HomeMy WebLinkAbout07-06-10 Council Meeting
Arlington City Council
*Tuesday July 6, 2010 - 7 PM
City Council Chambers
110 E. Third
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
-Cornerstone Award ~ Arlington Pharmacy
PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda.
Please limit remarks to three minutes
CONSENT AGENDA
1. Minutes of the June 21 & 28, 2010 meetings ATTACHMENT A
2. Accounts Payable
3. 67th Phase III – 30% Design Contract with HDR, Supplement # 2 no cost ATTACHMENT B
modification of contract and extension of completion date to December 2010.
PUBLIC HEARING
UNFINISHED BUSINESS
NEW BUSINESS
1. Appointment of new Library Board members: ATTACHMENT C
Mandy Ingram, Kelly Penny and Crystal King, 5-year terms to 4-1-2015
2. Resolution Rejecting all bids from the Gifford Sidewalks Project ATTACHMENT D
and authorizing staff to re-bid the project
3. Smokey Point Boulevard Overlay Project – Bid Results and ATTACHMENT E
Authority to Award
4. Professional Services Agreement with J. Rankin ATTACHMENT F
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To download all attachments, click here
DRAFT
Page 1 of 3
Council Chambers
110 East Third
June 21, 2010
City Council Members Present by Roll Call: Dick Butner Sally Lien, Marilyn Oertle, Chris Raezer,
Linda Byrnes, and Steve Baker
Council Members Absent: Scott Solla- excused
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, David Kuhl, Fire Chief Jim
Rankin, Jan Bauer, Steve Peiffle – City Attorney
Also Known to be Present: Adam Rudnick – Arlington Times; Walt Riebe, Distinguished Senior Citizen
– Ray Haman, and Kari Ilonummi
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a
unanimous vote.
APPROVAL OF THE AGENDA
There was no one in the audience who wished to speak to matters not on the Agenda.
PUBLIC COMMENT
Steve Baker moved and Steve Baker seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
CONSENT AGENDA
1. Minutes of the June 7 and 14 meetings
2. Accounts Payable
Claims Checks #70000 through #70173 in the amount of $1,505,463,34
3. One Year Extension to the Arlington and Snohomish County Traffic Mitigation Agreement for the
North County Recycling & Transfer Stations
There was no Public Hearing.
PUBLIC HEARING
There was no Unfinished Business.
UNFINISHED BUSINESS
NEW BUSINESS
City Attorney Steve Peiffle gave brief information on the proposed property purchase. He then answered
Council questions.
Property Purchase at 173rd Street NE
Dick Butner moved to authorize the Mayor to sign the purchase and sale agreement, also the closing
documents, in a form acceptable to the City Attorney, between Yasuko Conner and the City of Arlington
for purchase of the property located at 173rd and Smokey Point Blvd. Chris Raezer seconded the motion
that passed with a unanimous vote.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT June 21, 2010
Page 2 of 3
Fire Chief Jim Rankin gave a brief synopsis of the Services.
ILA for Fire Investigation Services
Sally Lien moved to approve the Inter-Local Agreement for Fire Investigative Services and authorize the
Mayor to sign the Agreement. Marilyn Oertle seconded the motion that passed with a unanimous vote.
Finance Director Jim Chase spoke to the proposed Financial Software Package.
Purchase of New Financial Software Package
Marilyn Oertle moved to authorize the purchase of the BIAS Software Program. Sally Lien seconded the
motion that passed with a unanimous vote.
Assistant City Administrator Kristin Banfield addressed the proposed dog license fee. She then answered
Council questions. The senior owner reduced rate would begin at age 61. A lengthy discussion followed
regarding altering, micro chipping, lifetime licenses, and a reduced rate for senior citizen owners.
Resolution Adopting a Fee Schedule for Dog Licenses
Steve Baker moved to adopt the proposed Resolution adopting dog licensing fees. Sally Lien seconded
the motion that passed with a unanimous vote.
Kristin Banfield noted that these revisions have been presented to the Council in the past, and asked for
Council approval.
Ordinance Adopting AMC Title 15
Steve Baker moved to adopt the presented Ordinance amending and repealing certain sections of
Arlington Municipal Code Title 15 relating to fire regulations. Dick Butner seconded the motion that
passed with a unanimous vote.
Ms. Banfield noted that these revisions had been reviewed at the last Council Workshop.
Ordinance Adopting AMC Title 16
Steve Baker moved to adopt the presented Ordinance amending and repealing certain sections of
Arlington Municipal Code Title 16 relating to building and construction regulations. Sally Lien seconded
the motion that passed with a unanimous vote.
City Administrator Allen Johnson displayed the effluent from the new Wastewater Treatment system and
he asked the Council to look at this very clear liquid.
ADMINISTRATOR & STAFF REPORTS
Mayor Larson reported on events she had recently attended.
MAYOR’S REPORT
Dick Butner, Sally Lien, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker gave brief reports.
CITY COUNCIL COMMITTEE REPORTS
City Attorney announced the need for a 20-minute Executive Session to review collective bargaining
negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement
[RCW 42.30.140(4)]. No action will be taken during or after the Executive Session.
EXECUTIVE SESSION
The Council recessed into Executive Session at 7:55PM with a 5-minute break to be taken beforehand.
The meeting was reconvened at 8:19PM.
RECONVENE
Minutes of the City of Arlington City Council Meeting DRAFT June 21, 2010
Page 3 of 3
With no further business to come before the Council, the meeting was adjourned at 8:19PM.
ADJOURNMENT
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third
June 28, 2010
City Council Members Present: Dick Butner Sally Lien, Linda Byrnes, Marilyn Oertle, Chris Raezer,
Scott Solla, and Steve Baker
Council Members Absent: There were no Council members absent.
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, Rob Putnam,
Cristy Brubaker, Julie Good, Jan Bauer, Steve Peiffle – City Attorney
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a
unanimous vote.
APPROVAL OF THE AGENDA
AMC Title 14 – Update of Airport Portion
WORKSHOP ITEMS ~ NO ACTION WAS TAKEN
Airport Manager Rob Putnam gave a brief review on particular items that had been changed in the
Update. Throughout his presentation Mr. Putnam answered Council questions. This will be addressed by
Council on July 19.
Mr. Putnam noted the changes of property that would be acquired. Throughout the presentation Mr.
Putnam answered Council questions. This will be addressed on July 19.
Airport Property Acquisition
Public Works Director Jim Kelly, assisted by Cristy Brubaker for all of his presentations, discussed the
reason for rejecting all bids involving PercoCrete and going for a rebid with of the project using standard
concrete sidewalk specifications. This should be ready for Council to addressed as soon as possible.
Resolution Rejecting all bids from the Gifford sidewalk project and authorizing staff to re-bid the
project
Jim Kelly spoke to the Six-Year Transportation Improvement Plan which was distributed prior to the
meeting, and he noted that the changes were highlighted in red. At the end of the presentation Mr. Kelly
answered Council questions.
Six Year Transportation Improvement Plan 2011-2016
Jim Kelly addressed the Smokey Point Overlay Project, discussing the bid results. Throughout the
presentation he answered Council questions. This will be addressed on July 6 Consent Agenda.
Smokey Point Boulevard Overlay Project – Bid Results
Mr. Kelly distributed the latest water report to City residents.
Assistant City Administrator Kristin Banfield reviewed the changes in the Professional Services
Agreement with Chief Rankin, beginning July 6 and going through December or whenever the new Chief
is on board. Discussion followed. This will be reviewed on July 6.
Professional Services Agreement with J. Rankin
Minutes of the Arlington
City Council Workshop Meeting
Minutes of the City of Arlington City Council Meeting DRAFT DATE, 2010
Page 2 of 2
Marysville’s Mayor Kendal is stepping down from his job very soon.
Miscellaneous Council items
The meeting was adjourned at 7:51PM.
___________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #3
ATTACHMENT B
COUNCIL MEETING DATE:
July 6, 2010
SUBJECT:
HDR Engineering Contract for 67th Avenue
Reconstruction Project Phase III 30% Design –
Supplement #2 to Contract
DEPARTMENT OF ORIGIN:
Public Works Administration
ATTACHMENTS:
• Supplement #2
EXPENDITURES REQUESTED: No additional expenditure
BUDGET CATEGORY: Transportation Improvement
LEGAL REVIEW: City Attorney has reviewed and approved
DESCRIPTION: Council is being asked to approve Supplement #2 to the Contract with HDR
Engineering for the Preliminary Design Work on the 67th Avenue Reconstruction Project Phase III
and authorize the Mayor to sign on behalf of the City.
HISTORY: In May of 2009 Council authorized staff to contract with HDR Engineering for
Completion of a 30% design for Phase III reconstruction of 67th Avenue NE from 204th Street NE to
Olympic Avenue and West Avenue. Supplement #1 was previously approved and provided for
analysis of alternative trail alignments. Supplement #2 is a no cost adjustment extending the date of
completion to December 31, 2010 and adjusting some minor elements of the work scope.
This project is funded through grant funding and transportation mitigation.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION: Motion to approve and authorize the Mayor to sign Supplement #2 to
the HDR Engineering Contract for 67th Avenue Reconstruction Project Phase III 30% Design.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT C
COUNCIL MEETING DATE:
July 6, 2010
SUBJECT:
Appointments of Mandy Ingram, Kelly
Penny and Crystal King to the Library
Board
DEPARTMENT OF ORIGIN:
Executive
ATTACHMENTS:
-Applications
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
N/A
DESCRIPTION:
On June 3, 2010, five applicants were interviewed for the three vacant volunteer positions on the
Library Board. Panel members were Paul Ellis, Karen Highum (outgoing Library Board Chair,
Tom Monroe, Library Board member and Kathy Bullene, Arlington Librarian. These open
positions were advertised on the City’s website, TV 21 and in the newspapers.
At the conclusion of the interview process, the panel unanimously recommended to Mayor
Larson the appointment of Mandy Ingram, Kelly Penny and Crystal King to five- year terms,
ending on April 1, 2015.
HISTORY:
The Library Board positions are five-year terms and these had been vacated as of April 1, 2010
by those members who were not eligible to serve another term.
ALTERNATIVES:
Do not approve the applicants for Library Board.
RECOMMENDED MOTION:
I move Council appoint Mandy Ingram, Kelly Penny and Crystal King to the Library Board to
April 1, 2015.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #2
ATTACHMENT D
COUNCIL MEETING DATE:
July 6, 2010
SUBJECT:
Resolution Rejecting all bids from the
Gifford Sidewalks project and authorizing
staff to re-bid the Project
DEPARTMENT OF ORIGIN:
Public Works Administration
ATTACHMENTS:
• Resolution
EXPENDITURES REQUESTED: Engineer’s Estimate $ 103,500.
BUDGET CATEGORY: ARRA Grant Funding (Stimulus) and
Transportation Improvement Fund –
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: Council is being asked to approve the attached resolution for adoption. This
project was bid as noted below under history. However – because of product delivery issues
specified in the bid documents, it has been determined that it would be in the best interest of
the City to reject all bids and re-bid the project using standard concrete sidewalk
specifications.
HISTORY: On February 11, 2010 bids were opened bids for this project and the apparent low
bidder was R Custom Excavation. Council awarded the project to R Custom Excavation on
March 1, 2010 and contract documents were executed followed by a Conditional Notice to
Proceed. It has since become apparent that delivery cannot be achieved by the Contractor for
the PercoCrete product as specified and has resulted in a withdrawal of the conditional notice
to proceed.
The project was redesigned using traditional concrete and is ready for rebidding. This project
consists of installing f approximately 1600 linear feet of 5 foot wide concrete sidewalks on
Gifford Ave between 1st St and 3rd St. This project is funded with a $92,000.00 ARRA Grant
and Traffic Mitigation monies. The re-bid of the project will not affect the Grant funding.
City of Arlington
Council Agenda Bill
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
Motion to approve the resolution rejecting all bids from the Gifford Sidewalk Project and
authorize staff to re-bid the Project.
1
RESOLUTION NO. 2010-XXX
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON
WITHDRAWING THE CONTRACT AWARD TO R CUSTOM EXCAVATION,
REJECTING ALL BIDS ON THE GIFFORD AVENUE SIDEWALK PROJECT, AND
AUTHORIZING THE PROJECT TO BE RE-BID
WHEREAS, the City of Arlington solicited bids for a project known as the City of
Arlington Gifford Avenue Sidewalk Project (hereinafter the “Project”); and
WHEREAS, the City opened the bids, awarded the contract to R Custom
Excavation of Port Orchard, WA, and submitted a conditional notice to proceed on May
5, 2010; and
WHEREAS, the job specifications specifically directed the use of Percocrete
permeable concrete “or approved equal”; and
WHEREAS, no supplier is currently able to provide Percocrete permeable
concrete or “any approved equal” to supply the project; and
WHEREAS, as a result neither R Custom Excavation nor any other bidder is able
to complete the project under the bid specifications as presented;
NOW, THEREFORE, the City Council of the City of Arlington, Washington do
hereby resolve as follows:
1. The City Council finds as follows:
a. The City of Arlington sought qualified contractors to bid on the
Project;
b. The bid specifications required the installation of Permeable
Cement Concrete Sidewalk for the Project using the concrete
admixture called Percocrete “or approved equal”;
c. At its March 1, 2010 City Council meeting, the City Council
awarded the contract to R Custom Excavation for the Project as the
apparent low responsible bidder;
d. No supplier in the vicinity is willing or presently able to provide
Permeable Cement Concrete Sidewalk for the Project which
complies with the bid specifications;
e. Consequently R Custom Excavation is not able to complete the
2
Project as bid;
f. No other bidder is able to complete the Project as bid due to the
unavailability of the concrete admixture called Percocrete “or
approved equal”;
g. The Project cannot currently be completed as bid; and
h. The Project should be rebid with different bid specifications.
2. Based on the foregoing findings, the City Council hereby declares as
follows:
a. The City Council hereby withdraws its award of the contract to R
Custom Excavations for the Gifford Avenue Sidewalk Project due to
that company’s inability to complete the project as bid; and
b. The City Council hereby rejects all bids submitted for the Project;
and
c. City staff is authorized and directed to prepare new bid
specifications for the Project and to re-bid the Project once new
specifications are prepared.
APPROVED by the Mayor and City Council of the City of Arlington this ______
day of July, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #3
ATTACHMENT E
COUNCIL MEETING DATE:
July 6, 2010
SUBJECT: Smokey Point Boulevard
Overlay Project – Bid Results and
Award
DEPARTMENT OF ORIGIN:
Public Works
ATTACHMENTS:
• Bid Tab
EXPENDITURES REQUESTED: Not to Exceed $ 50,000.00
BUDGET CATEGORY: Transportation Improvement Fund (310)
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: Staff has reviewed the attached results of the June 18, 2010 Bid Opening
– Six bids were received and the apparent low bidder is Northwest Asphalt of Renton,
Washington with a bid of $184,884.26, which includes the base bid and Alternates 1 & 2.
HISTORY: On May 17, 2010 Council gave staff the authority to bid this project. In 2009
the Stillaguamish Tribe received a $145,000 federal grant from the American
Reinvestment and Recovery Act (ARRA) for the maintenance and upgrades to Arlington
roads that are listed on the Indian Reservation Road (IRR) inventory. The Stillaguamish
and the City have jointly determined that Smokey Point Blvd. between 175th St. and
184th St. as the IRR road in greatest need of repair. The ARRA funding is provided to
the Stillaguamish through the Federal Highways Administration (FHWA), and the
Stillaguamish is contracting with the City to perform the work. The City prepared the
project bid documents and the bid is as follows:
$ 184,884.26 Construction Costs (ARRA funding)
$ 5,000.00 Material Testing & Cert (COA funding)
$ 189,884.26 Total Estimated Project Cost
$ 145,000.00 Stillaguamish Tribe (ARRA funding)
$ 44,884.26 City of Arlington (Transportation Improvement Fund)
ALTERNATIVES:
- Remand to staff for additional information
- Table pending further discussion
RECOMMENDED ACTION:
Motion to award the Smokey Point Boulevard Overlay Project to Northwest Asphalt for
a bid amount of $184,884.26, which includes the base bid and Alternates 1 & 2.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #4
ATTACHMENT F
COUNCIL MEETING DATE:
July 6, 2010
SUBJECT:
Authorize the Mayor to sign a Professional
Services Contract with J. Rankin
DEPARTMENT OF ORIGIN:
Executive
CONTACT: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Professional Services Contract with Jim Rankin
EXPENDITURES REQUESTED: $75 per hour
BUDGET CATEGORY: Current Expense – Fire
LEGAL REVIEW: City Attorney prepared professional services
contract
DESCRIPTION:
In April, Fire Chief Jim Rankin announced his retirement from the City, effective July 1, 2010.
Council is also requested to authorize the Mayor to sign a Professional Services Contract for
services with Mr. Rankin during the time the City is searching for a Fire Chief. The contract
allows for the City to tap into Jim’s expertise through December 31, 2010.
HISTORY:
Mr. Rankin began working for the City in October 2005. His employment contract with the City
was extended in December 2008.
ALTERNATIVES:
- Do not authorize the Mayor to sign the Professional Services Contract with Mr. Rankin.
RECOMMENDED MOTION:
I move that Council authorizes the Mayor to sign the Professional Services Agreement with Mr.
Rankin.
PROFESSIONAL SERVICES
AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into in duplicate this ____ day of
______________, 2010, by and between the CITY OF ARLINGTON, a Washington municipal
corporation, hereinafter referred to as the "CITY" and James L. Rankin
, hereinafter referred to as
the "SERVICE PROVIDER."
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the SERVICE PROVIDER represents that the SERVICE PROVIDER is
qualified and possesses sufficient skills and the necessary capabilities, including technical and
professional expertise, where required, to perform the services and/or tasks set forth in this
Agreement.
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 "Services").
2. Term
.
The Services shall begin on July 6, 2010, and shall be completed no later than December 31,
2010
, unless sooner terminated according to the provisions herein.
3. Compensation And Method of Payment
.
3.1 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.
3.2 No payment shall be made for any service rendered by the SERVICE PROVIDER
except for services identified and set forth in this Agreement.
PROFESSIONAL SERVICES
AGREEMENT 2
3.3 The CITY shall pay the SERVICE PROVIDER for work performed under this
Agreement as follows: SERVICE PROVIDER shall submit monthly invoices
detailing work performed and expenses for which reimbursement is sought.
CITY shall approve all invoices before payment is issued. Payment shall occur
within thirty (30) days of receipt and approval of an invoice.
3.4 City shall pay SERVICE PROVIDER for such services:
Hourly: $ 75.00 per hour
for all work performed plus expenses incurred under
this Contract.
4. Reports And Inspections
.
4.1 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.
4.2 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.
5. Independent Contractor Relationship
.
5.1 The parties intend that an independent SERVICE PROVIDER/CITY 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. No agent, employee,
servant or representative of the SERVICE PROVIDER shall be deemed to be an
employee, agent, servant or representative of the CITY for any purpose, and the
employees of the SERVICE PROVIDER are not entitled to any of the benefits the
CITY provides for its employees. The SERVICE PROVIDER will be solely and
entirely responsible for its acts and for the acts of its agents, employees, servants,
subcontractors or representatives during the performance of this Agreement.
5.2 In the performance of the services herein contemplated the SERVICE
PROVIDER is an independent contractor with the authority to control and direct
the performance of the details of the work, however, the results of the work
contemplated herein must meet the approval of the CITY and shall be subject to
the CITY'S general rights of inspection and review to secure the satisfactory
completion thereof.
6. Hold Harmless/Indemnification
.
6.1 Consultant shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts,
errors or omissions of the Consultant in performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City.
6.2 No liability shall attach to the CITY by reason of entering into this Agreement
except as expressly provided herein.
7. Use of City Vehicle
.
7.1 SERVICE PROVIDER shall, as a condition of this contract, be able to meet the
driver approval standards established under City of Arlington personnel policy #2-10.
SERVICE PROVIDER shall at all times under this contract maintain a valid Washington State
Driver’s License and produce proof of same upon demand by the City.
7.2 SERVICE PROVIDER shall, in addition to meeting approval requirements,
exercise due diligence to drive safely and to maintain the security of the vehicle and its contents.
7.3 SERVICE PROVIDER shall not use a City vehicle for non business purposes
unless with the approval of their supervisors. Non-business passengers are prohibited from
riding in City of Arlington vehicles without prior approval.
7.4 SERVICE PROVIDER shall not operate any City of Arlington vehicle at any time
or operate any personal vehicle while on City of Arlington business while using, consuming or
under the influence of alcohol, illegal drugs, or prescription medications or over the counter
medications that may affect their ability to drive. The City of Arlington has a zero tolerance
policy prohibiting operators of vehicles from drinking alcohol, consuming illegal drugs, and
taking prescription medications that affect ability to drive, and driving.
7.5 If the SERVICE PROVIDER is involved in any accident while operating a City
vehicle or while on City business, SERVICE PROVIDER shall immediately report the accident
to the police agency with jurisdiction, and shall report the same to the City and the Washington
Cities Insurance Authority (WCIA) claims department within twenty-four (24) hours of the
accident.
8. Treatment 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.
9. Compliance with Laws
.
9.1 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, and any other standards or criteria as
described in this Agreement to assure quality of services.
9.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and
occupation (B & O) taxes which may be due on account of this Agreement.
10. Nondiscrimination
.
10.1 The CITY is an equal opportunity employer.
10.2 Nondiscrimination in Employment. In the performance of this Agreement, the
SERVICE PROVIDER will not discriminate against any employee or applicant
for employment on the grounds of race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap; provided
that the prohibition against discrimination in employment because of handicap
shall not apply if the particular disability prevents the proper performance of the
particular worker involved. The SERVICE PROVIDER shall ensure that
applicants are employed, and that employees are treated during employment
without discrimination because of their race, creed, color, national origin, sex,
marital status, age or the presence of any sensory, mental or physical handicap.
Such action shall include, but not be limited to: employment, upgrading, demotion
or transfers, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and programs for training including
apprenticeships. The SERVICE PROVIDER shall take such action with respect to
this Agreement as may be required to ensure full compliance with local, state and
federal laws prohibiting discrimination in employment.
10.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate
against any recipient of any services or benefits provided for in this Agreement on
the grounds of race, creed, color, national origin, sex, marital status, age or the
presence of any sensory, mental or physical handicap.
10.4 If any assignment and/or subcontracting has been authorized by the CITY, said
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.
11. Assignment/subcontracting
.
11.1 The SERVICE PROVIDER shall not assign its performance under this
Agreement or 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.
11.2 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.
11.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
12. Changes
.
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.
13. Maintenance and Inspection of Records
.
13.1 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.
13.2 The SERVICE PROVIDER shall retain all books, records, documents and other
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.
14. 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, agreement can not be reached,
this Agreement may be terminated by the City no sooner than sixty (60) days thereafter.
15. Termination
.
15.1 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.
15.2 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.
16. Notice
.
Notice provided for in this Agreement shall be sent by certified mail to the addresses designated
for the parties on the last page of this Agreement.
17. 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.
18. Jurisdiction and Venue
.
18.1 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.
18.2 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.
19. Severability
.
19.1 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.
19.2 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.
20. 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.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY: SERVICE PROVIDER:
CITY OF ARLINGTON JAMES L. RANKIN
___________________________ ____________________________
Margaret Larson, Mayor James L. Rankin, Sole Proprietor
Attest:
____________________________
Kristin Banfield, City Clerk
Address for Notification Purposes:
CITY
City of Arlington James L. Rankin
SERVICE PROVIDER
Attn: City Clerk 17425 81st Dr NE
238 N Olympic Ave Arlington, WA 98223
Arlington, WA 98223