HomeMy WebLinkAbout2025-02-25 Council PacketAgenda
Edmonds City Council
REGULAR MEETING
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
FEBRUARY 25, 2025, 6:00 PM
Edmonds City Council Agenda
February 25, 2025
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1. CALL TO ORDER/FLAG SALUTE
2. LAND ACKNOWLEDGEMENT
WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH
(SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME
IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE
RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR
SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER.
3. ROLL CALL
4. PRESENTATION
1. Mayor's Finance Update (10 min)
2. Annual Report - South County Fire and Rescue (45 min)
5. APPROVAL OF THE AGENDA
6. AUDIENCE COMMENTS
THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE
AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO
THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. IF USING A
COMPUTER OR SMART PHONE, RAISE A VIRTUAL HAND TO BE RECOGNIZED. IF USING A DIAL-
UP PHONE, PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE.
7. RECEIVED FOR FILING
1. Claim for Damages for filing (0 min)
2. Updated Appointment of Board and Committee Representatives for 2025 (0 min)
Edmonds City Council Agenda
February 25, 2025
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8. APPROVAL OF THE CONSENT AGENDA
1. Approval of Council Special Meeting Minutes February 6, 2024
2. Approval of Council Special Meeting Minutes February 7, 2025
3. Approval of Council Meeting Minutes February 11, 2025
4. Approval of Council Committee B Meeting Minutes February 18, 2025
5. Approval of Council Committee of the Whole Meeting Minutes February 18, 2025
6. Approval of claim checks and wire payments.
7. Approval of payroll and benefit checks, direct deposit and wire payments.
8. Security Access Agreement (An MOU Between the Edmonds School District (ESD) and Edmonds
Police Department (EPD) for Camera Access for Emergent Safety Reasons)
9. Pedestrian/Bicycle Safety Inter-Local Agreement with WA Traffic Safety Commission
10. AWC – Alternate Response Team Grant Amendment
11. Limited Staff Services Agreement with City of Everett for Social Worker Supervision
12. Legal Assessment Committee Proposed 2025 Work Plan
9. COUNCIL BUSINESS
1. Legislation related to Design Review (25 min)
10. COUNCIL COMMENTS
11. MAYOR'S COMMENTS
ADJOURNMENT
City Council Agenda Item
Meeting Date: 02/25/2025
Mayor's Finance Update
Staff Lead: Carolyn LaFave
Department: Mayor's Office
Preparer: Carolyn LaFave
Background/History
On July 2, 2024 the council voted to have a Mayor Update as an ongoing item on all regular meeting
agendas. This was in response to a recommendation from the Mayor's Blue Ribbon Panel.
Staff Recommendation
No action, informational
Narrative
The Mayor, or another member of the administration, will answer questions about City finances that
have been requested by council in advance and will also share actions related to the fiscal emergency
that have transpired since the last update.
When there is nothing new to report, this agenda item will be the opportunity to share that there is
nothing new to report.
4.1
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City Council Agenda Item
Meeting Date: 02/25/2025
Annual Report - South County Fire and Rescue
Staff Lead: Fire Services
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
In 2005, the Washington State Legislature adopted a bill (HB 1756) that requires substantially career fire
departments to maintain policy establishing the existence of the fire department, identifying the
services provided and the basic organizational structure of the fire department, and the service
delivery/response time objectives for the fire department for those emergency services.
On November 3, 2009, the City and Fire District entered into an initial agreement for fire and emergency
medical services. The agreement was later amended in 2012 to address a fire boat, and again in January
2015. The District and the City analyzed the performance of the agreement during the period of 2010 -
2016 (the "Introductory Period") and determined that it was in their mutual interests to revise and
update the Agreement. This agreement, known as the “Restated Agreement” was executed on January
26, 2017.
Sections 8.1 and 8.2 of the Restated Agreement outline the reporting and meeting requirements related
to the provision of fire and emergency medical services in the City of Edmonds. The District Fire Chief is
required to present an annual report covering the previous calendar year to the Edmonds City Council
prior to March 1. Within 30 days of the annual report, the Edmonds City Council and Board of Fire
District Commissioners are required to convene a joint annual meeting to discuss items of mutual
interest related to the Restated Agreement.
Recommendation
For information only.
Narrative
South County Fire & Rescue will provide the 2024 comprehensive annual report to the City on fire,
paramedical services, training, prevention, and public educational activities. This report is intended to
provide our elected officials and the community with a picture of how well the fire department has
performed in meeting the adopted response objectives.
Attachments:
2017 Fire District 1 EMS-Fire Agrmt
Annual Report from South County Fire
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REVISED AND RESTATED INTERLOCAL AGREEMENT FOR
FIRE AND EMERGENCY MEDICAL SERVICES
THIS REVISED AND RESTATED INTERLOCAL AGREEMENT ("Restated ILA") by
and between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 1, a Washington
municipal corporation (the "District") and the CITY OF EDMONDS, a Washington city (the "City")
is for the provision of fire and emergency medical services (EMS).
WHEREAS, a consolidated Fire and EMS service, by a single vendor or through a
Regional Fire Protection Service Authority (RFA), has recently gained support of most elected
officials in Southwest Snohomish County; and
WHEREAS, the City and District agree that a long-term agreement between the City and
the District for fire and emergency medical services is beneficial to the City and District and their
stakeholders; and
WHEREAS, on November 3, 2009, the City and District entered into an lnterlocal
Agreement (the "Agreement") for the District to provide fire and emergency medical services to
the City beginning January 1, 2010;
WHEREAS, such Agreement was amended pursuant to a First Amendment dated April
17, 2012 to address a fire boat; and
WHEREAS, such Agreement was amended pursuant to a Second Amendment
approved on January 27, 2015; and
WHEREAS, the District and the City are authorized, pursuant to Chapter 39.34 of the
Revised Code of Washington, to enter into lnterlocal Agreements which allow the District and
the City to cooperate with each other to provide high quality services to the public in the most
efficient manner possible; and
WHEREAS, the parties have analyzed the performance of the Agreement during the
period of 2010 -2016 (the "Introductory Period") and have determined that is in their mutual
interests and the interests of their respective stakeholders to revise and update the Agreement;
and
WHEREAS, the District and City now wish to revise and restate the Agreement as
provided herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the City and District hereto agree as follows:
0. DEFINITIONS.
The following definitions shall apply throughout this Restated ILA.
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a. Adjustment Year: The year in which a new collective bargaining agreement (CSA) is
effective between the District and the local chapter of the IAFF. When a new CSA has
retroactive effect, the Adjustment Year shall be the date to which the CSA is retroactively
applied. For example, if a CSA expires on December 31, 2014 and a new CSA is
executed on December 1, 2016 but made retroactive to January 1, 2015, the Adjustment
Year would be 2015.
b. Assigned: As used in the definitions of Unit Utilization Factor and Neighboring Unit
Utilization Factor, the term "Assigned" shall describe the period of time in seconds from
dispatch time to clear time, when the Unit becomes available to respond to another call.
c. City: City of Edmonds .
d. City Fire Stations: Fire Station 16 , Fire Station 17, and Fire Station 20.
e . Commencement Date: January 1, 2010 .
f . Contract Payment: The amount that the City shall pay to the District pursuant to this
Restated I LA.
g. District: Snohomish County Fire Protection District No. 1.
h. Edmonds Unit: An Edmonds Unit is any Unit based at one of the City Fire Stations with
the exception of the Battalion Chief.
i. Effective Date: February 1, 2017.
j. Esperance: "Esperance" refers to the entirety of the contiguous unincorporated area
that is completely surrounded by the City of Edmonds and commonly known as
Esperance.
k. Esper ance Offset: The amount of tax revenue and fire benefit charges, if fire benefit
charges are imposed in the future, to be received by the District from Esperance for the
year in which the Contract Payment is calculated. The Esperance Offset shall not drop
below $1, 117, 150 (the amount derived by multiplying the 2017 Esperance Assessed
Value of $565 ,469, 115 by the District's 2017 tax rate of $1.97561714741 divided by
1,000) even if the actual tax revenue received by the District drops below that amount as
a result of reductions in assessed valuation or tax rate. The Esperance Offset for any
given year shall not exceed $1 , 117, 150, multiplied by the compounded percentage
increase in City Station Personnel Costs from 2017 to the year for which the Esperance
Offset is being calculated. For example, if City Station Personnel Cost increases 3%
from 2017 to 2018 and 4% from 2018 to 2019, the 2019 cap for the Esperance Offset
would be $1, 197,516 and be calculated as follows:
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$1, 117, 150 x 1.03=$1,150,664 x 1.04 = $1,196,691
I. District Fire Chief: The Fire Chief of Snohomish County Fire Protection District No. 1.
m. Firefighters: Full-time , compensated employees, captains, firefighters, emergency
medical technicians, and/or paramedics.
n. Insurance: The term "insurance" as used in this Restated ILA means either valid
insurance offered and sold by a commercial insurance company or carrier approved to
do business in the State of Washington by the Washington State Insurance
Commissioner or valid self-insurance through a self-insurance pooling organization
approved for operation in the State of Washington by the Washington State Risk
Manager or any combination of valid commercial insurance and self-insurance pooling if
both are approved for sale and/or operation in the State of Washington.
o. Law: The term "law'' refers to state and federal statutes and regulations. Unless
expressly identified herein, City ordinances, codes and resolutions shall not be
considered "law."
p. Materi al Breach: A Material Breach means the District's failure to provide minimum
staffing levels as described within this Restated ILA, the City's failure to timely pay the
Contract Payment as described within this Restated ILA, or the City's or District's failure
to comply with other material terms of this Restated ILA.
q. Neighboring Unit Utilization Factor: See Exhibit E.
r . Negotiation Threshold. A designated occurrence or condition that requires the parties
to renegotiate the Restated ILA.
s. Non-Edmonds Unit: A Non-Edmonds Unit is any Unit stationed at any station other
than the City Fire Stations.
t. Transport Balance Factor: See Exhibit E.
u. Unit: A Unit is a group of Firefighters that work together and are based at the same
station . Where a station is staffed by three firefighters at any one time , that station shall
be considered a Unit. Where a station is staffed by five or more firefighters at any one
time, without counting the Battalion Chief or Medical Services Officer, that station shall
be deemed to have two Units and the District shall clearly allocate the Firefighters at that
station in such a manner that the two Units at that station can be clearly distinguished for
the purposes of determining the Unit Utilization Factor for each Unit.
v. Unit Utilization Factor: See Exhibit E.
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w. Wind-Up Period: Except in the context of Material Breach as defined in Section 10.2,
the two years immediately following notice of termination under 11.2.
1. SCOPE OF SERVICES
1.1 Services Provided. The District shall provide all services necessary for fire suppression,
emergency medical service, hazardous materials response, technical rescue, and
disaster response (not including an Emergency Operations Center, which is provided by
the City at the time of this Restated ILA) to a service area covering the corporate limits of
the City of Edmonds. In addition, the District shall provide support services including, but
not limited to, fire marshal, fire prevention and life safety, public education, public
information, and fleet maintenance, payroll and finances, human resources, and legal
and risk management pertaining to the operations and delivery of the District's services.
1.2 Training, Education . and Career Development. The District shall provide training and
education to all firefighter and emergency medical service personnel in accordance with
State, County and local requirements . Furthermore, the District shall offer professional
development and educational and training opportunities for unrepresented and civilian
employees.
1.3 City Fire Chief. The District Fire Chief shall be designated as the City Fire Chief for
purposes of statutory provisions, regulations and the Edmonds City Code.
1.4 District Fire Chief Designates Fire Marshal. The District Fire Chief shall designate an
individual to serve as City Fire Marshal, and shall assign necessary personnel to support
the functions and needs of the Fire Marshal as mutually agreed to and partially funded
by the City (See Exhibit A), subject to the City's right to provide its own fire inspectors
pursuant to Section 2 .8.2, below.
2. STANDARDS FOR SERVICES/STAFFING
2.1 Battalion Chief. A Battalion Chief shall continue to be available for response within the
City twenty-four (24) hours per day, seven (7) days per week as during the Introductory
Period. The District agrees to provide Incident Command response for all emergency
incidents twenty-four (24) hours per day, seven (7) days per week.
2.2 Fire Station Staffing. The City Fire Stations shall each be staffed twenty-four (24) hours
per day, seven (7) days per week with a minimum of one ( 1) fire captain and two (2)
firefighters, at least one of whom shall be a firefighter/paramedic. Any increase in
staffing above this level shall not increase the Contract Payment unless the increase
occurs through an amendment of this Restated ILA.
2.2.1 The parties shall renegotiate this Restated ILA upon the occurrence of any of the
following Negotiation Thresholds:
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a. When the Unit Utilization Factor ("UUF") at any one of the City Fire Stations
exceeds 0.250;
b. When the Neighboring Unit Utilization Factor ("NUUF") is out of balance as
defined in this Restated ILA, PROVIDED THAT this subsection shall not trigger a
renegotiation any earlier than January 1, 2018.
c. When the Transport Balance Factor (TBF) is out of balance as defined in this
Restated ILA, PROVIDED THAT this subsection shall not trigger a renegotiation earlier
than January 1, 2018.
d. When the Esperance Offset drops by ten percent (10%) or more over any
consecutive three (3) year period.
2.2.2 The District shall provide written notice to the City (''Threshold Notice") whenever
any of the foregoing Negotiation Thresholds occurs . Within thirty (30) days of issuance
of a Threshold Notice, the parties shall meet to renegotiate this Restated ILA. Such
negotiations shall include, at least the following topics:
(i) Methodologies intended to reduce the UUF substantially below 0.250 or
to balance the NUUF or TBF, as applicable (collectively "Remedial
Measures"). Remedial Measures may include, but shall not be limited to,
changes to the staffing mix and/or levels, adding another Unit, changing
fire response plans in CAD, and/or implementing other service changes;
and
(ii) Adjusting the Contract Payment to account for the District's increased
cost in employing the selected Remedial Measures .
(iii) Where the Threshold Notice pertains to subsection 2 .2.1(d), topics of
negotiation shall include increasing the amount of the Esperance Offset
and/or reducing staff and/or reducing overhead charges that are billed to
the City.
2.2.3 The District shall identify various Remedial Measures that are likely to
expeditiously achieve the applicable goals in Section 2.2.2(i). The City may opt to
identify and notify the District about alternative Remedial Measures. After consulting with
the District, the City shall select one or more of the Remedial Measures and shall
provide written notice of same within one hundred twenty (120) days following the
issuance of the Threshold Notice (the "Negotiation Deadline"). The City's selection shall
be subject to mediation under paragraph 18.1 if the District finds the City's selection to
be ineffective or inappropriate, but it shall not be subject to arbitration under paragraph
18.2. Any disputes regarding the cost impacts of the City's selection shall be subject to
the complete Dispute Resolution procedures, and any adjustment to the Contract
Payment arising out of the Dispute Resolution Procedures shall be retroactive to the
earlier of the Negotiation Deadline or the date that the Remedial Measures were initially
employed . If the City fails to designate one or more Remedial Measures by the
Negotiation Deadline, such failure shall be deemed a Material Breach.
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2.2.4 The parties shall endeavor to execute an amendment prior to the Negotiation
Deadline. If the parties cannot agree upon an amendment to this Restated ILA before
the Negotiation Deadline, either party may terminate the Restated ILA pursuant to 11.2,
PROVIDED THAT during the ensuing two-year Wind-Up Period, the District shall be
authorized to increase service levels at the City Fire Stations as it deems necessary, and
FURTHER PROVIDED THAT the marginal increase in the Contract Payment resulting
from any such District-imposed service level increases during the Wind-Up Period shall
be shared equally by the parties during the Wind-Up Period.
2.3 Shift Arrangements. The City prefers that the following shift arrangements apply to
personnel assigned to stations within the City: no Firefighter shall start a 24-hour shift at
any of the City Fire Stations if that Firefighter has just completed a 48-hour shift at a City
Fire Station or any other fire station in the District without having taken a rest day
between shifts. The District commits that it will undertake in good faith, pursuant to
Chapter 41 .56 RCW, to negotiate successfully for those arrangements, to be
implemented.
2.4 Review of Service Delivery Objectives. The parties acknowledge that the service
delivery objectives adopted in 2006 ("Response Objectives") have never been met in
their entirety, even when the City had its own fire department. During the Introductory
Period, the parties contracted for a particular staffing level at the City Fire Stations. It has
been recommended that the parties move toward a performance-based contract where
the City pays for a particular level of service that is measured by service delivery
objectives (e.g. response time) instead of a particular number of positions. The parties
would like to continue to evaluate this recommendation, but acknowledge that it would
take significant additional work to implement such a change, not the least of which
includes adoption of achievable performance standards. The City and the District agree
to work toward adoption of a revised set of service delivery objectives in the first quarter
of 2018.
2.4.1 Turnout Time. The District has adopted a standard of 2 minutes and 15 seconds
on 90% of all calls. Failure to meet this standard shall not be deemed a Material Breach.
If this standard is not being met during calendar year 2017 for the City Fire Stations, the
District shall provide the City, no later than December 31, 2017, with a report containing
the following information: (i) a list of possible measures that could be implemented to
improve Turnout Time, (ii) the estimated cost of each measure (if reasonably available)
and (iii) estimates concerning the amount that turnout time could be reduced with each
measure.
2.5 Reporting. The District agrees to annually report to the City in accordance with chapter
35.103 RCW. In addition to the regular quarterly report content and the content required
by law, the annual report shall contain the Neighboring Unit Utilization Factor for each of
the following jurisdictions: Lynnwood and Mountlake Terrace. The annual report shall
contain the total number of seconds that City Fire Stations responded to calls in
Woodway and the total number of automatic aid responses from Shoreline into
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Edmonds. The annual report shall, to the extent practicable, also state the amount of
transport fees that the District sought to recover from incidents occurring within the City
and Esperance, respectively, and the amount of those fees that were actually recovered .
If the District has data that identifies the number of seconds during which two or more
Units were Assigned to different calls at the same time, it shall include that data in the
annual report.
2.5.1 Quarterly Reporting. In addition , the District shall provide a quarterly report to the
City Clerk, no later than 30 days after the end of each quarter. The quarterly report shall
contain the Unit Utilization Factor for each of the City Fire Stations, the Transport
Balance Factor, as well as the turnout time, travel time, and overall response time.
2.6 [section relocated for clarity]
2 .7 Criteria-Based 9-1 -1 Dispatch. It is understood and agreed by the City and District that
the dispatch of Units during emergencies is determined by criteria-based dispatch
protocols of the dispatch centers and Automatic Vehicle Location (AVL). Nothing herein
shall require the District to respond first within the City as opposed to other areas served
by the District. The City and District recognize that responses to emergencies shall be
determined by the District based upon dispatch protocols, the location of available Units
and the District's operational judgment, without regard to where the emergencies occur.
2.8 Level of Service Changes. During the term of this Restated I LA, service level changes
may be mandated that are beyond the control of either party. Additionally, either party
may desire to change the service level, including but not limited to, those services
identified in Section 1 Scope of Services and Section 2 Standards for Services/Staffing.
When a service level change is mandated by law, adopted by the Edmonds City Council
as part of the City's chapter 35.103 RCW Response Objectives, or is mutually agreed to
by the parties, the City and the District shall renegotiate the Contract Payment at the
request of either party. If the parties are unable to reach agreement within one hundred
twenty (120) days after the change is mandated or mutually agreed, the matter shall be
subject to the complete Dispute Resolution procedures, and any adjustment to the
Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive
to the date that the service level change was initially employed. Failure of either party to
participate in, or comply with, the Dispute Resolution Procedures in Section 18.1 and/or
18.2 shall be deemed a Material Breach.
2.8.1 The City acknowledges that the District may be required by law to notify and
bargain with the local chapter of the IAFF any level of service changes made pursuant to
this section 2.8.
2.8.2 The City reserves the right to remove the Fire Inspector services from this
Restated ILA upon one year's written notice to the District, in which case the Contract
Payment shall be equitably reduced, PROVIDED THAT in no case shall such notice be
provided less than 90 days prior to the beginning of a new fiscal year, AND FURTHER
PROVIDED THAT the City shall consult with the District regarding the impacts of a
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proposed removal of the Fire Inspector services at least 90 days in advance of the City
providing such notice, AND FURTHER PROVIDED THAT ifthe City exercises this
option, it shall provide fire inspection services using one or more inspectors with current
or previous firefighting experience.
2.9 Response Time Questions. In the event that response times should consistently deviate
from the City's Response Objectives, as they may be amended from time to time by the
City, the District Fire Chief and the City Mayor, or their designees, shall meet and confer
to address the cause, potential remedies, and potential cost impacts.
3. USE OF CITY FIRE STATIONS
3.1 Use of Citv Fire Stations. The City shall retain ownership of three existing City Fire
Stations and shall make them available for use by the District pursuant to the terms set
forth in Exhibit 8. The parties acknowledge that none of these three fire stations are
ideally located and that the City could be better served by two ideally located fire
stations. The parties also acknowledge that the internal configuration of the City's three
stations contributes to slower turnout times than could be achieved with new stations
built according to current standards. In light of the above, the parties contemplate that
the City may opt to replace the three current fire stations with two new fire stations for
use by the District during the term of this Restated ILA. In the event of a conflict
between the provisions of the Restated ILA and Exhibit B, the provisions of Exhibit B
shall control with respect to fire stations and fixtures contained therein , PROVIDED
THAT Exhibit B shall be amended in the event that the City moves to a two-station
service, and FURTHER PROVIDED THAT nothing in Exhibit B shall be construed to
prevent the City from moving to a two-station service; and FURTHER PROVIDED, that
the cost of providing turn key fire stations with equivalent technology to current fire
stations shall be borne entirely by the City.
3.1.1 In the event the City decides to replace or relocate any of the City Fire Stations,
the City shall provide notice to the District concerning the location, design and layout of
the new City Fire Stations, the time frame for completion, and any other information
reasonably requested by the District to plan for the transition. Not later than thirty (30)
days following such notice, the parties shall meet to discuss the impact of any such
changes on this Restated ILA and to negotiate an amendment to this Restated ILA to
address such impacts. The parties recognize that there may be initial cost impacts that
are not ongoing, and the parties agree to negotiate these as well. The parties shall
endeavor to execute an amendment no later than one hundred twenty (120) days
following such notice to address such initial cost impacts. If the parties cannot agree
upon an amendment to this Restated ILA within such time, either party may invoke the
Dispute Resolution procedures.
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3.2-3 .3 [Completed. Deleted for clarity)1
4 . ANNUAL CONTRACT AND TRANSPORT FEES PAYMENT TERMS
4 .1 Annual Contract Payment. The City shall pay the District a sum referred to as the
Contract Payment for the services provided herein. The annual total amount of the
Contract Payment shall be determined according to Exhibit C. The Contract Payment
shall be paid in equal monthly installments by the 1 O'h day of each month. Failure to pay
monthly installments in a timely manner shall be considered a Material Breach as
defined in the Definitions section of this Restated ILA.
4.1.1 If a service level change requiring an adjustment in the Contract Payment occurs
on a date other than January 1, the Contract Payment shall be adjusted on the effective
date of the service level change, and the monthly installment payments shall be adjusted
accordingly.
4 .2 Contract Payment Adjustment. Each year, no later than September 1, the District shall
submit to the City an invoice for the ensuing year, including any revision to the Contract
Payment for the ensuing year.
4.2.1 Annual Percent Increase Based on Labor Costs. The cost of City Station
Personnel identified in Exhibit C shall be adjusted annually pursuant to the negotiated
labor collective bargaining agreement between the District and the local chapter of the
IAFF ("CSA"); provided that, notwithstanding the actual terms of the CSA, the City
Station Personnel cost in Exhibit C shall increase from one labor agreement to the next
no more than the greater of (i) the median increase in the total cost of compensation
(i.e., combined cost of wages and benefits) of comparable fire agencies, (ii) the increase
in the Consumer Price Index as measured by the CPl-W Seattle-Tacoma-Bremerton
metropolitan area for the twelve (12) month period ending June 30, or (iii) the
percentage increase in compensation awarded by an interest arbitrator. The phrase
"comparable fire agencies" shall refer to a list of comparables agreed upon by the
Employer and Union through the collective bargaining process or the comparables
accepted by an interest arbitrator in an interest arbitration proceeding.
4.2.1.1 The parties recognize that the cost of the District's community paramedic
program is currently covered by grants. At the time the grants expire, the City may opt to
continue the community paramedic program in which case Exhibit C shall be revised to
add an equitable share of the cost of such community paramedics, taking into account
the other jurisdictions that are served by the community paramedics. If the City opts not
to continue with the program, the community paramedic program will not be continued
within the City limits after the grant term ends.
1 The Parties acknowledge that a number of actions described in the Agreement have been completed.
For clarity and conciseness, those provisions are removed and replaced with the words "Completed.
Deleted for clarity."
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4.2.2 Adjustment Date Not Met. If a new CBA between the District and IAFF Local
1828 has not been finalized by September 1 of the final year of the then-effective CBA,
the City Station Personnel costs and the Indirect Operating Costs for the ensuing year
shall be adjusted following execution of the new CBA and shall be retroactive to January
1 of the Adjustment Year. For example, as of the date of this Restated ILA, the last CBA
expired on December 31, 2014; thus, the Adjustment Year is 2015. In such instances,
the District shall send the City (directed to the City Clerk), no later than September 1 of
each year for which a CBA has not yet been executed for the ensuring year, a range
within which the Contract Payment for the ensuing year is likely to fall, which range shall
be informed by the current status of negotiations between the District and IAFF Local
1828. To enhance the District's ability to provide the City with a predictable range for the
Contract Payment, the District shall, to the extent practicable, commence negotiations
with IAFF Local 1828 no later than July 1st of any year in which a CBA is expiring. If a
new CBA has not been executed by November 1st of the year in which a CBA is expiring,
the District shall notify the City of the economic issues on which the parties have not
reached tentative agreement.
4.2.3 Documentation of Labor Costs. Upon executing a new CBA, the District shall
provide supporting documentation sufficient to allow the City to confirm that the labor
costs have not increased more than the limits set forth in Section 4 .2 .1, including
comparable agency compensation data used by the parties or the interest arbitrator to
establish new compensation levels.
4.3 -4.4 [sections relocated and renumbered for clarity]
4.5 Ind ire ct Operating Cost Portion of Contract Payment. The District shall determine the
Indirect Operating Cost portion of the Contract Payment according to the following:
• Overhead shall be ten percent (10%) of the cost of the City Station Personnel cost;
• Equipment maintenance and operation, medications, and supplies shall be ten
percent (10%) of the City Station Personnel cost;
• Fire Marshal allocation of fifty percent (50%) of wage and benefit cost of the position,
and Fire Inspector at one hundred twenty-five percent (125%) of wage and benefit
cost of the position (See Exhibit A); and
• Apparatus replacement costs based upon the District Apparatus Replacement
Schedule -Rolling Stock designated as Exhibit D.
The total of the City Station Personnel cost and the Indirect Operating Costs , plus any
additional amounts due to annexations as provided in Section 4.6, less the "Esperance
Offset", shall constitute the Contract Payment for the ensuing year.
4 .6 Annexation . The City's Urban Growth Area contains property within the boundaries of
the District. Should the City seek to annex portions of the District, the District will not
oppose the annexation. In the event the City annexes portions of the District other than
Esperance, the Contract Payment shall be increased by an amount calculated by
applying the then current District levy rate and emergency medical services levy rate to
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the assessed value of the annexed area, plus revenue from a Fire Benefit Charge, if
imposed, that the District would have received from the annexed area in the year in
which the Contract Payment is calculated. The increase in the Contract Payment shall
occur on the first month on which the District is no longer entitled to collect non-
delinquent tax revenue from the annexed area pursuant to RCW 35.13.270(2).
4.6.1 Esperance Annexation. If the City annexes all of the area commonly referred to
as "Esperance", the District will support the annexation. Whenever any portion of
Esperance is annexed, the Esperance Offset attributable to the annexed area shall no
longer be used to reduce the calculation of the Contract Payment at such time as the
District is no longer entitled to collect non-delinquent tax revenue from the annexed area
pursuant to RCW 35.13.270(2).
4 . 7 Significant Change in Cost of Providing Services. In the event that there is a material
and significant increase or decrease in the costs of providing services under this
Restated ILA because the District was required to comply with a legislative or regulatory
decision by an entity other than the City, then at the request of either party, the City and
District shall seek to renegotiate this Restated ILA and the Contract Payment to fully
compensate the District for actual costs incurred according to the methodology in Exhibit
C. An example of a significant increase in cost would be if the state required that fire
engines be staffed with four firefighters per engine instead of three. If the City and
District are unable to successfully renegotiate the Contract Payment in this context
through good faith negotiations, then the complete Dispute Resolution provision of this
Restated ILA shall apply. Failure of either party to participate in, or comply with, the
Dispute Resolution Procedures in Section 18.1 and/or 18 .2 shall be deemed a Material
Breach. Nothing herein prevents either party from terminating the Restated ILA
pursuant to Section 11.2, whether before or after exercise of the Dispute Resolution
provisions of this Restated ILA.
4.8 EMS Transport Fees. The District shall charge fees for the basic life support and
advanced life support transports that it performs. As the EMS service provider for the
City, the District shall receive and pursue collection of all Transport Fees in accordance
with District policy for transports that originate within the City limits. The District shall
remit the amount so received to the City, less an administration fee not to exceed the
actual cost of collection on a quarterly basis. The District shall be responsible for, and
agrees to prepare and provide in a timely fashion, reasonable documentation and/or
reports to the City.
4.9 Creating Unfunded Mandates. The City shall not create any unfunded mandates for
increased service or reporting by the District without fully compensating the District for
actual costs incurred.
5. CITY EMPLOYEES
5.1-5.8 [Completed . Deleted for clarity].
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5.9 Former City Employees. The City shall indemnify, defend, and hold the District harmless
from any and all demands, claims, or actions by former City personnel, which arise out of, or
relate to, the time prior to the Commencement Date, provided, however, that the indemnification
shall not apply to any claims arising as a result of the District's actions under the Agreement or
the Restated ILA.
6. ROLLING STOCK (APPARATUS AND VEHICLES)
6.1 -6.5 [Completed. Deleted for clarity].
6 .6 Distr ict Apparatus Replacement Schedule. The District has provided current information
regarding existing and proposed Apparatus Replacement Schedule attached in Exhibit
D. The District, in its sole discretion, may elect to purchase new rolling stock or
otherwise assign District rolling stock for use within the City.
6 .7 Public Sa f ety Boa t. Title to the City Public Safety Boat known as Marine 16 (the
"Vessel") has been transferred to the District. The District's use of Marine 16 for training
and emergencies as a county-wide asset is described in the First Amendment to
lnterlocal Agreement for Use of Rescue and Fire Boat. Exhibit H to the Agreement is
hereby deleted.
6. 7 .1 [Completed. Deleted for clarity]
6.7.2 The District assumes responsibility for maintenance and repairs to the Vessel.
However, upon the District's request, the City agrees to provide maintenance and repair
services for the Vessel in exchange for receipt from the District of the City 's normal
hourly shop rates for labor.
6.7.3 The Apparatus Replacement Schedule (Exhibit D to the Agreement and the
Restated ILA) is amended to include the Outboard Motors of the Vessel for as long as
the Vessel is in operation. The amended Apparatus Replacement Schedule is attached
hereto. The Contract Payment shall reflect the addition of the Outboard Motors to this
schedule .
6.7.4 [Completed. Deleted for clarity]
6.7.5 Use of the vessel by the City of Edmonds Police Department shall continue as
agreed to before this Restated ILA. The City is solely responsible for maintaining and
certifying its operators .
6. 7 .5.1 The City's use of the Vessel is at the City's risk. The City acknowledges
that the District is making no representations or warranties concerning the Vessel.
Further, if the City uses the Vessel without a District operator, the City agrees to be
solely responsible for all damage or loss to the Vessel and its apparatus while the
Vessel is within the City's control and/or possession.
6. 7 .5.2 The City agrees to release the District from any claims associated with
any training provided to it. The City further agrees to defend , indemnify and hold the
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District harmless from any and all claims for bodily injury or property damage arising out
of the City's use and operation of the Vessel.
6.7.5.3 The City specifically and expressly waives any immunity that may be
granted under the Washington State Industrial Insurance Act, Chapter 51 RCW as to
any claims by its employees arising from the use of the Vessel.
7 . EQUIPMENT
7.1 -7.4 [Completed. Deleted for clarity]
8. OVERSIGHT AND REPORTING
8.1 Agreement Administrators. The District Fire Chief and the City Mayor and/or their
designees, shall act as administrators of this Restated ILA for purposes of RCW
39.34 .030 . During the term of this Restated ILA, the District Fire Chief shall provide the
Mayor with quarterly written reports concerning the provision of services under this
Restated ILA. The format and topics of the reports shall be as set forth in Section 2.5.
The District Fire Chief shall present an annual report covering the previous calendar
year to the Edmonds City Council prior to March 1, and at such meeting the Chief shall
request, and the City Council shall schedule, the Joint Annual meeting provided for in
section 8.2.
8.1.1 The parties agree to meet on a quarterly basis to address the performance of the
Restated ILA. It is expected that these quarterly meetings will be attended by at least
one City Council member, the Mayor, the City Attorney, the Finance Director, the District
Fire Chief and at least one Commissioner from the District.
8.2 Joint Annual Meeting . In addition to the meeting(s) referred to in Section 8.1 above, the
Edmonds City Council and Board of Fire District #1 Commissioners shall have a joint
annual meeting after, but within 30 days, of the annual report at a properly noticed place
and time to discuss items of mutual interest related to this Restated ILA.
8.3 Representation on Intergovernmental Boards. The District shall represent the City on
intergovernmental boards or on matters involving the provision of services under this
Restated ILA as reasonably requested by the Mayor. The City reserves the right to
represent itself in any matter in which the interests of the City and the District are not
aligned or whenever any matter relates to the appropriation of or expenditure of City
funds beyond the terms of this Restated ILA.
9 . EXISTING AGREEMENTS
9.1 DEM. SNOCOM and SERS. The City currently has contractual relationships with other
entities or agencies including the Department of Emergency Management (DEM) (or
successor), Snohomish County Communications Center (SNOCOM) (or successor), and
Snohomish County Emergency Radio System Agency (SERS) (or successor). The City
shall maintain its representation and financial obligations with those entities or agencies
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and will act to represent itself and retain authority to negotiate on its behalf. At the
discretion of the City, the District may provide representation on behalf of the City on
various committees, boards, and/or commissions as requested, as appropriate, and/or
as agreed to by mutual agreement of the parties. The parties shall meet to address any
changes to the foregoing entities that result in a change to the City's representation or
financial obligations.
9.2 Mutual and Automatic Aid. The District shall assume any of the City's remaining
contractual responsibility and obligations for the provision of mutual and automatic aid.
9.3 F ull Inf ormation as Bas is for Re lationship . The City and District agree to coordinate their
individual relationships with other entities and agencies so that the services under this
Restated ILA will be provided in an efficient and cost effective manner. The City and
District agree to keep each other fully informed and advised as to any changes in their
respective relationships with those entities or agencies, whether or not those changes
impact the City and/or the District obligations shall be provided to the other party in
writing in a timely manner that allows a reasonable opportunity to discuss proposed
changes in relationships or obligations.
10. TERM OF AGREEMENT
10.1 20-Year Agreement. The Effective Date of this Restated ILA shall be February 1, 2017.
The Commencement Date of the Agreement was January 1, 2010. This Restated ILA
shall continue in effect until December 31, 2030, unless terminated earlier as provided in
section 11. After December 31, 2030, this Restated ILA shall automatically renew under
the same terms and conditions for successive, rolling five (5) year periods unless
terminated as provided in section 11.
10.2 Mate rial Breach and Wind-Up Pe riod . In the event of a Material Breach of this Restated
ILA, the City and District shall, unless the City and District mutually agree otherwise,
continue to perform their respective obligations under this Restated ILA for a minimum of
twelve (12) months after notice of the Material Breach (the "Wind-Up Period") provided,
however, that the Wind-Up Period shall be (i) ninety (90) days if the Material Breach
involves the City's failure to make the Contract Payment or (ii) 180 days if the City fails
to timely select a Remedial Measure following the District's issuance of a Threshold
Notice; provided further, that during the Wind-Up Period, the City and District shall
coordinate their efforts to prepare for the transition to other methods of providing fire and
EMS service to the City. The City shall be responsible for all Contract Payment
installments required herein until the conclusion of the Wind-Up Period.
11. TERMINATION AND RETURN OF ASSETS
11.1 [Completed. Deleted for clarity]
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11 .2 Termination -Notice. In addition to terminating this Restated ILA for a Material Breach,
either party may terminate this Restated ILA at any time by providing the other party with
two (2) years written notice of its intent to terminate.
11.3 Termination Costs. Except as otherwise provided herein, the costs associated with
terminating this Restated ILA shall be borne equally between the parties, or in the event
of a Material Breach, by the breaching party, provided that in the following
circumstances, the cost of termination shall be apportioned as provided below.
11.3.1 Termination Due to Change in Law or by Mutual Agreement. In the event
that this Restated ILA is terminated due to a change in law or by mutual agreement,
each party shall bear its own costs associated with the termination.
11.3.2 Regional Fire Protection Service Authority. In the event that the District,
along with one or more fire protection jurisdictions, elects to create a Regional Fire
Protection Service Authority Planning Committee ("RFA Planning Committee") as
provided in RCW 52.26.030, the District agrees to notify the City of its intent and subject
to mutual approval of the District and other participating jurisdictions, to afford the City
an opportunity to be a participant on the RFA Planning Committee. Declining the
opportunity to participate in the RFA Planning Committee shall not be construed as a
Material Breach on the part of the City. In the event that a Regional Fire Protection
Service Authority (RFA) or another legally recognized means of providing fire and
emergency medical services is created, inclusive of District, the District's powers and
duties under this Restated ILA shall be assigned to the RFA as the District's successor-
in-interest as provided by RCW 52.26.100.
11.3.2.1 If the District forms a RFA with any other agency, the parties shall
confer to determine whether any efficiencies have resulted from the creation of the RFA
that could warrant reconfiguring the service provided to the City .
11.4 [reserved]
11.5 [reserved]
11.6 Duty t o Mitigate Costs. The City and District have an affirmative duty to mitigate their
respective costs of termination, irrespective of the party who elects to terminate this
Restated I LA and irrespective of the party who must bear the costs of termination.
11. 7 Return of Assets to the City. Regardless of the reason for termination, the City and
District agree that like assets purchased by and transferred to the District as part of the
Agreement shall be purchased by the City as described below. This provision shall not
apply to the formation of an RFA in which both the City and the District are participants .
11.7.1 Purchase Back Rolling Stock. All rolling stock in use by the District at the City
Fire Stations at the time of termination shall be purchased back at a price that considers
the fair market value of the asset and any adjustments to fair market value that would be
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fair and equitable, including, for example, City contributions to apparatus replacement,
costs incurred by the District for acquisition, maintenance, and repair, depreciation, etc.
11.7.2 Purchase Back Equipment. All equipment in use by the District at the City Fire
Stations at the time of termination shall be purchased back at fair market value.
11.7.3 [Completed. Deleted for clarity]
11.7.4 District Employees. The District shall indemnify, defend and hold the City
harmless from any and all demands, claims, or actions by District personnel, which
arises out of or relate to the time that such personnel were employees of the District,
PROVIDED HOWEVER, that the indemnification shall not apply to any claims arising as
a result of the City's actions during the term of the Agreement or the Restated ILA.
12. DECLINE TO MERGE
12.1 City Declines to Merge. In the event that the District enters into an agreement with any
other fire district or agency that is functionally equivalent to a merger, the City may opt to
terminate this Restated ILA without prejudice or penalty. To exercise this option the City
shall provide written notice to the District of its intent to end the Restated ILA. Such
notice shall be provided not more than ninety (90) days after receiving written notification
from the District in accordance with the provisions of Section 19.1 that the District
intends to merge with another entity.
12.1.1 Not a Material Breach. The City's decision to terminate under 12.1 does not
constitute a Material Breach of the Restated ILA and none of the penalties associated
with a Material Breach shall apply to the City.
12.1.2 12-Month Notice. The City's notice shall provide an effective date of termination
which shall be no more than twelve (12) months after the City officially notifies the
District of its termination, unless otherwise agreed to by the parties, and the costs of
termination shall be split evenly between the parties.
12.1.3 City Exit from Agreement. If the City elects to terminate the Restated ILA
because of an impending merger between the District and one or more other jurisdiction,
the City's exit will be under the terms and conditions described in Section 11. 7.
13. [deleted]
14. TOWN OF WOODWAY
14.1 Service to Woodway . The City may, in accordance with the terms herein, subcontract
with the Town of Woodway to have the District provide fire and emergency medical
services to the Town of Woodway. The City shall consult with the District in advance of
entering into any such subcontract, and the District shall have the opportunity for input
into any issues that may affect service and/or the cost of providing service. The City
shall provide advance written notice to the District of at least twelve ( 12) months prior to
any commencement of such service. The City's subcontracting of the District's service to
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Woodway shall not be considered an unfunded mandate, and no change in the Contract
Payment shall result from such a subcontract, provided that the City is not requesting
additional staff to serve Woodway. Any and all payments from such a subcontract with
Woodway shall be paid to the City of Edmonds only. The District agrees not to compete
with the City of Edmonds in such negotiations.
14.1.1 If the City is requesting additional staff to serve Woodway, the parties shall
renegotiate the Contract Payment retroactive to the date that the District begins
providing the additional staff. If the parties have not executed an amendment prior to the
commencement of service to Woodway, either party may invoke the Dispute Resolution
procedures in Section 18.1 and 18.2; provided, however, that any adjustment to the
Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive
to the date that the District begins providing the additional staff to serve Woodway. In
this context, failure of either party to participate in, or comply with, the Dispute
Resolution Procedures in Section 18.1 and/or 18.2 shall be deemed a Material Breach.
14.1.2 The City of Edmonds right to subcontract with the Town of Woodway constitutes
the consideration for the City's agreement to incur the additional 9.13% in Exhibit C
initially attributable to Woodway under the Agreement.
14.1.3 At the City's request, the District agrees to work with Shoreline Fire Department
to adjust automatic aid responses into the Town of Woodway.
14.1.4 In the event that the Point Wells development is to become part of the service
area for the District, such event shall be deemed a "Negotiation Threshold", and the
negotiation provisions of 2.2.3 -2.2.4 shall apply.
15. [Completed. Deleted for clarity]
16. CITY AND DISTRICT ARE INDEPENDENT MUNICIPAL GOVERNMENTS
16.1 Independent Governments. The City and District recognize and agree that the City and
District are independent governments. Except for the specific terms herein, nothing
herein shall be construed to limit the discretion of the governing bodies of each party.
Specifically and without limiting the foregoing, the District shall have the sole discretion
and the obligation to determine the exact method by which the services are provided
within the District and within the City unless otherwise stipulated within this Restated
ILA.
16.2 Resource Assignments. The District shall assign the resources available to it without
regarding to internal political boundaries, but rather based upon the operational
judgment of the District as exercised within the limitations and obligations of Sections 2.4
through 2.8.
16.3 Debts and Obligations. Neither the City nor District, except as expressly set forth herein
or as required by law, shall be liable for any debts or obligations of the other.
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17. INSURANCE
17.1 Maintenance of Insurance. For the duration of this Restated ILA, each Party shall
maintain insurance as follows: Each party shall maintain its own insurance policy
insuring damage to its own fire stations, real and personal property and equipment if
any, and "policy" shall be understood to include insurance pooling arrangements or
compacts such as the Washington Cities Insurance Authority 0JVCIA). The City shall
maintain an insurance policy insuring against liability for accidents occurring on City
owned property. Such insurance policy shall be in an amount not less than one million
dollars ($1,000,000.00) per occurrence with a deductible of not more than five-thousand
dollars ($5,000.00). The District shall maintain an insurance policy insuring against
liability arising out of work or operations performed by the District under this Restated
ILA in an amount not less than one million dollars ($1,000,000.00) per occurrence with a
deductible of not more than five-thousand dollars ($5,000.00). The phrases "work or
operations" and "maintenance and operations" shall include the services identified in
Section 1. Scope of Services, the services of the Fire Marshal and the District Fire
Chief, acting in the capacity of City Fire Chief and any obligation covered by Exhibit B,
Section 9.
17.2 Claims of Former City Employees. The City has provided proof of coverage that it has
maintained insurance against claims by former City Personnel for incidents and
occurrences which may have occurred prior to the Commencement Date of the
Agreement, including but not limited to, injuries, employment claims, labor grievances,
and other work-related claims. Such insurance was at all times in an amount not less
than one million dollars ($1,000,000.00) per occurrence with a deductible of not more
than five-thousand dollars ($5 ,000.00). The City will hold harmless the District and its
insurance provider for any such claims lawsuits or accusations that occurred prior to the
Commencement Date.
17.3 Claims of Former District Emolovees. The District represents and warrants that it has
maintained insurance against claims by District employees for incidents and occurrences
which may have occurred during the time period prior to the Commencement Date of the
Agreement, including but not limited to injuries, employment claims, labor grievances,
and other work-related claims. Such insurance was at all times in an amount not less
than one million dollars ($1,000,000.00) per occurrence with a deductible of not more
than five-thousand dollars ($5,000.00).
17.4 Hold Harmless. To the extent each party's insurance coverage is not voided, each party
agrees to defend, indemnify and hold harmless the other party, its officers, officials,
employees and volunteers from any and all claims, costs, including reasonable
attorneys' and expert witness fees, losses and judgments arising out of the negligent
and intentional acts or omissions of such party's officers, officials, employees and
volunteers in connection with the performance of the Agreement or the Restated ILA.
The provisions of this section shall survive the expiration or termination of the
Agreement and the Restated ILA.
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17.5 Relea se from Cla ims. Except as specifically provided in this Restated ILA, and except in
the event of breach of this Restated ILA, the District and the City do hereby forever
release each other from any claims, demands, damages or causes of action arising prior
to the Commencement Date and related to damage to equipment or property owned by
the City or District or assumed under the Agreement or the Restated ILA. It is the intent
of the City and District to cover this risk with the insurance noted above.
18. DISPUTE RESOLUTION
It is the intent of the City and District to resolve all disputes between them without
litigation. In the event that any dispute between the City and District cannot be resolved
by good faith negotiations between the City and District, then the dispute resolution
provision of this Restated ILA shall apply. Excluded from these dispute resolution
provisions are issues related to the legislative authority of the Edmonds City Council to
make budget and appropriation decisions , decisions to contract, establish levels of
service or staffing under Section 2 of this Restated ILA and Chapter 35.103 RCW and
other policy matters that state law vests with the City Council. The above exclusions
from the dispute resolution process shall not abridge the right of the District to pursue an
increase in the Contract Payment as a result of any decision which, itself, is not subject
to the Dispute Resolution provisions of this Restated ILA. Nothing herein shall prevent
either party from providing notice of termination of the Restated ILA pursuant to Section
11.2 prior to completion of the dispute resolution processes described below; however,
such notice shall not affect any obligations to proceed with the Dispute Resolution
provisions.
18 .1 Med iatio n. Upon a request by either party to mediate a dispute that is subject to the
Dispute Resolution provisions, the parties shall mutually agree upon a mediator. If the
City and District cannot agree upon a mediator within ten (10) business days after such
request, the City and District shall submit the matter to the Judicial Arbitration and
Mediation Service (JAMS) and request that a mediator be appointed. This requirement
to mediate the dispute may only be waived by mutual written agreement before a party
may proceed to litigation as provided within this Restated ILA. Except for unusual
reasons beyond the reasonable control of either party, mediation shall be completed
within ninety (90) days after the mediator is selected . Any expenses incidental to
mediation , including the mediator's fee , shall be borne equally by the City and District.
18.2 Bindi ng Arb itrati o n . If the City and District are unsuccessful in resolving any dispute
subject to the Dispute Resolution provisions through mediation , either party may
demand binding arbitration as provided herein, unless the nature of the dispute is not
subject to arbitration pursuant to other provisions of this Restated ILA.
18.2.1 The arbitration shall be conducted by JAMS in Seattle, Washington or other
mutually agreeable dispute resolution service. The dispute shall be governed by the
selected arbitration service's Streamlined Arbitration Rules and Procedures. The parties
shall agree on a JAMS arbitrator with twenty (20) days from the date the matter is
submitted to JAMS. In the event that the parties fail to agree on a JAMS arbitrator within
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such time, then JAMS shall be asked to submit the names of at least three arbitrators.
Each party shall have ten (10) days after receiving the list to strike one name from that
list. JAMS shall select the arbitrator from the names on the list that have not been struck
by either party. The parties may agree on another arbitrator in JAMS or another person
at any time. In the event that JAMS is unable or unwilling to provide an arbitrator and the
parties cannot otherwise agree, then either party may request the Snohomish County
Superior Court to designate an arbitrator.
18.2.2 At any arbitration involving the Contract Payment, the arbitrator shall, as nearly as
possible, apply the analysis used in this Restated ILA and supporting Exhibits to adjust
the Contract Payment. The arbitrator may deviate from such analysis and use principles
of fairness and equity, but should do so sparingly.
18.2.3 Unless the City and District mutually consent, the results of any binding arbitration
session shall not be deemed to be precedent for any subsequent mediations or
arbitrations.
18.2.4 The decision of the arbitrator shall be final and binding upon both parties, subject
only to the right of appeal as provided in RCW 7.04; provided, however, that in arriving
at such decision, neither of the parties nor the arbitrator shall have the authority to alter
this Restated I LA in whole or in part.
18.2.5 The arbitrator cannot order either party to take action contrary to law.
18.2.6 The substantially prevailing party, if any, in any binding arbitration action shall be
entitled to an award of its reasonable attorneys' fees and costs.
18.3 Litigation. For disputes that are not subject to binding arbitration, either party may file an
action in Superior Court. Jurisdiction and venue for such actions shall lie exclusively in
Superior Court for Snohomish County, Washington. Each party expressly waives the
right to a jury trial. The party substantially prevailing in any such action or proceeding
shall be awarded its reasonable costs and attorneys' fees.
19. MISCELLANEOUS PROVISIONS
19.1 Noticing Procedures. All notices, demands, requests, consents and approvals which
may, or are required to be given by any party to any other party hereunder, shall be in
writing and shall be deemed to have been duly given if delivered personally, sent by
electronic mail (provided a read receipt is obtained by the sender), sent by nationally
recognized overnight delivery service, or if mailed or deposited in the United States mail,
sent by registered or certified mail, return receipt requested and postage prepaid to:
District Secretary:
Snohomish County Fire Protection District No. 1
12425 Meridian Avenue
Everett, WA 98208
20
City Clerk:
City of Edmonds
121 5th Avenue North
Edmonds, WA 98020
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CITY OF EDMONDS
By:, ___________ _ Attest: ___________ _
Approved as to form:
City Attorney
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Approved as to form:
By : _________ _
District Attorney
Approved as to form:
By~ ~
Attest: __________ _
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EXHIBIT A
FIRE MARSHAL AND FIRE INSPECTOR
1. In consultation with the City, the District Fire Chief shall designate an individual to serve as
City Fire Marshal, and ensure the assignment of necessary personnel to support the needs
and functions of the Fire Marshal as specified in the International Fire Code, City ordinances,
and other fire service-related national , state, and local standards adopted and/or followed by
the City .
2 . As employees of the District, the City Fire Marshal and Fire Inspector shall perform all of
the customary roles and duties associated with their positions: fire prevention; fire
investigation ; code development, application, interpretation, and enforcement; permit
processes ; plans review ; records retention , response to public records requests and other
legal summons; fire and life safety public education ; and other duties as assigned in the City
and throughout the jurisdictional areas served by the District.
3. The City agrees to pay fifty percent (50%) of the annual personnel cost (wages and benefits)
of providing one (1) Fire Marshal , and one hundred twenty-five percent (125%) of the annual
personnel cost (wages and benefits) of providing one (1) Fire Inspector.
4. The City Engine Company Inspection Program shall be maintained in its current form unless
modified by mutual agreement of the parties.
5. The City agrees to provide office space, office furnishings, computers , fax, copier,
printer, telephone landlines, and postal support for the use of the Fire Marshal and Fire
Inspector in Edmonds City Hall.
6 . All fees collected for Fire Permits/Special use, Fire Plan Checks, and Construction
Inspections shall be retained by the City.
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EXHBITB
USE OF FIRE STATIONS
For as long as the Restated ILA remains in effect, the City hereby grants to the District exclusive
use and possession of premises for use as fire stations on the terms and conditions described
below.
1. Three Fire Stations. The City shall provide use of the three fire stations located at 8429 -
1961h Street Southwest, 275 -s•h Avenue North, and 23009 -88 1h Avenue West in the
City of Edmonds, Washington, PROVIDED THAT the City reserves the right to substitute
these stations with new stations as further described in the Restated ILA.
2. Compliance with Applicable Codes. The fire stations provided by the City shall be
compliant with all applicable codes, including without limitation, the applicable provisions
of the Edmonds City Code and applicable Washington State Standards and regulations
(currently WAC 296-305-06501 et seq.).
3. No Use Charge. No use charge shall be assessed to the District. The parties agree that
the rights and contractual obligations contained within the Restated ILA constitute
adequate consideration for District use and possession of the premises.
4. Utilities and Services. The City shall ensure the supply of all utilities necessary for the
use of the premises, to include: water, sewer, garbage, heating, air conditioning,
electrical power, telephone and information technology/system data lines.
4.1 Cost for Utilities. The District shall be responsible for the cost of all utilities used
on the premises, except for those utilities supplied by the City. If a separate meter is
unavailable for any utility that the District is responsible to pay, then the cost shall be
equitably apportioned to the District in a manner agreeable to both parties.
5. Conditions and Repairs. The City agrees to keep the premises and the buildings in good
condition and repair as reasonably requested by the District for use as fire stations
during the term of this Restated ILA at its own expense. The City shall at all times keep
the buildings suitably equipped as fully functioning and operational fire stations.
6. Improvements. Upon District request, the City shall install such reasonable
improvements as are normal and customary in connection with District use of premises
set forth herein. The City shall pay for such improvements.
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7. Removal of Personal Property Upon Termination of Agreement. Upon termination of this
Restated ILA, the District shall remove all non-fixed equipment and personal property
placed upon the premises by the District during the period of this Restated ILA unless
those items are subject to repurchase by the City as provided in the Restated ILA. Any
personal property not removed from the fire stations within 60 days after termination of
this Restated ILA shall become the property of the City.
8 . Maintenance of Premises.
8.1 Maintenance of the buildings, the premises and all improvements thereon is the
sole responsibility of the City. Such responsibility includes without limitation, repair of
walls, floors, ceiling, interior doors, interior and exterior windows and fixtures, sidewalks,
landscaping, driveways, parking areas, walkways, building exterior and signs.
8.2 City shall maintain in good condition the structural parts of the fire stations and
exterior buildings and structures which shall include emergency lighting, fences,
enclosures, curbs, gutters and sidewalks, foundations, bearing and exterior walls,
subflooring and roof, roof-mounted structures, unexposed electrical, plumbing and
sewerage systems, including those portions of the systems lying outside the premises,
exterior doors, apparatus bay doors, window frames, gutters, downspouts on the
building and the heating, ventilating and air conditioning system servicing the premises.
8.3 All janitorial services for routine cleaning of the buildings shall be the
responsibility of the District.
8.4 All grounds maintenance of the premises, to include fencing, enclosures, gates,
landscape, stairs, rails, curbs, gutters, sidewalks, drains, and water retention structures
shall be the responsibility of the City.
9. Insurance and Financia l Security.
9.1 The parties agree that the City shall not be responsible to the District for any
property loss or damage done to the District's personal property occasioned by reason
of any fire, storm or other casualty whatsoever beyond the control of the City. The
District shall insure its personal property located on the premises.
9.2 The District shall not be responsible to the City for any loss or damage to the
buildings or premises that is not caused by the sole negligence of the District. The City
shall insure the premises and buildings against such loss or damage. The District shall
repair any damage to the buildings caused by its sole negligence
9.3 In the event of a casualty loss that renders the premises reasonably unsuitable
for the use set forth herein, the City shall provide the District with another suitable
location(s) for the District until such time as the premises have been repaired. The cost
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of repairs, and the costs of relocation between the premises and the substitute
location(s), shall be borne by the City.
10. Indemnification for Environmental Claims: Each party shall indemnify and hold the other
party harmless from any and all claims, demands, judgments,
orders, or damages resulting from the release of hazardous substances on the premises
caused in whole or in part by the activity of the indemnifying party, its agents,
employees, licensees or invitees. The term "hazardous substances" shall mean any
substance heretofore of hereafter designated as hazardous under the Resource
Conservation and Recovery Act, 42 U.S.C.Sec. 6901 et seq.; the Federal Water
Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec.
2001 et seq.; the Comprehensive Environmental Response Compensation and Liability
Act of 1980, 42 U.S.C. Sec. 9601 et. Seq.; or the Hazardous Waste Cleanup-Model
Toxic Control Act, RCW 70.105D all as amended and subject to all regulations
promulgated thereunder.
11. Indemnification and Hold Harmless: Each party agrees to protect,
save, defend, hold harmless and indemnify the other party, its officers,
employees and agents from any and all demands, claims, judgments, or
liability for loss or damage arising as a result of accidents, injuries, or other
occurrences on the premises, occasioned by either the negligent or willful
conduct of the indemnifying party, regardless of who the injured party may be.
12. Termination of Agreement. Upon termination of this Restated ILA or any extension
thereof, whether by expiration of the stated term or sooner termination thereon as
provided in the Restated ILA, the District shall surrender to City the premises peaceably
and quietly.
13. Default and Remedies .
13.1 Failure of the City to perform repairs or maintenance
to the buildings or premises as described in 8 above within a reasonable
period after notice by the District shall constitute a Material Breach under the terms of
this Restated ILA. For purposes of this Restated ILA, a reasonable period shall be
construed to mean five (5) business days, for repairs and maintenance that could
feasibly be performed in such time.
13.2 Notwithstanding anything to the contrary, if the nature of the repair constitutes an
operational, safety, and/or security emergency which materially affects District use of the
premises or building for their intended purpose, the City shall perform the repair as soon
as possible regardless of the day or hour and no later than forty-eight (48) hours after
receiving notification from the District.
13.3 If the City fails to timely perform the repair or maintenance under the conditions
described above after notification, the District may have such repair or maintenance
performed at City expense. The cost of the repair or maintenance shall be forwarded to
the City, which shall pay the cost within thirty (30) days after notice. Notwithstanding
anything to the contrary, the City shall not be in breach of any repair or maintenance
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obligation herein if the repair cannot be completed within the time set forth herein so
long as the City is diligently pursuing completion of the repairs .
27
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Station Costing Model
EXHIBITC
CONTRACT PAYMENT
2017
Sta 16, 17, 20 All Cross Staffed\ALS
Average Wage &
Benefits per Total Labor Costs
Station Personnel (FTEs) FTE Position per Position
FTE Battalion Chiefs I 2.424 I 186,248 I 451,465
FTE Captains 13.746 161,593 2,221,260
FTE Firefighter/Paramedics 18.000 147,936 2,662,854
FTE Firefighters 9.492 133,343 1,265,692
Firefighter/Paramedics-12 Hour 147,936 -
Firefighters-12 Hour 133,343 -
Total Positions 41.238
FTE Factor 4.582
Station Staffing I 9.000 I 6,601,270
0
ADD: Administrative Overhead 10% 660,127
Maintenance & Operations 10% 660,127
Apparatus Replacement 2017 310,062
TOTAL SUPPRESSION/EMS CONTRACT COST 8,231,587
2017 Esperance AV 565,469,115 Esperance Est . Property Tax Revenue (1,117,150)
7,114,436
ADD :
Additional Staff Paid Separately by the Contracting Agency
Count
Fire Chief 254,227 -
Assistant Chief 213,009 -
Deputy Chief 199,030 .
Department Manager . .
Executive Assistant . .
Manager . -
Professional/Specialist --
Admin Assistant -.
Technicians --
Fire Marshal 0.500 203,408 101,704
Deputy Fire Marshal (Inspector) 1.250 169,958 212,448
TOTAL ADDITIONAL COSTS 314,152
TOTAL FIRE/EMS SERVICES COST ~--28,.$88
Cost of living increases based on CPl-W, not Comps
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EXHIBIT D
APPARATUS REPLACEMENT
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EXHIBIT E
Definitions Subject to Administrative Amendments Pursuant to Article 19.5
1. NEIGHBORING UNIT UTILIZATION FACTOR. Neighboring Unit Utilization Factor or NUUF
is the method used by the parties to determine how much time Units associated with one
jurisdiction are Assigned to calls in another jurisdiction. Because the District provides service
across a number of different cities and unincorporated areas, and because those various
jurisdictions make payments to the District for those services, Neighboring Unit Utilization Factor
is relevant even where a District Unit is dispatched to a call that is still within an area served by
the District but outside of the normal area served by that Unit.
NUUF is determined by converting the following fraction to a decimal rounded to the
nearest thousandths:
NUUF =
total seconds that non-Edmonds Units are Assigned to calls in Edmonds over the
previous calendar year
total seconds that Edmonds Units are Assigned to calls outside of Edmonds over
the previous calendar year
F o rmul a Explan ati o n: In this fraction, the numerator shall equal the total number of seconds
that non-Edmonds Units are assigned to calls in Edmonds (not including Esperance, unless
Esperance is annexed) over the previous calendar year. The denominator shall equal the total
number of seconds that Edmonds Units are assigned to calls outside of Edmonds (Esperance
shall be considered "outside of Edmonds" for the purpose of this calculation unless Esperance
is annexed) over the previous calendar year.
Calcul ation: Neighboring Unit Utilization Factor shall be calculated separately for the City of
Lynnwood (stations 14 and 15 combined) and any non-Edmonds unit within the District, e.g.,
Station 19, for as long as Lynnwood and the District are not part of the same Regional Fire
Authority.
Determ ination of W heth er N U UF is in Bala nce : Unlike the Unit Utilization Factor, the NUUF
need only be calculated on an annual basis after the completion of each calendar year. NUUF
shall be considered balanced if the NUUF falls somewhere between 0 .900 and 1.100. For
example , if Lynnwood 's Units are assigned to calls in Edmonds that total 1,000 ,000 seconds
during a calendar year, and Edmonds Units are assigned to calls in Lynnwood that total
1,095,000 seconds during a calendar year, the NUUF for that year would equal 0.913 and would
be considered in balance. If, on the other hand, the numerator were to remain the same, but the
30
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Edmonds Units are assigned to calls in Lynnwood that total 880,000 seconds, the NUUF for that
year would equal 1.136 and would be considered out of balance.
Special Calculation for 2017: Since this Restated ILA takes effect after January 1, 2017, the
2017 NUUF shall be calculated proportionally for that portion of 2017 following the Effective
Date.
2. TRANSPORT BALANCE FACTOR. Transport Balance Factor (TBF) is the method used by
the parties to determine how frequently Units associated with one jurisdiction transport patients
resulting from calls in another jurisdiction. Because the District provides service across a
number of different cities and unincorporated areas, and because Edmonds is entitled to receive
transport fee revenue for all District transports resulting from calls in Edmonds regardless of
whether the transport is performed by an Edmonds Unit or a non-Edmonds Unit, Transport
Balance Factor is relevant to whether transport fees are being distributed in an equitable
manner. TBF is determined by converting the following fraction to a decimal rounded to the
nearest thousandths:
TBF =
number of transports that non-Edmonds Units provide from calls in Edmonds
over 6 months
number of transports that Edmonds Units provide from calls outside of Edmonds
over 6 months
Formula Explanation: In this fraction, the numerator shall equal the total number of
transports that non-Edmonds Units provide from calls in Edmonds (not including
Esperance, unless Esperance is annexed) over the previous six-month period . When an
Edmonds Unit and a non-Edmonds Unit both respond to a call in Edmonds and the non-
Edmonds Unit transports the patient, that call may not be counted in the numerator,
even if the Edmonds Unit responded with a non-transport vehicle. The denominator shall
equal the total number of transports that Edmonds Units provide from calls outside of
Edmonds (Esperance shall be considered "outside of Edmonds" for the purpose of this
calculation unless Esperance is annexed) over the previous six-month period.
Determination of Whether TBF is in Balance: TBF shall be considered "balanced" if the
TBF falls somewhere between 0.900 and 1.100. While TBF is intended to be analyzed
by looking back over the previous six months, during 2017, a special quarterly TBF shall
be calculated that looks at TBF on a quarterly basis and adjusts the calculation method
accordingly. The quarterly analysis shall be performed beginning with the second quarter
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of 2017. The quarterly TBF is intended to give the District the ability to analyze the effect
of minor dispatch adjustments before TBF could result in a Threshold Notice being
issued.
3. UNIT UTILIZATION FACTOR
UUF=
Unit Utilization Factor or UUF is the method used by the parties to determine how busy a
particular Unit is. Unit Utilization Factor is determined by converting the following fraction
to a decimal rounded to the nearest thousandths:
number of seconds a Unit is Assigned to all calls over the previous twelve-month
period
31,536,000
Formula Explanation: In this fraction, the numerator shall equal the total number of
seconds a Unit is Assigned to all calls over the previous twelve-month period. The
denominator shall always be 31,536,000 (the number of seconds in a twelve-month
period). Because this contract initially contemplates exactly one Unit at each station, with
each station having multiple apparatus types, the total number of seconds a Unit is
Assigned to all calls shall be the total for all apparatus types used by that Unit. The
activity of the Battalion Chief and Medical Services Officer shall not be counted in the
numerator for any unit. For example, if, over the previous twelve-month period, Engine
20 was Assigned to calls totaling 72,089 seconds, and Ladder 20 was Assigned to calls
totaling 229,320 seconds, and Medic 20 was Assigned to calls totaling 4,008,640
seconds, then the calculation for UUF would be made as follows:
4,310,049
UUF = = 0.1366 (rounded to 0.137)
31,536,000
Frequency of Calculation: Unit Utilization Factor shall be calculated as soon as possible
after the end of each quarter, looking back over the previous twelve-month period.
While UUF is intended to be analyzed by looking back over the previous twelve months,
during the each of the last three quarters of 2017, a special UUF shall be calculated that
looks at UUF on a quarterly basis and adjusts the calculation method accordingly. The
quarterly analysis during 2017 is intended to keep data from the service delivery model
prior to the Effective Date from contaminating the data applicable to the Restated ILA.
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16
4.2.b
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17Source: Snohomish County 911 data
2020 2021 2022 2023 2024
4.2.b
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4.2.b
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4.2.b
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2020 2021 2022 2023 2024 2020 2021 2022 2023 2024
4.2.b
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2020 2021 2022 2023 2024 2020 2021 2022 2023 2024
4.2.b
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▪
▪
4.2.b
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Mountlake Terrace Lynnwood RFA
4.2.b
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4.2.b
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Station 16
Station 17
Station 20
4.2.b
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4.2.b
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Other Required Metrics
Edmonds Billed Edmonds collected Esperance Billed Esperance collected
2020 $2,164,260 $896,643 $85,807 $34,927
2021 $2,314,119 $870,562 $68,059 $27,601
2022 $2,500,700 $995,040 $79,605 $33,188
2023 $2,689,951 $1,154,454 $71,805 $31,865
2024 $2,697,216 $1,282,251 $91,841 $52,257
$0
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$1,500,000
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$2,500,000
$3,000,000
0
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0
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2020 2021 2022 2023 2024
4.2.b
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Turnout time in Standards of Cover Turnout time in contract First arriving engine company to a
fire
Full first-alarm assignment at
residential fire
Full first-alarm assignment at
commercial fire
BLS response ALS response
Standard
2022
2023
2024
4.2.b
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4.2.b
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4.2.b
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City Council Agenda Item
Meeting Date: 02/25/2025
Claim for Damages for filing
Staff Lead: NA
Department: Administrative Services
Preparer: Marissa Cain
Background/History
N/A
Staff Recommendation
Acknowledge receipt of Claims for Damages for filing.
Narrative
Bruce Guthrie
Frances Anderson Center 700 Main St
($12,500,000.00)
Laura Allison
3rd & 200th
(TBD)
Attachments:
Claim for Damages - Bruce Guthrie - for council
Claim for Damages - Laura Allison - for council
7.1
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7.1.a
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7.1.b
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7.1.b
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7.1.b
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EDMONDS AUTOBODY Workfile ID:
Federal ID:
e685e2f9
20-4908496Downtown Edmonds
401 HOWELL WAY, EDMONDS, WA 98020
Phone: (425) 771-7109
FAX: (888) 476-7804
Preliminary Estimate
Customer: Allison, Laura Job Number:
Written By: Maxine Taylor
Insured: Allison, Laura Policy #: Claim #:
Type of Loss: Date of Loss: Days to Repair: 7
Point of Impact: 03 Right T-Bone (Right
Side)
Owner: Inspection Location: Insurance Company:
Allison, Laura EDMONDS AUTOBODY
(206) 229-7276 Cell 401 HOWELL WAY
EDMONDS, WA 98020
Repair Facility
(425) 771-7109 Business
VEHICLE
2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI White
VIN: JTEHD20V150056403 Interior Color: Mileage In: 181,346 Vehicle Out:
License: AGA8191 Exterior Color: White Mileage Out:
State: WA Production Date: Condition: Job #:
TRANSMISSION Body Side Moldings AM Radio Stability Control
Automatic Transmission Console/Storage FM Radio SEATS
Overdrive Overhead Console Stereo Cloth Seats
4 Wheel Drive CONVENIENCE Search/Seek Bucket Seats
POWER Air Conditioning CD Player WHEELS
Power Steering Intermittent Wipers Cassette Styled Steel Wheels
Power Brakes Tilt Wheel SAFETY PAINT
Power Windows Cruise Control Drivers Side Air Bag Clear Coat Paint
Power Locks Rear Defogger Passenger Air Bag OTHER
Power Mirrors Steering Wheel Touch Controls Anti-Lock Brakes (4) California Emissions
DECOR Rear Window Wiper 4 Wheel Disc Brakes
Dual Mirrors RADIO Traction Control
2/17/2025 8:38:18 AM 300362 Page 1
7.1.b
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Preliminary Estimate
Customer: Allison, Laura Job Number:
2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI White
Line Oper Description Part Number Qty Extended
Price $
Labor Paint
1 FRONT BUMPER
2 R&I R&I bumper cover 1.4
3 FRONT LAMPS
4 R&I RT R&I headlamp assy 0.3
5 FENDER
6 * Blnd RT Fender w/flare 1.0
7 R&I RT Fender liner 0.4
8 R&I LT Fender liner 0.4
9 R&I RT Flare white 0.4
10 Repl RT Flare rivet 9026904047 1 1.52
11 R&I RT Mud guard w/flare 0.2
12 Repl RT Flare pad white 5385142190A0 1 24.80
13 ELECTRICAL
14 R&I Antenna assy 0.9
15 ROOF
16 R&I RT Molding front 0.2
17 R&I RT Molding center 0.2
18 R&I RT Molding rear 0.1
19 ROOF LUGGAGE RACK
20 * R&I RT Roof rack outer black 0.3
21 * R&I Roof rack inner 0.2
22 * R&I Roof rack inner 0.2
23 FRONT DOOR
24 * Repl LKQ RT door assy +30% 6700142090 1 182.00 1.7 3.0
25 Add for Clear Coat 1.2
26 * Repl RT Body side mldg white 7573142110A0 1 391.04 0.3 0.0
27 REAR DOOR
28 Repl RT Flare protector white 6785742020A0 1 17.73
29 * Repl LKQ RT door assy +30% 6700342060 1 156.00 1.5 2.9
30 Overlap Major Adj. Panel -0.4
31 Add for Clear Coat 0.5
32 * Repl RT Body side mldg white pearl 7574142070A0 1 296.23 0.3 0.0
33 QUARTER PANEL
34 * Rpr RT Quarter panel w/flare 1.0 2.5
35 Overlap Major Adj. Panel -0.4
36 Add for Clear Coat 0.4
37 * R&I RT Flare white 0.4
38 Repl RT Flare protector white 7568742020A0 1 19.02
39 R&I RT Mud guard w/flare 0.2
40 # Subl R&I RT Quarter Glass +25% 1 225.00
41 # Full Clear Along Sail Panel 1 0.9
42 REAR LAMPS
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Preliminary Estimate
Customer: Allison, Laura Job Number:
2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI White
43 R&I RT Tail lamp assy 0.4
44 REAR BUMPER
45 * R&I RT End cover w/flare 0.4
46 VEHICLE DIAGNOSTICS
47 * Pre-repair scan 1 25.00 m0.5M
48 * Post-repair scan 1 25.00 m0.5M
49 MISCELLANEOUS OPERATIONS
50 * Repl Cover car/bag-Primer 15.00 0.2
51 * Repl Cover car/bag-Paint 1 10.00 0.3
52 # Subl Hazardous Waste Disposal 1 5.00
53 # Repl Restore Corrosion Protection 1 16.00 0.3
54 # Rpr D&R Battery 0.1
55 # Rpr De-Nib & Polish 2.0
56 # Rpr Clean Up Doors 3.0
57 # Rpr Transfer Door Parts 3.0
SUBTOTALS 1,399.34 21.3 11.6
ESTIMATE TOTALS
Category Basis Rate Cost $
Parts 1,399.34
Body Labor 20.3 hrs @ $ 80.00 /hr 1,624.00
Paint Labor 11.6 hrs @ $ 80.00 /hr 928.00
Mechanical Labor 1.0 hrs @ $ 154.00 /hr 154.00
Paint Supplies 11.6 hrs @ $ 55.00 /hr 638.00
Subtotal 4,743.34
Sales Tax $ 4,743.34 @ 10.6000 % 502.79
Grand Total 5,246.13
Deductible 0.00
CUSTOMER PAY 0.00
INSURANCE PAY 5,246.13
*******************************************************************************
Thank You For Your Business.
This is an estimate only. This estimate does not account for hidden or unseen damage. Parts prices may vary and are
subject to invoice.
Authorization of Repair and Authorization of Insurance Payment to Edmonds Autobody.
Customer Signature______________________________________Date____/____/____
*******************************************************************************
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Preliminary Estimate
Customer: Allison, Laura Job Number:
2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI White
IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE, OR MISLEADING INFORMATION TO AN INSURANCE
COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES INCLUDE IMPRISONMENT, FINES, AND
DENIAL OF INSURANCE BENEFITS.
Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless
otherwise noted, (a) all items are derived from the Guide AEM8430, CCC Data Date 01/09/2025, and potentially other
third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the
vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts
are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative
OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle
dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data
provided by third party sources of data may have been modified or may have come from an alternate data source.
Tilde sign (~) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish
operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original
Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as
LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS
Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed
on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are
not included. Pound sign (#) items indicate manual entries.
Some 2024 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated
data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE
estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership.
The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to
be repaired or replaced:
SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.
X=Miscellaneous Non-Taxed charge category.
SYMBOLS FOLLOWING LABOR:
D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.
M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories.
OTHER SYMBOLS AND ABBREVIATIONS:
Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel.
CAPA=Certified Automotive Parts Association. CFC=Carbon Fiber.
D&R=Disconnect and Reconnect. HSS=High Strength Steel. HYD=Hydroformed Steel. Incl.=Included. LKQ=Like
Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part.
O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace. R&I=Remove and Install. R&R=Remove and
Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel. Sect=Section. STS=Stainless Steel. Subl=Sublet.
UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.
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Customer: Allison, Laura Job Number:
2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI White
CCC ONE Estimating - A product of CCC Intelligent Solutions Inc.
The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR
CRASH ESTIMATING GUIDE:
BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway
Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number.
2/17/2025 8:38:18 AM 300362 Page 5
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City Council Agenda Item
Meeting Date: 02/25/2025
Updated Appointment of Board and Committee Representatives for 2025
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
Each year the newly elected Council President has the responsibility to appoint members of the City
Council to Council Committees, city boards, committees and commissions, and to a variety of outside
board and committees.
Recommendation
N/A
Narrative
Update to assignments:
Council President Neil Tibbott will serve as the liaison to the Edmonds Public Facilities District Oversight
Committee.
Attachments:
Council Committee Assignments 2025 Feb 28 2025
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CITY COUNCIL 2025
COMMITTEE REPRESENTATIVES
Committee of the Council Representative(s) 1:30 PM – Committee A (3) – 90 minutes Chair: Dotsch
Paine, Chen
3:00 PM – Committee B (3) – 90 minutes Chair: Nand
Eck, Olson
5:00 - Committee as a Whole – adjourn 7:00pm
Finance, Council-wide topics and presentations, Training
Chair: Tibbott
Council Working Committee
Legal Assessment Committee (2) established by ECC 2.05.035 Tibbott, Paine
City of Edmonds Boards, Committees and Commissions
Council Liaisons for 2025 are assigned only to groups who are mandated to hold meetings.
For those non-mandated groups who may be approved by the mayor or council vote to hold special meetings, the Council
President will assign a councilmember with priority to the previously assigned liaison.
Disability Board (Edmonds) Mayor appoints (2) Councilmembers (meets
quarterly)
Chen and Eck
Lodging Tax Advisory Committee (Edmonds) Olson
Outside Boards/Commissions/Advisory
Affordable Housing Alliance Dotsch
Community Transit Paine Edmonds Chamber of Commerce Olson
Lake Ballinger Work Group Nand
PFD Oversight Committee (Edmonds) Tibbott
Port of Edmonds 2nd and 4th Monday Chen
Seashore Transportation Forum Paine
SNOCOM 911 3rd Thursday Eck
Snohomish County Tomorrow
Alternate: Olson
Nand
Salmon Recovery – WRIA 8 Dotsch
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City Council Agenda Item
Meeting Date: 02/25/2025
Approval of Council Special Meeting Minutes February 6, 2024
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
These minutes were formerly approved with an error in the meeting adjournment time. The correct
adjournment time was 6:52 pm.
Recommendation
Approve amended special meeting minutes as part of the Consent Agenda.
Narrative
N/A
Attachments:
2024-02-06 Council Special Meeting
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Edmonds City Council Approved Minutes
February 6, 2024
Page 1
EDMONDS CITY COUNCIL
SPECIAL MEETING MINUTES
APPROVED MINUTES
February 6, 2024
ELECTED OFFICIALS PRESENT
Mike Rosen, Mayor
Chris Eck, Councilmember
Will Chen, Councilmember
Neil Tibbott, Councilmember
Michelle Dotsch, Councilmember
Vivian Olson, Council President
Susan Paine, Councilmember
Jenna Nand, Councilmember
STAFF PRESENT
Jeff Taraday, City Attorney
Susan McLaughlin, PDS Director
Mike Clugston, Interim Planning Manager
Mike DeLilla, Senior Utilities Engineer
Oscar Antillon, Public Works Director
Scott Passey, City Clerk
1. CALL TO ORDER
The special Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Rosen in the Council
Chambers, 250 5th Avenue North, Edmonds, and virtually.
2. EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL LITIGATION, RCW
42.30.110(1)(I)
The Council then convened in executive session to discuss pending or potential litigation per RCW
42.30.110(1)(i) for a period of 45 minutes.
MEETING EXTENSION
At 6:45 p.m., Mayor Rosen announced that the executive session would be extended to 6:50 p.m.
3. RECONVENE IN OPEN SESSION
The meeting reconvened at 6:502 p.m.
ADJOURNMENT
With no further business, the Council meeting was adjourned at 6:502 p.m.
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City Council Agenda Item
Meeting Date: 02/25/2025
Approval of Council Special Meeting Minutes February 7, 2025
Staff Lead: Council
Department: City Clerk's Office
Preparer: Nicholas Falk
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
N/A
Attachments:
2025-02-07 Council Special Minutes Draft
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Edmonds City Council Minutes
February 7, 2025
Page 1
EDMONDS CITY COUNCIL SPECIAL MEETING
SUMMARY MINUTES
February 7, 2025
ELECTED OFFICIALS PRESENT
Mike Rosen, Mayor
Will Chen, Councilmember
Neil Tibbott, Council President
Michelle Dotsch, Councilmember
Vivian Olson, Councilmember
Susan Paine, Councilmember
Jenna Nand, Councilmember
Chris Eck, Councilmember
STAFF PRESENT
Nicholas Falk, Deputy City Clerk
Shane Hope, Interim Planning & Dev. Dir.
RaeAnne Duarte, Human Resources Manager
Angie Feser, Parks, Rec., & Human Serv. Dir.
Phil Williams, Interim Public Works Dir.
Todd Tatum, Culture, Comm., Econ. Dev. Dir.
Rod Sniffen, Assistant Police Chief
Beckie Petersen, Council Exec. Assistant
1. CALL TO ORDER
The Edmonds City Council retreat meeting was called to order at 9:05 am by Mayor Rosen in the
Plaza Meeting Room, 650 Main Street, Edmonds, and virtually. The meeting was opened with
the flag salute.
2. WELCOME ACTIVITIES
Council President Tibbott led introductions of staff and council followed by a few icebreakers.
He followed with a comment on everyone being city leadership, having good communication,
being aligned, and provided an outline of the retreat agenda.
3. CITY LEGISLATIVE CALENDAR
Mayor Rosen outlined the process staff used to create the 2025 Legislative agenda and handed
out the current Extended Planner which includes that work. They discussed who and how the
Extended Planner is utilized by and then Mayor Rosen asked three directors to present their top
three legislative projects. Director Feser provided Parks, Recreation & Human Services top
priority projects; parks codes revisions, Meadowdale playfields ILA renewal, and selling surplus
parks property. Director Williams provided Public Works top priority projects; Stormwater and
Surface water management plan, transportation plan, and non-city utility codes (franchises).
Director Hope provided the Development Services priority projects; neighborhood centers and
hubs, comprehensive plan amendments, and middle housing issues.
4. HELPING OUR COMMUNITY LEARN ABOUT ANNEXATION
Mayor Rosen provided MRSC regulations on providing information to the public in our roles as
city leadership. Provide and correct information in your capacity as a city official, but outside of
your city role, it must be clearly stated it is your “personal opinion”. They went over the planned
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Edmonds City Council Minutes
February 7, 2025
Page 2
ways in which we can deliver information or interact with the public. Council meetings and the
city website are primary tools for civic engagement. A general estimation calculator is in
development for citizens to understand the financial impact on them. City hosted town halls are
planned for various days and times to increase outreach and accessibility. Participation in
organized and independent community groups is also being planned and explored. eNewsletter,
the voting pamphlet, and a direct email outreach are all additional tools the city will be utilizing.
Clarification was provided around each of these modes and tools of information and
communication.
Tips for public engagement and being respectful were delivered with a brief lesson on how to
avoid getting off topic. Answering the question you are asked; don’t assume they want more
information.
The Frequently Asked Questions were reviewed by the group providing everyone with the
baseline questions and communication provided to citizens. The Frequently Asked Questions
will be posted as an online resource on the city’s website. The question was asked, “what
happens if the voters do not approve annexation?” to which Mayor Rosen provided an overview
of “what happens” if there is a no vote:
CURRENT FIRE / EMS CONTRACT
$12,100,000 Current contract amount for Fire and EMS services
HOW IT IS FUNDED
$4,400,000 From EMS Levy
$1,200,000 From Transport Fees
$6,500,000 From General Fund revenue
$12,100,000 Total
ESTIMATE OF CONTRACT COST SHOULD THE ANNEXATION VOTE FAIL
$21,000,000 Estimate for new contract if Annexation Vote Fails
($8,900,000) Gap – Additional money needed to pay the contract
ADDITIONAL IMPACT
($8,900,000) Additional money needed to pay the contract
($6,500,000) Funds intended to be retained to help offset financial crisis and structural
imbalance would not be available
($15,400,000) Additional savings or revenue that would be needed to balance the budget
and pay for the contract, NOT including the additional funds that the
additional Levy Lid Lift is hoping to generate in November.
SOME $ REFERENCES FOR SCALE OF IMPACT
$16,000,000 Total revenue estimated to be received from property tax in 2025
$19,000,000 Edmonds Police Department Approved Budget for 2025
5. BREAK FOR LUNCH
Council President Tibbott and Mayor Rosen excused the group for a lunch break.
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Edmonds City Council Minutes
February 7, 2025
Page 3
6. LEADERSHIP TOOLS
Council President Tibbott asked other councilmembers for their feedback on the mornings
activities as discussion. Council members discussed guidelines for Council members'
participation in public events and communication about city matters. Clarification is discussed
that Council members should stick to factual information and avoid speculation or advocacy
when speaking publicly about city issues. There was emphasis on being clear about when
Council members are speaking in their official capacity versus as private citizens. They
discussed how to handle social media posts and sharing information with community groups.
The group also talked about how to approach town hall meetings, with a suggestion to have one
primary Council presenter and two additional members present to avoid triggering open public
meeting requirements. They agreed to have a maximum of three participants, with rotating spots
for members. They also discussed the use of city resources, including limits on spending and the
provision of neutral information.
7. COUNCIL TAKEAWAYS
Council President Tibbott reviewed upcoming agenda items and potential topics for future
meetings, including six “parking lot” items for Council. The list included: City budget
(reductions and revenues), Regional Fire Authority, Development Code, CIP/CFP (Capital
Improvement Plan and Capital Facilities Plan), Comprehensive Plan amendments, and Biennial
budget review. Councilmembers provided additions to the list of the following topics:
Implementation of city’s Enterprise Resource Planning software, Climate Action Plan update,
Joint meetings with the Edmonds Planning Board and Port Commission, Tree/parking codes,
Updates from community partners, Long-range Financial planning, and Snohomish County
Tomorrow issues of mutual interest. They also touch on the need for specific meetings on certain
topics and the importance of coordinating with the Council Office to streamline processes.
ADJOURNMENT
The meeting was adjourned at 2:00 pm.
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City Council Agenda Item
Meeting Date: 02/25/2025
Approval of Council Meeting Minutes February 11, 2025
Staff Lead: Council
Department: City Clerk's Office
Preparer: Nicholas Falk
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
N/A
Attachments:
2025-02-11 Council Minutes Draft
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Edmonds City Council Minutes
February 11, 2025
Page 1
EDMONDS CITY COUNCIL MEETING
ACTION MINUTES
February 11, 2025
ELECTED OFFICIALS PRESENT
Mike Rosen, Mayor
Will Chen, Councilmember
Neil Tibbott, Council President
Michelle Dotsch, Councilmember
Vivian Olson, Councilmember
Susan Paine, Councilmember
Jenna Nand, Councilmember
Chris Eck, Councilmember
STAFF PRESENT
Jeff Taraday, City Attorney
Nicholas Falk, Deputy City Clerk
Shane Hope, Interim Planning & Dev. Dir.
Jessica Neill Hoyson, HR Director
RaeAnne Duarte, Human Resources Manager
Sharon Cates, City Attorney’s Office
Angela Tinker, City Attorney’s Office
1. CALL TO ORDER/FLAG SALUTE
The Edmonds City Council meeting was called to order at 6:00 pm by Mayor Rosen in the
Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened
with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Paine read the City Council Land Acknowledgement Statement.
3. ROLL CALL
Deputy City Clerk Falk called the roll. All elected officials were present.
4. PRESENTATIONS
1. MAYOR’S FINANCE UPDATE
Mayor Rosen reported on financial and budget issues impacting the city.
5. APPROVAL OF AGENDA
COUNCILMEMBER PAINE MOVED APPROVAL OF THE AGENDA.
COUNCIL PRESIDENT TIBBOTT MOVED TO ADD AN EXECUTIVE
SESSION AS NEW ITEM 12. MOTION CARRIED UNANIMOUSLY. MAIN
MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED
UNANIMOUSLY.
6. AUDIENCE COMMENTS
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February 11, 2025
Page 2
1. Jim Oganaswski, Edmonds, commented on the Edmonds Roundtable Meeting and the
hiring of a PR firm.
7. RECEIVED FOR FILING
1. CLAIM FOR DAMAGES FOR FILING
8. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER ECK MOVED APPROVAL OF THE CONSENT AGENDA.
MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows:
1. APPROVAL OF COUNCIL MEETING MINUTES FEBRUARY 4, 2025
2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS.
3. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT
AND WIRE PAYMENTS.
9. PUBLIC HEARING
1. INTERIM ORDINANCE FOR STEP HOUSING
Mayor Rosen opened the public hearing. Shane Hope, Interim Planning and Development
Services Director, presented on what is STEP Housing, why the city adopted the interim
ordinance, RCW35A.21.430 which pertains to STEP Housing, how the ordinance works, and
how it benefits the city. The presentation ended with the next steps that we need to take and was
opened to public comments. With no public comments received, Mayor Rosen closed the public
hearing.
10. COUNCIL BUSINESS
1. RESOLUTION EXTENDING TEMPORARY EMERGENCY SICK
LEAVE POLICY
Jessica Neill Hoyson, Human Resources Director, and RaeAnne Duarte, Human Resources
Manager, discussed the need for extending the resolution for Emergency Sick leave which remains
due to the ongoing impact of the Coronavirus and its emerging variants. The resolution does not
add additional leave to the Employee's Emergency Sick leave bank but allows the use of remaining
balances for COVID-related absences.
COUNCILMEMBER NAND MOVED TO APPROVE THE RESOLUTION
EXTENDING TEMPORARY EMERGENCY SICK LEAVE POLICY THROUGH
2025 AND 2026. MOTION FAILED TO PASS 3-4 WITH COUNCILMEMERS
DOTSCH, TIBBOTT, OLSON, AND CHEN VOTING AGAINST.
2. PROSECUTING ATTORNEY CONTRACT AMENDMENT
8.3.a
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Edmonds City Council Minutes
February 11, 2025
Page 3
Jessica Neill Hoyson, Human Resources Director, Sharon Cates and Angela Tinker, City
Attorney’s Office, discussed the requested additional language to the Walls Law Firm,
prosecuting attorney contract, to address the following:
• Increase the liquidated damages limit, and
• address compensation should the firm lose the additional attorney during the term
of the contract.
COUNCILMEMBER PAINE MOVED TO APPROVE THE PROSECUTING
ATTORNEY CONTRACT AMENDMENT. MOTION CARRIED
UNANIMOUSLY.
3. ELECTED OFFICIAL TRAINING
Jeff Taraday, City Attorney, provided training for elected officials' participation in elections
activity and ballot measures.
10. COUNCIL COMMENTS
Councilmembers commented on various issues.
11. MAYOR’S COMMENTS
Mayor Rosen provided comments.
12. EXECUTIVE SESSION TO DISCUSS PENDING OR POTENTIAL
LITIGATION, RCW 42.30.110(1)(I)
Mayor Rosen announced that the Council would recess into Executive Session to discuss
pending or potential litigation per RCW 42.30.110(1)(i) until 7:45 pm.
13. RECONVENE IN OPEN SESSION
At 7:45 pm, Council reconvened in open session.
ADJOURNMENT
The meeting was adjourned at 7:45 pm.
8.3.a
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City Council Agenda Item
Meeting Date: 02/25/2025
Approval of Council Committee B Meeting Minutes February 18, 2025
Staff Lead: Council
Department: City Clerk's Office
Preparer: Nicholas Falk
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
N/A
Attachments:
2025-02-18 Council Committee B Minutes Draft
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Minutes
COUNCIL COMMITTEE B MEETING
February 18, 2025
Elected Officials Present Staff Present
Councilmember Nand (Chair) Rod Sniffen, Assistant Police Chief
Council President Tibbott (ex-officio)
Councilmember Eck
Nicholas Falk, Deputy City Clerk
Councilmember Olson
1. CALL TO ORDER
The Edmonds City Council Committee B meeting was called to order virtually and in the City Council
Conference Room, 121 – 5th Avenue North, Edmonds, at 3:00 pm by Councilmember Dotsch.
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)
Assistant Chief Sniffen presented the Edmonds School District Contract for Security Camera Access,
which 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. 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. Questions and discussion followed regarding prior approval process and specific expiration
date.
Committee recommendation: Consent
2. Limited Staff Services Agreement with City of Everett for Social Worker Supervision
Assistant Chief Sniffen presented Licensed Social Workers (LICSW) who have a requirement of clinical
supervision by a more qualified person in the field (usually a Masters level Social Worker or higher with
experience). This requirement is considered the best practice and quality assurance for services they
provide. Our embedded social worker - Erin Nathan - is not licensed so we are not required under
LICSW guidelines to provide clinical supervision, however the grant we are using to fund this position
does require it. Moving forward, the City of Everett has agreed to provide clinical supervision through a
Limited Staff Services Agreement. Questions and discussion followed regarding a dollar limit cap.
Committee recommendation: Consent
3. AWC – Alternate Response Team Grant Amendment
Assistant Chief Sniffen presented the Police Department who applied for and received an Association
of Washington Cities (AWC) grant on July 1, 2024. The Alternative Response Team Grant (ARTG)
funds were used to pay for the social worker position through 2024 and continues into 2025. AWC has
now offered to provide additional funds to our current agreement. This will extend the time for which
grant funds will cover our social worker. The amendment adds $49,000 additional money making the
total grant award $100,000 (up from the original $51,000). We are estimating $10,000 per month for
8.4.a
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salary and benefits, so we will be able to use the grant fully through 6/30/25. The additional funding will
decrease when local funds will be necessary, and the amount of local funding needed in 2025. The
required clinical supervision costs will also come out of grant funds. We continue to seek out and apply
for grant funding as a key source for our social worker program, only using local funds to fill the gaps.
There were no questions or discussion.
Committee recommendation: Consent
4. Pedestrian/Bicycle Safety Inter-Local Agreement with WA Traffic Safety Commission
Assistant Chief Sniffen presented that the City of Edmonds Police participates in several Washington
Traffic Safety Commission (WTSC) grant programs that focus on seatbelts, DUI patrols, using electronic
devices while driving, aggressive drivers and other targeted enforcement efforts in our State. The grant,
“Walker Roller Safety Grant” allocates $50,000 to our region to fund collaborative enforcement patrols
and education. This is regional funding, not solely for Edmonds. All signatories to the agreement will
receive funds from this allotment. The grant, administered by the Target Zero Manager (TZM) at
Snohomish County, provides re-imbursement funds for OT enforcement patrols focused on safety for
pedestrians, bicycles, scooters and similar forms of transportation. As a participant, we would receive
notices of planned patrols and seek volunteers from our traffic unit to participate with their overtime
being re-imbursed by the grant. Questions and discussion followed regarding the rights and data being
collected in combination with Flock cameras, and the contracts order of precedence (section 15.2.2 and
15.2.3).
Committee recommendation: Consent
ADJOURNMENT
The meeting was adjourned at 3:21 pm.
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City Council Agenda Item
Meeting Date: 02/25/2025
Approval of Council Committee of the Whole Meeting Minutes February 18, 2025
Staff Lead: Council
Department: City Clerk's Office
Preparer: Nicholas Falk
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
N/A
Attachments:
2025-02-18 Council Committee W Minutes Draft
8.5
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Minutes
COUNCIL COMMITTEE OF THE WHOLE MEETING
February 18, 2025
Elected Officials Present Staff Present
Council President Tibbott (Chair)
Councilmember Dotsch
Shane Hope, Interim Planning & Dev. Dir.
Nicholas Falk, Deputy City Clerk
Councilmember Paine
Councilmember Chen
Councilmember Nand
Councilmember Eck
Councilmember Olson
1. CALL TO ORDER
The Edmonds City Council Committee of the Whole meeting was called to order virtually and in the City
Council Conference Room, 121 – 5th Avenue North, Edmonds, at 6:00 pm by Council President Tibbott.
2. COMMITTEE BUSINESS
1. Progress on Code Updates
Interim Planning & Development Director presented on the recent state legislation has resulted in new
requirements for local comprehensive plans and development regulations. Under state law, many of
these updates must be finalized by the end of June 2025 and others by the end of December 2025.
Many other parts of the City's codes also need updating to make the regulations clearer, more effective,
appropriate for current needs, user-friendly, and/or more consistent. The topics presented are arranged
in the following order, with an asterisk (*) by each code type that has a required deadline per state law:
Critical Timing Reminder
Future Reporting to Council
Community Engagement
City Resources
Middle Housing *
Neighborhood Centers and Hubs *
STEP Housing *
Multifamily *
Design Review *
Vehicle Parking *
Zoning Map Update
Parks
Critical Areas *
Co-living Housing *
Miscellaneous - Minor amendments are likely needed for other parts of the development code,
including for: Title 19 Building Code, Tree Code (as needed for legal clarity), SEPA
process updates, Title 21 Definitions.
Questions and discussions followed regarding affordability of unit housing, subdivision of lots, transition
of leadership and plan for citizen input, clarification on building heights, walking tours as a way to receive
citizen input, housing type counts, parent lot subdivision allotment regulations, options for property lot
division for single owners, lot coverage percentage, subdivision code updates and conflicts, deadlines
and litigation risk, co-living spaces, interim ordinance and deadlines, micro housing models terminology,
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how the code update work affects departmental workloads, how to extend community engagement and
input, how critical area ordinance influences lot size code.
Committee recommendation: For information only
2. Legal Assessment Committee Proposed 2025 Work Plan
Council President Tibbott and Councilmember Paine presented the Legal Assessment Committee
Proposed 2025 Work Plan which focuses on conducting an annual review of the city attorney and the
city prosecutor performance and, periodically, to make recommendations regarding any proposed
changes.
The city attorney’s assessment consists of initiating input from members of the city government and
soliciting email feedback through focused questions from February to July 2025, performing a follow up
meeting wait a city attorney representative in August 2025, and drafting a memo for Council
summarizing the results of the process in September 2025.
The city prosecutors assessment will consist of receiving and review of monthly reports from Human
Resources and participating in quarterly meetings for more detailed reports during May and August
2025, inviting specific city government to interviews with the Legal Assessment Committee and
performing follow up meetings with Human Resources and a City Prosecutor representative to discuss
review comments from March to July 2025, and drafting a memo for Council summarizing the results of
the process in September 2025.
Questions and discussion followed regarding the evaluation criteria and metrics, direction that specific
questions council want asked to be submitted through the committee to avoid inundating legal teams,
avenues in which the city receives legal services, any control we may have in reducing costs.
Committee recommendation: For information only
ADJOURNMENT
The meeting was adjourned at 7:37 pm.
8.5.a
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City Council Agenda Item
Meeting Date: 02/25/2025
Approval of claim checks and wire payments.
Staff Lead: Finance
Department: Administrative Services
Preparer: Nori Jacobson
Background/History
Approval of claim checks #266183 through #266281 dated February 12, 2025 for $288,563.82 (re -issued
checks #266275 $3,623.19 & #266277 $491.17), claim checks #266282 through #266334 dated February
19, 2025 for $257,516.28 and wire payments of $4,000.00, $8,170.68, $2,130.00 & $13,683.22.
Staff Recommendation
Approval of claim checks and wire payments.
Narrative
The Council President shall be designated as the auditing committee for the city council. The council
president shall review the documentation supporting claims paid and review for approval by the city
council at its next regular public meeting all checks or warrants issued in payment of any claim, demand
or voucher. A list of each claim, demand or voucher approved and each check or warrant issued
indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the
city council office for review by individual councilmembers prior to each regularly scheduled public
meeting.
Attachments:
Claim cks 02-12-25 agenda copy
Claim cks 02-19-25 Agenda copy
8.6
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2/12/2025 12:58:36PM
Positive Pay Listing
City of Edmonds
apPosPay Page: 1
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
076040 911 SUPPLY INC 266183 2,143.462/12/2025
075132 AERZEN USA CORP 266184 5,014.362/12/2025
078469 AGUIRRE, RAUL 266185 260.002/12/2025
079810 ALI, ALI A 266186 41.002/12/2025
001528 AM TEST INC 266187 820.002/12/2025
079537 AMERICAN TRAFFIC SOLUTIONS INC 266188 23,750.002/12/2025
001699 ASSOC OF WA CITIES 266189 33,083.272/12/2025
064341 AT&T MOBILITY 266190 1,749.472/12/2025
064807 ATS AUTOMATION INC 266191 3,928.282/12/2025
001801 AUTOMATIC WILBERT VAULT CO 266192 1,053.002/12/2025
002100 BARNARD, EARL 266193 2,096.402/12/2025
075217 BASLER, ANTHONY C 266194 260.002/12/2025
075342 BORUCHOWITZ, ROBERT 266195 3,695.002/12/2025
072005 BROCKMANN, KERRY 266196 1,463.002/12/2025
077166 CADENA, MICHAEL 266197 130.002/12/2025
073029 CANON FINANCIAL SERVICES 266198 382.942/12/2025
069813 CDW GOVERNMENT INC 266199 1,948.452/12/2025
003510 CENTRAL WELDING SUPPLY 266200 530.262/12/2025
073135 COGENT COMMUNICATIONS INC 266201 661.592/12/2025
070323 COMCAST BUSINESS 266202 312.372/12/2025
065683 CORRY'S FINE DRY CLEANING 266203 30.402/12/2025
005965 CUES INC 266204 832.792/12/2025
079773 CV TECHNOLOGY INC 266205 7,200.002/12/2025
006200 DAILY JOURNAL OF COMMERCE 266206 291.502/12/2025
074444 DATAQUEST LLC 266207 191.312/12/2025
046150 DEPARTMENT OF LABOR & INDUSTRY 266208 888.302/12/2025
006626 DEPT OF ECOLOGY 266209 20,284.972/12/2025
079281 DVA ADVERTISING & PUBLIC REL 266210 602.872/12/2025
076610 EDMONDS HERO HARDWARE 266211 19.832/12/2025
075200 EDUARDO ZALDIBAR 266212 130.002/12/2025
008812 ELECTRONIC BUSINESS MACHINES 266213 546.512/12/2025
079779 ENGINEERED ARTWORKS LLC 266214 28,000.002/12/2025
079811 ESTATE OF OMAR ALI 266215 400.002/12/2025
009350 EVERETT DAILY HERALD 266216 41.282/12/2025
072634 GCP WW HOLDCO LLC 266217 2,312.692/12/2025
079809 GENT, ARTHUR 266218 50.002/12/2025
079735 GEOSYNTEC CONSULTANTS INC 266219 6,613.752/12/2025
071759 GRANICH ENGINEERED PRODUCTS 266220 3,087.372/12/2025
012370 GREENSHIELDS INDUSTRIAL SUPPLY 266221 103.202/12/2025
078272 HARRINGTON, SHEILA ANNE 266222 260.002/12/2025
013140 HENDERSON, BRIAN 266223 2,235.592/12/2025
013500 HINGSON, ROBERT 266224 3,603.012/12/2025
076240 HM PACIFIC NORTHWEST INC 266225 295.282/12/2025
061013 HONEY BUCKET 266226 290.952/12/2025
076828 INSTRUMENT TECHNOLOGIES INC 266227 395.002/12/2025
076917 JACOBS ENGINEERING GROUP INC 266228 1,164.002/12/2025
072422 JE HORTON INTERPRETING SVCS 266229 146.252/12/2025
079573 JUVVAL TECH LLC 266230 200.002/12/2025
078360 LANGUAGE LINE SOLUTIONS 266231 125.062/12/2025
079769 LAW OFFICE SAM SOMMERMAN PLLC 266232 2,485.002/12/2025
067725 LES SCHWAB TIRE CENTER 266233 3,343.302/12/2025
078470 LEVESON, NANCY ANN 266234 130.002/12/2025
079481 MALAKOOTI TRANSLATING 266235 130.002/12/2025
Page: 1
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Positive Pay Listing
City of Edmonds
apPosPay Page: 2
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
020900 MILLERS EQUIP & RENT ALL INC 266236 75.132/12/2025
076264 MONO ROOFTOP SOLUTIONS 266237 580.132/12/2025
070306 OBERG, WILLIAM 266238 2,228.342/12/2025
070166 OFFICE OF THE STATE TREASURER 266239 15,592.832/12/2025
026200 OLYMPIC VIEW WATER DISTRICT 266240 184.892/12/2025
075735 PACIFIC SECURITY 266241 4,713.232/12/2025
027060 PACIFIC TOPSOILS INC 266242 1,443.002/12/2025
069873 PAPE MACHINERY INC 266243 24.042/12/2025
074793 PETDATA INC 266244 603.102/12/2025
071783 PIGSKIN UNIFORMS 266245 695.042/12/2025
078826 PJ PARSONS PRESENTS 266246 550.002/12/2025
076342 PONTEM SOFTWARE BY RIA 266247 2,730.002/12/2025
079808 POWDER HOUND WOODWORKS LLC 266248 42.502/12/2025
026005 QFC 266249 610.002/12/2025
075769 QUADIENT LEASING USA INC 266250 1,057.482/12/2025
062657 REGIONAL DISPOSAL COMPANY 266251 1,988.162/12/2025
061540 REPUBLIC SERVICES #197 266252 1,514.792/12/2025
075737 ROBINSON, HUA 266253 130.002/12/2025
079174 SAVANNAH POWERS 266254 440.302/12/2025
066964 SEATTLE AUTOMOTIVE DIST INC 266255 258.942/12/2025
066918 SEDOR, NORMAN 266256 9,096.402/12/2025
079804 SHELLY HANSEN LLC 266257 130.002/12/2025
079806 SHORT, JILL ANNETTE 266258 130.002/12/2025
075590 SMARSH INC 266259 144.522/12/2025
037375 SNO CO PUD NO 1 266260 22,945.082/12/2025
070167 SNOHOMISH COUNTY TREASURER 266261 194.002/12/2025
038300 SOUND DISPOSAL CO 266262 1,803.192/12/2025
038410 SOUND SAFETY PRODUCTS 266263 352.872/12/2025
079185 SYSTEMS FOR PUBLIC SAFETY INC 266264 26,464.902/12/2025
040917 TACOMA SCREW PRODUCTS INC 266265 866.482/12/2025
072649 THE WIDE FORMAT COMPANY 266266 254.152/12/2025
078203 TOTAL TESTING 266267 50.002/12/2025
042750 TRIBUZIO, WALLACE 266268 2,605.942/12/2025
071549 UNIVAR SOLUTIONS USA INC 266269 2,663.772/12/2025
064423 USA BLUE BOOK 266270 840.682/12/2025
044960 UTILITIES UNDERGROUND LOC CTR 266271 376.382/12/2025
069751 VESTIS 266272 310.962/12/2025
065035 WASHINGTON STATE PATROL 266273 276.002/12/2025
075635 WCP SOLUTIONS 266275 3,623.192/12/2025
075635 WCP SOLUTIONS 266274 1,361.202/12/2025
047960 WEAN, GREG 266276 3,076.782/12/2025
073552 WELCO SALES LLC 266277 491.172/12/2025
071467 WEST COAST PET MEMORIAL 266278 22.842/12/2025
075926 WESTERN EXTERMINATOR 266279 175.962/12/2025
075214 WUNG, EDWARD 266280 130.002/12/2025
078389 ZENNER USA 266281 9,076.762/12/2025
Total count: 99
GrandTotal: 292,678.18
Page: 2
8.6.a
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2/19/2025 10:44:09AM
Positive Pay Listing
City of Edmonds
apPosPay Page: 1
Document group:jacobson
Vendor Code & Name Check #Check Date Amount
000850 ALDERWOOD WATER DISTRICT 266282 148,841.822/19/2025
001528 AM TEST INC 266283 720.002/19/2025
070305 AUTOMATIC FUNDS TRANSFER 266284 2,744.582/19/2025
076741 BLOSSMAN SERVICES INC 266285 1,129.922/19/2025
073029 CANON FINANCIAL SERVICES 266286 280.062/19/2025
075856 CITY OF KIRKLAND POLICE DEPT 266287 4,191.832/19/2025
019215 CITY OF LYNNWOOD 266288 9,069.522/19/2025
070323 COMCAST BUSINESS 266289 57.322/19/2025
046150 DEPARTMENT OF LABOR & INDUSTRY 266290 207.902/19/2025
070244 DUANE HARTMAN & ASSOCIATES INC 266291 6,052.402/19/2025
007253 DUNN LUMBER 266292 357.702/19/2025
038500 EDMONDS SENIOR CENTER 266293 1,525.002/19/2025
008705 EDMONDS WATER DIVISION 266294 4,758.892/19/2025
008812 ELECTRONIC BUSINESS MACHINES 266295 377.722/19/2025
009350 EVERETT DAILY HERALD 266296 218.442/19/2025
009815 FERGUSON ENTERPRISES INC 266297 7,045.542/19/2025
072493 FIRSTLINE COMMUNICATIONS INC 266298 292.832/19/2025
072634 GCP WW HOLDCO LLC 266299 2,341.212/19/2025
012199 GRAINGER 266300 1,314.112/19/2025
012560 HACH COMPANY 266301 1,383.122/19/2025
078839 HAHN, ROSS 266302 232.252/19/2025
067862 HOME DEPOT CREDIT SERVICES 266303 832.882/19/2025
067862 HOME DEPOT CREDIT SERVICES 266304 1,737.342/19/2025
061013 HONEY BUCKET 266305 1,845.632/19/2025
072650 KCDA PURCHASING COOPERATIVE 266306 240.372/19/2025
078471 LEMM, KEVIN 266307 937.952/19/2025
020039 MCMASTER-CARR SUPPLY CO 266308 978.832/19/2025
075746 MCMURRAY, LAURA 266309 240.002/19/2025
020900 MILLERS EQUIP & RENT ALL INC 266310 143.512/19/2025
075881 NORRIS, KENNETH 266311 816.002/19/2025
064215 NORTHWEST PUMP & EQUIP CO 266312 213.992/19/2025
072739 O'REILLY AUTO PARTS 266313 41.932/19/2025
029117 PORT OF EDMONDS 266314 4,567.652/19/2025
066786 RELIABLE SECURITY SOUND & DATA 266315 584.692/19/2025
061540 REPUBLIC SERVICES #197 266316 1,967.962/19/2025
076328 SCJ ALLIANCE 266317 790.542/19/2025
077069 SEMACONNECT LLC 266318 88.172/19/2025
037330 SNO CO PLANNING & DEVLP SERV 266319 11,872.002/19/2025
037375 SNO CO PUD NO 1 266320 2,840.352/19/2025
006630 SNOHOMISH COUNTY 266321 680.002/19/2025
038410 SOUND SAFETY PRODUCTS 266322 449.132/19/2025
039775 STATE AUDITOR'S OFFICE 266323 2,990.652/19/2025
074506 SUNBELT RENTALS 266324 595.202/19/2025
040917 TACOMA SCREW PRODUCTS INC 266325 356.022/19/2025
038315 TK ELEVATOR CORPORATION 266326 2,159.562/19/2025
068141 TRANSPO GROUP 266327 5,637.502/19/2025
078891 TUBE ART GROUP 266328 12,208.052/19/2025
063939 TYLER TECHNOLOGIES INC 266329 4,800.002/19/2025
067865 VERIZON WIRELESS 266330 27.672/19/2025
069751 VESTIS 266331 342.042/19/2025
047605 WA ST TREASURER 266332 346.502/19/2025
073552 WELCO SALES LLC 266333 924.642/19/2025
071634 ZAYO GROUP LLC 266334 2,117.372/19/2025
Page: 1
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Positive Pay Listing
City of Edmonds
apPosPay Page: 2
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Vendor Code & Name Check #Check Date Amount
Total count: 53
GrandTotal: 257,516.28
Page: 2
8.6.b
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City Council Agenda Item
Meeting Date: 02/25/2025
Approval of payroll and benefit checks, direct deposit and wire payments.
Staff Lead: Debra Sharp
Department: Administrative Services
Preparer: Lori Palmer
Background/History
Approval replacement check #66180 dated February 3, 2025, direct deposit for $862,102.42, benefit
checks #66181 through #66188 and wire payments for $869,619.19 for the pay period of February 1,
2025 through February 15, 2025
Staff Recommendation
Approval of payroll and benefit checks, direct deposit and wire payments.
Narrative
In accordance with the State statutes, City payments must be approved by the City Council. Ordinance
#2896 delegates this approval to the Council President who reviews and recommends either approval or
non-approval of payments.
Attachments:
02-01-2025 to 02-15-2025 Payroll Earnings Summary
02-01-2025 to 02-15-2025 Benefit Checks Summary Report
8.7
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City Council Agenda Item
Meeting Date: 02/25/2025
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: 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. The contract was revised to include
clear language on the expiration date of the MOU by Ms. Cates on 1/23/25. The School District approved
the revised language on 1/28/25.
The School District will submit the contract to the School Board after it is approved by Council and
signed by the Police Chief.
Committee B approved for consent on 2/18/25.
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 on the consent agenda.
Narrative
Attachments:
8.8
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MOU ESD and EPD Security Camera Access for Emergent Safety Reasons 2
8.8
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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 further
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
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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
8.8.a
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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
continue for one (1) calendar year, with the intent that it will automatically renew every twelve (12)
months thereafter for a total of no more than five (5) years, expiring no later than December 31, 2029
(the “Expiration Date”). This Agreement may be earlier terminated by either party by providing the
other party with written notice of its intent to terminate at least thirty (30) days prior to the end of
any such 12-month period. In the event Either party gives the other party written notice of its intent
to terminate, this Agreement shall expire on the last day of such thirty (30) day period.
V.INDEMNITY
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 Attn: Chief of Police
Edmonds School District Edmonds Police Department
20420 68th Avenue W 250 Fifth Avenue N
Lynnwood, WA 98036 Edmonds, WA 98020
8.8.a
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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.
X.WAIVER
A waiver by either Party of a breach or failure to perform hereunder shall not constitute a waiver
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
provision of this Agreement.
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:
8.8.a
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EDMONDS SCHOOL DISTRICT
Rebecca Miner, Superintendent
Dated: _________________
Approved as to Form:
Attorney for Edmonds School
District
STATE OF WASHINGTON )
) ss
COUNTY OF )
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
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.
NOTARY PUBLIC
My commission expires:
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EDMONDS POLICE
DEPARTMENT
Rod Sniffen, Chief of Police
Dated: _________________
Approved as to Form:
Office of the City Attorney
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
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:
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City Council Agenda Item
Meeting Date: 02/25/2025
Pedestrian/Bicycle Safety Inter-Local Agreement with WA Traffic Safety Commission
Staff Lead: Chief Rod Sniffen
Department: Police Services
Preparer: Alexandra Ehlert
Background/History
The City of Edmonds Police traditionally participate in several WTSC grant programs that focus on
seatbelts, DUI patrols, using electronic devices while driving, aggressive drivers and other targeted
enforcement efforts in our State. This particular grant is named the “WALKER ROLLER SAFETY GRANT”
and allocates $50,000 to our region to fund collaborative enforcement patrols and education. The key
attribute being it is regional funding, not solely for Edmonds. All signatories to the agreement will
receive funds from this allotment.
This grant, administered by the Target Zero Manager (TZM) at Snohomish County, provides re-
imbursement funds for OT enforcement patrols focused on safety for pedestrians, bicycles, scooters and
similar forms of transportation - hence the “Walker Roller Safety Grant”. The grant goal is to “Positively
change walker, roller, and motor vehicle driver behaviors through law enforcement patrols and media
efforts.” $10,000 of this grant is allocated specifically for education focused on the same goal.
Enforcement patrols are scheduled in areas of our region where the data shows enforcement should
occur and driver demographics have the highest potential of causing traffic crashes. Grant participants
agree to work collaboratively in these locations regardless of primary jurisdiction. A saturation strategy
is used placing multiple participating agency patrols in that area. Adjacent law enforcement agencies are
encouraged to collaborate, so the driving public has the perception of law enforcement omnipresence in
targeted areas. Public messaging is planned before, during and after the event.
The TZM collects data from all grant participants through electronic reporting and is made available
throughout the campaign. As a participant, we would receive notices of planned patrols and seek
volunteers from our traffic unit to participate with their overtime being re-imbursed by the grant.
Committee B approved this item for consent at the 2/18/25 meeting.
Staff Recommendation
Authorize the Mayor to sign the ILA with WTSC affirming our participation in the Walker Roller Safety
Grant program on the consent agenda.
Purpose
Entering into his agreement will allow us to receive funds from the 2025 FG 5539 - Region 10 Walker
Roller Safety Grant.
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Attachments:
WALKER ROLLER PARTNER INTERAGENCY AGREEMENT FFY25 Final EPD
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INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
Edmonds Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,
hereinafter referred to as “WTSC,” and Edmonds Police Department, hereinafter referred to as “SUB-
RECIPIENT.”
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained
herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows:
1. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to provide funding, provided by the United States Department of
Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the
Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.616, for traffic safety grant
project 2025 FG 5539-REGION 10 WALKER ROLLER SAFETY GRANT, specifically to provide
funding for the law enforcement agencies in WTSC Region to conduct overtime walker/roller safety
enforcement as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target
Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB-
RECIPIENT with the goal of reducing traffic crashes.
Grant 2025 FG 5539-REGION 10 WALKER ROLLER SAFETY GRANT was awarded to
SNOHOMISH COUNTY to support collaborative efforts to conduct walker/roller safety enforcement
activities. By signing this agreement, the SUB-RECIPIENT can seek reimbursement for approved overtime
expenses incurred as a participant in 2025 FG 5539-REGION 10 WALKER ROLLER SAFETY GRANT.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both Parties, but
not earlier than January 8th, 2025, and remain in effect until September 30, 2025, unless terminated sooner, as
provided herein.
3. STATEMENT OF WORK
Note: This statement of work applies only to Walker/Roller Safety Enforcement for traffic safety areas which
recipient region has received funding.
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GOAL: Positively change walker, roller, and motor vehicle driver behaviors through law enforcement patrols
and media efforts. Engage multiple law enforcement agencies along LOCATION in the design,
implementation of enforcement, community outreach and education activities for the project period.
STRATEGY: Prevent drivers from engaging in high-risk behaviors related to walkers and rollers by
increasing drivers’ perception of the risk of being stopped by a patrol officer. This perception is achieved
through 1) an increase in media messages and outreach about upcoming emphasis periods so that the targeted
drivers know when the patrols will occur and what will be enforced and 2) during the patrols, drivers have the
perception of increased enforcement because they can see a significant and noticeable increase in law
enforcement presence and activities that reinforces the media messages they received and influences them to
modify their driving behavior and 3) officers who stop drivers will use the stop to educate drivers on the
importance of sharing the roadways with walkers and rollers and applicable laws violated by the driver.
OBJECTIVES: There are several requirements identified for the 2025 FG 5539-REGION 10 WALKER
ROLLER SAFETY GRANT along PUBLIC TRANSIT AREAS IN LYNNWOOD, EDMONDS,
MOUNTLAKE TERRACE, EVERETT, ARLINGTON, MARYSVILLE AND UNINCORPORATED
SNOHOMISH COUNTY in SNOHOMISH COUNTY. The SUB-RECIPIENT agrees to the following
requirements:
1. Implement the mobilization plan developed by the local traffic safety task force. The enforcement
includes:
a. Problem Statement
b. Description of enforcement strategy, including expected law enforcement agencies
participating in the event, target violation, and target locations.
c. Public outreach strategy that targets behaviors drivers are most likely to engage in that
contribute to traffic crashes.
d. Evaluation plan.
2. The event is data driven. This means data is used to identify locations where enforcement should
occur and driver demographics with the highest potential of causing traffic crashes.
3. The enforcement is multijurisdictional and uses a saturation approach. This means SUB-RECIPIENT
is coordinating efforts with adjacent law enforcement agencies so that the driving public has the
perception of law enforcement omnipresence on targeted roads.
4. The public is made aware of the event before, during, and after the enforcement takes place. This
means that messages reach all target audiences in the community, regardless of English proficiency,
who use the targeted transportation system. Local outreach and public education campaigns will take
place during the enforcement period.
5. Officers are encouraged to educate drivers about walker and roller laws and safety during traffic stops.
6. The SUB-RECIPIENT deploys resources to enforce traffic laws in priority areas throughout the year
when this project not being implemented.
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ADDITIONAL REQUIREMENTS:
In addition, SUB-RECIPIENT agrees to all the following requirements for walker/roller safety enforcement:
1. Use the WEMS system provided by the WTSC to record all activities conducted by their
commissioned officers. SUB-RECIPIENT will also ensure all supervisors and fiscal staff have the
ability to review and edit those activity logs.
2. All participating staff receive a briefing prior to the event so that every participant understands and
can explain all of the items on the briefing list below. This can be done in person (preferred) or
electronic via telephone, email, or virtually.
• Purpose, goals, strategy, and objectives of the specific enforcement with a focus on the targeted
locations and driving behaviors
• List of on-call DREs and request procedures
• How to fill out their digital activity log in WEMS
• Information on how the Mobile Impaired Driving Unit will be used (if applicable)
• Dispatch information
• All Participating officers
• Spotter processes (if applicable)
• Draeger machines and locations (if applicable)
3. To utilize all available media platforms it has available (website, email newsletters, social media
etc...).
4. Participating officers should make as many contacts as they can during these patrols to positively
influence driving behavior.
3.1. MILESTONES AND DELIVERABLES
Mobilization Dates
Walker/Roller Safety Enforcement Quarterly TBD by Target Zero
Manager and partner agency.
Other dates could be identified by the task force.
3.2. COMPENSATION
3.2.1. Compensation for the overtime work provided in accordance with this Agreement has been established
under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed
dollar total from amounts listed below. Payment for satisfactory performance of the overtime work shall not
exceed this amount unless the WTSC and SUB-RECIPIENT mutually agree to a higher amount in a written
Amendment to this Agreement executed by both the WTSC and SUB-RECIPIENT. Comp-time is not
considered overtime and will not be approved for payment. All law enforcement agencies who are active
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members of REGION NUMBER traffic safety task force with a fully executed grant agreement are eligible to
participate in this grant. Agencies may also be compensated at the straight time rate in lieu of overtime.
3.2.2. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer’s normal salary rate
plus SUB-RECIPIENT’s contributions to employee benefits, limited to the following:
• FICA
• Medicare
• Any portion of L & I that is paid by the employer (SUB-RECIPIENT)
• Retirement contributions paid by the employer (SUB-RECIPIENT) can be included if the contribution
is based on a percentage of their hours worked
Health insurance, or any other benefits not listed above, are not eligible for reimbursement.
The SUB-RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles,
radars, portable breath testers, etc.) to participate in the emphasis patrols.
3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties
impacted by a proposed budget alteration, the allocation amounts may be increased or decreased without
amending this agreement. Grant funds should be managed collaboratively by the SUB-RECIPIENT and the
TZM.
These alterations must be requested through email communication among all parties involved, including the
TZM, and the WTSC Fiscal Analyst. This communication shall include an Allocation Adjustment form,
which details the funding alterations.
Funds within the same enforcement campaign budget category only, can be increased and decreased across
parties, so long as the modified total does not exceed the regional total allocation per funding category.
3.2.4. These funds, designated for salaries and benefits, are intended to pay for the hourly overtime costs and
proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the
statement of work. These funds may not be used for any other purpose for example any work required to
maintain a law enforcement commission including recertification trainings like firearm qualification.
3.2.5. The law enforcement agency involved will not schedule individual officer overtime shifts for longer
than eight hours. WTSC understands there may be instances when more than eight hours are billed due to
DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log.
3.2.6. The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is
claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is
authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate
and not at the 150 percent overtime rate.
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3.3. SUMMARY OF PROJECT COSTS
The WTSC has awarded $50,000 in 2025 FG 5539-REGION 10 WALKER ROLLER SAFETY
GRANT for the purpose of conducting coordinated Walker/Roller Safety Education and Enforcement
activities. By signing this agreement, the SUB-RECIPIENT can seek reimbursement for approved overtime
expenses incurred as a participant in this grant. All activity must be coordinated and pre-approved by the
region’s traffic safety task force and Target Zero Manager to be eligible for reimbursement. Enforcement
activities include emphasis patrols near transit/focus areas. Officers will be looking for poor driver behavior
in pedestrian safety focus areas, along with pedestrians not following applicable pedestrian laws. Officers
will be expected to provide education on these stops along with reasonable enforcement action. Officers
may be asked to conduct observation tasks in focus areas for the purposes of pre and post activity
measurement. Education activities may include attending meetings and community events, handing out
fliers, presenting to community groups or organizations.
The funding for REGION 10 is as follows:
EMPHASIS PATROL
Walker/Roller Safety Enforcement
Walker/Roller Education
(Section 405, CFDA 20.616)
$40,000
$10,000
$50,000 Total
3.3.1. The funds issued under this Agreement are only to be used for the specified category and shall not be
commingled between categories.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. ACTIVITY REPORTS
The SUB-RECIPIENT agrees to have all personnel who work patrols submit a WEMS Officer Activity Log
within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed
in the “BILLING PROCEDURE” section. Use of the Officer Activity Log in the WTSC’s online grant
management system, WEMS, is required. Supervisor review and accuracy certification will also be done in
WEMS.
5. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall
be made by the WTSC.
6. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties in the form of a written request to
amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel
Commented [JK1]: Stacey, is this language clear
enough?
Commented [MS2R1]: I will add some details
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authorized to bind each of the Parties. Changes to the budget, SUB-RECIPIENT’S Primary Contact, and
WTSC Program Manager can be made through email communication and signatures are not required.
7. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the Parties hereto.
8. ASSIGNMENT
The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld.
The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered
into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable
federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the
funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements
must include the federal provisions set forth in this Agreement in sections 34 through 42.
9. ATTORNEYS’ FEES
In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its
own attorney fees and costs.
10. BILLING PROCEDURE
All invoicing for reimbursement of enforcement activities will be conducted through WTSC’s grant
management system, WEMS. WEMS Officer Activity logs submitted in WEMS, directly linking the cost of
the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back
up documentation is required in most cases.
Once submitted by the SUB-RECIPIENT, invoices are routed to the regional TZM/grant project manager for
review and approval. The TZM/grant project manager will submit all approved activity logs linked to the
invoice to WTSC via WEMS within 10 days of receipt.
Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account
transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC.
Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days
after the expiration date of this Agreement. All invoices for goods received or services performed on or prior
to September 30, 2025, must be received by WTSC no later than November 5, 2025.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which
may be classified as confidential, for any purpose not directly connected with the administration of this
Agreement, except with prior written consent of the WTSC, or as may be required by law.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
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The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for
federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this
section by the SUB-RECIPIENT, to annul this Agreement without liability.
14. DISPUTES
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the
Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT’s receipt of WTSC’s written
decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT’s
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the
Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by
the decision.
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue
performance under this Agreement while matters in dispute are being resolved.
15. GOVERNANCE
15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform
to those laws.
15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Agreement
15.2.3. Any Amendment executed under this Agreement
15.2.4. Any SOW executed under this Agreement
15.2.5. Any other provisions of the Agreement, including materials incorporated by reference
16. INCOME
Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications,
registration fees, or service charges) must be accounted for, and that income must be applied to project
purposes or used to reduce project costs.
17. INDEMNIFICATION
17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind (“claims”)
brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT’s
performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims
against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or
omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided,
however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend
the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or
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omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from
the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or
subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by
RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of
the negligence of the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors.
17.2. The SUB-RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18. INDEPENDENT CAPACITY
The employees or agents of each Party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents
of the other Party.
19. INSURANCE COVERAGE
19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if
required by law.
19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to
the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with
proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
20. LICENSING, ACCREDITATION, AND REGISTRATION
The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and
registration requirements and standards necessary for the performance of this Agreement. The SUB-
RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and
be responsible for payment of all taxes due on payments made under this Agreement.
21. RECORDS MAINTENANCE
21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal
officials so authorized by law. All books, records, documents, and other material relevant to this Agreement
will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC,
and any duly authorized representatives shall have full access and the right to examine any of these materials
during this period.
21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other
Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not
disclose or make available this material to any third Parties without first giving notice to the furnishing Party
and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures
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and protections to assure that records and documents provided by the other Party are not erroneously
disclosed to third Parties.
22. RIGHT OF INSPECTION
The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the
right to access, amend, and receive an accounting of disclosures of their Personal Information according to
the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or
revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-
RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the
Department of Health and Human Services all internal policies and procedures, books, and records relating to
the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement.
23. RIGHTS IN DATA
23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work
Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act,
17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not
limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer
programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to
the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute,
prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer
these rights.
23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law,
the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in
the Work Product and any registrations and copyright applications relating thereto and any renewals and
extensions thereof.
23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior
review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of
the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed
under this project shall be referred to the WTSC, who will determine through NHTSA whether patent
protections will be sought, how any rights will be administered, and other actions required to protect the
public interest.
24. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC
may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-
day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any new
funding limitations or conditions.
25. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
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invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect
without the invalid provision, if such remainder conforms to the requirements of applicable law and the
fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be
severable.
26. SITE SECURITY
While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in
all respects with all WTSC physical, fire, or other security policies and applicable regulations.
27. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT.
28. TERMINATION FOR CAUSE
If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of
such failure or violation, and may terminate this Agreement immediately. At the WTSC’s discretion, the
SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-
day period, this Agreement may be terminated at the end of that period by written notice of the WTSC.
29. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or
reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be
liable only for payment required under the terms of this Agreement for services rendered or goods delivered
prior to the effective date of termination.
30. TREATMENT OF ASSETS
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as
a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property
by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-RECIPIENT
under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the
performance of this Agreement, or (ii) commencement of use of such property in the performance of this
Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first
occurs.
30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein
or approved by the WTSC, be used only for the performance of this Agreement.
30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-
RECIPIENT to maintain and administer that property in accordance with sound management practices.
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30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's
employees, agents, or sub-contractors.
31. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23
CFR PART 1300 APPENDIX A):
32. BUY AMERICA ACT
The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation determines that
such domestically produced items would be inconsistent with the public interest, that such materials are not
reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost
of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign
produced items, the WTSC must submit a waiver request that provides an adequate basis and justification,
and which is approved by the Secretary of Transportation.
33. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lower
tier participant”) is providing the certification set out below and agrees to comply with the requirements of 2
CFR part 180 and 23 CFR part 1300.
33.2. The certification in this section is a material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower
tier participant learns that its certification was erroneous when submitted or has become erroneous by reason
of changed circumstances.
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33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Covered Transactions sections of 2 CFR part 180.
33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled
“Instructions for Lower Tier Certification” including the “Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier
participants to comply with 2 CFR part 180 and 23 CFR part 1300.
33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Non-procurement Programs.
33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
33.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, the department or agency with which this transaction originated may disallow
costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other
remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions
33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such
participant shall attach an explanation to this Agreement.
8.9.a
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34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
34.1. The SUB-RECIPIENT shall:
34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that
will be taken against employees for violation of such prohibition.
34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the
workplace; the SUB-RECIPIENT’s policy of maintaining a drug-free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon
employees for drug violations occurring in the workplace.
34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of
the statement required by paragraph 36.1.1. of this section.
34.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition
of employment under the grant, the employee will abide by the terms of the statement, notify the employer of
any criminal drug statute conviction for a violation occurring in the workplace no later than five days after
such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise
receiving actual notice of such conviction.
34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this
section, with respect to any employee who is so convicted: take appropriate personnel action against such an
employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency.
34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all
of the paragraphs above.
35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal
year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or
more in annual gross revenues from federal awards, and if the public does not have access to information
about the compensation of the senior executives of the entity through periodic reports filed under section
13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
36. FEDERAL LOBBYING
36.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
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entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
36.1.3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans,
and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly.
36.2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.)
37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees:
37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to
time.
37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein.
37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the WTSC, USDOT, or NHTSA.
37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement
sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the
contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies,
and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part.
37.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every
solicitation for a sub-contract or sub-agreement that receives federal funds under this program.
38. POLITICAL ACTIVITY (HATCH ACT)
The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
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39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to
create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or
elements of helmet usage or checkpoints, and so fully complies with this requirement.
40. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any state or local legislative body. Such activities include both direct and indirect (e.g.,
“grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is
supported with NHTSA funds from engaging in direct communications with state or local legislative officials,
in accordance with customary state practice, even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.
41. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the Parties for all
communications, notices, and reimbursement regarding this Agreement:
SUB-RECIPIENT Contact
Target Zero Manager Region 10
/Walker Roller Grant Project
Manager
WTSC Contact
William Morris
Officer
William.Morris@edmonsdwa.gov
425-967-2608
Stacey McShane
Stacey.McShane@Snoco.org
425-388-3817
Jessie Knudsen
Program Manager
jknudsen@wtsc.wa.gov
(360) 791-9456
42. AUTHORITY TO SIGN
The undersigned acknowledges that they are authorized to execute this Agreement and bind their
respective agencies or entities to the obligation set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
SUB-RECIPIENT
________________________________________
Signature
________________________________________
Printed Name
________________________________________
Title
________________________________________
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
________________________________________
Signature
________________________________________
Printed Name
________________________________________
Title
________________________________________
Date
8.9.a
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City Council Agenda Item
Meeting Date: 02/25/2025
AWC – Alternate Response Team Grant Amendment
Staff Lead: Chief Rod Sniffen
Department: Police Services
Preparer: Alexandra Ehlert
Background/History
Our community social worker position was converted from part-time to a limited, full-time position by
council consent on Nov 26, 2024. The position so far in 2025 is being funded solely through grant funds
with local funds being identified for use when grant funds are exhausted .
The Police Department applied for and received an Association of Washington Cities (AWC) grant on July
1, 2024. The Alternative Response Team Grant or ARTG is how it is referred to. The ARTG funds were
used to pay for the social worker position through 2024 and continues into 2025. AWC has now offered
to provide additional funds to our current agreement. This will extend the time for which grant funds
will cover our social worker. The amendment adds $49,000 additional money making the total grant
award $100,000 (up from the original $51,000). The performance period for this grant began on July 1,
2024 and runs through June 30, 2025.
As of 1/31/25 and including the additional funds, we will have $66,936.34 remaining to use. We are
estimating $10,000 per month for salary and benefits, so we will be able to use the grant fully through
6/30/25. The additional funding will decrease when local funds will be necessary and the amount of
local funding needed in 2025. The required clinical supervision costs will also come out of grant funds.
We continue to seek out and apply for grant funding as a key source for our social worker program, only
using local funds to fill the gaps.
Sharon Cates approved the amendment as to form on 1/27/25.
Committee B approved this item for consent agena on 2/18/25.
The original contract is attached for reference.
Staff Recommendation
Staff recommends Council approve the Mayor to sign the ARTG (Grant) Agreement - Amendment A on
the consent agenda.
Narrative
Purpose
Amend the ART24-05 (Grant) which provides funding our community social worker program. The grant
program is offering us an additional $49,000 in funding.
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Attachments:
24-05_ARTG_Edmonds
Amendment A 24-05_Edmonds_DRAFT 020625
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Alternative Response Team Grant Grantee Funding Agreement
Association of Washington Cities
Grant (“Grant”) with
City of Edmonds
through
The Alternative Response Team Grant.
A program funded through the Washington State Operating Budget
For
Jurisdiction name City of Edmonds
Program
description
Embedded social worker with the Edmonds Police Department
Start date: July 1, 2024
End date: June 30, 2025
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
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Face sheet
Grant Number: ART24-05
Association of Washington Cities (AWC)
Alternative Response Team Grant (ARTG)
Senate Bill 5187, Section 215-69a went into effect on July 1, 2023. The purpose of this grant is to assist cities
with the documented costs to create co-responder programs within different alternative diversion models
including law enforcement assisted diversion programs, community assistance referral and education
programs, and as part of mobile crisis teams. AWC has determined that entering into a Contract with the City
of Edmonds will meet the goals of these funds.
1. Grantee 2. Grantee doing business as (optional)
3. Grantee representative 4. AWC representative
Jacob Ewing
Special Projects Coordinator
(360) 753-4137
jacobe@awcnet.org
1076 Franklin Street SE
Olympia, WA
98501
5. Grant amount 6. Start date 7. End date 8. Tax ID #
$51,000 July 1, 2024 June 30, 2025
9. Grant purpose
Establish an alternative response team program as described in Attachment A.
AWC and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have
executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of
both parties to this Grant are governed by this Grant and the following other documents incorporated by reference:
Grantee General Terms and Conditions including Attachment “A” – Scope of Work; Attachment “B” – Budget & Budget
Narrative; Attachment “C” – Grantee Data Collection; Attachment (D) – Grantee Agent(s).
For grantee For Association of Washington Cities
Date
Date
Last revision 12/26/2023
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
Mike Rosen
Mike.Rosen@EdmondsWa.Gov
Mike Rosen
6/28/2024
Mike Rosen
Insert Tax ID
Agency Name
Mailing Address
7/1/2024
Deanna Dawson
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Alternative Response Team Grant Grantee Funding Agreement
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the Grant contact person
for all communications and billings regarding the performance of this Grant.
The Representative for AWC and their contact information are identified on the Face Sheet of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet of this
Grant.
2. TERM
The initial term of the Contract shall be July 1, 2024, and continue through June 30, 2025, unless
terminated sooner as provided herein. The term of the contract may be extended by an amendment signed
by both parties.
3. PAYMENT
AWC shall pay an amount not to exceed $51,000 for the performance of all things necessary for or
incidental to the performance of work as set forth in the ARTG Application and described in Attachment A.
Grantee's compensation for services rendered shall be based on the completion of duties as outlined in the
ARTG application, in Attachment A, in accordance with the following sections.
4. BILLING PROCEDURES AND PAYMENT
AWC will reimburse Grantee upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for AWC not more often than monthly. Grantee
will use the invoice form provided by AWC to request reimbursement.
The invoices shall describe and document, to AWC's satisfaction, a description of the work performed, the
progress of the project, and fees. The invoice shall include the Grant Number ART24-05. A receipt must
accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.
If errors are found in the submitted invoice or supporting documents, AWC will notify the Grantee to make
corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and
notify AWC.
Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the Grantee.
AWC may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for
services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be
made by AWC.
Duplication of billed costs
The Grantee shall not bill AWC for services performed under this Grant, and AWC shall not pay the
Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including
grants, for that service. This does not include fees charged for summer recreation programs.
Disallowed costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or
that of its Grantees.
Final reimbursement and reporting deadline
When the project is completed, the Grantee must submit a final report and supporting documents needed
to close out the project no later than Ju ly 31, 2025.
AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final reporting
from the Grantee has been submitted and verified.
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
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Alternative Response Team Grant Grantee Funding Agreement
Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that
are incurred prior to the expiration date must be submitted by the Contractor to AWC within thirty (30)
calendar days after the Contract expiration date. AWC is under no obligation to pay any claims that are
submitted 31 or more calendar days after the Contract expiration date (“Belated Claims”). AWC will pay
Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of
funds.
5. GRANTEE DATA COLLECTION/REPORTING REQUIREMENTS
Grantee will submit reports, in a form and format to be provided by AWC (See Attachment C). Data must
be provided to AWC along with final billing.
6. AGENT(S)
Agent(s) in this contract refers to any third-party entity and its employees that the Grantee has
subcontracted with to provide services funded through this agreement. The Grantee is responsible for
ensuring that any agent complies with the provision herein.
Any of the Grantee’s agent(s) that will provide services under this contract must be listed in Attachment D –
Grantee Agent(s) and must provide proof of insurance per Section 6 of this document.
7. INSURANCE
a. Workers’ compensation coverage. The Grantee shall at all times comply with all applicable workers’
compensation, occupational disease, and occupational health and safety laws, statutes, and
regulations to the fullest extent applicable. This requirement includes the purchase of industrial
insurance coverage for the Grantee’s employees, as may now hereafter be required of an “employer”
as defined in Title 51 RCW. Such workers’ compensation and occupational disease requirements shall
include coverage for all employees of the Grantee, and for all employees of any subcontract retained by
the Grantee, suffering bodily injury (including death) by accident or disease, which arises out of or in
connection with the performance of this Grant. Satisfaction of these requirements shall include, but
shall not be limited to:
i. Full participation in any required governmental occupational injury and/or disease insurance
program, to the extent participation in such a program is mandatory in any jurisdiction;
ii. Purchase workers’ compensation and occupational disease insurance benefits to employees in full
compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage
is not provided under mandatory governmental program in “a” above, and/or;
iii. Maintenance of a legally permitted and governmentally approved program of self-insurance for
workers’ compensation and occupational disease.
Except to the extent prohibited by law, the program of the Grantee’s compliance with workers’
compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall
provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees.
If the Grantee, or any agent retained by the Grantee, fails to effect and maintain a program of
compliance with applicable workers’ compensation and occupational disease laws, statutes, and
regulations and AWC incurs fines or is required by law to provide benefits to such employees, to obtain
coverage for such employees, the Grantee will indemnify AWC for such fines, payment of benefits to
Grantee or Grantee employees or their heirs or legal representatives, and/or the cost of effecting
coverage on behalf of such employees. Any amount owed AWC by the Grantee pursuant to the
indemnity may be deducted from any payments owed by AWC to the Grantee for the performance of
this Grant.
b. Automobile insurance. In the event that services delivered pursuant to this Grant involve the use of
vehicles, owned or operated by the Grantee, automobile liability insurance shall be required. The
minimum limit for automobile liability is:
$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
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c. Business automobile insurance. In the event that services performed under this Grant involve the
use of vehicles or the transportation of clients, automobile liability insurance shall be required. If
Grantee-owned personal vehicles are used, a Business Automobile policy covering a minimum Code 2
“owned autos only” must be secured. If the Grantee’s employees’ vehicles are used, the Grantee must
also include under the Business Automobile policy Code 9, coverage for “non-owned autos.” The
minimum limits for automobile liability is:
$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
d. Public liability insurance (General liability). The Grantee shall at all times during the term of this
Grant, at its cost and expense, carry and maintain general public liability insurance, including
contractual liability, against claims for bodily injury, personal injury, death, or property damage
occurring or arising out of services provided under this Grant. This insurance shall cover such claims as
may be caused by any act, omission, or negligence of the Grantee or its officers, agents,
representatives, assigns or servants. The limits of liability insurance, which may be increased from time
to time as deemed necessary by AWC, with the approval of the Grantee (which shall not be
unreasonably withheld), shall not be less than as follows:
Each occurrence $1,000,000
Products-completed operations limit $2,000,000
Personal and advertising injury limit $1,000,000
Fire damage limit (any one fire) $ 50,000
e. Local governments that participate in a self-insurance program. Alternatively, Grantees may
maintain a program of self-insurance or participate in a property/liability pool with adequate limits to
comply with the Grant insurance requirements or as is customary to the contractor or Grantee’s
business, operations/industry, and the performance of its respective obligations under this Grant.
f. Additional insured. The Association of Washington Cities, shall be specifically named as an additional
insured on all policies, including Public Liability and Business Automobile, except for liability insurance
on privately-owned vehicles, and all policies shall be primary to any other valid and collectible
insurance.
AWC may waive the requirement to be specially named as an additional insured on policies, including
Public Liability and Business Automobile, provided that the Grantee provides: (1) a description of its
self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and
deductibles. All self-insured risk management programs or self-insured/liability pools must comply with
RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance
Program, the Washington State Auditor’s reporting requirements and all related federal and state
regulations. Grantees participating in a joint risk pool shall maintain sufficient documentation to support
the aggregate claim liability information reported on the balance sheet. AWC, its agents, and
employees need not be named as additional insured under a self-insured property/liability pool, if the
pool is prohibited from naming third parties as additional insured.
g. Proof of insurance. Certificates and or evidence satisfactory to the AWC confirming the existence,
terms and conditions of all insurance required above shall be delivered to AWC within five (5) days of
the Grantee’s receipt of Authorization to Proceed.
h. General insurance requirements. Grantee shall, at all times during the term of the Grant and at its
cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy
and maintain the required insurance may result in the termination of the Grant at AWC’s option. By
requiring insurance herein, AWC does not represent that coverage and limits will be adequate to
protect Grantee and such coverage and limits shall not limit Grantee’s liability under the indemnities
and reimbursements granted to AWC in this Grant.
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
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Grantee shall include all agents of the Grantee as insureds under all required insurance policies, or
shall furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all
insurance requirements stated herein. Failure of agent(s) to comply with insurance requirements does
not limit Grantee’s liability or responsibility.
8. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
• Grant and Grantee General Terms and Conditions
• Attachment A – ARTG Application & Scope of Work
• Attachment B – Budget & Budget Narrative
• Attachment C – Grantee Reporting Requirements
• Attachment D – Grantee Agent(s)
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
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GRANTEE GENERAL TERMS AND CONDITIONS
1. Access to data. In compliance with Chapter 39.26 RCW, the Grantee shall provide access to data
generated under this Grant to AWC, and to the extent necessary to comply with RCW 39.26, the Joint
Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access
to all information that supports the findings, conclusions, and recommendations of the Grantee’s reports,
including computer models and methodology for those models.
2. Alterations and amendments. This Grant may be amended only by mutual agreement of the parties in
writing. Such amendments shall not be binding unless they are in writing and signed by personnel
authorized to bind each of the parties.
3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the “ADA” 28
CFR Part 35. In relation to this Grant, the Grantee must comply with the ADA, which provides
comprehensive civil rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunications.
4. Assignment. Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by
the Grantee without prior written consent of AWC.
5. Assurances. AWC and the Grantee agree that all activity pursuant to this Grant will be in accordance with
all applicable current federal, state and local laws, rules and regulations.
6. Attorney’s fees. In the event of litigation or other action brought to enforce contract terms, each party
agrees to bear its own attorney’s fees and costs.
7. Budget revisions. Any monetary amount budgeted by the terms of this Grant for various activities and line
item objects of expenditure, as outlined in Attachment B – Budget & Budget Narrative, may be revised
without prior written approval of AWC, so long as the revision is no more than ten percent (10%) of the
original line item amount and the increase in an amount is offset by a decrease in one or more other
amounts equal to or greater than the increase. All other budget revisions exceeding ten percent (10%) shall
only be made with the prior written approval of AWC. Grantee will use the funding change request form
provided by AWC to request these budget revisions.
8. Certification regarding wage violations. The Grantee certifies that within three (3) years prior to the date
of execution of this Grant, Grantee has not been determined by a final and binding citation and notice of
assessment issued by the Washington Department of Labor and Industries or through a civil judgment
entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082,
any provision of RCW chapters 49.46, 49.48, or 49.52.
The Grantee further certifies that it will remain in compliance with these requirements during the term of
this Grant. Grantee will immediately notify AWC of any finding of a willful violation entered by the
Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or
general jurisdiction entered during the term of this Grant.
9. Change in status. In the event of substantive change in the legal status, organizational structure, or fiscal
reporting responsibility of the Grantee, Grantee agrees to notify AWC of the change. Grantee shall provide
notice as soon as practicable, but no later than thirty (30) days after such a change takes effect.
10. Rights in data/ownership. Grantee agree that all data and work products (collectively “Work Product”)
produced pursuant to the Scope of Work of this Agreement will be considered a work for hire under the
U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by HCA. Grantee is hereby commissioned to
create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas,
improvements, inventions, methods, models, processes, techniques, findings, conclusions,
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recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent,
register and the ability to transfer these rights and all information used to formulate such Work Product.
If for any reason the Work Product would not be considered a work for hire under applicable law, Grantee
assigns and transfers to HCA, the entire right, title and interest in and to all rights in the Work Product and any
registrations and copyright applications relating thereto and any renewals and extensions thereof.
Grantee will execute all documents and perform such other proper acts as HCA may deem necessary to
secure for HCA the rights pursuant to this section.
Grantee will not use or in any manner disseminate any Work Product to any third party, or represent in any
way Grantee ownership of any Work Product, without the prior written permission of HCA. Grantee will take all
reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose,
transmit or perform any Work Product or any portion thereof, in any form, to any third party.
Material that is delivered under this Agreement, but that does not originate therefrom (“Preexisting Material”),
must be transferred to HCA with a nonexclusive, royalty-free, irrevocable license to publish, translate,
reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so.
Grantee agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion
of Preexisting Material. HCA will have the right to modify or remove any restrictive markings placed upon the
Preexisting Material by Grantee.
Grantee must identify all Preexisting Material when it is delivered under this Agreement and must advise HCA
of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any
Preexisting Material at the time of delivery of such Preexisting Material. Grantee must provide HCA with
prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual
property right worldwide received by Grantee with respect to any Preexisting Material delivered under this
Agreement.
11. Covenant against contingent fees. The Grantee warrants that no person or selling agent has been
employed or retained to solicit or secure this Grant upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent
maintained by the Grantee for the purpose of securing business. AWC shall have the right, in the event of
breach of this clause by the Grantee, to annul this Grant without liability or, in its discretion, to deduct from
the contract price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fees.
12. Disputes. In the event that a dispute arises under this Grant, the parties will use their best efforts to
amicably resolve any dispute, including use of alternative dispute resolution options.
13. Duplicate payment. AWC shall not pay the Grantee, if the Grantee has charged or will charge the State of
Washington or any other party under any other contract or agreement, for the same services or expenses.
14. Entire agreement. This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to
bind any of the parties hereto.
15. Ethical conduct. Neither the Grantee nor any employee or agent of the Grantee shall participate in the
performance of any duty or service in whole or part under this Grant in violation of, or in a manner that
violates any provision of the Ethics in Public Service law at Chapter 42.52 RCW, RCW 42.17A.550, RCW
42.17A.555, and 41.06.250 prohibiting the use of public resources for political purposes.
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Alternative Response Team Grant Grantee Funding Agreement
16. Governing law and venue. This Grant shall be construed and interpreted in accordance with the laws of
the State of Washington and the venue of any action brought hereunder shall be in Superior Court for
Thurston County.
17. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless
AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death
arising out of or resulting from the performance of this Grant. “Claim” as used in this Grant, means any
financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees,
attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property
including loss of use resulting therefrom. Additionally, ‘”claims” shall include but not be limited to,
assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction
or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent,
trademark, trade name, or otherwise results in an unfair trade practice or in unlawful restraint of
competition. Grantee’s obligation to indemnify, defend and hold harmless includes any claim by Grantee’s
agents, employees, representatives, or any subcontractor or its employees.
Grantee expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs,
charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to
Grantee’s or its agent’s performance or failure to perform the Grant. Grantee’s obligation to indemnify,
defend, or hold harmless AWC shall not be eliminated or reduced by any actual or alleged concurrent
negligence by AWC, or their agents, employees, or officials.
Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
harmless AWC, and their agents, employees, or officials.
18. Independent capacity of the grantee. The parties intend that an independent Grantee relationship will be
created by this Grant. The Grantee and his/her employees or agents performing under this Grant are not
employees or agents of AWC. The Grantee will not hold itself out as nor claim to be an officer or employee
of AWC, nor will the Grantee make any claim or right, privilege, or benefit which would accrue to such
employee under law. Conduct and control of the work will be solely with the Grantee.
19. Licensing and accreditation standards. The Grantee shall comply with all applicable local, state, and
federal licensing, accreditation and registration requirements/standards, necessary to the performance of
this Grant.
20. Limitation of authority. Only AWC or AWC’s delegate by writing (delegation to be made prior to action)
shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or
condition of this Grant is not effective or binding unless made in writing and signed by AWC.
21. Non-discrimination. The Grantee shall comply with all the federal and state non-discrimination laws,
regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, on the
ground of sex, race, creed, religion, color, national origin, marital status, families with children, age, veteran
or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained
dog guide or service animal, be unlawfully excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any activity performed by the Grantee and its agents under this
Grant. The Grantee shall notify AWC immediately of any allegations, claims, disputes, or challenges made
against it under non-discrimination laws, regulations, or policies, or under the Americans with Disabilities
Act. In the event of the Grantee’s noncompliance or refusal to comply with this nondiscrimination provision,
this Grant may be rescinded, cancelled or terminated in whole or part, and the Grantee may be declared
ineligible for further contracts with AWC.
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
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22. Overpayments. Grantee shall refund to AWC the full amount of any overpayment under this Grant within
thirty (30) calendar days of written notice. If Grantee fails to make a prompt refund, AWC may charge
Grantee one percent (1%) per month on the amount due until paid in full.
23. Public disclosure. Grantee acknowledges that AWC is subject to the Washington State Public Records
Act, Chapter 42.56 RCW, and AWC acknowledges that the Grantee is subject to the Washington State
Public Records Act, Chapter 42.56 RCW, and that this Grant shall be a public record as defined in RCW
42.56. Any specific information that is claimed by either party to be confidential or proprietary must be
clearly identified as such by that party. To the extent consistent with chapter 42.56 RCW, each party shall
attempt reasonably to maintain the confidentiality of all such information marked confidential or proprietary.
If a request is made to view such information, the party receiving the public records request will notify the
other party of the request and the date that such records will be released to the requester unless the other
party obtains a court order enjoining that disclosure. If such party fails to obtain the court order enjoining
disclosure, the party receiving the records request will release the requested information on the date
specified.
24. Publicity. The Grantee agrees to submit to AWC all advertising and publicity matters relating to this Grant
which in the AWC’s judgment, AWC’s name can be implied or is specifically mentioned. The Grantee
agrees not to publish or use such advertising and publicity matters without the prior written consent of
AWC.
25. Registration with Department of Revenue. The Grantee shall complete registration with the Department
of Revenue and be responsible for payment of all taxes due on payments made under this Grant.
26. Records maintenance. The Grantee shall maintain all books, records, documents, data and other evidence
relating to this Grant and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Grant. Grantee shall retain such records for a period of six years
following the date of final payment. At no additional cost, these records, including materials generated under
the Grant, shall be subject at all reasonable times to inspection, review or audit by the AWC, personnel duly
authorized by AWC, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be
retained until all litigation, claims, or audit findings involving the records have been resolved.
27. Right of inspection. The Grantee shall provide right of access to its facilities utilized under this Grant to
AWC or any of its officers responsible for executing the terms of this Grant at all reasonable times, in order
to monitor and evaluate performance, compliance, and/or quality assurance under this Grant on behalf of
AWC. All inspections and evaluations shall be performed in such a manner that will not unduly interfere
with the Grantee’s business or work hereunder.
28. Severability. The provisions of this Grant are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Contract.
29. Subcontracting. Neither the Grantee nor any agent of the Grantee shall enter into subcontracts for any of
the work contemplated under this Grant without obtaining prior written approval of AWC. Grantee is
responsible to ensure that all terms, conditions, assurances and certifications set forth in this Grant are
included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release
or reduce liability of the Grantee to the AWC for any breach in the performance of the Grantee’s duties.
This clause does not include contracts of employment between the Grantee and personnel assigned to
work under this Grant.
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
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If, at any time during the progress of the work, AWC determines in its sole judgment that any agent of the
Grantee is incompetent, AWC shall notify the Grantee, and the Grantee shall take immediate steps to
terminate the agent's involvement in the work. The rejection or approval by AWC of any agent or the
termination of an agent shall not relieve the Grantee of any of its responsibilities under the Grant, nor be
the basis for additional charges to AWC.
30. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the Grantee or its staff shall be the sole responsibility of the Grantee.
31. Technology security requirements. Grantee must ensure that all data and devices used to carry out
Program follow all applicable state and federal data privacy and protection requirements. Grantee must
ensure that data is properly secured and protected using best practices for security and protection from
outside intrusion from parties not associated with the Program.
32. Termination for convenience. Except as otherwise provided in this Grant, AWC may, by ten (10) days
written notice, beginning on the second day after the mailing, terminate this Grant in whole or in part. The
notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and
received by the Grantee as of midnight the second day of mailing in the absence of proof of actual delivery
to and receipt by the Grantee. If this Grant is so terminated, AWC shall be liable only for payment required
under the terms of the Grant for services rendered or goods delivered prior to the effective date of
termination.
33. Termination for default. In the event AWC determines the Grantee has failed to comply with the
conditions of this Grant in a timely manner, AWC has the right to suspend or terminate this Grant. AWC
shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken
within thirty (30) days, the Grant may be terminated. AWC reserves the right to suspend all or part of the
Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds
during investigation of the alleged compliance breach and pending corrective action by the Grantee or a
decision by AWC to terminate the Contract. In the event of termination, the Grantee shall be liable for
damages as authorized by law including, but not limited to, any cost difference between the original Grant
and the replacement or cover Grant and all administrative costs directly related to the replacement Grant,
e.g., cost of the competitive bidding, mailing, advertising and staff time. The termination shall be deemed to
be a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure
to perform was outside of his or her control, fault or negligence. The rights and remedies of the AWC
provided in this Grant are not exclusive and are in addition to any other rights and remedies provided by
law.
34. Termination due to funding limitations or contract renegotiation, suspension. In the event funding
from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of
this Grant and prior to normal completion of this Grant, with the notice specified below and without liability
for damages:
a. At AWC’s discretion, AWC may give written notice of intent to renegotiate the Grant under the
revised funding conditions.
b. At AWC’s discretion, AWC may give written notice to Grantee to suspend performance when AWC
determines there is reasonable likelihood that the funding insufficiency may be resolved in a
timeframe that would allow Grantee’s performance to be resumed.
(1) During the period of suspension of performance, each party will inform the other of any
conditions that may reasonably affect the potential for resumption of performance.
(2) When AWC determines that the funding insufficiency is resolved, it will give the Grantee
written notice to resume performance, and Grantee shall resume performance.
(3) Upon the receipt of notice under b. (2), if Grantee is unable to resume performance of this
Grant or if the Grantee’s proposed resumption date is not acceptable to AWC and an
acceptable date cannot be negotiated, AWC may terminate the Grant by giving written
notice to the Grantee. The parties agree that the Grant will be terminated retroactive to the
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
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date of the notice of suspension. AWC shall be liable only for payment in accordance with
the terms of this Grant for services rendered prior to the retroactive date of termination.
c. AWC may immediately terminate this Grant by providing written notice to the Grantee. The
termination shall be effective on the date specified in the termination notice. AWC shall be liable
only for payment in accordance with the terms of this Grant for services rendered prior to the
effective date of termination. No penalty shall accrue to AWC in the event the termination option in
this section is exercised.
d. For purposes of this section, “written notice” may include email.
35. Termination procedure. Upon termination of this Grant the AWC, in addition to other rights provided in
this Grant, may require the Grantee to deliver to AWC any property specifically produced or acquired for
the performance of such part of this Contract as has been terminated. The provisions of the “Treatment of
Assets” clause shall apply in such property transfer.
The AWC shall pay to the Grantee the agreed upon price, if separately stated, for completed work and
services accepted by AWC and the amount agreed upon by the Grantee and AWC for (a) completed work
and services for which no separate price is stated, (b) partially completed work and services, (c) other
property or services which are accepted by AWC, and (d) the protection and preservation of the property,
unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to
agree with such determination shall be a dispute within the meaning of the “Disputes” clause for this Grant.
The AWC may withhold from any amounts due to the Grantee such sum as AWC determines to be
necessary to protect AWC against potential loss or liability.
The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any
other rights and remedies provided by law under this Grant.
After receipt of a notice of termination, and except as otherwise directed by the AWC, the Grantee shall:
a. Stop work under this Grant on the date and to the extent specified, in the notice;
b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary
for completion of such portion of the work under the Grant that is not terminated;
c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, title, and
interest of the Grantee under the orders and subcontracts in which case AWC has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts,
with the approval or ratification of AWC to the extent the AWC may require, which approval or
ratification shall be final for all the purposes of this clause;
e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC,
any property which, if the Grant had been completed, would have been required to be furnished to
AWC;
f. Complete performance of such part of the work not terminated by AWC; and
g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of
the property related to this Grant which, in is in the possession of the Grantee and in which AWC has or
may acquire an interest.
36. Waiver. A failure by either part to exercise its rights under this Grant shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default
or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to
be such in writing and signed by personnel authorized to bind each of the parties.
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Attachment A
ARTG Application & Scope of Work
PURPOSE
The purpose of this grant is to assist cities with the documented costs to create co -responder
programs within different alternative diversion models including law enforcement assisted
diversion programs, community assistance referral and education programs, and as part of
mobile crisis teams.
CONTRACTOR RESPONSIBILITIES
GRANTEE is required to implement the Alternative Response Team Grant (ARTG) Program as
described in their application for funding, with no unapproved substantive derivations. Requests
for changes to this scope of work, or services laid out in the applicant ’s application can be made
to Jacob Ewing, Special Projects Coordinator at jacobe@wacities.org.
This program shall include the following elements as central features of their program:
• Grant recipients must establish a co-responder team using an alternative diversion
model including law enforcement assisted diversion program, community assistance
referral and education program, or a mobile crisis team.
In the event that there is a change in the contract or program management staff paid for by this
grant, it is expected that GRANTEE will notify AWC of the change to include the name and
contact information for the new staff member.
If GRANTEE fails to perform to the standards set forth above, AWC remains able to remedy
noncompliance as outlined in the grant document, including provisions for suspension,
termination and/or recapture of funds already paid to the grantee.
SCOPE & GOALS OF ARTG PROGRAM
The Edmonds Police Department will embed a social worker within the department to assist
patrol officers with individuals in crisis. The social worker will respond alongside patrol officers,
assist with the immediate care and coordination for an individual in crisis, provide case
management, and work with outside agencies to assist individuals.
The goals of the program include:
• Shift case management and care of individuals in crisis from patrol officers to the
embedded social worker.
• Provide officers with a resource for responding to mental health, substance use, or other
crisis calls.
• Provide case management to individuals in need to reduce their reliance or need to call
911.
DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188
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Attachment B
ARTG Budget & Narrative
GRANT FUNDED PROGRAM BUDGET
Category Cost
Staffing $51,000
Supplies & Equipment $0
Professional Services $0
Other $0
TOTAL $51,000
PROGRAM BUDGET NARRATIVE
Staffing: Grant funds will be used for the salary and benefits of a social worker to be embedded with the
Edmonds Police Department
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Attachment C
Grantee Reporting Requirements
FINAL REPORT
A final program report is due to AWC by July 31, 2025. Programs should make reasonable efforts
to collect and report on the following information:
• Describe program participants including:
o Number of individuals served
o Gender (Male, Female, Nonbinary, etc.) of individuals served
o Age of individuals served
o Veteran status of individuals served
o Substance abuse or mental health issues of individuals served
o Reason for contact
o Outcome of contact (No outcome, referral to services, involuntary transport, etc.)
o Long-term outcome of individual receiving services (No outcome, permanent
housing, shelter, etc.)
• Describe the type of program funded and the geographic area served.
• Explain how the program targeted vulnerable individuals.
• Explain how the program created greater access for vulnerable individuals to available
programs and services.
• Discuss program successes and challenges.
MONTHLY REPORT
Additionally, Grantees will submit monthly status reports to AWC. Monthly reports will be due
the five business days following the end of the previous month. The monthly reports will address
the following questions:
• Briefly describe the work accomplished over the past month?
• What successes has your program seen this past month?
• What challenges has your program seen this past month?
• Do you have any challenges or issues you need to discuss with AWC?
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Attachment D
Grantee Agent(s)
List any Agent(s) that will provide program services in a program funded through the
ARTG Program.
Name of Agent Address
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Alternative Response Team Grant Agreement
Amendment A
Additional Grant Funds
Amendment Effective Date:
The grant agreement, Grant Number: ART24-05 (GRANT), made on July 1, 2024, by and
between the Association of Washington Cities (AWC), a private nonprofit corporation, and
the City of Edmonds (GRANTEE) is amended as follows:
The Grant Amount for this agreement is increased from $51,000 to $100,000. AWC shall
pay an amount not to exceed $100,000 for the performance of all things necessary for or
incidental to the performance of work as set forth in the GRANT as described in ARTG
Application & Scope of Work (Attachment A).
The ARTG Budget & Narrative (Attachment B) is hereby amended to read as follows:
Grant Funded Program Budget
Category Original Agreement Updated Agreement Difference
Staffing $51,000 $97,000 +$46,000
Supplies & Equipment $0 $0 $0
Professional Services $0 $3,000 +$3,000
Other $0 $0 $0
Total $51,000 $100,000 +$49,000
Program Budget Narrative
Staffing: Grant funds will be used for the salary and benefits of a social worker to be
embedded with the Edmonds Police Department.
Professional Services: Grant funds will be used to pay for mental health professional
oversight of the social worker embedded with the Edmonds Police Department.
The GRANTEE affirms that the updated category amounts in Attachment B will be fully
used to carry out the program as described in Attachment A of the GRANT, as well as the
mission and goals of the Alternative Response Team Grant.
All other terms and conditions of the GRANT shall remain in full force and effect.
By their execution below, the parties hereto have agreed to all of the terms and conditions
of this Amendment effective as of the Amendment Effective Date listed above, and each
signatory represents it has the full authority to accept this Amendment, and to bind their
respective party to all of the terms and conditions herein.
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City Council Agenda Item
Meeting Date: 02/25/2025
Limited Staff Services Agreement with City of Everett for Social Worker Supervision
Staff Lead: Chief Sniffen
Department: Police Services
Preparer: Alexandra Ehlert
Background/History
Licensed Social Workers (LICSW) have a requirement of clinical supervision by a more qualified person in
the field (usually a Masters-level SW or higher with experience). This requirement is a best practice and
quality assurance for services they provide. Our embedded social worker - Erin Nathan - is not licensed
so we are not required under LICSW guidelines to provide clinical supervision, however the grant we are
using to fund this position does require it. Previously, we had a professional services agreement with
Wendy Warman; a private, practicing, social worker that possessed the necessary credentials and
experience to provide clinical oversight. Warman worked with Erin for several months. That agreement
expired 12/31/24 and Ms. Warman declined to renew.
Moving forward, the City of Everett has agreed to provide clinical supervision through a Limited Staff
Services Agreement. The city of Everett has a robust social worker program where they employ a
supervisor and 5 LICSWs that do field work. Under this agreement, Everett’s supervising social worker
will meet with Erin monthly for 2 hours satisfying the supervision requirement of the grant. Everett’s SW
Supervisor - Kelly Rourke - has the necessary credentials and experience to perform this work. As clinical
supervision is a frequent requirement for grants in this discipline, this agreement provides the
continuum for further grant opportunities. Having this clinical supervision in place also fulfills a needed
requirement for the city’s liability insurance through WCIA.
The cost for Ms. Rourke’s services is approximately $94.00/hour which includes all salary and benefits
paid to her by the City of Everett. The WA OFM current, per-mile vehicle reimbursement rate is $.70 per
mile. The recognized distance between our two cities is 18 miles (36 round trip) for a total vehicle cost
of $25.20 per visit (unless we have Erin go to Everett). We will be billed for actual payroll costs (which
can vary slightly) and vehicle costs as stated in the compensation section of the agreement. The
anticipated two (2) hours per month will be all that is necessary. These supervision costs can be billed to
the grant we are using for this program, which expires on July 1, 2025.
Sharon Cates approved the agreement as to form on 1/27/25.
Committee B approved the item for consent on 2/18.
Staff Recommendation
Staff recommends the Council approve the Mayor to sign the Limited Staff Services Agreement with the
City of Everett for Social Worker clinical supervision on the consent agenda.
Narrative
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Purpose
Social Worker oversight is required under the grant we have that pays for our embedded social worker -
Erin Nathan.
Attachments:
Limited Staff Services Agreement Everett CD- Edmonds PD- DRAFT
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1
LIMITED STAFF SERVICES AGREEMENT
This Limited Staff Services Agreement (“Agreement”) is effective as of the date of last
signature below, and is between the City of Everett, a Washington municipal corporation
(“Everett”), and the agency identified below (“Agency”). In consideration of the covenants,
terms and conditions set forth below, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Everett and Agency agree as set forth below:
1. BASIC PROVISIONS
Agency
City of Edmonds Police Department
250 Fifth Avenue N, Edmonds WA 98020
Enter Agency city, state, zip
Agency
Project
Manager:
Assistant Police Chief Loi Dawkins
Loi.Dawkins@edmondswa.gov
Start Date February 1, 2025
End Date January 31, 2026
Staff Position to
be Provided by
Everett to
Agency
Community Support Manager/ Social Work Supervisor
Approximate
Hours Required
2 hours per month
Description of
Services
Provide clinical supervision to one (1) social worker employed by the
Edmonds Police Department.
Everett Project
Manager
Kelli Roark
City of Everett
2930 Wetmore Ave, Suite 8A
Everett, WA 98201
kroark@everettwa.gov
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Compensation
to Everett (must
select one)
☒ Standard
Agency will pay Everett for labor costs on an hourly basis based
on actual Everett payroll costs for the Everett staff person
provided, including wages and benefits. In addition, Agency will
pay the standard Everett vehicle costs based on hours/miles
driven for services. These vehicle costs will be based on the
Washington State Office of Financial Management mileage
reimbursement rate.
☐ Custom
Enter description of custom compensation arrangement
2. PURPOSE AND TERM. The purpose of this Agreement is to allow an Everett staff
member to provide limited services to another agency. The term of this Agreement starts on the
Start Date in the Basic Provisions and ends on the End Date in the Basic Provisions. Either party
may terminate this Agreement effective on written notice to the other, in which case Agency will
pay Everett for services rendered to date of termination.
3. SERVICES. Everett will provide the staff position/person identified in the Basic
Provisions to Agency for services as stated in the Basic Provisions. Schedule and hours will be as
determined by the Everett Project Manager and the Agency Project Manager. Schedule and
hours of services are always dependent on availability and subject to the Everett Project
Manager’s discretion.
4. INVOICES. Unless the Everett Project Manager and the Agency Project Manager
determine a different invoice schedule, Everett will submit monthly invoices to Agency. Agency
shall pay within thirty (30) days of receipt of an invoice.
5. RELEASE. Everett makes no promises, representations or guarantees to Agency
that services to be provided by Everett under this Agreement are sufficient or appropriate for
Agency. Everett provides the services absolutely without warranty of any kind. Agency remains
solely responsible for its own mission, for continuously evaluating the Everett services, and for
determining whether the services actually assist Agency. In its evaluations, Agency may always
consider providing its services and terminating this Agreement. Agency acknowledges that
paying the compensation provided in the Basic Provisions does not compensate Everett for
assuming legal risk associated with services. Accordingly, if Everett fails for any reason to
provide the services or fails to properly provide such services, Agency’s exclusive remedy is
termination of this Agreement, and, as appropriate, refunding of amounts paid by Agency for
the services. Except for this exclusive remedy, Agency hereby waives and releases all claims of
any kind whatsoever against the Everett (and the Everett’s officers, employees, and agents)
with respect to services provided under this Agreement, including without limitation all cl aims
arising from any negligence or any other shortcoming or other failure to provide the services.
This release survives termination or expiration of this Agreement.
6. PERSONNEL. All Everett employees rendering services hereunder shall be
considered employees of Everett for all purposes and shall at all times be agents or employees
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of Everett and shall not be considered for any purpose under this Agreement to be an agent or
employee of the Agency. Everett shall control the conduct of personnel, including standards of
performance, discipline and all other aspect of performance.
7. OTHER PROVISIONS/SIGNATURE. This is the entire agreement of the parties
regarding the subject matter of this Agreement and supersedes any other agreement, written
or oral. No amendment of this Agreement is effective unless in writing and signed by both
parties, with the Mayor signing for Everett and an Agency-authorized representative signing for
the Agency. Notices to the parties must be to the project managers in the Basic Provisions.
AdobeSign signatures are fully binding.
AGENCY:
CITY OF EDMONDS POLICE DEPARTMENT
Signature: ____________________________
Name of Signer: Enter signer’s name
Title of Signer: Enter title
CITY OF EVERETT:
____________________________
Cassie Franklin, Mayor
Attest:
________________________
Office of the City Clerk
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
JANUARY 30, 2024
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City Council Agenda Item
Meeting Date: 02/25/2025
Legal Assessment Committee Proposed 2025 Work Plan
Staff Lead: Councilmembers Paine and Tibbott
Department: City Council
Preparer: Beckie Peterson
Background/History
In 2023, Council passed Ordinance 4318, which amended Chapter 2.05, “City Attorney and City
Prosecutor,” to authorize the creation of a Legal Assessment Committee. The mission of this committee
is to conduct an annual review of the city attorney and the city prosecutor performance and,
periodically, to make recommendations regarding any proposed changes “to the continue with the
present professional services contracts, publicize a request for proposal process, or seek to transition
towards making either the city attorney or city prosecutor positions as employees of the city
administration.”
Recommendation
Approve the proposed 2025 Legal Assessment Committee Workplan.
Narrative
This working committee is comprised of Councilmembers Neil Tibbott and Susan Paine (chair). After
consultation with members of the administration, the Legal Assessment Committee proposes the
attached workplan for 2025.
Attachments:
2025.02.18 Legal Assesment Committee - Proposed 2025 Work Plan for COTW
ECC 2.05.035 City Attorney and City Prosecutor Performance review
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P
Edmonds City Council
LEGAL ASSESSMENT COMMITTEE
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
Proposed 2025 Legal Assessment Committee Work Plan
COMMITTEE MEMBERS: SUSAN PAINE, NEIL TIBBOTT
1. Annual Assessment of Legal Vendors
1. City Attorneys’ Assessment:
• Legal Assessment Committee members will Initiate input from the following
members of Edmonds city government:
• Elected Officials: Mayor, Councilmembers
• Administration/Staff who regularly interact with City Attorneys:
Directors, Senior Management, Court Staff (e.g. Court Administrator),
Police Staff (e.g. Public Information Officer)
• This outreach will consist of an email with specific feedback-focused questions that
the Legal Assessment Committee members would be available to receive at any
time. Committee members will make specific outreach inquiries. (February to July,
2025)
• Have follow up meeting with a representative of the city attorney firm to discuss
results of feedback. (August 2025)
• Draft a memo to be presented to Council and the public summarizing results of the
review process with the Committee’s recommendation (if any). (September 2025)
2. City Prosecutor Assessment:
• The Legal Assessment Committee will receive from HR and review monthly reports
regarding the City Prosecutor contract obligations as specified in the contract
amendment.
• The Legal Assessment Committee will participate in a quarterly meeting as
referenced in the contract amendment, in person or by videoconference, for the
purpose of a more detailed performance report from the contractor. (proposed
May and August)
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• Invite the following members of Edmonds city government to private interviews
with the Legal Assessment committee: (March to July)
• Elected Officials: Mayor, Councilmembers
• Administration/Staff/Public Defenders who regularly interact with City
Prosecutor: Court Administrator, Police Staff (e.g. Public Information
Officer, Domestic Violence Specialist)
• Have follow up meetings with HR, sharing our review comments.
• Have follow up meeting with representative of the City Prosecutor firm to discuss
results of interviews.
• Draft a memo to be presented to Council and the public summarizing results of the
interview process with the Committee’s recommendation (if any). (September
2025)
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The Edmonds City Code is current through Ordinance 4372, passed November 4, 2024.
Disclaimer: The city clerk’s office has the official version of the Edmonds City Code. Users should contact the city
clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.edmondswa.gov
Hosted by General Code.
2.05.035 Performance review.
The city council shall convene a permanent, standing legal assessment committee, comprised entirely of three
council members or less, who undertake the responsibility of assessing both the city attorney and the city
prosecutor’s performance on an annual basis. The legal assessment committee may make a recommendation,
from time to time, as needed, to the entire council to either continue with the present professional services
contracts, publicize a request for proposal process, or seek to transition towards making either the city attorney or
city prosecutor positions as employees of the city administration. The mayor and city council may also conduct
joint performance reviews as appropriate. [Ord. 4318 § 2 (Exh. A), 2023; Ord. 4279 § 1 (Exh. A), 2022].
Ch. 2.05 City Attorney and City Prosecutor | Edmonds City Code Page 1 of 1
The Edmonds City Code is current through Ordinance 4372, passed November 4, 2024.
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City Council Agenda Item
Meeting Date: 02/25/2025
Legislation related to Design Review
Staff Lead: Shane Hope
Department: Planning & Development
Preparer: Heather Lakefish
Background/History
Like many cities, Edmonds has processes and standards for design review that apply to certain types of
development. In recent years, state legislation has set new requirements for local processes and
standards. The intent of the legislation was to streamline the process and increase predictability for
using design review. That was because in many cities, design review was adding months of time and
tens of thousands of dollars in applicant and city costs--and too often the standards themselves were
not clear.
Staff Recommendation
Consider the information and ask any questions
Narrative
The City Council meeting will include a presentation about the new legislation (HB 1293, now codified as
RCW 36.70A.630) and how it will be addressed in the 2025 code updates. Here are some key points
about the legislation:
Design review definition
"Design review" means a formally adopted local government process by which projects are reviewed for
compliance with design standards for the type of use adopted through local ordinance.
No more than one public meeting
"Any design review process must be conducted concurrently, or otherwise logically integrated, with the
consolidated review and decisions process for project permits... and no design review process may
include more than one public meeting." (RCW 36.70A.630(4))
Consolidated review
Means that design review must be conducted at the same time that other reviews, such as site plan
review and SEPA., are conducted.
Design "guidelines" or "standards"?
Either term can be used, but to be enforceable, the rules must be written clearly so that applicants (and
the public) know in advance the design criteria that must be met.
"Standards" is generally the preferable term for regulating because "guidelines" implies more leeway in
9.1
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interpretation and less precision (which is fine for a policy statement but not for directly applying as a
regulation).
Clear and objective standards
Cities and counties may apply "only clear and objective development regulations governing the exterior
design of new development". A clear and objective development regulation:
· Must include at least one “ascertainable guideline, standard, or criterion by which an applicant
can determine whether a given building design is permissible under that development
regulation”; and
· Cannot result in a reduction in “density, height, bulk, or scale below the generally applicable
development regulations” for the proposed project in that zone.
Meaning of "ascertainable"
"Ascertainable" is a adjective derived from the verb "ascertain", which id defined in Black's Law
Dictionary as: "To fix; to render certain or definite; to clear of doubt or obscurity."
Administrative design review
For middle housing, any design review must be administrative only.
"Administrative design review" means a development permit process whereby an application is
reviewed, approved, or denied by the planning director or the planning director's designee based solely
on objective design and development standards without a public predecision hearing, unless such
review is otherwise required by state or federal law, or the structure is a designated landmark or historic
district established under a local preservation ordinance. A city may utilize public meetings, hearings, or
voluntary review boards to consider, recommend, or approve requests for variances from locally
established design review standards. (RCW 36.70A.030(3))
Use of design board review
Pros/cons include:
· Utilizes local residents (if available)
· Members may or may not have design or code experience
· Usually takes more time and expense for both applicant and city
Use of administrative review
Pros/cons include:
· Staff has design and code experience
· Usually takes less time and expense for both applicant and city
Comparison of Edmonds' design review
At the Council's February 25 meeting, a comparison of Edmonds' design review process and standards
with new state requirements will be presented.
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