2021-01-19 City Council - Full Agenda-27691.
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o Agenda
Edmonds City Council
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"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
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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.
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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.
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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
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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
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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
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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
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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.
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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;
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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,
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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
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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
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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
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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.
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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
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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
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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
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U
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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! ,
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Bank total : 3,942,870.6z
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Total vouchers : 3,942,870.6z u
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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'
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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'
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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'
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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
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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
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Packet Pg. 94
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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%
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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%
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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.
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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
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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
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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.
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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
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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
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7.6.a
GROUND LEASE
BETWEEN THE CITY
OF EDMOND S AND
THE EDMONDS SENIOR CENTER
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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
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LIST OF EXIBITS
EXHIBIT A
Property Description
EXHIBIT B
Access and Parking Easement
EXHIBITC
Utility Easement
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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
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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)
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days prioir to the Termination oFthe Leas eTemi.
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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.
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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:
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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
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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.
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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
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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
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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
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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
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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'
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00 2
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m
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Lo
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S48'11'24"E 37.18' w
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Lo
Lo
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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
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N41'48'36"E N
ZQ 3
21374 N
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S43'56'43"E 39.27'
N42'51'01'E S48'11'24'
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10.02' 17.57'
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N43'56'43"W 42.13'
F
N41'48'36"E� N48' 11'24"W
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6.74'
hR' 21.38'
Z
7
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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
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vl
Z l
��
Q -
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STS y
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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.
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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
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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%
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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]
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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
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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
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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
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7.6.c
Exhibit A-1
136
-- OUTDOOR STOR.
\ 123 sq ft — - — --
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STOR.
178 sq ft
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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
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104sgft 117
OFFICE
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125 sq ft
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380 sq ft FLEX SPACE IF
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7.6.c
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4BALCONY
308 sq ft
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609 sq ft
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1059 sq ft MULTIPURPOSE 2 MULTIPURPOSE 3
685 sq ft 688 sq ft
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78 sq ft 132 sq ft
GAME ROOM •
667 sq ft 21 g 212
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76 sq ft 87 sq ft 203
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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
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107 s 60 sq ft 98 sq ft 112 sq ft fl8
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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�
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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
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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
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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.
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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
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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:
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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 -
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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."
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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.
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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
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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.
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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
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leadership and shall be treated with appreciation and respect.
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B. Councilmembers are appointed as non -voting members to serve as the primary two-way
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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.
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C. Councilmembers may attend any board or commission meeting to which they are not appointed but
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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,
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business, or organization. It is acceptable for Councilmembers to contact the board, committee, or
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commission members in order to clarify or contextualize a position taken by the body. aA4wo-makiRg ,.
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E. When attending a non -city sponsored event, meeting, conference, or other activity, a Councilmember
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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
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Mayor.
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6.4 Implementation, Compliance, and Enforcement
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As an expression of the standards of conduct that best serve the City, the Code of Conduct is intended to
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be self -enforcing and is most effective when members are thoroughly familiar with it and embrace its
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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
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the City of Edmonds Council Code of Conduct.
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B. The Code of Conduct shall be reviewed and reaffirmed annually by the City Council.
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C. When a breach of this code occurs, Councilmembers are encouraged to remind one another of the
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Code of Conduct terms. These communications may be documented with the subject line, "Code of
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Conduct Reminder."
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D. Repeated breaches, or egregious instances, may be dealt with according to the terms set out in the
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Council's adopted Robert's Rules of Order or other applicable laws and regulations.
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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.
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