HomeMy WebLinkAbout01-12-2015 Council Workshop
City of Arlington
Council Agenda Bill
Item:
WS #1
Attachment
A
COUNCIL MEETING DATE:
January 12, 2014
SUBJECT:
Amend AMC 13.12 Deferring the scheduled 2015 CPI increase to the water, sewer and
storm utility rates.
ATTACHMENTS:
DRAFT Ordinance 2015-XXX
DEPARTMENT OF ORIGIN
Public Works Department – Jim Kelly
EXPENDITURES REQUESTED: None
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
Amend Arlington Municipal Code (AMC) 13.12 allowing the City to defer implementation
of the 2015 mandatory water, sewer, and storm utility rate increases.
HISTORY:
AMC 13.12 040 mandates that the water, sewer and storm utility rates be increased
annually by the October reported percentage increase of the Consumer Price Index (CPI) for
the Seattle-Tacoma-Bremerton area. Staff has reviewed the current Utility budget forecast
and has determined that the mandatory CPI increase is not necessary.
ALTERNATIVES
- Do not approve amendment AMC 13.12.040
- Table for further discussion
RECOMMENDED MOTION:
No action at this time – workshop only. At the January 19th meeting, motion will be: I move
to approve the proposed Ordinance amending the mandatory 2015 water, sewer, and storm
rate increases.
ORDINANCE 20142015-XXX 1
CITY OF ARLINGTON
ORDINANCE NO. 20142015-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 20142015; and
WHEREAS, the City wishes to defer the planned utility rate increases for 20142015;
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, 2014201520142016; 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, 20152016, and provided
further, however, that notwithstanding any reduction in the CPI, rates shall not decrease.
ORDINANCE 20142015-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 2014/2015
RATE
Base rate per
residential
unit
$57.45 $ 62.80 $ 68.15 $ 70.15 $70.15
Beginning on January 15, 20152016, the rates set forth for the year 2014 2015 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 20142015-XXX 3
Monthly
charge
(sewer)
2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014/2015
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, 20152016, and on January 15th each year thereafter the rates set
forth for the year 2014 2015 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,
ORDINANCE 20142015-XXX 4
the monthly charges shall be based on the following, unless otherwise established in
the negotiated discharge permit:
(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 2014/2015
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 2014/2015
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, 20152016, 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 20142015-XXX 5
Sewer charge
(monthly)
2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014/2015
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, 20152016, 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 20142015-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, 20152016, the rates set forth for the year 2014 2015
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 2014/2015
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 20142015-XXX 7
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE
____ DAY OF _____________, 2014.2015
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:
WS #2
Attachment
B
COUNCIL MEETING DATE:
January 12, 2014
SUBJECT:
Utility Connection Fee and Rate Study
ATTACHMENTS:
Statement of Qualifications and Proposal for Connection Fee and Utility Rate Study
DEPARTMENT OF ORIGIN
Public Works Department – Jim Kelly
EXPENDITURES REQUESTED: $75,985
BUDGET CATEGORY: Water/Sewer Capital Improvement Fund
LEGAL REVIEW:
DESCRIPTION:
Proposal from FCS Group for a detailed financial analysis of the Water and Sewer utilities
connection fees and utility rates.
HISTORY:
As required by the state issued NPDES permit, the City completed a major improvement to the wastewater
treatment plant in 2001. Sewer connection fees and utility rates were adjusted to proportion cost
appropriately. Since then the economy has changed, some water debt obligations have retired, and other
sewer debt obligations will soon retire.
A detailed financial analysis of the City of Arlington’s water and sewer utilities is recommended to
evaluate the adequacy and appropriateness of Arlington’s current rate schedules and connection fees.
Doing so will ensure that the City has a connection fee and rate schedule that will provide both a viable
financial future for the water and sewer utilities and a fair fee for our customers.
Staff have reviewed qualification from several firms and have determined that the services provided by
FCS Group can best meet the City’s needs. As such, staff requested a proposal from FCS for a utility rate
and connection fee financial analysis.
ALTERNATIVES
- Do not approve this contract
- Table for further discussion
RECOMMENDED MOTION:
No action at this time – workshop only. At the January 20th meeting the motion will be: I move to accept
the FCS Group proposal for financial analysis of the City’s water and sewer connection fee and utility rate
schedule and authorize the mayor to sign the contract pending final review by the City Attorney.
City of Arlington
Council Agenda Bill
Item:
WS #3
Attachment
C
COUNCIL MEETING DATE:
January 12, 2015
SUBJECT:
Business and Towing License Ordinance Amendments
ATTACHMENTS:
Draft Ordinances & PPP
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Business License Amendment to Sections; 5.28.150 (d), 5.28.170 (7)&(8), 5.28.180
Towing License Amendment to Sections; 5.40.020, 5.40.060, 5.40.070
HISTORY:
The business license ordinance needs to be amended to better enforce non-renewals
and also reflect the changes made to the process.
The towing license ordinance needs to be amended to reflect an expiration and
renewal date consistent with the business license and also reflect changes made to the
process
ALTERNATIVES
Approve
Table
Deny
RECOMMENDED MOTION:
Workshop only.
Business & Towing
License Amendments
AMC TITLE 5, CHAPTERS 5.28.010 & 5.40.010
Towing Licenses
◦Similar to the Business License process but handled by APD
◦Requires both a Towing and Business License – renewal and expiration dates need to match
◦Language edits
◦Amend to mirror business license renewal time‐lines;
◦Towing Licenses expire on December 31st and the Business Licenses expire on June 30th
◦Towing Licenses will be processed through the Permit Center via iWorQ and routed to APD for review and approval
◦The Permit Center will be the administrator of the licenses, delegated by the City Clerk
Business Licenses
Issues Identified:
◦Process needs to be fixed (too time consuming and not customer friendly)
◦A realistic enforcement tool is needed
◦A realistic monetary penalty and enforcement tool for non‐renewal is needed (currently $5.00 per
month)
Fee Comparison
License Fee Penalty
City of Arlington $60.00 annual Proposed $120.00
City of Marysville $70.00 initial $40.00 renewal $250 min.
City of Stanwood $50.00 annual $1,000 max.
City of Lake Stevens $59.00 initial $$44.00 renewal 100%‐500%
Business License Data
2014 Business License Renewals:
On time (by June 30th) = 443 licenses ‐57%
30 days late (by July 31st) = 165 licenses ‐21%
60 days late (by August 31st) = 138 licenses ‐18%
After 60 days, Notice of Violation (September 1st – October 28th) = 13 licenses ‐2%
Businesses that have yet to pay (as of October 28th) = 12 licenses ‐2%
Total Renewals = 771 Business Licenses
Total Processed (churches, non‐profits, out‐of‐city) = 1134 Business Licenses.
Data Continued;
Realistic Data (time consuming)
◦771 renewal applications mailed out in May
◦165 late notices mailed out in July
◦138 late notices mailed out in August
◦13 Certified Notices mailed out in Sept.
◦9 Business’s currently in violation for non‐renewal
◦Total renewals and notices processed = 771 + 165 + 138 + 13 = 1087
Amended Application & Process
New Application and Process
BUSINESS LICENSE RENEWAL
Community & Economic Development Department
City of Arlington • 18204 59th Ave NE • Arlington, WA 98223 • Phone (360) 403-3551
AMOUNT DUE: $60.00
Business License Year July 1st – June 30th
It is time to renew your City of Arlington Business License.
Please make checks payable to the City of Arlington and return this renewal notice along with your annual fee in the
envelope provided. You may pay via credit card using the on-line process.
Any changes you would like the City to be aware of? ___________________________________________________
Business Physical Address:
Mailing Address: City, State, Zip:
Business Phone Number: Business Owner Phone Number:
Business Owner Name:
Emergency Phone Number:
Email Address:
If your business is no longer operating within the City of Arlington, please check here □ sign and return the form.
The undersigned hereby certifies that the information provided is accurate to the best of my knowledge.
Signature: ______________________________________________ Date: _________________________
Print Name: _______________________________________________Title/Position: ____________
*Please note that if applicable, the Fire Department requires an updated MSDS and Tier I and Tier II Emergency and Hazardous
Chemical inventory on file.
*If you have any questions concerning this invoice and request information, please contact the Permit Center at (360) 403-3551,
Monday through Friday 9:00 am to 4:00 pm.
On-line Payment Process
www.arlingtonwa.gov - On main page – Select “do you need a permit or license?”
How do I pay? Select - “Business License”
Enter the “License number” into the “search criteria”, then Search
Select “View”
Select “pay unpaid fees” Your renewed business license will be emailed within 72 hours.
Don’t forget to sign and date the form and enclose it with your payment.
10/2014 REV
Mission and Welcome Statement
The City of Arlington provides high quality services that are essential for a safe and vibrant
community.
The City of Arlington welcomes you to its business community.
The purpose of the city business license is not simply a mechanism to collect fees, but rather to
protect the public health, safety, and welfare of the community by;
Ensuring fire safety requirements are met when new business’s open,
To collect economic development, planning and demographic data,
To ensure compliance with public utility laws such as cross-connection and pre-
treatment requirements,
To ensure compliance with zoning, land use, and permit requirements,
To enable impact analysis,
To maintain a list of emergency contacts in the event of a fire or other emergency,
To provide an opportunity to communicate with businesses,
To monitor and manage non-conforming uses,
To provide review for compatibility of home occupations.
Penalty for non-renewal:
All business licenses expire June 30th of each year and are required to be renewed by June
30th. A Business License not renewed by June 30th is considered delinquent and the following
procedure/penalty will apply;
A 30-day grace period, until July 31st, will be afforded to all delinquent business license
holders. The owner or representative will be contacted during the grace period to discuss
the renewal process and discuss any hardship or other reason for the delinquency.
After July 31st all business’s in operation that have failed to obtain a business license will
be considered in violation of the Arlington Municipal Code (AMC) Section 5.28.190 and
will be subject to the following monetary penalties;
1. August 1st – August 31st = Double the Business License Fee ($120.00)
2. September 1st and beyond = A Notice of Civil Infraction will be issued with a
directive to appear in Snohomish County Court.
Questions?
ORDINANCE 2015-XXX 1
ORDINANCE NO. 2015-XXX
AN ORDINANCE RELATING TO BUSINESS LICENSES AND AMENDING
CHAPTER 5.28 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the city has the authority to license and regulate businesses located within
the City of Arlington; and
WHEREAS, the city staff has recommended changes and updates to the City’s
business license ordinance; and
WHEREAS, the City Council has considered the ordinance and has determined
the proposed revisions are in the best interests of the citizens;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
do ordain as follows:
Section 1. Arlington Municipal Code section 5.28.040 shall be and hereby is
amended to read as follows:
5.28.040 Definitions.
Except as otherwise expressly declared or clearly apparent from the context in
which used, the following definitions shall be applied in construing the provisions
of this chapter.
"Business" means all services, activities, occupations, pursuits or professions
located and/or performed within the city with the object of pecuniary gain, benefit
or advantage to the person, or to another person or class, directly or indirectly,
whether part-time or full-time. Each business location shall be deemed a separate
business. This definition includes, without limitation, home occupations, peddlers,
hawkers, and utility companies. It also includes the activities of businesses that
are located outside the city where sales or services are solicited by the physical
presence of business representatives inside the city. Businesses that are exempt
from this chapter are specified in Section 5.28.060 of this chapter.
"City clerk" means the city clerk of the city of Arlington, or his/her designee.
"Pecuniary" means of or pertaining to money.
"Person" means one or more persons, corporations, partnerships, associations or
other entities, but shall not include employees of persons licensed pursuant to this
chapter.
Section 2. Arlington Municipal Code section 5.28.150(d) shall be and hereby is
amended to read as follows:
(d) There shall be assessed a late payment penalty, as set by resolution, for each
thirty days of delinquency after a license fee or renewal fee is due late payment of
the annual fee. This penalty shall be added to the license fee.
ORDINANCE 2015-XXX 2
Section 3. A new Arlington Municipal Code section 5.28.190 shall be and hereby
is adopted to read as follows:
5.28.190 Enforcement.
(a) Notice of Civil Infraction. If after investigation, the Code Enforcement
Official has probable cause to believe that the applicable standards or
requirements of the Arlington Municipal Code have been violated, the Code
Enforcement Official may issue a civil infraction in accordance with Chapter 7.80
RCW, which is incorporated herein by reference, upon the owner, tenant,
occupier, manager, agent or other person responsible for the violation.
(b) Monetary Penalties – Restitution
(1) The maximum penalty and default amount for a class 1 civil
infraction shall be two hundred fifty dollars, not including statutory assessments.
(2) The maximum penalty and the default amount for a class 2 civil
infraction shall be one hundred twenty-five dollars, not including statutory
assessments.
(3) The maximum penalty and the default amount for a class 3 civil
infraction shall be fifty dollars, not including statutory assessments.
(4) The maximum penalty and the default amount for a class 4 civil
infraction shall be twenty-five dollars, not including statutory assessments
Section 4. Severability. Should any section, paragraph, sentence, clause, or
phrase of this ordinance be held invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase of this ordinance.
Section 5 . Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_______________, 2015.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
ORDINANCE 2015-XXX 3
Attest:
__________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________
Steven J. Peiffle
City Attorney
ORDINANCE 2015-XXX 1
ORDINANCE NO. 2015-XXX
AN ORDINANCE RELATING TO TOWING PROCEDURES AND AMENDING
CHAPTER 5.40 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the city has the authority to regulate towing companies within the City of
Arlington; and
WHEREAS, the city staff has recommended changes and updates to the City’s towing
company ordinance; and
WHEREAS, the City Council has considered the ordinance and has determined
the proposed revisions are in the best interests of the citizens;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
do ordain as follows:
Section 1. Arlington Municipal Code section 5.40.020 shall be and hereby is
amended to read as follows:
5.40.020 License-Required—Application.
It is unlawful for any person, firm or corporation engaged in the business of motor
vehicle wrecker or towing operator as defined in AMC 5.40.010 to tow or
otherwise remove motor vehicles from the scene of an accident, disability or
impounding, without first obtaining a license pursuant to the provisions of this
chapter, by making written application to the city clerk or his/her designee for
such license.
Section 2. Arlington Municipal Code section 5.40.050 shall be and hereby is
amended to read as follows:
5.40.050 License—Application—Registration of drivers.
Each operator must submit to the chief of police or his or her designee, with the
application, a list of proposed drivers, said list of drivers to be kept current at all
times during the period of the license.
Section 3. Arlington Municipal Code section 5.40.060 shall be and hereby is
amended to read as follows:
5.40.060 License—Issuance—Fee.
(a) Every application shall be referred to the chief of police or his or her designee,
whose duty it shall be to investigate the applicant and, if satisfied with his/her
qualifications, recommend to the city clerk that a license be issued.
ORDINANCE 2015-XXX 2
(b) The city clerk shall, upon receipt of the annual license fee, issue a license
which shall expire on December 31st June 30th; and all renewals thereafter shall
be for a period of one calendar year commencing on July 1st of each year. of the
year in which it is issued. The annual license fee shall be fifty dollars for each
vehicle to be operated. A separate license shall be required for each vehicle,
describing the specifically licensed vehicle.
(c) Applications for renewal of towing licenses must be completed and returned to
the city clerk, together with the renewal fees, prior to June 30th of each year. The
city clerk shall send a renewal notice to each licensee at the address provided to
the city. Failure of the licensee to receive any such form shall not excuse the
licensee from making application for and securing the required renewal license, or
from payment of the license fees) when and as due hereunder. A towing license
shall expire on June 30th of the year following issuance, if not renewed as
described herein.
Section 4. Arlington Municipal Code section 5.40.080 shall be and hereby is
amended to read as follows:
5.40.080 License—Recommendation by police chief.
If the chief of police finds from his or her investigation and from the information
obtained that the applicant is a financially responsible person and the bona fide
owner of the vehicles for which licenses are sought, and has met all of the
requirements of this chapter, that the vehicles are safe and equipped with valid
state licenses, that they are properly bonded for the protection of the public as
required by the motor vehicle laws of the state, and the convenience and necessity
of the city will be promoted by granting such applicant one or more licenses, the
chief of police shall recommend to the city clerk that the license be granted.
Section 5. Arlington Municipal Code section 5.40.090 shall be and hereby is
amended to read as follows:
5.40.090 - Appeal process Hearing required for license suspension or revocation.
Any applicant who has applied for a license under this chapter and has been
refused a license by the chief of police or the city clerk shall have the right to
appeal to the city council. Any licensee whose license is revoked or suspended
shall have the licensee whose license is revoked or suspended shall have the
right to appeal to the city council from such revocation or suspension by filing
with the city council a written notice thereof within five days after the notice of
entry of the order of revocation or suspension. The notice of appeal shall specify
an address at which the licensee may be given notice of hearing on the appeal.
The city council shall hear the appeal or may refer the same to a committee of
hearing. At the hearing, the licensee shall be entitled to appear in person and
offer evidence pertinent to the revocation or suspension, and the chief of police
or designee or city clerk shall likewise be entitled to be heard at the hearing and
to offer evidence in support of the order of revocation or suspension. A
ORDINANCE 2015-XXX 3
committee, if appointed, may hear the appeal and its actions shall be final and
conclusive. From the time of filing the written notice of appeal until the hearing
and action by the city council, the order of the chief of police or revocation or
suspension shall be effective. Any suspended or revoked license shall be
surrendered to the chief of police.
Whenever the chief of police determines that there may be cause for suspending
or revoking any license issued pursuant to this chapter, the city clerk shall notify
the person holding said license by registered or certified mail, return receipt
requested, of the chief's determination. Notice mailed to the address on the
license shall be deemed received three days after mailing. The notice shall
specify the grounds for suspension or revocation. The notice shall also specify
that the city's hearing examiner shall conduct a hearing at a time and date stated
in the notice to determine whether or not the license shall be suspended or
revoked. The notice shall be mailed to the licensee at least seven days prior to
the date set for the hearing. The licensee may appear at the hearing and be heard
in opposition to such suspension or revocation. The decision of the hearing
examiner may be appealed to the city council within fourteen days of the
decision. The city council will review the decision in a closed record hearing.
The decision of the city council shall be final, subject only to an appeal filed
with the Snohomish County Superior Court within fourteen days following the
date of such decision.
Section 6. Arlington Municipal Code section 5.40.120 shall be and hereby is
amended to read as follows:
5.40.120 Operation of towing business.
Each towing service licensee who wishes to impound vehicles, either private or
public, and/or to respond to police request to clear accident scenes shall, in
addition to the other requirements set forth herein, provide the following:
(1) Service to the public on a twenty-four-hour basis. At least one suitable single-
party telephone service shall be obtained and maintained;
(2) Radio equipment or cell phone service shall be installed at a dispatch point
and in each of the vehicles, and maintained in good working order at all times;
(3) Maintain an average response time of not more than twenty minutes to all
locations within the city;
(4) Secure a bond to cover any loss of public or private property from vandalism
or theft while vehicles impounded are stored in an impound storage lot.
(5) Tow operators will comply with all laws and city ordinances.
(6) Tow operators will not create additional hazardous conditions through their
negligence on the public highways while performing their job.
(7) Tow operators will comply with all lawful orders given by Arlington Police
Officers.
(8) A request for service from the Arlington Police Department means that “a
rotational tow” service was requested. An owner’s request for a special tow
company that is only relayed through the Police Department communication
system is not a request for service and therefore not part of the rotational tow
ORDINANCE 2015-XXX 4
program.
(9) When requested, the tow company will provide justification to the Police
Department for the amount of fees charged a person when the tow was requested
under a “rotational tow.” If the Police Chief determines that the fees charged
were unreasonable based upon the totality of the circumstances, the tow operator
will be given the opportunity to re-evaluate the bill.
(10) All employees of the towing company will have no felony convictions unless
they have had their full civil rights restored and are no longer under supervision of
any parole or probation officer.
Licensees called by the police department will be expected to respond and provide
service requested. Failure to comply with the provisions of Chapter 5.40 or these
rules may result in or will be subject to removal from rotational tow list.
Section 7. Arlington Municipal Code section 5.40.200 shall be and hereby is
amended to read as follows:
5.40.200 Additional rules.
The chief of police may make and enforce reasonable rules and regulations consistent
with this chapter, including provisions for inspection by him or his representatives the chief or
his or her designee of vehicles used under this chapter.
Section 8. Severability. Should any section, paragraph, sentence, clause, or phrase
of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, or phrase of this ordinance.
Section 9 . Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_______________, 2015.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
ORDINANCE 2015-XXX 5
Attest:
__________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
Item:
WS #4
Attachment
D
COUNCIL MEETING DATE:
January 12, 2015
SUBJECT:
Ordinance Amendment to Title 16 of the AMC relating to the Plumbing Code
ATTACHMENTS:
Draft Ordinance
DEPARTMENT OF ORIGIN
Community & Economic Development – Chris Young
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Amendment to Section 16.36.020 Document adopted by reference:
(a) The current edition of the International Plumbing Code as published by the
International Code Council is adopted by reference as an option for the city’s
plumbing code.
HISTORY:
The current plumbing code, the Uniform Plumbing Code (UPC), is published by the
International Association of Plumbing and Mechanical Officials (IAPMO) and is not
affiliated with the International Code Council (ICC), which publishes all of the other
building codes in the state. The International Plumbing Code (IPC) is published by
ICC and therefore, integrates into the other code documents. The UPC is a
standalone document and is drastically modified by the State Building Code Council,
which makes it difficult to use. The UPC does not regulate sewers on private
property, which causes difficulties with design options. The 2015 IPC regulates lead
free plumbing fixtures, which is a Federal and State requirement and also sewers on
private property.
State law has adopted the UPC but not the IPC (at least currently). State law also
limits the ability of the City to adopt alternative codes for single family and small
multi-family. Staff is recommending adoption of the IPC to be used along with the
UPC until the state takes action to coordinate.
ALTERNATIVES
Approve
Table
Deny
RECOMMENDED MOTION:
No action at this time.
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, SNOHOMISH COUNTY,
WASHINGTON, ADOPTING THE CURRENT EDITION OF THE INTERNATIONAL
PLUMBING CODE WITH CERTAIN ADDITIONS, DELETIONS, QULAIFICATIONS,
AND EXCEPTIONS AND AMENDING CERTAIN PROVISIONS OF CHAPTER 16.36
OF THE ARLINGTON MUNICIPAL CODE RELATED TO BUILDINGS AND
CONSTRUCTION
WHEREAS, the City of Arlington is charged with regulating building construction
within its limits; and
WHEREAS, pursuant to RCW 19.27.040, the City of Arlington is authorized to adopt
building construction regulations within its limits; and
WHEREAS, the International Plumbing Code is now the most modern generally
accepted codification of standards governing plumbing in the construction of buildings
and better permits the use of modern technical methods, devices and improvements; and
WHEREAS, adoption of the International Plumbing Code facilitates the elimination of
restrictive, obsolete and unnecessary requirements which could unnecessarily increase
construction costs and retard the use of new materials and methods of installation; and
WHEREAS, after having considered the issue, the City Council of the City of Arlington
finds that the City should adopt the International Plumbing Code with certain additions,
deletions, qualifications and exceptions as set forth herein;
NOW, THEREFORE, the City Council of the City of Arlington, Washington do ordain
as follows:
Section 1. Findings. The Council makes the following findings as the basis for this
ordinance:
a. In conformity with the responsibilities of the City of Arlington to provide for
public health, safety, and welfare requirements pursuant to state and local law,
and the City’s authority to regulate development codes within its corporate
limits, the City has adopted the applicable codes to regulate public health,
safety, and welfare.
b. The City understands the need for a streamlined process and set of codes that
benefit any and all development within its corporate limits.
c. The City wishes to adopt the International Plumbing Code as its plumbing code
for Arlington in order to better align all facets of the development stage with the
other development codes.
Section 2. Arlington Municipal Code Section 16.36.020 shall be and hereby amended as
follows:
16.36.020 Adopted. There is adopted and by this reference made a part of this
chapter as though fully set forth herein, at length, that certain code known as the
International Plumbing Code, 2015 Edition, as published by the International Code
Council, as the plumbing code for the City of Arlington for all occupancy class types of
buildings, including backflow prevention devices as required by the State Department of
Health.
The application of the Uniform Plumbing Code, as the state adopted plumbing
code, shall be limited in scope and is repealed from the City’s Municipal Code for all
occupancy types of buildings except for application to single-family and multi-family (4
units or fewer) residential buildings. The International Plumbing Code shall be allowed as
an approved alternate to the state plumbing code for application to single-family and multi-
family (4 units and fewer) residential buildings.
Section 3. There shall be a grace period of one hundred and eighty (180) days from the
effective date of this ordinance during which period the City will accept applications for
new building permits and allow the applicant the option to select either the International
Plumbing Code or the State’s adopted plumbing code.
Section 4. Savings Clause. The amendment of the provisions of Chapter 16 Section
16.36.020 of the Arlington Municipal Code, as set forth in this ordinance, does not affect
any pending or existing litigation, nor does it operate as an abatement or bar any action or
proceeding under or by virtue of the repealed or amended code section.
Section 5. Severability Clause. If any provision of this Ordinance or its application to
any person or circumstances is held invalid, the remainder of the Ordinance, or the
application of the provision to other persons or circumstances is not affected.
Section 6. Effective Date. This Ordinance shall take affect from and after the 5th date after
the date of its publication.
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE
_____ DAY OF _______________, 2015.
CITY OF ARLINGTON:
Barbara Tolbert, Mayor
ATTEST:
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
WS # 5
Attachment
E
COUNCIL MEETING DATE:
January 12, 2015
SUBJECT:
Approval of Deputy Police Chief Position
ATTACHMENTS:
Deputy Police Chief Job Description
Department Organization Chart
DEPARTMENT OF ORIGIN
Police
EXPENDITURES REQUESTED: Budgeted
BUDGET CATEGORY: Police
LEGAL REVIEW:
DESCRIPTION:
Phase I of the Police Department re-organization includes the addition of a Deputy Police
Chief and one patrol officer. In addition, it includes the elimination of both current
Commander positions. The Public Safety Director recommends Council approve the job
description and salary range commencing February 1, 2015 for Deputy Police Chief.
HISTORY:
The Deputy Police Chief is a new position to the City of Arlington. The Public Safety
Director, in consultation with Human Resources as well as other police agencies, has
analyzed the current roles of the managers. It has been confirmed there are deficiencies in
the management structure and alignment of positions. The creation of this position will
address those deficiencies as well as help the Department fulfill the recommendations set
forth in the Matrix Study.
The salary and benefit needs for this position will be met through the implementation and
completion of Phase I of the re-organization. Arlington’s proposed salary range, $7,341-
$10,466, is a level 62 and comparable to other upper management positions within the City of
Arlington which are established through council approved Classification Chart and
Proficiency Levels. In addition, a salary survey has been completed with like agencies.
Arlington’s proposed salary is neither the lowest nor the highest for this job classification.
Bonney Lake (pop 18,289) 8,418-10,419
Mill Creek (pop 18,828) 6,695-8,811
Monroe (pop 17,724) 7,516-9,596
Mountlake Terrace (pop 20,674) 9,443-10,149
Tukwila (pop 19,765) 8,812-11,463
No additional funds are being requested.
ALTERNATIVES
RECOMMENDED MOTION:
No action.
CITY OF ARLINGTON JOB DESCRIPTION
Title: Deputy Police Chief
FLSA: Exempt
Reports To: Director of Public Safety/Police Chief
Salary Range (62): $7,341-$10,466
Definition
Under the general direction of the Public Safety Director or Police Chief, performs a variety of
administrative and managerial work that includes planning, coordinating and directing the
activities of the Police Department and representative duties as assigned by the Public Safety
Director/Police Chief.
Essential Job Functions
•Manage the day-to-day operations of the Police Department.
•Plans, coordinates, directs and evaluates the operations of the Police Department and
implements the policies, procedures, programs and directives of the Public Safety
Director/Police Chief.
•Assists in the preparation and presentation of the department’s annual budget, implements
assigned budgeted work plans and allocates resources.
•Manages and directs the administration of department programs as assigned.
•Conducts research and recommends and establishes policies, procedures and programs for
the department.
•Provides direction, counseling, training, performance evaluations and recommends discipline
for subordinate employees, as well as provide oversight to employee relations matters
department-wide.
•Prepares and submits regular reports regarding department and/or major division activities.
•Represents the department at meetings, commissions and committees and other specific
functions as assigned.
•Assists the Human Resource Director in labor negotiations.
•Assists the Public Safety Director/Police Chief in the development and implementation of
department goals, objectives, regulations and long-range plans.
•Serves as Acting Chief in the Public Safety Director/Police Chief’s absence and assumes
field supervision responsibilities when warranted.
This is not designed to be a comprehensive listing of all activities, duties and responsibilities
required of the job. Other duties may be assigned and/or performed.
Required Knowledge, Skills and Abilities
•Modern principles, procedures, techniques and equipment related to the field assigned.
•General municipal operations and structure.
•Municipal, State and federal criminal and related laws, ordinances and codes including
content, intent, and application of criminal law.
11/25/14
KB Approved
• Prepare clear and concise written reports. Proper English usage, spelling, grammar and
punctuation.
• Budgeting principles, processes, and preparation.
• Applicable laws, ordinances, and departmental rules and regulations; and administrative
methods and procedures.
• Operating personal computers and utilizing computer applications and software.
• Ensuring compliance with and following standard safety practices and procedures common
to the field assigned.
• Problem-solve and work with little or no supervision; make and implement sound decisions
based on city and department policies/procedures and state and federal laws.
• Be discreet and maintain a high degree of confidentially, accountability, responsibility, and
accuracy.
• Must be able to perform most work related to positions supervised and have a thorough
knowledge of all assignments.
• Ability to work under pressure of deadlines and ability to work effectively on several projects
concurrently.
• Provide positive leadership and mentoring, and effectively communicate and motivate staff
members.
• Developing and implementing programs, policies, and/or procedures to achieve specific
goals and objectives.
• Establishing and maintaining effective working relationships with City officials, City
employees, and the general public.
• Communicating effectively, both orally and in writing.
• Supervise and evaluate performance of subordinates and interpret evaluation for correcting
deficiencies in a positive manner.
Minimum Requirements:
• At least 21 years of age
• United States citizen
• Bachelor’s Degree in Police Science, Law Enforcement, Criminal Justice, Public
Administration or a closely related field.
• Three years’ minimum experience as a Sergeant, Lieutenant or similar position with a
department of similar size or larger.
• Valid Washington State Driver's License, or ability to obtain, with a driving record
acceptable to the City’s insurance carrier.
• Current Washington BLET certificate, Washington First Level Supervision certificate,
Washington Mid-Management certificate, or their equivalent, are also required
Physical Activity Requirements
Heavy Work: Exerting up to 100 pounds of force occasionally, and/or up to 50 pounds of force
frequently, and/or up to 20 pounds of force constantly to move objects. The Deputy Chief must
possess the physical ability to qualify with department authorized firearms, successfully
complete department defensive tactics training, and perform the essential functions of the
position. Physical ability to lift and bend with bulky and heavy items up to approximately twenty
pounds; ability to squat, kneel, bend, stoop, reach, and lift.
11/25/14
KB Approved
____________________________________________________________________________________
The statements contained herein reflect general details as necessary to describe the principal functions of
this job, the level of knowledge and skill typically required, and the scope of responsibility, but should
not be considered an all-inclusive listing of work requirements. Individuals may perform other duties as
assigned including work in other functional areas to cover absences or relief, to equalize peak work
periods, or otherwise to balance the workload. Upon an offer of employment, other examinations will
include, but are not limited to, a pre-employment interview, general physical examination, psychological
examination, and complete background investigation including criminal history and driving record.
11/25/14
KB Approved
Public Safety
Director
Deputy Chief
VACANT
Sergeant
Officer
Officer
Officer
Sergeant
Officer
Officer
Officer
ARO/K‐9
Sergeant
Officer
Officer
ARO
Sergeant
Officer
Officer
NEW Officer
Det Sergeant
Detective
Detective
VACANT
SRO
PRO‐ACT
PRO‐ACT
PSO
Police Services
Supervisor
Police Services
Tech
Police Services
Tech
Executive
Assistant
* Facilities/Fleet duties moved to City Hall
* Range Master
* Violent Offender Task Force
* Neighborhood Liaison Program
* Reserve Program
* FTO
* Explorer Program
* Volunteer
City of Arlington
Council Agenda Bill
Item:
WS #6
Attachment
F
COUNCIL MEETING DATE:
January 12, 2015
SUBJECT:
Contract renewal with Feldman & Lee for public defender services
ATTACHMENTS:
Proposed contract with Feldman & Lee for public defender services
DEPARTMENT OF ORIGIN
Administration / Legal – Contact Kristin Banfield, 360-403-3444; Steve Peiffle
EXPENDITURES REQUESTED: $12,000 per month
BUDGET CATEGORY: General Fund – Criminal Justice
LEGAL REVIEW:
DESCRIPTION:
The City’s contract with Feldman & Lee for public defender services expired on February 28,
2014. The City and Feldman & Lee recently completed negotiations on a successor agreement,
covering the term from January 1, 2015 through December 31, 2016.
The State Supreme Court has issued case load limits for public defenders to 400 cases. In
addition, last year’s federal court ruling in Wilbur v. City of Mount Vernon require the City to
make additional improvements to our provision of public defender services. As anticipated
when the last contract was approved in 2014, these two issues required the City to revisit the
contract with Feldman & Lee.
HISTORY:
The law firm of Feldman & Lee has served as the City’s public defender since 2007. Feldman
& Lee had a fee increase in early 2014 to address some improvements made to Public
Defender services for compliance with recent state supreme court mandates and the results of
the Mount Vernon federal case.
ALTERNATIVES
RECOMMENDED MOTION:
No action at this time. At the January 20th Council meeting the proposed motion will
be “I move to approve the contract with Feldman & Lee for public defender services
and authorize the Mayor to sign it.”
1
CONTRACT FOR INDIGENT DEFENSE SERVICES
WHEREAS, the City of Arlington, Washington (hereinafter “City”) provides indigent
defense services to individuals who have been certified for representation in criminal charges
before the Marysville Municipal Court (hereinafter “Municipal Court”); and
WHEREAS, Feldman & Lee, P.S., (hereinafter “Attorney”) is a licensed attorney in good
standing in the state of Washington who has been selected to perform services to indigent defense
clients under contract with the City; and
WHEREAS, the City has adopted standards for public defense pursuant to the requirements
of RCW 10.101.030, under Resolution No. 2014-017; now, therefore,
The City and Attorney have entered into this Agreement in consideration of the mutual
benefits to be derived and the mutual promises contained herein:
1. Scope of Services, Standards and Warranty. The Attorney will provide indigent defense
services in accordance with the standards adopted by the City in Resolution No. 2014-017, as the
same exists or is hereafter amended. The Attorney warrants that he/she, and every attorney and/or
intern employed by the Attorney to perform services under this contract, has read and is fully
familiar with the provisions of the Washington Supreme Court rule and the standards adopted by
the City pursuant to Resolution No. 2014-017, (hereinafter “Standards”). Compliance with these
Standards goes to the essence of this Agreement. The Attorney, and every attorney and/or intern
performing services under this Agreement, shall certify compliance quarterly with the Municipal
Court. A copy of each and every such certification shall be provided to the City contemporaneously
with filing with the Municipal Court. The Attorney further warrants that his/her proposal, reflected
in Section 2, Compensation, reflects all infrastructure, support, administrative services and systems
necessary to comply with the Standards.
2. Compensation. The City shall pay to the Attorney for services rendered under this
Contract the sum of Twelve Thousand and No/100 Dollars ($12,000.00) per month.
2.1 Case Counts. The above charge is based upon the anticipated case count for
the City of Arlington cases per year, not to exceed four hundred (400450) cases per year. As
provided in the Standards, the case counts also include the Attorney’s appearance at all
arraignment calendars. The terms “case” and credit” shall be defined as provided in the Standards.
The City has adopted an unweighted case count.
2.2 Adjustment. As provided in the Standards, case counts may be revised
upwards based upon a variety of factors.
2.3 Base Compensation. Except as expressly provided in Section 2.4, the cost of
all infrastructure administrative, support and systems as well as standard overhead services
necessary to comply with the established standards is included in the base payment provided in
Section 2.1 above.
2
2.4 Payments in Addition to the Base Compensation. The City shall pay for the
following case expenses when reasonably incurred and approved by the Municipal Court from
funds available for that purpose:
2.4.1 Discovery. Discovery shall be provided in accordance with law and
court rule by the City Prosecutor. For post-conviction relief cases, discovery includes the cost to
obtain a copy of the defense, prosecuting attorney making this charge or court files pertaining to
the underlying case.
2.4.2 Preauthorized Non-Routine Expenses. Non-routine case expenses
requested by Attorney and preauthorized by order of the Municipal Court. Unless the services are
performed by Contractor’s staff or subcontractors, non-routine expenses include, but are not
limited to:
(i) medical and psychiatric evaluations;
(ii) expert witness fees and expenses;
(iii) interpreters for languages not commonly spoken in the City or
interpreters for services other than attorney/client communication;
(iv) polygraph, forensic and other scientific tests;
(v) computerized legal research;
(vi) investigation expenses; and
(vii) any other non-routine expenses the Municipal Court finds
necessary and proper for the investigation, preparation, and presentation of a case.
2.4.3 Lay Witness Fees. Lay witness fees and mileage incurred in bringing
defense witnesses to court, but not including salary or expenses of law enforcement officers
required to accompany incarcerated witnesses;
2.4.4 Copying Clients’ Files. The cost, if it exceeds $25, of providing one
copy of a client’s or former client’s case file upon client’s or client’s appellate, post-conviction
relief or habeas corpus attorney’s request, or at the request of counsel appointed to represent the
client when the client has been granted a new trial;
2.4.5 Copying Direct Appeal Transcripts for RALJ Appeals. The cost, if it
exceeds $25, of making copies of direct appeal transcripts for representation in post-conviction
relief cases. Contractor is limited to no more than two copies;
2.4.6 Records. Medical, school, birth, DMV, and other similar records, and
911 and emergency communication recordings and logs, when the cost of an individual item does
not exceed $75; and
2.4.7 Process Service. The cost for the service of a subpoena as long as the
rate per location does not exceed the guideline amount as shown in the payment policy.
2.5 Renegotiation Due to Increases or Decreases in Case Load. The City and
Attorney shall, at the option of either party, renegotiate this Contact if there is a significant increase
3
or decrease in the number of cases assigned. “Significant decrease” and “significant increase” shall
mean a decrease or increase, respectively, of more than ten percent (10%) in the number of cases
assigned or, in the alternative, a decrease or increase in the number of cases assigned which results
in more than 400 450 cases being assigned in an “average” calendar year or an average of 100112.5
cases per quarter. At the request of either party, the City and Attorney will periodically review
cases assignment trends, requests for additional credits and any other matters needed to determine
contract compliance or necessary contract modifications.
2.6 Periodic Review. The parties agree to meet to review the caseload and any
other issues not less than every six (6) months during the duration of this Agreement.
3. Term. The term of this agreement shall be from January 1, 2015 through December 31,
2016, unless sooner terminated as provided in this Agreement.
3.1 For Cause. This agreement may be terminated for cause for violation of any
material term of this agreement. “Material term” shall include any violation indicating a failure to
provide representation in accordance with the rules of the court and the ethical obligations
established by the Washington State Bar Association, a violation of the Standards of the provisions
of Section 6 relating to insurance, conviction of a criminal charge, and/or a finding that the license
of the Attorney, or any attorney providing service under this agreement, has been suspended or
revoked. Any violation of the other provisions of this Contract shall be subject to cure. Written
notice of contract violation shall be provided to the Attorney who shall have ten (10) business days
to correct the violation. Failure to correct the violation will give rise to termination for cause at the
City’s discretion. In lieu of terminating this contract, the City may agree in writing to alternative
corrective measures.
3.2 Termination on Mutual Agreement. The parties may agree in writing to
terminate this contract at any time. Unless otherwise agreed to in writing, termination or expiration
of this contract does not affect any existing obligation or liability of either party.
4. Nondiscrimination. Neither the Attorney nor any person acting on behalf of the
Attorney, shall, by reason of race, creed, color, national origin, sex, sexual orientation, honorably
discharged doctrine or military status, or the presence of any sensory, mental, or physical disability
or the use of a trained guide dog or service animal by a person with a disability, discriminate
against any person who is qualified and available to perform the work to which the employment
relates, or in the provision of services under this agreement.
5. Indemnification. The Attorney agrees to hold harmless and indemnify the City, its
officers, officials, agents, employees, and representatives from and against any and all claims,
costs, judgments, losses, or suits including Attorney’s fees or awards, and including claims by
Attorney’s own employees to which Attorney night otherwise be immune under Title 51 arising
out of or in connection with any willful misconduct or negligent error, or omission of the Attorney,
his officers or agents.
It is specifically and expressly understood that the indemnification provided herein
constitutes the waiver of the Attorney’s waiver of immunity under Title 51 RCW solely for the
Formatted: No underline
Formatted: Underline
4
purposes of this indemnification. The parties have mutually negotiated this waiver. This clause
shall survive the termination or expiration of this agreement and shall continue to be in effect for
any claims or causes of action arising hereunder.
6. Insurance. The Attorney shall procure and maintain for the duration of this agreement
insurance against claims for injuries to persons or property which may arise from or in connection
with the performance of work hereunder by the Attorney, or the agents, representatives,
employees, or subcontractors of the Attorney.
6.1 Minimum Scope of Insurance. Attorney shall obtain insurance of the types
described below:
6.1.1 Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
6.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an insured under the
Service Provider’s Commercial General Liability insurance policy with respect to the work
performed for the City using ISO additional insured endorsement CG 20 10 10 01 and CG 20 37
10 01 or substitute endorsements providing equivalent coverage.
6.1.3 Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
6.1.4 Professional Liability insurance appropriate to the Attorney’s
profession.
6.2 Minimum Amounts of Insurance. Attorney shall maintain the following
insurance limits:
6.2.1 Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per accident.
6.2.2 Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence and $2,000,000 general aggregate.
6.2.3 Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit. The policy shall contain no
exclusion for loss or liability relating to a claim of ineffective assistance of counsel.
5
6.3 Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Automobile Liability and Commercial General
Liability insurance.
6.3.1 The Attorney’s insurance coverage shall be primary insurance as
respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the
City shall be excess of the Service Provider’s insurance and shall not contribute with it.
6.3.2 The Attorney’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
6.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
6.5 Verification of Coverage. Attorney shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily limited to
the additional insured endorsement, evidencing the insurance requirements of the Service Provider
before commencement of the work.
7. Work Performed by Attorney. In addition to compliance with the Standards, in the
performance of work under this Agreement, Attorney shall comply with all federal, state and
Municipal laws, ordinances, rules and regulations which are applicable to Attorney’s business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of such operations.
8. Work Performed at Attorney’s Risk. Attorney shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of work hereunder, and shall take all
protections reasonably necessary for that purpose. All work shall be done at the Attorney’s own
risk, and the Attorney shall be responsible for any loss or damage to materials, tools, or other
articles used or held in connection with the work. Attorney shall also pay its employees all wages,
salaries and benefits required by law and provide for taxes, withholding and all other employment
related charges, taxes or fees in accordance with law and IRS regulations.
9. Personal Services, No Subcontracting. This Agreement has been entered into in
consideration of the Attorney’s particular skills, qualifications, experience, and ability to meet the
Standards incorporated in this Agreement. Therefore, the Attorney has personally signed this
Agreement below to indicate that he/she is bound by its terms. This Agreement shall not be
subcontracted without the express written consent of the City and refusal to subcontract may be
withheld at the City’s sole discretion. Any assignment of this Agreement by the Attorney without
the express written consent of the City shall be void.
10. Modification. No waiver, alteration or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by the duly authorized representatives of
the City and the Attorney.
6
11. Entire Agreement. The written provisions in terms of this Agreement, together with
any exhibit attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statement(s) shall not be effective or construed as entering into
or forming a part of, or altering in any manner whatsoever, this Agreement.
12. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder
shall become effective as of the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated in the Agreement or such other
address as may be hereinafter specified in writing:
CITY: Kristin Banfield, City Clerk
238 N. Olympic Avenue
Arlington, WA 98223
ATTORNEY: Feldman & Lee, P.S.
19308 44th Avenue W.
Lynnwood, WA 98036
13. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of such covenants,
agreements, or options, and the same shall be and remain in full force and effect.
14. Resolutions of Disputes, Governing Law. Should any dispute, misunderstanding or
conflict arise as to the terms or conditions contained in this Agreement, the matter shall be referred
to the City Administrator, whose decision shall be final. Provided, however, that any complaint
regarding any violation of the Standards or which relate to any manner whatsoever to trial strategy
or an ongoing case, shall be referred to the Judge of the Municipal Court or to the Washington
State Bar Association as appropriate. Nothing herein shall be construed to obligate, require or
permit the City, its officers, agents, or employees to inquire into any privileged communication
between the Attorney and any indigent defendant. In the event of any litigation arising out of this
Agreement, the prevailing party shall be reimbursed for reasonable attorneys’ fees from the other
party. This Agreement shall be governed by and construed in accordance with the laws of the State
of Washington and the rules of the Washington Supreme Court as applicable. Venue for an action
arising out of this Agreement shall be in Snohomish County Superior Court.
IN WITNESS WHEREOF, the parties have executed this Agreement on the ______ day
of _____________________, 20____.15.
CITY OF ARLINGTON
By:_____________________________________
Barbara Tolbert, Mayor
7
ATTEST/AUTHENTICATE:
By______________________________________
City Clerk
APPROVED AS TO FORM:
BAILEY, DUSKIN & PEIFFLE, P.S.
By: ______________________________________
Steven J. Peiffle, WSBA #14704
ATTORNEY:
FELDMAN AND LEE, P.S.
By: _________________________________________
James Feldman, President
By: _________________________________________
This Agreement has been executed personally by the Attorney providing services hereunder to
indicate his commitment to providing the services in accordance with the standards herein
provided. In addition, the corporate entity under which the Attorney practices has executed this
Agreement indicating the corporate entities’ Agreement to comply with the terms of this
Agreement.
City of Arlington
Council Agenda Bill
Item:
WS #7
Attachment
G
COUNCIL MEETING DATE:
January 12, 2015
SUBJECT:
Contract with The Prothman Company for Finance Director Search
ATTACHMENTS:
Proposed contract with The Prothman for Finance Director Search
DEPARTMENT OF ORIGIN
Administration / HR – Contact Paul Ellis, 360-403-4603; Kristin Banfield, 360-403-
3444
EXPENDITURES REQUESTED: $18,500, plus expenses
BUDGET CATEGORY: General Fund – Personnel Services
LEGAL REVIEW:
DESCRIPTION:
With the retirement of Jim Chase in September, the City needs to hire a new Finance Director.
The Prothman Company will assist the City in completing the recruitment process with the
goal of a selection of the top candidate by the end of May. The City has requested that Mary
Swenson, senior consultant for The Prothman Company, lead the recruitment process.
HISTORY:
In September 2014, after almost 30 years in public service, Jim Chase retired as Finance
Director. Jim served the City of Arlington for 4+ years prior to his retirement. Roxanne
Guenzler is serving as Interim Finance Director until a new Director can be selected.
The Prothman Company has completed a number of hiring searches for the City in the past
15 years, including City Administrator and Fire Chief.
ALTERNATIVES
RECOMMENDED MOTION:
No action at this time. At the January 20th Council meeting the proposed motion will
be “I move to approve the contract with The Prothman Company for the Finance
Director search and authorize the Mayor to sign it.”
Proposal
to provide recruitment
services for Arlington's next
Finance Director
Presented by
STATEMENT OF QUALIFICATIONS
ABOUT PROTHMAN
Prothman Company is a Northwest based consulting firm that specializes in
providing national and regional executive recruitment services to cities, countie s,
districts and other governmental agencies throughout the western United States.
Founded in 2001, Prothman has quickly become an industry leader known and
respected for outstanding customer service, quality candidate pools, and
knowledge of local government.
OUR EXPERTISE
Recruitment Knowledge and Experience: The Prothman team has conducted over
450 recruitments and interim placements. We have read and screened over
15,000 resumes, and we have personally interviewed over 5,000 semifinalist
candidates. We know how to read between the lines, filter the fluff, and drill down
to the qualities and experiences required in a good manager.
Firsthand Knowledge of Local Government: Every Prothman team member has
worked in local government. Our talented consultants have a cumulative 150 years
in local government service, with expertise ranging from organization
management, police and fire management, human resources, finance, public
works and elected official public service.
OUR PROVEN PROCESS
Clients and candidates continually tell us that we have the best process and client
service in the industry. The tenure of our placements is among the best in the
industry because we understand that "fit" is the most important part of the process;
not just fit within the organization, but fit within the community, as well.
OUR GUARANTEE
We are confident in our ability to recruit an experienced and qualified candidate
who will be the perfect “fit” for your organization. Should the selected finalist leave
the position or be terminated for cause within one year from the employment date,
we will conduct a replacement search with no additional professional fee.
CONTACT INFORMATION
Sonja Prothman
371 NE Gilman Blvd, Ste 350
Issaquah, WA 98027
206.368.0050 work, 206.605.0415 cell
sonja@prothman.com
Submittal Date: October 14, 2014
STATEMENT OF QUALIFICATIONS - EXPERIENCE
Current Recruitments
City of Mukilteo, WA - Management Services Director
WACO, WA - Executive Director
Summit County, OR - County Manager
Jackson County, OR - HR Director
Snohomish County, WA - Airport Director
City of Fife, WA - City Manager
City of Covington, WA - City Manager
City of Puyallup, WA - City Manager
City of Chehalis, WA - City Manager
City of Bandon, OR - City Manager
City of Scappoose, OR - City Manager
City of Lincoln City, OR - City Manager
City of McMinnville, OR - City Manager
City of Kent, WA - PW Operations Manager
City of Federal Way, WA - Community Development Director
City of Shoreline, WA - City Attorney
Gunnison County, CO - HR Director
City of Shelton, WA - Police Chief - just completed
WTA, WA - Finance Director - just completed
City of Pasco, WA - City Manager - just completed
References
City of Bothell, WA - PW Director, City Attorney, Police & Fire Chiefs, HR Director
Contact - City Manager, Bob Stowe - 425.486.3256
City of Shoreline, WA - City Attorney, Parks & Rec. Director, City Manager
Contact - HR Director, Paula Itaoka - 206.801.2241
City of Vancouver, WA - HR Director, Parks & Rec. Director, Budget Manager
Contact - Deputy City Manager, Dave Mercier - 360.487.8610
Availability, Communication & Schedule
One of our first tasks will be to coordinate and commit a schedule. Then, we protect
your dates on a master schedule to assure we never miss a commitmen t. We provide
you our cell phone numbers so you have direct access to your lead consultant and
support staff and we will communicate and update you as often as you desire.
Our recruitments take approximately 10-14 weeks to complete, depending on the scope
and direction from the client. You can expect approximately: 2 -3 weeks for stakeholder
interviews and profile development and approval, 5 -6 weeks for recruitment, 2-3 weeks
for screening and interviewing, and 2-3 weeks for coordinating final interviews.
STATEMENT OF QUALIFICATIONS - PROJECT TEAM
MARY SWENSON - PROJECT LEAD
Mary Swenson retired from the city of Marysville in March 2010. She has worked the
entire 32-1/2 years of her public service career with the city of Marysville, rising through
a variety of administrative positions before attaining the post of City Administrator in
January 2001. Prior to being promoted to City Administrator, Mrs. Swenson served nine
years as Assistant to the City Administrator/City Clerk.
Mary is Past-President of the Washington Cities Insurance Authority. She also served
on the Board of Directors and Executive Committee for Allied Employers (a Puget
Sound labor relations firm), Washington City/County Management Association Board
member, and the Greater Marysville Tulalip Chamber of Commerce Board of Directors.
She is a member of the Marysville Noon Rotary Club, International City/County
Managers Association (ICMA) and Washington City/County Management Association.
Mary is a 1977 graduate of Griffin Business College.
GREG PROTHMAN - PROJECT SUPPORT
As President of the Prothman Company, Greg offers a unique combination of 20+ years
experience in various functions of government and 17 years of experience in public
sector recruitment. Prior to forming the Prothman Company, Greg served as a police
officer for the University of Washington and the City of Renton. He left police work after
completing his Master of Public Administration degree and accepted an administrative
position for the City of Des Moines, WA. He was quickly promoted to Assistant City
Manager and then City Manager. After nine years in Des Moines, Greg left city
management to become a partner in a local executive recruitment firm. A Seattle native,
Greg completed his BA at Western Washington Unive rsity and his Master of Public
Administration degree from the University of Washington. Greg is a member of SMR
(Seattle Mountain Rescue).
SONJA PROTHMAN - PROJECT SUPPORT
As Vice-President of the Prothman Company, Sonja assists with recruitments and
organizational assessments, and she manages the support staff and the "business" side
of Prothman. Sonja is a former councilmember for the City of Normandy Park and
brings to Prothman the “elected official” side of city government —an invaluable
perspective for understanding our clients’ needs. Sonja also brings private sector
expertise having worked with the Boeing Company where she was on the start -up team
as lead negotiator for schedules and deliverables for the first 777 composite
empennage. A Seattle native, Sonja earned a Bachelor’s Degree in Communications
from the University of Washington.
BARRY GASKINS - PROJECT SUPPORT
Barry Gaskins is responsible for candidate management. His attention to detail and
understanding of timeliness to the customer and candidates is remarkable. Barry works
with the lead consultant in following through with scheduling interviews, arranging
candidate travel, managing candidate application packets, and assembly of candidate
information to give to the client. Barry came to us from the Bill & Melinda Gates
Foundation where he served as a Program Assistant for four years in the US Library
Program. Barry earned his Bachelor’s Degree from California State University in Los
Angeles.
Recruitment Process
Project Review
The first step will be to review the following topics:
♦ Review the scope of work and amend as needed
♦ Review the project schedule
♦ Identify the geographic scope of the search (local, regional or national)
♦ Review the compensation package and decide if a salary survey is needed
♦ Identify key stakeholders
Information Gathering and Research (Soliciting Input)
We will spend as much time as it takes to learn everything we can about your organization.
Our goal is to thoroughly understand the values and culture of the City of Arlington, as well
as the preferred qualifications you desire in your next Finance Director. We will travel to
Arlington and:
♦ Meet with the City Administrator, Community/Economic Development Director
♦ Meet with Department Staff
♦ Meet with other stakeholders as directed
♦ Review all document related to the position
Position Profile Development (Identifying the Ideal Candidate)
Once we have a firm understanding of the preferred candidate qualifications , as well as the
values and culture of your organization, we will develop a profile of your ideal candidate.
Once the Position Profile is written and approved, it will serve as the foundation for our
determination of a candidate’s "fit" within the organization and community. Profiles include
the following:
♦ A description of the ideal candidate’s qualifications
Years of related experience and education required
Ideal personality traits and work habits
♦ Organization-specific information
Description of the organization, position and key responsibilities
Priorities and challenges facing the organization
♦ Community-specific information
Overview of the region
Description of the environment and quality of life details
♦ Compensation package details
♦ Information on how to apply
Recruitment and Advertising Strategy (Locating Qualified Candidates)
We recognize that often the best candidates are not actively looking for a new position--this
is the person we want to reach and recruit. We have an aggressive recruitment strategy
which involves the following:
♦ Print and Internet-based Ads placed nationally in professional publications,
journals and on related websites.
♦ Direct Mail Recruitment Brochures sent directly to hundreds of highly qualified
finance professionals who are not actively searching for a new position.
♦ Posting the Position Profile on the Prothman Website, which receives
thousands of hits per month.
Candidate Screening (Narrowing the Field)
Once the application deadline has passed, we will conduct an extensive candidate review
designed to gather detailed information on the leading candidates. The screening process
has 4 key steps:
1) Application Review: Using the Position Profile as our guide, we will screen the
candidates for qualifications based on the resumes, applications, and
supplemental questions (to determine a candidate’s writing skills, analytical
abilities and communication style). After the initial screening, we take the yes's
and maybe's and complete a second screening where we take a much deeper
look into the training, work history and qualifications of each candidate.
2) Personal Interviews: We will conduct in-depth videoconference or in-person
interviews with the top 8 to 15 candidates. During the interviews, we ask the
technical questions to gauge their competency, and just as importantly, we
design our interviews to measure the candidate's fit within your organization.
3) Internet Publication Background Search: We conduct an internet publication
search on all semifinalist candidates prior to their interviews. If we find anything
out of the ordinary, we discuss this during the initial interview and bring this
information to you.
4) Work Session: We will prepare and send you a detailed summary report which
includes each candidate's application materials and the results of the personal
interviews and publication search. We will travel to Arlington or meet via
phone conference and advise you of the candidates meeting the qualifications,
our knowledge of them, and their strengths and weaknesses relative to fit within
your organization. We will give you our recommendations and then work with
you to identify the top 4 to 6 candidates to invite to the final interviews. We will
discuss the planning and design of the final interview process during this
meeting.
Final Interview Process (Selecting the Right Candidate)
♦ Design of the Final Interviews
The design of the final interviews is an integral component towards making sure
that all stakeholders have the opportunity to learn as much as possible about
each candidate. Elements of the design process include:
Deciding on the Structure of the Interviews
We will tailor the interview process to fit your needs. It may involve using
various interview panels, or just one-on-one interviews with the decision
makers.
Deciding on Candidate Travel Expenses
We will help you identify which expenses your organization wishes to cover.
Identifying Interview Panel Participants & Panel Facilitators
We will work with you to identify the participants of different interview panels
to ensure that all stakeholders identified have been represented.
♦ Background Checks
Prior to the final interviews, we will conduct a background check on each of the
finalist candidates. Background checks include the following:
References
We conduct 3-4 reference checks on each candidate. We ask each
candidate to provide names of their supervisors, subordinates and peers for
the last several years. From this list we will have personal conversations with
the individuals who have direct knowledge of the candidate’s work and
management style.
Education Verification, Criminal History, Driving Record and Sex
Offender Check
We contract with Sterling for all background checks. We will conduct a
criminal history, driving record and sex offender check on each candidate in
the states in which they have worked.
♦ Candidate Travel Coordination
For those candidates who will be traveling to the final interviews, we work with
the candidates to organize the most cost effective travel arrangements.
♦ Final Interview Binders
We will provide Final Interview Binders. They are the tool that keeps the final
interview process organized and ensures that all interviewers are “on the same
page” when it comes to evaluating each candidate.
♦ Interviews with Candidates
We will travel to Arlington and facilitate the interviews. The interview process
usually begins with a morning briefing where schedule and process will be
discussed with all those involved in the interviews. Each candidate will then go
through a series of one hour interview sessions, with an hour break for lunch.
♦ Panelists & Decision Makers Debrief: After the interviews are complete, we
will facilitate a debrief session with all panel participants where the panel
facilitators will report their panel's view of the strengths and weaknesses of each
candidate interviewed. The decision makers will also have an opportunity to ask
panelists questions.
♦ Candidate Evaluation Session: After the debrief we will facilitate the evaluation
process, help the decision makers come to consensus, discuss next steps, and
organize any additional candidate referencing or research if needed.
♦ Communicate with Candidates: We will personally call the candidates who
were not chosen to be your next finance director.
♦ Facilitate Employment Agreement: Once the top candidate has been selected,
we will offer any assistance needed in developing a letter of offer and negotiating
terms of the employment agreement.
Warranty
♦ Repeat the Recruitment: Should a top candidate not be chosen, we will repeat
the recruitment with no additional professional fee.
FEE, EXPENSES & GUARANTEE
Professional Fee
The fee for conducting a Finance Director recruitment with a one-year guarantee is
$18,500, plus expenses. The professional fee covers all Prothman consultant and staff time
required to conduct the recruitment. This includes all correspondence and (3) on-site meetings
with the client, writing and placing the recruitment ads, development of the candidate profile,
creating and sending invitation letters, reviewing resumes, coordinating and conducting
semifinalist interviews, coordinating and attending finalist interviews, coordinating candidate
travel, professional reference checks on the finalist candidates and all other search related
tasks required to successfully complete the recruitment.
Expenses
Expenses vary depending on the design of the recruitment. We work diligently to keep
expenses at a minimum and keep records of all expenditures. The City of Arlington will be
responsible for reimbursing expenses Prothman incurs on your behalf. Expense items include
but are not limited to:
Newspaper, trade journal, websites and other advertising (approx. $1,000 - 1,400)
Direct mail announcements (approx. $800 – 1,400)
Final Interview Binders & printing of materials (approx. $300 - 500)
Delivery expenses for Interview Binders (approx. $75 - 150)
Consultant travel and related expenses: mileage at IRS rate, travel time @ $65 per hour
Background checks performed by Sterling (approx. $175 per candidate)
Any client-required licenses, fees or taxes
Candidate travel: We cannot approximate candidate travel expenses because they vary
depending on the number of candidates, how far the candidates travel, length of stay, if
spouses are included, etc. If you wish, we will coordinate and forward to your organization
the candidates' travel receipts for direct reimbursement to the candidates.
Professional fees are billed in three equal installments throughout the recruitment. A 3% charge
will be added to all expenses which reflect City of Issaquah and State B&O tax obligations.
Expenses are billed monthly.
Guarantee
Our record of success in placing highly qualified candidates provides that Prothman will
guarantee with a full recruitment that if the selected finalist is terminated or resigns within one
year from the employment date, we will conduct a replacement search with no additional
professional fee.
Cancellation
You have the right to cancel the search at any time. Your only obligation would be the fees and
expenses incurred prior to cancellation.
City of Arlington
Council Agenda Bill
Item:
WS #8
Attachment
H
COUNCIL MEETING DATE:
January 12, 2015
SUBJECT:
Ordinance creating a Citizen Salary Review Commission
ATTACHMENTS:
Draft Ordinance creating a Citizen Salary Review Commission
RCW 35.21.015
DEPARTMENT OF ORIGIN
Administration / Legal – Contact Paul Ellis, 360-403-4603; Steve Peiffle
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
At the fall Council Retreat, the Council requested staff to research and provide a draft
ordinance on the creation of a Citizen’s Salary Review Commission to periodically
review the salaries of City elected officials.
The draft ordinance has been drafted by the City Attorney to be consistent with the
requirements of state law, RCW 35.21.015, on the creation and composition of such
commissions.
HISTORY:
ALTERNATIVES
RECOMMENDED MOTION:
No action at this time.
ORDINANCE NO. 2015-XXX 1
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
CREATING A NEW CHAPTER 2.89 OF THE ARLINGTON
MUNICIPAL CODE RELATING TO
A CITIZEN SALARY REVIEW COMMISSION
WHEREAS, the City of Arlington, Washington, wishes to ensure the salaries it
pays to elected officials is appropriate; and
WHEREAS, state law authorizes the creation of a citizens salary review
commission; and
WHEREAS, the City Council wishes to create a commission to periodically
review the salaries of City elected officials;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. New Chapter Adopted. The Arlington Municipal Code is
hereby amended to add a new Chapter 2.89, as follows:
Chapter 2.89
CITIZEN SALARY REVIEW COMMISSION
Sections:
2.89.010 Purpose.
2.89.020 Duties.
2.89.030 Eligibility.
2.89.040 Appointment.
2.89.050 Operation.
2.89.060 Salary schedule recommendation.
2.89.070 Open meetings.
2.89.010 Purpose. It is the policy of the city of Arlington to base salaries and per
diem reimbursement of elected officials on realistic standards so that elected officials of
the city may be paid according to the duties of their offices, and so that citizens of the
highest quality may be attracted to public service. To effectuate this policy, the
Arlington citizens’ commission on salaries of elected officials (“citizens’ commission”) is
hereby created consisting of five members with duties and responsibilities as set forth
below.
ORDINANCE NO. 2015-XXX 2
2.89.020 Duties. The citizens’ commission shall study the relationship of salaries
and per diem reimbursement for each elected position. Except as provided otherwise
below, the citizens’ commission shall be solely responsible for its own organization,
operation, and action and shall enjoy the fullest cooperation of all elected officials,
departments and agencies of the city of Arlington.
2.89.030 Eligibility. The citizens’ commission shall consist of five members, all
of whom must be at least 21 years of age, registered to vote, and maintain personal
residence within the boundaries of the city of Arlington. No city of Arlington official, or
public employee, or any immediate family member of any official or employee shall be
eligible for membership on the citizens’ commission. As used in this section, the phrase
“immediate family” means parents, spouse, siblings, children, or dependent relatives of
the official or employee, whether or not they are living in the same household.
2.89.040 Appointment. Five initial members of the citizens’ commission shall be
appointed by the Mayor with the consent of the City Council. Citizens shall be invited
to apply for positions on the citizens’ commission and the Mayor shall appoint a
committee of the Council who shall conduct interviews in the same manner as
appointments for all city positions and make recommendations to the Council as a whole,
who shall make final recommendations regarding appointments to the Mayor, who shall
make the final appointment subject to the consent of the Council as required by RCW
35.21.015 . The members of the commission shall serve three-year terms beginning on
May 1 and ending on April 30, except that the initial five members shall be appointed for
different terms as follows: (a) one member for a period of approximately three years and
three months to end on April 30, 2018; (b) two members for a period of approximately
two years and three months to end on April 30, 2017 ; and (c) two of members to serve
for periods of approximately one year and three months to end on April 30, 2016. No
person may serve more than two consecutive terms. Members of the commission may
be removed by the mayor, with the approval of the council, only for cause of incapacity,
incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of
eligibility. The unexcused absence of any member of the commission from two
consecutive meetings of the commission shall constitute relinquishment of that person’s
membership on the commission. Such relinquishment creates a vacancy in that person’s
position on the commission. Upon a vacancy in any position on the commission, a
successor shall be selected and appointed to fill the unexpired term. The selection and
appointment shall be concluded within sixty (60) days of the date that position becomes
vacant and shall be conducted in the same manner as originally provided for that person’s
appointment.
2.89.050 Operation. The members of the commission shall elect a chair from
among their number. The commission shall prepare a recommended schedule of salaries
by an affirmative vote of not less than three members of the commission. Members of the
commission shall receive no compensation for their services.
ORDINANCE NO. 2015-XXX 3
2.89.060 Salary schedule recommendation. The commission shall file its
schedules of recommended salaries and per diem reimbursement for elected officials of
the city with the city clerk no later than the first Monday in May of each odd-numbered
year. The schedule may include the effective date for any changes in salaries and per
diem reimbursement, provided that said changes shall not apply retroactively, and further
provided that any recommended salary decreases shall only become effective at the
commencement of subsequent terms of office as required by RCW 35.21.015(5). The
signature of the chair of the commission shall be affixed to each schedule submitted to
the city clerk. The chair shall certify that the schedule has been adopted in accordance
with the provisions of this chapter and with the rules, if any, of the commission. Such
schedules shall become effective and incorporated into the City budget without further
action of the City Council in accordance with state law.
2.89.070 Open meetings. All meetings, actions, hearings, and business of the
commission shall be subject to the Open Public Meetings Act as set forth in Chapter
42.30 RCW. Prior to the filing of any salary schedule, the commission shall hold no
fewer than one regularly advertised public hearing thereon within the two months
immediately preceding the filing of its recommendation.
Section 2. 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 pre-empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 3. Effective Date. The title of this ordinance which summarizes the
contents 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.
PASSED BY THE CITY COUNCIL at a Regular Meeting thereof on the ______
day of ______________________, 2015.
CITY OF ARLINGTON, WASHINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
ORDINANCE NO. 2015-XXX 4
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney