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2024-07-23 Council Packet1 2. of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 J U LY 23, 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. PRESENTATIONS S. 6 7 1. Mayor's Finance Update (10 min) 2. Work Plan of the Edmonds Downtown Alliance (35 min) 3. Highway 99 Office Information Brief (20 min) 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 1. Claim for Damages for filing (0 min) Edmonds City Council Agenda July 23, 2024 Page 1 2. Written Public Comments (0 min) 3. June 2024 Quarterly Financial Report (0 min) 4. Financial Policies (0 min) 5. Outside Boards and Committee Reports (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Special Meeting Minutes July 2, 2024 2. Approval of Council Special Meeting Minutes July 9, 2024 3. Approval of Council Meeting Minutes July 9, 2024 4. Approval of claim checks and wire payments. 5. Mathay Ballinger Park Improvements Construction Contract Approval 6. Car Show & Oktoberfest Event Agreements 7. Opioid Participation Form 8. Settlement Agreement with New Cingular Wireless PCS, LLC. 9. Legal Assessment Committee Proposed Interview Questions 10. Approval of Haul Route Agreement for Meadowdale Beach Park Estuary Restoration Project 11. Approval of Professional Services Agreement for the Edmonds Marsh Estuary Planning Study 12. Ordinance Amending Authorized Employee Positions 13. Reorg of Admin Services - Finance Director JD 14. Resolution to authorize Mayor to approve shared leave beyond personnel policies 15. Council Rules of Procedure Sections 4 & 5 Consent Agenda and Council Meetings 16. Surplus equipment 17. New Job Description for Permitting Program Manager 9. COUNCIL BUSINESS 1. 2024 July Budget Amendment Ordinance (30 min) 2. Presentation of Main St Overlay Project Scope of Work (25 min) 3. Ordinance Amending ECC 5.05 to Ban the Deliberate Breeding and Sale of Companion Animals (40 min) 10. COUNCIL COMMENTS 11. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda July 23, 2024 Page 2 4.1 City Council Agenda Item Meeting Date: 07/23/2024 Mayor's Finance Update Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History On July 2, 2024 the council voted to have a Mayor Update as an ongoing item all regular meeting agendas. This was in response to a recommendation from the Mayor's Blue Ribbon Panel. Staff Recommendation No action, informational Narrative The Mayor, or another member of the administration, will answer questions about City finances that have been requested by council in advance and will also share actions related to the fiscal emergency that have transpired since the last update. When there is nothing new to report, this agenda item will be the opportunity to share that there is nothing new to report. Packet Pg. 3 4.2 City Council Agenda Item Meeting Date: 07/23/2024 Work Plan of the Edmonds Downtown Alliance Staff Lead: City Council Department: Community Services Preparer: Todd Tatum Background/History The Edmonds Downtown Business Improvement District was established by Ordinance 3909 in January 2013. No specific termination date was given in the code. On March 26, 2024, City Council passed Resolution 1543, requesting the Edmonds Downtown Alliance (Ed!) provide an outline of their work plan by July 2024, including a process for determining the procedural steps and their intended method for obtaining ratification of the plan of the membership of the BID. It further stated that City Council intends to take action on Ed!'s reestablishment plan not later than summer of 2025. Recommendation This is an information brief only. No action is required. Narrative This presentation will meet the requests of City Council by providing an outline of the requested work plan. This presentation will also help to ground us in the background, history, establishment, and purposes of Business Improvement Areas/Districts. Attachments: Edmonds-BIA-Council Presentation-20240723 Packet Pg. 4 Downtown Edmonds City Council Briefing: BID Best Practices & BID Review & Up July 23, 2024 4.2.a c 0 E w m 4- 0 c ca a L 0 i Packet Pg. 5 4.2.a Economic Fundamentals m-ctrin oucr_rirr_c Kph: dff T Sustained Marketing & Promotions Strong ■ Leadership & Consistent Management 4 Design & Development Principles Ift N C O E W d O CL 0 oh uncommo. �� Packet Pg. 6 4.2.a A11DTI1 - - iLM• _ L uncommo. BPacket P9 . 7 i 4.2.a • Improvement Districts have many names... BID/BIA/El D/ESD/PI D/EED • Funding mechanism for local placemaking • Enacted by City Council • Managed in the neighborhood • Assessment on properties and/or businesses • Assessment based on local preference (square footage, value, sales, etc.) • Uses are local preferences, often: • Cleaning • Safety • Marketing & promotions • Business development • Professional Management 11i11TL:J11[_ 23rd & East Union Business Improvement Area BUSINESS IMPROVEMENT AREA CONCEPT The property and business owners at 23" & E. Union - M have worked together to improve the neighborhood r• on an informal basis for many years. We all know liiiii♦�i� that sidewalk cleaning, garbage pick-up, and graf- fiti removal are persistent needs. We also know that .. our properties and businesses benefit from working e a & 1 z together on special events, holiday lighting, and other j activities. We think the most effective way to continue these efforts in a consistent and equitable manner is lr paelnea=aa,y to form a Business Improvement Area (BIA). How will the Who will pay the assessm ent be BIA assessment? BIAS are special assessment districts that are es- calculated? The BIA assessment tablished to maintain and enhance neighborhood wiu be pale by au business districts. BIAS are a self-help mechanism The proposed z3m a oommermalty zoned through which property owners choose to assess E. union Busness Im- progenies between themselves to fund cleanliness, safety, and other pro- pmvamentnre.IBIAt z0th A --and 25th grams designed t0 benefit the properties they serve. is will be Avenue and between b...dson each prop- There are seven BIAS currently operating in Seattle. E. Spring Street and E. .nys royal appraised Bake Street, wept for These are authorized by the city council through value and lot square single family homes, RCW Chapter 35.87A, but each is conceived and foot.ge, .—ndag to duplexes, and thplenes. managed by those who pay the fees. An important King County records. we are currently con- As proposed, the top feature of BIAS is that everyone pays their fair share. sidermg an assessment p.yara win moluda: The planned expenses for the proposed BIA include: of $0.0690Isq plus $0szzv$tuar, fool ,o0o of • Cleaning, Litter & Graffiti Removal $30,000 wsll sessed value. This nieen _ make the district- •HolidayLighting 5,000 wine assessmentamat • Events 5,000 half on value and half • Management & Overhead 10.000 on lot ai— $50,000 i uncommo-;� I I — Packet Pg. 8 Motivations for Creating a BID MAI 6 7A PEW --1 0 OL, Sea" Association Diet 4.2.a 2revemenr o i uncommo. a B Packet Pg. 10 4.2.a Brprr_ usseciatir • Created: 1995 (Renewed 2020) • Budget: $883,400 • Assessment: $485,870 • Activities: • Professional Management • Downtown Flower Program • Cleaning & Maintenance W d t 0 zstt,st O- Y 0 Everett Ave California Hewitt Ave Wall C Paafic Ave gee �g11, gleefsi�°�q� q�e 6O�agLeakpyg4N e r uncommo. Packet Pg. 11 4.2.a a.II 111111■►-I =r: I a a [ _ • Created:1987 • Budget: $ 1,289,009 • Assessment: $570,000 • Activities: • Professional Management • Marketing & Events • Business Support • Repairs & Maintenance • Clean & Safe • Pa rki ng f _11:A tore A .� - — We e -_ ZoreC IChiginYlj - lore C 12011 Addlion i 2orr. C 13rMmr Bmindon' Seattle BIA Map rs only and is oot mtesded to modify onythnrg hi the kyidutior uncommo. B Packet Pg. 12 fn C O E W d t O CL Y 0 Columbia City BIA P c. ®r- 40, COLUABIA, Cl' 4 1 lk OLUMBIn gf, 4.2.a 'YLIV�rreia:9FI • Created: 2015, renewed 2020 • Budget: $2.3M • Assessment: $1.8M • Activities: • Professional Management • Cleaning Services • Safety Ambassadors • Homeless Outreach • Marketing & Events • Public Realm & Planning • Research & Reports In ❑ North Cleaninc 2 daYsper.w ❑ SouthC a 11 days Pc 1- UDBIA eounda U District Neigl rIq •TAP •CDS N ' C O E W d t 0 CL 0 uncommo. _ =B 4.2.a :fl I FTTi■:I I! • Created: 2016, Renewed & Expanded: 2023 • Budget: $1,165,000 (Up from $500,000) • Assessment: $990,000 • Activities: • Community Engagement • Urban Design & Transportation • Economic Development • Policy & Advocacy • Marketing • Professional Management • Cleaning Services I CURLY FRIES I &CORN DOGS CURLY FRIES &CORN DOGS GICY n, . ► -A4�1- 1 N C O E W d t O c a Y 0 i L uncommo. _ =B - 4.2.a :faAm: In Signs & banners Market Hanging Flowers Park Activation Opportunities & Management Street Sweeping I Outreach C O E W d t • • • • • O C CL 1 L O i M N Connectivity o Festivals Real Estate Planters & Storefronts Pressure Washing Care Centers Pedestrian Safei Development Street Furniture Improvements Development Loans Litter & Graffiti Mental Health Parking Farmers Markets — Small Business Landscaping Green Spaces Removal Services Improvements Grants Advertising Data & Research Seasonal Decor Streetscapes Ambassadors Skill Development Non -motorized Campaigns initiatives Business Directory Affordability Public Art Emergency Lighting Workforce Encourage Publi Preparedness Development Transit Packet Pg. 16 4.2.a 3est Practices: FC • Involve the major payers early • Authentic community engagement • Extensive ratepayer vetting • Make modifications where necessary to accommodate unique needs • Tie assessments to benefits • Multi -family residential properties and services are often key • Realistic & strategic boundaries • One-on-one outreach 4.2.a :JIL`UIll IEJI]dIIV, II[$ • Organizational Assessment & Development • Core group • Service area & goals • Work plan & budget • Assessment mechanism • Building support • City check -ins • Community members & mayor ratepayers • Messages • One-on-one contacts • General meetings • Draft ordinance • Gather ratepayer support • Formal City Council process 0 E W 4- 0 CL 0 W uncommo_ _ B - . .- 4.2.a 1 LA A I /A• • Key stakeholder engagement • Review, update, vet, and refine: • Services • Boundary • Assessment • Budget • Organization structure �: • Ratepayer marketing, & outreach • Council Process • Resolution of intention to establish • Public hearing process • Ordinance to establish c 0 E w m 0 CL 0 Ad uncommo_a I I — Packet Pg. 19 0 4.2.a Assessment qQ* S W O� 1�i7 IJ 0 T ©� Outreach, Situational Assessment, & Priorities Uwe Plannin Mr Option Vetting BIA Options: • Services • Boundary • Assessment • Budget • Organization structure City Process — —I Outreach, Vetting, & Petitions (w- Draft Proposal Co A sh uncommo. 0 E M w m t 0 _ CL Y L 0 Packet Pg. 20 4.2.a I&= Assessment Outreach, Situational Assessment, & Priorities r BIA Options: Uwe Plannin Mr Option Vetting • Services • Boundary • Assessment • Budget • Organization structure City Process •Q• — — —I 12.8 — Outreach, Vetting, & Petitions (W Draft Proposal Co 0 E M w m t 0 _ CL Y L 0 sh uncommo.a Packet Pg. 21 4.3 City Council Agenda Item Meeting Date: 07/23/2024 Highway 99 Office Information Brief Staff Lead: Todd Tatum Department: Community Services Preparer: Todd Tatum Background/History In December of 2021, former Mayor Mike Nelson signed a lease for what would become the Neighborhood City Hall Office in the Aurora Marketplace along Highway 99. The lease, which runs for 36 months from the commencement date, gave the city space in the Highway 99 corridor to house staff, such as a police community liaison, front desk staff, police officers on an as -needed basis, and to perform some functions of the court which benefit from the proximity to transit and population. Over the course of the last several years, the space has gone through several iterations of configuration and has been the topic of much internal discussion with respect to the functions, layout, and future of the office. Staff Recommendation This is an information brief only. No action is requested. Narrative Council has not received a brief on the space since its establishment. This brief is intended to inform members of council on the history of the space, its financing, current staffing and programming, and provide a picture of its day-to-day operations. Attachments: Neighborhood City Call info brief Packet Pg. 22 4.3.a Neighborhood City Hall Info Brief 07/23/24 Todd Tatum, Director Community/Culture/Economic Development 0 Packet Pg. 23 4.3.a Background December of 2021 Took possession of property on January term started 90 days after Lease term is 36 months with option to extend Packet Pg. 24 4.3.a NCH Financials - 2024 Budget* $ Change % Change $ Change % Change 2022 2023 2023 2024 24-23 24-23 24-23 24-23 Description Actual Budget Estimate Budget Estimate Estimate Budget Budget Salaries 18,798 38,537 38,537 45,689 7,152 19% 7,152 19% Benefits 3,542 7,298 7,298 31,570 24,272 333% 24,272 333% Minor Equipment 11,057 17,000 17,000 12,000 (5,000) -29% (5,000) -29% Professional Services 3,284 13,000 13,000 10,500 (2,500) -19% (2,500) -19% Rental/Lease 9,616 54,703 54,703 54,703 - 0% - 0% Communications - 5,000 5,000 5,000 - 0% - 0% Repair& Maintenance 13,322 85,000 85,000 5,000 (80,000) -94% (80,000) -94% Miscellaneous 2,568 10,143 10,143 7,643 (2,500) -25% (2,500) -25% Lease Payments 32,584 - - - N/A N/A N/A N/A Equipment 324,413 N/A N/A N/A N/A 419,184 230,681 230,681 *Does not include custodial services which come 2x/week (58,576) -25% (58,576) -25% �OF EDy� G� N Packet Pg. 25 4.3.a Activities • DSHS Mobile Unit • WorkSource • Phone clinics • 211 tabling • Human Services and Social Worker meetings with individuals • Community Health Plan of Washinton • Community Court • DVM RT classes • 140 unique walk-ins over the first six months of 2024 Packet Pg. 26 4.3.a Physical Space Over Time Ir a •L m 0 E L 0 4- C d :.i O M w 3 v �L C00001 NousE� c � c.i ci O 0 r L 0 z EDM rn z Op G� c? v N t (i yr Q Packet Pg. 27 4.3.a Physical Space Over Time -L x Packet Pg. 28 4.3.a Physical Space Over Time :z 4 x Packet Pg. 29 4.3.a Leadership and Organizational Structure Community Services established the office Discussion in 2022 and 2023 on where to ultimately house it organizationally 2024/2025 need to make decisions on lease renewal Packet Pg. 30 4.3.a Packet Pg. 31 7.1 City Council Agenda Item Meeting Date: 07/23/2024 Claim for Damages for filing Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of Claims for Damages for filing. Narrative The Estate of Charles E. Ellis 214th PI SW ($589.67) Attachments: Claim for Damages - Chaler Ellis - for council Packet Pg. 32 19RUEC 7.1.a CITY OF EDMONDS JUL 10 2024 CLAIM FOR DAMAGES FORM EDMONDS CHY Date Claim Form Received by City Please take note that 6'hA'y-Li) C Lam+ 5 who currently resides at mailing address W-L0411LX home phone # work phone # and who resided at -- •- at the time of the occurrence and whose date of birth is • , , • •- is claiming damages against C��W►aYIG��) dv i t U in the sum of $ 58q• to arising out of the following circumstances listed below. w m DATE OF OCCURRENCE: ;-C) l�i�l Cvirj ZG�Z`f TIME: �' 196' oo LOCATION OF OCCURRENCE: 0.1 2-1 `I TH 197 5'z'a �"J'yn 612dj , `16 D L DESCRIPTION: 0 E 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. ca ,�1 f� h' UCa'ue'� iu tu'Ln JASiLU A- /10{ 11191JL ci ki,:J &&4 ci /41z,4.-i 1A:d.9 41 & 2,08 A✓5- (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. ✓ [ (L U d lL kJA, 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto: _ Yes t/ No * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Driver License # (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: Form Revised 04/09/2021 Page 1 of Packet Pg. 33 7.1.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad [item on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signature of Claimant eigg-nature of Representative Date and place (residential address, city and county) atdand place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: Form Revised 04/09/2021 City Clerk's Office City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Page 2 of 2 Packet Pg. 34 7.2 City Council Agenda Item Meeting Date: 07/23/2024 Written Public Comments Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History N/A Staff Recommendation Acknowledge receipt of written public comments. Narrative Public comments submitted to the web form for public comments <https://www.edmondswa.gov/publiccomment> between July 2, 2024 and July 16, 2024. Attachments: Public Comment July 23, 2024 Packet Pg. 35 7.2.a Edmonds City Council Public Comments —July 23, 2024 Online Form 2024-07-10 02:53 PM(MST) was submitted by Guest on 7/10/2024 5:53:25 PM (GMT- 07:00) US/Arizona Name Value FirstName Gary LastName Raymond Email CityOfResidence Edmonds AgendaTopic Electric bicycles / scooters in City Parks Comments We walk our dogs almost nightly at the beautiful Civic Field across from the police station, usually around 9pm. Same as last year, as soon as the weather gets nice, there is one particularjuvenile male who uses the walking path as a race track his electric bike. Being electric, the bike is extremely quiet, no headlight, small red tail light. He typically rides, conservatively, 20mph past walkers and other dog walkers. Last summer, I called 911 on this same lad, a couple of nice officers walked over from the precinct; I flagged them down and identified myself as the complainant. They spoke to the boy, who parked it for that night. I spoke to the officers again, asking them what the laws are about motorized vehicles in city parks; they politely told me "it's sort of a gray area". One time we spoke to the offending juvenile (briefly), who stated very confidently "it doesn't have a motor". Apparently there are those who believe that if it's not a gas powered engine, anything goes. We encountered the same juvenile last night, he apparently remembered us from Last summer and went out of his way to zoom by us. I yelled at him to slow down to which he yelled something back and sped off. As we were leaving the park, he drove by us IN THE STREET and waved. It's just a bigjoke to this poor little rich kid. I'm sorry to be venting such a long story, but if there is not some kind of action taken to prohibit ALL MOTORIZED VEHICLES in the park, someone will get hurt. I only hope it doesn't take someone getting hurt for action to be taken. Respectfully Gary & Carla Raymond 40 year Edmonds residents Packet Pg. 36 7.3 City Council Agenda Item Meeting Date: 07/23/2024 June 2024 Quarterly Financial Report Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation Receive for Filing Narrative June 2024 Quarterly Financial Report Attachments: Complete June 2024 Quarterly Financial Report Packet Pg. 37 I 7.3.a I O-V U~ CITY OF EDMONDS QUARTERLY BUDGETARY FINANCIAL REPORT JUNE 2024 Packet Pg. 38 1 I 7.3.a I MONTHLY HIGHLIGHTS GENERAL FUND HIGHLIGHTS • Real Personal/Property Tax and EMS Levy is up $307,008 from this point last year. Despite this current good news, our forecast for property tax will likely finish under budget by $(130,000). • Sales tax is up $142,686 from this point last year, and is right on target for the cumulative budget forecast. Our forecast indicates this revenue source to be close to or slightly under budget. • Utility taxes are categorized under "Other Taxes" in the chart below, exhibit divergent trends, with some surpassing the cumulative budget while others lag behind. Notably, gas tax from Puget Sound Energy is down by $(113,486) falling short of their perspective cumulative budget. • Development services revenues overall are up a total of $365,621 from this point last year. The increase is notably due to the city receiving permit revenue for development of the Edmonds Green Apartments. • Interest charged to the General Fund for negative cash balance in 2024 equals $33,452 to date. • There is a noticeable uptick in salaries and benefits for May. This increase is attributed to retroactive payments and salary adjustments resulting from a new collective bargaining agreement for the same bargaining unit. General Fund Tax Revenue (2024 YTD) 14,000, 000 12,000,000 10,000,000 8,000,000 X 6,000,000 a 4,000,000 — 2,000,000 ■ Sales Tax Property Tax EMS Tax Other Taxes Actual 5,681, 383 6,101,108 2,333,156 4,453,487 0 Budget 12,300,000 11,327,000 4,578,000 9,229,949 STREET FUND HIGHLIGHTS • Interest charged to the Street Fund for negative cash balance in 2024 equals $11,390 to date. REET FUND HIGHLIGHTS • REET revenues are 21.97% or $279,503 higher than last year. Projections indicate REET revenues are on track to meet the budget target of $3.0 million. CAPITAL FUND 332 HIGHLIGHTS • The negative fund balance in Fund 332 — Capital Construction is a result of the Mee property purchase and the timing of grant receipt. A reimbursement of $951,938 was submitted in early July. ty 0 a 0 c ii a� ca 3 a v N O N C 3 1 Packet Pg. 39 7.3.a City of Edmonds All Funds Financial Summary As of June 30, 2024 Beginning Fund Revenues / Expenditures / Revenues less Ending Fund Fund Balance Sources Uses Expenditures Balance Cash Balance Governmental 001 General Fund 2,492,460 26, 247,157 24, 961,180 1,285,977 3,778,438 698,883 009 LEOFF Medical Insurance Reserve 139,774 125,000 181,864 (56,864) 82,910 91,889 012 Contingency Reserve 2,228,672 - - - 2,228,672 2,228,672 014 Historic Sub -Fund 8,944 - 4,385 (4,385) 4,559 4,559 016 Building Maintenance 3,756,168 56,830 660,037 (603,207) 3,152,961 3,207,032 017 Marsh Restoration 853,595 300 - 300 853,895 853,895 C 018 Homeless Response 200,000 - - 200,000 200,000 C 019 Opioid Response 74,119 311,851 311,851 385,970 385,970 W Total General Funds 9,753,732 26,741,138 25,807,466 933,672 10,687,404 7,670,900 20 Special Revenue Funds v 104 Drug Enforcement 40,843 1,537 - 1,537 42,380 41,855 c 111 Street 4,701 1,219,194 1,280,754 (61,560) (56,859) (179,998) L, 112 Street Construction 2,734,808 2,274,889 2,009,878 265,011 2,999,820 1,984,621 117 Municipal Arts 657,265 38,871 9,723 29,148 686,413 677,928 R 120 Hotel / Motel 151,247 56,507 46,719 9,788 161,035 143,171 121 Employee Parking 83,814 14,601 - 14,601 98,415 97,338 d CY 122 Youth Scholarship 17,868 670 225 445 18,313 18,083 N 0 123 Tourism Promotion 138,157 22,232 10,081 12,151 150,308 143,341 N 125 REET 2 1,992,459 857,769 393,373 464,396 2,456,854 2,480,571 3 126 REET 1 3,957,800 930,517 374,824 555,694 4,513,493 4,460,433 v 127 Gifts Catalog 3,140,448 288,143 210,984 77,159 3,217,607 3,177,031 -t 130 Cemetery Maintenance 196,245 86,793 119,318 (32,525) 163,720 161,048 Q 137 Cemetery Trust 1,212,121 54,436 73,000 (18,564) 1,193,557 1,177,976 138 Sister City 18,681 3,124 2,120 1,004 19,685 19,441 140 Business Improvement 37,682 50,513 33,067 17,446 55,129 55,129 = 141 Affordable Housing 309,127 19,441 - 19,441 328,567 320,171 = 142 Edmonds Rescue 36,932 5,759,818 5,757,318 2,500 39,432 1,145,780 jL 143 Tree Fund 222,354 41,476 200,269 (158,793) 63,561 60,382 >+ Capital Projects 139,615 73,698 703,942 (630,244) (490,629) (501,074) Debt Service - 35,551 35,201 350 350 - 3 Enterprise Funds CY 411 Combined Utility Operation - 74,830 - 74,830 74,830 129,641 N 421 Water UtiIity 9,601,886 5,572,402 3,877,215 1,695,187 11,297,073 11,365,793 N 422 Storm Water Utility 6,983,494 3,799,818 2,358,506 1,441,312 8,424,805 7,960,210 c 423 Sewer/ Wastewater Treatment Plar 14,903,525 9,500,543 7,495,911 2,004,633 16,908,158 17,415,391 424 Bond Reserve Fund 843,961 571,376 556,892 14,484 858,445 858,445 N Internal Service Funds 511 Equipment Rental 5,298,245 1,464,424 1,304,321 160,103 5,458,347 5,338,801 IZ E 512 Technology Rental 421,587 1,089,402 935,972 153,431 575,017 581,028 C tU All Funds 62,898,595 60,643,714 53,597,077 7,046,637 69,945,232 66,803,435 E s t� r Q 2 Packet Pg. 40 I 7.3.a I GENERAL FUND SUMMARY City of Edmonds, WA Monthly Revenue Summary -General Fund 2024 General Fund Cumulative Monthly Budget Forecast Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 2,698,070 $ 2,698,070 $ 2,532,339 $ 2,532,339 -6.14% February 5,386,652 2,688,582 3,801,618 6,333,957 17.59% March 8,194,953 2,808,300 4,006,316 10,340,274 26.18% April 12,809,847 4,614,894 8,886,692 19,226,965 50.10% May 21,776,323 8,966,476 3,958,085 23,185,051 6.47% June 24,453,075 2,676,752 3,062,106 26,247,157 7.34% July 27,423,536 2,970,461 August 30,755,807 3,332,272 September 33,530,489 2,774,682 October 39,070,656 5,540,167 November 47,885,067 8,814,411 December 51,056,792 3,171,725 City of Edmonds, WA Monthly Expenditure Summary -General Fund 2024 General Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 4,809,938 $ 4,809,938 $ 4,652,570 $ 4,652,570 -3.27% February 8,929,454 4,119,516 3,706,872 8,359,442 -6.38% March 12,949,647 4,020,193 3,718,847 12,078,289 -6.73% April 16,605,531 3,655,883 3,782,082 15,860,371 -4.49% May 20,680,817 4,075,286 4,319,151 20,179,522 -2.42% June 25,263,927 4,583,110 4,781,657 24,961,180 -1.20% July 29,265,836 4,001,909 August 33,410,940 4,145,104 September 37,568,223 4,157,283 October 41,684,206 4,115,983 November 46,834,850 5,150,644 December 51,892,793 5,057,943 *The monthly budget forecast columns are based on a five-year average. 3 Packet Pg. 41 MAJOR GENERAL FUND REVENUE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Revenue Summary -Real Personal/Property Tax 2024 Real Personal/Property Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 28,172 $ 28,172 $ 15,003 $ 15,003 -46.75% February 156,833 128,661 265,415 280,418 78.80% March 877,571 720,738 546,457 826,875 -5.78% April 5,200,702 4,323,131 4,451,219 5,278,095 1.49% May 6,113,323 912,621 769,305 6,047,399 -1.08% June 6,167,757 54,434 53,708 6,101,108 -1.08% July 6,192,819 25,062 August 6,247,276 54,457 September 6,423,953 176,676 October 10,550,884 4,126,931 November 11,287,789 736,905 December 11,327,000 39,211 Sales and Use Tax Real Personal/Property Tax 12,000,000 11,000,000 10,000,000 Or 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Revenue Summary -Sales Tax 2024 Cumulative Monthly Budget Forecast Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 956,967 $ 956,967 $ 975,066 $ 975,066 1.89% February 2,084,047 1,127,080 1,059,532 2,034,598 -2.37% March 2,987,849 903,802 870,730 2,905,328 -2.76% April 3,814,928 827,079 870,807 3,776,135 -1.02% May 4,821,039 1,006,111 983,892 4,760,027 -1.27% June 5,796,759 975,721 921,356 5,681,383 -1.99% July 6,836,449 1,039,690 August 7,953,072 1,116,623 September 8,995,564 1,042,491 October 10,116,626 1,121,062 November 11,238,239 1,121,613 December 12,300,000 1,061,761 *The monthly budget forecast columns are based on a five-year average. 4 Packet Pg. 42 MAJOR GENERAL FUND REVENUE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Revenue Summary -Water Utility Tax 2024 Water Utility Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 90,844 $ 90,844 $ 92,691 92,691 2.03% February 154,355 63,511 62,177 154,868 0.33% March 244,152 89,797 90,963 245,831 0.69% April 304,356 60,204 62,146 307,977 1.19% May 393,634 89,278 90,718 398,695 1.29% June 463,947 70,313 69,703 468,398 0.96% July 573,149 109,202 August 666,476 93,327 September 791,033 124,557 October 881,630 90,597 November 983,292 101,662 December 1,047,289 63,997 Water Utility Tax 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year -Budget Prior Year City of Edmonds, WA Monthly Revenue Summary -Sewer Utility Tax 2024 Sewer Utility Tax Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 101,297 $ 101,297 $ 101,472 $ 101,472 0.17% February 185,730 84,433 84,516 185,988 0.14% March 286,530 100,799 101,250 287,238 0.25% April 371,027 84,497 85,581 372,818 0.48% May 472,427 101,400 101,036 473,855 0.30% June 557,139 84,712 86,104 559,959 0.51% July 659,773 102,634 August 744,838 85,065 September 850,226 105,388 October 936,127 85,902 November 1,039,506 103,379 December 1,123,814 84,308 Sewer Utility Tax 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 5 Packet Pg. 43 I 7.3.a I MAJOR GENERAL FUND REVENUE SUMMARY City of Edmonds, WA Monthly Revenue Summary -General Fund Charges forServices 2024 General Fund - Charges for Services Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 402,596 $ 402,596 $ 297,980 $ 297,980 -25.99% February 931,328 528,732 702,035 1,000,015 7.38% March 1,317,506 386,178 1,404,775 2,404,790 82.53% April 2,112,130 794,625 573,921 2,978,711 41.03% May 3,082,898 970,768 477,751 3,456,462 12.12% June 3,676,991 594,093 929,543 4,386,004 19.28% July 4,250,819 573,828 August 5,299,286 1,048,468 September 5,958,021 658,735 October 6,576,651 618,629 November 7,241,120 664,469 December 8,120,826 879,706 *The monthly budget forecast columns are based on a five-year average. 6 Packet Pg. 44 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 7.3.a I CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY Title CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPARTMENTAL ■ZQato) =1gl:Ir/lei 9M SATELLITE OFFICE COMMUNITY SERVICES✓ECONOMIC DEV. PLANNING& DEVELOPMENT HUMAN SERVICES PROGRAM PARKS& RECREATION PUBLIC WORKS FACILITIES MAINTENANCE 2024 Adopted 6/30/2023 6/30/2024 Amount Budget Expenditures Expenditures Remaining %Spent $ 479,286 $ 208,152 $ 257,859 $ 221,427 54% 490,875 195,229 209,545 281,330 43% 1,222,438 455,291 619,724 602,714 51% 1,811,176 726,808 850,190 960,986 47% 2,825,453 1,327,293 1,470,906 1,354,547 52% 1,161,780 427,830 507,955 653,825 44% 6,857,495 9,392,113 2,965,970 3,891,525 43% 17,478,540 6,661,514 8,741,807 8,736,733 50% 172,105 56,650 73,371 98,734 43% 1,162,045 599,614 526,436 635,609 45% 4,251,605 1,934,311 1,894,266 2,357,339 45% 320,940 124,450 129,416 191,524 40% 6,520,597 2,623,359 2,880,951 3,639,646 44% 4,500,279 1,968,992 2,065,138 2,435,141 46% 2,638,179 2,002,414 1,767,646 870,533 67% $ 51,892,793 $ 28,704,022 $ 24,961,180 $ 26,931,613 48% F O is c �o C 1L % L is M CY 14 N O N d C 7 Packet Pg. 45 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Summary -City Council 2024 City Council Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 34,240 $ 34,240 $ February 71,153 36,913 March 112,189 41,036 April 150,403 38,214 May 193,081 42,678 June 234,428 41,347 July 275,019 40,591 August 316,493 41,474 September 357,868 41,375 October 394,551 36,684 November 435,285 40,734 December 479,286 44,001 40,574 $ 40,574 18.50% 54,006 94,579 32.92% 35,007 129,587 15.51 % 35,974 165,561 10.08% 57,697 223,258 15.63% 34,601 257,859 9.99% City of Edmonds, WA Monthly Expenditure Summary -Office of Mayor 2024 Office of Mayor Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 40,561 $ 40,561 $ February 82,159 41,598 March 124,596 42,436 April 165,441 40,846 May 205,791 40,350 June 245,843 40,052 July 287,251 41,408 August 327,468 40,217 September 367,326 39,858 October 406,988 39,662 November 449,726 42,738 December 490,875 41,149 33,901 $ 33,901-16.42% 35,511 69,412-15.52% 36,798 106,210-14.76% 36,154 142,364-13.95% 34,804 177,167-13.91% 32,377 209,545-14.76% Office of Mayor 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 lOQ,000 50,01 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -Prior Year *The monthly budget forecast columns are based on a five-year average. N Packet Pg. 46 1 I 7.3.a I GENERAL FUND DEPARTMENT EXPENSE SUMMARY City of Edmonds, WA Monthly Expenditure Summary -Human Resources 2024 Human Resources Cumulative Budget Forecast Monthly Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 110,919 $ 110,919 $ 129,960 $ 129,960 17.17% February 206,083 95,165 103,533 233,493 13.30% March 293,020 86,937 100,807 334,300 14.09% April 385,026 92,006 98,181 432,481 12.33% May 477,507 92,481 94,231 526,711 10.30% June 609,764 132,257 93,012 619,724 1.63% July 691,435 81,671 August 781,445 90,009 September 882,461 101,016 October 976,331 93,870 November 1,084,356 108,025 December 1,222,438 138,082 City of Edmonds, WA Monthly Expenditure Summary -Municipal Court 2024 Municipal Court Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 133,120 $ 133,120 $ 136,698 $ 136,698 2.69% February 268,761 135,641 143,646 280,344 4.31% March 408,462 139,701 138,149 418,493 2.46% April 549,323 140,861 140,705 559,198 1.80% May 702,755 153,432 144,216 703,414 0.09% June 841,629 138,874 146,775 850,190 1.02% July 987,720 146,091 August 1,144,145 156,425 September 1,291,990 147,845 October 1,441,979 149,989 November 1,629,476 187,497 December 1,811,176 181,700 *The monthly budget forecast columns are based on a five-year average. 9 Packet Pg. 47 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Summary -Community Services/Economic Development 2024 Community Services/Economic Development Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 70,938 $ 70,938 $ 84,711 $ 84,711 19.42% February 150,629 79,691 85,764 170,475 13.18% March 228,686 78,058 85,735 256,210 12.04% April 308,932 80,246 91,280 347,490 12.48% May 391,061 82,128 83,820 431,310 10.29% June 480,392 89,331 95,126 526,436 9.58% July 570,789 90,397 August 679,369 108,580 September 777,142 97,773 October 877,976 100,834 November 1,007,121 129,145 December 1,162,045 154,924 Community Services/Economic Development 1,400,000 1,300,000 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _ Current Year -Budget - Prior Year City of Edmonds, WA Monthly Expenditure Summary -Administrative Services 2024 Administrative Services Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 288,918 $ 288,918 $ 274,596 $ 274,596 -4.96% February 523,687 234,769 208,739 483,335 -7.71% March 733,695 210,008 217,967 701,302 -4.42% April 944,992 211,297 212,849 914,151 -3.26% May 1,157,177 212,186 372,263 1,286,415 11.17% June 1,442,022 284,845 184,491 1,470,906 2.00% July 1,684,828 242,805 August 1,896,259 211,431 September 2,116,379 220,121 October 2,344,386 228,007 November 2,598,917 254,531 December 2,825,453 226,536 Administrative Services !,800,000 1,800,000 1600,000 1:400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 10 Packet Pg. 48 I 7.3.a I GENERAL FUND DEPARTMENT EXPENSE SUMMARY City of Edmonds, WA Monthly Expenditure Summary -City Attorney 2024 City Attorney Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 96,815 $ 96,815 $ February 193,630 96,815 March 290,445 96,815 April 387,260 96,815 May 484,075 96,815 June 580,890 96,815 July 677,705 96,815 August 774,520 96,815 September 871,335 96,815 October 968,150 96,815 November 1,064,965 96,815 December 1,161,780 96,815 Police - $ - 0.00% 127,250 127,250-34.28% 93,007 220,257-24.17% 108,383 328,640-15.14% 98,726 427,366-11.71% 80,589 507,955-12.56% City Attorney 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 AK JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -C=mtYear -Budget Prior Year City of Edmonds, WA Monthly Expenditure Summary -Police 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,325,644 $ 1,325,644 $ 1,320,779 $ 1,320,779 -0.37% February 2,644,333 1,318,689 1,322,826 2,643,606 -0.03% March 4,027,557 1,383,224 1,252,027 3,895,633 -3.28% April 5,378,981 1,351,424 1,459,657 5,355,290 -0.44% May 6,782,808 1,403,826 1,864,000 7,219,290 6.44% June 8,239,937 1,457,130 1,522,517 8,741,807 6.09% July 9,689,531 1,449,593 August 11,039,396 1,349,866 September 12,478,176 1,438,780 October 13,942,747 1,464,571 November 15,677,275 1,734,528 December 17,478,540 1,801,265 Police 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year -Budget -Prior Year *The monthly budget forecast columns are based on a five-year average. 11 Packet Pg. 49 1 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Summary -Planning & Development 2024 Planning & Development Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 328,959 $ 328,959 $ 269,177 $ 269,177 -18.17% February 671,531 342,572 267,692 536,869 -20.05% March 999,838 328,306 393,779 930,649 -6.92% April 1,348,844 349,006 303,822 1,234,470 -8.48% May 1,692,557 343,714 318,775 1,553,246 -8.23% June 2,024,917 332,360 341,020 1,894,266 -6.45% July 2,387,504 362,587 August 2,727,099 339,594 September 3,071,846 344,748 October 3,418,696 346,849 November 3,799,763 381,067 December 4,251,605 451,842 Parks & Recreation Planning & Development 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget Prior Year City of Edmonds, WA Monthly Expenditure Summary -Parks & Recreation 2024 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 498,850 $ 498,850 $ 453,277 $ 453,277 -9.14% February 986,757 487,907 470,870 924,147 -6.35% March 1,483,576 496,818 491,227 1,415,374 -4.60% April 1,955,557 471,981 483,624 1,898,998 -2.89% May 2,461,256 505,698 497,889 2,396,886 -2.62% June 2,984,923 523,667 484,065 2,880,951 -3.48% July 3,580,661 595,738 August 4,186,784 606,123 September 4,840,484 653,700 October 5,394,700 554,215 November 5,962,605 567,905 December 6,520,597 557,992 Parks & Recreation 1,500,000 1 ;oar 1,000,000 500 000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget �Prlor Year *The monthly budget forecast columns are based on a five-year average. 12 Packet Pg. 50 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Summary -Facilities Maintenance 2024 Facilities Maintenance Cumulative Budget Forecast Monthly Budget Forecast Monthly Actuals YTD Actuals Variance % January $ 156,775 $ 156,775 $ 280,811 $ 280,811 79.12% February 389,674 232,899 265,070 545,881 40.09% March 593,572 203,898 223,593 769,473 29.63% April 769,278 175,706 218,971 988,445 28.49% May 948,275 178,997 203,576 1,192,021 25.70% June 1,082,249 133,974 575,626 1,767,646 63.33% July 1,241,211 158,962 August 1,449,110 207,898 September 1,701,700 252,590 October 1,994,272 292,572 November 2,251,849 257,577 December 2,638,179 386,330 City of Edmonds, WA Monthly Expenditure Summary -Engineering 2024 Engineering Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 301,531 $ 301,531 $ 283,081 $ 283,081 -6.12% February 604,565 303,034 286,618 569,699 -5.77% March 913,824 309,259 255,452 825,151 -9.70% April 1,223,821 309,997 270,205 1,095,355 -10.50% May 1,553,842 330,021 260,871 1,356,226 -12.72% June 1,868,266 314,424 260,767 1,616,993 -13.45% July 2,185,239 316,973 August 2,491,236 305,997 September 2,797,476 306,240 October 3,102,475 304,999 November 3,439,952 337,477 December 3,777,853 337,901 Engineering 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 13 Packet Pg. 51 GENERAL FUND DEPARTMENT EXPENSE SUMMARY I 7.3.a I City of Edmonds, WA Monthly Expenditure Summary -Non -Departmental 2024 Non -Departmental Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 926,027 $ 926,027 $ 1,244,387 $ 1,244,387 -3.27% February 1,489,596 563,569 221,547 1,465,934 -6.38% March 2,012,000 522,404 285,014 1,750,948 -6.73% April 2,395,260 383,260 211,983 1,962,932 -4.49% May 2,923,480 528,220 178,984 2,141,916 -2.42% June 3,677,256 753,776 824,054 2,965,970 -1.20% July 4,126,291 449,035 August 4,662,507 536,216 September 5,123,698 461,191 October 5,544,111 420,414 November 6,294,725 750,614 December 6,857,495 562,770 Non -Departmental 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -CurrentYear -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 14 Packet Pg. 52 FUND SUMMARIES I 7.3.a I City of Edmonds, WA Monthly Expenditure Summary -Fund 016 - Building Maintenance Fund 2024 Fund 016 - Building Maintenance Fund Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 93,773 $ 93,773 $ February 187,546 93,773 March 281,318 93,773 April 375,091 93,773 May 468,864 93,773 June 562,637 93,773 July 656,410 93,773 August 750,182 93,773 September 843,955 93,773 October 937,728 93,773 November 1,031,501 93,773 December 1,125,275 93,773 138,032 $ 138,032 47.20% 481,478 619,510 230.33% 9,472 628,982 123.58% 2,113 631,095 68.25% 28,074 659,169 40.59% 868 660,037 17.31% Fund 016 -Building Maintenance Fund 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -Prior Year *The monthly budget forecast columns are based on a five-year average. 15 Packet Pg. 53 FUND SUMMARIES ■ 7.3.a City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 1 & 2 2024 Real Estate Excise Tax 1 & 2 Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 225,388 $ 225,388 $ 158,734 $ 158,734 -29.57% February 376,297 150,909 141,173 299,908 -20.30% March 569,768 193,471 237,275 537,183 -5.72% April 775,427 205,659 354,193 891,375 14.95% May 1,036,020 260,593 338,546 1,229,921 18.72% June 1,293,139 257,119 321,623 1,551,544 19.98% July 1,573,012 279,874 August 1,849,679 276,667 September 2,151,102 301,423 October 2,420,735 269,633 November 2,687,175 266,440 December 3,000,000 312,825 Real Estate Excise Tax 1 & 2 2,700,000 2,100,000 1,800,000 / 1,500,000 1,200,000 900,000 600,000 300,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year -Budget -Prior Year City of Edmonds, WA Monthly Expenditure Summary -Fund 512 - Technology Rental Fund 2024 Fund 512 - Technology Rental Fund Expenses Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 278,067 $ 278,067 $ 450,425 $ 450,425 61.98% February 459,653 181,586 88,246 538,670 17.19% March 687,018 227,364 99,476 638,146 -7.11% April 781,894 94,876 88,852 726,999 -7.02% May 882,974 101,080 118,249 845,248 -4.27% June 1,005,318 122,345 90,723 935,972 -6.90% July 1,131,059 125,740 August 1,299,834 168,775 September 1,465,789 165,955 October 1,643,179 177,391 November 1,772,621 129,442 December 2,011,076 238,455 Fund 512 -Technology Rental l'lu1d Expenses 2,200,000 2,000,000 11800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget �Prior Year *The monthly budget forecast columns are based on a five-year average. 16 Packet Pg. 54 I 7.3.a I FUND 421 - WATER UTILITY FUND SUMMARY City of Edmonds, WA Monthly Revenue Summary -Fund 421- Water Utility Fund 2024 Fund 421 - Water Utility Fund Revenues Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 980,443 $ 980,443 $ 1,090,370 $ 1,090,370 11.21% February 1,712,436 731,993 711,773 1,802,143 5.24% March 2,701,940 989,503 1,075,486 2,877,629 6.50% April 3,356,766 654,827 785,359 3,662,988 9.12% May 4,316,356 959,590 1,061,688 4,724,677 9.46% June 5,115,288 798,932 847,725 5,572,402 8.94% July 6,310,311 1,195,023 August 7,304,483 994,172 September 8,635,357 1,330,874 October 9,613,693 978,336 November 11,500,392 1,886,699 December 12,314,744 814,352 City of Edmonds, WA Monthly Expenditure Summary -Fund 421- Water Utility Fund 2024 Fund 421 - Water Utility Fund Ripenses Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 641,026 $ 641,026 $ 503,314 $ 503,314 -21.48% February 1,300,480 659,453 589,193 1,092,506 -15.99% March 2,051,423 750,943 586,629 1,679,136 -18.15% April 2,887,784 836,362 705,351 2,384,486 -17.43% May 3,786,010 898,226 592,313 2,976,799 -21.37% June 5,237,771 1,451,761 900,416 3,877,215 -25.98% July 6,385,874 1,148,103 August 7,778,196 1,392,322 September 8,859,399 1,081,203 October 9,774,932 915,533 November 11,599,342 1,824,410 December 13,837,584 2,238,242 *The monthly budget forecast columns are based on a five-year average. 17 Packet Pg. 55 FUND 422 - STORM UTILITY FUND SUMMARY I 7.3.a I City of Edmonds, WA Monthly Revenue Summary -Fund 422 - Storm Utility Fund 2024 Fund 422 - Storm Utility Fund Revenues Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 663,684 $ 663,684 $ 542,348 $ 542,348 -18.28% February 2,084,443 1,420,759 1,169,775 1,712,123 -17.86% March 2,727,930 643,488 544,143 2,256,265 -17.29% April 3,254,732 526,802 499,506 2,755,771 -15.33% May 3,846,640 591,908 551,418 3,307,189 -14.02% June 4,357,699 511,059 492,629 3,799,818 -12.80% July 4,935,913 578,214 August 6,218,378 1,282,465 September 6,807,203 588,825 October 7,354,010 546,807 November 8,398,392 1,044,382 December 8,971,716 573,324 Fund 422 - Storm Utility Fund Revenues 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -Prior Year City of Edmonds, WA Monthly Expenditure Summary -Fund 422 - Storm Utility Fund 2024 Fund 422 - Storm Utility Fund Expenses Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 717,368 $ 717,368 $ 397,818 $ 397,818 -44.54% February 2,253,049 1,535,682 457,806 855,625 -62.02% March 2,948,588 695,538 332,627 1,188,252 -59.70% April 3,518,002 569,414 372,195 1,560,446 -55.64% May 4,157,788 639,786 354,257 1,914,703 -53.95% June 4,710,186 552,398 443,803 2,358,506 49.93% July 5,335,170 624,985 August 6,721,372 1,386,201 September 7,357,826 636,454 October 7,948,863 591,037 November 9,077,723 1,128,861 December 9,697,422 619,699 *The monthly budget forecast columns are based on a five-year average. 18 Packet Pg. 56 FUND 423 - SEWER UTILITY FUND SUMMARY I 7.3.a I City of Edmonds, WA Monthly Revenue Summary -Fund 423 - Sewer Utility Fund 2024 Fund 423 - Sewer Utility FWnd Revenues Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,687,922 $ 1,687,922 $ 1,476,339 $ 1,476,339 -12.54% February 3,157,126 1,469,204 1,418,266 2,894,605 -8.32% March 4,456,021 1,298,895 1,449,133 4,343,737 -2.52% April 5,760,746 1,304,725 2,353,378 6,697,115 16.25% May 7,543,920 1,783,174 1,462,475 8,159,590 8.16% June 8,534,081 990,162 1,340,953 9,500,543 11.32% July 10,048,029 1,513,948 August 11,755,236 1,707,207 September 13,439,062 1,683,826 October 14,631,473 1,192,411 November 18,018,844 3,387,371 December 20,019,768 2,000,924 City of Edmonds, WA Monthly Expenditure Summary -Fund 423 - Sewer Utility Fund 2024 Fund 423 - Sewer Utility ]Fund Expenses Cumulative Monthly Monthly YTD Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 1,035,408 $ 1,035,408 $ 1,373,009 $ 1,373,009 32.61% February 2,009,872 974,464 1,032,356 2,405,366 19.68% March 3,218,482 1,208,610 1,115,359 3,520,725 9.39% April 4,925,786 1,707,303 1,702,160 5,222,885 6.03% May 6,562,115 1,636,329 910,860 6,133,745 -6.53% June 8,402,137 1,840,022 1,362,165 7,495,911 -10.79% July 10,222,675 1,820,538 August 11,835,035 1,612,360 September 14,187,219 2,352,184 October 15,857,930 1,670,711 November 17,953,941 2,096,010 December 23,397,507 5,443,566 Ind 423 - Sewer Utility Fund Expenses 24,000,000 22,000,000 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC _Current Year -Budget Prior Year *The monthly budget forecast columns are based on a five-year average. 19 Packet Pg. 57 ■ 7.3.a I UTILITY EXPENSE SUMMARY Title CITY 0FEDMONDS EXPENDITURES - UTLITY- BY FUND IN SUMMARY 2024 Adopted 6/30/2023 6/30/2024 Budget Expenditures Expenditures Amount Remaining %Spent WATER UTILITY FUND $ 13,837,584 $ 3,802,333 $ 3,877,215 $ 9,960,369 28% O STORM UTILITY FUND 9,697,422 2,534,959 2,358,506 7,338,916 Q- 24% SEWER/WWTP UTILITY FUND 23,397,507 7,252,336 7,495,911 15,901,596 32% BOND RESERVE FUND 1,988,830 574,892 556,892 1,431,938 28% $ 48,921,343 $ 14,164,519 $ 14,288,523 $ 34,632,820 29% C 1L % L /may V N O N d C 3 20 n__�__a n� rn r"dl.KeL r"y. �O I 7.3.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of June 30, 2024 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate FNMA Bonds 992,693 0.01 1,000,000 999,536 07/02/24 1.75% FFCB Bonds 1,960,906 0.21 2,000,000 1,991,120 09/13/24 3.50% FHLB Bonds 950,774 0.39 1,000,000 981,872 11/18/24 0.90% Spokane County WA Bonds 207,260 0.42 200,000 197,296 12/01/24 2.10% First Financial - Waterfront Center CD 245,000 0.49 245,000 245,000 12/27/24 2.47% FHLMC Bonds 974,798 0.70 1,000,000 989,892 03/13/25 3.75% Farmer Mac Bonds 1,995,088 0.80 2,000,000 1,984,665 04/17/25 4.25% FHLB Bonds 969,524 1.08 1,000,000 987,483 07/28/25 3.60% US Treasury Note Note 964,597 1.13 1,000,000 978,984 08/15/25 3.13% FFCB Bonds 1,982,692 1.44 2,000,000 1,976,183 12/08/25 4.13% Farmer Mac Bonds 1,994,172 1.59 2,000,000 1,971,479 02/02/26 3.95% FHLMC Bonds 993,661 2.06 1,115,000 1,028,544 07/22/26 0.83% Farmer Mac Bonds 2,057,309 2.38 2,305,000 2,122,657 11/17/26 1.15% First Financial - ECA CD 2,803,516 3.38 2,803,516 2,803,516 11/15/27 2.96% TOTAL SECURITIES 19,091,991 1.15 19,668,516 19,258,226 Washington State Local Gov't Investment Pool TOTAL PORTFOLIO Issuer Diversification],al Farmer Mac, 32% FFCB, 20 FHLMC, FHLB, 11% 10% / 43,456,075 43,456,075 Demand 5.40% $ 63,124,591 $ 62,714,301 Cash and Investment Balances (in $Millions) Checking, $6.60, 10% Note, Bonds, $1.00, 2%� $15.62, 22% CD's, $3.05 4% � State LGIP, $43.46 , 62% 21 Packet Pg. 59 1 I 7.3.a I INVESTMENT PORTFOLIO SUMMARY F O CL 0 _ LL L m /may V N O N 0) C 3 O Q d 10 _ O _ LL L d ry� V N O N d C 7 d r.+ _d Q E O V C d t t� 10 Q 22 Packet Pg. 60 7.3.a City of Edmonds 2024 General Fund (001) Cash Flow Report (with ACTUALS) Revenues Property Tax Jan Actual 21,016 Feb Actual 366,893 Mar Actual 755,437 Sales Tax 1,061,193 1,158,271 948,328 Amusements & Utility Tax 513,836 865,277 655,472 Excise & Other Taxes - 81,406 - License & Permits 298,154 162,918 68,969 Other Governments & Grants 187,239 - 112,069 Service Fees 159,253 194,102 1,091,628 Interfund Service Fees' 138,726 507,933 313,147 Fines & Penalties 19,021 29,017 - Miscellaneous 133,900 50,526 61,266 Disposal of Capital Assets - - - Difference Inc / (ded 1160,451) 1239,098) 1379,558) 4,300 (54,299) 465,429 476,814 (0) (64,063) 150,102 10,000 Transfers 385,274 385274 391,075 5801 2,532,339 3,801,618 4 006 316 8,886,692 3 958 O85 3 062 106 2 873 997 2 882 457 3,236,022 8 471 720 4155 669 3,393,145 51260167 51056 792 203 375 Actual May Actual Jun Actual Jul Forecast Aug Forecast Sep Forecast Oct Forecast Nov Forecast Dec Forecast Total(Forecast) Budget 6,153,028 1,063,611 74,286 35,181 76,462 248,081 5,861,219 1,034,766 55,068 15,745,049 15,905,500 949,258 1,069,826 1,003,253 1,160,108 1,220,580 1,141,366 1,180,429 1,221,687 1,106,203 13,220,502 13,459,600 567,877 630,223 544,066 607,308 621,376 654,521 388,708 727,016 588,611 7,364,291 7,743,849 2,448 84,129 - - 77,091 213 - 84,940 73 330,300 326,000 322,066 84,523 61,744 309,068 78,413 59,292 225,430 205,556 64,318 1,939,451 1,993,750 138,735 312,945 257,513 63,351 872 81,342 41,462 258,016 216,596 1,670,139 1,204,710 239,048 169,274 614,426 181,275 354,401 570,814 220,758 162,921 611,416 4,570,326 4,093,512 334,873 308,477 315,117 318,277 330,866 327,237 333,333 298,814 500,513 4,027,314 4,027,314 91,609 153,244 68,090 116,118 54,167 83,341 65,725 - 157,954 838,287 902,350 87,751 81,833 113,611 84,311 68,229 69,815 154,656 161,953 91,383 1,159,234 1,009,132 - - 10,000 - - - - - - 10,000 - Salaries 1,868,992 1,860,417 1,848,525 1,975,160 2,402,922 2,040,193 1,953,553 1,950,674 1,968,066 1,980,234 1,980,068 1,988,929 23,817,734 23,095,383 722,351 Overtime 116,684 93,279 54,727 76,584 122,240 95,886 54,929 34,323 76,519 50,140 69,037 64,655 909,004 643,080 265,924 Holiday Buyback - - - - - - - 5,385 6,804 - 513,524 5,374 531,087 294,001 237,086 Benefits 740,340 702,129 684,991 745,469 767,668 718,780 705,438 710,956 733,340 745,702 764,740 777,427 8,796,980 7,868,-8 928,572 Uniforms 13,909 8,879 12,072 4,764 3,589 6,165 9,034 11,254 10,638 7,394 3,581 3,197 95,474 126,931 (31,457) Pension 2,932 - 5,864 2,932 2,932 2,932 9,024 9,024 9,024 9,024 5,929 5,929 65,545 141,668 (76,123) Supplies 13,474 28,205 36,924 25,194 112,010 33,603 37,707 70,458 59,151 93,274 51,780 50,694 611,474 677,285 (64,811) Small Equipment 1,388 5,978 935 5,873 7,240 7,973 55,845 53,509 Z512 2ZS64 3,285 17,947 185,049 239,791 (54,742) Professional Services 414,539 504,373 572,676 405,136 441,983 459,554 898,460 1,353,703 1,428,420 1,307,061 1,S42,135 1,473,382 10,801,522 10,918,360 (116,838) Communications 11,170 8,838 20,583 25,147 7,697 15,162 29,460 15,374 40,080 11,136 13,823 29,348 228,819 236,105 (7,286) Travel 695 2,208 4,646 1,304 8,236 7,337 4,874 4,826 1,400 4,101 3,451 1,562 44,640 51,187 (6,547) Excise Taxes 2,725 2,136 3,250 2,554 2,304 2,423 Z236 2,265 4,526 3,029 1,991 1,737 31,176 30,000 1,176 Interfund Rent 315,916 322,079 323,652 319,860 315,908 320,122 320,176 326,946 329,506 321,806 328,193 326,679 3,870,842 3,913,541 (42,699) Insurance 910,495 - - - - - - - - - - - 910,495 883,686 26,809 Utilities 56,826 45,879 62,960 62,997 63,245 28,032 88,753 40,025 77,938 47,846 57,730 70,110 702,339 663,800 38,539 Repair &Maint 81,539 22,811 34,904 29,285 10,924 2,320 3,591 23,959 10,687 4ZS73 19,276 27,207 309,076 388,300 (79,224) Miscellaneous 66,908 74,660 42,575 34,243 26,483 22,362 18,551 21,776 43,389 41,685 1ZB51 17,464 423,947 424,867 (920) Contingency - 25,000 - - - - - - - - - - 25,000 25,000 - Transfer - - - - - 525,000 - - - - 62,695 49,478 637,173 650,000 (12,827) Building (Capital) 34,040 - - - - 408,179 - - - - - - 441,219 - 442,219 Machinery& Equipment (Capital) - - - - 20 - - - - - - - 10 - 20 Construction (Capital) - - - - - - - - - - - - - - - Lease - - - 44,224 23,750 23,750 23,750 23,750 23,750 23,750 23,750 23,750 234,224 300,000 (65,776) Debt -Principal - - - - - - - - - - - 197,120 197,120 197,120 - Debt - Interest - - 9,562 21,356 - 61,886 - - - - - 61,890 154,694 123,780 30,914 Debt- Other 500 (500) 4,652,570 3,706,872 3,718,847 3,782,082 4,319,151 4,781,657 4,215,380 4,659,207 4,825,750 4,713,320 5,457,937 5,193,880 54,026,653 1 51,892,593 1 2,133,860 Net Revenue/(Expenditures) 1 (2,120,231)l 94.746 1 287.469 1 5.104.610 1 (361,065)(1,719,552)(1,341,383)(1,776,750) (1,589,728)1 3,758,400 1 (1,302,268)(1,800,735) (2,766,486) (836,001)(1,930,485) Changes in AR 30,743 30,894 (8,337) 16,329 63,269 (19,719) Changes in AP (256,704) (227,711) 31,069 175,337 (125,023) (132,356) Cash Balance 1 (2,511,077)(2,613,147) (2,302,946)1 2,993,329 1 2,570,509 1 698,883 Packet Pg. 61 7.4 City Council Agenda Item Meeting Date: 07/23/2024 Financial Policies Staff Lead: Mike Bailey Department: Administrative Services Preparer: Kimberly Dunscombe Background/History Upon reviewing the Finance Committee's comments from the May meeting, several recommended edits were made to the draft policies for further consideration. The proposed policies are intended for a "long-term / normal" context within the City, but deviations may occur during fiscal emergencies. The mayor's proposed budget will identify any deviations from the Council's adopted policies. Key points discussed: 1. Reserve Levels and Credit Ratings: The bond rating agencies consider both policy target levels and a city's track record regarding reserve levels. For instance, a policy floor of 12% of expenditures in utility funds, along with a history of maintaining higher reserves, is viewed positively. 2. Timing of Budget Amendments: The draft policy does not currently address the timing of budget amendments. This could be added if the committee believes it would clarify expectations and procedures. 3. Fiscal Note on Council Agenda Memos: The Blue Ribbon Panel suggested including a standing fiscal note on each Council Agenda Memo where appropriate. This recommendation has not yet been incorporated but could be easily added to the policy draft if Council agrees. Staff Recommendation Staff recommends forwarding to the next Council meeting's received for filing and then to a future Council meeting for discussion. Narrative Financial Policies were reviewed and discussed at the May, June and July Finance Committee. Committee members made recommendations which were captured in this revision. Finance Committee recommended forwarding DRAFT Financial Polices to the next Council meetings received for filing agenda to provide full Council an opportunity to review the revised DRAFT Financial Policies. The intent is to bring the policies to the next available Council meeting for discussion and adoption. Attachments: Draft Financial Policies for City of Edmonds Council Consideration as of July 5 Revised Draft Financial Policies for City of Edmonds Council Consideration - from July 16 Packet Pg. 62 7.4.a DRAFT City of Edmonds Washington - Financial Policy Framework Contents FinancialReporting Policy............................................................................................................2 Annual Financial Reports..........................................................................................................2 Interim Financial Reports..........................................................................................................2 Mid -year Financial Review.........................................................................................................3 Fund Balance Reserve Policy........................................................................................................3 Introduction.............................................................................................................................3 Goals of the Fund Balance Reserve Policy.................................................................................4 Fund Balance Reserve Policy....................................................................................................4 Objectives...............................................................................................................................4 Factors that Influence the Appropriate Size of Reserves.............................................................5 Reserve Levels for City Major Operating Funds...........................................................................5 Utilization of Fund Balances and Reserves................................................................................5 Fund Balance and Reserve Replenishment................................................................................6 InterfundLoan Policy...................................................................................................................6 Long Term Interfund Loans........................................................................................................6 Short -Term Debt Policies...........................................................................................................7 BudgetPolicy...............................................................................................................................7 Purpose...................................................................................................................................7 References...............................................................................................................................7 OperatingBudget Policy..........................................................................................................8-7 Long Range Financial Strategy...................................................................................................9 RevenuePolicy.........................................................................................................................9 ExpenditurePolicy..................................................................................................................10 Glossary....................................................................................................................................10 Packet Pg. 63 7.4.a City of Edmonds— Financial Policy Framework Financial Reporting Policy Annual Financial Reports The City shall use the Washington State Auditor's Office (SAO) guidance to publish an Annual Comprehensive Financial Report (ACFR) consistent with Generally Accepted Accounting Principles and the SAO's current Budgeting, Accounting and Reporting Systems (BARS) manual. Such report shall be prepared and submitted to the SAO within the timelines prescribed by the BARS manual (currently May 30 of each year). The City shall schedule an audit of the report on a timely basis (no later than mid -year, depending on the SAO's availability to complete the audit). The report shall be published on the City's web page once submitted to the SAO and marked "unaudited" until such time as the annual audit is complete. Once the audit is complete an "exit conference" shall be conducted with City leadership and City Council shall be invited to attend the exit conference with SAO personnel. Once the exit conference occurs, the final, audited ACFR shall be posted on the City's website and marked "audited". Interim Financial Reports Interim financial reports of all funds of the City shall be presented to the Council Finance Committee (Committee) each month on a timely basis (preferably in the month following the month subject to the report). Such reports shall: 1. Identify any issues or items of note on the cover page 2. Provide the beginning fund balance, revenues, expenditures and ending fund balance on a modified accrual basis for all funds of the City. a. For purposes of the proprietary funds, fund balance shall be the working capital (current assets minus current liabilities). b. For purposes of the governmental funds, fund balance shall begin with the published endingfund balance from the prior fiscalyear (including accruals but not reversal entries (aka: period zero) so as to approximate modified accrual). 3. Provide the unreserved and reserved cash balances for all Cityfunds. 4. Indicate any interfund borrowing necessaryto maintain positive cash balances in a manner consistent with the City's interfund loan policy. 5. Year-to-date status of all major fund revenue and expenditures of the City (major funds are those where expenditures represent at least 10 percent of the City's total expenditures). a. Such information shall be presented in both numeric and graphic form and illustrate a comparison with monthly forecast expectations. b. All departments of the City's General Fund and Enterprise Funds shall be presented in like manner. 6. A cash -flow report for the General Fund illustrating anticipated receipts and disbursements for each future month and the actual receipts and disbursements for past months. 7. Project reports shall be presented on major projects (both operating and capital projects) previously identified by the Committee. 8. Investment balances along with year-to-date interest earnings. Page 2 Packet Pg. 64 7.4.a City of Edmonds— Financial Policy Framework Mid -year Financial Review A review of City financial highlights shall occur approximately in the middle of the City's fiscal year. Such a review shall be provided to the full City Council and shall include: 1. A review of the prior year's audit including: a. Any findings or management letters presented to the City by the SAO, b. The Audit Opinions provided to the City by the SAO, c. Any changes or adjustments made to the published, unaudited financial reports made due to audit. 2. A review of the current biennial budget to date including: a. Any updates to beginning fund balances as a result of audit, b. Biennium -to -date budgetary performance of major revenues and expenditures compared to expectations including any resulting budget amendment recommendations. (For example, if revenues are below expectations a recommendation could be made to adjust budget authority). c. The status of any interfund loans consistent with the City's Interfund Loan Policy. 3. A preview of the future budgetary expectations. a. In an odd -numbered year, the preview will focus on the upcoming mid -biennium review. b. In an even -numbered year, the preview will focus on the upcoming biennial budget process. c. The preview will include: i. Expectations for revenue trends and the underlying issues that influence the expectations. If changes to rates or fees are anticipated, they shall be part of this discussion. ii. Expectations for expenditures in the coming fiscal period and the underlying issues influencing these expectations. iii. A draft calendar forthe upcoming process (either mid -biennium review or biennial budget process). iv. An update to the long-range financial plan as appropriate along with relevant assumptions. Fund Balance Reserve Policy Introduction The overall objective of Fund Balance Reserve Policy is to define that portion of fund balance that is unavailable to support the current budget. In many ways, fund balance represents working capital, which can either be used as a liquidity reserve or for spending in future years. A comprehensive fund balance reserve policy provides guidelines for the major funds of the City of Edmonds and provides a structured approach in setting reserve levels in specifically designated funds. It is financially prudent for Edmonds to retain a modest level of unrestricted/uncommitted working capital in addition to explicitly defined reserve levels identified in this policy to address unforeseen expenditure needs each budget cycle. Page 3 Packet Pg. 65 7.4.a City of Edmonds - Financial Policy Framework This Fund Balance/Reserve Management Policy is intended to guide prudent use of resources to provide for services to taxpayers and to maintain sound management policies. It is essential that governments maintain adequate levels of fund balance reserves to mitigate risks and provide a back-up for unanticipated revenue shortfalls or expenditures. Goals of the Fund Balance Reserve Policy The goals of this Fund Reserve Policy are to provide clear guidance for the appropriate level of Fund Balance Reserve for our city; set reporting and monitoring requirements, define the appropriate triggering warning mechanism when approaching reserve usage, set Council approval before the Restricted Reserve can be used, define replenishment timeline and requirements, and that uncommitted fund balances should not be spent down to the ceiling of the General Fund reserve Level. Fund Balance Reserve Policy It is the policy of the City of Edmonds to provide for the continuity of City government by planning ahead for economic uncertainties and unforeseen or unplanned major expenditures. This policy establishes reserve fund balance accounts that will provide funding foremergencies, economic uncertainties and for unanticipated operating expenses or revenue shortfalls. In addition, this policy incorporates the provisions of Governmental Accounting Standards Board Statement (GASB) no. 54, Fund Balance Reporting and Governmental Fund Type Definitions. Objectives The purpose of this Fund Balance Reserve Policy is to assist the City in the pursuit of the following equally important objectives: 1. Build adequate reserves which will provide the City the resources necessary for financial stabilization, particularly during times of unforeseen emergencies and economic downturns. 2. Establish sound fiscal reserve policies that will serve as the foundation for ensuring that strong fiscal management policies guide future City decisions. 3. Provide prudent guidelines regarding the establishment, use and replenishment of City committed or assigned fund balances reserves. 4. Establish a process for periodic reporting and review of the City's various fund balances (reserves); and 5. Enhance the City's credit ratings received from rating institutions through the establishment of clearly delineated Fund/Reserve policies that promote strong fiscal management. 6. Establish reserve policies that are in full compliance with GASB 54 financial reporting requirements. that prioritize the City's core services. Page 4 Packet Pg. 66 7.4.a City of Edmonds — Financial Policy Framework Factors that Influence the Appropriate Size of Reserves Volatility - The predictability and/or the volatility of its revenues or itsexpenditures (i.e., higher levels of fund balance reserves may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile). Operating Fund Size -The overall size of the fund's budgetary events should be taken into consideration in setting the required fund balance reserve level and type for a particular fund. Reserves as a Risk Management Tool— Reserve levels can vary if there significant or perceived exposure to one-time outlays (e.g., disasters, immediate capital needs, or are there potential drains upon fund resources from other funds, or conversely, are there potential reductions in funding transfers from other funds)? Bond Ratings -The potential impact on the entity's bond ratings and the corresponding increased cost of borrowed funds. Reserve Levels for City Major Operating Funds General Fund —The General Fund Unassigned Fund Balance is set at 16% of annual operating expenditures as portrayed by the City's adopted budget. Contingent Reserve Fund (consistent with RCW 35A.33.145)—The Contingent Reserve Fund's purpose is to serve solely as an unassigned fund balance which shall be equal to 4% of the annual General Fund operating budget expenditures. Water Utility Fund —The budgeted Working Capital Balance is set at 12% of annual operating budget expenditures. Sewer / Wastewater Treatment Plan Fund -The budgeted Working Capital Balance is set at 12% of annual operating budget expenditures. Utilization of Fund Balances or Reserves The Mayor has the power to declare a fiscal emergency based upon one of the following: 1) A natural catastrophe. 2) An immediate threat to health and public safety; or 3) A significant decline in General Fund revenues. Or 4) Unexpected expenditures that outpaced General Fund revenue. Council shall be notified of any fiscal emergency declared by the Mayor within 30 days of such declaration. The fiscal emergency declared by the Mayor must be approved by a simple majority of the City Council in a timely fashion. Note: if the mayor is unable to act or refuses to act to declare a fiscal emergency when any one of these conditions are present, City Council may declare a fiscal emergency by a simple majority vote. Uses of Fund Balances or Reserves stipulated as minimum balances by this policy shall have occurred when expenditures are authorized via an appropriation of the council. Incidental use of available fund balances (Governmental Funds) or reserves (Enterprise Funds) for incidental cash -flow shall not constitute a "utilization of Fund Balances or Page 5 Packet Pg. 67 7.4.a City of Edmonds - Financial Policy Framework Reserves" under this. Incidental use shall not exceed $5 million or be for more than 60 days without prior council approval. Limitations of Fund Balance or Reserve Fund Use Any use of the fund balances or reserves below the stipulated policy levels shall be only in cases of fiscal emergency and shall not be used to augment ongoing budgetary/operating spending increases. Fund Balances or Reserves above the stipulated policy levels may also be used forone-time non-reoccurringexpenditures and/orcapital projects (operations and maintenance shall not be included), consistent with the Budget Policy as submitted by the Mayor and approved by the Council. The amount of funds to be withdrawn from this committed fund balance reserve shall be determined by the Mayor subject to City Council approval. In his/her presentation to the Council, the Mayor or his/her designee shall include a detailed list of how the funds will be applied. A simple majorityvote of the Council shall be required to approve the amount and use of funds. Fund Balance and Reserve Replenishment In the event of use of any of the stipulated Fund Balances or Reserves has occurred, the Mayor shall present to the City Council an annual Replenishment Plan within 60 days, as well as an element of each monthly interim financial report until the stipulated balances are restored. The monthly interim financial report shall clearly present the amount that any Fund Balance or Reserve accounts are below the levels stipulated by this policy. The initial Replenishment Report must include the following information: 1) Amount of Reserves used; 2) Whether it is anticipated additional Reserves will be needed in the following budget cycle, and 1) A plan for replenishing the Reserve to policy mandated levels. Interfund Loan Policy Long Term Interfund Loans The City may issue interfund loans rather than outside debt instruments as a means of financing capital improvements. Interfund loans will be permitted only if an analysis of the affected accounting fund indicates excess funds (e.g. cash and investments) are available and the use of these funds will not impact the fund's anticipated operations. All long-term interfund borrowing will be subject to prior approval by the City Council and will bear interest based upon rates of the Local Government Investment Pool of the Washington State Treasurer's Office (the Pool). Upon consideration of a request to Council to authorize an interfund loan, the request shall include an estimate as to the anticipated length of the loan. Page 6 Packet Pg. 68 7.4.a City of Edmonds— Financial Policy Framework The decision to use interfund loans rather than outside debt will be based on which is deemed to be the most cost effective approach to meet city capital needs. Such assessment shall include an assessment as to the ability of the lending fund to provide such resources without an impact on its operations and should be reviewed by the City's Municipal Advisor who shall provide an objective analysis and recommendation to the City Council prior to their consideration of such a loan. Short -Term Debt Policies Short-term debt is defined as a period of three one years or less. The City may use short-term debt to cover temporary cash flow shortages, which may be caused by a delay in receipt of tax revenues or issuing long-term debt. The City will not use short-term debt as a substitute for revenues to finance current operations. All interfund short-term borrowing will be reported in the monthly financial reports of the City in accordance with the Interim Financial Reports Policy and will bear interest based upon prevailing rates of the Pool. Council reserves the right to reverse the use of short-term interfund loans at its discretion. Use of short-term, interfund borrowing for temporary cash flow shortages do not, in and of itself constitute a use of Fund Balances or Reserves under that policy. Budget Policy Purpose The purpose of the budget policy for the City of Edmonds is to establish a robust financial foundation that supports the continuation of essential municipal services while ensuring the social welfare and upkeep of the city's physical infrastructure. This policy aims to fortify the city's resilience against local and regional economic challenges, enabling it to adapt to evolving service demands and other community -related changes. By maintaining an outstanding credit rating, the city government aims to instill confidence in taxpayers regarding the fiscal health and stability of Edmonds. Furthermore, the budget policy seeks to address the needs ofj: • Future Current and future generations within the Edmonds community, • Those in our community who are less able to be proactively involved in shaping government policy while, • emphasizing a forward -looking approach to financial planning and resource allocation. This policy shall apply to all City funds. References • GFOA Best Practices Adopting Financial Policies • SAO Top 12 most important financial policies • MRSC Financial Policies Overview Page 7 Packet Pg. 69 7.4.a City of Edmonds- Financial Policy Framework Operating Budget Policy The operating budget serves as the cornerstone of the City of Edmonds' financial strategy, embodying a comprehensive two-year plan that aligns with the city's priorities as approved by the City Council to deliver essential services. Developed biennially, this budget framework encapsulates the municipality's vision and commitment to meeting the needs of its residents. The budget policy helps to ensure transparency, efficiency, and effectiveness in fiscal management. 1. The goals of the budget process are to: o Align the budget with adopted priorities of the City Council, o Measure progress towards priorities, o Get the best value for each tax dollar, and o Foster continuous learning in the City. 2. The operating budget should reflect sustainable levels of service. 3.1. The city's operating budget will not use one-time resources for on- going operations without a clear source for future support of the operations. 3.2. "One-time" expenses require specific authority to be carried forward into subsequent budgets (i.e. no automatic "roll-over" of appropriations). 4Q. Revenues and expenditures for the General Fund and all major operating funds shall be projected for the current biennium and the ensuing four years. a. Such projections shall be supported by documentation of assumptions used to develop the forecasts. b. Alternative forecasts maybe presented. 5-4. The biennial operating budget should include any maintenance and operating costs associated with completed capital projects. 675. The city will maintain omits assets at a level that protects the City's capital investment and minimizes future maintenance and replacement costs. The city's asset profile shall be consistent with the Capital Facilities Plan element of the Comprehensive Plan. 7-.6. The city will maintain an equipment replacement and maintenance needs analysis for the life cycle of the equipment and will update this projection every two years consistent with budget development. & . All general government current operating expenditures will be paid from current revenues. a. Any inabilityto support operations from current revenues shall be specifically identified in the Mayor's proposed budget. 9-.8. The citywill avoid budgetary and accounting procedures which balance the current budget at the expense of future budgets. +679. The City of Edmonds defines a balanced budget as current biennium budgeted revenues (including fund balances) being equal to or greater than current biennium budgeted expenditures. ++710. The City further defines a structurally balanced budget as recurring budgeted revenues (excluding fund balances) being equal to or greater than recurring budgeted expenditures. +2.11. All supplemental appropriation requests for programs following the adoption of the original budget will be considered based on need and the availability of a new funding ' Formatted Page 8 Packet Pg. 70 7.4.a City of Edmonds— Financial Policy Framework 4) .O O source (e.g., unanticipated grant). All supplemental appropriations will conform to the d same rigors as the budget process for the biennium. i0 +3 12. Budget Calendar v C a. The Mayor will propose a biennial budget calendar by the first regular City Council business meeting in April in every even year. b. The calendar will be comprehensive in nature and generally provide for a process I-- that resembles the Best Practices for municipal budgets as published by the U. Government Finance Officers Association. .J G Long Range Financial Strategy O, The Council shall develop a forward -looking outline of policy preferences for City fiscal resiliency to O be known as the "Long -Range Financial Strategy" (the Strategy). Such a strategy shall address O policy guidance for revenues, operating expenditures and capital projects to be used by the Mayor N in developing budget proposals and related actions to be considered for adoption by the City R C Council. O Initially the strategy should be developed in anticipation of the 2025-26 biennium budget and w i as Capital Improvement Program. N The Strategy shall also be the basis for developing financial forecasts and any recommendations 0 regarding significant revenue increases. V Revenue Policy In our commitment to financial stability and resilience, the City of Edmonds adopts a proactive approach to revenue management. Central to this approach is the recognition of the inherent volatility associated with individual revenue streams. Thus, our revenue policy emphasizes the importance of maintaining a diversified revenue mix. By spreading risk across various sources of income, the city aims to mitigate the impact of short-term fluctuations in any single revenue stream. This strategic diversification not only safeguards against economic uncertainty but also ensures the sustained funding necessary to support vital municipal services and initiatives. 1. As permitted by state law, the city will strive to maintain a diversified revenue mix, encompassing elastic and inelastic revenues, to help manage the downside risks associated with economically sensitive revenue sources and to keep pace with expenditure growth. To pursue this policy goal, the City Council will consider revenue changes as part of its review of the City's Long Range Financial Strategy each biennium. 2. To minimize the impact of an economic downturn on service levels, conservative revenue estimates will be developed for economically sensitive revenue sources. For this purpose, conservative shall mean that actual revenues are more likely to be greater than the estimate rather than less. 3. The city will estimate its biennial revenues by an objective, analytical process using best practices as defined by the Government Finance Officers Association. Economic assumptions will be influenced by reliable and relevant sources such as the Washington State Economic and Revenue Forecast Council and the King County Office of Economic and FinanciaLAnalysis. 4. The city will project revenues for the next six years and will update this projection biennially. Page 9 Packet Pg. 71 7.4.a City of Edmonds— Financial Policy Framework 5. The Finance Department will present to the City Council an analysis of each potential major revenue source as part of the biennial budget process. 6. The City will refrain from making budgetary decisions (specifically allocating resources to be expended) outside of the biennial budget process or the formal budget amendment process. fro Budget amendments will provide a description of the overall impact of the proposed Formatted amendment on the fund's ability to remain structurally balanced in the future. 7. The City will establish all user charges after considering the full cost of providing the service and within policy parameters with regard to cost recovery goals established by the City Council. 8. In each odd numbered year, the city will review user fees to adjust for the effects of inflation and other factors as appropriate. Expenditure Policy The city's financial policy ensures strict adherence to all relevant regulations governing expenditure transactions while also prioritizing forward -Looking forecasting methodologies. By evaluating projected expenditures, we aim to gauge our city's capacity to fulfill performance metrics and effectively address the evolving needs of our community, fostering transparency and fiscal responsibility. 1. The City's operating budget will not use one-time revenues to support ongoing expenditures. 2. The City will maintain expenditure categories according to state statute and administrative regulation. Capital expenditures shall meet the requirements of generally accepted accounting principles (GAAP). 3. The City will forecast its General Fund expenditures biennially for the next six years. The drivers and assumptions used in the forecast will be described. 4. A cost allocation plan will be maintained and updated as a part of each City budget. The cost allocation plan will be the basis for distribution of general government costs to other funds or capital projects (also known as indirect costs). Such plan will be incorporated into the City's budgeting process and subject to City Council review. Glossary Annual Comprehensive Financial Report (ACFR)- A set of financial statements for a state, municipality or other governmental entity that comply with the accounting requirements established by the Governmental Accounting Standards Board (GASB). It must be audited by an independent auditor using generally accepted government auditing standards. The ACFR consists of three sections: Introductory, Financial and Statistical. The Introductory section orients and guides the reader through the report. The Financial section presents the entity's basic financial statements as well as notes to the statements and the independent auditors' report. The Statistical section provides additional financial and statistical data, including data about financial trends that may better inform the reader about the government's activities. Page 10 u_ H LL Q Packet Pg. 72 7.4.a City of Edmonds - Financial Policy Framework Balanced Budget - Fund balance plus budgeted revenues is equal to or greater than budgeted expenditures. Budget - A plan of financial operation containing an estimate of proposed expenditures for a given period and a proposed forecast of revenues (receipts) to cover them. A budget is also a plan that outlines an organization's financial and operational goals and strategies in monetary terms. Capital Expenditures are expenditures incurred when monies are spent eitherto buyfixed assets orto add to the value of an existing fixed asset with a useful life that extends beyond the fiscal year. In accounting, a capital expenditure is added to an asset account ("capitalized"), thus increasingthe asset's basis (the cost orvalue of an asset). The general rule isthat if the property acquired has a useful life longerthanthe time stipulated by policy, the cost must be capitalized. The capital expenditure costs are then amortized or depreciated over the life of the asset in question in full accrual accounting systems. Council - Means the legislative body (the city council) that governs the City of Edmonds. Expenditure - The actual payment of cash or cash equivalent for goods delivered or services rendered, or a charge against available funds in settlement of an obligation as evidenced by an invoice, voucher or other such document during the fiscal year. For governmental reporting purposes, expenditures include expenses or a provision for debt retirement not reported as a liability of the fund from which retired. Fiscal Year - A 12 month period to which the annual or biennial operating budget applies and the end of which a governmental unit determines itsfinancial position andthe results of its operations. In Washington State, Citys use a January to December fiscal year. Regardless of whether annual or biennial budget is used, the Fund Balance Reserve and Contingency Fund Reserve are reviewed on an annual basis. Fund - A fund is a self -balancing set of accounts recording cash and other financial resources, together with all related liabilities and "residual" equity or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain planned objectives in accordance with special regulations, restrictions or limitations. Fund Balances -The overall objective of fund balance reporting isto isolatethat portion of a fund balance that is unavailable to support the following period's budget (see GASB 54 definition below). In general, an unassigned fund balance shall be defined as those amounts that are not restricted, committed, or assigned, of a particular fund at the end of the fiscal year. GASB 54 - Fund Balance Reporting and Governmental Fund Type Definitions - The City of Edmonds's ACFR Financial Statements are required to comply with GASB 54 as Page 11 Packet Pg. 73 7.4.a City of Edmonds - Financial Policy Framework d O stipulated by the Washington State Auditor's Office. GASB 54 identifies fund balance (L classifications that can be more consistently applied by clarifying existing ca governmental fund type definitions. M c Fund balance is the difference between the assets and liabilities reported in a fund. IL GASB statement No. 54 provides the following five categories for classifying fund u_ balance and related definitions to be used for describing the components of fund < balance: 1. Nonspendable Fund Balance Amounts that are not in a spendable form or are Ul) required to be maintained intact. Due to the nature or form of the resources, >% they generally cannot be expected to be converted into cash or a spendable 3 form (e.g. Inventories and prepaid amounts). This also includes long-term loan w and notes receivable and property held for resale. Applies as well to amounts that O must be retained intact legally or contractually. 2. Restricted Fund Balance - Amounts that can be spent only for the specific = O purposes stipulated. Constraints are placed on the use of resources by external parties (e.g. by creditors, grant providers, contributors) or by laws or regulations (e.g. constitution or legally enforceable language). Restrictions a may be changed or lifted only with the consent of the resource provider. _ 3. Committed Fund Balance - Amounts can only be used for the specific O U purposes determined by a formal action of City Council. Constraints on fund — balance use are imposed by internal. formal action of the government's highest = Level of decision -making authority (e.g. City Council) and can only be removed p or changed by taking the same type of action it employed to commit those U amounts through legislation, resolution, or ordinance (e.g. funds committed to satisfy contractual obligations). Action to constrain resources must occur = O prior to year-end; however the amount can be determined in the subsequent E period. W 4. Assigned Fund Balance - Assigned fund balances include amounts that are — limited by the Council, Mayor, or his/her designee, for its intended use, but little or no formal action is required to modify or eliminate those limitations. w U Assigned fund balances comprises amounts intended to be used for a specific C purpose. Amounts reported as assigned should not result in a deficit in unassigned fund balance. Also relates to all governmental funds other than the 44) General Fund, with any remaining positive amounts not classified as _v nonspendable, restricted or committed. a 5. Unassigned Fund Balance - Comprises the residual classification for the General Fund and includes all amounts not contained in the other classifications. Unassigned amounts are available for any purpose. This represents the residual amount of the fund balance that has not been = restricted, committed, or assigned. u_ M L General Fund - In public sector accounting, the General Fund is the primary operating fund for all revenues of the Citythat are not otherwise restricted as to their use, including m Page 12 Packet Pg. 74 7.4.a City of Edmonds - Financial Policy Framework monies from local property and sales tax, and other revenue sources that are not assigned for a specific purpose. The General Fund provides the resources necessary to pay/sustain the day-to-day activities for City services such as administration, community services, parks and recreation, police, fire, public works, elected officials, Mayor, and City Council. Government Accounting Standards Board (GASB) - GASB is the private, nonpartisan, nonprofit organization that works to create and improve the rules U.S. state and local governments follow when accounting for their finances and reporting them to the public. While the GASB does not have the power to enforce compliance with the standards it promulgates, the authority for its standards is recognized under the Rules of Conduct of the AICPA. Also, legislation in many states requires compliance with GASB standards, and governments usually are expected to prepare financial statements in accordance with those standards when they issue bonds or notes or otherwise borrow from public credit markets. In Washington, state law delegates this authority to the Washington State Auditor's Office who prescribes accounting and reporting standards for cities. Operating Budget - A detailed projection of all estimated income and expenses based on forecasted revenue during a given period (usually one year). Revenue - The income of a government from all sources appropriated for the payment of the public expenses. It includes such items as tax payments, fees from specific services, receipts from other governments, fines, forfeitures, grants, shared revenues and interest income. Structurally Balanced Budget -Budgeted recurring revenues are greater than budgeted recurring expenditures in the biennium. Structural Budget Deficit or "Gap" - A budget deficit (Gap) that results from a fundamental imbalance whereby current year governmental expenditures exceed current year revenues without any consideration of carryover or prior year unspent revenue balances if they exist. A structural deficit remains across the operating fiscal cycle because the general level of government spending is too high for the prevailing revenue structure (e.g., taxes, fees and other sources). A fiscal Gap, is a structural budget deficit over an extended period of time and not only includes the structural deficit at a given point in time but also the difference between promised future government commitments, such as health and retirement spending, and future planned or anticipated tax and other revenues. Page 13 Packet Pg. 75 7.4.b 91ORT,aI City of Edmonds Washington - Financial Policy Framework Contents .0 Financial Reporting Policy 2 a Annual Financial Reports..........................................................................................................2 c c� Interim Financial Reports..........................................................................................................2 _ H Mid -year Financial Review.........................................................................................................3 Q o: Fund Balance Reserve Policy........................................................................................................3 0 Introduction 3 `° 21 Goals of the Fund Balance Reserve Policy.................................................................................4 Fund Balance Reserve Policy4 E .................................................................................................... o L 4- Objectives 4 ' _ 0 Factors that Influence the Appropriate Size of Reserves 5 L Reserve Levels for City Major Operating Funds...........................................................................5 a Utilization of Fund Balances and Reserves................................................................................5 0 U Fund Balance and Reserve Replenishment ................................................................................6 InterfundLoan Policy...................................................................................................................6 _ 0 U Long Term Interfund Loans........................................................................................................6 Short -Term Debt Policies...........................................................................................................7 0 E BudgetPolicy...............................................................................................................................7 w 0 Purpose...................................................................................................................................7_ References...............................................................................................................................7 U L 0 Operating Budget Policy............................................................................................................8 N m Long Range Financial Strategy...................................................................................................9 .2 0 a RevenuePolicy.........................................................................................................................9 Ta ExpenditurePolicy..................................................................................................................10 0 _ Packet Pg. 76 7.4.b City of Edmonds — Financial Policy Framework Financial Reporting Policy Annual Financial Reports .o a The City shall use the Washington State Auditor's Office (SAO) guidance to publish an Annual Comprehensive Financial Report (ACFR) consistent with Generally Accepted Accounting Principles = and the SAO's current Budgeting, Accounting and Reporting Systems (BARS) manual. c ii Such report shall be prepared and submitted to the SAO within the timelines prescribed by the BARS manual (currently May 30 of each year). The City shall schedule an audit of the report on a timely basis (no later than mid -year, depending on the SAO's availability to complete the audit). o The report shall be published on the City's web page once submitted to the SAO and marked `r° "unaudited" until such time as the annual audit is complete. Once the audit is complete an "exit 3 conference" shall be conducted with City leadership and City Council shall be invited to attend the exit conference with SAO personnel. Once the exit conference occurs, the final, audited ACFR 0- shall be posted on the City's website and marked "audited". 4- Interim Financial Reports Interim financial reports of all funds of the City shall be presented to the Council Finance Committee (Committee) each month on a timely basis (preferably in the month following the month subject to the report). Such reports shall: 1. Identify any issues or items of note on the cover page 2. Provide the beginning fund balance, revenues, expenditures and ending fund balance on a modified accrual basis for all funds of the City. a. For purposes of the proprietary funds, fund balance shall be the working capital (current assets minus current liabilities). b. For purposes of the governmental funds, fund balance shall begin with the published ending fund balance from the prior fiscal year (including accruals but not reversal entries (aka: period zero) so as to approximate modified accrual). 3. Provide the unreserved and reserved cash balances for all City funds. 4. Indicate any interfund borrowing necessary to maintain positive cash balances in a manner consistent with the City's interfund loan policy. 5. Year-to-date status of all major fund revenue and expenditures of the City (major funds are those where expenditures represent at least 10 percent of the City's total expenditures). a. Such information shall be presented in both numeric and graphic form and illustrate a comparison with monthly forecast expectations. b. All departments of the City's General Fund and Enterprise Funds shall be presented in like manner. 6. A cash -flow report for the General Fund illustrating anticipated receipts and disbursements for each future month and the actual receipts and disbursements for past months. 7. Project reports shall be presented on major projects (both operating and capital projects) previously identified by the Committee. 8. Investment balances along with year-to-date interest earnings. Page 2 Packet Pg. 77 7.4.b City of Edmonds — Financial Policy Framework Mid -year Financial Review U) A review of City financial highlights shall occur approximately in the middle of the City's fiscal year. m Such a review shall be provided to the full City Council and shall include: 'o 1. A review of the prior year's audit including: a a. Any findings or management letters presented to the City by the SAO, b. The Audit Opinions provided to the City by the SAO, c. Any changes or adjustments made to the published, unaudited financial reports made due to audit. 2. A review of the current biennial budget to date including: a. Any updates to beginning fund balances as a result of audit, o b. Biennium -to -date budgetary performance of major revenues and expenditures co compared to expectations including any resulting budget amendment >, recommendations. (For example, if revenues are below expectations a recommendation could be made to adjust budget authority). o c. The status of any interfund loans consistent with the City's Interfund Loan Policy. 4- 3. A preview of the future budgetary expectations. _ a. In an odd -numbered year, the preview will focus on the upcoming mid -biennium . review. b. In an even -numbered year, the preview will focus on the upcoming biennial budget process. c. The preview will include: i. Expectations for revenue trends and the underlying issues that influence the expectations. If changes to rates or fees are anticipated, they shall be part of this discussion. ii. Expectations for expenditures in the coming fiscal period and the underlying issues influencing these expectations. iii. A draft calendar for the upcoming process (either mid -biennium review or biennial budget process). iv. An update to the long-range financial plan as appropriate along with relevant assumptions. Fund Balance Reserve Policy Introduction The overall objective of Fund Balance Reserve Policy is to define that portion of fund balance that is unavailable to support the current budget. In many ways, fund balance represents working capital, which can either be used as a liquidity reserve or for spending in future years. A comprehensive fund balance reserve policy provides guidelines for the major funds of the City of Edmonds and provides a structured approach in setting reserve levels in specifically designated funds. It is financially prudent for Edmonds to retain a modest level of unrestricted/uncommitted working capital in addition to explicitly defined reserve levels identified in this policy to address unforeseen expenditure needs each budget cycle. Page 3 Packet Pg. 78 City of Edmonds — Financial Policy Framework 7.4.b This Fund Balance/Reserve Management Policy is intended to guide prudent use of resources to provide for services to taxpayers and to maintain sound management policies. It is essential that governments maintain adequate levels of fund balance reserves to mitigate risks and provide a back-up for unanticipated revenue shortfalls or expenditures. Goals of the Fund Balance Reserve Policy The goals of this Fund Reserve Policy are to provide clear guidance for the appropriate level of Fund Balance Reserve for our city; set reporting and monitoring requirements, define the appropriate triggering warning mechanism when approaching reserve usage, set Council approval before the Restricted Reserve can be used, define replenishment timeline and requirements, and that uncommitted fund balances should not be spent down to the ceiling of the General Fund reserve level. Fund Balance Reserve Policy It is the policy of the City of Edmonds to provide forthe continuity of City government by planning ahead for economic uncertainties and unforeseen or unplanned major expenditures. This policy establishes reserve fund balance accounts thatwill provide fundingforemergencies, economic uncertainties and for unanticipated operating expenses or revenue shortfalls. In addition, this policy incorporates the provisions of Governmental Accounting Standards Board Statement (GASB) no. 54, Fund Balance Reporting and Governmental Fund Type Definitions. Objectives The purpose of this Fund Balance Reserve Policy is to assist the City in the pursuit of the following equally important objectives: 1. Build adequate reserves which will provide the City the resources necessary for financial stabilization, particularly duringtimes of unforeseen emergencies and economic downturns. 2. Establish sound fiscal reserve policies that will serve as the foundation for ensuring that strong fiscal management policies guide future City decisions. 3. Provide prudent guidelines regarding the establishment, use and replenishment of City committed or assigned fund balances reserves. 4. Establish a process for periodic reporting and review of the City's various fund balances (reserves); and 5. Enhance the City's credit ratings received from rating institutions through the establishment of clearly delineated Fund/Reserve policies that promote strong fiscal management. 6. Establish reserve policies that are in full compliance with GASB 54 financial reporting requirements. that prioritize the City's core services. Page 4 m .2 0 a _ U_ U_ Q o: 0 Packet Pg. 79 7.4.b City of Edmonds — Financial Policy Framework Factors that Influence the Appropriate Size of Reserves Volatility - The predictability and/or the volatility of its revenues or its expenditures (i.e., higher levels .2 2 of fund balance reserves may be needed if significant revenue sources are subject to unpredictable o fluctuations or if operating expenditures are highly volatile). a Operating Fund Size -The overall size of the fund's budgetary events should be taken into consideration in setting the required fund balance reserve level and type for a particular fund. H Reserves as a Risk Management Tool — Reserve levels can vary if there are significant or Q perceived exposure to one-time outlays (e.g., disasters, immediate capital needs, or are there o potential drains upon fund resources from other funds, or conversely, are there potential reductions co in funding transfers from other funds)? >, Bond Ratings - The potential impact on the entity's bond ratings and the corresponding increased cost of borrowed funds. Reserve Levels for City Major Operating Funds General Fund —The General Fund Unassigned Fund Balance is set at 16% of annual operating expenditures as portrayed by the City's adopted budget. Contingent Reserve Fund (consistent with RCW 35A.33.145) —The Contingent Reserve Fund's purpose is to serve solely as an unassigned fund balance which shall be equal to 4% of the annual General Fund operating budget expenditures. Water Utility Fund —The budgeted Working Capital Balance is set at 12% of annual operating budget expenditures. Sewer/ Wastewater Treatment Plan Fund -The budgeted Working Capital Balance is set at 12% of annual operating budget expenditures. Utilization of Fund Balances or Reserves The Mayor has the power to declare a fiscal emergency based upon one of the following: 1) A natural catastrophe. 2) An immediate threat to health and public safety; or 3) Asignificant decline in General Fund revenues. Or 4) Unexpected expenditures that outpaced General Fund revenue. Council shall be notified of any fiscal emergency declared by the Mayor within 30 days of such declaration. The fiscal emergency declared by the Mayor must be approved by a simple majority of the City Council in a timely fashion. Note: if the mayor is unable to act or refuses to act to declare a fiscal emergency when any one of these conditions are present, City Council may declare a fiscal emergency by a simple majorityvote. Uses of Fund Balances or Reserves stipulated as minimum balances bythis policy shall have occurred when expenditures are authorized via an appropriation of the council. Incidental use of available fund balances (Governmental Funds) or reserves (Enterprise Funds) for incidental cash -flow shall not constitute a "utilization of Fund Balances or Page 5 Packet Pg. 80 7.4.b City of Edmonds - Financial Policy Framework Reserves" under this. Incidental use shall not exceed $5 million or be for more than 60 days without prior council approval. m .2 0 Limitations of Fund Balance or Reserve Fund Use a Any use of the fund balances or reserves below the stipulated policy levels shall be only in cases of fiscal emergency and shall not be used to augment ongoing budgetary/operating spending increases. Fund Balances or Reserves above the stipulated policy levels may also be used for one-time non -reoccurring expenditures and/or capital projects (operations and maintenance shall not be included), consistent with the Budget Policy as submitted by the Mayor and approved by the Council. co The amount of funds to be withdrawn from this committed fund balance reserve shall be determined by the Mayor subject to City Council approval. In his/her presentation to the Council, the Mayor or his/her designee shall include a detailed list of how the funds will be applied. A simple majorityvote of the Council shall be required to approve the amount and use of funds. Fund Balance and Reserve Replenishment In the event of use of any of the stipulated Fund Balances or Reserves has occurred, the Mayor shall present to the City Council an annual Replenishment Plan within 60 days, as well as an element of each monthly interim financial report until the stipulated balances are restored. The monthly interim financial report shall clearly present the amount that any Fund Balance or Reserve accounts are belowthe levels stipulated bythis policy. The initial Replenishment Report must include the following information: 1) Amount of Reserves used; 2) Whether it is anticipated additional Reserves will be needed in the following budget cycle, and 3)A plan for replenishing the Reserve to policy mandated levels. Interfund Loan Policy Long Term Interfund Loans The City may issue interfund loans rather than outside debt instruments as a means of financing capital improvements. Interfund loans will be permitted only if an analysis of the affected accounting fund indicates excess funds (e.g. cash and investments) are available and the use of these funds will not impact the fund's anticipated operations. All long-term interfund borrowing will be subject to prior approval by the City Council and will bear interest based upon rates of the Local Government Investment Pool of the Washington State Treasurer's Office (the Pool). Upon consideration of a request to Council to authorize an interfund loan, the request shall include an estimate as to the anticipated length of the loan. Page 6 Packet Pg. 81 City of Edmonds — Financial Policy Framework 7.4.b The decision to use interfund loans rather than outside debt will be based on which is deemed to be the most cost effective approach to meet city capital needs. Such assessment shall include an assessment as to the ability of the lending fund to provide such resources without an impact on its operations and should be reviewed by the City's municipal advisor who shall provide an objective analysis and recommendation to the City Council prior to their consideration of such a loan. Short -Term Debt Policies Short-term debt is defined as a period of one year or less. The City may use short-term debt to cover temporary cash flow shortages, which may be caused by a delay in receipt of tax revenues or issuing long-term debt. The City will not use short-term debt as a substitute for revenues to finance current operations. All interfund short-term borrowing will be reported in the monthly financial reports of the City in accordance with the Interim Financial Reports Policy and will bear interest based upon prevailing rates of the Pool. Council reserves the right to reverse the use of short-term interfund loans at its discretion. Use of short-term, interfund borrowing for temporary cash flow shortages do not, in and of itself constitute a use of Fund Balances or Reserves under that policy. Budget Policy Purpose The purpose of the budget policy for the City of Edmonds is to establish a robust financial foundation that supports the continuation of essential municipal services while ensuring the social welfare and upkeep of the city's physical infrastructure. This policy aims to fortify the city's resilience against local and regional economic challenges, enabling it to adapt to evolving service demands and other community -related changes. By maintaining an outstanding credit rating, the city government aims to instill confidence in taxpayers regarding the fiscal health and stability of Edmonds. Furthermore, the budget policy seeks to address the needs of: • Current and future generations within the Edmonds community, • Those in our community who are less able to be proactively involved in shaping government policy while, • emphasizing a forward -looking approach to financial planning and resource allocation. This policy shall apply to all City funds. References • GFOA Best Practices Adopting Financial Policies • SAO Top 12 most important financial policies • MRSC Financial Policies Overview Page 7 Packet Pg. 82 7.4.b City of Edmonds — Financial Policy Framework Operating Budget Policy The operating budget serves as the cornerstone of the City of Edmonds' financial strategy, m embodying a comprehensive two-year plan that aligns with the city's priorities as approved by the 'o City Council to deliver essential services. Developed biennially, this budget framework a encapsulates the municipality's vision and commitment to meeting the needs of its residents. c� The budget policy helps to ensure transparency, efficiency, and effectiveness in fiscal management. U_ 1. The goals of the budget process are to: o Align the budget with adopted priorities of the City Council, o o Measure progress towards priorities, co o Get the best value for each tax dollar, and >, o Foster continuous learning in the City. 2. The operating budget should reflect sustainable levels of service. a. The city's operating budget will not use one-time resources for on -going operations without a clear source for future support of the operations. b. "One-time" expenses require specific authority to be carried forward into subsequent budgets (i.e. no automatic "roll-over" of appropriations). 3. Revenues and expenditures for the General Fund and all major operating funds shall be projected for the current biennium and the ensuing four years. a. Such projections shall be supported by documentation of assumptions used to develop the forecasts. b. Alternative forecasts may be presented. 4. The biennial operating budget should include any maintenance and operating costs associated with completed capital projects. S. The city will maintain its assets at a level that protects the City's capital investment and minimizes future maintenance and replacement costs. The city's asset profile shall be consistent with the Capital Facilities Plan element of the Comprehensive Plan. 6. The city will maintain an equipment replacement and maintenance needs analysis for the life cycle of the equipment and will update this projection every two years consistent with budget development. 7. All general government current operating expenditures will be paid from current revenues. a. Any inability to support operations from current revenues shall be specifically identified in the Mayor's proposed budget. 8. The city will avoid budgetary and accounting procedures which balance the current budget at the expense of future budgets. 9. The City of Edmonds defines a balanced budget as current biennium budgeted revenues (including fund balances) being equal to or greater than current biennium budgeted expenditures. 10. The City further defines a structurally balanced budget as recurring budgeted revenues (excluding fund balances) being equal to or greater than recurring budgeted expenditures. 11. All supplemental appropriation requests for programs following the adoption of the original budget will be considered based on need and the availability of a new funding source (e.g., unanticipated grant). All supplemental appropriations will conform to the same rigors as the budget process for the biennium. 12. Budget Calendar Page 8 Packet Pg. 83 City of Edmonds — Financial Policy Framework 7.4.b a. The Mayor will propose a biennial budget calendar by the first regular City Council business meeting in April in every even year. b. The calendar will be comprehensive in nature and generally provide for a process that resembles the Best Practices for municipal budgets as published by the Government Finance Officers Association. Long Range Financial Strategy The Council shall develop a forward -looking outline of policy preferences for City fiscal resiliency to be known as the "Long -Range Financial Strategy" (the Strategy). Such a strategy shall address policy guidance for revenues, operating expenditures and capital projects to be used by the Mayor in developing budget proposals and related actions to be considered for adoption by the City Council. Initially the strategy should be developed in anticipation of the 2025-26 biennium budget and Capital Improvement Program. The Strategy shall also be the basis for developing financial forecasts and any recommendations regarding significant revenue increases. Revenue Policy In our commitment to financial stability and resilience, the City of Edmonds adopts a proactive approach to revenue management. Central to this approach is the recognition of the inherent volatility associated with individual revenue streams. Thus, our revenue policy emphasizes the importance of maintaining a diversified revenue mix. By spreading risk across various sources of income, the city aims to mitigate the impact of short-term fluctuations in any single revenue stream. This strategic diversification not only safeguards against economic uncertainty but also ensures the sustained funding necessary to support vital municipal services and initiatives. 1. As permitted by state law, the city will strive to maintain a diversified revenue mix, encompassing elastic and inelastic revenues, to help manage the downside risks associated with economically sensitive revenue sources and to keep pace with expenditure growth. To pursue this policy goal, the City Council will consider revenue changes as part of its review of the City's Long Range Financial Strategy each biennium. 2. To minimize the impact of an economic downturn on service levels, conservative revenue estimates will be developed for economically sensitive revenue sources. For this purpose, conservative shall mean that actual revenues are more likely to be greater than the estimate rather than less. 3. The city will estimate its biennial revenues by an objective, analytical process using best practices as defined by the Government Finance Officers Association. Economic assumptions will be influenced by reliable and relevant sources such as the Washington State Economic and Revenue Forecast Council and the King County Office of Economic and Financial Analysis. 4. The city will project revenues for the next six years and will update this projection biennially. 5. The Finance Department will present to the City Council an analysis of each potential major revenue source as part of the biennial budget process. Page 9 U) m .2 0 a c� _ U_ U_ Q o: 0 Packet Pg. 84 7.4.b City of Edmonds — Financial Policy Framework 6. The City will refrain from making budgetary decisions (specifically allocating resources to be expended) outside of the biennial budget process or the formal budget amendment process. .0 2 o Budget amendments will provide a description of the overall impact of the proposed o amendment on the fund's ability to remain structurally balanced in the future. a 7. The City will establish all user charges after considering the full cost of providing the service and within policy parameters with regard to cost recovery goals established by the City Council. U_ 8. In each odd numbered year, the city will review user fees to adjust for the effects of inflation and other factors as appropriate. 0 Expenditure Policy The city's financial policy ensures strict adherence to all relevant regulations governing expenditure transactions while also prioritizing forward -looking forecasting methodologies. By evaluating projected expenditures, we aim to gauge our city's capacity to fulfill performance metrics and effectively address the evolving needs of our community, fostering transparency and fiscal responsibility. 1. The City's operating budget will not use one-time revenues to support ongoing expenditures. 2. The City will maintain expenditure categories according to state statute and administrative regulation. Capital expenditures shall meet the requirements of generally accepted accounting principles (GAAP). 3. The City will forecast its General Fund expenditures biennially for the next six years. The drivers and assumptions used in the forecast will be described. 4. A cost allocation plan will be maintained and updated as a part of each City budget. The cost allocation plan will be the basis for distribution of general government costs to other funds or capital projects (also known as indirect costs). Such plan will be incorporated into the City's budgeting process and subject to City Council review. Glossary Annual Comprehensive Financial Report (ACFR)- A set of financial statements for a state, municipality or other governmental entity that comply with the accounting requirements established by the Governmental Accounting Standards Board (GASB). It must be audited by an independent auditor using generally accepted government auditing standards. The ACFR consists of three sections: Introductory, Financial and Statistical. The Introductory section orients and guides the reader through the report. The Financial section presents the entity's basic financial statements as well as notes to the statements and the independent auditors' report. The Statistical section provides additional financial and statistical data, including data about financial trends that may better inform the reader about the government's activities. Balanced Budget - Fund balance plus budgeted revenues is equal to or greater than Page 10 Packet Pg. 85 City of Edmonds — Financial Policy Framework 7.4.b budgeted expenditures. Budget - A plan of financial operation containing an estimate of proposed expenditures for a given period and a proposed forecast of revenues (receipts) to cover them. A budget a is also a plan that outlines an organization's financial and operational goals and 20 strategies in monetary terms. _ Capital Expenditures are expenditures incurred when monies are spent eitherto buyfixed assets orto add to the value of an existing fixed asset with a useful life that extends beyond the fiscal year. In accounting, a capital expenditure is added to an asset account o ("capitalized"), thus increasing the asset's basis (the cost orvalue of an asset). The general co rule is that if the property acquired has a useful life longerthan the time stipulated by policy, the cost must be capitalized. The capital expenditure costs are then amortized or depreciated over the life of the asset in question in full accrual accounting systems. o Council - Means the legislative body (the city council) that governs the City of Edmonds Expenditure - The actual payment of cash or cash equivalent for goods delivered or services rendered, or a charge against available funds in settlement of an obligation as evidenced by an invoice, voucher or other such document during the fiscal year. For governmental reporting purposes, expenditures include expenses or a provision for debt retirement not reported as a liability of the fund from which retired. Fiscal Year - A 12 month period to which the annual or biennial operating budget applies and the end of which a governmental unitdetermines itsfinancial position andthe results of its operations. In Washington State, Citys use a January to December fiscal year. Regardless of whether annual or biennial budget is used, the Fund Balance Reserve and Contingency Fund Reserve are reviewed on an annual basis. Fund - A fund is a self -balancing set of accounts recording cash and other financial resources, together with all related liabilities and "residual" equity or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain planned objectives in accordance with special regulations, restrictions or limitations. Fund Balances -The overall objective of fund balance reporting isto isolate that portion of a fund balance that is unavailable to support the following period's budget (see GASB 54 definition below). In general, an unassigned fund balance shall be defined as those amounts that are not restricted, committed, or assigned, of a particular fund at the end of the fiscal year. GASB 54 - Fund Balance Reporting and Governmental Fund Type Definitions - The City of Edmonds's ACFR Financial Statements are required to comply with GASB 54 as stipulated by the Washington State Auditor's Office. GASB 54 identifies fund balance Page 11 Packet Pg. 86 City of Edmonds — Financial Policy Framework 7.4.b classifications that can be more consistently applied by clarifying existing governmental fund type definitions. Fund balance is the difference between the assets and liabilities reported in a fund. GASB statement No. 54 provides the following five categories for classifying fund balance and related definitions to be used for describing the components of fund balance: 1 2 3. 4. 5 Nonspendable Fund Balance Amounts that are not in a spendable form or are required to be maintained intact. Due to the nature or form of the resources, they generally cannot be expected to be converted into cash or a spendable form (e.g. Inventories and prepaid amounts). This also includes long-term loan and notes receivable and property held for resale. Applies as well to amounts that must be retained intact legally or contractually. Restricted Fund Balance - Amounts that can be spent only for the specific purposes stipulated. Constraints are placed on the use of resources by external parties (e.g. by creditors, grant providers, contributors) or by laws or regulations (e.g. constitution or legally enforceable language). Restrictions may be changed or lifted only with the consent of the resource provider. Committed Fund Balance - Amounts can only be used for the specific purposes determined by a formal action of City Council. Constraints on fund balance use are imposed by internal. formal action of the government's highest Level of decision -making authority (e.g. City Council) and can only be removed or changed by taking the same type of action it employed to commit those amounts through legislation, resolution, or ordinance (e.g. funds committed to satisfy contractual obligations). Action to constrain resources must occur prior to year-end; however the amount can be determined in the subsequent period. Assigned Fund Balance - Assigned fund balances include amounts that are limited by the Council, Mayor, or his/her designee, for its intended use, but little or no formal action is required to modify or eliminate those limitations. Assigned fund balances comprises amounts intended to be used for a specific purpose. Amounts reported as assigned should not result in a deficit in unassigned fund balance. Also relates to all governmental funds otherthan the General Fund, with any remaining positive amounts not classified as nonspendable, restricted or committed. Unassigned Fund Balance - Comprises the residual classification for the General Fund and includes all amounts not contained in the other classifications. Unassigned amounts are available for any purpose. This represents the residual amount of the fund balance that has not been restricted, committed, or assigned. General Fund - In public sector accounting, the General Fund is the primary operating fund for all revenues of the Citythat are not otherwise restricted as to their use, including monies from local property and sales tax, and other revenue sources that are not Page 12 m .2 0 a _ ii U_ Q o: 0 Packet Pg. 87 7.4.b City of Edmonds — Financial Policy Framework assigned for a specific purpose. The General Fund provides the resources necessary to pay/sustain the day-to-day activities for City services such as administration, community services, parks and recreation, police, fire, public works, elected officials, .2 Mayor, and City Council. a Government Accounting Standards Board (GASB) - GASB is the private, nonpartisan, _ nonprofit organization that works to create and improve the rules U.S. state and local governments follow when accounting for their finances and reporting them to the public. While the GASB does not have the power to enforce compliance with the standards it promulgates, the authority for its standards is recognized under the Rules o of Conduct of the AICPA. Also, legislation in many states requires compliance with co GASB standards, and governments usually are expected to prepare financial �. statements in accordance with those standards when they issue bonds or notes or otherwise borrow from public credit markets. In Washington, state law delegates this o L authority to the Washington State Auditor's Office who prescribes accounting and 4- reporting standards for cities. o Operating Budget - A detailed projection of all estimated income and expenses based on forecasted revenue during given period (usually one year). Revenue - The income of a government from all sources appropriated for the payment of the public expenses. It includes such items as tax payments, fees from specific services, receipts from other governments, fines, forfeitures, grants, shared revenues and interest income. Structurally Balanced Budget - Budgeted recurring revenues are greater than budgeted recurring expenditures in the biennium. Structural Budget Deficit or "Gap" - A budget deficit (Gap) that results from a fundamental imbalance whereby current year governmental expenditures exceed current year revenues without any consideration of carryover or prior year unspent revenue balances if they exist. A structural deficit remains across the operating fiscal cycle because the general level of government spending is too high for the prevailing revenue structure (e.g., taxes, fees and other sources). A fiscal Gap, is a structural budget deficit over an extended period of time and not only includes the structural deficit at a given point in time but also the difference between promised future government commitments, such as health and retirement spending, and future planned or anticipated tax and other revenues. Page 13 Packet Pg. 88 7.5 City Council Agenda Item Meeting Date: 07/23/2024 Outside Boards and Committee Reports Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History Outside Boards and Committee Reports will be submitted to the Received for Filing portion of the agenda for last meeting of the month. Staff Recommendation N/A Narrative The Council is asked to review the attached committee reports/minutes from the following organizations: Port of Edmonds Lake Ballinger McAleer Creek Watershed Forum Edmonds Public Facilities District Board Snohomish County Tomorrow SnoCom 911 Attachments: Commission Meeting Minutes 6-10-24 - Port Of Edmonds Lake Ballinger Forum Agenda 7-9-2024 (003) FINAL pfd-board-meeting-minutes-04-25-2024 pfd-board-special-meeting-minutes-05-21-2024 pfd-board-meeting-minutes-05-23-2024 SCT _05222024-2232 SNO911-Board-Agenda-20240718 (1) Packet Pg. 89 7.5.a PORT COMMISSION OF THE PORT OF EDMONDS MINUTES OF REGULAR MEETING June 10, 2024 COMMISSIONERS PRESENT Jay Grant, President David Preston, Vice President 0 Janelle Cass, Secretary Q. Steve Johnston a� E E STAFF PRESENT 0 t� Angela Harris, Executive Director Brandon Baker, Deputy Executive Director W 0 Tsz Yan Brady, Director of Finance and Administration m Brittany Williams, Manager of Properties and Economic Development 0 N O OTHERS PRESENT Jordan Stephens, Port Attorney John Brock, Town of Woodway Will Chen, City of Edmonds I. CALL TO ORDER President Grant called the meeting to order at 7:00 p.m. II. FLAG SALUTE All those in attendance participated in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA COMMISSIONER JOHNSTON MOVED TO APPROVE THE AGENDAAS SUBMITTED. COMMISSIONER CASS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. IV. PUBLIC COMMENTS (Each comment shall generally be limited to 3 minutes or less and shall be limited to Port business) • No public comments were provided. V. CONSENT AGENDA COMMISSIONER JOHNSTON MOVED THAT THE CONSENT Packet Pg. 90 7.5.a AGENDA BE APPROVED TO INCLUDE THE FOLLOWING ITEMS. COMMISSIONER CASS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. A. Approval of May 13 and May 28, 2024 Meeting Minutes B. Approval of Payments in the amount of $317,529.51 VI. POSSIBLE ACTION A. 2025 Budget and Comprehensive Scheme of Harbor Improvements Schedule COMMISSIONER JOHNSTON MOVED THAT THE COMMISSION ADOPT THE FOLLOWING ALTERNATE DATES RELATED TO THE PORT OF EDMONDS 2025 BUDGET, COMMISSIONER CASS SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. • PRELIMINARY BUDGET AVAILABLE TO THE PUBLIC BY THURSDAY, OCTOBER 10, 2024. • PUBLIC HEARING TUESDAY, NOVEMBER 12, 2024. • FINAL BUDGETADOPTED AND TAX LEVYAPPROVED TUESDAY, NOVEMBER 12, 2024. VII. CITY OF EDMONDS AND WOODWAY REPORTS • Councilmember Chen gave a brief update on the accessory dwelling unit code and South County Fire Annex review scheduled for the next City Council meeting. • Councilmember Brock provided an update from the Town of Woodway's last meeting regarding the topics of flood plains and short-term rentals. VIII. EXECUTIVE DIRECTOR'S REPORT Executive Director Harris provided the following updates: • Shared that staff is continuing to work through the draft of the Strategic Plan memo. The draft will cover the proposed sequencing of the commission approved Strategic Plan goals. When complete, the draft will be shared with the commission for feedback and alignment before staff creates the action plans for each goal. • Provided a brief update on the projects occurring at Harbor Square. IX. COMMISSIONER'S COMMENTS AND COMMITTEE REPORTS • Commissioner Preston —Attended and provided comments on the Packet Pg. 91 7.5.a City of Edmonds Watertront Comprehensive Planning meeting that occurred on June 4. Provided an update on meetings/events he is attending in the near term for the Edmonds Arts Festival, Edmonds Downtown Alliance, and the Edmonds Yacht Club. • Commissioner Cass — Discussed overall City Comprehensive Planning process. • Commissioner Johnston —Attended and provided comments on the 0 Waterfront Comprehensive Planning meeting that occurred on June a 4. m m • Commissioner Grant —Attended and provided comments on the r E E Waterfront Comprehensive Planning meeting that occurred on June 0 c� 4. Commented on a regional committee that he is on regarding co emergency management. The Port falls within the focus region, 0 therefore their work could impact the Port. He also recently met with m Xochitl Castaneda, Director in the NW for MARAD and provided a� N r comments from that meeting. 3 0 X. WORKSHOP A. Establishing Temporary Commission Committees • Commissioners discussed setting up committees. The commission generally decided that short term committees with focused goals may make sense. To start, these committees may focus on finance (2025 budget), economic development (City Comp Plan and Waterfront Property), and the environment (Unocal position and Emergency Management). Attorney Stephens will provide a motion for adoption of ad hoc committees for commission consideration at the next commission meeting. In the meantime, Commission President Grant will consider sending "homework assignments" to the commissioners. XI. EXECUTIVE SESSION There was no Executive Session. XII. ADJOURNMENT The Commission meeting was adjourned at 8:04 pm. Janelle Cass Port Commission Secretary TAGS: 2024 of Edmonds Commission Meeting Minutes, 7n7C Packet Pg. 92 7.5.a LVZJ UVUVC;L QI IV VV I I I N I G I IV I IJ IV G J1..I I U I I I VI IIQI VVI Improvements Schedule, Establishing Temporary Commission Committees Packet Pg. 93 7.5.b Iwo Boldl--IMcA e City of Edmonds • City of Lake Forest Park • City of Mountlake Terrace • City of Shoreline AGENDA LAKE BALLINGER/McALEER CREEK WATERSHED FORUM Tuesday, July 9, 2024 2:00 - 3:30 PM Location: Microsoft Teams Meeting ID: 277 426 420 013 Passcode: Rv73wz Welcome and Introductions (City of Edmonds) II. Topics a. Welcome Katie Phillips from LFP to the Forum. (Patrick/Katie) b. WSDOT I-5 Culvert Replacement Project Postponed (Laura/John/Zack) c. Moving LBF information to SharePoint and updates to Edmonds Website (Patrick) i. Additional Resources: 1. WDFW Lake Ballinger Site: https: //wdfw. wa. gov/fishing/locations/lowland-lakes/b allinger-lake 2. WDFW Echo Lake Site: httl2s:Hwdfw.wa.gov/fishing/locations/lowland- lakes/echo-lake-king 3. MLT Website: https://www.ciiyofmlt.com/446/Ballinger-Park 4. Lake Ballinger Wikipedia: htti2s://en.wikipedia.org/wiki/Lake Ballinger 5. City of Edmonds Water Level Monitor: https://www.edmondswa.gov/government/departments/public works an d utilities/stormwater utility system/lake ballinger water level d. Ballinger Park update/re-opening. (Laura) i. Drone Flyover (June 161h) htt12s://youtu.be/GT331u8yvhY I1I. Announcements & Updates a. Update on status of abandoned house on south end of lake (Patrick) b. McAleer Creek maintenance update (Laura) c. AquaTechnex vegetation mapping update (Laura) d. Echo Lake Cynobacteria Management Plan (John/Zack) e. Edmonds Boat Launch redone (Patrick) f. Lake Level going into Summer / Trout Derby (Ends. Oct. 31st) (Patrick) g. 1990's Lake Ballinger history (photos) (Patrick) IV. Public comment V. Determine agenda topics and host for next meeting a. MLT next b. Oct. 8th ? Packet Pg. 94 7.5.c Edmonds Public Facilities District Board of Directors Meeting April 25, 2024 The Edmonds Public Facilities District Board hybrid meeting convened at 7:30 a.m. in the Edmonds Center for the Arts Green Room, 410 4th Avenue North, Edmonds, and via Zoom. EPFD Board Members Present Ray Liaw, President Bill Willcock, Vice President Suzy Maloney David Brewster Wayne Grotheer ECA Board Members Present Norm Brown, Facilities & Operations Committee Chair Call to Order ECA Staff Present Kathy Liu, Executive Director Lori Meagher, Associate Executive Director Guests Chris Eck, City Council Liaison Board President Liaw called the meeting to order. • Attendance of those attending in -person for minutes. 2. Land Acknowledqement & Equity Statement Ms. Meagher read the Land Acknowledgement and Equity Statement. 3. Agenda Review and Approval BOARD MEMBER MALONEY MOVED TO APPROVE THE AGENDA. BOARD MEMBER GROTHEER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Board President's Comments Board President Liaw recognized April is Volunteer Appreciation Month and thanked board members and other ECA volunteers. She also recognized this is Administration Professionals Week and acknowledged the excellent work staff does every day. 5. Public Comment There were no public comments. 6. Consent Aqenda • EPFD Board Minutes o November 22, 2023 Special Meeting o March 19, 2024 Special Meeting o March 28, 2024 Edmonds Public Facilities District Board Draft Minutes April 25, 2024 Page 1 Packet Pg. 95 7.5.c EPFD Disbursement Report: March 2024 Board Designated Funds Policy BOARD MEMBER BREWSTER MOVED TO APPROVE THE CONSENT AGENDA. BOARD MEMBER MALONEY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Old Business • Prior Action Items Review Ms. Meagher reviewed progress on action items from the previous meeting and identified outstanding items (see Action Items below). • April Staff Report — Questions/Comments? Board Member Grotheer recognized Nicole Giordano, Director of Patron Experience, for including the first report on the Universal Access Task Force. 8. PFD Board Business Pets at the Workplace, Children at the Workplace, & Working with Minors Policies Ms. Meagher advised the updated policies, incorporating input from the PFD attorney and the insurance provider Enduris, were presented to the Admin & Finance Committee yesterday who recommended approval. Questions and discussion followed regarding the need for both policies, changes to the policies to more clearly define processes, minor changes in the wording of the Pets at the Workplace policy, the EPFD attorney's recommendation to create separate Working with Minors policies for volunteers (which will include board members), contractors, teaching artists, etc. BOARD MEMBER GROTHEER MOVED TO APPROVE CHILDREN AT THE WORKPLACE AND WORKING WITH MINORS AS ADDITIONS TO THE EMPLOYEE HANDBOOK. BOARD MEMBER BREWSTER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Board Member Grotheer's minor edits to the Pets at the Workplace policy will be incorporated and the policy scheduled for approval on next month's consent agenda. • Amendment to Employee Handbook — Paid Leave (Discretionary Vacation Closure Policy) Ms. Meagher explained this closure typically occurs 4th of July week to recognize ECA's busy season and giving staff an opportunity to rest and reset from the amount of hours worked due to the volume of events on the campus. As there is no formal policy in the handbook, this policy was drafted at the direction of the EPFD attorney's. The policy was presented to Admin & Finance yesterday with a request for input and presentation and approval of a final draft next month. The policy would give executive leadership the ability, typically during 4th of July week, to close the ECA for business that week and pay employees. Edmonds Public Facilities District Board Draft Minutes April 25, 2024 Page 2 Packet Pg. 96 7.5.c Ms. Liu advised the policy would formalize the practice that has occurred for the past few years. The policy describes the public benefit of providing staff this reprieve. As this is considered a benefit, it needs to be incorporated into the handbook as a policy. 9. PFD Board Member Reports Board President Liaw reported the Hosting Committee discussed the Mclalwain Access Fund; as the funds are raised through the nonprofit and are intended to benefit the community, the fund will be owned and administered by the ECA nonprofit board. A resolution will be drafted to acknowledge the EPFD receives funds from the Mclalwain Access fund. She reported Hosting is also developing a rental rate policy that will be presented to the EPFD Board later this summer. • Music Building Presentation ECA Board Member and Facilities & Operations Committee Chair Norm Brown, explained three months ago, discussions began about what to do with the Music Building following water damage. A taskforce was formed with members of the Facilities & Operations Committee and staff. The building is used for storage, approximately 2,000 square feet is used by ECA, and 300 square feet is leased to CCF. The report assumed the building would remain for 10 years. Options considered included: y Option 1 — Keep Music Building for storage and make necessary repairs Option 2 — Demolish Music Building and replace with temporary portable building ➢ Option 3 — Demolish Music Building and replace with shipping containers ECA Board Member Brown continued, the taskforce and the financial analysis determined Option 1 made the most sense. The Music Building is 70 years old; the roof is original roof and has been patched several times. The taskforce assumed with some care it could last another 10 years. The most susceptible part of the roof is where it previously leaked, the flat portion. The upper, sloped portion is in better condition. Replacement of the lower portion is estimated to cost $40,000. Board Member Grotheer commented on the diversity of perspectives from taskforce members and the process that lead to their conclusion. Ms. Liu thanked the taskforce (Norm Brown, Wayne Grotheer, Bob Gregg, Rick Canning, Corbitt Loch, and staff Sandra Nestorovic and John Dougall). Questions and discussion followed regarding Option 1 making the most sense financially, risk of Option 1 is the roof not lasting 10 years, taking a more proactive approach to maintaining the roof, estimated costs 2024-2026, roofing company's recommendation to seal the perimeter of lower and upper roof, decommissioning the plumbing and installing louvers in some existing windows to allow the building to breathe, whether the cost includes future demolition, only using the building for storage, risk of damage to CCF's storage, moving CCF storage to the southern part of the building, CCF's access to their storage, liability for items in the storage area leased by CCF, water damage covered by insurance less the deductible, clarifying the scope of coverage under the insurance policy, and funding source for the repairs. Board members expressed support for proceeding with Option 1. The Board asked staff to clarify the scope of coverage under the Enduris insurance policy. 9. PFD Board Member Reports (Continued) Board Member Maloney reported the Philanthropy Committee discussed Center Stage and the Gala. The Gala is shifting from the historical auction to a performance. She was impressed with the breadth of the Philanthropy Committee and staff's efforts. Staff is also working on planned Edmonds Public Facilities District Board Draft Minutes April 25, 2024 Page 3 Packet Pg. 97 7.5.c giving, sponsorships, board giving and the spring appeal. Staff leadership is seeking a part-time, in-house grant writer. Board VP Willcock relayed the Philanthropy Committee also discussed the results of Fashion Show. Ms. Stagno provided an update on planned giving and board giving, work being done with regard to key patrons, opportunities for developing an annual report, lobby recognition, etc. Mr. Gibbs talked about the spring appeal and Ms. Liu provided an overview of development and resource planning and an update on Center Stage and the Gala. Board VP Willcock reported at the Admin & Finance Committee, in addition to financials, Ms. Liu provided updates on capacity planning work, the strategic plan and RFP, and development team goals. Ms. Meagher gave an update on the Board Designation Fund resolution and Ms. Liu provided an update regarding the new Gala format. Board Member Brewster reported the Creative District Advisory Committee's April meeting was canceled. The Education and Community Outreach Committee meeting included mission moments, almost all the comments were about the Pamyua workshop and performance, how vital that was to ECA's mission, and the value of diverse programming. This was their first Washington State performance after performing all over world for 30 years. Board Member Brewster relayed the Education and Community Outreach Committee also reviewed the deck presented to the ECA Board which he suggested be shared with the EPFD Board. They are doing incredible work, reaching almost 6,000 intergenerational learners during the last season, from kids summer camps to the dementia inclusive workshops to student matinees and performers visiting schools, 15% above last season. Ms. Liu suggested inviting Ms. Ortega -Chance to provide a report to the EPFD Board next month. Board Member Grotheer reported the two high priority projects from the Universal Access Taskforce, the ADA doors to the lobby and the CO2 sensor, have been procured. Repairs to the boiler may be required. The IDEA Committee developed a draft equity audit RFP and is working on a self -assessment. The Universal Access Taskforce is meeting today and is welcoming its first community member, Dean Olson, who represents the deaf and hard of hearing community. The taskforce is working on a draft charter for review at next month's meeting and monthly reporting to staff and the IDEA and Facilities & Operations Committees. Board President Liaw reported Mithun will provide their report at a special EPFD Board meeting in May. The Steering Committee reviewed the ILA between the ECA and PFD Board and is considering how committees exist relative to the boards. 10. Associate Executive Director Update • Finance Update o 1st Quarter Draft Financials Ms. Meagher relayed the packet includes the 1st quarter draft financials which were shared with Admin & Finance yesterday. She commented on the loss of revenue due to the canceled event earlier this year; the PFD attorney is developing a protection clause to include in the contract. She highlighted contributed revenue and operating grants. Ms. Liu relayed the development team is doing a budgeting exercise to develop a more realistic projection and will provide a formal reforecast in July. Edmonds Public Facilities District Board Draft Minutes April 25, 2024 Page 4 Packet Pg. 98 7.5.c Ms. Meagher reviewed operating expenses, highlighting advertising and marketing, payroll and benefits, facilities, maintenance and utilities, and total surplus (loss). She also reviewed non - operating revenues and expenses and balance sheet key balances, highlighting operating cash, accounts receivable, accounts payable, and cash flow by month. Discussion followed regarding conferring with the EPFD attorney regarding any questionable contract provisions, contract negotiations, and what is meant by a spending hold. • Human Resources Update Ms. Meagher advised the packet includes a revised org chart that includes staff names and separates out the Emeritus ECA, and EPFD boards. Staff is interviewing for the grant writer and box office associate positions, working to fill gaps in the production team and building a robust over -hire list for backup, front of house event manager position has been filled, and the development manager is on medical leave. • Facilities Update Ms. Meagher relayed the ECA Envelope and Seismic Study Cost Estimate was included in the packet. Board President Liaw advised the presentation will conclude the initial phase of work in the contract with Mithun. 11. Executive Director Update • Development Update — Center Stage/GALA Ms. Liu reported logistics for Center Stage are well underway. She reported on RSVPs and staff's efforts to follow up with VIPs. She encouraged board members to invite friends and neighbors to attend. Ms. Liu reported the Philanthropy Committee approved a change to the Gala format in 2024 to lean into the ECA's identity as a performing arts center, open some potential additional fundraising capacity and audience markets, and eliminate double dipping of auctions. This format eliminates Raise the Paddle and most of the auction in favor of a starry, one-night only performance with a donation incorporated into the ticket price, a model used by many other nonprofits including arts organizations in the Pacific NW. There will still be 2-3 of the traditional auction items for fun and additional revenue. Staff is working on the ticketing model; per capita spend at the 2023 Gala was about $700/person so the ticket price is anticipated to be similar. A lot of messaging will be done in the community about why the ECA is moving to this model. Discussion followed regarding the performer, food at the performance, and the date (October 18). Ms. Liu reported the spring appeal has been launched including GiveBig messaging; the spring appeal letter will be sent out this week and she anticipated social media and e-marketing to support that effort through June. Staff has been working on planned giving, revisiting soft pledges and converting them to hard pledges, finalizing a planned gift that will turn into an endowment gift, getting close to signing a season sponsor, and continuing to look at tech resources for development. She will be assuming more development responsibilities during Katherine Smith's medical leave. Education & Community Engagement Update Edmonds Public Facilities District Board Draft Minutes April 25, 2024 Page 5 Packet Pg. 99 7.5.c Ms. Liu reported on the two fantastic student matinees yesterday preceded by a school workshop. Education and Community Engagement will exceed 6,000 served by yearend, 78% at free or low cost events. Education is winding down its 23/24 season, there is one more dementia inclusive program and one more student matinee. The team is focused on the three Dungeon and Dragons summer camps and the June 4 Educator Preview. • Programming/Revenue Update Ms. Liu reported the 23/24 season is winding down with 3 shows remaining. She reviewed the Ticket Sales report. The 24/25 season will be announced at Center Stage; 17 shows planned in fall 2024. Discussion followed regarding the industry -wide trend of people purchasing tickets last minute, marketing single ticket sales, public ticket sale beginning late May/early June, and purchasing ticket via the website. • Strategic Planning Update Ms. Liu advised an outline was reviewed by the Steering Committee and staff will be moving forward with the RFP for a strategic plan consultant. The Steering Committee plans to define a process for mission reaffirmation with input from boards and community partners. 12. New Business Mr. Grotheer thanked Ms. Giordano and Ms. Liu for emphasizing Volunteer Appreciation Month to staff and volunteers as well as during curtain speeches. 13. Adjourn The meeting was adjourned at 8:58 a.m. Next EPFD Board Meeting: May 23, 2024 ACTION ITEMS: 1. Following Mithun presentation, create list of short and long term capital projects organized by dollar amount that identifies priorities for 2024 and 2025 2. Add board member assignments to external committees to committee list and distribute list 3. Consider liability for items in storage area leased by CCF in Music Building 4. Staff clarify the scope of coverage under Enduris insurance policy 5. May EPFD Board Meeting agenda items a. GASB 96 policy b. Pets in the Workplace Policy on Consent Agenda with minor changes suggested by Board Member Grotheer c. Senior Staff Update by Diana Ortega -Chance regarding Education & Community Engagement Edmonds Public Facilities District Board Draft Minutes April 25, 2024 Page 6 Packet Pg. 100 7.5.d Edmonds Public Facilities District Board of Directors Special Meeting May 21, 2024 The Edmonds Public Facilities District Board hybrid meeting convened at 2 p.m. in the Edmonds Center for the Arts Center Classroom, 410 4th Avenue North, Edmonds, and via Zoom. EPFD Board Members Present Ray Liaw, President Bill Willcock, Vice President David Brewster Wayne Grotheer EPFD Board Members Absent Suzy Maloney ECA Board Members Present Lindsay Geyer, President David Schaefer, Immed. Past President Matt Cox, Vice President Rick Canning, Secretary/Treasurer Laura Ellis Jeanne Thorsen Corbitt Loch Norm Brown Tanya Sharp Jeff Lewis Courtney Wooten Emeritus Board Members Present Sally Ralston Steve Shelton John McGibbon Allan Lawrence Call to Order ECA Staff Present Kathy Liu, Executive Director Lori Meagher, Associate Executive Director Sandra Nestorovic, Operations Manager John Dougall, Maintenance Coordinator Kramer Kales, Tech Lead Beck Cote, Rental Events & Logistics Coord. Gracelynn Shibayama, Events Planner and Stewardship Asst. Mgr. Amy Stago, Director of Major Gifts Brent Gibbs, Development Assistant Liz Dawson, Director of Programming & Comm. Nick Williamson, Education & Outreach Coord. Lexie Marsters , Executive Assistant Guests Walt Schact, Mithun Jamie Elderkin, Mithun Evan Bourquard, Mithun Todd Tatum, City of Edmonds Lindsey Echelbarger, Cascadia Art Museum Frances Chapin, City of Edmonds Mark Everson , Abbott Construction Scott Chelgren, Facilities and Operations Comm Brian Boone, CCF Bob Gregg, Facilities and Operations Comm. Doug Larson James Eldred, CCF Marc D Stevan Johnson Board President Liaw called the special meeting to order. 2. Land Acknowledgement & Equity Statement Board President Liaw read the Land Acknowledgement & Equity Statement. 3. PFD Board Business • Seismic/Envelop Study Presentation Edmonds Public Facilities District Board Draft Minutes May 21, 2024 Page 1 Packet Pg. 101 7.5.d Ms. Liu introduced herself, key ECA staff, EPFD Board Member Wayne Grotheer, and ECA Board Member & Facilities & Operations Committee Chair Norm Brown. Jamie Elderkin, Evan Bourquard, and Walt Schact, Mithun, introduced themselves. Board President Liaw reviewed: ECA Campus History o Building history pre-ECA o 2005-2006 renovation to become ECA o ECA + Partner? 0 2019-2022 discussions with the Boys and Girls Club of Snohomish County o Mithun conceptual master plan (first phase paid for by B&GC). Paused to complete the building envelope condition assessment Mr. Brown reviewed: Building Issues o Building envelope deficiencies recently noted o Potential seismic vulnerabilities o Engage professional services to perform focused assessments Focus of the Building Envelop and Seismic Study o Assess condition/deficiencies of exterior walls and recommend corrective action o Assess structural vulnerability of the building(s) in event of significant earthquake o Determine historic significance of building for regulatory opportunities and constraints for construction o Determine actual energy performance for ECA building and compare to the performance of existing buildings defined in the state Clean Building Act o Develop cost models to compare refurbishment or demolish/rebuild of the 1921 Building Provide construction scheduling options Mr. Bourquard provided an introduction to the ECA Building Envelope & Seismic Study. Ms. Elderkin reviewed: Methodology o Process ■ Project Goal: Understand envelope conditions, seismic vulnerabilities, and historical status of the ECA Auditorium, Gym, and 192 Back -of -House buildings and establish a baseline scope of work to address deficiencies. ■ Discovery - Researched existing documentation - Participated in site walk-throughs & prepared a diagrammatic 3D Revit model - Completed a code and historical analysis - Performed tests on the facility to gather information about its conditions ■ Alternatives Analysis - Developed and assessed renewal options and budget - Assessed Clean Building Act compliance - Proposed building improvement options ■ Documentation - Producing a report including preliminary budgets for proposed actions First Floor Testing locations Edmonds Public Facilities District Board Draft Minutes May 21, 2024 Page 2 Packet Pg. 102 7.5.d Hollow Clay Tile Found (2) 4" cores near base of wall Remove spolled concrete Water testing • Second Floor Testing locations Masonry Testing Location 44 opening at interior side of exterior wall • Findings o Development Chronology ■ 1921 Back -of House (School) Building ■ 1939 Gymnasium & Auditorium ■ 1954 Music Building (not included in study) ■ 2006 Addition • Initial Key Findings Edmonds Public Facilities District Board Draft Minutes May 21, 2024 Page 3 Packet Pg. 103 7.5.d o Structure ■ Auditorium meets collapse prevention per 2005 requirements ■ Fly loft roof exposed wood framing is deteriorated ■ Gym requires connecting roof structure to walls and improving diaphragm to meet 20023 collapse prevention requirements ■ 1921 Back -of -House Building has URM and HCT walls; substantial structural intervention required to meet collapse prevention requirements o Envelope ■ Concrete has sporadic cracks and spalls ■ Paint is not holding well at masonry; cracking and leaking present ■ Windows - condensation, thermal comfort, energy loss, and frame deterioration concerns ■ Older roofs are beyond service life; skylights causing heat loss ■ Prior leaks have occurred in below grade spaces o Historical Preservation ■ Not a landmark building - no restrictions ■ 1939 Art Deco fagade is character -defining element worth preserving Auditorium o Minimum recommended scope ■ Targeted concrete repair/patching ■ Elastomeric anti -carbonation concrete coating ■ Fly tower repair ■ Roofing replacement at areas beyond useful life o Additional recommended scop ■ Replace windows ■ Soil drainage landscape improvements ■ Auditorium meets collapse prevention per 2005 requirements - no seismic scope recommendations Gymnasium o Minimum recommended scope ■ Targeted concrete repair ■ Elastomeric anti -carbonation concrete coating ■ Tie wall to roof ■ Improve diaphragm - add '/2" plywood overlay/reroof o Additional recommended scope ■ Replace windows ■ Landscape improvements to improve soil drainage 1921 Back -of -House Building o Renovation Option Recommendations ■ Phase 1: Roof -level structural & envelope interventions (voluntary) ■ Phase 2: Second floor level interventions - wall anchorage (voluntary) ■ Phase 3: Remaining comprehensive building renovation (full existing building code compliance Replacement Option Recommendations o Replacement will provide the highest level of safety, functionality and longevity of the building o Base Scope ■ Demolish 1921 Back -of -House Building ■ Replace in kind: two story, - 13,600 GSF structure at its current floor level ■ Does not include additional modifications to existing walls or stairs within the auditorium or gym o Value Add Edmonds Public Facilities District Board Draft Minutes May 21, 2024 Page 4 Packet Pg. 104 7.5.d Align floor level of replacement building with the existing stage level Additional budget for earthwork/excavation, re -building stairs, adding lift for accessible access to gym Mr. Bourquard reviewed Target Budgets Target Budget Assumptions o All budget figures are in February 2024 dollars o Additional cost will accrue due to escalation, driving by project schedule o Construction cost includes seismic and envelope repairs only, no program improvements/interior renovations o Project budgets include figure for sales tax, consultant services, furniture & equipment, project management, contingency, etc. o Budgets do not include detailed consideration of operational impacts/disruption Auditorium Target Budget BASE STRUCTURAL & ENVELOPE SCOPE SCAFFOLDING $312,700 DEMOLITION $27,100 STRUCTURAL WOOD FRAMING $157,800 EXTERIOR WALL CONSTRUCTION $451,500 EXTERIOR WINDOWS $20,600 ROOFING $93,100 CONTINGENCY $212,600 MARKUPS $89,300 GENERAL CONDITIONS $220,000 CONSTRUCTION BUDGET $1,585,000 PROJECT BUDGET $3,000,000 ADDITIONAL RECOMMENDED ENVELOPE SCOPE WINDOW REPLACEMENT $223,700 LANDSCAPE DRAINAGE IMPROVEMENTS $37,400 ADD. SCOPE CONSTRUCTION BUDGET $261,100 ADDITIONAL SCOPE PROJECT BUDGET $600,000 • Gymnasium Target Budget BASE STRUCTURAL & ENVELOPE SCOPE SCAFFOLDING , , .Jo DEMOLITION $111,300 STRUCTURAL STEEL / WOOD $46,200 EXTERIOR WALL CONSTRUCTION S401,100 EXTERIOR WINDOWS $25.600 ROOFING $313.200 CONTINGENCY $221,700 MARKUPS $93,100 GENERAL CONDITIONS CONSTRUCTION BUDGET $1,590,000 PROJECT BUDGET $3,000,000 ADDITIONAL RECOMMENDED ENVELOPE SCOPI WINDOW REPLACEMENT LANDSCAPE DRAINAGE IMPROVEMENTS ADD. SCOPE CONSTRUCTION BUDGET $298,400 ADDITIONAL SCOPE PROJECT BUDGET $700,000 • 1921 Back -of -House Building Renovation Edmonds Public Facilities District Board Draft Minutes May 21, 2024 Page 5 BASE + RECOMMENDED STRUCTURAL & ENVELOPE SCOPE STRUCTURAL & ENVEL. PROJECT BUDGET $3,600,000 BASE + RECOMMENDED STRUCTURAL & ENVELOPE SCOPE STRUCTURAL & ENVEL. PROJECT BUDGET 1 $3,700,000 Packet Pg. 105 PHASE 1: ROOF MOBILIZATION $2,500 DEMOLITION & ABATEMENT $74,700 SCAFFOLDING $132,000 STRUCTURAL STEEL / WOOD $86,100 EXTERIOR WALL CONSTRUCTION $15,000 ROOF $257,800 CONTINGENCY $113,600 MARKUPS $47,800 GENERAL CONDITIONS CONSTRUCTION BUDGET $849,500 PROJECT BUDGET 1 $1,700,000 PHASE 3: REMAINING COMPREHENSIVE RENOVATION FOUNDATIONS 5 9,900 SUPERSTRUCTURE $447,100 EXTERIOR ENCLOSURE $583,600 INTERIOR CONSTRUCTION >362,600 INTERIOR FINISHES $656,400 PLUMBING $333,800 HVAC >882,000 FIRE PROTECTION $81,300 ELECTRICAL $874,500 EQUIPMENT $30,000 CASEWORK & FURNISHINGS $126,300 SPECIAL CONSTRUCTION S161,300 SELECTIVE DEMOLITION $413,100 SITE $35,000 CONTINGENCY $978,300 MARKUPS S41f? 0(10 GENERAL CONDITIONS CONSTRUCTION BUDGET* $7,255,900 PROJECT BUDGET* $14,700,000 • 1921 Back -of -House Building Replacement PHASE 2: LEVEL 2 MOBILIZATION $2,500 DEMOLITION & ABATEMENT $107,100 STRUCTURAL STEEL / WOOD $31,400 CONTINGENCY $28,200 MARKUPS $11,900 GENERAL CONDITIONS ADD. SCOPE CONSTRUCTION BUDGET $241,100 ADDITIONAL SCOPE PROJECT BUDGET 1 $600,000 TOTAL COST OF ALL PHASES PHASE 1 - ROOF LEVEL INTERVENTIONS PHASE 2 - LEVEL 2 INTERVENTIONS PHASE 3 - REMAINING RENOVATION SCOPE* PROJECT BUDGET* 1 $17,000,000 *In a comprehensive renovation, program / interior renovation improvements become embedded in project BASE SCOPE VALUE ADD: ALIGN FIRST FLOOR WITH EXISTING STAGE FOUNDATIONS ;:.40,500 FIRST FLOOR ALIGNMENT SUPERSTRUCTURE $997,600 CONSTRUCTION BUDGET OF VALUE ADD $713,700 EXTERIOR ENCLOSURE $629,600 ROOFING 5236,900 PROJECT BUDGET OF VALUE ADD $1,100,000 INTERIOR CONSTRUCTION $593,200 INTERIOR FINISHES $643,500 TOTAL REPLACEMENT W/ VALUE ADD CONVEYING SYSTEMS $130,000 ITOTAL PROJECT BUDGET* $20,200,000 PLUMBING $333,800 HVAC $882,000 FIRE PROTECTION $81,300 *In a building replacement, program improvements become ELECTRICAL $874,500 embedded in project EQUIPMENT $25,000 CASEWORK & FURNISHINGS $130,800 SPECIAL CONSTRUCTION $141,800 SITE (INCL. BUILDING DEMO) $677,200 CONTINGENCY $1,383,500 MARKUPS GENERAL CONDITIONS $9,800,000 CONSTRUCTION BUDGET* PROJECT BUDGET* 1 $19,200,000 • Schedule o Concept Schedule Example Edmonds Public Facilities District Board Draft Minutes May 21, 2024 Page 6 Packet Pg. 106 7.5.d MULTIPLE PHASES Biennium Biennium Biennium Biennium Biennium PLANNING / PREPARATION GYM UPGRADES AUDITORIUM UPGRADES 1921 BLDG RENO P1 1921 BLDG RENO P2 1921 BLDG RENO P3 OR 1921 BLDG REPLACEM NT SINGLE PHASE Biennium Biennium PLANNING / PREPARATION GYM UPGRADES AUDITORIUM UPG ES 1921 BLDG RENOVATI N OR REPLACEMEN Mr. Schact highlighted technical support on the team including by Swenson Say Faget, structural engineering; 4EA, envelope and clean energy consultant; Building Works, historic preservation consultant; and Roen Associates, cost estimating. He reviewed risks and opportunities • Risks 0 1921 Back -of -House Building and 1939 Gymnasium do not meet current collapse prevention requirements o Envelope conditions will continue to deteriorate and may require more extensive/intensive repairs if left unaddressed • Opportunities o Maximize the value of capital projects by understanding their relationship to ECA's vision, mission, and strategic plan Ms. Liu and Board President Liaw reviewed considerations and next steps: • Study gives us "State of the Campus", technical considerations, and opportunities for the future • NEXT: o Master Planning ■ Match external facilities to internal activities and strategic mission/vision ■ Developing 5-year Strategic Plan (2025) in parallel with a building/campus plan ■ Extend Mithun's scope to consider programmatic and structural options for replacement of 1921 building and other structures ■ Consider City entitlement process o Partnerships ■ Resume potential partnership discussions ■ Current funding for design phase with Boys & Girls Club (state capital grant) ■ Other potential partnership opportunities in our community EPFD Board Member Grotheer, Ms. Nestorovic Ms. Meagher and Ms. Liu reviewed: Edmonds Public Facilities District Board Draft Minutes May 21, 2024 Page 7 Packet Pg. 107 7.5.d o Operational Impacts of Construction ■ Phasing Options ■ Operational limitations; impact on programs and clients ■ Revenue, expense, and staffing implications o Financial Strategy ■ Combining Mithun recommendations with known existing capital deficiencies and additional capital needs within the building + previously budgeted improvement (e.g., accessibility initiatives) ■ Cost Reassessment (project scope, timing, and inflation) ■ Project sequencing/cashflow ■ Bonding Capacity (through 2041 and beyond via legislative extension) ■ Fundraising/Capital Campaign • Questions and Answer Session The team responded to questions regarding whether the report will be available online, whether upgrades to the auditorium could occur without disrupting the schedule, whether inspection of the gymnasium roof included assessment of the structure under the roof, the strategic plan, similar projects Mithun has done, Boys & Girls Club's interest in the ECA building and their time constraints, whether a B&GC teen center would be housed on the ECA campus, scope of renovation of 1921 building, assumptions for the interior with renovation of the back -of -house building, whether lowering the floor of the back -of -house building would allow three stories, why the Music Building was not included in the study, and suggestions for maintenance. EPFD Board Members relayed their appreciation to the individuals and teams involved in the study. 4. Adjourn The meeting was adjourned at 3:20 p.m. Next EPFD Board Meeting: Thursday, May 23, 2024 - 7:30 AM Edmonds Public Facilities District Board Draft Minutes May 21, 2024 Page 8 Packet Pg. 108 7.5.e Edmonds Public Facilities District Board of Directors Meeting May 23, 2024 The Edmonds Public Facilities District Board hybrid meeting convened at 7:30 a.m. in the Edmonds Center for the Arts Green Room, 410 4th Avenue North, Edmonds, and via Zoom. EPFD Board Members Present ECA Staff Present Ray Liaw, President Kathy Liu, Executive Director Bill Willcock, Vice President Lori Meagher, Associate Executive Director Suzy Maloney David Brewster Guests Wayne Grotheer Chris Eck, City Council Liaison Evan Chinn, Summit Law Group ECA Board Members Present David Schaefer, Immed. Past President 1. Call to Order Board President Liaw called the meeting to order. • Attendance of those attending in -person for minutes. 2. Land Acknowledgement & Equity Statement Board Member Grotheer read the Land Acknowledgement & Equity Statement. 3. Agenda Review and Approval BOARD MEMBER GROTHEER MOVED TO AMEND THE CONSENT AGENDA TO REMOVE WORKING WITH MINORS POLICIES AND REPLACE THE PETS AT THE WORKPLACE POLICY WITH THE VERSION RECEIVED LAST NIGHT. BOARD MEMBER BREWSTER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BOARD MEMBER GROTHEER MOVED TO APPROVE THE AGENDA AS AMENDED. BOARD MEMBER MALONEY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Board President's Comments Board President Liaw had no comments. 5. Public Comment There were no public comments. 6. Consent Aqenda • Disbursement Report: April 2024 • Pets at the Workplace (as amended) Edmonds Public Facilities District Board Draft Minutes May 23, 2024 Page 1 Packet Pg. 109 7.5.e BOARD MEMBER MALONEY MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED. BOARD MEMBER BREWSTER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Old Business • Prior Action Items Review Ms. Meagher reviewed progress on action items from the previous meeting and identified outstanding items (see Action Items below). • May Staff Report — Questions/Comments? Questions and discussion included the estimated cost and timing of IT network improvements, transition in the talent buyer role, recognition of work being done related to diversity and universal access. 8. PFD Board Business • LEAD Conference Attendance by W. Grotheer Board Member Grotheer reported in their role in universal access, Ms. Giordano and he were informed of a Leadership Exchange in Arts and Disability (LEAD) conference put on by the Kennedy Center in Seattle oriented toward staff of non-profit, a unique learning opportunity at a cost of $395. Ms. Giordano plans to attend and as a member of the IDEA committee and the Universal Access Taskforce, he would also like to attend. Discussion followed regarding Board Member Grotheer attending as a representative of the EPFD Board and an endorsement from the board improving the chances he would be able to attend the conference, the EPFD creating a policy regarding board members attending conferences, and developing a framework for funding conference fees from ECA funds. BOARD MEMBER MALONEY MOVED TO DESIGNATE BOARD MEMBER GROTHEER AS THE EPFD BOARD DESIGNEE TO ATTEND THE LEAD CONFERENCE AND FOR THE ORGANIZATION TO PAY THE $395 FEE. BOARD MEMBER BREWSTER SECONDED. Discussion continued regarding developing a policy regarding conference attendance and including in the policy authorization for the designated representative to attend reoccurring conferences (instead of requiring annual approval). MOTION CARRIED UNANIMOUSLY. Discussion continued regarding considering policies, practices and procedures for the board instead of having a policy for everything. • Recommendation of D. Brewster for Second Term Board President Liaw explained when the EPFD updated its charter, instead of requiring a recommendation from a community organization, the council allowed the EPFD Board to provide a recommendation. Edmonds Public Facilities District Board Draft Minutes May 23, 2024 Page 2 Packet Pg. 110 7.5.e BOARD MEMBER MALONEY MOVED TO RECOMMEND DAVID BREWSTER FOR A SECOND TERM ON THE PFD BOARD. BOARD MEMBER GROTHEER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Ms. Meagher advised the letter has been drafted; with approval by the EPFD Board, it will be sent to the city for approval by the council. Board Member Brewster asked about the EPFD's contact at the city. Ms. Meagher advised it is Deputy Administrative Services Director Kim Dunscombe. • Amendment to Employee Handbook: Paid Leave Board President Liaw relayed the Admin & Finance Committee had a robust discussion regarding the handbook at their meeting yesterday. Ms. Meagher advised a clean, revised copy was included in the packet. Discussion at Admin & Finance included budget, describing the benefit to the public in the policy, and next steps before the policy can be enacted. Board President Liaw explained the past two years, the facility has been closed over the 4th of July holiday to staff a break, but it became apparent that needed to be documented in the employee handbook as a benefit to the employees. A policy was developed with the assistance of legal counsel which allows management the discretion to make a decision to close up to four days around a holiday based on workloads and timing. Admin & Finance questioned whether the public benefits were adequately reflected in the policy and the committee was not comfortable recommending approval of the policy as written. Admin & Finance recommended the EPFD Board direct staff to finalize a policy as the next EPFD meeting is only a few days before the potential closure. BOARD MEMBER BREWSTER MOVED THAT THE PFD DIRECT STAFF TO FINALIZE LANGUAGE FOR A POLICY THAT GIVES MANAGEMENT THE OPPORTUNITY TO DECIDE TO CLOSE THE ORGANIZATION FOR UP TO FOUR DAYS IN A WEEK AND GIVE THAT TIME TO STAFF AS A VACATION BENEFIT. BOARD MEMBER GROTHEER SECONDED THE MOTION. Questions and discussion followed regarding the benefit of giving staff a breather during a busy work year, emergency closures of the facility, opportunity for a majority of ECA staff to work remotely during an emergency which is reflected in the handbook, the motion allowing management to communicate the closure to staff and the PFD board approving the amendment to the employee handbook at the June EPFD Board meeting, and preference to call this discretionary leave instead of paid leave. MOTION CARRIED UNANIMOUSLY. 9. PFD Board Member Resorts Board Member Maloney reported on the Philanthropy Committee: GiveBig raised $6,600 from different people than have donated in the past, the spring campaign raised more than $10,000 (includes GiveBig donations), a new $7500 grant was received, staff is interviewing for a new contract grant writer, and a more realistic number may be proposed for the contribution budget. Board Member Grotheer reported the Facility & Operations Committee is considering repairs/replacement of one of the two boilers. Regarding the Universal Access Taskforce, the CO2 sensors are installed and the ADA doors are pending electrical work. The committee is developing a charter, considering sound system improvements, and what needs to be done the Edmonds Public Facilities District Board Draft Minutes May 23, 2024 Page 3 Packet Pg. 111 7.5.e rest of this year, the budget for next year, and how to move forward without solving all the problems at one time. The IDEA Committee has not met since the PFD's last meeting. Board Member Brewster reported the Education & Outreach Committee is focused on the Educator Preview. He encouraged board members to read Ms. Ortega-Chance's inspiring account in the staff report. He provided a brief summary on the results of the seismic/envelope study to the Edmonds Creative District Advisory Committee. A Cascade Symphony representative asked how they could be involved in future discussions about the state of the building to which he advised all partners will be involved and assured the auditorium would remain. As there has been no communication from the person overseeing the Association WA State PFDS, he offered to contact her about organizing the conference. Ms. Meagher advised the date of the conference, September 23-25, has been finalized. Board President Liaw reported much of what was discussed at Admin & Finance Committee is on today's agenda. Staff provided the committee a preview on the current state of the budget which will come to the EPFD Board next month. As a result of a change by the Steering Committee, people are eligible to join the Emeritus Board as soon as they wish without a gap year. Cheryl Foster recently joined the Emeritus Board. 10. Associate Executive Director Update • Finance Update o April Draft Financials & Audit Update Ms. Meagher reviewed revenue and expenses on the Income Statement, highlighting revenue related to ticket sales, rentals, concessions, marketing, and contributed revenue and expenses related to presented events, marketing, and wages and benefits. The variance in budget to actual non -operating revenue is due to the Tier 2 payment from Snohomish County. She reviewed the Balance Sheet, highlighting current assets, board designated funds, accounts payable. She reviewed the Cash Flow report Questions and discussion followed regarding the addition of GASB lines as liabilities on the Balance Sheet, a request for staff to provide a detailed quarterly development revenue and grant report, outlook for the end of year and impacts to the board designated fund, staff presenting an analysis of the current budget next month and the EPFD making changes at the July meeting if necessary. o Audit Update The audit for fiscal year 2023 will start on July 22. The audit will include a pre -meeting to introduce Ms. Liu to the auditors and to review the SAO's typical process. It will continue to be a remote audit with possibly one onsite day. There will also be an accountability audit so the audit is likely to extend through nearly yearend. o GASB 96 Threshold Policy Ms. Meagher advised the policy was presented to Admin & Finance who recommended approval. GASB 96 had to be implemented effective January 1, 2023 related to subscription based technology like Zoom, QuickBooks, etc. The policy establishes a minimum threshold for the organization of $2000 to align with the capital asset policy so the organization does not have to recognize very small contracts, and also defines how revenue is recognized as it relates to GASB Edmonds Public Facilities District Board Draft Minutes May 23, 2024 Page 4 Packet Pg. 112 7.5.e 96. The language was adapted from several other public agencies as well as the SAO. The following motion was made as the policy was not scheduled for approval on today's agenda. BOARD MEMBER MALONEY MOVED TO AMEND THE AGENDA TO MOVE APPROVAL OF GASB 96 THRESHOLD POLICY TO NEW BUSINESS. BOARD MEMBER GROTHEER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. • Human Resources Update Ms. Meagher reported the production team and box office/front of house is fully staffed, the accounting assistant position will not be replaced and the cost savings will be invested in an accounts payable/receivable software that will streamline several processes, the current rental assistant is resigning and the position will not be replaced at this time, and the talent buyer position will be posted Monday • Facilities Update o Mithun Presentation Board President Liaw commented there has not been an opportunity for a board following the presentation. This is an opportunity for board members' immediate reactions/comment. There will be further discussions in the months ahead. Board input include the following (staff response in italics): ➢ Provide Mithun's report, executive summary and PowerPoint to board members and post the full report or executive summary on the website. ➢ Insight from Mithun regarding how the master planning process integrates with the strategic plan would be beneficial. What questions need to be answered to feed into the master planning process for the campus. y Appreciated the comprehensive approach and putting things into perspective by meshing Mithun's findings with an overall campus plan/strategic plan. However, the expectations for driving closure to the bigger picture are left open such as when does the effort finish, risks that occur during that timeframe, whether more major repairs to the building will be required, etc. Without a schedule or target, things can drag on. Developing a rough outline of the decisions that need to happen will be helpful. The presentation was deliberately open-ended as there is no framework related to investing in the building or focusing on the next phase. ➢ The PFD Board is the body that needs to give direction to the executive team regarding that framework and the timeline. ➢ The EPFD Board needs the assistance of a third party professional to make those determinations. ➢ Mithun did a good job presenting options. Need to determine how to get there, whether the organization is equipped to get there on its own or if a third party needs to be hired. ➢ Decide what work is needed in the interim. Will be discussed by Facilities and Operations Committee. r Worthwhile for the Facilities and Operations Committee to consider what are the high risk items. 11. Executive Director Update • Development Update — Center Stage Ms. Liu reported $202,000 was raised the evening of Center Stage which is $12,000 more than 2023, but below budget for 2024. She expected the total to increase slightly due to pursuing some Edmonds Public Facilities District Board Draft Minutes May 23, 2024 Page 5 Packet Pg. 113 7.5.e potential sponsorships. The new Gala format is moving forward. The performer and event will announced with the season launch on May 29. Education & Community Engagement Update • Programming/Revenue Update/2024-25 Season Ms. Liu reported there is one show remaining in the regular season, three summer shows have been announced and one remains to be announced. • Strategic Planning Update - Mission Ms. Liu commented on mission affirmation and its capacity for guiding the strategic planning process. Steering Committee and staff leadership have been developing the structure for the next strategic plan which covers key areas for the next five years including financial plan, operations, team, and the building and campus plan. It proposes questions, desired outcomes, and identifies the strategic input from board, staff and community. At the conclusion of the strategic plan, it is hoped there will be a charted pathway to reach those desired outcomes, laying out incremental goals and forming an operational guidebook for the next five years. Central to the strategic plan is an opportunity to reaffirm the organization's mission, work she preferred to do internally rather than having an external consultant tell the organization what its mission is. Ms. Liu continued, the ECA's 20t" anniversary is approaching and there has been a change in leadership; this seems like a good point to stop and reflect and reaffirm if the organization is doing what it should be doing, serving the community, serving the organization's clients and patrons and make revisions if necessary. She viewed the mission affirmation as a joint exercise between the EPFD and ECA boards. She observed not everyone talks about the mission in the same way, activities are not always tied to the mission, and sometimes there is disagreement on priorities. Vision and execution develop as a result of the mission. The Steering Committee will drive the process and wants feedback from staff, board members and the community and plans to use resources developed during the executive director search. There will be multiple opportunities to provide input either written or verbally. Steering suggested discussing it in committees; the ECA Board wants to discuss it as a group. She asked how the PFD Board wanted to provide input. Discussion followed regarding the Steering Committee's interest in feedback on high level concepts, the Steering Committee distilling concepts into 3-4 formats/philosophies that would be presented to everyone, the Steering Committee developing a process, preference not to get input via committees, and determining how PFD board members want to be involved. 12. New Business • GASB 96 Threshold Policy BOARD MEMBER MALONEY MOVED TO APPROVE THE GASB 96 THRESHOLD POLICY. BOARD MEMBER BREWSTER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Executive Session • Per RCW 42.30.110(1)(i) to Discuss Potential Litigation or Legal Risks of a Proposed Action Edmonds Public Facilities District Board Draft Minutes May 23, 2024 Page 6 Packet Pg. 114 7.5.e At 8:43 a.m., Board President Liaw recessed the PFD Board to executive session for approximately 30 minutes to discuss potential litigation or legal risks of a proposed action per RCW 42.30.110(1)(i). No action was anticipated to occur as a result of meeting in executive session. At 9:13 a.m., Board President Liaw announced the executive session would be extended for 10 minutes. The meeting was reconvened at 9:23 a.m. 14. Adjourn The meeting was adjourned at 9:23 a.m. Next EPFD Board Meeting: Thursday, June 27, 2024 - 7:30 AM ACTION ITEMS: 1. As a result of the Mithun presentation, create list of short- and long-term capital projects organized by dollar amount that identifies priorities for 2024 and 2025 2. Distribute list of board member committee assignments 3. Develop policy/procedure for board member attendance at conferences 4. Send letter to City staff requesting Edmonds City Council approval of appointment of Board Member Brewster to a second term on the EPFD Board 5. Provide EPFD Board a detailed quarterly update regarding development revenue and grants 6. Provide Mithun's PowerPoint and full report to EPFD board members. Post report or executive summary on website 7. Finalize language for a policy that gives management the opportunity to decide to close the organization for up to 4 days and give that time to staff as a vacation benefit during the closure 8. June EPFD Board Meeting a. Staff clarify scope of coverage under Enduris insurance policy b. Approval of Amended Employee Handbook c. Analysis of 2024 budget Edmonds Public Facilities District Board Draft Minutes May 23, 2024 Page 7 Packet Pg. 115 Stanwood Darrington I 7.5.f I Snohomish County Tomorrow A GRO WTH MANAGEMENT AD VISOR COUNCIL STEERING COMMITTEE MEETING Wednesday, May 22, 2024 Via Zoom 4:00 p.m. MEETING MINUTES Tulalip Arlington Tribes Marysville Granite Falls Everett Lake Stevens ukilteo Mill Creek Ly Mountlake nnwood Snohomish Edmonds Monroe Terrace Sultan Gold Index Woodway Brier Bothell Bar Participating Jurisdictions/Members City of Arlington Mayor Don Vanne City of Bothell Councilmember Amanda Dodd City of Everett Councilmember Ben Zarlin o City of Granite Falls Mayor Matt Hartman City of Lynnwood Mayor Christine Frizzell City of Marysville Councilmember Peter Condyles City of Mill Creek Mayor Pro Tern Stephanie Vignal, Councilmember Sean Paddock City of Monroe Councilmember Kyle Fisher, Jacob Walker City of Mountlake Terrace Councilmember Dr. Steve Woodard City of Mukilteo Councilmember Jason Moon City of Woodway Councilmember John Brock Snohomish Count Council Councilmembers Nate Nehrin Snohomish County Executive Josh Dugan Community Representative Allen Giffen Community Representative Easton Craft Community Representative Mike Appleby Other Attendees/Presenters: PSRC Ben Bakkenta SnoPUD John Haarlow SnoPUD Aaron Swaney SnoPUD Brenda White Snohomish County Executive A Boungjaktha Snohomish County Executive Trudy Soriano Snohomish County Executive Samantha Paxton Snohomish County Executive Jason Biermann Snohomish County Julie Mass Snohomish County Jacob Lambert Snohomish County Stephen Toy Snohomish County Mike McCrary Snohomish County Molly Beeman Snohomish County Doug McCormick N r� 0 a a� a� a� E E 0 U c CIO to L 0 m as O N M N N le N O N N N W O i c� U) c 0 E 0 a Packet Pg. 116 7.5.f 1. 2 3. Snohomish County Transportation Coalition Brock Howell City of Everett Frank Hong City of Monroe Lance Bailey SCT Manager Ann Larson Snohomish County Taylor Twiford Community Members Melody Tucker Economic Alliances Wendy Poischbeg Call to Order: The meeting was called to order at 4:01 pm by Nate Nehring Introductions/Roll Call Roll call was taken (as listed above). Citizen Comments No comments. 4. Approval of Meeting Minutes (4-24-24) Don Vanney moved to approve the minutes. Ben Zarlingo seconded, and the motion passed unanimously. 5. Update Items a. PSRC Board Actions and Activities, Ben Bakkenta Bakkenta shared that there is no Executive Board meeting this month due to the general assembly meeting happening on May 30th at the Seattle Convention Center. All elected officials are encouraged to attend, and registration is still open on the PSRC website. The Account Development District Board will hold its second quarterly meeting on June 51h and feature a presentation from Susan Champlain, senior director of Boeing's Northwest Region Government Operations, and have a briefing from Dr. Joseph Williams of the Washington State Department of Commerce, on Washington's Information and Communications Technology Sector. At the Growth Management Policy Board's June 6th meeting they will review PSRC's local comprehensive plan, certification, work, plan, and approach and they will also get a presentation on housing trends for Asian, American, and Pacific Islander populations in the region. At the June 131h Transportation Policy Board meeting, they will get a briefing on the progress of developing the Regional Transportation Safety Act. They will also begin a review of the current plans, financial strategy, and potential new revenues in preparation for the update of the regional transportation plan. b. Countywide Economic and Workforce Development Updates/ Strategic Tourism Plan, Trudy Soriano N M N N N O N N N LO O I U co as E r a Packet Pg. 117 7.5.f Soriano gave a presentation on the Strategic Tourism Plan. The plan is updated every four years and was last updated in 2023 and it serves to show the countywide tourism goals, the direction of the work plan in the next four years, and how the County's partners can coordinate their work with the County. Soriano and her team will be briefing local economic development and tourism city partners beginning in June. 6. Action Items a. Agenda Bill: Preliminary SCT Budqet, Julie Mass Mass gave a presentation of the preliminary SCT budget. It is currently on its third draft and will be submitted to the Executives Office on June 6th. Mass gave a brief overview on the cycles of decreases and increases and where the funds have been allocated. The budget cycle has moved to a biennial budget and the goal is to maintain the fund balance for SCT to cover the future billable lands staffing needs. There are two budget options, exhibit 2a and exhibit 2b, which shows one would be balancing the budget each year of the biennium to close to zero, and the second scenario would be just splitting the difference between both years equally so that the impact to the members is consistent in both years. Staff recommendation is scenario 2 shown in exhibit 2b. Josh Dugan moved to approve the recommendation based on the Executive Committee and was seconded by John Brock. The motion passed unanimously. 7. Briefings, Discussion Items a. Snohomish County PUD, John Haarlow Haarlow gave an overview of the challenges and opportunities that the PUD is working with. There are drought concerns and significant increases in electric usage and the PUD is looking to navigate that in a way that they can continue to provide reliable, affordable services while continuing the path to environmental sustainability. The PUD has also partnered with Nissan and other vendors to demonstrate and pilot vehicle to grid charging technology. Following the presentation Haarlow answered questions regarding potential rolling blackouts, the deployment of advance meters, and load changes. Broadband Update, Jason Biermann Bierman, Executive's Office, gave an update on Broadband in Snohomish County. They have a couple of ARPA funded projects that include a broadband enhancement study that started last year to see what accessibility to broadband looks like, both in terms of infrastructure and in terms of people's ability to access it. The final draft of the report will be expected in July and the formal presentation will be in September. The other ARPA project will be kicking off next month and is going to be providing access to high speed broadband. They are also looking into more ways to address digital equity. c. Growth Monitoring Report, Steve Toy Toy gave an update on the highlights from the 2023 Growth Monitoring report that the Planning Advisory Committee passed onto the Steering Committee. It is a countywide planning policy requirement that the counties, the county, and the cities coordinate through SCT to annually monitor growth and development trends. Toy provided some background information on the report and highlighted some of the population growth trends in Snohomish County. Packet Pg. 118 7.5.f Following the presentation Toy answered questions regarding age estimates, population percentage outside of rural areas outside the urban growth boundaries, and discrepancies in projected growth targets. d. SCT Manager's Report, Ann Larson Due to time constraints, Larson will be sending out the Committee report and other information via email. a. SCT Committee Report b. General Assembly Update Venue has been booked. There will be no meeting in December due to Assembly. Look for the calendar invite to be sent out shortly. c. Scheduling for UGA follow up discussion Following Amber Piona's presentation last month a request came in for further discussion and that meeting has been set for June and the group will be updated on that discussion at the next meeting. 8. Go -Round 9. Next Meeting Date June 26, 2024 10. Adjournment The meeting was adjourned at 6:02 pm by Josh Dugan. All presentations given, discussions held, and actions taken at this meeting are kept on file (via recording) in PDS until six years from December 3111 of this year. N M N N N O N N N LO O I H U c E t t> ca r w Q Packet Pg. 119 7.5.g SNOHOMISH COUNTY SNOHOMISH COUNTY 911 BOARD OF DIRECTORS BOARD MEETING AGENDA s = July 18, 2024 at 8:30 a.m. Web Conference — Join Zoom Meeting https://uso2web.zoom.us/i/86274396181 Meeting ID: 860 00 46 6014, Passcode: 195881 or dial +1 253 215 8782 Physical location: 1121 SE Everett Mall Way, Everett Police Department, South Precinct. Please note that most Board members and staff attend the meeting remotely. However, pursuant to RCW 42.30, a physical location is also provided. 1. Call to Order A. Roll Call B. Announcements i. Exemplary Service Recognition — Derek Wilson C. Public Comment Policy: Public Comments limited to 3 minutes on discussion items related to agency business. 2. Approval of Agenda 3. Consent Agenda A. Minutes from the June 20, 2024 Regular Board Meeting B. June 2024 Blanket Voucher & Payroll Approval Form: i. Checks 1051 - 1052; 18951 - 19059, for a total of $1,583,047.12 ii. Payroll Direct Deposit, in the amount of $1,398,436.51 C. Tower Site Lease Renewals at Deer Creek, Frailey, and Three Lakes 4. Executive Session 5. Old Business A. Legislative Approvals of ILA Changes (Update) B. Drafting of ILA Changes for EMS JTF 6. New Business A. 2025 Draft Budget B. APF — Radio Fleet Expansion Request C. APF — Tyler Support Agreement and Planning 7. Reports A. Agency Report B. New Facility Project Update Packet Pg. 120 7.5.g C. Radio Replacement Project (RRP) D. Police TAC E. Fire TAC 8. Committee Reports A. Finance Committee B. Personnel Committee C. Future Facility Committee (no meeting) D. EMS Joint Task Force E. County EESCS Committee (formerly County E911 Office) F. County ECSF Program Advisory Board 9. Good of the Order 10. Adjourn - The next meeting is scheduled for August 15, 2024 Packet Pg. 121 8.1 City Council Agenda Item Meeting Date: 07/23/2024 Approval of Council Special Meeting Minutes July 2, 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 Council meeting minutes are attached. Attachments: 2024-07-02 Council Special Minutes Packet Pg. 122 8.1.a EDMONDS CITY COUNCIL SPECIAL MEETING MINUTES DRAFT MINUTES July 2, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Neil Tibbott, Councilmember Will Chen, Councilmember Susan Paine, Councilmember Michelle Dotsch, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Beckie Peterson, Council Executive Assistant Scott Passey, City Clerk The special Edmonds City Council meeting was called to order at 5:30 p.m. by Mayor Rosen in the Brackett Room, 121 5'a' Avenue North, Edmonds, and virtually. 2. COUNCIL BUSINESS MAYORAL UPDATE Mayor Rosen explained the council requested an update on the items listed. He suggested council questions following his update on all the items in the order of council position with three minutes for the question and answer. 1. Council Work Plan Mayor Rosen said the question some councilmembers asked was whether the work plan was too robust. There is a lot going on; staff tries to populate the planning calendar with everything and with as many touchpoints as possible. The planning calendar was developed by the directors, council president, council pro tem, city clerk and council executive assistant and reviewed weekly. There are a lot of items on the planning calendar that are not assigned to a specific date; he emailed directors asking them to populate those items on the calendar and to remove any duplicate items. If councilmembers have concerns about specific topics or dates, he encouraged them to reach out to Council President Olson so that reassigning items can be considered during the weekly meeting. 2. COMP Plan Touch Points Mayor Rosen said the planning calendar has been updated. If councilmembers have questions or concerns, he suggested reaching out to Ms. McLaughlin and copy him so he can follow up. Edmonds City Council Draft Minutes July 2, 2024 Page 1 Packet Pg. 123 3. Analysis On City Owned Assets Mayor Rosen relayed in a perfect world, through the comprehensive plan and other planning processes, there would be effort to look toward the City's future which would lead to consideration of the structure as well as inform what facilities are needed and take into account workforce needs and the future of the City in terms of growth. With regard to whether any analysis has been done, he referred to the McKinstry report which was presented to council earlier this year. Of the four categories of facilities health, none of the City's facilities were in the top two. In 2021, the City did a more robust analysis through HCA Assessment on behalf of the insurance policy to look at replacement costs, a 135 page documents that includes lift stations. Those two documents inform the analysis of City facilities. In a parallel process, consideration is being given to opportunities, interests or things that make sense to do today, for example with the Public Safety Complex, City Hall, Wade James Theater, the Neighborhood Office, Meadowdale Clubhouse, etc. 4. Wastewater Treatment Plant Update Mayor Rosen explained the WWTP was built in 1957 and has had a couple upgrades since then. In 2020 the council approved replacing the incineration process with a new gasification system. The intent was to 1) reduce the carbon footprint, 2) increase energy efficiency, and 3) create a byproduct that would have market potential for use in agriculture, filtration, concrete, etc., and 4) destroy PFAS chemicals that incineration does not destroy. The gasification system was very new technology and introducing new technology into old comes with challenges. The sludge that is created must goes through a machine and that machine must operate within certain tolerance levels. The quantity or content of the sludge cannot necessarily be controlled throughout the day or from season to season. The challenge is not just moving the product into the machine but also providing it in a consistent way and a consistency that the machine can tolerate. The system is still experiencing difficulties. Once there is confidence the machine can run for a duration without needing to be shut down or shutting itself down, staff training will be required. In the meantime, the product that had been incinerated in the past and is intended to go through the gasification system is being trucked to Oregon until the difficulties can be resolved. 5. Blue Ribbon Panel Analysis and Recommendations This will be presented to council at tonight's regular meeting. 6. Ensuring Edmonds is a Welcoming and Safe Community Mayor Rosen said a couple councilmember relayed they had heard about unfortunate experiences by members of the community. This situations is frustrating because nothing can be done unless the police are notified. If people experience something, they need to call the police. Depending on the event, there are specifics related to what lines have been crossed. For example, there are things most people would find repulsive and inappropriate, but might not necessarily cross the legal line. He as well as other councilmembers have been talking with community members and groups about how to influence a culture and that needs to continue and possibly even be more intentional. Everyone needs to lead by example and he plans to lean on the DEIA commission to help inform this effort and give recommendations on how to address it. He reiterated the police cannot address it unless they hear about so he encouraged anyone who hears about inappropriate things happening to reach out to the police. 7. Packet and Presentation Timing Mayor Rosen acknowledged this will never be a perfect science. This discussion began with several specific objectives including providing the council and community more time to review and absorb the packet materials as well as provide time to ask staff questions and for staff to respond. There will always challenges Edmonds City Council Draft Minutes July 2, 2024 Page 2 Packet Pg. 124 with moving up the date the packet is available such as payables, sometimes new information is received or questions come up late in game that require updating the packet. He suggested creating policies/procedures/processes to minimize the number of additions to the packet. A decision was recently made to move packet distribution to Thursday and that will begin next week. There have also been discussions about assuming there will be changes made to the packet so there will be a first edition and a final edition. It will be a work in process. 8. Addressing Retail Theft at Businesses Such as Burlington Coat Factory/Safeway/TJ Maxx Area of Highway 99 Mayor Rosen said his guiding principles are safety in general for the people who live, work, and visit those areas, preserving and enhancing the quality of their lives, providing a favorable environment for those businesses and their customers, not having unintended consequences on individuals in need of housing, food, supplies, physical or behavioral healthcare and ensure people in need, and finding scalable and sustainable solutions instead of one -offs. Some of the things he has been doing include: ➢ Being very responsive such as if the police hear about graffiti or encampments and there has been some good feedback regarding that response ➢ A meeting is scheduled with businesses in the Safeway, Burlington and WinCo complexes to discuss these issues ➢ More than one internal meeting has been held to identify proactive actions that can be taken related to the motels/hotels on Highway 99 and to discuss mitigating their impacts ➢ Attended two very intense briefings with the Snohomish County Drug Task Force and staff is also participating in Snohomish County's Law Enforcement Assisted Diversion (LEAD) which provides additional resources ➢ New protocols are being created for encampments cleanup and potentially hazardous materials; some encampments are on WSDOT property and other times they are on Edmonds property ➢ Meeting with the planning department to discuss opportunities via a community renewal plan, exploring economic development opportunities for the area, evaluating the role of the neighborhood center and opportunities for a permanent police presence in the area ➢ Building stronger relations with the mayors in south Snohomish County and north King County to work on issues collaboratively ➢ Meet with nonprofits to explore service options and opportunity ➢ Working on modifications to the City's volunteer programs to address issues in the area and create better protocols and opportunities for people to volunteer ➢ Receive weekly notifications regarding police activities as well as real time notifications so he can monitor activities 9. Process for Budget Development Mayor Rosen said this year's budget process, which will include budgeting by priorities, zero based budgeting, a biennial budget and a lot of big decisions, will be bumpy. The council was provided a budget schedule in last week's packet; a much more detailed and robust schedule with over 200 entries has also been created. With regard to a council question about inputs into the budget process, he is responsible for delivering a budget to council for their consideration and deliberation. Departments have a big role in developing the budget. A statistically valid survey will be conducted as well as a parallel process to allow people in the community to weigh in. The hope is also to reach out to community groups serving populations for whom English is not their first language. The council will receive all that data. There is an internal scoring process where staff does the scoring; directors were intentionally not involved in that process so they would not advocate for their own department. He has also recruited a community advisory group who will also go through the scoring process. The council will see the results of that process as part of the budget. He hoped to do up to six community meetings with specific demographics, similar to focus groups. The Edmonds City Council Draft Minutes July 2, 2024 Page 3 Packet Pg. 125 format will be formalized once the research is available. The council is scheduled to hold a budget retreat on August 16. 10. Financial Health Update Mayor Rosen emphasized he did not intend to lay blame on any person or group for the City's current budget situation. It was caused by internal and external influences and as requested, he wanted to explain the current situation. He advised the council will also receive a very robust midyear budget review on August 13 along with the survey results. In an ideal world, there would be a process to look at the future of government and what that costs to create a sustainable model. There have been discussions about borrowing internally to get through 2024, use the budgeting by priorities process to inform the 2025 budget and have a conversation with the community how to receive fire/EMS services, a decision that will also influence the 2026 budget. He displayed the followin figures (explanation follows the graphic): 38-30 = 8 $3,200,000 = $2,220,000 30 = 19 $3,660,000 ($500,000) ($200,000) ($1,100,000) ($408,000) ($2,208,000) $1,452,000 $3,200,000 -1,452,000 $1.748,000 38 — 30 = 8 Council approved 38 new positions between 2021 and 2024. Due to the hiring chill, the net gain has only been 8. $3,200,000 = $2,220,000 $3,200,000 was an assumed savings in the 2024 budget for vacant positions Current budget will end with $2,220,000 savings 30 = 19 Above assumed 30 positions, 19 are General Fund $3,660,000 Eliminated 3 positions Stopped some major purchases Reduced rental costs and membership fees Reduced professional services Increased revenues $500,000 Ending fund balance was $500,000 less than projected in adopted budget $200,000 General Fund revenue forecast was off b $200,000 $1,100,000 Cost of most recent union contract was $1,100,000 more than budgeted ($408,000) Library damages not covered by insurance $2,208,000 Total additional expenditures $1,452,000 $3,660,000 - $2,208,000 = $1,452,000 $3,200,000 - $145,000 = $1,748,000 Gap to reach 3,200,000 is $1,748,000 Edmonds City Council Draft Minutes July 2, 2024 Page 4 Packet Pg. 126 8.1.a Mayor Rosen explained since discovering the above, efforts to address the $1,748,000 include: ➢ Given directors very specific targets ➢ Exploring other revenue streams such sharing resources like the City doing striping for other jurisdiction or providing access to the City's crime analyst ➢ Considering what can be sold; for example the fleet manager was asked to make a recommendation about opportunities ➢ Considering opportunities to rent space in City building and/or sell space ➢ Potential opportunities have been identified through budget amendments that will be presented to the finance committee Council Questions/Comments Councilmember Eck said she liked the idea of increasing safety in the south Highway 99 and WinCo area and that Mayor Rosen planned to meet with the business owners to brainstorm. With regard to Ensuring Edmonds is a Welcoming and Safe Community, she asked why the City strayed from the hate/crime tracking and if there was there a possibility of going back to that. In think about staffing, she asked if consideration was being given to the fact that Edmonds' ratio of staff to residents was already slimmer than Lynnwood and other cities. People who move to Edmonds expect a certain quality of life. Mayor Rosen responded when he asked whether people were calling to report issues, the number of calls was very, very small and apparently there has also been some misuse, people calling for things other than the intended purpose. He suggested exploring how to provide opportunities for people to report so the council and administration knows what's going on. He suggested requesting the DEIA commission investigate creating a process. With regard to staff size, planning staff is down 30% which means service/response times increase. That becomes part of the reality in terms of money and making choices and hard decisions such as can we do it differently, can someone else do it, what can be delayed. He hoped the survey and other outreach will produce what citizens want government to do which will assist with developing a standard of expectation. He was unsure how honest the conversations with the community regarding costs have been in the past. CPI was 4.4% in April so even though inflation is coming down, it is still 4.4%. If the City did nothing differently, costs would increase at least that much. The City also has three union contracts coming up for negotiation this year. There needs to be hard conversations about the costs of what people want Councilmember Chen referred to the figure provided by Mayor Rosen, pointing out 38-30 equals 8, but $3,200,000 does not equal $2,200,000 and 30 does not equal 19, that was the result of actions taken by council. It was suggested an arrow be used instead of = for the second and third lines. He expressed interest in more information about safety in the southeast Highway 99 area. He referred to Mayor Rosen's comment about having a police presence there and not just a remote office, relaying his interest was moving the entire police station to Highway 99. Mayor Rosen responded that conversation is taking place. Very preliminarily, regardless of the decision that is made regarding how fire and EMS services are provided, South County Fire (SCF) is in the process of purchasing the former Value Village site. SCF is interested in partnering on another use on that property so Edmonds mentioned the City was thinking about a police department built for the future. There are opportunities for shared uses such as conference rooms, emergency operations center, training facilities for other agencies such as the Washington State Patrol or FBI. SCF was intrigued by that proposal and offered to advance the conversation with their consultant and for the City to do their own analysis regarding square footage, etc. He acknowledged that could fall apart, but that conversation is taking place. Councilmember Chen commented that area has great potential. Edmonds City Council Draft Minutes July 2, 2024 Page 5 Packet Pg. 127 Councilmember Tibbott referred to #3, Analysis of City Owned Assets, and inquired whether the current park maintenance levels will be maintained and whether there were any urgent building maintenance issues that are either being deferred or planned for 2024. With regard to park maintenance, Mayor Rosen said he was looking at whether there were opportunities for subtle staff restructuring to increase efficiency and effectiveness. For example, the City has a building maintenance team and a park maintenance team; he wondered if efficiencies could be realized by anything with a drip line being building maintenance and anything that grows being park maintenance. In terms of priorities and must haves, although everyone loves parks, parks frequently are not a must have. The need for parks maintenance was increased via the Highway 99 median and the new park. There have been discussions with other cities about economies such as mowing and restroom cleaning, could that be done collectively or outsourced? Those are choices that will need to be made when considering available funds and the wants/needs. With regard to building maintenance, Mayor Rosen explained some of that is General Fund and some is other funds. For example, there are pumps in desperate need of replacement, tanks are in good condition but their age makes them less insurable. The General Fund has historically contributed $400,000/year for road maintenance, deferring road maintenance will be a consideration. He concluded there is a long list of maintenance needs. Councilmember Tibbott asked if there were specific maintenance projects that Mayor Rosen was thinking of deferring. Mayor Rosen answered no. With regard to safety, Councilmember Dotsch asked the status of adding more police officers. She heard that the department was short 10 officers. Mayor Rosen answered 9. New officers have to go through the academy and when they complete the academy, they have to ride with another officer for six months. There are a couple officers completing that process so there will be more officers on the street soon. Councilmember Dotsch asked about recruiting. Mayor Rosen explained the positions that were held open and the savings anticipated from that, this contract settlement wiped it out. He is not authorizing positions and if anything, is asking if there are positions that could be furloughed or shared. Councilmember Dotsch said she hears from citizens that they do not know who to contact if they see something. In the past they could call the non -emergency number or use the FixIt app. She asked about creating a protocol so people know what to do and the proper place to call. Mayor Rosen commented that is an easy problem to fix. With regard to the comprehensive plan, Councilmember Dotsch expressed concern that council touches are very late in the year. She suggested a monthly update, anticipating with so much information coming so late in the year and right in the middle of the budget, it would be preferable to have a monthly touchpoint until then to describe the status of the elements, next steps, highlights, etc. so everything is not dumped on the council in a few meetings at the end of the year. There are a lot of puzzle pieces that will be stacking and she wanted to avoid having a lot of information at one meeting which makes it challenging to review. Councilmember Dotsch asked if the numbers Mayor Rosen provided were mid -year, noting there could be additional issues that arise by the end of the year. Mayor Rosen agreed it was a moving target and June has not closed yet. The intent of the figures he provided was to identify major impacts. Councilmember Dotsch observed other inputs could change the figures he provided. Mayor Rosen agreed that was possible, but hopefully the changes would be for the better. Councilmember Tibbott advised a monthly update on the comprehensive plan is provided at the PSPHSP committee meeting. Councilmember Dotsch preferred to have a monthly update to council. Mayor Rosen suggested staff provide an update at council instead of at a committee meeting as well as at council. In the context of the budget process which she anticipated would be grueling this year with the loss of programs people care about, Council President Olson suggested councilmembers think to the end of that process and the disappointment councilmembers and the community will inevitably feel, and consider what process would help mitigate the emotion and personalization. She hoped to avoid having community members or neighborhoods pitted against each other. She asked how the council wanted to receive Edmonds City Council Draft Minutes July 2, 2024 Page 6 Packet Pg. 128 8.1.a information from the administration to help them be part of the conversations earlier. The council is trying to be thoughtful about how to roll it out, but at the end there is always a lot of conversation about what could have been done differently. She was asking councilmembers to think to the end and the disappointments and emotions and what would they want to happen and how to go about it in a way that will best support decision -making and being calm, rational and collaborative. The council and administration knew this would be a very difficult year and have done very well, but the toughest parts, the comprehensive plan and the budget, are still to come. She invited councilmembers to provide feedback to her and/or the council's executive assistant by the end of July so it could be incorporated into the budget process. Councilmember Paine asked for clarification regarding what Council President Olson was asking for. Council President Olson said she was interested in ideas or input about having the budget process roll out in a way that supports council being collaborative and having good, thoughtful inputs without it becoming emotional and advocating for specific programs. In the end, that is the budget process, making those decisions; things being done by the mayor via statistically significant budget inputs will help so that when the budget comes to council, they will know that's what the community wants. Councilmember Chen suggested Council President Olson's request be made at the retreat where further discussion could occur. Councilmember Tibbott asked if Council President Olson was anticipating quarterly budget amendments. Council President Olson said she was thinking about the 2025 proposed budget, trying to be calm and rational and having conversations about subjects so the council can make good decisions that serve the whole community. Councilmember Eck said the council has demonstrated this year that they will most certainly disagree at times, but most of the time councilmembers try hard to show respect for each other. She was feeling optimistic based on this year's experience that councilmembers absolutely must advocate for what is important and will absolutely not agree on everything, but anticipated councilmembers could come to table being respectful. Councilmember Paine referred to Mayor Rosen's indication that he has eliminated some major purchases and made other changes. She asked for specifics about what was eliminated, commenting those are usually decisions made by council. She asked what number on the chart that referred to. She asked about next steps for council as a result of the Blue Ribbon Panel's analysis and for the August 16 retreat. She anticipated it would be very helpful for council to have specifics on what they will be looking at, the expectations for 2025 and have that sync up when directors are creating their budgets and ensuring everyone is still working from the same sheet of music. She did not expect to see a lot of budget changes and wanted to be certain the council was synchronized with the directors and administration in terms of process. For example, she suggested the council be provided a two-year project budget. Mayor Rosen responded he has the authority not to fill open positions. Councilmember Paine agreed and clarified her question was related to eliminating major purchases. Mayor Rosen said one example was the police fence; the cost of the fence and installation was $380,000. Another example is a hook/lift system that was estimated to cost $250,000, professional services were reduced by $150,000, Parks programs, classes and rentals provided $100,000 revenue, rental of the Parks maintenance facility was discontinued ($7,000/month for a total of $42,000). With regard to the budgeting process, the council will have all that information, his responsibility is to deliver a budget to the council on a specific date. Council will have access to all the inputs that inform what he is doing related to the budget, but he was unsure council would be involved in each of those steps until the retreat. Councilmember Paine wanted to ensure the administration and council know the expectations and that those are synchronized with regard to how 2025/2026 rolls out. She wanted to ensure the council understood what Edmonds City Council Draft Minutes July 2, 2024 Page 7 Packet Pg. 129 8.1.a was happening in the biennial budget and ensure the process was well understood. Mayor Rosen agreed, assuring if the administration drifted from that, councilmembers knew where to find him. Councilmember Nand recognized a lot of staff time went into aggregating all this data for council. With regard to the Financial Health Update, she was excited to hear about potential collaboration between other jurisdictions as they have a lot of resources to offer each other. She recalled last year when the administration proposed a climate manager and a grant writer, she suggested they be multi jurisdictional as many local jurisdictions and municipalities were trying to meet those same needs in their community. It may even be possible to aggregate data and present it to the federal government and nonprofits in a way that would be more professional and garner more interest for funding. It also cuts down on the burden for each individual city to fund those programs. Another opportunity could be helping fund a DEI manager for south Snohomish County or north King County to help reach some of those goals. With regard to Ensuring Edmonds is a Welcoming and Safe Community, Councilmember Nand explained Alicia Crank and she have a history with the hate portal which was used to mock them as diverse candidates. That happened to her again during the last campaign season where she was mocked racially on her campaign page in a way that did not trigger any of the words that would identify it as a hateful comment. She suggested potentially partnering with a nonprofit or university group who have more sophistication, time and energy to ensure resources intended to help vulnerable communities are not used to harm them. She looked forward to seeing what Mayor Rosen and his hard working administrative staff come up with during the budget process. 6. ADJOURNMENT With no further business, the Council meeting was adjourned at 6:30 p.m. Edmonds City Council Draft Minutes July 2, 2024 Page 8 Packet Pg. 130 8.2 City Council Agenda Item Meeting Date: 07/23/2024 Approval of Council Special Meeting Minutes July 9, 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 Council meeting minutes are attached. Attachments: 2024-07-09 Council Special Minutes Packet Pg. 131 8.2.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES July 9, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Neil Tibbott, Councilmember Will Chen, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Jeff Taraday, City Attorney Michelle Bennett, Police Chief RaeAnn Duarte, HR Manager Emily Wagener, Sr. HR Analyst Scott Passey, City Clerk The Edmonds City Council special meeting was called to order at 5:45 pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. 2. EXECUTIVE SESSION Mayor Rosen announced that the Council would convene in executive session for approximately one hour to discuss pending or potential litigation per RCW 42.30.110(1)(i). 3. EXTENSION At 6:45 p.m., Mayor Rosen announced that the executive session would be extended for five minutes. 3. RECONVENE IN OPEN SESSION At 6:50 p.m., the executive session concluded, and council reconvened in open session. ADJOURNMENT With no further business, the Council meeting was adjourned at 6:50 p.m. Edmonds City Council Draft Minutes July 9, 2024 Page 1 Packet Pg. 132 8.3 City Council Agenda Item Meeting Date: 07/23/2024 Approval of Council Meeting Minutes July 9, 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 Council meeting minutes are attached. Attachments: 2024-07-09 Council Minutes Packet Pg. 133 8.3.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES July 9, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Michelle Bennett, Police Chief Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 6:59 pm by Mayor Rosen in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Chen read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Peter Moon, Edmonds, a resident on Olympic View Drive, recalled expressing concern to the council last year about traffic speeds on Olympic View Drive. Residents were encouraged to participate in the 2023 traffic calming study which resulted in the installation of four speed tables along Olympic View Drive. He thanked the council, mayor, public works, city engineering and in particular Transportation Engineer Bertrand Hauss for listening to the neighbors' concerns. The speed tables have been very successful at slowing traffic. He recognize not everybody is happy about the speed tables; some vehicles honk as they go over the speed tables to cast their vote of displeasure to which the neighbors respond you're welcome. Edmonds City Council Draft Minutes July 9, 2024 Page 1 Packet Pg. 134 8.3.a Some drivers cross the speed tables at a reasonable speed and then gun their engine as they go past. The complaint he likes the most is residents along Olympic View Drive beyond the fourth speed table who ask why they didn't get speed tables in their area and are now participating in the 2024 traffic calming study. He conveyed the neighborhood's appreciation and recognized the City for listening to their concerns and taking action in a cost effective and sustainable way. He encouraged the City to consider additional speed tables where warranted. When the October survey comes out, he guaranteed there would be overwhelming support from residents along Olympic View Drive. 6. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 2. BLUE RIBBON PANEL DELIVERABLES 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES JUNE 25, 2024 2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 3. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. ACCEPTANCE OF CITY OF SHORELINE MINUTES 8. COUNCIL BUSINESS LEGAL ASSESSMENT COMMITTEE PROPOSED WORK PLAN Councilmember Nand relayed the two person working committee, she and Councilmember Dotsch, that formed in 2023 have had robust monthly discussions about how to approach an annual assessment for the city attorney and the city prosecutor. Bob Berkowitz currently manages the public defense contract with the Snohomish County Public Defenders Association so the committee is concentrating its assessment on the city attorney and city prosecutor. After input from Council Executive Assistant Beckie Peterson and from representatives of Lighthouse (city attorney) and Walls Law Firm (city prosecutor), the committee proposes conducting the assessment in an interview format. She referred to the proposed work plan which identifies categories of people who will be invited to private interviews with members of the legal assessment committee. Councilmember Nand continued, if the council approves the committee's work plan tonight, the committee will identify specific members of the administration and courts and submit the list to the council for approval on the consent agenda and establish a schedule of interviews with those individuals where they can provide candid feedback on their interaction with the city attorneys and city prosecutors. The committee intends to provide a short memo, 2-3 pages, summarizing the results. Council President Olson thanked the committee for the work plan. She asked whether the categories on prosecutor would be automatic, commenting she had not had an interaction with the city prosecutor in her 4+ years on council so she would not assume she would be involved in any interviews. She asked if the committee's invitation to participate in interviews would ask if they had had any involvement with the city attorney and/or city prosecutor. Councilmember Nand answered the committee decided to encourage people to participate rather than making interviews mandatory and assumed people who have had interactions with the city prosecutor and/or city attorney and had something to say would engage with the committee. Edmonds City Council Draft Minutes July 9, 2024 Page 2 Packet Pg. 135 8.3.a Councilmember Paine asked if the summary that should be publicly available or shielded because it is a performance review. Councilmember Nand answered the interviews will be private. Councilmember Dotsch and she will take notes which will probably be considered transitory and not retained for a significant period of time. Their intent is to produce a memo summarizing the results, highlighting critiques and general feedback anonymously. They also plan to have a private meeting with a rep of each firm to provide them feedback before the memo is published in the packet and to the public. Councilmember Paine agreed some things should be public, but she was unsure the assessment and the review should be public, particularly for the city prosecutor due to their constrained body of work. Councilmember Nand referred to language in ECC 2.05.035 which states the committee is empowered to perform an annual assessment of the city prosecutor and the city attorney. This will be the first year the committee will assess the city prosecutor's performance; they will endeavor to do it in a way that is appropriate and also provides value to the council and to the vendors themselves. Councilmember Nand invited Councilmember Paine to provide the committee additional feedback. Councilmember Paine said conducting an assessment is totally appropriate and she anticipated the committee would do a wonderful job, but making it public creates a different set of issues. Councilmember Chen thanked Councilmembers Nand and Dotsch for coming up with assessment proposals. He asked about the criteria for the assessment, whether it was the outcome of a lawsuit, effectiveness in advising City government, etc. Councilmember Nand answered if the council approves the committee's work plan, the next step is for the committee to develop a list of survey questions and proposed interviewees that would be submitted to the consent agenda for council approval. The committee contemplates open ended questions on various criteria similar to what the legal assessment subcommittee used in its performance evaluation in 2023. The committee plans to invite members of the administration and court who regularly interact with the city attorney and city prosecutor to provide specific feedback. Councilmember Chen asked if the committee could include those questions in the packet. Councilmember Nand explained the committee's intent was to include the questions on the consent agenda following council approval of the work plan. Councilmember Chen observed there was no specific action proposed to be taken. He suggest this come back to a future meeting on consent. Councilmember Nand said she and Councilmember Dotsch wanted council approval of the format for the legal assessment; if the council approves this method, the specific questions and list of people to be interviewed would be on a future consent agenda. Councilmember Chen said he will abstain from the vote as he would like to see more actionable criteria or a questionnaire. He did not understand what the plan was other than to conduct interviews and draft a memo. Councilmember Nand said the committee discussed alternatives for performing a legal assessment such as an electronic survey which was done by the legal assessment subcommittee or in -person interviews. The committee is proposing to do in -person interviews and if the council approves that format, they will draft questions and list of perspective interviewees to the consent agenda for approval. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER DOTSCH, THAT THE COUNCIL APPROVE THE 2024 LEGAL ASSESSMENT COMMITTEE WORK PLAN. Councilmember Nand said after robust discussion and consultation with vendors, the committee believes this method will yield the most useful and candid responses for the committee, for the council and the public in general. She hoped the council agreed and approved this method of assessment of the City's legal vendors. MOTION CARRIED (6-0-1), COUNCILMEMBER CHEN ABSTAINING. 2. FIREWORKS UPDATE AND OPTIONS Edmonds City Council Draft Minutes July 9, 2024 Page 3 Packet Pg. 136 8.3.a Police Chief Michelle Bennett provided handouts to council, relaying the crime analyst prepared this information for ease of visibility related to 4' of July enforcement this year. As reported in the local newspaper, the police department actually wrote infractions this year. Based on information prepared by the public information officer, there were 2 infractions, 4 warnings, 6 patrol information only broadcasts, 2 settled by contact, 17 gone on arrival, 2 unfounded, and 2 other for a total of 35 fireworks complaints responds, compared to 37 last year. The biggest fireworks -related incident was at Hickman Park where yet again a portable toilet was fireworked and the side wall blown out, approximately $370 in damage. Last year the entire portable toilet was destroyed by fire. Although this year's damage was still horrible, it was half as bad as last year. Chief Bennett highlighted a July 4' statistical comparison; there were fewer firework calls this year compared to last year, fewer overall calls, a grand total of 114 calls this year, compared with 131 in 2023. This year's calls included a response to a domestic violence case and a welfare check, both time consuming calls. The department did significant more traffic stops than the previous year. In the graph of calls for service by type, fireworks calls were the most common call the department received along with 911 calls. A number of parking enforcement tickets were written this year and last year. Councilmember Eck found the information provided fascinating and really helpful. She referred to the analysis and asked what the category "foot" meant. Chief Bennett answered the person was seen walking around on foot. Councilmember Eck asked about the "animal" category, whether it was a loose animal Chief Bennett answered calls are typically categorized by type, it could be a loose animal, someone complaining that their animal was disturbed by fireworks, etc. Councilmember Eck asked about special ops. Chief Bennett answered special operations is a category of calls. Councilmember Eck was glad the department was issuing citations. She thanked the police department for their work, commenting it was good to see that the grand total was down from last year. Councilmember Paine commented the comparison of this year to last year was very interesting. She anticipated the number of calls and violations will ultimately be reduced and she was sure people will keep close watch on the portable toilets at Hickman Park for the foreseeable future. She asked if any jurisdictions prohibits the possession of fireworks, noting her Google search found Whatcom County does. She asked if that would be an opportunity to tighten things up and make it easier for law enforcement. Chief Bennett answered there are multiple ordinance related avenues the council could choose to escalate enforcement; the ordinance was last revised in 2022. When she worked in Sammamish, it was difficult to enforce the fireworks ordinance due to difficulty identifying where fireworks were coming from, for the police to arrive while someone was actively setting off the fireworks, and to identify the person setting off the fireworks. Chief Bennett continued, in Sammamish, a lot of people set off fireworks on their private property behind fences or on a dock so it is difficult without a search warrant to gain entry to identify who is setting off the fireworks. Sammamish's solution at that time was to cite whoever was in control of that property, similar to furnishing a premise to minors to drink alcohol. In that case, whether the person in control of the property is home or not when juveniles are drinking, they are held liable and responsible for that occurring on the premise. The same logic is translated into fireworks; if someone is setting off fireworks on a property regardless of whether the landlord, property owner or tenant is present. That solved the problem of trying to determine who is setting off fireworks if an officer could see from the street where fireworks were being set off. Councilmember Paine asked if that changed behavior in Sammamish. Chief Bennett said it was definitely talked about; she left the city shortly after that ordinance was passed so she would need to research how it worked out. Councilmember Paine said she would be curious to know. Edmonds City Council Draft Minutes July 9, 2024 Page 4 Packet Pg. 137 8.3.a Councilmember Paine asked if there were other opportunities. Chief Bennett said she has heard anecdotally from people that there seemed to be fewer fireworks this year, although if fireworks were going off next door, people may have felt there was a great increase. Signs are put up at the entrances to the City saying fireworks are illegal and there is a social media burst saying fireworks are illegal and demonstrating the hazards such as fires and injuries She acknowledged nobody likes to give a citation on the 4t1' of July for setting off fireworks, if someone is aware it is a violation and they have the mindset to do it anyway because the police won't do anything and then the police don't do anything, that highlights that assumption. By taking enforcement action when a violation is viewed, it shows the community the police department is serious, it is damaging and dangerous, and is not allowed. Some laws are more onerous and it will be up to council to decide whether to have staff research addendums to the law related to possession of fireworks, citing property owners, etc. The department is happy to research whatever the council is interested in. Councilmember Paine relayed per RCW, some fireworks are banned in the state of Washington with the exception of tribal land. Chief Bennett commented people often purchase fireworks on tribal land and bring them into the community. Council President Olson said she requested this agenda item due to interest a couple years ago in increasing the penalty due to the danger and the need to put a stop to fireworks, but then there wasn't enforcement. In conversations leading up to the 4' of July this year, Chief Bennett relayed the approach in the current ordinance doesn't give the police the tools they need which led to having this conversation. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO ASK THE POLICE CHIEF TO BRING THE COUNCIL HER BEST RECOMMENDATION ON WHAT SHE THINKS THE COUNCIL SHOULD BE DOING IN THE ORDINANCE, EITHER ALONE OR IN CONJUNCTION WITH THE CITY ATTORNEY. Chief Bennett asked if she could provide a menu of options. Council President Olson answered yes, especially with pros and cons for each approach. It may be that the current ordinance can be retained with the addition of the ability to cite the property owner/tenant. Councilmember Nand expressed her strong support for the motion. She relayed apparently fireworks today are much more powerful that the fireworks councilmembers set off as children. There is also risk due to drought, risk to wildlife, as well as impacts to members of the community suffering from PTSD. There are many ways to enjoy fireworks and light shows without engaging in this activity on private property. She thanked Chief Bennett and the police force for their enforcement on 4t' of July. She expressed dismay with the destruction of the portable toilet in Hickman Park and that bad behavior, commenting although it's difficult, parents should try to know what their teenagers are doing. Councilmember Dotsch commented it appears this is the first year infractions were issued. Chief Bennett answered there were legal issues last year related to enforcement; this year the department was legally able to issue infractions. Councilmember Dotsch asked if the options were related to writing infractions or to diminish setting off fireworks; she wondered what was being measured. Chief Bennett answered it is a multilevel approach that includes social media, education, signage as well as publishing the fine for setting off fireworks which is a tiered system based on the number of offenses. The council could also consider possession of fireworks as violation and/or citing property owners/tenants for fireworks set off on their property. That will address fireworks violations, but it won't address people in a cul-de-sac setting off fireworks because the misdemeanor rule requires it occur in an officer's presence. The department can also do extra enforcement patrols; that was not done this year due to overtime budget issues. She summarized there are a number of different tactics that can be considered. Edmonds is trending in the right direction by informing the community that the police department takes this very seriously due to what it does to animals, people suffering from PTSD, wildfire danger, injuries, etc. She encouraged the public to watch fireworks shows that have safety regulations. Edmonds City Council Draft Minutes July 9, 2024 Page 5 Packet Pg. 138 Councilmember Dotsch asked if the signage at the entrances to the City was new. Chief Bennett answered this is her fourth Ott' of July in Edmonds; the signs have been displayed most years. There was more social media this year and once the ordinance was updated, officers have made a concerted effort to explain if they see an adult setting off fireworks, they can expect a citation. The City has a no tolerance policy because the city council is serious which is why the ordinance was passed. Councilmember Dotsch asked if there were other preemptive things that could be done, wondering what was done differently this year compared to last year. Chief Bennett agreed preemptive education was always best. This year she told officers if they see it, cite it, which was different than last year when officers were unable to issue citations. Mayor Rosen restated the motion: ASK THE CHIEF TO BRING OPTIONS AND RECOMMENDATIONS TO COUNCIL REGARDING POTENTIAL ACTIONS THAT WOULD REDUCE THE USE AND IMPACT OF FIREWORKS. MOTION CARRIED UNANIMOUSLY. 9. COUNCIL COMMENTS Councilmember Nand thanked the Chamber for their incredible work on the 4' of July parade. She recognized the many electeds who participated and the grand marshal who was in the audience. She was glad there were no serious fires or injuries reported in the city due to fireworks activity on the 4t' of July. Councilmember Paine said she had a wonderful time at the 4t' of July parade with marsh advocates. She commented on the marvelous turnout on a perfect day. She commented on the impact of the Albertsons and Kroeger consolidation; 124 Safeway and QFC stores in Washington have been identified for potential closure including the QFC on 100t'/SR-104, the QFC on 196', the Safeway at 19500 Highway 99, and the QFC on Richmond Beach Road. She encouraged anyone who is concerned to contact Kroeger or the State Attorney General to prevent closure of those stores. The list of stores that potentially would be closed was published in the Seattle Times. Councilmember Dotsch congratulated the Chamber on the fantastic parade and the variety of floats and acts, people having a fabulous time in the beautiful weather. She recognized the Chamber for their hard work every year to put on the 4' of July parade. Council President Olson gave everyone a shout out for a happy and healthy summer. There is so much to celebrate and enjoy in Edmonds including the Concerts in the Parks on July 14, 21, 28, August 4, 11, 18 and 25 at City Park (August 25 at Hickman Park) at 3 pm; and concerts at Hazel Miller and at the Port. Further information is available on My Edmonds News and the Edmonds Beacon. She reminded not to leave animals or babies in cars for even short periods of time due to how hot car interiors get even with the windows cracked. As a lifeguard and swim coach, she reminded no one is a good enough swimmer when there is an undertow or in rivers. She urged great caution and to obey signs that say not to swim in certain places. Councilmember Tibbott agreed Edmonds is one of most fun places to hang out in the summer. When friends in other parts of the country ask them to visit, he says he can't come in the summer. The 4t' of July parade was a lot of fun and it was great to see the community come together as well as a number of visitors. Councilmember Chen said he particularly liked Councilmember Tibbott's appearance in the parade on a bicycle. He had a lot of fun at the parade, and in addition to the events highlighted by Council President Olson, he pointed out a unique community event, the Dragon Boat Festival, on August 4 at the Waterfront Edmonds City Council Draft Minutes July 9, 2024 Page 6 Packet Pg. 139 8.3.a Center. Along with other performances and activities, there will be a dragon boat display in the parking lot and one in the water that people can sign up to paddle. Councilmember Eck expressed her gratitude to the Chamber for the wonderful parade, a great attraction for the region and something to be proud of. She asked for a moment of silence to honor Jayda Woods -Johnson who was shot and killed at the mall. Although she may not have been from Edmonds, she was part of the Edmonds community. Her death hit home for everyone and there were not enough words to say how shocking and tragic it was. Mayor Rosen commented Edmonds is located at the corner of art and nature and this is the time of year to celebrate that. To those responsible, he requested the honey -buckets in Hickman Park be left alone. ADJOURNMENT With no further business, the Council meeting was adjourned at 7:44 pm. Edmonds City Council Draft Minutes July 9, 2024 Page 7 Packet Pg. 140 8.4 City Council Agenda Item Meeting Date: 07/23/2024 Approval of claim checks and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #263248 through #263353 dated July 3, 2024 for $1,452,395.03, claim checks #263354 through #263436 dated July 11, 2024 for $378,260.25 and wire payments of $10,000.00 & $1,675.29. Staff Recommendation Approval of claim checks and wire payments. 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: Claims 07-03-24 Agenda copy Claims 07-11-24 Agenda copy Packet Pg. 141 8.4.a apPosPay Positive Pay Listing Page: 1 7/3/2024 4:39:10PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 070322 A&A LANGUAGE SERVICES INC 263248 7/3/2024 184.74 065052 AARD PEST CONTROL 263249 7/3/2024 245.32 079536 AMANDA HOUGH 263250 7/3/2024 1,400.00 072799 ANDRES, KAREN 263251 7/3/2024 102.51 079623 ANNA BRONES PUBLISHING LLC 263252 7/3/2024 600.00 070305 AUTOMATIC FUNDS TRANSFER 263253 7/3/2024 1,384.59 001801 AUTOMATIC WILBERT VAULT CO 263254 7/3/2024 1,006.00 076685 BAILEY, MICHAEL E 263255 7/3/2024 3,444.00 075217 BASLER, ANTHONY C 263256 7/3/2024 130.00 069226 BHC CONSULTANTS LLC 263257 7/3/2024 3,761.10 075342 BORUCHOWITZ, ROBERT 263258 7/3/2024 1,120.00 073029 CANON FINANCIAL SERVICES 263259 7/3/2024 234.88 075892 CASCADIAART MUSEUM 263260 7/3/2024 2,000.00 069813 CDW GOVERNMENT INC 263261 7/3/2024 2,953.63 066134 CITY OF ARLINGTON EVOC 263262 7/3/2024 620.10 019215 CITY OF LYNNWOOD 263263 7/3/2024 42,307.00 064369 CODE PUBLISHING LLC 263264 7/3/2024 569.08 079632 COENEN, ALEXANDRA 263265 7/3/2024 134.67 070323 COMCAST BUSINESS 263266 7/3/2024 398.46 072746 CONSOR NORTH AMERICA INC 263267 7/3/2024 16,489.60 079621 CREATIVE HANDS ART SCHOOL 263268 7/3/2024 500.00 077437 DASH MEDICAL GLOVES INC 263269 7/3/2024 359.14 074444 DATAQUEST LLC 263270 7/3/2024 700.00 079630 DAVID & ROBIN HALL 263271 7/3/2024 237.60 077046 DELONG, MICHAEL 263272 7/3/2024 78.00 078943 DIEL, ARNIE WAYNE 263273 7/3/2024 468.00 064531 DINES, J EAN N I E 263274 7/3/2024 712.00 079281 DVAADVERTISING & PUBLIC REL 263275 7/3/2024 667.73 074674 ECOLUBE RECOVERY LLC 263276 7/3/2024 239.00 007625 EDMONDS ARTS FESTIVAL 263277 7/3/2024 1,277.99 076610 EDMONDS HERO HARDWARE 263278 7/3/2024 122.80 078711 EDMONDS ROTARY FOUNDATION 263279 7/3/2024 750.00 008705 EDMONDS WATER DIVISION 263280 7/3/2024 1,402.35 008812 ELECTRONIC BUSINESS MACHINES 263281 7/3/2024 226.60 079627 ELYANOW, REBECCA 263282 7/3/2024 600.00 079581 EMC RESEARCH INC 263283 7/3/2024 18,400.00 079241 FIREHOSEDIRECT 263284 7/3/2024 970.63 079184 FORMA CONSTRUCTION COMPANY 263285 7/3/2024 8,466.31 079379 FREENOTES HARMONY PARK LLC 263286 7/3/2024 861.17 079622 GABRIELLE WILDHEART STUDIO 263287 7/3/2024 600.00 072634 GCP WW HOLDCO LLC 263288 7/3/2024 79.11 078226 GEIGLE SAFETY GROUP INC 263289 7/3/2024 191.91 012199 GRAINGER 263290 7/3/2024 1,507.37 079140 HAAS, ROSE 263291 7/3/2024 399.00 079505 HEBBAABULSAAD 263292 7/3/2024 130.00 072647 HERRERA ENVIRONMENTAL 263293 7/3/2024 1,162.38 061013 HONEY BUCKET 263294 7/3/2024 290.95 075966 HULBERT, CARRIE 263295 7/3/2024 6,495.30 076488 HULBERT, MATTHEW STIEG 263296 7/3/2024 1,100.00 072041 IBS INCORPORATED 263297 7/3/2024 386.79 069349 INTERNATIONAL CODE COUNCIL INC 263298 7/3/2024 170.00 079227 JAMTOWN LLC 263299 7/3/2024 351.00 079625 JOELLEN WANG ARCHITECTURE LLC 263300 7/3/2024 600.00 Page: 1 Packet Pg. 142 apPosPay Positive Pay Listing 7/3/2024 4:39:10PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079478 KASHFIA, SASSAN 263301 7/3/2024 130.00 078250 KAUFER DMC LLC 263302 7/3/2024 300.00 079576 KAVANEY, JAMES 263303 7/3/2024 312.00 078471 LEMM, KEVIN 263304 7/3/2024 453.70 076001 LUCIE R BERNHEIM, ATTYAT LAW 263305 7/3/2024 390.00 074263 LYNNWOOD WINSUPPLY CO 263306 7/3/2024 291.33 079628 MARTIN, ERIC 263307 7/3/2024 600.00 068489 MCLOUGHLIN & EARDLEY GROUP INC 263308 7/3/2024 125.85 075746 MCMURRAY, LAURA 263309 7/3/2024 91.72 066878 METAL SUPERMARKETS 263310 7/3/2024 115.22 020900 MILLERS EQUIP & RENT ALL INC 263311 7/3/2024 141.42 078936 MORGISON, DUANE 263312 7/3/2024 156.00 069923 MOTION INDUSTRIES INC 263313 7/3/2024 1,545.64 070855 NAVIA BENEFIT SOLUTIONS 263314 7/3/2024 315.00 079454 NESS, JULIE ANN 263315 7/3/2024 72.00 075520 NOBLE, LINDA 263316 7/3/2024 130.00 066208 NORTHWEST HARLEY DAVIDSON 263317 7/3/2024 80,821.35 074866 NORTHWEST PLAYGROUND EQUIPMENT 263318 7/3/2024 43,263.16 076902 OCCUPATIONAL HEALTH CTR OF WA 263319 7/3/2024 265.00 077389 OLYMPIC ELEVATOR COMPANY 263320 7/3/2024 808.86 027060 PACIFIC TOPSOILS 263321 7/3/2024 1,443.00 065051 PARAMETRIX INC 263322 7/3/2024 8,235.62 074793 PETDATA INC 263323 7/3/2024 205.70 073231 POLYDYNE INC 263324 7/3/2024 37,004.24 078800 POPA & ASSOCIATES 263325 7/3/2024 1,200.00 079020 PRECISION LANGUAGE SERVICES 263326 7/3/2024 650.00 046900 PUGET SOUND ENERGY 263327 7/3/2024 8,931.43 070797 REPUBLIC SERVICES ES LOCKBOX 263328 7/3/2024 3,122.78 079618 RS AMERICAS INC 263329 7/3/2024 725.99 067996 S NAKAMURA STUDIO LLC 263330 7/3/2024 600.00 065769 SADORUS, JEFFREY 263331 7/3/2024 273.00 079626 SIXMO GATEMOUTH LLC 263332 7/3/2024 600.00 078782 SMITH FIRE SYSTEMS INC 263333 7/3/2024 1,779.05 075543 SNO CO PUBLIC DEFENDER ASSOC 263334 7/3/2024 38,737.00 037375 SNO CO PUD NO 1 263335 7/3/2024 9,608.46 063941 SNO CO SHERIFFS OFFICE 263336 7/3/2024 1,919.46 076433 SNOHOMISH COUNTY 911 263337 7/3/2024 82,827.93 037303 SO SNOHOMISH CO FIRE & RESCUE 263338 7/3/2024 959,553.00 075875 SOUND CLEANING RESOURCES INC 263339 7/3/2024 1,209.00 038300 SOUND DISPOSAL CO 263340 7/3/2024 5,130.65 076114 SOUND SALMON SOLUTIONS 263341 7/3/2024 4,000.00 079363 TRUGREEN LIMITED PARTNERSHIP 263342 7/3/2024 275.15 067865 VERIZON WIRELESS 263343 7/3/2024 14,404.02 069751 VESTIS 263344 7/3/2024 193.94 077739 VOOGT, JOHANNES FRANCISCUS 263345 7/3/2024 130.00 068259 WA ST CRIMINAL JUSTICE 263346 7/3/2024 4,783.00 065035 WASHINGTON STATE PATROL 263347 7/3/2024 201.00 047665 WATER ENVIRONMENT FEDERATION 263348 7/3/2024 122.00 065568 WATER SERVICES NW INC 263349 7/3/2024 72.65 079629 WATROUS, EMILY 263350 7/3/2024 138.69 071467 WEST COAST PET MEMORIAL 263351 7/3/2024 44.00 064213 WSSUATREASURER 263352 7/3/2024 3,040.00 011900 ZIPLY FIBER 263353 7/3/2024 1,317.21 Page: 2 Packet Pg. 143 8.4.a apPosPay Positive Pay Listing 7/3/2024 4:39:10PM City of Edmonds Document group: jacobson GrandTotal Total count: 1,452,395.03 106 Page: 3 Packet Pg. 144 8.4.b apPosPay Positive Pay Listing Page: 1 7/11/2024 9:18:07AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 065052 AARD PEST CONTROL 263354 7/11/2024 251.95 076230 AARDVARK 263355 7/11/2024 10,425.68 074488 ALPHA COURIER INC 263356 7/11/2024 141.68 001528 AM TEST INC 263357 7/11/2024 125.00 079537 AMERICAN TRAFFIC SOLUTIONS INC 263358 7/11/2024 23,750.00 001777 AURORA PLUMBING & ELECTRIC 263359 7/11/2024 7.67 070305 AUTOMATIC FUNDS TRANSFER 263360 7/11/2024 3,986.32 001801 AUTOMATIC WILBERT VAULT CO 263361 7/11/2024 1,006.00 076685 BAILEY, MICHAEL E 263362 7/11/2024 3,930.00 028050 BILL PIERRE FORD INC 263363 7/11/2024 94.12 079633 BLUE, DECHAS 263364 7/11/2024 2,736.00 072005 BROCKMANN, KERRY 263365 7/11/2024 799.07 018495 CALPORTLAND COMPANY 263366 7/11/2024 926.34 073029 CANON FINANCIAL SERVICES 263367 7/11/2024 32.13 069813 CDW GOVERNMENT INC 263368 7/11/2024 2,046.02 079324 CENTENNIAL CONTRS, ENT, INC. 263369 7/11/2024 6,854.44 003510 CENTRAL WELDING SUPPLY 263370 7/11/2024 358.78 076816 CITY OF EDMONDS VEBA TRUST 263371 7/11/2024 1,800.00 074255 COAL CREEK ENVIRONMENTAL ASSOC 263372 7/11/2024 3,870.50 073135 COGENT COMMUNICATIONS INC 263373 7/11/2024 661.59 070323 COMCAST BUSINESS 263374 7/11/2024 143.95 005965 CUES INC 263375 7/11/2024 1,279.21 047450 DEPT OF INFORMATION SERVICES 263376 7/11/2024 285.00 076172 DK SYSTEMS 263377 7/11/2024 841.18 079268 DOBBS PETERBILT 263378 7/11/2024 972.30 065739 DTG RECYCLE 263379 7/11/2024 15,152.29 007253 DUNN LUMBER 263380 7/11/2024 728.39 007675 EDMONDS AUTO PARTS 263381 7/11/2024 88.39 076610 EDMONDS HERO HARDWARE 263382 7/11/2024 266.24 008812 ELECTRONIC BUSINESS MACHINES 263383 7/11/2024 702.66 009350 EVERETT DAILY HERALD 263384 7/11/2024 24.08 009800 FACTORY DIRECT TIRE SALES 263385 7/11/2024 248.63 009815 FERGUSON ENTERPRISES INC 263386 7/11/2024 10,854.85 012199 GRAINGER 263387 7/11/2024 867.77 012560 HACH COMPANY 263388 7/11/2024 1,012.40 010900 HD FOWLER CO INC 263389 7/11/2024 3,964.74 076240 HM PACIFIC NORTHWEST INC 263390 7/11/2024 501.85 067862 HOME DEPOT CREDIT SERVICES 263391 7/11/2024 1,337.01 067862 HOME DEPOT CREDIT SERVICES 263392 7/11/2024 2,222.46 061013 HONEY BUCKET 263393 7/11/2024 3,885.33 069733 ICONIX WATERWORKS INC 263394 7/11/2024 3,292.01 014940 INTERSTATE BATTERY SYSTEMS 263395 7/11/2024 87.27 079573 JUVVAL TECH LLC 263396 7/11/2024 600.00 074417 LAW OFFICE OF CHRISTIAN SMITH 263397 7/11/2024 1,012.50 075716 MALLORY PAINT STORE INC 263398 7/11/2024 190.90 068489 MCLOUGHLIN & EARDLEY GROUP INC 263399 7/11/2024 1,041.23 020039 MCMASTER-CARR SUPPLY CO 263400 7/11/2024 96.40 020900 MILLERS EQUIP & RENTALL INC 263401 7/11/2024 192.19 064570 NATIONAL SAFETY INC 263402 7/11/2024 795.60 024302 NELSON-REISNER 263403 7/11/2024 372.00 075542 NORTHWEST LANDSCAPE SUPPLY 263404 7/11/2024 61.94 074866 NORTHWEST PLAYGROUND EQUIPMENT 263405 7/11/2024 3,281.85 065720 OFFICE DEPOT 263406 7/11/2024 15.30 Page: 1 Packet Pg. 145 apPosPay Positive Pay Listing 7/11/2024 9:18:07AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 026200 OLYMPIC VIEW WATER DISTRICT 263407 7/11/2024 684.49 075735 PACIFIC SECURITY 263408 7/11/2024 4,233.04 027060 PACIFIC TOPSOILS 263409 7/11/2024 1,443.00 072507 PEACE OF MIND OFFICE SUPPORT 263410 7/11/2024 108.00 074793 PETDATA INC 263411 7/11/2024 131.00 008475 PETTY CASH 263412 7/11/2024 452.99 046900 PUGET SOUND ENERGY 263413 7/11/2024 34.97 071702 RAILROAD MGMT CO III LLC 263414 7/11/2024 1,137.42 062657 REGIONAL DISPOSAL COMPANY 263415 7/11/2024 1,596.70 061540 REPUBLIC SERVICES #197 263416 7/11/2024 1,756.21 064769 ROMAINE ELECTRIC 263417 7/11/2024 159.15 079635 RYAN LLC 263418 7/11/2024 15,000.00 066806 SANDERS, WILLIAM 263419 7/11/2024 99.00 036955 SKY NURSERY 263420 7/11/2024 443.39 078782 SMITH FIRE SYSTEMS INC 263421 7/11/2024 1,426.56 037375 SNO CO PUD NO 1 263422 7/11/2024 22,609.29 006630 SNOHOMISH COUNTY 263423 7/11/2024 5.00 038410 SOUND SAFETY PRODUCTS 263424 7/11/2024 959.94 079185 SYSTEMS FOR PUBLIC SAFETY INC 263425 7/11/2024 19,595.54 040917 TACOMA SCREW PRODUCTS INC 263426 7/11/2024 63.15 067868 TANKNOLOGY INC 263427 7/11/2024 1,437.10 079359 THE WALLS LAW FIRM INC 263428 7/11/2024 25,000.00 073418 TREE SOLUTIONS INC 263429 7/11/2024 1,975.28 067865 VERIZON WIRELESS 263430 7/11/2024 193.05 069751 VESTIS 263431 7/11/2024 230.36 078314 WASTE MGMT DISPOSAL SVC OF OR 263432 7/11/2024 155,719.43 065568 WATER SERVICES NW INC 263433 7/11/2024 59.12 075635 WCP SOLUTIONS 263434 7/11/2024 1,157.40 069691 WESTERN SYSTEMS 263435 7/11/2024 121.10 011900 ZIPLY FIBER 263436 7/11/2024 207.36 GrandTotal: 378,260.25 Total count: 83 Page: 2 Packet Pg. 146 8.5 City Council Agenda Item Meeting Date: 07/23/2024 Mathay Ballinger Park Improvements Construction Contract Approval Staff Lead: Angie Feser/Shannon Burley Department: Parks, Recreation & Human Services Prepared By: Shannon Burley Background/History The proposed improvements to Mathay Ballinger Park include the addition of a permanent restroom, drinking fountain, large picnic shelter, increasing to seven parking spaces, asphalt pathway through the park to provide ADA accessibility to the playground and connection to the paved Interurban Trail and concrete pad and related amenities of benches and picnic tables. (Design drawing attached). This project, approved in the Parks 2023 and 2024 Parks Capital Improvement (CIP) Plan and both 2023 and 2024 Decision Packages, started last year with design, engineering and permitting and this year's work to date includes the installation of the restroom. These improvements will also support the park's future expansion with the adjacent Mee property acquisition. Recently, a competitive bid process was successfully completed for the construction of the project. There were five bidders, three of which were responsive with the lowest bid coming from Accord Contractors, providing an offer of $249,053.74. As customary with public work projects, staff is also request additional spending authority of 10% ($24,900) of Management Reserve for any project unforeseen conditions. Due to the amount of the contract, it requires Council approval. The contract document, approved by city attorney, is attached. The contract was reviewed in the Parks and Public Works Committee on July 16, 2024. The committee recommended the contract be placed on the Consent Agenda July 23, 2024. Staff Recommendation That the City Council authorize, through approval on the consent agenda, the Mayor to execute the attached contract between the City of Edmonds and Accord Contractors, LLC for the sum of $249,053.74 to construct improvements in Mathay Ballinger Park and allocate an additional $24,900 in Management Reserve for unforeseen conditions. Attachments: Mathay Ballinger Park Improvement Drawing Mathay Ballinger Park Improvements Bid Tab Contract for Mathay Ballinger Imp with Accord Packet Pg. 147 8.5.a SE 1/4, SE 1/4, SECTION 31, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. CB RIM=337.76 26"� 26112" F IE 12" RCP(NW)=335.86 ' 7.24 ,/ i t F F M IE 12" RCP(SE)=335.76 X -/ ,FI „ 22 CB RIM=330 71 --_ un 33 ' ,' ' 16' F F IE 12'�RCP(NW)=328.88 ,� / /'F F 14 "x2 IE ,12 CPP(SW)=328.88 EXIST CB / / 26 / � RIM:330.71 � � � / / / IE (12" NW): 328.88 /` / �� IE (12" SW): 328.88' 334 Ole' /'' �� 34 // Q / // ' 'J� ' BRING TO GRADE W/ RISERS? `32 `\ ,/ 1 M � 0 / / J i INST LL SLID ON EXISTING CB CB RIM=327.80 // v�1, / SOLID // F 2 26 4J , I E 12" CPP NE = 324.68 / / �' /'� i / 1E 12 PVC(SW)=324.68 / /'' /' ,/�0 33z F vv / 30 L BBQ F F ,, -I/ // / ,/ ! �' GRILL „ F / T AREA y 26 /� SHED GATE , �� // / / BIKE z8 o v 33 POST / / 95, 481 SF F �� ,' �i RACK ' R.5% 2704�310040280,0/' SHED / /'/' , -J��- - - � 24 \ 0/ CB RIM=326.19 / 6i�r��, //�/ /�G,�1�E/' / //� / /'O,ST/ // \ 32 ,�� / IE 12,� PVC(NE)-_ 323.39 / - 1 E 12" RCP S = 323.39 / / /� �� `.L/ F /lz 68 LF� 6" PVC @ 0.5% 1r / /' o �3 �� ' ' X A i / / / / i / - ! - I;1 / A F3 /19 x2,� / / 12 324.0 Ile �J / /14 'X3 / �36 "x2 Ile 322.27/ 42" 22 , / C3. 26" / /F-- 42 a ,� i Ile/ 34 ' ' �- / / F 0000, / Si / P 1 ' // / S� I I� � ,- 22 / ` I ► i l' I � 9.6' /l i 1 I I I I GRADING AND DRAINAGE PLAN WA WA 320.60 L 321.0- N 88-06'02" E 135. W (C) . I n I CONNECT TO EXISTING STORM %r I I I I I I ---------------------------- / 4. A. ..a . °a.. °.• / d e • :° °• . °• .ad•• 23..5! • ° .° .. aa• . a•. colv�cR•�rE • .. � ° •� 4 °.• d° ° / / \ a ° ° •a, 3 .98 8DEC 44 LF ^ 6" PVC 6/0.5% 4---------------------�----------------- ------- - - - -- ---------\ ` FENCE COR. 0.3' N \\ \\ -40LF:/4"DIP @6.1 OF CORNER HH \ CONNECTO EXISTI\NG�STO M NO CB RIM=319.82 \\ 60LF-6'IDIP@0.5% IE 2" PVC(W)=319.42 \\ )04 00100100 a �20.38 v 00 00491100000803 \\ \ IALTI \\ 3TROOM o I vv .0 \\ -' RESTROOM AND ALL UTILITY STUB \ OUTS PREVIOUSLY COMPLETED BY \\ �I OWNER. UTILITY STUB OUTS INCLUDE / C 36 I SEWER, WATER AND STORM \\ 28 F CB RIM=320.27 `\ COULD NOT OPEN __\-_-_-__ --------------------------------- 135.88'(P) i I I � II LOT 4 I � I I � I WARNER ADDITION I I nT ? VOL. 151 PG. 76 , 20 0 10 20 40 PAVING LEGEND NEW ASPHALT/UTILITY SAWCUT OVERLAY EXISTING ASPHALT NEW CONCRETE CATCH BASIN SCHEDULE MARK TYPE RIM ELEV INV ELEV NOTES TYPE 1 323.80 (6" S): 320.26 2 3 4 C3.3 C3.3 C3.3 TYPE 1 322.90 (6" N): 319.92 2 3 4 (6" W): 319.82 C3.3 C3.3 C3.3 TYPE 1 322.10 (6" E): 319.60 (6" S): 319.50 2 3 4 C3.3 C3.3 C3.3 TYPE 1 321.80 (6" S): 318.71 2 3 4 C3.3 C3.3 C3.3 TYPE 1 320.40 (6" N): 318.58 (6" S): 318.58 2 3 4 C3.3 C3.3 C3.3 TYPE 1 320.50 (12" W): 317.56 (4" E): 317.56 2 3 4 C3.3 C3.3 C3.3 (6" N): 318.10 �7 TYPE 1 320.50 (4" N): 319.0 (4" E): 319.0 2 3 4 C3.3 C3.3 C3.3 (4" W): 319.0 INFILTRATION TRENCH SCHEDULE MARK SIZE TOP BOT INV ELEV NOTES �1 47' x 10' x 2' 321.0 319.0 IE: (6" PERF PVC): 319.50 IE: (4" DIP OVERFLOW): 321.0 5 C3.3 L2 27' x 10' x 2' 320.0 318.0 IE: (6" PERF PVC): 318.50 IE: (4" DIP OVERFLOW): 320.0 5 C3.3 = 4m ENGINES RING, 250 4TH AVE. S., SUITE 200 EDMONDS, WASHINGTON 98020 PHONE (425) 778-8500 FAX (425) 778-5536 25385 SjONAL ' 06/07/24 J Q cn N W d J Z < m Z (� O o3 cn W Z U Q Ln o v Lu a m LLJ\\\ Q O O O c\-I Lr1 l0 r-I O O Y 0' Q DESIGN: JCO DRAWN: ATD CHECK: JPU JOB NO: 23072.001 DATE: 10/27/23 Ld 13- co O ly- U Ld 00 0 J � Z CL Q J = m 00 w 1 ` 0 < p Z =o0 a go E N Ld SHEET: Packet Pg. 148 8.5.b � CITY OF EDMONDS - PreliminaryResults Ojg! Est. 1 ggo PROJECT NAME: Mathay Ballinger Park Improvements Project PROJECT No.: c597.re City No.: 125.000.64.594.76.65.00 Federal Aid: N/A Bid Due Date: 06/28/2024 2PM Base Bid Proposal Signed & Bid Price Filled -In All Addenda Acknowledged Statement of Bidder Qual. & Signed Bid Bond Y - N CONTRACTOR Y _ N Y N Y - N w/ tax page 10 page 11 page 20 1 Inline Security Fence Incomplete Bid No No No No 2 James King Roofing Incomplete Bid No No No No 3 Redpoint Contracting $527,618.72 Yes Yes Yes Yes 4 Accord Contracting $249M53.74 Yes Yes Yes Yes 5 Welwest Contstruction $297,769.87 Yes Yes Yes Yes H:\Projects\Capital Projects\Mathay Ballinger Park\Bid Tab\Mathay Ballinger Park Improvements Bid Tab Sheet 1 of 1 Packet Pg. 149 8.5.c CITY OF EDMONDS SMALL WORKS CONTRACT (For Use Only on Contracts of $300,000 or less) Contract Title: Mathay Ballinger Park Improvements Project No. (if applicable): C597.re Contract Price: Item 1: $ 216,888.00 Item 2 $ 1,000.00 Item 1A: $ 7,500.00 Sales Tax (10.5%): $ 23,665.74 Total: $ 249,053.74 Contractor: Name: Accord Contractors, LLC Address: 12826 SE 49th LN, Suite 204 Bellevue, WA 98006 Phone No: 425-754-6759 Email: keith@accordcontractors.com State in which firm was incorporated or where business entity was formed: Firm has a physical location in Washington State (yes/no): The City shall award a contract based on the lowest acceptable bid for one, all or a combination of the bid schedules in the contract proposal. The combination of bid schedules awarded shall be at the sole discretion of the City. Pursuant to the provisions of RCW 39.04.380, if a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage will be applied to the bid of that nonresident contractor. THIS AGREEMENT is made and entered into by and between the City of Edmonds, a municipal corporation (the "City") and Accord Contractors, LLC (the "Contractor"). In consideration of the payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree to the following: Page 1 Packet Pg. 150 8.5.c Scope Of Work. The Contractor shall furnish all materials, equipment and labor to complete the scope of work set forth in Attachment A, attached hereto and made a part hereof by this reference. The most recent version of the Washington State Department of Transportation (WSDOT) and APWA Standard Specifications for Road, Bridge and Municipal Construction are the specifications for the project, including the General Requirements, Technical Specifications (Divisions 2 through 9) and Edmonds Standard Details, except as amended, modified, clarified, deleted or expanded in Attachment A. In addition, the following documents, including but not limited to all obligations, plans, specifications, standards and requirements therein, are hereby incorporated in this agreement by reference: Bidder Responsibility. The prime contract bidder shall be qualified pursuant to RCW 39.04.350, and shall submit with the bid a completed and signed Statement of Bidder Qualification form, a copy of which is included in Attachment B. Contract Price. The Contractor shall perform the work for the price set forth above. Duration of Agreement. The term of this Agreement shall commence upon execution by the parties. All work under this Agreement shall be completed within 40 working days from the City's issuance of the Notice to Proceed (NTP). Performance Bond. As required under Chapter 39.08 RCW, the Contractor shall provide the City a performance bond (Attachment C) for the full contract amount plus increases covered by change orders issued by the City under this Agreement. The Contractor may choose to provide alternatives to a performance bond when permitted under RCW 39.08.010. Prevailing Wages. The Contractor shall pay prevailing wages in accordance with Chapter 39.12 RCW. A completed Statement of Intent to Pay Prevailing Wages must be submitted to the City for the prime contractor and each subcontractor prior to the first payment. A completed Affidavit of Wages Paid must be submitted to the City for the prime contractor and each subcontractor prior to final payment and/or release of retainage. Labor And Industries Insurance. The Contractor's industrial insurance (workers' compensation) premium status shall be current with the Washington State Department of Labor and Industries prior to commencement of work under this Agreement and shall be maintained current for the duration of the Agreement. Retainage. An amount of five percent (5%) of moneys earned by the Contractor may be retained by the City until all requirements under Chapter 60.28 RCW are completed, including satisfactory submittal of all required Affidavits of Wages Paid and verification of current Labor and Industries industrial insurance premium status. Page 2 Packet Pg. 151 8.5.c Defective or Unauthorized Work. The City reserves the right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" means all reasonable costs incurred by the City, including legal costs and attorneys' fees, beyond the maximum contract price under this Agreement. The City further reserves the right to deduct the cost to complete the work, including any additional costs, from any amounts due or to become due to the Contractor. Warranty. The Contractor shall correct all defects in workmanship and materials within one year from the date of physical completion. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the correction and the Contractor shall pay all costs incurred by the City to accomplish the correction. Hold Harmless. The Contractor shall perform all work at the Contractor's risk and the Contractor expressly agrees to hold harmless and indemnify the City, its officers, agents and employees from any and all claims, liability, loss, or damage(s), including costs and reasonable attorneys' fees for defense of the same that the City may suffer as a result of claims, liability, loss, or damages to any and all persons or property, costs, or judgments against the City which result from, arise out of, or are in any way connected with the work to be performed by Contractor under this Agreement. This expressly includes any and all claims by employees, subcontractors and assignees of Contractor for which Contractor would have immunity under the Workers Compensation Act for purposes of this indemnification only. The foregoing waiver was mutually negotiated by the parties. Insurance. The Contractor shall procure and maintain at its expense during the term of this Agreement general liability insurance in the minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage; automobile liability (bodily injury and property insurance) in the minimum amount of $1,000,000; and statutory worker's compensation. The Contractor agrees to furnish the City with a Certificate of Insurance as proof of the appropriate insurance coverage listed above prior to the commencement of any work under this Agreement. The Contractor shall provide the City with additional insured endorsements naming the City of Edmonds, its officers, agents and employees as additional insured for all relevant policies called for herein. Termination. In addition to any other termination provision in the aforementioned Standard Specifications or applicable law or rule, the City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: 1. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the work. 2. The Contractor's failure to complete the work within the time specified in this Agreement. Page 3 Packet Pg. 152 8.5.c 3. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. 4. The Contractor's failure to comply with any federal, state, or local laws, regulations, rules, or ordinances. 5. The Contractor's filing for bankruptcy or being adjudged bankrupt. If the City terminates this Agreement for good cause, the Contractor shall not receive any further monies due under this Agreement until the contracted work is completed. DATE: , 2024. CITY OF EDMONDS CONTRACTOR By: Mike Rosen, Mayor (Signature) Printed Name: Title: OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: I declare under penalty of perjury under the laws of the State of Washington that the following is true and correct: The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date June 14, 2024 the bidder is not a "willful" violator, as defined in RCW 49.48.082, or of any provisions of chapters 49.46, 49.48, or 49.52 RCW as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. Signed on the day of , (date) (month) (year) At , (city/other location) (state or country) Signature: Printed Name and Title: Business Address: Business Telephone: Page 4 Packet Pg. 153 8.5.c ATTACHMENT A SCOPE OF WORK Project Scope: The successful bidder shall be required to furnish the necessary equipment, materials, and labor. All of the below shall be accomplished in accordance with these bid documents, plans, and specifications. Engineer's Estimate $225,000.00 The project covered by these specifications and bid documents is generally described as follows: Bid Item I — Mathay Ballinger Park Improvements • All electrical work as shown on the electrical plans provided by Design West Engineering. • All work as shown on the Civil plans provided by CG Engineering • All permits needed for electrical work. The City of Edmonds does not perform electrical inspections. All electrical permits will be through L&I. • Installation of utilities, including water, power, sewer, and stormwater facilities. Note: the restroom utility stub outs for drainage, water, and sewer are by -owner. Contractor will be responsible for connecting from existing stubbed out restroom utilities to city utilities. • Installation of an asphalt shared -use pathway. • Connection to existing trail. • Connections to existing utilities. • Installation of extruded curb. • Channelization of parking stalls. • Installation of concrete slabs for picnic table and benches. • Relocate existing park entrance sign. • Import and excavation of cut and fill materials as needed. • Installation of (3) bollards — location and material. • Restoration of site to pre -construction conditions including sweeping, site cleanup, & vegetation/turf. • Survey work including field staking, elevation hubs. Bid Item 2 — Trench Safety Systems • Supplying trench safety systems as needed per RCW 39.04.180. Bid Item I — Bid additive for Concrete Pavilion Foundation • Installation of a concrete pavilion foundation per the Romtec plans and specs in the location show on the Civil Plans supplied by CG Engineering. • The pavilion structure and installation of the pavilion structure are not part of this scope. • Grading around perimeter of slab foundation to 4% of less. • Restoration of site to pre -construction conditions including sweeping, site cleanup, & vegetation/turf. 1 Packet Pg. 154 8.5.c STATEMENT OF BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDEIt PURSUANT'i'O RCW 39,04.350 Name of Contractor Accord Contractors LLC� __...... Address: 12826 SE 40th LN Ste 244 Bellevue_ WA 98006 _.- Phone Number: 425-754-6759 Fax Number: 1-425-336-0369 Washington State Dept. of Labor and Industries Worker's Compensation Account No: 261,071-00 Washington State Dept. of Licensing Contractor's Registration Number: _ACCOR L906CB Expiration hate: 2/02/2026 Washington State Uniform Business Identifier No. 602 700 903 (Ivfust have before UBI number before the contract is awarded.) Number of years the contractor has been engaged in the construction business under the present firm name above: 25 At the time of bid submittal, did the contractor have a certificate of contractor registration in compliance with Chapter 18.27 RCW, a plumbing contractor license in compliance with Chapter 18.106 RCW, an elevator contractor license in compliance with Chapter 70.87 RCW, or an electrical contractor license in compliance with Chapter 19.28 RCW, as required under the provisions of those chapters? Yes - General Contractor Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? Yes Does the contractor have an employment security department number as required in Title 50 RCW? (provide number): 000-014845-00-8 Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number): 26-4721753 Has the contractor been disqualified from bidding on any public works contract under RCW 39.06,010 or 39.12,065(3)? No If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, has the contractor been found out of compliance by the Washington State Apprenticeship and 'Training Council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation? No Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f)? No - Exempt Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? Nn Pursuant to RCW 39 06.020, contractor further agrees to verify responsibility criteria for ., each of its subcontractors and to require each of its subcontractors to both verify responsibility criteria for its Page 18 Packet Pg. 155 8.5.c subcontractors and include instant condition for verification requirement. STATEMENT OF SUPPLEMENTAL BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDER PURSUANT TO RCW 39.04.350 1. At the time of bid submittal, does Contractor owe delinquent taxes to the Washington State Department of Revenue? No If yes, does Contractor have a payment plan approved by the Department of Revenue? 0_1_k 2. Is Contractor currently debarred or suspended by the federal government? No 3. Has Contractor complied with all applicable minority and women's business enterprises, disadvantaged business enterprises, and other similar utilization requirements or goals on federally -funded public works projects with such requirements within three years of the bid submittal deadline? Yes . If no, please state any extenuating circumstances regarding this issue. . it A 4, Is Contractor listed as an ineligible contractor on the federal GSA Excluded Parties List System set forth by 31 U.S.0 § 6101 and Executive Order 13496? ^No 5. Has Contractor been convicted of a crime involving bidding on a public works contract within five years of the bid submittal deadline? No 6. Subcontractor Responsibility Requirements: a) Does Contractor's standard subcontract form include the subcontractor responsibility language required by RCW 39.06.020? yes b) Does Contractor have an established procedure to validate the responsibility of each of its subcontractors? Yes c) Does Contractor's subcontract form include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub -tier subcontractors with which it contracts are also "responsible" subcontractors as defined by RCW 39.06.020? Yes 7. Does Contractor have a record of excessive claims filed against the retainage or payment bonds for public works projects within three years of the bid submittal deadline? No.... If yes, please state any extenuating circumstances regarding this issue I A- 8. Has Contractor successfully completed projects of a similar size and scope as required by the contract documents for this project? Yes . Page 19 Packet Pg. 156 8.5.c If yes, please provide information on such project(s) and contact information for each contracting agency_ f 1 r 14 Please note: In evaluating whether projects were successfully completed, the City may check owner referencesfor previous projects and evaluate the owner's assessment of bidder performance, including but not limited to quality control, safety record, timeliness of performance, use of'skilled personnel, managentent of subcontractors, availability of and use of appropriate equipment, compliance with contract documents, and rnanagentent of submittals process, change orders and close-out. 9. Has Contractor had a public works contract terminated for cause by a government agency within five years of the bid submittal deadline? —2. If yes, please state any extenuating circumstances regarding this issue. 10. Has Contractor had judgments entered by a court of law against it within five years of the bid submittal deadline that demonstrate a pattern of failing to meet the terms of contracts? No If yes, please state any extenuating circumstances regarding this issue. 11. Does Contractor have a documented pattern of prevailing wage complaints filed against it within five years of the bid submittal deadline that demonstrates a failure to pay workers prevailing wages? No . If yes, please state any extenuating circumstances regarding this issue. /Gcp(d Cp,,f� ccord Contractors, LLC CIOTrc"�� 'Ocoo Adder Company (Contractor) Nance m 2Qe�4 n Sigraatin•e �. a i g Member Date Page 20 Packet Pg. 157 8.5.c Mathay Ballinger Park Improvements Project RESPONSE TO # 8 -- Job List Agency/Owner: Snohomish County PUD Project Title: SWR — Operations Center Transformer Access Walkway Contact: Sharon Christie Telephone: 425-783-5564 Date: Sept 2022 Cost: $117,058 Scope: To construct a walkway and platform to provide access to transformers and switches located on a hill on the west side of the DISTRICT'S Operations Center. The walkway will require approximately 100 feet of thickened -edge concrete sidewalk, along with 25 feet of normal sidewalk, and a 400 square foot concrete pavement access platform. A removeable safety railing will also be included in the scope of work. Agency/Owner: HASCO — Snohomish Housing Authority — Millwood Estates Project Title: Operations Center Transformer Access Walkway Contact: Jackie VanAssche Telephone: 425-293-0555 Date: Dec 2022 Cost: $213,777 Scope: Replacement of concrete walkways, mailboxes, and stairs/rails Agency/Owner: Magnolia Chamber of Commerce Project Title: Magnolia -Phase 3 Contact: Don Gilmore Telephone: _ITD -1c) Date: June 20024 Cost:E,c�c`x= Scope: Sidewalk/curb demo and installation, tree well prep, flower pole footing installation and pole erection, bench bike rack and table installation. Agency/Owner: City of New Castle Project Title: Lake Boren Crosstown Trail Contact: Dave de la Cruz Telephone: 425-386-4110 Date: May 2023 Cost: $ 2,073,120 Scope: create pedestrian circulation elements along the southern end of Lake Boren. This includes 2 viewing areas, approximately one acre of habitat enhancement/restoration, an information kiosk, approximately 300 lineal feet of elevated boardwalk, and 300 lineal fee of pathways on terra firma. Agency/Owner: City of Snohomish Project Title: City of Snohomish Pine Avenue Sidewalk Repair Project Contact: Yoshihiro Monzaki Telephone: 360-282-3161 Date: June 2023 Cost: $68,719 Scope: consists of clearing, grubbing, tree root removal, vegetation trimming, grading, filling, traffic control, erosion control, concrete construction, miscellaneous surface restoration, and other related items I Packet Pg. 158 8.5.c ATTACHMENT C PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the CITY OF EDMONDS, WASHINGTON, has awarded Accord Contractors, LLC, hereinafter designated as the "Principal," a contract for the construction of the Mathav Balling Park Improvements project, which consists of Invitation to Bid, referenced Standard Specifications, Technical Specifications, Plans, Accepted Proposal and Agreement, all as hereto attached and made a part hereof, and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance and payment of said contract. NOW, THEREFORE, we the principal and , a corporation, organized and existing under and by virtue of the laws of the State of , and duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the CITY OF EDMONDS and the State of Washington, for and in behalf of Mathav Ballinger Park Improvements in the sum of Two Hundred Forty -Nine Thousand Fifty -Three Dollars and Seventy -Four Cents ($249,053.74) lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly, severally and firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, on his or their parts, and shall indemnify and save harmless the CITY OF EDMONDS, WASHINGTON, its officers and agents, and shall further save harmless and indemnify said CITY OF EDMONDS, WASHINGTON from any defect or defects in any of the workmanship or materials entering into any part of the work or designated equipment covered by said contract, which shall develop or be discovered within one year after the physical completion of such work, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, provided that the liability hereunder for defects in materials and workmanship for a period of one year after the physical completion of such work. THE SURETY, for value received, further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in any way affect its obligation on this bond, and the Surety does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. Packet Pg. 159 8.5.c The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to the Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each of which shall be deemed an original, this day of 2024. Principal By Title TWO WITNESSES ATTEST (if corporation) Surety By Title Its Address of local office and agent of surety company is: APPROVED AS TO FORM Office of the City Attorney Packet Pg. 160 8.6 City Council Agenda Item Meeting Date: 07/23/2024 Car Show & Oktoberfest Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The Council authorizes event agreements on behalf the City of Edmonds. To date the City Council has authorized Special Event Agreements for SpringFest, Market, Edmonds Arts Festival, 4th of July and Taste Edmonds. City Staff presented the event agreements for the Car Show and Oktoberfest to the Parks and Public Works Committee on July 16, 2024. The committee members recommended it be placed on the Consent Agenda July 23, 2024. Staff Recommendation Staff recommends the City Council support the event agreement between the City of Edmonds and the Greater Edmonds Chamber of Commerce for the Car Show and the event agreement between the City of Edmonds and the Edmonds Rotary Club for Oktoberfest. Approval on Consent Agenda will authorize the Mayor to sign the contracts. Narrative The event agreements are very similar to agreements in previous years with the biggest change being Oktoberfest relocating from the Frances Anderson Center to Civic Park. Each event producer is required to follow the COVID guidelines set forth by the State of Washington and the Snohomish County Health Department at the time of the event and all South County Fire regulations for public events. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Human Services, Economic Development and Risk Management (HR)) and are approved as to form by the City Attorney. Classic Car Show Event Agreement (attached): This one -day event will be held on Sunday, September 8, 2024 and is largely the same as in previous years. The event will utilize several streets downtown to showcase classic cars. The event is free and open to the public. The Chamber will pay for one officer to be on -site throughout the day. New this year is an expanded beer garden and music area at Centennial Plaza. Some alterations to the load in process have been made at the request of Police and Streets. The Chamber is required to comply with all noise ordinances, COVID guidelines and recycling/composting ordinances throughout the events. Further they are required to provide sufficient ADA parking, comply with Fire Marshall festival guidance, allow for freedom of speech and ensure the Packet Pg. 161 8.6 public spaces be left in good condition. Oktoberfest (attached): This two-day event takes place on Friday, September 13th and Saturday, September 14th at Civic Park. The event is free and open to the public with the only admission fee being to enter the 21+ beer garden area. The children's area, pet parade, vendor and food areas are accessible to the public free of charge. This event is the Edmonds Rotary Club's big annual fundraiser. The Rotary is required to comply with all noise ordinances, COVID guidelines and recycling/composting ordinances throughout the events. Further they are required to provide sufficient ADA parking, comply with Fire Marshall festival guidance, allow for freedom of speech and ensure the public spaces be left in good condition. Attachments: 2024 Classic Car Show Event Agreement 2024 Oktoberfest Event Agreement Packet Pg. 162 8.6.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND THE GREATER EDMONDS CHAMBER OF COMMERCE THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the "Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has for many years held a public event known as the Edmonds Classic: Car & Motorcycle Show ("Classic Car Show" or "Event"); and WHEREAS, the City Council finds that the "Classic Car Show" provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City: 1.1 City will provide use of the following surfaces by Chamber for the Classic Car Show as shown in Exhibit A (hereinafter referred to as the "City -Provided Site") and Exhibit B: i."Center Round" at the fountain in downtown Edmonds at 5th Ave. N and Main St., ii.Main St. from the East side of its intersection with 3rd Ave. to the West side of its intersection with 6th Ave., iii.4th Ave. from the South side of its intersection with Bell St. to the South side of its intersection with Dayton St. and approximately 100 feet south down 4th Ave., iv.51h Ave. from the North side of its intersection with Walnut St. to the North side of its intersection of the northern leg of Bell St., v.Dayton St., from the East side of 41h Ave. to 529 Dayton St., vi.City Hall parking lot located immediately South of the City Hall building at 121 5" Ave. N and the parking lot under City Hall, vii.On street parking spaces on 5th Ave N from Bell St. to Seville driveway, 217 5th Ave N (west), and Bell St. to the Public Safety parking lot access midblock (east). viii.Bell St. 6th Ave. N. to 5th Ave. North to include both portions of the Y in the street. ix.Centennial Plaza Packet Pg. 163 8.6.a 1.2 City will place "no parking" signs a minimum of 72 hours before the Event, which is scheduled for Sunday, September 8, 2024, so as to clear the City -Provided Site of all vehicles from 2:00 a.m. on the date of the Event until 7:00 p.m. on the same day. The Main and 5th closure to the most northern portion of Bell will be until 8:00 p.m. 1.3 City will provide barriers near the following locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit A: 1.3.1 Pine St. and 5th Ave. S to close 5th Ave. S. North to Howell St., Will reopen by 10:30 a.m. following registration. 1.3.2 Howell Way and 5th Ave. S to close 5th Ave. S. North to Walnut St., will reopen by 11:00 a.m. following registration. 1.3.3 Howell Way and & 5th Ave S east of entrance to Ace Hardware Parking complex to prevent access to 5th Ave S. 1.3.4 Beck Ln. and 5th Ave. S to prevent access to 5th Ave. S. 1.3.5 Alder St. and 5th Ave. S to prevent access to 5th Ave. S. 1.3.6 Maple St. and 5th Ave. S to prevent access to 5th Ave. S. 1.3.7 4th Ave. S between Dayton St and Walnut St. to close 4th Ave. S south of Dayton St. 1.3.8 Dayton St. West of 4th Ave. S to close Dayton St. 1.3.9 Dayton St. immediately east of 529 Dayton St. to close Dayton West of this point. 1.3.10 Main St. and 6th Ave. N to close Main St. west of 6th Ave. N. 1.3.11 5th Ave. N and the Alley between Bell St. and Main St. (local access only) to prevent access to 5th Ave. N. 1.3.12 5th and the Alley between Main St. and Dayton St. to close 5th Ave. S to prevent access to 5th Ave. S. 1.3.13 Alley between 4th Ave. N and 5th Ave. N at Bell St. to block traffic from entering Main St. 1.3.14 Main St. and 3rd Ave. N to close Main St. east of 3rd Ave. N. 1.3. l 5 4"" Ave. N and Bell St. to close 4"" Ave. N South of Bell St. 1.3.16 Alley between 3rd Ave. N and 4th Ave. N on Main St. to prevent access to Main St. 2 Packet Pg. 164 8.6.a 1.3.17 Alley between 3rd Ave. S and 4th Ave. S on Main St. to prevent access to Main St. 1.3.18 5th Ave. N and Bell St. to close 5th Ave. N and Bell St. (See exhibit B). 1.3.19 6th Ave. N & Bell St. to prevent access to Bell St. 1.4 The intersection of 5th Ave. South at Walnut St. will remain open to general traffic east and west, but access will be controlled and may be limited to allow for safe staging of Event vehicles. There will be an Event volunteer at the intersection to designate which vehicles will be part of the Event and aid east and west traffic through the intersection. Barricades provided to prevent access to 5th Ave S north of Walnut once registration closes. 1.5 City shall arrange for one police officer to work the Event from approximately 7:00 a.m. until the conclusion of the Event (exact times to be decided mutually between the Chamber and the Edmonds Police Department). Chamber will be responsible for paying the actual cost of the overtime wages incurred by the City of the police officer. 1.6 City will deliver barriers so as to allow Chamber to position such barriers at 6:00 a.m. the day of the Event. The number of barriers left by City at each of the - twenty (20) locations will be sufficient to provide adequate street closure. 1.7 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 2. Responsibilities of the Chamber: 2.1 On the day of the Event, Chamber will place traffic cones on the center -dividing line of 5th Ave. S. between Pine St. and Walnut St. from 6:00 a.m. until 11:00 a.m. 2.2 Chamber will remove barriers at 7:00 p.m. to reopen intersections after first checking with the officer on duty and receiving confirmation that it is safe to do so. 2.3 Police, Fire, and Public Works will meet with Chamber of Commerce officials to resolve any remaining or potential issues of traffic control and barricades prior to the Event but will have no authority to waive the requirements of City ordinance or state law. 2.4 Chamber will establish a sixteen -foot (16') fire lane down the middle of each street on which Classic Car Show cars will be parked for emergency vehicle access throughout the day of Event. Chamber car show staff and ambassadors will ensure that no cars encroach upon this fire lane. 2.5 All use and configuration of structures, booths and other temporary facilities used in the Event must comply with the "Food Vendor & Festival Requirements" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities will be inspected and reviewed by Edmonds Fire Marshal, Police Packet Pg. 165 8.6.a Chief, Building Official and Parks, Recreation and Human Services Director ("Parks Director") or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., September 8, 2024, as the Parties will agree and note all potential problems. Prior to the opening of the Event, Chamber will correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel such Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property appears. 2.6 Chamber will provide a fire watch for all times in and around the booths and displays open to the general public as a part of this Event. 2.7 Chamber will obtain and note on the back of the Classic Car Show registration card, which is posted on the dashboard of cars on display, at least one cell phone number for the car's owner, to allow the Chamber to contact the owners when away from their cars. 2.8 Insurance: The Chamber shall provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Chamber's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Chamber's insurance coverage will be primary insurance as respect the City of Edmonds. Any insurance, self- insurance, or self -insured pool coverage maintained by the City of Edmonds will be excess of the Chamber's insurance and will not contribute with it. In the event the Chamber's employees and/or volunteers provide the service of alcohol at the Event, the Chamber's General Liability insurance will also include host liquor liability coverage. However, if the Chamber contracts with a third -party vendor or vendors to provide all service of alcohol, the Chamber will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Chamber's Certificate of Insurance. The Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.9 The Chamber agrees that the Classic Car Show is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, Packet Pg. 166 8.6.a parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at City - Provided Site during the Classic Car Show to exercise therein their protected constitutional right to free speech without interference. 2.10 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.11 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.12, below). 2.12 Pursuant to the provisions of Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Chamber will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. The Chamber will ensure that on -site collection containers are serviced properly and continually during the Event. A Chamber representative will meet with the City's Recycling Coordinator or representative prior to August 15, 2024, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.13 Indemnification: The Chamber will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.14 The Parties acknowledge that pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within twenty-five (25) feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose s Packet Pg. 167 8.6.a of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.15 Chamber will provide any and all security services necessary to reasonably secure the area and facilities provided, including the City -Provided Site. City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by Chamber or the participants in this Event. 2.16 Chamber will provide sufficient wash stations and approximately five (5) sani-cans that may be placed on site the night preceding the Event. Garbage service will be contracted and paid for by Chamber. Chamber will place thirteen (13) garbage and recycle containers around downtown for garbage collection. 2.17 Upon completion of the Event, Chamber will make adequate provisions for the cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements will be completed by 7:00 p.m. on that day. Cleanup of sidewalks will be completed by 11:00 p.m. on that day. Cleanup areas include the City -Provided Site as described in Section 1 and all streets immediately surrounding the Event perimeter. A final inspection of the Event area will be conducted by a designated City official to determine if all areas are clean and returned to their original condition. For purposes of marking sidewalk or asphalt, Chamber agrees to use a temporary, water soluble, environmentally friendly material, further Chamber will make best efforts to minimize the markings used on sidewalks and streets. 2.18 Chamber will pay City all permit fees for the above -mentioned facility use and services at least ten (10) days prior to the Event, and will reimburse City for the actual costs of supplies or services furnished by City (excluding those agreed to in Section 1) within thirty (30) days of mailing of a final bill by the City, provided such supplies and services are approved and listed by all Parties to this Agreement in a signed addendum to this Agreement prior to the date which they purport to be required. 2.19 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.20 Chamber will provide "no parking" signs to the City no later than September 1, 2024. 2.21 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President of the Chamber. Packet Pg. 168 8.6.a 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. 3.5 Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement will not constitute a waiver of any other provision. 3.6 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Chamber will constitute a breach of this Agreement. In the event the Chamber fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Chamber violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Chamber twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks Director may order the Chamber to cease operation of the Event hereunder immediately at any time should the Parks Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be 7 Packet Pg. 169 8.6.a terminated, the Chamber will have no further rights hereunder, and the City may require the immediate removal of all property of the Chamber and its vendors from the City - Provided Site. DATED this day of 2024. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Ryan Crowther, President and CEO Packet Pg. 170 Exhibit A City Provided Site and Traffic Control Plan - 2024 - CUSSM CAR a HOTO 3C YCLE SHOW Swzda�� Sept. 8 ,,, edmonds St Mr a + Bell St. ar + D a Sr Q < r (� z s St `''� Main St UMx Vehicle Display Registration Holding/ Check -in. Closed to non-event vehicles 5am-11am Opens to Public by 11am Reserved Show Car Trailer Parking Reserved Sponsor / Vendor Parking Live music, awards, beer garden @Centennial Plaza Taste Presents Event Space ORestroom -Ph0 T X D 016a. Dayton St x < xxx CIN N 0 � D (D �:Aaple St rn X S D I 0 I� CoX ,Ider St Ox deck Ln Volunteers & Chamber staff manage to Walnut X�� allow through traffic. XX«� w a D (D W cn Q J Howell to Walnut closed 5am-11am lomeland D Pine to Howell closed 5am-10:30am lemlock Way Seamont Ln t: `X Pine St. Registration Entrance 5th Ave S & Pine St. (D rn Forsyth Ln 9 Packet Pg. 171 8.6.a Exhibit B Beer Garden Layout Stage Bell St X(X Streets Closed I 21+Zone Barricade "bike rack" Fencing Monitored Entry/Exit OID Check Beer&Wine Tent I' 1I0 Footl Trucks Generator i Main St ON m z Mair a W 0 O 06 O Z co L V Packet Pg. 172 Exhibit C 8.6.a REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 173 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.6.a SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 174 8.6.a Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 175 8.6.a Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ c • Number of tanks: L • Size of tanks: a • Date last inspected: (Annually) w> • Date of last hydro: 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ • Last test date: o 6. LP shut off valves installed and accessible. ❑ ❑ ❑ 3 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ secured with a non-combustible strap or chain in an Cn upright position and protected from impact. 0 CNG Systems PASS FAIL N/A c E 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ a� size less than 1300 pounds. (1 W = 8 lbs) Q • Number of tanks: • Size of tanks: w • Tank expiration date(s): o • Date last inspected: N (Every 3 years) L • Date of last hydro: y 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ • Last tested date: N CD N Portable Fire Extinguishers PASS FAIL N/A C E 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ deep fat fryer or solid fuels). a • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 176 8.6.a 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced (Annually) Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. a 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ allowed during cooking operations and only when the w electric generators and internal combustion power sources N are not in use. a� 0 Keep Required Documentation in Your Food Truck o Please ensure you keep a copy of the following documents in your truck. You may be asked to 06 3 produce these at any time by a fire department inspector. M • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. E • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 177 8.6.a Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 178 8.6.a • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 179 8.6.a Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 180 Train Your Food Truck Staff on These Fire Safety Basics: 8.6.a • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 181 ATTENTION. 8.6.a Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® it cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 182 8.6.a Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 Packet Pg. 183 8.6.a I CERTIFICATE OF LIABILITY INSURANCE I DATE( O1/16/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carol DuClOs Scott M. Campbell PHONE THM 600 Main Street, Ste. A INC, No Ext: (425) 775-6446 A/C No: (425) 640-922° E-MAIL Edmonds WA 98020 ADDRESS: info@insuranceservicesgroup.com INSURER A: Western National Mutual Insuranc INSURER B : INSURED Greater Edmonds Chamber of Commerce INSURER C : INSURERD: 121 5th Ave N Edmonds WA 98020 INSURERE: (425) 670-1496 INSURERF: COVERAGES CD CERTIFICATE NUMBER: Cert ID 10470 (4) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT R LTR TYPE OF INSURANCE ADDLSUBR INSD AND POLICY NUMBER POLICY Y MMDD YYY POLICY Y MMDD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C CLAIMS-MADE � OCCUR Y CPP129583101 09/01/2023 09/01/2024 DA AGE TO PREMSES E.occurence $ 100,00C _7RENTE MED EXP (Any one person) $ Excludec PERSONAL & ADV INJURY $ 11000,00C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00C X POLICY PRO JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,00C $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00C BODILY INJURY (Per person) $ * ANY AUTO CPP129583101 09/01/2023 09/01/2024 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTYDAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY A X UMBRELLA LIAB OCCUR UMB104981201 09/01/2023 09/01/2024 EACH OCCURRENCE $ 2,000,00C AGGREGATE $ 2,000,00C EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ 10,00C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below $ E.L. DISEASE - POLICY LIMIT A Liquor Liability CPP129583101 09/01/2023 09/01/2024 $ 1,000,00C DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE Edmonds Classic Car & Motorcycle Show September 8, 2024. 4:00am - 10:00pm City of Edmonds as additional insured, if required by written contract, per form CG MU 1078 12 20. N C d E W N Q C W W r N d W O 0 3 O t co L R L) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II City of Edmonds ACCORDANCE WITH THE POLICY PROVISIONS. 121 5th Ave N AUTHORIZED REPRESENTATIVE Edmonds WA 98020 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 184 Page - of - 8.6.a COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction Additional Insured — Broad Form Vendors Additional Insured — Lessor Of Leased Equipment Additional Insured — Managers Or Lessors Of Premises Additional Insured — State Or Political Subdivisions — Permits Additional Insureds By Written Contract Broad Form Property Damage Broad Knowledge/Notice Of Occurrence Damage To Premises Rented To You Designated Location(s) — General Aggregate Limit Employee Bodily Injury To A Co -Employee Insured Contract Amended Medical And Dental Payments Mobile Equipment Non -Owned Watercraft Occupational License Review Expense Property Damage Liability — Borrowed Equipment Property Damage Liability — Elevator And Sidetrack Agreement Supplementary Payments Increased Limits Bail Bonds Loss Of Earnings Per Day Unintentional Failure To Disclose Hazards Waiver Of Transfer Of Rights Of Recovery Against Others To Us $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Included Included Included Included Included $25,000 Per Occurrence Included $300,000 Any One Premises Included Included Included $10,000 Medical Expense Limit Included 51 Feet $2,500 Per Review/$5,000 Aggregate $25,000 Occurrence/$50,000 Aggregate Included $2,500 $1,000 Included Included CG MU 1078 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 185 8.6.a The terms and conditions of this policy are amended as indicated below: I. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. II. Damage To Premises Rented To You Under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through In. do not apply to "Property Damage" to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III — LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A & B, are revised as follows: 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV. Medical And Dental Payments Under SECTION I — COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I — COVERAGE A, Exclusion 2J. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer's property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 186 8.6.a VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the "insured" for reasonable and necessary covered expenses, as listed below, incurred and paid by the "insured" as a direct result of a "occupational license review", conducted by a governmental bureau, board, commission or department, occurring during the policy period and in the "coverage territory". a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the "insured" for the purpose of assisting or representing the "insured" at the "occupational license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear before the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the "occu- pational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal acts of the "insured", any director or officer of the "insured", or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any "insured" while preparing for or attending the "occupa- tional license review". 2. For the purposes of the coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regard- less of the number of "insureds" reviewed or subject to the "occupational license review". b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all cov- ered expenses for each policy period. c. In the event that the "occupational license review" continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the license review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as expense for another `occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a "occupational license review" during the policy period, the "insured" will: (1) Make every reasonable effort to give us immediate written notice and timely updates concurrent with activity regarding the "occupational license review"; (2) Provide us with the official report of the "occupational license review"; and (3) Provide us with documentation, including receipts, for expenses claimed under this coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 187 8.6.a 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, but does not include leased or temporary workers or volunteers. "Insured" does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. "Insured" only includes natural persons. b. "Occupational license review" means a formal or informal proceeding conducted by a governmental bureau, board, commission or department charged with regulating the "insured's" occupational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupa- tional license or involving disciplinary action against the "insured", including proceedings to impose a forfeiture or penalty; but "occupational license review" does not include a proceeding concerning any criminal or civil charge brought against the "insured". VII. Abduction The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or "Guardian(s)" as a direct result of an "abduction" occurring during the policy period and in the "coverage Territory", provided that such "abduction" is otherwise the subject of this endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individual(s)"; or b. Discovery of the death of the "Covered Individual(s)"; or c. Twelve (12) months after the date of the "abduction". Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior con- sent to the use of such independent investigative services; and b. Reward to an "Informant" for information leading to the recovery of the "Covered Individual(s)" and the arrest and conviction of the party(ies) responsible for the "abduction"; and c. Fees and expenses of independent forensic analysts engaged by the insured or "Guardian(s)" with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the "Covered Individual(s)"; and e. Publicity costs incurred solely and directly to assist in the resolution of an "abduction"; and f. Costs of travel and accommodations incurred by the insured or "Guardian(s) while attempting to resolve an "abduction"; and g. Rest and rehabilitation expenses including travel, lodging and meals of the "Covered Individual(s)" and "Guardian(s)" incurred by the "Guardian(s)" and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not exceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate including the average bonuses and commissions, that the "Guardian(s)" would normally have earned; and i. Fees for psychological or psychiatric counseling for the benefit of "Guardian(s)", or siblings of the "Cov- ered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)", until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the "Covered Individual(s)"; or (2) Twelve (12) months after the date of the "abduction"; and CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 188 8.6.a Fees for psychological or psychiatric counseling for the benefit of "Covered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the "Covered Individual(s)" as a result of the "abduction" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and Funeral and burial expenses of "Covered Individual(s)" resulting from an "abduction". 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any "Insured", any director or officer of the "Insured", parents or "Guardian(s)" or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hearings or lawsuits arising out of the "abduction"; or c. Payment of any "ransom" or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring "suits". 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act error or event or a series of related acts, errors or events shall be treated as arising out of one "abduction". However we will not pay for any loss resulting from an "abduction" which is part of a series of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one "abduction" be recoverable under another "abduction". 4. The "abduction" limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one "abduction" until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an "abduction" during the Policy Period, the "Insured" will make every reasonable effort to: (a) Determine that the "abduction" has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activity oc- curring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The "Insured" will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 189 8.6.a 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or "guardian" must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: 1. "Abduction" means the wrongful and illegal seizure of a "Covered Individual(s)", by someone other than a "Guardian(s)" or an agent thereof, from the "premises" of the insured or on any other premises while such "Covered Individual(s)" are under the control of the insured occurring during the policy period. "Abduction" as used in this endorsement does not include the actions of any official acting within their lawful authority. 2. "Covered Individual(s)" means individual(s) under the care, custody and control of the insured. 3. "Informant' means any person, other than a "Covered Individual', providing information not otherwise obtainable solely in return for a reward offered by the insured. 4. "Guardian(s)" means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a "Covered Individual(s)" regardless of who has legal custody. 5. "Premises" means any place the insured conducts business. 6. "Ransom" means a consideration paid or demanded for the release of a "Covered Individual(s)" from captivity. Vill. Property Damage Liability — Elevators And Sidetrack Agreements The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations at a single designated "location" shown in the Decla- rations: a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". CG MU 1078 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 190 8.6.a c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which cannot be attributed only to operations at a single designated "location" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Op- erations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the "products -completed operations hazard" is provided, any pay- ments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V — DEFINITIONS "Location" means premises involving the same or connecting lots, or premises whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability — Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section 1): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the "property damage" occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III — LIMITS OF INSURANCE, the maximum limit in any one occurrence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to you, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDI- TIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organ- ization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury". B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negli- gent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this policy whichever is less. These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 191 8.6.a C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. XII. Additional Insured — State or Political Subdivisions — Permits The following is added to SECTION II — WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations per- formed for the federal government, state or municipality; or (2) "Bodily injury' or "property damage" included within the "products -completed operations hazard". XIII. Additional Insured — Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any man- ager or lessor of premises shown in the Declarations. XIV. Additional Insured — Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 192 8.6.a XV. Additional Insured — Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of a vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a con- tainer, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if "bodily injury" or "property damage" included within the "products -com- plete hazards" is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co -Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker" as a consequence of Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 193 8.6.a However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co -"employee" or other "volunteer worker" arising out of and in the course of the co -"employee's" or "volunteer worker's" em- ployment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co -"employee" or other "volunteer worker", is brought against you or a co -"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in provid- ing a defense to the co -"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an "occurrence" or offense applies only when the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers' Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has developed into a liability claim. XVIII. Unintentional Failure To Disclose Hazards Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. CG MU 1078 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 194 8.6.a XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and include in the "products — completed operations hazard" when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury"; or 3. Executed after "bodily injury", "property damage", "personal and advertising injury" if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury"; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury". XX. Insured Contract SECTION V — DEFINITIONS, "Insured Contract" paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. XXI. Mobile Equipment The following is added under SECTION V — DEFINITIONS, 12. "Mobile Equipment": Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. CG MU 1078 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 195 8.6.b EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND ROTARY CLUB OF EDMONDS September 13-14, 2024 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the ROTARY CLUB OF EDMONDS (hereinafter referred to as the "Rotary") (collectively, the "Parties"). WHEREAS, the Rotary has for a number of years conducted a public event known as "Edmonds Rotary Oktoberfest" (hereinafter referred to as the "Event") and proposes to do so again in 2024; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for good clean fun to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Edmonds Rotary Club and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Rotary obligations included). 1.1 The City will provide use of Civic Center Playfield, parking on 7th Avenue adjacent to Civic Center Playfield and 6th Avenue in front of Civic Center Playfield from Bell St. to Daley St. (See Exhibit A attached hereto and incorporated herein by this reference) (hereinafter referred to as the "City -Provided Site" or "park") for use as the venue for Oktoberfest, and agrees to the following: 1.1.1 "No Parking" signs will be placed on the west side of 7th Avenue and on the east side of 6th Avenue on Tuesday, September 10, 2024 at 8:00 a.m. — see Exhibit A for "No Parking" signage date range. 1.1.2 The Event setup will begin on Thursday, September 12, 2024, at 12:00 p.m. 1.1.3 The Event will run from 3:00 p.m. to 10:00 p.m. Friday, September 13, 2024 and 11:00 a.m. to 10:00 p.m. on Saturday, September 14, 2024. 1.1.4 All surfaces and areas listed will remain available to the Event until final cleanup, to be completed by Sunday, September 15, 2024, at 12:00 p.m. 1.1.5 The City will designate six (6) additional ADA parking spaces to be located along 6th Avenue and 71 Avenue near the entrances to the Park. (See Exhibit A). Packet Pg. 196 8.6.b 1.1.6 The Civic Center Playfield will include a 21+ area enclosed in fencing, to be provided by the Rotary, for the beer and wine sales and stage with music. Sponsor tents, additional food sales and the children's area will be located outside of the fencing (see Exhibit A). 1.2 The City will provide access to five (5) permanent restrooms restocking three (3) times per day on Friday and Saturday of the Event. Related fees are outlined in Section 2.21 below. 1.3 The City may, upon request by the Rotary, install Oktoberfest street banners as provided by the Rotary at approved sites; provided that the Rotary obtains a Street Banner Permit from the Public Works Department and pays the required fee. The Rotary may install a banner on the tennis court fence September 1, 2024. Size and location to be mutually agreed upon by the Rotary and Parks, Recreation and Human Services Department Director ("Parks Director") or designee. 1.4 The City may irrigate the field prior to the Event. The park irrigation system will be turned off by 8:00 a.m. on September 12, 2024. 1.5 The City will provide access to available power to include five (5) festival power receptacles (20A, 30A and 50A) and an additional fifteen (15) 20A receptacles as identified in Exhibit B. The Rotary must supply any additional power needed for the Event. The Rotary may utilize the overhead field lights while the Event is open to the public, the lights must be turned off at the conclusion of the Event each night. Overhead lighting schedule to be mutually agreed upon by the Rotary and the City. A Rotary representative and a City Public Works Facilities Division representative will meet prior to September 1, 2024, to draw up an exterior electrical plan. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and a City Parks Department representative. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Rotary. 1.6 The City shall provide potable water access in the southwest corner of the park (Petanque courts) and in the northeast area of the park (playground area) for use by the food vendors (see Exhibit B). Additionally, the bottle filler station located near the permanent restrooms will be available. 1.7 The Rotary is not authorized to fasten anything to the buildings, structures, or trees unless authorized first by the City Parks Department. Doing so may be subject to fine and/or damage cost recovery from the Rotary. 1.8 Vehicles are only allowed to drive on the Sprague connection (east -west promenade) and in the food truck parking area as identified in Exhibit B. Any use of a vehicle larger than a gator on any other hardscape area may be subject to fine and/or damage cost recovery from the Rotary. 2 Packet Pg. 197 8.6.b 1.9 Alcohol may be served, provided the Rotary obtains all required state licenses and permits to serve alcohol. Copies will be furnished to the City at least two (2) weeks prior to the Event, or as soon as the Rotary receives the licenses and permits. 1.10 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in Chapter 5.30 of the Edmonds City Code. 1.11 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and the Parks Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit C and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.12 The Edmonds Fire Marshal will inspect the facilities and all food trucks prior to the opening to the general public on or before 2:00 p.m., September 13, 2024, as the Parties will agree and note all potential problems. Prior to the opening of the Event, the Rotary will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.13 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President of the Rotary. 1.14 The City will supply a list of acceptable compostable and recyclable food ware items and suppliers for the compostable items. 1.15 The Rotary will provide the "No Parking" signage to Public Works Streets Division prior to August 25, 2024. The Rotary should contact the Street Department Lead (425-771- 0235) for quantity and configuration of "No Parking" signage. 2. Responsibilities of the Rotary 2.1 The Rotary agrees to the following general open hours for Edmonds Oktoberfest: 2.1.1 Friday, September 13, 2024: 3:00 p.m. — 10:00 p.m. Alcohol last call 9:15 p.m., no service after 9:30 p.m. 3 Packet Pg. 198 8.6.b 2.1.2 Saturday, September 14, 2024: 11:00 a.m. — 10:00 p.m. Alcohol last call 9:15 p.m., no service after 9:30 p.m. 2.2 The Rotary will ensure that all vendors have the necessary state licenses/permits for serving and selling alcohol. The Rotary intends to allow Event attendees of all ages and agrees to make its best effort to prevent service of alcohol to minors, including appropriate fencing around the Event, posting security at the entrances of the Event, and checking identification in accordance with common practice. Required fencing is addressed at Section 2.5, below. 2.3 The Rotary will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.4 The Rotary will provide a sufficient number of portable sani-cans and wash stations in addition to the City -provided permanent restrooms. Portable restrooms are not authorized to be placed on any of the grass surfaces and portable restroom service trucks are not permitted to drive on any surface other than the Sprague Connection promenade running East-West in the park. 2.5 The Rotary will provide fence installation and removal for Beer Garden and Wine Garden as required by law. Fencing will not utilize stakes that penetrate the grass. 2.6 The Rotary shall coordinate with the Boys and Girls Club to ensure their business remains accessible to their participants and vehicles as needed. 2.7 Garbage service will be contracted and paid for by the Rotary. 2.8 The Rotary will ensure that kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2.9 Vehicles will only be allowed on Sprague Connection promenade and Food Truck area for load and unload, with adjacent streets used for parking during the Event. 2.10 The Rotary will notify all individual residents of the affected areas surrounding the park to provide awareness of the increase in park activity, noise, music and street closures a minimum of 30 days prior to the Event. 2.11 Canopies, tents or similar structures must be held down with sandbags and not stakes. 2.12 The Rotary will arrange for a walk-through with the City electrician and obtain approval for the accommodation of power and electricity needs. Packet Pg. 199 8.6.b 2.13 The Rotary will provide security services necessary during the daytime hours (daytime hours being defined as those hours which the Event is in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Rotary or the participants in the Event. 2.14 The Rotary will provide all security services necessary during the nighttime hours (nighttime hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Rotary or the participants in the Event. 2.15 The provisions of Chapter 5.05 of the Edmonds City Code ("Animal Control") apply to the City -Provided Site. ECC 5.05.060 prohibits dogs, whether on leash or off leash from being present on City playfields. The Parks Director will provide a temporary exemption to this prohibition and allow dogs to be on leash at the Event. The Rotary will ensure that: (a) dogs remain on leash or under other manner of restraint at all times while on the City -Provided Site; (b) dogs do not enter the playground area; and (c) all dog waste is removed from the site. The Rotary will notify Police of any aggressive dog behavior. The Parks Director retains the right to suspend this temporary exemption at any time. 2.16 The Rotary will provide a fire watch for all times the Event is open to the general public. The Fire Marshal or representative may inspect the Event with the Rotary CEO or designated representative, prior to 2:00 p.m., Friday, September 13, 2024. 2.17 The Rotary will be responsible for restoring the City -Provided Site to its original condition including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. A Rotary representative will meet with a member of the City's Parks Department prior to September 13, 2024 and on September 16, 2024 to inspect the City -Provided Site to document the "original" and "post event" conditions of the Civic Center Playfield and adjacent right of way spaces. 2.18 Cleanup areas include the City -Provided Site as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.19 All garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event will be picked up and removed by 12:00 p.m., Sunday, September 15, 2024. 2.20 Damage Deposit: The Rotary will submit a cleaning/damage deposit of $1,500.00 to the City prior to September 1, 2024. The deposit will be refunded to the Rotary if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.21 Fees: The Rotary will pay the City $1,350 for the use of the City -Provided Site and $300 for restroom cleaning and restocking fees for a total of $1,650 prior to September 1, Packet Pg. 200 8.6.b 2024, and will reimburse the City for the actual costs of supplies or services furnished by the City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.22 Notices. All requests for additional services and concerns of the Rotary will be directed by the Rotary President to the City's designated representative, Parks Deputy Director at 425-771-0232. 2.23 Insurance: The Rotary will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Rotary's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Rotary's insurance coverage will be primary insurance as respect the city of Edmonds. Any insurance, self- insurance, or self -insured pool coverage maintained by the city of Edmonds will be excess of the Rotary's insurance and will not contribute with it. In the event that the Rotary's employees and/or volunteers provide the service of alcohol at the event, the Rotary's General Liability insurance will also include host liquor liability coverage. However, if the Rotary contracts with a third -party vendor or vendors to provide all service of alcohol, the Rotary will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Rotary's Certificate of Insurance. The Rotary will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A: VII. 2.24 The Rotary agrees that Oktoberfest is a public event. The Rotary further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Rotary will permit citizens attending events open to the general public at the City -Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. Packet Pg. 201 8.6.b 2.25 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Rotary will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.26 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the Rotary will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. The Rotary will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.27, below). 2.27 Pursuant to the provisions of Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Rotary will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Rotary will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. The Rotary will ensure that on -site collection containers are serviced properly and continually during the Event. A Rotary representative will meet with the City's Recycling Coordinator or representative prior to August 26, 2024, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.28 Indemnification: The Rotary shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, 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 the Rotary and the City, its officers, officials, employees, and volunteers, the Rotary's liability hereunder shall be only to the extent of the Rotary's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Rotary's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes 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. Packet Pg. 202 8.6.b 2.29 The Rotary may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.30 Neither the Rotary nor any of its officers, agents, or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.31 The Parties acknowledge that, pursuant to the provisions Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the Rotary are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Rotary warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 3. Miscellaneous 3.1 Entire Agreement, Integration, Amendment, Waiver, Applicable Law and Venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force Majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. a Packet Pg. 203 8.6.b 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Rotary will be deemed to be the same of the City for any purpose. The Rotary alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with laws. The Rotary in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. It is the Rotary's responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Rotary of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Rotary will constitute a breach of this Agreement. In the event the Rotary fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Rotary violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Rotary twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks Director may order the Rotary to cease operation of the Event hereunder immediately at any time should the Parks Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Rotary will have no further rights hereunder, and the City may require the immediate removal of all property of the Rotary and its vendors from the City -Provided Site. Packet Pg. 204 8.6.b DATED this day of 2024. CITY OF EDMONDS: ROTARY CLUB OF EDMONDS: Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Brian Albright, President Rotary Club of Edmonds io Packet Pg. 205 B.e.b Exhibit A 2024 Uk Ober e# Site Pan .On d� § w � ! 4 - M| � � k OOSe2 ƒ fE ) ( � L @ - },: (®» }\[ : (\� 2 E § � ? t w § t k 0 06 ■ 0 _ m � � E § Q k w � t 2 0 19 0 Iq C14 q k E / 7 !! Packet Pg. 206 8.6.b Exhibit B Civic Center Playfield Amenities Map • MOD Oman no 9 � Q 1� 1p Ift I NEEL , .; 12 Packet Pg. 207 Exhibit C 8.6.b REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 208 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 8.6.b SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 209 8.6.b Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 210 8.6.b Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: a� L • Date last inspected: a (Annually) • Date of last hydro: a� w> 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ • Last test date: ° 6. LP shut off valves installed and accessible. ❑ ❑ ❑ 0 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ 3 secured with a non-combustible strap or chain in an upright position and protected from impact. Cn L CU U CNG Systems PASS FAIL N/A c 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ m E size less than 1300 pounds. (1 W = 8 lbs) a� • Number of tanks: a • Size of tanks: • Tank expiration date(s): w • Date last inspected: N , (Every 3 years) • Date of last hydro: 0Y 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ N • Last tested date: a� E Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ a deep fat fryer or solid fuels). • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 211 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ 8.6.b egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced (Annually) Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. L 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ a allowed during cooking operations and only when the electric generators and internal combustion power sources w are not in use. a� a� Keep Required Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to 0 produce these at any time by a fire department inspector. 3 0 • Your fire inspection report (this form or other documentation provided to you by the fire M agency that completed your inspection).CU • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire v suppression system and extinguishers, completed by the contractor you use. m • A copy of any permit(s) issued by a local fire department for your food truck. E a� L Q _ W N d d O 0 N O N rr _ d E t V f� w Q 3 Packet Pg. 212 8.6.b Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 213 8.6.b • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 214 8.6.b Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 215 Train Your Food Truck Staff on These Fire Safety Basics: 8.6.b • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 216 ATTENTION. 8.6.b Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® it cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 217 8.6.b Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 Packet Pg. 218 Permit 8.6.b FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczoneC@edmondswa.gov Permit # R5765 Status Approved Date Jan 24, 20241:35 PM Organization Name Edmonds Rotary - 425 Organization Phone 1 (425) 771-3482 Customer Type Organization Number Organization Address P.O. Box 115 Edmonds, WA 98020 Agent Name Maggie Peterson Home Phone Number (425) 771-3482 Email Address mag2teach@comcast.net System User Todd Cort to C d Rental Fee $1,650.00 N Discounts $0.00 T Subtotal $1,650.00 Q C Deposits $1,500.00 > Deposit Discounts $0.00 W w rn Total Permit Fee $3,150.00 d N Q O r Y Total Payment $0.00 O Refunds $0.00 06 Balance $3,150.00 C s CO) L Oktoberfest O booking(s) 5 resources 20 bookin s Subtotal: $3,150.00 r N E Booking Summary L Civic Field BasketballQ - START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX y.+ > W Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 N N Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 $0.00 N O Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 Y O Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00 le N O N START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX w = N E Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 t) r Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 $0.00 Q Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00 Resource level fees $1,650.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 # R5765 Status Approved Packet Pg. 219 Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 8.6.b Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00 Resource level fees $1,500.00 Civic Field - Shade Structure (Park) START DATE/TIME END DATE/TIME Center: Civic Field ATTENDEE AMT W/O TAX Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 $0.00 Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00Civic to C Field - Tennis (Park) Center: Civic Field G> E START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAXCID N N L Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 Q C Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 $0.00 N W Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 N d Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00 � O r Y O Deposit °6 3 O EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE s N Oktoberfest Civic Field - Damage $1,500.00 $0.00 $0.00 $0.00 $1,500.00 L t� Grass Small Deposit C N E N Payment Schedules Original Balance: $3,150.00 Current Balance: $3,150.00 d DUE DATE Jun 26, 2024 Date: AMOUNTDUE $3,150.00 FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone#edmondswa.gov Q w AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE N $0.00 $0.00 $3,150.00 LL N N N O Y X: O le N Date: O N w C m E t Edmonds Rotary U r Customer Type: Organization Q Customer ID: 24952 Mailing Address: P.O. Box 115, Edmonds, WA 98020 Organization Phone 1 Number: (425) 771-3482 Authorized Agent Name: Maggie Peterson Home Phone Number: (425) 771-3482 Email Address: mag2teach#comcast.net # R5765 Status Approved Packet Pg. 220 8.6.b oRo° CERTIFICATE OF LIABILITY INSURANCE 07/03%2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Crystal Gleason Hylant Group Inc PHONE ry FAX 811 Madison Ave vC No Ext : 419-259-2710 A/C No : 419-255-7557 Toledo OH 43604 ADDRIESS: Insured All Active US Rotary Clubs & Districts Rotary Club of Edmonds Attn: Risk Management Dept. 1560 Sherman Avenue Evanston, IL 60201-3698 INSURER A: Westchester Surplus Lines Insurance Company 10172 INSURERB: INSURERC: INSURERD: _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Liquor Liability Included Y G73578917003 7/1/2024 7/1/2025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 X MED EXP (Any one person) $ PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑JECT PRO ❑ LOC OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y G73578917003 7/1/2024 7/1/2025 COMBINED SINGLE Ea accident $2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR Not applicable EACH OCCURRENCE $ F] HCLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Not applicable PER STATUTE I I ERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is included as an additional insured where required by written contract or permit subject to the terms and conditions of the general liability policy, but only to the extent bodily injury or property damage is cause in whole or in part by the acts or omissions of the insured. CERTIFICATE HOLDER CANCELLATION City of Edmonds, WA. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �y+ c m E Gf a c as W W d 0) O Y 0 ca 3 O t co L M V r.+ C E L Ilm a C > W fn 4) M O 0 Iq N O N i d E t rJ M rr rr a © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 221 8.7 City Council Agenda Item Meeting Date: 07/23/2024 Opioid Participation Form Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Kimberly Dunscombe Background/History In 2022, the Council approved the Mayor's signature on a Memorandum of Understanding (MOU) between Washington Municipalities, opting the city into the settlement of specific opioid lawsuits. Now, a new MOU for a distinct settlement has been presented, signaling the city's continued commitment to addressing the opioid crisis through legal avenues. This latest agreement underscores the municipality's dedication to seeking justice and relief for the community in the face of the ongoing opioid epidemic. As new settlements arise, to participate in, and be eligible to receive compensation, under the Settlement Agreement the city must complete and submit a Settlement Participation Form. There is a new nationwide settlement agreement with Kroger Co. The deadline to submit the Settlement Participation Form is August 12, 2024. The Attorney General's Office strongly recommends we join the settlement. Staff Recommendation Approve as part of the consent agenda. Narrative This item was discussed during the July 16 Finance Committee and recommendation was to forward to the next Council consent agenda for approval. Attachments: Kroger-Ex.-K-Subdivision-Participatio n-Form Allocaton Agreement III Packet Pg. 222 8.7.a EXHIBIT K Subdivision Participation and Release Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 ("Kroger Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/. 3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel E 0 LL c 0 ea a .2 0 a 0 .Q 0 K-1 Packet Pg. 223 8.7.a as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement. 7. The Governmental Entity has the right to enforce the Kroger Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official E capacity elected or appointed to serve any of the foregoing and any agency, person, or other LL entity claiming by or through any of the foregoing, and any other entity identified in the c definition of Releasor, provides for a release to the fullest extent of its authority. As a a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or M claimed, or to otherwise seek to establish liability for any Released Claims against any 0. Released Entity in any forum whatsoever. The releases provided for in the Kroger .o Settlement are intended by the Parties to be broad and shall be interpreted so as to give the p Released Entities the broadest possible bar against any liability relating in any way to E Released Claims and extend to the full extent of the power of the Governmental Entity to 0 release claims. The Kroger Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement. 10. In connection with the releases provided for in the Kroger Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Kroger Settlement. K-2 Packet Pg. 224 8.7.a 11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature: Name: Title: Date: E L 0 LL c 0 is a .2 0 a 'o Q O K-3 Packet Pg. 225 WASHINGTON STATE ALLOCATION AGREEMENT GOVERNING THE ALLOCATION OF OPIOID SETTLEMENT FUNDS PAID BY KROGER JUNE 28, 2024 This Washington State Allocation Agreement Governing the Allocation of Opioid Settlement Funds Paid by Kroger (the "Allocation Agreement III") governs the distribution of funds obtained from the Kroger Co. ("Kroger") in connection with the resolution of any and all claims by the State of Washington and the counties, cities, and towns in Washington State ("Local Governments") against Kroger via the Kroger Settlement Agreement dated March 22, 2024 ("Settlement"). The Settlement can be accessed at https://nationalopioidsettlement.com/. The terms and definitions of the Settlement are incorporated into this Allocation Agreement III, and any undefined terms in this Allocation Agreement III are as defined in the Settlement. This Allocation Agreement III is intended to be a State -Subdivision Agreement as defined in the Settlement. This Allocation Agreement III shall be interpreted to be consistent with the requirements of a State -Subdivision Agreement in the Settlement. 2. This Allocation Agreement III shall become effective only if all of the following occur: A. The State of Washington joins the Settlement and becomes a Settling State as provided for in the Settlement. B. The Settlement becomes final and effective and a Consent Judgment is filed and approved as provided for in the Settlement. C. The number of Local Governments that execute and return this Allocation Agreement III satisfies the participation requirements for a State - Subdivision Agreement as specified in the Settlement. Requirements to become a ParticipatingLocal Government. To become a Participating Local Government that can participate in this Allocation Agreement III, a Local Government must do all of the following: A. The Local Government must execute and return this Allocation Agreement III. B. The Local Government must release its claims against Kroger identified in the Settlement and agree to be bound by the terms of the Settlement by timely executing and returning the Participation Form, which is Exhibit K of the Settlement. C. Litigating Subdivisions, also referred to as Litigating Local Governments, must dismiss Kroger with prejudice from their lawsuits. E L 0 U. c 0 �a a .2 IL .2 Q O Packet Pg. 226 8.7.b D. Each of the Local Governments that is eligible to participate in this Allocation Agreement III has previously executed and signed the One Washington Memorandum of Understanding Between Washington Municipalities ("MOU") agreed to by the Participating Local Governments in Washington State, which is attached hereto as Exhibit 1. By executing this Allocation Agreement III, the local government agrees and affirms that the MOU applies to and shall govern the Local Government Share as modified by this Allocation Agreement III for the Settlement. A Local Government that meets all of the conditions in this paragraph shall be deemed a "Participating Local Government." 4. This Allocation Agreement III applies to the State of Washington's allocation of the (1) Adjusted State Remediation Payment and (2) Additional Remediation Amount, which collectively shall be referred to as the "Washington Abatement Amount." As specified in the Settlement, the Washington Abatement Amount will vary dependent on the percentage of Participating Local Governments and whether there are any Later Litigating Subdivisions. This Allocation Agreement III does not apply to the State Cost Fund, State AG Fees and Costs, or any attorneys' fees, fees, costs, or expenses referred to in the Settlement or that are paid directly or indirectly via the Settlement to the State of Washington ("State's Fees and Costs"). 6. This Allocation Agreement III and the MOU are a State Back -Stop Agreement. Kroger is paying a portion of the Local Governments' attorneys' fees and costs as provided for in the Settlement. The total contingent fees an attorney receives from the Contingency Fee Fund in the Settlement, the MOU, and this Allocation Agreement III combined cannot exceed 15% of the portion of the LG Share paid to the Litigating Local Government that retained that firm to litigate against the Settling Entities (i.e., if City X filed suit with outside counsel on a contingency fee contract and City X receives $1,000,000 from the Settlement, then the maximum that the firm can receive is $150,000 for fees as to the Kroger Settlement.) 7. No portion of the State's Fees and Costs and/or the State Share as defined in Paragraphs 5 and 9 of this Allocation Agreement III shall be used to fund the Government Fee Fund ("GFF") referred to in Paragraph 11 of this Allocation Agreement III and Section D of the MOU, or in any other way to fund any Participating Local Government's attorneys' fees, costs, or common benefit tax. 8. The Washington Abatement Amount shall and must be used by the State and Participating Local Governments for future Opioid Remediation as defined in the Settlement, except as allowed by the Settlement. E 0 U. c 0 �a a .2 IL .2 Q 0 2 Packet Pg. 227 8.7.b 10. 11. The State and the Participating Local Governments agree to divide the Washington Abatement Amount as follows: A. Fifty percent (50%) to the State of Washington ("State Share"). B. Fifty percent (50%) to the Participating Local Governments ("LG Share") The LG Share shall be distributed to Participating Local Governments pursuant to the MOU as amended and modified in this Allocation Agreement III. For purposes of this Allocation Agreement III only, the MOU is modified as follows and any contrary provisions in the MOU are struck: A. Exhibit A of the MOU is replaced by Exhibit E of the Settlement. B. The definition of "Litigating Local Governments" in Section A.4 of the MOU shall mean Litigating Subdivisions as defined in the Settlement and shall also include any local government that notified Judge Polster in Case No. 1:17-and-02804-DAP of its intent to sue Kroger in 2023 after the release of updated ARCOS data. C. The definition of "National Settlement Agreement" in Section A.6 of the MOU shall mean the Settlement. D. The definition of "Settlement" in Section A.14 of the MOU shall mean the Settlement. E. The MOU is amended to add new Section C.4.g.vIII, which provides as follows: "If a Participating Local Government receiving a direct payment (a) uses Opioid Funds other than as provided for in the Settlement, (b) does not comply with conditions for receiving direct payments under the MOU, or (c) does not promptly submit necessary reporting and compliance information to its Regional Opioid Abatement Counsel ("Regional OAC") as defined at Section C.4.h of the MOU, then the Regional OAC may suspend direct payments to the Participating Local Government after notice, an opportunity to cure, and sufficient due process. If direct payments to Participating Local Government are suspended, the payments shall be treated as if the Participating Local Government is foregoing their allocation of Opioid Funds pursuant to Section C.4.d and C.4.j.IIIi of the MOU. In the event of a suspension, the Regional OAC shall give prompt notice to the suspended Participating Local Government and the Settlement Fund Administrator specifying the reasons for the suspension, the process for reinstatement, the factors that will be considered for reinstatement, and the due process that will be provided. A suspended Participating Local E L 0 U. c �a a .2 IL .2 Q 0 Packet Pg. 228 8.7.b Government may apply to the Regional OAC to be reinstated for direct payments no earlier than five years after the date of suspension." F. The amounts payable to each law firm representing a Litigating Local Government from the GFF shall be consistent with the MOU and the process set forth in the Order Appointing the Fee Panel to Allocate and Disburse Attorney's Fees Provided for in State Back -Stop Agreements, Case No. 1:17-and-02804-DAP Doc #: 4543 (June 17, 2022). All amounts that the City of Seattle has contributed to the GFF shall be returned to the City of Seattle by the Settlement Administrator rather than paid to Hagens Berman Sobol Shapiro LLP. G. The GFF set forth in the MOU shall be funded by the LG Share of the E Washington Abatement Amount only. To the extent the common benefit Ui tax is not already payable by the Settling Entities as contemplated by c Section D.8 of the MOU, the GFF shall be used to pay Litigating Local Government contingency fee agreements and any common benefit tax referred to in Section D of the MOU, which shall be paid on a pro rata basis to eligible law firms as determined by the GFF Administrator. a •o H. To fund the GFF, fifteen percent (15%) of the LG Share shall be deposited o in the GFF from each LG Share settlement payment until the Litigating Subdivisions' contingency fee agreements and common benefit tax (if, any) referred to in Section D of the MOU are satisfied. Under no circumstances will any Primary Subdivision or Litigating Local Government be required to contribute to the GFF more than 15% of the a portion of the LG Share allocated to such Primary Subdivision or Litigating Local Government. In addition, under no circumstances will ° a any portion of the LG Share allocated to a Litigating Local Government be c used to pay the contingency fees or litigation expenses of counsel for some a other Litigating Local Government. c The maximum amount of any Litigating Local Government contingency fee agreement (from the Contingency Fee Fund of the Settlement) payable to a law firm permitted for compensation shall be fifteen percent (15%) of the portion of the LG Share paid to the Litigating Local Government that retained that firm (i.e., if City X filed suit with outside counsel on a contingency fee contract and City X receives $1,000,000 from the Settlement, then the maximum that the firm can receive is $150,000 for fees.) The firms also shall be paid documented expenses due under their contingency fee agreements that have been paid by the law firm attributable to that Litigating Local Government. Consistent with Agreement on Attorneys' Fees, Costs, and Expenses, which is Exhibit R of the Settlement, amounts due to Participating Litigating Subdivisions' attorneys under this Allocation Agreement III shall not impact (i) costs paid by the subdivisions to their attorneys pursuant to a State Back -Stop 4 Packet Pg. 229 8.7.b agreement, (ii) fees paid to subdivision attorneys from the Common Benefit Fund for common benefit work performed by the attorneys pursuant to Exhibit R of the Settlement, or (iii) costs paid to subdivision attorneys from the MDL Expense Fund for expenses incurred by the attorneys pursuant to the Settlement. J. Under no circumstances may counsel receive more for its work on behalf of a Litigating Local Government than it would under its contingency agreement with that Litigating Local Government. To the extent a law firm was retained by a Litigating Local Government on a contingency fee agreement that provides for compensation at a rate that is less than fifteen percent (15%) of that Litigating Local Government's recovery, the maximum amount payable to that law firm referred to in Section D.3 of the MOU shall be the percentage set forth in that contingency fee E agreement. Ui c 0 K. For the avoidance of doubt, both payments from the GFF and the payment to the Participating Litigating Local Governments' attorneys from the Contingency Fee Fund in the Settlement shall be included when E calculating whether the aforementioned fifteen percent (15%) maximum a percentage (or less if the provisions of Paragraph 10.J of this Allocation o Agreement III apply) of any Litigating Local Government contingency fee p agreement referred to above has been met. L. To the extent there are any excess funds in the GFF, the Settlement Administrator shall facilitate the return of those funds to the Participating Local Governments as provided for in Section D.6 of the MOU. 12. In connection with the execution and administration of this Allocation Agreement III, the State and the Participating Local Governments agree to abide by the Public Records Act, RCW 42.56 et seq. 13. All Participating Local Governments, Regional OACs, and the State shall maintain all non -transitory records related to this Allocation Agreement III as well as the receipt and expenditure of the funds from the Settlement for no less than five (5) years. 14. If any party to this Allocation Agreement III believes that a Participating Local Government, Regional OAC, the State, an entity, or individual involved in the receipt, distribution, or administration of the funds from the Settlement has violated any applicable ethics codes or rules, a complaint shall be lodged with the appropriate forum for handling such matters, with a copy of the complaint promptly sent to the Washington Attorney General, Complex Litigation Division, Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington 98104. 15. To the extent (i) a region utilizes a pre-existing regional body to establish its Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (III) that Packet Pg. 230 8.7.b pre-existing regional body is subject to the requirements of the Community Behavioral Health Services Act, RCW 71.24 et seq., the State and the Participating Local Governments agree that the Opioid Funds paid by Kroger is subject to the requirements of the MOU and this Allocation Agreement III. 16. Upon request by Kroger, the Participating Local Governments must comply with the Tax Cooperation and Reporting provisions of the Settlement. 17. Venue for any legal action related to this Allocation Agreement III (separate and apart from the MOU or the Settlement) shall be in King County, Washington. 18. Each party represents that all procedures necessary to authorize such party's execution of this Allocation Agreement III have been performed and that such person signing for such party has been authorized to execute this Allocation L Agreement III. U. c 0 ea a .2 R a .2 Q O 6 Packet Pg. 231 FOR THE STATE OF WASHINGTON: ROBERT W. FERGUSON Attorney General Date: 7 Packet Pg. 232 8.7.b FOR THE PARTICIPATING LOCAL GOVERNMENT: Name of Participating Local Government: Authorized signature: Name: Title: Date: E Packet Pg. 233 8.7.b EXHIBIT I One Washington Memorandum of Understanding Between Washington Municipalities E L 0 LL _ 0 r 0 Q ..2 L cu a 'o Q O a� E a> p L cm Q _ O 0 ci _0 Q y.+ _ 0 E t 0 0 y.+ rt+ Q Packet Pg. 234 8.7.b ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN WASHINGTON MUNICIPALITIES Whereas, the people of the State of Washington and its communities have been harmed by entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense prescription opioids; Whereas, certain Local Governments, through their elected representatives and counsel, are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of prescription opioids accountable for the damage they have caused to the Local Governments; Whereas, Local Governments and elected officials share a common desire to abate and alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain throughout the State of Washington, and strive to ensure that principals of equity and equitable service delivery are factors considered in the allocation and use of Opioid Funds; and Whereas, certain Local Governments engaged in litigation and the other cities and counties in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities within the Pharmaceutical Supply Chain. Now therefore, the Local Governments enter into this Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements described. A. Definitions As used in this MOU: 1. "Allocation Regions" are the same geographic areas as the existing nine (9) Washington State Accountable Community of Health (ACH) Regions and have the purpose described in Section C below. 2. "Approved Purpose(s)" shall mean the strategies specified and set forth in the Opioid Abatement Strategies attached as Exhibit A. 3. "Effective Date" shall mean the date on which a court of competent jurisdiction enters the first Settlement by order or consent decree. The Parties anticipate that more than one Settlement will be administered according to the terms of this MOU, but that the first entered Settlement will trigger allocation of Opioid Funds in accordance with Section B herein, and the formation of the Opioid Abatement Councils in Section C. 4. "Litigating Local Government(s)" shall mean Local Governments that filed suit against any Pharmaceutical Supply Chain Participant pertaining to the Opioid epidemic prior to September 1, 2020. E 0 U. c 0 is a .2 a .2 Q 0 Packet Pg. 235 8.7.b 5. "Local Government(s)" shall mean all counties, cities, and towns within the geographic boundaries of the State of Washington. 6. "National Settlement Agreements" means the national opioid settlement agreements dated July 21, 2021 involving Johnson & Johnson, and distributors AmerisourceBergen, Cardinal Health and McKesson as well as their subsidiaries, affiliates, officers, and directors named in the National Settlement Agreements, including all amendments thereto. 7. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 8. "Opioid Abatement Council" shall have the meaning described in Section C below. 9. "Participating Local Government(s)" shall mean all counties, cities, and towns within the geographic boundaries of the State that have chosen to sign on to this MOU. The Participating Local Governments may be referred to separately in this MOU as "Participating Counties" and "Participating Cities and Towns" (or "Participating Cities or Towns," as appropriate) or "Parties." 10. "Pharmaceutical Supply Chain" shall mean the process and channels through which controlled substances are manufactured, marketed, promoted, distributed, and/or dispensed, including prescription opioids. 11. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, and/or dispensing of a prescription opioid, including any entity that has assisted in any of the above. 12. "Qualified Settlement Fund Account," or "QSF Account," shall mean an account set up as a qualified settlement fund, 468b fund, as authorized by Treasury Regulations 1.46813-1(c) (26 CFR §1.468B-1). 13. "Regional Agreements" shall mean the understanding reached by the Participating Local Counties and Cities within an Allocation Region governing the allocation, management, distribution of Opioid Funds within that Allocation Region. 14. "Settlement" shall mean the future negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the Participating Local Governments. "Settlement" expressly does not include a plan of reorganization confirmed under Title 11 of the United States Code, irrespective of the extent to which Participating Local Governments vote in favor of or otherwise support such plan of reorganization. E L 0 U. r- 0 is a .2 a 'o .Q 0 Packet Pg. 236 8.7.b 15. "Trustee" shall mean an independent trustee who shall be responsible for the ministerial task of releasing Opioid Funds from a QSF account to Participating Local Governments as authorized herein and accounting for all payments into or out of the trust. 16. The "Washington State Accountable Communities of Health" or "ACH" shall mean the nine (9) regions described in Section C below. B. Allocation of Settlement Proceeds for Approved Purposes 1. All Opioid Funds shall be held in a QSF and distributed by the Trustee, for the benefit of the Participating Local Governments, only in a manner consistent with this MOU. Distribution of Opioid Funds will be subject to the mechanisms for auditing and reporting set forth below to provide public accountability and transparency. 2. All Opioid Funds, regardless of allocation, shall be utilized pursuant to Approved Purposes as defined herein and set forth in Exhibit A. Compliance with this requirement shall be verified through reporting, as set out in this MOU. 3. The division of Opioid Funds shall first be allocated to Participating Counties based on the methodology utilized for the Negotiation Class in In Re: National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1:17-and-02804-DAP. The allocation model uses three equally weighted factors: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. The allocation percentages that result from application of this methodology are set forth in the "County Total" line item in Exhibit B. In the event any county does not participate in this MOU, that county's percentage share shall be reallocated proportionally amongst the Participating Counties by applying this same methodology to only the Participating Counties. 4. Allocation and distribution of Opioid Funds within each Participating County will be based on regional agreements as described in Section C. C. Regional Agreements 1. For the purpose of this MOU, the regional structure for decision - making related to opioid fund allocation will be based upon the nine (9) pre- defined Washington State Accountable Community of Health Regions (Allocation Regions). Reference to these pre -defined regions is solely for the purpose of E 0 U. c 0 ea a .2 IL .2 Q 0 Packet Pg. 237 8.7.b drawing geographic boundaries to facilitate regional agreements for use of Opioid Funds. The Allocation Regions are as follows: • King County (Single County Region) • Pierce County (Single County Region) • Olympic Community of Health Region (Clallam, Jefferson, and Kitsap Counties) • Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Thurston, and Wahkiakum Counties) • North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom Counties) • SouthWest Region (Clark, Klickitat, and Skamania Counties) • Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Walla Walla, Whitman, and Yakima Counties) E • Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and U. Stevens Counties) o • North Central Region (Chelan, Douglas, Grant, and Okanogan Counties) a 2. Opioid Funds will be allocated, distributed and managed within .2 a each Allocation Region, as determined by its Regional Agreement as set forth .2 below. If an Allocation Region does not have a Regional Agreement enumerated in this MOU, and does not subsequently adopt a Regional Agreement per Section o C.5, the default mechanism for allocation, distribution and management of Opioid Funds described in Section CA.a will apply. Each Allocation Region must have an OAC whose composition and responsibilities shall be defined by Regional E Agreement or as set forth in Section C.4. King County's Regional Agreement is reflected in Exhibit C to this MOU. 4. All other Allocation Regions that have not specified a Regional Agreement for allocating, distributing and managing Opioid Funds, will apply the following default methodology: a. Opioid Funds shall be allocated within each Allocation Region by taking the allocation for a Participating County from Exhibit B and apportioning those funds between that Participating County and its Participating Cities and Towns. Exhibit B also sets forth the allocation to the Participating Counties and the Participating Cities or Towns within the Counties based on a default allocation formula. As set forth above in Section B.3, to determine the allocation to a county, this formula utilizes: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. To determine the allocation within a county, the formula utilizes historical federal data showing how the specific Counties and the Cities and Towns within the Counties have 4 Packet Pg. 238 8.7.b made opioids epidemic -related expenditures in the past. This is the same methodology used in the National Settlement Agreements for county and intra-county allocations. A Participating County, and the Cities and Towns within it may enter into a separate intra-county allocation agreement to modify how the Opioid Funds are allocated amongst themselves, provided the modification is in writing and agreed to by all Participating Local Governments in the County. Such an agreement shall not modify any of the other terms or requirements of this MOU. b. 10% of the Opioid Funds received by the Region will be reserved, on an annual basis, for administrative costs related to the OAC. The OAC will provide an annual accounting for actual costs and any reserved funds that exceed actual costs will be reallocated to Participating Local Governments within the Region. c U. C. Cities and towns with a population of less than 10,000 shall be o excluded from the allocation, with the exception of cities and towns that a are Litigating Participating Local Governments. The portion of the Opioid .2 Funds that would have been allocated to a city or town with a population a of less than 10,000 that is not a Litigating Participating Local Government shall be redistributed to Participating Counties in the manner directed in C.4.a above. o d. Each Participating County, City, or Town may elect to have its share re -allocated to the OAC in which it is located. The OAC will then utilize this share for the benefit of Participating Local Governments within that Allocation Region, consistent with the Approved Purposes set forth in Exhibit A. A Participating Local Government's election to forego its allocation of Opioid Funds shall apply to all future allocations unless the Participating Local Government notifies its respective OAC otherwise. If a Participating Local Government elects to forego its allocation of the Opioid Funds, the Participating Local Government shall be excused from the reporting requirements set forth in this Agreement. e. Participating Local Governments that receive a direct payment maintain full discretion over the use and distribution of their allocation of Opioid Funds, provided the Opioid Funds are used solely for Approved Purposes. Reasonable administrative costs for a Participating Local Government to administer its allocation of Opioid Funds shall not exceed actual costs or 10% of the Participating Local Government's allocation of Opioid Funds, whichever is less. f. A Local Government that chooses not to become a Participating Local Government will not receive a direct allocation of Opioid Funds. The portion of the Opioid Funds that would have been allocated to a Local Government that is not a Participating Local Government shall be Packet Pg. 239 8.7.b redistributed to Participating Counties in the manner directed in C.4.a above. g. As a condition of receiving a direct payment, each Participating Local Government that receives a direct payment agrees to undertake the following actions: i. Developing a methodology for obtaining proposals for use of Opioid Funds. ii. Ensuring there is opportunity for community -based input on priorities for Opioid Fund programs and services. iii. Receiving and reviewing proposals for use of Opioid Funds for Approved Purposes. iv. Approving or denying proposals for use of Opioid Funds for Approved Purposes. V. Receiving funds from the Trustee for approved proposals and distributing the Opioid Funds to the recipient. vi. Reporting to the OAC and making publicly available all decisions on Opioid Fund allocation applications, distributions and expenditures. h. Prior to any distribution of Opioid Funds within the Allocation Region, The Participating Local Governments must establish an Opioid Abatement Council (OAC) to oversee Opioid Fund allocation, distribution, expenditures and dispute resolution. The OAC may be a preexisting regional body or may be a new body created for purposes of executing the obligations of this MOU. i. The OAC for each Allocation Region shall be composed of representation from both Participating Counties and Participating Towns or Cities within the Region. The method of selecting members, and the terms for which they will serve will be determined by the Allocation Region's Participating Local Governments. All persons who serve on the OAC must have work or educational experience pertaining to one or more Approved Uses. j. The Regional OAC will be responsible for the following actions: i. Overseeing distribution of Opioid Funds from Participating Local Governments to programs and services within the Allocation Region for Approved Purposes. E 0 U. c 0 ea a .2 a 'o .Q 0 Packet Pg. 240 8.7.b ii. Annual review of expenditure reports from Participating Local Jurisdictions within the Allocation Region for compliance with Approved Purposes and the terms of this MOU and any Settlement. iii. In the case where Participating Local Governments chose to forego their allocation of Opioid Funds: (i) Approving or denying proposals by Participating Local Governments or community groups to the OAC for use of Opioid Funds within the Allocation Region. (ii) Directing the Trustee to distribute Opioid Funds for use by Participating Local Governments or community groups whose proposals are approved by the OAC. (iii) Administrating and maintaining records of all OAC decisions and distributions of Opioid Funds. iv. Reporting and making publicly available all decisions on Opioid Fund allocation applications, distributions and expenditures by the OAC or directly by Participating Local Governments. V. Developing and maintaining a centralized public dashboard or other repository for the publication of expenditure data from any Participating Local Government that receives Opioid Funds, and for expenditures by the OAC in that Allocation Region, which it shall update at least annually. vi. If necessary, requiring and collecting additional outcome - related data from Participating Local Governments to evaluate the use of Opioid Funds, and all Participating Local Governments shall comply with such requirements. vii. Hearing complaints by Participating Local Governments within the Allocation Region regarding alleged failure to (1) use Opioid Funds for Approved Purposes or (2) comply with reporting requirements. 5. Participating Local Governments may agree and elect to share, pool, or collaborate with their respective allocation of Opioid Funds in any manner they choose by adopting a Regional Agreement, so long as such sharing, pooling, or collaboration is used for Approved Purposes and complies with the terms of this MOU and any Settlement. E 0 U. c 0 �a a .2 a .2 Q 0 Packet Pg. 241 8.7.b 6. Nothing in this MOU should alter or change any Participating Local Government's rights to pursue its own claim. Rather, the intent of this MOU is to join all parties who wish to be Participating Local Governments to agree upon an allocation formula for any Opioid Funds from any future binding Settlement with one or more Pharmaceutical Supply Chain Participants for all Local Governments in the State of Washington. 7. If any Participating Local Government disputes the amount it receives from its allocation of Opioid Funds, the Participating Local Government shall alert its respective OAC within sixty (60) days of discovering the information underlying the dispute. Failure to alert its OAC within this time frame shall not constitute a waiver of the Participating Local Government's right to seek recoupment of any c deficiency in its allocation of Opioid Funds. U. c 0 8. If any OAC concludes that a Participating Local Government's a expenditure of its allocation of Opioid Funds did not comply with the .2 Approved Purposes listed in Exhibit A, or the terms of this MOU, or that a the Participating Local Government otherwise misused its allocation of Opioid Funds, the OAC may take remedial action against the alleged offending Participating Local Government. Such remedial action is left to 0 the discretion of the OAC and may include withholding future Opioid Funds owed to the offending Participating Local Government or requiring the offending Participating Local Government to reimburse improperly E expended Opioid Funds back to the OAC to be re -allocated to the L remaining Participating Local Governments within that Region. Q 9. All Participating Local Governments and OAC shall maintain all records related to the receipt and expenditure of Opioid Funds for no less than five (5) years and shall make such records available for review by any other Participating Local Government or OAC, or the public. Records requested by the public shall be produced in accordance with Washington's Public Records Act RCW 42.56.001 et seq. Records requested by another Participating Local Government or an OAC shall be produced within twenty-one (21) days of the date the record request was received. This requirement does not supplant any Participating Local Government or OAC's obligations under Washington's Public Records Act RCW 42.56.001 et seq. D. Payment of Counsel and Litigation Expenses I. The Litigating Local Governments have incurred attorneys' fees and litigation expenses relating to their prosecution of claims against the Pharmaceutical Supply Chain Participants, and this prosecution has inured to the benefit of all Participating Local Governments. Accordingly, a Washington H. Packet Pg. 242 8.7.b Government Fee Fund ("GFF") shall be established that ensures that all Parties that receive Opioid Funds contribute to the payment of fees and expenses incurred to prosecute the claims against the Pharmaceutical Supply Chain Participants, regardless of whether they are litigating or non -litigating entities. 2. The amount of the GFF shall be based as follows: the funds to be deposited in the GFF shall be equal to 15% of the total cash value of the Opioid Funds. 3. The maximum percentage of any contingency fee agreement permitted for compensation shall be 15% of the portion of the Opioid Funds allocated to the Litigating Local Government that is a party to the contingency fee agreement, plus expenses attributable to that Litigating Local Government. Under no circumstances may counsel collect more for its work on behalf of a Litigating c Local Government than it would under its contingency agreement with that U. Litigating Local Government. o is a 4. Payments from the GFF shall be overseen by a committee (the .2 "Opioid Fee and Expense Committee") consisting of one representative of the a following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol Shapiro LLP; (c) Goldfarb & Huck Roth Rioj as, PLLC; and (d) Napoli Shkolnik 2 PLLC. The role of the Opioid Fee and Expense Committee shall be limited to 0 ensuring that the GFF is administered in accordance with this Section. 5. In the event that settling Pharmaceutical Supply Chain Participants do not pay the fees and expenses of the Participating Local Governments directly at the time settlement is achieved, payments to counsel for Participating Local Governments shall be made from the GFF over not more than three years, with 50% paid within 12 months of the date of Settlement and 25% paid in each subsequent year, or at the time the total Settlement amount is paid to the Trustee by the Defendants, whichever is sooner. 6. Any funds remaining in the GFF in excess of. (i) the amounts needed to cover Litigating Local Governments' private counsel's representation agreements, and (ii) the amounts needed to cover the common benefit tax discussed in Section C.8 below (if not paid directly by the Defendants in connection with future settlement(s), shall revert to the Participating Local Governments pro rata according to the percentages set forth in Exhibits B, to be used for Approved Purposes as set forth herein and in Exhibit A. 7. In the event that funds in the GFF are not sufficient to pay all fees and expenses owed under this Section, payments to counsel for all Litigating Local Governments shall be reduced on a pro rata basis. The Litigating Local Governments will not be responsible for any of these reduced amounts. Packet Pg. 243 8.7.b 8. The Parties anticipate that any Opioid Funds they receive will be subject to a common benefit "tax" imposed by the court in In Re: National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1:17-and-02804-DAP ("Common Benefit Tax"). If this occurs, the Participating Local Governments shall first seek to have the settling defendants pay the Common Benefit Tax. If the settling defendants do not agree to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid from the Opioid Funds and by both litigating and non -litigating Local Governments. This payment shall occur prior to allocation and distribution of funds to the Participating Local Governments. In the event that GFF is not fully exhausted to pay the Litigating Local Governments' private counsel's representation agreements, excess funds in the GFF shall be applied to pay the Common Benefit Tax (if any). E L E. General Terms Ui c 0 1. If any Participating Local Government believes another a Participating Local Government, not including the Regional Abatement Advisory .2 Councils, violated the terms of this MOU, the alleging Participating Local a Government may seek to enforce the terms of this MOU in the court in which any applicable Settlement(s) was entered, provided the alleging Participating Local Government first provides the alleged offending Participating Local Government o notice of the alleged violation(s) and a reasonable opportunity to cure the alleged violation(s). In such an enforcement action, any alleging Participating Local Government or alleged offending Participating Local Government may be E represented by their respective public entity in accordance with Washington law. P 2. Nothing in this MOU shall be interpreted to waive the right of any Participating Local Government to seek judicial relief for conduct occurring outside the scope of this MOU that violates any Washington law. In such an action, the alleged offending Participating Local Government, including the Regional Abatement Advisory Councils, may be represented by their respective public entities in accordance with Washington law. In the event of a conflict, any Participating Local Government, including the Regional Abatement Advisory Councils and its Members, may seek outside representation to defend itself against such an action. 3. Venue for any legal action related to this MOU shall be in the court in which the Participating Local Government is located or in accordance with the court rules on venue in that jurisdiction. This provision is not intended to expand the court rules on venue. 4. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Participating Local Governments approve the use of electronic signatures for execution of this MOU. All use of electronic signatures 10 Packet Pg. 244 8.7.b shall be governed by the Uniform Electronic Transactions Act. The Parties agree not to deny the legal effect or enforceability of the MOU solely because it is in electronic form or because an electronic record was used in its formation. The Participating Local Government agree not to object to the admissibility of the MOU in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 5. Each Participating Local Government represents that all procedures necessary to authorize such Participating Local Government's execution of this MOU have been performed and that the person signing for such Parry has been authorized to execute the MOU. E L O U. C O [Remainder of Page Intentionally Left Blank — Signature Pages Follow] a .2 a 'o Q O 11 Packet Pg. 245 8.7.b This One Washington Memorandum of Understanding Between Washington Municipalities is signed this day of , 2022 by: Name & Title On behalf of 4894-0031-1574, v. 2 12 L O LL O r cc Q ..2+ L M a .2 Q O Packet Pg. 246 8.7.b EXHIBIT A E Packet Pg. 247 8.7.b OPIOID ABATEMENT STRATEGIES PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse services that include the full American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including but not limited to: a. Medication -Assisted Treatment (MAT); b. Abstinence -based treatment; c. Treatment, recovery, or other services provided by states, subdivisions, community health centers; non -for -profit providers; or for -profit providers; d. Treatment by providers that focus on OUD treatment as well as treatment by providers that offer OUD treatment along with treatment for other SUD/MH conditions, co -usage, and/or co -addiction; or e. Evidence -informed residential services programs, as noted below. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based, evidence -informed, or promising practices such as adequate methadone dosing. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction and for persons who have experienced an opioid overdose. 6. Support treatment of mental health trauma resulting from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose 1 Packet Pg. 248 8.7.b or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including medical detox, referral to treatment, or connections to other services or supports. 8. Support training on MAT for health care providers, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community -based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 10. Provide fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 12. Support the dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web - based training curriculum and motivational interviewing. 13. Support the development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for and recovery from OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Provide the full continuum of care of recovery services for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including supportive housing, residential treatment, medical detox services, peer support services and counseling, community navigators, case management, and connections to community -based services. 2. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 2 Packet Pg. 249 8.7.b 3. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including supportive housing, recovery housing, housing assistance programs, or training for housing providers. 4. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co - usage, and/or co -addiction. 5. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 6. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions, co -usage, and/or co - addiction. 7. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high -quality programs to help those in recovery. 8. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to manage the opioid user in the family. 9. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 10. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or are at risk of developing — OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence - based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 3 Packet Pg. 250 8.7.b 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Support training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 6. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, or persons who have experienced an opioid overdose, into community treatment or recovery services through a bridge clinic or similar approach. 7. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions, co - usage, and/or co -addiction or persons that have experienced an opioid overdose. 8. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 9. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have experienced an opioid overdose. 10. Provide funding for peer navigators, recovery coaches, care coordinators, or care managers that offer assistance to persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have experienced on opioid overdose. 11. Create or support school -based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 12. Develop and support best practices on addressing OUD in the workplace. 13. Support assistance programs for health care providers with OUD. 14. Engage non -profits and the faith community as a system to support outreach for treatment. 15. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 16. Create or support intake and call centers to facilitate education and access to treatment, prevention, and recovery services for persons with OUD and any co- occurring SUD/MH conditions, co -usage, and/or co -addiction. 0 Packet Pg. 251 8.7.b 17. Develop or support a National Treatment Availability Clearinghouse — a multistate/nationally accessible database whereby health care providers can list locations for currently available in -patient and out -patient OUD treatment services that are accessible on a real-time basis by persons who seek treatment. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co - usage, and/or co -addiction who are involved — or are at risk of becoming involved — in the criminal justice system through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or post -arrest diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise and to reduce perceived barriers associated with law enforcement 911 responses; or g. County prosecution diversion programs, including diversion officer salary, only for counties with a population of 50,000 or less. Any diversion services in matters involving opioids must include drug testing, monitoring, or treatment. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, but only if these courts provide referrals to evidence -informed treatment, including MAT. 5 Packet Pg. 252 8.7.b 4. Provide evidence -informed treatment, including MAT, recovery support, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual - diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice - involved persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support evidence -based, evidence -informed, or promising treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Provide training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 3. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 4. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 0 Packet Pg. 253 8.7.b 5. Offer enhanced family supports and home -based wrap -around services to persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including but not limited to parent skills training. 6. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 2. Academic counter -detailing to educate prescribers on appropriate opioid prescribing. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision -making by increasing the quantity, quality, or format of data available to prescribers using PDMPs or by improving the interface that prescribers use to access PDMP data, or both; or c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD. 6. Development and implementation of a national PDMP — Fund development of a multistate/national PDMP that permits information sharing while providing appropriate safeguards on sharing of private health information, including but not limited to: a. Integration of PDMP data with electronic health records, overdose episodes, and decision support tools for health care providers relating to OUD. 7 Packet Pg. 254 8.7.b b. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based, evidence - informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Corrective advertising or affirmative public education campaigns based on evidence. 2. Public education relating to drug disposal. 3. Drug take -back disposal or destruction programs. 4. Fund community anti -drug coalitions that engage in drug prevention efforts. 5. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 6. Engage non -profits and faith -based communities as systems to support prevention. 7. Support evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent - teacher and student associations, and others. 8. School -based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 9. Support community -based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 10. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 11. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses or other school staff, to Packet Pg. 255 8.7.b address mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, opioid users, families and friends of opioid users, schools, community navigators and outreach workers, drug offenders upon release from jail/prison, or other members of the general public. 2. Provision by public health entities of free naloxone to anyone in the community, including but not limited to provision of intra-nasal naloxone in settings where other options are not available or allowed. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 10. Support mobile units that offer or provide referrals to treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 11. Provide training in treatment and recovery strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions, co -usage, and/or co -addiction. 12. Support screening for fentanyl in routine clinical toxicology testing. 0 Packet Pg. 256 8.7.b PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items C8, D1 through D7, HI, H3, and H8, support the following: 1. Current and future law enforcement expenditures relating to the opioid epidemic. 2. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Community regional planning to identify goals for reducing harms related to the opioid epidemic, to identify areas and populations with the greatest needs for treatment intervention services, or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A government dashboard to track key opioid-related indicators and supports as identified through collaborative community processes. 3. Invest in infrastructure or staffing at government or not -for -profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to in various items above, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not -for -profit entities to abate the opioid crisis. 2. Invest in infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, co -usage, and/or co -addiction, or implement other 10 Packet Pg. 257 8.7.b strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 6. Research on expanded modalities such as prescription methadone that can expand access to MAT. 11 Packet Pg. 258 8.7.b Local County Government Adams County Adams County Hatton Lind Othello Ritzville % Allocation 0.1638732475% Washtucna County Total: 0.1638732475% Asotin County Asotin County 0.4694498386% Asotin Clarkston County Total: 0.4694498386% Benton County Benton County 1.4848831892% Benton City Kennewick 0.5415650564% Prosser Richland 0.4756779517% West Richland 0.0459360490% County Total: 2.5480622463% Chelan County Chelan County 0.7434914485% Cashmere Chelan _ Entiat _ Leavenworth _ Wenatchee 0.2968333494% County Total: 1.0403247979% Clallam County Clallam County 1.3076983401% Forks Port Angeles 0.4598370527% Sequim County Total: 1.7675353928% E *** - Local Government appears in multiple counties B-1 Packet Pg. 259 EXHIBIT B Local County Government % Allocation Clark County Clark County 4.5149775326% Battle Ground 0.1384729857% Camas 0.2691592724% La Center Ridgefield Vancouver 1.7306605325% Washougal 0.1279328220% Woodland*** Yacolt County Total: 6.7812031452% L 0 LL Columbia County c Columbia County 0.0561699537% 0 Dayton Q' .2 Starbuck County Total: 0.0561699537% R a 'o Cowlitz County Q p Cowlitz County 1.7226945990% — Castle Rock Kalama m E Kelso 0.1331145270% L Longview 0.6162736905% a Woodland*** c County Total: 2.4720828165% 0 a Douglas County Douglas County 0.3932175175% Bridgeport Coulee Dam*** r East Wenatchee 0.0799810865% a Mansfield Rock Island Waterville _ County Total: 0.4731986040% Ferry County Ferry County 0.1153487994% Republic County Total: 0.1153487994% *** - Local Government appears in multiple counties B-2 Packet Pg. 260 8.7.b Local County Government Franklin County Franklin County Connell Kahlotus Mesa Pasco Allocation 0.3361237144% 0.4278056066% County Total: 0.7639293210% Garfield County Garfield County 0.0321982209% Pomeroy County Total: 0.0321982209% Grant County Grant County 0.9932572167% Coulee City Coulee Dam*** Electric City Ephrata George Grand Coulee Hartline Krupp Mattawa Moses Lake 0.2078293909% Quincy Royal City Soap Lake Warden Wilson Creek County Total: 1.2010866076% E L 0 u. _ 0 R a .2 R IL 'o Q O c m E m L Q _ 0 �a 0 a a� E t 0 r Q *** - Local Government appears in multiple counties B-3 Packet Pg. 261 EXHIBIT B 8.7.b County Local Government % Allocation a Grays Harbor County Grays Harbor County 0.9992429138% Aberdeen 0.2491525333 % Cosmopolis Elma Hoquiam McCleary Montesano Oakville _Ocean Shores Westport County Total: 1.2483954471% Island County Island County 0.6820422610% Coupeville Langley Oak Harbor 0.2511550431% County Total: 0.9331973041% Jefferson County Jefferson County 0.4417137380% Port Townsend County Total: 0.4417137380% E *** - Local Government appears in multiple counties B-4 Packet Pg. 262 EXHIBIT B Local County Government % Allocation King County Algona Auburn*** 0.2622774917% Beaux Arts Village Bellevue 1.1300592573% Black Diamond Bothell*** 0.1821602716% Burien 0.0270962921% Carnation Clyde Hill Covington 0.0118134406% Des Moines 0.1179764526% ``0L c Duvall 0 Enumclaw*** 0.0537768326% ea 22- Federal Way 0.3061452240% Hunts Point a Issaquah 0.1876240107% o Kenmore 0.0204441024% p Kent 0.5377397676% Kirkland 0.5453525246% Lake Forest Park 0.0525439124% E Maple Valley 0.0093761587% L Medina a Mercer Island 0.1751797481% c Milton*** Newcastle 0.0033117880% a Normandy Park North Bend Pacific*** Redmond 0.4839486007% r Renton 0.7652626920% a Sammamish 0.0224369090% SeaTac 0.1481551278% Seattle 6.6032403816% Shoreline 0.0435834501% Skykomish Snoqualmie 0.0649164481% Tukwila 0.3032205739% Woodinville 0.0185516364% Yarrow Point County Total: 26.0505653608% *** - Local Government appears in multiple counties B-5 Packet Pg. 263 EXHIBIT B Local County Government Kitsap County Allocation a 2.6294133668% Bainbridge Island 0.1364686014% Bremerton 0.6193374389% Port Orchard 0.1009497162% Poulsbo 0.0773748246% County Total: 3.5635439479% Kittitas County Kittitas County 0.3855704683% Cie Elum Ellensburg 0.0955824915% Kittitas Roslyn South Cie Elum County Total: 0.4811529598% Klickitat County Klickitat County 0.2211673457% Bingen Goldendale _ White Salmon County Total: 0.2211673457% Lewis County Lewis County 1.0777377479% Centralia 0.1909990353% Chehalis Morton Mossyrock Napavine Pe Ell _ Toledo Vader Winlock County Total: 1.2687367832% 8.7.b E L 0 U. _ 0 R .2 R IL 'o Q O c m E m L Q _ 0 �a 0 a d E t 0 r Q *** - Local Government appears in multiple counties B-6 Packet Pg. 264 EXHIBIT B Local County Government % Allocation Lincoln Count Lincoln County 0.1712669645% Almira Creston Davenport Harrington Odessa Reardan Sprague Wilbur County Total: 0.1712669645% L 0 LL Mason County c Mason County 0.8089918012% 0 Shelton 0.1239179888% •L County Total: 0.9329097900% IL Okanogan County 'o Okanogan County 0.6145043345% CL p Brewster Conconully Coulee Dam*** m E Elmer City L Nespelem a Okanogan c Omak Oroville o - a Pateros Riverside _ — Tonasket Twisp — Winthrop _ a County Total: 0.6145043345% Pacific County Pacific County 0.4895416466% Ilwaco Long Beach Raymond South Bend County Total: 0.4895416466% *** - Local Government appears in multiple counties B-7 Packet Pg. 265 EXHIBIT B Local County Government % Allocation Pend Oreille County Pend Oreille County 0.2566374940% Cusick lone Metaline Metaline Falls Newport County Total: 0.2566374940% Pierce County Pierce County 7.2310164020% Auburn*** 0.0628522112% o Bonney Lake 0.1190773864% U. c Buckley Carbonado ea Q' .2 DuPont Eatonville a Edgewood 0.0048016791% o Enumclaw*** 0.0000000000% a O Fife 0.1955185481% Fircrest Gig Harbor 0.0859963345% E Lakewood 0.5253640894% L Milton*** a Orting c Pacific*** Puyallup 0.3845704814% a Roy Z.; Ruston South Prairie Steilacoom Sumner 0.1083157569% a Tacoma 3.2816374617% University Place 0.0353733363% Wilkeson County Total: 12.0345236870% San Juan County San Juan County 0.2101495171% Friday Harbor County Total: 0.2101495171% *** - Local Government appears in multiple counties B-8 Packet Pg. 266 EXHIBIT B Local County Government % Allocation Skagit County Skagit County 1.0526023961% Anacortes 0.1774962906% Burlington 0.1146861661% Concrete Hamilton La Conner Lyman Mount Vernon 0.2801063665% Sedro-Woolley 0.0661146351% County Total: 1.6910058544% L O U. Skamania County c Skamania County 0.1631931925% 0 North Bonneville Q' .2 Stevenson County Total: 0.1631931925% R a 'o Snohomish County Q p Snohomish County 6.9054415622% — Arlington 0.2620524080% Bothell*** 0.2654558588% m E Brier L Darrington a Edmonds 0.3058936009% c Everett 1.9258363241% Gold Bar o a Granite Falls Index Lake Stevens 0.1385202891% Lynnwood 0.7704629214% r Marysville 0.3945067827% a Mill Creek 0.1227939546% Monroe 0.1771621898% Mountlake Terrace 0.2108935805% Mukilteo 0.2561790702% Snohomish 0.0861097964% Stanwood Sultan Woodway _ County Total: 11.8213083387% *** - Local Government appears in multiple counties B-9 Packet Pg. 267 EXHIBIT B Local County Government % Allocation Spokane County Spokane County 5.5623859292% Airway Heights Cheney 0.1238454349% Deer Park Fairfield Latah Liberty Lake 0.0389636519% Medical Lake Millwood Rockford Spangle Spokane 3.0872078287% Spokane Valley 0.0684217500% Waverly County Total: 8.8808245947% Stevens Count Stevens County 0.7479240179% Chewelah Colville Kettle Falls Marcus Northport Springdale County Total: 0.7479240179% Thurston Count Thurston County 2.3258492094% Bucoda Lacey 0.2348627221% Olympia 0.6039423385% Rainier Tenino Tumwater 0.2065982350% Yelm County Total: 3.3712525050% Wahkiakum County Wahkiakum County 0.0596582197% Cathlamet County Total: 0.0596582197% *** - Local Government appears in multiple counties B-10 Packet Pg. 268 EXHIBIT B Local County Government % Allocation Walla Walla County Walla Walla County 0.5543870294% College Place Prescott Waitsburg Walla Walla 0.3140768654% County Total: 0.8684638948% Whatcom County Whatcom County 1.3452637306% Bellingham 0.8978614577% Blaine o LL Everson c Ferndale 0.0646101891% 0 Lynden 0.0827115612% •L Nooksack Sumas a County Total: 2.3904469386% o .Q O Whitman County — Whitman County 0.2626805837% Albion m E Colfax L Colton a Endicott 0 Farmington Garfield o a LaCrosse Lamont Malden Oakesdale Palouse a Pullman 0.2214837491% Rosalia St. John Tekoa County Total: 0.4841643328% *** - Local Government appears in multiple counties B-11 Packet Pg. 269 EXHIBIT B Local County Government % Allocation Yakima County Yakima County 1.9388392959% Grandview 0.0530606109% Granger Harrah Mabton M oxee Naches Selah Sunnyside 0.1213478384% Tieton Toppenish Union Gap ``0L c Wapato Yakim .6060410539% R •L Zillah County Total: 2.7192887991% a 'o Q O c m E m d L tM a _ R c.i a E a *** - Local Government appears in multiple counties B-12 Packet Pg. 270 8.7.b • • E L O LL C O m Exhibit C a- m a .o Q O Q Packet Pg. 271 8.7.b KING COUNTY REGIONAL AGREEMENT King County intends to explore coordination with its cities and towns to facilitate a Regional Agreement for Opioid Fund allocation. Should some cities and towns choose not to participate in a Regional Agreement, this shall not preclude coordinated allocation for programs and services between the County and those cities and towns who elect to pursue a Regional Agreement. As contemplated in C.5 of the MOU, any Regional Agreement shall comply with the terms of the MOU and any Settlement. If no Regional Agreement is achieved, the default methodology for allocation in CA of the MOU shall apply. E L O U. C O R Q ..2 L R IL 'o Q O Packet Pg. 272 8.8 City Council Agenda Item Meeting Date: 07/23/2024 Settlement Agreement with New Cingular Wireless PCS, LLC. Staff Lead: Angela Tinker / Rob English Department: Public Works & Utilities Preparer: Emiko Rodarte Background/History On July 16, 2024, the Parks and Public Works Committee discussed this item and it was forwarded to the consent agenda for approval. Staff Recommendation Approve settlement agreement. Alternative Provide alternate direction with respect to any unacceptable terms in the agreement. Narrative The City and New Cingular Wireless PCS, LLC, successor in interest to AT&T Wireless Services of Washington, LLC, (Lessee) are parties to a lease executed on or about February 18, 2004, whereby the City leased to Lessee a certain area of the property it owns at Five Corners, located at 8505 S. Bowdoin Way, Edmonds, Washington (the Lease). The Lease is currently in month -to -month status. A dispute has arisen between the parties pertaining to payment of rent for use of the property for the calendar year 2023 and the obligations and liabilities arising pertaining thereto under the Lease. The City and Lessee have negotiated an agreed resolution, subject to city council approval. The city attorney's office with agreement of the Interim Director of Public Works recommends that the city council authorize the mayor to sign the attached settlement agreement. The city council was previously briefed on this matter in executive session. Any questions from the city council should be directed to Angela Tinker in advance of the meeting by email to: angela@lighthouselawgroup.com. Attachments: Attachment 1 - Agreement Packet Pg. 273 Site Name: 5 Corners AT&T Site #: SN64 AT&T Fixed Asset No.: 10097860 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement and Release") is made as of the latest of the signature dates below (the "Effective Date"), by and between the City of Edmonds, a municipal corporation ("City") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to AT&T Wireless Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless ("Lessee"). The foregoing named parties to this Agreement and Release may be individually referred to as a "Party," and collectively referred to as the "Parties." RECITALS A. City and Lessee's predecessor in interest entered into a Facilities Lease executed on or about February 18, 2004, as amended by that certain First Amendment to Facilities Lease Agreement dated July 18, 2012 (collectively the "Lease"), whereby City leased to Lessee a certain area therein described (the "Facility"), that is a portion of the property commonly known as Five Comers, located at 8505 S. Bowdoin Way, Edmonds, Washington 98020; and B. The 20-year term of the Lease has expired, and the City in a Consent to Holdover Tenancy did allow Lessee's continuing holdover on a month -to -month basis, under otherwise the same terms and conditions of the Lease as provided under Section 26 of the Lease; and C. A dispute has arisen between the Parties pertaining to payment of rent for use of the property for the calendar year 2023, and the obligations and liabilities arising pertaining thereto under the Lease (the Dispute); and D. To resolve this dispute and avoid the expense of litigation, without admission of liability by either Party, the Parties have reached a resolution regarding the Dispute, as further set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Settlement Payment. Within fourteen calendar days of the Effective Date, Lessee agrees to pay Landlord the amount of Ten Thousand, Five Hundred Twenty -One Dollars ($10,521.00). 2. Mutual Release of Claims. In consideration of the promises set forth in this Agreement and Release, each Party hereby agrees to fully release and discharge the other Party's past, present, and future agents, attorneys, servants, heirs, legal representatives, insurers, officers, directors, present and former shareholders, managers, members, partners, parents, subsidiaries, affiliates, employees, representatives, estates, successors and assigns from any and all actions, causes of action, claims, suits, debts, damages, judgments, costs, expenses, obligations, or liabilities of any kind whatsoever, known or unknown, direct or consequential, that the Party ever had, now has, or may in the future have that involve, arise from, or relate in any way to the subject matter of the Dispute. The releases in this Section shall not apply to any claim to enforce the terms of this Agreement and Release. 3. No Admission of Liability. Nothing in this Agreement will be construed as an admission of liability, fault, or improper action on the other part of either Party. 4. Acknowledgment. Each of the Parties to this Agreement and Release represents and warrants that it has carefully read this Agreement and Release, that it fully understands its final and binding effect, that it has had an opportunity to consult with an attorney of its own choosing prior to signing this Agreement and Release, that it has the power and authority to execute and deliver this Agreement and Release, and that it is signing this Agreement and Release voluntarily and without coercion or duress. SETTLEMENT AGREEMENT AND RELEASE - SN64, 5 Comers, FA#10097860 — PAGE 1 Packet Pg. 274 Site Name: 5 Corners AT&T Site #: SN64 AT&T Fixed Asset No.: 10097860 5. Miscellaneous. This Agreement and Release constitutes the entire understanding between the Parties in connection with the subject matter hereof and supersedes and replaces all prior negotiations, agreements, or representations, whether oral or written concerning the Dispute. Each Party acknowledges that neither Party, nor any agent or attorney of either Party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein, concerning the subject matter hereof, to induce such Party to execute this Agreement and Release. Nothing contained herein affects the rights of either party to terminate the month -to -month tenancy, and nothing contained herein obligates the city to offer a renewal lease or limits the rights of either party to negotiate any renewal lease. 6. Fees and Costs. Each Party agrees to bear its own attorneys' fees, costs, and expenses related to the preparation and negotiation of this Agreement and Release. 7. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. 8. No Reservation. Submission by either Party of this Agreement and Release to the other Party for review or signature does not constitute a reservation of or option to settle any disputes between the Parties. This Agreement and Release shall be effective only upon execution and delivery by both City and Lessee. 9. Amendment. This Agreement and Release may only be amended by a written agreement that is executed by the Parties. The amendment must expressly state it amends this Agreement and Release. 10. Successors and Assigns. This Agreement and Release binds and inures to the benefit of each Party hereto, and their respective successors and assigns. 11. Governing Law. This Agreement and Release shall be governed by and construed under the laws of the State of Washington. 12. Counterparts; Electronic Signatures. This Agreement and Release may be signed in any number of counterparts, each of which will be deemed an original and all of which together shall constitute one and the same instrument. Signatures may be applied through manually written signatures, authenticated electronic signatures (including DocuSign or Adobe Sign) or by applying a stored image of a manually written signature. Signed agreements may be delivered on paper, or as an electronic image (including PDF or jpeg file) delivered via email attachment or as a download link from an electronic file delivery system or by facsimile. Counterparts and electronically signed agreements shall legally bind the Parties to the same extent as original documents. [SIGNATURES ON FOLLOWING PAGE] SETTLEMENT AGREEMENT AND RELEASE - SN64, 5 Comers, FA#10097860 — PAGE 2 Packet Pg. 275 Site Name: 5 Corners AT&T Site #: SN64 AT&T Fixed Asset No.: 10097860 IN WITNESS WHEREOF, the Parties have executed this Agreement and Release as of the Effective Date. CITY: City of Edmonds, a municipal corporation By: Print Name: Its: Date: ATTEST/AUTHENTICATED: Print Name: Date: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Print Name: Date: TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Its: Date: SETTLEMENT AGREEMENT AND RELEASE - SN64, 5 Comers, FA#10097860 — PAGE 3 Packet Pg. 276 8.9 City Council Agenda Item Meeting Date: 07/23/2024 Legal Assessment Committee Proposed Interview Questions Staff Lead: Councilmember Michelle Dotsch Department: City Council Preparer: Beckie Peterson Background/History In 2023, Council passed Ordinance 4318, which amended Chapter 2.05, "City Attorney and City Prosecutor," to authorize the creation of a Legal Assessment Committee. The mission of this committee is to conduct an annual review of the city attorney's and the city prosecutor's performance and, periodically, to make recommendations regarding any proposed changes "to the continue with the present professional services contracts, publicize a request for proposal process, or seek to transition towards making either the city attorney or city prosecutor positions as employees of the city administration." On July 9, 2024, Council approved the Legal Assessment 2024 Work Plan. (attached). Minutes for this meeting are pending, video to this meeting are available on the city website. Recommendation Approve the proposed 2024 Legal Assessment Committee Workplan Addendum, with intended questions for private interviews of voluntary Edmonds City Government members. Narrative The Legal Assessment committee is directed by code to conduct an annual performance review of the city attorney and city prosecutor. The interview -style format for this performance review was derived as a result of the committee's consultation with the legal vendors. Attached are questions the committee intends to include in private interviews with members of Edmonds city government, according to the 2024 Legal Assessment Committee Workplan. Attachments: Addendum 1 Legal Assessment Committee 2024 interview questions final Legal Assessment Committee - Approved 2024 Work Plan ECC 2.05.035 Packet Pg. 277 8.9.a 2024 Legal Assessment Committee Work Plan, Addendum 1: Annual Assessment of Legal Vendors Questions for private interviews of voluntary Edmonds City Government members: A. City Attorney Assessment (Lighthouse Law Group): 1) What is your general role at the City of Edmonds? Describe what you do. 2) How often (on average) do you have contact with Lighthouse? 3) Please provide your input about the trustworthiness/integrity of Lighthouse? 4) In your opinion, has Lighthouse always acted in the best interests of the City of Edmonds (the municipal corporation)? 5) Please provide input whether Lighthouse's legal advice provided was proven to be accurate. 6) Does Lighthouse possess effective knowledge of Edmonds' municipal code and regulations? 7) Does Lighthouse proactively identify potential legal issues when it is aware of them and make them known to City officials so problems can be avoided? 8) Are City staff and the City Council advised on key changes in municipal law as it pertains to Edmonds? 9) Please comment on whether Lighthouse makes effective use of Executive Sessions to advise the City Council on the status and risks associated with pending or potential litigation? 10) Please comment on the document review and reparation of Lighthouse. Does Lighthouse prepare these documents with the direction and objectives communicated by the City Council, Mayor and/or department directors? 11) Please comment on the cost control/fiscal accountability of Lighthouse. 12) Please comment on the responsiveness/timeliness of Lighthouse communications. Do they follow up in a timely manner when asked for a response? 13) What obstacles, if any, have prevented you from seeking or receiving legal advice from Lighthouse? 14) Are there any areas for improvement for Lighthouse Law that you see? 15) Are there any other comments you would like to share about Lighthouse? B. City Prosecutor Assessment (Walls Law Firm): Questions for private interviews of voluntary Edmonds City Government members: 1) What is your general role at the City of Edmonds? Describe what you do. 2) How often (on average) do you have contact with the Walls Law Firm? 3) Please provide your input about the trustworthiness/integrity of the Walls Law Firm? 4) Has the Walls Law Group been communicative and responsive both in person and via email? Packet Pg. 278 2024 Legal Assessment Committee Work Plan, Addendum 1: 8.9.a 5) How has the Walls Law Group handled sensitive cases such as domestic violence and was their communication with the victims and police timely, sensitive and effective? 6) Do you have confidence in the representation of the Walls Law Firm for our constituents and if not, please elaborate why. 7) Is the representation in court by the Walls Law Firm specific to the case or a one size fits all approach? 8) Do you find the Walls Law Firm to be prepared and timely in its representation before, during and after a case is heard in court? 9) Is the pace of cases currently prosecuted by the Walls Law Firm appropriate for the City of Edmonds? 10) Do you have any concerns about tort liability as a result of using the Walls Law Firm? 11) Is the Walls Law Firm acting efficiently to not let any cases fall through for lack of timely action on their part? 12) Is the Walls Law Firm creating a case hierarchy list and are they handling that list effectively? 13) Are there any areas for improvement for the Walls Law Firm that you see? 14) Are there any other comments you would like to share about the Walls Law Firm? Packet Pg. 279 8.9.b OF O Edmonds City Council ' LEGAL ASSESSMENT COMMITTEE y CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 2024 Legal Assessment Committee Work Plan Approved July 9, 2024 COMMITTEE MEMBERS: JENNA NAND (CHAIR), MICHELLE DOTSCH (COUNCIL MEMBER) 1. Annual Assessment of Legal Vendors 1. City Attorneys Assessment: • Invite the following members of Edmonds city government to private interviews with members of the Legal Assessment Committee: • Elected Officials: Mayor, Councilmembers • Administration/Staff who regularly interact with City Attorneys: Directors, Senior Management, Court Staff (e.g. Court Administrator), Police Staff (e.g. Public Information Officer, Domestic Violence Specialist) • Have follow up meeting with a representative of the city attorney firm to discuss results of interview. • Draft a memo to be presented to Council and the public summarizing results of the interview process with the Committee's recommendation (if any). 2. City Prosecutor Assessment: • Invite the following members of Edmonds city government to private interviews with members of the Legal Assessment Committee: • Elected Officials: Mayor, Councilmembers • Administration/Staff who regularly interact with City Attorneys: Directors, Senior Management, Court Staff (e.g. Court Administrator), Police Staff (e.g. Public Information Officer, Domestic Violence Specialist) • Have follow up meeting with representative of the city prosecutor firm to discuss results of interview. • Draft a memo to be presented to Council and the public summarizing results of the interview process with the Committee's recommendation (if any). Packet Pg. 280 Ch. 2.05 City Attorney and City Prosecutor I Edmonds City Code Page 1 of 1 8.9.c 2.05.035 Performance review. The city council shall convene a permanent, standing legal assessment committee, comprised entirely of three council members or less, who undertake the responsibility of assessing both the city attorney and the city prosecutor's performance on an annual basis. The legal assessment committee may make a recommendation, from time to time, as needed, to the entire council to either continue with the present professional services contracts, publicize a request for proposal process, or seek to transition towards making either the city attorney or city prosecutor positions as employees of the city administration. The mayor and city council may also conduct joint performance reviews as appropriate. [Ord. 4318 § 2 (Exh. A), 2023; Ord. 4279 § 1 (Exh. A), 2022]. The Edmonds City Code is current through Ordinance 4360, passed June 11, 2024. Disclaimer: The city clerk's office has the official version of the Edmonds City Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. The Edmonds City Code is current through Ordinance 4360, passed June 11, 2024. Packet Pg. 281 8.10 City Council Agenda Item Meeting Date: 07/23/2024 Approval of Haul Route Agreement for Meadowdale Beach Park Estuary Restoration Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History In September 2021, the City and Snohomish County signed a Memorandum of Understanding regarding the haul route for construction of the Meadowdale Beach Park and Estuary Restoration Project. On July 16, 2024, staff presented this item to the Parks and Public Works Committee and was forwarded to the consent agenda for approval. Staff Recommendation Approve agreement. Narrative In September 2021, the City and Snohomish County signed a Memorandum of Understanding (MOU) regarding the haul route for construction of the Meadowdale Beach Park Estuary Restoration Project. The County estimated 2,700 truck trips would be needed for their project on the proposed Haul Route from Meadowdale Beach Park to 75th PL W/76th Ave in Edmonds and to Olympic View Drive into Lynnwood. The MOU was established to address the anticipated pavement damage caused by repetitive truck trips on the City's portion of the haul route. The County's project is now complete, and surveys were performed on the pre- and post -haul pavement condition. IMS, a pavement management and condition consultant, completed the surveys and found the City's pavement condition index (PCI) along the Haul Route decreased from 87 to 80. The predicted PCI if no project had occurred was 85. Based on this information, IMS calculated an increase of $142,800 in pavement maintenance costs due to the County's project. Attached is the Haul Route Agreement that documents the agreement between the City and Snohomish County and confirms the payment of $142,800 to the City. The Agreement has been approved by the Snohomish County Council. Attachments: Attachment 1 - Haul Route Agreement - Meadowdale Beach Park Estuary Restoration Project Packet Pg. 282 8.10.a HAUL ROUTE AGREEMENT MEADOWDALE BEACH PARK ESTUARY RESTORATION PROJECT THIS AGREEMENT is made and entered into this day of May 2024 by and between the City of Edmonds, hereinafter referred to as the "City," and Snohomish County, hereinafter referred to as the "County." WHEREAS, in September 2021, the City and the County entered into a Memorandum of Understanding ("MOU") regarding the Meadowdale Beach Park Estuary Restoration Project ("Project"); and WHEREAS, the MOU outlined County plans to transport items related to the Project, including but not limited to products, equipment, materials, and/or supplies over the City roads listed in the Proposed Haul Route attached as Exhibit A to the MOU; and WHEREAS, the County anticipated approximately 2,700 truck trips would be needed for the Project along the Proposed Haul Route; and WHEREAS, the City is responsible for constructing, altering, improving, and maintaining City roads under the supervision and direction of the Public Works Director; and WHEREAS, the City may limit or prohibit classes, types, or weights of vehicles, or may impose any other restrictions as may be deemed necessary, on vehicles which travel on City roads pursuant to RCW 46.44.080 to limit undue damage to the same; and WHEREAS, the City and the County anticipated that, as a result of the County's use of City roads, accelerated deterioration might occur; thus, repairs or improvements would be required and additional maintenance expenses might be incurred by the City; and WHEREAS, the City is authorized to issue special permits for vehicles to use Haul Routes pursuant to the provisions of RCW 46.44.080; and WHEREAS, the MOU provided that the County would document and track truck trips on the Haul Route associated with the Project; and WHEREAS, the Project has been completed and a consultant has determined the estimated pavement maintenance cost increases attributable to the Project; and WHEREAS, the County agrees to pay to the City the amount determined by the consultant; NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained herein, it is mutually agreed as follows: Packet Pg. 283 8.10.a 1. INTEGRATION: The recitals above and the MOU referenced therein are incorporated into this Haul Route Agreement by reference as if fully set forth herein. 2. PURPOSE STATEMENT: This Haul Route Agreement applies to the City roads described in Exhibit A to the MOU which were used by the County for the purpose of carrying out the Meadowdale Beach Park Estuary Restoration Project. The purpose of this Haul Route Agreement is to memorialize the terms by which the County will reimburse the City for the costs relating to the accelerated deterioration of City roads due to these County hauling operations. 3. GENERAL AGREEMENT AS TO ROAD USE: The County understands and agrees that, although the roads covered by this Haul Route Agreement are on the City Road System and are subject to normal traffic use, the County, by virtue of the extraordinary use of the roads, assumes responsibility for all repairs and additional maintenance costs on such roads resulting from its use of such roads as a Haul Route for the Project. Such costs are to be reimbursed by the County as outlined in Section 5. 5. COUNTY REIMBURSEMENT OF CITY EXPENSES: The consultant's evaluation found that the City's Pavement Condition Index ("PCI") for the City roads along the Haul Route decreased from 87 to 80, and the predicted PCI if no Project hauling had occurred was 85. The consultant's evaluation of the pre- and post - haul surveys determined that the estimated pavement maintenance costs increased from $107,400 (pre -haul) to $250,200 (post -haul) due to the County's truck hauling for the Project. The County hereby agrees to pay to the City the difference of One Hundred Forty -Two Thousand Eight Hundred Dollars ($142,800) within thirty (30) days of the execution of this Haul Route Agreement. 6. TERMINATION: This Agreement will automatically terminate upon the City's acceptance of the County's payment of the amount set forth in Section 5.. 7. SEVERABILITY: If any provision of this Agreement is held to be invalid it will have no effect upon the validity of the remaining provisions of this Agreement. Packet Pg. 284 8.10.a IN WITNESS WHEREOF, the parties hereto execute this Haul Route Agreement as of the date set forth above. CITY OF EDMONDS SNOHOMISH COUNTY Oscar Antillon, Director Public Works and Utilities Digitally signed by Harper, Har er Lace Lacey p , Y Date:2024.06.26 12:29:37-07'00' County Executive Approved to Form only: Digitally signed by Marsh, Marsh George Geora Date: 2024.06.03 g 13:12:28-07'00' Deputy Prosecuting Attorney Packet Pg. 285 8.11 City Council Agenda Item Meeting Date: 07/23/2024 Approval of Professional Services Agreement for the Edmonds Marsh Estuary Planning Study Staff Lead: Rob English Department: Public Works & Utilities Preparer: Emiko Rodarte Background/History On March 19, 2024, City Council authorized the Mayor to sign the grant agreement with National Fish and Wildlife Foundation to complete the study and approved proceeding with the consultant selection process to hire a consultant in accordance with the City's purchasing policy. On July 16, 2024, this item was presented to the Parks and Public Works Committee and was forwarded to the consent agenda for approval. The Committee did request a City Council presentation be added to the scope of work. This additional presentation will be added by a future supplemental agreement to the proposed agreement. Staff Recommendation Approve agreement. Narrative In partnership with a citizen volunteer group, the City applied for a National Fish and Wildlife Foundation Grant to support the planning process for the eventual restoration of the Edmonds Marsh. The scope of the work includes completing a gap analysis of the existing data, listing restoration alternatives, potential impact of exposing contaminated soil to surface water, listing the permits and approvals required for restoration, evaluating project land purchase and restoration funding options, identifying a process that defines community goals for the marsh and producing a scoping document that lists the tasks required to complete the restoration plan. In accordance with the City's Purchasing Policy, a Request for Qualifications (RFQ) was advertised. Blue Coast Engineering was selected from a group of three interested firms that submitted Statement of Qualifications (SOQs) for this project. The scope of work covers three study tasks: (1) Hydrologic Evaluation and Hydraulic Modeling; (2) Contamination Impact Analysis; and (3) Planning and Public Outreach/Engagement. Task 4 provides project management activities for the duration of the study. The proposed professional services fee is $174,997 and will be funded by the grant and local match from the Marsh Restoration Fund (Fund 017). Attachments: Attachment 1 - Agreement Packet Pg. 286 8.11.a of EDM0� d CITY OF EDMOND S MIKE ROSEN 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - WWW.EDMONDSWA.GOV MAYOR PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Blue Coast Engineering LLC, hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the Edmonds Marsh Planning Study project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE HUNDRED SEVENTY- FOUR THOUSAND NINE HUNDRED NINETY-SEVEN DOLLARS ($174,997). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. E24FE.Blue Coast Engineering PSA 1 Packet Pg. 287 8.11.a C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, 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 the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. E24FE.Blue Coast Engineering PSA 2 Packet Pg. 288 8.11.a 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. E24FE.Blue Coast Engineering PSA 3 Packet Pg. 289 8.11.a 10. Termination. This being an Agreement for professional services, either parry may terminate this Agreement for any reason upon giving the other parry written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement = shall comply with all applicable Federal, State or local laws and ordinances, including regulations E for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of a services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant E24FE.Blue Coast Engineering PSA 4 Packet Pg. 290 8.11.a agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Blue Coast Engineering LLC 18320 47th PI NE Lake Forest Park, WA 98155 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of CITY OF EDMONDS Mike Rosen Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2024. BLUE COAST ENGINEERING LLC Kathy Ketteridge, PhD, PE Manager E24FE.Blue Coast Engineering PSA 5 Packet Pg. 291 8.11.a STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of 2024, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Kathy Ketteridge, Manager for Blue Coast Engineering LLC, to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: E24FE.Blue Coast Engineering PSA 6 Packet Pg. 292 8.11.a APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. E24FE.Blue Coast Engineering PSA 7 Packet Pg. 293 8.11.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). E24FE.Blue Coast Engineering PSA 8 Packet Pg. 294 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 Edmonds Marsh Estuary Planning Study City of Edmonds TEAM OVERVIEW Blue Coast Engineering LLC (Blue Coast) and Anchor QEA (AQ), referred to herein as the design team, will work closely alongside Edmonds Marsh Estuary Advocates (EMEA) to assist the City of Edmonds (City) with completing a planning study in support of restoration work at Edmonds Marsh within the City of Edmonds (Project). The purpose of this project is to collect information in support of the planning process for reconnecting the Edmonds Marsh to Puget Sound and restoring estuary habitat; a plan that would reduce community flood risk, support the Puget Sound food web, and create rearing habitat for salmon, forage fish, birds and wildlife. Work completed by the design team will include hydraulic modeling of existing and proposed conditions within the Project area (and near vicinity), a contamination impact analysis, and planning and public outreach/engagement activities as described in this Scope of Work (SOW). This SOW has been developed based on the specific scope of work outlined in the Request for Qualifications (RFQ) for the project and our team's approach provided in our response to the project RFQ. Blue Coast will be the prime consultant on the project responsible for overall project management, hydraulic modeling, coastal geomorphology, development of alternatives, public outreach and associated reporting. Anchor QEA will be conducting the contamination impact analysis and will work with Blue Coast on the planning and public outreach task. SCOPE OF WORK OVERVIEW This SOW includes the three tasks outlined in the RFQ and an additional Task 4 for work associated specifically with Project Management (invoicing, etc.): • Task 1: Hydrologic Evaluation and Hydraulic Modeling • Task 2: Contamination Impact Analysis • Task 3: Planning and Public Outreach/Engagement Task 4: Project Management Each of these tasks, including assumptions and deliverables are discussed in more detail below. A summary of costs by task (including breakdown of labor by consultant and expenses) is provided in Attachment 1. Edmonds Marsh Planning Study City of Edmonds Packet Pg. 295 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 SCOPE OF WORK DESCRIPTION Task 1: Hydrologic Evaluation and Hydraulic Modeling Our Team, led by Blue Coast, will review and utilize the existing site hydrology as well as develop a 2D hydrodynamic model (HEC-RAS) for the Project area that will include stream inflows coupled with dynamic tidal conditions. The model will be used inform the feasibility study and alternatives development and analysis. Modeling will include impacts of extreme water level (including estimated storm surge) and increased rainfall intensity (increased peak streamflow) which are predicted to occur in the Puget Sound region due to climate change. The models will be used define existing conditions, to develop and evaluate alternatives, and to predict the potential for flooding of adjacent properties and scour or transport (or other impacts) to contaminated sediments at the Unocal site. More detail about our modeling approach outlined in accordance with the tasks laid out in the RFQ is provided below. Subtask 7.1 Modeling Plan Review Meeting: Our modeling team will meet with City and EMEA staff to review the hydrodynamic modeling plan (tidal hydrodynamic models) and refine the plan, as needed, based on City and EMEA comments. Specific information discussed will include specific tide, freshwater inflow (hydrology) and storm wave conditions considered with the number of simulations included in this SOW. Two Blue Coast staff will attend this meeting. Budget in this task includes creation of a meeting summary to document the final modeling plan (model simulations) developed in coordination with City and EMEA staff. Subtask 7.2 Compile and Review Existing Information: Our modeling and engineering team will compile and review existing information provided by City Public Works staff and EMEA members, as well as other publicly available and relevant information. Site specific information identified during the site visit (scoped in Task 4) will also be included in the review of existing information as part of this task. Documents will be organized on a Project Teams site that will be made accessible to City staff, EMEA members and design team staff. Following initial review of resources by the modeling team, a meeting will be held with City and EMEA staff to review the information and discuss questions the modeling team may have on the provided information. Subtask 7.3 Hydrologic Evaluation: Our modeling and engineering team will review existing information, including modeling, of freshwater inputs to the Edmonds Marsh site. This review will include creek inflow, potential stormwater inflow, other runoff, and direct precipitation onto the marsh area. Based on existing information, our team will develop a set of bounding hydrology scenarios to use in hydrodynamic Edmonds Marsh Planning Study City of Edmonds Packet Pg. 296 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 modeling. These will represent a bounding low and high range of potential flows into the marsh for a range of return period (high) flow events and will reflect the uncertainty in the hydrology predictions. It is always challenging to find and quantify all sources of inflow to a project site within an urbanized area. Thus, the use of bounding flows is good practice when trying to quantity flooding risk since it accounts for uncertainties in the data and predictions of inflow to the site. The low to high range of flow events will be used in the hydrodynamic modeling (Tasks 1.4 and 1.5) to evaluate the potential risk of flooding, refine alternatives to alleviate predicted flooding (add berms, tide gates, etc.) and evaluate risk of sediment erosion (especially of contaminated areas) due to the proposed restoration options. The bounding scenarios for freshwater inflow into the project site will be reviewed with the City and EMEA staff during the Modeling Plan Review meeting (Subtask 1.1). Selection of hydrology used in the modeling will be documented as part of the meeting minutes for the Modeling Plan Review Meeting. Subtask 7.4 Develop Hydrodynamic Model and Evaluate Existing Conditions Our team will develop a refined existing conditions 2-D hydrodynamic model of the Edmonds Marsh site and adjacent areas to evaluate existing hydraulics (including flooding) at the site. Leveraging our previous experience in modelling the Edmonds Marsh site, we will revise, update, and refine the existing hydraulic model using the most recent version of the USACE HEC-RAS model software (version 6.5 or later). There have been significant improvements in the HEC-RAS model since 2018, when the latest hydraulic modeling was completed for the project. Therefore, we will develop the updated 2D model using the latest version of HEC-RAS building on existing model geometry previously developed for the site. We propose to expand the existing conditions model to include adjacent areas where flooding could occur because of the project and to validate/calibrate the model for high flow conditions to ensure we have the flows through the pipe systems and culverts correctly represented in the model. This will help to validate the hydrology developed for the project site. We will use existing site data collected during earlier phases of the project (and other existing site data for this validation/calibration effort). No new site data will be collected as part of this Subtask. The extent of validation/calibration that will be completed will depend on existing information, but at a minimum FEMA flood mapping, and water level data collected in the marsh in 2012, and imagery available from recent flood events will be used to validate/calibrate the model. Once developed, the existing conditions model will be used to complete 3 model simulations to replicate existing hydraulics at the site (focused on flood risk): Edmonds Marsh Planning Study City of Edmonds 3 Packet Pg. 297 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 1. Variable tide and a hydrograph (variable freshwater inflow) representing the December 27, 2022, flood event at the project site. This simulation will be completed for model validation purposes. 2. Variable tide and a hydrograph representing the FEMA 100-year flood event at the project site. 3. Variable tide (including sea level rise) and a hydrograph representing the FEMA 100-year flood event (increased to account for climate change) at the project site. These specific simulations will be verified during the modeling plan review meeting (Subtask 1.1) prior to existing conditions modeling being completed. This task also includes budget for a virtual progress meeting with City and EMEA staff to review the results of the existing conditions modeling prior moving forward with Subtask 1.4. Subtask 7.5. Identify Alternatives and Coastal Geomorphology Evaluation: Our team will develop two alternatives as outlined in the RFQ: (1) restoration that excludes the Unocal site and excavates a channel along the west end of the Unocal site and (2) restoration that includes areas within the Unocal site to the maximum extent possible while excluding the most contaminated areas of the site. Alternatives will consider impacts from sea level rise and increased rainfall intensity (e.g. climate change) and identify the need for berms, tide gates, or other structures to limit flooding of adjacent areas. As part of this task, our team will conduct an empirical coastal processes evaluation to identify wave conditions at and within the new tidal channel at Marine Park to inform design of the outlet channel to Puget Sound. Our team will use the empirical evaluation to conduct a coastal geomorphology evaluation of the proposed outlet channel location to develop sustainable design concepts for the outlet and mouth of the creek for the proposed alternatives. Our Team will develop digital elevation models (DEMs) in AutoCAD of both alternatives for use in the model and for illustration of the proposed alternatives in the modeling report scoped in Subtask 1.7. We expected that development of alternatives will be iterative, incorporating modeling results to refine both options to ensure the final alternatives do not increase flooding to adjacent areas or impact or mobilize contaminated sediments. Therefore, this task includes budget to refine the initial 2 alternatives to improve their performance based on modeling of the initial 2 alternatives (see Subtask 1.6). The budget for this task includes time for our team to develop DEMs for the initial 2 alternatives described above and then 2 additional DEMs representing a refinement to the initial 2 alternatives based on modeling results. Locations of berms or other topographic features and potential changes to existing stormwater infrastructure will also be identified for each refined alternative. Edmonds Marsh Planning Study City of Edmonds 4 Packet Pg. 298 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 This work assumes LIDAR shapefiles representative of existing conditions at the project site and vicinity are available and adequate (without significant QA/QC or modification) for use in the modeling and alternatives identification tasks. Subtask 7.6 Model Alternatives and Evaluate Results The two initial alternatives identified in Subtask 1.5 will be evaluated using the HEC-RAS model developed in Subtask 1.4. Each alternative will be modeled using Simulation #3 (climate change considered) listed in Subtask 1.4 used for the existing conditions modeling. For each simulation, the hydrograph used to define freshwater flows into the model will include a high flow and low flow period. The results of the modeling for the initial 2 alternatives will be evaluated to examine extent of adjacent area flooding (predicted water surface elevations) and current velocities within the channel and floodplain areas that may contribute to erosion in or adjacent to the restored marsh and tidal channels. The results of these model simulations will be used to refine the 2 initial alternatives to reduce potential for flooding, erosion or other negative impacts to adjacent areas. Updated DEMs for the refined alternatives will be completed as part of Subtask 1.5. This task includes budget for a virtual progress meeting with City and EMEA staff to review the results of the initial alternatives modeling and proposed refinements prior moving forward with modeling of the refined alternatives. Additional modeling will be conducted for the refined alternatives using Simulations #2 and #3 listed in Subtask 1.4 used for the existing conditions modeling. These modeling results will be evaluated to determine if anticipated improvements to flooding and erosion potential were improved compared to the initial alternatives. If additional refinement is needed based on review of these additional modeling simulations, those improvements will be documented in the modeling report (Subtask 1.7) for further investigation during later phases of the project. Subtask 7.7 Reporting: Our Team will develop a draft and final modeling report that summarizes work completed in Subtasks 1.1 through 1.6. The report will include a plan view of the original identified restoration alternatives (2) and the refined alternatives (2). Final report will be completed, with review and input from the City, EMEA and other stakeholders incorporated. The report will focus on the evaluation of model results with a brief description of modeling means and methods. Task 1 Deliverables • Meeting Summary for the Model Refinement Meeting, PDF Format (Subtask 1.1) Edmonds Marsh Planning Study City of Edmonds 5 Packet Pg. 299 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 • PowerPoint Presentation summarizing results of the existing conditions modeling for the progress meeting (Subtask 1.5) • PowerPoint Presentation summarizing results of the initial alternatives modeling and proposed refinements for the progress meeting (Subtask 1.6) • Draft Hydraulic Analysis Report, Word Format with PDF Figures (Subtask 1.7) • Final Hydraulic Analysis Report, PDF Format (Subtask 1.7) Task 1 Assumptions • All meetings will be virtual and approximately 1 hour in duration. Two Blue Coast staff will attend each virtual meeting. • Previous 1 D HEC-RAS modeling files are available from the for use in the modeling effort. • Site topography within the project area and adjacent areas to be included in flooding analysis (i.e. modeling) is available as LIDAR shapefiles. • Information for culverts and other hydraulic control structures within the project area is available. • Existing conditions modeling is limited to 3 simulations using dynamic tide and freshwater inflows • Alternatives modeling is limited to 6 total simulations (1 per initial alternative and 2 per refined alternative) using dynamic tide and freshwater inflows • Sea level rise estimates will be taken from the reference Sea Level Rise in Washington State — A 2018 Assessment (Miller et al. 2018) considered to be the most appropriate reference for sea level rise predictions for the Puget Sound Region. representative sea level rise value will be used in the modeling (likely predictions for the year 2075, subject to discussion during the Model Plan Review Meeting). • Specifics of model simulations will be discussed during the Modeling Plan Review Meeting prior to start of modeling work. • No wave modeling is included in this scope of work; an empirical evaluation of coastal processes and coastal geomorphic analysis will be completed to inform design of the channel outlet at Marine Park. This analysis will leverage the previous coastal processes evaluation conducted for the project site by others. • If modeling of refined alternatives continues to show minor flooding impacts or other concerns, these issues will be documented in the Hydraulic Analysis Report to be incorporated into the final proposed alternative at later phases of the project. Only one set of refined alternatives will be modeled as part of this Subtask. Review comments on the draft report from the City and EMEA will be provided to Blue Coast as a single compiled set of comments. Edmonds Marsh Planning Study City of Edmonds 6 Packet Pg. 300 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 Task 2: Contamination Impacts Analysis Our team, led by Anchor QEA, will conduct an analysis of the potential impacts to the restoration project from remaining contamination present in the former Unocal Property. The assessment will both inform and be based on the alternatives developed as part of Subtask 1.4. Anchor QEA will also collaborate with the Edmonds Marsh Estuary Advocates to assemble information on site and remediation history. Subtask 2.7 Existing Information Review: The preliminary focus of this work will be to compile and summarize available information regarding previous remediation at the former Unocal site, focusing on the lower yard and adjacent areas where proposed restoration is being considered. Anchor QEA will support EMEA to obtain and index all relevant, available information related to remediation efforts for ease of tracking and referencing in development of the current understanding of the environmental site conditions. Reports will be cataloged for relevance with soil, groundwater, remedial actions, and other information to inform expected site conditions and allow future use for determining relevance and tracking individual data. The results of this effort will be documented in the draft and final reports developed as part of Subtask 2.5. Subtask 2.2 Cleanup Regulations & Guidance: Anchor QEA will support assembly of cleanup requirements and considerations following existing information review, which will be led by Ken Lederman of McCullough Hill, PLLC, under separate authorization. Anchor QEA will support Ken, who will summarize existing legal considerations, including cleanup requirement obligations imposed by Ecology and Washington Administrative Code (WAC) considerations, as it applies to potential restoration options and the existing ongoing cleanup efforts in the lower Unocal yard. Specifically, this effort will focus on any WAC requirements, or existing or future covenants related to cleanup that would impact redevelopment of the lower Unocal yard for restoration purposes. As environmental covenants have not been developed for the site yet, Anchor QEA will support the team by providing examples from other similar sites to facilitate an understanding of limitations on future uses. McCullough Hill will also provide support to identify key risks with a potential future land ownership transfer and recommendations for actions to reduce or eliminate the risks. Anchor QEA's input will be incorporated into a stand-alone memorandum developed by McCullough Hill. Subtask 2.3. Identify Areas of Contamination, Disposal & Treatment Options: The team will use existing cleanup and feasibility study documentation summarized and reviewed as part of Subtask 2.1 to determine areas of concern regarding remaining soil and groundwater contamination, including determining depths that groundwater can be expected over a range of seasonal conditions. This will inform the expected contaminated materials (soil and groundwater) Edmonds Marsh Planning Study City of Edmonds Packet Pg. 301 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 that could be encountered. We will develop figures and text in the draft and final Contamination Impacts Analysis reports that document expected extents of contamination. This information will be developed in conjunction with restoration alternative development to inform siting potential channel locations through the lower yard. While the goal of proposed excavation within the former Unocal site as part of site restoration would be to avoid areas where management measures would be required, this may not be fully achievable based on proposed restoration goals for the site. Therefore, if needed, Anchor QEA will develop recommendations for management measures that may be required during construction as part of a Soils Management Plan to be developed in the future to reduce environmental impacts during construction based on the identified areas and expected extents of contamination,. Management actions that may be required, but would need to be confirmed during design and permitting at a future stage of the project, include segregating excavated and contaminated soils and capturing and treating impacted groundwater and contact stormwater during construction. The framework for this type of material management will be developed, including specific best management practice requirements, based on the anticipated activities required to address contamination during construction and what may be required through a future Soils Management Plan. Subtask 2.4. Evaluate Mitigation Options & Impacts Post Restoration: Anchor QEA will recommend remediation measures that can be implemented concurrently with restoration construction to minimize the potential for exposure to contamination during and after completion of daylighting and other restoration activities, along with specific remediation measures and best management practices to reduce exposure in areas of higher concern. The team will review locations in the proposed alternatives that have the potential for elevated ecological or human health risks associated with soil, groundwater, and surface water and analyze related risks. This information will then be used to develop relevant remediation measures that can be incorporated into the restoration design to mitigate release of or exposure to additional contamination that is present on -site. A range of potential strategies may be identified in areas where information about existing conditions is inadequate to determine the best remedial measures. These remediation measures will be evaluated for permanence and effectiveness, and include a magnitude of cost to help future planning efforts for alignment of a daylighted channel, funding, and project development. At a minimum, the remedies that will be developed will be protective of water quality and ecological receptors in the daylighted channel project area, while also being protective of potential human health exposure in any newly exposed areas of excavation in potential floodplain or marsh areas. The team will also review the existing site -specific cleanup values and compare them with existing SMS (sediment management standards) to review the level of protectiveness of human health and ecological receptors within the context of the proposed channel daylighting project. This will help Edmonds Marsh Planning Study City of Edmonds 8 Packet Pg. 302 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 inform the potential exposure scenarios once restoration occurs by providing a point of reference for the site -specific standards relative to accepted and widely used ecological and human health risk values. Subtask 2.5. Reporting: Anchor QEA will present the results of these analyses and evaluations in a Contamination Impacts Analysis report to summarize background information, construction best management practices, the potential for exposure after restoration, cleanup values, and recommendations for remediation measures. Preliminary draft, draft, and final reports will be completed, with review and input from the City of Edmonds and other stakeholders incorporated in each iteration. Task 2 Deliverables • Liability Risk Memorandum prepared by McCullough Hill, with Anchor QEA support • Input to Alternatives Development • Preliminary Draft, Draft, and Final Contamination Impacts Analysis Report Task 2 Assumptions • EMEA will lead development of cataloging existing available information regarding site conditions and provide that information to Anchor QEA for use. • The results of each of the Subtasks will be included in the Contamination Impacts Analysis Report, except the input regarding potential liability considerations related to property transfer will be provided in a separate deliverable from McCullough Hill. • Impacts and an extrapolation of the potential for contamination to breakthrough recommended remediation elements as part of construction will be developed at a conceptual level based on best professional judgment and Anchor QEA experience with implementation of remediation elements. Specific modeling of various remediation alternatives, including effectiveness of isolation caps or other project specific breakthrough times of remaining contamination, won't be conducted at this stage of the project. • Review comments on the draft report from the City and EMEA will be provided to Blue Coast as a single compiled set of comments. Task 3: Planning and Public Outreach/Engagement Our Team, led by Blue Coast, will complete preliminary planning and public outreach/engagement activities to inform restoration at the project site. We understand that EMEA staff will be assisting with some of this work, as outlined in the RFQ for the project. Work included in this Task, with associated EMEA assistance, is summarized below: • Subtask 3.1 — Data Compilation, Review and Development (EMEA staff will complete 90% of this work) Edmonds Marsh Planning Study City of Edmonds 9 Packet Pg. 303 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 • Subtask 3.2 — Outline Permit Requirements and Associated Data Gaps (EMEA staff will complete 30% of this work) • Subtask 3.3 — Develop Community Engagement Plan • Subtask 3.4 — Conduct 2 Public Workshops (EMEA staff will complete 50% of task) • Subtask 3.5 — Planning Summary Report Subtask 3.7 — Data Compilation, Review, and Development Our Team's role on this task is limited to review of existing information compiled by EMEA staff, develop and host a Team's site to organize all materials relevant to this SOW in one location, and provide suggestions for additional data sources not currently included in EMEA's files. Specific information that will be reviewed and potentially amended by our Team include the following: Existing Marsh Restoration Data: Review existing hyperlinked document of sources. Add additional sources to that document, as needed. Reference Site Information: Review list of reference sites and provide additional information on other reference sites, including short summaries, as needed. • List of Potential Funding Sources: Review list of sources available from EMEA and provide additional information on other potential funding sources, as needed. Additional data sources, reference site information, or funding source options identified by our Team as part of this project will be provided to the City and EMEA directly for inclusion in project files maintained by those entities and will also be added to the Teams site developed for the project. Subtask 3.2 Outline Permit Requirements and Associated Data Gaps Anchor QEA will lead this task; they have developed a standard Puget Sound permit matrix with agencies, requirements, and timelines that they will tailored to the Edmonds Marsh Restoration project. Permitting estuary restoration can often be completed through one or more streamlined permitting pathways that have been developed recently and make the project exempt from many local (city) permits and takes advantage of programmatic federal permits to expedite the time for federal and state permit review. We will work collaboratively with EMEA on this task to determine and document if this project may be eligible for one of these programs. Anchor QEA will provide the permit matrix with a high-level recommended permitting strategy for the project based on the identified alternatives from Subtask. 1.4. In addition to the permit matrix, our Team will develop a corresponding list of data and studies required to obtain permits for the project based on the permitting strategy suggested. A data gaps table will be incorporated into the permitting matrix as a deliverable for this Subtask and will be included in the Planning Summary Report scoped as part of Subtask 3.5. Edmonds Marsh Planning Study City of Edmonds 10 Packet Pg. 304 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 The permitting matrix will also illustrate where other non -planning steps for the project align within the permitting timeframe, including potential funding sources, community engagement, preliminary design, land acquisition, final design and construction. Subtask 3.3 Community Engagement Plan Community engagement needs to be tailored to the community impacted by the proposed project. Led by Blue Coast, our Team will identify an effective communication strategy and engagement opportunities for the City and EMEA to move the project forward from the current planning phase outlined in this SOW through final design. This strategy will build upon the framework outlined in Section 2 of "Climate Element Planning Guidance", Washington State Department of Commerce, December 2023 - Intermediate Version, to the extent practical. No specific timeline will be developed as part of this plan, instead timing for proposed outreach activities will be relative to planning and design milestones. This plan will not be a standalone document, but will be included in the Planning Summary Report scoped in Subtask 3.5. Subtask 3.4 Public Workshops This task includes budget for our Team to develop materials and attend/present at two public workshops throughout the duration of this project. The first workshop will focus on project background and will be led primarily by the City and EMEA staff. The second workshop will provide a summary of the findings of the study being conducted under this scope of work and will be led primarily by Blue Coast and Anchor QEA staff. For both workshops, EMEA will organize, plan and advertise the workshop, will take meeting minutes, and will provide project background, introductions, and next steps discussions during the workshops. Our Team will provide PowerPoint presentation slides for use in each workshop and 2 Team member staff will attend each workshop in person. If the workshops are virtual, 1 additional Team member could be added to the workshop. Subtask 3.5 Reporting: This task includes budget to develop a Planning summary report that will include the following information from Task 3: • Summary of proposed permitting strategy, including permitting matrix and data gaps table (Subtask 3.2) • Community Engagement Plan (Subtask 3.3) • PDF document with hyperlinks to available information sources as an appendix (Subtask 3.1) • Minutes from both public workshops, developed by others, as an appendix (Subtask 3.4) Edmonds Marsh Planning Study City of Edmonds 11 Packet Pg. 305 Blue Coast Engineering and Anchor QEA 8.11.a July 8, 2024 Task 3 Deliverables • PowerPoint slides for use in each of the Public Workshops • Draft Planning Summary Report, Word, figures in PDF • Final Planning Summary Report, PDF Task 3 Assumptions • Scope of work and budget for Subtasks 3.1, 3.2 and 3.4 are based on current understanding of EMEA participation in the work, as described in this SOW as noted at the beginning of this task. • Review, compilation, and synthesis of Unocal cleanup documents is scoped as part of Task 2.1. • Development of permitting applications, documents, or meetings with regulatory agencies is not included in this SOW. • Permit matrix, showing data collection and other non -planning next steps in the project, will be based on typical time frames for similar work and is subject to change as the project moves forward. • Potential changes to current stormwater permits for re -direction of stormwater discharge from Point Edwards Condominums into Edmonds Marsh will be reviewed at a high level depending on availability of information and budget available in this task. • EMEA will organize, advertise, and document Public Workshops (Subtask 3.4), our Team's effort is limited to development of meeting materials relevant to our SOW and attendance at the workshops to present those materials and answer relevant questions. • Review comments on the draft report from the City and EMEA will be provided to Blue Coast as a single compiled set of comments. Task 4 — Site Visit and Project Management This task includes budget for a site visit and general project management activities, including internal coordination and invoicing through June 2025. Task 4 Deliverables • Monthly invoices, including cover letter summarizing work completed in that month Task 4 Assumptions • Site visit will include 4 Project Team staff and will be 4 hours in duration. • No meeting summary will be provided for the site visit. Observations will be documented in the appropriate report (one of 3) scoped in Tasks 1, 2 and 3 of this SOW. Edmonds Marsh Planning Study City of Edmonds 12 Packet Pg. 306 8.11.a Attachment 1: Fee Proposal (FINAL) Blue Coast Labor Subconsultant (Sub) Labor Blue Coast Expenses Principal Sr.Engineer Engineer 2 Engineer 1 Sr. Scientist Sr. Geospatial Analyst Sr. Ecologist Jr Scientist Intern Labor Subtotal Anchor QEA Ken Lederman Technical Editor Markup (55,o) Sub Cost Subtotal Equipment Costs Travel Other Direct Costs Subtotal Total Price Task Task 1 - Modeling 36 160 148 44 80 0 64 40 $76,636 $1,968 $0 $300 $113 $2,381 $1,000.00 $300.00 $1,300 $ 80,317 1.1 Refine Modeling Plan 2 2 $722 $o $0 $0 $ 722 1,2 Compile/Review Existing Info 4 16 24 8 40 $8,468 $0 $0 $0 $ 8,468 1,3 Develop Model, Existing Conditions Model 8 90 40 40 $27,388 $0 $0 $0 $ 27,388 1.4 Identify Alternatives 8 8 16 $5,240 $0 $0 $0 $ 5,240 1.5 Hydrologic Analysis 2 4 32 $6,278 $1,968 $98 $2,066 $0 $ 8,344 1.6 Model Alternatives 4 24 60 8 8 40 1 $17,664 $0 $0 $0 $ 17,664 1.7 Reporting 8 16 24 4 8 24 $10,876 $300 $15 $315 1 $0 $ 11,191 Task 2 - Contamination Evaluation 0 0 0 0 0 0 0 0 0 $0 $48,083 $2,500 $2,529 $53,112 $0 $ 53,112 Task 3 - Public Outreach and Planning 32 2 0 40 0 24 $13,572 $12,800 $640 $13,440 $0.00 $300.00 $0.00 $300 $ 27,312 $ - Task 4 - PM and Meetings 10 32 0 8 $8,654 $5,144 $257 $5,401 $200.00 $200 $ 14,255 Subtotals $14,898 $32,9801 $17,316 $0 $14,996 $11,760 $0 $5,3121 $1,6001 $98,8621 $67,995 $2,500 $3001 $3,5401 $74,3351 $1,000 $800 $0 $1,8001 $174,997 Project: Edmonds Marsh Planning Study Developed by: K.Ketteridge, K. List, J. Cote, D. Ormerod Developed for: City of Edmonds Date: July 10, 2024 lus 1 �� BLUE COAST ENGINEERING Packet Pg. 307 8.12 City Council Agenda Item Meeting Date: 07/23/2024 Ordinance Amending Authorized Employee Positions Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Kimberly Dunscombe Background/History Earlier this year, the city adopted Ordinance 4359 to solidify and transparently acknowledge the number of Full -Time Equivalents (FTE) the City is authorized to employ. At the July 16, 2024 Public Safety, Planning, Human Resources and Personnel Committee meeting two job descriptions were approved. This ordinance reflects the intentions of the job description acceptance on the approved and authorized City FTE's. Staff Recommendation Staff recommends Council approve the attached Ordinance amending the number of authorized FTE as shown in Exhibits A and B as part of the consent agenda. Narrative Added job descriptions were approved in the Public Safety, Planning, Human Resources and Personnel Committee on July 16th and recommended to be forwarded to the next available Council meeting consent agenda. Attachments: 2024-07-17 Ordinance repealing 4359 - Authorized Employee Positions Packet Pg. 308 8.12.a ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY'S AUTHORIZED EMPLOYEE POSITIONS AND PAY RANGES AND REPEALING ORDINANCE 4359 WHEREAS, pursuant to RCW 35A. 11.020, "[t]he legislative body of each code city shall have power ... to define the functions, powers, and duties of its officers and employees; ... , to fix the compensation and working conditions of such officers and employees... "; and WHEREAS, pursuant to RCW 35A.12.090, "[t]he mayor shall have the power of appointment and removal of all appointive officers and employees;" and WHEREAS, pursuant to RCW 35A.33.050, "[t]he salary or salary range for each office, position or job classification shall be set forth separately together with the title or position designation thereof: PROVIDED, That salaries may be set out in total amounts under each department if a detailed schedule of such salaries and positions be attached to and made a part of the budget document;" and WHEREAS, pursuant to RCW 35A.33.105, "[n]otwithstanding the appropriations for any salary, or salary range of any employee or employees adopted in a final budget, the legislative body of any code city may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees if sufficient funds are available for appropriation to such purposes;" and WHEREAS, the City of Edmonds has historically adopted its budget at the fund level; and WHEREAS, the City of Edmonds budget book is typically finalized administratively after adoption of the budget ordinance; and WHEREAS, city council intends that the City of Edmonds budget book be conformed to 2 this ordinance, as it may be amended from time -to -time; and O ti WHEREAS, with respect to the employee positions that the mayor is authorized to hire, c this ordinance, as it may be amended from time -to -time, is intended to be the controlling document; N 0 N and } c as E Packet Pg. 309 8.12.a WHEREAS, previous versions of this ordinance were adopted with Ordinances 4336, 4344, and 4359; and WHEREAS, should it become necessary to defund or deauthorize the filling of a particular position, it is intended that the FTE levels in this ordinance be adjusted in concert with an associated budget amendment; and WHEREAS, the city council intends to use this ordinance to establish the number and types of employee positions, wage and salary rates and ranges for all the city's employees; WHEREAS, with this amendment, the city council intends to remove the position of Administrative Services Director (NR-44) and add the position of Finance Director (NR-44); WHEREAS, with this amendment, the city council intends to revise the job title of Permit Supervisor to Permitting Program Manager; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The number and titles of authorized Full -Time Equivalent employees (FTEs), including full-time and part-time regular employees, shall be established at 284.9 FTEs, as detailed in Attachment A, which is attached hereto and incorporated herein by this reference as if set forth in full. The mayor is authorized to hire only those authorized positions shown on Attachment A and only pursuant to the salary ranges shown therein. Section 2. The number and titles of authorized Full -Time Equivalent employees (FTEs), c including full-time and part-time irregular employees, shall be established at 12.8 FTEs, as detailed n a� in Attachment B, which is attached hereto and incorporated herein by this reference as if set forth in full. It is the intention that irregular positions are not benefit eligible and/or union positions. At no ,=c c time should the schedule of irregular positions into which employees are hired be such that it would O cause the position to become benefit eligible or covered by a union, unless otherwise called out in a ti collective bargaining agreement. The mayor is authorized to hire only those authorized positions o 4 shown on Attachment B and only pursuant to the salary ranges shown therein. N Section 3. This ordinance shall apply and continue in effect until amended by subsequent E ordinance of the city council. Ordinance 4359 is hereby repealed. 2 a Packet Pg. 310 8.12.a Section 4. This ordinance, as it may be amended from time -to -time, shall be included as an exhibit to every proposed and final budget book, PROVIDED THAT the city council need not take annual action to re -adopt this ordinance unless it deems it necessary to change the number and/or titles of authorized FTEs Section 5. This ordinance shall control in the event of any conflict between this ordinance and the final budget book or any other action of the city council purporting to authorize the hiring of employees. Nothing in this ordinance shall be construed to abrogate an existing obligation of the City of Edmonds with regard to its various collective bargaining agreements. Section 6. 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 7. 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. MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFF TARADAY FILED WITH THE CITY CLERK: July XX, 2024 PASSED BY THE CITY COUNCIL: July XX, 2024 PUBLISHED: July XX, 2024 EFFECTIVE DATE: July XX, 2024 ORDINANCE NO. XXXX 3 a Packet Pg. 311 8.12.a ATTACHMENT A Funded Position FTE Grade Department 66.6%-100% General Fund 001) funded Legislative/Executive Assistant 1.0 NR-33 Council Mayor 1.0 156,123 Mayor Executive Assistant to the Mayor 1.0 NR-34 Mayor Human Resources Director 1.0 NR-44 Human Resources Senior Human Resources Analyst 1.0 NR-34 Human Resources Human Resources Analyst 0.6 NR-32 Human Resources Safety & Disaster Coordinator 1.0 NR-34 Human Resources Human Resources Assistant 1.0 NR-29 Human Resources Human Resources Manager 1.0 NR-40 Human Resources Court Administrator 1.0 NR-43 Court Assistant Court Administrator 1.0 NR-37 Court Lead Court Clerk 1.0 NE-29 Court Court Clerk 4.0 NE-28 Court Probation Officer 2.0 NE-33 - N E-34 Court City Clerk 1.0 NR-37 Administrative Services Deputy City Clerk 1.0 NE-31 Administrative Services Accounting Specialist 2.0 NE-30 - NE-31 Administrative Services Administrative Assistant 1.0 NE-29 - NE-30 Administrative Services Senior Office Specialist 1.0 NE-25 Administrative Services Public Records Officer 1.0 NE-32 Administrative Services Public Records Assistant 1.0 NE-30 Administrative Services Police Chief 1.0 PD-03 Police Police Assistant Chief 2.0 PD-02 Police Executive Assistant Confidential II 1.0 NR-35 Police Executive Assistant Confidential 1 1.0 NR-33 Police Police Commanders 3.0 PD-01 Police Sergeant 7.0 NE-13 Police Corporal 6.0 NE-12 Police Police Officer 47.0 NE-9 - N E-11 Police Police Crime Analyst 1.0 NE-11 Police Animal Control/Ordinance Enforcement Officer 2.0 NE-10 - NE-11 Police Q Packet Pg. 312 8.12.a Parking Enforcement Officer 1.0 NE-6 Police Police Services Assistant 6.0 NE-7 - Police NE-8 Property Officer/Evidence Technician 1.0 NE-9 Police Domestic Violence Coordinator 1.0 NE-10 Police Administrative Assistant 0.8 NE-6 Police Police Public Disclosure Specialist 2.0 NE-10 Police Community Engagement/Crime 1.0 NE-11 Police Prevention Coordinator Community Services & Economic 1.0 NR-44 Community Services Development Director & Economic Development Administrative Assistant 0.5 NE-29 - Community Services NE-30 & Economic Development Community Services Program 1.0 NE-33 Community Services Coordinator & Economic Development Arts & Cultural Services Program 1.0 NR-35 Community Services Manager & Economic Development Cultural Arts Program Specialist 1.0 NE-29 Community Services & Economic Development Communications Strategist/Public 1.0 NE-35 Community Services Information Officer & Economic Development Diversity Commission Coordinator 0.3 x02 Community Services & Economic Development Planning & Development Director 1.0 NR-44 Planning & Development Code Enforcement Officer 1.0 NE-34 Planning & Development Administrative Assistant 2.0 NE-29 - Planning & NE-30 Development Building Official 1.0 NR-39 Planning & Development Plans Examiner 2.0 NE-34 - Planning & NE-35 Development Permit Supervisor 1.0 NR-32 Planning & Development Combination Building Inspector 1.0 NE-33 - Planning & NE-35 Development Permit Coordinator 2.0 NE-29 - Planning & NE-31 Development Building Inspector 1.0 NE-33 Planning & Development Planning Manager 1.0 NR-40 Planning & Development Senior Planner 2.0 NR-35 Planning & Development Associate Planner 1.0 NR-33 Planning & Development c 0 .N 0 a d d 0 a E w d N L 0 t Q a� c =a d E Q d c �a L O c 0 .N 0 a d a) 0 a E w d N 0 t a M v _ m a a) �a c =a L 0 ti ti 0 4 N 0 N c m E M Q Packet Pg. 313 8.12.a Planner 2.0 NR-32 Planning & Development Urban Forest Planner 1.0 NR-35 Planning & Development Associate Transportation Planner 1.0 NR-33 Planning & Development Parks, Recreation, and Human Services Director 1.0 NR-44 Parks & Recreation Executive Assistant 1.0 NE-33 Parks & Recreation Parks Maintenance Manager 1.0 NR-35 Parks & Recreation Parks Maintenance Lead Worker 1.0 N Parks & Recreation Parks Maintenance Worker 13.0 1 - J Parks & Recreation Seasonal Parks Maintenance Laborer 5.0 B Parks & Recreation Field Arborist 1.0 J Parks & Recreation Parks Maintenance Mechanic 1.0 K Parks & Recreation Deputy Parks & Recreation Services Director 1.0 NR-41 Parks & Recreation Recreation Supervisor 1.0 NR-35 Parks & Recreation Recreation Coordinator 2.6 NE-33 Parks & Recreation Environmental Education & Sustainability Coordinator 1.0 NE-34 Parks & Recreation Senior Office Specialist 1.0 NE-25 Parks & Recreation Preschool Assistant 0.5 NE-21 Parks & Recreation Program Assistant 1.0 NE-27 Parks & Recreation Recreation Leader 1.2 NE-23 Parks & Recreation Interpretive Specialist 0.5 NE-23 Parks & Recreation Youth Commission Coordinator 0.5 H13 Parks & Recreation Human Services Program Manager 1.0 NE-36 Parks & Recreation Park Planner and Capital Projects Manager 1.0 NR-36 Parks & Recreation Administrative Assistant 1.0 NE-29 - N E-30 Public Works Facilities Manager 1.0 NR-38 Public Works Lead Custodian 1.0 H Public Works Custodian 5.0 D - E Public Works City Electrician 1.0 N Public Works Lead Building Maintenance Operator 1.0 M Public Works Building Maintenance Operator 3.0 J Public Works Total FTE count for positions that are 66.6%-100% General Fund (001) funded 184.4 33.3%-66.6% General Fund 001 funded Accountant 3.0 NE-36 - NE-37 Administrative Services Admino trofve Services Dmrecto 4-.0 AID Administrative Services a Packet Pg. 314 8.12.a Finance Director 1.0 NR-44 Administrative Services Deputy Administrative Services 1.0 NR-41 Administrative Director Services Public Works Director 1.0 NR-45 Public Works Executive Assistant 1.0 NE-33 Public Works Total FTE count for positions that 7.0 are 33.3%-66.6% General Fund (001) funded 0%-33.3% General Fund 001 funded Accountant 1.0 NE-36 - Administrative NE-37 Services Accounting Specialist 2.0 NE-30 - Administrative NE-31 Services Information Services Manager 1.0 NR-41 Administrative Services Information Systems Specialist 1.0 NE-35 - Administrative NE-36 Services GIS Analyst 1.0 NE-35 - Administrative NE-36 Services Systems Support Technician 2.0 NE-32 Administrative Services Web Systems Analyst 1.0 NE-33 Administrative Services Cemetery Sexton 1.0 L Parks & Recreation Parks Maintenance Worker 2.0 1 - J Parks & Recreation City Engineer 1.0 NR-43 Public Works Administrative Assistant 1.0 NE-29 - Public Works N E-30 Capital Projects Manager 5.0 NR-36 Public Works Transportation Engineer 1.0 NR-39 Public Works Senior Construction Inspector 1.0 NE-35 Public Works Senior Utilities Engineer 1.0 NR-41 Public Works Stormwater Engineer 1.0 NR-38 Public Works Stormwater Technician 1.0 NE-32 - Public Works N E-33 Associate Engineer 1.0 NR-33 Public Works Engineering Program Manager II 1.0 NR-38 Public Works Engineering Technician 4.0 NE-30 - Public Works N E-34 Permitting 0.5 NE-29 - Public Works Program Manager NE-31 Public Works Record Administrator 1.0 New, No Public Works Grade available Asset/Project Management Specialist 1.0 NR-36 Public Works Utility Locator 1.0 New, No Public Works Grade available 2 M LO M a� c CU 0 0- m m _ c L O r- ti 0 4 N 0 N c a� E 0 0 Q Packet Pg. 315 8.12.a Sewer Maintenance/GIS Worker 1.0 New, No Grade available Public Works Environmental Program Specialist 1.0 NR-33 Public Works Street/Storm Manager 1.0 NR-40 Public Works Stormwater Maintenance Lead Worker 1.0 N Public Works Senior Storm GIS Technician/Maintenance Worker 1.0 K Public Works Storm Maintenance Worker 6.0 I - J Public Works Street Maintenance Lead Worker 1.0 N Public Works Traffic Control Technician 1.0 L Public Works Senior Street Maintenance Worker- Cement Finisher 2.0 K Public Works Street/Storm Maintenance Worker 5.0 1 - J Public Works Water/Sewer Manager 1.0 NR-40 Public Works Water Maintenance Lead Worker 1.0 N Public Works Water Maintenance Worker 5.0 1 - J Public Works Water Meter Reader 2.0 E - F Public Works Water Quality Control Technician 1.0 L Public Works Sewer Maintenance Lead Worker 1.0 N Public Works Sewer Maintenance Worker 6.0 1 - K Public Works WWTP Manager 1.0 NR-41 Public Works Office Coordinator 1.0 NE-30 Public Works WWTP Pre -Treatment Technician 1.0 K Public Works WWTP Water Quality Analyst 1.0 N Public Works WWTP Instrument Technician/Plant Electrician 1.0 L - N Public Works WWTP Plant Supervisor 1.0 NR-37 Public Works WWTP Operator 11.0 J-N Public Works WWTP Maintenance Mechanic 2.0 J -N Public Works Fleet Manager 1.0 NR-37 Public Works Fleet Mechanic 3.0 K - M Public Works Total FTE count for positions that are 0%-33.3% General Fund (001) funded 93.5 Total All City FTE Count 284.9 2 rn uO M a� c CU 0 0- m L _ 0 c L O r- r ti O N O N _ d E t 0 Q Packet Pg. 316 8.12.a ATTACHMENT B Department Title Pay Grade # of FTEs approved Police Social Worker H-16 1.0 Parks Facility Attendant H-06 0.5 Gymnastics Assistant H-07 0.6 Daycamp Assistant H-07 1.0 Front Desk Receptionist H-08 2.0 Ranger Naturalist H-09 1.2 Gymnastics Instructor H-10 0.5 Information Services Audio Visual Assistant H-13 1.0 Engineering Engineering Intern H-09 1.0 Human Resources HR Intern Temporary H-09 0.5 Public Works Seasonal Street Department Laborer H-08 3.0 Municipal Court Pro Tem Jude H-21 .5 General/Non-specified Temporary Office Worker H-07 0 1 ntern H-09 0 Temporary Project Specialist H-16 0 12.8 0 0 a a� a� 0 a E w Q N i 0 s Q =a _ a) E Q (D �a =c L 0 0) 0 w .N 0 a m m 0 a E w a) N .I- 0 t 3 Q LC> M _ N Q G1 L ci _ _ L O r O N O N _ 0 E L C� �4 w Q Packet Pg. 317 8.13 City Council Agenda Item Meeting Date: 07/23/2024 Reorg of Admin Services - Finance Director JD Staff Lead: Mike Rosen Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History After analysis of the needs of the City the Mayor has made the decision to propose a reorg of the Administrative Services department before filling the vacant Administrative Services Director position. He is proposing to Council that the department be reorganized back to the Finance Department. This change will entail moving Clerk, IT, and Public Records to report to the Mayor. The Mayor anticipates further changes to this reporting structure over the next few years, and do not plan on having this being a permanent reporting structure. The Finance Director (updated Director position) will now just oversee Finance. This will allow a more focused recruiting for a candidate with Finance/budgeting background. As this change does not add any additional position, there is no current budget impact. This item was presented to committee on 7/16/24 and recommended advancing to full Council on consent. Staff Recommendation Approve changing the Admin Services Director position to the Finance Director position, approve the Finance Director job classification and approve the reorg of the Administrative Services Department. Narrative Attached is the previous Finance Director JD that has now been updated. Attachments: Finance Director (Final 2024) Packet Pg. 318 8.13.a City of EDMONDS Washington FINANCE DIRECTOR Department: Finance Pay Grade: NR - 44 Bargaining Unit: Non Represented FLSA Status: Exempt Revised Date: July 2024 Reports To: Mayor POSITION PURPOSE: The Finance Director plans, organizes, directs, and manages all activities of the Finance Department in accordance with state law, federal law, and the City of Edmonds Municipal Code. This position develops, implements, and operates processes and systems as necessary to facilitate the effective operation of the accounting, budget development and management, finance, investment, payroll, utility billing, purchasing, financial reporting, Chief Financial Officer and City Treasurer functions. The Finance Director coordinates and guides city-wide strategic processes based on present and future service demands including budget development, investment management, financial analysis and reporting, revenue forecasting, multi -year financial planning and the collection of special assessments and service charges. This position is responsible for the effective management and development of staff in the Finance department, ensuring that all employees are properly trained and equipped to effectively perform the essential functions of their assigned position. The Finance Director is responsible for ensuring that the department personnel, funds, and all other resources are utilized in the most effective and efficient manner to achieve the City's goals of providing excellent services to customers both internally and externally. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Directs Department operations to maintain effective and efficient programs; ensures compliance and accountability with Federal, State, and local regulations, policies and procedures. • Plans, directs, coordinates, monitors and reviews the work of assigned staff ensuring that services and work products meet quality and safety standards; assigns work activities and coordinates schedules, projects and programs. • Creates an effective environment that is constructive and helps employees to achieve success in their roles, reviews and evaluates work and makes effective suggestions and recommendations. • Responsible for the Department employment and hiring process and employee relations in accordance with federal, state, and local laws, City Code and city collective bargaining agreements. • Manages the workflow and prioritization of projects and measures the performance of the department and all related staff and takes appropriate steps to correct program or personnel areas of deficiency when necessary. • Develops, administers, maintains, and oversees the budget using a collaborative approach with all stakeholders as appropriate (council, mayor, departmental leaders and community) including: the annual or bi-annual budget, outside funding, revenues, assists with the Capital Improvement Program and Capital Facilities Program. • Makes recommendations and forecasts for future funds needed for staffing, equipment, materials and supplies; recommends efficiencies to keep costs within established financial guidelines; approves Departmental expenditures and implements adjustments. Finance Director Packet Pg. 319 8.13.a JOB DESCRIPTION Finance Director • Attends and participates in professional group meetings maintaining awareness of new trends, best practices, and developments in the fields related to area of assignment; incorporates new developments as appropriate and ensures processes, policies and practices are interpreted and applied consistently and effectively. • Assures the adequacy and soundness of the City's financial structure; reviews and approves purchases for all aspects of a municipal Finance Department which also includes payroll, accounts payable, accounts receivable, and internal controls. • Manages all elements of the long-term debt issuance processes for the City • Manages the development of the City's Annual Comprehensive Financial Report (ACFR) • Manages the annual audits performed by the State Auditor's office • Manages the City's cash and investment portfolio in a manner that complies with the adopted policies addressing safety, liquidity, and return. • Provides technical expertise, information and assistance and prepares and maintains a variety of narratives and statistical routine and non -routine reports for the Mayor and Council regarding assigned functions. • Conducts financial analysis and assists as needed in the formation and development of fiscal and other financial related policies, procedures, and programs. • Provides advice, guidance and direction to carry out major plans, projects and procedures consistent with established policies, ordinances and laws. • Communicates proactively with other Directors, city staff, Council and outside organizations to coordinate activities and programs, resolve issues and conflicts and exchange information. • At the direction of the Mayor, work with Council to provide thorough information, analysis, pros/cons, consequences, options and recommendations for Council on specific topics. • Performs related duties as assigned that are within the scope of the position classification. Required Knowledge of: • Supervisory and training principles, best management practices methods and techniques. • Principles and practices of governmental budget preparation and administration, including best practices. • Accounting theory, principles, and practices; Generally Accepted Accounting Principles (GAAP) and Government Finance Officers Association (GFOA) principles; audit standards. • Principles and practices of public administration and public finance administration. • Best practices consistent with GFOA and GAAP. • Cash management principles and standards. • Accounting software and automated financial systems. • External and management reporting requirements and report preparation. • Structure, organization and interrelationships of city departments, agencies and related governmental agencies and offices affecting assigned functions. • Federal, State and local laws, rules and regulations related to assigned activities and programs relevant to assigned functions. • Effective oral and written communication principles and practices to include public relations and public speaking. • Program/project management techniques and principles. • Research methods and report preparation and presentation. • Advanced principles and practices of governmental budget preparation and administration. • Contract negotiation and administration. Administrative program/project management techniques and principles. Required Skill in: Finance Director Last Reviewed: J Last Revised: November 2012 Packet Pg. 320 8.13.a JOB DESCRIPTION Finance Director • Planning, organizing, controlling and directing the activities and operations of the Finance Department. • Interpreting various financial/fiscal reports, bank statements, journal entries and ledgers sufficient to prepare reports, resolve issues/problems or explain entries. • Preparing and analyzing comprehensive financial and statistical data and numerical computations and comprehensive reports. • Creating, developing and presenting future plans to improve the operations of the City. • Interpreting and applying federal, state and local policies, laws and regulations. • Administering program goals and objectives; implementing initiatives and recommendations in support of department and City goals. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Interpreting and administering policies and procedures sufficient to administer, discuss, resolve and explain them. • Maintaining confidentiality and communicating with tact and diplomacy. • Applying program/project management techniques and principles. • Developing and monitoring departmental and program/project operating budgets, costs and schedules. • Communicating effectively verbally and in writing, including public relations and public speaking. • Supervising, leading and delegating tasks and workload assignments. MINIMUM QUALIFICATIONS: Education and Experience: Bachelor's Degree in Accounting, Finance, Business Administration or related field and seven years of professional level experience in governmental accounting operations, programs, and services that includes four years of staff supervisory, budgetary and management responsibility for a department or major division within a department; OR an equivalent combination of education, training and experience. Master's Degree Preferred. • A criminal background check is required following a verbal offer of employment. Criminal history is not an automatic employment disqualifier. Results are reviewed on a case -by case basis. • A consumer credit check is required following a verbal offer of employment due to this position's access to City financial data/information. Negative credit history is not an automatic employment disqualifier. Results are reviewed on a case -by -case basis. Required Licenses or Certifications: A Valid WA State Driver's License and a five-year driving abstract acceptable to the City's insurance requirements is required for any position that will drive for City business Certified Public Accountant (CPA) license or Certified Professional Finance Officer (CPFO) preferred. WORKING CONDITIONS: Environment: • Office environment. • Constant interruptions. Physical Abilities Finance Director Last Reviewed: J Last Revised: November 2012 Packet Pg. 321 8.13.a JOB DESCRIPTION Finance Director The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. • Hearing, speaking or otherwise communicating to exchange information in person, vial electronic communication or on the phone. • Operating a computer keyboard or other office equipment. • Reading and understanding a variety of materials. • Sitting or otherwise remaining stationary for extended periods of time. • Bending at the waist, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. Hazards: • Contact with dissatisfied or upset individuals. Incumbent Signature: Department Head: Date: Date: Finance Director Last Revised: November 2012 Last Reviewed: J Packet Pg. 322 8.14 City Council Agenda Item Meeting Date: 07/23/2024 Resolution to authorize Mayor to approve shared leave beyond personnel policies Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The City of Edmonds Personnel policies currently address shared leave for employees. Shared leave allows one employee to donate to another employee who may be in certain circumstances. 8.14 SHARED LEAVE The Mayor may authorize employees to donate their accrued leave to another City employee who is suffering from or who has an immediate family member suffering from an illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. The following conditions apply: Both accrued sick and vacation leave may be donated for a Shared Leave, which is based on a catastrophic level of illness or injury. Catastrophic illnesses or injuries are those which are potentially career -ending or life -threatening. All donated vacation leave hours must be used prior to any use of donated sick leave hours. However, only vacation leave hours can be donated for a shared leave request, where the need arises from a non -catastrophic level of illness or injury. Immediate family is defined as spouse, registered domestic partner, son, daughter, mother, father, and in-laws of the same degree. To be eligible to donate leave, the employee must have at least ten (10) days of accrued leave before he/she is eligible to donate leave hours. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave and/or sick leave balance to less than ten (10) days. Transfer of leave will be in increments of one day of leave. All donations of leave are strictly voluntary. The employee receiving donated leave shall have exhausted all his/her accumulated vacation, sick leave, holiday, compensatory time, or any other paid leave. Employees on L&I injuries are not eligible for shared leave if they are receiving time loss or LEP checks. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave. The maximum duration of a shared leave is limited to no more than six (6) continuous months or six (6) months in a five year period and cannot be used to extend the absence beyond the post leave time Packet Pg. 323 8.14 prescribed by law, labor agreement, or City policy. Staff Recommendation Approve the resolution to allow the Mayor to approve shared leave for circumstances not currently covered in the personnel policies. Narrative The Mayor has recently become aware of certain situations where employees were not eligible for the use of shared leave in their circumstances that would cause them to go into an unpaid status. This were predominantly related to bereavement leave that did not meet the policy definition or limited -term employees who had a major life event happen but had not accrued enough leave to have paid time off to cover it. Expanding the shared leave to allow for the Mayor to approve additional circumstances on a case by case basis, will not increase costs to the City, as this program is a leave donation from one employee to another, there is no additional leave added to the City's books. The shared leave policy will be updated as part of the full policy manual update that the HR department is currently working on. This project is expected to be completed in early 2025. Attachments: Resolution to Authorize Mayor to Approve Shared Leave 6.11.2024 Packet Pg. 324 8.14.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, TO AUTHORIZE THE MAYOR TO APPROVE SHARED LEAVE BEYOND THAT AUTHORIZED BY THE PERSONNEL POLICIES. WHEREAS, the City has adopted Personnel Policies (hereinafter "Policies") to serve as a general guide to the City's employment practices and procedures; and WHEREAS, the Policies include at Section 8.14 a Shared Leave policy that allows the Mayor to authorize employees to donate their accrued leave to another City employee under certain circumstances; and WHEREAS, it has come to the Mayor's attention that employees have sought to use shared leave in circumstances not covered by the Policies, such as personal emergencies, when bereavement leave is unavailable for the loss of a loved one not covered by that policy, and when limited term employees are not able to accrue sufficient leave to use for needed time away from work; and WHEREAS, the City Council has determined that it is appropriate to authorize the Mayor to approve the use of shared leave by employees on a case -by -case basis to address the need for flexibility on the use of shared leave in appropriate circumstances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Mayor is hereby authorized to approve requests for the use of shared leave pursuant to the Shared Leave policy for reasons not currently outlined in that policy on a case -by -case basis at the Mayor's discretion. The use of such approved leave shall in all other respects comply with the Shared Leave policy. RESOLVED this day of 2024. CITY OF EDMONDS MAYOR, MIKE ROSEN ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 325 8.15 City Council Agenda Item Meeting Date: 07/23/2024 Council Rules of Procedure Sections 4 & 5 Consent Agenda and Council Meetings Staff Lead: Council President Olson Department: City Council Preparer: Beckie Peterson Background/History In 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as its parliamentary authority for the conduct of City Council meetings. In December 2013, the Council passed Resolution No. 1306 adopting a Code of Conduct and in June 2015, the Council approved a Code of Ethics by motion. On January 25, 2021, the Council adopted a new Code of Conduct by motion. Because Resolution No. 1295 is limited to parliamentary procedure in the context of Council meetings, such rules do not address many other processes and procedures in the conduct of City business. It is thought that a more comprehensive set of rules would provide greater understanding and transparency about the roles, rights, and responsibilities of councilmembers and facilitate the orderly conduct of business within the context of council meetings. The draft rules of procedure address Council organization, duties of officers, agenda preparation, meeting management, consent agenda, public testimony, decorum, motions, and other important areas. The draft also includes Council's recent adoption of a Code of Conduct as Section 6; this was done to consolidate all applicable rules into one document. It is important to note that many provisions of these rules of procedure are already governed by other codes, statutes, and rulings. Any provision that is footnoted with a citation to the Revised Code of Washington (RCW), the Edmonds City Code (ECC), or other statute or ruling is included for ease of reference only and is not intended to be adopted as a rule because it already constitutes governing law. Provisions that are not footnoted with a citation to the RCW or ECC are adopted by City Council resolution as the Council's procedural rules and may be amended at any time by subsequent resolution. On April 6, 2021, the Council passed Resolution 1470, which established that the Council adopted its own Code of Conduct separate from that which applies to the Mayor and members of City boards, commissions, committees, and work groups. The proposed Rules of Procedure and the Code of Conduct were presented and discussed on February 4, 2020, January 26, 2021, and April 6, 2021. For comparison purposes, prior drafts of the rules of procedure are included in the online Council meeting packets of February 4, 2020 and March 3, 2020. On April 6, 2021, a motion was passed to table consideration of the draft Rules of Procedure for a period of three weeks. The draft rules were scheduled on the June 1, 2021 council agenda, but consideration was postponed due to lack of time. Packet Pg. 326 8.15 On August 3, 2021, the Council considered the draft rules, made amendments, and instructed the city attorney to bring back additional language for potential amendments to various sections of the rules. A new Section 7 entitled "Code of Ethics" has been added to incorporate the Code of Ethics adopted by the City Council on June 2, 2015. Sections 4 and 5 were reviewed by the PSPSHP committee July 16, and forwarded to the consent agenda with one revision to 4.1 offering clarity of the method for matters placed on the consent agenda. Recommendation Approve Council Rules of Procedure Section 4 - Consent Agenda and Section 5 - Council Meetings. Narrative It is thought that approving the draft Rules of Procedure by Section, or in segments, would be the most practical approach to accomplishing this 2024 goal. The draft includes 14 sections, as follows: SECTION 1. AUTHORITY - approved 6/25/2024 SECTION 2. COUNCIL ORGANIZATION - approved 6/25/2024 SECTION 3. AGENDA PREPARATION - amended and approved 3/26/2024 SECTION 4. CONSENT AGENDA - PSPHHP committee 7/16/2024 SECTION 5. COUNCIL MEETINGS - PSPHPS committee 7/16/2024 SECTION 6. COUNCIL CONDUCT - adopted 1/26/2021 SECTION 7. CODE OF ETHICS - adopted 6/2/2015 SECTION 8. PUBLIC TESTIMONY - amended and approved 4/16/2024 SECTION 9. MOTIONS SECTION 10. ITEMS REQUIRING FOUR VOTES SECTION 11. ITEMS REQUIRING A UNANIMOUS VOTE SECTION 12. COUNCIL REPRESENTATION SECTION 13. REIMBURSEMENT OF EXPENSES - approved 4/16/2024 SECTION 14. SUSPENSION AND AMENDMENT OF RULES Proposed Workplan for Adopting Council Rules of Procedure Address the draft rules of procedure by section or segments, starting with the most timely/highest priority section(s). Focus on one segment each month: a. City Clerk and Council staff review and indicate any recommended revisions. b. Council President review. C. Place on agenda for review of Council Committee If committee recommends segment for council approval on consent - place on a future consent agenda for approval and implement that segment as adopted policy. If committee recommends revisions or full council discussion - add to future council business when agenda time allows. Once all segments are approved, adopt a resolution with the comprehensive set of rules of procedures as an attachment. Packet Pg. 327 8.15 SECTION 4: Consent Agenda SECTION 5: Council Meetings Attachments: Sections 4 5 with committee revision Packet Pg. 328 Exhibit A COUNCIL RULES OF PROCEDURE 8.15.a Section 4. Consent Agenda. 4.1 Upon approval of the Council President, the administration shall place matters on the Consent Agenda which: (a) have been previously discussed by the Council or council committee, or (b) based on the information delivered to members of the Council, by the administration, can be reviewed by a Councilmember without further explanation, or (c) are so minor or routine in nature that passage is likely. 4.2 The motion to adopt the Consent Agenda shall be non -debatable and have the effect of moving to adopt all items on the Consent Agenda. 4.3 Since adoption of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Councilmembers are given an opportunity to remove items from the Consent Agenda after the motion is made and seconded to Approve the Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda at the current or future Council meeting, subject to Council agreement. Section 5. Council Meetings. 5.1 All Council meetings shall comply with the requirements of the Open Public Meetings Act'. All Regular Meetings, Committee Meetings, and Special Meetings of the Council shall be open to the public. A Council meeting is defined as a properly noticed meeting in which a quorum of the Council transacts official City business as defined by the OPMA. Meetings under the OPMA require an agenda, public notice, and an official record in the form of meeting minutes. Meetings attended by Council members which do not involve the transaction of City business are not considered meetings under the Act. If a quorum of Council members attends such meetings, members are encouraged to sit separately, refrain from discussing City business, and only participate as passive observers. 5.2 Any Council meeting may be canceled by a majority vote or consensus of the Council. The Council President may cancel a Council meeting for lack of official business. 5.3 Regular Meetings2 of the City Council shall be held in accordance with the meeting schedule adopted in Edmonds City Code 1.04.010. 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. ' RCW 42.30 2 ECC 1.04.010(A) Packet Pg. 329 8.15.a Exhibit A COUNCIL RULES OF PROCEDURE A. Order of Business for Regular Meetings. The order of business shall generally be as follows: Regular Meeting (7:00 p.m.) 1. Call to Order, Flag Salute 2. Land Acknowledgment 3. Roll Call 4. Approval of the Agenda 5. Presentations 6. Public Comment 7. Approval of the Consent Agenda 8. Received for Filing3 9. Public Hearing(s) 10. Council Business: The following procedures shall be used: • Introduction of item by Presiding Officer • Presentation by staff • Council motion to adopt legislation • Council deliberation and potential action 11. Council Comments 12. Mayor's Comments 13. Adjournment (10:00 PM) 5.4. Meetings of the council shall be presided over by the mayor, if present, or otherwise by the mayor pro tempore (Council President or Council President Pro Tempore) or by a member of the council selected by a majority of the councilmembers at such meeting. Appointment of a councilmember to preside over the meeting shall not in any way abridge his or her right to vote on matters coming before the council at such meeting.4 5.5. At all meetings, the Mayor shall be addressed as "Mayor (surname)." The Council President shall be addressed as "Council President (surname)." Members of the Council shall be addressed as "Councilmember (surname)." At all meetings, the Mayor shall sit in the Presiding Officer's seat, and the Council President shall sit at the right hand of the Mayor. Other Councilmembers are to be seated in a manner acceptable to Council. If there is a dispute, seating shall be in position order. 5.6 Prior to commencement of discussion of a quasi-judicial item, the Mayor will ask if any Councilmember has a conflict of interest or Appearance of Fairness Doctrine concern which could prohibit the Councilmember from participating in s Received for Filing is a method of providing information on an agenda that doesn't require council action. It includes but is not limited to: financial reports, program/project status updates, committee reports, claims for damages, public comments, and appointments to boards/commissions. 4 RCW 35A.12.120 Packet Pg. 330 Exhibit A COUNCIL RULES OF PROCEDURE 8.15.a the decision -making process. If it is deemed by the Councilmember, in consultation with the City Attorney, that it is warranted, the Councilmember should step down and not participate in the Council discussion or vote on the matter. The Councilmember shall leave the Council Chambers while the matter is under consideration. 5.7 Council Committees5. The City Council shall have the following Standing Committees: Finance ("FIN"); Parks and Public Works ("PPW"); Public Safety, Personnel, Human Services, and Planning ("PSPHSP"). Regular meetings of the City Council standing committees shall be held in accordance with the meeting schedule adopted in Edmonds City Code 1.04.010. The audio and/or video of Council Committee meetings shall be recorded and posted online. A. Business items considered by a City Council committee should only be forwarded to the City Council Consent Agenda with the unanimous consent of the committee members.6 B. Committee business items that have not received unanimous support of the committee to be forwarded to the Consent Agenda may be discussed at a forthcoming committee meeting if additional committee work is likely to produce unanimity. Alternatively, the Council President may place the item on a future Council agenda for further deliberation and/or action by the City Council.' C. The Council President shall be a nonvoting ex-officio member of all Council committees, except when a regular committee member is absent, in which case the Council President may vote. When a committee chair is absent, the other regular committee member shall serve as the committee chair.$ D. The Mayor and Councilmembers from other committees may attend committee meetings of which they are not members and may join the discussion and ask questions about a committee business item if they have been present during the entire discussion of that business item; provided, that only committee members, or the Council President when substituting for an absent committee member, may vote on committee business. Presence of a quorum of the City Council at a committee meeting shall not change the character of the meeting from a committee meeting to a City Council meeting.9 5.8 The Council may hold Executive Sessions or Closed Sessions from which the public may be excluded, for those purposes set forth in the Revised Code of 5 ECC 1.04.010(B) 6 ECC 1.04.050(A) ECC 1.04.050(B) 8 ECC 1.04.050(C) 'ECC 1.04.050(D) Packet Pg. 331 Exhibit A COUNCIL RULES OF PROCEDURE 8.15.a Washington10. Before convening an Executive Session, the Presiding Officer shall announce the purpose of the Session and the anticipated time when the Session will be concluded. Should the Session require more time, a public announcement shall be made that the Session is being extended. Councilmembers should keep confidential all written materials and verbal information provided to them during Executive Sessions, to ensure that the City's interests are not compromised. Councilmembers should refrain from taking notes in Executive Session because such records may be subject to public disclosure, thereby compromising the confidential nature of the matters discussed. Confidentiality also includes information provided to Councilmembers outside of Executive Sessions when the information is exempt from disclosure under the Revised Code of Washington. If a Councilmember unintentionally discloses Executive Session discussion with another party, that Councilmember shall make full disclosure to the Mayor and/or the City Council in a timely manner as soon as the error is discovered. 5.9 Special Meetings" may be held by the Council subject to notice requirements prescribed by State law. Special Meetings may be called by the Council President, Mayor, or any four members of the City Council by written notice delivered to each member of the Council at least twenty-four hours before the time specified for the proposed meeting. The notice of such Special Meetings shall state the subjects to be considered, and no subject other than those specified in the notice shall be considered. 5.10 An Emergency Meeting12 is a special Council meeting called without the 24- hour notice. It deals with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of a 24-hour notice would make notice impractical and increase the likelihood of such injury or damage. Emergency meetings may be called by the Mayor or the Council President with the consent of a majority of Councilmembers. The minutes will indicate the reason for the emergency. 5.11 Special Meetings and Emergency Meetings will beat a time and place as Council directs. 5.12 The City shall comply with the public notice provisions of the Revised Code of Washington13. Unless specified otherwise, the public shall receive notice of upcoming public hearings through publication of such notice in the City's official newspaper at least ten (10) days prior to the hearing. 5.13 At all Council Meetings, a majority of the Council (four members) shall constitute a quorum for the transaction of business. In the absence of a quorum, the 10 RCW 42.30.110 and RCW 42.30.140 " RCW 42.30 RCW 42.30 13 RCW 35A.12.160 Packet Pg. 332 8.15.a Exhibit A COUNCIL RULES OF PROCEDURE members present may adjourn that meeting to a later date. 5.14 Members of the Council may be excused from attending a City Council meeting by contacting the Council President prior to the meeting and stating the reason for his or her inability to attend. If the member is unable to contact the Council President, the member shall contact the Mayor, who shall convey the message to the Council President. Following roll call, the Presiding Officer shall inform the Council of the member's absence, state the reason for such absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Clerk will make an appropriate notation in the minutes. Councilmembers who do not follow the above process will be considered unexcused and it shall be so noted in the minutes. A motion to excuse a Councilmember may be made retroactively at the next meeting. Removal of a sitting Councilmember for three (3) consecutive unexcused absences is authorized by RCW 35A.12.060. 5.15 Remote Attendance: Notification of the need to attend a meeting remotely shall be made to the City Clerk by noon of the meeting day. When attending a council meeting remotely, Councilmembers must have video and audio capabilities and enable them during the meeting whenever possible. Any attendee (Council, staff, or presenter) must enable their video and audio when speaking, unless technical difficulties do not allow. Attendees must attempt to contact the technology department to resolve any problems prior to the meeting. If the problem cannot be resolved, the attendee must inform the Council President and/or the Mayor prior to the meeting. 5.16 The City Clerk or an authorized Deputy City Clerk shall attend all Council meetings. If the Clerk and the Deputy Clerk are absent from any Council meeting, the Mayor shall appoint a Clerk Pro Tempore. The minutes of the proceedings of the Council shall be kept by the City Clerk and shall constitute the official record of the Council. Packet Pg. 333 8.16 City Council Agenda Item Meeting Date: 07/23/2024 Surplus equipment Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Kimberly Dunscombe Background/History The city regularly disposes of assets as part of its routine operations, and Council notification is required. Attached is a list of assets disposed of during FY 2023. This notification is strictly procedural, as approval to dispose of these items was granted last year. Staff Recommendation Approve in the consent agenda. Narrative This item was discussed during the July 16th Finance Committee and recommended for forwarding to the next Council meeting consent agenda. Attachments: 2023 Asset Disposals Packet Pg. 334 8.16.a 2023 Deletes Fund Fund Type FA Number FA Description Type Dept# Amount Depreciation 2023 Depr. Book Value 421 Proprietary 7756 1996 WALTON TRAILER #78 SWR V 421 6,715.97 6,715.97 511 Governmental 7908 1997 CHEV 1-TON WALK-IN VAN #5 FAC v 511.1 27,346.47 27,346.47 511 Governmental 8388 2000 CHEVY SILVERADO P/U #94 FAC v 511.1 20,025.85 20,025.85 511 Governmental 8589 2004 CHEV. SILVERADO TRUCK #28 PRK v 511.1 16,659.39 16,659.39 511 Governmental 8606 2004 CHEVY COLORADO #88 v 511.1 17,686.60 17,686.60 511 Governmental 8607 2004 CHEVY COLORADO - #102 PRK v 511.1 18,199.12 18,199.12 511 Governmental 8668 FORD F-250 - #002-WTR v 511.1 22,893.46 22,893.46 511 Governmental 8774 2007 FORD ESCAPE POL-872 v 511.1 20,162.48 20,162.48 511 Governmental 8761 2007 TOWMASTER T-24 v 511.1 14,665.32 14,665.32 - 511 Governmental 8825 2008 FORD F-450 035-SWR v 511.1 45,522.44 43,246.32 2,276.12 511 Governmental 8826 2008 FORD F-450 023-SWR v 511.1 46,668.60 44,335.17 2,333.43 511 Governmental 9188 436-POL 2017 FORD EXPLORER PPV v 511.1 60,103.04 60,103.04 - - 511 Governmental 9319 227-POL 2019 FORD POLICE EXPLORER v 511.1 70,436.14 35,218.07 35,218.07 511 Governmental 9238 PANASONIC CF-31 LAPTOP e 511.1 5,161.61 5,161.61 - 511 Governmental 9239 PANASONIC CF-31 LAPTOP e 511.1 5,161.61 5,161.61 511 Governmental 9240 PANASONIC CF-31 LAPTOP e 511.1 5,161.61 5,161.61 511 Governmental 9241 PANASONIC CF-31 LAPTOP e 511.1 5,161.61 5,161.61 511 Governmental 9242 PANASONIC CF-31 LAPTOP e 511.1 5,161.61 5,161.61 511 Governmental 9243 PANASONIC CF-31 LAPTOP e 511.1 5,161.61 5,161.61 511 Governmental 9244 PANASONIC CF-31 LAPTOP e 511.1 5,161.61 5,161.61 511 Governmental 9245 PANASONIC CF-31 LAPTOP e 511.1 5,161.61 5,161.61 511 Governmental 9246 PANASONIC CF-31 LAPTOP e 511.1 5,161.61 5,161.61 511 Governmental 9247 PANASONIC CF-31 LAPTOP e 511.1 5,161.62 5,161.62 - 900 Governmental 9292 POLICE INTERVIEW ROOM EQUIPMENT E 410 20,918.40 17,780.64 3,137.76 900 Governmental 9157 EDMONDS FISHING PIER REHABILITATION 1 640 2,127,912.41 339,671.64 - 1,788,240.77 421 Proprietary 72 PHASE 4 CITY WIDE MAIN ADJUSTMENT 1 654 190,135.71 119,594.15 70,541.56 423 Proprietary 116 SEWER TRUNK LID 108 1 655 104,107.31 104,107.31 - 423 Proprietary 119 SEWER TRUNK LID 119 1 655 92,525.50 92,525.50 900 Governmental 488 ANDERSON CENTER BUILDING i 651 8,787.15 8,787.15 900 Governmental 494 1979 REMODELING ANDERSON CEN i 651 17,333.34 17,333.34 900 Governmental 3626 LIBRARY AND PLAZA BLDG b 651 143,694.30 143,694.30 900 Governmental 4125 ANDERSON CENTER AND NEW WIND i 651 35,059.62 35,059.62 900 Governmental 6763 BRACKETT'S LANDING IMPROVEME i 640 10,790.82 10,790.82 - 900 Governmental 8572 PUBLIC SAFETY BUILDING b 651 61,391.67 42,429.40 18,962.27 900 Governmental 8572 PUBLIC SAFETY BUILDING b 651 255,800.20 176,790.20 79,010.00 900 Governmental 7019 LIBRARY BOOK DROP 1 651 11,628.20 11,628.20 - - Totals 3,518,785.62 1,519,065.64 7,747.31 1,991,972.67 C d E Q cr GN N _3 Q L 3 N M U) O Q 20 G N N N Q M N O N C d E t t1 O w Q Packet Pg. 335 8.17 City Council Agenda Item Meeting Date: 07/23/2024 New Job Description for Permitting Program Manager Staff Lead: Leif Bjorback Department: Building Division Preparer: Scott Passey Background/History In April of 2021 the Building Division requested approval of a new job description after identifying the need for an advanced level position that could help address increased procedural and technological demands on permit staffing. On April 13, 2021 the Council approved, under Agenda Item #5416, the creation of a new job description for Permitting Supervisor. Staff Recommendation Forward to the consent agenda as recommended by the PSPHSP Committee. Narrative The new (in 2021) job description of Permitting Supervisor was designated as a non -represented position with true supervisory responsibilities, and was filled soon after through an in-house promotional process. The employee previously had held the position of senior permit coordinator, which is a represented position. While the position was filled by a very capable employee, and the employee's performance continued to be highly productive, it was soon evident that the job description functions were more limiting than intended. For example, the position was, and is still needed at times to perform the functions of the union -represented position of permit coordinator, especially in periods of high volume or to provide vacation coverage. Under the new job description, it was not allowable for the supervisor to perform this union work. It was never the intent of the department to impose such limitations on the new supervisor position. Therefore, it has been determined that the department will be better served if the Permitting Supervisor position is changed to that of a lead position that would be represented by the union. The Planning and Development Department has worked with Human Resources to revise the Permitting Supervisor job description into a lead position, thus creating a new job description entitled Permitting Program Manager. Please see attached draft. While this is a new job description it does not add an FTE since we are intending to place an existing employee in the role. We also solicited the Union's input on this change and they are supportive of the transition of the position back to the Union. Attachments: PERMITTING PROGRAM MANAGER JD DRAFT 7.8.24 Packet Pg. 336 8.17.a City of EDMONDS Washington Permitting SupefyisorProclram Manager Department: Development Services - Building Pay Grade NR-32*9 Bargaining Unit: NOR ;ePr�^'edAFSCME FLSA Status: Non -Exempt Created Date: April 2021 Reports To: Building Official of EDAf Inc. 1890 *The Permitting Program Manager is currently classified on the non -represented salary schedule. The City recognizes this position is covered by the union. The City and the Union agree to maintain this position's non - represented wages (including approved COLAs) until appropriate placement on the AFSCME wage schedule can be bargained. (CBA AA POSITION PURPOSE: Under general direction, OR plans, prioritizes the public permit Genter processing,— center activities, and assigns work to permit coordinators, and sUpe^^Ce^ the ^„hn^ Permit Press^^ center anti.; ties And staff, emphasizing consistency in service delivery and excellent customer service. Provides mod —support to permit services provided by the Department; provides information regarding development regulations, procedures, ordinances and codes to owners, contractors, architects, engineers, developers and the general public; assists customers with resolution of questions, complaints, or application problems; coordinates with other staff to develop and improve the permitting process. Performs technical development and maintenance functions for the department. Provides sapery sery daily oversight, guidance and training to permit coordinators. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Manages -Coordinate large -complex construction projects aGti^^ as the 11a1C^^ between the developer, contractor, permit GGGrdi^et^r, reviewers and inspectors from Pre -Application through C of O for quality control. In some instances, working alongside permit coordinators for training and/or assistance. • OyerseeC the PFGGesSiR^ ^' Reviews building permit applications that are within the ESLHA (Earth Subsidence and Landslide Hazard Area) designation for consistency with program requirements. • Programs the backend of online and internal permit software systems. Creates application_ configurations, complex fee calculation formulas, user accounts, and mail merge/ SQL documents. fe^� e for online enrl internal n mit s .stem^ • Represents the Building Division at the public counter as scheduled and pRrovides badwp to additional support for tnlenhene a na oil up blic inquiries frem the n„Ln^ at large and frem City departmeats-or for complex issues. Permitting SuperviserProgram Manager Last Reviewed: 04202111/3/2023 Last Revised: 04/2021 Formatted: Font: 10 pt Packet Pg. 337 8.17.a 2 of 4 JOB DESCRIPTION Permitting SupervisGWrogram Manager • Monitors and provides oversight for public records requests from the City Clerk's office. otheF ag8RGieS. • Assists Permit Coordinators during periods of heavy permitting cycles and provides vacation/ sick time off coverage. •_Develops and maintains department procedures and forms for permitting, archiving, and other permit related processes. • Assists in the development and preparation of updates to the building code ordinance. Formatted: List Paragraph, Space Before: 0 pt, Af • Reviews and keeps current with changes in technology and regulations. Line spacing: single • Provides administrative and technical support to permitting and software programs, document management, website maintenance, and issue resolution. • s Assign work to permit coordinators and help develop individual work plans. Rr�� • fGSteFiR analytical thinking and creativity in methods of delivering City services for the permit coordinator team, developing work plans and e.,aluatiRg perfer ,. nGe Pvgl, Atmons • Provides reports and data analysis on a continual schedule and as requested for both management and outside agencies. • Creates and maintains department handouts, fee guide, plan review digital stamps, templates, and custom reports. • Assists in the preparation and monitoring of the Building Division budget. • Represents the department and City on various technical and procedural committees. • Investigates, authorizes and processes payment error corrections and refunds. • Resolves permitting issues, sometimes outside standard procedures. Provides assistance and advocacy to internal and external customers, contractor working with City departments and other regulatory agencies. • Conducts and assists in special projects as assigned by the Building Official or Director. Projects may involve extensive research and comparisons, administrative follow-up, liaison with community groups, other agencies and City staff. • Investigates customer service complaints and recommends corrective action, as necessary, to resolve those complaints. • Develops customer service surveys and provides data to management for analysis. • Assists other staff in the performance of their duties as assigned. • Performs other related duties within the scope of the classification. Required Knowledge of: • Development services permitting processes, current regulations and City codes. Building construction concepts and technology. • Maps, building codes, code books and related processes. • Principles of customer service. Permitting gupewisa Program Manager Last Reviewed: 11/03/202304/2021 Last Revised: 04/2021 Packet Pg. 338 8.17.a 3 of 4 JOB DESCRIPTION Permitting oupervisefProgram Manager • Research methods and advanced report creation and record keeping processes. • Structure, organization and inter -relationships of city departments, agencies and related governmental agencies and offices affecting assigned functions. • Effective oral and written communication principles and practices to include customer service. • Modern office procedures, methods and equipment including computers and computer applications. • English usage, spelling, grammar, and punctuation. • Principles of business letter writing. Required Skill in: • Reading a variety of plans, specifications, and other materials related to the permitting processes. O • Monitoring and organizing work to meet schedules and timelines. Q • Performing basic mathematical calculations sufficient to perform assigned responsibilities. 0 • Maintaining required records and producing a variety of routine and advanced reports. to N • Interpreting and applying federal, state and local policies, laws and regulations related to area of responsibility. O • Utilizing personal computer software programs and other relevant software affecting assigned work. d • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public Z • Excellent customer service skills. le Nn • Independent work and desisiemal'-Idecision-making skills consistent with department objectives with ap minimal supervision, adapt to changing work priorities, manage multiple tasks concurrently, communicate ri with staff and the public on a variety of issues, multi -task by handling several high priority issues and projects at the same time. LL 0 MINIMUM QUALIFICATIONS: Education and Experience: High School Diploma/GED Certificate and five years of experience in land use or building construction permitting W with customer service/public contact that includes permit/application review_, the five years should include two (� „ears of supervisory! r Ragedal ^.,n^ri^n^^ OR an equivalent combination of education, training and experience F,,-,tted-Kghfight Q which allows the incumbent to successfully perform the essential functions of the position. Z Q Required Licenses or Certifications: V^li.l Cfhfn of 1A/^ohin.dnn n.i.,...'o LiARR1319.�] Q� Possession of an ICC Permit Technician certification, or ability to obtain within one year. 0 A criminal background check is required following a verbal offer of employment. Criminal history is not an automatic- Formatted: Normal, No bullets or numbering W employment disqualifier. Results are reviewed on a case -by -case basis. IL AA„Cf be able tO c n nlete background nheGk , V SSfUlly and pass a LZ_ r WORKING CONDITIONS: ~ Environment: Office and construction site environments. ' LU a Permitting gupewisefProgram Manager Last Reviewed: 11/03/202MV2021 Last Revised: 04/2021 E t V w rr Q Packet Pg. 339 8.17.a 4of4 JOB DESCRIPTION Permitting SupervserProgram Manager Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person and on the telephone. • Operating a computer keyboard and various tools. • Reading and understanding a variety of materials. • Bending at the waist, kneeling or crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. Hazards: • Contact with dissatisfied or potentially abusive individuals. Incumbent Signature: Department Head: Permitting Superviso Program Manager Date: Date: Last Reviewed: 11/03/202304F2g23 Last Revised: 04/2021 Packet Pg. 340 9.1 City Council Agenda Item Meeting Date: 07/23/2024 2024 July Budget Amendment Ordinance Staff Lead: Kim Dunscombe Department: Administrative Services Preparer: Marissa Cain Background/History Amend the 2024 Ordinance No. 4349 Staff Recommendation Staff recommends that Council approve Ordinance No. XXXX amending the 2024 Budget. This item was discussed at the July 16t" Finance Committee meeting, and it was recommended to forward the item to the next available Council meeting for Council discussion. Attachments: 2024 July Decision Package Exhibits 2024 July Budget Amendment Ordinance Packet Pg. 341 July 2024 Budget Amendment 9.1.a Budget Amendment for: July 23, 2024 Item Description: Due to the costs for consultant plan review of one unusually large permitting project, the maximum amount of $99,000 under the current 2-year contract with Beck and Associates will be exceeded. The combined amount of current and anticipated task orders assigned to Beck is estimated to be $145,000. These task orders include several small permit projects previously completed in addition to the several permit types associated with the aforementioned large project. Also, the Building Division professional services budget of $43,000 within the City's adopted budget will correspondingly be overspent for the calendar year 2024. The professional services line item will need to be increased by $140,000 to cover anticipated costs. All of these expenses are considered pass through and will not impact the general fund. Department: Development Services Division: Building illuildhip Fund Name: 001 GENERAL Title: Development Professional Services Budget Amendment Type New Item For Council To Consider Date of Discussion or Budget Approval? How is this amendment funded? 100% Ending Fund Balance What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? Operating Expenditure Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 00 1.000.62.524.20.41. 10 Professional Services System Contracts $ 145,000 $ $ $ $ Total Expenditure Increase (Decrease) $ 145,000 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 001.000.345.83.000.00 Building Plan Review and Inspection $ 145,000 $ $ $ $ Total Revenue Increase (Decrease) $ 145,000 $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 Total Ending Fund Balance Increase (Decrease) $ Packet Pg. 342 July 2024 Budget Amendment 9.1.a Budget Amendment for: July 23, 2024 Description: Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) budget amendment is to transfer funds from Fund 016 to Fund 001 to cover the payment made from the General for the Edmonds Library Repairs. Services Interfund Transfer Dunscombe New Item For Council To Consider 100% Ending Fund Balance Fund Name: Account Number Description 2024 2025 2026 2027 2028 016.000.66.594.18.62.00 Interfund Transfer to Fund 001 $ 408,179 $ $ $ $ Total Expenditure Increase (Decrease) $ 408,179 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 Total Revenue Increase (Decrease) $ $ S $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 016.000.66.508.00.00.00 Ending Fund Balance $ (408,179) $ $ $ $ Total Ending Fund Balance Increase (Decrease) $ (408,179) $ $ $ $ Packet Pg. 343 July 2024 Budget Amendment 9.1.a Budget Amendment for: July 23, 2024 Description: Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) This decision package moves the remaining balance in the Edmonds Homelessness Fund (018) to the General Fund (001). Services Homelessness Fund Transfer Kim Dunscombe New Item For Council To Consider 100% Ending Fund Balance One -Time Operating Fund P 001 GENERAL Name: Account Number Description 2024 2025 2026 2027 2028 018.000.61.597.57.55.01 Interfund Transfer to Fund 001 $ 200,000 $ $ $ $ Total Expenditure Increase (Decrease) $ 200,000 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 001.000.397.57.018.00 Interfund Transfer from Fund 018 $ 200,000 $ $ $ $ Total Revenue Increase (Decrease) $ 200,000 $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 018.000.39.508.40.00.00 Ending Fund Balance $ (200,000) $ $ $ $ 001.000.39.508.00.00.00 Ending Fund Balance 200,000 Total Ending Fund Balance Increase (Decrease) $ $ $ $ $ w C d E C d E Q Lv 7 m N O N N r.+ L x w O Y t) t0 IL C O .y O 0 7 N O N +r C d E t C� Q Packet Pg. 344 July 2024 Budget Amendment 9.1.a Budget Amendment for: July 23, 2024 Description: Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) This decision package transfers $80,000 from the Employee Parking Permit Fund to the General Fund to cover a portion of the Parking Enforcement Officer's salary and benefits. Administrative Services Finance Parking Enforcement Officer Transfer Kim Dunscombe New Item For Council To Consider 100% Ending Fund Balance One -Time Operating Fund I MULTIPLE FUNDS Name: Account Number Description 2024 2025 2026 2027 2028 121.000.25.597.00.55.01 Transfer to Fund 001 $ 80,000 $ $ $ $ Total Expenditure Increase (Decrease) $ 80.000 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 00 1.000.397.19.12 1.00 Transfer from Fund 121 $ 80,000 $ $ $ $ Total Revenue Increase (Decrease) $ 80,000 $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 121.000.25.508.40.00.00 Ending Fund Balance $ (80,000) $ $ $ $ 001.000.39.508.00.00.00 Ending Fund Balance 80,000 Total Ending Fund Balance Increase (Decrease) $ $ $ $ $ w C Lv E C d E Q Lv 7 m N O N N r.+ L x w O Y t) t0 IL C O .y O 0 7 N O N +r a d E t C� Q Packet Pg. 345 9.1.a July 2024 Budget Amendment Budget Amendment for: July 23, 2024 Description: Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) This decision package allocates the remaining ARPA funds to pay for the Fire District Contract. $300k of the funding will be realloacted from the Community Relief Funds. The remaining balance are funds that were not previously allocated, and must be used by the end of the fiscal year. Services Finance ARPA Funds for Fire Contract Kim Dunscombe New Item For Council To Consider 100% Ending Fund Balance One -Time Operating Fund 142 EDMONDS CARES Name: I FUND Account Number Description 2024 2025 2026 2027 2028 142.000.39.518.63.41.00 Community Relief Funds $ (300,000) $ $ 142.000.39.522.20.41.50 Fire District Contract 619,475 Total Expenditure Increase (Decrease) $ 319,475 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 142.000.333.21.019.00 Coronavirus Relief Fund $ 319,475 $ $ $ $ Total Revenue Increase (Decrease) $ 319,475 $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 Total Ending Fund Balance Increase (Decrease) $ Packet Pg. 346 9.1.a July 2024 Budget Amendment Budget Amendment for: July 23, 2024 Description: This capital budget amendment enables the acquisition of the 1-acre Mee Property as new parkland and expansion of Mathay Ballinger Park. As per the Council's official Parkland and Wooded Area Acquisition approval during the February 2, 2024 meeting, the authorized expenditure for the acquisition and related costs was $1,137,500. These expenditures are covered by Snohomish County Conservation Future program grant ($853,125), City Tree Fund ($200,000 of expenditure authority previously granted) and BEET funds ($84,375). Recreation & Human Services Feser Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) Parkland Previously Approved Budget By Council Feb 2 2024 Reimbursed by Grants or Outside Agencies One -Time Cam Fund 332 PARKS CAPITAL Name CONSTRUCTION FUND Account Number Description 2024 2025 2026 2027 2028 332.000.64.594.76.61.00 Land - Park Facilities $ 853,125 $ $ $ 126.000.64.594.76.61.00 Land - Park Facilities 84,375 Total Expenditure Increase (Decrease) $ 937,500 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 332.000.337.01.000.00 Interlocal with Snohomish County $ 853,125 $ $ $ $ Total Revenue Increase (Decrease) $ 853,125 $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 126.000.39.508.30.00.00 Ending Fund Balance $ (84,375) $ $ $ $ Total Ending Fund Balance Increase (Decrease) $ (84,375) $ $ $ $ w C Lv E C d E Q Lv 7 m N O N N r.+ L x w a� Y t) t0 IL C O .y O 0 7 N O N +r C d E t C� R Q Packet Pg. 347 9.1.a July 2024 Budget Amendment Budget Amendment for: July 23, 2024 Description: The City Council approved the award of the 2024 Overlay Construction Contract for $1.51 million to Granite Construction at the May 21, 2024 City Council meeting. An additional $100,000 ($50k each from the 125 and 126 REET funds) was needed to fully fund the construction budget. This budget amendment programs the additional REET funds in 2024 to complete the project. Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) Public Works 2024 Pavement Preservation Previously Discussed By Council May 212024 100% Ending Fund Balance One -Time Fund I MULTIPLE FUNDS Name: Account Number Description 2024 2025 2026 2027 2028 125.000.68.542.30.48.00 REPAIR & MAINTENANCE -OVERLAYS $ 50,000 $ $ $ $ 126.000.68.542.30.48.00 REPAIR & MAINTENANCE -OVERLAYS 50,000 Total Expenditure Increase (Decrease) $ 100,000 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 Total Revenue Increase (Decrease) $ $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 125.000.64.508.30.00.00 Ending Fund Balance $ (50,000) $ $ $ $ 126.000.64.508.30.00.00 Ending Fund Balance (50,000) Total Ending Fund Balance Increase (Decrease) $ (100,000) $ $ $ $ w C d E C d E Q Lv 7 m N O N N r.+ L x w 4) as Y t) t0 IL C O .y O 0 N O N +r C d E t t) Q Packet Pg. 348 9.1.a July 2024 Budget Amendment Budget Amendment for: July 23, 2024 Description: Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) City Council approved a grant agreement with the National Fish and Wildlife Foundation to complete a Planning Study for Edmonds Marsh and Estuary Restoration at the March 19th City Council meeting. This budget amendment will program the anticipated expenditures and grant revenue into the 2024 budget. Public Works Edmonds Marsh Oscar Antillon Previously Discussed By Council Mar 19 2024 100% Ending Fund Balance One -Time C Fund f 422 STORM Name: Account Number Description 2024 2025 2026 2027 2028 422.000.72.531.70.41.67 Interfund Services $ 15,000 $ $ 422.000.72.531.90.41.20 Professional Services 100,000 017.000.64.597.76.55.22 Transfer to Fund 422 15,000 Total Expenditure Increase (Decrease) $ 130,000 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 422.000.331.10.683.00 NOAA/NFWF Grant $ 100,000 $ $ $ $ 422.000.397.38.017.00 Transfer from Fund 017 15,000 001.000.349.18.000.00 Contract Services 15,000 Total Revenue Increase (Decrease) $ 130,000 $ $ $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 001.000.39.508.00.00.00 Ending Fund Balance $ 15,000 $ $ $ $ 017.000.64.508.40.00.00 Ending Fund Balance (15,000) Total Ending Fund Balance Increase (Decrease) $ $ $ $ $ w C d E C d E Q Lv 7 m N O N N r.+ L x w O as Y t) t0 IL C O .y O 0 7 N O N +r C tv E t C� Q Packet Pg. 349 July 2024 Budget Amendment 9.1.a Budget Amendment for: July 23, 2024 Description: This amendment will program stormwater utility funding for permit assistance related to SEPA and securing a permit from the Department of Fish & Wildlife to perform maintenance of the exisitng diversion structure in lower Perrinville Creek Department: Public Works Division: Engineering Fund 422 STORM Title: Perrinville Sediment Maintenance Permit Assistance and Mitigation Planning Name: Preparer: Rob English Budget Amendment Type New Item For Council To Consider Date of Discussion or Budget Approval? How is this amendment funded? 100% Ending Fund Balance What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? Operating Expenditure Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 422.000.72.531.70.41.67 Interfund Services $ 5,700 $ $ $ $ 422.000.72.531.90.41.20 Professional Services 24,300 Total Expenditure Increase (Decrease) $ 30,000 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 001.000.349.18.000.00 Contract Services $ 5,700 $ $ $ $ Total Revenue Increase (Decrease) $ 5,700 1 $ 1 $ $ Ending Fund Balance Increase (Decrease) Account Number Description 2024 2025 2026 2027 2028 422.000.72.508.00.00.00 Ending Fund Balance $ (30,000) $ $ $ $ 001.000.39.508.00.00.00 Ending Fund Balance 5,700 Total Ending Fund Balance Increase (Decrease) $ (24,300) $ $ $ $ w C d E C d E Q d 7 m N O N N r.+ L x w 4) Y t) t0 IL C O .y O 0 7 N O N +r C d E t t) Q Packet Pg. 350 9.1.b ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4349 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2024 Budget; and THEREFORE, WHEREAS, the applications of funds have been identified; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 4349 adopting the final budget for the fiscal year 2024 is hereby amended to reflect the changes shown in Exhibits A, B, C, and D adopted herein by reference. 1 Packet Pg. 351 Section 2. 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. ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. APPROVED: MAYOR, MIKE ROSEN 2 Packet Pg. 352 9.1.b SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the th day of July, 2024, the City Council of the City of Edmonds, passed Ordinance No. XXXX. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4349 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of 52024. CITY CLERK, SCOTT PASSEY 3 Packet Pg. 353 9.1.b EXHIBIT "A": Budget Amendment Summary (July 2024) FUND NO. FUND DESCRIPTION 2024 UNAUDITED BEGINNING FUND BALANCE REVENUE EXPENDITURES 2024 ADJUSTED BUDGET ENDING FUND BALANCE 001 GENERAL FUND 2,492,460 51,502,492 52,037,793 1,957,159 009 LEOFF-MEDICAL INS. RESERVE 139,774 250,000 367,140 22,634 011 RISK MANAGEMENT RESERVE FUND - - - - 012 CONTINGENCY RESERVE FUND 2,228,672 - 2,228,672 014 HISTORIC PRESERVATION GI FT FUND 8,944 - 11,701 (2,757) 016 BUILDING MAINTENANCE 3,756,168 112,290 1,533,453 2,335,005 017 MARSH RESTORATION & PRESERVATION FUND 853,595 - 15,000 838,595 018 EDMONDS HOMELESSNESS RESPONSE FUND 200,000 - 200,000 - 019 EDMONDS OPIOID RESPONSE FUND 74,119 50,000 - 124,119 104 DRUG ENFORCEMENT FUND 40,843 4,520 39,000 6,363 111 STREET FUND 4,701 2,630,600 2,662,492 (27,191) 112 COMBINEDSTREET CONST/IIMPROVE 2,734,808 5,396,813 5,395,315 2,736,306 117 MUNICIPALARTS ACQUIS. FUND 657,265 88,631 282,880 463,016 118 MEMORIAL STREET TREE - - - - 120 HOTEL/MOTEL TAX REVENUE FUND 151,247 124,371 131,400 144,218 121 EMPLOYEE PARKING PERMIT FUND 83,814 38,900 106,880 15,834 122 YOUTH SCHOLARSHIP FUND 17,868 1,740 3,000 16,608 123 TOURISM PROMOTIONAL FUND/ARTS 138,157 44,193 43,400 138,950 125 PARK ACQ/IIMPROVEMENT 1,992,459 1,627,900 2,826,746 793,613 126 SPECIAL CAPITAL FUND 3,957,800 1,639,520 2,228,484 3,368,836 127 GIFTS CATALOG FUND 3,140,448 215,830 618,646 2,737,632 130 CEMETERY MAI NTENANCE/IMPROV 196,244 152,990 290,559 58,675 136 PARKS TRUST FUND - - - - 137 CEMETERY MAINTENANCE TRUST FD 1,212,121 55,580 99,500 1,168,201 138 SISTER CITY COMMISSION 18,681 5,680 11,900 12,461 140 BUSINESS IMPROVEMENT DISTRICT FUND 37,682 79,209 103,545 13,346 141 AFFORDABLE & SUPPORTIVE HOUSING FUND 309,127 65,000 - 374,127 142 EDMONDS RESCUE PLAN FUND 36,932 6,869,475 6,869,475 36,932 143 TREE FUND 222,354 220,930 214,800 228,484 211 LID FUND CONTROL - - - - 231 2012 LTGO DEBT SERVICE FUND - 310,420 310,420 - 332 PARKS CONSTRUCTION 139,615 1,169,365 907,660 401,320 421 WATER 35,327,561 12,314,744 13,837,584 33,804,721 422 STORM 19,860,704 9,086,716 9,842,423 19,104,997 423 SEWER/TREATMENT PLANT 64,195,663 20,019,768 23,397,506 60,817,925 424 BOND RESERVE FUND 843,961 1,996,270 1,988,830 851,401 511 EQUIPMENT RENTAL FUND 10,923,491 2,779,730 2,774,212 10,929,009 512 Technology Rental Fund 847,906 2,173,664 2,011,076 1,010,494 617 FIREMEN'S PENSION FUND - - - - Tota Is 156,845,184 121,027,341 131,162,820 146,709,705 C d E C d E Q d 8� 3 m 21 3 N O N d C> C R C L 0 r C d E C d E Q 4) co 3 m 7 N O N C d E L t) ca r r.+ Q Packet Pg. 354 EXHIBIT "B": Budget Amendments by Revenue (July 2024) 9.1.b FUND NO. FUND DESCRIPTION Adopted Budget Ord.#4335 1/1/2024 Adopted Amendment Ord.#4349 2/27/2024 Proposed Amendment Ord.# 2024 Amended Revenue Budget 001 General Fund $ 51,056,792 $ $ 445,700 $ 51,502,492 009 Leoff-Medical Ins. Reserve 250,000 - 250,000 011 Risk Management Reserve Fund - - 012 Contingency Reserve Fund 014 Historic Preservation Gift Fund - - 016 Building Maintenance Fund 112,290 112,290 017 Marsh Restoration & Preservation Fund - - 018 Edmonds Homelessness Response Fund - - 019 Edmonds Opioid Response Fund 50,000 50,000 104 Drug Enforcement Fund 4,520 4,520 111 Street Fund 2,630,600 2,630,600 112 Combined StreetConst/Improve 4,946,998 449,815 5,396,813 117 Municipal Arts Acquis. Fund 87,776 855 88,631 120 Hotel/Motel Tax Revenue Fund 124,371 - 124,371 121 Employee Parking Permit Fund 38,900 38,900 122 Youth Scholarship Fund 1,740 1,740 123 Tourism Promotional Fund/Arts 44,193 44,193 125 Park Acq/1 mprovement 1,627,900 1,627,900 126 Special Capital Fund 1,639,520 1,639,520 127 Gifts Catalog Fund 215,830 215,830 130 Cemetery Maintenance/Improv 152,990 152,990 137 Cemetery Maintenance Trust I'd 55,580 55,580 138 Sister City Commission 5,680 5,680 140 Business Improvement District Fund 79,209 79,209 141 Affordable and Supportive Housing Fund 65,000 - 65,000 142 Edmonds Rescue Plan Fund 6,550,000 319,475 6,869,475 143 Tree Fund 220,930 - 220,930 211 Lid Fund Control - - 231 2012 LTGO Debt Service fund 310,420 - 310,420 332 Parks Construction 316,240 853,125 1,169,365 421 Water 12,314,744 - 12,314,744 422 Storm 8,499,216 472,500 115,000 9,086,716 423 Sewer / Treatment Plant 20,019,768 - - 20,019,768 424 Bond Reserve Fund 1,996,270 1,996,270 511 Equipment Renta I Fund 2,706,730 73,000 2,779,730 512 Technology Rental Fund 2,173,664 2,173,664 617 Firemen'S Pension Fund - - - - Totals $ 118,297,871 $ 996,170 $ 1,733,300 $ 121,027,341 r C d E C d E Q r.+ N 7 m 21 7 N CD N -14 7 N O N C d E t V M Q Packet Pg. 355 EXHIBIT "C": Budget Amendment by Expenditure (July 2024) 9.1.b FUND NO. FUND DESCRIPTION Adopted Budget Ord.#4335 1/1/2024 Adopted Amendment Ord.#4349 2/27/2024 Proposed Amendment Ord.# 2024 Amended Expenditure Budget 001 General Fund $ 51,892,793 $ $ 145,000 $ 52,037,793 009 Leoff-MedlcalIns. Reserve 367,140 - 367,140 011 Risk Management Reserve Fund - - 012 Contingency Reserve Fund - - 014 Historic Preservation Gift Fund 11,701 - 11,701 016 Building Maintenance Fund 1,125,274 408,179 1,533,453 017 Marsh Restoration & Preservation Fund - 15,000 15,000 018 Edmonds Homelessness Response Fund 200,000 200,000 019 Edmonds Opioid Response Fund - - - 104 Drug Enforcement Fund 39,000 39,000 111 Street Fund 2,662,492 2,662,492 112 Combined StreetConst/Improve 4,699,705 695,610 5,395,315 117 Municipal Arts Acquis. Fund 282,880 - 282,880 120 Hotel/Motel Tax Revenue Fund 131,400 131,400 121 Employee Parking Permit Fund 26,880 80,000 106,880 122 Youth Scholarship Fund 3,000 - 3,000 123 Tourism Promotional Fund/Arts 43,400 - - 43,400 125 ParkAcq/Improvement 2,460,645 316,101 50,000 2,826,746 126 Special Capital Fund 1,379,355 714,754 134,375 2,228,484 127 Gifts Catalog Fund 618,646 - - 618,646 130 Cemetery Maintenance/Improv 290,559 - 290,559 137 Cemetery Maintenance Trust I'd 25,000 74,500 99,500 138 Sister City Commission 11,900 - 11,900 140 Business Improvement District Fund 103,545 103,545 141 Affordable and Supportive Housing Fund - - - 142 Edmonds Rescue Plan Fund 6,550,000 319,475 6,869,475 143 Tree Fund 214,800 - 214,800 211 Lid Fund Control - - 231 2012LTGO Debt Service Fund 310,420 - 310,420 332 Parks Construction 139,685 (85,150) 853,125 907,660 421 Water 13,568,408 269,176 - 13,837,584 422 Storm 8,495,157 1,202,266 145,000 9,842,423 423 Sewer/Treatment Plant 22,720,243 677,263 - 23,397,506 424 Bond Reserve Fund 1,988,830 - 1,988,830 511 Equipment Rental Fund 1,976,212 798,000 2,774,212 512 Technology Rental Fund 2,011,076 - 2,011,076 617 Firemen'S Pension Fund - - - Totals $ 124,150,146 $ 4,662,520 $ 2,350,154 $ 131,162,820 C d E C d E Q d 8� 3 m 21 7 N O N d C> C R C L 0 r C d E C d E Q 4) co 3 m 3 N O N C d E L t) ca w Q Packet Pg. 356 EXHIBIT "D": Budget Amendment Summary (July 2024) 9.1.b Fund Number Proposed Amendment Change in Revenue Proposed Amendment Change in Expense Proposed Amendment Change in Ending Fund Balance 001 445,700 145,000 300,700 016 - 408,179 (408,179) 017 15,000 (15,000) 018 200,000 (200,000) 121 80,000 (80,000) 125 50,000 (50,000) 126 - 134,375 (134,375) 142 319,475 319,475 332 853,125 853,125 422 115,000 145,000 (30,000) Total Change 1,733,300 2,350,154 1 (616,854) Packet Pg. 357 9.2 City Council Agenda Item Meeting Date: 07/23/2024 Presentation of Main St Overlay Project Scope of Work Staff Lead: Rob English/Ryan Hague Department: Engineering Preparer: Emiko Rodarte Background/History On May 24, 2023, the City Council approved a Professional Services Agreement with KPG Psomas to design the Main St Overlay Project. On February 13, 2024, staff presented this item to the Parks and Public Works Committee. On April 2, 2024, staff provided a project update to the City Council. On May 14, 2024, staff prepared information for the Parks and Public Works Committee. On July 16, 2024, staff presented construction bids to the Parks and Public Works Committee and it was forwarded to the City Council for a decision on either an eastbound (up -hill) bike lane or bike sharrow. Staff Recommendation Proceed with the Main St. Overlay Project Scope of Work including an eastbound (up -hill) bike lane. Narrative In 2020, the City secured a $750,000 federal grant to fund a full -width grind and pavement overlay on Main St from 6th Ave to 8th Ave. City staff secured an additional $391,215 Complete Streets grant from TIB in March, 2024. In addition to paving the project also includes upgrading all noncompliant ADA curb ramps and new pavement markings within the project limits. The section of Main St between 8th Ave and 9th Ave will also receive a pavement overlay. This section has already been awarded to Granite Construction and will be funded by the City's annual overlay program (see attachment 2). The current lane configuration of Main St provides a traffic lane in each direction and parking lanes on both sides of the road. Staff is proposing the addition of an eastbound bike lane to support cyclists traveling uphill who tend to be moving much slower than vehicular traffic. Shared lane markings, or "sharrows" will be added in the westbound direction. The bike lane addition will be accomplished by narrowing the traffic and parking lanes This item is being presented to the City Council for a decision on either an eastbound (up -hill) bike lane or bike sharrow. Attachments: Packet Pg. 358 9.2 Attachment 1 - Presentation Attachment 2 - Area Map Packet Pg. 359 Ah MairrSt Overlay Project Proposed Eastbound July 23, 2024 City Council Meeting Bikelane �o� IL, -4 �7 As ri C • Packet Pg. 360 BEGIN NEW LANE CONFIGURATION Alf� Civic �� y Q Q -.,� . FEDERALLY FUNDED i OVERLAY - -- --. n I Dayton St _ r , �. 9.2.a Q C d o LOCALLY FUNDED _ OVERLAY END NEW LANE CONFIGURATION a _ 9 M-- E r rea ivicip Packet Pg. 361 City Ordinance #3842 (ECDC 18.80.015) Complete Streets Ordinance - states that: City of Edmonds will plan for, design, and construct all new transportation projects to provide appropriate accommodation for pedestrians, bicyclists, transit users, and persons of all abilities. �: 9.2.a L+ a� _ a 0 JEI ■L in 71 m EL O a OL 0 era o INN ♦street: �<< � c m i i a a i 4 14 i i 0 Parking Travel Lanes Travel Lanes Parking j Walk w m 44 • ,� a •-Curb to Curb S. Side c a� E s 0 a r Existing ��.,�: n a Packet Pg. 363 9.2.a Proposed Section Packet Pg. 364 9.2.a AN kol 0 No additional street space required Alerts drivers to the presence and position of cyclists in the travel lane Helps cyclists safely position themselves in narrow lanes keeping them out of the "doorzone" a *7 c ReducestF( incidence o sidewalk ridii a) a O Q U) r a) 0 L a L m O C 4- 0 C O C N N 2 a C O C m d L a c am E w a a) E s �a Q Packet Pg. 365 010 LTJ � 0 1110 i Increases safety by reducing vehicle speeds Visually remi motorists of cyclists' righ Separates bikes from cars while riding Packet Pg. 366 • d* Proposed Bike Parking ® Existing Bike Parking/Locker Bike Lane Bike Route Trail/Path Bike Sharrow �vJaY� ® d4 Cit Par - Existing Proposed 1 1 Caspers5t - - �♦ 1 z g j �♦ al 1 ♦ ♦ 1 ♦ ♦ �� 1 ♦ ♦ CL p �♦ (� �� Is ♦ v `(D-® Main St Sr�Q VIC� , 1MapleSt �--� ' G) 1 Meadowda d :h Rd Q ' I— Walnut5t 1 i T2tbd� Rd 1 >+ St+S" >' 1 fts c d 6ih2<Park Southwest County 31 > 11 16;PineSt 1 1c View DrO C\� —rir g� TA to N �® •� 1- I a C 184�hStSW 1 186thSt5W ♦ , 0 ` = � Lynnda --� Park C . Puget Dr > UoWntown Inset CaspersSt Maplewood— a Parki. , f1 ... vl City Q z z vl a 5 ¢ E of - 1 o L,Edtnonds -- C a'' hJi �M`a ♦ L 1 L ♦ S51 -- ---� j , Dayton St Main St Pine Ridge Yost Park N 20E O ' Maple! Park of 1 E a ayQ Bowdoin Wa ' / 1 ^ Pine St a © a � v t 1 Q 218th5tSW d iStS1 a' -6 rn L 220thStSW - t) cts 1 d� , -- 5t5W—' -- ;,-_' i• 224h41 r _ 1 r 226th5t5W 1 i 8 �- ° 2128thStSW Q6 . W Packet Pg. 367 er a ounty £ 9.2.a J Z aj a) ,Q- > Q 4f L.0 (3) Bike Lane Existing Bike Route ■ ■ ■ Proposed Main Trail/Path Bike Sharrow FEDERAL Construction $527K No change No change No change STATE —TIB Construction $305K No change No change Reduced (estimated $2,540) Packet Pg. 368 9.2.a N •1Islff:1S[• I ll�L _ o _ m m -�^ L a MAIN ST �► c m— E c� s . ca (� a Packet Pg. 369 9.2.a g,,n and Main Striae Tr;; a� Z i i i i sae I 852 • CL 0 C0 L a c� m I p I y _ i ca (I � 0 I = 0 I n ' HIMCL _ _ 0 o c� o = a w O � L m SSM H MON "INV o 0 MN wv o �+ q m SDMH G � 0 m Sly E 0 o t � v 0�mmgogoPgg000Hou C� E s r � D4 V I Q I n856 Packet Pg. 370 9.2.a 0 0_ 0 u Co m 0 L a 0 m O Cn _ 4- 0 0 r m r m a� L a 0 0 a� y d L a Q Packet Pg. 371 A I ►\ EL"- m RIMLVA �Uv wj LVA wAil 0 ..: I 1 - r I •C;: '' � _ 1- ii r --. is ••�_-: _ • 1 1� � i � � - _ •j . r �•%. 1 �, ir♦ I_!. .a: ;- .�'� ',. -S rIP lF �, yo"� � I} �► � f -�'`•, _ �r� � r it -.sir _._ _ - _ �. _.� -_ �.- 'f • y` i � � r \ � , , •.� rl !! �� ^7!!'s• ,•� ,r •,,� . - `�¢y ,ram;-.:, �', n !Iw • V - �,. _ .,- � .. ) .. ,- _ is .I � _ � _- _ jr lip ._r :.:t.�. ,t + r •-, «.. a•,\ - _:• - -- �' r17-, C2 - 1 ,�•..j' S� Oki _ -'s ,, 1 .. :.' - - A� - . .7 . ... _ -` � - t' ' - '� ii -' �Y - ...s-- - .iL ; ' may` •L . _ 1 • i yy'r A i 'C r •� .S J _ .-;...)t • •„ 1_ �, , -�... 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'F- � J r. - 1. _ _ � ._ ■i t� � :. r .'.�» �' yr -,� .I j - sty, p • _ - \r ,1;� _ ,1 - t �, wy r gg .ipy�.yi `Y+ l. •ram•. . �7.a.s_" . � . _ _ .. �` T°= I �� ;.a t s L ` ..�s�_'___r .f 9.3 City Council Agenda Item Meeting Date: 07/23/2024 Ordinance Amending ECC 5.05 to Ban the Deliberate Breeding and Sale of Companion Animals Staff Lead: Council Department: City Council Preparer: Beckie Peterson Background/History According to American Society for the Prevention of Cruelty to Animals (APSCA), approximately 6.3 companion animals enter U.S. animal shelters nationwide every year. Each year, approximately 920,000 shelter animals are euthanized in the United States. The reasons why range from medically -necessary euthanasia to euthanasia of healthy animals due to inadequate space and financial resources among shelters to house and care for this high volume of unwanted companion animals. The animals most commonly surrendered to shelters are dogs, cats, and rabbits. In Washington State, the number of dogs which may be legally kept on private property is limited under state law to 50 dogs over the age of six months with "intact sexual organs." (RCW 16.52.310.) Under Chapter 16.52, "Prevention of Cruelty to Animals," any person may legally keep more than ten dogs in the state of Washington, provided that the owner provides "space to allow each dog to turn about freely, to stand, sit, and lie down." Finding that these statewide standards are inadequate to address concerns about animal cruelty and animal overpopulation in modern times, multiple jurisdictions within Snohomish County have chosen to further restrict the deliberate breeding of companion animals for profit and the sale of cat and dogs, including the Cities of Everett and Bothell. On May 14, 2024 the PSPHSP Committee reviewed this item and forwarded to full council for consideration. (minutes attached) Recommendation Approve the ordinance attached, amending Chapter 5.05, "Animal Control," to ban the deliberate breeding, advertisement, and sale of companion animals for profit in Edmonds. (Option 1.) Narrative The "Pro" and "Con" statements offered and alternatives analyzed rely on legislative models from the Cities of Bothell, Everett, and Edmonds' existing code, which is silent on the subject of regulating the deliberate breeding of companion animals for profit and the sale of companion animals for profit and functions as the "no action" alternative. Source material may be viewed in the attachments to this item. Option 1: Ban the Deliberate Breeding and the Sale of Companion Animals for Profit. Packet Pg. 373 9.3 a) Pro: Affirmatively prevents animals being bred and sold within Edmonds city limits and clearly signals to the community that this activity is not encouraged or allowed in the City of Edmonds. b) Con: This could impact responsible breeders who are not overbreeding or abusing their breeding stock. c) Financial Impact: While this may minimally increase calls and activity by Edmonds' animal control officers, it also allows the City of Edmonds to prevent more companion animals from being created and becoming a financial burden if surrendered or impounded at the City's designated shelter. Like all municipalities, Edmonds contracts with a local shelter (Everett Animal Shelter) and is forced to utilize its funds to impound, transport, house, feed, spay/neuter, and adopt out unwanted companion animals due to overpopulation. Option 2: Restrict the Deliberate Breeding and the Sale of Companion Animals for Profit. a) Pro: Instead of outright banning the deliberate breeding and sale of animals, this would be a less prescriptive approach which would empower our animal control officers to undertake the following actions in relation to the deliberate breeding and sale of companion animals: i. Requiring breeders to obtain a license. ii. Application process. iii. Inspections by animal control. iv. Registration fees. v. Greater accountability for the number of companion animals and ownership through self - reporting. vi. Opportunity for the City to show options and support for responsible pet ownership. b) Con: This would require more time, effort, and engagement for our animal control officers, which might not necessarily be offset by the fees assessed on licensed breeding operations. Additionally, while this approach may limit the number of companion animals which are bred and sold in the City of Edmonds, it would not eliminate entirely the possibility that more unwanted companion animals end up in City -designated shelters. c) Financial Impact: This could potentially generate some additional revenue for the City of Edmonds if a significant number of breeding operations are forced to pay registration fees, but could potentially add to the workload of our present Animal Control Officers to enforce the new codes. Option 3: No Action to Amend the City of Edmonds' Code to Regulate Breeding and Sale of Animals a) Pro: Does not require additional interactions between Edmonds' Animal Control Officers and members of the public, which may be a cost -savings and less hazardous if the Animal Control Officers are required to intervene at a nuisance property. b) Con: Potentially, more unwanted companion animals will be bred and sold for profit in the City of Edmonds, which becomes a burden to the Edmonds taxpayer when these animals are surrendered to the custody of the City -designated shelter. c) Financial Impact: The financial impact should be the status quo, with our present costs at the City -designated shelter remaining unchanged. Attachments: 2024.07.17 - Ordinance adopting 5.05 ECC Exhibit A - ECC 5.05.010 (Proposed Amendment to Definitions) Packet Pg. 374 9.3 Exhibit B - Final v. 1 - ECC 5.05.134 (Proposed Amendments to Ban the Breeding, Advertisement, and Sale of Companion Animals) Shelter Animals Count - Full-Year-2023-Report 2024.04.01 - Edmonds Senior Animal Control Officer Jessica Gilginas' Email City of Bothell Code on the Legal Requirements for Hobby Kennels and Hobby Catteries City of Everett Code on Banning the Sale of Dogs and Cats pages from PSPHSP minutes 5.14.24 PAWS Statement 2024.05.06 - Sabrina Connaughton - Statement of Support Packet Pg. 375 9.3.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF THE EDMONDS CITY CODE TO PROHIBIT THE BREEDING, ADVERTISEMENT AND SALE OF COMPANION ANIMALS WHEREAS, there are aspects of chapter 5.05 ECC which do not reflect current attitudes towards animal welfare; and WHEREAS, it is the desire of the City of Edmonds to address animal overpopulation due to the breeding, advertisement, and sale of companion animals for profit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.05.010 of the Edmonds City Code, entitled "Definitions," is hereby amended to read as set forth in Exhibits A, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in st ike- Section 2. A new section 5.05.134, entitled "The Breeding, Advertisement, and Sale of Companion Animals is Banned," is hereby added to the Edmonds City Code to read as set forth in Exhibits B, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in strike —thigh). Section 3. 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 4. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: MAYOR MIKE ROSEN Packet Pg. 376 9.3.a ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 377 9.3.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the _ day of , 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, AMENDING PORTIONS OF THE EDMONDS CITY CODE TO PROHIBIT THE BREEDING, ADVERTISEMENT AND SALE OF COMPANION ANIMALS The full text of this Ordinance will be mailed upon request. DATED this day of 12024. CITY CLERK, SCOTT PASSEY 3 Packet Pg. 378 ECC 5.05.010, Definitions Page 1 of 4 9.3.b 5.05.010 Definitions. A. "Animal control authority" means the person, association or corporation, appointed or authorized by the city of Edmonds and/or the chief of police or his designee, to enforce the provisions of this chapter and all other ordinances of the city pertaining to animal control. B. "Animal control officers" means officers employed by the animal control authority and includes police officers. C. "At large" means off the premises of the owner and not under the immediate control of the owner, member of the owner's immediate family, or person authorized by the owner, by means of a leash, cord or chain no longer than eight feet. D. "Companion animal" refers to animals owned and kept for purposes of enjoyment and pleasure, rather than utility, and includes particularly species of Canidae. Felidae, and Leporidae, otherwise known as domesticated species of dogs, cats, and rabbits. D. "Covered animal" means hoofed animals usually found on farms, such as horses, ponies, mules, donkeys, bovine animal, sheep, goats and/or swine. E. "Dangerous dog" means any dog that, according to the records of the animal control authority, has: (1) inflicted severe injury on a human being without provocation on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals; provided, however, that an animal shall not be considered a "dangerous dog" if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. F. "Domestic animal" means any animal that is usually tamed and bred by humans. r.i. "Guard dog" means any member of the dog family which has been trained or represented as trained to protect persons and/or property by virtue of exhibiting hostile propensities and aggressiveness to unauthorized persons. The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024. Packet Pg. 379 ECC 5.05.010, Definitions Page 2 of 4 9.3.b #. "Inherently dangerous animal" means any live member of the Canidae, Felidae, Ursidae, and Reptilia families, including hybrids thereof, which, due to its inherent nature, may be considered dangerous to humans. Inherently dangerous animals include but are not necessarily limited to: 1. Canidae, meaning and including any member of the dog family not customarily domesticated by man, or any hybrids thereof, but not including domestic dogs and wolf hybrids (cross between a wolf and a domestic dog). 2. Felidae, meaning and including any member of the cat family not customarily domesticated by man, or any hybrids thereof, but not including domestic cats. 3. Ursidae, meaning and including any member of the bear family, or any hybrids thereof. 4. Reptilia, meaning venomous and "devenomized" reptiles, including but not necessarily limited to all members of the following families: Helodermidae (gila monster), Viperidae (pit vipers), Crotalidae (rattlesnakes), Atractaspidae (mole vipers), Hydrophiidae (sea snakes), and Elapidae (coral snakes and cobras). 5. Colubridae snakes which are rear fanged, including, but not necessarily limited to dispholidus typus (boomslangs), thebtornis kirtlandii (African twig or vine snake), and rhabdophis (keelbacks). 6. Colubridae snakes which reach a length of 10 feet and over, including but not necessarily limited to green anaconda, reticulated pythons, Burmese python, albino Indian python, and African rock python. 7. Crocodilia, meaning and including crocodiles, alligators and caimans. 1. "Inhumane treatment" means every actor omission whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted. }. "Own" means owning, keeping, leasing, possessing or harboring any animal. "Owner" means any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. K. "Person" means any person, firm, corporation or association. The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024. Packet Pg. 380 ECC 5.05.010, Definitions Page 3 of 4 9.3.b L-. "Pet" is a domestic animal owned and kept by an individual or family for enjoyment and pleasure rather than utility. The term "pet" includes all animals required to be licensed under the terms of this chapter when properly licensed. M. "Potentially dangerous dog" means: (1) any dog that when unprovoked: (a) inflicts a bite or bites on a human, pet or livestock either on public or private property; or (b) chases or approaches a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; or (2) any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans, pets or livestock on any public or private property. N. "Poultry" means domestic fowl normally raised for eggs or meat and includes, but is not limited to, chickens, turkeys, ducks, geese, pheasants, quail, guinea fowl, pea fowl and other similar domesticated birds. Nothing herein shall be interpreted to conflict with or eliminate any state wildlife licensing requirement with relation to the keeping of any type of fowl. Large fowl over three feet in height or 30 pounds as mature adults, such as emus or ostriches, shall be considered "covered animals" and regulated as such. 8. "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. -12. "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. Q. "Vicious animal" means any animal other than a "dangerous dog" or "potentially dangerous dog" that endangers the safety of any person or domestic animal by biting or attacking without provocation. R. "Wild animal" means any animal living in its natural state and native to the United States and not normally domesticated, raised or bred by humans. [Ord. 3895 § 1, 2012; Ord. 3655 § 1, 2007; Ord. 3634 § 1, 2007; Ord. 3451 § 1, 2003]. The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024. Packet Pg. 381 ECC 5.05.010, Definitions Page 4 of 4 9.3.b The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024. Disclaimer: The city clerk's office has the official version of the Edmonds City Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited a bove. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024. Packet Pg. 382 9.3.c ECC 5.05.134, The Breeding, Advertisement, and Sale of Companion Animals is Banned Page 1 of 1 5.05.134 The Breeding, Advertisement, and Sale of Companion Animals is Banned. A. The Deliberate Breeding of Companion Animals for Profit is Prohibited. It shall be unlawful for any person to deliberately breed any companion animal, namely any dog, cat, or rabbit, for the purposes of profit. Violation of this subsection by any person or corporation shall be a civil violation punishable by a fine of not more than one thousand dollars ($1000) per litter deliberately bred. Anyone found guilty of this provision may cure this fine by providing proof that all of the animals bred and their offspring have been spayed or neutered to the animal control officer, via inspection of the animals in question and veterinary records, and that all breeding activity on the property has ceased. B. Advertisement and Sale of Companion Animals Prohibited. It shall be unlawful for any person to sell or offer for sale any companion animal, namely any dog, cat, or rabbit. A retail pet store may provide space and appropriate care for animals owned by a publicly operated animal control agency or nonprofit animal welfare organization for the purpose of adopting spayed or neutered dogs, cats or rabbits to the public. Violation of this subsection by any person or corporation shall be a civil violation, punishable by a fine of not more than two hundred fifty dollars ($250) per animal per day. 1. Exception for Accidental Litters. The prohibition on the deliberate breeding of companion animals for profit in 5.05.134(a) shall not apply to litters of companion animals which we were bred due to accident, provided that the person responsible for the animals provides proof to the animal control officer that the animals bred have been spayed or neutered. 2. Exception for Rehoming Fees: The prohibition on the advertisement and sale of companion animals in 5.05.134(b) shall not apply to rehoming fees required when adopting any companion animal for the ourooses of ensuring that the animal is adopted into a safe environment. Packet Pg. 383 I 9.3.d I SHELTER ANIMALS COUNT ANNUAL ANALYSIS C, T R vs o � a ti QP SNELTE0 S/NCE 2016 ,~ . Packet Pg. 384 k" tAJ4A0tW 0 ear Since our founding in 2012, Shelter Animals Count (SAC) has been on a collaborative journey of dat collection and sharing. Through it all, our work has been driven by the belief that understanding th number of animals entering and leaving animal shelters is essential because with this knowledge, v are able to identify real solutions to the challenges faced by animal shelters today. 2020 marked a pivotal "reset" in animal welfare, showcasing the power of unity and fostering creativity and innovation. It also unveiled vulnerabilities in the system. In the years following, we h seen steady increases in animal intakes, flatlines or decreases in outcomes, and a persistent gap in animals awaiting an outcome. The result? An ongoing capacity crisis. Entering our fourth year of this "new normal," we are faced with confronting the challenge of the year -over -year buildup of animals that have entered and lingered in organizations, waiting for an outcome — the total now reaching an estimated 900,000 animals since 2021. As recent trends indicate another challenging year ahead in 2024, SAC remains steadfast in our commitment to supporting you. Recognizing the importance of understanding the historical changes of animal counts within the welfare system, our report includes 2019 comparisons to provide context for the industry's evoluti toward this "new normal." Moreover, we are proud to introduce our new estimation model, translating percentages into estimated animal counts. This development makes the data more accessible and user-friendly, allowing us to bring even more animal advocates into the fold. While 2023 presented its share of challenges for our industry, our collective passion and resilience will fuel progress in 2024. As we embark on this new year, we must continue to look ahead, while learning from where we have been. Embracing post -pandemic changes, sharing experience, and collaborating on solutions will all play a pivotal role in shaping what comes in the years ahead. ; Our commitment to transparency, cooperation, and neutrality remains unwavering and we look forward to telling your stories through data, collectively and individually, as we forge ahead into 2024! 2 Executive Director, Shelter Animals Count HlCmmHLir T JANUARY - DECEMBER, 2021 - 2023 NEW in 2024: Introducing Shelter Animals Count's new estimation model This report is the first report to contain data from Shelter Animals Count's new estimation model, which translates percentages into estimated figures. Please note that the reported numbers are rounded for simplicity, allowing for a more comprehensive representation of the data. For more information about the model, see page 14. The number of animals entering While non -live outcomes are on shelters through community intakes in the rise for both cats and dogs, the 2023 remained roughly the same as number of dogs euthanized 2022 at 6.5 million, with intakes nearly (359,000 dogs) surpassed the evenly split between dogs and cats. number of cats euthanized (330,000 cats). Shelter euthanasia represents 9% of total intakes. Even though total community intakes PAGE 11, 1� remained flat in 2023, 4% fewer animals (-67,000) were transferred A total of 900,000 animals between organizations compared to have entered and lingered i 2022. our nation's shelters and PAGE 5, 7 While 2.2 million dogs were adopted in 2023, dog adoptions are still 5% lower than in 2019 (-108,000 dogs adopted). Cats are experiencing a more hopeful trend: 2.6 million cats were adopted in 2023,14% more (+319,000 cats) than 2019. PAGE 11, 1� rescues since January 2021. This surplus is on top of the population already residing within organizations, resulting in an ongoing capacity crisis. FPO' �-- 3 Packet Pg. 386 9.3.d 4- 0 m Co a� _ m m ML W w L _ M� W O -W LO 0 LO U U W Cm _ _ m E Q m V _ ca _ L 0 L O Q Na) M N O N L 3 LL Packet Pg. 387 In 2023, 9.3.d ) I r dogs and cats entered shelters and rescues nationwide. i vOAIF= iv COMPARED TO 2022 COMPARED TO 2021 COMMUNITY INTAKES* FOR 2023 Community intakes in 2023 remained fairly consistent with 2022, but are still 3% lower than 2019 accounting fora reduction in roughly 214,000 animals entering organizations compared to pre -pandemic times. Community intakes remained evenly split between dogs and cats in 2023. In addition to animals entering organizations through their community,1.5 million animals were transferred between organizations in 2023, marking an 4% decrease since 2022. 'Community intakes tally all intakes except transfers to ensure a cl count of animals received directly from the community, avoiding uuuuiu counting during total intake calculations. 0 W VY N Z LLJ Z1-- m LL �C 1-10 O° 10, Au 3.2% COMPARED TO 2019 STRAY . BYLOWNER ED • N ANSFERRED . OTHER 5o • 50% 40 ao 24% 20 10 0 48% 48% r-0 0 a a) IX M N It O N L CU E C d s c.� ca 18% 21% 19% 18 Q 18 /o 8% 9% 9% 9% 2019 2021 2022 Packet Pg. 388 24% 25% 25% 3W -2MILL101- 4 0 m U) CU 0) DOGSE ENTERED SHELTERS AND RESCUES IN 2023 m DOGS IN 2023: INCREASES FUELED BY STRAYS Dog community intakes increased by 10% from 2021 and 3% from 2022, yet they remain 6% below 2019 levels. Stray intakes drove this increase, with an additional 234,000 strays entering organizations compared to 2021, constituting 46% of intakes, matching 2019 rates. Other sources, like dogs born in care or dogs confiscated/seized, contributed to a 14% overall increase (52,000 dogs) compared to 2019/2021. Owner surrenders for dogs have remained steady since 2021, while still reflecting a 10% decrease compared to 2019. CU L O w o Ar v s PARED TO 2022 0 LO 0 W 0) _ _ � a a) _ � L 0 0 a a) M- Percentages repro t intakes as % ( N total/gross inta R a) PV c M 0 V • STRAY RELINQUISHED . BY OWNER TRANSFERRED • IN OTHER N is E Q so 46,"' L W 42% O o +�+ � d Q 40 t — w Z Z = J 30 Za 24% 24% 25 _ C1 20 0 V 22% 21% 20°76 Q LL O10 c 896 9% 10% 10'/a 0 2019 2021 2022 Packet Pg. 389 „k q, i1 O '4 3 mILLio 0 k CATS ENTERED SHELTERS AND RESCUES IN 2023 CATS IN 2023: STRAY INTAKE DOWN In 2023, community intakes for cats are nearly on par with 2019 levels, showing less than 1% decrease. Stray intakes are down by 6% compared to 2019. Other sources, like cats born in care or cats confiscated/seized, contributed to a 14% overall increase (43,000 cats) since 2019. Owner surrenders for cats have remained steady since 2021 (accounting for 25% of total intakes), but they are 8% higher (73,000 cats) than 2019 rates. W Y H LLI Z ZJ a LLLL LL 0 1-10 0/" COMPARED TO 2022 ml�" COMPARED TO L PARED 2021 2019 ' STRAY • N TRANSFERRED . BYOWNERRELINQUISHED . OTHER 60 54% so 40 30 20 50% 24% 25% 50% 49% 25% 17% 17% 17% 10 15% 8% 8% 8% 9% 0 (� 2019 2021 2022 Packet Pg. ! r-0 0 CL 4) IX M N t O N L CU LL 3 0 U ca 1 4- 0 m m �a a� _ m m L m w+ L _ Mm W O 41 LO U U w _ _ m E Q m _ R _ L O t O Q Na) M N O N i l4 d 3 LL Packet Pg. 391 9.3.d In 2023, 010 1 000 dogs and cats had a live outcome* from animal sheltering organizations. This is an increase of 166,000 live outcomes over 2022 and 75,000 more than in 2019. 2% WAITING FOR OUTCOME 12% TRANSFERRED OUT 2% OTHER 3% RETURNED TO FIELD 9% RETURNEI TO OWNE TRANSFE Dogs and cats entering organizations from their community are less likely to be transferred to another organization in 2023 compared to 2019. The transfer rate I decreased from 16% in 2019 to 12% in 2023. *Live outcome totals tally all live outcomes except transfers to ensure a clear count of anim Packet Pg. 392 outcome in their community, avoiding double counting. 9.3.d j*5()WU()U boas and cats had nc •ffe]rOr:111111111111KIM O .••. Non -live outcomes increased by 15% (112,000 animals) compared tc 2022, but are still 16% lower than 2019 (156,000 animals). In recent years, there has been a notable rise in non -live outcomes for dogs (+24% or 78,000 more dogs from 2022; +64% or 157,000 more dogs from 2021). Additionally, non -live outcomes for dogs have risen by 12% (42,000 dogs) compared to 2019. 9`. SHEL EUTHA • Cats are also witnessing an uptick in non -live outcomes, albeit at a slower rate. There was an 8% increase (34,000 more cats) compared to 2022 and C a 3% increase (+15,000 cats) compared to 2021. However, the data shows a positive shift as 31% fewer cats (-198,000 cats) experienced non -live outcomes in 2023 compared to 2019. Died in care rates for cats have remained relatively flat since 2021. Non -live outcomes species breakdown In 2019, 64% of non -live outcomes involved cats. By 2023, this number dropped to 53%, as dogs began seeing substantial increases in non -live outcomes. 2019 2021 2022 Cn E a V". Packet Pg. 393 • 0 • • ,9MILLION DOGS had a live outcome* in 2023. 2023 DOG TRENDS In 2023, 3% more dogs entered shelters than left, resulting in an additional 107,000 dogs in shelters at the end the year. While dog live outcomes exceeded those in 2021 and 2022, they are still 8% lower than in 2019, which means 242,000 fewer dogs exited shelters via a live outcome than in 2019. ADOPTIONS 109,000 more dogs were adopted in 2023 than in 2022, however the total number of dogs adopted in 2023 is still nearly 108,000 fewer (-5%) than in 2019. RETURN TO OWNER Return to owner rates (of total dog intakes) have decreased from 18% in 2019 to 16% in 2023 despite stray intakes rising back to 2019 rates. 14% TRANSFERRED OUT 1% OTHER 16% RETURNED TC FIELD/OWNEI 2023 DOG OUTCOMES SNAPSHOT I 'v w 2.2 million adopted 0 625,000 returned to owner is359,000 euthanized in shelters <�:7>561,000 transferred between organizations INS 37,000 died in care 9.3.d *Live outcome totals tally all live outcomes except transfers to Packet Pg. 394 f animals receiving a final outcome in their community, avoiding UOUDle coun ing. OMILL ',IN CATS had a live outcome* in 2023. 2023 CAT TRENDS In 2023, the total number of cats entering shelters exceeded the number of cats leaving by 2%. This means there were an additional 70,000 cats still waiting for an - outcome at the end of 2023. ADOPTIONS 34,000 more cats were adopted • compared to 2022, while 319,000 more cats were adopted compared to 2019. The percentage of intakes that resulted in C an adoption has increased from 59% in 2019 to 65% in 2023. RETURN TO FIELD 2023 CAT OUTCOMES SNAPSHOT t"v 2.6 million adopted 0 363,000 returned to owner/field 330,000 euthanized in shelters <r1*427,000 transferred — between organizations Return to field rates (of total cat intakes) have decreased from 7% in 2019 to 6% in 00, 2023.12,000 fewer cats were returned to 111,000 died in care field in 2023 compared to 2019, even with intakes very close to 2019 levels. WAITING FOR 11% TRANSFERRED OUT 2% OTHER 6% RETURNED TO FIELD 3% RETURNE[ TOOWNE 9.3.d *Live outcome totals tally all live outcomes except transfers to Packet Pg. 395 f animals receiving a final outcome in their community, avoiding U(.)UIJ1e coun Ing. O At the end of 2023, 0 Cn CU ) C M additional dogs and cats werE1 in the animal sheltering systen nationwide compared to the end of 2022. +70,000 +107,000 additional cats additional dogs 2% 09 ore animals have :ered and lingered ur nation's shelters ice January 2021, ilting in an ongoing capacity crisis. 4 Packet Pg. 396 Shelter Animals Count's Estimation Model Data estimation models are a common tool used by organizations it all business sectors and are a best practice for population/census- type data. Using intake and outcome data from over 6,000 organizations nationwide, SAC developed a peer -reviewed estimation model that includes representative data from all animal sheltering organization types and sizes in all U.S. states and territories. Data was analyzed separately to account for organizational differences, and then combined for the national numbers shared in this report. Tips for using this report Estimates are rounded. Calculating raw totals from rates in this report is not recommended as all rates are calculated using Total Intakes (Community Intakes + Transfers in). For raw numbers on all intake/outcome types over the years, visit our dashboard. • NEW: Find estimation model details, dashboards, and FAQat: www.sheiteranimaiscount,,org/stats - - Definitions Community Intakes Total intakes excluding transfers in to show actual community activity, and avoid double counting intakes when aggregating. Community Live Outcomes Total outcomes excluding transfers out. Intake types as % community intake The percentage of total intakes that were a certain intake type. Live Outcomes Adoption, return to owner (RTO), return to field, transfer, and other live outcome: Non -live outcomes Died in care (neonatal loss, illness, etc.), lost in care, and shelter euthanasia. Outcome types as % community intake The percentage of intakes from within the community that resulted in certain outcomes. Population Change Gross Intakes minus Gross Outcomes provides the number of animals that have entered and not had an outcome. In the specified time period, this is the number that the population in care has increased/decreased by. 4HE A,�XKMU a w Total Outcomes Includes all live outcomes and non -live outcomes. Packet Pg. 397 There were 9.3.d Zq C� 4- 0 M U) Cu animal sheltering organizatiorm� Cu operating in the U.S. in 2023, a o�0 1R / 46 escues 520 Shelters s ILL 000 Mr W 5 O Ln � Ln I O 's LO L) o�o Lu Resc 1 C i� 3l E w Q 4) °R,, 2,018 Rescues C L ° 695 0 Shelters r 4,915 shelters 9,514 rescues The majority (85%) of community intakes occur in shelters, with 15% coming from rescues. Shelters are brick -and -mortar organizations, whereas rescues tend to be foster -based organizations. 0 ABOUT SHELTER ANIMALS COUN THE MOST TRUSTED SOURCE FOR ANIMAL SHELTERING STATISTIC Over the past few decades, several attempts were made to create a platform for shelt( data reporting in the animal welfare industry. Shelter Animals Count was founded in 2012 by a diverse group of animal welfare agencies with the desire to come together a an industry and finally create a standardized database. Their partnership and collaboration led to the development of The National Database, which aims to measure progress in animal welfare, foster collaboration, and address the issue of pet homelessness. Shelter Animals Count is a neutral, independent non-profit organization entrusted with analyzing and sharing animal sheltering data to provide crucial information and insights to save lives. Data collection began in 2016 and has grown to include intake and outcome data from all organization types (without any minimum intake requirements), all species (beyond just cats and dogs), and community services (for owned pets) in all 50 U.S. states, Puert Rico, and the Virgin Islands. The database is continuing to grow with planned expansions into Canada and the collection of additional data points (172 currently collected) — including field services and more detailed intake and outcome data categories (animal -level data). Shelter Animals Count operates as a 501(c)(3) organization, relying on grants, 16 sponsorships and donations to fund our efforts. . . , 9.3.d 931 Monroe Dr. NE Ste A102 #109 Atlanta, GA 30308 info@shelteranimaIscount.org O• 112 Official Technology Partner National Platinum Sponsor • kinshp C,ETSIAAQT arities National Gold Sponsors John T. & Jane A. Pak ��/T Petco Wiederholdove- THEFoundation HUMANE SOCIETY A N OF THE UNITED STATES National Silver Sponsors The Association for mutual Animal Welfare Advancement rescue National Bronze Sponsors I# GS HUMANE AT NATIONAL ANIMALCORP. ARE 8CONTROL ASSOCIATION Silver Shelter Sponsors y HumanSan Diego mspca � angell e SOCIETY SFSPCA Kindness and Care for Animals, Bronze Shelter Sponsors atiantaA00 rizona [ ANIMAL KC PET �►0111 nwrin h•..Rmane huCiane �iumane -- lh- .111TT \/ LEAGUE PROJECT ! Dumb Friends League. ...aRuw..a.�wp.y- society <°...,,,°..,... fIIICON VA�I�I Supporters humane �� CJ ORFOON OPEItAT10N HUMANE society,. NUMANE K NgS RESCUE {\ " Kentucky r °nanorte I spca SOCIETY AV, ALLIANCE cys,deWcifs;a°,:r® WISCONSIN I-�Lmia m°° °"` " ' ' Packet Pg. 400 9.3.e From: Gilginas, Jessica<Jessica.Gilginas@edmondswa.gov> Sent: Monday, April 1, 2024 11:34 AM To: Bennett, Michelle<michelle. ben nett@edmondswa.gov> Cc: Machado, David <David.Machado@edmondswa.gov>; Strum, Kraig <Kraig.Strum@edmondswa.gov> Subject: RE: Animal control perspective on banning backyard breeding in Edmonds Good Morning Ma'am, I appreciate Councilmember Nand inquiring about our input. Fortunately, we have experienced a decrease in breeders due to education and spay/neuter campaigns. We are still always in support of ways to increase our ability to enforce proper care of our animals. We hope that any breeding concerns are brought to our attention. To provide you with a more concise answer, I would be interested in how the term backyard breeder may be defined and details of the proposal. We currently utilize dog breeding codes (example of RCW 16.52.310) to ensure adequate care and responsible breeding. If the city were to adopt this, I would encourage a reduction in the number of animals that this RCW permits. This may be a good opportunity to tie-in an evaluation regarding the number of pets allowed in a single dwelling. ECC 5.05.015 permits up to five domesticated pets, rather it be five guinea pigs or five Great Danes (both of which we adore). However, there is a substantial size comparison in species, yet the limitations remain the same. Due to infrastructure development leading to decreasing sizes in property lots, I am not certain that increasing the number of pets is the best option. I would propose an alternative for Edmonds adopting kennel licensing requirements. This would also address breeders. Below are examples of such. Borrowing from Bothell's municipal code, license types may be: a. "Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed by code. b. "Hobby kennel" means a noncommercial kennel at or adjoining a private residence, where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials or for enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed by code. c. "Special hobby kennel license" means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in the city of Bothell Municipal Code. Several benefits, but certainly not to limited to, include: Packet Pg. 401 9.3.e • Requiring breeders to obtain a license. • Application process. • inspections by animal control. • Registration fees. • Greater accountability for the number of dogs and ownership through self -reporting. • Opportunity for the city to show options and support for responsible pet ownership. Again, I greatly appreciate animal control being able to provide input on this matter. I look forward to hearing more and am happy to answer any questions. Thank you. Respectfully, Jessi Gilginas I Senior Animal Control Officer Public Safety Building 250 5t" Ave. N I Edmonds WA 98020 425.771.0205 (office) 425.967.2549 (mobile) 1425.771.0208 (fax) Email address Jessica.Gilgina@edmondswa.gov www.edmondswa.gov/police I Facebook I Instagram Packet Pg. 402 9.3.f Ch. 6.12 Regulation of Animal Businesses, Facilities, and Services I Bothell Municipal Code Pagel of 3 6.12.115 Hobby kennel or hobby cattery - License required. A. It is unlawful for any person to keep and maintain any dog or cat within the city for the purposes of a hobby kennel or hobby cattery without annually obtaining a valid and subsisting license therefor. The fee for such annual license shall be assessed upon the owner or keeper of such animals and shall be as provided by resolution of the council. In addition, each animal shall be licensed individually under the pet licensing provisions of this title. B. Limitation on Number of Dogs and Cats Allowed. Any hobby kennel or hobby cattery license shall limit the total number of dogs and cats over six months of age kept by such hobby kennel or hobby cattery based on the following guidelines: Animal size; 2. Type and characteristics of the breed; 3. The amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more, the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres, and the maximum number shall not exceed five where the lot area is less than 35,000 square feet; 4. The facility specifications or dimensions in which the dogs and cats are to be maintained; 5. The zoning classification in which the hobby kennel or hobby cattery would be maintained. C. Requirements - Hobby Kennels and Hobby Catteries. 1. All open run areas shall be completely surrounded by a six-foot fence set back at least 20 feet from all property lines; provided, this requirement may be modified for hobby catteries as long as the open run area contains the cats and prohibits the entrance of children. For purposes of this section 'open run area" means that area, within the property lines of the premises on which the hobby kennel or hobby cattery is to be maintained, where the dogs and cats are sheltered or maintained. If there is no area set aside for sheltering or maintaining the dogs within the property lines of the premises the 20-foot setback does not apply. The property lines of premises not containing an open run area must be completely surrounded by a six-foot fence; 2. No commercial signs or other appearances advertising the hobby kennel or hobby cattery are permitted on the property except for the sale of the allowable offspring set forth in this section; 3. The director may require setback, additional setback, fencing, screening or soundproofing as the director deems necessary to ensure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining such compatibility are: a. Statements regarding approval or disapproval of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for; The Bothell Municipal Code is current through Ordinance 2414, passed February 6, 2024. Packet Pg. 403 9.3.f Ch. 6.12 Regulation of Animal Businesses, Facilities, and Services I Bothell Municipal Code Page 2 of 3 b. Past history of animal control complaints relating to the dogs and cats of the applicant at the address for which the hobby kennel or hobby cattery is applied for; Facility specifications and dimensions in which the dogs and cats are to be maintained; d. Animal size, type and characteristics of breed; e. The zoning classification of the premises on which the hobby kennel or hobby cattery is maintained; 4. The hobby kennel or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat; 5. Each dog and cat in the hobby kennel or hobby cattery shall have current and proper immunization from disease according to the dog's and cat's species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age. D. License Issuance and Maintenance. Only when the director is satisfied that the requirements of this chapter have been met may a hobby kennel or hobby cattery license be issued. The license will continue in full force throughout the license year unless, at any time, the hobby kennel or hobby cattery is maintained in such a manner as to: Exceed the number of dogs and cats allowed at the hobby kennel by the animal control section; or 2. Fail to comply with any of the requirements of this chapter. E. Special Hobby Kennel License. 1. Persons owning a total number of dogs and cats exceeding three who do not meet the requirements for a hobby kennel license may be eligible for a special hobby kennel license to be issued at no cost by the animal control authority which will allow them to retain the specific animals then in their possession; provided, that the following conditions are met: a. The applicant must apply for the special hobby kennel license and individual licenses for each dog and cat within 30 days of the date they are contacted by an animal control officer. b. The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise. c. The additional number of animals shall be based upon the land area of the subject property pursuant to the following schedule: (1) One additional animal may be allowed on any property; (2) Two additional animals may be allowed on properties between 9,600 square feet and 35,000 square feet; The Bothell Municipal Code is current through Ordinance 2414, passed February 6, 2024. Packet Pg. 404 9.3.f Ch. 6.12 Regulation of Animal Businesses, Facilities, and Services I Bothell Municipal Code Page 3 of 3 (3) Three additional animals may be allowed on properties 35,000 square feet and greater in area; and (4) No more than a total of six adult dogs or cats may be authorized under a special hobby kennel or cattery license. 2. The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the applicant at the time of issuance, and is intended to allow pet owners to possess animals beyond the limits imposed by code until such time as the death or transfer of such animals reduces the number possessed to the legal limit set forth by code. 3. The director of animal control may deny any applicant for a special hobby kennel license based on past Animal Control Code violations by the applicant's dogs and cats, or complaints from neighbors regarding the applicant's dogs and cats; or if the animal(s) is maintained in inhumane conditions. (Ord. 2140 § 2 (Exh. B), 2014; Ord. 1511 § 26, 1993). The Bothell Municipal Code is current through Ordinance 2414, passed February 6, 2024. Disclaimer: The city clerk's office has the official version of the Bothell Municipal Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.ci.bothell.wa.us Hosted by Code Publishing Company, A General Code Company. The Bothell Municipal Code is current through Ordinance 2414, passed February 6, 2024. Packet Pg. 405 Ch. 6.04Animal Control I Everett Municipal Code Page 1 of 5 9.3.g 6.04.070 Prohibited conduct. A. Offenses Relating to Safety and Sanitation. It is unlawful for any person to: 1. Allow, as an owner of an animal, the accumulation of animal feces in any open area, run, cage or yard and to fail to remove or dispose of feces at least once every twenty-four hours; 2. Fail to remove the fecal matter deposited by the person's animal on public or private property of another before the owner and/or animal leaves the immediate area where the fecal matter was deposited; 3. Fail to have in the person's possession the equipment necessary to remove the person's animal's fecal matter when accompanied by said animal on public property or public easement; 4. Have possession or control of any animal sick or afflicted with any infectious or contagious disease and fail to provide treatment for such disease, or suffer or permit such diseased or infected animal to run at large, or come in contact with other animals, or drink at any public or common watering trough or stream accessible to other animals. 5. Owners of duly licensed "working dogs" are exempted from subsections (A)(2) and (3) of this section B. Offenses Relating to Control. It shall be unlawful for any person to: Permit any animal to be at large. Exception: licensed domestic cats; 2. Permit a domestic cat to trespass upon the property of another in such a manner as to be a nuisance; 3. Permit an animal to be unattended on public premises, property or right-of-way except in those areas specifically designated to permit animals; animals must be confined to such restricted areas. Exception: licensed domestic cats, when not in conflict with subsection (B)(2) of this section; 4. Fail to keep every female dog or cat in heat confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding; 5. Be in possession of property and knowingly permit frequent, continuous or repetitive barking or noise made by any animal, which originates from the property, and which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors, except that such sounds made in animal shelters or veterinary hospitals in compliance with this chapter at the time of the effective date of the amendatory ordinance codified in this section shall be exempt from this subsection; 6. Permit any animal to damage public property or the private property of another; 7. Under circumstances not amounting to a criminal charge, and in addition to the restrictions of Chapter 6.08 EMC and Chapter 16.08 RCW, permit any animal to bite or attack a person or other animal without provocation. The Everett Municipal Code is current through Ordinance 4013-24, passed March 27, 2024. Packet Pg. 406 Ch. 6.04Animal Control I Everett Municipal Code Page 2 of 5 9.3.g C. Offenses Relating to Cruelty. It shall be unlawful for any person to: 1. Abandon an animal by intentionally, knowingly, recklessly or with criminal negligence leaving a domesticated animal at a location without providing for the animal's continued care. It is no defense to abandonment to abandon an animal at or near an animal shelter, veterinary clinic or other place of shelter if reasonable arrangements for the care of the animal were not made by the person abandoning the animal; 2. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, fail to provide an animal with minimum care as defined in EMC 6.04.020; 3. Leave an animal unattended for more than twenty-four consecutive hours; 4. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, or animal fighting as defined in RCW 16.52.117, beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal; 5. Give away any live animal as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement; or offer such animals as an incentive to enter any business agreement whereby the offer was for the purpose of attracting trade. Violation of this subsection shall be a misdemeanor, punishable in accordance with subsection (F) of this section; 6. Fail, as the operator of a motor vehicle which strikes a domestic animal, to stop at once and render such assistance as may be possible and fail to immediately report such injury or death to the animal's owner; in the event that the owner cannot be ascertained and located, such operator shall at once report the accident to the Everett animal control or the Everett police department; 7. Lay out or expose any kind of poison or leave exposed any poisoned food or drink for animals, or any substance or fluid whatever, whereon or wherein there is or shall be deposited or mingled, any kind of poison or poisonous or deadly substance or fluid whatsoever, on the premises of another, or in any unenclosed place, or to aid or abet any person in so doing. Exception: This does not apply to the reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for their intended purposes; 8. Permit an animal exhibition or circus to perform in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering; 9. Reserved. 10. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, confine an animal within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including but not limited to extreme temperatures, lack of food or water, or confinement with a dangerous animal. Any animal control or peace officer is authorized to remove any animal from a motor vehicle, at any location, when the officer reasonably believes it is confined in such conditions as described above. Any animal so removed shall be delivered to the animal control shelter after The Everett Municipal Code is current through Ordinance 4013-24, passed March 27, 2024. Packet Pg. 407 Ch. 6.04Animal Control I Everett Municipal Code Page 3 of 5 9.3.g the removing officer leaves written notice of such removal and delivery, including the officer's name, in a conspicuous, secure location on or within the vehicle; 11. Tease, tantalize or provoke any animal with the intent to cause fear or anger; 12. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, keep any animal in such a manner or in such a place as to cause injury or pain or to endanger an animal, including reckless exposure to hazardous objects or substances, including but not limited to drugs such as fentanyl, methamphetamine, and heroin, or unsanitary and unhealthy environments; 13. Tether or confine an animal in such a manner that it can become entangled so that it cannot move freely, cannot reach shelter or water, or such that it can become entangled with another animal; the area where the animal is kept must be free of extraneous material that may cause it injury or illness (such as, but not limited to, glass, sharp metal, nails, etc.). Tether must be a minimum length of three times the length of the animal as measured from the tip of its nose to the base of its tail; 14. Transport an animal in or on a vehicle in such manner that it can exit the vehicle while it is in motion. The animal must be contained or secured in a manner so as to prevent the possibility of an inadvertent exit by the animal from the vehicle. It is further unlawful for any person to transport any living animal on the running board, fenders, hood, unrestrained in a convertible, in an unenclosed bed of a pickup or flatbed truck, or other outside part of any vehicle unless suitable harness, cage or enclosure is provided and so attached as to protect the animal from falling or being thrown therefrom; 15. Set out any traps in the city unless approved by animal control; except that this shall not apply to the reasonable use of rodent, insect, or slug traps for their intended purposes; 16. Except as provided in this subsection, cut off more than one-half of the ear or ears of any domestic animal or cut off any part of the ear of a dog, devocalize a dog, or crop or cut off any part of the tail of a dog. Violation of this subsection shall be a misdemeanor, punishable in accordance with subsection (F) of this section. This section does not apply if the person performing the procedure is a licensed veterinarian utilizing accepted veterinary surgical protocols. D. A retail pet store may not sell or offer for sale any dog, cat, or rabbit. A retail pet store may provide space and appropriate care for animals owned by a publicly operated animal control agency or nonprofit animal welfare organization for the purpose of adopting spayed or neutered dogs, cats or rabbits to the public. Violation of this subsection by any person or corporation shall be an infraction, punishable by a fine of not more than two hundred fifty dollars per animal per day. E. Offenses Relating to Misrepresenting an Animal as a Service Animal. It shall be unlawful for any person to: It shall be an infraction punishable by a fine of not more than two hundred fifty dollars for any person to misrepresent an animal as a service animal. A violation of this section occurs when a person: The Everett Municipal Code is current through Ordinance 4013-24, passed March 27, 2024. Packet Pg. 408 Ch. 6.04Animal Control I Everett Municipal Code Page 4 of 5 9.3.g a. Expressly or impliedly represents that an animal is a service animal as defined in EMC 6.04.020 for the purpose of securing the rights or privileges afforded disabled persons accompanied by service animals set forth in this code, state or federal law; and b. Knew or should have known that the animal in question did not meet the definition of a service animal. 2, a. An animal control officer or police officer may investigate and enforce this section by making an inquiry of the person accompanied by the animal in question and issuing an infraction. Refusal to answer the questions allowable under subsection (E)(2)(b) of this section shall create a presumption that the animal is not a service animal, and the officer may issue an infraction and require the person to remove the animal from the place of public accommodation. b. An animal control officer or police officer or place of public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. An officer or place of public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. An officer or place of public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, or require that the service animal demonstrate its task. Generally, an officer or place of public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for a person with a disability, such as a dog is observed guiding a person who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to a person with an observable mobility disability. Unless otherwise provided, violation of any provision of subsection (C) of this section shall constitute a gross misdemeanor, punishable by up to three hundred sixty-four days of jail and a five thousand dollar fine. The sentence imposed for a misdemeanor or gross misdemeanor violation of subsection (C) of this section shall be in accordance with RCW 16.52.200, which is incorporated herein by reference as currently enacted or later amended, except as follows: The civil penalties under RCW 16.52.200(7) and (8) for convictions under subsection (C) of this section shall be payable to the Everett animal control's EMC 3.04.130 cumulative reserve fund for animal control. (Ord. 3984-23 § 2, 2023; Ord. 3903-22 § 4, 2022; Ord. 3236-11 § 9, 2011; Ord. 2873-05 § 1, 2005; Ord. 2394-99 § 6, 1999; Ord. 2091-95 § 1, 1995; Ord. 1810-91 § 7, 1991.) The Everett Municipal Code is current through Ordinance 4013-24, passed March 27, 2024. Packet Pg. 409 Ch. 6.04Animal Control I Everett Municipal Code Page 5 of 5 9.3.g The Everett Municipal Code is current through Ordinance 4013-24, passed March 27, 2024. Disclaimer: The City Clerk's Office has the official version of the Everett Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: www.everettwa.gov Hosted by Code Publishing Company, A General Code Company. The Everett Municipal Code is current through Ordinance 4013-24, passed March 27, 2024. Packet Pg. 410 9.3.h 05/14/24 PSPHSP Committee Minutes, Page 4 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 o 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. 411 9.3.i Progressive Animal Welfare Society 15305 44th Ave W t: 425.7872500 PO Box 1037 f: 425.742.5711 Lynnwood, WA 98046 www.pa,ws.org PAWS Endorses Ban on Backyard Breeders and Private Sale of Bred Animals Since 1967, the Progressive Animal Welfare Society (PAWS) has been at the forefront of animal welfare, promoting spay and neuter programs to reduce stray populations and finding homes for over 150,000 forgotten and neglected cats and dogs. We firmly endorse the ban on backyard breeders and the private sale of bred animals. Animal shelters across the USA are filling up like never before. According to the ASPCA, nearly 6.3 million companion animals enter U.S. shelters every year, and the Humane Society of the United States reports that overpopulation in shelters leads to the euthanasia of approximately 1 million dogs and cats annually who are otherwise healthy and adoptable. The obtainability of bred cats and dogs exacerbates the already high population of available animals, negatively impacting adoption rates at PAWS and other area shelters. PAWS Companion Animal Shelter, like many others, is frequently at or near capacity. This month, PAWS waived adoption fees for dogs to make room for the increasing number of strays and surrendered animals. By supporting the ban on backyard breeders and the private sale of bred animals in Edmonds, our community can reduce animal suffering and help ensure more homeless animals find loving homes, reducing the substantial strain on animal shelters locally and nationwide. Sincerely, PAWS Leadership yeoy4e h pi y aifima4s Packet Pg. 412 9.3.j Hello, My name is Sabrina Connaughton. I am an Edmonds resident of almost 18 years, and spent approximately 15 years as a full time volunteer and advocate for animal rescue and welfare. I fully support a backyard breeding ban in Edmonds and unincorporated areas of Edmonds. I have seen firsthand the disregard for animal health and welfare in relation to backyard breeding, and have a rescued puppy mill dog as part of my family. She has had lifelong health issues due to her early lack of care and poor environmental conditions. I am not sure if any of the other puppies survived, as I was originally supposed to pick up two puppies, but one passed away before I could get there. I ended up picking up my puppy at five weeks old because the other one had passed away the night before. I was able to purchase her mother a few months later, but after having three litters since her first heat back to back, she passed away after complications from her spay surgery at just over two years old. That breeder committed other crimes, was convicted of many counts of horse neglect, and is currently in an Oregon jail. She never faced charges for her puppy mill operation. In my opinion, there is no regard for the health of the animals that are being used to produce offspring for sale. Many times the animals are held in poor conditions, do not have adequate medical care, socialization, or an environment that is supportive of a quality of life. Because many of these animals lack proper care and socialization, they are also, in my experience, prone to being fearful, and unfortunately, potentially aggressive. With the number of pets seeking homes in shelters and rescues, it is irresponsible to add to the population of companion animals for the purpose of greed, and potentially burdening the buyer with sick or unhealthy animals because they did not receive adequate care prior to being sold. I believe our city can take a positive step towards animal welfare by banning backyard breeding and the sale of companion animals from private parties. It would be a step forward showing that the city of Edmonds cares about our companion animals and supports the efforts of local shelters and rescue organizations. It is a step forward to emphasize the importance of responsible pet ownership, compassion towards animal welfare, and supporting those organizations in our community who are working so hard to help companion animals get the care, services, and placement into homes who can properly care for them. Thank you for your consideration and support, Sabrina Connaughton Packet Pg. 413