Loading...
HomeMy WebLinkAbout_01-21-25 Council Meeting 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. 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 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 January 6 and January 13, 2025 Council meetings ATTACHMENT A 2. Accounts Payable ATTACHMENT B 3. Contract with Feldman and Lee, P.S. for Public Defender Services ATTACHMENT C 4. Amendment No. 1 to the Contract with Zachor, Stock and Krepps, Inc., P.S. ATTACHMENT D for Prosecutor Services PUBLIC HEARING EXECUTIVE SESSION RECONVENE NEW BUSINESS 1. Resolution Supporting the Efforts of the Arlington School District No. 16 ATTACHMENT E (Proposition No. 1, Capital Levy to Construct a New Post Middle School) Staff Presentation: Paul Ellis Council Liaison: Leisha Nobach Arlington City Council Meeting Tuesday, January 21, 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. Low Bid Award for 74th Avenue Trail Project ATTACHMENT F Staff Presentation: Paul Ellis Council Liaison: Yvonne Gallardo-Van Ornam 3. Low Bid Award for Division / Broadway Restoration Project ATTACHMENT G Staff Presentation: Paul Ellis Council Liaison: Jan Schuette COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT ADJOURNMENT Mayor Pro Tem Michele Blythe / Mayor Don Vanney DRAFT Page 1 of 4 Council Chambers 110 East 3rd Street Monday, January 6, 2025 Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe Yvonne Gallardo-Van Ornam, Leisha Nobach, and Jan Schuette. Council Members Absent: None. Staff Present: Mayor Don Vanney, Paul Ellis, Sarah Lopez, Shawn Friang, Seth Kinney, Devon Benner, Rory Bolter, Jonathan Ventura, City Attorney Oskar Rey, Bryan Terry, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Randy Nobach, Nathan Senff, Holly Sloan-Buchanan, Steve Maisch, Mary Levesque, Nicole Watts, Dave Kraski, Al Schreiber, Julie Boyer, Sid Logan, Tim Abrahamson, Drew Bono, and Steve Peiffle. 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 Heather seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Mayor Don Vanney presented former City Attorney Steve Peiffle with an award of appreciation marking 35+ years of service to the citizens and City of Arlington. PROCLAMATIONS PUBLIC COMMENT Mary Levesque, Arlington, provided comments regarding the Post Middle School Levy. Nicole Watts, Arlington, provided comments regarding the Post Middle School Levy. 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 16, 2024 Council meeting. 2. Accounts Payable: Approval of Petty Cash Check #2042; EFT Payments and Claims Checks #112281 through #112391 dated December 3 through December 16 for $2,046,580.32. PUBLIC HEARING None. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting January 6, 2025 Page 2 of 4 EXECUTIVE SESSION City Attorney Oskar Rey announced the need for an Executive Session to review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)]. Mr. Rey stated that the Executive Session would last 10 minutes. Mayor Vanney dismissed City Council at 6:08 p.m. RECONVENE City Council returned and Mayor Vanney called the meeting to order at 6:18 p.m. NEW BUSINESS Contract Approval with Arlington Police Officers Association (APOA) Human Resources Director Shawn Friang requested Council approve the contract with Arlington Police Officers Association. 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 was distributed with an executive summary prior to the meeting January 6. 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, and the proposed agreement took effect January 1, 2025. Councilmember Yvonne Gallardo-Van Ornam moved, and Councilmember Debora Nelson seconded the motion to approve Arlington Police Officers’ Association 2025-2026 Collective Bargaining Agreement and authorized the Mayor to sign the agreement. The motion passed unanimously. Professional Services Agreement with Pacific Northwest Support Services City Administrator Paul Ellis requested Council approve the professional services agreement with Pacific Northwest Support Services. Pacific Northwest Support Services (PNWSS) offers emotional and spiritual support to officers, their 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. Councilmember Leisha Nobach moved, and Councilmember Michele Blythe seconded the motion to approve the Professional Services Agreement with Pacific Northwest Support Services, and authorized the Mayor to sign it, pending legal review. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting January 6, 2025 Page 3 of 4 Professional Services Agreement with Bridge Coordination Services City Administrator Paul Ellis requested Council approve the professional services agreement with Bridge Coordination Services. The professional services agreement is a renewal with Bridge Coordination Services, LLC, 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. Councilmember Heather Logan moved, and Councilmember Michele Blythe seconded the motion to approve the Professional Services Agreement with Bridge Coordination Services, LLC, and authorized the Mayor to sign it, pending legal review. The motion passed unanimously. Interlocal Agreement with Snohomish County Regional Task Force City Administrator Paul Ellis requested Council approve the interlocal agreement with Snohomish County Regional Task Force. The Interlocal Agreement is a renewal agreement to participate 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. Mayor Pro Tem Michele Blythe moved, and Councilmember Rob Toyer seconded the motion to approve the ILA with Snohomish Regional Drug Task Force and authorized the Mayor to sign it, pending legal review. The motion passed unanimously. Permit Fee Waiver Request for Event Canopy City Administrator Paul Ellis requested Council approve staff’s request to waive $175 for a permit fee for the event canopy at the October 2024 Hispanic Heritage event. Historically, permit fees have been waived for City projects. Councilmember Debora Nelson moved, and Councilmember Heather Logan seconded the motion to waive the permitting fee for the event canopy. The motion passed unanimously. Policy Updates to Employee Handbook Human Resources Director Shawn Friang requested Council accept the employee handbook policy updates. Minutes of the City of Arlington City Council Meeting January 6, 2025 Page 4 of 4 This is an update of City policies as a part of a full review of the Employee Handbook. The updates for this approval pertain to: 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 Policy 703 – Shared Leave Program The Employee Handbook was last updated in March of 2017. Throughout the last seven years, many practices and laws have changed surrounding these policies and updates have been put into place, but not formally adopted or 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 then Council. Councilmember Rob Toyer moved, and Councilmember Debora Nelson seconded the motion to accept the modifications to policies 302,303,308,311,312,402,502,503,702, and 703 as a part of the updating process to the City of Arlington Employee Handbook. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS Councilmember Jan Schuette provided information regarding Arlington’s new Community Transit Zip shuttle. Councilmember Yvonne Gallardo-Van Ornam provided information regarding the Zip shuttle. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis provided comments regarding the Zip shuttle and thanked former City Attorney Steve Peiffle for his years of service and welcomed new City Attorney Oskar Rey. MAYOR’S REPORT Mayor Vanney provided comments regarding the Zip shuttle and wished everyone a Happy New Year. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:31 p.m. _________________________________________ Don E. Vanney, Mayor DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Monday, January 13, 2025 Councilmembers Present: Heather Logan, Rob Toyer, Michele Blythe, Yvonne Gallardo-Van Ornam, Leisha Nobach, and Jan Schuette. Council Members Absent: Debora Nelson, excused. Staff Present: Mayor Don Vanney, Paul Ellis, Jim Kelly, Kris Wallace, Jonathan Ventura, Chelsea Brewer, and Julie Petersen. Also Known to be Present: Kathy Vanney, Tim Abrahamson, Randy Nobach, Ellis Nobach, Dave Kraski, Matt Hickman, Kevin Duncan, Nathan Senff, Sid Logan, Steve Maisch, and Holly Sloan-Buchanan. Mayor Don Vanney called the meeting to order at 6:00 pm, 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 Rob Toyer seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS North County Regional Fire Authority Deputy Chief of Operations Dave Kraski and Interim Medical Service Administrator Matt Hickman presented on the ”Leave Behind Buprenorphine” Program. WORKSHOP ITEMS – NO ACTION WAS TAKEN Contract with Zachor, Stock and Krepps, Inc., P.S. for Public Defender Services City Administrator Paul Ellis reviewed the contract with Feldman and Lee, P.S. They have been providing public defense services since 2007. Negotiations were 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. The law firm of Feldman and Lee has served as the City’s public defender since 2007. The City and Feldman & Lee’s last contract was January 1, 2017 through December 31, 2018. The contract has been month to month since 2018. Discussion followed with Mr. Ellis answering Council questions. City Council Workshop Minutes of the City of Arlington City Council Workshop January 13, 2025 Page 2 of 3 Contract with Zachor, Stock and Krepps, Inc., P.S. for Prosecutor Services City Administrator Paul Ellis reviewed the contract with Zachor, Stock and Krepps, Inc., P.S. They requested an increase of $1770 per month to provide 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. The law firm formerly Zachor and Thomas, now Zachor, Stock and Krepps has served as the City’s prosecutors at the municipal court level since 2001. Discussion followed with Mr. Ellis answering Council questions. Apparent Low Bid Award for 74th Avenue Trail Project Public Works Director Jim Kelly the 74th Avenue Trail Project. This will provide 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. Discussion followed with Mr. Kelly answering Council questions. Apparent Low Bid for Division / Broadway Restoration Project Public Works Director Jim Kelly reviewed 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, 2025. Staff will qualify the bids and bring the lowest qualified bid to the January 21 Council meeting for award. Discussion followed with Mr. Kelly answering Council questions. ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis reminded everyone that the next meeting is on Tuesday, January 21. MAYOR’S REPORT Mayor Don Vanney had nothing to report. Minutes of the City of Arlington City Council Workshop January 13, 2025 Page 3 of 3 COMMENTS FROM COUNCILMEMBERS Councilmember Michele Blythe thanked North County Regional Fire Authority Deputy Chief of Operations Dave Kraski for supporting California with the fires. Councilmember Jan Schuette announced that Governor-elect Bob Ferguson will be sworn in next Wednesday and that she and Councilmember Heather Logan will be attending the Governor’s Inauguration Ball. COUNCILMEMBER REPORTS None. PUBLIC COMMENT Kevin Duncan, Arlington, provided comment about the proposed transmission lines on airport property and removing of trees. He provided a handout for Councilmembers to view. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following items on the consent agenda for the January 21 Council meeting: 1. Contract with Feldman and Lee, P.S. for Public Defender Services 2. Contract with Zachor, Stock and Krepps, Inc., P.S. for Prosecutor Services EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:48 p.m. _________________________________________ Don E. Vanney, Mayor City of Arlington Council Agenda Bill CA #2 Attachment January 21, 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 21st, 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 EFT Payments and Claims Checks #112392 through #112467 dated December 17th through December 30th for $1,352,201.89 Approval of EFT Payments and Claims Checks #112468 through #112483 dated January 1st through January 6th for $1,292,943.44 Approval of Payroll EFT Payments and Check #30413 through #30418 dated December 1st, 2024 through December 31st, 2024 in the amount of $1,476,976.29 City of Arlington Council Agenda Bill CA #3 Attachment COUNCIL MEETING DATE: January 21, 2025 Proposed contract with Feldman and 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 CA #4 Attachment January 21, 2025 Amendment No. 1 to the contract for prosecution services ATTACHMENTS: Amendment No. 1 to the Contract with Zachor, Stock and Krepps, Inc., P.S. for prosecution services DEPARTMENT OF ORIGIN 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 Amendment No. 1 to the contract with Zachor, Stock and Krepps, Inc., P.S. for prosecution services and authorize the Mayor to sign, pending legal review. {OER4902-3869-0830;1/13217.000001/} AMENDMENT (FIRST) TO CONTRACT FOR LEGAL SERVICES (Prosecuting Attorney for the City of Arlington) This Amendment to Contract for Legal Services (“Amendment ”) is entered into by and between the City of Arlington, a Washington code city (“City”), and Zachor, Stock & Krepps, Inc., P.S., a Washington personal services corporation (“Prosecuting Attorney”). Whereas, the City and the Prosecuting Attorney entered into a Contract for Legal Services (“Contract”) for prosecution on September 21, 2021; and Whereas, the original Contract term ended on December 31, 2023; and Whereas, the City and the Prosecuting Attorney entered into an Addendum to Contract for Legal Services (“Addendum”) that, among other things, extended the term of the Contract through December 31, 2026; and Whereas, on August 23, 2024, the Prosecuting Attorney requested an increase in the contract base rate due to unanticipated increases in the costs of providing prosecution services; and Whereas, the parties agree that the base rate should be increased beginning in January 2025 as set forth in this Amendment. Now Therefore, in consideration of the mutual promises, terms and conditions of the Contract and the Addendum, the parties amend the Contract and Addendum as follows: 1.The Contract and the Addendum are incorporated herein by this reference. 2.Effective January 2025, the base rate is increased from $20,135.88 to $21,905.88 per month. 3. Except for the change to the base rate noted in this Amendment, all other terms, conditions, and provisions of the Contract and the Addendum shall remain in full force and effect. In Witness Whereof the Parties have executed this agreement on the 21st day of January, 2025. Don E. Vanney, Mayor APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Oskar Rey, WSBA #21990 ATTEST/AUTHENTICATED ___ Wendy Van Der Meersche, City Clerk ZACHOR, STOCK & KREPPS, Inc., P.S. ___ James M. Zachor, WSBA #41688 President {OER4902-3869-0830;1/13217.000001/} 4902-3869-0830, v. 1 City of Arlington Council Agenda Bill NB #1 Attachment January 21, 2025 Resolution Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: students, teachers, and staff of the school district. The City Council believes that a community’s support for its students as reflected by school facilities is critical to the quality of life in a community and to the community’s own sense of pride, and that our community’s quality of life would be improved dramatically if adequate school facilities are provided to our children. resolution. RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON SUPPORTING THE EFFORTS OF THE ARLINGTON SCHOOL DISTRICT TO PROVIDE SAFE LEARNING FACILITIES AND ENCOURAGING ELIGIBLE VOTERS TO VOTE IN THE FEBRUARY 11, 2025 ELECTION WHEREAS, the Arlington City Council fully supports the Arlington School District in providing a safe learning facility for the students, teachers, and staff of the school district; WHEREAS, as stewards of the resources of the taxpayers of the city, the Arlington City Council feels a responsibility to acknowledge the needs of the Arlington School District; and WHEREAS, at the February 11, 2025 special election, the School District is presenting two levy propositions: a renewal of an expiring Educational Programs and Operations Levy and a renewal of a Capital Levy for Health, Safety, Infrastructure and Facility Improvements; and WHEREAS, the City Council believes that a community’s support for its students as reflected by school facilities is critical to the quality of life in a community and to the community’s own sense of pride, and that our community’s quality of life would be improved dramatically if adequate school facilities are provided to our children; and WHEREAS, at the January 21, 2025 City Council meeting, the potential adoption of a resolution in support of the levies was duly noted, and opponents given an approximately equal time to present opposing viewpoints as required by RCW 42.17A.555; and WHEREAS, after consideration of all input, the Council believes adoption of this resolution to be in the best interests of the citizens of Arlington; NOW THEREFORE, be it resolved by the City Council of the City of Arlington, as follows: 1. The City Council supports the efforts of the Arlington School District to provide safe learning facilities for its students and encourages all eligible voters to participate and vote in the special election on February 11, 2025. APPROVED by the Mayor and City Council of the City of Arlington this 21st day of January, 2025. CITY OF ARLINGTON ________________________________ ATTEST: Don E. Vanney, Mayor _____________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ______________________________ Oskar Rey, City Attorney City of Arlington Council Agenda Bill NB #2 Attachment January 21, 2025 Low Bid Award for 74th Avenue Trail Project Certified Bid Tab Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $1,230,230.00 BUDGET CATEGORY: Transportation Imp Fund/TBD Fund BUDGETED AMOUNT: $1,230,230.00 (2024-2025) 2025 via amendment due to project delay LEGAL REVIEW: DESCRIPTION: Low bid award for the 74th Avenue Trail Project. The City of Arlington is working on providing the community with a comprehensive multiuse 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. ALTERNATIVES: Remand to staff for additional information. I move to award the 74th Avenue Trail Project to Reece Construction in the amount of $1,230,230.00, pending final approval of the Reece bid by WSDOT; to amend the 2025 budget accordingly to fund the project, and to authorize the Mayor to sign the construction contract. City of Arlington Council Agenda Bill NB #3 Attachment January 21, 2025 Low Bid Award for Division / Broadway Restoration Project Certified Bid Tab Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $1,290,092.00 BUDGET CATEGORY: N/A BUDGETED AMOUNT: $0 will need amendment in 2025 budget due to project delay LEGAL REVIEW: DESCRIPTION: Low Bid Award 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. That 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, 2025. ALTERNATIVES: I move to award the Division Broadway Restoration Project to Reece Construction in the amount of $1,290,092.00, pending final approval of the Reece bid by WSDOT; to amend the 2025 budget accordingly to fund the project, and to authorize the Mayor to sign the construction contract.