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HomeMy WebLinkAbout08-11-08 Council Workshop Arlington City Council Workshop August 11, 2008 - 7 PM City Council Chambers 110 E. Third CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN 1. Beth Hill Trail Coalition “Bridge of Flowers” presentation 2. ILA for Vehicle Maintenance ATTACHMENT A 3. Prothman ~ Police Search 4. Amendments to Prosecutor Contract ATTACHMENT B 5. Cemetery Rules and Regulations ATTACHMENT C 6. Bid Results for East 1st Street Sewer Extension Presented at the meeting 7. Update on the 67th Medians 8. Contract for telecom consultant ATTACHMENT D 9. Timber Sale Bid ATTACHMENT E 10. City Hall Roof Repair Presented at the meeting ADJOURNMENT SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT A COUNCIL MEETING DATE: August 11, 2008 SUBJECT: Renewal of the Interlocal Agreement for Vehicle Maintenance with Snohomish County DEPARTMENT OF ORIGIN: POLICE Contact: Terry Quintrall, Acting Police Chief, 403-3400 ATTACHMENTS: Proposed Amendment to Fee Structure EXPENDITURES REQUESTED: An additional $15,000 may be needed for this line item in 2009 budget BUDGET CATEGORY: Vehicle Repair & Maintenance LEGAL REVIEW: DESCRIPTION: This is the annual renewal of the Interlocal Agreement that allows the Police Department vehicles to be maintained, repaired, and new equipment installed by the County’s Fleet Maintenance Division. This agreement’s pricing structured has these increases: Labor Rate from $61.88 to 84.70 per hour and parts mark up is cost plus 48% HISTORY: Since 2002, the Police Department has used this service to for its entire fleet. Now, most of the work is done at the County’s Arlington Shop. The county provides this service to the Sheriff’s Office and seven other city police departments. Their staff is experts on police vehicles and the city receives excellent service at a price that is lower than the retail market. This has benefited the city in that most police vehicles are lasting longer than normally projected. The reason for the price increase is an internal restructuring of the distribution of expenses within the county plus new collective bargaining agreements. This is a 22% increase and because the current budget line item is on-track for the expenses under the old agreement. This line item will likely be exceeded under the new agreement by $15,000 for this year. COMMITTEE REVIEW AND ACTION: The Public Safety Chair will be reviewing this before the scheduled council meeting ALTERNATIVES: Find another service delivery system to maintain the police vehicle fleet. RECOMMENDED ACTION: Scheduled for Council vote on August 18, 2008. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT B COUNCIL MEETING DATE: August 11, 2008 SUBJECT: Proposed amendment to the City’s contract with Zachor & Thomas for prosecuting services DEPARTMENT OF ORIGIN: Executive / Police Contact: Kristin Banfield, 360-403-3444 or Terry Quintrall, 360-403-3400 ATTACHMENTS: - Letter from Zachor & Thomas outlining proposed amendments to the City’s contract - Proposed amendments EXPENDITURES REQUESTED: $12,000 for the remainder of 2008 BUDGET CATEGORY: Current Expense – Criminal Justice LEGAL REVIEW: City Attorney has reviewed the proposed amendments DESCRIPTION: Due to increased cases from the City of Arlington, the City’s prosecutor, Zachor & Thomas, is requesting amendments to our current contract to provide the additional prosecuting services. In April 2008, an additional motions calendar was added by Marysville Municipal Court due to increased case load. In July 2008, an additional pre-trial calendar was added. Zachor & Thomas is requesting an increase in the retainer fee from $5,000 per month to $7,000 per month and increasing the hourly rate for additional services other than the outlined calendars in the contract from $95 per hour to $125 per hour. These rates have remained unchanged since our original contract with Zachor & Thomas, except for the annual cost of living increase. HISTORY: The City has contracted with Zachor & Thomas for prosecuting services since the City began contracting with Marysville Municipal Court. The City’s current contract with Zachor & Thomas expires in 2009. ALTERNATIVES: RECOMMENDED ACTION: Council is asked to review the proposed amendments to the current contract with Zachor & Thomas for prosecutor services. Zachor & Thomas, Inc., P.S. Prosecuting Attorney Sunset Building 23607- Highway 99, Suite 3D H. James Zachor, Jr. Edmonds, WA 98026 Melanie S. Thomas Dane Tel 425-778-2429 / FAX 425-778-6925 Joseph D. Everett e-mail melanie@zachorthomas.com From the Desk of Jessica C. Munk e-mail jim@zachorthomas.com Melanie S. Thomas Dane James M. Zachor, Rule 9 June 24, 2008 To: Steve Peiffle Interim Chief Re: Fee Proposal increase to City Prosecutor contract Our contract with the City for Prosecution Services us currently in effect until December 2009. Under the terms of our current contract, the City provides prosecution services to the city for all court mandated court appearances. In May of 2007, that included arraignments on Tuesday mornings, two pre-trials per a month, one bench trial/motions/contested hearings calendar per month, one jury day per month, and one jury confirmation date per month. Starting in July 2008, the court is adding to its calendar another Arlington pre-trial calendar once a month on Tuesday afternoon. In addition, the court added in April 2008 an additional motions calendar (Monday afternoon) which follows the Monday morning bench trial and contested infractions calendar. Our office has not billed for this new court date. While our office recognizes the need for additional court time, the court dates that were added are not yet contracted for under our current agreement. The new calendars require at least one, and in most cases, two prosecutors from our office to prepare and appear on those calendars. As expected, the increase in caseload drives the size of our calendars and creates a need for additional court time to effectively process cases. We anticipate that the new pre-trial calendar will average 4 hours of court time per appearance for two attorneys, not counting legal assistant time or attorney preparation time. In addition, the motions calendar averages approximately three hours of court time per appearance, again not including preparation time. Our office is requesting an amendment to our current contract with respect to paragraphs 4.1, 5.1, 5.2, 5.5, and 6.1. Please see the attached contract for our proposed changes. Given the new pre-trial calendar begins July 2008, we look forward to the new contract rate taking effect July 2008. As always, our office continues to strive to provide the best possible legal service to the City of Arlington. Should you have any questions or concerns regarding the proposed fee change, please contact either Jim Zachor or Melanie Thomas Dane. Very Truly Yours, Melanie Thomas Dane Zachor & Thomas, Inc., P.S. Prosecuting Attorney 1 CONTRACT FOR LEGAL SERVICES - 1 (Prosecuting Attorney for the City of Arlington) CONTRACT FOR LEGAL SERVICES (Prosecuting Attorney for the City of Arlington) I. PARTIES THIS AGREEMENT is entered into this _____ day of __________________, 20087, by and between the CITY OF ARLINGTON, A Municipal Corporation of the State of Washington, (hereinafter referred to as “City”), and the law office of ZACHOR & THOMAS, Inc., P.S., a Personal Services Corporation of the State of Washington (hereinafter referred to as “Prosecuting Attorney”). II. SERVICES OF THE PROSECUTING ATTORNEY 2.1 Primary Services. The Prosecuting Attorney shall serve at the pleasure of the City under the direction of the Mayor and/or City Council. The principals of the Prosecuting Attorney are H. James Zachor, Jr. and Melanie S. Thomas Dane, duly licensed in the State of Washington as Attorneys at Law. Under the supervision of the Prosecuting Attorney, other attorneys may provide assistance to the Prosecuting Attorney as may be necessary. If the Prosecuting Attorney is unable to continue to provide services as required, Prosecuting Attorney shall provide advance notice so that the City may seek another prosecuting attorney. 2.2 Conflict Services. In the event of a conflict with the Prosecuting Attorney of a case requiring a “conflict prosecutor”, it shall be the responsibility of the Prosecuting Attorney to provide such substitute coverage, with a properly licensed State of Washington attorney. However, if such conflict is due to a conflict with the City, the expense of a “conflict prosecutor” shall be the responsibility of the City. III. QUALITY OF SERVICES 3.1 Ethical Coverage. Prosecuting Attorney shall perform legal services as set forth hereafter in a capable and efficient manner, and in accordance with the professional and ethical standards of the Washington State Bar Association. 3.2 Disciplinary Action. In the event the Prosecuting Attorney is the subject of any disciplinary proceeding by the Washington State Bar Association, Prosecuting Attorney shall notify the City in writing of the pendency of said disciplinary proceeding. The City may, in it discretion, make its own inquiry concerning the said disciplinary proceeding and may, in its judgment, terminate this agreement on not less than thirty (30) days notice. IV. SERVICES PROVIDED 4.1 Services. The Prosecuting Attorney shall represent the City as its prosecuting attorney in the prosecution of criminal and criminal traffic matters (gross misdemeanors and misdemeanors). The Prosecuting Attorney shall also represent the City in contested civil infractions where defense counsel is present, and other miscellaneous civil hearings conducted at CONTRACT FOR LEGAL SERVICES - 2 (Prosecuting Attorney for the City of Arlington) the Municipal Court ( ex: impound hearings). The Prosecuting Attorney shall have at least one prosecutor in court for the required hearings, and when case volume requires, shall provide the assistance of two prosecutors. The duties of the prosecuting attorney shall include: • Appearances at arraignment calendars currently scehduledscheduled to be every Tuesday morning, , two three (32) pre-trial hearings per month, one (1) bench and motions contested calendar per month which include civil traffic and criminal reviews, one (1) motions calendar per month, one (1) jury calendar per month, and one (1) jury confirmation calendar per month; • The review and signing of citations and complaints as required; • The review of police incident reports and supporting documents for charging; • The review and preparation of all cases prior to court which includes requesting 911 tapes, CCDR’s, photos, follow-up reports, contacting witnesses, drafting subpoenas, preparing complaints and jury instructions, and drafting plea offers; • Correspondence with the police department including but not limited to telephone conversations, meetings and negotiations with the police department and its officers, victims, defendants, witnesses and opposing counsel as required; and, • Preparation of documents required by the Court such as providing discovery, motions and supporting documents; • Communication with the court and court staff regarding calendars and case setting; • Correspondence with the public defenders office and defense counsel regarding case dispositions, • Requesting police reports from other agencies. • Requesting certified copies of a judgment and sentence; • Review of search warrants; and • The City, through its police department and such other departments, shall provide that support necessary to assist in the prosecution of criminal matters, including but not limited to the providing and forwarding of copies of all police reports and relevant documents in a timely manner and service of subpoenas as requested. Any requests for Prosecuting Attorney services not regularly scheduled shall be promptly relayed by the City and/or the court. 4.2 Additional Services. In addition, the Prosecuting Attorney shall provide the following services: • Be available to the City of Arlington Police Department regarding matters affecting criminal prosecution; • Provide periodic training of City police officers and employees on legal matters affecting the satisfactory prosecution of criminal matters; • Make recommendations to the Police Chief and/or City Attorney concerning suggested amendments, modifications or additions to City ordinances affecting the satisfactory prosecution of criminal matters; • Provide periodic feedback to the Police Chief regarding the performance of City police officers in the discharge of their duties and other matters of mutual concern. CONTRACT FOR LEGAL SERVICES - 3 (Prosecuting Attorney for the City of Arlington) V. FEES AND COSTS 5.1 Retainer. As compensation for the services to be rendered by the Prosecuting Attorney, the City agrees to pay to the Prosecuting Attorney a monthly retainer in the sum of $75,000.00 per month, as long as the Court utilized for prosecution is located in Marysville, Washington. If the Court location for prosecution of the City criminal matters is moved from Marysville to the City of Arlington or such other location, then the monthly retainer shall be renegotiated by the parties, to be effective the month of the new court appearance. 5.2 Additional Compensation. If the City should require the services of the Prosecuting Attorney other than those services set forth hereinabove, the Prosecuting Attorney shall invoice the City at the rate of $1295.00 per hour. This includes RALJ appeals, drug/felony forfeitures, and legal services for representation in the District Courts and Superior Courts, and additional calendars added by the court, which have not been contracted for, but are necessary for the Cities prosecution. Legal services for representation in the Appellate Courts of the State of Washington or Federal Courts shall be negotiated separate from this Agreement. 5.3 Expenses. The City shall reimburse the Prosecuting Attorney for any reasonable out-of-pocket expenses that may be required in the performance of its duties as Prosecuting Attorney on behalf of the City. Expenses of jury preparation, exhibits, witnesses, (including SMD) and interpreters, and transcription costs shall be the sole responsibility of the City. 5.4 Payment Terms. Fees and costs are due from the City upon billings by the Prosecuting Attorney. A service charge shall accrue at the rate of 12% per annum (1% per month) and be added to any balance remaining unpaid sixty (60) days after the statement date. 5.5 Fee Review: The schedule of fees provided for in paragraph 5.1 shall be reviewed annually by the City Council. Changes in fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the Mayoral budget. Increases in such fee and cost structure, if any, shall be considered by the City Council as a part of its budget process. Such changes, if any, to the fee structure and the budget process approved by the City Council shall, upon acceptance by the Prosecutor, be made a part of this Agreement. If no proposals to the fee retainer are made, each year the Prosecutor shall receive an annual cost of living increase at the rate equal to the current CPI %` for the calendar year for non-union employees, not to be less thanof 53% annually. VI. CONTRACT PERIOD 6.1 Term. This amended contract shall take effect on the 1st day of MayJuly, 20087, and shall continue in effect until the 31st day of December, 2009. 6.2 Renewal. The Prosecuting Attorney shall submit a proposed contract commencing for the calendar year 2010 on or before the 1st day of September, 2009 It is anticipated that negotiations for renewal of this contract will take place prior to the expiration of 2009; provided, however, that if no negotiations shall occur, this contract shall be renewed automatically for one calendar year subject to the same terms and conditions set forth herein, provided that there is no written opposition from either party. The City also retains the right to solicit other proposals for the Prosecuting Attorney at anytime. 6.3 Termination. This contract may be terminated by the City or the Prosecuting Attorney upon ninety (90) days advance written notice in the event that it shall be determined CONTRACT FOR LEGAL SERVICES - 4 (Prosecuting Attorney for the City of Arlington) that the quality of legal services provided by the Prosecuting Attorney and/or the support by the City does not meet the requirements set forth herein. VII. COLLECTION COSTS 7.1 In the event a party breaches this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs associated with enforcing their rights herein. The parties acknowledge that venue shall be in the Snohomish County Superior Court. VIII. INSURANCE AND HOLD HARMLESS 8.1 Liability Insurance. During the life of this contract, the Prosecuting Attorney shall maintain professional liability and malpractice insurance that shall provide coverage for anyone acting for or on behalf of the Prosecuting Attorney in the performance of this contract, unless the acting attorney carries his or her own policy consistence with the Prosecuting Attorney. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington and shall have minimum policy limits of ONE MILLION DOLLARS ($1,000.000.00). 8.2 Acting Within Scope. To the extent provided by law and irrespective of any insurance required of the Contractor, the Contractor shall defend and indemnify the City from any and all claims arising out of or in any way relating to this Agreement; provided, however, requirements of this paragraph shall not apply to that portion of such Claim that reflects the percentage of negligence of the City compared to the total negligence of all persons, firms, or corporations that resulted in the Claim. 8.3 Conduct of City. Nothing herein shall be interpreted to require the Prosecuting Attorney to indemnify the City, its officers, agents or employees from loss, claim or liability arising from negligent, wrongful or tortious conduct of the City, its officers, agents or employees. 8.4 Conduct of Prosecuting Attorney. Nothing herein shall be interpreted to require the City to indemnify the Prosecuting Attorney, its officers, agents or employees from loss, claim or liability arising from negligent, wrongful or tortuous conduct of the Prosecuting Attorney, its officers, agents or employees. IX. AFFIRMATIVE ACTION 9.1 Non-Discrimination in Employment. During the performance of this Contract, the Prosecuting Attorney shall comply with the Washington “Law Against Discrimination” and should any part of the performance contemplated hereunder be financed by federal funds, the Prosecuting Attorney shall comply with all applicable federal laws against discrimination in employment. Satisfactory performance of this clause by the Prosecuting Attorney shall include but not be limited to the following: During the performance of this contract, Prosecuting Attorney shall not discriminate against any employee or applicant for CONTRACT FOR LEGAL SERVICES - 5 (Prosecuting Attorney for the City of Arlington) employment because of race, color, religion, sex, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap. Performance shall include, but not be limited to: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other form of compensation, and programs for training including apprenticeships, unless such distinctions are based upon a bona fide occupational qualification. X. NOTICES 10.1 Notices. That if any notice is required or desired to be given under this contract, such shall be deemed given if such is sent in writing by certified mail to his/her office, in the case of the Prosecuting Attorney, or to the Office of the Mayor, in the case of the City. 10.2 Entire Contract This contract contains the entire understanding of the parties. It may be changed only by an agreement in writing signed by the party against whom enforcement of any waiver, change or modification, extension or discharge is sought. IN WITNESS WHEREOF the parties have executed this Agreement on the ____ day of __________, 20087. THE CITY OF ARLINGTON, a Washington Municipality _______________________________________________ Margaret Larson, Mayor ZACHOR & THOMAS, Inc., P.S. _______________________________________________ H. James Zachor, Jr., President ATTEST/AUTHENTICATED: __________________________________ City Clerk, Content read, noted and approved: __________________________________ Steven J. Peiffle, WSBA#14704 Attorney for the City of Arlington City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT C COUNCIL MEETING DATE: August 11, 2008 Workshop SUBJECT: Cemetery Rules and Regulations DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: • Draft Resolution • Final Draft of Rules and Regulations EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has reviewed all documents DESCRIPTION: The Arlington Cemetery Board is recommending the attached Rules and Regulations for the Arlington Municipal Cemetery for adoption by the City Council. HISTORY: The Arlington Cemetery Board is currently working with staff on the development of a Business Plan for the Arlington Municipal Cemetery. One element of this plan was the implementation of a revised fee schedule which was approved by Council and became effective on July 1, 2008. Another element is the adoption of Rules and Regulations regarding physical operations and practices at the Cemetery. ALTERNATIVES: No action at this time. RECOMMENDED ACTION: Discussion Only – no action at this time. RESOLUTION NO. 775 1 RESOLUTION NO. 775 A RESOLUTION OF THE CITY OF ARLINGTON, WA ADOPTING REVISED CEMETERY RULES AND REGULATIONS WHEREAS, the City of Arlington has adopted rules and regulations for the administration of the Arlington Cemetery; and WHEREAS, the City wishes to update those regulations; NOW, THEREFORE, BE IT RESOLVED by the City of Arlington, Washington as follows: 1. That the Arlington Municipal Cemetery Rules and Regulations dated July 2008, attached hereto as Exhibit “A”, shall be and hereby are adopted for the Arlington Municipal Cemetery. ADOPTED this _________ day of ________________, 2008. CITY OF ARLINGTON _________________________________ Margaret Larson, Mayor ATTEST: _____________________ Kathy Peterson, City Clerk Approved as to Form: _________________________ Steven J. Peiffle, City Attorney ARLINGTON MUNICIPAL CEMETERY RULES AND REGULATIONS 1. Rules and regulations – Purpose – Amendments 1.1 The rules and regulations set out herein are made only for the benefit of the grave owners and are designed to limit their rights insofar as such limitations are for the benefit of all. If the rules and regulations are not made, the exercise by certain persons, of what would seem to be their proper rights, would interfere with the rights and enjoyment of others, as well as destroy the general scheme and beauty of the property. No rule has been adopted except as is necessary to preserve the rights of all for whom the City considers itself the trustee. 1.2 The City may, and hereby expressly reserves the right, at any time or times, to adopt new rules and regulations, or to amend, alter, or repeal any rule, regulation or article, section, paragraph or sentence in these rules and regulations. Any such change in rules and regulations shall be binding upon all parties without notice. Copies may be had upon application to the city clerk. 2. Definitions 2.1 “Burial” means the disposition of human remains by earthen burial in a grave. 2.2 “Cemetery” means the burial ground commonly known as Arlington Municipal Cemetery, including, without limitations: A. All land dedicated, reserved or used for interment of the remains of human dead. B. All vegetation therein. C. All graves, mausoleums, crypts, columbaria, niches or other interment spaces therein. D. All works of art therein. E. All roads, walkways and other structures of every kind therein. F. All equipment and facilities incidental to the operation of Arlington Municipal Cemetery. 2.3 “City” means the City of Arlington. 2.4 “Columbarium” means a structure or other space containing niches for permanent inurnment of cremated remains. 2.5 “Committal” means the part of a funeral service, which commits the remains of the deceased to their final resting place. 2.6 “Companion graves” means two single graves side by side or of one double depth grave. 2.7 “Cremated remains,” means a human body after cremation in a crematory. 2.8 “Crypt” means a space in a mausoleum of sufficient size, used or intended to be used, to entomb uncremated human remains. 2.9 “Endowment care” means cutting of the lawns on the graves and other lawn areas, pruning shrubs and trees within the cemetery at reasonable intervals, and the general maintenance of the cemetery including building roads, fences, etc., in so far as the net income derived from the endowment care fund will permit. The Cemetery Rules & Regulations 7/16/2008 2 term “endowment care” shall not include any of the following: Cleaning, maintenance, repair or replacement of any memorial placed or erected upon plots; hand trimming around memorials; planting of flowers or ornamental plants; maintenance or doing of any special or unusual work in the cemetery; reconstruction of any marble, granite, bronze or concrete work in the Cemetery, or of any buildings or structures, to restore or repair damage. The City may use income received from an endowment care fund for the above purposes if in its judgment it is advisable to do so. 2.10 “Entombment” means the placement of human remains in a crypt either above or belowground. 2.11 “Funeral” means a memorial service for a deceased person. 2.12 “Grave” means a space of land in a cemetery used or intended to be used for the burial of human remains. 2.13 “Grave owner” or “owner” means any person in whose name an interment plot stands of record as owner, in the records of the Cemetery at Arlington City Hall. 2.14 “Human remains” or “remains” means the body of a deceased person, and includes the body in any stage of decomposition except cremated remains. 2.15 “Interment” means the (a) burial, (b) entombment or (c) inurnment of human remains. 2.16 “Inurnment” means placing of cremated remains in an urn in a grave, crypt, or niche. 2.17 “Mausoleum” means a structure or building for the entombment of human remains in crypts in a place used, or intended to be used, for cemetery purposes. 2.18 “Memorial” means (a) a monument, tombstone, grave marker, tablet or headstone identifying a grave or graves or (b) a nameplate or inscription identifying a crypt or niche to preserve remembrance. 2.19 “Niche” means a space in a columbarium used or intended to be used for the inurnment of cremated human remains. 2.20 “Plot” means a grave, niche or crypt. 2.21 “Vault” or “Liner” means any container that is buried in the ground and into which human remains are place in the burial process. 3. Cemetery Operations 3.1 Cemetery Hours. Visiting hours during which the Cemetery grounds are open are from 8:00 a.m. to 8:00 p.m. or dusk (whichever is earlier) daily and normal burial hours shall be limited during weekdays to the hours of 9:00 a.m. to 3:00 p.m. Any burial performed after these hours will be charged an additional overtime fee. 3.2 Authority of Cemetery Staff. The Cemetery staff is/are empowered to enforce all rules and regulations and to exclude from the Cemetery any person violating the same. Cemetery staff is responsible for the grounds and buildings. All persons in the Cemetery, including those attending funerals, employees, plot owners and visitors shall comply with this code and directions of City staff. 3.3.1 Trimming and pruning trees and shrubs. No one except authorized city personnel shall prune, trim, or remove any part of trees or shrubs in the Cemetery. The City shall have the right to enter upon the grave and prune, trim or remove any part of trees or shrubs that become detrimental, dangerous or objectionable to adjacent graves, walks or avenues. 3.4 Application of Fertilizers, Pesticides, and Herbicides. Application of fertilizers, pesticides, and herbicides by the public maintaining gravesites on Cemetery property is strictly prohibited. 3.5 Access ways and rights-of way. The cemetery shall have an adequate access road leading to and from the cemetery property on the public road and shall be so situated that there shall not be created any traffic congestion or hazard. The City Engineer shall be satisfied that property so selected shall not impede any potential rights-of-way, public or private. 4. Regulations regarding Conduct within the Cemetery 4.1 Admission to Cemetery. Visitors and the public are invited to utilize the Cemetery in a manner consistent with its purpose as a place of interment and as a memorial, subject to the following: A. Children are not permitted on the premises unless in the company of a responsible adult and they shall be supervised at all times, unless prior written authorization from the City has been obtained. B. The headstones and monuments on the premises shall not be handled, climbed upon or otherwise mistreated. C. No one shall move, repair, or otherwise alter any monument or headstone without written consent of the City. D. No one shall deface or otherwise damage any monument or headstone. E. Pets must be on a leash at all times. Animals are not allowed to defecate in any part of the Cemetery, pet owners will be held liable for all clean up expenses. 4.2. Vehicles. All vehicles must be kept under control at all times. No vehicle shall be driven in any part of the Cemetery except on the driveways laid out for that purpose. Vehicles shall not be driven in the Cemetery at a speed exceeding 10 miles per hour. 4.3 Conduct rules. It is of utmost importance that there be strict observance of all rules at all times and City employees are authorized and directed to prevent improper assemblies or activities. 4.3.1 Loud talking and distracting activities will be avoided within hearing distance of a funeral service. 4.3.2 Littering including wilted or dead flowers and any other refuse is prohibited on drives, paths, or any grounds or in any building. 4.3.3 It is forbidden to pluck any flower, break any branch or remove any tree or plant, nor shall anyone write upon, deface, or damage any memorial, fence or other structures within the Cemetery. Cemetery Rules & Regulations 7/16/2008 4 4.3.4 No person will be permitted to peddle flowers or plants or to solicit the sale of any commodity within the Cemetery. 5 Regulations regarding Graves, Niches and Crypts within the Cemetery 5.1 Endowed care required. No graves, niches, or crypts will be sold in the Arlington Cemetery without endowed care. 5.2 Signs. No signs, notices or advertisements of any kind shall be allowed in the Cemetery, unless placed by the City. 5.3 Interments per individual grave. Only four cremated remains or one casket and three cremated remains per single grave allowed without written consent by Cemetery staff. The interment of two full body burials will only be allowed in areas designated for double depth burials. No interment other than that of human being will be permitted. 5.4 Outer burial container. 5.4.1 Every earth interment shall be enclosed in a concrete two-piece grave box, concrete vault or other unit of suitable material approved by Cemetery staff. 5.4.2 Cemetery staff or an approved supplier with suitable equipment and ability to perform shall perform the installation of these outer containers. All supplier installations will be under the direction of Cemetery Staff. 5.4.3 Liners used shall be sold solely by the City of Arlington. 5.5 Opening the casket. Once a casket containing remains is within the boundaries of the Cemetery, the City reserves the right to refuse permission to all persons to open the casket or to touch the remains. Viewing of the remains during a graveside service will be done only with a funeral director present. All other cases are subject to the consent of Cemetery staff and the legal representative of the deceased or a court order. 5.6 Burial or transit permit. No interment will be permitted without the proper burial permit as required by the County health authorities. A copy of the burial or transit permit or other acceptable documents must accompany cremated remains to the Cemetery to certify identity of the cremated remains. 5.7 Individual decorations 5.7.1 Cut flowers and Bouquets. Cut flowers and bouquets are allowed year round. Cut flowers and bouquets will be removed from graves as soon as they become wilted or unsightly. 5.7.2 Artificial flowers and Decorations. Artificial flowers, potted plants and other decorations such as, but not limited to, plant stands/holders, flags, banners, wind chimes, toys, figurines, and statues must be less than 24 inches in height and eighteen inches wide and made of non breakable material which can be easily moved. Items made of glass or other breakable materials are prohibited. Materials such as, but not limited to, wood chips, glass beads, gravel, or stones, may not be used on plots. Decorations will be limited to three (3) items per grave beginning two (2) weeks after a burial. The City shall have authority to remove and dispose of decorations of any kind from the cemetery when, in the judgment of the cemetery staff, they become unsightly, dangerous, detrimental or when they do not conform to the standards maintained by the City. The City shall not be liable for lost, misplaced or broken items. The city reserves the right to regulate the method of decoration of plots so that staff safety and the uniform beauty of the Cemetery may be maintained. Artificial flowers are allowed only from November 1 through March 31st, subject to the following exceptions: A. New Burials: all flowers, plants, easels and decorations will be allowed to remain for 72 hours following a new burial. Persons wishing to retain any of the items must remove them within 72 hours after interment. B. Holidays: all decorations shall be removed within two weeks after all holidays. 5.7.3 Floral Regulation. No planting is permitted on any plot. Temporary planters no larger than fourteen inches in diameter or eighteen inches long made of lightweight (easily moveable), non-breakable material are allowed on plots. Planters, which exceed the size requirement, are made of breakable material, or cannot be easily moved, are not allowed on plots. Glass containers are prohibited. The City shall have authority to remove all floral designs, flowers, trees, shrubs, plants or herbage of any kind, from the cemetery when in its judgment of the cemetery staff they become unsightly, dangerous, detrimental or diseased or when they do not conform to the standards maintained by the City. The city shall not be liable for lost, misplaced or broken flower vases. The City reserves the right to regulate the method of decorating plots so that a uniform beauty may be maintained. Artificial flowers are not permitted in the mausoleums or columbarium. Artificial flowers are not allowed on graves during the mowing season of April 1 to October 31. 5.7.4 Picking flowers, breaking or injuring trees or shrubs or in any way defacing any monument or headstone is prohibited and subject to severe penalty according to state law. 5.7.5 The Cemetery Advisory Board shall have the right to make exceptions from the foregoing rules when deemed advisable. Such exceptions shall not be considered as rescinding or waiving any of these rules. Any waiver that may be made by the Board shall not be or considered a continuing waiver and shall not bar the City or Board from enforcing the usual rules and regulations at any later time if it may be desired so to do. 5.7.6 If anything is placed on a grave that is deemed improper, it will be removed. 5.8 Monuments, headstones, markers. Cemetery Rules & Regulations 7/16/2008 6 5.8.1 The Cemetery will make available for purchase monuments, headstones, and markers. Marker setting fees must be paid prior to the setting. Markers must be set flush with the surface of the ground, except in areas designated for upright monuments. Where monuments, headstones or markers are placed upon any grave, no removal of the same will be permitted to be made under the claim that they are not paid for or other pretense, without the written authority of the cemetery staff. Grave owners must maintain or replace any grave markers or monumental structures erected upon the grave. One marker per burial with a maximum of four markers per grave or companion graves will be allowed. 5.8.2 All headstones or monuments not purchased from an approved vendor must be approved by the Cemetery Board prior to installation. 5.8.3 Cemetery staff or an approved vendor must set all headstones or monuments. Cemetery staff will be present and supervise all settings. 5.8.4 All permanent vases must be installed at the head of the grave space and be installed within a foundation of either granite or concrete. Vase installations for additional headstones/monuments placed below the head of the grave space will not be permitted. 5.8.5 No more than four markers per grave space will be allowed including a veterans marker. The marker at the head of the grave is restricted to no more than 48” for a single marker, or 60” wide for a companion. Subsequent markers will be no larger 32” x 20”. Requests for exceptions to these policies shall be brought before the Cemetery Advisory Board for approval. 5.9 Memorial benches, dedications, memorials and donations. All requests for memorial benches, dedications, memorials, donations, etc., will be submitted to the Cemetery Advisory board for approval. 6. Regulations regarding interment and service arrangements 6.1 Funerals, interments and committals. Funerals, interments and committals within the Cemetery will be under the control of the Cemetery staff or appropriate authority. All graves shall be opened and closed by employees of the Cemetery or an approved supplier. Charges for interments shall be recommended by the Advisory Board and approved by the City Council, exclusive of special services requested by the family or necessary because of special circumstances. All Cemetery charges must be paid prior to interment. 6.2 Notice of interments. Whenever interments are to be made, previous notice of at least 48 hours must be given in order that the grave may be properly prepared. 6.3 Arrangements for funerals and interments. 6.3.1 Office Appearance. Family of the deceased, or friends, in the absence of family, taking responsibility for the funeral arrangements, shall come to the Cemetery office in order to authorize the interment, make necessary arrangements, and payment thereof. 6.3.2 No Telephone Calls. The City shall not be responsible for any order given by telephone or for any error arising from the want of precise and proper instructions as to the particular grave, crypt or niche location where interment is desired. 6.3.3 Liability of Signer. Any person signing the authorization for interment of remains warrants any fact set forth in the authorization, the identity of the person whose remains are sought to be interred and his/her authority to order the interment. He/she is personally liable for all damage occasioned by or resulting from breach of such warranty. 6.4 Reservation of grave space. Persons may reserve a grave space, niche or crypt (pre-need only) for 30 days. If full payment is not made within 30 days, the City will not continue to hold the space. 6.5 Funerals, burials and committals – Days allowed. Except in cases of emergency declared by the mayor, funerals, burials and committals are not allowed on Sunday or holidays. The City Council, upon recommendation by the Cemetery Board, may at its discretion make an additional charge for Saturday or recognized City holiday funerals, burials or committals. Services held on Saturday, or City recognized holidays must be scheduled 48 hours in advance. No services will be scheduled on the Saturday, Sunday, or Monday of Memorial Weekend. 6.6 Interment locations. Burials will be allowed only in previously designated, plotted lots. Burials in alleyways between lots will not be allowed except with approval from cemetery staff. 7. Removals and disinterments 7.1 Cemetery Policy. Remains once interred in Arlington Cemetery are considered permanently disposed of and removal from one grave to another within the Cemetery, or removal from Arlington Cemetery to any other Cemetery is strongly discouraged. 7.2 Procedure for Disinterments. The following shall be required by the City prior to any disinterment of remains: 7.2.1 Signed affidavit(s) of all nearest of kin approving the disinterment or removal. 7.2.2 Signed approval of the lot holder or their lawful representative. 7.2.3 Disinterment permit from the Washington State Department of Health for removal from Arlington Cemetery. 7.2.4 The desired lot must be selected, all charges for disinterment and reinterment, together with all other charges due, must be paid in full. 7.3 Removal Permit. Remains removed from other cemeteries and brought to Arlington Cemetery for reinterment must be accompanied by the proper papers as prescribed by law. Cemetery Rules & Regulations 7/16/2008 8 7.4 Liability. The City will exercise utmost care in making a disinterment, but assumes no liability for damage to any casket, vault, liner, grave box, or any other burial case in making the removal or disinterment. 7.5 Outer Case Replacement. When, in the opinion of the City, a new outer burial container is needed, at the time of reinterment following a disinterment, the person arranging for the removal, through the Cemetery, must provide it. 7.6 Prior Notice. At least one week’s prior notice is required for any disinterment or removal, after the rules and regulations have been complied with. 7.7 Removal for Profit Prohibited. Removal, by the heirs, of any remains so that the lot may be sold for profit, is absolutely forbidden. 8. Ownership rights. 8.1 Rights attaching to graves. All graves in the Arlington Cemetery will be sold with endowed care without additional charge and are conveyed by Certificate of Use for burial purpose only. They are exempt from taxation and cannot be sold for debt or mortgaged. 8.2 Right of Interment. The purchaser of a lot or lots is granted or conveyed only the right of interment of human remains and the right of installation of a memorial on each lot. The owner of the right of interment does not possess a fee interest or any other interest in the land itself. 8.3 Titles and Rights to Cemetery Plots. Title and rights to cemetery plots shall be governed by chapter 68.32 RCW, now and hereafter amended. 8.4 Grade. The grade of all lots is established when the ground is surveyed and no change by the grave owner will be allowed. 9. Regulations limiting liability of the City 9.1 Remedy in event of error. The City reserves the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the Cemetery staff, by refunding the amount of money paid on account of said purchase. In the event the error involves the interment of the remains of any person in such property, the staff reserves, and shall have the right to remove and re-inter the remains to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The City shall correct any errors made by placing an improper inscription, including an incorrect name or date on a memorial sold by the City. 9.2 Delays. The City shall not be liable for any delay in the fulfillment of any of its contracts or legal obligations, including, but not limited to, maintenance, care, memorial work or construction which may arise from causes beyond its reasonable control and, especially, from delays caused by the elements, thieves, vandals, strikes, malicious mischief matters, unavoidable accidents, or other circumstances beyond the control of the City. 9.3 Delay of interment. The City will in no way be liable for any delay in the interment of the remains when: 9.3.1 A written protest to the interment has been filed at Arlington City Hall. 9.3.2 Rules and regulations have not been complied with. 9.3.3 Instructions regarding the location of a lot or plot cannot be obtained or are indefinite, or when for any reason the interment space cannot be opened where specified. 10. Cemetery Advisory Board; Membership, Term and Duties 10.1 The Cemetery Advisory Board shall consist of five members, appointed by the Mayor with the consent of the City Council. All members shall reside within the Urban Growth Boundary of Arlington. 10.2 Board members shall serve a term of four years, commencing on April 1 and ending on March 31. Terms of office shall be staggered so that not more that three terms will expire in the same year. 10.3 The Board shall serve as advisory to the Mayor and City Council with respect to long range planning for the development and expansion of the Arlington Cemetery. Its duties shall include, but not be limited to: 10.3.1 Advising the Mayor and City Council on policy matters related to the long range planning, capital improvements, fee structure, cemetery expansion, rules and regulations, and budget of the Cemetery. 10.3.2 The Board shall not have the authority to enter into any contract, incur any indebtedness, or take any personal action unless specifically authorized by the Mayor and City Council. 10.3.3 Soliciting or receiving on behalf of the City Council, any gifts or bequest of money for Cemetery purposes; however, any gifts of real or personal property will not be accepted without prior approval of the City Council. 10.3.4 Sending their recommendations and requests to the City Council to be placed on the regular Council Agenda for consideration. All actions taken by the Board will be ratified by the City Council in the normal manner, prior to said action being taken. 10.3.5 Review Cemetery fees at least annually and recommending any needed changes to the Mayor and City Council. 10.4 The Board shall elect a Chairperson and Vice-Chairperson from their members during the month of May. Both officers shall serve terms of two years. The Chairperson shall preside at all meetings and the Vice-Chairperson shall preside if Cemetery Rules & Regulations 7/16/2008 10 the Chairperson is absent. The City will provide staff support for the Board, including a secretary. 10.5.1 A meeting of the Board shall be held at least four times a year, and additional meetings may be called when necessary. 11. Miscellaneous regulations 11.1 Nonlimitation. In all matters not specifically covered by these general rules and restrictions, the City reserves the right to do anything which in its judgment is deemed reasonable in the Cemetery, and such determination shall be binding upon lot holders and all parties concerned. 11.2 Disposition of unused or abandoned lots. 11.2.1 Abandoned Lots. To preserve the active nature of the Cemetery, any interment space will be deemed abandoned if there is no recorded activity on the lot for a period of 60 years. Any lot deemed abandoned may be reclaimed by the Cemetery, in accordance with State Law, and disposed of as the Cemetery sees fit. 11.2.2 Disposition of Unused Lots. Should a lot holder of unused interment space no longer need the lot in the Cemetery they may sell the lot back to the Cemetery at the original purchase price. 11.3 Miscellaneous provisions. The City and its assigns shall have full power and authority to adopt such additional rules and regulations as it may deem advisable for the management, preservation, care and use of the Cemetery, and shall have full power and authority from time to time to enlarge, restrict, amend, abrogate or change any rules and regulations, and all such rules and regulations shall be binding upon grave owners and upon all other persons, firms and corporations concerned. 12. Fees and Charges The schedule of prices of all lots, blocks, crypts, niches or parcels of land in the platted portion of the Cemetery property and prices for opening and closing graves, grave liners, perpetual care, setting of markers, memorials and all other services, shall be fixed and adopted by resolution of the City Council and filed in the office of the City Clerk. Said schedule of prices may be changed or altered by like resolution of the City Council from time to time as in its judgment may be necessary or proper. No lots, tracts, or grave spaces, niches or crypts shall be sold or disposed of, for less than the price named in such schedule that may be in force at the time of such sale or disposal. City of Arlington Council Agenda Bill AGENDA ITEM: Contract for Telecom consultant COUNCIL MEETING DATE: August 11, 2008 SUBJECT: Approval of Contract for Consultant on telephone systems selection and implementation DEPARTMENT OF ORIGIN: CONTACT: Bryan Terry, IT 403-4610 ATTACHMENTS: 1. Professional Services Contract and Fee Schedule EXPENDITURES REQUESTED: Not to exceed $35,000 BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has reviewed the proposed contract DESCRIPTION: The City Council is being asked to approve the contract to bring onboard the consultant to help select and implement the new City wide telephone system. The IT Manager brought before you this proposal on the May 19th City Council meeting, and was approved. The City selected COMGroup from Kirkland Washington to be the consultant of choice. This will also be brought before Council at the August 18th meeting. HISTORY: Replacing the City’s financial management software and telephone systems have been identified in departmental work plans as goals for 2009 (software) and 2011 (telephone). Because of the age of current phone system and construction of the new fire station staff is recommending that City proceed with replacement of the telephone system and delay new software until later. The current phone system (over ten years old) would require an additional switch to connect the fire station which is putting money into old technology. ALTERNATIVES: 1. Table for additional review 2. Delay and look at with 2009 budget process 3. Do nothing RECOMMENDED ACTION:. Authorize the Mayor to sign the contract with COMGroup Inc. to help select and implement a new Citywide telephone system. Concnslt98 AGREEMENT FOR SERVICES THIS AGREEMENT is entered into the date last below written between the City of Arlington, Washington (“City”) and COMGROUP Inc. (“Contractor”). 1.0 SERVICES BY CONTRACTOR 1.1 Contractor shall perform the services described in the Scope of Work attached hereto as Attachment A. 2.0 PAYMENT 2.1 City shall pay Contractor for such services: (check one)  Hourly: $ per hour, plus actual expenses, but not more than a total of $ .  Fixed Sum: A total amount of $ . X Other: An hourly fee plus reimbursement of expenses per the schedule attached as Attachment B, but not to exceed $35,000 for all work performed and expenses incurred in performance of this contract. 2.2 If required, Contractor shall maintain time and expense records and provide them to the City monthly, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. 2.3 All invoices shall be paid by mailing a City warrant within 30 days of receipt of a proper invoice. 2.4 Contractor shall keep cost records and accounts pertaining to this Agreement available for inspection by the City representatives for three (3) years after final payment. Copies shall be made available on request. 2.5 If the services rendered do not meet the requirements of the Agreement, Contractor will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the agreement. 3.0 DISCRIMINATION AND COMPLIANCE WITH LAWS 3.1 Contractor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this agreement because of race, creed, color, national origin, marital status, sex, age, physical or other motor handicap, or other circumstance prohibited by federal, state or local law or ordinance, except for a bona fide occupational qualification. 3.2 Contractor shall comply with all Federal, State and local laws and ordinances applicable to the work to be done under this agreement. Agreement for Services Page 2 ConCnslt98 3.3 Violation of this Paragraph 3 shall be a material breach of this Agreement and grounds for cancellation, termination or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 4.0 TERM AND TERMINATION OF AGREEMENT 4.1 This agreement shall remain in effect until completion of the services described in Attachment A and final payment therefore. 4.2 This Agreement may be terminated by either party without cause upon thirty days written notice, in which event all finished or unfinished documents, reports, or other material or work of Contractor pursuant to this Agreement shall be submitted to City, and Contractor shall be entitled to just and equitable compensation at the rate set forth in Paragraph 2 for any satisfactory work completed prior to the date of termination. 5.0 OWNERSHIP OF WORK PRODUCT 5.1 All data, materials, reports, memoranda and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. City agrees that if it uses products prepared by Contractor for purposes other than this intended in this Agreement, it does so at its sole risk and it agrees to hold Contractor harmless therefore. 6.0 GENERAL ADMINISTRATION AND MANAGEMENT 6.1 The Director of the Information Services Department of the City of Arlington or his/her designee, shall be City’s representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Agreement. The Director’s Designee shall be: Bryan Terry 7.0 HOLD HARMLESS 7.1 Contractor shall protect, defend, indemnify and save harmless City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of Contractor, its officers, employees and agents in performing this Agreement. 7.2 City shall protect, defend, indemnify, and save harmless Contractor, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of City, its officers, employees and agents in performing this Agreement. Agreement for Services Page 3 ConCnslt98 8.0 INSURANCE 8.1 Contractor shall procure and maintain, for the duration of this Agreement, insurance against claims for the injuries to persons or damages to property which may arise from or in connection with the performance of the work thereunder by the Contractor, his agent, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. 8.2 Minimum Limits of Insurance Contractor shall maintain limits no less than: a. Commercial General Liability: $1,000,000 per occurrence for injury and $2,000,000 General Aggregate. b. Automobile Liability: $1,000,000 combined single limit per accident, covering owned and non-owned vehicles. c. Worker's Compensation coverage as required by the Worker's Compensation Act of the State of Washington. d. Consultant’s errors or omissions or professional liability applying to all professional activities performed under this contract: $1,000,000 per claim and $1,000,000 policy aggregate limit. 8.3 The Policies are to contain, and be endorsed to contain the following provisions: a. General Liability 1. The City, its officials, employees and volunteers are to be covered as additional insured as respect to liability arising out of activities performed by or on behalf of the Contractor. 2. Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of all policies shall not affect the coverage provided to the City, its officials, employees or volunteers. b. All Coverage Each insurance policy required by this clause shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 8.4 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:XIII, or with an insurer acceptable to the City. 8.5 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certification for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by Agreement for Services Page 4 ConCnslt98 the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 8.6 Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein. 9.0 SUBLETTING OR ASSIGNING CONTRACT 9.1 Neither City nor Contractor shall assign, transfer, or encumber any rights, duties or interests accruing from this Agreement without express prior written consent of the other. 10.0 FUTURE SUPPORT 10.1 City makes no commitment and assumes no obligation for the support of contractor’s activities except as set forth in this Agreement. 11.0 INDEPENDENT CONTRACTOR 11.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor. 12.0 EXTENT OF AGREEMENT/MODIFICATION 12.1 This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and superseded all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of 20 . CONTRACTOR CITY OF ARLINGTON By: By: Name: Title: Agreement for Services Page 5 ConCnslt98 ATTACHMENT A 1.1 PROJECT SCOPE OF WORK The project will be broken into tasks. Some tasks may take place concurrently. Consultants may recommend that tasks take place in slightly different order. Each task requires acceptance by City. At conclusion of each task, relevant project documents must be provided to the City electronically in acceptable document formats. 1.1.1 TASK I– PROJECT INFORMATION GATHERING AND PRELIMINARY PLANNING Project initiation: Meet with sponsors and key technical personnel to develop clear understanding of project goals and objectives. Determine estimated project budget. Identify data needs for the project in advance of the initial meeting, and work with staff to assign responsibility for gathering information if necessary. Review project time lines. Meet with key staff to gather and review existing data. May need to gather data onsite as there is limited documentation of current system. Review technical documentation, operating budget and billing information, discuss VOIP systems feasibility and assessment processes. Develop specific plan of action for subsequent project tasks. At conclusion of this task, consultants and project team members should have clear mutual understanding of project goals. Detailed project tasks should be identified. Substantial amount of City information should be provided to consultant. 1.1.2 TASK II– PROJECT KICKOFF WITH DEPARTMENT REPRESENTATIVES Provide introduction and education session to project team and department representatives. Meeting should provide an overview of the telecommunications market, description of potential value to the City, clarification of data gathering processes, identification of project risks, etc. Education process should provide discussion about features, functionality that could be expected of more modern phone systems. Consultants will be asked to make a one-hour presentation to Department Head team during the initial project phases. At conclusion of this task, department representatives should have general understanding of the project steps; have general understanding of their role in gathering data and identifying department goals and requirements. 1.1.3 TASK III– DETAIL DATA GATHERING Consultants to work with technical personnel to review systems in place, review systems configuration and/or wiring and data facilities, assess network performance, etc. Proponents may recommend that this task take place in slightly different order. Proponents may assign data gathering to IT representatives. Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Agreement for Services Page 6 ConCnslt98 Proponents may recommend visit to all sites and facilities. Consultants should request that IT staff gather data and information rather than consultants, wherever possible. At the conclusion of Tasks III & IV, consultants will have sufficient information to develop phone number plan and develop acquisition strategy, and will have substantial information to be used in bid/purchase processes. 1.1.4 TASK IV – DEPARTMENT EDUCATION AND NEEDS IDENTIFICATION Meet with all departments to discuss unique business needs and preferences of department leadership. Meetings should include department representatives, department management staff or other requested participants, and at least one member of core project team from IS Department. As proponents develop timeline for this task, consider the following: • Police department – allow extra time to gain understanding of current stand alone phone operation and how to integrate with new system, review potential impacts/benefits of 4-Digit dialing requirements, and gain particular understanding of unique department requirements. • Use of VoIP systems over slow links- as many of our sites are on point-to-point T1 circuits. • Fire Department - discuss existing systems and sites, review plans for new fire station. • Cemetery – Integration of phone system with only a Cable Internet VPN connection to network. • Information Technology –Discuss billing options for department charge-backs. At the conclusion of Tasks III & IV, consultants will have sufficient information to develop phone number plan and develop acquisition strategy, and will have sufficient information to be used in bid/purchase processes. 1.1.5 TASK V– PHONE NUMBERING PLAN / E911 INTEGRATION The City of Arlington has a solid numbering plan in place, and would like to see this stay the same. Work with department representatives as needed. Implementation of E911/Reverse E911 database or services is critical in the scope of this telephone integration. Identify short-term and longer term operating costs associated with services. At conclusion of Task V, a clear plan E911/Reverse E911 and related services is established. 1.1.6 TASK VI – ACQUISITION STRATEGY Information resulting from data gathering should be assembled in such a way that acquisition strategy for phone systems can be developed. Key information includes • Identification of common functional requirements • Identification of unique requirements for some City departments or work areas • Strategy and approach for major sites and for small sites • Recommendation regarding vendor/platforms to consider further. Based on city requirements, existing infrastructure, and resources, identify a short list of vendor solutions that should be considered further. Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Agreement for Services Page 7 ConCnslt98 In consultation with IS regarding City purchasing requirements, research and identify existing contracts or vehicles for short-list vendor solutions. If not done earlier, recommend approach for smaller sites in terms of systems replacement, services changes, etc. Identify product review/demonstrations that would facilitate decision-making. Provide overview of selected solutions and options to core project team and recommendations to expanded project team. Overview should include discussion of pros and cons for short-listed vendors, initial sense of whether or not specific add-ons would be beneficial, and purchasing approach recommended (for project team) and adopted (when presenting to expanded project team). At conclusion of Task VI, short list of recommended solutions should be identified. Purchasing options including ability to purchase from eligible contracts should be identified. Final project scope in terms of equipment replacement and services transitions should be clear. 1.1.7 TASK VII - ACQUISITION Prepare equipment specifications and equipment lists for short-listed vendors. Identify degree of redundancy and site locations for system components. Identify network switch upgrades needed and purchasing strategy for switch equipment. Gather quotes and pricing as needed based on purchasing strategy adopted. Identify cost of purchase and implementation of systems for short-listed vendors. The City would like to see the purchase procured from the WSCA (Western States Contracting Alliance), KCDA (King County Directors Association), or GSA (U.S. General Services Administration) contracts. If an existing contract is not identified for short-list solutions, prepare equipment specifications for equipment and installation quote. Review submitted bids. Provide summary project cost information and recommendation to project team. Based on all information received, determine vendor solution for the City. Order equipment. Consultants may be asked to make a one-hour presentation to Department Head team during the acquisition/implementation phases of the project. Consultants may be asked to make one or two additional presentations to elected officials. At the conclusion of Task VII, the vendor solution will be identified. Acquisition will be in process. 1.1.8 TASK VIII – IMPLEMENTATION Develop Implementation Plan based on all previous activities. Development of this plan is likely to overlap acquisition efforts. Implementation Plan should include order of implementation events, including phone services transitions. Implementation plan will include all phases of equipment receipt and installation, clear delineation of Contractor vs. City responsibilities, training of technical personnel, installation of equipment, training of end-users, and cutover. The project steering committee must sign off on the implementation plan. Formatted: Bullets and Numbering Formatted: Bullets and Numbering Agreement for Services Page 8 ConCnslt98 1.1.9 ADDITIONAL TASKS NOT CALLED OUT BY THE CITY Should consultants identify additional tasks or actions not identified in the scope of work, consultants are requested to identify recommended or optional tasks in an “Additional Tasks” section of the proposal. Formatted: Bullets and Numbering Agreement for Services Page 9 ConCnslt98 ATTACHMENT B Task Task Name Hours Hours Fees Fees Average Bill Rate per hour LOW HIGH LOW HIGH LOW HIGH I & II Information Gathering Preliminary Plan & Project Kick Off 16 20 $2,320 $3,100    145 155  III & IV Detailed Data Gathering, Education, & Needs Identification 30 36 $4,050 $5,040    135 140  Part of IV Optional VOIP Readiness / Network Assessment 16 20 $2,480 $3,200    155 160  V Phone Numbering Plan and Services Plan 6 12 $930 $1,920    155 160  VI & VII Acquisition Strategy & Acquisition 48 74 $7,440 $12,210    155 165  VIII Implementation Project Management 40 65 $5,400 $9,100    135 140  Totals 156 227 $22,620 $34,570          Possible Breakdown by Title  $185 Principal Consultant 16 50 $2,960 $9,250  $165 Senior Consultant 16 32 $2,640 $5,280  $145 Consultant 76 95 $11,020 $13,775  $125 Associate Consultant 48 50 $6,000 $6,250  156 227 $22,620 $34,555  Expenses/Reimbursable:  COMgroup will request reimbursement for mileage from Kirkland to meetings in Arlington at  IRS Standard rates.    Reimbursables expenses will not exceed $ 400 unless approved, in advance, by City officials.  City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT D COUNCIL MEETING DATE: August 11, 2008 SUBJECT: Airport Timber Sale #20 DEPARTMENT OF ORIGIN: Airport ATTACHMENTS: Site Plan EXPENDITURES REQUESTED: $28,253.40 BUDGET CATEGORY: Airport Improvement Fund LEGAL REVIEW: Yes DESCRIPTION: The airport timber sale consists of two areas; the future firehall site and some timber along Airport Blvd. Part of the project prospectus included stump removal on the firehall site. The site along Airport Blvd was logged approximately 20- years ago and only the marketable trees will be removed from this area. HISTORY: This is the 20th timber sale on the airport. The firehall project was the catalysis for doing another sale at this time. The timber was cruised and timber marked by Professional Forestry Inc. who then prepared the prospectus. . The project was put out for bid mid-July with bids due August 4, 2008. Two companies bid on the project; Carlson Logging & Excavating Inc and Northern Land Management. Both companies submitted identical amounts for the timber, $41.76 per ton, but Carlson Logging submitted $6,200 per acre for clearing versus Northern Land Management who submiteed a price of $6,400 per acre. The estimated revenue for the project is $45,000. The prospectus called for a minimum of 4.2 acres of clearing which comes out to $28,253 w/tax. Leaving a balance of approximately $11,000 after Professional Forestry Inc’s fees. ALTERNATIVES: Approve staff’s recommendation with modifications Table Deny RECOMMENDED ACTION: No action is requested at this time.