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2025-04-08 Council Packet
1 2. of c�,y s Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 APRIL 8, 2025, 6:00 PM REGULAR COUNCIL MEETINGS 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 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. PRESENTATIONS S. 6 7 1. 2024 Prosecutor's Office Annual Report (25 min) 2. Mayor's Finance Update (10 min) APPROVAL OF THE AGENDA 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. RECEIVED FOR FILING 1. Claim for Damages for filing (0 min) 2. Written Public Comments (0 min) Edmonds City Council Agenda April 8, 2025 Page 1 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Special Meeting Minutes March 21, 2025 2. Approval of Council Special Meeting Minutes March 27, 2025 3. Approval of Council Special Meeting Minutes March 28, 2025 4. Approval of Council Special Meeting Minutes March 31, 2025 5. Approval of Council Committee A Minutes April 1, 2025 6. Approval of Council Meeting Minutes April 1, 2025 7. Approval of claim checks. 8. Approval of payroll and benefit checks, direct deposit and wire payments. 9. Summer Market, Edmonds SpringFest, Edmonds Arts Festival Special Event Agreements 10. Building Controls - Support Agreement with ATS Automation 11. Public Safety Building - Chiller Plant Service & Maintenance Agreement Continuation 12. AWC Energy Audit Grant Award 9. COUNCIL BUSINESS 1. Title 18 Code Updates for Utilities on ROW (45 min) 2. EPD Camera Enforcement Programs (45 min) 3. Draft Interim Ordinance to Prohibit the Removal of Certain Landmark Trees on Private Property (30 min) 10. COUNCIL COMMENTS 11. MAYOR'S COMMENTS ADJOURNMENT Edmonds City Council Agenda April 8, 2025 Page 2 4.1 City Council Agenda Item Meeting Date: 04/8/2025 2024 Prosecutor's Office Annual Report Staff Lead: Emily Wagener for Walls Law Firm Department: Human Resources Preparer: Emily Wagener Background/History The Walls Law has provided the City with prosecution services since July of 2023. The Walls Law Firm has provided an Annual Report for their time providing prosecution services for the City in 2024. Staff Recommendation None. Narrative The Walls Law Firm has provided an Annual Report for 2024. Attachments: 2024 Prosecutor's Annual Report Packet Pg. 3 4.1.a 2024 Annual Report City of Edmonds Prosecuting Attorney - - rz r. >n es ae u�svv Ov7Mf��•rr� - . r THE WALLS LAW F RM Packet Pg. 4 4.1.a Introduction The Walls Law Firm has provided prosecution services for municipalities since its formation in 2011 and are proud to be the prosecutors for the City of Edmonds. We came on board on July 9, 2023 and have recently signed a contract extension. The Walls Law Firm currently consists of two attorneys, two paralegals, and one legal assistant, although we are in the process of interviewing candidates for a third attorney position. Aaron Walls is the prosecutor assigned to the City of Edmonds. Renee Walls also assists with charging and other matters that come up.. Kim Obermeyer is the assigned paralegal and Irma Salinas is the legal assistant. Staff Aaron Walls Aaron is Partner at the Walls Law Firm. He was born and raised in the City of Edmonds His parents have lived in Edmonds since the 1960s and Aaron graduated from Edmonds High School. Aaron has been an attorney for thirty years — first serving as a public defender and, for the past twenty-seven years, as a prosecutor. He has served as the Chief Prosecutor and Deputy City Attorney for Federal Way and as a Deputy Prosecutor for the County of Okanogan. He has argued appeals at all levels of Washington courts — from hearings examiners to the Washington State Supreme Court. Renee Walls Packet Pg. 5 4.1.a Renee is the managing partner of the Walls Law Firm. She was born in Seoul, South Korea and immigrated to the United States when she was two years old. One of her first jobs was as a prosecutor at the City of Federal Way where she met her husband, Aaron Walls, who was born and raised in the City of Edmonds. She has been a prosecutor for the past twenty-four years in district and municipal courts. She has also been a pro tem judge since 2009 and completed a limited term appointment to the King County Superior Court bench immediately prior to coming to the City of Edmonds. Renee has experience dealing with cases ranging from misdemeanor property crimes, domestic violence, to homicides. Kim Obermeyer M Kim grew up in the cold of Illinois and then moved to Washington State. Kim has over 20 years of experience working as a paralegal. She worked with Renee at Kenyon Disend when Renee started in 2005. She came with Renee and helped open the Walls Law Firm in 2011 and they have been working together for the past nineteen years. Irma Salinas 1 Irma was born and raised in Washington and has lived in Chihuahua, Mexico. She is bilingual and reads and writes Spanish fluently. Before joining the Walls Law Firm, she spent the previous seven years working as a clerk at the Pasco Police Department. New Case Filings Below are the criminal and civil case filings for 2023 and 2024. Packet Pg. 6 4.1.a Although cases are trending upwards somewhat, they are generally in line with the past few years The state Administrative Office of the Courts has only reported one month of data for this year. Case Backlog One area of concern over the past year has been an accumulation of unfiled cases. We have taken steps to address the backlog and signed a new contract in February which included specific agreements to eliminate it. At the time the contract extension was signed, there were 110 cases in the back log. Currently there are 59 cases in the charging queue from before the contact extension and 2 cases from after. The two cases in the queue that were referred after the contract extension and have been reviewed and are awaiting follow up information. One of these is a domestic violence case. Of the 59 cases left in the backlog, 2 are tracking companion cases to other cases already there, and four are DUI cases that have been reviewed and are awaiting toxicologist tests. There are no domestic violence cases in the backlog. I am confident that the backlog will be eliminated by the end of May, except for cases reviewed but awaiting other information. Communitv Court Over the past several months the Municipal Court has revamped the Community Court. Consultants from the state Administrative Office of the Courts have held meetings with stakeholders and reviewed best practices from other courts. Our Court, in collaboration with the public defenders and our office have revised the guidelines and reorganized how we run the Edmonds Community Court. We now have a screening system to better assess participant's needs and have different tracks for differently situated participants. We are trying to structure our agreements and programs to be more focused on the individuals' situations and needs. We have both a Court resource day for all defendants to be able to connect with service providers and we Packet Pg. 7 4.1.a have Community Court meeting days to track individuals' progress and encourage them to continue to make progress in addressing their needs. Although we are still ramping up participation, we believe the new Community Court will be successful and have a greater impact on participants. Conclusion It has been a pleasure serving the City of Edmonds and we look forward to working with the City in 2025 and beyond. We would like to thank the Council for giving us this opportunity. With a new attorney on board, which hopefully will occur soon, we are committed to improving our level of service and better fulfilling the needs of the City of Edmonds. Packet Pg. 8 4.2 City Council Agenda Item Meeting Date: 04/8/2025 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. 9 7.1 City Council Agenda Item Meeting Date: 04/8/2025 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 Donald Peterson 22111 Hwy 99 ($2,551.54) Ratelco Properties Corporation 3 rd Ave S ($77,150.00) Attachments: Claim for Damages - Ratelco - for council Claim for Damages - Donald Peterson - for council Packet Pg. 10 itECEMED CITY OF EDMONDS APR 1 2025 CLAIM FOR DAMAGES FORM Received by City Please take note that Ratelco Properties Corporation , 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 _ , is claiming damages against City of Edmonds in the sum of $ 77,150.00 arising out of the f011OAdVq ci fcumstancgg DATE OF OCCURRENCE: December 18, 2024 TIME: 6:OOAM LOCATION OF OCCURRENCE: 3rd Ave. s Edmonds, WA 98020 DESCRIPTION: 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. Storm drain on corner of 3rd and Dayton overflowed causing water to flow under the building front door and flood Suite 101, 102, 102A and the buikding lobby. (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. Len Hagen Gina Luckie Vicki Gale-Affronte 3. 4. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. Have you submitted a claim for damages to your insurance company? Yes _ If so, please provide the name of the insurance company: and the policy #: "ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY License Plate # Driver License # Type Auto: (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: No Form Revised 04/09/2021 Page t of 2 7.1.a r� Q Packet Pg. 11 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. ,, frn561111 4/// /2n25_ - - - - - - - Signature of Claimant Date and place (residential address, city and county) Or Signature of Representative Date and place (residential address, city and county) Print Name of Representative 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. Form Revised 04/09/2021 Page 2 oC2 Packet Pg. 12 RECEIVED CITY OF EDMONDS CLAIM FOR DAMAGES FORM APR 2 2025 E0k FMY Please take note that ? w% A L c> P T EA&DyJ , who currently resides at nailing address corn 011"Phone #L _ _ _ _ _ . _ _ , work phone h _ _ _ _ _ and who resided at S'ko%F— at the time of the occurrence and whose date of birth is. is claiming damages against $ 1+41 Ap SW&O IK FdA the sum of $ 551 arising out of the following circumstances listed below. DATE OF OCCURRENCE: 9 TIME: < < 3 1 rIill LOCATION OF OCCURRENCE: W O&) DESCRIPTION: 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. r.)A ,'r=yo IP�11��� +�tAR DnR FR�taT P�krivG PDAI0A)10f POL-Aelf- rA a Z&I)Q0 My IC 0-k (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. 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? Yes No If so, please provide the name of the insurance company: and the policy #: 7.1.b E U Fonn Revised 04/092021 Page 1 of 2 Packet Pg. 13 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. zZ Signature of Claimant D to and place (residential address, city and county) Or Signature of Representative Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 511 Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. N d M CU O r— Form Revised 04109R021 Page 2 of 2 Packet Pg. 14 7.2 City Council Agenda Item Meeting Date: 04/8/2025 Written Public Comments Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History N/A Staff Recommendation Acknowledge receipt of written public comments. Narrative Public comments submitted to the web form for public comments <https://www.edmondswa.gov/publiccomment> between March 27, 2025 and April 2, 2025. Attachments: Public Comment April 8, 2025 Packet Pg. 15 7.2.a Edmonds City Council Public Comments —April 8, 2025 Submitted on: 3/28/2025 12:44:25 PM Name: Will Magnuson City of Residence: Edmonds Agenda Topic: Francis Anderson Center re -zoning Comments: Greetings Mayor and Council, I support the rezoning the Francis Anderson property to mixed use BD2 from the present R-6 zoning. This would be a step forward to providing a viable re- development solution to preserve the historic Francis Anderson Center building and much of the existing community amenities. Thank you Submitted on: 3/29/2025 10:51:47 AM Name: Courtney Petersen City of Residence: Edmonds Agenda Topic: Francis Anderson Center Rezoned to 1321D Comments: Please re -zone the FAC to 1321D. Submitted on: 3/29/2025 10:52:28 AM Name: VANESSA FOTHERGILL City of Residence: Edmonds Agenda Topic: Rezone of FAC Comments: Please strongly consider re -zoning the FAC to BD2, to preserve the building and keep this irreplaceable part of Edmonds. Submitted on: 3/29/2025 11:06:44 AM Name: Kim Juetten City of Residence: Edmonds Agenda Topic: Frances Anderson center Comments: Please do not sell the FAC. This provides essential services people need to build community and support families. We were devastated to lose the gymnastics program. Submitted on: 3/29/2025 11:08:44 AM Name: Julia Amado City of Residence: Edmonds Agenda Topic: FAC being sold? Packet Pg. 16 7.2.a Edmonds City Council Public Comments —April 8, 2025 Comments: I've heard rumors that the FAC building and surrounding property is potentially going to be sold and zoned to developers. I have no way to fact check this information as there is nothing online. I would like to make a comment that if this is in fact a possibility, that our beloved city reconsiders zoning this as BD2 so we can preserve the building, character, and use of the space for various sports, festivals, and recreation. Thank you. Submitted on: 3/29/2025 11:38:05 AM Name: Jacqui Adams City of Residence: Lynnwood Agenda Topic: Frances Anderson Center Comments: My family owns properties and a business in Edmonds. Please rezone the Frances Anderson Center as a historical building so that it cannot be redeveloped as residences. Losing the FAC would be a huge blow to our community and our neighborhood. Submitted on: 3/29/2025 12:20:37 PM Name: Molly Murphy City of Residence: Edmonds Agenda Topic: Francis Anderson Building Comments: I hear there is some consideration to sell the FA at some point. I strongly urge you to see the community impact that would have. The building is a vital part of the community day to day. Kids use the playground and fields, art class and other community interest programs reside there. I think selling it would be like selling a huge community outlet for many of us that love it. My children( 6,4, and 2 years of age) love it and spend almost everyday utilizing its amenities and classes. Please think of all the families and citizens of a beautiful city that would be crushed by not having it. Submitted on: 3/29/2025 12:30:47 PM Name: Mandus Momberg City of Residence: Edmonds Agenda Topic: Frances Anderson Center Comments: The FAC needs to be re -zoned if it is going to be sold. It is an important part of our community and needs to be kept intact. Submitted on: 3/29/2025 2:36:17 PM Name: Christine Sills City of Residence: EDMONDS Agenda Topic: Frances Anderson Center Zoning Packet Pg. 17 7.2.a Edmonds City Council Public Comments —April 8, 2025 Comments: My family works and spends time in Edmonds. Please rezone the Frances Anderson Center as a historical building so that it cannot be redeveloped as residences. Losing the FAC would be a huge blow to our community and our neighborhood. It is a large part of the reason my family chose to move to Edmonds. Submitted on: 3/29/2025 10:25:10 PM Name: Dena Constantine City of Residence: Edmonds Agenda Topic: Possible sale and or rezoning of Francis Anderson Center Comments: My family does business and spends a lot of time in downtown Edmonds. We got married in the library Plaza room. Additionally, we enjoy enriching classes in the Frances Anderson center. We have traditions around this area of the city - summer classes, picnics, field games and the biggest: the Edmonds Arts Fedtival! Please rezone the FAC as a historical building so that it cannot be redeveloped as residences. Losing the FAC would be a huge blow to our community and our neighborhood! Submitted on: 3/30/2025 7:17:47 AM Name: Gayle Olsson City of Residence: Edmonds Agenda Topic: Frances Anderson Center Rezone Comments: Greetings Mayor and Council, I support the rezoning of the Frances Anderson property to mixed use BD2 from the present R-6 zoning. This would be a step forward to providing a viable redevelopment solution to preserve the historic Frances Anderson Center building and much of the existing community amenities. The building may be in dire need of upgrade, but the loss of the facility and field would be a devastating loss to the community. Thank you, Gayle Olsson Submitted on: 3/30/2025 8:20:16 AM Name: Deanna Dudley -Ross City of Residence: Edmonds Agenda Topic: Frances Anderson center needs to be rezoned to BD2. Comments: Zoning thing for residential would take away a vital aspect in the community Submitted on: 3/30/2025 12:18:22 PM Name: Michelle Cougan City of Residence: Edmonds Agenda Topic: Frances Anderson Packet Pg. 18 7.2.a Edmonds City Council Public Comments —April 8, 2025 Comments: Greetings Mayor and Council, I support the rezoning of the Frances Anderson property to mixed -use BD2 from the present R-6 zoning. This would be a step forward to providing a viable redevelopment solution to preserve the historic Frances Anderson Center building and much of the existing community amenities. My grandchildren and many of my friends rely on the amenities that the Frances Anderson Center building provides. Thank you, Michelle Cougan Submitted on: 3/30/2025 2:34:08 PM Name: Sarah Richard City of Residence: Edmonds Agenda Topic: Rezoning of neighborhood parks Comments: Dear Edmonds City Council, I was floored to see that you are considering rezoning Hummingbird Hill Park and the Frances Anderson Center. This sends the message to the community that for the right price, you would choose to sell our beautiful green spaces. As the owner of Alley Bell Music, I see over 100 young families a week come through our doors for music classes. I cannot tell you how often they speak of what a hidden gem Hummingbird Hill Park is. We have held summer classes in the park several years in a row, and our families LOVE this park. I find myself feeling disgusted and disappointed that selling this beautiful piece of land would even be a minute consideration. You can never get that green space back once you relinquish it. Not to mention the devastating effect on our local wildlife if you take away more of their natural habitat for the sake of more houses. Be creative, come up with alternative ways to generate the revenue you need, and the manpower you claim you need to maintain our parks. There are plenty within our community who would willingly volunteer time and effort, and I would love to see grants and fundraising on the table. Constituents keep voting down tax increases in part because they are not confident in the council's ability to responsibly manage more funds, AND there are many who are simply not being reached and informed prior to voting. As for there being several parks within a small radius, each serves an entirely different purpose. No one can replace another. AND they are all being used because this is a densely populated area. It is almost laughable to insinuate that IF one were to sell one or more of these parks down the road, that south Edmonds would immediately be the focus and would gain more green space. We all know those funds would get allocated elsewhere. I have heard some say Hummingbird Hill Park is rarely used. The fact that Google maps makes it difficult to find the main entrance, and that the playground was shut down or had broken equipment for an extended period of time, and that the hillside was home to a massive yellowjackets nest right next to the playground for multiple summers did not help matters. Families of babies and young children love this park because it does not attract older kids as often, allowing for more free roaming and exploration by the littles without fear of being bowled over, it is relatively flat, and unlike other parks currently catering to the littlest ones in our area, this one has shade. The minute you rezone, it opens the door for a developer to offer you a dollar amount you claim you can't refuse. This might feel like a short term gain, but the long range effects to our town would be devastating. Sincerely, Sarah RichA rd Director, Alley Bell Music Submitted on: 3/30/2025 4:45:22 PM Name: Laura Bowers r Q E E 0 U 3 a m w e Packet Pg. 19 7.2.a Edmonds City Council Public Comments —April 8, 2025 City of Residence: Edmonds Agenda Topic: Selling FAC and other land Comments: Dear Members of the City Council, I am writing to express my concerns regarding the potential sale of city -owned land, particularly in relation to the Francis Anderson Center and parkland. While I understand that the sale of property may seem like a short-term solution to financial challenges, I believe it is a decision that overlooks the long-term needs of our community and future growth. Land is a finite resource that, once sold, cannot be recovered. In a city where land is at a premium, we must consider the broader, long-term implications of selling such a valuable asset. I also want to highlight that the Francis Anderson Center and the surrounding parks are not just pieces of land - they are vital community assets. They provide essential services, programs, and spaces for our children and families. Our surrounding cities have established community centers that serve as focal points for local activities and for Edmonds, the FAC is our dedicated family -focused center. Our own family has greatly benefited from the programs offered at the FAC. My daughter participated in gymnastics (a program that has since been eliminated), art classes, STEAM programs, soccer, bike riding lessons, and summer camps. The FAC has her favorite playground in the area, and I know many other families share similar experiences. The opportunities for growth, learning, and recreation provided at the Francis Anderson Center and parks are invaluable to families like ours, and they should be preserved for future generations. I strongly urge the council to reconsider the sale of this land. Instead, I encourage you to explore ways to preserve and repurpose the space for future community use, possibly through partnerships or collaborations that would allow us to continue to benefit from it for years to come. I understand the need to support community growth and make the most of our land. However, I would like to suggest that, at the very least, if the facility were to be rebuilt, the city consider partnering with a developer who would be willing to ensure that community services and resources are preserved within a multi -purpose center. This precious land needs to be masterplanned and not just handed over to the highest bidder. Thank you for your time and consideration. I trust that you will make the decision that best serves the long- term interests of our community. Sincerely, Laura Submitted on: 3/30/2025 5:52:13 PM Name: Kathy Hitchner City of Residence: Edmonds Agenda Topic: Selling FAC Comments: Please consider rezoning FAC. It provides opportunities for some many activities in our community. I'm sure there must be other options! Submitted on: 3/30/2025 6:10:50 PM Name: Kimberlee Mead City of Residence: Edmonds Agenda Topic: Amendment 2 to the Comprehensive Plan r Q E E 0 U 3 a m w e Packet Pg. 20 7.2.a Edmonds City Council Public Comments —April 8, 2025 Comments: Hummingbird Park is a community park used by the neighborhood as well as community members outside the neighborhood. A few of the multigenerational uses include tai ji quan classes, baby and parent song classes, geocashing, as well as everyday family and individual use. I was disheartened to hear that the council person presenting this amendment did not see it being used when she had gone through. Now a resident of Edmonds since 2010 and looking directly at Hummingbird park, I can assure her that not a day goes by without use. I have been lucky to have been informally a part of this neighborhood since 1981. 1 have heard the history of the park and the neighborhood and now live in the house my in-laws built above Hummingbird Park. Before moving here, I watched my previous community not prioritize parks. Once sold, green spaces do not return and the entire community suffers the consequences. A decision to sell a city park impacts the future permanently when a budget shortfall is and should not be a permanent problem. Please remove amendment 2 from being considered. Submitted on: 3/30/2025 6:46:29 PM Name: Kathleen Lester City of Residence: Edmonds Agenda Topic: 2025 Comprehensive Plan Amendment Comments: On 3/28/25, 1 attended the Neighborhood Centers & Hubs Walk & Talk for my neighborhood, listed as Medical District Expansion Neighborhood Center. I was not aware that the residential neighborhood in which I reside was rezoned. None of the neighbors I spoke with was aware of this rezoning. I was shocked to learn that according to the current zoning, this neighborhood would be considered appropriate for not only medical buildings, but mixed use 3-5 story developments. I respectfully request that this neighborhood be exempt from the Medical District Expansion Neighborhood Center: -West of 76th Ave West -Between 220th Street Southwest and 218th Street Southwest -North of 212th Street Southwest (with the exception of the northwest intersection of 76th Ave West and 212th Street Southwest) I have lived in this neighborhood for over 25 years with my spouse. We moved to Edmonds specifically so we could live in an affordable neighborhood where we could safely raise our two children. We love Edmonds and the community we have built here. If the Medical District Expansion zoning stands, then we could lose all of the things we love and value about our neighborhood, and we could be forced to leave Edmonds. For the following reasons, our neighborhood should never have been considered part of the Medical District Expansion: This neighborhood is overwhelmingly residential. We have some of the last affordable houses in the city of Edmonds. We do not need additional medical buildings withing this residential neighborhood: We have existing medical buildings near the hospital that are not at full occupancy. Medical buildings, other businesses, and mixed -use buildings are better suited for Highway 99 to 76th Ave West, where the infrastructure for such development already exists. Also, it is better land use to increase vertical capacity, which is more suitable for the corridor along Highway 99. We do not have the infrastructure, including public transportation, stop lights, sidewalks, and bike lanes, to support the increased traffic that will follow such development. The current infrastructure for our neighborhood is inadequate (lack of safety for pedestrians, including inadequate sidewalks, lack of traffic calming devices for speeding vehicles), and does not meet many of the criteria for safety, comfort, and enjoyment in our neighborhood. We need to preserve the tree canopy that we currently have to mitigate climate change. r Q E E 0 U t2 3 a m r w e Packet Pg. 21 7.2.a Edmonds City Council Public Comments —April 8, 2025 This neighborhood currently has a large number of mature Douglas firs and cedars. Developing on the scale the current zoning would allow would eliminate many, if not most, of these trees. Please amend the 2025 Comprehensive Plan to exclude this neighborhood from the Medical District Expansion Neighborhood Center. Sincerely, Kathleen Lester, Submitted on: 3/30/2025 7:30:35 PM Name: Philipp Witte City of Residence: Edmonds Agenda Topic: Proposed Amendment - Rezone to BD2: 6th/8th/Dayton/Main w Comments: Our family is very disappointed to hear that among other other things, the city is considering selling off the Francis Anderson Center (FAC). Our kids regularly play on the FAC playground, E and our younger daughter still goes to Main Street Kids daycare and the Edmonds Montessori, both of v which are located at the FAC. Selling off an iconic Edmonds property and valued public spaces seems 0 very short-sighted, and won't help balance the budget long-term. Instead, why not leverage these public M 3 spaces to generate more long-term city revenue? Why cancel the gymnastics program in the FAC and a toss the equipment in the dumpster? Neither of those decisions reflect responsible use of Edmonds w resources. Instead of cancelling programs at the FAC, why not increase the fees on existing programs, and add new programs to bring in additional revenue? And the equipment should have been sold (or at least donated). In addition, fees to use the field should be increased, such as the soccer programs and LO c Edmonds Arts Festival. We strongly urge you to take selling the Francis Anderson Center off the table as N er a solution to the city's budget crisis and instead identify more long-term solutions that donA€"'t eliminate what makes Edmonds unique. Submitted on: 3/30/2025 9:12:48 PM Name: Laura Myers City of Residence: Edmonds Agenda Topic: FAC Comments: The FAC is an important place to keep for the people of Edmonds and surrounding community - preschools, gymnastics, daycare, art walk, and so much more happens in this building and has for so many years. If there are no other options than to sell it, it should be rezoned to keep its current use. Submitted on: 3/31/2025 8:51:03 AM Name: Ellie Shull City of Residence: Edmonds Agenda Topic: Hummingbird Park Comments: HUMMINGBIRD PARK IS NOT FOR SALE Packet Pg. 22 7.2.a Edmonds City Council Public Comments —April 8, 2025 Submitted on: 3/31/2025 8:53:24 AM Name: Sara Church City of Residence: Edmonds Agenda Topic: Francis Anderson Park Comments: Please preserve our parks including Francis Anderson rather than develop them into residential or commercial properties. Submitted on: 3/31/2025 8:55:19 AM Name: Serena Li City of Residence: Edmonds Agenda Topic: Edmonds parks and FAC Comments: What makes Edmonds special is the parks and community center. Our children depend on them. We don't need more housing. We don't want to turn into any other parts of the greater Seattle. We are Edmonds and proud of that. Please protect the spaces. Submitted on: 3/31/2025 8:58:56 AM Name: Lindsay Mead City of Residence: Edmonds Agenda Topic: Budget deficit solutions/ property sale. Comments: Council person Olson brought up the possibility of selling off city properties as a means of partially solving the current budget deficit. Specifically mentioned was Hummingbird Hill Park. The act of selling parks or green space is irrevocable. Once gone it doesn't come back. If the selling of assets is necessary, they need to be man made assets that after a time could be replaced or reaquired. If any city wishes to be a "world class city" parks are a major indicator. Please do not change zoning, or even start down the road of selling off any park(s) in Edmonds. Submitted on: 3/31/2025 9:13:58 AM Name: Lindsey Greene City of Residence: Edmonds Agenda Topic: Parks/budget Comments: Hello City Council, I understand we have a major budget issue and difficult choices must be made. However, we should focus on longterm solutions that will help prevent deficits in the future and make us sustainable. If we sell off green space, parks, and public buildings, we won't have anything left to sell in the future when this happens again. This is a short sided solution that hurts community and fails to provide longterm relief. If we focus on increasing revenue by bringing more businesses, hotels, Packet Pg. 23 7.2.a Edmonds City Council Public Comments —April 8, 2025 etc to Edmonds we will be stronger in the longterm. Green spaces and parks are crucial to community. I don't use Hummingbird Hill Park, and yet I support it's existence. I understand some things might need to be cut in the short term in order to get to a place where we are out of a deficit. I'd recommend reducing non essential projects like bike lane enhancements or repaving. As a personal sacrifice, I'd even advocate to continue delaying repaving of my street, which is literally falling a part and is getting to the point where it is unsafe for my kids to scooter/bike on. Other streets in way better shape continue to get priority over ours, and yet I'd still advocate delayed repaving on all streets including mine if it means we keep our parks and public spaces. Selling Francis Anderson, Hummingbird Hill, and other facilities like this will not solve our deficit longterm, will make Edmonds less desirable, and reduce community building. Submitted on: 3/31/2025 9:21:12 AM a� Name: Cheryl Davis E City of Residence: Edmonds 0 Agenda Topic: Hummingbird HillPark 3 a Comments: Please don't sell Hummingbird Hill Park Edmonds needs its green spaces and that park is so w little you won't be able to get that many houses on the land and they surely will not be affordable housing. LO N O Submitted on: 3/31/2025 9:37:44 AM C14 Name: Meagan Newman City of Residence: Edmonds Agenda Topic: Frances Anderson and Parks (Hummingbird and any others on the table to be sold) Comments: My husband and I have lived in Edmonds all of our lives. We chose to come back and plant roots for our own family once we had our first child. Once I became aware of some of the proposed options and ideas from the city council and reading notes from meetings I was appalled and outraged about some of the ideas to close the city budget deficit. Frances Anderson has been a staple in the community since I was a child, and far before that. I grew up playing on the field, going to gymnastics, entering art pieces in the art festival, attending the arts festival every year, going to movies in the park, having birthday parties there etc. Now, my own kids have both done gymnastics there, play soccer on the field, play on the playground, go to the library, go to the arts festival etc. My MIL does pickelball and other community classes there. Our friends have kids that do ballet there, go to the Montessori school there and attend the MSK daycare there. Frances Anderson is a space for every age bracket in the community to find engagement. This is the type of asset that every city should have and plan to protect and invest in, NOT GET RID OF. I hope that the city council is not so short sighted that they fail to see the intrinsic value of community building spaces that make Edmonds a healthy and vibrant place to live and just see the property as a way to make a couple million dollars. Shameful if the latter is the case. Hummingbird park (and all our parks) are one of the best parts about Edmonds. Our varied and frequent green space is what makes this such a great place to raise a young family. My children have both attended music class at Hummingbird park with Alley Bell music, picked blackberries in the summer Packet Pg. 24 7.2.a Edmonds City Council Public Comments —April 8, 2025 on the perimeter of the park, learned to go down a slide at the park etc. Our green spaces are not for sale - they are the breathing space and life line for young families to meet each other. Do not take parks and outdoor space away from our children. Edmonds has tremendous wealth embedded within this community. There must be ways to tap into that that do not include tagging outdoor, community centered spaces to be sold for development. If this is how the city council solves problems Edmonds will lose some of the greatest value add spaces it has. Edmonds Mom Living by Yost Submitted on: 3/31/2025 10:14:39 AM Name: Colleen Tracy City of Residence: Yes Agenda Topic: FAC Sale and Zoning, plus Big Red Comments: Hello -1st I'm hearing about the Francis Anderson sale... what are you thinking? Removal of the center of our downtown community? The people who would buy any new homes in that neighborhood can already afford whatever houses they want... you won't be helping the actual housing situation. Talk of rezoning to BD2... sure, if that's literally the ONLY option to save the FAC, but I ask, how high could mixed use housing go since we hopefully still have our height restrictions in place? Just look elsewhere for $ savings... also, look to the rest of the city & community, not just downtown. It would better to invest in bringing the community members who are further out another community center to generate revenue and good will. Please save the FAC! I wouldn't make any big moves with the current fascist government stripping everything away anyway... work to protect, not destroy. Also, what's the rush to remove that 100 year old tree... seems to be standing up ok. Again, protect, don't destroy. Sincerely, Colleen Tracy Edmonds Resident. Submitted on: 3/31/2025 10:32:48 AM Name: Abigail Jacobson City of Residence: Edmonds Agenda Topic: Hummingbird Park and the Francis Anderson Center Comments: Dear Councilmembers, It's recently come to my attention that you are considering selling some of the parks and community centers here in Edmonds. My two kids and I regularly utilize both the Francis Anderson Center and Hummingbird park and losing them would be devastating. I recognize that there is a budget deficit that the city is attempting to deal with, but selling away public lands is not the answer. These are community spaces that we can never get back once purchased by a developer. These are the things that make Edmonds a wonderful place to live and are part of the reason my husband and I decided to buy here. They are also one of the only free activities for families with kids to utilize in the area. This will directly impact the opportunities that single or low income families with kids have. Please don't let an individual council member so out of touch with the people of Edmonds that she suggested the citizens outbid the developer to buy the parks and preserve them, push this through. Abby Jacobson Submitted on: 3/31/2025 10:38:26 AM r Q E E 0 U 3 a m w e Packet Pg. 25 7.2.a Edmonds City Council Public Comments —April 8, 2025 Name: Katie Minichiello City of Residence: Edmonds Agenda Topic: Selling parks Comments: Hi there. I have been made aware that the city of Edmonds is entertaining the idea of selling some parks to developers. As a mom of two toddlers, we frequent parks/playgrounds/open green space almost daily - rain or shine or cold. Being outside is good for physical health and mental health, for all. Being active is good for physical health and mental health, for all. Little and big kids need to move their bodies. Once you take these parks away, they never come back. Not everyone has cars they can drive to another park. Not everyone has time to drive 10+ minutes to a further park. I know that doesn't sound like a lot, but when you're juggling work and taking care of a household and cooking dinner and making sure you have diapers and snacks and water, it builds up. I take pride in how safe and clean the parks in the city of Edmonds have always been. Have you done any polling to see how often these parks on the chopping block are used? I understand the budget deficit is driving this potential and I understand this is not an easy decision, but please reconsider to something that is not so permanent. I agree more housing is also important. There's a fine line between continuously building housing and removing all outdoor space for community members. Will this new housing be affordable? Where do you draw the line between making money and safeguarding the community? Ina time when the country is attacking our most vulnerable, largely on the fact that it's all in the name of saving money, this is sad for the city of Edmonds. A place I take pride in living, where I feel safe and supported and heard. A concerned mom of energetic kids. Submitted on: 3/31/2025 11:07:30 AM Name: Emily O'Neill City of Residence: Edmonds Agenda Topic: Hummingbird Hill Park Comments: I strongly oppose the proposed cuts to Hummingbird Hill Park. This park is an essential part of our neighborhood, particularly for families with young children. If you visit our community, you will see how many families rely on this space, on Daley Street alone, there are at least 13 children under the age of 10, and many more in the surrounding blocks of Glen and Sprague. Your proposal suggests that there is a "potential surplus due to four other parks within % mile of this one." However, none of these parks are accessible without crossing or walking along arterial roads, which poses a significant safety risk for young children. The next closest park, Yost Park, requires crossing Main Street, a hazardous and high - traffic arterial. Additionally, Yost is a large regional park with heavy foot traffic, making it far less safe for unsupervised neighborhood play. Hummingbird Hill Park is not just a green space; it is a cornerstone of our community. It provides a safe, walkable environment where children can play, and neighbors can gather. Many of us purchased homes in this area because of its proximity to this park. Eliminating or reducing this space would directly harm families who depend on it. I urge you to reconsider rezoning or redeveloping this park and prioritize maintaining neighborhood parks like Hummingbird Hill. The financial mismanagement that led to budget shortfalls should not come at the expense of the a� E E 0 U 3 a m r w e Packet Pg. 26 7.2.a Edmonds City Council Public Comments —April 8, 2025 community's well-being and safety. I respectfully request that you explore alternative cost -saving or revenue generating measures that do not impact essential public spaces. Submitted on: 3/31/2025 11:20:24 AM Name: Gayle Crawford City of Residence: Edmonds Agenda Topic: Rezone of FAC Comments: Dear Mayor and Council I support the rezoning of the Frances Anderson Property to mixed use BD2 from the present R-6 zoning. As a life long 70 year resident of Edmonds I can not actually believe that the property would be put in the hands of developers and bring more SFR or 2-4 plexes on what now is the field. What are you all thinking! This is the core of Edmonds, it welcomes families from all over the community. To lose this would be a huge loss. Lets try to think about the community and preserve this area for the future. I urge you to move to the BD2. Gayle Crawford 348 Sunset Ave N Submitted on: 3/31/2025 11:23:24 AM Name: Melissa Smithers City of Residence: Lynnwood Agenda Topic: Save our parks Comments: I grew up in Edmonds and live nearby now. We love FAC and all of the parks. Please keep this a community space and do not sell to developers/rezone for commercial use. Submitted on: 3/31/2025 11:24:06 AM Name: Stephanie Hansen City of Residence: Edmonds Agenda Topic: Keep our parks and the FAC Comments: I am a 30 year resident of Edmonds. My family strongly opposes the idea of removing parks and/or the Francis Anderson Center. Submitted on: 3/31/2025 11:27:38 AM Name: Kelly Lindsey City of Residence: Edmonds Agenda Topic: Preserve Hummingbird Park and Francis Anderson Center! Comments: As an Edmonds resident (born and raised) I am advocating for the preservation of Hummingbird Park and Francis Anderson Center. These spaces should be preserved and cherished as part of what makes Edmonds so special, for our generation and generations to come. I understand there is a deficit issue that needs to be solved but this is NOT the answer, especially without doing an in - Packet Pg. 27 7.2.a Edmonds City Council Public Comments —April 8, 2025 depth cost analysis first. We don't even have the data to back this plan, which is ridiculous to make such a decision so prematurely, before we have data and facts. As a concerned Edmonds resident I beg you to preserve our Hummingbird Park and Francis Anderson Center and find alternative solutions to this deficit problem. Submitted on: 3/31/2025 11:31:02 AM Name: Dru Leistritz City of Residence: Edmonds Agenda Topic: Save Francis Anderson and Hummingbird Parks w 41 Comments: I would like to publicly comment that I do NOT support opening up the city comprehensive r_ plan to allow the city to sell Hummingbird Park or to rezone or sell the Francis Anderson Center. Having E these parks and wonderful community center are what makes Edmonds so attractive to my young v family --we use the FAC for daycare, ballet classes, basketball, yoga, and are at the playground almost V every weekend. We have nothing else like it, and we would not get these community assets back once 3 they are gone. I am extremely disappointed in the council for even suggesting removing these vital parts a of Edmonds. w L Submitted on: 3/31/2025 11:34:10 AM Name: Wally Bergquist City of Residence: Edmonds Agenda Topic: Redone of Francis Anderson Center property Comments: I fully understand the current budget constraints,and I also understand how we got here. With regard to the rezone, I believe that it would be in the long term best interest of the city to adopt a re zone to BD2, from current R-6. This would preserve the Francis Anderson building and it's function as a community resource for a wide range of activities and functions. Once gone it's lost forever. Thank Submitted on: 3/31/2025 11:56:06 AM Name: Colleen McDonald City of Residence: Edmonds Agenda Topic: Please do not sell the Frances Anderson Center - it is a community treasure Comments: While I understand that the City of Edmonds is facing severe budget issues, selling the Frances Anderson Center is a very short-sighted solution. The Center houses organizations that support the community and provides a central space for classes, community activities, and serves as the location for many of the outdoor activities such as the Arts Festival, summer movie nights, soccer and volleyball, and the annual Easter Egg Hunt, to name just a few. The activities and events at the center draw people to Edmonds and they spend money in the community when they attend those events. The park equipment provides a place for our kids to meet and play. My son always enjoyed playing there Packet Pg. 28 7.2.a Edmonds City Council Public Comments —April 8, 2025 because there were always other kids to play with. The Center is a treasure for this community and selling it to a developer is absolutely the wrong thing to do. We need spaces like this to bring people together across the community and provide a space for Edmonds residents and others to come together for activities that create healthy and engaged communities. Organization houses at Frances Anderson currently are: - Edmonds Arts Festival Museum - Edmonds Montessori School - Olympic Ballet - Sno-King Youth Club - Main Street Kids Child Care & Preschool - Sculptors Workshop Please, please, please keep the Frances Anderson Center owned by the City of Edmonds for the benefit of all. Thank you for your consideration, Colleen McDonald Submitted on: 3/31/2025 11:57:29 AM Name: Gabriella Runko City of Residence: Edmonds Agenda Topic: Rezoning of FAC and Hummingbird Park Comments: It would be an utter disgrace to the Edmonds community and to all surrounding communities to "rezone" and get rid of the Francis Anderson Center and Hummingbird Park. We moved to Edmonds in 2020 in hopes of raising our children in a community with green spaces and opportunities to learn and play while enjoying their hometown. Before moving, we had heard nothing but positive things about Edmonds and what a special community is it to live and raise children. Unfortunately, since moving to Edmonds we have been nothing but disappointed in the decisions made by council members who are only interested in tearing down community gems to sell to big developers for a profit. We understand it is not easy to find ways to upkeep community spaces, but that is exactly what you have signed up for as a council member: to protect our hometown and keep it as a beautiful community space for all to enjoy. To all of our Edmonds council members - do better and vote NO on rezoning FAC and Hummingbird Park. Submitted on: 3/31/2025 11:57:52 AM Name: Laura Hulten City of Residence: Edmonds Agenda Topic: Re -Zoning of Francis Anderson Center and Hummingbird Park Comments: Dear Council Members, I am writing to express my opposition to the proposal to re -zone Francis Anderson center and hummingbird park to allow for their sale and development. As a young family in Edmonds, we utilize the Francis Anderson center for a variety of classes and play in the attached park at least 2 days per week. Having a community center of such a large size is an ASSET in Edmonds - every time we have been there multiple classes were in session. It is also an important resource for affordable summer camps for families. The Francis Anderson Center is a beloved institution and selling it for development would be a tremendous loss. Furthermore, I am concerned about the lack of public notice that such large changes are being considered. When the sale sale of public assets is being considered, the council should first take the time to gather comprehensive information about its use, costs, benefits, and alternatives before action is taken. It does not feel that that has been the case with this proposal. Thank you for considering my input. Laura Hulten r a� E E 0 U t2 3 a m w e Packet Pg. 29 7.2.a Edmonds City Council Public Comments —April 8, 2025 Submitted on: 3/31/2025 11:59:12 AM Name: Jennifer Hempelmann City of Residence: Edmonds Agenda Topic: Do not rezone Hummingbird Hill park Comments: In response to the idea for re -zoning Hummingbird Hill park to potentially develop it, which is up for discussion at tomorrow's meeting: I am strongly opposed to this, and I don't even live in this neighborhood (but have visited the park). These ideas are short-sighted. I realize that the budget shortfall must be closed, and I would support nearly every other option being discussed, besides selling parks. Jennifer Hempelmann Submitted on: 3/31/2025 12:08:56 PM Name: Sarah Rasnake City of Residence: Edmonds Agenda Topic: FAC and Hummingbird Park rezoning Comments: It has come to my attention that Vivian Olsen and others on the city Council are considering rezoning two of our parks, including the Francis Anderson center to try to be sold to developers. Well, I understand that there are financial constraints to consider, selling off the public green space and community area that houses childcare community activities, sporting and other activities, including all community events at Francis Anderson center I believe is extremely shortsighted. Please consider the long-term effects on not only people local to both the Francis and center and Hummingbird Park, but the long-term effects of getting rid of green space. I personally use, as well as my family and three children use, both of these parks on a very regular basis. My children have also attended Edmonds Montessori Within the France Anderson center. Please consider all other alternatives before selling off highly needed public space third spaces within our community. Third spaces make Edmonds what it is, and it sickens me to think that the city council would consider in this day and age getting rid of places where people can connect and form community. Submitted on: 3/31/2025 12:22:59 PM Name: Nisreen Azar City of Residence: Edmonds Agenda Topic: Selling parks and Frances Anderson Center Comments: The idea of selling any of our parks or the Frances Anderson Center as a solution to generate City revenue or housing is shortsighted and outrageous. This is a time where protecting our community cultural assets is of extreme importance. Rather than destroying these critical community spaces, please prioritize their preservation for the health and wellbeing of our community and future generations. It is beyond disappointing and disheartening to hear our valued community spaces such as the Frances r Q E E 0 U t2 3 a m r w e Packet Pg. 30 7.2.a Edmonds City Council Public Comments —April 8, 2025 Anderson Center or Hummingbird Hill Park are even being considered for selling and redevelopment into housing. Protect our parks and community cultural gems! Submitted on: 3/31/2025 12:27:17 PM Name: Jacob Black City of Residence: Edmonds Agenda Topic: Hummingbird Hill Park Comments: I strongly oppose the proposed sale and elimination of Hummingbird Hill Park. This park is an essential part of the neighborhood for all residents, but particularly for families with young children. In recent years the neighborhood surrounding the park has seen a steady rise in young families with children. Hummingbird Hill Park is not just a green space for wildlife and children; it is a hidden gem of our community. Selling the park for development is a short -sided and irreversible. Fresh air and nature are essential to the health of a community. I respectfully request that you explore alternative cost - saving or revenue generating measures that do not impact essential public spaces. Submitted on: 3/31/2025 12:29:14 PM Name: marisa wallace City of Residence: Edmonds Agenda Topic: Save big red Comments: I am in favor of saving big red, the big tree in front of the apartments on first Avenue in downtown Edmonds Submitted on: 3/31/2025 12:33:23 PM Name: Lydia Thompson City of Residence: Edmonds Agenda Topic: Keep Our City Parks Comments: Hello, it has been brought to my attention that many of our cherished city parks are being considered for sale to developers. Francis Anderson Center and Hummingbird Hill Park have beeen specifically targeted. These parks, as well as many others, are vital to environmental stewardship and recreational access. I live in the Maplewood neighborhood, and therefore am outside of the day-to-day use and easy walkability for these spaces, yet I have frequented FAC with my children, and I love the green spaces and hidden gems found all around our beautiful city. Not only those within a stones throw are interested in preserving these spaces. Our family loves spending our "Edmonds kind of day" outdoors enjoying our parks. Please consider other avenues for revenue rather than relinquishing beloved community spaces that we will never be able to reclaim. Reach out to local HVAC companies to see what might be done pro bono or at cost to save FAC. UMC, McKinstry, and MacDonald Miller are local HVAC big hitters that might love the opportunity to bolster a community space (and strengthen their community building portfolios). If FAC must be sacrificed. please rezone it as mixed use space, not w r a� E E 0 U 3 a m r w e Packet Pg. 31 7.2.a Edmonds City Council Public Comments —April 8, 2025 purely residential, so there is still hope of building community spaces and retail that sustain this city. The sale of our parks feels like a short-sighted effort with long-term consequences to resolving our debts. Please evaluate better options. Thank you. Submitted on: 3/31/2025 12:38:15 PM Name: Jennifer Smith City of Residence: Edmonds Agenda Topic: Rezoning of Edmonds Parks and FAC Comments: I am strongly against the rezoning and selling of any Edmonds owned parks as well as the FAC. If we are in a budget deficit, I strongly advise on other budget cuts. Submitted on: 3/31/2025 12:38:50 PM Name: Sara Kienzle City of Residence: Edmonds Agenda Topic: Parks Comments: Please don't sell or rezone our Edmonds parks! We love the green space and utilize Francis Anderson weekly! Submitted on: 3/31/2025 12:54:25 PM Name: Jayme Swalin City of Residence: Edmonds Agenda Topic: Selling parks and FAC Comments: Edmonds is one of the best places to live and what makes it amazing is all of the parks and community spaces. I strongly protest the selling of parks to make housing and especially the FAC. My two kids go to school at Main Street kids within the FAC and it is an amazing space for the broader community. Parks are more than just a spot for young kids, they provide immense benefit to people of all ages. Please do not sell off these valuable resources that make Edmonds such a special place to live. Submitted on: 3/31/2025 12:55:18 PM Name: Sarah Allen City of Residence: Mountlake Terrace Agenda Topic: Developing FAC Comments: I am against selling off Hummingbird Park and the Francis Anderson Center. Green space is vital to our communities and neighborhoods and should be protected. My children have taken many classes at FAC during their childhoods, I have shopped Sculptor's Workshop sales for at least 30 years, since I was a child, and we have attended so many Edmonds Arts festivals at FAC. This is important Packet Pg. 32 7.2.a Edmonds City Council Public Comments —April 8, 2025 community space that must be preserved. Please protect and preserve our community spaces, don't sell them off to developers and lose an important part of what makes Edmonds a unique and desirable place to visit and live. Submitted on: 3/31/2025 1:45:45 PM Name: Christa Wells City of Residence: Edmonds Agenda Topic: Hummingbird park and FAC Comments: Hello, I am writing to very much voice my opinion in opposition to selling and redeveloping hummingbird park and Francis Anderson Center. I have loved in Edmonds for 20 years and know that we r_ need to maintain these spaces for the families and children and the rich resource they are to the E community. I have a ballet dancer that uses FAC 5x a week and we have always used FAC for classes and v activities. The parks in the city are priceless resources that serve their local neighbors and wildlife etc. please know that this will not be a welcomed change to the city. M 3 a Submitted on: 3/31/2025 2:01:52 PM r w •L Name: Lisa Law LO City of Residence: Edmonds c N Agenda Topic: Save our parks! C Comments: I am deeply concerned to hear the proposed changes to Hummingbird Park and the Frances Anderson Center. Hummingbird Park was one of my daughter's favorite places to visit as a young child based on its proximity (walking distance from home) and quiet, serene vibe. We enjoyed picking dandelions and watching birds and other wildlife while she played in the safe, peaceful park. As many have mentioned, once these spaces are gone, they are gone forever. The Frances Anderson Center is such an important community hub. From the classes and camps, to the playground and field, it fills so many vital roles for our little town. Selling off these crucial community places and open spaces would be such a shortsighted, temporary solution to what is clearly a more complex issue of fiscal management. Please understand what you would be taking away from our city should the council go forward with this devastating plan. I urge you to come up with more sustainable, creative solutions for the city's budget shortfalls. Please make the right choice and save our green and community spaces! Submitted on: 3/31/2025 2:50:43 PM Name: Michelle Gelller City of Residence: Edmonds Agenda Topic: Parks Sales/Rezoning Comments: I have heard very worrying things about council plans to rezone public areas for private development, yet find very little easily accessible information. This feels very underhanded, and like a small and uninformed group is pushing to make changes that will effect the city forever. If council Packet Pg. 33 7.2.a Edmonds City Council Public Comments —April 8, 2025 members cannot address how much an area is worth, how can they know selling it would fix the budget shortfalls? We need open discussion and data, not back door deals. Submitted on: 3/31/2025 2:56:05 PM Name: Jonathan Geller City of Residence: Edmonds Agenda Topic: Say No to rezoning hummingbird park, Francis Anderson and other parks for development Comments: Hi Edmonds Council members, My family and I implore you not to rezone our parks for sale. Regardless of perceived use by one council member, there are many people who love and cherish these spaces. Do not rezone them to solve short term problems, and do not give in to pressure from short sighted individuals who are looking to use temporary problems to permanently change our community in diminish Edmonds and what makes it a wonderful community to live in. If personal messages are not persuasive, please at least take the time to gather real data, determine the actual park usage, find out what value these place would receive at sale and if that would even matter, use information to make these critical decisions, not feelings or opinions. Lastly, please know that this decision point has not been communicated in any meaningful way. The only reason I know is because one person posted in Edmonds Mom's and my wife informed me. You can't possibly know how the community feels about it, if no one knows you are discussing it. The outrage among your voting constituents will be real if the first time they hear about this is when a park, especially Francis Anderson, is purchased by a real estate developer. Thank you for your consideration, Jon Geller Submitted on: 3/31/2025 3:35:33 PM Name: Alison Killgore City of Residence: Edmonds Agenda Topic: Sale of Frances Anderson Center Comments: Adding a comment AGAINST the sale of the Francis Anderson Center. It is a great place for kids, activities and community. My daughter is currently going to daycare at Main street kids and this would severely affect our daily routine. Also, I do not think we need more condos/apartments in town. I want to keep Edmonds small and tight -knit. It is already getting increasingly busy and this will only add to that. Submitted on: 3/31/2025 3:38:55 PM Name: Megan McDonagh City of Residence: Edmonds Agenda Topic: Francis Anderson Center Building Sale vote Comments: I oppose the possible sale of the Francis Anderson Center and Hummingbird Park. My son attends Main Street Kids and we frequent Francis Anderson Center quite a bit. This community center is w r Q E E 0 U 3 a m w e Packet Pg. 34 7.2.a Edmonds City Council Public Comments —April 8, 2025 an Edmonds staple and we do not need more condo buildings we need to maintain our community and Edmonds culture, especially in the heart of the downtown area. Submitted on: 3/31/2025 3:42:14 PM Name: Stephanie Rex City of Residence: Edmonds Agenda Topic: France's Anderson Building Comments: Hello - I am a parent of two kiddos who attend daycare at Main Street Kids in the Frances Anderson Center. We've been informed city council is considering selling the building to a developer. I oppose this proposal. This would be displacing hundreds of working families that rely on daily daycare 41 r_ services that took years on a waitlist to get in to. PLEASE DO NOT allow the sale of this building and E leave us all hanging. Support Main Street Kids and the other local businesses that occupy this center as it v is a crucial part of the fabric of downtown Edmonds and our family's life. Thank you, Stephanie Rex Submitted on: 3/31/2025 3:44:02 PM a Name: Nick Schonewald w L City of Residence: Edmonds Agenda Topic: Opposition to Repurposing of Francis Anderson Center Comments: Dear City Council Members, I am writing to express my deep concern and opposition to the potential decision to repurpose the Francis Anderson Center, which is currently housing Main Street Kids, where my two daughters attend full time. This center is not only crucial to my family but also to many others in our community who depend on its services. As both my wife and I work full-time jobs, this day care center provides essential support by ensuring our children are safe, well -cared for, and educated during our working hours. The absence of this facility would create a significant burden on our family, as finding alternative child care that offers the same quality and reliability would be exceedingly difficult. Furthermore, the day care center is conveniently located and has cultivated a nurturing and trusted environment that parents have come to rely on. Repurposing this facility would disrupt the lives of numerous families and potentially displace many children from their familiar settings. I kindly urge you to reconsider this decision and maintain the building for its current purpose, which is invaluable to working families like ours. Your support in preserving this critical resource will ensure that our community continues to thrive. Thank you for considering our concerns. Submitted on: 3/31/2025 3:46:43 PM Name: Lauren Arnold City of Residence: Lynnwood Agenda Topic: Against Sale of Frances Anderson Center Comments: Hi, My name is Lauren Arnold and while my family and I are technically residents of Lynnwood we live 2 blocks from Edmonds city limits and consider ourselves "residents" of Edmonds we Packet Pg. 35 7.2.a Edmonds City Council Public Comments —April 8, 2025 are there so often (daily) and so embedded in the community. Our morning routine includes a driving into Edmonds for our daughters pre-school "Main Street Kids" which is located inside FAC. In addition to it being an amazing school for our daughter, it's also just an incredible center for the community. After school we usually go up to the Frances Anderson playground and fields and meet up with other families while our kids play. Or we walk down to Molly Moons, Still house or Johnny Mo's for a quick treat before heading back up to the playground for a last minute playdate for our friends. We've also done soccer over the summer in the fields, and attended multiple festivals there. It's such a central meeting place in our community it simply can NOT be sold. The sense of community pride and togetherness is so wrapped up in this spot. Losing it to a developer would be like taking a giant piece of the soul of Edmonds away. I sincerely hope you vote NO and protect this haven. Submitted on: 3/31/2025 4:04:33 PM Q Name: Nick Foppiano E City of Residence: Edmonds 0 Agenda Topic: Selling city parks to pay for budget deficits 3 a Comments: Upon hearing the city Council is even floating the idea of selling city parks To pay for their w inept spending is beyond ridiculous. We need our own version of the department of the government efficiency. Budgets need to be balanced and spending needs to be curved. It's very simple. I am sure one quick look at the current budget we could find several programs we could eliminate. LO c N Submitted on: 3/31/2025 4:06:14 PM Name: Nathan Schmidt City of Residence: Edmonds Agenda Topic: Sale of Frances Anderson Center Comments: Do not sell the Frances Anderson Center. This is a community fixture and provides opportunities and activities for the entire Edmonds community. It also happens to contain the daycare for my two year old daughter and 5 month old son. The exchange of this asset to our community for short term revenue will be inexcusable. Budget and create revenue responsibly and in ways that don't rip away community centers like this. I will be keeping an eye on this and will vote and campaign against any and all in Edmonds government who advocate for this sale. Submitted on: 3/31/2025 4:18:04 PM Name: Morgin Morris City of Residence: Edmonds Agenda Topic: Selling Resources/ Land/ Parks/ F Anderson Comments: In reading some materials from Edmonds City Council, I was devastated to see the city was exploring the idea of selling off parks or other public service areas such as Francis Anderson. My daughter attends the school at Francis Anderson and we often enjoy the park. Our oldest takes art Packet Pg. 36 7.2.a Edmonds City Council Public Comments —April 8, 2025 classes there and we took gymnastics there when the kids were little. But it's more than a community center, it's a valuable real estate asset for the city. A one time sale would solve a short term problem today but cause negative long term ripple effects. I would agree there are many ways that the FAC building could be managed differently in order to generate revenue but the idea of selling the real estate seems very shortsighted. I understand we have budget issues but selling precious resources during a crisis is not a plan for the future, especially when a building has so much significance to the community. So many members in this community would be deeply affected by this closure. I would urge the city to explore ways to manage this resource with the goal to turn this facility into a source of revenue for the community. I'm happy to volunteer my time to make this happen, and I know many members of the community that would support any effort to maintain our resources in real estate and keep a cherished community center. Submitted on: 3/31/2025 4:18:33 PM Name: Coco Vann City of Residence: Broadview Agenda Topic: Please don't sell the Anderson Center! Comments: Members of the Council, I'm a parent whose son attends programs at the Anderson Center. I strongly oppose the proposed sale to developers. This center is not just a building - it's essential to our community. My son has thrived in its programs, and countless families depend on the educational opportunities it provides that aren't available elsewhere. The Anderson Center serves as an irreplaceable community hub where people of all ages connect and build relationships. While selling may offer short-term financial gain, the long-term social and cultural benefits this center provides are immeasurable. I understand budget constraints, but I believe we can find alternative solutions. Many community members, including myself, would gladly participate in fundraising or volunteer efforts to ensure its sustainability. Please vote against this sale and work with us to preserve this vital resource for future generations. Thank you for your consideration. Submitted on: 3/31/2025 4:50:12 PM Name: Sean Daily City of Residence: Lynnwood Agenda Topic: Francis Anderson center Comments: Please don't tear sell the Francis Anderson Center to a developer that would tear the center down. My youngest son's daycare is in the building and both my sons attend events regularly there. From sports camps to just playing in the field my family has used the center for generations. It is the focal point for my family and the main reason we go downtown. Thank you for your time. Sean Daily Submitted on: 3/31/2025 4:50:48 PM Name: Sherrie Richmond City of Residence: Edmonds r Q E E 0 U t2 3 a m r w e Packet Pg. 37 7.2.a Edmonds City Council Public Comments —April 8, 2025 Agenda Topic: Francis Anderson Center Comments: I moved to Edmonds 11 years ago. My now 15 year old was raised by me and Francis Anderson Center. From preschool to science summer camps to dance classes to gingerbread house making and yearly arts and music festivals. It is the core of the Edmonds community. My hope in staying in Edmonds is to watch my five year old experience the same life changing workshops and experiences. As a teacher at Edmonds Elementary up the hill, I have witnessed family after family find their sense of community in the same space. It is a gathering point. It is a place for people of all ages to have centrally located opportunities to enhance their lives. Please consider how many thousands of lives you are affecting by selling the heart of our community. Submitted on: 3/31/2025 4:50:51 PM r Name: Sean Daily Q E E City of Residence: Lynnwood U Agenda Topic: Francis Anderson center 3 a Comments: Please don't sell the Francis Anderson Center to a developer that would tear the center down. My youngest son's daycare is in the building and both my sons attend events regularly there. r L From sports camps to just playing in the field my family has used the center for generations. It is the focal point for my family and the main reason we go downtown. Thank you for your time. Sean Daily N 0 N Submitted on: 3/31/2025 5:03:49 PM ac Name: Grant Hazard City of Residence: Edmonds Agenda Topic: Frances Anderson Center Comments: As a resident of Edmonds who has witnessed the impact of FAC in the community I am writing in opposition of any proposed sale. Budget shortfalls need long term ongoing solutions. Sale of public property is a short term stopgap with irreparable harm. Once sold, the community can never get these precious resources back. Furthermore, FAC serves as an alternative or primary event space for many community events (art fair, live music, Oktoberfest, movies in the park, etc.). Eliminating it will negatively impacts all those living in the area and result in a weakened community with increased congestion. FAC is also critical to the youth in the area. Childcare is a local and national crisis and FAC hosts a number of organizations supporting parents (Main Street kids, Edmonds Montessori, gymnastics, Olympic ballet, etc.). Sale of the building will result in closures of several of these great programs. Our community is better off deferring every bit of maintenance around this city until we can correct our revenue streams than give away our property to developers who must underpay its true value because it will require demolition in order to convert it to apartments or condos. Submitted on: 3/31/2025 5:36:13 PM Name: Stuart Lane Packet Pg. 38 7.2.a Edmonds City Council Public Comments —April 8, 2025 City of Residence: Edmonds Agenda Topic: Francis Anderson Center Comments: I was raised in Edmonds and the sale of the FAC would be a huge cultural loss. The FAC is, in effect, our central hub of every artistic aspect of our town. This would be like losing our waterfront park. I would love my 5 year old daughter to attend the art festival every year and eventually take her children. Please think of the future and not making a quick buck. Submitted on: 3/31/2025 6:17:48 PM Name: Yelena Johnson City of Residence: Edmonds Agenda Topic: Francis Anderson Park Comments: I am asking from my family that you please consider not selling Francis Anderson park. This park is the best of Edmonds and brings so much joy to all of us. Please consider saving this integral landmark of Edmonds. Submitted on: 3/31/2025 6:21:10 PM Name: Melissa Lange City of Residence: Edmonds Agenda Topic: FAC Comments: It has come to my attention that CoE is considering the removal of our beloved FAC in exchange for additional real estate development. FAC is one of the aspects of Edmonds that contributes to its sense of community, and a sense of momentary removal from the metropolitan chaos of Seattle. My family moved to the Bowl 8 years ago in order to achieve exactly those senses in our day to day experience. My daughter completed preschool at Edmonds Montessori and spent multiple years enrolled with Olympic Ballet. FAC is part of what has made this our home. I'd like to express my deepest opposition to future plans for additional real estate development on that lot. Many families have strived to support the already flourishing small businesses of the community; we do not need more over -priced condos to succeed. Submitted on: 3/31/2025 6:24:02 PM Name: Jud Ostle City of Residence: Edmonds Agenda Topic: Please do not sell Frances Anderson Center Comments: Please do not sell Frances Anderson Center to commercial developers. The FAC connects people of all ages together offering services that can't easily be replaced. Submitted on: 3/31/2025 6:24:39 PM Packet Pg. 39 7.2.a Edmonds City Council Public Comments —April 8, 2025 Name: Laurie Napa City of Residence: Edmonds Agenda Topic: Frances Anderson Center Comments: I am not in favor of putting up housing on the land where the center is, including the existing playfield. Please vote to rezone to BD2 to protect the Frances Anderson building and property Submitted on: 3/31/2025 6:31:13 PM Name: Kristen Liang City of Residence: Edmonds c Q Agenda Topic: Keep the FAC and Hummingbird Park E E Comments: I urge the City Council to affirm a commitment to preserving the Frances Anderson Center 0 V and Hummingbird Park. These are critical, well -used and beloved community assets that benefit our M entire community and many visitors from outside Edmonds as well. There are other ways to make up (L the current budget shortfall, but if you give up land and community spaces they will be gone forever. 4) r Please don't take away these important gathering spaces! Submitted on: 3/31/2025 6:36:09 PM Ln Name: Robyn Beresford City of Residence: Edmonds Agenda Topic: Frances Anderson Comments: I support the rezoning of the Frances Anderson property to mixed use BD2 from the present R-6 zoning. Submitted on: 3/31/2025 6:56:26 PM Name: Mary Sullivan City of Residence: Edmonds Agenda Topic: Saving our parks Comments: It is with great dismay upon hearing the rezoning proposal regarding Hummingbird park and Anderson center. It cannot happen! As our city continues to be more and more densely populated, we need our open spaces. My family has spent many, many hours at hummingbird, from kids learning to ride bikes to picking blackberries, using the playground and grass to picnic. Anderson center, where to begin... Olympic Ballet, Montessori school, Main Street kids, and all the other indoor sports, not to mention the Art Show every year. Why Ms Olson is so bent on destroying open space and a cultural space that benefits countless adults and children makes me think she or someone close is going to benefit, I don't think this will get her to be mayor saving our parks might. Packet Pg. 40 7.2.a Edmonds City Council Public Comments —April 8, 2025 Submitted on: 3/31/2025 6:58:50 PM Name: Nick Kruse City of Residence: Edmonds Agenda Topic: Frances Anderson Comments: We strongly disapprove of any sale to developers regarding the historic Frances Anderson Center. Yes, the budget deficit is real but there has to be other ways than selling a historic piece of Edmonds history to DEVELOPERS nonethless. What are you going to do about displacing multiple families who use Main St Kids Daycare? What type of precedent are we setting regarding our future, Is Edmonds just up for sale now? If you have money you can come in and buy and build what you want? That's a dark future and I please ask you to strongly consider the impacts of these actions. We can do better. Submitted on: 3/31/2025 7:05:40 PM Name: Richard Pomerinke City of Residence: Lynnwood Agenda Topic: Selling of parks. Comments: I really can't stress enough how much I do not want this to happen. These parks are a very important part of our community. If community isn't important enough, healthy places for our children to grow should be. Please do not sell any public parks Submitted on: 3/31/2025 7:09:52 PM Name: Lauren Hazard City of Residence: Edmonds Agenda Topic: FAC Comments: As a resident of Edmonds, I have seen firsthand the immense value the Francis Anderson Center brings to our community. I strongly oppose any proposal to sell this historic building, which serves as a cornerstone of our city. Its loss would be devastating. Instead of pursuing hasty, opaque proposals, our city council must develop a thoughtful, transparent cost -reduction plan that allows for public input and careful consideration. Submitted on: 3/31/2025 7:56:23 PM Name: Zach Jacobson City of Residence: Edmonds Agenda Topic: City Budget Selling Parks Packet Pg. 41 7.2.a Edmonds City Council Public Comments —April 8, 2025 Comments: The selling of city parks seems like a very permanent solution to a temporary problem. Positions can be rehired, projects can be replanned, contracts can be renegotiated, increased taxes can be reduced, even though nearly unheard of. However, the purchase of increasingly valuable land to replace a park seems even less probable. While it may seem like a more simple solution than the alternatives, the people of edmonds deserve a more creative solution. There is no perfect solution and the city that voted for the irresponsible spending in one way or another must pay for it in some way, but let's not make a shortsighted decision that further permanently damages the future of the city. Submitted on: 3/31/2025 8:27:45 PM Name: Alan Blickenstaff City of Residence: Edmonds Agenda Topic: Hummingbird Hill Comments: I am concerned to see that the possible redevelopment/sale of Hummingbird Hill park is being considered. This would be trading long-term community benefit for a short-term influx of cash. While additional housing is important, developing parks should be a last resort once other potential development sites have all been exhausted. Hummingbird Hill is not a "surplus" park, but rather a unique space with its own character. Having more parks and green spaces becomes even more important as density increases, and it is near impossible to carve out new parks once sites have been developed. If the park is seen as under-utilized, I would propose evaluating low-cost, high -impact improvements (e.g. port -a -potty facilities, additional benches) to increase the utility of the space, and/or explore other uses for part of the parcel that still provide community/natural benefit (e.g. off -leash dog park, community garden/p-patch). If the community benefit alone is not seen as worth preserving, I would suggest investigating the potential of larger improvements, such as adding utility hookups or a small stage/covered area, and how those could make it a viable rental venue (and better suited to more private events than other city parks), potential site for outdoor markets, venue for summer camps, space for outdoor preschools, etc. Submitted on: 3/31/2025 8:31:08 PM Name: Anne Hudson City of Residence: Edmonds Agenda Topic: No Sale of Francis Anderson Comments: Do not take away this from residents! Our kid have wonderful programs there and many other events and community engagements. Condos are not a trade for the programs that would be lost. Submitted on: 3/31/2025 8:36:08 PM Name: Adrienne Nova City of Residence: Mill Creek Agenda Topic: Save Frances Anderson Center: A Beacon of Community r Q E E 0 U 3 a m w e Packet Pg. 42 7.2.a Edmonds City Council Public Comments —April 8, 2025 Comments: Hello Edmonds City Council Members, I just learned that you are considering selling Frances Anderson Center to a developer, as a potential way to address the city's budget deficit. This is absolutely the wrong decision! The Frances Anderson Center is one of Edmond's greatest community gems. It's a cultural and historic landmark. It's also home to several lauded programs, including Main Street Kids. My daughter attends Main Street Kids and it is the reason we continue to frequent Edmonds (and support its businesses and economy) despite having moved to nearby Mill Creek. The neighboring park is always lively and filled with kids playing, and it is also a great location for festivals. The entire complex is a precious community hub that must be preserved. Thank you for listening and choosing community over a short-term financial bandaid that will destroy opportunities for connection and cultural enrichment. Sincerely, Adrienne Nova Submitted on: 3/31/2025 8:49:41 PM Q E Name: Sean D. E City of Residence: Lynnwood 0 Agenda Topic: Francis Anderson center 3 a Comments: Please don't sell the Francis Anderson Center to a developer that would tear the center w down. My youngest son's daycare is in the building and both my sons attend events regularly there. From sports camps to just playing in the field my family has used the center for generations. It is the focal point for my family and the main reason we go downtown. Thank you for your time. Sean D. LO c N Submitted on: 3/31/2025 8:49:54 PM Name: Dana Rodriguez City of Residence: Edmonds Agenda Topic: Don't sell Hummingbird Park & FAC Comments: I am writing to urge you to not sell Hummingbird Park. Our family has been walking to and enjoying this park since Covid when it was so difficult to find places to safely take kids! The city should be figuring out how to help restore the playground instead of considering selling it off because of financial needs. I find it hard to believe that our city is so desperate and unimaginative that the only option to balance the budget is to sell off green spaces that provide community and a place for children to play. Please keep brainstorming other options! I also strongly urge you to not sell FAC. This is a wonderful building and park that helps define Edmonds and it provides many services for families and community members. Again, our family has enjoyed the gymnastics class (now also taken away because of budget), the gym, and access to organizations that use it like SnoKing for kids sports. FAC is a community meeting spot. Save our parks and community gathering spots! Submitted on: 3/31/2025 8:55:20 PM Name: Madelyn Bascom City of Residence: Edmonds Packet Pg. 43 7.2.a Edmonds City Council Public Comments —April 8, 2025 Agenda Topic: Save hummingbird park and Francis Anderson Center Comments: Hello, I am writing to voice my sincere disagreement with the selling of Francis Anderson center and hummingbird park. Both provide the community with green spaces that are widely utilized. Our children attend childcare in Francis Anderson center. Submitted on: 3/31/2025 9:00:58 PM Name: Marietta H. City of Residence: Lynnwood Agenda Topic: Please don't sell FAC w r Comments: Edmonds City Council - please don't sell Frances Anderson building to a developer to build Q E condos. Our oldest son has spent so many summer camp there and is looking forward to another camp E there this year. Our youngest son goes to daycare there. We spent so many summer days going to the 0 U park/playground next door and summer events there. FAC has been a part of Edmonds history for as long as we can remember. Please vote against this proposal. a Submitted on: 3/31/2025 9:10:10 PM m L Name: Heather Brown City of Residence: Edmonds Agenda Topic: Frances Anderson Center Comments: I strongly oppose the sale of the Frances Anderson Center. It holds important significance to the community as well as gather and learn center for the community. Our community should be penalized for the city's lack of financial accountability. I urge you to seek other avenues to attempt to shore up the fiscal shortcomings you've clouded our community with. Heather Submitted on: 3/31/2025 9:24:36 PM Name: Craig Swenson City of Residence: Edmonds Agenda Topic: Don't Sell The Frances Anderson Center Comments: It has come to my attention that the Edmonds City Council is considering the sale of certain city assets, including the Frances Anderson Center, as a potential way to address the city's budget deficit. I strongly oppose such actions. The Frances Anderson Center is one of our city's gems. It's a cultural and historic landmark. It's often cited as one of the reasons new residents choose Edmonds as their home. It's also home to several lauded programs, such as Olympic Ballet, Edmonds Montessori, and Main Street Kids. Without question, the character and charm of Edmonds are enriched by this facility. Using the Frances Anderson Center as a tool to dig our city out of its financial mess is unconscionable. The city's current budget woes are years in the making - a direct result of the city's unwillingness to identify and pursue adequate and sustained revenue streams to offset growing costs Packet Pg. 44 7.2.a Edmonds City Council Public Comments —April 8, 2025 experienced across our region. The city is acting as if a combination of overly aggressive budget -cutting measures and the selling of city -owned assets will lead us to financial solvency. That's entirely wrong; they are fleeting and misguided actions that will only leave the next generation of residents an Edmonds that has lost its vibrancy, and ultimately, its desirability. We can neither cut nor sell our way out of this budget mess. Truly solving it requires new and sustained revenue sources. The sale of an asset like the Frances Anderson Center is permanent, proceeds from such a sale will eventually be used up, and yet the structural causes for these deficits will remain. I ask that you take a clear and unequivocal position against the sale of the Frances Anderson Center. Submitted on: 3/31/2025 9:36:50 PM Name: Vickie Michels w r Q City of Residence: Edmonds E E Agenda Topic: Rezoning and selling the Frances Anderson Center. U Comments: I've heard a rumor that the City Council is looking at rezoning and selling the Frances 3 Anderson Center. Where can I get background information on this proposal? This is a key property a that makes Edmonds the place I want to live. FAC is a hub for the community. It promotes the arts w (performing and visual art classes and the arts festival), exercise for all ages (kids to old pickleball players), learning opportunities and provides childcare options. The field is used for volleyball, kid's LO soccer, impromptu baseball and football games, movies, and big gatherings. It's a meeting place where c N kids play and parents/grandparents chat. I'm willing to help find another solution to whatever problem is necessitating the sale of FAC. Don't sell the Frances Anderson Center, there have to be other options. Q r Submitted on: 3/31/2025 9:37:02 PM E Name: Sonja Kruse City of Residence: Edmonds Agenda Topic: Save Francis Anderson Center!! Comments: Beloved Edmonds place to families and the community. This would be a devastating loss for Edmonds. Submitted on: 3/31/2025 9:46:24 PM Name: Zhanna Buseva City of Residence: Lynnwood Agenda Topic: Please help save the Frances Anderson Center Comments: Dear Council Members, As someone who has worked in the Frances Anderson Center for 21 years, I feel compelled to express my strong opposition to the proposed sale of this building to a developer. This space is not just a building - it is a vital hub for our community. For years, it has served as a cornerstone for educational programs like Montessori and preschool, fitness classes including yoga, Packet Pg. 45 7.2.a Edmonds City Council Public Comments —April 8, 2025 ballet, and gymnastics, and activities for seniors. The Center hosts countless events that bring people together, such as art festivals, performances, and classes that contribute to the rich cultural life of our town. Selling the building would mean losing not just a physical space but the heart of a vibrant community. The variety of programs and the sense of connection they foster are irreplaceable. The Frances Anderson Center is a place where people of all ages come to learn, grow, and connect, and this cannot be replicated in a development project designed for profit. Rather than sell to a developer, we should be focusing on preserving and enhancing this important community resource. The Frances Anderson Center is an irreplaceable asset that directly benefits the people in our town, and its loss would be a profound setback to the community spirit that it has nurtured for so many years. We must stand together to protect the future of this space, ensuring that it continues to serve the community for generations to come. Submitted on: 3/31/2025 9:53:35 PM Name: Karen Byeman City of Residence: Edmonds Agenda Topic: FAC rezoning Comments: I am an Edmonds resident in favor of rezoning the FAC from R-6 to BD2, in order to keep it more of a multi -use building and keep the historical building intact. The FAC is a hub for many families and organizations in the city and the council should be urged to consider the long term implications of selling this space. Submitted on: 3/31/2025 10:05:34 PM Name: Julia Inozemtseva City of Residence: Edmonds Agenda Topic: A Strong Rebuttal Against the Proposal to Sell the Francis Anderson Center (FAC) Location Comments: The proposal to sell the Francis Anderson Center (FAC) location is fundamentally flawed and should be firmly opposed. The FAC is a cornerstone of our community, rich in historical significance and a vital hub for community activities. Selling it would be a grave mistake with long-lasting negative consequences. FAC serves as a vital space for community engagement and activities. The playfields, library, and festival grounds are invaluable assets for youth activities and community events. Selling FAC could deprive the community of these essential spaces, which are integral to fostering a sense of community and belonging. The proposal suggests that if the City continues to own the library and FAC, the zoning change would have no effect. This implies there are alternative solutions to address the HVAC overhaul without selling FAC. Exploring grants, fundraising, or community partnerships could provide the necessary funds while retaining ownership of this important community asset. In conclusion, the proposal to sell the FAC location is short-sighted and detrimental to the community. The historical significance, community value, and potential alternative solutions make a compelling case for retaining ownership of the FAC and exploring other avenues to address the financial challenges. Selling the FAC would be a disservice to the community. r Q E E 0 U t2 3 a m r w e Packet Pg. 46 7.2.a Edmonds City Council Public Comments —April 8, 2025 Submitted on: 3/31/2025 10:31:19 PM Name: Chelsea Branch City of Residence: Edmonds Agenda Topic: FAC Comments: Please keep our FAC. My daughter attends daycare at Main Street Kids. We absolutely love the community there. She has some of the best caretakers and friends and is learning so much through their center. We look forward to many more years at Main Street as well as the FAC through after school programs, dance and the library on the weekends. We hope you will keep the Frances Anderson Center. Thank you! Submitted on: 4/1/2025 12:27:18 AM Name: Karina Mirchandani City of Residence: Edmonds Agenda Topic: Sale of parks to residential developers Comments: Edmonds needs more parks not more buildings. Edmonds is known for its natural beauty so let's keep it that way by preserving our parks and outdoor spaces. As a teacher and a parent in this community, parks play a vital role in growth and development. I say no to selling our parks. Submitted on: 4/1/2025 7:18:23 AM Name: Steven Tenure City of Residence: Edmonds Agenda Topic: FAC & Hummingbird Park Comments: Please save FAC & Hummingbird Park. FAC is a huge part of the Edmonds community, and losing it would be a tragic mistake by the city of Edmonds Hummingbird Park is a great green space for families to enjoy. Losing green space is something a town can never get back. We need to protect our parks from developers! Submitted on: 4/1/2025 7:56:51 AM Name: Courtney Gogetap City of Residence: Woodway Agenda Topic: Proposal to sell Francis Anderson Center Comments: I am strongly against this proposal! Submitted on: 4/1/2025 8:31:09 AM Name: Jessie Beyer Packet Pg. 47 7.2.a Edmonds City Council Public Comments —April 8, 2025 City of Residence: Edmonds Agenda Topic: Priorities for 2025 Comprehensive Plan Amendment Ideas Ideas for neighborhood hubs Medical District Comments: Request to remove all blocks west of 76th Ave W I am a 23-year resident of Edmonds located on 80th Ave W. I have witnessed many changes to my street and neighborhood over the years, most of which have not improved the quality of life for the residents. We have watched as traffic volumes and speed have increased dramatically while pedestrian safety has decreased. We've seen an increase in litter and trash with the increase in fast food establishments near us. Our quiet neighborhood has seen an increase in noise as trees and other natural sound buffers have been removed in the name of progress and developing every last inch of a property. This may sound as if there is nothing good to say regarding my street but that is not the case. I have good neighbors who have become good friends. We have a wonderful mix of working-class families who live in one of the last affordable residential areas in Edmonds. We have a large variety of wildlife surrounding us, allowing us to wake up to the bird songs, watch the eagles and crows soar above us while squirrels, rabbits and even an otter or two visit our yards. All the things that are good and create community, encourage enjoyment of the outdoors where we can connect with our neighbors is why our street and all the other streets west of 76th Ave W should be removed from the Medical District Hub. Our neighborhood does not have the infrastructure, sidewalks, parking or layout to support business development. It is as if whoever drew the boundaries didn5CTMt know what else to do with this lovely little neighborhood and lumped it in, not because it made sense but because it was easier than learning and seeing what it is made of in real life. This neighborhood was removed from the medical district before because it was realized that it isn't a good candidate for business development, and it should be again. Business and medical development and the resources to manage that should be focused from 76th Ave W. east to Highway 99 between 220th to the south and north to 212th where there is already infrastructure, ADA sidewalks and road crossings, traffic lights and bike lanes. It also does not make sense to expand the medical district when there is a lot of empty medical office space available in all the buildings that are already purpose built. Why allow for housing to be displaced in favor of building more office and retail space further making Edmonds unaffordable? The comprehensive plan is an opportunity to look at what we want to city to be, a reflection of what we say we are about, affordable housing, community and growth that doesn't sacrifice old growth trees, wildlife and the citizens who already call our quaint city home. Submitted on: 4/1/2025 9:18:27 AM Name: Tara Larkins City of Residence: Edmonds Agenda Topic: Sale of Frances Anderson Center Comments: I think that the sale and redevelopment of Frances Anderson Center would be devastating to our welcoming downtown. Edmonds needs to keep our green spaces and places for our community to meet and welcome each other. Frances Anderson Center is a pillar of our community offering affordable classes, summer camps, and daycare. My daughter was devastated when gymnastics was w r Q E E 0 U 3 a m w e Packet Pg. 48 7.2.a Edmonds City Council Public Comments —April 8, 2025 cancelled. But each year we continue to invest in our community through summer camps and classes because they are affordable and equitable to us and our community. Selling the FAC would decrease the options we have for these camps and classes and make it harder to invest in our community. We don't need more condos driving us the already unaffordable costs of housing. We don't need more 55+ communities in a growing city of families. I vehemently oppose the sale of the FAC. Keep it in Edmonds. Thank you for hearing my thoughts Tara Larkins Perinville Submitted on: 4/1/2025 10:26:59 AM Name: Jenna Blosser City of Residence: Edmonds Agenda Topic: FAC proposal Comments: The removal of the Frances Anderson Center would be absolutely devastating to our community. I am the Assistant Director at Main Street Kids and see the daily community and involvement in this building. We not only serve families for ages 6 weeks old-5 years old so that parents can work in the community, but FAC houses Edmonds Montessori and a ton of extra curricular that is important. The daily activities I see are ballet, yoga for elders, basketball, and racquet ball for elders, gymnastics, dance and art. We also have summer camps here at FAC which is essential for working parents to help ensure the work and home life balance our society demands. Please leave our beloved FAC building so that we do not lose all of these important aspects of our lives here in Edmonds and many close by cities. Thank you, Jenna Blosser Submitted on: Name: City of Residence: Agenda Topic: Comments: Online Form 2025-04-0101:27 PM(MST) was submitted by Guest on 4/1/2025 4:27:26 PM (GMT-07:00) US/Arizona FirstName Kathryn LastName Frisk CityOfResidence Lynnwood AgendaTopic Francis Anderson Comments As someone who works in the Anderson bukding I can tell you it will be a great sadness to see this pillar in the community gone. Amazing activities and festivals that are hosted here everyday serving all ages. Having a place were all ages and genders have the opportunity to interact, had been proven to better communities and the lives of individuals. Edmonds is a city that embodies creativity Packet Pg. 49 7.2.a Edmonds City Council Public Comments —April 8, 2025 and community and losing the Francis Anderson would change what this city is all about, and set a very different precedent for future generations. Edmonds would look like every other city that has prioritized money and economic growth at the expense of its citizens. Online Form 2025-04-0101:55 PM(MST) was submitted by Guest on 4/1/2025 4:55:14 PM (GMT-07:00) US/Arizona FirstName Julia LastName Tu Email Juliewtu@gmail.com CityOfResidence Edmonds AgendaTopic Preserve Frances Anderson Center Comments Hello, I heard via the Edmonds Mom Facebook group that the Frances Anderson center (FAC) and hummingbird park are being considered to be sold to a developer. Losing FAC would be a huge loss to our community. In the 2 years I've lived in Edmonds it's quickly become our go to place as a family. It also supports numerous community activities provided at a reasonable price which is rare these days. Losing FAC would seriously diminish Edmonds reputation for me and many in my demographic (families with young children). It would be a slippery slope to losing many of the great community resources Edmonds so uniquely offers, which would cause residents to leave and Edmonds to lose its value. Please preserve FAC. Online Form 2025-04-01 02:15 PM(MST) was submitted by Guest on 4/1/2025 5:15:53 PM (GMT-07:00) US/Arizona FirstName Daniel LastName McDonagh Email mcdonagh.m.daniel@gmail.com CityOfResidence Edmonds AgendaTopic Feedback Regarding "Rezone to BD2: 6th/8th/Dayton/Main" Topic Submitted by Vivian Olson Comments The Francis Anderson Center (FAC) serves a vital purpose for the city of Edmonds as both a community owned gathering place as well as a historical landmark that has shaped it's neighborhood. The proposal to rezone the area around the FAC serves no other purpose than to eventually sell the FAC, which is a near-sighted attempt at offsetting inevitable maintenance costs. While there is language speaking to the hope of maintaining the historical significance and community use (both of which will be maintained without rezoning) this proposal is a concrete action towards their removal. I am strongly opposed to this proposal. Packet Pg. 50 7.2.a Edmonds City Council Public Comments —April 8, 2025 Online Form 2025-04-01 02:50 PM(MST) was submitted by Guest on 4/1/2025 5:50:27 PM (GMT-07:00) US/Arizona FirstName Shannon LastName Adamson CityOfResidence Edmonds AgendaTopic City budgeting/planning- more tax revenue needed Comments Please, please do what needs to be done to raise enough tax revenue to fund our city government and public programs. I am an Edmonds resident, parent and small business owner. I am constantly amazed at how poorly funded our public institutions are, and that the city is considering selling off community assets like the Francis Anderson Center, the Meadowdale Clubhouse, and Hummingbird Park to close budget shortfalls. We live in a wealthy, well-educated community. Edmonds residents have long reaped the benefits of well -funded public schools, public works, parks and recreation departments. It's time to do the unpopular but necessary thing-- raise taxes so you can actually run government the way it's supposed to be run, and provide services that an area with such a wealthy tax base should have no problem covering. I don't care if that's an unpopular political stance. We pay exceptionally low taxes in Washington state, and the trade-offs are not worth the tiny individual cost savings. We should be able to fund our schools, have freaking sidewalks in our neighborhoods, and keep our irreplaceable public amenities-- all without requiring grassroots fundraising movements to keep these amenities by paying to fill budget shortfalls out of our individual pockets. The City of Edmonds needs to get serious about the future and consider the long-term effects of clinging to an outdated tax code. Save our city. Raise our taxes. Pleadingly, Shannon Adamson Online Form 2025-04-01 02:52 PM(MST) was submitted by Guest on 4/1/2025 5:52:38 PM (GMT-07:00) US/Arizona FirstName Rick LastName Steves CityOfResidence Edmonds AgendaTopic Edmonds Parks Comments In the same spirit of not selling off our state and national parks (swapping long-term public wealth for short-term budget fixes), I'd like to weigh in on the issue of Edmonds selling park land to remedy its budget challenges. I grew up in Hummingbird Park, staying both muddy and out of trouble almost every day after school. Green spaces are a blessing, and once sold, we not only have less community space but a greater population with a shortage of such space... forever. I know our budget challenges are real, but please, please, please... Let's keep Edmonds green. Thanks, Rick Steves (concerned in Istanbul) r Q E E 0 U 2 3 a d r r e Packet Pg. 51 7.2.a Edmonds City Council Public Comments —April 8, 2025 Online Form 2025-04-01 04:01 PM(MST) was submitted by Guest on 4/1/2025 7:01:46 PM (GMT-07:00) US/Arizona FirstName Will LastName Magnuson CityOfResidence Edmonds AgendaTopic Rezone of Frances Anderson Center Comments Greetings Mayor and City Council, I want to see the historic Frances Anderson Center remain a viable property for the community far into the future. A question that should be reviewed: Is there much citywide support for more funds/taxes to pay for the repairs and renovation already identified for the Frances Anderson Center? Assuming the answer to that question is no, it would appear the city will need to review the option of a sale of the Frances Anderson Center or some sort of ownership restructuring. The main issue which can be addressed immediately is that the Frances Anderson Center has an existing R6 zoning which would guarantee the removal of the Frances Anderson Center in order to make way and provide for single family housing (or duplexes to fourplexes). R6 zoning is the old default for parks as they were typically in residential neighborhoods. The Frances Anderson Center property is zoned incorrectly as it is located within the practical boundaries of the downtown BD zone. This is not an appropriate location for additional single family home lots. A BD2 zoning revision of the FAC property will correct the zoning and provide the ability to repurpose the building and much of the center's public amenities should the city decide to proceed with a sale. The zoning revision does not require the city to sell the property, it only provides a proper zoning classification of the property. The city would retain the ability to proceed with repairs if funds were somehow available and that was determined best for the community. This is a very challenging financial time for the city with very difficult challenges. Perhaps the real question is : What city services are people willing to forego in order to provide funds to renovate the Frances Anderson Center? Thank you for your consideration and all the hard work you do. Online Form 2025-04-01 04:13 PM(MST) was submitted by Guest on 4/1/2025 7:13:47 PM (GMT-07:00) US/Arizona FirstName HEATHER LastName KNOUSE CityOfResidence Edmonds AgendaTopic Frances Anderson Center Comments To whom it may concern, I am the Director at Main Street Kids Preschool, which is housed in the lower floor of the Frances Anderson Center. I am writing in opposition of the Frances Anderson Center being sold and/or repurposed. Our school serves over 70 families in the Edmonds r Q E E 0 U 2 3 a m r w e Packet Pg. 52 7.2.a Edmonds City Council Public Comments —April 8, 2025 community, children ages 6 weeks to 5 years old, and provides jobs for 22 staff members. Our facility was voted best child care center in Edmonds in 2024 in My Edmonds News. Simply put, there is a strong need for high quality child care in our area. We are constantly full and thriving with a 500 person wait - list to get into our facility. Taking away the Frances Anderson Center will negatively impact all the Edmonds children and families we serve. This historic building is iconic in Edmonds, and has always been a place that provided education, culture, arts and recreational resources to local children and families. It would be a shame and disservice to our neighborhoods and town to remove the Frances Anderson Center. Please reconsider. Thank you, Heather Knouse Online Form 2025-04-0104:14 PM(MST) was submitted by Guest on 4/1/2025 7:14:08 PM (GMT-07:00) US/Arizona FirstName David LastName Millette CityOfResidence Edmonds AgendaTopic Zoning Changes as Part of the Comprehensive Plan Comments Members of the council and other members of our City Government, My wife and I bought our home on 80th Ave. West in Edmonds early in 2007. We live at 21814. At the time our neighborhood was zoned residential, and we were able to raise our family here because the homes were some of the most affordable in Edmonds. We wanted a yard where the kids could safely play outside under the shade of trees. The whole front of our house faced our neighbors, whose houses are backed by a long stand of mixed firs and cedars. It did not occur to us that our kids would be playing in the shade of an office building instead. Rezoning of our residential neighborhood could allow that very thing. This would completely change the character of our neighborhood. When last there was interest in rezoning this neighborhood, we were sent postcards notifying us of the proposed change, and given time to form a response. This has not happened in this recent instance. Instead, my wife and I were first notified of this change by a neighbor, who happened to attend a neighborhood walk sponsored by members of the city government. While this was an excellent idea that should be encouraged, it should not replace formal notice of something as important as a zoning change. I am told that we have state directives from the comprehensive plan that are to blame. I contributed a number of ways to the comprehensive plan, but nothing like rezoning of my neighborhood was discussed. During the formation of the Comprehensive plan, so much was discussed that a lot of details were lost in the shuffle State mandates should not override local representation. Our home is a major investment, perhaps THE major investment we will ever make. Owning a residence in a commercial area will inevitably diminish the value of the home we have worked so hard to improve. Our street does not have sidewalks and our infrastructure for transportation alone cannot handle our current levels, is within a third of a mile near two schools and cannot handle any increase in automobile traffic. We are a tree shaded area and development inevitably brings loss of tree cover, for which you will hear a lot of complaints this evening. The idea of increasing housing density is well meaning but will inevitably change the character of our neighborhoods. It is not in the interests of the current stakeholders (and taxpayers) here in this community. My representative will be hearing more about how the outlying neighborhoods have once r a� E E 0 U 2 3 a m r w e Packet Pg. 53 7.2.a Edmonds City Council Public Comments —April 8, 2025 again been sacrificed to the Not In My Backyard attitude of the bowl residents. Well, if they don't want higher density development, and we don't want higher density development, then let's not push higher density development. Thank you for taking the time to read this, David and Yumiko Millette Online Form 2025-04-0104:23 PM(MST) was submitted by Guest on 4/1/2025 7:23:33 PM (GMT-07:00) US/Arizona FirstName Janet LastName Contreras CityOfResidence Edmonds Q AgendaTopic Edmonds parks E Comments Edmonds is a charming city thanks to these beautiful green space areas , where kids can 0 enjoy nature and community can come together for movie nights at France's anderson, do picnics, share skills like playing sports and getting connected . Due to density of edmonds population we have to a preserve our parks that plays a big role why this city is so loved and appreciated ! We need new families w to come in this city and enjoy the wonderful opportunities of playing outdoors and being in nature ! Perhaps evaluate some old abandoned properties to sell to developers instead of destroying what the Edmonds community loves and cherish. LO c Online Form 2025-04-01 05:47 PM(MST) was submitted by Guest on 4/1/2025 8:47:34 PM (GMT-07:00) US/Arizona FirstName Stanislav LastName Malov CityOfResidence Edmonds AgendaTopic Opposition to sale of Francis Anderson Center (FAC) Comments The proposal to sell the Francis Anderson Center (FAC) location is fundamentally flawed and should be firmly opposed. The FAC is a cornerstone of our community, rich in historical significance and a vital hub for community activities. Selling it would be a grave mistake with long-lasting negative consequences. FAC serves as a vital space for community engagement and activities. The playfields, library, and festival grounds are invaluable assets for youth activities and community events. Selling FAC could deprive the community of these essential spaces, which are integral to fostering a sense of community and belonging. The proposal suggests that if the City continues to own the library and FAC, the zoning change would have no effect. This implies there are alternative solutions to address the HVAC overhaul without selling FAC. Exploring grants, fundraising, or community partnerships could provide the necessary funds while retaining ownership of this important community asset. In conclusion, the proposal to sell the FAC location is short-sighted and detrimental to the community. The historical significance, community value, and potential alternative solutions make a compelling case for retaining Packet Pg. 54 7.2.a Edmonds City Council Public Comments —April 8, 2025 ownership of the FAC and exploring other avenues to address the financial challenges. Selling the FAC would be a disservice to the community. Online Form 2025-04-01 08:53 PM(MST) was submitted by Guest on 4/1/2025 11:53:48 PM (GMT 07:00) US/Arizona FirstName Kevin LastName Hodder CityOfResidence Edmonds AgendaTopic Please save our parks and community center Comments My name is Kevin Hodder and I am both a resident of Edmonds (along with my wife and two daughters) and a teacher within the Edmonds School District. My family and I live within a few blocks of Hummingbird Park and the F.A. center. The proposals made to eliminate these spaces are an utter travesty. I have lived in Edmonds for nearly 35 years and I can't think of a better city to raise my children. My wife and I walk the streets of our amazing city every day with our young girls and energetic dogs. The importance of these parks and the F.A. Center cannot be overstated. We visited the meeting this evening, but were unable to go inside or stay too long as my we had to return home and put our daughters to bed. As a teacher and a parent, I know the impact access to green spaces and community hubs have on a child's development. Eliminating these spaces would have irreversible consequences. Please explore other options. Do not make our children and passionate citizens lose what we hold dear and love about our city. My grandparents were the original founders of the Edmonds in Bloom program. They would be heartbroken to hear that Edmonds was considering such proposals. Though they lived in London, they often spoke fondly of their trips to visit family in Edmonds. It was here that they fell in love with the green spaces and were inspired to create Edmonds in Bloom. As their grandson, I am asking you to reconsider. I want my children to experience the amazing things Edmonds has to offer. Protecting our parks and common spaces is an absolute necessity. Please, please consider other options. Thank you. Online Form 2025-04-02 08:40 AM(MST) was submitted by Guest on 4/2/2025 11:40:24 AM (GMT- 07:00) US/Arizona FirstName Thomas LastName Purcell Email thomasdpurcell@yahoo.com CityOfResidence Edmonds AgendaTopic Sale of Public Property Comments The sale of any public owned City of Edmonds property is wrong and short sighted given the enduring nature of the issue at hand. Public and private entities need and must learn to function Packet Pg. 55 7.2.a Edmonds City Council Public Comments —April 8, 2025 within their means. Something is systemically wrong when the budget shortfall was not identified earlier (hard questions need to be asked and followed up on). Quarterly revenue shortfall is incremental and not sudden and should have been acted upon preemptively early rather than an all or nothing panic. Budgets need to be tightened and cuts be made to weather this situation. Why doesn't the city have a 'rainy' day fund? Online Form 2025-04-02 08:46 AM(MST) was submitted by Guest on 4/2/2025 11:46:55 AM (GMT- 07:00) US/Arizona FirstName Suzann LastName Daley CityOfResidence Shoreline AgendaTopic Potential Sale of Frances Anderson Center Comments I read on Nextdoor this morning that the Edmonds City Council is considering selling the Frances Anderson Center. This is utterly shocking to me! My children have attended classes for ballet, theater, etc. at the Frances Anderson Center. We also attend the Edmonds Art Festival there each year. Please consider the greater public good and economic benefit of this space and refrain from selling this property. It is a wonderful cultural center, and a draw for people living in other cities, much less in Edmonds. There is also the long history and public ties to the former school itself to consider. Selling due to a budget shortfall would be a tragic, shortsighted mistake for the whole community. Thank you for considering my comments. Online Form 2025-04-02 09:56 AM(MST) was submitted by Guest on 4/2/2025 12:56:21 PM (GMT- 07:00) US/Arizona FirstName Bea LastName Wilson Email beabeachwatcher@gmail.com CityOfResidence Edmonds AgendaTopic Sale of property for development Comments More information should be published. I don't want public lands sold for development. Let private development take place in traffic corridors where transit relieves traffic congestion on our streets & through neighborhoods. I live on 9th South & have serious issues with speeding traffic not allowing safe exit from my driveway almost anytime of the day. The City needs to address increasing traffic with development... not on public lands. Online Form 2025-04-02 10:50 AM(MST) was submitted by Guest on 4/2/2025 1:50:41 PM (GMT-07:00) US/Arizona Packet Pg. 56 7.2.a Edmonds City Council Public Comments —April 8, 2025 FirstName Marcia LastName Kelly -Parker CityOfResidence Edmonds AgendaTopic Don't sell Frances Anderson center or Hummingbird Park Comments As a community member we need our community center and our parksM This is a bad idea! Thank you, Marcia Online Form 2025-04-02 11:29 AM(MST) was submitted by Guest on 4/2/2025 2:29:51 PM (GMT-07:00) US/Arizona FirstName Diana LastName Zahler CityOfResidence Edmonds AgendaTopic Selling Hummingbird Park and Frances Anderson Center Comments I think this is the most absurd ideas that I have heard in a very long time. The park is small and a beloved place for families and children to play and feel safe! The center provides so many classes, programs and also a great area for people to play sit and enjoy the quiet loveliness of Edmonds. The center is used for many activities such as the Taste and the Art Festival and for those of us who went there for school it holds so many great memories. Please do not turn Edmonds into a Ballard or other place with no respect for the town. Thank you. Online Form 2025-04-02 12:43 PM(MST) was submitted by Guest on 4/2/2025 3:43:31 PM (GMT-07:00) US/Arizona FirstName Marjorie LastName Larner CityOfResidence Edmonds AgendaTopic Community Centers and Parks Comments Please commit to Edmonds as a community through our few remaining common gathering spaces that aren't businesses. Now more than ever, we need ways to connect with our neighbors, be there for each other through whatever times we face. My request to you at the City Council is to think realistically about priorities in this unprecedented time with uncertainties ahead. Fiscal responsibility is paying for what you need as well as a balanced budge on paper. Please let people Packet Pg. 57 7.2.a Edmonds City Council Public Comments —April 8, 2025 participate in figuring out this fiscal crisis in ways that strengthen our city's community. Thank you for your hard work. Online Form 2025-04-02 12:47 PM(MST) was submitted by Guest on 4/2/2025 3:47:31 PM (GMT-07:00) US/Arizona FirstName Esther LastName Drouin Email Thedrouins@hotmail.com CityOfResidence Edmonds AgendaTopic Hummingbird Hill Park/FAC Comments To the Edmonds City Council and Public Officials: I am definitely opposed to selling Hummingbird Hill Park and Edmonds Francis Anderson Center. These two community areas are essential for promoting events, relaxation, and fun for all ages. Obviously the City needs funds (as always) but be prudent and methodical in your actions. I am certain there is much waste in other administrative positions/committees and other needless projects. Online Form 2025-04-02 01:51 PM(MST) was submitted by Guest on 4/2/2025 4:51:37 PM (GMT-07:00) US/Arizona FirstName Anne LastName LeWarne CityOfResidence Edmonds AgendaTopic FAC Comments Please take the Frances Anderson Center off the table when considering where your fast cash is going to come from. Obviously, this is a horrible idea. Online Form 2025-04-02 02:10 PM(MST) was submitted by Guest on 4/2/2025 5:10:23 PM (GMT-07:00) US/Arizona FirstName Erica LastName Miner CityOfResidence Edmonds AgendaTopic Frances Anderson Center and Hummingbird Park Packet Pg. 58 7.2.a Edmonds City Council Public Comments —April 8, 2025 Comments This is beyond disturbing. With such indiscriminate selling off of such valuable locations, will there be nothing left of our town's traditions and special character? Is nothing sacred? I stand firm especially against developing the Anderson Center, which has been a mainstay of our community. I respectfully ask that you think this over carefully. Online Form 2025-04-02 02:18 PM(MST) was submitted by Guest on 4/2/2025 5:18:41 PM (GMT-07:00) US/Arizona FirstName Brian LastName Moll CityOfResidence EDMONDS AgendaTopic Frances Anderson Center in danger Comments I am concerned to hear about the suggestion of possibly selling the Frances Anderson Center to a developer. The Center is an integral part of the small town vibe that is the reason most residents choose to live here and non-residents come to visit. A developer is only interested in how much money they can make out of a place and could care less about how they leave a place as long as they make their money. Like the Edmonds Center for the Arts, the Frances Anderson Center has a character that is part of the history and tapestry that is Edmonds. I have to think that the citizens will have to take a step back and look at who they are voting into City Council and Local politicians that even suggest that as a possibility. The Edmonds Arts Festival would not be the same any other place. We have to protect our historical places to keep our beloved city as quaint as it is. Say "No" to any sale of the Frances Anderson Center. -Brian Moll Packet Pg. 59 8.1 City Council Agenda Item Meeting Date: 04/8/2025 Approval of Council Special Meeting Minutes March 21, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative N/A Attachments: 2025-03-21 Council Special Minutes Draft Packet Pg. 60 8.1.a EDMONDS CITY COUNCIL SPECIAL MEETING ACTION MINUTES March 21, 2025 ELECTED OFFICIALS PRESENT Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER STAFF PRESENT Jeff Taraday, City Attorney Rod Sniffen, Acting Police Chief Scott Passey, City Clerk The Edmonds City Council Special meeting was called to order virtually and in the City Council Conference Room, 121 — 5th Avenue North, Edmonds, at 4:00 pm by Council President Tibbott. 2. COUNCIL BUSINESS 1. EMERGENCY ORDINANCE AUTHORIZING EMPLOYEE POSITIONS Mr. Taraday explained that the proposed ordinance is identical to the ordinance passed on Tuesday except for the effective date. This version, which contains an emergency declaration and sunset clause, would take immediate effect if adopted by at least five councilmembers. Acting Chief Sniffen added that the new effective date allows the police department to proceed with the corporal promotion and avoid any potential challenge to that process. COUNCILMEMBER PAINE MOVED TO APPROVE ORDINANCE NO. 4388 AMENDING AUTHORIZED EMPLOYEE POSITIONS. MOTION CARRIED UNANIMOUSLY. ADJOURNMENT The meeting was adjourned at 4:07 pm. Edmonds City Council Minutes March 21, 2025 Page 1 Packet Pg. 61 8.2 City Council Agenda Item Meeting Date: 04/8/2025 Approval of Council Special Meeting Minutes March 27, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative N/A Attachments: 2025-03-27 Council Special Meeting Walking Tours Draft Packet Pg. 62 8.2.a COUNCIL SPECIAL MEETING NEIGHBORHOOD HUBS & CENTERS — WALKING TOURS March 27, 2025 Elected Officials Present Staff Present Councilmember Olson Shane Hope, Interim PDS Director Councilmember Dotsch Brad Shipley, Senior Planner Council President Tibbott Navyusha Pentakota, Planner 1. At 10:00 am, participants met at the Westgate location, or the intersection of SR-104 and 100th Ave W and toured the neighborhood. Elected officials present: Councilmember Olson. 2. At 12:00 pm, participants met at West Edmonds Way location, or the traffic island at 630 Edmonds Way, and toured the neighborhood. Elected officials present: Councilmember Olson. 3. At 2:00 pm, participants met at Firdale Village, located at Firdale Ave & NW 2051h Street, and toured the neighborhood. Elected officials present: Councilmembers Olson, Dotsch, and Council President Tibbott. The tour ended at 3:30 pm. Packet Pg. 63 8.3 City Council Agenda Item Meeting Date: 04/8/2025 Approval of Council Special Meeting Minutes March 28, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative N/A Attachments: 2025-03-28 Council Special Meeting Walking Tours Draft Packet Pg. 64 8.3.a COUNCIL SPECIAL MEETING NEIGHBORHOOD HUBS & CENTERS — WALKING TOURS March 28, 2025 Elected Officials Present Councilmember Olson Councilmember Dotsch Council President Tibbott Councilmember Paine Staff Present Brad Shipley, Senior Planner Navyusha Pentakota, Planner 1. At 10:00 am, participants met at Five Corners, or the intersection of Main Street and 212th St SW and toured the neighborhood. Elected officials present: Councilmember Olson. 2. At 12:00 pm, participants met at the Medical District Expansion at the SE corner of 212th St. SW and 80th Ave. W and toured the neighborhood. Elected officials present: Councilmembers Olson and Dotsch. 3. At 2:00 pm, participants met at South Lake Ballinger, or the SW corner at 76th Ave W and 242nd St. SW and toured the neighborhood. Elected officials present: Councilmembers Paine, Olson, Dotsch, and Council President Tibbott. The tour ended at 3:30 pm. Packet Pg. 65 8.4 City Council Agenda Item Meeting Date: 04/8/2025 Approval of Council Special Meeting Minutes March 31, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative N/A Attachments: 2025-03-31 Council Special Meeting Walking Tours Draft Packet Pg. 66 8.4.a COUNCIL SPECIAL MEETING NEIGHBORHOOD HUBS & CENTERS — WALKING TOURS March 31, 2025 Elected Officials Present Councilmember Olson Councilmember Dotsch Councilmember Chen Councilmember Eck Councilmember Paine Staff Present Shane Hope, Interim PDS Director Brad Shipley, Senior Planner Navyusha Pentakota, Planner 1. At 10:00 am, participants met at the Maplewood location near Edmonds Adventist Church (8625 196t" Street SW) and toured the neighborhood. Elected officials present: Councilmembers Olson and Dotsch. 2. At 12:00 pm, participants met at the East Seaview location at the NE corner of 76th Ave W and 196th St SW and toured the neighborhood. Elected officials present: Councilmembers Olson and Dotsch. 3. At 2:00 pm, participants met at the North Bowl location, or the intersection of Olympic View Drive and Puget Drive (1101 Puget Drive) and toured the neighborhood. Elected officials present: Councilmembers Paine, Eck, Olson, Dotsch, and Chen. The tours ended at 3:30 pm. Packet Pg. 67 8.5 City Council Agenda Item Meeting Date: 04/8/2025 Approval of Council Committee A Minutes April 1, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative N/A Attachments: 2025-04-01 Council Committee A Minutes Draft Packet Pg. 68 8.5.a COUNCIL COMMITTEE A MEETING April 1, 2025 Elected Officials Present Staff Present Councilmember Dotsch (Chair) Shannon Burley, Deputy PRHS Director Thom Sullivan, Facilities Manager Council President Tibbott (ex-officio) Scott Passey, City Clerk Councilmember Paine Councilmember Chen 1. CALL TO ORDER The Edmonds City Council Committee A meeting was called to order virtually and in the City Council Conference Room, 121 — 51" Avenue North, Edmonds, at 3:00 pm by Councilmember Dotsch. 2. COMMITTEE BUSINESS 1. Summer Market, Edmonds SpringFest, Edmonds Arts Festival Special Event Agreements Deputy Director Burley explained the recommendation to approve the Event Agreements between the City of Edmonds and the Edmonds -South Snohomish County Historical Society for the Summer Market; the Urban Craft Uprising for Edmonds SpringFest and the Arts Festival Association for the Edmonds Arts Festival. Each Event Agreement is like previous years and festival guidelines conform with all local and state laws and permit requirements. Questions and discussion followed regarding ADA signage and other aspects of special event planning. Committee recommendation: Consent 2. Building Controls - Support Agreement with ATS Automation Mr. Sullivan explained the proposal to renew the Building Automation Support Agreement with ATS Automation, a sole source vendor for Alerton DDC automated building controls in Washington State. The City of Edmonds' HVAC, indoor air quality, and system energy performance is supported by this system. ATS Automation provides general account and network support, functional testing of systems and components, performance analytics, emergency response and system updates as well as support for mechanical contractor work that is not controls related. ATS is a long term support contractor who offers expertise to support reliable operation of the city's aging mechanical infrastructure at eight city buildings. Questions and discussion followed regarding scope of work, flooding at the Library, and cost increase Committee recommendation: Consent 3. Public Safety Buildinq - Chiller Plant Service & Maintenance Agreement Continuation Mr. Sullivan outlined the proposal to renew the Service Agreement with Trane US Inc., the service provider for specialty HVAC and Mechanical systems, the 100 Ton Chiller plant that services the Edmonds Public Safety Complex provides indoor air quality and temperature control to the 41,000 square feet of emergency support services, court operations, city council chambers and fire living Packet Pg. 69 8.5.a 4/1/2025 Committee A Minutes, Page 2 Quarters during the summer months. Questions and discussion focused on system maintenance and integration between the different buildings. Committee recommendation: Consent 4. AWC Energy Audit Grant Award and Audit Service Agreement Mr. Sullivan recommended that City accept the AWC Energy Audit Grant award for $55,808.00 and Energy Auditing services proposal/PSA to conduct energy auditing services for three locations: City Hall, Public Safety, and Public Works. This is a rare zero -match grant, so the city is not required to provide a matching fund amount. Questions and discussion followed regarding audit and grant requirements, city buildings, and the need for a budget amendment. Committee recommendation: Consent ADJOURNMENT The meeting was adjourned at 3:37 pm. Packet Pg. 70 8.6 City Council Agenda Item Meeting Date: 04/8/2025 Approval of Council Meeting Minutes April 1, 2025 Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Recommendation Approval of Council Meeting minutes as part of the Consent Agenda. Narrative N/A Attachments: 2025-04-01 Council Minutes Draft Packet Pg. 71 8.6.a EDMONDS CITY COUNCIL MEETING ACTION MINUTES April 1, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Jeff Taraday, City Attorney (remote) Shane Hope, Interim PDS Director Nicholas Falk, Deputy City Clerk 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 Dotsch 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. ANNUAL PRESENTATION FROM THE EDMONDS CENTER FOR THE ARTS The Edmonds Public Facilities District / Edmonds Center for the Arts (ECA), as a component unit of the City of Edmonds, shared an annual presentation with City Council. Ray Liaw, President began by speaking about who they are and their relationship to the city. Kathy Liu, Executive Director, spoke on their mission, and the three core activities; curating a dynamic performance season, to engage and educate the community, and support and host events. She spoke on their 2024/2025 season, giving examples of their diverse programming. Kathy touched on examples from their education and community engagement. She provided Edmonds City Council Minutes April 1, 2025 Page 1 Packet Pg. 72 8.6.a examples of the 2024/2025 rentals they secured, the expanding interest, statistics showing the increase in business, and a high-level breakdown of their audience demographics. Their financial update was presented showing their projected outlook to remain much the same as the previous year. She went over some of the one-time costs and capital improvements/investments they have put forward to keep the facility safe, modern and accessible. Kathy closed with presenting their 2023 Audit, which came back with no findings, and what ECA has ahead: their 2025/2026 season, strategic planning, and celebrating their 20th anniversary. 2. MAYOR'S FINANCIAL REPORT With council being up to date, Mayor Rosen opted to give precedence to other council business. 5. APPROVAL OF AGENDA COUNCILMEMBER ECK MOVED APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 6. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES 2. WRITTEN PUBLIC COMMENTS 3. PLANNING BOARD UPDATE 7. AUDIENCE COMMENTS 1. Tim Greiner, Edmonds, objected to the sale of Hummingbird Park and questioned the surplus of four parks. 2. Donald Wayne, Edmonds, objected to the council comment that Hummingbird Park is not utilized, the drainage issue/flooding of the park, proposed a B&O Tax. 3. Jordan Rudd, Edmonds, commented in opposition of considering the sale of Hummingbird Park. 4. Chelsea Rudd, Edmonds, commented in opposition of selling any city park. She mentioned her interaction with the council on the redevelopment of the park. 5. Jack Shull, Edmonds, commented in opposition to the parks being considered for sale as an asset. He touched on litigation if the council chose to move it forward for consideration. 6. Gordon Black, Edmonds, commented on the success of a park and how it is not a commercial space, but how it is used by the community as he has seen it. He opposed the park being considered selling it. He quotes several sections of the comprehensive plan and how it applies to preserving the parks. 7. Bob Ledford, Edmonds, commented on how if you sell a park, you can't get it back. He mentioned the positives from the council walkabouts; urged the council to utilize the community experts to help solve the problem. 8. Phillip & Hanna Witte commented in opposition to Frances Anderson Center and Hummingbird Park being considered to sell. Proposed paid parking, increasing corporate development tax, opening a hotel, increased ordinance enforcement, and property tax increases to offset deficit. Edmonds City Council Minutes April 1, 2025 Page 2 Packet Pg. 73 8.6.a 9. Eric Bidstrop, Edmonds, commented in opposition to sell Hummingbird Park. He stated the sale goes in direct opposition to the comprehensive plan. He encouraged the council to consider ongoing revenue streams instead of one-time funds. He also encouraged the public to vote for the RFA in the upcoming election. 10. Kathy Stahl, Edmonds, commented in opposition to the sale of Hummingbird Park. She has witnessed activities constantly occurring and mentioned the wildlife impacts. 11. Greg Goodman, Edmonds, commented in support of keeping the park. He also spoke on the north bowl hub, reading a portion of the traffic safety, and how the last traffic study designated it as a hazardous and dangerous place. He would like the council to reconsider that area. 12. Kim Siegrist, Edmonds, spoke for the North Bowl Coalition (Marty Renish, Linda Hoad) thanking them for the walk and talk. They asked the North Bowl Hub to be removed or limited to Alternative A. 13. Adam Sindelar, Edmonds, commented in support of keeping Hummingbird Park mentioning how selling this, or any park, is a permanent loss for the community. 14. Georgina Armstrong, Edmonds, commented on what being a `tree city USA' means. She feels the city fails in meeting the `tree city' standards. She commented on the loss of the mature tree, "big red". 15. Robin Wright, Edmonds, commented in opposition of the council considering the sale of community centers and parks. She would rather scale back on replaceable city staff or programs than sacrifice community centers and parks. She wanted them to reconsider the Growth Management Plan:5-Corners proposal and the flooding/gully issues in Yost Park. 16. Glen McPherson, Edmonds, commented in support of saving Hummingbird Park. 17. Jack Faris, Edmonds, commented in support of saving Hummingbird Park. 18. Lindsay Mead, Edmonds, commented on the history of Hummingbird Park and community usage over the decades. He mentions that green space cannot be replaced, all the parks. Parks are not a solution to the budget crisis. 19. Chris Ziobru, Edmonds, commented in support of saving the parks. He feels parks are the public's asset, should not be considered for sale, and improved communication back to the public would be appreciated. 20. Nicki & Juno Barr, Edmonds, commented with her daughter on how they do not want to lose Hummingbird Park. They love the park and spend a lot of time there together. 21. Oona & Kennedy Hall, Edmonds, commented in support of keeping Hummingbird Park. He spoke on hitting rock bottom and how he moved to Edmonds for that park. The value of parks binds us intergenerationally. 22. Dylan Borowski, Edmonds, commented in support of saving Hummingbird Park. He spoke on a one-time cash for a permanent loss is not okay, if the city doesn't consider sustainable revenues, it will find itself in another budget deficit. 23. Kathleen Sears, Edmonds, commented on the tree, "big red" and its destruction. She commented on the benefits of heritage trees. 24. Kimberly Wayne, Edmonds, commented in opposition of selling Hummingbird Park. She expressed concern for the environmental impact in developing the park, urging the council to remove it from consideration. 25. Lora Hein, Edmonds, commented on the loss of the tree, "big red". She feels that we do not meet the criteria to be a green city any longer and we preserve our parks and trees. 26. Brian Webster, Edmonds, commented on saving our parks and in opposition to the sale of Frances Anderson Center. Edmonds City Council Minutes April 1, 2025 Page 3 Packet Pg. 74 8.6.a 27. Cristina Teidoro, Edmonds, commented in support of how vital parks are and her concern of the council considering other parks in her neighborhood to sell too. 28. Jamie Gouge, Edmonds, commented on the thriving city and in opposition to the sale of parks. She also spoke on the sale of FAC and the tremendous loss to the community programs if that were sold. 29. Angie Balm, Edmonds, commented on her involvement with the community through the Frances Anderson Center and her childcare business there. 30. Gwen Winterspa, Edmonds, commented on her concern about the state of the city. She felt the city failed to protect the tree, "big red", feels we need to protect heritage trees and their benefits. She also spoke in opposition to selling parks or the Frances Anderson Center. 31. Lee Ledford, Edmonds, commented in support of saving Hummingbird Park. They felt that being semi -disabled, the park provides them an accessible space to enjoy. 32. Mia Vanderveer, Edmonds, commented on the loss of the tree, "big red" and the loss of environmental benefits it provided. She also spoke on the loss of FAC and how it would ruin the years of shared history by the community. 33. Petula, Edmonds, commented on the loss of the tree, "big red" and the sadness and disappointment of the community in its loss. 34. Macy Lawrence, Edmonds, commented on the positive development of the city, but also the disappointment of the loss of the tree, "big red" and in favor or saving Hummingbird Park. She felt there was a lack of transparency with the tree removal. 35. Peggy Man, Edmonds, commented on developing a hub on Puget Drive and Olympic View Drive and how it would negatively affect that community. She doesn't feel there is a capacity to develop density in that hub and opposes the initiative. 36. Kylie Wright, unknown, commented in support of keeping the Frances Anderson Center bringing personal experiences forward to share. She supports the all -ages community activities in that space and would like the council to keep it for future generations. 37. Lee Agle, Edmonds, commented on the Frances Anderson Center and how it is a hub of the community and providing examples of the many different activities there. She is shocked that the sale of the property is even on the table to deal with the city's shortfall. 38. Sarah Davis, Edmonds, commented on the use of the FAC and how she feels she became part of the community by using those facilities. 39. Kim Butler, unknown, commented on the community's support of the environment. She feels the loss of the tree, "big red" is a tremendous loss. She does not feel there is a strong tree protection policy in the city. 40. Lindsay, Edmonds, commented in support of keeping all our parks. 41. Simone Bower, Edmonds, commented on the loss of the tree, "big red". She is angry about the loss of the tree and concerned about the lack of communication. She also feels disappointed in the mayor and council. 42. Mirian Topaz -King, unknown, commented on how we can't save the tree now, but we can save the parks and the Frances Anderson Center. 43. Craig Brewer, Edmonds, commented on the loss of the tree, "big red", feels we need to cut staff deeper, raise taxes, and reconsider the development of the hubs and centers. He urged them to not consider the north hub as the community does not have the ability to handle the capacity of increased development. 44. Bonnie Rogan, Edmonds, commented in opposition of the sale of Frances Anderson Center. She has benefited from the services and community events there, strongly urges the city to keep the community space. Edmonds City Council Minutes April 1, 2025 Page 4 Packet Pg. 75 8.6.a 45. Joe Scordino, Edmonds, commented on the lack of appropriate polices to protect and preserve our open green spaces. He feels the city has done a terrible job in preserving our spaces. 46. Jim Oganowski, Edmonds, commented on the financial difficulties and wants to see a recovery plan. He feels that there are many community experts that are willing to participate and help to create an informed decision. 47. Kat, Edmonds, commented on how lucky Edmonds is to be a small town in a big city. She is advocating for her children by asking the council to not sell the Frances Anderson Center or parks because that is where generations make memories. 48. Kevin Fagerstrom, Edmonds, commented on the shared responsibility of the community. He commented on the relationship between the RFA vote and the parks; how they are separate items on the ballot. 49. Isabell, Edmonds, commented on the Frances Anderson Center and feels it is the heart of Edmonds. She does not feel it should be considered for sale and should be kept. 50. Nora Carlson, Edmonds, commented on the loss of the tree, "big red" and feels the city should keep their hands off our city parks. The city needs to think creatively about finances rather than sacrifice our community spaces. 51. Grant Hazard, Edmonds, commented on Frances Anderson Center and Hummingbird Park. He feels there is so much good that comes from these community spaces and would not like to lose them. He proposed a short-term rental tax, increased property taxes, and a hotel on the waterfront as a better long-term revenue source. 52. Marietta, Lynnwood, commented on opposing selling the Frances Anderson Center. She does not feel that selling the Frances Anderson Center or parks is an appropriate long- term solution to the budget. She urges the council to reconsider. 53. Taylor Geiger, Edmonds, commented in opposition of selling the Frances Anderson Center or parks. 54. Laura Harper, Edmonds, commented in opposition of selling the Frances Anderson Center or parks. It should not be considered. 55. Finis Tupper, Edmonds, commented on the loss of "big red". He also commented on the hearing examiner meetings regarding Perrinville Creek. He feels we are selling our parks and giving away our fire stations. 56. Kaitlin Gates, Edmonds, commented on the city taking away the parks and community spaces and how that impacts children. Please be proactive, be creative, and find another solution. 57. Britni Kipp, Edmonds, commented on the idea of selling parks off. She feels getting outside facilitates personal healing and bonding. She urges the council to not take those spaces away. 58. Marie Svendson, Edmonds, commented in support of saving Frances Anderson Center and Edmonds parks. 59. Nicole Ryder, unknown, commented in support of saving Hummingbird Park. She proposed long-term revenue options such as increasing tourism and parking fees. 60. Elizabeth Peck, unknown, commented in support of keeping the Frances Anderson Center and parks. 61. Nate Schmidt, Edmonds, commented in support of keeping the Frances Anderson Center, emphasizing the point from a prior speaker of community daycare needs. 62. LK Sheridan Herber, unknown, 63. Garrett Johnson, Edmonds, commented in support of keeping the Frances Anderson Center and the city parks. Edmonds City Council Minutes April 1, 2025 Page 5 Packet Pg. 76 8.6.a MEETING EXTENSION COUNCILMEMBER PAINE MOVED TO EXTEND THE MEETING UNTIL 9:45. MOTION TO EXTEND AGENDA CARRIED UNANIMOUSLY. RECESS AT 8:56 PM, MAYOR ROSEN RECESSED THE MEETING UNTIL 9:03 PM. THE MEETING RECONVENED AT 9:03 PM. 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER CHEN MOVED APPROVAL OF THE CONSENT AGENDA. MOTION TO APPROVE THE CONSENT AGENDA CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES MARCH 25, 2025 2. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS. 9. COUNCIL BUSINESS COUNCILMEMBER NAND MOVED TO TABLE ITEM 9.1. MOTION FAILED 1-5-0 WITH COUNCILMEMER NAND VOTING IN FAVOR, COUNCILMEMBERS CHEN, DOTSCH, OLSON, ECK, AND COUNCIL PRESIDENT TIBBOTT VOTING AGAINST, AND COUNCILMEMBER PAINE ABSTAINING. 1. PRIORITIES FOR 2025 COMPREHENSIVE PLAN AMENDMENT IDEAS Shane Hope, Interim PDS Director, presented on the approach to address the 2025 Comprehensive Plan Amendment Ideas provided by Council. Consistent with the approved 2025 amendment process, Council members submitted to the Council's legislative executive assistant their ideas for Comprehensive Plan amendment ideas to study. Those 28 ideas were consolidated into a table and shared as part of the Council's March 25th meeting. The 28 ideas --in abbreviated form --were divided into five categories. It was discussed that Items from Category 5 ("Code Updates/Other") should not be considered as Comprehensive Plan amendment ideas. Also, some items could be combined (such as four different ideas about the same neighborhood hub). COUNCILMEMBER DOTSCH MOVED TO UTILIZE THE SHORT LIST OF COMPREHENSIVE PLAN AMENDMENT IDEAS BY CATEGORY IN OUR PACKET FOR THE ORDER OF PRESENTATION AND DISCUSSION OF ALL THE COUNCILMEMBERS' PROPOSED COMPREHENSIVE PLAN AMENDMENT IDEAS. A POTENTIAL FINAL VOTE OR PROPOSED HIERARCHY OR RANKING OF AMENDMENTS TO BE CONSIDERED, WILL NOT TAKE PLACE UNTIL AFTER ALL AMENDMENTS ARE PRESENTED AND DISCUSSED." MOTION FAILED 2-5 WITH COUNCILMEMBERS Edmonds City Council Minutes April 1, 2025 Page 6 Packet Pg. 77 8.6.a DOTSCH AND OLSON VOTING IN FAVOR, COUNCILMEMBERS PAINE, NAND, CHEN, TIBBOT, AND ECK VOTING AGAINST. COUNCIL PRESIDENT TIBBOT MOVED TO: 1. START OUR DELIBERATION WITH THE 6 AMENDMENT TOPICS THAT HAVE BEEN PRIORITIZED ON THE COUNCIL AMENDMENT CHECKLIST PROVIDED BY EMAIL AND COLLATED BY OUR EXECUTIVE ADMINISTRATOR. 2. THAT EACH OF THE SIX BE DESCRIBED BY THE COUNCIL MEMBER OR MEMBERS WHO ADVANCED THAT AMENDMENT SUGGESTION. 3. THAT WE RECEIVE CLARIFICATION AS COUNCIL DESIRES FROM THE STAFF 4. AND FINALLY, VOTE ON THESE FIRST SIX AMENDMENTS IN RANDOMIZED ORDER. THE FIRST FOUR THAT GET FOUR AFFIRMATIVE VOTES WILL BE FORWARDED TO THE PLANNING DEPARTMENT. 5. IF FOUR ARE NOT IDENTIFIED FROM THE FIRST SIX, THEN WE WILL MOVE TO THE NEXT THREE THAT WERE PRIORITIZED BY THE COUNCIL. AND DESCRIBED AND VOTED ON IN THE SAME MANNER AS BEFORE WITH ALL PREVIOUSLY CONSIDERED AMENDMENTS AGAIN CONSIDERED IN RANDOMIZED ORDER. 6. IF FOUR ARE NOT IDENTIFIED BY COUNCIL ACTION OF THE FIRST 9, THEN WE WILL MOVE TO INDIVIDUAL AMENDMENTS BROUGHT FORWARD BY INDIVIDUAL MOTIONS TO CONSIDER, THEN VOTED UPON UNTIL WE HAVE FOUR. COUNCILMEMBER OLSON MOVED TO EXTEND THE MEETING UNTIL 10:15. MOTION TO EXTEND AGENDA CARRIED UNANIMOUSLY. MAIN MOTION REGARDING PROCESS FAILS AS A TIE 3-3-0 WITH COUNCILMEMBERS PAINE, TIBBOT, AND ECK VOTING IN FAVOR, COUNCILMEMBERS CHEN, DOTSCH, AND OLSON VOTING AGAINST AND COUNCILMEMBER NAND ABSTAINING. COUNCIL PRESIDENT TIBBOT MOVED TO DELIBERATE ON TOP 2 AND HANDLE THE REMAINING AT A DIFFERENT MEETING. MOTION PASSES 5-1-0 WITH COUCNILMEMBERS PAINE, CHEN, TIBBOT, OLSON, AND ECK VOTING IN FAVOR, COUNCILMEMBER DOTSCH VOTING AGAINST AND COUNCILMEMBER NAND ABSTAINING. The council deliberated on the top 2 amendment ideas; North Bowl Hub change and Establish Critical Areas Program, to put on the list for further consideration and study. COUNCIL PRESIDENT TIBBOT MOVED TO ADVANCE NORTH BOWL HUB FOR FURTHER CONSIDERATION AND STUDY. MOTION PASSES 6-0-0 WITH COUCNILMEMBERS PAINE, CHEN, TIBBOT, OLSON, ECK, AND DOTSCH VOTING IN FAVOR AND COUNCILMEMBER NAND ABSTAINING. Edmonds City Council Minutes April 1, 2025 Page 7 Packet Pg. 78 COUNCILMEMBER CHEN MOVED TO ADVANCE ESTABLISHING CRITICAL AREAS PROGRAM FOR FURTHER CONSDIERATION AND STUDY. MOTION PASSES 6-0-0 WITH COUCNILMEMBERS PAINE, CHEN, TIBBOT, OLSON, ECK, AND DOTSCH VOTING IN FAVOR AND COUNCILMEMBER NAND ABSTAINING. The remaining topics will be brought back at a later date. 10. COUNCIL COMMENTS Councilmembers commented on various issues. COUNCILMEMBER OLSON MOVED TO EXTEND THE MEETING UNTIL 10:20. MOTION TO EXTEND AGENDA CARRIED UNANIMOUSLY. COUNCILMEMBER OLSON MOVED TO EXTEND THE MEETING UNTIL 10:30. MOTION TO EXTEND AGENDA CARRIED UNANIMOUSLY. 11. MAYOR'S COMMENTS Mayor Rosen provided comments. ADJOURNMENT The meeting was adjourned at 10:26 pm. Edmonds City Council Minutes April 1, 2025 Page 8 Packet Pg. 79 8.7 City Council Agenda Item Meeting Date: 04/8/2025 Approval of claim checks. Staff Lead: Richard Gould Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #266752 through #266840 dated April 2, 2025 for $1,679,081.95. Staff Recommendation Approval of claim checks. 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 04-02-25 Agenda copy Packet Pg. 80 8.7.a apPosPay Positive Pay Listing 4/2/2025 10:03:21AM City of Edmonds Document group: jacobson Page: 1 Vendor Code & Name Check # Check Date Amount 076040 911 SUPPLY INC 266752 4/2/2025 4,047.42 065052 AARD PEST CONTROL 266753 4/2/2025 601.14 000135 ABSCO ALARMS INC 266754 4/2/2025 1,491.75 001528 AM TEST INC 266755 4/2/2025 115.00 079839 AMADO PITTLE, MARIA CECILIA 266756 4/2/2025 130.00 025217 ARG INDUSTRIAL 266757 4/2/2025 1,324.72 078237 ARIAS, ADRIAN 266758 4/2/2025 130.00 077786 AT & T 266759 4/2/2025 275.00 064341 AT&T MOBILITY 266760 4/2/2025 43.35 070305 AUTOMATIC FUNDS TRANSFER 266761 4/2/2025 1,172.33 075217 BASLER, ANTHONY C 266762 4/2/2025 130.00 073029 CANON FINANCIAL SERVICES 266763 4/2/2025 723.31 077353 CAPITOL CONSULTING LLC 266764 4/2/2025 3,900.00 071816 CARLSON, JESSICA 266765 4/2/2025 1,651.65 019215 CITY OF LYNNWOOD 266766 4/2/2025 422,808.54 079151 CM AIR PROS LLC 266767 4/2/2025 79.20 064369 CODE PUBLISHING LLC 266768 4/2/2025 193.50 078902 COLEMAN OIL COMPANY LLC 266769 4/2/2025 24,104.32 070323 COMCAST BUSINESS 266770 4/2/2025 204.56 005965 CUES INC 266771 4/2/2025 2,294.52 076172 DK SYSTEMS 266772 4/2/2025 1,217.44 065739 DTG RECYCLE 266773 4/2/2025 115.00 076610 EDMONDS HERO HARDWARE 266774 4/2/2025 59.81 008705 EDMONDS WATER DIVISION 266775 4/2/2025 1,124.29 075200 EDUARDO ZALDIBAR 266776 4/2/2025 260.00 079828 EDWARD DON & COMPANY LLC 266777 4/2/2025 3,583.38 008812 ELECTRONIC BUSINESS MACHINES 266778 4/2/2025 161.47 009350 EVERETT DAILY HERALD 266779 4/2/2025 49.88 009327 EVERETT ENGINEERING INC 266780 4/2/2025 2,162.63 064088 EVERON LLC 266781 4/2/2025 1,146.87 072493 FIRSTLINE COMMUNICATIONS INC 266782 4/2/2025 1,220.28 072138 FUELCARE INC 266783 4/2/2025 4,478.68 076932 GIRARD RESOURCES & RECYCLING 266784 4/2/2025 305.00 012233 GRAYBAR ELECTRIC CO INC 266785 4/2/2025 138.03 079800 GUPTA, PREMCHAND 266786 4/2/2025 130.00 012560 HACH COMPANY 266787 4/2/2025 2,649.94 078272 HARRINGTON, SHEILAANNE 266788 4/2/2025 130.00 079287 HERITAGE PROF PRODUCTS GROUP 266789 4/2/2025 5,049.50 076240 HM PACIFIC NORTHWEST INC 266790 4/2/2025 716.73 067862 HOME DEPOT CREDIT SERVICES 266791 4/2/2025 955.64 061013 HONEY BUCKET 266792 4/2/2025 290.95 069733 ICONIX WATERWORKS INC 266793 4/2/2025 4,027.80 079766 IGHANI, MEHRNAZ 266794 4/2/2025 130.00 076828 INSTRUMENT TECHNOLOGIES INC 266795 4/2/2025 385.00 014940 INTERSTATE BATTERY SYSTEMS 266796 4/2/2025 248.88 069366 ISSAQUAH HONDA KUBOTA 266797 4/2/2025 273.88 079227 JAMTOWN LLC 266798 4/2/2025 255.15 066489 KENT D BRUCE CO LLC 266799 4/2/2025 262.00 074184 KRESTEL, LES 266800 4/2/2025 125.00 075149 LIM, VANNARA 266801 4/2/2025 130.00 075746 MCMURRAY, LAURA 266802 4/2/2025 299.40 020900 MILLERS EQUIP & RENT ALL INC 266803 4/2/2025 1,387.47 068662 MINNIHAN, TERRY 266804 4/2/2025 2,336.40 vi a� s E w 0 �a 0 a a Q Page: 1 Packet Pg. 81 apPosPay Positive Pay Listing 4/2/2025 10:03:21AM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 076895 MOREHEAD, LOUISE 266805 4/2/2025 130.00 018950 NAPA AUTO PARTS 266806 4/2/2025 26.07 067834 NATIONAL CONSTRUCTION RENTALS 266807 4/2/2025 232.05 070855 NAVIA BENEFIT SOLUTIONS 266808 4/2/2025 332.20 074866 NORTHWEST PLAYGROUND EQUIPMENT 266809 4/2/2025 856.93 072739 O'REILLYAUTO PARTS 266812 4/2/2025 344.36 076902 OCCUPATIONAL HEALTH CTR OF WA 266810 4/2/2025 384.00 063750 ORCA PACIFIC INC 266811 4/2/2025 2,123.38 027060 PACIFIC TOPSOILS INC 266813 4/2/2025 1,319.50 065051 PARAMETRIX INC 266814 4/2/2025 9,822.50 028860 PLATT ELECTRIC SUPPLY 266815 4/2/2025 7,599.97 079020 PRECISION LANGUAGE SERVICES 266816 4/2/2025 780.00 046900 PUGET SOUND ENERGY 266817 4/2/2025 21,172.86 064769 ROMAINE ELECTRIC 266818 4/2/2025 256.95 079607 ROMERO, STACEY F 266819 4/2/2025 260.00 066964 SEATTLE AUTOMOTIVE DIST INC 266820 4/2/2025 242.83 066918 SEDOR, NORMAN 266821 4/2/2025 7,000.00 063306 SHERWIN-WILLIAMS 266822 4/2/2025 42.70 071655 SHI INTERNATIONAL CORP 266823 4/2/2025 4.19 075543 SNO CO PUBLIC DEFENDER ASSOC 266824 4/2/2025 276.00 037375 SNO CO PUD NO 1 266825 4/2/2025 30,079.72 063941 SNO CO SHERIFFS OFFICE 266826 4/2/2025 53,789.56 063941 SNO CO SHERIFFS OFFICE 266827 4/2/2025 1,900.00 037303 SO SNOHOMISH CO FIRE & RESCUE 266828 4/2/2025 999,063.42 038410 SOUND SAFETY PRODUCTS 266829 4/2/2025 278.02 079383 SOUTHERN CARLSON INC 266830 4/2/2025 24.18 074797 SUPER CHARGE MARKETING LLC 266831 4/2/2025 750.00 040917 TACOMA SCREW PRODUCTS INC 266832 4/2/2025 194.43 063939 TYLER TECHNOLOGIES INC 266833 4/2/2025 1,600.00 079567 URBAN FORESTRY SERVICES 266834 4/2/2025 12,870.00 067865 VERIZON WIRELESS 266835 4/2/2025 13,972.31 069751 VESTIS 266836 4/2/2025 339.15 045912 WASPC 266837 4/2/2025 75.00 065568 WATER SERVICES NW INC 266838 4/2/2025 121.49 078389 ZENNER USA 266839 4/2/2025 7,775.68 011900 ZIPLY FIBER 266840 4/2/2025 1,815.69 GrandTotal: 1,679,081.95 Total count: 89 vi a� s E v w 0 �a 0 a a Q Page: 2 Packet Pg. 82 8.8 City Council Agenda Item Meeting Date: 04/8/2025 Approval of payroll and benefit checks, direct deposit and wire payments. Staff Lead: Lori Palmer Department: Administrative Services Preparer: Lori Palmer Background/History Approval of direct deposit for $880,823.43, benefit checks #66205 through #66210 and wire payments of $789,937.94 for the pay period of March 16, 2025 through March 31, 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: 03-16-2025 to 03-31-2025 benefit checks summary 03-16-2025 to 03-31-2025 payroll earnings summary Packet Pg. 83 8.8.a Benefit Checks Summary Report City of Edmonds Pay Period: 1,177 - 03/16/2025 to 03/31/2025 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 66205 04/04/2025 bpas BPAS 13,124.53 0.00 66206 04/04/2025 icma MISSIONSQUARE PLAN SERVICES 5,957.51 0.00 66207 04/04/2025 flex NAVIA BENEFIT SOLUTIONS 6,626.40 0.00 66208 04/04/2025 tx TEXAS CHILD SUPPORT SDU 166.50 0.00 66209 04/04/2025 rwt WASHINGTON TEAMSTERS 284.55 0.00 66210 04/04/2025 afscme WSCCCE, AFSCME AFL-CIO 2,963.70 0.00 29,123.19 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 3818 04/04/2025 pens DEPT OF RETIREMENT SYSTEMS 362,883.27 0.00 3820 04/04/2025 aflac AFLAC 3,252.10 0.00 3823 04/04/2025 us US BANK 183,895.79 0.00 3824 04/04/2025 mebt WTRISC FBO #N3177B1 159,551.15 0.00 3825 04/04/2025 pb NATIONWIDE RETIREMENT SOLUTION 7,990.93 0.00 3826 04/04/2025 wadc WASHINGTON STATE TREASURER 42,151.51 0.00 3827 04/04/2025 oe OFFICE OF SUPPORT ENFORCEMENT 1,090.00 0.00 760,814.75 0.00 Grand Totals: 789,937.94 0.00 4/2/2025 Packet Pg. 84 8.8.b Payroll Earnings Summary Report City of Edmonds Pay Period: 1,177 (03/16/2025 to 03/31/2025) vi Hour Type Hour Class Description Hours Amount 111 ABSENT NO PAY LEAVE 132.00 0.00 112 ABSENT NO PAY NON HIRED 48.00 0.00 113 ABSENT Unpaid ADA hours 88.00 0.00 121 SICK SICK LEAVE 926.25 49,763.24 122 VACATION VACATION 876.25 47,590.75 123 HOLIDAY HOLIDAY HOURS 79.25 4,399.19 124 HOLIDAY FLOATER HOLIDAY 116.75 5,922.39 125 COMP HOURS COMPENSATORY TIME 194.75 10,634.55 128 HOLIDAY Holiday Bank WWTP 9.00 396.48 131 MILITARY MILITARY LEAVE 58.00 3,059.88 141 BEREAVEMENT BEREAVEMENT 24.00 1,059.75 150 REGULAR HOURS Kelly Day Used 144.00 7,998.62 152 COMP HOURS COMPTIME BUY BACK 93.75 5,207.85 153 HOLIDAY HOLIDAY BUY BACK 5.00 218.28 155 COMP HOURS COMPTIME AUTO PAY 49.50 3,782.52 157 SICK SICK LEAVE PAYOFF 774.89 52,368.83 158 VACATION VACATION PAYOFF 544.90 37,086.44 160 VACATION MANAGEMENT LEAVE 164.00 12,778.71 170 REGULAR HOURS COUNCIL BASE PAY 700.00 12,294.24 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 351.26 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICAL 0.00 6,061.32 190 REGULAR HOURS REGULAR HOURS 17,435.75 953,984.31 191 REGULAR HOURS FIRE PENSION PAYMENTS 2.00 3,517.17 194 SICK Emerqency Sick Leave 15.00 701.85 210 OVERTIME HOURS OVERTIME -STRAIGHT 7.00 341.05 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 3,373.82 216 MISCELLANEOUS STANDBY TREATMENT PLANT 5.00 714.63 220 OVERTIME HOURS OVERTIME 1.5 198.50 19,509.82 225 OVERTIME HOURS OVERTIME -DOUBLE 32.00 3,391.36 400 MISCELLANEOUS MISC PAY 0.00 -141.97 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 1,473.38 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 2,286.28 602 COMP HOURS ACCRUED COMP 1.0 60.00 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 110.75 0.00 04/02/2025 Packet Pg. 85 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,177 (0311612025 to 03/31/2025) v> Hour Type Hour Class Description Hours Amount 606 COMP HOURS ACCRUED COMP 2.0 3.00 0.00 609 COMP HOURS Commander Standy Accrual 10.00 0.00 901 SICK ACCRUED SICK LEAVE 39.75 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 256.55 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 228.46 anc REGULAR HOURS Ancilary Duty Pay 0.00 279.01 anc2 REGULAR HOURS Ancilary Duty Pay 0.00 1,556.86 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 1,060.62 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 890.94 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 11,996.21 fd1 REGULAR HOURS Furlouqh Day Non -Represented 224.00 15,242.39 fmis SICK FAMILY MEDICAL/SICK 68.25 2,554.07 fmly VACATION Family Medical Leave Vacation 41.00 4,008.31 k9 MISCELLANEOUS K-9 Assiqnment 0.00 440.68 Ian MISCELLANEOUS LANGUAGE PAY 0.00 750.00 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 1,459.10 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 1,192.91 Iq5 LONGEVITY Longevity 3% 0.00 4,413.08 Iq6 LONGEVITY Longevity .5% 0.00 0.00 Iq7 LONGEVITY Longevity 1.5% 0.00 920.97 pfmh HOLIDAY Paid Family Medical Holiday -8.25 -308.73 pfmp ABSENT Paid Family Medical Unpaid/Sup 123.50 0.00 pfms SICK Paid FAMILY MEDICAL/SICK 22.50 1,410.75 04/02/2025 Packet Pg. 86 Payroll Earnings Summary Report City of Edmonds Pay Period: 1,177 (0311612025 to 03/31/2025) Hour Type Hour Class Description Hours Amount pfmv VACATION Paid Family Medical Vacation 33.00 1,611.75 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 3,644.97 str MISCELLANEOUS PSET Serqeant 0.00 255.80 tac MISCELLANEOUS TAC Officer 0.00 225.72 to MISCELLANEOUS Traininq Officer 0.00 214.96 traf MISCELLANEOUS Traffic Officer - Car 0.00 462.12 vap VACATION Vacation Premium 16.00 976.52 23,515.04 $1,317,903.27 Total Net Pay: $880,823.43 8.8.b v> Y V d t w m a� c� 0 L �a a 0 0 L a a Q ca E E 3 N 8� _ L O L Q Lf> N O N M M O O LO N O N <D T- A O _ N E t V R Q 04/02/2025 Packet Pg. 87 8.9 City Council Agenda Item Meeting Date: 04/8/2025 Summer Market, Edmonds SpringFest, Edmonds Arts Festival Special Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The City Council authorizes Event Agreements each year on behalf the City of Edmonds. All contracts presented in this memo were approved in 2024 and each of these special events took place on their traditional calendar dates. The Special Event Contracts under discussion are for large events that include street/right of way closures, expect to increase tourism and have significant positive economic impacts to the City. The remaining 4th of July, Porchfest, Edmonds Block Party (formerly Taste Edmonds), Classic Car Show and Oktoberfest event agreements are scheduled for review and approval by Council later this year. Staff Recommendation Staff recommends Council approve the Event Agreements via Consent as proposed authorizing the Mayor to execute the contract agreements. The contracts include formal agreements between the City of Edmonds and the Edmonds -South Snohomish County Historical Society for the Summer Market; the Urban Craft Uprising for Edmonds SpringFest and the Arts Festival Association for the Edmonds Arts Festival. Narrative Each Event Agreement is quite similar to previous years. All event producers are required to follow festival guidelines set forth by the State of Washington, the Snohomish County Health Department and South County Fire at the time of the event. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Human Services, Risk Management (HR), Development Services, and Economic Development Departments) and approved as to form by the City Attorney. New this year, events will be charged for city resources required for support and implementation of their event. As stated in City Code ECC 1.100.900, the city intends to only charge actual expenses for time and materials. Deviations from actual expenses require the Mayor's approval. Each of these agreements include an estimate for city staff time which is paid in advance of the event. After the event, the actual amount is billed to the organization which may result in additional fees or a refund depending on the difference between estimated and actual city expenses. Estimated staff time is outlined below for each event. Packet Pg. 88 8.9 Summer Market Event Agreement (attached): The Summer Market takes place every Saturday from May 3 - October 18, 2025 and is run by the Edmonds -South Snohomish County Historical Society. In 2025, the Market will operate one additional Saturday in October. The city will continue to have one 10 x 10 booth space on the first Saturday of each month to promote City business. Each of these events are free and open to the public and an alcohol Permit is not required. Labor estimate for the entire market season: 6 hours Street Division. SpringFest Event Agreement (attached): This event is produced by Urban Craft Uprising and is held on the Saturday before Mother's Day (May 10, 2025) on the Frances Anderson Center playfield. The event features numerous craft booths. Eighth Avenue is limited to local access only between Main Street and Dayton Street to allow for food trucks to park on the west side of the street and provide food service. This event is free and open to the public and an Alcohol Permit is not required. Labor estimate: 4 hours Streets / Water Division; 4 hours Parks Division. Edmonds Arts Festival Event Agreement (attached): The 2025 Edmonds Arts Festival, hosted by the Arts Festival Foundation, takes place on Father's Day weekend (June 13, 14 & 15) as is tradition. This event has grown from a small community art fair to one of the most prestigious in the Pacific Northwest, attracting artists from across the nation and Canada. This event is free and open to the public. The festival does have a small wine/beer garden and resulting alcohol permits are required. The festival utilizes 8th Avenue between Dayton and Main Streets, the Frances Anderson Center building, playfield and band shell as well as the Plaza west of the FAC building and Plaza Room above the library. This year the Festival does not utilize the third floor of the Anderson Center but does have additional classroom space in the lower levels. Labor estimate: 4 hours Streets / Water Division; 4 hours Parks Division. Attachments: 2025 Summer Market Contract FINAL 2025 Spring Fest Event Agreement FINAL 2025 Contract Edmonds Arts Festival FINAL Packet Pg. 89 8.9.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY Event Dates — May 3-October 18, 2025 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the "Historical Society") (collectively, the "Parties"). WHEREAS, the Edmonds -South Snohomish County Historical Society has operated in the past a summer market ("Summer Market") to provide a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small businesspersons and their products; and WHEREAS, the Parties, vendors, patrons and businesses located along 5th Avenue between Main and Bell Streets are supportive of continuing the Summer Market to commence the first Saturday in May and conclude the third Saturday in October; and WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, the Summer Market promotes tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the Summer Market provides an important opportunity for local farmers to provide fresh food to the community; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: Responsibilities of the City (some Historical Society responsibilities included). 1.1 Summer Market (May 3 through October 18): The City will provide use of the right of way on Bell Street between 5th and 6th Avenues and on 5th Avenue between Main Street and the Southern edge of the South parking lot entrance to the Public Safety parking lot as outlined in Attachment A for farmer/producer-based vendors each Saturday. 1.2 The City will allow vendor parking on the south, east and west sides of the police parking lot each Saturday for the Summer Market, as well as in the parking area under the City Hall building. Packet Pg. 90 8.9.a 1.3 All use and configuration of tents and other temporary facilities used in the Summer Market will be inspected and reviewed prior to the event by the Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open -Air Market Ordinance and the "Outdoor Assembly Events" checklist set forth in Attachment B, attached hereto and incorporated herein by this reference. Tarps, tents, canopies and covers will be tested and labeled for fire resistance. The Historical Society will ensure that all participants adhere to all provisions of State and local law to ensure that no lasting or permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. 1.4 The City will place ten (10) barricades and one (1) "Local Access Only" sign behind the Museum prior to May 1 for the duration of the Summer Market. 1.5 The City will place rope and signage around the Holiday Tree requesting people not to enter the landscaped area. 1.6 The City will install appropriate "No Parking on Saturdays" signage on 5th Avenue North between Main and Bell Streets and on Bell Street between 5th Avenue North and 6th Avenue by April 25, 2025. Signage will include four (4) portable A frame "No Parking on Saturdays" signs to be placed on the north and south sides of Bell Street and the east side of 5th avenue between Bell and the Public Safety parking lot for the duration of the Summer Market. 1.7 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items to strongly encourage their use. The City will provide signage for the on -site collection containers, and any on -site collection containers for trash, recycling and composting. The City will also supply appropriate bags for each collection container and will bill the Historical Society for collection bags required at the Summer Market. The Historical Society will be responsible for transporting any items deposited in these containers to the City's collection site located along the south wall of Fire Station 17. 1.8 The City will supply a key to allow the Historical Society to unlock the public restrooms adjacent to the market at 6:00 a.m. A City employee will perform routine maintenance in the restrooms mid -day. The City will maintain responsibility for locking the restrooms in the evening. The City will supply a contact number for issues related to the restroom. 2. Responsibilities of the Historical Society (some City responsibilities included). 2.1 2025 Summer Market season: May 3 through October 18. 2.2 Set up hours begin at 6:00 a.m. on Saturdays on 5th Avenue and 6:30 a.m. on Saturdays on Bell Street. 2 Packet Pg. 91 8.9.a 2.3 During the Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking will not be allowed in this area. Violators may be towed at their own expense. 2.4 For the Summer Market, parking restrictions will be posted indicating violators will be towed. The Police Department will attempt to notify owners. If not located by 6:30 a.m., the police will proceed to have violating vehicles towed. 2.5 The Summer Market will make available to the City one 10 x 10 Vendor booth location on the first Saturday of each month for promotion of City related activities. 2.6 For the Summer Market, street barricades must be in place at 6:30 a.m. on Saturday and removed by 4:00 p.m. The Historical Society will ensure that Sound Disposal will have adequate access to the alley next to the Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue from Main Street and access the alley by 8:00 a.m. at the latest. 2.7 The Historical Society will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on the Historical Society's General Liability insurance policy using ISO Additional Insured - Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that the Historical Society's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of the Historical Society's insurance and shall not contribute with it. The Historical Society will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. 2.8 The Historical Society agrees that the Summer Market is a public event. The Historical Society further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society will permit citizens attending events open to the general public at a City -Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. Packet Pg. 92 8.9.a 2.9 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will strongly encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.10 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Historical Society will place clearly marked, City -supplied recycling, compost and waste containers throughout the Summer Market event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Historical Society will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.11, below). 2.11 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of noncompostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at the Summer Market will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. The Historical Society will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Historical Society will ensure that on -site collection containers are serviced properly and continually during the Summer Market. The Historical Society representative will meet with the City's Recycling Coordinator or representative prior to April 25, 2025, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.12 The Historical Society will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Historical Society's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Historical Society of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.13 Neither the Historical Society nor any of its officers, agents, or employees will discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.14 The Parties acknowledge that pursuant to Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Summer Market or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is 4 Packet Pg. 93 8.9.a not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the events described in this Agreement. 2.15 Historical Society agrees to the following Market days: Summer Market: Saturdays, May 3 through October 18, 2025 Historical Society agrees to the following Market hours of operation: Set up: 6:00 a.m. - 9:00 a.m. (6:00 a.m. start on 5th Avenue; 6:30 a.m. start on Bell Street) Open: 9:00 a.m. - 2:00 p.m. Takedown: 2:00 p.m. - 3:30 p.m. 2.16 The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Historical Society or the participants in the Summer Market. 2.17 The Historical Society will provide fire watch for all times in and around the booths and displays open to the general public as part of the Summer Market. 2.18 The Historical Society will provide a portable Sani-Can at 537 Bell Street for the duration of the Summer Market season. 2.19 The Historical Society will commit to being good stewards of the Veterans Plaza, including but not limited to monitoring and removal of garbage from the garbage can located in Veterans Plaza two (2) times per day and monitoring and prompt cleanup of any and all spills. 2.20 Individual vendors are responsible for packing out all of their own garbage. The Historical Society may deposit up to sixteen (16) thirty-three (33) gallon bags of garbage generated in their area in the dumpster located in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.21 The Historical Society will arrange for and pay for a recycling container from Sound Disposal. The container will be stored and serviced in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.22 Upon the completion of the event, the Historical Society will make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement, including but not limited to removal of any grease stains as a result of the event. 2.23 The Historical Society will pay the City all permit fees, in accordance with the provisions of Chapters 4.90 and 4.100 ECC, for the above -mentioned facilities use and s Packet Pg. 94 8.9.a services at least ten (10) days prior to the event. This Agreement will serve as the special event permit application required under ECC 4.100.040. A statement of the estimated costs of City resources to be provided for the event, to include the deployment of "No Parking" signs and placement and removal of street barricades, will be provided upon approval of the Special Event permit. The actual costs of these resources will be determined after the event at which time the City will either refund the difference or invoice the Historical Society for the additional costs due pursuant to ECC 4.100.090. 2.24 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.25 No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Historical Society. It is not allowed to fasten anything to the buildings, structures or trees, and doing so may result in damage cost recovery and/or fine. 3. Miscellaneous. 3.1 Entire Agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Historical Society will be deemed to be the same of the City for any purpose. The Historical Society alone will be solely responsible 6 Packet Pg. 95 8.9.a for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Historical Society in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish County Health District, and the City. It is in the interests of the Parties that the health and safety of event attendees and the general public is protected. It is the Historical Society's responsibility to ensure that all of its representatives and all participants in the events comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Historical Society of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the Historical Society breaches any of its obligations under this Agreement and fails to cure the same within five (5) days' written notice to do so by the City, the City may terminate this Agreement. DATED this day of CITY OF EDMONDS: Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2025. EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: Barb Fahey, Board Chair Packet Pg. 96 8.9.a Attachment A vo os tv�z5 Sa'¢d5 � t \A�� COPS j j and Qz5 £ y'►5 Sa�edS j� t ol 9 Avs � s CD of �• n I aW ,� -- - S CD rt j N Z O 0 N O_ = O S rF s N W M D (D (DS— I rD S m G (D O) -O O W N '6 N m M � o 0 O� v 5 ro 0 G) 7. vi O O 0 A G =- Cf O 7 o N n S N ut O 7 � N o Q 90 3 Gl, (D O OC rw v Q N 7C _� 7 C 3 OC N 0 = h S a O_ fD N N � y � O O �• � � n W oa O G 3 _= C Q 0 M s p n ro u Q Il W 1 O 2 C (DvCi 0 p n o o O M 0 O W H O m D s D 7 s rD M M rD ID v m v 7 J (+ 7 C (D (D CQ , .f O' 7 (D n O O S QO N (D G J1 N N S S O o p N 0 N V1 z S � s S N N N D 8 Packet Pg. 97 Attachment B 8.9.a REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. ❑ Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) Packet Pg. 98 8.9.a ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 99 8.9.a I %CCPR" CERTIFICATE OF LIABILITY INSURANCE DATE( 02/12/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tt the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thi certificate holder in lieu of such endorsement(s). PRODUCER CO:NTACT Larry Spilker ext 203 NAME Pro Insur, Inc dba A/C No Ext : 317-848-9075 aC No): 317-848-9093 E-MAIL Ispilker@campbellrisk.com ADDRESS: Campbell Risk Management 9595 Whitley Drive, Suite 204 Indianapolis, IN 46240 INSURERS AFFORDING COVERAGE NA INSURER A: HANOVER INSURANCE GROUP 22292 Larry Spiker Ext 203 INSURER B : INSURED Edmonds Summer Market PO BOX 52 INSURER C : 118 5th Ave N INSURER D : Edmonds Washington 98020 INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000 CLAIMS -MADE OCCUR X X AAM8392 LHW D481967 05/03/2025 05/03/2026 DAMAGE TO RENTED PREMISES Ea occurrence $ 100, MED EXP (Any one person) $ 5, PERSONAL & ADV INJURY $ 2,000, GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000, X POLICY PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 4,000, $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER I OTH- STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's operation. Blanket additional Insured applies per coverage form 421-2915 06 15. Certificate holdE if any, is hereby an additional insured. CERTIFICATE HOLDER CANCELLATION City of Edmonds 121 5th Ave N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Edmonds, WA 98020 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED DDNREPRESENTATIVE ,Nv C. R 'a+ U) 4) [L N a y O LL.�!.� IyI C Q N r-� 4) Y L N OT )0g )0g )06 )l� i W l3 4) CL U) J a Z_ LL t V L C O V 4) L (C73 G L E E r<n to N O N C d E t,1 lC r a V © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 100 Permit 8.9.a FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczoneC@edmondswa.gov Customer Name Christina Martin - 38864 Customer Type General Public Mailing Address 118 5th Ave N Edmonds, WA 98020 System User Jay Sandstrom Summer Market Booking Summary Permit # R7078 Status Approved Date Feb 20, 2025 12:08 PN Home Phone Number (425) 802-1572 Cell Phone Number (425) 802-1572 Email Address bluecottagejamsCCgmail.com START DATE/TIME END DATE/TIME Sat, May 3, 2025 6:00 AM Sat, Oct 18, 2025 3:30 PM Occurs every Saturday effective 0510312025 until 1011812025 from 6:00 AM to 3:30 PM. Resource level fees Rental Fee $360.00 Discounts $0.00 Subtotal $360.00 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $360.00 Total Payment $0.00 Refunds $0.00 Balance $360.00 1 resource(s) 25 booking(s) Subtotal: $360.00 ATTENDEE AMT W/O TAX $0.00 $360.00 Payment Schedules Original Balance: $360.00 Current Balance: $360.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Apr 5, 2025 $360.00 $0.00 $0.00 $360.00 # R7078 Status Approved Packet Pg. 101 8.9.a x: x: Date: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov Christina Martin Customer ID: 38864 Home Phone Number: (425) 802-1572 Cell Phone Number: (425) 802-1572 Email Address: bluecottagejams@gmail.com # R7078 Status Approved Packet Pg. 102 8.9.b EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND URBAN CRAFT UPRISING Event Date — May 10, 2025 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the URBAN CRAFT UPRISING (hereinafter referred to as the "UCU") (collectively, the "Parties"). WHEREAS, the UCU has conducted a public event known as "Edmonds Spring Fest" (hereinafter referred to as the "Event") in 2018, 2019, 2021, 2022 2023 and 2024; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for enjoyment to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the UCU and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain UCU obligations included). 1.1 The City will provide use of the Frances Anderson Center Playfield ("Playfield") and 8th Avenue between Main Street and Dayton Street (depicted on the Site Map in Exhibit A) (collectively referred to as the "City -Provided Site") so as to allow for the following: 1.1.1 The Event setup will begin on Friday, May 9, 2025 at 2:00 p.m.; street barricades to be in place by Friday, May 9, 2025 at 2:00 p.m. 1.1.2 The Event will run from 10:00 a.m. to 5:00 p.m. on Saturday, May 10, 2025 1.1.3 The Playfield will be used for the craft and food booths. The section of 81h Avenue depicted in Exhibit A will be utilized as an area for food trucks. 1.2 All surfaces listed will remain available to the UCU for Event purposes until Saturday, May 10, 2025 at 10:00 p.m. Final cleanup will take place as set forth in paragraph 2.9, below. 1.3 The City may irrigate the field prior to the event to reduce dust. The Playfield irrigation system will be turned off by 8:00 a.m. on Friday, May 9, 2024. 1.4 The City will provide up to ten (10) picnic tables, to be delivered to the Playfield. The UCU will provide crew members to assist with the moving and placement of the picnic tables. The UCU will be responsible for providing compost, recycle and garbage collection and removal of all trash. 1.5 City will remove the baseball field backstop and place it near the trees on the South side of the field. Packet Pg. 103 8.9.b 1.6 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the requirements of the "Outdoor Assembly Events" checklist set forth in Exhibit B, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Director of the Parks, Recreation and Human Services Department ("Parks & Recreation") or their designees to determine the facilities in use comply with the provisions of Exhibit B and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.7 Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., May 10, 2025, as the Parties will agree, and note all potential problems. Prior to the opening of the Event, the UCU will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.8 Alcohol will not be served at the Event. 1.9 The City will provide safety barriers at the following two (2) locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 (see Site Map in Exhibit A): 1.9.1 81h Avenue at Main Street, to close 8th Avenue 1.9.2 81h Avenue at Dayton Street, to close 8th Avenue 1.10 The City will identify ADA parking stalls and provide official handicapped parking signs 1.11 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits set forth in the ordinances of the City of Edmonds. 1.12 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City, if any, will be mutually determined by the Chief of Police, or designee, and the UCU. 1.13 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. 1.14 The UCU must supply power as needed. The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City Electrician and Parks & Recreation). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the UCU). The UCU is not authorized to fasten anything to the buildings, structures, or trees. Doing so may result in damage cost recovery and/or fine. 1.15 The UCU must have temporary panels and power poles, if applicable, removed by 12:00 noon on Monday May 12 2025. 2. Responsibilities of the UCU. Packet Pg. 104 8.9.b 2.1 The UCU agrees to the following general open hours for the Event: Saturday, May 10, 2025, 10:00 a.m. — 5:00 p.m. 2.2 The UCU will pay the City Four Hundred Fifteen Dollars ($415.00) for the above - mentioned facility no later than April 11, 2025. The UCU will be responsible for costs of City resources provided for the event pursuant to the provisions of ECC 4.100.090. A statement of the estimated costs for City staff time for the deployment of no parking signs, placement and removal of street barricades, potable water access, picnic table delivery, irrigation marking and backstop removal will be provided upon approval of the Special Event permit. The estimated costs for City resources must be paid no later than ten (10) days prior to the event. The actual costs of these resources will be determined after the event at which time the City will either refund the difference or invoice the UCU for additional costs due pursuant to ECC 4.100.090. 2.3 The UCU will submit a cleaning/damage deposit of Five Hundred Dollars ($500.00) to the City prior to April 11, 2025. The deposit will be refunded to the UCU if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.2 The UCU will provide any and all security services necessary during the nighttime hours (nighttime hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the UCU or the participants in the Event. 2.3 The UCU is responsible for contracting with appropriate vendors for power. Further, the UCU will arrange for a walk-through with the City Electrician to obtain approval for the accommodation of power and electricity needs. 2.4 The UCU will provide sufficient portable sani-cans and wash stations. 2.5 The UCU will be responsible for all required City of Edmonds and State of Washington permits. The UCU will submit the fee for the park usage permit provided for by this Agreement. 2.6 The UCU will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.7 Garbage service will be contracted and paid for by the UCU. 2.8 UCU will contact community transit at Construction. Supervisor(acommtrans.org no later than April 10, 2025 to inform them of the closure of 8th avenue and the need to re-route their bus service during the closure. 2.9 The UCU will be responsible for restoring the Playfield to its original condition no later than 12:00 noon, Sunday May 11, 2025. A UCU representative will meet with a member of Parks & Recreation on the afternoon of May 9, 2025, to inspect the facility to document the "original" condition of the Playfield. A final inspection of the Event area will be conducted by the City Parks Maintenance Division to determine if all areas are clean and returned to their original condition to include removal of all garbage and equipment related to the event. Packet Pg. 105 8.9.b 2.10 The UCU will supply no fewer than four (4) sheets of plywood to cover the field entrance on Dayton Street to mitigate potential turf damage from vehicles entering and exiting the site. 2.11 The UCU will operate the Event. Neither the UCU nor any of its officers, agents or employees will discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.12 The Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances, and in outdoor areas where public employees of the City and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The UCU warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.13 The UCU agrees that the Event is a public event. The UCU further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, and gardens, are traditional public forums. As a result, the UCU will permit citizens attending events open to the general public during the Event to exercise therein their protected constitutional right to free speech without interference on City property. 2.14 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the UCU will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles from Event participants, and arrange for recycling services. 2.15 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The UCU will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.16 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The UCU will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The UCU will ensure that on -site collection containers are serviced properly and continually during the event. A UCU representative will meet with the City's Recycling Coordinator or representative prior to April 11, 2025, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.17 The UCU may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. Packet Pg. 106 8.9.b 2.18 The Parks & Recreation Director will provide a temporary exemption to the No Dogs on playfields ordinance and allow dogs to be on leash at the Event. The UCU will ensure dogs do not enter the playground area and will ensure all dog waste is removed from the site. Police will be notified of any aggressive dog behavior. The Parks & Recreation Director retains the right to suspend this temporary exemption at any time. 2.19 All requests for additional services and concerns of the Event will be directed by the UCU to the City's designated representative, the Parks & Recreation Deputy Director, who may be contacted at 425-771-0230. 2.20 The UCU will provide a fire watch for all times the Event is open to the general public. The Fire Marshall or representative will inspect the Playfield with the UCU designated representative prior to the Event opening to the public, and any potential problems will be noted and reported to the City prior to the Fire Marshall's briefing. At 9:00 a.m. on May 10, 2025, the Fire Marshal will brief designated representatives of the UCU of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Frances Anderson Center, as well as inspect for any electrical and fire safety hazards. The UCU and appointed representatives will be the responsible individuals for performing fire prevention and fire watch activities. 2.21 The UCU will insure that: 1) Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload, with adjacent streets used for parking during the Event. The UCU will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 3) Tents are held down with sandbags and not stakes. 2.22 The UCU will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the UCU's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the UCU of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.23 The UCU will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on UCU's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 Packet Pg. 107 8.9.b or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that UCU's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of UCU's insurance and shall not contribute with it. The UCU will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 3. Miscellaneous. 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the UCU will be deemed to be the same of the City for any purpose. The UCU alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The UCU in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish County Health District, and the City. It is the UCU's responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to UCU of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain Packet Pg. 108 8.9.b areas, if in the opinion of the Parks & Recreation Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the UCU breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so from the City, the City may terminate this Agreement. DATED this day of 2025. CITY OF EDMONDS: URBAN CRAFT UPRISING: Mike Rosen, Mayor ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Lindsey Ross, Owner Packet Pg. 109 8.9.b EXHIBIT A: SITE MAP M CD !� \ CD a `C q'g �0 ❑ CCD � n n 0 0F7- CD = � CO X •� cn O S CD FD Z < i CD ♦> m o 3a J k-49 - CCL CD J � r ENTRANCE O a O ..� O i.s 0) �.90 o o ; o Q a_D N ..� �Q o � n N CD Packet Pg. 110 Exhibit B 8.9.b REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. ❑ Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) Packet Pg. 111 8.9.b ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 112 8.9.b 1 ® DATE (MMIDDNY" ACORO CERTIFICATE OF LIABILITY INSURANCE ;22/202s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Paul Thompson Thompson Insurance Agency PHONE (206) 789-4663 FAx N . (888) 828 4560 2400 NW 80th St, PMB 619 E4"1L paul@paulthompsonagency.com Seattle, WA 98117 ,ue„oco,c, wccnomun rnvcwar.F NAIC INSURED Urban Craft Uprising LLP 4821 N 9th St Tacoma. WA 98406 INSURER A: Mesa Underwriters Specialty Insurance Company APVICInhI NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE GENERAL LIABILITY X cOMMERCtAL GENERAL LIABILITY CLAIMS -MADE [A OCCUR ADDLSUBR X POLICY NUMBER MP0046006022086 POLICY EFF MMIDD 2/6/2025 POLICY EXP MWDD/YYYY 2/612026 LIMITS EACH OCCURRENCE S 1,000,000 DAMAGE TO RENIFD PR W a n a S 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s INCLUDED COMBINED SINGLE LIMIT (Ea accident $ S PRCO. LOC X PPOLICYY AUTOMOBILE LIABILITY BODILY INJURY (Per person) $ ANY AUTO ALLOWNED SCHEDULED BODILY INJURY (Per aoddenl) $ AUTOS AUTOS NOWOWNED HIRED AUTOS AUTOS PROPERTY DAMAGE IP raced nt $ S UMBRELLALUIB EACH OCCURRENCE S HOCCUR AGGREGATE S EXCESS LIAR CLAIMS -MADE DED RETENTIONS WORKERS COMPENSATION O4V T MTIIT' o R S M P0046006022086 2/6/2025 2/6/2026 E L EACH ACCIDENT S 1,000,000 A, AND EMPLOYERS' LIABI ITY ANY PROPRIETORPARTNEWEXECUTIVE OFFICER'MEMBEREXCLUDED? a (Mandatory In NH) II yes. desaibe under DESCRIPTION OF OPERATIONS oclow NIA E.LDISEASE- EAEMPLOYE $ 1•00e•ODO E L DISEASE • POLICY LIMIT S 1-000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, IF more space is required) Certificate holder is included as an additional insured. GtK I IriL A I City of Edmonds 121 5th Ave N. Edmonds, WA 98020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORKZED REPRESENTATIVE W-I%100-LU 111 MVVr[U �WIIAVvrv+r ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Packet Pg. 113 Permit FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczone@edmondswa.gov Customer Name Lindsey Ross -14534 Customer Type General Public Mailing Address Urban Craft Uprising 4207 SE Woodstock Blvd. #381 Portland, OR 97206 System User Todd Cort Spring Fest 25 Booking Summary 8.9.b Permit # R6324 Status Approved Date May 15, 202411:13 AM Home Phone Number (503) 488-6022 Email Address IindseyC@urbancraftuprising.com Rental Fee $895.00 Discounts $0.00 Subtotal $895.00 Deposits $500.00 Deposit Discounts $0.00 Total Permit Fee $1,395.00 Total Payment $0.00 Refunds $0.00 Balance $1,395.00 3 resource(s) 6 booking(s) Subtotal: $1,395.00 J Q START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Z M Fri, May 9, 2025 2:00 PM Fri, May 9, 2025 9:00 PM 1 $0.00 " C N Sat, May 10, 2025 6:00 AM Sat, May 10, 2025 9:00 PM 1 $0.00 N N Resource level fees $1,395.00 a1 Q Damage Deposit $500.00 / Each x 1 $500.00 w = City Resource Fee - Street $240.00 / Each x 1 $240.00 N LU Field Rental - R $415.00 / Each x 1 $415.00 N ILL Park Maintenance Fee $240.00 / Each x 1 $240.00 0) C C CL START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX U) LO N Fri, May 9, 2025 2:00 PM Fri, May 9, 2025 9:00 PM 1 $0.00 N Sat, May 10, 2025 6:00 AM Sat, May 10, 2025 9:00 PM 1 $0.00 w E D. s t) START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX r Q Fri, May 9, 2025 2:00 PM Fri, May 9, 2025 9:00 PM 1 $0.00 Sat, May 10, 2025 6:00 AM Sat, May 10, 2025 9:00 PM 1 $0.00 # R6324 Status Approved Packet Pg. 114 Deposit EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE Spring Fest FAC - Damage $500.00 $0.00 $0.00 $0.00 $500.00 25 Amphitheatre Deposit Payment Schedules Original Balance: $1,395.00 Current Balance: $1,395.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Feb 25, 2025 $240.00 $0.00 $0.00 $240.00 M> May 9, 2025 $1,155.00 $0.00 $0.00 w rn $1,155.00 Li N Q to N X: X: c Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov Date: Lindsey Ross Customer ID: 14534 Home Phone Number: (503) 488-6022 Email Address: IindseyC@urbancraftuprising.com J Q Z C N E N N C1 Q w C N W N 0 LL C C Q U) LO N O N w C N E t V r r Q # R6324 Status Approved Packet Pg. 115 8.9.c EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "Festival Association") (collectively, the "Parties"). WHEREAS, the Festival Association has for many years sponsored a public event known as the Edmonds Arts Festival, which provides educational and artistic benefits to the citizens of Edmonds; and WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds' artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival Association by the City are more than adequately recompensed by the compensation provided by the Festival Association and from the public benefits received by the citizens of the City; NOW, THEREFORE, in consideration of the promises, covenants, conditions, and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Festival Association obligations included). 1.1 The City will provide the following spaces at the Frances Anderson Center to the Festival Association: June 5 at 8:00 am to June 17 at 5:00 pm Rooms 112, 114, 115, 123, 206, 207, 208, and 209 for nonpublic use. Under no circumstances will the Festival Association have access to the Sculptors Workshop Rooms 210 & 211. June 5 at 8:00 am to June 16 at 5:00 pm Gymnasium The Festival Association will cover the gym floor to prevent damage. June 11 at 8:00 am to June 17 at Noon Playfield and amphitheater The Frances Anderson Center playfield ("Playfield") will be used for Artwork Booths. The City may irrigate the Playfield prior to the Festival to reduce dust. The Playfield irrigation system will be turned off by 8:00 am on June 10, 2025. The Festival Association agrees to cover the baseball infield dirt only. Packet Pg. 116 8.9.c The courtyard area adjacent to the Frances Anderson building (West of the amphitheater, south of the gymnasium, east of the building) may be used for a food concession area. The City will provide up to fifteen (15) picnic tables and up to fifteen (15) garbage cans to the Frances Anderson Center field. The Festival Association will provide crew members to assist with the moving and placement of picnic tables and garbage cans. The Festival Association will be responsible for providing a dumpster for trash and grease traps for wastewater disposal. The Festival Association will provide the City with a list of supplies for use both inside the building and the Playfield (trash can liners, paper towels, etc.) which the City will order. The Festival Association will pay the invoices for all supplies in a timely fashion. 1.2 The City will provide the following spaces at the Edmonds Library Plaza to the Festival Association to be used for special functions: June 9 at 8:00 am to June 16 at 5:00 pm. Plaza Room June 9 at 8:00 am to June 16 at 5:00 pm. Plaza Patio 1.3 All of the rooms identified herein will be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that will be located therein. The City will make its best efforts to limit foot traffic not related to the Festival Association. 1.4 The City will check out two (2) sets of the required keys plus three (3) additional room keys to the Festival Association President, or designee, who will be responsible for security of all Festival Association displays and supplies. 1.5 The City will provide potable water access in two locations. First, attached to the Frances Anderson Center exterior behind the bandshell and the second near the corner of 81h and Main St. 1.6 The City will mark all irrigation lines on the playfield. 1.7 Eighth Avenue will be closed between Main Street and Dayton Street for an additional food concession area and eating tables from June 12 at 8:00 am until June 16 at 12:00 noon. The City will provide and install safety barriers at both ends of the closed street. The Festival Association will ensure that these safety barriers are kept in place for the duration of the event, see Exhibit A. 1.8 Except as provided below, the City grants the Festival Association the exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 10 through June 16; provided, however, that the Festival Association will provide nine (9) parking permits and marked stalls for Library staff/patrons, which include three (3) handicapped parking stalls. The Dayton Street book drop and the Library Packet Pg. 117 8.9.c receiving area must remain open at all times. The City will provide official handicapped parking signs as identified in Exhibit A. One (1) load/unload space each will be marked on Dayton and Main Street. 1.9 The City will provide one (1) 200-amp panel of electrical service; the Festival Association must supply any additional power. A Festival Association representative and a City Public Works representative will meet prior to June 1, 2025, to draw up an interior and exterior electrical plan. The Festival Association is responsible for notifying the Snohomish County PUD of hookups and scheduling inspection of temporary panels (including any necessary permits). The City will provide the City Electrician on an "on - call" basis, and is subject to reimbursement from the Festival Association for time and materials, minimum 4-hour overtime callback. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and City Parks and Recreation Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Festival Association. It is not allowed to fasten anything to the buildings, structures, or trees. Doing so may result in damage cost recovery and/or fine. 1.10 The Festival Association must have temporary panels and power poles removed by 12:00 noon on June 18, 2025. 1.11 The City will supply a list of acceptable compostable and recyclable foodware items and of suppliers for the compostable items. The City will provide signage for the on - site collection containers and any additional containers, if needed. 1.12 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits set forth in the ordinances of the City of Edmonds. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and will not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, the Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Festival Association warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health Department in assuring compliance during the event described in this Agreement. Packet Pg. 118 8.9.c 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association will permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. 2.4 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Festival Association will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.5 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Festival Association will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.6 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non- compostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The Festival Association will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Festival Association will ensure that on -site collection containers are serviced properly and continually during the event. A Festival Association representative will meet with the City's Recycling Coordinator or representative prior to June 12, 2024, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.7 Displays and artworks will not be hung from conduits or sprinkler pipes. Exits and exit signage will not be obstructed except with specific approval of the Fire Marshall or designee. Nothing will be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association will be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes will be used on grassy areas of the Plaza. A Festival Association representative will meet with a member of the City's Parks and Recreation Department prior to June 11, 2025 and on June 17, 2025 to inspect the facility to document the "original" and post event condition of the Anderson Center, the Plaza Rooms, and outside areas. Packet Pg. 119 8.9.c 2.8 The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from June 5 at 8:00 am until June 16. The Festival Association will meet with the City's Lead Custodian to review cleaning expectations prior to event. In the event of a call -out during the event, the Festival Association will reimburse the City for time and materials, at a minimum rate of 4-hour overtime callback. 2.9 The Festival Association will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 2.10 The Festival Association will ensure City clients have access to the weight room (200A) for drop -in use up until 1:00 pm, Wednesday, June 11, 2025, and starting again at 8:30 am, Tuesday, June 17, 2025. The clients will use the alternate Main Street entrance (no access through the gym). The City will secure the hallway between the gymnasium and the weight room by 12:00 noon, Monday, June 9, 2025. The hallway must be opened by 2:00 pm, June 12, 2025 and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.11 Permits: The Festival Association will be responsible for all required city and state permits. All permits will be arranged through a designated representative of the City. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the State of Washington. 2.12 Clean -UP: The Festival Association will be responsible for clean-up of the festival grounds and indoor spaces as follows: 1) Restore all areas to their original condition. 2) Pick up all trash and remove all items and equipment related to the Edmonds Arts Festival by 12:00 noon, June 17, 2025 (including grounds and buildings). 3) Plaza room carpet will be professionally cleaned so that it is dry and ready for use by 8:30 am on Tuesday, June 17, 2025. 4) Carpet/rugs, hard floor surfaces, and stairs will be professionally cleaned, and otherwise restored to their original condition (with the exception of the gym) no later than June 17, 2025 at 12:00 noon. 5) Restroom facilities will be professionally cleaned and ready for public use no later than June 16, 2025 at 12:00 noon. 6) Power wash cleaning of the following: a. All paved food concession areas; b. Edmonds Library Plaza patio; and c. All pedestrian walkways/steps around amphitheater, Frances Anderson Center, and Library Plaza area. Packet Pg. 120 8.9.c 7) Wash east -facing windows on the first and second floor of the Frances Anderson Center by 4:00 pm on June 17, 2025. (Care must be taken particularly with the Daycare windows below ground level, which have exhaust fans that are not able to be sealed). 8) Install drain guards on all affected storm drains prior to the beginning of the Festival, and for removing them after clean-up is complete. Drain guards will be provided by the City. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. 9) Disposal of wastewater will be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. 2.13 Fire Watch: The Festival Association will provide a fire watch for all times the buildings and displays are open to the general public. The Fire Marshall or representative will inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 9, 2025 and any potential problems will be noted and reported to the City prior to Fire Marshall's briefing. At 9:00 am on June 13, 2025, the Fire Marshal will brief designated representatives of the Festival Association of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Anderson Center and Edmonds Plaza Room as well as inspect for any electrical and fire safety hazards. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.14 The Festival Association will comply with all South County Fire guidelines, including the "Outdoor Assembly Events" Checklist" set forth in Exhibit B, attached hereto and incorporated herein by this reference, and will additionally insure that: 1) Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Edmonds Arts Festival opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload. Food Court concessions will use the Main Street entrance for loading and unloading. 3) Precaution and measures are taken to prevent water from entering into the interior of the Frances Anderson Center buildings. 2.15 Fees: The Festival Association will pay a fee of $7,520.00 for Anderson Center, under stage storage, Plaza Room and environs to the City for the use and services of the Packet Pg. 121 8.9.c above -mentioned facilities in this Agreement no later than May 12, 2025. The Festival Association will be responsible for the costs of City resources provided for the event pursuant to the provisions of ECC 4.100.090. A statement of the estimated costs for City staff time for the placement and removal of no parking signs, ADA parking signs, road closure barricades, potable water access, irrigation marking, backstop removal and picnic table/garbage can delivery will be provided upon approval of the Special Event permit. The estimated costs for City resources must be paid no later than ten (10) days prior to the event. The actual costs of these resources will be determined after the event at which time the City will either refund the difference or invoice the Festival Association for additional costs due pursuant to ECC 4.100.090. The Festival Association will pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. 2.16 Damage Deposit: The Festival Association will submit a cleaning/damage deposit of $1,000.00 to the City no later than May 12, 2025. The deposit will be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.17 Indemnification: The Festival Association shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Festival Association and the City, its officers, officials, employees, and volunteers, the Festival Association's liability hereunder shall be only to the extent of the Festival Association's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Festival Association's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 2.18 Insurance: The Festival Association will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on the Festival Association's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence ), and $2,000,000 general aggregate. Packet Pg. 122 8.9.c The insurance policy shall contain, or be endorsed to contain, that the Festival Association's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of the Festival Association's insurance and shall not contribute with it. In the event that the Festival Association's employees and/or volunteers provide the service of alcohol at the event, the Festival Association's General Liability insurance will also include host liquor liability coverage. However, if the Festival Association contracts with a third -party vendor or vendors to provide all service of alcohol, the Festival Association will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $1,000,000 per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Festival Association's Certificate of Insurance. The Festival Association will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.19 Notices. All requests for additional services and concerns of the Festival Association will be directed by the Festival Association President to the City's designated representative, Parks Deputy Director, 425-771-0232. 3. Miscellaneous 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to pandemic -related restrictions, fire, flood, strike or other labor difficulty, act of nature, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, Packet Pg. 123 8.9.c the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Festival Association will be deemed to be the same of the City for any purpose. The Festival Association alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Festival Association in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. It is the Festival Association's responsibility to ensure that all of its representatives and all participants in the events comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Festival Association of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the event(s) or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the Festival Association breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so by the City, the City may terminate this Agreement. DATED this day of 2025. CITY OF EDMONDS: EDMONDS ARTS FESTIVAL ASSOCIATION: Mike Rosen, Mayor Tracey Pocius, Arts Festival Co -President ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 124 8.9.c O 0 0 QI 0 0 Exhibit A Parking and Street Closure Map 2 barricades s I } M_ D 2 z o 0 D Packet Pg. 125 8.9.c p �O W V M In A W f j — T Vt C C Vf In l/1 l/1 Vf 0- m O EO EO O O O O-O Z n v a O O Q� 0 0 0 0 0 3 O N N N O O C 7 7 j O T T 0 0 0 o -o o o m ru ru c° m a Q D o o 0 0 n n a V i O Z V m m ENTRANCE o ■ ■ ■ w FF m ao rn o O p 0 o 00 V ' O 00 W N N nJ 14' V N 14' r 14' co Ln 61 W W W W W A J A W N A N _ X N X rn Ol ON A 3 In N X 41 6 to Ul ? In 14 8s I v II N 14' W N A N _ � Ol � O1 � lO `J ON In A W N N O N O N O N O N O IV O N O N O tj N N N O N N W NJN N N N Fi N N N N N N N V N W m fj W In Kj W A N W W N W K, fJ W N W fj N 14' X w w N N X Oai N N X N N X N W N N X P. 0, ko N N W V N A ON N A 11 Ul w (n IV A A N A W N A N N A N A. V w U w A V, W Lrj N N LN ON 0 w 0 A. W 0 w 0 w o W O a W N w N LJ W N A L. IV N W N W 14' 14' W N 14' 14' w w w w w W W w A W A W A N wLn W A lwn (Wn Vi W W A N N N N N N N W In N N n Ww dl A 01 fN w X V W X V W W L X V W W X V O � In V T� N m m Packet Pg. 126 Exhibit B 8.9.c REQUIREMENTS FOR Outdoor Assembly Events The purpose of this handout is to assist the public in complying with requirements for holding Outdoor Assembly Events. It is not a complete list of permit or code requirements and should not be used as a substitute for applicable laws and regulations of the owner/design professional to review the submittal for completeness. Only complete applications will be accepted by the City for review. REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Any street or road that is closed to vehicle traffic via movable barricades shall maintain an obstruction free width of not less than 20 feet for emergency vehicle access. ❑ Any street or road that is closed to vehicle traffic via movable barricades shall require dedicated event staff to standby each barricade to assist emergency services personnel with access. ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) Packet Pg. 127 8.9.c ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 128 Permit 8.9.c FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczoneC@edmondswa.gov Permit # R6423 Status Approved Date Jun 11, 2024 9:43 AM Organization Name Edmonds Arts Festival - 4 Organization Phone 1 (206) 992-3312 Customer Type Organization Number Organization Address P O. Box 212 Edmonds, WA 98020 Agent Name Tracey Pocius Home Phone Number (206) 992-3312 Email Address tpociusC edmondsartsfestival.org System User Todd Cort Rental Fee $8,000.00 Discounts $0.00 Subtotal $8,000.00 Deposits $1,000.00 Deposit Discounts $0.00 Total Permit Fee $9,000.00 Total Payment $0.00 Refunds $0.00 Balance $9,000.00 Arts Festival 25 13 resource(s) 146 booking(s) Subtotal: $9,000.00 Booking Summary START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM •..(Classroom) Mon, Jun 16, 2025 5:00 PM 1 $0.00 START DATE/TIME END DATE/TIME Center: FAC ATTENDEE AMT W/O TAX # R6423 Status Approved Packet Pg. 129 Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 8.9.c $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 > to $0.00 LL N $0.00 Q $0.00 N LL $0.00 •L $0.00 fn w $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM •..(Classroom) Tue, Jun 17, 2025 5:00 PM 1 $0.00 START DATE/TIME END DATE/TIME Center: FAC ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 # R6423 Status Approved Packet Pg. 130 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 8.9.c $0.00 $0.00 $0.00 $0.00 $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 Room 206(Classroom) Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 •..(Classroom) Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX # R6423 Status Approved Packet Pg. 131 Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 8.9.c $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 > to $0.00 LL N $0.00 Q $0.00 N LL $0.00 •L $0.00 fn w $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:00 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 $0.00 Room 209(Classroom) Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Jun 5, 2025 8:00 AM Thu, Jun 5, 2025 8:30 PM 1 $0.00 Fri, Jun 6, 2025 8:00 AM Fri, Jun 6, 2025 8:30 PM 1 $0.00 Sat, Jun 7, 2025 8:00 AM Sat, Jun 7, 2025 8:30 PM 1 $0.00 Sun, Jun 8, 2025 8:00 AM Sun, Jun 8, 2025 8:30 PM 1 $0.00 Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 # R6423 Status Approved Packet Pg. 132 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 8.9.c $0.00 $0.00 $0.00 $0.00 $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Resource level fees $9,000.00 Damage Deposit $1,000.00 / Each x 1 $1,000.00 Park Maintenance Fee $240.00 / Each x 1 $240.00 Rental Fee $7,520.00 / Each x 1 $7,520.00 Street Team Fee EPR Patio $240.00 / Each x 1 $240.00 Center: Edmonds Plaza •.. (Patio) START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Mon, Jun 9, 2025 8:00 AM Mon, Jun 9, 2025 8:30 PM 1 $0.00 Tue, Jun 10, 2025 8:00 AM Tue, Jun 10, 2025 8:30 PM 1 $0.00 Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 Center: FAC (Gazebo) START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 $0.00 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 $0.00 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 $0.00 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 $0.00 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 $0.00 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 $0.00 # R6423 Status Approved Packet Pg. 133 8.9.c Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 START DATE/TIME END DATE/TIME ATTENDEE Wed, Jun 11, 2025 8:00 AM Wed, Jun 11, 2025 8:30 PM 1 Thu, Jun 12, 2025 8:00 AM Thu, Jun 12, 2025 8:30 PM 1 Fri, Jun 13, 2025 8:00 AM Fri, Jun 13, 2025 8:30 PM 1 Sat, Jun 14, 2025 8:00 AM Sat, Jun 14, 2025 8:30 PM 1 Sun, Jun 15, 2025 8:00 AM Sun, Jun 15, 2025 8:30 PM 1 Mon, Jun 16, 2025 8:00 AM Mon, Jun 16, 2025 8:30 PM 1 Tue, Jun 17, 2025 8:00 AM Tue, Jun 17, 2025 8:30 PM 1 Custom Questions AMT W/O TAX $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 QUESTION ANSWER Do you plan on serving alcohol at your event? No I agree to abide by the City of Edmonds Parks rule that no alcohol may be consumed or Please Make Selection served at any City of Edmonds Parks I agree to not arrive before my rental period or stay after my rental period. I understand Please Make Selection that all setup and cleanup must occur during my rental period. I agree to not bring any food trucks, bouncy houses, or amplified music to my picnic Please Make Selection shelter. I agree to return the Picnic Shelter to the conditions I found it, including but not limited Please Make Selection to: clearing tables of debris, emptying charcoal from BBQ stands into the correct receptacles, and taking down all signage that I put up from my rental. I agree to the shelters/gazebo refund policy of 50% refund 30 days before reservation Please Make Selection date and no refund less than 30 days before reservation date. I will not exceed the maximum capacity of the shelter (City Park 100/Hickman Park 50) Please Make Selection Notes: Leave early Deposit EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE Arts Festival Edmonds Damage $1,000.00 $0.00 $0.00 $0.00 $1,000.00 25 Plaza Room Deposit - Banquet Room Payment Schedules Original Balance: $9,000.00 Current Balance: $9,000.00 DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Jun 5, 2025 $9,000.00 $0.00 $0.00 $9,000.00 # R6423 Status Approved Packet Pg. 134 8.9.c x: x: Date: Date: FAC (Frances Anderson Center) Edmonds Arts Festival Mailing Address: 700 Main Street, Edmonds, WA Customer Type: Organization 98020 Customer ID: 36665 Phone Number: (425) 771-0230 Mailing Address: P O. Box 212, Edmonds, WA Fax Number: (425) 771-0253 98020 Email Address: reczone# edmondswa.gov Organization Phone 1 Number: (206) 992-3312 Authorized Agent Name: Tracey Pocius Home Phone Number: (206) 992-3312 Email Address: tpocius@edmondsartsfestival.org # R6423 Status Approved Packet Pg. 135 8.10 City Council Agenda Item Meeting Date: 04/8/2025 Building Controls - Support Agreement with ATS Automation Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History In 1999 and 2000 the City added Direct Digital Controls(DDC) to eight city owned buildings. These controls allow for remote viewing of indoor building conditions and HVAC operations. The remote interface is a web based proprietary interface with the Alerton controls nationwide network, locally franchised with ATS Corporation. Staff Recommendation Approve the acceptance of this proposal to renew the Building Automation Support Agreement with ATS Automation on the Consent Agenda. Narrative ATS Automation is the sole source vendor for Alerton DDC automated building controls in Washington State. The City of Edmonds' HVAC, indoor air quality, and system energy performance is supported by this system. ATS Automation provides general account and network support, functional testing of systems and components, performance analytics, emergency response and system updates as well as support for mechanical contractor work that is not controls related. This system provides the city with remote oversight tools to monitor, program and control building mechanical systems to support daily operations and verification of system operations when deficiencies are detected. ATS is a long term support contractor with the City who offer top customer service and expertise to support continued reliable operation of the city's aging mechanical infrastructure at eight city buildings. Attachments: ATS City Sole Source Justification ATS Sole Sole Source Letter ATS Support Agreement Packet Pg. 136 Docusign Envelope ID: 9C2B8B72-726B-4074-B72E-4A5D05BEA4FB 8.10.a SOLE SOURCE JUSTIFICATION The City of Edmonds Contracting and Purchasing Policies and Procedures allow for sole source procurement when appropriate. A sole source purchase means that a single vendor is uniquely qualified to meet the purchasing/procurement objective and therefore the purchase/procurement is exempt from the bidding process. Date: February 28, 2025 Contract Amount: $134,735.00 Department: Public Works & Utilities Requestor: Phil Williams, Director Description of Purchase/Service: Building automation system hardware and software support and maintenance services Vendor Name: ATS Automation, Inc. Address: 450 Shattuck Ave S City, State, Zip Code: Renton, WA 98033 Phone Number: 425-251-9680 Contact: Name: Building Automation Support Agreement Title: Joe Cales Phone: 206-379-2812 Fax: E-mail: joec@atsinc.org Please check appropriate box ® Research has determined that equipment or service is necessary and available from only one vendor. ❑ Item specifically required by grant or contract provisions. ❑ Government mandated services. ❑ Emergency purchase, repair services or parts replacement. ❑ Only compatible with existing system or equipment. ❑ Other — Please explain 1 Packet Pg. 137 Docusign Envelope ID: 9C2B8B72-726B-4074-B72E-4A5D05BEA4FB 8.10.a EXPLANATION City staff have diligently sourced products and services to provide necessary updates to and support, maintenance, and training for its Alerton Building Management System. The chosen Contractor, ATS Automation, Inc., is uniquely able to provide these products and services because ATS holds the exclusive franchise to sell, install, and service Alerton equipment in all of Washington State within a 150-mile radius of the City. In addition, ATS has experienced, factory -trained personnel on staff as well as access to proprietary products and information that are necessary to effectively support Alerton products. CERTIFICATION: I am aware of the City's requirements for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. As an approved department designee, I have gathered the required information and have made a concerted effort to review comparable/equipment or services. This effort is documented in this justification. I hereby certify as to the validity of the information and feel confident that this justification for sole source, sole brand procurement meets the City's criteria and will withstand an audit of the State Auditor's Office or a vendor protest. Signed Iby: I'hi liams, Director Public Works & Utilities Department City Project/Budget Number: 3/5/2025 Date 2 Packet Pg. 138 8.10.b ALERTON 2-26-2025 Thom Sullivan City of Edmonds Reference: Alerton Sole Source Letter for ATS Automation Inc. SUBJECT: City of Edmonds Thom, I am writing to provide a description of the status of the Alerton dealership in the state of Washington. ATSAutomation, Inc. is the only Alerton dealer directly authorized to sell, install, and service our products throughout the state of Washington with the exception of the following counties near Portland, Oregon: (Wahkiakum, Cowlitz, Clark, Skamania and Klickitat Counties). As the Alerton dealer for Washington, ATSAutomation, Inc. has factory -trained personnel on staff and has access to proprietary products and information that are part of the Alerton Building Management System. This training and the experience ATS Automation, Inc. has with the Alerton product line makes ATS Automation an unparalleled provider of Alerton products and the services that support those products. Please let me know if you have further questions. We appreciate your support. Sincerely yours, Thomas Tierney Alerton Regional Sales Manager — NW, Alaska and Hawaii thomas.tierney@Alerton.com 715 Peachtree St NE, Atlanta, GA 30308 Honeywell Packet Pg. 139 8.10.c City of Edmonds Building Automation System Support Agreement May 1, 2025 through April 30, 2030 Prepared By: Joe Cales Date: Feb. 4, 2025 r c d E m a� L a Q Q Q. V/ Q cu E Q ca E L a 0 a- CL cn cn a E V a Packet Pg. 140 8.10.c About ATS ATS designs, installs, and services building automation systems (BAS) to optimize control schemes for buildings' ' mechanical and electrical systems. This allows owners to reduce their energy consumption and maximize the effects of facilities management personnel. We keep your HVAC system and other building technology systems running effectively while working with you to meet your unique needs. We strive to assist customers in meeting their business objectives through controlling occupants' comfort, energy efficiency, systems operations, and cyber-security. What do we do? ATS can enhance your facility's environment to meet your specific needs. Our knowledge of leading products and cutting - edge technologies will help create solutions that enhance the safety, energy efficiency, and sustainability of your facility. We provide safer, more comfortable, and more efficient building environments through innovative HVAC solutions, building technology solutions, energy services, onsite service, and training. Why a service agreement? A service agreement from ATS augments your staff's current knowledge and protects your equipment investment over the long term. The goals of this service agreement are to maintain your system software and hardware to keep it up to date, support your facility staff with pre -season inspections and maintenance, and to develop a regular maintenance relationship with you to promote automated operation of controls and ensure you get the most from your building systems. ASHRAE guidelines emphasize the importance of routine maintenance to ensure optimal performance, energy efficiency, and occupant comfort within facilities. Support Agreement Goals: The goals of this proposal are. 1. Update and maintain system software and hardware to current revisions. 2. Support facility staff with pre -season inspections/maintenance. 3. Develop a regular maintenance relationship with your staff to promote automated operation of controls and maximum facility up time. 4. Drive building efficiency by leveraging your building management system and ATS' control expertise. 5. Support your long-term asset protection by providing system life cycle management. Packet Pg. 141 8.10.c ATS Customer Support Agreement The following is a comprehensive list of the support services we can perform to maximize the value of your investment in your building automation system (BAS). Following the summary list of support services is a detailed description of each service and which ones are included in your agreement. 1. General Support Agreement Services (Included in all Support Agreements) • Account Manager • Dedicated Service Team • Documentation of all Services Provided • Quality Assurance Program • Control System Database Protection/Disaster Recovery • Technology Updates - BAS Software and Firmware Updates • Troubleshooting and Diagnostics Assistance (Online Service) • Priority Emergency Response • After -Hours Support • Preferred Labor & Material Rates 2. Functional Performance Testing • Control System Analysis • BAS Network Performance Analysis & Optimization • BAS Network Health Monitoring • Air Handler Functional Performance Testing • Chilled/Condenser Water System Functional Performance Testing • Hot Water System Functional Performance Testing • FacilityZONE - Zone -Level Functional Performance Testing • Garage Sensor Calibration 3. Energy & Analytics Services • FacilityCARE — Premium Customized Analytics, Fault Detection and Diagnostics • FacilityACxE — Standard Analytics; Ongoing Commissioning & Engineering Support • Energy Usage Reporting • Critical Space Reporting 4. Operational Technology (OT) Services • FacilitySHIELD — BAS Server Protection • FacilityHOST—Cloud Hosted BAS Server 5. Premium Emergency Response Services • Premium Online Response • Premium Onsite Response • Critical Alarm Monitoring 6. Additional Support • Flex -Hours Support Services • Onsite Training/Operator Coaching • Classroom Training 7. Support Agreement Pricing Summary 8. Equipment List Packet Pg. 142 8.10.c ATS Customer Support Agreement 1. General Support Agreement Services (Included in all Support Agreements) Account Manager A dedicated Account Manager will be responsible for your total service satisfaction. Your Account Manager will provide the designated services, monitor equipment performance, track equipment service history, and consult with you to meet your objectives. Towards the end of each contract year, your ATS Account Manager will schedule a re -cap meeting with you to review all the services that have been performed that year. Dedicated Service Team Our service team knows BAS systems. A primary and a secondary ATS Service Technician will be assigned to your support agreement account. All our service technicians are factory trained in BAS equipment and are specialists in maintaining and troubleshooting your system. Documentation of All Services Provided All service visits will be documented by a work order detailing the service performed, materials used, and hours spent Quality Assurance Program At the conclusion of the annual re -cap meeting, your account manager will conduct a brief customer satisfaction survey with you regarding all the touch points you have with ATS (sales, operations, dispatch, warehouse, accounts receivable, etc.). Control System Database Protection/Disaster Recovery Workstation database and graphics backups safeguard your BAS system's vital databases of business information from unforeseen and costly catastrophic events (lightning strike, electrical power surge, flood, physical damage, etc.). We wil back-up your system database, software, and graphics a minimum of two (2) times per year and provide safe storage of this critical business information. Should a catastrophic event occur, we will respond onsite (or online if such a service is included in this agreement) to reload the databases and system files from our stored backup copy and to ensure proper operation and performance. Repair costs and the costs to reload the databases and system file will be at the preferred material and labor rate. Technology Updates - BAS Software (with Cyber-Security Enhancements) Building automation system manufacturers periodically releases software updates that provide added features, increase communications, processing speed, and cyber-security enhancements for your BAS. ATS will provide these updates with an annual software update, keeping your system software state-of-the-art. Please note: No platform upgrades, hardware, operating system, or other peripheral software upgrades are included with this service. Troubleshooting and Diagnostics Assistance (Online Service) If your operators need technical support, simply contact us during normal working hours. We will provide remote troubleshooting and diagnostics assistance via the telephone. If your organization allows us to access your BAS system via the internet (virtual private network or screen -sharing software), we will sign -on to your system and attempt to resolve the problem or, at a minimum, scope the problem down to a specific item or group of items. This service does not include after-hours support. For after-hours support, please call 425-251-9680. Packet Pg. 143 8.10.c Priority Emergency Response Time (Online and/or Onsite) As a service agreement customer, ATS will respond within two (2) business hours, Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays. ATS will sign -on to your system as a first step to your request or inquiry. Our operations personnel will contact you and will attempt to fix the problem or, at a minimum, scope the problem down to a specific item or group of items. (Emergencies will be determined by your staff and ATS.) If during our online emergency response, we are unable to resolve the situation, we will dispatch a service technician to your facility. ATS will be on site by the end of the next business day, Monday through Friday, 8:00 AM to 5:OOPM, excluding holidays. Non -emergency calls, as determined by your staff and ATS will be incorporated into the next scheduled service call. After -Hours Support Emergencies can and usually happen when you least expect it and many times on the weekends or after 5:00 PM. It is very important to ATS to provide support in all emergency situations for all our customers. We have available a 24-7 emergency answering service. You can utilize this service in an after-hours emergency by calling 425-251-9680. After receiving the call, we will first attempt to solve the issue online, as described above in the online emergency response section. If the problem persists, we will discuss it with you and, upon your approval, dispatch a service technician to your site. Preferred Labor & Material Rates As a support agreement customer, you will receive a discount on regular labor and material prices. You will receive approximately an 18% discount on labor and an additional 22% discount on material. For any components listed in the Alerton, Belimo or Delta Controls price list your multiplier will be .45 times the list price. Please note that prices are subject to change without written notice. 2024 Labor Rates: $225 $185 $350 $240 $425 $350 $250 $210 $390 $265 $475 $405 *IT (Information Technology) and OT (Operational Technology) specialists will be dispatched for any IT/OT offerings ATS provides, including, but not limited to BAS Network Health Analysis, facility5hield, facilityHost, etc. Packet Pg. 144 8.10.c 2. Functional Performance Testing Building Automation Systems are sophisticated and sometimes complex tools that enable facilities to maximize energy savings without sacrificing comfort. They are also very flexible and adjustable, which overtime can lead to energy waste. ATS will provide functional performance testing to optimize your system, minimize unintended energy waste, and maximize energy savings. Control System Analysis Your building automation system is very dynamic and interactive. As such, its operations, graphics, and programming intentionally and unintentionally change over time. With Control System Analysis, we will: ✓ Inspect the physical and electrical condition of each BACnet router. ✓ Perform a sequence of operations review. ✓ Perform file and database analysis. ✓ Review alarms, trend logs, and energy reports. ✓ Review time synchronization. ✓ Review schedule synchronization review. We will then compare the current analysis to the prior status report and meet with you to discuss the effects of the changes on the operation of your BAS. See Section 8 (Equipment List) for details. ❑ Included with this Support Agreement ® Not included with this Support Agreement BAS Network Performance Analysis & Optimization Changes in network hardware or security configurations, graphical changes, code changes, device configuration changes, malfunctioning devices and device additions can impact BAS network traffic. To keep your system operating at peak network performance ATS employs network analytics to examine the BACnet traffic and take corrective action. Network analytics will reveal non -responsive devices, duplicate networks, duplicate device instances, BBMD misconfiguration, and long response times along with a host of other issues. Technicians are equipped with the tools to correct IP/BAS configuration issues as well as MS/TP signal quality or configuration issues based on the BACnet analytics report. We will run a pre -corrections health network analysis before we begin our repairs. Then we will spend up to XX hours per year addressing identified issues. ❑ Included with this Support Agreement ® Not included with this Support Agreement BAS Network Health Analysis- Continuous Monitoring (24/7) This is an add -on service to the BAS Network Health Analysis service described above. With this service we continuously monitor the health of your BAS network. If the network health changes more than a predetermined amount, we will notify you of this change during normal business hours and discuss our findings. We will notify you if your internet, network, or BAS Server goes offline. We can also provide regularly scheduled network health reports. ❑ Included with this Support Agreement ® Not included with this Support Agreement Air Handler Functional Performance Testing Using our software tools, we will analyze the performance of your HVAC air handling systems. This service will focus on the operation of the air handler's heating and cooling system control loops, outside air dampers, mixed air dampers, hot water and chilled water valve actuators, temperature sensors, low limit protection and temperature alarms. Schedules, alarms, and trends will also be verified and modified as needed. Any observed issues regarding equipment will be brought to your attention at the time of service. See Section 8 (Equipment List) for details. ❑ Included with this Support Agreement ® Not included with this Support Agreement Packet Pg. 145 8.10.c Condenser Water System Functional Performance Testing Reliable and optimized performance of your chiller/cooling tower plant is critical to the operations of your facility. As part of this performance service, one (1) time per year we will run an operational controls sequence to test the full range of the chiller/cooling tower and the respective distribution system. We will analyze the system water supply and return temperatures at typical operating conditions, verify temperature set point reset operations, alarm interfaces to the DDC system, and the lead/lag operations of the chillers/cooling towers. See Section 8 (Equipment List) for details. ❑ Included with this Support Agreement ® Not included with this Support Agreement Hot Water System Functional Performance Testing Reliable and optimized performance of your heating plant is also critical to the operations of your facility. As part of this performance service, one (1) time per year we will run an operational controls sequence to test the full range of the boiler and hot water distribution system. We will analyze the hot water supply and return temperatures at typical operating conditions; verify temperature set point reset operations, boiler alarm interface to the BAS, and the lead/lag operations of the hot water system. See Section 8 (Equipment List) for details. ❑ Included with this Support Agreement ® Not included with this Support Agreement FacilityZONE — Zone Level Functional Performance Testing (facilityZone) facilityZone from ATS is an automated functional performance service that tests the physical operation of your zone -level controllers and their associated devices (i.e. damper actuators and control valves). facilityZone is important because if undetected, a poorly functioning zone can cause other systems to run unnecessarily. This single zone can waste significant amounts of energy and money. Additionally, a malfunctioning zone controller leads to occupant dissatisfaction. Once the functional performance testing is completed, we will spend up to 16 hours per year addressing identified issues. ® Included with this Support Agreement — (59) zone controllers per year with 16 hours for corrective actions ❑ Not included with this Support Agreement Garage Sensor Calibration Carbon monoxide (CO) and nitrous dioxide (NO2) sensors are essential components of the garage exhaust system and are crucial for the safety of employees and customers in the garage. These sensors detect harmful gases and alert the garage exhaust system to take the necessary measures. Therefore, it is important to keep them tested regularly to ensure they are functioning properly. ❑ Included with this Support Agreement — (XX) CO/NO2 Sensors per year. ® Not included with this Support Agreement Packet Pg. 146 8.10.c 3. Energy & Analytics Services ATS has developed an advanced suite of software -based analytical commissioning tools. These tools continuously monitor and analyze the functionality and efficiency of the HVAC systems. ATS identifies performance optimization opportunities by combining extensive automated analytic libraries with custom facility specific analytic rules to produce actionable recommendations for improved operation. Through this software, ATS generates energy alarms and advanced fault detection reports that will proactively identify deficiencies. Advanced HVAC analytics fault detection rules include: • Sub -optimal schedules and setpoints • Malfunctioning dampers and valves • Inefficient control loops • Sub -optimal mechanical heating and cooling usage • Excessive ventilation • Sub -optimal temperature and pressure setpoint reset FacilityCARE - Continuous Commissioning I Advanced Fault Detection I Reporting I Energy Alarming & Analytics ATS facilityCARE is a cloud -based software solution that continuously monitors the operation and efficiency of facility HVAC systems. ATS facilityCARE identifies energy and cost saving opportunities by combining extensive automated analytic libraries with custom facility specific analytic rules to produce energy efficiency and maintenance actions for facility engineers. ATS facilityCARE software generates energy alarms and advanced fault detection reports that will proactively identify energy waste and system inefficiency within the facility. Energy alarms and advanced fault detection rules may include simultaneous heating & cooling, failed economizer operation, failed heating or cooling valves, failed sensors, schedule failures, low equipment delta t, equipment short cycling, etc. In addition, ATS facilityCARE provides other functionalities such as facility Key Performance Indicators (KPIs) and detailed energy analytics. An ATS Energy Engineer will review the site energy alarms and faults monthly and review the findings with the facility engineer via a site visit, phone call, or webinar. ❑ Included with this Support Agreement ® Not included with this Support Agreement FacilityACxE — Standard Analytics; Ongoing Commissioning & Engineering Support ATS facilityACxE is an automated ongoing commissioning and fault detection and diagnostic (FDD) service for common mechanical equipment and terminal units, such as AHUs, RTUs, and VAV boxes. The service combines ongoing analytic analysis with dedicated ATS technician time to make onsite corrections. Using facilityACxE ensures that your equipment operates at peak efficiency, reducing waste and improving overall system performance. With a facilityACxE support plan from ATS, facility managers and operators have a streamlined solution that allows them to focus on the most critical issues while making data -driven decisions that optimize system performance and increase tenant satisfaction. As part of this service, we will spend up to xx hours per year addressing identified issues. ❑ Included with this Support Agreement ® Not included with this Support Agreement Packet Pg. 147 8.10.c Energy Usage Reporting Analyzing utility data and correlating it to weather data and building operations reveals opportunities to control consumption while reducing energy costs. This data analysis can isolate and find causes of peak demand events, identify wasted consumption, reveal problems with equipment, controls, and operations causing energy inefficiencies, and determine what utility rate structure may yield the lowest cost of power. The ATS analytics software package is a solution that will allow you to effectively collect utility data, summarize it into a graphical web -based dashboard style format, and allow your team to interpret it quickly and easily. In addition, the collected data is easily saved into pdf, excel, or csv reports on -demand or emailed automatically. Please note: Full analysis and reporting are dependent on proper meter coverage; additional meters may be required. ❑ Included with this Support Agreement ® Not included with this Support Agreement Critical Space Reporting Facility managers face many challenges running their buildings as efficiently as possible; rising energy costs, shrinking budgets and limited staffing. However, one of the greatest challenges can be keeping and archiving logs demonstrating sensitive environments are maintained within an acceptable operating range. Modern building automation systems provide a tremendous amount of data regarding operations that can be leveraged to provide peace of mind for critical environments. The ATS analytics software package is a solution that will allow you to effectively collect the immense amount of building automation system monitoring data (i.e. temperature, pressure, and humidity sensors), summarize it into a graphical web -based dashboard style format, and allow your team to interpret it quickly and easily. In addition, the collected data is easily saved into pdf, excel, or csv reports on -demand or emailed automatically, allowing for ease of provision to Joint Commission and Food & Drug Administration. ❑ Included with this Support Agreement ® Not included with this Support Agreement Packet Pg. 148 8.10.c 4. Operational Technology (OT) Services FacilitySHIELD - BAS Server Protection Your building automation system's dedicated server and software are essential elements needed to keep your facility operating safely and smoothly. These components require maintenance like any other computer system. For facilities that do not have the resources or expertise on -hand to service these systems, ATS offers expertise in operational technologies. facilityShield also includes ATS facilityNet service (described above) ATS is offering a low-cost method to ensure your BAS server is healthy, optimized, and up to date with the latest cybersecurity software and security patches. This online service ensures the following: • Most recent operating system security patches • System vulnerability monitoring • Firewall setup & maintenance • Activity reporting • Anti -virus software updates ❑ Included with this Support Agreement ® Not included with this Support Agreement FacilityHOST - Cloud Hosted BAS Server Your building automation system's server keeps your facility operating smoothly by running the software that controls your mechanical and related equipment. Often this server can be neglected or even off the books of a facility's IT department. An unattended server is prone to cyber-security and maintenance issues if not properly maintained and secured. facilityHost from ATS provides a secure manner to remotely host your BAS by moving your server from a physical PC located in your building to a private cloud network. Secure cloud networks increase security by removing physical access to critical facility systems that unauthorized users may access. Remote hosting removes server maintenance from your team's to -do -list, and it ensures your equipment is properly sized; storage and processing power only increase when needed. Early termination fees may apply. facilityHost also includes ATS facilityShield service (described above). ❑ Included with this Support Agreement ® Not included with this Support Agreement Packet Pg. 149 8.10.c 5. Premium Emergency Response Services Premium Online Response To quickly respond to emergency service requests and to reduce the costs and disruptions of downtime, we will provide phone support and, if available, we will also use remote connection technology. Our first action to a request for emergency response will be to attempt to resolve the situation via a remote connection. There may be a one (1) hour minimum charged for each remote service. If remote diagnosis determines a site visit is required to complete problem resolution procedures and your team concurs, we will dispatch a technician to your site. Note: internet access to be provided and maintained by the customer. ❑ Included with this Support Agreement - ATS Technician will respond within 1 business hour: 24 hours/day, 7 days/week, including holidays. ® Not included with this Support Agreement Premium Onsite Response If during our Online Emergency response, we are unable to resolve the situation we will dispatch a service technician to your facility. Non -emergency calls, as determined by your staff and ATS will be incorporated into the next scheduled service call. ❑ Included with this Support Agreement - ATS will be on site within four (4) hours, 24 hours/day, 7 days/week, including holidays (after the completion of the telephone and direct connect response). ® Not included with this Support Agreement Emergency Response Services guarantee ATS' response time to an emergency only. The use of online and/or onsite emergency service is not included in the scope of this contract and will be billed at the applicable time & material rates. Packet Pg. 150 8.10.c 6. Additional Support Flex -Hours Support Services Flex hours allow you to budget for emergency calls or special projects and spread out the payments on your terms. We will work with you to determine the appropriate number of Flex -Hours best suited for your site. NOTE: It is our policy to roll any unused flex hours into the upcoming contract year (except for a single -year contract or at the end of a multi -year service agreement). ® Included with this Support Agreement — 24 hours per year ❑ Not included with this Support Agreement Onsite Training/Operator Coaching Through our individual onsite training/operator coaching options, we will introduce, review, and reinforce skills, leading to greater utilization of HVAC Control System applications implemented in your facility. Annually, we will provide an agreed upon number of hours per year of coaching for your facility staff, Monday through Friday 8:00 a.m. to 5:00 p.m. Our systems experts assist your operators in identifying, verifying, and resolving problems found in executing tasks. During the training/coaching sessions, we can address logbook issues, assist your operators in becoming more self- sufficient, and tailor HVAC control system applications to the needs of your facility and to your operators' specific job responsibilities. ❑ Included with this Support Agreement DX Not included with this Support Agreement Classroom Training ATS offers classroom -format, factory training courses. As a support agreement customer, you will receive tuition for student(s) to attend the Operator Workstation Training course. These training classes are conducted at the ATS training facility in Renton, WA. Travel, lodging, and meals are not included. ❑ Included with this Support Agreement ® Not included with this Support Agreement Preventative Maintenance Visits Preventative Maintenance visits will primarily focus on owner directed issues and can focus on the sequence of operations for heating and cooling systems readiness: mechanical actuation, transducer calibration, economizer control, temperature sensors and alarms, mechanical heating and cooling operations and setpoint adjustments. In addition, the technician will review building network, global controllers, and computer performance. If there are no owner directed issues on a given service visit, work can be directed into structure services such as functional performance testing for the air handlers or the central plant, or a control system analysis. See section 2 for more information on structured services. ® Included with this Support Agreement — 6 visits per year ❑ Not included with this Support Agreement Packet Pg. 151 8.10.c 7. Support Agreement Pricing Summary: We have included the following Custom Service Plan Features in this agreement as detailed in the previous section: Features Included in All Service Plans • Account Manager 0 Troubleshooting and Diagnostics • Dedicated Service Team Assistance (Online Service) • Documentation of All Services Provided • Priority Emergency Response • Quality Assurance Program • After -Hours Support • Control System Database Protection/Disaster Recovery • Preferred Labor & Material Rates • Technology Updates - BAS Software and Firmware Updates Features Custom to Your Service Plan • Preventative Maintenance • Flex -Hours Support Services • Zone -Level Functional Performance Testing (facilityZone) Pricing for these features is based on a 5-year program, billed annually at the beginning of the contract year. The pricing stated does not include sales tax, if applicable. Year 1 05/01/2025 to 04/30/2026 $26,947 annually Year 2 05/01/2026 to 04/30/2027 $26,947 annually Year 3 05/01/2027 to 04/30/2028 $26,947 annually Year 4 05/01/2028 to 04/30/2029 $26,947 annually Year 5 05/01/2029 to 04/30/2030 $26,947 annually ATS believes that this proposal includes the best interests of the City of Edmonds and was developed based on your input. Please feel free to contact me if you have any changes. If accepted, sign and date below and return to ATS with purchase order information, The pricing stated in this proposal is valid for thirty (30) days. Prices stated do not include applicable taxes. We understand budget constraints are an ongoing concern, as such this agreement may be modified or cancelled at any time. Modification/Cancellation conditions are detailed in the "Terms and Conditions" section 1, paragraph 2 (attached). Sincerely, Joe Cales C� Proposal Accepted Signature, Please Print Name Title Date Packet Pg. 152 8.10.c 8. Equipment List Front End Server and Clients Info Location Frequency/Year Tech Updates Compass 2.2.1 Library Mechanical Equipment Large Virtual Machine Info Location Global ACM 1 Trunk Rm 106 AHU-1 VLC-1188, 550 Library Roof RTU-1 VLC-853 Conference Room Roof RTU-2 VLC-853 Conference Room Roof VAV (23) VAV-SD Various FacilityZone Annually City Hall Mechanical Equipment Info Location Global ACM 1 trunk Rm 106 (6) Heat Pumps VLC-550 Roof MAU Public Works Mechanical Equipment VLC-550 Basement Garage Info Location Global ACM 5 trunks (6) HVU VLC-853 Various (2) Heat Pumps VLC-853 Back Offices, Main Office MAU/Exhaust Fans VLC-853 16160 Police Station — Public Safety Complex Mechanical Equipment Info Location Global ACM 3 trunks, 1 3rd Floor MSTP, 2 TUX VLC-1188,444E AHU 1A, 16, 2A, 2B Lower Level Mech Room TUX-APLC 2, AHU-3A, 3B, 4 TX 450 Boiler VLC-853, VAV- Lower Level Mech Room SD2A (36) VAVs (13) VAV-SD Various FacilityZone Annually Fire Station — Public Safety Complex (23) TX-VAV Mechanical Equipment Info Location I w c d E m m Q 0 Q CL 3 C 0 w �a E 0 3 Q c m c m E N 0 L co Q 0 0. CL 3 U) U) H Q c m E t 0 ea r Q Packet Pg. 153 8.10.c r c d E m a� L Q Q Q Q. Cl) Q cu E Q Q M .� W W E L yQ..� L 0 Q Q co Cl) Q Q Terms and Conditions for ATS Service Support Agreement The following Terms and Conditions are attached to and form an integral part of the Service Support Agreement or Customer Support Agreement or Service Support Program for ATS Automation, ATS Inland NW, ATS Rocky Mtn, ATS WayPoint and ATS Integrated Solutions (referred to here as "ATS"). The Agreement or Program, together with these Terms and Conditions, are collectively referred to as the "ATS SSA." 1. The Scope This ATS SSA, when accepted in writing by the Customer and approved by an authorized representative of ATS, shall constitute the entire agreement between the parties. It may only be amended by a written document signed by both ATS and Customer. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions of this agreement shall remain in full force. The terms and conditions set forth herein shall supersede, govern and control any conflicting terms found elsewhere in the ATS SSA. Neither party may assign this Agreement without the prior written consent of the other party however, this ATS company may assign this agreement to any of its affiliated ATS companies. The term of this agreement will begin on the Start Date as specified in the ATS SSA and continue for the period of time as agreed to in the SSA. At the end of the term of the agreement, the SSA will automatically renew for successive one- year periods with an annual increase of 3% unless otherwise stated in the SSA, or, as otherwise agreed to by ATS and the customer in writing at least 30 days prior to the end of the term. Either party may terminate or amend this agreement at any time by giving the other party at least 30 days written notice of such amendment or termination. This agreement only relates to the systems, equipment and software identified in the List of Covered Equipment or List of Covered Systems in the SSA and it assumes the systems, software and equipment covered are in maintainable condition. If upon initial inspection by ATS, it is found that repairs are required, ATS will propose a scope of work to make the repairs. If Customer declines to have ATS make the repairs, that equipment will be removed from the equipment covered in the ATS SSA and an adjustment in price to the SSA will be made. Customer, at no cost to ATS, agrees to: A. allow ATS to control/operate all equipment necessary to perform the services. B. provide access to all areas of the facility as necessary to complete the Work. C. provide suitable electrical service as required by ATS. D. take immediate action in the event of a system failure to reasonably and safely protect life and property and until such time that ATS has remedied the situation and notifies the customer that the systems are operational. E. designate a contact person with authority to make decisions for Customer regarding the SSA and provide sufficient information for ATS to contact such person in an emergency. If such person cannot be reached, any request for Service or any decision made from a person at Customer's premises will be deemed authorized by Customer, and ATS will, at its discretion, act accordingly. Pricing, Invoices and Payments. • Pricing is good for 30 days unless otherwise stipulated. • Payments are due within 30 days of invoice. • Sales tax is not included in the price and will be added to the price on the invoice. • If payment is not received when due, then ATS may suspend any further work until payment is made. ATS may charge 1.5% interest per month (or the maximum allowed by law) plus any related costs such as collection or attorney fees and pursue any legal remedies to collect what is owed. • All other services performed but not included in the scope of the SSA will be billed on a time and materials basis at labor rates that are in effect at the time that the work is performed. B. subjected to unreasonable or improper use or storage, used beyond rated conditions, operated other than per ATS's or the manufacturer's instructions or otherwise subjected to improper maintenance, negligence or accident. C. damaged because of any use of the equipment after customer has, or should have had, knowledge of any defect in the equipment. 4. Insurance ATS shall provide the following insurance coverages during the term of this agreement: • Commercial General Liability $1M/occurrence & $2M aggregate • Automobile Liability $1M combined single limit • Worker's Comp & Employer's Liability Statutory Limits • Excess Liability $4M/occurrence & $4M aggregate S. Indemnification A. Indemnification. The indemnification obligations set forth in this Section shall be the parties' exclusive rights and remedies with respect to this Agreement. B. Reciprocal Indemnification. Each party shall indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, members, agents and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties and fines of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged: (i) gross negligence, (ii) willful misconduct or (iii) infringement or misappropriation of a third party's copyright, trade secret, patent, trademark or other intellectual property right. 3. Warranty Equipment or products installed by ATS in the scope of performing these services shall only carry the warranty as is provided by manufacturer which ATS assigns to the Customer. ATS will use all reasonable efforts to assist Customer in enforcing any such third -party warranties. Labor provided by ATS for all services under this SSA is warrantied for a period of 90 days after the work is performed. The warranty will be void if the work or related equipment is: A. repaired or altered by any person other than an ATS employee or its authorized representative. Limitation of Liability NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE EITHER PARTY'S LIABILITY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; (11) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. SUBJECT TO SECTION 6.1, IN NO EVENT WILL ATS OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, (1) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (11) LOST BUSINESS OR (III) LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF ATS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Q 8.1O.c 7. Nondiscrimination Provision A) Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement. B) Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). C) Default. Notwithstanding any provision to the contrary, ATS may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until ATS receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), ATS may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court -ordered injunctive relief or settlement agreement. D) Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. ATS shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe ATS for default under this Provision. Version updated April 2024 8.10.c r c d E m a� L Q Q Q Q. Cl) Q cu E Q Q M .� W W E L yQ..� L 0 Q Q cn N Q _ a) E 0 Q Packet Pg. 157 8.11 City Council Agenda Item Meeting Date: 04/8/2025 Public Safety Building - Chiller Plant Service & Maintenance Agreement Continuation Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The Public Safety Complex was built between 1999 and 2000, this complex of two buildings is supported by common infrastructure that supports but Fire Station 17 and Maxwell McGinness Public Safety Building housing Edmonds Municipal Court and the Edmonds Police Department. Staff Recommendation Approve the acceptance of this proposal to renew the Service Agreement with Trane US Inc. on the Consent Agenda. Narrative Trane US Inc. is the manufacturer and service provider for specialty HVAC and Mechanical systems, the 100 Ton Chiller plant that services the Edmonds Public Safety Complex provides indoor air quality and temperature control to the 41,000 square feet of emergency support services, court operations, city council chambers and fire living quarters. Indoor air quality and occupant comfort is essential efficient government operations, and preservation of public assets. With increasing pressure from changing environmental conditions electric cooling is an essential mechanical system to maintain a high- performance building in compliance with the city comp and cap plans, and state mandated de- carbonization goals. Attachments: Trane PSA 4-2025 Trane Support Agreement Exhibit A Packet Pg. 158 8.11.a CITY OF EDMONDS MIKE ROSEN 121 5T" AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PURCHASED SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Trane U.S. Inc., hereinafter referred to as the "Contractor." WHEREAS, the City desires to engage the services and assistance of a contractor to provide quarterly preventative maintenance for Public Safety complex's Air -Cooled Chiller; and WHEREAS, the Contractor has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Contractor shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a lump sum basis as set forth in the Exhibit A Fee Schedule; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of THREE THOUSAND DOLLARS ($3,000.00). B. All vouchers shall be submitted by the Contractor to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Contractor. The Contractor may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three (3) days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. Trane U.S. Inc. Purchased Services Agreement Packet Pg. 159 8.11.a 3. Prevailing Wages. The Contractor shall pay prevailing wages in accordance with Chapter 39.12 RCW. A completed Statement of Intent to Pay Prevailing Wages must be submitted to the City for the prime contractor and each subcontractor prior to the first payment. A completed Affidavit of Wages Paid must be submitted to the City for the prime contractor and each subcontractor prior to final payment. 4. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Contractor in providing the services under this Agreement shall be and are the property of the Contractor, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Contractor shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Contractor may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Contractor shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Contractor, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 5. Time of performance. This Agreement will commence upon its execution by both parties and will continue through March 31, 2026. The Contractor shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 6. Indemnification / Hold harmless agreement. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Contractor in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. The Contractor shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Contractor specifically assumes potential liability for actions brought by the Contractor's own employees against the City and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 Trane U.S. Inc. Purchased Services Agreement 2 Packet Pg. 160 8.11.a RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance secured by the Contractor, the City will be named on all policies as an additional insured. The Contractor shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Contractor shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. 8. Discrimination prohibited. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 9. Contractor is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Contractor shall be deemed to be an agent, employee or representative of the City for any purpose. The Contractor shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 10. City approval of work and relationships. Notwithstanding the Contractor's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Contractor shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 11. Termination. This being an Agreement for services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. Payment under this Trane U.S. Inc. Purchased Services Agreement 3 Packet Pg. 161 8.11.a Agreement is subject to the appropriation of funds for these purposes. In the event funds are not appropriated, the City reserves the right to terminate this Agreement effective immediately and shall provide the Contractor with written notice of immediate termination. 12. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and Fee Schedule attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 13. Changes/Additional Work. The City may engage the Contractor to perform services in addition to those listed in this Agreement, and the Contractor will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Contractor to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 14. Standard of Care. The Contractor represents that the Contractor has the necessary knowledge, skill and experience to perform services required by this Agreement. The Contractor and any persons employed by the Contractorshall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary care required for services of the type described in the Scope of Work. 15. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 16. Non -assignable. The services to be provided by the Contractor shall not be assigned or subcontracted without the express written consent of the City. 17. Covenant against contingent fees. The Contractor warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 18. Compliance with laws. The Contractor in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Trane U.S. Inc. Purchased Services Agreement 4 Packet Pg. 162 8.11.a The Contractor specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 19. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue N Edmonds, WA 98020 Notices to the Contractor shall be sent to the following address: Trane US Inc. 2333 158th Court NE Bellevue, WA 98008 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of CITY OF EDMONDS Phil Williams, Interim PW Director APPROVED AS TO FORM: Office of the City Attorney 2025. TRANE U.S. INC. Printed Name and Title Trane U.S. Inc. Purchased Services Agreement 5 Packet Pg. 163 8.11.a STATE OF WASHINGTON ) )ss COUNTY OF KING ) 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 of Trane U.S. Inc., 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: Trane U.S. Inc. Purchased Services Agreement 6 Packet Pg. 164 8.11.a APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Contractor under the Agreement until the Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. Trane U.S. Inc. Purchased Services Agreement % Packet Pg. 165 8.11.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964), The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131712189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898 , Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person has meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Trane U.S. Inc. Purchased Services Agreement 8 Packet Pg. 166 8.11.b Edmonds Public Safety - SA 2025 Proposal ID 8052480 Trane U.S. Inc. 2333 158th Court NE Bellevue, WA 98008 Phone: (425) 643-4310 Fax: (425) 643-4314 Service Contact: (425) 643-4317 March 07, 2025 THOM SULLIVAN Site Address: Edmonds City Of Edmonds Public Safety 7110 210TH STREET SW 250 5th Ave N Edmonds, WA 98026-9802 Edmonds, WA 98020 ATTENTION: THOM SULLIVAN SUBJECT: Continuation of Service Agreement SEA01060 Your Trane Service Agreement is scheduled for renewal on April 1, 2025. To assure that there will be no interruption of service and benefits to Edmonds City Of your Service Agreement will be extended through March 31, 2030. The adjusted Service Fees for the renewal term is set forth in the following table: Contract Year Annual Amount Payment Payment Term' Initial f Term Year 1 $2,960.00 $740.00 Quarterly Year 2 $3,137.00 $784.25 Quarterly Year 3 $3,325.00 $831.25 Quarterly Year 4 $3,525.00 $881.25 Quarterly Year 5 $3,736.00 $934.00 Quarterly TOTAL 5-Year Term $16,683.00 The Annual Amount and Payment information set forth above DO NOT include applicable sales tax. Applicable sales taxes will be included upon generation of the invoice for the renewed Service Agreement. Payment of applicable sales tax is the responsibility of the Customer. If there is any reason why this Service Agreement should not be extended through this period, please notify Trane in writing 30 days prior to the renewal date indicated above If so notified, Trane can continue at your discretion to provide services beyond the renewal date at our standard time and material rates. SCOPE OF SERVICE The Scope of Service for the new agreement period will remain the same as delivered in the current period. TERMS & CONDITIONS Terms & Conditions for the renewal period are attached CLARIFICATIONS If Edmonds City Of accounting procedures require a purchase order for the renewal term, please provide your purchase order number to Trane prior to the renewal date. We value your business and look forward to continuing to serve and contribute to your organization's success. Sincerely, Lori Boston Account Manager Trane Cell: (206) 713-3511 Office: (425) 586-1686 1 -� A N _ P1 of 1ii K125 Trane Technologi -II P.ighis reserved T E C M n o LOG 1 Es confidential and Propnetan, Informar,icn of Trar - Packet Pg. 167 8.11.b Edmonds Public Safety - SA 2025 Proposal ID: 8052480 CUSTOMER Authorized Representative Printed Name Title Purchase Order Acceptance Date Trane's License Number: Trane**934RE The Initial Term of this Service Agreement is 5 years, beginning April 1, 2025 through March 31, 2030. Total Contract Amount: S16,683.00 + Tax if applicable for the 5-Year-Term. If a 1-Year Term is selected beginning April 1, 2025 through March 31, 2026, please initial in the box next to the 1-Year Term Pricing at $2,960.00 with Quarterly Payments of $740.00. **One Annual Payment in full of $2,960.00 + Tax can also be made if this is preferred. Just let us know your billing preference at the time of your approval. -lRAN= TECH NOLOCIES- Page 2 of 10 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S Inc. Packet Pg. 168 8.11.b Edmonds Public Safety - SA 2025 Proposal ID: 8052480 /A WAR iY a HVAC EQUIPMENT COVERAGE 1 Edmonds Public Safety The following "Covered Equipment" will be serviced at Edmonds Public Safety: Equipment Q Manufacturer Model Number Serial Number L10B00546 Air -Cooled Chiller 1 Trane RTAA0904XK _ Formerl U98K03683 Service Description — 5-Year Term (if selected) Quantity Per 5-YR Term RTAA Annual Inspection (Without Optional Coil Cleaning) (Service 1) 1X/YR 5 RTAA Operational Mid -Season Inspection (Service 2) 2X/YR 10 Service Description — 1-Year Term (if selected) Quantity Per 1-YR Term RTAA Annual Inspection (Without Optional Coil Cleaning) (Service 1) 1X/YR 1 RTAA Operational Mid -Season Inspection (Service 2) 2X/YR 2 Scope of Services: Perform one (1) comprehensive annual inspection and two (2) mid -season operational inspections per year Note: Coil Cleaning is not included and will be quoted as needed. 1 _� ^ N _ Page 3 of 10 © 2025 Trane Technologies All Rights Reserved. rEC-OLOG I E5 Confidential and Proprietary Information of Tranc U S. Inc. Packet Pg. 169 8.11.b Edmonds Public Safety - SA 2025 Proposal ID: 8052480 ��'\ rRavE• � q � ��11 CUSTOMER SERVICE FLOWS The following Customer Service Flows provide additional service description detail for Covered Equipment. Service 1: RTAA Annual Inspection (Without Optional Coil Cleaning) (1X/YR) Description • Initial Site Inspection • Customer Notification • Review Diagnostics • Verify Line Voltage • Lock Out Tag Out • Visual Condenser Coil Check • Electrical Inspection • Meg Compressor Motor(s) • High Pressure Leak Check • Compressor And Oil Separator Heater Check • Compressor Check • Control Panel Calibration Check • Condenser Fan Check • Remove LOTO and Check Heater Operation • Inspect Strainer and Pump - Seasonal Startup • Evaporator Flow Switch Inspection ■ Manual Log With Electronic Device • Perform Oil Analysis Per Circuit Service 2: RTAA Operational Mid -Season Inspection (2X/YR) Description • Customer Notification • Initial Site Inspection • Review Diagnostics • Lock Out Tag Out (Standard) • Condenser Fans Check RTA' Per Circuit • Visual Condenser Coil Check • Visual Electrical Inspection • Remove Lock Out Tag Out • Compressor And Oil Separator Heater Check • Evaporator Flow Switch Inspection • Start Unit • Compressor Check • Manual Log With Electronic Device 1 -� ^ N = Page 4 of 1 D © 2025 Trane Technologies All Rights Reserved TEOhNOLOGIES Confidential and Propiietary Information of Trane U S Inc Packet Pg. 170 8.11.b Edmonds Public Safely - SA 2025 Proposal ID: 8052480 TERMS AND CONDITIONS - SERVICE "Company" shall mean Trane U.S. Inc. dba Trane for Company performance in the United States and Trans Canada ULC for Company performance in Canada. 1. Agreement. These terms and conditions ("Terms") are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the following commercial services as stated in the Proposal (collectively, the "Services"): inspection, maintenance and repair (the "Maintenance Services") on equipment (the "Covered Equipment"), specified Additional Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, and any other services using remote connectivity (collectively and individually referred to in these Terms as "Trane Digital Services"). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms"), available at https://www.trnno.com/7raneConnectedServlces7orms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any otherterms and conditions of sale or any other modification, Customers order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customers order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions olherthan those expressed herein, return of such order by Company with Company's Terms and Conditions attached or referenced serves as Company's notice of objection to Customers terms and as Company's counteroffer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counteroffer will be deemed accepted. Customers acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Conditions This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customers obligation to pay for Services provided by Company to the date of cancellation. 4. Fees and Taxes. Fees for the Services (the "Service Fees") are as set forth in the Proposal. Except as otherwise staled in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company's normal business hours shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with an acceptable tax exemption certificate. 5. Payment. Payment is due upon receipt of Company's invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement. 6. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to dale and all da rage> sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer's bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement. 7. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the stale or province where the Services are performed undersimilar circumstances when Company performs the Services_ Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customers expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safely regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in properoperating condition as of the dale hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon initial inspection, and/or upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer's telephone line or network infrastructure to connect to controls, systems andfor equipment provided or ser iced by Company and to provide Services contractel foi or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknc:Jedges that Company is not responsible for any adverse impact to Customers communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company 8. Customer Obligations. Customer shall. (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning leardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly slated in the Scope of Services statement, Company Is not performing any manufacturer recommended leardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional cooling lower water treatment in accordance with any reasonable recommendations provided by Company. 9. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not include, and Company shall not be responsible for or liable to the Customer rot any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for. chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers: motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non -maintainable parts of the system, including, but not lirrtited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork orconduit; electrical distribution system; hydronicsiructural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or Systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezmg weather, calamity, malicious act, or any Event of Force Majeure: (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement; (a) Furnishing any items of equipment, material, or laborllabour, or performing special tests recommended or required by Insurance companies or federal, stale, or local governments; (1) Failure or inadequacy of any structure of foundation supporting or surrounding the equipment to be worked on or any portion thereof: (g) Building access or alterations that might be necessary to repair or replace Customers existing equipment; (h) The normal function of starting and slopping equipment or the opening and closing or valves. dampers or regulators normally installed to protect eourpmenl against damage: (I) Valves that are not factory mounted: balance, slop, control, and other valves external to the device unless specifically included In the Agreement; 0) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, sarely tests. or removal or reinslattatron of valve bodies and dampers, (k) Any services, claims, or damages arising out of Cuslomers failure to comply with its obligations under this Agreement, (1) Failure of Customer to follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that existed In, on, or upon the premises before the effective date or this Agreement (-Pre-Existing Conditions'), Including, without Ilmltalion, damages, losses, or expenses involving pre-existing building envelope Issues, mechanical issues, plumbing issues, and/or indoor air quality Issues Involving mold/mould and/ar fungl: (n) Replacement of refrigerant Is excluded, unless replacement of refrigerant is expressly staled as Included within the Services, in which case replacement shall in no event exceed the staled percentage of rated system charge per year expressly staled in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Company. Customer shall be responsible rot: (1) The cost of any additional replacement refrigerant: (11) Operation of any equipment; and (riI) Any claims, damages, tosses, or expenses, arising from or related to work dome by or services provided by individuals or entities that are not employed by or hired by Company 1 7� ^ N _ Page 5 of 10 © 2025 Trane Technologies All Rights Reserved r ECI-LOGIES Confidential and Proprietary Information of Trane U S Inc. Packet Pg. 171 8.11.b Edmonds Public Safety - SA 2025 Proposal ID: 8052480 10. Limited Warranty. Company warrants tha; (a) the material manufactured by Company and provided to Customer in performance of the Services Is free from defects in matenal and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement, and (b) the labor/labour portion of the Maintenance Services and Additional Work has been property performed for a period or 90 days from dale of completion (the "Limilea Warranty"). Company obligations of equipment slan-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any laborllabour improperly performed by Company No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure of malfunclion of equipment due to the following, wear and tear. end of life failure; corrosion; erosion; delenorahon; Customers failure to follow the Company -provided maintenance plan, unauthorized of improper maintenance, unauthorized or improper pans or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case INS Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement Equipment, material and/or parts that are not manufactured by Company ("Third -Party Pfoduct(s)') are not warranted by Company and have such warranties as may be extended by the respective manufacturer CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD -PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD -PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD -PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD -PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 11. Indemnity. To the maximum extent permitted by law, Company and Customer shaft indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys fees, resulting from aeath or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of me indemnifying party, and/or its respective employees or other authorized agents in connection with their activities within the scope, of this Agreement Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. 1! the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLDIMOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING TRANE DIGITAL SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 13. CONTAMINANTS LIABILITY The transmission of COVIO-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known HVAC systems, products, services and other offerings have .not been tested for their effectiveness in reducing the spread of COVIO-19. including through the air in c'osed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "CONTAMINANTS LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos polychlorinated biphenyl ('PCB"), or other hazardous materials (collectively, -Hazardous Materials'). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affect Company's performance. except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and nolify Customer. Customer will be responsible for correcting the condition In accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its emoloyees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature. and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the Premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials orwhen the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials. 15. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability S2.000,000 per occurrence Automobile Liability $2,000.000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy. Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation. 16. Force Majeure. Company's duly to perform under this Agreement is contingent upon the ron-occurrence of an Event or Force Maleure If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (t) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (it) be terminated upon 10 days' notice to Customer, in which event Customer shall pay Company for all parts or the Services furnished to the date of termination. An "Event of Force Maleure shalt mean any cause or event beyond the control of Company. Without limiling the foregoing, -Event of Force Majeure- includes acts of God, acts of terrorism, war or the public enemy: Rood: earthquake. lightning tornado; storm; fire; civil disobedience, pandemic. insurrections, nols. IabcirAabour disputes, laborllabour or material shortages from the usual sources of supply, sabotage, restraint by court order or public aulhotity (whether valid of invalid), and action or non -action by or inability to obtain or keep in force the 1 ? ^ N — Page 6 of 10 © 2025 Trane Technologies. All Rights Reserved. Tecn,+oLoGtc: Confidential and Proprietary Information of Trane U S Inc. Q Packet Pg. 172 8.11.b Edmonds Public Safety - SA 2025 Prof/nsal ID 80524g0 necessary governmental authorizations Delimits, licenses, certificates or approvals If not caused by Company_ and the requirements of any applicable government in any manner that diverts either the materiar or the finished product to the direct or indirect benefit of the government 17. Maintenance Services Other Than Solely Scheduled Service, If Company's Maintenance ServiceS hereunder are not limited solely to Scheduled Service. the fellow ng prov,s:ons shall also apply (a) Required e Or repairs made to trestorathe ion shall be performed by Customer at its cost prior to Company being Obilgated to perform hereunder: Company's option, (b) any changes. adjustments, 5ervtttEquipment by an y party Other than Company,unless a terminate Company's obligation to render further service to the Equipment so affected: in such case nro oved refund of a by Compang in writing, may, at Fees shall be made, and (c) Customer shall (i) promptly nobly Company of any unusual performance of Equipment; (ii) permit onlyCompany per of the Service sonnel to repair or adjust Equipment and/or controls during the Term or a Renewal Term. and (oil)) utilize qualified personnel 10 properly operate the Equipment in accordance mlh the applicable operating manuals and recommended procedures. 18. General. Except as provided below, to the maximum extent provided by taw, this Agreement is made and shall be interpreted and enforced in accordance with the laves of the state or province in which Company Performs the Services. Any dispute arising under or roiat,ng to this Agreement shall be decided by [,l,gahcn in a Court of competent Jurisdiction located in the state or province in which the Services are performed. To the extent the premises are Owned and/or operated by any agency of the Untied Slates Federal Government, determinal,on of any substantive issue of law shall be according to the United Slates Federal Common law of Government contracts as enunciated and applied by Untied Slates Federal judicial bodies and boards of contract appeals of the United Slates Federal Government This Agreement contains all of the agreements, representations and understandings of the understandings, commitments or agreements, oral or written, related to the Senrces. If any term or contlibon of this Agreement is invalid, illegal or incapable 9 parties and supersede; all prew0us of being enforced by any rule Of law, all other Terms of this Agreement will nevertheless remain In full force and effect as long as the economic or legal Substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto Customer may not usslgn, transfer. Or convey this Agreement, or any part hereof. without the written consent of Company. Subject 10 the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each or which when executed shall be deemed to be an original, but all together shall consi lulp but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original Customer may not assign, transfer, or convey this Agreemenl, or any pan hereof. Or its right, title or interest herein, several without the counterparts paconsent of Company. Subject to the foregoing, this Agreemenl shall be binding upon and inure to the benefit of the parties' respective successors and assigns. No lettuce or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to De a waiver by the Company of any right or remedy. 19. Equal EmPloymont Opportunity/Affirmative Action Clause. Company is a federal contractor That complies fully with Executive Order 11246. as amended, and the applicable regulations contained th 41 Cli R. Parts 60-1 through 60.60. 29 U.S C. Section 793 and the apphallo regulations contained in 41 C.F.R Pan A to subpart and 3 A. U.g r Section 4212 and the applicable regulations contained ,n 41 C F R Part 60.250 Executive Order 13496 and Section 29 CFR 471. appendix A to subpart A, regarding the notice le employee rights In the United Slates find with Canadian Charter of Rights and Freedoms Schedule B to the Canada Ad 1962 (U K) 1987., c 11 and applicable Prov rival Human Rights Codes and emp'Oyth C lawIn Canada all U.S. Government Services. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge lhal all items or services ordered and delivered under this Agreement are Comme•cial items as defined under Part 12 of the Federal Acquisition Regulation (FAR) In Particular Company agrees 10 be bound only by those Federal contracting clauses that apply to 'commercial' suppliers and that are contained it FAR 52 212. 5(e)(1) Company complies with 52 219.8 or 52 219.9 in Its service and installation contracting business The following provision applies only to Indirect andalo sales by Company to the US Government. As a Commercial item Subcontractor, Company accepts only the follow r 8, 52.222.26: 52.222-35: 52 222-36: 52.222-39. 52.247.64 If the Services are in connection with a U.S Government contract, Customer ry now down cenih srithat it has provided and g o provide wricialrent. accurate. and compiele information, representations, and certifications to all the contracting Officer and a.Ticials OI the Small Business Administration, on all matters related to the prime contract, including but not fimitad loan aspects a 4s government officials, including but not limited Ip ownership, eligibility, and performance. Anything herein notvrilhslanding, Company will have no obligations to Customer unless and until Customer provides Company welh a true, Conany g and complete Official ref te copy of the prime conlracl Upon request. Customer well provide Copies to Company of all requested written communications viiU any government official related t0 the prime contract prior to or concurrent with the execution thereof, including but not limited to any COmmun,calions related l0 Customer's ownership, eltgiblFly, or performance of the prime contract. Customer will obtain written authorization and approval from Company prior r providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement. other Than the Proposal or This Agreement 21. limited Waiver of Sovereign Immufilly. If Customer is an Indian tribe (In the U S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly Organized corporate entity Or otherwise, for itself and for its agents, successors. and ass:gns. (1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims. lawsuit. or cause of action (herein 'Action') brought against Customer by Company and arising Or alleged to arise out of the furnishing by Company of any product or service tinder this Agreement, whether such Action is based in conlracl, ton, strict [,ability. Civil liability of any other legal theory, (2) agrees that jurisdiction and venue for any such Action shalt be proper and valid (a) ,f Cus!omer is fin the U S , in any stale or United Slates court located in the state in which Company is performing this Agreement or (b) if Customer is In Canada, In the Superior court Of the province or lemtory In which the work was Performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue. (4) waives any fequifemenl of exhaustion of tribal court or administrative remedies for any Action arising out o! or related to this Agreement, and (5) expressly acknowledges and agrees Iha! Company is not subject to the jurisdiction of Customer's tribal court or any similar el at forum, that Customer unit not bring any action against Company in tnbal noun, and that Customer will not avail itself of any ruling or dueclion of the Inbal court Permitting or directing it to suspend its Payment or other obligations under this Agreement The Individual Signincl on behalf of Customer warrants and represents that such individual is duly authorized 10 provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and accordance with its terms legally binding obligation of Customer, enforceable In �?AN= rECMHOLOGIE$ 1-26.130-7 (1024) Supersedes 1-26.130-7 (0724) Page 7 of 10 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Inrom-lation of Trane U.S. Inc. Q Packet Pg. 173 8.11.b Edmonds Public Safety - SA 2025 Proposal ID: 8052480 SECURITY ADDENDUM This Addndumon and use Trane equipmen and the e and provision of services.e Trane" shallmeanmeanlTraane U.S. c Ifor salesaatnnd services of he United S at st or Trane ClTrane hall Canada ULC for sales and services in Canada 1 Definitions. All terms used in this Addendum shall have the meaning specified in the Agreement unless otherwise defined herein For the purposes of this Addendum, the following terms are defined as follows: "Customer Data" means Customer account information as related to the Services only and does not include HVAC Machine Data or personal data. Trane does not require, nor shall Customer provide personal data to Trane under the Agreement. Such data is not required for Trane to provide its Equipment and/or Services to the Customer. "Equipment" shall have the meaning set forth in the Agreement. "HVAC Machine Data" means data generated and collected from the product or furnished service without manual entry. HVAC Machine Data is data relating to the physical measurements and operating conditions of a HVAC system, such as but not limited to, temperatures, humidity, pressure, HVAC equipment status. HVAC Machine Data does not include Personal Data and, for the purposes of this agreement, the names of users of Trane's controls products or hosted applications shall not be Personal Data, if any such user chooses to use his/her name(s) in the created accounts within the controls product (e.g., firstname.lastname@address.com). HVAC Machine Data may be used by Trane (a) to provide better support services and/or products to users of its products and services; (b) to assess compliance with Trane terms and conditions: (c) for statistical or other analysis of the collective characteristics and behaviors of product and services users; (d) to backup user and other data or information and/or provide remote support and/or restoration; (e) to provide or undertake: engineering analysis. failure analysis: warranty analysis; energy analysis, predictive analysis: service analysis; product usage analysis. and/or other desirable analysis, including, but not limited to. histories or trends of any of the foregoing; and (f) to otherwise understand and respond to the needs of users of the product or furnished service. "Personal Data" means data and/or information that is owned or controlled by Customer, and that names or identifies, or is about a natural Person, such as (i) data that is explicitly defined as a regulated category of data under any data privacy laws applicable to Customer, (ii) non-public personal information (' NPI") or personal information ("PI"), such as national identification number, passport number, social security number, social insurance number, or driver's license number, (iii) health or medical information, such as insurance information, medical prognosis, diagnosis information, or genetic information; (iv) financial information, such as a policy number, credit card number, and/or bank account number: (v) personally identifying technical information (whether transmitted or stored in cookies, devices, or otherwise), such as IP address, MAC address, device identifier, International Mobile Equipment Identifier (-IMEI"), or advertising identifier. (vi) biometric information, and/or (vii) sensitive personal data, such as, race, religion, marital status, disability, gender, sexual orientation, geolocation, or mother's maiden name. "Security Incident" shall refer to (i) a compromise of any network, system, application or data in which Customer Data has been accessed or acquired by an unauthorized third party: (ii) any situation where Trane reasonably suspects that such compromise may have occurred, or (iii) any actual or reasonably suspected unauthorized or illegal Processing, loss, use, disclosure or acquisition of or access to any Customer Data. "Services" shall have the meaning set forth in the Agreement. 2, HVAC Machine Data Access to Customer Extranet and Third Party Systems. If Customer grants Trane access to HVAC Machine Data via web portals or other non-public websiles or extranet services on Customer's or a third party's website or system (each, an "Extranet"), Trane will comply with the following: a. Accounts. Trane will ensure that Trane's personnel use only the Extranet account(s) designated by Customer and will require Trane personnel to keep their access credentials confidential. b. Systems. Trane will access the Extranet only through computing or processing systems or applications running operating systems managed by Trane that include (i) system network firewalls; (ii) centralized patch management: (iii) operating system appropriate anti-maiware software, and (iv) for portable devices, full disk encryption. c. Restrictions. Unless otherwise approved by Customer in writing, Trane will not download, mirror or permanently store any HVAC Machine Data from any Extranet on any medium, including any machines, devices or servers. d. Account Termination Trane will terminate the account of each of Trane's personnel in accordance with Trane's standard practices after any specific Trane personnel who has been authorized to access any Extranel (1) no longer needs access to HVAC Machine Data or (2) no longer qualifies as Trane personnel (e.g., the individual leaves Trane's employment). e. Third Party Systems. Trane will provide Customer prior notice before it uses any third party system that stores or may otherwise have access to HVAC Machine Data, unless (1) the data is encrypted and (2) the third party system will not have access to the decryption key or unencrypted "plain text" versions of the HVAC Machine Data. A N _ Page 8 of 10 © 2025 Trane Technologies All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. TELY. NO LOG I ES_ Packet Pg. 174 8.11.b Edmonds Public Safety - SA 2025 ProposalID 8052480 3. Customer Data Confidentiality. Trane shall keep confidential, and shall not access or use any Customer Data and information that is marked confidential or by its nature is considered confidential ("Customer Confidential Information") other than for the purpose of providing the Equipment and Services, and will disclose Customer Confidential Information Only: (i) to Trane's employees and agents who have a need to know to perform the Services, II as expressly permitted or instructed by Customer, or (iIi) to the minimum extent required to comply t( ) provides Customer with prompt written notice prior to any such disclosure and cooperate w thaw. ProvidedICTrane (1) ustomer to limit or prevent such disclosure. 4. Customer Data Com fiance with Laws. Trane agrees to comply with laws, regulations governmental requirements and industry Laws' ). standards and practices relating to Trane's processing of Customer Confidential Information (collectively, 5. Customer Data Information Secunt Management. Trane agrees to establish and maintain an information security and privacy program, consistent with applicable HVAC equipment industry practices that complies will) this Addendum and applicable Laws ('Information Security Program'). The Information Security Program shall include appropriate physical, technical and administrative safeguards, including any safeguards and controls agreed by the Parties in writing, sufficient to protect Customer systems, and Customer's Confidential Information from unauthorized access, destruction, use, modification or disclosure. The Information Security Program shall include appropriate, ongoing training and awareness programs designed to ensure that Trane's employees and agents, and others acting on Trane's, behalf are aware of and comply with the Information Security Program's policies, procedures, and protocols. 6. Monitoring Trane shall monitor and, at regular intervals consistent with HVAC equipment industry practices, test and evaluate the effectiveness of its Information Security Program. Trane shall evaluate and promptly adjust its Information Security Program in tight of the results of the testing and monitoring, any material changes to its operations or business arrangements, or any other facts or circumstances that Trane knows or reasonably should know may have a material impact on the security of Customer Confidential Information, Customer systems and Customer property. 7. Audits. Customer acknowledges and agrees that the Trane SOC2 audit report will be used to satisfy any and all audittinspection requests/requirements by or on behalf of Customer. Trane will make its SOC2 audit report available to Customer upon request and with a signed nondisclosure agreement. 8, Information Security Contact. Trane's information security contact is Local Sales Office. 9. Security Incident Management. Trane shall notify Customer after the confirmation of a Security Incident that affects Customer Confidential Information, Customer systems and Customer property The written notice shall summarize the nature and scope of the Security Incident and the corrective action already taken or planned. 10. Threat and Vulnerability Management. Trane regularly performs vulnerability scans and addresses detected vulnerabilities on a risk basis Periodically, Trane engages third -parties to perform network vulnerability assessments and penetration testing. Vulnerabilities will be reported in accordance with Trane's cybersecurity vulnerability reported process. Trane periodically provides security updates and software upgrades. 11. Security Training and Awareness. New employees are required to complete security training as part of the new hire process and receive annual and targeted training (as needed and appropriate to their role) thereafter to help maintain compliance with Security Policies, as well as other corporate policies, such as the Trane Code of Conduct. This Includes requiring Trane employees to annually re -acknowledge the Code of Conduct and other Trane policies as appropriate. Trane conducts periodic security awareness campaigns to educate personnel about their responsibilities and provide guidance to create and maintain a secure workplace. 12. Secure Disposal Policies. Trane will maintain policies, processes, and procedures regarding the disposal of tangible and Intangible property containing Customer Confidential Information so that wherever possible, Customer Confidential Information cannot be practicably read or reconstructed 13 Logical Access Controls. Trane employs internal monitoring and logging technology to help detect and prevent unauthorized access attempts to Trane's corporate networks and production systems. Trane's monitoring includes a review of changes affecting systems' handling authentication, authorization, and auditing, and privileged access to Trane production systems. Trane uses the principle of 'least privilege" (meaning access denied unless specifically granted) for access to customer data. 14. Contingency Planning/Disaster Recover. Trane will implement policies and procedures required to respond to an emergency or other occurrence (i.e. fire, vandalism, system failure, natural disaster) that could damage Customer Data or any system that contains Customer Data. Procedures include the following (i) Data backups; and (H) Formal disaster recovery plan. Such disaster recovery plan is tested at least annually. THAN= TECHNDLOGIES Page 9 of 10 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Packet Pg. 175 8.11.b Edmonds Public Safety - SA 2025 Proposal ID: 8052480 15. Return of Customer Data If Trane is responsible for storing or receiving Customer Data, Trane shall, at Customer's sole discretion, deliver Customer Data to Customer in its preferred format within a commercially reasonable period of time following the expiration or earlier termination of the Agreement or, such earlier tnme as Customemedia frarequests, s's Data destroy or render unreadable or undecipherable each and every original and copy in Trane's possession, custody or control no later than 190 days] after receipt of Customer's written instructions directing Trane to delete the Customer Data. e steps to ensure the lity of ts employees or other sonnel having 16. accessoTne to the Cu to erraDatah including ng the conl take ducting luct ng o appropriate background and/or verification checks in accordance with Trane policies. 17. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY APPLICABLE WARRANTIES IN THE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT AS TO SUCH SERVICES SHALL BE WITH CUSTOMER. TRANE DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. OR THAT THE SERVICES WILL OPERATE ERROR -FREE OR UNINTERRUPTED OR RETURN/RESPONSE TO INQUIRIES WITHIN ANY SPECIFIC PERIOD OF TIME. October 2024 Supersedes: November 2023v2 Page 10 of 10 © 2025 Trane Technologies. All Rights Reserved. 1 R ^ N = Confidential and Proprietary Information of Trane U.S. Inc. rE GM NO LOO I ES' Packet Pg. 176 8.12 City Council Agenda Item Meeting Date: 04/8/2025 AWC Energy Audit Grant Award Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Washington Clean Building Act (HB 1257, signed into law in 2019) mandates energy performance standards for existing commercial buildings, measurement and verification(M&V) for new energy usage standards start in 2026 for the largest buildings. Compliance for City of Edmonds buildings will begin in 2028 through 2030. Currently there is an early adoption incentive that being sought for buildings with measured and verified Energy Usage Intensity (EUI) in compliance with the new standards. The city has sought funding and energy auditing services for our existing buildings that will need to have verified compliance in the near future. April 2025, The Finance Director recommends no budget adjustment in the current period. Future revenues will be adjusted at a later date. Staff Recommendation Approve the acceptance the AWC Energy Audit (zero match) Grant award for $55,808.00 to conduct energy auditing services on the Consent Agenda. Narrative AWC has re -advertised in January 2025 for grant funding availability for existing government building energy auditing work scope to aid government in supporting measurement and verification of HB1257, know as the Clean Buildings Act. The Grant application was created by city staff supported by the City's Department of Commerce Certified Energy Services Contractor, McKinstry. A key component for compliance with HB 1257 is up-to-date energy audit information in support of an accurate and verifiable EUI for each building. The 60-day grant window required a joint effort to apply and contract for auditing services to be applied for in unison. With a zero match award there was no risk to the City or the ESCO contractor if the grant award was not issued. City Hall, Public Safety and Public Works will need to be in verifiable compliance with HB 1257 beginning 6/1/2028. Should these buildings be in compliance at an earlier date, there is the potential to receive early adoption credit from the state. Our goal is to have verifiable M&V data, updated EUI scores and supporting documentation for each of our required building by end of FY 2025. Attachments: AWC Grant Cert of Assurance AWC Grant AWC Subgrant Agreement Packet Pg. 177 8.12.a Certificate of Assurance I/we make the following assurance as a required element of my/our application, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract: 1. I/we declare that all answers and statements made in the application are true and correct. 2. I/we agree that submission of the attached application constitutes acceptance of the solicitation contents and the sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document. I/we have reviewed the sample contract and general terms and conditions and I/we (check one): ❑ submit proposed contract edits, attached to this form. ❑ submit no proposed contract edits. (default if neither box is checked) On behalf of the organization submitting this application, my signature below attests to the accuracy of the above statements as well as my authority to bind this organization. Signature Printed name and title Phil Williams Interim Public Works and Utilities Director Edmonds, WA 2/27/2025 Date Packet Pg. 178 8.12.b AWC Energy Audit Grant Program Request for applications (RFA) Response due date: September 13, 2024, through January 31, 2025 Eligibility: Washington cities and towns that own Tier 1 and Tier 2 covered buildings. Funding source and method: State funding administered through the Dept. of Commerce. Payments will be made on a reimbursement basis for deliverables accepted. RFA contents: 1. Purpose and background Pg. 2 2. Qualifications Pg 3 3. Funding Pg 3 4. Steps and timeframe Pg. 3 5. Application Pg 4 6. Evaluation and contract award Pg. 4 7. Audit requirements Pg 4 8. Reporting requirements Pg 5 9. General terms and conditions Pg 6 10. Contact information Pg 8 Packet Pg. 179 8.12.b Purpose and background The Association of Washington Cities (AWC) is initiating this Request for Applications (RFA) to solicit proposals from cities interested in grant funding for energy audits of city -owned Tier 1 and Tier 2 buildings by qualified energy auditors. The purpose of the grant funding is twofold: • To assist cities who own Tier 1 and Tier 2 covered buildings in completing energy audits. • To collect data on the costs for cities to comply with the state's Clean Buildings Performance Standard (CBPS). The Clean Buildings Law was passed in the 2019 legislative session and requires all covered commercial buildings in Washington to comply with the State Energy Performance Standard. This law intends to reduce greenhouse gas emissions and energy consumption in covered large commercial buildings. Mandatory compliance with the standard is sorted by building size. Tier 1 buildings Tier 2 buildings Commercial buildings greater than 50,000 sq. ft. Commercial buildings 20,000 to 50,000 sq. ft. and multifamily residential buildings greater than 20,000 square feet. Benchmarking, energy management plan and Benchmarking, energy management plan and operations and maintenance program requirements in operations and maintenance program requirements addition to meeting the investment criteria or energy of the CBPS. use intensity target performance metrics of the CBPS. Mandatory reporting July 1, 2027 Mandatory compliance begins June 1 of: • 2026 for 220,000+ sq. ft. • 2027 for 90,000+ sq. ft. • 2028 for 50,000+ sq. ft. —Rules are established and can be found in WAC 194- Rules are established and can be found in WAC 194- IF 50 1 50 See the Clean Buildings Performance Standard webpage for more details about compliance and deadlines. A "Tier 1 covered building" means a building where the sum of nonresidential, hotel, motel, and dormitory floor areas exceed 50,000 gross square feet, excluding the parking garage area. A "Tier 2 covered building" means a building where the sum of multifamily residential, nonresidential, hotel, motel, and dormitory floor areas exceeds 20,000 gross square feet, but does not exceed 50,000 gross square feet, excluding the parking garage area. Tier 2 covered buildings also include multifamily residential buildings where floor areas are equal to or exceed 50,000 gross square feet, excluding the parking garage area. 2023-25 Supplemental Capital Budget proviso: $4, 000, 000 of the appropriation in this section is provided solely for the association of Washington cities to provide funding for energy audits on city -owned tier 1 and tier 2 covered buildings and collect and manage data on the costs for cities to comply with the requirements of RCW 19.27A.210 and 19.27A.250. (a) The association of Washington cities may award grants to cities with qualifying buildings to assess current energy performance and determine the approximate costs of facility and system upgrades to meet state energy performance standards in chapter 19.27A RCW. (b) The association of Washington cities shall submit to the appropriate committees of the legislature no later than December 31, 2025, a report detailing the current energy performance of each city- owned tier 1 and tier 2 building for which an energy audit was completed with the funding provided in this subsection (5), and an estimate of the costs for bringing each building into compliance with the state energy perfonnance standards in chapter 19.27 RCW. OA Packet Pg. 180 8.12.b (c) Up to 12 percent of the amount of the grants awarded in (a) of this subsection may be retained by the association of Washington cities for administrative costs. Qualifications Applicant qualifications • Cities and towns that own Tier 1 or Tier 2 covered buildings. See background section for definition of a covered building. Project qualifications • Projects must be located in existing buildings owned by an eligible applicant located in Washington State. • The auditor must be a qualified energy auditor, per Commerce's specifications. • Audits must be completed by May 16, 2025. Funding AWC will fully or partially fund eligible Tier 1 and Tier 2 buildings, based on availability of funding. Funding will be awarded only for the cost of the audit, on a reimbursement basis. AWC will use a scoring rubric to determine awards. View the rubric on the program webpage. Priority will be given to: • Applicants who demonstrate a level of preparedness for compliance with the Clean Buildings Act, such as building assessments, planning, and budgeting. • Buildings that do not qualify for an exemption to the CBPS. Cities who have contracted for an energy audit between July 1, 2024, and the publication of this RFA may apply for the grant, provided they can meet the reporting requirements specified below. Cities who have conducted an energy audit prior to July 1, 2024, are not eligible for this funding. Steps and timeframe 1. City determines the need for an audit of one or more covered buildings. 2. City obtains an audit proposal from a "qualified person" (see Qualifications section for definition) and negotiates the cost of the energy audit. If City has a "qualified person" on staff, they may complete the audit proposal. 3. City applies to AWC for grant funding to cover the cost of the audit. 4. AWC announces "apparent successful applicant"; city enters into a subgrant agreement with AWC. 5. City contracts with auditor or completes the audit in house by a "qualified person" on staff. If contracting out: a. Auditor conducts the audit and submits required reporting to the city. b. City pays the auditor. 6. City submits required reports and invoice for services to AWC with a request for reimbursement. AWC recommends that cities with Tier 1 buildings follow Commerce's Early Adopter Incentive Program process, to ensure compliance with the CBPS. Estimated schedule AWC hosts online information session August 28, 2024 AWC Issues request for applications September 13, 2024 Applications due (contingent on available funding) Open September 13, 2024, through January 31, 2025 Application evaluation On oin Notification of "apparent successful applicant" Within six weeks from application submission Audits conducted OngoingOlilngoing until May 16, 2025 Required reporting and invoice due to AWC Within three months from award notice unless award notice is given less than three months from May 16, 2025. Then the audit report and invoice are due to AWC no later than May 16, 2025. 3 Packet Pg. 181 8.12.b Application AWC will accept applications on a rolling basis, between Sept. 13, 2024, and January 31, 2025. Application components: 1. Completed application form 2. A proposed audit scope of work, including: a. The systems to be evaluated b. The level of audit to be conducted c. The timeline to completion d. The cost, per building, to conduct the energy audit e. For Tier 1 buildings: the chosen compliance (EUIt or investment criteria) 3. Certification of assurance a. The form must have a signature of the individual within the organization authorized to bind the organization to the offer. Applications must be submitted electronically via the program webpage, along with the required documentation (i.e. audit scope of work and certification of assurance). Contact awcenergyauditgrant(a)awcnet.org with questions or requests for support. Evaluation and contract award Applications will be reviewed and qualified applications will be awarded as they are received until funding is exhausted. AWC will fully or partially fund eligible Tier 1 and Tier 2 buildings, based on availability of funding. Funding will be awarded only for the cost of the audit, on a reimbursement basis. AWC will use a scoring rubric to determine awards. View the rubric on the program webpage. Applicants will receive "apparent successful applicant" notification within six weeks of applying. Audit requirements The energy audit must analyze energy efficiency measures (EEMs) for systems such as lighting, HVAC equipment, building envelope, steam, chilled water, hot water systems, building controls, energy generation and distribution, and other energy consuming systems. The audit will contain a detailed analysis of the existing systems. The audit will include an evaluation of the economic performance and investment value of the EEMs (payback calculation and/or LCCA), which will meet the requirements of the CBPS. • The auditor must be a qualified energy auditor, per Commerce's specifications: o A person acting as the auditor of record, having training, expertise, and three years professional experience in building energy auditing, and any one of the following: ■ A licensed professional architect or engineer ■ A Building Energy Assessment Professional (BEAP) certified by the American Society of Heating, Refrigerating and Air -Conditioning Engineers (ASHRAE) • A Certified Energy Auditor (CEA) certified by the Association of ■ Energy Engineers (AEE) • The auditor must complete an energy audit in accordance with Section 8 of the Washington State CBPS. The audit must: o Include an audit summary in accordance with Normative Annex Z6.4 Form D of the Washington State CBPS. o Verify energy savings calculations of each EEM. o Verify that the combined savings of multiple EEM accounts for interactive effects. o Verify individual EEM costs evaluated by the energy audit. o Certify that the energy savings of the package of EEMs meets or exceeds projected energy savings in accordance with Section 9 of the CBPS. o For Tier 1 buildings that will not meet the EUlt and will be pursuing compliance through the investment criteria, the energy audit shall be an ASHRAE level 2 audit and include a life cycle cost analysis of all evaluated EEMs in accordance with Normative Annex X of the CBPS. 4 Packet Pg. 182 8.12.b o For Tier 1 buildings, the audit will identify opportunities for EEMs that, if implemented, would either meet the EUlt for the building or meet the investment criteria requirements of Normative Annex X of the CBPS. The auditor must complete a building improvement plan that includes: o A description of each Tier 1 or Tier 2 covered building and the building's systems including the physical address, building owner authorized representative name and contact information, and, for Tier 1 buildings, the CBPS Building ID. o The baseline energy consumption for each facility, including the data, methodology and variables used to compute the baseline, and the baseline calendar period. The calendar period must not be shorter than twelve consecutive months and shall be from within the previous 2 years prior to the energy audit. o Recommendations for replacement of existing equipment, along with recommendations for improvements to existing equipment and operating conditions (EEMs). o For Tier 1 buildings, the recommended EEMs to be installed in order to achieve compliance with the EUlt or if complying through the investment criteria. • The auditor shall check with the utility provider and provide rebate recommendations that align with identified EEMs. o The standards of comfort and service appropriate for the facility. o The estimated energy savings and energy cost savings that are expected from the installation of the energy efficiency equipment, and an explanation of the method or methods used to make the estimate. o The maximum allowable construction cost, itemized in detail. o Energy Use Intensity Calculations (Form C). Energy Star Portfolio Manager account for energy benchmarking, except buildings unable to meet Section 5.2, "Building Energy Monitoring" as referenced in Section Z6.3 of the CBPS. o For Tier 1 buildings, Energy Audit Forms (Form D) (Z6.4.1) and for buildings seeking compliance through the investment criteria, Annex X, Investment Criteria Tool (Form F) (Z6.5). The energy auditor will send the city the finalized audit and the building improvement plan. Reporting requirements Within three months of entering into the subgrant agreement with AWC, the city must submit the following to AWC: Audits of Tier 1 buildings: • Invoice demonstrating payment for the audit • A completed building improvement plan for each building included in the audit, including: o Compliance pathway, if applicable o Performance metric for each building o Estimated cost of meeting the Energy Performance Metric o Estimated cost of developing and implementing an energy management plan, as required by the CBPS o Estimated cost of developing and implementing an operations and maintenance program, as required by the CBPS • A completed Form D Audit Report Audits of Tier 2 buildings: • Invoice demonstrating payment for the audit • A completed building improvement plan for each building included in the audit, including: o The identified EEMs o Range of estimated costs to implement the EEMs o Estimated cost of developing and implementing an energy management plan, as required by the CBPS o Estimated cost of developing and implementing an operations and maintenance program, as required by the CBPS If the grant recipient finds that more than three months is needed to complete the audit and submit the required reporting, an extension may be requested. However, all work must be completed, and reports and reimbursement requests submitted no later than May 16, 2025. 5 Packet Pg. 183 8.12.b General terms and conditions The apparent successful applicant will be expected to enter into a full subgrant agreement with AWC. The agreement template will be available on AWC's program webpage. The applicant may submit proposed edits as allowed in the Certification of Assurance form. AWC will review requested edits and accept or reject the same at its sole discretion. Costs to propose AWC will not be liable for any costs incurred by the applicant in preparation of an application submitted in response to this RFA, in conduct of a presentation, or any other activities related to responding to this RFA No obligation to contract This RFA does not obligate AWC to contract for services specified herein. Rejection of responses AWC reserves the right at its sole discretion to reject any and all applications received without penalty and not to issue a contract as a result of this RFA. Commitment of funds The CEO of AWC or the CEO's delegate are the only individuals who may legally commit AWC to the expenditures of funds for a contract resulting from this RFA. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract. Insurance coverage The Subgrantee shall provide insurance coverage as set out in this section or shall provide self-insurance as set forth below. The intent of the required insurance is to protect AWC should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Subgrantee or agents of either, while performing under the terms of the Subgrant. Failure to maintain the required insurance coverage may result in termination of the Subgrant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name AWC, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Subgrantee shall provide AWC thirty (30) calendar days' advance notice of any insurance cancellation, non -renewal or modification. The Subgrantee shall submit to AWC within fifteen (15) calendar days of a written request by AWC, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Subgrant, if required or requested, the Subgrantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Subgrantee shall provide, at AWC's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that AWC will be provided thirty (30) days' advance written notice of cancellation. The Subgrantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Subgrant, as follows: Commercial general liability insurance policy. Provide a commercial general liability insurance policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Subgrant activity but no less than $1,000,000 per occurrence. Additionally, the Subgrantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. 6 Packet Pg. 184 8.12.b Cyber liability insurance. The Subgrantee shall maintain cyber liability insurance. The Subgrantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Subgrantee and licensed staff employed or under contract to the Subgrant. AWC, its agents, officers, and employees need not be named as additional insureds under this policy. Automobile liability. In the event that performance pursuant to this Subgrant involves the use of vehicles, owned or operated by the Subgrantee, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a combined single limit for bodily injury and property damage. Professional liability, errors and omissions insurance. The Subgrantee shall maintain professional liability or errors and omissions insurance. The Subgrantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Subgrantee and licensed staff employed or under Subgrant to the Subgrantee. AWC, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Subgrantee for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to the Subgrant shall be $100,000 or the highest of planned reimbursement for the Subgrant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name AWC Commerce as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through the Subgrant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name AWC and Commerce as beneficiary. Self-insurance programs Subgrantees may maintain a program of self-insurance or participate in a property/liability pool with adequate limits to comply with the Subgrant insurance requirements or as is customary to the contractor or Subgrantee's business, operations/industry, and the performance of its respective obligations under the Subgrant. AWC may waive the requirement to be specially named as an additional insured on policies, including public liability and business automobile, provided that the Subgrantee provides: 1. A description of its self-insurance program, and 2. A certificate and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance Program, the Washington State Auditor's reporting requirements and all related federal and state regulations. Subgrantees participating in a joint risk pool shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. AWC, its agents, and employees need not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Proprietary information The Subgrantee acknowledges that AWC is subject to chapter 42.56 RCW, the Public Records Act, and AWC acknowledges that the Subgrantee is subject to Chapter 42.56 RCW, the Public Records Act, and that the Subgrant will be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by the Subgrantee to be Proprietary Information must be clearly identified as such by the Subgrantee. To the extent consistent with chapter 42.56 RCW, AWC will maintain the confidentiality of the Subgrantee's information in its possession that is marked Proprietary. If a public disclosure request is made to view the Subgrantee's Proprietary Information, AWC will notify the Subgrantee of the request and of the date that such records will be released to the requester unless the Subgrantee obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the Subgrantee fails to obtain the court order enjoining disclosure, AWC will release the requested information on the date specified. 7 Packet Pg. 185 8.12.b Climate Commitment Act funding This grant is funded by the Climate Commitment Act (CCA) and administered through the Dept. of Commerce Commerce requires the grantee and subgrantees to agree that any website, announcement, press release, and/or publication (written, visual, or sound) used for media -related activities, publicity, and public outreach issued by or on behalf of the grantee which reference programs or projects funded in whole or in part with Washington's CCA funds under this Subgrant, shall contain the following statement: "The Energy Retrofits and Solar Power for Public Buildings program is supported with funding from Washington's Climate Commitment Act. The CCA supports Washington's climate action efforts by putting cap - and -invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov." The subgrantee must agree to ensure coordinated CCA branding on work completed by or on behalf of the subgrantee. The CCA logo must be used in the following circumstances, consistent with the branding guidelines posted at CCA brand toolkit, including: A. Any project related website or webpage that includes logos from other funding partners; B. Any publication materials that include logos from other funding partners; C. Any on -site signage including pre -during Construction signage and permanent signage at completed project sites; and D. Any equipment purchased with CCA funding through a generally visible decal. Contact information For questions about the grant opportunity, contact Brianna Morin, Legislative & Policy Analyst, at awcenergyauditgrant a awcnet ord or 360-753-4137. For technical assistance related to the performance standard and the energy audit, contact the Clean Buildings team at Dept. of Commerce. • Submit a request online using the CBPS Customer Support Form or • Email buildings(cDcommerce.wa.gov or • Call360-725-3105 E:3 Packet Pg. 186 Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 8.12.c o iF %of ( U111111(•1Y'C Subgrant Agreement with City of Edmonds through AWC Energy Audit Grant Program Subgrant Number: EAG25-15 For Energy Audits of City -owned Buildings FUNDED BY WASHINGTON'S The Energy Retrofits and Solar Power for Public Buildings program is CLIMATE 40 supported with funding from Washington's Climate Commitment Act. The CCA COMMITMENT supports Washington's climate action efforts by putting cap -and -invest dollars to work reducing climate pollution, creating jobs, and improving public health. ACT Information about the CCA is available at www.climate.wa.gov. Monday, July 1, 2024 Packet Pg. 187 Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 8.12.c Face sheet AWC Ene 1. Subgrantee City of Edmonds Subgrant Number: EAG25-15 Audit Grant Program 2. Subgrantee Doing Business As (as applicable) 3. Subgrantee Representative 4. AWC Representative Thom Sullivan Brianna Morin Facilities Manager Legislative Policy Analyst Thom.sullivan@edmondswa.gov Briannam@awcnet.org 5. Subgrant Amount 6. Start Date 7. End Date $55,808 July 1, 2024 May 31, 2025 8. UBI # 312-000-093 9. Subgrant Purpose The purpose of the grant is to: • Assist cities who own Tier 1 and Tier 2 covered buildings in completing energy audits. • Collect data on the costs for cities to comply with the state's Clean Buildings Performance Standard (CBPS). AWC and the Subgrantee, as defined above, acknowledge and accept the terms of this Subgrant and attachments and have executed this Subgrant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Subgrant are governed by this Subgrant and the following other documents incorporated by reference: Subgrantee General Terms and Conditions including Attachment "A" — Scope of Work; Attachment "B" — Budget & Budget Narrative; Attachment "C" — Reporting Requirements. This Subgrant shall be effective upon signature by both Parties ("Start Date"). The term ("Term") of this Subgrant shall begin on the Start Date and end on the End Date. This Subgrant shall remain in effect until such time as it is terminated as provided herein. FOR SUBGRANTEE V 3E9F993A7C924E0 [APPROVER] Acting Public works Director Date 3/12/2025 FOR AWC Deanna Dawson, CEO Date Page 2 of 17 Packet Pg. 188 8.12.c Docusign Envelope ID: D2A39712-13854-41D1 C-85D5-2CO28CECD823 Special terms and conditions 1. SUBGRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Subgrant. The Representative for AWC and their contact information are identified on the Face Sheet of this Subgrant. The Representative for the Subgrantee and their contact information are identified on the Face Sheet of this Subgrant. 2. ACKNOWLEDGEMENT OF CLIMATE COMMITMENT ACT FUNDING This Subgrant is funded through grant funds provided to the AWC from the Washington State Department of Commerce ("Commerce") from Washington's Climate Commitment Act ("CCA") appropriated pursuant to Sec. 1002. 2023 c 474 s 1007, providing funding for 2023-25 Energy Retrofits and Solar Power for Public Buildings to the AWC to fund energy audits on city -owned tier 1 and tier 2 covered buildings and collect and manage data on the costs for cities to comply with the requirements of RCW 19.27A.210 and 19.27A.250. This Subgrant is funded in whole by funds provided to AWC under the CCA pursuant to Commerce Grant Number 24-92601-012, dated July 29, 2024 (the "Commerce Grant"), as a subgrant of the Commerce Grant, Subgrantee agrees that any website, announcement, press release, and/or publication (written, visual, or sound) used for media -related activities, publicity, and public outreach issued by or on behalf of Subgrantee which reference programs or projects funded in whole or in part with Washington's Climate Commitment Act (CCA) funds under this Subgrant, shall contain the following statement: "The Energy Retrofits and Solar Power for Public Buildings program is supported with funding from Washington's Climate Commitment Act. The CCA supports Washington's climate action efforts by putting cap -and -invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov." The Subgrantee agrees to ensure coordinated CCA branding on work completed by or on behalf of the Subgrantee. The CCA logo must be used in the following circumstances, consistent with the branding guidelines posted at CCA brand toolkit, including: A. Any project related website or webpage that includes logos from other funding partners; B. Any publication materials that include logos from other funding partners; C. Any on -site signage including pre- and during Construction signage and permanent signage at completed project sites; and D. Any equipment purchased with CCA funding through a generally visible decal. 3. COMPENSATION Funds under this Subgrant may only be used to pay for eligible services described in the AWC-approved Scope of Work (Attachment A). AWC shall pay, solely from and to the extent of funds received from Commerce under the Commerce Grant, an amount not to exceed $55,808 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work (Attachment A), within the Budget (Attachment B). Subgrantee's compensation for services rendered shall be based on the terms of the Scope of Work and Budget (Attachment B). If Subgrantee is unable to meet the requirements of this Subgrant for any reason during the Term of the Subgrant, the Subgrantee shall immediately notify AWC to negotiate a revised Scope of Work and Budget subject to AWC's approval. In the event state funds appropriated for the Scope of Work contemplated under this Subgrant are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of Commerce, and the parties hereto shall meet and renegotiate the Subgrant accordingly. AWC makes no commitment of future support of Subgrantee and assumes no obligation for future support of the Scope of Work except as specifically provided for in this Subgrant. Page 3 of 17 Packet Pg. 189 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 4. BILLING PROCEDURES AND PAYMENT AWC will pay Subgrantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for AWC. Final invoices for the state fiscal year ending June 30 may be due sooner; AWC will provide notification of the end of fiscal year due date. The invoice, including any attachments to the invoice, shall describe and document, to AWC's satisfaction, a description of the work performed, the progress of the project, and fees. If Commerce requires any additional detail, including any additional documentation, regarding work performed, progress of the project and fees, Subgrantee shall provide such additional detail and documentation. Each invoice shall include a "Cost Certification" of an Authorized Representative of the Subgrantee that invoiced amounts include only eligible amounts under this Subgrant and that Subgrantee has satisfied all requirements in the Scope of Work due to date. The invoice shall include the Grant Number EAG25-15. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. 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 Subgrantee. AWC may, in its sole discretion, terminate the Subgrant or withhold payments claimed by the Subgrantee for services rendered if the Subgrantee fails to satisfactorily comply with any term or condition of this Subgrant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by AWC. Duplication of billed costs The Subgrantee shall not bill AWC for services performed under this Agreement, and AWC shall not pay the Subgrantee, if the Subgrantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed costs The Subgrantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. AWC may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by AWC of the final report (or completion of the project, etc.). 5. SUBGRANTEE DATA COLLECTION Subgrantee will submit reports, in a form and format to be provided by AWC, regarding work under this Subgrant performed by subgrantees and the portion of Subgrant funds expended for work performed by subgrantees, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subgrantees. "Subgrantees" shall mean subgrantees of any tier. Subgrantee shall provide reports to AWC as set forth in the Reporting Requirements (Attachment C) SUBGRANTEE'S PROPRIETARY INFORMATION The Subgrantee acknowledges that AWC is subject to chapter 42.56 RCW, the Public Records Act, and AWC acknowledges that the Subgrantee is subject to Chapter 42.56 RCW, the Public Records Act, and that this Subgrant will be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by the Subgrantee to be Proprietary Information must be clearly identified as such by the Subgrantee. To the extent consistent with chapter 42.56 RCW, AWC will maintain the confidentiality of the Subgrantee's information in its possession that is marked Proprietary. If a public disclosure request is made to view the Subgrantee's Proprietary Information, AWC will notify the Subgrantee of the request and of the date that such records will be released to the requester unless the Subgrantee obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the Subgrantee fails to obtain the court order enjoining disclosure, AWC will release the requested information on the date specified. 7. INSURANCE The Subgrantee shall provide insurance coverage as set out in this section or shall provide self-insurance as set forth in Section 8. The intent of the required insurance is to protect AWC should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Subgrantee or agents of Page 4 of 17 Packet Pg. 190 8.12.c Docusign Envelope ID: D2A39712-B854-4D1 C-85D5-2CO28CECD823 either, while performing under the terms of this Subgrant. Failure to maintain the required insurance coverage may result in termination of this Subgrant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name AWC, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Subgrantee shall provide AWC thirty (30) calendar days' advance notice of any insurance cancellation, non -renewal or modification. The Subgrantee shall submit to AWC within fifteen (15) calendar days of a written request by AWC, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Subgrant, if required or requested, the Subgrantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Subgrantee shall provide, at AWC's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that AWC will be provided thirty (30) days' advance written notice of cancellation. The Subgrantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Subgrant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Subgrant activity but no less than $1,000,000 per occurrence. Additionally, the Subgrantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Cyber Liability Insurance: The Subgrantee shall maintain Cyber Liability Insurance. The Subgrantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Subgrantee and licensed staff employed or under contract to the Subgrant. AWC, its agents, officers, and employees need not be named as additional insureds under this policy. Automobile Liability. In the event that performance pursuant to this Subgrant involves the use of vehicles, owned or operated by the Subgrantee, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Subgrantee shall maintain Professional Liability or Errors and Omissions Insurance. The Subgrantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Subgrantee and licensed staff employed or under Subgrant to the Subgrantee. AWC, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Subgrantee for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Subgrant shall be $100,000 or the highest of planned reimbursement for the Subgrant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name AWC Commerce as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through this Subgrant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name AWC and Commerce as beneficiary. 8. SELF-INSURANCE PROGRAMS Subgrantees may maintain a program of self-insurance or participate in a property/liability pool with adequate limits to comply with the Subgrant insurance requirements or as is customary to the contractor or Subgrantee's business, operations/industry, and the performance of its respective obligations under this Subgrant. AWC may waive the requirement to be specially named as an additional insured on policies, including Public Liability and Business Automobile, provided that the Subgrantee provides: (1) a description of its self-insurance program, and Page 5 of 17 Packet Pg. 191 8.12.c Docusign Envelope ID: DM9712-13854-41D1 C-85D5-2CO28CECD823 (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance Program, the Washington State Auditor's reporting requirements and all related federal and state regulations. Subgrantees participating in a joint risk pool shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. AWC, its agents, and employees need not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. 9. FRAUD AND OTHER LOSS REPORTING Subgrantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Subgrant immediately or as soon as practicable to the AWC Representative identified on the Face Sheet. 10.ORDER OF PRECEDENCE In the event of an inconsistency in this Subgrant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget • Attachment C — Reporting Requirements Page 6 of 17 Packet Pg. 192 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 General terms and conditions 1. DEFINITIONS As used throughout this Subgrant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Subgrantee's duly authorized representative and/or the designee duly authorized in writing to act on such representative's behalf. B. "AWC" shall mean the Association of Washington Cities. C. "Subgrant" means the entire written agreement between AWC and the Subgrantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this Subgrant shall be the same as delivery of an original D. "Subgrantee" shall mean the entity identified on the face sheet performing service(s) under this Subgrant, and shall include all employees and agents of the Subgrantee. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State" shall mean the state of Washington. G. "Agent" shall mean one not in the employment of the Subgrantee, who is performing all or part of those services under this Subgrant under a separate Contract with the Subgrantee. The terms "agent" mean subgrantee/subcontractor(s) in any tier. 2. ACCESS TO DATA The Subgrantee shall provide access to data generated under this Subgrant to AWC, Commerce, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Subgrantee's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Subgrant shall be made by AWC. 4. ALL WRITINGS CONTAINED HEREIN This Subgrant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Subgrant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Subgrant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The Subgrantee 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. 7. ASSIGNMENT Neither this Subgrant, nor any claim arising under this Subgrant, shall be transferred or assigned by the Subgrantee without prior written consent of AWC. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Subgrant, in the event of litigation or other action brought to enforce Subgrant terms, each party agrees to bear its own attorneys' fees and costs. 9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Subgrantee by AWC that is designated as "confidential" by AWC; ii. All material produced by the Subgrantee that is designated as "confidential" by AWC; and iii. All Personal Information in the possession of the Subgrantee that may not be disclosed under state or federal law. Page 7 of 17 Packet Pg. 193 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 B. The Subgrantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Subgrantee shall use Confidential Information solely for the purposes of this Subgrant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of AWC or as may be required by law. The Subgrantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Subgrantee shall provide AWC with its policies and procedures on confidentiality. AWC may require changes to such policies and procedures as they apply to this Subgrant whenever AWC reasonably determines that changes are necessary to prevent unauthorized disclosures. The Subgrantee shall make the changes within the time period specified by AWC. Upon request, the Subgrantee shall immediately return to AWC any Confidential Information that AWC reasonably determines has not been adequately protected by the Subgrantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Subgrantee shall notify AWC within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 10. CONFLICT OF INTEREST Subgrantee must maintain and comply with written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. Subgrantee must comply with the following minimum requirements: D. No employee, officer, or agent may participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the Subgrantee may neither solicit nor accept gratuities, favors, or anything of monetary value from Subgrantees or parties to subcontracts and must comply with Chap. 42,23 RCW. However, Subgrantee may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Subgrantee. E. If the Subgrantee has a parent, affiliate, or subsidiary organization that is not a state, local government, or federally recognized tribe, the Subgrantee must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the Subgrantee is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Subgrant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by Commerce. Commerce shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Subgrantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to Commerce effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Subgrant, but that incorporate pre-existing materials not produced under the Subgrant, the Subgrantee hereby grants to AWC and Commerce a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Subgrantee warrants and represents that the Subgrantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to Commerce. The Subgrantee shall exert all reasonable effort to advise AWC, at the time of delivery of Materials furnished under this Subgrant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Subgrant. The Subgrantee shall provide AWC with prompt written notice of each notice or claim of infringement received by the Subgrantee with respect to any Materials delivered under this Subgrant. AWC and Commerce shall have the right to modify or remove any restrictive markings placed upon the Materials by the Subgrantee. Page 8 of 17 Packet Pg. 194 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 12. DISPUTES In the event that a dispute arises under this Subgrant, the parties will use their best efforts to amicably resolve any dispute, including use of alternative dispute resolution options. In the event that a dispute arises under the Commerce Grant, Subgrant shall cooperate with AWC in resolving the dispute thereunder, providing documentation and other information as requested by AWC. In the event that Commerce seeks to enforce Subgrant's obligations hereunder, Subgrantee shall use its best efforts to amicably resolve such dispute, including use of alternative dispute resolution options. 13. DUPLICATE PAYMENT AWC shall not pay the Subgrantee, if the Subgrantee has charged or will charge the State of Washington or any other party under any other Subgrant or agreement, for the same services or expenses. 14. GOVERNING LAW AND VENUE This Subgrant 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 the Superior Court for Thurston County. 15. INDEMNIFICATION To the fullest extent permitted by law, the Subgrantee shall indemnify, defend, and hold harmless the state of Washington, Commerce, AWC, agencies of the state and all officials, agents and employees of the state and AWC, from and against all claims for injuries or death arising out of or resulting from the performance of the Subgrant. "Claim" as used in this Subgrant, 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 the destruction of tangible property including loss of use resulting therefrom. The Subgrantee's obligation to indemnify, defend, and hold harmless includes any claim by Subgrantee's agents, employees, representatives, or any subgrantee or its employees. The Subgrantee's obligation shall not include such claims that may be caused by the sole negligence of the State or AWC or their agencies, officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) the State, AWC or their agents or employees and (b) the Subgrantee, its subcontractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subgrantee or its subgrantees, agents, or employees. The Subgrantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE SUBGRANTEE The parties intend that an independent Subgrantee relationship will be created by this Subgrant. The Subgrantee and its employees or agents performing under this Subgrant are not employees or agents of the state of Washington, Commerce, or AWC. The Subgrantee will not hold itself out as or claim to be an officer or employee of Commerce, AWC, or of the state of Washington by reason hereof, nor will the Subgrantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Subgrantee. 17. INDUSTRIAL INSURANCE COVERAGE The Subgrantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Subgrantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, AWC may collect from the Subgrantee the full amount payable to the Industrial Insurance Accident Fund. AWC may deduct the amount owed by the Subgrantee to the accident fund from the amount payable to the Subgrantee by AWC under this Subgrant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Subgrantee. 18. LAWS The Subgrantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING, ACCREDITATION AND REGISTRATION The Subgrantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Subgrant. Page 9 of 17 Packet Pg. 195 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 20. LIMITATION OF AUTHORITY Only the Chief Executive Officer of AWC or the CEO'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 Subgrant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Subgrant is not effective or binding unless made in writing and signed by the Authorized Representative and the Chief Executive Officer of AWC or the CEO's delegate. 21. NONDISCRIMINATION A. Nondiscrimination Requirement. During the performance of this Subgrant, the SUBGRANTEE, including any subcontractor, shall comply with all federal, state, and local nondiscrimination laws, regulations and policies, this shall include but not be limited to the following: SUBGRANTEE, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, SUBGRANTEE, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which SUBGRANTEE, or subcontractor, has a collective bargaining or other agreement. The funds provided under this Subgrant shall not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this Subgrant. B. Obligation to Cooperate. SUBGRANTEE, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that SUBGRANTEE, including any subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3). C. Default. Notwithstanding any provision to the contrary, AWC or COMMERCE may suspend SUBGRANTEE, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until AWC and COMMERCE receive notification that SUBGRANTEE, including any subcontractor, is cooperating with the investigating state agency. In the event SUBGRANTEE, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), AWC or COMMERCE may terminate this Subgrant in whole or in part, and SUBGRANTEE, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. SUBGRANTEE or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court - ordered injunctive relief or settlement agreement. D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Subgrant termination or suspension for engaging in discrimination, SUBGRANTEE, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original Subgrant and the replacement or cover Subgrant and all administrative costs directly related to the replacement Subgrant, e.g., cost of the competitive bidding, mailing, advertising and staff time , which damages are distinct from any penalties imposed under Chapter 49.60, RCW. SUBGRANTEE may also be required to repay subgrant funds pursuant to Section 25 (Recapture) of the General Terms & Conditions if the Agreement is terminated based on a violation of the nondiscrimination requirement. AWC shall have the right to deduct from any monies due to SUBGRANTEE or subcontractor, or that thereafter become due, an amount for damages SUBGRANTEE or subcontractor will owe AWC for default under this provision. 22. PAY EQUITY The Subgrantee agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: A. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; B. Subgrantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: I. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job -related factor or factors; or a bona fide regional difference in compensation levels. ii. A bona fide job -related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender -based differential; and accounts for the entire differential. III. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender -based differential; and account for the entire differential. This Subgrant may be terminated by the AWC, if AWC, Commerce, or the Department of Enterprise Services determines that the Subgrantee is not in compliance with this provision. Page 10 of 17 Packet Pg. 196 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 23. POLITICAL ACTIVITIES Political activity of Subgrantee's employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PUBLICITY The Subgrantee agrees not to publish or use any advertising or publicity materials in which the state of Washington, AWC, or Commerce's name is mentioned, or language used from which the connection with the state of Washington's, AWC's or Commerce's name may reasonably be inferred or implied, without the prior written consent of AWC. 25. RECAPTURE In the event that the Subgrantee fails to perform this Subgrant in accordance with state laws, federal laws, and/or the provisions of this Subgrant, AWC reserves the right to recapture funds in an amount to compensate AWC for the noncompliance (including recaptured amounts AWC is required to provide to Commerce under the Commerce Grant) in addition to any other remedies available at law or in equity. Repayment by the Subgrantee of funds under this recapture provision shall occur within the time period specified by AWC. In the alternative, AWC may recapture such funds from payments due under this Subgrant. 26. RECORDS MAINTENANCE The Subgrantee shall maintain books, records, documents, data and other evidence relating to this Subgrant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Subgrant. The Subgrantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Subgrant, shall be subject at all reasonable times to inspection, review or audit by AWC, personnel duly authorized by AWC, Commerce, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Subgrantee shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Subgrantee shall provide right of access to its facilities to AWC, 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 Subgrant. 29. SAVINGS In the event funding for this Subgrant from Commerce or any other state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Subgrant and prior to normal completion, AWC may suspend or terminate the Subgrant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Subgrant may be amended to reflect the new funding limitations and conditions. 30. SEVERABILITY The provisions of this Subgrant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Subgrant. 31. SITE SECURITY While on AWC premises, Subgrantee, its agents, employees, or subgrantees shall conform in all respects with physical, fire or other security policies or regulations. Page 11 of 17 Packet Pg. 197 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 32. SUBGRANTING/SUBCONTRACTING The Subgrantee may only subgrant/subcontract with an outside Agent contemplated under this Subgrant if it obtains the prior written approval of AWC. If AWC approves subgranting/subcontracting, the Subgrantee shall maintain written procedures related to subgranting, as well as copies of all subgrants/subcontract and records related to subgrants/subcontracts. For cause, AWC in writing may: (a) require the Subgrantee to amend its subgranting/subcontracting procedures as they relate to this Subgrant; (b) prohibit the Subgrantee from subgranting/subcontracting with a particular person or entity; or (c) require the Subgrantee to rescind or amend a subgrant/subcontract. Every subgrant/subcontract shall bind the Subgrantee/Subcontractor to follow all applicable terms of this Subgrant. The Subgrantee is responsible to AWC if the Subgrantee/Subcontractor fails to comply with any applicable term or condition of this Subgrant. The Subgrantee shall appropriately monitor the activities of the Subgrantee/Subcontractor to assure fiscal conditions of this Subgrant. In no event shall the existence of a subgrant/subcontract operate to release or reduce the liability of the Subgrantee to AWC for any breach in the performance of the Subgrantee's duties. Every subgrant/subcontract shall include a term that AWC, Commerce, and the State of Washington are not liable for claims or damages arising from a Subgrantee/Subcontractor's performance of the subgrant/subcontract. 33. SURVIVAL The terms, conditions, and warranties contained in this Subgrant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Subgrant shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Subgrantee's income or gross receipts, any other taxes, insurance or expenses for the Subgrantee or its staff shall be the sole responsibility of the Subgrantee. 35. TERMINATION FOR CAUSE In the event AWC or Commerce determines the Subgrantee has failed to comply with the conditions of this Subgrant in a timely manner, AWC has the right to suspend or terminate this Subgrant. Before terminating the Subgrant, AWC shall notify the Subgrantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Subgrant may be terminated. In the event of termination or suspension, the Subgrantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Subgrant and the replacement or cover Subgrant and all administrative costs directly related to the replacement Subgrant, e.g., cost of the competitive bidding, mailing, advertising and staff time. AWC reserves the right to suspend all or part of the Subgrant, withhold further payments, or prohibit the Subgrantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Subgrantee or a decision by AWC or Commerce to terminate the Subgrant. A termination shall be deemed a "Termination for Convenience" if it is determined that the Subgrantee: (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 AWC and Commerce provided in this Subgrant are not exclusive and are, in addition to any other rights and remedies, provided by law or in equity, including terminating the Subgrant and/or instituting and prosecuting any proceeding at law or in equity to abate, prevent, or enjoin any such violation or to compel specific performance by Subgrantee of its obligations hereunder. 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Subgrant, AWC may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Subgrant, in whole or in part. If this Subgrant is so terminated, AWC shall be liable only for payment required under the terms of this Subgrant for services rendered or goods delivered prior to the effective date of termination. 37. TERMINATION PROCEDURES Upon termination of this Subgrant, AWC, in addition to any other rights provided in this Subgrant, may require the Subgrantee to deliver to Commerce any property specifically produced or acquired for the performance of such part of this Subgrant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. Page 12 of 17 Packet Pg. 198 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 AWC shall pay to the Subgrantee (solely from and to the extent of funds provided by Commerce for this purpose) the agreed upon price, if separately stated, for completed work and services accepted by Commerce, and the amount agreed upon by the Subgrantee and Commerce for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by Commerce, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Director of Commerce shall determine the extent of the liability of Commerce. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Subgrant. AWC may withhold from any amounts due the Subgrantee such sum as AWC determines to be necessary to protect AWC and Commerce against potential loss or liability. The rights and remedies of Commerce provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Subgrant. After receipt of a notice of termination, and except as otherwise directed by Commerce or the AWC, the Subgrantee shall: A. Stop work under the Subgrant on the date, and to the extent specified, in the notice; B. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Subgrant that is not terminated; C. Assign to Commerce, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Subgrantee under the orders and subgrants/subcontracts so terminated, in which case Commerce has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subgrants/subcontracts, with the approval or ratification of Commerce to the extent Commerce may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to Commerce and deliver in the manner, at the times, and to the extent directed by Commerce any property which, if the Subgrant had been completed, would have been required to be furnished to Commerce; F. Complete performance of such part of the work as shall not have been terminated by Commerce; and G. Take such action as may be necessary, or as Commerce may direct, for the protection and preservation of the property related to this Subgrant, which is in the possession of the Subgrantee and in which Commerce has or may acquire an interest. 38. TREATMENT OF ASSETS Title to all property furnished by Commerce shall remain in Commerce. Title to all property furnished by the Subgrantee, for the cost of which the Subgrantee is entitled to be reimbursed as a direct item of cost under this Subgrant, shall pass to and vest in Commerce upon delivery of such property by the Subgrantee. Title to other property, the cost of which is reimbursable to the Subgrantee under this Subgrant, shall pass to and vest in Commerce upon (i) issuance for use of such property in the performance of this Subgrant, or (ii) commencement of use of such property in the performance of this Subgrant, or (iii) reimbursement of the cost thereof by AWC or Commerce in whole or in part, whichever first occurs. A. Any property of AWC or Commerce furnished to the Subgrantee shall, unless otherwise provided herein or approved by AWC or Commerce, as applicable, be used only for the performance of this Subgrant. B. The Subgrantee shall be responsible for any loss or damage to property of AWC or Commerce that results from the negligence of the Subgrantee or which results from the failure on the part of the Subgrantee to maintain and administer that property in accordance with sound management practices. C. If any AWC or Commerce property is lost, destroyed or damaged, the Subgrantee shall immediately notify AWC or Commerce, as applicable, and shall take all reasonable steps to protect the property from further damage. D. The Subgrantee shall surrender to AWC all property of AWC and shall surrender to Commerce all property of Commerce prior to settlement upon completion, termination or cancellation of this Subgrant. E. All reference to the Subgrantee under this clause shall also include Subgrantee's employees, agents or Subgrantees/Subcontractors. 39. WAIVER 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 Subgrant unless stated to be such in writing and signed by AWC. 40. THIRD PARTY BENEFICIARY Commerce is a third -party beneficiary of this Subgrant and shall have the right to enforce this Subgrant directly against the Subgrantee. Page 13 of 17 Packet Pg. 199 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 Attachment A: Scope of Work Background The purpose of the grant is to assist cities who own Tier 1 and Tier 2 covered buildings in completing energy audits and collect data on the costs for cities to comply with the state's Clean Buildings Performance Standard (CBPS). AWC will fully or partially fund eligible Tier 1 and Tier 2 buildings, based on availability of funding. Funding will be awarded only for the cost of the audit, on a reimbursement basis. Subgrantee responsibilities The subgrantee will contract with a qualified energy auditor to conduct an energy audit of the city's qualifying buildings and submit reporting materials and invoicing as outlined in Attachment C. The audit will contain a detailed analysis of the existing systems. The audit will include an evaluation of the economic performance and investment value of the EEMs (payback calculation and/or LCCA), which will meet the requirements of the CBPS. • The auditor must be a qualified energy auditor, per Commerce's specifications: o A person acting as the auditor of record, having training, expertise, and three years professional experience in building energy auditing, and any one of the following: • A licensed professional architect or engineer • A Building Energy Assessment Professional (BEAP) certified by the American Society of Heating, Refrigerating and Air -Conditioning Engineers (ASHRAE) • A Certified Energy Auditor (CEA) certified by the Association of • Energy Engineers (AEE) • The auditor must complete an energy audit in accordance with Section 8 of the Washington State CBPS. The audit must: o Include an audit summary in accordance with Normative Annex Z6.4 Form D of the Washington State CBPS. o Verify energy savings calculations of each EEM. o Verify that the combined savings of multiple EEM accounts for interactive effects. o Verify individual EEM costs evaluated by the energy audit. o Certify that the energy savings of the package of EEMs meets or exceeds projected energy savings in accordance with Section 9 of the CBPS. o For Tier 1 buildings that will not meet the EUlt and will be pursuing compliance through the investment criteria, the energy audit shall be an ASHRAE level 2 audit and include a life cycle cost analysis of all evaluated EEMs in accordance with Normative Annex X of the CBPS. o For Tier 1 buildings, the audit will identify opportunities for EEMs that, if implemented, would either meet the EUlt for the building or meet the investment criteria requirements of Normative Annex X of the CBPS. • The auditor must complete a building improvement plan that includes: o A description of each Tier 1 or Tier 2 covered building and the building's systems including the physical address, building owner authorized representative name and contact information, and, for Tier 1 buildings, the CBPS Building ID. o The baseline energy consumption for each facility, including the data, methodology and variables used to compute the baseline, and the baseline calendar period. The calendar period must not be shorter than twelve consecutive months and shall be from within the previous 2 years prior to the energy audit. o Recommendations for replacement of existing equipment, along with recommendations for improvements to existing equipment and operating conditions (EEMs). o For Tier 1 buildings, the recommended EEMs to be installed in order to achieve compliance with the EUlt or if complying through the investment criteria. • The auditor shall check with the utility provider and provide rebate recommendations that align with identified EEMs. o The standards of comfort and service appropriate for the facility. Page 14 of 17 Packet Pg. 200 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 o The estimated energy savings and energy cost savings that are expected from the installation of the energy efficiency equipment, and an explanation of the method or methods used to make the estimate. o The maximum allowable construction cost, itemized in detail. o Energy Use Intensity Calculations (Form C). Energy Star Portfolio Manager account for energy benchmarking, except buildings unable to meet Section 5.2, "Building Energy Monitoring" as referenced in Section Z6.3 of the CBPS. o For Tier 1 buildings, Energy Audit Forms (Form D) (Z6.4.1) and for buildings seeking compliance through the investment criteria, Annex X, Investment Criteria Tool (Form F) (Z6.5). The energy auditor will send the city the finalized audit and the building improvement plan. The city will perform an energy audit on the following city -owned buildings: 121 5th Avenue N, Edmonds, WA 98020 250 5th Avenue N, Edmonds WA 98020 7110 210th Street SW, Edmonds, WA 98206 Page 15 of 17 Packet Pg. 201 Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 8.12.c Attachment B: Budget Budget Grant amount: $55,808 Budget narrative Grant funds will be used as follows: $20,444 will be used for an energy audit of the city -owned building located at 121 5th Avenue N, Edmonds, WA 98020 $18,564 will be used for an energy audit of the city -owned building located at 250 5th Avenue N, Edmonds WA 98020 $16,800 will be used for an energy audit of the city -owned building located at 7110 210th Street SW, Edmonds, WA 98206 Funds will be used to pay the costs of energy audits by a qualified energy auditor Page 16 of 17 Packet Pg. 202 8.12.c Docusign Envelope ID: D2A39712-B854-4D1C-85D5-2CO28CECD823 Attachment C: Reporting Requirements No later than May 31, 2025, the city must submit the following to AWC: Audits of Tier 1 buildings: • Invoice demonstrating payment for the audit • A completed building improvement plan for each building included in the audit, including: o Compliance pathway, if applicable o Performance metric for each building o Estimated cost of meeting the Energy Performance Metric o Estimated cost of developing and implementing an energy management plan, as required by the CBPS o Estimated cost of developing and implementing an operations and maintenance program, as required by the CBPS • A completed Form D Audit Report Audits of Tier 2 buildings: • Invoice demonstrating payment for the audit • A completed building improvement plan for each building included in the audit, including: o The identified Energy Efficiency Measures (EEMs) o Range of estimated costs to implement the EEMs o Estimated cost of developing and implementing an energy management plan, as required by the CBPS o Estimated cost of developing and implementing an operations and maintenance program, as required by the CBPS All work must be completed, and reports and reimbursement requests submitted, no later than May 31, 2025. Page 17 of 17 Packet Pg. 203 9.1 City Council Agenda Item Meeting Date: 04/8/2025 Title 18 Code Updates for Utilities on ROW Staff Lead: Phil Williams/Jeff Taraday Department: Engineering Preparer: Emiko Rodarte Background/History Staff Recommendation This item is being presented for information and staff will present the proposed code revisions at a future meeting. Narrative The city's Public Works/Engineering Division oversees use of city right of way. While the primary purpose of city right of way is travel, a secondary use is placement of utilities. The city's engineering division manages the various gas, cable, telecommunications, power, and other facilities that crisscross the right-of-way. When right-of-way users do not comply with conditions of city issued right of way permits or do work not in compliance with city policies, it tends to create clutter, require extra staff time, increase city incurred costs, and frustrate city efforts to provide a reasonably safe right-of-way for the traveling public. Recent wind storms and fires have illustrated how undergrounding of overhead utilities aids public safety and is in the public interest. To the extent the city undertakes street improvement projects, the city may desire an ability to effectuate undergrounding cost-effectively and with utilities paying their fair share to the extent authorized under law. A clear code and current franchise agreements can aid in this effort. Franchises also contain indemnities and insurance requirements which work together to financially protect cities and generally assist with effective right-of-way management. The city has experienced difficulty obtaining renewed franchises, either because an entity resists, ignores, or requires the city to give up its existing rights. Updates to Edmonds Community Development Code Title 18 Public Works Requirements is required to clarify and/or further establish rules and regulations to effectively manage the right-of-way in the public interest. City staff is working on code revisions to address this and will bring that back to Council at a future meeting. In the meantime, a presentation has been prepared to share with you some of the problems and challenges the city has experienced in managing its right of way. Packet Pg. 204 9.1 Attachments: Attachment 1 - Presentation Packet Pg. 205 ECDC TI'TrLV-I8 CODE UPDATES April 8'2O25 City Council Inc. • Introduction • Overview • Example Problems • Code Update Goals • Next Steps lntroduct'l'on� FRANCHISE : ROW USER STATUS PUD Expired 1967 PSE Expired 2008 Astound Broadband Expired 2018 Comcast Expired 2019 • Ziply (formerly Expired 2023 Frontier/Verizon) Olympic View Water & Sewer Current District 1 Expired, 3 T-Mobile Current New Cingular Wireless Current ADDrox 10 others Varies • Use of Right -of -Way • Primary • Secondary • Permit Non -Compliance • Clutter, ADA impediments • Increased staff time • Increased city costs • Effort to provide safe travel inhibited • Undergrounding Benefits • Franchise Benefits 9.1.a dr p— J %wompleze in ROW IN r'" � wsZ• �,� � ..dyey'* am'^v.Y�"�''4s x� /�"... I Packet Pg. 210 At. `syy Topped and Abandoned Poles • ADA Violations • Pedestrian Safety 9 9 Poles Placed in Violation of Clear Zone Policy Emergency Pole Replacement ADA and Clear Zone Requirements r Substandard Work &Clutter 9.1.a :r9l I I A UWA Ai. i Packet Pg. 214 Undergrounding Costs ir L L.j Expired or No Franchises • Entities using the ROW without a current franchise agreement • City cent required • Compensation to City • Enforcement • Financial protection — insurance and indemnities .it Relocation Costs and Timing with City Projects ■ Utilities Occupy City Right -of -Way ■ When Utilities Conflict with City Project, the City needs: (i) Underground utilities to accurately disclose where those utilities exist; and (ii) All affected utilities to move in a timely manner and without cost to the city to the extent authorized under law. Code Update Goals • Clarify and/or further establish rules and regulations to effectively manage the rigl of -way in the public interest. • Regulate to the extent it can, consistent with law. City consent required to use right-of-way Franchise Agreement Requirements • Undergrounding — responsibility for costs ., placement and location, etc. _ Cost Recover 1, �e, • Enhance the city's right-of-way "�af` enforcement options. r Next Steps • Distribute Draft Code to Utility Providers for Review & Comment • Provide Draft Code to City Council for Review & Commen • Hold Public Hearing • Adopt Code Updates 9.2 City Council Agenda Item Meeting Date: 04/8/2025 EPD Camera Enforcement Programs Staff Lead: Chief Rod Sniffen Department: Police Services Preparer: Alexandra Ehlert Background/History Camera enforcement is rapidly becoming a best practice to address safety issues in school zones and high traffic areas prone to collisions. Our commitment to pedestrian safety led to the council approving the school zone camera systems in 2023, with implementation in 2024. This has expanded adding red light cameras in 2024. Flock Safety is an emerging technology company that has installed thousands of their cameras in 4000 communities nationwide creating an mesh network of data used by hundreds of law enforcement agencies. Flock Safety, based in Atlanta, GA has logged hundreds of success stories that have resulted from the use of flock camera data: example here https://www.flocksafety.com/articles/flock-safety- solved-stories-recap-edition-034 In 2024 <https://www.flocksafety.com/articles/flock-safety-solved- stories-recap-edition-034%201n%202024>, Edmonds applied for and received a grant from the Washington Auto Theft Prevention Authority (WATPA) where we requested Flock cameras and a two- year operational agreement. We were awarded the grant in late 2024 and are finalizing the installation locations. Staff Recommendation No action needed at this time. Narrative It is our intent to provide Council with updates on the three camera programs deployed by Edmonds PD on a regular basis. We have School Zone Automated Speed Enforcement, Red Light Camera Enforcement, and Flock license plate reader systems. The three systems are independent, and we are using two different vendors. Our School Zone enforcement program has been in operation for over a year and current enforcement statistics will be shared in the presentation. The red-light cameras are nearing full -completion, and the warning period has started. Flock cameras are in the permitting stage with a plan to deploy all of them at the same time. Even though our cameras are not active yet, our flock agreement allows us to use the portal for queries that search camera data from nearby and regional jurisdictions that have flock systems and agree to share their data. Attachments: Camera Presentation AE2 (002) Packet Pg. 220 0. Ils Packet Pg. 221 9.2.a School Zone Speed Enforcement of ED Qo�rcFS 2 • 5 enforcement systems operating in 4 school zones: • EWHS (2) • Chase Lake ES • Scriber Lake School • Westgate ES • Jan 16, 2025 fine was increased to $145 • Actual camera setup at Westgate ES E L O L a c W E a� L 0 w M U 0 a w N O O_ N w a 0 L a E M U E w a Packet Pg. 222 -Cameras record violations about one hour per day on school days - Approximately a half hour in the AM and half hour at school dismissal time - Each school zone has multiple signs and a flashing yellow beacon to notify drivers when enforcement is in effect 3 L ZONE ti ,J ID )TO RCED sr_ -.A 9.2.a E L 0 L a c W E L 0 w L E 0 U 0 a w N O 0 N w a 0 0 L a M U 0 w a Packet Pg. 223 9.2.a Program Data and Issuance rate N O L tl City of Edmonds. WA y Automated Traffic Safety Camera Program E L O c Issuance Rate Detail Report M Program Statistics Year: 2025 Document Type: CITATIONS Most Recent Violation Date Loaded: 04/03/2025 Violation Type: ALL Month Citations By Violation Date Total Events Less Exceptions Outside Vendors Control Non -Controllable Exceptions Police Review Exceptions Violations in Queue Non Events Exceptions Adjusted Total Violation Events Controllable Exceptions canrYSysum Violation Notice Issued Citations Issued Citations Issuance Rate 0 U 0 a YEAR PROGRAM W JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TO DATE TO DATE N 0 o_ N LU 446 619 511 29 0 0 0 0 0 0 0 0 1605 7,793 Q C O 19 273 21 0 0 0 0 0 0 0 0 0 313 652 6 11 0 0 0 0 0 0 0 0 0 0 0 11 251 w 0 0 22 26 0 0 0 0 0 0 0 0 48 48 to a� 58 73 11 0 0 0 0 0 0 0 0 0 142 954 L tl 358 273 457 3 0 0 0 0 0 0 0 0 1,091 5,888 d 10 10 62 3 0 0 0 0 0 0 0 0 85 553 E O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 348 263 395 0 0 0 0 0 0 0 0 0 1.006 5,335 d 97% 96% 86% 0% 0% 0% 0% 0% 0% 0% 0% 0% 92% 910: t c� w w Q Packet Pg. 224 N1 Violations begin with an event captured on camera Every violation is then reviewed by the vendor for accuracy Vehicle license is enhanced and registration data added If confirmed as a violation per our business rules, its is qued for review Violations stay in que for up to 15 days Trained officers review and approve violations Vendor mails citation to registered owner 9.2.a Packet Pg. 225 Of I? C Red Light Cameras r r -- M 0 L a c W i 0 C W M m U 0 a w N O O_ N W Q c 0 c m a M U c d E t v w w Q Packet Pg. 226 9.2.a Intersecti MM on Sa fety a ➢ 5 Camera systems are installed at two intersections: - 220th Street and Hwy 99 (3) - 100th St. and Edmonds Way (2) ➢ Cameras record events 24/7 ➢ "Business Rules" define want constitutes a violation (where in intersection; right on red; etc.) ➢ Also $145 fine O L a. c d aEi L 0 W M U 0 a. w N 0 0 N W Q O w a as M U W� Q Packet Pg. 227 9.2.a Flock Cameras Of EjAfO N, Q -.F E L O L a c W E a� L O w M L E U 0 a w N O O_ N w Q C O w C d N d L a M U c d E t v w w Q Packet Pg. 228 - 19 Cameras scheduled to be deployed 9.2.a - Mostly city infrastructure, some PUD pole leases - All solar powered - Select points around the city; ingress, egress and high traffic areas - Grant funded for 24 months (once activated) - License plate reader technology - Data is shared among participating jurisdictions, agreement required E L 0 a c W E a� L 0 w M L C� C U 0 a w N 0 0 N w Q 0 0 0 a as M U c d E t v w w Q • OF E QOLICF 7 E so L O L a c m E a> P L O W W m L d E R V c a w N O O_ N W Q C O 'rr R rr C d N L n m E E m Q 9.3 City Council Agenda Item Meeting Date: 04/8/2025 Draft Interim Ordinance to Prohibit the Removal of Certain Landmark Trees on Private Property Staff Lead: Councilmemberr Susan Paine Department: City Council Preparer: Beckie Peterson Background/History The history of the Landmark Tree Ordinance (Ord.4217) of 2021 is described through the whereas clauses and the meeting minutes which are attached. Timeline: On March 2, 2021 the Emergency Interim Landmark Tree Ordinance was adopted. This was done in conjunction with the discussions about tree preservation through the subdivision process. On April 21, 2021 the Findings of Fact were adopted through Resolution 1471. These findings are referenced in this proposed ordinance. On August 3, 2021, Ord. 4217 was rescheduled. On August 24, 2021, after much discussion the interim ordinance was allowed to lapse on September 2, 2021. No revisions were made to ECDC 23.10 Tree Related Regulations (attached). Recommendation Review, discuss and propose any amendments to this draft interim ordinance, and consider a motion to place ordinance adoption to the agenda of a future council meeting. Narrative This interim ordinance is proposed to preserve large trees on private property, which provide canopy cover, wildlife habitat, and supports the Climate Action Plan's goals of maintaining tree canopy. The timing of this proposed ordinance will also allow the preservation of big trees to be incorporated into the building code updates allowing for some flexibility in building placement which would allow for the preservation of Landmark trees. This interim ordinance would provide exemptions for trees which have already been vested through the permitting process, hazard trees, and nuisance trees. Tonight, Council will have an opportunity to discuss and refine this interim ordinance for consideration and possible decision at an upcoming meeting. Attachments: 2025-04-02 interim ordinance - landmark trees v4 2025-04-02 Work. Plan.Draft.2025-26.Rvsd Ordinance 4217 Resolution 1471 EDMONDS CITY COUNCIL MINUTES March 2 2021 pages 17-22 EDMONDS CITY COUNCIL MINUTES August 24 2021 pages 15-20 ECDC 23.10 Tree Related Regulations Packet Pg. 231 9.3.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING ONE YEAR AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION AND ADOPTING A WORK PLAN. WHEREAS, the city council adopted Ordinance 4217 on March 2, 2021, establishing an interim regulation to temporarily prohibit the removal of certain landmark trees; and WHEREAS, the city council adopted Resolution 1471 on April 27, 2021, adopting findings of fact to justify the earlier adoption of the interim ordinance and extending its effectiveness until September 2, 2021; and WHEREAS, Ordinance 4217 was intended to be temporary while the city continued work on drafting permanent revisions to the tree code; and WHEREAS, Ordinance 4217 was not renewed or extended after it expired on September 2, 2021; and WHEREAS, the tree code amendments that were contemplated in 2021 were delayed due to various staffing changes and reductions in the planning and development department and the need to prioritize the periodic update of the comprehensive plan; and WHEREAS, the 2023 Climate Action Plan, adopted on March 21, 2023, via Resolution 1518, reinforces the importance of protecting and maintaining the city's tree canopy; and WHEREAS, the city council would like to renew the effort to protect landmark trees in conjunction with its ongoing development code update, which arises from the recently adopted periodic update to the city's comprehensive plan; and WHEREAS, this ordinance will provide temporary protection to trees that have a diameter at breast height of thirty inches or more; and WHEREAS, it will take about a year for the City to evaluate and consider the merits, scope, and details of its permanent regulation; and WHEREAS, the city council desires to adopt the following interim regulation to temporarily protect landmark trees while this work can be done; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Packet Pg. 232 9.3.a Section 1. Purpose. The purpose of this interim regulation is to temporarily protect certain landmark trees from "tree removal" as that term is defined in ECDC 23.10.020N. This temporary protection is intended to be in place while the city establishes permanent regulations to govern the removal of such trees. For the purposes of this ordinance, a "landmark tree" shall be defined as any tree with a diameter at breast height (DBH) of thirty inches or more. Section 2. Applicability. The permitting exemption contained in ECDC 23.10.040.A shall not extend to landmark trees. This ordinance shall not apply to any tree removal associated with and permitted through a complete building permit application that has already been submitted. This ordinance shall not apply to trees proposed to be removed in conjunction with development activity pursuant to ECDC 23.10.060. This ordinance shall not apply to a tree removal permit that has already issued. Section 3. Prohibition. For as long as this ordinance remains in effect, it shall be unlawful to direct any act of tree removal toward a landmark tree, as that term is defined in Section 1, above, unless the landmark tree also meets the definition of hazard tree in ECDC 23.10.020.H or nuisance tree in 23.10.020.N. Section 4. Duration of Interim Regulations. As long as the City holds a public hearing on the interim regulations, the interim regulations shall not terminate until one year after the effective date of this ordinance, unless it is repealed sooner. The city council hereby adopts the work plan attached as Exhibit A hereto to justify the one-year period of this interim ordinance pursuant to RCW 36.70A.390. Section 5. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on this interim regulation within Packet Pg. 233 9.3.a sixty (60) days of its adoption. In this case, the hearing shall be held on May 27, 2025, unless the city council, by subsequently adopted resolution, provides for a different hearing date. Section 6. Findings of Fact. The city council hereby incorporates by reference and adopts the findings stated in subsections 1 A, 1 B, and 1 C of Resolution 1471 as its findings of fact justifying the adoption of this ordinance. In addition, the city council finds that this initial step to protect landmark trees is consistent with the city's 2023 Climate Action Plan and 2019 Urban Forest Management Plan. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 8. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY Packet Pg. 234 9.3.a APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 235 9.3.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2025, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING ONE YEAR AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION AND ADOPTING A WORK PLAN. The full text of this Ordinance will be mailed upon request. DATED this day of , 2025. CITY CLERK, SCOTT PASSEY Packet Pg. 236 9.3.b Exhibit A Work Plan for Developing a Permanent Tree Code to Protect Landmark Trees • Study case law application of "takings" issues related to trees (June -July 2025) • Analyze city's tree permit types and trends in recent years (July- August -2025) • Identify and evaluate specific problems with the existing tree code (August - September, 2025) • Clarify intent in updating the tree code (October 2025) • Clarify key definitions, including definition of landmark trees October 2025) • Study options for tree removal and replacement requirements (November - December 2025) • Analyze types of tree permits needed and the processes to make them effective (December 2025-January 2026) • Study options for enforcement of tree regulations (January 2026) • Identify level of staffing needed to implement and enforce permanent tree code ordinance (February 2026) • Develop specific draft language for updating tree code and get input from Planning Board and public (February -March 2026) • Bring draft code to City Council, have public hearing, and adopt final version (March -April 2026) Packet Pg. 237 9.3.c CITY OF EDMONDS, WASHINGTON ORDINANCE NO.4217 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY. WHEREAS, the City Council is in the process of adopting new tree regulations; and WHEREAS, the City Council wants to consider adopting an additional regulation that would provide greater protection to trees of especially significant size; and WHEREAS, such additional regulation for the City Council's consideration may apply to all private properties in the City; WHEREAS, it will take several months for the City to evaluate and consider the merits, scope, and details of such a regulation; and WHEREAS, the City Council desires to adopt the following interim regulation to protect landmark trees while this work can be done; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this interim regulation is to temporarily protect certain landmark trees from tree removal as that term is defined in ECDC 23.10.020.S. This temporary protection will allow the City adequate time to adopt a permanent regulation to govern the removal of such trees. For the purposes of this ordinance, a "landmark tree" shall be defined as any tree with a diameter at breast height (DBH) of twenty-four inches or more. Section 2. Applicability. The exemption contained in ECDC 23.10.040.A shall have no applicability to the provisions of this ordinance. This ordinance shall not apply to any tree Packet Pg. 238 9.3.c removal associated with and permitted through a building permit, subdivision, or other land use approval. Section 3. Prohibition. For as long as this ordinance remains in effect, it shall be unlawful to direct any act of tree removal toward a landmark tree, as that term is defined in Section 1, above, unless the landmark tree also meets the definition of hazard tree in ECDC 23.10.020.G or nuisance tree in 23.10.020.K. Section 4. Duration of Interim Regulations. The interim regulations imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the interim regulations and adopts findings and conclusions in support of the interim regulations (as contemplated by Section 5 herein), the interim regulations shall not terminate until six (6) months after the date of adoption, unless it is repealed sooner. Section 5. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on this interim regulation within sixty (60) days of its adoption. In this case, the hearing shall be held on April 20, 2021 unless the City Council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular Council meeting immediately following the hearing, the City Council shall adopt findings of fact on the subject of this interim regulations and either justify its continued imposition or cancel the interim regulations. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. W Packet Pg. 239 9.3.c Section 7. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum. Without the immediate adoption of these interim regulations, the City faces the possible removal of landmark trees. Therefore, the interim regulation must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the removal of landmark trees. This Ordinance does not affect any existing vested rights. Section 8. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 9. Effective Date, This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after passage and publication. APPROVED: M OR MIKE NELSON ATTEST/AUTHENTICATED: Cl "ERfrSCEY Packet Pg. 240 9.3.c APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: March 2, 2021 PASSED BY THE CITY COUNCIL: March 2, 2021 PUBLISHED: March 5, 2021 EFFECTIVE DATE: March 2, 2021 ORDINANCE NO. 4217 Packet Pg. 241 9.3.c SUMMARY OF ORDINANCE NO. 4217 of the City of Edmonds, Washington On the 2„d day of March, 2021, the City Council of the City of Edmonds, passed Ordinance No. 4217. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of March, 2021. Cl Y CLERK, SCOT ASSEY Packet Pg. 242 9.3.c Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH921288 ORDS 4216-4218 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 03/05/2021 and ending on 03/05/2021 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publi tion is S42.0 . Subs *bed and sworn before- me on this 2:7 ��— day of Z-�2r ' - r Notary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOW PASSEY Packet Pg. 243 Classified Proof 9.3.c •l,i.�i. - .:.e 1 J;,;ti sr-xs-,.,L L. _��a...:�..�,t. � �-,?. it>��:�. ORDINANCE SUMMARY of the City of Edmunds, Washlnj%on On the 21 day of MBrch, 2021, line City Coui of the CItV of Edmonds, passed fne fallowlnp Ordinances, the summaries of s3ld ordinances conslsliaq of hiles ara provlded as follows: 0 RDINANCE.4 9. W6 AN OF EDMONDS, ORDINANCE- WASHINGTON. AMENDING ORDINANCE NO. 4211 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES pF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE ORDINANCE NO. 2217 AN ORDINANC O�YHH El Y OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS. SETTING SfX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY ORDINR NCE NO. 4218 AN ORDINANC�ITY OF EDMONDS, WASHINGTON. REPEALING EXISTING TREE CUTTING REGULATIONS, ADOPTING NEW TREE RELATED REGULATIONS, NEW CONSERVATION SUBDIVISION DESIGN REGULATIONS, AND ESTABLISHING A NEW TREE FUND The full text of these Ordinances will be mottos upon request. DATED this 2nd Day of Marco, 2 02 1. CITY CLERK. SCOTT PASSEY Published: March 5, 2021, EDH921288 Proofed by Sheppard, Dicy, 03/08/2021 09:45:49 am Page: 2 Packet Pg. 244 9.3.d RESOLUTION NO. 1471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF ORDINANCE 4217, WHICH ESTABLISHED INTERIM DEVELOPMENT REGULATIONS THAT PREVENT THE REMOVAL OF CERTAIN LANDMARK TREES. WHEREAS, the city council adopted Ordinance 4217 on March 2, 2021; and WHEREAS, the city council held a public hearing on Ordinance 4217 on April 20, 2021 to determine whether the interim development regulations adopted by that ordinance were justified and should continue for the remainder of its six-month period of applicability; and WHEREAS, several people spoke at the above -referenced public hearing, both for and against the ordinance: and WHEREAS, many of the arguments offered in favor of the ordinance made points consistent with the whereas clauses of Ordinance 4217; and WHEREAS, many of the arguments offered against the ordinance were less persuasive due to the temporary nature of the ordinance; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. ADOPTION OF FINDINGS. The city council hereby adopts as its findings of fact to support the adoption and continuing effectiveness of Ordinances 4217 the Whereas clauses contained in Ordinances 4217 as well as the following supplemental findings: A. It takes a long time for a tree to grow from its planted size to a size of twenty-four inch DBH or larger. B. The permanent landmark tree regulations to be adopted later this year may allow for some removal of landmark trees in certain circumstances where removal is deemed appropriate. C. Careful thought and deliberation should be given to the crafting of those permanent landmark tree regulations to ensure that any future removal of landmark trees is not harmful to the public, health, safety, and welfare or that such harm is offset by other competing societal values and benefits. D. Extending the effectiveness of Ordinance 4217 for roughly another four months until September 2, 2021 is reasonable considering how long it would take to replace Packet Pg. 245 9.3.d landmark trees that may be cut without sufficient justification if the ordinance were to be repealed now. Section 2. CONTINUANCE OF MORATORIUM. In light of the findings of fact adopted in Section 1, above, the effectiveness of Ordinance 4217 shall continue and not terminate until September 2, 2021, unless it is expressly repealed by earlier council action. RESOLVED this 27th day of April, 2021. CITY OF EDMONDS I MQ6R, MIKE NELSON ATTEST: C TY CLERK, SCQTT ASSEY FILED WITH THE CITY CLERK: April 23. 2021 PASSED BY THE CITY COUNCIL: April 27. 2021 RESOLUTION NO. 1471 2 Packet Pg. 246 9.3.e canopy around the trees which he assumed was relative to the DBH size, but he doubted they actually measured the tree crown diameter. Surveyed locations of tree are not always required and he assumed the tree canopy diameter would be estimated. Councilmember Distelhorst relayed his understanding that it would be a best guess rather than a measurement. Mr. Lien displayed a site plan that illustrate tree locations with the DBH with some sort of canopy around it. He pointed out a 40" tree and the canopy, a smaller tree with a smaller canopy, an 18" tree with a slightly bigger canopy, and a grove of trees and their canopy. Site plans typically show a canopy but he assumed it was an estimate rather than measured. Councilmember Distelhorst observed that would be acceptable under Council President Paine's amendment. Mr. Lien said he would expect to see that but rather than estimated crown diameters it would be a little related to what was actual on the ground. COUNCILMEMBER OLSON MOVED TO ADD "ESTIMATED" PRIOR TO "TREE CROWN DIAMETER." COUNCIL PRESIDENT PAINE ACCEPTED THAT AS A FRIENDLY AMENDMENT. Councilmember K. Johnson said she will vote against the amendment for the simple reason that the tree crown for conifers is insignificant compared to the drip line which show the broadest part of the tree. Confers' more global shape is equivalent to the crown line of tree. She viewed this as an added step that developers did not need to provide as the current regulations were adequate. For trees more closely associated, the site plan illustrates protection for groups of trees. Mayor Nelson restated the motion: N AMEND SECTION 23.10.060.B.2.A.II TO ADD "AND ESTIMATED TREE CROWN DIAMETER." r N d UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS DISTELHORST, a FRALEY-MONILLAS, AND L. JOHNSON, AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING NO. c Council President Paine suggested continuing the discussion next week and moving on to the remaining agenda items. Mayor Nelson declared a brief recess. 9. NEW BUSINESS ORDINANCE ESTABLISHING EMERGENCY INTERIM REGULATIONS RELATED TO LANDMARK TREES Development Services Director Shane Hope explained the packet contains an emergency interim ordinance for six months that can be revisited prior to six months. The intent of the ordinance is to apply not only to development but apply broadly to all private properties and prohibit the removal of trees greater than 24" diameter at breast height (DBH) during the interim period unless they are hazardous. The intent of the ordinance, proposed by Council President Paine and Councilmember L. Johnson and supported by Mayor Nelson, was to recognize the Council intends to revisit private property tree regulations. As that will take several months to complete, the emergency interim ordinance will preclude cutting of those trees during the interim period. Ms. Hope explained the ordinance also sets a public hearing date of April 20, 2021 to discuss continuing or changing the ordinance. If approved by a super majority, the ordinance could go into effect Edmonds City Council Approved Minutes March 2, 2021 Page 17 Packet Pg. 247 9.3.e immediately upon adoption. She referenced Section 3 Prohibition, which states, "For as long as this ordinance remains in effect, it shall be unlawful to direct any act of tree removal toward a landmark tree." A landmark tree is defined as 24" DBH unless it meets the definition of a hazard tree or nuisance tree. Councilmember K. Johnson asked how the ordinance will be enforced. She recalled driving down the street recently and seeing that a row of trees had been removed from the backyard of a house and asked how that will be prevented. Ms. Hope agreed that was the most challenging issue with this prohibition. If a tree code is adopted in the future that applies to all properties, it will also raise issues related to review criteria, enforcement, etc. and will require extra resources. There are definitely fewer 24" DBH trees so it will not necessarily affect all the properties in the City. Enforcement would be via seeing it or someone reporting it. If the emergency interim ordinance is adopted, the City will try to get the word out but violators could be subject to penalties. Councilmember K. Johnson said she often hears chainsaws in her neighborhood and trees greater than 24" DBH being topped or cut down. She pointed out once you hear a chainsaw, it is too late as the tree is already being cut down and they usually start at the top and work their way down unless they are logging it for the wood. She suggested once this is adopted, sending a notification to the major tree companies so they know not to cut those trees in Edmonds without permission. Council President Paine said she was glad to have this emergency interim ordinance drafted that protects L and preserves landmark trees which are the biggest. She was hopeful it would maintain the status quo and allow the subdivision tree code to be completed as well as put together the resources and planning for an S effective urban forestry program, look at canopy data through the canopy study and develop a thoughtful L tree code via an extensive public process like was done in 2015. The ordinance will provide that time and prevents impacts on the tree canopy. A lot of the tree canopy has been removed in the last couple years N and it would be a shame to lose more. The ordinance will provide time for a more thoughtful tree code r that covers all properties. m a� Councilmember Buckshnis said she was excited about this, but it should not use a definition that is not in Q- the code; she suggested rather than "landmark tree," using "significant tree", and instead of 24" DBH, c using 12" DBH because a 12" DBH is 60 years old. She agreed with Councilmember K. Johnson's N concerns and referred to an application for tree and vegetation removal that the applicant applied for after the fact to remove 2 hazard trees and 11 additional trees. She emphasized tree are being cut down and she preferred to err on the side of caution and use language already in the code. She concluded this is a great step and she applaud the Council for taking it. CO Councilmember L. Johnson thanked the Administration for hearing their concerns and for working with them to put this together. At the bare minimum, this will protect old growth trees that could never be replaced and grown to the size they are in our lifetime. This is the minimum that can be done; it is really important and should have been done a while ago to protect those trees. Councilmember Distelhorst thanked Mayor Nelson, Council President Paine, Councilmember L. Johnson and the Administration for their work on this. He appreciate the landmark tree and the focus on the 24" DBH. He feared going down to 12" DBH would be more difficult and may be too broad a focus for an emergency ordinance. As with the moratorium, his preference is not to legislate via emergence ordinance and moratorium in general. He hoped having this in place for six months provided the time necessary for public outreach and a process by the Administration and whatever resources the Administration needed to complete that work and to work with residents to have a fuller code and ensure the Council did not continue to legislate via emergency ordinance and moratorium. Edmonds City Council Approved Minutes March 2, 2021 Page 18 Packet Pg. 248 9.3.e Councilmember Olson said her concern with things that arise on short order is the unanticipated consequences. She asked if this would apply to someone doing a renovation on their property or was that covered in another way related to the development aspect. She asked if there could be an exception or caveat that would allow a Council hearing for a tree that someone feels they need to address in the six month period and would provide some flexibility for things that may arise that the Council is not thinking about right now. Ms. Hope said the ordinance does not cover trees going through a permitted development process because that has different requirements. This is related to other areas where people are choosing to cut trees for various reasons. As written, the ordinance would apply to roughly 90% of properties in the City. Mr. Lien clarified it would not impact trees being removed with a reviewed development. This ordinance does not apply to any tree removal associated with a permit through a building permit, subdivision or other land use approval. It is intended to preserve large trees on developed single family properties while the other regulations are being developed. He concluded trees reviewed with a development proposal could still be removed. Council President Paine said she asked similar questions of Ms. Hope regarding a smaller tree diameter. The challenge is there is not enough code enforcement as well as seeking a balance between preserving large trees and hoping to have good compliance with the understanding the City is seeking greater tree canopy and the ability to monitor it. She had inquired about 12" or 16" DBH and was convinced the 24" DBH during the interim period would be more successful and not overstrain resources. Councilmember Buckshnis relayed her understanding that trees associated with a permit for a short plat or L subdivision could be removed because the moratorium ends March loth. She expressed interest in extending the moratorium because she was uncertain the code would be approved by March loth. She N concluded if a developer submitted a permit for a subdivision for a property with a lot of trees, they could be removed regardless of size after March loth when the moratorium expires. Mayor Nelson said the issue m before the Council is the emergency interim ordinance, not the emergency moratorium. a Councilmember Buckshnis pointed out Mr. Lien's statement that this ordinance would not apply to tree removed as part of a subdivision. She asked whether subdivisions should be included in this emergency ordinance since the moratorium ends March loth. Mr. Lien answered the thought was that the regulations that the Council reviewed in the previous agenda item would be adopted; the new Section 23.10 referenced in the emergency ordinance has regulations that preserve trees with development. If that regulation is not adopted by the time the moratorium expires (Ordinances 4200 and 4201), the regulations would revert to the current tree code. This ordinance may need to be amended if it is adopted prior to the other ordinance because it specifically references Section 23.10. City Attorney Jeff Taraday explained when the emergency interim ordinance was drafted, it was assumed the tree code would already be adopted and this would be next. Realizing the Council potentially wants to make more amendments to the tree, he proposed adopting the tree code tonight with the amendments that were made and come back next week and continue to make amendments. The result would be instead of making amendments to a draft code, the Council would be amending an already adopted code. That would address the concern about the moratorium expiring. He believed if the Council waited until next week, the moratorium would be expired at the time of next week's Council meeting. Council President Paine said as she understands the emergency moratorium, when the conservation subdivision code is adopted, the moratorium will expire. Ms. Hope answered yes, the way it is currently written. Mr. Taraday said there is a repealer section in Section 4 of the tree code ordinance that expressly repeals the tree moratorium because the new tree code goes into effect. An argument can be made [Mr. Taraday discontinued participation in the virtual meeting]. Edmonds City Council Approved Minutes March 2, 2021 Page 19 Packet Pg. 249 9.3.e COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis said Mr. Taraday and she have been discussing the fact that approving the tree code repeals Ordinances 4200 and 4201, the moratorium on subdivisions and short plats. If the Council approves the tree code as Mr. Taraday suggested, she has more amendments that she feels would solidify the tree code. She was leery of approving the tree code tonight. Ms. Hope said the tree ordinance in the packet specifically repeals the moratorium which otherwise would expire March 10t1i. If the Council adopts tree regulations as amended, and comes back next week to make further amendments, that may be preferable to extending or creating a new moratorium. Mr. Taraday said there is language in Ordinance 4200 that tries to avoid this situation from occurring by stating something like the ordinance will not be presumed to have been repealed or expired but the Council will do that by ordinance. He was uncertain that language had been tested in court; it was included as a potential safety net. He would prefer not to rely on that language and would rather the Council not accidentally allow the moratorium to expire. Ms. Hope said by adopting the proposed tree regulations with the amendments approved tonight, the moratorium would be ended, but next week Council could consider making additional amendments to the adopted tree code. That would prevent the unintended expiration of the moratorium expiring or creating a new moratorium on the fly. Mr. Taraday agreed. Councilmember K. Johnson said the Council has gotten off subject. The issue before the Council is the N emergency ordinance and the Council should make a decision on that before deciding on other things. r Councilmember Buckshnis explained if the Council approves this emergency ordinance tonight, it refers N to definitions in the tree code which haven't been approved. If the Council approves the tree code, it Q. removes the moratorium. She asked if the Council could approve the tree code and remove Section 4. Mr. N Taraday said Section 4 of the tree code ordinance could be removed. He did not want to represent to the c�•i Council that the moratorium was bulletproof and remained in effect by virtue of removing Section 4 N t because Ordinance 4200 specifically states it is a 4 month moratorium and the 4 months expire on March L loth. s COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO MOVE FORWARD WITH THE INTERIM EMERGENCY TREE ORDINANCE FOR LANDMARK TREES AND MOVE BACK TO DISCUSSING THE CONSERVATION SUBDIVISION CODE WITH THE AMENDMENTS MADE SO FAR AND COME BACK NEXT WEEK. Councilmember Distelhorst relayed his understanding that the emergency ordinance references code that does not yet exist until the Council adopts the tree ordinance which is why the tree ordnance needs to be adopted first. Mr. Taraday said the ordinances certainly were not intended to be adopted in the order that is currently being considered but a few minutes' difference would not be a problem. Councilmember Olson suggested an option would be holding an emergency meeting on Friday afternoon to discuss the remaining tree code amendments and the existing moratorium issue. Mayor Nelson said he was not available on Friday. Councilmember Olson said the Council could have a meeting without the Mayor. Councilmember Fraley-Monillas said she also was not available. Council President Paine restated the motion: Edmonds City Council Approved Minutes March 2, 2021 Page 20 Packet Pg. 250 9.3.e TO APPROVE ORDINANCE NO. 4217, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A TEMPORARY BASIS, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY. COUNCILMEMBER BUCKSHNIS MOVED TO AMEND TO CHANGE "LANDMARK" TO "SIGNIFICANT" AND CHANGE "24" DBH" TO THE DEFINITION OF SIGNIFICANT TREE WHICH IS 12" DBH. MOTION DIED FOR LACK OF A SECOND. UPON ROLL CALL, MAIN MOTION CARRIED (6-0-1); COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER FRALEY-MONILLAS ABSTAINING. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO ADOPT THE AMENDED DRAFT TREE ORDINANCE AS DISCUSSED EARLIER TONIGHT, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING EXISTING TREE CUTTING REGULATIONS, ADOPTING NEW TREE RELATED REGULATIONS, NEW CONSERVATION SUBDIVISION DESIGN REGULATIONS, AND ESTABLISHING A NEW TREE FUND. Councilmember Buckshnis said she was leery of doing this when it was not complete. There have been examples in the past where there has been an attempt to bring ordinances forward and the minority could not get it done. She hoped there was a promise that additional amendments could be considered, noting she has about nine more amendments. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, N TO AMEND BY REMOVING SECTION 4, "ORDINANCES 4200 (MORATORIUM) AND 4201 r (ASSOCIATED INTERIM REGULATIONS) ARE HEREBY REPEALED." m a� R Councilmember Buckshnis hoped the Council would spend quality time to consider all the amendments Q- and address the moratorium next week or when it expires. She felt it was premature to have Section 4 in N the ordinance. N As City Clerk Passey began to take a roll call vote (Councilmember K. Johnson abstained and Councilmember Distelhorst voted no), Councilmember Olson raised a point of order that the original moratorium stated the moratorium would expire when the tree code was passed or when it expired, whichever came first. Ms. Hope recalled it stated a 4-month period which would be March 10`h unless Council acted to repeal it sooner. Mr. Taraday read from the ordinance, "The moratorium imposed by this ordinance shall commence on the date of adoption of this ordinance. The moratorium shall not terminate until four months after the date of adoption unless it is repealed sooner. The Council shall make the decision to terminate the moratorium by ordinance and termination shall not otherwise be presumed to have to occurred." He explained that is the language he referred to earlier as untested. He suggested if the Council's intent is not to have the moratorium repealed right away, amending Section 4 to read, "The effectiveness of Ordinance 4200 shall be extended to March 24, 2021" which would give the Council two more weeks to resolve anything outstanding in the tree code. Councilmember Fraley-Monillas agreed with waiting two weeks, anticipating at 10:14 p.m., the Council could be meeting half the night trying to make all the amendments. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO EXTEND FOR 5 MINUTES. MOTION CARRIED UNANIMOUSLY. Mayor Nelson restated the motion: Edmonds City Council Approved Minutes March 2, 2021 Page 21 Packet Pg. 251 9.3.e TO AMEND BY REMOVING SECTION 4, REPEALING ORDINANCES 4200 AND 4201. UPON ROLL CALL, AMENDMENT CARRIED (4-2-1); COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, AND OLSON, AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBERS DISTELHORST AND L. JOHNSON VOTING NO; AND COUNCILMEMBER FRALEY-MONILLAS ABSTAINING. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND TO ADD A NEW SECTION TO THE ORDINANCE, "ORDINANCE 4200 IS EXTENDED TO MARCH 24, 202L" Councilmember Distelhorst asked if the motion needed to include Ordinance 4201. Mr. Taraday recommended they be handled as a package as they were originally adopted as a package. He requested adding "effectiveness" so the motion stated, "The effectiveness of Ordinances 4200 and 4201 will be extended to March 24, 202 L" Council President Paine restated the motion: TO AMEND TO ADD A NEW SECTION TO THE ORDINANCE, "THE EFFECTIVENESS OF ORDINANCES 4200 AND 4201 IS EXTENDED TO MARCH 24, 2021." Councilmember K. Johnson asked which ordinances these were, whether it was the moratorium ordinance. Council President Paine answered yes and Ordinance 4201 was the associated interim regulations. AMENDMENT CARRIED UNANIMOUSLY. Li N MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. r Y, COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, d co TO EXTEND FOR 7 MINUTES. MOTION CARRIED (6-1) COUNCILMEMBER FRALEY- R a MONILLAS VOTING NO. 2. 4T1 AVENUE CULTURAL CORRIDOR PUBLIC PROCESS Due to late hour, this item was postponed to a future meeting. 10. MAYOR'S COMMENTS Mayor Nelson reported today the President and Governor announced additions to those eligible for immediate access to the vaccine - school educators and licensed childcare workers. As more people become eligible, hopeful the availability of vaccines will also increase. The numbers in Snohomish County continue to drop, yesterday's report was 109 cases/100,000 (previously 119/100,000). That is still not enough fast enough so he encouraged the public to continue wearing masks, washing hands, and watching their distance. 11. COUNCIL COMMENTS Councilmember Olson wished all be well and happy. Councilmember Distelhorst said March is Women's History Month. He is honored to serve alongside his colleagues on Council. International Women's Day is March 8t1i, a big day in his household because in Mongolia where his wife and two daughters are from, it is actually a national holiday. While he lived in Mongolia, it was a widely celebrated holiday Anyone interested in learning more about notable figures, Edmonds City Council Approved Minutes March 2, 2021 Page 22 Packet Pg. 252 9.3.f when they get to Edmonds, but there will be subtext via color, font, and other elements that can match and contrast to tell a story about Edmonds. He recognized it was important to the Council to have cohesiveness with the existing signs and certain elements should resonate, but they do not have to be exactly the same. The team will do their best including more outreach to determine if the signs are on right track and bring that information back to Council. Councilmember Buckshnis said she liked the vertical signs better than the horizontal signs. The city of Shoreline is on 205t1i and the Edmonds sign will be across the street. She agreed the signage should be unique and she like inspiration signage that brings color, texture, artistic. 2. LANDMARK TREE ORDINANCE EXTENSION City Attorney Jeff Taraday explained there is an ordinance in the packet that was presented for Council consideration; however, he recommend the Council not take action on it tonight because the Council needed to have a public hearing before it can be extended. Mr. Lien and he had a discussion about the ordinance when he was heading out of town on vacation and did not had the statute in front of him. He apologized for not realizing that earlier. When this ordinance was first adopted, there was a thought that only six months would be needed to develop something more permanent and move on to adopting a permanent regulation governing landmark trees. The City is obviously not at that point. His recollection was staff has sought direction regarding where the Council wants to go or what staff should be trying to draft, but the Council has not yet given staff clear direction to staff on that issue. From his perspective the Council was not even close to being able to adopt a permanent regulation governing landmark trees. To frame the discussion, Mr. Taraday suggested after hearing from Mr. Lien tonight, the Council deliberate on whether they want to reprioritize some work in order to get a permanent landmark tree code developed in the next six months which he understood would require a significant reprioritization of work, or whether to just allow things to return to the way they were six months ago and allow the landmark tree regulation process to work its way through the normal course of business. There is a lot of work going through the Planning Board and Planning Department and it was not clear to him whether this was a high enough Council priority to be the subject of another interim ordinance. If so, he requested the Council advise staff. He was concerned that in the absence of a priority change and given the trajectory that this effort has been on, there could be repeated extensions without making any real progress which is not how interim regulations are intended to be used and he would advise against doing that. Environmental Program Manager Kernen Lien said the key part of what Mr. Taraday said related to the timeline for the next stage of the tree code. The general direction received during the first stage of the tree code update was the Council wanted a tree code that applied more broadly to all properties in the City whether they was being developed or not. The first stage of the tree code update was implementing the first goal of the Urban Forest Management Plan (UFMP), update tree regulations to reduce clearcutting or other development impacts on the urban forest and consider changes to tree replacement requirements and penalties for code violations. Clear direction was provided on that and the first update was tree regulations that strictly focused on development. He provided that focused code update to the Planning Board last September and the Council adopted the last version in July 2021, a total of 10 months. If there is a tree regulation that will apply more broadly throughout the City and have a larger impact/reach, Mr. Lien said that type of update needs to have broad public engagement and will take more time. Staff does not have a lot of clear direction regarding that next stage. The interim ordinance that was being considered tonight was for landmark trees but during discussion of the next stage, there was interest in reviewing all tree removals. There was also discussion about potential view impacts but not a lot of clear direction. Another approach would be to begin the public engagement before drafting code; getting input from Edmonds citizens regarding what they would like to see in a tree code that applies more broadly and weave that into the next phase of the code update. Edmonds City Council Approved Minutes August 24, 2021 Page 15 Packet Pg. 253 9.3.f Mr. Lien advised that interviews were conducted for the urban forest planner position yesterday and an offer will be made to a really good candidate. It will likely be at least a month before that person can be hired. Having one person solely focused on trees will help this move forward rather than adding it to his job. Councilmember Buckshnis said she was currently not at home so she did not have the history of the Tree Board's efforts at hand. She recalled there was a designated timeframe and she asked for that to be sent to her today. She expressed concern that suddenly staff was saying Council had not provided clear direction, but she felt the Council had. She would like to further define the language in the flexible subdivision design in 20.048.075. She was perplexed by tonight's discussion and asked if the intent was to start over at square one and what happened to all the planning documents initiated through the Tree Board and the Council last year or this year. Mr. Lien said the code Councilmember Buckshnis was referencing was 20.75.048, the flexible subdivision design; that is in code and has been adopted. That first stage of the code update was based on Goal lA of the UFMP strictly focused on reducing clear cutting and other development impacts on the urban forest. When Stage 1 of the code update started, staff presented the scope to Council in July 2020; began discussion with the Planning Board in September, the Planning Board held a public hearing in December and forwarded a recommendation to Council in January 2021 and the Council begin discussions in January//February. During that review, there were a lot of comments that the code update was not broad enough and needed to be expanded to cover situations beyond development. In June 2021, staff brought back the Stage 2 topics to be considered such as tree removal not associated with development. A few options were discussed at that time. With regard to review on other properties, there was consensus that the Council wanted that review, but not what that review would look like such as requiring a permit for all tree removals. With regard to views, the discussion was all over the board regarding how views would be addressed in the next stage of the update. He concluded many of the topics were discussed, but he did not feel clear direction was provided at that time. Councilmember Buckshnis asked if he was referring to clear direction from Council or from citizens. She thought Council has been giving clear direction for a long time. Mr. Lien answered from the Council. Councilmember Buckshnis said the Council approved 20.75.048 but never any language for amendments. She would like to discuss and refine the development aspect of things. The landmark tree ordinance is backfiring because trees are going down all over and there is no enforcement. She recalled she did not vote the last two times because it penalizes citizens instead of developers. She thought Stage 2 of the tree code would be done by September/October and now it sounds like there's nothing. She concluded she was completely mystified. Councilmember K. Johnson inquired about enforcement since there was a moratorium for landmark trees. Mr. Lien answered staff has been implementing the landmark tree interim ordinance; landmark trees can still be removed if they are nuisance or hazard trees. Staff has been reviewing arborist reports with regard to nuisance and hazard landmark trees. Staff does enforce the tree code including the landmark tree interim ordinance. People call frequently when tree cutting is occurring and planning staff, code enforcement or building officials in the field visit those properties. Mr. Lien clarified some of the tree cutting that has occurred since the interim ordinance went into effect was the result of developments vested prior to adoption of the new tree code and prior to the effective date of the interim ordinance. Subdivisions have five years from preliminary approval to begin development; for example, a development that was approved 2-3 years ago under the old tree code is just now getting to the development stage and removing trees. He assured staff was enforcing the tree code and the interim ordinance. Edmonds City Council Approved Minutes August 24, 2021 Page 16 Packet Pg. 254 9.3.f Councilmember K. Johnson asked how many violations had been cited. Mr. Lien answered he knew of two violations in regard to the interim ordinance, only one may have been related to the landmark tree ordinance or potentially the other moratorium on subdivision properties that restricted cutting trees on properties being subdivided. He did not think any were related to the landmark tree ordinance, one was a critical area and the other was related to the moratorium ordinance. Councilmember K. Johnson asked how practical this moratorium has been. Mr. Lien answered it has prevented 24" trees from being removed. The word is out, staff get calls all the time from property owners that haven't heard about it until told by their neighbor. Nuisance and hazard 24" trees are being cut as well as trees on developments vested prior to the adoption of these codes. Councilmember K. Johnson commented it was great news that an urban forester had been hired. She supported getting more public input even after this has been discussed for years. She personally thought the moratorium had done more harm than good; she hears so many trees being cut down in her neighborhood and although they may not be landmark trees, the word is out, if you want to get rid of a tree, do it now. She would not support this ordinance when it comes back because she believed more needed to be done to protect citizens and there needed to be better enforcement. She loves trees, particularly protecting large native trees, but did not see that this has accomplished that goal. She will keep her mind open to that possibility based on Mr. Lien's comments, but she did not see that the moratorium had done what it was intended to do, save trees. Councilmember Olson said she came to tonight's meeting with three reasons for not supporting this and Mr. Taraday's comments addressed a lot of them. She originally voted for a six-month Band-Aid until a code for private property could be developed because that seemed reasonable, but not only has that part of the code not been started, a public input process is planned which she totally supports. Ms. Seitz' comments have been valuable to her thought process and there are things that could help direct a code that is better received and more incentive based rather than enforcement based. She also expressed concern with treating this like an emergency ordinance when it wasn't and holding a hearing until after fact. From her personal case studies, she did not share the opinion that this has been more of a positive than a negative. Possibly some bigger trees are being protected, but there are a lot of big trees between 12-24". She recalled three parties making comment to the effect that they were going to take down the 12-24" trees before they would be protected forever. She was not sure the bigger trees were always the better trees. She supported the ordinance originally, believing it was a reasonable thing to do, but no longer believed it was serving the purpose of protecting and encouraging the tree canopy and is working counter to that. She did not plan to support the ordinance tonight and was unlikely to support it in the future. Councilmember Distelhorst said he would definitely like see it prioritized as he preferred not to regulate through ongoing temporary extensions. He voiced his support for a reprioritization if necessary so there can be a permanent code regarding landmark trees, trees that have been here the longest, can be here into the future and take the longest to grow. Recognizing the exponential benefit these trees provide, he was interested in prioritizing a long term landmark tree code and expressed support for shuffling work if necessary. Council President Pro Tem L. Johnson said she was also perplexed because she remembered sitting through numerous Council meetings and meeting with directors on this and being repeatedly shown a schedule of how this would be accomplished and the Council providing input. This emergency ordinance was supported by the Administration. The message the Council is receiving now is totally different than the message they received before. She has been communicating her desires to protect the old growth as much as possible. It was not particularly comfortable protecting them through emergency ordinance and she had hoped the City was well on the way to a real plan to accomplish this and now is hearing staff has Edmonds City Council Approved Minutes August 24, 2021 Page 17 Packet Pg. 255 9.3.f no idea what the Council wants. She recalled staff describing at meetings how this would be accomplished and other meetings where Council provided feedback. She concluded she was really confused and said there needed to be better communicating between the two branches. Mayor Pro Tern Paine expressed frustration, commenting this was the first she was hearing about this and feared a lot of momentum had been lost. She was unclear where the momentum was lost, recalling the City was marching down a great path, having an interim approach to preserving the largest trees, the ones that will not easily grow back due to the climate crisis. So much progress has been made this year; it was a priority for the Administration and the Council to do tree preservation in large blocks. She said some of her questions have never answered; for example, how many permits are vested where everything can be removed, including every last blade of grass. Mr. Lien said he did not have that information, but could track it at least for subdivisions that are vested and maybe multifamily sites. Mayor Pro Tern Paine said it was terribly frustrating to see large swaths of trees coming down. Another thing the Council wanted to prioritize was the use of incentives such as stormwater fees to reduce the impact of preserving tree canopy. The Council has been supportive of alternative methods and doing updated subdivision planning for land use practices to build housing in a more creative way. She did not want to throw the baby out with bathwater and did not understand why the process was returning to zero. She asked when the tree canopy assessment would be available, anticipating that would assist with database decision making as most properties are privately held and not under development. Mr. Lien answered the tree canopy assessment is underway and should be completed by the end of September. Mayor Pro Tern Paine asked for a practical timeline to complete Stage 2 of the tree canopy work. She acknowledged it involved the Planning Board and other staff and Administration time. She recalled there was a path to get this done in a year or so. She recognized COVID had slowed things, and asked what would be a reasonable time to go through the Planning Board and public hearings. Mr. Lien asked if she was talking about the code or the canopy assessment. Mayor Pro Tern Paine answered she meant the Stage 2 of the code. Acting Development Services Director Rob Chave said there is a short summary in the cover memo in the packet describing some of the things that are underway. The problem is there are a lot of moving parts. Staff has been working on a number of things such as the tree canopy assessment, street tree plan, establishing a tree fund, and hiring a urban forest planner who can devote all their time to this effort. The one thing that will take the most time because it will require a lot of public outreach is any code regulating private property which is different from a landmark tree ordinance. He recalled the last time a proposal generated by the Tree Board came forward, it created a hailstorm of criticism from general public. Mayor Pro Tern Paine interrupted, saying she was on the Tree Board at that time and part of their charter was a comprehensive tree code which included private property. Mr. Chave said a lengthy public outreach is critical before bringing forward a tree code that addresses what happens on private property. The Planning Department has been inundated with people asking questions, wanting assessment done of their trees, etc. There is a lot of engagement by the community but there are a lot of different opinions and it is difficult to know what the community expects until that outreach is done. The regulations related to landmark trees can be completed sooner, but without clear direction regarding regulating trees on private property, it will take a lot of time to figure out. There are a lot of pieces of the tree code that are moving forward, but the private property piece, other than landmark trees, is a big question mark. Mayor Pro Tern Paine asked what would be required and how much time would it take to resuscitate and extend the landmark tree interim ordinance one more time. Mr. Taraday answered the Council can use the ordinance in the packet to do that, there just needs to be a public hearing first. The only real question is how quickly that public hearing can be noticed and he deferred to Planning staff to answer that question. Alternatively if that timeline was not acceptable, the Council could entertain the possibility of an Edmonds City Council Approved Minutes August 24, 2021 Page 18 Packet Pg. 256 9.3.f emergency ordinance of a different scope adopted at a special meeting in the next few days that would take immediate effect. The exact same substance cannot be adopted without first holding a public hearing. Mr. Lien advised the soonest a public hearing could be scheduled would be September 14t1i if notice was sent to the Herald tomorrow. Councilmember K. Johnson relayed two requests, 1) Mr. Taraday hold an executive session to discuss the legal ramifications; this had been requested but it had not been scheduled, and 2) consider alternatives to the landmark tree moratorium, specifically ways to incentivize retaining landmark trees. The Council has typically put aside $300,000 in the budget for open space; the Council could consider during the budget process making one-time payments to people who own landmark trees to reduce their taxes. She was interested in alternatives that were more palatable, helpful and positive to the community. Council President Pro Tem L. Johnson requested an update on what was referred to at one time as upcoming tree related items and timing. She recalled this was last reported to the Council on June 1 st and was what the Council has been using to gauge progress. The upcoming tree related items included view corridors, open space acquisition, and other things that staff mentioned earlier that they had not received direction on. She disagreed that direction had not been given. She requested an update on that timeline and whether the timing of some items needed to be adjusted from what was reported in June. Mr. Lien He displayed Stage 2 Upcoming Tree -Related Items: Item Timing Inventory of downtown street trees Q2 2021-Q3 2021 Inventory of other public trees 2022 or TBD Street Tree Plan update Q2 2021-Q4 20221 Tree canopy assessment Q2 2021-Q3 2021 Heritage Tree Program Q3 2021-Q4 2021 Tree Canopy Goal Q3 2021 Assessment of staffing and other resource needs Q2 2021 -2022 or TBD Incentive program using stormwater utility fee reductions Q4 2021-2022 or TBD Exploration of other incentive programs 2022 or TBD Open space acquisition Q4 2021-2022 or TBD Tree retention on private property (not related to development) Q4 2021 Partnerships with other organizations Q3 2021 — 2022 or TBD Annual reports on City tree activities Q2 2021 Tree give-away program 2022 or TBD View corridors 2022 or TBD Wildlife & habitat corridors Q3 2021-Q4 2021 Expanded public education & Information Q3 2021 — 2022 or TBD Stormwater & watershed Analysis Q4 2021-2022 or TBD Other tree -related issues 2022 or TBD Mr. Lien explained the above was a timeline developed by former Development Services Director Shane Hope. He commented on the items highlighted in gray which were discussed at the June 1st Council meeting: • Heritage Tree Program - clear direction was provided about moving forward and it will potentially be completed in Q4 2021 • Incentive program using stormwater utility fee reductions - identified for Q4 2021 — 2022 • Tree retention on private property - will require robust public engagement. Director Hope identified that as potentially being completed in Q4 2021; when this list was developed, he thought that a little ambitious. Edmonds City Council Approved Minutes August 24, 2021 Page 19 Packet Pg. 257 9.3.f • \View corridors - identified for 2022 or TBD. • Wildlife & habitat corridors - identified for Q3-4 2021. He is tying wildlife and habitat corridors to the tree canopy assessment which will be completed in late September. Mr. Lien commented on the progress of other items on the list: • Street plan update — in process • Inventory of downtown street trees — completed • Assessment of staffing and other resource needs — ongoing. Hopefully Urban Forester starting soon • Tree give-away program — tied to tree fund. Some current subdivisions applications will have fee - in -lieu Mr. Lien referred to a May 18, 2021 memo regarding Tree Code Stage 2 and options identified for Tree Retention on Private Property Not Related to Development. Goal LA of the UFMP provides: A. Update tree regulations to reduce clearcutting or other development impacts on the urban forest and to consider changes to tree replacement requirements and penalties for code violations Mayor Pro Tem Paine interrupted, stated this is not the time for an update. She suggested they work tomorrow to identify a date for an update and a solid outreach plan to discuss this with the community. Council President Pro Tern L. Johnson clarified her request was for staff to come back with an update as given the information the Council was provided tonight, she assumed some changes had been made. She recalled a slide provided to the Council at one point stated outreach and public engagement would start Q3, it is now the middle of Q3. She was not expecting those answers tonight, but requested some thought be given to it. If staff felt they did not have clear direction, although she felt she has given direction, she was perplexed why they did not ask again because the Council has been clear this is a priority. She recalled speaking rather passionately at the beginning of the year about her frustration that the Council just keeps talking about this and not doing anything. She thought staff and the Council was on a path to doing something and now it feels like they are moving backward. She concluded she was confused and frustrated as well. Councilmember Buckshnis emphasized many cities have very good tree codes that address private property. This was one of criticisms that Council had of the Administration when the UFMP was prepared as well as the Tree Board because it glossed over the private property aspect. She thought the Council had provided clear direction and now she is baffled. Mayor Pro Tern Paine proposed concluding this discussion and she will work with staff to find a date to come back quickly with more information, an update and to get questions answered. The Council agreed. MAYOR PRO TEM PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO MOVE ITEM 9.4, COUNCIL RULES OF PROCEDURE, TO OCTOBER 5TH. Councilmember Distelhorst asked if the rules could be considered in September since their approval has been put off for over a year. Mayor Pro Tern Paine said she would try for September 28t1i. Councilmember K. Johnson acknowledged there were more agenda items than time allowed. She suggested delaying outdoor dining because the Council was unlikely to finish by 10 p.m. at rate they were going. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS DISTELHORST, BUCKSHNIS AND OLSON AND MAYOR PRO TEM PAINE VOTING YES; AND Edmonds City Council Approved Minutes August 24, 2021 Page 20 Packet Pg. 258 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 1 of 17 Chapter 23.10 TREE RELATED REGULATIONS Sections: 23.10.000 Intent and purpose. 23.10.010 Administration authority. 23.10.020 Definitions. 23.10.030 Permits. 23.10.040 Exemptions. 23.10.050 Tree removal prohibited. 23.10.060 Tree retention associated with development activity. 23.10.070 Tree protection measures during development. 23.10.080 Tree replacement. 23.10.085 Protected trees - Notice on title. 23.10.090 Bonding. 23.10.100 Violation, enforcement and penalties. 23.10.110 Liability. 23.10.000 Intent and purpose. The purpose of this chapter is to establish a process and standards to provide for the evaluation, protection, enhancement, preservation, replacement, and proper maintenance of significant trees. This includes the following: A. Implement the goals and objectives of the city's urban forest management plan; B. Implement the goals and objectives of the city's comprehensive plan; C. Implement the goals and objectives of the city's climate action plan; D. Preserve, through design and intention, wildlife corridors and habitat; E. To promote the public health, safety, biodiversity, environmental health and general welfare of the residents of Edmonds, provide greenhouse gas emissions mitigation and preserve the physical and aesthetic character of the city through the prevention of indiscriminate removal or destruction of trees and ground cover on improved or partially improved property; F. Preserve the maximum number of trees that are determined to be appropriate for preservation in the Edmonds urban environment and that have a reasonable chance of long-term survival; The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 259 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 2 of 17 G. Promote site planning, building, and development practices that work to avoid removal or destruction of trees and vegetation, that avoid unnecessary disturbance to the city's natural vegetation, and that provide landscaping to buffer the effects of built and paved areas; H. Encourage tree retention efforts by providing design flexibility with respect to certain development requirements; Retain as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner and replanting when trees are removed during development; J. Promote building and site planning practices that are consistent with the city's natural topographic and vegetation features while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; and K. Mitigate the environmental and aesthetic consequences of tree removal in land development through on -site and off -site tree replacement to help achieve a goal of no net loss of tree canopy coverage throughout the city of Edmonds. L. Promote net ecological gain, a standard for a development project, policy, plan, or activity in which the impacts on the ecological integrity caused by the development are outweighed by measures taken consistent with the new mitigation hierarchy to avoid and minimize the impacts, undertake site restoration, and compensate for any remaining impacts in an amount sufficient for the gain to exceed the loss. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.010 Administration authority. The planning and development director ("director") or a designee shall have the authority and responsibility to administer and enforce all provisions of this chapter. [Ord. 4299 § 65 (Exh. A), 2023; Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 20211. 23.10.020 Definitions. A. "Caliper" means the American Association of Nurserymen standard for trunk measurement of nursery stock Caliper of the trunk shall be the trunk diameter measured six inches above the ground for up to and including four -inch caliper size and 12 inches above the ground for larger sizes. B. "Canopy" means the leaves and branches of a tree from the lowest branch on the trunk to the top. C. "Critical root zone" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every one inch of tree DBH. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 260 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 3 of 17 D. "Developable site" means the gross site area of a lot minus critical areas and buffers. E. "Diameter at breast height (DBH)" means the diameter or thickness of a tree trunk measured at four and one- half feet from the ground. DBH is also known as "diameter at standard height (DSH)." F. "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown. G. "Feasible" means, for the purpose of this chapter, the project applicant's primary intended legal use may be achieved. In cases where this chapter requires certain actions unless they are infeasible, the burden of proving infeasibility is placed on the applicant. H. "Hazard tree" means a tree that is dead, dying, diseased, damaged, or structurally defective as determined by a qualified tree professional. "Grove" means a group of three or more significant trees with overlapping or touching crowns. "Improved lot" means a lot or parcel of land upon which a structure(s) is located, and which cannot be further subdivided pursuant to city subdivision regulations and zoning code. K. "Improvement" means and includes, but is not limited to, any building, structure, storm drainage facilities, road, driveway, utility and pedestrian facilities, or other object constituting a physical addition to real property. L. "Limits of disturbance" means the boundary between the area of minimum protection around a tree and the allowable site disturbance. M. Native Tree. Native trees are described in the Urban Forest Management Plan (UFMP) as being well suited to our climate and tending to provide good habitat for local wildlife. The UFMP contains a partial list of species that are considered native trees. N. "Nuisance tree" means a tree that is causing significant physical damage to a private or public structure and/ or infrastructure, including but not limited to: sidewalk, curb, road, water or sewer or stormwater utilities, driveway, parking lot, building foundation, or roof. O. "Protected tree" means a tree identified for retention and protection on an approved tree retention and protection plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction. P. "Pruning" means the proper removal of roots or branches of a tree according to the American National Standards Institute (ANSI) A300 pruning standards. Q. "Qualified professional" means an individual with relevant education and training in arboriculture or urban forestry, having two or more of the following credentials: International Society of Arboriculture (ISA) Certified Arborist; 2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA TRAQ (or equivalent); The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 261 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 4 of 17 3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist; 4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans. For tree retention associated with a development permit, a qualified professional must have, in addition to the above credentials, a minimum of three years' experience working directly with the protection of trees during construction and have experience with the likelihood of tree survival after construction. A qualified professional must also be able to prescribe appropriate measures for the preservation of trees during land development. R. "Significant tree" means a tree that is at least six inches in diameter at breast height (DBH) as measured at four and one-half feet from the ground. For trees with multiple leaders at four and one-half feet height, the DBH shall be the combined cumulative total of branches greater than six inches diameter at four and one-half feet above the average grade. If a tree has been removed and only the stump remains that is below four and one-half feet tall, the size of the tree shall be the diameter of the top of the stump. S. "Specimen tree" means a tree of exceptional size or form for its species or rarity as determined by the city's qualified tree professional. T. "Tree" means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, that is recognized as a tree in the nursery and arboricultural industries. U. "Tree fund" refers to the fund created by Chapter 3.95 ECC. V. "Tree removal" means the direct or indirect removal of a tree(s) or vegetation through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, unless pruning back to the point where the tree has been previously topped; poisoning; filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. W. "Tree topping" means the significant cutting back of the leader stem or major branches, resulting in severely altering the growth potential of a tree. This definition does not apply when the sole purpose is to create a snag or snags for wildlife habitat. X. "Viable tree" means a significant tree that a qualified professional has determined to be in good health, with a low risk of failure due to structural defects, is windfirm if isolated or remains as part of a grove, and is a species that is suitable for its location. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021] 23.10.030 Permits. A. Applicability. No person shall remove, excessively prune, or top any significant tree except as provided by this chapter. B. Tree removal not specifically exempted in ECDC 23.10.040 will be processed as a Type I permit. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 262 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 5 of 17 C. Procedural Exemption. Tree removal associated with building permit, subdivision, or other land use approval will be reviewed with the associated project and will not require a separate tree removal permit. All clearing shall be consistent with and apply the standards established by this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.040 Exemptions. The following activities are exempt from the provisions of this chapter and do not require a permit: A. Removal of trees on an improved single-family lot, except for: That portion of the property containing a critical area or its associated buffer. Critical area in this context does not include erosion hazards with slopes less than 25 percent. Removal of nonsignificant trees that are not protected by any other means. C. Removal of trees by the public works department, parks department, fire department and/or franchised utilities for one of the following purposes: Installation and maintenance of public utilities or motorized or nonmotorized streets or paths. 2. In response to situations involving danger to life or property, substantial fire hazards, or interruption of services provided by a utility. Franchised utilities shall provide notification to the city prior to tree maintenance or removal. A separate right-of- way permit may be required. D. Removal and maintenance of trees within city of Edmonds' parks at the direction of the parks department E. Routine landscaping and maintenance of vegetation, such as pruning and planting, removal of invasive/exotic species, management of brush and seedling trees. Pruning should comply with ANSI A300 (Part 1 - 2017), Tree, Shrub and Other Woody Plant Management - Standard Practices, to maintain long term health. This includes maintenance of trees and vegetation required to be retained or planted under the provisions of the Edmonds Community Development Code. Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone, provided pruning will be undertaken only to the extent necessary for public safety or tree health. F. Trees that do not meet the exemptions in subsections (A) through (E) of this section may be removed with supporting documentation: Nuisance tree with documentation of the damage and any tree work that has been attempted to rectify the nuisance, and/or a statement from the applicant's qualified tree professional explaining why no arboricultural practices can safely rectify the nuisance. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 263 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 6 of 17 2. Hazard tree located outside a critical area with a tree risk assessment prepared by the applicant's qualified professional documenting how the tree meets the definition of a hazard tree. 3. Hazard tree removal in a critical area or critical area buffers consistent with the requirements of ECDC 23.40.220(C)(8). [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 20211. 23.10.050 Tree removal prohibited. A. Protected Trees. Removal of protected trees is prohibited, except as provided for in ECDC 23.10.040(F), hazard and nuisance trees, or through an approved modification of a landscape plan. B. Vacant Lots. Removal of trees from a vacant lot prior to a project development is prohibited except as provided for in ECDC 23.10.040(F), hazard and nuisance trees. C. Demolition of Structures. Tree removal shall be prohibited as part of a permitted demolition except as required to reasonably conduct demolition activities subject to approval of the director. Tree replacement shall be required for removed trees. D. In critical areas, critical area buffers, and in all native growth protection easements, tree removal is prohibited except as allowed per Chapters 23.40 through 23.90 ECDC. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021 ]. 23.10.060 Tree retention associated with development activity. A. Introduction. The city's objective is to retain as many viable trees as possible on a developing site while still allowing a feasible development proposal to move forward in a timely manner. To that end, the city requires approval of a tree retention and protection plan in conjunction with the following applications: 1. Short subdivision; 2. Subdivision; 3. New multifamily development; 4. New single-family development on a vacant lot or a demolition and replacement of a single-family house; and 5. Any tree removal on developed sites not exempted by ECDC 23.10.040. In order to make better decisions about tree retention, particularly during all stages of development, tree retention and protection plans will require specific information about the existing trees before removal is allowed Specific tree retention and protection plan review standards provided in this section establish tree retention priorities, incentives, and variations to development standards in order to facilitate preservation of viable trees. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 264 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 7 of 17 B. Tree Retention and Protection Plan. 1. An applicant for a development identified in subsection (A) of this section must submit a tree retention and protection plan that complies with this section. A qualified professional may be required to prepare certain components of a tree retention and protection plan at the applicant's expense. 2. Tree Retention and Protection Plan Components. The tree retention and protection plan shall contain the following information, unless waived by the director: a. A tree inventory containing the following: A number system of all existing significant trees on the subject property (with corresponding tags on trees); ii. Size (DBH) and estimated tree crown diameter; iii. Proposed tree status (trees to be removed or retained); iv. Brief general health or condition rating of trees (i.e., poor, fair, good, excellent, etc.); v. Tree type or species. b. A site plan depicting the following: i. Location of all proposed improvements, including building footprint, access, utilities, applicable setbacks, critical areas, buffers, and required landscaped areas clearly identified. If a short subdivision or subdivision is being proposed and the location of all proposed improvements has not yet been established, a phased tree retention and protection plan review is required as described in subsection (3)(a) of this section; ii. Accurate location of significant trees on the subject property and adjacent properties where the canopy and/or critical root zone of adjacent significant trees extend onto the subject property (surveyed locations may be required); iii. Trees labeled corresponding to the tree inventory numbering system; iv. Location of tree protection measures; V. Indicate limits of disturbance drawn to scale around all trees potentially impacted by site disturbances resulting from grading, demolition, or construction activities; vi. Proposed tree status (trees to be removed or retained) noted by an "X" or by ghosting out; vii. Proposed locations of any required replacement trees as outlined in ECDC 23.10.080 and trees required to be planted in accordance with subsection (C)(5) of this section. Where replacement trees are proposed to be planted at a different location than the project site, a description of the alternate site and written approval from the property owner must be provided. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 265 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 8 of 17 c. An arborist report containing the following: A complete description of each tree's health, condition, and viability; ii. A description of the method(s) used to determine the limits of disturbance (i.e., critical root zone, root plate diameter, or a case -by -case basis description for individual trees); iii. Any special instructions specifically outlining any work proposed within the limits of the disturbance protection area (i.e., hand -digging, tunneling, root pruning, any grade changes, clearing, monitoring, and aftercare); iv. For trees not viable for retention, a description of the reason(s) for removal based on poor health, high risk of failure due to structure, defects, unavoidable isolation (windfirmness), or unsuitability of species, etc., and for which no reasonable alternative action is possible must be given (pruning, cabling, etc.); V. Description of the impact of necessary tree removal to the remaining trees, including those in a grove; 3. Additional Tree Retention and Protection Plan Standards for Short Subdivisions and Subdivisions. Phased Review. i. If during the short subdivision or subdivision review process the location of all proposed improvements, including the building footprint, utilities, and access, have not yet been established, the applicant may submit a tree retention and protection plan that addresses the current phase of development and limits removal to the impacted areas. ii. A new tree retention and protection plan shall be required at each subsequent phase of the project as more information about the location of the proposed improvements is known subject to all of the requirements in this section. C. Tree Retention Requirements. General Tree Retention Requirements. Significant trees on lots proposed for development or redevelopment, except as substituted under subsection (F)(3) of this section, shall be retained as follows: Table 23.10.060.C. Tree Retention Requirements for Proposed Development Development Retention Required New single-family, 30% of all significant short subdivision, trees in the developable or subdivision site The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 266 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 9 of 17 Table 23.10.060.C. Tree Retention Requirements for Proposed Development Development Retention Required Multifamily 25% of all significant development, unit trees in the developable lot short site subdivision, or unit lot subdivision 2. Trees that are located within native growth protection areas, critical areas and their associated buffers, or that have otherwise been designated for protection shall not be removed except as provided for in ECDC 23.10.040(E), hazard and nuisance trees, and ECDC 23.40.220(C)(8), critical area hazard tree. 3. The director may require the retention of additional trees to meet the stated purpose and intent of this chapter, as required by the critical area regulations (Chapters 23.40 through 23.90 ECDC), or the shoreline master program (ECDC Title 24) or as site -specific conditions demand using SEPA substantive authority. 4. In addition to the tree retention requirements in subsection (C)(1) of this section, every significant tree that is removed under this chapter must be replaced consistent with the requirements of ECDC 23.10.080. 5. For developing properties identified in subsection (A) of this section that have fewer than three significant trees, trees shall be retained and/or planted that will result in the site having at least three trees, which will be significant at maturity, per 8,000 square feet of lot area. D. Priority of Tree Retention Requirements. Significant trees to be retained should be retained in the following order of priority: 1. Priority One. a. Specimen trees; b. Significant trees which form a continuous canopy; c. Significant trees on slope greater than 15 percent; d. Significant trees adjacent to critical areas and their associated buffers; and e. Significant trees over 60 feet in height or greater than 18 inches DBH. 2. Priority Two. a. Healthy tree groupings whose associated undergrowth can be preserved; b. Trees within the required yard setbacks or around the perimeter; The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 267 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 10 of 17 c. Trees that have a screening function or provide relief from glare, blight, or commercial development; d. Other significant native evergreen or deciduous trees; and Other significant nonnative trees. 3. Priority Three. Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained except where adjacent to open space, wetlands or creek buffers. E. In considering trees for retention, applicants and the city shall avoid, to the extent known, the selection of trees that are mature and may be a fall hazard, including trees adjacent to utility corridors where falling trees may cause power outages or other damage. Tree Retention Procedures. If a revised improvement placement would result in the retention of more and/or higher priority trees, the tree retention and protection plan should be adjusted to: Maximize the retention of higher priority trees; and b. Satisfy the retention requirement in subsection (C) of this section. 2. This adjustment in subsection (F)(1) of this section must be done unless the applicant can demonstrate that actual compliance with subsection (C) of this section would make the proposed development infeasible In documenting infeasibility, applicants of subdivision and short subdivision must consider implementing conservation subdivision design as provided for in ECDC 20.75.048. 3. Once the location of on -site improvements has been established through city review and applicant revision of the tree retention and protection plan, existing priority one trees not impacted by the installation of said improvements must be retained at least to the number of trees required by subsection (C) of this section, except for hazard trees and nuisance trees. 4. If there are not enough existing trees outside of the improved areas of the site to satisfy subsection (C) of this section through retention alone, the applicant shall be required to make up the deficiency as follows: a. Planting a number of new trees on -site in accordance with ECDC 23.10.080 that would be sufficient, in combination with the number of trees actually retained, to satisfy subsection (C) of this section; and b. If it is not feasible for planting under this subsection, to achieve the required number of trees, the applicant shall make a fee -in -lieu payment of $2,500 for every tree not planted pursuant to this subsection. G. If a development retains 50 percent of the significant trees on a site, the fee -in -lieu provisions of ECDC 23.10.080(E) do not apply. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021] The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 268 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 11 of 17 23.10.070 Tree protection measures during development. Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and soil to be preserved in accordance with ECDC 23.10.060(B) shall be protected from potentially damaging activities pursuant to the following standards: A. Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and grading activity, a preconstruction meeting shall be held on site with the permittee and appropriate city staff. The project site shall be marked in the field as follows: 1. The extent of clearing and grading to occur; 2. Delineation and protection of any critical areas and critical area buffers with clearing limit fencing; 3. Flagging of trees to be removed and tags on trees to be retained; and 4. Property lines. B. Placing Materials Near Trees. No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During construction, no person shall attach any object to any tree designated for protection. C. Protective Barrier. Before development, land clearing, grading, filling or any land alteration, the applicant shall: 1. Erect and maintain readily visible temporary protective tree fencing along the limits of disturbance which completely surrounds the protected area of all retained trees, groups of trees, vegetation and native soil. Tree protective fencing shall be a minimum height of three feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable. 2. Install highly visible signs spaced no further than 15 feet apart along the entirety of the protective tree fencing. Said sign must be approved by the director and shall state, at a minimum, "Tree and Soil Protection Area, Entrance Prohibited," and provide the city phone number for code enforcement to report violations. 3. Prohibit excavation or compaction of soil or other potentially damaging activities within the barriers; provided, that the director may allow such activities approved by a qualified professional and under the supervision of a qualified professional retained and paid for by the applicant. 4. Maintain the protective barriers in place for the duration of the project until the director authorizes their removal. 5. Ensure that any approved landscaping done in the protected zone subsequent to the removal of the barriers shall be accomplished with machinery from outside the protected zone or by hand. 6. Limit the time period that the critical root zone is covered by mulch, plywood, steel plates or similar materials, or by light soils, to protect the tree's critical root zone. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 269 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 12 of 17 7. In addition to the above, the director may require the following: a. If equipment is authorized to operate within the protected zone, the soil and critical root zone of a tree must be covered with mulch to a depth of at least six inches or with plywood, steel plates or similar material in order to protect roots and soil from damage caused by heavy equipment. b. Minimize root damage by hand -excavating a two -foot -deep trench, at edge of critical root zone, to cleanly sever the roots of trees to be retained. Never rip or shred roots with heavy equipment. c. Corrective pruning performed on protected trees in order to avoid damage from machinery or building activity. d. Maintenance of trees throughout construction period by watering and fertilizing. D. Grade. 1. The grade shall not be elevated or reduced within the critical root zone of trees to be preserved without the director's authorization based on recommendations from a qualified professional. The director may allow coverage of up to one-half of the area of the tree's critical root zone with light soils (no clay) to the minimum depth necessary to carry out grading or landscaping plans, if it will not imperil the survival of the tree. Aeration devices may be required to ensure the tree's survival. 2. If the grade adjacent to a preserved tree is raised such that it could slough or erode into the tree's critical root zone, it shall be permanently stabilized to prevent soil erosion and suffocation of the roots. 3. The applicant shall not install an impervious surface within the critical root zone of any tree to be retained without the authorization of the director. The director may require specific construction methods and/or use of aeration devices to ensure the tree's survival and to minimize the potential for root -induced damage to the impervious surface. 4. To the greatest extent practical, utility trenches shall be located outside of the critical root zone of trees to be retained. The director may require that utilities be tunneled under the roots of trees to be retained if the director determines that trenching would significantly reduce the chances of the tree's survival. 5. Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground cover and stumps be maintained on the individual lots, where feasible. 6. The director may approve the use of alternative tree protection techniques if those techniques provide an equal or greater degree of protection than the techniques listed in this subsection. E. Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 270 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 13 of 17 F. Additional Requirements. The director may require additional tree protection measures that are consistent with accepted urban forestry industry practices. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021 ]. 23.10.080 Tree replacement. A. Replacement Required. Tree replacement is required for tree cutting permits required by this chapter and/or for tree removal associated with the development types identified in ECDC 23.10.060(A). Each significant tree to be removed shall be replaced as follows: For each significant tree between six inches and 10 inches DBH removed, one replacement tree is required. 2. For each significant tree between 10.1 inches and 14 inches in DBH removed, two replacement trees are required. 3. For each significant tree greater than 14 inches and less the 24 inches in DBH removed, three replacement trees are required. B. No tree replacement is required in the following cases: 1. The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable assurance of regaining vigor, for reasons not attributable to the development. 2. The tree is proposed to be relocated to another suitable planting site; provided, that relocation complies with the standards in this section. C. Prior to any tree removal, the applicant shall demonstrate through a tree protection and replacement plan, critical area mitigation plan, or other plans acceptable to the director that tree replacement will meet the minimum standards of this section. D. Replacement Specifications. Minimum sizes for replacement trees shall be: a. One -and -one -half -inch caliper for deciduous trees; b. Six feet in height for evergreen trees. 2. The director may consider smaller -sized replacement trees if the applicant can demonstrate that smaller trees are more suited to the species, the site conditions, and the purposes of this section, and that such trees will be planted in sufficient quantities to meet the intent of this section. 3. Replacement trees shall be primarily native species. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 271 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 14 of 17 4. Replacement trees must be planted within the city of Edmonds or its urban growth area. E. Tree Replacement Fee In Lieu. After providing clear documentation to planning and development that all replacement options have been considered and are infeasible, including arborist reports as necessary, the developer shall pay a fee -in -lieu for each replacement tree required but not replaced. The amount of the fee shall be $1,000 multiplied by the number of trees necessary to satisfy the tree replacement requirements of this section and shall be deposited into the city's tree fund. 2. The fee shall be paid to the city prior to the issuance of a tree removal permit or associated development permit. 3. For each significant tree greater than 24 inches in DBH removed, a fee based on an appraisal of the tree value by the city tree protection professional using trunk formula method in the current edition of the Guide for Plant Appraisal shall be required. 4. In no case shall the fee -in -lieu payments required by this subsection exceed $2.00 per square feet of lot area. [Ord. 4299 § 66 (Exh. A), 2023; Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021 J. 23.10.085 Protected trees - Notice on title. The owner of any property that included a tree(s) identified for retention and protection on an approved tree retention and protection plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction shall, as a condition of permit issuance, record a notice on title of the existence of such protected trees against the property with the Snohomish County auditor's office. The notice shall be approved by the director and the city attorney for compliance with this provision. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.090 Bonding. A. The director may require a performance bond for tree replacement and site restoration to ensure the installation of replacement trees, and/or compliance with other landscaping requirements as identified on the approved site plans. B. The bond shall be in the amount of 120 percent of the estimated cost of implementation of the tree replacement and/or site restoration including trees, irrigation and labor. C. A two-year maintenance bond shall be required after the installation of required site improvements and prior to the issuance of a certificate of occupancy or finalization of permit and following required landscape installation or tree replacement. The maintenance bond shall be in place to ensure adequate maintenance and protection of The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 272 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 15 of 17 retained trees and site improvements. The maintenance bond shall be for an amount of 15 percent of the performance bond or estimate in subsection (B) of this section. D. The director shall exempt individual single-family lots from a maintenance bond, except where a clearing violation has occurred or tree replacement is located within critical areas or critical area buffers. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.100 Violation, enforcement and penalties. A. Noncompliance with any section of this chapter constitutes a violation of this code. B. A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable as provided in Chapter 5.50 ECC. C. Penalties. 1. Aiding or Abetting. Any person who, through an act of commission or omission, procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. All persons who have been found to commit a violation under this chapter shall be responsible for an equal share of any penalties imposed under subsection (C)(2) of this section. 2. Civil Penalties. Any person violating any provisions of this chapter shall have committed a civil infraction and may be subject to civil penalties in addition to any criminal penalties. Pursuant to Chapter 64.12 RCW, the city may be entitled to triple the amount of civil damages claimed or assessed. The extent of the penalty shall be determined according to one or more of the following: a. An amount reasonably determined by the director to be equivalent to the costs estimated by the city to investigate and administer the infraction; b. The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property or the value received by the violator or savings of construction costs realized by the violator performing any act in violation of this chapter); C. Removal of existing 12-inch diameter or larger trees in violation of this chapter will require an appraisal of the tree value by the city tree protection professional using trunk formula method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed existing trees in violation of this chapter; d. Penalty for illegal removal of trees shall be $1,500 per tree less than 12 inches in diameter and the appraised value of trees 12 inches or more in diameter. Penalties shall be paid into the city tree fund. If diameter of removed tree is unknown, determination of the diameter size shall be made by the city arborist by comparing size of stump and species to similar trees in similar growing conditions; The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 273 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 16 of 17 e. The cost of replacing and replanting the trees and restoring the disturbed area according to a specific plan approved by the city. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the director, that provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, is equivalent to the site condition that would have existed in the absence of the violation(s); f. If illegal tree topping has occurred, the property owner shall be required to have a certified arborist develop and implement a five-year pruning schedule in addition to monetary fines and/or required tree replacement. 3. Civil penalties under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the city. The notice shall describe the violation, the approximate date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary corrective action within a specific time. 4. Any fiscal penalty recovered under this section shall be deposited in the city's tree fund as established in Chapter 3.95 ECC. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 23.10.110 Liability. A. Liability for any adverse impacts, damages or injury resulting from work performed in accordance with any permit issued by the city under ECDC 23.10.030 shall be the sole responsibility of the permit applicant and/or owner of the property or site for which the permit was issued, and shall not be the responsibility of the city of Edmonds. Issuance by the city of any permit under this chapter shall not be construed as an assumption of any risk or liability by the city of Edmonds, nor as a warranty or guarantee that the work authorized by the permit will have no adverse impact or will cause no damages or injury to any person or property. B. Issuance by the city of a permit under ECDC 23.10.030 and/or compliance by the applicant and/or property owner with any permit conditions therein shall not relieve an applicant and/or property owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage to persons or property resulting from the work authorized by any permit issued under this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the city limits from the duties imposed under Chapter 9.25 ECC to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard or a nuisance. D. The amount of any security required as part of any land development permit with which tree removal is associated shall not serve as a gauge or limit to the compensation that may be owed by a property owner as a result of injury or damages to persons or property resulting from any tree removal authorized under this chapter [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 274 9.3.g Ch. 23.10 Tree Related Regulations I Edmonds Community Development Code Page 17 of 17 The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development 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 Community Development Code is current through Ordinance 4379, passed January 14, 2025. Packet Pg. 275