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2021-01-19 City Council - Full Agenda-27691. 2. 3. 4. 5. 6. 7. o Agenda Edmonds City Council V,j Hv REGULAR MEETING - VIRTUAL/ONLINE VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 JANUARY 19, 2021, 7:00 PM DUE TO THE CORONAVIRUS, MEETINGS ARE HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO JOIN, COMMENT, VIEW, OR LISTEN TO THE EDMONDS CITY COUNCIL MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. IN ADDITION TO ZOOM, REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT ROLL CALL INTERVIEW FOR BOARD/COMMISSION APPOINTMENT 1. Arts Commission Candidate Interview (15 min) APPROVAL OF THE AGENDA AUDIENCE COMMENTS APPROVAL OF THE CONSENT AGENDA Edmonds City Council Agenda January 19, 2021 Page 1 1. Approval of Council Meeting Minutes of January 12, 2020 2. Approval of claim checks. 3. Arts Commission Candidate Appointment 4. November 2020 Monthly Financial Report 5. Frances Anderson Center Tenant Building Use Agreements 6. Waterfront Center Building Use Agreement 7. Interlocal Agreement for Jail Services with Snohomish County 8. Computer Decommissioning and Surplus 9. Renewal of Interlocal Agreement With Snohomish County Drug Task Force 8. UNFINISHED BUSINESS 1. Extension of acting directorship authority for Acting Chief Jim Lawless (25 min) 2. Review of Council Code of Conduct (60 min) 9. EXECUTIVE SESSION: TO DISCUSS POTENTIAL LITIGATION PER RCW 42.30.110(1)(1). 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS ADJOURN Edmonds City Council Agenda January 19, 2021 Page 2 4.1 City Council Agenda Item Meeting Date: 01/19/2021 Arts Commission Candidate Interview Staff Lead: Frances Chapin Department: Mayor's Office Preparer: Carolyn LaFave Background/History A retirement on the Arts Commission left Position #3 vacant. The position was advertised in the local media and in the Edmonds Arts Commission Newsletter in late fall. The Commission received three applications and a panel of three Arts Commissioners interviewed the applicants in December. Candidate Richard Chung was recommended by the panel and approved at the January 4, 2021 Arts Commission meeting and forwarded to Mayor Nelson for interview. Staff Recommendation Interview Arts Commission Candidate Richard Chung for appointment to Position #3 of the Arts Commission. Narrative After review of Mr. Chung's application and resume, Mayor Nelson interviewed him and is recommending his appointment to the Arts Commission. Attachments: Richard Chung Application 2021_Redacted Richard Chung EAC Letter of Interest —Redacted Richard Y Chung 2020-11_Redacted Packet Pg. 3 4.1.a City of Edmonds Citizen Board & Commission Application Edmonds Arts Commission Name Date Address Phone (day) Phone (eve) Length of residence in Edmonds Email Occupational status and background Organizational affiliations Why are you seeking this appointment? What skills and knowledge do you have to meet the selection criteria - e mon s ~ ' ARTS COMMISSION i 2Gc.-r GZ Signature Please attach a letter of interest and a resume and return all to: Email — eacA, dmondswa.gov Or Mail, receive by Dec 1, 2020 - EAC Nominations 700 Main Street Edmonds WA 98020 425-771-0228 1 eackedmondswa.gov I www.edmondsartscommission.org Packet Pg. 4 4.1.b Richard Y. Chung Edmonds, WA 98026 ON&= November 30, 2020 City of Edmonds, Arts Commission RE: Edmonds Arts Commission Application, Letter of Interest Dear Sir/Madam, Please find attached my application for the Edmonds Arts Commission opening for 2021. As a brand new resident of Edmonds, I was ecstatic to discover there is an opening for the Commission. I truly believe that investment in the arts is a necessity. An engineer by training, I spend much of my day in the fields of applied computer science and technical specifications. It's always a breath of fresh air when I can sit back and appreciate the creativity and fluidity of artistic pursuits, in any of the performing, literary, or visual realms. Whether going to theatres in Seattle with my wife, or perusing art galleries in Edmonds, I love relaxing by admiring and supporting local artists. I've always believed that investment in one's own community is the best way to lead a fulfilling life and make an impact for the better. I love to seek out unique and interesting community engagement opportunities, including being a member of the city of Kirkland's Park Board, and volunteering as a reserve firefighter and EMT with the city in the past as well. I believe this opportunity on the Edmonds Arts Commission will be equally fulfilling and challenging, and can't wait to get involved! Please let me know if you have any questions. Thank you! Richard Chung Packet Pg. 5 4.1.c RICHARD Y CHUNG EDMONDS, WA SUMMARY • Technology innovator with over 16 years of industry experience in software development, building massively scalable distributed systems and cloud services. • Intimate knowledge of market strategy and product execution, from scrappy startups to large corporations, and mid -sized organizations in-between. • Proven track record building out ventures and creating business value from scratch. • Collaborative leader of highly functional and effective teams. PROFESSIONAL EXPERIENCE 2018-2020 Engineering Architect & Product Redmond, WA B111GO, Inc. (acquired Prism Money) • Product Owner & evangelist of bill pay platform for payment processors and financial institutions. • Engineering Manager & leader of multi -disciplinary team defining and executing deliverables. • Led sales/business development, created solutions engineering team to maximize client success. • Drove product roadmap, organizational strategy, and innovation for existing and new initiatives. 2016-2018 Director of Product, previously Software Architect & Engineering Lead Redmond, WA Handle Financial (acquired Prism Money) • Responsible for architecture, performance, and quality of the Prism service and internal toolsets. • Developed revenue drivers to realize and grow consumer business from $0 to $150K/month. • Created Prism Platform Services, powering bill presentment and payment technology for financial institutions and fintech companies. Managed all technical and operational relationships with partners like Quicken, with the integration of the Prism API. Revenue of $100K/month. • Secured Prism service to achieve ISO-27001, PCI DSS, and SSAE 18 compliance. • After acquisition of Prism Money by Handle Financial, grew size of organization from 10 to 30 people by hiring and mentoring cross -discipline team. 2012-2016 Principal Software Engineer (Founding Engineer) Bellevue, WA Prism Money • Prism Money is a beloved fintech app that brings control to your financial life by organizing and paying your monthly bills and tracking your accounts. Prism was acquired by Handle in Jan 2016. • As founding engineer, prototyped and iterated on product to realize product -market fit. Honed, polished, and built out product and service, growing from 100 users to 1M+ users today, while retaining 5-star app store rating. • Designed, developed, and maintained innovative real-time payments infrastructure, handling over $113+ payments ($5M payments/day). • Directly engaged with customers to understand and refine requirements and resolve issues. • Managed social media persona: Facebook, Twitter, Instagram, blog author, & copywriter. 2010-2012 Senior Software Design Engineer Redmond, WA SkyDrive (now OneDrive), Microsoft Corporation • Ownership of the SkyDrive client file synchronization engine, a cross -platform lightweight background process that keeps files synchronized with the SkyDrive cloud storage service. • Created distributed telemetry solution for getting quality -of -service data and diagnostic feedback from installed user base. • Team -wide technical leadership. Defined coding standards, practices, and processes. Packet Pg. 6 4.1.c 2006-2010 I•011 ►•Ii111:1 2003-2004 Software Design Engineer II Windows Live Sync (Live Mesh), Microsoft Corporation Redmond, WA • Second engineer hired in "v1" startup -style team, chartered to build a "Software + Services" platform to drive long-term vision for Microsoft under Chief Software Architect Ray Ozzie. • Prototyped and built client platform enabling synchronization across devices and cloud. Exposed API and data model that synchronized seamlessly across devices, regardless of internet connectivity. • Owned integration of platform with Silverlight, custom unit -testing framework, build process, and automated log & dump collection for investigations. • Managed and mentored college interns. Software Design Engineer Windows Live (MSN) Messenger Server, Microsoft Corporation Redmond, WA • Responsible for operational manageability of the MSN Messenger service, including automating deployment, configuration, and monitoring solutions for thousands of servers. • Designed, implemented, and deployed security -related content signing server using backend hardware security modules, with capability for revocation of compromised content. • Created side -by -side beta cloud, allowing for the ability to beta test new cloud software versions. • Designed and implemented algorithm to grow service with zero down -time. • Automated processes to allow for faster and higher quality team software development. Computational Biology Researcher Department of Computer Science, Cornell University Ithaca, NY • Developed novel and efficient machine learning algorithms for protein family comparison. Used information -theoretic principles and machine learning techniques to discover patterns in protein family data by correlating secondary structure data. • Published paper in "BMC Bioinformatics". EDUCATION 2000-2004 Cornell University, College of Engineering Ithaca, NY Bachelor of Science (Magna Cum Laude with Honors) Major in Computer Science, Minor in Biomedical Engineering Cumulative GPA: 3.91, Major GPA: 3.91, Dean's List (all semesters) 2000 Crescent School Toronto, Canada Ontario Secondary School Diploma Governor General's Academic Medal (Valedictorian), Final Grade Average: 97.0% VOLUNTEER EXPERIENCE 2015—Present Board Member Kirkland, WA Park Board, Parks & Community Services, City of Kirkland • Appointed by City Council, the Kirkland Park Board acts in an advisory capacity, providing policy advice and assistance on issues pertaining to Parks and Community Services. 2008-2011 Reserve Firefighter & Emergency Medical Technician Kirkland, WA Fire Department, City of Kirkland • King County -certified EMT-B. • Weekly graveyard shift. Dispatched to medical and fire emergencies. Packet Pg. 7 7.1 City Council Agenda Item Meeting Date: 01/19/2021 Approval of Council Meeting Minutes of January 12, 2020 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 01-12-2021 Draft Council Meeting Minutes Packet Pg. 8 7.1.a EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING DRAFT MINUTES January 12, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Jessica Neill Hoyson, HR Director Whitney Rivera, Municipal Court Judge Uneek Maylor, Court Administrator Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Buckshnis read the City Council Land Acknowledgement Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Edmonds City Council Draft Minutes January 12, 2021 Page 1 Packet Pg. 9 7.1.a Mark Haroldson, Edmonds, commented the proposed code of conduct is significantly better than the document proposed last August and he thanked those involved in making the changes. He liked that the document was structured into four sections, the first three related to accountability among Councilmembers, among City employees and with external entities and the fourth related to administration and enforcement. Although that is a good framework for the document, there are still a lot of subjective phrases and specifics in each section that could cloud the conversation and make it difficult to understand. He suggested adding a preamble related to the subjective language or to describe the spirt of document. Direct dialogue is an important professional tool. As written, he was concerned the document could be used by a third party observer to squelch conversation versus the parties interacting with each other. He recognized that was not the intent of the document but as written, it was a possibility. As civic leaders, he hoped they were interacting with each other and members of the communities in a way that was self -aware enough to know when the interaction was becoming too strong and he hope they all have the tools to deal those types of situations. He hope the Council would address in its discussion why this code of conduct as being proposed now, the shortcomings of the current document and what the Council is trying to accomplish with this document. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 6. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CONSENT AGENDA. Councilmember Olson requested Item 6.1, Approval of Council Meeting Minutes of January 5, 2020, and Item 6.6, Waiving Rent Payments for the Chamber of Commerce from January -June 2021, be removed from the Consent Agenda for minor changes. Council President Paine referred to a memo from City Clerk Scott Passey with changes to the January 5, 2021 minutes. Councilmember Olson said she had not read that email. Council President Paine requested the addition of 6.7 to incorporate a memo the Council received from Mr. Passey incorporating scrivener errors and minor corrections to the January 5, 2021 minutes. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES 4. APPROVAL OF WHITNEY RIVERA APPOINTMENT TO MUNICIPAL JUDGE 5. MOU EXTENDING TEAMSTERS COLLECTIVE BARGAINING AGREEMENT ITEMS REMOVED FROM CONSENT APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY 5, 2020 Councilmember Olson relayed the changes to the minutes that she requested were reflected in the memo from City Clerk Scott Passey so the minutes did not need to be pulled from the Consent Agenda. Edmonds City Council Draft Minutes January 12, 2021 Page 2 Packet Pg. 10 7.1.a 6. WAIVING RENT PAYMENTS FOR THE CHAMBER OF COMMERCE FROM JANUARY-JUNE 2021 Councilmember Olson relayed a comment from Finance Director Dave Turley during committee meeting that in the resolution on packet page 50, January 2020 needed to be changed to January 2021. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, MOVED TO APPROVE THE RESOLUTION WAIVING RENT PAYMENT FOR THE CHAMBER OF COMMERCE JANUARY-JUNE 2021. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO CHANGE THE END DATE TO SEPTEMBER 30, 2021. Councilmember Buckshnis said she was hopeful vaccinations and everything will under control by June, but there is still a pandemic and a recession and it was likely the rent waiver would need to be extended in June. If things start getting back to normal, the first Chamber event will be 4r' of July. She summarized it would be advantageous to waive the Chamber's rent for nine months instead of six. Councilmember Distelhorst recalled last week this topic was referred to committee and asked if the September date was discussed at committee tonight. Councilmember Olson said it was discussed at committee. Councilmember Fraley-Monillas said it was brought up at committee but no decision was made. The reason she suggested six months was a lot of other organizations pay rent to the City, some are up and running and some are not, and she hoped to have a better idea by June whether the rent waiver should continue. Waiving the Chamber's rent has implications for other organizations that pay rent to the City. If necessary, the Council should approve another six months in June, but at this point it is premature to ask for free rent for nine months. Councilmember Buckshnis agreed the committee did not make a recommendation. For the Chamber's budgetary purposes, it would be preference to waive the rent for nine months, anticipating there will still be a pandemic/recession by June, the Chamber needs the assistance and three extra months would not be that difficult. Councilmember Olson agreed with approving a waiver of rent for six months and revisiting it in view of the City's other tenants. AMENDMENT FAILED(1-6), COUNCILMEMBER BUCKSHNIS VOTING YES. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CHANGE JANUARY 2020 TO JANUARY 2021 ON PACKET PAGE 50. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 1. APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY 5, 2020 COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE COUNCIL MEETING MINUTES OF JANUARY 5, 2020 INCLUDING THE CORRECTIONS AS CONTAINED IN THE CITY CLERK'S MEMO. MOTION CARRIED UNANIMOUSLY. 7. NEW BUSINESS Edmonds City Council Draft Minutes January 12, 2021 Page 3 Packet Pg. 11 7.1.a 1. OATH OF OFFICE/SWEARING IN CEREMONY FOR MUNICIPAL COURT JUDGE Judge Linda Coburn relayed the City is in good hands with Judge Rivera. Normally when someone joins the bench and becomes a judge for the first time, it is significant event and there is a huge swearing in ceremony to honor and memorialize the event, but due to COVID, this the only chance for her to be recognized in public. Judge Coburn said she swore in Judge Rivera in person previously but it was agreed to do it via Zoom so masks can be removed and the public can see her. Judge Rivera is a graduate of Edmonds-Woodway High School and formerly a career public defender with Snohomish County Public Defender Association. She is passionate about access to justice and will be an amazing judge for the City. Judge Coburn swore in Whitney Rivera as the Edmonds Municipal Court Judge. Judge Coburn congratulated Judge Rivera and welcomed to the Edmonds Municipal Court. Judge Rivera thanked Judge Coburn for swearing her in, commenting it meant the world to her. She expressed gratitude and eagerness to start the position. She thank Mayor Nelson for appointing her and the entire hiring committee that participated, Council for taking the time to speak with her and confirming her appointment and the time and effort put into the selection process. She recognized there were big shoes to fill and she owed a debt of gratitude to Judge Coburn who has spent countless hours with her, training and mentoring her since the resolution of intent to confirm was approved. She thanked Judge Coburn for the time she has spent ensuring she can step into the position. Judge Rivera said she was eager to serve Edmonds, the community where she grew up and lives, to work with the fantastic staff at the Edmonds Municipal Court, commenting when she walked in a month ago, she had no idea what fantastic people work there, from the Court Administrator Uneek Maylor to all the court clerks and probation staff. The City is lucky to have everyone that works there. She was eager to get started and continue Judge Coburn's legacy providing the community access to the court and access to justice. 2. PROSECUTING ATTORNEY LEGAL SERVICES AGREEMENT Sharon Cates, City Attorney's Office, explained this is proposed Amendment #5 to the Zachor & Thomas Prosecuting Attorney Legal Services Agreement. The City has been working with Zachor & Thomas under its 2013 agreement for 7 years and that agreement has been amended 4 times, primarily to extend it.. The latest extension in Amendment #4 extended the agreement through December 31, 2020, meaning the agreement has now expired and the City is working under the terms of that expired agreement until the extension is approved. Ms. Cates explained the process of amending the agreement began in October 2020 when Lighthouse was asked to make a presentation regarding how things were going with Zachor & Thomas because the previous amendment had intended to look at the services that were being provided. Lighthouse talked with those who work with Zachor & Thomas on a daily basis and made a presentation to the City Council on November 2" d at which time the City Council approved moving forward with negotiating a one year extension to the agreement with the understating an RFP would be done in early 2021 to test the market again. The draft Amendment #5 in the packet has been negotiated with Zachor & Thomas who agreed to a lower base fee for services due to the general order put in place by the Edmonds Police Department regarding the charge of Driving With License Suspended 3 (DWLS3). If that general order is repealed or there are changes to how DWLS3 is handled, the parties reserve the right to renegotiate fees. DWLS3 charges make up a large portion of the prosecutor's office's work. Zachor & Thomas and the public defender developed data to understand the impact of the general order on the prosecutor's office's caseload. Because not all DWLS3 charges would be affected, some would still be charged along with other Edmonds City Council Draft Minutes January 12, 2021 Page 4 Packet Pg. 12 offenses, the estimated reduction in workload would be about 15%. Amendment #5 reflects the 15% decreased in the base rate, from $21,250/month to $18,062. Councilmember K. Johnson recalled from the prosecutor's presentation in November that DWLS3 represented 40% of their workload and asked why there was only a 15% reduction. Ms. Cates agreed there was discussion about the potential reduction in caseload and recalled it the presentation stated it represented about 30% of their caseload. Because of the way the general order is written, the number of DWLS3 charges that might still come up in connection with other charges, the prosecutor's office and the public defender worked together to develop data to help them determine how it would affect their caseload. Because not all cases with DWLS3 charges will go away, only about 15% of the cases will not appear before them. Councilmember K. Johnson relayed her understanding that the prosecutor and the public defender worked together to developed that estimate. Ms. Cates said Zachor & Thomas developed the estimate relying on data the public defender provided as Zachor & Thomas does not track that data. Because the public defender only tracks their data and they do not represent all defendant at the municipal court, they could only provide the data they had and Zachor & Thomas extrapolated from that data how their workload would be affected. In reviewing that data and based on the information they had, Ms. Cates found it an appropriate conclusion to reach. Council President Paine was hopeful some of the specifics included in the resolution regarding DWLS3 and the general order issued this year would be incorporated into the RFP and the next contract. She expressed appreciation for Ms. Cates' response to her email; she wanted to ensure there was data collection because sometimes the numbers are fuzzy and she wanted to ensure there was actual data to show the program was in place and working and there was comparison data. Council President Paine recognized the prosecuting attorney's contract has expired and needs to be renewed until there is an RFP. Ms. Cates agreed with Council President Paine that data tracking will be critical for the success of the program. The City's DLWS3 program will be included in the RFP. In an effort to get the proposed agreement approved sooner than later, she suggested after this amendment is approved, another amendment be drafted to request Zachor & Thomas provide data tracking; fees for that will need to be negotiated as it is not in the existing agreement. Council President Paine said having numbers will be important throughout the entire process. The City needs to know that the program is working and being properly managed. The most elegant solution is having both the public defender and the prosecuting attorney determine a proper path for the program. Councilmember Distelhorst voiced support for Council President Paine's comment and agreed with considering data tracking in a future amendment because not having data makes informed policy decisions very difficult. Ms. Cates relayed the recommended action: approval of Amendment #5 and if the Council wished, to authorize her to negotiate a new amendment for data tracking purposes. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, THAT WE ALLOW HR AND OUR ATTORNEYS TO NEGOTIATE AMENDMENT #5 FOR THE PROSECUTING ATTORNEY'S LEGAL SERVICE AGREEMENT. Ms. Cates clarified Amendment #5 has been negotiated; she asked if the motion was to negotiate a new Amendment #6 for the data tracking or a motion to approve Amendment #5 in the packet. Councilmember Fraley-Monillas said she thought it was Amendment #6, commenting it was hard to follow in the document the Council was given. Edmonds City Council Draft Minutes January 12, 2021 Page 5 Packet Pg. 13 7.1.a Councilmember Distelhorst restated the motion: COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE AMENDMENT #5 AS INCLUDED IN THE CITY COUNCIL AGENDA AND ALSO INCLUDE NEGOTIATION OF AN AMENDMENT #6 TO INCLUDE DATA TRACKING FOR THE DWLS3 PROGRAM. Councilmember Buckshnis suggested including data tracking in Amendment #5. Ms. Cates answered the urgency of getting Zachor & Thomas back under contract is the primarily reason for moving ahead with approving Amendment #5 now which would be followed by negotiating Amendment #6. MOTION CARRIED UNANIMOUSLY. 8. UNFINISHED BUSINESS 1. REVIEW OF COUNCIL CODE OF CONDUCT Councilmember L. Johnson relayed she was happy to have this draft Code of Conduct before Council. The three member subcommittee, Councilmembers Olson, Distelhorst and she had a final Zoom meeting last night; they recommend reviewing the code section by section with the goal of getting through the entire document with opportunity for comments and questions. Councilmember Distelhorst reviewed: Background o In December 2013, the Council passed Resolution No. 1306 adopting a new Code of Conduct; applies to Mayor, Councilmembers and all members of City board, commissions, committees or work groups o In June 2015, the Council approved a new Code of Ethics; applies to elected officials and appointed citizen volunteers o Draft Code of Conduct would only replace Resolution No. 1306 for Councilmembers, would still apply to other parties o Summer discussion of first draft on August 11 and 18 o Subcommittee formed with three Councilmembers Subcommittee work October 2020 o Address points that were raised in August 2020 by Councilmembers and community members during Council discussion o Ensure consistency with the Council's existing adopted Rules (Robert's Rules of Order) o Consulted with Ann Macfarlane (Jurassic Parliament) on elements that we wanted to ensure met "best practice" guidance o Met three times over Zoom with further discussion over email; ensured compliance with the OPMA Approach to updated Draft Code of Conduct o Use Resolution 1306 and Code of Ethics as a guiding base o Develop further measures specific to City Council and Councilmembers (whereas other documents have broad scope) o Promote conduct that respects Council, city administrative officials, volunteers and effectual governance practices Recommendations in draft Code of Conduct o Applies to Edmonds City Councilmembers only o Would be inserted into Councilmember welcome binder and require acknowledgement of receipt, potential to "reaffirm" annually o Encourages conduct to be in -line with existing adopted Council Rules (Robert's Rules) and could be integrated with future Council Procedures (project started in 2020) Edmonds City Council Draft Minutes January 12, 2021 Page 6 Packet Pg. 14 7.1.a Councilmember L. Johnson read the following section of the proposed Code of Conduct: Section 6. Council Code of Conduct The City Council finds that Councilmembers should seek to continually improve the quality of public service and ensure public confidence in the integrity of local government and its effective, transparent, and equitable operation. Councilmembers have a public stage and privileged platform to show how individuals with contrasting points of view can find common ground, demonstrate problem -solving approaches, and achieve solutions that benefit the community as a whole. Central to these principles is that civility and decorum shall apply to all Councilmember conduct in relation to city business. To this end, the following Code of Conduct for members of the Edmonds City Council is established: Councilmember Buckshnis suggested first discussing the global aspect of a Code of Conduct; she believed Resolution 1306 would need to be redone because Councilmembers were being removed from it. City Attorney Jeff Taraday answered it was his impression that while this document was tailored to apply specifically to the City Council, it does not necessary conflict with references elsewhere. Having said that, if it is the Council pleasure to reference only one document for a code of conduct, which he could see being desirable for efficiency, that resolution could be amended to remove reference to the City Council. Since the subcommittee had spent time drafting the Code of Conduct, Councilmember Buckshnis suggested it apply to the Mayor and members of City boards, commissions and work groups. She did not understand why there was a differentiation. Councilmember Distelhorst answered it was his personal approach that those are very different roles. While there will be some overlap in general conduct for a citizen volunteer serving on a board or commission, that person does not have the same legislative authority that the Council has and will have very different authority than the executive branch. While there are commonalities, there are differences in the roles that elected/appointed legislators fill versus a volunteer or an elected executive. Councilmember Olson said it was the intent to take Councilmembers out of Resolution 1306 once this Code of Conduct was passed. Councilmember L. Johnson read the following section of the proposed Code of Conduct: 6.1 General Conduct A. Councilmembers shall focus discussions and debates on vision, policies, and their implementation. B. No Councilmember shall dominate proceedings during Council or other public meetings. C. Personal, insulting, or intimidating language, body language and actions, are not allowed. Councilmembers may raise a point of order for ruling by the Chair or by the Body to address inappropriate remarks. D. Ensuring that all meeting participants feel welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in a public meeting. Every effort should be made to be fair and impartial in listening to Council, staff and public testimony and discussions. Edmonds City Council Draft Minutes January 12, 2021 Page 7 Packet Pg. 15 7.1.a E. Technology allows words written or said to be distributed far and wide. Councilmember written notes, voicemail messages, texts, email, or other electronic communications, are public records and shall follow this code. Councilmember Buckshnis said she liked this section but believed C was extremely subjective. A Councilmember told her last year that someone told her that her language was improper; Councilmember Buckshnis acknowledged she has a loud voice and can be construed as being mean or loud. She recommended rewriting C to be less subjective. She recommended the Code of Conduct include that the Council conducts public processes in an open and transparent manner, recalling citizens have mentioned many issues that occurred last year that perhaps were not conducted in a public manner and the votes seemed to already be in place. The Code of Conduct should remind Councilmembers that they represent citizens and should do everything in an open, public process by talking and vetting. She recalled during the budget process, people thought she and another Councilmember were disagreeing and did not like each other when they were just vetting the process. It is important to allow vetting to occur in the public setting and that should be included in the Code of Conduct. Council President Paine said she could see where this could be seen as subjective, but the Council has also adopted Robert's Rules which includes decorum inside debate in Section 43. It is a good reminder to follow best practices for members to speak to the issue and not the person and make it personal. While this language can be seen as vague, Robert's Rules has specifics that can be used as guidance. Councilmember Buckshnis agreed with Council President Paine's comment and suggested changing the language to decorum as the terms personal, insulting and intimidating are subjective. She suggested decorum or avoid offensive would be more acceptable, commenting it is difficult to interpret what people say because everyone has different perceptions. Councilmember Distelhorst said he spoke with Ms. MacFarlane about this point. He recalled concerns that were discussed in August and the subcommittee wanted to ensure someone outside the Council reviewed this. The cheat sheet provided by Jurassic Parliament that refers to personal remarks, insulting language, vulgarity or attacks as well as well inflammatory language was the guiding document. The intent was to keep this specific to parliamentary best practice and existing adopted rules. With regard to transparency, Councilmember Distelhorst pointed out Section 6 which states, "Councilmembers should seek to continually improve the quality of public service and ensure public confidence in the integrity of local government and its effective, transparent, and equitable operation." He was open to beefing that up. Mr. Taraday highlighted language for Council to give thought to, the phrase "fair and impartial" is used which is a standard he is accustomed to seeing in a judicial context and not so much in the legislative context. It could be appropriate in a legislative context, but he suggested the Council discuss what was meant by that phrase in this context because he would not expect the Council to have the level of impartiality that judges have all the time while on the dais. Councilmember L. Johnson said the subcommittee will look at that. Councilmember Olson read the following section of the proposed Code of Conduct: 6.2 Conduct with City Staff, the City Attorney, and the Council Legislative Assistant A. The community is best served when the abilities, experience, and knowledge of staff and contract employees work alongside councilmembers, and councilmembers will value these resources and relationships by: 1. Using respectful language and tones; Edmonds City Council Draft Minutes January 12, 2021 Page 8 Packet Pg. 16 7.1.a 2. Whenever possible, provide questions ahead of public meetings and otherwise avoid surprises; 3. Recognize that calls and emails may not be returned outside of business hours; 4. Expressing concerns about performance only to the Mayor, in the case of staff, and the Council President, in the case of Council legislative aide and City Attorney; 5. Understanding that Council, as a legislative body, directs City business via policy change initiated by majority Council vote only; councilmembers acting individually shall refrain from directing staff or otherwise intruding on the City's administrative functions. Council President Paine said she liked the inclusion of "avoid surprises" as she tries to honor the no surprises rule and giving a heads up, a practice that has benefitted her in all aspects of her life. That can be accomplished by sending in questions early and being totally transparent. Councilmember K. Johnson said she had significant problems with this entire section. It is inappropriate for the Council to have conduct with City staff and the City Attorney. It is appropriate for Councilmembers to have conduct with the Council Legislative Assistant. Mayor Nelson is who should direct how Councilmembers conduct themselves with his staff. That was what former Mayor Earling did in the eight years he was Mayor. With regard to the statement, "whenever possible give questions in advance," she pointed out staff often presents a PowerPoint the Council has not seen which makes it difficult to ask questions in advance. Staff may also give additional information that Councilmembers are not aware of, it is a dynamic process. She suggested the no surprises rule apply to Councilmembers bringing things to Council, recalling several instances last year when a Councilmember put something on the agenda that no one had heard of before. She liked the no surprises rule, but as it pertains to staff not Council. She understood Councilmembers were to express performance issues to the Mayor about staff or to the Council President the Council Legislative Aid, but she did not understand Council expressing concerns about the City Attorney to the Council President. She expressed concern with Item 5, Councilmembers acting individually shall refrain from directing staff because Council works by majority. In her nine years on Council, she has worked with staff individually without getting permission from the entire Council. She opposed that item, finding it a rather limiting approach. Councilmember Olson said directing meant giving staff work direction which is an administrative function that belongs to the Mayor. Councilmember K. Johnson recalled earlier this year Mayor Nelson agreed to allow Ms. Hope and Mr. Williams to assist her with drafting a resolution regarding the Swift program. She asked Mayor Nelson because of former -Mayor Earling's guideline if something took staff less than five yours, Councilmembers could ask staff and anything longer than that needed to go through the Mayor. She found this too limiting because it meant she could not contact Mr. Williams to discuss the CIP or CFP without the Council's permission. She summarized that was not the way business has been done in the past and it was too limiting for the future. Councilmember Olson said it was not the intent that Councilmembers could not ask questions or have conversations with staff, there is a distinction between that and directing work. Councilmember K. Johnson said she was talking about work, not a question; she meant sitting down and talking about how the concrete crew's work is prioritized. She could provide many examples of how she has worked with staff over the years to work through problems which was permitted by the previous Mayor's directive. It was not appropriate for the Council to designate how to interact with staff; that was the Mayor's prerogative. Councilmember Buckshnis expressed concern with Items 4, 5 and 6, noting the language could be changed slightly. She agreed no Councilmember should talk to the Mayor about the performance of his staff, that is the Mayor's job, not the Council's job. She suggested striking Item 4. With regard to Item 5, Edmonds City Council Draft Minutes January 12, 2021 Page 9 Packet Pg. 17 7.1.a if she has a problem with the City Attorney, she should not have to tell the Council President and that is attorney client privilege. She recalled she and Mr. Taraday have had issues in the past that they have resolved. With regard to the Council legislative aid, she did not have a problem with bringing performance issues to the Council President as that position reports to the Council President. She summarized the language is very limiting and language in Item 5 needed to be changed. Councilmember Fraley-Monillas thanked Councilmembers L. Johnson, Olson and Distelhorst for volunteering for this project. This effort was very important especially after the last round of the Code of Conduct. She recalled receiving complaints for the two years she was Council President, under both Mayor Nelson and Earling, about Councilmembers overstepping their bounds with staff. It is an issue and she understood why some Councilmembers would object to the proposed language because it would limit their ability to encourage staff to do what they want them to do. Staff report to the Mayor; if Councilmembers need something to be done, they should talk to the Mayor and he will determine the level of work for his employees. The language in the proposed Code of Conduct helps the Council understand their role as legislative versus administrative. It doesn't mean Councilmember cannot talk to staff, ask for clarification or ask a question, but provides some boundaries with regard to directing staff. Councilmember Distelhorst relayed when he joined Council, he was instructed if there was anything with staff, he was to go to the Mayor who was the head of staff. That is why that was included, to be abundantly clear if there was anything with staff, Councilmembers were to contact the Mayor. With regard to Item 5, "shall refrain from directing staff or otherwise intruding on the City's administrative functions" does not say Councilmembers cannot work with staff, ask questions, or the get Mayor's approval to work with staff which nearly every Councilmember has done, it simply states Councilmembers cannot direct staff. If a Councilmember needs information on the sidewalk crew, they should follow the normal procedures to get information. However, telling the sidewalk crew to fix a sidewalk in front of a residence would obviously be an administrative function. He felt that item was pretty clear, but if language needed to be added to make directing an administrative function or intruding on the administrative function clearer, there could always be reference to the City code which delineates legislative versus administrative functions. Councilmember L. Johnson said in reading this, there may be some conflation between directing versus questions and discussion. Staff are the expects in their field so Council needs to be able to ask questions and have discussions; however, it is not a Councilmember's job to direct staff what to do, that is an administrative function. She was open to language that could clarify the intent. Council President Paine referred to Item 4 and asked why the City Attorney was included. Councilmember Olson answered because that is a contact position. As the head of Council, if issues needed to be addressed, they would be addressed by the Council President. Council President Paine said it may be confusing to have it in that section with other contract employees. The City Attorney's work is valuable to all Councilmembers and it may not belong in that section. She suggested removing reference to the City Attorney in Item 4 because Councilmembers need to have discussions with the City Attorney. Councilmember Fraley-Monillas said her interpretation was that Councilmembers should treat the City Attorney respectfully, use respectful language, provide questions ahead of time to avoid surprises, and recognize that calls and emails may not be returned outside business hours. It did not say that the City Attorney could not speak to Council or that Council could not speak to City Council. It is intended that this policy would also protect the City Attorney because contract employees deserve the same respect as City staff. Councilmember Distelhorst said the reference to City Attorney in this section is super narrow; it is only related to concerns about performance. That may need to be adjusted as the subcommittee was unsure Edmonds City Council Draft Minutes January 12, 2021 Page 10 Packet Pg. 18 7.1.a where that fit best. Mr. Taraday said he would much rather hear performance concerns directly from anyone who was willing to provide that feedback instead of establishing a system that routes all performance concerns through a clearing house of sorts. He was always open to positive or negative feedback. Councilmember K. Johnson suggested striking "and City Attorney" from Item 4 and striking Item 5 in its entirety. Council President Paine said having concerns brought to the Council President may ends up being like the telephone game. If there are repeated problems or concerns that are not getting addressed, that may be the appropriate process, otherwise any issues were best addressed via direct communication with the City Attorney. She suggested rewording that item to include direct communication with the City Attorney. Councilmember Fraley-Monillas suggested those sections remain and perhaps change the wording with regard to the City Attorney. The City Attorney deserves proper treatment and it is not up to Council to direct the City Attorney. She suggested reaching out to the Mayor's office who is the gatekeeper for a lot of stuff that occurs and making the Mayor's office aware of issues with the City Attorney would be important. The City Attorney should have the same protections related to Council contact as the Council legislative assistant or City staff. Having heard complaints from staff about Councilmembers, she believed staff needed to be addressed in the Code of Conduct. Councilmember Olson read the following section of the proposed Code of Conduct: 6.3 Conduct with Boards, Committees, Commissions, and Outside Agencies A. The City maintains several boards and commissions as a means of encouraging and gathering community input. Residents who serve on boards and commissions are a valuable resource to the City's leadership and shall be treated with appreciation and respect. B. Councilmembers are appointed as non -voting members to serve as the primary two-way communication liaison between the Council and boards, commissions, and committees. Councilmembers are not to direct the activities or work of the board, commission, or committee. C. Councilmembers may attend any board or commission meeting to which they are not appointed but shall do so as a member of the public. Personal comments or positions, if given, will be identified as such and shall not be represented as the position of the City or Council. D. Councilmembers shall not contact a board or commission member to lobby on behalf of an individual, business, or organization. It is acceptable for Councilmembers to contact the board, committee, or commission members in order to clarify or contextualize a position taken by the body. When making contact the relevant Council liaison should be included in such communication. E. When attending a non -city sponsored event, meeting, conference, or other activity, a Councilmember may be authorized to represent the Council only upon a majority vote of the Council. Likewise, a Councilmember may be authorized to represent the City only upon the express permission of the Mayor. Councilmember Buckshnis expressed concern with Item E, pointing out when attending non -city events, Councilmember should act like normal businesspeople. With regard to authorizing a Councilmember to represent Council, every Councilmember has very different opinions and perceptions. Generally speaking Edmonds City Council Draft Minutes January 12, 2021 Page 11 Packet Pg. 19 7.1.a Councilmembers should not attend non -city events and do any type of work and there should not be a quorum present at non -city events. She feared Item E was a slippery slope. Councilmember K. Johnson expressed concern that Item D was too restrictive. She had a problem with not allowing Councilmembers to discuss potential action or policy with a board or commission member. Item D stated Councilmembers can only speak to them to contextualize or clarify a position which she pointed out is not normal conversation. A Councilmember might call their Housing Commission representative and ask about the commission's work and the main issues they are discussing. For example, she recently received a memo from the new Planning Board chair inquiring what issues she hoped the Planning Board would work on this year and how she would prioritize that work. She asked if Item D mean she could not respond to that request. She summarized Item D hamstrings Council regarding how they can talk to people. Councilmember K. Johnson agreed with not lobbying on behalf of an individual, organization or business, but saying the Council could only ask them to clarify something was too restrictive Councilmember L. Johnson said this section needed to be taken as a whole; a Councilmember should not lobby on behalf of an individual, business or organization, but can contact board or commission members to ask for clarification or contextualize a position taken by the body. Councilmembers are also encouraged to loop in the relevant Council liaison on communications with board and commission members as that person is supposed to be the conduct between the Council and that body. Councilmember L. Johnson summarized taken as a whole, it was clear. Councilmember K. Johnson said it was not clear to her. Councilmember Olson suggested it could be worded to be less restrictive; she was receptive to Councilmember K. Johnson's comment. Councilmember Distelhorst said consideration could be given to better phrasing; the intent was not to limit the ability to talk to someone, it was to prevent lobbying on behalf of an individual, business or organization to ensure conduct with board members, commissioners, task force members follows the rest of the Code of Conduct. He summarized it was not intended to limit conversation but to limit improper behavior. Councilmember Buckshnis agreed it could be reworded and suggested using examples. With regard to the last sentence in Item D, "When making contact the relevant Council liaison should be included in such communication," if a Councilmember wanted to contact someone on Tree Board, she said more power to them. For example, Councilmember K. Johnson has come to Tree Board and her input has been welcome. She has talked to her two appointees on the Housing Commission many times this year and has not told Councilmember Distelhorst or Councilmember Olson that she had communicated with them. She agreed this needed to be amended as Councilmembers should welcome perception, knowledge and input; board and commission members also welcome Councilmembers' input. For example, she has had conversations with the Mayor's Climate Protection Committee because she was on the committee for five years. Council President Paine asked if the subcommittee was trying to set a specific boundary related to this issue. Councilmember L. Johnson said the first sentence was the main portion, that Councilmembers should not lobby on behalf of an individual, business or organization and to clarify what Councilmembers can do as nonmembers of boards and commissions. This is an opportunity to ensure the wording clarifies what the Council can do. Councilmember Fraley-Monillas said she also received complaints during the past two years under Mayor Earling and Mayor Nelson about Councilmembers overstepping their bounds, and it needs to be recognized that that is happening. Some directors would be more than happy to give examples of where Councilmembers have overstepped their bounds. However, there is a fine line between communicating with boards and commissions and voting through the boards and commissions. She recognized it was Edmonds City Council Draft Minutes January 12, 2021 Page 12 Packet Pg. 20 uncomfortable for a person used to voting not to be able to vote or influence a board or commission member. As a non -voting member, Councilmembers give their opinion when asked. Councilmember K. Johnson suggested dividing Item D, letting the first sentence stand alone because that was a complete thought guiding the whole thing, and adding Item E about boards and commissions. She still had a problem with Item D, but not with the first sentence. Councilmember Distelhorst said that was a great idea and the subcommittee will discuss it. To address Council President Paine's comments about guard railing, Councilmember Distelhorst explained the idea behind this was the Council votes on and approves liaisons to boards and commissions. Given there is an official representative to boards and commissions, if an email is sent or there is a request for information, it may be nice to give the official Council appointed representative a heads up so they do not hear at the next meeting that a Councilmember contacted a board member about something. The intent was "no surprises" and in situations where there is an official liaison, keeping them in the know as much as possible. He agreed the language could be clarified to make it more understandable. With regard to contacting boards, Mr. Taraday recalled 11/2 years ago the Council modified some of the land use appeal processes to curtail the number of administrative appeals that come to the City Council. One of the rationales was by no longer participating in the quasi-judicial process, the Council would be freed up to lobby the Hearing Examiner or the Architectural Design Board (ADB) to render a particular type of decision in a land use context. He suggested an exception for that unique scenario, commenting that was probably not what the subcommittee was referring to. Councilmember Distelhorst agreed that was not something the subcommittee contemplated. Councilmember Buckshnis said she did not support what was done in Title 20 because she did not believe the Council should be lobbying the ADB or Hearing Examiner, but Mr. Taraday made a great point. Councilmember Distelhorst read the following section of the proposed Code of Conduct: 6.4 Implementation, Compliance, and Enforcement As an expression of the standards of conduct that best serve the City, the Code of Conduct is intended to be self -enforcing and is most effective when members are thoroughly familiar with it and embrace its provisions. A. This Council Code of Conduct shall be included in the regular orientations for newly seated Councilmembers. Members entering office shall sign a statement affirming they read and understood the City of Edmonds Council Code of Conduct. B. The Code of Conduct shall be reviewed and reaffirmed annually by the City Council. C. When a breach of this code occurs, Councilmembers are encouraged to remind one another of the Code of Conduct terms. These communications may be documented with the subject line, "Code of Conduct Reminder." D. Repeated breaches, or egregious instances, may be dealt with according to the terms set out in the Council's adopted Rules or other applicable laws and regulations. Councilmember Distelhorst recalled there was a lot of feedback on Item D in August. The Council has already adopted a lot related to enforcement via the Council's Rules regarding Robert's Rules of Order, Chapter 20, Disciplinary Procedures. The subcommittee believed that did not need to be included in the Code of Conduct but it would be best to reference the enforcement procedures that the Council has already adopted. Edmonds City Council Draft Minutes January 12, 2021 Page 13 Packet Pg. 21 7.1.a Councilmember Distelhorst thanked Councilmembers Olson and L. Johnson for working on this with him. He was hopeful it advanced the issue and was headed in the right direction. Councilmember K. Johnson suggested Council's adopted Rules be changed to adopted Roberts Rules of Order. 9. MAYOR'S COMMENTS Mayor Nelson commented although many never thought the COVID vaccine would get here, it is here and 14,000 doses have been administered in Snohomish County which is real progress. South County Fire is working on a mobile vaccine unit to provide the vaccine to people in long term care facilities. Mayor Nelson announced he will make a State of the City address next Thursday, January 21 at 6:30 p.m. With regard to the chief of police process, he advised we have been reviewing applicants for search firms and are currently in contract negotiations with one. He looked forward to sharing the details once the negotiations have been completed. 10. COUNCIL COMMENTS Councilmember L. Johnson read a statement: "Last week we watched in horror as domestic terrorists stormed our nation's capital in a violent attempt to overturn the peaceful democratic transition of power. We must be unequivocal in the language we use to describe this moment; this was sedition and insurrection, it was terrorism and the response to the riot, or lack thereof, laid bare how racism works in this country. If these words make you uncomfortable, please ask yourself why. I read somewhere that white supremacy constantly asks for silence. It asks to repeat, not to speak or to point out failure, inequity and injustice. White supremacy is expert in shaming, bullying, intimidation and instilling a fear of retaliation. Swastikas; nooses; confederate flags; derogatory, hateful slurs hurled at those who are Black, Jewish or gay; the othering of newcomers; the dismissing of repeated accounts of discrimination and hate; upholding the status quo by prioritizing individual comfort over the others' safety and wellbeing; threats to gather outside of private residences, the homes where children live; to intimidate lawmakers who live there; threats to harass and shame elected individuals if seen out in public. These may sound like some of the acts that would be committed by those who rioted in D.C., but these happened here, in Edmonds. And now because of the credible threats in D.C. and Olympia and more specifically because of what I personally experienced here, I must further consider the safety of my family. And I say this recognizing my privilege and aware that what I am experiencing pales in comparison to the ongoing discriminatory treatment of those who are Black, Brown, immigrant or LGBTQIA are subjected to and have always been subjected to. So what do you call the refusal of some to acknowledge incidents of hate and bias? What do you call repeated bullying and intimidation? What do you call the posting of flyers all around Edmonds in a gaslighting attempt to shame elected officials because they acknowledged that racism exists here in Edmonds. Whatever it is, it most definitely is not kindness. Are we better than this? Not right now. Right now, this is us and if we do not acknowledge it then how can we expect it to change? Whether it is the inequities or injustices embedded within issues of healthcare, housing, policing, social services, environmental protection and more, we must be willing to listen and to acknowledge that the impact is not the same for all of us. We must sit with the discomfort of knowing the role we each play in contributing to injustice and inequality. Only then can we begin to change it. So what will you do? Will you sit comfortably under the guise of kindness, continuing to uphold the status quo or will you speak out? Will you work to dismantle racism and other inequities? Will you advocate for change? This Monday we honor the Reverend Martin Luther King, Junior who said, "history will have to record that the greatest tragedy of this period of social transition was not the strident Edmonds City Council Draft Minutes January 12, 2021 Page 14 Packet Pg. 22 7.1.a clamor of bad people, but the appalling silence of the good people." These words still ring true today and I ask you, good people, please let us not be silent." Councilmember K. Johnson apologized to her fellow Councilmembers for a breach of decorum in some of her remarks last week. Her remarks attacked another Councilmember's motives. She should have instead focused her remarks on the merits of the pending matter. She was sorry for that breach of decorum. Councilmember Buckshnis urged the public to be conscientious regarding what might be happening up until the inauguration. She hoped Mayor Nelson was being conscientious. It is not pretty out there, it's unfortunate and it is causing a lot of concern. People have called her asking how she was keeping herself safe; she believed Edmonds was a pretty safe community. She has had things happen to her in past such as someone wrote something on her husband's Jeep. She suggested remaining calm and celebrating the upcoming inauguration and that there will be change. People can speak out and provide their voice but the most important thing is calmness. There is a lot going on, people need to watch TV, be calm and wear masks. Council President Paine thanked Councilmember L. Johnson for her statement. She pointed out the opposite of "othering" is belonging and everyone belongs here. She has felt fearful for her and her family's safety particularly following a comment that there should be protests at elected officials' homes. There are other things people should be working on instead, but it does add a level of anxiety. Reverend Martin Luther King, Junior was a very wise man; the comments he made 50 years ago still ring true today. With regard to the Code of Conduct, Council President Paine thanked the subcommittee for their work, noting it was sometimes thankless work. She advised the newest edition of Robert Rules in available in the Council office. To Mr. Haroldson's earlier question about why bring up the proposed Code of Conduct now, Council President Paine said Section 6 fits into the Council Rules of Procedures, a process that began in early 2020 but got derailed. Council President Paine expressed eagerness for the vaccine, commenting she was terrified of the variant being so virulent so she was staying as safe as she could. Councilmember Olson urged everyone to find a meaningful way to celebrate the Martin Luther King holiday on Monday, January 18th. One idea is to attend the free virtual event (donations accepted) that has been advertised in the local media. She offered the alternative of reading a book she finished recently, "Uncomfortable Conversations with a Black Man" by Emmanuel Acho. She has read a dozen books on racial relations in America and found this book the most impactful and of value if someone read only one book. With regard to the events of last week, the attack on the capital and disrupting a long tradition of peaceful transfer of power was truly a low point in the nation's history; she hoped the nation did not go any lower than that. The swearing in of the City's new judge tonight, specifically to uphold the constitution and laws, is a reminder to all of the call to work within the system for change. We have to do better, we are setting a terrible example for our children and for the world. With regard to what occurred in the nation's capital last week, Councilmember Fraley-Monillas found it appalling that five people died from behavior incited by the President of the United States. As elected officials, we should all be appalled by behavior by someone at that level. Councilmember Fraley-Monillas explained when she created the subcommittee to work on the Code of Conduct, it was not related to the Council Rules and Procedures, it was directly related to the Code of Edmonds City Council Draft Minutes January 12, 2021 Page 15 Packet Pg. 23 7.1.a Conduct. She appreciated Councilmembers Distelhorst, Olson and L. Johnson agreeing to work on the Code of Conduct and looked forward to what they would come up with next. Councilmember Fraley-Monillas assured she will continue to fight for those who need support and assistance and was hopeful Edmonds would continue to be a safe community. With regard to threats of holding rallies in front of their houses, a threat was made to burn a crucifix on her lawn. That is not the Edmonds way and she encouraged people to think about that before making such threats. People should be able to look at each other in a sense of reality, live next to each other and work together even if they do not like each other. People have to agree to disagree and move forward as a community. She urged everyone to have a nice Martin Luther King Day, a day for community volunteerism and encouraged those who are able to do some community volunteerism. Councilmember Distelhorst thanked Councilmember L. Johnson for her statement and the additional statements from Councilmembers echoing the same stance. The events were terrifying, horrifying, and seditious in every way. There is that same hate and prejudice in this community. As City leaders this needs to be called out, act in a different way and lead by example to welcome everyone in the community and create a safe space and define safety. Councilmember Distelhorst referenced the virtual Martin Luther King, Junior event and encouraged support of organizations who are working to address systemic racism in the community. He recommended the book, "The Color of Law," that looks at zoning standards and policies and how they, including those still used today, were based on segregation, especially between white and Black communities in North America. He suggested it would be a sobering, angering, saddening but important read as the Housing Commission's recommendations come to Council. COVID cases are climbing back to the peak after a small dip. It was disheartening to see Congressional Representative Jayapal test positive after other congressional representatives' refused to wear masks. We should be past that, with everyone wearing masks, distancing and keeping each other safe. He urged the public to continue to do that for each other, for the community and for essential workers. Student Rep Roberts thanked Councilmember L. Johnson for her important comments. He agreed it was important that everyone examine their personal prejudices and biases and work toward educating ourselves on issues that have impacted minorities for so long and work toward bettering ourselves regarding how we treat others. We must call out instances of discrimination and stand up for what is right. We need to do whatever we can to fight the systemic discrimination that has been in the country for so long. We need to ensure that everyone is able to live their life without discrimination and without judgment. He urged the public to wear masks, stay home when they can and make wise choices; the new vaccine is not a save all solution. There is a new wave of cases after people gathered during the holidays and it is likely that more deaths will occur; that needs to stop. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:00 p.m. Edmonds City Council Draft Minutes January 12, 2021 Page 16 Packet Pg. 24 7.1.a Public Comment for City Council Meeting 1/12/21 From: Gayla Shoemake Sent: Tuesday, January 12, 2021 10:20 PM To: Citizens Planning Board <citizens-planning@edmondswa.gov>; Lien, Kernen <Kernen.Lien@edmondswa.gov>; Council <Council@edmondswa.gov>; Hope, Shane <Shane.Hope @edmondswa.gov> Subject: Tree Code Update- Public Comment Greetings to the Planning Board, City Council Members, and City Staff, I understand that you are in the midst of updating the Tree Code, which is important before making any Planning Changes, and I commend you for this step. As I look at the information available, it does not appear that there are any cutting restrictions or enough incentives to retain trees (which would be preferable) for private property owners who have most of the trees in Edmonds. It does not seem meaningful to write a Tree Code which leaves out 70% or more of the trees in the city which are on private property. The goal of the Tree Code is to retain and increase the number of trees in our city because their numbers continue to decrease. As you well know trees are one of the best carbon digesters available. In this time when we have significant carbon reduction goals, it makes sense to keep as many trees as we can. Obviously, people are attached to their own property, but sometimes they do not realize the health and other consequences to the community, and ultimately to their own families, of cutting down trees on their property (unless they are diseased or dangerous). By first educating the public and especially property owners about the value of trees to the community, some property owners may decide to retain that tree. Next, offer incentives to retain the trees (such as reducing city utility bills or adding another tree to their property (I think this idea was originally included) or other incentives. Also, encourage tree donations by individuals in the community to locations where there is room in the city, of course in parks and open spaces, but also on private property in low income neighborhoods where there might be few trees, or nearby county land where there is space. Assessing fines for unlawful tree removal would only be used in the most dire situations. It is possible that the current Tree Code has significant additions or changes from the earlier version that I saw. I will be interested in reviewing the up-to-date Code to see what alterations have been made. Thank you for your work on this Code and for the other policies and codes you work on each year. I appreciate your time in looking at these issues seriously and your attention to public comments. Edmonds City Council Draft Minutes January 12, 2021 Page 17 Packet Pg. 25 7.1.a Sincerely, Gayla Shoemake From: Joan Bloom Sent: Tuesday, January 12, 2021 5:04 PM To: Olson, Vivian <Vivian.Olson@edmondswa.gov>; Distelhorst, Luke <Luke.Distelhorst@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>; Council <Council@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: Council Code of Conduct Council, First, I want to sincerely thank council member Vivian Olson for contacting me to ask my input on this version of the Council Code of Conduct. Given my strong objections to the previous version expressed in several emails to Council, I greatly appreciate the respect shown to me by Council member Olson in seeking my comments. I was copied on Ken Reidy's email to you, and agree with him regarding section 6.1 D. Respect should be shown to any individual participating in any way in the democratic process, not just those "participating in a public meeting". I recommend adopting the language Mr. Reidy has suggested. My comments can be summarized as follows: 6.3 Conduct with Boards, Committees, Commissions, and Outside Agencies In 6.3 B, please add that Council members should not participate in any sub -committees formed by any group that they are a liaison to. Section 6.3 E is very concerning: "When attending a non -city sponsored event, meeting, conference, or other activity, a Councilmember may be authorized to represent the Council only upon a majority vote of the Council. Likewise, a Councilmember may be authorized to represent the City only upon the express permission of the Mayor." I suggest this section be eliminated entirely. (1) Council members represent the citizens of Edmonds. Having Council vote to designate a fellow member to represent them at an event is contrary to the democratic process. Essentially, Edmonds City Council Draft Minutes January 12, 2021 Page 18 Packet Pg. 26 7.1.a the Council would be voting on official Council presence at an event, as well as voting on their support of the event. How is this relevant to Council's role as the legislative body? Council should vote on policy, not on participation at events. Currently, no more than three Council members are allowed to be present at city sponsored events, so as to avoid a quorum. This rule could also be applied to address Council member participation at non city sponsored events. (2) Under no circumstance should the Mayor select a Council member to represent the city of Edmonds. The roles of Council and Mayor are distinct in order to maintain checks and balances of the branches of our government. The Mayor's selection of a Council member to represent Edmonds could be construed as favoritism towards individual Council members, and also as undue influence of the legislative body. The Mayor should represent himself, or select a member of his staff to represent him at a public event. Hopefully, Council will seriously consider my input. Regards, Joan Bloom From: Ken Reidy Sent: Tuesday, January 12, 2021 5:47 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Public Comments for January 12, 2021 City Council meeting Regarding the proposed Council Code of Conduct, please consider the following as an alternative to Item "D." under 6.1 General Conduct: D. Ensure that all individuals who choose to participate in the democratic process are welcomed and engaged with. Ensuring all participation is welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in the democratic process. Every effort should be made to be fair and impartial in listening to any individual participating in the democratic process using any form of communication with City Councilmembers. Communication with individuals participating in the democratic process is a basic requirement. For example, at a minimum, a citizen request such as the following should get a prompt response: Edmonds City Council Draft Minutes January 12, 2021 Page 19 Packet Pg. 27 7.1.a PLEASE advise as to the status of the CEMP and ECC Chapter 6.60. Will the CEMP be updated by December 31, 2020? Was it supposed to be updated nearly 2 years ago? Please see my Public Comments for November 24, 2020 City Council meeting which included discussion of the CEMP and ECC Chapter 6.60. For an example of how citizens are welcomed and engaged with, please see all my Public Comments submitted during 2020 and research how many of my requests or questions were responded to by anybody. This research will provide an excellent window into whether individuals who choose to participate in the democratic process are welcomed and engaged with. Thank you. From: Ron Bussiere Sent: Wednesday, January 6, 2021 12:00 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Rebecca Anderson <dropthemike2l@gmail.com> Subject: ECC 2.10.010.D Dear Council Members: https://mvedmondsnews.com/2021/01/letter-to-the-editor-city-council-has-authority-to- waive-additional-rounds-of-interviews-for-chief-of-police/ As Mr. Reidy pointed out in his Letter posted on My Edmonds News, ECC 2.10.010.D allows for the city council to end the appointment process and select from the candidates set forth to them previously. AND yes according to records this was done on Feb. 18, 2014 in the case of the Finance Director. I urge the council vote to waive additional rounds of interviews as permitted by code and select from the candidates first brought forth. AND since Pruitt is obviously not qualified for the position, please select assistant Chief Lawless as the permanent police Chief for the City of Edmonds. If the Council truly wants to repair the damage they and the Mayor did to this city, by their vote and actions of December 81", this would be the way to do it. Let's end this thing now for everyone concerned. Ron Bussiere Edmonds Resident Edmonds City Council Draft Minutes January 12, 2021 Page 20 Packet Pg. 28 7.2 City Council Agenda Item Meeting Date: 01/19/2021 Approval of claim checks. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #245735 through #245842 dated January 14, 2021 for $3,942,870.64. Staff Recommendation Approval of claim checks. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claims 01-14-21 FrequentlyUsedProjNumbers 01-14-21 Packet Pg. 29 vchlist 01/14/2021 2:00:16PM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 245735 1/14/2021 076040 911 SUPPLY INC INV-2-7593 INV-2-7593 - EDMONDS PD - T.SMP 5 - PATCH REMOVE/INSTALL-STAN 001.000.41.521.22.24.00 5 SGT CHEVRON PATCHES 001.000.41.521.22.24.00 2 - INSTALL CPL CHEVRONS - SMIT 001.000.41.521.22.24.00 6- PATCH REMOVE/INSTALL SPEEF 001.000.41.521.22.24.00 6 SGT CHEVRON PATCHES - SPEEI 001.000.41.521.22.24.00 10.0% Sales Tax 001.000.41.521.22.24.00 Total 245736 1/14/2021 070322 A&A LANGUAGE SERVICES INC 15-84909 INTERPRETER - 9ZO501943 INTERPRETER - 9ZO501943 001.000.23.512.50.41.01 Total 245737 1/14/2021 065052 AARD PEST CONTROL 40467 MEADOWDALE CC PEST CONTROI MEADOWDALE CC PEST CONTROI 001.000.64.576.80.41.00 10.4% Sales Tax 001.000.64.576.80.41.00 Tota I : 245738 1/14/2021 000135 ABSCO ALARMS INC 77658 PUBLIC SAFETY - TROUBLE SHOO PUBLIC SAFETY - TROUBLE SHOO 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 77660 FIRE STATION 17 - TROUBLESHOO FIRE STATION 17 - TROUBLESHOO 001.000.66.518.30.48.00 7.2.a Page: 1 Page: 1 Packet Pg. 30 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 2 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245738 1/14/2021 000135 ABSCO ALARMS INC (Continued) 10.4% Sales Tax 001.000.66.518.30.48.00 66.0z Total: 1,186.8( .. 245739 1/14/2021 000850 ALDERWOOD WATER DISTRICT 10764 MONTHLY WHOLESALE WATER Cl- N MONTHLY WHOLESALE WATER CF 421.000.74.534.80.33.00 128,753.2E U Total: 128,753.21 245740 1/14/2021 074488 ALPHACOURIER INC 21717 WWTP: 12/2, 12/7, 12/14, 12/21 & 12 o 12/2, 12/7, 12/14, 12/21 & 12/28/20 423.000.76.535.80.41.00 R 386.2E o Total: 386.2E Q. a 245741 1/14/2021 063862 ALPINE PRODUCTS INC TM-199066 CONSTRUCTION MATERIALS Q Durapost Mount & Base N 111.000.68.542.64.31.00 921.8, E21 CA.Redimat Yellow r 112.000.68.542.30.48.00 2,032.4E C E21 CA.Redimat Yellow N E 125.000.68.542.30.48.00 2,018.4E E21 CA.Redimat Yellow 126.000.68.542.30.48.00 1,512.6E Total : 6,485.4; t 245742 1/14/2021 070976 AMERESCO INC 3 WWTP: C511 PH 6 ENERGY SRV 2C @ C511 PH 6 ENERGY SRV 2019-178P Q 423.100.76.594.39.65.10 1,261,162.5( Retainage 423.100.223.400 -63,058.1 , 10.4% Sales Tax 423.100.76.594.39.65.10 131,160.9( 9 WWTP: C511 PH 6 FINAL DESIGN C511 PH 6 FINAL DESIGN SERV TH 423.100.76.594.39.41.00 66,021.6( Page: 2 Packet Pg. 31 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 245742 1/14/2021 070976 AMERESCOINC (Continued) PROFSRV-3 245743 1/14/2021 077500 AMERICAN ENVIRO CONSTRUCTION 200689 245744 1/14/2021 069751 ARAMARK UNIFORM SERVICES 1992061002 7.2.a Page: 3 PO # Description/Account Amoun WWTP: C511 PH 6 PROJECT PROF C511 PH 6 PROJECT PROF SRV TH 423.100.76.594.39.41.00 336,955.1E 10.4% Sales Tax 423.100.76.594.39.41.00 35,043.3z Total: 1,767,285.31, u F.A.C. - ASBESTOS ABATEMENT W E F.A.C. - ASBESTOS ABATEMENT W 001.000.66.518.30.41.00 2,960.0( o 10.4% Sales Tax 001.000.66.518.30.41.00 307.8z p Total: 3,267.8z a Q PUBLIC WORKS CIVIC LOBBY MATS PUBLIC WORKS CIVIC LOBBY MATS N 001.000.65.518.20.41.00 1.6' q PUBLIC WORKS CIVIC LOBBY MATS T r 111.000.68.542.90.41.00 6.1' N PUBLIC WORKS CIVIC LOBBY MATS E 421.000.74.534.80.41.00 6.1' T PUBLIC WORKS CIVIC LOBBY MATS a: 422.000.72.531.90.41.00 6.1' PUBLIC WORKS CIVIC LOBBY MATS E E 423.000.75.535.80.41.00 6.1' U PUBLIC WORKS CIVIC LOBBY MATE° 511.000.77.548.68.41.00 r 6.Of Q 10.4% Sales Tax 001.000.65.518.20.41.00 0.1 ; 10.4% Sales Tax 111.000.68.542.90.41.00 0.6z 10.4% Sales Tax 421.000.74.534.80.41.00 0.61 10.4% Sales Tax 422.000.72.531.90.41.00 0.61 Page: 3 Packet Pg. 32 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245744 1/14/2021 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds 7.2.a Page: 4 Invoice PO # Description/Account Amoun (Continued) 10.4% Sales Tax 423.000.75.535.80.41.00 0.6z 10.4% Sales Tax -71 511.000.77.548.68.41.00 0.6" u) 1992061003 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION MATS m 511.000.77.548.68.41.00 19.1( E 10.4% Sales Tax 511.000.77.548.68.24.00 _M 0.9 1 2 10.4% Sales Tax o 511.000.77.548.68.41.00 1.9£ > FLEET DIVISION UNIFORMS o 511.000.77.548.68.24.00 9.2£ a 1992065105 PARKS MAINT UNIFORM SERVICE Q PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 61.1 E N 10.4% Sales Tax r 001.000.64.576.80.24.00 6.3E c 1992065106 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS E 001.000.66.518.30.24.00 29.5E 10.4% Sales Tax 001.000.66.518.30.24.00 3.0 1 1992070384 PUBLIC WORKS OMC LOBBY MATE E PUBLIC WORKS OMC LOBBY MATE @ 001.000.65.518.20.41.00 1.6" Q PUBLIC WORKS OMC LOBBY MATE 111.000.68.542.90.41.00 6.1' PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 6.1' PUBLIC WORKS OMC LOBBY MATE 422.000.72.531.90.41.00 6.1' PUBLIC WORKS OMC LOBBY MATE 423.000.75.535.80.41.00 6.1' Page: 4 Packet Pg. 33 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245744 1/14/2021 069751 ARAMARK UNIFORM SERVICES 245745 1 /14/2021 001441 ASCAP Voucher List City of Edmonds 7.2.a Page: 5 Invoice PO # Description/Account Amoun (Continued) PUBLIC WORKS OMC LOBBY MATE 511.000.77.548.68.41.00 6.Of 10.4% Sales Tax -71 001.000.65.518.20.41.00 0.1; 10.4% Sales Tax 111.000.68.542.90.41.00 0.61 10.4% Sales Tax E 421.000.74.534.80.41.00 0.6z 'R 10.4% Sales Tax 511.000.77.548.68.41.00 0.6' O 10.4% Sales Tax R 422.000.72.531.90.41.00 0.6, LO- 10.4% Sales Tax a 423.000.75.535.80.41.00 0.6z Q 1992070385 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS N 511.000.77.548.68.24.00 9.2� r FLEET DIVISION MATS c 511.000.77.548.68.41.00 19.1( 10.4% Sales Tax E 511.000.77.548.68.24.00 0.9 1 10.4% Sales Tax a 511.000.77.548.68.41.00 c 1.9£ 23081539 CEMETERY: SHIRTS PARKS MAINT UNIFORM SERVICE U �a 130.000.64.536.20.24.00 143.8, Q 10.4% Sales Tax 130.000.64.536.20.24.00 14.9E Total: 392.5° 100005630832 2021 MUSIC LICENSE FEE 2021 MUSIC LICENSE FEE 001.000.64.571.22.49.00 367.0( Total: 367.0( Page: 5 Packet Pg. 34 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 6 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245746 1/14/2021 068245 ASSOCIATED EARTH SCIENCES INC 054012 EOFB.TO 20-01.SERVICES THRU 11 EOFB.TO 20-01.Services thru 11/23/2 422.000.72.594.31.41.00 644.0( Total: 644.0( .. 245747 1/14/2021 071124 ASSOCIATED PETROLEUM 0283640-IN WWTP: 12/29/20 DIESEL FUEL N ULSD #2 DYED - BULK fuel (include 423.000.76.535.80.32.00 1,749.9, U 10.4% Sales Tax R 423.000.76.535.80.32.00 182.0' L) Total : 1,931.9: o 245748 1/14/2021 001777 AURORA PLUMBING & ELECTRIC INV336000 RANGER STATION BATHROOM - PP R o RANGER STATION BATHROOM - PP Q. 001.000.66.518.30.31.00 110.0( C 10.1 % Sales Tax 001.000.66.518.30.31.00 11.1' N Total : 121.11 le T 245749 1/14/2021 070305 AUTOMATIC FUNDS TRANSFER 119577 OUT SOURCING OF UTILITY BILLS c UB Outsourcing area Printing 1766 N E 422.000.72.531.90.49.00 UB Outsourcing area Printing 1766 421.000.74.534.80.49.00 114.7� UB Outsourcing area Printing 1766 E 423.000.75.535.80.49.00 114.7� UB Outsourcing area Postage 1766 M 421.000.74.534.80.42.00 343.61 Q UB Outsourcing area Postage 1766 423.000.75.535.80.42.00 343.6( 10.1 % Sales Tax 422.000.72.531.90.49.00 11.5� 10.1 % Sales Tax 421.000.74.534.80.49.00 11.5� 10.1 % Sales Tax 423.000.75.535.80.49.00 11.6( Page: 6 Packet Pg. 35 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245749 1/14/2021 070305 AUTOMATIC FUNDS TRANSFER Voucher List City of Edmonds 7.2.a Page: 7 Invoice PO # Description/Account Amoun (Continued) 119705 OUT SOURCING OF UTILITY BILLS UB Outsourcing area Printing 2459 422.000.72.531.90.49.00 159.81 . . UB Outsourcing area Printing 2459 421.000.74.534.80.49.00 159.8z UB Outsourcing area Printing 2459 U 423.000.75.535.80.49.00 159.81' E UB Outsourcing area Postage 2459 421.000.74.534.80.42.00 _R 478.7E U UB Outsourcing area Postage 2459 0 423.000.75.535.80.42.00 478.7z 10.1 % Sales Tax o 422.000.72.531.90.49.00 16.1 z a 10.1 % Sales Tax Q 421.000.74.534.80.49.00 16.1 z 10.1 % Sales Tax N 423.000.75.535.80.49.00 16.1E r 119733 OUT SOURCING OF UTILITY BILLS c UB Outsourcing area Printing 1743 422.000.72.531.90.49.00 113.3( •� UB Outsourcing area Printing 1743 421.000.74.534.80.49.00 113.3( UB Outsourcing area Printing 1743 a0i 423.000.75.535.80.49.00 113.2E E UB Outsourcing area Postage @ 421.000.74.534.80.42.00 337.9, Q UB Outsourcing area Postage 423.000.75.535.80.42.00 337.9, 10.1 % Sales Tax 422.000.72.531.90.49.00 11.4z 10.1 % Sales Tax 421.000.74.534.80.49.00 11.4z 10.1 % Sales Tax 423.000.75.535.80.49.00 11.4,' Page: 7 Packet Pg. 36 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245749 1/14/2021 070305 AUTOMATIC FUNDS TRANSFER 245750 1/14/2021 075217 BASLER, ANTHONY Voucher List City of Edmonds 7.2.a Page: 8 Invoice PO # Description/Account Amoun (Continued) 119856 OUT SOURCING OF UTILITY BILLS UB Outsourcing area Printing 442 422.000.72.531.90.49.00 28.7; .-. UB Outsourcing area Printing 442 421.000.74.534.80.49.00 28.7; UB Outsourcing area Printing 442 U 423.000.75.535.80.49.00 28.7< E UB Outsourcing area Postage 421.000.74.534.80.42.00 _R 110.5( 0 UB Outsourcing area Postage o 423.000.75.535.80.42.00 110.5( 10.1 % Sales Tax o 422.000.72.531.90.49.00 2.9( a 10.1 % Sales Tax Q 421.000.74.534.80.49.00 2.9( 10.1 % Sales Tax N 423.000.75.535.80.49.00 2.9" r Total : 3,917.81, c 54455 INTERPRETER - XZ0729093 E INTERPRETER 001.000.23.512.50.41.01 100.0( a ; 55103 INTERPRETER - XZ244518 m INTERPRETER - XZ244518 E 001.000.23.512.50.41.01 100.0( U 55108 INTERPRETER - XZ0540779 r INTERPRETER - XZ0540779 Q 001.000.23.512.50.41.01 100.0( 55453 INTERPRETER - XZ0343286 INTERPRETER - XZ0343286 001.000.23.512.50.41.01 100.0( 55507 INTERPRETER - XZ213347 INTERPRETER - XZ213347 001.000.23.512.50.41.01 100.0( 55587 INTERPRETER - XZ0703370 Page: 8 Packet Pg. 37 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 9 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245750 1/14/2021 075217 BASLER, ANTHONY (Continued) INTERPRETER - XZ0703370 001.000.23.512.50.41.01 125.0( Tota I : 625.0( 245751 1/14/2021 073041 BECK & ASSOCIATES PLLC 2020-EDM-012 BLD2020-1167 REVIEW BLD2020-1167 GRE Apts- 001.000.245.965 2,100.0( Total : 2,100.0( 245752 1/14/2021 069226 BHC CONSULTANTS LLC 0013239 WWTP: TASKS 001 & 002 11/28-12/ TASKS 001 & 002 11/28-12/31/20 423.000.76.535.80.41.00 1,693.0( 13229 DEV SVCS - PROF SVCS On Call Planning Svcs & Long Range 001.000.62.524.10.41.00 2,167.2( 20-10728.00 ON -CALL WASTEWATER ENGINEEI EOGA.Services thru 12/31/20 423.000.75.594.35.41.00 6,758.0( Total: 10,618.2( 245753 1/14/2021 028050 BILL PIERRE FORD INC 773634 UNIT 438 - PARTS/ MOTOR UNIT 438 - PARTS/ MOTOR 511.000.77.548.68.31.10 311.7E 10.1 % Sales Tax 511.000.77.548.68.31.10 31.4� Tota I : 343.2 , 245754 1/14/2021 066673 BILLS BLUEPRINT INC 618802 E7DC.SPECS & PLANS REPRODUC E7DC.Specs & Plans Reproduction 112.000.68.542.61.41.00 724.8E E7DC.Specs & Plans Reproduction 126.000.68.595.33.41.00 312.4E E7DC.Specs & Plans Reproduction 422.000.72.594.31.41.00 25.5- 618971 EOJA.SPECS & PLAN REPRODUCTI Page: 9 Packet Pg. 38 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 10 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245754 1/14/2021 066673 BILLS BLUEPRINT INC (Continued) EOJA.Specs & Plans Reproduction 421.000.74.594.34.41.00 256.1,' Total: 1,319.0( 245755 1/14/2021 074307 BLUE STAR GAS 1219867 FLEET - AUTO PROPANE 654.40 GF N FLEET - AUTO PROPANE 654.40 GF 511.000.77.548.68.34.12 672.1( U Total : 672.1( 245756 1/14/2021 073760 BLUELINE GROUP LLC 20299 EODC.SERVICES THRU 12/31/20 EODC.Services thru 12/31/20 0 'R 112.000.68.595.33.41.00 29,871.4' o Total: 29,871.41 Q a 245757 1/14/2021 003074 BNSF RAILWAY COMPANY 90193395 ESAA.INSTALL OF AUTOMATED HO Q ESAA.INSTALL OF AUTOMATED HO 126.000.68.595.70.65.00 N 121.6, 90193396 ESAA.INSTALL OF AUTOMATED HO r ESAA.INSTALL OF AUTOMATED HO c 126.000.68.595.70.65.00 302.8, Total 245758 1/14/2021 003001 BUILDERS SAND & GRAVEL 338622 WATER/SEWER/STREET/STORM - i WATER/SEWER/STREET/STORM - 111.000.68.542.31.31.00 1,269.0" t WATER/SEWER/STREET/STORM - i U �a 422.000.72.531.40.31.00 11269.0" Q WATER/SEWER/STREET/STORM - i 421.000.74.534.80.31.00 1, 269.0 WATER/SEWER/STREET/STORM - 1 423.000.75.535.80.31.00 1,269.0( 10.4% Sales Tax 111.000.68.542.31.31.00 131.9£ 10.4% Sales Tax 422.000.72.531.40.31.00 131.9£ Page: 10 Packet Pg. 39 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 11 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245758 1/14/2021 003001 BUILDERS SAND & GRAVEL (Continued) 10.4% Sales Tax 421.000.74.534.80.31.00 131.9E 10.4% Sales Tax 423.000.75.535.80.31.00 131.9, Total: 5,603.9E 245759 1/14/2021 018495 CALPORTLAND COMPANY 94879017 STREET - 5.5 SK 3/8 AEA, DARASE- STREET - 5.5 SK 3/8 AEA, DARASE- 111.000.68.542.61.31.00 513.2, 10.0% Sales Tax 111.000.68.542.61.31.00 51.3E Total: 564.5f 245760 1/14/2021 073029 CANON FINANCIAL SERVICES 22252814 22252814 - EDMONDS PD 12/20 CONTRACT CHARGE-FAXBO, 001.000.41.521.10.45.00 36.0, 10.4% Sales Tax 001.000.41.521.10.45.00 3.7.E Total : 39.7j 245761 1/14/2021 070088 CASCADIA CONSULTING GROUP 7743 DEV SVCS PROF SVCS Cascadia Consulting for Citizens' 001.000.62.524.10.41.00 8,593.7.E Total : 8,593.7; 245762 1/14/2021 069813 CDW GOVERNMENT INC 4616063 HP PROLIANT DL360 GEN 10 NETV1 HP ProLiant DL360 Gen 10 Network 512.000.31.518.88.48.00 8,960.5E 10.4% Sales Tax 512.000.31.518.88.48.00 931.8� 4616124 HP HARD DRIVES & POWER SUPP HP Hard Drives & Power supplies - 512.000.31.518.88.48.00 1,738.6E 10.4% Sales Tax 512.000.31.518.88.48.00 180.8, Page: 11 Packet Pg. 40 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245762 1/14/2021 069813 CDW GOVERNMENT INC Voucher List City of Edmonds 7.2.a Page: 12 Invoice PO # Description/Account Amoun (Continued) 4681939 SERVER COMPONENTS HPE Smart Memory Kits, Storage 512.000.31.518.88.48.00 21,183.4z . . 10.4% Sales Tax 512.000.31.518.88.48.00 2,203.0E um 4681989 HP MOUNTABLE RACKS,CONTROL HP Mountable Racks, Controllers & E 512.000.31.518.88.48.00 12,331.0E 10.4% Sales Tax 512.000.31.518.88.48.00 1,282.4, o 4738230 HPE 3 YR EXTENDED SERVICE AG HPE 3 yr Extended service agreemer o 512.000.31.518.88.48.00 1,521.0( 0- 10.4% Sales Tax Q 512.000.31.518.88.48.00 158.1 E 5351545 REPLACEMENT SERVER N HPE DL360 Replacement Server r 512.000.31.518.88.48.00 6,666.3E c 10.4% Sales Tax N 512.000.31.518.88.48.00 693.3( . 5888313 HP MOUNTABLE RACKS RETURNE T HP Mountable Racks returned for cre a ; 512.000.31.518.88.48.00 -2,981.5, 10.4% Sales Tax E 512.000.31.518.88.48.00 -310.0E u 5950815 HP MOUNTABLE RACKS RETURNE r g HP Mountable Racks returned for cre Q 512.000.31.518.88.48.00 -5,963.0z 10.4% Sales Tax 512.000.31.518.88.48.00 -620.1 E 6010755 HP ADAPTERS RETURNED FOR CF HP Adapters returned for credit - 512.000.31.518.88.48.00 -1,941.8( 10.4% Sales Tax Page: 12 Packet Pg. 41 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 13 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 245762 1/14/2021 069813 CDW GOVERNMENT INC (Continued) 512.000.31.518.88.48.00 -201.9f 6065177 HP HARD DRIVES & POWER SUPP HP Hard Drives & Power supplies -71 512.000.31.518.88.48.00 -1,730.6E 10.4% Sales Tax 512.000.31.518.88.48.00 -179.9� 6065189 HP CONTROLLERS & ADAPTERS R E HP Controllers & Adapters returned f( 512.000.31.518.88.48.00 -1,444.61 10.4% Sales Tax o 512.000.31.518.88.48.00 -150.2, 'R 6083705 MS OFFICE365 0 MS Office 365 a 512.000.31.518.88.48.00 7,375.4( Q 10.4% Sales Tax 512.000.31.518.88.48.00 767.0z N 6084065 MS EA EXCH ONLN P2G SUB P/USE T MS EA EXCH ONLN P2G SUB P/USE c 512.000.31.518.88.48.00 238.5( 10.4% Sales Tax 512.000.31.518.88.48.00 24.8( 6148666 HPE 3 YR EXTENDED SERVICE AG a ; HPE 3 yr Extended service agreemer 512.000.31.518.88.48.00 -11521.0( E 10.4% Sales Tax U 512.000.31.518.88.48.00 M -158.1 E r 6151037 HP LIGHTS OUT ADVANCED Q HP Integrated lights out advanced 512.000.31.518.88.48.00 1,165.5' 10.4% Sales Tax 512.000.31.518.88.48.00 121.2, Total: 50,339.9z 245763 1/14/2021 070144 CEDAR GROVE COMPOSTING INC 0000573533 EBFC: - RAIN GARDEN SOIL EBFC: - RAIN GARDEN SOIL Page: 13 Packet Pg. 42 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 245763 1/14/2021 070144 CEDAR GROVE COMPOSTING INC (Continued) 422.000.72.594.31.65.20 ENV FEE 422.000.72.594.31.65.20 9.8% Sales Tax 422.000.72.594.31.65.20 Tota I : 245764 1/14/2021 003510 CENTRAL WELDING SUPPLY RN12200977 YOST POOL CYLINDER RENTAL YOST POOL CYLINDER RENTAL 001.000.64.576.80.45.00 10.4% Sales Tax 001.000.64.576.80.45.00 RN12200978 WWTP: CYINDER RENTAL INVOICE CYINDER RENTAL INVOICE 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Total 245765 1/14/2021 073249 CG ENGINEERING, PLLC 43779 TO 20-02.BLD2020-0017.SERVICES TO 20-02.BLD2020-0017.Services thi 001.000.245.963 Tota I : 245766 1/14/2021 076816 CITY OF EDMONDS VEBA TRUST 2021 2021 AFSCME VEBA FUNDING AFSCME VEBA 001.000.23.523.30.23.15 AFSCME VEBA 001.000.25.514.30.23.15 AFSCME VEBA 001.000.31.514.23.23.15 AFSCME VEBA 001.000.62.524.10.23.15 AFSCME VEBA 001.000.62.558.60.23.15 7.2.a Page: 14 Amoun 168.0( 9.0( N 17.3z 194.3z u E .2 0 60.0( o R 6.2z o L Q. a a 142.7E N 14.8E r 223.8z r 0 N E 515.0( 515.0( c m E t U M 1,250.0( Q 750.0( 2,000.0( 2,000.0( 250.0( Page: 14 Packet Pg. 43 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245766 1/14/2021 076816 CITY OF EDMONDS VEBA TRUST Voucher List City of Edmonds 7.2.a Page: 15 Invoice PO # Description/Account Amoun (Continued) AFSCME VEBA 001.000.64.571.21.23.15 250.0( AFSCME VEBA 001.000.64.571.22.23.15 1,250.0( u) AFSCME VEBA m 001.000.65.518.20.23.15 250.0( u AFSCME VEBA E 001.000.67.518.21.23.15 2,000.0( 'R AFSCME VEBA 422.000.72.531.90.23.15 250.0( o AFSCME VEBA 423.000.76.535.80.23.15 250.0( o AFSCME VEBA Q- a 512.000.31.518.88.23.15 250.0( Q AFSCME VEBA 421.000.74.534.80.23.15 250.0( AFSCME VEBA r 001.000.25.514.30.23.15 250.0( o 2021-EPOA 2021 EPOA VEBA CONTRIBUTION EPOA VEBA 001.000.41.521.10.11.00 300.0( EPOA VEBA 001.000.41.521.11.11.00 c 300.0( EPOA VEBA E E 001.000.41.521.22.11.00 11,400.0( u. EPOA VEBA Q 001.000.41.521.26.11.00 600.0( EPOA VEBA 001.000.41.521.40.11.00 300.0( EPOA VEBA 001.000.41.521.71.11.00 600.0( EPOA VEBA 001.000.41.521.21.11.00 1,800.0( Page: 15 Packet Pg. 44 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 245766 1/14/2021 076816 076816 CITY OF EDMONDS VEBA TRUST (Continued) Total 245767 1/14/2021 076914 CM DESIGN GROUP LLC 20058 E21CA.SERVICES THRU 12/31/20 E21CA.Services thru 12/31/20 112.000.68.542.30.41.00 E21CA.Services thru 12/31/20 125.000.68.542.30.41.00 E21CA.Services thru 12/31/20 126.000.68.542.30.41.00 Total 245768 1/14/2021 074255 COAL CREEK ENVIRONMENTAL ASSOC 120902-29 WWTP: TO 2,3 & 4 FINAL BILL FOR TO 2, 3 & 4 FINAL BILL FOR 2020 423.000.76.535.80.41.00 120902-30 WWTP: FINAL 2020 AIR EMISSION AIR EMISSIONS TECH SUPPORT TI 423.000.76.535.80.41.00 Total 245769 1/14/2021 073135 COGENT COMMUNICATIONS INC JAN-2021 C/A CITYOFED00001 Jan-2021 Fiber Optics Internet 512.000.31.518.87.42.00 Total 245770 1/14/2021 071417 CORE & MAIN LP N463159 EBFC: SUPPLIES FOR RAIN GARDE EBFC: SUPPLIES FOR RAIN GARDE 422.000.72.594.31.65.20 10.4% Sales Tax 422.000.72.594.31.65.20 Total 245771 1/14/2021 065683 CORRY'S FINE DRY CLEANING DEC 2020 DEC 2020 - EDMONDS PD DEC 2020 DRY CLEANING CHARGE 001.000.41.521.22.24.00 Tota I : 245772 1/14/2021 075727 CORT, TODD 12/18/2020 CLAIM FOR EXPENSES 7.2.a Page: 16 Page: 16 Packet Pg. 45 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 245772 1/14/2021 075727 CORT, TODD (Continued) REIMBURSEMENT FOR PURCHASE 001.000.64.571.22.31.00 Tota I : 245773 1/14/2021 064531 DINES, JEANNIE 21-4058 INV 21-4058 - EDMONDS PD CS 19-29262 TRANSCRIPTIONS -ME 001.000.41.521.21.41.00 CS 20-41998 TRANSCRIPTIONS -ME 001.000.41.521.21.41.00 CS 20-12007 TRANSCRIPTIONS -ME 001.000.41.521.21.41.00 21-4061 CITY COUNCIL MEETING MINUTES city countil meeting minutes 1/5 001.000.25.514.30.41.00 Tota I : 245774 1/14/2021 075910 DLT SOLUTIONS 4858999A AUTOCAD RENEWAL FOR 2021 AutoCAD 2021 Renewal 421.000.74.534.80.49.20 AutoCAD 2021 Renewal 422.000.72.531.90.49.20 AutoCAD 2021 Renewal 423.000.75.535.80.49.20 Arch, Eng, & Construciton Colllection 421.000.74.534.80.49.20 Arch, Eng, & Construciton Colllection 422.000.72.531.90.49.20 Arch, Eng, & Construciton Colllection 423.000.75.535.80.49.20 10.4% Sales Tax 421.000.74.534.80.49.20 10.4% Sales Tax 422.000.72.531.90.49.20 10.4% Sales Tax 423.000.75.535.80.49.20 7.2.a Page: 17 Page: 17 Packet Pg. 46 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 18 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 245774 1/14/2021 075910 075910 DLT SOLUTIONS (Continued) Total : 4,848.3: 245775 1/14/2021 006844 DMCJA 12312020 DMCJA DUES FOR THE JUDGE AS; DMCJA DUES FOR THE JUDGE 001.000.23.512.50.49.00 700.0( Total : 700.0( 245776 1/14/2021 007253 DUNN LUMBER 7704487 PM: SUPPLIES ACCT E000027 PM SUPPLIES: WOOD 001.000.64.576.80.31.00 62.4( 10.3% Sales Tax 001.000.64.576.80.31.00 6.4< Tota I : 68.8: 245777 1/14/2021 007287 ECONOMIC ALLIANCE SNOHOMISH CO 2021-109 2021 EASC MEMBERSHIP DUES 2021 Economic Alliance Snohomish 001.000.39.513.10.49.00 10,000.0( Total: 10,000.0( 245778 1/14/2021 007675 EDMONDS AUTO PARTS 00010112027 PM SUPPLIES: TAP PM SUPPLIES: TAP 001.000.64.576.80.31.00 7.5( 10.4% Sales Tax 001.000.64.576.80.31.00 0.7£ Total: 8.21 245779 1/14/2021 071969 EDMONDS CENTER FOR THE ARTS LTAC-2020-ECA LTAC AWARD FOR TOURISM AD IN LTAC AWARD FOR TOURISM AD IN 120.000.31.575.42.41.40 12,500.0( Total : 12,500.0( 245780 1/14/2021 076610 EDMONDS HERO HARDWARE 1938 WWTP: ICE BAG FOR LAB ICE BAG FOR LAB 423.000.76.535.80.31.00 5.9£ 1971 WWTP: SNOW MET & SHOVEL SNOW MET & SHOVEL 423.000.76.535.80.31.00 52.9 , Page: 18 Packet Pg. 47 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 19 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245780 1/14/2021 076610 EDMONDS HERO HARDWARE (Continued) 10.4% Sales Tax 423.000.76.535.80.31.00 5.5' 2009 PM SUPPLIES: WORK TOWELS PM SUPPLIES: WORK TOWELS 001.000.64.576.80.31.00 29.9E 10.4% Sales Tax U 001.000.64.576.80.31.00 3.1 ' E 2013 PM SUPPLIES: SOCKETS, VALVES 10.4% Sales Tax 001.000.64.576.80.31.00 4.9� O PM SUPPLIES: SOCKETS, VALVES 001.000.64.576.80.31.00 47.9,1 o 2015 PM SUPPLIES: PRIMER Q- a PM SUPPLIES: PRIMER Q 001.000.64.576.80.31.00 6.9� 10.4% Sales Tax N 001.000.64.576.80.31.00 0.7; r Total : 158.2: c N 245781 1/14/2021 008812 ELECTRONIC BUSINESS MACHINES AR179968 ENGINEERING COPIER THRU 12/0� E ENGINEERING COPIER THRU 12/0< 001.000.67.518.21.45.00 59.9E AR182258 ENGINEERING COPIER THRU 01/0< m Engineering Copier thru 01/03/21 E 001.000.67.518.21.45.00 56.1 � U AR182259 DEV SVCS MONTHLY COPIER CON r Dev Svcs Copier (SN 3AP01472)- Q 001.000.62.524.10.45.00 200.E 10.4% Sales Tax 001.000.62.524.10.45.00 20.8 Total: 337.61 245782 1/14/2021 070515 EMERALD CITY HARLEY-DAVIDSON 316673 UNIT 960 - PARTS/ POLICE STROBE UNIT 960 - PARTS/ POLICE STROBE 511.000.77.548.68.31.10 348.0E Page: 19 Packet Pg. 48 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 20 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245782 1/14/2021 070515 EMERALD CITY HARLEY-DAVIDSON (Continued) 318044 UNIT 960 - PARTS/ MIRROR EXT UNIT 960 - PARTS/ MIRROR EXT 511.000.77.548.68.31.10 99.2E Total: 447.3' ui 245783 1/14/2021 075136 ENVIRONMENTAL SCIENCE ASSOC 160587 DEV SVCS PROF SVCS t Consultant: ESA- U 001.000.62.524.10.41.00 700.0( Total: 700.0( Z 245784 1/14/2021 075871 FLOW TECHNOLOGIES INC E6GB.Pmt 3 E6GB.PMT 3 THRU 12/23/20 4- O E6GB.Pmt 3 thru 12/23/20 R 0 423.000.75.594.35.65.30 318,379.9E Q. E6GB.Ret 3 Q 423.000.223.400 -14,419.3E Total : 303,960.61 N le 245785 1/14/2021 071562 FORMA COE1-0821 LANDSCAPE IMPROVEMENT PROJ r LANDSCAPE IMPROVEMENT PROJ c 001.000.64.576.80.31.00 2,000.0( 10.4% Sales Tax 001.000.64.576.80.31.00 208.0( Total: 2,208.0( m 245786 1/14/2021 078271 GEPNER, ROBIN 2004874.009 REFUND: CLASS CANCELLATION: ( E t REFUND: CLASS CANCELLATION: ( U �a 001.000.239.200 34.5( Q Total: 34.5( 245787 1/14/2021 078267 GO JO PLUMBING BLD2021-0003 DEV SVCS-REFUND BLD2021-0003- 001.000.257.620 244.0( Total: 244.0( 245788 1/14/2021 076542 GRANICUS 135489 CIVIC STREAMING, AGENDA & MIN civic streaming, agenda and minutes Page: 20 Packet Pg. 49 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 245788 1/14/2021 076542 GRANICUS (Continued) 001.000.25.514.30.48.00 10.4% Sales Tax 001.000.25.514.30.48.00 245789 1/14/2021 078272 HARRINGTON, SHEILAANNE 55453 245790 1/14/2021 077171 HISTORICAL RESEARCH ASSOCIATES 2011138 245791 1/14/2021 067862 HOME DEPOT CREDIT SERVICES 1020632 1624032 2014537 2021727 Total : INTERPRETER - XZ0127001 INTERPRETER - XZ0127001 001.000.23.512.50.41.01 Total E7MA.TO 20-02.SERVICES THRU 11 E7MA.TO 20-02 Services thru 11/30/, 126.000.64.594.76.41.00 E7MA.TO 20-02 Services thru 11/30/, 125.000.64.594.76.41.00 E7MA.TO 20-02 Services thru 11/30/', 332.000.64.594.76.41.00 Total PUBLIC SAFETY - SUPPLIES PUBLIC SAFETY - SUPPLIES 001.000.66.518.30.31.00 10.2% Sales Tax 001.000.66.518.30.31.00 TRAFFIC - SUPPLIES TRAFFIC - SUPPLIES 111.000.68.542.64.31.00 10.2% Sales Tax 111.000.68.542.64.31.00 SEWER - SUPPLIES 10.2% Sales Tax 423.000.75.535.80.31.00 SEWER - SUPPLIES 423.000.75.535.80.31.00 TRAFFIC - SUPPLIES/ ANCHORS 7.2.a Page: 21 Page: 21 Packet Pg. 50 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245791 1/14/2021 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds 7.2.a Page: 22 Invoice PO # Description/Account Amoun (Continued) TRAFFIC - SUPPLIES/ ANCHORS 111.000.68.542.64.31.00 24.1' 10.2% Sales Tax -71 111.000.68.542.64.31.00 2.4E 2022750 CITY PARK BUILDINGS - SUPPLIES CITY PARK BUILDINGS - SUPPLIES m 001.000.66.518.30.31.00 18.8E E 10.2% Sales Tax 001.000.66.518.30.31.00 _M 1.9, 2254964 CITY PARKS BUILDINGS - RETURN O CITY PARKS BUILDINGS - RETURN 001.000.66.518.30.31.00 -24.9 � o 10.2% Sales Tax a 001.000.66.518.30.31.00 -2.5E Q 2613641 TRAFFIC - SUPPLIES/ BATTERIES E TRAFFIC - SUPPLIES/ BATTERIES E N 111.000.68.542.64.31.00 182.9z r 10.2% Sales Tax c 111.000.68.542.64.31.00 18.6E to 2623807 WATER - SUPPLIES E WATER - SUPPLIES 421.000.74.534.80.31.00 36.9E 10.2% Sales Tax 421.000.74.534.80.31.00 3.7, E 3014377 FIRE STATION 20 - SUPPLIES/ FILTI @ FIRE STATION 20 - SUPPLIES/ FILTI r 001.000.66.518.30.31.00 23.9z Q 10.2% Sales Tax 001.000.66.518.30.31.00 2.4z 3020399 CITY HALL - SUPPLIES/ BLINDS CITY HALL - SUPPLIES/ BLINDS 001.000.66.518.30.31.00 53.4z 10.2% Sales Tax 001.000.66.518.30.31.00 5.4,1 Page: 22 Packet Pg. 51 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245791 1/14/2021 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds 7.2.a Page: 23 Invoice PO # Description/Account Amoun (Continued) 4015601 STREET - CONCRETE SUPPLIES STREET - CONCRETE SUPPLIES 111.000.68.542.61.31.00 239.1( 10.2% Sales Tax 111.000.68.542.61.31.00 24.3� um 4510829 STORM - SUPPLIES STORM - SUPPLIES E 422.000.72.531.40.31.00 10.2% Sales Tax 422.000.72.531.40.31.00 1.1, O 5015449 STREET - CONCRETE SUPPLIES STREET - CONCRETE SUPPLIES o L 111.000.68.542.61.31.00 29.9 � a 10.2% Sales Tax Q 111.000.68.542.61.31.00 3.0E 5021387 FAC MAINT SHOP - SUPPLIES N FAC MAINT SHOP - SUPPLIES T 001.000.66.518.30.31.00 43.0E c 10.2% Sales Tax W 001.000.66.518.30.31.00 4.3� .9 5034846 FAC MAINT SHOP SUPPLIES T FAC MAINT SHOP SUPPLIES a ; 001.000.66.518.30.31.00 444.9, 10.2% Sales Tax E 001.000.66.518.30.31.00 45.3E u 5510738 FIRE STATION 17 - SUPPLIES/ WIRI r FIRE STATION 17 - SUPPLIES/ WIRI Q 001.000.66.518.30.31.00 19.9 1 10.2% Sales Tax 001.000.66.518.30.31.00 2.0z 5621707 STREET - UNITS 121 & 66 LOPPER! STREET - UNITS 121 & 66 LOPPER2 111.000.68.542.71.31.00 41.1z 10.2% Sales Tax Page: 23 Packet Pg. 52 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 24 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245791 1/14/2021 067862 HOME DEPOT CREDIT SERVICES (Continued) 111.000.68.542.71.31.00 4.2( 611137 FAC MAINT - SUPPLIES FAC MAINT - SUPPLIES 001.000.66.518.30.31.00 47.9z 10.2% Sales Tax 001.000.66.518.30.31.00 4.8f 611143 STORM - TV TRUCK SUPPLIES E STORM - TV TRUCK SUPPLIES M 422.000.72.531.40.31.00 6.5,1 10.2% Sales Tax o 422.000.72.531.40.31.00 0.6 7010484 TRAFFIC - SUPPLIES o TRAFFIC - SUPPLIES L a 111.000.68.542.64.31.00 239.1 E Q 10.2% Sales Tax 111.000.68.542.64.31.00 24.4( N 7623015 CITY PARK BUILDINGS - SUPPLIES T CITY PARK BUILDINGS - SUPPLIES c 001.000.66.518.30.31.00 24.9 � N 10.2% Sales Tax E 001.000.66.518.30.31.00 2.5,1 9022041 PUBLIC SAFETY - KITCHEN FAUCE a ; PUBLIC SAFETY - KITCHEN FAUCE m 001.000.66.518.30.31.00 69.0( E 10.2% Sales Tax U 001.000.66.518.30.31.00 M 7.0z r 9510099 FAC MAINT - SUPPLIES Q FAC MAINT - SUPPLIES 001.000.66.518.30.31.00 38.1 , 10.2% Sales Tax 001.000.66.518.30.31.00 3.8� Total: 1,824.4° 245792 1/14/2021 067862 HOME DEPOT CREDIT SERVICES 1090487 CEMETERY: STRING LIGHTS CEMETERY: STRING LIGHTS Page: 24 Packet Pg. 53 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245792 1/14/2021 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds 7.2.a Page: 25 Invoice PO # Description/Account Amoun (Continued) 130.000.64.536.50.31.00 54.9( 10.2% Sales Tax 130.000.64.536.50.31.00 5.6" .. 14822 CEMETERY: WOOD, BOLTS CEMETERY: WOOD, BOLTS 130.000.64.536.50.31.00 63.9z 10.2% Sales Tax E 130.000.64.536.50.31.00 6.5Z 3013139 PM SUPPLIES: WOOD, POLES PM SUPPLIES: WOOD, POLES o 001.000.64.576.80.31.00 79.9, 10.2% Sales Tax o L 001.000.64.576.80.31.00 8.1E a 3020393 PM SUPPLIES: HEATERS, WATER F Q PM SUPPLIES: HEATERS, WATER F 001.000.64.576.80.31.00 129.1' N 10.2% Sales Tax r 001.000.64.576.80.31.00 13.11 c 4023563 PM SUPPLIES: CONCRETE rn PM SUPPLIES: CONCRETE E 001.000.64.576.80.31.00 32.8£ 10.2% Sales Tax a ; 001.000.64.576.80.31.00 3.3E 4023564 PM SUPPLIES: POLE, PAINT E PM SUPPLIES: POLE, PAINT 001.000.64.576.80.31.00 @ 59.4z r 10.2% Sales Tax Q 001.000.64.576.80.31.00 6.0E 5071895 PM SUPPLIES: HOLIDAY LIGHTS PM SUPPLIES: HOLIDAY LIGHTS 001.000.64.576.80.31.00 49.9( 10.2% Sales Tax 001.000.64.576.80.31.00 5.0� 5513144 PM SUPPLIES: TOOL KIT Page: 25 Packet Pg. 54 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245792 1/14/2021 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds 7.2.a Page: 26 Invoice PO # Description/Account Amoun (Continued) PM SUPPLIES: TOOL KIT 001.000.64.576.80.31.00 116.7' 10.2% Sales Tax -71 001.000.64.576.80.31.00 11.9" U) 5524064 PM SUPPLIES: HOLIDAY LIGHTS PM SUPPLIES: HOLIDAY LIGHTS m 001.000.64.576.80.31.00 59.8E E 10.2% Sales Tax 001.000.64.576.80.31.00 _M 6.1' 5623546 PM SUPPLIES: ADAPTERS, PIPE, IF O PM SUPPLIES: ADAPTERS, PIPE, IF 001.000.64.576.80.31.00 47.7E 0- 10.2% Sales Tax a 001.000.64.576.80.31.00 4.8, Q 6521898 PM SUPPLIES: WATER PIPE HEAT PM SUPPLIES: WATER PIPE HEAT ( N 001.000.64.576.80.31.00 29.1, r 10.2% Sales Tax c 001.000.64.576.80.31.00 2.9E 7022342 PM SUPPLIES: REBAR, BIT SET PM SUPPLIES: REBAR, BIT SET 001.000.64.576.80.31.00 54.8E 10.2% Sales Tax 001.000.64.576.80.31.00 5.5E E 7025788 PM SUPPLIES: LUMBER U PM SUPPLIES: LUMBER r 001.000.64.576.80.31.00 17.6< Q 10.2% Sales Tax 001.000.64.576.80.31.00 1.8( 7613780 PM SUPPLIES: FAUCET PM SUPPLIES: FAUCET 001.000.64.576.80.31.00 19.4 10.2% Sales Tax 001.000.64.576.80.31.00 1.9� Page: 26 Packet Pg. 55 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 27 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245792 1/14/2021 067862 HOME DEPOT CREDIT SERVICES (Continued) 8525273 PM SUPPLIES: SPRAY PAINT PM SUPPLIES: SPRAY PAINT 001.000.64.576.80.31.00 6.9f 10.2% Sales Tax 001.000.64.576.80.31.00 0.7- 9511580 PM SUPPLIES: CONCRETE PM SUPPLIES: CONCRETE 001.000.64.576.80.31.00 24.6,1 10.2% Sales Tax 001.000.64.576.80.31.00 2.5' Total : 933.7' 245793 1/14/2021 072627 INTRADO LIFE & SAFETY INC 7013067 MONTHLY 911 DATABASE MAINT Monthly 911 database maint 512.000.31.518.88.48.00 200.0( Total : 200.0( 245794 1/14/2021 076917 JACOBS ENGINEERING GROUP INC W3X8610012 WWTP: TO 1 & 6 THRU 12/31/20 TO 1 & 6 THRU 12/31/20 423.000.76.535.80.41.00 2,203.5( Total: 2,203.5( 245795 1/14/2021 078270 JOEL & KATINA NORMAN 3-33205 #783223RT UTILITY REFUND #783223RT Utility refund due to 411.000.233.000 134.5 , Tota I : 134.5 245796 1/14/2021 075265 KBA INC 3005733 E7MA.SERVICES THRU 12/31/20 E7MA.Services thru 12/31/20 332.000.64.594.76.41.00 966.7' E7MA.Services thru 12/31/20 126.000.64.594.76.41.00 544.7! E7MA.Services thru 12/31/20 125.000.64.594.76.41.00 818.5: Tota I : 2.329.91 Page: 27 Packet Pg. 56 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245797 1/14/2021 017135 LANDAU ASSOCIATES INC 245798 245799 245800 1/14/2021 019582 MANOR HARDWARE Voucher List City of Edmonds Invoice 47214 47215 094543-00 1/14/2021 068489 MCLOUGHLIN & EARDLEY GROUP INC 0253156 PO # Description/Account E7MA.SERVICES THRU 12/31/20 E7MA.Services thru 12/31/20 332.000.64.594.76.41.00 E7MA.Services thru 12/31/20 126.000.64.594.76.41.00 E7MA.Services thru 12/31/20 125.000.64.594.76.41.00 E7MA.TO 19-02.SERVICES THRU 1, E7MA.TO 19-02.Services thru 12/31/, 332.000.64.594.76.41.00 E7MA.TO 19-02.Services thru 12/31/, 126.000.64.594.76.41.00 E7MA.TO 19-02.Services thru 12/31/, 125.000.64.594.76.41.00 Total STREET - SUPPLIES/ SAW, BLADE; STREET - SUPPLIES/ SAW, BLADE! 111.000.68.542.61.31.00 10.5% Sales Tax 111.000.68.542.61.31.00 Total E176PO - PARTS E176PO - PARTS 511.100.77.594.48.64.00 10.4% Sales Tax 511.100.77.594.48.64.00 Total : 1/14/2021 069053 MICRO COM SYSTEMS LTD 17533 DEV SVCS PROF SVCS Permit Document Scanning, includinc 001.000.62.524.10.41.00 10.4% Sales Tax 001.000.62.524.10.41.00 7.2.a Page: 28 Amoun 10,375.0( 5,850.0( Ili m 8,775.0( u E 5,186.9- 0 2,922.81 > 0 L 4,391.8, a 37,501.6( Q N T 1,309.5E c 137.5- E 1,447.05 c m E 170.0( r- �a r 17.6E Q 187.6E 5,568.6< 579.1 z Page: 28 Packet Pg. 57 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 245800 1/14/2021 069053 069053 MICRO COM SYSTEMS LTD (Continued) 245801 1/14/2021 078269 MIKHAIL & LARISA KITSAK 2-06925 245802 1/14/2021 020900 MILLERS EQUIP & RENT ALL INC 245803 1/14/2021 072746 MURRAYSMITH INC 245804 1/14/2021 065469 MYERS SCULPTURE 245805 1/14/2021 078268 NATIONAL RESILIENCE INC Description/Account Total ; #40269815-808-WL1 UTILITY REFUI #40269815-808-WL1 Utility refund du 411.000.233.000 Total 340909 STREET - FILLER CAP STREET - FILLER CAP 111.000.68.542.71.31.00 10.4% Sales Tax 111.000.68.542.71.31.00 341705 PM: EXCAVATOR RENTAL PM: EXCAVATOR RENTAL 001.000.64.576.80.45.00 10.4% Sales Tax 001.000.64.576.80.45.00 Total : 20-2775.00-10 EOGA.SERVICES THRU 12/31/20 EOGA.Services thru 12/31/20 423.000.75.594.35.41.00 20-2967.00-1 E0J13.SERVICES THRU 12/31/20 EOJB.Services thru 12/31/20 421.000.74.594.34.41.00 Total 8 E7MA.SERVICES THRU 12/31/20 E7MA.Services thru 12/31/20 332.000.64.594.76.41.00 E7MA.Services thru 12/31/20 126.000.64.594.76.41.00 E7MA.Services thru 12/31/20 125.000.64.594.76.41.00 Total National Resilience BL REFUND FOR NATIONAL RESILI 7.2.a Page: 29 Amoun 6,147.7, 221.5( ui 221.5( m t U E 7.4E 0 0.7, 0 Q. 246.5( Q 25.6z N 280.3E le r 0 N E 19,912.0E c 4,690.5( 24,602.51 t U �a Q 1,411.0( 795.6( 1,193.4( 3,400.0( Page: 29 Packet Pg. 58 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245805 1/14/2021 078268 NATIONAL RESILIENCE INC 245806 1/14/2021 024302 NELSON PETROLEUM Voucher List City of Edmonds Invoice PO # Description/Account (Continued) bl refend for national reslilience 001.000.257.620 Tota I : 0751210-IN FLEET - FILTERS FLEET - FILTERS 511.000.77.548.68.34.40 10.4% Sales Tax 511.000.77.548.68.34.40 245807 1/14/2021 026200 OLYMPIC VIEW WATER DISTRICT 0000130 245808 1/14/2021 075735 PACIFIC SECURITY 0001520 0001530 0002930 0021400 0026390 34527 Total ; PLANTER IRRIGATION 220TH ST S\ PLANTER IRRIGATION 220TH ST S\ 001.000.64.576.80.47.00 CEMETERY 820 15TH ST SW CEMETERY 820 15TH ST SW 130.000.64.536.50.47.00 CEMETERY SPRINKLER 820 15TH CEMETERY SPRINKLER 820 15TH 130.000.64.536.50.47.00 SPRINKLER @ 5TH AVE S & SR104 SPRINKLER @ 5TH AVE S & SR104 001.000.64.576.80.47.00 FIRE STATION #20 88TH AVE W / MI FIRE STATION #20 88TH AVE W / MI 001.000.66.518.30.47.00 PLANTER IRRIGATION 10415 226TF PLANTER IRRIGATION 10415 226TF 001.000.64.576.80.47.00 Total COURT SECURITY - DEC 2020 COURT SECURITY DEC 2020 001.000.23.512.50.41.00 7.2.a Page: 30 Page: 30 Packet Pg. 59 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 31 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245808 1/14/2021 075735 075735 PACIFIC SECURITY (Continued) Total : 3,982.2- 245809 1/14/2021 065051 PARAMETRIX INC 24086 WWTP: TO 4 THRU 12/31/20 TO 4 THRU 12/31/20 423.000.76.535.80.41.00 3,277.5( 24087 WWTP: TO 1 THRU 12/31/20 TO 1 THRU 12/31/20 423.000.76.535.80.41.00 12,091.2E 24088 WWTP: TO 3 THRU 12/31/20 TO 3 THRU 12/31/20 423.000.76.535.80.41.00 3,612.0( Total: 18,980.7E 245810 1/14/2021 071488 PARENTMAP 2020-77713 TOURISM PROMOTION MARKETIN( TOURISM PROMOTION MARKETIN( 120.000.31.575.42.41.40 400.0( Total : 400.0( 245811 1/14/2021 074793 PETDATA INC 9275 INV 9275 - EDMONDS PD DEC 2020 PET LICENSES 001.000.41.521.70.41.00 2,209.2( Total : 2,209.2( 245812 1/14/2021 029117 PORT OF EDMONDS 03870 PORT RIGHT-OF-WAY LEASE FOR PORT RIGHT-OF-WAY LEASE FOR 422.000.72.531.90.41.50 3,662.8E Total: 3,662.81 245813 1/14/2021 030400 PUGET SOUND CLEAN AIR AGENCY 21-033 2021 CLEAN AIR ASSESSMENT 2021 Clean Air Assessment (Supplerr 001.000.39.553.70.41.50 37,600.0( Total: 37,600.0( 245814 1/14/2021 076687 REBUILD -IT SERVICES GROUP LLC 11308 WWTP: PO 440 CLAMP, DIAPHRAG PO 440 CLAMP, DIAPHRAGM NORE 423.000.76.535.80.48.00 2,983.0( Freight Page: 31 Packet Pg. 60 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 245814 1/14/2021 076687 REBUILD -IT SERVICES GROUP LLC (Continued) 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Tota I : 245815 1/14/2021 061540 REPUBLIC SERVICES #197 3-0197-0800478 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 3-0197-0800897 PUBLIC WORKS OMC 7110 210TH ; PUBLIC WORKS OMC 7110 210TH ; 001.000.65.518.20.47.00 PUBLIC WORKS OMC 7110 210TH ; 111.000.68.542.90.47.00 PUBLIC WORKS OMC 7110 210TH ; 421.000.74.534.80.47.00 PUBLIC WORKS OMC 7110 210TH ; 423.000.75.535.80.47.10 PUBLIC WORKS OMC 7110 210TH 511.000.77.548.68.47.00 PUBLIC WORKS OMC 7110 210TH 422.000.72.531.90.47.00 3-0197-0801132 FIRE STATION #16 8429 196TH ST FIRE STATION #16 8429 196TH ST 001.000.66.518.30.47.00 3-0197-0829729 CLUBHOUSE 6801 N MEADOWDAL CLUBHOUSE 6801 N MEADOWDAL 001.000.66.518.30.47.00 Total 245816 1/14/2021 069593 SAFELITE FULFILLMENT INC 00446-700078 FLEET - SUPPLIES FLEET - SUPPLIES 511.000.77.548.68.48.00 10.4% Sales Tax 511.000.77.548.68.48.00 7.2.a Page: 32 Amoun 31.5( 313.5" 3,328.01 tj m t U 220.91 E 0 37.6, 0 142.9E Q. a a 142.9E N 142.9E r 0 142.9E N E 142.9' c m 234.0- E t U M r 71.6E a 1,278.91 151.9E 15.8( Page: 32 Packet Pg. 61 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 245816 1/14/2021 069593 069593 SAFELITE FULFILLMENT INC (Continued) 245817 1/14/2021 076328 SCJ ALLIANCE 62218 245818 1/14/2021 073993 SEATTLE PUBLIC UTILITIES 0679540000 245819 1/14/2021 067076 SEATTLE PUMP AND EQUIPMENT CO 218783-1 245820 1/14/2021 037375 SNO CO PUD NO 1 Description/Account Total ; E20CE.SERVICES THRU 12/31/20 E20CE.Services thru 12/31/20 112.000.68.595.33.41.00 E20CE.Services thru 12/31/20 112.000.68.595.20.61.00 Total CHARGES & FEE FOR EMERGENC' WATER CONSUMPTION CHARGES 421.000.74.534.80.47.00 Total UNIT 120 - PARTS UNIT 120 - PARTS 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 Total : 200202919 LIFT STATION #8 113 RAILROAD AV LIFT STATION #8 113 RAILROAD AV 423.000.75.535.80.47.10 200274959 TRAFFIC LIGHT 23602 76TH AVE W TRAFFIC LIGHT 23602 76TH AVE W 111.000.68.542.64.47.00 200493153 TRAFFIC LIGHT 22000 76TH AVE W TRAFFIC LIGHT 22000 76TH AVE W 111.000.68.542.64.47.00 200663953 ANWAY PARK 131 SUNSET AVE / M ANWAY PARK 131 SUNSET AVE / M 001.000.64.576.80.47.00 200748606 TRAFFIC LIGHT 9730 220TH ST SW TRAFFIC LIGHT 9730 220TH ST SW 111.000.68.542.64.47.00 7.2.a Page: 33 Amoun 167.7; 31,329.4, ui 842.2 1 32,171.71 E 0 4,648.0( R 4,648.0( o L a a 81.0( N 8.4< r 89.4: c N E 32.7 9M 14.3 Page: 33 Packet Pg. 62 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245820 1/14/2021 037375 SNO CO PUD NO 1 Voucher List City of Edmonds 7.2.a Page: 34 Invoice PO # Description/Account Amoun (Continued) 200943348 TRAFFIC LIGHT 23202 EDMONDS V TRAFFIC LIGHT 23202 EDMONDS V 111.000.68.542.64.47.00 47.9� 201103561 TRAFFIC LIGHT 23800 FIRDALE AVI TRAFFIC LIGHT 23800 FIRDALE AVI 111.000.68.542.64.47.00 37.1, 201192226 TRAFFIC LIGHT 20408 76TH AVE W E TRAFFIC LIGHT 20408 76TH AVE W 111.000.68.542.64.47.00 17.0, 201501277 LIFT STATION #14 7905 1 /2 211 TH F o LIFT STATION #14 7905 1 /2 211 TH F R 423.000.75.535.80.47.10 24.6< o 201532926 LIFT STATION #7 121 W DAYTON S- L a LIFT STATION #7 121 W DAYTON S- Q 423.000.75.535.80.47.10 150.7( 201711785 STREET LIGHTING (1 LIGHTS @ 15 N STREET LIGHTING (1 LIGHTS @ 15 T 111.000.68.542.63.47.00 8.6, c 202077194 FIRE STATION #20 23009 88TH AVE y FIRE STATION #20 23009 88TH AVE E 001.000.66.518.30.47.00 436.E T 202139655 BRACKETT'S LANDING SOUTH 100 a ; BRACKETT'S LANDING SOUTH 100 m 001.000.64.576.80.47.00 32.0E E 202289096 TRAFFIC LIGHT 22400 HWY 99 / ME U TRAFFIC LIGHT 22400 HWY 99 / ME r 111.000.68.542.64.47.00 42.9' Q 202356739 TRAFFIC LIGHT 21530 76TH AVE W TRAFFIC LIGHT 21530 76TH AVE W 111.000.68.542.64.47.00 30.8E 202499539 LIFT STATION #1 105 GASPERS ST LIFT STATION #1 105 GASPERS ST 423.000.75.535.80.47.10 744.0 202529186 STREET LIGHTING (406 LIGHTS @ STREET LIGHTING (406 LIGHTS @ Page: 34 Packet Pg. 63 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 35 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 245820 1/14/2021 037375 SNO CO PUD NO 1 (Continued) 111.000.68.542.63.47.00 3,955.0- 202529202 STREET LIGHTING 7 LIGHTS @ 40( STREET LIGHTING 7 LIGHTS @ 40( 111.000.68.542.63.47.00 110.5E 202576153 STREET LIGHTING (2097 LIGHTS C STREET LIGHTING (2097 LIGHTS C 111.000.68.542.63.47.00 13,536.9, E 202579488 STREET LIGHTING (33 LIGHTS @ 2 R STREET LIGHTING (33 LIGHTS @ 2 0 111.000.68.542.63.47.00 378.8 o 202620415 MATHAY BALLINGER PARK IRRIGA �a MATHAY BALLINGER PARK IRRIGA o L 001.000.64.576.80.47.00 17.1, a 204714893 STREET LIGHTING (1 LIGHT @ 150' Q STREET LIGHTING (1 LIGHT @ 150' .. 111.000.68.542.63.47.00 5.1, N 204714927 STREET LIGHTING (19 LIGHTS @ 2 T STREET LIGHTING (19 LIGHTS @ 2 c 111.000.68.542.63.47.00 120.0' N 204714935 STREET LIGHTING (5 LIGHTS @ 40 E STREET LIGHTING (5 LIGHTS @ 40 �a 111.000.68.542.63.47.00 60.0( a ; 204714943 STREET LIGHTING (4 LIGHTS @ 10 y STREET LIGHTING (4 LIGHTS @ 10 E 111.000.68.542.63.47.00 15.2E U 204714950 STREET LIGHTING (12 LIGHTS @ 2 r STREET LIGHTING (12 LIGHTS @ 2 Q 111.000.68.542.63.47.00 95.5' 205307580 DECORATIVE & STREET LIGHTING DECORATIVE & STREET LIGHTING 111.000.68.542.64.47.00 232.1 £ 220547582 TRAFFIC LIGHT SR104 @ 95TH AVE TRAFFIC LIGHT SR104 @ 95TH AVE 111.000.68.542.63.47.00 41.1 , 220792758 TRAFFIC LIGHT 22730 HWY 99 - ME Page: 35 Packet Pg. 64 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245820 1/14/2021 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice (Continued) 221593742 222398059 222721177 222818874 245821 1/14/2021 075292 SNOHOMISH CO AUDITOR'S OFFICE Wells, Ashley 245822 1/14/2021 075292 SNOHOMISH COAUDITOR'S OFFICE Powell, Kelly 245823 1/14/2021 006630 SNOHOMISH COUNTY 78378 245824 1/14/2021 038300 SOUND DISPOSALCO 104757 174980 7.2.a Page: 36 PO # Description/Account Amoun TRAFFIC LIGHT 22730 HWY 99 - ME 111.000.68.542.64.47.00 79.0 TRAFFIC LIGHT 21132 76TH AVE W TRAFFIC LIGHT 21132 76TH AVE W 111.000.68.542.64.47.00 105.6( SIGNAL CABINET 22730 HIGHWAY' SIGNAL CABINET 22730 HIGHWAY' E 111.000.68.542.64.47.00 100.7' STORMWATER PUMP STATION - 51 STORMWATER LIFT STATION - 51 V o 422.000.72.531.90.47.00 32.2( STREET LIGHTING 115 2ND AVE S / STREET LIGHTING 115 2ND AVE S / L a 111.000.68.542.63.47.00 27.0, Q Total : 20,704.6( N ACCESSORY DWELLING UNIT COb accessory dwelling unit covenant: T 001.000.25.514.30.49.00 103.5( N Total: 103.5( E .R CRITICAL AREA NOTICE FOR PLAN critical area notice: kelly & erin 001.000.25.514.30.49.00 106.5( E Total: 106.5( �a PARKS MAINT 5005 DUMP FEES Q PARKS MAINT DUMP FEES 001.000.64.576.80.47.00 646.0( Total : 646.0( WWTP: ADDL 11/2020 ROLLOFF ADDL 11/2020 ROLLOFF 423.000.76.535.80.47.65 910.3,' WWTP: 12/2020 RECYCLING Page: 36 Packet Pg. 65 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 245824 1/14/2021 038300 SOUND DISPOSAL CO (Continued) 12/2020 RECYCLING 423.000.76.535.80.47.66 175899 WWTP: 12/2020 ROLLOFF 12/2020 ROLLOFF 423.000.76.535.80.47.65 Tota I : 245825 1/14/2021 038410 SOUND SAFETY PRODUCTS 101180/4 FAC MAINT - WORK WEAR S. MILLI FAC MAINT - WORK WEAR S. MILLI 001.000.66.518.30.24.00 10.4% Sales Tax 001.000.66.518.30.24.00 99634/4 STORM - WORK WEAR JOHNSON STORM - WORK WEAR JOHNSON 422.000.72.531.90.24.00 10.4% Sales Tax 422.000.72.531.90.24.00 99858/4 WATER - WORK WEAR J. KOBYLK WATER - WORK WEAR J. KOBYLK 421.000.74.534.80.24.00 10.4% Sales Tax 421.000.74.534.80.24.00 Tota I : 245826 1/14/2021 076114 SOUND SALMON SOLUTIONS 1344 EDMONDS FOREST STEWARDS Sl EDMONDS FOREST STEWARDS St 001.000.64.571.21.41.00 Total 245827 1/14/2021 040917 TACOMA SCREW PRODUCTS INC 18296902 FLEET - PARTS/ SUPPLIES FLEET - PARTS/ SUPPLIES 511.000.77.548.68.31.20 10.4% Sales Tax 511.000.77.548.68.31.20 18297239 PM SUPPLIES: SCREWS, WASHER 7.2.a Page: 37 Page: 37 Packet Pg. 66 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245827 1/14/2021 040917 TACOMA SCREW PRODUCTS INC Voucher List City of Edmonds Invoice (Continued) 245828 1/14/2021 071104 TERESA WIPPEL COMMUNICATIONS 000077 245829 1/14/2021 027269 THE PART WORKS INC 245830 1/14/2021 038315 THYSSENKRUPP ELEVATOR I N V63283 US53323 245831 1/14/2021 044960 UTILITIES UNDERGROUND LOC CTR 0120141 245832 1/14/2021 067865 VERIZON WIRELESS 9870277328 7.2.a Page: 38 PO # Description/Account Amoun PM SUPPLIES: SCREWS, WASHER 001.000.64.576.80.31.00 52.6� 10.4% Sales Tax 001.000.64.576.80.31.00 5.4E � Total: 457.01 PM: CEMETERY ADVERTISING t U PM: CEMETERY ADVERTISING: JAI` E M 130.000.64.536.20.41.40 800.0( Z Total: 800.0E o PM SUPPLIES: FAUCETS, MVP ACT 'R o PM SUPPLIES: FAUCETS, MVP ACT Q. 001.000.64.576.80.31.00 799.8, Q 10.4% Sales Tax 001.000.64.576.80.31.00 83.1 � N Total : 883.0E le r ELEVATOR MAINTENANCE CITY HP c ELEVATOR MAINTENANCE CITY HP N E 001.000.66.518.30.48.00 1,481.0< 10.4% Sales Tax 001.000.66.518.30.48.00 154.6E Total : 1,641.6E t UTILITIES UNDERGROUND LOCATI @ UTILITIES UNDERGROUND LOCATI Q 421.000.74.534.80.41.00 86.8E UTILITIES UNDERGROUND LOCATI 422.000.72.531.90.41.00 86.8( UTILITIES UNDERGROUND LOCATI 423.000.75.535.80.41.00 86.8E Total : 260.51 C/A 442201730-00001 Page: 38 Packet Pg. 67 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 39 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245832 1/14/2021 067865 VERIZON WIRELESS (Continued) iPad Cell Service Mayor's Office 001.000.21.513.10.42.00 35.1 , Total: 35.1, 245833 1/14/2021 067195 WASHINGTON TREE EXPERTS 120-669 STREET - 835 PINE STREET REMO' N STREET - 835 PINE STREET REMO' t 111.000.68.542.71.48.00 620.0( U E 10.4% Sales Tax 111.000.68.542.71.48.00 64.4£ Z 120-670 STREET - 22420 93RD PL W REMO` o STREET - 22420 93RD PL W REMO` 111.000.68.542.71.48.00 1,475.0( p 10.4% Sales Tax Q. 111.000.68.542.71.48.00 153.4- Q Total : 2,312.85 N 245834 1/14/2021 026510 WCIA 14876 2021 LIABILITY/PROGRAM ASSESS 2021 Liability/Program Assessment T 001.000.39.518.90.46.00 405,120.9E D 2021 Liability/Program Assessment E 111.000.68.542.90.46.00 148,533.0z T 2021 Liability/Program Assessment 421.000.74.534.80.46.00 98,196.1, 2021 Liability/Program Assessment E 422.000.72.531.90.46.00 66,227.9z U 2021 Liability/Program Assessment f° r 423.000.75.535.80.46.00 52,000.5z Q 2021 Liability/Program Assessment 423.000.76.535.80.46.00 110,850.8 , 2021 Liability/Program Assessment 511.000.77.548.68.46.00 39,334.4£ Total: 920,264.0( 245835 1/14/2021 075635 WCP SOLUTIONS 12080396 FAC MAINT - SUPPLIES FAC MAINT - SUPPLIES Page: 39 Packet Pg. 68 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 245835 1/14/2021 075635 WCP SOLUTIONS (Continued) 001.000.66.518.30.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 Total 245836 1/14/2021 073552 WELCO SALES LLC 7928 INV 7928 - EDMONDS PD PRINT B/C MORRISON&SAUNDER; 001.000.41.521.10.31.00 PRINT B/C KINNEY & HARDWICK 001.000.41.521.10.31.00 PRINT B/C SPEER & STANLEY 001.000.41.521.10.31.00 PRINT B/C RT SMITH & BORST 001.000.41.521.10.31.00 8 NEW B/C SET UP'S 001.000.41.521.10.31.00 10.4% Sales Tax 001.000.41.521.10.31.00 7929 BUS. CARDS FOR FINANCE business cards for finance director 001.000.31.514.20.31.00 10.4% Sales Tax 001.000.31.514.20.31.00 Total 245837 1/14/2021 074609 WEST COAST ARMORY NORTH 2O96293 INV 2096293 - EDMONDS PD DEC 2020 RANGE FEES 001.000.41.521.40.41.00 10.4% Sales Tax 001.000.41.521.40.41.00 Tota I : 245838 1/14/2021 069691 WESTERN SYSTEMS 0000045494 EOAC-1048: ANCHOR BOLTS FOR F EOAC-1048: ANCHOR BOLTS FOR F 112.000.68.595.33.65.00 7.2.a Page: 40 Page: 40 Packet Pg. 69 vchlist 01 /14/2021 2:00:16PM Voucher List City of Edmonds 7.2.a Page: 41 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 245838 1/14/2021 069691 WESTERN SYSTEMS (Continued) Freight 112.000.68.595.33.65.00 8.7, 10.4% Sales Tax -71 112.000.68.595.33.65.00 5.6E u) 0000045620 TRAFFIC - RRFB'S FOR STOCK TRAFFIC - RRFB'S FOR STOCK m 111.000.68.542.64.31.00 7,621.1( E Freight 111.000.68.542.64.31.00 _R 120.0' U 10.4% Sales Tax o 111.000.68.542.64.31.00 805.0 1 > Total: 8,606.2° o Q. 245839 1/14/2021 077380 WG CLARK CONSTRUCTION CO E7MA.Pmt 10 E7MA.PMT 10 THRU 11/30/20 °" a E7MA.Pmt 10 thru 11/30/20 .. 332.000.64.594.76.65.00 143,457.1 E N E7MA.Pmt 10 thru 11/30/20 T 126.000.64.594.76.65.00 80,839.4, c E7MA.Pmt 10 thru 11/30/20 y 125.000.64.594.76.65.00 121,466.6' .E Total: 345,763.21 245840 1/14/2021 073739 WH PACIFIC INC 195068 EBCC.SERVICES THRU 12/31/20 c EBCC.Services thru 12/31/20 E E 112.000.68.542.30.41.00 217.3E U EBCC.Services thru 12/31/20 f° 126.000.68.542.30.41.00 r 84.1 E a EBCC.Services thru 12/31/20 422.000.72.542.30.41.00 143.8E Total : 445.4: 245841 1/14/2021 076325 WOOTEN, COURTNEY 12312020 Wooten DIVERSITY COMMISSION - RACIAL Diversity Commission - Racial Equity 001.000.61.557.20.41.00 520.0( Page: 41 Packet Pg. 70 vchlist 01 /14/2021 2:00:16PM Bank code : usbank Voucher Date Vendor 245841 1/14/2021 076325 076325 WOOTEN, COURTNEY 245842 1/14/2021 011900 ZIPLY FIBER Voucher List City of Edmonds 7.2.a Page: 42 Invoice PO # Description/Account Amoun (Continued) Total : 520.0( 206-188-0247 TELEMETRY MASTER SUMMARY A, TELEMETRY MASTER SUMMARY A, 421.000.74.534.80.42.00 271.7- ui TELEMETRY MASTER SUMMARY A, 423.000.75.535.80.42.00 271.7( 253-011-1177 PUBLIC WORKS OMC RADIO LINE U PUBLIC WORKS OMC RADIO LINE' E 001.000.65.518.20.42.00 6.4' PUBLIC WORKS OMC RADIO LINE' o 111.000.68.542.90.42.00 24.4< -R PUBLIC WORKS OMC RADIO LINE' 0 421.000.74.534.80.42.00 24.4< Q. PUBLIC WORKS OMC RADIO LINE' a 423.000.75.535.80.42.00 24.4< .. PUBLIC WORKS OMC RADIO LINE' 511.000.77.548.68.42.00 24.4' r PUBLIC WORKS OMC RADIO LINE' 422.000.72.531.90.42.00 0 24.4' N 425-745-4313 CLUBHOUSE ALARM LINES 6801 M E CLUBHOUSE FIRE AND INTRUSION 001.000.66.518.30.42.00 141.1 < 425-774-1031 LIFT STATION #8 VG SPECIAL ACCI LIFT STATION #8 TWO VOICE GRAI m E 423.000.75.535.80.42.00 47.5( U 425-775-7865 UTILITY BILLING RADIO LINE r UTILITY BILLING RADIO LINE TO FI' a 421.000.74.534.80.42.00 72.9" 425-776-1281 SNO-ISLE LIBRARY ELEVATOR PH( SNO-ISLE LIBRARY ELEVATOR PH( 001.000.66.518.30.42.00 60.0E 425-776-2742 LIFT STATION #7 VG SPECIAL ACCI LIFT STATION #7 VG SPECIAL ACCI 423.000.75.535.80.42.00 26.4, 425-776-5316 425-776-5316 PARKS MAINT FAX LII Page: 42 Packet Pg. 71 vchlist 01 /14/2021 2:00:16PM Bank code: usbank Voucher Date Vendor 245842 1/14/2021 011900 ZIPLY FIBER 108 Vouchers for bank code : usbank 108 Vouchers in this report Voucher List City of Edmonds 7.2.a Page: 43 Invoice PO # Description/Account Amoun (Continued) 425-776-5316 PARKS MAINT FAX LII 001.000.64.576.80.42.00 114.3z Total : 1,134.3! , N Bank total : 3,942,870.6z m t Total vouchers : 3,942,870.6z u E M 0 �a 0 L Q a N T 0 E M E M V a.+ a Page: 43 Packet Pg. 72 7.2.b PROJECT NUMBERS (By Project Title) Proiect Engineering Accounting Proiect Funding Proiect Title Number Number STM 174th St. & 71st Ave Storm Improvements c521 EBFB WTR 2017 Waterline Replacement Projects i014 E6J13 STM 2018 Lorian Woods Study s018 EBFA SWR 2018 Sewerline Replacement Project c492 E6GC WTR 2018 Waterline Replacement Project c493 E6JC STIR 2019 Downtown Parking Study s021 E9AC STIR 2019 Guardrail Install i039 E9AB STIR 2019 Overlay Program i036 E9CA N STIR 2019 Pedestrian Safety Program i041 E9DB v SWR 2019 Sewerline Replacement Project c516 EBGA U E STM 2019 Storm Maintenance Project c525 EBFC tv v WTR 2019 Swedish Waterline Replacement c523 EBJA STIR 2019 Traffic Calming i038 E9AA STIR 2019 Traffic Signal Upgrades i045 E9AD 0 >Z UTILITIES 2019 Utility Rate & GFC Update s020 EBJB Q- Q WTR 2019 Waterline Overlay i043 E9CB v WTR 2019 Waterline Replacement c498 E7JA N STIR 2020 Guardrail Installations i046 EOAA 0 STIR 2020 Overlay Program i042 EOCA N L STIR 2020 Pedestrian Safety Program i049 EODB STIR 2020 Pedestrian Task Force s024 EODA Z STIR 2020 Traffic Calming i048 EOAC p L STIR 2020 Traffic Signal Upgrades i047 EOAB IL a� STIR 2020 Waterline Overlay i053 EOCC STIR 2021 Overlay Program i051 E21 CA 2' c STIR 220th Adaptive i028 EBAB STIR 228th St. SW Corridor Improvements i005 E7ACLL m STIR 238th St. Island & Misc. Ramps i037 EBDC STIR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB E STIR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA t c� STIR 76th Ave Overlay (196th St. to OVD) i052 E20CB Q STIR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA STIR 76th Ave W at 212th St SW Intersection Improvements c368 E1 CA STIR 84th Ave W Overlay from 220th to 212th i031 EBCC STIR 89th PI W Retaining Wall i025 E7CD STIR ADA Curb Ramps i033 EBDB STIR Admiral Way Pedestrian Crossing i040 E9DA STIR Audible Pedestrian Signals i024 E7AB STM Ballinger Regional Facility Pre -Design s022 E9FA STIR Bikelink Project c474 ESDA STIR Citywide Bicycle Improvements Project i050 EODC SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB Revised 1/14/2021 Packet Pg. 73 7.2.b PROJECT NUMBERS (By Project Title) Proiect Engineering Accounting Proiect Funding Proiect Title Number Number STIR Citywide Pedestrian Crossing Enhancements i026 E7DC STIR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB PRK Civic Center Playfield (Construction) c551 EOMA PRK Civic Center Playfield (Design) c536 EOMA WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB STM Dayton Street Stormwater Pump Station c455 E41FE FAC Edmonds Fishing Pier Rehab c443 E4MB STIR Edmonds Street Waterfront Connector c478 ESDB WTR Five Corners Reservoir Re -coating c473 ESKA PM Fourth Avenue Cultural Corridor c282 EBMA STIR Hwy 99 Gateway Revitalization s014 E6AA STM Lake Ballinger Associated Projects c436 E4FD SWR Lake Ballinger Trunk Sewer Study s0l l ESGB SWR Lift Station #1 Basin & Flow Study c461 E4GC STIR Minor Sidewalk Program i017 E6DD STM NPDES (Students Saving Salmon) m013 E7FG GF Official Street Map & Sidewalk Plan Update s025 EONA STM OVD Slope Repair & Stabilization m105 E71FA STM Perrinville Creek Flow Reduction Improvements c552 E20FC WTR Phase 11 Annual Water Utility Replacement Project c549 EOJA STM Phase 2 Annual Storm Utility Replacement Project c547 EOFB SWR Phase 8 Annual Sewer Replacement Project c548 EOGA FAC PW Concrete Regrade & Drainage South c502 E9MA STM Seaview Park Infiltration Facility c479 ESFD STM Seaview Park Infiltration Facility Phase 2 c546 EOFA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA STIR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) i055 E20CE UTILITIES Standard Details Updates solo ESNA STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Stormwater Comp Plan Update s017 E6FD STIR Sunset Walkway Improvements c354 E1 DA STIR Trackside Warning System c470 ESAA STIR Walnut St. Walkway (3rd-4th) i044 E9DC PRK Waterfront Development & Restoration (Construction) c544 E7MA PRK Waterfront Development & Restoration (Design) c496 E7MA PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC WWTP WWTP Outfall Pipe Modifications c481 ESHA WTR Yost & Seaview Reservoir Assessment s026 EOJB Q Revised 1/14/2021 Packet Pg. 74 7.2.b PROJECT NUMBERS (By Engineering Number) Engineering Protect Project Accounting Funding Number Number ProiectTitle i046 2020 Guardrail Installations STIR EOAB i047 2020 Traffic Signal Upgrades STIR i048 2020 Traffic Calming STIR EOCA i042 2020 Overlay Program i053 2020 Waterline Overlay STIR EODA s024 2020 Pedestrian Task Force STIR i049 2020 Pedestrian Safety Program STIR EODC i050 Citywide Bicycle Improvements Project c546 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project c548 Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project s026 Yost & Seaview Reservoir Assessment PRK EOMA c551 Civic Center Playfield (Construction) c536 Civic Center Playfield (Design) GF EONA s025 Official Street Map & Sidewalk Plan Update c368 76th Ave W at 212th St SW Intersection Improvements STIR E1 DA c354 Sunset Walkway Improvements E20CB i052 76th Ave Overlay (196th St. to OVD) STIR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) c552 Perrinville Creek Flow Reduction Improvements STIR E21CA i051 2021 Overlay Program 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration 'IW E4FD c436 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station IKSWR E4GC c461 Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring Ir FAC E4MB c443 Edmonds Fishing Pier Rehab STIR ESAA c470 Trackside Warning System o STIR ESDA c474 Bikelink Project STIR ESDB c478 Edmonds Street Waterfront Connector STM ESFD c479 Seaview Park Infiltration Facility SWR ESGB s011 Lake Ballinger Trunk Sewer Study WWTP Outfall Pipe Modifications WTR ESJB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) Five Corners Reservoir Re -coating UTILITIES ESNA solo Standard Details Updates Hwy 99 Gateway Revitalizatio STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion 238th St. SW Walkway (Edmonds Way to Hwy 99) STIR E6DD i017 Minor Sidewalk Program a Revised 1/14/2021 Packet Pg. 75 7.2.b PROJECT NUMBERS (By Engineering Number) Engineering Protect Project Accounting Funding Number Number ProiectTitle Stormwater Comp Plan Update SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II NEIV2018 Sewerline Replacement Project WTR E6JB i014 —loffr2018 2017 Waterline Replacement Projects E6JC Waterline Replacement Project STIR E7AB i024 Audible Pedestrian Signals STIR i005 228th St. SW Corridor Improvements STIR E7CD i025 89th PI W Retaining Wall STIR i026 Citywide Pedestrian Crossing Enhancements STM E7FA m105 OVD Slope Repair & Stabilization E c495 Storm Drain Improvements @ 9510 232nd St. SW M v STM E7FG m013 NPDES (Students Saving Salmon) — 2019 Waterline Replacement PRK E7MA c544 Waterfront Development & Restoration (Construction) o Waterfront Development & Restoration (Design) CL Q- a PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) i028 220th Adaptive NNW N STIR E8CA i029 76th Ave W & 220th St. SW Intersection Improvements T r 0 i031 84th Ave W Overlay from 220th to 212t L STIR E8DB i033 ADA Curb Ramps E8DC i037 238th St. Island & Misc. Ramps Z STM E8FA s018 2018 Lorian Woods Study o c521 174th St. & 71 st Ave Storm Improvements 'aa a� STM E8FC c525 2019 Storm Maintenance Project rn c516 2019 Sewerline Replacement Project—>', c WTR E8JA c523 2019 Swedish Waterline Replacement s020 2019 Utility Rate & GFC Updat a i PM E8MA c282 Fourth Avenue Cultural Corridor u_ E9AA i038 2019 Traffic Calming c STIR E9AB i039 2019 Guardrail Install E9AC s021 2019 Downtown Parking Study Q STIR E9AD i045 2019 Traffic Signal Upgrades E9CA i036 2019 Overlay Program WTR E9CB i043 2019 Waterline Overlay i040 Admiral Way Pedestrian Crossing STIR E9DB i041 2019 Pedestrian Safety Program Walnut St. Walkway (3rd-4th) STM E9FA s022 Ballinger Regional Facility Pre -Design c502 PW Concrete Regrade & Drainage South Revised 1/14/2021 Packet Pg. 76 7.2.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Protect Accounting Funding Number Number Protect Title PM EBMA c282 Fourth Avenue Cultural Corridor STIR E1 DA c354 Sunset Walkway Improvements STIR ElCA c368 76th Ave W at 212th St SW Intersection Improvements STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 Lake Ballinger Associated Projects FAC E4MB c443 Edmonds Fishing Pier Rehab WWTP E4HA c446 Sewer Outfall Groundwater Monitoring N STM E4FE c455 Dayton Street Stormwater Pump Station v SWR E4GC c461 Lift Station #1 Basin & Flow Study U E STIR ESAA c470 Trackside Warning System tv v WTR ESKA c473 Five Corners Reservoir Re -coating STIR ESDA c474 Bikelink Project R STIR ESDB c478 Edmonds Street Waterfront Connector 0 >Z STM ESFD c479 Seaview Park Infiltration Facility Q- Q v WWTP ESHA c481 WWTP Outfall Pipe Modifications WTR ESJB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) N STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) 0 SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II i SWR E6GC c492 2018 Sewerline Replacement Project E WTR E6JC c493 2018 Waterline Replacement Project Z STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SWIL o PRK E7MA c496 Waterfront Development & Restoration (Design) a� WTR E7JA c498 2019 Waterline Replacement N FAC E9MA c502 PW Concrete Regrade & Drainage South 2' c SWR EBGA c516 2019 Sewerline Replacement Project STM EBFB c521 174th St. & 71 st Ave Storm Improvements L WTR EBJA c523 2019 Swedish Waterline Replacement u_ STM EBFC c525 2019 Storm Maintenance Project c PRK EOMA c536 Civic Center Playfield (Design) c� PRK E7MA c544 Waterfront Development & Restoration (Construction) Q STM EOFA c546 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project SWR EOGA c548 Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project PRK EOMA c551 Civic Center Playfield (Construction) STM E20FC c552 Perrinville Creek Flow Reduction Improvements STIR E7AC i005 228th St. SW Corridor Improvements WTR E6JB i014 2017 Waterline Replacement Projects STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STIR E6DD i017 Minor Sidewalk Program STIR E7AB i024 Audible Pedestrian Signals Revised 1/14/2021 Packet Pg. 77 7.2.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Protect Accounting Funding Number Number Protect Title STIR E7CD i025 89th PI W Retaining Wall STIR E7DC i026 Citywide Pedestrian Crossing Enhancements STIR EBAB i028 220th Adaptive STIR EBCA i029 76th Ave W & 220th St. SW Intersection Improvements STIR EBCC i031 84th Ave W Overlay from 220th to 212th STIR EBDB i033 ADA Curb Ramps STIR E9CA i036 2019 Overlay Program STIR EBDC i037 238th St. Island & Misc. Ramps STIR E9AA i038 2019 Traffic Calming STIR E9AB i039 2019 Guardrail Install STIR E9DA i040 Admiral Way Pedestrian Crossing STIR E9DB i041 2019 Pedestrian Safety Program STIR EOCA i042 2020 Overlay Program WTR E9CB i043 2019 Waterline Overlay STIR E9DC i044 Walnut St. Walkway (3rd-4th) STIR E9AD i045 2019 Traffic Signal Upgrades STIR EOAA i046 2020 Guardrail Installations STIR EOAB i047 2020 Traffic Signal Upgrades STIR EOAC i048 2020 Traffic Calming STIR EODB i049 2020 Pedestrian Safety Program STIR EODC i050 Citywide Bicycle Improvements Project STIR E21 CA i051 2021 Overlay Program STIR E20CB i052 76th Ave Overlay (196th St. to OVD) STIR EOCC i053 2020 Waterline Overlay STIR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) STM E7FG m013 NPDES (Students Saving Salmon) PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) STM E7FA m105 OVD Slope Repair & Stabilization UTILITIES ESNA solo Standard Details Updates SWR ESGB s0l l Lake Ballinger Trunk Sewer Study STIR E6AA s014 Hwy 99 Gateway Revitalization STM E6FD s017 Stormwater Comp Plan Update STM EBFA s018 2018 Lorian Woods Study UTILITIES EBJB s020 2019 Utility Rate & GFC Update STIR E9AC s021 2019 Downtown Parking Study STM E9FA s022 Ballinger Regional Facility Pre -Design STIR EODA s024 2020 Pedestrian Task Force GF EONA s025 Official Street Map & Sidewalk Plan Update WTR EOJB s026 Yost & Seaview Reservoir Assessment Q Revised 1/14/2021 Packet Pg. 78 7.2.b PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number FAC Edmonds Fishing Pier Rehab c443 E4MB FAC PW Concrete Regrade & Drainage South c502 E9MA GF Official Street Map & Sidewalk Plan Update s025 EONA PM Fourth Avenue Cultural Corridor c282 EBMA PRK Civic Center Playfield (Construction) c551 EOMA PRK Civic Center Playfield (Design) c536 EOMA PRK Waterfront Development & Restoration (Construction) c544 E7MA PRK Waterfront Development & Restoration (Design) c496 E7MA PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA STM 174th St. & 71st Ave Storm Improvements c521 EBFB STM 2018 Lorian Woods Study s018 EBFA STM 2019 Storm Maintenance Project c525 EBFC STM Ballinger Regional Facility Pre -Design s022 E91FA STM Dayton Street Stormwater Pump Station c455 E41FE STM Lake Ballinger Associated Projects c436 E4FD STM NPDES (Students Saving Salmon) m013 E7FG STM OVD Slope Repair & Stabilization m105 E71FA STM Perrinville Creek Flow Reduction Improvements c552 E20FC STM Phase 2 Annual Storm Utility Replacement Project c547 EOFB STM Seaview Park Infiltration Facility c479 ESFD STM Seaview Park Infiltration Facility Phase 2 c546 EOFA STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Stormwater Comp Plan Update s017 E6FD STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STR 2019 Downtown Parking Study s021 E9AC STR 2019 Guardrail Install i039 E9AB STR 2019 Overlay Program i036 E9CA STR 2019 Pedestrian Safety Program i041 E9DB STR 2019 Traffic Calming i038 E9AA STR 2019 Traffic Signal Upgrades i045 E9AD STR 2020 Guardrail Installations i046 EOAA STR 2020 Overlay Program i042 EOCA STR 2020 Pedestrian Safety Program i049 EODB STR 2020 Pedestrian Task Force s024 EODA STR 2020 Traffic Calming i048 EOAC STR 2020 Traffic Signal Upgrades i047 EOAB STR 2021 Overlay Program i051 E21 CA STR 228th St. SW Corridor Improvements i005 E7AC STR 238th St. Island & Misc. Ramps i037 EBDC STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA Q Revised 1/14/2021 Packet Pg. 79 7.2.b PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number STIR 76th Ave Overlay (196th St. to OVD) i052 E20CB STIR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA STIR 76th Ave W at 212th St SW Intersection Improvements c368 E1 CA STIR 84th Ave W Overlay from 220th to 212th i031 EBCC STIR 89th PI W Retaining Wall i025 E7CD STIR ADA Curb Ramps i033 EBDB STIR Admiral Way Pedestrian Crossing i040 E9DA STIR Audible Pedestrian Signals i024 E7AB STIR Bikelink Project c474 ESDA STIR Citywide Bicycle Improvements Project i050 EODC STIR Citywide Pedestrian Crossing Enhancements i026 E7DC STIR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB STIR Edmonds Street Waterfront Connector c478 ESDB STIR Hwy 99 Gateway Revitalization s014 E6AA STIR Minor Sidewalk Program i017 E6DD STIR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) i055 E20CE STIR Sunset Walkway Improvements c354 E1 DA STIR Trackside Warning System c470 ESAA STIR Walnut St. Walkway (3rd-4th) i044 E9DC STIR 2020 Waterline Overlay i053 EOCC STIR 220th Adaptive i028 EBAB SWR 2018 Sewerline Replacement Project c492 E6GC SWR 2019 Sewerline Replacement Project c516 EBGA SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study s0l l ESGB SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR Phase 8 Annual Sewer Replacement Project c548 EOGA UTILITIES 2019 Utility Rate & GFC Update s020 EBJB UTILITIES Standard Details Updates solo ESNA WTR 2017 Waterline Replacement Projects i014 E6JB WTR 2018 Waterline Replacement Project c493 E6JC WTR 2019 Swedish Waterline Replacement c523 EBJA WTR 2019 Waterline Overlay i043 E9CB WTR 2019 Waterline Replacement c498 E7JA WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB WTR Five Corners Reservoir Re -coating c473 ESKA WTR Phase 11 Annual Water Utility Replacement Project c549 EOJA WTR Yost & Seaview Reservoir Assessment s026 EOJB WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 ESHA Q Revised 1/14/2021 Packet Pg. 80 7.3 City Council Agenda Item Meeting Date: 01/19/2021 Arts Commission Candidate Appointment Staff Lead: Frances Chapin Department: Mayor's Office Preparer: Carolyn LaFave Background/History Mayor Nelson has interviewed candidate Richard Chung for appointment to open position #1 of the Arts Commission. Staff Recommendation Confirm appointment of Richard Chung to the Arts Commission, Position #3 - General. Narrative With his huge interest in supporting the arts, his experience on previous boards, and his strong sense of community involvement, Richard will be an asset to the Arts Commission. Packet Pg. 81 7.4 City Council Agenda Item Meeting Date: 01/19/2021 November 2020 Monthly Financial Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation No action needed; informational only. Narrative November 2020 Monthly Financial Report Attachments: November 2020 Monthly Financial Report Packet Pg. 82 I 7.4.a I OF EDP � d lac. 1 $9v CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT NOVEMBER 2020 Packet Pg. 83 1 I 7.4.a I Page 1 of 1 C FIY OF EDMO NDS REVENUES BY FUND - SUMMARY Fund 2020 Amended 11/30/2019 11/30/2020 Amount No. Title Budget Revenues Revenues Remaining %Receive, 001 GENERAL FUND $ 43,803,858 $ 44,646,255 $ 39,391,635 $ 4,412,223 90 009 LEOFF-MEDICAL INS. RESERVE 437,980 425,000 425,000 12,980 97 011 RISK MANAGEMENT RESERVE FUND - - - - 0 012 CONTINGENCY RESERVE FUND 56,140 30,905 56,140 0 014 HISTORIC PRESERVATION GIFT FUND 017 MARSH RESTORATION & PRESERVATION FUND 104 DRUG ENFORCEMENT FUND 111 STREET FUND 112 COMBINED STREET CONST/IMPROVE 117 MUNICIPAL ARTS ACQUIS. FUND 118 MEMORIAL STREET TREE 120 HOTEL/MOTEL TAX REVENUE FUND 121 EMPLOYEE PARKING PERMIT FUND 122 YOUTH SCHOLARSHIP FUND 123 TOURISM PROMOTIONAL FUND/ARTS 125 REAL ESTATE EXCISE TAX 2 126 REAL ESTATE EXCISE TAX 1 127 GIFTS CATALOG FUND 130 CEMETERY MAINTENANCE/IMPROVEMT 136 PARKS TRUST FUND 137 CEMETERY MAINTENANCE TRUST FD 138 SISTER CITY COMMISSION 140 BUSINESS IMPROVEMENT DISTRICT 141 AFFORDABLE AND SUPPORTIVE HOUSING FUND 142 EDMONDS CARES FUND 211 L.I.D. FUND CONTROL 231 2012 LT GO DEBT SERVICE FUND 332 PARKS CAPITAL CONSTRUCTION FUND 1 411 COMBINED UTILITY OPERATION 421 WATER UTILITY FUND 422 STORM UTILITY FUND 2 423 SEWER/WWTP UTILITY FUND 3 424 BOND RESERVE FUND 511 EQUIPMENT RENTAL FUND 512 TECHNOLOGY RENTAL FUND 617 FIREMEN'S PENSION FUND 5,230 165,390 1,912,768 2,841,881 263,576 750 98,630 27,270 1,790 34,450 1,436,090 1,453,520 145,050 184,610 5,000 555,312 38,898 1,767,862 1,983,030 108,756 648 94,942 15,303 930 31,979 1,432,948 1,446,566 113,229 224,455 5,000 100 64,489 1,785,348 1,764,428 77,685 474 59,639 12,345 619 20,508 1,556,231 1,550,006 54,658 115,851 230 (100) 100,902 127,420 1,077,453 185,891 276 38,991 14,925 1,171 13,942 (120,141) (96,486) 90,392 68,759 96 C O 0 a d 39 O 93 C 62 29 LL 63 t r� 60 p 45 0 35 0 N 60 CD 108 £ 107 > O 38 Z 63 1= 6,390 5,383 3,906 2,484 61 54,210 53,774 37,560 16,650 69 10,380 8,801 270 10,110 3 79,209 83,968 73,211 5,998 92 - - 64,783 (64,783) 0 1,897,650 - 814,793 1,082,857 43 12,400 30,893 - 12,400 0 738,400 437,184 452,588 285,812 61 9,638,306 4,513,317 1,405,339 8,232,967 15 - 128,912 32,085 (32,085) 0 11,116,270 9,277,084 9,392,901 1,723,369 84 6,720,466 4,917,463 5,311,534 1,408,932 79 25,261,935 12,818,809 29,789,152 (4,527,217) 118 1,988,100 625,605 616,553 1,371,547 31 1,746,160 1,707,959 1,676,467 69,693 96 1,202,963 1,016,278 1,166,903 36,060 97 72,620 54,431 55,001 17,619 76 $ 113,414,442 $ 88,601,880 $ 97,777,063 $ 15,637,379 86 Difference primarily due to the Edmonds Waterfront Development Grant received in July of 2020. 2 Difference primarily due to a 9.5%increase in storm rate. 3 Differences primarily due to $13.910 bond proceeds received in November of 2020, as well as WWTP billings to their partners. 1 Packet Pg. 84 1 I 7.4.a I Page 1 of l C ITY O F EDMO NDS EXPENDITURES BY FUND - SUMMARY Fund 2020 Amended 11/30/2019 11/30/2020 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 49,044,056 $ 38,835,500 $ 38,995,588 $ 10,048,468 800/ 009 LEOFF-MEDICAL INS. RESERVE 467,140 359,126 231,889 235,251 50° 011 RISK MANAGEMENT RESERVE FUND - 931,523 - 00 012 CONTINGENCY RESERVE FUND - 3,835,827 - - 00 014 HISTORIC PRESERVATION GIFT FUND 5,900 5,533 - 5,900 00 018 EDMONDS HOMELESSNESS RESPONSE FUND 100,000 1,862 - 100,000 0° Q. 019 EDMONDSOPIOID RESPONSE FUND 21,555 200,000 21,555 - d 100° 104 DRUG ENFORCEMENT FUND 45,800 - 30,332 15,468 660/ t� 111 STREET FUND 2,199,717 1,757,213 1,859,996 339,721 850/ C 112 COMBINED STREET CONST/IMPROVE 2,811,463 1,538,558 1,064,847 1,746,616 3M j,i 117 MUNICIPAL ARTS ACQUIS. FUND 243,880 54,009 30,367 213,513 120/ 120 HOTEL/MOTEL TAX REVENUE FUND 128,250 66,525 50,215 78,035 r� 390/ C 121 EMPLOYEE PARKING PERMIT FUND 26,880 591 632 26,248 2° 2 0 122 YOUTH SCHOLARSHIP FUND 3,000 2,768 450 2,550 150, C 123 TOURISM PROMOTIONAL FUND/ARTS 33,900 15,274 10,399 23,501 31cm° N 125 REAL ESTATE EXCISE TAX 2 3,610,520 1,212,769 1,485,522 2,124,998 410/ 126 REAL ESTATE EXCISE TAX 1 3,401,093 1,316,452 1,456,999 1,944,094 430/ > 127 GIFTSCATALOGFUND 113,782 68,389 87,751 26,031 770, Z 130 CEMETERY MAINTENANCE/IMPROVEMT 195,787 175,728 165,679 30,108 850/ r- 136 PARKS TRUST FUND - 4,935 - - 00 O CL 138 SISTER CITY COMMISSION 11,900 6,851 11 11,889 O 00/ 140 BUSINESS IMPROVEMENT DISTRICT 80,510 80,787 50,200 30,310 62° •v 142 EDMONDS CARES FUND 1,897,650 - 1,698,013 199,637 890 C 211 L.I.D. FUND CONTROL 12,400 30,905 - 12,400 0° jL 231 2012 LT GO DEBT SERVICE FUND 738,400 53,388 47,291 691,109 69, s 332 PARKS CAPITAL CONSTRUCTION FUND 13,013,343 221,591 1,335,262 11,678,081 100, C 421 WATER UTILITYFUND 12,809,352 8,443,156 9,551,953 3,257,399 75° E 0 422 STORM UTILITY FUND 10,831,951 4,516,795 7,007,409 3,824,542 650/ G 423 SEWER/WWTP UTILITYFUND 32,767,560 10,187,363 16,676,611 16,090,949 5101 d 424 BOND RESERVE FUND 1,988,130 625,592 616,542 1,371,588 31° 511 EQUIPMENT RENTAL FUND 3,170,398 2,421,572 2,814,377 356,021 890/ > 512 TECHNOLOGY RENTAL FUND 1,454,784 802,787 912,391 542,393 630 Z 617 FIREMEN'S PENSION FUND 78,700 130,448 75,665 3,035 960/ $ 141,307,801 $ 77,903,816 S 86,277,947 S 55,029,854 619 O E 2 Packet Pg. 85 I 7.4.a I Page 1 of 3 Title TAXES: 1 REAL PERSONAL / PROPERTY TAX 2 EMSPROPERTY TAX 3 VOTED PROPERTY TAX 4 LOCAL RETAIL SALES(USE TAX 4 5 NATURAL GAS USE TAX 6 1/10 SALES TAX LOCAL CRIM JUST 7 ELECTRIC UTILITY TAX 8 GASUTILITY TAX 9 SOLID WASTE UTILITY TAX 10 WATERUTILITY TAX 11 SEWER UTILITY TAX 12 STORMWATER UTILITY TAX 13 T.V. CABLE UTILITY TAX 14 TELEPHONE UTILITY TAX 15 PULLTABSTAX 16 AMUSEMENT GAMES 17 LEASEHOLD EXCISE TAX LIC INS ES AND PERMITS: 18 FIRE PERMITS -SPECIAL USE 19 POLICE - FINGERPRINTING 20 AMUSEMENTS 21 VENDING MACHINE/CONCESSION 22 FRANCHISE AGREEMENT-COMCASI' 23 FRANCHISE FEE-EDUCATION/GOVERNMENT 24 FRANCHISE AGREEMENT -VERIZON/FRONT IER 25 OLYMPIC VIEW WATER DISTRICT FRANCHISE 26 GENERAL BUSINESS LICENSE 27 DEV SERV PERMIT SURCHARGE 28 NON-RESIDENT BUS LICENSE 29 RIGHT OF WAY FRANCHISE FEE 30 BUILDING STRUCTURE PERMITS 31 ANIMAL LICENSES 32 STREET AND CURB PERMIT 33 OTRNON-BUSLIC/PERMITS INTERGOVERNMENTAL: 34 DOJ 15-0404-0-1-754 - BULLET PROOF VEST 35 NCHIP GRANT 36 WA ASSOC OF SHERIFFS TRAFFIC GRANT 37 TARGET ZERO TEAMS GRANT 38 DOCKSIE DRILLS GRANT REIMBURSE 39 HIGH VISIBILITY ENFORCEMENT 40 CORONAVIRUS RELIEF FUND 41 STATE GRANTS- BUDGET ONLY 42 PUD PRIVILEDGE TAX 43 ARCHIVES AND RECORDS MANAGEMENT 44 STATE GRANT FROM OTHER JUDICIAL AGENCIES 45 SCHOOL ZONE 46 WA STATE TRAFFIC COMM GRANT 47 MVET/SPECIAL DISTRIBUTION 48 WASHINGTON STATE ARTS COMMISSION 49 SHORELINE MASTER PROGRAM DOE 50 TRIAL COURT IMPROVEMENT 51 CRIMINAL JUSTICE -SPECIAL PROGRAMS 52 MARIJUANA ENFORCEMENT 53 MARIJUANA EXCISE TAX DISTRIBUTION 54 DUI - CITIES 55 LIQUOR EXCISE TAX 56 LIQUOR BOARD PROFITS 57 MISCELLANEOUS INT ERLOCAL REVENUE 58 VERDANT INTERLOCAL GRANTS 59 POLICE TRAINING CLASSES 60 FIRST RESPONDERS FLEX FUND 61 DISCOVERY PROGRAMS TECHNOLOGY ACQ. CITY OF EDMO NDS REVENUES - GENERAL FUND 2020 Amended 11/30/2019 11/30/2020 Amount Budget Revenues Revenues Remaining %Received $ 10,737,617 $ 10,407,850 $ 10,393,947 $ 343,670 970/( 4,112,031 4,024,341 4,058,718 53,313 990/( 500 244 26 474 50/c 8,450,000 7,741,745 7,523,231 926,769 890/( 7,600 8,956 6,895 705 910/( 760,500 742,618 738,431 22,069 970/( 1,684,800 1,553,442 1,540,846 143,954 910/( 579,600 518,080 571,050 8,550 990/( 348,800 325,404 316,060 32,740 910/( 1,148,400 1,098,628 1,022,313 126,087 890/( 896,600 781,768 718,876 177,724 800/( 471,900 413,297 452,696 19,204 960/( 822,200 739,228 736,282 85,918 900/( 823,900 739,258 606,633 217,267 740/( 55,200 55,915 56,617 (1,417) 1030/( 40 383 449 (409) 1123°/ 280,900 220,336 228,029 52,871 810/c 31,180,588 29,371,496 28,971,100 2,209,488 93°/ 250 185 365 (115) 1460/( 700 560 80 620 110/( 6,000 4,675 - 6,000 00/c 50,000 53,247 12,881 37,119 260/( 682,200 676,201 678,877 3,323 1000/( 41,000 37,984 36,612 4,388 890/( 100,600 94,045 73,239 27,361 730/( 358,200 387,851 377,553 (19,353) 10501( 116,300 119,787 203,899 (87,599) 1750/( 63,700 64,409 68,800 (5,100) 1080/( 64,800 53,825 - 64,800 0"/ 13,500 25,089 29,782 (16,282) 2210/( 675,600 591,997 589,029 86,571 870/( 24,380 13,334 17,056 7,324 700/( 45,000 36,430 53,405 (8,405) 1190/( 18,500 19,241 15,592 2,908 840/( 2,260,730 2,178,859 2,157,170 103,560 95°/ 6,000 3,470 2,052 3,949 340/( - 14,616 - - 00/( - 2,285 - - 00/( 4,000 1,852 - 4,000 0°/ - 4,138 559 (559) 00/( 7,100 3,501 1,623 5,477 230/( - - 165,164 (165,164) 00/( 18,000 - - 18,000 00/( 210,500 208,433 207,989 2,511 990/( - - 9,399 (9,399) 00/( - - 140 (140) 00/( - - 825 (825) 00/( - 2,594 - - 0"/ 13,070 12,536 13,211 (141) 1010/( - 5,000 - - 0"/ - 7,165 - - 00/( 16,740 16,722 16,152 588 960/( 45,600 45,102 47,280 (1,680) 1040/( 500 - - 500 00/( 48,300 46,665 50,966 (2,666) 1060/( 6,000 5,827 6,129 (129) 1020/( 231,500 228,650 265,801 (34,301) 1150/c 338,200 255,686 253,877 84,323 750/( - 2,500 - - 00/c - 2,000 - - 00/( - 211 1,194 (1,194) 0"/ 1,000 1,059 4,001 (3,001) 4000/( 550 - - 550 00/( 947,060 870,013 1,046,361 (99,301) 110% O Q. d C t0 c M 21 t C O 2 0 N 0 N L N E O O Z 4 2020 Local Retail Sa/es Use Tax revenues are $(218,514) Igwer than 2019 revenues Please also seepages pages 18 & 19. packet Pg. 86 I 7.4.a I Page 2 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2020 Amended 11/30/2019 Title Budget Revenues CHARGES FOR GOODS AND SERVICES: 1 RECORD/LEGAL INSTRUMENTS 2 ATM SURCHARGE FEES 3 CREDIT CARD FEES 4 COURT RECORD SERVICES 5 D/M COURT REC SER 6 DRE REIMBURSEABLE 7 WARRANT PREPARATION FEE 8 IT TIME PAY FEE 9 MUNIC.-DIST. COURT CURR EXPEN 10 SALE MAPS & BOOKS 11 CLERKS TIME FOR SALE OF PARKING PERMITS 12 BID SUPPLIES REIMBURSEMENT 13 PHOTOCOPIES 14 POLICE DISCLOSURE REQUESTS 15 ENGINEERING FEES AND CHARGES 16 ELECTION CANDIDATE FILINGFEES 17 SNO-ISLE 18 PASSPORTS AND NATURALIZATION FEES 19 POLICE SERVICES SPECIAL EVENTS 20 CAMPUS SAFETY-EDM. SCH. DIST. 21 WOODWAY-LAW PROTECTION 22 MISCELLANEOUS POLICE SERVICES 23 FIRE PROTECTION & EMS FOR DUI 24 FIRE DISTRICT #1 STATION BILLINGS 25 LEGAL SERVICES 26 ADULT PROBATION SERVICE CHARGE 27 BOOKINGFEES 28 FIRE CONSTRUCTION INSPECTION FEES 29 EMERGENCY SERVICE FEES 30 EMS TRANSPORT USER FEE 31 FLEX FUEL PAYMENTS FROM STATIONS 32 ANIMAL CONTROL SHELTER 33 ZONING/SUBDIVISION FEE 34 PLAN CHECKINGFEES 35 FIRE PLAN CHECK FEES 36 PLANNING 1%INSPECTION FEE 37 S.E.P.A. REVIEW 38 CRITICAL AREA STUDY 39 DV COORDINATOR SERVICES 40 GYM AND WEIGHT ROOM FEES 41 PROGRAM FEES 5 42 TAXABLE RECREATION ACTIVITIES 43 WINTER MARKET REGISTRATION FEES 44 BIRD FEST REGISTRATION FEES 45 INTERFUND REIMBURSEMENT -CONTRACT SVCS 3,000 600 11,000 300 300 11,000 1,000 100 100 25,100 600 1,000 500 125,000 1,400 85,000 21,000 30,000 126,800 195,000 52,500 1,050 45,000 3,000 10,000 3,500 1,007,500 2,500 50 72,600 375,900 4,000 500 5,000 14,000 15,500 869,162 1,300 5,000 800 3,290,838 3,740 678 13,291 79 68 10,320 1,238 321 59 1,002 192,784 95,475 21,310 38,074 72,018 211,867 2 117 54,941 1,273 42,245 2,454 15,450 5,266 1,043,753 1,066 100 97,600 606,848 9,570 2,361 5,190 14,925 4,707 11,062 787,021 512 10,345 585 2,609,364 11/30/2020 Amount Revenues Remaining % Received 4,988 120 5,951 7 97 235 2,358 766 66 9 450 236,177 71,759 5,795 36,753 198,859 58 59,291 1,755 37,329 2,083 20,099 3,876 992,345 1,880 100 75,019 252,860 15,658 2,960 15,262 3,083 94,929 9,938 2,763,401 (1,988) 480 5,049 293 203 (235) 8,642 234 34 91 25,100 600 550 500 (111,177) 1,400 13,241 15,205 30,000 90,047 (3,859) (58) (6,791) (705) 7,671 917 (10,099) (376) 15,155 620 (50) (2,419) 123,040 (11,658) 500 2,040 (1,262) 12,417 774,233 1,300 (4,938) 800 527,437 6,418,500 5,989,080 4,916,313 1,502,187 166% 20% 54% 2% 32% 0% 21% 77% 66% 0 9% d 0% 0% 45% 0% to 189% C 0% LL 84% 28% 0% O 29% 2 102% N o% N 0% 113% 167% E 83% 69% O 201% ? 111% 98% O 75% 200% 103% 67% C1 391% w 0% 59% LL 109% 0% 20% o 77% 5 2020 Parks & Recreation Program Revenues are $(692,091) lower than 2019 revenues. 4 Packet Pg. 87 1 I 7.4.a I Page 3 of 3 C ITY O F EDMO NDS REVENUES - GENERAL FUND 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Revenues Revenues Remaining %Received FINES AND PENALTIES: 1 PROOF OF VEHICLE INS PENALTY 2 TRAFFIC INFRACTION PENALTIES 3 NC TRAFFIC INFRACTION 4 CRT COST FEE CODE LEG ASSESSMENT (LGA) 5 NON -TRAFFIC INFRACTION PENALTIES 6 OTHERINFRACTIONS'04 7 PARKING INFRACTION PENALTIES 8 PARK/INDDISZONE 9 DWI PENALTIES 10 DUI - DP ACCT 11 CRIM CNV FEE DUI 12 DUI - DP FEE 13 OTHER CRIMINAL TRAF MISDEM PEN 14 CRIMINAL TRAFFIC MISDEMEANOR 8/03 15 CRIMINAL CONVICTION FEE CT 16 CRIM CONV FEE CT 17 OTHER NON-TRAF MISDEMEANOR PEN 18 OTHER NON TRAFFIC MISD. 8/03 19 COURT DV PENALTY ASSESSMENT 20 CRIMINAL CONVICTION FEE CN 21 CRIM CONV FEE CN 22 PUBLIC DEFENSE RECOUPMENT 23 BANK CHARGE FOR CONV. DEFENDANT 24 COURT COST RECOUPMENT 25 BUS. LICENSE PERMIT PENALTY 26 M1SC FINES AND PENALTIES MISCELLANEOUS: 27 INVESTMENT INTEREST 28 INTEREST ON COUNTY TAXES 29 INTEREST - COURT COLLECTIONS 30 PARKING 31 SPACE/FACILITIES RENTALS 32 BRACKET ROOM RENTAL 33 LEASESLONG-TERM 34 DONATION/CONTRIBUTION 35 PARKSDONATIONS 36 BIRD FEST CONTRIBUTIONS 37 POLICE CONTRIBUTIONS FROM PRIV SOURCES 38 SALE OF JUNK/SALVAGE 39 SALES OF UNCLAIM PROPERTY 40 CONFISCATED AND FORFEITED PROPERTY 41 OTHER JUDGEMENT/SETTLEMENT 42 POLICE JUDGMENT SIRESTITUT ION 43 CASHIERS OVERAGES/SHORTAGES 44 OTHER MISC REVENUES 45 SMALL OVERPAYMENT 46 NSF FEES - PARKS & REC 47 NSF FEES - MUNICIPAL COURT 48 L&I STAY AT WORK PROGRAM 49 FLEX -PLAN SERVICES FORFEITURES 50 NSF FEE - DEVEL SERV DEPT 51 US BANK REBATE TRANSFERS -IN: 52 INTERFUND TRANSFER FROM 012 53 INTERFUND TRANSFER FROM 011 54 INTERFUND TRANSFER FROM 511 55 TRANSFER FROM FUND 127 TOTAL GENERAL FUND REVENUE $ 4,000 $ 3,311 $ 1,178 $ 2,822 290/( 241,000 203,129 107,079 133,921 440/( 19,000 16,628 12,638 6,362 670/( 20,000 15,651 9,570 10,430 480/( 1,000 1,371 1,980 (980) 1980/( 2,000 1,232 1,263 737 630/( 147,000 135,348 65,852 81,148 450/( 2,500 2,861 1,066 1,434 430/( 7,000 8,896 9,180 (2,180) 1310/( 700 429 198 502 280/( 200 55 36 164 180/( 1,500 1,932 2,167 (667) 1440/( 140 - - 140 00/( 30,000 26,595 19,927 10,073 660/( 3,600 2,397 2,136 1,464 590/( 1,000 585 503 497 5001( 100 (2,792) 37 63 370/( 13,100 15,519 6,580 6,520 5001( 600 308 967 (367) 1610/( 1,600 832 678 922 420/( 500 274 86 414 170/( 16,000 10,471 7,635 8,365 480/( 14,000 12,653 7,886 6,114 560/( 6,000 4,457 3,945 2,055 660/( 10,100 5,150 - 10,100 00/( 300 1,208 1,441 (1,141) 4800/( 542,940 468,500 264,028 278,912 49°/ 399,400 380,295 271,547 127,853 680/( 53,440 26,274 13,413 40,027 250/( 50,950 7,560 7,390 43,560 1501( - 150 - - 00/( 153,000 137,985 24,010 128,990 160/( 2,100 1,850 380 1,720 180/( 205,000 185,111 154,822 50,178 760/( 22,500 3,582 910 21,590 40/( 3,500 3,050 920 2,580 260/( 2,000 1,597 635 1,365 320/( 5,000 10,721 100 4,900 20/( 300 68 487 (187) 1620/( 3,000 2,314 3,586 (586) 120°/ 2,000 - - 2,000 00/( 2,000 3 1,344 656 670/( 200 529 248 (48) 1240/( - (71) 16 (16) 00/( 5,000 195,060 13,542 (8,542) 2710/( 100 64 60 40 600/( 100 60 30 70 300/( 150 112 142 8 950/( - 10,483 - - 0°/ - 370 - - 00/( - - 30 (30) 00/c 8,500 7,490 7,251 1,249 850/( 918,240 974,658 500,862 417,378 5507, 3,835,827 - - 00/( - 931,523 - - 00/( 1,500,000 - 1,500,000 - 1000/( 35,800 26,300 35,800 - 1000/( 1,535,800 4,793,650 1,535,800 - 1000% $ 43,803,858 $ 44,646,255 $ 39,391,635 $ 4,412,223 900% 5 Packet Pg. 88 I 7.4.a I Page 1 of 6 CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (001) 1 SALARIES AND WAGES $ 17,066,688 $ 14,415,940 $ 15,148,871 $ 1,917,817 89' 2 OVERTIME 491,580 685,310 564,915 (73,335) 115' 3 HOLIDAY BUY BACK 262,020 201,281 233,372 28,648 89' 4 BENEFITS 6,599,678 5,670,556 5,830,538 769,140 88' 5 UNIFORMS 90,975 96,457 76,959 14,016 85' 6 SUPPLIES 428,811 418,486 390,552 38,259 91' 7 SMALL EQUIPMENT 161,262 135,372 156,325 4,937 97' 8 PROFESSIONAL SERVICES 15,407,641 11,956,972 12,025,030 3,382,611 78' 9 COMMUNICATIONS 169,795 135,313 129,517 40,278 76' 10 TRAVEL 78,580 64,720 9,644 68,936 12' 11 EXCISE TAXES 6,500 7,568 14,622 (8,122) 225' 12 RENTAL/LEASE 1,825,110 1,689,025 1,655,006 170,104 91' 13 INSURANCE 394,124 436,448 393,746 378 100' 14 UTILITIES 531,525 485,985 448,729 82,796 84' 15 REPAIRS&MAINTENANCE 297,010 601,203 630,019 (333,009) 212' 16 MISCELLANEOUS 526,991 361,945 300,161 226,830 57' 17 INTERGOVERNMENTAL PAYMENTS 75,000 75,000 75,000 - 100' 18 INTERFUND SUBSIDIES 3,266,993 1,245,579 834,033 2,432,960 26' 19 MACHINERY/EQUIPMENT 57,173 - 9,053 48,120 16' 20 CONSTRUCTION PROJECTS 1,000,000 10,296 - 1,000,000 0' 21 GENERAL OBLIGATION BOND PRINCIPAL 168,850 131,516 - 168,850 0' 22 OTHER INTEREST & DEBT SERVICE COSTS 500 218 212 288 42' 23 INTEREST ON LONG-TERM EXTERNAL DEBT 137,250 10,311 69,285 67,965 50' 49,044,056 S 38,835,500 38,995,588 10,048,468 80' LEO FF-MEDICAL INS. RESERVE (009) 24 BENEFITS $ 206,650 $ 139,390 $ 134,758 $ 71,892 65' 25 PENSION AND DISABILITY PAYMENTS 252,990 219,100 91,339 161,651 36' 26 PROFESSIONAL SERVICES 7,000 180 5,793 1,207 83' 27 MISCELLANEOUS 500 455 - 500 0' 467,140 359,126 231,889 235,251 50' RISK MANAGEMENT RESERVE FUND (011) 28 INTERFUND SUBSIDIES $ - $ 931,523 $ - $ - 0' $ - 931,523 - - 0' C O NTINGENC Y RES ERVE FUND (012) 29 INTERFUND SUBSIDIES $ $ 3,835,827 $ - $ - 0' - 3,835,827 - - 0' HISTORIC PRESERVATION GIFT FUND (014) 30 SUPPLIES $ 100 $ - $ - $ 100 0' 31 PROFESSIONAL SERVICES 200 - 200 0' 32 MISCELLANEOUS 5,600 5,533 5,600 0' 5,900 5,533 5,900 0' EDMONDS HOMELESSNESS RESPONSEFUND (018) 33 PROFESSIONAL SERVICES $ 100,000 $ 1,862 $ $ 100,000 0' 100,000 1,862 100,000 0' EDMONDS OPIOID RESPONSEFUND (019) 34 PROFESSIONAL SERVICES $ 21,555 $ - $ 21,555 $ - 100' 35 INTERFUND SUBSIDIES - 200,000 - - 0' 21,555 200,000 21,555 - 100' DRUG INFO RC EM NT FUND (104) 36 PROFESSIONAL SERVICES $ 45,000 $ - $ - $ 45,000 0' 37 REPAIR/MAINT 800 - 800 0' 38 MISCELLANEOUS - 30,332 (30,332) 0' 45,800 30,332 15,468 66' O a d OC 0 C to C IL t C O 2 0 N O N N I: tU O Z 6 Packet Pg. 89 I 7.4.a I Page 2 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent STREETFUND (111) 1 SALARIES AND WAGES $ 723,081 $ 539,193 $ 603,371 $ 119,710 83' 2 OVERTIME 18,400 44,526 40,436 (22,036) 220' 3 BENEFITS 309,539 255,891 298,334 11,205 96' 4 UNIFORMS 6,000 3,278 3,781 2,219 63' 5 SUPPLIES 263,000 231,710 159,814 103,186 61' 6 SMALL EQUIPMENT 20,000 2,279 684 19,316 3' 7 PROFESSIONAL SERVICES 27,930 7,702 2,456 25,474 9' 8 COMMUNICATIONS 4,500 6,034 6,754 (2,254) 150' 9 TRAVEL 1,000 - - 1,000 0' 10 RENTAL/LEASE 230,450 246,589 211,943 18,507 92' 11 INSURANCE 145,219 156,514 156,937 (11,718) 108' 12 UTILITIES 280,918 239,494 235,918 45,000 84' 13 REPAIRS&MAINTENANCE 52,000 21,418 55,353 (3,353) 106' 14 MISCELLANEOUS 13,000 2,296 8,300 4,700 64' 15 MACHINERY/EQUIPMENT 100,000 - 75,658 24,342 76' 16 GENERAL OBLIGATION BOND PRINCIPAL 4,170 - - 4,170 0' 17 INTEREST 510 289 255 255 50' COMBINED STREEI'CONST/IMPROVE(112) 18 SALARIES AND WAGES 19 BENEFIT S 20 PROFESSIONAL SERVICES 21 REPAIR & MAINTENANCE 22 MISCELLANEOUS 23 INTERFUND SUBSIDIES 24 LAND 25 CONSTRUCTION PROJECTS 26 INTERGOVERNMENTAL LOANS 27 INTEREST MUNICIPAL ARTS ACQUIS. FUND (117) 28 SUPPLIES 29 SMALL EQUIPMENT 30 PROFESSIONAL SERVICES 31 TRAVEL 32 RENTAL/LEASE 33 REPAIRS&MAINTENANCE 34 MISCELLANEOUS HO TEL/MO TEL TAX REVENUE FUND (120) 35 PROFESSIONAL SERVICES 67 MISCELLANEOUS 37 INTERFUND SUBSIDIES 38 MACHINERY/EQUIPMENT EVIPLOYEEPARIIIG PERMIT FUND (121) 39 SUPPLIES 40 PROFESSIONAL SERVICES YOUTH SCHOLARSHIP FUND (122) 41 MISCELLANEOUS TO URIS M PRO MO TIO NAL FUND/ARTS (123 ) 42 PROFESSIONAL SERVICES 43 MISCELLANEOUS $ 2,199,717 $ 1,757,213 $ 1,859,996 $ 339,721 85' $ - $ - $ 10,567 $ (10,567) 0' - - 6,613 (6,613) 0' 680,130 305,235 307,373 372,757 45' 163,028 420,215 320,582 (157,554) 197' - 8 (8) 0' 40,140 40,318 40,121 19 100' - 7,412 - - 0' 1,853,975 690,863 305,428 1,548,547 16' 72,220 72,201 72,201 19 100' 1,970 2,313 1,952 18 99' $ 2,811,463 $ 1,538,558 $ 1,064,847 $ 1,746,616 38' $ 4,700 $ 3,696 $ 302 $ 4,398 6' 1,700 - 116 1,584 7' 228,500 45,347 28,482 200,018 12' 80 6 - 80 0' 2,000 - - 2,000 0' 300 - - 300 0' 6,600 4,960 1,466 5,134 22' $ 243,880 $ 54,009 $ 30,367 $ 213,513 12' $ 92,487 $ 61,942 $ 45,603 $ 46,884 49' 6,763 583 612 6,151 9' 4,000 4,000 4,000 - 100' 25,000 - - 25,000 0' $ 128,250 $ 66,525 $ 50,215 $ 78,035 39' $ 1,790 $ 591 $ 632 $ 1,158 35' 25,090 - - 25,090 0' $ 26,880 $ 591 $ 632 $ 26,248 2' $ 3,000 $ 2,768 $ 450 $ 2,550 15' $ 3,000 $ 2,768 $ 450 $ 2,550 15' $ 33,900 $ 13,315 $ 10,399 $ 23,501 3P - 1,959 - - 0' $ 33,900 $ 15,274 $ 10,399 $ 23,501 31' O a d oc W C t0 C IL t C O 2 0 N O N L d M E d O Z 7 Packet Pg. 90 I 7.4.a I Page 3 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXCISE TAX (125) 1 SUPPLIES $ 21,000 $ 34,096 $ 18,697 $ 2,303 89' 2 PROFESSIONAL SERVICES 479,831 148,857 328,398 151,433 68' 3 RENTAL/LEASE - 381 - - 0' 4 REPAIRS&MAINTENANCE 176,176 400,623 357,539 (181,363) 203' 5 INTERFUND SUBSIDIES 620 - - 620 0' 6 CONSTRUCTION PROJECTS 2,932,893 628,813 780,889 2,152,004 27' $ 3,610,520 $ 1,212,769 $ 1,485,522 $ 2,124,998 41' REAL ESTATE EXCISE TAXI (126) 7 PROFESSIONAL SERVICES 8 REPAIRS&MAINTENANCE 9 INTERFUND SUBSIDIES 10 LAND 11 CONSTRUCTION PROJECTS 12 GENERAL OBLIGATION BONDS 13 INTEREST 14 OTHER INTEREST & DEBT SERVICE COSTS GIFTS CATALOG FUND (127) 15 SUPPLIES 16 SMALL EQUIPMENT 17 PROFESSIONAL SERVICES 18 REPAIRS&MAINTENANCE 19 MISCELLANEOUS 20 INTERFUND SUBSIDIES CEVIEERYMAINTEVANCERMPROVEM NT(130) 21 SALARIES AND WAGES 22 OVERTIME 23 BENEFIT S 24 UNIFORMS 25 SUPPLIES 26 SUPPLIES PURCHASED FOR INVENTORY/RESALE 27 SMALL EQUIPMENT 28 PROFESSIONAL SERVICES 29 COMMUNICATIONS 30 TRAVEL 31 RENTAL/LEASE 32 UTILITIES 33 REPAIRS&MAINTENANCE 34 MISCELLANEOUS PARKS TRUSTFUND (136) 35 SMALL EQUIPMENT SISTER CITY COMMISSION (138) 36 SUPPLIES 37 TRAVEL 38 MISCELLANEOUS BUSINESS IMPROVEMENT DISTRICT FUND (140) 39 SUPPLIES 40 PROFESSIONAL SERVICES 41 MISCELLANEOUS EDMONDS CARES FUND (142) 42 PROFESSIONAL SERVICES LID FUND CONTROL (211) 43 INTERFUND SUBSIDIES 2012 LTGO DEBT SERVIC FUND (231) ## GENERAL OBLIGATION BOND 44 INTEREST $ 883,267 $ 129,465 $ 630,538 252,729 71' 95,963 397,911 258,039 (162,076) 269' 142,736 14,013 12,963 129,774 9' 300,000 - - 300,000 0' 1,951,937 773,307 553,402 1,398,535 28' 24,220 - - 24,220 0' 2,970 1,680 1,484 1,486 50' - 77 575 (575) 0' $ 3,401,093 $ 1,316,452 $ 1,456,999 $ 1,944,094 43' $ 48,882 $ 28,863 $ 39,033 $ 9,849 80' - 11,209 - - 0' 6,500 - 5,400 1,100 83' 22,000 1,858 7,183 14,818 33' 600 159 335 265 56' 35,800 26,300 35,800 - 100' $ 113,782 $ 68,389 $ 87,751 $ 26,031 77' $ 97,476 $ 82,654 $ 86,562 $ 10,914 89' 3,500 3,272 729 2,771 21' 42,029 37,814 37,084 4,945 88' 1,000 225 - 1,000 0' 7,000 3,584 2,802 4,198 40' 20,000 15,673 18,196 1,804 91' - 1,246 1,184 (1,184) 0' 4,200 1,799 795 3,405 19' 1,700 1,655 1,541 159 91' 500 - - 500 0' 8,230 5,738 7,544 686 92' 5,652 4,137 4,118 1,534 734 500 - - 500 0' 4,000 17,930 5,124 (1,124) 1284 $ 195,787 $ 175,728 $ 165,679 $ 30,108 854 $ - $ 4,935 $ - $ - 0' $ - $ 4,935 $ - $ - 0' $ 1,500 $ 727 $ 11 $ 1,489 1' 4,500 2,705 - 4,500 0' 5,900 3,418 - 5,900 0' $ 11,900 $ 6,851 $ 11 $ 11,889 0' $ 11,850 $ 12,278 $ 9,585 $ 2,265 81' 66,035 65,958 38,175 27,860 58' 2,625 2,551 2,440 185 93' 80,510 80,787 50,200 30,310 62' $ 1,897,650 $ $ 1,698,013 $ 199,637 89' 1,897,650 1,698,013 199,637 89' $ 12,400 $ 30,905 $ - $ 12,400 0' $ 12,400 $ 30,905 $ - $ 12,400 0' $ 643,810 $ - $ - $ 643,810 0' 94,590 53,388 47,291 47,299 50' $ 738,400 $ 53,388 $ 47,291 $ 691,109 6' O Q. d C t0 C LL t r� C O 2 0 N O N L d E d O Z 8 Packet Pg. 91 I 7.4.a I Page 4 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS CONSTRUCTION FUND (332) 1 PROFESSIONAL SERVICES $ 323,349 $ 44,827 $ 402,104 $ (78,755) 124' 2 INTERFUND SUBSIDIES 112,920 - 20,316 92,604 18' 3 CONSTRUCTION PROJECTS 12,577,074 114,223 912,842 11,664,232 7' 4 DEBT ISSUE COSTS - 62,541 - - 0' $ 13,013,343 $ 221,591 $ 1,335,262 $ 11,678,081 10' WATER FUND (421) 5 SALARIES AND WAGES 6 OVERTIME 7 BENEFIT S 8 UNIFORMS 9 SUPPLIES 10 WATER PURCHASED FOR RESALE 11 SUPPLIES PURCHASED FOR INVENTORY/RESALE 12 SMALL EQUIPMENT 13 PROFESSIONAL SERVICES 14 COMMUNICATIONS 15 TRAVEL 16 EXCISE TAXES 17 RENTAL/LEASE 18 INSURANCE 19 UTILITIES 20 REPAIRS&MAINTENANCE 21 MISCELLANEOUS 22 INTERFUND SUBSIDIES 23 CONSTRUCTION PROJECTS 24 GENERAL OBLIGATION BONDS 25 REVENUE BONDS 26 INTERGOVERNMENTAL LOANS 27 INTEREST 28 OTHER INTEREST & DEBT SERVICE COSTS STORMFUND (422) 29 SALARIES AND WAGES 30 OVERTIME 31 BENEFIT S 32 UNIFORMS 33 SUPPLIES 34 SMALL EQUIPMENT 35 PROFESSIONAL SERVICES 36 COMMUNICATIONS 37 TRAVEL 38 EXCISE TAXES 39 RENTAL/LEASE 40 INSURANCE 41 UTILITES 42 REPAIR & MAINTENANCE 43 MISCELLANEOUS 44 INTERFUND SUBSIDIES 45 CONSTRUCTION PROJECTS 46 GENERAL OBLIGATION BONDS 47 REVENUE BONDS 48 INTERGOVERNMENTAL LOANS 49 INTEREST 50 OTHER INTEREST & DEBT SERVICE COSTS $ 845,871 $ 700,142 $ 742,779 $ 103,092 88' 24,000 22,686 18,958 5,042 79' 363,882 314,310 285,899 77,983 79' 4,000 3,326 3,473 527 87' 150,000 65,468 103,754 46,246 69' 2,170,000 1,747,306 1,786,606 383,394 82' 170,000 138,405 143,823 26,177 85' 11,000 5,379 5,804 5,196 53' 1,753,804 774,900 1,186,381 567,423 68' 30,000 26,143 25,763 4,237 86' 200 - - 200 0' 1,649,700 1,53 5,128 1,452,789 196,911 88' 133,158 139,852 119,441 13,717 90' 52,865 55,096 52,541 324 99' 35,775 24,375 24,571 11,204 69' 75,830 237,035 20,613 55,217 27' 131,400 106,864 120,680 10,720 92' 650,870 206,313 204,067 446,803 31' 3,946,207 2,201,038 3,121,887 824,320 79' 2,800 - - 2,800 0' 370,960 - - 370,960 0' 25,840 25,839 25,839 1 100' 211,190 113,174 105,907 105,283 50' - 375 378 (378) 0' $ 12,809,352 $ 8,443,156 $ 9,551,953 $ 3,257,399 75' $ 728,080 $ 604,229 $ 584,113 $ 143,967 80' 6,000 33,218 12,741 (6,741) 212' 334,154 303,321 267,341 66,813 80' 6,500 5,539 6,437 63 99' 46,000 23,878 20,886 25,114 45' 4,000 3,653 2,026 1,974 51' 3,047,970 1,004,567 1,673,878 1,374,092 55' 3,200 4,533 5,213 (2,013) 163' 4,300 - - 4,300 0' 470,100 480,394 525,221 (55,121) 112' 270,830 223,180 247,669 23,161 91' 118,263 127,548 116,576 1,687 99' 11,025 10,438 11,024 1 100' 116,183 12,644 15,835 100,348 14' 158,100 150,451 158,483 (383) 100' 282,550 81,819 78,897 203,653 28' 4,758,296 1,352,186 3,166,559 1,591,737 67' 102,030 - - 102,030 0' 181,210 - - 181,210 0' 60,760 32,063 53,576 7,184 88' 122,400 62,969 60,769 61,631 50' - 165 165 (165) 0' $ 10,831,951 $ 4,516,795 $ 7,007,409 $ 3,824,542 65' 9 Packet Pg. 92 I 7.4.a I Page 5 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 1,953,719 $ 1,628,375 $ 1,714,559 $ 239,160 88' 2 OVERTIME 95,000 87,115 95,567 (567) 101' 3 BENEFITS 854,294 714,295 739,058 115,236 87' 4 UNIFORMS 9,500 7,146 7,693 1,807 81' 5 SUPPLIES 421,000 271,259 321,524 99,476 76' 6 FUEL CONSUMED 60,000 39,396 17,701 42,299 30' 7 SUPPLIES PURCHASED FOR INV OR RESALE 4,000 - - 4,000 0' 8 SMALL EQUIPMENT 35,000 19,460 42,890 (7,890) 123' 9 PROFESSIONAL SERVICES 2,286,406 1,059,865 3,143,528 (857,122) 137' 10 COMMUNICATIONS 43,000 38,324 36,534 6,466 85' 11 TRAVEL 5,000 5,016 - 5,000 0' 12 EXCISE TAXES 978,000 980,493 894,700 83,300 91' 13 RENTAL/LEASE 311,966 309,796 294,791 17,175 94' 14 INSURANCE 182,121 186,110 175,867 6,254 97' 15 UTILITIES 1,540,685 1,026,522 806,379 734,306 52' 16 REPAIR & MAINTENANCE 745,630 384,242 197,348 548,282 26' 17 MISCELLANEOUS 127,650 77,641 82,272 45,378 64' 18 INTERFUND SUBSIDIES 7,197,114 851,088 2,584,681 4,612,433 36' 19 MACHINERY/EQUIPMENT - 33,647 83,575 (83,575) 0' 20 CONSTRUCTION PROJECTS 15,438,495 2,249,150 5,023,028 10,415,467 33' 21 GENERAL OBLIGATION BONDS 154,660 - - 154,660 0' 22 REVENUE BONDS 82,840 - 162,108 (79,268) 196' 23 INTERGOVERNMENTAL LOANS 173,210 172,528 173,200 10 100' 24 INTEREST 68,270 40,516 36,505 31,765 53' 25 DEBT ISSUE COSTS - - 38,018 (38,018) 0' 26 OTHER INT EREST & DEBT SERVICE COSTS - 5,380 5,085 (5,085) 0' $ 32,767,560 $ 10,187,363 $ 16,676,611 $ 16,090,949 5P BOND RESERVE FUND (424) 27 REVENUE BONDS $ 755,020 $ - $ - $ 755,020 0' 28 INTEREST 1,233,110 625,592 616,542 616,568 504 $ 1,988,130 $ 625,592 $ 616,542 $ 1,371,588 314 O Q. d OC W C t0 C LL t C O 2 0 N 0 N L N E CD Z 10 Packet Pg. 93 I 7.4.a I Page 6 of 6 CITY 0FIDMONDS EXPENDITURES BY FUND - DETAIL 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent EQ UIPMENT RENTAL FUND (511) 1 SALARIES AND WAGES $ 266,952 $ 237,918 $ 246,472 $ 20,480 92' 2 OVERTIME 2,000 8,081 824 1,176 41' 3 BENEFITS 112,598 101,900 102,469 10,129 91' 4 UNIFORMS 1,000 1,285 1,144 (144) 114' 5 SUPPLIES 130,000 87,099 69,800 60,200 54' 6 FUEL CONSUMED 1,000 - - 1,000 0' 7 SUPPLIES PURCHASED FOR INVENTORY/RESALE 243,000 168,446 103,592 139,408 43' 8 SMALL EQUIPMENT 58,000 2,058 3,314 54,686 6' 9 PROFESSIONAL SERVICES 46,750 3,944 4,387 42,363 9' 10 COMMUNICATIONS 3,000 2,022 2,022 978 67' 11 TRAVEL 1,000 255 - 1,000 0' 12 RENTAL/LEASE 12,750 12,590 11,301 1,449 89' 13 INSURANCE 27,848 30,167 43,001 (15,153) 154' 14 UTILITIES 14,500 13,413 13,529 971 93' 15 REPAIRS & MAINTENANCE 60,000 26,707 39,369 20,631 66' 16 MISCELLANEOUS 12,000 9,707 9,408 2,592 78' 17 INTERFUND SUBSIDIES 1,500,000 - 1,500,000 - 100' 18 MACHINERY/EQUIPMENT 678,000 1,715,980 663,744 14,256 98' $ 3,170,398 $ 2,421,572 $ 2,814,377 $ 356,021 89' TECHNOLOGY RENTAL FUND (512) 19 SALARIES AND WAGES $ 369,264 $ 273,729 $ 265,409 $ 103,855 72' 20 OVERTIME 2,000 125 165 1,835 8' 21 BENEFITS 124,590 92,533 89,101 35,489 72' 22 SUPPLIES 5,000 3,999 8,726 (3,726) 175' 23 SMALL EQUIPMENT 137,700 38,181 112,405 25,295 82' 24 PROFESSIONAL SERVICES 309,810 27,545 70,185 239,625 234 25 COMMUNICATIONS 58,770 51,326 56,619 2,151 964 26 TRAVEL 1,500 359 - 1,500 0' 27 RENTAL/LEASE 7,490 6,950 6,897 593 92' 28 REPAIRS & MAINTENANCE 367,660 247,098 291,331 76,329 794 29 MISCELLANEOUS 5,000 3,370 11,552 (6,552) 23P 30 MACHINERY/EQUIPMENT 66,000 57,571 - 66,000 0' $ 1,454,784 $ 802,787 $ 912,391 $ 542,393 63' FIREMEN'S PENSION FUND (617) 31 BENEFITS $ 23,000 $ 16,535 $ 18,045 $ 4,955 784 32 PENSION AND DISABILITY PAYMENTS 54,500 113,913 56,613 (2,113) 104' 33 PROFESSIONAL SERVICES 1,200 - 1,007 193 84' $ 78,700 $ 130,448 $ 75,665 $ 3,035 964 TOTAL EXPENDITURE ALL FUNDS $ 141,307,801 $ 77,903,816 $ 86,277,947 $ 55,029,854 614 O fl. d W C to C IL 21 t C O 2 0 N O N N E d O Z 11 Packet Pg. 94 7.4.a Page 1 of 1 C ITY O F EDMO NDS EXPENDPTURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK FINANCE CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICES/ECONOMIC DEV DEVELOPMENT SERVICES PARKS& RECREATION PUBLIC WORKS ADMINISTRATION FACILITIES MAINTENANCE % Spent $ 418,912 $ 366,198 $ 291,826 $ 127,086 70% 306,685 269,577 303,765 2,920 99% 740,691 495,072 589,830 150,861 80% 1,138,771 896,507 958,702 180,069 84%^+ O 726,962 646,693 667,373 59,589 92% d 1,289,583 1,161,563 1,219,675 69,908 95% O 912,540 777,372 789,302 123,238 86% 15,322,110 11,630,592 11,046,084 4,276,026 72% O C IL 11,951,730 10,676,934 10,862,724 1,089,006 91% >, 761,493 534,111 532,055 229,438 70% z O 3,582,847 2,580,570 2,519,329 1,063,518 70% 22 4,594,969 3,739,491 3,343,289 1,251,680 73% 0 C 3,538,610 2,842,887 2,870,124 668,486 81% N 3,758,153 2,217,933 3,001,512 756,641 80% E $ 49,044,056 $ 38,835,500 $ 38,995,588 $ 10,048,468 80% C Z C ITY O F EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2020 Amended Budget 11/30/2019 Expenditures 11/30/2020 Expenditures Amount Remaining %Spent WATER UTILITY FUND $ 12,809,352 $ 8,443,156 $ 9,551,953 $ 3,257,399 75% STORM UTILITY FUND 10,831,951 4,516,795 7,007,409 3,824,542 65% SEWER/WWTP UTILITY FUND 32,767,560 10,187,363 16,676,611 16,090,949 51% BOND RESERVE FUND 1,988,130 625,592 616,542 1,371,588 31% $ 58,396,993 $ 23,772,906 $ 33,852,515 $ 24,544,478 58% 12 Packet Pg. 95 I 7.4.a I Page I of 4 C ITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2020 Amended Budget 11/30/2019 Expenditures 11/30/2020 Expenditures Amount Remaining %Spent CITY COUNCIL SALARIES $ 191,224 $ 165,274 $ 174,575 $ 16,649 91% OVERTIME 1,000 - - 1,000 0% BENEFITS 95,736 89,547 90,616 5,120 95% SUPPLIES 2,500 1,931 1,670 830 67% SMALL EQUIPMENT 1,000 342 534 466 53% PROFESSIONAL SERVICES 62,160 79,552 4,263 57,897 7% COMMUNICATIONS 5,000 5,387 7,442 (2,442) 149% TRAVEL 17,500 2,625 587 16,913 3% RENTAL/LEASE 12,292 11,077 11,314 978 92% REPAIRS✓MAINTENANCE 500 121 645 (145) 129% MISCELLANEOUS 30,000 10,341 180 29,820 1% $ 418,912 $ 366,198 $ 291,826 $ 127,086 70% OFFICEOFMAYOR SALARIES $ 222,432 $ 200,668 $ 204,891 $ 17,541 92% BENEFITS 54,043 48,859 77,069 (23,026) 143% SUPPLIES 1,500 794 850 650 57% SMALL EQUIPMENT - - 4,199 (4,199) 0% PROFESSIONAL SERVICES 3,000 2,211 633 2,367 21% COMMUNICATION 1,400 955 1,191 209 85% TRAVEL 3,000 2,603 166 2,834 6% RENTAL/LEASE 16,860 11,503 14,554 2,306 86% MISCELLANEOUS 4,450 1,984 213 4,237 5% $ 306,685 $ 269,577 $ 303,765 $ 2,920 99% HUMAN RESOURCES SALARIES $ 356,658 $ 293,634 $ 324,679 $ 31,979 91% OVERTIME - 197 5,845 (5,845) 0% BENEFITS 142,458 100,815 130,836 11,622 92% SUPPLIES 18,556 4,250 3,925 14,631 21% SMALL EQUIPMENT 300 2,762 893 (593) 298% PROFESSIONAL SERVICES 136,471 44,122 65,266 71,205 48% COMMUNICATIONS 1,550 1,064 1,138 412 73% TRAVEL 1,000 1,241 - 1,000 0% RENTAL/LEASE 31,921 22,597 27,988 3,933 88% REPAIR/MAINTENANCE 8,380 7,571 7,832 548 93% MISCELLANEOUS 43,397 16,818 21,429 21,968 49% $ 740,691 $ 495,072 $ 589,830 $ 150,861 80% MUNIC IPAL C O URT SALARIES $ 647,030 $ 537,521 $ 578,188 $ 68,842 89% OVERTIME 800 1,275 9,041 (8,241) 1130% BENEFITS 223,319 190,349 211,537 11,782 95% SUPPLIES 10,600 7,713 5,933 4,667 56% SMALL EQUIPMENT 1,000 5,155 7,074 (6,074) 707% PROFESSIONAL SERVICES 124,925 67,990 59,168 65,757 47% COMMUNICATIONS 3,550 2,633 2,135 1,415 60% TRAVEL 6,500 3,039 37 6,463 1% RENTAL/LEASE 67,947 59,103 61,845 6,102 91% REPAIR/MAINTENANCE 4,880 277 7,896 (3,016) 162% MISCELLANEOUS 25,100 21,452 15,848 9,252 63% MACHINERY/EQUIPMENT 23,120 23,120 0% $ 1,138,771 $ 896,507 $ 958,702 $ 180,069 84% 13 Packet Pg. 96 1 I 7.4.a I Page 2 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent CITY CLERK SALARIES AND WAGES $ 376,214 $ 332,212 $ 367,212 $ 9,002 98% BENEFITS 156,718 147,060 149,762 6,956 96% SUPPLIES 10,240 2,465 3,498 6,742 34% SMALL EQUIPMENT - 4,024 2,682 (2,682) 0% PROFESSIONAL SERVICES 37,410 28,368 23,843 13,567 64% COMMUNICATIONS 40,000 24,997 17,109 22,891 43% TRAVEL 2,000 497 6 1,994 0% RENTAL/LEASE 63,850 46,782 47,856 15,994 75% REPAIRS&MAINTENANCE 32,530 50,240 49,303 (16,773) 152% MISCELLANEOUS 8,000 10,049 6,101 1,899 76% $ 726,962 $ 646,693 $ 667,373 $ 59,589 92% FINANCE SALARIES $ 870,882 $ 781,048 $ 869,021 $ 1,861 100% OVERTIME 4,500 - - 4,500 0% BENEFITS 289,923 266,743 240,697 49,226 83% SUPPLIES 7,350 5,793 5,110 2,240 70% SMALL EQUIPMENT 2,650 579 66 2,584 2% PROFESSIONAL SERVICES 9,300 1,725 1,518 7,782 16% COMMUNICATIONS 2,000 1,116 713 1,287 36% TRAVEL 3,100 2,371 - 3,100 0% RENTAL/LEASE 50,048 47,291 53,005 (2,957) 106% REPAIR/MAINTENANCE 41,480 42,499 43,963 (2,483) 106% MISCELLANEOUS 8,350 12,396 5,581 2,769 67% $ 1,289,583 $ 1,161,563 $ 1,219,675 $ 69,908 95% CITY ATTO RNEY PROFESSIONAL SERVICES $ 912,540 $ 777,372 $ 789,302 $ 123,238 86% $ 912,540 $ 777,372 $ 789,302 $ 123,238 86% NON -DEPARTMENTAL SALARIES $ 101,750 $ - $ - $ 101,750 0% BENEFITS -UNEMPLOYMENT 50,000 31,218 1,254 48,746 3% SUPPLIES 5,000 4,800 3,981 1,019 80% PROFESSIONAL SERVICES 11,009,120 9,604,564 9,537,016 1,472,104 87% EXCISE TAXES 6,500 7,568 14,622 (8,122) 225% RENTAL/LEASE 15,249 11,372 13,989 1,260 92% INSURANCE 394,124 436,448 393,746 378 100% MISCELLANEOUS 91,774 71,999 102,947 (11,173) 112% CONTRIBUTION TO ECA 75,000 75,000 75,000 - 100% INTERFUND SUBSIDIES 3,266,993 1,245,579 834,033 2,432,960 26% GENERAL OBLIGATION BOND 168,850 131,516 - 168,850 0% INTEREST ON LONG-TERM DEBT 137,250 10,311 69,285 67,965 50% FISCAL AGENT FEES 500 218 212 288 42% $ 15,322,110 $ 11,630,592 $ 11,046,084 $ 4,276,026 72% 14 Packet Pg. 97 I 7.4.a I Page 3 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent PO LIC E S ERVIC ES SALARIES $ 6,968,887 $ 5,978,609 $ 6,326,496 $ 642,391 91% OVERTIME 461,280 640,712 523,433 (62,153) 113% HOLIDAY BUYBACK 262,020 201,281 233,372 28,648 89% BENEFITS 2,769,042 2,404,189 2,548,129 220,913 92% UNIFORMS 80,750 85,595 56,903 23,847 70% SUPPLIES 90,500 83,715 72,304 18,196 80% SMALL EQUIPMENT 127,739 103,339 115,311 12,428 90% PROFESSIONAL SERVICES 224,548 215,561 156,266 68,282 70% COMMUNICATIONS 36,000 35,591 36,450 (450) 101% TRAVEL 29,310 34,673 7,417 21,893 25% RENTAL/LEASE 826,124 840,138 750,488 75,636 91% REPAIR/MAINTENANCE 15,180 10,150 5,515 9,665 36% MISCELLANEOUS 60,350 43,383 30,638 29,712 51% $ 11,951,730 $ 10,676,934 $ 10,862,724 $ 1,089,006 91% COMMUNITY S ERVIC ES /EC 0 N DEV. SALARIES $ 357,423 $ 240,459 $ 321,554 $ 35,869 90% OVERTIME - - 93 (93) 0% BENEFITS 114,637 73,573 87,040 27,597 76% SUPPLIES 7,475 6,457 6,961 514 93% SMALL EQUIPMENT 4,173 - 3,321 852 80% PROFESSIONAL SERVICES 214,400 196,196 95,133 119,267 44% COMMUNICATIONS 2,975 1,249 1,822 1,153 61 % TRAVEL 2,000 - 1,020 980 51% RENTAL/LEASE 13,410 11,094 10,814 2,596 81% REPAIR/MAINTENANCE 10,500 - - 10,500 0% MISCELLANEOUS 9,500 5,083 4,297 5,203 45% MACHINERY/EQUIPMENT 25,000 - - 25,000 0% $ 761,493 $ 534,111 $ 532,055 $ 229,438 70% DEVELOPMENT SERVICES/PLANNING SALARIES $ 1,760,943 $ 1,496,536 $ 1,564,613 $ 196,330 89% OVERTIME 1,300 9,002 13,685 (12,385) 1053% BENEFITS 658,292 571,678 568,092 90,200 86% UNIFORMS 500 - - 500 0% SUPPLIES 17,100 10,880 6,321 10,779 37% SMALL EQUIPMENT 7,300 5,796 2,404 4,896 33% PROFESSIONAL SERVICES 886,518 300,489 153,902 732,616 17% COMMUNICATIONS 9,000 7,794 9,759 (759) 108% TRAVEL 6,800 9,918 228 6,572 3% RENTAL/LEASE 170,234 131,518 155,250 14,984 91% REPAIRS&MAINTENANCE 6,800 3,439 2,928 3,872 43% MISCELLANEOUS 58,060 33,521 42,146 15,914 73% $ 3,582,847 S 2,580,570 $ 2,519,329 $ 1,063,518 70% ENGINEERING SALARIES $ 1,772,804 $ 1,560,001 $ 1,589,888 $ 182,916 90% OVERTIME 5,000 7,133 3,012 1,988 60% BENEFITS 701,327 637,227 640,510 60,817 91% UNIFORMS 450 298 256 194 57% SUPPLIES - 32 - - 0% SMALL EQUIPMENT 2,200 552 868 1,332 39% PROFESSIONAL SERVICES 188,840 1,961 1,530 187,310 1% COMMUNICATIONS 19,600 13,354 13,927 5,673 71% TRAVEL 600 1,043 134 466 22% RENTAL/LEASE 134,995 111,785 121,034 13,961 90% REPAIR/MAINTENANCE 2,600 - 769 1,831 30% MISCELLANEOUS 80,000 55,307 32,813 47,187 41% $ 2,908,416 $ 2,388,692 $ 2,404,742 $ 503,674 83% O s?. d C O C LL t r� C O 2 O N O N L N E CD Z 15 Packet Pg. 98 I 7.4.a I Page 4 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DEr'AIL 2020 Amended 11/30/2019 11/30/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS & REC REATIO N SALARIES $ 2,272,394 $ 1,861,308 $ 1,833,064 $ 439,330 81% OVERTIME 10,000 20,286 4,738 5,262 47% BENEFITS 864,290 706,785 680,228 184,062 79% UNIFORMS 6,275 5,898 5,367 908 86% SUPPLIES 137,390 142,530 137,731 (341) 100% SMALL EQUIPMENT 10,900 5,486 7,925 2,975 73% PROFESSIONAL SERVICES 620,765 399,086 173,972 446,793 28% COMMUNICATIONS 31,370 22,398 16,212 15,158 52% TRAVEL 5,270 5,276 50 5,220 1% RENTAL/LEASE 268,945 250,368 250,790 18,155 93% PUBLIC UTILITY 230,507 199,956 172,905 57,602 75% REPAIR/MAINTENANCE 29,700 34,334 16,593 13,107 56% MISCELLANEOUS 98,110 75,484 34,660 63,450 35% MACHINERY/EQUIPMENT 9,053 - 9,053 0 100% CONSTRUCTION PROJECTS 10,296 0% $ 4,594,969 $ 3,739,491 $ 3,343,289 $ 1,251,680 73% PUBLIC WORKS ADMINISTRATION SALARIES $ 380,790 $ 265,825 $ 272,451 $ 108,339 72% OVERTIME 200 339 - 200 0% BENEFITS 131,041 93,494 95,779 35,262 73% SUPPLIES 8,600 4,063 3,702 4,898 43% SMALL EQUIPMENT 1,000 2,115 264 736 26% PROFESSIONAL SERVICES 200 97 136 64 68% COMMUNICATIONS 1,350 617 628 722 47% TRAVEL 500 1,427 - 500 0% RENTAL/LEASE 97,295 82,496 88,031 9,264 90% PUBLIC UTILITY 3,318 2,747 2,886 432 87% REPAIR/MAINTENANCE 1,000 - - 1,000 0% MISCELLANEOUS 4,900 975 1,505 3,395 31% $ 630,194 $ 454,194 $ 465,382 $ 164,812 74% FACILITIES MAINTENANCE SALARIES 787,257 702,845 722,238 65,019 92% OVERTIME 7,500 6,366 5,067 2,433 68% BENEFITS 348,852 309,019 308,988 39,864 89% UNIFORMS 3,000 4,666 14,432 (11,432) 481% SUPPLIES 112,000 143,065 138,565 (26,565) 124% SMALL EQUIPMENT 3,000 5,222 10,785 (7,785) 359% PROFESSIONAL SERVICES 977,444 237,679 963,083 14,361 99% COMMUNICATIONS 16,000 18,160 20,990 (4,990) 131% TRAVEL 1,000 6 - 1,000 0% RENTAL/LEASE 55,940 51,898 48,048 7,893 86% PUBLIC UTILITY 297,700 283,282 272,938 24,762 92% REPAIR/MAINTENANCE 143,460 452,572 494,576 (351,116) 345% MISCELLANEOUS 5,000 3,153 1,802 3,198 36% CONST RUCT ION PROJECTS 1,000,000 - - 1,000,000 0% $ 3,758,153 $ 2,217,933 $ 3,001,512 $ 756,641 80% TOTAL GENERAL FUND EXPENDITURES $ 49,044,056 $ 38,835,500 $ 38,995,588 $ 10,048,468 80% O Q. d C O C IL Z C O 2 O N O N L N E CD Z 16 Packet Pg. 99 I 7.4.a I City of Edmonds, WA Monthly Revenue Summary -General Fund 2020 General Fund Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance % January $ 2,268,581 $ 2,268,581 $ 2,376,947 4.78% February 4,691,156 2,422,575 4,730,574 0.84% March 7,266,925 2,575,769 7,100,593 -2.29% April 10,693,016 3,426,091 9,435,773 -11.76% May 19,106,833 8,413,817 17,528,670 -8.26% June 21,647,958 2,541,125 19,628,003 -9.33% July 23,877,416 2,229,458 22,424,193 -6.09% August 26,676,562 2,799,147 24,769,057 -7.15% September 28,994,637 2,318,075 26,979,585 -6.95% October 32,807,785 3,813,148 30,980,306 -5.57% November 41,358,293 8,550,508 39,391,635 -4.76% December 43,803,858 2,445,565 City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2020 Real Estate Excise Tax 1 & 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 193,769 $ 193,769 $ 323,203 66.80% February 345,606 151,837 496,485 43.66% March 547,140 201,534 685,999 25.38% April 740,550 193,410 857,110 15.74% May 973,673 233,123 998,087 2.51% June 1,219,609 245,935 1,240,599 1.72% July 1,532,815 313,206 1,463,854 -4.50% August 1,804,669 271,854 1,739,374 -3.62% September 2,081,138 276,470 2,115,408 1.65% October 2,301,037 219,898 2,574,968 11.90% November 2,520,239 219,202 2,993,059 18.76% December 2,700,000 179,761 *The monthly budget forecast columns are based on a five-year average. O Q. d C C E 21 t a O 2 O N O N L N .0 G CD O Z 17 Packet Pg. 100 1 SALES TAX SUMMARY I 7.4.a I Sales Tax Analysis By Category Current Period: November 2020 Year -to -Date Total $7,523,231 Automotive Repair, Health & Personal Care, $172 365 $227,881 ' Construction Trade, Accommodation, $1,177,901 $27,083 Clothing and Accessories, $223,347 Communications, $215,305 Wholesale Trade, $256,775 Misc Retail, $1,389,458 Others, $153,253 Amusement & Recreation, $44,061 Business Services, $779,765 Gasoline, $34,618 Retail Food Stores, iii $299,009 L Retail Automotive, $1,654,759 Manufacturing, $92,206 Eating & Drinking, $775,445 Annual Sales Tax Revenue 10,000,000 7 395 114 $8,406,296 $8,452,715 8,000,000 $7,523,231 $6,741,838 $6,905,122 $5,840,764 6,000,000 4,000,000 2,000, 000 0 201 2015 2016 2017 2018 2019 YTD 2020 F 0 Ta c c ii c 0 2 0 N O N a� E a� 0 z 18 Packet Pg. 101 1 City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2020 Sales and Use Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 634,902 $ 634,902 $ 692,248 9.03% February 1,436,667 801,765 1,539,597 7.16% March 2,031,860 595,193 2,187,876 7.68% April 2,597,573 565,713 2,691,601 3.62% May 3,324,621 727,048 3,191,797 -4.00% June 3,990,697 666,076 3,761,924 -5.73% July 4,697,452 706,756 4,450,258 -5.26% August 5,482,731 785,279 5,184,289 -5.44% September 6,213,489 730,757 5,920,380 -4.72% October 6,961,050 747,562 6,719,684 -3.47% November 7,750,015 788,965 7,523,231 -2.93% December 8,450,000 699,985 Gas Utility Tax Sales and Use Tax 12,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --b­ Current Year Budget Prior Year City of'Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2020 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 81,408 $ 81,408 $ 82,496 1.34% February 168,408 87,000 177,747 5.55% March 245,012 76,604 260,308 6.24% April 308,737 63,725 337,848 9.43% May 358,094 49,357 395,193 10.36% June 392,813 34,720 430,775 9.66% July 419,421 26,607 463,305 10.46% August 441,879 22,458 489,325 10.74% September 462,623 20,744 510,729 10.40% October 486,497 23,874 535,796 10.13% November 524,782 38,285 571,050 8.82% December 579,600 54,818 Gas Utility Tax 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Yeaz Budget Prior Yeaz *The monthly budget forecast columns are based on a five-year average. 19 Packet Pg. 102 I 7.4.a I City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2020 Telephone Utility Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 79,271 $ 79,271 $ 70,129 -11.53% February 154,920 75,649 134,128 -13.42% March 224,811 69,891 191,257 -14.93% April 298,919 74,108 254,236 -14.95% May 365,795 66,876 309,632 -15.35% June 433,375 67,580 361,422 -16.60% July 497,866 64,491 424,830 -14.67% August 563,527 65,661 479,371 -14.93% September 631,163 67,636 528,163 -16.32% October 697,753 66,590 579,582 -16.94% November 761,530 63,777 606,633 -20.34% December 823,900 62,370 Electric Utility Tax 1,000,000 Telephone Utility Tax 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 ir 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2020 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 176,332 $ 176,332 $ 179,486 1.79% February 369,755 193,422 371,370 0.44% March 530,960 161,206 535,467 0.85% April 710,778 179,818 710,200 -0.08% May 852,710 141,933 854,417 0.20% June 974,520 121,810 970,402 -0.42% July 1,088,754 114,233 1,091,103 0.22% August 1,199,457 110,703 1,214,761 1.28% September 1,311,314 111,857 1,316,801 0.42% October 1,428,233 116,919 1,430,598 0.17% November 1,552,157 123,924 1,540,846 -0.73% December 1,684,800 132,643 Electric Utility Tax 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -0- Current Year Budget - Prior Year *The monthly budget forecast columns are based on a five-year average. 20 Packet Pg. 103 I 7.4.a I City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2020 Meter Water Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 804,719 $ 804,719 $ 737,298 -8.38% February 1,363,439 558,720 1,256,012 -7.88% March 2,170,455 807,015 2,048,593 -5.61% April 2,696,703 526,248 2,538,466 -5.87% May 3,481,516 784,813 3,275,201 -5.93% June 4,099,586 618,070 3,855,044 -5.97% July 5,087,366 987,780 4,682,817 -7.95% August 5,941,343 853,977 5,382,918 -9.40% September 7,092,152 1,150,809 6,403,521 -9.71% October 7,892,798 800,646 7,186,022 -8.95% November 8,818,044 925,246 8,061,987 -8.57% December 9,384,958 566,914 City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2020 Storm Water Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 355,919 $ 355,919 $ 348,012 1.79% February 1,125,592 769,673 1,101,727 0.44% March 1,480,771 355,179 1,449,754 0.85% April 1,795,425 314,654 1,758,968 -0.08% May 2,150,929 355,505 2,107,634 0.20% June 2,466,536 315,606 2,417,745 -0.42% July 2,822,237 355,701 2,766,634 -1.97% August 3,592,736 770,499 3,521,551 -1.98% September 3,947,537 354,801 3,869,253 -1.98% October 4,262,734 315,197 4,179,529 -1.95% November 4,618,388 355,654 4,527,535 -1.97% December 4,921,433 303,045 Storm Water Sales 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 11000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --6-- Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. ZZ Packet Pg. 104 I 7.4.a I City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2020 Unmeter Sewer Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 843,972 $ 843,972 $ 792,168 -6.14% February 1,528,418 684,445 1,457,427 -4.64% March 2,368,523 840,105 2,253,756 -4.85% April 3,057,434 688,911 2,905,227 -4.98% May 3,904,796 847,362 3,666,165 -6.11% June 4,601,743 696,947 4,301,071 -6.53% July 5,475,901 874,158 5,076,023 -7.30% August 6,170,772 694,871 5,723,561 -7.25% September 7,057,714 886,942 6,520,644 -7.61% October 7,759,947 702,233 7,174,847 -7.54% November 8,620,364 860,417 7,966,021 -7.59% December 9,307,969 687,605 Unmeter Sewer Sales 10,000,000 9,000,000 8,000,000 - 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 Ir 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 22 Packet Pg. 105 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -General Fund 2020 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 5,642,749 $ 5,642,749 $3,641,481 -35.47% February 8,910,266 3,267,517 7,564,087 -1S.11% March 12,507,763 3,597,497 10,796,906 -13.68% April 16,723,319 4,215,556 13,318,642 -20.36% May 19,875,327 3,152,008 17,123,820 -13.84% June 24,725,220 4,849,893 21,049,664 -14.87% July 28,663,754 3,938,534 24,352,711 -15.04% August 32,968,461 4,304,707 27,602,216 -16.28% September 36,464,588 3,496,127 31,099,506 -14.71% October 40,092,243 3,627,655 35,443,149 -11.60% November 44,563,572 4,471,329 38,995,587 -12.49% December 49,044,056 4,480,484 City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2020 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 2,923,229 $ 2,923,229 $ 1,280,852 -56.18% February 3,405,897 482,668 2,717,261 -20.22% March 4,567,146 1,161,249 3,569,389 -21.85% April 6,398,890 1,831,744 3,731,670 -41.68% May 6,709,824 310,934 5,129,301 -23.56% June 8,510,257 1,800,433 6,488,886 -23.75% July 9,528,179 1,017,922 7,237,544 -24.04% August 10,974,933 1,446,754 8,074,263 -26.43% September 11,879,864 904,931 8,970,365 -24.49% October 12,546,369 666,505 10,148,912 -19.11% November 14,100,020 1,553,651 11,046,084 -21.66% December 15,322,110 1,222,090 Non -Departmental 16,000,000 14,000,000 12,000,000 10,000,000 /• 8,000,000 �- 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --ft— Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O Q. d C C LL t C O O N O N L d .0 G CD O Z 23 Packet Pg. 106 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -City Council 2020 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 26,361 $ 26,361 $ 23,825 -9.62% February 54,130 27,769 55,625 2.76% March 88,475 34,345 81,971 -7.35% April 119,273 30,799 106,847 -10.42% May 158,791 39,518 133,074 -16.20% June 205,911 47,121 160,080 -22.26% July 239,007 33,095 186,441 -21.99% August 285,476 46,469 212,640 -25.51% September 323,555 38,079 239,066 -26.11% October 346,924 23,369 266,797 -23.10% November 382,373 35,449 291,826 -23.68% December 418,912 36,539 City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2020 Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 25,001 $ 25,001 $ 28,750 15.00% February 50,898 25,897 60,151 18.18% March 76,062 25,164 87,486 15.02% April 101,769 25,706 114,642 12.65% May 126,945 25,177 142,030 11.88% June 151,749 24,804 169,276 11.55% July 177,563 25,814 196,288 10.55% August 203,939 26,376 222,950 9.32% September 229,480 25,541 249,862 8.88% October 254,419 24,939 276,971 8.86% November 279,429 25,010 303,765 8.71% December 306,685 27,256 Office of Mayor 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 0.00 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget - -Prior Year *The monthly budget forecast columns are based on a five-year average. 24 Packet Pg. 107 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2020 Human Resources Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance % January $ 59,451 $ 59,451 $ 68,346 14.96% February 117,267 57,816 134,278 14.51% March 178,196 60,929 184,385 3.47% April 229,767 51,571 233,118 1.46% May 284,932 55,165 283,462 -0.52% June 355,895 70,963 335,262 -5.80% July 411,216 55,322 378,306 -8.00% August 469,554 58,338 423,682 -9.77% September 531,309 61,755 476,486 -10.32% October 590,790 59,481 535,390 -9.38% November 649,771 58,981 589,830 -9.22% December 740,691 90,920 Municipal Court Human Resources 800,000 700,000 600,000 500,000 400,000 300,000 - 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Yeaz Budget Prior Year City of'Edmonds, WA Monthly Expenditure Report -Municipal Court 2020 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 86,636 $ 86,636 $ 79,231 -8.55% February 180,238 93,602 166,073 -7.86% March 272,302 92,065 249,701 -8.30% April 365,299 92,996 331,047 -9.38% May 465,516 100,217 422,932 -9.15% June 553,704 88,188 507,527 -8.34% July 646,093 92,389 595,161 -7.88% August 743,853 97,760 681,851 -8.34% September 834,912 91,059 775,370 -7.13% October 934,920 100,009 872,107 -6.72% November 1,028,111 93,191 958,702 -6.75% December 1,138,771 110,660 Municipal Court 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -0---CurrentYeaz Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. 25 Packet Pg. 108 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2020 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 49,169 $ 49,169 $ 40,001 -18.65% February 106,160 56,991 82,357 -22.42% March 165,380 59,220 123,069 -25.58% April 227,893 62,513 165,175 -27.52% May 286,048 58,155 210,066 -26.56% June 342,978 56,930 258,279 -24.70% July 404,684 61,706 309,288 -23.57% August 472,943 68,259 360,249 -23.83% September 532,197 59,254 408,834 -23.18% October 597,110 64,914 457,484 -23.38% November 667,285 70,174 532,055 -20.27% December 761,493 94,208 City of Edmonds, WA Monthly Expenditure Report -City Clerk 2020 City Clerk Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 71,401 $ 71,401 $ 83,447 16.87% February 129,624 58,223 139,339 7.49% March 187,005 57,380 199,113 6.47% April 251,043 64,039 258,617 3.02% May 306,774 55,730 321,093 4.67% June 361,810 55,036 378,904 4.72% July 423,597 61,787 438,669 3.56% August 486,276 62,679 499,805 2.78% September 539,284 53,008 554,592 2.84% October 597,946 58,662 611,198 2.22% November 662,981 65,035 667,372 0.66% December 726,962 63,981 City Clerk 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 26 Packet Pg. 109 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Technology Rental Fund 2020 Technology Rental Fund Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 177,914 $ 177,914 $ 81,888 -53.97% February 334,463 156,549 291,582 -12.82% March 444,630 110,167 352,886 -20.63% April 528,740 84,111 396,588 -24.99% May 626,604 97,864 462,422 -26.20% June 728,444 101,840 540,328 -25.82% July 813,042 84,598 612,976 -24.61% August 911,499 98,456 699,095 -23.30% September 1,028,310 116,812 807,205 -21.50% October 1,126,888 98,577 859,114 -23.76% November 1,231,196 104,309 912,391 -25.89% December 1,454,784 223,588 City of Edmonds, WA Monthly Expenditure Report -Finance 2020 Finance Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance % January $ 124,756 $ 124,756 $ 148,549 19.07% February 235,691 110,935 251,089 6.53% March 337,197 101,506 353,610 4.87% April 438,143 100,947 456,877 4.28% May 539,685 101,542 562,662 4.26% June 639,437 99,752 795,796 24.45% July 7S0,562 111,125 879,925 17.24% August 854,084 103,522 964,589 12.94% September 970,025 115,941 1,050,712 8.32% October 1,081,072 111,048 1,133,433 4.84% November 1,184,488 103,415 1,219,675 2.97% December 1,289,583 105,095 Finance 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 27 Packet Pg. 110 ■ 7.4.a I City of Edmonds, WA Monthly Expenditure Report -City Attorney 2020 City Attorney Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 76,045 $ 76,045 $ 49,883 -34.40% February 1S2,090 76,045 142,611 -6.23% March 228,135 76,045 192,534 -1S.61% April 304,180 76,045 288,462 -5.17% May 380,225 76,045 359,660 -5.41% June 456,270 76,045 431,895 -5.34% July 532,315 76,045 503,028 -5.50% August 608,360 76,045 574,161 -S.62% September 684,405 76,045 646,093 -5.60% October 760,450 76,045 718,169 -5.56% November 836,495 76,045 789,302 -5.64% December 912,540 76,045 Police City Attorney 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*-- Current Year Budget � Prior Year City of'Edmonds, WA Monthly Expenditure Report -Police 2020 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 940,461 $ 940,461 $ 887,236 -5.66% February 1,891,364 950,903 1,893,712 0.12% March 2,844,400 953,036 2,821,483 -0.81% April 3,808,566 964,166 3,703,720 -2.75% May 4,764,870 956,304 4,601,807 -3.42% June 5,757,552 992,683 5,628,905 -2.23% July 6,727,081 969,529 6,748,449 0.32% August 7,664,129 937,048 7,666,496 0.03% September 8,620,478 956,349 8,693,795 0.85% October 9,688,901 1,068,423 9,682,005 -0.07% November 10,939,777 1,250,876 10,862,724 -0.70% December 11,951,730 1,011,953 Police 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget Prior Year *The monthly budget forecast columns are based on a five-year average. Z$ Packet Pg. 111 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Development Services 2020 Development Services Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 249,933 $ 249,933 $ 241,446 -3.40% February 530,487 280,S53 461,847 -12.94% March 820,192 289,705 685,780 -16.39% April 1,114,858 294,666 922,412 -17.26% May 1,418,144 303,286 1,151,071 -18.83% June 1,697,166 279,021 1,370,746 -19.23% July 1,991,793 294,627 1,608,527 -19.24% August 2,295,145 303,352 1,8S1,746 -19.32% September 2,593,333 298,188 2,083,333 -19.67% October 2,899,612 306,279 2,302,031 -20.61% November 3,239,495 339,883 2,519,329 -22.23% December 3,582,847 343,352 Parks & Recreation Development Services 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --*-- Current Yeaz Budget � Prior Year City of'Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2020 Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance % January $ 310,663 $ 310,663 $ 278,296 -10.42% February 633,218 322,555 596,263 -5.84% March 976,069 342,851 892,745 -8.54% April 1,332,232 356,164 1,186,533 -10.94% May 1,699,847 367,615 1,472,976 -13.35% June 2,069,338 369,491 1,756,039 -15.14% July 2,534,539 465,201 2,047,976 -19.20% August 3,070,105 535,567 2,368,204 -22.86% September 3,504,600 434,495 2,706,435 -22.77% October 3,876,641 372,041 3,011,118 -22.33% November 4,200,535 323,894 3,343,289 -20.41% December 4,594,969 394,434 Parks & Recreation 5,000,000 4,500,000 �4 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 29 Packet Pg. 112 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Public Works Administration 2020 Public Works Administration Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 51,939 $ 51,939 $ 41,796 -19.53% February 105,536 53,597 83,385 -20.99% March 157,916 52,379 125,953 -20.24% April 210,278 52,362 169,511 -19.39% May 262,800 52,522 212,944 -18.97% June 316,459 53,659 256,932 -18.81% July 370,954 54,495 298,731 -19.47% August 422,825 51,871 340,410 -19.49% September 472,902 50,077 382,165 -19.19% October 524,167 51,265 423,243 -19.25% November 575,881 51,714 465,382 -19.19% December 630,194 54,313 Facilities Maintenance Public Works Administration 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Yeaz Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2020 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 284,728 $ 284,728 $ 177,532 -37.65% February 585,426 300,698 353,835 -39.56% March 887,362 301,936 583,052 -34.29% April 1,181,106 293,744 781,557 -33.83% May 1,483,561 302,454 1,002,638 -32.42% June 1,740,520 256,959 1,175,527 -32.46% July 2,069,330 328,810 1,373,287 -33.64% August 2,371,409 302,079 1,592,675 -32.84% September 2,707,430 336,020 1,875,737 -30.72% October 3,011,628 304,199 2,799,364 -7.05% November 3,381,203 369,574 3,001,512 -11.23% December 3,758,153 376,950 Facilities Maintenance 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*-- Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 30 Packet Pg. 113 I 7.4.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2020 Engineering Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 219,750 $ 219,750 $ 212,290 -3.39% February 436,542 216,792 426,262 -2.35% March 671,678 235,136 646,635 -3.73% April 915,104 243,427 868,452 -5.10% May 1,155,255 240,151 1,118,106 -3.22% June 1,402,970 247,715 1,335,611 -4.80% July 1,656,398 253,428 1,551,091 -6.36% August 1,917,510 261,112 1,768,495 -7.77% September 2,156,951 239,441 1,986,661 -7.89% October 2,402,446 245,495 2,204,927 -8.22% November 2,635,839 233,393 2,404,742 -8.77% December 2,908,416 272,577 Engine a ring 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 31 Packet Pg. 114 I 7.4.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of November 30, 2020 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate Grant Cnty WA Bonds 4,014,120 0.09 4,000,000 4,003,640 01/01/21 1.47% First Financial CD 3,000,000 0.36 3,000,000 3,000,000 04/10/21 2.86% G Port of Seattle WA Bonds 273,305 0.42 270,000 271,553 05/01/21 2.23% 0- Grant Cnty WA Bonds 410,553 1.09 405,000 411,217 01/01/22 1.79% FFCB Bonds 1,998,548 1.54 2,000,000 2,051,676 06/14/22 1.88% v Energy Northwest Bonds 1,466,077 1.58 1,345,000 1,446,561 07/01/22 5.00% Energy Northwest Bonds 260,748 1.58 250,000 260,153 07/01/22 2.95% LL Mason & Kitsap Cnty WA Bonds 948,084 2.00 855,000 934,712 12/01/22 5.00% >, FHLB Bonds 3,000,000 2.08 3,000,000 3,004,101 12/30/22 1.79% C Grant Cnty WA Bonds 1,517,955 2.09 1,500,000 1,533,810 01/01/23 1.54% O Q Grant Cnty WA Bonds 576,332 2.09 520,000 571,038 01/01/23 5.00% O Seattle WA Muni Bonds 2,224,500 2.17 2,000,000 2,206,320 02/01/23 5.00% p FHLB Bonds 1,996,590 2.85 2,000,000 1,995,632 10/05/23 0.22% N L First Financial - ECA CD 2,803,516 2.96 2,803,516 2,803,516 11/15/23 2.10% .0 Kent WA Bonds 286,648 3.00 250,000 285,513 12/01/23 5.00% N Spokane County WA Bonds 259,075 4.01 250,000 264,790 12/01/24 2.10% p Z First Financial - Waterfront Center CD 2,000,000 6.92 2,000,000 2,000,000 11/01/27 1.68% TOTAL SECURITIES 27,036,049 2.17 26,448,516 27,044,230 r- O rL Washington State Local Gov't Investment Pool 23,170,739 23,170,739 Demand 0.16% Snohomish County Local Gov't Investment Pool 20,124,557 20,124,557 Demand 1.45% �p TOTAL PORTFOLIO $ 69,743,812 $ 70,339,525 M Port of Issuer Diversification Seattle Kent Seattle WA WA WA, 1%� Muni, 1% III 8% Mason & Fi rst KitsapCnty Financial - WA, 3% CD, 30% Grant Cnty WA, 24% � Spokane FHLB, 19% County Energ°� y 1 Northwest, FFCB, 8% 6% Cash and Investment Balances (in $ Millions) Checki ng, $7.1 , 9% Bonds, $18.6, 25% State LGIP, CD's, $7.8, $23.2, 30% 10% County LGIP, 32 Packet Pg. 115 1 INVESTMENT PORTFOLIO SUMMARY 7.4.a Annual Interest Income $1,400, 000 $1,200,000 $1,000,000 917 754 $865,812 $800,000 $653,690 $600,000 335 926 $423,816 $400,000 $200,000 - t $- 2015 2016 2017 2018 2019 YTD 2020 Edmonds Rate of Return Compared to Benchmark (Rolling 12 months) - - - 6 Month Treasury Rate (Benchmark) City Blended Rate 2.0 1.8 1.5 1.3 1.0 0.8 0.5 0.3 0.0 December ♦ `------------- - - - - -- - - - - February April June August October Maturity Distribution and Rate of Return $ 8,000, 000 4.00 % $ 7,000, 000 3.50% $ 6,000, 000 3.00 % $ 5,000, 000 2.50 % $4,000, 000 2.00% $3,000, 000 1.50% $ 2,000, 000 1.00 % $1,000,000 ' 0.50% $- — 0.00% 0-6 6-12 12-18 18-24 24-30 30-36 36-42 42-48 48-54 54-60 60-66 66-72 72-78 78-84 84-90 90-96 Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo O Q. d c c ii 21 t c O 2 O N O N L d G CD 0 z 33 Packet Pg. 116 1 GENERAL FUND OVERVIEW I 7.4.a I GENERAL FUND & SUBFUNDS 001-General Fund 009-Leoff-Medical Ins. Reserve 012-Contingency Reserve Fund 014-Historic Preservation Gift Fund 016-Building Maintenance 017 - Marsh Restoration & Preservation 018 -Edmonds Homelessness Response 019 - Edmonds Opioid Response Total General Fund & Subfunds FUND BALANCES Cya_1►lei a1►1111►191 1G1WG161[a] ---- ACTUAL ---- 12/31 /2019 9/30/2020 11 /30/2020 $ 15,552,187 $ 11,432,266 $ 15,948,234 $ 355,874 379,625 548,985 1,782,149 1,782,149 1,782,149 12,187 14,687 17,187 210,221 210,221 210,221 864,491 864,591 864,591 223,581 223,581 223,581 50,000 50,000 28,445 $ 19,050,690 $ 14,957,121 $ 19,623,393 $ ---- ACTUAL ---- F Q3 YTD a — m 396,04E (2,698,260) $ (36,566) Ta 193,11 ' c - 5,001 L, 100 10( �0 o N - (21,55! N L (2,734,726) $ 572,70, .00 E a� 0 *$2,000,000 of the General Fund Balance has been assigned by management for the development of Civic Field. -1- *$7,720,000 of the fund balance in Fund 001 added to the $1,782,149 balance in Fund 012, represent the required 20% operating reserve. General Fund & Subfunds 21 - 18 General Fund 15 $9 33 $9 90 & Subfunds 12 $5.24 General Fund c Operating Reserve = 9 ■ Civic Field 6 $7.72 $7.72 $ .72 3 $2.00 $2.00 Dec 2019 Sept 2020 Nov 2020 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 34 Packet Pg. 117 7.4.a GOVERNMENTAL FUNDS OVERVIEW CHANGE IN FUND FUND BALANCES BALANCES GOVERNMENTAL ---- ACTUAL ---- FUNDS ---- ACTUAL ---- 12/31 /2019 9/30/2020 11 /30/2020 Q3 YTD General Fund & Subfunds $ 19,050,690 $ 14,957,121 $ 19,623,393 $ (2,734,726) $ 572,70: Special Revenue 10,622,237 10,235,228 10,687,629 (661,506) 65,392 a Debt Service - (0) 405,296 - m 405,29E Capital Projects 6,443,150 6,878,746 6,513,227 516,124 7a 70,077 c Total Governmental Funds $ 36,116,078 $ 32,071,095 $ 37,229,545 $ (2,880,107) $ 1,113,46-1 ii 21 c O 2 0 N O N Governmental Fund Balances -By Fund Group Governmental Fund Balances - L Combined E O Z 21 40 _ .. 0 $19.62 $19.05 $36.12 $37.23 O 18 --*--General 35 $ 32.07 m / Fund & 30 v 15 $14.96 Subfunds C cc c --a—Special 25 jy r- 12 Revenue c >+ = o_ t $10.69 20 Debt 9 Service 15 N 6 $6.51 N --)(---Capital 10 d Projects E 3 5 O Z _ $ $0.41 Dec 2019 Sept 2020 Nov 2020 Dec 2019 Sept 2020 Nov 2020 O E t c� cc Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 35 Packet Pg. 118 7.4.a SPECIAL REVENUE FUNDS OVERVIEW FUND BALANCES CHANGE IN FUND BALANCE; GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- SPECIAL REVENUE 12/31/2019 9/30/2020 11/30/2020 Q3 YTD 104 - Drug Enforcement Fund $ 39,839 $ 73,859 $ 73,996 $ (3,552) $ 34,157 1 1 1 - Street Fund 1,298,473 1,067,380 1,223,825 (21,067) (74,64E 112- Combined Street Const/Improve 1,421,769 2,127,421 2,121,351 (70,068) 699,581 117 - Municipal Arts Acquis. Fund 634,011 646,333 681,329 (912) 47,31 f a 118 - Memorial Street Tree 19,785 20,222 20,259 210 474 0 120 - Hotel/Motel Tax Revenue Fund 93,013 101,933 102,438 5,742 9,424 121 -Employee Parking Permit Fund 86,844 98,101 98,557 1,114 11,71� 122 - Youth Scholarship Fund 13,600 13,443 13,770 139 16� 123 -Tourism Promotional Fund/Arts 72,101 85,168 82,211 4,363 10,10� jL 125 -Real Estate Tax 2 2,625,364 2,572,735 2,696,073 65,414 70,70� 2' 126 - Real Estate Excise Tax 1 2,486,325 2,347,350 2,579,332 169,411 93,007 127 - Gifts Catalog Fund 332,255 312,548 299,162 (25,442) (33,09c 20 130 - Cemetery Maintenance/Improvement 260,685 239,431 210,856 (15,694) (49,82� c 136 - Parks Trust Fund 163,071 166,670 166,977 1,728 3,90E o 137 - Cemetery Maintenance Trust Fund 1,053,314 1,086,243 1,090,874 15,362 N 37,56C 138 - Sister City Com m ission 10,129 12,868 10,387 134 25� 140 -Business Improvement Disrict 11,546 28,653 34,557 9,188 23,011 141 -Affordable and Supportive Housing Fd 112 51,036 64,895 18,589 64,78: o 142 - Edmonds Cares Fund - (816,165) (883,220) (816,165) (883,22C Z Total Special Revenue $ 10,622,237 $ 10,235,228 $ 10,687,629 1 $ (661,506) $ 65,392 *$200,000 of the fund balance in Fund 125 has been reserved for Marsh Restoration Funding Special Revenue Funds 12 10 8 - Ln c 6 ■ Special $10.42 $10.04 $10.49 Revenue 4 ■ Fund 125 - Marsh 2 _ Restoration Funding Dec 2019 Sept 2020 Nov 2020 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 36 Packet Pg. 119 ENTERPRISE FUNDS OVERVIEW I 7.4.a I ENTERPRISE FUNDS 421 -Water Utility Fund 422 - Storm Utility Fund 423 - Sewer/WWTP Utility Fund 424 - Bond Reserve Fund 411 -Combined Utility Operation Total Enterprise Funds FUND BALANCE: ---- ACTUAL ---- 12/31 /2019 9/30/2020 $ 23,049,550 $ 22,426,629 12,607,151 10,936,388 46,572,051 45,952,697 843,961 843,970 - 31,765 $ 83,072,713 $ 80,191,449 11 /30/2020 $ 22,890,499 10,911,275 59,684,593 843,972 32,085 $ 94,362,424 CHANGE IN FUND ---- ACTUAL ---- $ (282,055) $ (585,741) (1,627,394) 3 1,055 $ (2,494,132) $ *$250,000 of the Storm Utility Fund Balance has been reserved for Marsh Restoration Funding Enterprise and Agency Fund Balances as of November 30, 2020 65,000,000 60,000,000 $59,684,593 55,000,000 50,000,000 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 $22,890,499 20,000,000 15,000,000 10,000,000 $1 1 275 5,000,000 $32,085 843,972 0 $250,000 $126,068 Combined Utility Water Storm Storm - Marsh Sewer/WWTP Bond Reserve Firemen's Restoration Funding Pension Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. (159,051 (1,695,87E 13,112,541 0 11 m 32,08E 11,289,711 c ii 21 t c O 2 0 N O N L E a� O Z 37 Packet Pg. 120 SUMMARY OVERVIEW I 7.4.a I FUND BALANCES CITY-WIDE ---- ACTUAL ---- 12/31 /2019 9/30/2020 11 /30/2020 Governmental Funds $ 36,116,077 $ 32,071,095 $ 37,229,545 $ Enterprise Funds 83,072,713 80,191,449 94,362,424 Internal Services Fund 10,803,067 11,538,939 9,919,670 Agency Funds 146,733 139,708 126,068 Total City-wide Total $130,138,590 $123,941,191 $141,637,707 $ CHANGE IN FUND BALANCES ---- ACTUAL ---- Q3 YTD (2,880,107) $ 1,113,46E a (2,494,132) 11,289,711 279,306 (883,397 .� (15,108) (20,66E (5,110,042) $ 11,499,11E IE 21 c 0 2 0 N O Governmental Fund Balances (Excluding General Fund) as of November 30, 2020 L' Drug Enforcement Fund Street Fund Combined Street ConsUlmprove Fund Municipal Arts Acquis. Fund Memorial Street Fund Hotel/Motel Tax Revenue Fund Employee Parking Permit Fund Youth Scholarship Fund Tourism Promotional Fund/Arts Real Estate Excise Tax 2 Real Estate Excise Tax 1 Gifts Catalog Fund Cemetery Maintenance/Improvement Parks Trust Fund Cemetery Maintenance Trust Fund Sister City Commission Business Improvement District Affordable and Supportive Housing Fund Edmonds Cares Fund $(883,220) Parks Capital Construction Fund $73,996 $11,223,825 � $2,121, 51 � $681,329 $20,259 $102,438 $98,557 $13,770 $82,211 $299,162 $210,856 $166,977 $1�090,874 $10,387 $34,557 $64,895 $2,696,073 21579,332 $6,513,227 $- $1,500,000 $3,000,000 $4,500,000 $6,000,000 $7,500,000 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 38 Packet Pg. 121 INTERNAL SERVICE FUNDS OVERVIEW 1 7.4.a I INTERNAL SERVICE FUNDS 511 - Equipment Rental Fund 512 -Technology Rental Fund Total Internal Service Funds 12,000,00 10,000,00 8,000, 00 6,000, 00 4,000, 00 2,000, 000 FUND BALANCES ---- ACTUAL ---- 12/31 /2019 9/30/2020 11 /30/2020 $ 10,016,269 $ 10,654,871 $ 8,878,360 $ 786,798 884,068 1,041,310 $ 10,803,067 $ 11,538,939 $ 9,919,670 1 $ Internal Service Fund Balances 5 10,654,871 786.798 �$884,068 Dec 2019 Sept 2020 $8,878,360 1,041,310 Nov 2020 CHANGE IN FUND BALANCES ---- ACTUAL ---- Q3 YTD 242,460 $ (1,137,90£ 0 36,845 254,512 279,306 $ (883,391 c ii 21 c 0 2 0 N O N L a) I_ 0 z ■ 511- Equipment Rental Fund i ■ 512 - Technology Rental Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 39 Packet Pg. 122 1 7.5 City Council Agenda Item Meeting Date: 01/19/2021 Frances Anderson Center Tenant Building Use Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History There are six (6) organizations that lease space and enhance the community offerings in Edmonds at the Frances Anderson Center (FAQ one (1) child care provider - Main Street Kids, one (1) preschool - Edmonds Montessori, two (2) art based programs - Edmonds Arts Festival Foundation and Sculptor's Workshop and two (2) recreation based programs - Olympic Ballet and Sno-King Youth Club. In prior years, each tenant was issued a building use agreement outlining terms and conditions and setting an annual payment per square foot of usage, utilities and leasehold tax if applicable. Annual adjustments tc the rates are calculated based on the most recent CPI index for our region. Historically these agreements were drafted and authorized by the Director of Parks, Recreation and Cultural Services. In 2020 it was determined they should be brought before Council for authorization. The agreements were approved by the Parks and Public Works Committee on January 12, 2021. Staff Recommendation Approve on Consent authorizing the Mayor to sign each agreement. Narrative COVID-19 has been particularly hard on many of the tenants in large part due to the closure of the Frances Anderson Center to the public. The Center closed in March 2020 and remains closed to the public in January 2021. Tenants are allowed in the building however they must follow strict safety guidelines often limiting their ability to generate revenue. In April 2020 Council authorized a tenant relief program allowing the Department Director to temporarily suspend lease obligations (through August 2020). All but the child care provider took advantage of this program. To date only one tenant is unable to fulfill their full lease obligations, however they have plans to remedy the back payment when programming resumes. Attached are six (6) building use agreements; each has been approved by Legal and the Tenant. Due to the COVID-19 impacts on tenants and the prolonged closure of the building, staff requests that the price per square foot in each lease agreement remain the same as it was in 2020 thus keeping all lease payments flat (see attached matrix). Further, the staff requests authority to suspend and/or reduce required payments due to any significant closure of the building to the public. Specifically, any prolonged closure which results in the inability of the tenant to conduct business. The related proposed revised language can be found in the final Packet Pg. 123 7.5 paragraph of each agreement. Finally, several tenants have requested multi -year arrangements, these terms are also outlined on the matrix attached. Lease payments will continue to be updated annually based on the CPI Index regardless of the building use agreement term. Tenants are as follows: Edmonds Arts Festival Foundation - gallery space near the entrance - 3 year agreement Edmonds Montessori - 100 level classrooms - 3 year agreement Toddle Time's Main Street Kids - 100 level classrooms - 5 year agreement Olympic Ballet - 100 & 300 level classrooms - 1 year agreement Sculptor's Workshop - 200 level classrooms - 1 year agreement Sno-King Youth Club - 100 level office space - 3 year agreement Attachments: 2021 FAC Lease Rates Proposed EAFF Building Use Agreement 2021 Edmonds Montessori Building Use Agreement 2021 MSK Building Use Agreement 2021 Olympic Ballet Building Use Agreement 2021 Sculptors Workshop Building Use Agreement 2021 SnoKing Building Use Agreement 2021 Packet Pg. 124 Frances Anderson Center Proposed Monthly Lease Payment Calculations 2021 7.5.a 2021 FAC TENANTS Sq ft Per sq ft rate Rate per sq ft increase Lease Payment Water Heat/Lights Leasehold Tax Total per month Late Fee .015 Proposed Term EDMONDS ARTS FESTIVAL MUSEUM 571.5 $ 1.012770 $0.00 $578.80 $ 30.00 NA $608.80 $ 9.13 3 yrs EDMONDS MONTESSORI 2,016.0 $ 1.012770 $0.00 $2,041.74 $25.00 $ 30.00 $ 262.16 $2,358.90 $35.38 3 yrs MAIN STREET KIDS DAY CARE CTR 4,884.0 $ 1.012770 $0.00 $4,946.37 $80.00 $ 70.00 $ 635.11 $5,731.48 $85.97 5 yrs OLYMPIC BALLET $4,569.89 $30.00 $ 70.00 $ 594.09 $ 5,263.98 $78.96 1 yr 100 rooms (122 & 124) 2,017.0 $ 1.012770 $0.00 $2,042.76 $30.00 $ 70.00 $ 265.56 $ 2,408.32 300 rooms (300, 302, 303, 304, 305, 306) 3,384.0 $ 0.746790 $0.00 $2,527.14 $ 328.53 $ 2,855.67 SCULPTOR'S WORKSHOP 1,920.0 $ 1.012770 $0.00 $1,944.52 $25.00 $ 50.00 $249.68 $2,269.20 $34.04 1 yr SNO-KING YOUTH CLUB 1,700.0 $ 1.012770 $0.00 $1,721.71 $15.00 $ 25.00 NA 1 761.71 $26.43 3 yrs Monthly Total: $17,994.07 Q Packet Pg. 125 7.5.b lhc. 1 g9v CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 MIKE NELSON MAYOR PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT BUILDING USE AGREEMENT THIS AGREEMENT, made this day of December 2020, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and EDMONDS ARTS FESTIVAL FOUNDATION as Lessee. 1. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Room 203 - 246 sq. ft. Room 125 - 325.5 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for an art gallery and storage. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2021 and ending on December 31, 2023. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will be not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2023 or December 31 of any annual renewal term thereafter. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 126 7.5.b 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $608.80 per month for 2021. Said fee is broken down as follows: (1) 571.5 sq. ft. at $1.01277/sq. ft. _ $578.80 (2) $-00- for state leasehold property tax (see item 6 below) (3) $30.00 for power and heat (see item 7 below) (4) $-00- per month for water service (see item 7 below) Fees for 2022, 2023 and any annual renewal term thereafter shall be adjusted on an annual basis. Such fees shall increase by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma - Bellevue area for the period from June to June, as is specified by the Bureau of Labor Statistics, United States Department of Labor. All payments shall be paid at the office of the Edmonds City Treasurer, 121 5th Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $9.13 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short term borrowing by the Lessee and may be adjusted annually. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: A flat rate of $30.00 per month will be charged for providing power and heat for 2021. This utility fee may be adjusted annually. Water service is not provided. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition, and will deliver up all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 127 7.5.b Lessee shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written on an all risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor 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 Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially -recognized users of City owned buildings are strongly encouraged to comply with these restrictions. 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 128 7.5.b located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee can display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Cultural Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 129 7.5.b and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorney's fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein, and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease instruction and practices and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Cultural Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 130 7.5.b leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) COUNTY OF SNOHOMISH) LESSOR: CITY OF EDMONDS: Michael Nelson, Mayor LESSEE: EDMONDS ARTS FESTIVAL FOUNDATION [NAME/TITLE] Mailing Address City State Zip Phone Email On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the Lessee that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Lessee, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 131 7.5.c lhc. 1 g9v CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 MIKE NELSON MAYOR PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT BUILDING USE AGREEMENT THIS AGREEMENT, made this day of December 2020, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and EDMONDS MONTESSORI LLC as Lessee. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Room 126 - 1,024 sq. ft. Room 121- 992 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for preschool instruction and after -school child care. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2021 and ending on December 31, 2023. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will be not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2023 or December 31 of any annual renewal term thereafter. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 132 7.5.c 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $2,358.90 per month for 2021. Said fee is broken down as follows: (1) 2,016 sq. ft. at $1.01 /sq. ft. _ $2,041.74 (2) $262.16 for state leasehold property tax (see item 6 below) (3) $30.00 for power and heat (see item 7 below) (4) $25.00 for water service (see item 7 below) Fees for 2022, 2023 and any annual renewal term thereafter shall be adjusted on an annual basis. Such fees shall increase by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma - Bellevue area for the period from June to June, as is specified by the Bureau of Labor Statistics, United States Department of Labor. All payments shall be paid at the office of the Edmonds City Treasurer, 121 5th Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $35.38 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short term borrowing by the Lessee and may be adjusted annually. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: For 2021, a flat rate of $30.00 per month will be charged for providing power and heat, and a flat rate of $25.00 per month will be charged for providing leased spaces with water. These fees may be adjusted annually. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition, and will deliver up all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 133 7.5.c liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written on an all risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor 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 Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially -recognized users of City owned buildings are strongly encouraged to comply with these restrictions. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 134 7.5.c 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee can display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Cultural Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 135 7.5.c 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorney's fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein, and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease instruction and practices and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Cultural Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 136 7.5.c 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. ATTEST/AUTHENTICATED: LESSOR: CITY OF EDMONDS: Scott Passey, City Clerk Michael Nelson, Mayor APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) COUNTY OF SNOHOMISH) LESSEE: EDMONDS MONTESSORI LLC [NAME/TITLE] Mailing Address City State Zip Phone Email On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the Lessee that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Lessee, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 137 7.5.c r Q Incorporated August 11, 1890 • Sister City - Hekinan, Japan I Packet Pg. 138 7.5.d lhc. 1 g9v CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 MIKE NELSONMAYOR PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT BUILDING USE AGREEMENT THIS AGREEMENT, made this day of December 2020, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and Angie Bahm dba TODDLE TIME'S MAIN STREET KIDS as Lessee. 1. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Rooms 132A, 132B, 133,133A, 135A, 135B, 137,139, Lounge Rm, Storage Rm Total Space = 4,884 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for children's day care/preschool activities. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2021 and ending on December 31, 2025. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will be not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2025 or December 31 of any annual renewal term thereafter. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 139 7.5.d 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $5,731.48 per month for 2021. Said fee is broken down as follows: (1) 4,884 sq. ft. at $1.01277/sq. ft. _ $4,946.37 (2) $635.11 for state leasehold property tax (see item 6 below) (3) $70.00 for power and heat (see item 7 below) (4) $80.00 per month for water service (see item 7 below) Fees for 2022, 2023, 2024, 2025 and any annual renewal term thereafter shall be adjusted on an annual basis. Such fees shall increase by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma -Bellevue area for the period from June to June, as is specified by the Bureau of Labor Statistics, United States Department of Labor. All payments shall be paid at the office of the Edmonds City Treasurer, 121 5th Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $85.97 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short term borrowing by the Lessee and may be adjusted annually. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: For 2021, a flat rate of $70.00 per month will be charged for providing power and heat, and a flat rate of $80.00 per month will be charged for providing leased spaces with water. These utility fees may be adjusted annually. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition, and will deliver up all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 140 7.5.d liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written on an all risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor 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 Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially -recognized users of City owned buildings are strongly encouraged to comply with these restrictions. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 141 7.5.d 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee can display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Cultural Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 142 7.5.d 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorney's fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein, and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease instruction and practices and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Cultural Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Toddle Time's Main Street Kids approved hours of operation are 6:00am — 6:00 pm, Monday -Friday. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 143 7.5.d 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to -public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. ATTEST/AUTHENTICATED: LESSOR: CITY OF EDMONDS: Scott Passey, City Clerk Michael Nelson, Mayor APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) COUNTY OF SNOHOMISH) LESSEE: TODDLE TIME'S MAIN STREET KIDS Amanda Bahm, Owner Mailing Address City State Zip Phone Email On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the Lessee that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Lessee, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 144 7.5.d a Incorporated August 11, 1890 • Sister City - Hekinan, Japan I Packet Pg. 145 7.5.e lac. 1 Sy\) CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT BUILDING USE AGREEMENT MIKE NELSON MAYOR THIS AGREEMENT, made this day of December 2020, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and OLYMPIC BALLET SCHOOL MVOG, INC. as Lessee 1. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Room 122 —1,617 sq. ft. Room 124 — 400 sq. ft. Room 300 — 78 sq. ft. Room 302 — 744 sq. ft. Room 303/305, 304 and 306 — 2,562 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for office, ballet and dance school, and performing company. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2021 and ending on December 31, 2021. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will be not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 146 7.5.e on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2023. 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $5,256.66 per month for 2021. Said fee is broken down as follows: (1) 3,384sq. ft. at $.746790/sq. ft. _ $2,527.14 (2) 2,017 sq. ft. at $1.012770/sq. ft. _ $2,042.76 (3) $586.77 for state leasehold property tax (see item 6 below) (4) $70.00 for power and heat (see item 7 below) (5) $30.00 per month for water service (see item 7 below) If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $78.96shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short term borrowing by the Lessee. All payments shall be paid at the office of the Edmonds City Treasurer, 121 5th Avenue N, Edmonds, Washington, 98020. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: A flat rate of $70.00 per month will be charged for providing power and heat, and a flat rate of $30.00 per month will be charged for providing water. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition, and will deliver up all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the • Incorporated August 11, 1890 • Sister City - Hekinan, Japan I Packet Pg. 147 7.5.e 11 liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written on an all risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor 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 Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially -recognized users of City owned buildings are strongly encouraged to comply with these restrictions. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan I Packet Pg. 148 7.5.e 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee can display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Cultural Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan I Packet Pg. 149 7.5.e 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorney's fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein, and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease instruction and practices and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Cultural Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to • Incorporated August 11, 1890 • Sister City - Hekinan, Japan I Packet Pg. 150 7.5.e public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney LESSOR: CITY OF EDMONDS: Michael Nelson, Mayor LESSEE: OLYMPIC BALLET SCHOOL MVOG, INC. [NAME/TITLE] Mailing Address City State Zip Phone Email • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 151 7.5.e STATE OF WASHINGTON ) COUNTY OF SNOHOMISH) On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the Lessee that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Lessee, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written NOTARY PUBLIC My commission expires: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan I Packet Pg. 152 7.5.f lhc. 1 g9v CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 MIKE NELSON MAYOR PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT BUILDING USE AGREEMENT THIS AGREEMENT, made this day of December 2020, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and SCULPTORS WORKSHOP as Lessee. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Rooms 210 and 211 = 1,920 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for pottery, sculpting, and studio use. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. During the two times per year on which the Lessee conducts its biannual sales on the premises, the Lessee may use the hallway and the meeting room located by the back door, as well as approximately four tables. On those sale days, the Lessee may park in the parking area behind the workshop for purposes of loading and unloading. Otherwise, the Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2021 and ending on December 31, 2021. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will be not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2021. 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $2,269.20 per month for 2021. Said fee is broken down as follows: (1) 1,920 sq. ft. at $1.01277/sq. ft. = $1,944.52 • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 153 7.5.f (2) $249.68 for state leasehold property tax (see item 6 below) (3) $50.00 for power and heat (see item 7 below) (4) $25.00 per month for water service (see item 7 below) Renewal fees will be established by mutual agreement of both parties. All payments shall be paid at the office of the Edmonds City Treasurer, 121 5th Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $34.04 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short term borrowing by the Lessee. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: For 2021, a flat rate of $50.00 per month will be charged for providing power and heat, and a flat rate of $25.00 per month will be charged for providing leased spaces with water. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition, and will deliver up all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 154 7.5.f a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written on an all risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor 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 Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially -recognized users of City owned buildings are strongly encouraged to comply with these restrictions. 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 155 7.5.f painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee can display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Cultural Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 156 7.5.f 21. COSTS AND ATTORNEYS FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorney's fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein, and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease instruction and practices and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Cultural Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 157 7.5.f ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) COUNTY OF SNOHOMISH) LESSOR: CITY OF EDMONDS: Michael Nelson, Mayor LESSEE: SCULPTORS WORKSHOP [NAME/TITLE] Mailing Address City State Zip Phone Email On this day of , 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the Lessee that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Lessee, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 158 7.5.g lhc. 1 g9v CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 MIKE NELSON MAYOR PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT BUILDING USE AGREEMENT THIS AGREEMENT, made this day of December 2020, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and SNO-KING YOUTH CLUB as Lessee. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Rooms 111 and 113 (two-thirds [2/31 of space as divided) =1,700 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for office and storage. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2021 and ending on December 31, 2023. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will be not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2023 or December 31 of any annual renewal term thereafter. 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $1,761.71 per month for 2021. Said fee is broken down as follows: (1) 1,700 sq. ft. at $1.012770/sq. ft. = $1,721.71 (2) -00- for state leasehold property tax (see item 6 below) (3) $25.00 for power and heat (see item 7 below) (4) $15.00 per month for water service (see item 7 below) • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 159 7.5.g Fees for 2022, 2023 and any annual renewal term thereafter shall be adjusted on an annual basis. Such fees shall increase by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma - Bellevue area for the period from June to June, as is specified by the Bureau of Labor Statistics, United States Department of Labor. All payments shall be paid at the office of the Edmonds City Treasurer, 121 5th Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $26.43 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short term borrowing by the Lessee and may be adjusted annually. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: For 2021, a flat rate of $25.00 per month will be charged for providing power and heat, and a flat rate of $15.00 per month will be charged for providing leased spaces with water. These fees may be adjusted annually. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition, and will deliver up all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 160 7.5.g City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written on an all risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor 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 Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially -recognized users of City owned buildings are strongly encouraged to comply with these restrictions. 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 161 7.5.g located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee can display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Cultural Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 162 7.5.g and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorney's fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein, and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease instruction and practices and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Cultural Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 163 7.5.g leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) COUNTY OF SNOHOMISH) LESSOR: CITY OF EDMONDS: Michael Nelson, Mayor LESSEE: SNO-KING YOUTH CLUB [NAME/TITLE] Mailing Address City State Zip Phone Email On this day of , 20_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the Lessee that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Lessee, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 164 7.6 City Council Agenda Item Meeting Date: 01/19/2021 Waterfront Center Building Use Agreement Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History In 1967 the South County Senior Center (SCSC) was founded and began offering programs at the current waterfront location. After obtaining a 501c3 status in 1968 they became the first non-profit senior center in Snohomish County. Four years later, the SCSC was featured at the Second White House Conference as the model for the multipurpose senior center concept which led to the formation of thousands of senior centers throughout the country. The present waterfront property was purchased in 1972 with a $300,000 HUD grant obtained by SCSC and a $100,000 local match from the City of Edmonds. As a result, the City came to own the property and declared it would be the permanent home of the senior center. The early years saw a number of innovative programs including performing musical and drama groups, the Job Bureau, a robust long- distance travel program, the creation of the Thrift Store and Country Boutique for senior crafts, partnering with Edmonds Community College to offer seniors education classes, a mentoring program at the Edmonds School District, and the creation of many health & wellness activities/services. From 1975 through 1985 a number of State grants enabled the connection of the two original buildings and the creation of the most recent (now demolished) senior center. Much of the work was performed by community volunteers. In 2008 SCSC underwent a significant governance change and became a membership driven organization with 18 of 21 Board positions elected by the membership. After a year of political and legal action and debate within the Center and the community, the November 2008 election, monitored by the League of Women Voters and over 600 voters, decisively established this form of organizational structure. In 2011 the legal name was changed to the Edmonds Senior Center (ESC) and with the passage of the City's Strategic Action Plan in 2013, the organization began work to replace the existing aging structure with a new Edmonds Waterfront Center designed to serve all ages. Four years later in late October 2017, the Edmonds Senior Center hosted the Waterfront Center Gala, kicking off the $16.35 million community fundraiser campaign needed to replace the 58-year-old building. The City Council authorized a ground lease agreement (Attachment #1), in 2019, by which the Edmonds Senior Center will lease the city -owned land under the new Edmonds Waterfront Center for 40 years. At the end of the 40-year lease, the agreement calls for the ESC to either turn over ownership of the Center to the City of Edmonds or renew the lease for an additional 15 years. Packet Pg. 165 7.6 In 2020, City Council adopted Resolution 1450 (Attachment #2), authorizing the execution of an assignment of deposit account and an amendment to the ground lease in relation to the City's provision of $2,000,000 collateral in support of the ESC's borrowing of up to $2,000,000 from First Financial Northwest Bank to complete construction of the Edmonds Waterfront Center. The amendment further defines key partnership parameters for example but not limited to: office space allowances, definition of dates and hours of allowable City usage and definition of catering parameters which had arisen following the execution of the ground lease. Resolution 1450 contains strong incentives designed to increase the likelihood of the ESC to fully repay any funds borrowed from the bank. The new Edmonds Waterfront Center, a modern, LEED Gold, all -electric, 26,000 sf regional community center is set to open its doors when COVID restrictions are lifted, offering programs for all generations. Daily from 8:OOam-4:OOpm most of the programs will be aimed at seniors and organized by the ESC. Monday through Thursday 4:00-10:OOpm programs for all ages will be offered by the City's Parks, Recreation and Cultural Services department. During weekends, the facility offering emphasizes banquet room rentals managed by the ESC. Staff Recommendation Approve on Consent authorizing the Mayor to sign the agreement. Narrative The Waterfront Center Building Use Agreement (Attachment #3) further defines operating procedures, expectations and responsibilities and is tied closely to the previously adopted and amended ground lease. It is intended to memorialize the coordinated use and control of the Edmonds Waterfront Center building and grounds. The term of this Building Use Agreement is 5 years, allowing for 5-year extensions provided that at no time this agreement will expire later than the expiration of the ground lease. The Agreement addresses many operational components of utilizing a shared community space such as security, staffing, equipment usage, rentals, advertising and sponsorship, fee structure, record keeping and audit, maintenance and utilities, responsibility for damage, dispute resolution, default and remedies, insurance, hold harmless, force majeure and general provisions. At this time the City has hired one full-time employee expected to work out of the Edmonds Waterfront Center and has begun developing programming for the building pending the loosening of COVID-19 restrictions. The operational agreement under consideration has been agreed upon by both the City and ESC staff. It has been reviewed and approved by City legal counsel and was approved by the Parks and Public Works Committee on January 12, 2021. Attachments: Attachment #1 2019-10-20 Edmonds Senior Center Ground Lease Attachment #2 Resolution 1450 Senior Center Ground Lease Amendment Attachment #3 Waterfront Center Building Use Agreement Packet Pg. 166 7.6.a RETURN NAME & ADDRESS Clerks Office 121 5th Ave N Edmonds, WA 98020 Please print neatly or type information Document Title(s) Ground Lease Reference Number(s) of related documents: Additional Reference Ws on page _ Grantor(s) (Last, First, and Middle Initial) City of Edmonds Additional Grantors on page Grantee(s) (Last, First, and Middle Initial) The Edmonds Senior Center Additional Grantees on page Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range, quarter/quarter) PTN GOVERMENT LOT 2, SECTION 23, TWP 27 N, RGE 3 E Complete legal on page _ Assessor's Property Tax Parcel/Account Number 27032300104200 Additional parcel Ws on page _ The Auditor/Recorder will rely on the information provided on this form. The responsibility for the accuracy of the indexing information is that of the document preparer. *1 am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party Packet Pg. 167 7.6.a GROUND LEASE BETWEEN THE CITY OF EDMOND S AND THE EDMONDS SENIOR CENTER Packet Pg. 168 7.6.a TABLE OF CONTENTS LIST OF EXHIBITS ..... ............... ................ ....................... ...........................................ii GROUNDLEASE.................................................................................... 1 SECTION 1. AGREEMENT TO LEASE PROPERTY......................................................... 1 SECTION2. TERM.......................................,.........................................................................2 SECTION3. RENT......................................................................................... 3 SECTION 4. SENIOR CENTER'S OTHER OBLIGATIONS .... ....................................... 3 SECTION 5. CITY AUTHORITYAND OBLIGATIONS ...................................................... 6 SECTION 6. INDEMNITY, INSURANCE .................................... ........................................... 8 SECTION7. DEFAULT ...................... .•-............................ -....................................... -..........II SECTION S. REPRESENTATIONS.....................................................................................12 SECTION 9. GENERAL PROVISIONS.................................................................................. 13 I Packet Pg. 169 7.6.a LIST OF EXIBITS EXHIBIT A Property Description EXHIBIT B Access and Parking Easement EXHIBITC Utility Easement 11 Packet Pg. 170 7.6.a GROUND LEASE BETWEEN THE CITY OF EDMONDS AND THE EDMONDS SENIOR CENTER THIS GROUND LEASE (this "Lease"), effective the 15fh day of April, 2019 ("Effective Date") is between THE CITY OF EDMONDS, a municipal corporation of the State of Washington (the "City") and THE EDMONDS SENIOR CENTER, a nonprofit corporation under the laws of the State of Washington (the "Senior Center"). WHEREAS, the City and the Senior Center entered into a Lease dated December 1, 2008 (the "2008 Lease"), the Term of which was scheduled to expire in 2020 unless extended by one or both of the two five-year extensions in the 2008 Lease. WHEREAS, the 2008 Lease encompasses a portion of the real properly that is subject to this Lease and the parties intend that this Lease supersede the 2008 Lease. The parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and intending to be legally bound by the terms and conditions of this Lease, agree as follows: SECTION 1. AGREEMENT TO LEASE PROPERTY 1.1 Agreement to Lease -and Descrigti2a of Property. The City hereby leases to the Senior Center and the Senior Center leases from the City that certain real property described and shown on Exhibit A attached hereto together with all improvements located thereon or to be located thereon (the "Property"). The Properly is the ` square foot area upon which the Senior Center is to construct its Edmonds Waterfront Center Building (the "Building"). 1.1.1 Access and Parkin Easement. During the term of this Lease, Senior Center shall have a non-exclusive easement for a term of years over and across the real property legally described in and on the terms and conditions set forth in Exhibij B (the "Access and Parking Easement") for ingress, egress and parking for the Property. Nothing herein or in the Access and Parking Easement shall prevent the City from signing and regulating the parking lot to make it time -limited, to reserve certain spots for electric vehicles, or to make other similar modifications to the way the parking lot is used. Senior Center shall make reasonable efforts to ensure that its rental activities do not overburden the parking lot, particularly during daylight hours. Such reasonable efforts may include the use of valet parking, the use shuttle buses from an off -site parking location, and/or other means, PROVIDED THAT the determination as to whether such means are necessary, and, if so, which to employ, shall be mutually agreeable and subject to the dispute resolution process in Section 9.18, in the event that the parties cannot agree. 1.1.2 Utility Easement. During the term of this Lease, Senior Center shall have Packet Pg. 171 7.6.a a non-exclusive easement for a term of years over, under and across the real property legally described in and on the terms and conditions set forth in Exhibit C (the "Utility Easement") to allow utility connections to and from the Property. 1.2 t;se of the Properly. 1.2.1 AlloEgd [;.,kes of the Property by the Senior Center. Except as otherwise provided herein, the Senior Center shall use the Property for the purpose of constructing, maintaining, and operating a non-profit community resource center to be known as the "Edmonds Waterfront Center" serving the needs of the local population, in particular, poor, infirm and otherwise vulnerable seniors and other members of the community. 1.2.1.1 Notwithstanding the foregoing, the Senior Center may from time to time utilize portions of the Property for revenue -generating activities including, but not limited to, rentals, events and the operation of a thrift store and cafe, provided that all revenues generated therefrom shall be utilized by the Senior Center exclusively for the purposes set forth in Section 1.2.1, above. 1.2.2 ONI Lowed Use,, of the Property bY City . The City of Edmonds shall be given access to the Building so it may offer recreational and other programs to the public. Except for the thrift shop and cafe areas, the City will be allowed first -priority use of the Building Monday through Thursday, 4:00 pm - close. The Senior Center shall have first -priority use of the Building at all other times. The City and Senior Center agree to meet on a regular on -going basis (at. [east quarterly) to review their respective program schedules and determine whether there is any unprogrammed (surplus) time after accounting for each party's program needs during that parVs first -priority time periods. At these meetings each party shall offer its remaining unprogrammed first -priority time slots to the other party for use by the other party. Senior Center acknowledges that the grounds surrounding the Property are a public park and shall remain open to the public subject to the City's reasonable regulations relate to uses, hours, etc. 1.2.3 The City is not responsible for repair and/or maintenance of the Building; provided, however, as part of the City's allowed use of the Building, the City may be charged for mutually agreed upon costs directly associated with its use of the Building (i.e. utilities, site monitor, cleaning, etc.). SECTION 2. TERM 2.1 initial Term. The term of this Lease ("Lease Term") shall extend for a period of Forty (40) years commencing on April 15, 2019, and terminating on April 14, 2059, subject to the right of the Senior Center to extend the Lease Term as provided herein. 2.2 Extension Term. The Lease Term inay be extended by the Senior Center for an additional period of Fifteen (15) years. 2.2.1 Conditions of l xtensiami. fn order for the Senior Center to extend the Lease Term, it shall: (i) not be in material default at the time of providing Notice of its Lease Extension and thereafter; (ii) provide written Notice of its Lease Extension at least one hundred eighty (180) Packet Pg. 172 7.6.a days prioir to the Termination oFthe Leas eTemi. r Q Packet Pg. 173 7.6.a 2.2.2 Process for Extension. No sooner than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, Senior Center shall provide written notice of its intention to exercise the Extension Term. The City and Senior Center shall meet no later than one hundred twenty (120) days prior to the expiration of the Lease Term to confirm the Extension Term, discuss any matters pertaining thereto and sign a Lease Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. SECTION 3. RENT 3.1 Rent, In consideration for the use of the Property as specified in this Lease, the Senior Center shall pay to the City a total payment of Ten Dollars ($10.00) per year, and such sum shall be paid within ten (10) days from the date of execution of this Lease and within ten (10) days following January 1 st of each calendar year of each year during the Term of this Lease. The parties mutually agree and acknowledge that the Senior Center's operation of the Building upon the Property effectuates a fundamental government purpose and public benefit such as to obviate the necessity of additional rental payment compensation, Furthermore, because the Senior Center's mission is to enrich the social, physical, and intellectual wellbeing of seniors, the City is able to lease this property to the Senior Center for less than fair market value under the poor and infirm exception to the constitutional (Article 8, Section 7) prohibition on gifting or loaning of public funds. SECTION 4. SENIOR CENTER'S OTHER OBLiCAT[ONS 4.1 Construction of Iml2rovements_ The Senior Center and City are, through this Lease, undertaking respective obligations to design, construct and maintain various improvements, which improvements will be jointly used as described in this Lease and its attached exhibits. Unless expressly stated otherwise, the Senior Center shall be obligated to design, construct, and maintain, at its sole expense, the Building and all other improvements that are to be located on the Property. Unless expressly stated otherwise, as, for example, in Section 4.4, the City shall be obligated to design, construct, and maintain, at its sole expense, the parking lot, frontage improvements, and all other improvements contemplated herein that are not to be located on the Property. These respective obligations are described in more detail below. 4.1.1 City Am)rova1 and [ lwnershin. Senior Center shall undertake no demolition, construction, remodeling, Alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City Council to withhold or deny. In applying its discretion, the City Council shall consider, among other factors deemed relevant by the City Council, the extent to which the Senior Center has secured sufficient capital and/or financing to complete the construction of the Building, the construction of other improvements to the Property, and related financial obligations (including having an adequate contingency fiord for the contemplated Work), the intended uses of the Property as described in Section 1.2, as well as the Property's impacts upon the adjacent park. The consent contemplated in this subsection 4.1.1 is separate and apait from the City's regulatory authority and the discretion to withhold or deny approval under- this subsection 4.1.1 is not limited in the same way that the City's regulatory discretion is limited. 4 Packet Pg. 174 7.6.a 4.1.1.1 In addition to the need to obtain the consent required above, no later than 21 days prior to commencing any Work on the Property, Senior Ccntcr shall also obtain a temporary construction easement from the City to the extent that any portion of the City's other property (outside the boundaries of the Property) will need to be used for construction purposes related to the Work. The City shall cooperate with the Senior Center in the negotiation and execution of the temporary construction easement and shall not unreasonably withhold its issuance. The temporary construction easement shall address, among other factors, the means, methods, and timing for coordinating the Senior Center's Work with the City's Work, if the City has a contemporaneous construction project, as it will during the construction of the Building. Any deviation from approved plans must also be approved, in writing, by the City. 4.1.1.2 rinprovements constructed by the Senior Center during the term of this Lease shall be considered the Senior Center's property until the date this Lease is tcnninated. Upon tennination of the Lease Term, together with Extension, if applicable, all improvements located on the Property shall becor ne the property of the City, excepting trade fixtures, which may be removed by Senior Center at its option. 4.1.1.3 The Senior Center will bring forth the schematic design of the facility, including its footprint on the Property, to the City Council for approval. The City Council will consider anti may opt to hold one or more public hearings on the schermatic design prior to taking action. The Senior Center agrees not to proceed with the design development phase of the design process until the schematic design of the facility, including its footprint on the Property, is approved by the City Council. The Senior Center will also bring forth the design development phase drawUigs of the facility to the City Council for approval. The Senior Center agrees not to proceed with the construction document phase of the design process until the drawings from the design development phase have been approved by the City Council. Any proposed substantive design changes that are inconsistent with a. previous design approval (schematic or design development), including proposed changes to the facility's footprint on the Property, shall also be subject of City Council approval and shall be returned to the City Council as soon as practicable and not be deferred until the approval of the next phase. 4.1.1.4 In the event there are any disputes that arise concerning decisions made by the City under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in Section 9.1 S. 4.1.2 Pcrulits. Once approvals have been given by the City under 4-1.1, above, no Work may commence until Senior Center obtains and delivers to the City copies of all necessary govertimcntal permits. Senior Center must also supply the City %vith a copy of any occupancy permit required and any certification required by the fire marshal, prior to Senior Center's occupancy of the Property. 4.1.3 Construction Selicdulc. Construction Work must be completed within the earlier of two (2) years of the receipt of consent to perform the Work obtained under Section 4.1.1 or three (3) years of the Commencement Date of this Lease. If construction is begun within one (1) year of the receipt of consent and diligently perforincd thereafter, the City will grant Senior Center a one (1) year extension to complete construction, if needed, so long as Senior Center 5 Packet Pg. 175 7.6.a notifies the City of its need for additional time at Ieast thirty (30) days in advance of the completion deadline. Failure to complete construction within the specified time shall be an event of Default under Section 7.1 unless any delay in construction occurred as a result of failure by the City to allow Senior Center's construction to commence in a timely manner in which case, the Senior Center shall be given a commensurate amount of time for completion of construction. All Work done on the Property at any time during the term of this Lease must be done in a good workman- like manner and in accordance with all applicable laws and all building, [and use, and other permit requirements. All Work shall be done with reasonable dispatch. If requested by the City, within thirty (30) days after the completion of any Work, Senior Center shall deliver to the City complete and fully detailed as -built drawings of the completed Work, in both electronic and paper forms, prepared by an architect licensed by the State of Washington. A]1 landscaping shall be designed by a landscape architect licensed in the State of Washington. 4.2 Maintenance. At all times during the Lease Tenn and any Extension Tenn, Senior Center shall reasonably keep and maintain the Building and other improvements located on the Property in good repair and operating condition and shall make all necessary and appropriate preventive maintenance, repairs, and replacements. On each fifth anniversary of this Lease (meaning every five years), the City and Senior Center shall conduct a thorough inspection of the Building and other improvements on the Property and City shall inform Senior Center of any needed repairs, maintenance or clean-up to be done in order to maintain the quality of any Building and other improvements to the Property, reasonable wear and tear excepted. Such repairs, maintenance and clean-up shall be done with reasonable dispatch at the sole cost of the Senior Center. Prior to entering into any Extension Term of this Lease such an inspection will also be required and all reasonable repairs and maintenance needed to be done must be done to the Building and other improvements before an Extension Tenn of the Lease cominences. 4.3 No Liens. Senior Center agrees to pay, when due, all sums for labor, set -vices, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided to the Property. If any lien is fled against the Work which Senior Center wishes to protest, then Senior Center shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien fi-orn the Work, Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an Event of Default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Senior Center and Senior Center shall immediately reimburse the City for any sums so paid to remove any such lien. Senior Center shall not encumber the Property or any Improvements thereon without prior written approval of the City. Senior Center shall obtain a performance bond in the full amount of the contract it has signed with its contractor to complete the facility and provide such performance bond to the city prior to demolition of the existing facility, The performance bond sh.alI ensure that the construction of the facility is completed and that all workers, contractors, subcontractors, and suppliers will be paid. 4.4 Utilities and Services. Senior Center must make arrangements for all utilities and shall promptly pay all utility charges hefore they become delinquent. Senior Center is solely responsible for verifying the existence, location, capacity and availability of all utilities it may need for Senior Center's planned use of the Property. Notwithstanding Section 4.1, Senior Center shall be solely responsible for the cost of designing, constructing and extending any necessary utility lines fi-om the right of way or adjacent properties into the Property even though touch of 6 Packet Pg. 176 7.6.a this work will occur outside of the Property. Senior Center shall be solely responsible for meeting and securing all permits and for meeting all requirements necessary to achieve all of the above, including the payment of any required permit fees and/or connection fees. If the parties cannot agree upon terms for the means, methods, and timing related to the construction of the utilities described above, or if any conflict arises during construction, the City shall have the right to have its contractor construct the Building's utilities, or any portion thereof. If the City elects to undertake such construction, it will still be done at the Scnior Center's sole cost and invoices for such construction shall be paid within no later than 30 days of receipt. 4.5 Ste. Any signs erected by Senior Center must comply with all local sign ordinances. To the extent that any signs for the Edmonds Waterfront Center will be located outside of the Property, e.g., on the parking lot property, Senior Center must obtain permission from the City as to the location of such signs. Senior Center shall remove all signs and sign hardware upon termination of this Lease and restore the sign location(s) to its (their) former state(s), unless the City elects to retain all or any portion(s) of the signage. Signage requirements may reasonably change during the term and, to maintain uniformity and continuity, Senior Center will comply with any new sign code requirements within a reasonable time after the adoption of such new requirements. SECTION S. CITY AUTHORITY AND OBLIGATIONS 5.1 delivery of Property. Scnior Center shall have the right to possession of the Property as of the Commencement Date. In the event the City shall pennit Senior Center to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Lease. Early or delayed possession shall not advance or defer the Expiration Date ofthis Lease. 5.2 Quiet Cniovrnent. Subject to Senior Center performing all of Senior Ccntcr's obligations under this Lease and subject to the City's rights under this Lease and its rights of condermnation under Washington law, Senior Center's possession of the Property will otherwise not be disturbed by the City. Any sublease shall be subject to prior approval by the City and if approval is granted this quiet enjoyment provision shall apply to Senior Center's sub lessees. 5.3 Condition_o t PLgpertY. The City makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for Senior Center's intended uses or, the availability of accessible utilities or roadways needed for Senior Center's intended purposes. Senior Center has inspected the Property, conducted its own feasibility and due diligence analysis, and, as of the date its environmental audit is completed aJ�d the report provided to Senior Center or Senior Center's commencement of construction, whichever occurs Erst, Senior Center accepts the Property in "AS IS" condition, upon taking possession. 5.4 Parkin R Lot and FroiitaL,e inn n)vciyient Desi an. Col s ructi rn and e air01)1i atiotis. 5A= 1 Parking Lot and Frtrntag,e irons-ovemGnts Design, The City and Senior Center shall work together to designs a Parking Lot and Frontage Improvemcrib; that meet the requirements for the shared use by the Edmunds Waterfront Center and the City's Regional Park 7 Packet Pg. 177 7.6.a facilities, The total number of parking spaces incorporated into the design f'or the Parking Lot shall accommodate as closely as possible the anticipated parking demands for the Edmonds Waterfront Center activities and the City's Regional Park activities. The Parking Lot and Frontage Improvements shall be located outside the boundaries of the Property on the City's abutting property. The costs of planning and design of the Parking Lot and Frontage Improvements shall be paid by the City. 5.4.2 Parking l.,ot and Frontage Improvements ConAruutioti. The City shall design, permit, procure and engage a general contractor and pay the cost of construction of the Parking Lot and Frontage Improvements adjacent to and which serves the Property and the City's regional park according to the design pians as provided to Senior Center in Section 5.4.1. above. The Parking Lot and Frontage: Improvements must be constructed in coordination with Senior Center's construction of the Edmonds Waterfront Center Building so that it is substantially complete before the Building and related improvements are occupied. 5.4.3 Parking, 1_ot and Frowa(c Improvements Maintenance and Renair. The City shall have full responsibility for repair, maintenance and any capital improvements required for the Parking Lot and .Frontage Improvements after its initial construction, except for work associated with the Building's utilities, which shall be the Senior Center's responsibility. The City shall undertake regular inspections of the Parking Lot and Frontage Improvements consistent for a property of that type and implement necessary and appropriate maintenance activities at reasonable intervals to keep the Parking Lot and Frontage Improvements in good condition. When capital renovations are required to restore the Parking Lot and/or Frontage Improvements to good condition during the Lease Term, the City shall undertake such capital improvements. 5.4.4 Be• In Restoration and Walkway, The City has other areas of its regional park that are located adjacent to the Property. Two of these other areas are the City beach and. the City walkway. The City is undertaking a beach restoration project for its regional Park area and it shall complete that restoration project, and walkway completion and pay the cost thereof. The City shall also complete the design, permitting, construction of and payment for the City walkway project adjacent to the Property, and any other contemplated improvements not located on the Property. 5.4.5 f lie Building's Loc:aticm within Rer ;ionai Park Grounds and Park Maintenance Resl2Q11sihility, The Property is owned by the City and is adjacent to a City -owned regional park. The City shall define maintenance standards and intervals for the grounds adjacent to the Property, including landscaping, irrigation, and general refuse removal (not inclusive of the garbage utility from the Building on the: Property). This park area will be within the control of the City, The Senior Center acknowledges that, as a public park, the grounds adjacent to the Property likely constitute a public forum for First Amendment putposes and that there /nay be circumstances in which the City may need to allow constitutionally protected activity to occur on the site adjacent to the Property. Such circumstances shall not constitute a constructive eviction of the Senior Center and may not be grounds for damages to be paid from the City to the Senior Center. The Senior Center may not exclude the public from the park grounds, or any 8 Packet Pg. 178 7.6.a other area outside the Property, unless it has obtained the applicable event permit or reservation from the City. SECTION 6. INDEMNITY, INSURANCE 6.1 Ggneral Indemnity. Upon the Commencement Date of this Lease, the Senior Center agrees to defend (using legal counsel reasonably acceptable to the City), indemnify, and hold the City harmless from and against any and all actual or alleged claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, damages, expenses, costs, fees (including, but not limited to, attorney, accountant, paralegal, expert, and escrow fees), fines, and/or penalties, (collectively "Costs"), which may be imposed upon or claimed against the City, and which, in whole or in part, directly or indirectly, arise from or are in any way connected with Senior Center's use of the Property or the Parking Lot, or from the conduct of Senior Center's business, or from any activity, work or thing done, permitted, or suffered by Senior Center in or about the Property or the Parking Lot, except only such injury or damage as shall have been occasioned by the sole negligence of the City including: Any act, omission or negligence of the Senior Center, its Sub lessees, or its event space renters; any use, occupation, management or control of the Property or the Parking Lot by the Senior Center; any condition created in, on or about the Property or the Parking Lot by Senior Center, an agent, sub lessee, or event space renter, including any accident, injury or daii)age occurring in, on or about the Property or the Parking Lot after the Effective Date; any breach, violation, or nonperformance of any of Senior Center's obligations under this Lease by Senior Center, its Sub lessees, or event space renters; any damage caused by Senior Center, its Sub lessees, or event space renters on or to the Property or the Parking Lot. The Senior Center's obligations and liabilities hereunder shall commence on the Effective Date of this Lease, if earlier than the Commencement Date and if caused by the activities of the Senior Center or its agents or invitees on the Property or the Parking Lot. As used herein, the indemnification provided by the Senior Center is intended to include indemnifieation for the actions of the Senior Center and its employees and other agents and all of the Senior Center's Sub lessees, event space renters and all of their respective employees and other agents. The Senior Center's obligations to indemnify, defend and hold harmless the City hereunder include indemnification of the employees, agents and elected officials of the City. 6.2 InSLEranee ReQuirements. The Senior Center shall procure 'and maintain for the duration of the Lease insurance against claims for injuries to persons or daanagc to property which may arise from or in connection with the Building's operation and use of the Property or the Parking Lot. Senior Center's maintenance of insurance as required by the Lease shall not be construed to limit the liahility ❑f the Senior Center to the coverage provided by such insurance; or otherwise limit the City's recourse to any remedy available at law or in equity. The amounts listed indicate only the minartuan amowits of insurance coverage the City is willing to accept to help insure full performance of all terms and conditions of this Lease. All insurance required by Senior Center under this Lease shall meet the following minimum requirements: 6.2.1 Ce.rti f icates: Not i e of 'ancel lation, On or before the Commencemcnt Date, Senior Center shall furnish the City with original certificates and a copy of any amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the existence of all insurance required under Section 6.3. Thereafter, the City must 9 Packet Pg. 179 receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy, PROVIDED THAT the Senior Center shall provide the City with written notice of any policy expiration or cancellation, within two business days of its receipt of such notice. No insurance policy may be canceled, revised, tenninated or allowed to lapse without at least thirty (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire Lease Term and any Extension Term. Insurance shall not be canceled without City consent. The City shall also be given copies of Senior Center's policies of insurance, upon request. 6.2.2 Additional Insured. The City shall be named as an additional insured in each required policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage and, for purposes of damage to the Property or the Parking Lot, as a loss payee to the extent of its interest therein. Such insurance shall not be invalidated by any act, neglect or breach of contract by Senior Center and shall not in any way be construed by the carrier to make the City liable for payment of any of Senior Center's insurance premiums. 6.2.3 Primary t_ovora-,,c. The required policies are to contain or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Senior Center's insurance and shall not contribute with it. 6.2.4 Corn1XIII ly tatingy; - All policies of insurance must be written by companies having an A.M. Best rating of not less than A: VI1. The City may, upon thirty (30) days written notice to Senior Center, require Senior Centex to change any carrier whose rating drops below such rating, 6.3 Leguireci Ins ;l;ancc. At all times during this Lease, Senior Center shall provide and maintain the following types of coverage: 6.3.1 &mmercial General LiabiId Insurance. Senior Center shall maintain an occurrence form commercial general liabilitypolicy [including coverage forbroad form contractual liability, and persona] injury liability) for the protection of Senior Center and the City, insuring Senior Center and the City against liability for dainages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and occurring on or in any way related to the Property or the Parking Lot or occasioned by reason of the operations of Senior Center. Such coverage shall name the City as an additional insured using ISO Additional Insured -Managers or Lessors of Premises Fonn CG 20 11 or a substitute endorsement providing equivalent coverage. Comrnerciai General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence forrn CG 00 01 and shall cover premises and contractual liability. 6.3.2 Property Insurance, Senior Center shall maintain, in full force and effect during the Lease Tenn, "All Risk" property insurance covering all buildings, fixtures, equipment, and all other Improvements located on the Property or the Parking Lot. Coverage shall be in an amount equal to One Hundred Percent (100%) of the new rep]acernent value thereof with no coinsurance provisions. Such insurance shall name the City as an additional insured and loss payee 10 Packet Pg. 180 7.6.a as to its full interest in the insured property and shall include the insurer's waiver of subrogation in accordance with Section 6.4. 6.3.3 Automobile Liability Insurance. Senior Center shall maintain for all of Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot an occurrence form automobile Iiability policy insuring Senior Center and the City against liability for damage because of bodily injury, death, or damage to property, including loss of use thereof, and occurring in any way related to the use, loading or unloading of Senior Center's owned, hired, leased and non -owned vehicles on and around the Property or the Parking Lot. Such insurance shall name the City as an additional insured. Coverage shall be in an amount of not less than Two Million Doll ars ($2,000,000) combined single limit per occurrence. 6.3.4 Worker,.,* Q0111peosatiou InsurancQ., Senior Center shall maintain in force Workers' Compensation insurance for all of Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot, including coverage for Employer's liability. In lieu of such insurance, Senior Center may maintain a self-insurance program meeting the requirements of the State of Washington and a policy of Excess Workers' Compensation with a limit of at least One Million Dollars (S 1,000,000) per accident above the self -insured retention. Senior Center has indicated that none of its employees will be on the Property or the Parking Lot since Senior Center intends to hire a management company to oversee the Property or the Parking Lot. In that case, Senior Center shall be responsible to require that its management company provides workers' compensation insurance for its employees on the Property or the Parking Lot and Senior Center shall fully defend and indemnify the City against any workers' compensation claim. 6.3.5 Builder's Risk. Senior Center shall maintain, in full force and effect during construction of Senior Center's facility described in this Lease, Builders Risk insurance covering interests of the Senior Center, the City, the Contractor, Subcontractors, and Sub- subcontractors in the work. Builders Risk insurance shall he on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. Coverage shall include: 1) formwork in place; 2) at materials and equipment on the Property or the Parking Lot; 3) all structures including temporary structures; and 4) all supplies related to the Work helug performed. The insurance required hereunder shall have a deductible of not more than Five Thousand Dollars ($5,000), which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written aeceptan ce by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until. final acceptance of the work. 6.4 wain e }?t= uls�o li�nr. Senior Center and City hereby release and discharge each ether from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premiscs or said facility. This release shall apply only to the extent that such claim, loss or liability is covered by insurance, 6.5 City shall have the right to periodically review the limits and 11 Packet Pg. 181 7.6.a terms of insurance coverage. In the event the City determines that such limits, and/or terms should be changed, the City will give Senior Center a minimum of thirty (30) days' notice of such determination And Senior Center shall modify its coverage to comply with the new insurance requirements of the City. The City agrees that it shall be reasonable in any coverage change required, and that such change will be in accordance with standard market requirements for the Building or similar activity centers. Senior Center shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within thirty (30) days. 6.6 F ilure to Maintain Insurance. Failure on the part of the Senior Center to maintain the insurance as required shall constitute a material breach of lease, upon which the City may, after giving five business days' notice to the Senior Center to correct the breach, tenninate the Lease or, at its discretion, procure or renew such insurance and pray any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. SECTION 7. DEFAULT 7.1 Beau-.)r Center Default. 7.1.1 The occurrence of any one or more of the following shall constitute a material default and breach of this Lease by the Senior Center: 7.1.1.1 Vacatin -a the PronertY. The vacating or abandonment of the Property by the Senior Center for more than thirty (30) days. 7. L 1.2 Fai i ure to Pay Rent. The failure by the Senior Center to make any payment of rent or any other Payment required to be made by the Senior Center under this Lease, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof by the City to the Senior Center. T1.1.3 Unl2urmitted Use of the Property. The use of the Property For any purpose not authorized by Section 1.2.1 of this Lease where such unpermitted use of the Property shall continue for a period of thirty (30) days After written notice thereof shall be grounds for default, 7.1.1.4 EAilurn: to Perform. Failure by the Senior Center to observe or perform any of the covenants or provisions of this Lease to be observed or perfanned by the Senior Center, specifically including, without limitation, the Senior Center's utilization of the Property for purposes materially inconsistent with those set forth in this Lease where sucli failure shall continue for a period of thirty (30) days after written notice thereof from the City to the Senior Center. Provided, that if [he nature of the Senior Center's default is such that more than thirty (30) days are reasonably required for its cure, then the Senior Center shall not be deemed to be in default if the Senior Center shall comtnence such cure within the thirty (30) day period and thereafter diligent prosecute such cure to completion. 7.1.2 Remedies in Dolault. In [lie -.vent of any default or breach by the Senior Center under this Lease, in addition to any other remedies at law or in equity, the City may: 12 Packet Pg. 182 7.6.a 7.1.2.1 Terminate the Lease_ Terminate the Senior Center's right to possession of the Property by providing written notice of at least thirty (30) days; 7.1.2.2 Continue the Lease. Maintain the Senior Center's right to possession in which case the Lease shall continue in effect whether or not the Senior Center shall have abandoned the Lease Premises. In such event, the City shall be entitled to enforce all Landlord's right and remedies under this Lease; and,/or 7.1.2.3 Other remedies. Pursue any other remedy now or hereafter available to a Landlord under the laws of the State of Washington. The City expressly reserves the right to recover from the Senior Center any and all actual expenses, costs and damages caused in any manner- by reason of the Senior Center's default or breach. 0.1.3 I_el-lal hxpenscs; If either party is required to bring or maintain any action (including insertion of any counterclaim or cross claim or clairn in a proceeding in bankruptcy, receivership or other proceeding instituted by a party hereto or by others) or otherwise refers this Lease to any attorney for the enforcement of any of the covenants, teens or conditions of this Lease, the prevailing party in such action shall, in addition to all other payments required herein, receive Gom the other party all costs incurred by prevailing party, including reasonable attorney's fees. 7.2 Default by the City. The City shall not be in default unless the City fails to perform obligations required of the City under this Lease within a reasonable time, but in no event later than thirty (30) clays after written notice by the Senior Center to the City provided, that if the nature of (lie City's obligation is such that more than thirty (30) days are required for performance then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the some to completion, The notice shall specify the portion of the Lease that the City has failed to perfonrr and the action that the Senior Center seeks to be taken by the City to prevent the default. The Senior Center further agrees not to invoke any remedies until such thirty (30) days have elapsed. SECTION 8. REPRESE1VTA'1 IONS 8.1 Re nresentntions of Scinior Cell tcr. SA A Senior Center is a duly organized and legally existing corporation under the laws of the State of Washington. 8.1.2 Senior Center's execution, delivery and perfonnance of all of the teens and conditions of this Lease bave been duly authorized by all requisite corporate action on the part of Senior Center. This Lease constitutes Senior Center's legal, valid and binding obligations, enforceable against Senior Center in accordance with its teens subject to the effects of bankruptcy, insolvency. fraudulent conveyance or similar laws affecting creditor's rights and to equitable principles. Execution of the Lease does not conflict with any provision of Senior Ccriter's Articles of Incorporation; Bylaws or other corporate documents, 8.1.3 There is no claim, action, proceeding or investigation pending or, to the 13 Packet Pg. 183 7.6.a actual knowledge of Senior Center, threatened in writing, nor is there any legal determination or injunction that calls into question Senior Center's authority or right to enter into this Lease or perform the obligations specified in the Lease. S.1.4 Senior Center has not employed any broker, finder, consultant or other intermediary in connection with the Lease who might be entitled to a fee or comm IssIon in connection with Senior Center and the City entering into the Lease. 8.2 R iyesenttatrrri}s of the City. 8.2. t The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington, with full power and authority to own and lease the Property. The City has the power to enter into and perform its obligations pursuant to this Lease. 8.2.2 The City's execution, delivery and performance of this Lease have been duly authorized consistent with its requirements under Washington law. 8.2.3 There is no claim; action, proceeding or investigation pending or, to the actual knowledge of the City, threatened in writing, nor is there any outstanding judicial determination or injunction that tails into question the City's authority or right to enter into this Lease. SECTION 9. GENERAL PROVISIONS 9.1 No Partnership. It is understood and agreed that this Lease does not create a partnership or joint venture relationship between the City and Senior Center. The City assumes no liability hereunder or otherwise for the operation of the business of Senior Center. The provisions of this Lease with reference to rents are for the sole purpose of fixing and detet mining the total rents to be paid by Senior Center to the City. 9.2 Governing Law. This Lease shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. 9.3 No Benefit it) Third Parties. The City and Senior Center are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Lease shall be construed as intending to create a special relationship with any third party; neither the City not the Senior Center intend to create benefits in favor of any third parties as a result of this Lease. 9.4 Nor ices. All notices required or desired to be given under this Lease shall be in writing and may be delivered by Band delivery, in certain cases sent by facsimile, or by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: 14 Packet Pg. 184 And to Senior Center at: The City of Edmonds 121 5t" Avenue North Edmonds, WA 98020 Attn: City Clerk Edmonds Senior Center P.O. Box 717 Edmonds, Washington 98020 Attn: Executive Director Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit. The addresses to wliicl� notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. 9,5 Timc of the FtisellCe. 'Time is of the essence in the performance of and adherence to each and every covenant and condition of this Lease. 9.6 Non -waiver. Waiver by the City or Senior Center of strict performance of any provision of this Lease shall not be deemed a waiver of m- prejudice the City's or Senior Center's right to require strict performance of the sazne provision in the future or of any other provision, 9.7 Survival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Lease, the full performance of which is not specifically required prior to the expiration or earlier termination of this Lease, and any covenant or condition which by their tenors are to survive, shall survive the expiration or earlier ten-nination of this Lease and shall remain fully enforceable thereafter. 9.8 Partial ftivalidity. If any provision of this Lease is held to be invalid or unenforceable, [lie remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law, 9.9 Calculation of Time. All periods of time referred to in this Lease shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. "Legal Holiday" shall tmean any holiday ohserved by the. Federal Government. As used in this Lease, 'Business Days" shall exclude Saturdays, Sundays, legal holidays and the week between December 25 and January 1. 9. iG ileadinas. The article and section headings contained herein are for convenience in 15 Packet Pg. 185 7.6.a reference and are not intended to define or limit the scope of any provisions of this Lease. 9.11 Exhibits lnegaorated , Ly Reference, All Exhibits attached to this Lease are incorporated by reference herein for allpurposes. 9.12 Modification. This Lease may not be modified except by a writing signed by the parties hereto. 9.13 E Yagement of Broker,. Senior Center and the City each represent to one another that if a broker's commission is claimed, the party who engaged the broker shall pay any commission owed and shall defend, indemnify and hold the other party hannless from any such claim. 9.14 i 6ht s and Suecs,,;Qrs in Interest. The rights, liabilities and remedies Provided for herein shall extend to the heirs, legal representatives, successors and, so far as the terms of this Lease permit, successors and assigns of the parties hereto. The words "City" and "Senior Center" and their accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.15 Erecutlilll of Multiple: [_'ourrturparts. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.16 Defined Terms. Capitalized terms shall have the meanings given them in the text of this Lease. 9.17 NQ Limit on (;ity's Pow{75. Nothing in this Lease shall limit, in any way, the power and right of the City to exercise its govennnental rights and powers, including its powers of ehninent domaia. 9.18 Non-Bii djwi Mediation. Should any dispute arise between the patties to this Lease, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Lease, it is agreed that such dispute will be submitted to a mediator prior to any arbitration or litigation. The parties shall exercise good faith efforts to agree on a iediator. The mediation fee shall be shared equally by the City and Senior Center. Mediation shall be non -binding and will be conducted in Edmonds, Washington. Both parties agree to exercise good faith efforts to resolve disputes covered by this section through this mediation process. if a party requests mediation and the other party fails to respond within ten (10) days, or if the parties fail to agree on a mediator within ten (10) days, a mediator shall be appointed by the presiding judge of the Snohornisli County Superior Court upon the request of either party. The finding of the mediator shall only become binding upon the parties if both parties so agree and thereafter execute a settlement agreement based on the mediator's findings or recommendation. 9.19 This Lease Su gr •edes. This Lease shall replace and supersede the 2008 Lease. The parties hereby terminate the 2008 Lease in its entirety; provided, however, the 2008 Lease shall remain in place, operative and complimentary to the Ground Lease until demolition is cominenced on the current Senior Center Building located at 220 Railroad Avenue, Edmonds, WA. 9.20 .[cording: A Memorandum of this Lease maybe recorded. after• execution by the Parties. 16 Packet Pg. 186 7.6.a 9.21 1-jitire AOrceni nf. This Lease represents the entire agreement between the City and Senior Center relating to Senior Center's leasing of the Property. It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Lease or the making or entry into this Lease, except as expressly set forth in this Lease. No claim for liability or cause for termination shalt be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Lease; all oral agreements with the parties are expressly waived by both parties. This Lease has been extensively negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Lease shall be construed, by nature of the drafting, against either party. IN WITNESS IIEREOF, the parties have subscribed their names hereto effective as of the clay, month and year first written above. LRSSEE: LESSOR: EDMONDS SENIOR CENTER Its: {L-��{ .�� t\�'t THE TY OF EDMONDS By: avid Earlin As its Mayor APPROVED AS TO FORM: APPROVED RV MA-i ATTEST: Office of the City Attorney <�� -za Scbtt'Passey, City CIer 1 17 Packet Pg. 187 7.6.a STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMTSH I certify that I have evidence that David Earling is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to executed the instrument and acknowledged it as the Mayor of the City of Edmonds, to be the free and voluntary act :,f such party ux Use uses and purposes mentioned in the instrument. DATED: fib/ 9 0 oN ` "�a '�., RIN ,D N E: r, 'y r NOTARY PUBLIC Z In and for the State of Washington My commission expires: r �v -,Of- �Q� STATE OF W ASHINGTON ) ss. COUNTY OF SNOHOMISH T certify that I have evidence that Y 1 yy%1y-1C4 is the person who appeared before me, and said person acknowledged that s/he signed this 'Instrument, on oath stated that s/he was authorized to executed the instrument and acknowledged it as the +o �e1 EgiV apds Senior Center, to be the free and voitIntary act of such party for the uses ati da purposes mentioned in the instrument. DATED: UkIA � �^ �iA EN�L��4 �►�r PRINTED NANfl : JeA yl cA� t&') NOTARY PUBLIC 4P "� r� ` In and for the State of Washington rG puy4`� = My commission expires: \0�6�V7-0 NI �10tlttkt0�,W V Packet Pg. 188 7.6.a Exhibit A LEASE DESCRIPTION THAT PORTION OF GOVERNMENT LOT 2, IN SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THE GREAT NORTHERN RAILWAY RIGHT-OF-WAY WITH 50UTH LINE OF SAID GOVERNMENT LOT 2; THENCE NORTH 42°35'13" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 150.00 FEET; THENCE AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE NORTH 47'24'47" WEST, A DISTANCE OF 78.73 FEET; THENCE NORTH 42-35,13" EAST PARALLEL WITH SAID RIGHT OF WAY LINE, A DISTANCE OF 7.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 42`51'01" EAST, A D15TANCE OF 81.04'; THENCE SOUTH 47'Q8'59" EAST, A DISTANCE OF 1.28 FEET; THENCE NORTH 42-51'01" EAST, A DISTANCE OF 28.17 FEET; THENCE NORTH 47-08'59" WEST, A DISTANCE OF 4.75 FEET; THENCE NORTH 42-51'01" EAST, A DISTANCE OF 18.33 FEET, THENCE SOUTH 47008'59" EAST, A DISTANCE OF 3.25 FEET; THENCE NORTH 42°51'01" EAST, A DISTANCE OF 23.17 FEET; THENCE NORTH 46'41'06" WEST, A DISTANCE OF 100.13 FEET; THENCE SOUTH 42'5V01" WEST, A DISTANCE OF 3.00'; THENCE SOUTH 47°08'59" EAST, A DISTANCE OF 2.00; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 11.07 FEET; THENCE NORTH 47-08'59" WEST, A DISTANCE OF 2.00 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47-08'59" EAST, A DISTANCE OF 2.00 FEET; THENCE SOUTH 42'51'01" WEST, A DISTANCE OF 32.95 FEET; THENCE NORTH 47'Q8'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 10.60 FEET; THENCE NORTH 47°08'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47°08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 10.60 FEET; THENCE NORTH 47°08'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51101" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47-08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 10.60 FEET; THENCE NORTH 47`08'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 21.35 FEET, THENCE SOUTH 47-08'59" EAST, A D15TANCE OF 1.56 FEET; THENCE SOUTH 42-51-01" WEST, A DISTANCE OF 8.51 FEET; THENCE NORTH 47°08'59" WEST, A DISTANCE OF 1.56 FEET; THENCE SOUTH 42-51-01" WEST, A DISTANCE OF 15.24 FEET; THENCE SOUTH 47`08'59" EAST, A DISTANCE OF 28.25 FEET; THENCE SOUTH 42'51'01" WEST, A D15TANCE OF 12.58 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 70.11 FEET TO THE POINT OF BEGINNING SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASH INGTON. Exhibit A 4) -14-ZDLS Packet Pg. 189 Exhibit A I 7.6.a I S42'51'01 "W 3.00'— S47'08'59"E 2.00'- N47'08'59"W 2.00'- S42'51'01 "W 3.00'— S47'08'59"E 2.00' S42'51 '01 "W 32.95' N47'08'59"W 1.50 S42'51'01 "W 3.00'- S47'08'59"E 1.50' N47'08'59"W 1.50'- S42'51'01 "W 3.00'— S47'08'59"E 1.50' N47'08'59"W 1.50' S42'51'01"W 3.00' S47'08'59"E 1.50' N47'08'59"W 1.50'- S42'51'01"W 3.00', 'i. TAX ACCT. NO. 27032300104200 N46'41'06"W 100.13'— CN'R 51'01"W 11.07' 51'01"W 10.60' 51'01 "W 10.60, S42'51'01 "W 10.60' -S47'08'59"E 1.50' N42'51 '01 "E 23.17' S47'08'59"E 3.25' N42'51'01 "E 18.33' N47'08'59"W 4.75' N42'51'01 "E 28.17'— S47'08'59"E 1.28' PROPOSED LEASE LYING IN GOVERMENT LOT 2, SECTION 23, TWP 27 N, RGE 3 E ALONG EXTERIOR OF FOUNDATION PLAN '51'01"W 21.35' 7'08'59"E 1.56' 51'01"W 8.51' '--N47'08'59"W 1.56' N42'51'01 "E 81.04' kLS42'51'01"W 15.24' S47'08'59"E 28.25' LEASE PERIMETER S42'51 '01 "W 12.58' POINT OF — PAR So S47'08'59"E 70.11' BEGINNING DRY ............�.........,. 0 20 40 60 f TA}( ACCT. NO. 27032300104200 f N42'35' 1 YE 7.53' SCALE IN FEET TAX ACCT. NO. 00724500100000 N47'24'47"W 78.73' ' Exhibit A DES. DR. 728 130 Street SW Sdb 200 l Erma, WWirgW 98204 CH. IN: 425 741-30 FILE SCALE 1" = 20° 1 SHEET NO. IW F.B. PTA DATI 222018.009 9/14/2018 OF 1 SHEETS Packet Pg. 190 7.6.a After Recording Return to: Attn: Exhibit B to Ground Lease ACCESS AND PARKING EASEMENT GRANTOR: City of Edmonds, a Washington municipal corporation GRANTEE: Edmonds Senior Center, a Washington non-profit corporation Legal Description: Abbreviated Form: SEC 23 TWP 27 RGE 03 PTN GOVT LOT 2 Additional Legal is on Exhibit A attached to document Assessor's Tax Parcel ID No. 27032300104200 Reference Number(s) of Related Documents(s): Exhibit B to Ground Lease Packet Pg. 191 7.6.a This ACCESS AND PARKING EASEMENT ("Agreement") is made and entered into this day of June, 2019, by City of Edmonds, a Washington municipal corporation ("Grantor") and the Edmonds Senior Center, a Washington non-profit corporation ("Grantee"). RECITALS A. Grantor is the owner of the real property described in Exhibit A attached hereto (the "Burdened Property"). B. Grantee is the tenant of the real property described in Exhibit B attached hereto (the "Benefited Property"), which property Grantee leases from Grantor under ground lease dated June , 2019 (the "Ground Lease"). C. Grantor desires to grant an easement for the benefit of Grantee's leasehold interest for the purposes and on the terms and conditions described herein. AGREEMENT 1. Grant of Easement. For and in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants and conveys to Grantee, a nonexclusive easement for a term of years for access and parking (the "Easement") across, over, and upon the access and parking improvements to be constructed by Grantor upon Grantor's property described on Exhibit A attached hereto (also referred to as the "Easement Area"). The term of this Easement shall be coextensive with the term of the Ground Lease, including any extensions or early terminations. 2. Purpose and Scope of Easement. Grantor is constructing a parking lot on the Easement Area for the joint use by Grantor and Grantee. Grantee shall have the nonexclusive right to use the parking lot in the Easement Area to access the Benefitted Property at any time. Grantee shall not have the right to reserve the parking lot for its own exclusive use. Nor shall Grantee have the right to exclude Grantor from the parking lot. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for its own parking needs and for any other purpose not inconsistent with the rights herein granted; provided that, within the Easement Area, Grantor shall not erect or maintain any permanent structure or obstruction that would materially interfere with Grantee's use of the Easement Area. 4. Reciprocal Indemnity. Grantor, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by Grantee, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of Grantor or Grantor's officials, officers, directors, employees or agents, or the concurrent negligence of Grantor or Grantor's officials, officers, Packet Pg. 192 7.6.a directors, employees or agents, to the extent of such concurrent negligence. Grantee, through Grantee's choice of capable legal counsel, shall protect, defend, indemnify and hold Grantor harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by Grantor arising out of Grantee's use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of Grantor or Grantor's officials, officers, directors, employees or agents to the extent of such concurrent negligence. Grantee agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Grantee's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the Grantor only, and only to the extent necessary to provide the Grantor with a full and complete indemnity of claims made by the Grantee's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Grantor shall give Grantee prompt written notice of any suit or proceeding entitling Grantor to indemnification pursuant to this Section 4 and Grantee shall thereafter defend Grantor in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. GRANTEE, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by GRANTOR, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents, or the concurrent negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents, to the extent of such concurrent negligence. GRANTOR, through GRANTOR'S choice of capable legal counsel, shall protect, defend, indemnify and hold GRANTEE harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by GRANTEE arising out of GRANTOR's use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents to the extent of such concurrent negligence. GRANTOR agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of GRANTOR's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the GRANTEE only, and only to the extent necessary to provide the GRANTEE with a full and complete indemnity of claims made by the GRANTOR's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. GRANTEE shall give GRANTOR prompt written notice of any suit or proceeding entitling GRANTEE to indemnification pursuant to this Section 4 and GRANTOR shall thereafter defend GRANTEE in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. 5. Notice. Any notice permitted or required to be given by either party to this Agreement shall be given in writing and may be effected by certified United States mail, with -2- Packet Pg. 193 7.6.a return receipt requested, properly addressed, postage prepaid, by reputable overnight delivery service, or by personal delivery, as follows: If to Grantor: City of Edmonds 121 51 Avenue N Edmonds, WA 98020 Attn: City Clerk If to Grantee: Edmonds Senior Center 220 Railroad Avenue Edmonds, WA 98020 Attn: Executive Director or to such other address or to such other person's attention of which notice was given in accordance with this section. Notice shall be deemed effective upon three (3) days after being properly delivered as described above. 6. Attorney's Fees and Costs. If either party shall bring an action to enforce the terms of this Agreement, in any such action the prevailing parry shall be entitled to an award of its reasonable attorneys' fees and reasonable costs. Said costs and attorneys' fees shall include, without limitation, costs and attorneys' fees incurred in any appeal or in any proceedings under any present or future federal bankruptcy, forfeiture or state receivership or similar law. 7. Governing Law. This Agreement shall be governed by Washington law. 8. Severability. All provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of the remaining provisions. 9. Automatic Termination of Easement. This Easement shall automatically terminate upon the termination of the Ground Lease. In the event of such termination, the parties hereto agree to execute all documents necessary to document the termination and remove the encumbrance from title. 10. Amendment, Recording. This Agreement may be amended or modified only by written instrument, executed and acknowledged by the parties hereto or their successors or assigns, recorded with the Snohomish County Auditor. 11. Headings. The headings used herein are for convenience only and are not to be used in interpreting this Agreement. 12. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements with respect to the matters described herein. -3- Packet Pg. 194 7.6.a 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed the original, but which together shall constitute one and the same instrument. 14. Dispute Resolution. Before commencing any suit to resolve a dispute arising out of this Agreement, the Parties shall attempt to resolve the matter through mediation. ::L 1: a By: Name: Title: GRANTEE: a By: Name: Title: me Packet Pg. 195 7.6.a STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) STATE OF ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Use this space for notarial stamp/seal) Notary Public Print Name My commission expires -5- Packet Pg. 196 7.6.a Exhibit A BURDENED PROPERTY A-1 a Packet Pg. 197 7.6.a EXHIBIT A That portion of the parcel described in Exhibit A-1 hereto that is to be improved with the vehicular access, parking, and pedestrian access facilities depicted on the Layout Plan attached hereto as Exhibit A-2. BNC\ 1683 0\0002\01017085.v 1 Packet Pg. 198 7.6.a Exhibit A-1 SEC 23 TWP 27 RGE 03BEG MT W LN GN R/W WITH S LN GOVT LOT 2 TH NELY ON SD R/W 450FT TH N49*00 OOW 95.67FT M.L TO MEA LN TH S51 *23 OOW ON SD MEA LN 288.33FT TPB TH N51 *23 OOE ALG MEA LN 288.33FT THN47*32 OOW 319.63FT TO INNER HARBOR LN TH S45*00 OOW ON INNER HARBOR LN 250.13 FT TH S38*37 OOE 287.94FT TPB TGW FDT - COM AAP ON W LN GN R/W AT INT WITH S LNGOVT LOT 2 TH NLY ALG W LN SD R/W 150FT TPB TH CONT NLY ALG SD R/W 300FT TH NWLY AT R/A FR SD R/W TO MEA LN TH SWLY ALG SD MEA LN TAP AT R/A FR TPB TH SELY TPB BOTH PER WD 683-545 2/23/73 Also known as: 220 Railroad Avenue, Edmonds, WA Tax parcel: 27032300104200 K BNC\ 1683 0\0002\01017085.v 1 Packet Pg. 199 0 : W k�L.A 1 �r to 1 � ac Q i t I s CM �G C A a • a I, l t m �o C7 _ o c • m am b M q rIYI m d aD rn U kJL O 4 D d n /0 ell. J C) L) J x . 9-3o $ d a ; cn mb� I i p r m M Z N i r- 42 fir. f 4 y �' • ':+a..• I _ I + GtD •p lb w/ i7t fT A t+J N Q tD W Cna < O C r. F M E C -4 C 2 qr ••U2c 0 z J O J w m m a m 8_ 0 t. u' iy m a m' � a °�" � � � f � •< o au � Y io` �.i' �� -Peg os�>q�o, �`�-�c� �'7g'y^t��2 m_ (A��p��m_.� �®•c �K � 0-0 5}3j` _ •.QJ_+ 5]i c � •XY ` ro � m Edmonds Waterfront Re -development Projector 1 22) Railroad Ave.. Edmonds, Washington Packet Pg. 200 7.6.a Exhibit B BENEFITED PROPERTY a Packet Pg. 201 7.6.a LEASE DESCRIPTION THAT PORTION OF GOVERNMENT LOT 2, IN SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THE GREAT NORTHERN RAILWAY RIGHT-OF-WAY WITH 50UTH LINE OF SAID GOVERNMENT LOT 2; THENCE NORTH 42°35'13" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 150.00 FEET; THENCE AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE NORTH 47'24'47" WEST, A DISTANCE OF 78.73 FEET; THENCE NORTH 42-35,13" EAST PARALLEL WITH SAID RIGHT OF WAY LINE, A DISTANCE OF 7.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 42`51'01" EAST, A D15TANCE OF 81.04'; THENCE SOUTH 47'Q8'59" EAST, A DISTANCE OF 1.28 FEET; THENCE NORTH 42-51'01" EAST, A DISTANCE OF 28.17 FEET; THENCE NORTH 47-08'59" WEST, A DISTANCE OF 4.75 FEET; THENCE NORTH 42-51'01" EAST, A DISTANCE OF 18.33 FEET, THENCE SOUTH 47008'59" EAST, A DISTANCE OF 3.25 FEET; THENCE NORTH 42°51'01" EAST, A DISTANCE OF 23.17 FEET; THENCE NORTH 46'41'06" WEST, A DISTANCE OF 100.13 FEET; THENCE SOUTH 42'5V01" WEST, A DISTANCE OF 3.00'; THENCE SOUTH 47°08'59" EAST, A DISTANCE OF 2.00; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 11.07 FEET; THENCE NORTH 47-08'59" WEST, A DISTANCE OF 2.00 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47-08'59" EAST, A DISTANCE OF 2.00 FEET; THENCE SOUTH 42'51'01" WEST, A DISTANCE OF 32.95 FEET; THENCE NORTH 47'Q8'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 10.60 FEET; THENCE NORTH 47°08'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47°08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 10.60 FEET; THENCE NORTH 47°08'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51101" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47-08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 10.60 FEET; THENCE NORTH 47`08'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 21.35 FEET, THENCE SOUTH 47-08'59" EAST, A D15TANCE OF 1.56 FEET; THENCE SOUTH 42-51-01" WEST, A DISTANCE OF 8.51 FEET; THENCE NORTH 47°08'59" WEST, A DISTANCE OF 1.56 FEET; THENCE SOUTH 42-51-01" WEST, A DISTANCE OF 15.24 FEET; THENCE SOUTH 47`08'59" EAST, A DISTANCE OF 28.25 FEET; THENCE SOUTH 42'51'01" WEST, A D15TANCE OF 12.58 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 70.11 FEET TO THE POINT OF BEGINNING SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASH INGTON. 9-14-ZDLS Packet Pg. 202 I 7.6.a I S42'51'01 "W 3.00'— S47'08'59"E 2.00'- N47'08'59"W 2.00'- S42'51'01 "W 3.00'— S47'08'59"E 2.00' S42'51 '01 "W 32.95' N47'08'59"W 1.50 S42'51'01 "W 3.00'- S47'08'59"E 1.50' N47'08'59"W 1.50'- S42'51'01 "W 3.00'- 547'08'59"E 1.50' N47'08'59"W 1.50' S42'51'01"W 3.00' S47'08'59"E 1.50' N47'08'59"W 1.50'- S42'51'01"W 3.00', 'i. TAX ACCT. NO. 27032300104200 N46'41'06"W 100.13'— CN'R 51'01"W 11.07' 51'01"W 10.60' 51'01 "W 10.60, S42'51'01 "W 10.60' -S47'08'59"E 1.50' N42'51 '01 "E 23.17' S47'08'59"E 3.25' N42'51'01 "E 18.33' N47'08'59"W 4.75' N42'51'01 "E 28.17'— S47'08'59"E 1.2B' PROPOSED LEASE LYING IN GOVERMENT LOT 2, SECTION 23, TWP 27 N, RGE 3 E ALONG EXTERIOR OF FOUNDATION PLAN '51'01"W 21.35' 7'08'59"E 1.56' 51'01"W 8.51' '--N47'08'59"W 1.56' N42'51'01 "E $1.04' 542'51'01"W 15.24' ol op S47'08'59"E 28.25' LEASE PERIMETER S42'51 '01 "W 12.58' POINT DF— P'��.. • . °8; s .. 0. .1.--\ ....BEGINNING . 0 20 40 60 f TA}( ACCT. NO. 27032300104200 f N42'35' 1 YE 7.53' SCALE IN FEET TAX ACCT. NO. 00724500100000 N47'24'47"W 78.73' ' DES. 728 130 Street SW Sdb 200 l Erma, Wad irgW 98204 IN: 425 741-3800 K SCALE 1 = 20' SHEET NO. FB IW .. PTA DATI 222018.009 9/14/2018 OF 1 SHEETS Packet Pg. 203 7.6.a After Recording Return to: Attn: Exhibit C to Ground Lease UTILITY EASEMENT GRANTOR: City of Edmonds, a Washington municipal corporation GRANTEE: Edmonds Senior Center, a Washington non-profit corporation Legal Description: Abbreviated Form: SEC 23 TWP 27 RGE 03 PTN GOVT LOT 2 Additional Legal is on Exhibit A attached to document Assessor's Tax Parcel ID No. 27032300104200 Reference Number(s) of Related Documents(s): Exhibit C to Ground Lease Packet Pg. 204 7.6.a This UTILITY EASEMENT ("Agreement") is made and entered into this day of June, 2019, by City of Edmonds, a Washington municipal corporation ("Grantor") and the Edmonds Senior Center, a Washington non-profit corporation ("Grantee"). RECITALS A. Grantor is the owner of the real property legally described in Exhibit A attached hereto (the "Burdened Property"). The Burdened Property is depicted in the surveyor's drawing attached hereto in Exhibit B B. Grantee is the tenant of the real property described in Exhibit C attached hereto (the "Benefited Property"), which property Grantee leases from Grantor under Ground Lease dated June , 2019 (the "Ground Lease"). C. Grantor desires to grant an easement for the benefit of Grantee's leasehold interest for the purposes and on the terms and conditions described herein. AGREEMENT 1. Grant of Easement. For and in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants and conveys to Grantee, a nonexclusive easement for a term of years for the purpose of extending utilities (the "Easement") across, over, and upon the Burdened Property described on Exhibit A attached hereto (also referred to as the "Easement Area'). The term of this Easement shall be coextensive with the term of the Ground Lease, including any extensions or early terminations. 2. Purpose and Scope of Easement. Grantee is constructing a building on the Benefited Property pursuant to permission given under the Ground Lease. Grantee's building will need to be served by various utilities. Grantee shall have the nonexclusive right to use the Easement Area to construct, repair, and maintain utilities to serve the building on the Benefitted Property pursuant to plans that have been approved by Grantor. Grantor's approval of the utility plans shall not be unreasonably withheld, PROVIDED THAT nothing herein shall be construed to limit Grantor's discretion to withhold approval of plans for the building under the Ground Lease. Grantee agrees to replace and restore to preexisting conditions, as nearly as practicable, the surface of the Easement Area within a reasonable time following any construction, repair, and/or maintenance of any utilities contemplated herein. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for its own parking needs and for any other purpose not inconsistent with the rights herein granted. 4. Reciprocal Indemnity. Grantor, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the Packet Pg. 205 7.6.a use of the Easement Area by Grantee, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of Grantor or Grantor's officials, officers, directors, employees or agents, or the concurrent negligence of Grantor or Grantor's officials, officers, directors, employees or agents, to the extent of such concurrent negligence. Grantee shall protect, defend, indemnify and hold Grantor harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by Grantor arising out of Grantee's use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of Grantor or Grantor's officials, officers, directors, employees or agents to the extent of such concurrent negligence. Grantee agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Grantee's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the Grantor only, and only to the extent necessary to provide the Grantor with a full and complete indemnity of claims made by the Grantee's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Grantor shall give Grantee prompt written notice of any suit or proceeding entitling Grantor to indemnification pursuant to this Section 4 and Grantee shall thereafter defend Grantor in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. GRANTEE, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by GRANTOR, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents, or the concurrent negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents, to the extent of such concurrent negligence. GRANTOR shall protect, defend, indemnify and hold GRANTEE harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by GRANTEE arising out of GRANTOR's use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents to the extent of such concurrent negligence. GRANTOR agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of GRANTOR's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the GRANTEE only, and only to the extent necessary to provide the GRANTEE with a full and complete indemnity of claims made by the GRANTOR's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. GRANTEE shall give GRANTOR prompt written notice of any suit or proceeding entitling GRANTEE to indemnification pursuant to this Section 4 and GRANTOR shall thereafter defend GRANTEE in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. -2- Packet Pg. 206 7.6.a 5. Notice. Any notice permitted or required to be given by either party to this Agreement shall be given in writing and may be effected by certified United States mail, with return receipt requested, properly addressed, postage prepaid, by reputable overnight delivery service, or by personal delivery, as follows: If to Grantor: City of Edmonds 121 51 Avenue N Edmonds, WA 98020 Attn: City Clerk If to Grantee: Edmonds Senior Center 220 Railroad Avenue Edmonds, WA 98020 Attn: Executive Director or to such other address or to such other person's attention of which notice was given in accordance with this section. Notice shall be deemed effective upon three (3) days after being properly delivered as described above. 6. Attorney's Fees and Costs. If either party shall bring an action to enforce the terms of this Agreement, in any such action the prevailing party shall be entitled to an award of its reasonable attorneys' fees and reasonable costs. Said costs and attorneys' fees shall include, without limitation, costs and attorneys' fees incurred in any appeal or in any proceedings under any present or future federal bankruptcy, forfeiture or state receivership or similar law. 7. Governing Law. This Agreement shall be governed by Washington law. 8. Severability. All provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of the remaining provisions. 9. Automatic Termination of Easement. This Easement shall automatically terminate upon the termination of the Ground Lease. In the event of such termination, the parties hereto agree to execute all documents necessary to document the termination and remove the encumbrance from title. 10. Amendment, Recording. This Agreement may be amended or modified only by written instrument, executed and acknowledged by the parties hereto or their successors or assigns, recorded with the Snohomish County Auditor. 11. Headings. The headings used herein are for convenience only and are not to be used in interpreting this Agreement. 12. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements with respect to the matters described herein. -3- Packet Pg. 207 7.6.a 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed the original, but which together shall constitute one and the same instrument. 14. Dispute Resolution. Before commencing any suit to resolve a dispute arising out of this Agreement, the Parties shall attempt to resolve the matter through mediation. (Remainder of Page Intentionally Left Blank) GRANTOR: a By: Name: Title: GRANTEE: a By: Name: Title: me Packet Pg. 208 7.6.a STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) STATE OF ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Use this space for notarial stamp/seal) Notary Public Print Name My commission expires -5- Packet Pg. 209 7.6.a Exhibit A BURDENED PROPERTY LEGAL DESCRIPTION A-1 a Packet Pg. 210 7.6.a EXHIBIT "A" UTILITY EASEMENT THAT PORTION OF GOVERNMENT LOT 2, IN SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THE GREAT NORTHERN RAILWAY RIGHT-OF-WAY WITH SOUTH LINE OF SAID GOVERNMENT LOT 2; THENCE NORTH 42°35'13" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 150.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE NORTH 47-24'47" WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 42'35'13" EAST, A DISTANCE OF 1.19 FEET, - THENCE NORTH 47°08'59" WEST, A DISTANCE OF 141.82 FEET; THENCE NORTH 42'38'51" EAST, A DISTANCE OF 6.00 FEET; THENCE SOUTH 47`08'59" EAST, A DISTANCE OF 89.96 FEET; THENCE SOUTH 62'57'29" EAST, A DISTANCE OF 53.82 FEET; THENCE NORTH 42"35'13" EAST, A DISTANCE OF 27.27 FEET; THENCE NORTH 48°11'24" WEST, A DISTANCE OF 21.38 FEET; THENCE SOUTH 87'21'22" WEST, A DISTANCE OF 50.68 FEET; THENCE NORTH 47"08'59" WEST, A DISTANCE OF 16.64 FEET; THENCE NORTH 42"51'01" EST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 12.45 FEET; THENCE NORTH 87°21'22" EAST, A DISTANCE OF 42.42 FEET; THENCE NORTH 41'48'36" EAST, A DISTANCE OF 6.74 FEET; THENCE NORTH 43°56'43" WEST, A DISTANCE OF 42.13 FEET; THENCE NORTH 42"51'01" EAST, A DISTANCE OF 10.02 FEET; THENCE SOUTH 43"56'43" EAST, A DISTANCE OF 39.27 FEET; THENCE NORTH 41°48'36" EAST, A DISTANCE OF 21.77 FEET; THENCE NORTH 48'11'24" WEST, A DISTANCE OF 37.54 FEET; THENCE NORTH 42°51'01" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 48'11'24" EAST, A DISTANCE OF 37.18 FEET; THENCE NORTH 41°48'36" EAST, A DISTANCE OF 36.38 FEET; 5-24-Zo�4 THENCE SOUTH 47°11'24" EAST, A DISTANCE OF 40.77 FEET TO SAID WESTERLY LINE OF THE GREAT NORTHERN RAILWAY RIGHT-OF-WAY; THENCE ALONG SAID RAILWAY RIGHT-OF-WAY SOUTH 42°48'36" WEST, A DISTANCE OF 10.00 FEET; THECNE NORTH 47"11'24" WEST, A DISTANCE OF 30.59 FEET; THENCE SOUTH 41°48'36" WEST, A DISTANCE OF 72.71 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 7.01 FEET; I-OFZ. Packet Pg. 211 7.6.a THENCE SOUTH 42°26'13" WEST, A DISTANCE OF 19.04 FEET; THENCE SOUTH 48'11'24" EAST, A DISTANCE OF 17.57 FEET; THENCE NORTH 42"35'13" EAST, A DISTACNE OF 65.96 FEET; THENCE NORTH 47"24'47" WEST, A DISTANCE OF 5.00 FEET TO SAID WESTERLY LINE OF THE GREAT NORTHERN RAILWAY RIGHT-OF-WAY; THENCE ALONG SAID RAILWAY RIGHT-OF-WAY SOUTH 42"35'13" WEST, A DISTANCE OF 142.45 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF EDMONDS, COUNTY OF SNOHOMISH, STATE OF WASHINGTON. S-2-+'?-p19 2 of 2 Packet Pg. 212 7.6.a Exhibit B BURDENED PROPERTY DEPICTION a Packet Pg. 213 7.6.a EXHIBIT "B" PTN. OF GOV. LOT 2, SECTION 23, T.27N, R.3E, W.M. CITY OF EDMONDS, SNOHOMISH COUNTY, WA I S47'11'24"E 40.77' S42'48'36"W 10.00' N47'11'24"W 00 30.59' r� � cOo N47' 24' 47 "W APN: 27032300104200 w �5.00' � N 00 2 z M 0 OD ♦� m Q Lo O m to S48'11'24"E 37.18' w J Lo Lo N N42'51'01"E n N47'OS20,00 'S9"W 7.01' rl z 0 0 N48'11'24"W 37.54' m Tv in a N41'48'36"E N ZQ 3 21374 N N � S43'56'43"E 39.27' N42'51'01'E S48'11'24' Z Z W 10.02' 17.57' Of wZ N43'56'43"W 42.13' F N41'48'36"E� N48' 11'24"W 0O 6.74' hR' 21.38' Z 7 Zr4 S47'08'59'£ OP'N42'35'13"f O 2 v 12.45' �'1 e L�� 24.27' ~ O N42'5> 1'01"~; �� ti 82' - 53 10.00' 47'08'59" _Z J SC1' 16.64' 5 562 TRUE POINT S47'08'59"E 89.96' It O OF BEGINNING NI 42'38'S1 "E-6.00' m 1 N47'O8'59"W-141.82'r`-- N42'35'13"E APN: 00724500100000 1.19 wl N47'24'47"W "I o o 4 T. A 5.00' M o vl Z l �� Q - y x STS y f 20 10 0 20 40 SCALE IN FEET 728 134th Street SW - Suite 200 1 1 1 I Everett, Washington 98204 Ph: 425 741-3800 DRAWN BY MIE DRAWN CHMIM BY DATE CNEMM FllE N0' DVW 05/16/19 PTA 05/21/19 222018.009 i i Packet Pg. 214 7.6.a Exhibit C BENEFITTED PROPERTY a Packet Pg. 215 7.6.a LEASE DESCRIPTION THAT PORTION OF GOVERNMENT LOT 2, IN SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THE GREAT NORTHERN RAILWAY RIGHT-OF-WAY WITH 50UTH LINE OF SAID GOVERNMENT LOT 2; THENCE NORTH 42°35'13" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 150.00 FEET; THENCE AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE NORTH 47'24'47" WEST, A DISTANCE OF 78.73 FEET; THENCE NORTH 42-35,13" EAST PARALLEL WITH SAID RIGHT OF WAY LINE, A DISTANCE OF 7.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 42`51'01" EAST, A D15TANCE OF 81.04'; THENCE SOUTH 47'Q8'59" EAST, A DISTANCE OF 1.28 FEET; THENCE NORTH 42-51'01" EAST, A DISTANCE OF 28.17 FEET; THENCE NORTH 47-08'59" WEST, A DISTANCE OF 4.75 FEET; THENCE NORTH 42-51'01" EAST, A DISTANCE OF 18.33 FEET, THENCE SOUTH 47008'59" EAST, A DISTANCE OF 3.25 FEET; THENCE NORTH 42°51'01" EAST, A DISTANCE OF 23.17 FEET; THENCE NORTH 46'41'06" WEST, A DISTANCE OF 100.13 FEET; THENCE SOUTH 42'5V01" WEST, A DISTANCE OF 3.00'; THENCE SOUTH 47°08'59" EAST, A DISTANCE OF 2.00; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 11.07 FEET; THENCE NORTH 47-08'59" WEST, A DISTANCE OF 2.00 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47-08'59" EAST, A DISTANCE OF 2.00 FEET; THENCE SOUTH 42'51'01" WEST, A DISTANCE OF 32.95 FEET; THENCE NORTH 47'Q8'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 10.60 FEET; THENCE NORTH 47°08'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47°08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 10.60 FEET; THENCE NORTH 47°08'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51101" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47-08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42-51'01" WEST, A DISTANCE OF 10.60 FEET; THENCE NORTH 47`08'59" WEST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 1.50 FEET; THENCE SOUTH 42°51'01" WEST, A DISTANCE OF 21.35 FEET, THENCE SOUTH 47-08'59" EAST, A D15TANCE OF 1.56 FEET; THENCE SOUTH 42-51-01" WEST, A DISTANCE OF 8.51 FEET; THENCE NORTH 47°08'59" WEST, A DISTANCE OF 1.56 FEET; THENCE SOUTH 42-51-01" WEST, A DISTANCE OF 15.24 FEET; THENCE SOUTH 47`08'59" EAST, A DISTANCE OF 28.25 FEET; THENCE SOUTH 42'51'01" WEST, A D15TANCE OF 12.58 FEET; THENCE SOUTH 47'08'59" EAST, A DISTANCE OF 70.11 FEET TO THE POINT OF BEGINNING SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASH INGTON. 9-14-ZDLS Packet Pg. 216 I 7.6.a I S42'51'01 "W 3.00'— S47'08'59"E 2.00'- N47'08'59"W 2.00'- S42'51'01 "W 3.00'— S47'08'59"E 2.00' S42'51 '01 "W 32.95' N47'08'59"W 1.50 S42'51'01 "W 3.00'- S47'08'59"E 1.50' N47'08'59"W 1.50'- S42'51'01 "W 3.00'- 547'08'59"E 1.50' N47'08'59"W 1.50' S42'51'01"W 3.00' S47'08'59"E 1.50' N47'08'59"W 1.50'- S42'51'01"W 3.00', 'i. TAX ACCT. NO. 27032300104200 N46'41'06"W 100.13'— CN'R 51'01"W 11.07' 51'01"W 10.60' 51'01 "W 10.60, S42'51'01 "W 10.60' -S47'08'59"E 1.50' N42'51 '01 "E 23.17' S47'08'59"E 3.25' N42'51'01 "E 18.33' N47'08'59"W 4.75' N42'51'01 "E 28.17'— S47'08'59"E 1.2B' PROPOSED LEASE LYING IN GOVERMENT LOT 2, SECTION 23, TWP 27 N, RGE 3 E ALONG EXTERIOR OF FOUNDATION PLAN '51'01"W 21.35' 7'08'59"E 1.56' 51'01"W 8.51' '--N47'08'59"W 1.56' N42'51'01 "E $1.04' 542'51'01"W 15.24' ol op S47'08'59"E 28.25' LEASE PERIMETER S42'51 '01 "W 12.58' POINT DF— P'��.. • . °8; s .. 0. .1.--\ ....BEGINNING . 0 20 40 60 f TA}( ACCT. NO. 27032300104200 f N42'35' 1 YE 7.53' SCALE IN FEET TAX ACCT. NO. 00724500100000 N47'24'47"W 78.73' ' DES. 728 130 Street SW Sdb 200 l Erma, Wad irgW 98204 IN: 425 741-3800 K SCALE 1 = 20' SHEET NO. FB IW .. PTA DATI 222018.009 9/14/2018 OF 1 SHEETS Packet Pg. 217 7.6.b RESOLUTION NO. 1450 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF DEPOSIT ACCOUNT AND AN AMENDMENT TO GROUND LEASE IN RELATION TO THE CITY'S PROVIDING OF $2,000,000 COLLATERAL IN SUPPORT OF THE EDMONDS SENIOR CENTER'S BORROWING OF UP TO $2,000,000 FROM FIRST FINANCIAL NORTHWEST BANK TO COMPLETE CONSTRUCTION OF THE EDMONDS WATERFRONT CENTER. WHEREAS, the City of Edmonds is a noncharter optional municipal code city which is, and at all times shall be, duly organized under Title 35A RCW, validly existing, and in good standing under and by virtue of the laws and regulations of the State of Washington; and WHEREAS, pursuant to RCW 35A.11.020, the legislative body of each code city shall have all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law; and WHEREAS, pursuant to RCW 35A.11.020, the legislative body of each code city shall have any authority ever given to any class of municipality or to all municipalities of this state before or after the enactment of Title 35A RCW; and WHEREAS, pursuant to RCW 35A.11.050, the general grant of municipal power conferred by Title 35A RCW on legislative bodies of noncharter code cities is intended to confer the greatest power of local self-government consistent with the Constitution of this state and shall be construed liberally in favor of such cities; and WHEREAS, the City of Edmonds, by and through its legislative body, has the full power and authority to transact the business and activities in which it presently engages or presently proposes to engage; and WHEREAS, the Edmonds city council met on March 3, 2020 and March 10, 2020 to discuss and deliberate concerning the proposed collateral arrangement of the Edmonds Senior Center's $2,000,000 loan; and WHEREAS, the Edmonds city council met on March 3, 2020 and March 10, 2020 to discuss and deliberate concerning the associated amendments to the ground lease between the City and the Edmonds Senior Center ("ESC"); and WHEREAS, a quorum of the Edmonds city council met on March 24, 2020 to consider taking final action on this resolution to approve the assignment of deposit account and the ground lease amendments; and Packet Pg. 218 7.6.b WHEREAS, the loan arrangement with ESC is a benefit to the City and that the City is willing to grant the $2,000,000 collateral to secure the indebtedness of ESC; and WHEREAS, the City and ESC have entered into a ground lease that allows ESC to construct a new building on the City's property; and WHEREAS, construction of the new building has commenced; and WHEREAS, the ground lease is being amended to include terms that are intended to make it less likely that the City's collateral would be called upon by the bank; and WHEREAS, the ground lease is being amended to clarify other terms that relate to the shared use of the building and intended use of the building as a place for community gatherings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Assignment of Deposit Account among the City of Edmonds, First Financial Northwest Bank, and the Edmonds Senior Center, in the amount of $2,000,000, and dated March 13, 2020, as shown in Exhibit A hereto, is approved as to all of its terms. Section 2. The Amendment to Ground Lease between the City of Edmonds and the Edmonds Senior Center, attached hereto as Exhibit B, is approved as to all of its terms. Section 3. Mike Nelson, having been duly elected to serve as mayor of the City of Edmonds, is hereby authorized to execute on behalf of the City the documents referenced in Sections 1 and 2, above. Section 4. Scott James, being the duly appointed finance director of the City of Edmonds, is hereby authorized to provide the security and to make the $2,000,000 deposit contemplated by the Assignment of Deposit Account referenced in Section 1, above. Section 5. Mike Nelson and/or Scott James are hereby authorized to do or perform any other further acts necessary to or proper in order to carry out the provisions of this Resolution. Section 6. Any and all acts authorized pursuant to this Resolution and performed prior to the date of the Resolution are hereby ratified and approved. 2 Packet Pg. 219 7.6.b RESOLVED this 24t" day of March, 2020. CITY OF EDMONDS MAYOR, MIKE NELSON ATTEST: C LER , SC OTT f . SEY FILED WITH THE CITY CLERK: March 20, 2020 PASSED BY THE CITY COUNCIL: March 24, 2020 RESOLUTION NO. 1450 3 Packet Pg. 220 ASSIGNMENT OF DEPOSIT ACCOUNT 7.6.b Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $2,000,000.00 03-13-2020 111-01-2027 1 2704517 1 1 LUMM References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """' has been omitted due to text length limitations. Borrower: Edmonds Senior Center 220 Railroad Ave Edmonds, WA 98020 Grantor: City of Edmonds 121 5th Ave N Edmonds, WA 98020 Lender: First Financial Northwest Bank 207 Wells Ave S PO Box 1130 Renton, WA 98057 THIS ASSIGNMENT OF DEPOSIT ACCOUNT dated March 13, 2020, is made and executed among City of Edmonds ("Grantor"); Edmonds Senior Center ("Borrower"); and First Financial Northwest Bank ("Lender"). ASSIGNMENT. For valuable consideration, Grantor assigns and grants to Lender a security interest in the Collateral, including without limitation the deposit account(s) described below, to secure the Indebtedness and agrees that Lender shall have the rights stated in this Agreement with respect to the Collateral, in addition to all other rights which Lender may have by law. COLLATERAL DESCRIPTION. The word "Collateral" means the following described deposit account(s) ("Account"): CD Account Number with Lender with an approximate balance of $2,000 ............... ................ together with (A) all interest, whether now accrued or hereafter accruing; (B) all additional deposits hereafW' :: r."0b to the Account; (C) any and all proceeds from the Account; and (D) all renewals, replacements and substitutions for any of the foreritig#:' �?t) In addition, the word "Collateral" includes all of Grantor's property (however owned if owned by morari ... person or entity), in Lender's possession (or in the possession of a third party subject to Lender's control), whether existing now ctt`ta(Cai3tihether tangible or intangible in character, including without limitation each and all of the following: (A) All property to which Lender acquires title or documents of title. (B) All property assigned to Lender. (C) All promissory notes, bills of exchange, stock certificates, bonds, savings pass�aoi time certificates of dejjs$urance policies, and all other instruments and evidences of an obligation. ................... (D) All records relating to any of the property described in this Collateral sep$RAW al t electronic media. BORROWER'S WAIVERS AND RESPONSIBILITIES. Except as otherwise requrred<uriciathis agrees that Lender need not tell Borrower about any action or inaction Lender takeisii t QErt the responsibility for being and keeping informed about the Collateral; and (C) Bortft.". :............. action or inaction of Lender, including without limitation any failure of Lender to realizeuiae)i upon the Collateral; and Borrower agrees to remain liable under,.the Note no matter'iCq Agreement. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Graritijr w.arr6hbs:4 (5t::::;.(A) this Agn at the request of Lender; (B) Grantor has the full right, power a utl)4fIty ....A' ' Kr nto this (C) Grantor has established adequate means of obtaining from` - i`r4vuer otti �z Gt kt� i�Ea t g' basi and (D) Lender has made no representation to Grantor about Boiratitvt. or Bor"r"njver:s:rec3atN GRANTOR'S WAIVERS. Grantor waives all requirements of prese;)..tm' or Grantor, or any other party to the Indebtedness or the Collaterat<F4 Borrower, without first obtaining the consent;:afraitior: (A) grant'ay any modification of payment terms or oth'r#rrns vri(D) exchange'e shall affect Lender's rights against GranT((Jr#fie<:Grilafeial. RIGHT OF SETOFF. To the extent poe ,AWR`by appfiob.0law, Lender checking, savings, or some other:;:�cct�rit). This inCEides all accounts open in the future. However, tt215##) is not includelIRA:;.o..r.,Keogh law. Grantor authorizes Lenders t l ei extent p iitsxd fa" a `<` Mbte:;l. :.: YAPB n II and a such accounts. ....................................... GRANTOR'S REPRESENTATIONS i and promises to Lende ._AhaL :.... Ownership,,.: alAt k' iS 1& and accept tir€rrtlrartixn±r No't?'ioFA3stgnment. Grantor No FurtEtC' T'afsfer. Grantor provided irttislgreement. No Defaults.**',.T..-:he'*Eere no and promptly did.: ) ithin Collateral. Proceeds. Any and' received by Grantor shall::. of the Collateral. in tttee foI'm of writing, microfR.. " microfiche, or - nt or by applicable law, (A) Borrower #ith this Agreement; (B) Borrower assumes any defenses that may arise because of any Collateral or any delay by Lender in realizing on Lender takes or fails to take under this ;ecuted at Borrower's request and not and to pledge the Collateral to Lender; i about Borrower's financial condition; ?:tefriaid a':ntl'notice of dishonor or non-payment to Borrower ..,....; >do any oft e following with respect to any obligation of any i of time for any payment, (B) grant any renewal, (C) permit any Collateral or other security. No such act or failure to act s a right of setoff in all Grantor's accounts with Lender (whether holds jointly with someone else and all accounts Grantor may s, or any trust accounts for which setoff would be prohibited by charge or setoff all sums owing on the Indebtedness against any WITH RESPECT TO THE COLLATERAL. With respect to the Collateral, Grantor represents free and clear of all loans, liens, encumbrances, and claims except as disclosed to ht, power, and authority to enter into this Agreement and to assign the Collateral to granted a security interest in the Collateral to any other creditor. sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Collateral except as slating to the Collateral, and there are no offsets or counterclaims to the same. Grantor will strictly of Grantor under the terms, conditions, promises, and agreements contained in or relating to the tcement or renewal certificates, instruments, or other benefits or proceeds related to the Collateral that are held by Grantor in trust for Lender and immediately shall be delivered by Grantor to Lender to be held as part Validity; Binding Effect. This Agreement is binding upon Grantor and Grantor's successors and assigns and is legally enforceable in accordance with its terms. Financing Statements. Grantor authorizes Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perfect Lender's security interest. At Lender's request, Grantor additionally agrees to sign all other documents that are necessary to perfect, v ca protect, and continue Lender's security interest in the Property. Grantor will pay all filing fees, title transfer fees, and other fees and costs Q involved unless prohibited by law or unless Lender is required by law to pay such fees and costs_ Grantor irrevocably appoints Lender to execute documents necessary to transfer title if there is a default. Lender may file a copy of this Agreement as a financing statement. LENDER'S RIGHTS AND OBLIGATIONS WITH RESPECT TO THE COLLATERAL. While this Agreement is in effect, Lender may retain the rights to possession of the Collateral, together with any and all evidence of the Collateral, such as certificates or passbooks. This Agreement will remain in effect until (a) there no longer is any Indebtedness owing to Lender; (b) all other obligations secured by this Agreement have been fulfilled; and (c) Grantor, in writing, has requested from Lender a release of this Agreement. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Grantor fails to comply with any provision of this Agreement or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Agreement or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Collateral and paying all costs for insuring, maintaining and preserving the Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may Packet Pg. 221 ASSIGNMENT OF DEPOSIT ACCOUNT Loan No: 270451 (Continued) 7.6.b Page 2 occurrence of any Event of Default. LIMITATIONS ON OBLIGATIONS OF LENDER. Lender shall use ordinary reasonable care in the physical preservation and custody of any certificate or passbook for the Collateral but shall have no other obligation to protect the Collateral or its value. In particular, but without limitation, Lender shall have no responsibility (A) for the collection or protection of any income on the Collateral; (B) for the preservation of rights against issuers of the Collateral or against third persons; (C) for ascertaining any maturities, conversions, exchanges, offers, tenders, or similar matters relating to the Collateral; nor (D) for informing the Grantor about any of the above, whether or not Lender has or is deemed to have knowledge of such matters. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Default in Favor of Third Parties. Borrower or Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or Grantor's property or ability to perform their respective obligations under this Agreement or any of the Related Documents. E False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or 0 Grantor's behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time Q made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and.,%#fect (including failure of any m 10 collateral document to create a valid and perfected security interest or lien) at any time and for any reason::::;::;::::;:':::':::.. Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, ths: ti tzl .. of Borrower or Grantor, 5 the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for:4l%i)• Mefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency law:S<'t)y tJi?> gainst Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedingsr..*))hgt'..sFSy.#titdicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any goven�.v.n E taf::.agei a a st any collateral securing r the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accour .-►ncluding ding-p ;accounts, with Lender. m However, this Event of Default shall not apply if there is a good faith dispute by Borrovuoi :or 6 for as to ti� ...or reasonableness of #jWOR. V the claim which is the basis of the creditor or forfeiture proceeding and if Borrower orii3iaE3r gives Lender wriitn.raEse of the creditor or +� .:;:...:;:.: forfeiture proceeding and deposits with Lender monies or a surety bond for the cr.Kpf..r-forfeiture proceeding P 9 P Y P g.`ffl:;r1d)Y?Qunt determined p by Lender, in its sole discretion, as being an adequate reserve or bond for the dispu#e`'" .� Events Affecting Guarantor. Any of the preceding events occurs with respect#....as y guarantgrx dosser, surety, or acr if modation party 4 of an of the Indebtedness or guarantor, endorser, surety, or accommodation.....::. dies or bqq eij incom etent or revokes or disputes the Y 9 Y� ...(� P P validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Borrower's or Gird ' .fi t aa[' e r dition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. d Insecurity. Lender in good faith believes itself insecure Cure Provisions. If any default, other than a default in I same provision of this Agreement within the preceding t\n Borrower demanding cure of such default: (1) cures the days, immediately initiates steps which Lender deems continues and completes all reasonable and necessary ste RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence more of the following rights and remedies, in addition to any ri Accelerate Indebtedness. Lender may die 9 kind to Borrower or Grantor. Application of Account Proceeds..::#'ii< subject to an early withdrawal .perIir #hat I the Account is with Lender:::dEzirie other Indebtedness will be paid;:..Fftiwer or G permitted by law, to pay afo i� fl pcy afte:e, rights of a secured party urM........ W. ..as116 .................:.:.::..... concerning security interests, a rulf#jzarit nonetheless be a part of this Agrer ... curable and if Graifrinot been given a notice of a breach of the n'ths, it may be cLiii~d.)f. ntor, after Lender sends written notice to l it iriy (30) days; or <��):> f the cure requires more than thirty (30) > ? is to be sii€rycient to cure the default and thereafter f'fti ptgdi(t ipjjance asboon as reasonably practical. of Dekfttt;6.ittitirie thereafter, Lender may exercise any one or dies(Yrriay te=available at law, in equity, or otherwise: Lender immediately due and payable, without notice of any ily all furidn;#kie Account and apply them to the Indebtedness. If the Account is be deductedfrian the Account before its application to the Indebtedness, whether Any exces<'Tuttls remaining after application of the Account proceeds to the interests (s;E3o7rower or Grantor may appear. Borrower agrees, to the extent 7f't)?e.... G, eds of the Account to the Indebtedness. Lender also shall have all the 1 . . . ....M...CisiCial Code, even if the Account is not otherwise subject to such Code .................. i'eri( rjtagree that the provisions of the Code giving rights to a secured party shall Transfer Title;.afttf:ffect tratS€F fji,Xle upon sale of all or part of the Collateral. For this purpose, Grantor irrevocably appoints Lender as.:Fi4tLt`?8.f3itt?;tfi fact t................ eXsCEendorsementsassignments and instruments in the name of Grantor and each of them if more than e)<wsFiaff= iix<tgq%Wry or reas'iialiEe ::.. Other>'��"j;ifs�� and R m :,:.,„tg.,..;. a edies . f diar shall havia ar3d may exercise any or all of the rights and remedies of a secured creditor under the prI1Q[ES>bf the Washington Ll#tja7YiCommerc51`Code, at law, in equity, or otherwise. Def'icj if J .Ogment. If permitfi zFS . pplicable law, Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender.xtier.pplication of all ajnts received from the exercise of the rights provided in this section. Election of#eigedies. Exceptbe prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement dffty. t ether w-0:11" all be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall notEiil,._s�ui.)f any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this; mom:.! after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Cumulative Remedies. "'-`,- I] of Lender's rights and remedies, whether evidenced by this Agreement or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and to exercise its remedies. NOTICE OF ORAL AGREEMENTS. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. COUNTERPARTS; FAXED SIGNATURES. This document may be executed in any number of counterparts and by different parties to this document on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. Any signature delivered by a party by facsimile transmission shall be deemed to be an original signature hereto. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Grantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement, and Grantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services. Grantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Washington without regard to its conflicts of law provisions. This Agreement has been accepte Packet Pg. 222 ASSIGNMENT OF DEPOSIT ACCOUNT Loan No: 270451 (Continued) 7.6.b Page 3 State of Washington. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of King County, State of Washington. Joint and Several Liability. All obligations of Borrower and Grantor under this Agreement shall be joint and several, and all references to Grantor shall mean each and every Grantor, and, all references to Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in this Agreement. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Agreement. Preference Payments. Any monies Lender pays because of an asserted preference claim in Borrower's or Grantor's bankruptcy will become a part of the Indebtedness and, at Lender's option, shall be payable by Borrower and Grantor as provided in this Agreement. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Notices. Subject to applicable law, and except for notice required or allowed by law to be given in another Manner, any notice required to be given under this Agreement shall be given in writing, and shall be effective when actually deliverO :ighen actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overng# #:: -owner, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, direct-ed: w: 'b addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreemergi:. wing formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For.;rpia:poses, Grantor agrees to keep Lender informed at all times of Grantor's current address. Subject to applicable law, and exceptst:tt>:sred or allowed by law to be given in another manner, if there is more than one Grantor, any notice given by Lender to ar itor-i :e1i .. to be notice given to all Grantors. Power of Attorney. Grantor hereby appoints Lender as its true and lawful attorney-in-f&G : irrevocably, with fuf(: pp} gf Qf substitution to do the following: (1) to demand, collect, receive, receipt for, sue and recover all AM money or other prti El t; 3ii hich may now or hereafter become due, owing or payable from the Collateral; (2) to execute, sigi;i:fidorse any and all claimsiitseu`ments, receipts, checks, drafts or warrants issued in payment for the Collateral; (3) to settle o[ i 3 t iinise any and all claims arising} 1 Ltd r the Collateral, and in the place and stead of Grantor, to execute and deliver its release and sef(iii3ent for the claim; and (4) to file ariyi laim or claims or to take any action or institute or take part in any proceedings, either in its fsu .,---i.;iAme or in the a3e;of Grantor, or otherwise, which in the discretion of Lender may seem to be necessary or advisable. This power 'f§:efitri3F):its securilit:: tfe Indebtedness, and the authority hereby conferred is and shall be irrevocable and shall remain in full force and effecf uritilrieaIncdE::lrehder. Waiver of Co-Obligor's Rights. If more than one person is obligated for the�[rftrs, Grantor irrevocably waives, disclaims and relinquishes all claims against such other person which Grantor has or would otliiij { . by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contr#fvior:xoneration. Severability. If a court of competent jurisdiction finds arty"piaa.v ion. of this Agreemer : o::txe:lllegal, invalid, or unenforceable as to an circumstance, that finding shall not make the offending y g g prgvi :ijjega1 invalid, or unenfor- s[e to any other circumstance. If feasible, the offending provision shall be considered modified so thet i i cdri7 3 je tr valid and enforC i ex.: -If the offending provision cannot be so modified, it shall be considered deleted from this AgreemeE3tiiilless of niuisrecajred by lav✓fTie illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legal[Eyljdity or eriff:ny other provision of this Agreement. Successors and Assigns. Subject to any limitations stated':II binding upon and inure to the benefit of the parties, their si' person other than Grantor, Lender, withadl h-6tice::to Grantor, 1 Indebtedness by way of forbearance::Ea:ftstFfi:without rel.... Indebtedness. Survival of Representations and': I eiranties. Ali representati survive the execution and deli�F� �t::xshhis AgreeCfigi shall be ::.. .. .. ....:... as Borrower's Indebtedne§sst? a paid in fuii3 : ,,::...,,,.. r4fti~>&r'of Grantors interest, this Agreement shall be 9.signs. If" ownership of the Collateral becomes vested in a rantor's successors with reference to this Agreement and the from the obligations of this Agreement or liability under the !s, and agreements made by Grantor in this Agreement shall nature, and shall remain in full force and effect until such time Time is of the Essence. Tirrreas dMe esseh i; ti?a': gerf( er ate ':t ;f::fhis Agreement. Waive Jury. All parties to this ry p �me..... �reby waive the.:ngh#:to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. Th:#€€Y3pjtplized uttj:ijjt_:.lerms shall have the followingmeanings when used in this Agreement. Unless specifically 9 9 P Y stated to the co; r s BEE: k &3 E ;;to doll"""`-"-'-- i3ritis..shall mean amounts in lawful money of the United States of America. Words and terms used in the siri lar:stTa11 iricfuii #jig ;plural, and ft plural shall include the singular, as the context may require. Words and terms not otherwise defined in.X#3 : jaCement shall' &Y8::3 fneanin6i%WbiiEed to such terms in the Uniform Commercial Code: Aq04&&he word "Account" 41&-the deposfYaccount(s) described in the "Collateral Description" section. Agr'The word "Agreemef:`ieans this Assignment of Deposit Account, as this Assignment of Deposit Account may be amended or mom ::"R' a.;time to time, to& with all exhibits and schedules attached to this Assignment of Deposit Account from time to time. Borrowr. `l#e e:>uiFrd "Borrower.:::frxeans Edmonds Senior Center and includes all co-signers and co -makers signing the Note and all their successors atitl':sS511s. Collateral. The,::" 1 ff1 Bans all of Grantor's right, title and interest in and to all the Collateral as described in the Collateral Description section`'af1M1<;%t:fement. --------------- Event of Default. The`v�aerfs "Event of Default" mean any of the events of default set forth in this Agreement in the default section of this Agreement. Grantor. The word "Grantor" means City of Edmonds. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Borrower is responsible under this Agreement or under any of the Related Documents. Lender. The word "Lender" means First Financial Northwest Bank, its successors and assigns. Note. The word "Note" means the Note dated March 13, 2020 and executed by Edmonds Senior Center in the principal amount of $2,000,000.00, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement. Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Collateral Description" section of this Agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Packet Pg. 223 7.6.b ASSIGNMENT OF DEPOSIT ACCOUNT Loan No: 270451 (Continued) Page 4 BORROWER AND GRANTOR HAVE READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS ASSIGNMENT OF DEPOSIT ACCOUNT AND AGREE TO ITS TERMS. THIS AGREEMENT IS DATED MARCH 13, 2020. GRANTOR: CITY OF EDMONDS By: Authorized Signer for City of Edmonds BORROWER: EDMONDS SENIOR CENTER By: Authorized Signer for Edmonds Senior Center L—rPro, V- 19.3.0.038 Cop, Fin-tm USA Corporation 1997, 2020. All Rights R... md. - WA c1CFt9.PUE90.FC TR-3716 Packet Pg. 224 7.6.b AMENDMENT TO GROUND LEASE -ZqA THIS ANND ENT TO GROUND LEASE (this "Amendment"), effective the day of yj , 2020 ("Effective Date") is between THE CITY OF EDMONDS, a municipal corporation of the State of Washington (the "City") and THE EDMONDS SENIOR CENTER, a nonprofit corporation under the laws of the State of Washington (the "Senior Center"). WHEREAS, the City and the Senior Center entered into a Ground Lease dated April 15, 2019 (the "2019 Lease"), the Term of which is scheduled to expire on April 14, 2059 unless extended by the fifteen -year option to extend in the 2019 Lease; and WHEREAS, the 2oi9 Lease was recorded in Snohomish County's real property records under auditor's file number 201911130021; and WHEREAS, subsequent to the execution and recording of the 2019 Lease, the Senior Center determined that it would need to obtain a bank loan to complete the construction of the Edmonds Waterfront Center on the property subject to the 2019 Lease; and WHEREAS, the Senior Center's new bank loan is expected to take the form of a Line of Credit / Term Loan in the amount of Two Million Dollars ($2,000,000) (the "Line of Credit / Term Loan") due to the fact that the Senior Center's fundraising is ongoing, making it unclear exactly how much money the Senior Center will need to borrow; and WHEREAS, the Line of Credit / Term Loan will have a Maturity Date of November i, 2027, by which date, the Senior Center shall be required to fully repay any outstanding balance on the Line of Credit / Term Loan, including all interest and any other amounts owing to the bank under the terms of the Promissory Note between the bank and the Senior Center; and WHEREAS, the Senior Center has asked the City to guarantee the Line of Credit / Term Loan; and WHEREAS, the nature of the City's guarantee would be such that the City would be required to keep $2,000,000 on deposit with the bank while the Senior Center's Line of Credit / Term Loan is outstanding; and WHEREAS, under the contemplated lending agreements, if the Senior Center fails to make timely payments during the term of its Line of Credit / Term Loan or fails to completely repay any amounts owing under the Line of Credit / Term Loan by the Maturity Date, the bank would be entitled to deduct from the City's funds on deposit any amount that the Senior Center fails to pay the bank, including, but not limited to, any balance still owing the bank as of the Maturity Date; and WHEREAS, any amount so deducted from the City's funds on deposit, whether during the term of the Line of Credit / Term Loan or at the Maturity Date, shall be referred to herein as a Guarantee Payment; Packet Pg. 225 7.6.b WHEREAS, the City, while willing to assist the Senior Center, does not intend to make a permanent loan or gift to the Senior Center in the form of the Guarantee Payment(s) referenced above, and wants to ensure that the Senior Center's leaders and donors are sufficiently motivated to facilitate the successful completion of the Senior Center's capital campaign so that no such payment is necessary; and WHEREAS, the City intends the terms of this Amendment to provide that motivation; NOW THEREFORE, The parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound by the terms and conditions of this Amendment, agree as follows: 1. Amendment of Ground Lease. The City and Senior Center hereby amend the following provisions of the 2019 Lease (new text is shown in double underline, deleted text is shown in ): a. SECTION 2, entitled "TERM," shall be amended to read as follows: 2.1 Initial Term. The term of this Lease ("Lease Term") shall extend for a period of Forty (40) years commencing on April 15, 2019, and terminating on April 14, 2059, subject to the right of the Senior Center to extend the Lease Term as provided in 2.2 belo vherein, and subiect to the provisions of 2.3 below, which shorten the Lease Term proportionally to the extent of anv Guarantee Payments made by the City. 2.2 Extension of Lease Term. The Lease Term may be extended by the Senior Center for an additional period of Fifteen (15) years. 2.2.1 Conditions of Extension. In order for the Senior Center to extend the Lease Term, it shall (i) it shall not be in material default at the time of providing Notice of its Lease Extension and thereafter; (ii) it shall provide written Notice of its Lease Extension at least one hundred eighty (180) days prior to the Termination of the Lease TermLan (iiil the Lin of Credit / Term Loan shall have been fullv paid off by the Line of Credit Term Loan Maturity Date of November 1. 2027 without any Guarantee Payment needing to have been made by the Citv at anv time durine the term of the Line of redit / Term Loan. 2.2.2 Process for Extension. No sooner than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, Senior Center shall provide written notice of its intention to exercise the Extension Term. The City and Senior Center shall meet Packet Pg. 226 7.6.b no later than one hundred twenty (120) days prior to the expiration of the Lease Term to confirm the Extension Term, discuss any matters pertaining thereto and sign a Lease 0 E Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Q Term. a, N 2.3 Shortening of Lease Term. For every One Hundred c Thousand Dollars ($100.0001 of Guarantee Payment made by the City: the Lease Term shall be shortened by one year. Any fraction of m' a One Hundred Thousand Dollar Guarantee Payment shall result in a� an additional one year shortening of the Lease Term, including any Guarantee Payment made resulting from the Senior Center's failure to make a timely payment during the term of the Line of Credit / o Term Loan. If multiple Guarantee Payments of less than One Hundred Thousand Dollars are made during the term of the Line of W Credit / Term Loan, the sum of the Guarantee Payments shall be -- tallied for the impose of determining the extent of the shortened C Lease Term. E c 2.3.1 Example #1: if the City's Guarantee Payment equals W E exactly One Million Two Hundred Thousand Dollars L$1.200.0001. on the Maturity Date, and no Guarantee Payments are made before the Maturity Date, then the Lease J Term shall be shortened by twelve ey ars. 13 C 2.3.2 Example #2: if the MW's Guarantee Payment equals exactly One Million Two Hundred Thousand and One Dollars ($1.200.001), on the Maturity Date, and no Guarantee Payments are made before the Maturity Date. then the Lease Term shall be shortened by thirteen e 2.3.3 Example #3: if the City's Guarantee Payment equals 0 LO exactly One Million Two Hundred Thousand Dollars = ($1.200.000), on the Maturity Date, and the City also! to 2 make three Ten Thousand Dollar payments during the term o of the Line of Credit / Term Loan, then the Lease Term shall 0 be shorted by thirteen years (twelve years for the Guarantee 04 Payment made at the Maturity Date and one year for Thirty Thousand Dollars paid during the term of the Line of Credit a) / Term Loanl. c, M 2.3.4 Example #a: if the City's Guarantee Payment equals a exactly One Million Two Hundred Thousand Dollars a ($1.200.000), on the Maturity Date, and the City also had to E make eleven Ten Thousand Dollar payments during the term of the Line of Credit / Term Loan, then the Lease Term shall a Packet Pg. 227 7.6.b be shorted by fourteen years (twelve years for the Guarantee Payment made at the Maturity Date and two years for One Hundred Ten Thousand Dollars paid during the term of the Line of Credit / Term Loan), 2.3.5 Example #5: if the Citv's Guarantee Payment equals exactly One Million Two Hundred Thousand and One Dollars ($1.200.001), on the Maturity Date, and the OW also had to make three Ten Thousand Dollar payments during the term of the Line of Credit / Term Loan. then the Lease Term shall be shorted by thirteen years (in this case the three Ten Thousand Dollar payments shall be combined in the same fraction of $100.00o as the One Dollar over the MWITITI18-1 2.4 Regardless of the amount or number of the Guarantee Payments made, the provisions of subsection 2.3, above. shall not operate to shorten the Lease Term to such an extent as to rp event the Senior Center from satisfying its duty to the State of Washington Department of Commerce under its Leasehold Promissory Note and Leasehold Deed of Trust, which require the Senior Center to use its $a.000.000 state grant award as required by the grant contract for a period of ten (10) e b. SECTION 1.2, entitled "Use of the Property," shall be amended to read as follows: 1.2.1 Allowed Uses of the Propea by the Senior Center. Except as otherwise provided herein, the Senior Center shall use the Property for the purpose of constructing, maintaining, and operating a non-profit community resource center to be known as the "Edmonds Waterfront Center" serving the needs of the local population, in particular, poor, infirm and otherwise vulnerable seniors and other members of the community. 1.2.1.1 Notwithstanding the foregoing, the Senior Center may from time to time utilize portions of the Property for revenue -generating activities including, but not limited to, rentals, catered events and the operation of a +hfift steFe a eafecoffee kiosk, provided that all revenues generated therefrom shall be utilized by the Senior Center exclusively for the purposes set forth in Section 1.2.1, above. For the purpose of generating such revenue. the Senior Center shall be authorized to enter into an agreement with a caterer which would give the caterer exclusive rights to o erp ate a coffee kiosk. z lunch cafe for low-income seniors (which would also be open to the public), and a catered event space at the Edmonds Waterfront Center in exchange for a Packet Pg. 228 7.6.b mmerciallv reasonable pavment from the caterer to th Senior Center, SUBJECT TO THE FOLLOWING PROVISIONS: E 1.2.1.1.a. the City shall be given the opportunity to provide input on the catering agreement before the Q terms are finalized: N 1.2.1.1.b. the term of the catering agreement shall c be limited to five years, and any extension thereof beyond the initial five-year term shall be subject to the m' approval of the City, which approval shall not be r unreasonably withheld: 1.2.1.1.c. regardless of the day, time, or number of o attendees, the caterer's exclusivity rights on the second floor of the Edmonds Waterfront Center shall be limited to precluding on -site catering served by -- another professional caterer C E 1.2.1.1.d. regardless of the dad time, or number of C attendees the caterer's exclusivity rights on the second E floor of the Edmonds Waterfront Center shall not preclude the following: individual meals (e.g.. "sack lunches") that are brought by attendees of classes and vents: potluck food events: boxed meals that are delivered to the site: and other professionally ° spared food that is delivered to the second floor of L the Edmonds Waterfront Center, as long as the food is C not served by the vendor or anv other food service professional: similarly_, alcoholic beverages maybe o` consumed on the second floor outside of the caterer's w exclusjviv rights, PROVIDED THAT guidelines for CO alcohol consumption on the second floor will be LO mutually agreed upon subiect to reauirements of the c Washington State Liquor & Cannabis Board: 1.2.1.1.e. for the purposes of subsections 1.2.1.1.c. 0 and 1.2.1.1.d.. above, the phrase "served by" shall include any kind of professionally staffed food service, N including. but not limited to, table service for asit- own meal, staffed service of or refilling of a buffet. staffed beverage op uring. etc. a 1.2.1.11 except as described in subsection 1.2.1.1.g. and 1.2.1.1.h.. below, the catering agreement E for the first floor of the Edmonds Waterfront Center shall allow the caterer to be the oat provider of food a Packet Pg. 229 7.6.b or beverage that is consumed on the first floor, and may specifically preclude provision of food on the first floor as would be allowed on the second floor under subsection 1.2.1.1.d. 1.2.1.1.g. notwithstanding subsection 1.2.1.1.f. above, the catering agreement shall not require the purchase of food or beverage from the on -site caterer where a first -floor event during City Hours is of a tyke that food and beverage are not needed. 1.2.1.1.h. notwithstanding subsection 1.2.1.11 above, the catering agreement shall: 11 allow cu cp akes and juice ice purchased from a source other than the caterer to be served on the first floor during the Daddy Daughter Dance or other event allowed pursuant to subsection 1.2.2.1.c.. below: 2) allow the consumption of coffee and cookies from off -site vendors and 3) reouire the caterer to spare and serve a pancake breakfast for all the Ci W 's employees during the Citv's Annual Holiday Breakfast referenced in subsection 1.2.2.1.d, below. 1.2.2 Allowed Uses of the PropeM by the City. The City of Edmonds shall be given access to and use of the Building so it may offer recreational and other programs to the public. Except for the first -floor kitchen and coffee kiosareas, the City will be allowed first -priority use of the Building Monday through Thursday, 4:001?m — elese 10:0o p.m. (hereinafter the "City Hours"l. The Senior Center shall have first -priority use of the Building at all other times (hereinafter the "Senior Center Hours"l. except as provided in subsection 1.2.2.1. The City and Senior Center agree to meet on a regular on -going basis (at least quarterly) to review their respective program schedules and determine whether there is any unprogrammed (surplus) time after accounting for each party's program needs during that party's first -priority time periods. At these meetings each party shall offer its remaining unprogrammed first -priority time slots to the other party for use by the other party or by rental to a third -party, PROVIDED THAT all rental revenue shall accrue to the Senior Center. Senior Center acknowledges that the grounds surrounding the Property are a public park and shall remain open to the public subject to the City's reasonable regulations related to uses, hours, etc. 1.2.2.1 Exceptions to the Senior Center's first -priority use of the Building. The following are exceptions to the Senior Packet Pg. 230 7.6.b Center's first -priority use rights described in subsection 1.2.2, above. 0 E 1.2.2.1.a. Office Storage Space. Senior Center shall construct a lockable space within the Building which Q is suitable for the City's office and/or storage uses. Senior Center shall finish that space to the same y degree as other similar spaces within the Building. M 1.2.2.1.b. Summer Time And Other Weekdays When m' Edmonds School District Is Not In Session. The City r shall have first -priority use of one mutually agreed upon space for programming on weekdays when the c Edmonds School District is not scheduled to be in o session, including weekday holidays, school breaks, L and summer vacations. 1.2.2.1.c. The Senior Center shall make the banquet space available to the Citvfor one Saturday evening E each February, to allow for the scheduling of one -City 0 special event, such as the Daddy Daughter Dance. E 1.2.2.1.d. The Senior Center shall make the banquet space available to the Citvfor one weekday morning -j each December, to host one City special event, such as the City's Annual Holiday Breakfast. ° 1.2.3 The City is not responsible for repair and/or maintenance of the Building; provided, however, as part of the City's allowed use of 0 the Building, the City may be charged for mutually agreed upon oL costs directly associated with its use of the Building (i.e. utilities, site monitor, cleaning, etc.). PROVIDED THAT the City shall not beLO o subiect to any rental charges for its use of the Building at any time. In allocating such operating costs between the parties, the parties c hall estimate: 11 the number of sauare feet of the Building that are W used pursuant to a Ci pro ram and duration of that use. including o any square footage that goes unused during City Hours; 2) the number of square feet of the Building that are used pursuant to a 04 Senior Center ro ram and duration of that use; and 3) the number of square feet of the Building that are used pursuant to a revenue- W generating event or activity and duration of that use. The City shall only be responsible to nay the o ep rating costs that are estimated to be associated with the first of these three categories. a a� 2. City Board Seat. For as long as the Line of Credit / Term Loan is outstanding, the E City shall be entitled to appoint a City representative to sit as a voting member of the Senior Center's board and executive committee. a Packet Pg. 231 7.6.b IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the day, month and year first written above. LESSEE: EDMONDS SENIOR CENTER By.Dio xt, J0 Its: 1 LESSOR: THE CITY OF EDMONDS i By: "Milce Nelson As its Mayor APPROVED AS TO FORM: APPROVED BY CITY COUNCIL ON: ATTEST: By: Jeff Taraday City Attorney Ci y lerk Packet Pg. 232 7.6.b STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH I certify that I have evidence that Mike Nelson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to executed the instrument and acknowledged it as the Mayor of the City of Edmonds, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Z Zq/ �'o S++yr Jr 201797 J' n+►1►n►��` Ca STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH PRINTED NAME: 0 MO L-� f7kie- NOTARY PUBLIC In and for the State of Washington My commission expires: I certify that I have evidence tha-1D ,/0/- . J ".)the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he wa authorized to executed the instrument and acknowledged it as the 'ofthe�dmol •N genioi Center, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: XA,4111 L6 'Zoe U J0yy►rr�i E+�r41-0 JJf .. s tUi �qT �R'� Am7lfs� fi � Lr fit' PRINTED NAME: 6.4yl 95�7 S. NOTARY PUBLIC In and for the State of Washington My commission expires: 6o U Packet Pg. 233 7.6.c BUILDING USE AGREEMENT BETWEEN EDMONDS SENIOR CENTER AND CITY OF EDMONDS FOR USE OF THE EDMONDS WATERFRONT CENTER This Building Use Agreement ("Agreement") is made and entered into by and between the EDMONDS SENIOR CENTER (hereinafter referred to as the "Senior Center"), a non-profit corporation organized under the laws of the State of Washington, as Lessor, and the CITY OF EDMONDS (hereinafter referred to as the "City"), a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessee. The Senior Center and City are sometimes referred to individually as a "Party" and collectively as "the Parties". RECITALS WHEREAS, the Senior Center owns and operates the 26,000 sf Edmonds Waterfront Center, located at 220 Railroad Avenue in Edmonds, Washington; and WHEREAS, the City owns the land on which the Edmonds Waterfront Center is situated and has entered into a 40-year ground lease, which includes an additional 15 year option, with the Senior Center, dated April 2019 and amended March 2020, which is incorporated herein by reference; and WHEREAS, the City owns and operates the parking lot and beach access on the Edmonds Waterfront Center property, which has been designated a regional park, as depicted in Exhibit A-2 to the Ground Lease, attached hereto; and WHEREAS, the Parties wish to enter into an agreement to utilize the Edmonds Waterfront Center to provide a range of activities and programs serving the needs of the local population, and in particular, poor, infirm and otherwise vulnerable seniors and other members of the community; and WHEREAS, the Parties wish to ensure that affordable and quality programming and services are offered at the Edmonds Waterfront Center; and WHEREAS, the Parties wish to memorialize their agreement regarding the coordinated use and control of the Edmonds Waterfront Center building and grounds; NOW, THEREFORE, in consideration of the mutual promises, covenants, agreements, and performances described herein, and other good and valuable consideration, the Parties hereto agree as follows: Packet Pg. 234 7.6.c Definitions All capitalized words in this Agreement, other than proper nouns, section headings or words required to be capitalized for proper usage, are defined terms and shall have the meanings specifically assigned to them in the following subsections and elsewhere in this Agreement. Unless otherwise expressly provided, use of the singular includes the plural and vice versa. A. Additional Costs — means costs that are the direct result of the necessary set up, break down, and clean-up of a Building space used for a City event when such tasks are performed by Senior Center staff. B. Approval — means the prior written consent of a Party or a Party's designated representative. C. Banquet Space — means the portion of the Edmonds Waterfront Center located on the first floor, on the west side of the building and comprised of Banquet Room 1 (2,169 sf) and Banquet Room 2 (1,545 sf), as depicted in Exhibit A, attached hereto. D. Building— means the Edmonds Waterfront Center located at 220 Railroad Avenue, Edmonds, WA 98020. E. Concessions Operations— means any and all activity associated with securing, storing, preparing, offering for sale, selling, dispensing or distributing, in any manner, any item of food or beverage in or from any portion of the Edmonds Waterfront Center. F. Concessionaire — means any third party that is under contract to provide Concession Operations at the Edmonds Waterfront Center during the Term of this Agreement. G. Director— means the Director of Parks, Recreation and Cultural Services at the City of Edmonds. H. Executive Director— means the Executive Director of the Edmonds Senior Center. I. Exclusive Use Areas— means the East hallway of the second floor of the Building, which includes clinic and administrative space, storage closets, and on the first floor, a commercial kitchen, flex space and coffee kiosk, which are not available for use by the City of Edmonds. Exclusive Use Areas are depicted in Exhibit A, attached hereto. J. Food and Beverage —means any item of food or drink that is sold, given without charge, or in any other manner dispensed in or from the Edmonds Waterfront Center, except for water made available from public drinking fountains or sinks. K. Ground Lease — refers to the ground lease agreement between the City of Edmonds and the Edmonds Senior Center dated April 2019, and its amendment, dated March 2020. Packet Pg. 235 7.6.c L. Premises — means the Building and all other areas covered by the Ground Lease. M. Schedule — means the days of the week and hours agreed upon for the Parties' use of the Edmonds Waterfront Center. N. Sponsorship— means advertising and naming opportunities available within the Edmonds Waterfront Center. O. Weekdays — means Monday through Thursday. II. Use Subject to the terms and conditions herein, the Senior Center hereby grants to the City the right to occupy and use the Building for the following purposes: to provide programming such as classes, camps, seminars, presentations, meeting space, entertainment and shelter for the local population, subject to the Schedule and other conditions set forth herein. The City shall not be subject to any rental charges for the use of the Building at any time, and any operating costs shall be allocated to the City as set forth in the Ground Lease, as amended (see also Section X — Fees). III. Term This Agreement shall be effective on the date it has been fully executed by an authorized representative of each Party (the "Effective Date") and shall remain in effect until December 31, 2025. The City may extend the Agreement term in successive five- year extensions; provided, that in no event shall this Agreement expire later than the expiration of the Ground Lease, as amended, pursuant to its provisions. In order for the City to extend the Agreement term, it shall provide notice to the Senior Center of such extension at least ninety (90) days prior to the end of the then -current Agreement term Within thirty (30) days of the City's notice of extension, the Parties shall meet and confirm the extension term, discuss any matters pertaining thereto, and sign an Agreement addendum incorporating the extension term and any mutually acceptable matters pertaining to the extension term. If the City fails to provide such notice, the Agreement shall expire on December 31 of the then -current Agreement term. IV. Schedule for Use by City a. The Senior Center has first priority use of the Building for programs and activities from 8:00 a.m. through 4:00 p.m. Monday through Thursday, and all -day Friday, Saturday and Sunday, except as clarified below. b. The Senior Center and the City may coordinate use of Building spaces during unscheduled hours on a mutually agreed -upon basis. c. The City has first priority use of all Building spaces not designated as Exclusive Use Areas from 4:00 p.m. through 10:00 p.m. Monday through Thursday. d. The City shall have first priority use of one mutually agreed -upon space from open to close (8am — 10pm) for programming on Weekdays when the Edmonds Packet Pg. 236 7.6.c School District is not scheduled to be in session, including Weekday holidays, school breaks, summer vacations and school closures. e. The Senior Center shall make the Banquet Space available to the City for one Saturday evening each February to allow for the scheduling of one City special event. f. The Senior Center shall make the Banquet Space available to the City for one Weekday morning each December to host one City special event, such as the City's Annual Holiday Breakfast. V. Building and Equipment Available for Use by City a. Access. The City shall have access to all areas of the Building except for Senior Center Exclusive Use Areas. b. Office/Storage Space. Pursuant to the terms of the Ground Lease, as amended, the Senior Center shall construct a mutually agreed upon lockable space within the Building, which is suitable for the City's office and/or storage uses, and shall finish that space to the same degree as other similar spaces within the Building. c. Technology. The Senior Center shall provide the City with access to technology, including full building access to WIFI; the means by which to broadcast programs to at-home users; AV equipment in the Banquet Space; hard -wired internet in City office space; and space for a City computer and phone to be located at the 2"d floor reception desk. d. The City shall have access to the teaching kitchen and game room located on the 2"d floor. The City shall have access to all existing Senior Center equipment needed in programming spaces available in the Senior Center to include, but not limited to, tables, chairs and other equipment to implement programs. Specialty equipment needed for City programs shall be provided by the City. VI. Coordination & Modification a. Pursuant to the terms of the Ground Lease, as amended, the Parties shall meet on a regular on -going basis (at least quarterly) to review their respective program schedules and determine whether there is any unprogrammed (surplus) time after accounting for each Party's program needs during that Party's first - priority time periods for the following quarter. At these meetings, each Party shall offer its remaining unprogrammed first -priority time slots to the other Party for use by the other Party or by rental to a third -party, PROVIDED THAT all rental revenue shall accrue to the Senior Center. b. This Agreement can be modified or amended with the mutual consent of the Director, with the approval of the Edmonds City Council, as needed, and the Executive Director. Such modification or amendment shall comply with the provisions of Section XXI II J., below. c. Under special circumstances, such as a pandemic or natural disaster, the Parties may agree to temporary modifications of this Agreement to enhance public benefit. CI Packet Pg. 237 7.6.c VII. Security and Staffing a. Security and Staffing During Senior Center Exclusive Use. During hours that the Senior Center or its employees, agents, contractors or licensees are using the Building, and the City is not using the Building, the Senior Center shall be solely responsible for staffing and monitoring of activities within and around the Premises so as to avoid the risk of property damage or personal injury and to ensure that the Premises and all equipment therein are being used in a legal and safe manner. b. Security and Staffing During City Exclusive Use. During hours that the City or the City's employees, agents, contractors or licensees are using the Building, and the Senior Center is not using the Building, the City shall be solely responsible for staffing and monitoring of activities to ensure that the Premises and all equipment therein are being used in a legal and safe manner. c. Security and Staffing During Hours of Shared Use. During periods when both the Senior Center and the City are using the Building, each Party shall have staff on site who shall be responsible for overseeing the activities of their own program participants, unless otherwise approved by both Parties. Vill. Catering, Concession Operations and Rentals a. Catering in the Building shall be governed by the provisions of Section 1.2.1.1 of the Ground Lease, as amended. Pursuant to those provisions, individual meals (e.g., "sack lunches") that are brought by attendees of classes and events; potluck food events; boxed meals that are delivered to the site; and other professionally prepared food that is delivered to the second floor is permissible as long as the food is not served by the vendor or any other food service professional; similarly, alcoholic beverages may be consumed on the second floor outside of the caterer's exclusivity rights, PROVIDED THAT guidelines for alcohol consumption on the second floor will be mutually agreed upon subject to requirements of the Washington State Liquor & Cannabis Board. b. Food service programs such as operation of the Commercial Kitchen, Coffee Kiosk, weekday lunch programs and event catering are not allowable by the City and will run exclusively through the Senior Center and its contracted caterer, as set forth in Section 1.2.1.1 of Amendment to Ground Lease. c. All building rentals shall be managed by the Senior Center to include booking, payment, setup, cleaning, monitoring by Senior Center staff and damage mitigation. City sponsored events during first priority usage times are exempt, and the City shall be responsible for managing all elements of those events. d. The Senior Center's rights to select a caterer or other concession operations shall be governed by the terms of the Ground Lease, as amended. IX. Advertising & Sponsorship a. The City is not authorized to sell permanent advertising within the Building, to include room naming and permanent signage. Packet Pg. 238 7.6.c b. The City is authorized to hang temporary banners, which may include sponsor banners, for events held at the Waterfront Center, provided they are removed at the conclusion of the event and do not cause any damage to the Building. X. Fees a. The City shall be charged for its use of the Building only as outlined in the Ground Lease, as amended (see Section 1.2.3 of Amendment to Ground Lease). Such charges may include mutually agreed upon costs directly associated with the City's use of the Building, such as utilities, site monitor if required, cleaning, and the like. b. The Senior Center will provide an estimate for any Additional Costs associated with supporting City sponsored events, which must be approved by the City prior to incurring such costs. c. Invoices shall include copies of the bills that pertain to that invoice and a description of the calculations. XI. Books and Records; Audit The Senior Center shall maintain complete and accurate records of costs and expenditures related to this Agreement, and shall submit to the City, on a semi-annual basis, a detailed accounting of such costs and expenditures. The City shall have the right, upon reasonable notice, to inspect all records maintained by the Senior Center pursuant to this Agreement during regular business hours. The Senior Center shall cooperate with any audit of the City's records that relates to this Agreement, including the production of any documents requested by the auditor. XII. Parking & Beach Access a. The entire parking lot and beach access associated with the Premises shall remain open to the public at all times on a first come, first served basis. b. Changes to parking lot use shall be governed by Section 1.1.1 of the Ground Lease and shall be at the sole discretion of the City. c. The Senior Center acknowledges that the grounds surrounding the Building are a public park and shall remain open to the public subject to the City's reasonable regulations related to uses and hours. XIII. Maintenance and Utilities a. The Senior Center shall be responsible for maintenance of the Building as provided in the Ground Lease. The City is not responsible for repair and/or maintenance of the Building, janitorial services, major capital repairs, building access systems (e.g. keys and cards) fire alarm monitoring, fire suppression systems or building security. Consideration for the expenses occurring during City priority use time has been accounted for in Section X. b. The Senior Center shall construct and maintain any and all utilities and associated facilities required for the Building and shall be responsible for payment of all utility expenses associated with the operation of the Building as A Packet Pg. 239 7.6.c set forth in the Ground Lease. For the purposes of this Agreement, the term "utilities" shall include telephone, internet and cable, heat, light, water, surface water, power, sewer and for all other public utilities which shall be used in or charged against the Building during the term of this Agreement. Consideration for the expenses occurring during the City priority use time as been accounted for in Section X. XIV. Responsibility for Damage Each Party shall be responsible for the costs of repair for damage caused to the Building or Premises by the actions or omissions of that Party or its employees, agents, representatives, or licensees. In the event damage is caused by the actions or omissions of both Parties or their employees, agents, representatives, or licensees, each Party shall be responsible only for that portion of the damage that the Parties mutually agree is to be apportioned to that Party. XV. Removal of Personal Property Upon the expiration of this Agreement, the City shall surrender the Building to the Senior Center in a safe and clean condition and remove all of the City's personal property within fourteen (14) days, or it shall be considered abandoned and become the property of the Senior Center. XVI. Dispute Resolution It is not anticipated that any significant disputes will arise in the course of this Agreement, and it is the intent of the Parties to resolve all disputes without litigation, to the extent possible. Should a dispute arise between the Parties, it is agreed that the Director for the City and the Executive Director for the Senior Center shall meet in an attempt to resolve the dispute. If the Director and the Executive Director are unable to resolve the dispute within two (2) weeks of meeting, the dispute will be submitted to a mediator prior to any arbitration or litigation. The Parties shall exercise good faith efforts to agree on a mediator. The mediation fee shall be shared equally by the City and the Senior Center. Mediation shall be non -binding and will be conducted in Edmonds, Washington. Both Parties agree to exercise good faith efforts to resolve disputes covered by this section through this mediation process. If a Party requests mediation and the other Party fails to respond in writing within ten (10) days, or if the Parties fail to agree on a mediator within ten (10) days, a mediator shall be appointed by the presiding judge of the Snohomish County Superior Court upon the request of either Party. The findings and recommendations of the mediator shall only become binding upon the Parties if both Parties so agree and thereafter execute a settlement agreement based on the mediator's findings or recommendations. The requirement to mediate may only be waived by mutual written agreement of the Parties before a Party may proceed to arbitration as provided herein. In the event that a dispute cannot be resolved through the process outlined above, unless specifically excluded from arbitration, the dispute will be placed before an arbitrator in the King/Snohomish County vicinity approved by the Parties. ►A Packet Pg. 240 7.6.c XVII. Default and Remedies a. Default. A Party will be considered to be in material default of this Agreement if the Party fails to observe or perform any of its obligations under this Agreement, and such failure continues for a period of thirty (30) days after written notice thereof to the defaulting Party; provided that, if the nature of the Party's obligation is such that more than thirty (30) days are required for performance, then such Party shall not be deemed to be in default if such Party commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice of default shall specify the portion of the Agreement that the Party has failed to perform and the action the other Party seeks to be taken to prevent the default. The Parties agree not to invoke any remedies until the agreed -upon time to cure has elapsed. b. Remedies. In the event of any default, the non -defaulting Party has the right to pursue any remedy at law or in equity available under the laws of the State of Washington. If either Party is required to bring or maintain any action or otherwise refers this Agreement to an attorney for the enforcement of any obligation thereof, the prevailing Party in such action shall, in addition to all other payments required herein, receive from the non -prevailing Party all costs incurred by the prevailing Party, including reasonable attorneys' fees and costs. XVIII. Insurance The City and the Senior Center shall each procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with that Party's operation and use of the Building. The Parties' maintenance of insurance as required by this Agreement shall not be construed to limit the liability of that Party to the coverage provided by such insurance, or otherwise limit the other Party's recourse to any remedy available at law or in equity. The Parties shall obtain insurance of the types described below: i. Commercial General Liability —The City and the Senior Center shall each carry commercial general liability insurance at least as broad as Insurance Services Office (ISO) occurrence form CB 00 01 covering premises, operations, products -completed operations and contractual liability. Such insurance shall be written with limits no less than One Million Dollars ($1,000,000.00) each occurrence and Two Million Dollars ($2,000,000.00) general aggregate. Property —The Senior Center shall carry property insurance on the Building, which shall be written on a Special Form basis and shall be written covering the full value of the Building. In the event that the City keeps any of its personal property in the Building, the City shall carry property insurance in an amount sufficient to cover the full replacement value of the City's property. XIX. Fire and Other Casualty R Packet Pg. 241 7.6.c In the event the Building is destroyed or damaged by fire, earthquake, tsunami or other casualty to such an extent as to render the building untenantable in whole or in a substantial part, the term of this Agreement and the obligation to pay shall terminate with fees prorated to the date of the loss. XX. Hold Harmless The Senior Center agrees to indemnify, defend, and hold the City, its officers, officials, agents, employees, and volunteers harmless from any and all claims, injuries, damages, losses, demands, suits at law or in equity, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by the Senior Center, its officers, officials, agents, employees, invitees or other third parties upon or about the Premises arising in whole or in part from the Senior Center's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the Senior Center to indemnify the City against or hold harmless the City from claims, injuries, damages, losses, demands, suits, actions or liabilities based solely on the conduct of the City, its officers, officials, agents, employees and/or volunteers; and provided further that if any such claims or suits are caused by or result from the concurrent negligence or breach of: (1) the Senior Center, its officers, officials, agents, employees and/or volunteers; and (2) the City, its officers, officials, agents, employees and/or volunteers, this indemnity provision with respect to: (a) claims or suits based upon such negligence or breach; and (b) the costs to the City of defending such claims or suits, shall be valid and enforceable only to the extent of the negligence or breach of the Senior Center, its officers, officials, agents, employees and/or volunteers. The City agrees to indemnify, defend, and hold the Senior Center, its officers, officials, agents, employees, and volunteers harmless from any and all claims, injuries, damages, losses, demands, suits at law or in equity, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by the City, its officers, officials, agents, employees, invitees or other third parties upon or about the Premises arising in whole or in part from the City's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the City to indemnify the Senior Center against or hold harmless the Senior Center from claims, injuries, damages, losses, demands, suits, actions or liabilities based solely on the conduct of the Senior Center, its officers, officials, agents, employees and/or volunteers; and provided further that if any such claims or suits are caused by or result from the concurrent negligence or breach of: (1) the City, its officers, officials, agents, employees and/or volunteers; and (2) the Senior Center, its officers, officials, agents, employees and/or volunteers, this indemnity provision with respect to: (a) claims or suits based upon such negligence or breach; and (b) the costs to the Senior Center of defending such claims or suits, shall be valid and enforceable only to the extent of the degree of negligence or breach of the City, its officers, officials, agents, employees and/or volunteers. XXI. Compliance with Laws W% Packet Pg. 242 7.6.c The Parties in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including all public health and safety guidelines and requirements of the State of Washington, Snohomish Health District, and the City in relation to the COVID-19 pandemic. The most recent information regarding the applicable state, local and federal guidelines and requirements relating to the COVID-19 pandemic can be found on the Washington State coronavirus response webpage at www.coronavirus.wa.gov, on the Snohomish Health District website at https://www.snohd.org/, and on the Centers for Disease Control and Prevention website at www.cdc.gov. The Parties shall consult this information regularly during the course of this Agreement to ensure that the latest guidelines and requirements are promptly implemented. XXII. Force Majeure The Parties to this Agreement shall not be required to carry out its terms during a period when either Party is prevented from doing so by a force majeure event, including natural disasters such as windstorms and earthquakes, terrorist attacks, pandemics, or other public safety emergencies, and injunctions or other court orders. XXIII. General Provisions a. No Partnership. It is understood and agreed that this Agreement does not create a partnership or joint venture relationship between the City and the Senior Center. The City Assumes no liability hereunder or otherwise for the operation of the business of the Senior Center. b. Governing Law. This Agreement shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. c. No Benefit to Third Parties. The City and the Senior Center are the only parties to this Agreement and as such are the only parties entitled to enforce its terms. Nothing in this Agreement gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Agreement shall be construed as intending to create a special relationship with any third party; neither the City nor the Senior Center intend to create benefits in favor of any third parties as a result of this Agreement. d. Notices. All notices required or desired to be given under this Agreement shall be in writing and may be delivered by hand, in certain cases sent by facsimile (fax) or electronic mail (email), or by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: City of Edmonds 121 5t" Avenue North Edmonds, WA 98020 Attn: City Clerk And to the Senior Center at: iti] Packet Pg. 243 7.6.c Edmonds Senior Center P.O. Box 717 Edmonds, WA 98020 Attn: Executive Director Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third business day after deposit in the U.S. Mail. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. e. Time of the Essence. Time is of the essence in the performance of and adherence to each and every obligation of this Agreement. f. Non -waiver. Waiver by the City or the Senior Center of strict performance of any provision of this Agreement shall not be deemed a waiver of or prejudice the City's or the Senior Center's right to require strict performance of the same provision in the future or of any other provision. g. Survival. Any obligation set forth in this Agreement, the full performance of which is not specifically required prior to the expiration of this Agreement, and any obligation which by its terms are to survive, shall survive the expiration of this Agreement and shall remain fully enforceable thereafter. h. Partial Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. i. Exhibits Incorporated by Reference. All Exhibits attached to this Agreement are incorporated by reference herein for all purposes. j. Modification or Amendment. This Agreement may not be modified or amended except by a writing that has been duly executed by authorized representatives of each Party. k. Execution of Multiple Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. I. Entire Agreement. This Agreement, including its Exhibit A, represents the entire agreement between the City and the Senior Center relating to the Parties' agreements relating to the use of the Premises. It is understood and agreed by both Parties that neither Party nor an official or employee of a Party has made any representations or promises with respect to this Agreement or the making or entry into this Agreement, except as expressly set forth herein. No claim for liability shall be asserted by either Party against the other for, and neither Party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Agreement; all oral agreements between 11 Packet Pg. 244 7.6.c the Parties are expressly waived by both Parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Agreement shall be construed, by nature of the drafting, against either Party. DATED THIS DAY OF 12021. CITY OF EDMONDS EDMONDS SENIOR CENTER Michael J. Nelson, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) Daniel Johnson, Executive Director I certify that I have evidence that Michael J. Nelson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Edmonds, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. aeyf1" PRINTED NAME: NOTARY PUBLIC In and for the State of Washington. My commission expires: STATE OF WASHINGTON 12 Packet Pg. 245 7.6.c ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that Daniel Johnson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director of the Edmonds Senior Center, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: PRINTED NAME: NOTARY PUBLIC In and for the State of Washington. My commission expires: 13 Packet Pg. 246 7.6.c Exhibit A-1 136 -- OUTDOOR STOR. \ 123 sq ft — - — -- // 331 STOR. 178 sq ft 009 BANQUET ROOM 2 2169 sq ft 134 ELEC. 250 sq ft 130 STOR. 126 270 sq ft 7 FAMILY WC 133 97 sq ft WATER 92 sq ft 125 j LAUNDRY °A 104sgft 117 OFFICE O III III O 66 sq ft Oo / 127 -GREEN ROOM 125 sq ft 124 STOR. 123 380 sq ft FLEX SPACE IF 1479 sq ft I - I I' I II I I SPRIN I 9 II I O I II O O O I I I I I I I I I I I I II I I I I I I First Floor Plan Not to Scale II� 909 BANQUET ROOM 2 1558 sq ft 107 COMMUNITY LOUNGE 857 sq ft 115 KITCHEN 617 sq ft l' a - RECEPTION 637 sq ft 102 3 x MEETING ROOM A _ ♦ 462 sq ft `NE o I F a 1103 \Ih o JAN./MAINT. 120 Ell�.��. S9. ft..................... MEN'S WOMEN'S 253 sq 272 sq ft 101 ENTRY VEST. 120 sq ft � O J� 0 5 10 15 20 25 FT Z PLAN 008 C Edmonds a� Waterfront N to Center :a 220 Railroad Avenue m' Edmonds, WA 98020 aM .r C U C O City Use M-Th (4pm - close) ESC Occupied Spaces m Bathrooms as L Utility/Back of House Q Shared Office available to City all hot Environmental Works COMMUNITY DESIGN CENTER Packet Pg. 247 7.6.c Exhibit A-1 ex02 ................... 4BALCONY 308 sq ft 208 .................... MULTIPURPOSE 4 609 sq ft H 1 216 MULTIPURPOSE 1 214 211 1059 sq ft MULTIPURPOSE 2 MULTIPURPOSE 3 685 sq ft 688 sq ft 215 STOR. 137 sq ft m 210 209 � STOR. STOR. 78 sq ft 132 sq ft GAME ROOM • 667 sq ft 21 g 212 JAN. STOR. 76 sq ft 87 sq ft 203 RECEPTION 185 sq ft 233 SERVER/IT 223 222 221 220 BREAKROOM CLINIC CLINIC CLINIC SHRD OFF. 264 sq ft 102 sq ft 132 sq ft 137 sq ft 131 sq ft 125 sq ft ll, � / r 227 6 225 224 WORK R STOR. OFFICE CLINIC 107 s 60 sq ft 98 sq ft 112 sq ft fl8 232 0 0 204 OPEN OFFICE (9 000 MEETING ROOM B 614 sq ft UO2 E00 679 sq ft 231 230 229 228 OFFICE OFFICE OFFICE CONFERENCE 02 181 sq ft 117 sq ft 117 sq ft 181 sq ft ........................................ 237 238 206 205 MEN'S WOMEN'S STOR. ELEV. CTRL. 253 sq ft 272 sq ft 35 sq ft 59 sq ft H Second Floor Plan 0 5 10 15 20 21 5 FT Not to Scale ZPLAN c Edmonds d Waterfront to Center :a 220 Railroad Avenue m' Edmonds, WA 98020 aM c a� U c 0 City Use M-Th (4pm - close) ESC Occupied Spaces m Bathrooms N L Utility/Back of House Q Shared Office available to City all hot Environmental Works COMMUNITY DESIGN CENTER Packet Pg. 248 Exhibit A- 7.6.c �� +J 4 � 1 •51` a 4$4 •5 _ 1 41 +t :6 n v� i . L r a Y n �5 T Y * - c G r , Dopp 4 $ • I _ Packet Pg. i 249 0 7.7 City Council Agenda Item Meeting Date: 01/19/2021 Interlocal Agreement for Jail Services with Snohomish County Staff Lead: Jim Lawless Department: Police Services Preparer: James Lawless Background/History The Edmonds Police Department utilizes the Snohomish County Jail for the purpose of booking and housing misdemeanor arrestees. The ILA for these services has expired as of December 31, 2021, due to on -going discussions/negotiations surrounding proposed fee changes/increases brought forward by the County. These fee increases were discussed on several occasions with the full Council during the 2021 budgetary process. Ultimately, the Snohomish County Council approved the substantial increases, but also directed that they be phased in over two years as opposed to one year. This agreement was presented to the PSPP Committee on January 12, 2021. It was the direction of that committee to place the item on the Consent Agenda for approval by the full Council during the January 19, 2021 regular meeting. Staff Recommendation Request approval of the agreement and authorization of Mayor's signature, by full Council, via the Consent Agenda. Narrative The Edmonds Police Department utilizes the Snohomish County Jail for the purpose of booking and housing misdemeanor arrestees. The ILA for these services has expired as of December 31, 2021, due to on -going discussions/negotiations surrounding proposed fee changes/increases brought forward by the County. Ultimately, the Snohomish County Council approved the substantial increases, but also directed that they be phased in over two years as opposed to one year. In prior agreements, there was a three (3) tiered daily fee scale based upon housing assignments (general/medical and specialty/mental health) for inmates. A single flat fee has now been adopted for all individuals housed within the jail. That new fee will be phased in over two (2) years. In addition, the initial booking fee and the video court fees will increase and will also be phased in over two (2) years. Those new rates are as follows: Packet Pg. 250 7.7 6.2 Fees and Costs. 6.2.1 The County shall invoice the City a ;`Booking Fee" for each City Inmate for whom the County provides Services. For purposes of this Agreement, "Booking"' means theact of registering, screening, and examining inmates forcQnfinemcrit in the Jail; Administrative Booking pursuant to Section 4.7; inventorying and safekeeping inmates' personal property; maintaining all c mputcrized records of arrest; performing warrant checks; and all other activities associated with processing an inmate for confinement_ The Booking Fee is as follows: 2021 Bee -king Fee 2022 Booking Fee $128.88 $134.70 ,2.2 The County shall invoice the City a per calendar day "Daily Maintenance Fee" for each City Inmate for whom the County provides Services. The Dail} Maintenance Fee for a]I. City Inrnates is as follows: 2021 Daily Maintenanoe Fee 2022 Daily Maintenance Fee S142.63 187.46 .2.5 -I'he County shall invoice the City a "Video Court Fee" for each scheduled hour of Video Court lime. The Video Court Fee per hour is as fellows. 2021 Video Court Fee 2022 Video Court Fee 1i207.96 S223.1; Based upon previous years' booking data, it is estimated that this new fee structure will require an additional $125,000 - $175,00 for each year (2021 & 2022). Beginning January 1, 2023, fees will increase by 3%. The term for the new contract will be January 1, 2021 through December 31, 2023 (term may be extended/renewed for up to two (2) additional three (3) year terms). The new ILA prepared by Snohomish County and approved by the Snohomish County Council has been approved as to form by the City Attorney's Office and is attached. For reference, a copy of the 2020 fee schedule is also attached. Attachments: SCSO Jail Services ILA F 20210113113810 Packet Pg. 251 7.7.a INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF This INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OFT—: m,_,-a� —(this "Agreement"), is made and entered into this day of , 2021, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF CAM ,_,,Xs , a municipal corporation of the State of Washington (the "City") pursuant to Chapter 39.34 RCW and Chapter 70.48 RCW (individually, a "Party" and collectively, the "Parties"). RECITALS A. The County, through the Snohomish County Sheriff's Office Corrections Bureau ("Corrections") currently maintains and operates a correctional facility known as Snohomish County Jail (the "Jail"). In order to assist other jurisdictions, the County from time to tirne will enter into interlocal agreements to confine in the Jail persons from other jurisdictions. B. The County and City each have the statutory power and authority to maintain and operate a correctional facility and to confine inmates therein. C. The City from time to time desires to confine in the Jail persons who have been arrested, detained or convicted by the City of criminal offenses (the "City Inmates"), and the County is willing to furnish its Jail facilities and personnel in exchange for payment from the City of fees and costs, all as more fully described in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of A14reernent, This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW and Chapter 70.48 RCW. The purpose and intent of this Agreement is for the County and the City to work together efficiently and effectively in order that the County may provide the City with Jail Services (the "Services"), as defined in Section 4 below, based on the rules and conditions set forth in the Jail's policies, procedures, rules and regulations and in this Agreement and any attachments hereto. 2. Effective Date and Duration. This Agreement shall govern jail services beginning on January 1, 2021, through December 31, 2023, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that the term of this Agreement may be extended or renewed for up to two (2) additional three (3) year terms by written notice from the County to the City, PROVIDED FURTHER that each Party's obligations after December 31, 2021, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. INTERLOCAL AGREEMENT FOR JAIL SERVICES 1 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF C �nr. caaa5 Packet Pg. 252 7.7.a This Agreement shall be either filed with the Snohomish County Auditor or listed on either Party's website or other electronically retrievable public source, as provided by RCW 39.34.040 ("Effective Date"). 3. Administrators. Each Party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such Party's participation in this Agreement. The Parties' initial Administrators shall be the following individuals: County's Initial Administrator: Jarnie Kane, Corrections Bureau Chief Snohomish County Sheriff's Office Corrections Bureau 3000 Rockefeller Avenue M/S 509 Everett, Washington 98201 City's Initial Administrator: [3 4 ,aa. V-�K,a"�,11 Po\:�� Either Party may change its Administrator at any time by delivering written notice of such Party's new Administrator to the other Party. 4. Scone of Services. As described in this Section 4 and subject to the conditions set forth in Section 5 below, the County will accept City Inmates for purposes of confinement, correction, punishment and/or rehabilitation, and hold such City Inmates until such tirne as they are lawfully discharged frorn custody pursuant to law, the terms of a judicial Order of Commitment, and/or returned to the custody of the City: 4.1 Effect of Ordinance, Policies, Procedures, Rules and Regulations; The Jail will be administered by the County in accordance with the ordinances, policies, procedures, rules and regulations of the County and in accordance with the rules and regulations of any agency of the State of Washington empowered to make rules governing the administration of county jails. The City and City Inmates shall be subject to the County's ordinances, policies, procedures, rules and regulations relating to Jail operations, including any emergency security rules imposed by the County's Administrator, PROVIDED, HOWEVER, that nothing in this Agreement shall be construed as creating, modifying, or expanding any duty on the part of the County except as specifically provided herein. Nothing in this Agreement shall be interpreted as a delegation by the City, or its judicial and law enforcement agencies, to the County of the duty to supervise City Inmates. 4.2 City .Access to City Inmates. The City, its officers, employees, or agents, may interview City Inmates inside the confines of the Jail subject to necessary operational and security rules and regulations. Interview rooms will be made available on an equivalent basis to all jurisdictions with inmates confined in the Jail. 4.3 Transport of City Inmates. The City shall provide or arrange for transportation and security of its inmates to and from the Jail, including to and from City in -court appearances, except when (a) the County determines, in its sole discretion, that emergency INTERLOCAL AGREEMENT FOR JAIL SERVICES 2 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF C,\ s Packet Pg. 253 7.7.a transportation is necessary in order to secure medical and/or psychiatric evaluation or treatment, or (b) the County determines, in its sole discretion, that transportation is required to support the orderly operation of the Jail. The City shall attempt to provide the County with at least twenty- four (24) hours' notice prior to transporting a City Inmate from the Jail. 4.4 Video Court. Upon request, and subject to availability and feasibility, the County will provide the City with use of the Jail's "Video Court" services, which include, by way of example but not by way of limitation, the following types of services: use of County video camera(s), audio technology, and the video courtroom facility; scheduling inmates for appearances by video; and transporting inmates to and from the video courtroorn; PROVIDED, HOWEVER, that the County shall have no liability or obligation for the installation, operation, maintenance, inspection, repair or replacement of the Video Court equipment operated by the City on City property. The County shall have discretion to set the date, time and duration of the City's Video Court. The County, in its sole discretion, will establish a maximum number of City Inmates for each video courtroomn calendar based upon operational limitations. The County will provide the City with a Video Court Schedule no later than ten (10) days after execution of this Agreement. The County may change or cancel the City's Video Court Schedule by providing the City with at -least seven (7) days' written notice. The County will deliver the City's Inmate(s) to the video courtroom by at least thirty (30) minutes prior to the City Inmate(s) hearing time so that the City Inmate(s) may prepare for the hearing and meet with his or her respective legal counsel. The City shall provide the County with all paperwork requiring the signature of City Inmate(s) at least thirty (30) minutes before the start of the City's scheduled Video Court tirne. In the event of a technical problem that the Parties are unable to repair in a timely manner, the Parties shall work together to reschedule the impacted hearings to be reheard as soon as practicable and at rninimurn, within two (2) judicial days. 4.5 Ilea Ith Care of City Inmates. The County is hereby granted the authority to seek necessary medical, dental and mental health services for City Inmates without consulting with the City. The County shall notify the City prior to seeking treatment, unless immediate treatment is required, in which case, the County will notify the City as soon after the event as reasonably possible. During "Normal Business Hours", defined as Monday through Friday, from 8:00 a.m. to 5:00 p.m., the City's point of contact for City Inmate health issues will be as follows: 1S.-17I- ❑��,G Outside Normal Business Hours, the City's point of contact for City Inmate health issues will be as follows: INTERLOCAL AGREEMENT FOR JAIL SERVICES 3 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF.n. a Packet Pg. 254 7.7.a Any failure or error by the County to provide the City with proper notification of medical, dental and/or mental health services delivered to a City Inmate shall in no way excuse full, complete and timely payment by the City under Section 6 of this Agreement. The City and the County will comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and County policies and procedures regarding HIPAA. 4.6 Community Corrections, The County does not provide or oversee a Community Corrections Program or alternatives to confinement. 4.6.1 The term "Community Corrections Program" and "alternatives to confinement" includes but is not limited to: Electronic Home Detention, Work/Education Release, and Work Crew. 4.6.2 If the City wishes to provide a Community Corrections Program and/or "alternatives to confinement" options for City Inmates, the City shall not book such City Inmates into the Snohomish County Jail. 4.7 Administrative Booking. Upon request by the arresting officer or the City's Administrator and when not otherwise prohibited by statute, court rule or court order, the County shall administratively book and immediately release a City Inmate. The County further reserves the right to administratively book and immediately release a City Inmate when, in the sole discretion of the County's Administrator, the County is unable to accept the City's Inmate for housing and when such action is not otherwise prohibited by statute, court rule or court order. 5. Conditions of Acceptance of City Inmates. The County shall provide Services to the City subject to the conditions set forth in this Section 5. Should the County, in its sole discretion, decline to accept or retain custody of a City Inmate for any of the reasons identified in this Section 5, the County shall notify the arresting officer in person or the City's judicial or law enforcement agency of the non -acceptance and the reason for the non -acceptance. Acceptance of a City Inmate into the Jail shall be conditioned upon the following: 5.1 Obligation to Abide by Policies and Procedures. The City, its officers, employees and agents shall follow all Jail policies and procedures. 5.2 Documentation for Le al Basis for Confinement. Absent proper documentation providing a legal basis for confining the City Inmate, the County will have no obligation to receive the City Inmate into custody. Proper documentation for purposes of this section rneans an arrest warrant, judicial Order of Commitment, other order of a court of competent jurisdiction, or a properly completed Notice of Arrest. INTERLOCAL AGREEMENT FOR JAIL SERVICES 4 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY Packet Pg. 255 7.7.a 5.3 Health Care Clearance. The County will have no obligation to receive into custody or retain custody of a City Inmate absent a determination, on an ongoing basis, by Jail staff that the City Inmate (a) is medically and psychiatrically able to be housed in the Jail, and (b) does not need medical and/or psychiatric attention that would require treatment at a hospital or other type of health care facility. At all times, the County's Administrator shall have final authority to determine whether a City Inmate is medically and/or psychiatrically fit for Jail. 5.4 Population Limits. The County shall have the right to return City Inmates to City custody if the Jail reaches the maximum allowable population level (the "MAPL"). The MAPL refers to the greatest number of inmates that can be held in the Jail in a safe, secure, and humane manner. The MAPL applies to the overall number of inmates, but may also be applied to specific populations of inmates (i.e. security level, medical need, mental health housing, etc.). The Snohomish County Sheriff, or his or her designee, shall determine, in his or her sole discretion, the MAPL. Every effort will be made to manage the MAPL, including booking restrictions. In the event that the MAPL is reached and the County determines that inmates must be removed from the Jail, priority for removal shall be as follows: (a) Inmates from out -of -county jurisdictions in reverse order from the date of execution of the respective jurisdictions' interlocal agreements with the County; then (b) Inmates from in -county jurisdictions, including the City, in reverse order frorn the date of execution of the respective jurisdictions' interlocal agreements with the County; then (c) Inmates confined on Snohomish County charges or commitments. The County's Administrator shall have final authority on MAPL reduction measures, and in the event the County determines that City Inmates shall be removed from the Jail according to this priority schedule, the County will provide the City fourteen (14) days' notice to remove City Inmates. 5.5 Earned Early Release. The County will release City Inmates in accordance with applicable statutes governing the calculation of jail commitments, including with respect to earned release time pursuant to Chapter 9.94A.729 RCW and Chapter 9.92.151 RCW, 6. Payment by City. 6.1 Proportional Culling_ The County employs proportional billing practices when invoicing jurisdictions for Services. Attached hereto as Exhibit A and incorporated herein by this reference is an explanation of the County's proportional billing practices. Commensurate with these practices, the City shall be invoiced only its proportionate share of the applicable Fees and Costs, as defined in Section 6.2 below, for a City Inmate under either of the following circumstances: 6.1.1 The City Inmate (a) is being held on criminal misdemeanor or gross misdemeanor charge(s) (whether or not formally arraigned) or on a warrant or court order INTERLOCAL AGREEMENT FOR JAIL SERVICES 5 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF r-: Packet Pg. 256 7.7.a issued by the City's municipal court, (b) is not being held on any active County felony charge, and (c) cannot be removed by a Federal agency without regard to local charges; OR 6.1.2 The City Inmate is being held (a) on criminal misdemeanor or gross misdemeanor charge(s) (whether or not formally arraigned) or on a warrant or court order issued by the City's municipal court, and (b) by the State of Washington for violation of the Offender Accountability Act, and the City has declined to transfer custody to the State of Washington. 6.2 Fees and Costs. 6.2.1 The County shall invoice the City a "Booking Fee" for each City Inmate for whom the County provides Services. For purposes of this Agreement, "Booking" means the act of registering, screening, and examining inmates for confinement in the Jail; Administrative Booking pursuant to Section 4.7; inventorying and safekeeping inmates' personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate for confinernent. The Booking Fee is as follows: 2021 Booking Fee 2022 Booking Fee $128.88 1 $134.70 6.2.2 The County shall invoice the City a per calendar day "Daily Maintenance Fee" for each City Inmate for whom the County provides Services. The Daily Maintenance Fee for all City Inmates is as follows: 2021 Daily Maintenance 2022 Daily Maintenance Fee Fee $142.63 $187.46 Should the Parties renew this Agreement beyond December 31, 2023, additional annual increases shall be calculated pursuant to Section 6.2.3, 6.2.3 Beginning January 1, 2023, the Booking Fee and Daily Maintenance Fee listed in Sections 6.2.1 and 6.2.2 shall increase on January 1 of each calendar year during the term of this Agreement by three (3) percent. The County shall provide the City notice of the Booking Fee and Daily Maintenance Fee increase by September 1 of each year. In the event direct cost to the County to provide jail services increases or decreases by a rate that is more than one (1) percent over the amount of the applicable Booking Fee and Daily Maintenance Fee, the Parties agree that the costs for the remainder of the term shall be renegotiated based on actual direct costs. 6.2.4 The County shall invoice the City for all costs incurred for necessary medical, dental, or mental health services to City Inmates, including, but not limited to, all medication, durable medical equipment, ambulance fees, and medical, dental, and mental INTERLOCAL AGREEMENT FOR JAIL SERVICES 6 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF G Packet Pg. 257 7.7.a health services provided outside the Jail (the "Medical Costs"). The Medical Costs do not include routine medical examinations, tests, procedures performed at the Jail by Jail staff or contractors. In addition, the Medical Costs do not include expenses covered by the City Inmate's health insurance and/or public assistance for injuries suffered while in the custody of the County. The County will credit amounts received frorn the City Inmate's own health insurance and applicable public assistance before billing the City. 6.2.5 The County shall invoice the City a "Video Court Fee" for each scheduled hour of Video Court tirne. The Video Court Fee per hour is as follows: 2021 Video Court Fee 2022 Video Court Fee $207.96 $223.12 The County may increase the Video Court Fee upon thirty (30) days' notice to the City. 6.3 Invoicing and Payment. The City shall rernain liable for complete and timely payment of all amounts invoiced. Invoices may be sent monthly, quarterly or on any other schedule that is mutually convenient to the Parties. Where complete payment is not tendered within thirty (30) days of the invoice date, the County may charge interest on the outstanding balance at a rate equal to the interest rate on the monthly County investment earnings. Should the City wish to dispute the amount of a particular invoice, it will (a) make complete and timely payment on the outstanding balance, and (b) deliver written notice of the dispute to the County within thirty (30) days of the invoice date. Failure to properly notify the County of any disputed arnounts within thirty (30) days of the invoice shall constitute an acceptance by the City of all charges contained therein. Within fifteen (15) days of timely receipt of payment and the City's written notice of dispute, the County shall review the disputed invoice. Should the County resolve the dispute in favor of the City, the disputed amounts will be credited towards the City's next billing cycle, PROVIDED, HOWEVER, that upon termination of this Agreement, the County shall pay out to the City any such credited amounts. Withholding payment of any amount billed, regardless of whether the City has provided timely written notice of a disputed invoice, will constitute a default under Section 1 1 of this Agreement. 6.4 Records. Each Party may examine the other Party's books and records to verify charges. The County shall maintain accurate time and accounting records related to the Services for a period of three (3) years following final payment. 7. Indemnification/Hold Harmless. 7.1 City Held Harmless. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, losses, costs, expenses, and darnages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of thern relating to or arising out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and 1NTERLOCAL AGREEMENT FOR JAIL SERVICES 7 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OFF. \ C, xtN �« 5 Packet Pg. 258 7.7.a if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 7.2 County Held Harmless. The City shall indernnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damages is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 7.3 Waiver Linder Washington Industrial Insurance Act. The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 8. Liability Related to City Ordinances Policies Rules and Regulations, In executing this Agreement, the County does not assurne liability or responsibility for or in any way release the City frorn any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is cornmenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the sarne at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 9. ]Insurance. Each Party shall maintain its own insurance and/or self-insurance for its liabilities from damage to property and/or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-insurance shall not limitthe liability of the indemnifying part to the indemnified Party(s). Each Party shall provide the other with a certificate of insurance or letter of self-insurance annually as the case may be. 10. Compliance with Laws, In the performance of its obligations under this Agreement, each Party shall comply with all applicable federal, state, and local laws, rules and regulations. 11. Default and Remedies. 1NTERLOCAL AGREEMENT FOR JAIL SERVICES 8 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF Packet Pg. 259 7.7.a 11.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other Party shall deliver written notice of such failure to the non -performing Party. The non -performing Party shall have fifteen (15) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said fifteen (15) day period, then the non -performing Party shall not be in Default if it commences cure within said fifteen (15) day period and thereafter diligently pursues cure to completion. 11.2 Remedies. In the event of a Party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 1 1,1 above, the non -Defaulting Party shall have the right to exercise any or all rights and remedies available to it in law or equity. In addition, if the City fails to make payment on an outstanding invoice within the time to cure and the City has not disputed the invoice as provided in Section 6.3, the City shall have no further right under this Agreement to deliver custody to or otherwise house City Inmates at the Jail and shall, at the County's request, remove all City Inmates from the Jail within fourteen (14) days of notice to do so. Thereafter, the County may, in its sole discretion, accept City Inmates to the Jail if all outstanding invoices are paid. 12. Farly Terr116111tiOn. 12.1 Termination by the County. Except as provided in Section 12.3 below, the County may terminate this Agreement at any time, with or without cause, upon not less than ninety (90) days advance written notice to the City. The termination notice shall specify the date on which the Agreement shall terminate. 12.2 Termination by the City. The City may terminate this Agreement at any time, with or without cause, upon not less than ninety (90) days advance written notice to the County and the Washington State Office of Financial Management. The termination notice shall specify the date on which the Agreement shall terminate, the grounds for termination, and the specific plans for accommodating the affected jail population. 12.3 Lack of Funding. This Agreement is contingent upon governmental funding and local legislative appropriations. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement, this Agreement may be terminated by the County immediately by delivering written notice to the City. The termination notice shall specify the date on which the Agreement shall terminate. 12.4 Calculation of Costs Due Upon Early Termination. Upon early termination of this Agreement as provided in this Section 12, the City shall pay the County for all Services performed up to the date of termination. The County shall notify the City within thirty (30) days of the date of termination of all remaining costs. No payment shall be made by the City for any expense incurred or Services performed following the effective date of termination unless authorized in writing by the City. 13. Dispute Resolution. In the event differences between the Parties should arise over INTERLOCAL AGREEMENT FOR JAIL SERVICES 9 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF t ry,c4aAs Packet Pg. 260 7.7.a the terms and conditions of this Agreement, the Parties shall use their best efforts to resolve those differences through their Administrators on an informal basis. If those differences cannot be resolved informally, the matter shall be referred for mediation to a mediator mutually selected by the Parties. If mediation is not successful, either of the Parties may institute legal action for specific performance of this Agreement or for damages. The prevailing Party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 14. Notices. All notices required to be given by any Party to the other Party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the sarne is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Miscellaneous. 15.1 Entire Agreement, Amendment. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the Party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohornish County or King County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing Party shall be entitled to recover all costs of such a lawsuit; including reasonable attorney's fees. 15.4 In[er retation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the Parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. INTERLOCAL AGREEMENT FOR JAIL SERVICES 10 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF "C- Packet Pg. 261 7.7.a 15.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 15.6 No Waiver. A Party's forbearance or delay in exercising any right or rernedy with respect to a Default by the other Party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either Party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either Party without the express written consent of the other party, which may be granted or withheld in such Party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 15.9 Independent Contractor. The County will perform all Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the City. The County shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the County and not the City. The County has the express right to direct and control the County's activities in providing the Services in accordance with the specifications set out in this Agreement. The City shall only have the right to ensure performance. 15.10 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the Parties. 15.11 No Separate Entity Necessary. The Parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 15.12 Ownership oFProperty. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either Party in connection with its performance under this Agreement wi II remain the sole property of such Party, and the other Party shall have no interest therein. 15.13 No Third_ Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or Parties shall be deemed to have any rights in, under or to this Agreement. 15.14 Force Mg ure. In the event either Party's performance of any of the provisions of this Agreement become impossible due to circumstances beyond that Party's control, INTERLOCAL AGREEMENT FOR JAIL SERVICES 1 1 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF ® rncyac°�S Packet Pg. 262 7.7.a including without limitation, force majeure, strikes, embargoes, shortages of labor or materials, governmental regulations, acts of God, war or other strife, that Party will be excused frorn performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 15.15 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the sarne agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COUNTY: CITY: Snohomish County, a political subdivision City of G,�, c-',a�t�s , a Washington of the State of Washington municipal corporation Name: Dave Somers Title: County Executive Approved as to Form: Deputy Prosecuting Attorney Approved as to Indemnification and Insurance: Risk Management C Name: Title: Approved as to Form: City Attorney INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OFs� 12 of 12 Packet Pg. 263 7.7.a EXHIBIT A Proportionate Billing The County uses a proportional billing process to calculate fees and charges for each inmate. As a result, if multiple jurisdictions have an open charge on an individual inmate, the jurisdictions will each share equally the fees and costs as long as an open charge persists for that jurisdiction. When a contracting jurisdiction's charge is closed, that jurisdiction drops from the proportional billing process, and the proportional billing is recalculated without that jurisdiction. Each day the County shall examine the open charges for each active booking and apply uniform rules for determining billable charges and identifying the billable jurisdiction. The procedure employed by the County for determining the billable charges and responsible jurisdictions is outlined below and references the County's internal billing systern. The procedure continues in sequence through the outlined series of steps only so far as needed to isolate a billable charge and determine the jurisdiction responsible for payment. 1. Select "All Felony Charges." a. If there is more than one felony charge or if there is one felony charge and Washington State Department of Corrections (the "DOC") hold, go to Step 2. b. If there is one felony charge but no DOC hold, do not invoice. c. If there are no felony charges, go to Step 3. 2. Select "Arresting Agency DOC-Parole-Olympia." a. If there are no other arresting agency charges and all felony charges are with DOC, invoice DOC. b. If there is a DOC hold and additional local charges (that is, charges from jurisdictions that have an interlocal agreement for jail services with the County), do not invoice. If there is a DOC hold and non -local additional charges (that is, charges from jurisdictions that do not have an interlocal agreement for jail services with the County), invoice DOC. Select "All Misdemeanor Charges." a. If there is only one misdemeanor charge, invoice the charging jurisdiction. b. If there is more than one misdemeanor charge from more than one jurisdiction, invoice each jurisdiction in equal shares. If a jurisdiction has multiple open misdemeanor charges, the jurisdiction is only invoiced as one element of the proportional billing process. Snohomish County shall be invoiced its proportional share where applicable. Example: If City A has one open misdemeanor and City B has two open misdemeanor charges, all at the same time, each city is billed for fifty percent (50%) of the Fees and Costs for that inmate. A-1 Packet Pg. 264 7.7.a 4. Drop jurisdictions with closed charges. Example: City X has one open misdemeanor charge, and City Y has one open misdemeanor charge. City Y's charge is closed. City X is billed for one hundred percent (100%) of the Fees and Costs for that inmate from then on. A-2 Packet Pg. 265 7.8 City Council Agenda Item Meeting Date: 01/19/2021 Computer Decommissioning and Surplus Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History Council approval is required for disposal of assets. As part of the normal IT cycle, IT staff have decommissioned 53 computers, and would like to send them to surplus. This agenda item was discussed in Finance Committee on January 12 and forwarded to Consent. Staff Recommendation Approve surplus of 53 computers on Consent. Narrative: Council approval is required for disposal of assets. As part of the normal IT cycle, IT staff have decommissioned 53 computers, and would like to send them to surplus. Attachments: Surplus_Computers_20200107 Packet Pg. 266 7.8.a Serial Number Model 009277360252 Surface 3 009278254352 Surface 3 014059254352 Surface 3 032275260953 Surface Pro 4 035148762653 Surface Pro 4 2CE3462BOX HP ProBook 450 G1 2UA701ODH7 HPDC5700 5CG4033YK HP EliteBook 850 G1 G6BN714001M3 NUC7i5BNK G6RY506001T5 NUC5i5RYK G6RY506006X7 NUC5i5RYK G6RY506006YY NUC5i5RYK G6RY5070070Y NUC5i5RYK G6RY51400QN3 NUC5i5RYK G6RY5160031M NUC5i5RYK G6RY5160032L NUC5i5RYK G6RY5160034N NUC5i5RYK G6RY5160037C NUC5i5RYK G6RY5160037W NUC5i5RYK G6RY516003B4 NUC5i5RYK G6RY516003B5 NUC5i5RYK G6RY516004QG NUC5i5RYK G6RY5160088G NUC5i5RYK G6RY516008KE NUC5i5RYK G6RY516008L1 NUC5i5RYK G6RY519002DW NUC5i5RYK G6RY537005MR NUC5i5RYK G6RY537005MX NUC5i5RYK G6RY537005ZJ NUC5i5RYK G6RY543006TJ NUC5i5RYK G6RY543007G4 NUC5i5RYK G6RY6010OWP3 NUC5i5RYK G6SY549001BR NUC6i5SYK G6SY549001CA NUC6i5SYK G6SY549001G2 NUC6i5SYK G6SY551003V1 NUC6i5SYK G6SY551003Y8 NUC6i5SYK G6SY55100464 NUC6i5SYK G6SY5510048Z NUC6i5SYK G6SY5510049T NUC6i5SYK G6SY551004EL NUC6i5SYK G6SY551005XJ NUC6i5SYK G6SY551005Z7 NUC6i5SYK G6SY5510066C NUC6i5SYK G6SY5510066F NUC6i5SYK G6SY5510066Q NUC6i5SYK G6SY5510066T NUC6i5SYK G6SY5510067Z NUC6i5SYK G6SY55100684 NUC6i5SYK G6SY604006Q1 NUC6i5SYK G6SY61100048 NUC6i5SYK G6SY617003C5 NUC6i5SYK G6YE3450035G DICP847S Packet Pg. 267 7.9 City Council Agenda Item Meeting Date: 01/19/2021 Renewal of Interlocal Agreement With Snohomish County Drug Task Force Staff Lead: Jim Lawless Department: Police Services Preparer: James Lawless Background/History The agreement has been in place and renewed annually since 1988. This updated agreement was presented to the PSPP Committee on January 12, 2021. It was the direction of that committee to place the item on the Consent Agenda for approval by the full Council during the January 19, 2021 regular meeting. Staff Recommendation Request approval of the agreement and authorization of Mayor's signature, by full Council, via the Consent Agenda. Narrative Since January 1988, the Snohomish County Sheriffs Office, the City of Edmonds, and numerous other Snohomish County entities have been participants in the Snohomish Regional Drug Task Force (SRDTF). Edmonds was one of the original participants, contributing a detective and equipment to the unit. In more recent years, Edmond, Lynnwood, and Mountlake Terrace established the South Snohomish County Narcotics Task Force (SSCNTF), but that task force has dissolved and the agencies have since re- joined the SRDTF. The current funding model for the SRDTF calls for participating agencies to contribute a percentage based upon population totals of all participating agencies. This funding pays for the SRDTF Commander's salary/benefits. In addition, the Edmonds Police Department has one detective assigned to the unit. All other operational costs are borne by the Snohomish County Sheriff's Office. The Edmonds Police Department's financial contribution for 2021 is $8,150, which is a 29% reduction from the 2020 assessment, which was $11,426. The is a result of the change to the current funding model, which is no longer dependant upon federal grant funding, which required matching funds from the participating agencies. This ILA has been approved as to form by the City Attorney's Office. Attachments: SCSO Jail Services ILA F 20210113113810 Packet Pg. 268 7.9.a INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF This INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OFT—: m,_,-a� —(this "Agreement"), is made and entered into this day of , 2021, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF CAM ,_,,Xs , a municipal corporation of the State of Washington (the "City") pursuant to Chapter 39.34 RCW and Chapter 70.48 RCW (individually, a "Party" and collectively, the "Parties"). RECITALS A. The County, through the Snohomish County Sheriff's Office Corrections Bureau ("Corrections") currently maintains and operates a correctional facility known as Snohomish County Jail (the "Jail"). In order to assist other jurisdictions, the County from time to tirne will enter into interlocal agreements to confine in the Jail persons from other jurisdictions. B. The County and City each have the statutory power and authority to maintain and operate a correctional facility and to confine inmates therein. C. The City from time to time desires to confine in the Jail persons who have been arrested, detained or convicted by the City of criminal offenses (the "City Inmates"), and the County is willing to furnish its Jail facilities and personnel in exchange for payment from the City of fees and costs, all as more fully described in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of A14reernent, This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW and Chapter 70.48 RCW. The purpose and intent of this Agreement is for the County and the City to work together efficiently and effectively in order that the County may provide the City with Jail Services (the "Services"), as defined in Section 4 below, based on the rules and conditions set forth in the Jail's policies, procedures, rules and regulations and in this Agreement and any attachments hereto. 2. Effective Date and Duration. This Agreement shall govern jail services beginning on January 1, 2021, through December 31, 2023, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that the term of this Agreement may be extended or renewed for up to two (2) additional three (3) year terms by written notice from the County to the City, PROVIDED FURTHER that each Party's obligations after December 31, 2021, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. INTERLOCAL AGREEMENT FOR JAIL SERVICES 1 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF C �nr. caaa5 Packet Pg. 269 7.9.a This Agreement shall be either filed with the Snohomish County Auditor or listed on either Party's website or other electronically retrievable public source, as provided by RCW 39.34.040 ("Effective Date"). 3. Administrators. Each Party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such Party's participation in this Agreement. The Parties' initial Administrators shall be the following individuals: County's Initial Administrator: Jarnie Kane, Corrections Bureau Chief Snohomish County Sheriff's Office Corrections Bureau 3000 Rockefeller Avenue M/S 509 Everett, Washington 98201 City's Initial Administrator: [3 4 ,aa. V-�K,a"�,11 Po\:�� Either Party may change its Administrator at any time by delivering written notice of such Party's new Administrator to the other Party. 4. Scone of Services. As described in this Section 4 and subject to the conditions set forth in Section 5 below, the County will accept City Inmates for purposes of confinement, correction, punishment and/or rehabilitation, and hold such City Inmates until such tirne as they are lawfully discharged frorn custody pursuant to law, the terms of a judicial Order of Commitment, and/or returned to the custody of the City: 4.1 Effect of Ordinance, Policies, Procedures, Rules and Regulations; The Jail will be administered by the County in accordance with the ordinances, policies, procedures, rules and regulations of the County and in accordance with the rules and regulations of any agency of the State of Washington empowered to make rules governing the administration of county jails. The City and City Inmates shall be subject to the County's ordinances, policies, procedures, rules and regulations relating to Jail operations, including any emergency security rules imposed by the County's Administrator, PROVIDED, HOWEVER, that nothing in this Agreement shall be construed as creating, modifying, or expanding any duty on the part of the County except as specifically provided herein. Nothing in this Agreement shall be interpreted as a delegation by the City, or its judicial and law enforcement agencies, to the County of the duty to supervise City Inmates. 4.2 City .Access to City Inmates. The City, its officers, employees, or agents, may interview City Inmates inside the confines of the Jail subject to necessary operational and security rules and regulations. Interview rooms will be made available on an equivalent basis to all jurisdictions with inmates confined in the Jail. 4.3 Transport of City Inmates. The City shall provide or arrange for transportation and security of its inmates to and from the Jail, including to and from City in -court appearances, except when (a) the County determines, in its sole discretion, that emergency INTERLOCAL AGREEMENT FOR JAIL SERVICES 2 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF C,\ s Packet Pg. 270 7.9.a transportation is necessary in order to secure medical and/or psychiatric evaluation or treatment, or (b) the County determines, in its sole discretion, that transportation is required to support the orderly operation of the Jail. The City shall attempt to provide the County with at least twenty- four (24) hours' notice prior to transporting a City Inmate from the Jail. 4.4 Video Court. Upon request, and subject to availability and feasibility, the County will provide the City with use of the Jail's "Video Court" services, which include, by way of example but not by way of limitation, the following types of services: use of County video camera(s), audio technology, and the video courtroom facility; scheduling inmates for appearances by video; and transporting inmates to and from the video courtroorn; PROVIDED, HOWEVER, that the County shall have no liability or obligation for the installation, operation, maintenance, inspection, repair or replacement of the Video Court equipment operated by the City on City property. The County shall have discretion to set the date, time and duration of the City's Video Court. The County, in its sole discretion, will establish a maximum number of City Inmates for each video courtroomn calendar based upon operational limitations. The County will provide the City with a Video Court Schedule no later than ten (10) days after execution of this Agreement. The County may change or cancel the City's Video Court Schedule by providing the City with at -least seven (7) days' written notice. The County will deliver the City's Inmate(s) to the video courtroom by at least thirty (30) minutes prior to the City Inmate(s) hearing time so that the City Inmate(s) may prepare for the hearing and meet with his or her respective legal counsel. The City shall provide the County with all paperwork requiring the signature of City Inmate(s) at least thirty (30) minutes before the start of the City's scheduled Video Court tirne. In the event of a technical problem that the Parties are unable to repair in a timely manner, the Parties shall work together to reschedule the impacted hearings to be reheard as soon as practicable and at rninimurn, within two (2) judicial days. 4.5 Ilea Ith Care of City Inmates. The County is hereby granted the authority to seek necessary medical, dental and mental health services for City Inmates without consulting with the City. The County shall notify the City prior to seeking treatment, unless immediate treatment is required, in which case, the County will notify the City as soon after the event as reasonably possible. During "Normal Business Hours", defined as Monday through Friday, from 8:00 a.m. to 5:00 p.m., the City's point of contact for City Inmate health issues will be as follows: 1S.-17I- ❑��,G Outside Normal Business Hours, the City's point of contact for City Inmate health issues will be as follows: INTERLOCAL AGREEMENT FOR JAIL SERVICES 3 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF.n. a Packet Pg. 271 7.9.a Any failure or error by the County to provide the City with proper notification of medical, dental and/or mental health services delivered to a City Inmate shall in no way excuse full, complete and timely payment by the City under Section 6 of this Agreement. The City and the County will comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and County policies and procedures regarding HIPAA. 4.6 Community Corrections, The County does not provide or oversee a Community Corrections Program or alternatives to confinement. 4.6.1 The term "Community Corrections Program" and "alternatives to confinement" includes but is not limited to: Electronic Home Detention, Work/Education Release, and Work Crew. 4.6.2 If the City wishes to provide a Community Corrections Program and/or "alternatives to confinement" options for City Inmates, the City shall not book such City Inmates into the Snohomish County Jail. 4.7 Administrative Booking. Upon request by the arresting officer or the City's Administrator and when not otherwise prohibited by statute, court rule or court order, the County shall administratively book and immediately release a City Inmate. The County further reserves the right to administratively book and immediately release a City Inmate when, in the sole discretion of the County's Administrator, the County is unable to accept the City's Inmate for housing and when such action is not otherwise prohibited by statute, court rule or court order. 5. Conditions of Acceptance of City Inmates. The County shall provide Services to the City subject to the conditions set forth in this Section 5. Should the County, in its sole discretion, decline to accept or retain custody of a City Inmate for any of the reasons identified in this Section 5, the County shall notify the arresting officer in person or the City's judicial or law enforcement agency of the non -acceptance and the reason for the non -acceptance. Acceptance of a City Inmate into the Jail shall be conditioned upon the following: 5.1 Obligation to Abide by Policies and Procedures. The City, its officers, employees and agents shall follow all Jail policies and procedures. 5.2 Documentation for Le al Basis for Confinement. Absent proper documentation providing a legal basis for confining the City Inmate, the County will have no obligation to receive the City Inmate into custody. Proper documentation for purposes of this section rneans an arrest warrant, judicial Order of Commitment, other order of a court of competent jurisdiction, or a properly completed Notice of Arrest. INTERLOCAL AGREEMENT FOR JAIL SERVICES 4 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY Packet Pg. 272 7.9.a 5.3 Health Care Clearance. The County will have no obligation to receive into custody or retain custody of a City Inmate absent a determination, on an ongoing basis, by Jail staff that the City Inmate (a) is medically and psychiatrically able to be housed in the Jail, and (b) does not need medical and/or psychiatric attention that would require treatment at a hospital or other type of health care facility. At all times, the County's Administrator shall have final authority to determine whether a City Inmate is medically and/or psychiatrically fit for Jail. 5.4 Population Limits. The County shall have the right to return City Inmates to City custody if the Jail reaches the maximum allowable population level (the "MAPL"). The MAPL refers to the greatest number of inmates that can be held in the Jail in a safe, secure, and humane manner. The MAPL applies to the overall number of inmates, but may also be applied to specific populations of inmates (i.e. security level, medical need, mental health housing, etc.). The Snohomish County Sheriff, or his or her designee, shall determine, in his or her sole discretion, the MAPL. Every effort will be made to manage the MAPL, including booking restrictions. In the event that the MAPL is reached and the County determines that inmates must be removed from the Jail, priority for removal shall be as follows: (a) Inmates from out -of -county jurisdictions in reverse order from the date of execution of the respective jurisdictions' interlocal agreements with the County; then (b) Inmates from in -county jurisdictions, including the City, in reverse order frorn the date of execution of the respective jurisdictions' interlocal agreements with the County; then (c) Inmates confined on Snohomish County charges or commitments. The County's Administrator shall have final authority on MAPL reduction measures, and in the event the County determines that City Inmates shall be removed from the Jail according to this priority schedule, the County will provide the City fourteen (14) days' notice to remove City Inmates. 5.5 Earned Early Release. The County will release City Inmates in accordance with applicable statutes governing the calculation of jail commitments, including with respect to earned release time pursuant to Chapter 9.94A.729 RCW and Chapter 9.92.151 RCW, 6. Payment by City. 6.1 Proportional Culling_ The County employs proportional billing practices when invoicing jurisdictions for Services. Attached hereto as Exhibit A and incorporated herein by this reference is an explanation of the County's proportional billing practices. Commensurate with these practices, the City shall be invoiced only its proportionate share of the applicable Fees and Costs, as defined in Section 6.2 below, for a City Inmate under either of the following circumstances: 6.1.1 The City Inmate (a) is being held on criminal misdemeanor or gross misdemeanor charge(s) (whether or not formally arraigned) or on a warrant or court order INTERLOCAL AGREEMENT FOR JAIL SERVICES 5 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF r-: Packet Pg. 273 7.9.a issued by the City's municipal court, (b) is not being held on any active County felony charge, and (c) cannot be removed by a Federal agency without regard to local charges; OR 6.1.2 The City Inmate is being held (a) on criminal misdemeanor or gross misdemeanor charge(s) (whether or not formally arraigned) or on a warrant or court order issued by the City's municipal court, and (b) by the State of Washington for violation of the Offender Accountability Act, and the City has declined to transfer custody to the State of Washington. 6.2 Fees and Costs. 6.2.1 The County shall invoice the City a "Booking Fee" for each City Inmate for whom the County provides Services. For purposes of this Agreement, "Booking" means the act of registering, screening, and examining inmates for confinement in the Jail; Administrative Booking pursuant to Section 4.7; inventorying and safekeeping inmates' personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate for confinernent. The Booking Fee is as follows: 2021 Booking Fee 2022 Booking Fee $128.88 $134.70 6.2.2 The County shall invoice the City a per calendar day "Daily Maintenance Fee" for each City Inmate for whom the County provides Services. The Daily Maintenance Fee for all City Inmates is as follows: 2021 Daily Maintenance 2022 Daily Maintenance Fee Fee $142.63 $187.46 Should the Parties renew this Agreement beyond December 31, 2023, additional annual increases shall be calculated pursuant to Section 6.2.3, 6.2.3 Beginning January 1, 2023, the Booking Fee and Daily Maintenance Fee listed in Sections 6.2.1 and 6.2.2 shall increase on January 1 of each calendar year during the term of this Agreement by three (3) percent. The County shall provide the City notice of the Booking Fee and Daily Maintenance Fee increase by September 1 of each year. In the event direct cost to the County to provide jail services increases or decreases by a rate that is more than one (1) percent over the amount of the applicable Booking Fee and Daily Maintenance Fee, the Parties agree that the costs for the remainder of the term shall be renegotiated based on actual direct costs. 6.2.4 The County shall invoice the City for all costs incurred for necessary medical, dental, or mental health services to City Inmates, including, but not limited to, all medication, durable medical equipment, ambulance fees, and medical, dental, and mental INTERLOCAL AGREEMENT FOR JAIL SERVICES 6 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF G Packet Pg. 274 7.9.a health services provided outside the Jail (the "Medical Costs"). The Medical Costs do not include routine medical examinations, tests, procedures performed at the Jail by Jail staff or contractors. In addition, the Medical Costs do not include expenses covered by the City Inmate's health insurance and/or public assistance for injuries suffered while in the custody of the County. The County will credit amounts received frorn the City Inmate's own health insurance and applicable public assistance before billing the City. 6.2.5 The County shall invoice the City a "Video Court Fee" for each scheduled hour of Video Court tirne. The Video Court Fee per hour is as follows: 2021 Video Court Fee 2022 Video Court Fee $207.96 $223.12 The County may increase the Video Court Fee upon thirty (30) days' notice to the City. 6.3 Invoicing and Payment. The City shall rernain liable for complete and timely payment of all amounts invoiced. Invoices may be sent monthly, quarterly or on any other schedule that is mutually convenient to the Parties. Where complete payment is not tendered within thirty (30) days of the invoice date, the County may charge interest on the outstanding balance at a rate equal to the interest rate on the monthly County investment earnings. Should the City wish to dispute the amount of a particular invoice, it will (a) make complete and timely payment on the outstanding balance, and (b) deliver written notice of the dispute to the County within thirty (30) days of the invoice date. Failure to properly notify the County of any disputed arnounts within thirty (30) days of the invoice shall constitute an acceptance by the City of all charges contained therein. Within fifteen (15) days of timely receipt of payment and the City's written notice of dispute, the County shall review the disputed invoice. Should the County resolve the dispute in favor of the City, the disputed amounts will be credited towards the City's next billing cycle, PROVIDED, HOWEVER, that upon termination of this Agreement, the County shall pay out to the City any such credited amounts. Withholding payment of any amount billed, regardless of whether the City has provided timely written notice of a disputed invoice, will constitute a default under Section 1 1 of this Agreement. 6.4 Records. Each Party may examine the other Party's books and records to verify charges. The County shall maintain accurate time and accounting records related to the Services for a period of three (3) years following final payment. 7. Indemnification/Hold Harmless. 7.1 City Held Harmless. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, losses, costs, expenses, and darnages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of thern relating to or arising out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and 1NTERLOCAL AGREEMENT FOR JAIL SERVICES 7 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OFF. \ C, xtN �« 5 Packet Pg. 275 7.9.a if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 7.2 County Held Harmless. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damages is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 7.3 Waiver Under Washington Industrial Insurance Act. The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 8. Liabilitv Related to City Ordinances Policies Rules and Regulations. In executing this Agreement, the County does not assurne liability or responsibility for or in any way release the City frorn any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is cornmenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the sarne at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 9. Insurance. Each Party shall maintain its own insurance and/or self-insurance for its liabilities from damage to property and/or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-insurance shall not limitthe liability of the indemnifying part to the indemnified Party(s). Each Party shall provide the other with a certificate of insurance or letter of self-insurance annually as the case may be. 10. Compliance with Laws. In the performance of its obligations under this Agreement, each Party shall comply with all applicable federal, state, and local laws, rules and regulations. 11. Default and Remedies. 1NTERLOCAL AGREEMENT FOR JAIL SERVICES 8 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF E c�.trohl�s Packet Pg. 276 7.9.a 11.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other Party shall deliver written notice of such failure to the non -performing Party. The non -performing Party shall have fifteen (15) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said fifteen (15) day period, then the non -performing Party shall not be in Default if it commences cure within said fifteen (15) day period and thereafter diligently pursues cure to completion. 11.2 Remedies. In the event of a Party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 1 1,1 above, the non -Defaulting Party shall have the right to exercise any or all rights and remedies available to it in law or equity. In addition, if the City fails to make payment on an outstanding invoice within the time to cure and the City has not disputed the invoice as provided in Section 6.3, the City shall have no further right under this Agreement to deliver custody to or otherwise house City Inmates at the Jail and shall, at the County's request, remove all City Inmates from the Jail within fourteen (14) days of notice to do so. Thereafter, the County may, in its sole discretion, accept City Inmates to the Jail if all outstanding invoices are paid. 12. Early Termination. 12.1 Termination by the County. Except as provided in Section 12.3 below, the County may terminate this Agreement at any time, with or without cause, upon not less than ninety (90) days advance written notice to the City. The termination notice shall specify the date on which the Agreement shall terminate. 12.2 Termination by the City. The City may terminate this Agreement at any time, with or without cause, upon not less than ninety (90) days advance written notice to the County and the Washington State Office of Financial Management. The termination notice shall specify the date on which the Agreement shall terminate, the grounds for termination, and the specific plans for accommodating the affected jail population. 12.3 Lack of Funding. This Agreement is contingent upon governmental funding and local legislative appropriations. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement, this Agreement may be terminated by the County immediately by delivering written notice to the City. The termination notice shall specify the date on which the Agreement shall terminate. 12.4 Calculation of Costs Due Upon Early Termination. Upon early termination of this Agreement as provided in this Section 12, the City shall pay the County for all Services performed up to the date of termination. The County shall notify the City within thirty (30) days of the date of termination of all remaining costs. No payment shall be made by the City for any expense incurred or Services performed following the effective date of termination unless authorized in writing by the City. 13. Dispute Resolution. In the event differences between the Parties should arise over INTERLOCAL AGREEMENT FOR JAIL SERVICES 9 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OFc�a&s Packet Pg. 277 7.9.a the terms and conditions of this Agreement, the Parties shall use their best efforts to resolve those differences through their Administrators on an informal basis. If those differences cannot be resolved informally, the matter shall be referred for mediation to a mediator mutually selected by the Parties. If mediation is not successful, either of the Parties may institute legal action for specific performance of this Agreement or for damages. The prevailing Party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 14. Notices. All notices required to be given by any Party to the other Party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the sarne is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Miscellaneous. 15.1 f ntire Agreement, Amendment. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the Party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohornish County or King County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing Party shall be entitled to recover all costs of such a lawsuit; including reasonable attorney's fees. 15.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the Parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. INTERLOCAL AGREEMENT FOR JAIL SERVICES 10 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF "C- Packet Pg. 278 7.9.a 15.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 15.6 No Waiver. A Party's forbearance or delay in exercising any right or rernedy with respect to a Default by the other Party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either Party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either Party without the express written consent of the other party, which may be granted or withheld in such Party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 15.9 Independent Contractor. The County will perform all Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the City. The County shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the County and not the City. The County has the express right to direct and control the County's activities in providing the Services in accordance with the specifications set out in this Agreement. The City shall only have the right to ensure performance. 15.10 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the Parties. 15.11 No Separate Entity Necessary. The Parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 15.12 Ownership oFProperty. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either Party in connection with its performance under this Agreement wi II remain the sole property of such Party, and the other Party shall have no interest therein. 15.13 No Third_ Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or Parties shall be deemed to have any rights in, under or to this Agreement. 15.14 Force Mg ure. In the event either Party's performance of any of the provisions of this Agreement become impossible due to circumstances beyond that Party's control, INTERLOCAL AGREEMENT FOR JAIL SERVICES 1 1 of 12 BETWEEN SNOHOMISH COUNTY AND THE CITY OF ® rncyac°�S Packet Pg. 279 7.9.a including without limitation, force majeure, strikes, embargoes, shortages of labor or materials, governmental regulations, acts of God, war or other strife, that Party will be excused frorn performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 15.15 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the sarne agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COUNTY: CITY: Snohomish County, a political subdivision City of G,�, c-',a�t�s , a Washington of the State of Washington municipal corporation Name: Dave Somers Title: County Executive Approved as to Form: Deputy Prosecuting Attorney Approved as to Indemnification and Insurance: Risk Management C Name: Title: Approved as to Form: City Attorney INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OFs� 12 of 12 Packet Pg. 280 7.9.a EXHIBIT A Pr000rtionate. Billing The County uses a proportional billing process to calculate fees and charges for each inmate. As a result, if multiple jurisdictions have an open charge on an individual inmate, the jurisdictions will each share equally the fees and costs as long as an open charge persists for that jurisdiction. When a contracting jurisdiction's charge is closed, that jurisdiction drops from the proportional billing process, and the proportional billing is recalculated without that jurisdiction. Each day the County shall examine the open charges for each active booking and apply uniform rules for determining billable charges and identifying the billable jurisdiction. The procedure employed by the County for determining the billable charges and responsible jurisdictions is outlined below and references the County's internal billing systern. The procedure continues in sequence through the outlined series of steps only so far as needed to isolate a billable charge and determine the jurisdiction responsible for payment. 1. Select "All Felony Charges." a. If there is more than one felony charge or if there is one felony charge and Washington State Department of Corrections (the "DOC") hold, go to Step 2. b. If there is one felony charge but no DOC hold, do not invoice. c. If there are no felony charges, go to Step 3. 2. Select "Arresting Agency DOC-Parole-Olympia." a. If there are no other arresting agency charges and all felony charges are with DOC, invoice DOC. b. If there is a DOC hold and additional local charges (that is, charges from jurisdictions that have an interlocal agreement for jail services with the County), do not invoice. If there is a DOC hold and non -local additional charges (that is, charges from jurisdictions that do not have an interlocal agreement for jail services with the County), invoice DOC. Select "All Misdemeanor Charges." a. If there is only one misdemeanor charge, invoice the charging jurisdiction. b. If there is more than one misdemeanor charge from more than one jurisdiction, invoice each jurisdiction in equal shares. If a jurisdiction has multiple open misdemeanor charges, the jurisdiction is only invoiced as one element of the proportional billing process. Snohomish County shall be invoiced its proportional share where applicable. Example: If City A has one open misdemeanor and City B has two open misdemeanor charges, all at the same time, each city is billed for fifty percent (50%) of the Fees and Costs for that inmate. A-1 Packet Pg. 281 7.9.a 4. Drop jurisdictions with closed charges. Example: City X has one open misdemeanor charge, and City Y has one open misdemeanor charge. City Y's charge is closed. City X is billed for one hundred percent (100%) of the Fees and Costs for that inmate from then on. A-2 Packet Pg. 282 8.1 City Council Agenda Item Meeting Date: 01/19/2021 Extension of acting directorship authority for Acting Chief Jim Lawless Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The City Council discussed the acting chief's term on July 21, 2020. After discussing whether to approve an extension to an expired term or whether to acknowledge that Mayor Nelson could fill the July 2020 vacancy by appointing (again) an acting director (reading ECC 2.10.010.E and ECC 2.10.040.13 together), the council unanimously approved a motion to suggest that the mayor do that latter. The motion was to "ask the mayor to re -appoint [an acting director] for this vacant position at his earliest convenience using the current codes that we have now." Staff Recommendation Authorize the mayor to extend the term of Acting Chief Jim Lawless for an additional six months pursuant to ECC 2.10.040.13. Narrative ECC 2.10.040.E reads as follows: B. The authority to hold an appointive office on an acting basis (an acting directorship) shall expire and be deemed vacant six months after the date of the acting appointment. If, during that six-month period, the administration has not been able to generate sufficient interest from suitable candidates to satisfy the city council interview requirement (see ECC 2.10.010(D)), the mayor may request an extension of acting directorship authority from the city council, in increments of no more than six months at a time, to allow the recruiting process to continue. After the initial six-month term, each extension of the acting directorship shall be subject to city council confirmation. ECC 2.10.040.13. This provision was initially adopted by the city council on January 21, 2014, but without discussion of that subsection. The revisions to chapter 2.10 ECC were also discussed on January 7, 2014, but again, without discussion of that subsection (see the 1:49:00 mark of the January 7, 2014 meeting if you are interested in viewing the legislative history on different, but related, matters). Prior to the January 7, 2014 council meeting, it appears that a council committee reviewed these revisions on October 8, 2013. The City Attorney reviewed his records, along with city records, and could not find any instance where the council expressly discussed the above -quoted code language. The City Attorney drafted this language in 2013. At the time, the City Attorney and City Council only expressly contemplated that extensions of acting directorships would be necessary to satisfy the three - Packet Pg. 283 8.1 interview requirement. But the City Attorney's recollection as to the broader intent of this language goes beyond that point. This code section was intended to prevent a mayor from abusing his/her acting appointment authority, e.g., by converting an acting director into a de facto permanent director, through serial extensions, without obtaining city council confirmation. In keeping with the spirit and intent of the ordinance, any extensions of acting authority beyond six months should be agreed to (or at the very least acquiesced to, as was the case in July 2020) by the city council. Fundamentally, this code protects the separation of powers, in particular, the council's confirmation power. Some have suggested, for one reason or another, that it would be improper for the city council to approve/confirm the extension of Mr. Lawless for another six-month term as acting director. Those arguments ignore the intent of the ordinance and arguably place undue importance on a particular phrase in the code that describes a scenario where such extensions might be necessary. Rather than protecting the council's confirmation power as was intended, the alternative analysis would have the effect of limiting options, and therefore taking power away from, the city council. Here are some key excerpts of the text above, which warrant careful consideration: 1. "If ... the administration has not been able to generate sufficient interest ... to satisfy the city council interview requirement, the mayor may request an extension..." Reasonable minds can differ over whether the city council interview requirement was satisfied in November 2020. One can argue, as members of the public have, that the requirement is satisfied if waived. Alternatively, one can argue that the interview requirement is only satisfied if three candidates are brought forward, and that the council's November 2020 waiver of the interview requirement would not have been necessary if the requirement had been satisfied. Because the phrase is ambiguous, one should look to legislative intent. In other words, one should ask, why would this phrase be in the code? What public interest or separation of powers interest would be furthered by this language? In the City Attorney's opinion, the interests here are the following: 1) to provide a process that ensures that the best candidates are brought forward for possible permanent appointment; and 2) to protect the city council's confirmation authority from executive avoidance (there was, apparently, some precedence for such avoidance prior to 2014). 2. "...in increments of no more than six months at a time, to allow the recruiting process to continue." Clearly, it was contemplated that some positions could prove difficult to fill, and that multiple extensions of acting authority might be necessary. The same two public interests called out above are contemplated here too. Some have suggested that the mayor and council have no option under this code to extend the acting director for another six months. While this language may have inadequately contemplated every scenario where an extension of acting authority might be desired, there is no indication in the legislative history that this language was intended to force the mayor to make a particular appointment that he was not wanting to make. Such an interpretation would be difficult to square with state law, which clearly vests the mayor with appointment authority. Furthermore, it would not make sense for the code to be construed in that way, especially since these positions serve at the pleasure of the mayor and can be terminated without cause. 3. "After the initial six-month term, each extension of the acting directorship shall be subject to city council confirmation." Packet Pg. 284 8.1 This is where the fundamental purpose of the paragraph is most clear: that the council give consent to acting director terms that last longer than six months. But notice that there is no other qualifying language or prerequisite in this sentence. In other words, there is no reference to the interview requirement. So an argument can be made that an extension can be granted any time as long as there is council consent. Fundamentally, what's most important about this section is that the council consent to another six months. Remember also that the code has not changed since July 2020. So, if the council opts not to take action to extend, there's nothing that would prevent the mayor from allowing the acting director term to expire and the position to become vacant again, which vacancy would allow the mayor to appoint an acting director (perhaps the same one) to a six month term as was done in July 2020. Ultimately, there is no scenario where this code could be used to force the mayor to make a particular appointment. That was not the purpose of this code and it should not be construed that way. Packet Pg. 285 8.2 City Council Agenda Item Meeting Date: 01/19/2021 Review of Council Code of Conduct Staff Lead: Laura Johnson, Vivian Olson, Luke Distelhorst Department: City Council Preparer: Maureen Judge Background/History In December 2013, the Council passed Resolution No. 1306 adopting a new Code of Conduct and in June 2015, the Council approved a new Code of Ethics. Council began review of Councilmember Laura Johnson's updated Code of Conduct and the current code --Resolution No. 1306-at the August 11, 2020 Council Meeting. It was decided that a subcommittee be created to review the updated Code of Conduct make collaborative edits, deletions, and additions and bring it back to Council for their input as well as input from citizens. The three -member subcommittee of Council volunteers -CM Vivian Olson, CM Luke Distelhorst, and CM Laura Johnson reviewed the updated Code of Conduct, garnered input from Edmonds citizens, and brought the Code of Conduct back to Council for a collaborative review on 1/12/21. Staff Recommendation N/A Narrative After discussion on 1/12/21, it was determined that the Council needed to review the Code of Conduct again at a future meeting. The Council will be reviewing it on 1/19/21. Attachments: DRAFT Code of Conduct 1-14-21 CODE —OF —ETHICS Packet Pg. 286 8.2.a Section 6. Council Code of Conduct The City Council finds that Councilmembers should seek to continually improve the quality of public service and ensure public confidence in the integrity of local government and its effective, transparent, and equitable operation. Councilmembers have a public stage and privileged platform to show how individuals with contrasting points of view can find common ground, demonstrate problem -solving approaches, and achieve solutions that benefit the community as a whole. Central to these principles is that civility and decorum shall apply to all Councilmember conduct in relation to city business. To this end, the following Code of Conduct for members of the Edmonds City Council is established: 6.1 General Conduct A. Councilmembers shall focus discussions and debates on vision, policies, and their implementation. B. No Councilmember shall dominate proceedings during Council or other public meetings. C. Personal, insulting, or intimidating language, body language and actions, are not allowed. Councilmembers may raise a point of order for ruling by the Chair or by the Body to address inappropriate remarks. D. Ensuring that all meeting participants feel welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in a public meeting. Every effort should be made to be €a+e a+H +FnpaFt+alrespectful in listening to Council, staff and public testimony and discussions. E. Technology allows words written or said to be distributed far and wide. Councilmember written notes, voicemail messages, texts, email, or other electronic communications, are public records and shall follow this code. 6.2 Conduct with City Staff, the City Attorney, and the Council Legislative Assistant A. —The community is best served when the abilities, experience, and knowledge of staff and contract employees work alongside councilmembers, and councilmembers will value these resources and relationships by: A. Using respectful language and tones. B. Whenever possible, provide questions ahead of public meetings and otherwise avoid surprises. C. Recognize that calls and emails may not be returned outside of business hours. D. Expressing concerns about performance only to the Mayor, in the case of staff, and the Council President, in the case of Council legislative aide and City ttem^• E. Understanding that Council, as a legislative body, directs City business via policy change initiated by majority Council vote only; councilmembers acting individually shall refrain from directing staff or otherwise intruding on the City's administrative functions. N C O N w Packet Pg. 287 8.2.a 6.3 Conduct with Boards, Committees, Commissions, and Outside Agencies A. The City maintains several boards and commissions as a means of encouraging and gathering community input. Residents who serve on boards and commissions are a valuable resource to the City's v leadership and shall be treated with appreciation and respect. O B. Councilmembers are appointed as non -voting members to serve as the primary two-way c O U communication liaison between the Council and boards, commissions, and committees. Councilmembers are not to direct the activities or work of the board, commission, or committee. G d C. Councilmembers may attend any board or commission meeting to which they are not appointed but O U shall do so as a member of the public. Personal comments or positions, if given, will be identified as such and shall not be represented as the position of the City or Council. D. Councilmembers shall not contact a board or commission member to lobby on behalf of an individual, 7 — Commented [LD7]: Jeffr question re: ADB O U business, or organization. It is acceptable for Councilmembers to contact the board, committee, or 4— commission members in order to clarify or contextualize a position taken by the body. aA4wo-makiRg ,. Formatted: Highlight 3 ..tart the .-..I.,want CA,mr." Ii-.k An ;hA.Id bpi gl- dpd i rh E. When attending a non -city sponsored event, meeting, conference, or other activity, a Councilmember W may be authorized to represent the Council only upon a majority vote of the Council. Likewise, a Councilmember may be authorized to represent the City only upon the express permission of the N Mayor. G 6.4 Implementation, Compliance, and Enforcement .N As an expression of the standards of conduct that best serve the City, the Code of Conduct is intended to N be self -enforcing and is most effective when members are thoroughly familiar with it and embrace its N provisions. A. This Council Code of Conduct shall be included in the regular orientations for newly seated Councilmembers. Members entering office shall sign a statement affirming they read and understood v 7 the City of Edmonds Council Code of Conduct. O B. The Code of Conduct shall be reviewed and reaffirmed annually by the City Council. U C. When a breach of this code occurs, Councilmembers are encouraged to remind one another of the O Code of Conduct terms. These communications may be documented with the subject line, "Code of m Conduct Reminder." U H D. Repeated breaches, or egregious instances, may be dealt with according to the terms set out in the ILL Council's adopted Robert's Rules of Order or other applicable laws and regulations. Packet Pg. 288 8.2.b CODE OF ETHICS The purpose of the Edmonds Code of Ethics is to strengthen the quality of government through ethical principles which shall govern the conduct of elected officials and appointed citizen volunteers serving in an official capacity (i.e. Boards and Commissions). We shall: • Be dedicated to the concepts of effective and democratic government. • Affirm the dignity and worth of the services rendered by government and maintain a sense of social responsibility. • Be dedicated to the highest ideals of honor and integrity in all public and personal relationships. • Recognize that the chief function of local government at all times is to serve the best interest of all the people. • Keep the community informed on municipal affairs and encourage communications between the citizens and all municipal officers. Emphasize friendly and courteous service to the public and each other; seek to improve the quality of public service, and confidence of citizens. • Seek no favor; do not personally benefit or profit by confidential information or by misuse of public resources. • Conduct business of the city in a manner which is not only fair in fact, but also in appearance. Approved by the Edmonds City Council on 06-02-2015. Packet Pg. 289