Loading...
Resolution 1593RESOLUTION NO. 1593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPROVING A PRE -APPROVED DETACHED ACCESSORY DWELLING UNIT PROGRAM; APPROVING A TEMPLATE PROGRAM PARTICIPATION AND LICENSE AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENTS ON BEHALF OF THE CITY WHEREAS, the city council desires to support the availability of detached accessory dwelling units ("DADU") within the City; and WHEREAS, the City administration has developed a voluntary pre -approved DADU program intended to make selected standard DADU plans more readily available to private property owners and to facilitate more efficient permit review; and WHEREAS, the program is intended to operate as a City -administered plan -review and public -information program, and not as a City procurement of architectural, engineering, construction, design -build, or other professional services for a City -owned project; and WHEREAS, designers, architects, builders, design -build teams, and other eligible participants may submit DADU plans for consideration under program criteria established by the City; and WHEREAS, the city council desires to approve the program and authorize the mayor to enter into program participation and license agreements with selected participants; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASH INGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Program and Form Agreement Approved. The city council approves the City's voluntary Pre -Approved DADU Program and approves the form of Pre -Approved DADU Program Participation and License Agreement attached to this Resolution as Exhibit A and incorporated herein by this reference. Section 2. Authorization to Execute Agreements. The mayor is authorized, on a standing basis and without further city council approval, to execute Pre -Approved DADU Program Participation and License Agreements with one or more program participants, provided that each agreement is substantially in the form attached as Exhibit A. Section 3. Minor Revisions. The mayor is authorized to approve and execute agreements containing nonmaterial revisions to the form attached as Exhibit A, PROVIDED THAT the revisions are approved by the City Attorney and do not materially increase the City's obligations or materially alter the risk allocation approved by this Resolution. Section 4. No Obligation to Select Plans. Nothing in this Resolution requires the City to select any particular participant or plan, to pre -approve any particular plan, or to maintain any plan or participant in the program for any minimum period of time. RESOLVED this 14th day of July, 2026. Mike Rosen (Jul 15, 2026 07:48:48 PDT) MAYOR, MIKE ROSEN ATTEST/AUTH ENTICATE: CITY CLERK, LUKE LONIE FILED WITH THE CITY CLERK: JUNE 16, 2026 PASSED BY THE CITY COUNCIL: JULY 14, 2026 RESOLUTION NO: 1593 EXHIBIT A Form of Pre -Approved DADU Program Participation and License Agreement PRE -APPROVED DADU PROGRAM PARTICIPATION AND LICENSE AGREEMENT Participation and license agreement for use between a city and a participating designer, architect, builder, or design -build team. City: City of Edmonds Participant: [Participant Name] Effective Date: [Date] Plan(s): [Insert description of pre -approved DADU plan(s)] THIS AGREEMENT is entered into by and between the City of Edmonds (the "City") and [Participant Name] (the "Participant"). NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Purpose and Program Structure A. The City administers a voluntary pre -approved detached accessory dwelling unit (DADU) program intended to make selected standard plans more readily available to private property owners. B. The Participant is not being retained to provide project design services for a City - owned project. Instead, the Participant is applying to participate, and if selected, to remain in, the City's pre -approved DADU program subject to the terms of this Agreement. C. The City's role is limited to program administration, plan review for the scope of pre -approval identified by the City, maintenance of a public -facing gallery or listing of selected plans, and related program management. 2. Selection, Deliverables, and Scope of Participation A. The Participant may submit one or more DADU designs for consideration under the program criteria established by the City. B. If the Participant is selected, the Participant shall furnish a permit -ready plan set and such supporting materials as the City reasonably requires for pre -approval, including drawings, specifications, calculations, schedules, details, images, descriptive materials, pricing disclosures, and contact information. The phrase "permit -ready plan set" in this document means: "a pre -approval -ready base plan set, suitable for City review under the program, but not necessarily sufficient for issuance of a site -specific building permit without additional site -specific materials." C. The Participant shall timely revise and resubmit materials as reasonably necessary to address review comments during the pre -approval process. D. Nothing in this Agreement obligates the City to select any particular plan, to pre - approve any plan, or to keep any plan in the program for any minimum period of time. 3. Nature and Limits of Pre -Approval A. Any City pre -approval is limited to the specific plan components and code issues identified by the City's program materials, written determinations, and review records. B. Pre -approval does not eliminate site -specific review. Zoning, setbacks, lot coverage, height, utilities, drainage, foundation design, grading, tree retention, geotechnical issues, environmental constraints, and other permit requirements remain subject to separate review as applicable. C. Modifications to a pre -approved plan may limit or void the usefulness of the pre - approval, as determined by the City. 4. Intellectual Property and City License A. The Participant retains all right, title, and interest, including copyright, in and to the submitted materials and any pre -approved plan. The Participant represents and warrants that it owns or has obtained all rights necessary to submit the materials to the City and to grant the license in this Agreement, including rights from employees, subconsultants, photographers, rendering vendors, engineers, architects, and other contributors. B. The Participant grants the City a nonexclusive, royalty -free license to reproduce, copy, display, publish, distribute, and use the submitted materials and selected plan materials solely for administration, review, promotion, and operation of the program, including online display, archival retention, public information materials, and permit processing associated with the program. C. Except for the limited license granted above, the City acquires no ownership interest in the Participant's intellectual property and no right to sell, sublicense, or authorize construction from the plan except as expressly contemplated by the program. D. The City may use plan images, floor plans, renderings, descriptive text, pricing disclosures, and similar materials in print and digital program materials. 5. Relationship With Homeowners and Other Private Parties A. A homeowner or other private property owner who wishes to use a pre -approved plan shall separately contract with the Participant, or otherwise obtain rights from the Participant, for any plan license, site adaptation, site plan, permitting assistance, engineering coordination, construction administration, fabrication, or construction services. B. The City is not a party to any agreement between the Participant and a homeowner, builder, contractor, or other private party, and the City assumes no responsibility for such private agreements or the performance of services under them. C. The Participant shall clearly disclose to prospective users of a pre -approved plan the scope and limits of City pre -approval, the need for site -specific review, the price of any plan license, the Participant's additional fees or rates, and any restrictions on reuse or modification of the plan. 6. Program Pricing Parameters A. Unless the City establishes different pricing requirements in the program materials or by written amendment, the Participant shall not charge more than $1,000 for a homeowner's license to use a pre -approved plan. B. The Participant may separately charge for additional private services, including site -specific design, permit application materials, engineering, or construction - related services, provided those fees are disclosed as required by the program. 7. Professional Responsibility and Standard of Care A. The Participant is solely responsible for the professional quality, technical accuracy, and code conformance of the submitted materials and any services performed by the Participant or its subconsultants. B. City review, comments, acceptance, or pre -approval do not relieve the Participant of responsibility for errors, omissions, negligent acts, or code deficiencies in the submitted materials or related services. C. If the Participant is an architect, engineer, or other licensed design professional, the Participant shall perform all professional services in accordance with the standard of care applicable to similarly situated professionals practicing in Washington. 8. Releases, Disclaimers, and Site -Specific Risk A. Because a pre -approved plan may not be suitable for every site, the Participant remains responsible for any site -specific services performed by or through the Participant. B. If a homeowner elects to use the plan without retaining the Participant for site - specific services, the Participant may require the homeowner to execute a separate license agreement, release, or limitation -of -liability document, provided that such document does not bind the City or conflict with program requirements. C. The City may require a homeowner using a pre -approved plan to acknowledge disclaimers or releases established by the City for program use. 9. Insurance and Licensing A. Throughout the term of participation, the Participant shall maintain all licenses, registrations, and professional credentials required by law for the services the Participant elects to provide. B. If the Participant is required to be registered as a contractor under chapter 18.27 RCW, the Participant shall maintain liability insurance or other financial responsibility in at least the minimum amounts required for contractor registration in Washington. C. Without limiting subsection B, the Participant shall maintain liability insurance or other financial responsibility with limits of not less than $50,000 for property damage and $200,000 for public liability, or a combined single -limit policy of not less than $250,000. D. If the Participant provides or offers architectural, engineering, design, plan - preparation, or other professional services in connection with a pre -approved plan, the Participant shall maintain any professional liability insurance required by law or by the Participant's applicable professional licensing, registration, or contractual obligations. E. Upon request, the Participant shall provide certificates of insurance or other evidence of coverage, financial responsibility, registration, and licensure reasonably satisfactory to the City. 10. Indemnification and Defense A. To the fullest extent permitted by law, the Participant shall defend, indemnify, and hold harmless the City and its officials, employees, and agents from and against claims, demands, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to the Participant's submitted materials, plan documents, services, representations, omissions, or breach of this Agreement. To the extent RCW 4.24.115 applies, the Participant's duty to indemnify, defend, or hold harmless the City for bodily injury, property damage, or damages arising from architectural, engineering, construction, or related services applies only to the extent of the negligence of the Participant or its agents, employees, subconsultants, contractors, or representatives, and does not apply to the sole negligence of the City. B. The preceding obligation includes claims alleging defects in design or construction documents, negligent professional services, code noncompliance, bodily injury, property damage, or infringement of intellectual property rights, except to the extent caused by the City's unauthorized modification or use outside the license granted by this Agreement. 11. Public Listing, Marketing, and Program Administration A. The City may display the Participant's name, firm name, contact information, biography, plan descriptions, dimensions, images, pricing information, and similar program materials in an online gallery or other public -facing materials. B. The City may edit descriptive materials for length, formatting, accessibility, plain language, and consistency, provided the City does not materially misrepresent the plan. C. The Participant shall not represent that the City guarantees permit issuance, site suitability, price, construction quality, or the Participant's services. The City's listing is not an endorsement, recommendation, warranty, or referral. 12. Updates, Suspension, and Removal A. If code changes or program modifications affect the continued suitability of a pre - approved plan, the City may require updates as a condition of continued participation. B. The Participant is not obligated to update a plan unless the Participant elects to keep the plan in the program or otherwise agrees to provide updates. C. The City may reject, suspend, or remove a plan or Participant from the program at any time, with or without cause, including for breach of program requirements, loss of insurance or licensure, misleading pricing or marketing, failure to provide requested updates, or modification or termination of the program itself. 13. Independent Contractor; No Retention for City Project A. The Participant is and shall remain an independent contractor and not an employee, partner, joint venturer, or agent of the City. B. This Agreement does not retain the Participant to design a City -owned capital project. The City is not purchasing, procuring, or receiving architectural, engineering, construction, or design -build services from the Participant under this Agreement. The Participant's participation is for inclusion in a voluntary public information and permit facilitation program only. No City funds are paid to the Participant, and no City -owned project or City -required professional service is being awarded. 14. Records and Cooperation A. The Participant shall maintain records reasonably sufficient to demonstrate compliance with program requirements, including insurance, licensure, and pricing disclosures, and shall furnish such records to the City upon reasonable request. B. The Participant shall cooperate with reasonable City requests relating to program administration, permit processing, correction of inaccurate public information, and response to complaints concerning the Participant's participation in the program. C. The Participant acknowledges that materials submitted to the City may constitute public records subject to disclosure under chapter 42.56 RCW. The City does not agree to treat submitted materials as confidential except to the extent a specific exemption or prohibition applies. The Participant shall clearly identify any materials it contends are exempt from disclosure, but such identification is not binding on the City. 15. Term and Survival A. This Agreement begins on the Effective Date and continues until terminated by either parry upon written notice, except that the City may immediately suspend or terminate participation as provided in this Agreement. B. The City's rights to retain archival copies, maintain records of prior program participation, and use previously published program materials for historical, administrative, or recordkeeping purposes survive termination. C. Sections concerning intellectual property, indemnification, professional responsibility, records, and any obligations that by their nature should survive termination shall survive termination of this Agreement. 16. Notices and Signatures A. Notices under this Agreement may be delivered by hand, by mail, or by email to the contacts identified below or to any updated contact designated in writing by either parry. DATED THIS day of CITY OF EDMONDS 2026. [NAME OF PARTICIPANT] Mike Rosen, Mayor [Name, Title] ATTEST/AUTHENTICATED: Luke Lonie, City Clerk APPROVED AS TO FORM: Office of the City Attorney