2017-09-19 City Council - Full Agenda-19631.
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o Agenda
Edmonds City Council
snl. ,nyo COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
SEPTEMBER 19, 2017, 7:00 PM
CALL TO ORDER/FLAG SALUTE
ROLL CALL
APPROVAL OF THE AGENDA
PRESENTATIONS
1. Constitution Week Proclamation (5 min.)
2. Snohomish Health District Presentation (15 min.)
AUDIENCE COMMENTS (3-MINUTE LIMIT PER PERSON) - REGARDING MATTERS NOT LISTED ON
THE AGENDA AS CLOSED RECORD REVIEW OR AS PUBLIC HEARINGS
APPROVAL OF THE CONSENT AGENDA
1. Approval of Council Special Meeting Minutes of September 5, 2017
2. Approval of Council Special Meeting Minutes of September 12, 2017
3. Approval of Council Meeting Minutes of September 12, 2017
4. Edmonds Police Officers' Association (EPOA) - collective bargaining agreement (1/1/17-
12/31/19)
5. Interlocal Agreement with Edmonds School District for Meadowdale Preschool
7. ACTION ITEMS
1. Indigenous Peoples Day Resolution (10 min)
2. Edmonds Veteran's Plaza Update and Request (15 min)
8. STUDY ITEMS
1. Critical Areas Ordinance Report (15 min.)
2. Edmonds Sustainability/Climate Goals Follow-up (20 min.)
9. REPORTS ON COUNCIL COMMITTEES
1. Council Committee Reports (15 min.)
10. MAYOR'S COMMENTS
11. COUNCIL COMMENTS
12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW
42.30.110(1)(1).
Edmonds City Council Agenda
September 19, 2017
Page 1
13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE
SESSION.
ADJOURN
Edmonds City Council Agenda
September 19, 2017
Page 2
4.1
City Council Agenda Item
Meeting Date: 09/19/2017
Constitution Week Proclamation (5 min.)
Staff Lead: Mayor Earling
Department: Mayor's Office
Preparer: Carolyn LaFave
Background/History
Staff Recommendation
Narrative
In remembrance of the signing of the Constitution and in recognition of the Americans who strive to
uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29,
1952 (36 U.S.C. 106), designated September 17 as "Constitution Day and Citizenship Day," and by joint
resolution of August 2, 1956 (36 U.S.C. 108), requested that the President proclaim the week
beginning September 17 and ending September 23 of each year as "Constitution Week." Accepting on
behalf of the Peter Puget Chapter of the National Society of the Daughters of the American Revolution
is Vice Regent, Judy Lehman.
Attachments:
2017 Constitution Week
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O
City of Edmonds • Office of the Mayor
Constitution Week
Septc inter 17- 23, 2017
WHERE.IS: September 17, 2017, marks the 230th anniversary of the
drafting of the Constitution of the United States of America
by the Constitutional Convention; and
WHERR.4S: It is fitting and proper to accord official recognition to this
magnificent document and its memorable anniversary; and
to the patriotic celebrations which will commemorate the
occasion; and
WHERE.LS: Public Law 915 guarantees the issuing of a proclamation each
year by the President of the United States of America
designating September 17 — 23 as Constitution Week;
NOW, THEREFORE, I, David O. Earling, Mayor, do hereby proclaim the
week of September 17 — 23 as
Constitution Week
And ask our citizens to reaffirm the ideals the Framers of the constitution had in
1787 by vigilantly protecting the freedoms guaranteed to us through this
guardian of our liberties, remembering that lowrights may never be regained.
uka-�
David O. Earling, Mayor
September 19, 2017
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4.2
City Council Agenda Item
Meeting Date: 09/19/2017
Snohomish Health District Presentation (15 min.)
Staff Lead: Scott Passey
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
City Council approved an Interlocal Agreement (ILA) with the Snohomish Health District to provide a $1
per capita financial contribution ($41,000) to the District in 2017. Pursuant to that ILA, the District is
required to provide a quarterly update report to the City Council on or before May 31, 2017, August 31,
2017, November 30, 2017, and February 28, 2018.
Staff Recommendation
No action required.
Narrative
Snohomish Health District Interim Administrator Jeff Ketchel will provide a brief report and discuss
updates, services, and funding.
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6.1
City Council Agenda Item
Meeting Date: 09/19/2017
Approval of Council Special Meeting Minutes of September 5, 2017
Staff Lead: Scott Passey
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Staff Recommendation
Review and approve the draft meeting minutes on the Consent Agenda.
Narrative
N/A
Attachments:
09-05-2017 Draft Council Special Meeting Minutes
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6.1.a
EDMONDS CITY COUNCIL SPECIAL MEETING
DRAFT MINUTES
SEPTEMBER 5, 2017
Elected Officials Present
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
Adrienne Fraley-Monillas, Councilmember
Tom Mesaros, Mayor Pro Tern
Kristiana Johnson, Councilmember
Elected Officials Absent
Mike Nelson, Council President Pro Tern
Dave Earling, Mayor
Staff Present
Mary Ann Hardie, HR Director
Al Compaan, Police Chief
Jeff Taraday, City Attorney
Carrie Hite, PRCS Director
Phil Williams, PW Director
CALL TO ORDER/CONVENE IN JURY MEETING ROOM
At 6:15 p.m., the City Council Special Meeting was called to order by Mayor Pro Tem Mesaros in
the Council Chambers, 250 5th Avenue North, Edmonds.
2. EXECUTIVE SESSION TO DISCUSS COLLECTIVE BARGAINING PER RCW
42.30.140(1)(A) AND PENDING OR POTENTIAL LITIGATION PER RCW
42.30.110(1)(I)
The City Council then adjourned to the Jury Meeting Room in executive session to discuss
collective bargaining and pending or potential litigation. The executive session concluded at 7:00
p.m.
ADJOURN
At 7:00 p.m., the meeting was adjourned.
Edmonds City Council Draft Minutes
September 5, 2017
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6.2
City Council Agenda Item
Meeting Date: 09/19/2017
Approval of Council Special Meeting Minutes of September 12, 2017
Staff Lead: Scott Passey
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Staff Recommendation
Review and approve the draft meeting minutes on the Consent Agenda.
Narrative
N/A
Attachments:
09-12-2017 Draft Council Special Meeting Minutes
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6.2.a
EDMONDS CITY COUNCIL SPECIAL MEETING
DRAFT MINUTES
SEPTEMBER 12, 2017
Elected Officials Present
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
Adrienne Fraley-Monillas, Councilmember
Tom Mesaros, Council President
Kristiana Johnson, Councilmember
Dave Earling, Mayor
Elected Officials Absent
Mike Nelson, Councilmember
Staff Present
Mary Ann Hardie, HR Director
Al Compaan, Police Chief
Jeff Taraday, City Attorney
1. CALL TO ORDER/CONVENE IN JURY MEETING ROOM
At 6:20 p.m., the City Council Special Meeting was called to order by Mayor Earling in the Council
Chambers, 250 5th Avenue North, Edmonds.
2. EXECUTIVE SESSION TO DISCUSS COLLECTIVE BARGAINING PER RCW
42.30.140(1)(A).
The City Council then adjourned to the Jury Meeting Room in executive session to discuss
collective bargaining. The executive session concluded at 6:32 p.m.
ADJOURN
At 6:32 p.m., the meeting was adjourned.
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September 12, 2017
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6.3
City Council Agenda Item
Meeting Date: 09/19/2017
Approval of Council Meeting Minutes of September 12, 2017
Staff Lead: Scott Passey
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Staff Recommendation
Review and approve the draft meeting minutes on the Consent Agenda.
Narrative
N/A
Attachments:
09-12-2017 Draft Council Meeting Minutes
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6.3.a
EDMONDS CITY COUNCIL DRAFT MINUTES
September 12, 2017
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Thomas Mesaros, Council President
Kristiana Johnson, Councilmember
Michael Nelson, Councilmember
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
ALSO PRESENT
Noal Leonetti, Student Representative
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Al Compaan, Police Chief
N. Haughian, Police Officer
Phil Williams, Public Works Director
Carrie Hite, Parks, Rec. & Cult. Serv. Dir.
Patrick Doherty, Econ. Dev & Comm. Serv. Dir
Shane Hope, Development Services Director
Scott James, Finance Director
Mary Ann Hardie, HR Director
Rob English, City Engineer
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
The Edmonds City Council meeting was called to order at 7:01 p.m. by Mayor Earling in the Council
Chambers, 250 5t1i Avenue North, Edmonds. The meeting was opened with the flag salute.
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
3. APPROVAL OF AGENDA
COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT,
TO APPROVED THE AGENDA WITH THE FOLLOWING CHANGES: MOVE AUDIENCE
COMMENTS FROM ITEM 6 TO ITEM 4, RENUMBER ITEMS 4 AND 5, AND ADD AN UPDATE
ON THE MARSH RFP SELECTION PROCESS AS ITEM 8. MOTION CARRIED
UNANIMOUSLY.
4. AUDIENCE COMMENTS
Don Hall, Edmonds, recalled in the past he spoke about rowing in the ocean and being caught in plastic
bags and the Council ultimately passing a ban on plastic bags. He referred to Seattle's ban of plastic straws
and utensils, an ordinance originally drafted in 2008 but there was nothing to replace plastic straws and
utensils. He requested Edmonds also ban plastic straws and utensils and other plastic items included in
Seattle's ordinance. Climate change is a big issue, but this is a small thing that can be done to protect marine
life. He also urged the Council to ban the use of Styrofoam, recalling he and former Councilmember
Peterson had begun to work on that. He said 200+ restaurants in Seattle are eliminating plastic straws and
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September 12, 2017
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utensils before the ban takes effect in July 2018 and he urged Edmonds restaurants to do the same. He
reminded of Bird Fest this weekend.
Alvin Rutledge, Edmonds, commented on the plastic bags ban, noting the food bank was exempt. With
regard to the Salary Commission, he was glad it was reestablished, recalling in the past the Commission
interviewed Councilmembers about the number of hours per week they spent on Council business.
5. APPROVAL OF CONSENT AGENDA ITEMS
COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO REVISE THE COUNCIL MEETING MINUTES OF SEPTEMBER 5, 2017 BY
REPLACING IN THE VERDANT PRESENTATION ON PAGE 2, "SERVING APPROXIMATELY
2,000 RESIDENTS" TO "SERVING APPROXIMATELY 200,000 RESIDENTS."
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED
UNANIMOUSLY. The agenda items approved are as follows:
1. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 5, 2017
2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
6. PRESENTATION
1. 2017 SALARY COMMISSION PRESENTATION
Jay Grant, Salary Commission, Chair, introduced Commissioners Ava Dubno, Vice -Chair; Don Hall; Jeff
Hodson; and Carl Zapora. He also expressed the Commission's appreciation for Mary Ann Hardie, HR
Director, for her support. He highlighted:
• Factors Considered
o Hours Councilmembers work
o Historical compensation data (since 1988)
o Compensation in cities of similar size
o Form of government (strong mayor and mayor/council for mayoral salaries)
■ Did not include City Managers' salaries which are consistently higher than elected mayors
o Cost -of -living trends (Consumer Price Index)
o FTEs, city populations
o City COLA history for employees
o General budget information
o Council and Mayor survey feedback (4 responses out of 8)
o Public comment was allowed at all Commission meetings; no public comment provided
o Public survey feedback (26 responses)
• Graph of Consumer Price Index Seattle -Tacoma Bremerton 2002-2016
• Graph of Mayor's base salary 2002-2017
0 2004 $97,000
0 2005 $98,940
0 2006 $101,414
0 2008 $113,210
0 2013 $115,379
0 2017 $118,361
Graph of Strong Mayor and Mayor/Council Governments — Mayoral Base Salary and population
City Population] Mayor's 2017 base salary
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6.3.a
Wenatchee
33,510
$82,661
Mt Vernon
33,730
$98,413
Lynnwood
36,590
$104,767
Bremerton
40,500
$107,000
Issaquah
34,590
$113,136
Edmonds
40,900
$118,361
Federal Way
93,670
$119,088
Marysville
64,940
$131,112
Redmond
60,560
$137,000
Auburn
77,060
$142,351
Mayoral salary determination
o Provide a cost -of -living adjustment to the Mayor's salary effective 1/l/2018 as follows: The
mayor's salary shall be increased by one -hundred percent (100%) of the Seattle Area Consumer
Price Index for All Urban Consumers (CPI-U) annual percent change from June 2016 to June
2017. This figure has already been released by the U.S. Bureau of Labor Statistics and amounts
to a 3.0% increase.
o Additionally, effective January 1, 2019, the Mayor's salary shall be increased by one -hundred
percent (100%) of the Seattle Area CPI-U annual percent change from June 2017 to June 2018.
0 3.0 percent increase for 2018 = $121,912, up from $118, 361
o The Commission determines the benefits package for the position of Mayor shall remain
unchanged, and shall change in the future only if the benefits package for non- represented
employees changes. The benefits package for Mayor currently mirrors the benefits package for
non -represented employees.
Graph of Councilmember base salaries 2002-2017
Graph of Councilmember salaries since 2002 com aring actual vs. projected with CPI-U growth
Year
I Actual Salary
Salary if grown at CPI-U
2002
$12,000
2005
$12,000
$12,573
2009
$12,000
$14,510
2013
$12,000
$15,412
2015
$12,000
$15,878
2017
$12,000
1 $16,454
• Graph of Councilmember salary comparisons compared to cities 30,000 to 50,000 population -
Compensation before benefits (2017)
• Comparison of population and Council salaries
city
Population
Council base salary 2017
Lake Stevens
30,900
$6,000
Mt Vernon
33,730
$7,200
Burien
50,000
$7,200
Des Moines
30,570
$9,996
Lynnwood
36,590
$10,800
Edmonds
40,900
$12,000
Bremerton
40,500
$12,276
Bothell
43,980
$12,372
Puyallup
39,850
$14,049
Issaquah
34,590
$15,000
University Place
32,230
$16,896
Lacey
47,450
$17,100
• Council salary determination
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6.3.a
o Provide an increase to Councilmember base wages effective 1/1/18 as follows: $1,500 per
Council Member per year.
o Additionally, an increase to Councilmember base wages effective 1/1/19 will be provided as
follows: $1,500 per Council Member per year
0 2018 base salaries: $13,500 per year (up from $12,000)
0 2019 base salaries: $15,000 per year
o The Commission determines that the current health benefits package shall remain the same,
and shall change in the future only if the benefits package offered to non -represented employees
changes (either plan, or contribution rate).
Council President's salary + elected Member' benefits
o The Commission shall let stand (and remain unchanged) the additional compensation of the
President of the Council ($200 per month on top of Council Member base salary).
Mr. Grant thanked the Commissioners for their work, commenting their discussions were open, frank and
cooperative which made for a collaborative, comprehensive and congenial working environment. The
Commission's recommendations have been reviewed by the City's counsel as required. On behalf of the
Commission, he submitted their determinations to the City Clerk as required.
Councilmember Buckshnis thanked the Commission for their work and for posting the surveys online. She
asked the difference between the Snohomish County and Seattle CPI-W/U and why the Commission used
the Seattle CPI. Mr. Grant answered it was a broader -based CPI and included major cities in the area.
Councilmember Fraley-Monillas commended the Commission for their work, remarking it was one of best
projects she has seen done in a long time. Working for State, she has seen Salary Commissions work many
times. Under the strong mayor -council government, the graph includes Wenatchee but the rest of the cities
are in western Washington. She asked if that was due to population. Mr. Grant answered it was difficult to
find cities with strong mayor form of government to compare to Edmonds so they had to look outside the
area. Councilmember Fraley-Monillas observed Wenatchee was not included the Councilmember
comparison because there were enough western Washington cities for comparison. Mr. Grant agreed that
was the reason.
Councilmember Johnson expressed her appreciation for the Commission's work, finding it very
comprehensive and well done.
Councilmember Teitzel echoed the commendations for the work done by the Commission, thanking them
for their time and service to the City. He observed the comparison were based on base salary without
considering benefits and asked if that was because benefits for elected officials were essentially the same
in comparable cities. Mr. Grant said the Commission did look at healthcare benefits; other cities provide
additional benefits such as cell phones, cars, etc. Past Commissions have carefully considered this issue,
and the Commission felt it appropriate to use base salaries.
Mayor Earling expressed appreciation for the work done by the Commission and thanked them for their
high -quality work and reaching consensus in the end.
7. UPDATE ON THE MARSH RFP SELECTION PROCESS
Council President Mesaros advised the City received five proposals which were reviewed by the Task Force
(Councilmembers Buckshnis, Nelson and Mesaros, Development Services Director Shane Hope and Senior
Planner Kiernan Lien). The six selection criteria in the RFP used in reviewing the proposals are:
1. Professional education and expertise in wetland and wildlife sciences
2. Experience in developing site specific scientific studies
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6.3.a
3. Manager's qualifications and experience in managing projects such as these
4. Approach to baseline study
5. Budget for baseline study
6. Proposal's clarity and its consistency with RFP requirements.
Council President Mesaros reported one of respondents, Cook Scientific, did not meet two of the criteria
and their proposal was rejected. The respondents selected for interview are: The Watershed Company,
Kirkland; GeoEngineers, Redmond; Windward Environmental, Seattle; and Shannon & Wilson, Seattle.
The entire Council will interview those firms on September 25 (Plaza Room 9:00 a.m.) and September 26
(9:00 a.m. Brackett Room). The meetings are open to the public.
Council President Mesaros introduced Noal Leonetti, a senior at Edmonds-Woodway High School, who
will serve as Student Representative until June. Student Representative Leonetti said he was excited to be
here and serving Edmonds.
8. ADJOURN TO COMMITTEE MEETINGS
With no further business, the Council meeting was adjourned to committee meetings at 7:27 p.m. (Parks,
Planning & Public Works Committee in the Jury Meeting Room, Finance Committee in Council Chambers
and Public Safety & Personnel Committee in the Police Training Room.)
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6.4
City Council Agenda Item
Meeting Date: 09/19/2017
Edmonds Police Officers' Association (EPOA) - collective bargaining agreement (1/1/17-12/31/19)
Staff Lead: Mary Ann Hardie
Department: Human Resources
Preparer: MaryAnn Hardie
Background/History
The City has completed contract negotiations with the EPOA (commissioned police officers) on the
terms of the collective bargaining agreement for the period 1/1/17-12/31/19.
Staff Recommendation
Approval on consent by full Council at the 9/19/17 meeting.
Narrative
The City has completed contract negotiations with the EPOA (commissioned police officers) on the
terms of the collective bargaining agreement for the period 1/1/17-12/31/19.
As approved to be forwarded for the consent agenda by Council at the 9/12/17 executive session.
Attachments:
2017-2019 CBA Post Mediation Agreement - FINAL
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6.4.a
AGREEMENT
by and between
CITY OF EDMONDS, WASHINGTON
and the
EDMONDS POLICE OFFICERS' ASSOCIATION
(Representing the Law Enforcement Commissioned Employees)
JANUARY 1, 20174 THROUGH DECEMBER 31, 20196
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6.4.a
TABLE OF CONTENTS
ARTICLE I RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION- PAGE 3
ARTICLE II GENDER - PAGE 4
ARTICLE III ASSOCIATION RIGHTS- PAGE 4
ARTICLE IV HOURS OF WORK, OVERTIME AND CALLBACK- PAGE 6
ARTICLE V PROBATIONARY PERIODS, SENIORITY- PAGE 10
ARTICLE VI WAGES - PAGE 11 (also see Appendix "A")
ARTICLE VII HOLIDAYS - PAGE 12
ARTICLE VIII VACATIONS - PAGE 12
ARTICLE IX LEAVES - PAGE 14
ARTICLE X INSURANCE - PAGE 17
ARTICLE XI UNIFORMS AND EQUIPMENT - PAGE 18
ARTICLE XII MISCELLANEOUS - PAGE 21
ARTICLE XIII NO STRIKE PROVISION - PAGE 23
ARTICLE XIV DISCHARGE OR SUSPENSION - PAGE 23
ARTICLE XV GRIEVANCE PROCEDURE - PAGE 23
ARTICLE XVI SAVINGS CLAUSE- PAGE 25
ARTICLE XVII DURATION - PAGE 26
ARTICLE XVIII ENTIRE AGREEMENT- PAGE 26
APPENDIX "A" - PAGE 27
APPENDIX "B" - PAGE 34
APPENDIX "B-1" - PAGE 41
APPENDIX "C" - PAGE 42
APPENDIX "D" - PAGE 45
APPENDIX "E" —PAGE 46
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6.4.a
AGREEMENT
by and between
CITY OF EDMONDS, WASHINGTON
and the
EDMONDS POLICE OFFICERS' ASSOCIATION
JANUARY 1, 20174 THROUGH DECEMBER 31, 20196
(Representing the Law Enforcement Commissioned Employees)
THIS AGREEMENT is by and between the CITY OF EDMONDS, WASHINGTON, hereinafter
referred to as the Employer, and the EDMONDS POLICE OFFICERS' ASSOCIATION, hereinafter
referred to as the Association.
ARTICLE I. RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION
1.1 Recognition-- The Employer recognizes the Association as the sole collective bargaining
representative for all fully commissioned law enforcement officers of the City of Edmonds,
Washington Police Department excluding the Chief of Police, Assistant Police Chiefs, Secretary
to the Chief of Police, Supervisors, confidential employees and all other employees of the
Employer.
1.2 Association Membership_— It shall be a condition of employment that all Employees of the
Employer covered by this Agreement who are members of the Association in good standing on
the effective date of this Agreement shall remain members in good standing or pay an agency fee
and those who are not members on the effective date of this Agreement shall, on the thirty-first
st
(31 ) day following the effective date of this Agreement, become and remain members in good
standing in the Association or pay an agency fee. It shall also be a condition of employment that
all Employees covered by this Agreement hired on or after its effective date shall, on the thirty-
st
first (31 ) day following the beginning of such employment, become and remain members in
good standing in the Association or pay an agency fee.
1.2.1 In accordance with RCW 41.56.122 Employees covered by this Agreement who for bona
fide religious tenets or teachings of a church or religious body are forbidden from joining a
Union/Association shall contribute an amount equivalent to regular Union/Association dues to a
non -religious charity or to another charitable organization mutually agreed upon by the affected
Employee and the Association to which such Employee would otherwise pay the regular
monthly dues. If the Employee and Association are unable to agree, the Public Employment
Relations Commission (PERC) shall designate the charity. The Employee shall furnish written
proof to the Association and the Employer that such payment has been made.
1.2.2 Temporary Employees shall work under the terms of this Agreement, but shall be required
to pay an Association service fee equivalent to regular monthly dues for an Entry Level Officer.
1.3 Payroll Deduct — The Employer shall deduct from the pay of all Employees covered by this
Agreement the dues of the Association and shall remit to said Association all such deductions
monthly, except that all deductions for the above items must be uniform and regular to
accommodate the monthly machine processed payroll. Where laws require written authorization
by the Employee, the same shall be furnished in the form required. No deduction shall be made
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6.4.a
which is prohibited by applicable law. The Association shall indemnify, defend and hold the
Employer harmless against any claims made and against any suit instituted against the Employer
on account of any check -off of dues for the Association. The Association shall refund to the
Employer any amounts paid to it in error on account of the check -off provision upon presentation
of proper evidence thereof.
ARTICLE II. GENDER
2.1 Wherever the words Employee or Employees are used in this Agreement, they are intended and
shall be construed so as to apply equally to either gender.
ARTICLE III. ASSOCIATION RIGHTS
3.1 Association Officials Time -Off — An Association Official who is an Employee in the
Bargaining Unit (Association Board Officer, Negotiation Team Member and/or Shop Steward as
appropriate to the specific activity) shall be granted a reasonable amount of release time if on
duty while actually conducting contract negotiations, contract administration or discipline
representation with the Employer on behalf of the Employees in the Bargaining Unit or actually
engaged in preparatory meetings for said activities with the Employee. This does not include
research and other preparation activities not specifically enumerated and provided:
o They notify the Employer at least forty-eight (48) hours prior to the time -off,
o The Employer is able to properly staff the Employee's job duties during the time- off,
o And the wage cost to the Employer is no greater than the cost that would have been
incurred had the Association Official not taken time -off.
When Association activities, as enumerated above, must be scheduled during an Association
Official's off duty hours, adjustments shall be made to the Official's regular schedule on an hour
for hour (straight time) basis.
Additionally, the Employer shall allow up to an aggregate of nine (9) work days per year of
aggregate leave to allow one (1) delegate from the Edmonds Police Association (EPOA) to
attend each meeting of the Washington State Council of Police (WACOPS) provided that time
spent in such endeavors shall not be considered compensable time within the meaning of the
FLSA and; provided that such delegates pay all of their own expenses in attending the above
meetings.
3.2 Association Investi!ation and Visitation Privileges — The Labor Representative of the
Association, with the permission of the Department Head or designee, may visit the work
location of Employees at any reasonable time and location for the purpose of investigating
Grievances. Such Representative shall limit activities during such investigations to matters
relating to this Agreement; provided however, the Labor Representative shall not interfere with
the operation or normal routine of any department.
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6.4.a
3.3 Bulletin Boards — The Employer shall provide suitable space for a bulletin board to be used
exclusively by the Association.
3.4 Use of Equipment — Bargaining Unit Officials may make occasional but limited use of City
owned/operated communication resources (telephone, facsimile, voice mail, electronic mail,
copier, computer) for communications; specifically, incidental or minimal use is permitted.
Incidental or minimal use is that which is both brief in duration and accumulation and does not
interfere with or impact the conduct of official City business due to volume, frequency or
impedes Employee's performance of their official duties. In no event will the Association use the
City communications resources for internal Association business beyond that permitted for
minimal use or for any political use.
The Association will supply one (1) box/case of paper of a similar type and quality as used by
the City on an annual basis to the City.
3.5 Association Office Space — The City agrees to provide limited office space in the Public Safety
Building that may be used for EPOA business. Such space may be revoked by the City in its sole
discretion, or the EPOA ma., b�quired to move to a different location based upon the needs of
the Department.
Documents that the EPOA expects to remain confidential must be kept in a designated, locked
file cabinet owned by the EPOA. The office space itself must remain open for Department use,
when not being used for EPOA business. The EPOA will exercise reasonable care in the use of
the office space. The EPOA may use Department owned furnishings as available subject to
immediate need by Department personnel for City business.
ARTICLE IV. HOURS OF WORK, OVERTIME AND CALLBACK
4.1 The workweek shall be comprised of three (3) or more consecutive days ON duty and two (2) or
more consecutive days OFF duty. The sum total of time worked shall not exceed forty (40) hours
per week based on an annual average. Officers assigned to patrol will work a four (4) days ON
and four (4) days OFF (4/4), twelve (12) hour schedule. Specific shift configurations (to
include shift hours and days on/days off rotation) shall be as agreed between the Employer and
the Association. FLSA 7(k) work period is mutually agreed to be twenty eight (28) days except
for patrol working twelve (12) hour shifts shall be twenty four (24) days.
4.1.1 A workday shall normally include the following based on shift hours:
Shifts of 8 hours: One (1) thirty (30) minute meal period
Two (2) fifteen (15) minute rest periods
Shifts of 10 hours: One (1) forty-five (45) minute meal period
Two (2) fifteen (15) minute rest periods
Shifts of 12 hours: One (1) forty-five (45) minute meal period
Three (3) fifteen (15) minute rest periods
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All Employees shall be subject to immediate call during meal and rest periods for which no
overtime or additional compensation shall be paid. An Employee recalled to work from a meal or
rest period shall be entitled to an additional rest period.
4.1.2 Scheduling of K-9 Officers — K-9 Officers will be scheduled on a forty (40) hour per week
basis utilizing a four (4) day per week, ten (10) hour per day schedule.
4.2 Overtime — Overtime shall be that time worked in excess of the scheduled hours of work which
shall be compensated at the rate of one and one-half (1.5) times the Employee's regular straight
time hourly rate of pay.
4.2.1 Call Back —The Employee is considered to be on paid status upon being ordered back to
work (i.e. notification of a call out) and off paid status when leaving the police facility or other
Employer designated work site. In the case of pre -scheduled meetings, court appearances and
other scheduled events, paid status commences at the time scheduled for the event and ends
when the event is over but at no time less than the three (3) hour minimum as described later in
this Section.
Employees ordered to report back to duty after going home after their regular shift, or ordered to
report back to work on their day off, including time required to be spent in court, either as a
witness or in assistance on another officer's case, or in attendance at department meetings shall
be guaranteed three (3) hours at the rate of one and one-half (1.5) times the Employee's regular
straight time hourly rate of pay. In the event an Employee is not notified by 12:00 noon forty
eight (48) hours prior to a scheduled or subpoenaed Court appearance on a regularly scheduled
day off that such an appearance is not necessary, the Employee shall be guaranteed two and one-
half (2.5) hours at the Employee's regular straight time hourly rate of pay. If the employee is
assigned to graveyard, and the Court appearance is scheduled during their work week, they will
be notified before the end of their shift prior to the Court appearance.
Employees ordered to report back to work on a prescheduled day off (Kelly day, compensatory
time, holiday time, or vacation day) shall be provided additional compensation of straight time
compensatory time or straight time overtime equivalent to 50% of the hours worked on that day.
As an example, an employee has a prescheduled 12 hour vacation day and gets called in to work.
The employee works 6 hours. The employee would utilize 6 hours vacation time on that day, and
would be paid 6 hours regular time, plus would receive an additional 3 hours straight time comp
time or straight time paid time for being called in.
4.2.2 All approved overtime shall be compensated in increments of fifteen (15) minutes with the
major portion of fifteen (15) minutes being paid as fifteen (15) minutes.
4.2.3 However, if an employee is on vacation, and regardless of the shift needing to be
covered, and absent being called back to duty involuntarily, no overtime shall be earned. If an
employee choses to voluntarily cover a shift during previously scheduled vacation, those hours
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worked will be credited back to that employee's vacation hour bank. Should the employee
voluntarily work an overtime shift that falls on what would be a regularly scheduled day off,
even if in-between scheduled vacation days, then the employee will be compensated in
accordance with section 4.2.
4.3 Shift Bid - The policy of bidding for shift assignments on a seniority basis by rank shall be
recognized, provided seniority may be disregarded for good cause by the Employer.
Shift bids for the following year open on or about September 1 and close on or about October 1
and shall be open for thirty (30) days.
Sergeants and Corporals will bid for 0600-1800 and 1800-0600 shift hours. Officers will bid for
0600-1800 and 1800-0600 shift hours. In addition, officers may also bid for 0700-1900 and
1900-0700, with two officer slots from each of the four (4) patrol squads being dedicated to these
hours. The overlap employees shall count as minimum staffing for the shift immediately
preceding the start of the 0700 and 1900 shifts. Should less than two officers per squad bid for
the 0700 -1900 and 1900 -0700 shift, the shifts will be filled by virtue of reverse seniority (least
senior officers).The implementation of the 0700-1900 and 1900-0700 shifts will be for an initial
trial period of six (6) months, beginning October 1, 2017, after which the City or the Association
can elect to discontinue the shift, or with mutual agreement, further modify the shift for an
additional six (6) month trial period. If neither party does so, the shift will become permanent.
Employees shall be notified of the result of the bid on or about October 15. For the purpose of
this Section "on or about" shall mean not to exceed three (3) days. Bid results may be subject to
change due to events such as promotion, specialty assignment rotation, resignation or other good
cause.
Any Employer initiated change to an Employee's previously assigned bid shift will require
fourteen (14) day prior notification to the Employee. Any change to an Employee's previously
assigned bid shift with less than fourteen -day (14) notice will result in the Employee receiving
compensation at the rate of one and one-half (1.5) times the Employee's regular straight time
hourly rate of pay from the date of the change through the fourteenth (14th) day. The fourteen
(14) day notification and the one and one half (1.5) times regular straight time hourly rate of pay
requirement may be waived by the Association on behalf of the Employee. The fourteen (14)
day notification request will not apply in the case of a bona -fide emergency or other good cause.
4.3.1 There will normally be only one Corporal assigned per patrol shift, and shift bidding will
be by seniority. If, however, there are more Corporals assigned to the Patrol Division than there
are shifts, the "extra" Corporal shall bid for shift based on seniority.
4.4 Training
4.4.1 Required Training — Required training done on a regular duty day shall be done on a
basis of shift adjustment whenever possible. Off -duty required training shall be paid with
compensatory time -off at the time and one-half (1.5) rate, subject to Article IV.
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4.4.2 Non -Required Training — Shall be allowed at the sole discretion of the Employer. Any
time accrued in furtherance of non -required training shall be paid at the straight -time
hourly rate of pay, but with the concurrence of both the Employer and Employee, it may
be accrued at the hourly rate with compensatory time -off on an hour -for -hour basis,
subject to Article IV.
4.4.3 Training While On -Duty - If scheduled training occurs while on duty and consists of
eight (8) hours or more; the hours of training shall constitute an entire workday,
regardless of the Employee's hours of duty.
While attending training on duty and the hours of instruction are less than eight (8) hours
due to circumstances such as the instructor releasing the class early from training, the
Employee has the option of returning to work or using leave time of their choice to fulfill
their training obligations.
Scenarios:
Employee attends training that is scheduled for eight (8) hours or more. The training ends early,
after seven (7) hours. The Employee must use "leave time" of their choice to complete an eight
(8) hour period.
An Employee attends training that is scheduled for less than eight (8) hours. The Employee shall
return to duty to complete their obligated shift hours of duty.
4.5 The utilization of any compensatory time accrued shall be at the Employee's option; provided,
however, that the scheduling of holiday time accrued pursuant to Article VII and the
compensatory time off under this Article shall create no undue hardship to the Employer nor
shall it interfere with previously scheduled vacations An undue hardship is defined as the City
being required to pay more than one employee overtime to allow for time off to be granted and
still maintain minimum staffing levels.
4.5.1 Requests to schedule compensatory or holiday time shall be made not less than fourteen
(14) days in advance of the requested date, provided, however, that compensatory time may be
scheduled with less than fourteen -day (14) notice only when the request would not require the
Employer to call another Employee to work in order to meet minimum staffing requirements,
provided further that an Employee requesting compensatory time with less than fourteen -day
(14) notice shall be allowed the time off if the Employee arranges for a volunteer replacement.
Whether the substitute Employee works at the request of the Employer or at the request of
another Employee, overtime will be paid. Accumulation of compensatory time shall be limited to
a maximum accrual of eighty 1801,six(60),hours at any one timeiAny hours accrued in excess
of the maximum shall be paid to the Employee at the next regularly scheduled pay period.
Officer's whose compensatory time banks are in excess of sixtyy(60) hours at the time this
agreement ,goes into effect, shall have the option of utilizing those hours or havinge the excess
hours paid out in order to bring the bank to the sixty 60) hour limit by Deeember-November
30-31, 2017.
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4.5.2 Probationary employees may accrue compensatory time pursuant to terms of this
agreement, provided however such accrued compensatory time may only be utilized when the
employee is no longer in probationary status_
4.5.3 The following formula shall address "minimum staffing" as it relates to Employees'
ability to be approved for time off.
Between 0600 and 1800 hours, a Supervisor plus )four 4 Officers [(total of €eU-4five
Between 1800 and 0600 hours, a Supervisor plus four (4) Officers 1(total of five_(-5)j,.
Officers assigned to the following specialty units shall be included in minimum staffing as
follows:
Traffic (Motorcyle) — Dayshift minimum staffing
Traffic (Nighttime traffic car)— Graveyard minimum staffing
K9 — Graveyard minimum staffing
Street Crimes Unit — Shall not be routinely considered as part of minimum staffing. However,
should circumstances arise that are non -routine (e.g. large scale event, patrol officers scheduled
for partial day training such as range, annual in-service training) the Street Crimes Unit will
assist the on -duty —patrol squad with routine calls until such time as the event has subsided.
For the purposes of minimum staffing, vacation, compensatory, holiday, Kelly and trainingtime
ime
that has already been awarded at the time of ratification will stand and minimum staffing shall be
a supervisor plus fewthree- (3) for dayshift and a supervisor plus four (4) for graveyard.
Subsequent to ratification, requests for time off shall be subject to the provision of this newly
ratified section 4.5.3, minimum staffing shall consist of a supervisor plus four (4) for both day
and graveyard shifts.
In an effort for consistency the following shall apply for implementing time off requests:
o Employees shall contact their shift Supervisor if available. In the event that their shift
Supervisor is not available then the Employee would contact the "on -duty" shift
Supervisor.
o On -duty Supervisor will check the payroll sheet and determine if staffing minimums
allow for the time off request to be approved.
o If approved, the on -duty Supervisor shall document the time off request on the Payroll
sheet and Turn -over sheet.
o In addition, the on -duty Supervisor shall send an e-mail to "all" Sergeants and
Corporals to provide for proper communication of the staffing change.
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It will be the responsibility of the Employee to provide as much notification as possible.
Requests submitted less than eight (8)1% elve (12) hours prior to the start of a shift, may be
denied by a Supervisor.
While actually at work an Employee will be granted requested time off during that shift if
minimum staffing levels are met as described above and there are no critical incidents that would
require additional staffing at that time.
Staffing minimums shall be increased during July 41h and the Taste of Edmonds by one (1)
officer, without requiring any overtime coverage to meet those minimums.
4.6 In order to emulate an average of 2080 hours worked on an annual basis, Employees assigned to
any given number of shift hour patrol schedules, will receive the appropriate number of "Kelly"
days per year. It is the understanding of the parties that the contract work schedules are FLSA
compliant. The term "Kelly" days or time is used for convenience and is not an indication that
adjustments are required within the work period to avoid FLSA overtime thresholds. "Kelly"
days will be accrued in a bank of hours.
o Shifts of twelve (12) hour duration receive twelve (12) "Kelly" days totaling a bank of
one hundred forty four (144) hours in the bank.
a) Forty eight (48) hours per trimester will be credited to the bank.
b) On a pro rata basis this will equate to twelve (12) hours per month.
c) Employees shall use th; twenty-four (3-24) hours per trimester or shall be
subject to forfeit those hours not used.
d) Twelve Twenty-four (4-224) hours may be carried over each trimester.
e) Effective January 1, 2018, Letup to t' iAy si* ty-two (3672) hours may be
cashed out annually.
OEach year, on or before June 301h, employees may cash out up to thirty-six (36) hours of unused
and unscheduled "Kelly" hours. On or before October 30, 2017, employees may cash out an
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additional thirty-six (36) hours of unused and unscheduled "Kelly" hours. T of eaeh
" These
) hours shall be repurchased by the Employer at the Employee's regular straight time hourly rate
of pay. This repurchase will be in the form of a separate check, separate from the Holiday
repurchase, and not direct deposit. Employees are responsible for monitoring their "Kelly"
hour balances and planning use of "Kelly" hours to avoid "use it or lose it" scenarios. Any
hours in excess of thiAy si*twent-fpur (324) shall be scheduled by the Employee prior to
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October 31 of each calendar year.
ARTICLE V. PROBATIONARY PERIODS, SENIORITY
5.1 Probationary periods upon initial appointment shall not exceed one (1) year beyond graduation
from the Basic Law Enforcement Academy except as provided in Section 10.5 of the Civil
Service Rules and Regulations. Probationary periods for lateral hires and those receiving
Promotions shall not exceed one (1) year except as provided in Section 10.5 of the Civil Service
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Commission Rules and Regulations. Any probationary period shall be extended automatically for
the number of work days equal to the number of work days an Employee was absent in excess of
ten (10) work days during the probationary period. In the event that the Employer requests the
Civil Service Commission to extend an Employee's probation period, the Association will
receive a copy of the notification provided to the Employee of said action.
5.2 "Seniority" as used in this Agreement shall accrue from an Employee's seniority date which
shall be the Employee's first date of eligibility with the fully commissioned law enforcement
employees bargaining unit, provided that Employees who return from layoff or period of
disability, as provided in the Civil Service Rules and Regulations, shall retain the seniority held
prior to the layoff or period of disability. In the event of promotion out of the bargaining unit, or
demotion or reversion back into the bargaining unit, the employee will retain their original
seniority held prior to leaving the bargaining unit.
5.2.1 In the event an Employee returns following a break in service, the Employee shall retain
the seniority the Employee had accrued prior to the break in service. A break in service occurs
when an Employee's employment relationship ends. No seniority shall accrue while an
individual is on a reemployment Civil Service list. Seniority includes time spent in any leave
status, including leaves without pay.
5.2.2 "Seniority by rank" as used in this Agreement shall accrue from the effective date of
promotion to the Employee's current rank.
5.3 The Employer shall provide the Association with a list of all current Employees of the
st
Bargaining Unit with their respective seniority dates on July 1 of each year and shall post a copy
of same on the Association bulletin board.
5.4 Preference in vacation scheduling and extra days off shall be administered in accordance with
seniority as provided in Section 8.2 below.
5.5 An Employee shall lose all seniority in the event of discharge or voluntary termination.
ARTICLE VI. WAGES
6.1 The classification of work and the corresponding rates of pay covered by this Agreement shall be
as set forth in APPENDIX "A" which by this reference shall be incorporated herein as if set
forth in full.
ARTICLE VIL HOLIDAYS
7.1 The following days shall be recognized holidays:
New Year's Day January 1
Martin Luther King Day Third Monday of January
Washington's Birthday Third Monday of February
Memorial Day Last Monday of May
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Independence Day July 4
Labor Day First Monday of September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday of November
Friday following Thanksgiving Day
Christmas Eve December 24
Christmas Day December 25
7.1.1 All Employees shall be paid for all such holidays regardless upon which day in the week
the holiday shall fall. Each day consists of ten (10) hours. This pay shall be in the form of a
holiday bank equal to one hundred aW—ten (110) hours. If any work is performed by such
Employee on such holiday, additional compensation at the overtime rate shall be paid, in
addition to the day off at a later date. If overtime is worked on a holiday, straight time comp time
equivalent to the number of overtime hours worked will also be given in addition to applicable
overtime. No Employee shall be called to work on such a holiday for less than a minimum call -
out time and rate. Employees scheduled to work Monday through Friday 8 hour days, Monday
through Thursday 10 hour days, or Tuesday through Friday 10 hour days shall observe holidays
which fall upon a Saturday on the proceeding scheduled Friday workday and any holidays which
fall upon a Sunday on the following scheduled Monday workday. If a holiday occurs during an
Employee's vacation, the Employee shall receive the holiday on a later mutually scheduled date.
7.2 Holidays shall be scheduled in accordance with the provisions of Section 4.5.1.
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7.3 On or before December 1 of each calendar year, all unused and unscheduled "Holiday" hours,
up to and including eighty eight (88) hours shall be repurchased by the Employer at the
Employee's regular straight time hourly rate of pay. This repurchase will be in the form of a
separate check, separate from the Kelly hours repurchase and not direct deposit. Employees are
responsible for monitoring their "Holiday" hour balances and planning use of "Holiday"
hours to avoid "use it or lose it" scenarios. Any hours in excess of eighty eight (88) shall be
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scheduled by the Employee prior to October 31 of each calendar year. Any scheduled but
remaining unused holiday hours still in the employee's bank on December 31 of each year shall
be forfeited without any additional compensation. However, if the employer requires an
employee to cancel a prescheduled holiday off during November or December, upon written
approval of the Division's Assistant Chief, the holiday may be carried over to be used within 60
days of the new calendar year.
ARTICLE VIII. VACATIONS
8.1 All regular full-time Employees shall receive vacation with full pay annually in accordance with
the following:
YEARS OF EMPLOYMENT HOURS OF VACATION
After First 6 months 48 hours
Second 6 months 40 hours additional
2 through 4 years 96 hours
5 through 10 years 136 hours
11 through 15 years 176 hours
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16 through 19 years 188 hours
20 through 24 years 200 hours
25 years and thereafter 216 hours
Note: All accrual days are based on an eight (8) hour day.
8.2 In order to make provisions for timely vacation schedules, all Employees shall bid for vacations.
Preference in bidding for vacation scheduling and extra days off shall be administered in
accordance with seniority, as defined in Section 5.2.
Employees who request a position transfer may be subject to losing their previously bid vacation.
Vacation bidding for January through December shall open on or about October 15 and close on
November 15 and shall be open for thirty (30) days.
The Assistant Chief of Police — Field Services shall award vacation bids for the patrol unit, the
traffic unit, and the K9 unit as a whole and pursuant to minimum staffing requirements (section
4.5.3). Notification will be provided on or about December 1. For the purpose of this Section,
"on or about" shall mean not to exceed three (3) days.
Pursuant to the December bidding process' and in an effort to account for officers who may be
scheduled for training, be sick or injured, and to allow for the utilization of Holiday,
Compensatory and Kelly hours, the number of officers awarded vacation shall not exceed that
which would result in staffing being less than minimum plus one (I)
Vacation requests made following the annual vacation bid approval will be on a first come first
served basis for the remainder of the bid year.
8.3 Should an Employee terminate employment, having completed no less than six (6) months
employment, the Employee shall receive pro rata vacation pay.
8.4 The maximum vacation leave carry-over from one calendar year to the next shall be limited to
two (2) years' worth of accumulated leave at the Employee's current accrual rate. An Employee
who has reached the maximum accrual level may continue to accrue vacation until December
st
31 , at which time any vacation accrued in addition to the maximum carry-over will be forfeited,
provided that the maximum accrual subject to cash -out upon separation shall be four hundred
and thirty two (432) hours, provided further that this limitation shall not apply when the
separation is caused by unanticipated events such as death, disability, illness, involuntary
discharge or similar circumstances. Employees are responsible for monitoring their vacation
balances and planning vacation to avoid "use it or lose it" scenarios. Where the Employee has
failed to appropriately manage their vacation balances, the Employer need not incur overtime to
avoid forfeiture.
8.5 In the event scheduling in Superior Court necessitates the appearance of an Employee during the
Employee's previously scheduled vacation time that Employee shall be offered the opportunity
of rescheduling vacation at a time mutually convenient to the Employee and the Employer as
determined by the Chief of Police. Once vacation has been approved and the affected Employee
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has incurred non-refundable or unusable expenses in planning for the same, the Employee shall
be reimbursed by the City for those expenses. Upon request, the Employee shall assign any
tickets or other benefits to the City for which reimbursement is made. Any Employee called back
to duty for any reason once the vacation has begun shall be reimbursed for round trip
transportation costs involved in returning for duty. Reimbursement for travel shall be made on
the same basis as the original mode of transportation. If applicable, mileage shall be paid at the
approved IRS rate. For the purposes of this Section "vacation" shall include leave of absence,
bereavement leave or compensatory time off, including regularly scheduled days off,
immediately preceding or following any of the aforementioned time off.
ARTICLE IX. LEAVES
9.1 Sick Leave — All LEOFF II Employees shall receive sick leave accruals under Section 9.1.6,
including a one thousand (1,000) hour maximum accrual, accrued at the rate of nine (9) hours
per month. Sick leave accrued but not taken from one (1) hour to four hundred (400) hours
shall be converted to pay at the Employee's regular rate of pay in effect at the date of termination
and on the basis of the following schedule:
With two (2) week notice - Honorable voluntary quit - 25% of hours accrued.
Termination by City layoff - 25% of hours accrued.
Termination for Retirement - 50% of hours accrued.
Sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800)
hours shall be converted to pay, upon honorable termination of any nature, for fifty percent
(50%) of hours accrued at the Employee's regular rate of pay in effect at the date of termination.
At the Employee's option, sick leave accrued but not taken from four hundred one (401) hours
to eight hundred (800) hours may be converted to vacation time, on the basis of one (1) hour for
every two (2) hours accrued or fifty percent (50%), to be used prior to the Employee's
termination date. Hours accrued from eight hundred one (801) hours to one thousand (1,000)
hours are not eligible for compensation or conversion.
After the employee exceeds 900 hours they have the ability to convert the hours (back to a
minimum of 900 hours) at a ratio of one (1) hour for every two (2) hours accrued or fifty percent
(50%). The maximum sick hours an employee can sell back is 48 hours, which will convert to 24
hours of vacation. The conversion will occur at the second paycheck in January. The converted
hours will be added to the employee's vacation bank. For example an employee at 1000 hours
could sell back 48 hours and place 24 hours into their vacation bank.
Employees who terminate based on a disability may elect to either receive one hundred percent
(100%) of the unused sick leave balance or remain in a paid status until the sick leave is
exhausted.
For the purposes of this section 9.1, retirement, in addition to its usual meaning, shall include
those employees with twenty (20) or more years' service credit within the LEOFF II system who
choose to end employment with the City on a voluntary, honorable basis, even though the
Employee has not yet attained regular retirement age, as defined by LEOFF.
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9.1.1 Accrued sick leave may be used only for:
(a) The Employee's own illness, injury or disability (including disability due to
pregnancy or childbirth);
(b) The need to care for a child under eighteen (18) years of age (or an adult child
incapable of self -care) with a health condition requiring treatment or supervision;
(c) The need to care for the Employee's spouse or domestic partner, parent, parent in-law
or grandparent with a serious health condition or emergency condition;
(d) Medical or dental appointments for the Employee or a dependent child; Employees
must make reasonable efforts to schedule such appointments at times when they will not
interfere with scheduled work days and;
(e) Other circumstances if authorized by the Chief of Police.
At their election, Employees may use other accrued paid leave in place of or in addition
to sick leave for any of the purposes described above.
9.1.2 Item (e) shall be subject to prior approval of the Chief of Police and shall be granted for
the period of time required to meet the emergent situation considering all the
circumstances such as distances involved, degree or kinship, etc.
9.1.3 The certificate of a doctor and/or written report concerning the need for the sick leave
may be required by the Employer when an Employee is absent for a period in excess of
four (4) days or based upon an individualized suspicion of sick leave abuse and, if so
required, shall be supplied by the Employee in order to qualify for sick leave with pay.
9.1.4 Sick leave may be used for medical, dental, or ocular appointments, when absence during
working hours for this purpose is authorized in advance by the Employee's supervisor,
provided that the Employee must make a reasonable effort to schedule such appointments
at times which have the least interference with the workday.
9.1.5 In the event of death of the Employee, payment for all unused sick leave up to one
thousand ( 1000 ) hours shall be made to the surviving spouse or domestic partner or to
the employee's estate if there is no spouse, at the Employee's regular straight time hourly
rate of pay.
9.1.6 All Employees hired will accrue sick leave at the rate of nine (9) hours per month
commencing with the date of hire. In the event of significant job related injury or illness
to the Employee which is approved as a claim by Washington State Labor and Industries
(L & I), the Employee may at the Employee's option be placed on sick leave, and accrued
sick leave (or if insufficient sick leave, then other paid leave) shall be utilized. In turn, the
Employee shall sign over all payments received from L & I that relate to time loss from
the Employer. The Employer will provide a sick leave supplement / "buy-back" for the
affected Employee pursuant to RCW Title 41 LEOFF Supplement and pursuant to the
buy-back worksheet incorporated herein as Appendix D.
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9.2 Jury Leave — Necessary leave shall be allowed by the Employer to permit any Employee to
report for jury duty or to serve as a member of a jury. The Employee shall receive from the
Employer as compensation during this leave period regular salary. The Employee shall sign over
to the Employer compensation received from the Courts for jury duty and remain on full paid
status.
9.3 Bereavement Leave — In the event of a death in the "immediate family" of an Employee, the
Department Head shall upon request grant the Employee bereavement leave with pay. The
maximum number of workdays granted shall be three (3); provided however, in the event of
unusual circumstances or if travel is required to attend a funeral, additional time not to exceed
three (3) days may be granted. Such additional leave shall be deducted from the Employee's sick
leave account. The term "immediate family" shall include:
o Spouse or domestic partner and children, including step children of the Employee;
o Mother, Father, Brother, Sister of the Employee or spouse;
o Grandparents of the Employee or spouse;
o Grandchildren
9.4 Leaves of Absence — If approved by the Employer, non -probationary (permanent) Employees
may take up to six (6) months leave of absence without pay. Such leaves shall not constitute a
break in service but no benefits shall accrue during the leave of absence. See guidance in section
5.1 regarding Break in Service and Seniority.
9.5 Sick Leave Incentive Bonus — Unless otherwise specified in the labor agreement, Employees
who maintain a good attendance record shall be eligible for the following Sick Leave Incentive
Plan;
Days of Sick Leave Used during the Year Hours of Vacation Leave Earned
0 24
1 16
2 8
3 or more 0
This Sick Leave Incentive Plan excludes sick leave used for on duty injury involving an
approved L & I claim against the City or leave taken pursuant to Family Medical Leave Act
(FMLA). The hours earned and used will be pro -rated to the nearest full hour. For the purposes
of this section, day is defined as a work day under the Employee's present work schedule.
9.6 Light -Duty — In the event a LEOFF II Employee suffers an illness or injury that prevents the
Employee from performing their full range of duties for a period in excess of two (2) weeks,
light -duty shall be assigned as authorized by the treating doctor pursuant to the terms outlined in
Article 9.6.3.
9.6.1 Work Assignments — Light -duty status shall include work assignments within the Police
Department that the Employee is released to perform by the Employee's treating doctor until a
full release for return to work is authorized.
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9.6.2 Rate of Pay/Reguired Duty — Employees assigned light -duty status shall be paid
at one hundred percent (100%) of their normal rate of pay. Employees shall work a forty
(40) hour workweek schedule as determined by the Employer. Employees may work less
than 40 hours per week (including partial days) if so ordered by the treating doctor. A
forty (40) hour or less schedule includes changes to benefit calculations such as Kelly Hours.
9.6.3 Duration — A LEOFF II Employee with a favorable prognosis for return to full
duty by the treating doctor will be assigned light -duty for a maximum period of three
hundred thirty six (336) hours unless the Employee is earlier able to resume a full range
of duties. The three hundred thirty six (336) hour period includes both full days and
partial days on a prorated basis when required by the treating doctor. Such period may be
extended upon mutual written agreement of the Employer and the Association on behalf
of the Employee when the medical prognosis of the Employee being able to return to full
Employment within a reasonable period of time is received by the Employer.
9.6.4 Medical Reinstatement List & Effective Life of List - Names on Civil Service
Commission's (CSC) Medical Reinstatement List for a class of Employee shall be in
order of separation to be established by the Commission. Names of Employees on the
Medical Reinstatement List shall be carried two (2) years from the Employee's last date
of employment.
ARTICLE X. INSURANCE
10.1 Coverage — The Employer shall make available to eligible regular full time Employees and their
eligible spouses and dependents, an insurance program that includes medical, dental, vision
insurance and employee assistance plan (EAP) benefit. For the purposes of this article, spouse
also includes "registered domestic partner" as defined under Washington state law. This
insurance program includes the following:
Medical Insurance - Employee shall choose between the Medical insurance plans offered by the
City of Edmonds in accordance with the provisions of this Agreement.
Dental Insurance - Dental insurance is provided through the AWC Washington Dental Service
Plan F with Option III (Orthodontia).
Vision Insurance - Vision insurance is provided through AWC Vision Service Plan ($10.00
deductible).
EAP Plan - The Employee Assistance Program is provided through UHC.
10.2 The Employer shall pay the costs necessary to provide health, vision, life, dental and disability
insurance plans specified in this agreement for all employees in the bargaining unit. The
selection of a different/new provider shall be at the sole discretion of the Employer, provided that
the benefit levels shall be substantially the same as those benefit levels in effect as of the signing
of this agreement. In the event that the Employer receives notice of the termination of any plan
specified in this agreement, the Employer will promptly notify the Association and the parties
shall commence negotiation regarding replacement coverage and cost.
10.3 The Employer shall pay one hundred percent (100%) of those premiums necessary to maintain
the existing level of hospital and medical care, dental care, orthodontic care, vision care, life and
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disability insurance coverage for each Employee. The Employer shall pay ninety percent (90%)
of those premiums necessary to maintain the existing level of hospital, medical care, dental care,
and orthodontic care insurance coverage for each Employee's Dependents.
10.3.1 The Employer shall pay ninety percent (90%) of those premiums necessary to maintain
the existing level of vision care insurance coverage for each Employee who requires Dependent
coverage.
10.3.2 Dependent Health Insurance Coverage Opt -out — In recognition that employees may have
dual medical insurance coverage that is provided through the employee's spouse's employer,
which may cover the spouse and/or dependents, the City is offering a dependent medical
insurance coverage Opt -out program. Should an employee opt to remove a spouse and/or
dependents from the City's insurance plan, the employee will be entitled to 50% of the costs
from the City's portion of the insurance premiums associated with the spouse and/or dependent
coverage. This benefit will be implemented in compliance with state and federal law.
Should the employee elect to Opt -out, the amount equal to 50% of the City's premium costs shall
be placed into the employee's Deferred Compensation account. Insurance Opt -out may occur on
an annual basis duringtregular open enrollment period for medical insurance.
10.4 Liabili — The Employer shall pay one hundred percent (100%) of those premiums necessary to
provide liability insurance for each Employee. The Employer shall provide legal counsel or
reasonable attorney's fees for representation and defense of lawsuits and to hold Employees
harmless from any expenses connected with the defense, settlement or monetary judgments from
such actions, claims, or proceedings arising out of or incident to acts and/or omissions occurring
while the Employee was acting in good faith in the performance or purported failure of
performance of official duties or employment and provided further that the Employee was not
engaging in criminal or malicious misconduct. A criminal conviction shall be deemed conclusive
but not exclusive proof of criminal misconduct for the purposes of this section. If the City elects
to pay reasonable attorney's fees hereunder, no claim for such payment may be made by an
Employee prior to the conclusion of a criminal lawsuit.
10.5 If it is permissible under the Employer provided hospital and medical care insurance plan,
Employees shall have the option to divert Dependent coverage applicable to that Employee to the
Employee's own private health plan.
10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS
The City cannot assume responsibility for any theft or damage to the personal belongings of City
employees, unless otherwise agreed in a Collective Bargaining Agreement. Therefore, the City requests
that employees avoid bringing valuable personal articles to work. Employees are responsible for
ensuring that their personal belongings are secure while at work. Employees should have no expectation
of privacy as to any items or information generated/stored on City owned servers, desktop computers,
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laptops, tablets, flash drives, portable hard drives mobile phones, or other City owned IT
devices. Employees are advised that work -related searches of an employee's work area, workspace,
desk, City provided locker, computer and electronic mail on the City's property may be conducted
without notice.
Use of Personal Electronic Devices for City Business: City employees are strongly discouraged from
using their own personal electronic devices to conduct City business. This includes, but is not limited to:
desktop computers, laptops, tablets, flash drives, portable hard drives and mobile phones. Should an
employee use a personal device to conduct City business, the employee will be required to produce the
appropriate records to respond appropriately, t�quests under the Public Records Act, RCW 42.56.
City information, records, data, emails, reports or any other writings pertainingty business should
not be stored on personal devices. All records must reside on the City network. Employees who are
unclear on this policy language should consult with the Public Disclosure and Records Management
Specialist.
10.7 ELECTRONIC AND TELEPHONIC COMMUNICATIONS OUTSIDE OF REGULARLY
SCHEDULED WORK HOURS
Non -supervisory employees are not expected to access City e-mails accounts or City voice mail
accounts outside of their regularly scheduled hours of work.
This policy does not apply to the police department employees following department policy, to
emergency situations, employees on call back, call out and stand-by or when the employee's supervisor
has directed the employee to monitor e-mail or voice mail.
Please see Appendix A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines
on use of City computers.
ARTICLE XI. UNIFORMS AND EQUIPMENT
11.1 The Employer shall provide the following uniform items to new Employees and replace any of
the following uniform items of any Employee which in the reasonable opinion of the Employer
require replacement, subject to the language of Section 11.3:
o Name Tags: One metal, requisite number of sewn on cloth name tags depending on
types/numbers of uniforms selected by Employee;
o Shirts: Up to three long sleeve and three short sleeve;
o Trousers: Up to three pair;
o Trouser Belt: One;
o Jumpsuits: Up to two, with the understanding that each jumpsuit purchased by the
Employer will be in lieu of the following three items collectively: one short sleeve shirt,
one long sleeve shirt and one pair of trousers;
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o Hat: One;
o Baseball Cap: One provided upon employee's request;
o Knit Watch Cap: One provided upon employee's request;
o Turtlenecks: One provided upon employee's request;
o Ties: One for Employee opting for Employer provided jumpsuit, two for other
Employees;
o Tie Bar: One;
o Buttons: One set;
o Department Insignia: One pair;
o Shoulder Patches: Number dependent upon types/numbers of uniforms selected by
Employee;
o Badges: Two(one each for hat and uniform);
o Shoes or boots: One pair;
o Collapsible or Wooden Baton with Holder: One(designated by Employer);
o Gortex Jacket: One;
o Gortex Pants: One;
Additional items for K-9 Officers:
o Jumpsuits- three (3);
o Boots 2 pair;
o Cap 1;
o Insulated vest (K-9 only) 1;
Additional items for Motorcycle Officers:
o Helmets- two (2);
o Boots 2 pair consisting of one pair leather boots and one pair all-weather boots;
o Leather Jacket 1;
o Rain Suit (Jacket, pants, boots) 1;
o Cap 1;
o Breeches 3;
o Insulated Pants 1;
o Scarves (Blue or White) 2;
o Gloves (light and medium weight) 1 pair each;
o Safety Glasses (dark and clear) 1 pair each;
o Jumpsuit 1;
o Ear Plugs 1;
Additional items for Street Crimes Officers:
Subdued uniform items consisting of;
o Pants 2 pair
o Shirts 3
o Jacket 1
o Chain badge holder 1
The Employer is responsible for procurement of new jumpsuits. Any jumpsuits previously
purchased by an Employee at the Employee's expense will be owned by the Employee, not
subject to reimbursement by the Employer. However, an Employee may utilize the City
contracted dry cleaning services for a privately owned jumpsuit.
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It is understood, and agreed to by the parties, that each Employee shall maintain a minimum of
one (1) Class A (long sleeve) Uniform as part of his/her issued uniform items.
11.2 The Employer shall provide each "Detective and Administrative assigned Employee" a
clothing allowance in the amount of seven nine hundred dollars ($700900.00) per calendar
year. This amount shall cover the purchase of clothing. Employees who are initially assigned to
plain clothes duty during the year shall be paid the full annual amount at the start of the
assignment. An Employee receiving the full annual amount "up -front" will not be eligible to
receive any further clothing allowance until completion of the first year of assignment. If an
employee elects to leave the assignment within the first year the employee shall repay the
clothing allowance on a pro rata basis at the time of reassignment. Professional/Plain clothes
Employees are subject to the provisions of Section 11.2.1, 11.5 and 11.6 below. All payments
will be a separate check or direct deposit.
11.2.1 In an effort to clarify garments covered by this Section, only items used during
employment will be covered. Dry Cleaning/Laundry Service will be provided based on a weekly
average as follows: e.g.
o Four (4) items Dry Cleaned or;
o Two (2) items Dry Cleaned and four (4) items Laundered
11.3 Employees shall be furnished the required weapon, handcuffs, leather goods and other equipment
authorized and required. Employees may choose to furnish their own weapon provided it meets
the requirements of the Department and the Employer has no responsibility for replacement or
repairs in the event of loss or damage.
11.4 The Employer shall provide contract dry cleaning service at no cost to Employees for the
cleaning care and maintenance of uniform items listed above. Each uniformed Employee shall be
allowed to have two sets of shirts and trousers cleaned per work period. Additional cleaning and
maintenance for uniform items shall be as authorized by the Employer.
11.4.1 Employee's assigned to plain clothes assignments that receive clothing allowances under
Section 11.2 may have uniforms (not to exceed two sets per work period) cleaned following City
sponsored/assigned details that required the use of a uniform.
11.5 The Employee shall be held accountable for all uniform items and all other equipment so
assigned to the Employee by the Employer. Loss or destruction of items of clothing or protective
devices shall be replaced by the Employer where said loss was incurred as direct result of the
performance of the Employee while on the job, or as the result of an occurrence not due to the
Employee's wrongful act or willful negligence. Any uniform items or equipment assigned to an
Employee which is lost or mutilated or requires replacement as a direct result of the Employee's
wrongful act or willful negligence shall be replaced at the Employee's expense from a supplier
designated by the Employer.
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11.6 All uniform items and equipment issued by the Employer to each Employee shall be the property
of the Employer.
11.7 No clothing allowance that remains in effect shall accrue during any period in excess of thirty
(30) days in which the Employee is on approved disability, and if previously paid it shall be
refunded by the Employee through payroll deduction on a pro rata basis.
ARTICLE XII. MISCELLANEOUS
12.1 Driver's License Checks — While operating City of Edmonds vehicles, all Employees must
have a valid Washington State Driver's License in their possession at all times. This is required
for compliance with state law and is also required by the City's insurance carrier. No less
frequently than on an annual basis, the City will enter the Employee's Washington State Driver's
License number into the publicly accessed Washington State Department of Licensing webpage
to check driver license status.
12.1.1: Employees who operate City of Edmonds vehicles shall immediately notify their
respective Assistant Chief through proper chain of command any time the employee's drivers
license for any reason becomes suspended, revoked or is in any way not valid or current.
Employees shall not resume operation of any City vehicle until a valid, current drivers license is
presented to their respective Assistant Chief.
12.2 Auto Vehicle Locator (AVL) - When the Edmonds Police Department begins using AVL
technology in its vehicles which are operated by Edmonds Police Department employees, the
City agrees that it will not review and use AVL data with the intent of generating any complaints
or internal investigations against an Edmonds Police Department employee. AVL data may be
used as corroborating evidence to prove or disprove allegations of misconduct made against an
Edmonds Police Department employee. The City shall not rely solely on AVL data to sustain
any allegation. Corroborating evidence is evidence which strengthens, adds to or confirms
already existing evidence. AVL data shall not be used to monitor or evaluate an Edmonds Police
Department employee's performance without precipitating cause. AVL data will be used to
enhance officer safety and efficiency and is not intended to replace effective first -level
supervisory practices, including knowledge of subordinates' activities on shift. AVL data shall
not be used solely as a personnel management tool.
12.2.1: In the case of Edmonds Police Department employees having assigned take home
vehicles, the City shall comply with RCW 42.56.250 and must redact all identifiable information
from a records request for AVL data that would disclose a member's residential location and/or
address.
12.3 Narcotics Detective Selection - Employees seeking assignment as a Narcotics Detective with
the South Snohomish County Narcotics Task Force or any successor organizational Unit or Task
Force shall have a credit check performed by the Employer subsequent to the final selection but
prior to such assignment. The purpose of the credit check is to review any outstanding
debt/creditors that may place the Employee in the position of being unduly influenced or
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intimidated. In performing such check, the Employer will specifically seek information on
indebtedness outside of usual, customary and timely paid obligations ( usual and customary
include mortgage, auto loans, credit cards).
12.3.1: Should the Employee dispute any information of concern on the credit report, the
Employee may contest this information within ten business days from the date of any
questionable credit report information that was presented to the Employee by the Employer.
12.3.2: Following review of the credit report by the Employer, the report will be given to the
Employee for retention or destruction. The report will not serve as the basis for further
investigation, nor will the information therein be used as a basis for disciplinary action. No
copies of the Employee's credit report shall be retained by the City, South Snohomish County
Narcotics Task Force or any succeeding Multijurisdictional Unit or Task Force. Should the
Employee not be desirous of having the Employer conduct a credit check, the Employee will be
allowed to withdraw from the selection process without prejudice.
12.4 Bill of Rights — Employees covered by this Agreement shall be entitled to those Rights specified
in the attached Officers Bill of Rights, APPENDIX "B", which by this reference is incorporated
herein as if set forth in full.
12.5 Management Rights — The Association recognizes the prerogative of the Employer to operate
and manage its affairs in all respects in accordance with its responsibilities and the powers and
authority which the Employer possesses.
12.5.1 The Association recognizes the exclusive right of the Employer to establish reasonable
work rules. Provided, that nothing in this Section shall be construed as a waiver of any Rights the
Association may have pursuant to RCW 41.56.
12.5.2 The Employer has the Right to schedule overtime work as required in a manner most
advantageous to the Employer and consistent with the requirements of municipal employment
and the public interest and to require pre -approval for any overtime worked when possible.
12.5.3 Every incidental duty connected with operations enumerated in job descriptions is not
always specifically described. Nevertheless, it is intended that all such duties shall be performed
by the Employee.
12.5.4 The Employer reserves the Right to discipline or discharge for cause. The Employer
reserves the Right to lay-off for lack of work or funds or the occurrence of conditions beyond the
control of the Employer or where such continuation of work would be wasteful and
unproductive. The Employer shall have the Right to determine reasonable schedules of work,
work standards and to establish the methods and processes by which such work is performed.
12.5.5 The Employer retains the Right to determine which work assignments may be assigned
take home vehicles except as currently being allowed which are K-9, SRO and Motorcycle
Employees. The use of a take home vehicle may be discontinued for good cause. No take home
vehicle will be assigned to any Employee who resides or subsequently moves beyond a radius of
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twenty (20) miles from the nearest City limits. All fees or tolls (ferry, parking etc.) associated
with a take home vehicle, other than approved business expenses are the responsibility of the
Employee.
Motorcycles that are allowed to be taken home shall be secured inside an adequate structure at
the Employees residence.
12.6 Definitions — "Days" when used in this contract shall refer to "calendar days" unless otherwise
specified.
12.7 The parties agree that the 2012 version of the City's Personnel Policies will apply to EPOA
membership, with the exception of the following sections: Section 10.6 Regarding Personal
Possessions and Electronic Communications; Section 10.14 regarding Substance Abuse; and
Appendix B regarding Drug and Alcohol Testing Policies and Procedures. These sections shall
remain unchanged from the 2002 version of the City's Personnel Policies as they apply to the
EPOA membership through the term of this Agreement.
12.7.1 City of Edmonds Personnel Policies 2002 version; Section 10.6 regarding Personal
Possessions and Electronic Communications; Section 10.14 regarding Substance Abuse and
Appendix B of the 2002 City of Edmonds Personnel Policies are incorporated herein by
reference, attached as APPENDIX "E" of this Agreement.
ARTICLE XIII. NO STRIKE PROVISION
13.1 Nothing contained in this Agreement shall permit or be construed to grant any Employee or
group of Employees the Right to strike or refuse to perform their prescribed duties.
13.2 During the life of this Agreement there shall be no strikes or refusal to perform official duties
and there shall be no lockout.
ARTICLE XIV. DISCHARGE OR SUSPENSION
14.1 Generally — The tenure of Employees covered by this Agreement shall be only during good
behavior and any such person may be removed or discharged, suspended without pay, demoted
or reduced in rank or deprived of vacation privileges or other special privileges for cause.
14.2 Physical Fitness — The Employer and the Association agree that satisfactory performance of
Police Department duties requires that Employees maintain physical fitness. Each Employee
shall maintain a level of physical fitness to adequately perform the essential functions of their
job.
ARTICLE XV. GRIEVANCE PROCEDURE
15.1 A Grievance shall be defined as an issue relating to the interpretation, application or violation of
any terms or provisions of this Agreement. An Employee may either "Grieve" discipline or
"Appeal" said discipline to the Civil Service Commission (CSC), provided that a Grievance
shall not be processed if any Employee has previously filed a Civil Service Appeal over the same
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matter and provided further, that the subsequent filing of a Civil Service Appeal shall operate to
withdraw a Grievance, previously filed over the same matter.
15.1.1 When an Employee has a Grievance it shall immediately be brought to the attention of the
immediate Supervisor and the Employee and Supervisor shall attempt to settle the Grievance.
If the Grievance cannot be settled, the Employee shall state the Grievance in writing and present
it to the Supervisor in accordance with the procedure set forth below.
15.1.2 An Employee and/or the Association may bring a Grievance at the appropriate step
o within thirty (30) days of the occurrence of an alleged Violation, or
o within thirty (30) days,
of when the Employee and/or Association, by reasonable diligence, should have known of the
occurrence of said Violation, provided that no remedy may be applied retroactively more than
sixty (60) days prior to the actual filing of the Grievance.
15.1.3 The immediate Supervisor shall make every effort to resolve the Grievance:
o within twenty (20) days.
Failure of the immediate Supervisor to resolve the Grievance:
o within the twenty (20) day period,
shall permit the Employee and/or Association the Right to submit a written demand:
o within twenty (20) days,
of the Supervisor's answer for resolution of the alleged Violation to the Chief of Police or
designee. The Chief or designee shall either schedule a meeting with the Association to discuss
the Grievance or respond to the Grievance:
o within twenty (20) days.
If a meeting is scheduled, the Chief or designee shall be granted:
o an additional twenty (20) days, from the date of the meeting to respond.
15.1.4 Failure of the Chief of Police to resolve the Grievance (involving only issues that have a
monetary penalty proposed), within the time lines outlined in Section 15.1.3, shall permit the
Employee and/or Association the Right to submit a written demand:
o within twenty (20) days,
of the Chief s answer for resolution of the alleged Violation to the Mayor or designee. The
Mayor or designee shall either schedule a meeting with the Association to discuss the Grievance
or respond to the Grievance:
o within twenty (20) days.
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If a meeting is scheduled, the Mayor or designee shall be granted:
o an additional twenty (20) days,
from the date of the meeting to respond.
15.1.5 If the Association is not satisfied with the City's response, it may submit a demand for
Arbitration to the Employer in writing within thirty (30) days.
15.1.6 The Employer and the Association shall immediately thereafter select an Arbitrator to
hear the dispute. If the Employer and the Association are not able to agree upon an Arbitrator
within ten (10) days, after receipt by the Employer of the written demand for arbitration, the
Association may request a list of seven (7) Arbitrators from the Federal Mediation and
Conciliation Service. After receipt of same, the parties shall alternately strike the names of the
Arbitrators until only one name remains who shall, upon hearing the dispute, render a decision
which shall be final and binding upon all parties. The party to strike first shall be determined by
a flip of a coin.
15.2 Nothing herein shall prevent an Employee from seeking assistance from the Association or the
Association from furnishing such assistance at any stage of the Grievance procedure.
15.3 The expenses of the Arbitrator and the cost of any Hearing Room shall be borne equally by the
parties. In all instances, attorney's fees shall be the responsibility of each individual party.
15.4 If either party fails to take the action required within the times provided herein, the party failing
to act shall forfeit its Right to further protest the Grievance, denial of the Grievance or interim
recommended solution provided that the time frames enumerated herein may be extended with
the mutual written agreement of the parties.
15.5 Matters within the Jurisdiction of the Civil Service Commission (CSC) shall not be subject to
this Grievance procedure unless they are covered by the specific terms and conditions of this
Agreement, provided nothing herein constitutes a waiver of the Association's Right to bargain
pursuant to RCW 41.56.
15.5.1 By mutual agreement between the Association representative and the Mayor's Office or
when that step is the lowest level at which a matter may be resolved, an Employee or the
Association may initiate a Grievance at the Chief s level.
ARTICLE XVI. SAVINGS CLAUSE
46.1 All provisions of this Agreement shall be complied with unless any of such provisions shall be
declared invalid or inoperative by a court of competent jurisdiction. In such event either party
may request re -negotiations of such invalid provisions for the purpose of adequate and lawful
replacement thereof, provided however, that such finding shall have no effect whatsoever on the
balance of this Agreement.
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ARTICLE XVII. DURATION
17.1 This Agreement shall be effective January 1, 20174, and shall remain in full force through
December 31, 20196.
ARTICLE XVIII. ENTIRE AGREEMENT
18.1 The parties agree that each has had full and unrestricted Right and opportunity to make, advance,
and discuss all matters properly within the province of collective bargaining. The above and
foregoing Agreement constitutes the full and complete Agreement of the parties and there are no
others, oral or written, except as contained herein. Each party for the term of this Agreement
specifically waives the Right to demand or to petition for changes herein or additions hereto.
CITY OF EDMONDS, WASHINGTON _EDMONDS POLICE OFFICERS
ASSOCIATION
KIM
David O. Earling, Mayor Ross Sutton, EPOA President
DATE:
ATTEST:
BY:
Scott Passey, City Clerk
DATE:
DATE:
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APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF EDMONDS, WASHINGTON
and the
EDMONDS POLICE OFFICERS' ASSOCIATION
(Representing the Law Enforcement Commissioned Employees)
THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF
EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS
POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association.
A.1 Effective January 1, 204-42017, the wage scale shall be increased across-the-board by
-23%.
The 2017 waize scale increase shall be retroactive to January 1. 2017. The Citv agrees
to a one-time only, non -precedent setting payment of retroactive pay of the applicable
2017 waize scale increase from January 1, 2017 through the date of retirement for the
two EPOA employees who retired between January 1, 2017 and the date of this
Agreement (David Honnen, retiring_4/30/17 and Linda Mack, retiring 7/15/17).
The position of Corporal will be paid at a step fixed at seven and one hal eight and
one-half percent (7-.58.5 %) above First Class Police Officer. The position of
Sergeant will be paid at a step fixed at fifteen seventeen percent (1517%) above First
Class Police Officer. Unless otherwise noted, all steps in Section A.1.1 shall be a one
year duration.
A.1.1 All Employees shall participate in Employer's payroll "direct deposit" program.
PAY GRADE CLASSIFICATION MONTHLY RATES OF PAY
STEP 1
STEP 2
00 — 06 Months
07 Months +
NE 9
Second Class Police Officer
$4�W5,284
$5,058473
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
N/A
0-6months
NE 11
First Class Police
$5,502954
$5,W6,150
$15- 86,404
$6,2V717
$63207,056
Officer
STEP 1
STEP 2
NE 12
POLICE CORPORAL
$6-,8467,409
$7,6569
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6.4.a
STEP 1
STEP 2
NE 13
POLICE SERGEANT
$7-,34M,039
$7188,256
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A.1.2 Effective January 1, 2018, the wage scale shall be increased across-the-board b
2.5%.
A.1.3 Effective January 1, 2019, the wage scale shall be increased across-the-board by 2.5%
A.2 Longevity Pay — An Employee shall receive in addition to their monthly rate of pay set aM
forth within Section A.1, monthly Longevity Pay in accordance with the following. 5
S
SENIORITY MONTHLY LONGEVITY PAY cc
After 5 years 3% of Employee's monthly rate of pay
After 10 years 5% of Employee's monthly rate of pay
After 15 years 7% of Employee's monthly rate of pay
After 20 years 9% of Employee's monthly rate of pay
A.3 Physical Fitness Pay — Any Second Class Police Officer who has completed the twelve
(12) month probation period, and any other Employee who fulfills the Physical Fitness
Standards set forth within APPENDIX "C" shall receive in addition to their monthly
rate of pay set forth within Section A.1, as further amended by Section A.12 and all
subsequent wage increases, a monthly Physical Fitness Pay equal to one and one-half
percent (1.5%) of the above referenced monthly rate of pay, provided the Chief of
Police has discretion to waive the testing requirements as he deems appropriate. With
the exception of injuries incurred while on -duty, any Officer who is unable to
participate in the annual Physical Fitness testing process for medical reasons exceeding
ninety (90) days duration beyond the last scheduled primary testing date will be deemed
ineligible to collect the Physical Fitness Pay for the next calendar year. Each Employee
injured while on duty is entitled to one year's compensation per individual injury with a
doctor's written waiver.
A.4 Education Pay — Any First Class Police Officer or Employee of a higher classification
shall receive in addition to their monthly rate of pay set forth within Section A.1, as
further amended by Section A.12 and all subsequent wage increases, monthly
Education Pay in accordance with the following:
JOB RELATED COLLEGE CREDITS MONTHLY EDUCATION PAY
AA degree or 90 credits 2% of Employee's monthly rate of pay
135 credits 4% of Employee's monthly rate of pay
BA degree 6% of Employee's monthly rate of pay
A.4.1 Job related college credits shall mean all credits accepted by a nationally
accredited college or university.
A.5 Specialty Assignments
A.5.1 Detective Assignment — Each Detective position, with the exception of the
Narcotics Sergeant (which is governed by a Inter local agreement), shall be on a five
(5) year rotation, except that the Chief of Police may extend any assignment, for up to
six (6) months, for good cause and based on department need. The Chief of Police may
designate one (1) Detective position for every two (2) assigned Detective positions,
excluding Detective Sergeants and the Narcotics Detective, as having an
"indeterminate rotation" period to provide for a core of experienced Detectives in
assignments such as Crimes Against Persons, Sexual Assault, Intelligence and/or
Computer crimes. After a minimum of five (5) years, the incumbents in the designated
positions will be reviewed annually for extension based on overall performance and
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department need criteria. The designated positions are not considered permane
assignments and are subject to rotation at the discretion of the Chief of Police at the end
of each annual review. In the absence of extenuating circumstances, or promotion,
candidates will be expected to serve a minimum of three (3) years in the assignment
before voluntarily leaving. At the conclusion of any full five (5) year rotation cycle, the aM
currently assigned Detective may re -apply for the position, with the understanding that 5
they will receive no special preference in the selection process. The Chief of Police will
make all Detective selections based upon the Employees applying for the position and
their attributes. The term attributes is to include consideration of the career
development needs of the individual and the organization. All Detective positions shall
be, at the origination and termination, for just cause. Termination for just cause may
occur at any time during the assignment. 0
If the currently assigned Detective in a five (5) year rotation position is selected, that
person will have a two (2) year full rotation cycle. Unless, the incumbent is the sole
applicant pursuant to the selection process, and whereby the Chief of Police desires to
reappoint the incumbent to the same position, said rotation cycle shall be five years in
duration.
An Employee who is regularly assigned duties as a Detective shall receive a four
percent (4.0%) pay incentive while so acting in such capacity. However, in recognition
of the use of an assigned Employer or governmental vehicle, any Detective assigned to
the South Snohomish County Narcotics Task Force or to the Joint Terrorism Task
Force shall receive a three percent (3%) pay incentive.
A.5.2 Motorcycle Assignment — Each Motorcycle position shall be on a five (5) year
rotation, except that the Chief of Police may extend any assignment, for up to six (6)
months, for good cause and based on department need. The Chief of Police may
designate a maximum of one (1) Motorcycle position for every two (2) assigned
Motorcycle positions to be classified as having an "indeterminate rotation" period to
provide for a Criminal Justice Training Commission (CJTC) certified or sanctioned
Motorcycle Instructor and/or Collision Reconstructionist. After a minimum of five (5)
years, the incumbent in the designated position will be reviewed annually for extension
based on overall performance and department need criteria. The designated position is
not considered a permanent assignment and is subject to rotation at the discretion of the
Chief of Police at the end of each annual review. In the absence of extenuating
circumstances, or promotion, candidates will be expected to serve a minimum of three
(3) years in the assignment before voluntarily leaving. At the conclusion of any full five
(5) year rotation cycle, the currently assigned Motorcycle Officer may re -apply for the
position, with the understanding that they will receive no special preference in the
selection process. The Chief of Police will make the selection based upon the
Employees applying for the position and their attributes. The term attributes is to
include consideration of the career development needs of the individual and the
organization. All Motorcycle positions shall be, at the origination and termination, for
just cause. Termination for just cause may occur at any time during the assignment.
If the currently assigned Motorcycle Officer in a five (5) year rotation position is
selected, that person will have a two (2) year full rotation cycle. Unless, the incumbent
is the sole applicant pursuant to the selection process, and whereby the Chief of Police
desires to reappoint the incumbent to the same position, said rotation cycle shall be five
years in duration.
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6.4.a
An Employee who is regularly assigned Motorcycle duties shall receive a three percent
(3.0%) pay incentive while so acting in such capacity. An Employee that is trained to
the level of Collision Reconstructionist will be considered a Traffic Detective and shall
receive four percent (4%) pay incentive while acting in such capacity. r,
A.5.3 Traffic Officer Car Assignment Each Traffic Officer assigned to a car
position shall be on a five (5) year rotation, except that the Chief of Police may extend
any assignment, for up to six (6) months, for good cause and based on the department
need. The Chief of Police may designate a maximum of one (1) Traffic Officer
position to be classified as having an "indeterminate rotation" period to provide for a
Collision Reconstructionist or Drug Recognition Expert (DRE). After a minimum of
five (5) years, the incumbent in the designated position will be reviewed annually for
extension based on overall performance and department need criteria. The designated
position is not considered a permanent assignment and is subject to rotation at the
discretion of the Chief of Police or designee at the end of each annual review. At the
conclusion of any full five (5) year rotation cycle, the currently assigned Traffic Officer
may re -apply for the position, with the understanding that they will receive no special
preference in the selection process. The Chief of Police will make the selection based
upon the Employees applying for the position and their attributes. The term attributes
is to include consideration of the career development needs of the individual and the
organization. All Traffic Officer positions shall be, at the origination and termination,
for just cause. Termination for just cause may occur at anytime during the assignment.
If the currently assigned Traffic Officer in a five (5) year rotation position is selected,
that person will have a two (2) year full rotation cycle. Unless, the incumbent is the
sole applicant pursuant to the selection process, and whereby the Chief of Police desires
to reappoint the incumbent to the same position, said rotation cycle shall be five years
in duration.
An Employee who is regularly assigned Traffic Officer duties shall receive a three
percent (3%) pay incentive while so acting in such capacity. An Employee that is
trained to the level of Collision Reconstructionist will be considered a Traffic Detective
and shall receive four percent (4%) pay incentive while acting in such capacity.
A.5.4 K-9 Officer Assignment - Each K-9 Officer position shall be on a five (5) year
rotation, except that the Chief of Police may extend any assignment to include the
length of the dogs working life, or for up to six (6) months for other good cause and
based on department need. In the absence of extenuating circumstances, or promotion,
candidates will be expected to serve a minimum of three (3) years in the assignment
before voluntarily leaving. At the conclusion of any full rotation cycle, the currently
assigned K-9 Officer may re -apply for the position, with the understanding that they
will receive no special preference in the selection process. The Chief of Police will
make the selection based upon the Employees applying for the position and their
attributes. The term attributes is to include consideration of the career development
needs of the individual and the organization. The K-9 Officer position shall be, at the
origination and termination, for just cause. Termination for just cause may occur at any
time during the assignment.
An Employee who is regularly assigned K-9 Officer duties shall receive a three percent
(3.0%) pay incentive while so acting in such capacity. The K-9 Officer shall also
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receive fifteen (15) hours compensatory time per calendar month, at straight time, whil
so acting in such capacity.
A.5.5 Any Employee who is regularly assigned as;
o Professional Standards Sergeant Assignment
o Administrative Sergeant Assignment
o Training Corporal Assignment
shall receive a four percent (4.0%) pay incentive while acting in such capacity. The
above noted positions shall be on a five (5) year rotation cycle under the same terms as
noted in A.5 pertaining to five (5) year rotational positions only.
A.5.6 Special Operations Sergeant — A Special Operations Sergeant (Spec Ops Sgt)
will be assigned as a uniform position, in Field Services Division, shall be on a five (5)
year rotation, except that the Chief of Police may extend any assignment, for up to six
(6) months, for good cause and based on the department need. At the conclusion of any
full five (5) year rotation cycle, the currently assigned Special Operations Sergeant may
re -apply for the position with the understanding that they will receive no special
preference in the selection process. The Chief of Police will make the selection based
upon the Employees applying for the position and their attributes. The term attributes
is to include consideration of the career development needs of the individual and the
organization. All Special Operations Sergeant positions shall be, at the origination and
termination, for just cause. Termination for just cause may occur at any time during the
assignment.
If the currently assigned Special Operations Sergeant in a five (5) year rotation position
is selected, that person will have a two (2) year full rotation cycle. Unless, the
incumbent is the sole applicant pursuant to the selection process, and whereby the Chief
of Police desires to reappoint the incumbent to the same position, said rotation cycle
shall be five years in duration.
An Employee who is regularly assigned Special Operations Sergeant duties shall
receive a three percent (3%) pay incentive while so acting in such capacity. An
Employee that is trained to the level of Collision Reconstructionist will be considered a
Traffic Detective Sergeant and will receive a total of 4% pay incentive while so acting
in such capacity.
A.5.7 For the purposes of term of assignment for personnel assigned to specialty
positions herein and who are receiving incentive pay for such assignment, the parties
agree that when an incumbent is the sole applicant for the same assignment upon
completion of either a five year term of service, or an additional two year term of
service, the new rotation cycle will be for a five year period, subject to reappointment
by the Chief of Police.
A.5.8 Street Crimes Unit - Each Street Crimes position (Sergeant or Officer) shall be
on a three year rotation except that the Chief of Police may extend any assignment for
up to six months for good cause and based on Department need, or in the case of initial
assignment to the Unit, said term of rotation for an officer position is agreed to be three
years plus an additional six months to provide for overlap transition of personnel within
the Unit. At the conclusion of any full three year rotation cycle (or in the case of a
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staggered appointment, an original three year plus six months rotation cycle), t
currently assigned Street Crimes Sergeant or Street Crimes Officer may re -apply for the
position, with the understanding that they will receive no special preference in the
selection process; that the Chief of Police will make the selection based upon the
employees applying for the position and their attributes, including consideration of the aM
career development needs of the individual and the organization. If the currently c
assigned Street Crimes Sergeant or Street Crimes Officer in a three year (or three years
plus six months) rotation position is selected, that person will have a one year rotation
cycle, except that under the specific circumstance when the solicitation for applicants is
posted and the incumbent is the sole applicant pursuant to the selection process, and the
Chief of Police desires to reappoint the incumbent to the same position, said rotation
cycle will be of three years duration. All Street Crimes positions shall be at the 0
origination and termination for just cause. Termination for just cause may occur at any Q
time during the assignment. o
The work schedule rotation will be four days on/four days off, and the hours of work
will be 1200 to 2400, working two days with the blue side of patrol and two days with
the silver side of patrol, subject to short notice for schedule changes and subject to
approval of the Assistant Chief of Police — Field Services. It is understood that the
parties may further modify the work schedule rotation and normal hours of work
specified herein upon mutual written agreement to be made part of this collective
bargaining agreement.
An Employee who is regularly assigned to a Street Crimes position shall receive a four
percent (4%) pay incentive while so acting in such capacity.
A.6 Pay Step Advancement — Advancement to the next higher pay Step shall be made
after an Employee has been paid at a given pay Step for the period of time designated in
Section A.1. If the completion of such period of time occurs at other than the beginning
of a semi-monthly pay period, the advancement to the next pay Step shall become
effective at the beginning of a semi-monthly pay period.
A.7 Promotional Reclassification — An Employee promoted from one classification to
another shall be placed into the lowest pay Step of the higher classification which still
provides for a monthly minimum rate of pay, five percent (5%) higher than that
currently being received by the promoted Employee.
A.8 Demotion Reclassification — An Employee demoted from one classification to another
shall be placed into the pay Step affording the same number of months service time that
the Employee had prior to the demotion to the lower classification.
A.9 Classification of Patrol Officers — Newly employed Officers without prior significant
experience shall be classified as Second Class Patrol Officers in Pay Grade NE9. After
one (1) year of employment Officers shall be qualified to advance to First Class Patrol
Officer in Pay Grade NE11. Advancements are subject to Civil Service Commission
Rules and Regulations. Laterals will be hired at NE 11 Step C/IV and will receive a Step
increase at the completion of probation.
A.10 The rates of pay set forth within Section A.1 provide for the maximum time an
Employee shall be employed in any one particular pay Step. The Employer shall have
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the right to place a New Hire Employee in any pay Step set forth within Section A.1, i
which event, advancement of said Employee to each of the next higher pay Steps shall
be automatic upon completion of six (6) months in pay Step 1 and/or twelve (12)
months in each higher pay Step except as noted in Section A.10.
A.11 Out of Class Pay — First Class Officers working Out of Classification shall be paid at
the Corporals rate of pay for each hour assigned to fill in for a supervisor.
A.12 Compensation of FTOs — Certified Field Training Officers when actually performing
as an FTO in the training of entry level or lateral entry police officers in a formal field
training program shall be compensated at the rate of one and one -quarter (1.25) hours
of straight time compensatory time per shift of training. No compensation shall be paid
when not actually engaged in training of new officers.
A.13 Deferred Compensation - Starting January 1, 2017 the City will contribute -24% of the
employees' base wage into a deferred compensation plan of the employees' choice.
The employee will choose one of the three plans currently offered by the City.
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6.4.a
APPENDIX "B"
to the
AGREEMENT
by and between
CITY OF EDMONDS, WASHINGTON
and the
EDMONDS POLICE OFFICERS' ASSOCIATION
(Representing the Law Enforcement Commissioned Employees)
THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF
EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS
POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association.
APPENDIX "B"
BILL OF RIGHTS
B.1 Employee Rights: It is agreed that the City has the Right to discipline, suspend, or
discharge any Employee for just cause.
B.2 Bill of Rights:
B.2.1 In an effort to ensure that investigations made by an Officer
as designated by the Chief of Police of the Police Department are conducted in a
manner which is conducive to good order and discipline, the Employees shall be
entitled to the protection of what shall hereafter be termed as the "Employee Bill of
Rights."
B.2.2 Every Employee who becomes the subject of an Internal Affairs (I/A)
investigation, as defined by department policy, shall be advised in
writing at the time of the interview that they are suspected of:
(a) Committing a criminal offense; or
(b) Misconduct that would be grounds for termination, suspension, or
other economic sanction; or
(c) Not being qualified for continued employment with the Police
Department (such as job competency or fitness for duty).
B.2.3 Any Employee who becomes the subject of a criminal investigation shall
have all Rights accorded by the State and Federal Constitutions and
Washington State law.
B.2.4 The Employee under investigation must, at the time of an interview, be
informed of the name of the Officer in charge of the investigation and
the name of the Officer who will be conducting the interview.
B.2.5 Forty-eight (48) hours before an Internal Affairs (I/A) Investigation
interview commences, any Employee who is the subject of an Internal
Affairs Investigation shall be informed, in writing, of the nature of the
investigation, that the Employee is considered a "suspect" in the
investigation and shall include the following information:
o Who is the complainant or the victim,
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o what reportedly took place,
o when it happened,
o and where it happened.
No forty-eight (48) hour notice is required for, Employees subject to
Investigations that will not result in any economic sanction, e.g. a
Complaint Investigation; however if the Employee requests to contact
an Association Representative, appropriate time will be allowed prior to
the interview. Employees who are given a forty-eight (48) hour
notification may waive that delay by signing a written waiver form.
No forty-eight (48) hour notice or Association Representation is required
for an Employee listed as a "witness" in an VA or for routine
Supervisor/Subordinate inquiries that will not result in any economic
sanction.
B.2.6 The interview of an Employee shall be at a reasonable hour, preferably
when the Employee is on duty, unless the exigency of the interview
dictates otherwise. Whenever practical, interviews shall be scheduled
during the normal workday of the City.
B.2.7 At the cost of the requesting party and in accordance with Washington
State Law, RCW 9.73, the Employee or City may request that an
investigative interview be recorded, either mechanically or by a
stenographer. There can be no "off-the-record" questions. Upon request,
the Employee under an investigation shall be provided an exact copy of
any written statement the Employee has signed or, at the Employee's
expense, a verbatim transcript of the interview.
B.2.8 The Employee may be required to answer any questions in an
investigation and will be afforded all Rights and privileges to which they
are entitled under the laws of the State of Washington or the United
States. Prior to being ordered to respond to any question, the Employee
will be notified in writing and acknowledge receipt of the following:
"You are about to be questioned as part of an internal
investigation being conducted by the Police Department. You are
hereby ordered to answer the questions which are put to you
which relate to your conduct and/or job performance and to
cooperate with this investigation. Your failure to cooperate with
this investigation can be the subject of disciplinary action in and
of itself, including dismissal. The statements you make or
evidence gained as a result of this required cooperation may be
used for administrative purposes but will not be used or
introduced into evidence in a criminal proceeding."
Employees who are subject to a Criminal Investigation shall be advised
of their Miranda Rights.
B.2.9 Interviewing shall be completed within a reasonable time and shall be
done under circumstances devoid of intimidation or coercion. Written
notice shall be provided forty-eight (48) hours prior to any Investigative
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(I/A) interview subject to the notice requirements of Section B.2.2. 6.4.a
noted in Section B.2.2 the Employee may provide a written waiver of
the forty-eight (48) hour requirement. The Employee shall be afforded
an opportunity and facilities to contact and consult with their
Association Representative before being interviewed if requested. The aM
Employee may be represented by the Association Representative to the 5
extent permitted by law. The Employee shall be entitled to such
reasonable intermissions as the Employee shall request for personal
necessities, meals, telephone calls, consultation with their
Representative, and rest periods.
B.2.10 The Employee shall not be subjected to any profane language nor
threatened with dismissal, transfer or other disciplinary punishment as a
guise to obtain the resignation of said Employee nor shall the Employee
be subjected to intimidation in any manner during the process of
interrogation. No promises or rewards shall be made to the said
Employee as an inducement to answer questions.
B.2.11 Investigations shall be concluded within a reasonable period of time as
defined in Section 1020 of the Department Policy Manual. Within a
reasonable period after the conclusion of the investigation and no later
than forty-eight (48) hours prior to a pre -disciplinary hearing, the
Employee shall be advised of the results of the investigation and the
potential disposition (which may include a range of possible discipline)
and shall be provided a copy of the investigatory file. In the event an
investigation is sustained but no discipline is to be imposed because it
was not completed within established timelines, the Employee is still
entitled to a Loudermill hearing and appeal process. (NOTE: Time
frames for complaint investigations increased from 30 to 45 days;
internal affairs investigations increased from 60 to 90 days. Section
26.1.4 of the Department Policy Manual will be changed accordingly.)
B.2.12 All interviews shall be limited in scope to activities, circumstances,
events, conduct or actions which pertain to the incident which is the
subject of the investigation. Nothing in this section shall prohibit the
Employer from questioning the Employee about information which is
developed during the course of the investigation.
B.2.13 No Employee shall be requested or required to submit to a polygraph
test or to answer questions for which the Employee might otherwise
properly invoke the protection of constitutional amendment against self-
incrimination, except as required pursuant to Section B.2.8. Nor shall
any Employee be dismissed for or shall any other penalty be imposed
upon the Employee solely for a failure to submit to a polygraph test or to
answer questions for which the Employee might otherwise invoke the
protection of any constitutional amendment against self-incrimination;
and provided further that this provision shall not apply to either the
initial application for employment or to persons in the field of public law
enforcement who are seeking promotion.
Should any section, subsection, paragraph, sentence, clause or phrase in
this Article be declared unconstitutional or invalid, for any reason, such
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decision shall not affect the validity of the remaining portions of th
Article.
B.2.14 Medical or Psychological Examinations:
B.2.14.1 The Employer retains the right to require Employees to submit to
medical or psychological examinations when there exists good cause to
believe an Employee is unfit for duty. Any relevant medical history of
the Employee which the examining professional conducting a
psychological evaluation requests shall be released by the Employee
only to the examining professional.
B.2.14.2 The examining professional shall issue a written report to the
Employer, as the client, provided however, that such report shall indicate
only whether the Employee is "fit" or "unfit" for duty and in the event
an Employee is unfit the expected prognosis and recovery period as well
as any accommodations which could be made to allow an Employee to
return to duty consistent with the attached form (APPENDIX `B-1").
The report shall be made available to the Employee.
B.2.14.3 The Association shall have an opportunity at its expense, to discuss
with the Employer's examining professional their conclusion and
reasons therefore. If the Employee believes that the conclusions of the
examining professional are in error, they may obtain an additional
examination at their own expense and the Employer will provide the
examining professional with documents which were utilized by the
Employer's examining professional. In the event, the Employee and/or
Association seek to contest the conclusion of the first examining
professional, the Employee's report shall be in writing and shall be
available to the Employer. The report shall be kept as confidential
medical information and any use outside of the accommodation or fit for
duty process shall be subject to a written medical release by the
Employee. The Employee shall authorize the second examining
professional to respond to reasonable questions clarifying the opinion, at
the Employer's expense. Nothing herein prohibits the examining
professionals from making safety disclosures required by law.
B.2.14.4 The Employer will undertake to have the Employer's examining
professional make themselves available to answer appropriate questions
by the examining professional, at the Association's expense, who
conducts the independent examination.
B.2.14.5 Should an Employee Grieve a disciplinary or discharge action taken as
a result of an examination, the Employer shall allow release of the
examination and supporting documents upon which it relies for the
action, and all other prior examinations of the Employee.
B.2.14.6 Should an Employee Grieve a demotion, discharge or other action
subject to the Grievance process, taken as a result of an examination, the
Employer and Employee shall allow release of all examinations and
supporting documents upon which it will rely in the proceedings, and all
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other prior examinations of the Employee determined to be relevant b
the Grievance Arbitrator after a confidential review by the Arbitrator.
B.2.15 Personnel Records:
(a) Contents: A "personnel file" shall be defined as any file pertaining to the
Bargaining Unit member's employment status, work history, training,
disciplinary records, or other personnel related matters pertaining to the
Bargaining Unit member.
It is further understood that a personnel file does not include material
relating to medical records, pre -appointment interview forms, Internal
Affairs files, or applicant background investigation documents such as,
but not limited to, psychological evaluations and polygraph results.
(b) The Employer will promptly notify an Employee upon receipt of a court
order, subpoena or a public disclosure request for information in the
Employee's personnel file. The Employer will also provide at least
seventy-two (72) hours' notice before releasing any requested
documents, provided, however, that in the event the City is required to
respond to a subpoena or other court order in a time frame less than
seventy-two (72) hours, it will provide prompt notice of its response
date. The Employer will allow the Employee and the Association the
fullest possible opportunity to legally object to unwarranted disclosures.
(c) Each Employee's personnel files shall be open for review by the Employee,
provided that Employees shall not have the right to review psychological
evaluations or supervisor's notes prepared for the purpose of preparing
Employee's evaluations which are destroyed after the evaluation is
prepared. The Employer shall maintain no secret personnel files not
subject to inspection.
(d) All Complaints, Internal Affairs Investigations and Review Board shall be
maintained in accordance with the Secretary of State — Archivist's
record retention schedule, with the following exceptions:
(1) Any instances where subsequent disciplinary action was
relied upon as part of a process of progressive discipline.
(2) When required by law to be retained, such as instances
covered by the Federal Rehabilitation Act or the Americans with
Disabilities Act. All such files will be retained in a separate
confidential medical file only. Any records involved in any stage
of litigation or other judicial process will be purged from the
personnel file according to the schedule above but may be
retained by the Department in a separate litigation discovery file.
All complaints and internal affairs investigations resulting in
disciplinary action of a ten (10) or more day suspension,
demotion or termination will not be purged.
All files noted in this policy shall be kept confidential to the full extent
permitted by law or the Collective Bargaining Agreement and the Rights
created there under. In the event of a request for release or review of an
investigative or disciplinary file, the Employee to whom the file relates
will be provided written notice of the request and the City's intended
response prior to the date of release.
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6.4.a
B.2.16 USE OF FORCE:
B.2.16.1 Statement of Purpose: The parties recognize that adequate training is
critical for preventing unnecessary use of force and for minimizing the
impact on an Employee who is involved in a situation where force must
be used. The Department recognizes that it is its obligation to provide
adequate training in this area, including the reactions of Employees in
critical instances and in dealing with problems that result after being
involved in a critical incident.
B.2.16.2 Procedures: Any time an incident occurs involving a use of lethal force,
against a person, the following will apply:
B.2.16.3 When an Employee, whether on or off duty, uses lethal force which
results in the injury or death of a person, or discharges a firearm in
which no injury occurs, the Employee shall not be required to make a
written or recorded statement for forty-eight (48) hours after the
incident, except that immediately following the incident the Employee
shall verbally report to a Superior a brief summary of the incident and
any information necessary to secure evidence, identify witnesses, or
apprehend suspects or similar information necessary to preserve the
immediate safety of the public and fellow officers. The affected
Employee may waive the requirement to wait forty-eight (48) hours.
Beyond that the Department will not question the Employee(s) regarding
any information regarding the incident, but will immediately inform the
Employee involved in the incident that they have the Right to be allowed
prompt access to any of the following:
(a) Their spouse;
(b) The Association's attorney and the attorney's agents;
(c) The Employee's personal attorney;
(d) Psychologists, psychotherapists, or ministers depending upon
the Employee's choice and
(e) Peer Support Counselor.
The Department will encourage the Employee to have access to any of
the above listed persons and to promptly do so telephonically if the
Employee so requests. Any discussions about the incident that the
Employee has with the above -mentioned personnel shall be confidential.
The Department and the Association shall mutually agree on designated
Peer Support Counselors and appropriate training.
B.2.16.4 The Department or its designee will conduct a thorough and competent
investigation of the incident, including using the appropriate techniques
for preservation of the scene if relevant where the use of force took
place. All reports and findings from this investigation, following a
determination as to whether criminal charges should be filed, will be
promptly made available to the Association upon request. If the
Department must preserve a chain of custody for weapon or weapons
utilized in the incident, the Employee will be promptly issued
replacement weapons unless it is inappropriate to do so.
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6.4.a
B.2.16.5
The Department or its designee will assign a properly trained
interviewer to interview the Employee. The interviewer will be trained
in the appropriate techniques of interview, interrogation and
investigation of "Officer Involved Shooting." If there are multiple
investigators assigned because of the concurrent investigations that are 5
underway, the investigators will coordinate so that one investigator will
be primarily responsible for the interview. All reasonable attempts will
be made to minimize the need for successive interviews.
B.2.16.6 No statement will be required within forty-eight (48) hours after the
incident except as indicated above. The interview of the Employee
involved in a lethal force situation will be done under circumstances
intended to minimize the traumatic affect of the interview on the
Employee. The Employee will be given reasonable breaks and periods to
prepare for the interview, and be given reasonable telephonic access to
the above listed personnel during the interview upon request.
Additionally, the Employee shall have a Right to be represented during
the interview by an Association Representative or the Employees
attorney. If requested, the interview will be postponed until the
Employee has had a reasonable opportunity to seek prompt professional
counseling before the interview takes place.
B.2.16.7 In the discretion of the Department, the Employee may be placed on
administrative duty and assigned to responsibilities in training or other
administrative areas with the specific nature of the Employee's duty to
be assigned by the Department in consultation with the Employee. The
Department may also place the Employee on administrative leave. The
request to be considered for an administrative assignment or
administrative leave may be initiated by the Employee.
B.2.16.8 While on administrative assignment or leave, the Department will allow
access to the Employee's choice of licensed mental or medical health
professional without loss of pay or benefits to the Employee.
B.2.16.9 When either the Employee or the Employer believes that the Employee
should return to the Employee's regular assignment, at the Employer's
option the Employee will provide a letter from their licensed
psychologist or medical doctor indicating that the Employee is ready to
return to their regular duties or to modified duties. The Employer at its
option may request an independent medical psychological exam, which
will be conducted in conformity with the procedures outlined in this
agreement and the Americans with Disabilities Act (ADA).
B.2.16.10 While on administrative leave and after returning to duty, the Employee
will be encouraged and allowed full access for up to four (4) sessions
with licensed mental or medical health professional without loss of pay
or benefits to the Employee while participating in such program.
Page 42 of 63
Packet Pg. 58
APPENDIX "B-1"
to the
AGREEMENT
by and between
CITY OF EDMONDS, WASHINGTON
and the
S
EDMONDS POLICE OFFICERS' ASSOCIATION
S
hereby authorize Dr. to
(Employee Name) (Doctors Name)
provide the following medical information to my Employer, the City of Edmonds. In
accordance with Sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of the Americans with
Disabilities Act, the above named Doctor is required to maintain all medical records in
0
association with their examination of me on separate forms and in separate medical files and
must treat those records as a confidential medical record with the following exceptions:
Q
0
The Doctor will issue a written report to the Employer and the Employee. The report shall be a
a.
"Functional Diagnosis." Functional Diagnosis is defined as:
The evaluation by a physician or psychologist ("treating professional") of how
2
an underlying but undisclosed disability may affect an individual's performance
o
in the workplace. The treating professional may outline symptoms, impediments
y
to performance, or other impacts which the Employee may display in order to
Q
reasonably accommodate the Employee's return to work. The functional
diagnosis shall be kept confidential as private health care information pursuant
to the Americans with Disabilities Act and released only to the Chief of Police
0
and Assistant Chiefs of Police; and, when appropriate, emergency medical
a)
personnel.
a
Furthermore, I authorize the Doctor if they determine that I am able to perform the essential
functions of my job, to so inform my Employer.
c
This release is intended to grant no further access to my confidential medical records than the
E
Americans with Disabilities Act allows and the examining physician is instructed accordingly.
w
NOTE: This federal law creates a cause of action against any individual who violates its
a
provisions.
Z
(Patient/Employee's Signature) (Date)
Page 43 of 63
Packet Pg. 59
APPENDIX "C"
to the
AGREEMENT
by and between
CITY OF EDMONDS, WASHINGTON aM
and the S
S
EDMONDS POLICE OFFICERS' ASSOCIATION
(Representing the Law Enforcement Commissioned Employees)
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF
EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and EDMONDS
POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association.
as
C.1 Pursuant to Article A.3 of the Agreement between the parties signatory hereto, the
following shall serve as the controlling document with respect to the establishment of a
Physical Fitness Program and the procedures by which the aforementioned program
shall be administered.
C.2 Special tests may be requested by Employees who have physical handicaps or
limitations, which interfere with the ability to do one or more of the regular tests.
Special tests, if requested, will be devised by the treating doctor at the Employee's
expense, and approved by the Police Department, unless the injury was incurred on
duty. Approval is contingent on such tests being approximately equivalent to the
regular test in terms of the ability tested. Physician certifications of limitations and
correlating special test(s) shall be valid for one year, and subsequent requests must be
supported with current documentation. In instances where the Emplo.. e�y have a
chronic condition (e.g. knee or shoulder condition), certifications of limitations and
correlating_ special tests shall be valid for three (3) years; subsequent requests for the
same condition must be re-evaluated and supported by a new authorization. In all
cases, the treating doctor must certify in writing that the physical handicap, injury
or limitation does not prevent the Officer from performing the essential functions
of the job of a police officer.
C.3 Employees of the Police Department may submit to the Physical Fitness Test set forth
herein, or modification thereof pursuant to Section C.2 of this Appendix. The primary
test will be scheduled annually by the department during the month of September,
unless waived by the Chief of Police pursuant to Section A.3 of the CBA. In the event
of a waiver all Members of the bargaining unit will be compensated for the ensuing
calendar year. A reasonable number of make-up dates will be scheduled as needed for
the primary test if the Employee has an excused absence approved by their Division
Commander. Each Employee shall be allowed only one opportunity to pass each event
within the fitness test. Any Employee unable to pass the primary Physical Fitness Test
may be afforded one opportunity, upon their written request, to repeat the entire test
prior to December 31 st. The compensation period will run from January I through
December 31 of each year based on the previous year's test.
New Employees who become eligible for the Physical Fitness incentive prior to the
annual test period will be compensated until the next test period if they successfully
completed an equivalent Physical Fitness Test at the time of hiring.
CA The Employer shall purchase a group membership at the Harbor Square Athletic Club
for all Edmonds Police Officers covered by this Agreement. Any increase in the group
membership or hourly court rate shaUe borne by the Employer.
Packet Pg. 60
C.5 Employees shall be compensated in pay at the applicable straight time or overtime ra
when required to take Physical Fitness Tests. A retest as outlined in Section C.3 is not
a required test and will not be compensated if taken while off duty.
Exercise, conditioning and racquetball shall be on an individual and voluntary basis
without compensation.
C.6 Employees shall cooperate with the physician in efforts to experiment with and
improve the tests and standards contained herein.
C.7 All Employees who are classified as Law Enforcement Officers and Fire Fighters Act II
(LEOFF II) Employees shall be protected against loss of pay for time off work due to
any injury sustained while participating in authorized Harbor Square Athletic Club
conditioning programs. Should a LEOFF II Employee become disabled due to an injury
of the aforementioned nature, the Employer shall compensate the Employee for all time
off work beyond depletion of any accrued sick leave benefits until such time as the
Employee shall have begun to receive State Disability Benefits, provided that the
Employer shall receive credit for any other employment or disability benefits received
by Employee during that time.
C.8 Every three (3) years each Employee shall be given the option to obtain a blood scan
and treadmill test from a physician designated by the Employer. These tests will be
provided at the Employer's expense. Employees shall not be compensated for the time
involved for these tests.
C.9 The medical records shall be maintained in the office of the examining physician.
C.10 Physical Test Description — The physical tests shall be those attached to this
amendment. The flexibility and body fat tests, while required, shall be advisory only.
The results of these tests shall be made available to the Employer.
C.11 The City agrees to indemnify and hold the Association harmless from liability to any
Employee who successfully claims that the physical fitness standards or alternative
standards adopted pursuant to this Appendix violate the Employee's Rights under the
ADA or WSLAD or other law governing disability discrimination.
CURL -UPS
1. The participant is to lay on their back with knees flexed at ninety (90) degrees or
less: feet and calves elevated on bench 16-20 inches high.
2. Both hands should be clasped firmly behind the back of the head.
3. During the curl -up phase, the participant's hands should remain clasped behind the
head; the low back must remain in contact with the floor, while the shoulder blades
must clear the floor.
4. The shoulders must touch the floor in the down position.
5. Count the number of correct curl -ups performed during the 2-minutes of metronome
timing: the pace may be slower than, but not faster than the metronome.
6. No rest periods are allowed. Cessation of curl -ups terminates the test.
Curl Ups
Standards —
Timed/50 Maximum
Age
18-29
30-39
40-49 50-59
Sex
MF
MF
MF MF
Qty
3126
4�6 21
23 17 19 14
Packet Pg. 61
PUSH-UPS
1. The participant is to assume the appropriate up position (see below). The body
should be straight and the hands about shoulder width apart.
2. The body should remain rigid throughout the down phase; with the chest coming to
within three (3) inches of the floor (a partner can place a fist on the floor beneath the aM
participant's chest as a general guide). 5
3. From the down phase, the participant must return to the up position with the arms
straight.
4. The participant is only permitted to rest in the up position.
5. Count the total number of push-ups the participant performs in one (1) minute.
6. For female Employees, the above technique shall be altered. Female Employees shall
complete push-ups in accordance with Entry Level requirements. 0
Push -Ups
—1 Minute
Age 21-29 30-39
40-49 50-59
Sex M/F M/F
M/F M/F
Qty 34/17 25/12
20/8 15/6
1.5 MILE/RUN TEST TIME (MINUTES)
Age
20-29
30-39
40-49
50-59 and over
Sex
M/F
M/F
M/F
M/F
Time
13:00/16:57
13:38/17:45
14:17/18:30
16:15/19:30
46
Packet Pg. 62
APPENDIX "D"
to the
AGREEMENT
by and between
CITY OF EDMONDS, WASHINGTON
and the
EDMONDS POLICE OFFICERS' ASSOCIATION
(Representing the Law Enforcement Commissioned Employees)
THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF
EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS
POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association.
The parties to this Agreement recognize that pursuant to GR 29(f)(5) of the Washington
Rules of Court, the Judge of the Edmonds Municipal Court is responsible for the terms and
working conditions of court personnel and the City is responsible for negotiating with regard to
the wages of such personnel. The parties therefore have agreed to the following terms and
conditions with regard to court security personnel, as follows:
I. Acknowledgement of Coverage. The parties stipulate and agree that
court security services performed by armed individuals with the powers of arrest shall be
considered bargaining unit work under the Collective Bargaining Agreement ("CBA") for its
commissioned police officers between the Association and the City. Bailiff service performed
by unarmed individuals who do not possess a power of arrest shall not be considered
bargaining unit work under the CBAs for police support personnel or commissioned officers.
The Association is the collective bargaining representative for commissioned police officers
and police support personnel under two separate CBAs.
2. Judge's Discretion. Pursuant to Court Rule 9 the Judge shall, at his sole
discretion, determine how security service shall be provided for the Edmonds Municipal Court.
If the Judge elects to use unarmed individuals without the power of arrest and whose duties
include only the ability to detain individuals pending arrest by a commissioned police officer,
these persons shall not be subject to the CBA for its commissioned police officers.
3. Security Services; Commissioned Officers With Powers of Arrest. If the
Judge elects to utilize armed individuals with the power of arrest to provide court services, that
work shall be considered bargaining unit work and addressed under the terms of this agreement
and future CBA, when approved. It is the intent of the parties that this agreement be embodied
in any future CBA between the parties, but that binding effect shall not occur until a CBA is
approved in full by the Edmonds City Council and the members of the applicable bargaining
unit.
4. Personnel Pool Required. The parties agree and stipulate that a
minimum pool of at least five interested officers in the bargaining unit are required to provide
effective, continuous and trained services to the court. The Association shall be given first
opportunity, on an annual basis, to provide a pool of officers for selection as court personnel.
This option shall be exercised by October 3 1 " of the preceding year. If the Association fails to
exercise its option, or at any time the Association is unable to fill a given court security shift
(due to vacation, illness or other reasons), the Judge shall be free to fill additional slots on the
court security personnel roster through an interlocal agreement with the City of Mountlake
Terrace, or such other law enforcement entity as the Judge in his sole discretion may elect.
WA
6.4.a
Packet Pg. 63
5. Payment of Association Members. Officers on the duty roster for court
security personnel shall be paid at a base rate for such work equal to two-thirds of their
contract rate of pay under the CBA between the parties, or the federal minimum wage,
whichever is greater. Such base rate shall include two-thirds of the longevity and any other
premium pay to which the individual would be entitled under terms of the CBA. In addition,
the parties acknowledge that the following rules shall be utilized to calculate the individual's 5
final total payment. a
5.1 Because officers on the duty roster will normally be assigned to a
fu117K exempt work schedule, it is the belief and understanding of the parties that this work
shall be subject to an overtime rate. The parties stipulate and agree that in addition to the base
rate attached above, the parties shall also be entitled to the normal CBA overtime rate for the
position which the individual holds. The overtime rate is believed and stipulated to be in
excess of the Fair Labor Standards Act required overtime rate. In the event that the Fair Labor
Standards Act would result in an overtime rate higher than that provided by this Agreement,
the individual shall be paid such rate, but may be removed from the duty roster by the Judge at
his discretion. It is the parties' understanding and intent that an individual who works
additional hours as court security personnel shall be compensated at two-thirds of the normal
contract rate of pay for the position that the individual holds with the City be combined with
the stipulated overtime rate set by this Agreement. Overtime shall be calculated in accordance
with the CBA between the parties rather than the Fair Labor Standards Act so long as that
calculation results in a higher rate of pay. It is the parties' understanding and intent therefore
that the contract rate of pay established pursuant to this Agreement and the CBA shall always
be in excess of the Fair Labor Standards Act rate.
48
Packet Pg. 64
6.4.a
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City
deals ififofm
suppeft of evefy
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employee,
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with
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a-n
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fespo s
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2.0 Pufpose
this
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to
the
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of
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outline
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the
the
the City.
inappropriate
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of
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legal issues,
system and sefvi,.�nd
.,
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3.0 See
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tor—egular-
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C
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employees,
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ision
employees, and
all
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per
working
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f the City. This
,
liey
to
that
u
applies
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ow-ne
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by
City.
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network
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m
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that
2
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should aware
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the
the
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the
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the
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ean
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2.
Employees
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exe
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Q
individual depa
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Z
ents
pens
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In the
personal
use
of
systems.
absenee-of
their
�
sueh polieies,
employees
shouldeefistilt-
sape—serer
3.
The
T,,fma4ion
Setwiees
Division ,-eeommend
i
that i4afmation,
ineluding
that
a
any
e mail,
user-s
eons
,,lnef:,b,le
be
s.,fogua-de
For- v .,l ., ist.
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sensitive o
s
nee
ca
Sen,iees-Division.
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4.
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Sea
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Division
Q
eseyyesthe
m
basis to
this
When
by
r
enstffe
eomplianee
with
pokey.
r-equested
0
theiiifoffnation
Seryiees
Division,
;11 r
id �,11
N
employ
e
ti
to
City
r
any
wofk
area,aeeess
eomptAing
equipment,
O
ififoffn
Audits
be
`"
atieisteredwithin
sued
equipment.
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d
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a ur-,.�estigate—
possible
seetwity=r-eaebes,
and-
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r
r
inte>uetive oniter- and log tr-affie on the C*-y Q
50
Packet Pg. 66
6.4.a
1, to be the
needs pfeteeted within
system.
lm
Tlo,.,,�„�o„� Tl;,o �,, then„
;�theS
suittl,o;, and
with
c o D t ,lot
with
to tools
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Employees to
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also need exer-ei �r-easo
able
v
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ght��Eleetienf�
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nable security
es
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0
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btA4on)
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y
when
ci�iirg p8ilr
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;
the
J
,..1s „loss
posting in
.
e of business
.l„ties
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^rvstatien
by the
thatis.
Z
used
employee
U-
to the
h4emet,
by
the t
ieeted
whether-
owned
employee or-
by�Ee
shall
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database
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etiffe„t
vipds
.
5. Employees
L
must
a extfeme
caution when
a
„tai
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,- Trojan
her -se , to
0
m
a�
ifollowing
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a
their-
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the a
se of
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responsibilities. eantaet
m
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o,-„; ees Division
for- f „-tl, o,- „n f.,,-,v..,t; o
on stl 1, V
aptions. Under-
no eir-eummstanees
is an employee of the
Git-y r
O
mavnds authorized
t6
any aetiy ' -y that is
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Packet Pg. 67
6.4.a
network or- sefN,er (e.g., vifu es, woms, Trojan horses, etc.). lC
3. installing -c nauthorized har-&`ar—e onto +�2-s �
twor-k
4. Revealing your- password to others.
5. Using a City computing equipment to aetively
ffoetwing or-
d
t, ,, material ,;tt;. thatis in violat; ,,, 0
of the City's sexual harassment pokey or- other- hostile wof4laee
tams,. O
6. Eff-eeting see"ty-r-e-aeh; s or - -disruptions of w
networ-k eemmunie-at ei.Seew e-aehes inel�at-afe net
0
limited to, neessing data eh the employee is notai} W
intended r-eeipient of: logging into a sen,er- that the employe u
,t v vsslauthorized t o „loss these l„t;os , ;tl,;,, 0
..
the seope of r-egulaf duties. vsof this seeti6n-
, M
"dismption" i nel„des, but is of limited to, network sn'f�mixg,- G1
paged floods.frog 1 f f.,rge v
, �ek , Eieiliccr-vr�ei-r"r"ceflnl�zvrgccr,��
will intefeept data not intended for the employees —preview d
„loss this aetiy ty is ., paft of she employee's „ .,1 ob/dtt,. �
g r;, eiAi g v „ hen4iea4ioor- seeur-ity of 0
�statieii of: metwofk, oeprmesenyou as anper-son on er
the i„tef fiet W
9. inter#eriwith of de ii gel ie to my usefa
otherthan the employe(feF example,denial of Z
10. Using any prmogrmam sermipt,leomrircand, of sendingssages of any kind, with the intent to inteffefe with, off dis-Able,
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a uses —terminal session•, any •,'eanss,—locally or vic^rt�ie �
i, a
n. n,.,,,,iding lists of o „fet:m,tio about the r;ty!f o
employees to pafties outside the City of Edmonds,
ca
12. Do not download s f4w,,,. the ifitemet and �
install it oft the GiWs eomptAef equipment.
13. Do not use City eomputeFs to listen to the rmadio. a
Email and Commtmiea4ions Aetivities
m
0
'Sending tmsolieited email messages,ineluding theo
sending— f 'junk mail" or otherte N
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paging, lietherm tlffough language, ffequeney, or sme of
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3. Unattormized use, or fo-rging, of email header-
infefma4iofi,
52
Packet Pg. 68
n Solieit.,tio of email for- other- a ,;1 aaro,J R da
with the intent to harass or- to eolleet replies.
other- '� " sehemes
6. posting the . Ftilar- non City business 1m
related essages to llafge fmmber—ef UseHet fiewsgr-otipR S
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A" employee f:.,,,,.1 to have vielmedthis poliey may 1,^
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10.14 SUBSTANCE
NC
ABUSE
The
City,F,
N
has
twvfo
•,
a
philosophy on Solosta-me^
abuse
(1) eoneem
f/1
for the the
for-
wellbeing of
employee
and
a
eoneem
v
ty of other- employees
and
,,, .v,b
er-s of
the p b.li,
0
d
v
Fitt —of oil
employee
- -assi
stanee
pr-eg afn,
w
v l o
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b, ,,l
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eneoufagv employees who
are
about
IL
dfug to
teatt,.,
t a
1
t
use seek esueling���efft
ar�ehabi�atierr
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seek
diagnosis
.,
o t tme
t
0
O
Cityis
fullyeommi-tted
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pt e
to
hel3mg
E
eomgietely volunt�the
W
employees who voluntarily
seek
in
as sistanCeto
the
ovefvomes4sta-mee
J
abuse pr-oblems.
most eases,
expense
of
a
t,e t.,• t
be fully
lly
. v
bthe
by
Cit'
„s�
benefit
Z
e may
o pafti
f:e
the
r-e�eegnitiergof sen�t��atz�^othe�atter-s,
b
dikept—eonfidential.
Employers
d
setissio s will
e
who
t
be
L
edviee—of: —treatment
will
ubjeet—to
retaliation
or
,l at•^
a
0
Although the City
it
ca
with rehabilitation,
be that
.7iseiplifi
,-„
be take
G1
must tinder -stood
aetio
may
when
impairedbeea-use—he/she
is
an employee's job pe>=f
ems
N
the influenee ,1,ugs
^leohol
the
City
d
under of
on
job-T
e
may
a
>
m
than
v
sellingor- using aleoh4,
r—eontrene'd
substanees
(other-
legally dtffing
hoiir-s.
The
City
r
pr-eser-ibed)
work
may
also
di
f ,- duty
N
s or-teFminate-c'in
employee
who
r-epofts
—or
ti
1 ,a L, fl
F 1
1, 1
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APPENDIX "E"
to the
AGREEMENT
by gjad between
CITY OF EDM NDS, WASHINGTON
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and the
EDMONDS POLICE OFFICERS' ASSOCIATION
(Representing the Law Enforcement Commissioned Employees
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THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF
EDMONDS, WASHINGTON, hereinafter referred to as the City, and the EDMONDS
POLICE OFFICERS' ASSOCIATION, hereinafter referred to as the Association (EPOA).
1. PURPOSE.
It is the policy and intent of the Employer and the Association to maintain a safe and healthy
working environment for all employees, to ensure efficient and safe community service, to
protect employees and the City from liability, to safeguard City property and assets, and to
comply with all applicable laws and regulations governing substance abuse.
The parties are committed to a substance -free workplace and have an obligation to ensure
public safety and trust in its services and programs. Accordingly, the manufacture,
distribution, dispensation, possession, or use of a controlled substance, the unauthorized
use of prescription drugs, the use of drugs not medically authorized, or the use of any
other substance, including alcohol, which would impair job performance or pose a hazard
to the safety and welfare of the employee, the public, or other employees is strictly
prohibited. Employees who possess or use substances in violation of this Policy may be
subject to discipline in accordance with this Policy.
It is imperative that employees, who abuse substances, as defined in this Policy, be aware of the
seriousness of such misconduct and the potential penalties. In addition to law enforcement
measures that could be invoked for criminal violations, such employees may be subject to
stkeetine themselveste-j�disciphne because of the serious safety, health, and service
risks that they create. By avoiding substance abuse, such risks and penalties may be averted.
All employees are strongly urged to follow the guidelines in this Policy and utilize
rehabilitation services if substance abuse becomes a personal problem.
1.1 Medical Review Officer.
The City has designated a licensed individual with knowledge of substance abuse
disorders and appropriate medical training to serve as its Medical Review Officer
("MRO"). The MRO shall interpret drug test results for the City. The Medical Review
Officer is Drug Free Business MRO Services, Dr. Dee McGonigle, MD, or designee or
successor, 18912 North Creek Parkway, Suite 202, Bothell, WA 98011; (866)448 —
0657.
1.2 Substance Abuse Professional.
The City has designated a licensed individual with knowledge of substance abuse
disorders and appropriate medical training to serve as its Substance Abuse Professional
("SAP"). The SAP shall determine whether employees who fail a drug or alcohol test or refuse
to submit to such a test need assistance in resolving problems associated with substance abuse.
The SAP will recommend a course of action to such employees and determine whether they
follow through with the SAP's reconAkndations. The SAP shall also determine the
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frequency and duration of follow-up testingfor or any such employees who are permitted by th 6.4.a
City to return to work. The Substance Abuse Professional is obtained through Compsych, (800)
570 — 9315.
2. DEFINITIONS. a,
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"Drug" means any substance that impairs an employee's ability to perform a job
or duty, or poses a threat to the safety of the employee or others. This definition
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includes controlled substances (those substances whose dissemination is
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controlled by regulation or statute, including, but not limited to, those drugs
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included in Schedule I and II as defined by 21 U.S.C. 801 et seq., the
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possession of which is illegal under Chapter 13 of that title). Such
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controlled substances are frequently and commonly referred to in familiar
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terms and specifically include marijuana, cocaine, opiates, amphetamines, and
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phencyclidine ("PCP"). Further, this definition of drug also includes over -the-
counter drugs and/or drugs which require a prescription or other written
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drug(s) is likely to or does pIttig1pair the employee's ability to perform a job
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includes any other substance capable of altering an individual's mood,
perception, pain level, or jud ment (e.g., mushrooms, glue).
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"Substance test" includes both drug and alcohol tests, as defined below.
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2.4.1 Drug Test.
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"Drug test" means a urinalysis test for the presence of amphetamines, cocaine,
opiates, THC (marijuana), and phencyclidine PCP
2.4.2 Alcohol Test.
"Alcohol test" means a breath test to determine an employee's alcohol
concentration level pursuant to Section 4.6.2, below.
2.5 Passing a Substance Test.
"Passing a substance test" means passing and/or alcohol test, as defined
below_
2.5.1 Passing a Drug Test.
"Passing a drug test" means that the test result does not show any positive
evidence of the presence of a drug in the employee's system that is at or above
a determined threshold level. The threshold level for drugs. shall be as set forth
in Department of Transportation Standards 49 CFR PART 40 §40.87.
An MRO must determine that the results of a drug test:
(1) show no evidence or insufficient evidence of a prohibited
drug or drug metabolite;
(2) show evidence of a prohibited drug or drug metabolite,
but there is a legitimate medical explanation for the
result;
(3) show evidence of a prohibited drug or drug metabolite below a
determined threshold level; or
(4) are suspect because of irregularities in the administration of the
test or chain of custody procedures.
Passing a drug test shall be referred to as "testing negative."
2.5.2 Passing an Alcohol Test.
"Passing an alcohol test" means that the test result shows an alcohol
concentration of 0.02. Passing an alcohol test shall be referred to as "testing
negative." _
2.6 Failing a Substance Test. 57
Packet Pg. 73
"Failing a substance test" means that the test result showed positive evidenc 6.4.a
of the presence of a substance in an employ. e�ystem that is at or above a
determined threshold level. This determination shall be made by the City MRO
under the same standards as passing a substance test. Failing a substance test
shall be referred to as "testing positive." Refusal to submit to testing may result
in disciplinary action up to and including termination.
2.7 Under the Influence.
"Under the influence" is defined as a condition arising from using a substance, which
may limit an employee's ability to safely and efficiently_ perform a job or duties, or may
pose a threat to the safety of the employee or others, and it shall be determined by the
presence of a substance in an employee'system as measured by a substance test in
accordance with the terms of this Policy. "Under- the influence" includes physical
manifestations as well as the odor- f i,.,.holie bevemees n the breath.
2.8 Impaired.
"Impaired" means a diminishing or worsening of an employee's mental or physical
condition that is the result of using a substance.
2.9 Medical Authorization.
"Medical authorization" means a prescription or other written approval from a
licensed medical practitioner for the use of a substance in the course of medical
treatment, which must include the name of the substance, the period of authorization,
and whether the prescribed medication may impair job performance. This
requirement also applies to refills of prescribed drums
3. PROHIBITED ACTIVITY.
3.1 Alcohol.
The The use or possession of alcohol during working hours, on City property, or in City
vehicles is prohibited. Employees are not permitted to report for work or to perform
any City business while under the influence of alcohol ^r with the paor of .,',,,.,,else
bevemees on the Emplovees who report to work with are „r-ehi ite mf� nm
an alcohol concentration at or
greater than 0.02, will not be permitted to report to work or remain at
work. Additionally, an employee who reports to work with the obvious odor of
intoxicating beverages on their breath, but not "under the influence" of alcohol as
defined herein will not be allowed to perform any City business and may be subject to
discipline. Reasonable exceptions to this policy may be made for the legitimate.
business needs of the department.. (i.e. undercover work).
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3.2 Drugs.
6.4.a
The manufacture, distribution, dispensation, possession, or use of a controlled
substance, a drug not medically authorized, or other substances that impair job
performance or pose a hazard to the safety and welfare of the employee, the public, or
other employees is prohibited. An employee is not permitted to report to work or
perform any City business while under the influence of any drug, including medically
authorized or over-the-counter drugs, which--eeuld impairs work performance.
Employees who perform safety -sensitive functions must report the medical use of
drugs or other substances that could impair safe job performance to their- super- .--,.
a member of command staff or the City's HR Department and provide proper written
medical authorization from a licensed medical practitioner that the substance will not
adversely affect the employee's ability to safely perform work. It is the employee's
responsibility to determine from the licensed medical practitioner whether the
prescribed drug would impair safe job performance. Failure to report the medical use of
such drugs, or failure to provide proper evidence of medical authorization, may result in
disciplinary action, including possible termination. Reasonable exceptions to this policy
may be made for the legitimate business needs of the department. (i.e. undercover work
SUBSTANCE TESTING SITUATIONS.
4.1 Testing Based On "Reasonable Suspicion."
When a supervisor or Command Staff member reasonably suspects that an
employ. e�y be under the influence of or impaired by a substance, the employee
shall be required to submit to a substance test. Although an employee may be
relieved of duty. any time because of such concerns, a supervisor's or manager's
decision to require a substance test must be based on specific, contemporaneous,
articulable observations concerningthe he appearance, behavior, speech, or body odors
of the employee. The supervisor or manager making the determination must have
received training in detectingthe he signs and sMtoms of substance abuse. Except in
emergency situations, the supervisor should consult with another supervisor,
Command Staff member, or representative of the Human Resources Department to
ensure that adequate grounds for reasonable suspicion exist.
4.2 Refusal to Submit to Testing.
Refusal by an employee to take a substance test when directed to do so by his/her
supervisor or manager after being advised of the basis for the reasonable suspicion and
after being allowed to consult with an Association Representative—shal} (which
consultation shall not unduly delay tag.) may be considered insubordination, and
the em to ee ma shall be relieved of duties immediately pendinginvestigation.
Refusing to take a substance test iMludes: failure to appear for the test within a
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reasonable time after being directed to do so: failure to remain at the test site until thj 6.4.a
test is complete; failure to provide adequate breath or urine for testing without a valid
medical explanation; failure to cooperate with any directions .given during the testing
process, including directions for an observed sample collection; use of a prosthetic
device that could interfere with the test; or adulteration or substitution of the test
sample. Refusal to submit to testing may result in disciplinary action up to and
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4.3 Return -to -Work and Follow -Up Testing.
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An employee who has refused to take a substance test, or who has tested positive
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for a substance, including those employees who have undergone evaluation and/or
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rehabilitation, will not be permitted to return to work until the employee has passed a
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employee complied with his/her education and/or treatment plan, and the City
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determines that the employee is fit to return to duty. When the City, in its sole
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discretion, decides to return an employee who has tested positive for drugs or alcohol is
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Ito duty, and there has not been a successful "h"l�grievance or charge of
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unfair labor practice relating to the testing process, the employee shall follow the
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treatment plan as determined by the SAP whieh ,... ay pelu eeand shall be subject to follow
Lip random drugtesting estin f�period of not more than twenty four (24)_
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months. The eeisio t allow v ,�loyee t etum t . ofk shall w, ll be ao
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shall take .,minim-umof six (6) ,- n.1a.,-, . rue tests .1,,, ing he first twelve !1 7l ihs o
and shall take additional fandam substanee tests, as reeenifflended by the SAP, fff::w
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4.4 Right to Representation.
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In all substance test situations, an employ e�y request the presence of his/her
Association representative. Association representatives shall be immediately notified at a
the outset of any substances testing situation involving bar bargaining unit member.
Although an employ. e�y later file a grievance against the direction to submit to a,
substance testing, the employee must take the test when ordered to do so. a
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At any time, the Association, upon request of the employee, will have the right to
inspect and observe any aspect of the substance testing �process with the exception of �
individual test results, provided that such inspection does not delay any testing procedure. o
The Association may inspect individual test results if the release of this information is a
authorized by the employee involved. v
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Specimen collections for drugtesting esting shall take place at Lynnwood Urgent Care E
(Immediate Clinic), 4725 196 St. SW, Lynnwood, WA 98036 during clinic hours and
after hours at Swedish Hospital Edmonds, or any other site designated by the City. Q
Employees are required to complete any necessary forms and to cooperate fully
Packet Pg. 76
DOT's Procedures for Transportation Workplace Drug and Alcohol Testing
Programs, 49 CFR Part 40 ("DOT substance testing procedures"). These procedures are
designed to ensure the interiity of the sample while maintaining employee privacy.
In certain limited circumstances, employees will be required to provide a urine sample
for testing under direct observation. Under no circumstances shall an employee's direct
supervisor serve as the collection site person.
At the employee's or the Association's option, a sample of the specimen may be
requisitioned and sent to a laboratory chosen by the Association for testing. Any request
to requisition a sample of the specimen must be made within seventy-two (72) hours of
the specimen's collection. The cost of this test will be paid by the Association or the
employee. The use or non-use of this option may not be considered as evidence in an
arbitration or other proceeding concerning the drug test or its consequences.
Any attempt to tamper with a urine sample or otherwise obstruct the testing process shall
be considered the same as testing_ positive and will result in discipline, up to and
including termination.
4.6 Test Procedures.
All substance testing shall comply with DOT substance testing procedures. These
procedures are designed to ensure the accuracy and integrity of the test results and
include screening tests, confirmation tests, chain of custody safeguards, and
appropriate privacy and confidentiality protections.
4.6.1 Drug Testing.
Drugtesting, esting during normal business hours, will normally be performed by
urinalysis at Pathology Associates Medical Lab, PO Box 2687, 20730 Bond
normal business hours shall be conducted at Swedish Hospital, 21601 76"'
Avenue West, Edmonds, WA 98026. The test involves an initial screening
performed by the enzyme multiplied immunoassay test `EMIT"). Any
positive test is then confirmed by a second test of the same sample by Gas
Chromatography/Mass Spectrometryy("GUMS"). The City's designated MRO
shall receive and interpret test results and report them to the City.
Prior to reporting a positive test result, the MRO shall give the employee
opportunity to discuss the test result. If the employee meets with the MRO
and fails to present information affecting the test result, or if the employee
refuses to meet with the MRO, the MRO will verify a positive test result and
will inform the City Human Resources Director or other designated
management representative, on a confidential basis, that the employee tested
positive. The MRO will also inform the employee at the time the test result is
verified that s/he may request a "re -test" within seven . -two 72, hours. The
"re -test" shall be performed at a different laboratory, at employ. expense
unless the employee passes the re -test.) pon request, the employee shall be
given a cop of f the positive te6liresults.
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4.6.2 Alcohol Testing.
6.4.a
Alcohol shall be tested by means of the Draeaer machine currentiv in use or
future equipment which may superseede the Dragger machine (but excluding the
P.B.T device). Draeger alcohol tests shall be conducted utilizing one of the WSP
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Dragger testing sites. The testing shall follow the protocols established for
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criminal investigations, including the requirement of two breath samples within
the proper variance. If the initial test indicates an alcohol concentration of 0.02 or
greater, a second test shall be performed to confirm the results of the initial test at
the election of the employee. The confirmatory test shall also use a 0.02 blood
alcohol concentration level to measure a positive test. If the employee declines to
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take the second confirmatory test, the first test will be used to determine alcohol
concentration.
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collected and tested at a laboratory chosen by the employee or Association for
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test. The cost of this test will be paid by the Association or the employee. A
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decision not to use this option or an employee's failure to provide the results
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obtained under this option may not be considered as evidence in an arbitration or
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other proceeding concerning the drug test or its consequences.
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workplace. According, violations of this Policy ma yll be grounds for appropriate
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disciplinary action, up to and including termination. Additionally, law enforcement
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authorities will be notified in appropriate situations.
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6. REPORTING VIOLATIONS.
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Experience indicates that individuals with substance abuse problems best respond to a)
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aqppropriate confrontation, dialogue, and notice about the impact and risks of their
situation. Therefore, an employee who is aware of substance use or behavior in a
violation of this Policy is encouraged to promptly report the behavior to c
management. To the degree possible, the reporting employee's identity will be kept
confidential.
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limitations and in accordance with the terms of its benefit programs. Employees are E
personally responsible for seeking appropriate treatment for substance dependency.
Employees who voluntarily seek treatment for substance dependencies will be allowed Q
to use personal leave and benefits as for any other illness and will not have job
security or opportunities for promoti(41 jeopardized by seeking treatment. However,
Packet Pg. 78
such employees are subject to the same prohibitions and penalties as other employees
regarding the manufacture, distribution, dispensation, possession, or use of substances
in violation of this Policy. In addition, substance -dependent employees are subject to
aqppropriate disciplinary action, including possible termination, if they do not meet
general performance standards, conduct requirements, or other conditions of
employment.
Employees who refuse to take a substance test, or who test positive for a substance in
violation of this Policy, may be given the opportunity to enter a rehabilitation program
in lieu of termination. Employees who successfully complete rehabilitation under such
circumstances may be returned to work at the City's discretion in accordance with the
return -to -work provisions of this Polio
8. RECORDS.
Records of treatment for substance dependency, substance tests, or of employees or
applicants involved in other situations related to this Policy will be maintained aby
the City as confidential medical recordsly as possible. Confidentiality of substance tests
cannot be guaranteed if testing results are used by the City in a disciplinary action. Only City
management representatives with a "need -to -know" responsibility will be made aware of
substance abuse situations or test results. No third party shall be provided with such
information without specific written authorization by the employee, except as required or
permitted by law.
9. ASSOCIATION HELD HARMLESS
The City shall be solely liable for any legalgations and costs arising out of the
provisions of this Policy and/or application of this Policy, except as otherwise provided herein.
negligent acts by the third -party contractors hired by the City to conduct the drugtesting esting under
this Policy, including failure to abide by the protocol established by this Policy; and for all
claims arising out of the implementation/administration of this drug olicy.
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6.5
City Council Agenda Item
Meeting Date: 09/19/2017
Interlocal Agreement with Edmonds School District for Meadowdale Preschool
Staff Lead: Dave Johnson
Department: Parks, Recreation & Cultural Services
Preparer: Carrie Hite
Background/History
The Council approves this each year. PPP Committee has forwarded this item to the Consent Agenda.
Staff Recommendation
Staff recommends Council approve on Consent.
Narrative
The Meadowdale Preschool provides a fun, caring, secure and positive learning environment where
children enjoy hands-on curriculum in math, science, art, writing, music and large motor activities. Open
play and structured group times provide children with opportunities to learn social, emotional, and
academic skills to prepare them for kindergarten.
The City of Edmonds has had an Interlocal Agreement for many years with the Edmonds School District
for the Meadowdale Preschool program. This most recent ILA is an extension of past agreements.
This ILA allows the Edmonds School District to place up to 3 students into the Meadowdale Preschool
program run by the Parks and Recreation Department. There is no charge to the families of these 3
students as the School District pays the enrollment fees.
Attachments:
INTERLOCAL COOPERATION AGREEMENT -Edmonds School District
Packet Pg. 80
6.5.a
rt)MO NI)S
EDMONDS SCHOOL DISTRICT NO. 15
Is 20420 — 68TH Avenue West
Lynnwood, WA 98036
SCH(DL 425-431-7000
V I-S R i C I
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
EDMONDS SCHOOL DISTRICT NO. 15
AND
CITY OF EDMONDS
Whereas, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local government units to make the
most efficient use of their powers by enabling them to cooperate with other government entities on the
basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of
governmental organizations that will accord best with geographic, economic population, and other factors
influencing the needs and development of local communities, now therefore, the following agreement is
established.
This Contract is made and entered into by and between EDMONDS SCHOOL DISTRICT NO. 15,
hereinafter referred to as the "DISTRICT", and CITY OF EDMONDS, hereinafter referred to as
"CONTRACTOR."
1. PURPOSE
The purpose of this contract is to: Provide educational services to district students as described in scope
of work.
CONTRACT MANAGEMENT
The Contract Manager for each of the parties shall be the contact person for all communications and
billings regarding the performance of this contract.
Contract Manager for CONTRACTOR is:
Contract Manager for DISTRICT is:
Contract Mgr. Name: Dave Johnson
Contract Mgr. Name: Mark Finley
Contractor Name: CITY OF EDMONDS
Department Name: Student Services
Address: 700 Main St
Address 20420 68th Ave W
City, State Zip Code: Edmonds, WA 98020
City, State Zip Code: Lynnwood, WA 98036
Phone: (425) 771-0232 Fax: (425) 771-0253
Phone: (425) 431-7177 Fax: (425) 431-7339
E-mail address: dave.johnson@edmondswa.gov
E-mail address: finleym@edmonds.wednet.edu
2. SCOPE OF WORK
The DISTRICT and CONTRACTOR have a collaborative arrangement for services to preschool
children with disabilities. This includes enrollment of preschool children with disabilities in the
CONTRACTOR preschool program. These students participate in the classroom activities and are
supported by DISTRICT special education staff. This allows students with disabilities to participate
with typically developing peers.
Packet Pg. 81
6.5.a
A. Attachment: A, attached hereto and incorporated by reference, contains the General Terms and
Conditions governing work to be performed under this contract, the nature of the working relationship
between the DISTRICT and the CONTRACTOR, and specific obligations of both parties.
3. PERIOD OF PERFORMANCE
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Subject to other contract provisions, the Period of Performance under this contract will be from
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September 1, 2017 through August 31, 2018, with the option to renew for four additional one year
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periods.
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4. COMPENSATION/ PAYMENT
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Compensation for services rendered shall be based on the schedule set forth in ATTACHMENT B, Fees
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and Expenses.
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5. EXPENSES:
The District does not cover expenses for independent contractors. Any anticipated expenses must be
included as part of the Contractor's compensation.
6. BILLING PROCEDURES
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DISTRICT will pay CONTRACTOR upon receipt of properly completed invoices, which shall be submitted
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to the contract manager not more often than monthly. The invoices shall describe and document, to the
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DISTRICT'S satisfaction, the work performed, the progress of the project, and fees.
Payment shall be considered timely if made by the DISTRICT within thirty (30) days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the CONTRACTOR.
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The DISTRICT may, in its sole discretion, terminate the contract or withhold payments claimed by the
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CONTRACTOR for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or
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condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under this contract shall
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be made by the DISTRICT.
The DISTRICT shall not pay any claims for payment for services submitted more than twelve (12) months
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after the calendar month in which the services were performed.
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DUPLICATION OF BILLED COSTS: The CONTRACTOR shall not bill the DISTRICT for services
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performed under this contract, and the DISTRICT shall not pay the CONTRACTOR, if the CONTRACTOR
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is entitled to payment or has been or will be paid by any other source, including grants, for that service.
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DISALLOWED COSTS: The CONTRACTOR is responsible for any audit exceptions or disallowed costs
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incurred by its own organization or that of its subcontractors.
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7. ASSURANCES
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DISTRICT and the CONTRACTOR agree that all activity pursuant to this contract will be in accordance
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with all the applicable current federal, state and local laws, rules, and regulations.
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8. ORDER OF PRECEDENCE
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Each of the exhibits listed below is by this reference hereby incorporated into this contract. In the event
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of an inconsistency in this contract, the inconsistency shall be resolved by giving precedence in the
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following order:
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■ Applicable Federal and state of Washington statutes and regulations;
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■ Special Terms and Conditions as contained in this basic contract instrument;
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■ Attachment A — General Terms and Conditions;
■ Attachment B — Fees & Expenses
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■ Any other provision, term or material incorporated herein by reference or otherwise incorporated.
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INTERAGENCY AGREEMENT
CONTRACTS - PRESCHOOL - EDMONDS - INTERLOCAL COOPERATION AGREEMENT 2017-18 THROUGH 2O21-22 8130117
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6.5.a
9. ENTIRE AGREEMENT
This contract, including referenced exhibits, represents all the terms and conditions agreed upon by the
parties. No other understandings or representations oral or otherwise, regarding the subject matter of this
contract shall be deemed to exist or to bind any of the parties hereto.
10. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
11. APPROVAL
This contract shall be subject to the written approval of the DISTRICT'S authorized representative and
shall not be binding until so approved. The contract may be altered, amended or waived only by a written
amendment executed by both parties.
THIS CONTRACT, consisting of 4 pages and 2 attachments, is executed by the persons signing below
who warrant that they have the authority to execute the contract.
EDMONDS SCHOOL DISTRICT NO. 15
CONTRACTOR:
Jean Mirabal, Executive Director, Student Services
(Signature)
Board Approval Date
(Printed name and title)
Jenna Valach
Director of Budget & Finance
CITY OF EDMONDS
Company Name
700 Main St, Edmonds, WA 98020
Address
425 771-0232 425 771-0253
Phone FAX
dave.johnson@edmondswa.gov
Email
FEIN or SSN WA UBI
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INTERAGENCY AGREEMENT
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6.5.a
ATTACHMENT A
GENERAL TERMS AND CONDITIONS
1. Definitions
As used throughout this Agreement, the following terms shall have the meanings set forth below:
A. "CLIENT" shall mean an individual receiving services under this Agreement.
B. "CONTRACTOR" shall mean that agency, firm, provider organization, individual or other
entity performing services under this Agreement. It shall include any subcontractor retained
by the prime contractor as permitted under the terms of this agreement.
C. "CONTRACTING OFFICER" shall mean that individual authorized to execute this
agreement on behalf of the DISTRICT.
D. "DISTRICT" shall mean the Edmonds School District, any division, section, office, unit or
other entity of the DISTRICT or any of the officers or other officials lawfully representing that
DISTRICT.
E. "PERSONAL INFORMATION" means information identifiable to any person, including, but
not limited to, information that relates to a person's name, health, finances, education,
business, use or receipt of governmental services or other activities, addresses, telephone
numbers, social security numbers, driver license numbers, other identifying numbers, and
any financial identifiers.
"SUBCONTRACTOR" shall mean one not an employee of the contractor, who is
performing all or part of those services under this Agreement under a separate contract with
the contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in
any tier.
G. VENDOR" is an entity that agrees to provide the amount and kind of services requested by
the District; provides services under the contract only to those beneficiaries individually
determined to be eligible by the District and, provides services on a fee for service or per
unit basis with contractual penalties if the entity fails to meet program performance
standards.
2. Provision of Services:
Contractor agrees to provide the amount and kind of services requested by the District; provides
services under the contract only to those beneficiaries individually determined to be eligible by the
District and, provides services on a fee -for -service or per -unit basis with contractual penalties if the
entity fails to meet program performance standard.
3. Americans with Disabilities Act (ADA) Of 1990,
Public Law 101-336, also referred to as the "ADA" 28 CFR PART 35
The contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
4. Assignment
Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the
contractor without prior written consent of the DISTRICT.
5. Background Check
At no additional cost to the district, the contractor will ensure that the contractor or any employees
who will have regularly scheduled unsupervised access to children shall require a record check
through the Washington state patrol criminal identification system under RCW 43.43.830 through
43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation before hiring an
employee. The record check shall include a fingerprint check using a complete Washington state
criminal identification fingerprint card.
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6. Certification Regarding Debarment, Suspension and Ineligibility
Contractor certifies that to the best of their knowledge/belief that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
for the award of contracts by any Federal governmental agency or department. Further, AGENCY
certifies that they are not presently indicted for or have not within a three year period proceeding this
bid been convicted of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction
or contract.
If it is later determined that the Contractor knowingly rendered an erroneous certification, in addition
to any other remedies available to the District, the District may terminate this transaction for default.
Further, it is the responsibility of the Contractor to verify that lower -tier parties to this transaction are
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded for the award of contracts by any Federal governmental agency or department.
7. Change in Status
In the event of substantive change in the legal status, organizational structure or fiscal reporting
responsibility of the contractor, contractor agrees to notify the DISTRICT of the change. Contractor
shall provide notice as soon as practicable, but no later than thirty -days after such a change takes
effect.
8. Changes and Modifications
A. The contracting officer may, at any time, by written notification to the contractor, and without
notice to any known guarantor or surety, make changes within the general scope of the
services to be performed under the contract. If the contractor agrees to such changes, a
written contract amendment reflecting such change shall be executed by the parties. An
equitable adjustment in cost or period of performance or both may be made if required by
the change. Any claim for adjustment in price or period of performance must be received
within thirty (30) days of the contractor's receipt of the change notice.
B. The contracting officer may, however, receive and act upon any such claim at any time prior
to final payment under the contract at his/her discretion.
C. Failure to agree to any adjustment made under this section shall be an issue and may be
reviewed as provided in the "Disputes" section of this agreement. Nothing in this section
shall excuse the contractor from proceeding with the contract as changed.
9. Compliance with Applicable Law
Contractor shall comply with all federal, state, and local laws applicable to public contracts, to the
work done under this Contract, and with all regulations and administrative rules established pursuant
to those law
10. Conflict of Interest
A. The DISTRICT may, in its sole discretion, by written notice to the contractor, terminate this
contract if it finds, after due notice and examination by the contracting Officer, that there is a
violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute
involving the contractor in the procurement of or performance under, this contract.
B. In the event this contract is terminated as provided above, the DISTRICT shall be entitled to
pursue the same remedies against the contractor as it could pursue in the event of a breach
of the contract by the contractor. The rights and remedies of the DISTRICT provided for in
this clause shall not be exclusive and are in addition to any other rights and remedies
provided by law. The existence of facts upon which the contracting officer makes any
determination under this clause shall be an issue and may be reviewed as provided in the
"Disputes" clause of this contract.
11. Covenant Against Contingent Fees
The contractor warrants that no person or selling agent has been employed or retained to solicit or
secure this contract upon an agreement or understanding for a commission, percentage, brokerage
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or contingent fee, excepting bonafide employees or bonafide established agent maintained by the
contractor for the purpose of securing business. The District shall have the right, in the event of
breach of this clause by the contractor, to annul this contract without liability or, in its discretion, to
deduct from the contract price or consideration or recover by other means the full amount of such
commission, percentage, brokerage or contingent fees.
12. Disputes - Mediation
A. Except as otherwise provided in this contract, when a dispute arises between the parties
and it cannot be resolved by direct negotiation, the parties agree to participate in mediation
in good faith. The mediator shall be chosen by agreement of the parties. If the parties
cannot agree on a mediator, the parties shall use a mediation service that selects the
mediator for the parties. The parties agree that mediation shall precede any action in a
judicial or quasi-judicial tribunal.
B. Nothing in this contract shall be construed to limit the parties' choice of a mutually
acceptable alternative resolution method such as a disputes hearing, a dispute resolution
board or arbitration.
13. Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
14. Employee Removal.
At District's request, Contractor will immediately remove any Contractor employee from all District
properties in cases where the District determines, in its sole discretion, that removal of that employee
is in the District's best interests.
15. Governing Law
This contract shall be construed and interpreted in accordance with the laws of the state of
Washington and the venue of any action brought hereunder shall be in Superior Court for Snohomish
County.
16. Indemnification
The Contractor shall defend, indemnify and hold harmless the District, its board of directors, officers,
employees, or agents from and against any and all claims, liabilities and expenses, including
attorney's fees, arising out of or resulting from any injuries to persons (including death) or damage to
property arising from acts or omissions of the Contractor, its employees, agents or subcontractors,
however caused.
17. Insurance
The Contractor shall purchase and maintain at its own cost in a company or companies licensed and
admitted to do business in the State of Washington such comprehensive general liability and other
insurance, on an occurrence basis, and as will provide protection from claims set forth below which
may arise out of or result from the Contractor's operations under the contract, whether to be
performed or furnished by the Contractor, by any subcontractor, by anyone directly or indirectly
employed by any of them to perform or furnish any of the products or services, or by anyone for
whose acts any of them may be liable.
Edmonds School District No. 15 shall be named as a primary, non-contributing additional insured on
such policies other than state workers' compensation. The District's specification or approval of this
insurance or of its amount shall not relieve or decrease the liability of the Contractor under this
contract or otherwise. Policies shall contain a provision that the District shall be given 30 days written
notice by certified mail before cancellation of any insurance or reduction of the amount thereof, or any
alteration, modification or restriction thereto. Upon acceptance of contract and prior to any work
being performed, a certificate of insurance with additional insured endorsement attached shall be
mailed to:
Edmonds School District No. 15
Attn: Risk Management
20420 68th Ave W
Lynnwood, WA 98036-7400
Or sent via email to: RiskMgmt@edmonds.wednet.edu
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REQUIRED COVERAGE:
A. Claims under workers' or workmen's compensation, disability benefits and other similar
employee benefit acts, including Contingent Employers Liability (Stop Gap);
B. Claims for damages because of bodily injury, occupational sickness or disease, or death of
the Contractor's employees;
C. Claims for damages because of bodily injury, sickness or disease, or death of any person
other than the Contractor's employees;
D. Claims for damages insured by personal injury liability coverage which are sustained (a) by
any person as a result of an offense directly or indirectly related to the employment of such
person by the Contractor, or (b) by any other person for any other reason. Claims for
damages, other than to the products or services themselves, because of injury to or
destruction of tangible property wherever located, including loss of use resulting therefrom;
E. Claims arising out of operation of Laws or Regulations for damages because of bodily injury
or death of any person or for damage to property;
F. Claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle, including coverage for
Owned Motor Vehicles, Non -Owned Motor Vehicles and Hired or Borrowed Motor Vehicles;
G. Comprehensive General Liability;
H. Blanket Contractual Liability;
I. Comprehensive Auto Liability; and
J. Claims for damages arising out of the contractor's errors and omissions while performing
professional services
K. These required coverage shall be written for not less than the following (or greater if
required by law):
Worker's Compensation:
State: Statutory
$500,000
Employer's Liability:
Comprehensive General Liability
(including Premises -Operations;
Bodily Injury; Property
$1,000,000
$2,000,000
Independent Contractor's Protective;
Damage; Combined
Each
Aggregate
Products and Completed Operations;
Single Limit:
Occurrence
Broad -Form Property Damage):
Bodily Injury; Property
$1,000,000
000
Damage; Combined
Each
ate
Aggregate
Aggre
Single Limit:
Occurrence
Blanket Contractual Liability:
Personal Injury, with
$1,000,000
000
Employment Exclusion
Each
Aggre
Aggregate
Deleted:
Occurrence
Bodily Injury; Property
$1,000,000
000
Comprehensive Automobile Liability:
Damage; Combined
Each
Aggregate
Aggregate
Single Limit:
Occurrence
Damages arising out of
the contractor's errors and
Professional Errors and Omissions
$1,000,000
$2,000,000
Liability
omissions while
Each
Aggregate
performing professional
Occurrence
services
18. Independent Capacity
The parties intend that an independent contractor relationship will be created by this contract. The
contractor and his or her employees or agents performing under this contract are not employees or
agents of the District. The contractor will not hold himself/herself out as nor claim to be an officer or
employee of the District by reason hereof, nor will the contractor make any claim of right, privilege or
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benefit that would accrue to such employee under law. Conduct and control of the work will be solely
with the contractor.
Industrial Insurance Cove
A. The contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the
contractor fails to provide industrial insurance coverage or fails to pay premiums or
penalties on behalf of its employees as may be required by law, the District may collect
from the contractor the full amount payable to the Industrial Insurance accident fund. The
District may:
B. Deduct the amount owed by the contractor to the accident fund from the amount payable to
the contractor by District under this contract; and
C. Transmit the deducted amount to the Department of Labor and Industries (L&I), Division of
Insurance Services.
D. This provision does not waive any of L&I's rights to collect from the contractor.
19. Licensing and Accreditation Standards
The contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements/standards, necessary in the performance of this contract.
20. Limitation of Authority
Only the contracting officer or his/her delegate by writing (delegation to be made prior to action) shall
have the express, implied or apparent authority to alter, amend, modify or waive any clause or
condition of this contract. Furthermore, any alteration, amendment, modification or waiver of any
clause or condition of this contract is not effective or binding unless made in writing and signed by the
contracting officer.
21. Nondiscrimination
During the performance of this contract, the contractor shall comply with all federal and state
nondiscrimination laws, regulations and policies. In the event of the contractor's noncompliance or
refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded,
canceled or terminated in whole or in part, and the contractor may be declared ineligible for further
contracts with the District. The contractor shall, however, be given a reasonable time in which to cure
this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set
forth herein.
22. Overpayments and Assertion of Lien
In the event that the District establishes overpayments or erroneous payments made to the contractor
under this contract, the District may secure repayment, plus interest, if any, through the filing of a lien
against the contractor's real property or by requiring the posting of a bond, assignment of deposit or
some other form of security acceptable to the District or by doing both.
23. Ownership of Work Products.
Contractor agrees that any and all goods or services provided by or developed for District are
intended as "works made for hire" by Contractor for District. As a work made for hire, all work
products (including intellectual property) created by the Contractor, as part of Contractor's
performance under this Contract shall be the exclusive property of the District. If any such work
products contain Contractor's intellectual property that is or could be protected by federal copyright,
patent, or trademark laws, Contractor hereby grants District a perpetual, royalty -free, fully -paid, non-
exclusive, and irrevocable license to copy, reproduce, deliver, publish, perform, dispose of, and use
or re -use, in whole or in part, and to authorize others to do so, all such work products. District shall
have no right in any pre-existing work product of Contractor provided to District by Contractor in the
performance of this Contract, except to copy, use, or re -use any such work product for District use
only.
24. Privacy
A. This provision is required by statute. As required by the 20 USC 1232(g) (Family
Educational Rights and Privacy Act, "FERPA"), and RCW 28A.605.030, Contractor shall not
disclose any information or records regarding students or their families that Contractor may
learn or obtain in the course and scope of its performance of this Contract
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B. FERPA Re -disclosure. The parties recognize that FERPA imposes strict penalties for
improper disclosure or re -disclosure of confidential student information, including but not
limited to denial of access to personally identifiable information ("PII") from education
records for at least five years (34 CFR 99.33(e)). Therefore, consistent with FERPA's
requirements, PH obtained by Contractor in the performance of this Contract may not be re -
disclosed to third parties without the written consent of the student's parent/guardian and
must be used only for the purposes identified in this Contract
C. Personal information collected, used or acquired in connection with this contract shall be
used solely for the purposes of this contract. Contractor and its subcontractors agree not to
release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons
personal information without the express written consent of the agency or as provided by
law.
D. Contractor agrees to implement physical, electronic and managerial safeguards to prevent
unauthorized access to personal information.
E. The District reserves the rights to monitor, audit or investigate the use of personal
information collected, used or acquired by the contractor through this contract. The
monitoring, auditing or investigating may include but is not limited to "salting" by the District.
Contractor shall certify the return or destruction of all personal information upon expiration
of this contract. Salting is the act of placing a record containing unique but false information
in a database that can be used later to identify inappropriate disclosure of data contained in
the database.
F. Any breach of this provision may result in termination of the contract and the demand for
return of all personal information. The contractor agrees to indemnify and hold harmless
the District for any damages related to the contractor's unauthorized use of personal
information.
G. For the purposes of this provision, personal information includes but is not limited to
information identifiable to an individual that relates to a natural person's health, finances,
education, business, use or receipt of governmental services or other activities, names,
addresses, telephone numbers, social security numbers, driver license numbers, financial
profiles, credit card numbers, financial identifiers and other identifying numbers.
25. Records, Documents, and Reports
Contractor agrees that District and its authorized representatives are entitled to review all Contractor
books, documents, papers, plans, and records, electronic or otherwise ("Records"), directly pertinent
to this Contract for the purpose of making audit, examination, excerpts, and transcripts. The
contractor shall maintain all books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this contract. Contractor shall retain such records for a period
of six years following the date of final payment. At no additional cost, these records, including
materials generated under the contract, shall be subject at all reasonable times to inspection, review
or audit by the District, personnel duly authorized by the District, the Office of the State Auditor, and
federal and state officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims or audit findings involving the records have been resolved.
26. Registration with Department of Revenue
The contractor shall complete registration with the Department of Revenue, General Administration
Building, Olympia WA 98504, and be responsible for payment of all taxes due on payments made
under this contract.
27. Right of Inspection
The contractor shall provide right of access to its facilities to the District or any of its officers at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this contract on behalf of the District. All inspections and evaluations shall be
performed in such a manner that will not unduly interfere with the contractor's business or work
hereunder.
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28. Rights in Data
A. Unless otherwise provided, data that originates from this contract shall be "works for hire"
as defined by the U.S. Copyright Act of 1976 and shall be owned by the District. Data shall
include, but not be limited to, reports, documents, pamphlets, advertisements, books,
magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions.
Ownership includes the right to copyright, patent, register and the ability to transfer these
rights.
B. Data that is delivered under the contract, but that does not originate there from, shall be
transferred to the District with a nonexclusive, royalty free, irrevocable license to publish,
translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided
that such license shall be limited to the extent that the contractor has a right to grant such a
license.
C. The contractor shall exert all reasonable effort to advise the District, at the time of delivery
of data furnished under this agreement, of all known or potential invasions of privacy
contained therein and of any portion of such document, which was not produced in the
performance of this agreement.
D. The District shall receive prompt written notice of each notice or claim or copyright
infringement received by the contractor with respect to any data delivered under this
agreement. The District shall have the right to modify or remove any restrictive markings
placed upon the data by the contractor.
29. Safeguarding of Information
The contractor shall not use or disclose any:
A. Personal Information gained by reason of this contract or:
B. Information that may be classified as confidential for any purpose not directly connected
with the administration of this contract except (1) with prior written consent of the District or
(2) as may be required by law. The contractor shall safeguard such information and shall
return or certify destruction of the information upon contract expiration or termination.
30. Savings
In the event funding from state, federal or other sources is withdrawn, reduced or limited in any way
after the effective date of this contract and prior to normal completion, the District may terminate the
contract under the "Termination for Convenience" clause, without advance notice, subject to
renegotiation at the District's discretion under those new funding limitations and conditions.
31. Security
Any disclosure or removal of any District matter or property by Contractor shall be cause for
immediate termination of this Contract. Contractor shall bear sole responsibility for any liability
including, but not limited to attorneys' fees, resulting from any action or suit brought against District as
a result of Contractor's willful or negligent release of information, documents, or property contained in
or on District property. District hereby deems all information, documents, and property contained in or
on District property privileged and confidential.
32. Severability
If any provision of this contract or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this contract that can be given effect
without the invalid provision, if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this contract, and to this end the provisions of this contract are declared
to be severable.
33. Subcontracting
Neither the contractor nor any Subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the District. In no event
shall the existence of the subcontract operate to release or reduce the liability of the contractor to the
District for any breach in the performance of the contractor's duties.
This clause does not include contracts of employment between the contractor and personnel
assigned to work under this contract.
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34. Termination for Convenience
Except as otherwise provided in this contract, the contracting officer may, by ten (10) days written
notice, beginning on the second day after the mailing, terminate this contract in whole or in part. If
this contract is so terminated, the District shall be liable only for payment required under the terms of
this INTERAGENCY AGREEMENT rendered or goods delivered prior to the effective date of
termination.
35. Termination for Default
A. The contracting officer may terminate this contract for default, in whole or in part, by written
notice to the contractor if the District has a reasonable basis to believe that the contractor has
1. Failed to meet or maintain any requirement for contracting with the District;
2. Failed to ensure the health or safety of any client for whom services are being provided
under this contract;
3. Failed to perform under or otherwise breached, any term or condition of this contract;
and/or
4. Violated any applicable law or regulation.
B. If it is later determined that the contractor was not in default, the termination shall be
considered a termination for convenience.
36. Termination Procedure
A. Upon termination of this contract, the District, in addition to any other rights provided in this
contract, may require the contractor to deliver to the District any property specifically produced
or acquired for the performance of such part of this agreement as has been terminated. The
provisions of the "Treatment of Assets" clause shall apply in such property transfer.
B. The District shall pay to the contractor the agreed upon price, if separately stated, for
completed work and services accepted by the District and the amount agreed upon by the
contractor and the contracting officer for (a) completed work and services for which no separate
price is stated, (b) partially completed work and services, (c) other property or services that are
accepted by the District, and (d) the protection and preservation of the property, unless the
termination is for default, in which case the contracting officer shall determine the extent of the
liability of the District. Failure to agree with such determination shall be a dispute within the
meaning of the "Disputes" clause of this agreement.
C. The District may withhold from any amounts due the contractor for such completed work or
services such sum as the contracting officer determines to be necessary to protect the District
against potential loss or liability.
D. The rights and remedies of the District provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this agreement.
E. After receipt of a notice of termination, and except as otherwise directed by the contracting
officer, the contractor shall:
F. Stop work under the agreement on the date and to the extent specified in the notice;
G. Place no further orders or subcontracts for materials, services or facilities except as necessary
to complete such portion of the work not terminated;
H. Assign to the District, in the manner, at the times, and to the extent directed by the contracting
officer, all of the rights, titles, and interest of the contractor under the orders and subcontracts in
which case the District has the right, at its discretion, to settle or pay any or all claims arising
out of the termination of such orders and subcontracts.
I. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the contracting officer to the extent he/she may
require, which approval or ratification shall be final for all the purposes of this clause;
J. Transfer title to the District and deliver, in the manner, at the times and to the extent as directed
by the contracting officer, any property which, if the contract had been completed, would have
been required to be furnished to the District;
K. Complete performance of such part of the work not terminated by the contracting officer; and,
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Take such action as may be necessary or as the contracting officer may direct, for the
protection and preservation of the property related to this agreement that is in the possession of
the contractor and in which the District has or may acquire an interest.
37. Treatment of Assets
A. Title to all property financed or furnished by the District shall remain in the District. Title to all
property purchased by the contractor, for which the contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in the District upon delivery of such
property to the contractor. Title to other property, the cost of which is reimbursable to the
contractor under the contract, shall pass to and vest in the District upon (i) issuance for use of
such property in the performance of this contract or (ii) commencement of use of such property
in the performance of this contract or (iii) reimbursement of the cost thereof by the District in
whole or in part, whichever first occurs.
B. Any property of the District furnished to the contractor shall, unless otherwise provided herein
or approved by the District, be used only for the performance of this contract.
C. The contractor shall be responsible for any loss or damage to property of the District that
results from the negligence of the contractor or that results from the failure on the part of the
contractor to maintain and administer that property in accordance with sound management
practices.
D. If any District property is lost, destroyed or damaged, the contractor shall notify the District and
shall take all reasonable steps to protect the property from further damage.
E. The contractor shall surrender to the District all property of the District prior to settlement upon
completion, termination or cancellation of this agreement.
F. All reference to the contractor under this clause shall include contractor's employees, agents or
subcontractors.
38. Waiver of Default
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Waiver shall not be construed to be a modification of the terms of the contract unless stated
to be such in writing, signed by the contracting officer of the District.
39. Work Performed on District Property
Contractor shall comply with the following:
A. Identification: When performing work on District property, Contractor shall be in full uniform at
all times. Uniforms must include shirt with attached Contractor company identification. All such
persons must also carry photo identification and must present it to any District personnel upon
request. If Contractor cannot produce such identification or if the identification is unacceptable
to District, District may provide at its sole discretion, District -produced identification tags to
Contractor, costs to be borne by Contractor. If Contractor does not have a specific uniform for
its employees, then Contractor shall provide identification tags as described above and/or any
other mechanism the District in its sole discretion determines is required to easily and
appropriately identify Contractors.
B. Sign -in Required: As required by schools and other District locations, each day Contractor's
employees are present on District property, those employees must sign into the location's main
office to receive an in -school identification/visitors tag. Contractor's employees must display
this tag on their person at all times while on District property.
C. No Smoking: All District properties are tobacco -free zones; Contractor is prohibited from using
any tobacco product on District property.
D. No Drugs: All District properties are drug -free.
E. No Weapons or Firearms: Except as provided by statute and District policy, all District
properties are weapons- and firearms -free zones; Contractor is prohibited from possessing on
its persons or in its vehicles any weapons or firearms while on District property.
F. Unsupervised Contact with Students
INTERAGENCY AGREEMENT Rev 8/2/11 Page 12 of 14
Terms and Conditions
Packet Pg. 92
6.5.a
G. This provision is required by statute. "Unsupervised contact' with students means contact that
provides the person opportunity and probability for personal communication or touch with
students when not under direct District supervision. As required by RCW 28A.400.303,
Contractor shall ensure that Contractor, any subcontractors, and their officers, employees, and
agents will have no direct, unsupervised contact with students while on District property.
Contractor will work with District to ensure compliance with this requirement. If Contractor is
unable to ensure through a security plan that none of its officers, employees, or agents or those
of its subcontractors will have direct, unsupervised contact with students in a particular
circumstance or circumstances, Contractor shall notify District before beginning any work that
could result is such contact. Contractor authorizes District to obtain information about
Contractor and its history and to conduct a criminal background check, including fingerprinting,
of any Contractor officers, employees, or agents who will have unsupervised contact with
students. Contractor shall cause its employees and/or subcontractors, if any, to authorize
District to conduct these background checks. Contractor shall pay all fees for processing the
background check. District may deduct the cost of such fees from a progress or final payment
to Contractor under this Contract, unless Contractor elects to pay such fees directly.
INTERAGENCY AGREEMENT Rev 8/2/11 Page 13 of 14
Terms and Conditions
Packet Pg. 93
6.5.a
ATTACHMENT B FEES AND EXPENSES
Tuition based on the following level of services:
Annual tuition cost of approximately $2, 650 per student, pro -rated for partial year enrollment,
with variations due to specific days and times, plus possible one time fees for registration and
supplies.
Anticipated enrollment is 3 students. Total contract amount may change based on changes in
enrollment. All enrollment changes must be approved by District through the IEP process.
Interagency Agreement Rev 8/2/11 Page 14 of 14
ATTACHMENT B — FEES AND EXPENSES
Packet Pg. 94
7.1
City Council Agenda Item
Meeting Date: 09/19/2017
Indigenous Peoples Day Resolution (10 min)
Staff Lead: Patrick Doherty
Department: Community Services
Preparer: Patrick Doherty
Background/History
The Edmonds Diversity Commission has been discussing a proposal for the City to proclaim that the
second Monday in October be recognized as both Columbus Day and Indigenous Peoples Day starting
this year. Columbus Day is observed as a federal holiday, established by order of President Roosevelt in
1937, and is officially recognized by some cities and states around the country on the second Monday of
October, although is not an official City of Edmonds holiday. Columbus Day provides an opportunity to
reflect on the colonization of North America by Europeans and the development over the past 500-plus
years of a unique, diverse and complex civilization unlike that of other parts of the world. However, it is
recognized that the European colonization of North America also led to the suppression, forced
assimilation, and genocide of Indigenous Peoples and their cultures. For this reason many cities in the
nation, including Lynnwood, Seattle, Bainbridge Island, Spokane and Yakima in Washington, and Boston,
Los Angeles, Portland and other national cities, have designated the second Monday in October as
Indigenous Peoples Day.
Attached is a map of the historic distribution of Coast Salish peoples by cultural/linguistic groups
throughout our region, including Edmonds, where traditionally the Southern Lushootseed
cultural/linguistic group of the Coast Salish peoples resided, traded, hunted, fished and traveled.
Staff Recommendation
Approve Resolution proclaiming that the second Monday in October be known as both Columbus Day
and Indigenous Peoples Day in Edmonds.
Narrative
At its meeting of September 6, 2017 the Edmonds Diversity Commission unanimously approved a draft
Resolution (attached here) that would recognize the second Monday in October as both Columbus Day
and Indigenous Peoples Day in the City of Edmonds. In addition to the traditional recognition of
Columbus's arrival in the Americas and the European colonization of this country, this accompanying
recognition of Indigenous Peoples allows for a more balanced representation of our region's cultural
history and constitutes a small act of restitution for the hardships endured by Indigenous Peoples since
the onset of European colonization of the Americas.
On September 12, 2017 the Public Safety and Personnel Committee of the City Council reviewed the
proposed Resolution and agreed to forward it to the September 19, 2017 regular Council meeting for
approval.
Packet Pg. 95
7.1
Attachments:
DRAFT INDIGENOUS PEOPLES DAY —final draft
map of coast salish peoples
Packet Pg. 96
7.1.a
RESOLUTION NO.
A RESOLUTION DECLARING THAT THE SECOND
MONDAY IN OCTOBER WILL BE KNOWN AS BOTH
COLUMBUS DAY AND INDIGENOUS PEOPLES DAY
IN THE CITY OF EDMONDS.
WHEREAS, Columbus Day is observed as a federal holiday, established by order of
President Roosevelt in 1937, and is officially recognized by some cities and states around
the country on the second Monday of October, although is not an official City of Edmonds
holiday; and
WHEREAS, Columbus Day provides an opportunity to reflect on the colonization of
North America by Europeans and the development over the past 500-plus years of a
unique, diverse and complex civilization unlike that of other parts of the world; and
WHEREAS, the European colonization of North America also led to the suppression,
forced assimilation, and genocide of Indigenous Peoples and their cultures; and
WHEREAS, Indigenous Coast Salish peoples, including Tulalip, Suquamish,
Stillaguamish, Lummi, and other tribes, inhabited the Puget Sound region that
encompasses the shorelands and uplands of Edmonds for thousands of years, using the
area now known as Edmonds to harvest salmon, shellfish and land -based resources,
WHEREAS, Indigenous Peoples of the Puget Sound region enjoyed and exhibited a
rich, diverse culture and enduring spirit that continues to be present and celebrated to this
day in Edmonds and throughout the region; and
WHEREAS, Indigenous culture is enshrined in sovereign tribal nations throughout
the region, memorialized in case law that recognizes historic fishing and water rights, and
is celebrated and recounted in the statewide "Since Time Immemorial" curriculum required
since 2015 in the public schools; and
WHEREAS, the City of Edmonds values the historic and contemporary
contributions made to this community by all our region's past and present Indigenous
Peoples; and
1
Packet Pg. 97
7.1.a
WHEREAS, Indigenous Peoples' Day was first proposed in 1977 by a delegation of
Native Nations to the United Nations sponsored International Conference on
Discrimination Against Indigenous Populations in the Americas; and
WHEREAS, in 2011 the Affiliated Tribes of Northwest Indians, representing 59
Tribes from Washington, Oregon, Idaho, Northern California, Western Montana and some
Alaskan Tribes, passed resolution #11-57:"Support to Change Columbus Day (2nd Monday
of October) to Indigenous Peoples' Day"; and
WHEREAS, other cities and states around the nation, including such regional
jurisdictions as Lynnwood, Seattle, Bainbridge Island, Spokane and Yakima, have acted to
proclaim the second Monday in October as Indigenous Peoples Day; and
WHEREAS, the celebration of Columbus Day represents only a part of the history of
this country's and region's cultural evolution; and
WHEREAS, officially recognizing Indigenous Peoples on the second Monday of
October would help provide a more balanced representation of our region's cultural
history and constitute a small act of restitution for the hardships endured by Indigenous
Peoples since the onset of European colonization of the Americas; and
WHEREAS, the residents and elected leaders of the City of Edmonds embrace an
open and affirming community that celebrates diversity and rejects oppression of minority
peoples, including Indigenous Peoples; and
WHEREAS, the City of Edmonds is committed to promoting respect for, and
understanding of, the region's indigenous community, their long history, and their
continuing contribution to contemporary society.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDMONDS, AND THE MAYOR CONCURRING, THAT:
Section 1. The second Monday in October, currently recognized as a federal holiday known
as Columbus Day, will also be known in the City of Edmonds as Indigenous Peoples Day.
2
Packet Pg. 98
7.1.a
Section 2. The City Council and Mayor encourage residents, businesses, organizations and
public institutions in Edmonds also to memorialize and celebrate Indigenous Peoples on
the second Monday of October.
Section 3. The City Council and Mayor encourage residents, businesses, organizations and
public institutions in Edmonds to take steps to acquire a more complete and balanced
history of this continent's and region's development since the arrival of European settlers,
including an understanding of the contributions made by Indigenous Peoples, together
with the hardships and sacrifices endured by Indigenous Peoples.
RESOLVED this day of September, 2017,
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED:
MAYOR, DAVID 0. EARLING
3
Packet Pg. 99
7.1.b
Map of Coast Salish Peoples by Cultural/Linguistic Groups
Homalco
�I
MAINLAND
Tait
H Tsleil-Waututh Milliken:.
`ov, N01 Kwikwetlem
�ra-tie n (Coquitlam)
icum C`o. �� H A L K O M E L E M
84, mish Katzie c�
Vancouver \ Chehalis
se Mus ueam;• ` Leq'a:mel t: N naimo q Sto:lo
Snuneym • Pilalt
Marpole Chilliwack
Che u� Tsaen Sumas CANADA
S iahmoo Nooksack UNITED STATES
r Quw'uen t NOOKSACK
(Cowich *.Sucia Islan mmi
� Bellingham
q
tiv l) Malaha ` uwhaha Skagit R""`'r
hi
ch
Songhees % , f pper Skagit
st�Q/fo E aanica' L I t Swinomish NORTHERN
l�4Qri Victoria twi wuc.. Sauk
-Suiattle
• P PlIca Skagit
skwi'kwlkwab� �•xwceda'b
AH Tse-whit-zen Port Angeles Stillaguamish
Lower•&* LUSHOOTSEED
Elwha Klallam Jamestown Tulalip
S'Klallam Snohomish
S'KLALLAM
Port Gamble Skykomish
Q U I L L E U T E S'Klallam�
T W A N A h
Suquart�* ttlC Snoqualmie
QUINAULT d lsh
t R N
i Puyallup
d Tacoma
ikilacoom
)WER QwulgwesA •
USHOOTSEED
Olympia
Nisqually
UPPER
Chehalis
C H E H A L I S
HALTS
COWLITZ
Cowlitz
• City/town
OCoast Salish territories
• • • • International border
Archaeological site
C O M O X Coast Salish languages
Q
Packet Pg. 100
7.2
City Council Agenda Item
Meeting Date: 09/19/2017
Edmonds Veteran's Plaza Update and Request (15 min)
Staff Lead: Carrie Hite
Department: Parks, Recreation & Cultural Services
Preparer: Carrie Hite
Background/History
On January 20, 2015, Council approved the concept for the Veterans Plaza.
On August 2, 2016, Council authorized the Mayor to sign the revised Goods & Materials Agreement for
the procurement of stone cladding, paving and site furnishings for the Edmonds Veterans Plaza from
Coldspring.
On August 23, 2016, Council authorized the Mayor to sign a Change Authorization for the Goods &
Materials Agreement for the procurement of stone cladding, paving and site furnishings for the
Edmonds Veterans Plaza from Coldspring.
On September 6, 2016, Council rejected bids for the Edmonds Veterans Plaza.
On Dec 13, 2016, Council awarded the bid for the Veterans Plaza Project.
On Dec. 13, 2016, Council approved $4000 towards the project from Council contingency fund.
On April 25, 2017, Council authorized $71,000 towards the project from REET 2 balance.
On September 12, 2017, the PPP committee forwarded this to full Council for review.
Staff Recommendation
Be briefed on project and authorize additional funds of $41,000.
Narrative
The Edmonds Veterans Plaza is a community project to support, create and build memorials to
Edmond's military veterans. The project provides site improvements and enhancements to the
existing City of Edmonds Municipal Court Plaza and immediate surroundings. It includes a new
stone -clad wall with two waterfall feature elements, related mechanical, plumbing and electrical
work, new paving, walls, stairs and handrails, new site furnishings and lighting, modifications to
existing planting and irrigation, minor modifications to the existing parking lot and new utility
connections.
The project costs are being funded by the Edmonds Veteran Plaza Fund.
The Plaza Committee has raised a total of $568,710, filling the gap from the discrepancy that
was evident in December when the bid was awarded. This was enough to cover the original
construction contract with KA Construction with a 10% contingency. As is common during
construction, there are several unknowns and changes that come about. Following is a
description of difficulties and changes we have encountered so far on this project.
Packet Pg. 101
7.2
This request is to cover several additional changes to the project.
Electrical Service
-Plaza electrical service will require an additional $20,000 including tax.
-On 4/10/17 it was determined that the electrical power supply from the Public Safety Building
was insufficient for the Veterans Plaza. The cost estimate for the previous City Council
funding request on 4/25/17 was based upon conceptual drawings. The City did not receive
final drawings from the consultant until 5/23/17.
-The General Contractor was unable to provide a reasonably priced, accurately scoped, well
documented proposal for Plaza electrical service. An new electrical contractor is being
brought under contract after a request for quotes from the Small Works roster.
Mechanical Vault
-A vault for the mechanical equipment will require an additional $11,000 including tax.
-Currently the mechanical equipment for the fountain is not secured in a lockable vault, valve
shut offs are difficult to access and the filter tank lid is below the surrounding grade. The
new vault design will resolve these issues.
Engineering staff time
Because we have had some difficulty with paperwork and change orders with the
contractor, and the issuance of an additional bid for the electrical have added time to the
engineering staff budget.
City staff have communicated with the Veteran's Plaza Committee, and they are currently
fundraising for the informational kiosk. These additional costs outlined here, a lot of which are
due to contractor issues, and/or the City's requests, add $31,000 to the cost of the project. This
can be funded out of the REET 2 balance.
Attachments:
Veterans Budget Summary Revised - 09-14-17
Packet Pg. 102
7.2.a
Veterans Plaza Budget Summary
9/14/2017
Contract Number: E6MA/c480
Funding
Funding Totals
Edmonds Veterans Plaza Fund as of 7/21/17
$466,120.00
Edmonds Veterans Plaza Fund - 2nd Round of Paver Installations
$1,300.00
State Department of Commerce
$74,690.00
City Parks 132 (includes 30k for const, and 15K for engineering staff time)
$45,000.00
Council Contingency Fund
$4,000.00
Additional budget authority from Council needed: includes 25K eng staff
$71,000.00
April 25th Council Session
Snohomish County Small Partners Grant
$5,000.00
Additional budget authority from Council needed
$41,000.00
September 19th Council Session
Total Funding
$708,110.00
Consultant Expenses
Expense Totals
Status
Site Workshop - Design
$55,550.00
Approved
Site Workshop - Additional Electrical Design
$5,000.00
Approved
Site Workshop - Additional Construction Support
$12,500.00
Approved
Krazan - Materials Testing, Task Order 2
$2,031.40
Approved
Krazan - Materials Testing, Task Order 3
$1,966.05
Approved
Krazan - Materials Testing, Task Order 4
$1,217.45
Approved
Total Consultant Expenses
$78,264.90
Owner Furnished Expenses
Expense Totals
Status
Stone Materials - Coldspring
$145,155.60
Tax & Freight Included
Benches & Plaques
$24,235.92
Tax & Freight Included
Dog Statue
1 $9,000.001
Tax & Freight Included
Total Owner Furnished Expenses
$178,391.52
Change Proposals
Change Proposal
Totals
Status
CP #1 - Concrete Demo & Restoration Utility Corridor
$1,557.33
Approved C/O #3
CP #2 - Sidewalk Near Seat Wall
$137.79
Approved C/O #3
CP #3 - Demo Near Veterans Wall
$3,725.99
Approved C/O #1
CP #4 - Electrical Conduits Centennial Plaza, Flagpole & Sign Lighting
$4,000.00
Estimate - Force Account
CP #5 - Drain Provisons for Circular Plaza
$870.21
Approved C/O #2
CP #6 - Bench Slabs
$5,357.20
Approved C/O #1
CP #7 - Drinking Fountain Waterline
$2,900.00
Estimate - Force Account
CP 98 - Light Pole Footing
$3,752.44
Approved C/O #2
CP #9 - Sidewalk at North End of Paver Plaza
$1,639.78
Approved C/O #3
CP #10 - Meter and Electrical Panel Box
$0.00
Canceled
CP #11 - Deductive Change for Dog Statue Plinth
-$200.00
Estimate
CP #12 - Drain Rock in Landscape Beds
$1,800.00
Approved C/O #2
CP #13 - Delete Colored Concrete
-$200.00
Estimate
CP #14 - Boxes for Irrigation Wiring
$1,034.88
Approved C/O #3
CP #15 - Gate Valves
$500.74
Approved C/O #2
CP #16 - Deletion of Grout Requirements in Portions of Veterans Wall
-$300.00
Estimate
Change Order No. 1, Exhibit A Page 1 of 1 Printed: 9/14/2017
Packet Pg. 103
7.2.a
CP #17 - Electrical Lines for new service and 120V circuits
$0.00
Canceled
CP #18 - Downsizing Water Feature Pumps
-$150.00
C/O #4
CP #19 - Filter Tank Vault
$10,200.00
Estimate
CP #20 - Yew Trees
$500.00
Approved C/O #3
CP #21 - Forklift Rental for Weir Piece
$1,000.00
Estimate
CP #22 - General Contractor Support for Electrical Work
$4,500.00
Estimate
CP #23 - Deletion of Electrical Requirements for Public Safety Building
-$1,496.20
Proposal
CP #24 - Installation of Second Round of Engraved Pavers
$1,300.00
Estimate
Total Change Proposals
$41,130.16
Sales Tax 10.3%
$4,236.41
Total Change Pro osals Plus Tax
$45,368.57
Construction Expenses
Expense Totals
K-A General Construction Contract Award
$264,998.11
CLK Construction Contract Award(pending)
$22,808.00
Total Construction Expenses
$287,806.11
Sales Tax @ 10.3%
$29,644.03
Total Construction Expenses Plus Tax
$317,450.14
City Expenses
Expense Totals
Status
Engineering Staff Time (Thru 8/31)
$46,175.14
Engineering Overhead (Thru 8/31)
$8,268.53
Estimated Additional Engineering Staff Time
$3,406.00
Utility Fees (Water & Sewer)
$8,175.00
Drmking Fountain Water Line Review
$12.00
Drmking Fountain Plaque (including tax)
$242.63
Stone Bench Engraving - Quiring Monuments
$770.00
Drmking Fountain
$6,061.30
Purchased
Drinking Fountain Slab
$500.00
Estimate
PUD Electrical Service
$4,172.00
C-N-I Locates
$170.00
Permit & ROW Fees
$1,918.50
Bid Advertising
$1,695.01
Total City Expenses
$81,566.11
Project Expenses
Total Project Expenses
$701,041.24
Budget Summary
Total Project Funding
$708,110.00
Project Expenses
$701,041.24
Management Reserve
$7,068.76
Post Project Expenses
Status
Veterans Resource Kiosk
$20,000.00
Quote
Kiosk Pavers
$1,300.00
Estimate
Total Post Project Expenses
$21,300.00
Change Order No.1, Exhibit A Page 1 of 2 Printed: 9/14/2017
Packet Pg. 104
8.1
City Council Agenda Item
Meeting Date: 09/19/2017
Critical Areas Ordinance Report (15 min.)
Staff Lead: Kernen Lien
Department: Planning Division
Preparer: Kernen Lien
Background/History
Edmonds Community Development Code (ECDC) 23.40.055 requires reports to the City Council during
the first and third quarter of each year. ECDC 23.40.055 provides that:
The director will provide a report to the city council during the first and third quarter each year,
summarizing critical area decisions that have been made since the previous report. The report will
include information such as the number and type of critical area decisions that have been made,
including information on buffers and enhancements approved for each applicable decision, a description
of each approved restoration project, and other information specifically requested by the council
following the previous report.
This is the second critical area report to the City Council with the last report given on March 14, 2016.
Staff Recommendation
N/A
Narrative
Department of Commerce: Critical Areas Assistance Handbook - Monitoring and Adaptive Management
In June, the Washington State Department of Commerce made available a DRAFT Monitoring and
Adaptive Management Chapter to their Critical Area Assistance Handbook for review and comment.
The draft Monitoring and Adaptive Management Chapter identifies three levels of monitoring:
Permit implementation monitoring asks: (1) whether the local government issued a permit consistent
with the regulations; and (2) did the projects as built comply with all of the conditions noted in the
permit. Data is about individual permits.
Effectiveness monitoring continues to ask the two permit implementation monitoring questions noted
above over a longer period of time - are permits being issued that are consistent with all regulatory
requirements and are projects continuing to meet permit requirements. Effectiveness monitoring can
also address procedural improvements to improve efficiency of the permit system. The data is not about
the individual permit, but whether and how to adaptively manage the system.
Validation monitoring asks general ecosystem questions about whether critical areas functions and
Packet Pg. 105
8.1
values are being protected, and whether we are achieving no net loss of the ecosystem. Another term for
this type of monitoring is status and trends monitoring. Validation monitoring requires extensive
scientific research that is probably beyond the resources of most local governments.
With these twice yearly reports to the City Council, the City has essentially begun a permit
implementation monitoring review. During the critical area ordinance update, a more extensive
validation monitoring program was discussed and concerns raised by staff at that time are echoed by
the Department of Commerce which noted that, "Validation monitoring requires extensive scientific
research that is probably beyond the resources of most local governments." As these reports to the City
Council develop over time, and commerce finalizes Monitoring and Adaptive Management Chapter of
the Critical Areas Assistance Handbook, the City can refine its critical area monitoring and make changes
to the critical area review and code as needed. Another key tool to aid in monitoring will be a new
permit system the City of Edmonds will acquiring in the near future. The current permit system does
not allow for easy report output and considerable staff time was spent in producing the Development
Review Matrix in Exhibit 1. Staff is interested in expanding permit system capabilities in order to provide
better reporting.
Below is the report and critical area determinations and decisions since the March 2017 Critical Area
Report to the Council.
Development Review Matrix
Critical Area Review: If a critical area "Study Required" determination is issued for a property (see the
Critical Area Determinations section below), when a development application is submitted for that
property the Planning Division reviews the development proposal for consistency with the City's critical
area regulations.
Following the presentation on the March 2017 critical area report, the City Council requested more
information regarding the critical area reviews. One request was to provide a matrix with projects,
describing the project, and reason for the critical area decisions. Exhibit 1 is a matrix with development
applications in the City of Edmonds since the last report with critical areas on or adjacent to site. The
matrix includes the permit number, project location, a short description of the project, the associated
critical area file number, type(s) of critical area, and description of the critical area review and decision.
In order to further clarify the critical area review process, staff's presentation to Council will provide
details of typical critical reviews from the application of a critical area determination through review of a
development proposal on a property with a critical area on or adjacent to the site.
Critical Area Determinations
Critical Area Determinations: A critical area determination is required for all properties that have a
development proposal that will include some ground disturbance and where there has not been a
critical area determination within the last five years (see "Subsequent Critical Area Determinations"
section below). Property owners fill out the Critical Area Checklist form (Exhibit 1) with basic information
on the property and then staff does a preliminary review of available site information, including
checking the critical area GIS layers, and then conducts a site visit. The result of this review is either a
"Waiver" which means it was determined that there were no critical areas on or adjacent to the site or a
"Study Required" which indicates that there appears to be critical areas on or adjacent to the site. Since
the last critical area report in March, there have been 128 applications for critical area determinations.
Packet Pg. 106
8.1
Forty-one (65) determinations were "Waiver" and 55 determinations were "Study Required," with an
additional eight applications still awaiting a determination. Exhibit 2 contains a spread sheet with the
critical area permit number, site address, and critical determination for each of the critical area
determinations since March 2017.
Subsequent Determinations: A new requirement with the 2016 critical area ordinance update is that a
new critical area determination is required for properties whose previous critical area determination is
more than five years old. Prior to the 2016 update, staff had been telling property owners that they
would only need to have the critical area determination done once on their property; so a few property
owners have been surprised when they were informed of the need for a subsequent determination. The
fee for a subsequent critical area determination was set at $50 which is half of fee for a first time
determination. Since March 2017, there have been 43 subsequent critical area determinations. Seven
of the 43 subsequent critical area determinations resulted in a change from "Waiver" to "Study
Required." All of the changes were the result of a determination of the presence of potential erosion
hazards (7) or landslide hazards (3). Prior to the 2005 critical area ordinance update, erosion hazards
and landslide hazard areas were determined differently than they are under either the current or
immediately past versions of the CAO. As a result, it is the pre-2005 critical area determinations that so
far have resulted change in determination.
Interrupted Buffer. Buffer AveraRiniz. Buffer Width Reduction. or Enhancement Proiects
There have been no development permit applications with an interrupted buffer determination, buffer
averaging, buffer width reduction, or enhancement projects since the March 2017 report.
Attachments:
Exhibit 1 - Development Review Matrix
Exhibit 2 - Critical Area Applications Since March 2017
Packet Pg. 107
8.1.a
Frequently
PERMIT NUM PM —Permit —Status PrimaryAddress Work Description =APM_Permit_Applied Critical Area Erosion Hazard Landslide Hazard Stream Wetland Flooded Areas Critical Areas Report
BLD20170347 WITHDRAWN 7400 BRAEMAR DR, EDMONDS REPLACE/ ADD A TOTAL OF 512 SF OF PERVIOUS DECKING. 03/13/2017 CRA20120056 x x City requested a geotechnical report on first review of
the application. Application was withdrawn.
BLD20170350
ISSUED
22901 106TH AVE W, EDMONDS
INSTALL ONE RELOCATABLE CLASSROOM & ASSOCIATED NEW BUILDING PAD & ELECTRICAL
03/14/2017
CRA20170029
x
x
Getechnical report consistent with the requirements
CONNECTIONS. DEMO OF SMALL PLAYGROUND AREA.
of ECDC 23.80.050 and address the criteria of ECDC
23.80.060 and 23.80.070 was reviewed and approved
with the application.
BLD20170369
ISSUED
8610 191ST PL SW, EDMONDS
285 SQ FT 1 STORY ADDITION ON SIDE OF HOUSE FOR MASTER BEDROOM AND BATH.
03/17/2017
CRA20170033
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
are not required for properties with only erosion
hazards. However, construction documents are
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
BLD20170396
READY TO ISSUE
9204 OLYMPIC VIEW DR, EDMONDS
REMOVE EX REAR DECK. ADD TO LOWER FLOOR W/ FAMILY ROOM, BEDROOM & GARDEN
03/22/2017
CRA20170035
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
STORAGE (103.5 SF UNHEATED. ADD WATERPROOF DECK OVERALL ON TOP - 510 SF.
are not required for properties with only erosion
hazards. However, construction documents are
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
BLD20170398
ISSUED
20902 HILLCREST PL, EDMONDS
SFR; PLUMBING AND MECHANICAL INCLUDED
03/23/2017
CRA20170028
x
x
Getechnical report consistent with the requirements
CRA20010153
of ECDC 23.80.050 and address the criteria of ECDC
23.80.060 and 23.80.070 was reviewed and approved
with the application.
BLD20170446
ISSUED
1232 HIGHLAND DR, EDMONDS
INTERIOR UPGRADE, VAULTING (2) CEILINGS, NEW WOOD DECKS (UPPER) & LOWER.
04/04/2017
CRA20160139
x
x
Getechnical report consistent with the requirements
of ECDC 23.80.050 and address the criteria of ECDC
23.80.060 and 23.80.070 was reviewed and approved
with the application.
BLD20170496
ISSUED
1015 12TH AVE N, EDMONDS
CONSTRUCT RETAINING WALL WITH SOLDIER PILES TO SECURE SLOPE. STABILIZE EXISTING
04/13/2017
CRA20160018
x
x
Getechnical report consistent with the requirements
HOME AND DECK WITH PIN PILES. REMOVE SCRUB TREES AND RE -VEGETATE SLOPE WITH
of ECDC 23.80.050 and address the criteria of ECDC
NEW NATIVE PLANTINGS. REPLACE EXISTING CONCRETE PATIO
23.80.060 and 23.80.070 was reviewed and approved
with the application.
BLD20170516
ISSUED
17020 74TH AVE W, EDMONDS
INSTALLATION OF AN AUTOMATED DRIVEWAY GATE BETWEEN THE EAST END OF EXISTING
04/17/2017
CRA20160007
x
x
Pursuant to ECDC 23.80.040.A, fences are an allowed
WOODEN FENCE AND THE NORTHEAST PROPERTY BOUNDARY.
activity so no geotechnical report was required.
BLD20170518
FINAL
17915 73RD AVE W, EDMONDS
REBUILD SOUTH EXISTING FENCE IN SAME LOCATION
04/17/2017
CRA20170045
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
are not required for properties with only erosion
hazards. However, construction documents are
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
BLD20170545
APPLIED
514 8TH AVE N, EDMONDS
NEW SINGLE FAMILY RESIDENCE W/ AN ADU
04/24/2017
CRA20170047
x
x
Geotechnical report was requested on first review of
the application. The applicant has not resubmitted for
a second review yet.
BLD20170562
FINAL
15718 72ND AVE W, EDMONDS
4' HIGH FENCE - 350 LINEAR FEET. ESLHA
04/26/2017
CRA20170058
x
x
Pursuant to ECDC 23.80.040.A, fences are an allowed
CRA20130072
activity so no geotechnical report was required.
BLD20170567
ISSUED
828 CASPERS ST, EDMONDS
Remove existing monument & install new sign
04/27/2017
CRA20170057
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
CRA19980231
are not required for properties with only erosion
hazards. However, construction documents are
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
BLD20170578
ISSUED
744 ELM PL W, EDMONDS
Remove existing deck. Construct 950 sq ft deck.
04/28/2017
CRA20170037
x
x
Allowed activity pursuant to ECDC 23.40.220.C.4 -
CRA19920157
modification to legally constructed structure that does
not increase the footprint of the structure.
x
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Packet Pg. 108
8.1.a
Frequently
PERMIT NUM
PM —Permit —Status
PrimaryAddress
Work Description
PM_Permit_Applied
Critical Area
Erosion Hazard
Landslide Hazard
Stream
Wetland
Flooded Areas
Critical Areas Report
BLD20170630
ISSUED
1250 6TH PL S, EDMONDS
230 SO, FT OUTDOOR COVER
05/10/2017
CRA20170063
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
are not required for properties with only erosion
hazards. However, construction documents are
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
BLD20170655
ISSUED
724 WALNUT ST, EDMONDS
BASEMENT & BATHROOM REMODEL; MUDROOM ADDITION AND GARAGE EXPANSION.
05/15/2017
CRA20170069
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
PLUMBING AND MECHANICAL INCLUDED.
are not required for properties with only erosion
hazards. However, construction documents are
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
BLD20170704
ISSUED
9808 235TH PL SW, EDMONDS
GRADING FOR PRIVATE PARKING AREA WITH RETAINING WALL AND FENCE
05/25/2017
CRA20160126
x
x
Getechnical report consistent with the requirements
of ECDC 23.80.050 and address the criteria of ECDC
23.80.060 and 23.80.070 was reviewed and approved
with the application.
BLD20170717
APPLIED
18109 84TH AVE W, EDMONDS
NEW SFR TO INCLUDE PLUMBING AND MECHANICAL
05/26/2017
CRA20170067
x
x
Geotechnical report was requested on first review of
the application. The applicant has not resubmitted for
a second review yet.
BLD20170718
APPLIED
1811184TH AVE W, EDMONDS
NEW SFR TO INCLUDE PLUMBING, MECHANICAL. SEPARATE PERMIT REQUIRED FOR
05/26/2017
CRA20170068
x
x
Geotechnical report was requested on first review of
RETAINING WALL
the application. The applicant has not resubmitted for
a second review yet.
BLD20170739
ISSUED
715 13TH WAY, EDMONDS
REMOVE EXISTING DECK AND REPLACE WITH SLIGHTLY LARGER
06/02/2017
CRA20170064
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
are not required for properties with only erosion
hazards. However, construction documents are
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
BLD20170790
ISSUED
309 CASPERS ST, EDMONDS
NEW SINGLE FAMILY RESIDENCE; PLUMBING AND MECHANICAL INCLUDED
06/14/2017
CRA20170080
x
x
x
Critical areas report (including buffer averaging) and
CRA20070134
native vegetation plan completed with subdivision
under previous critical area regulations.
BLD20170792
FINAL
560 HOMELAND DR, EDMONDS
FOUNDATION REPAIR
06/15/2017
CRA20170081
x
x
Foundation repair did not expand developed footprint.
No critical area report was required. Erosion controls
provided to prevent sedment from entering stream
segment.
BLD20170798
APPLIED
18211 HOMEVIEW DR, EDMONDS
UPPER FLOOR ADDITION OF 770 SQ FT WITH DECK AND COVERED PORCH
06/16/2017
CRA20170798
x
x
INCLUDES PLUMBING AND MECHANICAL
Geotechnical report was requested on first review of
the application. A geotechnical report was submitted
with the second submittal, but the report did not
address the criteria in ECDC 23.80.060 and 23.80.070.
An updated geotechnical report was requested on the
second review.
BLD20170816
ISSUED
817 MAPLE ST, EDMONDS
RE -BUILD DECK LIKE FOR LIKE. 960 SF
06/20/2017
CRA20170085
x
Allowed activity pursuant to ECDC 23.40.220.C.4 -
modification to legally constructed structure that does
not increase the footprint of the structure.
BLD20170845
READY TO ISSUE
301 CASPERS ST, EDMONDS
NEW SINGLE FAMILY; PLUMBING AND MECHANICAL INLCUDED.
06/23/2017
CRA20170088
x
x
x
Critical areas report (including buffer averaging) and
CRA20070134
native vegetation plan completed with subdivision
under previous critical area regulations.
BLD20170851
ISSUED
18906 OLYMPIC VIEW DR, EDMONDS
MINOR WORK PERMIT TO INSPECT EXPIRED PERMIT BLD2016-1309. REMOVE PERVIOUS DECK
06/26/2017
CRA20160111
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
AND REPLACE WITH NEW IMPERVIOUS DECK. 80SF
CRA19990263
are not required for properties with only erosion
hazards. However, construction documents are
WORK STARTED PRIOR TO PERMIT
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
BLD20170903
ISSUED
17126 76TH AVE W, EDMONDS
6' Cedar fence along front of property and driveway. Add onto existing fence along the side.
07/03/2017
CRA20170103
x
No critical area report required because fence location
was outside of stream buffer.
K
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8.1.a
Frequently
PERMIT NUM
PM —Permit —Status
PrimaryAddress
Work Description
PM_Permit_Applied
Critical Area
Erosion Hazard
Landslide Hazard
Stream
Wetland
Flooded Areas
Critical Areas Report
BLD20170946
APPLIED
15931 72ND AVE W, EDMONDS
NEW FOUNDATION AND BASEMENT. COMPLETE REMODEL OF MAIN AND UPPER FLOOR.
07/12/2017
CRA20170108
x
x
x
Requested wetland report or interupted buffer
NEW COVERED DECK AND COVERED PORCH.
determination for wetland on south side of North
Meadowdale Beach Road which buffer may extend
onto the subject property depending on the habitat
score of the wetland. The subdivision for the property
containing the wetland identified the wetland as a
Category II wetland. Since the wetland report is more
than five years old (the subdivision was more than 10
years ago) an updated wetland report is required to
determine the buffer width based on the updated
critical area regulations.
BLD20170980
ISSUED
23404 74TH AVE W, EDMONDS
REBUILD AND REPLACE EXISTING DECK AND EXTEND.
07/18/2017
CRA20170111
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
are not required for properties with only erosion
hazards. However, construction documents are
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
BLD20171005
APPLIED
17126 TALBOT RD, EDMONDS
DEMO / REBUILD EXISTING SUNROOM LIKE FOR LIKE. DEMO / REBUILD DRIVEWAY
07/24/2017
CRA20170115
x
x
Allowed activity pursuant to ECDC 23.40.220.C.4 -
modification to legally constructed structure that does
not increase the footprint of the structure.
BLD20171020
APPLIED
23604 100TH AVE W, EDMONDS
BATHROOM ADDITION AND INTERIOR REMODEL
07/26/2017
CRA20170098
x
x
Work is more than 50 feet from the toe of the slope so
no geotechnical report was required.
BLD20171022
APPLIED
9504 EDMONDS WAY, EDMONDS
REPAIR FOUNDATION/SOG AND SUPPORT ON PIPE PILES
07/26/2017
CRA20170118
x
x
Allowed activity pursuant to ECDC 23.40.220.C.4 -
modification to legally constructed structure that does
not increase the footprint of the structure.
BLD20171103
APPLIED
7001 LAKE BALLINGER WAY, EDMONDS
INTERIOR REMODEL. ADDITION OF COVERED 2ND STORY DECK AND FRONT COVERED PATIO
08/11/2017
CRA20170038
x
x
x
Allowed activity pursuant to ECDC 23.40.220.C.4 -
EXTERIOR DRAINLINE REPAIR
modification to legally constructed structure that does
not increase the footprint of the structure.
BLD20171134
APPLIED
7409 242ND PL SW, EDMONDS
REPLACE EXISTING 2 TIER DECK
08/18/2017
CRA20170144
x
x
Allowed activity pursuant to ECDC 23.40.220.C.4 -
modification to legally constructed structure that does
not increase the footprint of the structure.
BLD20171154
ISSUED
21819 93RD PL W, EDMONDS
REPLACE FRONT STEPS, LANDING AND RAILING. REPLACE WINDOWS, MOVE BATHROOMS
08/23/2017
CRA20170147
x
x
Work is more than 50 feet from the toe of the slope so
AND RECONFIGURE INTERIOR NON LOAD BEARING WALLS
no geotechnical report was required.
BLD20171163
APPLIED
711 MAIN ST, EDMONDS
Install new hot tub on 95x95' concrete pad in rear of house.
08/24/2017
CRA20150086
x
x
Work is more than 50 feet from the top of the slope so
no geotechnical report was required.
PLN20170033
APPLIED
921 PINE ST, EDMONDS
3-LOT SHORT PLAT
7/24/2017
CRA20170084
x
Pursuant to ECDC 23.80.050.G, geotechnical reports
are not required for properties with only erosion
hazards. However, construction documents are
required to include an erosion and sediment control
plan prepared in compliance with requirements set
fourt in Chapter 18.30 ECDC. Compliance for of
erosion control requirements are review be the
Engineering Division during permit review.
x
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Packet Pg. 110
8.1.b
Critical Area Determination Applications since March 1, 2017
res Decision
CRA20170023
22828 100TH AVE W, EDMONDS
WAIVER
CRA20170024
8304 187TH ST SW, EDMONDS
WAIVER
CRA20170025
9513 224TH ST SW, EDMONDS
WAIVER
CRA20170026
23325 92ND AVE W, EDMONDS
WAIVER
CRA20170027
23737 76TH AVE W, EDMONDS
WAIVER
CRA20170028
20902 HILLCREST PL, EDMONDS
STUDY REQUIRED
CRA20170029
22901 106TH AVE W, EDMONDS
STUDY REQUIRED
CRA20170030
751 NORTHSTREAM LN, EDMONDS
WAIVER
CRA20170031
7017 165TH PL SW, EDMONDS
WAIVER
CRA20170032
202 MAIN ST, EDMONDS
WAIVER
CRA20170033
8610 191ST PL SW, EDMONDS
STUDY REQUIRED
CRA20170034
8609 244TH ST SW, EDMONDS
WAIVER
CRA20170035
9204 OLYMPIC VIEW DR, EDMONDS
STUDY REQUIRED
CRA20170036
924 PINE ST, EDMONDS
WAIVER
CRA20170037
744 ELM PL W, EDMONDS
STUDY REQUIRED
CRA20170038
7001 LAKE BALLINGER WAY, EDMONDS
STUDY REQUIRED
CRA20170039
6415 170TH PL SW, EDMONDS
WAIVER
CRA20170040
1113 5TH AVE S, EDMONDS
WAIVER
CRA20170041
8527 MADRONA LN, EDMONDS
WAIVER
CRA20170042
19111 92ND AVE W, EDMONDS
WAIVER
CRA20170043
8431 244TH ST SW, EDMONDS
STUDY REQUIRED
CRA20170044
1142 7TH AVE S, EDMONDS
WAIVER
CRA20170045
17915 73RD AVE W, EDMONDS
STUDY REQUIRED
CRA20170046
10316 242ND PL SW, EDMONDS
STUDY REQUIRED
CRA20170047
514 8TH AVE N, EDMONDS
STUDY REQUIRED
CRA20170048
8552 202ND ST SW, EDMONDS
WAIVER
CRA20170049
18622 84TH AVE W, EDMONDS
WAIVER
CRA20170050
742 DALEY ST, EDMONDS
STUDY REQUIRED
CRA20170051
1140 7TH AVE S, EDMONDS
WAIVER
CRA20170052
9824 238TH ST SW, EDMONDS
WAIVER
CRA20170053
1428 OLYMPIC AVE, EDMONDS
STUDY REQUIRED
CRA20170054
1140 SEA VISTA PL, EDMONDS
STUDY REQUIRED
CRA20170055
20602 77TH PL W, EDMONDS
WAIVER
CRA20170056
7410 MCALEER WAY, EDMONDS
WAIVER
CRA20170057
828 CASPERS ST, EDMONDS
STUDY REQUIRED
CRA20170058
15718 72ND AVE W, EDMONDS
STUDY REQUIRED
CRA20170059
21011 HILLCREST PL, EDMONDS
WAIVER
CRA20170060
210 PINE ST, EDMONDS
WAIVER
CRA20170061
15712 72ND AVE W, EDMONDS
STUDY REQUIRED
CRA20170062
7219 LAKE BALLINGER WAY, EDMONDS
STUDY REQUIRED
CRA20170063
1250 6TH PL S, EDMONDS
STUDY REQUIRED
CRA20170064
715 13TH WAY, EDMONDS
STUDY REQUIRED
CRA20170065
23615 96TH PL W, EDMONDS
WAIVER
CRA20170066
20425 MAPLEWOOD DR, EDMONDS
WAIVER
CRA20170067
18109 84TH AVE W, EDMONDS
STUDY REQUIRED
CRA20170068
18111 84TH AVE W, EDMONDS
STUDY REQUIRED
CRA20170069
724 WALNUT ST, EDMONDS
STUDY REQUIRED
CRA20170070
8115 186TH ST SW, EDMONDS
WAIVER
CRA20170071
9126 PARK RD, EDMONDS
WAIVER
CRA20170072
21709 97TH AVE W, EDMONDS
WAIVER
CRA20170073
616 5TH AVE S, EDMONDS
WAIVER
CRA20170074
777 MAPLE ST, EDMONDS
STUDY REQUIRED
CRA20170075
20826 80TH AVE W, EDMONDS
WAIVER
CRA20170076
23511 74TH AVE W, EDMONDS
STUDY REQUIRED
Packet Pg. 111
Critical Area Determination Applications since March 1, 2017
8.1.b
�D
Addres
Decision
CRA20170077
7011 LAKE BALLINGER WAY, EDMONDS
STUDY REQUIRED
CRA20170078
820 DAYTON ST, EDMONDS
STUDY REQUIRED
CRA20170079
9810 235TH PL SW, EDMONDS
STUDY REQUIRED
CRA20170080
309 CASPERS ST, EDMONDS
STUDY REQUIRED
CRA20170081
560 HOMELAND DR, EDMONDS
STUDY REQUIRED
CRA20170082
18211 HOMEVIEW DR, EDMONDS
STUDY REQUIRED
CRA20170083
510 HOMELAND DR, EDMONDS
STUDY REQUIRED
CRA20170084
921 PINE ST, EDMONDS
STUDY REQUIRED
CRA20170085
817 MAPLE ST, EDMONDS
STUDY REQUIRED
CRA20170086
21714 97TH AVE W, EDMONDS
WAIVER
CRA20170087
20321 83RD AVE W, EDMONDS
STUDY REQUIRED
CRA20170088
301 CASPERS ST, EDMONDS
STUDY REQUIRED
CRA20170089
22130 HIGHWAY 99, EDMONDS
WAIVER
CRA20170091
720 13TH WAY, EDMONDS
WAIVER
CRA20170092
8710 184TH ST SW, EDMONDS
WAIVER
CRA20170093
318 HOWELL WAY, EDMONDS
WAIVER
CRA20170095
471 ADMIRAL WAY, EDMONDS
STUDY REQUIRED
CRA20170096
18305 73RD AVE W, EDMONDS
WAIVER
CRA20170097
9318 215TH ST SW, EDMONDS
WAIVER
CRA20170098
23604 100TH AVE W, EDMONDS
STUDY REQUIRED
CRA20170099
8302 218TH ST SW, EDMONDS
WAIVER
CRA20170100
9004 240TH ST SW, EDMONDS
WAIVER
CRA20170101
749 MAIN ST, EDMONDS
WAIVER
CRA20170102
307 CASPERS ST, EDMONDS
WAIVER
CRA20170103
17126 76TH AVE W, EDMONDS
STUDY REQUIRED
CRA20170104
8905 220TH ST SW, EDMONDS
WAIVER
CRA20170105
9628 226TH PL SW, EDMONDS
WAIVER
CRA20170106
1011 WALNUT ST, EDMONDS
WAIVER
CRA20170107
806 DAYTON ST, EDMONDS
STUDY REQUIRED
CRA20170108
15931 72ND AVE W, EDMONDS
STUDY REQUIRED
CRA20170109
305 CASPERS ST, EDMONDS
STUDY REQUIRED
CRA20170110
10608 231ST ST SW, EDMONDS
WAIVER
CRA20170111
23404 74TH AVE W, EDMONDS
STUDY REQUIRED
CRA20170112
1052 B AVE, EDMONDS
WAIVER
CRA20170113
8826 200TH ST SW, EDMONDS
WAIVER
CRA20170114
303 CASPERS ST, EDMONDS
STUDY REQUIRED
CRA20170115
17126 TALBOT RD, EDMONDS
STUDY REQUIRED
CRA20170116
7124 156TH ST SW, EDMONDS
STUDY REQUIRED
CRA20170117
23628 76TH AVE W, EDMONDS
WAIVER
CRA20170118
9504 EDMONDS WAY, EDMONDS
STUDY REQUIRED
CRA20170119
7528 215TH ST SW, EDMONDS
WAIVER
CRA20170120
21722 95TH AVE W, EDMONDS
WAIVER
CRA20170121
8524 188TH ST SW, EDMONDS
WAIVER
CRA20170122
21511 98TH AVE W, EDMONDS
WAIVER
CRA20170123
8721 182ND PL SW, EDMONDS
STUDY REQUIRED
CRA20170124
9116 MAIN ST, EDMONDS
WAIVER
CRA20170125
1116 DALEY PL, EDMONDS
STUDY REQUIRED
CRA20170126
515 PINE ST, EDMONDS
WAIVER
CRA20170127
8820 218TH ST SW, EDMONDS
WAIVER
CRA20170128
7237 SOUNDVIEW LN, EDMONDS
STUDY REQUIRED
CRA20170129
21421 92ND AVE W, EDMONDS
WAIVER
CRA20170130
15524 72ND AVE W, EDMONDS
STUDY REQUIRED
CRA20170131
570 ELM WAY, EDMONDS
STUDY REQUIRED
CRA20170132
18919 92ND AVE W, EDMONDS
WAIVER
Packet Pg. 112
8.1.b
Critical Area Determination Applications since March 1, 2017
dres Decision
CRA20170133
8025 192ND ST SW, EDMONDS
STUDY REQUIRED
CRA20170134
7921 228TH ST SW, EDMONDS
WAIVER
CRA20170135
213 ELM ST, EDMONDS
WAIVER
CRA20170136
1135 VIEWLAND WAY, EDMONDS
STUDY REQUIRED
CRA20170137
710 ALDER ST, EDMONDS
STUDY REQUIRED
CRA20170138
8820 194TH ST SW, EDMONDS
STUDY REQUIRED
CRA20170139
8609 188TH ST SW, EDMONDS
WAIVER
CRA20170140
22208 92ND AVE W, EDMONDS
WAIVER
CRA20170141
1001 OLYMPIC AVE, EDMONDS
WAIVER
CRA20170142
9309 236TH ST SW, EDMONDS
WAIVER
CRA20170143
7706 223RD ST SW, EDMONDS
WAIVER
CRA20170144
7409 242ND PL SW, EDMONDS
APPLIED
CRA20170145
19004 88TH AVE W, EDMONDS
WAIVER
CRA20170146
23521 75TH AVE W, EDMONDS
APPLIED
CRA20170147
21819 93RD PL W, EDMONDS
APPLIED
CRA20170148
21116 HIGHWAY 99, EDMONDS
APPLIED
CRA20170149
22810 96TH PL W, EDMONDS
APPLIED
CRA20170150
7105 182ND PL SW, EDMONDS
APPLIED
CRA20170151
20818 72ND AVE W, EDMONDS
APPLIED
CRA20170152
23730 104TH AVE W, EDMONDS
APPLIED
Packet Pg. 113
8.2
City Council Agenda Item
Meeting Date: 09/19/2017
Edmonds Sustainability/Climate Goals Follow-up (20 min.)
Staff Lead: Shane Hope, Director
Department: Development Services
Preparer: Diane Cunningham
Background/History
The City of Edmonds has been proactive in promoting and practicing sustainability. The City Council and
Mayor have been leaders in this effort. At the City Council's September 5 meeting, a presentation was
given to highlight key sustainability activities. (See Attachment 1 for a white paper summary. See
Attachment 2 for the slides that were shown.)
In addition, the City Council adopted Resolution No. 1389 on June 27, 2017. (See Attachment 3.)
Resolution 1389 called for certain actions, some of which may need clarification if staff is to carry them
out.
Staff Recommendation
N/A
Narrative
A key purpose of the September 19 agenda item is to clarify and identify resources for those actions
from Resolution 1389 that the Council wants staff to carry out. Each section related to possible staff
implementation is re -stated below and followed by any questions or comments that may be helpful in
understanding the Council's intent. The sections that specifically apply to the Development Services
Department are grouped together first, followed by the more general Section 6 about renewable
energy.
Section 3: Section 3 of Resolution 1389 states that the "Planning Department" and the "Climate
Protection Committee" will report annually to the City Council on our current municipal and community -
wide GHG inventory starting in 2018.
Section 4: The Planning Department (presumably the Development Services Department or
"Department") and the (Mayor's) Climate Protection Committee will establish and recommend to the
City Council a GHG emissions reduction target goal for both the near term and long term by July 1, 2018.
Section 5: The (Development Services) Department and the (Mayor's) Climate Protection Committee will
update our city's Climate Action Plan and review the specific strategies for meeting the emissions
reduction target, as well as tying mitigation with adaptation measures where possible.
Section 6: This portion of Resolution 1389 is discussed separately below.
Section 7: By November 1, 2018, the (Development Services) Department and the Climate Protection
Committee will develop a work plan, including options, methods and financial resources needed and an
associated timeline and milestones to achieve these renewable energy goals.
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8.2
Of course, "GHG" refers to greenhouse gases, which are defined by the U.S. Environmental Protection
Agency as gases that trap heat in the atmosphere. Examples of such gases are carbon dioxide (such as
from burning fossils fuels, including by conventional automobiles), methane, and hydrofluorocarbons.
On another background note: Since the City has a planning division within the Development Services
Department, but not a Planning Department, we assume the above sections of the Resolution are meant
to refer to the Development Services Department and/or the Planning Division within it. Likewise, we
assume that the "Climate Protection Committee" is meant to refer to the Mayors Climate Protection
Committee.
The City completed a Greenhouse Gas (GHG) inventory in 2006, using the ICLEI protocol and software.
The inventory encompassed the whole community and also included an inventory of emissions strictly
from City operations. It took most of one full-time staff person and two part-time interns about a year
to develop the 2006 GHG inventory and, in consultation with the Mayor's Climate Protection
Committee, to draft a climate action plan. In 2011, another part-time intern was engaged to gather data
for the 2010 inventory, which remains incomplete. Since then, the ICLEI software has become more
complex (though probably with more accurate and comprehensive results) and takes more time input
and maintain. We estimate that carrying out the Council's recently adopted Climate Goals Resolution
would take about one FTE for a year and then half an FTE per year after that. This cannot be done
within existing City resources.
Furthermore, the City's current Climate Action Plan calls for achieving many excellent things; some of
them have been accomplished, but others have not, due largely to a lack of resources and an
understanding of who/how they can be accomplished. If the Climate Action Plan is updated and
expanded, as called for in Section 5 of Resolution 1389, perhaps this can be addressed. However,
additional resources and perhaps a longer timeline would be needed.
If implementation of the above sections is desired by the Council may want to consider whether
additional funds can be committed. Here is a break -down of the basic costs for needed staffing to
implement Sections 3, 4, 5, and 7 of the Resolution:
2018: $88,091 for one FTE salary
$39,641 for one FTE benefits
$3,600 for equipment (computer, desk, chair, etc.)
$131,332 - Total for one year
2019 and each year thereafter:
$44,046 for 0.5FTE salary
$15,416 for 0.5 FTE benefits
$59,462 - Total for each year, starting in 2019.
Section 6: Goals: The City establishes the following renewable energy goals for both municipal facilities
and for the City at large:
i. 100% renewable energy for municipal facilities by 2019; and
ii. 100% renewable energy for the City's community electricity supply by 2025.
Some clarification will be needed to fully evaluate the feasibility and the resources required to
implement these two important goals.
First, a little background: Under the Washington Energy Independence Act, the definition of renewable
energy does not include hydroelectric projects, due to their impact on salmon and other species. Thus,
electric utilities, which must provide for at least 15% of their energy from renewable sources or
renewable energy credits by 2020, cannot count hydropower as a renewable source for purposes of
meeting the state requirements. However, the City of Edmonds does not have to use the state's
definition and, for its own purposes, may consider hydropower as renewable. The recently adopted
Climate Resolution includes "low impact hydropower" in the definition of renewable.
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8.2
The City purchases all of our electrical power from the Snohomish County Public Utility District
("SnoPUD") and all of our natural gas from Puget Sound Energy (PSE), a private company regulated by
the State Utilities and Transportation Commission. We must, of course, either purchase our power from
one or both of these two companies or somehow generate it ourselves. Some options are available to
self -generate renewable energy using either smaller -scale solar or small-scale wind power. We should
continue to encourage efforts by both City government and the private sector to install these
technologies. It is unlikely, however, that these small-scale projects will allow us to make significant
progress toward our stated goal of 100% renewable by 2019 (City facilities) or 2025 (all citizens).
The massive, interconnected power grid that spreads across the U.S. allows electrical energy to flow in
many different directions depending on current local and regional demand for power as well as the
operational status of individual power -generating facilities connected to the grid. The grid itself
transmits electrical energy from nuclear, hydroelectric, coal-fired, gas -fired, wind -generating, biomass -
combustion, and other electrical power generation facilities. As a customer who buys electrical energy
from SnoPUD, we are buying our power from this grid. It is therefore not possible to determine if the
exact kilowatt-hours we are buying are coming from facilities producing renewable energy or from some
other source. An additional complicating factor is that we have no universal definition of "renewable
energy".
Staff will present information at the meeting that recaps our current consumption of electricity and
natural gas. Most of this material will focus on the electrical side since that is where the "renewable
energy" conversation is most appropriate since natural gas has no practical "renewable" option. Staff
will also discuss the current mix of power -generating sources owned by or producing energy for
SnoPUD, and the programs (and costs) that SnoPUD and to some extent, Puget Sound Energy (which
provides natural gas service in our area) offers to customers to contribute to the expansion of
renewable energy sources.
Attachments:
Att. 1: White Paper
Att. 2: Climate Change Sustainability Presentation
Att. 3: City Council Resolution No. 1389
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8.2.a
August 31, 2017
Climate Change/ Sustainability Activities in Edmonds
Background
The City of Edmonds recognizes that human activities are largely responsible for impacts to the natural
environment and that there is a strong need to address environmental sustainability issues through its
actions and initiatives. With the 2009 adoption of its Community Sustainability Element into the City's
Comprehensive Plan and the establishment of Environmental Principles and Policy (City Council
Resolution 1170), Edmonds set in motion a commitment to addressing environmental, economic, and
social issues in a coordinated and holistic way.
A result of this commitment emerged in 2010 with a series of actions intended to take a leadership role
in addressing sustainability issues through policy, education, advocacy, and action.A key component of
the City's commitment has been to institutionalize Sustainability within the organization. The City's
dedication to prioritizing Sustainability was initiated in 2006 with the establishment of the Mayor's
Climate Protection Committee. This committee of citizens meets monthly with the Mayor and city staff
to work towards addressing the future impacts of climate change, while also focusing on sustainability in
general. The Committee has been integral in much of the progress the City has made over the past
several years in addressing sustainability.
Two important planning documents resulted from the Climate Protection Committee's work. First, the
Community Sustainability Element was adopted into the Edmonds Comprehensive Plan in 2009. This
element was intended to provide a framework tying the other Comprehensive Plan elements together,
illustrating how the overall plan direction supports sustainability within the Edmonds community.
Additionally, this element set the stage for the City's actions and initiatives that strive towards enhanced
environmental protections and reductions in energy usage. This was followed up by the development of
a Climate Action Plan in 2010, which established a series of priorities to guide city action.
City staff has taken a proactive role in the City's commitment to addressing sustainability issues by
forming a "Green Team," which includes employees representing most departments of the City. The
"Green Team" meets regularly to discuss ideas for reducing energy use related to city functions. These
ideas can range from seemingly smaller administrative actions, such as changes to photocopying
procedures in order to reduce paper consumption, to larger projects, such as retrofitting building HVAC
or lighting systems with energy -efficient systems. The "Green Team" affords staff an opportunity to
bring new ideas to the table and to "borrow" energy savings ideas from methods that other
departments and municipalities have successfully achieved. This has created a strong inter-
departmental effort with one common goal: sustainability.
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Plans and Codes
• Adopted a Sustainability Element in the Edmonds Comprehensive Plan. First adopted in 2009;
updated subsequently.
• Following a thorough assessment, city staff worked with Cascadia Consulting Group to develop
an "Energy Plan" for the City, which was completed in early 2012. The plan summarizes key
energy -saving accomplishments and highlights future energy -savings opportunities for the City's
municipal operations.
• In collaboration with the Northwest -based nonprofit Climate Solutions, the City completed a
"New Energy Cities Action Plan" in May of 2011. The plan was developed following a community
workshop held in early 2011 and describes a series of actions the City can take to address
energy efficiency and conservation now and in the future — both in its own operations and in the
larger community. The purpose of the plan is to guide the collaborative work of regional public,
private, and civic leaders in the City of Edmonds to create a model for new energy leadership so
successful that it inspires others to follow.
• In keeping with the City's goal of promoting reduced energy consumption, the City Council
passed a Complete Streets Ordinance (Ordinance No. 3842) in June of 2011. The Complete
Streets policies promote multimodal transportation, which in turn will improve safety of city
streets, encourage active living, and reduce traffic congestion and carbon emissions.
• Because climate change is causing higher sea levels, the City Council adopted regulations
requiring that the first floor of new buildings in the most affected coastal flood areas be built at
least two feet above the sea level projected by FEMA.
• Following the direction of the Community Sustainability Element of the Comprehensive Plan, the
City completed a strategic planning process designed to link long-term planning with annual and
bi-annual budget decisions.
• The Mayor's Climate Protection Committee developed a Climate Action Plan and completed City
Government (1999, 2006) and community -wide (2009) GHG inventories.
• In the 2014 Parks, Recreation and Open Space plan update, added a Goal to work toward
stewardship of natural resources and habitat conservation.
Bring Your Own Bag Campaign
• Edmonds was the first city in Washington State to pass an ordinance prohibiting the use of
single -use plastic checkout bags at retail establishments. This ban became effective on August
27, 2010 and was met with nearly all businesses throughout the City in compliance. Find out
more here.
• As part of the City's preparation for the effective date of this ordinance, a "Bring Your Own Bag"
campaign was established. This campaign centered on community outreach focusing on the
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8.2.a
benefits of bringing reusable bags when shopping in Edmonds. The campaign also included
outreach to local middle and high schools through a student poster contest.
Energy Meter Program
• Through the Federal Energy Efficiency and Conservation Block Grant (EECBG) program, the City
received funding to purchase 36 energy use meters. These meters have been made available to
residents and small business owners to check-out for a free two week period. Find out more
here. The goal of this program is to provide local residents and small business owners with an
opportunity to quantify the energy consumption of various household or business appliances
and to provide guidance on how to reduce energy consumption within their home or business.
Electric Vehicle / Fuel Efficiency Programs / Propane Conversions
• Through the Federal Energy Efficiency and Conservation Block Grant (EECBG) program, the City
received funding to upgrade from standard vehicle purchases to acquire hybrid and all -electric
vehicles for its municipal fleet. The City changed its management of fleet vehicles to increase
the use of the new energy -efficient vehicles. Staff has shown a strong preference and
commitment to using our hybrid and electric vehicles whenever available for site visits and field
work.
• Since 2010 the City has purchased five Toyota Prius and four all -electric Nissan Leaf
automobiles. Use of these vehicles reduces Carbon emissions by over 6 tons per year (TPY) by
eliminating the combustion of over 600 gallons of gasoline.
• In January, 2013, the City converted 15 Ford Crown Victoria police patrol cars and one F-450
work truck to propane use using the Prins Bi-fuel system through a contract with Blue Star Gas.
Since then we have retired 9 of these Ford Crown Victorias and have replaced them with Ford's
new police patrol vehicle based on the Ford Explorer. We had to wait 4 years for the Prins Bi-
fuel system to be certified for use on the Ford Explorer.
Over that time we also converted an additional eight (8) F-series Trucks, a Transit van, and an
Isuzu truck used for solid waste collection in City Parks. That brings us to the point where we
currently have the following propane -powered fleet:.
o 6 Crown Victoria's
0 1 Explorer
0 8 F-250/350/450 series trucks
0 1 Isuzu flatbed truck
o 1 Transit van
In August and September, 2017 we will be converting 5 more F-350 trucks and our existing 10
Explorer patrol vehicles. This will bring us to 32 vehicles running on LPG.
Packet Pg. 119
8.2.a
At the end of September, after all 32 LPG vehicles are on the road, we expect monthly LPG
usage will be approximately 5,000 gallons per month.
Those 32 LPG vehicles will annually displace 54,000 gallons of unleaded and premium gasoline,
reducing Carbon emissions by 81 TPY. These conversions will also lower emissions of
Particulates, NOX, unburned Hydrocarbons, and other pollutants. The original investment in
propane conversion was paid back in savings within 22 months.
• Through a partnership with ChargePoint Northwest, six electric vehicle charging stations were
installed in 2011 for public use. These stations are part of a nationwide system that allows users
to view availability of charging stations within their network.
City Buildings Energy Improvement Programs
• Edmonds City Hall, a 1979 facility, was awarded ENERGY STAR labels in 2011 through 2016,
acknowledging that it performs in the top 20 percent of similar structures across the United
States.
• Energy usage at the City's Public Safety Complex (comprised of the Public Safety Building and
Fire Station No. 17) has been significantly reduced in recent years. This was accomplished by
adding insulation, new control systems and software, and commissioning measures as well as
implementing preventative maintenance of HVAC equipment and adjusting heating and cooling
times based on building occupancy. Due to these improvements, the total energy cost savings at
the Public Safety Complex in 2011 alone was $13,900. Total savings have been $90,350 in
• Facilities maintenance staff utilizes "Portfolio Manager" to track the energy consumption of 16
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City -owned buildings with a total of 30 energy accounts. This has enabled the City to track a
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total of over $34,000 in energy savings in 2011 ($221,000 total) from energy management and
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improvements made throughout the seven buildings that house major City operations.
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• 26 LED soffit lights with motion detector set -backs were installed at the Public Works yard to
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replace previously existing 100 to 400 W high intensity discharge lights for a total savings of
16,700 kWh per year. The city is expanding on this program by including LED lighting in all of its
future Public Works projects.
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• In 2010, the City replaced its aging computer servers with energy efficient models for a total
savings of over 5,200 kWh per year.
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• In 2010, the city purchased software for each city computer, resulting in an automatic system
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for conducting computer updates and shutting down computers during nonbusiness hours for a
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total savings of over 225,000 kWh per year.
Packet Pg. 120
8.2.a
Wastewater Treatment Plant Energy Challenge
Phase 1 WWTP (2011):
• Applied and received a $176,840 incentive from Snohomish PUD to help fund
this $405,778 project.
• The project replaced one of the existing three aeration system multistage
centrifugal blowers with a new high efficiency "K Turbo" blower by Neuros, and
replaced coarse bubble diffusers with high efficiency fine bubble diffusers for
more efficient aeration in the WAS storage tank.
• $ 33,909/yr. saved.
• 345 Tons COZ saved. This is equivalent to:
36.5 799
homes' energy = barrels of oil
use for one � consumed
year
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Phase 4 WWTP (2016):
• Successfully applied for a $255,000 energy efficiency grant from the Department
of Commerce to help fund this $1,065,330 project. Estimated incentives from
Snohomish PUD $80,767.
The project provided equipment and system upgrades for the City of Edmonds
WWTP while saving energy by making the treatment process more efficient.
This project upgraded the facility's aeration system, replacing diffusers in the #2
Aeration Basin and replacing the 300 HP centrifugal blower and adding a 60 HP
"Auxiliary Blower" high efficiency blower capable of greater turndown and
better control and process options.
• $ 34,062/yr. saved.
• 264 Tons of COz saved. This is equivalent to:
27.9( 611
homes' energy = barrels of oil
A use for one consumed
year
Phase 5 WWTP (ongoing, 2016 - 2017):
• The City has applied for incentives from Snohomish PUD estimated at $108,242
• This $ 3,698,583 project is ongoing and will improve the City of Edmonds Waste
Water Treatment Plant infrastructure while saving energy. This project will
upgrade the plant's solids handling process by replacing the existing belt presses
and solids conveyor with new screw presses and an enclosed shaft -less screw
conveyor. In addition, the project will refurbish and upsize the existing
dewatered sludge hopper to allow for a 24-hour operation of the dewatering
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8.2.a
system. The resulting dewatering system allows for improved cake consistency
and dryness, reduced operating and maintenance costs, and drastically
improved working conditions in the dewatering room.
• $ 133,211/yr. saved.
537 Tons CO2 saved. This is equivalent to:
56.7 - 1,243
homes' energy = barrels of oil
2 use for one consumed
year =
Edmonds Community Solar Project
• Edmonds is a proud host to one of the first community solar installations in the Puget Sound
region. The installation is located on the Frances Anderson Center, which houses the Parks and
Recreation Department and acts as a community hub. This location provides wide spread
community education about solar energy. The installation was developed by the Edmonds
Community Solar Cooperative, supported by Tangerine Power, in cooperation with Sustainable
Edmonds, a local non-profit of citizens dedicated to sustainability.
• This project is a unique public/private partnership enabling Snohomish County PUD customers
to participate in a collective solar project that reduces the costs of access and ownership while
reaping the benefits of generating clean, solar energy for the community. Additionally, as part of
the installation, the City receives a rebate from Snohomish County PUD on its energy use at the
Frances Anderson Center.
• This project is the first community -owned solar cooperative in Western Washington and is also
the first such project in the state for a municipality that does not own its own electric utility.
• The cooperative is planning a 30 kW expansion of the existing installation by the summer of
2012.
• The Parks and Recreation Department is currently in the process of scheduling green initiatives
education for residents, which is co -sponsored by the Edmonds Community Solar Cooperative as
part of the Community Solar Project.
Solar Initiatives
• With grant funding assistance, implemented a "Solarize Edmonds" campaign in 2014.
• With grant funding assistance, streamlined and improved solar permitting in the City, including
reducing fees, to incentivize solar installations. Also amended the development code to provide
more flexibility in installing solar and Energy Star HVAC equipment.
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8.2.a
Sustainable Cities Partnership
Year -long partnership between Edmonds, Western Washington University's Office of Sustainability, and
the Association of Washington Cities (AWC). The partnership engaged Western Washington University
(WWU) students and faculty on sustainability and livability projects chosen in collaboration with
Edmonds. Projects included:
• 4th Ave Cultural Corridor marketing ideas
• Edmonds Marsh Restoration techniques
• Zero Waste I Food Waste research to develop an approach to increasing the diversion of
construction and food waste from landfills
• Mobile App adding to the marketing of downtown
• Wastewater Treatment Plant Education providing public information and access to energy
efficiency initiatives and process improvements made by the Treatment Plant
• Stella's Landing environmental reconnaissance
• Playful City initiatives designed to make it easy for all kids to get the balanced and active play
they need to thrive
• Edmonds Cemetery Mapping providing a digital map and inventory for the cemetery
• Sea Level Rise analysis identifying potential risks and impacts anticipated over the short and
long-term
• Green Business Program identifying ways to encourage local businesses to employ green
business practices in their daily operations
• Walkability Assessment for several business districts outside of the downtown core, with the
goal of identifying ways to encourage walking and exercise
Westgate Plan & Zoning
• Plan and zoning adopted for Westgate mixed use area emphasizing sustainability (e.g. green
building standards), affordable housing options, and transit -friendly development.
Highway 99 Subarea Planned Action
• Subarea plan, implementing codes, and planned action ordinance have been adopted for the
Highway 99 area. Plan focuses on transit -friendly standards, emphasis on affordable and work-
force housing. Electric vehicle charging infrastructure is required.
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8.2.a
Hazard Mitigation Plan
• Updated the City of Edmonds portion of the Snohomish County Hazard Mitigation Plan to
include climate change and updated assessments of hazards.
Greening Parks
• The City of Edmonds is committed to reducing pesticide use in its parks and has achieved a 60%
reduction since 2008 by using Integrated Pest Management (IPM) approach to land
management. Using an IPM approach protects a systems' natural balance, and keeps
unnecessary chemicals out of the environment. This approach has enabled many areas within
the Edmonds parks system to be managed and maintained as pesticide free. Learn more about
IPM in Edmonds Parks here.
• Parks crews have installed drip irrigation systems to replace overhead irrigation in the
downtown planter beds and portions of the Frances Anderson Center. This method of delivering
water directly to vegetation has outstanding results and these plants and flowers have
flourished. There is also no wasted water running down the street, and it has reduced water
consumption and costs by 70 percent. Parks crew will continue to install drip irrigation systems
throughout the City's park system.
• Where possible, Park staff have been transitioning their land management approach to one that
mimics nature with the goal of achieving long term sustainability in our landscapes. One of the
primary tools that Parks uses for weed control is mulch, nearly all of which comes from local
trees that are cut during tree pruning projects, trees that have blown over during storms, or fall
leaves. This allows valuable organic material to be recycled back into the ecosystem and
landscaped areas, eliminating the need to purchase or dispose of it.
• Since 2005, Park staff have been working to restore native habitat that has become overrun by
invasive species such as English ivy, Himalayan blackberry, English and Scotch Broom. More than
three acres have been transformed into self-sustaining native habitats that will function more
effectively for people and wildlife. Parks staff is committed to continuing these restoration
efforts and collaborating with other groups working to restore habitat in our community
including Earth Corps, the Student Conservation Association, and other business and community
groups that come out to help us accomplish this important work.
• In 2016, the Parks Department launched the Adopt -a -Plot program to encourage and support
community groups conducting habitat restoration in city parks. Restoration activities are
currently being managed by EarthCorps' Puget Sound Stewards working in several different
parks including Hutt Park, Marina Beach, the Edmonds Marsh, and Brackett's Landing.
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8.2.a
Administrative Initiatives
• In 2011, city inspectors began using an iPad field module that provides mapping and immediate
data entry. This saves paper and time. The mapping component allows for easier and better
route planning for inspections, thereby reducing resource demands.
• Staff has set up a city-wide "Office Supply Exchange" to share used or surplus office supplies.
• The Parks and Recreation Department has implemented online registration for all classes,
eliminating the need to copy, fax, and mail registration forms. Find out more here.
• Online permitting has been expanded, reducing the resources necessary, such as fuel, trips, and
paper, to apply for and obtain certain permits. Additionally, the City's internal permit review
process has been digitized, reducing paper demands and increasing efficiency of permit reviews.
Find out more here.
• There has been a shift over the past several years to providing the City Council as well as the
City's other boards and commissions with meeting packets electronically, dramatically reducing
the number of photocopies necessary to provide members with printed packets. For example,
city elected officials and directors were issued iPads in 2011, which provides these individuals
with the opportunity to access paperless City Council packets, thus saving a significant amount
of paper, energy, and time.
Education & Outreach Programs
• In 2014 with a retirement , the Parks Department revised the Outdoor Education Coordinator
position to encompass sustainability initiatives as well. Now, the position is the Environmental
Education and Sustainability Coordinator, and focuses on sustainability initiatives in the Parks
Department.
• The City rolled out a new website in late 2011. The new website includes a strong emphasis on
sustainability, including a direct link from the main home page to information on sustainability,
which includes greater information on topics such as climate, environment, water, energy, and
green development.
• In April of 2011, city staff partnered with Seaview Elementary School for a "Puget Sound Started
Here" event, where fourth and fifth grade students cleaned up a reach of Perrinville Creek. As
part of this event, the students were taught that the trash they were cleaning up was from
stormwater runoff and the importance of only letting clean rainwater enter storm drains.
• The Watershed Fun Fair is held every spring in Edmonds and is focused on the theme "Puget
Sound Starts Here". Total participation typically exceeds 150 people, and the event includes
exhibits by public agencies and non-profit organizations on topics such as water quality,
stormwater, recycling, amphibians, bats, stream and soil health, Puget Sound stewardship, and
solar power.
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8.2.a
• In the summer of 2011, the City of Edmonds partnered with the neighboring cities of Lake Forest
Park and Mountlake Terrace to broadcast three separate public service announcements for a
period of two weeks at the Cinnebarre Theater in Mountlake Terrace, which is frequented by
Edmonds residents. The announcements were built around the theme that stormwater runoff is
not treated prior to discharge to receiving waters and that nothing other than clean rain water
should go down the drains.
• Between 2010 and 2011, the City installed 850 "Puget Sound Starts Here" storm drain markers
throughout the City in order to educate the public on the importance of preventing anything
other than clean rain water from entering storm drains. These markers were prioritized in
locations with high pedestrian traffic and areas near Puget Sound.
• In July of 2016, the City opened a Green Resource Center (GRC) in the lobby of the Development
Services Department. The purpose of the GRC is to promote and encourage the incorporation of
"green" practices into construction projects and daily property use. The GRC contains physical
space for various printed panel displays, 3-D displays, videos, and other materials. Resources
and references include information regarding energy and resource conservation, solar panels,
green building techniques, low impact stormwater management techniques, and various other
eco-friendly development ideas.
• Since 2016, the Parks and Public Works departments have teamed up to provide free public
watershed tours each fall. The 2016 tour traced the path of a raindrop as it fell in one of
Edmonds' residential neighborhoods, and included a discussion of raingardens, storm drains,
and other water catchment systems, ending at Shell Creek in Yost Park. The 2017 tour will
include a tour of the 238th St. municipal raingarden cluster, during which time we'll explore the
process of designing, building and maintaining a rain garden.
• In 2017 The City joined the Envirostars program, designed to promote and encourage green
business initiatives in Edmonds and throughout the region.
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8.2.b
MATE CHANGE �
SUSTAINABILITY
City Cour
September 5, 2C
Shane Hope Carrie Hite Phil Willia
8.2.b
To provide public information on what
the City has been doing to encourage
sustainability and climate protection
8.2.b
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• Edmonds Marsh Restoration
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• Cemetery Mapping
• Recreation Programming
8.2.b
"Greening"
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Complete Streets Ordinance,
Plan, design, and construct streets with appropriate accommodation for
pedestrians of all ages and abilities, bicycles, and transit.
8.2.b
City Facility Improvements:
• City Hall was awarded ENERGY STAR labels for years 2010 and 2011;
• Energy Use in the Public Safety Complex has been significantly reduced, savi
a total of $90,350;
• Facilities staff utilizes "Portfolio Manager" to track energy consumption of 1
City -owned buildings. Improvements led to a total cost savings of $221,000;
• LED soffit lights with motion sensors were installed in Public Works yard,
saving 16,700 kWh per year.
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Education &
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edmonds
greenebusiness
8.2.b
While there's always more to do, Edmonds has made
significant progress in reducing its carbon footprint �
promoting sustainability
8.2.c
RESOLUTION NO. 1389
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS
COMMITTING TO ACHIEVE OR EXCEED AT THE LOCAL LEVEL
THE GOALS ESTABLISHED IN THE PARIS CLIMATE ACCORD
WHEREAS, climate change poses a grave threat to the health and well-being of this and
future generations in Edmonds and beyond; and
WHEREAS, according to the World Health Organization, human -caused climate change
is already killing some 150,000 people every year around the world; and
WHEREAS, people of color, immigrants, refugees, economically disadvantaged
residents, older people and children, people who are homeless, and people with existing mental
or health conditions will experience climate change disproportionately; and
WHEREAS, the 2015 EPA report, Climate Change in the United States: Benefits of
Global Action, states that global action on climate change would prevent nearly 70,000
premature American deaths annually by the end of the century while sparing the country
hundreds of billions of dollars in economic losses; and
WHEREAS, Washington State has already experienced long- term warming, more o
frequent nighttime heat waves, sea level rising along most of Washington's coast, increased w
coastal ocean acidity, decline in glacial area and spring snowpack and the State Department of
Ecology has reported that, "human caused climate change poses an immediate and urgent co
threat"; and
14
WHEREAS, economists have concluded that Washington's families and businesses are
likely to incur billions of dollars of annual economic costs if Washington state and other states
and nations fail to drive reductions in climate -changing greenhouse gas pollution. These
economics impacts include increased energy costs, coastal and storm damage, reduced food
production, increased wildland fire costs, and increased public health costs; and
WHEREAS, in recognition of the immediate need to take strong and proactive action to
protect our environment, the City of Edmonds in 2006 established the Climate Protection
Committee with a core mission to:
1. Encourage Edmonds citizens to be a part of the solution
2. Encourage City staff and citizens to conserve current resources
3. Work with the City Council to implement ideas to preserve and enhance our
environment
4. Effectively address the future impacts of climate change
Packet Pg. 160
8.2.c
WHEREAS, the Climate Protection Committee has established key environmental
strategies to: 1) Reduce fossil fuels with renewable energy resources for energy supplied to
buildings, 2) Improve energy efficiency of and within buildings and 3) Require the design and
construction of new and remodeled commercial buildings to meet green building standards; and
WHEREAS, on June 6, 2017, Mayor Dave Earling signed the Mayors National Climate
Action Agenda and stated "In light of the [President's] decision to withdraw from the Paris
Accord, I feel it important for our city to emphasize our local commitment to, and continued
effort to improve our environment"; and
WHEREAS, as a signatory of the Safe Energy Leadership Alliance ("SELA"), Edmonds
has committed itself to being a regional and national leader in addressing the adverse impacts of
climate change driven by the burning of fossil fuels; and enacted bold policies and programs to
reduce emissions from its transportation, building energy, and waste sectors and reduced
emissions while its population has grown; and
WHEREAS, the Paris Agreement resulted in a commitment from almost every nation to
take action and enact programs to limit global temperature increase to less than 2 degrees
Celsius, with an expectation that this goal would be reduced to 1.5 degrees in the future; and
WHEREAS, the State of Washington has mandated statewide reduction of GHG
emissions to 50% below 1990 levels by 2050; and
WHEREAS, the City Council adopted Resolution No. 1129 on September 18, 2006 E
adopting the U.S. Mayors Climate Protection Agreement as amended by the 73rd Annual U.S. w
Conference of Mayors meeting; and CD
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WHEREAS, Resolution No. 1129 also requested semi-annual updates to City Council c
regarding the progress of the City in implementing the following program milestones: 1) Z
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Conduct a greenhouse gas emissions inventory and forecast for the City, 2) Establish a
greenhouse gas emission target (GHG), 3) Develop an action plan to meet the local greenhouse c
to
emissions target, 4) Implement the action plan and 5) periodically review progress and update
the plan; and
WHEREAS, on February 4, 2010 the City of Edmonds completed a Climate Change
Action Plan and within the plan it reported Edmonds buildings account for approximately one-
third of Edmond's GHG emissions for lighting, heating, cooling, and cooking; and
WHEREAS, the Climate Change Action plan states replacing fossil fuel -derived energy
with renewable energy sources for both city owned buildings and throughout our community is
critical to achieving the greenhouse gas emission reduction goals set forth in the City's Climate
Action Plan and the Compact of Mayors, to which the City is a signatory; and
WHEREAS, it is imperative that energy consumers and the utilities serving them take
early action to reduce carbon emissions given the accelerating rate climate change the planet is
Packet Pg. 161
8.2.c
experiencing, and shifting to 100% of electricity from renewable sources by 2025 is within
reach; and
WHEREAS, "renewable energy" includes energy derived from hydrogen, wind power
sited in ecologically responsible ways, solar, existing and low -impact hydroelectric, geothermal,
biogas (including biogas produced from biomass), and ocean/wave technology sources.
"Renewable energy" specifically excludes energy derived from fossil fuels, nuclear, biomass
feedstocks sourced from state and federal lands, hydrogen produced from fossil fuels, and
incineration of municipal and medical waste; and
WHEREAS, the Edmonds City Council has demonstrated its commitment to
environmental stewardship and the health and safety of Edmonds residents by numerous other
actions, including passing Resolution 1362 on June 28, 2016 stating its opposition to the
transport of crude oil by rail;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDMONDS, THAT: v
Section 1: City Council fully supports Mayor Dave Earling's June 6, 2017 endorsement
of the Mayors National Climate Action Agenda. c
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Section 2: City Council rededicates itself to partnering with the City administration and 3
Edmonds citizens to identify the benefits and costs of adopting policies and programs that y
promote the long-term goal of greenhouse gas emissions reduction while maximizing economic o
and social benefits of such action. E
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Section 3: The Planning Department and the Climate Protection Committee will report a)
annually to the City Council our current municipal and community -wide GHG inventory starting M
in 2018. o
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Section 4: The Planning Department and the Climate Protection Committee will establish c
and recommend to City Council a GHG emissions reduction target goal for both the near term
and long term by July 1, 2018. U)
Section 5: The Planning Department and the Climate Protection Committee will update U
our City's Climate Change Action Plan and review the specific strategies for meeting the o
emissions reduction target as well as tying mitigation with adaptation measures where possible.
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Section 6: The City establishes the following renewable energy goals for both municipal v
facilities and for the City at large:
a
i. 100% renewable energy for municipal facilities by 2019; and,
as
ii. 100% renewable energy for the City's community electricity supply by 2025. E
Section 7: By November 1, 2018, the Planning Department and the Climate Protection a
Committee will develop a work plan, including options, methods and financial resources needed
and an associated timeline and milestones to achieve these renewable energy goals.
3
Packet Pg. 162
8.2.c
RESOLVED this 27t" day of June, 2017.
ATTEST/AUT NTICATED:
Y CLERK, SCQXfPASSEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
APPROV.ED:
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June 28, 2017
June 27, 2017
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9.1
City Council Agenda Item
Meeting Date: 09/19/2017
Council Committee Reports (15 min.)
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Staff Recommendation
N/A
Narrative
This is an opportunity for the Council to report on items discussed in their committee meetings. The
committee meeting minutes are attached.
Attachments:
FC091217
PPP091217
PSP091217
Packet Pg. 164
9.1.a
FINANCE COMMITTEE MEETING
September 12, 2017
Elected Officials Present
Councilmember Diane Buckshnis (Chair)
Councilmember Dave Teitzel
Staff Present
Scott James, Finance Director
Dave Turley, Assistant Finance Director
Jeannie Dines, Recorder
The meeting was called to order at 7:32 p.m. in Council Chambers. Discussion regarding the Finance
Department position and funding for the Marsh Study was added.
1. July Budgetary Financial Report
Mr. Turley reported July's report is very similar to June. He responded to Councilmembers' questions
regarding long term debt service payments, revenue from the sale of parking permits, Bird Fest
registration fees, early repayment of 2012 LTGO debt, insurance expenditures, Edmonds investment
rate of return compared to benchmark, and the Combined Street Construction/Improvement fund
balance.
Discussion included determining available funding in Council salary and benefits due to the opening in
the Council legislative/administrative assistant position, timing of the approval of the new Finance
Department position, and staff additions/changes that will be proposed in the 2018 budget.
Councilmember Buckshnis offered to prepare a $75,000 decision package in the Council budget for the
Edmonds Marsh Study by September 22.
Action: Schedule on Consent
2. Contracting and Purchasing & Capital Asset Policy Updates
Mr. Turley reviewed the Capital Asset Policy, advising he circulated the policy to all the directors and
incorporated their comments. The policy is being updated in response to the audit.
Mr. Turley reviewed the Contracting and Purchasing Policy. Committee members requested the policy
include consideration of Minority or Woman Owned Business (MWBE) in procurement of products and
bid solicitations. Discussion followed regarding the potential impact on other policies. Councilmember
Teitzel offered to draft policy language and an agenda memo and staff will schedule the revision to the
policy on the Parks, Planning & Public Works and Public Safety & Personnel Committees' agendas as
well as forward it to directors for consideration of the ramifications.
Action: 1. Schedule Capital Asset Policy on Consent Agenda
2. Amendment to Contracting and Purchasing Policy to be considered by PPP and PSP
Committees as well as directors
3. Long -Range Financial Planning (LRFP) Committee Presentation of Revised Reserve
Policy
Councilmember Buckshnis said the process of revising the Reserve Policy should begin with the Council
because having it done by the LRFP Committee did not respect the legislative authority of the Council.
Councilmember Teitzel disagreed, advising the proposed policy was developed by staff and the LRFP
Packet Pg. 165
9.1.a
09/12/17 Finance Committee Minutes, Page 2
Committee as a working draft for review by the Finance Committee and ultimately the City Council. Mr.
James pointed out many policies are developed at the staff level and presented to the Finance
Committee for review and recommendation to Council. Mayor Earling formed the LRFP Committee to
draft a long range financial plan for the City; a key component is the City's Reserve Policy.
Discussion included the process for determining reserve amounts, establishing a timeline for developing
policies, and the need for documentation to support the LRFP Committee's recommendations.
Following a lengthy discussion, there remained a difference of opinion regarding the process for revising
the City's Reserve Policy; Councilmember Teitzel supported the LRFP Committee making a
recommendation for consideration by the Finance Committee; Councilmember Buckshnis wanted the
determination of reserves to be a Council driven -process rather than the Council considering a policy
drafted by the LRFP Committee. She was also concerned the public had not been involved in the
process.
Councilmember Teitzel asked to be included if Councilmember Buckshnis met with Mr. Taraday again
regarding this issue.
Action: Mr. James to provide the Finance Committee the background information that the LRFP
Committee considered in drafting the Reserve Policy.
The meeting was adjourned at 9:03 p.m.
Packet Pg. 166
PARKS, PLANNING AND PUBLIC WORKS COMMITTEE MEETING
September 12, 2017
Elected Officials Present Staff Present
Councilmember Neil Tibbott (Chair) Phil Williams, Public Works Director
Councilmember Kristiana Johnson Rob English, City Engineer
Mayor Dave Earling (intermittent) Carrie Hite, Parks & Recreation Director
Council President Tom Mesaros (intermittent) Jerrie Bevington, Recorder
Also Present
Noal Leonetti, Student Representative
The meeting was called to order at 7:32 p.m. in the Jury Meeting Room. Updates regarding a Report
on REET and on Sunset Avenue were added to the agenda.
Edmonds Veteran's Plaza Update and Request
Ms. Hite reviewed a request for an additional $41,000 to complete the Veterans Plaza, advising funds
are available in REET 2:
Electrical service ($20,000)
Redesign of mechanical vault to improve accessibility ($11,000)
Engineering staff time ($10,000)
Ms. Hite, Mr. English and Mr. Williams responded to questions regarding previous funding requests
and the use of those funds, total cost of the plaza ($710,000), the City's contribution to the project
($166,000), funds remaining in the management reserve, in-house engineering costs, issues with the
contractor, insufficiency of onsite utilities, reasons for the cost overruns, savings from the original
contractor not completing electrical service (already included in request), design of the mechanical
vault, future cost savings with redesign of the mechanical vault, other benefits of the electrical service,
and whether the Veterans Plaza Committee could raise the additional funds.
Discussion included concern with the budget/project creep and cost overruns, eliminating project
elements, funds the Veterans Plaza Committee is raising for the informational kiosk, support for
improving utilities in the plaza, and concern with repeated requests for additional funds.
Action: Presentation to full Council and potential action
2. ILA Snohomish County for Community Garden
Ms. Hite reviewed a draft ILA with Snohomish County to establish a community garden at Esperance
Park. Staff has been working with the Floretum Garden Club over the past several years to identify a
site and establish a garden and have been unable to find a site within Edmonds. Snohomish County
recently completed a master plan for the park which included a community garden. City staff will
manage plot rentals and revenues will be used for maintenance and operations. The capital budget
includes $155,000 for this project, $10,000 will be used for professional services to design the garden
as well as policies, procedures, operational, maintenance and business model and the remaining
funds (or less) will be used to construct raised -bed gardens. Snohomish County will provide power
and water to the site and pay for power; the City will pay for water.
Packet Pg. 167
09/12/17 PPP Committee Minutes, Page 2
Ms. Hite responded to questions regarding whether Snohomish County would fund the project as it is
in their master plan, why a community garden is not a Snohomish County priority, maintenance
responsibilities, size of the community garden site in Esperance Park, whether a community garden
could be included at Civic Field, staff's research of other potential locations, and fencing.
Discussion included other potential locations in Edmonds for a community garden, a property owner
interested in donating her property to the City via a life estate, and the previous community garden
established by the Floretum Garden Club.
Action: Staff research other options
3. Interlocal Agreement with Edmonds School District for Meadowdale Preschool
Ms. Hite relayed the City has had an ILA with the Edmonds School District for many years for the
Meadowdale Preschool program. The ILA allows the District to place and fund up to three students in
the program operated by the Parks & Recreation Department. No changes to the ILA are proposed.
Action: Schedule on Consent Agenda
4. Future Report on REET Funds
Staff and committee members discussed budgeting of REET funds, Council priorities for REET funds,
existing capital budget process, guidance for Parks capital projects provided by the PROS Plan and
whether to report to committees or full Council.
Committee members requested a "refresher" report that includes the following information:
• REET funds collected in 2017
• REET fund projection for next 2-3 years
• How REET 1 and 2 funds can be spent
• Changes the legislature has made on the use of REET funds
• Process for budgeting REET funds
• Projects funded with REET in 2017
Action: Schedule for full Council on October 3
5. Sunset Avenue
Mr. Williams relayed staff put up additional signs to deter wrong way driving on 2"d Avenue. The
Police Department requested changes to the parking code specific to Sunset Avenue to enable
enforcement; those changes will be presented to the Council in the near future. Once those changes
are approved, additional parallel parking spaces and signage will be added.
Discussion followed regarding alternate sign language, installing a barrier on the north end of the
walkway to prevent vehicular access, making Caspers one-way, local residents' concern with making
Caspers one-way, speeding on Sunset Avenue, and adding "no beach access" signage at Caspers.
Action: Information only.
The meeting was adjourned at 9:03 p.m.
Packet Pg. 168
9.1.c
PUBLIC SAFETY & PERSONNEL COMMITTEE MEETING
September 12, 2017
Elected Officials Present Staff Present
Councilmember Mike Nelson (Chair) Patrick Doherty, Econ. Dev./Comm. Serv. Dir.
Councilmember Adrienne Fraley-Monillas Scott Passey, City Clerk
Mayor Dave Earling
Council President Tom Mesaros
The meeting was called to order at 7:34 p.m. in the Police Training Room.
1. Review of the Leaislative Assistant/Administrative Assistant Position Descriation
Committee members reviewed the Legislative/Executive Assistant Scope of Work/Position Duties and
made several changes including:
• Combine legislative aid and executive assistant duties
• Under Essential Functions and Responsibilities, remove "Operates and maintains the Council
video recording equipment and camera operation including running the camera systems
recording Council meetings and redistributing Council meeting records"
• Under Working Conditions, add "Must be able to work in a solitary environment"
Discussion followed regarding timing of evaluations and the selection process.
Action: Forward to HR Director Mary Ann Hardie for review.
2. Indigenous Peoples Day Resolution
Mr. Doherty relayed at their September meeting, the Diversity Commission unanimously approved a
draft resolution recognizing the second Monday in October as both as Columbus Day and Indigenous
Peoples Day in the City of Edmonds. He listed other local and national cities that have made a similar
designation. Mr. Doherty briefly reviewed the resolution and relayed Diversity Commission Member
Diana White as well as several high school students plan to be present when the resolution is
considered.
Action: Schedule for Full Council September 19.
3. Council Cell Phones
Councilmember Fraley-Monillas expressed concern with Councilmembers conducting City business
on personal cell phones. She requested staff research acquiring City cell phones for Councilmembers.
Action: Forward to the Council Executive Assistant for research.
The meeting was adjourned at 7:48 p.m.
Packet Pg. 169