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Home My WebLink About01-06-25 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Don Vanney PLEDGE OF ALLEGIANCE ROLL CALL Mayor Don Vanney – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Presentation to former City Attorney Steve Peiffle for 35 years of service. Mayor Don Vanney PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Michele Blythe 1. Minutes of the December 16, 2024 Council Meeting ATTACHMENT A 2. Accounts Payable ATTACHMENT B PUBLIC HEARING EXECUTIVE SESSION To review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)] Mayor Don Vanney / City Attorney Oskar Rey RECONVENE NEW BUSINESS 1.Contract Approval with Arlington Police Officers Association (APOA)ATTACHMENT C Staff Presentation: Shawn Friang Council Liaison: Yvonne Gallardo-Van Ornam Arlington City Council Meeting Monday, January 6, 2025 at 6:00 pm City Council Chambers – 110 E 3rd Street 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 711 (TDD only) prior to the meeting date if special accommodations are required. 2. Professional Services Agreement with Pacific Northwest Support Services ATTACHMENT D Staff Presentation: Paul Ellis Council Liaison: Leisha Nobach 3. Professional Services Agreement with Bridge Coordination Services ATTACHMENT E Staff Presentation: Paul Ellis Council Liaison: Heather Logan 4. Interlocal Agreement with Snohomish County Regional Task Force ATTACHMENT F Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Michele Blythe 5. Permit Fee Waiver Request for Event Canopy ATTACHMENT G Staff Presentation: Paul Ellis Council Liaison: Debora Nelson 6.Policy Updates to Employee Handbook ATTACHMENT H Staff Presentation: Shawn Friang Council Liaison: Rob Toyer COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT ADJOURNMENT Mayor Pro Tem Michele Blythe / Mayor Don Vanney DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Monday, December 16, 2024 Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe Leisha Nobach, and Jan Schuette. Council Members Absent: Yvonne Gallardo-Van Ornam, excused. Staff Present: Mayor Don Vanney, Paul Ellis, Kristin Garcia, Amy Rusko, Jonathan Ventura, Chelsea Brewer, City Attorney Steve Peiffle, and Julie Petersen. Also Known to be Present: Kathy Vanney, Steve Maisch, Holly Sloan-Buchanan, Oskar Rey, Emily Romanenko, Nathan Senff, Neil Knutson, Matt Dimond, Aly Kleinman, Britt Kleinman, Megan O’Brien, Mary Levesque, Randy Nobach, Tim Abrahamson, Sean Morgan, Heather Watland, Arnold Morgan, and others. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Leisha Nobach seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS City Attorney Steve Peiffle provided an overview of his 35 years of service to the City of Arlington, and introduced Oskar Rey and Emily Romanenko of Ogden Murphy Law Firm who will serve as the new City Attorney. Mr. Rey and Ms. Romanenko described the services they will provide to the City of Arlington. PROCLAMATIONS None. PUBLIC COMMENT Matt Dimond from Arlington made comments regarding the Post Middle School Levy. Aly Kleinman from Arlington made comments regarding the Post Middle School Levy. Britt Kleinman from Arlington made comments regarding the Post Middle School Levy. Megan O’Brien from Arlington made comments regarding the Post Middle School Levy. Mary Levesque from Arlington made comments regarding the Post Middle School Levy. City Council Meeting Minutes of the City of Arlington City Council Meeting December 16, 2024 Page 2 of 3 CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the December 2 and December 9, 2024 Council meetings 2. Accounts Payable: Approval of Petty Cash Check #2041; EFT Payments and Claims Checks #112195 through #112280 dated November 19 through December 2 for $2,516,473.60, and Approval of Payroll EFT Payments and Check #30407 through #30412 dated November 1, 2024 through November 30, 2024 in the amount of $1,549,476.72. 3. Washington State Department of Transportation (WSDOT) Right-of-Way Procedures PUBLIC HEARING Ordinance Amending the 2024 Budget Finance Director Kristin Garcia presented the amended changes to the 2024 Budget. The public hearing was opened at 6:39 p.m. With no one wishing to speak, the public comment portion closed and opened for Council questions at 6:39 p.m. The public hearing closed at 6:39 p.m. Mayor Pro Tem Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to approve the ordinance amending the 2024 budget section of the 2023/2024 biennial budget for the City of Arlington and authorized the Mayor to sign the ordinance. The motion passed unanimously. Amendments to Fee Resolution Community and Economic Development Deputy Director Amy Rusko reviewed the updates to the fee resolution. The public hearing was opened at 6:44 p.m. With no one wishing to speak, the public comment portion closed and opened for Council questions at 6:44 p.m. The public hearing closed at 6:45 p.m. Mayor Pro Tem Michele Blythe moved, and Councilmember Heather Logan seconded the motion to approve the amendments proposed in the fee resolution as presented and authorize the Mayor to sign the resolution. The motion passed unanimously. NEW BUSINESS Engagement Letter for Legal Services City Attorney Steve Peiffle requested the City Council approve the Engagement Letter with Ogden Murphy Law Firm for city legal services following Mr. Peiffle’s retirement of’ 35 years to the citizen’s and staff of Arlington through Bailey, Duskin, Peiffle & Martin, PS Law Firm. Minutes of the City of Arlington City Council Meeting December 16, 2024 Page 3 of 3 The City issued a request for proposals (RFP) for legal services after learning the existing City Attorney intended to retire as City Attorney. Four responses were received by the City Clerk from qualified law firms. Two of the firms were selected by City Administrator Paul Ellis and the Mayor Don Vanney for further review. A panel comprised of Mayor Don Vanney, Mayor Pro Tem Michele Blythe, City Administrator Paul Ellis, City Clerk Wendy Van Der Meersche, and City Attorney Steve Peiffle met with two firms who provided presentations. Ogden Murphy Wallace of Seattle, which is a 13-attorney law firm that provides legal services to approximately 30 cities and towns, was selected as the preferred firm. The firm will have two lawyers working with the City; Oskar Rey will be the principal City Attorney with Emily Romanenko as Deputy City Attorney. Mayor Pro Tem Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to approve the Engagement Letter with Ogden Murphy Wallace and authorized the Mayor to sign, subject to final review by the current City Attorney. The motion passed unanimously with Councilmember Jan Schuette abstaining. COMMENTS FROM COUNCILMEMBERS Councilmember Jan Schuette announced that Microtransit starts tomorrow, December 17, 2024, in Arlington. She stated that she will be delivering brochures to the senior living establishments in the area. Councilmember Heather Logan stated that Sid Logan received his Microtransit letter in the mail today. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis stated the business for the year has been completed and there is no need for City Council workshop on Monday, December 23, 2024, and wished everyone a happy holidays. MAYOR’S REPORT Mayor Vanney had nothing to report and wished everyone a happy holidays. EXECUTIVE SESSION City Attorney Steve Peiffle announced the need for an executive session to discuss the collective bargaining negotiations [RCW 42.30.140(4)] for 15 minutes. Mr. Peiffle stated he is not asking for any action to be taken after the executive session. Mayor Vanney dismissed Council at 6:48 p.m. Council returned and reconvened at 7:03 p.m. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:03 p.m. _________________________________________ Don E. Vanney, Mayor City of Arlington Council Agenda Bill CA #2 Attachment January 6, 2025 Accounts Payable Claims Approval Claims Approval Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: City of Arlington January 6th, 2025 Council Meeting Claims Certification: We, the undersigned City Council of the City of Arlington, Washington do hereby certify that the merchandise or services hereinafter specified have been received and that: Approval of Petty Cash Check #2042; EFT Payments and Claims Checks #112281 through #112391 dated December 3rd through December 16th for $2,046,580.32 City of Arlington Council Agenda Bill Item: NB #1 Attachment C COUNCIL MEETING DATE: January 6, 2025 SUBJECT: Arlington Police Officers Association Collective Bargaining Agreement 2025-2026 ATTACHMENTS: None. DEPARTMENT OF ORIGIN Human Resources; Shawn Friang, Director EXPENDITURES REQUESTED: Budgeted BUDGET CATEGORY: 2025-26 Budget BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: The City and the Arlington Police Officers Association negotiated a successor collective bargaining agreement to be effective January 1, 2025, through December 31, 2026. Changes to Collective Bargaining Agreement includes some housekeeping and language updates, in addition to a market adjustment to salaries and benefits. The final version of the collective bargaining agreement is being drafted now and will be distributed with an executive summary prior to the meeting January 6. HISTORY: Negotiations started in April 2024 and concluded in December 2024. Meetings and discussions were collaborative and fruitful. The teams met monthly working through issues and progressing through the contract requests from both sides. The latest collective Bargaining Agreement expired December 31, 2024. The proposed agreement will take effect January 1, 2025. ALTERNATIVES: Direction from Council to return to the bargaining table to work towards another version of the contract. RECOMMENDED MOTION: I move to approve the Arlington Police Officers’ Association 2025-2026 Collective Bargaining Agreement and authorize the Mayor to sign the agreement. City of Arlington Council Agenda Bill NB #2 Attachment January 6, 2025 Professional Services Agreement with Pacific Northwest Support Services for Chaplain and Peer Support Services. 2025/2026 Professional Services Agreement with Pacific Northwest Support Services for Chaplain and Peer Support Services. Police; Jonathan Ventura, Chief EXPENDITURES REQUESTED: $10,000.00 - 2025 / $10,000.00 - 2026 BUDGET CATEGORY: Pacific Northwest Support Services (Chaplain) BUDGET AMMOUNT: $10,000.00 - 2025 / $10,000.00 - 2026 LEGAL REVIEW: DESCRIPTION: families, and the community during crises, fostering well-being and resilience. Additionally, they provide peer support, confidential assistance, and guidance to officers, leveraging shared experiences to address stress, mental health, and personal challenges and promoting a healthy work environment. The City of Arlington has maintained a Chaplain program since 2005 and a partnership with Pacific Northwest Support Services Since 2024. ALTERNATIVES: authorize the Mayor to sign it, pending legal review. City of Arlington Council Agenda Bill NB #3 Attachment January 6, 2025 Professional Services Agreement with Bridge Coordination Services, LLC, for Domestic Violence Coordination Services 2025 Professional Services Agreement with Bridge Coordination Services, LLC, for Domestic Violence Coordination Services Police; Jonathan Ventura, Chief EXPENDITURES REQUESTED: $82,550.00 BUDGET CATEGORY: Domestic Violence Coordinator BUDGET AMMOUNT: $82,550.00 LEGAL REVIEW: DESCRIPTION: for Domestic Violence Coordinator Services provided through the assignment of a Domestic Violence Coordinator to the Arlington Police Department on a part-time basis. The Domestic Violence Coordinator is responsible for the coordination of violence related cases between the victim, the Police Department, the Prosecuting Attorney’s Office, and courts of jurisdiction. The City of Arlington has maintained a partnership Bridge Coordination Services, LLC for Domestic Violence Services since 2018. ALTERNATIVES: authorize the Mayor to sign it pending legal review. PERSONAL/PROFESSIONAL SERVICES AGREEMENT Project Name________________________________________ Project No__________ THIS AGREEMENT, is made and entered into in duplicate this _____ day of ______________, 202_, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" and ___________________________, hereinafter referred to as the "SERVICE PROVIDER". NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties hereto agree as follows: 1.SCOPE OF SERVICES The SERVICE PROVIDER shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, as are identified and designated as SERVICE PROVIDER responsibilities throughout this Agreement and as detailed in Exhibit "A" attached hereto and incorporated herein (the "Project"). 2.TERM The Project shall begin on ______________ , 202 , and shall be completed no later than ________________, 202 unless sooner terminated according to the provisions herein. Agreement may be extended upon written agreement by both parties. 3.CONTACT WITH CITY EMPLOYEES During the term of this Agreement, the SERVICE PROVIDER shall interact only with the following authorized CITY employees or agents, and with no other CITY employees absent written authorization to do so: 4.COMPENSATION AND METHOD OF PAYMENT 4.1 Payments for services provided hereunder shall be made following the performance of such services, unless otherwise permitted by law and approved in writing by the CITY. 4.2 No payment shall be made for any service rendered by the SERVICE PROVIDER except for services identified and set forth in this Agreement. 4.3 The CITY shall pay the SERVICE PROVIDER for work performed under this Agreement as follows: Page 1 of 12 rev 4/2024 4.3.1 SERVICE PROVIDER shall submit monthly invoices detailing work performed and expenses for which reimbursement is sought. 4.3.2 CITY shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 4.4 CITY shall pay SERVICE PROVIDER for such services: (check one) Hourly: $__________ per hour, plus actual expenses, but not to exceed a total of $______________ without an amendment to the contract. Hourly billing shall be no smaller than fifteen (15) minutes; Fixed Sum: A total amount of $ _____________, including tax if applicable Other: _________________________________________________________ for all work performed and expenses incurred under this Agreement. 4.5 CITY reserves the right to withhold payment under this Agreement which is determined, in the reasonable judgment of the City Administrator or his/her designee to be noncompliant with this Agreement, the Scope of Services attached hereto, City standards, or city, state or federal law. 5.REPRESENTATIONS CITY has relied upon the qualifications of SERVICE PROVIDER in entering into this Agreement. By execution of this Agreement, SERVICE PROVIDER represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all applicable current laws, rules and regulations which reasonably relate to this Agreement. 6.STANDARD OF CARE SERVICE PROVIDER shall exercise the degree of skill and diligence normally employed by SERVICE PROVIDERs engaged in the same profession and performing the same or similar services at the time such services are performed. SERVICE PROVIDER will be responsible for the technical accuracy of its services and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies therein. SERVICE PROVIDER agrees to correct any deficiencies discovered without additional compensation, except to the extent such deficiencies are directly attributable to deficiencies or omissions in City-furnished information. 7.REPORTS AND INSPECTIONS 7.1 The SERVICE PROVIDER at such times and in such forms as the CITY may require, shall furnish to the CITY such statements, records, reports, data, and information as the CITY may request pertaining to matters covered by this Agreement. Page 2 of 12 rev 4/2024 7.2 The SERVICE PROVIDER shall at any time during normal business hours and as often as the CITY or State Auditor may deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the CITY or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The CITY shall receive a copy of all audit reports made by the agency or firm as to the SERVICE PROVIDER's activities. The CITY may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the SERVICE PROVIDER's activities which relate, directly or indirectly, to this Agreement. 8.INDEPENDENT CONTRACTOR RELATIONSHIP The parties intend that an independent contractor relationship will be created by this Agreement. The CITY is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the SERVICE PROVIDER. SERVICE PROVIDER shall not be deemed to be an employee, agent, servant or representative of the CITY for any purpose, and the SERVICE PROVIDER is not entitled to any of the benefits the CITY provides for its employees. The SERVICE PROVIDER will be solely and entirely responsible for his/her acts during the performance of this Agreement. 9.HOLD HARMLESS/INDEMNIFICATION 9.1 SERVICE PROVIDER shall, at its sole expense, defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, actions, suits, liability, loss, or costs including attorney fees, caused by the wrongful or negligent acts, errors or omissions of the SERVICE PROVIDER or the SERVICE PROVIDER’s agents, employees or subcontractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY or the CITY’s agents or employees. 9.2 SERVICE PROVIDER’s duty to indemnify and hold the CITY harmless against liability for damages arising out of or caused by the concurrent negligence of CITY or CITY’s employees or agents and SERVICE PROVIDER or SERVICE PROVIDER’s employees or agents shall apply only to the extent of the negligence or wrongdoing of SERVICE PROVIDER and SERVICE PROVIDER’s employees or agents. 9.3 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the SERVICE PROVIDER and the CITY, its officers, officials, employees, and volunteers, the SERVICE PROVIDER's liability, including the duty and cost to defend, hereunder shall be only to the extent of the SERVICE PROVIDER’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the SERVICE PROVIDER’s waiver of Page 3 of 12 rev 4/2024 immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. SERVICE PROVIDER certifies, by signing this Agreement, that this indemnification provision was mutually negotiated. The provisions of this section shall survive the expiration or termination of this Agreement. 9.4 No liability shall attach to the CITY by reason of entering into this Agreement except as expressly provided herein. 10.INSURANCE The SERVICE PROVIDER shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the SERVICE PROVIDER, its agents, representatives, or employees. 10.1 Insurance Term. The SERVICE PROVIDER shall procure and maintain insurance, as required in this Section, without interruption from commencement of the SERVICE PROVIDER’s work through the term of this Agreement and for thirty (30) days after the completion date, unless otherwise indicated herein. 10.2 No Limitation. The SERVICE PROVIDER’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the SERVICE PROVIDER to the coverage provided by such insurance, or otherwise limit the CITY’s recourse to any remedy available at law or in equity. 10.3 Minimum Scope of Insurance. SERVICE PROVIDER shall obtain insurance of the types described below: 10.3.1 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. 10.3.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. 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 an additional insured endorsement at least as broad as ISO CG 20 26. 10.3.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Page 4 of 12 rev 4/2024 10.3.4 Professional Liability insurance appropriate to the PROFESSIONAL’s profession, if applicable. 10.4 Minimum Amounts of Insurance. SERVICE PROVIDER shall maintain the following insurance limits: 10.4.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 10.4.2 Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. 10.4.3 If applicable, Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. 10.5 Other Insurance Provisions. The SERVICE PROVIDER’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the CITY. Any Insurance, self-insurance, or self-insured pool coverage maintained by the CITY shall be excess of the SERVICE PROVIDER’s insurance and shall not contribute with it. 10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 10.7 Verification of Coverage. SERVICE PROVIDER 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. 10.8 Subcontractors’ Insurance. The SERVICE PROVIDER shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the SERVICE PROVIDER-provided insurance as set forth herein, except the SERVICE PROVIDER shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. The SERVICE PROVIDER shall ensure that the CITY is an additional insured on each and every subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 10.9 Notice of Cancellation. SERVICE PROVIDER shall provide the CITY with written notice of any policy cancellation within two business days of their receipt of such notice. Page 5 of 12 rev 4/2024 10.10 Failure to Maintain Insurance. Failure on the part of the SERVICE PROVIDER to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to the SERVICE PROVIDER to correct the breach, immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the SERVICE PROVIDER from the CITY. 10.11 City Full Availability of Professional Limits. If the SERVICE PROVIDER maintains higher insurance limits than the minimums shown above, the CITY shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the SERVICE PROVIDER, irrespective of whether such limits maintained by the SERVICE PROVIDER are greater than those required by this Agreement or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the SERVICE PROVIDER. 11.OWNERSHIP OF ASSETS Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY shall become the owner of the work product and other documents, if any, prepared by the SERVICE PROVIDER pursuant to this Agreement. 12.COMPLIANCE WITH LAWS 12.1 The SERVICE PROVIDER, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, prevailing wage if applicable to comply with every provision of Chapter 39.12 of the Revised Code of Washington and any other standards or criteria as described in this Agreement to assure quality of services. 12.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 12.3 The SERVICE PROVIDER shall, prior to performing services under this agreement, obtain a city business license as required by AMC 5.28.050. 12.4 If the SERVICE PROVIDER maintains a professional license through the State of Washington, SERVICE PROVIDER shall maintain said license as require by the State of Washington. Should SERVICE PROVIDERs professional license be revoked or suspended, SERVICE PROVIDER shall immediately cease services and shall notify the CITY in writing of the same. Page 6 of 12 rev 4/2024 12.5 If applicable, the SERVICE PROVIDER agrees that before it undertakes performance of the Contract, it will file with the City a Performance and Payment Bond in the full amount of the Contract price, executed by itself as a principal and one or more surety companies authorized to do business in the State of Washington as surety, in a form acceptable to the City. SERVICE PROVIDER agrees to comply with all other applicable federal laws and regulations governing the provision of professional services on federally funded projects, including but not limited to the Federal Acquisition Regulation (FAR), 48 CFR , Competition in Contracting Act (CICA), Brooks Act, Federal Acquisition Streamlining Act (FASA), Service Contract Act (SCA), Anti-Kickback Act, False Claims Act (FCA), and any agency-specific regulations applicable to the project. SERVICE PROVIDER further agrees to adhere to ethical standards and guidelines set forth by the contracting agency and to refrain from engaging in any conduct that would violate federal law or compromise the integrity of the procurement process. SERVICE PROVIDER acknowledges that failure to comply with these requirements may result in termination of the contract and/or other remedies available to the contracting agency, including but not limited to suspension or debarment from future government contracts. 13. COMPLIANCE WITH APPLICABLE FEDERAL LAWS AND REGULATIONS 14.NONDISCRIMINATION 14.1 The CITY is an equal opportunity employer. 14.2 Nondiscrimination Requirement. During the term of this Contract, SERVICE PROVIDER, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, SERVICE PROVIDER, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which SERVICE PROVIDER, or subcontractor, has a collective bargaining or other agreement. 14.3 Obligation to Cooperate. SERVICE PROVIDER, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that SERVICE PROVIDER, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). 14.4 Default. Notwithstanding any provision to the contrary, Agency maysuspend SERVICE PROVIDER, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Agency receives notification that SERVICE PROVIDER, including any subcontractor, is cooperating with the investigating state agency. In the event SERVICE PROVIDER, or subcontractor, is determined to have engaged in discrimination identified at Page 7 of 12 rev 4/2024 Page 8 of 12 rev 4/2024 14.5 Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, SERVICE PROVIDER, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which RCW 49.60.530(3), Agency may terminate this Contract in whole or in part, and SERVICE PROVIDER, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. SERVICE PROVIDER or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. any portion of this Agreement without the written consent of the CITY, and it is further agreed that said consent must be sought in writing by the SERVICE PROVIDER not less than thirty (30) days prior to the date of any proposed assignment. The CITY reserves the right to reject without cause any such assignment. assignment or subcontract shall include appropriate safeguards against discrimination. The SERVICE PROVIDER shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 15.ASSIGNMENT/SUBCONTRACTING 15.1 The SERVICE PROVIDER shall not assign its performance under this Agreement or 14.6 If any assignment and/or subcontracting has been authorized by the CITY, said damages are distinct from any penalties imposed under Chapter 49.60, RCW. Agency shall have the right to deduct from any monies due to SERVICE PROVIDER or subcontractor, or that thereafter become due, an amount for damages SERVICE PROVIDER or subcontractor will owe Agency for default under this provision. 15.2 Any work or services assigned hereunder shall be subject to each provision of this Agreement and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines. 16.CHANGES OR AMENDMENTS Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such amendments shall be attached to and made part of this Agreement. Page 9 of 12 rev 4/2024 17.OWNERSHIP, MAINTENANCE AND INSPECTION OF RECORDS 17.1 All drawings, plans, specifications, and other related documents prepared by SERVICE PROVIDER under this Agreement are and shall be the property of CITY and may be subject to disclosure pursuant to RCW Chapter 42.56 or other applicable public records laws. The written, graphic, mapped, photographic, or visual documents prepared by SERVICE PROVIDER under this Agreement shall, material relevant to this Agreement, for six (6) years after its expiration. The SERVICE PROVIDER agrees that the CITY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period. SERVICE PROVIDER agrees to cooperate with the CITY to produce in a timely manner any records in the possession of SERVICE PROVIDER relating to the performance of this Agreement which are or may be the subject of a valid request under the Public Records Act, RCW Chapter 42.56. unless otherwise provided, be deemed the property of the CITY. CITY shall be permitted to retain these documents, including reproducible camera- ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the CITY’s use. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or part, and reports, data, drawings, images or other material prepared under this Agreement, provided that SERVICE PROVIDER shall have no liability for the use of SERVICE PROVIDER’s work product outside of the scope of its intended purpose, and the CITY agrees to indemnify and hold the SERVICE PROVIDER harmless from such use. 17.2 The SERVICE PROVIDER shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit, by the CITY, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 17.3 The SERVICE PROVIDER shall retain all books, records, documents and other 18.OTHER PROVISIONS If changes in state law necessitate that services hereunder be expanded, the parties shall negotiate an appropriate amendment. If, after thirty (30) days of negotiation, an agreement cannot be reached, this Agreement may be terminated by the City no sooner than sixty (60) days thereafter. 19.TERMINATION 19.1 Termination for Convenience. The CITY may terminate this Agreement, in whole or in part, at any time, by at least five (5) days written notice to the SERVICE PROVIDER. Page 10 of 12 rev 4/2024 19.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the manner called for in this Agreement, or if the SERVICE PROVIDER fails to comply with any other provisions of the Agreement and fails to correct such noncompliance within five (5) days written notice thereof, the CITY may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the SERVICE PROVIDER setting forth the manner in which the SERVICE PROVIDER is in default. The SERVICE PROVIDER will only be paid for services performed in accordance with the manner of performance set forth in this Agreement. 22.WAIVER No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 20.NOTICE Notices, other than applications for payment, shall be given in writing to the persons named below: TO THE CITY: ___________________________ ___________________________ ___________________________ TO THE SERVICE PROVIDER: ___________________________ ___________________________ ___________________________ 21.ATTORNEYS FEES AND COSTS If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitled, reasonable attorney's fees and other costs incurred in that action or proceeding. 23.JURISDICTION AND VENUE This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by laws of the State of Washington, both as to interpretation and performance. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Snohomish County, Washington. Page 11 of 12 rev 4/2024 CITY OF ARLINGTON: _____________________________________ City Authorized Representative _____________________________________ (Print) ____________________________________ (Title) 24.SEVERABILITY 24.1 If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 24.2 If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. 25.ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement. SERVICE PROVIDER: _____________________________________ Authorized Representative _____________________________________ (Print) ____________________________________ (Title) IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. EXHIBIT A Scope of Work Page 12 of 12 rev 4/2024 NON-COLLUSION DECLARATION The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him/her, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, free gift, commission or thing of value on account of such sale. I HEREBY DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. Dated this ______ day of ___________, 202__, at ____________________, WA _________________________________________________ (Name of Organization) _________________________________________________ (Name and Title of Person Signing) _________________________________________________ (Signature) CERTIFICATION REGARDING INELIGIBLE CONTRACTORS ___________________________, certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Where the bidder is unable to certify to any of the statements in this certification, such bidder shall attach an explanation to this bid. The bidder certifies or affirms the truthfulness and accuracy of the contents of the statement submitted on or with this certification and understands that the provisions of 31 USC Section 3801, et seq., are applicable thereto. Authorized Official Signature Typewritten Name Title of Authorized Official Date Company Name City of Arlington Council Agenda Bill NB #4 Attachment January 6, 2025 Interlocal Agreement (ILA) with Snohomish Regional Drug Task Force(SRDTF) Interlocal Agreement Establishing Snohomish Regional Drug Task Force for 2025 Police; Jonathan Ventura, Chief EXPENDITURES REQUESTED: $5,686.00 BUDGET CATEGORY: Narcotics Task Force BUDGET AMMOUNT: $5,000.00 LEGAL REVIEW: DESCRIPTION: The Interlocal Agreement is a renewal agreement for participating in the Snohomish Regional Drug Task Force for 2025. The Interlocal Agreement allows participating jurisdictions to jointly coordinate selected law enforcement activities, resources, and functions in order to disrupt illegal drug trafficking systems and to remove drug traffickers through a cooperative program of investigation, prosecution, and asset forfeiture. The City has been a longtime participant in the Task Force. ALTERNATIVES: pending legal review. ATTEST: APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION: ___________________________ Dated ______________________ Title ___________________________ Jurisdiction of ___________________ ATTEST: ________________________________ Dated __________________________ Jurisdiction Clerk APPROVED AS TO FORM: ________________________________ Dated ___________________________ Jurisdiction Attorney City of Arlington Council Agenda Bill NB #5 Attachment January 6, 2025 Request to Waive Operating Permit Fee for event tent Permit Application and Permit Fee Waiver Request Request DEPARTMENT OF ORIGINAdministration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: October of 2024. Historically, permit fees have been waived for City projects. ALTERNATIVES: OPERATING PERMIT APPLICATION Community & Economic Development City of Arlington• 18204 59th Ave NE• Arlington, WA 98223 • Phone (360) 403-3551 Part/ Property Address for which Operating Permit is requested: Parcel ID No.: Project Description: City of Arlington event, Sept 28, 2024 Applicant Name: Sarah Lopez Email Address: slopez@arlingtonwa.gov 114 N Olympic Avenue Current Occupancy Legion Park Home No.: 360-403-3448 Cell No.: Mailing Address: 238 N Olympic Ave City: Arlington State: WA Zip: 98223 Contact Person: Phone No.: Part/I Type of Operating Permit An Operating Permit is required to conduct any activity or to use any class of building listed below. Please indicate the type( s) of Operating Permit( s) requested by checking each applicable box. (If you require assistance, or would like more information, contact the City of Arlington Building Department at 360-403-3551.) D Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in the Fire Code (see Appendix A.) Identify the materials and quantities and describe the manner in which the materials will be manufactured, stored or handled (attach additional sheets if necessary): ___________ _ D Conducting a hazardous process or activity, including, but not limited to, any commercial or industrial operation which produces combustible dust as a byproduct, fruit and crop ripening, waste handling, spray operations, and high-piled storage (see Appendix B.) Describe the process(es) or activity(ies) to be conducted (attach additional sheets if necessary): _______________________ _ REV032021 AUG Z 9 2024 Page 1 of3 PERMIT FEE WAIVER REQUEST Community & Economic Development City of Arlington • 18204 59th Ave NE • Arlington, WA 98223 • Phone (360) 403-3551 REV5.2021 Page 1 of 1 PER THE CURRENT FEE RESOLUTION Section 1. Fees and Charges—General. 1.1 Fees. Fees are intended to cover the normal, recurring costs associated with providing a given service. Fees are non-refundable. 1.2 Prices. In some instances, the City provides certain goods and merchandise for sale. Prices for these goods may be included in this resolution. 1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of application) or occurs (e.g., prior to a specific action). An applicant may pay all fees of a multi-phased project in advance; however, doing so does not vest applicable fees due. Fees due are those in effect at the time the specific action or phase of an action is requested or occurs. 1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the fees, or portions thereof, for any non-profit organization or government agency. NOTE: State Surcharge Fees cannot be waived. Permit Number: Total Amount: $ Staff Requesting Fee Waiver: Staff Department: Staff Email: Staff Phone #: Reason for Waiver: Council Workshop Date: Council Approval Date: Signatory Authority: Print Name: CED STAFF USE ONLY FEE BREAKDOWN Plan Review Fee(s) $ Permit Fee(s) $ Processing Technology Fee $ State Surcharge Fee $ Other: $ Other: $ ACCEPTED BY DATE STAMP City of Arlington Council Agenda Bill NB #6 Attachment January 6, 2025 Employee Handbook Policy Updates Policies: 302,303,308,311,312,402,502,503,702,703 Human Resources; Shawn Friang, Director EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: Policy 302 – Timesheets and Leave Requests Policy 303 – Overtime and Compensatory Time Policy 308 – Pay Procedures Policy 311 – Longevity Policy 312 – Compensation upon Termination Policy 402 – Vehicle and Equipment Use Policy 502 – Dual Coverage “Opt Out” Policy 503 – Vacation Policy 702 – Absences - Sick leave and Bereavement Leave The Employee Handbook was last updated in March of 2017. Throughout the last seven years, many practices and new laws have changed surrounding these policies and updates have been put into place, but not formally adopted and updated in the Employee Handbook. A complete review and update to the Employee Handbook will be completed in 2025. Council will be brought sets of policy changes in phases throughout the year. Policy updates are process heavy and must be reviewed and approved by the City Administrator, City Attorney, Directors, Bargaining Units (where applicable) and process to the City of Arlington Employee Handbook. City of Arlington Record of Policy Update Policy Number and Title 302 - Timesheets and Leave Requests Change request submitted New language adopted Updates are made to reﬂect change in pay dates as approved through MOUs Dates were changed to allow Payroll more time to process timesheets. All full timefull-time employees are required to complete an electronic timesheet. Requests for leave shall be submitted through the electronic timesheet system. Requests for time off will be submitted in a timely fashion. In the event more than one request is received for the same date, subject to department needs, the request received first will have priority. The supervisor will approve or deny the request. If the request is denied, the supervisor will indicate the reason for denial in the comment section. Pay periods are from the first of the month until the fifteenth (1-15) and from the sixteenth of the month until the last day of the month (16-end of month). Paydays are on the 25th 22nd (covering the 1-15 pay period) and the 10th 7th of the following month (covering the 16-end of month pay period). Timesheets must be submitted by the employee and approved by his/her their supervisor on the 16th and 1st. Any changes to the timesheets can be made through the adjustment timesheet feature and captured during the next pay cycle. Falsifying any time record is prohibited and may be grounds for disciplinary action, up to and including termination. Review Process Sent for review Edits returned AFSCME MOU signed APOA MOU signed Council Formatted Table Formatted: Superscript Formatted: Superscript Formatted: Font: Arial City of Arlington Record of Policy Update Policy Number and Title 303 Overtime and Compensatory Time Change request submitted New language adopted Clariﬁcation of what counts towards “worked” hours for overtime/comp time Updates to paydates Update in Comp time max accrual to reﬂect current practices and match AFSCME and APOA contracts for comp time accrual limit. US Department of Labor Fair Labor Standards Act (FLSA) Fact Sheet #22 worked hours. US Department of Labor Fact Sheet #7 State and Local Governments under FLSA Nonexempt employees (those not exempt from the provisions of the Fair Labor Standards Act) will be paid overtime compensation, either in cash or compensatory time off, at the rate of one and one-half times their regular hourly rate for hours worked in excess of forty hours during their normal one workweek. Paid time off such as sick pay, holiday pay, vacation pay, bereavement leave, jury duty pay will not count toward hours worked for the purpose of determining overtime pay. Compensatory Time: If an employee elects to accrue compensatory time off in lieu of overtime pay, one and one half-hours of compensatory time-off is earned for one each hour of worked beyond the 40 hours in a normal workweek. The maximum accrual of compensatory time shall be limited to twenty four hours and used within thirty days. Any hours accrued in excess of twenty four shall be paid as overtime. No comp hours will be rolled over the next year. Any hours not used by December 15th will be paid in the December 22nd 24th paycheck. Employees may use compensatory time after making a request to their supervisor, unless doing so would unduly disrupt City operations. Compensatory time should be used for short- term absences from work during times mutually agreed to by the employee and the supervisor. Upon termination, employees will receive compensation for their accrued compensatory time balance. Personnel employed in executive, administrative, professional, or certain computer-related capacities generally are exempt from the provisions of the Fair Labor Standards Act. Exempt employees do not receive overtime compensation. The City recognizes that exempt employees may incur excessive work hours due to special projects, unusual evening meetings, and emergency situations. Therefore, Exempt employees may be granted time off during regular work hours with prior approval from the City Administrator. Review Process Sent for review Edits returned AFSCME Separate agreement in CBA APOA Separate agreement in CBA Directors 11/7/2024 11/15/2024 Council City of Arlington Record of Policy Update Policy Number and Title 308 – Pay Procedures Change request submitted New language adopted New paydates were bargained with the unions to allow Payroll more time to process timesheets The City of Arlington pays employees by check or direct deposit in a manner so that the amount, method, and timing of wage payments comply with any applicable laws or regulations. Employees will be paid on the 7th 10th and 22nd25th of each month. If the pay day falls on a weekend, the employee will be paid on the Friday before that weekend. Employees receiving a paper paycheck may pick up their paycheck on payday in the Finance Department. Paychecks not claimed will be mailed to the address in the employee’s personnel file. Employees who utilize direct deposit are responsible for updating any information to Human Resources or Payroll about their account. Employees on each payday will receive, in addition to their pay, a statement showing gross pay, deductions, health and welfare benefits (if applicable), and net pay. Local, state, federal, Social Security taxes, and retirement contributions shall be deducted automatically. No other deductions will be made unless required or allowed by law, contract, or employee obligation. Employees may elect to have additional deductions taken from their pay only if they authorize the deductions in writing. Employees who discover a mistake in their paycheck, lose their paycheck, or have it stolen should notify their supervisor and the payroll department immediately. In the case of loss or theft, the Finance Department will attempt to stop payment on the check and reissue a new one to the employee. However, the employee is solely responsible for the monetary loss, and the City of Arlington will not be responsible for the loss or theft of a check if it cannot stop payment on the check. Overtime and compensatory time is covered under Policy 303. Employees who wish to authorize another person to pick up their paycheck must do so in writing to the Finance Department. Paychecks will not be distributed without an authorization in place. Employees should discuss any questions or concerns regarding their rate of pay and other compensation issues with their immediate supervisor. If the employee and immediate supervisor are not able to resolve the question, the employee should contact Human Resources. Review Process Sent for review Edits returned AFSCME APOA Council City of Arlington Record of Policy Update Policy Number and Title 311 Longevity Change request submitted New language adopted positions and aligns both programs Employees are recognized for long term employment with the City. Longevity for non- represented employees is as follows: Starting with the 61st month of service: 1% Starting with the 121st month of service: 2% Starting with the 181st month of service: 3% Starting with the 241st month of service: 4% Longevity is calculated from the employee’s base monthly salary. Longevity pay shall be paid beginning on the first payday after the employee’s eligibility. Employees hired after 1/1/14 start their longevity at the 11th year of service (121st month) and move directly to the 2% rate. Rates for represented employees are as set forth in their collective bargaining agreements. Elected officials are not eligible for longevity pay. Longevity for Directors is as follows: Starting with the 61st month of service: $25 per month Each additional year up to 20 years: $5 per month for each year Maximum amount of longevity for Directors is $100 per month Elected officials are not eligible for longevity pay. Employees who are terminated and rehired shall be considered new employees for purposes of this policy. Leaves of absences and other non-paid time will not be included when computing eligibility for longevity pay. Longevity pay shall be paid beginning on the first payday after the employee’s eligibility. Review Process Sent for review Edits returned AFSCME APOA Directors Council City of Arlington Record of Policy Update Policy Number and Title 312 Compensation upon Termination Change request submitted New language adopted Clariﬁcation on payout for non compensation limit for Directors upon termination. When an employee's employment with the City is terminated, the employee will receive the following compensation on the next regularly scheduled payday including: 1) regular wages for all hours worked up to the time of termination which have not already been paid; 2) any overtime or holiday pay due; 3) A lump sum payment of any accrued but unused vacation * 4) and compensatory time (if applicable) and; 45) one third of his/her accrued, but unused sick leave*. * The combined sick and vacation benefits payable upon termination for non-represented employees cannot exceed two hundred forty hours, except for Directors. Directors may cash out all unused vacation up to 300 hours and one third of unused sick leave up to 480 hours (160 hours maximuim sick leave cashout). Review Process Sent for review Edits returned AFSCME APOA Directors Council City of Arlington Record of Policy Update Policy Number and Title 402 Vehicle/ Equipment Use Change request submitted New language adopted Addition of automobile allowance for Directors Employees who use their personal vehicle for approved business purposes may receive a mileage allowance equal to the Internal Revenue Service optional mileage allowance for such usage. Directors shall receive a monthly stipend of $300.00 for using their personal vehicle for City business and will not receive a mileage allowance.. The allowances is are to compensate for the cost of gasoline, oil, depreciation, and insurance. Employees who operate any form of motorized transportation for City of Arlington business shall obtain liability coverage for bodily injury and property damage with a special endorsement for business use, then necessary as determined by their personal insurance agent. Review Process Sent for review Edits returned AFSCME APOA Council City of Arlington Record of Policy Update Policy Number and Title 502 Dual Coverage “Opt Out” Change request submitted New language adopted deﬁnition of dependent under the health care plans. Limitations on dependents over 18 attending school have been lifted on health programs and should apply in all health related documents. Association of Washington Cities criteria for dependent coverage. When an employee has family members (spouse and/or eligible dependents) covered under the City’s health insurance programs (medical, dental, vision) and when the employee or their family members are also covered by another comprehensive health insurance plan other than the City's, the employee is said to have "dual coverage." Regular, full-time employees are able to voluntarily decline medical insurance coverage for themselves or their eligible family members and receive a monthly financial incentive for doing so. Employees electing to only decline dental insurance will not receive an incentive. This program is not available to employees that are husband and wife married and both who have coverage on the City medical insurance plan. Only one spouse or domestic partner may receive the dual coverage medical insurance incentive benefit. Employees must sign a waiver and acknowledge the conditions for re-enrollment. In addition, employees who “opt out” will need to enroll in the City’s VEBA program or HSA program as applicable for coverage. Incentive payments will only be made if there is an actual savings in the premiums the City is paying. The maximum incentive amount per month is $300. Incentive amounts are payable monthly into the employee’s VEBA or HSA account. Employees and dependents who are covered under a spouse’s high deductible plan are eligible to have funds deposited into an HSA account. If they are covered under a general plan, they must elect and set up a VEBA account. Pay Schedule: Employee $100 Spouse $100 Dependent $ 50 Dependent $ 50 Because the rate for employees with more than two (2) dependents does not change, any dependents over two (2) would not be eligible for the incentive. For purposes of this policy, an eligible dependent is defined as your child or stepchild who is under the age of 18 26(or under the age of 24 if he/she is an enrolled student) at the end of the calendar year, or of any age if permanently and totally disabled. Married dependents between the age of 18 and 24 are not eligible. The dependent does not have to be a student and they can be married. Employees must enroll in this program each year and provide proof of other coverage. Note: This policy does not apply to single employees with no dependents as there would be no “dual coverage” consideration. The City retains the right to revoke, modify or cancel this program at any time. Review Process Sent for review Edits returned AFSCME APOA Directors Council City of Arlington Record of Policy Update Policy Number and Title 503 Vacation Change request submitted New language adopted Update the policy language to correct language about Director vacation accrual and include the cashout upon termination language for Directors. The City of Arlington grants paid vacation hours to regular full-time employees in accordance with the guidelines established below. Vacation hours are accrued or earned based on the employee’s length of service and on the time actually worked. Full-time non-represented employees will accrue paid vacation according to the following schedule. First month through 24 months 8 hours 25 months through 48 months 10 hours 49 months through 60 months 12 hours 61 months through 96 months 14 hours 97 months through 120 months 16 hours 121 months through 240 months 18 hours 241+ months 20 hours Vacation accrual for those employees with employment contracts Directors is as follows: First month through 60 months 13.33 hours 61 months through 96 months 14 hours 97 months through 120 months 16 hours 121 months through 240 months 18 hours 241+ months 20 hours Formatted Table Formatted: Space After: 0 pt Formatted: Space After: 0 pt The following provisions will apply: • Vacation cannot be taken until hours are accrued; • An employee shall not be permitted to work and receive vacation pay in lieu of vacation time; • Employees on unpaid leave of absence are not eligible to accrue vacation hours; • Vacation hours are paid at the employee’s regular rate of pay; • Employees may accrue up to 300 hours; • Employees whose vacation balance exceeds the maximum accrual will no longer accrue vacation benefits until the vacation balance falls below the maximum accrual; • Employees are responsible to monitor their accrual balance; • If an employee requests vacation that has not been accrued and has personal holiday hours or comp time available, the personal holiday hours or comp time will be utilized; • Seasonal Part-time and temporary employees do not receive paid vacation unless specified by law or bargaining unit contract; • Employees who are on FMLA leave must apply accrual vacation, sick, and personal holiday hours; • Employees may not cash out accrued vacation pay except upon termination, except Directors. Maximum number of hours allowed for cash out, combined vacation and sick leave, is 240. • • Directors are allowed to cash out their unused vacation accrual up to the maximum of 300 hours upon termination of employment. • Annually Directors may elect to cash out up to 40 hours of vacation to be paid out in the following year in March. The Director must have at least 120 hours of vacation accrual at the time of the request. Forms must be submitted to HR by December 31st each year. Generally, employees should submit vacation requests to their supervisor at least four weeks in advance of the requested vacation date. Management reserves the right to approve when vacations are taken. Supervisors are responsible for ensuring adequate staffing levels and should attempt, when feasible, to resolve vacation scheduling conflicts based on length of service. However, employees who want to change their plans after the vacation schedule has been approved lose their seniority consideration. Review Process Sent for review Edits returned AFSCME APOA Directors Council Formatted: Space After: 0 pt Formatted: Not Highlight Formatted: Not Expanded by / Condensed by Formatted: Font: (Default) Arial, Condensed by 0.15 pt Formatted: Font: (Default) Arial, Condensed by 0.15 pt Formatted: List Paragraph, Indent: Left: 0.32" Formatted: Space After: 0 pt City of Arlington Record of Policy Update Policy Number and Title 702 – Absences – Sick leave cashout and Bereavement Leave sections only Change request submitted New language adopted updated procedure for Directors upon separation of employment Bereavement Leave section - Update bereavement procedure to reﬂect References Used None Sick Leave: Upon Termination or retirement, employees are eligible for a cash out of 1/3 of their unused sick leave up to 240 hours. Combined sick leave and vacation cash out , however shall not exceed 240 hours; except for Directors. Directors may cash out one third of their sick leave up to 480 hours (160 hours maximum sick leave cashout) and up to 300 hours of vacation upon termination or retirement. Bereavement Leave: In the event of the death of an employee’s immediate family member, time off with pay for employee’s regular scheduled workday will be granted to regular full- time employees. The phrase “immediate family” for the purposes of the bereavement policy includes the employee’s spouse, brother, sister, father, mother, stepfather, stepmother, grandparent, children, stepchildren, grandchildren, father-in-law, mother-in-law, grandparent-in-law, sister-in-law, brother- in-law, daughter-in-law, son-in-law, aunt, uncle, or any person residing with or legally dependent upon the employee. Unless stated in a collective bargaining agreement for represented employees, Tthree consecutive workdays off with bereavement leave pay will be approved to attend the funeral or memorial service. (Maximum twenty-four (24) hours). If an employee requires bereavement leave, the employee or another family member, if necessary, should inform Human Resources immediately or as soon as reasonably practical. Formatted: Font: Not Bold Formatted Table Formatted: No underline Two additional consecutive bereavement leave work days off with pay, maximum of sixteen (16 hours) may be approved for travel from the employee’s home to the funeral or memorial service, if the travel exceeds two hundred (200) miles each way. This additional bereavement leave A maximum of 16 hours may be requested through a written document to Human Resources and is subject to approval by the City Administrator. approved, subject to the approval of the City Administrator. Paid time off for bereavement will not be used to calculate overtime pay. Employees who have questions or concerns regarding this policy should contact Human Resources. Review Process Sent for review Edits returned AFSCME APOA Directors Council City of Arlington Record of Policy Update Policy Number and Title 703 Shared Leave Program Change request submitted New language adopted Eligibility to join this program was ended on December 31, 2024. For those employees eligible for this program the following are the requirements to utilize the program: Eligibility to access funds from the program Shared Leave may be requested by an employee needing shared leave if: • The employee suffers, or has an immediate family member, as deﬁned in the applicable collective bargaining agreement or City Policy, suffering from an illness, impairment or physical or mental condition which is likely to cause the employee to take leave without pay or to terminate employment with the City. • The employee has depleted or will deplete their total accrued vacation, sick leave, compensatory time, and holiday time. • The employee’s absence and the use leave follow the applicable collective bargaining agreement and the City’s sick leave use policy. • If the employee is eligible for State Industrial Insurance Beneﬁts or is using Paid Family and Medical Leave, then shared leave cannot be used as a supplement. Amount of Shared Leave • The Human Resources Department and the employee will determine the amount of leave needed and verify with the Finance Department that those funds are available. • The employee will provide appropriate medical justiﬁcation and documentation to the Human Resources Department as a part of requesting Share Leave request which will assist in determining the length of leave needed and number of hours being requested. • The maximum number of shared leave hours that can be provided to an employee is 6 months (131 working days) throughout their employment with the City. Shared Leave Bank – Account Management • The Finance Department will be responsible for the accounting of the Shared Leave Bank and adjusting leave balances for employees. • Transfers of accrued vacation or sick leave hours to an employee shall be made in 1 hour increments and will be transferred to their sick leave balance. • Any unused transferred leave in an employee’s sick leave bank will be returned to the Share Leave Pool Bank. • Shared leave taken by an employee shall be shown on their timesheet as sick leave. Administrative Provisions • Inappropriate use by an employee of the provisions of this policy may result in the cancellation of the donated leave or the use of shared leave. • While an employee is on shared leave they will continue to be classiﬁed as a City Employee and will receive salary and beneﬁts as they would otherwise receive if using sick leave or vacation leave. • All salary/beneﬁt payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave. • In no event shall any donated shared leave be paid to an employee in the event of leaving the City’s employ. • Administration of this policy is the responsibility of the City Administrator. Review Process Sent for review Edits returned AFSCME APOA Council