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HomeMy WebLinkAbout01-13-25 Council WorkshopSPECIAL 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 – Julie APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS North County Regional Fire Authority Deputy Chief of Operations Dave Kraski and Interim Medical Service Administrator Matt Hickman on the "Leave Behind Buprenorphine” Program Mayor Don Vanney WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1.Contract with Feldman and Lee, P.S. for Public Defender Services ATTACHMENT A Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Michele Blythe 2.Contract with Zachor, Stock and Krepps, Inc., P.S. for Prosecutor Services ATTACHMENT B Staff Presentation: Paul Ellis Council Liaison: Heather Logan 3.Apparent Low Bid Award for 74th Avenue Trail Project ATTACHMENT C Staff Presentation: Jim Kelly Council Liaison: Yvonne Gallardo-Van Ornam 4.Apparent Low Bid for Division / Broadway Restoration Project ATTACHMENT D Staff Presentation: Jim Kelly Council Liaison: Jan Schuette ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS Arlington City Council Workshop Monday, January 13, 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. PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Michele Blythe / Mayor Don Vanney City of Arlington Council Agenda Bill WS #1 Attachment January 13, 2025 Proposed contract with Feldman & Lee, P.S. Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: $390,000 BUDGET CATEGORY: BUDGETED AMOUNT: $300,000 LEGAL REVIEW: DESCRIPTION: recently completed with a one-year contract for the calendar year 2025. The increase in fees covers both increased expenses of Feldman and Lee, P.S. and additional case load from the City. Feldman & Lee’s last contract was January 1, 2017 through December 31, 2018. The contract has been month to month since 2018. ALTERNATIVES: the Mayor to sign the contract. CONTRACT FOR SERVICES 1 CONTRACT FOR INDIGENT DEFENSE SERVICES WHEREAS, the City of Arlington, Washington (hereinafter "City") provides indigent defense services to individuals who have been certified for representation in criminal charges before the Snohomish County District Court, Cascade Division (hereinafter "Municipal Court" or “Court”); and WHEREAS, Feldman & Lee, P.S., (hereinafter "Attorney") is a licensed attorney in good standing in the state of Washington who has been selected to perform services to indigent defense clients under contract with the City; and WHEREAS, the City has adopted standards for public defense pursuant to the requirements of RCW 10.101.030, under Resolution No. 2014-017; now, therefore, The City and Attorney have entered into this Agreement in consideration of the mutual benefits to be derived and the mutual promises contained herein: 1.Scope of Services, Standards and Warranty; Definition. 1.1 The Attorney will provide indigent defense services in accordance with the standards adopted by the City in Resolution No. 2014- 017, as the same exists or is hereafter amended. The Attorney warrants that he/she, and every attorney and/or intern employed by the Attorney to perform services under this Contract, has read and is fully familiar with the provisions of the Washington Supreme Court rule and the standards adopted by the City pursuant to Resolution No. 2014-017, (hereinafter "Standards"). Compliance with these Standards goes to the essence of this Agreement. 1.2 The Attorney, and every attorney and/or intern performing services under this Agreement, shall certify compliance quarterly with the Court. A copy of each and every such certification shall be provided to the City contemporaneously with filing with the Court. The Attorney further warrants that his/her proposal, reflected in Section 2, Compensation, reflects all infrastructure, support, administrative services and systems necessary to comply with the Standards. 1.3 For purposes of this agreement, the term “Court” shall mean the Snohomish County District Court, Cascade Division. 2.Compensation. The City shall pay to the Attorney for services rendered under this Contract the sum of Thirty-Two Thousand Five Hundred and No/100 Dollars ($32,500) per month, effective January 1, 2025 through December 31, 2025; 2.1 Case Counts. The above charge is based upon the anticipated case count for the City of Arlington cases per year, not to exceed six hundred (600) cases per year. As provided in the Standards, the case counts also include the CONTRACT FOR SERVICES 2 Attorney's appearance at all arraignment calendars. The terms “case” and “credit” shall be defined as provided in the Standards. The City has adopted an unweighted case count. 2.2 Adjustment. As provided in the Standards, case counts may be revised upwards based upon a variety of factors. 2.3 Base Compensation. Except as expressly provided in Section 2.4, the cost of all infrastructure administrative, support and systems as well as standard overhead services necessary to comply with the established standards is included in the base payment provided in Section 2.1 above. 2.4 Payments in Addition to the Base Compensation. The City shall pay for the following case expenses when reasonably incurred and approved by the Court from funds available for that purpose: 2.4.1 Discovery. Discovery shall be provided in accordance with law and court rule by the City Prosecutor. For post-conviction relief cases, discovery includes the cost to obtain a copy of the defense, prosecuting attorney making this charge or court files pertaining to the underlying case. 2.4.2 Preauthorized Non-Routine Expenses. Non-routine case expenses requested by Attorney and preauthorized by order of the Court. Unless the services are performed by Contractor's staff or subcontractors, non-routine expenses include, but are not limited to: (i) medical and psychiatric evaluations; (ii) expert witness fees and expenses; (iii) interpreters for languages not commonly spoken in the City or interpreters for services other than attorney/client communication; (iv) polygraph, forensic and other scientific tests; (v) computerized legal research; (vi) investigation expenses; and (vii) any other non-routine expenses the Court finds necessary and proper for the investigation, preparation, and presentation of a case. 2.4.3 Lay Witness Fees. Lay witness fees and mileage incurred in bringing defense witnesses to court, but not including salary or expenses of law enforcement officers required to accompany incarcerated witnesses; 2.4.4 Copying Clients' Files. The cost, if it exceeds $25, of providing one copy of a client's or former client's case file upon client's or client's appellate, post-conviction relief or habeas corpus attorney's request, or at the request of counsel appointed to represent the client when the client has been granted a new trial; CONTRACT FOR SERVICES 3 2.4.5 Copying Direct Appeal Transcripts for RALJ Appeals. The cost, if it exceeds $25, of making copies of direct appeal transcripts for representation in post-conviction relief cases. Contractor is limited to no more than two copies; 2.4.6 Records. Medical, school, birth. DMV, and other similar records and 911 and emergency communication recordings and logs, when the cost of an individual item does not exceed $75; and 2.4.7 Process Service. The cost for the service of a subpoena as long as the rate per location does not exceed the guideline amount as shown in the payment policy. 2.5 Renegotiation. 2.5.1 Renegotiation Due to Increases or Decreases in Case Load The City and Attorney shall, at the option of either party, renegotiate this Contact if there is a significant increase or decrease in the number of cases assigned. "Significant decrease" and "significant increase" shall mean a decrease or increase, respectively, of more than ten percent (10%) in the number of cases assigned or, in the alternative, a decrease or increase in the number of cases assigned which results in more than 600 cases being assigned in an "average" calendar year or an average of 150 cases per quarter. At the request of either party, the City and Attorney will periodically review cases assignment trends, requests for additional credits and any other matters needed to determine contract compliance or necessary contract modifications. 2.5.2 Renegotiation Due to Changes in Rules or Standards. Both parties are aware that the Washington State Bar Association has proposed significant changes to the indigent defense standards that are currently scheduled to take effect on July 1, 2025. Those proposed changes are currently being reviewed by the Washington Supreme Court. Therefore, as of this writing, the exact standards and date of adoption are yet to be determined. It is possible that the changes will occur in 2025 that will substantially increase the amount of FTE attorneys needed to service the contract. In the event changes occur to the standards in 2025, the parties will negotiate in good faith once the Standards have been announced to ensure appropriate staffing and compensation levels. 3.Term. The term of this Agreement shall be from January 1, 2025 through December 31, 2025, unless sooner terminated as provided in this Agreement 3.1 For Cause. This Agreement may be terminated for cause for violation of any material term of this Agreement. "Material term" shall include any violation indicating a failure to provide representation in accordance with the rules of the court and the ethical obligations established by the Washington State Bar Association, a violation of the Standards of the provisions of Section 6 relating to CONTRACT FOR SERVICES 4 insurance, conviction of a criminal charge, and/or a finding that the license of the Attorney, or any attorney providing service under this Agreement, has been suspended or revoked. Any violation of the other provisions of this Contract shall be subject to cure. Written notice of contract violation shall be provided to the Attorney who shall have ten (10) business days to correct the violation. Failure to correct the violation will give rise to termination for cause at the City's discretion. In lieu of terminating this Contract, the City may agree in writing to alternative corrective measures. 3.2 Termination on Mutual Agreement. The parties may agree in writing to terminate this Contract at any time. Unless otherwise agreed to in writing, termination or expiration of this Contract does not affect any existing obligation or liability of either party. 3.3 Obligations Survive Termination . In the event of termination of this Agreement, the following obligations shall survive and continue: 3.3.1 Representation. The compensation established in this Agreement compensates Public Defender for services relating to each and every assigned case. Therefore, in the event this Agreement is terminated, the Public Defender will continue to represent clients on assigned cases until a case is concluded on the trial court level. 3.3.2 The provisions of sections 1 and 5, as well as this subsection 3.3 survive termination as to the Public Defender. The City shall remain bound by the provisions of section 2.4 with respect to additional costs incurred with respect to cases concluded after the termination of this Contract. 4.Nondiscrimination. Neither the Attorney nor any person acting on behalf of the Attorney, shall, by reason of race, creed, color, national origin, sex, sexual orientation, honorably discharged doctrine or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability, discriminate against any person who is qualified and available to perform the work to which the employment relates, or in the provision of services under this A greement. 5.Indemnification. The Attorney agrees to hold harmless and indemnify the City, its officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including Attorney's fees or awards, and including claims by Attorney's own employees to which Attorney night otherwise be immune under Title 51 arising out of or in connection with any willful misconduct or negligent error, or omission of the Attorney, his officers or agents. It is specifically and expressly understood that the indemnification provided herein constitutes the waiver of the Attorney's waiver of immunity CONTRACT FOR SERVICES 5 under Title 51 RCW solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. This clause shall survive the termination or expiration of this Agreement and shall continue to be in effect for any claims or causes of action arising hereunder. 6. Insurance. The Attorney shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or property which may arise from or in connection with the performance of work hereunder by the Attorney, or the agents, representatives, employees, or subcontractors of the Attorney. 6.1 Minimum Scope of Insurance. Attorney shall obtain insurance of the types described below: 6.1.1 Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 6.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Service Provider's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 10 01 and CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 6.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 6.1.4 Professional Liability insurance appropriate to the Attorney's profession. 6.2 Minimum Amounts of Insurance. Attorney shall maintain the following insurance limits: 6.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 6.2.2 Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence and $2,000,000 general aggregate. 6.2.3 Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The policy shall CONTRACT FOR SERVICES 6 contain no exclusion for loss or liability relating to a claim of ineffective assistance of counsel. 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. 6.3.1 The Attorney's insurance coverage shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Service Provider's insurance and shall not contribute with it. 6.3.2 The Attorney's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 6.5 Verification of Coverage. Attorney shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Service Provider before commencement of the work. 7.Work Performed by Attorney. In addition to compliance with the Standards, in the performance of work under this Agreement, Attorney shall comply with all federal, state and municipal laws, ordinances, rules and regulations which are applicable to Attorney's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 8.Work Performed at Attorney's Risk. Attorney shall be responsible for the safety of its employees, agents, and subcontractors in the performance of work hereunder, and shall take all protections reasonably necessary for that purpose. All work shall be done at the Attorney's own risk, and the Attorney shall be responsible for any loss or damage to materials, tools, or other articles used or held in connection with the work. Attorney shall also pay its employees all wages, salaries and benefits required by law and provide for taxes, withholding and all other employment related charges, taxes or fees in accordance with law and IRS regulations. 9.Personal Services, No Subcontracting. This Agreement has been entered into in consideration of the Attorney's particular skills, qualifications, experience, and ability to meet the Standards incorporated in this Agreement. Therefore, the Attorney has personally signed this Agreement below to indicate that he/she is bound by its terms. This Agreement shall not be subcontracted without CONTRACT FOR SERVICES 7 the express written consent of the City and refusal to subcontract may be withheld at the City's sole discretion. Any assignment of this Agreement by the Attorney without the express written consent of the City shall be void. 10.Modification. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the duly authorized representatives of the City and the Attorney. 11.Entire Agreement. The written provisions in terms of this Agreement, together with any exhibit attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statement(s) shall not be effective or construed as entering into or fanning a part of, or altering in any manner whatsoever, this Agreement. 12.Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in the Agreement or such other address as may be hereinafter specified in writing: CITY: ATTN: City Clerk 238 N. Olympic Avenue Arlington, WA 98223 ATTORNEY: Feldman & Lee, P.S. 19308 44th Avenue W. Lynnwood, WA 98036 13.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of such covenants, agreements, or options, and the same shall be and remain in full force and effect. 14.Resolutions of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms or conditions contained in this Agreement, the matter shall be referred to the City Administrator, whose decision shall be final. Provided, however, that any complaint regarding any violation of the Standards or which relate to any manner whatsoever to trial strategy or an ongoing case, shall be referred to the Judge of the Court or to the Washington State Bar Association as appropriate. Nothing herein shall be construed to obligate, require or permit the City, its officers, agents, or employees to inquire into any privileged communication between the Attorney and any indigent defendant. In the event of any litigation arising out of this Agreement, the prevailing party shall be reimbursed CONTRACT FOR SERVICES 8 for reasonable attorneys' fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the rules of the Washington Supreme Court as applicable. Venue for an action arising out of this Agreement shall be in Snohomish County Superior Court. IN WITNESS WHEREOF, the parties have executed this contract on the _____ day of _________________, 20___. CITY OF ARLINGTON Don E. Vanney, Mayor ATTEST / AUTHENTICATE: _____ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: OGDEN MURPHY WALLACE PLLC Attorneys for the City of Arlington Oskar Rey, City Attorney ATTORNEY: FELDMAN AND LEE, P.S. _______________________________ David Lee, Managing Partner This Agreement has been executed personally by the Attorney(s) providing services hereunder to indicate his or her commitment to providing the services in accordance with the standards herein provided. In addition, the corporate entity under which the Attorney practices has executed this Agreement indicating the corporate entities' Agreement to comply with the terms of this Agreement. City of Arlington Council Agenda Bill WS #2 Attachment January 13, 2025 Contract with Zachor, Stock and Krepps, Inc., P.S. for prosecution services ATTACHMENTS: None. Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: $262,870 BUDGET CATEGORY: BUDGETED AMOUNT: $241,160 LEGAL REVIEW: DESCRIPTION: prosecution services for the City of Arlington. This reflects unanticipated cost increases and will allow Zachor, Stock and Krepps to be competitive in the market and continue to provide services. prosecutors at the municipal court level since 2001. ALTERNATIVES: I move to approve the contract with Zachor, Stock and Krepps, Inc., P.S. for prosecution services, pending legal review. City of Arlington Council Agenda Bill Item: WS #3 Attachment CCOUNCIL MEETING DATE: January 13, 2025 SUBJECT: Low Bid Award for 74th Avenue Trail Project ATTACHMENTS: Preliminary Bid Tab Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $1,280,423.00 estimate BUDGET CATEGORY: Transportation Imp Fund/TBD Fund BUDGETED AMOUNT: $1,280,423.00 (2024-2025) 2025 via amendment due to project delay LEGAL REVIEW: DESCRIPTION: Apparent low bid for the 74th Avenue Trail Project. The City of Arlington is working on providing the community with a comprehensive multi-use trail system throughout Arlington. The 74th Avenue Trail project is part of that trail system completing a segment between 204th Street and 191st Street (approx. 4,000 ft). This trail segment is also part of the City’s Complete Streets program. The City received a grant for the design and construction of this trail. Design work for this project started in 2021 but was delayed due to COVID-19 and staff turnover. The project was advertised for bid in October 2024, and eleven bids were received on November 7, 2024. However, WSDOT rejected nine of the bids due to incomplete DBE forms. The project was re-bid with a bid opening date of January 7, 2025. Staff will qualify the bids and bring the lowest qualified bid to the January 21 Council meeting for award. ALTERNATIVES: Reject all bids and readvertise project. Terminate project and return grant funding. Workshop; discussion only. At the January 21, 2025 Council meeting, the recommended motion will be, “I move to award the 74th Avenue Trail project to the qualified low bidder, __________________, in the amount of $_____________ and authorize the mayor to sign the construction contract.” City of Arlington Council Agenda Bill WS #4 Attachment January 13, 2025 Apparent Low Bid for Division Broadway Restoration Project None. Preliminary Bid Tab to be handed out at workshop (Bids due Jan 9, 2024) Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $1,400,430 BUDGET CATEGORY: N/A BUDGETED AMOUNT: $0 will need amendment in 2025 budget due to project delay LEGAL REVIEW: DESCRIPTION: Apparent low bid for the Division Broadway Restoration Project. The Division/Broadway corridor is a vital link through downtown Arlington connecting two state routes (SR-9 and SR-530) and is also part of the National Highway System (NHS). As such, this corridor is eligible to receive, and has been awarded, an NHS Asset Management Grant to fund NHS corridor preservation activities. The City received $760,742.00 in grant funding for the Division/Broadway Restoration Project. The work includes pavement resurfacing, traffic circle improvements, curb ramp improvements, and enhanced cross walks. Design work for this project started in 2021; however, it was delayed due to COVID-19, WSDOT approvals, and staff turnover. The project was advertised for bid in December 2024 and bids were received on January 9, 2024. Staff will qualify the bids and bring the lowest qualified bid to the January 21 Council meeting for award. ALTERNATIVES: Terminate project and return grant funding. Workshop; discussion only. At the January 21, 2025 Council meeting, the recommended motion will be, “I move to award the Division Broadway Restoration Project to the qualified low bidder, __________________, in the amount of $_____________ and authorize the mayor to sign the construction contract.”