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2025-01-21 Council PSPHSP CommitteeAgenda Edmonds City Council PUBLIC SAFETY -PLANNING -HUMAN SERVICES -PERSONNEL CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 JANUARY 21, 2025, 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 2. COMMITTEE BUSINESS 1. Security Access Agreement (An MOU Between the Edmonds School District (ESD) and Edmonds Police Department (EPD) for Camera Access for Emergent Safety Reasons) (5 min) 2. 2025 Animal Kenneling Services Agreement with PAWS (Progressive Animal Welfare Society) (10 min) 3. Employment Agreement - Executive Assistant to City Council (5 min) 4. Ordinance to update ECC 2.15.060 Judges pro tem (10 min) 5. Prosecuting Attorney Contract Amendment (20 min) ADJOURNMENT 5:30 PM Edmonds City Council Agenda January 21, 2025 Page 1 2.1 City Council Agenda Item Meeting Date: 01/21/2025 Security Access Agreement (An MOU Between the Edmonds School District (ESD) and Edmonds Police Department (EPD) for Camera Access for Emergent Safety Reasons) Staff Lead: Assistant Chief Rod Sniffen Department: Police Services Preparer: Alexandra Ehlert Purpose The Edmonds School District has multiple cameras located throughout their properties and facilities. Should a serious event occur, Edmonds Police would have access to this video feed for emergent and safety reasons. ESD policy requires this MOU for EPD to get access to this video source. Background/History This is a renewal of previous agreements for the same purpose. The Edmonds School District has agreed under the attached MOU to allow our staff to have access to school district security video in the event of emergencies. Our hope is that we never need to access the video under these conditions, however should the need arise, having this MOU in place grants us the rights necessary to access the video feed(s) without delay. This is an additional - and important - tool being added to our arsenal in the event school district properties or facilities are targeted by criminal activity. The safety and security of Edmonds School District students, staff, and property is one of our highest priorities. Leveraging as many resources as possible in advance better prepares our officers to achieve this goal. Access to the video stream(s) would only be used under emergent reason and per the conditions set forth in this MOU. Proper documentation of each is also a requirement. There is no cost to the city thus no budget impact. Sharon Cates approved the attached MOU as to form on 11/21/24. District Superintendent Rebecca Miner has approved and signed on behalf of the school district. Staff Recommendation Staff is asking Council authorize the Police Chief to sign the MOU with the Edmonds School District for security camera access by Edmonds Police Personnel. Narrative Attachments: Security Access Agreement ESD Signed Packet Pg. 2 2.1.a SECURITY ACCESS AGREEMENT This SECURITY ACCESS AGREEMENT (this "Agreement") is made and entered into as of January 1, 2025 by and between the SCHOOL BOARD OF THE EDMONDS SCHOOL DISTRICT (the "School Board"), and the EDMONDS POLICE DEPARTMENT (the "EPD" or "Agency together with the School Board, the "Parties", and each a "Party"). RECITALS WHEREAS, the School Board recognizes the importance of ensuring the safety and security of students and faculty at its schools; and WHEREAS, the Parkland Commission found that police should have direct access to schools' live feed video surveillance; and WHEREAS, the EPD believes that direct access to video surveillance will improve its situational awareness and tactical response to an emergency within the schools and facilities of the School District in which the School District has active video surveillance equipment; and WHEREAS, both the School Board and the EPD recognize the need to establish a protocol for appropriate access to school surveillance; and WHEREAS, the School Board and the EPD desire to enter into this Agreement in order to provide the EPD with access to live school surveillance video when necessary to ftirther the purposes specified herein. NOW, THEREFORE, BE IT RESOLVED THAT, the School Board and the EPD agree to the following: I. INCORPORATION OF RECITALS The recitals set forth above are hereby incorporated herein by reference as if set forth in full in the body of this Agreement. II. PURPOSE Pursuant to the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232(g); 34 CFR Part 99) ("FERPA"), and to the extent the Washington State Public Records Act, RCW Chapter 42.56 (the "Act") applies to this Agreement, the Washington Supreme Court and the Court of Appeals have found that surveillance footage of students is a public record that is not exempt from disclosure under the Act (see Lindeman v. Kelso School District No. 458, 162 Wn.2d 196 (2007) and Does v. King County, 192 Wn. App. 10 (2015 Div. 1)). III. PROTOCOL a. Access to Surveillance Video Packet Pg. 3 2.1.a The Parties acknowledge and agree that school surveillance video is generally a confidential record that is not to be disclosed except in accordance with applicable law. The Parties recognize that they are permitted to share otherwise confidential records with each other for the limited purposes of ensuring student access to appropriate services and for the safety of students, faculty, and others. Any and all access by the EPD to the School Board's surveillance video system (the "System") shall be in furtherance of these purposes. Access to the System requires a unique account ("Agency Account"), which shall be assigned to an EPD Agency Representative. Login information for the Agency Account may be shared with EPD personnel at the discretion of the Agency Representative. The System may be accessed remotely by EPD personnel via software approved by the School Board. Any person who is permitted access to the Agency Account shall be subject to the provisions of this Agreement and the protocols and procedures set forth herein. b. School Board Duties The School Board shall provide the EPD Agency Representative with an Agency Account via surveillance software that shall be determined by the School Board in consultation with the EPD. The School Board shall maintain the Agency Account to ensure the EPD has access. The School Board shall communicate, collaborate, and coordinate its efforts with the EPD to ensure the safety of its schools. c. EPD Duties Authorized Access: As set forth above, any access to the System must be in furtherance of ensuring safety and emergency response of police personnel. Any use of the System for other purposes without the express written authorization of the School Board is specifically prohibited. All EPD personnel who are given access to the Agency Account shall be instructed on the purposes for which access is authorized. Record of Access: The EPD shall maintain a record (the "Record") which indicates the name of any personnel, individual, or external organization that requests and is allowed access to the Agency Account. At a minimum, the Record shall include the following: (1) Name or User ID of the person who accessed the Agency Account; (2) the date and time at which the Agency Account was accessed; (3) a brief statement indicating the purpose for which the Agency Account was accessed. The Record produced pursuant to this provision shall be provided to the School Board on a semi- annual basis or upon request by the School Board or its authorized designee. This provision shall not be construed so as to require the EPD to create the Record prior to, or in conjunction with, each instance of access to the Agency Account, but shall require the EPD to produce a complete copy of the Record semi-annually or upon request by the School Board, as set forth above. Maintaining Confidentiality: The EPD shall use commercially reasonable efforts to ensure that the confidentiality of school surveillance video is maintained to the greatest Packet Pg. 4 2.1.a extent possible. All School District personnel who are granted access to the Agency Account must abide by the policies and procedures set forth by the EPD to maintain the confidentiality of any and all surveillance video accessed via the Agency Account. The Police Department will not distribute, share, or provide copies of any School District video to any party except as legally required by the Act, warrant or subpoena. d. Penalties The Parties recognize that unauthorized access to the System or disclosure of the confidential materials contained therein will cause irreparable harm to the School Board. Accordingly, the Parties agree that the School Board shall have the right to seek immediate termination of System access granted to any EPD personnel who is discovered to have accessed the Agency Account for an unauthorized purpose. IV. TERM The initial term of this Agreement (the "Initial Term") shall commence on January 1, 2025 and shall ,o expire on the date that is last calendar day of the sixtieth (60th) month thereafter (the "Expiration o Date"). Upon the expiration of the Initial Term, this Agreement shall be automatically renewed for w consecutive twelve (12) month periods unless, at least thirty (30) days prior to the end of any applicable renewal period, either party gives the other party written notice of its intent to terminate this 3 Agreement, whereupon this Agreement shall terminate on the last day of such thirty (30) days period. 0 V. INDEMNITY -a To the extent permitted by Washington law, the EPD agrees to indemnify, defend, and hold harmless the School Board. its officers, staff, employees and agents, against any and all claims, suits, damages, and causes of action arising out of the EPD's use of the System and Agency Account pursuant to this Agreement, including but not limited to, access of the Agency Account by EPD personnel for reasons not authorized under this Agreement. VI. NOTICE All notices required by this Agreement, unless otherwise provided herein, by either Party to the other shall be in writing, delivered personally, by certified or registered mail, return receipt requested, or by Federal Express or Express mail, and shall be deemed to have been duly given when delivered personally or when deposited in the United States mail, postage prepaid, addressed as follows: School Board of Edmonds School District Edmonds Police Department Attn: Superintendent Edmonds School District 20420 68th Avenue W Lynnwood, WA 98036 Attn: Chief of Police Edmonds Police Department 250 Fifth Avenue N Edmonds, WA 98020 Packet Pg. 5 2.1.a VII. COMPLIANCE WITH APPLICABLE LAWS It is the intent of the Parties that this Agreement will comply with all applicable laws and regulations that might pertain to it. Should the validity of this Agreement be challenged at any point by a relevant authority, the Parties may engage in a declaratory action to seek guidance from the Courts on this issue. The Parties shall be bound by the Court's decision in a declaratory action brought by either Party pursuant to this section. VIII. SEVERABILITY The Parties recognize and agree that should any clause(s) herein be held invalid by a court of competent jurisdiction, the remaining clauses shall not be affected and shall remain in full force and effect. IX. COUNTERPARTS This Agreement may be executed in one or more counterparts, all of which together shall constitute .° only one agreement, o X. WAIVER w 3 A waiver by either Party of a breach or failure to perform hereunder shall not constitute a waiver 0_ of any subsequent breach or failure to perform. Any waiver of any requirement provided for by this Agreement does not relieve the EPD of the obligations contained in the indemnification -a provision of this Agreement. c XI. CAPTIONS The captions contained herein are used solely for convenience and shall not be deemed to define or limit the provisions of this Agreement. XII. ENTIRE AGREEMENT The Parties hereto agree that this Agreement supersedes any and all prior agreements and/or assurances, whether oral or in writing. XIII. GOVERNING LAW AND VENUE This Agreement shall be construed in accordance with the laws of the State of Washington. Any dispute arising hereunder is subject to the laws of Washington, venue in Snohomish County, Washington. The prevailing Party shall be entitled to reasonable attorney's fees and costs incurred as a result of any action or proceeding under this Agreement. Signature pages follow: Packet Pg. 6 2.1.a EDMONDS SCHOOL DISTRICT 'Rebecca Miner, Superintendent Dated: Approved as to Form: -A//r' Attorney for Edmonds School District STATE OF WASHINGTON ) ss COUNTY OF ) On this I (th day of -D CC:r'v119e (—, 2024, before me, the undersigned, a Notary 0 w s 3 0 M Public in and for the State of Washington, duly commissioned and sworn, personally appeared Rebecca Miner, Edmonds School District Superintendent, 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. &',� V'M�— Notary Public NOTARY PUBLIC State of Washington My commission expires: ERIN VERSCHOOR COMM. # 210391 01I 262-7 MY COMM. EXP. 09/01/2027 Packet Pg. 7 2.1.a EDMONDS POLICE DEPARTMENT Michelle Bennett, Chief of Police Dated: Approved as to Form: Office of the City Attorney STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH ) 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 Michelle Bennett, Edmonds Chief of Police, 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: Packet Pg. 8 2.2 City Council Agenda Item Meeting Date: 01/21/2025 2025 Animal Kenneling Services Agreement with PAWS (Progressive Animal Welfare Society) Staff Lead: Assistant Chief Rod Sniffen Department: Police Services Preparer: Alexandra Ehlert Background/History The Police Department maintains an agreement with PAWS as part of our Animal Control efforts. The PAWS facility is used by our staff and residents to shelter and re -home dogs and cats, rehabilitate injured or orphaned wildlife, and care for homeless pets. There are limited options in Snohomish County for these services and PAWS is local to the Lynnwood/South County Region. The City of Edmonds has partnered with PAWS for 10+ years for kenneling and animal services. PAWS costs are negotiated in this agreement. PAWS charges the city a per animal fee that includes any and all services associated with that animal and up to 72 hours of kenneling. A per day fee beyond the 72 hours is levied if they keep the animal housed longer, which must be requested by the city in writing. Pet owners must pay a fee to PAWS when claiming their animal. This fee offsets what PAWS charges the city by a nominal amount (ex. City is charged $238 to drop off the animal, the owner pays $20 to claim it back). Entering this agreement with PAWS will not impact the current budget. We have a budget line for PAWS fees within professional services. In 2024, we estimate total charges to be $17,402 (November and December 2024 invoices are yet to be paid). For 2025, we set this budget at $19,000 and do not anticipate costs going above this amount. The fee paid by pet owners to retrieve their animal is controlled by ECC 5.05.030. We have been developing a proposal to modify this ordinance and increase the fee animal owners must pay to retrieve their pets. With this increase, the offset for fees we pay PAWS will be much greater, thus reducing the fiscal impact this service has on the city. A proposal will be brought forward in a separate council action to modify ECC 5.05.030. This Kenneling Services Agreement was approved as to form by Sharon Cates on 1/7/25. Staff Recommendation Council approve the Mayor to sign the 2025 PAWS Animal Kenneling Services Agreement Narrative Attachments: DRAFT PAWS Animal Kenneling Services Agreement 1.8.2025 Packet Pg. 9 2.2.a 01 [ VAI ,ROSEN �``� City of Edmonds MIKE MAYOR 121 FIFTH AVENUE N. • EDMONDS, WA 98020 • 425-771-0251 ANIMAL KENNELING SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereafter referred to as the "City", and Progressive Animal Welfare Society, hereafter referred to as "PAWS". WHEREAS, the City has determined by ordinances to regulate animals within the city limits, including licensing, prevention of at -large animals, and preventing animal nuisances; and WHEREAS, PAWS is a nonprofit organization duly organized under the laws of the State of Washington; and WHEREAS, the City has no animal kenneling services of its own; and N 0 N WHEREAS, the City and PAWS desire to enter into a contract defining the rights and CD responsibilities of PAWS and the City with respect to animal kenneling; OR NOW, THEREFORE, In consideration of the mutual covenants herein contained, PAWS and the City hereby mutually agree 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 specifics noted below. A. General Description. The Specific Scope of Work can be found in Exhibit A, incorporated by this reference fully as if herein set forth. B. Term and Termination. This Agreement shall be effective from January 1, 2025 through December 31, 2025. In the event that the period covered by this Agreement shall expire without the benefit of a new agreement, the rate schedule then in effect as of the date of contract expiry shall continue until such time as PAWS and the City agree to an amended rate schedule, provided that either party may, upon sixty (60) days' advance written notice, issue notice of termination, which shall not require cause, and after expiry of notice, the Agreement shall be of no further force or effect. Either parry may terminate this Agreement for cause upon the deposit of written notification in the U.S. Mail, postage prepaid, addressed to the regular mailing address of each parry. "Cause" shall mean the material breach by the other party of any provision of this Agreement. Upon Packet Pg. 10 2.2.a 2025 Animal Kenneling Services Agreement, Page 2 receipt of this notification, the breaching party will have ten (10) business days to cure the breach. If the breach is not cured by the end of that time period, or some other reasonable time period mutually agreed to by the parties, the termination will become effective at that time. 2. Payments. PAWS shall be paid by the City for completed work or 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. Amount. Payment for work accomplished under the terms of this Agreement shall be set forth in Exhibit A. B. Process. All vouchers shall be submitted by PAWS to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to PAWS. PAWS may submit vouchers to the City as Y set forth in Exhibit A for services performed and accepted by the City. Billing shall be reviewed in conjunction with the City's warrant process. No voucher / a billing shall be considered for payment that is not sufficiently detailed to verify LO validity thereof, and that has not been submitted to the City three (3) days prior N 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. N CD C. Record Retention. The costs, records and accounts pertaining to this Agreement r 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 4) request. La 3. Ownership and use of documents. Any and all data gathered and documents and other work product prepared by PAWS in providing the services rendered by PAWS under this Agreement shall be and are the property of PAWS and shall not be considered public records; provided, however, that: A. Final Document. All final reports, presentations and testimony prepared by PAWS shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. Copies. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of PAWS, copy any work product. C. Default. In the event that PAWS 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 PAWS, 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. 2 Packet Pg. 11 2.2.a 2025 Animal Kenneling Services Agreement, Page 3 4. Hold harmless agreement. PAWS shall defend, indemnify, and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees resulting from the negligent, gross negligent and/or intentional acts, errors or omissions of PAWS, its agents or employees arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence or intentional acts of the City. PAWS specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its agent, employees, representatives, or subcontractors and waives any immunity that PAWS may have under that title with respect to, but only to, the City. PAWS further agrees to fully indemnify the City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. It is further specifically and expressly understood that the indemnification provided herein constitutes PAWS' waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The City shall defend, indemnify, and hold PAWS, its officers, officials, employees and E volunteers harmless from any and all claims, injuries, damages, losses or suits including a attorney fees resulting from the negligent, gross negligent and/or intentional acts, errors or LO omissions of the City, its agents or employees arising out of or in connection with the N performance of this Agreement, except for injuries and damages caused by the sole negligence or intentional acts of PAWS. The provisions of this section shall prevail over o any conflicting provision in this Agreement and shall apply to damages or claims resulting 00 from the concurrent negligence of the parties to the extent of each party's negligence. y 5. Insurance. PAWS shall secure and maintain in full force and effect during performance of all work pursuant to this Agreement a policy of business general liability insurance providing coverage of at least $1,000,000 per occurrence and aggregate for personal injury; and $1,000,000 per occurrence and aggregate for property damage. Insurance policies shall name the City as a named insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. The coverage limits provided herein are neither intended nor shall they cap PAWS' liability resulting from breach of contract, warranty, negligence or any other act of tort. 6. Discrimination prohibited. PAWS 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. 7. PAWS is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of PAWS shall be deemed to be an agent, employee or representative of the City for any purpose. PAWS shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 3 Packet Pg. 12 2.2.a 2025 Animal Kenneling Services Agreement, Page 4 8. City approval of work. Notwithstanding PAWS' status as an independent contractor, results of the work performed pursuant to this Agreement must meet the City's approval. 9. Termination for lack of appropriation. Notwithstanding any other provision in this Agreement, this Agreement shall terminate if the Edmonds City Council at its discretion does not appropriate the funds necessary for the City to perform its obligations under or provide the services for which it has entered into this Agreement. 10. Changes/Additional work. The City may engage PAWS to perform services in addition to those listed in this Agreement, and PAWS 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 a written amendment 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 PAWS to render services, or the City to pay for services rendered, in excess of the payments discussed in Section 2.A, except as the parties may agree with respect to additional work under this paragraph or unless and until an amendment to this Agreement is approved in writing by both parties. 11. Standard of care. PAWS represents that it has the necessary knowledge, skill and 0 experience to perform the services required by this Agreement. PAWS and any persons c employed by PAWS shall use their best efforts to perform the work in a professional manner 00 consistent with sound practices, in accordance with the usual and customary professional r t care required for services of the type described in the Scope of Work. 12. Supervision of employees. PAWS is responsible for the direct supervision of its employees, and a supervisor shall be available during PAWS' business hours to confer with the City with regard to services. PAWS commits that its services will be performed by careful and efficient employees trained in the best practice and highest standards imposed by PAWS. 13. 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. 14. Non -assignable. The services to be provided by PAWS shall not be assigned or subcontracted, except in the course of operation of its foster care program, without the express written consent of the City. 15. Covenant against contingent fees. PAWS warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for PAWS, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for PAWS, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award 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 4 Packet Pg. 13 2.2.a 2025 Animal Kenneling Services Agreement, Page S or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. Compliance with laws. PAWS 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 individuals, and any other standards or criteria as described in the Agreement to assure quality of services. PAWS specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. The City shall provide PAWS with current copies of all applicable policies, procedures, and City ordinances upon execution of this Agreement and shall provide PAWS with reasonable notice of the adoption of any amendments to such policies, procedures or ordinances affecting PAWS' performance under this Agreement. 17. Notices. Notices shall be sent to the following address, with receipt of any notice being deemed effective three (3) days after deposit of written notice. City of Edmonds PAWS c c/o Scott Passey, City Clerk c/o Jennifer Convy, Senior Director of Wildlife, LO City of Edmonds Companion Animal and Education Services N 121 Fifth Avenue North Progressive Animal Welfare Society, Inc. Edmonds, WA 98020 PO Box 1037 0 425-775-2525 Lynnwood, WA 98046 Ci OR 425-412-4031 r 18. Severability. This Agreement shall be read and interpreted as a whole, except that the headings for each numbered paragraph are for descriptive purposes and shall not prevail over the provision which they head. Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and PAWS, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision; provided, however, in the event that paragraph 7 (PAWS is an independent contractor) is held to be void, this Agreement shall be at an immediate end, subject to payment of any outstanding vouchers pursuant to paragraph 2. 19. Integration. The Agreement between the parties shall consist of this document and Exhibit A, attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties as provided in paragraph 10 (Changes/Additional work). In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 20. Venue and jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Any dispute arising out of any alleged breach of this Agreement shall first be submitted to non -binding mediation for resolution. If the dispute is not resolved in mediation, the dispute may be pursued through litigation or other 5 Packet Pg. 14 2.2.a 2025 Animal Kenneling Services Agreement, Page 6 alternative dispute resolution process agreed upon in writing by the parties. Venue for any such proceeding shall be in Snohomish County, Washington. With regard to mediation, litigation, or other alternative dispute resolution process, each party will be responsible for its own attorney fees and costs and will split evenly the costs associated with the mediator's or other alternative dispute resolution process provider's services. 21. Force Mai eure. The parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. DATED THIS DAY OF JANUARY 2025. Y �a E E CITY OF EDMONDS PROGRESSIVE ANIMAL WELFARE SOCIETY Q LO N O N 0 N Mike Rosen, Mayor Heidi Wills Yamada, CEO N 00 ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Jennifer Convy, Senior Director of Wildlife, Companion Animal and Education Services 6 Packet Pg. 15 2.2.a 2025 Animal Kenneling Services Agreement, Page 7 STATE OF WASHINGTON ) )ss COUNTY OF SNOHOMISH ) On this day of 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jennifer Convy, Senior Director of Wildlife, Companion Animal & Education Services for the Progressive Animal Welfare Society, 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 she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC N My commission expires: N N O N O 7 Packet Pg. 16 2.2.a 2025 Animal Kenneling Services Agreement, Page 8 Exhihit A 1. Undertakings of PAWS. 1.1 PAWS will furnish animal kenneling services to the City. Such services shall be provided following the best practices for animal shelters as established by the "Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters." To prevent the spread 4) P of disease, PAWS will follow medical protocols for vaccines and parasite prevention as established a by the PAWS veterinary team. If an impounded animal from the City requires additional medical care during the applicable holding period, as set forth in paragraph 1.6, below, PAWS will notify the City as soon as practicable that such medical care services will be provided. PAWS will seek 4) reimbursement for such services from the animal's owner and not from the City; unless the City CO has instructed PAWS to provide the additional specific care for the animal(s). Animal kenneling services provided pursuant to this Agreement shall include kenneling and holding animals at the p p g g g = facility operated by PAWS, releasing animals to owners, taking photographs of animals to post Y online as appropriate, and disposing of animals in a responsible and lawful manner, including adoption or transferring to another agency animals not claimed by owners after the period prescribed by ordinance and this Agreement. PAWS will provide spaying and neutering and a microchipping services in conjunction with its adoption services, and not as part of its kenneling c services. Spaying/neutering and microchipping will also be offered to guardians reclaiming their stray cat or dog. Guardians reclaiming their animal will pay for spaying and neutering services; N and all adopted animals will be microchipped, spayed or neutered, provided it is deemed medically CD safe by the PAWS veterinarian, per PAWS' policy. PAWS will be open during its ordinary, established business hours for stray and lost -and -found services. c 1.2 In addition to animals brought in by the City's Animal Control, other City officials, or citizens, PAWS agrees to accept animals seized or found within the city limits of Edmonds that are brought to PAWS by Lynnwood or Mountlake Terrace Animal Control officers under mutual aid when Edmonds has no Animal Control on duty. Mutual Aid for the purposes of this Agreement means only those animals that have been picked up within the city limits of Edmonds by Lynnwood or Mountlake Terrace Animal Control officers. 1.3 PAWS shall provide veterinary care at the discretion of PAWS' Senior Director of Wildlife, Companion Animal & Education Services or, in her absence, her designated representative (collectively "Shelter Manager"). If agreed upon by the Shelter Manager and a licensed veterinarian, ill or injured stray animals, whether licensed or not, whose owners cannot be notified, because the animal has no identification that is traceable or the owner cannot be reached by a single phone call, may be euthanized if the animal is in pain that cannot be relieved by such care as the shelter staff can reasonably provide. PAWS shall have a policy and procedure to follow to euthanize the animal and to reach the owner. When reasonably possible, PAWS shall recover costs from the owner of the animal for such veterinary treatment prior to release of the animal or euthanasia procedure. Unclaimed and unadoptable animals will be humanely euthanized and disposed of off -site. Disposal within the terms of this Agreement also includes disposal of dead animals that are picked up by the City as part of its animal control services or animals that die in PAWS' care. PAWS, at its discretion, may decline to provide disposal services for residents 8 Packet Pg. 17 2.2.a 2025 Animal Kenneling Services Agreement, Page 9 of the City when the deceased animal in question is owned by the resident or his/her immediate family, and/or has been euthanized by a private veterinarian. 1.4 PAWS agrees to abide by and strictly follow any and all procedures of Chapter 5.05 of the Edmonds City Code ("ECC"), as now and hereafter amended, regulating animals, particularly as they relate to the length of impoundment before disposing of any animals. PAWS and the City agree that Chapter 5.05 ECC, as now or hereafter amended, shall be incorporated by reference herein and shall be part of this Agreement as if set forth in full herein. 1.5 PAWS agrees not to release any kenneled animal to any person until PAWS is reasonably satisfied that the person has paid all applicable license, kenneling, and other fees to the appropriate agency, including the City. The City shall be responsible for the preparation of all reporting, fee collection and any accounting relating to such reporting and collecting. 1.6 Except as provided in paragraphs 1.3 and 1.4 above, PAWS agrees not to dispose of a any animal before seventy-two (72) hours upon receipt of receiving said animal from the City, Y excluding previously designated holidays being observed by PAWS, nor shall PAWS release any animal which has not been either spayed or neutered by a veterinarian in accordance with a procedures established by the City or has been designated by an agent of the City or such LO veterinarian as an inappropriate candidate for surgery, as such term is defined in Chapter 5.05 N ECC. Licensed, tagged, or identifiable animals will be held for ten (10) days by PAWS. Animals held under RCW 16.52.085 will be held for fifteen (15) business days. N CD 1.7 If not claimed by an owner during the applicable holding period, an animal shall immediately become the property of PAWS. Disposition of the animal is then at PAWS' discretion; provided, however, that: PAWS shall not dispose of the animal while any legal 4) proceedings of which it has notice and relating to the disposition of that animal are pending or in 2 contravention of any court order of which it has notice. a 1.8 PAWS and the City agree to work collaboratively on promoting adoptions of those animals brought to PAWS by the City. Adoptions shall be made in as timely a manner as possible and an animal's time in shelter shall be kept to a minimum. Persons adopting animals brought to PAWS and otherwise subject to the provisions of this Agreement will be solely responsible for paying all reasonable fees and costs charged by PAWS for its care and sheltering of the animal, in addition to applicable licensing fees, microchipping charges or other fees that PAWS, in its discretion, may charge. 1.9 PAWS reserves the right to refuse all animals other than dogs or cats, where, in PAWS' opinion, it does not have the facilities appropriate or available to accommodate the needs of such animal. PAWS further reserves the right to refuse any animal if the animal shelter is at its maximum capacity. The Shelter Manager shall have the authority to make such determinations. 1.10 The Shelter Manager can decline an owned animal that needs to be placed on "bite quarantine" if the City's Animal Control Officer approves that the animal can remain at the owner's house or be housed at another boarding facility or veterinary clinic at the owner's sole expense. 9 Packet Pg. 18 2.2.a 2025 Animal Kenneling Services Agreement, Page 10 2. Undertakings of the City. 2.1 In consideration of the services performed, the City shall pay to PAWS the sum of Two Hundred Thirty Eight Dollars ($238) per animal, which shall include costs of medical care and spay/neuter services as set forth in paragraph 1.1 above. This amount shall be adjusted in 2025 and 2026 by an amount equivalent to the June Seattle -Tacoma -Bellevue CPI-U for the preceding year not to exceed 4% (the sum shall be rounded up to the nearest dollar); PROVIDED, HOWEVER, that the renewal of the Agreement is subject to an appropriation of funds by the Edmonds City Council for future annual terms. If the City Council fails to appropriate funds for kenneling services, this Agreement shall expire at the end of the last term for which an appropriation has been made. 2.2 PAWS may also charge the City a per day fee of Twenty -Five Dollars ($25.00) per animal for animals held, at the City's written request, beyond the time periods specified in Section 1.6 of this Exhibit A. In the event of legal proceedings or court order, the City will provide PAWS with prompt written notice of the same and direct that the animal shall be held until further notice. 2.3 The City and PAWS may collaborate to promote responsible guardianship and attempt c to reduce future sheltering and animal control costs. The City may continue to support the LO community's movement to a safer and more humane environment by participating with PAWS as N follows: N O a) The City will continue to ensure that information on lost/found pets and licensing information OR is presented on the City website including appropriate links to PAWS and animal control r information. b) The City may work with PAWS to be visible in the community through appropriate and available city events and educational information. 10 Packet Pg. 19 2.3 City Council Agenda Item Meeting Date: 01/21/2025 Employment Agreement - Executive Assistant to City Council Staff Lead: Council President Tibbott Department: City Council Preparer: Beckie Peterson Background/History The City Council may, pursuant to ECC 2.03.010, hire a contract employee on an annual basis to serve as its Executive Assistant. The contract is to provide for the delegation by the Mayor of the day-to-day employment direction of this individual to the City Council President. Recommendation Review the draft employment agreement for Rebecca Black Peterson for 2025, make recommendations for changes and direct the city attorney to finalize an employment agreement for full council approval on a future consent agenda. Narrative Rebecca Black Peterson has been asked by the 2025 Council President to continue in the position Executive Assistant to Council. The current employment contract expires on January 31, 2025. This draft employment agreement has been drafted by Sharon Cates of Lighthouse, and reviewed by Human Resources. Attachments: 2025 Employment Agreement - CC Executive Assistant - Rebecca Black Peterson Packet Pg. 20 2.3.a EMPLOYMENT AGREEMENT EXECUTIVE ASSISTANT TO CITY COUNCIL WHEREAS, the City Council of the City of Edmonds, Washington (hereinafter "City Council") utilizes the services of an Executive Assistant to perform a variety of confidential tasks related to its legislative and research functions; and WHEREAS, the Mayor of the City of Edmonds is by state statute the chief administrative officer of the City, invested with the power to hire and fire employees and to direct their day-to-day activities; and WHEREAS, in the interest of fostering an appropriate working relationship between the Executive Assistant and the City Council, the Mayor has evidenced his wish to delegate the day-to-day responsibility for the direction of said employee to the City Council's President; and WHEREAS, with the Mayor's consent, the City Council wishes to fill the position of Executive Assistant with an employee specifically answerable to the Council, under specific, limited terms and conditions governed by the provisions of this employment agreement and not subject to the general personnel policies of the City; NOW, THEREFORE, the City of Edmonds, Washington and Rebecca Black Peterson (hereinafter "Employee") do hereby enter into this agreement for employment services ("Agreement"). The Employee's employment will be governed exclusively by the provisions of this Agreement unless otherwise provided herein. 1. Term of Employment: This Agreement will take effect as of February 1, 2025 and will expire on January 31, 2026 unless extended pursuant to its terms. Thereafter, this Agreement may be extended for an unlimited number of terms of one (1) calendar year duration at the sole discretion of the City Council. The purpose of this term is to permit an annual review of the performance of the Employee by the outgoing City Council President in order that the City Council President may determine whether or not it is appropriate to renew this Agreement for an additional term. It is one of the basic understandings of this Agreement that the Employee will work closely with the City Council President and the City Council. As such, this position will be one in which the confidence of the City Council President and City Council will be essential to the proper performance of the Employee's duties. Therefore, the City Council reserves the right not to renew this Agreement, or to terminate this Agreement as herein provided, in order to preserve that confidence and a feeling of confidentiality between the City Council President, the City Council and the Employee as Executive Assistant. 2. Duties: The Employee will serve as the Executive Assistant for the City Council and complete legislative research when requested by Council. The Employee will be under the general day-to-day direction of the City Council President and will provide such assistance as may be necessary to individual members of the City Council. In the event of a conflict in direction between Council members, the Employee will rely upon Packet Pg. 21 2.3.a 2 2025 Employment Agreement Executive Assistant to City Council the direction of the City Council President. A generalized description of the duties of this position is attached hereto as Exhibit A and incorporated herein by this reference. The listing of duties in Exhibit A is intended as a descriptive tool only, and will not limit the City Council President or City Council to make task assignments; provided, however, that such duties be linked to the City Council President's Office and the legislative function of the City Council and will, in all respects, be governed by statutory, constitutional and ordinance limitations on the duties of public employees. The City Council President, by their signature below, specifically represents that the Mayor has delegated his statutory authority to direct the day-to-day duties of this Employee to the City Council to be exercised by and through the City Council President. This delegation is revocable by the Mayor and will not be binding on the subsequent elected or appointed mayors unless ratified by them. 3. Hours of Work: This is a full-time position. The Employee will work office hours as assigned and directed by the City Council through the City Council President. Such hours may normally be worked Monday through Friday between 8:00 a.m. and 5:00 p.m., with any appropriate meal and rest periods as required by law. In addition, the Employee may perform assigned work off site. Such hours will be within prescribed limits and approved by the City Council President. It is anticipated that the Employee will work up to 40 hours per week to successfully perform the required work. This general description of working hours will not limit the ability of the City Council President to change the working schedule or adjust it from time to time. 4. Wages and Benefits: The wages set forth in this Section 4 hereby provide for a base rate of $53.45 per hour, which is Step 5 of pay range NR-33. This rate will go into effect on February 1, 2025; provided, however, that this position is impacted by the non - represented employee furloughs adopted by the City Council for 2025, constituting twelve (12) days off work without pay during the calendar year. The Employee will schedule these furlough days with the approval of the City Council President. The impact of these furlough days is to reduce the Employee's annual compensation from $111,180 to $106,048.62. The Employee will move through the NR-33 pay range per the non - represented employee compensation policy. Step progressions will take place on February 1 of each year. In addition, the Employee will receive any annual COLA that the Council chooses to give non -represented employees. The Employee is eligible to participate in all benefits provided to non -represented employees as approved by the City Council, unless explicitly excluded. Such benefits will be provided pursuant to City policy and include, but are not limited to, insurance, sick leave, vacation, and holiday pay. The City will pay the applicable employer's portion of Medicare, PERS retirement, Municipal Employee Benefit Trust (MEBT), Washington State Industrial Taxes, and such other payments or benefits as may be required under the provisions of state and federal law based upon the number of hours worked. MEBT benefits will be provided as required by law or by the provisions of a plan document. "Plan Document" will mean for the purposes of this Agreement the MEBT or other contract, or policy documents, which require, by their terms, the participation of all qualified employees. Packet Pg. 22 2.3.a 3 2025 Employment Agreement Executive Assistant to City Council The City will allow the Employee to use payroll deduction (Premium Only Plan) to pay for the Employee's cost of insurance benefits. The City's payment is contingent on the Employee's qualification for such insurance program in accordance with Plan Documents and does not constitute an obligation to pay a sum in lieu of insurance or premium. The Employee may participate in any insurance opt -out program established by the City Council for non -represented employees. The Employee may participate in the City's Flexible Spending Account benefit at the Employee's expense. The provisions of this Agreement will control over any conflicting provision of the City ordinances, City Personnel Policy Manual, any collective bargaining agreement or any other general grant of benefits to City employees. 5. Confidentiality: One of the basic purposes of this Agreement is to provide an employee who serves in a confidential capacity to the City Council and its City Council President. The Employee acknowledges that they have been informed of the necessity for confidentiality and understands that they will report directly to the City Council President any matter which they feel would breach such confidence or confidentiality. In the event of any apparent conflict between the needs of the City Council and that of the City in general, the Employee will report such matter to the City Council President and rely on their direction. In keeping with this confidential relationship, the Executive Assistant position will not be a part of a collective bargaining unit or subject to any collective bargaining agreement. 6. Termination of Agreement: The parties acknowledge that this employment agreement creates an at -will employment relationship that may be terminated at any time, with or without cause, by either parry. This paragraph will control and supersede any portion of this Agreement that might otherwise be construed as in any way altering the Employee's at -will status. 7. Indemnification: As an employee of the City, the Employee will have the right to indemnification by and on behalf of the City for actions taken in the scope of her employment in accordance with the provisions of Chapter 2.06 of the Edmonds City Code as same exists or is hereafter amended. 8. Entire Written Agreement: This document represents the entire agreement, written or oral, between the parties. No representation or other oral agreement by either party will survive the execution of this document. This document will be amended only upon the express written agreement of both parties. The City Council President will confer with the Mayor regarding any change. 9. Severability: The provisions of this Agreement will be severable. In the event that any provision hereof is held to be void, illegal, or unenforceable, the remaining provisions will survive; PROVIDED, however, that in the event the provisions of paragraph 5, relating to the exclusion of this position from any collective bargaining unit, or of paragraph 6, relating to this Agreement as one of at -will employment, are/is held to be unenforceable, invalid, or void, this Agreement will immediately be at an end. Packet Pg. 23 4 2.3.a 2025 Employment Agreement Executive Assistant to City Council 10. Effective Date: The effective date of this Agreement will be the date set forth below. DONE THIS day of January 2025. CITY OF EDMONDS: EMPLOYEE: Neil Tibbott, Rebecca Black Peterson City Council President Packet Pg. 24 2.3.a 5 2025 Employment Agreement Executive Assistant to City Council EXHIBIT A EXECUTIVE ASSISTANT Scope of Work/Position Duties POSITION PURPOSE: Under direction of the Council President, provides public contact and complex clerical/administrative and research support to the Council. Plans and performs complex administrative office coordination to assures smooth, timely and efficient office operations for the department or assigned office; researches, collects, analyzes and compiles data and information for inclusion in reports; maintains records, files and budgets related to departmental operations, programs and expenditures. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbents) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Researches, collects and analyzes background data on pending legislative matters as requested. • Schedules meetings for Council and individual Council members; prepares agenda memos for Council. • Attends Council meetings as needed, prepares requested reports, minutes, agendas, correspondence and other materials as appropriate and according to decisions and approved actions. • Assists Council President in drafting budget and planning of various Council events and functions including coordinating arrangements for meeting facilities, equipment and refreshments as appropriate; coordinates management of legislative priorities with Council President. • Coordinates and prepares press releases for Council as requested and/or various community relations. • Plans and performs complex administrative office coordination; relieves the Council President of technical clerical and administrative duties having Council - wide impact. • Completes PSR's for the department, enters payroll into the City's financial accounting software for the department and processes Council accounts payables. • Performs various administrative duties including answering telephones and greeting visitors; provides information in person or on the telephone or refers to appropriate department personnel; opens, screens and routes mail. • Maintains calendars relating to Council events as requested; schedules appointments and conferences; assists with travel reservations and vehicle check - in and checkout for Council as requested. Packet Pg. 25 6 2.3.a 2025 Employment Agreement Executive Assistant to City Council • Composes, prepares and types a variety of correspondence, memos, reports and other materials and proofreads materials to assure accuracy and completeness. • Administers and oversees contracts, Interlocal Agreements and other agreements entered into by the City Council. • Organizes and coordinates office functions, activities and communications; assures efficient workflow and office operations. • Must be able to work independently under direction of Council President to complete assignments. • Maintains accurate financial records and files pertaining to departmental expenditures, budget balances and operations; prepares status reports, charts and other documents as requested; prepares and coordinates purchase of office supplies, equipment and other expenditures. • Manages and maintains all records as required by State and Federal law; including, but not limited to, records related to City elections, and records pertaining to State audit requirements. • Provides staff support and administrative assistance to various boards and committees; prepares reports, agendas, correspondence and other materials as appropriate and according to decisions and approved actions. • Manages and maintains website for Council and provide website support/administration for Council and any Council -related assigned boards, committees, groups and/or events. • Maintains files and records related to Council activities/business and retains and purges records as needed under the Washington State records retention and archiving rules. • Operates office machines including: computers, copiers, calculators, fax machines and other equipment as assigned. • Performs a variety of special duties, projects or activities of the Council Office. Required Knowledge of: • City organization, procedures, federal and state laws. • Administrative functions and operations of a City government. • Legislative processes, research methods, data collection and statistical analysis. • Accurate, lawful, and efficient record -keeping techniques. • Budget monitoring and control including proficient skills in mathematics. • Interpersonal skills using tact, patience and courtesy. • Principles of customer service and public relations. • Proper telephone etiquette. • Effective oral and written communication principles and practices. Packet Pg. 26 2.3.a 2025 Employment Agreement Executive Assistant to City Council • Modern office procedures, methods, and equipment including computers and computer applications and software programs sufficient to perform assigned work. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. Required Skill in: • Computer applications to include Microsoft Office Suite (such as Word, Excel, Outlook, PowerPoint, etc.). • Tracking and researching legislative bills. • Assisting in the management of workload items for 7 Council members who may have, at times, competing interests. • Performing technical clerical and administrative duties having department -wide impact. • Planning and performing technical administrative office coordination duties. • Maintaining records, files, and information in compliance with laws, policies and procedures. • Interpreting, applying and explaining rules, regulations, policies, procedures and laws. • Must be able to meet required deadlines for legislative/administrative duties/assignments. • Successfully meeting schedules and time lines. • Preparing a variety of reports, logs, records and files related to assigned activities. • Maintaining confidentiality of sensitive information, including confidentiality between staff and Council members; working confidentially with discretion. • Being flexible and able to work with diverse personalities. • Researching a variety of subjects and presenting information in an efficient, accurate manner. • Utilizing personal computer software programs and other relevant software affecting assigned work. • Working with diverse interest groups with potentially competing priorities. • Establishing and maintaining effective working relationships with elected officials, staff (other departments), management, vendors, outside agencies, community groups and the general public. • Meeting schedules and time lines and ability to work independently. • Communicating effectively verbally and in writing including public relations and customer service. Packet Pg. 27 2.3.a 2025 Employment Agreement Executive Assistant to City Council MINIMUM QUALIFICATIONS: Education and Experience: Any combination equivalent to: graduation from high school including or supplemented by course work in political science, business administration, office management, office administration or related field and three years of increasingly responsible administrative office support experience including research work. Previous work experience in a legislative environment and/or role preferred. Required Licenses or Certifications: Valid State of Washington Driver's License. Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: • Office environment. • Constant interruptions. • The employee may be required to work some evenings (Tuesday night Council meetings) and occasional weekends for Council events as necessary. • Must be able to work in a solitary environment. Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Reading and understanding a variety of materials. • Operating/using a computer keyboard and other office equipment. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, kneeling or crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting up to 201bs. Hazards: • Contact with angry or potentially upset individuals. Packet Pg. 28 2.4 City Council Agenda Item Meeting Date: 01/21/2025 Ordinance to update ECC 2.15.060 Judges pro tem Staff Lead: Council President Tibbott Department: City Council Preparer: Beckie Peterson Background/History Current Edmonds City Code 2.15.060 requires that qualifications for judges pro tempore have the same qualifications of judges who are appointed. ECC 2.15.030 specifies that one of the qualifications for an elected or appointed judge is that they reside in Snohomish County. Recommendation Committee approval to forward the ordinance to update ECC 2.15.060 indicating pro tempore judges need not be residents of Snohomish county to the next consent agenda. Narrative This update to ECC 2.15.060 would allow a larger pool of available pro tempore judges to serve as needed by the Edmonds Municipal Court, as well as making other appropriate changes the code. The sections amended by this ordinance have not been updated since 2006 and 2001, respectively, before Edmonds switched from an appointed judge to an elected judge. Attachments: 2025-01-14 Pro Tern Judge Ordinance Packet Pg. 29 2.4.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY CODE PROVISIONS RELATED TO THE MUNICIPAL COURT JUDGE AND JUDGES PRO TEM. WHEREAS, current Edmonds City Code 2.15.060 requires that qualifications for judges pro tempore have the same qualifications of the elected judge; and WHEREAS, ECC 2.15.030 specifies that one of the qualifications for the judge is that they reside in Snohomish County; and WHEREAS, RCW 3.50.075 states that "a part-time appointed judge ... need not be a resident of the city or of the county in which the municipal court is created;" and WHEREAS, the sections amended by this ordinance have not been updated since 2006 and 2001, respectively, before Edmonds switched from an appointed judge to an elected judge; and WHEREAS, this update to ECC 2.15.060 would allow a larger pool of available pro tempore judges to serve as needed by the Edmonds Municipal Court as well as making other appropriate updates to the code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.15.030 of the Edmonds City Code, entitled "Judges Pro Tem," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in 2.15.030 Judges — Appointme — Qualifications. A. , Packet Pg. 30 2.4.a The position of municipal court judge shall be filled by election for the term commencing on January 1, 2010, and every four years thereafter. The municipal judge shall be elected in the same manner as other elective city officials are elected to office. The term of the municipal judge shall be for four years. The mayor- shall not ap. i ' 2 0-9—Nothing in this section shall limit the mayor's authority to fill the position of municipal judge pursuant to ECC 2.15.070 or 2.15.210. C. A person elected or appointed as municipal judge shall be a citizen of the United States of America and of the state of Washington and a resident of Snohomish County; and an attorney admitted to practice law before the courts of record of the state of Washington. Section 2. Section 2.15.060 of the Edmonds City Code, entitled "Judges Pro Tem," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in 2.15.060 Judges pro tem. The municipal court judge may designate one or more persons as judges pro tempore to serve in the absence or disability of the judge ^fin, or subsequent to the filing of an affidavit of prejudice, of in addition to the appointed judge when the Qualifications of the judges pro tempore shall be the same as for judges appointed pursuant to ECC 2.15.030, except that judges pro tem shall not be required to reside in Packet Pg. 31 2.4.a Snohomish County. Judges pro tempore shall have all the powers of the duly appointed judge when serving as judges pro tempore of the court. Before entering on his or her duties, each judge pro tempore shall take, subscribe and file an oath as is taken by the duly appoin judge. Judges pro tempore shall receive such compensation as shall be fixed by ordinance. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 32 2.4.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2025, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY CODE PROVISIONS RELATED TO THE MUNICIPAL COURT JUDGE AND JUDGES PRO TEM.. The full text of this Ordinance will be mailed upon request. DATED this day of 92025. 4840-7251-8158,v. 1 il CITY CLERK, SCOTT PASSEY Packet Pg. 33 2.5 City Council Agenda Item Meeting Date: 01/21/2025 Prosecuting Attorney Contract Amendment Staff Lead: {Type Name of Staff Lead} Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History On 12/03/24, City Council approved the selection of the Walls Law Firm to continue to provide prosecutorial services for the City. City council requested specific provisions in the contract to address the current backlog, any future backlog, contract performance oversight and potential penalties for failure to meet the terms of the contract. Sharon Cates and Angela Tinker have worked with Mr. Walls to finalize the contract amendment. Staff Recommendation Forward the amendment for prosecutor services to full council for approval on consent. Narrative Please see attached contract amendment. The underlying contract is attached as well for reference. Attachments: Amendment No. 1 - Walls Law Firm PSA 1.7.2025 Walls Law Firm Prosecuting Attorney Legal Services Agreement (final) 6.14.2023 SIGNED Packet Pg. 34 2.5.a AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, a Washington municipal corporation (hereinafter referred to as the "City"), and the Walls Law Firm (hereinafter referred to as the "Consultant"), entered into an underlying agreement for the Consultant's services as the Prosecuting Attorney for the City of Edmonds Municipal Court, dated June 26, 2023 (hereinafter referred to as the "Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement ("Changes/Additional Work/Extension") provides that revisions to the terms of the agreement will be effective only upon the approval by both parties of a written amendment thereto; and WHEREAS, the City and the Consultant have agreed to add certain provisions to the Underlying Agreement, extend the term thereof, and increase the fees due to the Consultant in payment for the services to be provided; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement, which is incorporated by this reference as if fully set forth herein, is amended in, but only in, the following respects: A. Pam. The Fee Schedule set forth in Exhibit B to the Underlying Agreement, as referenced in Section 2.1 ("Compensation"), is hereby replaced with Exhibit B attached hereto. B. Extension of Term. Section 4 of the Underlying Agreement is hereby revised to read as follows: 4. Term of agreement. The term of this Agreement shall be from July 1, 2023 through June 30, 2027, unless extended or terminated according to its terms. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. C. Case Referrals. A new Section 19 shall be added to read as follows: 19. Case referrals. Case referrals are cases referred from police to the Consultant for a filing decision. The Consultant shall undertake the following measures to clear the backlog of approximately one hundred ten (110) case referrals currently in the Sector case filing system queue within six (6) calendar months of the execution of this Amendment No. 1, and to prevent any further backlog of case referrals from forming: (a) Review a minimum of twenty-five (25) of the backlog case referrals per month; Packet Pg. 35 2.5.a (b) Of the reviewed cases, file all such cases that the Consultant deems ready to file, and either process the remaining cases as declines or place them back in the queue for additional work -up or other action needed before a final filing decision may be made; and (c) For all new case referrals forwarded to the Consultant after the execution of this Amendment No. 1, review and assess each case as ready for filing, appropriate for a decline, or necessitating further work -up or other action within two (2) weeks of receipt. All cases deemed ready for filing shall be filed within that two -week period. In custody cases shall be reviewed and an initial filing decision made within twenty-four (24) hours of receipt by the Consultant. Backlog shall be considered cleared after the Consultant takes the following action on each and every backlog case referral: the case is either filed, declined, or other action needed or taken is identified and documented as required in Section 20, below. In the event the Consultant either fails to clear the entire 110-case case referral backlog within six (6) calendar months of the execution of this o Amendment No. 1 or thereafter allows a new backlog of more than thirty a (30) case referrals to accrue, the City may declare the Consultant to be in N breach of this Agreement and provide the Consultant with a written Notice N of Breach. Within ten (10) business days of receipt of the Notice of Breach, the Consultant shall provide the City with a written plan to cure the breach Cn within a reasonable period of time, not to exceed sixty (60) calendar days. a If the Consultant fails to cure the default within that period, the City may E pursue any rights and remedies available to it in law or in equity, including 3 but not limited to collecting liquidated damages. In the event the City elects to collect liquidated damages, said damages shall be one thousand dollars ($1,000.00) per calendar month that a case referral backlog remains, whether the work to clear such backlog is being pursued by the Consultant ' or by another consultant with whom the City contracts for that purpose. If o liquidated damages are used, then those damages shall be the exclusive Z monetary remedy for the breach. r_ D. Reporting. A new Section 20 shall be added to read as follows: 20. Reporting. To provide the City with regular updates on the Consultant's progress in reducing the backlog of case referrals and on the status of current caseloads, the Consultant shall submit an Excel spreadsheet of the current Sector queue of case referrals to the Human Resources Department on a monthly basis to consist of at least the following information: Case by police incident number, date of referral, current status (e.g., filed, declined, further action needed) and the date the latest action was taken. The spreadsheet shall further clearly mark the approximately one hundred ten Packet Pg. 36 2.5.a (110) backlog case referrals to identify them as the backlog. The Consultant shall submit the initial status report no later than the last day of the first full month following the execution of this Amendment No. 1. Status reports shall be due until the backlog of cases has been cleared, and thereafter upon request by the Human Resources Department. The Consultant shall also be available to meet in person or by videoconference, as requested by the City, with City officials and staff on no more than a quarterly basis for the purpose of providing a more detailed performance report. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this day of January 2025. CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney THE WALLS LAW FIRM Aaron Walls, Partner 0 N 0 N Q Cn a. E i� 3 J y Packet Pg. 37 2.5.a Exhibit B Fee Schedule 1. Base Fee. The Consultant shall receive a retainer in the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) per month, which amount shall be increased to THIRTY-FIVE THOUSAND TWO HUNDRED FIFTY-SIX DOLLARS AND FIVE CENTS ($35,256.05) per month beginning in the calendar month in which the Consultant hires a new attorney to assist with the City's prosecuting attorney services (the "Base Fee"). The Base Fee shall be full compensation for the performance of all general criminal prosecution services for the City of Edmonds Municipal Court as set forth in Exhibit A Scope of Services, including appellate work and infraction cases with an attorney or involving accidents, only excepting those services specifically listed in Section 2, below. The Base Fee will be adjusted on a yearly basis. The Consultant shall provide the City with an adjusted monthly retainer amount in writing in July of each year. The yearly adjustment shall be based on a three-year rolling average of One Hundred Percent (100%) of the June -to -June Seattle/Tacoma/Bellevue CPI-U, averaging the current year with the previous two years to determine the adjustment percentage. 2. Additional Fees. The Consultant shall bill for the following services at the rates set forth o below. If services are not expressly included in this section, they are understood to be a included in the Base Fee. N 0 N a. Non -criminal services, including but not limited to Extreme Risk Protection Orders, animal control matters, or other civil matters — $250.00 per hour a Cn a. b. Civil forfeiture cases —flat fee of $300.00 per case unless removed from a hearing E before the chief law enforcement officer, then billed at $150.00 per hour thereafter ;_ 3 In the event that the Court increases the number of court days over the amount currently in _J effect at the execution of this Agreement, including the addition of a non -attorney infraction calendar; or if a significant change in filing processes is implemented; or if the public defender caseloads are further adjusted, the parties will negotiate appropriate fees for ' additional services necessitated by such changes. o Packet Pg. 38 2.5.a of I VA 0'V 1. J' ANc.IS90 CONTRACT ROUTING FORM No. (City Clerk Use Only) E Z Originator: Jessica Neill Hoyson Routed by: RaeAnn Duarte E Q o Department/Division: HR Date: 1/7/2025 Q a Name of Consultant/Contractor: Walls Law Firm c W CONTRACT TITLE: Prosecuting Attorney PSA Amendment 1 v G T d Type of Contract: ® (GR) Grants O (1) Intergovernmental Agreement (L) Lease Agreement M 0 Z U (S) Purchase of Services W ll'- Project/Bid/RFP No: Z tom.) Effective Date: 07/01 /2023 uHas the original contract boilerplate language been modified? I.- If yes, specify which sections have been modified: pDescription V of Services: a� Public Works 0 (0) Other y 0 L a u0 Completion Date: 06/30/2027 c N Yes • No Q U) a E L u. 3 J Total Amount of Contract: y M Amount: Amount: y Budget # Budget # J Q Amount: O Amount: 1 1 1 1- Z W Budget # Budget # G Amount: Amount: � -T-FT-F-F-7 E Q Budget # Budget # c C� QAre there sufficient funds in the current budget to cover this contract? • Yes d No Q Remarks: d E M r Authorization Level: W ❑ 1. Project Manager Q ❑ 2. Risk Management/Budget Z 3. City Attorney 2 4. Consultant/Contractor N ❑ 5. Other ❑ 6. City Council Approval ❑ Date (if applicable) ® 7. Mayor ® 8. City Clerk I Packet Pg. 39 Q DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 2.5.b Z O r- a t� w c Of EDL?041. ANC. 1890 No. (City Clerk Use Only) L c CONTRACT ROUTING FORM L) 4) F L O Human Resources Name of ConsultantlContractor: I The Walls Law Firm CONTRACT TITLE: Contract for Prosecuting Services Type of Contract: (GR) Grants (S) Purchase of Services Z w 1'- Bid/RFP Number: Z El C Routed by: Emily Wagener Date: 06/23/2023 0 L (1) Intergovernmental Agreement (L) Lease Agreement (W) Public Works n (0) Other 0 Effective Date: 07/01 /2023 Has the original City contract boilerplate language been modified? F If yes, specify which sections have been modified: pDescription V of Services: Total Amount of Contract: Completion Date: 06/30/2026 OYes O No Budget # Amount: N J Budget # Amount: w c J Budget # Q Amount: V Q Z Are there sufficient funds in the current budget to cover this contract? Q Yes O No Z Remarks: Authorization Level: � Council w ❑ 1. Project Manager Q ❑ 2. Risk Management/Budget Z �✓ 3. City Attorney ❑ 4. Consultant/Contractor y ❑ 5. Other �✓ 6. City Council Approval Date (if applicable) ❑✓ 7. Mayor ❑✓ 8. City Clerk 6/20/2023 IL Packet Pg. 40 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 2.5.b PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, a Washington municipal corporation (hereinafter referred to as the "City"), and the Walls Law Firm (hereinafter referred to as the "Consultant"). WHEREAS, the City has established its municipal court under the provisions of Chapter 3.50 RCW and Edmonds City Code 2.15; and WHEREAS, the City wishes to contract with a skilled consultant with attorneys familiar with the prosecution of criminal and infraction matters involving allegations of violation of municipal ordinances; and WHEREAS, the Consultant and its attorneys are licensed to practice law in the State of Washington and have experience as prosecutors within the State of Washington; NOW THEREFORE, in consideration of the mutual promises and benefits to be derived, this Agreement is entered into on a date specified hereafter between the City and the Consultant, subject to the terms and conditions set forth below: 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 Services 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, and shall consist of the following: 2.1. Compensation. The Consultant shall be compensated in accordance with the Fee Schedule that is marked as Exhibit B, attached hereto and incorporated herein by this reference. 2.2 Fees Review. The schedule of fees provided for in paragraph 2.1 shall apply for the contract period reflected in Article 4. 2.3 Costs. The City shall be the sole obligor and shall pay all witness fees, expert witness fees (including but not limited to Speed Measuring Device Experts), interpreters' fees, and transcript and document fees determined to be necessary by the Consultant in the preparation and disposition of its cases. The City shall approve all other anticipated fees before such expense is incurred. The City will not unreasonably delay in granting approval of such expenses. The City further agrees to hold the Consultant harmless from such expenses and costs as set forth hereinabove. The Consultant intends to use an electronic case management system, the costs for which shall be negotiated by the parties. 2.4 Assistant Prosecutors. The City contracts with the Consultant for a monthly fee for prosecution services. Should the Consultant be absent, it shall be the responsibility of the Consultant to provide substitute coverage with a properly licensed State of Washington attorney, who has been previously approved by the City through its Packet Pg. 41 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 2.5.b Police Chief. In the event of a dispute regarding approval of any individual, the Edmonds City Council shall be final arbiter. All individuals providing services under this Agreement (including substitute attorneys) must wear City -issued identification when in the Public Safety Building. 2.5 Conflict Prosecutors. If a "Conflict Prosecutor" is required, such "Conflict Prosecutor" shall be approved by the City through its Police Chief. In the event of a dispute regarding approval of any individual, the Edmonds City Council shall be final arbiter. The Consultant is responsible for any costs associated with the "Conflict Prosecutor." 3. Ownership and use of documents. All City files and other documents maintained by theConsultant shall be the files of the City and accessible by the City through its City Attomeyor other duly authorized representative during normal business hours, subject to the Washington State Bar Association Rules of Ethics. At the request of the City, any and all files maintained by the Consultant shall be tendered to the City, subject to the terms and conditions of this Agreement and the Washington State Bar Association Rules of Ethics. All equipment and facilities furnished by the City shall remain the sole property of the City.Any equipment, facilities and materials provided by the Consultant shall remain the sole property of the Consultant. 4. Term of agreement. The term of this Agreement shall be from July 1, 2023 through June 30, 2026, unless extended or terminated according to its terms. Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Hold harmless agreement. The Consultant shall indemnify and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the Consultant's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims,demands or suits based solely upon the conduct of the City, its agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence o£ (a) the Consultant's agents or employees; and (b) the City, its agents, officers and employees, this indemnity provision with respect to: (1) claims or suits based upon such negligence; and/or (2)the costs to the City of defending such claims and suits shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees. 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. 6. General and professional liability insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Packet Pg. 42 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 2.5.b The Consultant shall obtain insurance of the types described below from insurers licensed to do businessin the State of Washington, and which have a current A.M. Best rating of not less than A: VII: A. Worker's Compensation and employer's liability insurance as required by the Industrial Insurance laws of the State of Washington. B. Commercial General Liability and property damage insurance shall be written on Insurance Services Office ("ISO") occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury.The City shall be named as an insured under the Consultant's Commercial GeneralLiability insurance policy with respect to the work performed for the City. Commercial General Liability insurance shall be written with limits no less than one million dollars($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate. C. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on ISO occurrence form CA 00 01 or a substitute formproviding equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Automobile Liability coverage shall have aminimum combined single limit for bodily injury and property damage of one million dollars ($1,000,000) per accident. D. Professional Liability insurance appropriate to the Consultant's profession. Professional Liability insurance shall be written with limits no less than one million dollars ($1,000,000)per claim and one million dollars ($1,000,000) policy aggregate limit. The Consultant's Commercial General Liability and Automobile Liability insurance policies are tocontain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Anyinsurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance and shall not contribute with it. 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 in the form of original certificates and copies of any amendatory endorsements required by the Agreement evidencing the insurance requirements before commencement of the work. The City reserves the right to require complete, certified copies of all required insurance policies at anytime. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 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. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days' notice to the Consultant to correct the breach, immediate terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, age, sex, marital status, sexual orientation, honorably discharged veteran or military status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental, or physical disability, the use of a trained dog guide or service animal by a person with a disability, or any other protected class status, unless based upon a bona fide occupational qualification. Packet Pg. 43 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 2.5.b 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. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasi-judicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. The attorney/client relationship is personal and involves the ability of the parties to communicate and maintain credibility. This is an agreement for legal services and given the requirements of the Agreement, the City or Consultant may terminate the Agreement for any reason upon one hundred twenty (120) days' notice. In the event of termination, work in progress will be completed by Consultant if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, Consultant will submit all unfinished documents, reports, or other material to City and Consultant will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. 11. Integration. The entire agreement between the parties shall consist of this document and the Scope of Services, attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exhibit B. 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 or Exhibit B, this Agreement shall control. 12. Changes/Additional Work/Extension. The City may engage Consultant to perform servicesin addition to those listed in this Agreement, and Consultant will be entitled to additionalcompensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional workand 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 Services, the Cityunderstands that a revision to the Scope of Services 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 Services in Exhibit A unless or untilan amendment to this Agreement is approved in writing by both parties. This Agreement may be extended for one or more years on the same terms as set forth herein upon written amendment signed by the parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound legal 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 Services. 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. Packet Pg. 44 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 2.5.b 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they/it 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 he/she/they/it 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. 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 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 & O) taxes that may be or become due on account of this Agreement. 18. Notices. Notices to the City shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: The Walls Law Firm 16300 Christensen Road, Suite 360 Tukwila, WA 98188 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS 26 day of June 2023. CITY OF EDMONDS THE WALLS LAW FIRM -DocuSigned by: DocuSigned by: Michael Nelson, Mayor Renee G. Walls, Managing Partner ATTEST/AUTHENTICATED: DocuSigned by: FPS Scott Passey, City Clerk Packet Pg. 45 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1 E5025D38 2.5.b APPROVED AS TO FORM: /DocuSigned by: Su,a. 6vu (Ah—S Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Renee G. Walls, Managing Partner of The Walls Law Firm, to me known to be the person whoexecuted 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: Packet Pg. 46 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 2.5.b The Consultant will provide the following services, which are understood to include all services relating to general criminal prosecution services, appellate work, infraction cases with an attorney or involving accidents, Extreme Risk Protection Orders, animal control matters, other civil matters, and civil forfeiture cases: Review police incident reports for determination of charging; 2. Maintain all current cases in an appropriate filing system; Review and remain familiar with filed criminal misdemeanor and gross misdemeanor cases; 4. Interview witnesses as necessary in preparation of prosecution cases; 5. Respond to discovery requests, make sentence recommendations and prepare legal memoranda, when necessary; 6. Prepare cases for trial, including the issuance of witness subpoenas (for service by the Police Department, when applicable), conduct evidence retrieval (with the assistance of the Police Department and other City agencies), and prepare jury instructions, as necessary; Represent the City at all arraignments, pretrial hearings, motion hearings, review hearings, in -custody hearings and trials on scheduled court days; Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar; Represent the City in the prosecution of drug, felony, and firearm forfeitures that are filed by the City in the Edmonds Municipal Court. Notice of Intended Forfeitures and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of Notice of Demand for Hearing; 10. Represent the City in all stages of appeals. 11. Be available to the Police Department for questions at all reasonable times, by providing appropriate telephone numbers, cell phone numbers, e-mail addresses, and voice mail access. Calls shall be returned as soon as practicable. At a time and date to be mutually agreed upon by the parties, the Consultant shall conduct yearly training with the Police Department. The Consultant maintains a business office in the City of Edmonds and Police Officers may meet with the Consultant during normal business hours, when the Consultant is available; 12. Consult with the City Attorney, as needed, regarding Edmonds City Code amendments; Packet Pg. 47 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 2.5.b 13. Community Court. The Court may institute a Community Court after consultation with the Consultant and others. The Consultant shall represent the City in Community Court hearings, which are anticipated to be located within the Edmonds city limits; 14. Defend the Edmonds Police Department in impound/tow hearings; 15. Defend the Edmonds Police Department in dangerous dog appeals and potentially dangerous dog appeals; 16. Advise the Edmonds Police Department on interpretation and implementation of new criminal laws and new laws relating to criminal laws. Services provided under this Agreement play an important part in fostering public confidence in the criminal justice system and are an important and essential part of law enforcement. All services provided under this Agreement shall be in accord with the Rules of Professional Responsibility, local court rules and the normal standard of care among prosecutors in Western Washington. Packet Pg. 48 DocuSign Envelope ID: 9E7B598E-89FA-4807-A87F-89D1E5025D38 2.5.b Exhibit B Fee Schedule 1. Base Fee. The Consultant shall receive a retainer in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) per month for performance of any and all services required to provide municipal prosecution services for the city of Edmonds, including but not limited to those services set forth in Exhibit A Scope of Services, with the exception of those specifically listed in Section 2, below. This rate will be adjusted on a yearly basis. The Consultant shall provide the City with an adjusted monthly retainer amount in writing on July 1 of each year. The yearly adjustment shall be based on a three-year rolling average of One Hundred Percent (100%) Seattle -Tacoma -Bellevue CPI-U, averaging the current year with the previous two years to determine the adjustment percentage. 2. Additional Fees. The Consultant shall bill for the following services at the rates set forth below. If services are not expressly included in this section, they are understood to be included in the Base Fee. a. Non -criminal services, including but not limited to Extreme Risk Protection Orders, animal control matters, or other civil matters — $250.00 per hour b. Civil forfeiture cases — flat fee of $300.00 per case unless removed from a hearing before the chief law enforcement officer, then billed at $150.00 per hour thereafter In the event that the Court increases the number of court days over the amount currently in effect at the execution of this Agreement, including the addition of a Community Court, or if a significant change in filing processes is implemented, the parties will negotiate appropriate fees for additional services necessitated by such changes. Packet Pg. 49