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2024-05-28 Council Packet
1 2. of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 MAY 28, 2024, 7:00 PM REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. TO ATTEND VIRTUALLY, CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 BY PHONE: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT 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 4 S. 6 7 APPROVAL OF THE AGENDA AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. IF USING A COMPUTER OR SMART PHONE, RAISE A VIRTUAL HAND TO BE RECOGNIZED. IF USING A DIAL - UP PHONE, PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. RECEIVED FOR FILING APPROVAL OF THE CONSENT AGENDA 1. Approval of Committee Meeting Minutes May 14, 2024 2. Approval of payroll and benefit checks, direct deposit and wire payments. 3. SN0911 ILA Updates 4. Approval of claim checks and wire payment. Edmonds City Council Agenda May 28, 2024 Page 1 5. Ordinance Changing the Date of Monthly Council Committee Meetings 8. COUNCIL BUSINESS 1. Confirmation of Municipal Judge Appointment (5 min) 2. Utility Bond Ordinance (5 min) 3. Options for City of Edmonds Fire/EMS Services (30 min) 4. Resolution for Pursuing Annexation into Regional Fire Authority (15 min) 9. COUNCIL COMMENTS 10. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda May 28, 2024 Page 2 7.1 City Council Agenda Item Meeting Date: 05/28/2024 Approval of Committee Meeting Minutes May 14, 2024 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative PPW and PSPHSP Committee meeting minutes are attached. The Finance Committee minutes were not available at the time of packet publication. Attachments: 2024-05-14 Council PPW Minutes 2024-05-14 Council PSPHSP Minutes Packet Pg. 3 7.1.a PARKS & PUBLIC WORKS COMMITTEE MEETING May 14, 2024 Elected Officials Present Staff Present Councilmember Susan Paine (Chair) Oscar Antillon, Public Works Director Councilmember Michelle Dotsch Rob English, City Engineer Council President Olson (ex-officio) Thom Sullivan, Facilities Manager Councilmember Jenna Nand Mike De Lilla, Senior Utilities Engineer Bertrand Hauss, Transportation Engineer Jeanie McConnell, Engineering Program Manager Brian Tuley, Information Services Manager Scott Passey, City Clerk CALL TO ORDER The Edmonds City Council PPW Committee meeting was called to order virtually and in the City Council Conference Room, 121 — 5t" Avenue North, Edmonds, at 1:31 pm by Councilmember Paine. 2. COMMITTEE BUSINESS 1. Amendment to the Fiber Consortium Interlocal Agreement Mr. Tuley explained this agreement has been in place almost 20 years. The City of Edmonds owns six fiber lines that run along Highway 99 into Seattle. This agreement allows the City of Seattle to maintain the fiber runs and distributes the cost across member agencies. The City of Edmonds received a request to update the ILA to add member organizations to the consortium. The City of Seattle proactively reroutes fiber due to construction and repairs fiber when necessary. The cost for the past 5 years has been approximately $1900/year, which is expected to decrease with the addition of more partners. Questions and discussion followed regarding difficulty reading the fee schedule due to poor quality of PDF, the $1900/year cost, location of the City's fiber in underground conduit, and the hub maintained at the Westin Hotel. Committee recommendation: Consent Agenda 2. Presentation to Award Construction Contract to Granite Construction Company for 2024 Overlay Program Mr. English reported bids were opened on April 25; 4 bids were received: JB Asphalt, Granite Construction, Lakeside Construction and Icon. JB Asphalt submitted the apparent low bid of approximately $1.46 million, but issues with their bid documentation rendered their bid non -responsive. Granite Construction submitted the low responsive bid in the amount of approximately $1.51 million. The engineer's estimate was approximately $1.64 million. The contract amount is $1.51 million, construction management and testing at 15% (approximately $226,000) and 10% management reserve for changes and unforeseen conditions. The overall construction budget is $1.88 million. Funding is provided by REET 125 and 126, Water Utility Fund ($289,000), Storm ($119,000) and Sewer ($25,000). An additional $50,000 is needed from each REET fund which will be approved via an upcoming budget amendment. Mr. Antillon pointed out although the budget for the preservation program is $1.8 million, the projected annual amount to maintain roads conditions is $2.8 million. Packet Pg. 4 7.1.a 05/14/24 PPW Committee Minutes, Page 2 Questions and discussion followed regarding the City's experience with Granite Construction, appreciation for funding the annual overlay program, last year's increase in Transportation Benefit District (TBD) fee and ability to increase the fee again in two years, use of TBD funds, process for approving the additional funds via a budget amendment, and a suggestion to reference the budget amendment in the agenda memo. Committee recommendation: Consent Agenda 3. Presentation to Award Construction Contract for the 2024 Utility Replacement Protect Mr. English reported this is part of the annual replacement program for utilities. The work was combined into one project this year. Bids were opened April 23, 2024; Shoreline Construction submitted the low responsive bid of $4,873,000, significantly lower than the engineer's estimate. The other bids were $6 million and $6.1 million. The project includes water main replacement and CIPP replacement for sewer and storm systems. A map of the locations is included in the agenda packet. The contract award amount is $4.873 million, 15% construction management, and 15% management reserve for a total of approximately $6.3 million. Funding is provided by the Water Fund ($2.8M), Storm ($1.1 M) and Sewer ($2.4M). Questions and discussion followed regarding the City's positive experience with Shoreline Construction in the past, and reasons Shoreline Construction's bid was lower. Committee recommendation: Consent Agenda. 4. Presentation of PSA with Consultant, Rock Project Management Services LLC (ROCK), for Capital Projects Construction Management, Engineering & Inspection Services Mr. English explained the City issued an RFQ in January 2024 for construction management, engineering and inspection services. Four engineering firms responded, ROCK was selected based on their qualifications and experience. This contract will support the contract in the previous agenda item, the utility replacement project. With such a large project, there is the potential the contractors may use two construction crews and the City does not have the inhouse capacity to handle the inspection and contract administration. The contract is a 1.5 FTE effort which will primarily support the City's field inspection. The total contract amount is $454,000 which includes a management reserve. This is the first time the City has worked with ROCK; there was a lot of positive feedback from staff related to their presentation. Questions and discussion followed regarding ROCK's rates, process for selecting architectural and engineering services based on qualifications and experience versus construction contracts for which the City is required to select the lowest bid, Headlight inspection software license, reasons for using a consultant instead of hiring additional inhouse inspectors, how ROCK was selected, 2-year contracts with a biennial budget, and funding for this contract and staff time by the 15% in the previous contract. Committee recommendation: Consent Agenda 5. Presentation of Supplemental PSA with Herrera for the Storm and Surface Water Comprehensive Plan Mr. English advised the scope of work and agreement in the packet related to phase 2 covers, 1) gaps analysis and needs assessment on the stormwater utility system which looks at operations and maintenance, asset management, reviewing private stormwater development and preparing a Packet Pg. 5 7.1.a 05/14/24 PPW Committee Minutes, Page 3 compliance schedule for the next permit phase 2024-2029, 2) developing policies using the nine goals presented in the presentation to council in January, 3) community engagement once the draft plan is developed, 4) developing and prioritizing a capital improvement project list, 5) financial analysis looking at existing rates, and 6) preparing the storm and surface water comprehensive plan. An added task will be to develop a storm and surface water guide which will be available on the City's website to help educate citizens and business owners about what the stormwater utility system provides and answer FAQ. The contract amount of $312,000 includes a $20,000 contingency and is funded by the Stormwater Utility. Questions and discussion followed regarding support for developing a storm and surface water guide, providing committee members a link to Bellevue's storm and surface water guide, having a long term capital plan and funding strategy, staff effort required to apply for grants, converting to electronic metering (water), inspections of pipes and detention systems, new NPDES permit potentially increasing inspection requirements, stormwater management action plan, outreach at the summer market, and possibly having a table at next week's comprehensive plan event. Committee recommendation: Consent Agenda, include information regarding public engagement under Request for Filing, and presentation to council later this year 6. Presentation of Highway 99 Stages 3 & 4 Overhead Utility Line Conversion Mr. Hauss reviewed: Introduction o Project limits ■ Stage 3: 244th to -400' north 238th ■ Stage 4: 224th to -1,000 ` forth of 220th o Scope of work ■ Sidewalks ■ Separated bike lanes ■ Landscape buffers ■ Stormwater treatment ■ Street/pedestrian light poles ■ Capacity improvements at signalized intersections (238th and 220th) Packet Pg. 6 7.1.a 05/14/24 PPW Committee Minutes, Page 4 ■ SR-104 Interchange Active Transportation Safety Improvements ■ Art opportunities ■ Distinct districts ■ Possible conversion overhead lines to underground utilities - Comcast, PUD, Ziply and Wave • Stage 3 Existing Conditions o Photographs of existing conditions @: ■ Highway 99 @ 24411 St SW ■ 244th St. SW to 240th SW, north of SR-104 ■ Highway 99 @ 24Oth St SW ■ 24Oth St SW to 238th St SW ■ Highway 99 @ 238' St SW intersection • Stage 3 Scope of Work o Length of utility underground conversion along Highway 99 ■ -850' on west side of Highway 99 ■ -350' on east side of Highway 99 o Eliminate four existing aerial utility wire crossings on Highway 99 (high voltage aerial utility crossing on north side of 244th St. cannot be underground) o No overhead utility lines from 244th St SW to 150' north of 24Oth St SW (on both sides of corridor) o Improves safety by removing existing utility poles from clear zone on Highway 99 • Stage 4 Existing Conditions o Photographs of existing conditions @ ■ Highway 99 @ 22411 St W ■ 224th St SW and 22Oth St SW ■ Highway 99 @ 22Oth St SW ■ North of 220th St SW • Stage 4 Scope of Work o Length of utility underground conversion along Highway 99 ■-2,400' on west side of Highway 99 ■-1,450' on east side of Highway 99 o Eliminate five existing aerial utility wire crossings on Highway 99 (high voltage aerial crossing at 220th St cannot be underground) o Improves safety by removing existing utility poles from clear zone on Highway 99 • Photograph of Joint Utility Trench - 76th/212th project • Photograph of Vault construction - 761h/212th project • Sample plan sheet - project currently at 30% design Utilitv Underground Conversion Nreliminary Cost tsti TOTAL COST $6,756,000 • Comcast $708,000 • Wave $225,000 • City $5,823,000 o includes credit from PUD cost for aerial relocation cost TOTAL COST $10,024,000 • Comcast $1,031,000 • Wave $694,000 • City $9,299,000 o includes credit from PUD cost for aerial relocation cost • Stage 3 Funding hates Packet Pg. 7 7.1.a 05/14/24 PPW Committee Minutes, Page 5 Milestones and Schedule Milestones and Schedule � OEM- -lam I Preliminary Design Final Design Environmental WE ARE MERE I Right of Way Construction ' Public Involvement Preliminary Design Final Design Environmental Right of Way � Construction Public Involvement Mr. English explained WSDOT initially advised Move Ahead Washington and Connecting Washington funds could be used for ungrounding costs; a week later WSDOT informed the City that further investigation was needed. Staff had hoped to advise as part of the presentation that the state would pay for undergrounding and to recommend incorporating it in stage 3; a presentation to council will be delayed until a definitive answer is provided by WSDOT. Questions and discussion followed regarding relocating poles to accommodate bike lanes and widening, requirement for providers to move their poles and aerial lines out of the project limits, who funds utility undergrounding conversion, pros and cons of having lines undergrounded, opportunity that removal of aerial wires provides for planting trees, other cities that have undergrounded utilities, negotiation of franchise agreements, transformer repairs due to windstorms, and public safety benefits of undergrounding. Committee recommendation: Presentation to Council once have answer about use of state funds for utility undergrounding 10. Public Pedestrian Easement along 76th Ave W adjacent to 22224 76th Ave W Packet Pg. 8 7.1.a 05/14/24 PPW Committee Minutes, Page 6 Discussion included constraints due to the proximity of an existing driveway. Committee recommendation: Consent Agenda 8. Job Order Contractinq - Proposal and Agreement Extension Mr. Sullivan reported the City has been utilizing the JOC program since 2021 and are ready to exercise a one-year year extension with the three prime contractors. After consulting with the city attorney, the professional services agreement with Gordian, the JOC administrator, is still valid as it is a not to exceed amount and not a time limit. He proposed extending the JOC contract with Saybr Contractors, Centennial Contractors Enterprises Inc., and Forma Construction for one year with the agreed upon terms already in place. The contract extension is from May 24, 2024 to May, 23, 2025 at which time the City will consider whether to put the prime contractors out to bid or continue with the same JOC contractors. The City has had good experience with the contractors and they have been very responsive. He recommend approval of the one-year extension for the three contractors and for Gordian to continue as the JOC administrator. Committee recommendation: Consent Agenda 7. Job Order Contracting - Program Report Committee recommendation: Schedule at future committee meeting 9. 2023 Transportation Benefit District Report Mr. Antillon reported the projected revenue is similar to the past 10 years;, revenue in 2022 was $693,000 and $685,000 in 2023. The City began receiving revenue from the increase in the TBD licensing fee in March 2024; revenue in March 2023 was $50,000 compared to $73,000 in March 2024; April 2023 revenue was $60,000 compared to $96,000 in April 2024. He anticipated the TBD will generate approximately $1 M in 2024 versus $685,000 in 2023. The TBD report for 2023 is included in the packet. Committee recommendation: Received for Filing 11. Main St Overlay Project Mr. Antillon referred to a Seattle Times article regarding accidents and designing for pedestrians and bicycles. Committee recommendation: Schedule at future committee meeting Committee members identified the following future agenda items: • Update on WWTP • ADA Transition Plan 3. ADJOURNMENT The meeting was adjourned at 3:26 pm. Packet Pg. 9 7.1.b PUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL COMMITTEE MEETING May 14, 2024 Elected Officials Present Councilmember Neil Tibbott (Chair) Councilmember Chris Eck Council President Vivian Olson(ex-officio) Councilmember Susan Paine Councilmember Jenna Nand CALL TO ORDER Staff Present Michelle Bennett, Police Chief Shane Hawley, Police Commander Rod Sniffen, Assistant Police Chief Jessica Neill Hoyson, HR Director Emily Wagener, Human Resources Analyst Scott Passey, City Clerk Guests Present Bill Sturgeon, Fitch & Associates Bruce Moeller, Fitch & Associates The Edmonds City Council PSPHSP Committee meeting was called to order virtually and in the City Council Conference Room, 121 — 5' Avenue North, Edmonds, at 3:30 pm by Councilmember Tibbott. 2. COMMITTEE BUSINESS 1. Amending ECC 5.24.010 - Firearms and Dangerous Weapons Councilmember Tibbott requested future agenda memos include a narrative. Commander Hawley relayed this amendment adopts four state firearm ordinances into the City code, allowing them to be charged in the municipal court as misdemeanor crimes related to possessing dangerous weapons at voting facilities, open carry of firearms on state capitol grounds and municipal buildings, unsafe storage of firearms, and large capacity magazines. Questions and discussion followed regarding support for the amendments, and current ability to enforce and charge in district court. Committee recommendation: Consent Agenda 2. SN0911 ILA Updates Assistant Chief Sniffen explained jurisdictions stated the ILA was unfairly balanced because the formula used to determine who has voting members on the caucuses (board) is done by population. When populations were revisited, it moved Lake Stevens into a caucus and moved Lynnwood out of a caucus; there is no impact to the City of Edmonds or who serves on the board (currently AC Sniffen and Councilmember Nand). The change to the ILA requires approval by the member jurisdictions. Councilmember Nand briefly commented on the operation of SN0911 Board. Committee recommendation: Consent Agenda 3. 2024 Wage Corrections for Chief of Police and Assistant Chiefs Ms. Neill Hoyson explained in 2022 the council approved a separate wage schedule for police command staff (consisting of commanders, assistant chiefs and chief at that time; command staff is now only Packet Pg. 10 7.1.b 05/14/24 PSPHSP Committee Minutes, Page 2 assistant chiefs and chief as commanders are a represented group and are bargaining their contract) with the intent to create a differential between the sergeants to address the issue of compression when wages increase for union members. When the schedule was created, a delay in approval of the contract was not anticipated which resulted in command staff not receiving their wage increases on January 1 at the same time as other non -represented employees.. Because the command staff is not a bargaining unit, they legally cannot be provided retroactive pay. The way to address the intent of what council approved is to increase the wage adjustment over the remainder of the year to address the amount missed during the delay in approval of the contract. She recommended council approve the additional wage adjustment for the assistant chiefs and chief to provide the funds lost during the first three months of the year, a total of $21,000 which is currently unbudgeted. Questions and discussion followed regarding the funds not being budgeted, the police department currently underbudget, the budget did not consider that settlement of represented commissioned group would impact wages of command staff, $3M in the budget that assumes vacant positions, a suggestion to identify the funding source in the agenda memo when this is on the Consent Agenda, and how this will be addressed in the future. Committee recommendation: Consent Agenda 4. Fleet Mechanic Job Description Revision Ms. Wagener explained the title was updated to match what was agreed upon during the most recent bargaining cycle. Minimum qualifications were updated to include CDL certification and air brake repair and air condition certification and the time to obtain those certifications was changed from 6 months to 12 months to be consistent with similar jobs within the City. The authorized Emissions Specialist Certificate and ASE Certificate within six months of hire was removed as it is no longer required by the state. Questions and discussion followed regarding whether the position has been filled and support for updating the job description to be consistent with other positions. Committee recommendation: Consent Agenda 5. Options for City of Edmonds Fire/EMS Services Councilmember Tibbott explained this agenda item includes a resolution expressing the PSPHSP's recommendation to authorize the mayor to pursue a preferred option and begin gathering information and identifying a process. The intent is not to obligate the City to any particular option at this point and not to discontinue further public dialogue and input or state that the study of this issue is complete. The intent is to start a transparent public discussion among councilmembers regarding this resolution. This is an opportunity to discuss the Fitch report, ask questions and make observations. The committee expects to continue this discussion with full council in order to make decision. The committee will recommend a preferred option in the resolution and the resolution will go to full council where there will be opportunity to deliberate on the preferred alternative. The issue of fire service has been discussed by council for over 10 months and the council is now beginning to collaborate and consolidate that information into a decision making process. Bruce Moeller, PhD, Fitch & Associates, responded to a council question regarding the cost of the RFA compared to the annual cost of establishing an Edmonds Fire Department • Annual estimated cost of an Edmonds Fire Department would be $19.2M with annual operations and personnel cost of $18M, debt service of $2.2M offset with revenue from ambulance transport. Packet Pg. 11 7.1.b 05/14/24 PSPHSP Committee Minutes, Page 3 Assumptions regarding costs reflect: o Bulk of cost (70-85%) is personnel. Fitch report identified need for 56 personnel, 51 operational personnel (in the firehouses working shifts) and 5 administrative. o Used average wages/benefits SCF RFA is providing today. With nationwide challenges with recruitment and retention, it will be difficult to hire personnel unless the City offers wage and benefits competitive with surrounding communities. o Retained same levels of service. Dr. Moeller and Mr. Sturgeon responded to council questions and discussion followed regarding the function of five administrative staff, additional City administrative staff (finance, HR and mechanic) that would be required with an in-house fire department, depth provided by the RFA related to hazmat and technical rescue, determining actual dates for timelines, scarcity of qualified applicants, timeline to purchase fire and aid apparatus, average time to fill a firefighter position, sending a resolution to SCF with the required RCW language if the recommendation is to join the RFA, assessed value calculations and impact of a benefit charge, levy amount for establishing an in-house fire department versus joining the RFA, hiring firefighters/paramedics versus paramedics, unit hour utilization factor in determining when staff needs to be added, and decision points in determining when to add staff or equipment. Councilmember Tibbott read the resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, STATING THE DESIRE TO PURSUE THE MOST PROMISING OF THE FIRE SERVICE ALTERNATIVES AND AUTHORIZING THE MAYOR TO PURSUE NEXT STEPS REGARDING THIS ALTERNATIVE. WHEREAS, on December 19, 2023 South County Fire provided notice to City of Edmonds of its intent to exercise its right under the contract terms to cancel the contract in two years' time; and WHEREAS, the Council hired Fitch and Associates to conduct an unbiased and objective analysis of the options available to the City with a vote approving the action on November 30, 2023; and WHEREAS, Fitch and Associates collected data, spoke to stakeholders, and conducted data analysis related to such options, and presented to Council on April 16, 2024; and WHEREAS, the related final report was in the May 7, 2024 council packet and input on our options was solicited from the public at this meeting; and WHEREAS, Council discussed the Fitch report and the topic of the future of Edmonds fire service at the council meeting with South County Fire and Rescue on March 26, 2024, with Fitch and Associates on April 16, 2024, with the South County Fire Board of Commissioners on April 23, 2024, and at the PSPHSP Committee meeting on May 14, 2024; NOW THEREFORE BE IT RESOLVED 1. That the City Council of Edmonds Washington selects as the preferred alternative for future Fire and Emergency Medical Services, and authorizes the Mayor to pursue next steps toward that end; and 2. The Council and public receive periodic updates on the work and the details of any transition as the steps happen and as details become known. Councilmember Tibbott asked Mr. Sturgeon to offer his opinion on which of the three options would be best related to continuity of service as well as an ongoing long term solution. Mr. Sturgeon answered SCF is a well -managed, excellent fire department providing service to the City. They have the capacities and depth to do planning, procurement, logistics, etc. that would require a lot of time; time is of the essence although he did not believe SCF would leave the City high and dry; and SCF runs a lean model with cross staffing at two stations. He recommended the City annex into the SCF RFA. Committee members relayed factors considered in making a recommendation to select annexation into the SCF RFA as a preferred alternative including Fitch's unbiased report, the City's budget situation, cost to the community, services the City is already receiving from SCF, time required to fill positions Packet Pg. 12 05/14/24 PSPHSP Committee Minutes, Page 4 7.1.b and purchase trucks and equipment, keeping the community safe, economies of scale, SCF high level of skill in a variety of areas, SCF's long range planning which is important for growth, cooperative agreements SCF has in place with surrounding municipalities, and funding mechanism to operate fire service. Committee recommendation: Full council with the addition of annexation into the SCF RFA as the preferred alternative in the resolution 6. Ordinance Amending ECC 5.05 to Ban the Deliberate Breeding and Sale of Companion Animals Councilmember Nand explained the reason she was interested in adding this legislation to the City's code is the state regulation related to the prevention of cruelty to animals allows up to 50 animals on a property with intact sexual organs for the purposes of breeding as long as each animal is caged in a space that is large enough to stand and move around (RCW 16.52.310), a situation often referred to as a puppy mill. Information provided by the City's animal control officer indicated there is less of a problem with breeding occurring in Edmonds because property is expensive. However, residents are targets for animals produced by puppy mills. She relayed a Snohomish County councilmember's interest in proposing legislation Edmonds passes related to banning backyard breeding and sale of animals at the Snohomish County level. The narrative in the agenda memo outlines pros and cons such as the significant amount the City pays to its contacted shelter related to unwanted companion animals that end up in the City's custody. Everett and Bothell have attempted to address breeding activity and the sale of animals with similar restrictions. Questions and discussion followed regarding the level of the problem in Edmonds, reducing the cost paid to the animal shelter, whether this amendment would prohibit responsible breeders, whether there are backyard breeders in Edmonds, Councilmember Nand's experience rescuing her rabbits from a breeder, deceptive practices by breeders, option 1 (ban the deliberate breeding and sale of companion animals for profit) versus option 2 (restrict the deliberate breeding and sale of companion animals for profit), preventing inhumane treatment of animals, accidental litters, civil penalty for violations, concern with creating laws that penalize people with good intentions, cruelty in deliberate breeding, adopting other animal welfare laws such as prohibiting cat declawing, addressing abuse and neglect while considering a ban or restriction, and concern with staff required for option 2. Committee recommendation: Full council 3. ADJOURN The meeting was adjourned at 5:20 pm. Packet Pg. 13 7.2 City Council Agenda Item Meeting Date: 05/28/2024 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Lori Palmer Background/History Approval of payroll checks #66019 through #66022 dated May 20, 2024 for $6314.63, direct deposit for $1,005,334.38, benefit checks #66023 through #66029 and wire payments for $926,872.97 for the pay period of May 1, 2024 through May 15, 20024. Staff Recommendation Approval of payroll and benefit checks, direct deposit and wire payments. 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 payments. Attachments: 05-01-2024 to 05-15-2024 benefit checks summary 05-01-2024 to 05-15-2024 payroll earnings Packet Pg. 14 7.2.a Benefit Checks Summary Report City of Edmonds Pay Period: 1,148 - 05/01/2024 to 05/15/2024 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 66023 05/20/2024 bpas BPAS 8,188.68 0.00 66024 05/20/2024 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 66025 05/20/2024 epoa2 EPOA-POLICE 9,180.00 0.00 66026 05/20/2024 epoa3 EPOA-POLICE SUPPORT 2,400.00 0.00 66027 05/20/2024 icma MISSIONSQUARE PLAN SERVICES 6,315.51 0.00 66028 05/20/2024 flex NAVIA BENEFIT SOLUTIONS 5,224.68 0.00 66029 05/20/2024 teams TEAMSTERS LOCAL 763 6,829.00 0.00 38,312.87 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3678 05/20/2024 awc AWC 449,258.03 0.00 3682 05/20/2024 us US BANK 218,789.26 0.00 3683 05/20/2024 mebt WTRISC FBO #N3177B1 170,341.33 0.00 3684 05/20/2024 pb NATIONWIDE RETIREMENT SOLUTION 6,712.59 0.00 3686 05/20/2024 wadc WASHINGTON STATE TREASURER 43,154.39 0.00 3688 05/20/2024 oe OFFICE OF SUPPORT ENFORCEMENT 304.50 0.00 888, 560.10 0.00 Grand Totals: 926,872.97 0.00 5/17/2024 Packet Pg. 15 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,148 (05/01/2024 to 05/15/2024) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 30.50 0.00 112 ABSENT NO PAY NON HIRED 136.00 0.00 118 ABSENT UNPAID L & 1 88.00 0.00 121 SICK SICK LEAVE 628.25 30,716.91 122 VACATION VACATION 1,292.75 68,533.88 123 HOLIDAY HOLIDAY HOURS 142.50 7,232.53 124 HOLIDAY FLOATER HOLIDAY 8.00 415.91 125 COMP HOURS COMPENSATORY TIME 126.50 7,052.70 128 HOLIDAY Holiday Bank WWTP 21.00 962.51 129 SICK Police Sick Leave L & 1 13.00 763.51 131 MILITARY MILITARY LEAVE 75.00 3,232.68 135 SICK WASHINGTON STATE SICK LEAVE 16.50 383.57 141 BEREAVEMENT BEREAVEMENT 9.00 392.87 155 COMP HOURS COMPTIME AUTO PAY 117.26 7,702.01 157 SICK SICK LEAVE PAYOFF 400.00 39,141.92 158 VACATION VACATION PAYOFF 357.33 34,966.46 160 VACATION MANAGEMENT LEAVE 119.00 10,026.63 190 REGULAR HOURS REGULAR HOURS 20,245.00 1,065,292.35 194 SICK Emerqency Sick Leave 27.00 1,261.85 195 REGULAR HOURS ADMINISTRATIVE LEAVE 64.00 6,167.82 196 REGULAR HOURS LIGHT DUTY 106.50 6,148.97 210 OVERTIME HOURS OVERTIME -STRAIGHT 24.00 1,059.89 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,342.63 216 MISCELLANEOUS STANDBY TREATMENT PLANT 4.00 505.97 220 OVERTIME HOURS OVERTIME 1.5 566.75 55,393.85 225 OVERTIME HOURS OVERTIME -DOUBLE 41.50 4,385.14 400 MISCELLANEOUS MISC PAY 0.00 2,000.01 407 MISCELLANEOUS Severence Pay 0.00 84,807.50 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 723.96 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,880.24 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 1,220.95 602 COMP HOURS ACCRUED COMP 1.0 98.50 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 100.00 0.00 606 COMP HOURS ACCRUED COMP 2.0 3.00 0.00 05/17/2024 Packet Pg. 16 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,148 (05101/2024 to 05/15/2024) Hour Type Hour Class Description Hours Amount 900 VACATION ACCRUED VACATION -0.16 0.00 902 MISCELLANEOUS BOOT ALLOWANCE 0.00 138.26 acc MISCELLANEOUS ACCREDITATION PAY 0.00 356.67 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 255.71 anc REGULAR HOURS Ancilary Duty Pay 0.00 98.77 anc2 REGULAR HOURS Ancilary Duty Pay 0.00 1,725.66 anc3 REGULAR HOURS Ancilary Duty Pay 0.00 1,567.74 boc MISCELLANEOUS BOC II Certification 0.00 237.66 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 226.78 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 118.83 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 360.00 det4 MISCELLANEOUS Detective 4% 0.00 1,301.62 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 1,051.58 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 849.10 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 12,638.56 fmla ABSENT FAMILY MEDICAL/NON PAID 9.00 0.00 k9 MISCELLANEOUS K-9 Assiqnment 0.00 414.20 Ian MISCELLANEOUS LANGUAGE PAY 0.00 450.00 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,185.98 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,325.47 Ig12 LONGEVITY Lonqevity 9% 0.00 1,619.24 Ig13 LONGEVITY Longevity 7% 0.00 1,518.56 Ig14 LONGEVITY Longevity 5% 0.00 1,158.46 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 166.92 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 289.83 Iq4 LONGEVITY Longevity 1% 0.00 1,195.60 Iq5 LONGEVITY Longevity 3% 0.00 3,267.97 Iq7 LONGEVITY Longevity 1.5% 0.00 645.80 mela ABSENT Medical Leave Absent (unpaid) 3.00 0.00 pfmh HOLIDAY Paid Family Medical Holiday 9.00 531.51 pfmp ABSENT Paid Family Medical Unpaid/Sup 82.25 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 11.00 531.68 pfmv VACATION Paid Family Medical Vacation 23.75 1,296.65 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,588.84 05/17/2024 Packet Pg. 17 Hour Type Hour Class St REGULAR HOURS str MISCELLANEOUS tac MISCELLANEOUS to MISCELLANEOUS traf MISCELLANEOUS trafm MISCELLANEOUS Payroll Earnings Summary Report City of Edmonds Pay Period: 1,148 (05/01/2024 to 05/15/2024) Description Hours Amount Serqeant Pay 0.00 246.44 PSET Serqeant 0.00 246.44 TAC Officer 0.00 207.10 Traininq Officer 0.00 207.10 Traffic Officer - Car 0.00 414.20 Traffic MotorcvIe 0.00 207.10 25,046.68 $1,487,357.25 Total Net Pay: $1,011,649.01 7.2.b 05/17/2024 Packet Pg. 18 7.3 City Council Agenda Item Meeting Date: 05/28/2024 SNO911 ILA Updates Staff Lead: Chief Michelle Bennett Department: Police Services Preparer: Alexandra Ehlert Background/History Changes have been made to the SNO911 contract administratively, primarily dealing with how board members are selected. There is no impact to Edmonds due to these changes. Staff Recommendation Please approve the contract on the consent agenda for the Mayor to sign. It was approved in committee to go to consent. Narrative <Type or insert text here> Attachments: SNO911-I1-A-Changes-Notification 20240429 Packet Pg. 19 7.3.a COUNTY ACTION REQUESTED for Proposed 911 Amendments to the SN0911 Interlocal Agreement Date: April 29, 2024 To: Principals of Snohomish County 911 From: Terry Peterson, Deputy Director/Board Secretary RE: Legislative Action Requested — Updated Interlocal Agreement Q. a J Enclosed are proposed amendments to the Snohomish County 911 (SN0911) Interlocal Agreement rn (ILA). The SN0911 Board has reviewed a draft of the changes and are requesting your approval by Z May 31, 2024. The type of amendments being made require every SN0911 Principal Member to S approve through their legislative body. a; The recommended changes are focused in Exhibit A — Process for Selecting Governing Board Members and Alternates. The existing ILA divides the 10 Police Agency Board Seats by simple population. The SN0911 Board is recommending this be modified to more closely follow the assessment formula, by dividing the Police Board Seats by pro rata share of the Admin/Technology Cost Center; which is essentially a reflection of the core components of the SN0911 Assessment Formula. The Assessment Formula allocates costs by formulaically using 54% on Calls For Service (Activity), 23% on jurisdiction population, and 23%jurisdiction assessed value. The SN0911 Board believes this change is a better representation of members size, usage, and participation on the Agency. The second recommend change is the elimination of the single non -voting board seat. This was designed to provide a non -voting board seat for single -service providers (an agency who provides only fire or police, but not both) or an associate member (an agency who contracts both police and fire services to another provider(s)). The experience since SN0911 went into live operations in 2017 is that this seat has only been filled approximately half of the time and often the representative does not actively participate. All members are welcome to attend and participate in any SN0911 Board Meeting or Committee without this additional designation. Finally, there are two additional non -substantive additional changes, [Exhibit A, Step 3, viii]: more closely aligns with how caucus voting has been managed post -pandemic where caucusing has been done remotely. [Exhibit B]: Eliminates the term "Wireless Technology" which is no longer a department at SN0911 and is fully merged within the Technology department. A copy of the updated ILA, with red -lined revisions, is attached to this memo. Action is requested by your legislative body to approve the changes by May 31, 2024. If you would like to provide comment to the Board we welcome your participation. This item is on Packet Pg. 20 7.3.a the agenda for discussion at the Regular Board Meeting May 16, 2024 at 0830 via the Zoom link below. The SNO911 Board Meets Monthly on the third -Thursday of the month at 0830. Meeting notice and details are posted on our website at www.sno9ll.org. https://us02web.zoom.us/i/86000466014?pwd=YWxBbE9HMIJuT2ZXMmtYVUBrSnBkUT09 If your agency has any comments or questions regarding the proposed amendments, you can reach me at tpeterson@sno911.org or (425) 615-0714. Informational Timeline: as April 181": SNO911 Board approves ILA changes for consideration by all principal legislative CL bodies and notice is sent electronically. J May 16t": Principal Member Agencies have opportunity to discuss at regular SNO911 Board Meeting. Principals may attend in person or email inquiries to SNO911 Secretary. O z May 3111: Principals deadline for Approval/Rejection of changes Cn Cn June 20t": SNO911 Board to consider ratification of ILA changes Packet Pg. 21 7.3.a AMENDED AND RESTATED SNOHOMISH COUNTY REGIONAL PUBLIC SAFETY COMMUNICATIONS AGENCY INTERLOCAL AGREEMENT J r r Q1 0 Z REVISED AUGUST 2, 2018; SEPTEMBER 19, 2019; NOVEMBER 21, 2019; cn AUGUST 20, 2020; APRIL 21, 2022, XXX XX, 2024 Packet Pg. 22 7.3.a TABLE OF CONTENTS RECITALS.......................................................................................................................................... 1 SECTION 1. CREATION OF SNOHOMISH COUNTY 911; MERGER ........................................ 3 SECTION 2. TERM OF AGREEMENT............................................................................................ 5 SECTION3. DEFINITIONS.............................................................................................................. 5 SECTION 4. SNOHOMISH COUNTY 911 SERVICES................................................................ 11 SECTION 5. SNOHOMISH COUNTY 911 POWERS................................................................... 12 SECTION 6. GOVERNING BOARD: COMPOSITION AND OPERATION ............................... 14 SECTION 7. TECHNICAL ADVISORY COMMITTEES 19 SECTION 8. ANNUAL AGENCY REPORT.................................................................................. 21 SECTION 9. EXECUTIVE DIRECTOR......................................................................................... 22 a SECTION 10. PERSONNEL POLICY 23 J SECTION 11. OPERATIONAL POLICY AND SYSTEM EVALUATION; RADIO SYSTEM o OPERATIONS...................................................................................................................................23 Z SECTION 12. BUDGET; ASSESSMENT FORMULA; PAYMENT OF ASSESSMENTS; cn DELINQUENCIES; RESERVE FUNDS.......................................................................................... 25 0 SECTION 13. ISSUANCE OF DEBT 28 le c SECTION 14. .............................................................................................. CONVERSION OF STATUS OF PARTICIPATING AGENCIES; ADDITION OF le c NEW PRINCIPALS OR SUBSCRIBERS; PROVISION OF ADDITIONAL SERVICES TO = PRINCIPALS.....................................................................................................................................28 SECTION 15. RETAINED POWERS OF PARTICIPATING AGENCIES ................................... 30 SECTION 16. INVENTORY AND PROPERTY 30 w 0 SECTION 17. WITHDRAWAL BY OR TERMINATION OF PRINCIPAL ................................. 30 N SECTION 18. AMENDMENT OF AGREEMENT......................................................................... 31 a� SECTION 19. MERGER, CONSOLIDATION OR SALE OF ALL OR SUBSTANTIALLY v ALLASSETS .................................................................................................................................... 32 SECTION 20. TERMINATION OF AGREEMENT; DISSOLUTION ............................................ 32 SECTION 21. DISPUTE RESOLUTION........................................................................................ 33 SECTION22. INSURANCE 34 ............................................................................................................ 0 SECTION 23. INDEMNIFICATION AND HOLD HARMLESS ................................................... 34 z SECTION 24. INTERGOVERNMENTAL COOPERATION........................................................ 36 N SECTION25. NOTICE.................................................................................................................... 36 a SECTION 26. COMPLIANCE WITH LAWS..............................................................................M.. 36 SECTION 27. VENUE 37 a r SECTION 28. NO THIRD PARTY BENEFICIARIES................................................................... 37 a SECTION 29. SEVERABILITY...................................................................................................... 37 SECTION 30. RATIFICATION....................................................................................................... 37 SECTION 31. EXECUTION, COUNTERPARTS, AMENDMENT AND RESTATEMENT OF ORIGINAL AGREEMENT, AND EFFECTIVE DATE.................................................................. 37 Packet Pg. 23 7.3.a EXHIBITS AND APPENDICES Exhibit A Process for Selecting Governing Board Members and Alternates .........A-1 Exhibit B Principal Assessment Formula................................................B-1 Appendix B-1 Definition of "Calls for Service"...................................B-1-1 Exhibit C Principals and Associate Agencies of Snohomish County 911...............C-1 IE Packet Pg. 24 7.3.a AMENDED AND RESTATED SNOHOMISH COUNTY REGIONAL PUBLIC SAFETY COMMUNICATIONS AGENCY INTERLOCAL AGREEMENT THIS AMENDED AND RESTATED SNOHOMISH COUNTY REGIONAL PUBLIC SAFETY COMMUNICATIONS AGENCY INTERLOCAL AGREEMENT (this "Agreement"), incorporating all exhibits hereto, is authorized by the parties to the Snohomish County Regional Public Safety Communications Agency Interlocal Agreement effective as of nrr:'�1, 2022June 20, 2024. RECITALS a WHEREAS, pursuant to chapters 24.03 and 24.06 of the Revised Code of Washington a ("RCW"), the Snohomish County Regional Public Safety Communications Agency T Interlocal Agreement, deemed adopted and effective as of January 1, 2018, including the o exhibits thereto (the "Original Agreement"), and the Articles of Incorporation Due to Z U) Consolidation filed on October 18, 2017 (the "Articles of Consolidation"), the governing a, boards of the Southwest Snohomish County Public Safety Communication Agency, a c municipal instrumentality of its members, jointly organized by such members as a c nonprofit corporation under chapter 24.03 RCW as expressly authorized by c RCW 39.34.030(3)(b) ("SNOCOM"), and the Snohomish County Police Staff and Auxiliary Services Center, a municipal instrumentality of its members, jointly organized w by such members as a nonprofit corporation under chapter 24.06 RCW as expressly c z authorized by RCW 39.34.030(3)(b) ("SNOPAC"), voted to consolidate SNOCOM and SNOPAC into a new single corporation under chapter 24.06 RCW known as the "Snohomish County Regional Public Safety Communications Agency" ("Snohomish v County 911 "); and a WHEREAS, the governing boards of Snohomish County 911 and the Snohomish County Emergency Radio System, a municipal instrumentality of its members, jointly organized by such members as a nonprofit corporation under chapter 24.06 RCW as expressly authorized by RCW 39.34.030(3)(b) ("SERS"), voted to merge SERS into Snohomish County 911 effective January 1, 2019; and WHEREAS, Snohomish County 911 provides emergency communication services on behalf of its member agencies throughout Snohomish County; and WHEREAS, the Original Agreement was amended on August 2, 2018; September 19, 2019; November 21, 2019; August 20, 2020; and April 21, 2022; WHEREAS, by this Amended and Restated Agreement effective as of the date stated above, the Governing Board of Snohomish County 911 desires to create procedural 01 Packet Pg. 25 7.3.a efficiencies and remove historical provisions that are no longer applicable from this Agreement; WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act (chapter 39.34 RCW) and the Nonprofit Miscellaneous and Mutual Corporations Act (chapter 24.06 RCW); NOW THEREFORE, in consideration of the promises and agreements contained in this Agreement and subject to the terms and conditions set forth herein, it is mutually understood and agreed by the parties as follows: SECTION 1. CREATION OF SNOHOMISH COUNTY 911; MERGER. a. Creation of Snohomish Count.. Pursuant to Resolution No. 2017-02 adopted by the SNOCOM Board of Directors on October 12, 2017 and Resolution No. 2017-02 adopted by the SNOPAC Board of Directors on October 12, 2017, at least two-thirds of each Board voted in favor of consolidating SNOCOM and SNOPAC as described in the Original Agreement and approved a plan of consolidation (the "Plan of Consolidation") as required by chapters 24.03 and 24.06 RCW. Subsequent to such approval, representatives of SNOCOM and SNOPAC executed the Articles of Consolidation and filed such Articles with the Secretary of State. As permitted by RCW 23.95.210, the effective date for the consolidation was January 1, 2018 (the "Consolidation Effective Date"). As of the Consolidation Effective Date: SNOCOM and SNOPAC became a single corporation to be known as "Snohomish County 911." Snohomish County 911 was organized as a municipal instrumentality of its Principals pursuant to RCW 39.34.030 and as a nonprofit corporation under chapter 24.06 RCW as authorized by chapter 39.34 RCW. ii. SNOCOM, SNOPAC and each party to the Original Agreement (listed in Exhibit C attached hereto) delegated to Snohomish County 911 the authority to provide emergency communication services as provided herein. iii. The separate existence of SNOCOM and SNOPAC, except as formed as Snohomish County 911, ceased. iv. As a result, Snohomish County 911 possesses all the rights, privileges, immunities, and franchises, of both a public and private nature, of each of SNOCOM and SNOPAC; and all property, real, personal and mixed, and all debts due on whatever account, and all other choses in action, and all and every other interest, of or belonging to or due to each of SNOCOM and SNOPAC, were 2 Packet Pg. 26 7.3.a taken and deemed transferred to and vested in Snohomish County 911 without further act or deed; and title to any real estate, or any interest therein, vested in Snohomish County 911. V. Snohomish County 911 is responsible and liable for all the liabilities and obligations of each of SNOCOM and SNOPAC, and any claim existing or action or proceeding pending by or against any of such corporations may be prosecuted as if such consolidation had not taken place, or Snohomish County 911 may be substituted in its place. Neither the rights of creditors nor any liens upon the property of SNOCOM or SNOPAC shall be impaired by such consolidation. 0 w vi. Snohomish County 911, as successor to SNOCOM and SNOPAC, D has all rights, privileges, interest, defenses and indemnity protections of all insurance providers for SNOCOM and SNOPAC, including past and current r providers, that existed prior to consolidation. o z Cn b. Merger of SERS and Snohomish County 911. Pursuant to Resolution a, N No. 18-01 adopted by the SERS Board of Directors on October 4, 2018 and Resolution c le No. 2018-17 adopted by the Snohomish County 911 Board of Directors on October 18, N CD 2018, at least two-thirds of each Board voted in favor to merge SERS into Snohomish = 0 County 911 as described in this Agreement and approved a plan of merger (the "Plan of Merger") as required by chapter 24.06 RCW. Subsequent to such approval, representatives w of SERS and Snohomish County 911 executed the Articles of Merger and filed such z° Articles with the Secretary of State. As permitted by RCW 23.95.210, the effective date a for the merger was January 1, 2019 (the "Merger Effective Date"). As of the Merger Effective Date: i. SERS was merged into Snohomish County 911 as provided in the Articles of Merger. ii. The separate existence of SERS ceased. iii. Snohomish County 911 thereupon and thereafter possessed all the rights, privileges, immunities, and franchises, of both a public and private nature, of SERS; and all property, real, personal and mixed, and all debts due on whatever account, and all other choses in action, and all and every other interest, of or belonging to or due to SERS, were and shall be taken and deemed to be transferred to and vested in Snohomish County 911 without further act or deed; and the title to any real estate, or any interest therein, vested in Snohomish County 911 shall not revert or be in any way impaired by reason of such merger. 9 Packet Pg. 27 7.3.a iv. Snohomish County 911 was and shall be responsible and liable for all the liabilities and obligations of SERS, and any claim existing or action or proceeding pending by or against any of such corporation may be prosecuted as if such merger had not taken place, or Snohomish County 911 may be substituted in its place. Neither the rights of creditors nor any liens upon the property of SERS shall be impaired by such merger. V. Snohomish County 911, as successor to SERS, has all rights, privileges, interest, defenses and indemnity protections of all insurance providers for SERS, including past and current providers, that existed prior to merger. vi. All amounts held in reserve funds held by SERS as of the Merger Effective Date were transferred to Snohomish County 911 to be placed in a Radio System reserve fund or funds at Snohomish County 911. vii. The statements set forth in the Articles of Merger shall be deemed to be the articles of incorporation of Snohomish County 911, and shall amend and restate, in their entirety, the Articles of Consolidation. viii. This Agreement shall govern the Snohomish County 911. ix. Snohomish County 911 has and shall continue to have all the rights, privileges, immunities and powers and shall be subject to all the duties and liabilities of a nonprofit corporation organized under chapter 24.06 RCW. SECTION 2. TERM OF AGREEMENT. This Agreement shall carry forward the initial 6-year term provided for in the Original Agreement. The initial term of this Agreement, therefore, shall be from the Merger Effective Date through December 31, 2023 (the "Initial Term"). Thereafter, this Agreement shall be of infinite duration, subject to termination provisions contained herein. During the Initial Term no Principal may withdraw from this Agreement, provided that a Principal may convert or be converted to Subscriber status as provided in Sections 12 and 14, may annex to or join with another Principal as described in Section 6.q, or may upon action of the Governing Board be terminated from participation in this Agreement as provided in Section 12. SECTION 3. DEFINITIONS. Capitalized terms used in this Agreement shall have the following meanings: a. Additional Services. "Additional Services" are optional services provided by Snohomish County 911 that assist Participating Agencies in the performance of their 0 Packet Pg. 28 7.3.a emergency services duties but are outside the scope of Emergency Communications Services as defined in Section 4.a., for example and without limitation, managed mobile computer services. Additional Services may be offered to all Principals and Subscribers from time to time by separate contract. Terms of agreement for provision of Additional Services are to be negotiated between Snohomish County 911 and a Participating Agency and require Simple Majority Vote approval of the Governing Board. Fees for Additional Services are not part of the Assessment Formula and are not considered User Fees. b. Agreement. "Agreement" means this Amended and Restated Snohomish County Regional Public Safety Communications Agency Interlocal Agreement, as it may hereafter be further amended or modified from time to time, together with all exhibits and appendices hereto, as they may hereafter be amended or modified. C. Ancillary Services. "Ancillary Services" are services that are part of the overall array of Emergency Communications Services, and related to the core functioning of Emergency Communications Services, for example and without limitation, Police Records Services and school panic button monitoring. Ancillary Services are provided by Snohomish County 911 to all Principals and Subscribers and the costs of Ancillary Services are incorporated into User Fees and Assessments. d. Articles of Consolidation. "Articles of Consolidation" mean the Articles of Incorporation Due to Consolidation of Snohomish County 911 as defined in Section 1. e. Articles of Merger. "Articles of Merger" mean the Articles of Incorporation Due to Merger of Snohomish County 911 as defined in Section 1. f. Assessments. "Assessments" mean the portion of User Fees charged to Principals for Emergency Communication Services in accordance with the Assessments formula as provided for in Exhibit B. Assessments are a subset of User Fees. Changes to the Assessment formula require Supermajority Approval of the Governing Board. g. Associate Agency. "Associate Agency" is a unit of local government that has agreed to the terms of this Agreement from time to time who is not a Direct Provider and is not Directly Served by Snohomish County 911 but which receives police and/or fire/EMS services though a contract with a Principal or Subscriber of Snohomish County 911. Associate Agencies participate in the selection of a non -voting Governing Board Member as described in Exhibit A. A list of the Associate Agencies as of the Merger Effective Date is included in Exhibit C. h. Consolidation Effective Date. "Consolidation Effective Date" means January 1, 2018. Packet Pg. 29 7.3.a i. Directly Served. "Directly Served" means Principals and Subscribers who receive Emergency Communication Services from Snohomish County 911 and pay User Fees to Snohomish County 911 in exchange for such services. A Principal or Subscriber may operate both fire/EMS service and police service but elect to have only one or the other service Directly Served by Snohomish County 911. j. Direct Provider. "Direct Provider" means a Participating Agency that provides fire/EMS services and/or police services directly, rather than through contract with another agency. k. EMS. "EMS" means Emergency Medical Services as described in RCW 84.52.069(5), as now or later amended, including the provision by the Participating Agencies of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or EMS. 1. Enhanced Police Records Services. "Enhanced Police Records Services" are services in addition to Police Records Services, and include computer searches and actions to enter, modify or delete computer police records associated with: misdemeanor warrants, orders of protection and other orders and directives; stolen property, vehicles, guns or missing persons; performing 20-minute warrant hit confirmations; and serving as the legal holder of records on behalf of a Police Agency for such records. in. Executive Director. The "Executive Director" is the chief executive officer for Snohomish County 911 appointed by and serving at the pleasure of the Governing Board. n. Emergency Communication Services. "Emergency Communication Services" mean those services described in Section 4.a. o. Emergency Public Safety Radio System. The "Emergency Public Safety Radio System" or "Radio System" is the Snohomish County emergency radio system developed, owned and operated by SERS prior to the Merger Effective Date, including all additions, replacement and improvements thereto, and shall include the Emergency Radio System Replacement Project. P. Emergency Public Radio System Replacement Project. The "Emergency Public Radio System Replacement Project" or "Radio System Replacement Project" is the project to (i) replace and upgrade the Radio System as it exists as of the Merger Effective Date, including all equipment, improvements and real and personal property necessary to accomplish such project, (ii) provide for an initial replacement of the existing subscriber I Packet Pg. 30 7.3.a equipment for public safety agencies within Snohomish County, and (ii) replace the existing alpha -numeric paging system. q. Fire Agency. A "Fire Agency" is a Principal that is a Direct Provider of fire and/or EMS services. r. Fire/EMS Technical Advisory Committee. The "Fire/EMS Technical Advisory Committee" is the advisory board composed of Representatives from Principal and Subscriber fire and EMS departments or agencies as described in Section 7. a� w a S. Governing Board. The "Governing Board" is the body described in Section a 6 and shall be the governing body of Snohomish County 911. J r r Q1 t. Initial Term. "Initial Term" shall have the meaning set forth in Section 2 of z this Agreement. Cn U. Merger Effective Date. The "Merger Effective Date" is January 1, 2019. V. Member. A "Member" or "Governing Board Member" is the individual representing a Principal on the Governing Board, or his or her designated alternate. W. Original Agreement. "Original Agreement" means the Snohomish County Regional Public Safety Communications Agency Interlocal Agreement, deemed adopted and effective as of January 1, 2018, including the exhibits thereto. The parties to the Original Agreement were Principals of Snohomish County 911 as of the Consolidation Effective Date and will continue to be Principals of Snohomish County 911 as of the Merger Effective Date. A list of the Principals as of the Merger Effective Date is included in Exhibit C. X. Participating Agencies or Participants. "Participating Agencies" or "Participants" refer to Principals and all Subscribers, as they may be so constituted from time to time, and individually referred to as a "Participating Agency" or "Participant." Y. Plan of Consolidation. "Plan of Consolidation" means the plan approved by SNOPAC and SNOCOM as required by chapters 24.03 and 24.06 RCW. Z. Plan of Merger. "Plan of Merger" means the plan approved by Snohomish County 911 and SERS as required by chapter 24.06 RCW. aa. Police Agency. A "Police Agency" is a Principal that is a Direct Provider of policing services. 7 Packet Pg. 31 7.3.a bb. Police Records Services. "Police Records Services" include performing computer searches and entries to locate and/or clear of public safety database records (WACIC/NCIC) including but not limited to stolen articles, stolen vehicles, stolen guns, missing persons and warrants, as well as entry and dissemination of State ACCESS system administrative messages. cc. Police Technical Advisory Committee. The "Police Technical Advisory Committee" is the advisory board composed of Representatives from Principal and Subscriber police, sheriff or similar departments or agencies as described in Section 7. N a� dd. Principal. A "Principal" is a general purpose municipal corporation or government agency, a fire district, a Public Safety Interlocal Operation, a regional fire D protection service authority created pursuant to chapter 52.26 RCW, or a State agency created under the laws of State, which is a Direct Provider of police services or fire/EMS r services or both, and which is a party to the Original Agreement, has executed this o Agreement, or has agreed in writing to the terms of this Agreement. The Principals of Cn Snohomish County 911 as of the Merger Effective Date are listed in Exhibit C. N ee. Public Safety Interlocal Operation. "Public Safety Interlocal Operation" includes a joint operation of fire districts and cities for provision of public fire and EMS services entered into and operating pursuant to chapter 39.34 RCW, and may also include a public development authority created pursuant to RCW 35.21.730 et. seq. or a regional fire protection service authority created pursuant to chapter 52.26 RCW, or a nonprofit corporation created for the purpose of facilitating a joint operation between fire districts and cities pursuant to RCW 39.34.030(3). ff. Radio System. "Radio System" means the Emergency Public Safety Radio System. gg. Radio Unit. A "Radio Unit" is a mobile (vehicular), portable (handheld) or control station (desktop) radio which has been authorized and programmed to operate on the Emergency Public Safety Radio System. hh. Representative. "Representative" refers to the individual representing a Principal or a Subscriber on the Police Technical Advisory Committee or Fire/EMS Technical Advisory Committee, or his or her designated alternate. ii. SERS. "SERS" was the Snohomish County Emergency Radio System agency created pursuant to chapters 39.34 and 24.06 RCW and an interlocal agreement effective July 1, 1999, as thereafter amended. 8 Packet Pg. 32 7.3.a jj. Simple -Majority. A "Simple -Majority Vote" of the Governing Board means a majority of the votes of the Members present constituting a quorum and voting. kk. Single -Service Principal. A "Single -Service Principal" is a Principal that is formed as a city or town under the laws of State that (1) directly provides either fire/EMS service or police service, but not both, and (2) receives the service it does not directly provide from a Principal or Subscriber. 11. SNOCOM. "SNOCOM" was the Southwest Snohomish County Public Safety Communication Agency, formed pursuant to chapters 39.34 and 24.03 RCW. mm. Snohomish County 911. "Snohomish County 911" refers to the intergovernmental agency formed as of the Consolidation Effective Date pursuant to chapters 39.34 and 24.06 RCW, the Original Agreement (as amended and restated by this Agreement) and the Articles of Consolidation. nn. SNOPAC. "SNOPAC" was the Snohomish County Police Staff and Auxiliary Services Center formed pursuant to chapters 39.34 and 24.06 RCW. oo. State. "State" means the state of Washington. pp. Subscriber. A "Subscriber" is a public or private entity or agency that has agreed to pay Snohomish County 911 for Emergency Communication Services or other services as offered at a rate or rates according to such terms and conditions as may be established by Snohomish County 911 as evidenced by separate contract between Snohomish County 911 and such entity. A "Subscriber" may also be a Principal that is converted to Subscriber status as provided in Sections 12 and 14. qq. Supermajori . Vote. A "Supermajority Vote" means Governing Board approval of an item accomplished by securing affirmative votes of both: (1) not less than seventy percent (70%) of all Members of the Governing Board present constituting a quorum and voting, and (2) not less than one voting Governing Board Member representing a Principal Fire Agency or Agencies. rr. Technical Advisory Committees. "Technical Advisory Committees" are the Police Technical Advisory Committee and the Fire/EMS Technical Advisory Committee established by Section 7. ss. User Fees. "User Fees" are fees for service charged to Participating Agencies for all services for Emergency Communication Services provided by Snohomish County 911 whether provided to Principals or Subscribers. User Fees exclude fees for Additional Services and nominal annual membership fees charged to Associate Agencies. I as w a a J r r o> 0 z Cn Packet Pg. 33 7.3.a User Fees charged to Subscribers may be approved by Simple Majority Vote of the Governing Board. tt. 911 Calls. "911 Calls" are those calls received or dispatched via the statewide emergency communication network of telephone or via other communications means as described in chapter 38.52 RCW. SECTION 4. SNOHOMISH COUNTY 911 SERVICES. a. Snohomish County 911 has the responsibility and authority for providing N Emergency Communication Services and all related incidental functions for 2 communicating and dispatching services between the public and Participating Agencies in the furtherance of improved public safety and emergency response, including the following J more specifically described services (collectively, "Emergency Communication r r Services"): 0 z Cn i. Receiving 911 Calls and non -emergency public safety calls for o) police, fire and medical services; le ii. Notifying, dispatching, directing, supporting and coordinating public safety personnel response, including dispatching emergency police, fire, medical and other special or supporting specialized emergency responses services and resources (for example and without limitation, SWAT response); iii. Hosting, configuring, and administering public safety technology networks, systems and applications in support of the delivery of Emergency Communications Services; iv. Updating, maintaining and managing radio communications systems (excluding, unless specifically approved by Governing Board, the Emergency Public Safety Radio System), computer systems, support files and resource materials necessary to accomplish the above; V. Police Records Services; Vt. Establishing and updating from time to time standard protocols for communications to and from personnel in the field; vii. Providing certain Ancillary Services; and viii. Upon a Supermajority Vote of the Governing Board (which approval was received at the time of approval of this Agreement and shall become effective as of the Merger Effective Date), providing services previously provided 10 Packet Pg. 34 7.3.a by SERS together with all necessary or advisable additional services and actions directly related to the Emergency Public Radio System. b. Beginning January 1, 2022, Enhanced Police Records Services shall be provided as an Additional Service to former SNOCOM Police Agencies in recognition of those agencies' prior receipt of those services from SNOCOM prior to the Consolidation Effective Date. C. Snohomish County 911 may also, when authorized by a Simple Majority Vote of the Governing Board, provide Additional Services. Additional Services will be offered by separate contract as optional services to Participating Agencies. Charges for Additional Services, if any, shall be accounted for separately and shall not be included in the calculation of User Fees. SECTION 5. SNOHOMISH COUNTY 911 POWERS. Snohomish County 911, through its Governing Board, shall have all powers allowed by law for interlocal agencies created under RCW 39.34.030 and chapter 24.06 RCW, as they now exist or may hereafter be amended, and as authorized, amended, or removed by the Governing Board, as provided for in this Agreement, and including but not limited to the following: 911; a. Recommend action to the legislative bodies of the Participating Agencies; b. Review and approve budgets for Snohomish County 911; C. Establish policies for expenditures of budget items for Snohomish County d. Review and adopt personnel policies for Snohomish County 911; e. Review and approve operating policies and procedures for Snohomish County 911, its programs and Emergency Communication Services provided pursuant to this Agreement; f. Establish a fund or special fund or funds as authorized by RCW 39.34.030 for the operation of the Snohomish County 911; g. Conduct regular and special meetings as may be designated by the Governing Board consistent with the State Open Public Meetings Act (chapter 42.30 RCW); Packet Pg. 35 h. Maintain and manage records in accordance with the State Public Records Act (chapter 42.56 RCW and chapter 40.14 RCW) and other applicable State applicable and federal records laws and regulations; i. Determine what services (including but not limited to Emergency Communication Services and Additional Services) shall be offered and under what terms they shall be offered; j. Retain, terminate, direct and supervise the Executive Director; k. Create committees to review and make recommendations for purposes and duties of committees; a 1. Approve strategic plans; J r r Q1 M. Approve the addition of new Principals and Subscribers and the terms of z their participation in Snohomish County 911 and receipt of Emergency Communication Cn Services; N n. Enter into agreements with or make purchases from third parties for goods, assets, property and/or services necessary to fully implement the purposes of this Agreement; o. Establish fees and charges for services provided to Participating Agencies; P. Direct and supervise the activities of any advisory board or committee established by the Governing Board; q. Enter into agreements with, and receive and distribute funds, from any federal, state or local agencies; r. To the extent permitted by law, accept loans or grants of funds from any federal, state, local or private agencies and receive and distribute such funds; S. Receive all funds allocated to Snohomish County 911 for services provided pursuant to this Agreement; t. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, construct, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of Snohomish County 911; U. Sell, convey, lease, exchange, transfer, and otherwise dispose of all of its real and personal property and assets; 12 Packet Pg. 36 7.3.a V. Sue and be sued, complain and defend, in all courts of competent jurisdiction in Snohomish County 911's name; W. Make and alter bylaws for the administration and regulation of its affairs consistent with this Agreement; X. Hold radio frequency licenses and software and other licenses to enable Snohomish County 911 to operate radio communications and dispatch systems to meet its public safety responsibilities; Y. Enter into contracts with Subscribers to provide Emergency Communication Services and Additional Services pursuant to this Agreement; Z. Any and all other acts necessary to further Snohomish County 911's goals and purposes; and aa. Except as expressly provided above or in Section 13, Snohomish County 911 shall not have the power or authority to issue debt in its own name. SECTION 6. GOVERNING BOARD: COMPOSITION AND OPERATION. a. Composition. Snohomish County 911 shall be governed by a Governing Board composed of fifteen (15) voting members and one (1) non otingmember-. ,Ten (10) of the Governing Board voting member seats shall be allocated to Police Agencies; and five (5) Governing Board voting member seats shall be allocated to Fire Agencies one (1) non voting member- seet shall be alleeated to an Asseeiete Ageney or- a Single _ Governing Board Members and their alternates shall be selected in the manner described in Exhibit A. b. Qualifications to Serve. A Governing Board Member, or his or her alternate must be duly selected in the manner described in Exhibit A and must be either: an elected official; chief administrative officer; chief law enforcement officer or fire chief from a Principal, or a person directly -reporting to the chief law enforcement officer or fire chief, or in the case of Snohomish County, the Snohomish County Executive or a person reporting directly to the Snohomish County Executive. C. Terms of Office. Governing Board Members are elected every two (2) years by caucuses no later than the April Governing Board meeting of that year, as described further in Exhibit A. The terms of the newly elected Board Members commence with the first Governing Board meeting in May. d. Election to Receive Service From Snohomish County 911; Impact on Governing Board Representation. Each Principal shall determine which of its respective 13 Packet Pg. 37 7.3.a public service departments or operations will be Directly Served by Snohomish County 911. The initial election by each Principal as to which of their respective departments or operations will receive services from Snohomish County 911 will be recorded by the submittal by each Principal of a completed service election form. The service election form determines whether a Principal participates in a caucus to select either or both a Police Agency Governing Board Member or a Fire Agency Governing Board Member. Single Service Principals shall also participate in the caucus for the non -voting Governing Board Member. Each Principal shall promptly provide written notice to Snohomish County 911 of any changes in its services impacting its qualification as a Police Agency or Fire Agency. e. Conditions for Serving on Governing Board. All Governing Board a Members and their alternates shall serve without compensation from Snohomish County D 911. However, Snohomish County 911 may pay for or reimburse Governing Board Members and alternates for reasonable out-of-pocket costs related to service on the Governing Board. Members may only serve for such time as they meet the qualification z of a Governing Board Member for the Principals with which they served of the start date Cn of their then current term on the Governing Board. N f. Alternates. Alternates shall be selected and shall serve in the absence of Governing Board Members in the manner described in Exhibit A. Alternates must meet the same qualifications as Governing Board Member. g. Quorum. A simple majority of the voting Members (or their alternates) in number (excluding any Member that represents a Principal which been terminated by vote of the Governing Board, or which has given notice of withdrawal and is not permitted to vote per terms of Section 17.f) shall constitute a quorum of the Governing Board for purposes of doing business on any issue. h. Voting. The Board shall strive to operate by consensus. All Board decisions on items not listed in Section 6.i require a Simple Majority Vote for approval. A Governing Board Member may not split his or her vote on an issue and there shall be no weighted voting. No voting by proxies or mail -in ballots is allowed. Voting by a designated alternate is not considered a vote by proxy. A Governing Board Member representing a Principal that has given notice of withdrawal or which has been terminated by vote of the Governing Board shall be authorized to cast votes at the Governing Board only on budget items to be implemented prior to the withdrawal or termination date. i. Items Requiring Supermajority Vote for Approval. A Supermajority Vote of the Governing Board shall be required in order to approve the following items or actions: i. Amendment to the Principals' Assessment formula(s); Packet Pg. 38 ii. Approval of a budget that exceeds the prior approved budget by a percentage in excess of the most recently published Consumer Price Index — Urban for the Seattle/ Tacoma/Bremerton metropolitan area, June - June, calculated by the Federal Bureau of Labor Statistics, or its successor index, plus 4% (adjusted as necessary to accomplish the same annual cost increase limitation in the event Snohomish County 911 transitions to a biennial budget). iii. A decision to acquire assets, equipment, real or personal property valued at over $500,000; as iv. Admission of a new Principal (other than admission of an Associate Agency as a Principal, or a Principal created by the merger, consolidation or other process as described in Section 6.r); r r V. Reinstatement of a Principal that has been converted to Subscriber; o z Cn vi. Appointing the Executive Director (a Simple Majority Vote is o) required for removal of the Executive Director); le vii. Expansion of the scope of services provided by Snohomish County 911 within the Scope of Section 4.a and 4.b; viii. Adoption or amendment of any bylaws, or amendment of the Articles; ix. Merger, consolidation, sale of all or substantially all assets of the Snohomish County 911 per Section 19; X. Modification of this Agreement (except for those items requiring approval of all legislative bodies of the Principals per Section 18); xi. Termination or dissolution of Snohomish County 911 per Section 20; xii. Approval of debt pursuant to Section 13; and xiii. Any other action requiring a two-thirds or sixty six -percent (66%) supermajority vote under chapter 24.06 RCW. j. Officers. The Governing Board shall have four officers, a President and Vice -President, Secretary and Treasurer, who will serve two (2) year terms, coterminous with Governing Board Member elections. It will be the function of the President to preside at the meetings of the Governing Board. The Vice -President shall assume this role in 15 Packet Pg. 39 7.3.a absence of the President. Immediately following the election of Governing Board Members, at the first meeting of the Governing Board, the officers shall be elected by Simple Majority Vote of the Members. In the event of a vacancy in the President position, the Vice -President shall assume the President position for the balance of the term of the departed President. In the event of a vacancy in the Vice -President position, the Governing Board shall by Simple Majority Vote elect a new Vice -President to serve to the balance of the term of the departed Vice -President. Any officer appointed by the Governing Board may be immediately removed by Simple Majority Vote of the Governing Board, with or without cause, in which event the Governing Board shall promptly elect a new officer who shall serve for the remainder of the unexpired two-year term. The Governing Board may w appoint persons to serve as Secretary and Treasurer of Snohomish County 911; provided, a that such persons shall not be Members of the Governing Board. The duties of all officers D a shall be further described in the Snohomish County 911 Bylaws. J r r Q1 k. Staffing. The Executive Director shall assign agency staff to support the Z Governing Board as he or she deems appropriate. Cn 1. Meetings. The Governing Board shall meet not less than four (4) times per year, at least once each calendar quarter, at a time and place designated by the President of the Governing Board or by a majority of its Members. Regular meetings shall be held pursuant to a schedule adopted by the Governing Board. Special meetings may be called by the President or a majority of Governing Board Members upon giving all other Members notice of such meeting in accordance with chapter 42.30 RCW (which, as of the date of this Agreement, requires written notice to be provided to each Member at least twenty-four (24) hours prior to the meeting). Notwithstanding the foregoing, the President or Members calling a special meeting will, in good faith, attempt to provide at least ten (10) days prior written notice of a special meeting, however, failure to do so will not invalidate any otherwise legal action taken at a meeting where the proper notice was provided in accordance with chapter 42.30 RCW. In an emergency, the Governing Board may dispense with written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all Governing Board Members. Members of the Governing Board may participate in a meeting through the use of any means of communication by which all Members and members of the public participating in such meeting can hear each other during the meeting. Any Governing Board Members participating in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. in. Bylaws. The Governing Board shall be authorized to establish bylaws that govern procedures of the Governing Board. 16 Packet Pg. 40 7.3.a n. Parliamentary Authority. Robert's Revised Rules of Order shall govern any proceeding of the Governing Board to the extent not inconsistent with this Agreement or the bylaws adopted by the Governing Board. o. Consultation with Technical Advisory Committees. It is the intent of this Agreement that the Governing Board shall seek the active participation and advice of Participating Agencies in the determination of Snohomish County 911 operating policies. The Technical Advisory Committees shall have the opportunity to provide reports at each regular Governing Board meeting. The Governing Board shall consider input from the Technical Advisory Committees in its deliberations. P. Boundary Changes or Service Territory Changes. It is the responsibility of each Participating Agency to provide reasonable advance notice to Snohomish County 911 of any boundary changes, or service territory changes that may occur due to annexation, merger, or other reason, so that Snohomish County 911 may accurately dispatch calls, accurately track calls for service data and accurately assess User Fees; provided, however, until such time as Snohomish County 911 has sufficiently accurate data (such as an official population estimate from the State) by which to calculate User Fees for the Participating Agencies(s) involved, Snohomish County 911 shall continue to bill each Participating Agency on the basis of Snohomish County 91l's most accurate data and the parties involved in the boundary or service territory change shall amongst themselves address any User Fee allocation issues. q. Service Changes; Merger or Annexation of a Participating Agency Formation of New Public Safety Interlocal Operation. It is the responsibility of each Participating Agency to provide reasonable advance notice to Snohomish County 911 of any boundary changes, or service territory changes that may occur due to annexation, merger, or other reason. In the event a Participating Agency merges or annexes to a Principal or becomes a member agency of a Public Safety Interlocal Operation that is a Principal, the merged or annexed Participating Agency's rights and obligations under this Agreement shall be assumed in full by the Principal without further action by the Governing Board. In the event that Participating Agencies, which meet the qualifications of this paragraph, join together to create a new Public Safety Interlocal Operation (for example and without limitation, creation of a new regional fire authority under chapter 52.26 RCW), and as a result of such formation the fire/EMS operation or police operation of such Participating Agencies are no longer Directly Served by Snohomish County 911, then after all of the necessary assignments and agreements are executed related to the creation of the Public Safety Interlocal Operation, the newly created Public Safety Interlocal Operation shall become a Principal and a party to this Agreement without further action of the Governing 17 w a a J r o> 0 z Cn Packet Pg. 41 7.3.a Board. At such time the rights and obligations of the forming Participating Agencies shall be assumed by the Public Safety Interlocal Operation. Notwithstanding the foregoing, in order for the newly created Public Safety Interlocal Operation to become a Principal and a party to this Agreement without further action of the Governing Board, each Participating Agency at the time of formation of the newly created Public Safety Interlocal Operation must (i) be a current Principal and party to this Agreement, or (ii) have previously been a member of SNOCOM or SNOPAC and otherwise independently qualifies as a Principal under this Agreement. Notwithstanding anything in this paragraph to the contrary, if a merged or annexed Principal retains a separate public safety operation that is Directly Served by Snohomish County 911, then that Principal shall maintain its status and shall retain all its rights and obligations under this Agreement with respect to its Directly Served public safety operation. r. Associate A eg ncies. Associate Agencies shall be charged a nominal annual membership fee at a level set from time to time by Simple Majority Vote of the Governing Board. An Associate Agency which stops contracting for police and/or fire/EMS services from a Principal and requests to be Directly Served by Snohomish County 911 shall be approved by the Governing Board as a Principal per Section 14.d and shall not be subject to any latecomer fees in making this transition. SECTION 7. TECHNICAL ADVISORY COMMITTEES. a. Creation and Membership. Two Technical Advisory Committees shall be created to serve in an advisory capacity to the Governing Board and Executive Director. i. Police Technical Advisory Committee. The Police Technical Advisory Committee shall consist of the chief or his or her designee from each Principal and Subscriber police department or equivalent agency or operation Directly Served by Snohomish County 911. ii. Fire/EMS Technical Advisory Committee. The Fire/EMS Technical Advisory Committee shall consist of the chief or his or her designee from each Principal and Subscriber with a Fire/EMS department or equivalent agency or operation Directly Served by Snohomish County 911. b. Technical Advisory Committee Representatives. Persons serving on either Technical Advisory Committee shall serve without compensation from Snohomish County 911. However, Snohomish County 911 may pay for or reimburse Representatives and alternates for reasonable out-of-pocket costs related to service on the Technical Advisory Committees. 18 w a a J r o> 0 z Cn Packet Pg. 42 7.3.a C. Alternates. Each Representative serving on a Technical Advisory Committee may designate one alternate, confirmed in writing, to serve when such Representative is absent or unable to serve provided that such alternates must have operational responsibilities within their respective agencies. Written notice of the appointment of an alternate shall be provided to the Chair the applicable Technical Advisory Committee prior to the alternate serving in the absence of the Representative. d. Powers. Each Technical Advisory Committee shall meet individually as frequently as their members deem appropriate, but not less than twice each year, for the purpose of promoting interagency collaboration and cooperation, information sharing, w discussion and review of agency operating policy and such other matters as the Governing a Board may request. The Technical Advisory Committees shall provide advice, D information, and recommendations to the Governing Board and the Executive Director. r r e. Quorum. One -quarter of the Representatives of each Technical Advisory o Committee (or any alternates present and participating in place of a Representative) shall Cn constitute a quorum for meetings of such Committee. N f. Voting. All actions and recommendations of the Technical Advisory Committees shall be approved by majority vote of those present and voting. Each Representative shall have one vote. There will be no weighted voting, proxy voting, or mail -in voting. g. Officers. Each Technical Advisory Committee shall have two officers, a Chair and Vice -Chair. It will be the function of the Chair to preside at the meetings of his/her respective Technical Advisory Committee, and the Vice -Chair shall assume this role in absence of the Chair. The officers shall be annually elected by vote of the Committee Representatives. h. Staffing. The Technical Advisory Committees shall be staffed by the Executive Director, or his or her designee, and such additional agency staffing as the Executive Director may deem appropriate. i. Meetings. All meetings of each Technical Advisory Committee shall be open to the public if and to the extent required by chapter 42.30 RCW. Regular meetings shall be held pursuant to a schedule approved by the Technical Advisory Committee. Special meetings may be called by the Chair of the Technical Advisory Committee or a majority of the Representatives of the Technical Advisory Committee. Members of the Technical Advisory Committees may participate in meetings through the use of any means of communication by which all Representatives and members of the public participating in such meeting can hear each other during the meeting. Any Representatives participating 19 Packet Pg. 43 7.3.a in a meeting by such means is deemed to be present in person at the meeting for all purposes including, but not limited to, establishing a quorum. SECTION 8. ANNUAL AGENCY REPORT. a. Contents. The Executive Director shall prepare an Annual Agency Report no later than April of each year. The report shall include a description o£ i. Activities of Snohomish County 911 for the previous calendar year; ii. The proposed work program and significant events in the current 2 w calendar year; financial condition of Snohomish County 911; a iii. Results of Governing Board adopted performance benchmarks; and a J r r iv. The proposed budget policy for the upcoming year. o z Cn b. Availability. The Executive Director shall ensure that the Annual Agency Report is distributed to the Governing Board and Principals and made available the general public each year. SECTION 9. EXECUTIVE DIRECTOR. The Governing Board shall be responsible for the appointment and termination of the Executive Director. An interim Executive Director may be appointed to serve in such capacity until a permanent Executive Director is appointed by the Governing Board. A Supermajority Vote of the Governing Board is required to appoint the Executive Director of Snohomish County 911. The Executive Director shall be responsible to the Governing Board and shall advise it from time to time on a proposed budget and other appropriate matters in order to fully implement the purposes of this Agreement. The Executive Director shall administer Snohomish County 911 in its day-to-day operations, including but not limited to: approving and overseeing the administration of all operating procedures and public records management procedures consistent with Governing Board policies; and appointing persons to fill other staff positions in the Snohomish County 911 and overseeing the evaluation and discipline, hiring and firing of employees, and administration of collective bargaining agreements and other personnel contracts consistent with Governing Board policies. 20 Packet Pg. 44 7.3.a Only the Governing Board shall be authorized to hire or retain legal counsel and independent accountants and auditors. Other consultants or legal counsel for specialized purposes within the Executive Director's signing authority as it may be defined by the Board from time to time may be designated in such manner as the Governing Board may determine subject to Sections 5 and 6. The Executive Director shall have experience in technical, financial and administrative fields and his or her appointment shall be on the basis of merit only. The Executive Director is an "at will" employee and may be terminated upon the Simple Majority Vote of the Governing Board. 0 w SECTION 10. PERSONNEL POLICY D a J The Executive Director shall, as necessary from time to time, submit to the Governing r r Board a proposed personnel policy for the Governing Board's approval, rejection or o modification. All modifications or revisions to such personnel policies must be approved Cn by the Governing Board if and to the extent required in such policies. a) SECTION 11. OPERATIONAL POLICY AND SYSTEM EVALUATION; RADIO SYSTEM OPERATIONS. a. Operational Effectiveness. The Executive Director shall actively consider and evaluate means and opportunities toward the enhancement of operational effectiveness of emergency services. The Executive Director shall present his or her recommendations to the Technical Advisory Committees and the Governing Board from time to time. b. Operational Standards for Radio S. sue. The Governing Board shall adopt operation and maintenance standards for the Radio System. The Technical Advisory Committees shall submit to the Governing Board recommendations regarding operation and maintenance standards for the Radio System. c. Radio System Use. Each Participating Agency shall use the Radio System exclusively for approved Radio System purposes and in strict accordance with all applicable federal law and regulations. Principals hereby agree, and Subscribers shall agree in their applicable contract to agree, to abide by all Federal Communication Commission rules and regulations concerning the use of shared radio facilities. d. Radio System Access Priorities. Principals shall have priority access to the Radio System. Upon approval by the Governing Board, access may be provided by contract to Subscribers in the following priority: 21 Packet Pg. 45 7.3.a i. Priori 1: public safety (police, fire and emergency medical services) Subscribers; Subscribers able to interact with control stations in public school districts and public hospitals within Snohomish County; and other public agencies served by compatible radio communication systems; ii. Priori2: other public agencies with emergency response duties; and iii. Priori 3: other entities, as determined by the Governing Board. Emergency Public Safety Radio System Replacement Project. Notwithstanding anything N in this Agreement to the contrary, no Participating Agency assumes the obligation to fund capital costs related to the design, development, construction or maintenance of the Radio System Replacement Project, and neither the full faith and credit or taxing power is pledged J by a Participating Agency for such purpose, except as such obligation may be agreed to r r and specifically set forth in a separate agreement between the Participating Agency and o Snohomish County. SECTION 12. BUDGET; ASSESSMENT FORMULA; Cn PAYMENT OF ASSESSMENTS; DELINQUENCIES; RESERVE FUNDS. a, a. Budget Fiscal Year. The Snohomish County 911 budget fiscal year shall be either the calendar year, or two calendar years, as the Governing Board may determine. C. Budget Approval. The Executive Director shall present a proposed budget to the Governing Board by no later than August 1 preceding the next budget period and the Governing Board shall approve its budget by no later than September 25. Thereafter and in no event later than September 30, Participating Agencies shall be advised on the programs and objectives contained in the proposed budget, of any changes in the User Fee formula(e), and of the required financial participation for each Principal and Subscriber for the following year(s) based upon the proposed budget. Participation by each Principal and Subscriber is contingent upon subsequent legislative appropriation for the following fiscal year. Principals and Subscribers shall promptly notify Snohomish County 911 if it does not approve its budget allocation. Any Principal not approving its full budget allocation (Assessment and cost of any Additional Services it has agreed to purchase) shall be automatically converted to Subscriber status effective the first day of the budget year (whether biennial or annual) for which the Principal did not approve its budget allocation, and subject to penalty as described in Section 12. d. User Fee Formula. The User Fee formula applicable to Principals for Emergency Communications Services referred to as the "Assessment formula", shall be initially approved as set forth in Exhibit B to this Agreement. The Assessment formula(e) may be changed from time to time as part of the budget process, and any such changes shall be approved by Supermajority Vote of the Governing Board in accordance with Section 6.i. Additional Services require only Simple Majority Vote of the Governing 22 Packet Pg. 46 7.3.a Board to approve. The Assessment formula(e) for Principals may be different from the User Fee formula applicable to Subscribers. It is expressly contemplated that Participating Agencies may become subject to differential User Fee formulae (including differential Assessment formula(e)) over time based upon the benefit conferred to such agencies. e. Payment of Assessments. Assessments shall be payable not less frequently than quarterly on or before such dates as the Governing Board may determine. f. Delinquent Assessments. Snohomish County 911 shall, within seven (7) business days of the due date, send notice to any delinquent Principal and provide a 60-day cure period from the original due date of the payment. If such Assessments, are not paid in full within 60 (sixty) days of the original due date, then the Principal delinquent in D payment of Assessments shall upon such 60th day be deemed immediately converted to the status of a Subscriber as described in Section 14. In the event a Principal converted to r Subscriber status due to non-payment of fees shall not have paid in full all Assessments o owing by six (6) months after the original due date, then the Governing Board may Cn terminate services to such Subscriber, which termination shall not absolve the Subscriber N of its obligation to pay all Assessments past due, together with all accrued interest, CD calculated at 1.5% per month from the date the Assessment was originally due. o g. Terms of Subscriber Contracts. Snohomish County 911 may enter into contracts with Subscribers from time to time for the purpose of providing Emergency Communication Services and other services as provided herein. Subscriber contracts may provide for the same or different payment schedules and payment formulas as those which apply to Principals; provided that, a Subscriber which, at the time it determined to become a Subscriber, was qualified to become a Principal but elected not to, shall be subject to payment of a risk premium of not less than six percent of its annual User Fees, or such other greater amount as the Governing Board may determine. Revenues from such risk premium shall be placed in Snohomish County 911 reserves. Subscriber contracts shall provide that User Fees not paid when due by a Subscriber shall begin to accrue interest on the date the User Fee was originally due and shall continue until the User Fee is paid (together with all accrued interest) in full at the Federal Prime Rate plus 3%. Snohomish County 911 shall, within seven (7) business days of the due date, send notice to any delinquent Subscriber. In the event a Subscriber does not pay in full all User Fees plus accrued interest within six (6) months from the date of initial delinquency, the Governing Board may terminate services to such Subscriber. Any such termination shall not absolve the Subscriber of its obligation to pay any amounts owing to Snohomish County 911, including any accrued interest. h. Reserve Funds. The Governing Board shall establish capital and operating reserve funds or accounts at the times and in the amounts necessary to ensure funds are 23 Packet Pg. 47 7.3.a on hand to reasonably address planned and unforeseen capital and operating expenses and to minimize the need for large increases in Assessments and/or User Fees from year to year as a result of acquisition or replacement of capital assets or equipment, and to fund the timely replacement of aging technology, equipment and systems. SECTION 13. ISSUANCE OF DEBT. Except as otherwise provided in Section 5, Snohomish County 911 shall not have the power to issue obligations or to incur debt. However, it is anticipated that Snohomish County 911 may require capital funding from time to time to support facilities, technology and equipment needs. Bonds, notes or other evidences of indebtedness may be issued from time to time by one or more Participating Agencies or by another issuer pursuant to a D separate agreement between one or more Participating Agencies and Snohomish County 911 in order to provide capital financing for Snohomish County 911 on terms as agreed r upon by the parties thereto. The security and sources of payment for any such debt will be o determined at the time of issuance, which may include User Fees and/or capital U) contributions from the Principals. Any User Fees and/or capital contributions for such N purposes shall be approved by Supermajority Vote of the Governing Board. Further, in the CD event that any Principal is obligated to make a capital contribution, such obligation shall N be subject to approval by its legislative authority. o To the extent that any bonds or other debt is issued on a tax-exempt basis under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the Participating Agencies agree to not (1) make any use of the proceeds from the sale of such bonds or other debt that will cause the bonds or other debt to be "arbitrage bonds" within the meaning of the Code, or (2) act or fail to act in a manner that will cause the bonds or other debt to be considered obligations not described in Section 103(a) of the Code. Notwithstanding the foregoing, nothing in this Agreement shall be interpreted to amend or otherwise modify any terms or conditions of a separate agreement between a Participating Agency and Snohomish County (or other Participating Agency or Agencies) with respect to capital contributions, guarantees or the repayment of debt. SECTION 14. CONVERSION OF STATUS OF PARTICIPATING AGENCIES; ADDITION OF NEW PRINCIPALS OR SUBSCRIBERS; PROVISION OF ADDITIONAL SERVICE TO PRINCIPALS. a. As described in Sections 12.c and 12.f hereof, a Principal may be converted to Subscriber status for failure to approve its share of the budget or for nonpayment or delinquency in payment of User Fees. On the date of such conversion, said former Principal shall: 24 Packet Pg. 48 7.3.a lose its right to participate in a caucus for selecting a voting Governing Board member; ii. lose its right to receive a share of Snohomish County 911 assets upon dissolution of Snohomish County 911; iii. become subject to payment of User Fees in accordance with the then applicable User Fee formula for Subscribers; and iv. be bound by the terms of the applicable Subscriber service contract(s). The conversion of a Principal to Subscriber shall not discharge or relieve any Principal of its outstanding obligations to Snohomish County 911. b. A Principal may alternately elect to convert to Subscriber status effective the first day of the next budget period (whether Snohomish County 911 is operating under an annual or biennial budget) by giving notice of its intent to the Governing Board not less than nine (9) months in advance of such effective date. Such conversion shall be effective as proposed without further action of the Governing Board, barring any basis for terminating the Principal and action thereon by the Governing Board. C. A governmental entity otherwise meeting the qualifications of a Principal in Section 3 hereof may be admitted as a Principal of Snohomish County 911 upon Supermajority Vote of the Governing Board as required under Section 6.j. Similarly, a Subscriber may apply to the Governing Board to be converted to Principal status. As a condition of becoming a Principal, whether by conversion or new admission, the Governing Board may require payment or other contributions or actions by the new Principal as the Governing Board may deem appropriate, and may set such start date for service as it deems appropriate, it being the intention of this provision that the addition of new Principals shall not cause the then -current Participants to incur additional cost. Upon such conversion or new admission, such new Principal shall execute this Agreement or agree in writing to the term of this Agreement in its capacity as Principal and shall thereafter be subject to all provisions of this Agreement applicable to Principals. d. Notwithstanding anything to the contrary in this Agreement, an Associate Agency meeting the qualifications of a Principal may become a Principal effective the first day of the next budget year, without making any latecomer payment or contribution, upon giving notice of its intent to the Governing Board not less than nine (9) months in advance of such effective date. Such conversion shall be become effective on such date without further action of the Governing Board. 25 a� a a J r r Q1 0 z Cn Packet Pg. 49 7.3.a e. The determination of whether to accept new Subscribers shall be made by the Governing Board in a manner similar, and subject to such terms and conditions, as that for accepting new Principals, it being the intention that the addition of new Subscribers shall not cause pre-existing Participating Agencies to incur additional cost. f. A Principal wishing to receive service from Snohomish County 911 for an operating department in addition to a department already served by Snohomish County 911 may make application to the Governing Board in the same manner as, and be subject to such conditions and approvals as the Governing Board may deem appropriate for, an entity (other than an Associate Agency) seeking admission as a new Principal. SECTION 15. RETAINED POWERS OF PARTICIPATING AGENCIES. Each Participating Agency shall retain the responsibility and authority for its operational departments and for such equipment and services as are required at its place of operation to interconnect to Snohomish County 911's operations. Interconnecting equipment and services necessary to the provision of authorized Snohomish County 911 services may be funded through Snohomish County 911's budget and operational programs. SECTION 16. INVENTORY AND PROPERTY. Equipment, vehicles and furnishings for Snohomish County 911's operation shall be acquired as provided by law. If any Participating Agency provides equipment or furnishings for Snohomish County 911's use, title to the same shall rest with the respective local entity unless that equipment or furnishing is acquired by Snohomish County 911. The Executive Director shall maintain and bi-annually update an inventory of equipment and furnishings owned by, leased or temporarily assigned to Snohomish County 911, and the values thereof. In event of dissolution or termination of Snohomish County 911, assigned or loaned items shall be returned to the lending entity and all other items or funds derived from the sale thereof shall be distributed to Principals as described in Section 20. SECTION 17. WITHDRAWAL BY OR TERMINATION OF PRINCIPAL. a. Any Principal may withdraw its membership and terminate its participation in this Agreement by providing written notice and serving that notice on the Governing Board on or before June 30 in any year. After providing appropriate notice as provided in this Section, that Principal's membership withdrawal shall become effective on the last day of the calendar year following the year in which the notice is given. A Principal that has given notice of its intent to terminate must meet with the Executive Director or his or her designee to develop a departure plan. The departure plan is intended to ensure an orderly separation of the Principal from New Agency and ensure minimal disruption in 911 Calls response for the public. The departure plan may include the transfer of funds and equipment 26 Packet Pg. 50 7.3.a or other assets and must be approved by Simple Majority Vote of the Board. Notwithstanding anything herein to the contrary, Principals shall be prohibited from withdrawing their membership and terminating their participation in this Agreement during the Initial Term; provided, a Principal may give appropriate notice of its intent to withdraw pursuant to this Section during the Initial Term, and in such event that Principal's membership withdrawal shall become effective on the last day of the calendar year that coincides with the end of the Initial Term. b. Notwithstanding the foregoing, a Principal may be terminated at any time by action of the Governing Board for delinquencies of at least six (6) months in payment of Assessments and interest per Section 121 C. Time is of the essence in giving notice of termination and/or withdrawal. d. A terminating and/or withdrawing Principal is deemed to forfeit any and all rights it may have to Snohomish County 911's personal or real property, or any other ownership in Snohomish County 911, unless otherwise provided by the Governing Board; provided further that this forfeit of rights shall not apply to personal property on loan to Snohomish County 911 from the terminating or withdrawing Principal. e. The termination and/or withdrawal of a Principal shall not discharge or relieve any Principal of its outstanding obligations to Snohomish County 911. f. A Governing Board Member representing a Principal that (i) has given notice of withdrawal, or (ii) has been terminated by vote of the Governing Board which termination is effective at a future date, shall be authorized to cast votes at the Governing Board only on budgets items to be implemented prior to the withdrawal or termination date. SECTION 18. AMENDMENT OF AGREEMENT. The following terms of this Agreement may only be amended in writing after receipt of the approval of the legislative authorities of all Principals: a. Expansion of the scope of services provided by the Snohomish County 911 beyond the scope of Section 4. b. The composition of the Governing Board and terms of office as provided in Sections 6.a and 6.d. C. Voting rights of Governing Board Members. d. Powers of the Governing Board. 27 Packet Pg. 51 7.3.a e. Hold harmless and indemnification requirements. f. Provisions regarding duration, termination or withdrawal. g. The conditions of this Section. The parties to this Agreement acknowledge and agree that provisions in this Agreement that are not specifically identified in (a) through (g) above reflect the Principals' direction as to the initial operational and administrative policies and procedures to be implemented by the Governing Board. With the exception of the foregoing items that require affirmative N approval of the legislative authorities of all Principals, the parties to this Agreement authorize the Governing Board to modify this Agreement from time to time in order to carry out the corporate purposes of Snohomish County 911. Any such modification shall J be in writing and executed by the President of the Governing Board after providing not less r r than thirty (30) days' advance written notice to all Principals of such proposed o modification, and upon approval of a Supermajority Vote of the Governing Board. U) Nothing in this Section shall be construed to require legislative authority consent for the addition of a new Principal, conversion of an Associate Agency to a Principal, or agreement to serve an additional Subscriber. SECTION 19. MERGER, CONSOLIDATION OR SALE OF ALL OR SUBSTANTIALLY ALL ASSETS. Approval of the merger or consolidation of Snohomish County 911 with another entity, or the sale of all or substantially all assets of Snohomish County 911, shall require a Supermajority Vote of the Governing Board. SECTION 20. TERMINATION OF AGREEMENT; DISSOLUTION. a. Generally. This Agreement may be terminated upon the approval of a Supermajority Vote of the Governing Board. The termination shall be by direction of the Governing Board to wind up business by a date specified by the Governing Board, which date shall be at least one (1) year following the date of the vote to terminate. Upon the final termination date, this Agreement shall be fully terminated. b. Distribution of Property on Termination of Agreement. Upon termination of this Agreement, all property acquired during the life of this Agreement remaining in ownership of Snohomish County 911 shall be disposed of in the following manner: i. Real or Personal Property. All real or personal property purchased pursuant to this Agreement and all unexpended funds or reserve funds, net of all outstanding Snohomish County 911 liabilities, shall be distributed to those Packet Pg. 52 7.3.a Principals still participating in the Snohomish County 911 on the day prior to the termination date and shall be apportioned between Principals based on the ratio that the average of each Principals' contributions to the operating budget over the preceding five (5) years bears to the total of all then remaining Principals' User Fees paid during such five-year period. The Governing Board shall have the discretion to allocate the real or personal property and funds as it deems appropriate, and the apportionment, determined consistent with the preceding sentence, need not be exact. ii. Loaned Property. In the event of dissolution or termination of the w Snohomish County 911, assigned or loaned assets shall be returned to the lending a entity. D a J r iii. Allocation of Liabilities. In the event outstanding liabilities of the a, Snohomish County 911 exceed the value of personal and real property and funds z on hand, all Principals shall contribute to retirement of those liabilities in the same rn manner as which they would share in the distribution of properties and funds. le C. Notwithstanding the foregoing, this Agreement may not be terminated if to do so would abrogate or otherwise impair any outstanding obligations of the Snohomish County 911, unless provision is made for those obligations. SECTION 21. DISPUTE RESOLUTION. a. Whenever any dispute arises between a Principal or the Principals or between the Principals and the Snohomish County 911 (referred to collectively in this Section as the "parties") under this Agreement which is not resolved by routine meetings or communications, the parties agree to seek resolution of such dispute by the process described in this Section, which shall also be binding on Subscribers. b. The parties shall seek in good faith to resolve any such dispute or concern by meeting, as soon as feasible. The meeting shall include the President of the Governing Board, the Executive Director, and a representative(s) of the Principal(s), if a Principal(s) is involved in the dispute, and/or a person designated by the Subscriber(s), if a Subscriber(s) is involved in the dispute. C. If the parties do not come to an agreement on the dispute or concern, any party may request mediation through a process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations (whichever is mutually agreed to). The mediator(s) shall be mutually agreed upon and shall be skilled in the legal and business aspects of the subject matter of 29 Packet Pg. 53 7.3.a this Agreement. The parties shall share equally the costs of mediation and assume their own costs. SECTION 22. INSURANCE. The Governing Board, Executive Director, and Technical Advisory Committees shall take such steps as are reasonably practicable to minimize the liability of the Participating Agencies, including but not limited to the utilization of sound business practice. The Governing Board shall determine which, if any, insurance policies or self-insurance programs for governmental entities authorized in the State of Washington may be 0 w reasonably and practicably acquired to cover liability exposures and other potential losses a arising from the operations of the Snohomish County 911 and the activities of the parties D pursuant to this Agreement (which may include Directors and Officers, Commercial General Liability, Auto, Workers' Compensation, Stop Gap/Employer's Liability, errors and omissions, crime/ fidelity insurance, CyberRisk, property damage or loss), and shall 0 z direct the acquisition of same. U) SECTION 23. INDEMNIFICATION AND HOLD HARMLESS. a. Each Principal shall defend, indemnify and hold other Principals, their officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of that Principal's negligent acts or omissions in connection with the performance of its obligations under this Agreement, except to the extent the injuries or damages are caused solely by the acts of a Principal; provided, that if any such Claim is based on the concurrent negligence of more than one Principal, then the indemnifying party's obligation hereunder applies only to the extent of its negligence. b. Each Principal shall defend, indemnify and hold the Snohomish County 911 and its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of that Principal's negligent acts or omissions in connection with the performance of its obligations under this Agreement, except to the extent the injuries and damages are caused solely by the acts of the Snohomish County 911; provided, that if any such Claim is based on the concurrent negligence of Snohomish County 911 and Principal, then the indemnifying party's obligation hereunder applies only to the extent of its negligence. C. As provided in its Articles, the Snohomish County 911 shall defend, indemnify and hold each Principal its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of the Snohomish County 91l's acts or omissions in connection with the 30 Packet Pg. 54 7.3.a performance of its obligations under this Agreement, except to the extent the injuries and damages are caused solely by the acts of any Principal;; provided, that if any such Claim is based on the concurrent negligence of Snohomish County 911 and a Principal, then the indemnifying party's obligation hereunder applies only to the extent of its negligence. d. The Snohomish County 911 will hold harmless, indemnify and defend its officers, officials, employees and volunteers from any and all legal liability, claims or lawsuits of any kind for injuries, damages, losses of any kind occurring to another, including attorney fees, which may arise out of the good faith performance of their duties to the Snohomish County 911 and performed in the scope of their employment or service w to the Snohomish County 911, except to the extent the injuries, losses and/or damages are a caused by the intentional and knowing wrongful acts of any of the Snohomish County D a 911's officers, officials, employees or volunteers. J r r Q1 e. Subscribers shall be required to agree to indemnify and hold harmless each z m Principal and the Snohomish County 911, their officers, officials, employees and rn volunteers from any and all claims, injuries, damages, losses or suits including attorney c fees, arising out of Subscriber's negligent acts or omissions in connection with the receipt N 0 of services from Snohomish County 911. To such degree as the Governing Board N determines to be reasonable, appropriate, and consistent with applicable law and to be in the best interests of Snohomish County 911, Snohomish County 911 may also indemnify and hold harmless Subscribers. f. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of a party hereto and the Snohomish County 911, its officers, officials, employees, and volunteers, the party's liability hereunder shall be only to the extent of the parry's negligence. It is further specifically and expressly understood that the indemnification provided in this Section constitutes the parry's waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section shall survive the expiration or termination of this Agreement. g. Each parry shall give the other parties proper notice as provided herein of any claim or suit coming within the purview of these indemnities. Termination of this Agreement, a Principal's withdrawal from the Snohomish County 911, or a Principal's conversion to Subscriber status (collectively for purposes of this subparagraph "Termination"), shall not affect the continuing obligations of each of the parties as indemnitors hereunder with respect to those indemnities and which shall have occurred prior to such Termination. 31 Packet Pg. 55 7.3.a SECTION 24. INTERGOVERNMENTAL COOPERATION. The Snohomish County 911 shall cooperate with local, state and federal governmental agencies in order to maximize the utilization of any grant funds for equipment and operations and to enhance the effectiveness of the Snohomish County 911's operations and minimize costs of service delivery. SECTION 25. NOTICE. Notices required to be given to Snohomish County 911 under the terms of this Agreement N shall be directed to the following unless all Principals are otherwise notified in writing: a President of the Governing Board and Executive Director, Snohomish County 911 a c/o Snohomish County 911 J r 1121 S.E. Everett Mall Way, Suite 200 0 Everett, WA 98208 Z Notices to Principals, Subscribers, Associate Agencies, Governing Board Members or Representatives required hereunder may be given by mail, overnight delivery, facsimile or email, or personal delivery. Each Principal shall provide the President of the Governing Board written notice of the address for providing notice to said Principal. Any Principal wishing to change its mail or email address shall promptly notify the President of the Governing Board. Notice or other written communication shall be deemed to be delivered at the time when the same is postmarked in the mail or overnight delivery services, sent by facsimile or email (with confirmation of transmission), or received by personal delivery. SECTION 26. COMPLIANCE WITH LAWS. During the term of this Agreement, the parties hereto agree to comply with all federal, State, and local laws as necessary to carry out the terms of this Agreement. Further, to the extent that any Emergency Communication Services and/or Additional Services involve the retention, security, confidentiality or other handling of certain "protected" health information under the federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations thereunder by the U.S. Department of Health and Human Services and other applicable laws including chapter 70.02 RCW, the Washington Uniform Health Care Information Act, as amended, the parties agree to comply with such laws and execute documents as necessary to implement the requirements under such laws. 32 Packet Pg. 56 7.3.a SECTION 27. VENUE. The venue for any action related to this Agreement shall be in the Superior Court in and for Snohomish County, Washington at Everett, Washington, or if applicable, in Federal District Court, Western District of Washington. SECTION 28. NO THIRD PARTY BENEFICIARIES. There are no third -party beneficiaries to this Agreement. No person or entity other than a party to this Agreement shall have any rights hereunder or any authority to enforce its provisions, and any such rights or enforcement must be consistent with and subject to the terms of this Agreement. In addition to the foregoing, nothing in this Agreement is intended to create a special relationship or other basis for third party liability. SECTION 29. SEVERABILITY. The invalidity or any clause, sentence, paragraph, subdivision, section or portion of this Agreement shall not affect the validity of the remainder of this Agreement. SECTION 30. RATIFICATION. All prior acts taken by the Principals and Snohomish County 911 consistent with this Agreement are hereby ratified and confirmed. SECTION 31. EXECUTION, COUNTERPARTS, AMENDMENT AND RESTATEMENT OF ORIGINAL AGREEMENT, AND EFFECTIVE DATE. The Original Agreement was executed on behalf of each Principal by its duly authorized representative following approval of the Original Agreement by motion, resolution or ordinance of its legislative authority. Pursuant to the terms of the Original Agreement and except for certain amendments as provided in Section 18 of the Original Agreement, the Original Agreement may be amended from time to time by Supermajority Vote of the Governing Board of Snohomish County 911 without further approval of legislative authorities of the Principals. Pursuant to Section 4, Section 6.j and Section 18 of the Original Agreement, after giving 30 days' notice to each Principal as required by Section 18 of the Original Agreement, the Governing Board of Snohomish County 911, by Supermajority Vote of its Principals, authorized the amendment and restatement of the Original Agreement by the execution and delivery of this Agreement. This Agreement shall be deemed adopted and effective as ofApril 'vvvv yy, June 20, 2024, and as of such date, this Agreement shall control the operations and governance 33 Packet Pg. 57 7.3.a of Snohomish County 911. This Agreement shall be filed and/or posted as required by chapter 39.34 RCW. This Agreement shall be executed by the President of the Governing Board, and attested to by the Secretary of the Governing Board. IN WITNESS WHEREOF, this Agreement shall be effective as of the date set forth above. Snohomish County 911 w R a a J r r By: p Jon Nehring Cn Board President M Attest: By: Terry Peterson Board Secretary Approved as to Form: By: Attorney for Snohomish County 911 34 Packet Pg. 58 7.3.a EXHIBIT A Process for Selecting Governing Board Members and Alternates Govemine Board Member-s shall be seleeted as seen as iffaetieable' flet fie later- than Six", 13 _ i 202229M, Governing Board Members are selected every two (2) years in April, through the process described below. If not defined in this Exhibit A, capitalized terms have the meaning stated in the Agreement. As used in this Exhibit A: • Population Served means the residential population of all territory Directly Served by a Principal Police Agency or Fire Agency, according to the most recent annual report issued by the State Office of Financial Management each year determining the population of each jurisdiction. • Administration and Technology Cost Center means all costs allocated to this cost center that are not otherwise attributed to another cost center as defined in Exhibit B. Step 1. Police Agencies are divided into four (4) caucuses a. Rank each Police Agency by the pro rata share of the Administration and Technology Cost Center for each Police A2ency from smallest to largest, provided, however, that to avoid double counting, Population Served shall be based on the population for which the Police Agency has general policing responsibilities; contracts for special services (such as bomb squad or SWAT responses only) are not included in the calculation of Population Served. b. Snohomish County shall be its own caucus (until and unless it is no longer the largest Police Agency in terms of Population Serweapro rata share of the Administration and Technology Cost Center, in which case all four caucuses shall be determined as per Subsection c below). c. The remaining Police Agencies shall be divided into three roughly equal caucuses based on Popula4ion Sen,e pro rata share of the Administration and Technology Cost Center, starting from the smallest Police Agency and working up to agencies serving more population. In deciding where to divide caucuses, the following rules shall apply: M 10156 99999 hg108542r9 Packet Pg. 59 7.3.a i. —No Police Agency shall be divided into two caucuses. ii. Caucuses with the smallest agencies (the two caucuses with three Governing Board Member seats, referred to as Small and Medium Police Agencies on the Police Agencies Table below) shall be sized by rounding up (exceeding the pepula4ien tafgetpKQ-rata share tar et to the extent necessary to completely include the get pepu}atienpro rata share target and not divide any Police Agency between caucuses), and the larger Police Agency caucus (two Governing Board Member seats, referred to as Next Largest Police Agencies in the Police Agencies Table below) shall be rounded down. Step 2. Fire Agencies are divided into three (3) caucuses a. Rank each Fire Agency by Population Served, from the smallest to the largest, provided, however, that to avoid double counting, Population Served shall be based on fire suppression responsibility; contracts for limited services (such as BLS/ALS response/transport) are not included in the calculation of Population Served. b. Divide the Fire Agencies into three (3) caucuses based on whether they are small, medium or large agency, defined as follows: i. A Large Fire Agency is defined as an agency serving 14% or more of the total Population Served by all Fire Agencies. ii. A Medium Fire Agency is defined as an agency serving more than 3% and less than 14% of the total Population Served by all Fire Agencies. iii. A Small Fire Agencies is defined as an agency serving 3% or less of the total Population Served by all Fire Agencies. Step 3. Each Caucus selects Board Members a. In April, designated representatives from each Principal in each Police Agency caucus and each Fire Agency caucus shall meet together and select Governing Board Members to represent them on the Governing Board for the next two- year term. Caucuses may determine their own rules for nominating and selecting Governing Board Members, provided that the following rules shall apply: i. Representatives to the caucus shall be designated by the legislative body of the Principal they represent (or by such other person as local codes may require). Designated representatives must be qualified to serve as a Governing Board Member. A-2 10156 99999 hg108542r9 Packet Pg. 60 7.3.a ii. An individual need not attend the caucus in order to be selected as a Governing Board Member, so long as the person otherwise meet the qualifications of a Governing Board Member. iii. Each Principal within a caucus shall have an equal vote in selecting each Governing Board Member. iv. Any Principal who has designated more than one representative to the caucus, and is unable to unanimously decide where to place their vote, at the time the vote is called, shall forfeit their vote. V. Voting by proxy will not be allowed. vi. No Principal may have an elected official or staff member hold more than one (1) Governing Board seat in a single caucus unless there are more seats than Principals in the caucus. vii. The Secretary shall record the votes of the caucus, Eae � a ' J submit awritten statement to the Seer-etar-y f Snohomish CourAy 911, T signed by not loss thafl half of theeatietts'tati es »�.,t4ie;,.,., i � r 0 0 0�� in the meeting, --confirming the individuals to whom the caucus's z Board seats are to be allocated for the next term of office. This record w shall be included in the next regularly scheduled board meeting le CD packet. N Eb.The number of Governing Board Members to be selected by each caucus shall be as follows: Police Agencies (10 Board Members Caucus 1: Largest Agencies (Currently 2 Governing Board Members, one of Snohomish County is the only member) which must be the County Sheriff or an assistant or deputy sheriff directly reporting to the Sheriff — unless or until the County is no longer the Largest Policy Agency (in terms of Population Served), in which case the two board members shall be selected as per Caucus 2. A-3 10156 99999 hg108542r9 Packet Pg. 61 7.3.a Caucus 2: Next Largest Police Agencies 2 Governing Board Members, of which one must be operational staff and one must be an elected official Caucus 3: Medium Police Agencies 3 Governing Board Members, of which one must be an operational staff and one must be an elected official Caucus 4: Small Police Agencies 3 Governing Board Members, of which one must be an operational staff and one of must be an elected official Fire Agencies (5 Board Members) Caucus 1: Large Fire/EMS Agencies 3 Governing Board Members Caucus 2: Medium Fire/EMS Agencies 1 Governing Board Member Caucus 3: Small Fire/EMS agencies 1 Governing Board Member Step 4. Each Caucus Selects a Slate of Designated Alternates, in Priority Order. a. Each caucus shall select a slate of designated alternates in a number equal to the number of Governing Board seats allocated to that caucus. b. Each caucus shall prioritize its alternates to determine the order in which the alternates are called upon to participate at a Governing Board meeting in the event of an absence of any Governing Board member representing the caucus. Caucuses may determine their own rules for nominating and selecting Board Alternates, provided that the rules set forth in Step 3.a for selecting of Board Members shall apply. Vacancies Any vacancies shall be promptly filled by the appointing caucus, which shall meet either in person or telephonically to select a replacement Board Member and/or Alternate to serve A-4 10156 99999 hg108542r9 Packet Pg. 62 7.3.a the remainder of the vacant position's unexpired term. Such selection process shall be subject to the rules outlined in Step 3. A-5 10156 99999 hg108542r9 Packet Pg. 63 7.3.a EXHIBIT B Principal Assessment Formula Assessments are calculated and charged separately for each Emergency Communications Service provided for each Principal that has elected to receive such service. A Principal that has elected to receive both Police and Fire/EMS Emergency Communications Services will pay one Assessment for service to its Police agency and one Assessment for service to its Fire/EMS agency. A Principal that has elected to receive only police or Fire/EMS Emergency Communications Services from Snohomish County 911 only pays an Assessment for the service so received. Capitalized terms used in Exhibit B not defined in this Exhibit B have the meaning set forth in the body of the Interlocal Agreement. Description of the formula to derive Assessments for individual Principals. Step 1: Divide the Net Adopted Budget into four cost pools: • Administration ;and Technology, and Wireless T-eehnology • Call Takers • Police Dispatch • Fire Dispatch The costs allocable to each cost pool are further defined below (see "Definitions") Step 2: Apply Revenues to cost pools according to the following guidelines: • E-911 Tax Revenues will first be applied to offset all costs associated with the Call Takers cost pool. Any E-911 Tax Revenues over and above the amount necessary to fund all costs in the Call Takers cost pool will be applied to fund permissible costs for such revenues within the Administration, Technology, and Wireless Technology cost pool. • Emergency Communications and Facility Tax Revenues will be applied to fund permissible costs for such revenues within the Administration, Technology, and Wireless Technology cost pool. Revenues that exceed the Administration, Technology, and Wireless Technology cost pool will be applied to member assessments using the formula assigned to this cost pool. • The portion of Subscriber Contract revenues attributable to all Emergency Communications Services except revenues attributable to the Wireless Technology cost pool will be applied to the Police Dispatch and/or Fire Dispatch cost pool, based on the services billed to the Subscriber. For example, revenues from a Subscriber contract for Emergency Communications Services with the Stillaguamish Tribe to service its Police Agency will be applied to reduce the size of the Police Dispatch cost pool, except for any increment of such revenue charged for Wireless Technology cost pool items. ME 10156 99999 hg108542r9 Packet Pg. 64 7.3.a • The portion of any Subscriber Contract revenues attributable to Radio System services will be applied to the Administration, Technology, and Wireless Technology cost pool, including but not limited to any revenues attributable to cell tower leases and other non -Assessment revenue attributable to the Radio System. • Additional Services revenues will be applied to the Administration and Technology, Police Dispatch, Fire Dispatch, and/or Wireless Technology cost pool, based upon where the costs of those services are allocated. Step 3: Divide the Administration and Technology, Call Taker, Police Dispatch and Fire Dispatch cost pools between Police Agencies and Fire Agencies: • Amounts in the Administration and Technology cost pool will be divided based on the ratio of dispatch workstations assigned to each service (initially, 8 police dispatch stations and 5 fire stations) • Police 62% • Fire 38% If the Board approves deployment of an additional dispatch work station to serve Police or Fire Agencies, this ratio will automatically change (the change is not considered a formula change requiring Governing Board approval). • Amounts in the Call Taker cost pool will be divided based on a ratio that reflects an assessment of actual time spent by call takers processing each type of call: • Police 75% • Fire 25% A change in this ratio requires Supermajority Vote of the Governing Board. • Calculate a Cost per Console by dividing total Police Dispatch and Fire Dispatch Costs by the total number of dispatch stations. • Amounts in the Police Dispatch cost pool are allocated to Police Agencies and are further separated out on a Cost -per -Console basis as between Shared Dispatch Station costs and Dedicated Dispatch Station costs. (In 2017, of the 8 Initial Police Dispatch stations, 5 were shared and 3 were dedicated1 to Marysville Police, and 2 to Everett Police). • Amounts in the Fire Dispatch cost pool are allocated to Fire Agencies and are further separated out on a Cost -per -Console basis as between Shared Dispatch Station costs and Dedicated Dispatch Station costs (In 2017, there were 5 Shared Dispatch Stations in the Fire Dispatch cost pool and no Dedicated Dispatch Stations). C w R a a J r r Q1 0 z Cn 10156 99999 hg108542r9 Packet Pg. 65 7.3.a Step 4: Allocate costs to individual Principals, calculating Fire and Police Agency assessments separately as follows: • Police Agency Principal Assessments: 1. Calculate the sum of costs allocated to all Police Agencies in the Administration and Technology Cost pool plus the Call Taker cost pool, and subtract Police Agency Subscriber contract revenues. Allocate the resulting total amount between all Police Agency Principals based on the Shared Cost Allocation Calculation. The total Police Agency Principal Assessment for any individual Principal is this amount plus the individual dispatch cost allocation derived from either item 2 or 3 below as applicable to the individual Principal: 2. For Principal Police Agencies assigned to Shared Police Dispatch stations: Each such Principal is allocated a shared of all Shared Police Dispatch Station costs based on the Shared Cost Allocation Calculation. 3. For Principal Police Agencies with Dedicated Police Dispatch stations: Each such Principal is allocated a cost equivalent to the Cost per Console multiplied by the number of dedicated Police Dispatch stations for which they have contracted. • Fire Agency Principal Assessments: 1. Calculate the sum of costs allocated to all Fire Agencies in the Administration and Technology Cost pool plus the Call Taker cost pool, and subtract Fire Agency Subscriber contract revenues. Allocate the resulting total amount between all Fire Agency Principals based on the Shared Cost Allocation Calculation. The total Fire Agency Principal Assessment for any individual Principal is this amount plus the individual dispatch cost allocation derived from either item 2 or 3 below as applicable to the individual Principal. 2. For Principal Fire Agencies assigned to Shared Fire Dispatch stations: Each such Principal is allocated a shared of all Shared Fire Dispatch Station costs based on the Shared Cost Allocation Calculation. 3. For Principal Fire Agencies with Dedicated Fire Dispatch stations: Each such Principal is allocated a cost equivalent to the Cost per Console multiplied by the number of dedicated Fire Dispatch stations for which they have contracted. w a a J r r o� 0 z Cn 10156 99999 hg108542r9 Packet Pg. 66 7.3.a • Shared Cost Allocation Calculation: Take the total sum to be allocated and divide it up based on three different factors: 1. 54% of total costs are allocated based on the percentage share of a Principal's Calls for Service as compared to total Calls for Service of all such agencies (police or fire —including Principals and Subscribers). Calls for Service shall be calculated as an annual average based on the most recent 8 calendar quarters (see definition of Call Calculation Period). 2. 23% of costs are allocated based on the percentage share of a Principal's Assessed Value as compared to the total Assessed Value of all such agencies (police or fire, Principals and Subscribers). 3. 23% of costs are allocated based on the percentage share of a Principal's Population Served as compared to the total Population of all such agencies (police or fire, Principals and Subscribers). Principals who were "SERS Phase II" agencies and have a contract with Snohomish County whereby the Principals remit operations and maintenance expenses for SERS to the County to be passed through to SERS will continue to pay operation and maintenance expense of the Radio System under such existing agreements until such agreements are modified to permit direct payment of these charges, or such until such agreements expire, whichever is first. DEFINITIONS Fire Agency or Fire Agencies: unless expressly noted otherwise, in this Exhibit these terms include both Principals and Subscribers Directly Providing fire and medical services that are Directly Served by Snohomish County 911. Police Agency or Police Agencies: unless expressly noted otherwise, in this Exhibit these terms include both Principals and Subscribers Directly Providing police services that are Directly Served by Snohomish County 911. Cost -Per -Console Total labor costs to staff all police and fire dispatch consoles divided by the number of consoles. Net Adopted Budget means the budget approved by the Governing Board after action by all individual Principals, applicable in the time period for which the Assessment is payable, less Other Revenues. Other Revenues mean revenues received by Snohomish County 911 from sources other than User Fees, E-911 tax revenues and Additional Services, including without limitation Associate Agency fees, other miscellaneous revenues, grants, or awards that may be available from time to time to offset the operating and capital costs of Snohomish County 911. a� a a J r r o� 0 z Cn 10156 99999 hg108542r9 Packet Pg. 67 7.3.a Administration and Technology, Costs include all costs associated with providing the supervision, management, facilities costs, insurance, reserve contributions, etc., of running the public safety dispatch center and technologies including wireless technologies, and all other expenditures in the Net Adopted Budget not included in the definition of Call Taker Costs and Dispatch Costs. Call Taker Costs include all labor costs associated with the prescribed number of operational staff assigned to staff the call taking function. Police Dispatch Costs include all labor costs associated with the prescribed number of operational staff assigned to all dispatch workstations designated for serving Police Agencies. Fire Dispatch Costs include all labor costs associated with the prescribed number of operational staff assigned to all dispatch workstations designated for serving Fire Agencies. Shared Dispatch Stations are dispatch stations that not dedicated by agreement (as opposed to workload allocation) to serve a single Principal or Subscriber. Dedicated Dispatch Stations are dispatch stations that are dedicated by agreement to serve a single Principal or Subscriber. Labor Costs are direct costs of salary and benefits. E-911 tax revenues mean revenues received by Snohomish County 911 from Snohomish County pursuant to State law. Calls for Service are defined on Appendix B-1, provided that until Snohomish County 911 has been in operation for more than three years, the calculation of the number of Calls for Service shall be determined in whole or in part (to the extent necessary to determine the two-year average number of calls for service) based on the number of Calls for Service by each Charged Operation as reported by the records of the dispatch agency previously serving each Charged Operation, and consistent with the definition of Calls for Service in Appendix B-1. Charged Operation refers to an individual Principal's fire/EMS agency/operation, being charged under the Assessment formula. The Call Calculation Period is defined as the first calendar quarter of the preceding budget year, and the 7 calendar quarters preceding that. (For example, in 2019, the Call Calculation Period be the first quarter of 2018, plus the preceding 7 calendar quarters —all of 2017, and the last three quarters of 2016). Population Served has the meaning set forth in Exhibit A. 10156 99999 hg108542r9 Packet Pg. 68 7.3.a Assessed Value is the Assessed Value of taxable real property in an individual Principal or Subscriber's or Snohomish County 911 Service Territory for the Charged Operation (as applicable) for the most recently available tax year, as published by the State Office of Financial Management or Snohomish County Assessor. "Service Area" means the geographic area of all territory Directly Served by a Principal Police Agency or Fire Agency, with the County's Service Area excluding incorporated areas that are Directly Served by another Police Agency. i 10156 99999 hg108542r9 Packet Pg. 69 7.3.a Appendix B-1 Definition of "Calls for Service" The purpose of this Exhibit is to define Calls for Service for purposes of billing/funding calculations. Snohomish County 911 will bill each Principal based on the User Fee formula, which incorporates consideration of Calls for Service as defined in this Exhibit. Section 1. Call for Service Defined: Snohomish County 911 defines a Call for Service for workload analysis and User Fee calculation as any request for service or unit initiated activity resulting in creation of a Computer Aided Dispatch System (CAD) incident that requires oversight by or interaction with Snohomish County 911 personnel, with the exception of the following: J r a. Any mutual aid incident where another Snohomish County 911 Principal within o the same classification (police/fire/medic) is dispatched as the primary responding z agency. For example, a police department that responds into another police Cn o) department's jurisdiction to provide assistance does not constitute a Call for Service N charged to the mutual aid responder. However, an incident involving both police N and fire/EMS would result in a Call for Service for both classifications. Similarly, CD N any mutual aid request dispatched to a location outside the Snohomish County 911 0 service area shall not constitute a Call for Service. b. Any incident that is a duplicate of another Call for Service, or associated with another Call for Service. For example, multiple calls about a single brush fire incident will result in only one Call for Service for the fire/EMS responder. C. Any incident that is cancelled by Snohomish County 911 personnel due to an error or similar internal reasons. This does not include "cleared incidents ", which are incidents that are cancelled when the requesting party calls back to cancel the response after the incident has been entered into CAD. d. Any informational broadcast including but not limited to CAD entries type codes of NOTICE, NOTICEP & INFO. Any informational incident used for tracking non police or Fire/EMS activity created by dispatchers solely for the purpose of assisting the dispatcher in tracking such activity, for example, utility call -outs. Section 2: Assignment of CFS: As a general rule, CAD incidents are assigned to a Principal when the incident occurs within its authorized dispatch area (geo-verified location) and service discipline (Police/Fire) with the following exceptions: a. Transit, Fire Marshall, Narcotics Task Force: these incidents are assigned to the responsible countywide agency regardless of location. B-1-1 10156 99999 hg108542r9 Packet Pg. 70 7.3.a b. Traffic Stops: assigned to the initiating agency. c. Non-geo verified incidents, in County: assigned to initiating agency. If there are significant anomalies in the manner calls have been measured by SNOCOM and SNOPAC, those anomalies shall be adjusted in a manner determined reasonable by the Governing Board (Supermajority Vote item) in order to develop a fair means for determining the number of calls across all agencies. N d r Q Q J 0 Z CO B-1-2 10156 99999 hg108542r9 Packet Pg. 71 7.3.a EXHIBIT C Principals and Associate Agencies of Snohomish County 911 PRINCIPALS: SNOHOMISH COUNTY CITY OF ARLINGTON CITY OF BRIER CITY OF EDMONDS CITY OF EVERETT CITY OF LAKE STEVENS CITY OF LYNNWOOD CITY OF MARYSVILLE CITY OF MILL CREEK J CITY OF MONROE r CITY OF MOUNTLAKE TERRACE o, CITY OF MUKILTEO z CITY OF WOODWAY Cn MARYSVILLE FIRE DISTRICT N NORTH COUNTY REGIONAL FIRE AUTHORITY SNOHOMISH REGIONAL FIRE AND RESCUE c SNOHOMISH COUNTY FIRE DISTRICT NO.4 = SNOHOMISH COUNTY FIRE DISTRICT NO. 5 SNOHOMISH COUNTY FIRE DISTRICT NO. 15 SNOHOMISH COUNTY FIRE DISTRICT NO. 16 w 0 SNOHOMISH COUNTY FIRE DISTRICT NO. 17 N SNOHOMISH COUNTY FIRE DISTRICT NO. 19 a, SNOHOMISH COUNTY FIRE DISTRICT NO. 21 v SNOHOMISH COUNTY FIRE DISTRICT NO. 22 v SNOHOMISH COUNTY FIRE DISTRICT NO. 23 Q J SNOHOMISH COUNTY FIRE DISTRICT NO. 24 SNOHOMISH COUNTY FIRE DISTRICT NO. 25 0 SNOHOMISH COUNTY FIRE DISTRICT NO. 26 N SNOHOMISH COUNTY FIRE DISTRICT NO. 27 SNOHOMISH COUNTY FIRE DISTRICT NO. 28 a F-1 Packet Pg. 72 7.3.a ASSOCIATE AGENCIES: CITY OF DARRINGTON CITY OF GOLD BAR CITY OF GRANITE FALLS CITY OF SNOHOMISH CITY OF STANWOOD CITY OF SULTAN F-2 Packet Pg. 73 7.4 City Council Agenda Item Meeting Date: 05/28/2024 Approval of claim checks and wire payment. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #262617 through #262712 dated May 16, 2024 for $365,888.41 and wire payment of $22,725.81. Staff Recommendation Approval of claim checks and wire payment. Narrative The Council President shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or warrants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting. Attachments: Claim cks 05-16-24 Agenda copy Packet Pg. 74 7.4.a apPosPay Positive Pay Listing Page: 1 5/16/2024 10:14:30AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 262617 5/16/2024 1,347.71 065052 AARD PEST CONTROL 262618 5/16/2024 103.87 000135 ABSCO ALARMS INC 262619 5/16/2024 3,397.88 000850 ALDERWOOD WATER DISTRICT 262620 5/16/2024 164,046.16 001528 AM TEST INC 262621 5/16/2024 185.00 079536 AMANDA HOUGH 262622 5/16/2024 1,400.00 001777 AURORA PLUMBING & ELECTRIC 262623 5/16/2024 43.32 070305 AUTOMATIC FUNDS TRANSFER 262624 5/16/2024 3,996.08 028050 BILL PIERRE FORD INC 262625 5/16/2024 195.22 074307 BLUE STAR GAS 262626 5/16/2024 1,159.70 072571 BUILDERS EXCHANGE 262627 5/16/2024 215.50 073029 CANON FINANCIAL SERVICES 262628 5/16/2024 743.08 069813 CDW GOVERNMENT INC 262629 5/16/2024 5,001.94 003510 CENTRAL WELDING SUPPLY 262630 5/16/2024 291.05 066134 CITY OF ARLINGTON 262631 5/16/2024 316.10 035160 CITY OF SEATTLE 262632 5/16/2024 32.73 079578 CLONEY, SHEILA 262633 5/16/2024 94.74 064369 CODE PUBLISHING LLC 262634 5/16/2024 701.13 078902 COLEMAN OIL COMPANY LLC 262635 5/16/2024 39,703.71 070323 COMCAST BUSINESS 262636 5/16/2024 54.94 071417 CORE & MAIN LP 262637 5/16/2024 706.91 065683 CORRY'S FINE DRY CLEANING 262638 5/16/2024 183.75 079077 D & D CARPET CLEANING LLC 262639 5/16/2024 5,939.38 079013 DEALERSHIP GLASS AUTO GLASS 262640 5/16/2024 88.28 046150 DEPARTMENT OF LABOR & INDUSTRY 262641 5/16/2024 50.00 006626 DEPT OF ECOLOGY 262642 5/16/2024 85.00 064531 DINES, JEANNIE 262643 5/16/2024 1,256.00 065739 DTG RECYCLE 262644 5/16/2024 105.32 007253 DUNN LUMBER 262645 5/16/2024 1,096.26 076610 EDMONDS HERO HARDWARE 262646 5/16/2024 311.33 008705 EDMONDS WATER DIVISION 262647 5/16/2024 1,445.62 008812 ELECTRONIC BUSINESS MACHINES 262648 5/16/2024 447.79 075505 ENGINEERED PROCESS CONTROLS 262649 5/16/2024 2,775.55 009350 EVERETT DAILY HERALD 262650 5/16/2024 106.64 009815 FERGUSON ENTERPRISES INC 262651 5/16/2024 2,476.97 072138 FUELCARE INC 262652 5/16/2024 661.07 072634 GCP WW HOLDCO LLC 262653 5/16/2024 119.21 075082 GOUDA INCORPORATED 262654 5/16/2024 4,530.00 012199 GRAINGER 262655 5/16/2024 259.47 074722 GUARDIAN SECURITY SYSTEMS 262656 5/16/2024 69.53 078923 HKA GLOBAL INC 262657 5/16/2024 13,475.00 076240 HM PACIFIC NORTHWEST INC 262658 5/16/2024 664.41 067862 HOME DEPOT CREDIT SERVICES 262659 5/16/2024 1,800.13 076614 HOUSING AUTHORITY OF SNO CO 262660 5/16/2024 5,880.00 060165 HWA GEOSCIENCES INC 262661 5/16/2024 2,445.00 073518 INNOVYZE LLC 262662 5/16/2024 5,667.55 079573 JUVVAL TECH LLC 262663 5/16/2024 2,400.00 076475 JVP LEGAL TRANSLATION SERVICES 262664 5/16/2024 314.65 072650 KCDA PURCHASING COOPERATIVE 262665 5/16/2024 232.26 074263 LYNNWOOD WINSUPPLY CO 262666 5/16/2024 705.96 075716 MALLORY PAINT STORE INC 262667 5/16/2024 68.44 020039 MCMASTER-CARR SUPPLY CO 262668 5/16/2024 104.39 072833 MVP 262669 5/16/2024 994.50 Page: 1 Packet Pg. 75 apPosPay Positive Pay Listing 5/16/2024 10:14:30AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 018950 NAPA AUTO PARTS 262670 5/16/2024 31.44 024302 NELSON-REISNER 262671 5/16/2024 290.51 079577 NORTHWESTERN UNIVERSITY 262672 5/16/2024 5,995.00 070797 NRC ENVIRONMENTAL SERVICES INC 262673 5/16/2024 4,127.34 079572 NUTT, ANDREW 262674 5/16/2024 756.50 072739 O'REILLYAUTO PARTS 262678 5/16/2024 146.02 076902 OCCUPATIONAL HEALTH CTR OF WA 262675 5/16/2024 246.00 070166 OFFICE OF THE STATE TREASURER 262676 5/16/2024 16,288.10 063750 ORCA PACIFIC INC 262677 5/16/2024 1,170.98 002203 OWEN EQUIPMENT COMPANY 262679 5/16/2024 191.45 079255 PACIFIC COAST SURVEYS INC 262680 5/16/2024 3,750.00 075735 PACIFIC SECURITY 262681 5/16/2024 4,920.08 069873 PAPE MACHINERY INC 262682 5/16/2024 800.61 028860 PLATT ELECTRIC SUPPLY 262683 5/16/2024 149.75 064167 POLLARD WATER 262684 5/16/2024 458.46 029117 PORT OF EDMONDS 262685 5/16/2024 4,567.65 061540 REPUBLIC SERVICES #197 262686 5/16/2024 1,839.72 079174 SAVANNAH POWERS 262687 5/16/2024 465.50 066964 SEATTLE AUTOMOTIVE DIST INC 262688 5/16/2024 208.04 065977 SERVICE ELECTRIC COMPANY INC 262689 5/16/2024 687.95 079574 SKETCHER PRESS LLC 262690 5/16/2024 650.00 036955 SKY NURSERY 262691 5/16/2024 269.09 075628 SNO CO DEPT OF EMERG MGMT 262692 5/16/2024 14,876.50 037801 SNO CO HUMAN SERVICE DEPT 262693 5/16/2024 3,201.19 037375 SNO CO PUD NO 1 262694 5/16/2024 6,024.49 006630 SNOHOMISH COUNTY 262695 5/16/2024 881.00 070167 SNOHOMISH COUNTY TREASURER 262696 5/16/2024 207.61 038410 SOUND SAFETY PRODUCTS 262697 5/16/2024 742.52 065578 SYSTEMS INTERFACE INC 262698 5/16/2024 1,539.37 040917 TACOMA SCREW PRODUCTS INC 262699 5/16/2024 955.68 065459 THE HERALD SUBSCRIPTION 262700 5/16/2024 302.40 072649 THE WIDE FORMAT COMPANY 262701 5/16/2024 232.05 038315 TK ELEVATOR CORPORATION 262702 5/16/2024 2,532.99 070774 ULINE INC 262703 5/16/2024 722.33 067865 VERIZON WIRELESS 262704 5/16/2024 27.34 069751 VESTIS 262705 5/16/2024 130.30 069751 VESTIS 262706 5/16/2024 280.06 071424 WASHINGTON ENERGY SERVICES 262707 5/16/2024 59.20 065035 WASHINGTON STATE PATROL 262708 5/16/2024 214.25 067195 WASHINGTON TREE EXPERTS 262709 5/16/2024 2,044.25 074609 WEST COAST ARMORY NORTH 262710 5/16/2024 649.45 071634 ZAYO GROUP LLC 262711 5/16/2024 809.95 011900 ZIPLY FIBER 262712 5/16/2024 949.06 GrandTotal: 365,888.41 Total count: 96 Page: 2 Packet Pg. 76 7.5 City Council Agenda Item Meeting Date: 05/28/2024 Ordinance Changing the Date of Monthly Council Committee Meetings Staff Lead: City Council Department: City Clerk's Office Preparer: Scott Passey Background/History Council Committee meetings are detailed in ECC 1.04.010 - Regular Public Meeting Times. It currently specifies that regular committee meetings occur on the second Tuesday of the month. Recommendation Adopt the proposed ordinance on consent agenda. Narrative It has been determined that changing the monthly committee meetings from the second Tuesday to the third Tuesday of the month would allow staff to include the most current monthly financial report in the Finance Committee meeting packet. This change is amenable to the current council members of the committee as well as city staff. Attachments: Ordinance Changing Committees to Third Tuesday Packet Pg. 77 7.5.a ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CHANGING THE REGULAR MEETING DATE OF CITY COUNCIL COMMITTEE MEETINGS. WHEREAS, the city council has the power to organize and regulate its internal affairs under RCW 35A.11.020; and WHEREAS, the city council has determined that regular city council committee meetings should occur on the third Tuesday of each month to coincide with the release of monthly financial reports; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1.04.010 of the Edmonds City Code, entitled "Regular public meeting time and days," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in st+ike 4ffaiigh): 1.04.010 Regular public meeting time and days. A. Full Council. Regular meetings of the city council shall be held on every Tuesday of every month at 7:00 p.m., except for the sesend third and fifth Tuesdays of any month, the last Tuesday of August, and the first Tuesday of September. Regular meetings of the city council shall be held as a hybrid meeting that is accessible both virtually and in -person and where the in -person component is conducted in the Council Chambers, Public Safety Complex, 250 Fifth Avenue N., Edmonds, Washington. Council meetings shall adjourn no later than 10:00 p.m. on the day initiated unless such adjournment is extended by an affirmative vote of a majority of the council as a whole plus one. B. Council Committees. The city council shall have the following standing committees: finance; parks and public works ("PPW"); public safety, planning, human services, and personnel ("PSPHSP"). Regular meetings of the city council standing committees shall be held on the seEend third Tuesday of every month. Councilmembers and staff may attend all committee meetings virtually. Members of the public may view the meeting virtually from their own device or from a monitor provided by the city in the city council conference room, 121 5th Avenue North, Edmonds WA 98020. The respective regular committee meeting times shall be as follows: (1) PSPHSP shall commence at 3:30 p.m. and end at 5:30 p.m.; (2) finance shall commence at 5:30 p.m. and end at 7:30 p.m.; and (3) PPW shall Packet Pg. 78 7.5.a commence at 1:30 p.m. and end at 3:30 p.m. Recordings of city council standing committee meetings shall be made and posted online. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: May 15, 2024 PASSED BY THE CITY COUNCIL: May 28, 2024 PUBLISHED: May 31, 2024 EFFECTIVE DATE: June 5, 2024 ORDINANCE NO. XXXX Packet Pg. 79 7.5.a SUMMARY OF ORDINANCE NO. XXXX of the City of Edmonds, Washington On the 281h day of May, 2024, the City Council of the City of Edmonds, passed Ordinance No. . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CHANGING THE REGULAR MEETING DATE OF CITY COUNCIL COMMITTEE MEETINGS. The full text of this Ordinance will be mailed upon request. DATED this 28th day of May, 2024. 3 CITY CLERK, SCOTT PASSEY Packet Pg. 80 8.1 City Council Agenda Item Meeting Date: 05/28/2024 Confirmation of Municipal Judge Appointment Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History Judge Whitney Rivera has been appointed to the Snohomish County Superior court. Due to this it is necessary to appoint a new Municipal Judge to serve the remainder of Judge Rivera's term (ending 12.31.25). The City undertook the process to solicit applications for the appointment to the Municipal Judge position. City staff have conducted the required solicitation process and, on May 5, 2024, oversaw the initial interview process of four candidates. The interview panel consisted of representatives from judicial, law enforcement, public defense, prosecutor, and the courts. Three of the four were forwarded for interview with the Mayor. All three applicants were then interviewed by Council on May 21, 2024 and Council provided feedback to the Mayor on the candidates. The Mayor then made his selection of Neil Weiss for the position of Municipal Judge. Staff Recommendation Approve the appointment of Neil Weiss to the position of Municipal Judge effective June 17, 2024. Narrative Terms of employment and salary are established by RCW and City code. As this is a separate branch of government there is not employment contract for this appointment. Packet Pg. 81 8.2 City Council Agenda Item Meeting Date: 05/28/2024 Utility Bond Ordinance Staff Lead: Mike Bailey Department: Administrative Services Preparer: Kimberly Dunscombe Background/History As discussed throughout 2023, the consideration of refunding a bond issuance was aimed at generating savings for the city. However, upon thorough evaluation, it was determined that the projected savings did not sufficiently outweigh the associated costs at that time. During the recent 2024 budget deliberations, in collaboration with the Capital Improvement Plan (CIP), staff proposed issuing bonds for several vital utility projects. This proposal is complemented by a utility bond refunding strategy that promises savings, making it a financially prudent decision for the city. On May 14, 2024 Finance Committee discussed the utility bond issue. Request was made for additional information and has been added to the agenda memo. Specifically, page 15 of the "C Edmonds - Preliminary Numbers - 2024 Bonds - April 30 2024" details net present value savings of $1,014,963.39. Recommendation was made to forward this item to Council for discussion at the next Council Meeting. At the May 21 Council Meeting the utility bond ordinance was discussed and forwarded to the next available Council Meeting for approval. Staff Recommendation Approve delegation bond ordinance. Narrative N/A Attachments: Edmonds _W&S 2024 Bonds _ordinance(102363683.2) Packet Pg. 82 8.2.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO. as c ea c �a L AN ORDINANCE of the City of Edmonds, Washington, 0 relating to the combined water and sewerage systems comprising c the waterworks utility of the City; specifying, adopting, and m ordering the carrying out of a system or plan of additions to and betterments and extensions of the combined waterworks utility; providing for the issuance of one or more series of water and sewer revenue bonds for the purpose of providing the funds necessary: M (1) to pay all or a portion of the costs of carrying out that plan of o additions, (2) to make a deposit into the debt service reserve M account, and (3) to pay the costs of issuance and sale of the bonds; o fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; amending Ordinance No. 4309; and providing for other related o matters. Passed 92024 This document prepared by: Foster Garvey P. C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 FG: 102363683.2 Packet Pg. 83 8.2.a TABLE OF CONTENTS* Section 1. Findings and Determinations...................................................................................1 Section2. Definitions................................................................................................................2 Section 3. Adoption of Plan of Additions; Purpose and Authorization of the Bonds.....................................................................................................................10 Section 4. Description of the Bonds; Appointment of Designated Representative........................................................................................................10 Section 5. Registrar; Registration and Transfer of Bonds......................................................11 Section 6. Form and Execution of Bonds...............................................................................12 Section 7. Payment of Bonds..................................................................................................12 Section 8. Redemption Provisions and Open Market Purchase of Bonds..............................12 Section 9. Failure To Pay Bonds.............................................................................................14 Section 10. Refunding or Defeasance of the Bonds.................................................................14 Section 11. Security for the Bonds; Bond Fund.......................................................................14 Section12. Flow of Funds........................................................................................................16 Section 13. Additional Covenants.............................................................................................17 Section 14. Rate Stabilization Account....................................................................................18 Section 15. Separate Utility Systems........................................................................................19 Section 16. Deposit of Bond Proceeds......................................................................................19 Section 17. Sale and Delivery of the Bonds; Parity Certificate................................................19 Section 18. Parity Conditions...................................................................................................20 Section19. Tax Matters............................................................................................................21 Section 20. Official Statement; Continuing Disclosure............................................................21 Section 21. Amendatory Ordinances........................................................................................22 Section 22. Amendment of Ordinance No. 4309......................................................................24 Section 23. General Authorization and Ratification.................................................................24 Section24. Severability............................................................................................................24 Section 25. Effective Date of Ordinance..................................................................................25 Exhibit A Parameters for Final Terms of the Bonds Exhibit B Parity Conditions For Issuance of Future Parity Bonds Exhibit C Description of Plan of Additions Exhibit D Form of Continuing Disclosure Undertaking * The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. FG: 102363683.2 Packet Pg. 84 8.2.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Edmonds, Washington, relating to the combined water and sewerage systems comprising the waterworks utility of the City; specifying, adopting, and ordering the carrying out of a system or plan of additions to and c betterments and extensions of the combined waterworks utility; c providing for the issuance of one or more series of water and sewer revenue bonds for the purpose of providing the funds necessary: (1) to pay all or a portion of the costs of carrying out that plan of m additions, (2) to make a deposit into the debt service reserve ca account, and (3) to pay the costs of issuance and sale of the bonds;, fixing or setting parameters with respect to certain terms and D covenants of the bonds; appointing the City's designated N representative to approve the final terms of the sale of the bonds; 0 and providing for other related matters. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Determinations. The City Council of the City of Edmonds, Washington (the "City"), makes the findings and determinations set forth below. Capitalized terms have the meanings given in Section 2. (a) Refunding Plan Ratified and Confirmed. Pursuant to Ordinance No. 4309, passed on June 20, 2023, the City authorized the issuance of the Refunding Bonds for the purpose of providing the funds necessary to pay all or part of the of the costs of refunding the City's outstanding Water and Sewer Revenue Bonds, 2013, authorized by Ordinance No. 3933, passed on July 16, 2013, to achieve a debt service savings, and to pay the costs of issuance and sale of the Refunding Bonds and the administrative costs of the refunding. Pursuant to Ordinance No. 4309, the Refunding Bonds may not be issued later than one year after the effective date of Ordinance No. 4309 (June 28, 2023). The City Council ratifies and confirms the findings and determinations made in Ordinance No. 4309, and it is in the best interest of the City to extend the date to which the Refunding Bonds may be issued to one year after the effective date of this ordinance. (b) Plan of Additions. The City is in need of funds with which to finance the Plan of Additions, the estimated cost of which is $11.7 million, and the City does not have available sufficient funds to pay the costs. The life of the improvements comprising the Plan of Additions is declared to be at least 21 years. (c) Previously Issued Bonds and Loans. The City previously issued the 2013 Bonds, the 2015 Bonds, and the 2020 Bonds and by the Outstanding Parity Bond Ordinances provided FG: 102363683.2 Packet Pg. 85 8.2.a for the issuance of Future Parity Bonds the payment of which is secured by a lien and charge on Net Revenue and ULID Assessments on a parity with the lien and charge that secure payment of the Outstanding Parity Bonds if certain Parity Conditions are met at the time the Future Parity Bonds are issued. The City also has outstanding Loans the payment of which is secured by a lien or charge on Net Revenue that is junior and inferior to the lien and charge on Net Revenue that secure payment of the Parity Bonds. (d) Parity Conditions Met. The amounts required to have been paid into the Bond Fund for the Outstanding Parity Bonds have been paid and maintained as required therein, and all other Parity Conditions for the issuance of the Bonds as Future Parity Bonds will have been met and satisfied before the Bonds are delivered to the Purchaser. (e) Sufficiency of Gross Revenue. The Gross Revenue and benefits to be derived from the operation and maintenance of the Water and Sewer Utility at the rates to be charged for services from the Water and Sewer Utility will be more than sufficient to meet all Operating and Maintenance Expense and to permit the setting aside into the Bond Fund out of the Gross Revenue of amounts sufficient to pay when due the principal of and interest on the Outstanding Parity Bonds and the Bonds. In fixing the amounts to be paid into the Bond Fund under this ordinance, the City Council has exercised due regard for Operating and Maintenance Expense and has not obligated the City to set aside and pay into the Bond Fund a greater amount of Gross Revenue that in its judgment will be available over and above such Operating and Maintenance Expense and amount of Gross Revenue previously pledged. (f) Issuance of Bonds. It is in the best interest of the City to issue and sell the Bonds to the Purchaser pursuant to the terms set forth in the Bond Purchase Contract as approved by the City's Designated Representative consistent with this ordinance. Section 2. Definitions. As used in this ordinance, the following words shall have the following meanings: (a) -2013 Bond Ordinance" means Ordinance No. 3933, passed on July 16, 2013. (b) "2013 Bonds" means the City's outstanding Water and Sewer Revenue Bonds, 2013, authorized by the 2013 Bond Ordinance. (c) "2015 Bond Ordinance" means Ordinance No. 3996, passed on May 5, 2015 (d) "2015 Bonds" means the City's outstanding Water and Sewer Revenue Bonds, 2015, authorized by the 2015 Bond Ordinance. (e) "2020 Bond Ordinance" means Ordinance No. 4197, passed on October 13, 2020. (f) "2020 Bonds" means the City's outstanding Water and Sewer Revenue Bonds, 2020 (Certified Climate Bonds), authorized by the 2020 Bond Ordinance. (g) "Adjusted Net Revenue " means Net Revenue plus withdrawals from the Rate Stabilization Account and less deposits into the Rate Stabilization Account. 2 FG: 102363683.2 Packet Pg. 86 8.2.a (h) "Annual Debt Service" means, for any fiscal year, with respect to all Parity Bonds outstanding or maturing in that year, all amounts required to be paid in that year in respect of principal of and interest on those Parity Bonds, less all bond interest payable from the proceeds of any Parity Bonds, and less all Tax Credit Subsidy Payments scheduled to be received in that year. Parity Bonds issued as Variable Interest Rate Bonds shall be assumed to bear interest at a fixed rate equal to the higher of (i) the highest variable rate borne during the preceding 24 months by any Variable Interest Rate Bonds then outstanding or (ii) if no Variable Interest Rate Bonds are then outstanding, a rate determined by reference to the index to be used to determine the interest rate on the Future Parity Bonds proposed to be issued or a comparable index. (i) "Authorized Denominations " means $5,000 or any integral multiple thereof within a maturity of a Series. 0) "Average Annual Debt Service" means, as of its date of calculation, the sum of the Annual Debt Service for the current fiscal year and the fiscal years remaining to the last scheduled maturity of the applicable issue or issues of bonds divided by the number of those years. (k) `Beneficial Owner" means, with respect to a Bond, the owner of any beneficial interest in the Bond. (1) "Bond" means each bond authorized to be issued by this ordinance. (m) "Bond Counsel" means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (n) "Bond Fund" means the City's Water and Sewer Utility Revenue Bond Fund, 2011, created for the payment of the principal of and premium, if any, and interest on Parity Bonds. (o) "Bond Insurance Policy" means a municipal bond insurance policy issued by a Bond Insurer insuring the payment when due of the principal of and interest on Parity Bonds as provided in such policy. (p) "Bond Insurer" means a bond insurance company providing a Bond Insurance Policy or Reserve Security for any outstanding Parity Bonds. (q) "Bond Purchase Contract" means, with respect to each Series, an offer to purchase the Series, setting forth certain terms and conditions of the issuance, sale, and delivery of the Series, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. In the case of a competitive sale, the official notice of sale, the Purchaser's bid, and the award by the City shall constitute the Bond Purchase Contract for purposes of this ordinance. (r) "Bond Register" means the books or records maintained by the Registrar for the purpose of identifying ownership of each Bond. FG: 102363683.2 Packet Pg. 87 8.2.a (s) "City" means the City of Edmonds, Washington, a municipal corporation duly organized and existing under the laws of the State. (t) "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. (u) "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. as (v) "Construction Fund" means the fund or account designated by the Finance Director for the payment of the costs of the Plan of Additions. L (w) "Coverage Requirement" means, for any fiscal year, an amount of Adjusted Net Revenue equal to not less than 1.25 times the Annual Debt Service in that year on all Parity m Bonds then outstanding. For purposes of calculating the Coverage Requirement, ULID ca Assessments due in that year and not delinquent shall be subtracted from Annual Debt Service., D (x) "Designated Representative" means the officer of the City appointed in Section 4 to serve as the City's designated representative in accordance with RCW 39.46.040. (y) "DTC" means The Depository Trust Company, New York, New York, or its nominee. (z) "Final Terms " means the terms and conditions for the sale of a Series, including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (aa) "Finance Director" means the Finance Director of the City or any other City official who succeeds to the duties now delegated to that office, or the designee of such officer. (bb) "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State Finance Committee from time to time. (cc) "Future Parity Bond Authorizing Ordinance" means an ordinance of the City authorizing the issuance and sale of Future Parity Bonds. (dd) "Future Parity Bonds " means all revenue obligations and other obligations of the City for borrowed money (including financing leases) issued or incurred after the Issue Date, the payment of the principal of and interest on which is secured by a charge or lien on the Net Revenue and ULID Assessments equal in rank with the lien and charge on Net Revenue and ULID Assessments required to be paid into the Bond Fund to pay and secure the payment of the principal of and interest on the Parity Bonds. (ee) "Government Obligations" means direct obligations of, or obligations the timely payment of principal of and interest on which are unconditionally guaranteed by, the United States of America. 4 FG: 102363683.2 Packet Pg. 88 (ff) "Gross Revenue" means all of the earnings and revenues received by the City from the maintenance and operation of the Water and Sewer Utility, including: revenues from the sale, lease, or furnishing of commodities, services, properties or facilities; all earnings from the investment of money in the Bond Fund that are deposited into the Principal and Interest Account; earnings from the investment of money in any maintenance fund or similar fund; all connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the Water and Sewer Utility; and withdrawals from the Rate Stabilization Account. However, the Gross Revenue shall not include: (a) revenues from City taxes; (b) principal proceeds of Parity Bonds or any other borrowings, or earnings or proceeds from any investments in a trust, defeasance, or escrow fund created to defease or refund obligations relating to the Water and Sewer Utility (until commingled with other earnings and revenues =a included in the Gross Revenue) or held in a special account for the purpose of paying a rebate to 0 the United States Government under the Code; (c) income and revenue that may not legally be c pledged for revenue bond debt service; (d) improvement district assessments including ULID CO Assessments e federal or state rants and gifts from an source allocated to capital projects; ,() g g• Y p p J (f) payments under bond insurance or other credit enhancement policy or device; (g) insurance or condemnation proceeds used for the replacement of capital projects or equipment; (h) proceeds v from the sale of Water and Sewer Utility property; (i) earnings on bond proceeds in anyCO M construction fund or bond redemption fund; 0) deposits into the Rate Stabilization Account; (k) Tax Credit Subsidy Payments; or (1) revenue from any Separate Utility System. to N O (gg) "Independent Utility Consultant" means a professional consultant experienced with municipal utilities of comparable size and character to the Water and Sewer Utility and in such areas as are relevant to the purpose for which he or she is being retained. Such a consultant = shall be deemed independent so long as he or she is not an employee or officer of the City. c i (hh) "Issue Date " means, with respect to a Bond, the date of initial issuance and = delivery of the Bond to the Purchaser in exchange for the purchase price of the Bond. ° m (ii) "Letter of Representations" means the Blanket Issuer Letter of Representations Ict CD N dated August 6, 1996, between the City and DTC, as it may be amended from time to time, and ca any successor or substitute letter relating to the operational procedures of the Securities Depository. 6j) "Loans " means any State of Washington Public Works Trust Fund loans, State E Drinking Water Revolving Fund loans, or similar loans entered into by the City to fund w improvements to the Water and Sewer Utility, the payment of which is secured by a lien or charge on Net Revenue that is junior and inferior to the lien and charge on Net Revenue that E secure payment of the Parity Bonds. (kk) "Maximum Annual Debt Service" means, as of the date of calculation, the a maximum amount of Annual Debt Service that will mature or come due in the current fiscal year or any future fiscal year with respect to all Parity Bonds then outstanding. (11) "MSRB " means the Municipal Securities Rulemaking Board. E FG: 102363683.2 Packet Pg. 89 (mm) "Municipal Advisor" means Northwest Municipal Advisors of Bellevue, Washington, or any other municipal advisor then appointed and acting as financial advisor to the City. (nn) "Net Revenue" means the Gross Revenue, less Operating and Maintenance Expenses. (oo) "Official Statement" means an offering document, disclosure document, offering memorandum, or substantially similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of a Series in conformance with Rule 15c2-12 or other applicable regulations of the SEC. (pp) "Operating and Maintenance Expenses " means all reasonable expenses incurred by the City in causing the Water and Sewer Utility to be operated and maintained in good repair, working order, and condition, including payments made pursuant to contract for such service to any other municipal corporation or private entity for sewage treatment and disposal, water supply and distribution, or stormwater or other utility service (if the City combines such service into the Water and Sewer Utility), and including budget charges for the City's administration expenses allocated to the Water and Sewer Utility, but shall not include depreciation or any taxes (or charges in lieu of taxes) levied or imposed by the City. (qq) "Outstanding Parity Bond Ordinances " means the 2013 Bond Ordinance, the 2015 Bond Ordinance, and the 2020 Bond Ordinance. (rr) "Outstanding Parity Bonds" means the 2013 Bonds, the 2015 Bonds, and the 2020 Bonds. (ss) "Owner" means, without distinction, the Registered Owner and the Beneficial Owner. (tt) "Parity Bond Authorizing Ordinance" means, as applicable to each series of Parity Bonds, the 2013 Bond Ordinance, the 2015 Bond Ordinance, the 2020 Bond Ordinance, Ordinance No. 4309, this ordinance, and any Future Parity Bond Authorizing Ordinance. (uu) "Parity Bonds" means the Outstanding Parity Bonds, the Refunding Bonds, the Bonds, and any Future Parity Bonds. (vv) "Parity Conditions " means the conditions precedent to the issuance of Future Parity Bonds set forth in Exhibit B to this ordinance, which is incorporated herein by this reference. (ww) `Permitted Investments" means investments that are legal investments for the City at the time of such investment. (xx) "Plan of Additions " means the system or plan of additions and improvements to and betterments and extensions of the Water and Sewer Utility specified, adopted, and ordered to be carried out by Section 3. 0 FG: 102363683.2 Packet Pg. 90 8.2.a (yy) "Principal and Interest Account" means the account of that name created in the Bond Fund for the payment of the principal of and interest on the Parity Bonds. (zz) "Purchaser" means, with respect to each Series, the corporation, firm, association, partnership, trust, bank, financial institution, or other legal entity or group of entities selected by the Designated Representative to serve as purchaser in a direct placement, to serve as underwriter or placement agent for a negotiated sale, or awarded as the successful bidder in a competitive sale of the Series. (aaa) "Rate Stabilization Account" means the account of that name created for the purposes described in Section 14. (bbb) "Rating Agency" means each nationally recognized rating agency, if any, providing a rating on the Bonds at the request of the City. (ccc) "Record Date" means the Registrar's close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, Record Date means the Registrar's close of business on the date on which the Registrar sends the notice of redemption in accordance with Section 8. (ddd) "Refunding Bonds" means the water and sewer revenue bonds authorized to be issued by Ordinance No. 4309, passed on June 20, 2023. (eee) "Registered Owner" means, with respect to a Bond, the person in whose name the Bond is registered on the Bond Register. For so long as the City utilizes the book —entry only system for the Bonds under the Letter of Representations, Registered Owner means the Securities Depository. (fff) "Registrar" means the Fiscal Agent or any successor registrar for the Bonds selected by the City. (ggg) "Reserve Account" means the account of that name created in the Bond Fund for the purpose of securing the payment of the principal of and interest on Parity Bonds. (hhh) "Reserve Requirement" means, subject to Section 21(d): (i) prior to the Reserve Requirement Amendment Date, for the Outstanding Parity Bonds, the Bonds, and each issue of Future Parity Bonds secured by the Reserve Account, an amount equal to the least of (A) Maximum Annual Debt Service, (B) 125% of Average Annual Debt Service, or (C) 10% of the original proceeds of each series of the Parity Bonds then outstanding; and (ii) on and after the Reserve Requirement Amendment Date, (A) for the 2015 Bonds, an amount equal to the least of (1) Maximum Annual Debt Service on Parity Bonds secured by the Reserve Account, (2) 125% of Average Annual Debt Service on Parity Bonds secured by the Reserve Account, or (3) 10% of the original proceeds of each series of the Parity Bonds secured by the Reserve Account then outstanding, (B) for the 2020 Bonds, the Refunding Bonds, and the Bonds, zero, and (C) for each issue of 7 FG: 102363683.2 Packet Pg. 91 8.2.a Future Parity Bonds, the amount specified as such pursuant to the applicable Future Parity Bond Authorizing Ordinance. (iii) "Reserve Requirement Amendment Date" means the first date on which all of the following have occurred: (A) the 2013 Bonds are deemed to be no longer outstanding under the 2013 Bond Ordinance; as (B) the 2020 Bonds, the Refunding Bonds, and the Bonds then outstanding together constitute not less than 50% in aggregate principal amount of the Parity Bonds then outstanding; O (C) the City has caused notice of the passage of this ordinance to be given by m first class United States mail to all registered owners of the then outstanding 2015 Bonds ca and 2020 Bonds and to Moody's Investors Service, Inc. and S&P Global Ratings, which, notice briefly describes this ordinance and states that a copy is available from the Finance Director for inspection; and N (D) the City has received an opinion of Bond Counsel stating that this ordinance and Ordinance No. 4309 are permitted by the 2015 Bond Ordinance and the 2020 Bond Ordinance, that upon the effective date of this ordinance, this ordinance and Ordinance No. 4309 will be valid and binding upon the City in accordance with their respective terms, and that the passage of this ordinance and Ordinance No. 4309 will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the 2015 Bonds or the 2020 Bonds. 6jj) "Reserve Security" means, in lieu of cash and investments, any bond insurance, collateral, security, letter of credit, guaranty, surety bond, or similar credit enhancement device providing for or securing the payment of all or part of the principal of and interest on Parity Bonds, issued by an institution that has been assigned a credit rating at the time that such Reserve Security is provided in the two highest rating categories without regard to gradations within those categories (i.e., AAA or AA). (kkk) "Rule 15c2-12" means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (111) "SEC" means the United States Securities and Exchange Commission. (mmm) "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (nnn) "Separate Utility System " means any water supply, sewage collection or treatment, stormwater management, or other utility service or facilities that may be created, acquired, or constructed by the City as provided in Section 15. (000) "Series " means a series of the Bonds issued pursuant to this ordinance. E FG: 102363683.2 Packet Pg. 92 8.2.a (ppp) "Sewer System " means the sanitary sewage collection and disposal system of the City, also referred to as the sewer utility. (qqq) "State" means the State of Washington. (rrr) "Stormwater System " means the stormwater management utility combined into the Water and Sewer Utility pursuant to chapter 7.60 of the Edmonds City Code. (sss) "System of Registration " means the system of registration for the City's bonds and other obligations set forth in Ordinance No. 2451 of the City. c (ttt) "Tax Credit Subsidy Bond" means any bond that is designated by the City as a "build America bond" or other type of tax credit bond, pursuant to the Code, and which is further designated as a "qualified bond" under Section 6431 of the Code (or under similar provisions of m the Code providing for "direct -pay" tax credit bonds), and with respect to which the City expects ca to receive a Tax Credit Subsidy Payment., (uuu) "Tax Credit Subsidy Payment" means the amounts the City expects to receive as a tax credit payable by the United States Treasury to the City under Section 6431 of the Code (or under similar provisions of the Code providing for "direct -pay" tax credit bonds), in respect of any Parity Bonds. (vvv) "Tax -Exempt Bonds " means any Series issued on a tax-exempt basis. (www) "Term Bond" means a Bond designated as a term bond and subject to mandatory redemption prior to maturity in the years and amounts set forth in the Bond Purchase Contract. (xxx) "ULID" means any utility local improvement district now existing or hereafter created for the acquisition or construction of additions, extensions, or betterments of any portion of the Water and Sewer Utility. (yyy) "ULID Assessments " means the assessments levied in any ULID that are pledged to be paid into the Bond Fund, including installment payments of any assessment as well as the interest and penalties (if any) thereon, less any prepaid assessments permitted by law to be paid into a construction fund or account. (zzz) "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 20. (aaaa) "Variable Interest Rate" means a variable interest rate or rates to be borne by a series of Future Parity Bonds or any one or more maturities within a series of Future Parity Bonds. The method of computing such a variable interest rate (or parameters with respect thereto) shall be specified in the Future Parity Bond Authorizing Ordinance, which shall specify either (i) the particular period or periods of time or manner of determining such period or periods of time for which each value of such variable interest rate shall remain in effect or (ii) the time or times upon which any change in such variable interest rate shall become effective. 0 FG: 102363683.2 Packet Pg. 93 8.2.a (bbbb) "Variable Interest Rate Bonds" means, for any period of time, Future Parity Bonds that bear a Variable Interest Rate during that period. Future Parity Bonds the interest rate or rates on which have been fixed for the remainder of the term thereof no longer shall be deemed to be Variable Interest Rate Bonds. (cccc) "Water and Sewer Utility" means the combined utility, as described in chapter 7.60 of the Edmonds City Code, including the component Water, Sewer, and Stormwater Systems, together with all additions thereto and betterments and extensions thereof at any time made, and any other utility systems hereafter combined with the Water and Sewer Utility. c �a (dddd) "Water and Sewer Utility Fund" means, together, the Water Fund, the Sewer Fund, and the Stormwater Fund, each of which has previously been established by the City. p c (eeee) "Water System" means the system of water supply and transmission of the City, C CO also referred to as the water utility. Section 3. Adoption of Plan of Additions; Purpose and Authorization of the Bonds. (a) The City specifies, adopts, and orders the carrying out of the projects described in Exhibit C to this ordinance, which is incorporated herein by this reference, as a system or plan of additions to and betterments and extensions of the Water and Sewer Utility. The Plan of Additions shall be carried out in accordance with the plans and specifications therefor prepared by the City's engineers and consulting engineers. The City Council may modify the details of the Plan of Additions where, in its judgment, it appears advisable if such modifications do not substantially alter the purposes of that system or plan. The cost of the Plan of Additions, including the cost of issuance and sale of the Bonds, shall be paid from the proceeds of the Bonds and from other money available to the Water and Sewer Utility. (b) The City is authorized to borrow money on the credit of the City and to issue water and sewer revenue bonds evidencing indebtedness to provide the funds necessary (1) to carry out the Plan of Additions, (2) to make a deposit into the Reserve Account, and (3) to pay the costs of issuance of the Bonds. The Bonds shall be allocated to paying the respective costs of the Plan of Additions in such order of time as the City determines is advisable and practicable. Section 4. Description of the Bonds: Appointment of Designated Representative. The Mayor and the Mayor's designee are each individually appointed as the Designated Representative of the City, and each is individually authorized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of each Series, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A to this ordinance, which is incorporated herein by this reference. The Bonds may be issued in one or more series together with or separately from the Refunding Bonds, as determined by the Designated Representative. 10 FG: 102363683.2 Packet Pg. 94 8.2.a Section 5. Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. (b) Registrar; Duties. The Fiscal Agent is appointed as initial Registrar. The Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds, and to carry out all of the Registrar's powers and duties under this ordinance and the System of p Registration. The Registrar shall be responsible for its representations contained in the Registrar's Certificate of Authentication on each Bond. The Registrar may become an Owner m° with the same rights it would have if it were not the Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. N (c) Bond Register; Transfer and Exchange of Bonds. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and to number of each Bond held by each Registered Owner. A Bond surrendered to the Registrar may c be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same Series, maturity, and interest rate. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Registrar. Any exchange c or transfer shall be without cost to the Owner or transferee. The Registrar shall not be obligated c to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the redemption date. 0 m (d) Securities Depository; Book -Entry Only Form. If a Bond is to be issued in book- N entry only form, DTC shall be appointed as initial Securities Depository and each such Bond N initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond U) registered in the name of the Securities Depository shall be held fully immobilized in book -entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities o Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any E substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no w longer to be held in book -entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint E a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the a Securities Depository, the Bonds no longer shall be held in book -entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the 11 FG: 102363683.2 Packet Pg. 95 8.2.a Registrar shall be responsible for any notice that is permitted or required to be given to the Registered Owner of a Bond registered in the name of the Securities Depository except such notice as is required to be given by the Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is p authenticated by the Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued, and delivered and, when authenticated, issued, and delivered, shall be as ° m binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual 5 date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the Issue Date. M (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate of Authentication. This Bond is one of the fully registered City of Edmonds, Washington, Water and Sewer Revenue Bonds, [Series]." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated, and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in the name of the Securities Depository are payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on the interest payment date, or by check or draft of the Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. The City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Registrar. Payment of the Bonds is not subject to acceleration under any circumstances. Section 8. Redemption Provisions and Open Market Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to redemption at the option of the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Contract, consistent with the parameters set forth in Exhibit A. 12 FG: 102363683.2 Packet Pg. 96 8.2.a (b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond Purchase Contract, consistent with the parameters set forth in Exhibit A, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts as set forth in the Bond Purchase Contract. If a Term Bond is redeemed under the optional redemption provisions, defeased, or purchased by the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased, or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for the Term Bond. The City shall determine the manner in which the credit is to be allocated and shall notify the Registrar in writing of its allocation prior to the earliest mandatory redemption date for the Term Bond for which notice of redemption has not already been given. O (c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series ° m and maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity of a Series are to be redeemed, the Securities Depository shall select Bonds registered in the name of the Securities Depository to be redeemed in accordance with the Letter of Representations, and the Registrar shall select all other Bonds to be redeemed randomly in such manner as the M Registrar shall determine. All or a portion of the principal amount of any Bond that is to be o redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding M principal amount of any Bond is redeemed, upon surrender of that Bond to the Registrar, there o shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same Series, maturity, and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the date fixed for redemption. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of optional redemption has been rescinded shall remain outstanding. (f) Effect of Call for Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as provided in subsection (e) of this Section or money sufficient to effect such 13 FG: 102363683.2 Packet Pg. 97 8.2.a redemption is not on deposit in the Bond Fund or in a trust account established to refund or defease the Bond. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to the City or in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 9. Failure To Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity date or date fixed for redemption, the City shall be obligated to pay, from the sources pledged herein, interest on the Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until the Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit p in the Bond Fund or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. ° m Section 10. Refunding or Defeasance of the Bonds. The City may issue refunding, bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and ry interest on any or all of the Bonds (the "defeased Bonds"); (b) redeeming the defeased Bonds c prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets to aside in a special trust fund or escrow account irrevocably pledged to that redemption or c defeasance (the "trust account") money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund, or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in c the covenants of this ordinance and in the funds and accounts obligated to the payment of the c defeased Bonds shall cease and become void. Thereafter, the Registered Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer ° m outstanding. In that event, the City may apply money remaining in any fund or account (other N 40 than the trust account) established for the payment or redemption of the defeased Bonds to any N lawful purpose, subject only to the rights of the registered owners of any other Parity Bonds then U) outstanding. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for inclusion in a refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 11. Security for the Bonds; Bond Fund. (a) Pledge of Net Revenue. The Net Revenue and ULID Assessments are pledged irrevocably to the payment of the Bonds, and the amounts pledged to be paid into the Bond Fund to pay and secure the payment of the principal of and interest on the Bonds when due shall constitute a lien and charge on the Net Revenue and ULID Assessments on a parity with the lien and charge on the Net Revenue and ULID Assessments pledged to be paid into the Bond Fund to pay and secure the payment of the principal of and interest on the Outstanding Parity Bonds and any Future Parity Bonds, and prior and superior to any other liens or charges whatsoever. 14 FG: 102363683.2 Packet Pg. 98 8.2.a (b) Special Obligations. The principal of and interest on the Bonds are payable exclusively from the Bond Fund and the Net Revenue and ULID Assessments pledged to be paid into the Bond Fund to pay principal of and interest on the Bonds when due. The Bonds are special obligations of the City and do not constitute an obligation of the State, either general or special, or any political subdivision thereof other than the City. The Bonds are not general obligations of the City and shall not constitute an indebtedness of the City within the meaning of the State constitution. Neither the full faith and credit nor the taxing power of the City is pledged to the payment of the Bonds. The Registered Owners shall not have any claim for the payment of the Bonds against the City arising from the Bonds except for payment from the Bond Fund and the Net Revenue and ULID Assessments pledged to be paid into the Bond Fund to pay principal of and interest on the Bonds when due. The Registered Owners shall not have any claim against the State arising from the Bonds. o c (c) Bond Fund; Deposits into the Bond Fund. The Bond Fund has been established M within the Water and Sewer Utility Fund as a special fund of the City and is to be drawn upon solely for the payment of the principal of and premium, if any, and interest on Parity Bonds. The Bond Fund is divided into two accounts: the Principal and Interest Account and the Reserve N Account. The City obligates and binds itself to set aside and pay into the Bond Fund all ULID Assessments and, out of the Net Revenue, certain fixed amounts, without regard to any fixed proportion, namely: (1) Into the Principal and Interest Account, before each interest payment date for the Parity Bonds, an amount that will be sufficient, together with other money on deposit therein, to pay the interest on the Parity Bonds due on the interest payment date; and (2) Into the Principal and Interest Account, before each principal payment date of the Parity Bonds (including any mandatory redemption date), an amount that will be sufficient, together with other money on deposit therein, to pay the principal of the Parity Bonds due on the principal payment date (including mandatory redemption amounts due with respect to any Term Bonds); and (3) Into the Reserve Account, at the time and in the manner required by this ordinance, the amount, if any, necessary to make the amount on deposit in the Reserve Account equal to the Reserve Requirement for the Parity Bonds. When the total amount on deposit in the Bond Fund equals the total amount of principal and interest due for all outstanding Parity Bonds to the last maturity thereof, no further payment need be made into the Bond Fund. The Finance Director may create sinking fund accounts or other accounts in the Bond Fund for the payment or securing the payment of Parity Bonds as long as the maintenance of such accounts does not conflict with the rights of the registered owners of Parity Bonds. (d) Reserve Account; Reserve Requirement. The City will at all times maintain on deposit in the Reserve Account an amount equal to the Reserve Requirement, except as otherwise expressly authorized in this subsection, until the total amount on deposit in the Bond Fund equals the total amount of principal and interest due for all outstanding Parity Bonds to the 15 FG: 102363683.2 Packet Pg. 99 8.2.a last maturity thereof, at which time the money in the Reserve Account may be used to pay any such principal and interest, so long as the amount remaining on deposit in the Reserve Account is not less than the Reserve Requirement calculated based on the Parity Bonds then outstanding. The Reserve Requirement shall be deemed satisfied by any combination of Parity Bond proceeds, Reserve Securities, or other legally available money equal to the Reserve Requirement, or by the deposit of available funds of the City in approximately equal annual installments so that the Reserve Requirement is funded no later than three years after the issuance of any Future Parity Bonds. as If there is a deficiency in the Principal and Interest Account to make the next payment of principal of or interest on the Parity Bonds, the deficiency shall be made up from the Reserve Account by the withdrawal of amounts necessary for that purpose, first, from money on deposit O in the Reserve Account, and second, from pro rata draws on each Reserve Security. Any deficiency created in the Reserve Account by reason of any such withdrawal shall be made up m° from the next available of Net Revenue and ULID Assessments after making necessary provision for the required payments into the Principal and Interest Account, first, to restore each Reserve Security pro rata, and second, to make up any remaining deficiency. The City may establish a separate Reserve Requirement for any or all of the Bonds or any Future Parity Bonds, which may be zero, and establish one or more separate reserve subaccounts for any or all of the Bonds or any Future Parity Bonds. On and after the Reserve Requirement Amendment Date, the Bonds shall not be secured by the Reserve Account. (e) Investment of Money in Bond Fund. All money in the Bond Fund may be kept in cash; deposited with an institution (as permitted by law) in an amount in each institution not greater than the amount insured by any department or agency of the United States Government; or invested in Permitted Investments maturing not later than the date when needed (for investments in the Principal and Interest Account) or the last maturity of any Parity Bonds then outstanding (for investments in the Reserve Account). Income from investments in the Principal and Interest Account shall be deposited into that account. Income from investments in the Reserve Account shall be deposited into that account until the amount on deposit therein is equal to the Reserve Requirement, and thereafter shall be deposited into the Principal and Interest Account or used for other Water and Sewer Utility purposes. (f) Action to Compel Payments. If the City fails to set aside and pay into the Bond Fund the amounts set forth above, the registered owner of any of the Parity Bonds then outstanding may bring action against the City and compel the setting aside and payment. Section 12. Flow of Funds. All ULID Assessments shall be paid into the Bond Fund and the Gross Revenue shall be deposited into the Water and Sewer Utility Fund (or the respective system funds therein) to be used for the following purposes only in the following order of priority: (1) To pay Operating and Maintenance Expenses. (2) To make when due the required payments into the Principal and Interest Account in respect of interest on the Parity Bonds. 16 FG: 102363683.2 Packet Pg. 100 8.2.a (3) To make when due the required payments into the Principal and Interest Account in respect of principal of (and premium, if any, on) the Parity Bonds, whether at maturity or pursuant to redemption prior to maturity. (4) To make when due all payments required to be made into the Reserve Account. (5) To make when due all payments required to be made under any reimbursement agreement with a Bond Insurer in any priority not inconsistent with this ordinance, which the City may hereafter establish by ordinance. (6) To make when due the required payments to be made into any revenue bond, note, warrant, or other revenue obligation redemption fund, debt service account, or reserve account created to pay and secure the payment of any revenue obligations of the Water and Sewer Utility the payment of which is secured by a 0 lien or charge on Net Revenue junior and inferior to the lien and charge on Net c Revenue that secure payment of the Parity Bonds. m (7) Without priority, to retire by redemption or to purchase in the open market any Parity Bonds or junior lien obligations then outstanding, to make necessary betterments and replacements of or repairs, additions, or extensions to the Water M and Sewer Utility, to make deposits into the Rate Stabilization Account, or for00 any other lawful purpose. o Section 13. Additional Covenants. The City covenants and agrees with the Registered Owner of each Bond at any time outstanding as follows: (a) Maintenance and Operation. The City will at all times maintain, preserve, and keep the properties of the Water and Sewer Utility in good repair, working order, and condition, will make all necessary and proper additions, betterments, renewals, and repairs thereto and improvements, replacements, and extensions thereof, and will at all times operate or cause to be operated the properties of the Water and Sewer Utility and the business in connection therewith in an efficient manner and at a reasonable cost. (b) Establishment and Collection of Rates and Charges. The City will establish, maintain, and collect rates and charges for all services and facilities provided by the Water and Sewer Utility that will be fair and nondiscriminatory. The City will adjust those rates and charges from time to time so that: (i) the Gross Revenue will at all times be sufficient to (A) pay all Maintenance and Operation Expenses on a current basis, (B) pay when due all amounts that the City is obligated to pay into the Bond Fund and the accounts therein, and (C) pay all taxes (or payments in lieu thereof), assessments, or other governmental charges lawfully imposed on the Water and Sewer Utility and any and all other amounts that the City may now or hereafter become obligated to pay from the Gross Revenue by law or contract; and (ii) the Adjusted Net Revenue in each fiscal year will be not less than the Coverage Requirement. (c) Sale or Disposition of Utility Property. The City will not sell, lease, mortgage, or in any manner encumber or dispose of all the property of the Water and Sewer Utility unless provision is made for payment into the Bond Fund of a sum sufficient to pay the principal of and interest on all Parity Bonds then outstanding. Further, the City will not sell, lease, mortgage, or in any manner encumber or dispose of (each, a "disposition") any part of the property of the 17 FG: 102363683.2 Packet Pg. 101 8.2.a Water and Sewer Utility that is used, useful, and material to the operation thereof (the "affected portion") unless provision is made for replacement thereof or for payment into the Bond Fund of an amount which shall bear the same ratio to the amount of Parity Bonds then outstanding (less the amount of cash and investments in the Bond Fund and the accounts therein) as (i) the Net Revenue from affected portion of the Water and Sewer Utility for the twelve months preceding such disposition bears to (ii) the Net Revenue from the entire Water and Sewer Utility for the same period. Any money paid into the Bond Fund as a result of such a disposition shall be used to retire that proportion of Parity Bonds then outstanding at the earliest practicable date. (d) Books and Records. The City will maintain complete books and records relating to the operation of the Water and Sewer Utility and its financial affairs, and will cause such books and records to be audited annually, and cause to be prepared an annual financial and operating statement, which shall be provided to any owner of Parity Bonds upon request. (e) No Free Service. Except to aid the poor or infirm, to provide for resource conservation, or to provide for the proper handling of hazardous materials, the City will not furnish or supply or permit the furnishing or supplying of any service or facility in connection with the operation of the Water and Sewer Utility free of charge to any person, firm, or corporation, public or private, other than the City. (f) Collection of Delinquent Accounts. On at least an annual basis, the City will determine all accounts that are delinquent and will take all necessary action to enforce payment of such accounts against those property owners whose accounts are delinquent. (g) Insurance. The City will at all times carry fire and such other forms of insurance on such of the buildings, equipment, facilities, and properties of the Water and Sewer Utility as are ordinarily carried on such buildings, equipment, facilities, and properties by utilities engaged in the operation of similar utility systems to the full insurable value thereof, and also will carry adequate public liability insurance at all times. The City may self -insure or participate in a joint intergovernmental insurance pool or similar plan, and the cost of that insurance or self-insurance shall be considered a part of Operating and Maintenance Expenses. (h) ULID Assessments. The City will promptly collect all ULID Assessments and deposit such collections into the Bond Fund to pay or secure the principal of and interest on any Parity Bonds without those ULID Assessments being particularly allocated to any particular series of Parity Bonds. Section 14. Rate Stabilization Account. The Rate Stabilization Account has been previously established within the Water and Sewer Utility Fund. Deposits and withdrawals shall be made in accordance with this Section at any time up to and including the date that is 90 days after the end of the fiscal year for which the deposit or withdrawal will be included as Adjusted Net Revenue for that fiscal year, as follows: (a) Deposits into the Rate Stabilization Account. The City may at any time, as determined by the Finance Director, consistent with the covenants contained in this ordinance, deposit into the Rate Stabilization Account amounts of Gross Revenue and any other money received by the Water and Sewer Utility and available to be used therefor, excluding principal 18 FG: 102363683.2 Packet Pg. 102 8.2.a proceeds of Parity Bonds or other borrowing. However, no deposit of Gross Revenue may be made into the Rate Stabilization Account to the extent that such deposit would prevent the City from meeting the Coverage Requirement in the relevant fiscal year. (b) Withdrawals from the Rate Stabilization Account. The City may withdraw money from the Rate Stabilization Account at any time upon authorization of the City Council (which may be by motion, resolution, or ordinance) for inclusion in the Adjusted Net Revenue for any fiscal year of the Water and Sewer Utility, except that the total amount withdrawn from the Rate Stabilization Account in any fiscal year may not exceed the Annual Debt Service in that fiscal year. Earnings from investments in the Rate Stabilization Account shall be deposited into that account and shall not be included as Adjusted Net Revenue unless and until withdrawn from that L account. O c Section 15. Separate Utility Systems. m . The City may create, acquire, construct, ° finance, own, and operate one or more additional systems for water supply, sewer service, water, sewage, or stormwater transmission or treatment, or other commodity or utility service. The revenue of the Separate Utility System, and any utility local improvement district assessments payable solely with respect to improvements to a Separate Utility System, shall not be included M in Gross Revenue and may be pledged to the payment of revenue obligations issued to purchase,00 construct, condemn, or otherwise acquire or expand the Separate Utility System. Neither the M Gross Revenue nor the Net Revenue may be pledged to the payment of any obligations of a c Separate Utility System, except that the Net Revenue may be pledged on a basis subordinate to the lien on Net Revenue that secures payment of the Parity Bonds. Section 16. Deposit of Bond Proceeds. On the Issue Date, proceeds of the Bonds in an amount sufficient to satisfy the Reserve Requirement shall be deposited into the Reserve Account. The remaining proceeds of the Bonds shall be deposited into the Construction Fund and be used to pay the costs of issuance and sale of the Bonds and the costs of carrying out the Plan of Additions. Until needed to pay such costs, the City may invest those proceeds temporarily in any Permitted Investment, and the investment earnings shall be retained in the Construction Fund and used for the purposes of that fund, except that earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Construction Fund and used for those tax or rebate purposes. Section 17. Sale and Delivery of the Bonds; Parity Certificate. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series by direct placement, negotiated sale, or competitive sale in accordance with a notice of sale consistent with this ordinance, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel, the Municipal Advisor, and other advisors. In determining the method of sale of a Series and accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. (b) Procedure for Direct Placement or Negotiated Sale. If the Designated Representative determines that a Series is to be sold by direct placement or negotiated sale, the 19 FG: 102363683.2 Packet Pg. 103 Designated Representative shall select one or more Purchasers with which to negotiate the sale. The Bond Purchase Contract for each Series shall set forth the Final Terms. The Designated Representative is authorized to execute the Bond Purchase Contract on behalf of the City, so long as the terms provided therein are consistent with this ordinance. (c) Procedure for Competitive Sale. If the Designated Representative determines that a Series is to be sold by competitive sale, the Designated Representative shall cause the preparation of an official notice of bond sale setting forth parameters for the Final Terms and any other bid parameters that the Designated Representative deems appropriate, consistent with this ordinance. Bids for the purchase of each Series shall be received at such time or place and by such means as the Designated Representative directs. On the date and time established for the receipt of bids, the Designated Representative (or the designee of the Designated Representative) o shall open bids and shall cause the bids to be mathematically verified. The Designated Representative is authorized to award, on behalf of the City, the winning bid and accept the ° m winning bidder's offer to purchase the Series, with such adjustments to the aggregate principal amount and principal amount per maturity as the Designated Representative deems appropriate, consistent with this ordinance. The Designated Representative may reject any or all bids submitted and may waive any formality or irregularity in any bid or in the bidding process if the Designated Representative deems it to be in the City's best interest to do so. If all bids are o rejected, the Series may be sold by direct placement or negotiated sale or in any manner provided M by law as the Designated Representative determines is in the best interest of the City, consistent o with this ordinance. (d) Parity Certificate. At the time of issuance of the Bonds, the Designated Representative shall cause to be executed and have on file a certificate of coverage as required for the issuance of Future Parity Bonds under Section 19 of the 2013 Bond Ordinance, Section 19 of the 2015 Bond Ordinance, and Section 19 of the 2020 Bond Ordinance. (e) Preparation, Execution, and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 18. Parity Conditions. The City reserves the right to issue Future Parity Bonds the payment of the principal of and interest on which are secured by a lien and charge on the Net Revenue and ULID Assessments on a parity with the lien and charge on Net Revenue and ULID Assessments that secure payment of the Bonds and the Outstanding Parity Bonds if the Parity Conditions are met and complied with at the time of the issuance of the Future Parity Bonds. Nothing contained in the Parity Conditions shall prevent the City from issuing revenue obligations the payment of which is secured by a lien or charge on Net Revenue that is junior and inferior to the lien and charge on Net Revenue that secure payment of the Parity Bonds, or from pledging to pay into a bond redemption fund or account for such junior lien obligations assessments (including interest and penalties thereon) in any utility local improvement district that are levied to pay part or all of the cost of improvements being constructed out of the proceeds of the sale of such junior lien obligations. Neither shall anything contained in this ordinance prevent the City from issuing revenue obligations to refund maturing Parity Bonds for the payment of which money is not otherwise available. 20 FG: 102363683.2 Packet Pg. 104 8.2.a Cantinn IQ Tax MnttPrc (a) Preservation of Tax Exemption for Interest on Tax -Exempt Bonds. The City will take all actions necessary to prevent interest on the Tax -Exempt Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Tax -Exempt Bonds (or other funds of the City treated as proceeds of the Tax -Exempt Bonds) that will cause interest on the Tax -Exempt Bonds to be included in gross income for federal income tax purposes. The City will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Tax -Exempt Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Tax -Exempt Bonds. L O (b) Post -Issuance Compliance. The Finance Director is authorized and directed to review and update the City's written procedures to facilitate compliance by the City with the M covenants in this Section and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Tax -Exempt Bonds from being included in gross income for federal tax purposes. (c) Designation of Bonds as "Qualified Tax -Exempt Obligations. " The Designated Representative may designate one or more Series of Tax -Exempt Bonds as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: (1) the Series of Tax -Exempt Bonds does not constitute "private activity bonds" within the meaning of Section 141 of the Code; (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Series of Tax -Exempt Bonds is issued will not exceed $10,000,000; and (3) the amount of tax-exempt obligations, including the Series of Tax -Exempt Bonds, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Series of Tax -Exempt Bonds is issued does not exceed $10,000,000. Section 20. Official Statement; Continuing Disclosure. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review and, if acceptable to him or her, approve the preliminary Official Statement prepared in connection with each sale of a Series to the public or through a Purchaser as placement agent. For the sole purpose of the Purchaser's compliance with paragraph (b)(1) of Rule 15c2-12, if applicable, the Designated Representative is authorized to deem that preliminary Official Statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City authorizes and approves the distribution to 21 FG: 102363683.2 Packet Pg. 105 8.2.a potential purchasers of the Bonds of a preliminary Official Statement that has been approved by the Designated Representative and, if applicable, deemed final, in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final Official Statement for each Series to be sold to the public or through a Purchaser as placement agent, in the form of the preliminary Official Statement that has been approved and, if applicable, deemed final, in accordance with subsection (a) of this Section, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final Official Statement to the Purchaser. The City authorizes and approves the distribution to purchasers and potential purchasers of the Bonds of that final Official Statement so executed and delivered. (c) Undertaking to Provide Continuing Disclosure. If necessary to meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a participating underwriter for a Series, the Designated Representative is authorized to execute a written undertaking to provide continuing disclosure for the benefit of holders of the Series in substantially the form attached as Exhibit D to this ordinance, which is incorporated herein by this reference. Section 21. Amendatory Ordinances. (a) This ordinance shall not be modified or amended in any respect subsequent to the initial issuance of the Bonds, except as provided in and in accordance with and subject to the provisions of this Section. (b) The City, from time to time, and at any time, without the consent of or notice to the Registered Owners, may pass amendatory ordinances as follows: (1) To cure any formal defect, omission, inconsistency, or ambiguity in this ordinance in a manner not adverse to the registered owner of any Parity Bonds; (2) To impose upon the Registrar (with its consent) for the benefit of the registered owners of the Parity Bonds any additional rights, remedies, powers, authority, security, liabilities, or duties that may lawfully be granted, conferred, or imposed and that are not contrary to or inconsistent with this ordinance as theretofore in effect; (3) To add to the covenants and agreements of, and limitations and restrictions upon, the City in this ordinance other covenants, agreements, limitations, and restrictions to be observed by the City that are not contrary or inconsistent with this ordinance as theretofore in effect; (4) To confirm, as further assurance, any pledge under, and the subjection to any claim, lien, or pledge created or to be created by, this ordinance of any other money, securities, or funds; (5) To authorize different denominations of the Bonds and to make correlative amendments and modifications to this ordinance regarding exchangeability of Bonds of different authorized denominations, redemptions of portions of Bonds of 22 FG: 102363683.2 Packet Pg. 106 8.2.a particular authorized denominations, and similar amendments and modifications of a technical nature; (6) To modify, alter, amend, or supplement this ordinance in any other respect that is not materially adverse to the registered owners of the Parity Bonds and which does not involve a change described in subsection (c) of this Section; and (7) Due to a change in federal law or rulings, to maintain the exclusion from gross income of the interest on the Tax -Exempt Bonds from gross income for federal income tax purposes. (c) Except for any amendatory ordinance passed pursuant to subsection (b) of this Section, subject to the terms and provisions contained in this subsection (c) and not otherwise: (1) Registered owners of a majority in aggregate principal amount of the Parity Bonds then outstanding shall have the right from time to time to consent to the passage of any amendatory ordinance deemed necessary or desirable by the City for the purpose of modifying, altering, amending, supplementing, or rescinding, in any particular, any of the terms or provisions contained in this ordinance. However, consent by the registered owners of all the Bonds then outstanding is required for any amendatory ordinance authorizing: (i) a change in the times, amounts, or currency of payment of the principal of or interest on any outstanding Bond, or a reduction in the principal amount or redemption price of any outstanding Bond or a change in the redemption price of any outstanding Bond or a change in the method of determining the rate of interest thereon; (ii) a preference or priority of any Bond or Bonds or any other Bond or Bonds; or (iii) a reduction in the aggregate principal amount of Bonds. (2) Any amendatory ordinance passed for any of the purposes of this subsection (c) shall not become effective except in accordance with this paragraph (c)(2). Upon passage of any such amendatory ordinance, the City shall cause notice of the proposed ordinance to be given by first class United States mail to the registered owners of the Parity Bonds then outstanding and to each Rating Agency. The notice shall briefly describe the proposed ordinance and shall state that a copy is available from the Finance Director for inspection. The amendatory ordinance shall become effective in substantially the form described in the notice only if within two years after mailing of such notice, the City has received (i) the required consents, in writing, of the registered owners of the Parity Bonds (or of the Bonds, as applicable) and (ii) an opinion of Bond Counsel stating that such amendatory ordinance is permitted by this ordinance; that upon the effective date thereof, it will be valid and binding upon the City in accordance with its terms; and that its passage will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Tax -Exempt Bonds. (3) If registered owners of not less than the percentage of Parity Bonds (or Bonds, as applicable) required by this subsection (c) have consented, no owner of the Parity Bonds shall have any right to object to the passage of the ordinance (or to any of the terms and provisions contained therein or the operation thereof), or in any 23 FG: 102363683.2 Packet Pg. 107 8.2.a manner to question the propriety of the passage thereof, or to enjoin or restrain the City from passing, or from taking any action pursuant to, the same. (d) The Registered Owner of each Bond, by taking and holding the Bond, shall be deemed to have consented to the passage by the City of any amendatory ordinance to establish a separate Reserve Requirement for any or all of the 2020 Bonds, the Refunding Bonds, the Bonds, or any Future Parity Bonds, which may be zero, and to establish one or more separate reserve subaccounts for any or all of the 2020 Bonds, the Refunding Bonds, the Bonds, or any Future Parity Bonds. c ea (e) Registered owners of the Parity Bonds may be deemed to have notice of and have consented to the passage of any amendatory ordinance so long as (1) the Parity Bond p Authorizing Ordinance includes the nature of the proposed amendatory ordinance and states that registered owners of the Parity Bonds will be deemed to have consented to its passage and ° m (2) the preliminary official statement, if any, and official statement, if any, for the Parity Bonds includes the nature of the proposed amendatory ordinance and states that registered owners of the Parity Bonds will be deemed to have consented to its passage. (f) An underwriter of Parity Bonds, either in its capacity as an underwriter or remarketing agent, or as agent for or in lieu of registered owners of the Parity Bonds, may consent to the passage of an amendatory ordinance. (g) Upon the effective date of any amendatory ordinance passed pursuant to the provisions of this Section, this ordinance shall be amended in accordance therewith, and the respective rights, duties, and obligations under this ordinance of the City, the Registrar, and all Registered Owners of Bonds then outstanding shall thereafter be determined, exercised, and enforced under this ordinance subject in all respects to such amendments. Section 22. Amendment of Ordinance No. 4309. Paragraph (ii) of Exhibit A of Ordinance No. 4309 is hereby amended to read as follows (deleted language is stfU& *hFE),, and added language is double underlined): Each Bond shall be dated the Issue Date, which date may not be later than one year after the effective date of this or-dinan Ordinance No. Section 23. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City are each individually authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of each Series to the Purchaser and for the proper application, use, and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 24. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be 24 FG: 102363683.2 Packet Pg. 108 8.2.a modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 25. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law and is not subject to referendum. PASSED by the City Council and APPROVED by the Mayor of the City of Edmonds, Washington, at an open public meeting thereof, this day of 92024. ATTEST: City Clerk APPROVED AS TO FORM: FOSTER GARVEY P.C. Bond Counsel Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Mayor 25 FG: 102363683.2 Packet Pg. 109 8.2.a Exhibit A PARAMETERS FOR FINAL TERMS OF THE BONDS (i) Principal Amount. The Bonds may be issued in one or more Series and shall not exceed the aggregate principal amount of $13,000,000. (ii) Date or Dates. Each Bond shall be dated the Issue Date, which date may not be later than one year after the effective date of this ordinance. (iii) Denominations, Name. The Bonds shall be issued in Authorized Denominations and shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. (iv) Interest Rates. Each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360-day year of twelve 30-day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest for any Bond may exceed 5.50%, and the true interest cost to the City for each Series may not exceed 5.25%. (v) Payment Dates. Interest shall be payable semiannually on dates acceptable to the Designated Representative, commencing no later than one year following the Issue Date. Principal payments shall commence on a date acceptable to the Designated Representative and shall be payable at maturity or in mandatory redemption installments on dates acceptable to the Designated Representative. (vi) Final Maturity. Each Series shall mature no later than 21 years after the Issue Date. (vii) Redemption Rights. The Designated Representative may approve in the Bond Purchase Contract provisions for the optional and mandatory redemption of Bonds, subject to the following: (1) Optional Redemption. Any Bond may be designated as being (A) subject to redemption at the option of the City prior to its maturity date on the dates and at the prices set forth in the Bond Purchase Contract; or (B) not subject to redemption prior to its maturity date. If a Bond is subject to optional redemption prior to its maturity, it must be A-1 FG: 102363683.2 Packet Pg. 110 Exhibit A 8.2.a first subject to such redemption on a date that is not more than 101/2 years after the Issue Date. (2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Contract. (viii) Price. The purchase price for each Series may not be less than 95% or more than 135% of the stated principal amount of the Series. (ix) Other Terms. The Designated Representative may determine the following: (1) Tax Status. Any or all of the Bonds may be designated as Tax -Exempt Bonds. (2) Credit Enhancement. If determined to be in the best interest of the City, bond insurance or other credit enhancement may be provided for any or all of the Bonds, and the Designated Representative may accept such additional terms, conditions, and covenants determined to be in the best interest of the City, consistent with this ordinance. A-2 FG: 102363683.2 Packet Pg. 111 Exhibit B 8.2.a PARITY CONDITIONS FOR ISSUANCE OF FUTURE PARITY BONDS The City may issue Future Parity Bonds the payment of the principal of and interest on which is secured by a lien and charge on Net Revenue and ULID Assessments on a parity with the lien and charge on Net Revenue and ULID Assessments that secure payment of the principal of and interest on the Bonds if and only if the following conditions are met and complied with at the time of issuance of the Future Parity Bonds: (a) There may not be any deficiency in the Principal and Interest Account or the Reserve Account of the Bond Fund. (b) The Future Parity Bond Authorizing Ordinance must require that all ULID Assessments levied in connection with the Future Parity Bonds be paid directly into the Bond Fund. (c) The Future Parity Bond Authorizing Ordinance must provide for the payment of the principal thereof and interest thereon out of the Bond Fund. (d) The Future Parity Bond Authorizing Ordinance must provide for the deposit into the Reserve Account of amounts, if any, necessary to comply with the Reserve Requirement and Section 11. (e) The City must have on file either: (1) A certificate from an Independent Utility Consultant showing that, in his or her professional opinion, the annual Net Revenue available for debt service on the Parity Bonds then outstanding and the Future Parity Bonds proposed to be issued shall, for each year, be at least equal to the Coverage Requirement. In making such certification, the Net Revenue for any 12 consecutive calendar months out of the immediately preceding 24 consecutive months shall be used, and the following adjustments may be made to the historical Net Revenue: (i) Any rate change that has taken place or been approved, may be reflected; (ii) Revenue may be added from customers actually added to the Water and Sewer Utility subsequent to the 12-month period; (iii) Revenue may be added from customers to be served by the improvements being constructed out of the proceeds of the Future Parity Bonds to be issued; (iv) A full year's revenue may be included from any customer being served, but who has not been receiving service for the full 12-month period; and (v) Actual or reasonably anticipated changes to the Operating and Maintenance Expenses subsequent to the 12-month period shall be added or deducted, as applicable; or FG: 102363683.2 Packet Pg. 112 8.2.a Exhibit B (2) A certificate of the Finance Director showing that, in his or her professional opinion, the annual Net Revenue available for debt service on the Parity Bonds then outstanding and the Future Parity Bonds proposed to be issued shall, for each year, be at least equal to the Coverage Requirement. In making such certification, the Finance Director shall assume that (A) the proposed Future Parity Bonds will remain outstanding to their scheduled maturities and (B) any Parity Bonds to be refunded by the Future Parity Bonds are not outstanding. The Finance Director shall not make any of the adjustments referred to above. However, if the Future Parity Bonds are being issued for the sole purpose of refunding as Parity Bonds then outstanding (including paying costs of issuance and providing for the Reserve Requirement), no coverage certification is required if, as result of the issuance of o those Future Parity Bonds, (a) in each year that the Future Parity Bonds are scheduled to remain outstanding, the Annual Debt Service on the Future Parity Bonds to be issued is ° m not increased by more than $5,000 over the Annual Debt Service for that year of the Parity Bonds being refunded, and (b) the final maturity of the Future Parity Bonds to be issued is not more than one year after the Parity Bonds being refunded. In addition, no coverage certification is required if the aggregate principal amount of the Future Parity ry M Bonds being issued does not exceed the aggregate amount of ULID Assessments levied CO in connection with the issuance of the Future Parity Bonds by more than $5,000 plus any M amount of the proceeds of such Future Parity Bonds deposited into the Reserve Account. o IM FG: 102363683.2 Packet Pg. 113 8.2.a Exhibit C DESCRIPTION OF PLAN OF ADDITIONS The planned additions and betterments to the Water and Sewer Utility consist of those set forth in the City's Capital Improvement Program, as it may be amended from time to time by the City Council (the "CIP"). A summary of the improvements expected to be financed, in whole or in part, with proceeds of the Bonds is as follows: as Stormwater c �a • Phase 4, 5, 6, and 7 Annual Stormwater replacement and rehabilitation projects for repair p and replacement of stormwater pipe and related appurtenances due to age and undesirable pipe material and a need to improve conveyance. ° m • Stormwater Fund Contribution to Transportation Projects that include storm drainage infrastructure replacement and rehabilitation. _ Water • Yost and Seaview Reservoir Repairs and Upgrades for needed maintenance and structural upgrades to the 1.5 Million Gallon underground drinking water reservoir located in Yost Park and the 1.5 Million Gallon underground drinking water reservoir located in the Seaview Neighborhood. • Phase 14, 15, 16, and 17 Annual Water Main replacement projects for repair and replacement of water mains and related appurtenances due to age and undesirable pipe material and a need to improve flows. • Water Fund Contribution to Transportation Projects that include water infrastructure for replacement and rehabilitation. C-1 FG: 102363683.2 Packet Pg. 114 Exhibit D 8.2.a Form of UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Edmonds, Washington Water and Sewer Revenue Bonds, [Series] The City of Edmonds, Washington (the "City"), makes the following written Undertaking for the benefit of the holders of the above -referenced bonds (the "Bonds"), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined c below shall have the meanings given in Ordinance No. of the City. g go (a) Undertaking to Provide Annual Financial Information and Notice of Listed m Events. The City undertakes to provide or cause to be provided, either directly or through a ca designated agent, to the MSRB, in an electronic format as prescribed by the MSRB,, accompanied by identifying information as prescribed by the MSRB: D (i) Annual financial information and operating data of the type included in the final official statement for the Bonds, as described in paragraph (b)(i) ("annual financial information"); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non- payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership, or similar event of the City, as such "bankruptcy events" are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material, (15) incurrence of a financial obligation of the City or obligated person, if material, or D-1 FG: 102363683.2 Packet Pg. 115 8.2.a Exhibit D agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated person, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City or obligated person, any of which reflect financial difficulties. The term "financial obligation" means a (A) debt obligation; (B) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (C) guarantee of (A) or (B). The term "financial obligation" shall not include municipal securities as to which a final official statement has been T provided to the MSRB consistent with Rule 15c2-12. O c (iii) Timely notice of a failure by the City to provide the required annual ° m financial information described in paragraph (b)(i) on or before the date specified in paragraph (b)(ii). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time; (2) annual operating statistics for each of the component utility systems, as follows: number of customer accounts, a statement of gross and net revenues, total annual water consumption, and average daily water consumption; (3) monthly or bi-monthly rates and charges for each of the component utility systems; and (4) a statement of the coverage ratio for the fiscal year; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, ; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. If not submitted as part of the annual financial information described in paragraph (b)(i) above, the City will provide or cause to be provided to the MSRB audited financial statements, when and if available. (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, D-2 FG: 102363683.2 Packet Pg. 116 8.2.a Exhibit D dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. c (e) Termination of Undertaking. The City's obligations under this Undertaking shall �a p terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if those provisions of Rule 15c2-12 which require the City to ° m comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. N (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the CO City learns of any failure to comply with the Undertaking, the City will proceed with due to diligence to cause such noncompliance to be corrected. No failure by the City or other obligated c person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from c an appropriate court. 0 i (g) Designation of Official Responsible to Administer Undertaking. The Finance Director of the City or his or her designee is authorized to take such further actions as may be o CO necessary, appropriate or convenient to carry out this Undertaking in accordance with N Rule 15c2-12, including the following actions: N (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2-12; (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to municipal advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and D-3 FG: 102363683.2 Packet Pg. 117 8.2.a Exhibit D (v) Effecting any necessary amendment of the Undertaking. 2 FG: 102363683.2 Packet Pg. 118 8.2.a CERTIFICATION I, the undersigned, City Clerk of the City of Edmonds, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on , 2024, as that ordinance appears on the minute book of the City; 2. The Ordinance will be in full force and effect five days after publication in the City's official newspaper, which publication date is expected to be , 2024; and 3. A quorum of the members of the City Council was present throughout the meeting and a majority of its members voted in the proper manner for the passage of the Ordinance. Dated: , 2024. CITY OF EDMONDS, WASHINGTON City Clerk FG: 102363683.2 Packet Pg. 119 8.3 City Council Agenda Item Meeting Date: 05/28/2024 Options for City of Edmonds Fire/EMS Services Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History In 2010, the City of Edmonds contracted fire and emergency medical services (EMS) with Snohomish Fire District 1. This contract was revised in 2017. In 2017, Snohomish Fire District 1 and City of Lynnwood formed a new Regional Fire Authority (RFA); South Snohomish County Regional Fire Authority. September 2023, Council passed Resolution 1531, requesting information about annexation into the South Snohomish County Regional Fire Authority. November 2023, Council contracted the services of Fitch and Associates to study the feasibility of fire and emergency service alternatives. December 19, 2023, South County Fire notified the City of Edmonds of its intention to terminate the interlocal agreement for fire and emergency medical services as of December 31, 2025. April 16, 2024 - Fitch and Associates presented to Council, Comparison of Fire and EMS Services Options in Edmonds WA. April 24, 2024 - Fitch and Associates submitted their final report, City of Edmonds Emergency Services Analysis. (attached) May 7, 2024 - Public Hearing on options for City of Edmonds Fire/EMS Services. May 14, 2024 - Discussed at the PSPHSP committee meeting (draft minutes are pending Council approval on the consent agenda in this agenda packet, video is available on the city website). The PSPHSP committee members made the recommendation that joining the Regional Fire Authority by annexation was the preferred alternative for future fire and emergency medical services . Recommendation Consider adopting the resolution, as attached, stating Council's desire to pursue joining the Regional Fire Authority by annexation as the preferred alternative for fire and emergency medical services, and authorizing the mayor to pursue next steps regarding this alternative. Packet Pg. 120 8.3 Narrative The PSPHSP committee was tasked with reviewing the Fitch report and choosing an option for the resolution to recommend to the Council. The resolution in our packet reflects this recommendation and seeks to authorize the mayor to focus his inquiry on what it will take to implement that option. How and where to gather additional information will be an administrative decision. What we are not doing is: Obligating the city to one of the options tonight. Discontinuing further public dialog and input. Saying that our study is complete. What we are doing is: • Starting a transparent, public discussion among Council members regarding this resolution. • Expecting to continue our discussion with the full council in order to make a decision regarding our "preferred alternative" that we will forward to the Mayor for further consideration. • Consolidating what we've learned about our Fire Services over the past 10 months in order to focus on next steps toward securing services with the prescribed tasks and timelines. (Pg 29 of the Final Fitch report). Factors discussed by the PSPHSP Committee supporting the RFA as our preferred alternative Cost Savings Comparative cost analysis favors the RFA over other options. Overall benefit from economies of scale shared with other cities. Operational Continuity RFA knows Edmonds and our multifaceted requirements providing no drop-off in service levels. RFA already owns and maintains equipment, stations and vehicles that service our needs. Cooperative Agreements Cross -training of departments and support relationships are already established between the various jurisdictions including King County. The standard approach to emergency response across the RFA is already in place and understood. Service Expertise Knowledge base already established. Systems to support hiring, retaining and training employees. Long-range Planning Understanding of Utilization Factors, Service Options already established. Long-range needs considered for housing types and population increase. Questions asked by Council Member during the PSPHSP Committee discussion: 1. What is the proper format of the Resolution supported by RCWs and the RFA to initiate the annexation process. 2. What is the timeline and sequencing required for voter approval of annexation? Attachments: 5-28-2024 Draft Resolution Fire Service Preferred Alternative FITCH-Final Edmonds Report rspdf Packet Pg. 121 8.3.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, STATING THE DESIRE TO PURSUE JOINING THE REGIONAL FIRE AUTHORITY BY ANNEXATION AS THE PREFERRED ALTERNATIVE FOR FIRE AND EMERGENCY MEDICAL SERVICES AND AUTHORIZING THE MAYOR TO PURSUE NEXT STEPS REGARDING THIS ALTERNATIVE. WHEREAS, on December 19, 2023 South County Fire provided notice to City of Edmonds of its intent to exercise its right under the contract terms to cancel the contract in two years time; and WHEREAS, the Council hired Fitch and Associates to conduct an unbiased and objective analysis of the options available to the City with a vote approving the action on November 30, 2023; and WHEREAS, Fitch and Associates collected data, spoke to stakeholders, and conducted data analysis related to such options, and presented to Council on April 16, 2024; and WHEREAS, the related final report was in the May 7, 2024 council packet and input on our options was solicited from the public at this meeting; and WHEREAS, Council discussed the Fitch report and the topic of the future of Edmonds fire service at the council meeting with South County Fire and Rescue on March 26, 2024, with Fitch and Associates on April 16, 2024, with the South County Fire Board of Commissioners on April 23, 2024, and at the PSPHSP Committee meeting on May 14, 2024; NOW THEREFORE BE IT RESOLVED 1. That the City Council of Edmonds Washington selects joining the Regional Fire Authority by annexation as the preferred alternative for future Fire and Emergency Medical Services, and authorizes the Mayor to pursue next steps toward that end; and 2. The Council and public receive periodic updates on the work and the details of any transition as the steps happen and as details become known. RESOLVED this day of May, 2024. CITY OF EDMONDS MAYOR, MIKE ROSEN Packet Pg. 122 8.3.a ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 123 8.3.b Executive Report n 2010, the City of Edmonds' governing board elected to transition from a municipal fire service provided by the city to a contracted service with then called Snohomish Fire District 1. In 2017, the City of Lynwood and Snohomish Fire District 1 formed a new Regional Fire Authority (RFA) called South County Fire. The City of Edmonds continues to contract with South County Fire Regional Fire Authority (RFA) for fire and emergency medical services (EMS). Even though the current contract with the RFA and City of Edmonds is set to expire in 2030, South County Fire sent the city an "intent to terminate inter -local agreement for fire and emergency medical services" in December 2023 with the understanding that the contract will be terminated on December 31, 2025. This report is a culmination of information developed from onsite-structured interviews with key stakeholders, budget analyses, staffing analyses, quantitative and temporal analyses. The FITCH team found South County Fire to be a high quality, innovative, and professional fire department organization. The management team was well versed in modern management and operational practices in the provision of emergency services and has provided exemplary service to the City of Edmonds. South County Fire has received multiple awards for innovative practices in emergency medical services and is providing efficient and effective services as prescribed at the inception of the current agreement between the city and the district. The recommendations in this report aim to guide future discussions for alternative emergency service options and negotiations between the City of Edmonds. They provide an objective, data - driven analysis of current performance and identify future opportunities. The city is interested in forecasting General Fund revenues and expenditures under multiple scenarios: continuation of a service contract, annexation into the RFA, contract services with another provider, and forming a municipal fire department. FITCH developed these scenarios reviewing historical financial data, forecasting General Fund revenues and expenditures under these different options, and estimating impacts to residential taxpayers. Professionals of the FITCH consulting team conducted onsite interviews in January 2024. The team met with elected officials of Edmonds and stakeholders, including South County Fire Authority, South County Professional Fire Fighters, IAFF Local 4683, and other community Fire Chiefs. Additionally, phone interviews were conducted with community members, as well as follow-up conversations. The team received documentation from all of the stakeholders, including the draft Berk Fire Annexation Financial Analysis completed in 2023 for the City of Edmonds. FITCH gathered and analyzed this data and it was determined that the City of Edmonds has three potential scenarios for providing fire and EMS services within their community: • Annex into the RFA • Contract with Shoreline Fire Department • Create a new Edmonds Fire and Rescue Department. • Separate fire and EMS services -contract with an EMS provider. Packet Pg. 124 8.3.b Description of Community Edmonds is located in the southwest corner of Snohomish County in Western Washington, facing Puget Sound and the Olympic Mountains to the west. The city is considered a suburb of Seattle, located 15 miles to the south and 18 miles southwest of Everett. With a population of 42,853 residents in the 2020 U.S. Census, Edmonds is the third most populous city in the county. The city is bordered to the west by Puget Sound and the city of Woodway, which lies south of Pine Street and west of 5th Avenue South. To the south of the county boundary at 244th Street Southwest is Shoreline in King County. The city's southeastern border with Mountlake Terrace is defined by the Interurban Trail, while the eastern and northern borders with Lynnwood run along 76th Avenue West, Olympic View Drive, and Lund's Gulch. The unincorporated area of Esperance, located in the southeast corner of the city, is an enclave of Edmonds and has resisted several attempts at annexation. According to the U.S. Census Bureau, the city has a total area of 18.42 square miles of which 8.90 square miles is land and 9.52 square miles is water. Edmonds has 5 miles of shoreline, which is crossed by several small streams. The Puget Sound makes up 86 percent of the city's drainage basin, with other streams flowing into Lake Ballinger to the southeast. The city's main commercial districts are Downtown Edmonds, situated in a valley known as the "bowl", and the State Route 99 corridor at its east end. The downtown area and "bowl" have views of Puget Sound and the Olympic Mountains. The city has several outlying suburban neighborhood with their own commercial centers, including Firdale, Five Corners, Perrinville, Seaview, Sherwood, and Westgate. Packet Pg. 125 8.3.b History of Relationship with RFA and Legal Basis In 2010, the City of Edmonds' governing board elected to transition from a municipal fire service provided by the city to a contracted service with then called Snohomish Fire District 1. In 2017, the City of Lynwood and Snohomish Fire District 1 formed a new Regional Fire Authority (RFA) called South County Fire. The City of Edmonds continues to contract with South County Fire Regional Fire Authority (RFA) for fire and emergency medical services (EMS). The RFA includes the cities of Brier, Edmonds, Lynnwood, Mill Creek, and Mountlake Terrace, and unincorporated areas in the southwest portion of Snohomish County. As the legislative branch of a mayor -council, non -partisan, representative form of government, seven part-time council members are elected directly by the people to staggered four- year terms. All positions represent the community at large. The City Council adopts the city budget, establishes law and policy, approves appropriations and contracts, levies taxes, and grants franchises. Council members also represent the city on boards and commissions and to other organizations. The City Council is the legislative body that establishes city policy. The Council's legislative authority is established by Title 35 of the Revised Code of Washington Laws of Cities and Towns. Section 35A.11.020 of the Optional Municipal Code sets forth the powers vested in legislative bodies of non -charter code cities. The South County Fire District's services within the City of Edmonds are appropriately resourced for the contractual requirements. In addition, the district has internally developed and adopted response standards by call type for travel time for the entire district. The elected body for the City of Edmonds is a partner with all of the RFA as a service provider, but also retains the responsibility to participate in a fluid standard setting process for the contracted services within the city, as occurred at the inception of the relationship. In other words, the city should have an expectation that they have input into the development of service expectations within the city and the flexibility to adjust said performance standards. For example, there may be greater value in adopting achievable performance standards within the city, rather than acknowledging continued deficiencies without the associated active planning efforts to improve service to meet the current standards. In 2022, voters in Mill Creek voted to annex into the RFA. In 2023, voters in Brier and Mountlake Terrace voted to annex, as well. Although the current contract with the RFA and City of Edmonds is set to expire in 2030, South County Fire sent the city an "intent to terminate inter -local agreement for fire and emergency medical services" in December 2023. Packet Pg. 126 8.3.b U.S Census Data Population I The City of Edmonds is located in Snohomish County, Washington with an estimated population in 2022 of 42,593. Spanning over 9 square miles, Edmonds has a population density of 4,806.3 people per square mile. Edmonds is the third most populous city in Snohomish County, behind Everett and Marysville. Since the 2010 Census, the population has seen an increase of around 9%. U. S. Census Estimates Total Population Population Per Square Mile Land Area in Square Miles Socioeconomic Characteristics' City of Edmonds _ 42,593 (2022) 4,806.3 (2020) 8.92 (2020) For the City of Edmonds, the growth and age of the population are not the sole variables that influence demand for services. Additional factors, such as socioeconomic and demographic factors can ultimately have a greater influence over demand. For example, median household income in the community was evaluated to determine to the extent to which the city has socioeconomically challenged populations. According to the latest data provided by the U.S. Census Bureau Quickfacts in 2022, the City of Edmonds household income is almost double the national average. The median household income in the city is reported at $110,057, whereas the national average is $69,021. Edmonds per capita 2022 income was $68,793, with approximately 4.2% of the inhabitants below the poverty level. The United States per capita income is at $37,638 and poverty average is 11.6%. These types of monetary variability can impact personal healthcare and prevention practices which impact district services. U. S. Census Demographics Median Household Income Median Home Value Owner Occupied Households Persons in Poverty City of Edmonds $110,057 (2022) $761,300 (2020) 69.7% (2020) 18,269 4.2% 1, 2 https://www.census.gov/quickfacts/edmondscitywashington Packet Pg. 127 8.3.b Community Demographics Age Demographics' According to the United States Census Bureau, persons under 5 years of age account for 4.8% of the population in the City of Edmonds, persons under 18 account for 17.4% of the population, and persons over 65 for 22.8% of the population. Populations younger than 5 years and older than 65 years are considered by the U.S. Fire Administration at a high risk for injury and death from fires. The aging population poses significant risks for emergency services, as persons older than age 65 years utilize EMS services at a far greater rate than younger populations. This is due to chronic conditions and diseases including cardiovascular disease, diabetes, dementia and cognitive declines, and elderly falls. Years of Age City of Edmonds iL Snohomish County United States Under 5 4.8% 5.9% 5.6% Under 18 17.4% 21.8% 21.7% 65 and over 22.8% 15.0% 17.3% Diversity 4 The City of Edmonds diverse population is as follows: White, alone 77.1% Black or African American alone 1 2.0% , American Indian and Alaska Native alone 1 0.4% Asian alone 9.3% 1 Native Hawaiian and Other Pacific Islander alone 0.7% Two or More Races . 7.7% Hispanic or Latino 1 6.5% 1 White alone, not Hispanic or Latino 1 74.8% 3,4 https://www.census.gov/quickfacts/edmondscitywashington Packet Pg. 128 8.3.b Community Characteristics Area Economics The City of Edmonds has an estimated workforce population of 22,152 and an unemployment rate of 6.2 percent. As of 2019, most of the city's employed residents commute to neighboring cities for work, including 11 percent to Seattle, 6 percent to Lynnwood, 6 percent to Everett, and 5 percent to Shoreline. Only 11.7 percent of residents work at employers within Edmonds city limits. The average one-way commute for Edmonds residents was approximately 31 minutes. The most common occupational industry for Edmonds residents is in educational and health services, employing 23 percent, followed by retail (13%) and professional services (12%). Transportation Features The city is connected to nearby areas by two state highways and the state ferry system, which operates a ferry route to Kingston on the Kitsap Peninsula. Public transit service in Edmonds is centered around the downtown train station, served by Amtrak and Sounder commuter trains, and includes several Community Transit bus routes that travel through outlying neighborhoods. The city's ferry terminal is located at the west end of Main Street at Brackett's Landing Park and is served by a ferry route to Kingston on the Kitsap Peninsula. From 1979 to 1980, Washington State Ferries also ran ferries to Port Townsend during repairs to the Hood Canal Bridge. The Edmonds train station lies a block southwest of the terminal and is served by Amtrak's intercity Cascades and Empire Builder trains, as well as Sound Transit's Sounder commuter train. These trains operate on the BNSF Railway, which runs along the Edmonds waterfront and is primarily used for freight transport. Two state highways, State Route 104 and State Route 524, connect the downtown area to eastern Edmonds and other points in southern Snohomish County and northern King County. An additional state highway, State Route 99, runs north -south in eastern Edmonds and connects the city's commercial district to Seattle and Everett. Public transportation in Edmonds is provided by Community Transit, which serves most of Snohomish County and covers 74 percent of Edmonds residents. Community Transit's local buses run on major streets and connect downtown Edmonds to transit hubs at Aurora Village, Lynnwood Transit Center, and Edmonds Community College. It also operates Swift on State Route 99, a bus rapid transit service connecting Aurora Village and Everett. Community Transit also operates three commuter routes that run from park and ride lots in Edmonds to Downtown Seattle and the University District. Packet Pg. 129 8.3.b 01 11ifn South County Fire Organizational Overview The South County Fire Department provides high quality fire suppression, emergency medical, technical rescue, and hazardous materials services from 15 fire stations staffed with a minimum daily staffing level of 58 personnel. Additionally, the organization delivers a full spectrum of fire and life safety services supported by administrative staff and training officers to ensure the first responders are well prepared for any hazard or situation they may face. The department provides services to nearly 259,641 residents in southwest Snohomish County in an area of approximately 52 square miles. The department serves the cities of Lynnwood, Brier, Edmonds, Mountlake Terrace and surrounding unincorporated areas. The combined response coverage area consists of 922 miles of public roadways. The department's service area includes more than 97,000 housing units and more than 2,000 non-residential occupancies, including office, professional services, retail/wholesale sales, restaurants/bars, hotels/motels, churches, schools, government facilities, healthcare facilities, and other non-residential uses. t� H'dt Lake \; Mariner Lakr ®serene Lake Mill ' Stickney Creek Sol— Fin K•Ner i Corm" ® Hartlr r� Lalr• T'Ir L Lynnwood Hilltop Edmonds Mountlake Terrace Brier ©zo""`°�^""•�`•"°^• ® ® Rrponei f re •.rlMnty Sr d una« co mt Packet Pg. 130 8.3.b South County Fire Organizational Overview Human Resources The Fire Chief is accountable to the district for the overall operations of the fire department and implementation of policy. As the department director, the chief oversees an annual budget of $110 million. The chief is responsible for the development and support of collaborative relationships with other fire and emergency services agencies, and the public. South County Fire is governed by a board of seven elected commissioners: five commissioners elected from districts of roughly equal population and two commissioners elected at -large. Commissioners are responsible for defining the agency's long-term vision and for adopting the budget and policies to be implemented by administrative staff. The department's service capacity consists of a daily on -duty response force of 70 personnel from 8:00 a.m. to 8:00 p.m., staffing 12 engines, two ladder trucks, and six Advanced Life Support (ALS) / Basic Life Support (BLS) ambulances, as well as three Battalion Chiefs and one Medical Services Officer stationed at 15 strategically placed stations. Three aid/medic ambulances are out of service from 8:00 p.m. to 8:00 a.m., reducing on -duty staffing to 64 personnel during those hours. Four platoons of firefighters work on a rotating schedule to provide 24-hour coverage. Battalion Chiefs oversee operations in three geographic zones, and captains provide supervision at the station level. Packet Pg. 131 8.3.b South County Fire Organizational Overview All station personnel are trained either to the Emergency Medical Technician (EMT) level to provide BLS pre -hospital emergency medical care or to the EMT -Paramedic (EMT-P) level to provide ALS pre -hospital emergency medical care. The department also provides both ALS and BLS ground ambulance transportation services. When needed, air ambulance services are provided by Airlift Northwest operating from Arlington and Boeing Field or the U.S. Coast Guard, as available. There are four hospitals with emergency services within the region, including one trauma center and burn center in Seattle. The department's dispatching service, Snohomish County 9-1-1, is part of a countywide joint dispatch partnership agency that allows the dispatching of the closest fire and ambulance resources countywide, regardless of agency boundaries. All response personnel are trained either to the U.S. Department of Transportation Hazardous Material First Responder Operational (FRO) level to provide initial hazardous material incident assessment, hazard isolation, and support for a hazardous material response team or to the Hazardous Materials Technician level. The department cross -staffs a Hazardous Materials Decontamination Unit as needed from Station 12 to support the regional Hazardous Materials Response Team sponsored by Boeing, City of Everett Fire Department, Marysville Fire Department, and many other jurisdictions in Snohomish County. Response personnel are also trained to the Confined Space Awareness, Low Angle Rope Rescue Operational, and Swift Water Rescue Awareness levels. The department cross -staffs a Technical Rescue unit at Station 21 in Lynnwood with confined space rescue, trenching/shoring, structural collapse, Urban Search and Rescue, high/low-angle rope rescue, and ice/water rescue capabilities. The department has two aluminum outboard water rescue boats, one cross -staffed by Station 16 personnel in Edmonds and the other cross -staffed by Station 19 personnel in Mountlake Terrace. Packet Pg. 132 8.3.b South County Fire Organizational Overview Fire Prevention The Fire Prevention Division provides a coordinated community risk reduction effort. The goal is to identify, prioritize and strategically plan to reduce risks and build healthy, safe and resilient communities. South County Fire provides fire marshal services in the City of Edmonds, including fire inspections and plan reviews. Properties with Edmonds addresses in unincorporated areas outside the city limits (Picnic Point, orth Meadowdale, Esperance, etc.) receive these services from the Snohomish County Fire Marshal. Community Outreach South County Fire offers online and in -person classes and programs to help citizens stay safe and informed. Classes offered include: ACT First Aid & CPR Aging in Place Car Seats Child Safety & CPR Disaster Preparedness Home Fire Safety Impact Teen Drivers Workplace Emergency Preparedness q4V Residents who reside in the South County Fire service area can request a home safety evaluation. South County Fire conducts home safety evaluations which involve a visit from Outreach staff to assist with smoke and carbon monoxide alarms and to evaluate home fall hazards. Community Paramedic South County Fire's Community Resource Paramedic Program links patients with the community services needed. The main goal of the program is to help people stay safely at home - and out of the emergency room. This program is partially funded by a grant from Verdant Health Commission and a contract with North Sound Accountable Community of Health. Community paramedics follow up with at -risk patients through a telephone call or a home visit to find out what's behind multiple calls to 9-1-1. In addition to a medical assessment, there is a home safety survey to prevent falls and other risks. The program also assists patients with food issues, transportation for care, in -home care referrals, and mental and behavioral health services. Packet Pg. 133 8.3.b O,:MMMF: by y GCity of Edmonds ,4 v d L_ Page 11 April Physical Resources- Apparatus Engine - A piece of fire apparatus that carries water, medical equipment, and tools to the scene of an emergency. The primary function of this crew at a fire is to establish a water supply, search for people in the interior of a structure and apply water with hose lines to extinguish the fire. Engines in Edmonds: 3 Medic/ Aide Unit- This apparatus is equipped for basic or advanced life support medical care. Its primary purpose is to provide diagnostic assessment, treatment, and transport for patients experiencing medical emergencies. Medic/Aide units in Edmonds: 3-5 Packet Pg. 134 8.3.b Physical Resources- Apparatus Battalion Chief - This emergency response vehicle is staffed by a Battalion Chief who oversees emergency responses, line personnel, and some non -emergency programs. Rescue Boat - This emergency response vehicle is used to staff water rescue personnel to the scene of a water related emergency. Located at Port of Edmonds Brush Engine- A wildland or brush truck is specifically designed to assist in fighting brush, forest and wildfires by transporting firefighters to the scene and providing them with access to the fire, along with water or other equipment. Packet Pg. 135 8.3.b Physical Resources- Edmonds Fire Stations Station 16 Maplewood Station 8429 196th Street SW Edmonds, WA Resources: Engine / Medic (cross -staffed) Personnel: 3 Station 17 Downtown Edmonds 275 Sixth Ave. North Edmonds, WA Resources: Engine / Medic (cross -staffed) Personnel: 3 Station 20 Esperance Station 23009 88th Avenue W Edmonds, WA Resources: Engine / Medic Personnel: 5 Packet Pg. 136 8.3.b Edmonds Emergency Call Volume 12.05% increase from 2019 2019 2020 2021 2022 2023 Chart and data retrieved from South County Fire Annual Report to City of Edmonds April 2024 SERVICE TYPE CALLS Calls volumes across the country have increased dramatically in the last decade. The residents in Edmonds are calling 9-1-1 and using emergency services 12% more than they did just five years ago In 2023, community demand requests for service totaled 6,147, averaging 16.84 calls per day. EMS calls totaled 5,299, or 86.2% of the total, averaging 14.5 calls per day. Fire related calls totaled 500 or 8.1 % of the total, averaging 1.37 calls per day. The third largest category is service calls, which totaled 335 or 5.4% of the total requests. Packet Pg. 137 8.3.b "V F1)•t,_ Edmonds Emergency Call Volume Busy time, or time on task, was measured from unit dispatch date and time to unit clear date and time. All units assigned to South County Fire for the City of Edmonds made 6,147 responses, and were busy on calls for a total of 6,042 hours. Overall, average busy minutes -per -response was 31.2 minutes, and average number of units responding per call was 1.9. The EMS program was the busiest program in the department, accounting for -84.5% of the department's total response volume, and 87.8% of the department's total busy hours. Call Category Number Number Average of FM Responses Total Hours Busy Avg. of FDi Busy Minutes Average Calls per Avg. Avg. Responses Hours Busy per of Calls Responses Unit per Call Units Response per Day per Day Day Map from South County Fire Standards of Coverage Analysis Volume 2 March 2019 South County Fire Station Response-+. Areas i •� .i C s .21 �� ■ n i I i0 � ie j �I i ■�s i � n e v� a rc {r t• Legend Fire Stations Geography CI 13 Enq—,M— Stre.t. ®t. BC. Ladd-Engi- Medic. Ak Freeways 15 Ledde.. Mean M.ro. so..c coik�m. Breen to 17 BC. Eng�neRde6c ResWenUa�Siieets 1• - En9—,TR. Medic. aC. MSO One. Sams ig * Aa Ad Stedons Fire Station Areas 20 ,0 zt �1 zz ,Z 23 �t ars Packet Pg. 138 8.3.b City of Edmonds Physical Assets Protected Sufficient data was available from the internal inspection records that provided specific building occupancy information. Individual buildings were rated by multiple variables such as number of stories, location, stories below grade, construction class, and the presence of automatic sprinklers. Although this information was utilized throughout the risk assessment process and calculations, the map on the following page shows specific locations of rated occupancies and the respective risk severity. Buildings, The department's service area in Edmonds includes more than 19,471 housing units and more than 1,642 non-residential occupancies, including offices, professional services, retail/wholesale sales, restaurants/bars, hotels/motels, churches, schools, government facilities, healthcare facilities, and other non-residential uses. Building Occupancy Risk Categories The CFAI identifies four risk categories that relate to building occupancy as follows: Low Risk - includes detached garages; storage sheds; outbuildings; and similar building occupancies that pose a relatively low risk of harm to humans or the community if damaged or destroyed by fire. Moderate Risk - includes detached single-family or RFA •, High Risk Oaupamies ;0'i ti '. 1 • • e .�•.� �.---- 1. 0 ° Map from South County Fire Standards of Coverage Analysis volume 2 March 2019 two-family dwellings; mobile homes; commercial and k Factors Station Response industrial buildings less than 10,000 square feet without [IS St. 16 St. 17 St. 20 a high -hazard fire load; aircraft; railroad facilities; and similar building occupancies where loss of life or High Risk 38 37 34 109 property damage is limited to the single building. occupancies High Risk - includes apartment/condominium buildings; commercial and industrial buildings more than 10,000 square feet without a high -hazard fire load; low -occupant load buildings with high -fuel loading or hazardous materials; and similar occupancies with potential for substantial loss of life or unusual property damage or financial impact. Maximum Risk - includes buildings or facilities with unusually high risk requiring an Effective Response Force involving a significant augmentation of resources and personnel, and where a fire would pose the potential for a catastrophic event involving large loss of life and/or significant economic impact to the community. Evaluation of the city's building inventory identifies 109 high- and maximum -risk building uses as they relate to the CFAI building fire risk categories. 5South County Fire Standards of Coverage Analysis Volume 1 March 2019 Packet Pg. 139 8.3.b City of Edmonds Physical Assets Protected Critical Facilities, The U.S. Department of Homeland Security defines critical infrastructure / key resources (CIKR) as those physical assets essential to the public health and safety, economic vitality, and resilience of a community, such as lifeline utilities infrastructure, telecommunications infrastructure, essential government services facilities, public safety facilities, schools, hospitals, airports, etc. South County Fire identified 155 critical facilities throughout the service area, 28 of which are located in Edmonds. A hazard occurrence with significant impact severity affecting one or more of these facilities would likely adversely impact critical public or community services. Risk STATION RESPONSE ZONE Factors Station Station Station TOTAL Critical 16 17 20 Facilities 4 9 15 28 RFA Critical Facilities •'' Age t� S ; . it • •10 • *.6 r.... � _.. Yr �• • • • '" 12 • •� 1 • i f • j•" • • • i • ♦ �so � j Legend • • • • �"^ry • •• •ie • • �,�.,a �..cn.M G•ognphy • • • ��, Flre Station• Brma �•�� • • • • • • ,_,r : �.s • En•ro/Medb �fi.w.Y. • • • • � BC.ladd•IEpYr. M••e. Aid a~• �• • •rn • • .• • • �" � lallEMAl.dk Mtlw•Y B.wY • • • �' � � eq e�•�wu.•e o..n.w • •• • - . En.-", Medic. BC. MW ....... • ............ ♦... ....... �.._,............ ,` r.,�, n......... IVIdp HUM JVLILII t UU[ILy rllt JLdlIUdIUS ul L'UveIdge /irldryJlJ vulufflu L IVIdIGII ZV I U s south County Fire Standards of Coverage Analysis Volume 1 March 2019 Packet Pg. 140 8.3.b Current Deployment Model The South County Fire Department provides a high level of service within the City of Edmonds. This level of service includes three advanced life support ambulances and three engines. In addition to these resources stationed within the city, when various emergencies occur, the RFA sends the following resources described in the chart below. LRisk Type Minimum Type of Resources Personnel Sent 1- Patient EMS 1 Engine/ Ambulance or Ladder Ambulance 3-5 FF Vehicle Fire 1 Engine 3 FF Fire in Residential 2 Battalion Chiefs, 1 Medic Unit, 1 BLS Unit, 3 Structure Engines, 1 Ladder, 1 Technical Rescue Unit and 1 22 FF Medical Services Officer Fire in Same as "Residential Fire" with One Additional Commercial Engine 25 FF Structure Technical Rescue 2 Engines, 2 Ambulances, 1 Ladder, 1 Technical 17 FF Rescue and 1 Battalion Chief First Alarm- 2 Engines Hazardous Second Alarm and above: Materials Decon Unit, Battalion Chief, Hazardous Materials 16-19 FF Response Technical Units and Ambulances Based on Patients Response Resources chart from South County Fire Standards of Coverage Analysis Volume 1 March 2019 As the emergency situation becomes more complex and creates increased risk for responders, South County Fire must utilize additional resources to mitigate these incidents. Packet Pg. 141 8.3.b Unit Hour Utilization (UHU) Time on task is necessary to evaluate best practices in efficient system delivery and for considering the impact the workload has on personnel. Unit Hour Utilization (UHU) values represent the proportion of the work period (e.g., 24 hours) that is utilized responding to requests for service. Historically, the International Association of Fire Fighters (IAFF) has recommended that 24-hour units utilize 0.30, or 30%, workload as an upper threshold? In other words, this recommendation would have personnel spend no more than 7.2 hours per day on emergency incidents. These thresholds take into consideration the necessity to accomplish non -emergency activities such as training, health and wellness, public education, and fire inspections. The 4th edition of the IAFF EMS Guidebook no longer specifically identifies an upper threshold. However, FITCH recommends that an upper unit utilization threshold of approximately 0.30, Or 30%, would be considered best practice. In other words, units and personnel should not exceed 30%, or 7.2 hours, of their work day responding to calls. These recommendations are also validated in the literature. For example, in their review of the City of Rolling Meadows, the Illinois Fire Chiefs Association utilized a UHU threshold of 0.30 as an indication to add additional resources a Similarly, in a standards of cover study facilitated by the Center for Public Safety Excellence, the Castle Rock Fire and Rescue Department utilizes a UHU of 0.30 as the upper limit in their standards of cover due to the necessity to accomplish other non -emergency activities 9 Every day, the agency staffs three units including one engine, one ALS unit, and one ladder truck. We combined the workload of two engines, three ALS units, and ladder/rescue units to calculate UHU since only three units were staffed daily. 0.35 0.3 0.25 0.2 0.15 0.1 0.05 0 Unit Hour Utilization (UHU) IAFF Upper Threshold Station 16 Station 17 ■ Unit Hour Utilization (UHU) Station 2D (UHU data from South County Fire Standard of Coverage March 2019- p. 57) The three stations which cover the city of Edmonds Station 16 (17.5%), Station 17 (14.3%) and Station 20 (19.8%). The average UHU for the stations in Edmonds is 17.2% The busiest unit in the department was the ALS units with a UHU value of 15.1 % (1,321 busy hours for 24 hours per day), followed by the engine unit with a UHU value of 8.6% (751 busy hours for 24 hours per day). The least utilized unit was the ladder with a UHU value of 1.0%. The three units combined had a UHU value of 8.2%. 7 International Association of Firefighters. (1995). Emergency Medical Services: A Guidebook for Fire -Based Systems. Washington, DC: Author. (p. 11) 8 Illinois Fire Chiefs Association. (2012). An Assessment of Deployment and Station Location: Rolling Meadows Fire Department. Rolling Meadows, Illinois: Author. (pp. 54-55) 89Castle Rock Fire and Rescue Department. (2011). Community Risk Analysis and Standards of Cover. Castle Rock, Colorado: Author. (p. 58) Packet Pg. 142 8.3.b Option 1: Join the RFA Through Annexation eginning in 2003, the City of Edmonds and the South County Fire Authority have had a contractional relationship which provided a high level of fire and emergency medical services to the residents within their community. By supporting the annexation of the City of Edmonds into the Fire Authority, the community would continue to receive the high level of service the community has been provided. In addition, the community has many benefits with services that would be difficult to replicate and assign a quantitative cost to these services. Annexation into the RFA would reduce the general fund by -$6.5 million, which partially funds the current annual contract cost. This would strengthen Edmonds' general fund to address future projects and other city -provided services. Additionally, The City could potentially use these funds to lower the city's portion of the property taxes for their residents. In an annexation scenario, Edmonds would be relieved of the current firefighter portion of the LEOFFI ; South County would transfer that liability from Edmonds ($6.6M-OPEB); annual cost of $83,000. In addition, they would no longer be responsible for the fire dispatch fees payable to Snohomish County 9-1-1. In 2024, that amount is $401,107. Packet Pg. 143 8.3.b Option 2: Contract with Shoreline Fire Department FITCH met with the Fire Chief of Shoreline Fire Department to assess the level of interest in entering a service contract with the City of Edmonds to provide Fire and EMS services. In 2022, King County Fire Protection NOA (Shoreline Fire Department) and King County Fire Protection District NO.16 (Northshore Fire Department) entered into an inter -local agreement for fire and emergency medical services, where Northshore Fire Department contracts with Shoreline to provide fire and emergency medical services within their jurisdiction. Shoreline's response area is within King County except for the town of Woodway in Snohomish County. The Shoreline Fire Department Emergency Medical Services is governed by Medic One, King County Emergency Medical Services. Due to funding through King County for emergency medical services, it has been determined that Shoreline Fire Department could provide an EMS unit within the City of Edmonds. However, the Shoreline and King County EMS Levy would have to be applied ($1.48, AV/1000). Further discussions need to be facilitated with Shoreline Fire, King County, and medical directors to find out if this service can operate out of Snohomish County and within the jurisdiction of another medical system's direction and protocols. In 2023 and 2024, the costs to Northshore for contracted services: ( This is provided to demonstrate the increased cost in one year for contracted services). North Shore 2023 2024 Annual Contract Fee $9,551,329.00 $12,041,180 Under the current contractional agreement, Northshore is responsible for all the capital funding necessary to provide service within its area. The City of Edmonds needs capital equipment for fire and EMS services to explore and consider any option outside annexation within the RFA. Depending on the terms of the contract, Edmonds would likely be required to purchase the initial capital (-$6.7M) and renovate its facilities (-$20M). In addition, an annual capital replacement amount would be needed to replace items as they reach the end of their life cycle. Numerous variables in this scenario contribute to uncertainty regarding both its extent and the potential cost to the City of Edmonds. Debt service, replacement capital funding, and labor rates could feasibly exceed the price of the current contract with South County Fire. Packet Pg. 144 8.3.b Option 3: Create Own Department In 2009, the City of Edmonds dissolved its fire department, sold its assets, and merged its personnel to Snohomish County Fire Protection District NO. 1 (South County Fire). In total, 50 personnel were transferred from the City of Edmonds to South County. For the city to continue to provide the same level of service as it is currently receiving, it will require 51 operations personnel and five administrative/support positions for a total of 56 personnel. In discussions with South County Fire, they aim to retain all personnel assigned to the City of Edmonds contract. Given current labor challenges, Edmonds may experience difficulty recruiting and hiring qualified personnel to provide fire and EMS services to the community. Additionally, Edmonds will need to hire a complete command staff with support personnel to continue the present level of service. South County Fire employees are at the midpoint of the mutually agreed upon comparable agencies for collective bargaining purposes in comparing total compensation. Shift Firefighter/Paramedic Driver Company Battalion Total Staffing Operator Officer Chief Needs Edmonds Station 16 Fire 2 1 1 4 Suppression Unit EMS Unit 2 2 Battalion I 1 Chief Edmonds Station 17 Fire 2 1 1 4 Suppression Unit EMS Unit 2 2 Minimum R 2 2 I 13 Shift Staffing Staffing 4.5 2.5 3 3 Relief Factor 3 Platoon 36 6 6 3 51 System Administrative Position Fire Chief 1 Deputy Chief 2 Fire Inspector 1 Administrative Assistant 1 Suppression and EMS Personnel Total 51 Total FTEs 56 Packet Pg. 145 8.3.b Option 3: Create Own Department Capital Funding and Purchase South County purchased the assets utilized by the former Edmonds on a depreciated scale. According to the 2009 Inter -local Agreement for Services between Snohomish County Fire Protection District NO.1 and the City of Edmonds, dated 3 November 2009, the following values were agreed upon: Category Depreciated Purchase Price Rolling Stock Vehicles $1, 419,205.00 Attractive Assets (Equipment, PPE, Radios $248,399.00 On -Board Equipment $100, 253.00 Non -Built in, Non -Fixed Station Furnishings $30, 366.82 Total (2009) $1,798,223.82 Applying a conservative inflation rate of six percent (6%) to the 2009 agreement equates to $4,309,548.00 in 2024. Fire and EMS have experienced an inflation rate year after year, far exceeding the conservative value of six percent (6%) for rolling stock and attractive assets. The following illustration estimates what Edmonds may require for expend itures(-$6.7M) if they purchase capital assets to provide fire and emergency services. These figures are only estimates and formal Requests For Proposals (RFP) would be required to determine exact costs based on agency specifications. * Note: Build time for new apparatus is currently 20-36 months after the order is placed. Estimated Capital Start Up Costs Item Fire Appartaus (4)- includes 1 reserve Current Market Estimate $3,900,000 Ambulances(4)-includes1 reserve $1,550,000 Command Staff Vehicles (3) $250,000 Firefighter Protective Equipment-(2) sets per fi refighter $401,000 Self Contained BreathingApparatus (24) $250,000 EKG- Monitor Defibrillator (4) $150,000 Radios (25) Total $250,000 $6,751,000 * There is a myriad of options based on the acceptable level of risk in a community. Packet Pg. 146 8.3.b Option 3: Create Own Department Current facilities The current fire stations within Edmonds need remolding, rebuilding, and relocations. South County Fire has forecasted a project price of -$20 million to complete this project. An updated needs assessment will be required to determine a refined cost estimate. Operational Costs In evaluating current and future service levels within the City of Edmonds, the operational costs would be $19.2M (which includes ancillary and support services such as, fire prevention, training academy access, community resource paramedic, medical officer, PIO, and public education) in addition to ongoing replacement funding for future capital expenditures. Packet Pg. 147 8.3.b Option 4: Contract with EMS Service Feasibility of Separate Fire and EMS Services for Edmonds Collective Bargaining Agreements for Shoreline Fire Department and Shoreline Firefighters Local 1760, South Snohomish County Fire & Rescue, Regional Fire Authority, and International Firefighters Local 1828, prohibit subcontracting for emergency medical services. Currently, no AILS private ambulances are operating within Snohomish County. The development of a single role (EMS -only Providers) would require additional research and development to determine the feasibility of the City of Edmonds. This approach has declined nationally due to decreased private EMS providers and communities needing to retain transport fees. Another consideration is that current economic conditions would necessitate the City of Edmonds to subsidize any private provider. Packet Pg. 148 8.3.b Summary of Options- Based on Current Level of Service Option 1: Annex into South County Fire-RFA Reduce General Fund expenditures by: --$6 million -Current contract savings Annual Cost= $17.8M $401,107- County 911 $83,000- OPEB annual Savings Total Savings=-$6,484,000 —$6.5M reduction in general fund liabilities Relieved of $6.6 million- LEOFF1liability Other Post Employment Benefits (OPEB) Retiree medical benefits $6.6M reduction in long Annualized Cost- $83,000 term liability Option 2: Contract with Shoreline Fire Department Annual operations and personnel cost- Annual Cost= $24.9M ' $22.7 M Debt Service: equipment and stations- $2.2M* * Amortized station relocation, repair, construction and other capital equipment. Option 3: Create Own Department Annual operations and personnel cost-$18M Debt Service- equipment and stations- Annual Cost= $19.2M $2.2M* Estimated Ambulance Billing Revenue= -$1M (offset) * Amortized station relocation, repair, construction and other capital equipment. Option 4: Separate fire and EMS services -contract with an EMS provider Not a viable option due to CBA's and lack of 911 private services. Packet Pg. 149 8.3.b O1.MMMM - ) y o,4 d City of Edmonds L_ Page 27 April Station and Staffing Models: The City of Edmonds Forms Their Own Fire and EMS Service a On Duty 2 Station Staffing , Model Personnel and operating $18M 1 1 -1 5 $12M 1 0-1 2 $6M 5-7 Annual Debt Service $2.2M $2.1K $1.7M Ambulance Transport fees —($1 M)—($670K) _($500K) Levy-req. AV/1000 $1.25 $0.87 $0.47 Total $19.2M $13.4M* S7.11A* Station and Staffing Models -Considerations Additional considerations for reduced staffing or stations: • A "One Station Model" would significantly Impact RESPONSE TIMES. • Reliability of Units (available for the next call). • Effective Response Force (ERF) - EMS-ALS (3-5 personnel), Residential structure Fire (14-22 personnel). • Unable to complete critical tasks (Fire -EMS for moderate risk, high risk, and max risk calls). • Reliance on mutual aid when units are tied up (could include a service charge per unit by provider). • Stations would have to be optimized (relocated $$) for maximum effectiveness. I• A minimum of 3 resources are needed to handle current call volume • Stations (3) x 1.10 = 3.3 Resources • Average of 16.8 calls per day Packet Pg. 150 8.3.b 01 a try City of Edmonds 2 4,SV >"r W d L_ Page i April U_ Side by Side Comparison of Options 0 Annex into South County Fire RFA Reduce General Fund expenditures by: $6 million —Current contract savings $401,107- County 911 $83,000- OPEB annual Savings Total Savings=—$6,484,000 Relieved of $6.6 million- LEOFF1 liability Other Post Employment Benefits (OPEB) Retiree medical benefits Annualized Cost- $83,000 Annual Cost= $17.8M $6.5M reduction in general fund liabilities. $6.6M reduction in long term liability. Contract with Shoreline Fire Department Annual operations and personnel cost-$22.7M Debt Service- equipment and stations- $2.2M* * Amortized station relocation, repair, construction and other capital equipment. Annual Cost= $24.9M* Form Edmonds Fire Department Annual operations and personnel cost-$18M Debt Service- equipment and stations- $2.2M* * Amortized station relocation, repair, construction and other capital equipment. Estimated Ambulance Billing Revenue= --$1M Annual Costs=$19.2M* y 0'V F D.4I"� � f c Packet Pg. 151 8.3.b Implementation Tasks and Timelines Annex into South County Fire RFA Contract with Shoreline Fire/EMS Form Edmonds Fire Department • Resolution requesting Make formal request • Hire a Fire Chief, Deputy annexation. for proposal. Chief, and Administrative • Review of request by Initiate Contract Assistant. SCF Governing Board. negotiations. • Begin Negotiations with • Negotiations- Terms - Ratify contract by all SCF on transition plan. and Conditions: Cost parties. • Develop specifications sharing, contracts, fire for fire equipment and marshal services. Purchase capital trucks. assets. - Order equipment. • Pre -annexation Develop policies and agreement. Negotiate transition with SCF. procedures. • Amendments to plan: • Hire and train new Governance personnel. Boundaries • Transition plan. • Public referendum. Timeline: 18-24 months Timeline: 24-36 months Timeline: 36 Months Packet Pg. 152 8.4 City Council Agenda Item Meeting Date: 05/28/2024 Resolution for Pursuing Annexation into Regional Fire Authority Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History In 2010, the City of Edmonds contracted fire and emergency medical services (EMS) with Snohomish Fire District 1. This contract was revised in 2017. In 2017, Snohomish Fire District 1 and City of Lynnwood formed a new Regional Fire Authority (RFA); South Snohomish County Regional Fire Authority. September 2023, Council passed Resolution 1531, requesting information about annexation into the South Snohomish County Regional Fire Authority. November 2023, Council contracted the services of Fitch and Associates to study the feasibility of fire and emergency service alternatives. December 19, 2023, South County Fire notified the City of Edmonds of its intention to terminate the interlocal agreement for fire and emergency medical services as of December 31, 2025. April 16, 2024 - Fitch and Associates presented to Council, Comparison of Fire and EMS Services Options in Edmonds WA. April 24, 2024 - Fitch and Associates submitted their final report, City of Edmonds Emergency Services Analysis. (attached) May 7, 2024 - Public Hearing on options for City of Edmonds Fire/EMS Services. May 14, 2024 - Discussed at the PSPHSP committee meeting (draft minutes pending council approval on this meeting's consent agenda, video is available on the city website). The PSPHSP committee members made the recommendation that joining the Regional Fire Authority by annexation was the preferred alternative for future fire and emergency medical services . Recommendation Approve the resolution expressing the intent to purse the benefits of receiving fire and emergency medical services from the South Snohomish County Regional Fire Authority via annexation. Narrative Packet Pg. 153 8.4 If the Council identifies the preferred alternative for future Fire/EMS services to be provided through annexation with the RFA, a resolution expressing this intent is required to be filed with the governing board of South County Fire in accordance with RCS 52.26.300 (2). The attached resolution has been reviewed by Chief Eastman of South County Fire, and has been determined to satisfy the documentation requirements of the RFA. Attachments: MAY 2024 RFA Annexation Resolution Packet Pg. 154 8.4.a RESOLUTION NO. XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON EXPRESSING THE INTENT TO PURSUE THE BENEFITS OF RECEIVING FIRE AND EMERGENCY MEDICAL SERVICES FROM THE SOUTH SNOHOMISH COUNTY REGIONAL FIRE AUTHORITY VIA ANNEXATION WHEREAS, the City of Edmonds ("the City") and the South Snohomish County Fire & Rescue Regional Authority ("SCF") share a contiguous border along the City's Eastern boundary; and WHEREAS, the City is a fire protection jurisdiction as defined in RCW 52.26.020(3); and WHEREAS, RCW 52.26 authorizes two or more fire protection jurisdictions to participate in a regional fire services authority commonly known as a regional fire authority or "RFA' ; and WHEREAS, the City and SCF are interested in pursuing the potential operational efficiencies and cost savings over other available service providers, as a result of annexing into SCF; and WHEREAS, both the City and SCF believe that the public health and safety of the citizens they serve will benefit from annexation into SCF; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, THAT: Section 1. Pursuant to RCW 52.26.300(2), the City requests annexation into the South Snohomish County Regional Fire, subject to the provisions of RCW 52.26.300(3) and voter approval. Section 2. The City Clerk is instructed to file this Resolution with the Governing Board of SCF in accordance with RCW 52.26.300(2). Resolved this day of 2024. APPROVED: MIKE ROSEN, MAYOR Packet Pg. 155 8.4.a ATTEST/AUTHENTICATED: SCOTT PASSEY, CITY CLERK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Packet Pg. 156