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2024-08-20 Council PSPHSP Committee Packet1 2 OF BbMG ti Agenda Edmonds City Council BLIC SAFETY -PLANNING -HUMAN SERVICES -PERSONNEL CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 AUGUST 20, 2024, 3:30 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. PERSONS WISHING TO ATTEND THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: NEIL TIBBOTT (CHAIR), CHRIS ECK, COUNCIL PRESIDENT (EX-OFFICIO MEMBER) CALL TO ORDER COMMITTEE BUSINESS 1. Committee Updates (10 min) 2. Fund 018 Edmonds Homelessness Response Fund Discussion (30 min) 3. PD Speed Awareness Trailer Donation (5 min) ADJOURNMENT 5:30 PM Edmonds City Council Agenda August 20, 2024 Page 1 2.1 City Council Agenda Item Meeting Date: 08/20/2024 Committee Updates Staff Lead: Committee Chair Neil Tibbott Department: City Council Preparer: Beckie Peterson Background/History The purpose of this standing agenda item is to allow a mechanism for staff to provide committees with brief, verbal updates on an activity or project overseen by a department and so that the Council can be more aware of what is happening around the city. Updates will facilitate a better set of expectations for councilmembers, the public, and the staff. Recommendation N/A Narrative Requested Committee Updates for August 20, 2024: 1. Comprehensive Plan - Navyusha Pentakota, Planner Packet Pg. 2 2.2 City Council Agenda Item Meeting Date: 08/20/2024 Fund 018 Edmonds Homelessness Response Fund Discussion Staff Lead: PSPHSP Committee Department: City Council Preparer: Beckie Peterson Background/History The Edmonds Homelessness Respond Fund (018) was established through Ordinance No 4104 effective April 6, 2018 and is codified in ECC 3.85 Homelessness Response Fund (attached). The fund was established to provide moneys with which to alleviate the problem of homelessness in Edmonds and the surrounding area. As of June 30, 2024 the fund balance of the 018 fund is $200,000. On July 23, 2024 Council considered and did not approve a mid -year budget amendment proposing to transfer $200,000 from Fund 018 to the General Fund. (minutes attached) Recommendation Discuss options for using Fund 018, and consider a committee recommendation to forward to full council. Narrative This agenda item and discussion is requested by Mayor Rosen. Attachments: ECC 3.85 pdf pages from EDMONDS CITY COUNCIL MINUTES July 23, 2024 Packet Pg. 3 Ch. 3.85 Homelessness Response Fund I Edmonds City Code Page 1 of 1 2.2.a 3.85.010 Homelessness response fund. The administrative services director is hereby authorized to create and number a new fund to be known as the Edmonds homelessness response fund to provide moneys with which to alleviate the problem of homelessness in Edmonds and the surrounding area. Such fund may be supported by budget appropriations from time to time from any tax or other revenue source not restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available by ordinance. Any moneys in the fund at the end of the fiscal year shall not lapse except upon reappropriation by the council to another fund in the adoption of a subsequent budget. No transfer from this fund shall occur without the express consent of the Edmonds city council in the form of a budget appropriation or other authorizing ordinance. [Ord. 4104 § 1, 2018]. The Edmonds City Code is current through Ordinance 4361, passed June 25, 2024. Disclaimer: The city clerk's office has the official version of the Edmonds City Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. The Edmonds City Code is current through Ordinance 4361, passed June 25, 2024. Packet Pg. 4 2.2.b 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 Q July 23, 2024 Page 14 Packet Pg. 5 2.2.b 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 Q July 23, 2024 Page 15 Packet Pg. 6 2.2.b 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 Q July 23, 2024 Page 16 Packet Pg. 7 2.2.b 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 Q July 23, 2024 Page 17 Packet Pg. 8 2.3 City Council Agenda Item Meeting Date: 08/20/2024 PD Speed Awareness Trailer Donation Staff Lead: Assistant Chief Sniffen Department: Police Services Preparer: Alexandra Ehlert Background/History An Edmonds resident donated funds to the Edmonds Police Foundation for the purpose of the Police Department purchasing a new Speed Awareness Trailer. The Foundation along with the funds donated by the resident purchased the trailer. Assistant Chief Sniffen has been working with Legal and the Edmonds Police Department to accept the donation. Legal advised that a resolution to accept the donated item needs to be approved by Council for the Mayor to sign. Attached is information about the Speed Awareness Trailer and the draft resolution. There are no budget implications for this. Staff Recommendation Staff is requesting that Council approve the resolution to be signed by the Mayor. Narrative <Type or insert text here> Attachments: Resolution to Accept SAM Trailer Donation final SAM Trailer Resolution attachment A Packet Pg. 9 2.3.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, TO ACCEPT A DONATION IN THE FORM OF ONE SPEED AWARENESS MONITOR (SAM) TRAILER FROM THE EDMONDS POLICE FOUNDATION FOR USE BY THE EDMONDS POLICE DEPARTMENT. WHEREAS, the City of Edmonds has received notice that the Edmonds Police Foundation wishes to donate one (1) new Speed Awareness Monitor (SAM) trailer to the Edmonds Police Department for its ownership and use in perpetuity; and WHEREAS, the product description, depiction, specifications, and terms and conditions, along with ownership and delivery information, are attached hereto as Attachment A; and WHEREAS, it is the intent of the parties that the City will take ownership of and responsibility for the trailer and will have all other rights and responsibilities with regard to the trailer upon acceptance of this donation and acceptance of delivery of the trailer to the City; and WHEREAS, Chapter 3.45 of the Edmonds city code regulates the acceptance of donations to the City; and WHEREAS, ECC 3.45.030 provides that "[a]ll monetary and nonmonetary donations with a current value of up to $10,000 may be approved and accepted for the city by the mayor. All donations with a value greater than $10,000 must be approved by the city council before acceptance"; and WHEREAS, the Edmonds Police Foundation desires to provide the City with a donation in the form of the SAM trailer, which is valued at Thirteen Thousand Six Hundred Nineteen Dollars and Thirteen Cents ($13,619.13); and WHEREAS, the City Council, after review and discussion, has determined that it is in the best interests of the City to approve the acceptance of the donation on behalf of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Recitals. The recitals set forth above are hereby incorporated by reference as if set forth fully herein. Section 2. Acceptance of Donation. The acceptance of the donation from the Edmonds Police Foundation in the form of a Speed Awareness Monitor (SAM) as set forth in Attachment A with a value of $13,619.13, is approved and such donation will, to the extent reasonably feasible, be used consistent with the donor's intent. The mayor is hereby authorized to accept the donation. Packet Pg. 10 2.3.a Section 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. RESOLVED this day of August 2024. APPROVED: MAYOR, MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 11 W W rt 2.3.b Speed Awareness Monitor SAM The Stalker Street Dynamics' SAM trailer features the some radar technology used by over 85% of state law enforcement agencies in the US. Its compact size makes it easy to tow, and its all -steel construction makes it durable enough to withstand even the roughest road conditions. Bright 18" amber LED characters make speeds legible from up to 1,000 feet away. Packet Pg. 12 2.3.b Reduce Speed Trailer Features: ■ Graffti-resistantpaint ■ All -steel trailer ■ Four stabilizing/levelingjacks ■ Retractable/Removable tongue Easy to tow and quick to set up, the Stalker Street Dynamics Speed Alert Monitor (SAM) features 18- inch amber LED characters that are visible at up to 1000 feet. A convenient hand-held controller, K-Band Doppler radar, and an 18-day battery with solar panel round out its standard conf guration. Optional equipment includes traff c data collection, and programmable LED strobes. It's a 24/7 traff c calming presence that can be deployed right where you need it. Collect Traff c Datc- Analyze valuable traff c statistics with the optional Stalker Easy Analyst traff c analysis package by utilizing your SAM radar speed trailer's capability to collect both approaching and receding traff c data. Easily transfer data via USB to the Stalker Easy Analyst software to create custom -branded reports, charts, and graphics in just a few clicks. Perfect for law enforcement, municipalities, schools, HOAs, grant -writing entities, and more. STEILKER STREET DYNAMICS Packet Pg. 13 2.3.b Included: Fast, Long -Range Radar The SAM features a Stalker Radar Sensor II K-Band radar, which offers greater range, sensitivity, and tracking when compared to competitive signs' radars. Solar/Battery Power Top -mounted solar panels recharge a day's worth of battery use with only 2.5 hours of bright sunlight, while our 4D deep -cycle batteries provide up to 18 days of continuous operation, yielding longer operational time in reduced sunlight times. 2 Year Limited Warranty We stand behind the craftsmanship of our products. Dedicated Hand -Held Controller Complete programming and diagnostic functions in the palm of your hand. Solar For Near-Inf nice Operation The set -it -and -forget -it flexibility to place your SAM anywhere, from the densest urban streets to the most remote wilderness byway. Optional: Programmable LED Violator Alert Strobes High-powered LED Violator Alert Strobes flash to warn motorists when they have exceeded a predetermined speed. Three (3) different user -programmable settings with your choice of blue/red or white/white. Traff c Data Collection Gather valuable traff c data, then create reports, charts, and graphs in just a few clicks. Download as a PDF to print or share with law enforcement, city planners, grant writers, and more. Consistently Bright Display ......................> Legible at 1,000' YOUR SPEED The SAM features advanced LED technology [SPEED w that makes the lights brighter without putting LIMIT additional strain on the battery. The LEDs also remain at consistent brightness throughout the 1250 battery's discharge cycle. ••��•.•'� u Individual Changeable .••,.••• Speed Limit Numbers The SAM allows you to change out individual _ digits on the SPEED LIMIT sign panel. StreetDynamicscom Packet Pg. 14 Specif cations: 2.3.b Trailer Width 64" (1.68m) Length 116" (2.95m) with tongue in travel position; 57.5" (1.46m) with tongue raised Height 91" (2.31m) Weight 700 lb. (317.5kg) Main Frame 2" x 4" x .120" Steel Tubing Warranty Trailer 2 Years Solar 2 Years Batteries 1 Year Accessories: ■ Spare Tire ■ Wheel Lock ■ Coupler Lock ■ Wheel Jack Display Cabinet Material Thickness .156" ABS Plastic Width 36" (.91m) Height 25.5" (.65m) Depth 5.25" (.13m) Lexan Window Thickness .125" Cabinet Temperature Delta +201 c 0 �a _ 0 0 L H rn N d Radar - Stalker Sensor II - 24.125 GHz 3 a Detection Distance Up to 1,200' (365 m) 0 m Energy Source Battery Bank 4D Deep -Cycle Battery lasts 18 days @ 780 F (250 C) Specif cations are subject to change without notice e,,�� ERrww� REC�S S`p[ANC, XT�pm � o fpm •�• OMPLIANT C�STEREV STALKER STREET i7YNaMICS applied concepts, inc. 855 East Collins Blvd. ■ Richardson, Texas 75081 972.398.3780 0 Fax 972.398.3781 StreetDyna n'ics eoi 1-800-782-553 006-0455-00 Rev H LIVE depen on what t Dd a CO) a IL Copyright © 2023 Applied Concepts, Inc. All Rights Reserved. Packet Pg. 15 2.3.b Applied Concepts, Inc. 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WHETHER IN CONTRACT, TORT OR UNDER / OTHER THEORY OF LIABILITY, OUR AND OUR AFFILIATES' P LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL LIMITED TO THE GREATER OF $100,000 OR THE AMOUNT Y ACTUALLY PAID US UNDER THIS AGREEMENT FOR PRODUCTS DUR THE 12 MONTHS PRECEDING THE CLAIM. (10) Miscellaneous a) Force Maieure. We and our partners will not be liable for any dela'. failure to perform any obligation under this Agreement where the dela failure results from any cause beyond our reasonable control, inclu( acts of God, labor disputes or other industrial disturbances, syste electrical, telecommunications, or other utility failures, earthquake, sto or other elements of nature, blockages, embargoes, riots, acts or or( of government, acts of terrorism, or war. b) Assignment. You may not assign or otherwise transfer Products or an your rights and obligations specified herein without our prior wn approval. Subject to the foregoing, these terms and conditions will binding upon, and inure to the benefit of us, you and our and y respective successors and permitted assigns. c) Jurisdiction. Your purchase of Product and these terms and conditi shall be governed by, construed, and enforced in accordance with laws of the State of Texas without regard to its conflicts of I; provisions. Any controversy or claim arising out of or relating to agreement, or the breach thereof, shall be settled by arbitra administered by the American Arbitration Association under Commercial Arbitration Rules, and judgment on the award renderec the arbitrator(s) may be entered in any court having jurisdic thereof. Such Arbitration shall take place only in Collin or DE Counties, State of Texas. There is no recourse beyond the Bin( Arbitration mentioned herein and that no civil litigation or action will brought by either party as a direct result of your purchase or us( Product or these terms and conditions. The non -prevailing party exclusively determined by the arbitrator) shall pay all of the preval party's arbitration fees, attorneys' fees, costs (including costs investigation), expert witness fees, and all other related expense; every kind and nature whatsoever. Notwithstanding the foregoing, may seek any equitable or injunctive relief in a court having prc jurisdiction to protect our rights under these terms and conditions o protect any of our proprietary interest or goodwill. d) Severabili . In the event that any provision of these terms and conditi is held by a court of competent jurisdiction to be unenforceable becaus is invalid or in conflict with any law or any relevant jurisdiction, the vali of the remaining provisions shall not be affected, and the rights obligations of the parties shall be construed and enforced as if th terms and conditions did not contain the particular provisions held tc unenforceable. 600-5022-00 Rev C stalkerradar.com / 800STALKER / 972398-378( Packet Pg. 16 SINVOICE TALKERradar # S304051 applied concepts Inc. Page 1 of 1 Send Payment To: National Toll Free: 1-800- STALKER Date: 07/31/24 PO Box 972943 Anthony Greene David Foster Dallas, TX 75397-2943 Inside Sales Partner: +1-972-801-4892 Reg Sales Mgr: 972-398-3780 anthony.greene@a-concepts.com davidf@stalkerradar.com PO# Mark Email 7/31 Bill To: Customer ID: 015070 Ship To: Deliver Edmonds Police Dept Edmonds Police Dept 250 5th Ave N Accounts Payable 250 5th Ave N Assistant Chief Rod Sniffe Edmonds, WA 98020-3146 Edmonds, WA 98020-3146 Grp Qty Package Description Wrnty/Mo Price Ext Price 1 1 821-0309-00 Stalker SAM Trailer w/Traffic Stats Sensor & Solar 24 $12,325.00 $12,325.0( Ln Qty Part Number Description Est. Ship Price Ext Price 1 1 015-2532-59 [253259] SAM Trailer w/ Top Display w/ 55W Solar $0.0 2 1 200-1229-01 [414155] Traffic Stats Sensor, 2 Comm Ports $0.0 3 1 006-0569-00 Certificate of Accuracy, Speed Sensor II $0.0 4 1 200-1448-00 SAM/SAM-R Trailer User Manual Kit w/USB Cable $0.0 5 1 060-1000-24 24-Month Warranty $0.0 6 1 200-1173-00 Traffic Analyst App, Thumb Drive, Manual $0.0 7 1 015-2328-62 Red LED Light Bar, SAM/SAM-R $0.0 8 1 015-2354-40 Blue LED Light Bar, SAM/SAM-R $0.0 9 1 005-0001-00 Delivered from DF Consignment $0.0 F7Group Total $12,325.0( Product Discount Payment Terms: Net 30 days $12, 325.00 $0.00 Sub -Total: $12, 325.00 Sales Tax 10.5% $1,294.13 Shipping & Handling: $O.00 Total: USD $13,619.13 I This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. These Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions, all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding. Packet Pg. 17 2.3.b Trailer Ownership & Delivery Information Certificate of Origin -Document owner uses to register the trailer Agency Name Edmonds Police Department Street Address 250 5th Ave N 2 0 City, State, ZipCU Edmonds, WA 98020 0 L d L Contact to receive the Certificate of Origin (will be delivered by UPS N or Fed -Ex) (not a PO Box) L Agency Name a Edmonds Police Department Contact Name CL Assistant Chief Rod Sniffen o Street Address n a 250 5th Ave N City, State, Zip Edmonds, WA 98020 Delivery Address that has dock or forklift for unloading Agency Name Edmonds Police Department Street Address 250 5th Ave N City, State, Zip Edmonds, WA 98020 Receiving Days Mondav-Fridav Receiving Hours 8:00am - 5:00 855 E. Collins Boulevard I Richardson, Texas 75081 1-800-782-5537 1 972-398-3780 Packet Pg. 18 2.3.b Trailer Ownership & Delivery Information Edmonds Police Department Delivery Contact Information Contact Name Contact Cell # Contact Email Assistant Chief Rod Sniffen 425-218-2608 rod.sniffen@edmondswa.gov 855 E. Collins Boulevard I Richardson, Texas 75081 1-800-782-5537 1 972-398-3780 Packet Pg. 19