City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA June 11, 2025, 7:00 p.m. Police Court Campus, 1805 Continental Place To virtually attend the meeting, the public may: 1. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 2. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA 1. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers 2. APPROVAL OF AGENDA 3. COMMUNITY COMMENTS (This is an opportunity for Mount Vernon residents to address their City Council. Please provide your information on the guest sign-in sheet located on the table near the entrance to the Council Chambers prior to speaking, and limit comments to three minutes or less. Under normal circumstances, the Mayor and Council will not respond immediately to Community Comments. If you would like someone to follow up with you regarding the topic of your comments, please leave your name and contact information on the form at the entrance of the Council Chambers. If you are unable to attend the meeting and would like to make your comments via Zoom, please submit a request to speak via email to communitycomments@mountvernonwa.gov or by telephone at 360-336-6211. Requests must be received by 4 p.m. on the meeting date.) Interpretation services for Community Comments are available on request. Please contact the City at mvmayor@mountvernonwa.gov or 360-336-6211 at least two business days prior to the meeting if you would like an interpreter to share your comments with City Council. 4. CONSENT AGENDA A. Approval of May 28, 2025, Special Meeting minutes B. Approval of May 28, 2025, Regular Council Meeting minutes C. Approval of June 5, 2025, Payroll checks numbered 112958 - 112979, direct deposit checks numbered 107010 - 107274, and wire transfers numbered 1459 - 1463 in the amount of $1,288,664.80 D. Approval of June 11, 2025, Claims numbered 30252 - 30386, in the amount of $903,461.21 Mount Vernon City Council Agenda June 11, 2025 Page 2 of 3 E. Approval of Agreement – North County Public Defense 5. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Councilmember Comments C. Mayor’s Report 6. NEW BUSINESS A. Presentation – Washington State Department of Transportation (WSDOT) (WSDOT staff will present an update of SR536 and SR538.) (required action – none) (staff contact – Chris Phillips) B. Public Hearing – 2026–2031 Transportation Improvement Program (TIP) (This is a public hearing to receive comments from the public about the 2026-202TIP.) (required action – none) (staff contact – Frank Reinart) C. Project Acceptance – TRICO Companies, LLC (Staff is requesting acceptance of the work performed by TRICO Companies, LLC for the 2024 Curb Ramp Improvements Project.) (required action – motion) (staff contact – Frank Reinart) D. Approval of Agreement Amendment – HKP Architects, PLLC (Staff is requesting approval of Amendment No. 9 to Agreement 4071 with HKP Architects, PLLC for additional services for the Library Commons Project.) (required action – motion) (staff contact – Chris Phillips) E. Approval of Agreement Amendment – OAC Services, Inc (Staff is requesting approval of Amendment No. 5 to Agreement 4199 with OAC Services, Inc. for additional services for the Library Commons Project.) (required action – motion) (staff contact – Chris Phillips) 7. EXECUTIVE SESSION 8. ADJOURNMENT  CONSENT ITEM: A City of Mount Vernon Joint City Council and Skagit County Commissioners Meeting Minutes May 28, 2025 Police Court Campus, 1805 Continental Place Mayor Donovan called the meeting to order at 5:03 p.m. Present Councilmembers: Beaton, Brocksmith, Carías, Hudson, Molenaar, Tercero (5:42) and Vander Stoep Staff Present: Special Projects Manager Sexton, Finance Director Volesky, City Attorney Rogerson, City Clerk Jensen, Library Director Huffman, Development Services Director Pratschner, IT Director Thomas Skagit County Commissioners: Browning, Janicki, and Wesen Skagit County Staff: Administrator Logue, Deputy County Administrator Johnson, Public Health Director Higman, Public Health Assistance Hinman, Sr. Program Manager Nelson, Senior Center Coordinator Hobbs, Communications Manager Rogers, Clerk of the Board Williams, Citizens: 75 1. Roll Call 2. Mount Vernon Senior Services Overview: Sarah Hinman from Skagit County Public Health, presented an overview of Senior Services, including the history and current state of Mount Vernon senior services. Senior Center models within the county, potential future scenarios and opportunities for collaboration. Mount Vernon City Council May 28, 2025 Page 2 of 2 3. Discussion of Future Options for Mount Vernon Senior Services: . Commissioners, Council and staff discussed having a consultant prepared a study addressing land uses for potential new site for the center, as well as partnering and visioning. 4. Next Steps: Commissioners, Council and staff had additional discussions about the site/land use study, potential sites for a new center, building and operations funding, a potential senior taxing district, community partnerships, surveys, and a needs analysis. It was the consensus of the group to request a site and land use study and a needs survey, then meet to review and discuss the results. ADJOURNMENT: The meeting adjourned at 5:54 p.m. Submitted by: Becky Jensen, City Clerk Approved: June 11, 2025  CONSENT ITEM: B City of Mount Vernon City Council Meeting Minutes May 28, 2025 Police Court Campus, 1805 Continental Place Mayor Donovan called the meeting to order at 7:02 p.m. Present Councilmembers: Beaton, Brocksmith, Carías, Hudson, Molenaar, Tercero, and Vander Stoep Absent Councilmembers: Staff Present: Special Projects Manager Sexton, Finance Director Volesky, City Attorney Rogerson, Development Services Director Pratschner, City Clerk Jensen, IT Director Thomas, Public Works Director Phillips, Library Director Huffman, HR Director Keator, Police Chief Christman, Capital Programs Manager Reinart, Public Works Director Phillips Citizens: 6 APROVAL OF AGENDA The agenda was amended as follows: Item A was removed and Item G, approval of ordinance was added. The agenda was approved as amended. COMMUNITY COMMENTS  none CONSENT AGENDA A. Approval of May 14, 2025, Regular Council Meeting minutes Mount Vernon City Council May 28, 2025 Page 2 of 4 B. Approval of May 20, 2025, Payroll checks numbered 112946 - 112957, direct deposit checks numbered 106749 - 107009, and wire transfers numbered 1444 - 1458 in the amount of $1,545,097.18 C. Approval of May 28, 2025, Claims numbered 30081 - 30245, in the amount of $1,947,027.41 D. Approval of Agreement – Skagit County E. Approval of Agreement Amendment – Cities of Burlington, Anacortes, and Sedro-Woolley Councilmember Beaton moved to approve Consent Agenda Items A - E. Motion seconded by Councilmember Vander Stoep. Motion passed 7-0. REPORTS A. Committees 1. Finance and Parks and Enrichment Services – see committee minutes for details. 2. Development Services - see committee minutes details. B. Councilmember Comments  Councilmember Carias spoke about the work of Kiwanis and the scholarships being awarded. C. Mayor’s Report  The State of the City Address is available for viewing on the City’s YouTube channel. NEW BUSINESS A. Presentation – Skagit PUD: This item was removed. B. Approval of Agreement – Pacific Surveying and Engineering, Inc.: Mr. Phillips requests approval of an agreement with Pacific Surveying and Engineering, Inc. to update parcel information for stormwater and wastewater utilities. Councilmember Hudson moved to approve an agreement with Pacific Surveying and Engineering, Inc. to update parcel and information for stormwater and wastewater utilities. Motion seconded by Councilmember Beaton . Motion passed 7-0. C. Approval of Agreement Amendment – David Evans & Associates, Inc.: Mr. Reinart requested approval of Amendment No. 3 to agreement 4525 Mount Vernon City Council May 28, 2025 Page 3 of 4 with HDR David Evans & Associates, Inc. for the Carpenter Creek Hickox Road Fish Passage Improvements Project. Councilmember Hudson moved to approve Amendment No. 3 to agreement 4525 with David Evans & Associates, Inc. for the Carpenter Creek Hickox Road Fish Passage Improvements Project in the amount of $45,668. Motion seconded by Councilmember Carias. Motion passed 7-0. D. Review of 2026-2031 Transportation Improvement Program (TIP): Mr. Reinart presented the draft 2026-2031 TIP consisting of programmed projects, projects not programmed, fiscal feasibility table, and scoring tables. E. Approval of Agreement –UKG: Mr. Volesky requested approval of an agreement 4456 with UKG for Human Resources and Payroll software UKG Pro. Councilmember Brocksmith moved to approve a three-year agreement with UKG for Human Resources and Payroll software UKG Pro, subject to legal review, in the amount of $301,522.50. Motion seconded by Councilmember Vander Stoep. Motion passed 7-0. F. Approval of Ordinance – Amend 2025 Salary Schedule: Mr. Volesky requested approval of the reclassification of a Records Specialist to an Evidence Technician and an Accounting Specialist to an Accounting Specialist, Senior and amending the 2025 Salary Schedule with Ordinance 3912. Councilmember Molenaar moved to approve position reclassifications and amendment of the 2025 Salary Schedule with the adoption of Ordinance 3912. Motion seconded by Councilmember Carias. Motion passed 7-0. G. Approval of Ordinance – Emergency Declaration: Mr. Rogerson presented Ordinance 3913 declaring an emergency and adopting a moratorium on the acceptance of applications for permits to develop certain types of battery energy storage systems used to provide power to an electrical grid. Mount Vernon City Council May 28, 2025 Page 4 of 4 Councilmember Hudson moved to adopt Ordinance 3913 declaring an emergency and adopting a moratorium on the acceptance of applications for permits to develop certain types of battery energy storage systems used to provide power to an electrical grid. Motion seconded by Councilmember Beaton. Motion passed 6-0. EXECUTIVE SESSION  none ADJOURNMENT: The meeting reconvened and adjourned at 8:04 p.m. Submitted by: Becky Jensen, City Clerk Approved: June 11, 2025  CONSENT ITEM: E DATE: June 11, 2025 TO: Mount Vernon City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: CONFLICT COUNSEL AGREEMENT NORTH COUNTY PUBLIC DEFENSE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: This Conflict Counsel agreement is between the cities (Mount Vernon, Burlington, and Sedro- Woolley) and North County Public Defense, represented by Jason Smith. NCPD is the law firm chosen by the three cities to provide indigent defense. This Conflict Counsel agreement allows them to begin representing clients of the three cities while a long-term contract is negotiated. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Consent Agenda Approval ATTACHED: 3 city Conflict Counsel Agreement  CONTRACT FOR INDIGENT DEFENSE SERVICES CONFLICT COUNSEL WHEREAS, the Cities of Burlington, Mount Vernon, and Sedro-Woolley, Washington (hereinafter “Cities”) provide public defense services, and are in the process of contract negotiations with a permanent Public Defense agency; and WHEREAS, in the normal course of events, conflicts will arise which prevent the Cities’ Primary Public Defender from representing a particular client; and WHEREAS, the Cities wish to engage the services of a skilled and experienced attorney with a criminal defense background to act as Conflict Counsel who can and will conform to the standards and practice developed by the Cities and the Public Defense Supervisor as well as the standards for the provision of public defense services adopted by resolution of the Cities of Burlington and Sedro-Woolley, and by ordinance of the City of Mount Vernon, NOW THEREFORE, In consideration of the mutual benefits to be derived and the promises contained herein, the Cities of Mount Vernon, Burlington, and Sedro-Woolley, Washington municipal corporations (“Cities”), and North County Public Defense (NCPD) (the “Attorney”), have entered into this Agreement. 1. Scope of Services, Standards, and Warranty. The Attorney will provide indigent defense services per the standards adopted by the Cities of Mount Vernon (by ordinance) and Burlington and Sedro-Woolley (by resolution), contemporaneously with approval of this Agreement (hereinafter “Standards”). These Standards are incorporated by this reference as if set forth herein. In the event the Standards adopted by the Cities are amended to incorporate changes required to conform to changes in Washington Supreme Court Rules or Standards, the parties agree to reopen this Agreement in order to incorporate those changes and adjust the provisions of this Agreement, including compensation as needed to conform this Agreement to the Standards. The Attorney individually warrants that he/she and every Attorney and/or intern employed by the Attorney to perform services under this contract has read and is fully familiar with the provisions of the Washington Supreme Court Rule, Washington State Bar Association Standards, and the Standards adopted by the Cities (“Standards”). Compliance with these Standards goes to the essence of this Agreement. 1.1 The Attorney, and every attorney and/or intern performing services under this Agreement, shall certify compliance quarterly with the Municipal Courts on the form established for that purpose by court rule. A copy of each and every such certification shall be provided to the Cities and with the Public Defense Supervisor contemporaneously with filing with the Municipal Courts. 1.2 By way of illustration and not limitation, the Attorney has proposed compensation levels, staffing, and infrastructure that provide the capacity and resources to meet the aforementioned Standards, including affirmative efforts to contact a client who fails to appear for an appointment and document those efforts. {WSS1407665.DOCX;1/00005.001006/ } 1 4921-1612-4491, v. 1 }  1.3 The Attorney will provide monthly and quarterly reports on a form provided by the Cities. The attorney will provide confirmation of continuing legal education courses in the area of criminal law and defense annually by December 10th. Attorneys will maintain and provide to the Public Defense Supervisor all data, information, case files, and any and all other information reasonably requested by the Public Defense Supervisor or a successor, so long as consistent with the attorney/client privilege. The Attorney shall promptly report a sustained disciplinary action by the Washington State Bar Association or a finding by a court of competent jurisdiction that the Attorney has been found to have provided ineffective assistance of counsel. 1.4 The Attorney agrees to provide for use by incarcerated indigent defendants a free, “do not record” phone line. 1.5 The Attorney shall, with respect to any jail or other incarceration facility in which an assigned defendant is incarcerated: 1.5.1 Review forms from the jail or other incarceration facility to assure that they accurately advise clients whether written communications are confidential; and 1.5.2 Concerning any indigent defendant client being held in an out-of- county jail or other incarceration facility, determine what arrangements have been made to allow clients to maintain confidential communications with their Attorney and timely notify the Cities if no such arrangements are in place. 1.6 The Attorney shall maintain client complaints received in a log as well as in the client’s file and shall follow up on complaints within three (3) court days. Copies of the complaint log shall be provided to the Cities quarterly or upon their request on the form developed by the Cities and their Public Defense Supervisor. The Attorney shall cooperate, to the full extent consistent with preservation of the attorney-client privilege, with review of Complaints by the Cities, and the Public Defense Supervisor or her successor, with the Public Defense Program Administrator or other outside resource contracted with by the City. 1.7 The Attorney further warrants that his/her compensation, reflected in Section 2 Compensation, reflects all infrastructure, support, administrative services, routine investigation, and systems necessary to comply with current Standards. 1.8 Attorney agrees to cooperate and communicate with the Cities’ Public Defense Supervisor in the fulfillment of her duties, court orders, and their contract with the Cities or any successor employed by the Cities as its Public Defense Program Administrator. 2. Compensation. The Cities shall pay the Attorney for services rendered under this Contract the sum of One Hundred ($100) per hour. In addition, the Cities will pay to the Attorney the sum of Two Thousand Dollars ($2,000) as compensation for the establishment and maintenance of internal systems to compile and report the statistics, data, and other reporting required under this Agreement in monthly increments with full compensation being made by August 31, 2025. {WSS1407665.DOCX;1/00005.001006/ } 2 4921-1612-4491, v. 1 } The compensation amount represents the salary and benefits necessary to provide public defense service as Conflict Counsel for the Cities and all infrastructure, support, and systems necessary to comply with the Standards. 2.1 Base Compensation. Except as expressly provided in Section 2.2, the cost of all infrastructure, administrative, support, and systems, as well as standard overhead services necessary to comply with the established standards, is included in the base payment provided in Section 2 above. The hourly charge is also intended to include time spent reporting to the Cities under this contract. 2.2 Payments in Addition to the Base Compensation. The Cities shall pay for the following case expenses when approved by the Municipal Courts from funds available for that purpose: 2.2.1 Discovery. Discovery shall be provided in accordance with law and court rule by the Cities’ Prosecutor. 2.2.2 Preauthorized Non-Routine Expenses. Non-routine case expenses requested by Attorney and preauthorized by order of the Municipal Courts. Unless the services are performed by Contractor’s staff or paraprofessional subcontractors, such as translator(s) or investigator(s), non-routine expenses include, but are not limited to: (i) medical and psychiatric evaluations; (ii) expert witness fees and expenses; (iii) interpreters; (iv) polygraph, forensic, and other scientific tests; (v) a computerized or other legal research that is not typically maintained as a part of defense counsel's legal libraries or research capabilities; (vi) extraordinary investigation expenses; and (vii) any other non-routine expenses the Municipal Courts finds necessary and proper for the investigation, preparation, and presentation of a case. 2.2.3 The Cities will pay or reimburse the following: 2.2.3.1 Lay Witness Fees. Lay witness fees and mileage incurred in bringing defense witnesses to court, including salary or expenses of law enforcement officers required to accompany incarcerated witnesses; 2.2.3.2 Copying Clients’ Files. The actual cost of providing one copy of a client’s or former client’s case file upon client’s or client’s appellate, post-conviction relief or habeas corpus attorney’s request, or at the request of counsel appointed to represent the client when the client has been granted a new trial; {WSS1407665.DOCX;1/00005.001006/ } 3 4921-1612-4491, v. 1 }  2.2.3.3 Appeal. The actual cost of preparing and printing trial transcripts for RALJ appeals. 2.2.3.4 Records. To the extent such materials are not provided through discovery, medical, school, birth, DMV, and other similar records, and 911 and emergency communication recordings and logs; and 2.2.3.5 Process Service. The normal, reasonable cost for the service of a subpoena. 3. Term. The initial term of this agreement shall be from the date of execution through June 1, 2026, unless sooner terminated as provided herein. The Agreement may be extended for two (2) additional one (1) year terms at the mutual agreement of the parties in any event terminating on or before June 1, 2028. 3.1 For Cause. This agreement may be terminated for cause for violation of any material term of this agreement. “Material term” shall include any violation indicating a failure to provide representation in accordance with the rules of the court and the ethical obligations established by the Washington State Bar Association, a violation of the Standards or the provisions of Section 6 relating to insurance, conviction of a criminal charge, and/or a finding that the license of the Attorney, or any Attorney providing service under this agreement, has been suspended or revoked. Any violation of the other provisions of this Contract shall be subject to cure. Written notice of contract violation shall be provided to the Attorney, who shall have thirty (30) business days to correct the violation. Failure to correct the violation will give rise to termination for cause at the Cities’ discretion. In place of terminating this contract, the Cities may agree in writing to alternative corrective measures. 3.2 Termination on Mutual Agreement. The parties may agree in writing to terminate this agreement at any time. Unless otherwise agreed to in writing, termination or expiration of this contract does not affect any existing obligation or liability of either party. 3.3 Termination by the Attorney. The Attorney may terminate this Agreement by providing thirty (30) days' written notice to the Cities. Notice shall specify whether the Attorney is physically or mentally incapable of performance, in which case Section 3.5.2 shall not apply. 3.4 Termination on Cessation of the Municipal Court. In the event that the Cities acting jointly or either City individually chooses in its/their sole discretion to terminate its/their Municipal Court, this agreement shall expire following one (1) year's written notice by the City or Cities to the Attorney. 3.5 Obligations survive Termination. In the event of termination of this agreement, the following obligations shall survive and continue: 3.5.1 Representation. The compensation established in this agreement compensates Attorney for services relating to each and every assigned case. Therefore, in the {WSS1407665.DOCX;1/00005.001006/ } 4 4921-1612-4491, v. 1 } event this agreement is terminated pursuant to the expiration of the term, or pursuant to § 3.2, 3.3, or 3.4, Attorney will continue to represent clients on assigned cases until a case is concluded on the trial court level. Attorney will reasonably cooperate with newly appointed counsel on case reassignment in fulfillment of his/her ethical obligations. This subsection shall not apply in situations in which the Attorney is physically or mentally unable to perform or voluntarily suspends his/her license to practice law. 3.5.2 The provisions of sections 1 and 5, as well as this subsection 3.4 survive termination as to Attorney. The Cities shall remain bound by the provisions of section 2.2 with respect to additional costs incurred with respect to cases concluded after the termination of this contract. 4. Nondiscrimination. Neither the Attorney nor any person acting on behalf of the Attorney shall, by reason of race, creed, color, national origin, sex, sexual orientation, including gender identity, honorably discharged veterans or military status, or the presence of any sensory, mental, or physical disability, HIV/AIDS and Hepatitis C status or the use of a trained guide dog or service animal by a person with a disability, discriminate against any person who is qualified and available to perform the work to which the employment relates, or in the provision of services under this agreement. 5. Indemnification. 5.1 The Attorney agrees to hold harmless and indemnify the Cities, its officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including Attorney’s fees or awards, and including claims by Attorney’s own employees to which Attorney might otherwise be immune under Title 51 arising out of or in connection with any willful misconduct or negligent error, or omission of the Attorney, his/her officers or agents. 5.2 It is specifically and expressly understood that the indemnification provided herein constitutes the waiver of the Attorney’s waiver of immunity under Title 51 RCW solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. 5.3 The Cities agree to hold harmless and indemnify the Attorney, his/her officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including Attorney’s fees or awards, arising out of or in connection with any willful misconduct or negligent error or omission of the Cities, their officers or agents. 5.4 This section shall survive the termination or expiration of this agreement and shall continue to be in effect for any claims or causes of action arising hereunder. 6. Insurance. The Attorney shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or property which may arise from or in {WSS1407665.DOCX;1/00005.001006/ } 5 4921-1612-4491, v. 1 } connection with the performance of work hereunder by the Attorney, or the agents, representatives, employees, or subcontractors of the Attorney. 6.1 Minimum Scope of Insurance. Attorney shall maintain Professional Liability (Errors and Omissions) with a minimum limit of liability of $2,000,000 each claim. 6.2 Verification of Coverage. Attorney shall furnish the Cities with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Service Provider before commencement of the work. Policies shall provide thirty (30) days written notice of cancellation to the cities. The Public Defender shall provide the Cities with proof of insurance for “tail coverage” no later than December 31 of the year of termination of the Contract. The purpose of “tail coverage” is to provide insurance coverage for all claims that might arise from occurrences during the term of the Contract or extension(s) thereof, but not filed during the term of the Contract. 7. Work Performed by Attorney. In addition to compliance with the Standards, in the performance of work under this Agreement, Attorney shall comply with all federal, state and municipal laws, ordinances, rules and regulations which are applicable to Attorney’s business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 8. Work Performed at Attorney’s Risk. Attorney shall be responsible for the safety of his/her employees, agents, and subcontractors in the performance of work hereunder, and shall take all protections reasonably necessary for that purpose. All work shall be done at the Attorney’s own risk, and the Attorney shall be responsible for any loss or damage to materials, tools, or other articles used or held in connection with the work. Attorney shall also pay its employees all wages, salaries and benefits required by law and provide for taxes, withholding and all other employment related charges, taxes or fees in accordance with law and IRS regulations. 9. Personal Services, No Subcontracting. This Agreement has been entered into in consideration of the Attorney’s particular skills, qualifications, experience, and ability to meet the Standards incorporated in this Agreement. Therefore, the Attorney has personally signed this Agreement below to indicate that he/she is bound by its terms. This Agreement shall not be subcontracted without the express written consent of the Cities and refusal to subcontract may be withheld at the Cities’ sole discretion. Any assignment of this Agreement by the Attorney without the express written consent of the Cities shall be void. 10. Modification. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the duly authorized representatives of the Cities and the Attorney. 11. Entire Agreement; Prior Agreement Superseded. The written provisions in terms of this Agreement, together with any exhibit attached hereto, shall supersede all prior verbal statements of any officer or other representative of the Cities, and such statement(s) shall not be effective or construed as entering into or forming a part of, or altering in any manner whatsoever, {WSS1407665.DOCX;1/00005.001006/ } 6 4921-1612-4491, v. 1 } this Agreement. Upon execution, this Agreement shall supersede any and all prior agreements between the parties. 12. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in the Agreement or such other address as may be hereinafter specified in writing: CITIES: ATTORNEY: Steve Sexton, Special Projects Manager Jason Smith, North County Public Defense City of Mount Vernon 1720 Iowa St. 910 Cleveland Ave. Bellingham, WA 98229 Mount Vernon WA 98273 13. Nonwaiver of Breach. The failure of the Cities to insist upon strict performance of any of the covenants and agreements contained herein or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of such covenants, agreements, or options and the same shall be and remain in full force and effect. 14. Resolutions of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms or conditions contained in this Agreement, the matter shall be referred to the Contract Administrator, Steve Sexton, whose decision shall be final. Nothing herein shall be construed to obligate, require or permit the Cities, its officers, agents, or employees to inquire into any privileged communication between the Attorney and any indigent defendant. In the event of any litigation arising out of this Agreement, the prevailing party shall be reimbursed for reasonable Attorney’s fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the rules of the Washington Supreme Court as applicable. Venue for an action arising out of this Agreement shall be in Skagit County Superior Court. IN WITNESS WHEREOF, the parties have executed this Agreement on the __ day of June, 2025. AUTHORIZED TO BE SIGNED IN COUNTERPART CITY OF MOUNT VERNON By: Mayor Peter Donovan ATTEST/AUTHENTICATED: By Becky Jensen, City Clerk {WSS1407665.DOCX;1/00005.001006/ } 7 4921-1612-4491, v. 1 }  CITY OF BURLINGTON By: Mayor Bill Aslett ATTEST/AUTHENTICATED: By: Sandra Kottke, Interim Burlington Finance Director CITY OF SEDRO-WOOLLEY By: ______________________________ Mayor Julia Johnson ATTEST/AUTHENTICATED By: ______________________________ Kelly Kohnken, City Clerk/Treasurer APPROVED AS TO FORM: OFFICE OF SPECIAL COUNSEL: By: Drew T. Pollom ATTORNEY: Jason Smith, North County Public Defense EXHIBIT A The undersigned Attorney hereby personally warrants and certifies that as a condition of their performance of this Agreement on behalf of Attorney, they will commit to providing the services under this Agreement in accordance with the Standards set forth in sections 1, 4, and 7, and that the Attorney’s personal warranty of that performance shall survive the Agreement in accordance with subsection 3.4 of this Agreement. _________________________________________ ATTORNEY: Jason Smith {WSS1407665.DOCX;1/00005.001006/ } 8 4921-1612-4491, v. 1 }  NEW BUSINESS ITEM: A DATE: June 11, 2025 TO: Peter Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: WSDOT REGION 2025 UPDATE RECOMMENDED ACTION: No action required. Annual WSDOT update regarding SR 536 and SR 538. INTRODUCTION/BACKGROUND: Council requested briefing. FINDINGS/CONCLUSIONS: N/A RECOMMENDATION: N/A ATTACHED: WSDOT Brief will be available after the City Council Meeting  NEW BUSINESS ITEM: B DATE: June 11, 2025 TO: Mayor Donovan and City Council FROM: Frank Reinart, PE – City Engineer SUBJECT: PUBLIC HEARING FOR THE 2026-2031 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM RECOMMENDED ACTION: Open and close public hearing. INTRODUCTION/BACKGROUND: The City of Mount Vernon is required by the Revised Code of Washington (RCW), per RCW 35.77.010, to annually prepare and adopt a six-year Transportation Improvement Program (TIP). The TIP looks forward six years, counting from the year following adoption, and lists transportation-related civil engineering projects, including capital improvement projects that will contribute to accomplishing transportation goals and requirements identified by City and regional strategic planning. Project information in a TIP includes: project location/extents, scope of improvements, prospective delivery schedules for project stages, pre-design opinions of project costs, and funding strategies appropriate for the projects. The TIP is updated on an annual basis, at a minimum, to allow for changes in the project list, changes in individual project scope, and/or changes in funding opportunity. The TIP may also be amended during the year after it is adopted, in order to adapt to changes in project planning or conditions, or to respond to emergent opportunities. FINDINGS/CONCLUSIONS: A requirement for adoption of the final TIP is holding a public hearing to receive comments from the general public for consideration and response. City staff advertised for this public hearing in the Skagit Valley Herald on May 28 and June 4, 2025. The draft 2026-2031 TIP documents were made available on the City’s website at: https://mountvernonwa.gov/1086/Transportation-Improvement-Program-TIP City Staff anticipates bringing a recommendation and resolution to City Council to adopt the 2026-2031 TIP at the June 25, 2025, City Council Regular Meeting. The staff presentation at this meeting will also include responses and/or recommendations addressing public comments received during the Public Hearing. RECOMMENDATION: Open and close public hearing. ATTACHED: 1. Notice of Public Hearing – 2026-2031 Six-Year Transportation Improvement Program  CITY OF MOUNT VERNON, WASHINGTON NOTICE OF PUBLIC HEARING 2026-2031 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM NOTICE IS HEREBY GIVEN that the City Council of the City of Mount Vernon will hold a public hearing regarding the proposed 2026-2031 Six-Year Transportation Improvement Program on June 11, 2025. The public hearing will be held at City Council Chambers, 1805 Continental Place, Mount Vernon WA, beginning at 7:00 p.m. or as soon thereafter as possible. Copies of the proposed Six-Year Transportation Improvement Program are available for review: • At the City’s Transportation Improvement Program website: https://mountvernonwa.gov/1086/Transportation-Improvement-Program-TIP • At the Public Works Department at 1024 Cleveland Ave, Mount Vernon For questions on the 2026-2031 Six-Year Transportation Improvement Program, please contact Frank Reinart, City Engineer, at (360) 336-6204. Dated this 28th day of May 2025. Becky Jensen, City Clerk Publish: Skagit Valley Herald May 28 & June 4, 2025  NEW BUSINESS ITEM: C DATE: June 11, 2025 TO: Mayor Donovan and City Council FROM: Frank Reinart, City Engineer SUBJECT: ACCEPTANCE OF WORK: 2024 CURB RAMP IMPROVEMENTS – 2024-ITB-007 RECOMMENDED ACTION: Staff recommends Council authorize the mayor to accept the work performed by Trico Companies, LLC, for the 2024 Curb Ramp Improvements project. INTRODUCTION/BACKGROUND: The project included removing existing curb, gutter and sidewalk, regrading, forming and pouring new curb, gutter and sidewalk to meet current ADA standards. FINDINGS/CONCLUSIONS: Physical Completion was achieved on May 13, 2025, in accordance with the plans and specifications. This project was awarded to Trico Companies, LLC in the amount of $404.114.48 with a final cost of $416,084.90 for an overall increase of $7,970.42. RECOMMENDATION: Staff recommends accepting the work performed by Trico Companies, LLC, for the 2024 Curb Ramp Improvements project in the amount of $419,084.90. ATTACHED: None  NEW BUSINESS ITEM: D DATE: June 11, 2025 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: APPROVAL OF AGREEMENT AMENDMENT NO 9 – HKP ARCHITECTS, PLLC FOR THE MOUNT VERNON LIBRARY COMMONS PROJECT RECOMMENDED ACTION: City Staff recommend City Council authorize the Mayor to execute a contract amendment with HKP Architects, PLLC (HKP) for additional services for the Mount Vernon Library Commons Project in the amount of $50,128.75. INTRODUCTION/BACKGROUND: HKP is under contract with the City to provide architectural and engineering services, including extended contract administration services to complete the library commons punch list and warranty services. FINDINGS/CONCLUSIONS: The Contract Amendment addresses additional efforts to coordinate and facilitate dynamic communication amongst principal contractors, sub-contractors and city staff in order to reach final resolution of punch list and inspection items. RECOMMENDATION: City Staff recommend City Council authorize the Mayor to execute a contract amendment with HKP Architects, PLLC for additional services that were not included in the original Scope of Work for the Mount Vernon Library Commons Project in the amount of $50,128.75 and extend the agreement through December 2026. ATTACHED: Amendment No 9  Professional Services Contract Amendment No. 9 Project Title: Mount Vernon Library Commons Project Owner/Agency/Client: City of Mount Vernon Original Contract: $2,497,961.76 Amendment No. 1 (4/207/22): $169,121.30 Amendment No. 2 (8/10/22): $992,148.24 Amendment No. 3 (4/26/23): $148,338.00 Amendment No. 4 (12/13/23): $199,334.70 Amendment No. 5 (4/30/24): $231,760.75 Amendment No. 6 (8/6/24): $145,368.98 Amendment No. 7 (11/13/24): $108,416.19 Amendment No. 8 (2/26/25): $54,378.00 Amendment No. 9 (6/12/25): $50,128.75 New Total Contract Amount: $4,596,956.67 Consultant: HKP Architects PLLC 204 Montgomery Street Mount Vernon, WA 98273 (360) 336-2155 The City of Mount Vernon, hereinafter referred to as the CITY, desires to change the PROFESSIONAL SERVICES AGREEMENT entered into with HKP Architects PLLC, hereinafter referred to as the CONSULTANT, originally executed on the 26 th day of May, 2021. All provisions of the Agreement remain in effect except as expressly modified by Contract Amendment No. 9. The changes to the Agreement are described as follows: CONTRACT TERM is hereby extended to December 31, 2026 SCOPE OF SERVICES is hereby changed as follows: See attached for additional services COMPENSATION is hereby changed as follows: See attached for additional services IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written below. Consultant Name City of Mount Vernon By: By: Signature Date Peter Donovan, Mayor Date Attest: Printed Name, Title Becky Jensen, City Clerk Approved as to Form: Kevin Rogerson, City Attorney Page 1 of 1 June 3, 2025 Chris Phillips, Director Public Works City of Mount Vernon 910 Cleveland Avenue Mount Vernon, WA 98273 Re: Mount Vernon Library Commons (Library/Community Center/Parking Garage) HKP Project No. 661 Contract Amendment 9: Additional Services for CCA 6 Dear Chris: HKP Architects, PLLC (“Architect”) respectfully presents the following Contract Amendment Request to provide professional architectural and engineering services to The City of Mount Vernon ("Owner") for the Mount Vernon Library Commons located at 208 W. Kincaid and 3rd Street, Mount Vernon, Washington. The following Additional Services were not included in our previously approved Scope of Work and are due to extended construction delays or other causes as noted. 1. Scope of Additional Services for this Amendment The following items are Additional Services required for Construction Contract Administration (CCA) to date. 1.1 Extended Construction Contract Administration Services – Part 6 With the extension approved in Amendment #8, HKP’s current Contract Date extended to April 4, 2025. The current Construction Schedule Final Completion is still not confirmed by Lydig, but anticipated by HKP to be by the end of May or early June, 2025. HKP is requesting two (2) additional months for this Part 6 request, in order to continue services through June 4, 2025. HKP will only bill the actual services used in this period, as we have been for the previous months. We are also including a Contingency amount to cover any unforeseen extension of time, added effort, or lack of efficiency caused by the Contractor’s delays and or scheduling of completing punchlist items and multiple backchecking efforts on our part. Mount Vernon Library Commons HKP Project No. 661 Amendment 9 06/03/2025 Please see the attached summary of previous months’ time and materials, on which this estimate is based. As with previous amendments, HKP will invoice only the time actually spent. HKP Architects Part 6 (extension through May and June) $27,148.75 Contingency (add’l extension and/or effort) $15,000.00 Total $42,148.75 1.2 Additional Warranty Period Services for Multiple Phases of Completion Our services for standard One-Year Warranty are based on their being one Substantial Completion Date and a single One-Year Warranty review and coordination. Given that the project ended up having three (3) Substantial Completion dates, we are respectfully requesting additional fees for the two extra warranty period reviews that will be performed in 2025 and 2026. Warranty review includes a site walk of all the areas completed in the phase, with formal documentation of any items that show undue wear, failure, or inspection. This includes, but is not limited to, items that were noted on our initial Warranty List. Time involved includes 2 staff people for 4 hours each for site visit, 2 hours each for documentation, 2 hours each for coordination with the Contractor and Owner’s Representative, and 2 hours each for follow up. Partner-in-Charge will waive their hours. HKP Architects Warranty Review for Phase 2 $ 3,000.00 10 hours @ $175 10 hours @ $125 Warranty Review for Phase 2 $ 3,000.00 10 hours @ $175 10 hours @ $125 Total $ 6,000.00 1.3 Additional Wayfinding and Graphics Scope of work includes additional building signage requested by Owner and provided outside of the General Contractor’s contract. Time includes design, requests for proposals and site walks with multiple sign fabricators, and on-site installation coordination. HKP’s time is captured in our monthly CA fees. See BrandQuery Amendment 4 attached for breakdown. BrandQuery (Signage and Wayfinding) $ 1,800.00 HKP Mark-up on Subs (10%) $ 180.00 Total $ 1,980.00 2025-0513 MVLC Amendment 9.docx Page 2 Mount Vernon Library Commons HKP Project No. 661 Amendment 9 06/03/2025 2. Compensation 2.1 Compensation for Scope of Additional Services shall be a fixed fee of $50,128.75 (Fifty Thousand One Hundred Twenty-Eight Dollars and Seventy-Five Cents) not including reimbursable expenses and will be billed monthly as services are completed. Item Description 1.1 Extended CCA-Part 6 $ 42,148.75 1.2 Additional Warranty Reviews $ 6,000.00 1.3 Additional Wayfinding $ 1,980.00 TOTAL $ 50,128.75 2.2 Architect’s current hourly rate schedule is as follows: Hourly Rates: Billing Rate Level 5 $ 210 Principal, Senior Designer Billing Rate Level 4 $ 175 Project Architect, Technical Architect, Specifier, Risk Manager Billing Rate Level 3 $ 125 Architectural/Interior Staff, Senior Admin., Project Manager. Billing Rate Level 2 $ 100 Junior Architectural/Interior Staff. 2.3 Subconsultant Hourly Rates: See attached amendment and rates. 3. Summary 3.1 Terms of Agreement are per the Master Professional Services Agreement, as mutually agreed to by Owner and Architect. Respectfully, Julie Blazek, AIA, LEEP AP, CPHC® Partner Attachments: HKP Contract Time Extension_Estimate 9 Consultant Amendment Request 4 - BrandQuery 2025-0513 MVLC Amendment 9.docx Page 3  6/2/2025 Client: City of Mount Vernon Project: Mount Vernon Library Commons Project No. : 661 Amendment 9: CCA for Contract Time Extension, Part 6 Team Members Actual hours to Date for May, Total Fees for May to Date, Rate Actual Hours for April, 2025 Total Fees for April, 2025 2025 (approx. 1/2 mo) 2025 (approx. 1/2 mo) Julie Blazek, Partner in Charge $210.00 7.50 $1,575.00 2.75 $577.50 Christine Baldwin, Project Architect $175.00 38.75 $6,781.25 13.75 $2,406.25 Spencer Olsufka, Project Manager $125.00 40.50 $5,062.50 11.25 $1,406.25 Austin Miles, Project Support $125.00 0.00 $0.00 0.00 $0.00 Claira Pettit, Project Support $90.00 0.00 $0.00 0.00 $0.00 Chelsea Lankford, Project Support $90.00 0.00 $0.00 0.00 $0.00 TOTAL Actual Fees per Month $13,418.75 $4,390.00 x2 $8,780.00 HKP Amendment Request Extension Total April $13,418.75 May $8,780.00 May 30 - June 4 estimated $5,000.00 SUBTOTAL $27,198.75 Contingency $15,000.00 TOTAL Amendment Request $42,198.75 HKP_Contract Time Extension_Estimate 9.xlsx 1 of 1 HKP Architects  Amendment 9, Item 1.3 Amendment 4 Date: 05/13/25 Number: HKP093 Amendment #4: V1 AE/Team: JLB Due Date: TBD Julie Blazek, HKP Architects 204 West Montgomery, Mount Vernon, WA 98273 Project Name: Mount Vernon Library Commons - Additional Services Description: Sign company research and coordination. Additional work due to the City’s choice for sign work withdrawing from the project due to health issues. Scope of Work 1. Research appropriate sign company’s and discuss project 2. Meet on-site to review areas of work to obtain vendor quote 3. Review vendor’s quote 4. Deliver artwork via digital transfer 5. Review artwork proof as provided by vendor 6. Meet on-site with installers to review installation locations and overall project 7. Site visit following installation for review of all installed signage and graphics 8. Continuous communication with HKP Architects throughout to completion Hourly Rate $225 1 - 8 as noted $1,800.00 Total $1,800.00 Acceptance of Proposal & Estimate Should the terms of this proposal and estimate meet with your approval, please sign and return a copy of this estimate agreement. Work will begin as directed once this signed agreement has been received. Approvals Julie Blazek Date: 360/336.0152 • 1207 Cleveland Avenue, #1724, Mount Vernon, WA 98273 • www.brandquery.com  NEW BUSINESS ITEM: E DATE: June 11, 2025 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: APPORVAL OF AGREEMENT AMENDMENT NO 5 - OAC SERIVCES, INC FOR THE MOUNT VERNON LIBRARY COMMONS PROJECT RECOMMENDED ACTION: City Staff recommend City Council authorize the Mayor to execute a contract amendment with OAC Services, Inc (OAC) for additional project management services for the Mount Vernon Library Commons Project in the amount of $ $93,496.10. INTRODUCTION/BACKGROUND: OAC Services, Inc. is under contract to provide Project Management services from March 1, 2022, through completion which was expected to last through February of 2024 and has been extended incrementally through prior change orders. FINDINGS/CONCLUSIONS: The Contract Amendment addresses issues arising with utility coordination early in the project, design changes during construction, material supply chain issues, design defects, and contractor delays. Substantial completion of the project has been delayed and is currently scheduled for late May 2025. OAC is seeking to amend the contract to continue providing Project Management services through closeout and the end of the warranty period in Q2 of 2026, a 5-month extension from the term anticipated in Amendment No 4. This amendment includes additional scope beyond what was in the original agreement. OAC anticipates completing Task 2 by Q4 of 2025 and will be available to provide the warranty support listed under Task 3(4) by Q2 of 2026 when the 1-year warranty period will conclude. The estimated final completion date is Q2 of 2026. Currently the city is maintaining costs within the projects allotted contingency funding. RECOMMENDATION: City Staff recommend City Council authorize the Mayor to execute the contract amendment with OAC Services, Inc for Mount Vernon Library Commons Project Management services not to exceed the amount of $93,496.10 and extended through December 2026. ATTACHED: Amendment No 5  CHANGE ORDER This CHANGE ORDER (“CO”) NO. 005, effective May 30, 2025 modifies, supplements and extends the terms of the written agreement between OAC Services, Inc., a Washington corporation (“OAC”) and City of Mount Vernon, WA (“Client”) dated March 1, 2022 (the “Agreement”) for the Project, as follows: I. PROJECT: Project Description: City of Mount Vernon: Library CC PG Ph. Project Location: « Mount Vernon WA 98273 OAC Project No. R16-210322.00 Assigned Staff: Jeff Arbuckle Molly Boone Mary Ganz David Jobs I. SCOPE: OAC’s scope of services for this Project (the “Services”) is set forth in Exhibit A. II. COMPENSATION: The Services performed under this CO will be compensated up to a Not to Exceed (NTE) amount of $2,589,283.10. The Services will be invoiced at the hourly rates set forth in Exhibit A or, if none provided, then at the hourly rates set forth in the Agreement. Except as provided otherwise in the Agreement, reimbursable expenses will be subject to markup of 15% and subconsultants costs are subject to markup of 10%. If compensation is NTE, upon reaching the not- to-exceed amount, OAC will give Client the opportunity to continue the services at OAC’s then- current hourly rates on a time and expense basis or an alternative negotiated fee; absent written agreement to the contrary, such services will be compensable on a time and expense basis. If compensation is a Fixed Fee, Client shall pay OAC in equal monthly payments except as otherwise set forth in Exhibit A. Compensation Summary Professional Subconsultant Reimbursable Agreement Totals Services Costs Changes Expenses Original contract amount $ 1,751,949.00 $ - $ 31,500.00 $ 1,783,449.00 Prior Change Order(s) $ 722,163.00 $ - $ (9,825.00) $ 712,338.00 This Change Order $ 95,171.10 $ - $ (1,675.00) $ 93,496.10 Adjusted Contract Amount $ 2,569,283.10 $ - $ 20,000.00 $ 2,589,283.10 III. SCHEDULE: The schedule for completion of OAC’s Services is estimated to be as set forth in Exhibit A1. IV. TERMS: All terms, conditions and obligations of the Agreement remain in full force and effect except as expressly modified by a fully executed change order. This CO, together with the Agreement, constitutes the entire understanding of the parties with respect to this subject matter and supersedes all prior or contemporaneous statements, representations, or promises, whether written or oral. (Signatures on following page) OAC SERVICES, INC. Change Order IN WITNESS WHEREOF, the parties have caused their authorized agents to execute this CO to the Agreement effective on the date set forth above. OAC SERVICES, INC. [City of Mount Vernon, WA] By: By: Name: Name: Title: Title: Date: Date: ATTEST: By: Name: Title: Date: Approved as to Form: By: Name: Title: Date: OAC SERVICES, INC. Change Order  EXHIBIT B-1 Mount Vernon Library Commons Project Management Scope of Work (SOW) – Change Order 05 Summary of Change Request OAC Services, Inc. was contracted to provide Project Management services from March 1st, 2022 through completion which was expected to last through February of 2024. Due to issues arising with utility coordination early in the project, design changes during construction, and material supply chain issues, design defects, and contractor delays substantial completion of the project has been delayed and was not achieved until May 23, 2025 with Final Acceptance not expected until early Q4 2025. OAC is seeking to amend the contract to continue providing Project Management services through closeout and the end of the warranty period in Q2 of 2026. OAC anticipates completing Task 2 by Q4 of 2025, and will be available to provide the warranty support listed under Task 3(4) by Q2 of 2026 when the 1-year warranty period will conclude for the entire facility (some portions of the facility reach the end of their warranty period in Q4 2025). Scope Increase – the following tasks from the AGREEMENT are to be modified as follows: Task 2 – Construction Phase Services B. Contract Administration 1. Coordinate with the City, construction contractor, Designer, appropriate agencies, adjacent property owners, and utilities. This scope of work has increased beyond what was reasonably anticipated at the time the AGREEMENT was entered into. Notably this included additional labor hours for the time extension of project closeout, Substantial Completion, design defects and prolonged remediation time, and coordinating alternate EV charger components and programming due to EnelX terminating North American operations indefinitely before project completion, as well as support for unanticipated works such as repairing the garage gate. 13. Monthly Pay Requests: c. Monitor contractor’s adherence to Washington State prevailing wage requirements, as well as Federal Davis Bacon wage requirements. Includes verification of prevailing wage submissions by contractor and subcontractors, on site interviews of workers, coordination with the contractor for compliance, and related reporting. Task 3 – Closeout and Warranty 8. Provide assistance to the City with any audit queries that may arise due to State or Federal funding compliance.  EXHIBIT B-1 Mount Vernon Library Commons Project Management Compensation – Change Order 05 Summary of Change Request Compensation for the increased scope of work under Task 2, as well as the continuation of Tasks 2-3 through Q2 2026: $ $93,496.10.