2024-04-09 Council PSPHSP Packet1
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ti Agenda
Edmonds City Council
BLIC SAFETY -PLANNING -HUMAN SERVICES -PERSONNEL
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
APRIL 9, 2024, 3:30 PM
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COMMITTEE MEMBERS: NEIL TIBBOTT (CHAIR), CHRIS ECK, COUNCIL PRESIDENT (EX-OFFICIO
MEMBER)
CALL TO ORDER
COMMITTEE BUSINESS
1. Arlington Airport Use Agreement (5 min)
2. CJTC Contract for Part Time Instructors (5 min)
3. Council Rules of Procedure Section 8 (5 min)
ADJOURNMENT 5:30 PM
Edmonds City Council Agenda
April 9, 2024
Page 1
2.1
City Council Agenda Item
Meeting Date: 04/9/2024
Arlington Airport Use Agreement
Staff Lead: Michelle Bennett
Department: Police Services
Preparer: Alexandra Ehlert
Background/History
The Edmonds Police Department is legislatively required to conduct EVOC and pursuit intervention
training (EVOC - yearly, Pursuit - every other year). Arlington Airport has been used for this for the past
21 years. While other locations have been reviewed, none have provided the protected access and
environmental flexibility required for this training like Arlington Airport does. Not only is the police
department required to comply with the RCW but one of the accreditation standards (WASPC 15.4)
requires compliance with the training portion of associated WA laws. The attached contract will
continue to allow us access to the Arlington Airport for required driving training. The contract was
approved to form on 2/27/24. Sharon Cates noted that this should be considered a real estate
lease/rental agreement.
Staff Recommendation
We request council to approve the Mayor to sign this contract.
Narrative
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Attachments:
Airport Use Agreement - EVOC
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2.1.a
ARLINGTON MUNICIPAL AIRPORT
USE AGREEMENT
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The City of Arlington/Arlington Municipal Airport and the City of Edmonds ("permittee") agree
that the permittee, may use and occupy the following prescribed real property: that part of the
land within the boundary of the Arlington Municipal Airport that is shown on the attached Exhibit
A.
Such use is for the purpose of conducting driver training for the Edmonds Police Department for
the 2024 Calendar Year
1. Fees — This land use permit is issued for the periods listed above and may be reviewed by the
Arlington City Council and Airport Commission on a yearly basis. This entire agreement is open
to review and possible approval/disapproval on an annual basis by the City of Arlington/Arlington
Municipal Airport. It is revocable for any breach of the conditions noted herein. An
administrative fee of $100 is required each year this agreement is renewed. Permittee is
responsible for all damages.
The property being utilized shall be considered rented for any day in which the permittee
conducts the event. This shall include the set-up and teardown of the event. The payment for
this use fee shall be mailed or hand delivered to the City of Arlington or the Arlington Municipal
Airport Office.
Acreage required for this usage totals 2 acres, which equals $144.60 per day. The land use fee
shall be paid quarterly.
The permittee shall have the right of first refusal regarding use of the event site if another user
approaches the airport for the use of the entire event site.
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MASTER SECTION:
1. Late Charges - There shall be assessed and the permittee shall pay upon any installment of
the use fee or portion thereof not paid within twenty (20) days after such fee installment is
due and payable, a late charge penalty for each week or fraction thereof the use fee or
portion thereof is not paid equal to five percent (5%) of the amount for such use fee or portion
thereof (plus accrued late charge penalties, if any) due and payable. The amount of such late
charge penalty shall be added to the amount due each month, and the total thereof shall be
subject to a late charge for each succeeding month of fraction thereof in the amount of five
percent (5%) of the total.
2.Insurance
A. Insurance Term
The permittee shall procure and maintain for the duration of the use or rental period
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the use of the facilities and the activities of the permittee and
his or her guests, representatives, volunteers and employees.
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Permittee's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the permittee to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
C. Required Insurance
Permittee's required insurance shall be as follows:
General Liability insurance shall be at least as broad as Insurance Services Office (ISO)
occurrence form CG 00 01 covering premises, operations, products -completed operations
and contractual liability. The City shall be named as an additional insured on permittee's
General Liability insurance policy using ISO Additional Insured -Managers or Lessors of
Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The
General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $1,000,000 general aggregate.
The insurance policy shall contain, or be endorsed to contain that the permittee's
insurance coverage shall be primary insurance as respect the City. Any insurance, self-
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insurance, or self -insured pool coverage maintained by the City shall be excess of the
permittee's insurance and shall not contribute with it.
D. City Full Availability of Permittee Limits
If the permittee maintains higher insurance limits than the minimums shown above, the
City shall be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the permittee, irrespective of whether such limits
maintained by the permittee are greater than those required by this contract or whether
any certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the permittee.
Certificate of Insurance and Acceptability of Insurers
The permittee shall provide a certificate of insurance evidencing the required insurance
before using the Premises.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:
VII. Participation in a City risk pool with equivalent coverage shall be considered
compliant with this section.
3. Event Equipment - The permittee will supply at its expense all equipment to conduct the event
including portable toilets, tents, portable operations buildings, food vending operations, fencing,
and other miscellaneous equipment, such as aviation band radios, cell phones, etc.
It is agreed that: (A) The permittee will provide their own security service and also adequate fire
extinguishers and signage to comply with requirement imposed by the Arlington Fire
Department. (B) The permittee will provide adequate signage and guidance on roads and streets
surrounding the airport to citizens attending the event. (c) The permittee shall observe all federal,
state and local laws, orders or regulations applicable to the premises including the erection of
antennas, signs, displays, and shall keep the premises in a neat, orderly, safe and sanitary
condition. (D) The permittee shall not close any roadway normally in public use without proper
approval.
4. Set-Up/Teardown - (A) The permittee shall coordinate the setup, erection, cordoning, blocking,
rerouting, teardown, fencing, or other activities to prepare the premises for the event, all of
which may have the potential for disrupting normal airport operations, with the Airport Manager
prior to commencement of the same. A detailed plan may be required by the Airport Manager
prior to approving the same. Permittee acknowledges that plans for activities which may interfere
with the operational surfaces of the airport, including all runways, taxiways, landing areas, and
surface roads, must be provided to the Airport Manager during regular business hours and in
sufficient time for the Airport Manager to review and approve the same, and to give prior notice
to the Federal Aviation Administration and the local users of the operational surfaces.
(B) All labor required for the setup, erection, cordoning, blocking, rerouting, teardown, fencing,
or other activities to prepare the premises for the event shall be provided by permittee and at
permittee's expense. In the event permittee wishes to contract with the airport for any of these
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services, the same shall be done by separate written agreement following the provision of an
estimate for the same. Any charges resulting from said written agreement will provide for the
reimbursement to the airport of its actual costs to provide the services. Provision of these
services by the airport is discretionary, and is subject to the permittee providing the airport with
sufficient advance notice so as to allow for planning to avoid undue hardship or excessive
overtime costs.
(c) The permittee shall not cut any trees on the property without the prior approval of the Airport
Manager, and shall take all reasonable precautions to prevent and suppress forest, brush and
grass fire; to prevent the pollution of any water on or in the vicinity of the land; and to provide
for the protection of game birds or animals and or domesticated animals known to frequent the
areas of occupation. In addition, the permittee shall return the used site to the condition of that
area prior to the event. This will include collection and removal of all litter, dismantling of all use
structures, fences, portable toilets and other items connected with the event. Any vegetation
disturbed during the use (i.e. turf) shall be returned to original condition. This will include
seeding, fertilizing, watering, grooming and any other means necessary to return the vegetation
to a condition that equals or betters its pre -event state. Also any pavement breakdown due to
this use will be brought back to pre -use standard.
(D) Any and all airport surfaces used by the permittee shall be returned to the airport in a
condition at least as good as before the event. Where any vegetation has been disturbed,
permittee shall restore the same using appropriate landscaping practices, including the
application of topsoil, fertilizer, seeding and watering, to ensure proper repair or restoration. The
airport shall remain responsible for maintaining in the operational surfaces of the airport during
the term of the use agreement; the responsibility for checking and grooming all non -operational
surfaces shall be permittees.
(E) Permittee shall not alter any airport surface or facility without the prior written approval of
the Airport Manager. Airport may, in airport's discretion, agree to share in the costs of any such
improvements deemed by airport to be appropriate and of general benefit to the airport or its
users.
S. Safety - The permittee will take all reasonable steps to ensure and support safe flying
conditions in and around the airfield. This will include, but not be limited to, briefing all
participants on observing safe practices around the airfield, staying away from the active runway,
taxiways and aircraft parking areas and respecting an aircraft's right-of-way at all times. The
permittee's representative shall meet with the Airport Manager as necessary for safety briefings
on the airfield situation. Additionally, to facilitate the above items, an airport site visit or
orientation tour is highly recommended.
6. Area of Usage - As discussed and agreed upon the permittee's event shall only utilize the area
as depicted on the attached site map.
7. Accidents/Indemnity - The Permittee has personally inspected the premises and is informed
as to all risks which may be associated with the planned activities on the premises above
described. Being fully informed as to the risks and in consideration of being given the privilege
to utilize the property, Permittee, on behalf of itself and its elected and appointed officials,
employees and agents, agree to assume all risks in connection with Permittee's use of the
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property and further agrees to hold harmless and defend the City of Arlington, its elected and
appointed officials, employees and volunteers, for any injury or damages which may occur to
Permittee, its elected and appointed officials, employees, volunteers or invitees while on the
property. Permittee further agrees to hold harmless, defend and indemnify the City of Arlington,
its elected and appointed officials, employees and volunteers from and against any and all claims,
suits, actions or liabilities for injury or death of any person, or for loss or damage to property,
which arises out of the use of Premises or from any activity, work or thing done, permitted, or
suffered by Permittee in or about the Premises, except only such injury or damage as shall have
been occasioned by the sole negligence of the City.
8. Utilities - The permittee hereby covenants and agrees to pay all charges for heat, light, water
and sewer, and for all other public utilities which shall be used in or charged against the event
during the full term of this use agreement. Permittee shall at its cost construct and keep in repair
a suitable septic tank or other lawful sewage system, in accordance with Snohomish County
Health and Sanitary Regulations. Any permits therefor which may be required shall be secured
by permittee at permittee's expense prior to installation.
9. Munitions - The permittee understands that permission to use the airport land does not grant
permission to use any type of munitions, smoke, pyrotechnics, chemical training agent, gas, or
explosive training devices to include blank rifle ammunition. Permission to use such devices will
be given separately and is always subject to immediate verbal revocation by the Airport Manager
or his representatives. If the permittee desire to use such devices, he must specify in writing at
least six months in advance to the Airport Manager or his representative the following: type,
smoke and noise producing effects, persistency of smoke, pyrotechnics the intended use site and
the time of use. Further, permittee shall obtain approval from the Puget Sound Air Pollution
Control agency at least one month prior to use. A copy of said approval shall be given to the
Airport Manager. Further, permittee must guarantee that all such devices or their residue will be
removed from the airfield and safely disposed of prior to his departure. The Airport Manager
reserves the right to approve in part or in entirety or deny completely the use of such devices.
Additionally, the presence of weapons, whether real or fake, requires the written permission of
the Airport Manager. In such case the only weapons loaded with live ammunition will be those
used by the Arlington Police Department. The permittee shall inform the local law enforcement
officers to include the Arlington City Police Chief, Snohomish County Sheriff and the local
Washington State Patrol office of the number and type of weapons to be used at least four weeks
in advance.
10. Usage - The permittee shall conduct and carry on in said premises only the business usage for
which said premises are to be used, and shall not use the premises for illegal purposes. The
permittee will cooperate with and notify the responsible enforcement agency of any illegal or
unlawful activity which becomes known during the period of occupancy.
11. Access - The permittee will allow the Airport Manager or his/her representative free access
at all times to said premises for the purpose of inspection. Nothing herein shall be constructed
as in anyway limiting the authority of the airport/city building official under existing law.
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12. Notice - All notices and consents hereunder shall be given in writing, delivered in person or
mailed by certified mail, postage pre -paid, to the receiving party at its address, or to such other
address as the receiving party may notify the sender beforehand referring to its use agreement.
13. Governmental Fees - All fees due under applicable law to the city, county or state on account
of any legal inspection made on premises by any officer thereof, shall be paid by permittee.
14. Liens and Insolvency - Permittee shall keep the property in which the use agreement is
exercised free from any liens arising out of any work performed, materials furnished or
obligations incurred by permittee. If the permittee becomes insolvent, voluntarily or involuntarily
bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the
permittee the airport may cancel this use agreement at airport's option.
15. Default and Re-entry - If any fees above reserved, or any part thereof, shall be and remain
unpaid when the same shall become due, or if the permittee shall violate or default in any of the
covenants and agreements therein contained, then the airport may cancel this use agreement
and re-enter said premises.
16. Cost and Attorney's Fees - If by reason of any default on the part of either party, litigation is
commenced to enforce any provision of this use agreement or to recover for breach of any
provision of this use agreement the prevailing party shall be entitled to recover from the other
party reasonable attorney's fees in such amount as is fixed by the court, and all costs and
expenses incurred by reason of the breach or default by the other under this use agreement.
17. Non Waiver of Breach - The failure of either party to insist upon strict performance of any of
the covenants and agreements of this use agreement or to exercise any option herein conferred
in anyone or more instance, shall not be construed to be a waiver or relinquishment of any such
strict performance or of the exercise of such option, or any other covenants or agreements but
the same shall be and remain in full force and effect.
18. Restrictions and Consents - This use agreement shall be and is subject to all the terms,
covenants, restrictions, reservations and agreements contained in that certain Quit Claim Deed
dated February 25, 1959, by the United States of America to Town of Arlington, recorded in
Snohomish County, Washington, on August 20, 1959, in Volume 690 of Deeds, pages 38 through
46, under Auditor's File No. 1356180, records of said county, including the written consent of the
Federal Aviation Agency if the leased premises are to be used for other than airport purposes.
Under the requirements imposed upon airport as recipient of Federal Aid Airport Program Grant
Funds, the parties agree as follows: (A) Permittee covenants that it will not, in its operation at the
Arlington Airport, on the basis of race, color, creed, or national origin, discriminate or permit
discrimination against any person or group of persons in any manner prohibited by parts 15 and
21 of the Federal Aviation Regulations (49 CFR), and in that the airport has the right to take such
action as the United States government may direct to enforce this covenant. (B) With respect to
any aeronautical services, permittee agrees: 1) to furnish said aeronautical service on a fair, equal,
and not unjustly discriminatory basis to all users thereof, and 2) to charge fair, reasonable and
not unjustly discriminatory prices for each unit of service, provided, that the permittee may be
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allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of
price reductions to volume purchasers.
19. Nondiscrimination - The permittee on behalf of itself and its elected and appointed officials,
employees and agents, as a part of the consideration hereof, does hereby covenant and agree as
a covenant running with the land that in the event facilities are constructed, maintained or
otherwise operated on the said property described in this use agreement for a purpose for which
a Department of Transportation or activity is extended or for another purpose involving the
provision of similar services or benefits, the permittee shall maintain and operate such facilities
and services in compliance with all other requirements imposed pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended.
The permittee, for itself and its elected and appointed officials, employees and agents, as a part
of the consideration hereof, does hereby covenant and agree as a covenant running with the land
that (A) no person on the grounds of race, color or national origin shall be excluded from the
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities, or (B) that in the construction of any improvements in, over or under such land and
the furnishing of services thereon, no person on the grounds of race, color or national origin shall
be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, and (c) that the permittee shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of
1964, and as said regulations may be amended; and (D) that in the event of breach of any of the
above nondiscrimination covenants, the City of Arlington shall have the right to terminate this
use agreement and to re-enter and repossess said land and facilities thereon, and hold the same
as if said use agreement had never been made or issued.
20. Hazardous Wastes - The permittee shall not permit dangerous wastes, hazardous wastes, or
extremely hazardous wastes as defined by RCW 70.105.010 et seg. to exist on the premises and
shall, at permittee's sole expense, undertake to comply with all rules, regulations, and policies of
the Washington State Department of Ecology and the United States Environmental Protection
Agency. Permittee shall promptly notify the City Fire Department of the existence of dangerous
wastes, hazardous wastes, or extremely hazardous wastes as required by state and federal
regulations.
Permittee shall comply with any provisions of the local hazardous waste plan as now in existence
or hereinafter enacted. Permittee shall comply with any requirements for hazardous waste
disposal as may be imposed by RCW 70.105B. 030 and the State Department of Ecology.
21. Venue - The venue of any suit which may be brought by either party under the terms of this
use agreement or growing out of the tenancy under this use agreement shall at the option of the
airport be in court or courts in Snohomish County, Washington.
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22. Public Policy - The City of Arlington reserves the right to suspend this land use agreement at
any time for legitimate public safety.
23. Obligations - The airport shall notify the permittee of any security, maintenance or other
requirements necessary to the safe and orderly conduct of the event prior to the event. The
permittee shall apply security, maintenance or other requirements during the event. Regarding
requests for airport service(s) only a principle officer of the permittee can request service(s) from
the city/airport. Once service(s) have been requested by the permittee from the city/airport the
permittee is required to pay for service(s). The airport shall provide a cost estimate and timeline
to complete the service(s). This estimate shall also include whether the city/airport can complete
the service(s) within the outlined time frame. In the event of only partial clean-up, teardown, site
restoration or application of agreed to services by the permittee, the city/airport shall apply the
current billing rate for city/airport services to remedy any of the above and bring the site back to
pre -event status. No intoxicating venues, beverages or drug usage shall be allowed on the
permittee event site.
Signature of Permittee's
Authorized Representative
David Ryan, Airport Director
Arlington Municipal Airport
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2.2
City Council Agenda Item
Meeting Date: 04/9/2024
CJTC Contract for Part Time Instructors
Staff Lead: Michelle Bennett
Department: Police Services
Preparer: Alexandra Ehlert
Background/History
The state training academy (CJTC) is opening up regional academies to assist agencies with staffing
issues. The main campus location in Burien can only handle so many students and classes at once which
has created a huge backlog of officers waiting to get in for the past several years. Snohomish County will
be getting a regional academy in the next year, as part of the prep to set that up CJTC has asked if
Edmonds Police Department will allow staff to work at that academy on a part time basis as long as CJTC
reimburses the agency for any pay for that employee.
Staff Recommendation
We are asking council to approve the contract for Mayor's signature. The contract was reviewed by legal
and approved to form on 3/29/24.
Narrative
<Type or insert text here>
Attachments:
WSCJTC-Edmonds PD IA DRAFT
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WASHINGTON STATE
' CRIMINAL JUSTICE TRAINING COMMISSION
Monica A. Alexander, Executive Director
19010 1 st Avenue South . Burien, WA 98148 • Phone: 206-835-7300 • www.cotc.wa.gov
INTERAGENCY AGREEMENT No.
This agreement, hereinafter referred to as the "Agreement", is made and entered into by and between
the Washington State Criminal Justice Training Commission, hereinafter referred to as the "WSCJTC",
and the Edmonds Police Department, hereinafter referred to as the "Agency".
Whereas the WSCJTC, pursuant to Chapter 43.101.RCW, is empowered to provide programs and
standards for the training of criminal justice personnel and in conjunction therewith may contract with
individuals and agencies for the purpose of training; and
Whereas the Agency has the ability to provide the part-time services of Agency personnel (hereinafter
referred to as "Instructors" for the purposes of administering Basic Training Academies, including the
Basic Law Enforcement Academy;
Now, therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto
mutually agree as follows:
1. Term
This Agreement shall commence on the 1st day of May, 2024 and terminate on the 30th day of
June, 2025, subject to prior termination as provided herein and unless as extended by written
mutual agreement of the parties hereto.
2. Part -Time Instructors
The Agency may provide to the WSCJTC the part-time services of on -duty and qualified Agency
personnel to provide academy instruction and instructional support. These part-time Instructors
must be approved by the WSCJTC Regional Academies Commander prior to instructing WSCJTC
courses. Assignments will be submitted to the WSCJTC Regional Academies Commander for
approval. Such services may include, but not be limited to:
• Being familiar with, and adhering to, the policies and procedures of the Basic Training Division
and the WSCJTC
• Coordinating with the Assistant Commander to ensure that all training materials and
equipment are available and ready for use and are in good working order
• Being familiar with the course lesson plan prior to instruction
• Participating in course briefing and debriefing
• Providing instruction and delivering written and practical exercises in assigned courses as
prescribed in the course lesson plan(s)
• Supporting and assisting with practical training exercises
• Tutoring/counseling academy attendees
• Proctoring recruit testing to ensure compliance with established expectations
• Evaluating recruit performance in accordance with established rubrics
• Maintaining accurate student attendance and performance records as required
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• Ensuring that all equipment used in the instruction are properly stored and/or cleaned upon
the completion of instruction and any damaged or dysfunctional equipment is reported to the
Assistant Commander, or their designee, as soon as possible after the training session
• Suggesting revisions to academy programs and curriculum in accordance with the policies and
procedures of the WSCJTC to ensure that all materials are current, relevant, and rigorous
a. Payment for Part -Time Instructors
WSCJTC will reimburse the Agency for the payment of part-time Instructors, which are the
Agency's employees. The hourly rate assigned to each instructor will be based on the WSCJTC
Contractor Pay Scale. WSCJTC will notify the Agency upon the approval of any revision to the
pay scale. WSCJTC shall pay said reimbursement amount upon submission by the Agency of an
invoice to WSCJTC.
The Agency will send detailed invoices to WSCJTC at the end of each month that include the
following:
• Instructor Name
• Subject taught
• Dates and hours worked
• Dollar amount
• Academy session number
3. Payment
Compensation for the work provided in accordance with this Agreement has been established
under the terms of RCW 39.34.130. All costs shall be reimbursed monthly, when applicable.
4. Billing Procedures
The Agency shall submit an invoice to WSCJTC at the end of each month in which services were
provided. WSCJTC shall pay the Agency for all approved and completed work by warrant or account
transfer within thirty (30) days of invoicing.
All invoices shall be submitted to:
Registered Mail:
WSCJTC
Attn: Basic Training Division
19010 1st Ave S
Burien, WA 98148
Electronic Mail:
basictraining@cjtc.wa.gov
5. Agreements Outside of This Agreement
This Agreement contains the complete agreement between the parties and shall, as of the effective
date hereof, supersede all agreements, either written or oral, between the parties. The parties
agree that neither of them has made any representations with respect to the subject matter of this
Agreement or any representations, including the executing and delivery hereof, except such
representations as are specifically set forth herein; and each of the parties hereto acknowledges
that it has relied on its own judgment in entering into this Agreement.
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6. Modification
No waiver or modification of this Agreement or any covenants, conditions, or limitations herein
contained shall be valid unless in writing and duly executed by the parties to be charged therewith;
and no evidence of any waiver or modification shall be offered or received in evidence of any
proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or
the rights or obligations of the parties herein under, unless such waiver or modification is in writing
duly executed as aforesaid; and the parties further agree that the provisions of this section may not
be waived except as herein set forth.
7. Termination of Agreement
This Agreement may be terminated without cause at any time by mutual agreement of the parties
hereto, or by either party after thirty -days (30) following the other party's receipt of a written
intent to terminate.
The parties retain the right to cancel this Agreement upon ten (10) days written notice to the other
party if either party fails to properly keep any of the provisions of this Agreement. In the event of
termination under this section, the Agency will be entitled to receive, to the date of such
termination on a pro rata basis, the compensation as set forth in section (2a) herein.
8. Health and Safety
To protect the health and safety of WSCJTC and students of the WSCJTC, Instructors employed by
the Agency understands the WSCJTC maintains control over its operations and agrees to submit to
directions and protocols put in place to carry out its mission, including submitting to infectious
disease testing when directed to do so by the WSCJTC. The Instructors must report the results to
WSCJTC's confidential appointee. The Instructors agree to follow the health and safety protocols
put in place by WSCJTC during scheduled academy sessions. Failure to abide by these requirements
may result in their release from WSCJTC's service and termination of the Agreement as set forth in
section (7).
9. Employment Obligations of Parties
The Agency agrees to pay to the Instructors the full salary and benefits, including all increases to
said salary and benefits, accruing to them as employees of the Agency during the period of their
services herein under. Additionally, the Agency agrees to extend to the Instructors all rights,
privileges, and benefits attendant to and resulting from their employment by the Agency, including
any and all promotional opportunities otherwise available to them.
10. Independent Capacity
The employees or agents of each party who are engaged in the performance of this Agreement
shall continue to be employees or agents of that party and shall not be considered for any purpose
to be employees or agents of the other party.
11. Mutual Indemnification/Hold Harmless
To the extent allowed by law, the Agency shall be responsible for and shall indemnify and hold
WSCJTC harmless for all claims resulting from the acts or omissions of the Agency and its officers,
officials and employees. To the extent allowed by law, WSCJTC shall be responsible for and shall
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April 3 2024 a
Page 4
indemnify and hold the Agency harmless for all claims resulting from the acts or omissions of
WSCJTC and its officers, officials and employees.
12. Medical/Health and Workers' Compensation Benefits
In the event of any injury to, or the illness or death of any employee of the Agency's while acting in
performance of this Agreement, the Agency agrees to extend to the instructor medical / health and
workers' compensation benefits and other compensation, to the same extent and in the same
manner as if such injury, illness, or death had occurred during work assignment in and for the
Agency.
13. Venue Stipulation
This Agreement shall be construed as having been made and delivered with the State of
Washington, and the laws of the State of Washington shall be applicable to its construction and
enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this
Agreement or any provision hereto shall be instituted in King County, Seattle, Washington.
14. Assignment
Each party to this Agreement stipulates that the Agreement is one for personal services and
accordingly neither party hereto may assign, sublet, or transfer any interest in this Agreement.
15. Compliance with Laws
The parties hereto agree to comply in carrying out the terms of this Agreement with all applicable
federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to,
the laws pertaining to civil rights and laws pertaining to the WSCJTC and the Agency, including
merit system rules.
16. Rights in Data
Material created from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act
of 1976 and shall be owned by WSCJTC, including but not limited to reports, documents, videos,
curricular material, exams or recordings. Such materials are subject to RCW 42.56, the Public
Records Act; the WSCJTC may disclose such documents in accordance with the PRA.
17. Notices
All notices given herein shall be in writing and shall be sent by registered mail to the parties at their
recognized business addresses.
18. Headings
The article headings contained in this Agreement are inserted solely as a matter of convenience
and for reference and in no way define, limit, or describe the scope or intent of the provisions of
this Agreement.
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April 3 2024Ai3fil 2, 2024N4afeh 27, 2024a
Page 5
IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below.
Washington State Criminal Justice Training Commission Edmonds Police Department, Washington
Monica Alexander, Date Michelle Bennett,
Executive Director Chief
Criminal Justice Training Commission Edmonds Police Department
19010 1st Avenue South 250 5t" Avenue North
Burien, Washington 98148 Edmonds, WA 98020
cc: Dave Miller, Regional Academies Commander, WSCJTC
Brian Elliott, Fiscal Manager, WSCJTC
Jerrell Wills, Deputy Director, WSCJTC
Tim Morgan, Assistant Commander of NW Regional Campus, WSCJTC
Date
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2.3
City Council Agenda Item
Meeting Date: 04/9/2024
Council Rules of Procedure Section 8
Staff Lead: Council President Olson
Department: City Council
Preparer: Beckie Peterson
Background/History
In 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as its
parliamentary authority for the conduct of City Council meetings. In December 2013, the Council passed
Resolution No. 1306 adopting a Code of Conduct and in June 2015, the Council approved a Code of
Ethics by motion. On January 25, 2021, the Council adopted a new Code of Conduct by motion.
Because Resolution No. 1295 is limited to parliamentary procedure in the context of Council meetings,
such rules do not address many other processes and procedures in the conduct of City business. It is
thought that a more comprehensive set of rules would provide greater understanding and transparency
about the roles, rights, and responsibilities of councilmembers and facilitate the orderly conduct of
business within the context of council meetings.
The draft rules of procedure address Council organization, duties of officers, agenda preparation,
meeting management, consent agenda, public testimony, decorum, motions, and other important areas.
The draft also includes Council's recent adoption of a Code of Conduct as Section 6; this was done to
consolidate all applicable rules into one document.
It is important to note that many provisions of these rules of procedure are already governed by other
codes, statutes, and rulings. Any provision that is footnoted with a citation to the Revised Code of
Washington (RCW), the Edmonds City Code (ECC), or other statute or ruling is included for ease of
reference only and is not intended to be adopted as a rule because it already constitutes governing law.
Provisions that are not footnoted with a citation to the RCW or ECC are adopted by City Council
resolution as the Council's procedural rules and may be amended at any time by subsequent resolution.
On April 6, 2021, the Council passed Resolution 1470, which established that the Council adopted its
own Code of Conduct separate from that which applies to the Mayor and members of City boards,
commissions, committees, and work groups. The proposed Rules of Procedure and the Code of Conduct
were presented and discussed on February 4, 2020, January 26, 2021, and April 6, 2021. For comparison
purposes, prior drafts of the rules of procedure are included in the online Council meeting packets of
February 4, 2020 and March 3, 2020.
On April 6, 2021, a motion was passed to table consideration of the draft Rules of Procedure for a period
of three weeks. The draft rules were scheduled on the June 1, 2021 council agenda, but consideration
was postponed due to lack of time.
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2.3
On August 3, 2021, the Council considered the draft rules, made amendments, and instructed the city
attorney to bring back additional language for potential amendments to various sections of the rules.
A new Section 7 entitled "Code of Ethics" has been added to incorporate the Code of Ethics adopted by
the City Council on June 2, 2015.
On February 13, 2024, the PSPHSP Committee considered the proposed rules for Section 3 - Agenda
Preparation and Section 8 - Public Testimony. There was consensus to approve both sections but to
include an amendment to Section 8 - Public Testimony which would allow an attendee to speak either
during audience comments or following the staff report on a specific agenda item. It is proposed that
this change apply to in -person attendees and to use a modified sign -in sheet to enable the chair to
facilitate public testimony during the meeting. (minutes attached)
On March 12, 2024 the PSPHSP Committee further considered the proposed rules for Section 8,
including organizations presenting to council during audience comment, equity concerns of limiting
comments during an agenda item to in person, and technical and logistical challenges. The committee
recommended bringing Section 8 back to a future PSPSHS meeting. (minutes attached)
Recommendation
Place approval of Council Rules of Procedure amended Section 8 - Public Testimony on next available
consent agenda.
Narrative
It is thought that approving the draft Rules of Procedure by Section, or in segments, would be the most
practical approach to accomplishing this 2024 goal. The draft includes 14 sections, as follows:
SECTION 1. AUTHORITY
SECTION 2. COUNCIL ORGANIZATION
SECTION 3. AGENDA PREPARATION - amended and approved 3/26/2024
SECTION 4. CONSENT AGENDA
SECTION 5. COUNCIL MEETINGS
SECTION 6. COUNCIL CONDUCT
SECTION 7. CODE OF ETHICS
SECTION 8. PUBLIC TESTIMONY - on PSPHSP agenda 4/9/2024
SECTION 9. MOTIONS
SECTION 10. ITEMS REQUIRING FOUR VOTES
SECTION 11. ITEMS REQUIRING A UNANIMOUS VOTE
SECTION 12. COUNCIL REPRESENTATION
SECTION 13. REIMBURSEMENT OF EXPENSES - on Finance committee agenda 4/9/2024
SECTION 14. SUSPENSION AND AMENDMENT OF RULES
Proposed Workplan for Adopting Council Rules of Procedure
Address the draft rules of procedure by section or segments, starting with the most
timely/highest priority section(s).
Focus on one segment each month:
a. City Clerk and Council staff review and indicate any recommended revisions.
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2.3
b. Council President review.
C. Place on agenda for review of Council Committee
d. If committee recommends segment for council approval on consent - place on a future
consent agenda for approval and implement that segment as adopted policy.
e. If committee recommends revisions or full council discussion - add to future council
business when agenda time allows.
Once all segments are approved, adopt a resolution with the comprehensive set of rules of procedures
as an attachment.
SECTION 8; PUBLIC TESTIMONY
Due to this year's extraordinary workload and the controversy that comes with proposing change and
the potential unintended consequences/ possible need to change back, the draft proposed for
consideration has been changed since the last committee meeting to reflect and document what Council
is currently doing (instead of proposing something new we may want to try). Future Councils may want
to edit the Rules of Procedure when workloads allow time for reflection on what they may like to
change.
The two committee members okayed that changed approach by email after the last committee meeting.
Two versions are attached; the markup of proposed Section 8 reflecting numerous additions, changes
and edits from previous committee meetings, now modified yet again to reflect and document what
Council is currently doing, and a clean version for clarity. Former Sections 8.213 and 8.4 have been
eliminated because they reflected proposed new procedure.
Attachments:
ROP Section 8 marked up
ROP Section 8 clean version 4.9.2024
pages from PSPHSP Committee Minutes February 13, 2024
pages from PSPHSP Committee Minutes March 12, 2024
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2.3.a
Section 8. Public Testimony.
8.1 Public Hearings:
Individuals will be allowed three minutes to sneak.
The Presiding Officer may allow additional time for receipt of written
testimony when needed.
The Clerk shall be the timekeeper.
Prior to closina the public hearina. the Presidina Officer shall inauire if
there are any additional speakers other than those that have signed up
and previously spoken, and if there are, they shall be allowed to testify.
8.2 Other Audience Comment at Regular Meetings
AS. Audience comments are offered at the beginning of regular meetings. This
is an opportunity for members of the public to sneak to anv topic not listed
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2.3.a
C. The procedures for the Public Hearing testimony in 8.1 A and C above are
generally followed for cif audience comment; 8.1 D is followed for
audience comment as time allows.
8.3 When large numbers of people are signed up to speak on the same topic, the
Presiding Officer may request that the group(s) select a limited number of
speakers to cover their view and then ask all those who agree with that position
to stand at the conclusion of each presentation.
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-
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8. Public testimony authorized in Section 8.2 and 8.3 may not include comments or
information on any quasi-judicial matter pending before the City Council, or on
any topic for which Council has closed the public record.
8. No person shall be allowed to address the Council while it is in session without
the recognition of the Presiding Officer.
8. It shall be unlawful for any person in the audience at a Council meeting to do any
of the following: Engage in disorderly, disruptive, disturbing, delaying or
boisterous conduct, such as, but not limited to, handclapping, stomping of feet,
whistling, making noise, use of profane language or obscene gestures, yelling or
similar demonstrations, which conduct substantially interrupts, delays, or disturbs
the peace and good order of the proceedings of the Council.'
8. Persons testifying shall identify themselves for the record as to name, City of
residence and any organization represented.
8. An instruction notice for speakers will be available at the meeting. Speakers will
be advised by the Presiding Officer that their testimony is being recorded.
1 Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013), Id., at 816
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2.3.a
8.9 Time cannot be donated by one speaker to another.
8.10 No person may use audience comment to promote or 0000se anv candidate for
public office. In election years, a campaign officially begins when a candidate
files their candidacy with the elections office and continues throuah the election.
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2.3.b
Section 8. Public Testimony.
8.1 Public Hearings.
A. Individuals will be allowed three minutes to speak.
B. The Presiding Officer may allow time for receipt of written testimony
when needed.
C. The Clerk Shall be the timekeeper.
D. Prior to closing the public hearing, the Presiding Officer shall inquire if
there are any additional speakers other than those that have signed up
and previously spoken, and if there are, they shall be allowed to testify.
8.2 Other Audience Comment at Regular Meetings
A. Audience comments are offered at the beginning of regular meetings.
This is an opportunity for members of the public to speak to any topic
not listed as a public hearing or closed record review.
B. A speaker sign-up form will be at the entry table.
C. The procedures for the Public Hearing testimony in 8.1A and C above
are generally followed for audience comment; 8.1 D is followed for
audience comment as time allows.
8.3 When large numbers of people are signed up to speak on the same topic, the
Presiding Officer may request that the group(s) select a limited number of
speakers to cover their view and then ask all those who agree with that position
to stand at the conclusion of each presentation.
8.4 Public testimony authorized in Section 8.1 and 8.2 may not include comments or
information on any quasi-judicial matter pending before the City Council, or on
any topic for which Council has closed the public record.
8.5 No person shall be allowed to address the Council while it is in session without
the recognition of the Presiding Officer.
8.6 It shall be unlawful for any person in the audience at a Council meeting to do any
of the following: Engage in disorderly, disruptive, disturbing, delaying or
boisterous conduct, such as, but not limited to, handclapping, stomping of feet,
whistling, making noise, use of profane language or obscene gestures, yelling or
similar demonstrations, which conduct substantially interrupts, delays, or disturbs
the peace and good order of the proceedings of the Council.'
8.7 Persons testifying shall identify themselves for the record as to name, City of
residence and any organization represented.
8.8 An instruction notice for speakers will be available at the meeting. Speakers will
Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013), Id., at 816
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2.3.b
be advised by the Presiding Officer that their testimony is being recorded.
8.9 Time cannot be donated by one speaker to another.
8.10 No person may use audience comment to promote or oppose any candidate for
public office. In election years, a campaign officially begins when a candidate files
their candidacy with the elections office and continues through the election.
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2.3.c
02/13/24 PSPHSP Committee Minutes, Page 3
I Committee recommendation: Consent aqenda I
6. Council Rules of Procedure
Councilmember Tibbott explained the intent is for various committees to review one procedure/month
for the next several months.
Mr. Passey explained best practices dictate rules beyond Roberts Rules of Order provide greater
understanding and transparency about the roles, rights and responsibilities of councilmembers and the
public and facilitate the orderly conduct of business at council meetings. The rules address many areas
including duties of officers, agenda preparation, meeting management, decorum, motions, etc. Sections
6, Council Conduct, and 7, Code of Ethics, have been previously approved and will be incorporated into
the final version of the Rules of Procedure.
Mr. Passey explained the council is already following most of the rules that will be proposed; this will be
an effort to memorialize current practices. For the rules that are already governed by other laws or
rulings, a citation is include for ease of reference. Once all the sections have been reviewed, a resolution
will be prepared adopting them all as one package. Council's Rules of Procedure may be amended at
any time by subsequent resolution.
Mr. Passey continued, today's discussion is regarding section 3, agenda preparation, and section 8,
public testimony. As proposed, section 8 includes a definition for disorderly conduct from a 9th Circuit
Court decision in 2013, Acosta v. City of Costa Mesa. If the council intends to enforce disorderly
conduct, he recommended including a definition in the council's rules. There have been numerous
reports and concerns in the region about hate speech expressed in public meetings; this proposed rule
will not prevent it from occurring in Edmonds, but will set up the council to respond in a responsible way
without risk of speech restrictions or viewpoint discrimination. With regard to enforcement, speaking
permission can be removed for virtual speakers and for in -person comments, the chair would have the
discretion to take action to address violations in real time.
Council input regarding Section 8 included:
• Section 8.2: limit public comment to 2 minutes when large numbers of people are signed up to
speak on the same topic
• Council is not required to publish public comments in the minutes
• Written instructions at podium regarding procedures for public comment
• Section 8.1: add opportunity for public comment on council business items after presentation,
especially if information in the packet was updated(Council President Olson provided proposed
language via email). Separate signup sheets would be provided for audience comment and for
agenda items
• Add language to revised language for section 8.1 that members of the public speaking during
audience comments or during an agenda item would still be allowed to speak during a public
hearing
Council input regarding section 3 included:
• Support two readings for ordinances
Questions and discussion followed regarding using the verbatim definition of disorderly conduct from
the court case in the council rules, pros and cons of having public comment during council business
items, allowing the public to make comment on agenda items during audience comments or during the
council business item, concern allowing comment during agenda items will not provide equitable access
to meetings, current ability for constituents to reach councilmembers in multiple ways to comment on
council business before the meeting as well as early in the agenda, and concern with he said/she said
statement/rebuttal discussion.
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2.3.c
02/13/24 PSPHSP Committee Minutes, Page 4
Committee recommendation: Full council I
7. Abandonment of a Dependent Person
Commander Hawley advised Items 7, 8 and 9 are city code updates adopting the RCW by reference;
the city attorney has reviewed all three. The RCW regarding abandonment of a dependent person has
existed since 2003. This amendment also strikes cyberstalking. The RCW changed and no longer
includes cyberstalking; a new cybercrime code section will be introduced in the future which includes
cyberstalking.
Committee recommendation: Consent agenda
8. Interfering with Health Care
Commander Hawley advised this exists in city code; the RCW has been updated so the city code also
needs to be updated to adopt the RCW allowing it to be charged in municipal court as well as add
definitions. This includes a non -chargeable RCW that covers legal picketing at healthcare facilities.
Questions and discussion followed regarding lawful (non -chargeable) versus unlawful picketing, and
the definition of lawful picketing.
Committee recommendation: Consent agenda
9. Possession of Another's ID
Commander Hawley explained this is to adopt the RCW regarding possession of another's
identification, a misdemeanor crime. Typically when someone is arrested for possession of another's
identification, they have other fraud related charges related to car prowling, purse theft, etc. Questions
and discussion followed regarding use of another's identification for fraud, working with the new
prosecutor to adopt criminal code into City's code, future code updates to adopt RCWs, inability to
charge crimes in municipal court unless the RCW is adopted in the City code, exception for family
members holding ID for a disabled family member, and whether enforcement has impacts on the
undocumented population.
Commander Hawley advised section 3 of the ordinances for Items 7, 8 and 9, should read, "This
ordinance, being an exerGise of a power speGif;Ga"„ delegated to administrative function of the City
Council legislative body, is not subject..." An updated version of the ordinance will be on the consent
agenda.
Councilmember Nand relayed she met with Snohomish County Councilmember Strom Peterson in
Olympia and requested a town hall regarding Snohomish County's purchase and conversion of
America's Best Value Inn on Highway 99 to bridge housing.
Committee recommendation: Consent agenda
3. ADJOURN
The meeting was adjourned at 4:59 p.m.
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2.3.d
3/12/24 PSPHSP Committee Minutes, Page 2
Commander Hawley explained this is related to adults committing crimes where a minor might be a
willing party, but due to their age, are not able to consent or are unable to possess something. The
amendment adopts RCWs by reference related to selling or giving tobacco to a minor and applying a
tattoo to a minor. The amendment also removes several RCWs that have been removed or merged
with other RCWs.
Committee recommendation: Consent Agenda
5. Council Rules of Procedure Sections 3 & 8
Councilmember Tibbott explained the council approved allowing public comment after the staff
presentation on an agenda topic; this amendment to the council rules of procedure will implement it.
Questions and discussion followed regarding the amount of time an organization is allowed to speak,
providing opportunity for organizations to make a presentation to council, concern with restrictions in
Section 8.4 related to allowing only one five-minute presentation/year, rewording Section 8.4, a
suggestion to limit comments during an agenda item to in -person, equity concerns with limiting
comments during an agenda item to in -person, technology issues with allowing virtual comments during
an agenda item, providing a disclaimer that virtual comments are allowed only during audience
comments, whether to allow public comment following staff's presentation during an agenda item, and
members of the public communicating with councilmembers during a meeting.
Committee recommendation: Section 3 on Consent Agenda, bring Section 8 back to next PSPHSP
meeting.
3. ADJOURN
The meeting was adjourned at 4:09 pm.
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