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2025-02-25 Council PacketAgenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 FEBRUARY 25, 2025, 6:00 PM REGULAR COUNCIL MEETINGS BEGINNING AT 6:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. TO ATTEND VIRTUALLY, CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 BY PHONE: +1 253 215 8782 WEBINAR ID: 957 9848 4261 CALL TO ORDER/FLAG SALUTE 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) S. 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 Page 1 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 Edmonds City Council Agenda February 25, 2025 Page 2 4.1 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. Packet Pg. 3 4.2 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 Packet Pg. 4 4.2.a 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") v is for the provision of fire and emergency medical services (EMS). m WHEREAS, a consolidated Fire and EMS service, by a single vendor or through a n Regional Fire Protection Service Authority (RFA), has recently gained support of most elected officials in Southwest Snohomish County; and c WHEREAS, the City and District agree that a long-term agreement between the City and d the District for fire and emergency medical services is beneficial to the City and District and their w stakeholders: and 0 U WHEREAS, on November 3, 2009, the City and District entered into an Interlocal Agreement (the "Agreement') for the District to provide fire and emergency medical services to 0 the City beginning January 1, 2010; � 0 WHEREAS, such Agreement was amended pursuant to a First Amendment dated April 0- d 17, 2012 to address a fire boat; and WHEREAS, such Agreement was amended pursuant to a Second Amendment approved on January 27, 2015; and a WHEREAS, the District and the City are authorized, pursuant to Chapter 39.34 of the E a� Revised Code of Washington, to enter into Interlocal Agreements which allow the District and Q the City to cooperate with each other to provide high quality services to the public in the most m LL efficient manner possible; and do WHEREAS, the parties have analyzed the performance of the Agreement during the w period of 2010 — 2016 (the "Introductory Period") and have determined that is in their mutual •L interests and the interests of their respective stakeholders to revise and update the Agreement; n 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. Packet Pg. 5 4.2.a Adjustment Year: The year in which a new collective bargaining agreement (CBA) is effective between the District and the local chapter of the IAFF. When a new CBA has retroactive effect, the Adjustment Year shall be the date to which the CBA is retroactively applied. For example, if a CBA expires on December 31, 2014 and a new CBA 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 ILA. g. District: Snohomish County Fire Protection District No. 1. Edmonds Unit: An Edmonds Unit is any Unit based at one of the City Fire Stations with the exception of the Battalion Chief. Effective Date: February 1, 2017. E j. Esperance: "Esperance" refers to the entirety of the contiguous unincorporated area a that is completely surrounded by the City of Edmonds and commonly known as Esperance. U_ Ch k. Esperance Offset: The amount of tax revenue and fire benefit charges, if fire benefit w 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 0 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 LL 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: Packet Pg. 6 4.2.a $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. 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." Material 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. E a r. Negotiation Threshold. A designated occurrence or condition that requires the parties Q m to renegotiate the Restated ILA. LL Cl) s. Non -Edmonds Unit: A Non -Edmonds Unit is any Unit stationed at any station other w 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. Packet Pg. 7 4.2.a 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. 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 E L the functions and needs of the Fire Marshal as mutually agreed to and partially funded Q 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. LL Cn 2. STANDARDS FOR SERVICES/STAFFING w 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: 4 Packet Pg. 8 4.2.a 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 Adjusting the Contract Payment to account for the District's increased a cost in employing the selected Remedial Measures. Where the Threshold Notice pertains to subsection 2.2.1(d), topics of a, negotiation shall include increasing the amount of the Esperance Offset a m and/or reducing staff and/or reducing overhead charges that are billed to U- the City. Ch 2.2.3 The District shall identify various Remedial Measures that are likely to w expeditiously achieve the applicable goals in Section 2.2.2(i). The City may opt to L identify and notify the District about alternative Remedial Measures. After consulting with y 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 L 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 N 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 E the complete Dispute Resolution procedures, and any adjustment to the Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive to the a 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. Packet Pg. 9 4.2.a 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 tz delivery objectives adopted in 2006 ("Response Objectives") have never been met in U) 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 a a been recommended that the parties move toward a performance -based contract where W the City pays for a particular level of service that is measured by service delivery 6 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 a 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 a, 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 vn w 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 •L District shall provide the City, no later than December 31, 2017, with a report containing y the following information: (i) a list of possible measures that could be implemented to L 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 0 measure. N 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 Packet Pg. 10 4.2.a 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 ILA, service level changes Er 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 a 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 E as part of the City's chapter 35.103 RCW Response Objectives, or is mutually agreed to a 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 vn 2 subject to the complete Dispute Resolution procedures, and any adjustment to the w Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive 2 •L to the date that the service level change was initially employed. Failure of either party to y participate in, or comply with, the Dispute Resolution Procedures in Section 18.1 and/or m 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 Packet Pg. 11 4.2.a proposed removal of the Fire Inspector services at least 90 days in advance of the City providing such notice , AND FURTHER PROVIDED THAT if the 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 City 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 B. 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 �o , use by the District during the term of this Restated ILA. In the event of a conflict o 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 a 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 E stations shall be borne entirely by the City. a m L 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 vn w 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) •L days following such notice, the parties shall meet to discuss the impact of any such v, changes on this Restated ILA and to negotiate an amendment to this Restated ILA to m address such impacts. The parties recognize that there may be initial cost impacts that LL 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 cQ.i 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 E Dispute Resolution procedures. M Packet Pg. 12 4.2.a 3.2-3.3 [Completed. Deleted for clarity]' 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 10" 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 a labor collective bargaining agreement between the District and the local chapter of the IAFF (`CBA"); provided that, notwithstanding the actual terms of the CBA, the City 6 Station Personnel cost in Exhibit C shall increase from one labor agreement to the next c no more than the greater of (i) the median increase in the total cost of compensation a (i.e., combined cost of wages and benefits) of comparable fire agencies, (ii) the increase in the Consumer Price Index as measured by the CPI-W Seattle -Tacoma -Bremerton a, 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 L ii "comparable fire agencies" shall refer to a list of comparables agreed upon by the N Employer and Union through the collective bargaining process or the comparables w 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. ' 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." Packet Pg. 13 4.2.a 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 1 s' of any year in which a CBA is expiring. If a new CBA has not been executed by November 1 s' 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 Indirect Operating Cost Portion of Contract Payment. The District shall determine the, Indirect Operating Cost portion of the Contract Payment according to the following: E a • Overhead shall be ten percent (10%) of the cost of the City Station Personnel cost; ;v • Equipment maintenance and operation, medications, and supplies shall be ten N percent (10%) of the City Station Personnel cost; w • 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 10 Packet Pg. 14 4.2.a 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. L_ 4.8 EMS Transport Fees. The District shall charge fees for the basic life support and di advanced life support transports that it performs. As the EMS service provider for the w 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 •L 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 L agrees to prepare and provide in a timely fashion, reasonable documentation and/or reports to the City. ti 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]. 11 Packet Pg. 15 4.2.a 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 District 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 Safety Boat. 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 Interlocal 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 c services for the Vessel in exchange for receipt from the District of the City's normal c a hourly shop rates for labor. E 6.7.3 The Apparatus Replacement Schedule (Exhibit D to the Agreement and the Q 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 vn hereto. The Contract Payment shall reflect the addition of the Outboard Motors to this 2 w 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 12 Packet Pg. 16 4.2.a 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. 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 c one City Council member, the Mayor, the City Attorney, the Finance Director, the District a Fire Chief and at least one Commissioner from the District. E 8.2 Joint Annual Meetinq. In addition to the meeting(s) referred to in Section 8.1 above, the Q 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 N and time to discuss items of mutual interest related to this Restated ILA. 2 w 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 13 Packet Pg. 17 4.2.a 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 Full Information as Basis for Relationship. 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 Material Breach and Wind -Up Period. 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) 14 E L Q L_ LL v) 2 w Packet Pg. 18 4.2.a 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 E confer to determine whether any efficiencies have resulted from the creation of the RFA Q that could warrant reconfiguring the service provided to the City. m ii 11.4 (reserved] Cl) r- w 11.5 [reserved] 11.6 Duty to 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 ILA 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 15 Packet Pg. 19 4.2.a 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 c constitute a Material Breach of the Restated ILA and none of the penalties associated a with a Material Breach shall apply to the City. E L 12.1.2 12-Month Notice. The City's notice shall provide an effective date of termination Q 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 vn termination shall be split evenly between the parties. 2 w 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 16 Packet Pg. 20 4.2.a 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 I LA. 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. 17 E L a� Q m L ii vh 2 w Packet Pg. 21 4.2.a 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 (WCIA). 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 g than five -thousand dollars ($5,000.00). The City will hold harmless the District and its E insurance provider for any such claims lawsuits or accusations that occurred prior to the Q Commencement Date. L 17.3 Claims of Former District Employees. The District represents and warrants that it has do maintained insurance against claims by District employees for incidents and occurrences w 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, L 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 0 than five -thousand dollars ($5,000.00). u= 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. 18 Packet Pg. 22 4.2.a 17.5 Release from Claims. 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 Mediation. 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 E City and District cannot agree upon a mediator within ten (10) business days after such Q request, the City and District shall submit the matter to the Judicial Arbitration and m L Mediation Service (JAMS) and request that a mediator be appointed. This requirement ii N to mediate the dispute may only be waived by mutual written agreement before a party w 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. 0 a, 18.2 Binding Arbitration. 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 19 Packet Pg. 23 4.2.a 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 ILA 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. a 18.3 Litigation. For disputes that are not subject to binding arbitration, either party may file an E L action in Superior Court. Jurisdiction and venue for such actions shall lie exclusively in Q m Superior Court for Snohomish County, Washington. Each party expressly waives the LL right to a jury trial. The party substantially prevailing in any such action or proceeding do shall be awarded its reasonable costs and attorneys' fees. w 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: City Clerk: Snohomish County Fire Protection District No. 1 City of Edmonds 12425 Meridian Avenue 121 51h Avenue North Everett, WA 98208 Edmonds, WA 98020 0141,. Packet Pg. 24 4.2.a Or, to such other address as the foregoing City and District hereto may from time -to -time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 19.2 Other Cooperative Agreements. Nothing in the Restated ILA shall preclude the City and the District form entering into contracts for service in support of this Restated ILA. 19.3 Public Duty Doctrine. This Restated ILA shall not be construed to provide any benefits to any third parties. Specifically, and without limiting the foregoing, this Restated ILA shall not create or be construed as creating an exception to the Public Duty Doctrine. The City and District shall cooperate in good faith and execute such documents as necessary to effectuate the purposes and intent of this Restated ILA. 19.4 Entire Agreement. The entire agreement between the City and District hereto is contained in this Restated ILA and exhibits thereto. This Restated ILA supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. This Restated ILA supersedes the Agreement except where provisions have expressly been omitted for clarity and conciseness. Only those exhibits referenced in this Restated ILA shall continue to be effective. 19.5. Amendment. This Restated ILA may be amended only by written instrument approved by the governing bodies of the City and District subsequent to the date hereof. Notwithstanding the foregoing, the parties agree that the formulas for NUUF, UUF, and TBF may be changed administratively by mutual agreement of the parties if executed by the Mayor and Council President (for the City) and the District Fire Chief (for the District) in the event that a significant change occurs which would affect such formulas (e.g. RFA is formed, changes in dispatch technology); provided however, that any changes to the formulas shall be consistent with the underlying intent. Dated this _jjjday of It V 1 017 SNOHOMISH COUNTY FIRE PR TECTION DISTRICT NO a, � �A1�te,uvti 0 21 By: E a� Q m L ii Ch r- w Packet Pg. 25 4.2.a Approv as to form: By: YlstricAtfdm,iiK CITY OF EDMONDS By: Attest: Approved as to form: 0 City Attorney 22 E L Q L_ Cn C W Packet Pg. 26 4.2.a Attest: Approved as to form: District Attorney CITY O EDMONDS D 6 By: Attest: - Approved as to form: By: City Attorney 22 E L Q L_ Cn C W Packet Pg. 27 4.2.a 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, a printer, telephone landlines, and postal support for the use of the Fire Marshal and Fire Inspector in Edmonds City Hall. a 6. All fees collected for Fire Permits/Special use, Fire Plan Checks, and Construction Q Inspections shall be retained by the City. ii vn r- w 23 Packet Pg. 28 4.2.a EXHIBIT B 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. Three Fire Stations. The City shall provide use of the three fire stations located at 8429 - 196" Street Southwest, 275 - 6" Avenue North, and 23009 - 88`h 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 tech noIogylsystem 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. 24 E a� Q ii M w Packet Pg. 29 4.2.a 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 a responsibility of the District. E L 8.4 All grounds maintenance of the premises, to include fencing, enclosures, gates, Q landscape, stairs, rails, curbs, gutters, sidewalks, drains, and water retention structures shall be the responsibility of the City. LL Cn 9. Insurance and Financial Security. w 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 25 Packet Pg. 30 4.2.a 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 6 thereof, whether by expiration of the stated term or sooner termination thereon as c provided in the Restated ILA, the District shall surrender to City the premises peaceably a and quietly. E L 13. Default and Remedies. Q m L 13.1 Failure of the City to perform repairs or maintenance to the buildings or premises as described in 8 above within a reasonable N period after notice by the District shall constitute a Material Breach under the terms of w 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 •L feasibly be performed in such time. 0 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 ez- Packet Pg. 31 4.2.a 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 E L Q L_ CM C W Packet Pg. 32 EXHIBIT C CONTRACT PAYMENT 4.2.a Station Costing Model Station Personnel (FTEs) FTE Battalion Chiefs FTE Captains FTE Firefighter/Paramedics FTE Firefighters Firefighter/Paramedics-12 Hour Firefighters-12 Hour 2017 Sta 16, 17, 20 All Cross Staffed\ALS Average Wage & Benefits per FTE Position 2.424 186,248 13.746 161,593 18.000 147,936 9.492 133,343 147,936 133,343 Total Positions 41.238 FTE Factor 4.582 Station Staffing 9.000 0 ADD Administrative Overhead 10% Maintenance & Operations 10% Apparatus Replacement 2017 TOTAL SUPPRESSION/EMS CONTRACT COST 2017 Esperance AV 565,469,115 Esperance Est. Property Tax Revenue 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 Deputy Fire Marshal (Inspector) 1.250 169,958 TOTAL ADDITIONAL COSTS TOTAL FIRE/EMS SERVICES COST Cost of living increases based on CPI-W, not Comps Total Labor Costs per Position 451,465 2,221,260 2,662,854 1,265,692 6 660,127 660,127 310,062 8,231,587 (1,117,150) 7,114,436 101,704 212,448 314,152 7,�128,588 E L t3i Q m L N r- LU v •L y 0 d L U- ti 0 N c d E t 0 ca w Q 28 Packet Pg. 33 4.2.a EXHIBIT D APPARATUS REPLACEMENT 29 r� Q Packet Pg. 34 4.2.a 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 E Formula Explanation: In this fraction, the numerator shall equal the total number of seconds a, that non -Edmonds Units are assigned to calls in Edmonds (not including Fsperance, unless Q m 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 M shall be considered "outside of Edmonds" for the purpose of this calculation unless Esperance w is annexed) over the previous calendar year. Calculation: 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. Determination of Whether NUUF is in Balance: 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 Packet Pg. 35 4.2.a 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: 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 31 Packet Pg. 36 4.2.a 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 o seconds a Unit is Assigned to all calls over the previous twelve-month period. The Q- denominator shall always be 31,536,000 (the number of seconds in a twelve-month W 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 c a 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 E numerator for any unit. For example, if, over the previous twelve-month period, Engine Q 20 was Assigned to calls totaling 72,089 seconds, and Ladder 20 was Assigned to calls m totaling 229,320 seconds, and Medic 20 was Assigned to calls totaling 4,008,640 vn seconds, then the calculation for UUF would be made as follows: w 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. 32 Packet Pg. 37 O U s r O E O L W O Q NNd LPL m C Q i d E m u w+ Q 11 pi Packet Pg. 38 0 0 -.400go Fire Supression Marine Response Technical Rescue Hazardous Materials Emergency Medical Services Community Resource Paramedic Home Safety Visits Community Education C. d w 76 38,676 CALLS IN 2024 6,334 in Edmonds 17 calls each day Most calls for service are medical. All firefighters are certified as Emergency Medical Technicians or Paramedics. Other Fire 6.4% Edmonds Emergency Calls EMS 84.1 L LL C 0 U t 0 N E 0 L 0 a E a Packet Pg. 40 Two -Alarm Apartment Fire September 14 Cedar Court Apartments, 236th St SW • All 11 Firefighters in Edmonds + 50 Firefighters • 2 people transported with non -life threatening injuries • 11 people displaced • Jim Lawless given Community Lifesaver Award Ir I 1 LL 0 U t 0 N E 0 L 0 Q NNd LPL i Q d E L Q Packet Pg. 41 a • K't • -b .-70- v . . . . . . . - I ; ti S Ah W1 :3 PR�KME r Y� SOUTH COUNTY FIRE NETWORK OF RESP 1.5Neighborhood Fire Stations Edmonds Stations: 16 Maplewood 17 Downtown Edmonds 20 Esperance 350+ Uniformed PersonnPi South County Fire serves nearly 300,000 people across 57 square miles. 'Edmonds f err, Lake Serene Keeler's Corner Lynnwood 7- o - --U:-, Mountlake Terrace Lake Stickney Rrier Martha Lake Hilltop ., r s Hilton Lake : Mill Creek i LL U U) .—..' N ! s =. of Silver Firs i 0 CL W W c Q LL 0 U t 0 N E 0 L 0 NNd a a South County Fire Stati s Regional Fire Authority wmnnw�- \ I oServed Und Packet Pg. 43 A LIFE-SAVING DIFFERENCE 3208 0% UNITED STATES rrest Survival Rate* *Preliminary Utstein rate for South County Fire in 2024. National CARES data from 2023, the latest data available. d LL 0 U t 0 N E 0 L 0 Q Nd LPL i Q a Packet Pg. 44 C:I KI NG I V I Shoreline South County Fire, Everett, WA ,v The Boeing Company orlh roe k 'a to, N W E CARES S Cardiac Arrest Registry to Enhance Survival 2013-2023 I .I P. 0t1) 1 r r Everett Community College, Bureau of Land Management, Esri Canada, Esri, HE*RE,'GSarmin, INCREMENT P, USGS, METI/NASA, EPA, USDA Note: Only census tracts with five and more cardiac arrests are mapped. 0 1.25 2.5 Miles OHCA Incidence per 1,000 people A -2 03-4 1�5-5 EEEEE#• 6 - 7 111111108-12 a i w 10, y-5 l,lll7#j-r �rj I D , L U- i] ■ � 1 !Pack!etPg. 46 0 N E 0 0 A LIFE-SAVING ROLE FOR EVERYONE 25,000+ trainedto ACT (2,775 City of Edmonds residents) ANTIDOTE for suspected opiate overdose. HANDS -ONLY CPR/AED for sudden cardiac arrest. TOURNIQUET for bleeding control. wo Il C 0 U t 1 0 N E 0 0 0,%t Packet Pg. 47 a PREVENTING EMERGENCIES COMMUNITY RESOURCE PARAMEDIC PROGRAM 911 CALLS by clients in our program DECREASE BY 50 ESTIMATED SAVINGS: $ 2.5 million labor and equipment $ 4.8 million emergency transports + $ 5.1 million ER visits $12+ million in savings a PREVENTING EMERGENCIES COMMUNITY RESOURCE PARAMEDIC PROGRAM CORE PROGRAM (Grant -funded) Coordinated Overdose Response by EMS Mitigating the impacts of substance abuse disorders by connecting people to life-saving resources and treatment options. 750% of people we contact go into treatment. Q PREVENTING EMERGENCIES COMMUNITY OUTREACH M 20,595 People reached in Edmonds in 2024 FREE services we offer: • Smoke alarms • Child car seats • Safety assessments for your home or neighborhood • Window locks to prevent falls • Classes on Aging in Place, Disaster Preparedness and more... LL 0 U t 0 N 0 0 a PREVENTING EMERGENCIES FIRE SAFETY INSPECTIONS Edmonds in 2024 389 Building plan reviews 6O Pre-construction /development meetings 32 Special events 24 E • ■ It re 'eeK nmorated sa Fire Department 0 UM6 •lei• Water Supply 0 10 0 !J,-# �- - -:-I-, . _ Fire Safety Controls SOUTH COUNTY FIRE Emergency Communications Emergency responses 2024 by the numbers and contract- required metrics Packet Pg. 53 How many calls? Total incidents in the City of Edmonds in 2024: 6,334 27.3% increase since 2020 Note: 2020 was impacted by the COVID _ Pandemic with a slightly reduced call volume _____________________________________ 2020 2021 2022 2023 Source: Snohomish County 911 data 17 L_ LL C 0 U t 0 N E 0 L 0 Q Nd LPL i Q d E L Q Packet Pg. 54 What type of calls? 84.1% of calls are dispatched as emergency medical aid Source: Snohomish County 911 data Packet Pg. 55 A*0 6" Coll, 7�1'- tl ol* 0 omparil!.; 020-20 zim 07 re, 0, 0, :s: 011s" SOUTH COUNTY FIRE Response Times Percentage of calls within 8 minutes or less 2020 2021 2022 Source: Snohomish County 911 data Response time on 90% of calls 2020 2021 2022 2023 2024 L LL C 0 U t 0 N E 0 L 0 Q Nd LPL i a d E L a Packet Pg. 57 Turnout Time • Measures the time from when Sno911 call is dispatched to the time the apparatus leaves the station • The reporting standard in the contract is different from the city's adopted standard in the 1756 compliance report: 2:15 (contract) vs. 2:45 (compliance report) • South County Fire almost met the city adopted standard of 2:45 (88.45%) Turnout time percentage at 2:15 90 percent turnout time 8128% 77.66 % 78.07% 75.03% 75.03% 2:50 2:34 2020 2021 20221 1 2020 2021 202212024 Source: Snohomish County 911 data Packet Pg. 58 Neighboring Unit Utilization Factor What it evaluates: Response of units across jurisdictional boundaries. What the numbers mean: • 100% = an equal balance of cross -jurisdictional response • Contract considers 90%-110% to be within balance range • Over 100% = units from neighboring jurisdictions are responding into Edmonds more than Edmonds units are responding outside the city Why does this matter? ■ We have a regional emergency delivery system ■ This evaluates if level of service decisions in one jurisdiction negatively impact a neighboring jurisdiction a Packet Pg. 59 4.2.b Neighboring Unit Utilization Factor 2020 2021 2022 2023 ■ Mountlake Terrace ■ Lynnwood RFA Source: Snohomish County 911 data 2024 239 Q Packet Pg. 60 4.2.b Unit Hour Utilization Factor What it evaluates: Percentage of time a fire unit is on a call What the numbers mean: The higher the number, the busier the unit is • Unit Hour Utilization Factor is up for Edmonds stations, but within compliance with contract standards • This number is up at all Edmonds fire stations • 20% is the trigger to start looking at deployment options and additional resources L LL 0 U t 0 N 0 0 a E a Packet Pg. 61 Unit Hour Utilization Factor ■ Station 16 ■ Station 17 Station 20 Source: Snohomish County 911 data Packet Pg. 62 Transport Balancing Factor Looks at the balance between: EDMONDS OUTSIDE CITY The number of times Edmonds -based units are doing transports outside the city OUTSIDE CITY =* EDMONDS The number of times South County Fire units based outside the city are doing transports in Edmonds In 2024, the factor was over 1.0 OUTSIDE CITY units transporting in EDMONDS MORE THAN EDMONDS units transporting OUTSIDE CITY A factor of 1.0 = in balance Source: Snohomish County 911 data L LL 0 U t 0 N E 0 L 0 a 0 E a Packet Pg. 63 Other Required Metrics Transport fees billed and collected in Edmonds and Esperance $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 ■2020 ■ 2021 02022 ■2023 ■2024 Edmonds Billed $2,164,260 $2,314,119 $2 , 500 ,700 $2,689,951 $2,697,216 Edmonds collected $896,643 $870,562 $995,040 $1,154,454 $1,282,251 Esperance Billed Esperance collected $85,807 $34,927 $6 8, 05 9 $2 7, 601 $79,605 $33,188 $71,805 $31,865 $91,841 $52,257 Shoreline into Edmonds (measured in incident responses) 120 100 80 60 56 40 20 0 • Edmonds unit into Woodway (measured in seconds) 14000 13?05 12000 10000 8000 6000 5544 4713 4 885 4000 2000 >87 0 2020 2021 Packet Pg. 64 Standards of Cover Compliance ■ Standard 2022 ■ 2023 ■ 2024 o • 0 ca 0 Turnout time in Standards of Cover Turnout time in contract First arriving engine company to a Full first -alarm assignment at Full first -alarm assignment at BLS response ALS response fire residential fire commercial fire Source: Snohomish County 911 data E COONT►REM5 Packet Pg. 65 Questions? Packet Pg. 66 4.2.b Snohomish County Fire Districts and Regional Fire Authorities 2025 Property Taxes Rates +Benefit Charge Equivalent (per $1,000) $2.50 $2.22 $2.03 U $1.98 $2.00 $1.86 $1.84 $1.76 $1.78 $1.79 $1.72 $1.74 0 U t $1.51 $1.50 $1.29 $1.21 $0.13 a $1.17 benefit charge equivalent LL •. • • • • • .• .Cn . - OLL CL ._ Q ate, L - LL12 L L 2 0 O V a •- LL O C •- Ill ' o °1 °�' u ° •- •- M t .- r a o ra ._ r� O ._ a o ._C 75 -A W 2 n An n M LL cn t7 t7 Z M cn cn LOWEST HIGHEST "'Equivalent rate per $1,000 based on the City of Edmonds 2025 contract for fire/EMS service with South County Fire. Packet Pg. 67 7.1 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 Packet Pg. 68 RF ,F-,1 V , 7.1.a FEB 5 2025 CITY OF EDMONDS CLAIM FOR DAMAGES FORM Please take note that Bruce Guthrie I home phone # against _ City of Edmonds who currently resides at EDMONDS CITY CinK Date Claim Form Received by City mailing address same , work phone # and who resided at saml _ at the time of the occurrence and whose date of birth is is ciaimuiy aarnayes in the sum of $ $12,500,000 arising out of the following circumstances listed below. DATE OF OCCURRENCE June 14, 2024 TIME: 12:33pm LOCATION OF OCCURRENCE: DESCRIPTION Edmonds Art Festival - Frances Anderson Center, 700 Main St. Edmonds, WA 1 Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage On June 14, 2024 at approximately 1233 hours, Bruce Guthrie was subjected to false arrest and false imprisonment while participating in lawful, protected speech activity in a public forum. Namely, Guthrie was petitioning for signatures at the Frances Anderson Center, a community center owned by the City of Edmonds. At that time, City of Edmonds police officers arrested Guthrie in order to remove him from the public forum. Officers cited Trespass in the Second Degree as the probable cause basis for arrest (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. See Exhibit A attached, for witnesses and contact information 3 Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4 Have you submitted a claim for damages to your insurance company? If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto: _ (year) (make) (model) OWNER: Address: Phone#: Name: Address DRIVER: Address: Phone#: Passengers: Name: Address: Yes x No * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Form Revised 04/09/202 ] Driver License # Page I of 2 rn d CID M E M G L 0 E U Packet Pg. 69 7.1.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signature of Claimant Or tlll-k "_- Signature of Representative Mark C. Lamb Date and place (residential address, city and county) January 31, 2025 at Seattle, Washington, King County Date and place (residential address, city and county) 30134 Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 5th Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Form Revised 04/09/2021 Page 2 of E U Packet Pg. 70 CITY OF EDMONDS CLAIM FOR DAMAGES FORM ERE 7.1.b FEB 18 2025 EDMONDS CITY CIM Date Claim Form Received by City Hease taKe note that uya 1 A i 1 96 IA- , who currently resides at mailing address home phone # work phone # and who resided at at the time of the occurrence and whose date of birth is s claiming damages against - the sum of $ arising out of the following circumstances listed below. w d DATE OF OCCURRENCE: b �b �! TIME: �} jf 7r_f_ rJ 2A a� LOCATION OF OCCURRENCE: o-j C�! DESCRIPTION: 1. Describe the conduct and circumstance that brought about the injury or damage. Also c O E .2 the injury or damage. C) 'C 0 O �. j'j 1 atxach an extra sheet for additional in be i@ 5' fd i he �C)l0i e ►ll j 2. Provide a lisl of witness s, if applicable, t, j)he occurren including names, addres es nd phone n b a Jr' i L9 .d a Vl ,ov .� (`_( e'>�P� %: /T ila9 f'" _ n Fhi i, al k tat f e' M7'S e� 3. " a C-t f all documentation relating to expenses, injunes, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? Yes ZNo If so, please provide the name of the insurance company: and the policy #: if needed) _ e C i-, y 5. Form Revised 04/09/2021 Page i of 2 Packet Pg. 71 7.1.b This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Ignature of Clarmaint Date a d place (residential address, city and county) Or Signature of Representative Print Name of Representative Date and place (residential address, city and county) Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:00 a.m.-to 4:30 p.m. E .2 U Form Revised 04/09/2021 Pan 2 of 2 Packet Pg. 72 STACK AUTO REBUILD OFFICE@STACKAUTOREBUILD.COM 19230 HIGHWAY 99, LYNNWOOD, WA 98036 AUTO REBUILD Phone: (425) 775-1112 7.1.b T&WE FEB 16 2025 EDMU"M cm am Estimate RO Number: Customer: Insurance: Adjuster: Estimator: BRYAN CASTEEL Allison, Laurie Phone: Create Date: 2/18/2025 (206) 229-7276 2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI VIN: JTEHD20V150056403 Interior Color: License: Exterior Color: State: WA Production Date: Line Ver Operation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 E01 E01 Remove/Install E01 E01 Remove/Install E01 E01 Blend E01 Remove/Install E01 Remove/Replace E01 Remove/Install E01 Remove/Replace E01 Remove/Replace E01 E01 Remove/Install E01 E01 Remove/Install E01 E01 Blend E01 E01 Remove/Install E01 E01 Remove/Replace E01 E01 Remove/Replace E01 Remove/Install E01 Remove/Replace E01 Remove/Replace E01 Remove/Replace Description FRONT BUMPER R&I bumper cover FRONT LAMPS RT R&I headlamp assy FENDER RT Fender w/flare RT Flare white RT Flare clip front RT Mud guard w/flare RT Flare clip rear RT Flare pad white ELECTRICAL Antenna assy WINDSHIELD RT Reveal molding side ROOF RT Side rail outer ROOF LUGGAGE RACK RT Roof rack outer black FRONT DOOR RT Door shell Add for Three Stage Add for power units RT Belt w'strip RT Tape front RT Tape rear RT Body side mldg white Claim: Loss Date: Deductible: Mileage In: Mileage Out: Condition: Qty Extended Part Price $ Type 3 8.28T OEM 3 6.21T OEM 1 24.80T OEM 1 976.05T OEM 1 69.91T OEM 1 87.03T OEM 1 391.04T OEM d E M Vehicle Out: o L O Job #: E M U Labor Type Paint .. .v c 3 O 1AT Body L O 0.3T Body C N 2.; Q OAT Body J 0.2T Body O ca E M 0.9T Body p E 0.3T Body S tU E t 0.5T Body M 4.3T Body 3.( 2.1 OAT Body O.OT Body 0.1T Body 0.1T Body 0.3T Body 0._` T = Taxable Item, RPD = Related Prior Damage, AA = Appearance Allowance, UPD = Unrelated Prior Damage, PDR = Paintless Dent Repair, A/M = Aftermarket, Rechr = Rechromed, Reman = Remanufactured, OEM = New Original Equipment Manufacturer, Recor = Re -cored, RECOND = Reconditioned, LKQ = Like Kind Quality or Used, Diag = Diagnostic, Elec = Electrical, Mech = Mechanical, Ref = Refinish, Struc = Structural 2/18/2025 1:39:19 PM Packet Pg. 73 Estimate RO Number: 2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI 28 E01 Add for Three Stage 0.. 29 E01 Remove/Replace RT Pad rear 1 7.99T OEM 30 E01 Remove/Replace RT Pad center 1 11.52T OEM 31 E01 Remove/Replace RT Pad front 1 7.99T OEM 32 E01 Remove/Install RT Mirror assy power w/o heated O.OT Body 33 E01 Remove/Install RT Handle, outside white pearl O.OT Body 34 E01 Remove/Install RT R&I trim panel O.OT Body 35 E01 REAR DOOR 36 E01 Remove/Replace RT Door shell w/flare 1 796.75T OEM 4.OT Body 2.! 37 E01 Overlap Major Adj. Panel (0.4 w 38 E01 Add for Three Stage a> 1.1 39 E01 Remove/Replace Add for power units OAT Body E 40 E01 Remove/Install RT Belt w'strip O.OT Body 41 E01 Remove/Replace RT Body side mldg white pearl 1 296.23T OEM 0.3T Body L 0.1 -0 42 E01 Add for Three Stage 0.: E 43 E01 Remove/Replace RT Pad center 1 7.99T OEM ca U 44 E01 Remove/Replace RT Pad rear 1 7.99T OEM .. 45 E01 Remove/Replace RT Tape front 1 87.03T OEM QAT Body 46 E01 Remove/Replace RT Tape upper 1 68.15T OEM OAT Body 0 47 E01 Remove/Install RT Handle, outside white pearl O.OT Body t� L 0 48 E01 Remove/Replace RT Body side mldg clip 6 14.46T OEM 49 E01 Remove/Install RT R&I trim panel O.OT Body = 0 50 E01 Remove/Replace RT Lower hinge 1 80.91T OEM 0.3T Body 0.: N 51 E01 Add for Three Stage 0.: 52 E01 QUARTER PANEL ` 3 53 E01 Blend RT Quarter panel w/flare K _J 54 E01 Remove/Install RT Flare white OAT Body rn 55 E01 Remove/Replace RT Flare protector white 1 19.02T OEM d 56 E01 Remove/Install RT Mud guard w/flare 0.2T Body E 57 E01 Remove/Install RT Quarter glass Toyota green tint 1.8T Body 58 E01 REAR LAMPS L 0 59 E01 Remove/Install RT Tail lamp assy OAT Body E 60 E01 REAR BUMPER T tU 61 E01 Remove/Install RT End cover w/flare OAT Body 62 E01 VEHICLE DIAGNOSTICS c 0 E 63 E01 Repair Pre -repair scan 0.5T Mech t 64 E01 Repair Post -repair scan 0.5T Mech t� r 65 E01 MISCELLANEOUS OPERATIONS r Q 66 E01 Repair Color Sand and Polish 2.OT Body 67 E01 Remove/Replace Cover car/bag 1 5.00T OEM 0.2T Body 68 E01 Repair Tint Color 0.. 69 E01 Remove/Replace Seam Seal 1 75.00T Other 1.OT Body 70 E01 Remove/Replace Hazardous Waste Removal 1 5.00T Other Estimate Totals Discount $ Markup $ Rate $ Total Hours Total T = Taxable Item, RPD = Related Prior Damage, AA = Appearance Allowance, UPD = Unrelated Prior Damage, PDR = Paintless Dent Repair, A/M = Aftermarket, Rechr = Rechromed, Reman = Remanufactured, OEM = New Original Equipment Manufacturer, Recor = Re -cored, RECOND = Reconditioned, LKQ = Like Kind Quality or Used, Diag = Diagnostic, Elec = Electrical, Mech = Mechanical, Ref = Refinish, Struc = Structural 2/18/2025 1:39:19 PM Packet Pg. 74 Estimate RO Number: 2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI Parts 3,049. Labor, Body 90.00 20.8 1,872. Labor, Refinish 90.00 18.1 1,629. Labor, Mechanical 175.00 1.0 175. Material, Paint 54.00 18.1 977. Material, Shop 3.00 13.8 41. Miscellaneous 5. Subtotal 7,749.: Sales Tax 821. Grand Total 8,570.! CD Net Total 8,570.! G Estimate Version L Total w Original 8,570. ca U Insurance Total $: 8,570. .. Received from Insurance $: 0. c Balance due from Insurance $: 8,570. p t� Customer Total $: L 0. 4- Received from Customer $: 0. c O Balance due from Customer $: 0. _y Q ca L 3 R J to d ca E ca L O E U c O E t t� ca r r Q T = Taxable Item, RPD = Related Prior Damage, AA = Appearance Allowance, UPD = Unrelated Prior Damage, PDR = Paintless Dent Repair, A/M = Aftermarket, Rechr = Rechromed, Reman = Remanufactured, OEM = New Original Equipment Manufacturer, Recor = Re -cored, RECOND = Reconditioned, LKQ = Like Kind Quality or Used, Diag = Diagnostic, Elec = Electrical, Mech = Mechanical, Ref = Refinish, Struc = Structural 2/18/2025 1:39:19 PM Packet Pg. 75 7.1.b Packe Vkj ln1hf�1� rf _ `� i. ' , , n. � I ' rr����� ,Ire *' ,t i• ,1 ��Fyi _ 3 - Y. j� � �►,�O� .I.r � Yt ��r �Y, y ,���,r ,�. �, } 11 ,M1 `�„r ,1 ��r ��i '�' (�• ��'a - _ �i g�! /�.11� ��11��1` ! �� '•��ll'.r l �'il '�f :�' -1 � 1 J �i � .�� �;•�N �, � r ' ��I� L,��, �1L \ �i �y�Lr f}i1'yl"W tw 'li i {1 •� �- s'Td_1 r! �� �115Tj��f>.��p�`�,���;,Lli�� P1✓=�F �/,��� J�'," � � - " , All ` I �l fit. 6,� ow, . �•� r �, �,,� y�l` � ^�� � l 't� ME � ,6 A F Customer: Allison, Laura Insured: Allison, Laura Type of Loss: Point of Impact: 03 Right T-Bone (Right Side) Owner: Allison, Laura (206) 229-7276 Cell EDMONDS AUTOBODY Downtown Edmonds 401 HOWELL WAY, EDMONDS, WA 98020 Phone: (425) 771-7109 FAX: (888) 476-7804 Preliminary Estimate Written By: Maxine Taylor Policy #: Date of Loss: Inspection Location: EDMONDS AUTOBODY 401 HOWELL WAY EDMONDS, WA 98020 Repair Facility (425) 771-7109 Business VEHICLE Workfile ID: e685 Federal ID: 20-4908496 Claim #: Days to Repair: 7 Insurance Company: Job Number: E 2 U 2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI White C O VIN: JTEHD20V150056403 Interior Color: Mileage In: 181,346 Vehicle Out: _y License: AGA8191 Exterior Color: White Mileage Out: Q State: WA Production Date: Condition: Job #: L 3 J TRANSMISSION Body Side Moldings AM Radio Stability Control Automatic Transmission Console/Storage FM Radio SEATS E Overdrive Overhead Console Stereo Cloth Seats f� 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 U Power Windows Cruise Control Drivers Side Air Bag Clear Coat Paint Power Locks Rear Defogger Passenger Air Bag OTHER E t Power Mirrors Steering Wheel Touch Controls Anti -Lock Brakes (4) California Emissions ca DECOR Rear Window Wiper 4 Wheel Disc Brakes Q Dual Mirrors RADIO Traction Control 2/17/2025 8:38:18 AM 300362 Page 1 Packet Pg. 79 Preliminary Estimate Customer: Allison, Laura 2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.41- Gasoline SFI White 7.1.b Job Number: Line Oper Description Part Number Qty Extended Labor Paint Price $ 1 FRONT BUMPER 2 R&I R&I bumper cover 3 FRONT LAMPS 4 R&I RT R&I headlamp assy 5 FENDER 6 * Blnd RT Fender w/flare 7 R&I RT Fender liner 8 R&I LT Fender liner 9 R&I RT Flare white 10 Repl RT Flare rivet 11 R&I RT Mud guard w/flare 12 Repl RT Flare pad white 13 ELECTRICAL 14 R&I Antenna assy 15 ROOF 16 R&I RT Molding front 17 R&I RT Molding center 18 R&I RT Molding rear 19 ROOF LUGGAGE RACK 20 * R&I RT Roof rack outer black 21 * R&I Roof rack inner 22 * R&I Roof rack inner 23 FRONT DOOR 24 * Repl LKQ RT door assy +30% 25 Add for Clear Coat 26 * Repl RT Body side mldg white 27 REAR DOOR 28 Repl RT Flare protector white 29 * Repl LKQ RT door assy +30% 30 Overlap Major Adj. Panel 31 Add for Clear Coat 32 * Repl RT Body side mldg white pearl 33 QUARTER PANEL 34 * Rpr RT Quarter panel w/flare 35 Overlap Major Adj. Panel 36 Add for Clear Coat 37 * R&I RT Flare white 38 Repl RT Flare protector white 39 R&I RT Mud guard w/flare 40 # Subl R&I RT Quarter Glass +25% 41 # Full Clear Along Sail Panel 42 REAR LAMPS 9026904047 1 1.52 5385142190A0 1 24.80 6700142090 1 182.00 7573142110A0 1 391.04 6785742020A0 1 17.73 6700342060 1 156.00 7574142070A0 1 296.23 7568742020A0 1 19.02 1 225.00 1 1.4 0.3 0.4 0.4 0.4 0.2 0.9 0.2 0.2 0.1 0.3 0.2 0.2 1.7 0.3 1.5 0.3 1.0 0.4 0.2 1_0 3.0 1.2 0_0 2.9 -0.4 0.5 0.0 2.5 -0.4 0.4 0.9 E 2 U 2/17/2025 8:38:18 AM 300362 Page 2 Packet Pg. 80 Preliminary Estimate 7.1.b Customer: Allison, Laura 2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI White 43 R&I RT Tail lamp assy 44 REAR BUMPER 45 * R&I RT End cover w/flare 46 VEHICLE DIAGNOSTICS 47 * Pre -repair scan 48 * Post -repair scan 49 MISCELLANEOUS OPERATIONS 50 * Repl Cover car/bag-Primer 51 * Repl Cover car/bag-Paint 52 # Subl Hazardous Waste Disposal 53 # Repl Restore Corrosion Protection 54 # Rpr D&R Battery 55 # Rpr De -Nib & Polish 56 # Rpr Clean Up Doors 57 # Rpr Transfer Door Parts SUBTOTALS ESTIMATE TOTALS Category 1 1 1 1 1 1 25.00 m 25.00 m 5.00 10.00 5.00 16.00 1,399.34 Job Number: 0.4 0_4 0.5 M 0.5 M 0.2 0.3 0.3 0.1 2.0 3.0 3.0 21.3 Basis Rate Cost $ Parts Body Labor Paint Labor Mechanical Labor Paint Supplies 20.3 hrs 11.6 hrs 1.0 hrs 11.6 hrs @ @ @ @ $ 80.00 /hr $ 80.00 /hr $ 154.00 /hr $ 55.00 /hr 1,399.34 1,624.00 928.00 154.00 638.00 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_/ ******************************************************************************* 2/17/2025 8:38:18 AM 300362 Page 3 Packet Pg. 81 Preliminary Estimate 7.1.b Customer: Allison, Laura 2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.4L Gasoline SFI White Job Number: 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. Bind=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. 0/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. N d a) CU E M 0 0 4- E E U 2/17/2025 8:38:18 AM 300362 Page 4 Packet Pg. 82 Preliminary Estimate 7.1.b Customer: Allison, Laura 2005 TOYO RAV4 Automatic 4WD 4D UTV 4-2.41- Gasoline SFI White CCC ONE Estimating - A product of CCC Intelligent Solutions Inc. Job Number: 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. E M U 2/17/2025 8:38:18 AM 300362 Page 5 Packet Pg. 83 7.2 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 Packet Pg. 84 7.2.a 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 ECC2.05.035 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 211 and 4tn Monday Chen Seashore Transportation Forum Paine SNOCOM 911 3rd Thursday Eck Snohomish County Tomorrow Alternate: Olson Nand Salmon Recovery — WRIA 8 Dotsch a� CU CL LO N O N 0 m as N d L Q as o= as as r E E 0 U c cu L 0 m 4- 0 c m E c 0 Q. 0_ a LO N O N O N d LL LO N O N N C a� E _ 0 (n Q a) a) E E 0 U .v c 0 0 U c d E r a Packet Pg. 85 8.1 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 Packet Pg. 86 8.1.a 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 1. CALL TO ORDER 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 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)(1) 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. Edmonds City Council Approved Minutes February 6, 2024 Page 1 Packet Pg. 87 8.2 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 Packet Pg. 88 8.2.a 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 I. CALL TO ORDER 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 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 Edmonds City Council Minutes February 7, 2025 Page 1 Packet Pg. 89 8.2.a 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. Edmonds City Council Minutes February 7, 2025 Page 2 Packet Pg. 90 8.2.a 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. Edmonds City Council Minutes February 7, 2025 Page 3 Packet Pg. 91 8.3 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 Packet Pg. 92 8.3.a EDMONDS CITY COUNCIL MEETING ACTION MINUTES February 11, 2025 ELECTED OFFICIALS PRESENT STAFF 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 1. CALL TO ORDER/FLAG SALUTE 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 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 Edmonds City Council Minutes February 11, 2025 Page 1 Packet Pg. 93 8.3.a 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 Edmonds City Council Minutes February 11, 2025 Page 2 Packet Pg. 94 8.3.a 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. Edmonds City Council Minutes February 11, 2025 Page 3 Packet Pg. 95 8.4 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 Packet Pg. 96 8.4.a COUNCIL COMMITTEE B MEETING February 18, 2025 Elected Officials Present Councilmember Nand (Chair) Council President Tibbott (ex-officio) Councilmember Eck Councilmember Olson CALL TO ORDER Staff Present Rod Sniffen, Assistant Police Chief Nicholas Falk, Deputy City Clerk The Edmonds City Council Committee B meeting was called to order virtually and in the City Council Conference Room, 121 - 5t" 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 Packet Pg. 97 8.4.a 2/18/2025 Committee B Minutes, Page 2 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. Packet Pg. 98 8.5 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 Packet Pg. 99 8.5.a COUNCIL COMMITTEE OF THE WHOLE MEETING February 18, 2025 Elected Officials Present Council President Tibbott (Chair) Councilmember Dotsch Councilmember Paine Councilmember Chen Councilmember Nand Councilmember Eck Councilmember Olson 1. CALL TO ORDER Staff Present Shane Hope, Interim Planning & Dev. Dir. Nicholas Falk, Deputy City Clerk The Edmonds City Council Committee of the Whole meeting was called to order virtually and in the City Council Conference Room, 121 — 5` 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, Packet Pg. 100 8.5.a 2/18/2025 Committee of the Whole Minutes, Page 2 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. Packet Pg. 101 8.6 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 Packet Pg. 102 8.6.a apPosPay Positive Pay Listing Page: 1 2/12/2025 12:58:36PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 266183 2/12/2025 2,143.46 075132 AERZEN USA CORP 266184 2/12/2025 5,014.36 078469 AGUIRRE, RAUL 266185 2/12/2025 260.00 079810 ALI, ALI A 266186 2/12/2025 41.00 001528 AM TEST INC 266187 2/12/2025 820.00 079537 AMERICAN TRAFFIC SOLUTIONS INC 266188 2/12/2025 23,750.00 001699 ASSOC OF WA CITIES 266189 2/12/2025 33,083.27 064341 AT&T MOBILITY 266190 2/12/2025 1,749.47 064807 ATS AUTOMATION INC 266191 2/12/2025 3,928.28 001801 AUTOMATIC WILBERT VAULT CO 266192 2/12/2025 1,053.00 002100 BARNARD, EARL 266193 2/12/2025 2,096.40 075217 BASLER, ANTHONY C 266194 2/12/2025 260.00 075342 BORUCHOWITZ, ROBERT 266195 2/12/2025 3,695.00 072005 BROCKMANN, KERRY 266196 2/12/2025 1,463.00 077166 CADENA, MICHAEL 266197 2/12/2025 130.00 073029 CANON FINANCIAL SERVICES 266198 2/12/2025 382.94 069813 CDW GOVERNMENT INC 266199 2/12/2025 1,948.45 003510 CENTRAL WELDING SUPPLY 266200 2/12/2025 530.26 073135 COGENT COMMUNICATIONS INC 266201 2/12/2025 661.59 070323 COMCAST BUSINESS 266202 2/12/2025 312.37 065683 CORRY'S FINE DRY CLEANING 266203 2/12/2025 30.40 005965 CUES INC 266204 2/12/2025 832.79 079773 CV TECHNOLOGY INC 266205 2/12/2025 7,200.00 006200 DAILY JOURNAL OF COMMERCE 266206 2/12/2025 291.50 074444 DATAQUEST LLC 266207 2/12/2025 191.31 046150 DEPARTMENT OF LABOR & INDUSTRY 266208 2/12/2025 888.30 006626 DEPT OF ECOLOGY 266209 2/12/2025 20,284.97 079281 DVAADVERTISING & PUBLIC REL 266210 2/12/2025 602.87 076610 EDMONDS HERO HARDWARE 266211 2/12/2025 19.83 075200 EDUARDO ZALDIBAR 266212 2/12/2025 130.00 008812 ELECTRONIC BUSINESS MACHINES 266213 2/12/2025 546.51 079779 ENGINEERED ARTWORKS LLC 266214 2/12/2025 28,000.00 079811 ESTATE OF OMAR ALI 266215 2/12/2025 400.00 009350 EVERETT DAILY HERALD 266216 2/12/2025 41.28 072634 GCP WW HOLDCO LLC 266217 2/12/2025 2,312.69 079809 GENT, ARTHUR 266218 2/12/2025 50.00 079735 GEOSYNTEC CONSULTANTS INC 266219 2/12/2025 6,613.75 071759 GRANICH ENGINEERED PRODUCTS 266220 2/12/2025 3,087.37 012370 GREENSHIELDS INDUSTRIAL SUPPLY 266221 2/12/2025 103.20 078272 HARRINGTON, SHEILAANNE 266222 2/12/2025 260.00 013140 HENDERSON, BRIAN 266223 2/12/2025 2,235.59 013500 HINGSON, ROBERT 266224 2/12/2025 3,603.01 076240 HM PACIFIC NORTHWEST INC 266225 2/12/2025 295.28 061013 HONEY BUCKET 266226 2/12/2025 290.95 076828 INSTRUMENT TECHNOLOGIES INC 266227 2/12/2025 395.00 076917 JACOBS ENGINEERING GROUP INC 266228 2/12/2025 1,164.00 072422 JE HORTON INTERPRETING SVCS 266229 2/12/2025 146.25 079573 JUVVAL TECH LLC 266230 2/12/2025 200.00 078360 LANGUAGE LINE SOLUTIONS 266231 2/12/2025 125.06 079769 LAW OFFICE SAM SOMMERMAN PLLC 266232 2/12/2025 2,485.00 067725 LES SCHWAB TIRE CENTER 266233 2/12/2025 3,343.30 078470 LEVESON, NANCYANN 266234 2/12/2025 130.00 079481 MALAKOOTI TRANSLATING 266235 2/12/2025 130.00 Page: 1 Packet Pg. 103 apPosPay Positive Pay Listing 2/12/2025 12:58:36PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 020900 MILLERS EQUIP & RENT ALL INC 266236 2/12/2025 75.13 076264 MONO ROOFTOP SOLUTIONS 266237 2/12/2025 580.13 070306 OBERG, WILLIAM 266238 2/12/2025 2,228.34 070166 OFFICE OF THE STATE TREASURER 266239 2/12/2025 15,592.83 026200 OLYMPIC VIEW WATER DISTRICT 266240 2/12/2025 184.89 075735 PACIFIC SECURITY 266241 2/12/2025 4,713.23 027060 PACIFIC TOPSOILS INC 266242 2/12/2025 1,443.00 069873 PAPE MACHINERY INC 266243 2/12/2025 24.04 074793 PETDATA INC 266244 2/12/2025 603.10 071783 PIGSKIN UNIFORMS 266245 2/12/2025 695.04 078826 PJ PARSONS PRESENTS 266246 2/12/2025 550.00 076342 PONTEM SOFTWARE BY RIA 266247 2/12/2025 2,730.00 079808 POWDER HOUND WOODWORKS LLC 266248 2/12/2025 42.50 026005 QFC 266249 2/12/2025 610.00 075769 QUADIENT LEASING USA INC 266250 2/12/2025 1,057.48 062657 REGIONAL DISPOSAL COMPANY 266251 2/12/2025 1,988.16 061540 REPUBLIC SERVICES #197 266252 2/12/2025 1,514.79 075737 ROBINSON, HUA 266253 2/12/2025 130.00 079174 SAVANNAH POWERS 266254 2/12/2025 440.30 066964 SEATTLE AUTOMOTIVE DIST INC 266255 2/12/2025 258.94 066918 SEDOR, NORMAN 266256 2/12/2025 9,096.40 079804 SHELLY HANSEN LLC 266257 2/12/2025 130.00 079806 SHORT, JILLANNETTE 266258 2/12/2025 130.00 075590 SMARSH INC 266259 2/12/2025 144.52 037375 SNO CO PUD NO 1 266260 2/12/2025 22,945.08 070167 SNOHOMISH COUNTY TREASURER 266261 2/12/2025 194.00 038300 SOUND DISPOSAL CO 266262 2/12/2025 1,803.19 038410 SOUND SAFETY PRODUCTS 266263 2/12/2025 352.87 079185 SYSTEMS FOR PUBLIC SAFETY INC 266264 2/12/2025 26,464.90 040917 TACOMA SCREW PRODUCTS INC 266265 2/12/2025 866.48 072649 THE WIDE FORMAT COMPANY 266266 2/12/2025 254.15 078203 TOTAL TESTING 266267 2/12/2025 50.00 042750 TRIBUZIO, WALLACE 266268 2/12/2025 2,605.94 071549 UNIVAR SOLUTIONS USA INC 266269 2/12/2025 2,663.77 064423 USA BLUE BOOK 266270 2/12/2025 840.68 044960 UTILITIES UNDERGROUND LOC CTR 266271 2/12/2025 376.38 069751 VESTIS 266272 2/12/2025 310.96 065035 WASHINGTON STATE PATROL 266273 2/12/2025 276.00 075635 WCP SOLUTIONS 266275 2/12/2025 3,623.19 075635 WCP SOLUTIONS 266274 2/12/2025 1,361.20 047960 WEAN, GREG 266276 2/12/2025 3,076.78 073552 WELCO SALES LLC 266277 2/12/2025 491.17 071467 WEST COAST PET MEMORIAL 266278 2/12/2025 22.84 075926 WESTERN EXTERMINATOR 266279 2/12/2025 175.96 075214 WUNG, EDWARD 266280 2/12/2025 130.00 078389 ZENNER USA 266281 2/12/2025 9,076.76 GrandTotal: 292,678.18 Total count: 99 Page: 2 Packet Pg. 104 8.6.b apPosPay Positive Pay Listing Page: 1 2/19/2025 10:44:09AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 000850 ALDERWOOD WATER DISTRICT 266282 2/19/2025 148,841.82 001528 AM TEST INC 266283 2/19/2025 720.00 070305 AUTOMATIC FUNDS TRANSFER 266284 2/19/2025 2,744.58 076741 BLOSSMAN SERVICES INC 266285 2/19/2025 1,129.92 073029 CANON FINANCIAL SERVICES 266286 2/19/2025 280.06 075856 CITY OF KIRKLAND POLICE DEPT 266287 2/19/2025 4,191.83 019215 CITY OF LYNNWOOD 266288 2/19/2025 9,069.52 070323 COMCAST BUSINESS 266289 2/19/2025 57.32 046150 DEPARTMENT OF LABOR & INDUSTRY 266290 2/19/2025 207.90 070244 DUANE HARTMAN & ASSOCIATES INC 266291 2/19/2025 6,052.40 007253 DUNN LUMBER 266292 2/19/2025 357.70 038500 EDMONDS SENIOR CENTER 266293 2/19/2025 1,525.00 008705 EDMONDS WATER DIVISION 266294 2/19/2025 4,758.89 008812 ELECTRONIC BUSINESS MACHINES 266295 2/19/2025 377.72 009350 EVERETT DAILY HERALD 266296 2/19/2025 218.44 009815 FERGUSON ENTERPRISES INC 266297 2/19/2025 7,045.54 072493 FIRSTLINE COMMUNICATIONS INC 266298 2/19/2025 292.83 072634 GCP WW HOLDCO LLC 266299 2/19/2025 2,341.21 012199 GRAINGER 266300 2/19/2025 1,314.11 012560 HACH COMPANY 266301 2/19/2025 1,383.12 078839 HAHN, ROSS 266302 2/19/2025 232.25 067862 HOME DEPOT CREDIT SERVICES 266303 2/19/2025 832.88 067862 HOME DEPOT CREDIT SERVICES 266304 2/19/2025 1,737.34 061013 HONEY BUCKET 266305 2/19/2025 1,845.63 072650 KCDA PURCHASING COOPERATIVE 266306 2/19/2025 240.37 078471 LEMM, KEVIN 266307 2/19/2025 937.95 020039 MCMASTER-CARR SUPPLY CO 266308 2/19/2025 978.83 075746 MCMURRAY, LAURA 266309 2/19/2025 240.00 020900 MILLERS EQUIP & RENT ALL INC 266310 2/19/2025 143.51 075881 NORRIS, KENNETH 266311 2/19/2025 816.00 064215 NORTHWEST PUMP & EQUIP CO 266312 2/19/2025 213.99 072739 O'REILLYAUTO PARTS 266313 2/19/2025 41.93 029117 PORT OF EDMONDS 266314 2/19/2025 4,567.65 066786 RELIABLE SECURITY SOUND & DATA 266315 2/19/2025 584.69 061540 REPUBLIC SERVICES #197 266316 2/19/2025 1,967.96 076328 SCJ ALLIANCE 266317 2/19/2025 790.54 077069 SEMACONNECT LLC 266318 2/19/2025 88.17 037330 SNO CO PLANNING & DEVLP SERV 266319 2/19/2025 11,872.00 037375 SNO CO PUD NO 1 266320 2/19/2025 2,840.35 006630 SNOHOMISH COUNTY 266321 2/19/2025 680.00 038410 SOUND SAFETY PRODUCTS 266322 2/19/2025 449.13 039775 STATE AUDITOR'S OFFICE 266323 2/19/2025 2,990.65 074506 SUNBELT RENTALS 266324 2/19/2025 595.20 040917 TACOMA SCREW PRODUCTS INC 266325 2/19/2025 356.02 038315 TK ELEVATOR CORPORATION 266326 2/19/2025 2,159.56 068141 TRANSPO GROUP 266327 2/19/2025 5,637.50 078891 TUBE ART GROUP 266328 2/19/2025 12,208.05 063939 TYLER TECHNOLOGIES INC 266329 2/19/2025 4,800.00 067865 VERIZON WIRELESS 266330 2/19/2025 27.67 069751 VESTIS 266331 2/19/2025 342.04 047605 WA ST TREASURER 266332 2/19/2025 346.50 073552 WELCO SALES LLC 266333 2/19/2025 924.64 071634 ZAYO GROUP LLC 266334 2/19/2025 2,117.37 Page: 1 Packet Pg. 105 apPosPay Positive Pay Listing U6.E 2/19/2025 10:44:09AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date GrandTotal Total count: Amount 257, 516.28 53 Page: 2 Packet Pg. 106 8.7 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 Packet Pg. 107 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,174 (02/01/2025 to 02/15/2025) vi Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 120.00 0.00 121 SICK SICK LEAVE 893.25 52,815.14 122 VACATION VACATION 598.00 34, 944.36 123 HOLIDAY HOLIDAY HOURS 94.00 5,968.30 124 HOLIDAY FLOATER HOLIDAY 74.00 3,726.47 125 COMP HOURS COMPENSATORY TIME 141.50 8,733.02 128 HOLIDAY Holiday Bank WWTP 18.00 922.31 129 SICK Police Sick Leave L & 1 80.00 9,435.21 132 JURY DUTY JURY DUTY 9.00 458.98 137 COMP HOURS COMPENSATORY TIME 3.00 273.07 138 REGULAR HOURS Commanders Leave Usaqe 37.50 5,201.18 141 BEREAVEMENT BEREAVEMENT 86.00 4,549.42 150 REGULAR HOURS Kelly Day Used 228.00 13,468.09 155 COMP HOURS COMPTIME AUTO PAY 50.90 3,891.77 157 SICK SICK LEAVE PAYOFF 477.20 37,988.74 158 VACATION VACATION PAYOFF 531.00 42,633.19 160 VACATION MANAGEMENT LEAVE 147.50 12,610.01 190 REGULAR HOURS REGULAR HOURS 15,872.65 948,269.36 194 SICK Emergency Sick Leave 63.00 3,370.96 195 REGULAR HOURS ADMINISTRATIVE LEAVE 76.00 4,860.67 197 MISCELLANEOUS INCLEMENT WEATHER 64.00 3,592.77 198 MISCELLANEOUS Furlouqh Reqular Time -32.00 1,809.65 210 OVERTIME HOURS OVERTIME -STRAIGHT 4.00 199.96 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,599.26 216 MISCELLANEOUS STANDBY TREATMENT PLANT 4.00 561.18 220 OVERTIME HOURS OVERTIME 1.5 140.75 14,136.51 225 OVERTIME HOURS OVERTIME -DOUBLE 7.50 734.62 400 MISCELLANEOUS MISC PAY 0.00 100.00 404 MISCELLANEOUS Medical Opt Out 0.00 300.00 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 2,419.63 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,520.60 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 111.81 602 COMP HOURS ACCRUED COMP 1.0 2.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 123.50 0.00 02/19/2025 Packet Pg. 108 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,174 (02/01/2025 to 02/15/2025) Hour Type Hour Class Description Hours Amount 609 COMP HOURS Commander Standy Accrual 10.00 0.00 901 SICK ACCRUED SICK LEAVE 5.46 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 254.87 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 228.46 anc REGULAR HOURS Ancilary Duty Pay 0.00 276.61 anc2 REGULAR HOURS Ancilary Duty Pay 0.00 1,551.48 anc3 REGULAR HOURS Ancilary Duty Pay 0.00 1,842.24 boc MISCELLANEOUS BOC II Certification 0.00 244.78 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 235.40 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 122.39 det4 MISCELLANEOUS Detective 4% 0.00 1,351.04 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 963.08 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 890.94 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 12,328.75 evap VACATION Exempt Vacation Premium 16.00 1,243.48 fd1 REGULAR HOURS Furlough Day Non -Represented 177.60 13,583.18 fmla ABSENT FAMILY MEDICAL/NON PAID 32.00 0.00 fmis SICK FAMILY MEDICAL/SICK 24.00 1,461.85 fwd HOLIDAY Floater Wellness Day Accrued 9.00 0.00 hol HOLIDAY HOLIDAY 18.00 519.06 k9 MISCELLANEOUS K-9 Assignment 0.00 429.92 Ian MISCELLANEOUS LANGUAGE PAY 0.00 600.00 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 1,160.18 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 1,010.17 Ig12 LONGEVITY Longevity 9% 0.00 3,892.59 Ig13 LONGEVITY Longevity 7% 0.00 1,704.01 Ig14 LONGEVITY Longevity 5% 0.00 1,445.65 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 171.92 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 298.53 Iq4 LONGEVITY Longevity 1% 0.00 1,148.53 Iq5 LONGEVITY Longevity 3% 0.00 4,405.01 Iq7 LONGEVITY Longevity 1.5% 0.00 927.83 mels SICK Medical Leave Sick 64.00 4,004.00 melv VACATION Medical Leave Vacation 8.00 500.50 8.7.a Q 02/19/2025 Packet Pg. 109 Hour Type Hour Class Payroll Earnings Summary Report City of Edmonds Pay Period: 1,174 (02/01/2025 to 02/15/2025) Description Hours Amount pfmc COMP HOURS Paid Family Medical -Comp Used 1.50 63.14 pfmh HOLIDAY Paid Family Medical Holiday 20.25 852.53 pfmp ABSENT Paid Family Medical Unpaid/Sup 180.75 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 21.25 1,170.19 pfmv VACATION Paid Family Medical Vacation 4.25 178.93 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 3,706.46 str MISCELLANEOUS PSET Sergeant 0.00 255.80 tac MISCELLANEOUS TAC Officer 0.00 214.96 to MISCELLANEOUS Training Officer 0.00 214.96 traf MISCELLANEOUS Traffic Officer - Car 0.00 462.12 20,554.31 $1,290,121.78 Total Net Pay: $862,102.42 8.7.a Q 02/19/2025 Packet Pg. 110 8.7.b Benefit Checks Summary Report City of Edmonds Pay Period: 1,174 - 02/01/2025 to 02/15/2025 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 66181 02/20/2025 bpas BPAS 8,038.56 0.00 66182 02/20/2025 epoa2 EPOA-POLICE 8,550.00 0.00 66183 02/20/2025 epoa3 EPOA-POLICE SUPPORT 1,800.00 0.00 66184 02/20/2025 icma MISSIONSQUARE PLAN SERVICES 5,957.51 0.00 66185 02/20/2025 flex NAVIA BENEFIT SOLUTIONS 6,144.48 0.00 66186 02/20/2025 teams TEAMSTERS LOCAL 763 7,087.50 0.00 66187 02/20/2025 teamcom TEAMSTERS LOCAL 763 592.05 0.00 66188 02/20/2025 tx TEXAS CHILD SUPPORT SDU 166.50 0.00 38,336.60 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3794 02/20/2025 awc AWC 439,394.93 0.00 3800 02/20/2025 edm CITY OF EDMONDS 447.00 0.00 3801 02/20/2025 us US BANK 180,474.23 0.00 3802 02/20/2025 mebt WTRISC FBO #N3177131 158,625.10 0.00 3803 02/20/2025 pb NATIONWIDE RETIREMENT SOLUTION 8,224.36 0.00 3805 02/20/2025 wadc WASHINGTON STATE TREASURER 43,026.97 0.00 3807 02/20/2025 oe OFFICE OF SUPPORT ENFORCEMENT 1,090.00 0.00 831,282.59 0.00 Grand Totals: 869,619.19 0.00 2/19/2025 Packet Pg. 111 8.8 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: Packet Pg. 112 8.8 MOU ESD and EPD Security Camera Access for Emergent Safety Reasons 2 Packet Pg. 113 8.8.a SECURITY ACCESS AGREEMENT This SECURITY ACCESS AGREEMENT (this "Agreement") is made and entered into as of January 1, 2025 by and between the SCHOOL BOARD OF THE EDMONDS SCHOOL DISTRICT (the "School Board"), and the EDMONDS POLICE DEPARTMENT (the "EPD" or "Agency", together with the School Board, the "Parties", and each a "Pat "). RECITALS WHEREAS, the School Board recognizes the importance of ensuring the safety and `L security of students and faculty at its schools; and w 0 WHEREAS, the Parkland Commission found that police should have direct access to w schools' live feed video surveillance; and 5 3 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 2 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 Packet Pg. 114 8.8.a The Parties acknowledge and agree that school surveillance video is generally a confidential record that is not to be disclosed except in accordance with applicable law. The Parties recognize that they are permitted to share otherwise confidential records with each other for the limited purposes of ensuring student access to appropriate services and for the safety of students, faculty, and others. Any and all access by the EPD to the School Board's surveillance video system (the "System") shall be in furtherance of these purposes. Access to the System requires a unique account ("Agency Account"), which shall be assigned to an EPD Agency Representative. Login information for the Agency Account may be shared with EPD personnel at the discretion of the Agency Representative. The System may be accessed remotely by EPD personnel via software approved by the School Board. Any person who is permitted access to the Agency Account shall be subject to the provisions of this Agreement and the protocols and procedures set forth herein. b. School Board Duties The School Board shall provide the EPD Agency Representative with an Agency Account via surveillance software that shall be determined by the School Board in consultation with the EPD. The School Board shall maintain the Agency Account to ensure the EPD has access. The School Board shall communicate, collaborate, and coordinate its efforts with the EPD to ensure the safety of its schools. c. EPD Duties Authorized Access: As set forth above, any access to the System must be in furtherance of ensuring safety and emergency response of police personnel. Any use of the System for other purposes without the express written authorization of the School Board is specifically prohibited. All EPD personnel who are given access to the Agency Account shall be instructed on the purposes for which access is authorized. Record of Access: The EPD shall maintain a record (the "Record") which indicates the name of any personnel, individual, or external organization that requests and is allowed access to the Agency Account. At a minimum, the Record shall include the following: (1) Name or User ID of the person who accessed the Agency Account; (2) the date and time at which the Agency Account was accessed; (3) a brief statement indicating the purpose for which the Agency Account was accessed. The Record produced pursuant to this provision shall be provided to the School Board on a semi- annual basis or upon request by the School Board or its authorized designee. This provision shall not be construed so as to require the EPD to create the Record prior to, or in conjunction with, each instance of access to the Agency Account, but shall require the EPD to produce a complete copy of the Record semi-annually or upon request by the School Board, as set forth above. Maintaining Confidentiality: The EPD shall use commercially reasonable efforts to ensure that the confidentiality of school surveillance video is maintained to the greatest Packet Pg. 115 8.8.a extent possible. All School District personnel who are granted access to the Agency Account must abide by the policies and procedures set forth by the EPD to maintain the confidentiality of any and all surveillance video accessed via the Agency Account. The Police Department will not distribute, share, or provide copies of any School District video to any party except as legally required by the Act, warrant or subpoena. d. Penalties The Parties recognize that unauthorized access to the System or disclosure of the confidential materials contained therein will cause irreparable harm to the School Board. Accordingly, the Parties agree that the School Board shall have the right to seek immediate termination of System access granted to any EPD personnel who is discovered to have accessed the Agency Account for an unauthorized purpose. IV. TERM The initial term of this Agreement (the "Initial Term") shall commence on January 1, 2025 and shall 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 Parry 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 Attn: Superintendent Edmonds School District 20420 68th Avenue W Lynnwood, WA 98036 Edmonds Police Department Attn: Chief of Police Edmonds Police Department 250 Fifth Avenue N Edmonds, WA 98020 Packet Pg. 116 8.8.a VII. COMPLIANCE WITH APPLICABLE LAWS It is the intent of the Parties that this Agreement will comply with all applicable laws and regulations that might pertain to it. Should the validity of this Agreement be challenged at any point by a relevant authority, the Parties may engage in a declaratory action to seek guidance from the Courts on this issue. The Parties shall be bound by the Court's decision in a declaratory action brought by either Party pursuant to this section. VIIL SEVERABILITY The Parties recognize and agree that should any clause(s) herein be held invalid by a court of y competent jurisdiction, the remaining clauses shall not be affected and shall remain in full force w and effect. 5 3 IX. COUNTERPARTS 0 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 Parry shall be entitled to reasonable attorney's fees and costs incurred as a result of any action or proceeding under this Agreement. Signature pages follow: Packet Pg. 117 8.8.a 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: c ca w t 3 0 2 Packet Pg. 118 8.8.a 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: c ca w t 3 0 2 Packet Pg. 119 8.9 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. Packet Pg. 120 8.9 Attachments: WALKER ROLLER PARTNER INTERAGENCY AGREEMENT FFY25 Final EPD Packet Pg. 121 8.9.a 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. G a w �a c iL L0 N LL LL I— Z W 2 W W C9 a U Z W C9 a W I— Z_ W W Z H a a W W J J O W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 122 8.9.a 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 Description of enforcement strategy, including expected law enforcement agencies participating in the event, target violation, and target locations. 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 safely 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. G a W R c IL N LL H Z LU 2 W LU C9 a U Z W C9 a W H Z_ W W Z H a a W LU J J 0 d' W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 123 8.9.a 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 DBEs 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) 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 Packet Pg. 124 8.9.a 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. a a w �a c ii N LL LL H Z W 2 W W C9 a U Z W C9 a W H Z_ W W Z a a W W J J 0 W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 125 8.9.a 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 commented [JK1]: Stacey, is this language clef activities include emphasis patrols near transit/focus areas. Officers will be looking for poor driver behavior enough? in pedestrian safety focus areas, along with pedestrians not following applicable pedestrian laws. Officers Commented [MS2R7]: I will add some details 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 $40,000 Walker/Roller Education $10,000 (Section 405, CFDA 20.616) $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 c m E d d L Q R c.i O J w c d w R m v t� 00 c ea �L to d a G a W is C IL LO 04 U. H Z W 2 W W C9 a U Z W a LU H Z W W Z a a W w J J O W Y J Q J C d E L V M r.+ r.+ Q Packet Pg. 126 8.9.a 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 G a w is c ii N v_ LL H Z W 2 LU LU C9 a U Z lu C9 a W H Z_ W W Z H a a W w J J O LU Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 127 8.9.a 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 terns 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 G a w is c ii L0 04 LL LL H Z W 2 W W C9 a U Z W a W H Z_ W W Z H a a W W J J O LU Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 128 8.9.a 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 G a W is c ii L0 04 LL H Z LU 2 LU LU C9 a U Z W a W H Z_ W lu Z H a a W w J J O d' W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 129 8.9.a 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 Packet Pg. 130 8.9.a 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. a a LU is c ii LO N LL H Z W 2 LU LU C9 a U Z W C9 a W H Z_ W lu Z H a a W W J J O W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 131 8.9.a 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. G a LU R c ii L0 04 LL H Z W 2 W W C9 a U Z lu C9 a W H Z_ W lu Z H a a W W J J 0 W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 132 8.9.a 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. a a W is c ii LO 04 LL LL H Z W 2 LU LU C9 a U Z W a W H Z_ W W Z H a a W W J J 0 W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 133 8.9.a 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 G a LU is c ii LO N U. H Z LU 2 W W C9 a U Z W a W H Z_ W W Z H a a W J J O W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 134 8.9.a 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. a a LU is c ii LL LL I— Z W 2 W W a U Z lu C9 a W H Z W W Z H a a W W J J O W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 135 8.9.a 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 WTSC Contact [Walker Roller Grant Project Manager William Morris Jessie Knudsen Officer Stacey McShane Program Manager William.Morris@edmonsdwa.gov Stacey.McShane(a,Snoco.org jknudsen(,wtsc.wa.eov 425-967-2608 425-388-3817 (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 WASHINGTON TRAFFIC SAFETY COMMISSION Signature Signature Printed Name Printed Name Title Title Date Date G a LU R c ii LO N U_ U. H Z W 2 W W C9 a U Z W a W Z W W Z H a IL W LU J J 0 W Y J Q J C d E L V lC r.+ r.+ Q Packet Pg. 136 8.9.a as E d d L Q O J i d r� _ r� d cn d C.1 V m C N d d a 0 a w ii LO N LL LL H Z W r- W W 4' Q U Z W Q Q' W H Z_ w W Z H Q a w w J J O W Y J Q r _ d E t V Q Packet Pg. 137 8.10 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. Packet Pg. 138 8.10 Attachments: 24-05_ARTG_Ed monds Amendment A 24-05 Edmonds DRAFT 020625 Packet Pg. 139 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 Alternative Response Team Grant Grantee Funding Agreement 8.10.a 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: End date: July 1, 2024 June 30, 2025 Packet Pg. 140 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a 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) Agency Name Mailing Address 3. Grantee representative 4. AWC representative Mike Rosen Jacob Ewing 1076 Franklin Street SE Mike Rosen Special Projects Coordinator Olympia, WA (360) 753-4137 98501 Mike.Rosen@EdmondsWa.Gov jacobe@awcnet.org 5. Grant amount 6. Start date 7. End date 8. Tax ID # $51,000 July 1, 2024 June 30, 2025 Insert Tax ID 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 DocuSigned by: IL, r6SU& EA DocuSigned by: vt cUA-.In.A. VaWS61Vt, F 1075SAAA7E9463... Mike Rosen 3305A9D2DFDE4D6... Deanna Dawson Date 6/28/2024 Date 7/1 /2024 Last revision 12/26/2023 0 E w I 0 LO Q I 0 N _ 0 E w a Packet Pg. 141 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a 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 July 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. Packet Pg. 142 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 Alternative Response Team Grant Grantee Funding Agreement 8.10.a 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. Packet Pg. 143 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 Alternative Response Team Grant Grantee Funding Agreement 8.10.a 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 E 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 E to time as deemed necessary by AWC, with the approval of the Grantee (which shall not be a unreasonably withheld), shall not be less than as follows: Each occurrence $1,000,000 a Products -completed operations limit $2,000,000 L Personal and advertising injury limit $1,000,000 E 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 Q 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 Q c insured on all policies, including Public Liability and Business Automobile, except for liability insurance ar on privately -owned vehicles, and all policies shall be primary to any other valid and collectible a Insurance. AWC may waive the requirement to be specially named as an additional insured on policies, including c Public Liability and Business Automobile, provided that the Grantee provides: (1) a description of its .Ea self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and w 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 w 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 �l q the aggregate claim liability information reported on the balance sheet. AWC, its agents, and le 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 Q 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. Packet Pg. 144 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a Alternative Response Team Grant Grantee Funding Agreement 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) Packet Pg. 145 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a Alternative Response Team Grant Grantee Funding Agreement 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 a 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 c provided by AWC to request these budget revisions. E w 8. Certification regarding wage violations. The Grantee certifies that within three (3) years prior to the date c71 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 al entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, c any provision of RCW chapters 49.46, 49.48, or 49.52. N The Grantee further certifies that it will remain in compliance with these requirements during the term of r this Grant. Grantee will immediately notify AWC of any finding of a willful violation entered by the s 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. Q 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, Packet Pg. 146 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a Alternative Response Team Grant Grantee Funding Agreement 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, c percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent E maintained by the Grantee for the purpose of securing business. AWC shall have the right, in the event of w breach of this clause by the Grantee, to annul this Grant without liability or, in its discretion, to deduct from 0 the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fees. QI LO 0 12. Disputes. In the event that a dispute arises under this Grant, the parties will use their best efforts to N 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 c a� s Washington or any other party under any other contract or agreement, for the same services or expenses. Q 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. Packet Pg. 147 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a 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. 0 E w LO C7 a I 0 4 N r _ a� E s 0 M Q Packet Pg. 148 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a Alternative Response Team Grant Grantee Funding Agreement 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 F 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 a authorized by AWC, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. c E If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be w retained until all litigation, claims, or audit findings involving the records have been resolved. c71 27. Right of inspection. The Grantee shall provide right of access to its facilities utilized under this Grant to al AWC or any of its officers responsible for executing the terms of this Grant at all reasonable times, in order c to monitor and evaluate performance, compliance, and/or quality assurance under this Grant on behalf of N 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. a E 28. Severability. The provisions of this Grant are intended to be severable. If any term or provision is illegal or s invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of Q 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. Packet Pg. 149 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a Alternative Response Team Grant Grantee Funding Agreement 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 0 E w LO C7 a I 0 4 N c a� E s 0 Q Packet Pg. 150 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 Alternative Response Team Grant Grantee Funding Agreement 8.10.a 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; F 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; a 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 c discretion, to settle or pay any or all claims arising out of the termination of such orders and E subcontracts; LU w d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, t71 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; al e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC, c any property which, if the Grant had been completed, would have been required to be furnished to N AWC; ; f. Complete performance of such part of the work not terminated by AWC; and a g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of s 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. Q 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. Packet Pg. 151 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a ARTG Application & Scope of Work PURPOSE Attachment A 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 0acobe 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. Packet Pg. 152 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a Attachment B ARTG Budget & Narrative GRANT FUNDED PROGRAM BUDGET Category Staffing $51,000 Supplies & Equipment $0 Professional Services $0 Other $0 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 Packet Pg. 153 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a 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? Packet Pg. 154 DocuSign Envelope ID: 6072F7A1-5B45-4F21-9C79-AB4FDC9F8188 8.10.a 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 Packet Pg. 155 8.10.b 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. Packet Pg. 156 8.11 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 Packet Pg. 157 8.11 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 Packet Pg. 158 8.11.a EVERETT '0 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 tfllef HVt21ILy LILY, Male, lip Agency Assistant Police Chief Loi Dawkins Project Manager: Loi.Dawkins@edmondswa.gov Start Date February 1, 2025 End Date January 31, 2026 Staff Position to Community Support Manager/ Social Work Supervisor be Provided by Everett to Agency Approximate 2 hours per month Hours Required Description of Provide clinical supervision to one (1) social worker employed by the Services Edmonds Police Department. Kelli Roark City of Everett Everett Project Manager 2930 Wetmore Ave, Suite 8A Everett, WA 98201 kroark@everettwa.gov Packet Pg. 159 8.11.a Compensation 0 Standard to Everett (must Agency will pay Everett for labor costs on an hourly basis based select one) 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 claims 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 Packet Pg. 160 8.11.a 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: Title of Signer: CITY OF EVERETT: Cassie Franklin, Mayor Attest: Office of the City Clerk - APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY JANUARY 30, 2024 EVERETT Packet Pg. 161 8.12 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 Packet Pg. 162 8.12.a OF LD4f � O lJ / Edmonds City Council ' lriy° 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) Packet Pg. 163 8.12.a 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) Packet Pg. 164 Ch. 2.05 City Attorney and City Prosecutor I Edmonds City Code Page 1 of 1 8.12.b 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]. 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. The Edmonds City Code is current through Ordinance 4372, passed November 4, 2024. Packet Pg. 165 9.1 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 Packet Pg. 166 9.1 interpretation and less precision (which is fine for a policy statement but not for directly applying as a regulation). Clear and obiective 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)J 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. Packet Pg. 167