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2024-08-06 Council Packet1 2. of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 AUGUST 6, 2024, 7:00 PM REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. TO ATTEND VIRTUALLY, CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 BY PHONE: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. 3. ROLL CALL 4 S. 6 7 8. PRESENTATION 1. Mayor's Finance Update (10 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. Written Public Comments (0 min) APPROVAL OF THE CONSENT AGENDA Edmonds City Council Agenda August 6, 2024 Page 1 1. Approval of Committee Meeting Minutes July 16, 2024 2. Approval of Council Special Meeting Minutes July 23, 2024 3. Approval of Council Meeting Minutes July 23, 2024 4. Approval of payroll and benefit checks, direct deposit and wire payments. 5. Approval of claim checks and wire payments. 6. Carbon Recovery Project - Amendment #3 Parametrix PSA 7. ILA between PD and UW 8. Mountlake Terrace ILA 9. Legal Assessment Committee Evaluation and Recommendation of City Prosecutor in 2024 9. COUNCIL BUSINESS 1. Private Rezone Request at 9514 228th St SW (PLN2024-0032) (45 min) 2. Financial Policies (40 min) 3. Green Building Incentives Draft Code Amendment Introduction (30 min) 4. ERP Contract (20 min) 10. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(1) 11. RECONVENE IN OPEN SESSION 12. COUNCIL COMMENTS 13. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda August 6, 2024 Page 2 4.1 City Council Agenda Item Meeting Date: 08/6/2024 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 7.1 City Council Agenda Item Meeting Date: 08/6/2024 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 17, 2024 and July 31, 2024. Attachments: Public Comment August 6, 2024 Packet Pg. 4 7.1.a Edmonds City Council Public Comments —August 6, 2024 Online Form 2024-07-18 03:17 PM(MST) was submitted by Guest on 7/18/2024 6:17:08 PM (GMT- 07:00) US/Arizona FirstName Val LastName Arvon Email CityOfResidence Edmonds AgendaTopic QFC closure 100th Ave W Comments Hi, I don't know if you heard that the Edmonds 100th Ave and Richmond Beach QFC closures have been proposed by Kroger. I ask the Edmonds City council to fight hard for this store, and maybe join forces with Richmond Beach and Woodway to save both and to have more influence and make more noise. Losing our neighborhood store would be not good for the Edmonds Bowl. It is so important for the community! Reasons: - We already lost our other neighborhood store when Ace bought it. Ace has a little food, but it is mostly "junk food" of candy, single use beverages, crackers, chips, etc. Very little to cook your own meal from. - I live in walking distance of QFC and quite often walk there, and end up shopping at the other nearby businesses as a result. - The QFC pharmacy is very fast and helpful. The head pharmacist is super. - Although I love PCC, underline and exclamation point, not everyone in our community can afford to shop there, and selection of some items is very limited. Having both stores close together is very convenient... adding multiple weekly extra drives out of the bowl for everyone who feels the same way will greatly increase the traffic on our few feeder streets, which have already exploded in volume in the past year. - 100th Ave W is so busy with traffic, those of us coming from the bowl often find it easier not to have to cross the street to get to PCC. All of you have probably experienced this. If not, I challenge you to spend a few afternoons at that intersection observing. For disabled and elderly folks in our community I suspect they take this under consideration when they come out to shop. Traffic is very stressful and if you can sneak in with a right turn off of 100th Ave and sneak out with a right turn onto Edmonds Way, life is good. - The QFC in the recent past maybe was not as busy, which could be the financials Kroger is using to decide to close it. In the last six months though, it has positively exploded. The parking lot is absolutely packed during the day, with people circling for a parking spot. It is still a small store for the financial sheet penny pinchers at Kroger, but we need it!! - Bartell's pharmacy has sadly gone very downhill since the Rite Aid closure. A separate plea for city council help could be to contact Rite Aid and demand they keep that whole store stocked. It was once our proud locally owned pharmacy. I won't go to Walgreen's because I blame them for dragging Bartells into reorg, and for taking the property that had our local bowling alley on it, which was well loved and a busy place. Please stop letting Edmonds be a play thing for these humongous corporations that do not have our best needs in mind, only more profit for owners and stockholders. m E E 0 U 3 a c d e Packet Pg. 5 7.1.a Edmonds City Council Public Comments —August 6, 2024 Online Form 2024-07-23 06:00 AM(MST) was submitted by Guest on 7/23/2024 9:00:21 AM (GMT- 07:00) US/Arizona FirstName Luke LastName Distelhorst Email CityOfResidence Edmonds AgendaTopic Homelessness Fund Comments Please do not put these funds into the General Fund. These are earmarked for those in our community who need the most support from our local government services. Social and human services are severely underfunded across our region and every dollar, from every jurisdiction, is essential. Thank you Online Form 2024-07-23 07:22 AM(MST) was submitted by Guest on 7/23/2024 10:22:27 AM (GMT- 07:00) US/Arizona FirstName Margaret LastName Elwood Email CityOfResidence Edmonds AgendaTopic Bike Lanes on Main Street Comments Narrowing the lane for cars traveling uphill on Main would not significantly impact travel time for those few blocks. Slower vehicular speed and addition of bike lanes has been shown again and again to increase revenues for local businesses. (Read "Bikenomics", by Elly Blue.) Building more safe routes for bicycles encourages families to get out of their cars and go by bike, which is increasingly important in the face of the climate crisis. Before there were cars here, many roads in this region were built because bicyclists needed them to get where they were going. (Read "Bicycling Uphill in the Rain", by Tom Fuculoro.) Putting in bike lanes moves us forward into a safer and healthier future for all. Packet Pg. 6 7.1.a Edmonds City Council Public Comments —August 6, 2024 Online Form 2024-07-24 11:00 AM(MST) was submitted by Guest on 7/24/2024 2:00:41 PM (GMT- 07:00) US/Arizona FirstName Richard LastName Jenulis Email CityOfResidence Lynnwood AgendaTopic Information Request?? Comments Hello, My name is Richard Jenulis, and I work for a nonprofit organization, Greenheart Exchange, that helps bring exchange students to the US. I would LOVE to give the City of Edmonds a $1,000+ donation. Greenheart Exchange will donate a $1,000 visa gift card for each successful host family referral. This means that your booster clubs, sports teams, band, or general fundraising, can earn multiple thousands of dollars by referring multiple families who host! All you really need to do is share this information with your families. I bet you will find some interest as many, many families have hosted previously and there is a current demand in the area for families that are looking for schools still open to accepting students. I'd be happy to tell you more about this offer, our organization or hosting an exchange student. It really is very simple, and I hope to be able to send your organization $1,000! Thank you for your consideration, I hope to hear from you soon. Richard Jenulis Text my cell phone at: Packet Pg. 7 8.1 City Council Agenda Item Meeting Date: 08/6/2024 Approval of Committee Meeting Minutes July 16, 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: 2024-07-16 Council PPW Minutes 2024-07-16 Council PSPHSP Minutes 2024-07-16 Council FIN Minutes Packet Pg. 8 8.1.a PARKS & PUBLIC WORKS COMMITTEE MEETING July 16, 2024 Elected Officials Present Staff Present Councilmember Susan Paine (Chair) Rob English, Acting Public Works Director Councilmember Michelle Dotsch Shannon Burley, Deputy Parks, Rec. & Human Serv. Dir. Council President Olson (ex-officio) Sharon Cates, City Attorney's Office Kyle Woods, Planner & Capital Project Manager Ross Hahn, WWTP Manager Scott Passey, City Clerk CALL TO ORDER The Edmonds City Council PPW Committee meeting was called to order virtually and in the City Council Conference Room, 121 — 51h Avenue North, Edmonds, at 1:30 pm by Councilmember Paine. An agenda item regarding a Settlement Agreement with New Cingular Wireless PCS, LLC at Five Corners was added to the agenda. 2. COMMITTEE BUSINESS 1. Car Show & Oktoberfest Event Agreements Ms. Burley explained all event agreements are routed through City departments including streets, police, fire, risk management and legal. The council has previously authorized agreements for Spring Fest, Summer Market, Arts Festival, 4th of July and Taste Edmonds; these are the final two agreements for 2024. The car show has been in downtown Edmonds for over 20 years in nearly the same footprint. In a meeting with the police department and Chamber to discuss load -in and other challenges, slight tweaks were made including creating a new detour route to Ace Hardware. The event organizers also enhanced the experience near Centennial Plaza to include music and an active space. This is a one day event, Sunday, September 8. Oktoberfest is the Rotary Club's primary fundraiser. The event is moving from Frances Anderson Center to Civic so no road closures are required; space is reserved for ADA parking and dumpsters. The event agreement has been reviewed by the appropriate departments. The event is free and open to the public with the exception of the beer garden which has a paid entrance fee, the fundraising portion of the event. This is a two day event, Friday & Saturday, September 13 and 14. Questions and discussion followed regarding the location of portable restrooms for Oktoberfest, review by risk management related to insurance coverage, and concern South County Fire was not listed as a participating fire agency. Committee recommendation: Consent Agenda New Item: Settlement Agreement with New Cingular Wireless PCS, LLC Councilmember Paine read the narrative on the agenda memo, "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 Packet Pg. 9 8.1.a 07/16/24 PPW Committee Minutes, Page 2 resolution, subject to city council approval." She explained the council has had an executive session regarding this item. Committee recommendation: Consent Agenda 2. Mathay Ballinger Park Improvements Construction Contract Approval Mr. Woods explained this is a request for approval to execute the contract for Phase 2 Mathay Ballinger Park Improvements project. Phase 1 added a flushing restroom which was delivered on June 21; inspection and utilities are being finalized and it is hoped the restroom will be open soon. Phase 1 also included water service and sewer hookup. Phase 2 will add an accessible pathway from the parking lot to the playground and connected to the Interurban Trail spur as well as benches, picnic tables, and base for a shade structure. The contractor for Phase 1 will also construct Phase 2. The project is funded by REET and does not impact the General Fund. The contract has been reviewed by Ms. Cates. Questions and discussion followed regarding addition of the Mee property to this park, acquisition paid for by Snohomish County Conservation Futures Grant which does not allow structures and requires the property remain open space, the City's experience with this contractor, and funding for demolition of structures on the Mee property. Committee recommendation: Consent Agenda 3. Report on Construction Bids for the Main Street Overlay Project Mr. English explained this is the portion of the Main Street overlay project from 6th Avenue to 8th Avenue. Bids were advertised in June and opened on July 9. The City received two bids, Taylor's Excavators and Road Construction NW. Taylor's Construction was the lower bidder at $1,331,275. The engineer's estimate was $1,202,550; bids were approximately 10% higher which was not unexpected given the time of year and the delay for approval from WSDOT. Staff's review of the bid documents discovered an issue with the disadvantaged business enterprise (DBE) documents. WSDOT requires a 16% DBE contractor participation; Taylor's Excavators compliance is under review and an answer is expected in a few days. If WSDOT finds their DBE documents unacceptable, staff will recommend rejection of bids at next week's council meeting and readvertise in August. If WSDOT finds the DBE documents acceptable, staff will likely recommend moving forward with the project. Questions and discussion followed regarding concern with the design of the bike lane, no official action taken by council to change the bike lane design, locally funded overlay from 8th to 9th with an uphill bike lane, concern with safety due to centerlines not matching up where bike lanes end and a suggestion to bring that back to council, purpose of the bike lane to meet Complete Streets and provide safety for bicycles, when WSDOT will provide a decision regarding the DBE documents, staff emailing or scheduling a special PPW Committee meeting to discuss whether to proceed, not proceeding with other bidder due to the amount of their bid, bike lane options, having further discussion with full council about the bike lane, and additional funding required for the project as the low bid exceeds the engineer's estimate. Committee recommendation: Approval/rejection of bid when WSDOT provides decision and discussion about bike lane at full council. 4. Presentation of Haul Route Agreement for Meadowdale Beach Park Estuary Restoration Protect Mr. English explained this is an arrangement put in place by the City and Snohomish County in 2021 related to the Meadowdale Beach Park Estuary Restoration Project. At the start of the project 2,700 truck trips were estimated to be generated on the haul route through Edmonds into Lynnwood and to I - Packet Pg. 10 8.1.a 07/16/24 PPW Committee Minutes, Page 3 5. The arrangement included a pre and post haul survey to determine damage caused to City streets by the repetitive truck trips. Snohomish County and the City agreed to hire IMS, a pavement management and condition consultant, to evaluate the pavement. The PCI prior to the project was of 87 (0-100 scale), and 80 at the conclusion of project late last year. IMS's model forecast the PCI without the truck trips to be 85. Using that information, IMS generated a cost of approximately $142,000 as payment for damages. Snohomish County has agreed to this agreement. Questions and discussion followed regarding what PCI triggers rehab of a street, appreciation for the pre and post assessment, support for allocating funds to rehab that roadway, and the PCI rating of other City streets. Committee recommendation: Consent Agenda 5. Presentation of Professional Services Agreement for the Edmonds Marsh Estuary Planning Study Mr. English explained the agreement for the $135,000 grant with the National Fish & Wildlife Foundation was approved by council in March. An RFQ was issued to select a consultant for the study; three firms responded, Blue Coast Engineering, Herrera and Shannon & Wilson. The selection panel chose Blue Coast Engineering based on their qualifications and experience. The agreement with the scope and fee is included in the packet. The scope contains three primary tasks 1) hydrologic evaluation and modeling, 2) contamination impact analysis, and 3) planning and public outreach/engagement. Task 4 provides project management activities for the duration of the project. 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). The estimated total project cost is $226,000 including staff time; the citizen advisory group assisting with this effort. Questions and discussion followed regarding a meeting regarding the site in August that has been canceled, concern with proceeding with this study without information about contamination from Ecology and Unocal, timeframe to spend the grant funds or request an extension, support for proceeding with this study, the consultant providing a presentation to council, additional cost of a presentation to council, and the match provided by the Marsh Restoration Fund. Committee recommendation: Consent Agenda 6. Carbon Recovery Project - Amendment #3 Parametrix PSA Mr. Hahn explained, like HKA, Parametrix is a critical contractor in the carbon recovery project. This contract is not part of the contract for the carbon recovery project and is funded by the City. Due to the length of the carbon recovery project, the expiration date of this contract needs to be extended from June 30, 2024 to June 30, 2025 and $25,000 added to the funding which hopefully will get the project to completion. (Two previous contract amendments extended the original completion date of August 31, 2022.) There is $30,000 remaining in the budget for this PSA; Parametrix forecasts it will require approximately $50,000-$55,000 total for the remaining portion of programming and instrumentation and controls work necessary to complete the project. Discussion followed regarding cost sharing by the City and its partners, and upgrading the SCADA system. Committee recommendation: Consent Agenda 3. ADJOURNMENT The meeting was adjourned at 2:36 pm. Packet Pg. 11 8.1.b PUBLIC SAFETY, PLANNING, HUMAN SERVICES & PERSONNEL COMMITTEE MEETING July 16, 2024 Elected Officials Present Staff Present Councilmember Chris Eck Michelle Bennett, Police Chief Council President Vivian Olson(ex-officio) Susan McLaughlin, Planning & Dev. Dir. Jessica Neill Hoyson, HR Director Elected Officials Absent Leif Bjorback, Building Official Councilmember Neil Tibbott (Chair) Emily Wagener, Senior HR Analyst Scott Passey, City Clerk 1. CALL TO ORDER The Edmonds City Council PSPHSP Committee meeting was called to order virtually and in the City Council Conference Room, 121 — 511 Avenue North, Edmonds, at 3:29 pm by Councilmember Eck. COMMITTEE BUSINESS 1. Committee Updates b. Comprehensive Plan — Planning/Director McLaughlin Ms. McLaughlin explained the intent of this update is to keep council apprised of progress. She reviewed: • Staff and the consultant team are reviewing draft edited versions of the goal and policies o Draft Housing and Land Use elements are being discussed with the planning board via two subcommittees who will report to the full planning board at their July 24 meeting o Staff has not completed their review of the Housing and Land Use elements o Final revisions will be made to the Housing and Land Use elements prior to inclusion in the consolidated plan • Staff and the consultant team are conducting a second round of internal review of the Community Design, Sustainability and Capital Facilities elements • Staff and consultant team met with the mayor last week to discuss his preference and priorities for the CFP. Staff will be coordinating with directors and departments to ensure goals and policies are up-to-date and in alignment with the mayor's direction • Staff is working with the Alliance for Housing Affordability (AHA) to review the City's existing MFTE program to ensure alignment with best practices and looking for gaps or opportunities to update the policy • DEIS will be available shortly. Herrera, a subconsultant of VIA, will submit preliminary impacts and mitigation measures for internal review o Tentatively scheduled for planning board review next week • Staff hosted an HB 1110 middle housing webinar o Available online on Everyone Edmonds webpage • Online open house on the draft Waterfront Vision and goals and policies in early/mid-August • Online open house regarding the DEIS and the draft plan elements will be launched at the end of August. A 20-day comment period is required; it will likely be open for a minimum 30 days • Once the DEIS is published, staff plans to host a webinar to review each section and explain the findings • Staff discussed the comprehensive plan with the Historic Preservation Commission • Staff presented the Community Design Element to the Architectural Design Board (ADB) who was not happy with it. Due to staffing changes, the element was not ready to be presented. Packet Pg. 12 8.1.b 07/16/24 PSPHSP Committee Minutes, Page 2 A joint planning board/city council study session is proposed on August 6 to discuss the preliminary DEIS impacts and the planning board's recommendation on the Housing and Land Use elements. Materials will be provided in advance. Questions and discussion followed regarding the required 20-day comment period for the DEIS that the City plans to have open for a minimum of 30 days, appreciation for scheduling a joint planning board/city council study session, information provided to the ADB prematurely, creation of neighborhood area framework in the Community Design element, and support for a subarea approach. a. CEMP Update — Police/Chief Bennett Chief Bennett explained the draft CEMP was sent out to all department directors; once their review and edits are complete, it will be returned to her and then sent to the consultant who will include proposed edits. Once the consultant completes the edits, the plan goes to the state for review and approval and will be scheduled for council review and approval in August/September. With regard to the Hazard Mitigation Plan, without a current, approved plan the City is only eligible for reimbursement of initial costs instead of full cost recovery from a disaster. Snohomish County's Department of Emergency Management asked the City to sign onto their Hazard Mitigation Plan and the City provided a letter of intent. Chief Bennett continued, a meeting will be held with staff at the end of July to provide an update on the Hazard Mitigation Plan and CEMP. The City is also able to utilize Snohomish County's RAVE (communications) system. Community Emergency Response Team (CERT) training will be available this fall and spring through South County Fire. Commander Machado will attend an upcoming meeting of amateur radio operators. Questions and discussion followed regarding having the municipal court provide feedback on the CEMP, appreciation for collaboration with Snohomish County, and appreciation for Chief Bennett's time and effort to update of the CEMP. Council President Olson volunteered to assist as needed. 2. Reorg of Admin Services - Finance Director Job Description Ms. Neill Hoyson observed Mayor Rosen has communicated to council his intent to reorganize the Administrative Services Department with the departure of the director. His proposal is to change the department back to the Finance Department and have a finance director that focuses on finance, and have IT, the clerk's office and records functions report to the mayor. The previous finance director job description, before it was changed to administrative services director, was amended to incorporate current language and reviewed by the mayor, deputy director and Mike Bailey. There is no change to the compensation, it is the same range as other directors. Questions and discussion followed regarding support for looking at the reporting structure when a vacancy occurs, this change making it easier hire someone who is an expert in finances, how the finance director job description was created, difference between a finance director and an administrative services director, updating the authorized position ordinance to remove administrative services director and add finance director, and the proposed pay range for a finance director. Committee recommendation: Consent Agenda 3. Resolution to Authorize Mayor to Approve Shared Leave Beyond Personnel Policies Ms. Neill Hoyson explained the City currently has a shared leave policy which allows employees to donate leave to other employees when their or a family member's illness/injury would cause them to go into unpaid status. When that occurs, employees are notified and employees can choose to donate their Packet Pg. 13 8.1.b 07/16/24 PSPHSP Committee Minutes, Page 3 leave to the affected employee. Situations have arisen recently where limited term employees without a lot of leave or employees in a partner relationship had a family emergency or death in the family that did not fit the parameters of the shared leave policy. This is a request to give the mayor latitude to approve one-off situations related to donation of leave. There is no cost to the City. Questions and discussion followed regarding whether domestic partnerships are addressed in City's bereavement policy, plans to propose changes to the shared leave program as part of next year's update to personnel policies manual, and Washington State no longer recognizing domestic partnerships unless one of the partners is over 60 years of age. Committee recommendation: Consent Agenda 4. New Job Description for Permitting Program Manager Mr. Bjorback explained in 2021 the building division recognized the need for a new job description, permitting supervisor, to oversee the permit coordinator team. After the job description was approved and implemented and filled with an existing staff person, it was realized the new supervisor position needed to perform union work. After consulting with the union, it was agreed to revert the position to a union represented lead position. A new job description, permitting program manager, was created and the position is already recognized in the current union contract. Functionally it will not be a lot different for the team other than removing true supervisor functionality such as hiring/firing, job evaluations, etc. from the position. Ms. Wagener relayed the City and union agreed the position would continue to be paid at the existing non -rep supervisory pay grade and appropriate placement on the AFSCME schedule negotiated in the upcoming negotiations. Questions and discussion followed regarding recognition of everyone involved in making this change and updating the authorized position ordinance. Committee recommendation: Consent Agenda 5. Council Rules of Procedure Sections 4 & 5 Consent Agenda and Council Meetings Council President Olson explained the intent of reviewing existing Council Rules of Procedure is to document how the council does business. Councilmember Eck read revised language proposed by Council President Olson for Section 4.1, The Mayo- Council President, in consultation with the Ceundl President.Mayor, shall place matters on the Consent Agenda which...". Committee recommendation: Consent Agenda with revised language 3. ADJOURN The meeting was adjourned at 4:20 pm. Packet Pg. 14 8.1.c FINANCE COMMITTEE MEETING July 16, 2024 Elected Officials Present Staff Present Councilmember Will Chen (Chair) Kim Dunscombe, Deputy Admin. Serv. Director Councilmember Jenna Nand Leif Bjorback, Building Official Council President Vivian Olson (ex-officio) Brian Tuley, Information Services Manager Mayor Mike Rosen Scott Passey, City Clerk CALL TO ORDER The Edmonds City Council Finance Committee meeting was called to order virtually and in the City Council Conference Room, 121 — 5` Avenue North, Edmonds, at 5:30 pm by Councilmember Chen. 2. COMMITTEE BUSINESS 1. Mountlake Terrace ILA Mr. Tuley relayed the RCW allows municipalities to piggyback on other municipalities' existing contracts. Mountlake Terrace would like to implement the software Edmonds uses for public records requests. Committee recommendation: Consent Agenda 2. ERP Contract Finance Committee Review Mr. Tuley explained the City has been using a Tyler Technologies product, Eden, for over 20 years; Munis is their latest product, a cloud based ERP accounting system. The reason for the change is Tyler notified the City that will reach end of life in 2027, leaving the City 3 years to get something else in place. In polling the membership of the Association of County and City Information Systems (ACCIS) of which Edmonds is 1 of the 150 members, 7 accounting packages tended to be the market leaders. A process of elimination identified Tyler which over 150 municipalities run and they have a great deal of experience migrating from Eden to Munis. Munis is software as a service (SAS) which is cloud based and eliminates "under the hood" issues such as server maintenance, operating system patching, computer room AC, etc. Moving from the legacy package to the new package is an update, but because it is the same company and the same thinking, workflows are similar same, it is compatible with the utility billing software, it provides more bells whistles that the City's current software does not have such as electronic timesheets, and it has the potential for creating public -facing dashboards. Questions and discussion followed regarding incorporation of Al into the ERP and whether Edmonds' data will be aggregated into Tyler's data sets and whether there are firewalls for non-public information, number of users and amount of memory covered by contract, cost based on the number of modules, migration of five years of data, length of the contract, cost of migration, January 1, 2025 contract start date, 26-36 month implementation, period of time when dual systems will be running, Tyler's support of Eden during Munis implementation, and electronic legacy data. Committee recommendation: Short presentation at full council 3. Surplus Equipment Ms. Dunscombe relayed every year a list of surplus items is presented; these items were approved for surplus last year. Questions and discussion followed regarding a correction to remove the $2M fishing Packet Pg. 15 8.1.c 07/16/24 Finance Committee Minutes, Page 2 pier, surplusing the library book drop, the City's responsibility for fishing pier maintenance, depreciation, and the list of City fixed assets. Committee recommendation: Consent Agenda 4. Opioid Participation Form Ms. Dunscombe explained 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. As new settlements arise, to participate in and be eligible to receive compensation under the Settlement Agreement, the City must complete and submit a new Settlement Participation Form. This approval is related to a new nationwide settlement agreement with Kroger Co. Discussion followed regarding encouraging the administration to create a 2025 budget item to use these funds in a manner related to the opioid response. Committee recommendation: Consent Agenda 5. Financial Policies Ms. Dunscombe advised the changes to the policies were the result of input at the May Finance Committee and have been reviewed by Mike Bailey. Questions and discussion followed regarding whether the fund reserve policy was too high, lowering the total reserve to 16 or 12% and using funds for services, support for a 20% total reserve, concern with lowering reserves depending on the financial situation, replenishing reserves, other cities' reserve levels, GFOA's best practices related to operating reserves (two months of General Fund expenditures), making a decision regarding the reserve for the next biennium and having a more thorough process in an off -budget year, analyzing how lowering the reserves would impact the City's Standard & Poor rating, timeline for notifying council of utilization of fund balance or reserves, benefits of improved reporting, timing of the receipt of property taxes, and the water utility fund and sewer/wastewater treatment plant fund reserve. Questions and discussion followed regarding comparing utility fund reserves in other cities, adding a reserve level for the storm utility fund to the policy, notification/discussion when an interfund loan occurs, council notification when an interfund loan affects the CIP, the City's municipal advisor, Long Range Financial Strategy, incorporating a plan for replenishing reserves to policy mandated levels into the Long Range Financial Strategy, current policy related to reserves, the mayor providing a replenishment plan within 60 days of any use of fund balances or reserves, replenishing reserves versus providing services, ability to suspend the policy related to the timeline for providing a replenishment plan, recognizing increased maintenance in the cost of projects, the need to approve financial policies before the budget process begins, and options for full council review. Committee recommendation: Received for Filing with agenda memo encouraging council to review for future council consideration. 6. June 2024 Quarterly Financial Report It was the consensus of the committee to extend the meeting until 8:00 pm. Ms. Dunscombe referred to General Fund highlights in the report, highlighting the following: • Transportation Benefit District license fee increased from $20 to $40. That revenue in the Street Fund increased from $327,000 in 2023 to $509,000 in 2024, an increase of $182,000 or 55%. Packet Pg. 16 8.1.c 07/16/24 Finance Committee Minutes, Page 3 • Although it appears revenue is up current year compared to prior year on the Month Revenue Summary -General Fund graph (packet page 171), highlights in the report identify concerns with General Fund revenue at the end of 2024 • Although the Monthly Revenue Summary -Sales Tax and Property Tax graphs illustrate revenues are on budget or slightly below, the following graph explains why sales tax less than budget are forecast by year end. i,uuc.uuo eon.aoo sou uuc Wu Wu IOo,poo o The 2024 budget increased sales tax 5% over 2023, and actual experience is approximately 3%. The State's June financials indicated about a 2% growth rate and consumer confidence reports are diverging, one up and one down. Unanticipated grants and building & development services revenues are up although there are expenses associated with building and development services revenue 2024 General Fund (001) Cash Flow Report (with ACTUALS) illustrates revenue compared to expenses at the end of 2024 will be ($2,766,486) Beginning Fund Balance 2,492,460 Forecasted Gain / (Loss) in 2024 (2.766,486) (274,026) Today's Budget Amendments ARPA 550,000 Parking Fund 80,000 Library from Building Bond Fund 408,000 Edmonds Homelessness Fund 200,000 1,238,000 Forecasted Fund Balance after Amendments 963,974 Adopted Budget Ending Fund Bal 2,200,000 amount we need to find 1,236,026 Questions and discussion followed regarding Councilmember Nand's intent to pull the amendment related to the Edmonds Homelessness Fund, source of funds allocated to the Edmonds Homeless Fund, interest in using the funds in the Homelessness Fund to address the homelessness crisis, interest paid when the General Fund has a negative cash flow, preference for the council to discuss the Edmonds Homelessness Fund Transfer as a separate agenda item, process for council consideration of budget amendments, identifying options to address the 2024 ending fund balance if the proposed budget amendments are not approved, expenditures from the Facilities Maintenance Fund, commendation to departments and the mayor for being fiscally conservative related to expenditures, whether funds for library repairs could be requested from Sno-Isle, and payment of library repairs from bond funds. Packet Pg. 17 8.1.c 07/16/24 Finance Committee Minutes, Page 4 Committee recommendation: Received for Filing 7. 2024 July Budget Amendment Ordinance Committee members and Ms. Dunscombe discussed budget amendments related to the ARPA Funds for the Fire Contract, Parking Enforcement Officer Transfer, Library Repairs Interfund Transfer, and Edmonds Homelessness Fund Transfer during the previous agenda item. Discussion followed regarding the potential for an alternative proposal related to the Edmonds Homelessness Fund Transfer, Councilmember Nand's efforts during the 2024 budget process to retain $250,000 in ARPA funds for small businesses and direct grants, and anticipation the council will face other difficult decisions in the budget process. Committee recommendation: Full council 3. ADJOURNMENT The meeting was adjourned at 7:56 pm. Packet Pg. 18 8.2 City Council Agenda Item Meeting Date: 08/6/2024 Approval of Council Special Meeting Minutes July 23, 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: 2024-07-23 Council Special Minutes Packet Pg. 19 8.2.a EDMONDS CITY COUNCIL SPECIAL MEETING DRAFT MINUTES July 23, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember (arrived 5: 42 pm) Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember (arrived 5:35 pm) Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Rob English, Acting Public Works Director Emily Wagener, Human Resources Analyst Bertrand Hauss, Transportation Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 5:29 pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. COUNCIL BUSINESS REPORT ON CONSTRUCTION BIDS FOR THE MAIN STREET OVERLAY PROJECT Acting Public Works Director Rob English explained this is the portion of the Main Street overlay project between 6th Avenue and 8th Avenue. Bids were opened on July 9; the City received two bids, Taylor's Excavators and Road Construction NW. He reviewed: • Scope of Work o Full width grind/pavement overlay 0 8 new ADA compliant pedestrian ramps o Bulb -outs at intersections with 7th and 8th o EB Bike Lane o Pavement Striping Bid Results Contractor Bid Results Amount Taylor's Excavators* $1,331,275 Road Construction Northwest $1,583,842 Engineer's Estimate $1,202,550 o Taylor's Excavators committed at bid time to using 4 DBE subcontractors o Taylor's discovered after bid opening that one of these subcontractors no longer met DBE requirements and submitted a new form with this subcontractor no longer listed o WSDOT determined Taylor's to be non -responsive due to the incorrect information submitted with the bid Edmonds City Council Draft Minutes July 23, 2024 Page 1 Packet Pg. 20 8.2.a • Staff Recommendation o Reject all bids and readvertise the project (Councilmember Paine arrived during this agenda item.) COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO ACCEPT STAFF RECOMMENDATION TO REJECT BIDS AND READVERTISE THE PROJECT. MOTION CARRIED UNANIMOUSLY. (Councilmember Eck was not present for the vote.) 2. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH SCJ FOR HWY 99 REVITALIZATION STAGE 3 Transportation Engineer Bertrand Hauss reviewed: • Project limits Scope of work o Sidewalks o Separated bike lanes o Landscape buffers o Stormwater treatment o Street / pedestrian light poles o Capacity improvements at signalized intersections (238th and 220th) o SR-104 Interchange Active Transportation Safety Improvements o Art opportunities o Distinct districts o Possible conversion to underground utilities (pending council approval ■ Comcast, PUD, Ziply and Wave ■ Received WSDOT confirmation that State funds can be used for this conversion • Elements of Supplemental Edmonds City Council Draft Minutes July 23, 2024 Page 2 Packet Pg. 21 8.2.a o Additional roadway and stormwater design work along 238th St. SW from Hwy 99 to 84th Ave. W, south of interchange, and Complete Streets along the entire corridor (recent scope of work additions) o Additional survey to complete this work o Stormwater design changes based on DRAFT 2024 Stormwater Management Manual for Western Washington (Stormwater Analysis and Drainage Memo) o Cost Estimating comparison between project with Complete Streets and Original Scope of Work (to be used for future Interlocal Agreement with WSDOT) o Cultural Resources (not in original agreement) Cost Original Contract Supplemental New Total Amount $3,217,453 $388,571 $3,606,024 • Funding Source o Connecting Washington State Transportation Funds • Stage 3 Milestones and Schedule WRELIMINARY DESIGN JW FINAL DESIGN ENVIRONMENTAL RIGHT OF WAY WE A4E RERE CONSTRUCTION COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE SUPPLEMENT AGREEMENT. (Councilmember Eck arrived 5:42 pm.) Councilmember Nand said she was excited to hear funds were allocated for undergrounding utilities on this project. She recalled the council allocated $400,000 for undergrounding on Highway 99 and asked if that had been used for a different stage. Mr. Hauss responded he did not recall that. This was presented to committee a couple months ago and staff was awaiting confirmation from WSDOT that the funds could be used for undergrounding. Councilmember Nand said she would research it, acknowledging it may have been for a previous stage. Councilmember Nand relayed she was also excited to hear about grant funds for cultural resources and asked if there was any additional information such as the parameters for using those funds and whether it would be handled by the economic development department or public works. Acting Public Works Director Rob English answered cultural resources is work the consultant team will do, a study required during the environment review process to evaluate whether there are potentially buried artifacts and other impacts related to construction. Councilmember Dotsch, a member of the PPW Committee where this information was presented previously, she thanked staff for pursuing approval from WSDOT to use funds for undergrounding. MOTION CARRIED UNANIMOUSLY. 3. MUNICIPAL EMPLOYEES BENEFIT TRUST (MEBT) UPDATES Edmonds City Council Draft Minutes July 23, 2024 Page 3 Packet Pg. 22 8.2.a Senior Human Resources Analyst Emily Wagener explained the purpose of this agenda item is to provide an update on MEBT and address a couple council action items. She explained Municipal Employee Benefit Trust (MEBT) is a retirement savings plan, a 401A, that employees participate in lieu of Social Security. Each MEBT plan has its own MEBT plan document; several cities are part of MEBT. Edmonds has a MEBT Committee consisting of four elected employees and two appointed positions that run the MEBT plan for Edmonds. Additional information regarding the MEBT committee and how the funds are managed is available in the attachments to the agenda item as well as in the June 18, 2024 PSPHSP Committee presentation. With regard to council action items, the MEBT Committee met in May and would like to propose changes to the MEBT plan. The first change is related to participation in MEBT; currently MEBT participation is limited to regular employees which is defined in the personnel policies as employees who work a minimum of 1,000 hours/year and city councilmembers. The MEBT Committee determined based on other MEBT plans to limited term employees who are expected to work more than five months upon hire the choice to enroll in MEBT. The committee is seeking council confirmation to make that benefit available to limited term employees upon hire. There is no additional cost to the City as funds currently contributed for any limited term employees goes into Social security; the equivalent amount would be contributed to MEBT as well as portions to provide for life insurance and long term disability that are part of the MEBT program. The second council action item is related to vesting. Currently the City has a seven year vesting period which is incremental based on number of months the employee has been with the City. In looking at other MEBT cities, the current employment market, and standard vesting periods, the MEBT Committee recommends reducing the City's vesting period from seven years to three years. The City matches employee contributions to MEBT, those funds are sent to the recordkeeper where it is stored in MEBT accounts and when an employee leaves, their vesting amount is calculated and any remaining funds go into a forfeiture account that is distributed among remaining employees. There is no cost to the City although there may be an effect on forfeiture balances. Councilmember Paine observed MEBT is in lieu of Social Security contributions. She asked how distribution is handled in the case of death or layoff prior to vesting. Ms. Wagener answered if an employee is laid off or passes away while employed, they are 100% vested automatically. If an employee reaches their normal retirement age while working for the City, regardless of how long they have worked for the City, they are also 100% vested. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE TWO AMENDMENTS TO THE MEBT PLAN AS PRESENTED THIS EVENING. Councilmember Tibbott relayed this was presented in detail to PSPHSP Committee. He appreciated the information and agreed with recommendations. MOTION CARRIED UNANIMOUSLY. 3. CONVENE IN EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(I) At 5:50 pm, the Council convened in executive session to discuss pending or potential litigation per RCW 42.30.110(1)(i) for a period of 30 minutes. At 6:18 pm, Mayor Rosen announced the executive session would be extended to 6:40 pm. At 6:37 pm, Mayor Rosen announced the executive session would be extended to 6:50 pm. Edmonds City Council Draft Minutes July 23, 2024 Page 4 Packet Pg. 23 8.2.a 4. RECONVENE IN OPEN SESSION The meeting reconvened at 6:49 p.m. ADJOURNMENT With no further business, the special Council meeting was adjourned at 6:50 pm. Edmonds City Council Draft Minutes July 23, 2024 Page 5 Packet Pg. 24 8.3 City Council Agenda Item Meeting Date: 08/6/2024 Approval of Council Meeting Minutes July 23, 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: 2024-07-23 Council Minutes Packet Pg. 25 8.3.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES July 23, 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 Kim Dunscombe, Deputy Admin. Serv. Dir. Todd Tatum, Comm., Culture & Econ. Dev. Dir Rob English, Acting Public Works Director Bertrand Hauss, Transportation Engineer Ryan Hague, Project Manager 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 5t' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Tibbott 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. PRESENTATIONS MAYOR'S UPDATE Mayor Rosen explained the council requested he provide frequent updates on fiscal activities in the City. The council received a robust report on July 2 so he won't repeat that information. In addition to his comments, the agenda includes four related items, the June 2024 Quarterly Financial Report, draft financial policies, budget amendments and restructuring of the finance department. Staff is also rigorously updating the revenue projections to forecast yearend. The statistically valid survey referenced in the packet has received approximately 100 responses as of late last week. There has been some confusion by the public because the survey did not immediately reveal it was from the City. A survey will also be offered to the community at large once this data has been collected. The survey is being conducted in two additional languages, Spanish and Vietnamese. Also of interest financially, the Blake decision in which some drugs Edmonds City Council Draft Minutes July 23, 2024 Page 1 Packet Pg. 26 8.3.a were no longer criminalized, has some impacts; Edmonds has been allocated $180,000 for the court to analyzing the volume of those cases and staffing needed to do that work. Mayor Rosen continued, there are also conversations occurring with unions regarding potential savings. Consideration is being given to other cost saving measures such as potentially discontinuing offering passports due to the additional workload that school zone cameras have on the court. If passports are discontinued, there will be an effort to identify another location in the community that would be revenue neutral such as the library. Also in the category of "looking under every cushion for opportunities," during Covid working from home was required and since then the workforce has changed somewhat resulting people having multiple devices such as a desk computer and a device they took home resulting in more devices than employees. There is not a lot of money in surplusing those devices, but there are savings in the license fee per device. For example he had a laptop and a desktop computer, he now has a docking station. Mayor Rosen continued, fleet is also looking for opportunities to surplus underutilized or outdated vehicles. Consideration is being given to converting to permitting software that the planning department believes would be better, more helpful and cheaper. Due to the overlap, that may not provide immediate savings, but it would be helpful in the long run. The I I -member advisory panel he appointed related to budgeting by priorities had their first meeting. That meeting including a briefing and review of the survey before it went out. He reminded there are three additional union negotiations this year; Teamsters in public works and parks, AFSCME professional team, and EPOA law support. Mayor Rosen relayed a fun fact, the Library of Commerce, formed in 1800, currently has 173 million items, equivalent to 15 terabytes of memory. The City of Edmonds has 4 devices with 30 terabytes each. Consideration is being given to purging items that no longer needs to be stored, whether there are other ways to store information, and creating policies to make the City more efficient and save storage space. 2. EDMONDS DOWNTOWN ALLIANCE WORKPLAN Community, Culture & Economic Development Director Todd Tatum introduced Kimberly Koenig President, Ed! and Brian Scott and Jacqueline Robinette, Uncommon Bridges. He explained this agenda item is to discuss the Business Improvement District's (BID) work plan as requested in Resolution 1543 which the council approved in March 2024. No action is required or requested tonight. Kimberley Koenig, President, Ed!, explained she has been an Ed! volunteer for the past 10 years and has seen firsthand how lucky Edmonds is to have more than one organization continually working to keep Edmonds a premier daytrip destination. The organizations work well together and their efforts complement each other's events and executions. Often members of the community or even council are not aware of programming created over the past 11 years. Running a volunteer -led BID, like all organizations, can have its challenges. Hundreds of small businesses participate in the BID programming and benefit from the work they do. The BID is conscious of members' investments and she was incredibly proud of the quality of the work they produce with a budget four times smaller than similarly sized BIDs. Ms. Koenig displayed a video highlighting the popular iconic umbrella program; free parking; bike racks and pedestrian safety; public mural (Lovin' Edmonds Summer); support during a global pandemic - safety pledge certified, shop local shop online (LoveEmonds.com), supporting amazing humans who make up our small business community — together we made it through; marketing programs — regional transit ads, Love Lists, Green Edmonds, Lovin' Summer Edmonds, business spotlights, fall retail promotions, Edmonds Holidays, holiday branding, holiday trolley, Emily the Elf, interactive photo ops, festive drink bingo, caroling contest/free holiday movie, and social media/digital advertising. Edmonds City Council Draft Minutes July 23, 2024 Page 2 Packet Pg. 27 8.3.a Mr. Tatum continued, explaining the community, culture & economic development department coordinate and collaborate with the BID in many ways. Their branding, coordination of activities and front door to downtown provide a coherent and enjoyable experience for visitors. It also allows Edmonds to be seen as a destination for visitors and business owners alike. Brian Scott, Managing Principal, Uncommon Bridges, explained he has been involved in BID and downtown revitalization for more than 40 years. He had the opportunity to offer assistance to Ed! when it was initially established and spent a little time working with group in the last few weeks to outline the process going forward. He reviewed: • Successful Districts Require Sustained Marketing & Promotions Strong Leadership & 40 Consistent Management: Design & Economic; Development Fundament Principles Vitality Depends on o Cleanliness o Strong Management o Hospitality and safety o Retail and Business Strategies o Planning & Design Improvements o Marketing and Promotions What is a Business Improvement District o Improvement Districts have many names...... ■ BIDBIA/EID/ESD/PID/EED o Funding mechanism for local placemaking o Enacted by City Council o Managed in the neighborhood o Assessment on properties and/or businesses o Assessment based on local preference o (square footage, value, sales, etc.) o Uses are local preferences„ often: ■ Cleaning ■ Safety ■ Marketing & promotions ■ Business development ■ Professional Management Motivations for Creating a BID o Increase ■ Activity ■ Vitality ■ Rent ■ Cleanliness ■ Public Safety o Improve district image Edmonds City Council Draft Minutes July 23, 2024 Page 3 Packet Pg. 28 8.3.a o District advocacy o Everyone pays their fair share Business Improvement District Examples o Downtown Everett Association ■ Created: 1995 (Renewed 2020) ■ Budget: $883,400 ■ Assessment: $485,870 ■ Activities: - Professional Management - Downtown Flower Program - Cleaning & Maintenance o West Seattle Junction BIA ■ Created:1987 ■ Budget: $1,289,009 ■ Assessment: $570,000 ■ Activities: - Professional Management - Marketing & Events - Business Support - Repairs & Maintenance - Cleaning & Safety - Parking o Columbia City BIA ■ Created:2009 ■ Budget: $74,000 ■ Assessment: $69,000 ■ Activities: - Marketing - Cleaning Services - Public Realm Improvements - Business & Economic Development - Advocacy o U District Partnership ■ 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 o Ballard BIA ■ Created: 2016, Renewed & Expanded: 2023 ■ Budget: $1,165,000 (Up from $500,000) ■ Assessment: $990,000 ■ Activities: - Community Engagement - Urban Design & Transportation - Economic Development Edmonds City Council Draft Minutes July 23, 2024 Page 4 Packet Pg. 29 8.3.a Policy & Advocacy - Marketing - Professional Management - Cleaning Services Best Practices: Services are a local preference Marketing, Promotions & Events Economic Development Beautification Parks & Public Spaces Clean & Safe Homeless Services Transportation Signs &banners Market Hanging Flowers Park Activation Street Sweeping Outreach Connectivity Opportunities & Management Festivals Real Estate Planters & Storefronts Pressure Washing Care Centers Pedestrian Safety Development Street Furniture Improvements Development Loans Litter & Graffiti Mental Health Parking Farmers Markets — Small Business Landscaping Green Spaces Grants Removal Services Improvements Advertising Data & Research Seasonal Decor Streetscapes Ambassadors Skill Development Non motorized Campaigns initiatives Business Directory Affordability Public Art Emergency Lighting Workforce Encourage Public Preparedness Development Transit Best Practices: Formation/Renewal o Involve the major payers early o Authentic community engagement o Extensive ratepayer vetting o Make modifications where necessary to accommodate unique needs o Tie assessments to benefits o Multi -family residential properties and services are often key o Realistic & strategic boundaries o One-on-one outreach Jacqueline Robinette, Organizational Development Lead, Uncommon Bridges, reviewed: • Steps to Formation o Organizational Assessment & Development o Core group ■ Service area & goals ■ Work plan & budget ■ Assessment mechanism o Building support ■ City check -ins ■ Community members & major ratepayers ■ Messaging ■ One-on-one contacts ■ General meetings o Draft ordinance o Gather ratepayer support o Formal City Council process Ed! BID Review & Update Process o Key stakeholder engagement o Review, update, vet, and refine: ■ Services ■ Boundary ■ Assessment Edmonds City Council Draft Minutes July 23, 2024 Page 5 Packet Pg. 30 8.3.a ■ Budget ■ Organization structure o Ratepayer marketing, & outreach o Council Process ■ Resolution of intention to establish ■ Public hearing process ■ Ordinance to establish o Timeline Assessment Planning City .Q. .Q. 5 W O � T 9= tr Option Vetting Outreach, Vetting, & Petitions O Outreach, Situational Assessment, & Priorities BIA Options: Services Draft Proposal Boundary • Assessment Budget • Organization structure Mr. Tatum summarized the resolution requested a plan for completion by late summer 2025. That includes outreach and engagement now through approximately October, and crafting recommendations with Uncommon Bridges' assistance toward the end of the year. He anticipated the next presentation to council would be January/February where strong idea about the assessment system, boundaries, etc. could be presented, getting petitions together March through July, and a public hearing and council vote at the end of August. Councilmember Tibbott relayed he was impressed with the BID's proposal, commenting it looked like the BID planned to get a lot of feedback and build for the future. He asked if the BID anticipated expanding the boundaries of the business district. Ms. Koenig answered that is being explored; there has been some interest, particularly from the Salish Crossing area, about participating in the BID. The BID is also considering adding an at -large option for businesses who want to participate but aren't within the boundary. Councilmember Tibbott referred to a reference to multifamily and asked if that would be an HOA participating in the BID. Ms. Koenig said that will need be explored further with the board. Councilmember Nand commented, as a former tenant in the BID area, she is a huge fan of the work they do. She asked about the update process, whether there would be a majority vote of the participating business. Mr. Scott answered it is the council's authority that allows this to happen. Many communities ask ratepayers to provide a petition showing some level of support. Most city governments pass it by resolution, the council directing what they want to see. In his experience, he did not know of any that were a majority vote due to the difficulty determining what that majority would look like because there are large and small property owners, big and small businesses, tall and short buildings, etc. He said most often in a petition process, there are petitions that are weighted by how much people will pay. Councilmember Nand asked how the vote of tenants who are business owners versus property owners are quantified. She liked the formula he offered. Mr. Scott answered this can be done many ways; the BID currently assesses tenants in the district which makes sense because they are the people doing business every day. The problem with that is there is no list of the all the businesses inside a certain boundary. Businesses are supposed to have a business license, but in his experience not all do and their business license address may not be the same as the location of the business. It is simpler to assess property owners and let the property owner determine how to pass the cost onto their tenants. The group plans to look at how assessments have been done, how collection is working, whether that method should continue or if Edmonds City Council Draft Minutes July 23, 2024 Page 6 Packet Pg. 31 there is a way to do it more effectively and efficiently by changing the assessment methodology. There is no proposal at the moment, everyone is just thinking it through. Councilmember Nand recalled when she participated in the BID, she was surprised that she was assessed by the size of her little office because it did not correlate to the amount of revenue she was generating by being in the BID. She suggested a tiered system based on income although recognized that may be administratively difficult. Mr. Scott answered it is easy to come up with schemes that make sense the day they are created, but the more complicated it is, the harder they are to sustain over time. He recognized different businesses, although they may have the same size office space, have different revenue models. Some people with an upstairs office have different opinions about the value of promotions for downtown Edmonds. That is one of the things that will be worked on, what makes the most sense for this district at this time. Councilmember Nand thanked Uncommon Bridges for bringing their expertise to Edmonds and Ms. Koenig and Mr. Tatum for their hard work. Council President Olson commented the Edmonds City Council was at the Shoreline City Council last night and they asked the secret to Edmonds' desirable and vitalized downtown. The first thing that came to mind in the conversation was the BID and the work they have done. She suggested to Mr. Scott that Shoreline, may be a potential customer. With regard to things other BIDs do that were highlighted in the presentation, she noted a lot of those are achieved through private/public partnership; for example, the flower baskets are donated, parks staff work on the flower baskets with help from the garden clubs which allows the City to use the budget for other offerings. She offered a shout out to those private entities as well as the numerous events the Chamber of Commerce does which means the BID does not have to do as many events and it still benefit from the gatherings that happens downtown. Due to the City's current tight budget, the assessments targeting that area may be more valuable to business owners than they were in the past because the City may not be able to do much in the short term. She assured Mr. Tatum that the extended agenda is only a planning tool, the timeframes for coming to council will be noted, but it can be flexible. Councilmember Paine said it's always interesting to hear what is going on with BID. She asked if City funds were being used for the BID evaluation or was it entirely funded by dues from BID members. Mr. Tatum answered it is split between the City and the BID, 2/3 and 1/3; it is a relatively small contract for this type of work. Councilmember Paine commented it was interesting to see that there were petitions, relaying information from the Municipal Research Service Center (MRSC) that indicated there were two ways BIDS are formed, via petition with either a 60% or 50% threshold. Mr. Scott answered the Washington RCW that references BIA describes a process that has a petition with a threshold of 60% of the assessment. Every city attorney he has consulted has been of the same mind, that the city's own charter gives them the power to form a BID and the city does not need to rely on the state law and most cities do not. If the BID is formed by petition and the petition becomes legally part of the adoption process, someone could challenge whether the petition process was done properly which the city would have to defend even though they were not responsible for the petition process. Most cities adopt BIDs by resolution, but some cities want to do the petition anyway to show support which is what Seattle does. Councilmember Dotsch relayed she has heard one of the challenges in Edmonds is there are both open door and by appointment businesses and there are challenges for business without a presence on the street front. She believed a vibrant downtown includes all services, but they may not be equal. Ms. Koenig answered assessments are different for by appointment versus open door businesses. With regard to BID expanding, Councilmember Dotsch questioned how it could expand beyond the downtown core. Edmonds has certain traffic patterns where businesses tend to proliferate and expanding further out is always a challenge, but she was excited about opportunities to expand the BID beyond the existing core. Councilmember Chen commented the BID has done a lot of good for the City. He referred to potential future opportunities with hubs and centers in the comprehensive plan and zoning code update. He saw an Edmonds City Council Draft Minutes July 23, 2024 Page 7 Packet Pg. 32 8.3.a opportunity to form BIDS in other areas, using the downtown BID as a model, such as Highway 99 and other centers and hubs. Council President Olson referred to the comment about the charter giving the council authority, pointing out Edmonds is a code city not charter city. She asked City Attorney Jeff Taraday to weigh in on the applicability of what was said. Mr. Taraday said as a non -charter code city, the City has home rule authority which is basically it can do anything that is not prohibited by the general laws of the State of Washington. 3. HIGHWAY 99 OFFICE INFORMATION BRIEF Community, Culture & Economic Development Director Todd Tatum said he was here at Council President Olson's request as the council has not had a comprehensive update on the Neighborhood City Hall (NCH) since it opened. Although happy to take questions, he was not in a position to say exactly how the space would exist in the next six months or five years. Not because he was withholding information, but like most programs and services in the City, the right mix of services, locations and organization structure to address residents' needs are being considered and there is more conversation to come on this space. He reviewed: • Background o Signed lease in December 2021 o Took possession on January 7, 2021 o Lease term started 90 days after o When opened, housed community court, Edmonds Police community engagement officer and front desk staff o Lease term is 36 months (April 2025) with option to extend • 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 ( 172,105 ) (58,576) -25% (58,576) -25% *Does not include custodial services which come 2x/week o Expect to spend approximately $146,000 in 2024 Activities that occur in the space o DSHS Mobile Unit o WorkSource o Phone clinics 0 211 tabling to connect to services o Human services and social worker hold meetings with individuals o Community Health Plan of Washington o Community Court ■ Monday afternoons 1-4:30 o DVMRT Classes ■ One weekday evening/week 0 140 unique walk-in visitors in the first six months of 2024, 83% seeking assistance (does not include individuals participating in the above activities) Edmonds City Council Draft Minutes July 23, 2024 Page 8 Packet Pg. 33 8.3.a ■ Staff allocated hours: 9-4 Tues — Thurs • Physical space over time Information on door Community court space Door separating police workspace Leadership and Organizational Structure o Community Services established the office o Discussion in 2022 and 2023 on where to ultimately house it organizationally 0 2024/2025 need to make decisions on lease renewal Edmonds City Council Draft Minutes July 23, 2024 Page 9 Packet Pg. 34 8.3.a Councilmember Nand thanked the administration for allowing a community group she is part of to have access to the space. It was her first time in the space and she saw incredible potential for a city hall/municipal government outpost on Highway 99. One of the attendees of the community meeting commented it was great to be able to walk to the office on Highway 99 as residents of southeast Edmonds typically have to come to downtown Edmonds to access community services. When thinking about ways to utilize the space in the future, she wondered if it would be possible to have OPMA-noticed board or commission meetings in the space such as planning board or the mayor's climate protection committee and if there was Zoom capability or if that could be added. Mr. Tatum advised the Economic Development Commission recently held a publicly noticed, hybrid meeting in the community court space. Councilmember Nand asked if holding meetings in that space could assist in recruiting people for boards, committees and commission who are outside of the traditional networks. Mr. Tatum said he did not have a strong opinion on that. Councilmember Nand said one of the community members who met to discuss issues related to Highway 99 inquired whether that space could be utilized as a mailstop for unhoused people. She asked if that could be added to the community services that are provided. Mr. Tatum answered that is an interesting idea, but he was not sure about the legality or the process for that; it will depend on how the space transforms and is managed. Councilmember Nand commented there are a lot of exciting possibilities for that space. Councilmember Eck asked how many days and hours per week the office was open. Mr. Tatum answered Tuesday — Thursday, 9 a.m. to 4 p.m. Councilmember Eck commented 140 unique walk-ins in the first 6 months is pretty significant as it does not include people who come back repeatedly. She asked if Mr. Tatum felt the space was optimal for these types of service. Mr. Tatum answered the location in the community is pretty good. When the space opened, there was not a lot of certainty about the types of visitors or activities. The space has a number of challenges; the intent has been to make it compatible for police, the courts and human services, but it does not work well for any type of groupings occurring at the same time. The actual configuration, layout and limitations of the space are a challenge. Councilmember Chen commented based on the list of activities, it is a very valuable space, but considering it is only used three days out of five, there is some excess capacity. In his personal observation, cramming so many services such as police, community court and other functions into the limited space creates challenges. When the idea for this space first came up, his thought was to use it for a police substation due to the needs in that area. If the City decides to use its limited resources in this way, they need to be spent on the biggest need in that area which is public safety. If the City decided to extend the lease, he strongly suggested returning to the public safety aspect and utilizing it more fully. Councilmember Paine asked if the space is used three days/week for human services and an additional day for community court. Mr. Tatum agreed it was used for community court on Mondays. Councilmember Paine commented it is an interesting space with some benefits and limitations. She asked if the space could be utilized as a hub for the business community along Highway 99 where the City could offer economic touchpoints in ways that are meaningful for those businesses, while still retaining community court, human services and the walk in services. She recognized it may not be the perfect space for that, but she would like to have space to interact with the business community. Mr. Tatum said one of the things the City is trying to do is rebuild connections with the Washington Small Business Development Council and the Small Business Administration who provide a lot of clinics and have done those in Edmonds at the library or city hall. If that space is maintained, there would be an opportunity to bring those clinics and technical support that those organizations offer to that area. Councilmember Paine asked if would be an opportunity to create a space for conferences with business owners. She recalled when visiting Federal Way, their staff knocked on doors to create business relationships and learn about the community's needs. She asked if that would possible in that space. Mr. Tatum answered that is a good idea and needs to be included in the conversation about where to go next. Edmonds City Council Draft Minutes July 23, 2024 Page 10 Packet Pg. 35 8.3.a Councilmember Nand asked given the proximity to Highway 99, what is the potential for the space to be utilized during extreme weather events such as extreme heat and could it be adapted for overnight shelter during extreme cold when human life is endangered. Mr. Tatum answered that has not been considered in depth; it is something that could be considered if the City retains that space. One of the challenges is staffing such a use; when that has been considered in the past, questions include which job classifications would do that, which department has the hours, etc. He summarized there is a staff cost and potential challenges with that type of work, but it is worth considering when options for the future are considered. Councilmember Nand commented there are community organizations and foundations that the City could potentially partner with. Councilmember Nand asked how access could be provided if councilmembers wanted to hold office hours in the neighborhood city hall and minimize impact on staffing such as key access. Mr. Tatum suggested if that is something councilmembers are interested in doing, to reach out to him and he will help determine whether it is within the range of possibility., Councilmember Nand asked if there was time the space was not being utilized by staff whether it could rented by the community similar to what the library does. Mr. Tatum answered that may be a possibility, but that would require staff and a program to manage it which is a challenge with the current 21 hours of staff time. Council President Olson commented the presentation was very comprehensive and provided good insight into the evolution and services that have been found to be of value to the community. Regardless of what decisions are made regarding the space, the community has learned what services are of value and to ensure those are addressed in one way or another. Councilmember Dotsch asked about the safety of the office for those who work there or are in the space. She recalled hearing there were challenges when it first opened. Mr. Tatum answered he could not recall a time when the police have been called to the space for an incident. The door is open; staff can be in a vulnerable position depending on who comes in. The type of clientele requires someone who is used to dealing with people who are struggling or in crisis. Councilmember Dotsch asked if the person staffing the office has training in that, if it was a requirement in their job description, or did the City just get lucky and the staff member had that experience. Mr. Tatum said the person has been through de-escalation training, has worked with this population in the past, and the City did luck out finding an incredibly talented and dedicated staff member. If there was a need to fill that position again, the job description would need to be rewritten to specify the requirements. Councilmember Dotsch asked how often police officers utilize the space. Mr. Tatum said he was unable to provide an actual number of hours, they do a little paperwork in the space and/or use the restroom, but it has not been a place where they spend a tremendous amount of time. Councilmember Dotsch asked if the police have a need for that space. Mr. Tatum answered it is used less than originally envisioned. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Gordon Black, Edmonds, board member, North Sound Bicycle Advocates, commended the City for passing a Complete Streets ordinance. In the effort to reduce carbon emissions, cars are the largest source of carbon emissions in Edmonds. It is important to see bike lanes as part of a network, yet it is currently a highly fragmented network where bike lanes end suddenly or do not exist. Eastbound bike lanes belong on Main Street for the same reason that I-5 does not become a gravel track when one reaches Northgate. Bike lanes on Main Street are a necessary part of the network the City is designing to make cycling safer and Edmonds City Council Draft Minutes July 23, 2024 Page 11 Packet Pg. 36 more appealing for a larger group of cyclists. In surveys examining why more Americans do not use bikes for trips of 1-3 miles, around 40% of the respondents say it is because they perceive roads and streets as unwelcoming and unsafe. Putting bike lanes on the uphill side of Main Street from 6'E' to 9' challenges that perception because those bike lanes will make cycling safer for a large group of people. With the recent installation of bike lanes on 9t1i/100' from Walnut to Firdale, despite the dire predictions of issues, drivers have adjusted to the changes and as a bike rider, he assured that road is now much safer and he sees many more cyclists using it. Change can be hard, but he was confident Edmonds residents will adjust to an uphill bike lane on Main Street for those three blocks. It is an incremental step in the grand scheme to create an actual network of safer, more welcoming bike routes in Edmonds that will help reduce reliance on cars for short trips. He summarized it should be considered an investment for the future. Bill Derry, Edmonds, spoke regarding lot coverage, recalling discussion at the planning board about changing the ordinance related to residential lot coverage to accommodate additional accessory dwelling units (ADU). He supports additional ADUs but was concerned about increasing lot coverage. He suggested in further discussions on the topic, having a companion requirement for equal amounts of vegetated pervious surface in order to have green spaces as well as areas where stormwater can be infiltrated. Robert Burnhoff, Edmonds, referred to a problem that occurred where Perrinville Creek enters Puget Sound in front of the home at 8229 Talbot Road. He has been informed by a stormwater engineer that there is a perforation in the rusted out metal that goes under the railroad tracks and enters Puget Sound. Its shape is also altered and the way it protrudes up shows the weight of the extra ballast from the railroad rock has changed it tremendously. The stormwater engineer indicated it was not if there would be a failure, but when. He relayed Council President Olson has spoken with the stormwater engineer on this issue and he questioned why something hadn't been done, fearing an event like what occurred in East Palestine, Ohio, could occur at any moment. Roger Pence, Edmonds, said he has been trying to follow the City's budget crisis and the response of the Blue Ribbon Panel and has been unable to find any of the Blue Ribbon Panel's work other than the press release regarding creation of the panel. He suggested the panel's report be posted on the City's website. The 32 page report can be found in the July 9, 2024 city council agenda packet, however, most citizens do not know that. He urged the City to be stop playing "hide the ball" with that information. Riaz Kahn commented crime in Edmonds is increasing, the housing crisis is escalating and red light cameras are being installed. He expressed support for the Asian Service Center and invited the public to the Dragon Boat Festival on August 1. The Asian Service Cener helps seniors with healthcare issues. The center also helps youth, the foundation and future leaders of the community, by offering leadership classes. Robert Manciu, Edmonds, expressed his strong support for the proposed ban on backyard breeding in Edmonds. Backyard breeding, the practice of breeding animals on a small scale, often by individuals without proper oversight or expertise, has significant negative consequences for the City. These impact include: ➢ Minimal welfare concerns - backyard breeding often results in poor living conditions for the animals. Without property veterinary care, nutrition and socialization animal suffer. Many are kept in cramped and unsanitary conditions leading to health issues and suffering. ➢ Overpopulation - unregulated breeding contributes to the overpopulation of pets which in turn overwhelms local shelters and rescue organizations. Many of the animals end up being euthanized or living in shelters for extended periods. ➢ Public health and safety - poor breeding practices can lead to the spread of diseases among animals and potentially to humans. Additionally, animals bred without proper socialization and care may exhibit behavioral problems posing safety risks to the community. Edmonds City Council Draft Minutes July 23, 2024 Page 12 Packet Pg. 37 8.3.a ➢ Community resources - dealing with the consequences of backyard breeding constrains city resources. Animal control, shelters, and rescue organizations spend significant time and money addressing issues that arise from irresponsible breeding. By enacting a ban on backyard breeding, Edmonds can demonstrate its commitment to animal welfare and public health. It would ensure that all breeding operations adhere to strict standards promoting the humane treatment of animal and reducing the burden on local resources. He urged the council to consider the long term benefits of such a ban; the community will be healthier, safer, and more compassionate as a result. Daniel Pejovic, Edmonds, relayed his family has lived on 203' Place SW off 84' Ave W for nearly 30 years, a street that has never been paved, is bumpy, unkept, and full of expensive to fix potholes. During the cold season, it remains icy and snowy long after nearly all other roads in Edmonds are defrosted and void of snow and ice. He begged the City for a plan to pave 203' Place SW; it is the right thing to do as everyone on the street are hardworking Edmonds taxpayers who have lived there for decades because they love Edmonds. 7. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES 2. WRITTEN PUBLIC COMMENTS 3. JUNE 2024 QUARTERLY FINANCIAL REPORT 4. DRAFT FINANCIAL POLICIES 5. OUTSIDE BOARDS AND COMMITTEE REPORTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES OF JULY 2, 2024 2. APPROVAL OF SPECIAL MEETING MINUTES OF JULY 9, 2024 3. APPROVAL OF REGULAR MEETING MINUTES OF JULY 9, 2024 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 5. MATHAY BALLINGER PARK IMPROVEMENTS CONSTRUCTION CONTRACT 6. CAR SHOW & OKTOBERFEST EVENT AGREEMENTS 7. AUTHORIZING THE MAYOR TO SIGN PARTICIPATION FORM RE KROGER OPIOID SETTLEMENT 8. SETTLEMENT AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC 9. LEGAL ASSESSMENT COMMITTEE — ASSESSMENT QUESTIONS FOR CITY ATTORNEY/PROSECUTOR 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. APPROVAL OF FINANCE DIRECTOR JOB DESCRIPTION AND REORGANIZATION OF ADMINISTRATIVE SERVICES 14. RESOLUTION AUTHORIZING MAYOR TO APPROVE SHARED LEAVE BEYOND PERSONNEL POLICIES 15. APPROVAL OF COUNCIL RULES OF PROCEDURE SECTIONS 4 & 5 CONSENT AGENDA AND COUNCIL MEETINGS 16. APPROVAL OF DISPOSAL OF SURPLUS EQUIPMENT/CITY ASSETS 17. APPROVAL OF JOB DESCRIPTION FOR PERMITTING PROGRAM MANAGER 9. COUNCIL BUSINESS Edmonds City Council Draft Minutes July 23, 2024 Page 13 Packet Pg. 38 8.3.a 1. 2024 JULY BUDGET AMENDMENT ORDINANCE Councilmember Eck expressed concern with proposed $200,000 Edmonds Homelessness Fund Transfer and asked why this was proposed as part of the budget amendment rather than with all the things that could be on the table for the budget. Mayor Rosen suggested staff provide their presentation so there is context for the conversation. Due to technical difficulties, Mayor Rosen declared a brief recess. Deputy Administrative Services Director Kim Dunscombe reviewed the proposed 2024 July Budget Amendments (packet page 342): Building Plan Review and Inspection Professional Services Technical structural inspections require use of a consultant. An ordinance was passed earlier this year allowing the City to bill 100% of the pass through invoice. This amendment amends the appropriation authority for the planning & development department and is budget neutral. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THIS BUDGET AMENDMENT. Councilmember Paine inquired about the process, expressing her preference to individually consider and approve the amendments. She observed most permit -related items have a revenue aspect and asked if that was being considered. Ms. Dunscombe answered the permit applicant pays a deposit; as the City receives invoices from the third parry vendor, they are reconciled and when funds provided by the deposit are no longer sufficient, an additional deposit is requested from the permit applicant. MOTION CARRIED UNANIMOUSLY. Library Repairs Interfund Transfer Transfer funds from the Building Maintenance Fund to the General Fund to pay for the library repairs caused by water damage and some improvements. The City's share of the project is $408,000. Councilmember Paine asked whether this was included in the 2024 budget. Ms. Dunscombe answered it was not included in the budget; the request is to use the bond maintenance fund (Fund 016) to pay for this expense. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE BUDGET AMENDMENT FOR LIBRARY REPAIRS. Council President Olson explained there was an extensive conversation at council committee regarding the original expectation that this would be covered by insurance and whether this should be shared with Sno- Isle, neither of which were possible. She summarized the use of bond maintenance funds was an appropriate remedy to cover these expenses. MOTION CARRIED UNANIMOUSLY. Edmonds Homelessness Fund Transfer Proposed transfer of the balance of the Edmonds Homelessness Fund (Fund 018) into the General Fund. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO RETAIN THE $200,000 PRESENTLY IN THE 018 AND DIRECT THE ADMINISTRATION TO SPEND THESE FUNDS TOWARDS EXTREME WEATHER EVENT EMERGENCY NEEDS FOR OUR HOMELESS POPULATION IN EDMONDS DURING EXTREME HEAT AND EXTREME COLD. Edmonds City Council Draft Minutes July 23, 2024 Page 14 Packet Pg. 39 8.3.a Councilmember Nand said she has asked multiple administrations in multiple budget cycles to spend the money in Fund 018 to help people experiencing the crisis of homelessness. There are many ways staff could choose to utilize these fund if the council approves using the funds for the homelessness crisis instead of putting them back into the General Fund. For example, block grants could be provided to organizations such as the Jean Kim Foundation or other organizations such as Volunteers of America who provide extreme weather response in neighboring cities such as Lynnwood. There is space on Highway 99; potentially the City could host a cooling tent during extreme heat on the America's Best Hotel site if Snohomish County provided access to the parking lot. There is a lot that could be done to prevent the loss of human life due to extreme weather fluctuations in the region due to climate change which results in extreme heat, extreme cold and very dangerous storms. One of the core functions of government is to preserve human life. Assisting vulnerable people would be a worthy use of these funds. Councilmember Chen said he understood the City's budget situation, but there is a need in the community and as stated by Councilmember Nand, there are many ways to deploy these funds. His preference was to retain the $200,000 and look for ways to spend it meaningfully. Extreme weather shelters may be a good use, but there are other ways and he preferred to rely on human services professionals to identify those opportunities and not confine it to such as narrow use. This $200,000 will not solve the problem of homelessness and it will not replenish the $12 million reserve fund. Councilmember Eck concurred with Councilmembers Chen and Nand, commenting it seemed early to go after this fund when there are other things that could be look at as a whole. These funds haven't been used in the past and the City has human services staff who could get it out to the community such as keeping low to no income seniors in their homes, getting families out of their cars and into temporary shelter, rental assistance, etc., things that would have tangible benefits to the community. Transferring these funds rather than looking at everything in total felt premature, and came at a significant expense to the community. She encouraged the council to table this amendment for now and look at other potential funding rather than hurting the community. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND TO REMOVE THE CAVEAT ON HOW IT WOULD BE SPENT. Council President Olson said the amendment would strike the portion of the motion to direct the administration to spend the money in any particular way. The human services director has been asked on more than one occasion whether the cold weather scenario was being addressed in the community and has stated on more than one occasion that it was. Specifying that use is too prescriptive, staff knows what is needed in the community. If the council chooses to spend these funds, it should be done in consultation with staff and not council directing a specific use. Councilmember Paine said she was unsure how this budget amendment originated, this is not a time for the council to remove funding for a much needed program that serves many people. There is a need for housing for the unhoused and to respond quickly to the needs in the community. She recognize these funds were not programmed in the past because in prior years, there were ARPA funds to support human services programming. Now, these funds will be the last remaining backstop to address human services in Edmonds. She was hopeful funds could be identified for additional thoughtful programming in the next couple years and wanted to ensure there was funding available for residents in need this year and next year. She wanted an opportunity to discuss use of these funds at a specific meeting or during the budget process. Council President Olson raised a point of order, stating Councilmember Paine was not speaking to the amendment. Councilmember Paine said she was getting to that, she did not think this was a viable budget amendment, did not understand why it was proposed, and wanted more council discussion. Edmonds City Council Draft Minutes July 23, 2024 Page 15 Packet Pg. 40 8.3.a Councilmember Nand said she would be willing to support the amendment to her motion, but planned to offer an amendment to direct staff to bring forward proposals to spend the money within 24 months. It has been very frustrating to see people experiencing the crisis of homelessness in the community, knowing there is $200,000 sitting untouched in the City's coffers when it could be used to help people in desperate need. AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AMEND TO DIRECT STAFF TO BRING FORWARD DECISION PACKAGES TO EXPEND THE FUNDS WITHIN 24 MONTHS. Councilmember Tibbott did not support the amendment. Councilmember Nand said she did not want to direct the work of the human services department or who they chose to partner with; she was trying to encourage spending of the funds within a certain timeframe rather than having it remain untouched year after year. AMENDMENT FAILED (3-4) COUNCILMEMBERS ECK, PAINE AND NAND VOTING YES. Council President Olson recalled the fund originally came from the General Fund and asked what year the funds were allocated. Ms. Dunscome answered early 2022. Council President Olson observed the money has sat untouched due to the availability of ARPA funds during that time. There hasn't been an urgent need for the funds and they have remained untouched for several fiscal years. As the funds came from the General Fund and the City is having a General Fund crisis, it would be appropriate to return the funds to the General Fund for the short term crisis. She encouraged the council to be receptive when staff makes a proposal to fund an urgent need. Councilmember Dotsch observed if the council denies the amendment, the funds would remain in in the Homelessness Fund. Councilmember Nand disputed the characterization that there hasn't been an urgent need in the community to use the funds. A homelessness crisis exists in Edmonds and there are numerous people every day who could benefit from these funds, not just people who are camping near Lake Ballinger, but people who are car camping, couch surfing, housing unstable, close to being unstable, etc. Spending these funds in the community could do a lot of good; her personal preference would be an extreme weather event response in Edmonds along Highway 99 instead of telling people who are homeless or living in unheated/uncooled spaces to go to other jurisdictions such as Lynnwood to seek shelter from extreme weather. There are numerous ways these funds can be used; it is impossible to place a dollar value on human life. Due to the crisis of homelessness and extreme weather events, there is the potential for people to die of exposure or heat stroke. She strongly encourage councilmembers to retain the $200,000 in the Homelessness Response Fund and actually use it for the urgent need of homelessness response. As she has some knowledge in this field, Councilmember Eck found it difficult to believe there hasn't been a need and wondered about the criteria used to distribute the funds. In addition to homelessness and families living in cars, these funds can be used to prevent people from becoming homeless. For example there is a significant senior population who could use more utility assistance than the City offers or more mortgage assistance. There are extremely worthwhile things the City is not doing that could be funded with this money. Councilmember Paine reiterated these funds need to remain in the Edmonds Homeless Response Fund and not transferred into the General Fund. If there is an effort to sweep funds into the General Fund, that needs Edmonds City Council Draft Minutes July 23, 2024 Page 16 Packet Pg. 41 8.3.a to be looked at comprehensively and not looking at just one fund. She expressed support for the motion to retain the funds in Homelessness Response Fund. Councilmember Dotsch said she was okay with retaining the money in the Edmonds Homeless Response Fund. She asked for information regarding how the ARPA funds were distributed to those in need, how beneficial it was, and how much went to those in need versus other costs. There are a lot of ideas, but $200,000 is not a lot of money and would be spent fairly quickly. MAIN MOTION AS AMENDED CARRIED (6-1), COUNCIL PRESIDENT OLSON VOTING NO. Parking Enforcement Officer Transfer Transfer $80,000 from the Employee Parking Permit Fund to the General Fund to cover a portion of enforcement officer's salary and benefits in 2024. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO APPROVE THIS DECISION PACKAGE. Council President Olson referred to an email from a resident requesting the council ensure the City still has the administrative ability to run that program. Ms. Dunscombe explained the $80,000 comes from fund balance. Planned expenditures in 2024 which include $1000 for supplies and $25,000 for the clerk's time will be spent as planned. Councilmember Paine asked if this was a request from the police department due to inadequately funding the parking enforcement officer during the budget. Ms. Dunscombe said she brought this amendment to the police department as a way of solving their current budget problem. Councilmember Paine asked if that position was not adequately funded in the 2024 budget. Ms. Dunscombe answered that specific position was funded, by the time the budget process was completed, the police contract had already been settled and the adjustments for that position were know. The police department as a whole is having difficulty in 2024 and staff was asked to identify ways to get through 2024. Funds has been accumulating in the Employee Parking Fund balance for the past few years. Public works did not have any plans to do any traffic studies in the near future which is another option for using that fund balance so she proposed this amendment as a way to help the police department's budget in 2024. Councilmember Paine said she would rather use the funds for traffic studies. At least a dozen neighborhoods have complained about speeding and violations; traffic studies can be conducted to illustrate conditions in those neighborhoods. She will not support this amendment although she appreciated Ms. Dunscombe's diligence in identifying the potential amendment. The parking enforcement officer was adequately funded in the budget, but some of the neighborhood traffic studies were not. Councilmember Dotsch asked if the parking enforcement officer would not funded without this transfer. Ms. Dunscombe responded all departments are trying to figure out how to get through 2024 and ending the year with a $2.2 million fund balance. As Mayor Rosen has said, staff is looking under every cushion and this was one of those. This money is restricted by code, all moneys in this fund shall be used solely and exclusively for the administration of the employee parking permit program created by this chapter for costs associated with parking enforcement. The parking enforcement officer is one of the few eligible uses. Restricted funds need to be spent as soon as possible and this was an opportunity to transfer the $80,000 fund balance. Councilmember Dotsch asked what fund that would be transferred from. Ms. Dunscombe answered Fund 121. Currently when someone purchases an employee parking permit, that money is receipted into a special, restricted fund, Fund 121. Only $1,000 for supplies and $25,000 to support the clerk's time has been Edmonds City Council Draft Minutes July 23, 2024 Page 17 Packet Pg. 42 8.3.a programmed to be spent from that fund. Over time, extra money has accumulated in the fund balance and is now up to $80,000. With regard to traffic studies, Council President Olson recalled neighborhoods submit petitions which are ranked to determine which projects go forward. She recalled there were projects that would be going forward this year. City Engineer Rob English assumed Council President Olson was referring to the traffic calming program; the request for projects has gone out and staff is in the process of reviewing applications. That program is related to speed, not parking, and he was unsure it would qualify for this funding source. Council President Olson expressed support for the amendment. MOTION CARRIED (6-1), COUNCILMEMBER PAINE VOTING NO. ARPA Funds for Fire Contract Allocate remaining ARPA funds to pay for the fire district contract. This amendment would use $300,000 dedicated to the community relief funds and apply $619,000 ($300,000 + $250,000 in ARPA funds left unallocated at the conclusion of the budget process + interest in that fund) to the fire contract. All ARPA funds must be spent by the end of 2024; this amendment would appropriate all the ARPA funds in Fund 142 to the fire contract. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER ECK, TO APPROVE THIS BUDGET AMENDMENT TO TRANSFER THE REMAINING ARPA FUNDS INCLUDING INTEREST TO COVER FIRE SERVICES. Councilmember Chen commented, as Ms. Dunscombe pointed out, ARPA funds need to be spent by the end of 2024 and the City is facing a budget crisis. The City already spent $6.5 million in ARPA funds for fire services; this is an opportunity to look under the cushions for money for this purpose. It is the right thing to do at the right moment. Councilmember Paine referred to page 25 in the 2024 budget book which indicates the balance was just under $65,000. She asked where the other $300,000 came from. Ms. Dunscombe answered the $300,000 was already appropriated for a specific purpose so it is possible it is not included on the page Councilmember Paine referenced. From a accounting perspective, it is confusing to show fund balance in that fund because the revenue cannot be recognized until it is spent. It may be sitting on the balance sheet and is unspent. MOTION CARRIED UNANIMOUSLY. Mee Property Parkland Acquisition Capital budget amendment to allow acquisition of the one acre Mee property. In February 2024, the council approved this property acquisition. It was not in the 2024 budget so this is to catch the budget up with a previous council decision. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE BUDGET AMENDMENT REGARDING THE MEE PROPERTY. MOTION CARRIED UNANIMOUSLY. 2024 Pavement Preservation Program Request an additional $100,000 for the 2024 Overlay Construction Contract, $50,000 from REET 1 and $50,000 from REET 2. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THIS BUDGET AMENDMENT. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Draft Minutes July 23, 2024 Page 18 Packet Pg. 43 8.3.a Edmonds Marsh Estuary Planning Study City council approved a grant agreement with the National Fish and Wildlife Foundation to complete a planning study for Edmonds Marsh. This budget amendment will program the anticipated expenditures and grant revenue in 2024. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO APPROVE THIS BUDGET AMENDMENT. MOTION CARRIED UNANIMOUSLY. Perrinville Sediment Maintenance Permit Assistance and Mitigation Planning Program stormwater utility funding for permit assistance related to SEPA and securing a permit from the Department of Fish and Wildlife to perform maintenance of the existing diversion structure in lower Perrinville Creek. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO APPROVE THIS AMENDMENT. MOTION CARRIED UNANIMOUSLY. Council President Olson asked the best way to revise the budget ordinance to reflect removal of the one amendment. City Attorney Jeff Taraday answered one option would be to have Ms. Dunscombe revise the ordinance, otherwise the council could authorize staff to conform the budget ordinance to the motions that were made and approve the ordinance accordingly. The council is accustomed to seeing the precise text of what they are approving, but he was unsure if Ms. Dunscombe could amend the ordinance tonight. Council President Olson said she was comfortable with directing staff to conform the ordinance as it was a fairly simple change to remove one proposed amendment. Ms. Dunscombe offered to amend the ordinance for consideration later on the agenda. 2. MAIN STREET OVERLAY PROJECT SCOPE OF WORK Acting Public Works Director Rob English introduced Project Manager Ryan Hague and Transportation Engineer Bertrand Hauss, explaining during discussion of bid results at last week's PPW Committee meeting, the committee requested a presentation to full council regarding the project, specifically the eastbound uphill bike lane and potentially replacing it with a bike sharrow. He described the process of adding that feature to the project: • Area Map o Two projects planned on Main Street between 6tn and 9tn ■ The portion between 6' and 8' has a federal grant - Bids for that project were rejected earlier on the agenda and the project will be rebid. ■ The portion between 8tn and 9m is part of the locally funded overlay project. Edmonds City Council Draft Minutes July 23, 2024 Page 19 Packet Pg. 44 Council awarded the overlay program Granite Construction earlier this year. Their schedule is to do the work, grind, overlay and striping, the week of August 26. Complete Streets o 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. ■ Purpose of Complete Streets is to evaluate transportation projects for the design to accommodate all users, ages and abilities ■ Benefits of Complete Streets include reduce emissions via increased alternate modes of transportation, potentially calming traffic via reduced travel lane widths ■ In 2022 the State enacted guidance for WSDOT for state routes on a city street for projects costing over $500,000, consideration has to be given to implementing Complete Streets principles. That is why the council took action last year to approve Complete Street concepts on Highway 99 last year. ■ Complete Streets is an important part of the design effort for transportation projects Program Manager Ryan Hague reviewed: • Existing Section • Proposed Section mow.m w, ■. ■. ol ■l on on ■1 o Narrowing lane width makes roadway safer by lower road speeds ■ Confirmed via numerous studies - In November 2023, Johns Hopkins University released a study, "Narrow Lanes Save Lives" that confirmed narrow lanes reduce speeds and crashes. Johns Hopkins Edmonds City Council Draft Minutes July 23, 2024 Page 20 Packet Pg. 45 recommends 9' lane widths. The author of the study Assistant Professor of Environmental Health and Engineering at Johns Hopkins Shima Hamidi, PhD, says drivers are less concerned about the speed limit and more concerned about the context of the street when determining their driving speed. In other words, on streets with trees, pedestrians, bike lane and bikes, drivers feel less safe driving fast and will driver slower regardless of the speed limit. Benefits of sharrows and conventional bike lanes Mr. English reviewed: Edmonds City Council Draft Minutes July 23, 2024 Page 21 Packet Pg. 46 8.3.a tam aS a y.SN �M1y(Vew Ora'. ��asydb . tIB6t�5t5W �•� r __y • _,_ ra�� � o Provides future connection to bike lane network on 9" o Frances Anderson Center, a significant community gathering place, is located in this stretch of roadway which this Complete Street facility will help support What happens to grant funding if the uphill bike lane is removed from the project and replaced with a bike sharrow? o No change in grant funds o Providing no bike facility affects State TIB funding of $2,500 How does the lane configuration align at 6t1i & 9'? Edmonds City Council Draft Minutes July 23, 2024 Page 22 Packet Pg. 47 Transition W Cie MAIN ST y 9t1i & Main Stripe Transition 9'1 ai A Z Z I i-- o Similar condition at 761 & 2201 where there was insufficient right-of-way width to accommodate bike lanes through the intersection. When future improvements are made, the bike lane will continue through the intersections. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER PAINE, TO PROCEED WITH THE MAIN STREET OVERLAY PROJECT SCOPE OF WORK INCLUDING AN EASTBOUND UPHILL BIKE LANE. Councilmember Nand described her experience where a unicycle rushed between her car and the parked cars and she was terrified he would fall in front of her car. As a motorist, she sees the need for a bike lane and enthusiastically supports staff s recommendation to add it. Council President Olson thanked staff, recognizing council has asked for a lot of explanation, reexplanation and pictures, and they delivered. She had been concerned about the alignment of the middle lanes and thanked staff for the pictures that show it will not be an issue. She hoped the overlay contract would include Edmonds City Council Draft Minutes July 23, 2024 Page 23 Packet Pg. 48 8.3.a a clause about returning the surface to smooth in case there are striping changes. She requested when the comprehensive plan is presented to the public, instead of an online or in person open house, providing a tour where the public can be on site and see the proposed transportation changes. Mr. English said he will make note of the suggestion for a tour with the transportation plan update. One of the differences between this and the previous project is this project includes an overlay so the pavement surface will be new. Councilmember Paine expressed support for the recommendation for bike lanes from 61 to 9th on Main Street. The council talks about safety on a regular basis and that includes people who are not in vehicles such as pedestrians, people using wheelchairs, bicyclists, etc. She agreed with Mr. Hauge that a busy streetscape with trees, bike lanes, etc. make drivers pay attention. She reiterated her support for the bike lanes which also support climate protection by possibly reducing vehicle miles traveled. Councilmember Tibbott said he was still having trouble with a bike lane on 21/2 blocks of Main where sharrows current exist on the remainder of the street and there are no bike lanes east of 91. If bike lanes are added to the east on Main in the future, 4 streets between 9' and 220t1i will have bike lanes all the way up the hill. He referred to the midline graphic at 6t1i, commenting there is no illustration of the midline west of 6t1i. Mr. Hague assured they line up perfectly. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO AMEND TO ABANDON THE BIKE LANE DESIGN AND ADD A 2-FOOT BUFFER AT THE EDGE OF THE PARKING INSTEAD AND ADD SHARROWS ON THAT SECTION OF MAIN STREET. Councilmember Tibbott explained his rationale for the amendment was it matches what is happening on Main Street already. This is going out to bid, yet the City does not have a comprehensive bike lane plan and there is no evidence this will result in a bike lane eastbound on Main Street past 9t1i. He wanted to see a comprehensive bike lane plan before committing to a bike lane on 2'/2 blocks. Councilmember Dotsch commented she was still unclear with the 2-foot shift, shifting cars over on 21/2 blocks is quite abrupt. That stretch of roadway from Main 6th to 8t1i is Frances Anderson Center central; people are parking and opening car doors constantly. The need for pedestrian safety in that area is very high, and there needs to be a buffer for car doors. She drove that stretch today envisioning shifting the lane 2 feet north closer to parked cars and encountered three people opening their car doors as she was driving by. This is a unique spot, and accommodating all users in the most perfect way possible detracts from the safety of pedestrians and how people use that corridor. She envisioned shifting over 2 feet when people are used to driving straight will create problems. There doesn't seem to be a lot of accidents in that area with the existing 4-foot flex space on either side for doors, bike, kids running around the car, etc. A safer way for cars, bikes, and pedestrian and continuing with Complete Streets is a sharrow like what exists all the way down the hill to the ferry. She expressed support for the amendment. Councilmember Paine did not support the amendment as she preferred the design created by the engineers. Councilmember Nand was unable to support the amendment, especially because she had a hard time visualizing the impact the amendment would have on the proposed design. On packet page 364 (existing section) it appears the inclusion of a bike lane would create a buffer between traffic and parked cars opening their doors on the south side. In her terrifying experience today with the unicyclist, there was very little space between her car and parked vehicles on Main Street. The redesign creates more space for everyone to utilize this very popular street and she encouraged councilmembers to support staff's recommendation. If council was interested in a redesign, she suggested directing staff to render it so everyone can understand exactly what is being proposed. Councilmember Eck recognized a lot of research has been done, and studies show including infrastructure and narrowing lanes makes it safer. She has seen for herself that narrower lanes slow traffic. She appreciated Edmonds City Council Draft Minutes July 23, 2024 Page 24 Packet Pg. 49 8.3.a the expertise staff brings and the time they have spent on this design. Change is hard, but in trying to make room for all modes of transportation, she could not support the amendment. Councilmember Chen observed this project is to install bike lanes from 6t' to 9' and asked if bike lanes would be installed in the future from 9t' to Five Corners and on to 76' to connect the rest of the City. Mr. English answered in the 2009 and 2015 transportation plans, that bike route continued east to Five Corners. In the transportation plan update, the draft bike network continues to show bike lanes to Five Corners. In that stretch, the existing road is wide enough to accommodate bike lanes and can easily continue to Five Corners. There are obviously grade issues, but there are also more e-bikes using bike facilities. Councilmember Chen observed the potential to connect to 76t' and the Interurban in the future. He liked the proposed plan and appreciated the study, research and work that went into it. Council President Olson said she has had some of the same concerns about the frequency of doors opening on Main Street. She envisioned there was sufficient width to accommodate all these different functions. Cars get impatient driving behind bikes that go slower when riding uphill so to the extent the width can accommodate it, it is something that should be included on Main. Some studies recommend 9-foot lanes; these will be 11 feet and 13 feet with a bike lane. She expressed support for the original proposal and did not support the amendment. Councilmember Dotsch reiterated there would be 2 feet less on the north side so there is more risk from cars opening doors into traffic or bikes coming down the hill. With regard to 9', unfortunately since the bike lane was added, speeds have increased, and motorized vehicles are using the bike lane including motorcycles. She recommended following up after these bike lanes are installed to study how they are being use and whether speeds actually decreased. That needs to be studied in Edmonds and not from the perspective of a study done somewhere else. AMENDMENT FAILED (2-5), COUNCILMEMBERS TIBBOTT AND DOTSCH VOTING YES. MAIN MOTION CARRIED (6-1), COUNCILMEMBER DOTSCH VOTING NO. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO EXTEND TO 10:30. MOTION CARRIED (6-1) COUNCILMEMBER TIBBOTT VOTING NO. 1. 2024 JULY BUDGET AMENDMENT ORDINANCE Deputy Administrative Services Director Kim Dunscombe displayed the revised ordinance and described where changes were made on Exhibit A to reduce General Fund revenue by $200,000 and remove the $200,000 expenditure from the Edmonds Homeless Response Fund, on Exhibit B, in the Proposed Amendment Ordinance # column, the revenue for the General Fund is reduced from $445,700 to $245,700; on Exhibit C, the expenditure from Fund 018 is changed to 0; and on Exhibit D which reflects the $245,700 for Fund 001 revenue and 0 expenditure from Fund 018. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO APPROVE ORDINANCE NO. 4363 AS REVISED BY DEPUTY DIRECTOR DUNSCOMBE. MOTION CARRIED UNANIMOUSLY. 3. ORDINANCE AMENDING ECC 5.05 TO BAN THE DELIBERATE BREEDING AND SALE OF COMPANION ANIMALS Councilmember Nand explained when her bunny Arun, whom she rescued from a meat breeder, died unexpectedly in 2022, she decided to turn her grief into action. As a new councilmember at the time, she was disheartened that not only does the City's code not deter commercial animal breeding operations, ECC 5.05.020.13.4 states dogs whose owners maintain them for the sole purpose of commercial breeding are not Edmonds City Council Draft Minutes July 23, 2024 Page 25 Packet Pg. 50 8.3.a required to be licensed. Under the City's currently animal control chapter, ECC 5.05, the City signals to potential breeders that not only is breeding permitted, but there is no need to license those animals as would be required for domestic pets and only asks that they be kept kenneled and not running at large. She reached out to the City's Senior Animal Control Officer Jessica Gilginas who directed her to another Snohomish County city, Bothell, that has taken affirmative steps to limit the amount of backyard breeding that occurs in their jurisdiction. Everett has also banned the sale of cats and dogs within its city limits and directs that only animals from a publicly controlled animal control agency or nonprofit animal welfare organization shall be available for adoption from any retail pet store in its jurisdiction. The penalty for violating the ordinance is $250/day. Feeling inspired that other cities in Snohomish County find the bare minimum of animal welfare requirements set forth in state law, RCW 16.52.310, that up to 50 dogs may be kept on any property as long as they have enough space to turn around and at least one hour of exercise per day in use for commercial breeding operations, Councilmember Nand explained she reached out to local animal welfare organizations and animal rescue community to get their feedback. Overwhelmingly everyone she talked to that is involved in animal rescue encouraged her to seek a ban on backyard breeding entirely. Everyone had horror stories of finding neglected and abused animals in horrific circumstances on properties being bred by individuals without the proper knowledge to treat these animals humanely. Like herself, many of them have rescued animals bred for profit from small cages without food, water or adequate space. Animals living in these circumstances which the law considers to be animal cruelty are rarely saved until the scale of suffering on a particular property becomes so great that neighbors make nuisance complaints about all the suffering and dying animals on the property. As a councilmember, Councilmember Nand explained she began to look at the budgetary impact and strain that uncontrolled backyard breeding inflicts on local animal welfare organizations like Progressive Animal Welfare Society of Snohomish County (PAWS) which operates a companion animal shelter in Lynnwood. These organizations are often tasked with rescuing these abused and medically fragile animals after dozens or even hundreds have been bred due to uncontrolled backyard breeding. That is why she proposed that Edmonds take action. Animals are paying the price for the cruelty that so often accompanies uncontrolled backyard breeding and taxpayers and society are paying a heavy burden to impound, spay and neuter, provide veterinary care, and try to adopt out millions of unwanted companion animals in shelters. Too often perfectly healthy animals are euthanized due to lack of space. The three species of companion animals most commonly surrendered to shelters in the United States are dogs, cats and rabbits. Councilmember Nand proposed updating the City code to reflect current attitudes toward animal welfare in the 215Y century and ban the deliberate breeding of dogs, cats and rabbits for commercial purposes and also ban the sale of these companion animals. To address a few misconceptions about her proposal that she has heard, this would not ban people from choosing to breed their dogs, cats or rabbits and gifting or rehoming these animals to their friends, families, etc. with a rehoming fee. Her proposal contains specific carveouts for accidental litters and rehoming fees. This proposal is only targeting the commercial aspect of deliberately breeding animals for sale. COUNCILMEMBER NAND MOVED, SECONDED BY COUNCILMEMBER ECK, TO 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. Councilmember Eck expressed support for the motion, commenting this is definitely the right way for Edmonds to take a stance on this issue. Councilmember Paine referred to the last sentence in Section 5.05.134.B, "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 Edmonds City Council Draft Minutes July 23, 2024 Page 26 Packet Pg. 51 8.3.a dollars ($250) per animal per day, and suggested deleting "not more than" so that the fine was $250 per animal per day. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO AMEND TO STRIKE "NOT MORE THAN" SO THE FINE IS $250. Councilmember Nand explained this provision was adapted from the City of Everett's code. She had no problem with the amendment, envisioning it would provide future flexibility in developing tiered fines. She clarified this would not be a criminal charge, but a civilian fine imposed at the discretion of the animal control officer, a tool in the animal control officer's toolkit when they encounter problematic behavior before it becomes a large scale animal hoarding situation. Councilmember Paine recognized there is similar language in Section 5.05.134.A, but supported retain the language "not more than $1000." AMENDMENT CARRIED UNANIMOUSLY. Council President Olson thanked Councilmember Nand for this very well thought out, constructed and researched agenda item. The discussion between she and Councilmember Nand and members of the community on this subject have been helpful in raising awareness regarding the number of animals available for adoption and perhaps will encourage people to think twice before having a litter. However, she did not personally think this was the right approach. Pet owners get a break in the fee when licensing a spayed/neutered pet, and she suggested increasing the fee for a pet that is not spayed/neutered. Taking away the option of having pets for sale is a little heavy handed and Chapter 5.05 does limit the number of domestic pets to 5 and limits unweaned litters to 1. There are already limitations that prevent backyard breeding. Like any code, there needs to be an awareness that a problem is occurring. She appreciated the time to think about this subject and agreed there may be more than can be done, but did not personally feel this was the appropriate course of action and will continue to ruminate on the proper course of action and possibly share that in the future with Councilmember Nand if this ordinance does not pass. Councilmember Chen thanked Councilmember Nand for her research and developing this proposal. He asked how many backyard breeders had been identified within the City's boundaries. Councilmember Nand answered because this activity is not regulated in Edmonds, no one is taking a count. She has seen breeders advertising dogs for sale with handmade on signs in the right-of-way as well as on Craigslist. She has documented that information but did not include it in the packet to avoid unintentionally exposing someone to harassment. In reference to Council President Olson's comment, she pointed out proposed Section 5.05.134.A states if an animal is bred deliberately for the purpose of sale and the animal control officer chosen to impose a fine, if the individual chooses to have their animal spayed or neutered, the fine could be cured. This entire legislation is pointed toward encouraging people to spay and neuter and not create excess animals to impose an additional burden on already strained animal welfare and rescue organizations. Councilmember Dotsch expressed appreciation for the information Councilmember Nand developed. She asked how time this would add to the animal control officer's job and whether the officer has time to enforce it. She was concerned with adding to the animal control officers workload in view of the City's budget issues. Councilmember Nand said when she reached out to Senior Animal Control Officer Gilginas, she originally suggested looking at Bothell's code which limits production. There are different options; if a property is attracting the attention of the animal control officer, it's not due to an oops litter that the owner is trying to rehome, but because the property is engaging in larger scale commercial breeding and attracting the attention of the animal control officer due to complaints from neighbors. She included an email from Officer Gilginas which included her recommendation regarding research and also mentioned that with the Edmonds City Council Draft Minutes July 23, 2024 Page 27 Packet Pg. 52 potential for increased density, the present code may be inadequate if a commercial breeding operation were set up. There was a large scale breeding operation on 196t' in the past that was shut down. Councilmember Nand continued, although there is a perception that this behavior does not occur very often, people are always coming up with ways to exploit animals for profit. For example, a jurisdiction recently had to ban the commercial breeding of octopi. Having a law that says this activity is not permitted in Edmonds gives the animal control officer a tool in their toolkit when doing outreach and education. This is similar to the fireworks ban which was difficult to enforce until there was a fine. In looking at the budgetary aspect, once an operation is set up, typically when a backyard breeder gets over their head, dozens or hundreds of animals have been breed and it is the animal control officer's duty to impound and transport animals to the City designated shelter, house, provide medical care, euthanize, etc. which has a much bigger budget impact to the City. There are few kill shelters in this area so animals could be at the shelter for a long time. This behavior places a great financial burden on society when it goes unchecked. Council President Olson referred to Section 5.05.128.13, animal cruelty, which states "an owner of an animal is guilty of animal cruelty if the owners knowingly, recklessly, or with criminal negligence, 1) fails to provide the animal with necessary food.... abandons the animal...", She suggested adding B.3 under animal cruelty related to unethical serial breeding for profit that does not consider the health of the breeding animal. Instead of penalizing the breeder, this would get to the core of animal cruelty and not regulate whether people are breeding animals. Councilmember Nand responded given the City has a staff of two animal control officers for a city of 43,000, the amount of investigation inherent in determining whether a breeder has engaged in cruel or serial behavior might be too burdensome. It would be easier for the animal control officer to have a brightline rule allowing them to contact someone because breeding is not permitted in the City, giving them the power to impose a fine, and allowing the fine to be cured if the animal is spayed or neutered. She preferred to handle it that way versus attempting to create a new provision in animal cruelty laws which would bring people into the criminal justice system. Council President Olson expressed concern that the timeline to cure the fine also applied to the litter but spaying and neutering cannot occur until the animals are a certain age. She envisioned that timeline would be difficult to follow and implement. Councilmember Nand advised dogs typically cannot be spayed/neutered until they are six months old. The purpose of this provision is to deter the use of offspring for further breeding so she did not think a six month gap to have the animals spayed/neutered would be not too burdensome. The intent is to give the animal control officer a stick to stop commercial breeding before it spirals out of control which it frequently does for backyard breeders. MOTION CARRIED (4-3), COUNCILMEMBERS TIBBOTT AND DOTSCH AND COUNCIL PRESIDENT OLSON VOTING NO. 10. COUNCIL COMMENTS Councilmember Nand said she was honestly shocked and thanked the council for giving serious thought to her proposal. There were many great ideas and suggestions and if further amendments were necessary in the future, she was definitely open to collaboration. This is a gigantic step forward in terms of animal welfare and other jurisdictions, including Snohomish County, have expressed interest in this legislation. She thanked her fellow councilmembers, the administration, Officer Gilginas, PAWS and the local rescue community for their feedback and making a difference for vulnerable animals that cannot speak for themselves. Councilmember Paine commented tonight was an interesting, long meeting, the council started at 5:30. She commented on the dinner meeting with the Shoreline City Council that included an opportunity to talk Edmonds City Council Draft Minutes July 23, 2024 Page 28 Packet Pg. 53 8.3.a about things that are shared by the communities. She thanked staff for make that meeting happen and was hopeful Edmonds could host next time. Council President Olson congratulated Councilmember Tibbott for earning the Association of Washington Cities' Certificate of Municipal Leadership. The time investment in training is a benefit to the City and helps him be more knowledgeable and capable in his role as a councilmember. Councilmember Tibbott works a full-time job in addition to being a councilmember and found the time to earn this prestigious certificate. Councilmember Tibbott thanked Council President Olson for the recognition. He encouraged councilmembers to take advantage of the certificates from Municipal Leadership through AWC. There are hundreds of ways to build one's knowledge base and is a worthwhile pursuit. He reported on this weekend's amazing Sketcher Fest at the Edmonds Waterfront Center that drew artists from all over the world and included booths from Europe and South America. He had an opportunity to staff a booth promoting the Creative Arts District; one in five who stopped by were from Edmonds, the rest were from other cities and countries. Sketcher Fest was an opportunity to showcase the Edmonds Waterfront Center on beautiful 75 degree day. He plans to participate in Sketcher Fest next year. Councilmember Chen commented Edmonds residents are blessed to live in a community where art and activities take place in the summer months. He reminded of the Dragon Boat Festival at the Waterfront Center on August V from 4-7 pm. The event will include dragon boats, line dancing and other cultural activities for families to enjoy. Councilmember Eck, liaison to the Economic Development Commission (EDC), reported the EDC held their meeting at the Neighborhood City Hall last week and she hoped they would do that again. The EDC also held a joint meeting with the planning board recently and she hoped they would do that again as boards and commissions have many issues in common and there is room for cross pollination and idea sharing. 11. MAYOR'S COMMENTS Mayor Rosen reminded there is no council meeting next week. ADJOURNMENT With no further business, the council meeting was adjourned at 10:24 pm. Edmonds City Council Draft Minutes July 23, 2024 Page 29 Packet Pg. 54 8.4 City Council Agenda Item Meeting Date: 08/6/2024 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Lori Palmer Background/History Approval of payroll checks #66057 through #66058 for $7,173.56 dated July 19, 2024, direct deposit for $894,039.68, benefit checks #66059 through #66066 and wire payments for $907,275.18 for the pay period of July 1, 2024 through July 15, 2024. Staff Recommendation Approval of payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of payments. Attachments: 07-01-2024 through 07-15-2024 payroll earnings summary 07-01-2024 to 07-15-2024 benefit checks summary Packet Pg. 55 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,152 (07/01/2024 to 07/15/2024) Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 16.00 0.00 112 ABSENT NO PAY NON HIRED 8.00 0.00 118 ABSENT UNPAID L & 1 88.00 0.00 120 SICK SICK LEAVE - L & 1 80.00 3,429.54 121 SICK SICK LEAVE 713.50 37,785.50 122 VACATION VACATION 1,921.21 109,983.25 123 HOLIDAY HOLIDAY HOURS 311.00 16,644.17 124 HOLIDAY FLOATER HOLIDAY 32.00 1,507.42 125 COMP HOURS COMPENSATORY TIME 343.50 18,629.52 128 HOLIDAY Holiday Bank WWTP 130.50 6,376.45 129 SICK Police Sick Leave L & 1 3.00 184.91 131 MILITARY MILITARY LEAVE 8.00 342.96 132 JURY DUTY JURY DUTY 12.00 739.64 134 MILITARY MILITARY LEAVE -UNPAID 27.79 0.00 150 REGULAR HOURS Kelly Day Used 111.00 5,917.63 155 COMP HOURS COMPTIME AUTO PAY 96.00 6,199.34 160 VACATION MANAGEMENT LEAVE 199.00 18,174.72 190 REGULAR HOURS REGULAR HOURS 16,674.50 884,147.27 194 SICK Emergency Sick Leave 116.50 6,572.21 210 OVERTIME HOURS OVERTIME -STRAIGHT 142.25 8,891.09 215 OVERTIME HOURS WATER WATCH STANDBY 60.00 4,236.35 216 MISCELLANEOUS STANDBY TREATMENT PLANT 15.00 1,943.56 220 OVERTIME HOURS OVERTIME 1.5 221.25 19,434.74 225 OVERTIME HOURS OVERTIME -DOUBLE 14.00 1,136.45 400 MISCELLANEOUS MISC PAY 0.00 100.00 404 MISCELLANEOUS Medical Opt Out 0.00 1,100.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 1,190.51 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 1,832.49 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 67,819.22 602 COMP HOURS ACCRUED COMP 1.0 131.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 133.50 0.00 606 COMP HOURS ACCRUED COMP 2.0 3.00 0.00 609 COMP HOURS Commander Standy Accrual 13.00 0.00 901 SICK ACCRUED SICK LEAVE 1.15 0.00 8.4.a 07/18/2024 Packet Pg. 56 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,152 (07101/2024 to 07/15/2024) Hour Type Hour Class Description Hours Amount 902 MISCELLANEOUS BOOT ALLOWANCE 0.00 124.98 acc MISCELLANEOUS ACCREDITATION PAY 0.00 356.67 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 255.71 act ACTING PAY Acting sergeant 0.00 283.48 anc REGULAR HOURS Ancilary Duty Pay 0.00 254.36 anc2 REGULAR HOURS Ancilary Duty Pay 0.00 1,602.44 anc3 REGULAR HOURS Ancilary Duty Pay 0.00 1,567.74 boc MISCELLANEOUS BOC II Certification 0.00 237.66 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 226.78 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 118.83 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 660.00 det4 MISCELLANEOUS Detective 4% 0.00 1,301.62 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 928.36 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 849.10 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 12,638.56 fmla ABSENT FAMILY MEDICAL/NON PAID 4.00 0.00 furls SICK FAMILY MEDICAL/SICK 0.67 37.00 fmly VACATION Family Medical Leave Vacation 7.33 404.73 hol HOLIDAY HOLIDAY 1,414.06 75,018.80 k9 MISCELLANEOUS K-9 Assiqnment 0.00 414.20 Ian MISCELLANEOUS LANGUAGE PAY 0.00 450.00 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,246.91 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,121.50 Ig12 LONGEVITY Lonqevitv 9% 0.00 3,750.14 Ig13 LONGEVITY Lonqevitv 7% 0.00 1,518.56 Ig14 LONGEVITY Lonqevitv 5% 0.00 1,158.46 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 166.92 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 289.83 Iq4 LONGEVITY Lonqevitv 1% 0.00 1,195.60 Iq5 LONGEVITY Lonqevitv 3% 0.00 3,327.90 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 645.80 mela ABSENT Medical Leave Absent (unpaid) 11.00 0.00 pfmc COMP HOURS Paid Family Medical -Comp Used 30.00 1,771.72 pfmp ABSENT Paid Family Medical Unpaid/Sup 282.50 0.00 8.4.a Q 07/18/2024 Packet Pg. 57 Hour Type Hour Class Payroll Earnings Summary Report City of Edmonds Pay Period: 1,152 (07/01/2024 to 07/15/2024) Description Hours Amount pfms SICK Paid FAMILY MEDICAL/SICK 70.50 4,149.54 pfmv VACATION Paid Family Medical Vacation 5.00 227.14 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,851.56 St REGULAR HOURS Serqeant Pay 0.00 246.44 str MISCELLANEOUS PSET Sergeant 0.00 246.44 tac MISCELLANEOUS TAC Officer 0.00 207.10 to MISCELLANEOUS Traininq Officer 0.00 207.10 traf MISCELLANEOUS Traffic Officer - Car 0.00 414.20 trafm MISCELLANEOUS Traffic Motorcyle 0.00 207.10 23,450.71 $1,346,999.92 Total Net Pay: $901,213.24 8.4.a 07/18/2024 Packet Pg. 58 8.4.b Benefit Checks Summary Report City of Edmonds Pay Period: 1,152 - 07/01/2024 to 07/15/2024 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 66059 07/19/2024 bpas BPAS 7,277.61 0.00 66060 07/19/2024 chap1 CHAPTER 13 TRUSTEE 175.00 0.00 66061 07/19/2024 epoa2 EPOA-POLICE 9,000.00 0.00 66062 07/19/2024 epoa3 EPOA-POLICE SUPPORT 2,400.00 0.00 66063 07/19/2024 icma MISSIONSQUARE PLAN SERVICES 6,491.43 0.00 66064 07/19/2024 flex NAVIA BENEFIT SOLUTIONS 5,376.95 0.00 66065 07/19/2024 teams TEAMSTERS LOCAL 763 7,112.50 0.00 66066 07/19/2024 teamcom TEAMSTERS LOCAL 763 615.00 0.00 38,448.49 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3705 07/19/2024 awc AWC 463,919.66 0.00 3708 07/19/2024 us US BANK 186,632.30 0.00 3709 07/19/2024 mebt WTRISC FBO #N3177B1 165,122.70 0.00 3710 07/19/2024 pb NATIONWIDE RETIREMENT SOLUTION 6,838.56 0.00 3712 07/19/2024 wadc WASHINGTON STATE TREASURER 46,008.97 0.00 3714 07/19/2024 oe OFFICE OF SUPPORT ENFORCEMENT 304.50 0.00 868,826.69 0.00 Grand Totals: 907,275.18 0.00 7/18/2024 Packet Pg. 59 8.5 City Council Agenda Item Meeting Date: 08/6/2024 Approval of claim checks and wire payments. Staff Lead: Kimberly Dunscombe Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #263437 through #263513 dated July 18, 2024 for $363,336.02, claim checks #263514 through #263606 dated July 25, 2024 for $1,277,600.49 and wire payments of $25,338.06, $4,668.00, $5,399.39 & $4,953.89 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 07-18-24 Agenda copy Claims 07-25-24 Agenda copy Packet Pg. 60 8.5.a apPosPay Positive Pay Listing Page: 1 7/18/2024 11:53:24AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 070322 A&A LANGUAGE SERVICES INC 263437 7/18/2024 340.00 065052 AARD PEST CONTROL 263438 7/18/2024 103.87 000850 ALDERWOOD WATER DISTRICT 263439 7/18/2024 193,712.46 074718 AQUATIC SPECIALTY SERVICES INC 263440 7/18/2024 2,645.94 025217 ARG INDUSTRIAL 263441 7/18/2024 180.77 079642 ARTWISE NORTHWEST 263442 7/18/2024 4,200.00 064341 AT&T MOBILITY 263443 7/18/2024 1,748.82 079382 ATWELL LLC 263444 7/18/2024 4,642.50 064541 AURORA RENTS INC 263445 7/18/2024 220.80 079637 BUSTILLO, ROMSON REGARDE 263446 7/18/2024 600.00 073029 CANON FINANCIAL SERVICES 263447 7/18/2024 292.50 069813 CDW GOVERNMENT INC 263448 7/18/2024 7,034.30 003510 CENTRAL WELDING SUPPLY 263449 7/18/2024 131.27 079643 CHILDREN FOR THE FUTURE INC 263450 7/18/2024 780.00 035160 CITY OF SEATTLE 263451 7/18/2024 33.08 078902 COLEMAN OIL COMPANY LLC 263452 7/18/2024 38,131.79 070323 COMCAST BUSINESS 263453 7/18/2024 213.84 006626 DEPT OF ECOLOGY 263454 7/18/2024 125.00 075160 DIMENSIONAL COMMUNICATIONS 263455 7/18/2024 5,027.85 072145 DISTINCTIVE WINDOWS INC 263456 7/18/2024 43.02 079268 DOBBS PETERBILT 263457 7/18/2024 187.83 007675 EDMONDS AUTO PARTS 263458 7/18/2024 55.21 076610 EDMONDS HERO HARDWARE 263459 7/18/2024 209.29 008705 EDMONDS WATER DIVISION 263460 7/18/2024 3,498.99 079644 ELEVATED ADVENTURES LLC 263461 7/18/2024 560.00 079555 FERENCE, SCOTT 263462 7/18/2024 500.00 009815 FERGUSON ENTERPRISES INC 263463 7/18/2024 60.89 072493 FIRSTLINE COMMUNICATIONS INC 263464 7/18/2024 292.83 071562 FORMA 263465 7/18/2024 7,350.00 012199 GRAINGER 263466 7/18/2024 1,888.36 079061 GREENSTAGE 263467 7/18/2024 1,276.00 074722 GUARDIAN SECURITY SYSTEMS 263468 7/18/2024 69.53 078923 HKA GLOBAL INC 263469 7/18/2024 12,512.50 061013 HONEY BUCKET 263470 7/18/2024 282.05 014940 INTERSTATE BATTERY SYSTEMS 263471 7/18/2024 162.46 072422 JE HORTON INTERPRETING SVCS 263472 7/18/2024 130.00 076136 JEFF ANDERSON 263473 7/18/2024 650.00 078946 KITCHENS, KYLEE 263474 7/18/2024 303.00 067725 LES SCHWAB TIRE CENTER 263475 7/18/2024 3,996.31 079641 LIFENET HEALTH 263476 7/18/2024 400.00 074263 LYNNWOOD WINSUPPLY CO 263477 7/18/2024 482.29 068489 MCLOUGHLIN & EARDLEY GROUP INC 263478 7/18/2024 267.86 020039 MCMASTER-CARR SUPPLY CO 263479 7/18/2024 364.64 020900 MILLERS EQUIP & RENT ALL INC 263480 7/18/2024 209.95 018950 NAPAAUTO PARTS 263481 7/18/2024 105.25 064215 NORTHWEST PUMP & EQUIP CO 263482 7/18/2024 3,054.77 070166 OFFICE OF THE STATE TREASURER 263483 7/18/2024 16,529.91 073714 OLBRECHTS & ASSOC PLLC 263484 7/18/2024 561.50 063750 ORCA PACIFIC INC 263485 7/18/2024 800.68 027060 PACIFIC TOPSOILS 263486 7/18/2024 1,319.50 028860 PLATT ELECTRIC SUPPLY 263487 7/18/2024 1,121.24 072384 PLAY -WELL TEKNOLOGIES 263488 7/18/2024 4,160.00 029117 PORT OF EDMONDS 263489 7/18/2024 4,567.65 Page: 1 Packet Pg. 61 apPosPay Positive Pay Listing 7/18/2024 11:53:24AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 061540 REPUBLIC SERVICES #197 263490 7/18/2024 77.20 064769 ROMAINE ELECTRIC 263491 7/18/2024 2,158.36 067171 RWC INTERNATIONAL LTD 263492 7/18/2024 93.86 079640 SAHAFI, FLOCERFINA 263493 7/18/2024 1,300.00 066964 SEATTLE AUTOMOTIVE DIST INC 263494 7/18/2024 1,750.94 074868 SEATTLE WOMEN'S JAZZ ORCHESTRA 263495 7/18/2024 1,000.00 036955 SKY NURSERY 263496 7/18/2024 148.93 075590 SMARSH INC 263497 7/18/2024 136.49 037375 SNO CO PUD NO 1 263498 7/18/2024 1,999.99 070167 SNOHOMISH COUNTY TREASURER 263499 7/18/2024 237.90 074797 SUPER CHARGE MARKETING LLC 263500 7/18/2024 2,600.00 076984 TAKEKAWA, MIHO 263501 7/18/2024 400.00 067868 TANKNOLOGY INC 263502 7/18/2024 1,036.47 066056 THE SEATTLE TIMES 263503 7/18/2024 1,822.95 066056 THE SEATTLE TIMES 263504 7/18/2024 1,000.00 038315 TK ELEVATOR CORPORATION 263505 7/18/2024 1,981.24 068322 TRANE US INC 263506 7/18/2024 7,877.17 064423 USA BLUE BOOK 263507 7/18/2024 132.88 067865 VERIZON WIRELESS 263508 7/18/2024 27.49 069751 VESTIS 263509 7/18/2024 266.68 079645 VILLANUEVA, PRESTON 263510 7/18/2024 1,620.00 075635 WCP SOLUTIONS 263511 7/18/2024 4,544.91 071634 ZAYO GROUP LLC 263512 7/18/2024 1,874.06 011900 ZIPLY FIBER 263513 7/18/2024 1,110.20 GrandTotal: 363,336.02 Total count: 77 Page: 2 Packet Pg. 62 8.5.b apPosPay Positive Pay Listing Page: 1 7/24/2024 3:12:14PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 263514 7/25/2024 687.70 065052 AARD PEST CONTROL 263515 7/25/2024 278.46 074143 AFFORDABLE WA BACKFLOW TESTING 263516 7/25/2024 80.00 078469 AGUIRRE, RAUL 263517 7/25/2024 130.00 066001 AIR MARK CORPORATION 263518 7/25/2024 4,513.32 001528 AM TEST INC 263519 7/25/2024 280.00 079536 AMANDA HOUGH 263520 7/25/2024 1,400.00 079642 ARTWISE NORTHWEST 263521 7/25/2024 6,900.00 070305 AUTOMATIC FUNDS TRANSFER 263522 7/25/2024 573.50 002258 BENS EVER READY 263523 7/25/2024 235.37 070803 BITCO SOFTWARE LLC 263524 7/25/2024 27,625.00 074307 BLUE STAR GAS 263525 7/25/2024 806.00 079245 BOXLEY, DAVID 263526 7/25/2024 2,000.00 078467 BUILDERS FIRSTSOURCE INC 263527 7/25/2024 1,884.91 018495 CALPORTLAND COMPANY 263528 7/25/2024 669.02 073029 CANON FINANCIAL SERVICES 263529 7/25/2024 870.20 071816 CARLSON, JESSICA 263530 7/25/2024 1,279.30 069813 CDW GOVERNMENT INC 263531 7/25/2024 5,081.29 079643 CHILDREN FOR THE FUTURE INC 263532 7/25/2024 2,790.00 066134 CITY OF ARLINGTON EVOC 263533 7/25/2024 1,557.66 063902 CITY OF EVERETT 263534 7/25/2024 455.40 075384 CONOM LAW FIRM PLLC 263535 7/25/2024 817.50 070415 CRESSY DOOR CO INC 263536 7/25/2024 10,155.72 006200 DAILY JOURNAL OF COMMERCE 263537 7/25/2024 754.80 073823 DAVID EVANS & ASSOC INC 263538 7/25/2024 28,579.33 079614 DRY BOX INC 263539 7/25/2024 165.75 065739 DTG RECYCLE 263540 7/25/2024 288.48 079652 ECO TREE NW INC 263541 7/25/2024 2,210.00 076610 EDMONDS HERO HARDWARE 263542 7/25/2024 291.26 008705 EDMONDS WATER DIVISION 263543 7/25/2024 47,872.29 075200 EDUARDO ZALDIBAR 263544 7/25/2024 330.00 008812 ELECTRONIC BUSINESS MACHINES 263545 7/25/2024 1,002.67 079644 ELEVATED ADVENTURES LLC 263546 7/25/2024 480.00 074437 EMPLOYERS HEALTH COALITION WA 263547 7/25/2024 6,120.00 075505 ENGINEERED PROCESS CONTROLS 263548 7/25/2024 1,105.00 009350 EVERETT DAILY HERALD 263549 7/25/2024 378.40 009815 FERGUSON ENTERPRISES INC 263550 7/25/2024 553.67 009815 FERGUSON ENTERPRISES INC 263551 7/25/2024 42.21 074358 GEO-TEST SERVICES 263552 7/25/2024 7,083.00 063137 GOODYEAR AUTO SERVICE CENTER 263553 7/25/2024 1,068.76 079654 GZ EDMONDS LLC 263554 7/25/2024 276.39 079012 HARLOWE & FALK LLP 263555 7/25/2024 360.00 066575 HERC RENTALS INC 263556 7/25/2024 1,328.61 074966 HIATT CONSULTING LLC 263557 7/25/2024 200.00 070673 HID GLOBAL CORPORATION 263558 7/25/2024 1,904.28 076240 HM PACIFIC NORTHWEST INC 263559 7/25/2024 397.12 067862 HOME DEPOT CREDIT SERVICES 263560 7/25/2024 2,969.90 067862 HOME DEPOT CREDIT SERVICES 263561 7/25/2024 2,741.56 061013 HONEY BUCKET 263562 7/25/2024 872.85 076540 IMSA 263563 7/25/2024 100.00 077398 INCREDIFLIX INC 263564 7/25/2024 4,865.00 072627 INTRADO LIFE & SAFETY INC 263565 7/25/2024 537.50 075159 LIFE INSURANCE CO OF NO AMER 263566 7/25/2024 17,355.65 Page: 1 Packet Pg. 63 apPosPay Positive Pay Listing 7/24/2024 3:12:14PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 073603 LIGHTHOUSE LAW GROUP PLLC 263567 7/25/2024 61,551.90 076001 LUCIE R BERNHEIM, ATTYAT LAW 263568 7/25/2024 1,140.00 074263 LYNNWOOD WINSUPPLY CO 263569 7/25/2024 1,083.96 067834 NATIONAL CONSTRUCTION RENTALS 263570 7/25/2024 39.78 024100 NCCORCHUK, ROY 263571 7/25/2024 125.00 062594 NEW PIG CORPORATION 263572 7/25/2024 1,010.94 079312 NGUYEN, JAMES TRONG 263573 7/25/2024 130.00 064215 NORTHWEST PUMP & EQUIP CO 263574 7/25/2024 1,589.80 072739 O'REILLYAUTO PARTS 263577 7/25/2024 63.45 076902 OCCUPATIONAL HEALTH CTR OF WA 263575 7/25/2024 430.00 063750 ORCA PACIFIC INC 263576 7/25/2024 1,855.87 079649 PACIFIC RIM ENVIRONMENTAL INC 263578 7/25/2024 3,678.99 027060 PACIFIC TOPSOILS 263579 7/25/2024 164.01 079464 PERKINS EASTMAN ARCHITECTS DPC 263580 7/25/2024 29,740.00 028860 PLATT ELECTRIC SUPPLY 263581 7/25/2024 215.29 064167 POLLARD WATER 263582 7/25/2024 609.34 079646 PROCOM LLC 263583 7/25/2024 1,080.00 068697 PUBLIC SAFETY TESTING INC 263584 7/25/2024 1,784.00 062657 REGIONAL DISPOSAL COMPANY 263585 7/25/2024 858.20 079174 SAVANNAH POWERS 263586 7/25/2024 245.00 076328 SCJ ALLIANCE 263587 7/25/2024 116,061.45 068132 SHORELINE CONSTRUCTION CO 263588 7/25/2024 716,267.61 075628 SNO CO DEPT OF EMERG MGMT 263589 7/25/2024 14,876.50 037375 SNO CO PUD NO 1 263590 7/25/2024 25,855.21 063941 SNO CO SHERIFFS OFFICE 263591 7/25/2024 52,114.13 063941 SNO CO SHERIFFS OFFICE 263592 7/25/2024 1,950.00 074797 SUPER CHARGE MARKETING LLC 263593 7/25/2024 650.00 040917 TACOMA SCREW PRODUCTS INC 263594 7/25/2024 748.24 075025 THE BRANDING IRON LLC 263595 7/25/2024 467.09 072649 THE WIDE FORMAT COMPANY 263596 7/25/2024 232.05 068141 TRANSPO GROUP 263597 7/25/2024 14,923.75 044960 UTILITIES UNDERGROUND LOC CTR 263598 7/25/2024 336.60 069751 VESTIS 263599 7/25/2024 228.38 079645 VILLANUEVA, PRESTON 263600 7/25/2024 1,080.00 067195 WASHINGTON TREE EXPERTS 263601 7/25/2024 5,525.00 073552 WELCO SALES LLC 263602 7/25/2024 760.94 074609 WEST COAST ARMORY NORTH 263603 7/25/2024 280.70 078389 ZENNER USA 263604 7/25/2024 8,886.98 011900 ZIPLY FIBER 263605 7/25/2024 255.50 079650 ZIPPER GEO ASSOCIATES LLC 263606 7/25/2024 5,400.00 GrandTotal: 1,277,600.49 Total count: 93 Page: 2 Packet Pg. 64 8.6 City Council Agenda Item Meeting Date: 08/6/2024 Carbon Recovery Project - Amendment #3 Parametrix PSA Staff Lead: Ross Hahn Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The City of Edmonds and Parametrix,lnc. entered into an underlying Professional Services Agreement (PSA) contract in support of the Carbon Recovery Project, dated October 28, 2020. The original agreement was amended by Amendment No. 1, dated September 7, 2022 and by Amendment No. 2, dated June 15, 2023. Parametrix Amendment #3 to the Carbon Recovery Project was forwarded to the Consent Agenda by Parks and Public Works Committee July 16, 2023. Staff Recommendation Staff recommends that the contract time extension and not to exceed (NTE) limit increase be approved for signature on the Consent Agenda. Narrative The item is 2020-2025 Parametrix Carbon Recovery Project PSA - Amendment 3. Due to the length of the Carbon Recovery Project, we need to extend the expiration date of this contract from 6/30/24 to 6/30/25 and add $25,000 to the fund to ensure that we have the proper support in designing and installing the control systems and associated programs necessary for the gasification/dryer system to function. The original NTE amount was for support until 8/31/22, there have been two separate 1-year time extension amendments to this point due to length of project, neither one requiring any additional funding. Current remaining balance for this PSA is approximately $30k. Parametrix anticipates that it will require approximately $50k-$55k of total funding for them to complete the remaining portion of programming and instrumentation and controls work necessary to complete the project. Attachments: Parametrix Amendment 3 Packet to CC Packet Pg. 65 8.6.a Z O a V w c N o. 2024-07-11-Parametrix: (Contract Number CONTRACT ROUTING FORM r Originator: Ross Hahn Routed by: Batyah Chliek E Department/Division: VWVTP Date: 07/11/2024 EW- Name of Consultant/Contractor: Parametrix E Q CONTRACT TITLE: Parametrix Automated Controls System PSA - Amendment 3 a 0- IL Type of Contract: (GR) Grants I-- J ✓ I (S) Purchase of Services Z Lu ll'- Bid/RFP Number: Z q m 0 (1) Intergovernmental Agreement ❑ (L) Lease Agreement (W) Public Works n (0) Other p L �a C� 0 Effective Date: 09/30/2020 ciHas the original City contract boilerplate language been modified? I.- If yes, specify which sections have been modified: 0 Description v of Services: For the Construction Services portion of this PSA, which is for the Carbon Recovery Project part of this PSA. Total Amount of Contract: Budget # 423.100.7 .594.35 41.00 N J Budget # w c Q Budget # V Q Z Are there sufficient funds in the current budget to cover this contract. Completion Date: 06/30/2025 OYes O No Amount: Amount: Amount: O Yes O No $4313,130.00 i i i i --FT7-FT Z Remarks: LLE Original Contract Amt:. NTE $408,130--of that, $255,280 was for Construction Services for Carbon Recovery Project. Amendment 3 is for additional $25,000 & new 6/30/25 End Date for Construction Services as Carbon Recovery Project is extended. New Contract NTE amt is $433,130; Construction Services portion is $280,280. Authorization Level: I Mayor LI I ❑ 1. PW & Utilities Director Q 2. WWTP Manager Z 3. City Attorney 25 ❑ 4. Contractor y ❑ 5. Other 6. City Council Approval Date (if applicable) Q 7. Mayor Z 8. City Clerk I Packet Pg. 66 8.6.a 4`''' City of Edmonds MIKE ROSEN v J MAYOR 200 2ND AVE S • EDMONDS, WA 98020 •425-771-0237 y, PUBLIC WORKS AND UTILITIES DEPARTMENT- WASTEWATER TREATMENT PLANT �• 1M0 AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington (hereinafter the "City") and Parametrix, Inc. (hereinafter the "Consultant"), entered into an underlying Professional Services Agreement to support the automated control systems at the WWTP, dated October 28, 2020 ("Underlying Agreement"), which was amended by Amendment No. 1, dated September 7, 2022 ("Amendment No. 1") and by Amendment No. 2, dated June 15, 2023 ("Amendment No. 2"); and WHEREAS, Section 12 of the Underlying Agreement authorizes amendments only by written instrument properly signed by both parties; and WHEREAS, the parties desire to further amend the Underlying Agreement to adjust the period of performance and to increase the fees for continued services due to events outside the parties' control; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: The provisions of the Underlying Agreement of October 28, 2020 between the City and the Consultant, as amended by Amendment No. 1 and Amendment No. 2, all of which are attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, is further amended in, but only in, the following respects: A. Payments. Section 2.A. of the Underlying Agreement is hereby revised to read as follows: A. Payment for work accomplished under the terms of this Agreement shall be in the amount established for each task order for work described in Exhibit A. The total amount of the Design Phase will not exceed the sum of seventy-seven thousand, eight hundred fifty dollars ($77,850.00); the total amount of the Construction Phase will not exceed the sum of two hundred eighty thousand, two hundred eighty dollars ($280,280.00); and the total amount of the On -call Phase will not exceed the sum of seventy-five thousand dollars ($75,000.00). The total amount of this Agreement will not exceed four hundred thirty-three thousand, one hundred thirty dollars ($433,130.00). B. Period of Performance. Section 6 of the Underlying Agreement is hereby further amended to read as follows: Packet Pg. 67 Amendment No. 3 to Professional Services Agreement, Page 2 8.6.a 6. Period of performance. The period of performance for Phase A shall be from 09/30/2020 to 08/31/2022. The period of performance for Phase B shall be from 02/l/2021 to 06/30/2025. The Consultant shall perform the work authorized by this Agreement promptly, in accordance with the receipt of the required governmental approvals. C. Exhibit A. The dates set forth in Exhibit A to the Underlying Agreement regarding the anticipated timeline of performance of work are hereby adjusted to conform with the dates set forth above. 2. In all other respects, the Underlying Agreement, as amended by Amendment No. 1 and Amendment No. 2, shall remain in full force and effect, further amended as set forth herein, but only as set forth herein. DATED this day of 2024. CITY OF EDMONDS PARAMETRIX, INC. Mike Rosen, Mayor John C. Hungerford, Division Manager ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 68 Amendment No. 3 to Professional Services Agreement, Page 3 8.6.a STATE OF WASHINGTON ) )ss COUNTY OF PIERCE ) 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 John C. Hungerford, to me known to be the Division Manager of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he 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: Packet Pg. 69 City of Edmonds 8.6.a Parametrix Modified Puget Sound Billing Rates - through June 30, 2025 Classification Grade Rate for Classification Billing 2024/25 CADD Operator 1 8 $120 CADD Operator 11 9 $130 CADD Operator 111 11 $145 CADD Supervisor/Technical Lead 12 $155 CADD Services Manager 14 $180 Jr. Designer 8 $120 Designer 1 10 $140 Designer 11 11 $150 Designer 111 12 $160 Designer 111 13 $170 Designer IV 14 $180 Sr. Designer 15 $200 Sr. Designer 16 $220 Sr. Designer 17 $235 Jr. Engineer 8 $120 Engineer 1 10 $145 Engineer 11 11 $150 Engineer III 12 $160 Engineer III 13 $175 Engineer IV 14 $195 Sr. Engineer 15 $225 Sr. Engineer 16 $240 Sr. Engineer 17 $260 Sr. Consultant 18 $300 Sr. Consultant 19 $310 Electrical Designer 1 11 $155 Electrical Designer 11 12 $170 Electrical Designer 111 13 $185 Electrical Designer IV 14 $190 Sr. Electrical Designer 15-16 $235 Sr. Electrical Designer 17 $255 Electrical Engineer 1 11 $155 Electrical Engineer 11 12 $165 Electrical Engineer 111 13 $180 Electrical Engineer IV 14-15 $220 Sr. Electrical Engineer 16-17 $240 Sr. Electrical Engineer 18 $285 Jr. Surveyor 8 $115 Surveyor 9 $125 Surveyor 11 10 $130 Surveyor 111 11 $150 Sr. Surveyor 12 $160 Sr. Surveyor 13 $185 Survey Supervisor 14-15 $205 Survey Supervisor 16-17 $225 Survey Prevailing Wage* Jr. Inspector 8 $120 Construction Inspector 10-11 $145 Sr. Construction Inspector 12-13 $160 Resident Engineer 13 $175 Resident Engineer 14 $185 Construction Manager 1 12-14 $185 Construction Manager 11 15-17 $200 Sr. Construction Manager 15 $220 Sr. Construction Manager 16-17 $250 Owner's Representative 18-19 $275 Division Manager 16-17 $250 Division Manager, Regional DM 18-19 $285 Operations Manager 16-17 $250 Operations Manager 18-19 $285 Project Delivery Manager 18-20 $295 Principal Consultant 19 $300 Principal Consultant 20 $320 Vice President/Sr. Vice President 18-20 $320 Grade Rate for Billing 2024125 Jr. Planner 8 $120 Planner 1 10 $135 Planner II 11 $145 Planner III 12 $155 Planner III 13 $165 Planner IV 14 $180 Sr. Planner 15 $205 Sr. Planner 16 $225 Sr. Planner 17 $240 Jr. Scientist/Biologist 8 $120 Scientist/Biologist 1 10 $135 Scientist/Biologist II 11 $145 Scientist/Biologist III 12 $155 Scientist/Biologist III 13 $165 Scientist/Biologist IV 14 $180 Sr. Scientist/Biologist 15 $200 Sr. Scientist/Biologist 16 $225 Sr. Scientist/Biologist 17 $240 Environmental Technician I 7-8 $120 Environmental Technician II 9 $130 Environmental Technician III 10 $135 Jr. Hydrogeologist 8 $120 Hydrogeologist I 10 $130 Hydrogeologist II 11 $145 Hydrogeologist III 12-13 $160 Hydrogeologist IV 14 $185 Sr. Hydrogeologist 15 $200 Sr. Hydrogeologist 16 $220 Sr. Hydrogeologist 17 $240 GIs Technician 9 $130 GIs Analyst 10 $135 Sr. GIs Analyst 11 $145 Graphic Designer 10-11 $145 Sr. Graphic Designer 12-13 $160 Publications Specialist I 8 $110 Publications Specialist II 9-10 $130 Sr. Publications Specialist 10-11 $145 Publications Supervisor 12-13 $165 Technical Editor 10-11 $145 Sr. Technical Editor 12-13 $155 Technical Aide 7 $110 Sr. Technical Aide 8 $120 Project Coordinator 9 $130 Sr. Project Coordinator 10 $140 Project Controls Specialist 11 $150 Sr. Project Controls Specialist 12-13 $175 Project Accountant 9 $130 Sr. Project Accountant 10-11 $150 Accounting Specialist 9 $130 Sr. Accounting Specialist 10-11 $140 Admin Assistant 7 $110 Sr. Admin Assistant 8 $120 Office Administrator 10-11 $145 Sr. Office Administrator 12-13 $155 Office Administrative Manager 14-15 $185 Business Manager, Rgnl Off Mgr 15-16 $205 Sr. Contract Administrator 12-13 $165 Director of Risk Management 20 $300 UAV Pilot 12-13 $195 Expert Witness $400 * Prevailing Wage Rates apply to construction surveying on all Washington Public Works Projects. Packet Pg. 70 8.6.a ORIGINAL PARAMETRIX PSA ► 9 AMENDMENTS &2 Packet Pg. 71 8.6.a PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Parametrix, Inc., hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of an experienced Controls consultant to support the automated control systems at the WWTP; NOW, THEREFORE, in consideration of 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 in the amount established for each task order for work described in Exhibit A. The total amount of the Design Phase will not exceed the sum of seventy-seven thousand, eight hundred fifty dollars ($77,850.00); the total amount of the Construction Phase will not exceed the sum of two hundred fifty-five thousand, two hundred eighty dollars ($255,280.00); and the total amount of the On -call Phase will not exceed the sum of seventy-five thousand dollars ($75,000). The total amount of this Agreement will not exceed four hundred eight thousand, one hundred thirty dollars ($408,130.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. Vouchers shall identify the billings for each Task Order separately. The City shall pay the appropriate amount for each voucher to the Consultant within thirty (30) days of receipt. 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. Authorization to proceed: Any services performed by the Consultant that will result in costs billed to the City, shall be performed only after receipt of a written Task Order signed by the Public Works Director, or in his/her absence, the Wastewater Treatment Plant Manager. The City is not obligated or required to authorize any payment or any services performed by the Consultant without a written Task Order. 4. Task Orders: A Task Order will be issued for each separate task that the City requests the Consultant to perform. Prior to issuance of a Task Order, City staff and the Consultant shall agree upon the scope of work for the task and the cost of the task —either lump sum or time -and -expenses, with a not -to - exceed amount. A. For all Task Orders exceeding $7,000, the Consultant shall submit a written scope and fee estimate prior to issuance of a Task Order. Task Orders shall be issued on the Task Order Form included as Attachment 1 to the Scope of Work, Exhibit A. B. Compensation for each Task Order shall be on either a lump sum or time -and -expenses (not -to -exceed) basis. Compensation by the City of Consultant's outside expenses and sub -consultant costs will be at the actual direct cost of the Consultant plus seven percent (7%). City of Edmonds/Parametrix Professional Services Agreement Page 1 of 14 Packet Pg. 72 8.6.a 5. Ownership and use of documents. All research, tests, surveys, preliminary data 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, 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. 6. Period of performance. The period of performance for Phase A shall be from September 30, 202 to January 31, 2021. The period of performance for Phase B shall be from February 1, 2021 to May 31, 2022. The Consultant shall perform the work authorized by this Agreement promptly, in accordance with the receipt of the required governmental approvals. 7. 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. 8. 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). r c m E c m Q r m 0 L a m 0 c 0 �a c.> City of Edmonds/Parametrix Professional Services Agreement Page 2 of 14 Packet Pg. 73 8.6.a 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 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. 9. 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. 10. 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. 11. 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 quasi-judicial review of the City without written notification to the City and the City's prior written consent. 12. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 13. Integration. The Agreement between the parties shall consist of this document, its Appendices and 2, the Scope of Work attached hereto as Exhibit A and its Attachment 1. 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, Attachment 1, or Appendices 1 and 2, this Agreement shall control. City of Edmonds/Parametrix Professional Services Agreement Page 3 of 14 Packet Pg. 74 8.6.a 14. 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 additional authorized 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. 15. Standard of care. The Consultant represents that s/he has the necessary knowledge, skill and experience to perform the 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. 16. 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. 17. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 18. Covenant against contingent fees. The Consultant warrants that s/he has 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 s/he has 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. 19. 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 for licensing, certification, and operation of facilities, programs, and accreditation, licensing of individuals and any other standards or criteria, as described in the Agreement, to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B&0) taxes which may be due on account of this Agreement. 20. Notices. Notices to the City of Edmonds shall be sent to the following address: Pamela Randolph City of Edmonds WWTP 200 Second Ave S Edmonds WA 98020 Notices to the Consultant shall be sent to the following address: JC Hungerford Parametrix, Inc. 1019 39' Avenue SE, Suite 100 Puyallup WA 98374 City of Edmonds/Parametrix Professional Services Agreement Page 4 of 14 Packet Pg. 75 8.6.a Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mail, with proper postage and properly addressed. DATED THIS 28th DAY OF October , 2020. CITY OF EDMONDS PARAMETRIX, INC. By . Mi ael Nelson, Mayor Its h/ 47r,- - SoG u7 (aii tS 1oj J IS oN /�An^a C-c ATTEST/AUTHENTICATED: Nicholas Falk for Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ss COUNTY OF �It On this _ �' r-A day of ZC , 20 Q before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared m hn C , u•r, Q.r- , tome known to be the Di V I S wy n of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. $lo•��� A ST C!h►i n. My commission expires: 6 �l ��0� O N ; nva U`v a Z ,,1b t O AO = � S I�ili10F WASN;�.��� City of Edmonds/Parametrix Page 5 of 14 Professional Services Agreement Packet Pg. 76 8.6.a EXHIBIT A SCOPE OF WORK ENGINEERING SERVICES 1. Scope. Design Phase: Performing the Control (I&C) design and supervisory control and data acquisition system (SCADA) integration planning for the Carbon Recovery Project Plan B, specifically confined to the PLC- 101 and PLC-601 electrical enclosures, as outlined in Exhibit Al. Time Frame: September 30, 2020 to January 31, 2021. Budget not -to -exceed $77,850.00 Construction Phase: The Consultant shall provide modifications to the PLC-101 and PLC-601 programs, Wonderware program and historian, as well as construction support for the Carbon Recovery Project Plan B at the City of Edmonds Wastewater Treatment Plant (WWTP), as outlined in Exhibit A2. Time Frame: February 1, 2021 to May 31, 2022. Budget not -to -exceed $255,280.00. On -call Phase: The Consultant shall provide engineering services to the City of Edmonds on an on -call basis, as outlined in Exhibit A3. Time Frame: September 30, 2020 to December 31, 2022. Budget not -to -exceed $75,000.00 City of Edmonds/Parametrix Professional Services Agreement Page 6 of 14 Packet Pg. 77 Parametrix Exhibit AI ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCE'_ 8.6.a SCOPE OF WORK City of Edmonds Carbon Recovery Project — Design Phase Per our understanding of the Carbon Recovery Project at the City of Edmonds Wastewater Treatment Plant (WWTP), Parametrix offers the following scope for the design phase of this project. This scope includes performing the Control (I&C) design and supervisory control and data acquisition system (SCADA) integration planning for the Carbon Recovery Project Plan B. Design Phase — 2020 Assumptions Our current understanding of the project is as follows: • The project will be under contract no later than September 30, 2020. • The design phase of the project will last approximately 4 months and be completed no later than January 31, 2021. • This scope of work is confined to the PLC-101 and PLC-601 electrical enclosures. • Programming changes to the existing controls or SCADA system are not included in this scope of work. • Parametrix is responsible for PLC and SCADA design integration into City -owned PLC equipment only. • Programming of the equipment supplied with the PLCs, such as Ecoremedy equipment, Schwing system, and Odor Control, is by others. • Process and Instrumentation diagrams (P&ID) are not included in this scope of work. • Parametrix will identify, with input from the process engineering team, areas of the WWTP Control Strategies that will require updating. Actual updates to the WWTP Controls Strategies will occur during the construction phase and are not included in this scope of work. • Responsibility for the following areas of design is by others: ❑ Power. ❑ MCC. ❑ Manual/local field control. Conduit and cable. City of Edmonds/Parametrix Professional Services Agreement Page 8 of 14 Packet Pg. 78 8.6.a This scope of work does not include the cost to prepare bid ready I/C design sheets. Instead, Parametrix will update the previous technical memorandum submitted as part of the previous Carbon Recovery Project referred to as plan "A", this project as described below. Approach Our approach to this scope of work includes: • Subtask 01: • Subtask 02: • Subtask 03: months. • Subtask 04: • Subtask 05: • Subtask 06: updating Deliverables Project Management Existing Drawing & Memo Updates Conference Calls & Meetings — monthly on -site meetings, bi-monthly calls, for 6 SCADA Integration Planning for new and removed equipment PLC Integration Planning for new and removed equipment Control Strategy Planning to identify areas of the WWTP control strategies for The design phase deliverables shall include the following: • Technical memorandum supporting changes to the existing PLC- 1Oland PLC-601. • The 60% design by November 30, 2020, will include in tabular PDF format VO flagged for deletion for equipment being removed or replaced, and 1/0 assignment for new equipment if needed. Process design team to provide VO type and quantity no later than November 1, 2020. • The 100% design to be completed by January 29, 2021, after receipt of the 60% comments. Final design documents will include a final technical memorandum in PDF format, PLC601 VO wiring diagrams, and an updated WWTP control network diagram. Construction Phase The Construction Phase tasks are NOT included in this scope of work. Items associated with the construction phase of this project may include but are not limited to: • Providing general project support during the construction phase of the project including submittal reviews. • PLC and SCADA programming off -site prior to startup and testing. • On -site PLC and SCADA programming including startup and testing. • Final 1/0 drawing updates from field redline markups from electrical contractor. • Final WWTP Control strategies. We propose to perform the Design Phase tasks on a time -and -materials basis with a not -to -exceed budget of $77,850. City of Edmonds/Parametrix Professional Services Agreement Page 9 of 14 Packet Pg. 79 8.6.a ha ra metrix Exhibit A2 ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES SCOPE OF WORK City of Edmonds Carbon Recovery Project —Construction Phase Parametrix has completed our review of the Plan B Preliminary Design submittal provided by the city on April 20, 2020 and equipment list. The services include modifications to the PLC-601 program, Wonderware program and historian, as well as construction support for the Carbon Recovery Project Plan B at the City of Edmonds Wastewater Treatment Plant (WWTP). Changes from the previous cost estimate are based on the reduction of hardwired I/O, the amount of equipment screens running on Wonderware, and the adjustment of labor rates through 2022. Construction Phase Assumptions Our current understanding of the project is as follows: • Construction and programming phase will begin February 1, 2021. • Programming integration phase of the project will last 6 months and be completed no later than December 31, 2021. • Callbacks for final testing and commissioning will be completed between January 1, 2022 and May 31, 2022. • The scope of this estimate is primarily confined to the software and integration of PLC-101 and PLC- 601. Minor modifications to software in the 300 and 500 building are required, however there will be no hardware modifications will be required in those areas. • All I/O marked "Delete" on the 100% PLC- 101 and PLC-601 1/0 list from Project A will require reprogramming or deletion from the existing control system. • Hardware modifications to PLC-1 and PLC-601, wiring and terminating within the enclosure, is by others. • Programming of the equipment supplied with PLCs, including the Ecoremedy system, Schwing pump, Screening equipment and odor control unit (OCU), is by others. • Assuming the following number of screens and pop -ups for each equipment supplied with a local Human Machine Interface (HMI): Ecoremedy equipment: 7 overview display screens with approximately 38 popup display. Assuming screens are not Wonderware. ❑ Schwing pumps: 24. Assuming screens are not Wonderware. ❑ OCU package: 10. Assuming screens are Wonderware InTouch. ❑ Screening conveyance: 24. Assuming screens are not Wonderware. City of Edmonds/Parametrix Page 10 of 14 Professional Services Agreement Packet Pg. 80 8.6.a • Assuming vendor local HMI screens provided in Wonderware InTouch or Wonderware System Platform per WWTP Standard and are importable to Edmonds SCADA system. HMI hardware not programmed in Wonderware InTouch will need to be reproduced for Edmonds SCADA system. • Wonderware InTouch Edge will not be provided in lieu of Wonderware InTouch for vendor local HMI. Scope of Work assumes that vendor HMI graphics will be importable to Edmonds SCADA system, which is not possible with the current version of InTouch Edge at the time of this memo delivery. • Assuming the vendor HMI and PLC software will be provided to Parametrix, before construction begins, no later than February 1, 2021. • All new equipment will communicate via plant communications network through EtherNet/IP • Assuming electrical design including conduit, cable schedules, and MCC modifications is by others • Parametrix will be responsible for updates to the WWTP Controls Strategies based on vendor - supplied operations and maintenance manuals. Approach Our approach to this scope of work during the Construction Phase includes: • Subtask 01: Project Management & QA/QC • Subtask 02: General Support & Submittal Review — monthly on -site meetings, bi-monthly calls • Subtask 03: Temporary Operation for screenings • Subtask 04: SCADA Programming ❑ Program discrete and analog in PLC-101 and PLC-601 for new equipment that is not covered by a vendor PLC. ❑ Import Wonderware screens and pop -ups from OCU HMI into Edmonds SCADA. ❑ Produce HMI screens and pop-up for Edmonds SCADA for the Schwing pumps, Ecoremedy equipment, and screenings conveyance. • Subtask 05: Programming — Demo PLC & SCADA ❑ All I/O marked "DEMO" in the 100% PLC- 10land PLC-601 I/O lists will have respective PLC program, SCADA system (Wonderware) objects, and historian tags deleted. • Subtask 06: Startup and Testing all new SCADA screens and pop -ups on Edmonds SCADA system • Subtask 07: Drawing Updates for PLC-101 and PLC-601 instrumentation As-Builts • Subtask 08: Call Backs for final testing and commissioning • Subtask 09: Report Updates • Subtask 10: Control Strategy Updates Based on the Plan B Preliminary design, equipment submittals and the assumptions noted above, we propose to perform the Construction Phase tasks on a time -and -material basis with a not -to -exceed budget of $255,280.00. City of Edmonds/Parametrix Professional Services Agreement Page 11 of 14 Packet Pg. 81 8.6.a Parametrix Exhibit A3 ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES W-_ A SCOPE OF WORK City of Edmonds On -call Support On -call Phase The Parametrix shall provide engineering services to the City of Edmonds on an on -call basis. Services may include a wide range of electrical, SCADA programming, SCADA graphics, emergency response, Hachwims support, control system design or other related engineering services to support the City in City projects or other City requirements. The work will be done through Task Orders as outlined in Section 4 of the agreement, on a time -and -material basis with a not -to -exceed budget of $75,000.00. City of Edmonds/Parametrix Professional Services Agreement Page 12 of 14 Packet Pg. 82 APPENDIX 1 (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. 2. 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. 3. 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/Vendor'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. 5. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's/Vendor'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. City of Edmonds/Parametrix Professional Services Agreement Page 13 of 14 Packet Pg. 83 8.6.a APPENDIX 2 (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 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). City of Edmonds/Parametrix Professional Services Agreement Page 14 of 14 Packet Pg. 84 DocuSign Envelope ID: DEA54F4F-CDOC-4CB9-AOB5-4F63DC6E24C3 8.6.a City of Edmonds MIKE NELSON MAYOR 200 2ND AVE S • EDMONDS, WA 98020 •425-771-0237 PUBLIC WORKS AND UTILITIES DEPARTMENT— WASTEWATER TREATMENT PLANT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington (hereinafter the "City") and Paramek-ix, Inc., (hereinafter the "Consultant"), entered into an underlying Professional Services Agreement to support the automated control systems at the W WTP, dated October 28, 2020 ("Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement authorizes amendments only by written instrument properly signed by both parties; and WHEREAS, the parties desire to amend the Underlying Agreement to adjust the period of performance due to events outside the parties' control; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: The provisions of the Underlying Agreement of October 28, 2020 between the City and the Consultant, attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, is amended in, but only in, the following respects: A. Period of Performance. Section 6 of the Underlying Agreement is hereby amended to read as follows: 6. Period of performance. The period of performance for Phase A shall be from 09/30/2020 to 08/31/2022. The period of performance for Phase B shall be from 02/1/2021 to 06/30/2023. The Consultant shall perform the work authorized by this Agreement -promptly, in accordance with the receipt of the required governmental approvals. B. Exhibit A. The dates set forth in Exhibit A to the Underlying Agreement regarding the anticipated timeline of performance of work are hereby adjusted to conform with the dates set forth above. 2. In all other respects, the Underlying Agreement shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this 7th day of September 2022. Packet Pg. 85 DocuSign Envelope ID: DEA54F4F-CDOC-4CB9-AOB5-4F63DC6E24C3 8.6.a Amendment No. 1 to Professional Services Agreement, Page CITY OF EDMONDS PARAMETRIX, INC. DocuSigned by: 17A625FA7657432— - Michael Nelson, Mayor ohn C. Hungerfo , Division Manager ATTEST/AUTHENTICATED: DocuSigned by: 7B732FF8F8DD4AB... Scott Passey, City Clerk APPROVED AS TO FORM: L ignend -- Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF PIERCE ) On this �0� day of ��� 2022, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John C. Hungerford, to me known to be the Division Manager of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. .�'•o ''- t10TARy 'o PUBLIC o 141184111111 bill NOTARY PUBLIC My commission expires: 1 ala-0I/ '),b 5LA4 Packet Pg. 86 8.6.a OF k VAS o 41� Cityof Edmonds MIKE NELSON MAYOR 200 2ND AVE S • EDMONDS, WA 98020 9425-771-0237 PUBLIC WORKS AND UTILITIES DEPARTMENT— WASTEWATER TREATMENT PLANT ANC. I s40 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington (hereinafter the "City") and Parametrix, Inc. (hereinafter the "Consultant"), entered into an underlying Professional Services Agreement to support the automated control systems at the WWTP, dated October 28, 2020 ("Underlying Agreement"), which was amended by Amendment No. 1, dated September 7, 2022 ("Amendment No. I"); and WHEREAS, Section 12 of the Underlying Agreement authorizes amendments only by written instrument properly signed by both parties; and WHEREAS, the parties desire to further amend the Underlying Agreement to adjust the period of performance due to events outside the parties' control; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: The provisions of the Underlying Agreement of October 28, 2020 between the City and the Consultant, as amended by Amendment No. 1, both of which are attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, is further amended in, but only in, the following respects: A. Period of Performance. Section 6 of the Underlying Agreement is hereby further amended to read as follows: 6. Period of performance. The period of performance for Phase A shall be from 09/30/2020 to 08/31/2022. The period of performance for Phase B shall be from 02/l/2021 to 06/30/2024. The Consultant shall perform the work authorized by this Agreement promptly, in accordance with the receipt of the required governmental approvals. B. Exhibit A. The dates set forth in Exhibit A to the Underlying Agreement regarding the anticipated timeline of performance of work are hereby adjusted to conform with the dates set forth above. 2. In all other respects, the Underlying Agreement, as amended by Amendment No. 1, shall remain in full force and effect, further amended as set forth herein, but only as set forth herein. [Signatures on following page] Packet Pg. 87 DocuSign Envelope ID: A4DB3B79-B1DB-4AD9-B751-OD82FCBF7AFB 8.6.a Amendment No. 2 to Professional Services Agreement, Page 2 DATED this , ��day of 2023. CITY OF EDMONDS PARAMETRIX, INC. DocuSigned by: Il�t.ic�.ac,l, Michael Nelson, Mayor ohn C. Hungerford, ision Manager as E ATTEST/AUTHENTICATED: CITY OF EDMONDS = DocuSigned by: DocuSigned by: E�-SCA.V' Qln�(�ew 4AB Scott Passey, City Clerk Oscar Antillon, Public Works and Utilities Director o a a� APPROVED AS TO FORM: 0 m DocuSigned by: s(vbvt, r4s = 0 L M Office of the City Attorney 0 STATE OF WASHINGTON ) )ss COUNTY OF PIERCE ) On thisa y of 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John C. Hungerford, to me known to be the Division Manager of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNES,5,jy„ And and official seal hereto affixed the day and year first above written A STj�''��.,�� '11619' ., r NOTARY NOTARY PUBLIC o pU0L1C N� = My commission expires: N ?02�: •sin Packet Pg. 88 8.7 City Council Agenda Item Meeting Date: 08/6/2024 ILA between PD and UW Staff Lead: Assistant Chief Rod Sniffen Department: Police Services Preparer: Alexandra Ehlert Background/History The attached ILA is an agreement between the PD and UW to allow our officers to work at UW football games on overtime basis and is fully reimbursed by the University of Washington. With the current city budget situation, this will allow our officers to work overtime shifts at no cost to the City. This ILA was previously approved for the 2023/2024 season, although our staff did not work any sporting events at UW last year. No language changes were made, only the effective dates were changed to reflect through 2025. Staff Recommendation Staff is asking Council to approve this ILA for the Mayor to sign on the consent agenda. Narrative <Type or insert text here> Attachments: City of Edmonds to University of Washington for Law Enforcement Services Packet Pg. 89 8.7.a of I VA 0'V 1. J' ANc.IS90 CONTRACT ROUTING FORM No. (City Clerk Use Only) Z Originator: Police Department I Routed by: I Police Department O Department/Division: Police Department I Date: 8/1/2024 INEEMEN Name of Consultant/Contractor: University of Washington Police Department wCONTRACT TITLE: Law Enforcement Services 0 Type of Contract: ® (GR) Grants O (1) Intergovernmental Agreement (L) Lease Agreement Z _, (S) Purchase of Services (W) Public Works (0) Other W ll'— Project/Bid/RFP No: Z v Effective Date: 08/01 /2024 uHas the original contract boilerplate language been modified? I.- If yes, specify which sections have been modified: pDescription V of Services: Total Amount of Contract: Completion Date: 06/30/2025 Yes No Amount: y Budget # Budget # J Amount: W Budget # Budget # 0 -J Amount: Q Budget # Budget # C� Z Are there sufficient funds in the current budget to cover this contract? Yes Q Z Remarks: Authorization Level: W ❑ 1. Project Manager Q ❑ 2. Risk Management/Budget Z ❑ 3. City Attorney 2 ❑ 4. Consultant/Contractor N ❑ 5. Other No ❑ 6. City Council Approval ❑ Date (if applicable) ❑ 7. Mayor ❑ 8. City Clerk MEMEMMEMS Amount: I !111 1 WOMEN Ell Packet Pg. 90 8.7.a Agreement between the City of Edmonds and the University of Washington Police Department for Law Enforcement Services This Agreement between the City of Edmonds (the "City") and the University of Washington Police = Department ("UWPD"), together the "Parties," for Law Enforcement Services is for services that will be f6 provided by the Edmonds Police Department ("EPD") (individually, a "Party"; collectively, the "Parties"). a c a� WHEREAS, UWPD has requested EPD law enforcement services and officer presence in and around the 3 University of Washington (UW), during UW home sporting events; a WHEREAS, EPD desires to provide such law enforcement services and officer presence, and is qualified to do so;in NOW THEREFORE, the City and UWPD hereby agree: 1. Duration: This Agreement is effective upon signature by all parties and shall extend through June 30, 2025. Thereafter, this Agreement may be extended for one-year periods beginning July 1 of each year, by fulfilling the Annual Renewal Requirements below. 2. Annual Renewal Requirements: UWPD and EPD will work together to review and update the Scope of Services as listed below by June 30 each year, for the following year's services. 3. Scope of Services to be Performed by EPD: A. General Terms: ■ Contract Period: Upon signature to June 30, 2025 ■ Service type (full- or part-time): Overtime law enforcement officer services Each ■ Compensation rate: officer's actual overtime rate plus benefits ■ Date of Scope of Services update: August 1, 2024 B. Dates and Staffing: Dates j Time Staffing need estimate UW Home Football Games The specific times and Provided by EPD: for the 2024-2025 Season number of hours requested for each home football game Washington State certified and Other Special Events as agreed is still to be determined. commissioned police officers upon by both parties However, UWPD is providing policing services. The estimating roughly eight (8) number of staff requested will be hours of work per officer per determined 7 days prior to each I I game. game. Other special events TBD Agreement City of Edmonds and University of Washington Police Department for Law Enforcement Services 1ofS Packet Pg. 91 8.7.a The number of hours and number of commissioned officers requested is subject to revision after the evaluation of each game. Changes to the above staffing will be mutually agreed to by UWPD and EPD prior to any modification being made. C. Specific Services to Be Provided: Officers assigned to support UWPD in this agreement shall provide law enforcement services D for home football games and various special events, at the discretion of the City of Edmonds's Chief of Police. Such services shall include but are not limited to addressing issues of safety and f° security. Service also includes ensuring safety and security of patrons, employees, staff and a - visitors to University of Washington home football games and special events. Officers are expected to serve as a visual deterrent and liaison to patrons and employees for a majority of 3 their work shift at the home football game and special event assignment. These services are r aD provided in uniform and may be accompanied by a bicycle or authorized police vehicle unless a requested otherwise by UWPD. _- EPD officers assigned to specific tasks and/or posts and will perform their work under the direction of the EPD supervisor if one is working at the football game or special event. If no EPD supervisor is working, the EPD officers will work under the direction of a UWPD supervisor. UWPD incident commander is in charge and responsible for overall coordination with EPD supervisors and/or officers in support of the home football game and/or special event. D. Mutual goals, Understanding and Annual Update of the Scope of Services: 1. The Parties agree that the goal of increased law enforcement presence at home UW football games and special events is to enhance both the security of the UW venue and the safety of those in attendance. EPD will make all reasonable attempts to provide staff as requested by UWPD. However, UWPD understands that unusual law enforcement occurrences or demands could arise which prevent EPD from staffing as needed to fulfill the request. UWPD and EPD may mutually agree to update the Scope of Services, Section 3, as needed to adjust dates, staffing, cost, reporting, scope of work, and other necessary elements. 4. UWPD Responsibilities: A. UWPD will list anticipated staffing needs and agrees to send updated/final staffing requests to EPD for each home game as soon as the game start time has been determined (usually 7-10 days prior game day). B. UWPD agrees to designate an Incident Commander to be present for each game. 5. Compensation and Method of Payment: UWPD will pay the City for services rendered. A. RATE- Work performed under this Agreement will be billed at each officer's actual overtime rate plus benefits. Actual overtime rates vary for each officer, and depend on each officer's rank, tenure, education, and other applicable elements related to officer pay. B. BILLING- the City will bill the UWPD monthly for hours worked, according to the below general schedule: Agreement City of Edmonds and University of Washington Police Department for Law Enforcement Services 2of5 Packet Pg. 92 8.7.a Month overtime worked Month bill sent to UWPD September November October December November January December February January March February April March May April June May July June August July September August October Monthly bills will be sent to the attention of uwashington@ghxinvoicing.com and cc uwpdpurchasing@uw.edu C. Payment- Payment is due to the City 30 days after receipt of invoice and sent to the attention of Executive Assistant Alexandra Ehlert @ Alexandra.Ehlert@edmondswa.gov (250 5th Ave. N. Edmonds, WA 98020) 6. Personnel: A. The City is acting hereunder as an independent contractor so that control of personnel, standards of performance, discipline and all other aspects of performance shall be governed entirely by the City. B. All persons rendering service hereunder shall be for all purposes employees of the City. 7. Indemnification: A. UWPD shall defend, Indemnify, and hold the City of Edmonds, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including all legal costs and attorney fees, arising out of or in connection with EPD's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of EPD or its officers or employees. In executing this Agreement, the City does not assume liability or responsibility for or in any way release UWPD from any liability or responsibility which arises in whole or in part from the existence or effect of UWPD policies, procedures, rules, or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced in which the enforceability and/or validity of any such UWPD policy, procedure, rule, or regulation is principally at issue, UWPD shall defend the same at its sole expense and if judgment is entered or damages are awarded against UWPD, EPD or both, UWPD shall satisfy the same, including all chargeable costs and attorney's fees. The Parties understand that pursuant to the legal doctrine in Washington called the "public duty doctrine," the City, and its police officers, owe a general duty to the public and not a specific duty of protection or care to the UWPD. The Parties understand that by entering into this Agreement, the City's and its police officer's duties remain to the public in general, and neither the City, nor any Agreement City of Edmonds and University of Washington Police Department for Law Enforcement Services 3of5 Packet Pg. 93 8.7.a of its officers have a specific duty of protection or care to the UWPD, its employees, subcontractors, and agents, or any of its guests, or other people on the premises where services are being provided. Moreover, neither the City nor any of its police officer guarantees, in any way, the safety of any person or property as a result of the work performed herein. In the event of injury to any person or property, UWPD shall not assert that the City or its police officers owed any special duty to protect persons or property or provide care for such persons or property or had any special relationship with the owner or any other person to protect persons or property. This Agreement shall in no way create a duty for the City or any of its police officers where none existed In the event the City is sued, and a court determines that the public duty doctrine does not apply, or an exception to the public duty doctrine exists with relation to an injury to a person or property of any employee, subcontractor, guest, or other person on the premises where services are provided, UWPD shall specifically indemnify, hold harmless, and defend EPD, and each and every officer and employee thereof to the full extent permitted by law. C. Each of the Parties agrees that its obligations under Section 7 extend to any claim, demand, cause of action and judgment brought by, or on behalf of, any of its employees or agents. For this purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event that either of the Parties incurs any judgment, award, and/or cost arising therefrom, including attorney fees, expenses, and costs, the same shall be recoverable from the responsible Party to the extent of that Party's negligence. D. The indemnification, protection, defense and hold harmless obligations contained herein shall survive the expiration, abandonment, or termination of this Agreement. 8. Modifications: Agreement modifications may be made only with the written approval of both Parties Termination: Either Party may terminate this Agreement upon 30 days prior written notification to the other Party. 10. Entire Agreement: The Parties agree that the Agreement is the complete expression of the terms hereto and any oral representations or understanding not incorporated herein are excluded. 11. Contract Administration: The Parties shall each appoint representatives to review performance under the Agreement and resolve Agreement related issues which cannot be satisfactorily resolved between UWPD and the EPD law enforcement officers providing services. 12. No Third -Party Beneficiaries: There are no third -party beneficiaries to this Agreement, and this Agreement shall not impart any rights enforceable by any person or entity that is not a party hereto. [Signatures on following page] IN WITNESS WHEREOF, the Parties have executed this Agreement. City of Edmonds University of Washington Police Department Agreement City of Edmonds and University of Washington Police Department for Law Enforcement Services 4of5 Packet Pg. 94 8.7.a Mike Rosen, Mayor Date Edmonds Police Department Michelle Bennett, EPD Chief Date UWPD Date Agreement City of Edmonds and University of Washington Police Department for Law Enforcement Services 5of5 Packet Pg. 95 8.8 City Council Agenda Item Meeting Date: 08/6/2024 Mountlake Terrace ILA Staff Lead: IT Department: Information Services Preparer: Scott Passey Background/History The City of Mountlake Terrace is asking to enter into an inter local agreement the City of Edmonds for software purchase. This item was presented in the July Finance Committee and recommended for approval on the consent agenda. Staff Recommendation Approve ILA as part of the consent agenda. Narrative The City of Mountlake Terrace desires to purchase software the City of Edmonds is currently using. Washington RCW provides for municipalities to purchase off existing competitive price contracts from other municipalities using an interlocal agreement. This ILA is of no cost to Edmonds. Attachments: I LA._Mou ntLake.2024.06.27doc Packet Pg. 96 8.8.a COOPERATIVE PURCHASING AGREEMENT In accordance with RCW Chapter 39.34 and to all other applicable laws, The City of Mountlake Terrace and the City of Edmonds, each of which may hereinafter be referred to as "agency," hereby agree to this cooperative governmental purchasing agreement ("Agreement") for various supplies, materials, equipment and routine, expert and/or consultant services, software, cloud services & platforms, using competitively awarded contracts. The following terms and conditions shall apply: 1. Each agency, in contracting for the purchase of supplies, materials, equipment and services, agrees at its discretion, to extend contracts for shared use to the extent permitted by law and agreed upon by those parties and vendors. 2. Each agency is responsible for compliance with any additional or varying laws and regulations regarding purchases. 3. The originating contracting agency does not accept responsibility or liability for the performance of any vendor used by the purchasing agency as a result of this Agreement. 4. Each agency shall be responsible for the payment of any item(s) purchased through a contract or purchase order that resulted from this Agreement. 5. This Agreement shall remain in force until cancelled in writing by either party. 0 Name: Mike Rosen IN Name: Title: City of Edmonds, Mayor Title: Date: Date: Packet Pg. 97 8.9 City Council Agenda Item Meeting Date: 08/6/2024 Legal Assessment Committee Evaluation and Recommendation of City Prosecutor in 2024 Staff Lead: Councilmembers Jenna Nand and Michelle Dotsch Department: City Council Preparer: Beckie Peterson Background/History On July 2, 2024, Council authorized the Legal Assessment Committee's 2024 draft workplan via a vote of the full council. This workplan authorized members of the Committee to perform interviews of certain stakeholders in the City administration, Edmonds Municipal Court, and the Edmonds Police Department to assess the performance of the city prosecutor. On July 9, 2024, Council approved of the Committee's proposed questions to gather information in this approved format. During the month of July, the Legal Assessment Committee performed interviews with identified stakeholders and presented its findings in the attached evaluation memo. As a result of the feedback received, the Legal Assessment Committee recommends that the City issue a Request for Proposals (RFP) for the city prosecutor role. Recommendation Follow the Legal Assessment Committee's recommendation to authorize the administration to issue an RFP for the Edmonds City Prosecutor role. Narrative Please view the enclosed City Prosecutor Assessment and Evaluation Memo for 2024. Attachments: 2024.07.31 - Legal Assessment Committee - City Prosecutor Assessment and Recommendation for 2024 (002) Packet Pg. 98 8.9.a 1. 2. 3. OF O Edmonds City Council ' LEGAL ASSESSMENT COMMITTEE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 Legal Assessment Committee Evaluation and Recommendation of City Prosecutor in 2024. COMMITTEE MEMBERS: JENNA NAND (CHAIR), MICHELLE DOTSCH (COUNCIL MEMBER) Annual Evaluation Process of City Prosecutor for 2024. In performing our evaluation of the present Edmonds City Prosecutor, Walls Law Firm, the Legal Assessment Committee conducted multiple in -person meetings with elected officials within the City, senior members of the Edmonds Police Department, court staff members with managerial roles, and an advisor with the city attorney, Lighthouse Law Group. Members of the Legal Assessment Committee collected feedback on the performance of the city prosecutor from the above -listed individuals, based on the following criteria: professionalism, timeliness, responsiveness to calls and emails, quality of legal service rendered to victims of crimes in the city of Edmonds, and the personal impression of each respondent in their regular interactions with members of the city prosecutor's law firm. Annual Assessment Results for the City Prosecutor in 2024. The interviewees each provided feedback provided to the Legal Assessment Committee expressing concerns regarding their ability to email or otherwise contact the city prosecutor and receive a timely response. There has also been a notable lag in the timely filing of cases before the Edmonds Municipal Court. In particular, multiple parties expressed concerns regarding the safety of domestic violence victims whose cases have received substandard attention from the city prosecutor Interviewees also cited a lack of initiative in court proceedings to assert the interests of the City and the victims of crimes before the bench, essentially falling short of fulfilling one of the key roles of the city prosecutor. Legal Assessment Committee Recommendation Based on the candid responses of the interviewees, the Legal Assessment Committee recommends that the City issue a Request for Proposals (RFP). The present city prosecutor, Walls Law Firm, is invited to apply to the RFP and is encouraged to do so, hopefully providing a remedial plan to address the shortcomings listed above. Ci ti O N O N C d E t CU E a Packet Pg. 99 9.1 City Council Agenda Item Meeting Date: 08/6/2024 Private Rezone Request at 9514 228th St SW (PLN2024-0032) Staff Lead: Amber Brokenshire Department: Planning & Development Preparer: Amber Brokenshire Brian Shibayama (Fairway Apartments LLC) has applied to rezone one parcel located at 9514 228th Street Southwest from Single Residential (RS-8) to Community Business - Edmonds Way (BC-EW). According to ECDC 20.01.003, site -specific rezones are a Type IV review process where the Planning Board conducts a public hearing and makes a recommendation to City Council on whether the proposal is consistent with the rezone criteria in ECDC 20.40.010. The Council holds a closed -record review of the project and makes the final decision on the rezone request. Because this a closed -record review and the Council's decision is quasi-judicial in nature, only the information in the record may be considered by Council per ECDC 20.06.120. No new testimony or other evidence can be added to the record except any new information required to rebut the substance of any written or oral ex parte communication that is placed on the record during an appearance of fairness disclosure. On July 10, 2024 the Planning Board held a public hearing and after taking public testimony and deliberation concluded that the request met the criteria for a rezone in ECDC 20.40 and recommended that Council approve the request (minutes from the meeting on July 10 are attached and video from the meeting linked). Staff Recommendation Staff recommends that City Council review the Planning Board's recommendation to approve the rezone. If the Council concurs with the Planning Board's approval recommendation, direct staff to prepare an ordinance for adoption on a future consent agenda. If the Council does not agree with the recommendation, direct staff to prepare a decision describing the denial of the request. The criteria to evaluate a rezone request are found in ECDC 20.40.010: A. Comprehensive Plan. Whether the proposal is consistent with the comprehensive plan; The subject properties are located in the Edmonds Way Corridor comprehensive plan designation. An explicit purpose of the BC-EW zone is "to implement the policies of the Edmonds' comprehensive plan for the Edmonds Way Corridor." The compatible zoning classifications for the Edmonds Way Corridor are BP, BN, BC, or similar commercial zone and RM zones. The current RS-8 zoning of the site is not compatible with the Comprehensive plan, but the proposed rezone to BC-EW would be consistent with the Comprehensive Plan Designation. Packet Pg. 100 9.1 B. Zoning Ordinance. Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district; The BC zone specifically notes that its purpose is to reserve areas to allow for mixed -use development which includes multiple dwelling unit(s) that support business uses. The project narrative states a rezone from RS-8 to BC-EW on this site would allow for a future mixed -use community that has the potential to increase density on the site, but to opt for the increased height it would require the use of sustainability and/or inclusion of affordable housing in its design which can help to achieve a variety of housing types. C. Surrounding Area. The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property; Single-family RS-8 zoning exists to the north of the subject properties. The adjacent properties to the east are vacant but zoned RM-1.5. The south side of Edmonds Way contains a mix of zoning designations such as BC-EW and RM-EW. The properties to the west of the site are currently BC-EW. Less than a quarter mile west of the subject site lies the Westgate Mixed Use (WMU) zone. The WMU zone contains a variety of commercial developments including a gas station, bank, grocery stores, drug stores and other development. D. Changes. Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone; The primary change in the area and the subject property is the establishment of the Westgate Mixed Use zone in 2015. Additionally, two parcels to the west of the subject site were rezoned from RS-8 to BC-EW in 2007 (Ord. 3665). Two parcels to the east were rezoned from RS-8 to RM- 1.5 in 2011 (Ord. 3844). Several parcels south of Edmonds Way were recently rezoned to BC-EW and RM-EW. E. Suitability. Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area, and parcels elsewhere with the same zoning; Physically, the subject site is relatively level and has access onto Edmonds Way. Economically, rezoning this parcel would allow the applicant to have a significantly larger site to redevelop since they already own two BC-EW parcels to the west. The site is near existing and future mixed -use and commercial development, and is served by nearby Community Transit stops on Edmonds Way. F. Value. The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners. Rezoning the site to allow more intense mixed -use development would increase the value of the land and would ultimately allow for additional housing units and/or commercial space. Any future project of the site would have to comply with all codes in place at the time of redevelopment. Attachments: PLN2023-0024 Staff Report with Attachments PLN2024-0032 Public Hearing Presentation 2024-07-10 Planning Board Public Hearing - Full Minutes July 10, 2024 Planning Board Public Hearing Video Link Packet Pg. 101 9.1.a +,7C. 18y,J CITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PLANNING & DEVELOPMENT DEPARTMENT • PLANNING DIVISION PLANNING DIVISION ADVISORY REPORT FINDINGS, ANALYSIS, AND RECOMMENDATION To: Edmonds Planning Board From: Amber M. Brokenshire / Associate Planner Date: June 26, 2024 File: PLN2024-0032 I. INTRODUCTION A. Application Brian Shibayama (Fairway Apartments LLC) has applied for a rezone of the property located at 9514 — 228th Street Southwest (Attachments 1 - 2). If approved, the request would change the zoning of the property from Single Family Residential (RS-8) to Community Business - Edmonds Way (BC-EW). Mr. Shibayama also owns the two adjacent parcels to the west which are zoned BC-EW. B. Location The property subject to the rezone is located at 9514 — 228th Street Southwest (Tax Parcel Number 27033600101600) (Attachment 3). C. Review Process A site -specific rezone is a "Type IV" application, per ECDC 20.01.003, in which staff makes a recommendation to the Planning Board, who conducts a public hearing and forwards a recommendation to the City Council. The Council holds a closed -record review of the project and makes the final decision. The application was determined complete on May 3, 2024 (Attachment 9). An initial Notice of Application dated May 17, 2024, with a comment period running through May 31, 2024, was posted at the subject site, mailed to property owners within 300 feet of the site, and published in the Herald Newspaper. Documentation demonstrating compliance with the notice requirements of ECDC 20.03 is provided in Attachment 4. A combined Notice of Public Hearing and SEPA determination was issued on June 12, 2024, and distributed in the same manner (Attachment 4). Packet Pg. 102 9.1.a II. FINDINGS OF FACT AND ANALYSIS A. Site Context The subject parcel abuts and has access to Edmonds Way on the south. The parcel does not have developed access from 228th Street to the north so it is uncertain why the parcel is addressed off 228th Street. The adjacent properties to the east are vacant and zoned Multiple Residential (RM-1.5). The properties to the north across 228th Street are zoned RS-8 and developed with single- family residences. The two properties immediately to the west contain old single-family dwellings but are zoned BC-EW. South of Edmonds Way are a mix of properties which are currently underdeveloped relative to the BC-EW and RM zoning that is present. B. State Environmental Policy Act (SEPA) A SEPA Determination of Nonsignificance was issued for the proposed rezone on June 12, 2024, with a SEPA appeal deadline of July 3, 2024. There were no appeals of the SEPA determination. The SEPA Checklist and Determination of Nonsignificance are provided in Attachment 5. C. Technical Review Committee This application was reviewed by the City of Edmonds' Engineering Division staff, who determined that the information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. Compliance with Engineering codes and construction standards will be reviewed with future building permit applications for development on the site. A transportation analysis is not required at this time and may be deferred to the future development/building permit phase of the project. Traffic studies are typically required for projects that generate at least 25 PM peak hour trips. D. Public Comments To date, two public comments have been submitted on the proposed rezone. Cory Yalowicki and Aryn Grause submitted an email dated May 31, 2024 (Attachment 11 that supports the rezone but requests development decisions be made to protect the adjacent R-zoned properties from future development of the site. Requests include taking access to the lot from Edmonds Way, requiring sufficient parking for the future development, and ensuring a landscaped barrier will buffer the adjacent R-zoned properties from future operations on the site. Brad and Rachel Ross, and Colin and Alek Adams submitted one letter for all parties dated May 31, 2024 (Attachment 11). They list multiple pedestrian and auto safety PLN2024-0032— Rezone Staff Report Page 2 of 7 Packet Pg. 103 9.1.a concerns for the rezone: Lot access is currently from a residential street and therefore the lot should not be rezoned. They list pedestrian safety concerns on 228th Street Southwest, 96th Avenue West, 224th Street Southwest, and Highway 104 (Edmonds Way) regarding the lack of sidewalks and the potential for increased traffic. Finally, they list auto safety concerns along 95th Place West and Highway 104 citing the number of traffic accidents at this intersection due to the road curve and intersection location. They believe an additional intersection with the existing limited visibility and increased volume of traffic will increase automobile accidents around this property. Staff Response: At this time, no building construction is proposed and there are no development applications for this property. Traffic impact studies are specific to a development application and will be reviewed by the City's Transportation Engineer upon receipt of a development application. Traffic impacts are mitigated through the collection of traffic impact fees in accordance with ECC 3.36.125. Public Works requirements including those for sidewalks and driveways under Chapter 18 will be reviewed by the Engineering Department with future development applications. E. Edmonds Community Development Code Compliance According to ECDC Chapter 20.40 (Rezones), the Planning Board must review the proposed rezone request and consider the following factors: A. Comprehensive Plan. Whether the proposal is consistent with the comprehensive plan; The Comprehensive Plan designation for the subject property is "Edmonds Way Corridor" (Attachment 6), which has been the designation since 2004. The 2020 Comprehensive Plan contains specific goals for the Edmonds Way Corridor: Commercial Development Goal E. The Edmonds Way Corridor consists of portions of Edmonds Way between the 100th Avenue West intersection and Highway 99. This corridor serves as a key transportation corridor and also provides a key link between Edmonds and Interstate S. Established residential areas lie on both sides of the corridor. An established pattern of multiple - family residential development lies along much of the corridor, while small- scale businesses can be found primarily near intersections. A major concern is that the more intensive development that occurs along the corridor should not interfere with the flow of through traffic or intrude into adjoining established communities. E.1 Permit uses in planned multiple family or small-scale business developments that are designed to minimize contributing significantly to traffic congestion. PLN2024-0032— Rezone Staff Report Page 3 of 7 Packet Pg. 104 9.1.a E.2 Provide for transit and pedestrian access to development. E.3 Use design review to encourage the shared or joint use of driveways and access points by development onto SR-104 in order to support the movement of traffic in a safe and efficient manner. Site access should not be provided from residential streets unless there is no feasible alternative E.4 Use design review to ensure that development provides a transition to adjacent residential neighborhoods. For uses in transitional areas adjacent to single family neighborhoods, use design techniques such as the modulation of facades, pitched roofs, stepped -down building heights, multiple buildings, and landscaping to provide designs compatible with single family development. Make use of natural topography to buffer incompatible development whenever possible The Land Use Element of the Comprehensive Plan lists compatible zoning classifications for the different Comprehensive Plan map designations (Attachment 6). The compatible zoning classifications for the Edmonds Way Corridor are BP, BN, BC, or similar commercial zone and RM zones. The applicant has referenced additional comprehensive plan goals and policies such as sustainability, residential development, and design objectives which are included in the applicant's narrative as Attachment 2. The current RS-8 zoning of the site is not compatible with the Comprehensive Plan but the proposed rezone to BC-EW would be consistent with the Comprehensive Plan designation for the site. B. Zoning Ordinance. Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district; According to ECDC 16.00.010, the zoning ordinance has the following purposes: A. To assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan; and B. To protect the character and the social and economic stability of residential, commercial, industrial, and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. PLN2024-0032— Rezone Staff Report Page 4 of 7 Packet Pg. 105 9.1.a Finally, the Community Business (BC) zone district has its own purposes as identified in ECDC 16.50.005: A. To reserve areas for those retail stores, offices, service establishments, and amusement establishments that offer goods and services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed -use development which includes multiple dwelling unit(s) that support business uses; D. To implement the policies of Edmonds' comprehensive plan for the Edmonds Way Corridor; E. To meet the goals of the Growth Management Act and the city of Edmonds' comprehensive plan for housing diversity and economic vitality. The Edmonds Way subdistrict of the Community Business zone, and specific regulations that apply to the BC-EW properties, were established in 2007 (Attachment 8). That code amendment was adopted in part to recognize the unique nature and physical constraints of the Edmonds Way approach into the City of Edmonds and to implement appropriate zoning requirements for that portion of the Edmonds Way Corridor. The properties are encouraged to utilize a shared or joint -use driveway and access points to reduce access onto SR-104 and make use of the natural topography of the properties to neighboring single-family development. The BC zone specifically notes that its purpose is to reserve areas to allow for mixed -use development which includes multiple dwelling unit(s) that support business uses. The project narrative states a rezone on this site would allow for a future mixed -use community within walking distance of existing commercial and service uses (Attachment 2). Rezoning the site to BC-EW is consistent with the purposes of the zoning ordinance. C. Surrounding Area. The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property; Single-family RS-8 zoning exists to the north of the subject properties. The adjacent properties to the east are vacant but zoned RM-1.5. The south side of Edmonds Way contains a mix of zoning designations such as BC-EW and RM. The properties to the west of the site are currently BC-EW. Less than a quarter mile west of the subject site lies the Westgate Mixed Use (WMU) zone. The PLN2024-0032— Rezone Staff Report Page 5 of 7 Packet Pg. 106 9.1.a WMU zone contains a variety of commercial uses including a gas station, bank, coffee drive -through, grocery stores, drug stores, and the like. If the subject site was rezoned from RS-8 to BC-EW, the mix of possible future uses allowed in the BC-EW zone would be consistent with the surrounding area. D. Changes. Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone; This area along Edmonds Way was annexed in the 1990s and had long been developed with single-family, multi -residential, and commercial uses when it was in Snohomish County's jurisdiction. Since annexation, there have been several changes in the surrounding area to bring the parcels into conformance with the Edmonds Way Corridor Comprehensive Plan designation. For example, the two parcels to the west of the subject site were rezoned from RS-8 to BC-EW in 2007 (Ord. 3665). The two parcels to the east were rezoned from RS-8 to RM-1.5 in 2011 (Ord. 3844). More recently, the Westgate Mixed Use zone was established in 2015 and several parcels south of Edmonds were recently rezoned as well. While many of the rezoned sites have yet to be redeveloped, several sites are in the permitting process now so new projects in the area should be forthcoming. E. Suitability. Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area, and parcels elsewhere with the same zoning; The subject parcel is suitable for the proposed rezone. Physically, it is relatively level and has access onto Edmonds Way. Economically, rezoning this parcel would allow the applicant to have a significantly larger site to redevelop since he already owns the two BC-EW parcels to the west. The site is near existing and future mixed -use and commercial development and is served by nearby Community Transit stops on Edmonds Way. F. Value. The relative gain to the public health, safety, and welfare compared to the potential increase or decrease in value to the property owners. Rezoning the site to allow more intense mixed -use development would increase the value of the land and would ultimately allow for additional housing units and/or commercial space. Any future project at the site would have to comply with all codes in place at the time of redevelopment such as building, fire and engineering codes as well as zoning and critical area codes. III. CONCLUSIONS The proposed rezone is consistent with the requirements of ECDC 20.40.010 as identified in the staff report and implements policies of the Edmonds' comprehensive plan for the Edmonds Way Corridor in which the property is located. PLN2024-0032— Rezone Staff Report Page 6 of 7 Packet Pg. 107 9.1.a IV. RECOMMENDATION Based on the findings of facts, analysis, conclusions, and attachments to this report, the Planning Board should find that the proposed rezone of the parcel addressed as 9514 228th Street is consistent with the decision criteria in ECDC 20.40.010 and make a recommendation to the City Council to APPROVE the rezone from RS-8 to BC-EW. V. ATTACHMENTS 1. Land Use Application 2. Applicant Narrative 3. Zoning and Vicinity Map 4. Public Notice Documentation 5. SEPA Determination of Nonsignificance & Checklist 6. Comprehensive Plan Map & Compatible Zoning Page 7. Chapter 16.20 ECDC — RS Single-family Residential 8. Chapter 16.50 ECDC — BC Community Business 9. Letter of Complete Application 10. Engineering Division Compliance Memorandum 11. Public Comments VI. PARTIES OF RECORD City of Edmonds 121 — 5th Avenue North Edmonds, WA 98020 Brad and Rachel Ross 22804 — 96th PI W Edmonds, WA 98020 PLN2024-0032— Rezone Staff Report Page 7 of 7 Brian Shibayama Fairway Apartments LLC PO Box 713 Mercer Island, WA 98040 Colin and Alek Adams 22806 — 96th PI W Edmonds, WA 98020 Packet Pg. 108 Attach 9.1.a CITY OF EDMONDS Land Use Application #1460353 - 9514 228th St SW Applicant MyBuitdingPermit.com First Name Last Name Company Name Brian Shibayama Fairway Apartments LLC Number Street Apartment or Suite Number E-mail Address PO Box 713 brians7553(@_gmail.com City State Zip Phone Number Extension Mercer Island WA 98040 (425) 275-1531 Contractor Company Name Number Street City State License Number Project Location Number Street 9514 228TH ST SW City EDMONDS Associated Building Permit Number State Zip License Expiration Date Apartment or Suite Number Phone Number Extension UBI # E-mail Address Zip Code County Parcel Number 98020 27033600101600 Tenant Name Vacant Additional Information (i.e. equipment location or special instructions). Work Location Property Owner First Name Brian Last Name or Company Name Fairway Apartments LLC Floor Number Suite or Room Number Number Street Apartment or Suite Number < PO BOX 713 City State Zip MERCER ISLANDS WA 98040 Certification Statement - The applicant states: I certify that I am the owner of this property or the owner's authorized agent. If acting as an authorized agent, I further certify that I have full power and authority to file this application and to perform, on behalf of the owner, all acts required to enable the jurisdiction to process and review such application. I have furnished true and correct information. I will comply with all provisions of law and ordinance governing this type of application. If the scope of work requires a licensed contractor to perform the work, the information will be provided prior to permit issuance. Date Submitted: 4/9/2024 Submitted By: Brian Shibayama Packet Pg. 109 Page 1 of 2 Attach 9.1.a CITY OF EDMONDS Land Use Application #1460353 - 9514 228th St SW Project Contact Company Name: Fairway Apartments LLC Name: Brian Shibayama Email: brians7553@gmail.com Address: PO Box 713 Phone #: (425) 275-1531 Mercer Island WA 98040 Project Type New Activity Type Rezone Project Name: 9514 228th St SW Description of Work: Zone Change Project Details Project Information Zoning - existing Zoning - requested MyBuildinBPermit.com Scope of Work Rezone to Any Other Zone RS-8 BC-EW Packet Pg. 110 Page 2 of 2 Attach 9.1.a O fairway Apartments 03/12/2024 Brian Shibayama Fairway Apartments LLC PO Box 713 Mercer Island, WA 98040-0713 Brians7553 k gmail. com (425)275-1531 cel City of Edmonds Permit and Planning Division 121 5th Avenue N Edmonds, WA We recently purchased 9514 2281h St SW, Edmonds, WA 98020. It is adjacent to two properties we currently own, located at 9521 and 9531 Edmonds Way. Both these properties are zoned BC-EW. We are applying to change the zoning of 9514 228th St SW to BC-EW so all three properties will have the same zoning. We believe this proposal satisfies the requirements of the Edmonds Community Development Code and Comprehensive Plan (Edmonds Way Corridor). 9514 228th St SW is not significantly different in type from our other two properties or the property across the street all of which have a BC-EW zoning. Packet Pg. 111 Attach 9.1.a May 21, 2024 City of Edmonds Permitting and Planning Division 121-5" Ave N Edmonds, WA 98020 Re: Rezone Application for 9514 228' St SW to BC-EW This application to rezone 9514 228' St SW from RS-8 to BC-EW. We are submitting the following in support of this rezone: A. Land Use Application (attached) B. Narrative describing how rezone satisfies the requirements of the Edmonds Community Development code and Comprehensive Plan (see below) C. Scale Map of 9514 228t" St SW (attached) D. Vicinity Map of 9514 228t" St SW (attached) E. Environmental Checklist (SEPA) for 9514 228t" St SW Rezone Packet Pg. 112 Attach 9.1.a B. REZONE NARRATIVE 9514 228th St SW CONTENTS SUMMARY 1. COMPREHENSIVE PLAN 2. ZONING ORDINANCE 3. SURROUNDING AREA 4. CHANGE 5. VALUE SUMMARY We're requesting a rezone of one parcel of land at 9514 228t" St SW from RS-8 to BC- EW. (Tax Acct #27033600101600) This rezone is in keeping with the policies and goals of the City of Edmonds Comprehensive Plan (Adopted Nov 17, 2020), which designates the parcel as Edmonds Way Corridor. This rezone is in compliance with the Edmonds City Code and Community Development Code (ECDC) Chapter 16:50:000 and Ordinance 4314 (rev 12/23) and Ordinance 4333 (rev 02/24) This rezone to BC-EW allows commercial uses (ECDC 16.50.020) which are not allowed in the current RS-8 Zone (ECDC 16.20.030). This rezone to BC-EW modifies the Site Development Standards of the parcel from the RS-8 Standards (ECDC 16.20.030) to the BC-EW Standards (ECDC 16.50.020).t The rezone to BC-EW allows the developer to opt for a higher height limit. In this case, 40' instead of 25' with conditions as stated in ECDC 16.50.020.Table A. 2 B. Rezone Narrative — 9514 228th St SW Packet Pg. 113 Attach 9.1.a 1. COMPREHENSIVE PLAN This rezone to BC-EW is consistent with the City of Edmonds Comprehensive Plan. See below The City of Edmonds Comprehensive Plan Map, Revision Date: May 18, 2021, designates the site as Edmonds Way Corridor. Which is indicated for Mixed -Use Development. COMPREHENSIVE PLAN — PURPOSE AND SCOPE The Comprehensive Plan has the following purposes: Edmonds Way Corridor Edmonds Way Corridor B. Rezone Narrative — 9514 228th St SW 3 Packet Pg. 114 Attach 9.1.a • To provide a framework for moving the Edmonds community toward a sustainable future that integrates and responds to environmental, economic, and social needs in a way which "meets the needs of the present without compromising the ability of future generations to meet their own needs." • To promote the public health, safety, and welfare consistent with the values of the community. • To serve as the basis for municipal policy on land use and development and to provide guiding principles and objectives for the development of regulations and programs that support sustainable development within the city while seeking to conserve, protect, and enhance the community's assets and natural resources. • To anticipate and influence the orderly and coordinated development of land and building use of the city and its environs, and conserve and restore natural beauty and other natural resources. • To encourage coordinated development and discourage piecemeal, spot or strip zoning and inharmonious subdividing. • To facilitate adequate provisions for public services such as transportation, police and fire protection, water supply, sewage treatment, and parks. • To facilitate the provision of sustainable public services consistent with the community's values and needs. Growth Management Goals & Policies A.3. The role of commercial and industrial enterprises, the attendant tax base and provision for consumer needs should be considered as a supporting part of achieving a sustainable community. A.4. Any growth or development should strive to preserve for itself and its neighbors the following values: A.4.a Light (including direct sunlight) A.4. b Privacy A.4.c Public views, open spaces, shorelines and other natural features. AAA Freedom from air, water, noise, and visual pollution. A.5. Any residential growth should be designed to accommodate and promote a balanced mixture of income and age groups. The rezone from to BC-EW will have a positive effect on the property's tax base, as well as creating more opportunity for diverse housing types. It will not affect any public views. State Framework Goals Urban Growth — Encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. Reduce Sprawl — Reduce the inappropriate conversion of undeveloped land into sprawling low - density development. Housing — Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. The rezone of this site, which has adequate public services and facilities, will encourage development on this undeveloped site with a density appropriate to its location, as well as creating more opportunity for diverse housing types. Regional Goals Development Patterns — focus growth within already urbanized areas to create walkable, compact and transit -oriented communities. 4 B. Rezone Narrative — 9514 228th St SW Packet Pg. 115 Attach 9.1.a Housing — The region will preserve, improve, and expand its housing stock to provide a range of affordable, healthy, and safe housing choices to every resident. The region will continue to promote fair and equal access to housing for all people. The rezone of this site to BC-EW will encourage development within this already urbanized area and is within walking distance of Westgate Village. COMPREHENSIVE PLAN — ELEMENTS Sustainability Goals & Policies Sustainability Goal A. Develop land use policies, programs, and regulations designed to support and promote sustainability. Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services, recreation, jobs, and housing. Sustainability Goal E. Develop economic development policies, programs, and regulations designed to support co -location of jobs with housing ... and encourage business activities that supplement traditional businesses and employment concentrations. Sustainability Goal G. Develop housing policies, programs, and regulations designed to support and promote sustainability. Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in lifestyle. The rezone to BC-EW allows an increase in density and the provision of commercial space which supports the goals above. The housing provides an opportunity for more residents to stay in the community. Climate Change Goals and Policies Climate Change Goal E. Encourage Existing land use. Buildings and infrastructure to reduce their carbon footprint. The rezone to BC-EW will allow a higher -density building to be constructed that meets current energy codes, facilitates by location alternative means of transportation, and provides sustainable features yielding a reduction in housing unit carbon footprint. Environmental Quality Goals & Policies Environmental Quality Goal A. Protect environmental quality within the Edmonds community through the enforcement of community -based environmental regulations that reinforce and are integrated with relevant regional, state, and national environmental standards. The rezone to BC-EW will allow a potentially taller building that provides features enhancing the environmental quality such as Low Impact Development (LID) Residential Development Goal & Policies Residential Goal A. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. A.3 Minimize encroachment on view of existing homes by new construction... A.5 Protect residential areas from incompatible land uses... A.6 Require that new residential development be compatible... natural constraints... The rezone to BC-EW will limit building height to an elevation below the living levels of existing single-family residences to the North. Its orientation towards Edmonds Way is not incompatible with those residences that are accessed from 228th St SW. Development on the site will fit and be constrained by the existing natural features. 5 B. Rezone Narrative — 9514 228th St SW Packet Pg. 116 Attach 9.1.a Residential Goal B. A broad range of housing types and densities should be encouraged in order that a choice of housing will be available to all Edmonds residents. B.2 Multiple. The City's development policies encourage sustainable high -quality site and building design to promote coordinated development and to preserve the trees, topography and other natural features of the site. Stereotyped, boxy multiple unit residential (RM) buildings are to be avoided. B.2.a Location Policies. B.2.a.i. RM uses should be located near arterial or collector streets. B.2.b Compatibility Policies. B.2.b.i RM developments should preserve the privacy and view of surrounding buildings, wherever feasible. B.2.b.ii The height of RM buildings that abut single family residential (RS) zones shall be similar to the height permitted in the abutting RS zone except where the existing vegetation and/or change in topography can substantially screen one use from another. The only adjacent RS-8 properties are to the north of the proposed site and are across 228th St SW and have no direct access to Edmonds Way. The properties to the west, east and south are zoned either BC-EW or RM-1.5. B.2.b.iiiThe design of RM buildings located next to RS zones should be similar to the design idiom of the single family residence. B.2.c. General Design Policies. B.2.c.i The nonstructural elements of the building (such as decks, lights, rails, doors, windows and window easements, materials, textures and colors) should be coordinated to carry out a unified design concept. B.2.c.ii Site and building plans should be designed to preserve the natural features (trees, streams, topography, etc.) of the site rather than forcing the site to meet the needs of the imposed plan. No building construction is being proposed. Commercial Land Use Goals & Policies Commercial Development Goal A. Commercial Development in Edmonds shall be located to take advantage of unique opportunities while being consistent with and compatible with the character of the surrounding neighborhood. The site is identified in the Comprehensive Plan as Edmonds Way Corridor for mixed -use development. Commercial Development Goal B. The Westgate Commercial area, which is nearby and to the West of this site is intended for commercial development and services. The rezone of this site will support many of the goals identified as being important for the Westgate Commercial Area Commercial Development Goal C. Neighborhood Commercial areas are intended to provide a mix. 6 B. Rezone Narrative — 9514 228th St SW Packet Pg. 117 Attach 9.1.a Rezoning this site will allow a mixed -use project without creating a `strip mall.' It would allow an appealing mixed -use community within walking distance of shopping and service. Commercial Development Goal D. This goal references the Westgate Corridor which starts West at 100th Ave W. Rezoning this site will allow a project that would meet several goals identified in this policy such as shared access. Commercial Development Goal E. This site is in the Edmonds Way Corridor which runs from 100th Ave W to Highway 99. Concern is expressed that development along the corridor should not interfere with the flow of traffic or intrude into adjoining residential communities. E.1 Minimize contributing significantly to traffic congestion. E.2 Provide transit and pedestrian access to development. E.3 Encourage shared use of driveways and access points EA Encourage design and use of topography to buffer development with adjacent communities Rezoning this site will allow a mixed -use community within walking distance of shopping and service. Housing Goals & Policies Housing Goal F. Provide for a variety of housing that respects the established character of the community and is located according to the Comprehensive Plan's Land Use Element. Rezoning this site is in keeping with the pattern of development in the Edmonds Way Corridor. Housing Goal J. Recognize that in addition to traditional height and bulk standards, design is an important aspect of housing and determines, in many cases, whether it is compatible with its surroundings. Design guidelines for housing should be integrated, as appropriate, into the policies and regulations governing the location and design of housing. J.1. Provide design guidelines that encourage flexibility in housing types while ensuring compatibility of housing with the surrounding neighborhood. Rezoning the site to BC-EW will be consistent with this goal. Urban Design Goals & Policies General Design Objectives Design Objectives for Site Design. The development of parking lots, pedestrian walkways and landscaping features is an integral part of how a building interacts with its site and its surrounding environment. Good design and site planning improves access by pedestrians, bicycles and automobiles, minimizes potential negative impacts to adjacent development, reinforces the character and activities within a district and builds a more cohesive and coherent physical environment. A.1 Vehicular Access. Reduce the number and width of driveways (curb cuts) in order to improve pedestrian, bicycle and auto safety. There is one existing driveway on to Edmonds Way and another on to 228th St SW. The proposed zone change will not affect access or traffic. A.2 Layout of Parking. Locating buildings in proximity to the street to facilitate direct pedestrian access and help define the street edge. Parking should be placed to the side and rear. No construction is being proposed so parking and access will not be affected. B. Rezone Narrative — 9514 228th St SW Packet Pg. 118 Attach 9.1.a A.3 Connections On- and Offsite. Design site access and circulation within and between sites to encourage linkages for pedestrians, vehicles, and bicycles. Special attention should be paid to providing and improving connections to transit. N/A A.4 Building Entry Location. Building entries should be configured to provide clear entry points to buildings, be oriented to pedestrian walkways/pathways, and support the overall intent of the streetscape environment. Space at the entry for gathering or seating is desirable for residential or mixed -use buildings. No building construction is being proposed. A.5 Setbacks. Create and maintain the landscape and site characteristics of each neighborhood area and provide a common street frontage tying each site to its neighbor. Setbacks should be appropriate to the desired streetscape, providing for transition areas between public streets and private building entries where a variety of activities and amenities can occur. B No building construction is being proposed. B.1 Open Space. For residential settings, create green spaces to enhance the visual attributes of the development and provide places for interaction, play, seating, and other activities. Open space will remain the same under this proposal. B.2 Building/Site Identity. Improve pedestrian access and way -finding by providing variety in building forms, colors, materials and individuality of buildings. B.3 Weather Protection. Provide covered walkways and entries for pedestrian weather protection. BA Lighting. Provide adequate and appropriate illumination in all areas used by automobiles, bicycles and pedestrians — including building entries, walkways, parking areas, circulation areas and other open spaces — to support activity and security. B.5 Signage. Encourage signage that provides clear information and direction for properties and businesses while preventing the streetscape from becoming cluttered. Encourage the use of graphics and symbols in signage to support the city's emphasis on uniqueness and the arts. B.6 Site Utilities, Storage, Trash and Mechanical Systems. Minimize the noise, odor and visual impacts of utility systems using such features as landscaping, building forms, or integrated design. B.7 Integrating Site Features. Integrate natural landscape features and unique landforms — such as rocky outcroppings or significant trees — into site design whenever possible. C Landscape Buffers. Use landscaping and/or other features such as fences to maintain privacy and create a visual barrier between incompatible uses. These buffering techniques should also be used to soften hard edges (such as the perimeters of parking lots) and reinforce pedestrian ways and circulation routes. Native plants and rain gardens should be promoted as alternatives to lawns and runoff retention areas. No building construction is being proposed. C.1 C.2 Design Objectives for Building Form. Building height and modulation guidelines are essential to create diversity in building forms, minimize shadows cast by taller buildings upon the pedestrian areas and to ensure compliance s B. Rezone Narrative — 9514 228th St SW Packet Pg. 119 Attach 9.1.a with policies in the city's Comprehensive Plan. Protecting views from public parks and building entries as well as street views to the mountains and Puget Sound are an important part of Edmonds character and urban form. C.3 Building Form. Encourage new construction to avoid repetitive, monotonous building forms. CA Massing. Reduce the apparent bulk and mass of buildings by encouraging human scale elements in building design and/or by subdividing building masses vertically or horizontally. C.5 Roof Modulation. Use roof forms to help identify different programs or functional areas within the building and support differentiation of building form and massing. Roof design, in combination with wall modulation, can allow for additional light to enter buildings or pedestrian spaces. C.6 Wall Modulation. Variation in materials, decorative elements, or other features should be employed to support pedestrian scale environments and streetscapes, or to help break up large building masses to keep in scale with the surrounding environment. Design Objectives for Building Fagade. Building fagade objectives ensure that the exterior of a building — the portion of a building that defines the character and visual appearance of a place — is of high quality and demonstrates the strong sense of place and integrity valued by the residents of the City of Edmonds. C.7 Building Fagade Design. Encourage building fagades that reinforce the appearance and consistency of streetscape patterns while supporting diversity and identity in building design. C.8 Window Variety and Articulation. Use window size and placement to help define the scale and character of the building. Use the organization and combinations of window types to reinforce the streetscape character or to provide variation in a fagade, as well as provide light and air to the building interior. D Variation in Fagade Materials. Employ variation in materials, colors or design elements on building fagades to help define the scale and style of the structure. Variation in fagade materials can help reduce the apparent bulk of larger buildings while allowing variety and individuality of building design. No building construction is being proposed. D.1 Urban Design Goals & Policies for Specific Areas Streetscape and Street Trees Goals & Policies Streetscape and Street Trees Goal A. Enhance the public realm through streetscape and street tree choices. No building construction is being proposed. Storm & Surface Water System Goals & Policies Storm and Surface Water Management Goal A. Manage the storm and surface water system by combining preservation of natural systems and engineered solutions to: • Provide for public safety; • Minimize property damage; • Preserve and enhance critical areas; • Promote sustainability; • Comply with applicable local, state, and Federal regulations. 9 B. Rezone Narrative — 9514 228th St SW Packet Pg. 120 Attach 9.1.a The term low impact development (LID) refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. This application is for a zoning change only. Storm and Surface water drainage will not be adversely affected. 10 B. Rezone Narrative — 9514 228th St SW Packet Pg. 121 Attach 9.1.a 2. ZONING ORDINANCE This rezone to BC-EW is consistent with the Edmonds City Code and Community Development Code. See below. The Edmonds City Code and Community Development Code is current through Ordinance 4294, passed February 28, 2022. The City of Edmonds Zoning Plan Map, Revision Date: August 3, 2022, designates 9530 Edmonds Way as RM-EW 11 B. Rezone Narrative — 9514 228th St SW Packet Pg. 122 Attach 9.1.a M PL SW lu RS-8 731S1 PL SW Commercial WMU Westgate Mixed Use BP Planned Business ON Neighborhood Business FVMU Firdale Village Mixed Use - BC Community Business - BC EW Carnmunity Business, BC Edmunds Wuy CG General Commeroal 9514 228th St SW N- N �O D 12 B. Rezone Narrative — 9514 228th St SW Packet Pg. 123 Attach 9.1.a Title 16 ZONE DISTRICTS 16.00.010 Purposes states that in addition to the purposes stated in the city's comprehensive plan, the zoning ordinance shall have the purpose to assist in the implementation of the adopted comprehensive plan for regulating and providing for existing uses and planning for the future. It further states that the zoning ordinance's purpose is to protect the character and the social and economic stability of residential, commercial, industrial and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. 16.50 BC — COMMUNITY BUSINESS 16.50.005 Purposes The BC and BC -Edmonds Way zones have the following specific purposes in addition to the general purposes for business and commercial zones: A. To reserve areas for... offices... which offer... services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed -use development which includes multiple dwelling units that support business uses: D. To implement the policies of Edmonds' Comprehensive Plan for the Edmonds Way Corridor; E. To meet the Growth Management Act and the City of Edmonds' Comprehensive plan for housing diversity and economic vitality This rezone to BC-EW is fully in keeping with each of the above stated purposes. 16.50.010 Uses Permitted Primary Uses include offices and multiple dwelling units (except on ground floor per ECDC 16.50.020(B). Permitted Secondary Uses include off-street parking and loading to serve a permitted use. 13 B. Rezone Narrative — 9514 22811 St SW Packet Pg. 124 Attach 9.1.a 16.50.020 Site Development Standards A. Table. Minimum Minimum Minimum Minimum Minimum Street Side Rear Maximum Maximum Floor Lot Area Lot Width Setback Setback Setback Height Area BC None None None None' None' 25'2 3 sq, ft, per sq. ft, of lot area BC— None None 10, None' None' 25'3 3 sq. ft. per sq. Edmonds ft. of lot area Way ' The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. The required setback shall be completely landscaped with Type I landscaping permanency maintained by the owner of the BC -zoned lot. ' Roof only may extend five feet above the stated height limit Wall portions of the roof above the stated height are modulated in design and are designed as a hip, gable, arch, shed or other similar roof form (see illustrations). Vertical parapet walls or flat roofs with a pitch of less than three-in-12 are not allowed to protrude above the 25-foot height limit unless they are part of an approved modulated design. Examples of Modulated Roof Designs nr� 1r■ .-. •r11�11� t — I IN ■mow IR Mi 1_11 loll 3f 1!;! $!ft sus a ggp■���p■N�.7ti w . I 1I1116 ® !lTdl ifibl ilsl. II'9 !ml J 3 The stated height limit may be increased to 40 feet, provided, that: (a) The street setback of any proposed building shall be increased to 15 feet in depth. Type III landscaping shall be located within this setback; (b) Where the proposed development abuts a single-family residential IRS) zoned property, in addition to complying with subsection (a) of this footnote, the proposed development shall modulate the design of any building facades facing the single-farrply residentially IRS) zoned property; (c) At least three of the following techniques shall be incorporated into the building and/or site's design: (1) Achievement of least LEED gold certification or comparable green building codification; (2) Inclusion of housing units affordable to persons at low(moderate income as determined by Snohomish County Tomorrow. The number of affordable units must beat least 15 percent of the gross number of units proposed; (3) Public amenities within an area comprising at least 25 percent of the length of any required street setback such as outdoor seating, plazas, walkways or other usable open space. The remainder of the setback area will be landscaped with Type III landscaping; (4) Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to: bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re -use. (d) Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. 14 B. Rezone Narrative - 9514 228th St SW Packet Pg. 125 Attach 9.1.a B. Ground Floor. Development on the ground floor shall consist of only uses to a minimum of 30' measured from the street front of the building C. See Parking (Chapter 17.50 ECDC), Design Review (Chapter 20.10 ECDC), and Sign Code (Chapter 20.60 ECDC) for additional standards. The following design standards shall also apply to buildings within the BC-EW zone: 1. Massing and Articulation a. Intent. To reduce the massiveness and bulk of large box -like buildings and articulate the building from a pedestrian perspective b. Standards. Buildings shall convey a visually distinct base and top. A "base" can be emphasized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. 2. Ground Level Details. a. Intent. To reinforce the character of the streetscape by encouraging the greatest amount of visual interest along the ground level of buildings facing Edmonds Way b. Standards. Ground -floor street -facing facades of commercial and mixed -use buildings shall incorporate at least five of the following elements: lighting or hanging baskets; medallions; belt courses; plinths for columns; bulkhead for storefront window; projecting sills; tile work; transom or clerestory windows; planter box; an element not listed here that meets the intent as approved by the Architectural Design Review Board 3. Treating Blank Walls a. Intent. To ensure that buildings do not display blank, unattractive walls b. Standards. Walls or portions of walls on abutting streets or visible from residential areas where windows are not provided shall have architectural treatment. At least five of the following elements shall be incorporated into such walls: Masonry (except flat, nondecorative block); concrete or masonry plinth at bas of wall; belt course of a different texture and color; projecting cornice; decorative tile work; medallions; opaque or translucent glass; artwork or wall graphics; lighting fixture; green walls; an element not listed here that meets the intent as approved by the Architectural Design Review Board 16.50.030 Operating Restrictions A. Enclosed Building. All uses shall be carried out entirely within a completely enclosed building B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standard 1. Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. C. Location of Parking. No parking spaces may be located within the street setback. 15 B. Rezone Narrative — 9514 228th St SW Packet Pg. 126 Attach 9.1.a Title 17 GENERAL ZONING REGULATIONS Chapter 17.50 OFF-STREET PARKING REGULATIONS 17.50.020 Parking Space Requirements A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per dwelling unit, except: b. Multiple residential according to the following table: Type of multiple dwelling unit Required parking spaces per dwelling unit Studio 1.2 1 bedroom 1.5 2 bedrooms 1.8 3 or more bedrooms 2.0 B. Commercial 4. Medical/Dental offices: one space per 200 sf 5. Business and professional offices with on -site customer service: one space per 400 sf 6. Offices not providing on -site customer service: one space per 800 sf Chapter 17.115 ELECTRIC VEHICLE CHARGING INFRASTRUCTURE 17.115.040 Required Facilities Table 17.115.040: Electric Vehicle Charging Infrastructure Requirements Number of EV Capable Number of EV Ready Number of EV Installed Type of Use Parking Spaces Parking Spaces Parking Spaces Single-family dwelling N/A. 1 per dwelling unit N/A units' Multiple dwelling units' 40% of parking spaces 40% of parking spaces 10% of parking spaces Nonresidential uses 40% of parking spaces 0% of parking spaces 10% of parking spaces Chapter 17.120 BICYCLE PARKING FACILITIES 17-115.040 Required Facilities Table 17.120-1: Short -Term Bicycle Parking Requirements Type of Use Minimum Number of Spaces Required Multiple dwelling units 1 per 10 dwelling units; not less than 2 spaces Nonresidential uses 1 per 12 vehicle parking spaces; not less than 2 spaces 16 B. Rezone Narrative — 9514 228th St SW Packet Pg. 127 Attach 9.1.a Table 17.120-2: Long -Term Bicycle Parking Requirements Minimum Number of Spaces Number of E-bike Installed Type of Use Required Spaces Multiple dwelling units' 0.75 per unit 40 percent of spaces Nonresidential uses 2 per 25,000 square feet of floor 10 percent of spaces area; not less than 3 spaces Title 20 REVIEW CRITERIA AND PROCEDURES Chapter 20.10 DESIGN REVIEW 20.10.010 Types of Design Review The project will be subject to General Design Review per the ECDC. Chapter 20.60 SIGN CODE The project will be subject to the Sign Code per the ECDC. Title 23 NATURAL RESOURCES Chapter 23.10 TREE RELATED REGULATIONS 20.10.010 Administrative Authority The Development Services Director or a designee shall have the authority and rersponsibility to administer and enforce all provisions of this chapter 20.10.060 Tree Retention Associate with Development Activity The City's objective is to retain as many viable trees as possible on a developing site while still allowing a feasible development proposal to move forward in a timely manner. To that end, the City requires approval of a tree retention and protection plan. 17 B. Rezone Narrative — 9514 228th St SW Packet Pg. 128 Attach 9.1.a 3. SURROUNDING AREA The City of Edmonds Zoning Plan Map, Revision Date: August 3, 2022, designates 9514 228' St SW, Edmonds Way as RS-8 �22 8tb St SO L1. Zoning The proposed rezone of the site to BC-EW will be compatible with the existing zoning and land use of adjacent sites. To the West, are two parcels zoned BC-EW. To the south, 9530 Edmonds Way is zoned BC-EW, To the East of the site in the RM-1.5 Zone, there are currently two parcels. To the north, across 228" St SW are multiple RS-8 zoned properties. 18 B. Rezone Narrative — 9514 22811 St SW Packet Pg. 129 Attach 9.1.a LI 1 MPLSW lu f RS-8 �---- 2 31 S1 PL SW 4 -----T - ' ` - i Addresses/Vehicular Circulation Vehicle circulation will remain unchanged u,. ~ 9514 228th S i f N D S Ins 19 B. Rezone Narrative — 9514 228th St SW Packet Pg. 130 Attach 9.1.a rV 2M0d Topography 2. * w I"OV 5 5T sw 9511 Vh 0- 20 B. Rezone Narrative — 9514 228th St SW Packet Pg. 131 Attach 9.1.a CL --r- ----/ A Ln i y„ � STg V Stormwater & Easements a No development is being proposed so stormwater and easements will remain unchanged. 21 B. Rezone Narrative - 9514 228th St SW Packet Pg. 132 Attach 9.1.a ■ db0 • CL 23 - , 9514 228th ST SW „- 97'r3 = Z r J u 2 �B 22L" J 24 i 1 i i 31 i.t �. i - _ L � era r—� • —,� IN i 16 i �� �i i • �f • i i i• i i a 2.301E3 2K-01 } Water Service Water service is fed from the 228th St SW side. The rezone to BC-EW will not affect this. 22 B. Rezone Narrative — 9514 228th St SW Packet Pg. 133 Attach 9.1.a 9514 228th ST SW Critical Areas There is a potential erosion hazard on the critical area map, but the zone change will not affect it because the ground will not be disturbed. "The critical area regulations are only triggered when an alteration is proposed to a critical area or its buffer." (CRA2024-0048 determination)" 23 B. Rezone Narrative — 9514 228th St SW Packet Pg. 134 Attach 9.1.a 4. CHANGE The City of Edmonds Comprehensive Plan Map, Revision Date: May 18, 2021, designates the site as Edmonds Way Corridor. Which is indicated for Mixed -Use Development. This rezone of 9514 228th St SW will allow the site to build a mixed -use project in keeping with the Comprehensive Plan. Property across Edmonds Way is currently zoned BC-EW. 5. SUITABILITY The property is economically and physically suitable for mixed -use under the proposed BC-EW Zone. Its size of 36,375 sf (0.835 acres) is large enough to develop an economically feasible mixed -use project. It is topographically separated and screened by vegetation from adjacent RS zones. The site is on Edmonds Way keeping the mixed -use traffic out of the RS neighborhoods. The site is proximate to the Westgate Commercial Center. B. Rezone Narrative — 9514 228th St SW I Packet Pg. 135 Attach 9.1.a r Commercial WMU Westgate Mixed Use BP Planned Business ..... BN Neighborhood Business FVMU Fndale Village Mixed Use _ BC Com ty Business - BC EW Comrnurrity Business, BC Edmonds Wuy �. Cg general Commeruai � 3 LAJ 27T1{—PL s}�; 23SSTRLSW i r- 228th St SW 1 w:A6:+2 Packet Pg. 136 Attach 9.1.a N M O O N O N Z J a Cn r Cn N N LO T r� N d 7 d d C O N d d f� •L a M C d E t 0 O r� r� Q L r� �3 O a d Ca Cn ql N O O M N O N Z J a w m E u Q B. Rezone Narrative - 9514 228th St SW I Packet Pg. 137 Attach 9.1.a 6. VALUE The relative gain to the public interest value is commensurate with the relative gain to the developer. The mixed -use development allowed by this rezone will provide development in an area designated by the city for this type of development. There is an increase in the density for the developer. The developer, if opting for the increase to 40' height gains flexibility in design by providing the optional requirements. B. Rezone Narrative — 9514 228th St SW I Packet Pg. 138 Attach City of Edmonds PLN2024-0032 REZONE J r � 5 S N 0 22605 22522 LLt li 1 22604 22605 22607 226�5 ol N b' 176 Pt GW- 22615 22608 22609 N 22608 22609 22606 8 0 9628 22618 a 22617 22623 22612 22613 22612 22613 > 22701 � lift� N 22628 22629 22620 � 22619 22620 I 0 22619 '10 _ 9713 22710 S - 822711 22706 = 22708 22706 0 22705 9724 0) H 22705 12A I o' � 9709 22718 -i 12 aA F= 22719 ezvn D22727 99jOS N M 22721 2q1� �i ` N `�.+ may',,..._ 9505 - -- 2�sTH sT SW _ 228TH-SW �zeo, �� moo,, 9721-BPCo -------RS-8---- VA 9103 2809 96� 228TH PL SW 22804 ,06 �j10 RM BC-EW E v N Ltw — EDMONDS wp,Y --� 23003 23001, pp23006 �N O O TP OAT ./ NO rn rn a rn ,o r ~ rn rn 23009i;� T _ g5oa j 1: 2,68601, �3014 z3on N aF29, . ti� c c� Q 223.83 447.7 Feet 4,000 333.3 This map is a user generated static output from an Internet mapping site and i reference only. Data layers that appear on this map may or may not be accui 5_1984_Web-Mercator _Auxiliary -Sphere current, or otherwise relik ity of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCT 9.1.a 00 'i2 - I Cn fn Cn �� • 00 00 99 N .� L0 C) Legend r N 0 Rezones .r to d PRD Cr Ro W w Zoning C RS-6 O N d IRS-8 RS-10 RS-12 .L RSW-12 d E] RS-20 N C RS-MP 4) RIM-3 t 0 ■ RIM-2.4 . RIM-1.5 ram+ Q RM-EW BD1 BD2 Q BD3 � +\ BD4 r BD5 Cl) +\ OR G WMU G M BP N O BIN Z J ® U FVM IlL BC = d Notes t 9514 228TH ST SW RS-8 to BC-EW Site Rezone Q Packet Pg. 139 '11C. l OL)V J 9.1.a I CITY OF EDMONDS NOTICE OF PUBLIC HEARING AND SEPA THRESHOLD DETERMINATION FILE NUMBER PLN2024-0032 PROJECT DESCRIPTION: The applicant is proposing to rezone the subject property from Single -Family Residential (RS-8) to Community Business — Edmonds Way (BC-EW). The review criteria for rezones are contained within Edmonds Community Development Code 20.40 PROJECT LOCATION: 9514 — 2281h St SW, Edmonds, WA Tax Parcel Number 27033600101600 NAME OF APPLICANT: Fairway Apartments, LLC - Brian Shibayama FILE NUMBER: PLN2024-0032 COMMENTS ON PROPOSAL DUE: July 10, 2024 Any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Information on this development application can be obtained online at httos://www.edmondswa.2ov/services/public involvement/public notices/develoomen t notices under the development notice for application number PLN2024-0032, by emailing the City contact listed below, or by calling the City of Edmonds at 425-771- 0220. Please refer to the application number for all inquiries. A copy of the staff report will be available at least seven days prior to the hearing. PUBLIC HEARING INFORMATION: A hybrid public hearing will be held by the Planning Board on July 10, 2024, at 7 p.m. The physical location is at Edmonds City Hall, 1215th Avenue N, 3rd Floor, Brackett Room. Or join the Zoom meeting at: https://edmondswa- gov.zoom.us/j/87322872194?pwd=WFdxTWJIQmxlTG9LZkc3KOhuS014QT09 Or via phone by dialing 253-215-8782 Meeting ID: 873 2287 2194 Password: 007978 SEPA DETERMINATION: Notice is Hereby Given that the City of Edmonds has issued a Determination of Nonsignificance under WAC 197-11-340 for the above project. DATE OF ISSUANCE: June 12, 2024 SEPA COMMENTS: Written comments on this proposal must be submitted between June 12 and 11:59 PM on June 26, 2024. SEPA APPEAL: This SEPA determination may be appealed by filing a written appeal citing the specific reasons for appeal with the required appeal fee no later than July 3, 2024 by 4:00 p.m. Only parties of record as defined in ECDC 20.06.020 have standing to initiate an administrative appeal. CITY CONTACT: Amber Brokenshire, Associate Planner/Amber.Brokenshire@edmondswa.gov Packet Pg. 140 Attach 9.1.a FILE NO.: PLN2024-0032 Applicant: Brian Shibayama DECLARATION OF MAILING On the 1211 Day of June, 2024 the attached Notice of Public Hearing notification was mailed to the City of Edmonds to property owners within 300 feet of the property that is the subject of the above -referenced application. The adjacent property owners list was provided by the applicant. I, Amber Brokenshire, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 12th day of June 2024, at Edmonds, Washington. Si g ned: itz {BFP747887.D0C;1\00006.900000\ I Packet Pg. 141 Attach 9.1.a File No.: PLN2024-0029 Applicant: Dennis Titus DECLARATION OF POSTING On the 17th day of May, 2024, the attached Notice of Application was posted as prescribed by Ordinance. However, it was not posted at the Edmonds Public Library. I, Tristan Sewell, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 17th day of May, 2024, at Edmonds, Washington. Signed: Packet Pg. 142 Attach 9.1.a 4 �� LAM o,� CITY OF EDMONDS e,. is�o 121 5TH AVENUE NORTH, EDMONDS, WA 98020 (425) 771-0220 DETERMINATION OF NONSIGNIFICANCE Description of proposal: The applicant is proposing to rezone the subject property from Single -Family Residential (RS-8) to Community Business — Edmonds Way (BC-EW). The review criteria for rezones are contained within Edmonds Community Development Code 20.40 (File No. PLN2024-0032). Proponent: Fairway Apartments LLC — Brian Shibayama Location of proposal, including street address if any: 9514 228th Street Southwest, Edmonds WA, Tax Parcel 27033600101600 Lead agency: City of Edmonds The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. The City of Edmonds has determined that the requirements for environmental analysis and protection have been adequately addressed in the development regulations and comprehensive plan adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws or rules, as provided by RCW 43.21C.240 and WAC 197-11-158 and/or mitigating measures have been applied that ensure no significant adverse impacts will be created. There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. XX This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Written comments on this proposal must be submitted between June 12 and 11:59 PM on June 26, 2024. Project Planner: Amber Brokenshire, Associate Planner Responsible Official: Mike Clugston, AICP, Acting Planning Manager Contact Information: City of Edmonds 1 121 5th Avenue North, Edmonds WA 98020 1 425-771-0220 Date: June 12. 2024 Signature:����` XX You may appeal this determination to Mike Clugston, AICP, Acting Planning Manager, at 121 5th Ave. N, Edmonds, WA 98020, by filing a written appeal citing the specific reasons for the appeal with the required appeal fee no later than July 3, 2024. You should be prepared to make specific factual objections. Contact Mike Clugston to read or ask about the procedures for SEPA appeals. XX Posted on June 12, 2024, at City Hall and the Edmonds Public Safety Building. Published in the Everett Herald. Uploaded to the Department of Ecology SAW. XX Distribute to "Checked" Agencies below. The SEPA Checklist, DNS, and associated documents can be obtained online at: https://www.edmondswa.gov/services/public involvement/public notices by searching for permit number PLN2024-0032, and by emailing the project planner (amber.brokenshire@edmondswa.gov), or by calling the City of Edmonds at 425-771-0220. Page 1 of 2 SEPA DNS PLN2024-0032 6/12/24.SEPA Packet Pg. 143 Attach 9.1.a Distribution List: This DNS and SEPA checklist were distributed to the following: 0 Applicant 0 Dept. of Ecology ❑ City of Everett ❑ Parties of Record ❑ Dept. of Ecology - Shorelands ❑ City of Lynnwood ❑ Dept. of Natural Resources ❑ City of Mountlake Terrace ❑ US Army Corps of Engineers ❑ Dept. of Commerce ❑ City of Mukilteo ❑X US Fish and Wildlife ❑X WSDOT ❑ City of Shoreline ❑ WSDOT— Ferries ❑ Town of Woodway 0 Puget Sound Energy ❑ Dept. of Fish & Wildlife • Snohomish PUD ❑ Dept. of Health — Drinking Water ❑ Snohomish Co. Public Works ❑ Olympic View Water & Sewer ❑X Dept. of Arch. & Historic Pres. 0 Snohomish Co. PDS ❑ Alderwood Water District ❑ Dept. of Parks and Rec. Commission ❑ Snohomish Co. Health Dist. 0 Edmonds School District ❑ Port of Edmonds ❑ Puget Sound Clean Air Agency ❑ King County - Transit ❑X South County Fire ❑ Puget Sound Regional Council ❑ King County — Environ. Planning ❑ Swedish Hospital ❑ Puget Sound Partnership 0 Community Transit ❑X Tulalip Tribe ❑ Other pc: File No. PLN2024-0032 SEPA Notebook Page 2 of 2 SEPA DNS PLN2024-0032 6/12/24.SEPA Packet Pg. 144 Attach 9.1.a SEPA ENVIRONMENTAL CHECKLIST Purpose of checklist Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization, or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision -making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for lead agencies Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B, plus the Supplemental Sheet for Nonproject Actions (Part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non -projects) questions in "Part B: Environmental Elements" that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 1 of 16 Packet Pg. 145 Attach 9.1.a A. Background Find help answering background questions 1. Name of proposed project, if applicable: 9514 228th St SW, Edmonds, WA 98020 2. Name of applicant: Fairway Apartments LLC, 3. Address and phone number of applicant and contact person: PO Box 713, Mercer Island, WA 98040, Brian Shibayama, managing LLC Partner 4. Date checklist prepared: 03-13-2024 5. Agency requesting checklist: City of Edmonds 6. Proposed timing or schedule (including phasing, if applicable): immediate Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Eventually, but nothing within the next few years. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Nothing for this proposal, but we did have a Phase 1 Environmental Report on the adjacent (9521 and 9531 Edmonds Way) properties. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. , SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 2 of 16 Packet Pg. 146 Attach 9.1.a Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The proposal is to change the zoning of 9514 228th ST SW, from RS-8 to BC-EW 13. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 9514 228th St Sw, Edmonds, WA 98020, Portion of the NE Quarter of the NE Quarter of Section 36, Township 27 North, Range 3 East, W.M. Snohomish County Washington SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 3 of 16 Packet Pg. 147 Attach 9.1.a B. Environmental Elements 1. Eart Find help answering earth questions General description of the site: relatively flat lot with a two story single family house and an unattached storage/workshop Circle or highlight one: Flat, rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? 4.76 What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them, and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Loam and som sand d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. f. Could erosion occur because of clearing, construction, or use? If so, generally describe. Very little because the lot is fairly flat, but no construction is being proposed g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 2.5% (carports, storage building) h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. N/A SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 4 of 16 Packet Pg. 148 Attach 9.1.a SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 5 of 16 Packet Pg. 149 9.1.a 2. Air Find help answering air questions j. a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. k. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. I. c. Proposed measures to reduce or control emissions or other impacts to air, if any. N/A 3. Water Find help answering water questions a. Surface Water: Find help answering surface water questions 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A 4. Will the proposal require surface water withdrawals or diversions? Give a general description, purpose, and approximate quantities if known. 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 6 of 16 Packet Pg. 150 Attach 9.1.a b. Ground Water: Find help answering ground water questions 1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give a general description, purpose, and approximate quantities if known. 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. c. Water Runoff (including stormwater): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. No ponding or streaming observed even during heavy rain. 2. Could waste materials enter ground or surface waters? If so, generally describe. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. 4. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any. NIA SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 7 of 16 Packet Pg. 151 Attach 9.1.a 4. PlantS Find help answering plants questions a. Check the types of vegetation found on the site: ❑X deciduous tree: alder, maple, aspen, other ❑X evergreen tree: fir, cedar, pine, other ❑X shrubs ❑Xgrass 0 pasture 0 crop or grain ❑ orchards, vineyards, or other permanent crops. ❑ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ❑ water plants: water lily, eelgrass, milfoil, other ❑X other types of vegetation b. What kind and amount of vegetation will be removed or altered? None List threatened and endangered species known to be on or near the site. none d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. List all noxious weeds and invasive species known to be on or near the site. 5. Animals Find help answering animal questions a. List any birds and other animals that have been observed on or near the site or are known to be on or near the site. Robins, sparrows, crows, mice Examples include: • Birds: hawk, heron, eagle, songbirds, other: • Mammals: deer, bear, elk, beaver, other: • Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened and endangered species known to be on or near the site. c. Is the site part of a migration route? If so, explain. d. Proposed measures to preserve or enhance wildlife, if any. N/A e. List any invasive animal species known to be on or near the site. Mice, rats SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 8 of 16 Packet Pg. 152 Attach 9.1.a 6. Energy and Natural Resources Find help answering energy and natural resource questions a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc., currently has electricity, b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. 7. Environmental Health Find help with answering environmental health questions a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur because of this proposal? If so, describe. 1. Describe any known or possible contamination at the site from present or past uses. a. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. b. Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. c. Describe special emergency services that might be required. N/A d. Proposed measures to reduce or control environmental health hazards, if any. N/A SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 9 of 16 Packet Pg. 153 Attach 9.1.a b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site)? N/A 3. Proposed measures to reduce or control noise impacts, if any. N/A 8. Land and Shoreline USE Find help answering land and shoreline use questions a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Single family home. Proposal will have no effect on adjacent properties. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses because of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use?no, N/A 1. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how? c. Describe any structures on the site. Single Family, two story house, carport, separate 100 sq ft storage/office area d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 10 of 16 Packet Pg. 154 Attach 9.1.a f. What is the current comprehensive plan designation of the site? Edmonds Way Corridor g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as a critical area by the city or county? If so, specify. i. Approximately how many people would reside or work in the completed project? j. Approximately how many people would the completed project displace? k. Proposed measures to avoid or reduce displacement impacts, if any. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any. 9. Housing Find help answering housing questions - Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. O,no new housing Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. c. Proposed measures to reduce or control housing impacts, if any. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 11 of 16 Packet Pg. 155 Attach 9.1.a 10. AesthetiCs Find help answering aesthetics questions a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? ' b. What views in the immediate vicinity would be altered or obstructed? c. Proposed measures to reduce or control aesthetic impacts, if any. 11. Light and Glare Find help answering light and glare questions a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A b. Could light or glare from the finished project be a safety hazard or interfere with views? c. What existing off -site sources of light or glare may affect your proposal? d. Proposed measures to reduce or control light and glare impacts, if any. 12. Recreation Find help answering recreation questions a. What designated and informal recreational opportunities are in the immediate vicinity? b. Would the proposed project displace any existing recreational uses? If so, describe. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 12 of 16 Packet Pg. 156 Attach 9.1.a 13. Historic and Cultural Preservation Find help answering historic and cultural preservation questions a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers? If so, specifically describe. No b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. A/A d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. 14. Transportation Find help with answering transportation questions a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any., Edmonds Way is in the front of the property and 228th St SW is in the rear. There is driveway access to both streets. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Yes, there is a transit stop around 40 feet to the east on Edmonds Way. c. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle, or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). d. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No e. How many vehicular trips per day would be generated by the completed projector proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? None additional. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 13 of 16 Packet Pg. 157 9.1.a f. Will the proposal interfere with, affect, or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. g. Proposed measures to reduce or control transportation impacts, if any. 15. Public Service Find help answering public service questions a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. 16. UtilitieS Find help answering utilities questions a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None addional C. Signature Find help about who should sign The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. 51 Recoverable Siqnature SEPA Responsible Offical Siqned bv: cl9270a3-ccO9-4526-8d57-e22lb2bO45be Type name of signee: Brian Shibayama Position and agency/organization: managing Fairway Apartments LLC member Date submitted: 3/13/2024 SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 14 of 16 Packet Pg. 158 Attach 9.1.a D. Supplemental sheet for nonproject actions Find help for the nonproiect actions worksheet IT IS NOT REQUIRED to use this section for project actions. Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage, or release of toxic or hazardous substances; or production of noise? • Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? • Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? • Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection, such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? N/A • Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? • Proposed measures to avoid or reduce shoreline and land use impacts are: SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 15 of 16 Packet Pg. 159 Attach 9.1.a 6. How would the proposal be likely to increase demands on transportation or public services and utilities? N/A • Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 16 of 16 Packet Pg. 160 Attach I 9.1.a I City of Edmonds Comprehensive Plan Map 0 126.30 252.6 Feet 188.1 This ma is a user generated static output from an Internet mapping site and is for 2,25% P� B P PP g reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web-Mercator _Auxiliary -Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION 00 .� 52 ti Legend Comprehensive Plan Designation Single Family Urban1 Single . Community Commercial �. Development Edmonds Way Notes PLN2024-0032 9514 - 228th St SW C0 t 00 N N IT L0 CD W M d 3 Cr d d C O N d d M •L d Packet Pg. 161 1 Attach 9.1.a Land Use Element Land Use Map Whenever there are references in this plan to categories of land use, they shall apply to areas shown on the Comprehensive Plan Map as follows: Plan Map Designation Land Use Type Compatible Zoning DensitN Chissitications Units/Acre Activity Center Mix of uses; refer to specific See appropriate category below; plan designations within activity also refer to specific activity center center discussion in plan Corridor Development Mixed use development See appropriate category below; corridor; refer to specific plan also refer to specific corridor designations within condor discussion in plan Designated Park or School Site Public Facility P-zone or appropriate R-zone compatible with neighborhood. ------------- Single Family, Resource .............................. Single family RSW-12, RS-12, RS-20 <4 Single Family, Urban 3 RS-10 < 4.4 Single Family, Urban 2 RS-8 < 5.5 Single Family, Urban 1 RS-6, RS-8 5-8 Multi Family - High Density Multi family RM-1.5, RM-2.4 18-30 Multi Family — Medium Density RM-2.4, RM-3.0 < 18 Mixed Use Commercial Commercial Mixed Use Commercial or mixture of zones Community Commercial WMU, BC, BN, or equivalent Neighborhood Commercial BN or equivalent based on neighborhood plan Highway 99 Corridor CG; may include transitional zones as appropriate Edmonds Way Corridor BP, BN, BC, or similar commercial zone; RM zones Westgate Corridor (Planned BP, BN Business) Hospital / Medical Special Use District Hospital or Medical zone Master Plan Development Master Plan Master Plan Overlay or equivalent classification Public Use or Park/Open Space -------------._ Public or Parks .............. P, OS, or equivalent classification -----.. Land Use 37 Packet Pg. 162 Attach 9.1.a Ch. 16.20 RS - Single -Family Residential I Edmonds Community Development Code Page 1 of 9 Chapter 16.20 RS - SINGLE-FAMILY RESIDENTIAL Sections: 16.20.000 Purposes. 16.20.010 Uses. 16.20.020 Subdistricts. 16.20.030 Table of site development standards. 16.20.040 Site development exceptions. 16.20.045 Site development standards - Single-family master plan. 16.20.050 Site development standards - Accessory buildings. 16.20.000 Purposes. The RS zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: A. To reserve and regulate areas primarily for family living in single-family dwellings; B. To provide for additional nonresidential uses which complement and are compatible with single-family dwelling use. [Ord. 3547 § 1, 2005]. 16.20.010 Uses. A. Permitted Primary Uses. 1. Single-family dwelling units; 2. Churches, subject to the requirements of ECDC 17.100.020; 3. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); 4. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 5. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Foster homes; The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 163 Attach 9.1.a Ch. 16.20 RS - Single -Family Residential I Edmonds Community Development Code Page 2 of 9 2. Home occupation, subject to the requirements of Chapter 20.20 ECDC; 3. The renting of rooms without separate kitchens to one or more persons; 4. The following accessory buildings: a. Fallout shelters, b. Private greenhouses covering no more than five percent of the site, C. Private stables, d. Private parking for no more than five cars, e. Private swimming pools and other private recreational facilities; 5. Private residential docks or piers; 6. Family day care in a residential home; 7. Commuter parking lots that contain less than 10 designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(5) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075; 8. Bed and breakfasts, as in ECDC 20.23.020(A)(1). C. Primary Uses Requiring a Conditional Use Permit. 1. High schools, subject to the requirements of ECDC 17.100.050(G) through (R); 2. Local public facilities that are not planned, designated, and sited in the capital improvement plan, subject to ECDC 17.100.050: 3. Regional parks and community parks without a master plan subject to the requirements of ECDC 17 'Inn n7n D. Secondary Uses Requiring a Conditional Use Permit. 1. Preschools; 2. Guest house; 3. Amateur radio transmitting antennas; 4. Accessory dwelling units; The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 164 Ch. 16.20 RS - Single -Family Residential I Edmonds Community Development Code Attach 9.1.a Page 3 of 9 5. Commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone; and 6. Bed and breakfasts, as in ECDC 20.23.020(A)(2). [Ord. 4333 § 6 (Exh. A), 2023; Ord. 3988 § 7, 2015; Ord 3900 § 4, 2012; Ord. 3702 § 1, 2008; Ord. 3547 § 1, 20051. 16.20.020 Subdistricts. There are established seven subdistricts of the RS zone in order to provide site development standards for areas which differ in topography, location, existing development and other factors. These subdistricts shall be known as the RS-6 zone, the RS-8 zone, the RS-10 zone, the RS-12 zone, the RSW-12 zone, the RS-20 zone, and the RS-MP zone. [Ord. 3547 § 1, 20051. 16.20.030 Table of site development standards. Minimum Minimum Minimum Minimum Minimum Maximum Minimum Sub Maximum Maximum Lot Area Lot Street Side Rear Coverage Parking District Density Height 2 (Sq. Ft.) Width Setback Setback Setback u ( �o) Spaces RS-20 20,000 2.2 100' 25' 35'3 & 10' 25' 25' 35% 2 RS-12 12,000 3.7 80' 25' 10, 25' 25' 35% 2 RSW-124 12,000 3.7 — 15' 10, 35' 25' 35% 2 RS-10 10,000 4.4 75' 25' 10, 20' 25' 35% 2 RS-8 8,000 5.5 70' 25' 7-1/2' 15' 25' 35% 2 RS-6 6,000 7.3 60' 20' S' 15' 25' 35% 2 RS-MP5 12,0005 3.75 80'5 25'5 1015 25'5 25' 35% 2 1 Density means "dwelling units per acre" determined by dividing the total lot area by the density allowed by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole number. 2 See Chapter 17.50 ECDC for specific parking requirements. 3 Thirty-five feet total of both sides, 10 feet minimum on either side. 4 Lots must have frontage on the ordinary high water line and a public street or access easement approved by the hearing examiner. 5 "MP" signifies "master plan." The standards in this section show the standards applicable to development without an approved master plan. Properties in this zone may be developed at a higher urban density lot pattern equivalent to RS-8 but this shall only be permitted in accordance with a duly adopted master plan adopted under the provisions of ECDC 16.20.045. The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 165 Attach 9.1.a Ch. 16.20 RS - Single -Family Residential I Edmonds Community Development Code Page 4 of 9 [Ord. 3547 § 1, 2005]. 16.20.040 Site development exceptions. A. Average Front Setback. If a block has residential buildings on more than one-half of the lots on the same side of the block, the owner of a lot on that block may use the average of all the setbacks of the existing residential buildings on the same side of the street as the minimum required front setback for the lot. Detached structures such as garages; carports; and uncovered porches, decks, steps and patios less than 30 inches in height, and other uncovered structures less than 30 inches in height shall not be included in the "average front setback" determination. An applicant for such a determination shall provide a drawing which locates the street property line for the entire block, as well as the existing street setbacks of all buildings required to be used for the purpose of calculating the "average front setback." The drawing shall be prepared and stamped by a land surveyor registered in the state of Washington. B. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than 30 inches. C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above ground level at any point. D. Reserved. E. Corner Lots. Corner lots have no rear setback; all setbacks other than the street setbacks shall be side setbacks. F. Docks, Piers, Floats. 1. Height. The height of a residential dock or pier shall not exceed five feet above the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark or that height necessary to provide for temporary emergency protection of floating docks. 2. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet or the average length of existing docks or piers within 300 feet of the subject dock or pier. 3. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot width when measured parallel to the shoreline. 4. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard setback from a property line or a storm drainage outfall. joint use docks or piers may be located on the side property line; provided, that the abutting waterfront property owners shall file a joint use maintenance agreement with the Snohomish County auditor in conjunction with, and as a condition of, the issuance of a building permit. joint use docks or piers shall observe all other regulations of this subsection. The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 166 Attach 9.1.a Ch. 16.20 IRS - Single -Family Residential I Edmonds Community Development Code Page 5 of 9 5. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. 6. Size. No residential dock or pier shall exceed 400 square feet. 7. Floats. Offshore recreational floats are prohibited. 8. Covered Buildings. No covered building shall be allowed on any residential dock or pier. [Ord. 3845 § 5, 2011; Ord. 3547 § 1, 20051. 16.20.045 Site development standards - Single-family master plan. A. General. The "single-family - master plan" zone is intended to apply to the area lying along the south side of SR-104 north of 228th Street SW, where there are development constraints related to access and traffic on SR-104. Development in this zone may be approved at IRS-1 2 standards without an approved master plan. An approved master plan is required before any development can occur at RS-8 densities. B. Criteria for Approving a Master Plan. Properties seeking to develop at RS-6 or RS-8 densities shall be developed according to a master plan (such as through a PRD) that clearly demonstrates the following: 1. That access and lot configurations shall not result in additional curb cuts or unmitigated traffic impacts on SR-104; at a minimum, a traffic study prepared by a traffic engineer approved by the city shall clearly demonstrate this requirement. 2. That the configuration and arrangement of lots within the master plan area provide for setbacks on the perimeter of the proposed development that are compatible with the zoning standards applied to adjoining developed properties. For example, a master plan adjoining developed lots in an RS-MP zone that were developed under IRS-1 2 standards shall have IRS-1 2 setbacks along common property lines, although the lot sizes, widths, and other bulk standards may conform to the higher density lot configuration approved through the master plan. [Ord. 3547 § 1, 2005]. 16.20.050 Site development standards - Accessory buildings. A. General. Accessory buildings and structures shall meet all of the standards of ECDC 16.20.030 except as specifically provided in this section. B. Height. Height shall be limited to 15 feet, except for amateur radio transmitting antennas and their supporting structures. Garages or other accessory buildings attached by a breezeway, hallway, or other similar connection to the main building which results in a separation exceeding 10 feet in length may not exceed the 15-foot height limit. The separation shall be determined by the minimum distance between the outside walls of the main building and accessory building, exclusive of the connecting structure. The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 167 Attach 9.1.a Ch. 16.20 RS - Single -Family Residential I Edmonds Community Development Code Page 6 of 9 C. Rear Setbacks. The normally required rear setback may be reduced to a minimum of five feet for accessory buildings covering less than 600 square feet of the site. D. Satellite Television Antenna. A satellite television antenna which measures greater than one meter or 1.1 yards in diameter shall comply with the following regulations: 1. General. Satellite television antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes as the same exist or are hereafter amended. A building permit shall be required in order to install any such device. 2. Setbacks. In all zones subject to the provisions contained herein, a satellite television antenna shall be located only in the rear yard of any lot. In the event that no usable satellite signal can be obtained in the rear lot location or in the event that no rear lot exists as in the case of a corner lot, satellite television antennas shall then be located in the side yard. In the event that a usable satellite signal cannot be obtained in either the rear or side yard, then a roof -mounted location may be approved by the staff, provided, however, that any roof -mounted satellite antenna shall be in a color calculated to blend in with existing roof materials and, in the case of a parabolic, spherical or dish antenna, shall not exceed nine feet in diameter unless otherwise provided for by this section. In no event shall any roof -mounted satellite television antenna exceed the maximum height limitations established by this section. 3. Aesthetic. Satellite television antennas shall be finished in a nongarish, nonreflective color and surface which shall blend into their surroundings. In the case of a parabolic, spherical or dish antenna, said antenna shall be of a mesh construction. No commercial advertising of any kind shall be displayed on the satellite television antenna. 4. Size and Height. Maximum size for a ground -mounted parabolic, spherical or dish antenna shall be 12 feet in diameter. No ground -mounted antenna shall be greater than 15 feet in height unless otherwise approved for waiver as herein provided. The height of roof -mounted satellite television antennas shall not exceed the lesser of the height of the antenna when mounted on a standard base provided by the manufacturer or installer for ordinary operation of the antenna or the height limitation provided by the zoning code. 5. Number. Only one satellite television antenna shall be permitted on any residential lot or parcel of land. In no case shall a satellite television antenna be permitted to be placed on wheels or attached to a portable device for the purpose of relocating the entire antenna on the property in order to circumvent the intentions of this section. E. Amateur Radio Antennas. The following applications for the following approvals shall be processed as a Type II development project permit application (see Chapter 20.01 ECDC): Requests to utilize an amateur radio antenna dish which measures greater than one meter or 1.1 yards in diameter; The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 168 Attach 9.1.a Ch. 16.20 RS - Single -Family Residential I Edmonds Community Development Code Page 7 of 9 b. Requests to utilize an antenna which: i. Would be greater than 12 feet in height above the principal building on a site. The height of the antenna shall be determined by reference to the highest point of the roof of the principal building, exclusive of the chimney or other roof -mounted equipment. The request to locate a 12-foot antenna on a building is limited to buildings whose height conforms to the highest limit of the zone in which the building is located. Would exceed the height limit of the zone when mounted on the ground or on any accessory structure (see subsection (E)(2)(d) of this section). 2. The application shall comply with the following regulations: a. Definition. "Amateur radio antenna" means an antenna, or any combination of a mast or tower plus an attached or mounted antenna, which transmits noncommercial communication signals and is utilized by an operator licensed by the Federal Communications Commission. Guy wires for amateur radio antennas are considered part of the structure for the purpose of meeting development standards. b. General. Amateur radio antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes, as the same exist or are hereafter amended. A building permit shall be required to install an amateur radio antenna. c. Location. Amateur radio antennas may be ground- or roof -mounted, however, these devices shall Be located and constructed in such a manner as to reasonably ensure that, in its fully extended position, it will not fall in or onto adjoining properties; Not be located within any required setback area; and iii. Be retracted in inclement weather posing a hazard to the antenna. d. Height. The height of a ground -mounted tower or roof -top antenna may not exceed the greater of the height limit applicable to the zone or 65 feet when extended by a telescoping or crank -up mechanism unless an applicant obtains a waiver (see subsection (F) of this section). i. Only telescoping towers may exceed the height limits established by subsection (E)(1)(b) of this section. Such towers shall comply with the height limit within the applicable zone and may only exceed the height limit of the applicable zone and/or 65-foot height limit when extended and operating and if a waiver has been granted. An antenna located on a nonconforming building or structure which exceeds the height limit of the zone in which it is located shall be limited to height limit of the zone plus 12 feet. e. Aesthetic. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting. Technological Impracticality - Request for Waiver. The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 169 Attach 9.1.a Ch. 16.20 IRS - Single -Family Residential I Edmonds Community Development Code Page 8 of 9 The owner, licensee or adjacent property owner may apply for a waiver if: a. Strict application of the provisions of this zoning code would make it impossible for the owner of a satellite television antenna to receive a usable satellite signal; b. Strict application of the provisions of this zoning code would make it impossible for the holder of any amateur radio license to enjoy the full benefits of an FCC license or FCC protected right; or c. An adjacent property owner or holder of an FCC license or right believes that alternatives exist which are less burdensome to adjacent property owners. 2. The request for waiver shall be reviewed by the hearing examiner as a Type III -A decision and may be granted upon a finding that one of the following sets of criteria have been met: Technological Impracticality. i. Actual compliance with the existing provisions of the city's zoning ordinance would prevent the satellite television antenna from receiving a usable satellite signal or prevent an individual from exercising the rights granted to him or her by the Federal Communications Commission (FCC) by license, law or FCC regulation; or ii. The alternatives proposed by the property owner or licensee constitute the minimum necessary to permit acquisition of a usable satellite signal by a satellite television antenna or to exercise the rights granted pursuant to a valid FCC license, law or FCC regulation. b. Less Burdensome Alternatives. The hearing examiner is also authorized to consider the application of adjacent property owners for a waiver consistent with the provisions of subsection (F)(1)(c) of this section without the requirement of a finding that a usable satellite signal cannot be acquired when the applicant or adjacent property owner(s) establish that the alternatives proposed by the applicant are less burdensome to the adjacent property owners than the requirements which would otherwise be imposed under this section. For example, adjacent property owners may request alternative or additional screening or the relocation of the antenna on the licensee's property. In the interactive process described in subsection (F)(3) of this section, the hearing examiner shall attempt to balance the impact of the tower on the views of adjacent properties, as well as the impacts of alternative screening and relocation in order to equitably distribute any negative impacts among the neighbors while imposing reasonable conditions on the antenna, its location and screening that do not impair the rights granted by the FCC to the licensee. 3. The process shall be an interactive one in which the hearing examiner works with the licensee to craft conditions which place the minimum possible burden on adjacent property owners while permitting the owner of the satellite antenna or holder of an amateur radio license to fully exercise the rights which he or she has been granted by federal law. For example, the number of antennas and size of the array shall be no greater than that necessary to enjoy full use of the FCC license. Conditions may include but are not limited to requirements for screening and landscaping, review of the color, reflectivity and mass of the proposed satellite television antenna or amateur radio facilities, and other reasonable restrictions. Any restriction shall The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 170 Attach 9.1.a Ch. 16.20 IRS - Single -Family Residential I Edmonds Community Development Code Page 9 of 9 be consistent with the intent of the city council that a waiver to the antenna owner be granted only when necessary to permit the satellite television antenna to acquire usable satellite signal or to allow the licensee to exercise the rights granted by Federal Communications Commission license after consideration of aesthetic harmony of the community. The process employed should involve the interaction of the licensee or owner and the neighborhood. Certain issues have been preempted by federal law and shall not be considered by the hearing examiner. Such issues include, but are not limited to, the impacts of electromagnetic radiation, the potential interference of the amateur radio facility with electronic devices in the neighborhood and any other matter preempted by federal law or regulation. Impact on view and on the values of neighboring properties may be considered in imposing reasonable conditions but shall not be a basis for denial of a permit to construct the antenna. 4. The application fee and notification for consideration of the waiver by an owner of a satellite television antenna shall be the same as that provided for processing a variance. No fee shall be charged to the holder of a valid FCC amateur radio license. 5. In the event that an applicant for waiver is also obligated to undergo architectural design review, the architectural design board shall defer any issues relating to the antenna and/or other amateur radio equipment to the hearing examiner. The hearing examiner may, at his or her discretion, request the architectural design board review and comment regarding required screening and landscaping and its integration into sight and landscaping plans. No additional fee shall be required of the applicant upon such referral. G. The provisions of subsections (D), (E) and (F) of this section shall be interpreted in accordance with the regulations of the Federal Communications Commission including but not limited to PRB-1. In the event of ambiguity or conflict with any of the apparent provisions of this section, the provisions of federal regulations shall control. [Ord. 3736 §§ 8, 9, 2009; Ord. 3728 § 3, 2009; Ord. 3547 § 1, 2005]. The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development 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 Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 171 Attach 9.1.a Ch. 16.50 BC - Community Business I Edmonds Community Development Code Page 1 of 7 Chapter 16.50 BC - COMMUNITY BUSINESS Sections: 16.50.000 BC and BC - Edmonds Way. 16.50.005 Purposes. 16.50.010 Uses. 16.50.020 Site development standards. 16.50.030 Operating restrictions. 16.50.000 BC and BC - Edmonds Way. This chapter establishes two distinct zoning categories, BC and BC - Edmonds Way. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007]. 16.50.005 Purposes. The BC and BC - Edmonds Way zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas for those retail stores, offices, service establishments and amusement establishments which offer goods and services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed -use development which includes multiple dwelling unit(s) that support business uses; D. To implement the policies of Edmonds' comprehensive plan for the Edmonds Way Corridor; E. To meet the goals of the Growth Management Act and the city of Edmonds' comprehensive plan for housing diversity and economic vitality. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007; Ord. 3147 § 1, 1997. Formerly 16.50.000]. 16.50.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 172 Attach 9.1.a Ch. 16.50 BC - Community Business I Edmonds Community Development Code Page 2 of 7 2. Retail stores, restaurants, offices and service uses, excluding intense uses, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment sales and services; 3. New automobile sales and service; 4. Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents; 5. Printing, publishing and binding establishments; 6. Bus stop shelters; 7. Community -oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code; 8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure, except as provided in ECDC 16.50.020(B); 9. Churches, subject to the requirements of ECDC 17.100.020; 10. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 11. Local public facilities subject to the requirements of ECDC 17.100.050; 12. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. Commuter parking lots in conjunction with a facility meeting the criteria listed under subsections (C)(11) through (14) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street; 4. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Wholesale uses; 3. Hotels and motels; 4. Amusement establishments; 5. Auction businesses, excluding vehicle or livestock auctions; The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 173 Attach 9.1.a Ch. 16.50 BC - Community Business I Edmonds Community Development Code Page 3 of 7 6. Drive-in businesses; 7. Laboratories; 8. Fabrication of light industrial products; 9. Convenience stores; 10. Day care centers and preschools; 11. Hospitals, convalescent homes, rest homes, and sanitariums; 12. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 13. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 14. Regional parks and community parks without a master plan subject to the requirements of ECDC 17 inn n7n D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; 2. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4333 § 10 (Exh. A), 2023; Ord. 4314 § 45 (Exh. A), 2023; Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 4, 2013; Ord. 3627 § 2, 2007; Ord. 3353 § 4, 2001; Ord. 3269 § 2*, 1999; Ord. 3147 § 1, 1997]. * Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. 16.50.020 Site development standards. A. Table. Minimum Minimum Minimum Minimum Minimum Maximum Maximum Lot Street Side Rear Lot Area Height Floor Area Width Setback Setback Setback BC None None None None None 25'2 3 sq. ft. per sq. ft. of lot area BC- None None 10, None1 None 253 3 sq. ft. per sq. Edmonds ft. of lot area Way The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 174 Attach 9.1.a Ch. 16.50 BC - Community Business I Edmonds Community Development Code Page 4 of 7 1 The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. The required setback shall be completely landscaped with Type I landscaping permanently maintained by the owner of the BC -zoned lot. 2 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height are modulated in design and are designed as a hip, gable, arch, shed or other similar roof form (see illustrations) Vertical parapet walls or flat roofs with a pitch of less than three-in-12 are not allowed to protrude above the 25-foot height limit unless they are part of an approved modulated design. Examples of Modulated Roof Designs rimm4 —PE ei. i r W 4-6 "MI-1 1:x - ��� 11�■ �11 f Y I!!!11 ii9l. A la!RI 3 The stated height limit may be increased to 40 feet; provided, that: (a) The street setback of any proposed building shall be increased to 15 feet in depth. Type III landscaping shall be located within this setback; (b) Where the proposed development abuts a single-family residential (RS) zoned property, in addition to complying with subsection (a) of this footnote, the proposed development shall modulate the design of any building facades facing the single-family residentially (RS) zoned property; (c) At least three of the following techniques shall be incorporated into the building and/or site's design: (1) Achievement of least LEED gold certification or comparable green building certification; The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 175 Attach 9.1.a Ch. 16.50 BC - Community Business I Edmonds Community Development Code Page 5 of 7 (2) Inclusion of housing units affordable to persons at low/moderate income as determined by Snohomish County Tomorrow. The number of affordable units must be at least 15 percent of the gross number of units proposed; (3) Public amenities within an area comprising at least 25 percent of the length of any required street setback such as outdoor seating, plazas, walkways or other usable open space. The remainder of the setback area will be landscaped with Type III landscaping; (4) Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to: bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re- use. (d) Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. B. Ground Floor. Development on the ground floor shall consist of only commercial uses to a minimum depth of 30 feet as measured from the street front of the building, with the following exceptions or clarifications: That in all areas the provision of pedestrian access to permitted residential uses is allowed. 2. This provision shall not apply when a single-family use is the primary use on the property. 3. In the BC - Edmonds Way zone, where the street frontage of the total site proposed for development exceeds 150 feet in length, this requirement shall apply to only 60 percent of the ground floor street frontage of any proposed building. The remaining 40 percent may include any other uses permitted in the BC - Edmonds Way zone, including, but not limited to, off-street parking or live/work space. C. See Parking (Chapter 17.50 ECDC), Design Review (Chapter 20.10 ECDC) and Sign Code (Chapter 20.60 ECDC) for additional standards. The following design standards shall also apply to buildings within the BC-EW zone. Massing and Articulation. Intent. To reduce the massiveness and bulk of large box -like buildings, and articulate the building form to a pedestrian scale. b. Standards. Buildings shall convey a visually distinct base and top. A "base" can be emphasized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. 2. Ground Level Details. The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 176 Ch. 16.50 BC - Community Business I Edmonds Community Development Code Attach 9.1.a Page 6 of 7 a. Intent. To reinforce the character of the streetscape by encouraging the greatest amount of visual interest along the ground level of buildings facing Edmonds Way. b. Standards. Ground -floor, street -facing facades of commercial and mixed -use buildings shall incorporate at least five of the following elements: i. Lighting or hanging baskets supported by ornamental brackets; ii. Medallions; iii. Belt courses; iv. Plinths for columns; V. Bulkhead for storefront window; vi. Projecting sills; vii. Tile work; viii. Transom or clerestory windows; ix. Planter box; x. An element not listed here that meets the intent, as approved by the Architectural Design Board. 3. Treating Blank Walls. a. Intent. To ensure that buildings do not display blank, unattractive walls. b. Standards. Walls or portions of walls on abutting streets or visible from residential areas where windows are not provided shall have architectural treatment. At least five of the following elements shall be incorporated into such walls: i. Masonry (except for flat, nondecorative concrete block); ii. Concrete or masonry plinth at the base of the wall; iii. Belt courses of a different texture and color; iv. Projecting cornice; V. Decorative tile work; vi. Medallions; vii. Opaque or translucent glass; The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 177 Attach 9.1.a Ch. 16.50 BC - Community Business I Edmonds Community Development Code Page 7 of 7 viii. Artwork or wall graphics; ix. Lighting fixtures; x. Green walls; A. An architectural element not listed above, as approved, that meets the intent. D. Density. There is no maximum density for permitted multiple dwelling units. E. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007; Ord. 3539 § 1, 2005; Ord. 3518 § 1, 2004; Ord. 3492 § 1, 2004; Ord. 3256 § 1, 1999; Ord. 3232 § 1, 1998; Ord. 3147 § 1, 1997]. 16.50.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: Public utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers' markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standards. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 5, 2013; Ord. 3902 § 3, 2012; Ord. 3627 § 2, 2007; Ord. 3320 § 3, 2000; Ord. 3147 § 1, 1997]. The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development 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 Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4355, passed May 7, 2024. Packet Pg. 178 Attach 9.1.a May 3, 2024 Brian Shibayama Fairway Apartments LLC PO Box 713 Mercer Island, WA 98040 Subject: Letter of Completeness and Request of Additional Information Rezone Application Number PLN2024-0032 On behalf of the City of Edmonds Planning Division, I have reviewed the application for a rezone on the property located at 9514 — 228th Street Southwest from Single -Family Residential (RS-8) to Community Business Edmonds Way (BC-EW) for completeness pursuant to Edmonds Community Development Code (ECDC) 20.02.002. The City has determined that the application meets the procedural submission requirements and therefore is complete. Please accept this letter as the City's notice to applicant of determination of completeness pursuant to ECDC 20.02.003. While the application is procedurally complete, additional information and clarifications are needed for continued review of the application. Planning Department Reviewer: Amber Brokenshire Cover Letter Please submit a cover letter describing how the proposal satisfies the requirements of ECDC 20.40.010. I have attached a sample cover letter from an adjacent Rezone project. According to ECDC 20.02.003.D, the above requested information must be submitted within 90 days (or by August 1, 2024) or the application will expire. Since the application has been determined to be procedurally complete, a notice of application will be posted on the subject property and mailed to adjacent property owners within the next two weeks consistent with ECDC 20.03.002. A public hearing before the Planning Board will be scheduled at a later date. The Planning Board meets on the second and fourth Wednesday of each month. I will work with you on scheduling the meeting before the Planning Board based on your availability. If you have any questions of me, please contact me at 425-771-0220 or via email at amber.brokenshire(a), edmondswa. gov. Sincerely, iz Amber Brokenshire Associate Planner CC: File No. PLN2024-0032 Packet Pg. 179 Attach 9.1.a 28 April 2023 City of Edmonds Permitting and Planning Division 121-5t" Ave N Edmonds, WA 98020 Re: Rezone Application for 9530 Edmonds Way to BC-EW This application to rezone 9530 Edmonds Way from RM-EW to BC-EW. We are submitting the following in support of this rezone: A. Land Use Application (attached) B. Narrative describing how rezone satisfies the requirements of the Edmonds Community Development code and Comprehensive Plan (see below) C. Scale Map of 9530 Edmonds Way (attached) D. Vicinity Map of 9530 Edmonds Way (attached) E. Environmental Checklist (SEPA) for 9530 Edmonds Way Rezone Packet Pg. 180 Attach 9.1.a B. REZONE NARRATIVE 9530 Edmonds Way CONTENTS SUMMARY 1. COMPREHENSIVE PLAN 2. ZONING ORDINANCE 3. SURROUNDING AREA 4. CHANGE 5. VALUE SUMMARY We're requesting a rezone of one parcel of land at 9530 Edmonds Way from RM-EW to BC-EW. (Tax Acct #270336001176001) This rezone is in keeping with the policies and goals of the City of Edmonds Comprehensive Plan (Revision Date: May 18, 2021), which designates the parcel as Edmonds Way Corridor. This rezone is in compliance with the Edmonds City Code and Community Development Code (ECDC) which is current through Ordinance 4235, passed October 12, 2021. This rezone to BC-EW allows commercial uses (ECDC 16.50.010) which are not allowed in the current RM-EW Zone (ECDC 16.30.010). This rezone to BC-EW modifies the Site Development Standards of the parcel from the RM-EW Standards (ECDC 16.30.030) to the BC-EW Standards (ECDC 16.50.020).t As in the current RM-EW Zone, the rezone to BC-EW allows the developer to opt for a higher height limit. In this case, 40' instead of 25' with conditions as stated in ECDC 16.50.020.Table A. 2 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 181 Attach 9.1.a COMPREHENSIVE- rezoneLAN This • CC-EW is consistent with the City of • • •s Comprehensive Plan. See •- • The City of Edmonds Comprehensive Plan Map, Revision Date: May 18, 2021, designates the site as Edmonds Way Corridor. Which is indicated for Mixed -Use Development. � � ■.■�:■■ - �� ■ all Madrona Former Flementary Edmonds Way Corridor Edmonds Way Corridor .� � �■ 1 i r ' i 1'1 �'i'� aaiaii�ai ai�i - ' ■1� ■■■■_ C � � �aimi ate/ ■■ ■ ■ 1� ,ti',� 1111 11�� IIIIIIC � "�► ►i�i's ►•�•• •�i�i �iai�i�i�i'•��ii�� ►�i�i�i �i�i�i�i�iai�i�i4 1 • ••• ��•�•�•� ::6Md COMPREHENSIVE PLAN — PURPOSE AND SCOPE The Comprehensive Plan has the following purposes: B. Rezone Narrative — 9530 Edmonds Way 3 Packet Pg. 182 Attach 9.1.a • To provide a framework for moving the Edmonds community toward a sustainable future that integrates and responds to environmental, economic, and social needs in a way which "meets the needs of the present without compromising the ability of future generations to meet their own needs." • To promote the public health, safety, and welfare consistent with the values of the community. • To serve as the basis for municipal policy on land use and development and to provide guiding principles and objectives for the development of regulations and programs that support sustainable development within the city while seeking to conserve, protect, and enhance the community's assets and natural resources. • To anticipate and influence the orderly and coordinated development of land and building use of the city and its environs, and conserve and restore natural beauty and other natural resources. • To encourage coordinated development and discourage piecemeal, spot or strip zoning and inharmonious subdividing. • To facilitate adequate provisions for public services such as transportation, police and fire protection, water supply, sewage treatment, and parks. • To facilitate the provision of sustainable public services consistent with the community's values and needs. Growth Management Goals & Policies A.3. The role of commercial and industrial enterprises, the attendant tax base and provision for consumer needs should be considered as a supporting part of achieving a sustainable community. A.4. Any growth or development should strive to preserve for itself and its neighbors the following values: A.4.a Light (including direct sunlight) A.4.b Privacy A.4.c Public views, open spaces, shorelines and other natural features. A.4.d Freedom from air, water, noise, and visual pollution. A.5. Any residential growth should be designed to accommodate and promote a balanced mixture of income and age groups. The rezone from to BC-EW will have a positive effect on the property's tax base, as well as creating more opportunity for diverse housing types. It will not affect any public views. State Framework Goals Urban Growth — Encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. Reduce Sprawl — Reduce the inappropriate conversion of undeveloped land into sprawling low - density development. Housing — Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. The rezone of this site, which has adequate public services and facilities, will encourage development on this undeveloped site with a density appropriate to its location, as well as creating more opportunity for diverse housing types. Regional Goals Development Patterns — focus growth within already urbanized areas to create walkable, compact and transit -oriented communities. 4 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 183 Attach 9.1.a Housing — The region will preserve, improve, and expand its housing stock to provide a range of affordable, healthy, and safe housing choices to every resident. The region will continue to promote fair and equal access to housing for all people. The rezone of this site to BC-EW will encourage development within this already urbanized area and is within walking distance of Westgate Village. COMPREHENSIVE PLAN — ELEMENTS Sustainability Goals & Policies Sustainability Goal A. Develop land use policies, programs, and regulations designed to support and promote sustainability. Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services, recreation, jobs, and housing. Sustainability Goal E. Develop economic development policies, programs, and regulations designed to support co -location of jobs with housing ... and encourage business activities that supplement traditional businesses and employment concentrations. Sustainability Goal G. Develop housing policies, programs, and regulations designed to support and promote sustainability. Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in lifestyle. The rezone to BC-EW allows an increase in density and the provision of commercial space which supports the goals above. The housing provides an opportunity for more residents to stay in the community. Climate Change Goals and Policies Climate Change Goal E. Encourage Existing land use. Buildings and infrastructure to reduce their carbon footprint. The rezone to BC-EW will allow a higher -density building to be constructed that meets current energy codes, facilitates by location alternative means of transportation, and provides sustainable features yielding a reduction in housing unit carbon footprint. Environmental Quality Goals & Policies Environmental Quality Goal A. Protect environmental quality within the Edmonds community through the enforcement of community -based environmental regulations that reinforce and are integrated with relevant regional, state, and national environmental standards. The rezone to BC-EW will allow a potentially taller building that provides features enhancing the environmental quality such as Low Impact Development (LID) Residential Development Goal & Policies Residential Goal A. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. A.3 Minimize encroachment on view of existing homes by new construction... A.5 Protect residential areas from incompatible land uses... A.6 Require that new residential development be compatible... natural constraints... The rezone to BC-EW will limit building height to an elevation below the living levels of existing single-family residences to the South. Its orientation towards Edmonds Way is not incompatible with those residences that are accessed from 231It PI. SW. Development on the site will fit and be constrained by the existing natural features. 5 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 184 Attach 9.1.a Residential Goal B. A broad range of housing types and densities should be encouraged in order that a choice of housing will be available to all Edmonds residents. B.2 Multiple. The City's development policies encourage sustainable high -quality site and building design to promote coordinated development and to preserve the trees, topography and other natural features of the site. Stereotyped, boxy multiple unit residential (RM) buildings are to be avoided. B.2.a Location Policies. B.2.a.i. RM uses should be located near arterial or collector streets. B.2.b Compatibility Policies. B.2.b.i RM developments should preserve the privacy and view of surrounding buildings, wherever feasible. B.2.b.ii The height of RM buildings that abut single family residential (RS) zones shall be similar to the height permitted in the abutting RS zone except where the existing vegetation and/or change in topography can substantially screen one use from another. The adjacent RS zoned lots (9529 & 9515-231st PI SW) uphill of the site proposed for rezone are substantially higher than the increased height available through the rezone. Additionally, there is a substantial amount of vegetative growth at the southern portion of 9530 Edmonds Way and the northern side of the closest RS zoned lots. B.2.b.iiiThe design of RM buildings located next to RS zones should be similar to the design idiom of the single family residence. B.2.c. General Design Policies. B.2.c.i The nonstructural elements of the building (such as decks, lights, rails, doors, windows and window easements, materials, textures and colors) should be coordinated to carry out a unified design concept. B.2.c.ii Site and building plans should be designed to preserve the natural features (trees, streams, topography, etc.) of the site rather than forcing the site to meet the needs of the imposed plan. A building on the rezoned site will have no visual relationship with the uphill single-family residences. Because of the slope of 9530 Edmonds Way, development would likely be at the bottom of the slope closer to Edmonds Way preserving some trees uphill and fitting into the slope. Commercial Land Use Goals & Policies Commercial Development Goal A. Commercial Development in Edmonds shall be located to take advantage of unique opportunities while being consistent with and compatible with the character of the surrounding neighborhood. The site is identified in the Comprehensive Plan as Edmonds Way Corridor for mixed -use development. The site shares access off Edmonds Way with one curb cut shared with the three parcels to the East. The two parcels directly across Edmonds Way are zoned BC-EW Commercial Development Goal B. The Westgate Commercial area, which is nearby and to the West of this site is intended for commercial development and services. The rezone of this site will support many of the goals identified as being important for the Westgate Commercial Area Commercial Development Goal C. Neighborhood Commercial areas are intended to provide a mix. 6 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 185 Attach 9.1.a Rezoning this site will allow a mixed -use project without creating a `strip mall.' It would allow an appealing mixed -use community within walking distance of shopping and service. Commercial Development Goal D. This goal references the Westgate Corridor which starts West at 100th Ave W. Rezoning this site will allow a project that would meet several goals identified in this policy such as shared access. Commercial Development Goal E. This site is in the Edmonds Way Corridor which runs from 100th Ave W to Highway 99. Concern is expressed that development along the corridor should not interfere with the flow of traffic or intrude into adjoining residential communities. E.1 Minimize contributing significantly to traffic congestion. E.2 Provide transit and pedestrian access to development. E.3 Encourage shared use of driveways and access points EA Encourage design and use of topography to buffer development with adjacent communities Rezoning this site will allow a mixed -use community within walking distance of shopping and service. Additionally, the shared driveway and the effects of the topography meet these goals. Housing Goals & Policies Housing Goal F. Provide for a variety of housing that respects the established character of the community and is located according to the Comprehensive Plan's Land Use Element. Rezoning this site is in keeping with the pattern of development in the Edmonds Way Corridor. Housing Goal J. Recognize that in addition to traditional height and bulk standards, design is an important aspect of housing and determines, in many cases, whether it is compatible with its surroundings. Design guidelines for housing should be integrated, as appropriate, into the policies and regulations governing the location and design of housing. J.1. Provide design guidelines that encourage flexibility in housing types while ensuring compatibility of housing with the surrounding neighborhood. Rezoning the site to BC-EW will be consistent with this goal. Urban Design Goals & Policies General Design Objectives Design Objectives for Site Design. The development of parking lots, pedestrian walkways and landscaping features is an integral part of how a building interacts with its site and its surrounding environment. Good design and site planning improves access by pedestrians, bicycles and automobiles, minimizes potential negative impacts to adjacent development, reinforces the character and activities within a district and builds a more cohesive and coherent physical environment. A.1 Vehicular Access. Reduce the number and width of driveways (curb cuts) in order to improve pedestrian, bicycle and auto safety. 9530 Edmonds Way and the three lots to the East share an access easement from Edmonds Way. There will be only one curb cut on Edmonds Way. A.2 Layout of Parking. Locating buildings in proximity to the street to facilitate direct pedestrian access and help define the street edge. Parking should be placed to the side and rear. Rezoning the site will require buildings on the site to be located close to Edmonds Way. Parking will be garaged and partially underground due to the BC-EW Site Development Standards and the topography. 7 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 186 Attach 9.1.a A.3 Connections On- and Offsite. Design site access and circulation within and between sites to encourage linkages for pedestrians, vehicles, and bicycles. Special attention should be paid to providing and improving connections to transit. The common access from Edmonds Way will tie the circulation between the sites creating a pedestrian, vehicular and bicycle linkage to Edmonds Way A.4 Building Entry Location. Building entries should be configured to provide clear entry points to buildings, be oriented to pedestrian walkways/pathways, and support the overall intent of the streetscape environment. Space at the entry for gathering or seating is desirable for residential or mixed -use buildings. The common access from Edmonds Way will create a clear entry and departure point for vehicles and pedestrians. Internal circulation will support the `streetscape' by extending circulation into the project. Sharing the single driveway provides opportunities for seating or shared space. A.5 Setbacks. Create and maintain the landscape and site characteristics of each neighborhood area and provide a common street frontage tying each site to its neighbor. Setbacks should be appropriate to the desired streetscape, providing for transition areas between public streets and private building entries where a variety of activities and amenities can occur. The setback on this parcel and 9516 Edmonds Way will match because of the constraint of the overhead power line and the Development Standards. Both will provide a landscape transition to the activity of Edmonds Way. A.6 Open Space. For residential settings, create green spaces to enhance the visual attributes of the development and provide places for interaction, play, seating, and other activities. The constraints of maximum building size, required parking, vehicular and fire access will work to provide open space. Goals A.7 through A.13 will inform good design on the site. A.7 Building/Site Identity. Improve pedestrian access and way -finding by providing variety in building forms, colors, materials and individuality of buildings. A.8 Weather Protection. Provide covered walkways and entries for pedestrian weather protection. A.9 Lighting. Provide adequate and appropriate illumination in all areas used by automobiles, bicycles and pedestrians — including building entries, walkways, parking areas, circulation areas and other open spaces — to support activity and security. A.10 Signage. Encourage signage that provides clear information and direction for properties and businesses while preventing the streetscape from becoming cluttered. Encourage the use of graphics and symbols in signage to support the city's emphasis on uniqueness and the arts. A.11 Site Utilities, Storage, Trash and Mechanical Systems. Minimize the noise, odor and visual impacts of utility systems using such features as landscaping, building forms, or integrated design. A.12 Integrating Site Features. Integrate natural landscape features and unique landforms — such as rocky outcroppings or significant trees — into site design whenever possible. A.13 Landscape Buffers. Use landscaping and/or other features such as fences to maintain privacy and create a visual barrier between incompatible uses. These buffering techniques should also be used to soften hard edges (such as the perimeters of parking lots) and reinforce pedestrian ways and circulation routes. Native plants and rain gardens should be promoted as alternatives to lawns and runoff retention areas. The constraints of maximum building size, required parking, vehicular and fire access will work to provide open space. Goals A.7 through A.13, as we'll as the City Code and Design Review, will inform good design on the site. Design Objectives for Building Form. Building height and modulation guidelines are essential to create diversity in building forms, minimize shadows cast by taller buildings upon the pedestrian areas and to ensure compliance s B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 187 Attach 9.1.a with policies in the city's Comprehensive Plan. Protecting views from public parks and building entries as well as street views to the mountains and Puget Sound are an important part of Edmonds character and urban form. A.14 Building Form. Encourage new construction to avoid repetitive, monotonous building forms. A.15 Massing. Reduce the apparent bulk and mass of buildings by encouraging human scale elements in building design and/or by subdividing building masses vertically or horizontally. A.16 Roof Modulation. Use roof forms to help identify different programs or functional areas within the building and support differentiation of building form and massing. Roof design, in combination with wall modulation, can allow for additional light to enter buildings or pedestrian spaces. A.17 Wall Modulation. Variation in materials, decorative elements, or other features should be employed to support pedestrian scale environments and streetscapes, or to help break up large building masses to keep in scale with the surrounding environment. Design Objectives for Building Fagade. Building fagade objectives ensure that the exterior of a building — the portion of a building that defines the character and visual appearance of a place — is of high quality and demonstrates the strong sense of place and integrity valued by the residents of the City of Edmonds. A.18 Building Fagade Design. Encourage building fagades that reinforce the appearance and consistency of streetscape patterns while supporting diversity and identity in building design. A.19 Window Variety and Articulation. Use window size and placement to help define the scale and character of the building. Use the organization and combinations of window types to reinforce the streetscape character or to provide variation in a fagade, as well as provide light and air to the building interior. A.20 Variation in Fagade Materials. Employ variation in materials, colors or design elements on building fagades to help define the scale and style of the structure. Variation in fagade materials can help reduce the apparent bulk of larger buildings while allowing variety and individuality of building design. The constraints of a mixed -use building with its requirements for light and air to the residential units and visibility and openness for the commercial space will direct adherence to these goals. The varying uses will structure the building masses both vertically and horizontally and direct fagade differences that meet goals A.14 through A.20. Urban Design Goals & Policies for Specific Areas Streetscape and Street Trees Goals & Policies Streetscape and Street Trees Goal A. Enhance the public realm through streetscape and street tree choices. Through the development of this parcel and 9516 Edmonds Way to the East, the streetscape will be improved. Storm & Surface Water System Goals & Policies Storm and Surface Water Management Goal A. Manage the storm and surface water system by combining preservation of natural systems and engineered solutions to: • Provide for public safety; • Minimize property damage; • Preserve and enhance critical areas; • Promote sustainability; • Comply with applicable local, state, and Federal regulations. 9 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 188 Attach 9.1.a The term low impact development (LID) refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. This rezone to BC-EW will encourage Low Impact Development through the allowable height provisions of the BC-EW Zoning. 10 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 189 Attach 9.1.a 2. ZONING ORDINANCE This rezone to BC-EW is consistent with the Edmonds City Code and Community Development Code. See below. The Edmonds City Code and Community Development Code is current through Ordinance 4294, passed February 28, 2022. The City of Edmonds Zoning Plan Map, Revision Date: August 3, 2022, designates 9530 Edmonds Way as RM-EW 111 NShL 1 tios XKiWay A - :PRo2000. 2�.-I Madrona • K-R Inhonl Multi Family RM 3 Multi Family. 3,000 sq. ft. of lot area Per unit RM 2.4 Muir$ Famllg 2.400 sq. ft. of lot area per unit _ RM. 1,5 Multi Family, f, 500 sq. ft. of lot a,— per unit I- RM-CW Multi Family. RMddmonds Way Commercial WMU Westgate Mixed Use BP Planned Business BN Neighborhood Business ® FVMU Fociale Village Mixed Use - BC Community Business - BC EW Comrnum ty Business. BC -Edmonds Wuy Cu General Commercial 9530 Edmonds Way 11 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 190 Attach 9.1.a Title 16 ZONE DISTRICTS 16.00.010 Purposes states that in addition to the purposes stated in the city's comprehensive plan, the zoning ordinance shall have the purpose to assist in the implementation of the adopted comprehensive plan for regulating and providing for existing uses and planning for the future. It further states that the zoning ordinance's purpose is to protect the character and the social and economic stability of residential, commercial, industrial and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. 16.50 BC — COMMUNITY BUSINESS 16.50.005 Purposes The BC and BC -Edmonds Way zones have the following specific purposes in addition to the general purposes for business and commercial zones: A. To reserve areas for... offices... which offer... services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed -use development which includes multiple dwelling units that support business uses: D. To implement the policies of Edmonds' Comprehensive Plan for the Edmonds Way Corridor; E. To meet the Growth Management Act and the City of Edmonds' Comprehensive plan for housing diversity and economic vitality This rezone to BC-EW is fully in keeping with each of the above stated purposes. 16.50.010 Uses Permitted Primary Uses include offices and multiple dwelling units (except on ground floor per ECDC 16.50.020(B). Permitted Secondary Uses include off-street parking and loading to serve a permitted use. 12 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 191 Attach 9.1.a 16.50.020 Site Development Standards A- Table Minimum Minimum Minimum Minimum Minimum Street Side Rear Maximum Maximum Floor Lot Area Lot Width Setback Setback Setback Height Area BC None None None None' None' 25,2 3sq,ft. per sq. ft. of lot area BC— None None 10, None' None' 25-3 3 sq. ft. per sq. Edmonds ft. of lot area Way ' The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacentto residentially (R) zoned property. The required setback shall be completely [an ciscaped with Type I Ian escaping permanently maintained by the owner of the BC -zoned lot. 2 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height are modulated in design and are designed as a hip, gable, arch, shed or other similar roof form (see illustrations). Vertical parapet walls or flat roofs with a pitch of less than three-in-12 are not allowed to protrude above the 25-foot height limit unless they are part of an approved modulated design. Examples of Modulated Root Designs ����, rr�■ .ter — ® 0 I!!lill Will I!!e 'ar�i Wl 7 The stated height limit may be increased to 40 feet; provided, that: (a) The street setback of art/ proposed building shall be increased to 15 feet in depth. Type III landscaping shall be located within this setback; (b) Where the proposed development abuts a single-family residential (IRS) zoned property, in addition to complying with subsection (a) of this footnote, the proposed development shall modulate the design of any building facades facing the single-family residentially (RS) zoned property; (c) At least three of the following techniques shall be incorporated into the building and/or site's design: (1) Achievement of least LEED gold certification or comparable green building certification; (2) Inclusion of housing units affordable to persons at low/moderate income as determined by Snohomish County Tomorrow. The number of affordable units must beat least 15 percent of the gross number of units proposed; (3) Public amenities within an area comprising at least 25 percent of the length of any required street setback such as outdoor seating, plazas, walkways or other usable open space. The remainder of the setback area will be landscaped with Type III landscaping; (4) Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to: bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re -use. (d) Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. 13 B. Rezone Narrative - 9530 Edmonds Way Packet Pg. 192 Attach 9.1.a B. Ground Floor. Development on the ground floor shall consist of only uses to a minimum of 30' measured from the street front of the building C. See Parking (Chapter 17.50 ECDC), Design Review (Chapter 20.10 ECDC), and Sign Code (Chapter 20.60 ECDC) for additional standards. The following design standards shall also apply to buildings within the BC-EW zone: 1. Massing and Articulation a. Intent. To reduce the massiveness and bulk of large box -like buildings and articulate the building from a pedestrian perspective b. Standards. Buildings shall convey a visually distinct base and top. A "base" can be emphasized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. 2. Ground Level Details. a. Intent. To reinforce the character of the streetscape by encouraging the greatest amount of visual interest along the ground level of buildings facing Edmonds Way b. Standards. Ground -floor street -facing facades of commercial and mixed -use buildings shall incorporate at least five of the following elements: lighting or hanging baskets; medallions; belt courses; plinths for columns; bulkhead for storefront window; projecting sills; tile work; transom or clerestory windows; planter box; an element not listed here that meets the intent as approved by the Architectural Design Review Board 3. Treating Blank Walls a. Intent. To ensure that buildings do not display blank, unattractive walls b. Standards. Walls or portions of walls on abutting streets or visible from residential areas where windows are not provided shall have architectural treatment. At least five of the following elements shall be incorporated into such walls: Masonry (except flat, nondecorative block); concrete or masonry plinth at bas of wall; belt course of a different texture and color; projecting cornice; decorative tile work; medallions; opaque or translucent glass; artwork or wall graphics; lighting fixture; green walls; an element not listed here that meets the intent as approved by the Architectural Design Review Board 16.50.030 Operating Restrictions A. Enclosed Building. All uses shall be carried out entirely within a completely enclosed building B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standard 1. Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. C. Location of Parking. No parking spaces may be located within the street setback. 14 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 193 Attach 9.1.a Title 17 GENERAL ZONING REGULATIONS Chapter 17.50 OFF-STREET PARKING REGULATIONS 17.50.020 Parking Space Requirements A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per dwelling unit, except: b. Multiple residential according to the following table: Type of multiple dwelling unit Required parking spaces per dwelling unit Studio 1.2 1 bedroom 1.5 2 bedrooms 1.8 3 or more bedrooms 2.0 B. Commercial 4. Medical/Dental offices: one space per 200 sf 5. Business and professional offices with on -site customer service: one space per 400 sf 6. Offices not providing on -site customer service: one space per 800 sf Chapter 17.115 ELECTRIC VEHICLE CHARGING INFRASTRUCTURE 17.115.040 Required Facilities Table 17.115.040: Electric Vehicle Charging Infrastructure Requirements Number of EV Capable Number of EV Ready Number of EV Installed Type of Use Parking Spaces Parking Spaces Parking Spaces Single-family dwelling N/A 1 per dwelling unit N/A units' Multiple dwelling units' 40% of parking spaces 40% of parking spaces 10% of parking spaces Nonresidential uses 40% of parking spaces 0% of parking spaces 10% of parking spaces Chapter 17.120 BICYCLE PARKING FACILITIES 17.115.040 Required Facilities Table 17.120-1: Short -Term Bicycle Parking Requirements Type of Use Minimum Number of Spaces Required Multiple dwelling units 1 per 10 dwelling units; not less than 2 spaces Nonresidential uses 1 per 12 vehicle parking spaces; not less than 2 spaces 15 B. Rezone Narrative - 9530 Edmonds Way Packet Pg. 194 Attach 9.1.a Table 17.120-2: Long -Term Bicycle Parking Requirements Minimum Number of Spaces Number of E-bike Installed Type of Use Required Spaces Multiple dwelling units' 0.75 per unit 40 percent of spaces Nonresidential uses 2 per 25,000 square feet of floor 10 percent of spaces area; not less than 3 spaces Title 20 REVIEW CRITERIA AND PROCEDURES Chapter 20.10 DESIGN REVIEW 20.10.010 Types of Design Review The project will be subject to General Design Review per the ECDC. Chapter 20.60 SIGN CODE The project will be subject to the Sign Code per the ECDC. Title 23 NATURAL RESOURCES Chapter 23.10 TREE RELATED REGULATIONS 20.10.010 Administrative Authority The Development Services Director or a designee shall have the authority and rersponsibility to administer and enforce all provisions of this chapter 20.10.060 Tree Retention Associate with Development Activity The City's objective is to retain as many viable trees as possible on a developing site while still allowing a feasible development proposal to move forward in a timely manner. To that end, the City requires approval of a tree retention and protection plan. 16 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 195 Attach 9.1.a 3. SURROUNDING AREA The City of Edmonds Zoning Plan Map, Revision Date: August 3, 2022, designates 9530 Edmonds Way as RM-EW d� H a PL SW r1 Y Z30M� Z 0 150 300ft Zoning The proposed rezone of the site to BC-EW will be compatible with the existing zoning and land use of adjacent sites. To the West, the RM-1.5 parcel is a PUD Substation and will not change in the foreseeable future. To the south, the RS-8 zone is up a steep slope and about 30'-40' higher than 9530 Edmonds Way. To the East of the site in the RM-1.5 Zone, there are currently two houses. Access to 9530 Edmonds Way will come from the shared easement with 9516 Edmonds Way and turn West on to 9530 Edmonds Way. This will create further separation 17 B. Rezone Narrative - 9530 Edmonds Way Packet Pg. 196 Attach 9.1.a between a project on the site and those two houses. The RM-EW parcel to the East at 9516 Edmonds Way is being developed as eight townhouse units. SW V. "o`fi' '"` 22804 ICA kn M c �t g6O r27 co _ X N 1 \ 9715 °' a�.. ,'o 9620 d !� ----��1 _ 1 2300.323001 - - - - No a► N w fi 230 09? G 23014 Q l 23017 !V 9629 4- 23024?28 = 23027 9WI Qti SSOg 23030 � 960in 9 y't 9s? ID 71i c� in 7�i 97 in 231ST PL SW 23109 9610 c' 9716 9706 Addresses/Vehicular Circulation 9530 Edmonds Way cD m co There are no direct vehicle connections from 9530 Edmonds Way to the residential neighborhood to the South. The rezone to BC-EW will not change this. A •A B. Rezone Narrative — 9530 Edmonds Way 18 Packet Pg. 197 Attach 9.1.a El. 338' per �• survey •• • • r P 07 El. 334' per i� survey ■ 9 2C El. 34-9 per �-survey �. 0 50 100ft Topography 9530 Edmonds Way Assuming an approximate average grade for a project on 9530 Edmonds Way of el. 340'. A 40' high building, allowed under the proposed BC-EW Zone, will only be as high as the top of slope on the adjacent single-family properties to the South. It would be approximately 65' away from the houses and separated by trees and other vegetation. 19 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 198 Attach 9.1.a ON�7 20' PUD Easement 20' Shared Access i Easement G/ �( 003 230171ft 3027 I : 7DU7tL r S... 0 s0 100ft Stormwater & Easements • •• ��� i •, 910 Edmonds Way • • • • s Approximate center .......... C... : location of 10' Edmonds Stormwater from the uphill residential lots to the South apparently flows through the 9530 Edmonds Way site in a City of Edmonds 10' Easement. Development on 9530 Edmonds Way will have to relocate this easement and, in the process, improve the drainage. This is a benefit to the uphill neighbors and the city by creating a more controlled flow. Access to 9530 Edmonds Way will be in the shared access easement on the west side of 9516 Edmonds Way. 9520 and 9524 Edmonds Way will benefit from the improvement of this single access point. 20 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 199 Attach 9.1.a .a ,r •� 9530 Edmonds Way Ou" • IC • S '1,► �O� • 9620 e-� Water Service • , '---------- Olvimpit View skater P 23 003 • 2*)01 • s • • ��o - • • • 23 t*- 23001)4 0 U17 • • CD • °� • # 90 23OW : 960116 • - • � • � j S�,* 96b9 9s,0 nd5v.. `V� 0 50 100ft — 11,n01 �_ `� ■ Water Service Water service connects the uphill residential lots to Edmonds Way through an easement to the East of 9530 Edmonds Way. The rezone to BC-EW will not affect this. 21 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 200 Attach 9.1.a 'LL. Sl SW rn y rf _ 287H PLSW 9 1 > WAY -_ 0 150 300ft Critical Areas I J. Id �I 9530 Edmonds Way, ■ r 228TH S SM Mapped Critical �, �� �Lj Areas (colored areas) �- 4 »a+{ Department of Natural Resources (DNF There are a few minor mapped critical areas on the 9530 Edmonds Way site. Uphill to the South of the site there are more substantial steep slopes and slide hazard areas mapped on the single-family lots. Development on the 9530 Edmonds Way site through this rezone may help to stabilize the uphill properties. 22 B. Rezone Narrative — 9530 Edmonds Way Packet Pg. 201 Attach 9.1.a 4. CHANGE The City of Edmonds Comprehensive Plan Map, Revision Date: May 18, 2021, designates the site as Edmonds Way Corridor. Which is indicated for Mixed -Use Development. This rezone of 9530 Edmonds Way will allow the site to build a mixed -use project in keeping with the Comprehensive Plan. Property across Edmonds Way is currently zoned BC-EW. 5. SUITABILITY The property is economically and physically suitable for mixed -use under the proposed BC-EW Zone. Its size of 36,375 sf (0.835 acres) is large enough to develop an economically feasible mixed -use project. It is topographically separated and screened by vegetation from adjacent IRS zones. The site is on Edmonds Way keeping the mixed -use traffic out of the IRS neighborhoods. The site is proximate to the Westgate Commercial Center. a a _�, �2�32SS �NND �-T SSW—�� 1 Commercial WMU Westgate Mixed Use BP Planned Business BN Neighborhood Business FVMU Firdole Wlloge Mixed Use - BC Community Business - BC-EW Community Business. BC -Edmonds Way !. CG General Commercial B. Rezone Narrative — 9530 Edmonds Way I Packet Pg. 202 Attach 9.1.a 6. VALUE The relative gain to the public interest value is commensurate with the relative gain to the developer. The mixed -use development allowed by this rezone will provide development in an area designated by the city for this type of development. There is an increase in the density for the developer. The developer, if opting for the increase to 40' height gains flexibility in design by providing the optional requirements. The infill development resulting from this rezone will increase housing diversity in the community and raise the site's tax basis.The public gains in sustainability and housing, which are goals of the Edmonds Comprehensive Plan. B. Rezone Narrative — 9530 Edmonds Way I Packet Pg. 203 Attachm MEMORANDUM Date: June 11, 2024 To: Amber Brokenshire, Planning Division From: Jeanie McConnell, Engineering Division Subject: PLN2024-0032 — Rezone RS-8 to BC-EW Fairway Apartments, LLC — 9514 Edmonds Way Engineering has reviewed the subject application and found the information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. Compliance with Engineering codes and construction standards will be reviewed with future building permit application, if any, for development on the site. The proposed rezone is to go from RS-8 to BC-EW. Within the Edmonds Comprehensive Plan, the subject site is designated as "Edmonds Way Corridor", which is planned for Mixed - Use Development. The owner of the subject property is also the owner of the two properties directly west of the subject site which are already designated as BC-EW. The proposed rezone in itself will not determine access to the property and this would be reviewed closely with any future development proposal. In consideration of these facts, a transportation analysis is not required at this time and can be deferred to the future development/building permit phase of the project. Thank you. City of Edmonds Packet Pg. 204 Attachm Brokenshire, Amber From: Cory Yalowicki <cryalowicki@gmail.com> Sent: Friday, May 31, 2024 11:18 AM To: Brokenshire, Amber Cc: Aryn Grause Subject: Re: Edmonds Way Corridor Project Follow Up Flag: Follow up Flag Status: Flagged You don't often get email from cryalowicki@gmail.com. Learn why this is important To whom it may concern, We would like to comment on the rezoning of 9514 228th St SW, Edmonds, WA (Tax Parcel Number 27033600101600) from Single- Family Residential (RS-8) to Community Business — Edmonds Way (BC-EW). While we respect that this is within the City of Edmonds Comprehensive Plan, we would like to request that measures be taken to protect the residential communities adjacent to this property. The health and safety of the residential community should be maintained. To do so, we would request that the city impose the following measures on the commercial property owner: * All driveways for the commercial property should enter/exit onto Edmonds Way. 228th St SW is a narrow quiet residential street which cannot support additional traffic. In addition, this is a common walking path for folks in the community and additional traffic (especially speeders) would risk the safety of all residents. * Self-contained parking - the commercial property should ensure that all parking necessary to support its business(es) are contained within the plot itself and not overflow into the residential community. * Lights, Noise, and Trash - the commercial property should have to create a barrier (trees, retaining wall, etc) to prevent any lights, noise, or trash from its business from impacting the residential neighborhood adjacent to its property. As residents of the neighborhood, we are delighted to see Edmonds grow but measures should be taken to ensure it does not harm the charm that we have all enjoyed. Respectfully, Cory Yalowicki and Aryn Grause On Fri, May 31, 2024 at 8:21 AM Aryn Grause <aryngrause@gmail.com> wrote: Hey Cory, we didn't discuss our comment for the rezoning across the street. How about something like this? To those it may concern, We would like to comment on the rezoning of 9514 228th St SW, Edmonds, WA (Tax Parcel Number 27033600101600) from Single- Family Residential (RS-8) to Community Business — Edmonds Way (BC-EW). While we respect that this is within the City of Edmonds Comprehensive Plan, we would like to request that measures be taken to protect the residential communities adjacent to this property. The health and safety of the residential community should be maintained. To do so, we would request that the city imposes the following measures on the commercial property owner: * All driveways for the commercial property should enter/exit onto Edmonds Way - 228th St SW is a narrow quiet residential street which cannot support additional traffic. In addition, this is a common walking path for folks in the community and additional traffic (especially speeders) would risk the safety to all residents. Packet Pg. 205 Attachm * Self-contained parking - the commercial property should ensure that all parking necessary to support it's business(es) are contained within the plot itself and not overflow into the residential community. * Lights, Noise, and Trash - the commercial property should have to create a barrier (trees, retaining wall, etc) to prevent any lights, noise, or trash from its business from impacting the residential neighborhood adjacent to its property. As residents of the neighborhood, we are delighted to see Edmonds grow but measures should be taken to ensure it does not harm the charm that we have all enjoyed. Respectfully, On Wed, May 29, 2024 at 7:16 PM Aryn Grause <aryngrause@gmail.com> wrote: Landscape Types: https://edmonds.municipal.codes/ECDC/20.13.030 *Type I landscaping is intended to provide a very dense sight barrier to significantly separate uses and land use districts. 1. Two rows of evergreen trees, a minimum of 10 feet in height and planted at intervals of no greater than 20 feet on center. The trees must be backed by a sight -obscuring fence a minimum of five feet high or the required width of the planting area must be increased by 10 feet; and 2. Shrubs a minimum of three and one-half feet in height planted in an area at least five feet in width, and other plant materials, planted so that the ground will be covered within three years; 3. Alternatively, the trees and shrubs may be planted on an earthen berm at least 15 feet in width and an average of five feet high along its midline. On Wed, May 29, 2024 at 6:51 PM Cory Yalowicki <cryalowicki@gmail.com> wrote: The setback for buildings and structures located at or above grade (exempting building s and structures entirely below the surface of the ground) (shall be 15 feet from the lot line adjacent to residentially (R) zoned property. The required setback shall be completely landscaped with Type I landscaping permanently maintained by the owner of the BC -zoned lot. Well that's a good sentence! On Wed, May 29, 2024 at 5:48 PM Aryn Grause <aryngrause@gmail.com> wrote: The City of Edmonds introduced a new code (BC-EW) for Edmonds Way Corridor. Definition of BC-EW is available here(https://edmonds.municipal.codes/ECDC/16.50.000). The rezoning request aligns the property with the City of Edmonds Comprehensive Plan: https://cdnsm5- hosted.civiclive.com/UserFiles/Servers/Server 16494932/File/Government/Departments/Development%20Services /Planning%20Division/2024%20Comp%20PIan%20Update/CP 2020 adopted.pdf WA Driveways: https://edmonds.municipal.codes/ECDC/18.80.060 * No driveway shall be so located as to create a hazard to pedestrians, bicyclists or motorists or invite or compel illegal or unsafe traffic movements. Packet Pg. 206 Attachm Zoning Codes: * SFH: https://edmonds.municipal.codes/ECDC/16.20 * Community Business: https://edmonds.municipal.codes/ECDC/16.50 * The Isetback for buildings' and Istructures. located at or above grade (exempting building as buildings structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. The required setbackshall be completely landscaped with Type I landscaping permanently maintained by the owner of the BC -zoned 'lot. This rezone is in compliance with the Edmonds City Code and Community Development Code (ECDC) which is current through Ordinance 4235, passed October 12, 2021. Packet Pg. 207 Attachm Brokenshire, Amber From: Rachel Ross <raross1010@gmail.com> Sent: Friday, May 31, 2024 4:19 PM To: Brokenshire, Amber Cc: Brad Ross; Alek; cadams0502@gmail.com Subject: PLN2024-0032 Comment Period - Opposed You don't often get email from raross1010@gmail.com. Learn why this is important Hi Amber - We are writing to expressly oppose the request to rezone the property location at 9514 228th St SW (Tax Parcel Number 27033600101600) from RS-8 to BC-EW. We have a list of concerns for this zoning change request related to pedestrian safety and auto safety as detailed below Lot access is on a residential street. This lot is currently zoned as residential as access resides on a residential street (i.e. 228th St SW). Accordingly, it should continue to remain a residential lot. 2. Pedestrian safety concerns on 228th St SW. We have 17 kids living within our small cul de sac that frequently walk along this street where there are currently no sidewalks. Increased commercial traffic along 228th St SW would put our kids at risk along with many other neighbors in the area that walk this street. 3. Pedestrian safety concerns on 96th Ave W. Commercial access on 228th St SW would increase vehicle traffic on 96th Ave W where there are no sidewalks between 228th and 224th. This stretch of road is the main route for many of our cul de sac kids along with other neighbors on this street to walk to Westgate Elementary School. Increased traffic on 96th Ave W would put our kids at risk. 4. Pedestrian safety concerns on 224th St SW. Commercial access on 228th St SW would also increase vehicle traffic on 224th St SW where there are no sidewalks between 96th Ave W and 100th Ave W. This route could be used to bypass the highway when driving towards downtown Edmonds, cutting through neighborhoods. 5. Pedestrian safety concerns along Hwy 104 (Edmonds Way). Approving commercial use to this lot exponentially increases the risk to pedestrians along Hwy 104 (Edmonds Way) as recent commercial zoning changes to 9530 Edmonds Way and 9601 Edmonds Way have already been approved. This zoning request is now additive to the risks previously raised by our cul de sac community. 6. Auto safety concerns along Hwy 104 (Edmonds Way). This lot also has access on Hwy 104 (Edmonds Way). No further commercial businesses should be allowed, specifically along this curve, on Hwy 104 (Edmonds Way) at 95th PI W as this curve has proven to be treacherous. Multiple accidents along this curve occur each year due to the high volume of traffic on the road along with limited visibility, as cars continue to speed along the highway at this location making it unsafe to enter and exit the highway when not at an intersection. 7. Auto safety concerns along 95th PI W. Increased commercial traffic on 228th St SW would put further strain on the cross street at 95th PI W. This intersection is within 150ft of the Hwy 104 (Edmonds Way) intersection and proves to be a challenge to cross the road when traffic continually enters 95th PI W with limited visibility when turning off of 228th St SW. As parties of record, we kindly request you to take heed to our concerns and do not approve the rezoning application request. Packet Pg. 208 Attachm Brad & Rachel Ross 22804 96th PI W Edmonds, WA 98020 Colin & Alek Adams 22806 96th PI W Edmonds, WA 98020 Packet Pg. 209 9.1.b PROPOSED REZONE of 9514-228 TH STREET SOUTHWEST (PLN2024-0032) Amber Brokenshire, Associate Planner Planning Board Public Hearing July 10, 2024 F E04, Packet Pg. 210 9.1.b Overview LO T M • Private rezone request of 9514 — 228t" St. SW from Single- y Family (RS-8) to Community Business — Edmonds Way (BC- 0 EW) N w •L a • Rezone Process • Site Context • Rezone Review Criteria • Recommendation to cn.y Q Packet Pg. 211 9.1.b Process • Site specific rezones are a Type IV (quasi-judicial) permit • The Planning Board holds public hearing and makes recommendation to City Council on whether the piece of and should be zoned in a different way • City Council holds aclosed-record review of the Board's recommendation and adopts an ordinance if they approve of the zone change • The zoning map is updated by staff accordingly F E04, Packet Pg. 212 Public Notice and Comments 91b LO M • Notice of Application issued on May 17 and Notice of Public Hearing/SEPA DNS issued on June 12, 2024 0 N d d w fC • Two public comments in opposition to the proposed rezone were received based on concerns about traffic, site access from 228t" St. SW, parking for future development, and N i a landscaping ' .L • This not a development application • Access and traffic impacts and consistency with all applicable building, engineering and zoning codes would be reviewed at the project stage in the future F E 04, ++ :y v tip a w Packet Pg. 213 Site Context • The proposal includes one parcel currently taking access from 228t" St SW • The site contains asingle-family residence '• f> Packet Pg. 214 Rezone Review Criteria 91b LO T M N d • Per ECDC 20.40.010, the Planning Board must consider the following factors when reviewing a proposed rezone: w • Comprehensive Plan • Zoning Ordinance • Surrounding Area .L • Changes • Suitability CN • Value M O F E 04, ++ :y v tip a w Packet Pg. 215 Comprehensive Plan Consistency • Comprehensive Plan Designation • Edmonds Way Corridor • Compatible Zoning • BP, BN, BC, or similar commercial zone and RM zones • RS is not compatible zoning • A rezone to BC-EW would be consistent with the Comprehensive Plan F E04, Community Commercial 1 iN av Single Family Urban 1 PPI Edmonds Way Corridors % E St S%, 231ST Pl S`J 9.1.b Packet Pg. 216 Zoning Ordinance • In 2007, Ord. 3627 established the Community Business -Edmonds Way (BC- EW) designation to recognize unique nature and physical constraints of the Edmonds Way corridor • The BC zone reserves areas to allow for mixed -use development which includes multiple dwelling unit(s) that support business uses • A rezone on this site would allow for a future mixed -use community within walking distance of existing commercial and service uses at Westgate • Rezoning the site to BC-EW is consistent F E04, ,y with the purposes of the zoning ordinance 'Rk ^"''��ae�r►`�a weir}��` :�-�� 9.1.b Packet Pg. 217 Surrounding Area • Properties north — RS-8 Single -Family Residential • Properties west — BC-EW. Developed with Single - Family residences. • Properties east — RM-1.5. Currently vacant. • Edmonds Way south of parcel. Mix of RM and BC. • Westgate intersection mile west F E04, acket Pg. 218 is Annexed 1990 • Two parcels to west rezoned in 2007 • Two parcels to the east rezoned in 2011 • Westgate Mixed Use (WMU) zone established in 2015 • Several parcels south of Edmonds Way recently rezoned as well F E0M Changes s-82]711 = 12719 9 r Its �S ue�q ti 23001 1 22620 22706 M ST SW �b 9505 .9 L 0) LO T M N d s m c 0 N d a L�1n a 97: g p tip Packet Pg. 219 9.1.b Suitability • Physically —fairly level with access to Edmonds Way • Economically —applicant owns two parcels to west as well • Site is near existing and future mixed -use and commercial development • Served by Community Transit F E04, LO M N 0 N d d w a Packet Pg. 220 9.1.b Value LO (D M N d • Rezone would allow more intense mixed -use development and would increase the value of the land and would ultimately allow for additional housing units and/or commercial space •L a 0 • Any future project at the site would have to comply with all codes in y place at the time of redevelopment such as building, fire and, engineering codes as well as zoning and critical area codes L U a N M O O N O N Z J a _ m E M U f6 tit cn.y0-1 Q Packet Pg. 221 9.1.b Recommendation • Based on the findings of facts, analysis, conclusions, and attachments to the staff report, the Planning Board should find that the proposed rezone of the parcel addressed as 9514 228th Street is consistent with the decision criteria in ECDC 20.40.010 and make a recommendation to the City Council to APPROVE the rezone from RS-8 to BC-EW F E04, LO T M N d 7 0 N d d w a Packet Pg. 222 9.1.c CITY OF EDMONDS PLANNING BOARD Minutes of Hybrid Meeting July 10, 2024 Chair Mitchell called the hybrid meeting of the Edmonds Planning Board to order at 7:00 p.m. at Edmonds City Hall and on Zoom. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES The Land Acknowledgement was read by Board Member Li. Board Members Present Jeremy Mitchell, Chair Lauren Golembiewski, Vice Chair Judi Gladstone (online) Lee Hankins Susanna Martini (online) Nick Maxwell Steven Li Board Members Absent None Staff Present Susan McLaughlin, Development Services Director Mike Clugston, Acting Planning Manager Amber Brokenshire, Associate Planner Navyusha Pentakota, Urban Design Planner READING/APPROVAL OF MINUTES June 12, 2024 Minutes It was noted that the minutes should reflect the fact that Board Member Li is now a full board member MOTION MADE BY BOARD MEMBER GOLEMBIEWSKI, SECONDED BY BOARD MEMBER HANKINS, TO APPROVE THE MINUTES OF JUNE 12, 2024 AS AMENDED. MOTION PASSED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED. AUDIENCE COMMENTS Roger Pence commented on the Comprehensive Plan Housing Element Draft Goals and Policies. He is disappointed that there is not much focused on the City of Edmonds; they read like generic housing policies that could be applied anywhere. He thinks the uniqueness of the City of Edmonds needs to be recognized. He also Planning Board Meeting Minutes July 10, 2024 Page 1 of 5 Packet Pg. 223 9.1.c thinks that civic involvement in the Comprehensive Plan process needs to be addressed. When is the public going to have an opportunity to listen to proposals, ask questions, and get answers in a public forum in real time? Online webinars where people listen and maybe are able to ask a question is not the same as a civic conversation. Vivian Olson encouraged the Planning Board to keep the vision statement, including access to nature (which includes views of water and mountains), in mind as they work through the Housing Element. ADMINISTRATIVE REPORTS None PUBLIC HEARINGS A. Private Rezone Request at 9514 228r' St SW (PLN2024-0032) Introductory remarks were made including a description of the project and a summary of hearing procedures. The hearing was opened. Board members were asked if they had engaged in communication with opponents or proponents regarding this rezone application outside of the public hearing processed. All board members stated they had not. Board members were asked if they had any conflicts of interest. All board members stated they did not. Board members were asked if they had any objections to any board member's participation in the hearing. They did not. All hearing participants testified that they would be giving the truth, the whole truth, and nothing but the truth. Staff Presentation: Associate Planner Brokenshire reviewed the rezone process, site context, public comments, rezone review criteria, and staff recommendation. Staff finds the rezone request from RS-8 to BC-EW is consistent with the decision criteria and recommends that the Planning Board make a recommendation of approval to City Council. Applicant Testimony: Brian Shibayama of Fairway Apartments LLC had no comments. Public Testimony: C r stated that he and his girlfriend live across the street (228t'). They would like consideration be given to protecting residences to the north and other residences from impacts as much as possible. He expressed concern about traffic, noise, trash, and parking. Rachel Ross (online), Edmonds resident who lives in a cul-de-sac just west of this site, stated opposition to rezoning to commercial and expressed concerns about pedestrian and auto safety. 228t' Street is a very quiet, residential street with no sidewalks. There are a lot of children in the area who walk along the street which has no sidewalks. 96a' and 220 Street down to 100`' are other areas that could have pedestrian impacts. They have no sidewalks and are routes frequently used by pedestrians, especially children. She also expressed concerns about pedestrian and auto safety on Highway 104 and 95t' Place due to impacts of the commercial development. Planning Board Questions: Planning Board Meeting Minutes July 10, 2024 Page 2 of 5 Packet Pg. 224 9.1.c Questions were asked about the zoning of the neighboring properties, access requirements in the code, setback requirements when there are two street setbacks, general setback and buffer requirements, and when ADA accessibility requirements would be addressed (upon frontage improvements). There was a question about how the Determination of Non -Significance for the SEPA process relates to future development. Staff explained that this is only for non -project action. Once there is a development action, it would have to be addressed again in a project -specific SEPA document. There was a question about why the application was not provided to the Olympic View Water and Sewer District. Staff explained that the SEPA determination would have been, but the application for rezone was not (and is not usually sent out to them). Staff confirmed that if a development proposal happens, there would be a separate SEPA process which would identify impacts and mitigation. Sidewalk improvements would be considered as part of the development process. Board members asked about traffic impacts and requirements of a hypothetical development that might occur there; staff explained that would be addressed during the regular development process with traffic studies and typical development -related improvements. Anything that goes in would have to meet all the relevant development regulations. Clarification questions were asked about requirements related to the BC-EW zone including ground floor commercial, height limits, and maximum floor area. Mr. Shibayama, the applicant, was asked if he was planning on acquiring the two parcels to the east if this was rezoned. Mr. Shibayama replied that it was unlikely. CM was asked if he still had the same concerns after hearing all the discussion tonight. He replied that he did because he hadn't heard anything that would prevent egress onto 228t'. He still had concerns about traffic, parking, and other impacts on his road. It would nice if access was limited to Edmonds Way. It was noted that those discussions about hypotheticals would need to happen when there is an actual application for development. There was a question about why this is better suited to BC-EW rather than RM 1.5. Staff explained that it was left to the individual property owners to apply for the BC-EW rezone process when the Comprehensive Plan was changed. This is the last RS-zoned property to do that. There was some discussion about potential density and parking requirement differences between BC-EW and RM 1.5. The residential component is very similar between the two; the commercial uses do not seem to be traffic -heavy businesses. Rachel Ross asked about the applicant's intentions with the three lots he owns. She again expressed concern about having commercial in that area on the curve of Highway 104. She also noted that there are a lot of trees that act as a buffer there. She expressed concern about potential removal of trees and again noted her concerns about pedestrian safety. She strongly opposes commercial uses here but is less opposed to residential uses. It was noted that there is a requirement for a commercial use on the ground floor with BC-EW, but they do not know the applicant's intentions. There was a question about differences in traffic volumes in general between commercial/mixed use and multi- family. It was noted that it depends more on the specific type of business you are looking at. Staff remarked that engineering would do a sight distance study for entry and exit of the site when there is a proposal. Safety will be a primary consideration with any proposal; ideally, all of the safety concerns would be mitigated and you Planning Board Meeting Minutes July 10, 2024 Page 3 of 5 Packet Pg. 225 9.1.c would actually have a safer frontage than exists today. There was some discussion about the City's working relationship with WSDOT. Dawn Malkowski asked if there were regulations in place that would address the concerns about sidewalks if there were a back entrance off of 228d. Staff replied that there are. Erin, resident across the street, thought that the code only required sidewalks for adjacent properties and not those across the street. She expressed concern about the impacts of this commercial zoning on residential. Staff agreed that sidewalks would not be required across the street. She feels like the code doesn't really look at the impacts. Director McLaughlin spoke to developer responsibilities versus city deficiencies. She commented on things the City is looking at to address situations like expanding sidewalks. There was debate about how the Board could decide on zoning when they don't know what is being planned on the site. Rachel Ross reiterated her concerns with commercial uses on this site. The public testimony portion of the hearing was closed at 8:17 p.m. Deliberation: The group debated how the application for rezone aligns or does not align with the six criteria. Concerns were raised about traffic and access, pedestrian safety, whether BC-EW or RM 1.5 is more appropriate, buffers, and ADA accessibility. It was stressed that any development that goes in here would have to go through the SEPA process and do traffic studies. There was a comment about the importance of the Comprehensive Plan to give appropriate guidance in providing protection for transition areas. MOTION MADE BY BOARD MEMBER HANKINS, SECONDED BY VICE CHAIR GOLEMBIEWSKI, THAT THE PLANNING BOARD ADOPT THE STAFF REPORT IN FULL, BASED ON THE FINDINGS OF FACT, ANALYSIS, AND ATTACHMENT IN THE STAFF REPORT, AND BASED ON THE TESTIMONY HEARD TONIGHT, THE PLANNING BOARD FINDS THE PROPOSED REZONE IS CONSISTENT WITH THE REVIEW CRITERIA OF ECDC 20.40.0109 AND RECOMMENDS THAT THE CITY COUNCIL APPROVE THE REZONE OF 9514 228TH STREET FROM RS-8 TO BC-EW. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS A. Housing Element — Draft Goals & Policies The group continued the discussion on draft goals and policies of the Housing Element. Board members raised questions about how this relates to the DEIS and how the goals and policies turn into action. There was some debate about how to best encourage and reflect the unique character of Edmonds and the neighborhood/hubs. Staff responded to a question about the focus on high density housing around high -capacity transit locations including SWIFT BRT and not all the hubs and centers. Staff explained that transit -oriented housing relates to the high -capacity transit and the frequency of the BRT because it is automatically providing the regional employment commuter option. A concern was raised about inequities around where these are being proposed. There was a recommendation to remove the "on Highway 99" in relation to the SWIFT BRT.1 1 Board Member Martini left the meeting at 9:15 p.m. Planning Board Meeting Minutes July 10, 2024 Page 4 of 5 Packet Pg. 226 9.1.c There was discussion about forming two subcommittees to review the Land Use and Housing Elements Draft Goals and Policies and holding a special early meeting at 6:00 p.m. to review the findings before the next meeting. There was discussion about the Comprehensive Plan timeline and how to fit it all in. Board Member Gladstone, Hankins, and Li will review the Housing Element Draft Goals and Policies. Chair Mitchell, Vice Chair Golembiewski, and Board Member Maxwell? will review the Land Use Element Draft Goals and Policies. Both subcommittees will have their comments ready to be included in the packet by July 19. NEW BUSINESS None SUBCOMMITTEE REPORT None PLANNING BOARD EXTENDED AGENDA July 24 — There will be discussion and recommendations made on the Draft DEIS Impacts and Preliminary Mitigations and the Environment and Community Design Element. The CAO Update and Land Use Permit Timelines will be in the packet with no briefing or presentation. Green Building Incentives will be coming back as a draft that incorporates the Board's feedback. There was consensus to start early at 6:00 p.m. for some meetings as needed. July 24 will be a special meeting at 6:00 p.m. with a regular meeting starting at 7:00 p.m. August 14 — Vacation. PLANNING BOARD MEMBER COMMENTS None PLANNING BOARD CHAIR COMMENTS Chair Mitchell commented that there needs to be some clarification about the Comprehensive Plan process for the public. Staff explained there would be two Planning Board meetings where the Board would see the entire Comprehensive Plan; they would be asked to make a recommendation at the second meeting. ADJOURNMENT: The meeting was adjourned at 9:29 p.m. Planning Board Meeting Minutes July 10, 2024 Page 5 of 5 Packet Pg. 227 9.2 City Council Agenda Item Meeting Date: 08/6/2024 Financial Policies Staff Lead: Mike Bailey Department: Administrative Services Preparer: Scott Passey Background/History The Financial Policies were reviewed during the May and July Finance Committee meetings, resulting in minor agreed -upon edits. The revised draft is now ready for full Council discussion. To ensure all Council members have adequate time to review the draft, it was included in the July 23rd Council Meeting Packet under the "Received for Filing" section. Meanwhile, Council President Olson requested a legal review of the draft policy. The legal edits have been incorporated as track changes for transparency. Staff Recommendation Staff recommends approval of the Financial Policies. Narrative Attachments: Draft Financial Policies for City of Edmonds Council Consideration - from July 16 w legal edits Packet Pg. 228 9.2.a DRAFT City of Edmonds Washington - Financial Policy Framework Contents FinancialReporting Policy............................................................................................................2 AnnualFinancial 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 LongTerm Interfund Loans.......................................................................................................6 Short -Term Debt Policies..........................................................................................................7 BudgetPolicy............................................................................................................................... 7 Purpose...................................................................................................................................7 References.............................................................................................................................. 7 OperatingBudget Policy......................................................................................................... 87 LongRange Financial Strategy..................................................................................................9 RevenuePolicy.........................................................................................................................9 ExpenditurePolicy..................................................................................................................10 Glossary....................................................................................................................................10 Packet Pg. 229 9.2.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 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. B. Investment balances along with year-to-date interest earnings. Page 2 Packet Pg. 230 9.2.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 calendarfor 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 orfor 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. 231 9.2.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 forthe 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 fundingfor emergencies, 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 Packet Pg. 232 9.2.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 its expenditures (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 highlyvolatile). O erg rating; Fund Size -The overall size of the fund's budgetary events should be taken into consideration in settingthe required fund balance reserve level and type for a particular fund. Reserves as a Risk Managgment Tool - Reserve levels can vary if there are 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 otherfunds)? 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) Anaturalcatastrophe;- 2) An immediate threat to health and public safety; of 3) A significant decline in General Fund revenues;.-ergr 4) Unexpected expenditures that outpaced General Fund revenue. Council shall be notified of any fiscal emergency declared bythe 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 counciL1 Commented Utt1: insert:"Compliance with thispolic Incidental use of available fund balances (Governmental Funds) or reserves (Enterprise is evaluated in conjunction with ordinances that adopt Funds) for incidental cash -flow shall not constitute a "utilization of Fund Balances or amend the budget:' Page 5 Packet Pg. 233 9.2.a City of Edmonds - Financial Policy Framework Reserves" under this. Incidental u shall not exce .$5 rtlllll0ll 01 t?.e fgt_Cn�[�ttl2ln G0 daya without prior council3(R2roVal. 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 howthe 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 presentthe amountthat any Fund Balance or Reserve accounts are below the 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 -H 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. Alt 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 cm5-id_ r ti _—f =Ltest.to,C.ouncit.to authorize an interfund oan.the request shalt inctuda an estimate as to. the.anticipated_length.of the loan. Page 6 aD .2 0 a C ca c U- Formatted: Font color: Custom COlor(RGB(42,42,42); Formatted: Font: 12 pt. Font color. Custom Color(RGB (42,42,42)) Formatted: Font: 12 pt Formatted: Normal, Indent: Left: 0.36", No bullets c numbering Packet Pg. 234 9.2.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 shalUnclud_e-an assessment as to the ability of the lending fund to RrQVAe s-uch resources.without an impact -on its operations and -should be reviewed by the City's mMunicipal 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 tfffee2 a 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 borrowingfor 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 inf rastructure. 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: • Ftttare Current and f_S turdgenerations within the Edmonds community, • Those in our communitywho 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 at[ City funds. References • GFOA Best Practices Adopting Financial Policies • SAO Top 12 most important financial policies • MRSC Financial Policies Overview Page 7 a� .2 0 a C «s C U_ Packet Pg. 235 9.2.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 cty'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. Via. _ _- _ The city's operating budgei wilt not use one-time r6sources for on —going Operrtions without a clear source for future support of the operation. a,p.."One-time" expenses require specific authority to be carried forward into subsequent budgets (i.e. no automatic "roll-over" of appropriations). 4:3. 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 maybe presented. 5:4. The biennial operating budget should include any maintenance and operating costs associated with completed capital projects. 6:5. The city will maintain att its assets at a level that protects the City's capital investment and minimizes future maintenance and replacement costs. The city's asset profite Snall be consistent with the Capital Facilities Plan elements?ttheC-Qmptellensive Pin. 16. 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. 8-.7. 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 city will avoid budgetary and accounting procedures which balance the current budget at the expense of future budgets. 49 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. 1-1:i o. The City further defines a structurally balanced budget as recurring budgeted revenues (excluding fund balances) being equal to or greater than recurring budgeted expenditures. 1-2111. All supplemental appropriation requests for programs followingthe adoption of the original budget wilt be considered based on need and the availability of a newfunding Page 8 Formatted Packet Pg. 236 9.2.a City of Edmonds - Financial Policy Framework source (e.g., unanticipated grant). All supplemental appropriations will conform to the same rigors as the budget process for the biennium. Budget Calendar 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 Cityfiscal 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 taw, 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-pu_rpose conservative shall mean that actual revenues are more like, to U-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. Page 9 aD .2 0 a C ca C U_ Packet Pg. 237 9.2.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 Citywill refrain from making budgetary decisions (specifically allocating resources to be expended) outside of the biennial budget process or the formal budget amendment process. lrn Budget amendments will prrov _e_a deuiiption Di the overall_Impact of_the_propQsed amendment on the fund's ability to remain structurally 4adlanoAlin 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 accordingto 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 sixyears. 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 Formatted Packet Pg. 238 9.2.a City of Edmonds - Financial Policy Framework Balanced Budget - Fund balance plus budgeted revenues is equal to or greater than budgeted expenditures. Budget -Aplan 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. Capita lExpenditures are expenditures incurred when monies are spent eitherto buyfixed assets or to 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 is that 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 governmentalunit 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 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 Page 11 a� .2 0 a C ca c LL Packet Pg. 239 9.2.a City of Edmonds — Financial Policy Framework stipulated by the Washington State Auditor's Office. GASB 54 identifies fund balance 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. 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. 2. Restricted Fund Batance - 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. 3. Committed Funo Balance - Amounts can only be used for the specific purposes determined by a )normal action of City Council. Constraints on fund balance use are imposed byinternal, 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. 4. Assigned Fund Balance - Assigned fund balances include amounts that are limited by the Council, Mayor, or his/her designee, far 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 allgovernmentalfundsother than the General Fund, with any remaining positive amounts not classified as nonspendable, restricted or committed. 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. General Fund - In public sector accounting, the General Fund is the primary operating fund for all revenues of the City that are not otherwise restricted as to their use, including Page 12 Packet Pg. 240 9.2.a City of Edmonds — Financial Policy Framework monies from local property and sales tax, and other revenue sources that are not assigned fora specific purpose. The General Fund provides the resources necessaryto 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 duringa given period (usually oneyear). Revenue -The income of a government from all sources appropriated for the payment of the public expenses. It includes such items as taxpayments, 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 a� .2 0 a C ca C LL Packet Pg. 241 9.3 City Council Agenda Item Meeting Date: 08/6/2024 Green Building Incentives Draft Code Amendment Introduction Staff Lead: Leif Bjorback Department: Planning & Development Preparer: Tristan Sewell Background/History Edmonds' 2023 Climate Action Plan includes the development of an incentive program to encourage sustainable development as a necessary action to achieve the City's goal of climate neutrality by 2050. Planning & Development aims to implement this program in 2024. Staff initially introduced this topic to the Planning Board on January 10th, 2024. Additional discussions occurred on February 281h and then April 241h, 2024. The Planning Board held a public hearing on the proposed green building incentives program on June 121h, 2024. The topic returned before the Planning Board on July 24th, 2024, for action. The Planning Board then voted to recommend Planning & Development's Green Building Incentives to the City Council. Staff Recommendation Staff recommends that the Council review and discuss Planning & Development's proposed Green Building Incentives prior to holding a public hearing on the drafted code amendments. Planning Board Recommendation The Planning Board recommends the attached draft code amendments to Council after a vote in favor at their July 24, 2024, meeting. A memo addressing this recommendation is forthcoming. Narrative The United Nations Intergovernmental Panel on Climate Change issued its Sixth Assessment Report in March 2023. The Synthesis Report Summary for Policymakers <https://www.ipcc.ch/report/ar6/syr/downloads/report/IPCC AR6 SYR SPM.pdf> states "[h]uman activities, principally through emissions of greenhouse gases, have unequivocally caused global warming" and that "[t]here is a rapidly closing window of opportunity to secure a livable and sustainable future for all." That same month, the City Council adopted the 2023 Climate Action Plan to secure this future for Edmonds. Edmonds aims to do its part to restrict the global average temperature increase to no more than +1.5°C by achieving climate neutrality by 2050. Most of Edmonds' local climate pollution stems from our built environment. Over a third of our local climate pollution comes from residences. To achieve the Climate Action Plan's goal of climate neutrality by 2050, immediate, rapid, and deep greenhouse gas emissions reductions are necessary within this decade. Market conditions perpetuate construction and renovation of inefficient buildings in Edmonds. The lifecycle climate impact of Edmonds' development could be mitigated by incentivizing better Packet Pg. 242 9.3 construction. Among the strategies identified in the plan is BE-2: "[i]mprove energy efficiency of existing buildings and infrastructure". In pursuit of this strategy, the plan establishes Action BE-2.2: "[c]reate and implement a green building incentive program". Planning & Development staff sought public input and practitioner knowledge in developing these draft amendments. The City engaged with the Master Builders Association of King and Snohomish Counties, local developers, and the Mayor's Climate Protection Committee to identify what Edmonds needs to see more sustainable development. Staff held a Green Building Incentive Forum to educate the broader public on this opportunity and to receive feedback. Staff also attended a green building conference and learned from other local governments' green building programs. Discussion: Staff researched best practices, outcomes, and plans for revisions of the leading green building programs both locally and nationwide prior to developing the proposed incentives. The current Edmonds' Development code includes some green building land use incentives, such as increased building height, in limited instances. The attached proposal works to integrate these lessons into existing code in a manner that would be easily understood by applicants and staff alike. The proposal relies on industry standards and existing precedent in Edmonds' code to offer attractive incentives capable of motivating the desired environmental outcomes. It is important to diversify the incentives offered as every project is different - in terms of site constraints, financing options, and/or timelines. We asked for feedback on "what could Edmonds' offer to convince an applicant to shift from conventional construction to green building practices?" The draft program represents desirable incentives from our stakeholder discussions and peer feedback from other cities. Financial Impact: Staff has developed this incentive program in house without the use of outside resources (professional services contracts). Whilst staff time was utilized in code development, the program itself is not anticipated to result in additional staff time and/or workload with the exception of potential enforcement. The enforcement efforts would be offset with significant revenue (enforcement fines) for projects that fail to certify. Stakeholders: The adherence to the adopted Climate Action Plan and particularly, the reduction of climate impacts from buildings concern all members of our community. The incentives offered primarily concern landowners and developers as prospective applicants, and development review staff, being responsible for implementing permitting expediting and administering the offered land use incentives. The program represents the result of stakeholder engagement discussions, including interdepartmental staff discussions on the impacts of expedited permitting on Engineering, Fire, Planning and Building. Attachments: Green Building Incentives - Council 8.6.24 DRAFT Draft Incentives Table 7.31.24 Green Building Incentives Draft Code Amendments Packet Pg. 243 9.3.a Green Building Incentives Program Leif Bjorback, Building Official Tristan Sewell, Planner Planning & Development Dept. City of Edmonds Planning Board Meeting July 24, 2024 0 Packet Pg. 244 9.3.a PbI icy Context 2020 Comprehensive Plan Climate Change Element • B.1: Citytakes lead reducing Edmonds' GHG emissions • E.2: Programs and incentives for (re)development to reduce GHG emissions 7/24/2024 2023 Climate Action Plan • Climate neutrality by 2050 • Action BE 2.2: Develop and implement a green building incentives program 0 Packet Pg. 245 9.3.a Program Objectives VALUABLE • Desirable to homeowners and developers, motivating the environmental outcomes • Greater incentives in exchange for`greener' certification 7/24/2024 SIMPLE • Expand upon code precedent, specifically Titles 16 & 22 • Use industry standards to avoid creating unique criteria • Minimize impacts on City staff 0 Packet Pg. 246 9.3.a Existing Incentives Extra height for LEED Gold in: • Multifamily Residential and Community Business — Edmonds Way districts • Westgate Mixed Use • Frdale village Mixed Use District 2 (Multifamily Residential) 7/24/2024 JO' 9ErgADc aF DDiRKT J Ai ETiEET TO AiJv�DE ADOrtCN4L 9WLIbR TO DIBIfeCT 1 �dltLllE Oi E%IBR1O Mg19E ON ODJIGEM FA F£RIY �o1`s0•�Op ►�i�i�000i i 1d...♦ 0 Packet Pg. 247 9.3.a Market I of I uence Edmonds -25 Built Green projects TSO w f ! Y{ L-A. Shoreline -100s of Built Green Projects k 1 I / Packet Pg. 248 9.3.a Slide 5 d TSO How many of these are within our zones with existing incentives? Also look at LEED. Sewell, Tristan, 2024-07-30T18:40:41.543 t� C 8� C 'a 3 m C d d ,L^ V Packet Pg. 249 9.3.a Possible Incentives • Additional building height —can be necessary for efficiency • Reduced property line setbacks —onsite location flexibility • Increased lot coverage —more developable lot area • Density —number of units, floor area ratio • Reduced off-street parking —specific needs vs. one -size -fits -most • Expedited plan review —time is money 6/ 12/2024 Packet Pg. 250 9.3.a Important Notes • Incentives never supersede any other relevant building, design, land use, fire, environmental, utilities, or engineering regulations. Other regulations that may limit a site's abilityto utilize available incentives include: • Critical Areas • Stormwater • Design review, including landscaping • Street frontage improvements and right-of-way access • Shoreline Master Program 7/24/2024 0 Packet Pg. 251 9.3.a Program Development Researched incentives programs in the region and nationally • American Institute of Architects • American Planning Association Learned from peers and neighbors • Cities of Bellevue, Everett, Kirkland, Seattle, Shoreline, and Tacoma 7/24/2024 • Master Builders of ding and Snohomish Counties (MBAKS) • Mayor's Climate Protection Committee • Public forum seeking input from both industry reps and public 0 Packet Pg. 252 9.3.a N d w C d C.1 C C Construction Standards m Established Certifications L 0 • Single -Family Residential: Built Green 4-Star • Commercial, Multifamily, and Mixed Use: LEED Gold 6/ 12/2024 • Flexible, point -based systems —not prescriptive • Periodically updated in response to the market and regulation ' •Widely used and recognized in our region •Third -party verified Packet Pg. 253 9.3.a Points Categories Built Green • Site and Water • Energy Efficiency • Health and Indoor Air Quality • Materials Efficiency • Equity and Social Justice • Operation, Maintenance, and Homeowner Education • Built Green Brand Promotion 7/24/2024 LEED • Integrative Process • Location and Transportation • Sustainable Sites • Water Efficiency • Energy and Atmosphere • Materials and Resources • Indoor Environmental Quality • Innovation • Regional Priority 0 Packet Pg. 254 9.3.a Draft Permit Review Incentives DRAFT- EDMON DS TARGET T I MES FOR PERMIT PROCESSING (WEEKS) Actual Revi ew t i m es m ay vary Permit Type Review Type New Single Regular Family Expedited Single Family Regular Addition or Remodel Expedited Commercial/ MF Regular New Expedited Commercial/MF Regular Additions Expedited Commercial Regular Remodel (Tenant Improvement) Expedited 1 st Review 6 3 3 to 5 2nd Review 3 2 2to3 3rd Review 2 1 1 to 2 Total Target Review Time 11 6 6 to 10 2to3 1 to 1 4to6 8 5 3 16 4 3 2 9 4 3 2 9 2 2 1 5 4 2 1 7 2 1 1 Expedited review for single family not available in RM or B zones Review times may vary depending on staff work volumes and complexity of project. 59 Review Time Savings 5 weeks 2-4 weeks 7 weeks 4 weeks 3 weeks Packet Pg. 255 9.3.a Draft Land Use Incentives Built Green 4-Star Built Green 5-Star or better projects may use setbacks one zone smaller (i.e., RS-10 to RS-8) +5' where all portions above 25' are sloped at least 4-in-12 1 perdwellingunit Multifamily Residential (RM) Zones Choose one of the following: • +5' in addition to the existing pitched roof bonus of Ch. 16.30 • Maximum unit density increased one tier (i.e., RM-3 to RM-2.4) Business (B) Zones LEED Gold N/A +5' plus the 5' pitched roof bonus for all portions sloped at least: 3-in-12 4-in-12 6-in-12 N/A 1 perdwellingunit 1 per 500 sq. ft. leasable commercial floor area BC BN, BP BD5 BD1 -4 Commercial (C) Zones +5, (CW only) N/A Packet Pg. 256 9.3.a Enforcement —Case Studies Examples from other jurisdictions: • Certification required within 6-30 months of issuance of Certificate of Occupancy • Financial penalty models: • Flat rate • Percentage of work valuation • Per square foot • Remit anywaived or reduced fees in full. • Liens may be issued for the penalty or abatement needed to comply. 7/24/2024 Packet Pg. 257 9.3.a Proposed Enforcement Measures • Proof of certification required prior to issuance of Certificate of Occupancy, otherwise two 2-year performance bond required: • Requires registration of the project with the certifying organization • Expedited permit review bond valued at 50%of building permit fee • Land use incentive bond valued at 5% of the project valuation • Bonds released upon approval of certification • Failure to certifywithin 2 years surrenders the bonds as a penalty. • Expedited permit review bond processed as permit fee revenue • Land use incentive bond funds the Green Building Incentives Program 7/24/2024 0 Packet Pg. 258 9.3.a Thankyou Questions? Returning for discussion on September 10t" 8/ 1 / 2024 Packet Pg. 259 9.3.a Built Green Resources • Built Green Remodel Checklist, Handbook • Built Green Single -Family and Townhomes Checklist, Handbook 6/ 12/ 2024 V Packet Pg. 260 9.3.a Hard Questions • How might these incentives impact housing affordability? May it contribute to displacement? • Who would benefit most from these incentives? Who might face unintended negative outcomes? Who is left out? • Do the land use incentives reflect the community's best interest? Are they meaningful to development professionals and homeowners? • Can staff successfully implement accelerated review? 7/24/2024 Packet Pg. 261 9.3.a d m _ a Single-Family Residential —Built Green 4-&ar 3 m Includes remodels, duplexes, and ADUs Excludes new SFRs in Business, Commercial, and Mixed -Use zones —remodels, ADUs OK c; Built Green 4-Star or better Parking One per dwelling unit 1 1 7/24/2024 Height 4-i n-12 Pitched Roof Incentive Std. Height Max. Built Green 5-Star or better Setbacks As one zone smaller (not applicable in RS- 6, RSW-12, and RS- M P) Images to scale setback 114.3' Street 70' 8,000 scl ft. i lot area 7 2,800 sq. ft. ++I Max. lot 7.5 I coverage Single -Family Residential (RS-8) 1:240 18 Packet Pg. 262 9.3.a Multifamily Gold - Pick One Platinum - Both Pitched Roc` Bonus I[luentiv Max. Std. Hei, Max. 7/24/2024 Residential - LEED Height Images to scal e Density As one subdistrict smaller: • RM-3 to RM-2.4, etc. • RM-1.5 and RM-Ew ineligible. Fractions round down Always Applicable: One parki ng space per dwel I i ng unit or 500 sq. ft. leasable floor area for conditionally permitted uses. Fractions • 0.5 roundup Packet Pg. 263 9.3.a Business Zones — LEED Gold Parking: One per 500 sq. ft. leasable floor area or 1 per dwelling unit, except in BD —no requirement for commercial uses. BD1- BN/ B BC BD5 4 Pitched Roof 04-in-12 3-in-12 6-in-12 Bonus 5' Incentivized Max. Std. Height Max. 25 Images to scale /724/2024 Packet Pg. 264 9.3.a • Minimum RS-8 Lot Depicted • 70' width, 8,000 sq. ft. • Most common Single -Family zoning • Footprint is 53' x53' s'setback 1 14.3' 7/24/2024 Street 70' V 117 CD 8,000 sq. ft. v lot area Ln II II II 2,800 sq. ft. II II II Max. lot 7.5' I II II coverage II II II II II II u N in Single -Family Residential (RS-8) 1:240 Packet Pg. 265 9.3.a How does Ord. 4360 interact with incentives? Setbacks • Minimum -dimensions standard RS-8 lot • Maximized lot 35% coverage • Two DADUs • One single -story with the 5' setback incentive • One two-story with the standard 10' ADU setback Height • Al could benefit from +5' 4-in-12 incentive. Should ADUs be ineligible, or have other conditions or limitations on this bonus? Parking • No change —3 spaces, one per dwelling 7/24/2024 /.5'setback 114.3' S'setback Street 70' N Yyy 1. IO r — -- IIQ�Q Primary Dwelling 1,450 sq. ft. Footprint II I II 2"0 sq. ft. = 35% 8,000 sq. ft. I I max. lot coverage lot area I I 0 0 II I I 9W ytL str,gle•sco«yawu �oo•►ti HOKfL_ L root�tnt _ J Y N N 5'setback �+ b Single -Family Residential (RS-8) 22 1:240 cD Packet Pg. 266 9.3.b Edmonds Green Building Land Use Incentives Development Multifamily Residential, Commercial, and Mixed Use Multifamily Residential Commercial Single -Family Residential' Type (RM) Zones Business (B) Zones (C) Zones Minimum Built Green 4-Star LEED Gold' Certification Built Green 5-Star or better projects Setbacks may use setbacks one zone smaller N/A (i.e., RS-10 to RS-8)' +5' plus the 5' pitched roof bonus for all portions sloped at least: 3-in-12 BC Choose one of the following: +5' where all portions above 25' are • +5' in addition to the existing +5' Height sloped at least 4-in-12 pitched roof bonus of Ch. 16.30 4-in-12 BN' , BP 6 (CW only) . Maximum unit density increased one tier (i.e., RM-3 to RM-2.4)5 6-in-12 BD5 N/A BD 1 - 4 Parking' 1 per dwelling unit 1 per dwelling unit N/A 1 per 500 sq. ft. leasable commercial floor area 'Subject to revision for compliance with HB 1110. New SFR only eligible in RS zones. ADUs, remodels, and conversions to MFR are eligible in all permissible zones 'Appropriate LEED rating system depends on project 3 RS-6, RS-MP, and RSW-12 are ineligible for this incentive. Setback incentive only applies to the dwelling; future development requires independent application. 4 LEED Platinum may use both 5 RM-1.5 and RM-EW are ineligible for this incentive. 6 Requires view analysis during review, per RCW 90.58.320 Previously lacked the 5' pitched roof bonus s EV parking required by Ch. 17.115 remains calculated off standard parking requirement. Last revised July 31, 2024 Packet Pg. 267 9.3.c Chapter 16.20 ECDC, RS - Single -Family Residential Page 1 of 2 Chapter 16.20 RS - SINGLE-FAMILY RESIDENTIAL Sections: 16.20.000 Purposes. 16.20.010 Uses. 16.20.020 Subdistricts. 16.20.030 Table of site development standards. 16.20.040 Site development exceptions. 16.20.045 Site development standards - Single-family master plan. 16.20.050 Site development standards - Accessory buildings. 16.20.060 Green building incentives. 16.20.060 Green building incentives. A. General. New principal residences, additions/remodels to existing dwellings, and accessory dwelling units can earn relaxed site development standards by receiving Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification or better. See Chapter 17.100 for incentives for community facilities. B. Development Type. Only housing proposals receive the below land use incentives. Other uses permitted in this zone, whether primary or secondary uses, outright or conditionally permitted, or legal nonconforming, are ineligible for the following incentives. C. Height. Residences certified Built Green 4-Star or better may extend five feet above the stated height limit of ECDC 16.20.030 if all portions of the roof above the stated height limit have a slope of four inches in twelve inches or greater. D. Setbacks. Residences certified Built Green 5-Star or better may use the setbacks of one RS zone district smaller (i.e. RS-12 site may use RS-10 setbacks - see ECDC 16.20.030). Residences certified Built Green 4-Star or better. Properties zoned RS-6, RSW-12, or RS-MP are ineligible for this incentive. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023 Packet Pg. 268 9.3.c Chapter 16.20 ECDC, RS - Single -Family Residential Page 2 of 2 E. Parking. New residential development certified Built Green 4-Star or better requires only one parking space per dwelling unit rather than the standard requirement of ECDC 17.50.020(A)(1)(a). Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. F. Enforcement. Development granted these incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. G. Permit Review. Green buildings are eligible to receive expedited plan review, as established by :1091 III 0181 11L791A The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development 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 Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 269 9.3.c Chapter 16.30 ECDC, RM - Multiple Residential Pagel of 2 Chapter 16.30 RM - MULTIPLE RESIDENTIAL Sections: 16.30.000 Purposes. 16.30.010 Uses. 16.30.020 Subdistricts. 16.30.030 Site development standards. 16.30.040 Site development exceptions. 16.30.050 Green building incentives. 16.30.050 Green building incentives. A. General. New multifamily residential buildings, as well as additions/remodels to existing buildings, can earn relaxed site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold certification or better The appropriate LEED rating system depends on the project. See Chapter 17.100 for incentives for community facilities. B. Eligibility. Development of new single-family residences cannot receive these. Remodeled existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). C. Incentive Options. Multifamily residential development certified LEED Gold or better may choose to use one of the following incentives. Multifamily residential development certified LEED Platinum or better may use both of the following incentives. 1. Height. Structures are allowed an additional five feet above the stated height limit of ECDC 16.30.030(A). This is in addition to pitched roof height bonus of ECDC 16.30.030(A)(1). The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 270 9.3.c Chapter 16.30 ECDC, RM - Multiple Residential Page 2 of 2 2. Density. The dwelling unit density may increase one zoning district as listed in ECDC 16.30.030(A) (i.e., a property zoned RM-2.4 may apply the lot area per unit requirement of the RM-1.5 zone - see). Properties zoned RM-1.5 or RM-EW cannot receive additional density. D. Parking. Multifamily residential development certified LEED Gold or better must provide at least one off-street parking space per dwelling unit rather than the requirements of ECDC 17.50.020(A)(1)(b). Nonresidential uses must provide at least one parking space per 500 square feet of commercial floor area rather than the parking required by ECDC 17.50.020(B). Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted green building incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by :10010l00181 11L711A The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development 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 Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 271 9.3.c Chapter 16.43 ECDC, BD - Downtown Business Page 1 of 2 Chapter 16.43 BD - DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Subdistricts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.035 Design standards - BD zones. 16.43.040 Operating restrictions. 16.43.050 Green building incentives. 16.43.050 Green building incentives. A. General. New buildings, as well as additions/remodels to those existing buildings, can earn relaxed site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold certification or better. The appropriate LEED rating system depends on the project. See Chapter 17.100 for incentives for community facilities. B. Eligibility. Development of new single-family residences cannot receive these green building incentives in the BD zone. Remodel projects for existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.030). C. Height. Development certified LEED Gold or better in the BD1 - 4 zones can receive an additional five feet above the stated height limit in ECDC 16.43.030(A). Properties zoned BD5 receive five additional feet plus the pitched roof bonus of ECDC 16.43.030(C)(2). D. Parking. LEED Gold or better projects on properties zoned BD3 must provide at least one parking space per 500 square feet of commercial floor area. Development in all other BD zones is ineligible for parking incentives. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 272 9.3.c Chapter 16.43 ECDC, BD - Downtown Business Page 2 of 2 E. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive the expedited plan review, as established by ECDC 19.00.050. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development 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 Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 273 9.3.c Chapter 16.45 ECDC, BN - Neighborhood Business Pagel of 2 Chapter 16.45 BN - NEIGHBORHOOD BUSINESS Sections: 16.45.000 Purposes. 16.45.010 Uses. 16.45.020 Site development standards. 16.45.030 Operating restrictions. 16.45.040 Green building incentives. 16.45.040 Site development exceptions - green building incentives. A. General. New buildings, as well as additions/remodels to existing buildings, can earn relaxed site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold certification or better. The appropriate LEED rating system depends on the project. See Chapter 17.100 for incentives for community facilities. B. Eligibility. Development of new single-family residences cannot receive these. Remodeled existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). C. Height. Development certified LEED Gold or better may recieve an additional five feet above the stated height limit of ECDC 16.45.020(A) where all portions of the roof above 25 feet are sloped four inches in twelve inches or greater. D. Parking. Development certified LEED Gold or better must provide at least one parking space per 500 square feet of commercial floor area and/or one parking space per dwelling unit. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then fail to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 274 9.3.c Chapter 16.45 ECDC, BN - Neighborhood Business Page 2 of 2 F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development 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 Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 275 9.3.c Chapter 16.50 ECDC, BC - Community Business Pagel of 2 Chapter 16.50 BC - COMMUNITY BUSINESS Sections: 16.50.000 BC and BC - Edmonds Way. 16.50.005 Purposes. 16.50.010 Uses. 16.50.020 Site development standards. 16.50.030 Operating restrictions. 16.50.040 Green building incentives. 16.50.040 Green building incentives. A. General. New buildings, as well as additions/remodels to those existing buildings, can earn relaxed site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design TM (LEED) Gold certification or better. The appropriate LEED rating system depends on the project. See Chapter 17.100 for incentives for community facilities. B. Eligibility. Development of new single-family residences cannot receive these green building incentives in the BC zone. Remodeled existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). C. Height. Development certified LEED Gold or better is allowed an additional five feet above the stated height limit of ECDC 16.50.020(A) in addition to the standard pitched roof height bonus of ECDC 16.50.020(A)(2). D. Parking. Development certified LEED Gold or better must provide at least one parking space per 500 square feet of commercial floor area and/or one parking space per dwelling unit instead of the parking required by Chapter 17.50. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 276 9.3.c Chapter 16.50 ECDC, BC - Community Business Page 2 of 2 E. Enforcement. Development granted these incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development 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 Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 277 9.3.c Chapter 16.53 ECDC, BP - Planned Business Pagel of 2 Chapter 16.53 BP - PLANNED BUSINESS Sections: 16.53.000 Purpose. 16.53.010 Uses. 16.53.020 Site development standards. 16.53.030 Green building incentives. 16.53.030 Site development exceptions - green building incentives. A. General. New buildings, as well as additions/remodels to those existing buildings, can earn relaxed site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design"' Gold certification or better. The appropriate LEED rating system depends on the project. See Chapter 17.100 for incentives for community facilities. B. Eligibility. Development of new single-family residences cannot receive these green building incentives in the BP zone. Remodeled existing single-family residences can earn the incentives for the IRS zone instead (see ECDC 16.20.060). C. Height. Development certified LEED Gold or better receive an additional five feet to the height maximum, in addition to the standard pitched roof height bonus of ECDC 16.53.020(A)(2). D. Parking. Development certified LEED Gold or better must provide at least one parking space per 500 square feet of commercial floor area and/or one parking space per dwelling unit instead of parking required by Chapter 17.50. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of ECDC WAX. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 278 9.3.c Chapter 16.53 ECDC, BP - Planned Business Page 2 of 2 F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development 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 Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 279 9.3.c Green Building Incentives — Expedited Plan Review Chapter 19.00 BUILDING CODE Sections: 19.00.000 Purpose. 19.00.005 Referenced codes. 19.00.010 Conflict between codes. 19.00.015 Administrative provisions. 19.00.020 International Building Code adopted. 19.00.025 International Building Code section amendments. • 19.00.030 Architectural design review - Optional vesting. • 19.00.040 Excluding nonconforming religious building from certain requirements. • 19.00.045 Reconstruction of damaged buildings. • 19.00.050 Green Building Incentives. The following is a stand-alone code section proposed to be included at the end of ECDC Chapter 19.00 Building Code. 19.00.050 Green Building Incentives. Projects qualifying for Green Building Incentives as allowed in Chapter 16 ECDC shall be eligible for expedited plan review as administered by the Planning and Development Department. Packet Pg. 280 9.4 City Council Agenda Item Meeting Date: 08/6/2024 ERP Contract Staff Lead: Brian Tuley Department: Information Services Preparer: Brian Tuley Background/History The City received notification the existing accounting system will be deprecated in 2027. The City has reviewed available options and recommends upgrading to the existing vendors' latest product. The contract has been through legal and through the finance committee. Staff Recommendation Staff hopes, upon satisfactory question and answer discussion, council approves the action of Mayoral execution of the contract. Narrative The agenda packet contains 2 documents. The first document is the vendor statement of work with a price quote to upgrade our legacy accounting system from Tyler Technologies Eden to Tyler's ERP. Second is a spreadsheet breaks out costs per year over the next 4 years. Note that the costs in the quote are pre tax. The costs listed in the spreadsheet are tax inclusive. Implementation is divided into 3 stages. Stage one is the financial conversion, stage two is the HR/payroll conversion, stage three is the utility billing conversion. The project can tentatively begin January of 2025. Total project time to completion is 26 to 30 months. There will be no additional costs in the 2024 budget for this project. Attachments: Edmonds, WA SaaS Migration 062624 Eden —Cost —Model Packet Pg. 281 9.4.a • ••::•. t y Ier . • technologies SOFTWARE AS A SERVICE AGREEMENT This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler's proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A — DEFINITIONS • "Agreement" means this Software as a Services Agreement. • "Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • "Client" means City of Edmonds, Washington. • "Data" means your data necessary to utilize the Tyler Software. • "Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the Investment Summary. • "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then -current Documentation. For the avoidance of doubt, security vulnerabilities in the Tyler Software are considered to be a Defect. • "Defined Users" means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary. • "Developer" means a third party who owns the intellectual property rights to Third Party Software. • "Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • "Effective Date" means the date by which both your and our authorized representatives have signed the Agreement. • "Force Majeure" means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • "Investment Summary" means the agreed upon cost proposal for the products and services ••., tyler s, a o: w Packet Pg. 282 9.4.a attached as Exhibit A. • "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • "Order Form" means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto. • "SaaS Fees" means the fees for the SaaS Services identified in the Investment Summary. • "SaaS Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • "SLA" means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C. • "Statement of Work" means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E. • "Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C. • "Third Party Hardware" means the third party hardware, if any, identified in the Investment Summary. • "Third Party Products" means the Third Party Software and Third Party Hardware. • "Third Party SaaS Services" means software as a service provided by a third party, if any, identified in the Investment Summary. • "Third Party Services" means the third party services, if any, identified in the Investment Summary. • "Third Party Software" means the third party software, if any, identified in the Investment Summary. • "Third Party Terms" means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties' products or services, as applicable, and attached or indicated at Exhibit D. • "Tyler" means Tyler Technologies, Inc., a Delaware corporation. • "Tyler Software" means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • "we "us", "our" and similar terms mean Tyler. • "you" and similar terms mean Client. SECTION B — SAAS SERVICES 1. Rights Granted. 1.1 We grant to you the non-exclusive, non -assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software ••. tyler s, Packet Pg. 283 9.4.a will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). 2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services. 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services. 4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. 5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process. 6. Security Vulnerabilities. Security Vulnerability remediation will be prioritized based on the severity of the vulnerability, according to Tyler's internal policies. 7. SaaS Services. 6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA's Statement on Standards for Attestation Engagements ("SSAE") No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS ••., tyler s, a w Packet Pg. 284 9.4.a Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non -Disclosure Agreement ("NDA"), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center. 6.2 You will be hosted on shared hardware in a Tyler data center or in a third -party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers. 6.3 Our Tyler data centers have fully -redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or 3 0 component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective ("RPO") of 24 hours and a Recovery Time Objective ("RTO") of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum 0 U duration of time following data center failure within which your access to the Tyler Software 0. must be restored. w 6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client -specific Should you request a client -specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 6.6 We will be responsible for importing back-up and verifying that you can log -in. You will be responsible for running reports and testing critical processes to verify the returned Data. 6.7 We provide secure Data transmission paths between each of your workstations and our servers. 6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. ••. tyler 4 Packet Pg. 285 9.4.a 6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about- us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. 8. License Rights Terminate Upon Migration. When Tyler makes Tyler Software identified in the Investment Summary (the "Evergreen Modules") and licensed pursuant to this Agreement 3 0 available to the Client for use in live production, the license to the Tyler software listed in Exhibit A, Schedule 1 (hereafter, "Migration Modules") terminates, as do Tyler's maintenance, support, and/or update obligations for such software. �a L rt+ C 9. Notice of Data Breach. In the event of any confirmed breach of your Data, Tyler will follow the 0 U Washington state Data Breach Notification law, and any other applicable state or federal law. w SECTION C —PROFESSIONAL SERVICES I& 1. Professional Services. We will provide you the various implementation -related services itemized in the Investment Summary and described in the Statement of Work. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good -faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in -scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours. 3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non-refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within four (4) weeks of scheduled commitments. 5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we ••. tyler Packet Pg. 286 9.4.a will re -perform such services at no additional cost to you. 6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. 7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. 8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative .5 r_ process requiring the time and resources of your personnel. You agree to use all reasonable efforts 3 0 to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation -related services outlined in this Agreement. We will not be �a liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action 0 U or omission). w_ 9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, N we will: N `D r, 9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy); 9.2 provide support during our established support hours; 9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 9.5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy. We will use all reasonable efforts to perform support services remotely. Currently, we use a third - party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason ••., tyler Packet Pg. 287 9.4.a onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then -current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks' advance notice. 0 10. Support of Migration Modules. Beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement, and contingent upon Client's timely payment of annual SaaS Fees �a for Tyler Evergreen Modules, Client is entitled to receive, at no additional charge, maintenance and support for the Migration Modules until Tyler makes the Tyler Evergreen Modules available for use 0 U in live production. w_ SECTION D — THIRD PARTY PRODUCTS 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms. 3. Third Party Products Warranties. 3.1 We are authorized by each Developer to grant access to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. 4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third -party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy. SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES ••., tyler Packet Pg. 288 9.4.a 1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION F —TERM AND TERMINATION 1. Term. The initial term of this Agreement equal to three (3) years, commencing on January 1, 2025, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then -current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then -current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement. 2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2). 2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don't cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. 2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3). 2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more. 2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty ••., tyler s, a w Packet Pg. 289 9.4.a (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. SECTION G — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party's patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non -licensed third parties, or your willful infringement. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful ••. tyler s, a w Packet Pg. 290 9.4.a misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN -CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. SECTION H — GENERAL TERMS AND CONDITIONS 1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then -current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will U C 0 cu L _ 0 A 'a1 Tr 10 Packet Pg. 291 9.4.a be valid for twelve (12) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non -binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution 0 procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, �a sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will 0 U reimburse us for such taxes. If you have a valid direct -pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as w_ applicable, arising from our performance of this Agreement. It 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the ••., tyler 11 Packet Pg. 292 9.4.a cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable ••., tyler 12 • s, a w Packet Pg. 293 9.4.a and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients' data at risk, we reserve the absolute right to move your Data from its location within a multi -tenancy Tyler hosted environment to an isolated "quarantined" environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non -quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler's, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request. 19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler's Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler's Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at ••., tyler s, a w 13 Packet Pg. 294 9.4.a https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms. 24. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Schedule 1: Migration Modules Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Service Level Agreement Schedule 1: Support Call Process Exhibit D Third Party Terms Exhibit E Statement of Work IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the dates) set forth below. Tyler Technologies, Inc. By: Name: Title: Date: Address for Notices: Tyler Technologies, Inc. One Tyler Drive Yarmouth, ME 04096 Attention: Chief Legal Officer City of Edmonds, Washington By: Name: Title: Date: Address for Notices: City of Edmonds 121 5th Avenue North Edmonds, Washington 98020 Attention: ••., tyler s, 14 Packet Pg. 295 9.4.a Exhibit A • ••::•. tyler • technologies Exhibit A Investment Summary The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of 0 conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail. 4- r �a L rt+ C 0 U REMAINDER OF PAGE INTENTIONALLY LEFT BLANK w ••. tyler Packet Pg. 296 9.4.a Quoted By: Chris Deroche • •••ty er Quote Expiration: 11/27/24 •���•� Quote Name: City of Edmonds-ERP-EERP • technologies Quote Description: Enterprise ERP 6.11.24 Saas Term 3.00 Sales Quotation For: Shipping Address: City of Edmonds 121 5th Ave N Edmonds WA 98020-3163 Financial Management Accounting Accounts Payable Budgeting Capital Assets Cash Management Contract Management Inventory Inventory Mobile Project & Grant Accounting Purchasing Human Resources Management Human Resources & Talent Management Payroll with Employee Access Recruiting Time & Attendance w Mobile Access - Up to 350 Employees 2023-408295-S4G8J6 1 168 $ 34,990.00 1 40 $ 9,509.00 1 56 $ 9,509.00 1 48 $ 7,880.00 1 40 $ 6,331.00 1 32 $ 3,815.00 1 56 $ 7,247.00 1 16 $ 4,672.00 1 48 $ 6,520.00 1 112 $ 14,289.00 1 152 $ 5,789.00 1 168 $ 8,386.00 1 16 $ 1,314.00 1 160 $ 13,884.00 Page 1 Packet Pg. 297 9.4.a Revenue Management Accounts Receivable 1 88 $ 7,015.00 Cashiering 1 48 $ 13,140.00 Central Property File 1 8 $ 1,186.00 General Billing 1 40 $ 4,497.00 Resident Access 1 56 $ 6,300.00 Utility Billing CIS 1 192 $ 8,883.00 Utility Billing Meter Interface 1 24 $ 2,849.00 Utility Billing Special Assessments 1 64 $ 3,764.00 Content Management Content Manager Core includes Onboarding 1 32 $ 12,569.00 Data Insights Enterprise Analytics and Reporting w Executive Insights 1 88 $ 22,189.00 Open Finance 1 0 $ 12,000.00 Additional ACFR Statement Builder 1 32 $ 7,850.00 Enterprise Forms Processing Software (including Common Form Set) 1 0 $ 7,215.00 Sub -Total: $ 243,592.00 Less Discount: $ 27,751.00 TOTAL 1784 $ 215,841.00 Professional Services Description Ituantity V,nit Price Ext Discount Extended Price IT-laintenance Applicant Tracking Import Hours 8 $ 175.00 $ 704.00 $ 696.00 $ 0.00 Capital Assets Import Hours 16 $ 175.00 $ 1,408.00 $ 1,392.00 $ 0.00 Executive Insights Implementation 1 $ 8,400.00 $ 0.00 $ 8,400.00 $ 0.00 Install Fee - Open Finance 1 $ 5,600.00 $ 0.00 $ 5,600.00 $ 0.00 Payroll Accruals Import Hours 8 $ 175.00 $ 704.00 $ 696.00 $ 0.00 Payroll Deductions Import Hours 12 $ 175.00 $ 1,056.00 $ 1,044.00 $ 0.00 Position Control Import Hours 8 $ 175.00 $ 704.00 $ 696.00 $ 0.00 2023-408295-S4G8J6 Page 2 Packet Pg. 298 9.4.a Conversions —See Detailed Breakdown Below $ 36,350.00 $ 0.00 Project Management 268 $ 200.00 $ 0.00 $ 53,600.00 $ 0.00 Onsite Implementation 472 $ 225.00 $ 0.00 $ 106,200.00 $ 0.00 Remote Implementation 1312 $ 200.00 $ 0.00 $ 262,400.00 $ 0.00 TOTAL $ 477,074.00 $ 0.00 Payments Basis Use Case List • Points Rate Cap POS Online Payments - Client Card Cost - Interchange Plus Enterprise ERP Enterprise ERP Payments General Billing 0.50% $ 0.50 X X Enterprise ERP Payments Utility Billing 0.50% $ 0.50 X X Payments - Other ees Enterprise ERP Client eCheck Cost $ 1.95 eCheck Rejects $ 5.00 Credit Card Chargebacks $ 15.00 Client Card Cost - Interchange Plus Per card transaction with Visa, MasterCard, Discover, and American Express for all transactions on top of industry -driven rates for bank fees, card brand fees, interchange fees, dues, assessments, and other processing fees. Enterprise ERP Payments IVR Cost - Additional $0.50 per transaction on top of Card and eCheck fee. Client eCheck Cost Per electronic check transaction. eCheck Rejects When an eCheck transaction comes back as declined (e.g bounced check) Credit Card Chargebacks If a card payer disputes a transaction at the card issuing bank (e.g. stolen card) X Barcode Printer Kit 1 $ 1,445.00 $ 0.00 $ 1,445.00 $ 145.00 $ 0.00 $ 145.00 2023-408295-S4G8J6 Page 3 3 0 �a L _ 0 U a o: w N N W 0 _ 0 P �a ca a vi 0 E w m E c� r w a Packet Pg. 299 9.4.a Barcode Scanner - NX6 Rugged Mobile Scanning Device Payments Lane 7000 Terminal Purchase Payments PCI Service Fee (Per Device) TOTAL Summary Total Tyler License Fees TotalSaaS Total Tyler Services Total Third -Party Hardware, Software, Services Summary Total Contract Total Estimated Travel Expenses excl in Contract Total 1 $ 1,695.00 $ 0.00 $ 1,695.00 $ 170.00 $ 0.00 $ 170.00 1 $ 529.00 $ 0.00 $ 529.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 180.00 $ 0.00 $ 180.00 $ 3,669.00 $ 495.00 One Time Fees Recurring Fees $ 0.00 $ 0.00 $ 0.00 $ 215,841.00 $ 477,074.00 $ 0.00 $ 3,669.00 $ 495.00 $ 480,743.00 $ 216,336.00 $ 1,128,761.00 $ 27,400.00 Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval: Print Name: All Primary values quoted in US Dollars Detailed Breakdown of Conversions (Included in Summary Total) Financials Accounting Accounts Payable Project Accounting Purchase Orders 2023-408295-S4G8J6 Date: P.O.#: 1 $ 5,000.00 $ 2,500.00 $ 2,500.00 1 $ 7,600.00 $ 3,800.00 $ 3,800.00 1 $ 5,000.00 $ 2,500.00 $ 2,500.00 1 $ 5,400.00 $ 2,700.00 $ 2,700.00 Page 4 Packet Pg. 300 9.4.a Human Resources Management Human Resources Management Revenue Management General Billing Utility Billing 1 $ 14,300.00 $ 7,150.00 $ 7,150.00 1 $ 8, 200.00 $ 4,100.00 $ 4,100.00 1 $ 27,200.00 $ 13,600.00 $ 13,600.00 TOTAL $ 36,350.00 Financial Management eProcurement (Vendor Access and Punch -Out) 1 24 $ 5,700.00 TOTAL: 24 $ 5,700.00 Onsite Implementation 8 $ 225.00 $ 0.00 $ 1,800.00 $ 0.00 Remote Implementation 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00 TOTAL $ 5,000.00 $ 0.00 Financial Management Accounting 2023-408295-S4G8J6 $ 34,990.00 $ 6,648.00 $ 28,342.00 Page 5 Packet Pg. 301 9.4.a Accounts Payable $ 9,509.00 $ 1,807.00 $ 7,702.00 Budgeting $ 9,509.00 $ 1,807.00 $ 7,702.00 Capital Assets $ 7,880.00 $ 1,497.00 $ 6,383.00 Cash Management $ 6,331.00 $ 0.00 $ 6,331.00 Contract Management $ 3,815.00 $ 0.00 $ 3,815.00 Inventory $ 7,247.00 $ 0.00 $ 7,247.00 Inventory Mobile $ 4,672.00 $ 0.00 $ 4,672.00 Project & Grant Accounting $ 6,520.00 $ 1,239.00 $ 5,281.00 Purchasing $ 14,289.00 $ 2,715.00 $ 11,574.00 Human Resources Management Human Resources & Talent Management $ 5,789.00 $ 1,100.00 $ 4,689.00 Payroll with Employee Access $ 8,386.00 $ 1,593.00 $ 6,793.00 Recruiting $ 1,314.00 $ 0.00 $ 1,314.00 Time & Attendance w Mobile Access - Up to 350 Employees $ 13,884.00 $ 0.00 $ 13,884.00 Revenue Management Accounts Receivable $ 7,015.00 $ 1,333.00 $ 5,682.00 Cashiering $ 13,140.00 $ 2,497.00 $ 10,643.00 Central Property File $ 1,186.00 $ 225.00 $ 961.00 General Billing $ 4,497.00 $ 854.00 $ 3,643.00 Resident Access $ 6,300.00 $ 0.00 $ 6,300.00 Utility Billing CIS $ 8,883.00 $ 1,688.00 $ 7,195.00 Utility Billing Meter Interface $ 2,849.00 $ 541.00 $ 2,308.00 Utility Billing Special Assessments $ 3,764.00 $ 715.00 $ 3,049.00 Content Management Content Manager Core includes Onboarding $ 12,569.00 $ 0.00 $ 12,569.00 Data Insights Enterprise Analytics and Reporting w Executive Insights $ 22,189.00 $ 0.00 $ 22,189.00 Open Finance $ 12,000.00 $ 0.00 $ 12,000.00 Additional ACFR Statement Builder $ 7,850.00 $ 1,492.00 $ 6,358.00 Enterprise Forms Processing Software (including Common Form Set) $ 7,215.00 $ 0.00 $ 7,215.00 TOTAL $ 243,592.00 $ 27,751.00 $ 215,841.00 2023-408295-S4G8J6 Page 6 Packet Pg. 302 9.4.a Comments Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors. Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly. Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then -current Business Travel 0 Policy. Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are r responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost. L 0 U In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re -assign its personnel. w The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler. Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments. Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then -current rates for training or Tyler will utilize a Train -the - Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users. As a new Tyler client, you are entitled to a 14-day or a 30-day trial of the Managed Detection and Response cybersecurity service. Please reference https://www.tylertech.com/services/tyler-detect for more information on the service and contact CybersecuritySales@tylertech.com' ' to initiate the trial. Tyler currently supports the following identity providers (IdP's) for use with Tyler back -office solutions: Microsoft Active Directory through Azure AD, ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by Tyler will require additional costs, available upon request. Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB. The SaaS fees for product that are not named users are based on 50 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re -negotiate the SaaS fees based upon any resulting changes in the pricing categories. 2023-408295-S4G8J6 Page 7 Packet Pg. 303 9.4.a Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 10991NT, 10995, 1099NEC and 1099G. General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt. Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change. Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go -live planning activities. Utility billing library includes: standard Utility bill, standard UB receipt, standard UB delinquent notice, standard door hanger and standard final utility bill. Your rights, and the rights of any of your end users, to use Tyler's Data & Insights SaaS Services, or certain Tyler solutions which include Tyler's Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-services- terms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms. Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R. Accounting conversion includes: Actuals (total balances only) up to 5 years, Budgets (total balances only) up to 5 years Accounts Payable conversion includes: Standard - Vendors, Remit Addresses, 1099 Amounts, Check History(Header, Detail) - up to 5 years, Invoices (Header, Detail) - up to 5 years General Billing conversion includes: Standard - CID, Recurring Invoices, Bills(Header, Detail), Payment History, Invoices - up to 5 years Human Resources Management conversion includes: Standard - Employee Master, Address, Accumulators (Earnings & Deduction totals by period) - up to 5 years, Check History - up to 5 years, Earning/Deduction History - up to 5 years, PM Action History - up to 5 years, Certifications, Education Project Accounting conversion includes: Standard, Actuals - up to 5 years, Budgets - up to 5 years Purchase Orders conversion includes: Standard - Open POs, Closed POs - up to 5 years 2023-408295-S4G8J6 Page 8 s, a w Packet Pg. 304 9.4.a Utility Billing conversion includes: Standard - UB Account, CID's, Services/Meter Inventory, Assessments, Consumption History - up to 5 years, Balance Forward AR, Service Orders, Backflow, Budget Billing, Flat Inventory/Containers In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non -Tyler applications, Client must purchase or upgrade to Content Manager Enterprise Edition. All hardware related to Assets Mobile and Inventory Mobile will be under a standard maintenance plan which starts when they are shipped. This 3 0 includes replacement of your current hardware if it cannot be fixed through the standard helpdesk process. Fees for year one of hardware maintenance are invoiced upon delivery of the hardware, with subsequent years' fees billed annually, in advance. L Your use of Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/payment- _ 0 U card -processing -agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to a� such terms. Please see attached Payments fee schedule. w 2023-408295-S4G8J6 Page 9 Packet Pg. 305 9.4.a . ••::•. tyler et • technologies Exhibit A Schedule 1 Migration Modules • Payroll/Position Control • Utility Billing • Accounts Receivable • Handhelds • Forms Support • Data Dictionaries • Project Accounting • Parcel Manager • Licensing • Administration • GL/AP • Special Assessment • Advanced Budgeting • Utility Billing Support Web • Tyler Cashiering • Human Resources • Annual Comprehensive Financial Report Upgrade • Purchasing Support • "Tyler Payments - Hosting Fee" • Cash Register Interface • Fixed Assets • Human Resources Web Exhibit A Schedule 1 U C 0 cu L w 0 'a1 Tr 1 Packet Pg. 306 9.4.a Exhibit B • ••::•. tyler • technologies Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. = 3 Invoicing: We will invoice you for the applicable software and services in the Investment Summary as 0 set forth below. Your rights to dispute any invoice are set forth in the Agreement. 3 r 1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F(1) of this Agreement. Your annual SaaS fees for the initial c term are set forth in the Investment Summary. Upon expiration of the initial term, your annual v a SaaS fees will be at our then -current rates. Beginning on the commencement of the initial term, w Client shall no longer be required to pay annual support fees for the Migration Modules. 2. Other Tvler Software and Services. 2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN. 2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary. 2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed -fee services, they will be invoiced 50% upon your acceptance of the best practice recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 2.4 Conversions: Fixed -fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. 2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement. ••., tyler Packet Pg. 307 9.4.a Exhibit B 2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where "Project Planning Services" are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. 2.7 Web Services: Annual fees for web services are payable in advance, commencing upon the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then -current rates. 2.8 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due 3 0 annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then -current rates. �a L rt+ _ 3. Third Party Products and Hardware. 0 U a 3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced w when we make it available to you for downloading. It 3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at then - current rates, upon each anniversary thereof. 3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. 3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then -current rates, upon each anniversary thereof. 3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. For the avoidance of doubt, Finite Matters will invoice Client directly for any services fees for Pattern Stream. 3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party's then -current rates. 4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Exhibit A and may be increased by Tyler upon notice of no less than thirty (30) days. 5. Expenses. The service rates in the Investment Summary do not include travel expenses. ••., tyler Packet Pg. 308 9.4.a Exhibit B Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then -current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. 6. Credit for Preaaid Maintenance and Suaport Fees for Mieration Modules. Client will receive a credit for the maintenance and support fees prepaid for the Migration Modules for the time period commencing on the first day of the initial term, as set forth in Section F (1) of this Agreement. Migration Modules are listed at Exhibit A, Schedule 1. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting AR@tvlertech.com. ••., tyler a w Packet Pg. 309 9.4.a Exhibit B Schedule 1 • ••::•. ty ler . • technologies Exhibit B Schedule 1 Business Travel Policy 1. Air Travel 3 0 A. Reservations & Tickets .- The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight r L within two hours before or after the requested departure time, assuming that flight does not add c more than three hours to the employee's total trip duration and the fare is within $100 (each way) c� of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that w does not add more than three hours to the employee's total trip duration, the connecting flight N should be accepted. N Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for "Basic Economy Fares" because these fares are non-refundable and have many restrictions that outweigh the cost -savings. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags Baggage fees for sports equipment are not reimbursable. ••., tyler Packet Pg. 310 9.4.a Exhibit B Schedule 1 2. Ground Transportation A. Private Automobile Mileage Allowance — Business use of an employee's private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, 0 employees should select a "mid -size" or "intermediate" car. "Full" size cars may be rented when 0 three or more employees are traveling together. Tyler carries leased vehicle coverage for business r car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. 0 U C. Public Transportation w Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. "No shows" or cancellation fees are not reimbursable if the employee does not comply with the hotel's cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. ••. tyler Packet Pg. 311 9.4.a Exhibit B Schedule 1 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required. c 3 O A. Overnight Travel .- r For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a L trip are governed as set forth below. c U CL Departure Day W w Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Dinner W Return Day Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: Breakfast 15% Lunch 25% Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. ••., tyler 3 Packet Pg. 312 9.4.a Exhibit B Schedule 1 5. Internet Access— Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee's hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 6. International Travel All international flights with the exception of flights between the U.S. and Canada should be = .5 reserved through TMC using the "lowest practical coach fare" with the exception of flights that are = 3 six (6) or more consecutive hours in length. In such event, the next available seating class above c°, coach shall be reimbursed. When required to travel internationally for business, employees shall be reimbursed for photo fees, r application fees, and execution fees when obtaining a new passport book, but fees related to C U passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable. w The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable. Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. ••., tyler Packet Pg. 313 9.4.a Exhibit C • •••'•• tyler • technologies Exhibit C SERVICE LEVEL AGREEMENT I. Agreement Overview This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented 0 in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process. r �a II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement. 0 U a Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, w_ calculated as follows: (Service Availability — Downtime) _ Service Availability. N Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or 04 the acts or omissions of any of your service users or third -party providers over whom we exercise no c _ control. 0 ca Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, a� login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present. Emergency Maintenance Window: (1) maintenance that is required to patch a critical security Q vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client. Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window. 0 E M Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable w of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used E in the live production environment. r w Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard a Maintenance is limited to five (5) hours per week. III. Service Availability a. Your Responsibilities Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities ••., tyler 1 Packet Pg. 314 9.4.a Exhibit C When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations. C. Client Relief Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month. In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your — relief request within thirty (30) day(s) of receipt. c 3 The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created 4.- the service interruption. �a L Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months c and only for such consecutive months. t� a w F9W9.99%,-99.70%o I Remedial action will be taken 99.69% - 98.50% 2% of SaaS Fees paid for applicable month 98.49% - 97.50% 4% of SaaS Fees paid for applicable month 97.49% - 96.50% 6% of SaaS Fees paid for applicable month 96.49% - 95.50% 8% of SaaS Fees paid for applicable month Below 95.50% 10% of SaaS Fees paid for applicable month * Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour. IV. Maintenance Notifications We perform Standard Maintenance during limited windows that are historically known to be reliably low -traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you. Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that ••. tyler 2 Packet Pg. 315 9.4.a Exhibit C activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window. 'a1 7I Tr Packet Pg. 316 9.4.a • ••::•. ty ler . • technologies Exhibit C Schedule 1 Support Call Process Support Channels Exhibit C Schedule 1 Tyler Technologies, Inc. provides the following channels of software support for authorized users*: 3 (1) On-line submission (portal) — for less urgent and functionality -based questions, users may create 0 support incidents through the Tyler Customer Portal available at the Tyler Technologies website. 3 A built-in Answer Panel provides users with resolutions to most "how-to" and configuration- r based questions through a simplified search interface with machine learning, potentially L eliminating the need to submit the support case. 0 (2) Email — for less urgent situations, users may submit emails directly to the software support v group. a (3) Telephone —for urgent or complex questions, users receive toll -free, telephone software w support. N * Channel availability may be limited for certain applications. N Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website — www.tVIertech.com — for accessing client tools, documentation, and other information including support contact information. (2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 247. (3) Tyler Community —provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University — online training courses on Tyler products. Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday — Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler's holiday schedule is outlined below. There will be no support coverage on these days. New Year's Day Labor Day Martin Luther King, Jr. Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of ••. tyler Packet Pg. 317 9.4.a Exhibit C Schedule 1 such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below. We will also make commercially reasonable efforts to be available for one pre -scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment. Incident Handling Incident Tracking Every support incident is logged into Tyler's Customer Relationship Management System and given a = unique case number. This system tracks the history of each incident. The case number is used to track 0 and reference open issues when clients contact support. Clients may track incidents, using the case 0 number, through Tyler's Customer Portal or by calling software support directly. r �a L rt+ Incident Priority r_ 0 U Each incident is assigned a priority level, which corresponds to the Client's needs. Tyler and the Client0. will reasonably set the priority of the incident per the chart below. This chart is not intended to address w every type of support incident, and certain "characteristics" may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only. References to a "confirmed support incident" mean that Tyler and the Client have successfully validated the reported Defect/support incident. Priority Level Characteristics of Support Incident Resolution Targets* Support incident that causes (a) Tyler shall provide an initial response to Priority Level complete application failure or 1 incidents within one (1) business hour of receipt of application unavailability; (b) the incident. Once the incident has been confirmed, 1 application failure or unavailability in Tyler shall use commercially reasonable efforts to Critical one or more of the client's remote resolve such support incidents or provide a location; or (c) systemic loss of circumvention procedure within one (1) business multiple essential system functions. day. For non -hosted customers, Tyler's responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available database. ••. tyler Packet Pg. 318 9.4.a Exhibit C Schedule 1 Priority Characteristics of Support Incident Resolution Targets* Level Support incident that causes (a) Tyler shall provide an initial response to Priority Level repeated, consistent failure of 2 incidents within four (4) business hours of receipt of essential functionality affecting more the incident. Once the incident has been confirmed, than one user or (b) loss or corruption Tyler shall use commercially reasonable efforts to 2 of data. resolve such support incidents or provide a High circumvention procedure within ten (10) business days. For non -hosted customers, Tyler's responsibility for loss or corrupted data is limited to assisting the Client in restoring its last available database. Priority Level 1 incident with an Tyler shall provide an initial response to Priority Level existing circumvention procedure, or 3 incidents within one (1) business day of receipt of a Priority Level 2 incident that affects the incident. Once the incident has been confirmed, only one user or for which there is an Tyler shall use commercially reasonable efforts to 3 existing circumvention procedure. resolve such support incidents without the need for a Medium circumvention procedure with the next published maintenance update or service pack, which shall occur at least quarterly. For non -hosted customers, Tyler's responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available database. Support incident that causes failure of Tyler shall provide an initial response to Priority Level 4 non -essential functionality or a 4 incidents within two (2) business days of receipt of Non- cosmetic or other issue that does not the incident. Once the incident has been confirmed, critical qualify as any other Priority Level. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release. `Response and Resolution Targets may differ by product or business need Incident Escalation If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect. Remote Support Tool Some support calls may require further analysis of the Client's database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry -standard remote support tool. Tyler's support team must have the ability to quickly connect to the Client's system and view the site's setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. ••., tyler s, a w Packet Pg. 31 9.4.a Exhibit D • ••::•. tyler • technologies Exhibit D Third Party Terms ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms. DocOrigin Terms. Your use of Tyler Forms software and forms is subject to the DocOrigin End User License Agreement available for download here: https://eclipsecorp.us/eula/. By signing a Tyler Agreement or Order Form including Tyler forms software or forms, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms. ••. tyler U c 0 cu w 0 '.■ ZA Tr Packet Pg. 320 9.4.a Exhibit E . ••::•. tyler • technologies Exhibit E Statement of Work REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 'a1 Z Tr Packet Pg. 321 9.4.a City of Edmonds, WA SOW from Tyler Technologies, Inc. 6/6/2024 Presented to: City of Edmonds, WA 1215th Ave N Edmonds, WA 98020-3163 Contact: Rich Boven Email: richard.boven@tylertech.com 1 Tyler Drive Yarmouth, Maine 04096 • • .':�. tyler •• technologies 0 L 0 U a w Packet Pg. 322 9.4.a Table of Contents PART 1: EXECUTIVE SUMMARY...............................................................................................................1 1. Project Overview............................................................................................................................. 1 1.1 Introduction........................................................................................................................................ 1 1.2 Project Goals....................................................................................................................................... 1 1.3 Methodology.......................................................................................................................................1 PART 2: PROJECT FOUNDATION.............................................................................................................3 2. Project Governance 3 0 3. Project Scope Control 4 `~ 3.1 Managing Scope and Project Change................................................................................................. 4 L 3.2 Change Control................................................................................................................................... 4 0 3.3 Change Request Management............................................................................................................ 4 v (L W w 4. Acceptance Process 6 Iq 5. Roles and Responsibilities................................................................................................................ 6 W to 5.1 Tyler Roles & Responsibilities6 ............................................................................................................. c 5.1.1 Tyler Executive Manager............................................................................................................. 7 5.1.2 Tyler Implementation Manager.................................................................................................. 7 0 L 2M 5.1.3 Tyler Project Manager................................................................................................................. 7 E 5.1.4 Tyler Implementation Consultant............................................................................................... 8 U) 5.1.5 Tyler Sales 8 Cn 5.1.6 Tyler Technical Services.............................................................................................................. 8 3: 5.2 City Roles & Responsibilities 9 5.2.1 City Executive Sponsor................................................................................................................ 9 0 5.2.2 City Steering Committee............................................................................................................. 9 -0 5.2.3 CityProject Manager 9 w 5.2.4 City Functional Leads................................................................................................................ 11 4) 5.2.5 City Power Users....................................................................................................................... 11 5.2.6 City End Users 12 f6 5.2.7 City Technical Lead.................................................................................................................... 12 Q 5.2.8 City Change Management Lead................................................................................................ 12 PART 3: PROJECT PLAN........................................................................................................................... 13 6. Project Stages.................................................................................................................................13 6.1 Initiate and Plan................................................................................................................................ 14 6.1.1 Initial Coordination................................................................................................................... 14 6.1.2 Project/Phase Planning............................................................................................................. 15 6.1.3 Infrastructure Planning............................................................................................................. 16 City of Edmonds, WA Tyler Technologies, Inc. 9.4.a 6.1.4 Stakeholder Meeting................................................................................................................. 17 6.1.5 Intentionally left blank.............................................................................................................. 18 6.1.6 Control Point 1: Initiate & Plan Stage Acceptance.................................................................... 18 6.2 Assess & Define................................................................................................................................. 18 6.2.1 Solution Orientation.................................................................................................................. 18 6.2.2 Current & Future State Analysis................................................................................................ 19 6.2.3 Data Assessment....................................................................................................................... 20 6.2.4 Conversion Assessment............................................................................................................ 22 6.2.5 Intentionally left blank.............................................................................................................. 23 6.2.6 Intentionally left blank.............................................................................................................. 23 6.2.7 Control Point 2: Assess & Define Stage Acceptance................................................................. 23 6.3 Prepare Solution............................................................................................................................... 23 6.3.1 Initial System Deployment........................................................................................................ 23 6.3.2 Configuration............................................................................................................................ 24 6.3.3 Process Refinement.................................................................................................................. 25 6.3.4 Conversion Delivery.................................................................................................................. 27 6.3.5 Intentionally left blank.............................................................................................................. 28 6.3.6 Intentionally left blank.............................................................................................................. 28 6.3.7 Control Point 3: Prepare Solution Stage Acceptance................................................................ 28 6.4 Production Readiness....................................................................................................................... 29 6.4.1 Solution Validation.................................................................................................................... 29 6.4.2 Go -Live Readiness..................................................................................................................... 30 6.4.3 End User Training...................................................................................................................... 31 6.4.4 Control Point 4: Production Readiness Stage Acceptance........................................................ 32 6.5 Production .........................................................................................................................................32 6.5.1 Go-Live...................................................................................................................................... 32 6.5.2 Transition to Client Services...................................................................................................... 34 6.5.3 Post Go -Live Activities............................................................................................................... 35 6.5.4 Control Point 5: Production Stage Acceptance......................................................................... 35 6.6 Close ..................................................................................................................................................36 6.6.1 Phase Closeout.......................................................................................................................... 36 6.6.2 Project Closeout........................................................................................................................ 37 6.6.3 Control Point 6: Close Stage Acceptance.................................................................................. 38 7. General Assumptions......................................................................................................................38 7.1 Project...............................................................................................................................................38 7.2 Organizational Change Management............................................................................................... 39 7.3 Resources and Scheduling................................................................................................................ 39 7.4 Data................................................................................................................................................... 39 7.5 Facilities.............................................................................................................................................40 8. Glossary.........................................................................................................................................41 PART 4: APPENDICES............................................................................................................................... 44 9. Conversion.....................................................................................................................................44 City of Edmonds, WA Tyler Technologies, Inc. 0 0 c 0 U (L w w Iq N w N to 0 _ 0 0 L U) 0 0 U) Q vi c 0 E w c d E t 0 w Q 9.4.a 9.1 Enterprise ERP Conversion Summary............................................................................................... 44 9.1.1 Accounting................................................................................................................................ 44 9.1.2 Accounts Payable...................................................................................................................... 44 9.1.3 Project Accounting.................................................................................................................... 44 9.1.4 Purchase Orders........................................................................................................................ 45 9.1.5 Human Resources Management............................................................................................... 45 9.1.6 General Billing........................................................................................................................... 46 9.1.7 Utility Billing.............................................................................................................................. 46 10. Additional Appendices................................................................................................................48 10.1 Intentionally left blank...................................................................................................................... 48 11. Project Timeline..........................................................................................................................49 11.1 ERP Project Timeline.........................................................................................................................49 11.2 Intentionally left blank...................................................................................................................... 50 City of Edmonds, WA Tyler Technologies, Inc. Page / iii Packet Pg. 325 Part 1: Executive Summary 1. Project Overview 1.1 Introduction Tyler Technologies ("Tyler") is the largest and most established provider of integrated software and technology services focused solely on the public sector. Tyler's end -to -end solutions empower public sector entities including local, state, provincial and federal government, to operate more efficiently and connect more transparently with their constituents and with each other. By connecting data and processes across disparate systems, Tyler's solutions transform how clients gain actionable insights that solve problems in their communities. 1.2 Project Goals This Statement of Work ("SOW") documents the methodology, implementation stages, activities, and roles and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler and the City (collectively the "Project"). The overall goals of the project are to: ■ Successfully implement the contracted scope on time and on budget ■ Increase operational efficiencies and empower users to be more productive ■ Improve accessibility and responsiveness to external and internal customer needs ■ Overcome current challenges and meet future goals 1.3 Methodology This is accomplished by the City and Tyler working as a partnership and Tyler utilizing its depth of implementation experience. While each Project is unique, all will follow Tyler's six -stage methodology. Each of the six stages is comprised of multiple work packages, and each work package includes a narrative description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix. Tailored specifically for Tyler's public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the City's complexity and organizational needs. _ 3 0 3 L 0 U City of Edmonds, WA Tyler Technologies, Inc. Page / 1 Packet Pg. 326 Tyler's Six Stage Project Methodology INITIATE i MW ASSExSi MW PRf?ARE MW PRODUCTION CIOfE PUN Of 'R Sf11M Rf'�DINESS The methodology adapts to both single-phase and multiple -phase projects. To achieve Project success, it is imperative that both the City and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that the City and Tyler Project teams work collaboratively to complete tasks. An underlying principle of Tyler's Implementation process is to employ an iterative model where the City's business processes are assessed, configured, validated, and refined cyclically in line with the project budget. This approach is used in multiple stages and work packages as illustrated in the graphic below. Iterative Project Model The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to complete the Project efficiently and effectively. City of Edmonds, WA Tyler Technologies, Inc. Page / 2 Packet Pg. 327 9.4.a Part 2: Project Foundation 2. Project Governance Project governance is the management framework within which Project decisions are made. The role of Project governance is to provide a decision -making approach that is logical, robust, and repeatable. This allows organizations to have a structured approach for conducting its daily business in addition to project related activities. This section outlines the resources required to meet the business needs, objectives, and priorities for the Project, communicate the goals to other Project participants, and provide support and guidance to accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change Control review and authority, and Organizational Change Management activities. Throughout the Statement of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation which will further outline responsibilities of different roles in each stage. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage. The chart below illustrates an overall team perspective where Tyler and the City collaborate to resolve Project challenges according to defined escalation paths. If project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City Steering Committee become the escalation points to triage responses prior to escalation to the City and Tyler executive sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City and Tyler executive sponsors serve as the final escalation point. Project Governance Relationships LEADERSHIPCLIENT EXECUTIVE SPONSOR Champions the project, secures buy -in, provides oversight and ultimate decision -making STEERING COMMITTEE Monitors progress, goals and objectives PROJECT MANAGER Oversees project schedule and tasks EXECUTIVE SPONSOR Provides oversight and ultimate decision -making IMPLEMENTATION MANAGER Monitors progress y PROJECT MANAGER Oversees project schedule and tasks 0 w r L c 0 U a w City of Edmonds, WA Tyler Technologies, Inc. Page / 3 Packet Pg. 328 3. Project Scope Control 3.1 Managing Scope and Project Change Project Management governance principles contend that there are three connected constraints on a Project: budget, timeline, and scope. These constraints, known as the "triple constraints" or project management triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the work performed to deliver a product, service or result with the specified features and functions, while time is simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle, the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased, cost and time to complete will also need to increase. The Project and executive teams will need to remain cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this triangle is included here, showing the connection of each item and their relational impact to the overall Scope. Project Management Triangle A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level of flexibility to incorporate approved changes. Scope and changes within the project will be managed using the change control process outlined in the following section. 3.2 Change Control It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new constraints or opportunities are discovered). This Project is being undertaken with the understanding that Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders. Changes to contractual requirements will follow the change control process specified in the final contract, and as described below. 3.3 Change Request Management Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the change will be brought to the attention of the Steering Committee and an assessment of the change will occur. While such changes may result in additional costs and delays relative to the schedule, some changes may result in less cost to the City; for example, the City may decide it no longer needs a deliverable originally defined in the Project. The Change Request will include the following information: City of Edmonds, WA Tyler Technologies, Inc. Page / 4 Packet Pg. 329 9.4.a ■ The nature of the change. ■ A good faith estimate of the additional cost or associated savings to the City, if any. ■ The timetable for implementing the change. ■ The effect on and/or risk to the schedule, resource needs or resource responsibilities The City will use its good faith efforts to either approve or disapprove any Change Request within ten (10) Business Days (or other period as mutually agreeable between Tyler and the City). Any changes to the Project scope, budget, or timeline must be documented and approved in writing using a Change Request form. These changes constitute a formal amendment to the Statement of Work and will supersede any conflicting term in the Statement of Work. CLIENT IDENTIFIES NEED/ DESIRE FOR CHANGE Change Request Process SCOPE DETAILS TYLER ASSESSES/ CLIENT DETAILS IFTYLER AGREES CLIENT AUTHORIZES SCHEDULE ADJUSTED TO DETERMINES OUT NEED IN CHANGE WITH THE REQUEST OR DECLINES THE ACCOMMODATE THE OF SCOPE REQUEST FORM CHANGE CHANGE IF NECESSARY If Tyler Agrees with Request Estimate provided to Ghent. otherwise reason for denial provided Including addition of new tasks that result from the change City of Edmonds, WA Tyler Technologies, Inc. Page / 5 Packet Pg. 330 4. Acceptance Process The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success of the Project that each City office or department designates specific individuals for making decisions on behalf of their offices or departments. Both Tyler and the City will identify representative project managers. These individuals will represent the interests of all stakeholders and serve as the primary contacts between the two organizations. The coordination of gaining City feedback and approval on Project deliverables will be critical to the success of the Project. The City project manager will strive to gain deliverable and decision approvals from all authorized City representatives. Given that the designated decision -maker for each department may not always be available, there must be a designated proxy for each decision point in the Project. Assignment of each proxy will be the responsibility of the leadership from each City department. The proxies will be named individuals that have the authorization to make decisions on behalf of their department. The following process will be used for accepting Deliverables and Control Points: ■ The City shall have five (5) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City does not provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. If the City does not agree the Deliverable or Control Point meets requirements, the City shall notify Tyler project manager(s), in writing, with reasoning within five (5) business days, or the otherwise agreed -upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City shall then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the City does not provide acceptance within two (2) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. 5. Roles and Responsibilities The following defines the roles and responsibilities of each Project resource for the City and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the City, but are roles defined within the Project. It is common for individual resources on both the Tyler and City project teams to fill multiple roles. Similarly, it is common for some roles to be filled by multiple people. 5.1 Tyler Roles & Responsibilities Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be one Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise. ,a n City of Edmonds, WA Tyler Technologies, Inc. Page / 6 Packet Pg. 331 5.1.1 Tyler Executive Manager Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the Project team and collaborates with other Tyler department managers as needed to escalate and facilitate implementation Project tasks and decisions. ■ Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the City's overall organizational strategy. ■ Authorizes required Project resources. ■ Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process. ■ Acts as the counterpart to the City's executive sponsor. 5.1.2 Tyler Implementation Manager ■ Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. The Tyler project managers consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler Project Manager or with City management as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. ■ Assigns Tyler Project personnel. ■ Provides support for the Project team. ■ Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources. ■ Monitors Project progress including progress towards agreed upon goals and objectives. 5.1.3 Tyler Project Manager ■ The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources between departments, management of the Project budget and schedule, effective risk, and issue management, and is the primary point of contact for all Project related items. As requested by the City, the Tyler Project Manager provides regular updates to the City Steering Committee and other Tyler governance members. Tyler Project Manager's role includes responsibilities in the following areas: 5.1.3.1 Contract Management ■ Validates contract compliance throughout the Project. ■ Ensures Deliverables meet contract requirements. ■ Acts as primary point of contact for all contract and invoicing questions. ■ Prepares and presents contract milestone sign -offs for acceptance by the City project manager(s). ■ Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance. 5.1.3.2 Planning ■ Delivers project planning documents. ■ Defines Project tasks and resource requirements. ■ Develops initial Project schedule and Project Management Plan. ■ Collaborates with the City project manager(s) to plan and schedule Project timelines to achieve on - time implementation. City of Edmonds, WA Tyler Technologies, Inc. Page / 7 Packet Pg. 332 9.4.a 5.1.3.3 Implementation Management ■ Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. ■ Establishes and manages a schedule and Tyler resources that properly support the Project Schedule and are also in balance with Scope/budget. ■ Establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to the City any items that may impact the outcomes of the Project. ■ Collaborates with the City's project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the project. ■ Collaborates with the City's project manager(s) to set a routine communication plan that will aide all Project team members, of both the City and Tyler, in understanding the goals, objectives, status, and health of the Project. 5.1.3.4 Resource Management ■ Acts as liaison between Project team and Tyler manager(s). ■ Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. ■ Provides direction and support to Project team. ■ Manages the appropriate assignment and timely completion of tasks as defined in the Project Schedule, task list, and Go -Live Checklist. ■ Assesses team performance and adjusts as necessary. ■ Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks. 5.1.4 Tyler Implementation Consultant ■ Completes tasks as assigned by the Tyler project manager(s). ■ Documents activities for services performed by Tyler. ■ Guides the City through software validation process following configuration. ■ Assists during Go -Live process and provides support until the City transitions to Client Services. ■ Facilitates training sessions and discussions with the City and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. ■ May provide conversion review and error resolution assistance. 5.1.5 Tyler Sales ■ Supports Sales to Implementation knowledge transfer during Initiate & Plan. ■ Provides historical information, as needed, throughout implementation. ■ Participates in pricing activities if additional licensing and/or services are needed. 5.1.6 Tyler Technical Services ■ Maintains Tyler infrastructure requirements and design document(s). ■ Involved in system infrastructure planning/review(s). ■ Provides first installation of licensed software with initial database on servers. ■ Supports and assists the project team with technical/environmental issues/needs. ■ Deploys Tyler products. City of Edmonds, WA Tyler Technologies, Inc. Page / 8 Packet Pg. 333 9.4.a 5.2 City Roles & Responsibilities City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles. 5.2.1 City Executive Sponsor The City executive sponsor provides support to the Project by providing strategic direction and communicating key issues about the Project and its overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers the City steering committee, project manager(s), and functional leads to make critical business decisions for the City. ■ Champions the project at the executive level to secure buy -in. ■ Authorizes required project resources. ■ Actively participates in organizational change communications. 5.2.2 City Steering Committee The City steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation for the Project's value throughout the organization. The steering committee oversees the City project manager and Project through participation in regular internal meetings. The City steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The City steering committee also serves as primary level of issue resolution for the Project. ■ Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process. ■ Attends all scheduled steering committee meetings. ■ Provides support for the project team. ■ Assists with communicating key project messages throughout the organization. ■ Prioritizes the project within the organization. ■ Ensures the project staffed appropriately and that staff have necessary resources. ■ Monitors project progress including progress towards agreed upon goals and objectives. ■ Has the authority to approve or deny changes impacting the following areas: o Cost o Scope o Schedule o Project Goals o City Policies o Needs of other client projects 5.2.3 City Project Manager The City shall assign project manager(s) prior to the start of this project with overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. The City Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City project manager(s) do not have the knowledge or authority to make decisions, he or she engages the necessary resources to participate in discussions and make decisions in a City of Edmonds, WA Tyler Technologies, Inc. 0 w r L _ 0 U a w Page / 9 Packet Pg. 334 9.4.a timely fashion to avoid Project delays. The City project manager(s) are responsible for reporting to the City steering committee and determining appropriate escalation points. 5.2.3.1 Contract Management ■ Validates contract compliance throughout the project. ■ Ensures that invoicing and Deliverables meet contract requirements. ■ Acts as primary point of contact for all contract and invoicing questions. Collaborates on and approves Change Requests, if needed, to ensure proper scope and budgetary compliance. 5.2.3.2 Planning ■ Reviews and accepts project planning documents. ■ Defines project tasks and resource requirements for the City project team. ■ Collaborates in the development and approval of the project schedule. ■ Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on -time implementation. 5.2.3.3 Implementation Management ■ Tightly manages project budget and scope. ■ Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that scope changes and budget (planned versus actual) are transparent and handled effectively and efficiently. ■ Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the project schedule as a whole and is also in balance with scope and budget. ■ Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process between the City and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Tyler any items that may impact the outcomes of the project. ■ Collaborates with Tyler project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project ■ Routinely communicates with both the City staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the project by all team members. ■ Manages the requirements gathering process and ensure timely and quality business requirements are being provided to Tyler. 5.2.3.4 Resource Management ■ Acts as liaison between project team and stakeholders. ■ Identifies and coordinates all City resources across all modules, phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices. ■ Provides direction and support to project team. ■ Builds partnerships among the various stakeholders, negotiating authority to move the project forward. ■ Manages the appropriate assignment and timely completion of tasks as defined. ■ Assesses team performance and takes corrective action, if needed. ■ Provides guidance to City technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. ■ Owns the relationship with in -Scope 3rd party providers and aligns activities with ongoing project tasks. 0 w L 0 U a w City of Edmonds, WA Tyler Technologies, Inc. Page / 10 Packet Pg. 335 ■ Ensures that users have appropriate access to Tyler project toolsets as required. ■ Conducts training on proper use of toolsets. ■ Validates completion of required assignments using toolsets. 5.2.4 City Functional Leads ■ Makes business process change decisions under time sensitive conditions. ■ Communicates existing business processes and procedures to Tyler consultants. ■ Assists in identifying business process changes that may require escalation. ■ Contributes business process expertise for Current & Future State Analysis. ■ Identifies and includes additional subject matter experts to participate in Current & Future State Analysis. ■ Validates that necessary skills have been retained by end users. ■ Provides End Users with dedicated time to complete required homework tasks. ■ Acts as an ambassador/champion of change for the new process and provide business process change support. ■ Identifies and communicates any additional training needs or scheduling conflicts to the City project manager. ■ Actively participates in all aspects of the implementation, including, but not limited to, the following key activities: o Task completion o Stakeholder Meeting o Project Management Plan development o Schedule development o Maintenance and monitoring of risk register o Escalation of issues o Communication with Tyler project team o Coordination of City resources o Attendance at scheduled sessions o Change management activities o Modification specification, demonstrations, testing and approval assistance o Data analysis assistance o Decentralized end user training o Process testing o Solution Validation 5.2.5 City Power Users ■ Participate in project activities as required by the project team and project manager(s). ■ Provide subject matter expertise on the City business processes and requirements. ■ Act as subject matter experts and attend Current & Future State Analysis sessions as needed. ■ Attend all scheduled training sessions. ■ Participate in all required post -training processes as needed throughout project. ■ Test all application configuration to ensure it satisfies business process requirements. ■ Become application experts. ■ Participate in Solution Validation. ■ Adopt and support changed procedures. ■ Complete all deliverables by the due dates defined in the project schedule. ■ Demonstrate competency with Tyler products processing prior to Go -live. ■ Provide knowledge transfer to the City staff during and after implementation. City of Edmonds, WA Tyler Technologies, Inc. Page / 11 Packet Pg. 336 ■ Participate in conversion review and validation. 5.2.6 City End Users ■ Attend all scheduled training sessions. ■ Become proficient in application functions related to job duties. ■ Adopt and utilize changed procedures. ■ Complete all deliverables by the due dates defined in the project schedule. ■ Utilize software to perform job functions at and beyond Go -live. 5.2.7 City Technical Lead ■ Coordinates updates and releases with Tyler as needed. ■ Coordinates the copying of source databases to training/testing databases as needed for training days. ■ Coordinates and adds new users, printers and other peripherals as needed. ■ Validates that all users understand log -on process and have necessary permission for all training sessions. ■ Coordinates interface development for City third party interfaces. ■ Develops or assists in creating reports as needed. ■ Ensures on -site system meets specifications provided by Tyler. ■ Assists with software installation as needed. ■ Extracts and transmits conversion data and control reports from the City's legacy system per the conversion schedule set forth in the project schedule. 5.2.7.1 City Upgrade Coordination ■ Becomes familiar with the software upgrade process and required steps. ■ Becomes familiar with Tyler's releases and updates. ■ Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City's software upgrade process. ■ Assists with the software upgrade process during implementation. ■ Manages software upgrade activities post -implementation. ■ Manages software upgrade plan activities. ■ Coordinates software upgrade plan activities with City and Tyler resources. ■ Communicates changes affecting users and department stakeholders. ■ Obtains department stakeholder acceptance to upgrade production environment. 5.2.8 City Change Management Lead ■ Validates that users receive timely and thorough communication regarding process changes. ■ Provides coaching to supervisors to prepare them to support users through the project changes. ■ Identifies the impact areas resulting from project activities and develops a plan to address them proactively. ■ Identifies areas of resistance and develops a plan to reinforce the change. ■ Monitors post -production performance and new process adherence. City of Edmonds, WA Tyler Technologies, Inc. Page / 12 Packet Pg. 337 Part 3: Project Plan 6. Project Stages Work Breakdown Structure The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called "Stages" and the second level components are called "Work Packages". The work packages, shown below each stage, contain the high-level work to be done. The detailed Project Schedule, developed during Project/Phase Planning and finalized during subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a "Control Point", confirming the work performed during that stage of the Project has been accepted by the City. Work Breakdown Structure (WBS) 1.1 Initial 2.1 Solution 3.1 Initial System Coordination Orientation Deployment 1.2 Project/Phase 2.2 Current & Future Planning State Analysis 3.2 Configuration 1.3 GIS Planning* 1.4 Infrastructure Planning 1.5 Stakeholder Meeting 2.3 Modification 3.3 Process Analysis Refinement 2.4 Conversion 3.4 Conversion Assessment Delivery 2.5 Data Assessment 3.5 Data Delivery 3.6 Modifications* 4.1 Solution 5.1 Go Live 6.1 Phase Close Validation Out 4.2 Go Live 5.2 Transition to 6.2 Project Close Readiness Client Services Out 4.3 End User 5.3 Post Go Live Training Activities */terns noted with an asterisk in thegraphic above relate to specific products and services. If those products and services are not included in the scope of the contract, these specific workpackages willbe notedas "Intentionally Left Blank"in Section 6 of the Statement of Work. 0 w L _ O U (L w N W N to O _ CU L C U) O O U) Q Vi C O E w C d E t t� r Q City of Edmonds, WA Tyler Technologies, Inc. Page / 13 Packet Pg. 338 6.1 Initiate and Plan The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a foundation for the Project by identifying and establishing sequence and timing for each Phase as well as verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique items being repeated for the additional Phases as needed. 6.1.1 Initial Coordination Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources will be assigned later in the Project as a Project schedule is developed. Tyler provides the City with initial Project documents used to gather names of key personnel, their functional role as it pertains to the Project, = as well as any blackout dates to consider for future planning. the City gathers the information requested by the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project 0 forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the City's team. During this step, Tyler will work with the City to establish the date(s) for the Project and Phase Planning session. 0 0 Objectives: w ■ Formally launch the project. ■ Establish project governance. ■ Define and communicate governance for Tyler. ■ Identify City project team. STAGE 1 Initial Coordination Tyler City RACI MATRIX KEY: R = Responsible o A = Accountable73 J C = Consulted � cu C N v L Q) I = Informed v O a, ate-+ a, Q W C O bA C O rdj U 'L cn O vl ro r6 j co Q O _ cn V L > O m J ro ro ro C 73 4J 2 N 4J v W ro ca C N a-+ 73 dA z � '�..� W E i N u C v Q Q E a--� O ccx u N 4J N O C ro O- U W u- U n W Tyler project team is assigned A R C I I I I I I City project team is assigned A I R I I I Provide initial project A R C C I I documents to the City Gather preliminary information I A R C C C C requested Sales to implementation knowledge transfer A R I I I I I Create Project Portal to store project artifacts and facilitate A R I communication City of Edmonds, WA Tyler Technologies, Inc. Inputs Contract documents Statement of Work Outputs/Deliverables Working initial project documents Project portal Work package assumptions: ■ Project activities begin after the agreement has been fully executed. 6.1.2 Project/Phase Planning Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify applications to implement in each Phase (if applicable), and discuss implementation timeframes. During this work package Tyler will work with the City to coordinate and plan a formal Project planning meeting(s). This meeting signifies the start of the Project and should be attended by all City Project team members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to introduce its implementation methodology, terminology, and Project management best practices to the City's Project Team. This will also present an opportunity for project managers and Project sponsors to begin to discuss Project communication, metrics, status reporting and tools to be used to measure Project progress and manage change. Tyler will work with the City Project Team to prepare and deliver the Project Management Plan as an output of the planning meeting. This plan will continue to evolve and grow as the Project progresses and will describe how the project will be executed, monitored, and controlled. During project planning, Tyler will introduce the tools that will be used throughout the implementation. Tyler will familiarize the City with these tools during project planning and make them available for review and maintenance as applicable throughout the project. Some examples are Solution validation plan, issue log, and go -live checklist. STAGE 1 Project/Phase Planning Tyler City RACI MATRIX KEY: v R = Responsible o A =Accountable J C = Consulted I = Informed a`, c O v U L v a1 +, c aJ N O X -a bA c O L h0 O L cn U > O [Z O �+ L dA In o 40 ca w aJ f0 2 _0 C O L cn v V cn O J to co > + a! E a! = Q X " ca V a) N > +, 4.0 c o v 2 E N u D a V v 0 N Q w S° p c u + v aa)i v U v 0 + c c N L ca cL a c u X w E L a E v — U X w cn L w U D cn v c w aI Schedule and conduct planning A R I C C I session(s) City of Edmonds, WA Tyler Technologies, Inc. Page / 15 Packet Pg. 340 9.4.a Develop Project A R I C C I Management Plan Develop initial R I I I I I C C I I C project schedule Inputs Contract documents Statement of Work Guide to Starting Your Project Outputs / Deliverables Acceptance Criteria [only] for Deliverables Project Management Plan Delivery of document Project Operational Plan Delivery of document Initial Project Schedule City provides acceptance of schedule based on resource availability, project budget, and goals. Work package assumptions: ■ City has reviewed and completed the Guide to Starting Your Project document 6.1.3 Infrastructure Planning Procuring required hardware and setting it up properly is a critical part of a successful implementation. This task is especially important for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. Tyler will install Licensed Software on application server(s) or train the City to install License Software. The City is responsible for the installation and setup of all peripheral devices. Objectives: ■ Ensure the City's infrastructure meets Tyler's application requirements. ■ Ensure the City's infrastructure is scheduled to be in place and available for use on time. STAGE 1 Infrastructure Planning Tyler City RACI MATRIX KEY: R = Responsible A = Accountable ro a, v C = Consulted iv U0 U v L O Ew CL 0 I= Informed o W o •++ N > InE O U0 ro W °1 (O + c6 m C (6 c6 a—+ v U) N U Q V1 E (O (6 J > 41 E �., 41 E Q X .0 c6 U (O U i N cn > U h0 C a--' 76 O 41 U E N V_ �, D Q U N .0 Q W +�.+ `.� �O C U +� N +.+ � N v U a1 0 a-+ U C pp C m v -0 i' c6 fl- -6 C V X w E. L a E. � .— U X w — v) L a D u- � U � L 4% C w N Provide Infrastructure Requirements and A R C C I I Design Document Initial Infrastructure A R C C C ��l C Meeting City of Edmonds, WA Tyler Technologies, Inc. Page 16 Packet Pg. 341 9.4.a Schedule SaaS Environment A R C I Availability Schedule Installation of All Licensed A R C I I Software Infrastructure Audit A R C I C Inputs I Initial Infrastructure Requirements Outputs / Deliverables Acceptance Criteria [only] for Deliverables Completed Infrastructure Requirements Delivery of Requirements Infrastructure Audit System Passes Audit Criteria 6.1.4 Stakeholder Meeting Communication of the Project planning outcomes to the City Project team, executives and other key stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage, gain commitment, and instill confidence in the City team. During the meeting, the goals and objectives of the Project will be reviewed along with detail on Project scope, implementation methodology, roles and responsibilities, Project timeline and schedule, and keys to Project success. Objectives: ■ Formally present and communicate the project activities and timeline. ■ Communicate project expectations. STAGE 1 Stakeholder Meeting Tyler City RACI MATRIX KEY: L a) R = Responsible A = Accountable a) J o C = Consulted M 73 Vl N L I = Informed v ° a a) C O 4.0 O cn .� cn O E: bA ca v fD W N m ) O cn .L O ra ncc3 J co co c 31 j a) G a) Q m _ ca a) > G C cc G cc G _ (o 73 v Q U � Q W p V a-+ a) a-+ 73 a) -EV (UO C l].0 m V i -0 C V W E d E 0 cc G U W (n d U- U cn W Create Stakeholder I A R I I I C I Meeting Presentation Review Stakeholder Meeting Presentation I C A R C Perform Stakeholder Meeting Presentation I A R I I I I C I I I I I I Inputs City of Edmonds, WA Tyler Technologies, Inc. Agreement Sow 0 w L c 0 U IL W w Page / 17 Packet Pg. 342 9.4.a Project Management Plan Outputs / Deliverables Acceptance Criteria [only] for Deliverables Stakeholder Meeting Presentation Work package assumptions: • None 6.1.5 Intentionally left blank. 6.1.6 Control Point 1: Initiate & Plan Stage Acceptance Acceptance criteria for this stage includes completion of all criteria listed below. Note: Advancement to the Assess & Define stage is not dependent upon Tyler's receipt of this stage acceptance. Initiate & Plan Stage Deliverables: ■ Project Management Plan ■ Initial Project Schedule Initiate & Plan stage acceptance criteria: ■ All stage deliverables accepted based on acceptance criteria previously defined ■ Project governance defined ■ Project portal made available to the City ■ Stakeholder meeting complete 6.2 Assess & Define The Assess & Define stage will provide an opportunity to gather information related to current City business processes. This information will be used to identify and define business processes utilized with Tyler software The City collaborates with Tyler providing complete and accurate information to Tyler staff and assisting in analysis, understanding current workflows and business processes. 6.2.1 Solution Orientation The Solution Orientation provides the Project stakeholders a high-level understanding of the solution functionality prior to beginning the current and future state analysis. The primary goal is to establish a foundation for upcoming conversations regarding the design and configuration of the solution. Tyler utilizes a variety of tools for the Solution Orientation, focusing on City team knowledge transfer such as: eLearning, documentation, or walkthroughs. The City team will gain a better understanding of the major processes and focus on data flow, the connection between configuration options and outcome, integration, and terminology that may be unique to Tyler's solution. Objectives: _ 0 w w 0 U a w City of Edmonds, WA Tyler Technologies, Inc. Page / 18 Packet Pg. 343 9.4.a ■ Provide a basic understanding of system functionality. ■ Prepare the City for current and future state analysis. STAGE 2 Solution Orientation Tyler City RACI MATRIX KEY: R = Responsible o A = Accountable ° v C = Consulted I =Informed � C O U U U L N O C N E 4J Q X 0 -6 bA Cc0 L v O i V N N U u) O Ln C O f, E L dD � w 2)O -66''Z u) i C O ci V Ln E O v J m m > 0! 41 Q c�a r0 0J > W N m C Q U v 0 Q W ate-+ `.- Q C V +-+ U1 C 0) N U N O +� V C C m u (0 fl- C U X w E L a E (O a) U X w +� V) L d C w L U C cn 0 C w V Provide pre -requisites A R I I I I I Complete pre -requisites A R C C Conduct orientation A R I I I I I Inputs Solution orientation materials Training Plan 6.2.2 Current & Future State Analysis The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process changes that will be achieved with the new system. The City and Tyler will evaluate current state processes, options within the new software, pros and cons of each based on current or desired state and make decisions about the future state configuration and processing. This may occur before or within the same timeframe as the configuration work package. The options within the new software will be limited to the scope of this implementation and will make use of standard Tyler functionality. The City will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk from over customization of Tyler products. It is the City's responsibility to verify that in -scope requirements are being met throughout the implementation if functional requirements are defined as part of the contract. The following guidelines will be followed when evaluating if a modification to the product is required: ■ A reasonable business process change is available. ■ Functionality exists which satisfies the requirement. ■ Configuration of the application satisfies the requirement. ■ An in -scope modification satisfies the requirement. Requirements that are not met will follow the agreed upon change control process and can have impacts on the project schedule, scope, budget, and resource availability. STAGE 2 Current & Future State Analysis Tyler I City ,a n City of Edmonds, WA Tyler Technologies, Inc. Page / 19 Packet Pg. 344 9.4.a RACI MATRIX KEY: L R = Responsible ) A = Accountable a) J o C = Consulted M � Vl N L I = Informed a O E ° U N j v a °1 x 6 C O 4.0 O cn U OE O _ Q1 fD W 2 = O cn O �p J co co c > N N Q .— _ F L N > W O E: 4D _ j E v y_. Fz N x W V !L �O U C N a-+ .— 73 .E �-.+ N O N W a-+ U C O_� E Q E 0 c U N 4J N O C c6 fl- U W d G U W V) d u_ U (n W Current State process A R I I I C C C C C review Discuss future -state A R C C C C C C C C options Make future -state decisions (non -COTS) C C C C C A R I C C Document anticipated configuration options required to support A R C C C I I I I I future state Inputs City current state documentation Solution Orientation completion Outputs / Acceptance Criteria [only] for Deliverables Deliverables Documentation that describes future -state Delivery of document decisions and configuration options to support future -state decisions. Work package assumptions: ■ City attendees possess sufficient knowledge and authority to make future state decisions. ■ The City is responsible for any documentation of current state business processes. ■ The City can effectively communicate current state processes. 6.2.3 Data Assessment Given the completion of the Current & Future State Analysis, the Data Assessment will provide the implementation team the design for data delivery prior to configuration. The data Assessment will also allow the Tyler and the City teams to identify the data that will be configured within the Tyler System. The team will develop and map out dataset structures to ensure that data is structured in a way that allows maximum utility. The teams will review any existing data publish and metadata standards for the City's current data program to determine any necessary adjustments or configuration needs. Finally, the implementation team develops data workflows to map data from the source system(s) into the Tyler system, discussing any additional data requirements as needed. Objectives: City of Edmonds, WA Tyler Technologies, Inc. 0 v w L c 0 U a LU Page / 20 Packet Pg. 345 ■ Communicate a common understanding of the project goals with respect to data. ■ Ensure complete and accurate source data is available for review/transfer. ■ If source data is a Tyler legacy system, Tyler performs the data mappings. If source data is from a third -party, client is responsible for mapping the data from the source to the Tyler system. ■ Document the data conversion/loading approach. STAGE 2 Data Conversion Assessment Tyler City RACI MATRIX KEY: Lv R = Responsible o A = Accountable T M a C = Consulted In I = Informed v c O U v U L v c v F Q x 0 -O OA C 0 O L h0 0 O i v) v U 1 O F L dA � c0 w __ -6 O v) Q) U Ln O (6 v J co ro c (O > N N Q N > h0 E Q) D v Q U '0 Q Lu +�-+ `- p D Q) U N +. U C10 C N ca fl-O u C U X Lu c6 X C Lu NC Extract Data from Source I C A R Systems Complete Data Analysis/Mapping A R C C I C C I Review and Scrub Source I I I A R C I Data Build/Update Data Conversion Plan R C C C I I Inputs City Source data City Source data Documentation (if available) Outputs / Acceptance Criteria [only] for Deliverables Deliverables Data Conversion Plan built/updated (if City Acceptance of Data Conversion Plan, if applicable} Applicable City acceptance of Solution Design Document Work package assumptions: ■ If the source data is a Tyler system Tyler's Conversion Engineers extract and map the data into the standard Munis conversion format. If the source data is from a third -party the client will provide Tyler with the data in a mutually agreed upon format. ■ Tyler will work with the City representatives to identify business rules before writing the conversion. ■ City subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort. City of Edmonds, WA Tyler Technologies, Inc. Page / 21 Packet Pg. 346 6.2.4 Conversion Assessment Data Conversions are a major effort in any software implementation. Tyler's conversion tools facilitate the predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler system. The first step in this process is to perform an assessment of the existing ("legacy") system(s), to better understand the source data, risks, and options available. Once the data has been analyzed, the plan for data conversion is completed and communicated to the appropriate stakeholders. Objectives: ■ Communicate a common understanding of the project goals with respect to data. ■ Ensure complete and accurate source data is available for review/transfer. ■ Map the data from the source to the Tyler system. ■ Document the data conversion/loading approach. STAGE 2 Data Conversion Assessment Tyler City RACI MATRIX KEY: L R = Responsible a, o A =Accountable° J C = Consulted I = Informed v O U Q) a) a) a, V) uU C O bU0 O N a) cn O _ s= 40.0 cn c�a co w N rya 2 m O _ cn Q O J ra co c a co QD � 3j Lcco a >_ cc 73 U x a 73 Uu U o a) U a) U c aj 0- a) j c � u d UW W (n d W U (n M W Extract Data from I C A R Source Systems Review and Scrub I I I A R C I Source Data Build/Update Data R C C C I I I Conversion Plan Inputs City Source data City Source data Documentation (if available) Outputs / Acceptance Criteria [only] for Deliverables Deliverables Data Conversion Plan built/updated City Acceptance of Data Conversion Plan, if Applicable Work package assumptions: ■ Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format. ■ Tyler will work with the City representatives to identify business rules before writing the conversion. ■ City subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort. City of Edmonds, WA Tyler Technologies, Inc. 0 w r _ 0 U a w Page / 22 Packet Pg. 347 6.2.5 Intentionally left blank. 6.2.6 Intentionally left blank. 6.2.7 Control Point 2: Assess & Define Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Note: Advancement to the Prepare Solution Stage is dependent upon Tyler's receipt of the Stage Acceptance. Assess & Define Stage Deliverables: ■ Documentation of future state decisions and configuration options to support future state decisions ■ Modification specification document. ■ Assess & Define Stage Acceptance Criteria: ■ All stage deliverables accepted based on criteria previously defined. ■ Solution Orientation is delivered. ■ Conversion data extracts are received by Tyler. ■ Data conversion plan built. 6.3 Prepare Solution During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages will be used to install and configure the Tyler software solution. Software configuration will be validated by the City against future state decisions defined in previous stages and processes refined as needed to ensure business requirements are met. 6.3.1 Initial System Deployment The timely availability of the Tyler Solution is important to a successful Project implementation. The success and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler Licensed Software on an approved network and infrastructure. Delays in executing this work package can affect the project schedule. Objectives: ■ All licensed software is installed and operational. ■ The City can access the software. STAGE 3 Initial System Deployment (Hosted/SaaS)* Tyl City City of Edmonds, WA Tyler Technologies, Inc. Page / 23 Packet Pg. 348 9.4.a t RACI MATRIX KEY: L R = Responsible o A = Accountable Q) J C = Consulted � VI In � L I= Informed v O v °1 Q) Q Ln C O h0 O N '� cn C O s= bA «3 o v ) j C M Q O — M cn _ U L O Cz —J ca ro C _ a)QJ a.., X U c6 U a)> N .— dA a-, � O 41 ++ E N U N O_ O cL O U a)N N O CM Q _0 U W E d 0 cc G U LJJ Ln 0-U-U V) L U Prepare hosted 0 A R I C environment Install Licensed Software with Initial Database on Server(s) for A R I C Included Environments Install Licensed Software on City Devices (if I C A R applicable) Tyler System Administration Training (if A R I C applicable) Outputs / Deliverables Acceptance Criteria [only] for Deliverables Licensed Software is Installed on the Server(s) Software is accessible Licensed Software is Installed on City Devices (if applicable) Software is accessible Installation Checklist/System Document System meets prescribed checklist Infrastructure Design Document (C&J — If Applicable) Work package assumptions: ■ The most current available version of the Tyler Licensed Software will be installed. ■ The City will provide network access for Tyler modules, printers, and Internet access to all applicable City and Tyler Project staff. 6.3.2 Configuration The purpose of Configuration is to prepare the software product for validation. Tyler staff collaborates with the City to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. The City collaborates with Tyler staff iteratively to validate software configuration. City of Edmonds, WA Tyler Technologies, Inc. Page / 24 Packet Pg. 349 Objectives: Software is ready for validation. Educate the City Power User how to configure and maintain software. Prepare standard interfaces for process validation (if applicable). STAGE 3 Configuration Tyler City RACI MATRIX KEY: v R = Responsible o A = Accountable ° J C = Consulted c a) c I =Informed bb L O U U > Q) L O a) O N fl- X -6 C O Q) h0 O U N U — CQ) 0 i= dD(IDa)J U c w -6 (0 .0 (1) V1 U Q V1 U cns F (cc0 G (cc6 G U Q) J > Q) Q) Q (0 (0 W > bA G C E Q) (0 Q� Q) Q U Q) Q) N Ql p U C C (0 (0 fl- -0 U X w E L a (0 U X w �, V) L a C w L U V) C w Q! Conduct configuration training A R I C C Complete Tyler configuration tasks A R I I I (where applicable) Complete City configuration tasks I C A R C (where applicable) Standard interfaces configuration and A R C I C C C training (if applicable) Updates to Solution C C A R C C Validation testing plan Inputs Documentation that describes future state decisions and configuration options to support future state decisions. Outputs / Deliverables Acceptance Criteria [only] for Deliverables Configured System Work package assumptions: ■ Tyler provides guidance for configuration options available within the Tyler software. The City is responsible for making decisions when multiple options are available. 6.3.3 Process Refinement Tyler will educate the City users on how to execute processes in the system to prepare them for the validation of the software. The City collaborates with Tyler staff iteratively to validate software configuration options to support future state. City of Edmonds, WA Tyler Technologies, Inc. Page / 25 Packet Pg. 350 9.4.a Objectives: • Ensure that the City understands future state processes and how to execute the processes in the software. ■ Refine each process to meet the business requirements. ■ Validate standard interfaces, where applicable. ■ Validate forms and reports, where applicable. STAGE 3 Process Refinement Tyler City RACI MATRIX KEY: v R = Responsible o A = Accountable v a C = Consulted I = Informed v c0 C o U U > i L O a1 a, C v E N x -6 4.0 C ro O L on O cn N L O E ca N 2 G (0 C C c0 C0 N cn U i fl- cn U J ccc0 c0 J . ++ O v U Lc0 UC Q U v w � O U C D U p — U C C -0 -6 U X w a .N U X w cn C u_ L U 7 v) N C w N Conduct process A R I C I C training Confirm process I C A R C I C decisions Test configuration I C A R C Refine configuration (City I C A R C Responsible) Refine configuration (Tyler A R I I I Responsible) Validate interface I C C A R C C process and results Update City - specific process I C A R C documentation (if applicable) Updates to Solution Validation C C A R C C testing plan Inputs Initial Configuration Documentation that describes future state decisions and configuration options to support future state decisions. Solution validation test plan Outputs / Acceptance Criteria [only] for Deliverables Deliverables Updated solution validation test plan Completed City -specific process documentation (completed by City) City of Edmonds, WA Tyler Technologies, Inc. Page / 26 Packet Pg. 351 Work package assumptions: ■ None 6.3.4 Conversion Delivery The purpose of this task is to transition the City's data from their source ("legacy') system(s) to the Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A well - executed data conversion is key to a successful cutover to the new system(s). With guidance from Tyler, the City will review specific data elements within the system and identify / report discrepancies. Iteratively, Tyler will collaborate with the City to address conversion discrepancies. This process will allow for clean, reconciled data to transfer from the source system(s) to the Tyler system(s). Reference Conversion Appendix for additional detail. Load Data for Testing Pull Data & Write & Run Conversion Conversion Map Validate Final Balancing Conversion Conversion Reviews Program Data Completed Conversion Reports Report & Correct Errors Objectives: ■ Data is ready for production (Conversion). STAGE 3 Data Delivery & Conversion Tyler City RACI MATRIX v KEY: -0 a R = Responsible ° ) A = Accountable C=Consulted i O UU a +; E x -0 I= Informed cm o o U > O OD LU a = a + M o F + Q O cn t0 0) U Q E O co N J co ca c o > N N M > +3 OA C F U E � � 73 Q U .Q Q W a�-� � U �, N U 0) p C bA (O Q) i M c, C U W D cc G U W (j U- U (n W Provide data crosswalks/code A C R I mapping tool ,a reld Tr City of Edmonds, WA Tyler Technologies, Inc. Page / 27 Packet Pg. 352 9.4.a Populate data crosswalks/code I C C A R C mapping tool Iterations: Conversion A C R I I Development Iterations: Deliver A R I I I converted data Iterations: Proof/Review data and C C C A R C C reconcile to source system Inputs Data Conversion Plan Configuration Outputs / Acceptance Criteria [only] for Deliverables Deliverables Code Mapping Complete / Validated Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for final pass Work package assumptions: ■ The City will provide a single file layout per source system as identified in the investment summary. ■ The City subject matter experts and resources most familiar with the current data will be involved in the data conversion effort. ■ The City project team will be responsible for completing the code mapping activity, with assistance from Tyler. 6.3.5 Intentionally left blank. 6.3.6 Intentionally left blank. 6.3.7 Control Point 3: Prepare Solution Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below in each Work Package. Note: Advancement to the Production Readiness Stage is dependent upon Tyler's receipt of the Stage Acceptance. Prepare Solution Stage Deliverables: ■ Licensed software is installed. ■ Installation checklist/system document. ■ Conversion iterations and reviews complete. Prepare Solution Stage Acceptance Criteria: City of Edmonds, WA Tyler Technologies, Inc. Page / 28 Packet Pg. 353 ■ All stage deliverables accepted based on criteria previously defined. ■ Software is configured. ■ Solution validation test plan has been reviewed and updated if needed. 6.4 Production Readiness Activities in the Production Readiness stage will prepare the City team for go -live through solution validation, the development of a detailed go -live plan and end user training. A readiness assessment will be conducted with the City to review the status of the project and the organizations readiness for go -live. 6.4.1 Solution Validation Solution Validation is the end -to -end software testing activity to ensure that the City verifies all aspects of the Project (hardware, configuration, business processes, etc.) are functioning properly, and validates that all features and functions per the contract have been deployed for system use. Objectives: ■ Validate that the solution performs as indicated in the solution validation plan. ■ Ensure the City organization is ready to move forward with go -live and training (if applicable). STAGE 4 Solution Validation Tyler City RACI MATRIX KEY: Lv R = Responsible o A = Accountable T v C = Consulted In InformedL C O W U O v NI= -_0 OCcaA •+ L v on C N Nj U O EW nro ca v -6O ro + c O va1� N U O J to ,XQ� ro c o > } v E } v E 0 X o U r U v cn > + ao � +� O v E i v N 6 U v U Q U v •0 Q Lu +�-+ `� p C U +-+ N W v U N p +� U c t1.0 C to N (6 fl- u 'O C U X w E L a E � .- U X w }, cn L LL U v) v c Lu v Update Solution Validation plan A R C C C C Update test scripts (as applicable) C C C A R C Perform testing C C C A R C Document issues from C C C A R C testing Perform required follow- A R C C C C up on issues Inputs Solution Validation plan Completed work product from prior stages (configuration, business process, etc.) Outputs / Deliverables Acceptance Criteria [only] for Deliverables Solution Validation Report City updates report with testing results City of Edmonds, WA Tyler Technologies, Inc. Page / 29 Packet Pg. 354 Work package assumptions: • Designated testing environment has been established. ■ Testing includes current phase activities or deliverables only. 6.4.2 Go -Live Readiness Tyler and the City will ensure that all requirements defined in Project planning have been completed and the Go -Live event can occur, as planned. A go -live readiness assessment will be completed identifying risks or actions items to be addressed to ensure the City has considered its ability to successfully Go -Live. Issues and concerns will be discussed, and mitigation options documented. Tyler and the City will jointly agree to move forward with transition to production. Expectations for final preparation and critical dates for the weeks leading into and during the Go -Live week will be planned in detail and communicated to Project teams. Objectives: ■ Action plan for go -live established. ■ Assess go -live readiness. • Stakeholders informed of go -live activities. STAGE 4 Go -Live Readiness Tyler City RACI MATRIX KEY: v R = Responsible o A =Accountable J C = Consulted c I = Informed v C O U U U �, L O N N C E Q x X � -6 C10 C 0 O i N 0 O '++ ) N v U i 1z O •+�_-+ E i dA u) f0 10LO (0 W N -6 (0 ++ (0 M ��.. O N U U c/1 E O (0 v J Cz t0 ca > + v E v E a X o U M U v v, > +, on C O v E L v ns U Q U N � U Q W +M.+ `,ti C U a--+ 4J I N N U N O a-+ U C hp C CO 0 fl- -6 C V X W E d E v . U X W a-+ (n i d L.L L U � (n N C W N Perform Readiness Assessment I A R C C I C I I I I I I Conduct Go -Live planning A R C C C C C C C session Order peripheral hardware (if applicable) IN I A R C Confirm procedures for Go -Live issue reporting & A R I I I I C C I I I I I resolution Develop Go -Live checklist A R C C C C I C C Final system infrastructure review A R C C (where applicable) Inputs Future state decisions Go -live checklist Outputs / Deliverables City of Edmonds, WA Tyler Technologies, Inc. Acceptance Criteria [only] for Deliverables Page / 30 Packet Pg. 355 Updated go -live checklist Updated Action plan and Checklist for go -live delivered to the City Work package assumptions: ■ None 6.4.3 End User Training End User Training is a critical part of any successful software implementation. Using a training plan previously reviewed and approved, the Project team will organize and initiate the training activities. Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be contracted at the applicable rates for training. Tyler will provide standard application documentation for the general use of the software. It is not Tyler's responsibility to develop City specific business process documentation. City -led training labs using City specific business process documentation if created by the City can be added to the regular training curriculum, enhancing the training experiences of the end users. Objectives: ■ End users are trained on how to use the software prior to go -live. ■ The City is prepared for on -going training and support of the application. STAGE End User Training Tyler City RACI MATRIX KEY: R = Responsible o A = Accountable T v C = Consulted In I =Informed v ° U v `U L O v a, °J a, O- x -p 4.0 C 0 O L h0 0 O i' N OJ U j � N 0 L dA ,n f0 w -6 f0 c0 J j 4J N Q m (0 N Qj > U h0 u E a1 U)N 70 v N Q U v '0 N Q w +�-+ `,� p C U a-+ N 01 v U N p +.r U c 4.0 C t0 - (0 Q � _0 C V X w L a ._ U X w a--� V) L w U M v) C w N Update training plan A R C C I C End User training (Tyler- led) A R C C C I C C C Train -the -trainer A R C C C I C End User training (City- led) C C A R I C C C Inputs Training Plan List of End Users and their Roles / Job Duties Configured Tyler System Outputs / Deliverables Acceptance Criteria [only] for Deliverables End User Training City signoff that training was delivered City of Edmonds, WA Tyler Technologies, Inc. Page / 31 Packet Pg. 356 Work package assumptions: ■ The City project team will work with Tyler to jointly develop a training curriculum that identifies the size, makeup, and subject -area of each of the training classes. ■ Tyler will work with the City as much as possible to provide end -user training in a manner that minimizes the impact to the daily operations of City departments. ■ The City will be responsible for training new users after go -live (exception —previously planned or regular training offerings by Tyler). 6.4.4 Control Point 4: Production Readiness Stage Acceptance Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage is dependent upon Tyler's receipt of the stage acceptance. Production Readiness stage deliverables: Solution Validation Report. Update go -live action plan and/or checklist. End user training. Production Readiness stage acceptance criteria: All stage deliverables accepted based on criteria previously defined. Go -Live planning session conducted. 6.5 Production Following end user training the production system will be fully enabled and made ready for daily operational use as of the scheduled date. Tyler and the City will follow the comprehensive action plan laid out during Go - Live Readiness to support go -live activities and minimize risk to the Project during go -live. Following go -live, Tyler will work with the City to verify that implementation work is concluded, post go -live activities are scheduled, and the transition to Client Services is complete for long-term operations and maintenance of the Tyler software. 6.5.1 Go -Live Following the action plan for Go -Live, defined in the Production Readiness stage, the City and Tyler will complete work assigned to prepare for Go -Live. The City provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final conversion iteration, if applicable. If defined in the action plan, the City manually enters any data added to the Legacy System after final data extract into the Tyler system. Tyler staff collaborates with the City during Go -Live activities. The City transitions to Tyler software for day -to day business processing. Some training topics are better addressed following Go -Live when additional data is available in the system or based on timing of applicable business processes and will be scheduled following Go -Live per the Project Schedule. City of Edmonds, WA Tyler Technologies, Inc. Page / 32 Packet Pg. 357 Objectives: Execute day to day processing in Tyler software. - City data available in Production environment. STAGE 5 Go -Live Tyler City RACI MATRIX KEY: `v R = Responsible o A = Accountable T M a C = Consulted In c U O0 a, U v c a1I=Informed xQ 0 -O OcA 0i O O aJ Fv) L dA u) CO wro "6 O v) u O J co ro c > .Z a! E �, a! E 0 X U fB U v Ln > "Z O — c O cc G (U E i ( N (O U_ D Q U v 0 Q Lu `- �O u c v D v (U U v 'p +. U c C10 c CO N ca fl- -p C u X w a m a) .— U X w LO L c w t U z3 n v c w v Provide final source data extract, if applicable C C A R Final source data pushed into production environment, if A C R I C C C applicable Proof final converted data, if applicable C C C A R C Complete Go -Live activities as defined in C C C A R C I C the Go -Live action plan Provide Go -Live 7 A R L C C I C C � C C assistance Inputs Comprehensive Action Plan for Go -Live Final source data (if applicable) Outputs / Acceptance Criteria [only] for Deliverables Deliverables Data is available in production environment City confirms data is available in production environment Work package assumptions: ■ The City will complete activities documented in the action plan for Go -Live as scheduled. ■ External stakeholders will be available to assist in supporting the interfaces associated with the Go - Live live process. ■ The City business processes required for Go -Live are fully documented and tested. ■ The City Project team and subject matter experts are the primary point of contact for the end users when reporting issues during Go -Live. ■ The City Project Team and Power User's provide business process context to the end users during Go - Live. ■ The Tyler Go -Live support team is available to consult with the City teams as necessary. City of Edmonds, WA Tyler Technologies, Inc. Page / 33 Packet Pg. 358 ■ The Tyler Go -Live support team provides standard functionality responses, which may not be tailored to the local business processes 6.5.2 Transition to Client Services This work package signals the conclusion of implementation activities for the Phase or Project with the exception of agreed -upon post Go -Live activities. The Tyler project manager(s) schedules a formal transition of the City onto the Tyler Client Services team, who provides the City with assistance following Go -Live, officially transitioning the City to operations and maintenance. Objectives: ■ Ensure no critical issues remain for the project teams to resolve. • Confirm proper knowledge transfer to the City teams for key processes and subject areas. STAGE 5 Transition to Client Services Tyler City RACI MATRIX KEY: v R = Responsible o A = Accountable T M C = Consulted In C O U Q) U v vI=Informed xQ 0 '6 OCA 0i O n)> v U u) f0 W -6 i O N U cn O J to c0 > }, N �, N Q X U U N Ln > "Z h0 +� O v E Q) N ) V v N Q '0 Q) Q w p •� U +� N v v N •p 'U c OA co N -0 i fl- _0 •C V w a U w ci ui U v) w Transfer City to Client Services and review issue reporting and I I A I I R I I C C C resolution processes Review long term maintenance and A R C C C continuous improvement IN Inputs I Open item/issues List Outputs / Deliverables Acceptance Criteria [only] for Deliverables Client Services Support Document Work package assumptions: • No material project issues remain without assignment and plan. City of Edmonds, WA Tyler Technologies, Inc. 0 w r c 0 U a w Page / 34 Packet Pg. 359 6.5.3 Post Go -Live Activities Some implementation activities are provided post -production due to the timing of business processes, the requirement of actual production data to complete the activities, or the requirement of the system being used in a live production state. Objectives: ■ Schedule activities that are planned for after Go -Live. ■ Ensure issues have been resolved or are planned for resolution before phase or project close. STAGE 5 Post Go -Live Activities Tyler City RACI MATRIX KEY: L a) R = Responsible A = Accountable Q) J o C = Consulted I = Informed v ° a a) C O lao O to >cn O >= CLO ccu N n N 2 _0 O ro O cn uLn .L O n3 � ncc3 c�a coo c Q) > a) G v Q x (�6 V c6 U a) v) > — on G +� C a) cm G v _ m U 73 v Q U � Q W 0 ua! a-+ a--� aJ V p _O C l].0 ca V i Q C U W E d o cc G U W L d u_ U (n W a) Schedule contracted activities that are planned for delivery A R C C C C I C C I C C after go -live Determine resolution plan in preparation for phase or project close A R C C C I C C I C out Inputs I List of post Go -Live activities Outputs / Acceptance Criteria [only] for Deliverables Deliverables Updated issues log Work package assumptions: ■ System is being used in a live production state. 6.5.4 Control Point 5: Production Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below: ■ Advancement to the Close stage is not dependent upon Tyler's receipt of this Stage Acceptance. ■ Converted data is available in production environment. Production Stage Acceptance Criteria: City of Edmonds, WA Tyler Technologies, Inc. Page / 35 Packet Pg. 360 ■ All stage deliverables accepted based on criteria previously defined. ■ Go -Live activities defined in the Go -Live action plan completed. ■ Client services support document is provided. 6.6 Close The Close stage signifies full implementation of all products purchased and encompassed in the Phase or Project. The City transitions to the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Client Services). 6.6.1 Phase Closeout This work package represents Phase completion and signals the conclusion of implementation activities for the Phase. The Tyler Client Services team will assume ongoing support of the City for systems implemented in the Phase. Objectives: ■ Agreement from Tyler and the City teams that activities within this phase are complete. STAGE 6 Phase Close Out Tyler City RACI MATRIX KEY: `v R = Responsible o A =Accountable T J C = Consulted I = Informed v c O U v U L v c v Q X 0 -O OA C 0 O i h0 0 O (n ) v U > � O E i dA u) CO W -6 c6 CO c6 J > N E }, N E Q X (o U f0 U N cn > U h0 � ++ O U1 U E v N U_ Q 4J 0 Q +�-+ �O U C N }, v v N p U C C CO i ca fl- -p U X w E L a E .— U X w a-+ Lo i u- L U 7 v) C Lu N Reconcile project budget and status of contract A R I I C Deliverables Hold post phase review A R C C C C C C C C C meeting Release phase - dependent Tyler project A R I I resources Participants Tyler City Project Leadership Project Manager Project Manager Project Sponsor(s) Implementation Consultants Functional Leads, Power Users, Technical Leads Technical Consultants (Conversion, Deployment, Development) Client Services City of Edmonds, WA Tyler Technologies, Inc. 0 w r L _ 0 U a w Page / 36 Packet Pg. 361 Inputs Contract Statement of Work Project artifacts Outputs / Deliverables Acceptance Criteria [only] for Deliverables Final action plan (for outstanding items) Reconciliation Report Post Phase Review Work package assumptions: ■ Tyler deliverables for the phase have been completed. 6.6.2 Project Closeout Completion of this work package signifies final acceptance and formal closing of the Project. At this time the City may choose to begin working with Client Services to look at continuous improvement Projects, building on the completed solution. Objectives: ■ Confirm no critical issues remain for the project teams to resolve. ■ Determine proper knowledge transfer to the City teams for key processes and subject areas has occurred. ■ Verify all deliverables included in the Agreement are delivered. STAGE 6 Project Close Out Tyler City RACI MATRIX KEY: R = Responsible o A = Accountable T v C = Consulted In I =Informed v ° v `U L v a, Q) a, C 0 O h0 0 O N U j U') N O dA f0 w -6 CL f0 c0 J > 4J E }, N E Q X m U (0 U O1 cn > }, U M cz ++ O N U E i (U N U_ v '0 m O N U v U Cf0 -0 C(0L -6C U XQ E a E U n ww N Conduct post project A R C C C C C C C C C review Deliver post project report to City and Tyler I A R I I C leadership Release Tyler project A R I I resources Inputs Contract Statement of Work City of Edmonds, WA Tyler Technologies, Inc. Page / 37 Packet Pg. 362 Outputs / Acceptance Criteria [only] for Deliverables Deliverables Post Project Report City acceptance; Completed report indicating all project Deliverables and milestones have been completed Work package assumptions: ■ All project implementation activities have been completed and approved. ■ No critical project issues remain that have not been documented and assigned. ■ Final project budget has been reconciled and invoiced. ■ All Tyler deliverables have been completed. 6.6.3 Control Point 6: Close Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Close Stage Deliverables: ■ Post Project Report. Close Stage Acceptance Criteria: ■ Completed report indicating all Project deliverables and milestones have been completed. 7. General Assumptions Tyler and the City will use this SOW as a guide for managing the implementation of the Tyler Project as provided and described in the Agreement. There are a few assumptions which, when acknowledged and adhered to, will support a successful implementation. Assumptions related to specific work packages are documented throughout the SOW. Included here are general assumptions which should be considered throughout the overall implementation process. 7.1 Project ■ Project activities will begin after the Agreement has been fully executed. ■ The City Project Team will complete their necessary assignments in a mutually agreed upon timeframe to meet the scheduled go -live date, as outlined in the Project Schedule. ■ Sessions will be scheduled and conducted at a mutually agreeable time. ■ Additional services, software modules and modifications not described in the SOW or Agreement will be considered a change to this Project and will require a Change Request Form as previously referenced in the definition of the Change Control Process. ■ Tyler will provide a written agenda and notice of any prerequisites to the City project manager(s) ten (10) business days or as otherwise mutually agreed upon time frame prior to any scheduled on -site or remote sessions, as applicable. ■ Tyler will provide guidance for configuration and processing options available within the Tyler software. If multiple options are presented by Tyler, the City is responsible for making decisions based on the options available. _ 3 0 3 w 0 U ,a n City of Edmonds, WA Tyler Technologies, Inc. Page / 38 Packet Pg. 363 ■ Implementation of new software may require changes to existing processes, both business and technical, requiring the City to make process changes. ■ The City is responsible for defining, documenting, and implementing their policies that result from any business process changes. 7.2 Organizational Change Management Unless otherwise contracted by Tyler, City is responsible for managing Organizational Change. Impacted City resources will need consistent coaching and reassurance from their leadership team to embrace and accept the changes being imposed by the move to new software. An important part of change is ensuring that impacted City resources understand the value of the change, and why they are being asked to change. 7.3 Resources and Scheduling ■ City resources will participate in scheduled activities as assigned in the Project Schedule. ■ The City team will complete prerequisites prior to applicable scheduled activities. Failure to do so may affect the schedule. ■ Tyler and the City will provide resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget. ■ Abbreviated timelines and overlapped Phases require sufficient resources to complete all required work as scheduled. ■ Changes to the Project Schedule, availability of resources or changes in Scope will be requested through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be assessed and documented as part of the change control process. ■ The City will ensure assigned resources will follow the change control process and possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, change control process buy -in, and knowledge. ■ The City makes timely Project related decisions to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Failure to do so may affect the schedule, as each analysis and implementation session is dependent on the decisions made in prior sessions. ■ The City will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule. ■ The City will provide adequate meeting space or facilities, including appropriate system connectivity, to the project teams including Tyler team members. ■ For on -site visits, Tyler will identify a travel schedule that balances the needs of the project and the employee. 7.4 Data ■ Data will be converted as provided and Tyler will not create data that does not exist. ■ The City is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy data. ■ Tyler will work closely with the City representatives to identify business rules before writing the conversion. The City must confirm that all known data mapping from source to target have been identified and documented before Tyler writes the conversion. ■ All in -scope source data is in data extract(s). ■ Each legacy system data file submitted for conversion includes all associated records in a single approved file layout. _ 0 3 w 0 U ,a n City of Edmonds, WA Tyler Technologies, Inc. Page / 39 Packet Pg. 364 ■ The City will provide the legacy system data extract in the same format for each iteration unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and resource availability may occur and/or data in the new system may be incorrect. ■ The City Project Team is responsible for reviewing the converted data and reporting issues during each iteration, with assistance from Tyler. ■ The City is responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.) 7.5 Facilities ■ The City will provide dedicated space for Tyler staff to work with City resources for both on -site and remote sessions. If Phases overlap, City will provide multiple training facilities to allow for _ independent sessions scheduling without conflict. _ ■ The City will provide staff with a location to practice what they have learned without distraction. 0 w r L " a w City of Edmonds, WA Tyler Technologies, Inc. Page / 40 Packet Pg. 365 8. Glossary .r. • or I erm�- Acceptance Confirming that the output or deliverable is suitable and conforms to the agreed upon criteria. Accountable The one who ultimately ensures a task or deliverable is completed; the one who ensures the prerequisites of the task are met and who delegates the work to those responsible. [Also see Application A computer program designed to perform a group of coordinated functions, tasks, or activities for the benefit of the user. Application Programming Interface (API) A defined set of tools/methods to pass data to and received data from Tyler software products Agreement This executed legal contract that defines the products and 0 services to be implemented or performed. The practices, policy, procedure, guidelines, or functionality that Business Process 0 the client uses to complete a specific job function. Business Requirements Document 0 A specification document used to describe Client requirements for contracted software modifications. a A form used as part of the Change Control process whereby Change Request w changes in the scope of work, timeline, resources, and/or budget are documented and agreed upon by participating parties. N Change Management 04 Guides how we prepare, equip and support individuals to At successfully adopt change in order to drive organizational success c & outcomes 0 0 Code Mapping [where applicable] An activity that occurs during the data conversion process i whereby users equate data (field level) values from the old system to the values available in the new system. These may be 2 one to one or many to one. Example: Old System [Field = eye co color] [values = BL, Blu, Blue] maps to New Tyler System [Field = co Eye Color] [value = Blue]. < Consulted Those whose opinions are sought, typically subject matter experts, and with whom there is two-way communication. [Also see RACI] This activity occurs at the end of each stage and serves as a 0 '0 Control Point formal and intentional opportunity to review stage deliverables W and required acceptance criteria for the stage have been met. Data Mapping [where applicable] The activity determining and documenting where data from the E legacy system will be placed in the new system; this typically involves prior data analysis to understand how the data is Q currently used in the legacy system and how it will be used in the new system. Deliverable A verifiable document or service produced as part of the Project, as defined in the work packages. Go -Live The point in time when the Client is using the Tyler software to conduct daily operations in Production. Informed Those who are kept up-to-date on progress, often only on completion of the task or deliverable, and with whom there is just one-way communication. [Also see RACI] City of Edmonds, WA Tyler Technologies, Inc. Page / 41 Packet Pg. 366 Infrastructure The composite hardware, network resources and services required for the existence, operation, and management of the Tyler software. Interface A connection to and potential exchange of data with an external system or application. Interfaces may be one way, with data leaving the Tyler system to another system or data entering Tyler from another system, or they may be bi-directional with data both leaving and entering Tyler and another system. Integration A standard exchange or sharing of common data within the Tyler system or between Tyler applications Legacy System The software from which a client is converting. Modification Custom enhancement of Tyler's existing software to provide features or functions to meet individual client requirements documented within the scope of the Agreement. On -site Indicates the work location is at one or more of the client's physical office or work environments. Organizational Change The process of changing an organization's strategies, processes, procedures, technologies, and culture, as well as the effect of such changes on the organization. Output A product, result or service generated by a process. Peripheral devices An auxiliary device that connects to and works with the computer in some way. Some examples: scanner, digital camera, printer. Phase A portion of the Project in which specific set of related applications are typically implemented. Phases each have an independent start, Go -Live and closure dates but use the same Implementation Plans as other Phases of the Project. Phases may overlap or be sequential and may have different Tyler resources assigned. Project The delivery of the software and services per the agreement and the Statement of Work. A Project may be broken down into multiple Phases. RACI A matrix describing the level of participation by various roles in completing tasks or Deliverables for a Project or process. Individuals or groups are assigned one and only one of the following roles for a given task: Responsible (R), Accountable (A), Consulted (C), or Informed (1). Remote Indicates the work location is at one or more of Tyler's physical offices or work environments. Responsible Those who ensure a task is completed, either by themselves or delegating to another resource. [Also see RACI] Scope Products and services that are included in the Agreement. City of Edmonds, WA Tyler Technologies, Inc. Page / 42 O w r c O U a w 14 N co N cc O _ O �a 2 y M M y Q y O E LU c d E t ea r Q Packet Pg. 367 Solution The implementation of the contracted software product(s) resulting in the connected system allowing users to meet Project goals and gain anticipated efficiencies. Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project. Standard Software functionality that is included in the base software (off - the -shelf) package; is not customized or modified. Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project -specific activities, services, and Deliverables. System The collective group of software and hardware that is used by the organization to conduct business. Test Scripts The steps or sequence of steps that will be used to validate or confirm a piece of functionality, configuration, enhancement, or Use Case Scenario. Training Plan Document(s) that indicate how and when users of the system will be trained relevant to their role in the implementation or use of the system. Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program, or product is working as expected. Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components. Work Package A group of related tasks within a project. City of Edmonds, WA Tyler Technologies, Inc. Page / 43 O v w r L c O U a w 14 N N O _ O 10 L a1 2 N R R N Q y _ O E W _ d E t t� r Q Packet Pg. 368 9.4.a Part 4: Appendices 9. Conversion 9.1 Enterprise ERP Conversion Summary 9.1.1 Accounting 9.1.1.1 Accounting - Actuals ■ Summary account balances = ■ Up to 5 years 0 9.1.1.2 Accounting - Budgets w ■ Original budget, budget adjustments, revised budget summaries for accounts ■ Up to 5 years v 9.1.2 Accounts Payable a w 9.1.2.1 Vendors 14 N ■ Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers N cc ■ Multiple remittance addresses c C ■ Year-to-date 1099 amounts 2 9.1.2.2 Accounts Payable - Checks y M M ■ Check header data including vendor, warrant, check number, check date, overall check amount, GL CO cash account and clearing information ■ Check detail data including related document and invoice numbers for each check vi ■ Up to 5 years c E 9.1.2.3 Accounts Payable - Invoices w ■ Invoice header data containing general information for the invoice ■ Invoice detail data containing line -specific information for the invoice t ■ Up to 5 years r Q 9.1.3 Project Accounting 9.1.3.1 Project Accounting Master Tables ■ Segments, account strings and fund string allocation table ■ Requires the use of a Tyler provided (Chart of Accounts) spreadsheet for design and entry of the data to be converted 9.1.3.2 Project Accounting - Actuals ■ Summary project ledger string balances. If linking to GL, must be converted at the same time. City of Edmonds, WA Tyler Technologies, Inc. Page / 44 Packet Pg. 369 ■ Up to 3 years 9.1.3.3 Project Accounting — Budget ■ Original project ledger budget amounts. If linking to GL, must be converted at the same time. ■ Up to 3 years 9.1.4 Purchase Orders ■ Open purchase orders header data including vendor, buyer, date, accounting information, etc. ■ Open purchase orders detail data including line -item descriptions, quantities, amounts, etc. ■ Closed purchase orders detail data, up to 5 years, including line -item descriptions, quantities, amounts, etc. 9.1.5 Human Resources Management 9.1.5.1 HRM Employee Master Information ■ Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), e- address, marital status, gender, race, personnel status (such as full-time, part-time, etc.), highest degree, advice -delivery (print/email/both) and check location, plus primary group, job, location, and account information 9.1.5.2 Accumulators ■ YTD, QTD, MTD amounts for employee pay and deductions ■ Needed for mid -calendar -year go -live ■ May not be needed if converting earnings/deductions history ■ Up to 5 years ■ Accumulators are converted with check history and earning/deduction history as a default. No accumulator files are necessary to submit when converting history. 9.1.5.3 Check History ■ Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in employee check history, check number and date. 9.1.5.4 Earning/Deduction Hist. ■ Up to 5 years, additional years must be quoted. Earning and deduction history broken down my individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums the check history in opt 4. 9.1.5.5 Personnel Action History ■ A variety of Personnel actions, such as job or salary changes and dates these events occurred. ■ Up to 5 years City of Edmonds, WA Tyler Technologies, Inc. Page / 45 Packet Pg. 370 9.1.5.6 Certifications ■ Certification area and certification type codes, certification number and effective date, expiration date, and required -by date, codes for certification level and subjects 9.1.5.7 Education ■ Codes, for institution, type of degree, and area(s) of study 9.1.6 General Billing 9.1.6.1 Customer Master Files ■ Customer information 9.1.6.2 General Billing — Recurring Invoices ■ General Billing Invoices that are sent on a regular basis ■ Header records with general information about the invoice ■ Detail records with line -specific information 9.1.6.3 General Billing — Bills ■ 5 years of open and closed invoices ■ General Ledger information so open invoices can be processed in Enterprise ERP 9.1.7 Utility Billing 9.1.7.1 Account Information ■ Account Master data including previous and current customer owner information- address info, phone, fax, SSN number, FID number, account status, parcel number, location street, apartment, city, state, zip, book number, read sequence, account start and end date, EFT bank information 9.1.7.2 Services ■ Current service codes, service status, type, factor, condo units, bill cycle codes, , current deposits held on account including unpaid deposit amounts, winter usage, current meter(s) associated with service, meter readings( current and previous), meter usage (current and previous) and sales tax information. 9.1.7.3 Assessments ■ Assessments are improvement costs that are spread across to property owner ■ Utility Billing conversion option 4 (balance forward AR) must also be purchased in order to convert assessments 9.1.7.4 Consumption History ■ History of meter readings, usage, read dates, usage days, bill amounts, bill dates, read codes ■ Up to 5 years City of Edmonds, WA Tyler Technologies, Inc. Page / 46 Packet Pg. 371 9.1.7.5 Balance Forward AR ■ Account balance forward information converted as total amount due. If the client's business practices require current due and past due bills this can be broken into three balance forward bills(current balance due and up to two past due balance bills).These can be converted to one balance forward charge code or separate balance forward charge codes, and converted to the account/customer, if the client's legacy data contains this information. ■ If late penalties will be applied in Enterprise ERP after the conversion, balance forward amounts must be converted by charge code 9.1.7.6 Work Orders Work Orders data associated with accounts, including meter repairs, checks for leaky meter, reread a meter due to high reading 9.1.7.7 Backflow ■ Account information, backflow device information, backflow type, and backflow violations 9.1.7.8 Budget Billing Converts information for budget average billing by account, customer and service. Legacy data must include: calculated budget amount by service; number of periods remaining until plan renews; budget plan balance/credit amount, broken out by service/customer; additional amortized amount by service. 9.1.7.9 Flat Inventory/Containers ■ Inventory for non -metered items tied to recurring service billing — flat rate is tied to inventory item(s)/item type(s) (vs consumption/usage). Trash/recycling containers, dumpsters, roll off containers, light poles, cable/internet equipment. 0 w L _ 0 U a w City of Edmonds, WA Tyler Technologies, Inc. Page / 47 Packet Pg. 372 9.4.a 10. Additional Appendices 10.1 Intentionally left blank. City of Edmonds, WA Tyler Technologies, Inc. Packet Pg. 373 11. Project Timeline 11.1 ERP Project Timeline The Project Timeline establishes a target duration for each phase of the project. The timeline needs to account for resource availability, business goals, size and complexity of the project, and task duration requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to the Project Stages section of this SOW for information on work packages associated with each stage of the implementation. Durations may be revised when the Agreement is signed and further refined during the project. Eden to Enterprise ERP project start dates are dependent on wave availability. Waves are a common implementation start month for a group of Eden clients. Each wave has a designated number of slots available for clients to sign up — once those slots are full you must choose an alternate wave with availability A signed agreement is required to reserve your spot in a specific wave. 1 Financials • • • System Wide I • • r 2 Utility Billing City of Edmonds, WA Tyler Technologies, Inc. Accounting Accounts Payable Budgeting Capital Assets Cash Management Contract Management Inventory Inventory Mobile Project & Grant Accounting Purchasing Accounts Receivable General Billing Cashiering ACFR Statement Builder Open Finance Analytics & Reporting w Executive Insights Enterprise Forms Content Manager Core includes Onboarding Enterprise ERP Admin & Security Tyler Payments • Utility Billing CIS • Utility Billing Meter Interface • Utility Billing Special Assessments • Central Property File • Resident Access 12 Months or as defined in the Project Plan and mutually agreed upon Average Days/Month: 7 12 Months or as defined in the Project Plan and mutually agreed upon Average Days/Month: 4 0 ca L _ 0 U a w v N co N 0 0 �a ca c� vi _ 0 E LU d E t Q Page / 49 Packet Pg. 374 3 Human Resources T. Management • 11.2 Intentionally left blank. City of Edmonds, WA Tyler Technologies, Inc. Payroll with Employee Access Human Resources & Talent Management Recruiting Time & Attendance w Mobile or as defined in the Project Plan Access and mutually agreed upon 12 Months Average Days/Month: 4 O 3 L C O U a w v N (D N to O C O r L C2_ G U) Q C O E w w+ C d E t <.i rt+ y.+ Q Page / 50 Packet Pg. 375 9.4.b Bars Bars Desc Item 2024 2025 2026 2027 2028 Total 512.000.31.518.88.48.00 Repair/Maint Tyler On Prem Maintenance $103,168 $ - $ - $ - $ - 512.000.31.518.88.48.00 Repair/Maint Tyler ERP Annual Maintenance (SaaS) $ - $ 238,505 $ 238,505 $ 238,505 $ 238,505 512.000.31.518.88.48.00 Repair/Maint 3rd Party Hard/software $ - $ 4,055 $ 495 $ 495 $ 495 512.000.31.518.88.41.00 Prof/Services Tyler Implementation Svcs $ - $ 238,904 $ 238,904 $ 79,635 $ - $ 557,443.8 $103,168 $ 481,464 $ 477,904 $ 318,635 $ 239,000 Increase vs 2024 $ 378,296 $ 374,736 $ 215,467 $135,832 Notes: 1) Tyler Technology quote does not include sales tax. Taxes (10.5%) are added to the costing model 2) Implementation Services of $557,444 are distributed over a 28 month estimated project timeline tU a w Packet Pg. 376