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HomeMy WebLinkAbout10-15-2012_Council Meeting Arlington City Council October 15, 2012 – 7 PM City Council Chambers 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 1. Swearing in of Officers Mark Wilde and Russ Larson PROCLAMATIONS 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 October 1 and October 8, 2012 Council Meetings ATTACHMENT A 2. Accounts Payable 3. Short-Term Interfund Loans ATTACHMENT B 4. Resolution Supporting Commercial Passenger Air Service at Snohomish County Airport Paine Field ATTACHMENT C PUBLIC HEARING NEW BUSINESS 1. Airport Building 75B Roofing Project ATTACHMENT D 2. Authorization for the Mayor to sign a Memorandum of Understanding with IAFF Local No. 3728 ATTACHMENT E 3. Authorization for the Mayor to sign a Contract with Strategies 360 for State & Federal Lobbying Services ATTACHMENT F 4. Ordinance amending the Arlington Municipal Code regarding the Small Works Roster ATTACHMENT G SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. 5. Resolution establishing a small public works roster process to award public works contracts, and a consulting services roster for architectural, engineering and other professional service ATTACHMENT H 6. Authorization for the Mayor to sign a Contract with MRSC to provide Small Works & Consultant Roster services ATTACHMENT I DISCUSSION ITEMS 1. Transportation Benefit Districts INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT To review all attachments, click here. DRAFT Page 1 of 2 Council Chambers 110 East Third October 1, 2012 City Council Members Present by Roll Call: Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Tolbert, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Jim Kelly, Eric Scott, Police Officers Tachell, Christou, Hargroves, and Jenness, Maxine Jenft, Monica Schlagel, Debbie Strotz, Jan Bauer, and Steve Peiffle – City Attorney Also Known to be Present: Charles Van Pelt – Library Board, Kathy Bullene – Arlington Librarian, Sarah Arney – North County Outlook, Mike Hopson – Airport Commission, Maxine Jenft, and Kirk Boxleitner – Arlington Times Mayor Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Marilyn Oertle moved to approve the Agenda with the removal of Attachment H - Authorization for the Mayor to sign a Memorandum of Understanding with IAFF Local 3728, New Business Item number 2. Randy Tendering seconded the motion which passed with a unanimous vote. PROCLAMATIONS 1. Fire Prevention Week, October 7 through 13 - The Fire Prevention Week Proclamation was jointly read by Officer Hargroves and Mayor Tolbert. 2. Recognizing and Honoring the Many Contributions Made by Sno-Isle Libraries for the Past 50 Years - Mayor Tolbert read the proclamation and Librarian Kathy Bullene gave a brief informational talk on the upcoming celebration at the Arlington Library. 3. National Breast Cancer Awareness Month - Assistant City Administrator Kristin Banfield and Mayor Tolbert read the proclamation. PUBLIC COMMENT There was no one in the audience who wished to speak to matters not on the Agenda. CONSENT AGENDA Marilyn Oertle moved and Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the September 17 and September 24, 2012 Council Meetings 2. Accounts Payable EFT Payments and Payroll Checks #27662 through #27639 dated September 1, 2012 through September 30, 2012 in the amount of $1,121,646.46, and EFT Payments and Claims Checks #77676 through #77763 for the period of September 18, 2012 through October 1, 2012 in the amount of $511,654.59 3. Approval of Street Closure Request for 1st Street between French and Olympic from 1pm to 3pm on October 27th for the annual Punkin Roll 4. Authority to apply for Snohomish County Tourism Promotion Projects Assistance Program Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT October 1, 2012 Page 2 of 2 PUBLIC HEARING There was no Public Hearing. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS 60% Annexation Petition for the Country Charm Annexation With the use of a power point presentation Economic and Community Development Director Paul Ellis located and then gave a brief history of the Country Charm property. Marilyn Oertle moved to accept the 60% Petition to Annex for Country Charm Annexation and approve the Resolution directing staff to prepare and forward the 60% Petition and related materials to the Snohomish County Boundary Review Board for Review. Debora Nelson seconded the motion that passed with a unanimous vote. DISCUSSION ITEMS Presentation on Transportation Benefit Districts Public Works Director Jim Kelly distributed information on taking care of city streets, The Hole Story by David Bergner and Michael Hale. With the use of a power point presentation Mr. Kelly gave a presentation on the creation of a Transportation Benefit District, how it would be developed, and how it could benefit the City of Arlington. Throughout the presentation Mr. Kelly addressed Council questions and a lengthy discussion followed. This discussion will continue to another meeting where further information on dollars would be made available. INFORMATION City Administrator Allen Johnson noted that he will be gone the rest of this week on vacation. COUNCIL MEMBER and MAYOR REPORTS – OPTIONAL Ken Klein and Mayor Tolbert gave a brief report, while Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, and Steve Baker had nothing to report at this time. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:53PM. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 3 Council Chambers 110 East Third Street October 8, 2012 Dick Butner, Randy Tendering, Marilyn Oertle, Chris Raezer, Ken Klein, Steve Baker, Mayor Tolbert, Allen Johnson, Jim Chase, Fire Chief Bruce Stedman, Jim Kelly, Dale Carman, Jan Bauer, and Steve Peiffle – City Attorney Council Members Absent: Debora Nelson Also Known to be Present: Mike Hopson – Airport Commission, Sarah Arney – North County Outlook, Curt Hecla and Jan Schuette Mayor Tolbert called the meeting to order at 7:00PM. Marilyn Oertle moved to approve the Agenda, and Randy Tendering seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. Airport Building 75B Roofing Project Dale Carman addressed the airport building proposed to be reroofed. He gave a history of the area buildings and noted that all have been evaluated for use/or not. This building has the least amount of work needed. Revenue from the buildings is being used to refurbish those buildings. This request will soon be addressed by the Airport Commission. Mr. Carman answered Council questions during his presentation. Contract with Strategies 360 for State & Federal Lobbying Service City Administrator Allen Johnson briefly spoke to the Contract. The Council asked questions and discussed the issue. Short-Term Interfund Loan Finance Director Jim Chase briefly reviewed the loans in question. He then answered Council questions. Presentation on 2013 Budget With the use of a power point presentation Mr. Chase spoke to the Transportation Benefit District as a means to develop long term funding for Arlington’s transportation. He reviewed present City revenue sources and City expenses and addressed the next steps, which is to determine the 2013 Property Tax Levy. The 2013 budget does not include dollars for pavement preservation. Throughout and at the conclusion of his presentation Mr. Chase answered Council questions. Transportation Benefit District Follow Up Public Works Director Jim Kelly noted the Pavement Management and Transportation Benefit District presentations previously given and answered questions on those presentations. He then answered Council questions and addressed Council concerns. The Council discussed Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting October 8, 2012 Page 2 of 3 forming a TBD which, if not used, would then be in place for future possibilities. Also questioned was out the road quality assessment would be concluded regarding the pavement preservation. Utility Rate Study Follow Up Mr. Jim Kelly noted the previously presented Utility Rate Study regarding flow vs. fixed rate where it was recommended the rates remain as is. He then asked for Council questions and comments. Analysis of a planned rate increase will take place to determine the need and will then be presented to the Council in the future. Mr. Kelly noted an upcoming training on Understanding Utility Rate Setting which is scheduled for October 11. Small Works & Consultant Roster Mr. Kelly spoke to the advantages of the consultant and small works roster. He recommended moving forward into contract with MRSC to use their roster. Mr. Kelly answered Council questions and discussion followed. a. Contract with MRSC to provide service b. Resolution to establish a small public works roster process to award public works contracts, and a consulting services roster for architectural, engineering and other professional service c. Ordinance to update of AMC Sections 2.72.062 and 2.72.064 Miscellaneous Council Items Mayor Tolbert noted the request to support a resolution supporting commercial passenger air service at Paine Field. Discussion followed. A resolution will be prepared in support. PUBLIC COMMENT There was no member of the Public who wished to speak on matters on the Agenda. With no further business to come before the Council, the meeting was adjourned at 8:09PM ____________________________ Barbara Tolbert, Mayor Shorthand list of bases for executive session: Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] Consideration of real estate lease or purchase or price [RCW 42.30.110(1)(b)-(c)] Reviewing negotiations on performance of publicly bid contracts [RCW 42.30.110(1)(d)] Minutes of the City of Arlington City Council Meeting October 8, 2012 Page 3 of 3 To evaluate complaints brought against a public officer or employee [RCW 42.30.110(1)(f)] To evaluate the qualifications of an applicant for public employment [RCW 42.30.110(1)(g)] To review the performance of a public employee [RCW 42.30.110(1)(g)] To evaluate qualifications of a candidate for appointment to elective office [RCW 42.30.110(1)(h)] To review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)] Review of a quasi-judicial matter between named parties [RCW 42.30.140(2)] City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: October 15, 2012 SUBJECT: Short Term Interfund Loans ATTACHMENTS: Detail of Interfund Loans DEPARTMENT OF ORIGIN Finance Department, Jim Chase, Finance Director EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: At the end of July, the Equipment Rental Maintenance & Operations Funds needed an additional loan to prevent a negative month-end cash balance. At the end of August, the Emergency Medical Services Fund also needed a loan to prevent a negative month-end cash balance. In accordance with Ord. 2012-005, allowing the Finance Director to make such loans, the attached document (Exhibit 1) includes the loans made in July and August. HISTORY: Previous to the Interfund Loan Program, various funds of the City were allowed to have negative cash balance at the end of a month. With the Loan Program, funds which provide the loans are paid interest by the borrowing funds. ALTERNATIVES Do nothing and allow funds to go into the red, thereby taking advantage of other funds by “using” pooled funds and not paying interest. This could be in violation of RCW 43.09.210 which essentially states that no fund should unfairly benefit from another. RECOMMENDED MOTION: I move to approve the short term Interfund Loans made in July and August 2012, as presented by the Finance Director in Exhibit 1, and direct the loan be paid as soon as there are sufficient funds to do so. 2012 Interfund Loans Exhibit 1 Interest to be repaid at the Local Government Investment Pool monthly rate. FROM: Growth Fund Interest Payments Loan TO:Date Loan Amount Charges Interest Principal Balance General Fund 2/29/2012 92,700.00$ -$ -$ 92,700.00$ 3/31/2012 32,284.00 10.56$ - - 124,994.56 4/30/2012 - 14.45$ 25.01 124,984.00 - - - - - 124,984.00 Cause: Expect Property Tax Revenues in May to repay the loan FROM: Growth Fund Interest Payments Loan TO:Date Loan Amount Charges Interest Principal Balance Emergency Medical Services Fund 2/29/2012 65,500.00$ -$ -$ 65,500.00$ 3/31/2012 124,084.00 7.46$ - - 189,591.46 4/30/2012 26,672.00 23.37$ - - 216,286.83 5/31/2012 - 25.83$ 56.66 216,256.00 - - -$ - 8/31/2012 39,000.00 -$ 39,000.00 255,256.00 Cause: Expect Property Tax Revenues in May and November to repay the loan FROM: Equip Rental Replacement Fund Interest Payments Loan TO:Date Loan Amount Charges Interest Principal Balance Equipment Rental M & O Fund 2/29/2012 14,000.00$ -$ -$ 14,000.00$ 3/31/2012 6,662.00 1.59$ - - 20,663.59 4/30/2012 13,626.00 2.55$ - - 34,292.14 5/31/2012 12,332.00 4.10$ - - 46,628.24 6/30/2012 22,286.00 6.78$ - - 68,921.02 7/30/2012 1,840.00 10.13$ - - 70,771.15 8/31/2012 - 10.90$ - - 70,782.05 70,746.00 Cause: Annual Insurance bill paid in January and large Fire Truck repair bill paid in Feb. Maintenance & repairs on aging vehicles (primarily in Police, Fire and EMS) and gas prices continue to be an issue. Local Gov. Investment Pool Rate 1/31/2012 0.1213% 2/29/2012 0.1394% 3/31/2012 0.1367% 4/30/2012 0.1479% 5/31/2012 0.1433% 6/30/2012 0.1746% 7/30/2012 0.1764% 8/31/2012 0.1848% 9/30/2012 City of Arlington Council Agenda Bill Item: CA #4 Attachment C COUNCIL MEETING DATE: October 15, 2012 SUBJECT: Resolution Supporting Commercial Passenger Air Service at Snohomish County Airport (Paine Field) ATTACHMENTS: Resolution Supporting Commercial Passenger Air Service at Snohomish County Airport (Paine Field) DEPARTMENT OF ORIGIN Executive EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The City Council reviewed a draft resolution supporting commercial air passenger service at Paine Field at the October 8, 2012 Council workshop. The Council requested the item be placed on the October 15, 2012 Council meeting for action. HISTORY: Commercial passenger air service at Snohomish County Airport (Paine Field) has been debated heavily over the last 30 years. ALTERNATIVES RECOMMENDED MOTION: I move to approve the proposed Resolution supporting commercial air passenger service at Paine Field. RESOLUTION NO. 2012-XXX 1 RESOLUTION NO 2012-XXX A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON SUPPORTING COMMERCIAL PASSENGER AIR SERVICE AT SNOHOMISH COUNTY AIRPORT (PAINE FIELD) WHEREAS, travel times to Seattle-Tacoma International Airport have increased substantially; and WHEREAS, these substantial increases have continued to seriously impact Snohomish County citizens and businesses who rely on reasonable travel expectations, safety, expense, and minimal impact on productivity; and WHEREAS, Snohomish County Airport (Paine Field) has excellent aviation amenities and significant opportunities to provide all necessary requirements for passenger and cargo services to accommodate Snohomish County residents and their families’ travel; and WHEREAS, more importantly, Snohomish County Airport provides Snohomish County businesses and industry with the certainties needed to remain in Snohomish County, retain and expand employment to create new jobs, and to recruit new companies to the County to provide economic growth and jobs for county citizens; and WHEREAS, Snohomish County Airport, with three runways, the main one which is over 9,000 feet long, is utilized by highly accepted commercial airplanes of various types including those assembled by the respected Boeing Company; and WHEREAS, Snohomish County Airport’s use is approximately 40% of capacity with approximately 350 flights daily, and WHEREAS, commercial passenger air service, while providing important passenger and economic benefits to county residents and businesses, will have a minor impact on airport utilization; and WHEREAS, the Federal Aviation Administration in its letter to Snohomish County dated June 4, 2008, stated “… Grant assurances 22(a) requires the County to make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.”; and WHEREAS, with legal obligations, passenger air service must be allowed by Snohomish County and the County must negotiate in good faith regarding providing space for a terminal, a lease consistent with other airport users, and without unreasonable restrictions. RESOLUTION NO. 2012-XXX 2 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON that: 1. The City of Arlington supports commercial air service at Snohomish County Airport (Paine Field) and encourages the County Executive and the County Council to take all reasonable steps to develop a timely plan to negotiate agreement(s) with an air carrier(s) to provide commercial air service for the benefit of our County residents and businesses. 2. Further, we urge this action by the County’s elected officials for the following reasons to include: a. Making it safer and convenient for county residents and families to travel and avoid unnecessary travel hardships by utilizing Snohomish County Airport (Paine Field); b. Stimulating economic growth throughout our County; c. Helping to protect current employment and retain jobs and to create new employment opportunities; d. Providing an important part of a transportation solution to address challenging auto traffic congestion in our region which impacts our citizens. APPROVED by the Mayor and City Council of the City of Arlington this ______ day of October, 2012. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #1 Attachment D COUNCIL MEETING DATE: October 15, 2012 SUBJECT: Building 75B Roofing Project ATTACHMENTS: Location Map DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: $136,717.23 BUDGET CATEGORY: Capital Expenditures LEGAL REVIEW: DESCRIPTION: The project involves removal and replacement of the existing roofing material, insulation, flashing and gutters on building 75B (Pearson Millworks). The existing metal roof on building 75B is being replaced with a new 26 gauge standing seam metal roof. Additional work includes the removal and replacement of the existing metal siding on the west end of the building above the shed roof. This area of siding is being replaced due to excessive holes in the siding likely from the past installation of building signage. The existing standing seam metal roof on the south side of the building will not be replaced. It will be the responsibility of the contractor to tie in the new roof to the existing standing seam metal roof to ensure no water intrusion occurs where the two roofs join. Refer to the attached map for building location. HISTORY: At the September Airport Commission workshop staff discussed replacing the roof and the consensus at the workshop was to move forward with obtaining bids. In the latter part of September Airport Staff went out to bid to replace the roof on building 75B. Prior to staff putting the project out to bid, Pearson Millworks, the current tenant, indicated they wanted a new 5-year lease. In addition to having contractors provide a bid for overall replacement of the roofing material and gutters, contractors were asked to bid a per hour rate for the removal, disposal and replacement of any materials that may be found while in the process of replacing the roofing, flashing and capping. Staff contacted eleven companies off of the small works roster and one company provided a bid. OK Roofing, Inc provided a bid of $130,206.89. OK Roofing’s bid amount indicated above does not include the per hour cost for addressing damaged materials (OK Roofing provided a per hour cost of $80.00) and therefore staff is requesting approval up to $136,717.23 to provide for a 5% contingency. OK Roofing has completed roofing projects on building 57A and the Point Church and is currently replacing the roof on building 44. OK Roofing does good work. Currently, airport staff is estimating an ending fund balance in this year’s budget of $548,081 and those funds will be used for this roofing project. This item was discussed with City Council at a workshop on October 8th and was approved by the Airport Commission at their October 9th meeting. ALTERNATIVES Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDED MOTION: I move to accept the bid of OK Roofing for the Building 75B roofing project in the amount of $130,206.89, and to authorize the mayor to sign a contract with them for a not to exceed price of $136,717.23 to include the hourly cost of removal, disposal and replacement of damaged roofing. City of Arlington Council Agenda Bill Item: NB #2 Attachment E COUNCIL MEETING DATE: October 15, 2012 SUBJECT: Authorization for the Mayor to sign a Memorandum of Understanding with IAFF Local No. 3728 ATTACHMENTS: Memorandum of Understanding between the City of Arlington and IAFF Local No. 3728 DEPARTMENT OF ORIGIN Fire: Contact Bruce Stedman, 360-403-3601 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The City of Arlington and IAFF Local No. 3728, representing Arlington Firefighter- EMTs and Firefighter-Paramedics have reached tentative agreement on a Memorandum of Understanding (MOU) that achieves 6.5% salary savings to balance the 2013 budget. HISTORY: This agreement was reached after extensive negotiations between the two parties. ALTERNATIVES RECOMMENDED MOTION: I move to authorize the Mayor to sign the Memorandum of Understanding with IAFF Local No. 3728. MEMORANDUM OF UNDERSTANDING 2013 Budget Mitigation AGREEMENT By and between City of Arlington, Washington And IAFF, Local 3728 The City of Arlington (the City) and IAFF, Local 3728 (the Local) hereby enter into the following Memorandum of Understanding: BACKGROUND 1. The City’s Fire Department currently has a vacancy for a firefighter on B shift, and this vacancy cannot be filled in the immediate future by hiring a new employee because of the difficult economic circumstances that the City is currently facing. 2. This vacancy is currently filled pursuant to a prior Memorandum of Understanding between the parties signed January 4, 2012. 3. The City is also experiencing additional difficulties in general with its Fire and Emergency Medical Services Budgets that go beyond the overtime costs currently associated with the B shift vacancy. 4. Both the City and the Local therefore want to relieve the financial burden on the City that is associated with the circumstances that are set forth in paragraphs 1-3 above while also maintaining an effective workforce and the greatest extent of service possible to the community during these difficult economic times. 5. Therefore, the parties are entering into this MOU in order to assist the City with the above-referenced financial difficulties during 2013. TERMS OF MOU 1. This MOU will be in effect between Jan. 1, 2013 and Dec. 31, 2013 and will then expire absent any mutual agreement on the part of both parties to extend it. 2. In addition, this MOU will also immediately terminate if any member of Local 3728’s bargaining unit is laid-off from the City at any time from the time of signing of this agreement through December 31, 2013 (other than those conditions outside the city’s control such as significantly reduced revenues resulting from future state and federal legislations). The City and the Local will meet and confer if impacting legislation is adopted. 3. While in effect, this MOU will be incorporated into the parties’ current collective bargaining agreement. While the MOU is in effect it will supersede any contradictory provisions of the parties’ collective bargaining agreement, and will be subject to the parties’ grievance procedure. 4. Upon the expiration of the MOU, the 2011-2013 Collective Bargaining Agreement that was in effect prior to the commencement of the MOU will be restored unless specifically provided for elsewhere in this MOU or otherwise agreed. 5. During 2013 only, members of the Local 3728 bargaining unit agree to a 6.5% (5% plus an additional 1.5%) wage concession. The wage concession will be paid through a reduction in holiday pay in 2012 and in 2013, split evenly between the years. As an example: • Employee A will receive $90,000 in taxable income in 2013. • Employee A wage reduction in 2013 is 6.5%, which equals $5,850 • Wage reduction is now divided by 2, which equals $2,925 • In 2012, $2,925 shall be deducted from Employee A’s holiday pay paid in October 2012. • In 2013, $2,925 shall be deducted from Employee A’s holiday pay paid in October 2013. 6. The City shall use the 1.5% of the wage concession above to help offset the cost of the vacant FF/EMT position. The City will make every effort to fill the position in the first Kelly period of 2013. 7. Local 3728 agrees to eliminate the VSP Vision Care effective immediately upon the ratification and signing of this agreement by both parties. 8. During 2013, Local 3728 are entitled to receive an additional two (2) floating Kelly days. The taking of these days shall not create an overtime event. If any non- represented City Fire Department employee receives furlough days totaling more than 48 hours, then the Local shall receive those equal hours off (Kelly days, vacation leave). 9. Members of Local 3728 shall receive vacation cash out of up to 260 hours upon separation of employment from the City. This shall be included in successor bargaining agreements and shall only apply to those in the bargaining unit as of December 31, 2013. All other elements of Article 20 of the current Collective Bargaining Agreement shall remain in effect. 10. Members of Local 3728 shall receive sick leave cash out of up to 350 hours upon separation of employment (retirement or resignation in good standing) from the City. This shall be included in successor bargaining agreements and shall only apply to those in the bargaining unit as of December 31, 2013. All other elements of Article 21 of the current Collective Bargaining Agreement shall remain in effect. DATED___________________________, 2012. _________________________________ _______________________________ Dan Hargroves, President Barbara Tolbert, Mayor IAFF, LOCAL 3728 CITY OF ARLINGTON City of Arlington Council Agenda Bill Item: NB #3 Attachment F COUNCIL MEETING DATE: October 15, 2012 SUBJECT: Authorization to Contract with Strategies 360 for Lobbying Services for 2013 ATTACHMENTS: Draft Contract DEPARTMENT OF ORIGIN Executive EXPENDITURES REQUESTED: $18,000 BUDGET CATEGORY: GF - Other General Government Services LEGAL REVIEW: DESCRIPTION: The attached contract & scope of work describes the work to be done by Strategies 360 at the state and federal level in order to address some of our immediate and long term transportation improvement goals, as well as assist us in economic development and other areas. The contract ensures that our best interests are represented in the decision- making processes of the Washington State Legislature, the Washington State Department of Transportation, the United States Congress, as well as other state and federal agencies. HISTORY: The City has been a client of Strategies 360 through the SR9 Coalition. ALTERNATIVES Do not authorize the contract. RECOMMENDED MOTION: I move to authorize the Mayor to sign the contract with Strategies 360 for Lobbying services for 2013. Page 1 of 4 SERVICES AGREEMENT This services agreement is entered into by and between Strategies 360, Inc. (“Consultant”) with its principal offices at 1505 Westlake Ave N, Suite 1000, Seattle, Washington, 98109, and City of Arlington, Washington (“Client”), with its principal address being 238 N. Olympic, Arlington, WA 98223, hereinafter sometimes referred to collectively as the “Parties”. RECITALS A. Client wishes to contract with Consultant to provide services in the field of government relations, lobbying and strategic communications, on the terms and conditions set forth herein. B. Consultant is willing and qualified to perform such services. In consideration of the above Recitals and the mutual promises and agreements contained herein, the Parties agree as follows: 1. Scope of Services. Consultant is retained and appointed to implement the services outlined in the attached Appendix A, which are designed to accomplish the government relations, lobbying and strategic communications objectives of the Client. Consultant shall use Consultant’s best efforts to perform Services such that the results are satisfactory to Client. 2. Contract Administration; Communications. Consultant's employees will be responsible for performing services under this Agreement. Client and Consultant shall identify and maintain a mutually agreeable communication process to keep Client fully and currently informed about activities of Consultant on behalf of Client. Consultant will work closely with other consultants, team members, and related organizations and individuals as designated by Client, and as necessary to accomplish the objectives of the Client. 3. Compensation. Consultant will perform the scope of services described in this Agreement for a fee of $3,000 per month from November 1, 2012 through April 30, 2013. Consultant’s fees for service do not include additional costs deemed necessary by Client such as creating and printing materials, conducting public opinion research (e.g. polling), and providing other strategic and/or support services as requested by the Client. 4. Expenses. In addition to compensation payable to Consultant pursuant to this Agreement, Client will reimburse consultant for costs and disbursements including transportation and Page 2 of 4 travel costs, food, lodging and automobile mileage at the applicable federal rate per business mile, and for necessary entertainment. Consultant shall include an accounting of costs and disbursements and the amount owed on the periodic statements rendered to Client. Total charges to Client will not exceed $100 a month without advance approval from Client. 5. Payment. Consultant shall send monthly statements to the Client on the first day of each month of service for the fees jointly agreed by the Parties. Client shall pay Consultant’s fees in full by the 15th day of each month of service. 6. Confidential Matters and Proprietary Information. The Consultant shall keep in strictest confidence all information that may be acquired in connection with or as a result of the Agreement. The Consultant shall not publish, communicate, divulge, disclose or use any of such information, which has been designated by Client as proprietary or confidential or which from the surrounding circumstances in good conscience ought to be treated by the Consultant as proprietary or confidential, without the prior written consent of Client. Upon termination or expiration of the Agreement, the Consultant shall deliver all records, data, information, and other documents and all copies thereof to Client, which shall remain the property of Client. 7. Conflict of Interest. The Consultant hereby warrants that there is no conflict of interest in the Consultant’s other contracts or other employment with the activities to be performed hereunder and shall advise if a conflict arises in the future. 8. Independent Contractor. In all matters relating to this Agreement, the Consultant shall be acting as an independent contractor. The Consultant is not an employee of Client under the meaning or application of any Federal or State Unemployment or Insurance Laws or Workers’ Compensation Laws, and the Consultant shall assume all liabilities and obligations imposed by any one or more of such laws. Consultant will work with the Client to determine the time, the place and the manner in which it will accomplish its services within an overall schedule date established by Client. The Consultant shall not have any authority to assume or create any obligations, express or implied, on behalf of Client. 9. Entire Agreement. This Agreement constitutes the entire agreement between Client and the Consultant in regard to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect thereto. No agreements hereafter made between the parties shall be binding on either party unless reduced to writing and signed by authorized representatives of the parties. 10. Terms of Service and Termination. This Agreement will commence on November 1, 2012. Either Party may terminate this Agreement without cause by providing the other Party 30 days’ notice in writing. Upon termination, Consultant will render Client a bill and within 15 days after receipt of said bill, Client shall pay Consultant in full whatever sums may be due for work performed. 11. Non-Solicitation of Consultant Employees. During the Term of this Agreement and for a period of one (1) year after the termination of this Agreement, Client will not solicit, Page 3 of 4 induce, recruit or encourage directly or indirectly (nor will Client direct, encourage or assist anyone else to solicit, induce, recruit or encourage) any of the Consultant’s employees to terminate their employment with Consultant or to work elsewhere. 12. Indemnification and Insurance. Client shall indemnify, defend, and hold harmless Consultant and its directors, officers, and employees from any and all claims arising from or in connection with the performance of services including but not limited to statutory violations, Contractor's independent contractor status, or for injury or death of any and all persons whatsoever and from any and all damage to property. Client and Consultant warrant that they each carry workers' compensation, comprehensive liability, automobile, and other insurance with reasonable coverage and in reasonable amounts sufficient to insure against anticipated risks in connection with services under this Agreement. By executing this Agreement each signatory affirms that they have read and understand its terms, and that each has the full power and authority to enter this Agreement on behalf of the entity for which they have signed. Executed in the County of King, Washington: For: STRATEGIES 360, INC. 1505 Westlake Ave N, Suite 1000 Seattle, Washington 98109 TEL: 206/282-1990 FAX: 206/282-2704 By: _________________________________ Date: ______________________ Eric Sorenson, President For: City of Arlington, Washington 238 N. Olympic Arlington, WA 98223 TEL: 360/403-3441 FAX: 360/403-4605 By: _________________________________ Date: Barb Tolbert, Mayor Page 4 of 4 Appendix A Scope of Work State Legislative Work – 2013 Session 1. Participate in the state budgetary process to advocate for retention of state shared revenues for cities. 2. Seek funding for any relevant transportation projects, especially SR 531. 3. Work on legislation that promotes manufacturing/industrial centers. 4. Work on other legislation as directed by the City. 5. Keep Arlington abreast of key state policy issues that may affect the City. 6. Provide frequent written and oral communication with the City during this contract. Federal Legislative Work 1. Seek funding opportunities and advocate for transportation, environmental restoration, parks and trails, public safety and economic development projects with the City through the federal appropriations or grant processes. 2. Keep Arlington abreast of key federal policy issues that may affect the city. City of Arlington Council Agenda Bill Item: NB #4 Attachment G COUNCIL MEETING DATE: October 15, 2012 SUBJECT: Ordinance amending the Arlington Municipal Code regarding the Small Works Roster ATTACHMENTS: • Proposed Ordinance amending the Arlington Municipal Code regarding the Small Works Roster DEPARTMENT OF ORIGIN Public Works: Jim Kelly 360-403-3505 / Executive: Kristin Banfield 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: As part of the shift to the MRSC service for Small Works and Consultant rosters, the City needs to update Arlington Municipal Code sections that outline the small works roster process for the City. HISTORY: The City has published and maintained its own small works and consultant rosters since the initial RCW requirements were adopted. ALTERNATIVES Staff can continue to advertise for and maintain these rosters, but at a much higher cost than MRSC can. RECOMMENDED MOTION: I move to approve the proposed ordinance amending the Arlington Municipal Code regarding the Small Works Roster. ORDINANCE NO. ______ 1 ORDINANCE NO. 2012-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE ARLINGTON MUNICIPAL CODE REGARDING THE SMALL WORKS ROSTER WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens as a way of controlling the use and development of property within its jurisdiction; and WHEREAS, the state legislature has amended the provisions of state law to improve the efficiency of the small works roster process for local governments; and WHEREAS, the City Council believes it is in the best interests of its citizens to modify the small works roster ordinance to make it consistent with state law; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 2.72.010 shall be amended to read as follows: 2.72.010 - Small works roster procedures. (a) Cost. The city need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair or improvement of real property where the estimated cost does not exceed Three Hundred Thousand Dollars ($300,000.00), which includes the costs of labor, material, equipment and sales and/or use taxes as applicable.is within the limits, as set forth in RCW 35.23.352 for single-craft or multi-crafts or within the limits as set forth by RCW 39.04.155, for the use of the small works roster. The estimated cost must include the costs of labor, material, equipment and sales and/or use taxes as applicable. The breaking of any project into units or accomplishing any projects by phases is prohibited if done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. (b) Number of rosters. The city may create a single general small works roster, or may create a small works roster for different categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. (c) Contractors on small works roster(s). The small works roster(s) shall consist of all responsible contractors who have requested to be on the roster(s), and are properly licensed or registered to perform such work in this state. Formatted: No underline Formatted: Indent: Left: 0.5", First line: 0", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.81" + Indent at: 1.06" ORDINANCE NO. ______ 2 (d)(b) Publication. At least once a year, the city or its agent shall publish in a newspaper of general circulation within the city a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they complete the online application and meet minimum State requirements for roster listing.submit a written request and necessary records. The city may require master contracts be signed that become effective when a specific award is made using a small works roster. An interlocal contract or agreement between the city and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions. (e)(c) Electronic, telephone, or written quotations. The city shall obtain electronic, telephone, or written quotations for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04.350(1) and may establish supplementary bidder criteria under RCW 39.04.350(2)the lowest responsible bidder, as defined in RCW 43.19.1911, as follows: (1) A contract awarded from a small works roster need will not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitations.. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes; (2) Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. "Equitably distribute" means that the city may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services.attempts to equally distribute opportunities among the contractors on the appropriate roster; (3) If the estimated cost of the work is from one hundred and fifty thousand dollars ($150,000) to three hundred thousand dollars ($300,000), the city may choose to If the estimated cost of the work is above sixty-five thousand dollars for multi-craft or forty thousand dollars Formatted: Left ORDINANCE NO. ______ 3 for single-craft projects up to the limits of use of small works roster as set forth in RCW 39.04.155, the city may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The city has the sole option of determining whether this notice to the remaining contractors is made by: i. Publishing notice in a legal newspaper in general circulation in the area where the work is being done; ii. Mailing a notice to these contractors; or iii. Sending a notice to these contractors by facsimile or other electronic means; (3) (4) For the purposes of this section, "equitably distribute" means that the city may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services; (5) At the time bids are solicited, the city representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project; (64) A written record shall be made by the city representative of each contractor's bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry; and (7) At least once every year a list of contracts awarded under this section shall be made available to the general public. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or the items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection. (d). Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty-five thousand dollars($35,000), the city may award such a contract using the limited public works process provided under RCW 39.04.155 (3). For a limited public works project, the city will solicit electronic or written quotations from a minimum of Formatted: Indent: First line: 0" ORDINANCE NO. ______ 4 three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the city may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, material men, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the city shall have the right of recovery against the contractor for any payments made on the contractor's behalf. The city shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. (f) (e) Determining lowest responsible bidder. The city shall award the contract for the public works project to the lowest responsible bidder provided that, whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the city may call for new bids. A responsible bidder shall be a registered and/or licensed contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of 2007 (SHB 2010) and who meets any supplementary bidder responsibly criteria established by the city.To the extent consistent with applicable commitment authority, the mayor shall award the contract for the public works project to the lowest responsible bidder; as provided in RCW 39.04.350 and the bid documents. (gf) Life cycle costing. In considering bids for the construction of public works projects, whenever there is a reason to believe that applying the "life cycle costing" method to bid evaluation would result in the lowest total cost to the city, first consideration shall be given to the bid with the lowest life cycle cost which complies with the specifications. "Life cycle cost" means the total cost of an item to the city over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can be reasonably determined, minus the salvage value at the end of its estimated useful life. The "estimated useful life" of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner. (hg) Award. All of the telephone bids or quotations shall be collected and Formatted: Indent: First line: 0" Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: First line: 0" ORDINANCE NO. ______ 5 presented at the same time to the city council for consideration, determination of the lowest responsible bidder, and award of the contract. All of the telephone bids or quotations shall be collected at the same time to the city for consideration, determination of the lowest responsible bidder and award of the contract. The city reserves its right under applicable law to reject any or all bids, and to waive procedural irregularities. Section 2. Arlington Municipal Code section 2.72.020 shall be amended to read as follows: 2.72.020. Consulting Services Roster 1. Consulting Services. Consulting services are professional services that have a primarily intellectual output or product and include architectural and engineering services as defined in RCW 39.80.020. 2. Publication. At least once a year, on behalf of the City, the City’s agent shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the consulting services roster or rosters and solicit statements of qualifications from firms providing consulting services. Such advertisements will include information on how to find the address and telephone number of a representative of the city who can provide further details as to the city’s projected needs for consulting services. Firms or persons providing consulting services may complete the online application at any time and be listed if they meet the minimum State requirements. 3. Professional Architectural and Engineering Services. The City’s agent will distinguish between professional architectural and engineering services as defined in RCW 39.80.020 and other consulting services and will announce generally to the public the city’s projected requirements for any category or type of professional or other consulting services. The city reserves the right to publish an announcement on each occasion when professional services or other consulting services are required by the city and to use paper and/or other electronic rosters that may be kept on file by appropriate city departments. Section 3. Arlington Municipal Code section 2.72.062(a) shall be amended to read as follows: Formatted: No underline Formatted: No underline Formatted: Indent: First line: 0.5" Formatted: No underline Formatted: No underline ORDINANCE NO. ______ 6 (a) At least once every year, the city or its agent shall cause to be published in a newspaper of general circulation a notice of the existence of the small works roster and soliciting the names of contractors for such roster. The city shall add to the small works roster those qualified contractors who respond to the published notice and request to be included on the roster. Section 4. Arlington Municipal Code section 2.72.064 is hereby repealed. Section 5. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 6. Effective Date. This ordinance shall be effective five days from its adoption and publication as required by law. PASSED BY the City Council and APPROVED by the Mayor this day of _______________, 2012. CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: Kristin Banfield, City Clerk Approved as to form: Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: NB #5 Attachment H COUNCIL MEETING DATE: October 15, 2012 SUBJECT: A Resolution establishing a small public works roster process to award public works contracts, and a consulting services roster for architectural, engineering and other professional services. ATTACHMENTS: • Proposed Resolution establishing a small public works roster process to award public works contracts, and a consulting services roster for architectural, engineering and other professional services. DEPARTMENT OF ORIGIN Public Works: Jim Kelly 360-403-3505 / Executive: Kristin Banfield 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: As part of the shift to the MRSC service for Small Works and Consultant rosters, the City needs to adopt the attached resolution establishing the process for the rosters. HISTORY: The City has published and maintained its own small works and consultant rosters since the initial RCW requirements were adopted. ALTERNATIVES Staff can continue to advertise for and maintain these rosters, but at a much higher cost than MRSC can. RECOMMENDED MOTION: I move to approve the proposed Resolution establishing a small public works roster process to award public works contracts, and a consulting services roster for architectural, engineering and other professional services. RESOLUTION NO. 2012-XXX 1 RESOLUTION NO. 2012-XXX A RESOLUTION OF THE CITY COUNCIL OF ARLINGTON, WASHINGTON, ON THE SUBJECTS OF ESTABLISHING A SMALL PUBLIC WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS, AND A CONSULTING SERVICES ROSTER FOR ARCHITECTURAL, ENGINEERING AND OTHER PROFESSIONAL SERVICES. WHEREAS, RCW 39.04.155 and other laws regarding contracting for public works by municipalities, allow certain contracts to be awarded by a small works roster process; and WHEREAS, in order to be able to implement small works roster processes, the City is required by law to adopt a resolution establishing specific procedures; WHEREAS, RCW 39.80.030 requires that an agency publish in advance that agency's requirement for professional services and that one of the ways to accomplish that notification is to announce generally to the public its projected requirements for any category or type of professional services and request qualification statements to be kept on file with the agency; and NOW, THEREFORE, CITY COUNCIL OF ARLINGTON, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. MRSC Rosters. The City wishes to contract with the Municipal Research and Services Center of Washington (MRSC) to have their official rosters hosted in the online database for city use for small public works contracts and consulting services developed and maintained by MRSC and authorizes the Public Works Director to sign that contract. Section 2. Small Public Works Roster Procedures. The City has established and shall follow the small works roster procedures pursuant to Arlington Municipal Code Chapter 2.72. APPROVED by the Mayor and City Council of the City of Arlington this ______ day of October, 2012. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor RESOLUTION NO. 2012-XXX 2 ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #6 Attachment I COUNCIL MEETING DATE: October 15, 2012 SUBJECT: Authorization for the Mayor to sign a contract with MRSC to provide Small Works & Consultant Roster Services ATTACHMENTS: • Contract with MRSC to provide Small Works & Consultant Roster Services DEPARTMENT OF ORIGIN Public Works: Jim Kelly 360-403-3505 / Executive: Kristin Banfield 360-403-3444 EXPENDITURES REQUESTED: $240 BUDGET CATEGORY: Split between Utilities & Airport LEGAL REVIEW: DESCRIPTION: MRSC Rosters is a roster service with two components: small public works rosters and consultant rosters, which are hosted in a shared database for member Washington State cities, counties, and special purpose districts. As part of the MRSC Rosters membership, MRSC fulfills the State roster advertising requirements by posting the required roster legal notice on behalf of subscribing Public Agencies. Businesses apply FREE at any time and have the convenient option to join multiple public agency rosters in one application, which is renewed annually. 279 Washington cities, counties, and special districts across the state use MRSC Rosters to conveniently maintain their agency’s individual rosters and gain access to a broader selection of businesses. Subscribing Public Agencies follow the same contracting procedures they would if they maintained rosters independently, but because businesses can more easily register, Agencies will have a broader pool of businesses listed and therefore a greater chance of receiving more preferable bids or proposals. HISTORY: The City has published and maintained its own small works and consultant rosters since the initial RCW requirements were adopted. ALTERNATIVES Staff can continue to advertise for and maintain these rosters, but at a much higher cost than MRSC can. RECOMMENDED MOTION: I move to authorize the Mayor to sign a contract with MRSC to provide Small Works & Consultant Roster Services MRSC Rosters SC Public Agency Contract Page 1 of 4 Washington Public Agency Contract Small Works Roster and Consultant Roster This contract (the “Contract”) is made by and between Municipal Research and Services Center of Washington (“MRSC”), a Washington not-for-profit corporation, and ________________________________________________ (the “Public Agency”). Public Agency Information Public Agency ___________________________________________________ Mailing Address _______________________________________ _______________________________________ _______________________________________ County _______________________________________ Website _______________________________________ 1. Purpose. The purpose of this Contract is to provide the Public Agency with membership in MRSC Rosters which will host its individual Small Public Works Roster (“Small Works Roster”) and Consultant Roster (“Consultant Roster”) in an online database (collectively, “MRSC Rosters”). MRSC is making membership in the MRSC Rosters available to a number of local government agencies in Washington State to provide them with more efficient and cost effective services. 2. Scope of Services. MRSC shall create and maintain the MRSC Rosters as allowed to the Public Agency and other Public Agency members by RCW 39.04.155 and Chapter 39.80 RCW, respectively. MRSC shall advertise at least biannually for the Small Works Roster and Consultant Roster in accordance with statutory requirements on behalf of all Public Agency members. MRSC will receive and review small works and consultant business (collectively, “business”) applications for compliance with basic statutory eligibility requirements, and will maintain business applications. 3. Use of MRSC Rosters by Public Agency. As of the date of the first MRSC biannual legal notice in January or June by occurring after the signing of the membership contract by both parties, t he Public Agency will use the Small Works Roster and Consultant Roster hosted in MRSC Rosters as their official rosters. (a) Small Works Roster. The Public Agency will use the Small Works Roster to select businesses for public work projects up to $300,000 in value or as otherwise limited by statutes, ordinances, and laws applicable to the Public Agency. The Public Agency shall be independently responsible for its own and the selected business’ compliance with all additional or varying laws and regulations governing purchases, including all selection laws, retainage and bonds, prevailing wages, and any o ther appropriate requirements. The Public Agency shall be independently responsible, consistent with applicable laws and its own policies and practices, for the determination that the selected businesses are responsible bidders. The Public Agency also shall be independently responsible to conduct a quotation or bid process consistent with applicable statutes, ordinances, and the requirements of the Public Agency and to enter into a contract directly with the business thus selected. MRSC Rosters SC Public Agency Contract Page 2 of 4 (b) Consultant Roster. The Public Agency will use the Consultant Roster to select businesses for consultant projects, and will do so in accord with all applicable laws and regulations . The Public Agency shall be independently responsible for its own and the selected business’ compliance with all additional or varying laws and regulations governing services, including all selection laws, and any other requirements as appropriate. The Public Agency shall be independently responsible , consistent with applicable laws and its own policies and practices, for the determination that the selected businesses are responsible. The Public Agency also shall be independently responsible to conduct a consultant selection process consistent with applicable statutes, ordinances, and the requirements of the Public Agency and to enter into a contract directly with the business thus selected. (c) Access to MRSC Rosters. MRSC shall make the MRSC Rosters and associated applications and qualifications for each available to the Public Agency by providing it with a user name and password for access to MRSC’s online database MRSC Rosters. 4. Compensation of Businesses. The Public Agency shall be independently responsible for payments to any business that is selected as a result of its use o f MRSC Rosters. The Public Agency shall make all such payments directly to the businesses selected by the Public Agency. 5. Effective Date and Term. This Contract shall be effective for a period of one year as of the publication date for the first MRSC biannual advertisement in January or June after the signing of the membership contract by both parties. MRSC will notify the Public Agency of the publication dates of each biannual legal notice the week prior to the publication dates. This Contract may be cancelled by either party as provided in Section 10. 6. Compensation of MRSC. The Public Agency will pay MRSC an annual membership fee in the amount of $________ based on the Public Agency’s total capital expenditures for the most recent complete fiscal year for the services under this Contract. Total capital expenditures for cities are the total of BARS code lines 594 and 595 and similar BARS codes for other public agencies. The amount will be paid in full prior to the publication by MRSC of the first biannual legal notice after the signing of the Contract, which will be either in January or June for the MRSC Rosters, and on the subsequent anniversary dates of the publication date. Total Capital Expenditures*Annual Membership Fee *Total capital expenditures in millions 7. Relationship of Parties. MRSC agrees that it will perform the services under this Contract as an independent contractor and not as an agent, employee, or servant of the Public Agency. Nothing in this Contract shall be construed to render the parties partners or joint venturers. 8. Limitation of MRSC Liability. MRSC shall not be, directly or impliedly, a party to any contract with small works, consulting, or vendor businesses into which the Public Agency may enter as a result of the Public Agency’s use of the MRSC Rosters. MRSC does not accept responsibility or liability for the performance of any business used by the Public Agency as a result of its use of the MRSC Rosters. MRSC Rosters SC Public Agency Contract Page 3 of 4 9. Hold Harmless and Indemnification. Each party shall defend, indemnify, and hold the other party harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising from any negligent act or omission that party’s officers, employees, volunteers, and agents in connection with the performance of this Contract. 10. Termination. This Contract may be terminated, with or without cause, by written notice of either party to the other. Termination shall be effective thirty (30) days after written notice. Termination of the contract by the Public Agency does not entitle the Public Agency to a refund of the membership fee prorated as to the time remaining in the contract term following termination. 11. Non-assignment. MRSC shall not subcontract or assign any of the rights, duties, or obligations imposed upon it by this Contract without the prior express written consent of the Public Agency. 12. Governing Law and Venue. This Contract shall be governed by the laws of the State of Washington. 13. Authority. Each signatory to this Contract represents that he or she has full and sufficient authority to execute this Contract on behalf of MRSC or the Public Agency, as the case may be, and that upon execution of this Contract it shall constitute a binding obligati on of MRSC or the Public Agency, as the case may be. 14. Severability. Should any clause, phrase, sentence or paragraph of this Contract be declared invalid or void, the remaining provisions of this Contract shall remain in full force and effect. 15. Complete Agreement. This Contract constitutes the entire understanding of the parties. Any written or verbal agreements that are not set forth herein or incorporated herein by reference are expressly excluded. 16. Contacts. For purposes of Contract administration, the Public Agency designates the following contacts: 17. Signatures. By signing this Contract, the signatories below certify that they have the authority to enter into this Contract, that they agree to payment of fees in accordance with the stated Public Agency Fee Structure and that they agree that the Public Agency shall be bound by and adhere to the Terms and Conditions stated. MRSC PUBLIC AGENCY [Signature] [Signature] Executive Director [Title] [Title] [Date] [Date] MRSC Rosters SC Public Agency Contract Page 4 of 4 Submit signed contract with annual membership fee to: MRSC Rosters Municipal Research and Services Center 2601 Fourth Avenue Suite 800 Seattle, WA 98121-1280