2022-02-08 City Council - Full PSPP Agenda-30751
o Agenda
Edmonds City Council
3LIC SAFETY, PERSONNEL & PLANNING - SPECIAL ZOOM
VIRTUAL ONLINE MEETING
EDMONDS CITY COUNCIL MEETINGS WEB PAGE,
HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA
98020
FEBRUARY 8, 2022, 4:00 PM
THIS MEETING IS HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO VIEW OR LISTEN TO
THE COMMITTEE MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER
USING A COMPUTER OR SMART PHONE:
HTTPS://ZOOM. US/J/95798484261
OR JOIN BY DIAL -UP PHONE:
US: +1 253 215 8782
WEBINAR ID: 957 9848 4261
COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF.
COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS.
CALL TO ORDER
COMMITTEE BUSINESS
1. Ordinance amending ECC 1.02 Public Records Requests (5 min)
2. Position Description Revisions - Day Camp (5 min)
3. Adoption of Extreme Risk Protection Order Statute into Edmonds Municipal Code (10 min)
4. Covid Premium Payments & Vacation for Essential Workers (15 min)
5. Administrative Assistant - General Job Description (10 min)
6. 2021 Public Defender's Office Annual Report (0 min)
7. Public Defense Contract Renewal (0 min)
8. Update on State Public Safety Policy (10 min)
ADJOURN
Edmonds City Council Agenda
February 8, 2022
Page 1
2.1
City Council Agenda Item
Meeting Date: 02/8/2022
Ordinance amending ECC 1.02 Public Records Requests
Staff Lead: Scott Passey
Department: Administrative Services
Preparer: Scott Passey
Background/History
On May 18, 2021, the City Council approved the reorganization and job description changes of the City
Clerk's Office and Administrative Services Department. The reorganization resulted in the creation of the
job title "Public Records Officer," which position is solely responsible for responding to public records
requests.
Staff Recommendation
Presentation in PSPP Committee and passage of the ordinance on a subsequent consent agenda.
Narrative
Because the city clerk is no longer responsible for public records requests, it is proposed that ECC 1.20
be amended to reflect this change. The attached ordinance replaces all instances of "city clerk" with
"public records officer." The ordinance also transfers responsibility for modifications to fees and
changes to the administrative services director or designee (ECC 1.20.070).
Attachments:
Draft Ordinance ECC 1.20 Public Records Requests
Packet Pg. 2
2.1.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 1.20 ECC, ENTITLED
"PUBLIC RECORDS REQUESTS," TO ALIGN WITH THE
REORGANIZATION OF THE ADMINISTRATIVE SERVICES
DEPARTMENT
WHEREAS, on May 18, 2021, the City Council approved the reorganization and job
description changes of the City Clerk's Office and Administrative Services Department; and
WHEREAS, the reorganization resulted in the creation of the job title "Public Records
Officer," which position is solely responsible for responding to public records requests; and
WHEREAS, because the city clerk is no longer the designated Public Records Officer, the
city council would like to amend Chapter 1.20 to reflect this change;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 1.20 of the Edmonds City Code, entitled "Public Records Requests,"
is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated
herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown
in strike thr-,,,g ).
Section 2. Effective Date. This ordinance, being an administrative function of the city
council, 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 NELSON
ATTEST/AUTHENTICATED :
Packet Pg. 3
2.1.a
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: February 11, 2022
PASSED BY THE CITY COUNCIL: February 15, 2022
PUBLISHED: February 18, 2022
EFFECTIVE DATE: February 23, 2022
ORDINANCE NO.
2
Packet Pg. 4
2.1.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the 15th day of February, 2022, the City Council of the City of Edmonds, passed
Ordinance No. . A summary of the content of said ordinance, consisting of the
title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 1.20 ECC, ENTITLED "PUBLIC RECORDS
REQUESTS," TO ALIGN WITH THE REORGANIZATION OF THE
ADMINISTRATIVE SERVICES DEPARTMENT
The full text of this Ordinance will be mailed upon request.
DATED this 15th day of February, 2022.
CITY CLERK, SCOTT PASSEY
3
Packet Pg. 5
2.1.a
Chapter 1.20
PUBLIC RECORDS REQUESTS
Sections:
1.20.005 Authority and purpose.
1.20.010 City cler-k as public records offiser Form for request.
1.20.020 Processing of public records requests.
1.20.025 Providing records to requestor.
1.20.030 Exemptions.
1.20.040 Copying fees.
1.20.045 Index of public records — Findings and order.
1.20.050 Transcriptions.
1.20.060 Certification fees.
1.20.070 Modifications to fees and charges.
1.20.080 Repealed.
1.20.005 Authority and purpose.
A. RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt
"public records" in accordance with published rules. The Act, RCW 42.56.010(3), defines "public record"
to include any "writing containing information relating to the conduct of government or the performance of
any governmental or proprietary function prepared, owned, used, or retained" by the agency regardless of
physical form or characteristics and specifically excludes records that are not otherwise required to be
retained by the agency. RCW 42.56.070(2) requires each agency to set forth "for informational purposes"
every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records
held by that agency.
B. The purpose of this chapter is to establish the procedures the city of Edmonds will follow in order to
provide full access to public records. These rules provide information to persons wishing to request access
to public records of the city of Edmonds and establish processes for both requestors and city of Edmonds
staff that are designed to best assist members of the public in obtaining such access.
C. The purpose of the Act is to provide the public full access to information concerning the conduct of
government, mindful of individuals' privacy rights and the desirability of the efficient administration of
government. The Act and these rules will be interpreted in favor of disclosure. In carrying out its
responsibilities under the Act, the city of Edmonds will be guided by the provisions of the Act describing
its purposes and interpretation.
D. The provisions of this chapter shall not apply to court case records and administrative records
maintained by the Edmonds municipal court in connection to judicial proceedings and records related to the
management, supervision, or administration of the court. Access to these records is governed by
Washington State Court Rules General Rule 31.1 and case law.
E. The provisions of this chapter shall not be construed to create any additional legal obligations upon the
city or an independent cause of action against the city. [Ord. 4095 § 1, 2018].
1.20.010 City elerk as public records offieer Form for request.
A13. All persons desiring to inspect or receive a copy of any public record of the city must make their
request to the "public records officer, or designee, by submitting an online records request via the
public records request web portal on the city of Edmonds website.
M
Packet Pg. 6
2.1.a
BE. A requestor without access to the online portal may submit a request to the ^public records
officer via mail or in person on the forms specified by the city public records officer at City Hall. The
"public records officer will then enter the request in the city's public records request portal for
purposes of tracking, processing and providing responses to such records requests. [Ord. 4095 § 1, 2018;
Ord. 3641 § 1, 2007; Ord. 3011 § 1, 1995].
1.20.020 Processing of public records requests.
A. Prompt Responses. Responses to requests for public records shall be made promptly and pursuant to
guidelines established in Chapter 42.56 RCW.
B. Acknowledging Receipt of Request. Within five business days of receiving a written public record
request, not including the date on which the "public records officer receives the request, the city
must acknowledge the request in one of the ways provided in this subsection:
1. Provide the record;
2. Provide an internet address or link on the city's website to the specific records requested, except
that if the requester notifies the city that he or she cannot access the records through the internet, then
the city will provide access to copies. If copies are requested, provide the copies to the requestor after
payment for the copies has been made by the requestor, or, if copies are being released in installments,
after payment of a deposit is made pursuant to ECC 1.20.040(A);
3. Acknowledge that the city has received the request and provide a reasonable estimate of the time
the city will require to respond to the request. This estimate will take into consideration the large
number or volume of records requested, the complexity of the request, the time it will take to
coordinate departments to locate and assemble the requested records, third -party notice, review of
records for exemption and review of exemptions and records by legal staff,
4. If the request is unclear or does not sufficiently identify the requested records, the city will request
clarification from the requestor. Such clarification may be requested and provided by telephone. The
^public records officer or designee may revise the estimate of when records will be available
based on the clarification from the requestor. If the requestor fails to respond to the request to clarify
and the entire request is unclear, the city of Edmonds need not respond to the request. Otherwise the
city will respond to the portions of the request that are clear;
5. Deny the public record request. Denials must be accompanied by a written statement of specific
reasons therefor.
C. Identifiable Record. A public records request must be for identifiable records. A request for all, or
substantially all, records prepared, owned, used or retained by the city is not a valid request for identifiable
records; provided, that a request for all records regarding a particular topic or containing a particular
keyword or name shall not be considered a request for all of the city's records.
D. Automated Requests. The city may deny an automated or "hot" request that is one of multiple requests
from the requestor within a 24-hour period. `Bot request" means a request for public records that the city
reasonably believes was automatically generated by a computer program or script.
E. Protecting Rights of Others. In the event that the requested records contain information that may affect
the rights of others and may be exempt from disclosure, the "public record officer may, prior to
providing the records, give notice to such others whose rights may be affected by the disclosure pursuant to
RCW 42.56.580. Such notice should be given so as to make it possible for those other persons to seek an
order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy
of the request and shall allow the affected person no more than 10 business days to prevent or limit the
disclosure of the record.
F. Records Exempt from Disclosure. Some records are exempt from disclosure, in whole or in part. If the
city believes that a record is exempt from disclosure and should be withheld, thety eler-kpublic records
5
Packet Pg. 7
2.1.a
officer will state the specific exemption and provide a brief explanation of why the record or a portion of
the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is
not exempt, the ^public records officer will redact the exempt portions, provide the nonexempt
portions, and indicate to the requestor why portions of the record are being redacted.
G. Privilege Log. If the city determines that a record is exempt and should be withheld, in whole or in part,
the city will prepare and maintain a privilege log of those records. The privilege log will identify: the type
of record withheld; the date of record; the number of pages withheld; the author and/or recipient; the
exemption invoked; and a brief explanation of how the exemption applies to the withheld record. A copy of
the privilege log will be provided to the records requestor.
H. No Duty to Create Records. The city is not obligated to create a new record in order to satisfy a request
for records.
I. Request for Information. The city may deny a request for information as the request is not a request for a
public "record" as required under Chapter 42.56 RCW. [Ord. 4095 § 1, 2018; Ord. 3812 § 1, 2010; Ord.
3641 § 1, 2007; Ord. 3011 § 1, 1995].
1.20.025 Providing records to requestor.
A. Receiving Records. The requestor may indicate to the cty clerkpublic records officer whether he or she
wishes to inspect records, have the records copied, or have the records uploaded to the city's online records
request web portal.
B. Inspection of Records. If a requestor seeks an opportunity to inspect public records, the " up blic
records officer shall make the records available for inspection at City Hall during regular business hours.
The eity eleApublic records officer, or designee, shall be present or otherwise monitor when records are
being inspected. The requestor shall indicate which documents he or she wishes the agency to copy and the
"public records officer will notify the requestor when the requested documents will be available to
claim.
C. Providing Records in Installments. Public records may be made available on a partial or installment
basis as records that are part of a larger set of requested records are assembled or made ready for public
inspection or disclosure.
D. Revised Estimate of Time. At any time while processing a request, the ^public records officer
may provide the requestor with a revised reasonable estimate of time within which the city will respond to
the request. A revised estimate of time will be based on the factors detailed in ECC 1.20.020(B)(3). In
addition, a revised estimate may be based upon any unexpected or unforeseen delays encountered during
the request processing, additional requests submitted by the same requestor while the initial request is
pending, and changed circumstances or other considerations ascertained during processing.
E. Providing Electronic Records. When a requestor requests records in an electronic format, if technically
feasible, the "public records officer will provide the nonexempt records or portions of such records
that are reasonably locatable in an electronic format that is used by the city of Edmonds and is generally
commercially available; or will provide the records in a format that is reasonably translatable from the
format in which the agency keeps the record. The requestor may also opt to have the records provided to
them on digital storage media or device.
F. Withdrawn or Abandoned Requests. The city may consider a request abandoned and close a request
when the requestor either withdraws their request or fails to fulfill their obligations in the processing of the
request. The city may consider a request abandoned in the following circumstances:
1. If an entire request is unclear, and the requestor fails to clarify the request within 30 days of the
city's request for clarification;
2. If the requestor fails to inspect records within 30 days of being notified that records are available for
inspection;
T
Packet Pg. 8
2.1.a
3. If the requestor misses an appointment to inspect records and fails to contact the city within 30 days
of the missed appointment;
4. If the requestor fails to view records within 30 days of being notified that records are available for
electronic inspection;
5. If the requestor fails to pick up records at City Hall within 30 days of being notified that the records
are available for in -person pick-up; or
6. If the requestor fails to pay a deposit or the final payment for the requested copies of records within
30 days of receiving an invoice from the city for payment thereof.
G. Closing a Request. After the ^public records officer has completed a request for disclosure by
providing the requestor with responsive documents and a redaction log, if applicable, the e up blic
records officer will close the request and inform the requestor of this status. The closure of a request shall
signify that the request has been completed and is considered determinative. [Ord. 4095 § 1, 2018].
1.20.030 Exemptions.
The city adopts by reference the exemptions from public disclosure contained in Chapter 42.56 RCW,
including any future amendments thereto or recodification thereof, along with any other exemption
provided by law, including but not limited to those exemptions set forth in Exhibit C to "Public Records
Act for Washington Cities and Counties," Municipal Research and Services Center, Report No. 61, July
2006, a copy of which shall be maintained in the office of the city clerk. [Ord. 4095 § 1, 2018; Ord. 3641 §
1, 2007; Ord. 3011 § 1, 1995].
1.20.040 Copying fees.
A. The city of Edmonds finds that calculating the actual cost to charge the requestor is unduly burdensome
and would interfere with city of Edmonds operations. The city employs over 100 employees who earn
different salaries and different rates of pay. City public records officer would be required to maintain a
record of all employees who contributed to each part of a public record request and potentially charge
different amounts for multiple scanned pages. The response time to a public records request may also be
delayed in order to calculate scanning costs and create invoices with different rates of scanning charges.
The amount of work involved in calculating the cost in providing copies for all separate requests would
require a significant portion of one employee's time. The performance of the city of Edmonds overall
mission does not allow for the addition to, or the revision or reassignment of, duties for existing personnel
so that these calculations can be done without hiring additional staff. Anticipated revenue, along with
adopted priorities for expenditures, does not allow for the hiring of an additional employee for this purpose.
Based on the findings above, the city will charge the requestor for photocopies or electronically produced
copies of public records in accordance with the charges set forth in RCW 42.56.120(2). Pursuant to that
statute, the city will provide, upon request, a summary of the applicable charges before any copies are made
to allow the requestor to revise the request to reduce the number of copies to be made and reduce the
applicable charges. If a request requires the use of a commercial copy service, including but not limited to
large -copy projects, color copies, and oversized copies, the costs for copies will be the actual cost of the
copies charged by such outside vendor.
The "public records officer may require a deposit in an amount not to exceed 10 percent of the
estimated cost of providing copies for a request, including customized service charges. If public records are
made available on a partial or installment basis, the applicable fees shall be due and payable for each part
of the request as it is provided.
B. Costs for Electronic Records. The cost of providing electronic copies of records on digital storage media
or device will be the actual cost. If electronically produced copies are being provided by email or through
the public records portal, cost for the records will be in accordance with RCW 42.56.120. There will be no
charge for transmitting electronic records to a requestor, unless another cost applies such as a scanning fee.
7
Packet Pg. 9
2.1.a
C. Costs of Mailing. The city of Edmonds may also charge actual costs of mailing, including the cost of a
shipping container; and the actual cost of long-distance fax transmission.
D. Payment. Payment for the costs of records may be made by cash, check, Mastercard, or Visa, made
payable to the city of Edmonds.
E. Other statutes govern charges for particular kinds of records. As examples, RCW 46.52.085 (charges for
traffic accident reports); RCW 10.97.100 (copies of criminal histories); RCW 3.62.060 and 3.62.065
(charges for certain records maintained by courts).
F. The requestor may challenge the city's fee estimate when the requestor believes the city has not made a
"reasonable estimate of the charges to produce the copies of records" by seeking judicial review of the
city's action by filing a motion within Snohomish County superior court pursuant to the provisions of RCW
42.56.550.
G. The city of Edmonds has the discretion to waive copying charges for photocopies or electronically
produced copies of public records. The city may also enter into a contract, memorandum of understanding,
or other agreement with a requestor that provides an alternative fee arrangement to the charges authorized
in RCW 42.56.120, or in response to a voluminous or frequently occurring request. For administrative
convenience, the city will waive copying charges for photocopies or electronically produced copies of
public records, if the total charges are less than $1.00 per request. [Ord. 4095 § 1, 2018; Ord. 3641 § 1,
2007; Ord. 3011 § 1, 19951.
1.20.045 Index of public records — Findings and order.
A. Findings.
1. The Public Records Act requires all cities and public agencies to maintain and make available a
current index of all public records.
2. RCW 42.56.070(4) provides that an agency need not maintain such an index if to do so would be
unduly burdensome, but it must issue and publish a formal order specifying the reasons why and the
extent to which compliance would be unduly burdensome or would interfere with agency operations.
3. The city is comprised of numerous departments, their divisions and subdivisions, many if not all of
which maintain separate databases and/or systems for the indexing of records and information.
4. Because the city has records which are diverse, complex and stored in multiple locations and in
multiple computer systems, formats and/or databases, it is unduly burdensome, if not physically
impossible, to maintain a current index of all records.
B. Order. Based upon the findings set forth in subsection (A) of this section, and pursuant to RCW
42.56.070(4), the city council orders the following:
1. The city is not required to maintain an all-inclusive index of public records due to the undue burden
and near -impossibility of maintaining such an index.
2. The city will make available for inspection and/or copying all public records, including any indexes
that are maintained by the city, except to the extent that such records are exempt from public
disclosure. [Ord. 4095 § 1, 2018; Ord. 3641 § 2, 2007].
1.20.050 Transcriptions.
The following procedures shall apply unless inconsistent with an order of the Snohomish County superior
court:
A. When the city is required to prepare a verbatim written transcript of any proceeding of the city in
response to a writ of review or other action filed in the superior court or any other state or federal court, the
cost of preparing the same shall be borne by the party filing the action pursuant to rates and charges as
proposed by the city clerk and approved by the city council. The party filing such action shall pay to the
Packet Pg. 10
2.1.a
city clerk the estimated costs, as determined by the city clerk, of the preparation of the transcript based on
the aforementioned rates and charges, including copying costs, and the city clerk shall thereafter have the
transcript prepared.
B. Should the actual cost incurred by the city in the preparation of the transcript exceed the amount
deposited with the city clerk, the party making such deposit shall be required to reimburse the city for such
additional amount within 10 days of notification that such amount is due or prior to the time the transcript
is required to be filed with the court, whichever occurs first. Should the actual cost incurred by the city be
less than the estimated cost deposited, such credit due shall be reimbursed by the city to the party making
the deposit. [Ord. 4095 § 1, 2018; Ord. 3011 § 1, 1995].
1.20.060 Certification fees.
The city clerk shall establish fees for the certification of public records and such fees shall be approved by
resolution by the city council. The city clerk shall determine the manner in which, as consistent with
applicable law, records and groups of records are to be certified. [Ord. 4095 § 1, 2018; Ord. 3011 § 1,
1995].
1.20.070 Modifications to fees and charges.
All fees and charges identified in this chapter may be modified by the ^administrative services
director or designee, as approved by resolution of the city council from time to time as deemed necessary
by the eiPf eler-k to reflect increases in the costs of providing the services identified in this chapter. All fees
and charges established pursuant to this chapter shall reflect the actual costs of the services provided. [Ord.
4095 § 1, 2018; Ord. 3011 § 1, 1995].
1.20.080 Public disclosure forms.
Repealed by Ord. 4095. [Ord. 3489 § 2, 2004].
9
Packet Pg. 11
2.2
City Council Agenda Item
Meeting Date: 02/8/2022
Position Description Revisions - Day Camp
Staff Lead: Angie Feser
Department: Parks, Recreation & Cultural Services
Preparer: Shannon Burley
Background/History
The Recreation Division ran non -school day camps for over 20 years prior to making the decision to
forgo that programming in 2016. In 2020, when the pandemic forced school children away from their
schools the Recreation Division developed the a distance learning program for children whose parents
were working and it was determined that there is a need in the community for non -school day, safe and
fun activities for kids.
The Recreation Division intends to bring back a non -school day camp as was submitted and approved in
the 2022 budget.
Staff Recommendation
Approve the position description changes and forward to the Consent agenda for February 15, 2022.
Narrative
Staff has updated the previously approved position descriptions from the distance learning program
with minor revisions to bring them into alignment with the anticipated position responsibilities
associated with running the day camp.
This is not a request for additional funding. This is a request to approve the revisions suggested on the
two attached redline documents. Documents titled FINAL reflect the position descriptions with all
changes accepted. Proposed revisions have been reviewed and approved by the Human Resources staff.
Attachments:
Day Camp Assistant Redline
Day Camp Assistant FINAL
Recreation Leader - Day Camp Redline
Recreation Leader - Day Camp FINAL
Packet Pg. 12
2.2.a
City of
EDMONDS
Washington
Recreation Leader ;efatDay Camp Assistant
H07
Department: Parks, Recreation & Cultural Services Pay Grade:
Bargaining Unit: Hourly FLSA Status: Non -Exempt
Reer-eafien
supefvisef
Recreation Leader
Revised Date: 9�1 °�201/26/2022 Reports To: Day Camp
POSITION PURPOSE: Under supervision, this position is responsible for assisting in providing the planning,
organization, and implementation of effective, healthy, and safe school -aged youth recreation and instruction
programs to include, but not limited to, suppefting dist ree'o.,. ing ,,etiv:ties as preser-ibed by edueatio„a
in a classroom -like environment, and other day camp recreation activities. Candidate should have
strong organizational, leadership and communication skills with a commitment to providing quality recreation
and instruction activities to each and every youth participant.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position -specific duties.
• Assist with and lead youth recreation programs
• Support classroom -like operations and r.,Ftieipant aeademie o ,.hme
• Provide leadership and effective problem -solving skills
• Communicate with participants and guardians in a manner that favorably represents the City of
Edmonds.
• Monitor and maintain cleanliness of facility to include following COVID safety procedures such as
frequent wiping of high touch surfaces
• Assist with monitoring and implementing current COVID health and safety guidelines such as health
screening, temperature taking and enforcing mask requirements
• Monitor the safety of children
• Handle minor emergent situations that may arise as per city policy
• Assist with site operations as outlined in program handbook
• Complete reports and file paperwork as needed
• Open and close facility as assigned
May be tasked with performing related duties as required. Related duties are duties that may not be specifically
listed in the position description, but are within the general occupational series and responsibility level typically
associated with the employee's classification of work.
Packet Pg. 13
2.2.a
2 of 3
JOB DESCRIPTION
Recreation Lead ---Gems aigg Camp Assistant
Required Knowledge of:
• Knowledge of and ability to administer CPR, AED, and First Aid
• Knowledge of and ability to positively influence and motivate youth
Required Skill in:
• Communicate effectively orally and in writing
• Consistently provide quality customer service
• Learn and apply new skills
• Solve problems effectively and efficiently
• Planning and preparation of age -appropriate activities for youth
• Remaining calm in an environment that is sometimes stressful, with distractions and interruptions
• Ability to shift priorities rapidly
• Ability to tise eamptitefs and seftware to assist in the use of the Edmonds Sehool Distr-iet dista
MINIMUM QUALIFICATIONS:
Education and Experience:
• Must be 18 years of age or older
• High school diploma
• Prior work experience with school -aged children is preferred
Preferred Qualifications:
• One year of experience leading or teaching school -aged youth programs such as day camp or day care
Required Licenses or Certifications:
• Current CPR and First Aid or ability to obtain by start date
• Must be able to successfully complete and pass a pre -employment background check
WORKING CONDITIONS:
Environment:
• Indoor and outdoor environment
• Classroom environment
• Constant interruptions
• Sometimes loud/noisy
• Work is generally performed Monday through Friday and the incumbent may be hired into either
morning or afternoon shifts or full day shifts as needed for the purposes of the program to which
they are assigned.
Physical Abilities:
• Required to wear a face covering (mask) at all times
• Sit or stand for extended periods of time
• Specific vision abilities include close vision, distance vision, color vision, peripheral vision, depth
perception, and the ability to adjust focus in order to maintain surveillance of participants and
employees
• Stoop, kneel, twist, bend, crouch or crawl
• Walk up and down stairs
• Use hands and fingers to handle or feel objects or equipment
• Lift, move and handle minimum of 50 pounds
Packet Pg. 14
2.2.a
3of3
JOB DESCRIPTION
Recreation Lead ---Gene aigg Camp Assistant
• Move over rough ground, including outdoor playground
Hazards:
• Potential contact with sick children
Incumbent Signature:
Department Head:
Date:
Date:
Packet Pg. 15
2.2.b
City of
EDMONDS
Washington
Day Camp Assistant
Department: Parks, Recreation & Cultural Services Pay Grade: H07
Bargaining Unit: Hourly FLSA Status: Non -Exempt
Recreation Leader
Revised Date: 1/26/2022 Reports To: — Day Camp
POSITION PURPOSE: Under supervision, this position is responsible for assisting in providing the planning,
organization, and implementation of effective, healthy, and safe school -aged youth recreation and instruction
programs to include, but not limited to in a classroom -like environment, and other day camp recreation
activities. Candidate should have strong organizational, leadership and communication skills with a commitment
to providing quality recreation and instruction activities to each and every youth participant.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position -specific duties.
• Assist with and lead youth recreation programs
• Support classroom -like operations
• Provide leadership and effective problem -solving skills
• Communicate with participants and guardians in a manner that favorably represents the City of
Edmonds.
• Monitor and maintain cleanliness of facility to include following COVID safety procedures such as
frequent wiping of high touch surfaces
• Assist with monitoring and implementing current COVID health and safety guidelines such as health
screening, temperature taking and enforcing mask requirements
• Monitor the safety of children
• Handle minor emergent situations that may arise as per city policy
• Assist with site operations as outlined in program handbook
• Complete reports and file paperwork as needed
• Open and close facility as assigned
May be tasked with performing related duties as required. Related duties are duties that may not be specifically
listed in the position description, but are within the general occupational series and responsibility level typically
associated with the employee's classification of work.
Required Knowledge of:
• Knowledge of and ability to administer CPR, AED, and First Aid
• Knowledge of and ability to positively influence and motivate youth
Packet Pg. 16
2.2.b
2 of 3
JOB DESCRIPTION
Day Camp Assistant
Required Skill in:
• Communicate effectively orally and in writing
• Consistently provide quality customer service
• Learn and apply new skills
• Solve problems effectively and efficiently
• Planning and preparation of age -appropriate activities for youth
• Remaining calm in an environment that is sometimes stressful, with distractions and interruptions
• Ability to shift priorities rapidly
MINIMUM QUALIFICATIONS:
Education and Experience:
• Must be 18 years of age or older
• High school diploma
• Prior work experience with school -aged children is preferred
Preferred Qualifications:
• One year of experience leading or teaching school -aged youth programs such as day camp or day care
Required Licenses or Certifications:
• Current CPR and First Aid or ability to obtain by start date
• Must be able to successfully complete and pass a pre -employment background check
WORKING CONDITIONS:
Environment:
• Indoor and outdoor environment
• Classroom environment
• Constant interruptions
• Sometimes loud/noisy
• Work is generally performed Monday through Friday and the incumbent may be hired into either
morning or afternoon shifts or full day shifts as needed for the purposes of the program to which
they are assigned.
Physical Abilities:
• Required to wear a face covering (mask) at all times
• Sit or stand for extended periods of time
• Specific vision abilities include close vision, distance vision, color vision, peripheral vision, depth
perception, and the ability to adjust focus in order to maintain surveillance of participants and
employees
• Stoop, kneel, twist, bend, crouch or crawl
• Walk up and down stairs
• Use hands and fingers to handle or feel objects or equipment
• Lift, move and handle minimum of 50 pounds
• Move over rough ground, including outdoor playground
Hazards:
• Potential contact with sick children
Packet Pg. 17
2.2.b
3of3
JOB DESCRIPTION
Day Camp Assistant
Incumbent Signature:
Department Head:
Date:
Date:
a
E
cc
U
cc
In
Q
Packet Pg. 18
2.2.c
City of
EDMONDS
Washington
Recreation Leader -14Day Camp
Parks, Recreation & Cultural NE-2
Department: Services Pay Grade: H4-2
Bargaining Unit: AFSCME Council 2 FLSA Status: Non -Exempt
Recreation
Revised Date: 21/26/22 Reports To: Coordinator
POSITION PURPOSE: Under general supervision, this position is responsible for providing the planning,
organization, and implementation of effective, healthy, and safe school -aged youth recreation and instruction
programs to include, but not limited to,
or-ganiza4ions, in a classroom -like environment, and other day camp recreation activities. Candidate should have
strong organizational, leadership and communication skills with a commitment to providing quality recreation
and instruction activities to each and every youth participant.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position -specific duties.
• Responsible for the daily work management of the Recreation Leader — General job classification.
• Facilitate classroom -like operations .:-hies, suppeft p^tieipa t aeademie epAiehmefit
• Provide leadership and effective problem -solving skills
• Lead youth recreation programs and provide academic enrichment support
• Monitor and maintain cleanliness of facility to include following COVID safety procedures such as
frequent wiping of high touch surfaces
• Monitor and implement current COVID health and safety guidelines such as health screening,
temperature taking and enforcing mask requirements
• Monitor the safety of children and supervised Recreation Assistant(s)
• Handle minor emergent situations that may arise as per city policy
• Complete reports and file paperwork as needed.
• Communicate with participants and guardians in a manner that favorably represents the City of
Edmonds.
May be tasked with performing related duties as required. Related duties are duties that may not be specifically
listed in the position description, but are within the general occupational series and responsibility level typically
associated with the employee's classification of work.
Required Knowledge of:
• Knowledge of and ability to administer CPR, AED, and First Aid
• Knowledge of and ability to use leadership and supervisory methods to motivate staff
• Knowledge of and ability to positively influence, engage, and motivate youth
Required Skill in:
• Communicate effectively orally and in writing
• Consistently provide quality customer service
Packet Pg. 19
2.2.c
2 of 3
JOB DESCRIPTION
Recreation Leader 14- Day Camp
• Learn and apply new skills
• Solve problems effectively and efficiently
• Planning and preparation of age -appropriate activities for youth
• Remaining calm in an environment that is sometimes stressful, with distractions and interruptions
• Ability to shift priorities rapidly
• Ability to use eemputer-s and seftwar-e to assist in the use of the Edmonds Sehool Distfiet distanee
!ear-ning platform with program participants
MINIMUM QUALIFICATIONS:
Education and Experience:
• Must be 21 years of age or older
• High school diploma
• One year of experience leading or teaching school -aged youth programs such as day camp or day care
• One year of college coursework in Recreation, Education, and/or related field.
• Any equivalent combination of education, training, experience, knowledge, and abilities which would
allow individual to perform the duties of the position will be considered
Preferred Qualifications:
• Completion of thirty or more college quarter credits or combination of one-third clock hours and two-
thirds college credits in early childhood education/child development, elementary education, social work,
or another child -related field.
Required Licenses or Certifications:
• Current CPR and First Aid or ability to obtain by start date
• Must be able to successfully complete and pass a pre -employment background check
WORKING CONDITIONS:
Environment:
• Indoor and outdoor environment
• Classroom environment
• Constant interruptions
• Sometimes loud/noisy
• This position will generally work a regular Monday through Friday 8 am -5 pm schedule, however
this schedule may change as necessary to meet the needs of the program and the incumbent must be
able to work alternative schedules as necessary.
Physical Abilities:
• Required to wear a face covering (mask) at all times
• Sit or stand for extended periods of time
• Specific vision abilities include close vision, distance vision, color vision, peripheral vision, depth
perception, and the ability to adjust focus in order to maintain surveillance of participants and
employees
• Stoop, kneel, twist, bend, crouch or crawl
• Walk up and down stairs
• Use hands and fingers to handle or feel objects or equipment
• Lift, move and handle minimum of 50 pounds
• Move over rough ground, including outdoor playground
Hazards:
• Potential contact with sick children
Last Revis Packet Pg. 20
2.2.c
3of3
JOB DESCRIPTION
Recreation Leader I4- Day Camp
Incumbent Signature:
Department Head:
Date:
Date:
Last Revis Packet Pg. 21
2.2.d
City of
EDMONDS
Washington
Recreation Leader - Day Camp
Parks, Recreation & Cultural
Department: Services Pay Grade: NE-2
Bargaining Unit: AFSCME Council 2 FLSA Status: Non -Exempt
Recreation
Revised Date: 1/26/22 Reports To: Coordinator
POSITION PURPOSE: Under general supervision, this position is responsible for providing the planning,
organization, and implementation of effective, healthy, and safe school -aged youth recreation and instruction
programs to include, but not limited to, , in a classroom -like environment, and other day camp recreation
activities. Candidate should have strong organizational, leadership and communication skills with a commitment
to providing quality recreation and instruction activities to each and every youth participant.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position -specific duties.
• Responsible for the daily work management of the Recreation Leader — General job classification.
• Facilitate classroom -like operations
• Provide leadership and effective problem -solving skills
• Lead youth recreation programs and provide academic enrichment support
• Monitor and maintain cleanliness of facility to include following COVID safety procedures such as
frequent wiping of high touch surfaces
• Monitor and implement current COVID health and safety guidelines such as health screening,
temperature taking and enforcing mask requirements
• Monitor the safety of children and supervised Recreation Assistant(s)
• Handle minor emergent situations that may arise as per city policy
• Complete reports and file paperwork as needed.
• Communicate with participants and guardians in a manner that favorably represents the City of
Edmonds.
May be tasked with performing related duties as required. Related duties are duties that may not be specifically
listed in the position description, but are within the general occupational series and responsibility level typically
associated with the employee's classification of work.
Required Knowledge of:
• Knowledge of and ability to administer CPR, AED, and First Aid
• Knowledge of and ability to use leadership and supervisory methods to motivate staff
• Knowledge of and ability to positively influence, engage, and motivate youth
Required Skill in:
• Communicate effectively orally and in writing
• Consistently provide quality customer service
Packet Pg. 22
2.2.d
2 of 3
JOB DESCRIPTION
Recreation Leader - Day Camp
• Learn and apply new skills
• Solve problems effectively and efficiently
• Planning and preparation of age -appropriate activities for youth
• Remaining calm in an environment that is sometimes stressful, with distractions and interruptions
• Ability to shift priorities rapidly
MINIMUM QUALIFICATIONS:
Education and Experience:
• Must be 21 years of age or older
• High school diploma
• One year of experience leading or teaching school -aged youth programs such as day camp or day care
• One year of college coursework in Recreation, Education, and/or related field.
• Any equivalent combination of education, training, experience, knowledge, and abilities which would
allow individual to perform the duties of the position will be considered
Preferred Qualifications:
• Completion of thirty or more college quarter credits or combination of one-third clock hours and two-
thirds college credits in early childhood education/child development, elementary education, social work,
or another child -related field.
Required Licenses or Certifications:
• Current CPR and First Aid or ability to obtain by start date
• Must be able to successfully complete and pass a pre -employment background check
WORKING CONDITIONS:
Environment:
• Indoor and outdoor environment
• Classroom environment
• Constant interruptions
• Sometimes loud/noisy
• This position will generally work a regular Monday through Friday 8 am -5 pm schedule, however
this schedule may change as necessary to meet the needs of the program and the incumbent must be
able to work alternative schedules as necessary.
Physical Abilities:
• Required to wear a face covering (mask) at all times
• Sit or stand for extended periods of time
• Specific vision abilities include close vision, distance vision, color vision, peripheral vision, depth
perception, and the ability to adjust focus in order to maintain surveillance of participants and
employees
• Stoop, kneel, twist, bend, crouch or crawl
• Walk up and down stairs
• Use hands and fingers to handle or feel objects or equipment
• Lift, move and handle minimum of 50 pounds
• Move over rough ground, including outdoor playground
Hazards:
• Potential contact with sick children
Last Revis Packet Pg. 23
2.2.d
3of3
JOB DESCRIPTION
Recreation Leader - Day Camp
Incumbent Signature:
Department Head:
Date:
Date:
Last Revis Packet Pg. 24
2.3
City Council Agenda Item
Meeting Date: 02/8/2022
Adoption of Extreme Risk Protection Order Statute into Edmonds Municipal Code
Staff Lead: Shane Hawley, Acting Assistant Chief
Department: Police Services
Preparer: Scott Passey
Background/History
In 2016, Washington State voters passed initiative 1491. That initiative created a new type of protection
order; the Extreme Risk Protection Order (ERPO). The purpose of those orders is to keep individuals
from possessing firearms or dangerous weapons that would otherwise not meet any legal standards that
would otherwise prohibit them. Examples include; those with documented mental health issues, suicidal
individuals or people who are known to be dangerous but have not committed any crime.
Over the last six years, the legislature has continued to expand the availability of these orders. Family
members and even law enforcement agencies can seek to have such orders issued by a court.
Because the ERPO statute is unique compared to other orders, it has slightly different penalties. In fact,
after two convictions under the statute, a third violation is automatically a felony. This was recently
discovered when a patrol officer arrested a subject in violation of an ERPO and we discovered that the
violation was not adopted by reference under the city municipal code. The violation had to be charged
into our municipal court under a generic city code that does not carry the same enhanced penalties.
The draft ordinance modifies EMC 5.34.040, which is a "catch all" for non -adopted order violations. It
leaves in place that language, because there are many different types of orders, but it adds a new
section as well. The new section specifically adopts the ERPO penalty section by reference.
Staff Recommendation
Accept and modify Edmonds Municipal Code section 5.34.040 to include adoption of the Extreme Risk
Protection Order penalty section by reference.
Narrative
N/A
Attachments:
DRAFT Ordinance Amending ECC 5.34.040 1.27.2022
Packet Pg. 25
2.3.a
M 9 0 Qr.lela D10111
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.34 ECC (PERSONS, CRIMES
RELATING TO) TO ADOPT BY REFERENCE RCW 7.94.120;
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the City has, under Edmonds City Code (ECC) Section 5.34.040 (Failure
to Abide by Court Order), made it a misdemeanor for any person subject to a court order, the violation
of which is not covered by a specific provision of Chapter 5.34 (Persons, Crimes Relating To), to
knowingly and willfully violate the terms of that order; and
WHEREAS, law enforcement officers or agencies are authorized under Chapter 7.94
RCW (Extreme Risk Protection Order Act) to petition for an extreme risk protection order; and
WHEREAS, the Edmonds Police Department has determined that it is not currently
authorized under the ECC to enforce certain penalties for violation of extreme risk protection orders that
are available under RCW 7.94.120 (Penalties); and
WHEREAS, after review and discussion, the City Council has determined it to be
appropriate to amend ECC 5.34.040 to adopt RCW 7.94.120 by reference;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECC 5.34.040 is amended to read as follows (new text shown in underline):
5.34.040 Failure to abide by court order.
A. State Statute(s) Adopted by Reference. The following statute(s) of the state of Washington as the
same exist or shall hereafter be amended are hereby adopted by reference:
RCW
7.94.120 Penalties
Packet Pg. 26
2.3.a
B. It shall be a misdemeanor for any person subject to a court order, the violation of which is not
covered by a specific provision of this chapter, to knowingly and willfully violate the terms of that
order.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional 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 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally 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 NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
:/
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 27
2.3.a
On the
Ordinance No.
provides as follows:
f Iuur lu 1F.11 (I] we] :11171\/_ Torwroa
of the City of Edmonds, Washington
day of 2022, the City Council of the City of Edmonds, passed
A summary of the content of said ordinance, consisting of the title,
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.34 ECC (PERSONS, CRIMES RELATING
TO) TO ADOPT BY REFERENCE RCW 7.94.120; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of
2022.
CITY CLERK, SCOTT PASSEY
Packet Pg. 28
2.4
City Council Agenda Item
Meeting Date: 02/8/2022
Covid Premium Payments & Vacation for Essential Workers
Staff Lead: Emily Wagener
Department: Human Resources
Preparer: Scott Passey
Background/History
WHEREAS, SARS-CoV-2 (COVID-19) disease is caused by a virus that spreads easily from person to
person and may result in serious illness or death, and is classified by the World Health Organization as a
worldwide pandemic; and
WHEREAS, COVID-19 has broadly spread throughout Washington State and remains a significant
health risk to the community, especially members of our most vulnerable populations; and
WHEREAS, on February 29, 2020, Washington Governor Jay Inslee issued proclamation 20-05,
proclaiming a state of emergency throughout the state of Washington in response to new cases of
COVID-19, and directing state agencies to use all resources necessary to prepare for and respond to the
outbreak; and
WHEREAS, on March 5, 2020, the Mayor of the City of Edmonds declared an emergency of the
city due to the COVID-19 crisis; and
WHEREAS, on March 23, 2020, Governor Inslee issued Proclamation 20-25, a "Stay Home - Stay
Healthy" order closing non -essential workplaces, requiring people to stay home except to participate in
essential activities or to provide essential business services, and banning all gatherings for social,
spiritual, and recreational purposes. This order was extended multiple times. Under the "Stay Home -
Stay Healthy" proclamation, certain City employees have been deemed "Essential Critical Infrastructure
Workers" performing work to protect the community and ensure continuity of functions critical to
public health and safety; and
WHEREAS, on January 28, 2021, the Centers for Disease Control and Prevention (CDC) reported
that multiple COVID-19 variants are circulating globally. Scientists are working to learn more about these
variants to better understand how easily they might be transmitted and the effectiveness of currently
authorized vaccines against them; and
WHEREAS, on March 8, 2021, the CDC stated that preliminary evidence suggests that the
currently authorized COVID-19 vaccines may provide some protection against a variety of strains. The
CDC further stated, however, that the risks of COVID-19 infection in fully vaccinated people cannot be
completely eliminated as long as there is continued community transmission of the virus. Recent reports
have shown that vaccinated people can still contract COVID-19 through "breakthrough infections," and
may be able to spread it to others; and
WHEREAS, the Washington State Department of Health's COVID-19 vaccine timeline made some
City employees eligible for vaccination starting on March 17, 2021 and all remaining City employees
Packet Pg. 29
2.4
eligible starting on April 15, 2021. While many City employees may now be vaccinated, the risks of
COVID-19 infection in fully vaccinated people cannot be completely eliminated as long as there is
continued community transmission; and
WHEREAS, since March 2020, the City has been responding to the pandemic by providing
essential government services, and many City employees have been required to be on the front lines to
ensure citizen access to these government services since the beginning of the pandemic despite facing
the danger of workplace exposure to COVID-19; and
WHEREAS, throughout the entirety of the COVID-19 emergency, citizens of Edmonds have been
relying upon the work of City employees who face the risk of exposure to COVID-19 to maintain
government services; and
WHEREAS, many City employees cannot choose to work from home and must come to work to
perform their jobs, which can involve substantial interaction with customers and co-workers that could
potentially spread the virus. They are wearing masks, socially distancing as much as is possible,
performing safety protocols, and learning new skills to decrease transmission of the virus to protect
themselves and the public; and
WHEREAS, eligible City employees who must come to work to perform their jobs during the
COVID-19 emergency are entitled to premium pay and additional vacation days because they are
required to continue to perform duties involving additional risk of exposure to the COVID-19 virus. Many
City employees have been working under such conditions since the beginning of the pandemic; and
WHEREAS, providing a COVID-19 premium pay bonus and additional vacation days to eligible
City employees for frontline work performed for the citizens of Edmonds during the COVID-19
emergency will promote job retention, compensate for the risks of working on the frontlines of a global
pandemic, improve financial ability to access resources for protecting themselves and their families from
catching or spreading the virus or coping with illness caused by the virus, and support the access to
government services for the greater community; and
WHEREAS, on March 10, 2021, the United States Congress passed the American Rescue Plan Act
of 2021 ("ARPA"), providing direct relief to units of local government through the United States
Department of Treasury; and
WHEREAS, the Department of Treasury has issued guidance for the allowable uses of the direct
relief funds, and one permissible use of ARPA funds is to provide premium pay to eligible local
government workers facing increased risk due to COVID-19; and
WHEREAS, the City Council acknowledges the value of employees whose continued
employment during this COVID-19 pandemic resulted in continuous, excellent service to the community
and performance of the added responsibilities undertaken and the City Council therefore desires to
incentivize their retention as employees;and
WHEREAS, the City Council chooses to use funding under the American Rescue Plan Act to
provide premium pay to its essential employees for work they continue to perform due to the COVID-19
pandemic; and
WHEREAS, the City Council will provide premium pay to all eligible City employees, which do not
include Elected Officials and employees who do not meet American Rescue Plan Act eligibility; and
WHEREAS, the City Council chooses to provide additional vacation days to all eligible City
employees in recognition of the fact that such employees were or are unable to work remotely and had
to or will have to use their personal leave for COVID-19 related impacts;
Packet Pg. 30
2.4
Staff Recommendation
Recommend forwarding to full Council on consent for approval.
Narrative
The City has set aside $750,000 of American Rescue Plan Act (ARPA) funds for City expenses related to
Covid-19. At this time a total of $90,474 has been requested to be spent and of that $79,985 has been
approved. The cost to provide Covid Premium payments to essential workers as outline in the
ordinance is estimated to be approximately $180,000.
Please see the attached ordinance for information on how eligibility for the Covid Premium and
additional vacation days will be determined.
Attachments:
Ordinance Authorizing Employee Premium Payments and Vacation Days (clean) 1.5.2022
Packet Pg. 31
2.4.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING ALLOCATION OF
AMERICAN RESCUE PLAN ACT FUNDS FOR THE
PURPOSE OF PROVIDING COVID PREMIUM PAY TO
ELIGIBLE CITY EMPLOYEES AND AUTHORIZING
ADDITIONAL VACATION DAYS FOR SUCH
EMPLOYEES.
WHEREAS, SARS-CoV-2 (COVID-19) disease is caused by a virus that spreads easily a
from person to person and may result in serious illness or death, and is classified by the World
Health Organization as a worldwide pandemic; and v
WHEREAS, COVID-19 has broadly spread throughout Washington State and remains a N
N
significant health risk to the community, especially members of our most vulnerable populations; N
and
c
WHEREAS, on February 29, 2020, Washington Governor Jay Inslee issued a
proclamation 20-05, proclaiming a state of emergency throughout the state of Washington in N
response to new cases of COVID-19, and directing state agencies to use all resources necessary M
to prepare for and respond to the outbreak; and
0
:r
WHEREAS, on March 5, 2020, the Mayor of the City of Edmonds declared an 0
emergency of the city due to the COVID-19 crisis; and >
c
WHEREAS, on March 23, 2020, Governor Inslee issued Proclamation 20-25, a "Stay N
Home — Stay Healthy" order closing non -essential workplaces, requiring people to stay home
except to participate in essential activities or to provide essential business services, and banning E
all gatherings for social, spiritual, and recreational purposes. This order was extended multiple a
times. Under the "Stay Home — Stay Healthy" proclamation, certain City employees have been E
deemed "Essential Critical Infrastructure Workers" performing work to protect the community E
and ensure continuity of functions critical to public health and safety; and ` a
as
WHEREAS, on January 28, 2021, the Centers for Disease Control and Prevention o
(CDC) reported that multiple COVID-19 variants are circulating globally. Scientists are working n
E
to learn more about these variants to better understand how easily they might be transmitted and w
a
the effectiveness of currently authorized vaccines against them; and S
�N
L
WHEREAS, on March 8, 2021, the CDC stated that preliminary evidence suggests that 0
the currently authorized COVID-19 vaccines may provide some protection against a variety of Q
strains. The CDC further stated, however, that the risks of COVID-19 infection in fully
c
vaccinated people cannot be completely eliminated as long as there is continued community
transmission of the virus. Recent reports have shown that vaccinated people can still contract
COVID-19 through "breakthrough infections," and may be able to spread it to others; and
Packet Pg. 32
2.4.a
WHEREAS, the Washington State Department of Health's COVID-19 vaccine timeline
made some City employees eligible for vaccination starting on March 17, 2021 and all remaining
City employees eligible starting on April 15, 2021. While many City employees may now be
vaccinated, the risks of COVID-19 infection in fully vaccinated people cannot be completely
eliminated as long as there is continued community transmission; and
WHEREAS, since March 2020, the City has been responding to the pandemic by
providing essential government services, and many City employees have been required to be on
the front lines to ensure citizen access to these government services since the beginning of the
pandemic despite facing the danger of workplace exposure to COVID-19; and
WHEREAS, throughout the entirety of the COVID-19 emergency, citizens of Edmonds �0
have been relying upon the work of City employees who face the risk of exposure to COVID-19
to maintain government services; and
N
N
WHEREAS, many City employees cannot choose to work from home and must come to
work to perform their jobs, which can involve substantial interaction with customers and co- E
workers that could potentially spread the virus. They are wearing masks, socially distancing as
much as is possible, performing safety protocols, and learning new skills to decrease
transmission of the virus to protect themselves and the public; and
WHEREAS, eligible City employees who must come to work to perform their jobs
during the COVID-19 emergency are entitled to premium pay and additional vacation days
because they are required to continue to perform duties involving additional risk of exposure to
the COVID-19 virus. Many City employees have been working under such conditions since the
beginning of the pandemic; and
WHEREAS, providing a COVID-19 premium pay bonus and additional vacation days to
eligible City employees for frontline work performed for the citizens of Edmonds during the
COVID-19 emergency will promote job retention, compensate for the risks of working on the
frontlines of a global pandemic, improve financial ability to access resources for protecting
themselves and their families from catching or spreading the virus or coping with illness caused
by the virus, and support the access to government services for the greater community; and
WHEREAS, on March 10, 2021, the United States Congress passed the American
Rescue Plan Act of 2021 ("ARPA"), providing direct relief to units of local government through
the United States Department of Treasury; and
WHEREAS, the Department of Treasury has issued guidance for the allowable uses of
the direct relief funds, and one permissible use of ARPA funds is to provide premium pay to
eligible local government workers facing increased risk due to COVID-19; and
WHEREAS, the City Council acknowledges the value of employees whose continued
employment during this COVID-19 pandemic resulted in continuous, excellent service to the
community and performance of the added responsibilities undertaken and the City Council
therefore desires to incentivize their retention as employees; and
Packet Pg. 33
2.4.a
WHEREAS, the City Council chooses to use funding under the American Rescue Plan
Act to provide premium pay to its essential employees for work they continue to perform due to 0
the COVID-19 pandemic; and
WHEREAS, the City Council will provide premium pay to all eligible City employees,
which do not include Elected Officials and employees who do not meet American Rescue Plan >
Act eligibility; and a
E
WHEREAS, the City Council chooses to provide additional vacation days to all eligible •2
City employees in recognition of the fact that such employees were or are unable to work
remotely and had to or will have to use their personal leave for COVID-19 related impacts; a.
NOW THEREFORE; 0
N
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ORDAINS AS c
N
FOLLOWS: U�
Section 1. Findings. The City Council adopts the above recitals as findings in support of M
as
this Ordinance.
Section 2. Eligible Employees. An eligible employee is an employee that meets all the c
c
following criteria and is not excluded under Section 5: C
:W
M
A. Employed by the City of Edmonds in a regular full- or part-time position, budgeted
for at least twenty (20) hours per week; and c
M
B. Employed in the position and assigned regular duties within the job description for at
a�
least six (6) months between March 23, 2020 and December 31, 2021; and >
M
C. During the six (6) qualifying months, was required by a supervisor or manager to a
E
perform job duties on -site (as opposed to remote telework) for at least four (4) days E
P
L
per week or a total of one hundred four (104) days during that time period which a
as
placed the employee in a potential situation of exposure to COVID-19; and C
n
D. Was performing job duties in an on -site work location where the employee must E
interact in person with members of the public for a cumulative total of at least fifteen
(15) minutes in a twenty-four (24) hour period or with co-workers that in the same
day interacted with members of the public for a cumulative total of at least fifteen
(15) minutes in a twenty-four (24) hour period.
Section 3. Eligibility Determination. Eligibility shall be conclusively determined by the
Human Resources Director, in consultation with the employee's supervising Department Head or
Elected Official. Such determination shall be final and not be subject to any grievance or appeal
Packet Pg. 34
2.4.a
process. The determination shall be documented and include written justification of how the
premium pay responds to eligible employee needs in performing essential work.
Section 4. Premium Pay. Each eligible employee shall receive premium pay for hours
scheduled, up to a maximum total of One Thousand Two Hundred Fifty Dollars ($1,250.00), at
the rate of Five Dollars ($5.00) per hour for up to forty (40) hours scheduled per week for each
week between February 1, 2022 and April 30, 2022.
Section 5. Vacation Days. Each eligible employee shall receive two (2) additional
vacation days added to their vacation bank.
0
Section 6. Exclusions. The following employees are excluded from eligibility: Elected v
N
Officials, Department Directors and Deputy Department Directors. N
Section 7. Savings. With respect to the subject matter of this Ordinance, the City will
retain status quo working conditions of employees covered by existing collective bargaining a
agreements or a dynamic status quo until such time as the working conditions of such employees ,,
are changed in accordance with law. c
Section 8. Severability. If any section, subsection, clause, sentence, or phrase of this
Ordinance should be held invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance.
Section 9. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 10. Effective Date. This ordinance, being exempt under RCW 35A.11.090(4), as
an ordinance appropriating money, 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 NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
Packet Pg. 35
2.4.a
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
N
N
O
N
s.
Packet Pg. 36
2.4.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of
passed Ordinance No.
of the title, provides as follows:
2022, the City Council of the City of Edmonds,
A summary of the content of said ordinance, consisting
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING ALLOCATION OF
AMERICAN RESCUE PLAN ACT FUNDS FOR THE
PURPOSE OF PROVIDING COVID PREMIUM PAY TO
ELIGIBLE CITY EMPLOYEES AND AUTHORIZING
ADDITIONAL VACATION DAYS FOR SUCH
EMPLOYEES.
The full text of this Ordinance will be mailed upon request.
DATED this day of
2022.
CITY CLERK, SCOTT PASSEY
Packet Pg. 37
2.5
City Council Agenda Item
Meeting Date: 02/8/2022
Administrative Assistant - General Job Description
Staff Lead: Emily Wagener
Department: Human Resources
Preparer: Emily Wagener
Background/History
City Council approved a .50 FTE Admin position as part of the Neighborhood City Office in the 2022
budget. HR determined that a new job description was needed to for the position.
Staff Recommendation
Recommend forwarding to full Council on consent for approval.
Narrative
The attached Job Description for a General Administrative Assistant was developed by using similar
existing job descriptions with collaboration from HR and the Community Services/Economic
Development Department.
Attachments:
Administrative Assistant - General
Packet Pg. 38
2.5.a
City of
EDMONDS
Washington
Administrative Assistant — General
..0 1a,
Community Services/Economic
Department: Development Pay Grade: NE-9
Bargaining Unit: AFSCME Council 2 FLSA Status: Non -Exempt
Community Services/Economic
Revised Date: 1/20/2022 Reports To: Development Director
POSITION PURPOSE: Under general supervision, plans and performs complex administrative office coordination
to assure smooth, timely and efficient office operations for the department or assigned office; relieves supervisor
of technical clerical and administrative duties having department -wide impact; researches, collects, analyzes and
compiles data and information for inclusion in reports; maintains complex financial records, files and budgets
related to departmental operations, programs and expenditures.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position -specific duties.
• Performs various administrative duties including answering telephones and greeting visitors; provides
information in person or on the telephone or refers to appropriate department personnel; opens, screens
and routes mail.
• Develops, prepares, reconciles, and maintains computerized records, inventories, maintenance
management systems, lists, logs, and files related to office and field activities, customer service and other
data specific to the assignment.
• Composes, prepares, and types a variety of correspondence, memos, reports, and other materials
specific to the assignment; proofreads materials to assure accuracy and completeness.
• Plans and performs complex administrative office coordination; Organizes and coordinates office
functions, activities, and communications; assures efficient workflow and office operations.
• Develops and maintains a filing and record system as needed for assignment.
• Researches, summarizes, and prepares information as directed on a variety of department topics for
dissemination to the public through media and presentations, community meetings and City literature.
• Provides staff support and administrative assistance to boards and committees; prepares reports,
minutes, agendas, correspondence, and other materials as appropriate and according to decisions and
approved actions.
• Maintains up-to-date department information on the City's website.
• Composes, prepares, and types a variety of correspondence, memos, reports, and other materials and
proofreads materials to assure accuracy and completeness.
• Operates office machines including computers, printers, scanners, copiers, calculators, and other related
equipment as assigned.
• Performs a variety of special duties, projects or activities of assigned department or office as assigned.
Required Knowledge of:
• City organization, procedures, federal and state laws.
Administrative Assistant - General Last Reviewe
Last Revise Packet Pg. 39
2.5.a
2 of 3
JOB DESCRIPTION
Administrative Assistant - General
• Administrative functions and operations of a City government.
• Research methods, data collection and statistical analysis.
• Accurate, lawful, and efficient record -keeping techniques.
• Budget monitoring and control including proficient skills in mathematics.
• Interpersonal skills using tact, patience, and courtesy.
• Principles of customer service and public relations.
• Proper telephone etiquette.
• Effective oral and written communication principles and practices.
• Modern office procedures, methods, and equipment including computers and computer applications
sufficient to perform assigned work.
• Effective communication in English, spelling, grammar, and punctuation.
• Principles of business letter writing.
Required Skill in:
• Performing technical clerical and administrative duties having department -wide impact.
• Planning and performing technical administrative office coordination duties.
• Maintaining records, files, and information in compliance with laws, policies, and procedures.
• Interpreting, applying, and explaining rules, regulations, policies, procedures, and laws.
• Successfully meeting schedules and timelines.
• Preparing a variety of reports, logs, records, and files related to assigned activities.
• Maintaining confidentiality of sensitive information; working confidentially with discretion.
• Being flexible and able to work with diverse personalities.
• Researching a variety of subjects and presenting information in an efficient, accurate manner.
• Utilizing personal computer software programs and other relevant software affecting assigned work.
• Establishing and maintaining effective working relationships with staff, management, vendors, outside
agencies, community groups and the general public.
• Meeting schedules and timelines and ability to work independently.
• Communicating effectively verbally and in writing including public relations and customer service.
MINIMUM QUALIFICATIONS:
Education and Experience:
High School Diploma or equivalent supplemented by course work in business administration, office management,
office administration or related field and three years of increasingly responsible administrative office support
experience. An equivalent combination of education, training and experience that will allow the incumbent to
successfully perform the essential functions of the position may also be considered.
Required Licenses or Certifications:
• Valid State of Washington Driver's License. A driver's abstract is required and will be reviewed according
to the City's insurance requirements.
• A background check is required. Criminal history is not an automatic employment disqualifier. Results are
reviewed on a case -by case basis.
Administrative Assistant - General Last Reviewe
Last Revise Packet Pg. 40
2.5.a
3 of 3
JOB DESCRIPTION
Administrative Assistant - General
WORKING CONDITIONS:
Environment:
• Office environment.
• Constant interruptions.
Physical Abilities:
• Hearing, speaking or otherwise communicating to exchange information in person or on the phone.
• Reading and understanding a variety of materials.
• Operating/using a computer keyboard and other office equipment.
• Sitting, standing, or otherwise remaining in a stationary position for extended periods of time.
• Bending at the waist, kneeling, or crouching, reaching above shoulders, and horizontally or otherwise
positioning oneself to accomplish tasks.
• Lifting/carrying or otherwise moving or transporting up to 20 lbs.
Hazards:
• Contact with dissatisfied or abusive individuals.
Incumbent Signature:
Department Head:
Date:
Date:
Administrative Assistant - General
Last Reviewe
Last Revise Packet Pg. 41
2.6
City Council Agenda Item
Meeting Date: 02/8/2022
2021 Public Defender's Office Annual Report
Staff Lead: Emily Wagener, for Kathleen Kyle, SCPDA
Department: Human Resources
Preparer: Emily Wagener
Background/History
The City contracts for public defender services with Snohomish County Public Defender Association
(SCPDA). Each year, the public defender's office provides a presentation and an annual report to Council.
Staff Recommendation
For information only. No Oral Presentation. Presented to Finance as the primary committee.
Narrative
The 2021 report is attached.
Attachments:
Edmonds 2021 Annual Report
2021 Edmonds Year in Review
Packet Pg. 42
2.6.a
23;
VUBLIC DEFFh44PR
9
►sr
i°
A
cep
FOGNDED SESEPTE�gl3
Snohomish County Public Defender Association
2722 Colby Avenue, Suite 200 • Everett, WA 98201-3527
Phone: 425-339-6300 • Fax: 425-339-6363 • www.snocopda.org
This is the 2021 Annual Report of the Snohomish County Public Defender Association
(SCPDA) to the City of Edmonds.
Quality Representation
SCPDA's mission is to provide the highest quality of representation for people facing
loss of liberty pursuant to civil and criminal laws and who cannot afford to hire an attorney.
We serve an indigent population. In Edmonds, the services provided are solely criminal
defense services. Edmonds Municipal Court conducts the financial screening to determine
eligibility to be appointed a SCPDA public defender.
In 2021, the primary public defenders assigned to Edmonds Municipal Court were
Sonya Daisley-Harrison, Tamara Comeau, and Maya Titova. They were supervised by
attorney Christine Olson.
In 2022, the attorneys assigned to Edmonds Municipal Court are Tamara Comeau,
Catherine Bentley, and Ali Burton. They are supervised by attorney Kathryn Fraser.
SCPDA mission is guided by Indigent Defense Standards adopted by the Washington
State Bar Association (WSBA). Other resources that guide quality public defense include the
Performance Guidelines for Criminal Defense Performance, Washington statutes, case law,
N
O
N.
Packet Pg. 43
2.6.a
court rules, WSBA Rules of Professional Conduct, and American Bar Association
publications.'
SCPDA produces monthly reports for the City of Edmonds Public Defender Assessor,
Bob Boruchowitz. Mr. Boruchowitz conducts an independent assessment of SCPDA services
based on the monthly reports and conference calls, his own court observations, interviewing
Judge Rivera, as well as listening to audio recordings of court hearings.
SCPDA staff includes attorneys, administrative professionals, IT professionals,
investigators, and social workers.
Public Defender Assignments
In 2021, Edmonds Municipal Court appointed SCPDA as counsel in 483 pre-trial
cases and I I probation -only cases. There is a reduced number of new referrals as compared
N
to prior years. This reflects the shift in enforcement priorities due to COVID-19 and N
litigation and reform regarding Driving While License Suspended, Third Degree.
During the year, SCPDA attorneys initiated 174 defense investigation requests,
referred 9 cases for immigration consultation services, and submitted 45 social worker
requests.' These services help improve outcomes and demonstrate quality services. SCPDA
conducted two jury trials.
1 Hyperlinks for reference materials:
https://www.wsba.org/docs/defau It -sou rce/legal-com mu n ity/com m ittees/cou ncil-on-pu bl ic-defense/sta ndards-
for-indigent-def-services-boh-apprv-9-22-11. pdf?sfvrsn=dae43cf1 2
https://www.wsba. o rg/docs/d efa u It -sou rce/I ega I -co m m u n ity/com m ittees/co u nci I-on-public-defense/pe rf-
gu ideli nes-for-cri mi na I-def-rep-060311. pdf?sfvrsn=c2e43cf1 2
https://www.americanbar.org/content/dam/aba/administrative/legal aid indigent defendants/Is sclaid def ten
principlesbooklet.authcheckdam.pdf
2021 Annual Report — Page 2
Packet Pg. 44
2.6.a
Current Challenges
In prior years, the top three case types, compromising more than 50% of the referrals,
were driving while license suspended third degree, theft third degree, and possession of drug
paraphernalia. In 2021, the top three case types shifted to third degree theft, assault fourth
degree, and driving under the influence. This is a significant shift in the caseload
composition.
Comparing Top 3 Case Types in 2021
to 2020
Theft
Assault
D U I �����44
57
73
0 20 40 60 s0 100
2021 02020
111111051
120
11MIJI
Previously, the majority of the cases referred to SCPDA were the types of charges enforced
against predominately marginalized and vulnerable people. Addiction, physical and mental
disabilities, violence, and nonviolence occurs in all spaces no matter how rich or poor. And
yet, criminal prosecutions disproportionately impact people experiencing generational or
140
O
Q.
m
c
a
O
Y)
0
a
N
O
N
O
CL
c
c
a
N
O
N
N
c
O
W
r
C
d
E
cc
a
2021 Annual Report — Page 3
Packet Pg. 45
2.6.a
episodic poverty, people of color, and women. See Exhibit 1 for a list of the Top 6 case
types.
These principles are highlighted in the 2021 How Gender and Race Affect Justice
Now report produced the Washington Gender and Justice Commission. Link to the full report
provided in the footnote below.' The goals recommended by the report include improving
data collection, improve access to courts, address the impacts of the vast increase in
incarceration over the last generation, reduce reliance on revenue from court users to fund
the courts, and identify the best evidence -based curricula for judicial and legal education on
gender and race bias.'
Another current challenge is the lack of adequate housing and social services in our
community. For example, there are virtually very limited to no open appointments with
mental health providers. This creates a strain on people who are court ordered to engage in
these services and for people seeking supports. The increase in investigation and social
worker requests depict the increased needs of cases and clients this past year.
2021 Investigation and Social Worker Requests
so
49
24 Y2 23
3 1 I M IN
Q1 02 Q3 04
■ Investigation ■ Social Work
3 GJ Study Pilot DVMRT.pdf (wa.gov)
4 Link to the summary of the report: How Gender and Race Affect Justice Now (kitsapbar.org)
2021 Annual Report — Page 4
Packet Pg. 46
2.6.a
Lastly, with legislative and other reforms related to law enforcement vehicle cameras
and body cameras, public defenders are receiving larger volumes and types of discovery and
this trend is only going to increase moving forward. These reforms will increase transparency
and objectively document interactions between law enforcement and community members.
Generally, these are welcomed policy changes. It is very difficult to estimate the full impact
on workload. More video discovery will increase workloads to all public defender roles:
• Administrative professionals to receive and log each item of discovery
• IT who builds and maintains the servers and database systems
• Legal Assistants to assist organizing discovery
• Attorneys, investigators, and social workers who need to review the discovery.
As a learning organization, SCPDA is planning how to support our Defenders for
these challenges ahead. In 2021, SCPDA provided 22 continuing legal education classes, 24
Coffee Breaks, informal virtual meetings to hear from community members and agencies and N
0
N.
their great work, and the management team participated in 19 Anti -racism training r_
discussions. Our work in 2022 continues. We are working to incorporate the
recommendations of the 2021 How Gender and Race Affect Justice report recommendations
to public defenders which includes addressing the negative impacts of warrants when
indigent people do not appear in court for court hearings and recognizing trauma and
addressing it as part of our defense of the people we represent.
2021 Annual Report — Page 5
Packet Pg. 47
2.6.a
Exhibit 1: Top 6 Case Types in 2022
CASE TYPES
2021 Totals
%
Theft
124
26%
Assault 4
73
15%
DUI
44
9%
Criminal Trespass 2
26
5%
Violation of Court Order
26
5%
Criminal Trespass 1
24
5%
N
O
N
2021 Annual Report — Page 6
Packet Pg. 48
coj
VLJ
D jr C IV
C31
�!Is
vo
2.6.b
Packet Pg. 49
3
m
m
L
N
O
W
N
O
N
C
d
E
t
V
2
Q
2.6.b
AGENDA
E
O
a
m
�a
c
c
a
0
Y)
L
V
a.
r
N
O
N
3
m
m
c
•L
N
C
O
E
W
N
O
N
C
N
E
L
V
2
Q
Packet Pg. 50
2.6.b
"Of all the rights that an accused person has, the
right to be represented by counsel is by far the most
pervasive for it affects his ability to assert any other
rights he may have."
United States a Cronic, 466 U.S. 6481 654 (1984)
Packet Pg. 51
2.6.b
PUBLIC DEFENSE IS IMPORTANT
Required by law
Required by a just society
Work to ensure the most vulnerable are treated with
consideration
Mission to provide the highest quality of representation to
people facing loss of liberty
r
L
0
Q
d
R
a
ci
0
N
L
a)
0
N
O
N
0
W
r
N
O
N
r-i
C
d
t
V
R
r
a
Packet Pg. 52
2.6.b
2022 & 2023 BUDGET
PROPOSALS
r
L
O
Q
d
R
a
ci
0
N
L
V
CL
r
N
O
N
d
d
C
L
R
d
N
C
O
E
W
r
N
O
N
r-i
C
d
E
L
V
R
r
a
Packet Pg. 53
2.6.b
COST DRIVERS
Increased staffing & overhead costs
r
L
0
Q
d
R
Q
ci
0
N
L
a)
0
Difficult to forecast workload trends due to COVID Emergency
N
orders and impacts to enforcement priorities due
Opposing trends:
Increased number of pending cases
Decreased number of incoming referrals
Increased need for community support
Decreased availability of community services
L
0
W
r
N
N
r-i
C
Q
Packet Pg. 54
2.6.b
$31,76,4.56 per month
$33.5,45 per month
$36,290 per month
3
Q
Packet Pg. 55
2021 DEFENDERS
1 17
E
qm"
Packet Pg. 56
w
-------- mq ca
c
c
a
0
Y)
L
v
3
d
N
O
N
3
m
m
c
•L
O
E
W
r
N
O
N
Packet Pg. 57
a
2.6.b
E
O
a
m
�a
c
c
a
0
Y)
L
V
a.
N
kATA
REVIEW
3
m
m
c
•L
N
C
O
E
W
T-
N
O
N
C
d
E
t
V
2
Q
Packet Pg. 59
2.6.b
800
FM
500
400
300
200
M4
U
621
2017
Cases Assigned by Year
634
•••
2019
557
2020
2021
E
O
a
0
Y)
a.
0
N
O
N
3
m
m
c
•L
N
C
O
E
W
N
O
N
C
d
E
t
V
2
Q
Packet Pg. 60
2.6.b
200
180
160
140
Iris]
100
80
60
40
20
0
144
Q1
Comparing 2020 to 2021 Case Assignments
155
Q2
130
■ 2020 ■ 2021
173
Q3
103
155
M.
A
F
O
a
a�
0
Y)
L
0
a
N
0
N
3
m
a�
c
•L
N
C
O
E
W
N
O
N
r-
d
E
M
a
Packet Pg. 61
Theft
Assault
DUI
Comparing Top 3 Case Types in 2021 to 2020
73
65
57
114
124
0 20 40 60 80 100 120 140
2021 ■ 2020
Packet Pg. 62
2.6.b
90
80
70
60
50
40
30
20
10
0
2021 Investigation and Social Worker Requests
24
3 ■
Q1 Q2
■ Investigation
22
10
Q3
■ Social Work
23
0
c
c
a
0
Y)
L
c
v
d
T-
N
O
N
3
m
•L
N
0
E
W
N
O
N
C
N
E
a
Packet Pg. 63
2.6.b
REDUCED DWLS 3 PROSECUTIONS YEAR TO YEAR
COMPARISON
180
160
140
120
100
80
60
40
20
0
Ib5
2019
19
2021
E
0
a
m
�a
c
c
a
0
Y)
L
d
T-
N
0
N
3
m
d
C
•L
N
0
E
W
N
0
N
r-
0
E
m
a
Packet Pg. 64
2.6.b
2022 Open Assignments Graph
Open Caseload
Open Caseload
Open Caseload
0
by Attorney
20 40 60 80
124
151
159
100 120 140 160 180
r
L
O
Q
d
CE
a
0
Y)
0
N
O
d
L
N
C
O
E
W
r
N
O
N
r-i
C
d
L
V
R
r
a
Packet Pg. 65
2.6.b
OTHER WORI(LOAD MEASURES
Packet Pg. 66
22 CONTINUING LEGAL EDUCATION
CLASSES
24 S(PDA COFFEE BREAKS
19 ANTIRA(ISM TRAINING SESSIONS
2.6.b
E
O
a
m
�a
c
c
a
0
Y)
L
V
a.
r
N
O
N
3
m
m
c
•L
N
C
O
E
W
N
O
N
C
d
E
t
V
2
Q
Packet Pg. 68
2.6.b
1 Y 1
690
i*
r
Increase in Volume
r-A
l
i
L-
►Yt
nd Types of Discovery�i. 1
m
On approxl nia teIyr 0 t 12 hours, I ow dutte d a trafl-iu stop on a biu ck icrd cxpcditian
tearing Washington registration for a head light that was vut.
`O
a
m
w
Cu
C
a
0
C
0
3
d
N
O
N
d
d
C
i
R
d
N
C
O
E
W
N
O
N
C
E
a
Packet Pg. 69
4
2.6.b
IMPACT ON WORKLOAD
The law office assistants who receive and log T
each item.
The law office assistants who redact discovery for
clients to review.
IT who builds and maintains the servers and
database systems where documents are stored.
Legal Assistants who assist in organizing
r
discovery in preparation for trials and
sentencings.
Attorneys, investigators, and social workers
who have to review it.
Packet Pg. 70
3
m
m
c
•L
C
O
E
W
r
Simple drug possession N
laws are unconstitutional.
a
Packet Pg. 71
2.6.b
COORDINATE MULTIPLE SYSTEMS
Mitigate impact to vulnerable people & public
and private investments when systems intersect:
Courts
Service Organizations
Medical and Behavioral Health Services
Churches
YWCA
Job Support Organizations
Food Banks
Housing Programs
Other public programs
Packet Pg. 73
Snohomish County Human Services — Trueblood Housing Vouchers
Housing Consortium of Everett & Snohomish County
Snohomish County Juvenile Court Cultural Advisory Committee
Snohomish County Corrections Citizen Advisory Committee
Washington State Bar Association, Council on Public Defense
Washington State Sex Offender Policy Board, subcommittee members
Washington Defender Association
Washington Association of Criminal Defense Attorneys
COMMUNITY
Washington State Bar Association Character and Fitness Board
INVOLVEMENT Teach in programs at UW School of Law and Edmonds College
Public defenders volunteer at:
Cocoon House, board member
Snohomish County Legal Services, board member
Washington Innocence Project, board member
Puget Sound Prisoner Support
Washington State Sex Offender Treatment Provider Committee
American Academy of Trial Lawyers Fellow — Natalie Tarantino
Guest lecturers at University of Washington, Seattle University, and
Edmonds Community College
Jackson High School Mock Trial Coaches
Packet Pg. 74
Coj
p BLI
C31
�!Is
vo
2.6.b
Packet Pg. 75
3
m
m
L
N
O
W
N
O
N
C
d
E
t
V
2
Q
2.7
City Council Agenda Item
Meeting Date: 02/8/2022
Public Defense Contract Renewal
Staff Lead: Emily Wagener for Sharon Cates
Department: Human Resources
Preparer: Emily Wagener
Background/History
The City has contracted for public defense services with the Snohomish County Public Defender
Association (SCPDA) since 2016. The public defense contract that expired on 12/31/2021 was extended
through 3/31/2022 in November 2021 to allow time to negotiate a successor agreement.
Staff Recommendation
For information only. No Oral Presentation. Presented to Finance as the primary committee.
Narrative
Please see the attached proposed contract, previous contract and amendment.
Attachments:
SPCDA Fully Executed Contract 7.2020
Amendment No. 1 to SCPDA PSA_SIGNED
DRAFT 2022-2023 SCPDA Agreement for Indigent Defense Services 1.25.2022
Packet Pg. 76
2.7.a
CITY OF EDMONDS CONTRACT NO.
AGREEMENT FOR INDIGENT DEFENSE SERVICES
This Agreement is entered into between the City of Edmonds, a Washington municipal
corporation, ("City") and the Snohomish County Public Defender Association ("Contractor").
1. DEFINITIONS
A. Attorney. Attorneys shall mean attorneys working for the Snohomish County Public Defender
Association, and where appropriate, shall include Rule 9 interns.
B. Case. A Case shall mean the filing of a document with the court naming a person as
defendant or respondent, to which an Attorney is appointed in order to provide representation. In
courts of limited jurisdiction multiple citations from the same incident can be counted as one
case.
C. Contractor. Contractor shall mean the Snohomish County Public Defender Association, and
shall mean each attorney working for the Contractor.
D. Defendant. Defendant shall mean a person charged with a misdemeanor or gross
misdemeanor offense that is filed by the City into the Edmonds Municipal Court, and for whom
the Contractor must provide services pursuant to Section III of this Agreement.
1I. DURATION OF AGREEMENT
This Agreement shall terminate on December 31, 2021, unless extended or terminated earlier in a
manner permitted by this Agreement.
III. SCOPE OF WORK AND DUTIES OF CONTRACTOR
A. Criminal Defense Representation - To Whom Provided. Except in cases in which a conflict
of interest exists, Contractor shall provide criminal defense representation to the following:
1. All Defendants for which the Contractor has been appointed by the Edmonds Municipal
Court or City as attorney of record pursuant to the Court's or City's determination of
indigence of the defendant.
2. All suspects who are permitted access to a public defender while detained pursuant to an
investigation for any gross or simple misdemeanor being investigated by the City of
Edmonds Police Department, including, but not limited to: the offenses of driving under the
influence (RCW 46.61.502), driving under twenty-one consuming alcohol (RCW 46.61.503)
or physical control of a vehicle under the influence (RCW 46.61.504) for the purposes of
consulting with the Contractor prior to deciding whether to provide a sample of breath or
blood.
3. All persons who are not represented by private counsel and who appear for arraignment in
the Edmonds Municipal Court shall be entitled to an explanation of the rights, information
regarding maximum and minimum penalties if convicted and information regarding the
process and handling of the matter by the Edmonds Municipal Court.
Packet Pg. 77
2.7.a
4. All Defendants who, while in the custody of the Snohomish County Jail or City of Lynnwood
Jail who are not represented by private or conflict counsel, who appear in court on charges
filed by the City of Edmonds, shall be entitled to the same level of contact as described above
in subsection 3.
B. Provisional and Temporary Appointments. Contractor shall be available to provide limited
representation on behalf of otherwise unrepresented Defendants at arraignments and during in -
custody hearings despite said Defendant not being appointed pursuant to a determination of
indigence.
If Contractor is appointed to a case pursuant to determination of indigence at an arraignment or
in -custody hearing, Contractor should not recommend a Defendant plead guilty without first
having reviewed discovery from the prosecuting attorney and adequately discussed the case in
private with the Defendant and any witnesses the Contractor deems necessary to make such
recommendation.
C. Representation provided to Defendants Investigated for Gross Misdemeanor or Mi demeanor Crimes.
Current contractor shall be available 24 hours per day, seven days per week, by telephone for the
purposes of providing representation to otherwise unrepresented suspects or Defendants who are
in custody and under investigation for any gross or simple misdemeanor being investigated by
the City of Edmonds Police Department, including, but not limited to: driving under the
influence (RCW 46.61.502), driving under twenty-one consuming alcohol (RCW 46.61.503),
physical control of a vehicle under the influence (RCW 46.61.504) or any other misdemeanor or
gross misdemeanor. Contractor shall provide the Edmonds Police Department with telephone
numbers of its attorneys that provide direct access to the attorneys, and shall keep such telephone
numbers up to date. Contractor may designate times in which specific attorneys may be reached,
and shall provide the numbers of alternate attorneys if the designated attorney cannot be reached.
D. Duration of Representation of Defendant. In cases in which the Contractor is appointed as
attorney of record, and unless Contractor is permitted by the court to withdraw at an earlier time,
Contractor shall represent the defendant at all stages of the criminal process, from the time of
appointment as attorney of record through the appeals process (provided that funding for appeals
beyond superior court shall be pursuant to the terms of Title 15 of the Rules of Appellate
Procedure), as well as during any period in which the court retains jurisdiction over the terms
and conditions of any sentence or deferral.
E. Anticipated Attorney Caseload. The parties anticipate that 650 cases will be assigned to
Contractor annually and that one and three quarter attorney positions be assigned to these cases.
F. Fundraising. Contractor will assist the City in raising funds to assist with the costs of its
public defense services. Such assistance will include, but may not be limited to, applying for
State grant funds. The City will make all reasonable efforts necessary to assist Contractor in this regard.
IV. APPEARANCE AT HEARINGS
Contractor shall appear at all hearings scheduled by the Edmonds Municipal Court in which it
represents Defendants, as well as all arraignment calendars and all in -custody calendars.
Contractor shall provide a sufficient number of attorneys at the various court calendars to ensure
that Defendants have a sufficient amount of time to consult with the Contractor's attorneys prior
to each defendant's case being heard, and to ensure that the court calendars are not delayed due
to insufficient staffing of Contractor's attorneys at the calendars.
7
Packet Pg. 78
2.7.a
V. REPRESENTATION OF DEFENDANTS WHILE ON THE RECORD
Contractor shall be with and actively representing an appointed Defendant at all times while the
appointed Defendant's case is considered on the court record, and shall adequately inform the
Defendant of the developments in his or her case such that the Defendant proceeds during any
court hearing in a knowing, intelligent, and voluntary manner.
VI. DEFENDANT ACCESS TO CONTRACTOR
A. Contact Prior to Court Hearings. Contractor shall be available to appointed Defendants to
ensure that appointed Defendants are provided with effective assistance of counsel. Defendant
access to the Contractor prior to court hearings is paramount. Contractor shall endeavor to confer
with appointed Defendants about cases prior to court hearings.
B. Toll Free Calls. Appointed Defendants shall be provided access to the Contractor by means of
a toll -free local call made available by the Contractor.
C. Time to Respond. Contractor shall respond to defendant inquiries within a reasonable time to
ensure the effective assistance of counsel, whether such inquiries are received by letter,
telephone, email, or otherwise.
D. Local Office Required. At all times during the term of this Agreement, Contractor shall
maintain an office at its current location or within 5 miles of either the Edmonds Municipal
Court or the City of Edmonds. The office of the Contractor shall accommodate confidential
meetings with Defendants, shall be equipped with telephone, facsimile, and internet services,
shall receive adequate cellular telephone service, and shall be the location at which mail and
service of process is received.
E. Availability for and Contact with In -Custody Defendants. Contractor shall evaluate the cases
of all appointed Defendants in the custody of the Snohomish County Jail or City of Lynnwood
Jail prior to the time of the Defendant's trial, and shall meet with such in -custody Defendants as
the Contractor deems appropriate for providing effective assistance of counsel. At a minimum,
Contractor shall meet with all appointed misdemeanant Defendants who are in -custody within
two (2) business days of the Contractor being notified of its appointment as that defendant's
legal representative. In addition, Contractor shall schedule no less than two periods of time each
week in which to meet with appointed Defendants who are in the custody of the Snohomish
County Jail or City of Lynnwood Jail. These two periods of time shall be for the purposes of
responding to inmate requests, responding to letters and telephone calls, and preparing for the
defense of the jailed Defendants. These two periods shall be separate in time, not necessarily in
days, from court hearings held at the Snohomish County Jail or City of Lynnwood Jail.
VII. QUALITY OF REPRESENTATION
Contractor shall provide services in a professional and skilled manner consistent with
Washington's Rules of Professional Conduct, applicable case law, the Constitutions of the
United States and Washington, and the court rules that define the duties of counsel and the rights
of defendants. Contractor shall be familiar with and comply with the New Standards for Indigent
Defense as adopted by the Washington State Supreme Court on June 15, 2012, and as thereafter
amended (hereafter "the Indigent Defense Standards"). At all times during the representation of
a defendant, the Contractor's primary responsibility shall be to protect the interests of the
defendant.
Packet Pg. 79
2.7.a
VIII. QUALIFICATIONS OF CONTRACTOR ATTORNEYS - TRAINING
A. Qualifications. All attorneys employed by Contractor for the purposes of providing the
services called for in this contract shall, at a minimum, satisfy the minimum qualifications to
practice law as established by the Washington Supreme Court; be familiar with and follow the
statutes, court rules, case law and constitutional law applicable to misdemeanor criminal defense
work in the state of Washington; be familiar with and abide by Washington's Rules of
Professional Conduct; be familiar with and abide by the Indigent Defense Standards; be familiar
with the consequences to each particular defendant of any conviction or adjudication including
but not limited to jail time, financial penalties, restitution, mental health or drug and alcohol
treatment obligations, license suspensions, and immigration or civil commitment implications; be
familiar with mental health and substance abuse issues applicable to each defendant; be able to
recognize the need for expert services including but not limited to investigators; and be able to
satisfy the terms and conditions of this Agreement.
B. Trailli'n . For each attorney of the Contractor providing services under this Agreement, a
minimum of seven (7) hours of reportable continuing legal education credits per year shall be in
the areas of criminal defense law, criminal process, trial advocacy, legal writing, appellate work,
law practice management, or any other subject that, in the opinion of the Contractor, is
applicable to providing criminal defense services. If Contractor employs more than seven (7)
attorneys, Contractor shall conduct in house training pursuant to the Indigent Defense Standards.
IX. USE OF RULE 9 INTERNS
A. Workload of Rule 9 Interns. Contractor may employ interns qualified under Admission to
Practice Rule 9 who perform work pursuant to this Agreement. Rule 9 interns shall remain
under the supervision of the Contractor, and an attorney for Contractor shall remain responsible
for the cases for which the Rule 9 provides services. Any applicable case load limits for full time
Rule 9 Interns who have not graduated from law school shall be one quarter (1 /4) of the case
load limit of an Attorney working the same number of hours.
B. Qualifications of Rule 9 Intems. Rule 9 interns shall be required to abide by Sections VII and
VIII except that Rule 9 interns shall not be required to complete the training requirements of
Section VIII, and in place of the requirement to satisfy the minimum qualifications to practice
law as established by the Washington Supreme Court, the Rule 9 intern must comply with the
provisions of APR 9. Rule 9 interns shall be closely monitored by the more senior attorneys of
the Contractor.
X. DISCOVERY TO BE PROVIDED
The City's Prosecuting Attorney's Office shall provide Contractor one (1) copy of all
discoverable material concerning each assigned case pursuant to the rules of discovery and
without charge as soon as possible after appointment. For those individuals who are held in
custody, discovery shall be provided within one (1) business day.
XI. NUMBER OF ATTORNEYS EMPLOYED
Contractor shall employ a sufficient number of Attorneys to comply with caseload limits.
4
Packet Pg. 80
2.7.a
XII. CASELOAD LIMITS PER FULLTIME EQUIVALENT POSITION
A. Caseload Limits in General. Contractor shall maintain a caseload such that it can provide each
and every Defendant effective assistance of counsel as required by this Agreement. Subject to
the remaining subsections of this section, a fulltime equivalent attorney position should be
appointed to no more than 400 unweighted cases per year.
B. Case Defined. For the purposes of this section, the term "case" shall mean a group of
criminal charges related to a single incident filed against a Defendant to which an Attorney is
appointed pursuant to a finding of indigence.
C. Caseload Limit Reduction. Each Attorney's caseload limit shall be reduced by the
approximate percentage of time the Attorney spends representing private clients or defendants
that have not been formally appointed pursuant to a finding of indigence.
D. Alternative Caseload limits and Case Wei htin . In the event the City or Contractor
determine that it is necessary or advisable to use a caseload limit that differs from the case load
limits specified in this section, either party may propose to the other an alternative standard for
caseload limits so long as such standard is fully consistent with the Indigent Defense Standards.
If the parties agree the proposed alternative standard is fully consistent with the Indigent Defense
Standards and such alternative standards do not create an undue administrative burden on either
party, the alternative standard shall be formally approved by the Contractor and the City's Mayor
and incorporated within this Agreement.
E. Post -Sentence Representation. All post -sentencing hearings will be counted as part of
Contractor's continuing representation of Defendants as set forth in Section III, above. All new
clients appointed to Contractor at post sentencing -review hearings will be counted as one case.
F. RALJ and Writ „Representation. Each RALJ appeal shall count as six (b) cases. Each writ
shall count as three (3) cases.
XIII. COMPLIANCE WITH INDIGENT DEFENSE STANDARDS
A. Caseload Monitoring. Contractor shall continually monitor the caseload and performance of
Contractor as a whole and each attorney providing services pursuant to this Agreement.
Contractor shall provide projections at least three months in advance regarding the caseload
limits based upon the number of attorneys employed by Contractor and trends in case filings.
B. Caseload Level Shifting. In the event an attorney is handling a caseload such that the attorney
is unable to provide effective assistance of counsel to each and every defendant or is otherwise
on track to exceed his/her caseload limit, Contractor shall reduce the caseload of that attorney,
and shift the reduced portion of the caseload to another Attorney employed by the Contractor.
C. Certification of Compliance. Each Attorney shall be in compliance with and shall certify
compliance with the Indigent Defense Standards to the Snohomish County South District Court
and the Edmonds Municipal Court on a quarterly basis or more frequently as required by the
Indigent Defense Standards and in the form required by the Indigent Defense Standards.
Packet Pg. 81
2.7.a
XIV. EXPERTS AND INVESTIGATORS
Contractor may retain experts and investigators of the Contractor's choosing as deemed
necessary to the effective defense of the defendant, and may apply to the court for such services
pursuant to applicable court rules. The fees for expert witnesses shall be included in the costs
that the City pays Contractor except as ordered by the Court pursuant to CrRLJ 3.1(f j.
The Contractor shall retain an investigator of its choosing as deemed necessary for the effective
defense of the defendant, this cost shall be part of the flat fee set forth in this agreement.
XV. COSTS OF TRANSCRIPTION
The City agrees to reimburse the Contractor for all reasonable costs associated with obtaining
and transcribing trial court records for appeal purposes if such costs have not been waived.
XVI. CONFLICTS OF INTEREST
Contractor shall maintain a database of client information sufficient for the Contractor to
determine the existence of any conflicts of interest. In the event representation of a defendant
would constitute a conflict of interest, Contractor shall take such action as is appropriate
pursuant to the Rules of Professional Conduct. In the event the Contractor is disqualified or
excused as counsel of record due to a conflict of interest, Contractor shall not be required to pay
any compensation to another attorney assigned to represent the defendant.
XVII. INTERNAL PERFORMANCE MONITORING AND ATTORNEY SUPERVISION
Contractor shall establish a program for managing the performance of attorneys who provide the
services called for in this Agreement. The performance monitoring program shall have the
purpose of ensuring that each defendant receives effective assistance of counsel, and the terms
and conditions of this Agreement are met. Contractor shall provide the City with a blank copy of
the performance evaluation form used and report to the City on an annual basis whether it has
conducted annual evaluations of attorneys who provide services under this Agreement.
XVIII. REMOVAL OF ATTORNEY
A. Removal by Contractor. In the event Contractor determines, through its internal performance
monitoring and attorney supervision program that an Attorney or Rule 9 intern working for
Contractor fails to comply with the terms of this Agreement, then Contractor shall immediately
take action to prevent that Attorney or Rule 9 intern from providing the services called for in this
Agreement.
B. Recommendation of Removal bv_Cit . In the event the City determines that an attorney
working for the Contractor has breached this Agreement, the City may, at its sole discretion and
as an alternative to termination of this Agreement, require Contractor to take action to prevent
that attorney from providing the services called for in this Agreement or otherwise cure the
breach.
f
Packet Pg. 82
2.7.a
XIX. CITY CONTRACT ADMINISTRATOR — CONTRACT OVERSIGHT
The City intends to engage the services of a Public Defense Assessor to manage and monitor this
Agreement. All reports or certifications required by this Agreement shall be delivered to the
Public Defense Assessor at the address set forth in Section XXXIII below. To assist the Public
Defense Assessor in managing and monitoring this Agreement, Contractor shall, in addition to
providing the reports set forth in Section XX below, report to the Public Defense Assessor any
disciplinary action by the Washington State Bar Association against an attorney providing
services under this Agreement, and any finding by a court that any such attorney has provided
ineffective assistance of counsel.
XX. REPORTS OF CONTRACTOR
Contractor shall maintain a case reporting and case management information system, and shall
submit reports to the City's Public Defense Assessor as follows:
A. Reports shall be submitted on a no less than a quarterly basis and shall be a condition of
payment pursuant to Section XXVII.
B. Reports shall contain the following information:
1. The names of defendants to which Contractor was appointed during the reporting period, the
charges, and the associated case numbers;
2. The date of appointment;
3. The case weight assigned to the case if a case weighting system has been approved and
implemented;
4. The number of appellate level cases pending;
5. Copies of the most recent Indigent Defense Standards Certifications filed with the Court by
each Attorney providing services under this Agreement;
6. Information on Contractor's caseload distribution;
7. Information on Contractor's case supervision;
8. The number of pending trials and the type(s) of charges to be addressed in each;
9. The number of substantive motions undertaken;
10. The number of hours spent by each attorney on each of their cases;
11. Information on the use of investigators;
12. Information on the use of expert witnesses;
13. Information on consultations with the Washington Defender Association immigration staff or
with a similar immigration expert; and
14. Information on the disposition of concluded cases.
C. Contractor shall not be required to compromise any attorney -client privilege (RCW 5.60.060)
or Client Confidentiality (R.PC 1.6) when providing these reports. However, because it is
necessary for the effective management and monitoring of this Agreement, it is understood that
the Public Defense Assessor is intended to be part of the confidential relationship with the
Contractor and the clients it represents. The Public Defense Assessor's communications with the
City in relation to the monitoring and reporting obligations of this Agreement shall comply with
the requirements of the Rules of Professional Conduct, including RPC 1.6.
7
Packet Pg. 83
2.7.a
XXI. COMPLAINTS AND CORRECTIVE ACTION
A. Com laints Directed to Public Defense Assessor. Any unresolved complaints regarding
Contractor or an attorney or Rule 9 intern providing services pursuant to this Agreement,
whether received by the City, the Contractor, or the Court, shall be directed to the Public
Defense Assessor.
B. Investigaliora. In the event a complaint is received by or directed to the Public Defense
Assessor and is not timely resolved by the Contractor to the satisfaction of the complainant, the
Public Defense Assessor will investigate the complaint by reviewing the complaint, discussing
the matter with the complaining party, discussing the matter with the Contractor, and
determining whether a violation of this Agreement has occurred. The Public Defense Assessor
may consult with legal counsel or another expert as deemed necessary in order to resolve the
complaint. In addition, the Public Defense Assessor may consult with the Washington State Bar
Association when appropriate.
C. Corrective Action flan or Termination. In the event the Public Defense Assessor determines
that a violation has occurred, he or she may develop a corrective action plan or terminate this
Agreement in the event it is determined that termination is appropriate. Contractor shall
cooperate in any investigation of a complaint, and any corrective action plan developed by the
Public Defense Assessor.
XXII. TERMINATION
A. For Cause. The City or the Contractor may terminate this Agreement immediately in the event
the other party breaches the Agreement and such breach is not corrected to the reasonable
satisfaction of the injured party in a timely manner after notice of breach has been provided to
the other party. Each and every term of this Agreement is material. The failure of any party to
comply with any term of this Agreement shall constitute a breach of this Agreement.
B. For Reasons Beyond Control of Parties. Either party may terminate this Agreement without
recourse by the other where performance is rendered impossible or impracticable for reasons
beyond such party's reasonable control such as, but not limited to, acts of nature; war or warlike
operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage;
or superior governmental regulation or control.
C. Without Cause. Either party may terminate this Agreement at any time without cause upon giving
the non -terminating party not less than one hundred twenty (120) days prior written notice.
XXIII. CONTINUATION OF REPRESENTATION AFTER TERMINATION
In the event of termination of this Agreement, Contractor shall continue representation of
Defendants to whom Contractor was assigned prior to the termination until such time as another
defense attorney has been appointed to represent such Defendants. Upon reassignment of such
Defendants to another defense attorney, Contractor shall promptly deliver all related client files
to such defense attorney. Except in cases in which the Contractor is unable to provide services in
conformance with this Agreement, Contractor shall not submit to the court a motion to withdraw
from representing defendants to which the Contractor was assigned until such time as new
counsel has submitted a motion to substitute counsel. For each case in which Contractor makes
one or more in -court appearances with a Defendant, not including appearances that consist solely
of successful continuance motions, the City shall pay Contractor a one time payment of one
hundred and fifty dollars for all post termination services provided in the case.
8
Packet Pg. 84
2.7.a
XXIV. NON-DISCRIMINATION
Contractor shall not discriminate on the basis of sex, race, nationality, sexual orientation, color,
creed, disability, age, religion or any other state or federal protected category in the hiring of
employees or the provision of services pursuant to a contract with the City.
XXV. PROOF OF LIABILITY INSURANCE
Contractor shall procure and maintain for the duration of the Agreement, insurance of the types
and in the amounts described in Exhibit A attached and incorporated by this reference.
XXVI. INDEMNIFICATION
Contractor shall indemnify, defend, and hold the City, its elected officials, officers, and
employees harmless from any and all claims whatsoever related to or arising from the
performance of the Contractor's obligations pursuant to this Agreement, including but not
limited to claims arising out of the errors and omissions of the Contractor relating to the
representation or lack of representation of clients, and/or by reason of accident, injury, or death
caused to any persons or property of any kind occurring during the performance or lack thereof
of the work required by this Agreement, or traveling to or from any place to perform the work
required by this Agreement, except to the extent they are caused by the sole negligence of the
City. The failure of Contractor to carry insurance in a quantity sufficient to defend a claim or
lawsuit, or cover any judgment that results, shall not operate to limit Contractor's
indemnification or defense of the City. This indemnification section shall survive the expiration
or termination of this Agreement.
XXVII. COMPENSATION
A. Payment for Services.
a. July — December 2020. The City shall provide to Contractor for services rendered
under this Agreement the sum of TWENTY-NINE THOUSAND FIVE HUNDRED
FORTY-EIGHT DOLLARS AND FORTY-TWO CENTS ($29,548.42) per month
from July 1, 2020 through December 31, 2020. Of this sum, SIXTEEN THOUSAND
SIX HUNDRED SIXTY-SIX DOLLARS AND SIXTY-SEVEN CENTS
($16,666.67) is paid for attorney compensation, THREE THOUSAND, TWO
HUNDRED FIFTY DOLLARS AND NO CENTS ($3,250.00) is paid for the
provision of investigator services, and NINE THOUSAND SIX HUNDRED
THIRTY-ONE DOLLARS AND SEVENTY-FIVE CENTS ($9,631.75) is paid for
administrative expenses.
b. 2021. The City shall provide to Contractor an increase of 7.5% for 2021 for services
rendered under this Agreement. This includes the sum of THIRTY-ONE
THOUSAND SEVEN HUNDRED SIXTY-FOUR DOLLARS AND FIFTY-SIX
CENTS ($31,764.56) per month from January 1, 2021 through December 31, 2021.
Of this sum, SEVENTEEN THOUSAND NINE HUNDRED SIXTEEN DOLLARS
AND SIXTY-SEVEN CENTS ($17,916.67) is paid for attorney compensation,
THREE THOUSAND FOUR HUNDRED NINETY-THREE DOLLARS AND
SEVENTY-FIVE CENTS ($3,493.75) is paid for the provision of investigator
services, and TEN THOUSAND THREE HUNDRED FIFTY-FOUR DOLLARS
AND FOURTEEN CENTS ($10,354.14) is paid for administrative expenses.
9
Packet Pg. 85
2.7.a
These payments shall be full compensation for all services and material necessary to accomplish
the objectives of this Agreement, including but not limited to administrative costs associated
with providing legal representation. These administrative costs include, but are not limited to:
travel, telephones, law library, including electronic legal research; financial accounting; case
management systems; computers and software; office space and supplies; training; meeting the
reporting requirements imposed by this Agreement; and other costs necessarily incurred in the
day-to-day management of this Agreement. Contractor shall bill the City each month for
services rendered herein. In the event this Agreement is terminated pursuant to the provisions set
forth in this Agreement, the Contractor's compensation shall be prorated based upon the days
which have elapsed between the effective date of the termination and the first day of the month
after termination.
B. Billing. Contractor shall bill the City, in care of the Mayor or designee, on the first day of the
month, or the first workday thereafter for the monthly installment set forth in subsection A of
this section, and any transcription costs as permitted by this Agreement.
C. Payment. The City shall make payments within 30 days of receipt of Contractor's bill. Except
as provided elsewhere in this Agreement, the payment set forth in this section shall be inclusive
of administrative costs, support costs, and all costs associated with the conduct of the
Contractor's business.
D. Caseload Adiustments: The following formula protects the City and the Association from
having individual attorney caseloads exceed the mandatory maximum of 400 cases as set by the
Supreme Court in the Criminal Rule for Courts of Limited Jurisdiction 3.1 (CrRLJ 3.1), adopting
Standard for Indigent Defense 3.4. Its application would keep individual attorney caseloads
almost uniformly within the 300 to 400 range. In addition it keeps the City and Association in
compliance with the Washington State Bar Association standards. Standard Three calls for a
misdemeanor caseload of 300 cases. A misdemeanor caseload may adjusted to no more than 400
cases, depending upon:
w The caseload distribution between simple misdemeanors and complex
misdemeanors; or
Jurisdictional policies such as post -filing diversion and opportunity to negotiate
resolution of large number of cases as non -criminal violations;
• Other court administrative procedures that permit a defense lawyer to handle
more cases.
The attorney caseloads will be adjusted at the end of each calendar quarter in accordance with
the following formula, and the attorney compensation shall be adjusted as indicated:
Case Referrals Prior Quarter
75 Case Referrals
100 Case Referrals
125 Case Referrals
150 Case Referrals _
_175 Case Referrals
200 Case Referrals w
225 Case Referrals
250 Case Referrals
275 Case Referrals
Attorney Caseloads T
torney Compensation
_ ustment
1.00 Attorney Caseload .25%
1.25 Attorney Caseloads _71.5%
1.50 Attomey Caseloads 85.75%
1.75 Attorney Caseloads Remains
2.00 Attorney Caseloads
2.25 Attarne_ Caseloads
2.50 Attorney Caseloads
2.75 Attorney Caseloads
3.00 Attorney Caseloads
157.25%
171.5%
10
Packet Pg. 86
2.7.a
XXVIII. SUBCONTRACTING PROHIBITED
Except in extraordinary circumstances or as temporarily necessary to avoid violation of the
Indigent Defense Standards, Contractor shall not subcontract with another attorney or law firm to
provide the services required herein. Contractor shall remain directly involved in and
responsible for the representation of all assigned defendants.
XXIX. ASSIGNMENT PROHIBITED
No assignment or transfer of this Agreement or of any interest in this Agreement shall be made
by either of the parties, without prior written consent of the non -assigning party.
XXX. AGREEMENT APPLICABLE TO ALL EMPLOYEES AND VOLUNTEERS
The terms of this Agreement shall apply to all persons who are employed by, or who volunteer
for, the Contractor, including but not limited to attorneys, interns, paralegals, office assistants,
secretaries, and investigators.
XXXI. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND NOT
EMPLOYEE
This Agreement calls for the performance of the services of Contractor as an independent
contractor and Contractor will not be considered an employee of the City for any purpose.
Contractor shall secure at its own expense and be responsible for any and all payment of income
tax, social security, state disability insurance compensation, unemployment compensation,
worker's compensation, and all other payroll deductions for the Contractor and its officers,
agents, and employees and the costs of all professional or business licenses in connection with
the services to be performed hereunder. Contractor shall be solely responsible for any and all
claims or lawsuits filed against Contractor by personnel employed by the Attorney related to the
conditions or terms of employment by the Contractor, and the Contractor shall defend,
indemnify, and hold harmless the City and its employees and officers from any such claims or
lawsuits. Contractor further agrees that its employees are not considered employees of the City
for the purposes of participating in any state or federal program, including but not limited to the
retirement program provided by the Washington Department of Retirement Services, and in the
event that a claim is made to the contrary by any employee or volunteer of the Contractor,
Contractor shall defend, indemnify, and hold harmless the City and its employees and officers
from any such claims or lawsuits and shall pay all awards ordered against the City for such
claims or lawsuits.
XXXII. ADDITIONAL SERVICES
Contractor may be requested to perform additional services beyond the original scope of services
as defined in Section III of this Agreement. Such work will be undertaken only upon written
authorization of the City based upon an agreed amount of compensation.
XXXIII. NOTICES
All notices and other written documentation shall be sent to the parties at the following addresses
unless otherwise requested in writing:
Packet Pg. 87
2.7.a
City of Edmonds: Contractor:
Public Defense Assessor Snohomish County Public Defender Association
c/o Mayor's Office 2722 Colby Avenue, Suite 200
121 Fifth Ave. N Everett, WA 98201
Edmonds, WA 98020
XXXIV. ENTIRE AGREEMENT — AMENDMENTS
This instrument contains the entire Agreement between the parties for the contemplated work
and services to commence July 1, 2020, and it may not be enlarged, modified, altered, or
amended except in writing signed and endorsed by the parties. Nothing contained in this
Agreement shall be deemed to preclude any party from seeking modification of any term
contained herein should an unforeseen and material circumstance arise. Any proposed
modification shall be first presented to the other party for review and approval. Any agreement
between the parties sequent to this Agreement must be executed with identical formality as this
Agreement, otherwise the same shall not be enforceable.
XXXV. DUPLICATE ORIGINALS
This Agreement is executed in duplicate originals.
XXXVI. EFFECTIVE DATE
The terms of this Agreement shall take effect on July 1, 2020.
WHEREFORE, the parties agree to be bound by the terms and conditions set forth above -
DATED this 30th day of June 2020.
CITY OF EDMONDS SNOHOMISH COUNTY PUBLIC
DEFENDER S CIATION
Michael Nelson, Mayor a t h I e e n Kyle, anaging ffirector
A EST7AUT CAT
E;
cots Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
12
Packet Pg. 88
2.7.a
EXHIBIT A INSURANCE REQUIREMENTS FOR SERVICES AGREEMENTS
Insurance
Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Professional Liability insurance appropriate to Contractor's
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Professional Liabili insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability insurance:
1. Contractor's insurance coverage shall be primary insurance naming the City as an additional
insured. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Contractor's insurance and shall not contribute with it.
2. Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either
party, except after thirty (30) days prior written notice by certified mail, return receipt requested,
has been given to the City.
3. City of Edmonds shall be named as an additional insured on all policies (except Professional
Liability) as respects work performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
13
Packet Pg. 89
2.7.a
EXHIBIT A (Continued)
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement, evidencing
the insurance requirements of the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject
to all of the same insurance requirements as stated herein for Contractor.
14
Packet Pg. 90
2.7.b
of E LrarO
" Michael Nelson
-� City of Edmonds Mayor
121 FIFTH AvENUE N. • EDMONDS, WA 98020 ■ 425-771-0251
-Qvc i $9fl
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
FOR INDIGENT DEFENSE SERVICES
FOR THE CITY OF EDMONDS
WHEREAS, the City of Edmonds, a Washington municipal corporation (the "City"), and
the Snohomish County Public Defender Association (the "Consultant"), entered into an underlying
agreement for the provision of public defense services dated June 30, 2020 ("Underlying
Agreement"); and
WHEREAS, Sections I1 and XXXIV of the Underlying Agreement provide for the
extension of the term of the agreement with a written amendment signed and endorsed by the
parties; and
WHEREAS, the parties have agreed to extend the Underlying Agreement for three (3)
months to allow sufficient time for the negotiation of a successor agreement; and
WHEREAS, the parties have agreed to maintain the 2021 rates of compensation for the
work to be performed pursuant to the Underlying Agreement for the duration of this extension;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties to the Underlying Agreement as follows:
1. The Underlying Agreement, incorporated by this reference as if fully set forth
herein, is hereby amended in, but only in, the following respect:
i
1.1 Extension. Section II ("Duration of Agreement") of the Underlying Agreement is
hereby amended to read as follows:
This Agreement shall terminate on March 31, 2022, unless-extetfdrd dtVrminated earlier
in a manner permitted by this Agreement.
2. In all other respects, the Underlying Agreement between theparvies +11 remain in
full force and effect, amended as set forth herein, but only as seeforth he ein. '
Packet Pg. 91
2.7.b
DATED this 4 ' `� day of 1Q0v2-,�be(-
CITY OF EDMONDS
, 2021.
SNOHOMISH COUNTY PUBLIC
DEFENDER ASSOCIATION
Mi hael Nelson, Mayor Kathleen yle, Managing Director
ATTEST/AUTHENTICATED:
cat assey, City C
APPROVED AS TO FORM:
Office of the City Attorney
STATE OF WASHINGTON )
)ss
COUNTY OF 5110bOk"'CIt' )
On this day of 2021, before me, the under -signed, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Kathleen Kyle, Managing Director of the Snohomish County Public Defender
Association, and executed the foregoing instrument, and acknowledged the said instrument
to be her free and voluntary act and deed for the uses and purposes therein mentioned, and
on oath stated that she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
RN
_-` RF�S �t►ij ZZ
.�gIN
�p •,••ss`ON�'''ry,�WZ
NOTARY PUBLI .
182758
My coxnmissidn expires:
'a, p9.2a A0. _w
�►�
�W►liA.-P WA5►'��_ .�
0
w
z
0
in
i
a
cn
a.
a
0
a.
U
in
0
r
Packet Pg. 92
2.7.c
CITY OF EDMONDS CONTRACT NO.
AGREEMENT FOR INDIGENT DEFENSE SERVICES
This Agreement is entered into between the City of Edmonds, a Washington municipal
corporation, ("City") and the Snohomish County Public Defender Association ("Contractor").
I. DEFINITIONS
A. Attorney. Attorneys shall mean attorneys working for the Snohomish County Public Defender
Association, and where appropriate, shall include Rule 9 interns.
B. Case. A Case shall mean the filing of a document with the court naming a person as
defendant or respondent, to which an Attorney is appointed in order to provide representation. In
courts of limited jurisdiction multiple citations from the same incident can be counted as one
case.
C. Contractor. Contractor shall mean the Snohomish County Public Defender Association, and
shall mean each attorney working for the Contractor.
D. Defendant. Defendant shall mean a person charged with a misdemeanor or gross
misdemeanor offense that is filed by the City into the Edmonds Municipal Court, and for whom
the Contractor must provide services pursuant to Section III of this Agreement.
II. DURATION OF AGREEMENT
This Agreement shall be effective April 1, 2022 and shall terminate on December 31, 2023,
unless extended or terminated earlier in a manner permitted by this Agreement.
III. SCOPE OF WORK AND DUTIES OF CONTRACTOR
A. Criminal Defense Representation — To Whom Provided. Except in cases in which a conflict
of interest exists, Contractor shall provide criminal defense representation to the following:
1. All Defendants for which the Contractor has been appointed by the Edmonds Municipal
Court or City as attorney of record pursuant to the Court's or City's determination of
indigence of the defendant.
2. All suspects who are permitted access to a public defender while detained pursuant to an
investigation for any gross or simple misdemeanor being investigated by the City of
Edmonds Police Department, including, but not limited to: the offenses of driving under the
influence (RCW 46.61.502), driving under twenty-one consuming alcohol (RCW 46.61.503)
or physical control of a vehicle under the influence (RCW 46.61.504) for the purposes of
consulting with the Contractor prior to deciding whether to provide a sample of breath or
blood.
3. All persons who are not represented by private counsel and who appear for arraignment in
the Edmonds Municipal Court shall be entitled to an explanation of the rights, information
regarding maximum and minimum penalties if convicted and information regarding the
process and handling of the matter by the Edmonds Municipal Court.
1
Packet Pg. 93
2.7.c
4. All Defendants who, while in the custody of the Snohomish County Jail or City of Lynnwood
Jail who are not represented by private or conflict counsel, who appear in court on charges
filed by the City of Edmonds, shall be entitled to the same level of contact as described above
in subsection 3.
B. Provisional and Temporary Appointments. Contractor shall be available to provide limited
representation on behalf of otherwise unrepresented Defendants at arraignments and during in -
custody hearings despite said Defendant not being appointed pursuant to a determination of
indigence.
If Contractor is appointed to a case pursuant to determination of indigence at an arraignment or
in -custody hearing, Contractor should not recommend a Defendant plead guilty without first
having reviewed discovery from the prosecuting attorney and adequately discussed the case in
private with the Defendant and any witnesses the Contractor deems necessary to make such
recommendation.
C. Representation Provided to Defendants Investigated for Gross Misdemeanor or Misdemeanor Crimes.
Current contractor shall be available 24 hours per day, seven days per week, by telephone for the
purposes of providing representation to otherwise unrepresented suspects or Defendants who are
in custody and under investigation for any gross or simple misdemeanor being investigated by
the City of Edmonds Police Department, including, but not limited to: driving under the
influence (RCW 46.61.502), driving under twenty-one consuming alcohol (RCW 46.61.503),
physical control of a vehicle under the influence (RCW 46.61.504) or any other misdemeanor or
gross misdemeanor. Contractor shall provide the Edmonds Police Department with telephone
numbers of its attorneys that provide direct access to the attorneys, and shall keep such telephone
numbers up to date. Contractor may designate times in which specific attorneys may be reached,
and shall provide the numbers of alternate attorneys if the designated attorney cannot be reached.
D. Duration of Representation of Defendant. In cases in which the Contractor is appointed as
attorney of record, and unless Contractor is permitted by the court to withdraw at an earlier time,
Contractor shall represent the defendant at all stages of the criminal process, from the time of
appointment as attorney of record through the appeals process (provided that funding for appeals
beyond superior court shall be pursuant to the terms of Title 15 of the Rules of Appellate
Procedure), as well as during any period in which the court retains jurisdiction over the terms
and conditions of any sentence or deferral.
E. Anticipated Attorney Caseload. The parties anticipate that 650 cases will be assigned to
Contractor annually and that one and three quarter attorney positions be assigned to these cases.
F. Fundraising. Contractor will assist the City in raising funds to assist with the costs of its
public defense services. Such assistance will include, but may not be limited to, applying for
State grant funds. The City will make all reasonable efforts necessary to assist Contractor in this regard.
IV. APPEARANCE AT HEARINGS
Contractor shall appear at all hearings scheduled by the Edmonds Municipal Court in which it
represents Defendants, as well as all arraignment calendars and all in -custody calendars.
Contractor shall provide a sufficient number of attorneys at the various court calendars to ensure
that Defendants have a sufficient amount of time to consult with the Contractor's attorneys prior
to each defendant's case being heard, and to ensure that the court calendars are not delayed due
to insufficient staffing of Contractor's attorneys at the calendars.
2
Packet Pg. 94
V. REPRESENTATION OF DEFENDANTS WHILE ON THE RECORD
2.7.c
Contractor shall be with and actively representing an appointed Defendant at all times while the
appointed Defendant's case is considered on the court record, and shall adequately inform the
Defendant of the developments in his or her case such that the Defendant proceeds during any
court hearing in a knowing, intelligent, and voluntary manner.
VI. DEFENDANT ACCESS TO CONTRACTOR
A. Contact Prior to Court Hearings. Contractor shall be available to appointed Defendants to
ensure that appointed Defendants are provided with effective assistance of counsel. Defendant
access to the Contractor prior to court hearings is paramount. Contractor shall endeavor to confer
with appointed Defendants about cases prior to court hearings.
B. Toll Free Calls. Appointed Defendants shall be provided access to the Contractor by means of
a toll -free local call made available by the Contractor.
C. Time to Respond. Contractor shall respond to defendant inquiries within a reasonable time to
ensure the effective assistance of counsel, whether such inquiries are received by letter,
telephone, email, or otherwise.
D. Local Office Required. At all times during the term of this Agreement, Contractor shall
maintain an office at its current location or within 5 miles of either the Edmonds Municipal
Court or the City of Edmonds. The office of the Contractor shall accommodate confidential
meetings with Defendants, shall be equipped with telephone, facsimile, and internet services,
shall receive adequate cellular telephone service, and shall be the location at which mail and
service of process is received.
E. Availability for and Contact with In -Custody Defendants. Contractor shall evaluate the cases
of all appointed Defendants in the custody of the Snohomish County Jail or City of Lynnwood
Jail prior to the time of the Defendant's trial, and shall meet with such in -custody Defendants as
the Contractor deems appropriate for providing effective assistance of counsel. At a minimum,
Contractor shall meet with all appointed misdemeanant Defendants who are in -custody within
two (2) business days of the Contractor being notified of its appointment as that defendant's
legal representative. In addition, Contractor shall schedule no less than two periods of time each
week in which to meet with appointed Defendants who are in the custody of the Snohomish
County Jail or City of Lynnwood Jail. These two periods of time shall be for the purposes of
responding to inmate requests, responding to letters and telephone calls, and preparing for the
defense of the jailed Defendants. These two periods shall be separate in time, not necessarily in
days, from court hearings held at the Snohomish County Jail or City of Lynnwood Jail.
VII. QUALITY OF REPRESENTATION
Contractor shall provide services in a professional and skilled manner consistent with
Washington's Rules of Professional Conduct, applicable case law, the Constitutions of the
United States and Washington, and the court rules that define the duties of counsel and the rights
of defendants. Contractor shall be familiar with and comply with the New Standards for Indigent
Defense as adopted by the Washington State Supreme Court on June 15, 2012, and as thereafter
amended (hereafter "the Indigent Defense Standards"). At all times during the representation of
a defendant, the Contractor's primary responsibility shall be to protect the interests of the
defendant.
3
Packet Pg. 95
2.7.c
VIII. QUALIFICATIONS OF CONTRACTOR ATTORNEYS - TRAINING
A. Qualifications. All attorneys employed by Contractor for the purposes of providing the
services called for in this contract shall, at a minimum, satisfy the minimum qualifications to
practice law as established by the Washington Supreme Court; be familiar with and follow the
statutes, court rules, case law and constitutional law applicable to misdemeanor criminal defense
work in the state of Washington; be familiar with and abide by Washington's Rules of
Professional Conduct; be familiar with and abide by the Indigent Defense Standards; be familiar
with the consequences to each particular defendant of any conviction or adjudication including
but not limited to jail time, financial penalties, restitution, mental health or drug and alcohol
treatment obligations, license suspensions, and immigration or civil commitment implications; be
familiar with mental health and substance abuse issues applicable to each defendant; be able to
recognize the need for expert services including but not limited to investigators; and be able to
satisfy the terms and conditions of this Agreement.
B. Training. For each attorney of the Contractor providing services under this Agreement, a
minimum of seven (7) hours of reportable continuing legal education credits per year shall be in
the areas of criminal defense law, criminal process, trial advocacy, legal writing, appellate work,
law practice management, or any other subject that, in the opinion of the Contractor, is
applicable to providing criminal defense services. If Contractor employs more than seven (7)
attorneys, Contractor shall conduct in house training pursuant to the Indigent Defense Standards.
IX. USE OF RULE 9 INTERNS
A. Workload of Rule 9 Interns. Contractor may employ interns qualified under Admission to
Practice Rule 9 who perform work pursuant to this Agreement. Rule 9 interns shall remain
under the supervision of the Contractor, and an attorney for Contractor shall remain responsible
for the cases for which the Rule 9 provides services. Any applicable case load limits for full time
Rule 9 Interns who have not graduated from law school shall be one quarter (1/4) of the case
load limit of an Attorney working the same number of hours.
B. Qualifications of Rule 9 Interns. Rule 9 interns shall be required to abide by Sections VII and
VIII except that Rule 9 interns shall not be required to complete the training requirements of
Section VIII, and in place of the requirement to satisfy the minimum qualifications to practice
law as established by the Washington Supreme Court, the Rule 9 intern must comply with the
provisions of APR 9. Rule 9 interns shall be closely monitored by the more senior attorneys of
the Contractor.
X. DISCOVERY TO BE PROVIDED
The City's Prosecuting Attorney's Office shall provide Contractor one (1) copy of all
discoverable material concerning each assigned case pursuant to the rules of discovery and
without charge as soon as possible after appointment. For those individuals who are held in
custody, discovery shall be provided within one (1) business day.
XI. NUMBER OF ATTORNEYS EMPLOYED
Contractor shall employ a sufficient number of Attorneys to comply with caseload limits.
M
Packet Pg. 96
2.7.c
XII. CASELOAD LIMITS PER FULLTIME EQUIVALENT POSITION
A. Caseload Limits in General. Contractor shall maintain a caseload such that it can provide each
and every Defendant effective assistance of counsel as required by this Agreement. Subject to
the remaining subsections of this section, a fulltime equivalent attorney position should be
appointed to no more than 400 unweighted cases per year.
B. Case Defined. For the purposes of this section, the term "case" shall mean a group of
criminal charges related to a single incident filed against a Defendant to which an Attorney is
appointed pursuant to a finding of indigence.
C. Caseload Limit Reduction. Each Attorney's caseload limit shall be reduced by the
approximate percentage of time the Attorney spends representing private clients or defendants
that have not been formally appointed pursuant to a finding of indigence.
D. Alternative Caseload limits and Case Weighting. In the event the City or Contractor
determine that it is necessary or advisable to use a caseload limit that differs from the case load
limits specified in this section, either party may propose to the other an alternative standard for
caseload limits so long as such standard is fully consistent with the Indigent Defense Standards.
If the parties agree the proposed alternative standard is fully consistent with the Indigent Defense
Standards and such alternative standards do not create an undue administrative burden on either
party, the alternative standard shall be formally approved by the Contractor and the City's Mayor
and incorporated within this Agreement.
E. Post -Sentence Representation. All post -sentencing hearings will be counted as part of
Contractor's continuing representation of Defendants as set forth in Section III, above. All new
clients appointed to Contractor at post sentencing -review hearings will be counted as one case.
F. RALJ and Writ Representation. Each RALJ appeal shall count as six (6) cases. Each writ
shall count as three (3) cases.
XIII. COMPLIANCE WITH INDIGENT DEFENSE STANDARDS
A. Caseload Monitoring. Contractor shall continually monitor the caseload and performance of
Contractor as a whole and each attorney providing services pursuant to this Agreement.
Contractor shall provide projections at least three months in advance regarding the caseload
limits based upon the number of attorneys employed by Contractor and trends in case filings.
B. Caseload Level Shifting. In the event an attorney is handling a caseload such that the attorney
is unable to provide effective assistance of counsel to each and every defendant or is otherwise
on track to exceed his/her caseload limit, Contractor shall reduce the caseload of that attorney,
and shift the reduced portion of the caseload to another Attorney employed by the Contractor.
C. Certification of Compliance. Each Attorney shall be in compliance with and shall certify
compliance with the Indigent Defense Standards to the Snohomish County South District Court
and the Edmonds Municipal Court on a quarterly basis or more frequently as required by the
Indigent Defense Standards and in the form required by the Indigent Defense Standards.
5
Packet Pg. 97
XIV. EXPERTS AND INVESTIGATORS
2.7.c
Contractor may retain experts and investigators of the Contractor's choosing as deemed
necessary to the effective defense of the defendant, and may apply to the court for such services
pursuant to applicable court rules. The fees for expert witnesses shall be included in the costs
that the City pays Contractor except as ordered by the Court pursuant to CrRLJ 3.1(f).
The Contractor shall retain an investigator of its choosing as deemed necessary for the effective
defense of the defendant, this cost shall be part of the flat fee set forth in this agreement.
XV. COSTS OF TRANSCRIPTION
The City agrees to reimburse the Contractor for all reasonable costs associated with obtaining
and transcribing trial court records for appeal purposes if such costs have not been waived.
XVI. CONFLICTS OF INTEREST
Contractor shall maintain a database of client information sufficient for the Contractor to
determine the existence of any conflicts of interest. In the event representation of a defendant
would constitute a conflict of interest, Contractor shall take such action as is appropriate
pursuant to the Rules of Professional Conduct. In the event the Contractor is disqualified or
excused as counsel of record due to a conflict of interest, Contractor shall not be required to pay
any compensation to another attorney assigned to represent the defendant.
XVII. INTERNAL PERFORMANCE MONITORING AND ATTORNEY SUPERVISION
Contractor shall establish a program for managing the performance of attorneys who provide the
services called for in this Agreement. The performance monitoring program shall have the
purpose of ensuring that each defendant receives effective assistance of counsel, and the terms
and conditions of this Agreement are met. Contractor shall provide the City with a blank copy of
the performance evaluation form used and report to the City on an annual basis whether it has
conducted annual evaluations of attorneys who provide services under this Agreement.
XVIII. REMOVAL OF ATTORNEY
A. Removal by Contractor. In the event Contractor determines, through its internal performance
monitoring and attorney supervision program that an Attorney or Rule 9 intern working for
Contractor fails to comply with the terms of this Agreement, then Contractor shall immediately
take action to prevent that Attorney or Rule 9 intern from providing the services called for in this
Agreement.
B. Recommendation of Removal by City. In the event the City determines that an attorney
working for the Contractor has breached this Agreement, the City may, at its sole discretion and
as an alternative to termination of this Agreement, require Contractor to take action to prevent
that attorney from providing the services called for in this Agreement or otherwise cure the
breach.
n
Packet Pg. 98
XIX. CITY CONTRACT ADMINISTRATOR — CONTRACT OVERSIGHT
2.7.c
The City intends to engage the services of a Public Defense Assessor to manage and monitor this
Agreement. All reports or certifications required by this Agreement shall be delivered to the
Public Defense Assessor at the address set forth in Section XXXIII below. To assist the Public
Defense Assessor in managing and monitoring this Agreement, Contractor shall, in addition to
providing the reports set forth in Section XX below, report to the Public Defense Assessor any
disciplinary action by the Washington State Bar Association against an attorney providing
services under this Agreement, and any finding by a court that any such attorney has provided
ineffective assistance of counsel.
XX. REPORTS OF CONTRACTOR
Contractor shall maintain a case reporting and case management information system, and shall
submit reports to the City's Public Defense Assessor as follows:
A. Reports shall be submitted on a no less than a quarterly basis and shall be a condition of
payment pursuant to Section XXVII.
B. Reports shall contain the following information:
1. The names of defendants to which Contractor was appointed during the reporting period, the
charges, and the associated case numbers;
2. The date of appointment;
3. The case weight assigned to the case if a case weighting system has been approved and
implemented;
4. The number of appellate level cases pending;
5. Copies of the most recent Indigent Defense Standards Certifications filed with the Court by
each Attorney providing services under this Agreement;
6. Information on Contractor's caseload distribution;
7. Information on Contractor's case supervision;
8. The number of pending trials and the type(s) of charges to be addressed in each;
9. The number of substantive motions undertaken;
10. The number of hours spent by each attorney on each of their cases;
11. Information on the use of investigators;
12. Information on the use of expert witnesses;
13. Information on consultations with the Washington Defender Association immigration staff or
with a similar immigration expert; and
14. Information on the disposition of concluded cases.
C. Contractor shall not be required to compromise any attorney -client privilege (RCW 5.60.060)
or Client Confidentiality (RPC 1.6) when providing these reports. However, because it is
necessary for the effective management and monitoring of this Agreement, it is understood that
the Public Defense Assessor is intended to be part of the confidential relationship with the
Contractor and the clients it represents. The Public Defense Assessor's communications with the
City in relation to the monitoring and reporting obligations of this Agreement shall comply with
the requirements of the Rules of Professional Conduct, including RPC 1.6.
7
Packet Pg. 99
XXI. COMPLAINTS AND CORRECTIVE ACTION
2.7.c
A. Complaints Directed to Public Defense Assessor. Any unresolved complaints regarding
Contractor or an attorney or Rule 9 intern providing services pursuant to this Agreement,
whether received by the City, the Contractor, or the Court, shall be directed to the Public
Defense Assessor.
B. Investigation. In the event a complaint is received by or directed to the Public Defense
Assessor and is not timely resolved by the Contractor to the satisfaction of the complainant, the
Public Defense Assessor will investigate the complaint by reviewing the complaint, discussing
the matter with the complaining parry, discussing the matter with the Contractor, and
determining whether a violation of this Agreement has occurred. The Public Defense Assessor
may consult with legal counsel or another expert as deemed necessary in order to resolve the
complaint. In addition, the Public Defense Assessor may consult with the Washington State Bar
Association when appropriate.
C. Corrective Action Plan or Termination. In the event the Public Defense Assessor determines
that a violation has occurred, he or she may develop a corrective action plan or terminate this
Agreement in the event it is determined that termination is appropriate. Contractor shall
cooperate in any investigation of a complaint, and any corrective action plan developed by the
Public Defense Assessor.
XXII. TERMINATION
A. For Cause. The City or the Contractor may terminate this Agreement immediately in the event
the other party breaches the Agreement and such breach is not corrected to the reasonable
satisfaction of the injured party in a timely manner after notice of breach has been provided to
the other party. Each and every term of this Agreement is material. The failure of any party to
comply with any term of this Agreement shall constitute a breach of this Agreement.
B. For Reasons Beyond Control of Parties. Either party may terminate this Agreement without
recourse by the other where performance is rendered impossible or impracticable for reasons
beyond such party's reasonable control such as, but not limited to, acts of nature; war or warlike
operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage;
or superior governmental regulation or control.
C. Without Cause. Either party may terminate this Agreement at any time without cause upon giving
the non -terminating party not less than one hundred twenty (120) days prior written notice.
XXIII. CONTINUATION OF REPRESENTATION AFTER TERMINATION
In the event of termination of this Agreement, Contractor shall continue representation of
Defendants to whom Contractor was assigned prior to the termination until such time as another
defense attorney has been appointed to represent such Defendants. Upon reassignment of such
Defendants to another defense attorney, Contractor shall promptly deliver all related client files
to such defense attorney. Except in cases in which the Contractor is unable to provide services in
conformance with this Agreement, Contractor shall not submit to the court a motion to withdraw
from representing defendants to which the Contractor was assigned until such time as new
counsel has submitted a motion to substitute counsel. For each case in which Contractor makes
one or more in -court appearances with a Defendant, not including appearances that consist solely
of successful continuance motions, the City shall pay Contractor a one time payment of one
hundred and fifty dollars for all post termination services provided in the case.
�3
Packet Pg. 100
2.7.c
XXIV. NON-DISCRIMINATION
Contractor shall not discriminate on the basis of sex, race, nationality, sexual orientation, color,
creed, disability, age, religion or any other state or federal protected category in the hiring of
employees or the provision of services pursuant to a contract with the City.
XXV. PROOF OF LIABILITY INSURANCE
Contractor shall procure and maintain for the duration of the Agreement, insurance of the types
and in the amounts described in Exhibit A attached and incorporated by this reference.
XXVI. INDEMNIFICATION
Contractor shall indemnify, defend, and hold the City, its elected officials, officers, and
employees harmless from any and all claims whatsoever related to or arising from the
performance of the Contractor's obligations pursuant to this Agreement, including but not
limited to claims arising out of the errors and omissions of the Contractor relating to the
representation or lack of representation of clients, and/or by reason of accident, injury, or death
caused to any persons or property of any kind occurring during the performance or lack thereof
of the work required by this Agreement, or traveling to or from any place to perform the work
required by this Agreement, except to the extent they are caused by the sole negligence of the
City. The failure of Contractor to carry insurance in a quantity sufficient to defend a claim or
lawsuit, or cover any judgment that results, shall not operate to limit Contractor's
indemnification or defense of the City. This indemnification section shall survive the expiration
or termination of this Agreement.
XXVII. COMPENSATION
A. Payment for Services.
a. 2022. The City shall provide to Contractor for services rendered under this Agreement the
sum of THIRTY-THREE THOUSAND FIVE HUNDRED FORTY-FIVE DOLLARS
($33,545.00) per month from April 1, 2022 to December 31, 2022. Of this sum, SIXTEEN
THOUSAND SIX HUNDRED DOLLARS ($16,600.00) is paid for attorney
compensation, EIGHT THOUSAND, SIX HUNDRED DOLLARS ($8,600.00) is paid for
provision of investigator and social worker services, and EIGHT THOUSAND THREE
HUNDRED FORTY-FIVE DOLLARS ($8,345.00) is paid for administrative expenses.
b. 2023. The City shall provide to Contractor for services rendered under this Agreement the
sum of THIRTY-SIX THOUSAND TWO HUNDRED NINETY DOLLARS ($36,290.00)
per month from January 1, 2023 to December 31, 2023. Of this sum, SEVENTEEN
THOUSAND THREE HUNDRED DOLLARS ($17,300.00) is paid for attorney
compensation, NINE THOUSAND, THREE HUNDRED DOLLARS ($9,300.00) is paid
for provision of investigator and social worker services, and NINE THOUSAND SIX
HUNDRED NINETY DOLLARS ($9,690.00) is paid for administrative expenses.
These payments shall be full compensation for all services and material necessary to accomplish
the objectives of this Agreement, including but not limited to administrative costs associated
with providing legal representation. These administrative costs include, but are not limited to:
travel, telephones, law library, including electronic legal research; financial accounting; case
management systems; computers and software; office space and supplies; training; meeting the
reporting requirements imposed by this Agreement; and other costs necessarily incurred in the
9
Packet Pg. 101
2.7.c
day-to-day management of this Agreement. Contractor shall bill the City each month for
services rendered herein. In the event this Agreement is terminated pursuant to the provisions set
forth in this Agreement, the Contractor's compensation shall be prorated based upon the days
which have elapsed between the effective date of the termination and the first day of the month
after termination.
B. Billing. Contractor shall bill the City, in care of the Mayor or designee, on the first day of the
month, or the first workday thereafter for the monthly installment set forth in subsection A of
this section, and any transcription costs as permitted by this Agreement.
C. Pae. The City shall make payments within 30 days of receipt of Contractor's bill. Except
as provided elsewhere in this Agreement, the payment set forth in this section shall be inclusive
of administrative costs, support costs, and all costs associated with the conduct of the
Contractor's business.
D. Caseload Adjustments: The following formula protects the City and the Association from
having individual attorney caseloads exceed the mandatory maximum of 400 cases as set by the
Supreme Court in the Criminal Rule for Courts of Limited Jurisdiction 3.1 (CrRLJ 3.1), adopting
Standard for Indigent Defense 3.4. Its application would keep individual attorney caseloads
almost uniformly within the 300 to 400 range. In addition it keeps the City and Association in
compliance with the Washington State Bar Association standards. Standard Three calls for a
misdemeanor caseload of 300 cases. A misdemeanor caseload may adjusted to no more than 400
cases, depending upon:
• The caseload distribution between simple misdemeanors and complex
misdemeanors; or
• Jurisdictional policies such as post -filing diversion and opportunity to negotiate
resolution of large number of cases as non -criminal violations;
• Other court administrative procedures that permit a defense lawyer to handle
more cases.
The attorney caseloads will be adjusted at the end of each calendar quarter in accordance with
the following formula, and the attorney compensation shall be adjusted as indicated:
Case Referrals Prior Quarter
Attorney Caseloads
Attorney Compensation
Adjustment
75 Case Referrals
1.00 Attorney Caseload
57.25%
100 Case Referrals
1.25 Attorney Caseloads
71.5%
125 Case Referrals
1.50 Attorney Caseloads
85.75%
150 Case Referrals
1.75 Attorney Caseloads
Remains
175 Case Referrals
2.00 Attorney Caseloads
114.3%
200 Case Referrals
2.25 Attorney Caseloads
128.6%
225 Case Referrals
2.50 Attorney Caseloads
143%
250 Case Referrals
2.75 Attorney Caseloads
157.25%
275 Case Referrals
3.00 Attorney Caseloads
1 171.5%
10
Packet Pg. 102
XXVIII. SUBCONTRACTING PROHIBITED
2.7.c
Except in extraordinary circumstances or as temporarily necessary to avoid violation of the
Indigent Defense Standards, Contractor shall not subcontract with another attorney or law firm to
provide the services required herein. Contractor shall remain directly involved in and
responsible for the representation of all assigned defendants.
XXIX. ASSIGNMENT PROHIBITED
No assignment or transfer of this Agreement or of any interest in this Agreement shall be made
by either of the parties, without prior written consent of the non -assigning party.
XXX. AGREEMENT APPLICABLE TO ALL EMPLOYEES AND VOLUNTEERS
The terms of this Agreement shall apply to all persons who are employed by, or who volunteer
for, the Contractor, including but not limited to attorneys, interns, paralegals, office assistants,
secretaries, and investigators.
XXXI. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND NOT
EMPLOYEE
This Agreement calls for the performance of the services of Contractor as an independent
contractor and Contractor will not be considered an employee of the City for any purpose.
Contractor shall secure at its own expense and be responsible for any and all payment of income
tax, social security, state disability insurance compensation, unemployment compensation,
worker's compensation, and all other payroll deductions for the Contractor and its officers,
agents, and employees and the costs of all professional or business licenses in connection with
the services to be performed hereunder. Contractor shall be solely responsible for any and all
claims or lawsuits filed against Contractor by personnel employed by the Attorney related to the
conditions or terms of employment by the Contractor, and the Contractor shall defend,
indemnify, and hold harmless the City and its employees and officers from any such claims or
lawsuits. Contractor further agrees that its employees are not considered employees of the City
for the purposes of participating in any state or federal program, including but not limited to the
retirement program provided by the Washington Department of Retirement Services, and in the
event that a claim is made to the contrary by any employee or volunteer of the Contractor,
Contractor shall defend, indemnify, and hold harmless the City and its employees and officers
from any such claims or lawsuits and shall pay all awards ordered against the City for such
claims or lawsuits.
XXXII. ADDITIONAL SERVICES
Contractor may be requested to perform additional services beyond the original scope of services
as defined in Section III of this Agreement. Such work will be undertaken only upon written
authorization of the City based upon an agreed amount of compensation.
XXXIIL NOTICES
All notices and other written documentation shall be sent to the parties at the following addresses
unless otherwise requested in writing:
11
Packet Pg. 103
2.7.c
City of Edmonds: Contractor:
Public Defense Assessor Snohomish County Public Defender Association
c/o Mayor's Office 2722 Colby Avenue, Suite 200
121 Fifth Ave. N Everett, WA 98201
Edmonds, WA 98020
XXXIV. ENTIRE AGREEMENT — AMENDMENTS
This instrument contains the entire Agreement between the parties for the contemplated work
and services to commence April 1, 2022, and it may not be enlarged, modified, altered, or
amended except in writing signed and endorsed by the parties. Nothing contained in this
Agreement shall be deemed to preclude any party from seeking modification of any term
contained herein should an unforeseen and material circumstance arise. Any proposed
modification shall be first presented to the other party for review and approval. Any agreement
between the parties sequent to this Agreement must be executed with identical formality as this
Agreement, otherwise the same shall not be enforceable.
XXXV. DUPLICATE ORIGINALS
This Agreement is executed in duplicate originals.
XXXVI. EFFECTIVE DATE
The terms of this Agreement shall take effect on April 1, 2022.
WHEREFORE, the parties agree to be bound by the terms and conditions set forth above.
DATED this day of 2022.
CITY OF EDMONDS SNOHOMISH COUNTY PUBLIC
DEFENDER ASSOCIATION
Michael Nelson, Mayor Kathleen Kyle, Managing Director
ATTEST/AUTHENTICATE:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
12
Packet Pg. 104
2.7.c
EXHIBIT A INSURANCE REQUIREMENTS FOR SERVICES AGREEMENTS
Insurance
Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
Professional Liability insurance appropriate to Contractor's
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability insurance:
Contractor's insurance coverage shall be primary insurance naming the City as an additional
insured. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Contractor's insurance and shall not contribute with it.
2. Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either
party, except after thirty (30) days prior written notice by certified mail, return receipt requested,
has been given to the City.
3. City of Edmonds shall be named as an additional insured on all policies (except Professional
Liability) as respects work performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
13
Packet Pg. 105
2.7.c
EXHIBIT A (Continued)
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement, evidencing
the insurance requirements of the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject
to all of the same insurance requirements as stated herein for Contractor.
W
Packet Pg. 106
2.8
City Council Agenda Item
Meeting Date: 02/8/2022
Update on State Public Safety Policy
Staff Lead: Interim Economic Devpt Director Doug Merriman (possibly accompanied by
lobbyist for the City of Edmonds Debra Munguia) and Chief Michelle Bennett
Department: City Council
Preparer: Scott Passey
Background/History
HB 1310, Concerning Permissible Uses of Force by Law Enforcement and Correctional Officers, was
signed into effect May 18, 2021.
Local law enforcement agencies, including Edmonds Police Department, have been seeking language
and intent clarification since. Additionally, law enforcement has expressed concerns that elements of
the legislation have not proven to be good policy when tested in the field.
City of Edmonds included support for clarifications and changes to this legislation in our lobbyist's
legislative agenda for 2022.
HB 2037 (use of force) and HB1788 (vehicular Pursuits) and in the Senate, S135919, may be among the
initiatives to get reported on.
The bills are available at leg.wa.gov in your browser and "Track Bills" under the "Track Legislation"
banner.
Additionally, sessions on these bills can be viewed at the following links:
discrimination, harassment, intimidation, and bullying.
Public Safety (House) - Virtual - 2/3 @ 10:OOam
HB 1656 - Exec Session - Changing the definition of theft.
HB 1788 - Exec Session - Concerning vehicular pursuits.
HB 2037 - Exec Session - Modifying the standard for use of force by peace officers.
Law & Justice (Senate) - Virtual - 2/3 @ 10:30am
SB 5348
- Exec Session
- Concerning assisted reproduction.
SB 5495
- Exec Session
- Concerning catalytic converters.
SB 5781-
Exec Session
- Concerning organized retail theft.
SB 5839
- Exec Session
- Creating the crime of interfering with a firefighter or emergency medical
Packet Pg. 107
2.8
services provider.
SB 5856 - Exec Session - Concerning transfers of firearms to museums and historical societies.
SB 5919 - Exec Session - Concerning the standard for law enforcement authority to detain or pursue
persons.
SB 5927 - Exec Session - Concerning the safety and security of retail cannabis outlets.
Transportation (House) - Virtual - 2/3 @ 1:30pm
SHB 1815 - Public Hearing - Deterring catalytic converter theft. (Remote testimony.)
Transportation (Senate) - Virtual - 2/3 @ 4:OOpm
SSB 5332 - Exec Session - Concerning off -road and wheeled all -terrain vehicles.
SB 5485 - Public Hearing - Prohibiting traffic stops for certain traffic violations. (Hearing is on the
Proposed Substitute.) (Remote testimony.)(TESTIFY OPPOSED)
Recommendation
Inform on ways Council and the public can be supportive of the City legislative agenda as it relates to
public safety.
Narrative
This is an opportunity for Council and the public to understand current state law enforcement policy,
and the potential impact of current session legislation on that policy and the job of law enforcement
here in Edmonds.
Packet Pg. 108