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2024-09-17 Council PSPHSP Committee1 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 SEPTEMBER 17, 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. Comprehensive Plan Update (10 min) 2. Update to ECC 2.10.010 - Acting Appointments (10 min) 3. Update to Promotion Policy - Compensation (15 min) 4. Social Worker Supervision Contract (5 min) 5. ILA with Edmonds School District (5 min) 6. Flock Camera Presentation (30 min) ADJOURNMENT 5:30 PM Edmonds City Council Agenda September 17, 2024 Page 1 2.1 City Council Agenda Item Meeting Date: 09/17/2024 Comprehensive Plan Update Staff Lead: Shane Hope Department: Planning & Development Preparer: Scott Passey Background/History The Edmonds Comprehensive Plan Update process has come a long way in terms of identifying background information and suggesting alternatives for the City's future growth, economic vitality, and environmental quality. However, with various issues that were raised during this process and with the leaving of the former Planning and Development Director, the acting Planning and Development Director finds that the current process needs to be paused just a bit, so that the material can be reviewed and some adjustments made. This affects both the content of the draft Comprehensive Plan material and the schedule. Many of the content changes being drafted now are intended to: (a) Remove items that have been labeled "policies" but would better be considered "action steps" and handle them in a different way; (b) Adjust or drop some potential goals and policies that are either more detailed than necessary or that are not appropriate at this time to be part of a draft Comprehensive Plan Update. Staff Recommendation For information only. Narrative At the Committee meeting, the acting Planning and Development Director will provide more information about the Update status and hear questions and comments from Committee members. A longer discussion will take place at the City Council meeting later the same evening. Packet Pg. 2 2.2 City Council Agenda Item Meeting Date: 09/17/2024 Update to ECC 2.10.010 - Acting Appointments Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History Current ECC 2.10.010 allows for the Mayor to make an acting Director appointment only when the Director position is "vacant." As vacant is not clearly defined in the code, and there have been instances where the person holding the position is no longer performing the duties of Director, but the position is not officially "vacant" this has caused a delay in appointing an acting Director. Delays in appointing an acting Director lead to potential management issues of the department impacted. The proposed code update will allow the Mayor to appoint an acting Director in those circumstances where the current Director is no longer working but the position is not officially "vacant." There are no changes to the other controls that Council has regarding acting appointments. Staff Recommendation Recommend the proposed code changes be advanced to full Council on consent agenda. Narrative Please see attached ordinance. Attachments: REVISED Ordinance Amending ECC 2.10.010 8.20.2024 (JNH SEC comments) Packet Pg. 3 2.2.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.10 ECC (CONFIRMATION AND DUTIES OF APPOINTIVE OFFICERS) TO AMEND THE AUTHORITY OF THE MAYOR IN APPOINTING ACTING DIRECTORS FOR APPOINTIVE OFFICES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, Chapter 2.10 ECC provides, in part, for the filling of vacancies in appointive offices; and WHEREAS, ECC 2.10.010 authorizes the Mayor to appoint Acting Directors to temporarily perform the functions and duties of vacant appointive offices; and WHEREAS, the term "vacant" is undefined and has been interpreted to mean an appointive office in which the previous Director has been separated from employment; and WHEREAS, it has been determined that the appointment of an Acting Director may be needed prior to the previous Director's official separation from employment when such Director will no longer be performing any of the functions or duties of the appointive office; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 2.10.010 is amended to read as follows (new text is shown in underline): 2.10.010 Review of vacancies, appointment authority and confirmation process. A. Periodically, when the city conducts a salary survey regarding its nonrepresented employees, and whenever a vacancy occurs in one of the positions listed in this chapter, the city council may review the specifications for the appointive officer position(s) and revise them as needed before acting to confirm a permanent appointment. Nothing in this subsection shall be construed to prevent the city council from reviewing such specifications at other times. The council's revising of a specification will not have any effect on a previously confirmed permanent appointment. Recruitment to fill a vacant appointive office may be postponed until after the city council acts to revise the specifications or determines them not to be in need of revision. B. The mayor or his/her designee will review all applications and determine the persons with the highest qualifications. Any city council member, upon request to the mayor may Packet Pg. 4 2.2.a review the applications received for a vacant position. Additionally and/or alternatively, the city council may evaluate the qualifications of an applicant for public employment in executive session pursuant to RCW 42.3 0.11 0(l)(g). C. If, on occasion of a vacant appointive office, the mayor elects to propose a reorganization of the appointive offices which would alter the specifications of the vacant appointive office, he/she shall have 60 days from the date of the vacancy to introduce a reorganization proposal to the city council along with any necessary accompanying budget amendment. If reorganization is proposed, recruitment to fill the vacant appointive office may be postponed until after the city council acts upon the reorganization proposal. D. The mayor shall appoint, subject to council confirmation, the appointive officers. The N city council shall interview the top three candidates for each position prior to the mayor's 0 appointment; provided, that the city council may waive the three -interview requirement by w 0 motion adopted by a majority plus one of the full council and may opt to interview as few as two candidates for any vacant appointive office; and further provided, that when an appointive office becomes vacant, or is about to become vacant, again within nine months CL of the city council's confirmation of the last mayoral appointment to that office, the city �- council may waive an additional round of interviews, by motion adopted by a majority plus r one of the full council, and proceed immediately to confirming the appointment of a candidate interviewed by the city council during the most recent recruitment for that E appointive office. The mayor's appointments to all other employee positions shall not be 0 subject to city council confirmation. v w CO E. The mayor shall have the authority to appoint, without city council confirmation, an = acting director to perform the functions and duties of a vacant appointive office, subject to the term limitations described in ECC 2.10.040(B); provided, that there is budgetary authority to fill the position. The city council shall be given written notice about any such N acting appointments including the effective date of the appointment. Acting directors shall o be compensated pursuant to applicable ordinances and personnel policies regarding acting 00 pay. An appointive office will be deemed vacant: (i) as of the date the appointive officer CO has been separated from employment; or GO prior to the date of separation if the mayor 0 made a final decision to separate the employment of the appointive officer and such N appointive officer has been infot:med of sueh deeision, has been placed on paid v .,a, mist....., leave, and will no longer be performing any of the functions or duties of v w such appointive office. a) F. The mayor shall begin recruitment of candidates to fill vacant appointive offices no later than 30 days after the latter of the two city council actions described in subsections (A) and (C) of this section; provided, that such recruitment shall not be necessary where the city council opts to make an immediate confirmation pursuant to a prior round of interviews as set forth in subsection (D) of this section. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Packet Pg. 5 2.2.a Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. /_ ' ' : 6]9"I MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: r d E CITY CLERK, SCOTT PASSEY E 0 U W APPROVED AS TO FORM: z I* N O N O N JEFF TARADAY, CITY ATTORNEY c FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 6 2.2.a On the Ordinance No. provides as follows: SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington day of 2024, the City Council of the City of Edmonds, passed A summary of the content of said ordinance, consisting of the title, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.10 ECC (CONFIRMATION AND DUTIES OF APPOINTIVE OFFICERS) TO AMEND THE AUTHORITY OF THE MAYOR IN APPOINTING ACTING DIRECTORS FOR APPOINTIVE OFFICES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2024. CITY CLERK, SCOTT PASSEY r d E E 0 U W Packet Pg. 7 2.3 City Council Agenda Item Meeting Date: 09/17/2024 Update to Promotion Policy - Compensation Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The current city policy that addresses pay rate upon promotion provides for only a 5% increase in pay. The current policy does not take in to account those promotions that result in significant increases in responsibility nor does it address when internal applicants compete with external applicants. The current policy has impacted internal promotional interest from employees due to the restrictions on increases in compensation. Staff Recommendation Forward the update to the promotional policy to full council on consent. Narrative The proposed policy updates will allow the Mayor to consider compensation increases beyond 5% for those promotions which results in a significant increase in duties/responsibilities/authority. Departments will need to submit a request to HR, providing rationale for the request, which will be reviewed and approved/denied by the mayor. The policy update will also allow internal candidates who compete with external candidates to negotiate their salary offer in the same manner as an external candidate. Attachments: Promotional Policy Compensation Update Packet Pg. 8 2.3.a 5.12 PROMOTION The City supports the process of internal promotion and recognizes that at times employees may promote into positions of significantly higher responsibility. To provide a compensation program that appropriately addresses increases in responsibility through promotion the City has set the below parameters. Placement within the below parameters is solely within the City's discretion. Promotion to a vacant position in a higher salary classification When an employee is promoted to a vacant position that is one (1) to two (2) ranges higher than their current position classification, they shall be paid at the amount of the higher salary range which is one (1) pay step above the rate they had been paid in the lower range. If an employee is promoted to a vacant position that is classified three (3) ranges higher than their current position classification, they may be paid up to an amount on the higher salary range which is no more than two (2) steps above the rate they had been paid in the lower range. If an employee is promoted to a vacant position that is classified four (4) ranges or higher than their current position classification, they may be paid up to an amount on the higher salary range which is no more than three (3) steps above the rate they had been paid in the lower range. In any promotional situation, if the salary ranges do not overlap to a degree that allows any of the above placements, the employee shall be paid at the first step of the higher salary range. If the promotional opportunity was posted externally, and the employee competed with external applicants for the position, the employee may negotiate the salary offer in the new position as if they were a new employee. All promotional salary range placement requests must be submitted to the Human Resources Department for review and approval by the mayor prior to offer to the employee. Requests must be submitted in writing and provide sufficient information to support the requested promotional salary. Promotion through Reclassification In any case where a position is reclassified upwards which moves the employee's position into a higher range, the step placement of the employee occupying the position shall be that step in the new range which meets or next exceeds their previous rate of pay. Upon promotion or reclassification to a position with a higher salary range, the employee's next step increase date and subsequent merit pay reviews will normally be reset using the effective date of promotion or reclassification. An employee transferring from one position to another which are in the same pay range will not be _ Formatted: Font: 10 pt considered a promotion. E O U R .r Q Packet Pg. 9 2.4 City Council Agenda Item Meeting Date: 09/17/2024 Social Worker Supervision Contract Staff Lead: Assistant Chief Loi Dawkins Department: Police Services Preparer: Alexandra Ehlert Background/History This contract is for the monthly clinical supervision of the social worker. The grant will cover the cost of the supervision time. This was originally discussed and verbally approved in a previous council meeting when the social worker was approved. This contract was approved to form by Legal on 8/29/24 Staff Recommendation Staff is requesting council committee approve this contract to go to the consent agenda. Narrative <Type or insert text here> Attachments: Contract - Wendy Warman Packet Pg. 10 2.4.a c�Y ruL> CITY OF EDMONDS MIKE ROSEN n' 1° r• MAYOR 1215 AVENUE NORTH • EDMONDS, WA 50023 425-111-0220 FAX 425-672.5750 wdbat ;$A%W.edm0ndewa.gov A yU +qi10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Wendy Warman Consultation and Counseling Services LLC, hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide clinical supervision services for the City of Edmonds; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: I . Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein. by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on an hourly basis as set forth in the Fee Schedule in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of TWO THOUSAND FIVE. HUNDRED DOLLARS ($2,500.00). 6. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three (3) days prior to the scheduled cut- off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. 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. Packet Pg. 11 2.4.a 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and arc the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the .vork product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final .payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. This Agreement will commence on July 16, 2024 and continue through December 15, 2024. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and 'void 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 da.*rages 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 RC` :' 42.23, which is tkc CcdAc of Ethics for regulating contract intcrest by rnualcipal offrccrs. T� c 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 atually tregotiated by -the parties. The provisions of -this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. lilsiti'driCC %_GVeraR Packet Pg. 12 2.4.a 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 100,nnn,nnn). 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 hibility 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 ail policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City resenes the right to require complete, certified copies of all required insurance policies at any time. All insurance shalt be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amourtyay able under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national Origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance-ofthis Agreement. y. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. 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) bays in advance of the effective date 4f said termination. Packet Pg. 13 2.4.a 11. Integration. The Agreement between the parties shall consist of this document and die Scope of Work and Fee Schedule attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Chanp-es/Additional Work. The City may engage the Consultant to perform services in addition. to, those listed in this Agreement, and. the Consultant will be entitled. to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees maybe required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary Inowledge,, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. i 5. Non -assignable. The services to be provided by the Consultant shah not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Ag:eeme. t, a d at he -.h /they has/have not paid or agreed to pay arty company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gins, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the .performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuais, 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 ($ & O) taxes which may be due on account of this Agreement. Packet Pg. 14 2.4.a 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds Police Department 250 Fifth Avenue N Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Wendy Warman Consultation and Counseling Services LLC Attn: Wendy Warman 22923 5711 Avenue Woodinville, WA 98072 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. ma:lS' q...h. Yreper r.^.—ge :.^.'{ p mrerly ad'� c—d. DATED THIS day of CITY OF EDMONDS Michelle Bennett, Chief of Police APPROVED AS TO FORM: Office of the City Attorney 2024. WENDY WARMAN CONSULTATION AND COUNSELING SERVICES LLC v , Wendy War n, Owner Packet Pg. 15 STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this ;n004_ day of _ 141 U1r 2024, before me, the undersigned, a Notary Public in and for the State of Wngton, duly commissioned and sworn, personally appeared Wendy Warman, Owner of Wendy Warman Consultation and Counseling Services LLC, to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: `lu% �S 2��f DARREL VO Notary Public State of Washington Commission # 189460 My Comm. Expires Aug 15, 2025 Packet Pg. 16 2.4.a EXHIBIT A Scope otWork Wendy Warman will provide clinical supervision to the one (1) social worker employed by the Edmonds Police Department. That supervision will he done in accordance with RC'W 19.225.090. It may include: clinical supervision of social workers that have already obtained state licensure, but also supervision of those that are working towards licensure at the Advanced Social Worker (LASW) or Independent Clinical Social Worker (LICSW) level. Wendy Warman attests that she is an approved supervisor, who has been licensed for at least two .years and has had at least two years of clinical experience.post Iicensure. Wendy Warman will abide by WAC 246-809-334, which states that to supervise a license candidate, the supervisor must hold a license without restrictions that has been in good standing for at least two years. The supervisor shall not be a blood or legal relative or cohabitant of the license candidate, license candidate's peer or someone who has acted as the license candidate's therapist within the last two years. Prior to the commencement of any supervision Wendy Warman must provide the license candidate with a declaration, on a form approved by Washington State Department of Health, stating that the supervisor has met the requirements of WAC 246-809-334 and thereby qualifies as an approved supervisor. The declaration form will state: "As ari UPPrOved bUI)MV iWL, i sitrai l 1114VV W111pleteu ilM iuilOwirig. A minimum of fifteen clock hours of training in clinical supervision obtained through: • A supervision course; • Continuing education credits on supervision; or • Supervision of supervision. And twenty-five hours of experience in supervision of clinical practice. And have two years of clinical experience post license. I attest I will gain thorough knowledge of the supervisec's practice activities including: • PiauticG bcitiuy, • Recordkeeping. • Financial management; � £t�icsofcllt�icai p�actice; �trd • A backup plan for coverage." The declaration must be completed by Wendy Warman and provided to license candidate prior to the commencement of supervision in accordance with WAC 246-809-334. Wendy Warman will complete at least two hours of individual clinical supervision for the Edmonds Police Social Worker every month for a total of 24 meetings per year. Packet Pg. 17 2.4.a Fee Schedule Wendy Warman will charge $90 per hour for individual supervision sessions. The price breakdown is as follows: • Meet with the social worker individually twice a month for an hour ($90 an hour x two sessions each month = $180). $180 per month x 12 months = $2,160. These -ore minimum o.. d there n`.3y be t::::�5' Nhere ;ddif-nsl '.7�—et2.^.a- are n�:`uSA The Edmonds Police Department will not be billed more than $2,500 annually. Packet Pg. 18 2.5 City Council Agenda Item Meeting Date: 09/17/2024 ILA with Edmonds School District Staff Lead: Chief Michelle Bennett Department: Police Services Preparer: Alexandra Ehlert Background/History The Edmonds School District has had a standing contract with Edmonds Police Department allowing officers to work school district events on overtime and the school district will fully reimburse the police department for the cost. Instead of having a contract for each individual event due to the lengthy approval process with both entities a general contract was established and entered into. This contract was up for renewal this year. Attached is the new contract signed by the Superintendent Dr. Rebecca Miner. This contract has been reviewed and approved by Legal. The new to form signature line has been added which will prompt Legal to sign the contract after Council fully approves and prior to the Mayor's signature. Staff Recommendation Staff is asking that Council approve the contract to go to council on consent agenda for the Mayor to sign. Narrative <Type or insert text here> Attachments: Signed ILA Edmonds SD and City of Edmonds Packet Pg. 19 2.5.a INTERLOCAL COOPERATION AGREEMENT BETWEEN EDMONDS SCHOOL DISTRICT and CITY OF EDMONDS for POLICE COVERAGE AT SCHOOL DISTRICT EVENTS THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between Edmonds School District No. 15, hereafter referred to as the "District," and the City of Edmonds, a Washington State municipal corporation, hereafter referred to as "Edmonds," and collectively, the "Parties." RECITALS A. WHEREAS, Chapter 39.34 RCW, Interlocal Cooperation Act, permits agencies to enter into agreements to engage in cooperative activities; and B. WHEREAS, the District and Edmonds desire to cooperate pursuant to the Act to make the most efficient use of their respective governmental powers within their jurisdictions; and C. WHEREAS, Edmonds and the District desire to have police coverage at District events to provide security, promote safety, and serve as a positive resource to the District; and D. WHEREAS, Edmonds is desirous to assign one or more uniformed Police Officers (the' Officers)") to provide police coverage at athletic and other District events, in return for a rate of compensation that is agreed upon by the Parties; NOW, THEREFORE, in consideration of the mutual representation and covenants contained herein, the Parties agree as follows: TERMS 1. Purpose. This Agreement is intended to provide police coverage at predetermined athletic events, dances, graduations and similar District events held at Edmonds-Woodway High School or other locations in the District ("District Events") through the assignment by Edmonds of one or more experienced commissioned Edmonds Officers to provide such services at the specified rate of compensation herein. 2. Term. This Agreement shall commence on September 1, 2024 and shall expire on August 31, 2029, unless otherwise terminated under the provisions of this Agreement. Upon expiration or termination of this Agreement, including any renewal term(s), all equipment furnished by Edmonds shall remain the sole property of Edmonds, and any equipment or facilities furnished by the District shall remain the sole property of the District. 3. Tennination. Either Party may terminate this Agreement for any reason upon sixty (60) days' written notice to the other party. This Agreement is subject to funding, and either party may terminate with proper written notice due to lack of funding. If this Agreement is terminated by either party, to the extent that compensation has been paid by the District for services not yet provided by Edmonds OR services have been provided by Edmonds for which compensation has not yet been paid by the Packet Pg. 20 2.5.a District, the party due compensation or reimbursement shall be paid by the other party on a prorated basis through the date of termination. 4. Duties of Officer(s). Edmonds shall assign the Officer(s) to provide police coverage at District Events. The duties and responsibilities of the Officer(s) include, but are not limited to, the following: Support District Events with crowd control and enforcement of the laws and regulations of the State of Washington and the City of Edmonds. Support the efforts of the District staff in providing a safe environment for students, parents, event participants and other attendees. Enforce rules pertaining to tobacco, alcohol, and drugs on public school property 5. Independent Contractor. Edmonds and the District understand and agree that Edmonds is acting as an independent contractor under the terms of this Agreement. 6. Supervision of Officer's). The Officer(s) shall remain employee(s) of Edmonds and are not employee(s) of the District. The Officer(s) shall remain responsive to the supervision of the chain of command of the Edmonds Police Department. Edmonds shall be solely responsible for Officer(s)' training, discipline, or dismissal. 7. Compensation. The Officer(s)' rate of pay shall be compensation at the rate of one and one-half (1.5) times the Officer's regular straight time hourly rate of pay, plus applicable employer contributions for state retirement, FICA equivalent, and state industrial insurance. 8. Payment. The District shall pay Edmonds within thirty (30) days from the date of receipt of a proper invoice. Payments to Edmonds later than thirty (30) days following the receipt of a proper invoice shall accrue interest at the rate of twelve percent (12%) per annum on the balance due. All payments shall first be applied to accrued interest. 9. Insurance and Indemnification. The Parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The Parties further agree that no indemnification shall be provided for, except as specifically set forth below, and that the respective liability of the Parties to each other and to third parties shall be determined in accordance with the laws of the State of Washington. Each of the Parties shall defend, indemnify, and hold harmless the other party, their officers, officials, employees and agents, from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from that other parry's negligent acts or omissions (including willful and/or wanton acts) in performing under this Agreement. No party will be required to defend, indemnify, or hold harmless the other party, if the claim, suit or action for injuries, death, and/or damages is caused by the sole negligence of that party. Where such claims, suits, or actions result from the concurrent negligence of the parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each party agrees that its obligations under this provision include, but are not limited to, any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, 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. Nothing contained in this section shall be deemed to waive any other immunities established pursuant to state statutes or to create third party rights or immunities. Packet Pg. 21 2.5.a 10. District Responsibility for Safety and Security. The Parties understand and agree that the District retains its legal responsibility for the safety and security of the District, its employees, students and property, and this Agreement does not alter that responsibility except as provided by paragraph 9 above. 11. Applicable Law. This Agreement shall be governed by the laws of the State of Washington. 12. Entire Agreement. This Agreement contains the entire agreement between Parties and supersedes and merges with any prior agreements of the Parties, written or oral. This Agreement shall be amended only in writing with the written consent of the Parties. 13. Notice. Edmonds Assistant Chief of Administrative Services shall serve as the administrator of this Agreement for Edmonds and the District Superintendent shall serve as the administrator of this Agreement for the District. Notices to Edmonds shall be sent to the following address: City of Edmonds Police Department ATIN: Assistant Police Chief of Administrative Services 250 5"' Avenue N. Edmonds, WA 98020 Notices to the District shall be sent to the following address: Edmonds School District #15 ATTN: Superintendent Office 20420 68"' Ave W. Lynnwood, WA 98036 14. Duty to File Agreement with County Auditor. The District shall, within ten (10) days after this Agreement is executed by both parties, file this Agreement with the Snohomish County Auditor or, alternatively, list it by subject on a public agency's website or other electronically retrievable public source as allowed in RCW 39.34.040. EDMONDS SCHOOL DISTRICT CITY OF EDMONDS a Dr. Rebecca Mike Rosen, Mayor Dated: (J [ 23 / 20 L `7 Dated: ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 22 2.6 City Council Agenda Item Meeting Date: 09/17/2024 Flock Camera Presentation Staff Lead: Chief Michelle Bennett Department: Police Services Preparer: Alexandra Ehlert Background/History Flock Safety is a technology company that uses multiple platforms to detect and deter crime. The most prevalent platform are small, stationary cameras that are installed along major routes, inroads, parking lots, and other similar locations. These cameras use advanced technology to record vehicle license plates and other vehicle information that is fed to a large cloud -based server. Subscribers to Flock safety can access this database containing our data and that of others (with permission) to identify and locate vehicles that have been stolen or involved in criminal activity to include their ingress or egress from certain locations, larger areas and even entire cities. Edmonds PD received a grant from the Washington Auto Theft Prevention Authority (WATPA), a subcommittee of the Washington Association of Sheriffs and Police Chiefs (WASPC), to pay all costs to install and maintain a series of Flock Safety cameras around the City of Edmonds. The grant covers all installation, maintenance, and data storage for two years. At the end of the grant program, we can continue to fund our subscription to Flock or have the system(s) removed at no cost. Legal approved the grant documents to form on 7/10/24 Staff Recommendation Recommend council approve the Mayor to sign all grant acceptance documents and two-year contract with Flock Safety for this program. Narrative <Type or insert text here> Attachments: Edmonds PD Agreement - WATPA Grant WATPA non -supplanting declaration Packet Pg. 23 2.6.a WASHINGTONAUTO THF.1<iT PREVENTIONAUTHORITV WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS July 9, 2024 Edmonds Police Department 250 5ch Ave N Edmonds, WA 98020 I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of Directors has approved the Edmonds Police Department grant application for funding of Equipment & Technology. The award is in the amount of $131,880.00. The grant award is effective June 1, 2024 and expires on June 30, 2025. This award is a one-time event and does not imply or promise availability of funds for replacement or continuation of funding after June 30, 2025. Enclosed is an award agreement. This agreement is to be signed and returned to WATPA. No funds will be reimbursed until the signed agreement is received. Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up to the limit of the award categories. All grantees must sign the attached non -supplanting agreement before reimbursement can begin. Also, please note that reimbursement requests by grant recipients will only be processed upon receipt of current semi-annual reports by the WATPA office. The semi-annual report form is available on the WATPA website, www.WaAutoTheftPreventionAuthorit. If you have any questions, please contact me at Phone: 253-677-8576 E-mail: bjeter@waspc.org Sincerely, Bryan Jeter, Executive Director Washington Auto Theft Prevention Authority Packet Pg. 24 AGREEMENT BETWEEN EDMONDS POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY AUTO THEFT PREVENTION GRANT PROGRAM AWARD AGREEMENT Award Recipient Name and Address: Edmonds Police Department 250 5th Ave N Edmonds, WA 98020 Award Period: Amount Approved 06/1/2024 - 06/30/25 $131,880.00 Funding Authority: WASHINGTON AUTO THEFT PREVENTION AUTHORITY Requests for reimbursement under this agreement are subject to the following Budget: EQUIPMENT & TECHNOLOGY $131,880.00 IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other document incorporated herein by reference: Non -Supplanting Declaration. WATPA Name / Bryan Jeter Title: WATPA, Executive Director Date: RECIPIENT Name Title: Date: Packet Pg. 25 2.6.b WATPA Non -supplanting Declaration Supplanting WATPA funds must be used to supplement existing funds for program activities and must not replace those funds that have been appropriated for the same purpose (RCW 46.66.080 (5). Supplanting shall be the subject of application review, as well as pre - award review, post -award monitoring, reimbursement and audit. If there is a potential presence of supplanting, the applicant or grantee will be required to supply documentation demonstrating that the reduction in non-WATPA resources occurred for reasons other than the receipt or expected receipt of WATPA funds. The (Applicant Agency) certifies that any funds awarded through WATPA shall be used to supplement existing funds for program activities and will not replace (supplant) non-WATPA funds that have been appropriated for the purposes and goals of the grant. 1#T (Applicant Agency Chief or designee) understands that supplanting violations may result in a range of penalties, including but not limited to suspension of future funds under this program, suspension or debarment from WATPA grants, recoupment of monies provided under this grant, and civil and/or criminal penalties. Printed Name and Title: Signature: Date: Packet Pg. 26