Loading...
2023-06-13 City Council PSPHSP Packet1. Op E D o Agenda Edmonds City Council BLIC SAFETY -PLANNING -HUMAN SERVICES -PERSONNEL CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 JUNE 13, 2023, 3:30 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. PERSONS WISHING TO ATTEND THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED ON CITY COUNCIL COMMITTEE NIGHTS FROM 3:30- 930 PM AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: VIVIAN OLSON (CHAIR), JENNA NAND, COUNCIL PRESIDENT (EX-OFFICIO MEMBER) CALL TO ORDER COMMITTEE BUSINESS 1. Amending Fingerprinting Fees -Edmonds Municipal Code Update (5 min) 2. Amending EMC 5.34.030-Removal of repealed RCW's and striking "Strangulation" as a chargeable offense (5 min) 3. Amending EMC 5.34.040-Adopting by reference RCW 71.105 (Protection Orders) (5 min) 4. Court Grant Expenditures (10 min) 5. Accounting Manager Job Description (5 min) 6. DSHS Development Disabilities Administration Interlocal Agreement Renewal (5 min) 7. Council Intern Proposal (20 min) ADJOURN Edmonds City Council Agenda June 13, 2023 Page 1 2.1 City Council Agenda Item Meeting Date: 06/13/2023 Amending Fingerprinting Fees -Edmonds Municipal Code Update Staff Lead: Shane Hawley Department: Police Services Preparer: Scott Passey Background/History Fingerprinting is a service provided to citizens by the police department. This comes in two forms: 1) Fingerprinting for Firearms purchases and Concealed License Purposes and 2) Fingerprinting for employment purposes (an employer requires that someone submit a fingerprint card as part of their employment process). Fees are collected and set by the State of Washington for Firearms and Concealed License purposes. The department is legally required to process those applications, which includes a fingerprinting component. Employment fingerprinting is a non -required service we have provided since the 1970's. During that time the processing fee has only been increased one time, from $2.00 to $5.00 in 1982. We process around requests per year for this service. Many of the requestors also require numerous fingerprint cards which can only be done using traditional ink printing methods. This is a time- consuming process. It takes anywhere between 20-60 minutes to process one set of prints, depending on the number of cards required. This update to EMC 3.50.010 increases the processing fee to $20.00 per applicant for two cards (which is standard) and $5.00 for each additional card. Recommendation Accept and modify Edmonds Municipal Code section 3.50.010 to increase the processing fee for non - required fingerprinting services. Narrative N/A Attachments: DRAFT Ordinance Amending ECC 3.50.010 (Fingerprint Fees) Packet Pg. 2 2.1.a 1090Qkle[yD10111 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 3.50 ECC (MISCELLANEOUS CHARGES) TO RAISE THE FEES CHARGED FOR FINGERPRINTING SERVICES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 1974, the City Council adopted Ordinance 1722 to add a two dollar ($2.00) fee for fingerprinting services to Edmonds City Code Chapter 3.50 (Miscellaneous Charges); and WHEREAS, this fee has been updated only once, to five dollars ($5.00) effective January 1, 1982, when the Council adopted Ordinance 2466; and WHEREAS, the Police Department has determined that the current fee is insufficient to cover the costs of these services and has requested an adjustment; and WHEREAS, after review and discussion, the City Council has determined it to be appropriate to amend Section 3.50.010 ECC ("Fees for fingerprinting services") to raise the fees associated with providing fingerprinting services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 3.50.010 is amended to read as follows (deleted text is shown in stfike tht!o-agh; new text is shown in underline): 3.50.010 Fees for fingerprinting services. A fee of &5-.W twenty dollars ($20.00) for two (2) print cards, and five dollars ($5.00) for each additional card shall be collected for each person requesting the making or preparing of a fingerprint record by the city. The record shall be prepared by the Edmonds police department, which agency shall also collect the fees for each such record prepared and which fees shall become a part of the general fund. Packet Pg. 3 2.1.a Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 4 2.1.a f Iuuy 1u M &Q 5311 IM.Wr/j 020111 of the City of Edmonds, Washington On the day of 2023, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 3.50 ECC (MISCELLANEOUS CHARGES) TO RAISE THE FEES CHARGED FOR FINGERPRINTING SERVICES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2023. CITY CLERK, SCOTT PASSEY Packet Pg. 5 2.2 City Council Agenda Item Meeting Date: 06/13/2023 Amending EMC 5.34.030-Removal of repealed RCW's and striking "Strangulation" as a chargeable offense Staff Lead: Shane Hawley Department: Police Services Preparer: Scott Passey Background/History During the 2022 legislative session, a massive bill was introduced that combined numerous RCW's into one. RCW 71.105 was a 320 page bill that incorporated every type of "protection" order offered under state law. This included anti -harassment orders, domestic violence protection orders and extreme risk protection orders. Included in that process was the repealing of virtually all of RCW 26.50 and several sections of RCW 10.99 that related to domestic violence. Those sections are now codified under RCW 71.105. Because of this consolidation, the previous RCW's that had been adopted by reference were repealed, which invalidated the Edmonds Municipal Code Sections that adopted them. This amendment removes the repealed RCW's from EMC 5.34.030. This amendment also removes the crime of "Strangulation" from the city code. That section was added many years ago in response to charging standards for the crime of 2nd Degree Assault. The act of strangling someone is a very violent act. It is a felony crime and technically meets the definition of 2nd Degree Assault. The burden of proof for that level of crime is very high. Most cases where strangulation is present never reach that level. That city code was adopted to create a Gross Misdemeanor crime for cases that were not filed as felonies. It contained increased penalties as well. Unfortunately, an unintended consequence of that code was the fact that it invalidated many of the safety factors built into a domestic violence conviction. Someone convicted of a domestic violence crime is ineligible to possess firearms, for instance. That is only true for domestic violence crimes under the RCW. Because it was a specific city code, a conviction for "strangulation" was not a firearms prohibitor. The charge would only show on a person's criminal history as "municipal code violation". For this reason, the crime has not been charged for many years, and will not be charged in the future either. Recommendation Accept and modify Edmonds Municipal Code section 5.34.030 removing repealed RCW's and striking the crime of "strangulation" from the city code. Narrative N/A Packet Pg. 6 2.2 Attachments: DRAFT Ordinance Amending ECC 5.34.030 (Domestic Violence) Packet Pg. 7 2.2.a AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.34 ECC (PERSONS, CRIMES RELATING TO) TO REPEAL, FOR PURPOSES OF MORE EFFECTIVE PROSECUTION, THE SUBSECTION RELATING TO THE CHARGE OF DOMESTIC VIOLENCE STRANGULATION; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, in April 2018, the City Council passed Ordinance 4108 to add certain charges relating to domestic violence to Edmonds City Code Chapter 5.34 (Persons, Crimes Relating To); and WHEREAS, since that time, the City's prosecuting attorney's office has determined that, in practice, the adopted subsection relating to the charge of domestic violence strangulation creates complications for the prosecution of domestic violence ("DV") cases, in that it is not recognized by the State and upon conviction, does not trigger other Washington State DV conviction consequences, such as firearm prohibitions, DNA samples, and Felony charging that results from previous DV convictions; and WHEREAS, the Police Department has determined that such complications may be resolved, and prosecution of domestic violence charges made more effective and appropriate, by removing the strangulation subsection from ECC 5.34 and instead relying on a charge of Assault in the Fourth Degree, as set forth in ECC 5.34.010, in cases that were previously charged under ECC 5.34.030(C); and WHEREAS, after review and discussion, the City Council has determined it to be appropriate to amend Section 5.34.030 ECC ("Domestic Violence") to repeal subsection (C) from that section; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Packet Pg. 8 2.2.a Section 1. ECC 5.34.030 is amended to repeal subsection (C) as follows (deleted text is shown in stfike thfough; new text is shown in underline): 5.34.030 Domestic Violence A. State Statutes Adopted by Reference. The following statutes of the state of Washington as the same exist or shall hereafter be amended are hereby adopted by reference: RCW 10.99.020 Definitions 10.99.030 Law enforcement officers — Training, powers, duties 10.99.040 Restrictions upon and duties of court 10.99.045 Appearances by defendant — Orders prohibiting contact 10.99.050 Restriction or prohibition of contact with victim — Procedures 10.99.055 Enforcement of orders against defendants 26.50.010 Definitions 26.50.020 Commencement of action — Jurisdiction — Venue 26.50.030 Petition for an order for protection — Availability of forms and instructional brochures — Filing fee — Bond not required 26.50.040 Application for leave to proceed in forma pauperis 26.50.050 Hearing — Service — Time 26.50.060 Relief 26.50.070 Ex parte temporary order for protection 26.50.080 Issuance of order — Assistance of peace officer — Designation of appropriate law enforcement agency 26.50.090 Order — Service 26.50.100 Order — Transmittal to law enforcement agency — Record in law enforcement information system — Enforceability 26.50.110 Violation of order — Penalties 26.50.120 Violation of order — Prosecuting attorney or attorney for municipality may be requested to assist — Costs and attorney's fees 26.50.130 Order — Modification — Transmittal 26.50.140 Peace officers — Immunity 26.50.200 Title to real estate — Effect 26.50.210 Proceedings additional 9A.36.150 Interfering with the reporting of domestic violence Packet Pg. 9 2.2.a B. Domestic Violence Anti -Merger Clause. Every person who, in the commission of a crime of domestic violence, shall commit any other crime, may be punished therefor as well as for the crime of domestic violence, and may be prosecuted for each crime separately. F� ..ES....:.. F�KS�!!*S!f ESli:!!Fiii�Ef f l7Slf Etli:!!�FSf T1 C.4, Exposing Children to Domestic Violence. 1. A person commits the crime of exposing children to domestic violence when he or she: a. Commits a crime of domestic violence, as defined in RCW 10.99.020; and b. The crime is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child, stepchild, or a minor child residing within the household of the person or victim. 2. For the purposes of this section, "witnessed" shall mean if the crime is seen or directly perceived in any other manner by the child. 3. Exposing children to domestic violence is a gross misdemeanor. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Packet Pg. 10 2.2.a Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 11 2.2.a f Iuuy 1u M &Q 5311 IM.Wr/j 020111 of the City of Edmonds, Washington On the day of 2023, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.34 ECC (PERSONS, CRIMES RELATING TO) TO REPEAL, FOR PURPOSES OF MORE EFFECTIVE PROSECUTION, THE SUBSECTION RELATING TO THE CHARGE OF DOMESTIC VIOLENCE STRANGULATION; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2023. CITY CLERK, SCOTT PASSEY Packet Pg. 12 2.3 City Council Agenda Item Meeting Date: 06/13/2023 Amending EMC 5.34.040-Adopting by reference RCW 71.105 (Protection Orders) Staff Lead: Shane Hawley Department: Police Services Preparer: Scott Passey Background/History In 2022, an amendment was made that added the Extreme Risk Protection order to the list of orders that were adopted into the Edmonds Municipal code by reference. During the 2022 legislative session, a massive bill was introduced that combined numerous RCW's into one. RCW 71.105 was a 320 page bill that incorporated every type of "protection" order offered under state law. This included anti - harassment orders, domestic violence protection orders and extreme risk protection orders. Because of this consolidation, the previous RCW's that had been adopted by reference were repealed, which invalidated the Edmonds Municipal Code Sections that adopted them. This change made it impossible for an officer to charge someone who violated a protection order into our Municipal Court, which is the appropriate place for a misdemeanor charge. Since the change, officers have had to charge them into a District Court, which is a completely different process and not the appropriate venue for our misdemeanor charges to be heard. This amendment adopts, by reference all of the protection orders under RCW 71.105 and allows them to be heard in the Edmonds Municipal Court. Recommendation Accept and modify Edmonds Municipal Code section 5.34.040 to adopt by reference sections of RCW 71.105 relating to protection order violations. Narrative N/A Attachments: DRAFT Ordinance Amending EMC 5.34.040 (Protection Orders) Packet Pg. 13 2.3.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO PROTECTION ORDERS AND AMENDING EDMONDS MUNICIPAL CODE SECTION 5.34.040; PROVIDING FOR SEVERABILITY; AND SETTING THE EFFECTIVE DATE. WHEREAS, chapter 5.34 of the Edmonds Municipal Code addresses crimes relating to persons; and WHEREAS, the City Council has adopted various RCW's that define protection order violations so these may be prosecuted in municipal court; and WHEREAS, the Washington State Legislature repealed and recodified several statutes regarding protection orders in Substitute House Bill 1901 and Engrossed Second Substitute House Bill 1320; and WHEREAS, protection orders are an important tool for public safety; and WHEREAS, specifically adopting RCW's in regard to protection orders provides clarity and thereby will enhance public safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.34.040 of the ECC, entitled "Failure to abide by court order," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike -through): 5.34.040 Failure to abide by court order. A. State Statutes Adopted by Reference. The following statutes of the state of Washington as the same exist or shall hereafter be amended are hereby adopted by reference: RCW LO 0 Packet Pg. 14 2.3.a 7.105.010 Definitions. 7.105.450 Enforcement and penalties —Other than antiharassment protection orders and extreme risk protection orders. 7.105.455 Enforcement and penalties—Antiharassment protection orders. 7.105.460 Enforcement and penalties — Extreme risk protection orders — False petitions 7.105.465 Enforcement and penalties — Knowledge of order. 7.105.470 Enforcement — Prosecutor assistance. B. It shall be a misdemeanor for any person subject to a court order, the violation of which is not covered by a specific provision of this chapter, to knowingly and willfully violate the terms of that order. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: MAYOR MICHAEL NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Commented [Al]: This section was repealed by ESSH 0 U d v c L E Q Packet Pg. 15 2.3.a m JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Lo 0 r Packet Pg. 16 2.3.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2023, the City Council of the City of Edmonds, passed Ordinance No. . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO PROTECTION ORDERS AND AMENDING EDMONDS MUNICIPAL CODE SECTION 5.34.040; PROVIDING FOR SEVERABILITY; AND SETTING THE EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 12023. CITY CLERK, SCOTT PASSEY LO 0 Packet Pg. 17 2.4 City Council Agenda Item Meeting Date: 06/13/2023 Court Grant Expenditures Staff Lead: Uneek Maylor Department: Municipal Court Preparer: Uneek Maylor Background/History The court received multiple grants for its Therapeutic Court. These grants have provided funding for staff salaries, supplies/equipment, training/conferences, meals, and transportation for offenders accessing court services. The court also has received a contract for legal financial obligation reimbursement regarding Blake affected cases. Staff Recommendation We recommend the Council to grant the court authorization to receive grants funds from the Administrative Office of the Courts to pay court expenditures to the next Council consent agenda. We also recommend Council provide a letter of support for the 2023-2024 Therapeutic Court Funds grant application to continue community court funding. Narrative The court is requesting to have expenditure authority on the attached grants and Blake contract. Attachments: IAA24070_EDMON DS_M U N ICI PAL_COU RT_Blake_Contract Edmonds Municipal Court - SB 5476 Grant _GRT23209_Edmonds_Contract_and_Attachment_A (1) _IAA23208_Community_Justice_Counselor_Contra (1) Packet Pg. 18 DocuSign Envelope ID: BDE33CFA-9C20-4F2C-9B96-A5C7020523E7 2.4.a INTERAGENCY REIMBURSEMENT AGREEMENT IAA24070 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND EDMONDS MUNICIPAL COURT THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into by and between the Administrative Office of the Courts ("AOC") and EDMONDS MUNICIPAL COURT ("Jurisdiction") to reimburse EDMONDS MUNICIPAL COURT for the extraordinary costs of resentencing and vacating sentences as required by State v. Blake ("Blake"). I. PURPOSE The purpose of this Agreement is to reimburse Jurisdiction for the extraordinary judicial, prosecutorial, and/or defense -related costs of resentencing and vacating the sentences of individuals whose convictions or sentences are affected by the Blake decision. For municipalities, this will include language from Engrossed Substitute Senate Bill 5187, Section 114(13) passed by the 2023 Legislature, which includes simple drug possession, to include cannabis and possession of paraphernalia. II. REIMBURSEMENT Extraordinary Expenses Reimbursement. AOC shall reimburse Jurisdiction up to a maximum of $ 146044 for the extraordinary judicial, prosecutorial, and/or defense -related costs (collectively, "Costs") of resentencing and vacating the sentences of individuals whose convictions and/or sentences are affected by the Blake decision. Municipalities should be advised, the Washington Legislature passed Engrossed Substitute Senate Bill 5187, Section 114(13), which requires vacating of cannabis and possession of paraphernalia. A. To be eligible for reimbursement, the Costs must be incurred between July 1, 2023 and June 30, 2024. AOC will not reimburse Jurisdiction for Costs incurred after June 30, 2024. AOC may, at its sole discretion, deny reimbursement requests in excess of the amount awarded. If additional funding is or becomes available for these purposes, AOC and Jurisdiction may mutually agree to increase the amount awarded under this Agreement. B. General. AOC shall reimburse Jurisdiction for approved and completed reimbursements by warrant or electronic funds transfer within 30 days of receiving a properly completed A-19 invoice and the necessary backup documentation. III. PERIOD OF PERFORMANCE Performance under this Agreement begins July 1, 2023, regardless of the date of execution, and ends on June 30, 2024. The period of performance may be amended by mutual agreement of the Parties. U IAA24070 Page 1 of 4 Packet Pg. 19 DocuSign Envelope ID: BDE33CFA-9C20-4F2C-9B96-A5C7020523E7 2.4.a IV. TERMS OF REIMBURSEMENT A. Jurisdiction shall electronically submit, once per month, its A-19 invoices to Payables(a)_courts.wa.gov. B. Jurisdiction's A-19 invoices must include: 1. Payment documents from Jurisdiction indicating the amounts expended, the recipients, and the date of expenditure; 2. A list of any case numbers associated with the services provided; 3. A breakdown of expenses by judicial, prosecutorial, and defense -related costs; A 4. Any employee positions supported by Blake related funds, broken down by judicial, prosecutorial, and defense -related positions, including name of employee, title, hourly wage of the individual, time spent on Blake -related cases and a list of corresponding cause numbers; 5. The unique three -digit court code for the Jurisdiction the work was completed on behalf of must be provided on the A-19. If a Jurisdiction contracts with another jurisdiction to provide court services, then the unique court code for the jurisdiction for which the work was completed must be provided; and 6. Data, including case numbers and aggregate data on the number and type of cases: a. Vacated under Blake; b. Resentenced under Blake; and C. Being worked on under Blake. V. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by agreement of the Parties. Such amendments are not binding unless they are in writing and signed by personnel authorized to bind each of the Parties. VI. GOVERNANCE A. This Agreement is entered into pursuant to and under the authority IAA24070 Page 2 of 4 Packet Pg. 20 DocuSign Envelope ID: BDE33CFA-9C20-4F2C-9B96-A5C7020523E7 2.4.a granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement must be construed to conform to those laws. B. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: 1. Applicable state and federal statutes and rules; 2. This Agreement; and then 3. Any other provisions of the Agreement, including materials incorporated by reference. VII. WAIVER U A failure by either Party to exercise its rights under this Agreement does not preclude that Party from subsequent exercise of such rights and is not a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the Party and attached to the original Agreement. VIII. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference is held invalid, such invalidity does not affect the other provisions of this Agreement that can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. IX. AGREEMENT MANAGEMENT The Program Managers/Point of Contacts noted below are responsible for and are the contact people for all communications and billings regarding the performance of this Agreement: AOC Program Manager Jurisdiction Program Manager/Point of Contact Sharon Swanson Uneek Mayl or Blake Implementation Manager Court Administrator PO Box 41170 250 5th Ave N Olympia, WA 98504-1170 Edmonds, WA 98020 Sharon. SwansonCcDcourts.wa.gov edmcourt@edmondswa.gov (360) 890-2549 425-771-0210 IAA24070 Page 3 of 4 Packet Pg. 21 DocuSign Envelope ID: BDE33CFA-9C20-4F2C-9B96-A5C7020523E7 2.4.a X. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement are considered to exist or to bind any of the Parties to this agreement unless otherwise stated in this Agreement. AGREED: Administrative Office of the Courts Signature Christopher Stanley Name Date Chief Financial and Management Officer Title DocuSigned by: �MA (hr 5/22/2023 igna ure467 Date Uneek Maylor Name Court Administrator Title U a� E U 0 Q IAA24070 Page 4 of 4 Packet Pg. 22 2.4.b GRANT AGREEMENT - GRT22434 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND EDMONDS MUNICIPAL COURT THIS AGREEMENT (Agreement) is made by and between, Washington State Administrative Office of the Courts (AOC) and Edmonds Municipal Court, (Grantee), (collectively as the Parties and individually each as a Party). L The Parties hereby enter into this Agreement whereby Grantee will perform certain services for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions specified in Attachment A and agrees to the following terms and conditions. x w 1. SCOPE OF WORK Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community - based therapeutic interventions within the Contractor's jurisdiction in accordance with the Contractor's grant application, Award Letter (Attachment B), and Statement of Work (Attachment A). 2. TERM AND PERIOD OF PERFORMANCE This Agreement's period of performance runs from December 1, 2021 through June 30, 2023, unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement and all its terms and conditions shall remain in full force and effect until all deliverables are completed or otherwise terminated, and this Agreement is terminated and/or completed. 3. COMPENSATION AND PAYMENT The awarded amount is $129,886. Grantee will use the funds for the following cost categories: Cost Category Amount Personnel salaries & benefits $106,444 Staff equipment & training $19,895 Treatment services $0,000 Other participant services $3,547 Total $129,886 Grantee may vary the amount in any particular category by up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC's Project Manager, and in no case may the total amount exceed the amount above. GRT22434 Page 1 of 6 Packet Pg. 23 2.4.b This amount includes expenses necessary or incidental to performing the items under the Statement of Work, including, but not limited to, travel, lodging and per diem related expenses. Contractor will submit an invoice after the completion and acceptance of each deliverable noted above. This amount will be disbursed in two allotments, one in December 2021 and the second in July 2022 upon receipt of a properly filled out Form A-19. 4. REPORTING The Contractor must submit quarterly reports to AOC documenting the progress their therapeutic court program. These reports will provide: • The number of program participants for the corresponding quarter, • The services provided to program participants for the corresponding quarter, • The cost of services provided to program participants for the corresponding quarter, • Other costs accrued by the Contractor to support the therapeutic court program during the corresponding quarter, and • Any challenges faced by the Contractor in operating their therapeutic court program during the corresponding quarter. Reports shall be emailed to Stephanie Oyler at Steplianie.Oyler �courts.wa.gov on the following schedule: Period Report Due 12/01 /21 - 04/16/22 04/31 /22 04/17/22 - 09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Contractor's eligibility for future funding. 5. BILLING PROCEDURES Contractor will submit properly prepared Form A-19s via email to AOC Financial Services at_ MSDFinancialServices(a�courts.wa.aov. Invoices shall be submitted no more than twice during the pendency of the contract. Incorrect or incomplete invoices shall be returned by AOC to Contractor for correction and reissuance, and may result in delays in funding. All Invoices shall provide and itemize, at a minimum, the following: A. Contract Number GRT22434; B. Contractor name, address, phone number; C. Contractor Federal tax Identification Number; GRT22434 Page 2 of 6 U Packet Pg. 24 2.4.b D. Description of Services to be provided; E. Date(s) Services will be provided; F. Total Invoice Price. Payment will be considered timely if made by the AOC within thirty (30) calendar days of receipt of a properly prepared invoice. Payment shall be sent to the address designated by the Contractor. The AOC may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. i No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AOC. Q 6. SAFEGUARDING OF INFORMATION x The use or disclosure by the Contractor of any information obtained as a result of performance under this contract concerning the AOC or the Court for any purpose not 3 directly connected with the administration of the AOC's, the Court's or the Contractor's L) responsibilities with respect to services provided under this contract is prohibited except by written consent of the AOC or the Court. 7. CONFLICT OF INTEREST Grantee warrants that at the date of execution of this Agreement, no organizational conflict of interest exists or is likely to arise in the performance of its obligations under the Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest arises in the future. 8. PROJECT MANAGEMENT The Project Manager for each of the parties shall be the contact person for all communications regarding the performance of this Contract. AOC Project Manager Stephanie Oyler PO Box 41170 Olympia, WA 98504-1170 stephanie.oyler@courts.wa.gov 360-890-0901 9. ASSIGNMENT Contractor Project Manager Julie Espinoza Lead Clerk 250 5th Ave N Edmonds, WA 98020 julie.espinoza@edmondswa.gov 425-771-0243 Grantee agrees that none of the deliverables to be furnished under this Agreement shall be assigned or subcontracted (including to independent consultants) without the prior written permission of AOC. GRT22434 Page 3 of 6 Packet Pg. 25 2.4.b 10.TERMINATION A. Termination for Default The AOC may, by written notice, terminate this contract, in whole or in part, for failure of the Contractor to perform any of the obligations or provisions required by the contract. In the event of default, the Contractor shall be liable for damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time; Provided, that if (i) it is determined for any reason the Contractor was not in default, or (ii) the Contractor's failure to perform is without Contractor's and/or Subcontractor's control, fault, or negligence, the termination shall be deemed to be a Termination for Convenience. B. Termination for Convenience Except as otherwise provided in this contract, the AOC may terminate this contract by providing written notice of such termination to the Contractor, specifying the effective date thereof, at least five (5) calendar days prior to such date. If this contract is so terminated, the AOC shall be liable only for payment for services rendered prior to the effective date of termination. 11. DISPUTES The Parties agree to attempt to resolve any dispute arising under this Agreement first by elevating the matter to appropriate levels of management within each organization. Grantee agrees that pending any decision, appeal or judgment on the settlement of any dispute arising under this Agreement, Grantee shall proceed diligently with the performance of this Agreement. 12. INDEMNIFICATION The Contractor shall defend, protect, and hold harmless the state of Washington, the AOC, or any employees thereof, from and against all claims, suits or actions arising from the Contractor's acts which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark or trade name through use or reproduction of material of any kind. 13. FORCE MAJEURE Neither Contractor nor AOC shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except Subcontractors). GRT22434 Page 4 of 6 U Packet Pg. 26 2.4.b 14. REPRESENTATION AND CERTIFICATIONS Grantee shall complete all required Representations and Certifications as they apply to this Agreement, if any. Grantee further agrees that it will provide additional or annual Representations and Certifications as may be requested by AOC in connection with this Agreement, and also agrees to promptly notify AOC of any changes which modify the information contained in any such Representations and Certifications. 15. COMPLIANCE WITH LAWS Grantee shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this Agreement. i 16. INDEPENDENT CONTRACTORS a� Grantee is an independent contractor in relation to AOC with respect to all matters arising w under this Agreement. Nothing herein shall be construed to establish a partnership, joint venture, association or employment relationship between the parties. Neither Party shall be deemed to be an agent of the other or to have any authority to bind or create any obligation, express or implied, on behalf of the other. o U 17. WHOLE AGREEMENT This Agreement and the SOW attached hereto contain and embody the entire agreement of the Parties hereto and supersede all prior agreements, negotiations and discussions between the Parties hereto. Any representation, inducement or agreement that is not contained in this Agreement shall not be of any force or effect. Except as otherwise expressly provided in this Agreement, this Agreement may not be modified or changed in whole or in part in any manner other than by an instrument in writing duly signed by both Parties hereto. 18. NO PUBLICITY No news releases, public announcement, Customer(s) names, denial or confirmation of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without the prior written consent of AOC. The restrictions of this section shall continue in effect upon completion or termination of this Agreement for such period of time as may be mutually agreed upon in writing by the Parties. In the absence of a written established period, no disclosure is authorized. 19. GOVERNING LAWIVENUE This Agreement will be governed by and construed and enforced in accordance with the laws of Washington without giving effect to the principles of conflict of laws thereunder. 20. EXECUTION IN COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall constitute one and the same Agreement. GRT22434 Page 5 of 6 Packet Pg. 27 2.4.b 21. WAIVER No Party shall be deemed to have waived any right hereunder unless such waiver is in writing, and the waiver or failure of either Party to exercise in any respect any right provided for herein shall not be a waiver of any further right hereunder. 22. SEVERABILITY If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect as if this Agreement had been executed within the invalid portion eliminated. N N 23. HEADINGS Any headings used in this Agreement are for purposes of organization only and have no Q independent legal significance. w L In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the 0 day and year below written. o U Administrative Office of the Courts Signature Date Dawn Marie Rubio Name State Court Administrator Title Grantee O l Signature Date Name Title G RT22434 Page 6 of 6 Packet Pg. 28 2.4.b GR22434- Attachment A Statement of Work The Contractor must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community -based therapeutic interventions within the Contractor's jurisdiction in accordance with the Contractor's grant application. Funds can be used for the following costs categories: • personnel salaries & benefits, ■ staff equipment & training, • treatment services (therapeutic services specifically designed to address SUD and MH) & compliance monitoring, and • other participant services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks). Funds cannot be used for: replacing or supplementing the salary of current employees of the Contractor (employees must be taking on additional work or be a new employee to be eligible for funding), program incentives that constitute a gift or reward items and activities outside of the cost categories listed in the Contractor's award letter. The Contractor shall submit quarterly reports to AOC documenting the progress their therapeutic court program. These reports shall provide: • the number of program participants for the corresponding quarter, • the services provided to program participants for the corresponding quarter, • the cost of services provided to program participants for the corresponding quarter • other cost accrued by the Contractor to support the therapeutic court program during the corresponding quarter, and • challenges faced by the Contractor in operating their therapeutic court program during the corresponding quarter. Reports shall be emailed to Stephanie Oyler at Stephanie.OyierCcD-courts.wa.gov. Reporting schedule: Period Re ort Due 12/01 /21 - 04/16/22 04/31 /22 04/17/22 - 09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Contractor's eligibility for future funding. GRT22434 - Attachment A U Packet Pg. 29 4 2.4.b WASHINGTON COURTSADMINISTRATIVE OFFICE OF THE COURTS Dawn Marie Rubio, J.D State Court Administrator SENT VIA EMAIL October 29, 2021 N N L ATTN: Whitney Rivera, Presiding Judge c Uneek Maylor, Administrator. Edmonds Municipal Court w 250 5th Ave N Edmonds, WA 98020-3146 r L O U Subject: Award Letter for SB 5476 Therapeutic Court Grant Program c We are pleased to inform you that the Administrative Office of the Courts (AOC) has reviewed your recent grant application, and has chosen to award you a grant in the amount of $129,886.00. The amount awarded may differ from the amount you requested. AOC adjusted all funding requests to start in December 2021 and end at the conclusion of FY23 (July 2023). If you have any questions about how your award was recalculated, please reach out to Stephanie Oyler at Steihanie.Oyler(c7courts.wa.gov. It is the intention of AOC that the grant be used to identify individuals before Edmonds Municipal Court with substance use disorders or other behavioral health needs and engage those individuals with community -based therapeutic interventions as described in your grant application. This award letter explains the responsibilities and expectations of grant recipients. You will receive a Grant Agreement formalizing the terms of your award and a blank A-19 form in November. Grant recipients must sign the Grant Agreement and complete an A-19 form within ten days of receipt, and specify the contract manger, including their contact information. Once the Grant Agreement and accompanying A-19 form are signed and returned to AOC, the award monies will be dispersed. Award Disbursement Your award will be split into two disbursements. Recipients will receive the first half of their award ($64,943.00) in December 2021, and the second half of their award ($64,943.00) in July 2022. Award monies will be divided into one of four cost categories. Cost categories will dictate how an award can be spent. The cost categories are as follows: • Personnel Salaries & Benefits • Staff Equipment & Training STATE OF WASHINGTON 1206 QUINCE ST SE • P.O. Box 41170 a Olympia, WA 98504-1170 360-753-3365 • 360-586-8869 Fax • www.courts.wa.gov Packet Pg. 30 • Treatment Services (therapeutic services specifically designed to address SUD and MH) & Com Monitoring • Other Participant Services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks, but excludin_g program incentives that would constitute a "gift." The table below will show how your award must be distributed amongst the cost categories. A recipient is allowed to move award monies between categories if it less than 10% of the total award amount. If a recipient wishes to move more than 10% of the total award between cost categories, the recipient must have permission from AOC. Personnel Staff Equipment & Training Treatment Services Other Participant Services $106,444.00 $19,895.00 $0.00 $3,547.00 Reporting Requirements Total Award $129,886.00 Award recipients will be required to report quarterly to AOC on the impact of the award on their court and the effectiveness of their therapeutic court program at the dates listed below: First Report due April 30, 2022 Second Report due September 31, 2022 Third Report due February 28, 2023 Fourth Report due June 30, 2023 Reports should include the number of individuals engaged in your therapeutic court program for that quarter, a detailed list of the services provided to individuals involved in the program for that quarter, the cost of those services and a description of the challenges faced by your therapeutic court program. Reports should be submitted to Stephanie.Oyier[aD-courts.wa.gov. If you have any questions regarding the terms expressed in this letter, please contact Brittany Gregory at E3rittany.Grego[y(@courts.wa.gov. Respectfully, �o Christopher Stanley Chief Financial and Management Officer cc: Dawn Marie Rubio, State Court Administrator Brittany Gregory, Associate Director of Judicial and Legislative Relations Stephanie Oyler, Court Association Coordinator STATE OF WASHINGTON 1206 QUINCE ST SE • P.O. Box 41170 • Olympia, WA 98504-1170 360-753-3365 • 360-586-8869 Fax • www.courts.wa.gov U Packet Pg. 31 DocuSign Envelope ID:2C714976-61E6-4E2B-97DC-94B2C2200C8F 2.4.c GRANT AGREEMENT-GRT23209 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND EDMONDS MUNICIPAL COURT THIS AGREEMENT (Agreement) is made by and between, Washington State Administrative Office of the Courts (AOC) and Edmonds Municipal Court, (Grantee), (collectively as the Parties and individually each as a Party). The Parties hereby enter into this Agreement whereby Grantee will perform certain services for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions specified in Attachment A and agrees to the following terms and conditions. 1. SCOPE OF WORK Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community - based therapeutic interventions within the Grantee's jurisdiction in accordance with the Grantee's grant application, and Statement of Work (Attachment A). This contract constitutes an official award letter. 2. TERM AND PERIOD OF PERFORMANCE This Agreement's period of performance runs from July 1, 2022 through June 30, 2023, unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement and all its terms and conditions shall remain in full force and effect until all deliverables are completed or otherwise terminated, and this Agreement is terminated and/or completed. 3. COMPENSATION AND PAYMENT The awarded amount is $7,764.00. Grantee will use the funds for the following cost categories (these amounts need to match what the grantee submitted in their application) Cost Category Amount Personnel salaries & benefits $4764 Staff equipment & training $3000 Treatment services $ Other participant services $ Total $7764 Grantee may vary the amount in any particular category by up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC's Project Manager, and in no case N GRT23209 Page 1 of 6 Packet Pg. 32 DocuSign Envelope ID: 2C714976-61 E6-4E2B-97DC-94B2C2200C8F 2.4.c may the total amount exceed the awarded amount above. This amount includes expenses necessary or incidental to performing the items under the Statement of Work, including, but not limited to, travel, lodging and per diem related expenses. Grantee will submit an invoice after the completion and acceptance of each deliverable noted above. This amount will be disbursed in two allotments, one in August 2022 and the second in January 2023 upon receipt of a properly filled out Form A-19. 4. REPORTING The Grantee must submit quarterly reports to AOC documenting the progress of their therapeutic court program. These reports will provide: • The number of program participants for the corresponding quarter, • The services provided to program participants for the corresponding quarter, • The cost of services provided to program participants for the corresponding quarter, • Other costs accrued by the Grantee to support the therapeutic court program during the corresponding quarter, and • Any challenges faced by the Grantee in operating their therapeutic court program during the corresponding quarter. Reports shall be submitted to https://inside.courts.wa.gov/apes/therapeuticgrants/view/dsp the rapeuticgrants .cfm on the following schedule: Period Report Due 07/01 /22 - 09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Grantee's eligibility for future funding. 5. BILLING PROCEDURES Grantee will submit properly prepared Form A-19s via email to AOC Financial Services at payablesl'c�courts.wa.gov. Invoices shall be submitted no more than twice during the pendency of the contract. Incorrect or incomplete invoices shall be returned by AOC to Grantee for correction and reissuance, and may result in delays in funding. All Invoices shall provide and itemize, at a minimum, the following: A. Contract Number GRT23209 B. Grantee name, address, phone number; C. Grantee Federal Tax Identification Number; c M E a GRT23209 Page 2 of 6 Packet Pg. 33 DocuSign Envelope ID:2C714976-61E6-4E2B-97DC-94B2C2200C8F 2.4.c D. Description of Services to be provided; E. Date(s) Services will be provided; F. Total Invoice Price. Payment will be considered timely if made by the AOC within thirty (30) calendar days of receipt of a properly prepared invoice. Payment shall be sent to the address designated by the Grantee. The AOC may, in its sole discretion, terminate the contract or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AOC. 6. SAFEGUARDING OF INFORMATION The use or disclosure by the Grantee of any information obtained as a result of performance under this contract concerning the AOC or the Court for any purpose not directly connected with the administration of the AOC's, the Court's or the Grantee's responsibilities with respect to services provided under this contract is prohibited except by written consent of the AOC or the Court. 7. CONFLICT OF INTEREST Grantee warrants that at the date of execution of this Agreement, no organizational conflict of interest exists or is likely to arise in the performance of its obligations under the Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest arises in the future. 8. PROJECT MANAGEMENT The Project Manager for each of the parties shall be the contact person for all communications regarding the performance of this Contract. AOC Project Manager II Grantee Project Manager Stephanie Oyler Uneek Maylor PO Box 41170 Court Administrator Olympia, WA 98504-1170 250 5t" Ave North Stephanie.Oyler@courts.wa.gov Edmonds, WA 98020 360-890-0901 Uneek.maylor(a)-edmondswa.gov 9. ASSIGNMENT Grantee agrees that none of the deliverables to be furnished under this Agreement shall be assigned or subcontracted (including to independent consultants) without the prior written permission of AOC. N GRT23209 Page 3 of 6 Packet Pg. 34 DocuSign Envelope ID: 2C714976-61 E6-4E2B-97DC-94B2C2200C8F 2.4.c 10.TERMINATION A. Termination for Default The AOC may, by written notice, terminate this contract, in whole or in part, for failure of the Grantee to perform any of the obligations or provisions required by the contract. In the event of default, the Grantee shall be liable for damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time; Provided, that if (i) it is determined for any reason the Grantee was not in default, or (ii) the Grantee's failure to perform is without Grantee's and/or SubGrantee's control, fault, or negligence, the termination shall be deemed to be a Termination for Convenience. B. Termination for Convenience Except as otherwise provided in this contract, the AOC may terminate this contract by providing written notice of such termination to the Grantee, specifying the effective date thereof, at least five (5) calendar days prior to such date. If this contract is so terminated, the AOC shall be liable only for payment for services rendered prior to the effective date of termination. 11. DISPUTES The Parties agree to attempt to resolve any dispute arising under this Agreement first by elevating the matter to appropriate levels of management within each organization. Grantee agrees that pending any decision, appeal or judgment on the settlement of any dispute arising under this Agreement, Grantee shall proceed diligently with the performance of this Agreement. 12. INDEMNIFICATION The Grantee shall defend, protect, and hold harmless the state of Washington, the AOC, or any employees thereof, from and against all claims, suits or actions arising from the Grantee's acts which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark or trade name through use or reproduction of material of any kind. 13. FORCE MAJEURE Neither Grantee nor AOC shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except SubGrantees). a� E a GRT23209 Page 4 of 6 Packet Pg. 35 DocuSign Envelope ID:2C714976-61E6-4E2B-97DC-94B2C2200C8F 2.4.c 14. REPRESENTATION AND CERTIFICATIONS Grantee shall complete all required Representations and Certifications as they apply to this Agreement, if any. Grantee further agrees that it will provide additional or annual Representations and Certifications as may be requested by AOC in connection with this Agreement, and also agrees to promptly notify AOC of any changes which modify the information contained in any such Representations and Certifications. 15. COMPLIANCE WITH LAWS L Grantee shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this Agreement. a 16. INDEPENDENT GRANTEES x w Grantee is an independent Grantee in relation to AOC with respect to all matters arising � under this Agreement. Nothing herein shall be construed to establish a partnership, joint 3 venture, association or employment relationship between the parties. Neither Party shall be deemed to be an agent of the other or to have any authority to bind or create any obligation, express or implied, on behalf of the other. 17. WHOLE AGREEMENT This Agreement and the SOW attached hereto contain and embody the entire agreement of the Parties hereto and supersede all prior agreements, negotiations and discussions between the Parties hereto. Any representation, inducement or agreement that is not contained in this Agreement shall not be of any force or effect. Except as otherwise expressly provided in this Agreement, this Agreement may not be modified or changed in whole or in part in any manner other than by an instrument in writing duly signed by both Parties hereto. J mWelo1V 4:u, I IL, [elFwViT/rA4 o [1] 4 This Agreement will be governed by and construed and enforced in accordance with the laws of Washington without giving effect to the principles of conflict of laws thereunder. 19. EXECUTION IN COUNTERPARTS M N This Agreement may be executed in one or more counterparts and each counterpart shall constitute one and the same Agreement. r 20. WAIVER E No Party shall be deemed to have waived any right hereunder unless such waiver is in writing, and the waiver or failure of either Party to exercise in any respect any right provided for herein shall not be a waiver of any further right hereunder. a 21. SEVERABILITY If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect as if this Agreement had been executed within the invalid portion eliminated. GRT23209 Page 5 of 6 Packet Pg. 36 DocuSign Envelope ID: 2C714976-61 E6-4E2B-97DC-94B2C2200C8F 2.4.c 22. HEADINGS Any headings used in this Agreement are for purposes of organization only and have no independent legal significance. In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the day and year below written. Administrative Office of the Courts EDocuSigned by: 1 /6/2023 6760CAAF4FE6410... Signature Date Christopher Stanley Name Director, MSD Title Grantee DocuSigned by: I, 1hr 1 /6/2023 Signature Date Uneek Maylor Name Title Court Administrator a GRT23209 Page 6 of 6 Packet Pg. 37 DocuSign Envelope ID:2C714976-61E6-4E2B-97DC-94B2C2200C8F 2.4.c Attachment A Statement of Work: The Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community -based therapeutic interventions within the Grantee's jurisdiction in accordance with the Grantee's grant application. Funds can be used for the following costs categories: • personnel salaries & benefits, • staff equipment & training, • treatment services (therapeutic services specifically designed to address SUD and MH) & compliance monitoring, and • other participant services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks). Funds cannot be used for: • replacing or supplementing the salary of current employees of the Grantee (employees must be taking on additional work or be a new employee to be eligible for funding), • program incentives that constitute a gift or reward • items and activities outside of the cost categories listed in the Grantee's contract. The Grantee shall submit quarterly reports to AOC documenting the progress their therapeutic court program. These reports shall provide: • the number of program participants for the corresponding quarter, • the services provided to program participants for the corresponding quarter, • the cost of services provided to program participants for the corresponding quarter • other cost accrued by the Grantee to support the therapeutic court program during the corresponding quarter, and • challenges faced by the Grantee in operating their therapeutic court program during the corresponding quarter. Reports shall be submitted to https://inside.courts.wa.gov/apps/therapeuticgrants/view/dsp therapeuticgrants .cfm on the following schedule: Reporting schedule: Period Report Due 07/01 /22-09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Grantee's eligibility for future funding. N c 0 Q Packet Pg. 38 DocuSign Envelope ID: A9028D2E-2C19-43CC-9320-019A345DDAFF 2.4.d GRANT AGREEMENT — IAA23208 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND EDMUNDS MUNICIPAL COURT THIS AGREEMENT (Agreement) is made by and between, Washington State Administrative Office of the Courts (AOC) and Edmunds Municipal Court, (Grantee), (collectively as the Parties and individually each as a Party). The Parties hereby enter into this Agreement whereby Grantee will perform certain services for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions specified in Attachment A and agrees to the following terms and conditions. `1111111111111R*9191 U *o] yTiT1111111 V "I Grantee must use funding to support community justice counselors, or similar positions that work with municipal and district court drug and therapeutic court programs. Positions funded under this contract are responsible for connecting court participants to community services and existing resources to support completion of court requirements. Grantee may also use funding for additional supports for participants, including bus passes and other transportation assistance, basic cell phones and phone cards, and translation services. Funding must be utilized in accordance with the Grantee's grant application, and Statement of Work (Attachment A). This contract constitutes an official award letter. 2. TERM AND PERIOD OF PERFORMANCE This Agreement's period of performance runs from July 1, 2022 through June 30, 2023, unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement and all its terms and conditions shall remain in full force and effect until all deliverables are completed or otherwise terminated, and this Agreement is terminated and/or completed. 3. COMPENSATION AND PAYMENT The awarded amount is $23,354.00. Grantee will use the funds for the following cost categories (these amounts need to match what the grantee submitted in their application) Cost Category Amount Personnel salaries & benefits $20,854 Staff equipment & training $ N Q IAA23208 Packet Pg. 39 DocuSign Envelope ID: A9028D2E-2C19-43CC-9320-019A345DDAFF 2.4.d Grantee may vary the amount in any particular category by up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC's Project Manager, and in no case may the total amount exceed the awarded amount above. This amount includes expenses necessary or incidental to performing the items under the Statement of Work, including, but not limited to, travel, lodging and per diem related expenses. Grantee will submit an invoice after the completion and acceptance of each deliverable noted above. This amount will be disbursed in two allotments, one in August 2022 and the second in January 2023 upon receipt of a properly filled out Form A-19. 4. REPORTING The Grantee must submit quarterly reports to AOC documenting the progress of their community justice counselor program. These reports will provide: • The number of program participants who worked with Grantee's community justice counselor(s) for the corresponding quarter, • The services provided to program participants for the corresponding quarter, • The cost of services provided to program participants for the corresponding quarter, • The costs accrued by the Grantee to support their community justice counselor(s) during the corresponding quarter, and • Any challenges faced by the community justice counselor during the corresponding quarter. Reports shall be submitted to https://inside.courts.wa.gov/apes/therapeuticgrants/view/dsp therapeuticgrants. cfm on the following schedule: Period Report Due 07/01/22 - 09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Grantee's eligibility for future funding. u G a IAA23208 Packet Pg. 40 DocuSign Envelope ID: A9028D2E-2C19-43CC-9320-019A345DDAFF 2.4.d 5. BILLING PROCEDURES Grantee will submit properly prepared Form A-19s via email to AOC Financial Services at pavables(a)courts.wa.gc . Invoices shall be submitted no more than twice during the pendency of the contract. Incorrect or incomplete invoices shall be returned by AOC to Grantee for correction and reissuance, and may result in delays in funding. All Invoices shall provide and itemize, at a minimum, the following: A. Contract Number IAA23208 a� L B. Grantee name, address, phone number; w C. Grantee Federal tax Identification Number; a D. Description of Services to be provided; w E. Date(s) Services will be provided; ;a c� F. Total Invoice Price. L Payment will be considered timely if made by the AOC within thirty (30) calendar days of U receipt of a properly prepared invoice. Payment shall be sent to the address designated by the Grantee. L The AOC may, in its sole discretion, terminate the contract or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any )I term or condition of this contract. ° a No payments in advance or in anticipation of services or supplies to be provided under this ; contract shall be made by the AOC. U. 6. SAFEGUARDING OF INFORMATION The use or disclosure by the Grantee of any information obtained as a result of performance under this contract concerning the AOC or the Court for any purpose not directly connected with the administration of the AOC's, the Court's or the Grantee's responsibilities with respect to services provided under this contract is prohibited except by written consent of the AOC or the Court. 7. CONFLICT OF INTEREST M Grantee warrants that at the date of execution of this Agreement, no organizational conflict a of interest exists or is likely to arise in the performance of its obligations under the a Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest arises in the future. 8. PROJECT MANAGEMENT r w The Project Manager for each of the parties shall be the contact person for all a communications regarding the performance of this Contract. EAOC Project Manager=F Grantee Project Manager IAA23208 PacketP DocuSign Envelope ID: A9028D2E-2C19-43CC-9320-019A345DDAFF 2.4.d Stephanie Oyler PO Box 41170 Olympia, WA 98504-1170 stephanie.oyler@courts.wa.gov 360-890-0901 9. ASSIGNMENT Uneek Maylor Court Administrator 250 5` Ave. N Edmonds, WA 98020 Uneek.maylor@edmonds.wa.gov a� L Grantee agrees that none of the deliverables to be furnished under this Agreement shall be assigned or subcontracted (including to independent consultants) without the prior written permission of AOC. x w 10.TERMINATION L A. Termination for Default V- 1` The AOC may, by written notice, terminate this contract, in whole or in part, for failure of the Grantee to perform any of the obligations or provisions required by the contract. In the event of default, the Grantee shall be liable for damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs L) directly related to the replacement contract, e.g., cost of the competitive bidding, LI 0 mailing, advertising and staff time; Provided, that if (i) it is determined for any reason N the Grantee was not in default, or (ii) the Grantee's failure to perform is without ; Grantee's and/or SubGrantee's control, fault, or negligence, the termination shall be L) deemed to be a Termination for Convenience. WI B. Termination for Convenience Except as otherwise provided in this contract, the AOC may terminate this contract by providing written notice of such termination to the Grantee, specifying the effective date thereof, at least five (5) calendar days prior to such date. If this contract is so terminated, the AOC shall be liable only for payment for services rendered prior to the effective date of termination. 11. DISPUTES The Parties agree to attempt to resolve any dispute arising under this Agreement first by = elevating the matter to appropriate levels of management within each organization. Grantee agrees that pending any decision, appeal or judgment on the settlement of any dispute arising under this Agreement, Grantee shall proceed diligently with the performance of this Agreement. a 12. INDEMNIFICATION The Grantee shall defend, protect, and hold harmless the state of Washington, the AOC, or any employees thereof, from and against all claims, suits or actions arising from the Grantee's acts which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark or trade name through use or reproduction of material of any IAA23208 Packet Pg. 42 DocuSign Envelope ID: A9028D2E-2C19-43CC-9320-019A345DDAFF 2.4.d kind. 13. FORCE MAJEURE Neither Grantee nor AOC shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or L other disasters, whether or not similar to the foregoing, and acts or omissions or failure to w cooperate of the other party or third parties (except SubGrantees). a 14. REPRESENTATION AND CERTIFICATIONS w Grantee shall complete all required Representations and Certifications as they apply to ;a this Agreement, if any. Grantee further agrees that it will provide additional or annual L Representations and Certifications as may be requested by AOC in connection with this c Agreement, and also agrees to promptly notify AOC of any changes which modify the U information contained in any such Representations and Certifications. `FWde]Ji I :J I I_1' [s] 4TA119:1 W_\Y&I Grantee shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this Agreement. 16. INDEPENDENT GRANTEES Grantee is an independent Grantee in relation to AOC with respect to all matters arising under this Agreement. Nothing herein shall be construed to establish a partnership, joint venture, association or employment relationship between the parties. Neither Party shall be deemed to be an agent of the other or to have any authority to bind or create any obligation, express or implied, on behalf of the other. 17. WHOLE AGREEMENT c U This Agreement and the SOW attached hereto contain and embody the entire agreement o of the Parties hereto and supersede all prior agreements, negotiations and discussions M between the Parties hereto. Any representation, inducement or agreement that is not a contained in this Agreement shall not be of any force or effect. Except as otherwise a expressly provided in this Agreement, this Agreement may not be modified or changed in whole or in part in any manner other than by an instrument in writing duly signed by both Parties hereto. r w 18. GOVERNING LAW/VENUE a This Agreement will be governed by and construed and enforced in accordance with the laws of Washington without giving effect to the principles of conflict of laws thereunder. 19. EXECUTION IN COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall constitute one and the same Agreement. IAA23208 Packet Pg. 43 DocuSign Envelope ID: A9028D2E-2C19-43CC-9320-019A345DDAFF 2.4.d 20. WAIVER No Party shall be deemed to have waived any right hereunder unless such waiver is in writing, and the waiver or failure of either Party to exercise in any respect any right provided for herein shall not be a waiver of any further right hereunder. 21. SEVERABILITY If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect as if this Agreement had been executed within the invalid portion eliminated. c a� 22. HEADINGS x w Any headings used in this Agreement are for purposes of organization only and have no independent legal significance. 1` 0 In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the U day and year below written. Administrative Office of the Courts Grantee DocuSigned by: DocuSigned by: ` 1 /6/2023 mA (hr 1 /6/2023 Signature Date Cigna ure Date Christopher Stanley Uneek Maylor Name Name Chief Financial & Management Officer Title Title Court Administrator a IAA23208 Packet Pg. 44 DocuSign Envelope ID: A9028D2E-2C19-43CC-9320-019A345DDAFF 2.4.d Attachment A Statement of Work: The Grantee must use funding to support the court's community justice counselor(s), or similar positions who work with therapeutic court participants to ensure connection to community services and existing resources to support completion of court requirements. Funds can be used for the following costs categories: • personnel salaries & benefits, • staff equipment & training, • treatment services (therapeutic services specifically designed to address SUD and MH) & compliance monitoring, and • other participant services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks). Funds cannot be used for: replacing or supplementing the salary of current employees of the Contractor (employees must be taking on additional work or be a new employee to be eligible for funding), program incentives that constitute a gift or reward items and activities outside of the cost categories listed in the Contractor's award letter. The Contractor shall submit quarterly reports to AOC documenting the progress their therapeutic court program. These reports shall provide: • The number of program participants who worked with Grantee's community justice counselor(s) for the corresponding quarter, • The services provided to program participants for the corresponding quarter, • The cost of services provided to program participants for the corresponding quarter, • The costs accrued by the Grantee to support their community justice counselor(s) during the corresponding quarter, and • Any challenges faced by the community justice counselor during the corresponding quarter. Reports shall be submitted to https://inside.courts.wa.gov/apps/therapeuticgrants/view/dsp therapeuticgrants. cfm. Reporting schedule: Period Report Due 07/01 /22-09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Contractor's eligibility for future funding. LS N Q Packet Pg. 45 2.5 City Council Agenda Item Meeting Date: 06/13/2023 Accounting Manager Job Description Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History We are facing an unusually difficult job market. We have been trying to fill the Deputy Director position for quite a while now, with very few qualified candidates choosing to apply. There is a large body of work that needs to be done, and in order to fill the position we would like to have the option to hire an Accounting Manager instead of a Deputy Director. Doing this might make the position more desirable for potential candidates and may result in a larger number of applicants applying. We had an Accounting Manager Job Description (JD) that was approved several years ago. The attached JD is an update of that older JD. Approving this one tonight would not mean that Council is approving an additional FTE, the ask tonight is only to approve this updated JD. This would give us the ability to fill the vacancy with either a Deputy Director, or to underfill it with an Accounting Manager, but not both. Staff Recommendation Forward the Job Description to the Consent Agenda for approval by full Council at the June 20 meeting. Narrative: N/A Attachments: Accounting Manager rev-003 (DRAFT) Packet Pg. 46 2.5.a City of EDMONDS Washington Accounting Manager Department: FonanGeAdministrative Services Pay Grade: NR-384-4 Bargaining Unit: Non -Represented Revised Date: jaRuary 992 June 2023 FLSA Status: Exempt tee -Administrative Services Reports To: Director POSITION PURPOSE: Under the direction of the €inanGeDepartment Director, establishes Accounting Department goals, policies, procedures, and objectives that guide the daily activities of the division. Supervises, manages and evaluates work of assigned personnel. Manages and oversees financial reporting, payroll, accounts payable, accounts receivable, utility billing functions, fixed and capital assets, general ledger maintenance, and the automated financial system. Work duties include applying financial knowledge to liaise with vendors on requirements of financial systems; oversees compliance of City's financial accounting practices and analyze financial data to ensure successful audit the State Auditors and other government agencies. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Direct activities of assigned staff to ensure accurate and timely accounting and reporting of City's finances; assigns and evaluates work, monitors progress, revises procedures and work approaches to improve effectiveness. • Evaluates the performance of assigned staff; plans, coordinates and arranges for appropriate training of assigned staff; participates in the selection of accounting staff; and makes recommendations to the Department Director regarding transfers, reassignments, terminations and disciplinary actions. • Responsible for the preparation of the Annual Comprehensive Annual Financial Report (CACFR) in accordance with Generally Accepted Accounting Principles (GAAP) prescribed by Government Accounting Standards Board (GASB) and with the Budget, Accounting, and Reporting System (BARS). • Manages the audit process and serve as primary contact to the State Auditor's Office and other auditing agencies. Schedule State Auditor on -site work, act as liaison and coordinate interaction with other City staff for audit purposes, assign and establish deadlines for contributions from staff, and provide financial information required by the State Auditor's Office. • Develops, improves, implements, and enforces accounting policies and procedures in compliance with laws, Adopted City policies, codes and overall departmental goals and objectives. • Oversees the payroll function; reviews payroll activity for accuracy; reviews na„rell nnlinies and „nien ..antra..+S and ensi Iree aamnlianae • Provides confidential research reports and analysis for the City's labor negotiating team; resolves discrepancies and authorizes corrective action; reviews monthly, quarterly and annual payroll related reports. Accounting Manager Last Reviewed 06/08/2023 Last Revise Packet Pg. 47 2.5.a JOB DESCRIPTION Page 2 of 5 Accounting Manager • Oversees the accounts payable and purchasing functions; reviews departmental purchasing practices for compliance with adopted policies and procedures; audits purchase requests for selection of correct account coding; approves invoices and purchase orders; audits "open purchase order" vendor accounts for compliance with adopted policies and procedures; and, instructs other department employees on correct purchasing procedures. • Participates in the development of the annual budget, budgetary procedures, salary and benefit cost estimates, and detailed review of the preliminary and final budget documents and prepares assigned portions of the annual budget; r ends and manages the AGGG 1ntine deportment budget.. • Coordinates grant reporting and preparation of year end grant schedules. • Oversees the utility billing function; reviews adjustment and waiver requests; ensure timely billing of utility accounts; assists with customer inquiries as needed and ensures high quality customer service by utility staff. • Oversees the City's treasury functions including timely completion of monthly bank reconciliations; maintain compliance with city investment policy and manages the City's banking relationships. • Analyzes, reviews and prepares a variety of-conVlex financial reports and reports related to specific function; draw conclusions and make appropriate recommendations to Department Director. • Assists in the preparation of financial studies and reports including without limitation cost analysis, trend analysis, budget comparisons and quarterly reports. Oversees the Business Imprevement DiStriGt billings, GGlleGtiGRs and assists with GUstemer inquiries as Reeded and ensures high quality G stemer seFViGe by staff. Prepares, reviews and submits a variety of financial reports to local, state and federal regulatory agencies and government offices. • Pperforms other related duties as assigned that are within the scope of this position classification. • May perform ether duties as assigner! Required Knowledge of: • Operational characteristics, services and activities of an accounting office including business/industry principles and practices related to work assigned. • Generally Accepted Accounting Principles (GAAP); Government Accounting Standard Board (GASB); State of Washington Budgeting, Accounting and Reporting system(BARS); Government Accounting, Auditing and Financial Reporting (GAAFR) and related federal, state and local laws and codes. • Preparation of cost estimates for salaries and benefits for annual budgeting purposes. • Preparation of financial statements and comprehensive accounting reports including the SACFR and budgeting procedures. • Grant recording and reporting for compliance with BARS. • Computer hardware and automated accounting/financial systems. • Techniques in data verification and data entry and proper coding of documents. • Analysis of sen4plex-financial statements, reports and systems. • Proper principles and practices of preparing, entering and posting journal entries. • Performing a variety of professional accounting duties. including financial analyses and foreca • Principles of customer service. and pu blie relations • Research methods and report preparation and presentation. Accounting Manager Last Reviewed 06/08/2023 Last Revise Packet Pg. 48 JOB DESCRIPTION Accounting Manager 2.5.a Page 3 of 5 • Record -keeping and report writing techniques. • Effective oral and written communication principles and practices to include public relations. • Modern office procedures, methods and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases • English usage, spelling, grammar and punctuation. • Principles of business letter writing. PriRGiples and pFaGt'GeS of governmental budget preparation and add.m.inistration. Required Skill & Abilities in: • Administering assigned financial and accounting programs. • Meeting deadlines, working with multiple projects and overseeing, verifying, and validating the work of others, including those in other departments. • Operating automated accounting systems and general office equipment. • Identifying and reporting discrepancies. • Analyzing and interpreting fiscal and accounting reports. • Preparing infermatiye aR d otatiStical r perts • (`^mnUtiRg rapid and accurate mathematical c pUtati^ns • Gathering data and verifying information. • Responding to inquiries from customers, regulatory agencies, audit firms or members of the business GOMMU nity.public. • Interpreting and applying federal, state and local policies, laws and regulations. • Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies; GOMmunity grGups and the general public. • Interpreting and administering policies and procedures sufficient to administer, discuss, resolve and explain them. • Maintaining confidentiality and communicating with tact and diplomacy. • Communicating effectively verbally and in writing, including public relations. • Supervisory and training principles, methods and techniques. Perceiving when non -routine activities — .-,-..-d and offers to help without needing to be asked. • Making efforts to modify workload to assist with an emergent problem, assignment or project whenever feasible HaV!Rg a WilliRgR866 te work overtime if needed to achieve d!V!G'E)R geals and as authorized by Department Director. May, at times, work an irregular schedule (mnrninn afternoon and evening hn rsfor example, attendance at City Council meetings during evening hours). MINIMUM QUALIFICATIONS: Education and Experience: Bachelor's Degree in Accounting, Finance, Business Administration or related field and four years of progressively responsible professional accounting experience that includes experience with general ledgers and journal entries, financial reports and recordkeeping and budget preparation in a medium to large scale finance or accounting Accounting Manager Last Reviewed 06/08/2023 Last Revise Packet Pg. 49 2.5.a JOB DESCRIPTION Accounting Manager Page 4 of 5 department activities that includes three years of staff supervisory responsibility; preferably in government/public sector accounting; nor equivalent GGm"in of edFF.ation training and experience AG -an equivalent combination of education, training and experience whichthat-w 4 allows the incumbent to successfully perform the essential functions of the position may also be considered. Required Licenses or Certifications: CPAlicence preferred • A Valid WA State Driver's License and a five-year driving abstract acceptable to the City's insurance requirements is required for any position that will drive for City business. CPA ii..ense nreferre.J ork.%Qro' I *nonce required if i s*nry (`ifii vehinlec • A criminal background check is required following a verbal offer of employment. Criminal history is not an automatic employment disqualifies. Results are reviewed on a case -by case basis. • A consumer credit check is required following a verbal offer of employment due to this position's access to City financial data/information. Negative credit history is not an automatic employment disqualifier. Results are reviewed on a case -by case basis. • A valid CPA license is preferred. WORKING CONDITIONS: Environment: • Office environment. • Constant interruptions. Physical Abilities • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Operating a computer keyboard or other office equipment. • Reading and understanding a variety of materials. • Sitting or otherwise remaining stationary for extended periods of time. • Bending at the waist, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. Hazards • Contact with dissatisfied or verbally abusiveupset individuals. Accounting Manager Last Reviewed 06/08/2023 Last Revise Packet Pg. 50 2.5.a JOB DESCRIPTION Accounting Manager Incumbent Signature: Department Head: Date: Date: Page 5 of 5 Accounting Manager Last Reviewed 06/08/2023 Last Revise Packet Pg. 51 2.6 City Council Agenda Item Meeting Date: 06/13/2023 DSHS Development Disabilities Administration Interlocal Agreement Renewal Staff Lead: Angie Feser Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History In 2012, the City of Edmonds entered into a partnership with the Department of Social Health Services (DSHS) to become a provider of the Respite Care Facility program. The purpose of this partnership is to provide short-term intermittent respite care and relief for the primary caregiver of a person with disabilities. The disabled individual is enrolled and participates in recreation programming provided by the City's Parks, Recreation and Human Services Department. Some past participation examples include Taekwondo, fitness classes or one of our many summer programs. As per the ILA, DSHS reimburses the City for the registration fee once the participant completes the program. Annually, there are less than 10 participants. Staff Recommendation Forward to the Consent Agenda on June 20, 2023. Approval on consent would authorize the Mayor to renew the Interlocal Agreement between the City of Edmonds and the Department of Social and Health Services for the Development Disabilities Administration program. Narrative The attached agreement has been reviewed and approved as to form by the City's Attorney. Attachments: DD RiCS City of Edmonds 2023 06 01 to sign Packet Pg. 52 2.6.a w, s a; o y f o a Sri es DepartmentofSocial INTERLOCAL AGREEMENT DSHS Agreement Number: 2364-48476 7 MliathSemces Respite in Community Settings Transforming lives This Agreement is by and between the State of Washington Department Program Contract Number: of Social and Health Services (DSHS) and the Contractor identified Contractor Contract Number: below, and is issued pursuant to the Interlocal Cooperation Act, chapter P1 #2001285 01 39.34 RCW. CONTRACTOR NAME CONTRACTOR doing business as (DBA) City of Edmonds City of Edmonds Parks And Recreation CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER (UBI) 700 Main St Edmonds, WA 98020 312-000-093 22474 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRES, Todd Cort 425 771-0229 425 771-0253 todd.cort@edmondswa.gov DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Developmental Disabilities Division of Developmental Disabilities 1803LP-64 Admin DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Gina M. Thomas 840 N Broadway 540 Contract Specialist Everett, WA 98201 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 425 740-6443 425 252-1364 Thoma m dshs.wa. ov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? ASSISTANCE LISTING NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 06/01/2023 05/31/2026 Fee For Service EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: Exhibits (specify): A - DDA Policies & Agreements ❑ No Exhibits. The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be binding on DSHS only upon signature by DSHS. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Joseph Carter, R2 DDA Operations Manager DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 1 Packet Pg. 53 2.6.a DSHS General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Central Contracts and Legal Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information" or "Data" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "CCLS Chief" means the manager, or successor, of Central Contracts and Legal Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and its employees and authorized agents. h. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a "key;" a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. "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. "Physically Secure" means that access is restricted through physical means to authorized individuals only. k. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 2 Packet Pg. 54 2.6.a DSHS General Terms and Conditions m. "Regulation" means any federal, state, or local regulation, rule, or ordinance. n. "Secured Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. o. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. p. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. q. "Trusted Systems" include only the following methods of physical delivery: (1) hand -delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law and Washington State Requirements. a. Applicable Law. Throughout the performance of this Agreement, Contractor shall comply with all o federal, state, and local laws, regulations, and executive orders to the extent they are applicable to this Agreement. E b. Civil Rights and Nondiscrimination. Contractor shall comply with all federal and state civil rights a DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 3 Packet Pg. 55 2.6.a DSHS General Terms and Conditions and nondiscrimination laws, regulations, and executive orders to the extent they are applicable to this Agreement, including, but not limited to, and as amended, Titles VI and VII of the Civil Rights Act of 1964; Sections 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act (ADA); Executive Order 11246; the Health Insurance Portability and Accountability Act of 1996 (HIPAA); the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 49.60 of the Revised Code of Washington, Washington's Law Against Discrimination. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. In the event of the Contractor's noncompliance or refusal to comply with any applicable nondiscrimination laws, regulations, and executive orders, this Agreement may be rescinded, canceled, or terminated in whole or in part. c. Certification Regarding Russian Government Contracts and/or Investments. Contractor shall abide by the requirements of Governor Jay Inslee's Directive 22-03 and all subsequent amendments. The Contractor, by signature to this Contract, certifies that the Contractor is not presently an agency of the Russian government, an entity which is Russian -state owned to any extent, or an entity sanctioned by the United States government in response to Russia's invasion of Ukraine. The Contractor also agrees to include the above certification in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor does not comply with this certification. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor does not comply with this certification during the term hereof. 6. Confidentiality. a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person or personal representative of the person who is the subject of the Personal Information. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. (2) Physically Securing any computers, documents, or other media containing the Confidential Information. (3) Ensure the security of Confidential Information transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 4 Packet Pg. 56 2.6.a DSHS General Terms and Conditions (b) Communicating with the intended recipient before transmission to ensure that the fax will be received only by an authorized person. (c) Verifying after transmittal that the fax was received by the intended recipient. (4) When transporting six (6) or more records containing Confidential Information, outside a Secured Area, do one or more of the following as appropriate: (a) Use a Trusted System. (b) Encrypt the Confidential Information, including: i. Encrypting email and/or email attachments which contain the Confidential Information ii. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this item, 6.b.(4), is superseded by the language contained in the Exhibit. (5) Send paper documents containing Confidential Information via a Trusted System. (6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential Information shall be returned to DSHS or Contractor shall certify in writing that they employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract. d. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed on -site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. E-Signature and Records. An electronic signature or electronic record of this Contract or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed E copy of this Contract or such other ancillary agreement for all purposes. �a a DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 5 Packet Pg. 57 2.6.a DSHS General Terms and Conditions 9. Governing Law and Venue. 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 Thurston County. 10. Independent Contractor. 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 Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 11. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 12. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are 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. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, 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. 13. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. 14. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 15. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 16. Contract Renegotiation, Suspension, or Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement: a. At DSHS's discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 6 Packet Pg. 58 2.6.a DSHS General Terms and Conditions b. At DSHS's discretion, DSHS may give notice to Contractor to suspend performance when DSHS determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this contract. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, "written notice" may include email. (3) If the Contractor's proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised. 17. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the CCLS Chief or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions — Interlocal Agreements: 18. Disputes. Both DSHS and the Contractor ("Parties") agree to work in good faith to resolve all conflicts at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of this Agreement, either Party may reduce its description of the dispute in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. If managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the Secretary of DSHS ("Secretary") and the Contractor's Agency Head ("Agency Head") or their deputies or designated delegates. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and Agency Head. Upon receipt of the referral and relevant documentation, the Secretary and Agency Head will confer to consider the potential options of resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and Agency Head may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and Agency Head are unable to come to a mutually acceptable decision within fifteen (15) business days, they may agree to issue an extension to allow for DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 7 Packet Pg. 59 DSHS General Terms and Conditions 2.6.a more time. The final decision will be put in writing, and will be signed by both the Secretary and Agency Head. If the Agreement is active at the time of resolution, the Parties will execute an amendment or change order to incorporate the final decision into the Agreement. The decision will be final and binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. If the Secretary and Agency Head are unable to come to a mutually acceptable decision, the Parties will request intervention by the Governor, per RCW 43.17.330, in which case the governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under this Agreement that are not affected by the dispute. 19. Hold Harmless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 20. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire"; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 21. Subrecipients. a. General. If the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass -through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 8 Packet Pg. 60 2.6.a DSHS General Terms and Conditions (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non -Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to https:Hojp.gov/about/offices/ocr.htm for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DSHS contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200. 22. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 23. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 9 Packet Pg. 61 2.6.a DSHS General Terms and Conditions personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 10 Packet Pg. 62 2.6.a Special Terms and Conditions 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Assistance" means help provided to a Client for the purpose of aiding him/her in the performance of tasks. b. "Authorized" means DDA Case Resource Manager, or Social Worker approval of funding for services as evidenced by a social service authorization in ProviderOne. c. "Case Resource Manager (CRM)" means the DSHS or DDA worker assigned to a Client. d. "Client" means an individual whom DSHS has determined eligible to receive DDA services. e. "Culturally Appropriate" means responsive to a Client's cultural beliefs and values, ethnic norms, language needs, religion, and individual differences. f. "DDA" means the Developmental Disabilities Administration within DSHS. g. "Family" means a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew, including such relatives when related through adoption or marriage or registered domestic partnership. h. "Nurse Delegation" means: (1) Services in compliance with WAC 246-840-910 through 246-840-970 by a registered nurse to provide training and nursing management for nursing assistants who perform delegated nursing tasks. (2) Delegated nursing tasks include, but are not limited to, administration of non -injectable medications, except for insulin, blood glucose testing, and tube feedings. (3) Services include the initial visit, care planning, competency testing of the nursing assistant, consent of the Client, additional instruction, and supervisory visits. (4) Clients who receive nurse delegation services must be considered "stable and predictable" by the delegated nurse. "Personal care services" means those specific services under WAC 388-106 provided to DSHS Clients. "Physical Assistance" means the provision of hands-on assistance for any task necessary k. "Positive Behavior Support Plan" means a written plan developed to implement strategies to relate to others and direct interventions to decrease challenging behaviors. "Positive Behavior Support Principles" means addressing a challenging behavior that focuses on changing the physical and interpersonal environment and increasing a person's skills so that the person is able to get their needs met without having to resort to a challenging behavior. m. "Primary Caregiver(s)" or "Caregiver" means the person who provides the majority of your care and supervision. n. "Protective Supervision" means supervision to ensure the safety and well-being of a Client, DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 11 Packet Pg. 63 2.6.a Special Terms and Conditions exclusive of those responsibilities that should be assumed by a legal representative. o. "Respite Care" means short-term, intermittent relief for persons who live with and provide care for individuals with developmental and intellectual disabilities on either an emergency or a planned basis. p. "Service Plan" means the Person -Centered Service Plan or Individual Support Plan, which is a written plan for long-term care service delivery, which identifies ways to meet the Client's needs with the most appropriate services or supports as, described under chapter WAC 388-828. q. "Transportation Services" means the process of transporting and accompanying a Client from one location to another in accordance with the client's needs. r. "Unsupervised access" means: (1) An individual will or may have the opportunity to be alone with a child, juvenile, or a vulnerable adult; and (2) Neither a qualified employee, contract employee, volunteer, nor student intern of the agency, or entity nor a relative or guardian of the child, juvenile or vulnerable adult is present. 2. Purpose. The purpose of this Contract is to provide short-term intermittent respite care in order to provide relief for primary caregivers as described under chapter 388-845 WAC. Respite Care can be provided in Community Centers, Senior Centers, Parks and Recreation Departments, and Summer Programs. 3. 4. Licenses, Registrations, and Certifications. a. The Contractor is required to follow all laws, rules, and policies applicable to their license, registration, and/or certification. b. The Contractor shall meet the training requirements associated with their license, registration, and/or certification. c. When licensing, certification, and contract requirements differ, the Contractor shall meet the highest standard. d. In the event that any required license of the Contractor is revoked or expired, this Contract shall be suspended, without the necessity of written notice by DSHS, as of the effective date of revocation or the actual date of expiration. In the case of license revocation, this Contract shall then be terminated in accordance with the terms of this Contract, and such termination shall be effective on the effective date of the license revocation. e. The provision of Respite Care services cannot result in the licensed provider exceeding their licensed capacity. General Requirements. a. DSHS shall request services from the Contractor on an as needed basis. This Contract does not obligate DSHS to authorize services to the Contractor. b. Respite Care provided under the terms of this Contract must be pre -approved in writing by DSHS in accordance with the Client's Service Plan, and shall be provided in a manner that is culturally DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 12 Packet Pg. 64 2.6.a Special Terms and Conditions appropriate for the Client and the Client's family. c. All services shall be provided in a manner consistent with the published rules and policies of DSHS and within the scope of acceptable practice as determined by DSHS. d. The Contractor must emphasize Positive Behavior Support Principles in the provision of all services to Clients. Positive Behavior Support is based on respect, dignity, and personal choice. 5. Contractor Qualifications. The Contractor must: a. Be licensed by the State of Washington as a business under chapter 19.02 RCW and shall meet or exceed the minimum licensing requirements under chapter 458-02 WAC. b. Contractors shall hold all appropriate endorsements, licenses and certifications in addition to Washington State Business license as applicable to their business operation. c. Contractors outside of Washington State must maintain equivalent licensure or certification requirements as paragraph a. and b. above according to their states' requirements for business operation. d. Publish on a publically accessible website the services offered by the contractor and make publically accessible the services offered by the contractor. The contractor's website must include (1) The identified number of service hours being provided in the program/class/event including days/date and start and end time; (2) Activities that will occur during program/class/event; and (3) The rate schedule for the program/class/event. e. The Contractor shall ensure that they or their employees possess the following minimum qualifications: (1) Meet minimum age requirements as required by license, certification or rule; (2) Possess the following minimum standards of knowledge and experience: (a) General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindness and caring to the Client; (b) Knowledge of when and how to contact the Client's legal representative and the Client's CRM; (c) Adequate skills to read, either directly or through an interpreter, understand, and implement the services authorized in the plan; (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the Client's written Service Plan(s) and verbal instructions; and (e) Adequate skills to maintain provider records of services performed and payments received. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 13 Packet Pg. 65 2.6.a Special Terms and Conditions f. The Contractor shall ensure that employees and volunteers: (1) Understand specific directions for providing the care that an individual Client requires; (2) Meet the need of the client as identified in the Service Plan; (3) Provide services within the scope of practice for their profession/skill level; (4) Observe the Client for change in health status, including weakness, confusion, and loss of appetite; (5) Identify problem situations and take appropriate action; (6) Respond to emergencies without direct supervision; and (7) Respect and consider the Client's individual differences and preferences when performing routine tasks in a culturally appropriate manner, as described in the DDA Guiding Values. g. The Contractor shall cooperate with DSHS in the evaluation of the Contractor's performance under the terms of this Contract including the following: (1) Follow-up contact with Clients, their families, legal representatives or primary caregivers regarding their satisfaction with the services provided; (2) Investigation and documentation of all complaints about the service provided; and (3) Periodic monitoring of service documentation records, verification of provider qualifications, and of billing and payment data in ProviderOne. 6. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Obtain information about the Client's identified needs and care requirements, and ensure that the Client's needs are met while providing services. This includes following the guidance of any written plans for Client support such as the Service Plan, Nurse Delegation assessment or Positive Behavior Support Plan. b. Contact the Client's CRM if the Contractor has not heard from the Client or the Client's primary caregiver within seven (7) days of the Contractor's receipt of the service authorization. c. Make arrangements with the primary caregiver for emergency medical treatment should this become a necessity. d. Deliver Respite Care in a manner consistent with WAC 388-845-1600 through 1620 and DDA Policies. See Exhibit A, DDA Policies & Agreements. e. Provide all support needs as identified in the Service Plan including personal care, physical assistance, support and protective supervision to the Client in daily routine activities and to prevent injury to him or herself and to others. f. Maintain transportation records to document the dates, times, destinations, and distances of each Client's transportation services. Upon request, the Contractor shall make the records available to DSHS or DSHS/designee for review and audit. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 14 Packet Pg. 66 2.6.a Special Terms and Conditions g. Maintain sufficient vehicle and passenger insurance coverage and current driver's license in accordance with chapter 308-104 and 308-106 WAC. h. Operate and maintain the transportation vehicle(s) in a manner consistent with protecting and promoting the Client's health and welfare. Contractor shall not require client, client's guardian and/or client's legal representative to enter into any agreement releasing or limiting Contractor's legal liability for injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this contract unless contractor, at the same time, requires client, client's guardian and/or client's legal representative to release the State of Washington and all of its agencies, agents, contractors, servants and employees from liability for any acts of contractor causing injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this Contract. 7. Parks and Recreation Department. Parks and Recreation Department contractors are required to comply with the following additional terms: a. Parks and Recreation Departments are city, county or other publically operated parks and recreation department for the purpose of providing leisure time activities and facilities and recreational facilities, of a nonprofit nature as a public service as defined under RCW 36.69.010 b. Meet the definition of a park and recreation district under RCW 36.68 and RCW 36.69. c. Obtain all required licenses, permits or certifications applicable to the program operated by the Parks and Recreation Department. 8. Additional Client Rights: a. In compliance with Title VI of the Civil Rights Act of 1964, and under RCW 2.42.010, RCW 2.43.010, and RCW 49.60.010, the Contractor shall ensure that Limited English Proficient (LEP) Clients have access to a certified, or, if non -certifiable language, to an otherwise qualified language interpreter, who has successfully passed the DSHS language test. The Contractor shall also ensure that DSHS Clients have access to documents translated into the Client's primary language. To request a qualified interpreter, you must register at https:Hhcauniversal.com/new-reg1.a.uester- registration/ or email scheduling(a)ulsonline.net. For additional information, visit their Provider FAQs page. b. In compliance with the Americans with Disabilities Act (ADA) of 1990, under RCW 2.42.010 and RCW 49.60.010, the Contractor shall ensure that deaf, deaf -blind, or hard of hearing Clients have access to the services of an interpreter certified by the National Association of the Deaf (NAD) as a Sign Language Interpreter, or a qualified interpreter having a Registry of Interpreters for the Deaf (RID). 9. Duty to Report Suspected Abuse, Abandonment, Neglect or Financial Exploitation. The Contractor and its employees must immediately report all instances of suspected abandonment, abuse, financial exploitation or neglect of a vulnerable adult under RCW 74.34.035 or a child under RCW 26.44.030.The report shall be made to the Department's current state abuse hotline, 1-866-363-4276 (END -HARM). The Contractor must also report all suspected instances to the Client's case manager. If DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 15 Packet Pg. 67 2.6.a Special Terms and Conditions the notice to the Client's case manager was verbal then it must be followed up by written notification within one business day. Further, when required by RCW 74.34.035, the Contractor and the Contractor's employees must immediately make a report to the appropriate law enforcement agency 10. Significant Change in Client's Condition. The Contractor agrees to report any significant change in the Client's condition within twenty-four (24) hours to the Client's Case Manager. 11. Death of Clients. The Contractor shall report all deaths of DSHS Clients receiving services under this Contract to the Client's case manager within one hour upon notification of the death. The Contractor shall follow up with written notification of the Client's death to the Client's case manager within one business day. 12. Provider Screenings. a. The State must ensure the Department does not pay federal funds to excluded persons or entities. States are also required to check for the death of an individual provider, agency owner or authorized official prior to contracting. The required ownership and control information for individuals with ownership interest of five percent (5%) or more, officers and managing employees will be obtained from the Medicaid Provider Disclosure Statement and checked against all required federal exclusion lists, and the Social Security Death Master List, prior to finalizing a contract. b. The Contractor will report any change in ownership, managing employees, and/or those with a controlling interest to the Department within thirty-five (35) days of such a change so that these individuals can be screened against the required federal exclusion lists as well as the Social Security Death Master List. For detailed instructions, please refer to the Medicaid Provider Disclosure Statement. 13. Duty to Disclose Business Transactions. a. Under 42 CFR 455.104, the Contractor is required to provide disclosures from individuals with ownership interest, managing employees, and those with a controlling interest. The State must obtain certain disclosures from providers and complete screenings to ensure the State does not pay federal funds to excluded person or entities. Contractor must complete and submit a Medicaid Provider Disclosure Statement, DSHS Form 27-094. According to 42 CFR 455.104(c) (1), disclosures must be provided: (1) When the prospective Contractor submits their initial application; (2) When the prospective Contractor signs the contract; (3) Upon request of the Department at contract revalidation/renewal; (4) Within thirty-five (35) days after any change in ownership of the Contractor entity. b. Failure to submit the requested information may cause the Department to refuse to enter into an agreement or contract with the Contractor or to terminate existing agreements. The State will recover any payments made to a disclosing entity that fails to disclose ownership or control information, as required by 42 CFR 455.104. c. Under 42 CFR 455.105(b), within thirty-five (35) days of the date of a request by the Secretary of the U.S. Department of Health and Human Services or DSHS, the Contractor must submit full and complete information related to Contractor's business transactions that include: DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 16 Packet Pg. 68 2.6.a Special Terms and Conditions (1) The ownership of any subcontractor with whom the Contractor has had business transactions totaling more than $25,000 during the twelve (12) month period ending on the date of the request; and (2) Any significant business transactions between the Contractor and any wholly owned supplier, or between the Contractor and any subcontractor, during the five (5) year period ending on the date of the request. d. Failure to comply with requests made under this term may result in denial of payments until the requested information is disclosed. See 42 CFR 455.105(c). 14. Background Check. The signatory for this contract agrees to undergo and successfully complete a DSHS criminal history background check conducted by DSHS every three years or more often as required by program rule or as otherwise stated in the contract, and as required under RCW 43.20A.710, RCW 43.43.830 through 43.43.842. If the Contractor has owners, administrators, subcontractors, employees or volunteers who may have unsupervised access to Clients in the course of performing the work under this Contract, the Contractor shall require those owners, administrators, subcontractors, employees or volunteers to successfully complete a criminal history background check prior to any unsupervised access and at least every three years thereafter or more often if required by program rule or as otherwise stated in the contract. The Contractor must maintain documentation of successful completion of required background checks. 15. False Claims Act Education Compliance. Federal law requires any entity receiving annual Medicaid payments of five (5) million or more to provide education regarding federal and state false claims laws for all of its employees, contractors and/or agents. If Contractor receives at least five (5) million or more in annual Medicaid payments under one or more provider identification number(s), the Contractor is required to establish and adopt written policies for all employees, including management, and any contractor or agent of the entity, including detailed information about both the federal and state False Claims Acts and other applicable provisions of Section 1902(a)(68) of the Social Security Act. The law requires the following: Contractor must establish written policies to include detailed information about the False Claims Act, including references to the Washington State False Claims Act; a. Policies regarding the handling and protection of whistleblowers; b. Policies and procedures for detecting and preventing fraud, waste, and abuse; c. Policies and procedures must be included in an existing employee handbook or policy manual, but there is no requirement to create an employee handbook if none already exists. 16. Bribes and Kickbacks. Federal law stipulates that Medicaid participants be offered free choice among qualified providers, therefore any exclusive relationship between the Contractor and any other Medicaid service is prohibited. 17. State or Federal Audit Requests. The Contractor is required to respond to State or Federal audit requests for records or documentation, within the timeframe provided by the requestor. The Contractor must provide all records requested to either State or Federal agency staff or their designees. 18. Drug -Free Workplace. The Contractor agrees he or she and all employees or volunteers shall not use or be under the influence of alcohol, marijuana, illegal drugs, and/or any substances that impact the Contractor's ability to perform duties under this Contract. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 17 Packet Pg. 69 2.6.a Special Terms and Conditions 19. Execution and Waiver. This Contract shall be binding on DSHS only upon signature by DSHS with an Authorized Countersignature. Only the Contracting Officer or the Contracting Officer's designee has authority to waive any provision of this Contract on behalf of DSHS. 20. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following: a. DSHS shall pay the Contractor at the published rate, for services provided under this contract. The Contractor hereby waives written notice of subsequent rate changes. Subsequent rate changes will not require a revised Contract and are not disputable. Current rates are published at: https://www.dshs.wa.gov/aItsa/management-services-division/office-rates-management. b. DSHS will only reimburse the Contractor for the number of hours authorized and provided per client. DSHS will pay the contractor at an established rate in 15-minute intervals. The Contractor will be reimbursed up to the Contractor's published rate for services provided unless that rate exceeds the equivalent of 15 minute intervals of service the client received. c. Transportation services must be written in the client's Service Plan. Mileage shall be paid at current State of Washington rates, as published by the Office of Financial Management, for miles driven while transporting one Client to a waiver service. Transportation is to and from the respite service and must be provided in accordance with WAC chapter 388-845. d. Transportation as a component of the Respite in Community Settings service must be included in the total published rate. e. Administrative functions, such as record keeping, travel to work site, billing, and report development are not billable as separate services but are included in the established rate schedule f. DSHS shall not pay the Contractor separately for the cost of other expenses such as equipment rental, meals and snacks for all day activities this must be rolled into the cost of the service. 21. Billing and Payment. a. The Contractor shall bill for authorized services using the ProviderOne Payment system, which is the state of Washington's Medicaid management system. b. Billing instructions are located at https://www.hca.wa.gov/billers-providers- partners/providerone/providerone-billing-and-resource-quide c. The Contractor agrees to accept this payment as total and complete remuneration for services provided under this Contract to DSHS Clients. DSHS clients cannot be billed fees beyond the hourly contracted rate for the service Respite in Community Settings. d. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled hours of service when Clients are not seen or served by the Contractor. e. Only DSHS shall have the authority to authorize services under this Contract. f. Respite care is a service authorized in 15 minute increments. DSHS shall not pay for more respite units than is received by the client. Client can pay for services provided that exceed waiver allotment as long as it does not surpass the contracted rate. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 18 Packet Pg. 70 2.6.a Special Terms and Conditions g. DSHS shall only reimburse or pay for services which are authorized and within the scope of respite services. h. The contractor shall provide invoices or documentation of the dates of service, duration of time and total cost prior to service being provided. The CRM will create an authorization in CARE in "reviewing" status. After confirmation that the service is completed appropriately, the CRM will change the status of the authorization to "approved" which will allow the authorization to be claimed The contractor shall provide invoices after service provided, as requested by DSHS If DSHS pays the Contractor for services authorized but not provided by the Contractor, the amount paid shall be considered an overpayment. k. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. Payment shall be considered timely if made by DSHS within thirty (30) days Payment shall be sent to the address designated by Contractor. DSHS may, at its discretion, terminate the Contract or withhold payments claimed by Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract. 22. Insurance. a. DSHS certifies that it is self -insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: ❑ The Contractor is self -insured or insured through a risk pool and shall pay for losses for which it is found liable; or ❑ The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liability Insurance (CGL) — to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products -completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 19 Packet Pg. 71 2.6.a Exhibit A DDA Policies & Agreements Policies The following DDA Policies are hereby incorporated as Contractor Requirements. 5.06 Client Rights 5.13 Protection from Abuse: Mandatory Reporting 5.14 Positive Behavior Support Principles 5.19 Positive Behavior Support for Children & Youth 6.15 Nurse Delegation Services Policies can be located at https://www.dshs.wa.gov/dda/policies-and-rules/policy-manual. In the event DSHS updates or changes these policies, the revised policy/policies will be incorporated into this Contract without the requirement of an amendment. DDA Guiding Values: The DDA Guiding Values can be located at: https://www.dshs.wa.gov/sites/default/files/DDA/dda/documents/DDA%20Guiding%20Values%2OBooklet.pdf Disability Rights of Washington (DRW) Agreement: The following access agreement is regarding "Disability Rights of Washington (DRW) rights and responsibilities. The agreement can be located at: https://www.dshs.wa.gov/sites/default/files/DDA/dda/documents/WPAS.pdf. *Note: WPAS has changed its name to "Disability Rights of Washington (DR W)"and DDD has changed its name to "Developmental Disabilities Administration (DDA) DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 20 Packet Pg. 72 2.7 City Council Agenda Item Meeting Date: 06/13/2023 Council Intern Proposal Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History A councilmember has proposed to have an intern work directly with them for the summer. The City of Edmonds has both paid and unpaid internships; Edmonds City Council does not have an internship program. Recommendation Discuss and evaluate if Council wishes to develop an intern program. Narrative Council staff was requested to initiate research and fact-finding about internship feasibility: 1. From our Human Resources department: There are very specific rules about unpaid internships. If it does not qualify it would need to be a paid internship. • For internships we do not need to hold a competitive recruitment process. • Paid and Unpaid interns must complete a background check prior to starting. • If the position requires driving, we will need to review their driver's abstract. • Unpaid interns are covered under workers comp and must complete minimal paperwork. • Paid interns are treated as temporary employees. WA L&I: https://www.Ini.wa.gov/workers-rights/wages/minimum-wage/internships-apprenticeships- and-volunteers (attachment) US DOL: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs7l.pdf (attachment) 2. From Administrative Services/ City Clerk: a. If the Council decides to have an intern, a fully developed program with purpose statement and job description so duties and expectations are clear is recommended. b. A Council resolution would be the clearest instrument for adopting a council intern policy/program. C. Council has never had an intern program, and should assess if this fills an identified legislative need versus a desire for community outreach. Advises that interns are typically administrative positions, best suited to the Council as an entire elected body or the Council staff, but perhaps not for an individual councilmember. d. Unpaid interns are not completely free; they usually require time and effort to manage, Packet Pg. 73 2.7 and administrative overhead costs/ city resources. 3. From MRSC: General guidance to cities (attachment) 4. Sample iob descriptions for City Council internships (attachments: Seattle, New York City and Colorado Springs) 5. Framework of a successful internship program; collected guidance compiled from various sources for developing a successful internship program: a. Objective of internship and goals for the intern - what is the purpose of this program and what outcomes does the program wish to accomplish for the intern? b. Resources and Expense - what are the anticipated costs (direct and indirect) to having an intern? C. Responsibilities and Projects - what will the intern be assigned to do? What skills will be needed for the intern to be successful at these assignments? d. Supervision - Who will oversee the intern? What is the location of where they would conduct work? What are the expected hours and dates of internship? e. Evaluation - How and how often will the intern be evaluated? f. Policies - What policies exist that need to be adhered to, and what new policies need to be developed to provide clarity and expectations? g. Orientation - What training will be required? 6. Edmonds City Council specific considerations: a. Intern for Councilmember: i. Should an individual Councilmember have an intern? ii. Should all councilmembers be able to have an intern? iii. Is it feasible for all seven councilmembers to have an intern at the same time? iv. Should councilmembers who are candidates for elected office have an intern? b. Logistics: i. Could the intern have city -supported IT access and email account? ii. Would the intern be expected to attend all Council meetings? iii. If the intern is supervised by a councilmember, is working at the councilmember's home office an acceptable arrangement? C. Qualifications: i. Should this intern be required to be an Edmonds resident? ii. Does the intern need to be enrolled or supported by an established academic institution's internship program? iii. Does a non-competitive recruitment process meet Council's intent to ensure equity? Attachments: Internships, Apprenticeships & Volunteers Fact Sheet #71_ Internship Programs Und... andards Act _ U.S MRSC - Internships and Job Training Programs F700-173-000 Unpaid Internships 101 City of Colorado Springs Council Internship example Job Bulletin City of Seattle job description example Internship Opportunities - NYC Packet Pg. 74 2.7.a Washington State Department of lJ Labor & Industries.http.s://Ini.wa.gov) Internships, Apprenticeships & Volunteers Employees have to be paid for the work they do. When employers are offering training or experience to an individual as an intern, apprentice, trainee, or volunteer, different standards may apply. Employers may informally use these terms to describe a working relationship. These terms, however, are formally defined in law and grant workers certain rights. The following areas are where different standards may apply. File a worker's rights complaint If you feel that you are not being paid appropriately, you can file a complaint with L&I FILE A COMPLAINT (HTTPS://SECURE.LNI.WA.GOWWAGECOMPLAINT/#/) Internships An internship is work -related learning for individuals who want hands-on experience. Under certain conditions, interns may perform unpaid work. The test for determining CU 0 a 0 a c L. r_ 0 Packet Pg. 75 2.7.a whether an intern is paid as an employee depends on who benefits from the work completed. The United States Department of Labor (naps://www.doi.gov/wnd/regs/comprance/wndfs7l.ntm). provides guidance under federal law. Employers should also consult state Administrative Policy ES.C.2, Hours Worked (nttpsAni.wa.gov/workers-rignts/_docs/escIpdf). for additional guidance on state law. Due to changes in federal law, this policy is under review. Paid vs unpaid internships y 0 OL 0 An intern may receive compensation during their internship, but this cannot be in the form a, - of a regular wage. Compensation that is not intended to be a wage may be acceptable, 2 this could include a stipend or reimbursement for expenses incurred during the internship. If an employer pays a regular wage similar to other employees, the intern is an 0 employee. L Apprentices Apprenticeship is a combination of on-the-job training and related supplemental instruction under the supervision of a journey -level professional. Registered apprenticeships must be approved by the Washington State Apprenticeship Training Council. Apprentices learn the practical and theoretical aspects of a highly skilled occupation, and achieve journey level status. They typically earn a percentage of a journey level wage, but it cannot be less than the state minimum wage. Training Training and meeting time is generally considered hours worked, and must be paid. If all four of the following criteria are met, the training or meeting is not considered hours worked and the employee does not need to be paid for the time: • Attendance is voluntary. Packet Pg. 76 2.7.a • The employee performs no productive work during the training or meeting. • The meeting takes place outside of regular working hours. • The meeting or training is not directly related to the employee's current work. On-the-job training All required on-the-job training must be paid. While training can be paid at an agreed wage, it cannot be less than minimum wage. If certain criteria are met, learners and student learners may be paid less than the state minimum wage Cu (naps:/ilni.wa.gov/workers Cu 0 a 0 rights/wages/minimum wage/paying-certain-workers-less-than-minimum-wage). Unpaid, required training, outside a of required academic and licensing credentials, is not allowed. Volunteers A volunteer freely gives their time and talents without expectation of pay. A volunteer can only work for an educational, charitable, religious, state or local government, or non-profit organization. Under law, volunteering is not allowed in a for -profit business. Volunteers may be paid a stipend or nominal fee. However, if they are paid for their services beyond reimbursement for expenses, reasonable benefits or a nominal fee, they are employees and not volunteers. Related Resources Unpaid Internships 101 (173 KB) (https://Ini.wa.gov/forms-publications/search?query=F700-173- 000&pg=1 &index= Form s_Pubs) Packet Pg. 77 2.7.b oc 0%WN0 WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR STATES OF P Fact Sheet #71: Internship Programs Under The N 0 Fair Labor Standards Act 0 a. Updated January 2018 `m r c This fact sheet provides general information to help determine whether interns and students working for "for -profit" employers are — entitled to minimum wages and overtime pay under the Fair Labor Standards Act (FLSA).1 0 U Background W The FLSA requires "for -profit" employers to pay employees for their work. Interns and students, however, may not be "employees" under the FLSA—in which case the FLSA does not require compensation for their work. The Test for Unpaid Interns and Students Courts have used the "primary beneficiary test" to determine whether an intern or student is, in fact, an employee under the FLSA.? In short, this test allows courts to examine the "economic reality" of the intern -employer relationship to determine which party is the "primary beneficiary" of the relationship. Courts have identified the following seven factors as part of the test: 1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee —and vice versa. 2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions. 3. The extent to which the internship is tied to the intern's formal education program by integrated coursework or the receipt of academic credit. 4. The extent to which the internship accommodates the intern's academic commitments by corresponding to the academic calendar. 5. The extent to which the internship's duration is limited to the period in which the internship provides the intern with beneficial learning. 6. The extent to which the intern's work complements, ratherthan displaces, the work of paid employees while providing significant educational benefits to the intern. 7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship. Courts have described the "primary beneficiary test" as a flexible test, and no single factor is determinative. Accordingly, whether an intern or student is an employee under the FLSA necessarily depends on the unique circumstances of each case. If analysis of these circumstances reveals that an intern or student is actually an employee, then he or she is entitled to both minimum wage and overtime pay under the FLSA. On the other hand, if the analysis confirms that the intern or student is not an employee, then he or she is not entitled to either minimum wage or overtime pay under the FLSA. Packet Pg. 78 Footnotes 2.7.b 1- The FLSA exempts certain people who volunteer to perform services for a state or local government agency or who volunteer for humanitarian purposes for non-profit food banks. WHD also recognizes an exception for individuals who volunteer their time, freely and without anticipation of compensation, for religious, charitable, civic, or humanitarian purposes to non-profit organizations. Unpaid internships for public sector and non-profit charitable organizations, where the intern volunteers without expectation of compensation, are generally permissible. 2 -E.g., Benjamin v. B & H Educ., Inc., --- F.3d ---, 2017 WL 6460087, at `4-5 (9th Cir. Dec. 19, 2017); Glatt v. Fox Searchlight Pictures, Inc., 811 F.3d 528, 536-37 (2d Cir. 2016); Schumann v. Collier Anesthesia, P.A., 803 F.3d 1199, 1211-12 (11th Cir. 2015); see also Walling v. Portland Terminal Co., 330 U.S. 148, 152-53 (1947); Solis v. Laurelbrook Sanitarium & Sch., Inc., 642 F.3d 518, 529 (6th Cir. 2011). Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: httpJ/www.dol.gov agencies/whd and/or call our toll -free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. The contents of this document do not have the force and effect of law and are not meant to bind the public in anyway. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. O M O L L r S U c O U Packet Pg. 79 2.7.c M RSC Contact Us Partners Empowering local governments Rosters Search... SECTIONS O Home > Explore Topics > Personnel > Internships and Job Training Programs Q- O L L V Internships and Job Training Programs This page provides a basic overview of intern and youth employment programs, veterans training programs, and other internal job training programs for local governments in Washington State. On this Page [hide] Overview Internships and Youth Employment State Work Study Program Apprenticeships Military Veteran Programs Recommended Resources Overview Many local governments provide internships and other internal job training programs to help recruit young students, veterans, and others who might be interested in working for a public agency. Depending on the situation, such opportunities might be paid or unpaid or might include educational credits. These programs provide practical skills and education to the interns and emalso developing a potential pipeline of future employees p Back to top packet Pg. 80 for the agency. Internships and Youth Employment Many local governments have established internship or youth employment programs to provide hands-on learning and work experience for youth. (Also see the State Work Study Program section below.) Unlike private employers, local governments are not required to obtain a minor work permit or parent/school authorization forms to employ minors under the age of 18, as state and local public agencies are excluded from the definition of "employer" in RCW 49.12.005(3) and WAC 296-125-015(4). c a 0 L a Practice Tip: Internship programs typically have an educational d component, and many are unpaid. Some interns may receive compensation such as a stipend or reimbursement for their expenses. c However, if the intern receives a regular wage similar to other employees, M 0 t� the intern is considered to be an employee and is entitled to normal E L employee protections under the federal Fair Labor Standards Act (FLSA) 0- and the state Minimum Wage Act — such as minimum wage, overtime, c and paid sick leave. ;c Courts have identified a number of factors to determine whether an intern is an employee for the purpose of wage and hour laws. For more information on these factors, see the state Department of Labor & Industries webpage on Internships, Apprenticeships & Volunteers, and especially the publication Unpaid Internships 101. Below are selected examples of local government internship programs: • Anacortes Wastewater Treatment Plant Internship Opportunities — Prospective interns must contact the plant • Kennewick Fire Department Paramedic Internship Programs — Information for interns completing paramedic school field experience • King County Internships — Includes eligibility information and FAQs • Kitsap County Public Works Summer Employment Program — Full-time summer program that provides higher wages each summer the student returns • Longview Fire Department Intern Program — Three-year, three-phase program for college students to obtain hands-on firefighting experience Back to top Packet Pg. 81 • Pierce County: o Internship Program — Includes internship opportunities and profiles of various department interns that include what they do and advice for future interns o Volunteer as Prosecuting Attorney Intern or Extern — Unpaid legal positions; also includes high school and college job shadows • Port Angeles Police Department College Intern Program — Open to undergraduate and graduate students; typically requires a minimum of 250 hours of work • Seattle: n • Internships — Includes information on eligibility, benefits, and currently 0 o available internships • Internships at Seattle City Light— Includes high school and college d internships c • Youth Employment Program — Supports young people ages 16-24 0 U from qualifying -income households and communities that experience E racial, social, and economic disparities. Includes school -year program, 0 c paid summer internships, and private internship opportunities a` aM c • Parks and Recreation Job Opportunities for Teens — Various job opportunities, mostly during the summer • Snohomish County Internship Information — Includes current internship opportunities as well as links to learn more about specific county departments and programs • Spokane Internship Program Policies and Procedures (2005) — Applies to all city departments; includes department responsibilities, maximum duration of internships, and compensation (typically unpaid) • Tukwila Youth Engagement Opportunities — Includes summer high school internship program • Vancouver Water Center Internships — Paid and unpaid internships for biology, education, or public relations students; includes examples of intern duties State Work Study Program The state legislature has established a state work study program to provide financial assistance to low- and middle -income college students (chapter 2813.12 RCW). Back to top Packet Pg. 82 2.7.d Unpaid Internships 101 What is an internship? An internship is work -related learning for individuals who want hands-on experience in an occupation. Determining whether an intern is an employee under the state Minimum Wage Act The definition of "employ" is similar under state and federal laws. So, the Washington State Department of Labor & Industries (L&I) looks to the application of the federal Fair Labor Standards Act for guidance when determining whether interns are employees under the Minimum Wage Act. Employees who are covered under the Minimum Wage Act must be provided all its protections, including minimum wage, overtime, and paid sick leave. Under certain conditions, individuals without an expressed or implied agreement for pay or other compensation may work for their own advantage at a business and not necessarily be an employee. Whether an intern is an employee depends on all the circumstances surrounding the person's activities on the employer's premises. Courts have identified seven factors to determine whether an intern is an employee for wage and hour laws. These factors must be weighed and balanced together in making their determination. The factors are laid out in L&I's policy addressing hours worked. See L&I's Administrative Policy ES.C.2 — Hours Worked (No. 7) at www.Lni.wa.gov/workers-rights/­ docs/esc2.pdf. Washington State Department of kJLabor & Industries k 71 f. f�. If an employer wishes to offer an internship that is not subject to the Minimum Wage Act, the employer should analyze to what extent: 1. The intern and employer understand that there is no expectation of compensation because any promise of compensation, stated expressly or implied, suggests that the intern is an employee. 2. The internship provides trainings that would be similar to an educational environment. 3. The internship is connected to the intern's formal education program, such as integrating the job experience with coursework or academic credits. 4. The internship accommodates the intern's academic commitments by corresponding to the academic calendar. 5. The intern receives beneficial learning throughout the duration of their internship. 6. The intern's work complements, instead of displaces, the work of paid employees while providing significant educational benefits to the intern. 7. The intern and employer understand the intern is not entitled to a paid job at end of the internship. Upon request, foreign language support and formats for persons with disabilities are available. Call 1-800-547-8367. TDD users, call 711. L&I is an equal opportunity employer. 0 Packet Pg. 83 No single factor answers the question of whether an intern is an employee. Rather, the test examines whether the intern or the employer is the "primary beneficiary" of the relationship. An employer must look at all relevant factors presented by the internship to make that determination. This means that the fewer of the above factors that an employer satisfies the more likely the intern is to be an employee subject to the Minimum Wage Act protections. If a worker is an employee under the Minimum Wage Act than all the protections apply. Clarifying certain factors and addressing compensation Determining if an internship provides training that is similar to an "educational environment" In general, the more an internship is connected with a classroom or academic experience, the more likely the internship will be viewed as an extension of the individual's educational experience. For example, this often occurs when a college or university oversees the internship program and provides academic credit. This could include clinical and other hands-on training provided by educational institutions. An intern may be viewed more as an employee receiving training if the program is: ■ Connected solely with the employer's actual operations. ■ Provides skills particular to only one employer's operation. Under these circumstances, the intern does not perform the routine work of the business on a regular and recurring basis, and the business is not dependent upon the work of the intern. For example, if the interns are engaged in the operations of the employer or are performing productive work that benefits the employer (such as filing, performing other clerical work, or assisting customers), then the interns may be employees entitled to wage and hour law protections, even if they also derive other benefits from this type of placement. 2.7.d Determining if an intern's work complement other employees— rather than displacing them —while also providing the intern significant educational benefits The following examples provide guidance about when an intern's duties might displace other employees: ■ If an employer uses interns as substitutes for regular workers or to support its existing workforce during specific time periods; or ■ If the employer would have hired additional employees or required existing staff to work additional hours had the interns not performed the work, then it would be more likely that the a interns are considered employees and entitled o to compensation. a. L An intern's work must still provide significant d educational benefits to the intern, such as teaching the intern tasks or skills that would be useful in other 0 work settings in the future. Does compensation transform an internship into employment? Not necessarily. An intern may receive compensation, such as a stipend or reimbursement, for expenses during their internship. If an employer uses an unpaid internship as a trial period for an individual to obtain a paid job at the end of the internship, it is more likely that the intern will be considered an employee. Please note: Internships are not the same as on- the-job training, which is generally considered hours worked, and must be paid. See L&I's Administrative Policy ES.C.2 — Hours Worked for more details at www.Lni.wa.gov/workers- rights/ docs/esc2.pdf. Internships are also not the same as working in a registered apprenticeship, see www.Lni.wa.gov/Apprenticeship. Interns can participate in job shadowing opportunities, if: ■ A regular employee provides close and constant supervision; and, ■ No work, or a minimal amount of work, takes place. In such cases, job shadowing would likely be viewed as a true educational experience for the intern. Packet Pg. 84 2.7.d High school students in work -based learning programs Students in a school -to -work program Students may be placed in a school -to -work program on a paid or unpaid basis. See L&I's Administrative Policy ES.C.2 — Hours Worked (No. 8) for more details at www.Lni.wa.gov/workers-rights/ docs/esc2.pdf. A business must meet all five of the following criteria to relieve it from providing the Minimum Wage Act protections: 1. The training program is certified and monitored by the school district or the Office of the Superintendent of Public Instruction. 2. A training plan exists that establishes a link to the academic work; for example, the training plan could be a detailed outline of the competencies to be demonstrated to achieve specific outcomes and gain specific skills. The worksite effectively becomes an extension of the classroom activity and credit is given to the student as part of the course. 3. The school has a designated district person as an agent/instructor for the worksite activity and monitors the program. 4. The worksite activity involves students observing, work shadowing, or watching demonstrations, with students doing no substantive production or benefit to the business. The business has an investment in the program and actually incurs a burden for the training and supervision of the student offsets any productive work performed by the student. Students may not displace regular workers or cause regular workers to work fewer hours as a result of any functions performed by the student. 5. The student is not entitled to a job at the completion of the learning experience. The parent, student, and business all understand the student is not entitled to wages for the time spent in the learning experience. Workers' compensation coverage On the use of volunteers Volunteers are permitted for non-profit, governmental, charitable or educational organizations. For -profit businesses don t have volunteers. Instead, they may have: Qualified student volunteers in a school - sponsored program (grades K-12 or institutions of higher education) Unpaid students participating in a work -based learning program in an institution of higher education, for which the student receives credit (not wages) toward completing a program, certification, or degree in return for services. For more details about criteria for a qualified student volunteer or unpaid student, go to www.Lni.wa.gov/insurance/insurance- requirements/volunteers/#student-volunteers-and- unpaid-students. Available workers' compensation coverage for student volunteers or unpaid students Medical -aid benefits only are available to businesses and organizations using qualifying student volunteers and unpaid students. The elective coverage does not include the other usual benefits of workers' compensation, such as wage replacement, vocational and retraining costs, permanent partial disability payments, or death benefits. The business or organization electing the coverage is not protected from civil liability. F For more information, see Student Volunteers and Workers' Compensation Coverage (www.Lni.wa.gov/go/F213-023-000). To obtain this coverage for student volunteers If a student under age 18 is placed in a paid position, all requirements of the Minimum Wage Act, the and unpaid students, complete the Application Industrial Welfare Act, and child labor regulations for Elective Coverage of Excluded Employments must be met. at www.Lni.wa.gov/go/F213-112-000. N 0 0. 0 a` c L aW c c 0 t� 0 N a N L as c 0. c 0 0 0 M ti 0 0 ti U. c as E z a PUBLICATION F700-173-000103-20221 Packet Pg. 85 2.7.e SEASONAL - City Council Legislative Services Internship Saveddi City of Colorado Springs Colorado Springs, CO Apply on ZipRecruiter Employment type: Internship Job description SEASONAL - City Council Legislative Services Internship In this internship you will be assisting Legislative Services to support the 19 City Council Appointed Boards, Commissions, and Committees. The goal of this position is to create a comprehensive training program for Board volunteers. An extensive training program will provide for efficiencies and enhancements within the City Council Appointed Boards and Commission Program. This is an seasonal (at -will) position with benefits limited to those required by applicable state and federal laws, which include Worker's Compensation, Medicare, Unemployment Insurance, and PERA (Public Employees' Retirement Association). Hours worked will be between Monday - Friday and require in office presence. Additional hours may be scheduled as needs arise. Total hours worked will not exceed 1,500 annually. Anticipated dates of employment will be from June 2023 - August 2023 with some flexibility. Essential Job Functions - The basic job duties and employees must be able to perform: • Create a board training package for new and existing Board Members to include for New Board Member orientation, annual ethics training, and Board leadership training • Utilize Board Member Manual to create new Board Member training • Develop ethics training video in coordination with City Attorney's Office and City Communications to meet City Code requirements • Develop Board Leadership training • Conduct municipal research and leverage other city resources to develop training materials • Develop all video scripts in conjunction with Legislative Services and Communications Staff Packet Pg. 86 2.7.e • Create a survey/quiz components to access participant comprehension We are looking for candidates who demonstrate: • Knowledge of Microsoft Office Suite (Word, Excel, PowerPoint, and Outlook) • Knowledge of proper English usage, spelling, punctuation, and grammar • Ability to establish and maintain effective working relationships with elected officials, executive staff, and community partners • Ability to maintain confidentiality and use good personal judgment and discretion • Ability to communicate clearly and concisely, orally and in writing 0 0 • Must be a current undergraduate junior, senior, or graduate student at the time of internship 0. 0 L • Experience with video production a c • Experience with Adobe Creative Suite • Experience with script development 5 The City of Colorado Springs offers additional compensation depending on the position, area of assignment, and specific job assignments, including shift differential, pay differential, acting or lead, special assignment, hazard pay, p longevity,cell hone allowance uniform allowance relocation awards standby, call out compensatory time off, V p Y, p rY , tuition, overtime, extra duty, incentive, holiday premium, proficiency, and vacation sell back. NOTE: This job announcement is not intended to include a complete listing of all responsibilities, knowledge, skills, and abilities associated with the position. The City does not sponsor applicants for work visas. If hired, you will be required to provide proof of your eligibility to work in the United States. Apply to Join Our Team • Please visit Colorado Springs Jobs and click on 'Apply for a City Career' > 'City Career Postings - Apply Now' button to complete an online application. All job applicants will need to create a new login and online application (unless you already have a NEOGOV/governmentjobs.com user ID and password). • Completing your application in full, including the entire work experience section, will assist Human Resources (HR) in the applicant screening process. Your application may not be considered if all of the information requested for each employer you list is not provided. • Our NEOGOV application system does not allow you to edit your application after it has been submitted for a position. If you want to make changes, you may submit another application prior to the position's closing date and time listed in the job posting. HR will review the last application you submit for a position. The City's job classifications, including physical demands and descriptions, can be found on the website. You can view the status of your application here. To be notified of future career opportunities, go to coloradosprings.gov/jic Packet Pg. 87 Equal Opportunity Employer The City of Colorado Springs is committed to a culture that values our employees' unique individual qualities and fosters an inclusive environment where people want to be. Employment Type: Seasonal Packet Pg. 88 2.7.f City of Seattle City Council Work Study Intern - Job 2022-00850 SALARY $19.09 - $23.40 Hourly JOB TYPE College Intern DEPARTMENT Legislative Department CLOSING DATE 8/9/2022 4:00 PM Pacific Position Description LOCATION Seattle, WA JOB NUMBER 2022-00850 OPENING DATE 05/06/2022 The Seattle Legislative Department is seeking undergraduate (preferably a sophomore, junior, or senior) or graduate work study eligible students to support the work of the City Councilmembers, which may include interactions with staff throughout the department, as well as members of the public and other City of Seattle personnel. The Legislative Department welcomes applicants from diverse backgrounds and life experiences, including non-traditional students who desire to work in a fast -paced, friendly, service -oriented organization. EDUCATIONAL BENEFIT TO STUDENT: • Gain valuable exposure to the inner workings of local city governance and the legislative process by interacting with and aiding Councilmembers and their Legislative Assistants (LAs). • Develop greater awareness of local issues by meeting and engaging with community stakeholders and constituents. • Participate in the policy -making process through conversations with LAs and Councilmembers. • Gain valuable writing experience by responding to community inquiries about proposed legislation and other pertinent issues. • Attend legislative meetings and participate in organizational tours; and, • Develop critical problem -solving and communication skills. YOU WILL BE MOST SUCCESSFUL IN THIS POSITION IF YOU: • Are passionate about City government and are eager to dive into new challenges and opportunities with an abundance of positivity and urgency. • Have good written and verbal communication skills. • Enjoy helping others and proving customer service. • Can proficiently use Microsoft Office (Word, Outlook, Excel), photocopiers, scanners, and other office equipment. • Have a commitment to identifying issues important to the local community through an equity, social justice, diversity, and inclusion lens. • Are skilled in conducting internet research. Job Responsibilities • Assist Legislative Assistants (LAs) by researching and tracking important issues and public policy. • Draft issue statements, speaking points, social media, and other communications. • Track committee meetings, stakeholder interests, and issues pertaining to constituents. Packet Pg. 89 2.7.f • Compile information and data using Microsoft Office or other related programs. • Organize and track email and other correspondence for review/response from LAs. • Compose routine or recurring correspondence as instructed and reviewed by LAs. • Answer and direct phone calls to relevant parties. • Assist constituents visiting the office. • Prepare Council Committee notebooks. • Process incoming mail; and, • Other related duties or special projects as assigned by Councilmember or LAs. Qualifications Minimum Qualifications • Currently enrolled as a full-time undergraduate or graduate student in Washington State with a major concentration in one of the following areas: Political Science, History, Law, Public Affairs, Business Administration, Public Administration, or a comparable field of study. N • Currently eligible for Washington State Work Study. Students must provide a letter of eligibility to work in an off- 0 campus job to be considered for employment. o • Undergraduate students must maintain a GPA of 2.0 throughout the duration of the internship. Graduate students a c must maintain a GPA of 3.0 throughout the duration of the internship. • Must have a commitment to being a punctual/reliable team member. 5 c Additional Information 'o c.� COVID Vaccine Mandate All City of Seattle employees are required to be fully vaccinated against COVID-19. Failure to submit proof of vaccination or d 0 qualify for a reasonable accommodation will result in withdrawal of the job offer. e Work Environment This position will primarily be onsite at the Seattle City Hall: 600 Fourth Ave. 2nd Floor, Seattle, WA. Alternative Work Arrangements may be considered and will be based on operational needs. Why Work at the City The City of Seattle recognizes every City employee must play a role in ending institutional and structural racism. Our culture is the result of our behavior, our personal commitments, and the ways that we courageously share our perspectives and encourage others to do the same. To cultivate an antiracist culture, we seek employees who will engage in the Race and Social Justice Initiative by working to dismantle racist policies and procedures, unlearn the way things have always been done, and provide equitable processes and services. Start/End Dates: Intern will start in June, 2022 and end in September 2022, with a possible extension into the 2022 - 2023 academic year, conditioned upon department budget and student award amount. Schedule: Intern will work a flexible schedule that can be up to 19 hours/week during the school year. Schedule will be dependent on the intern's school schedule, work study award, and department budget. Salary: Undergraduate interns will be paid $19.09/hour. Graduate interns will be paid $23.40/hour. How to Apply: • Complete an online application and supplemental questionnaire • Attach a PDF of your WA State Work Study Award Letter/Verification Form • Attach a PDF of your Unofficial transcript including current classes and GPA Packet Pg. 90 2.7.f • Attach a PDF of your Cover Letter • Attach a PDF of your Resume Agency City of Seattle Website http://www.seattle.gov/jobs Address Seattle Municipal Tower 700 5th Avenue, Suite 5500 Seattle, Washington, 98104 City Council Work Study Intern - Job 2022-00850 Supplemental Questionnaire *QUESTION 1 Answers to the following questions will help us determine whether candidates meet the minimum requirements of the position. Indicating "see resume" or "see application" are not sufficient responses to the supplemental questions. A complete and accurate application is required for this position. Did you update your City of Seattle application to reflect any recent changes to your experience and/or education? A cover letter and resume are both required documents. Missing one or both attachments will flag your submission as incomplete. Did you attach a cover letter and resume? (NOTE: Even if you have imported your resume directly into the application fields, you must still attach it). 0 Yes *QUESTION 2 Are you currently enrolled at a college or university in Washington State and have been awarded Off -Campus Work Studying funding? 0 Yes 0 No *QUESTION 3 Did you attach your work study referral/authorization form? 0 Yes 0 No *QUESTION 4 Which of the following best describes your availability for internships? 0 Available for full-time work in the summer 0 Available for full-time work during school breaks. 0 Available for part-time during the school year (working up to 19 hours per week). 0 Not available in the summer. 0 Not available during school breaks *QUESTION 5 Packet Pg. 91 When is your anticipated graduation date? You must be a student for the duration of the internship. 2.7.f *QUESTION 6 How would you rate your ability to communicate and work with diverse groups including internal staff, external clients, and cultural/business/community partners and sponsors? 0 Beginner 0 Intermediate 0 Advanced * Required Question N O O_ O L CL C L r U O U Packet Pg. 92 ST New York City Council District 51 Joseph C. Borelli qSearch... 2.7.g Annadale, Arden Heights, Bay Terrace, Charleston, Eltingville, Great Kills, Greenridge, Heartland Village, Huguenot, New Springville, Pleasant Plain Prince's Bay, Richmond Valley, Rossville, Tottenville, Woodrow Internship Opportunities One of the best ways to experience the inner workings of government and your community is through an internship with your local City Council member. Among the chief roles of a City Council member's district office is to keep the local community connected with the legislative work taking place at City Hall. This is accomplished through community -based events, constituent casework, and correspondence. As an intern, you will support staff with special events, constituent services, and special projects related to general administrative duties of the office. Desired Qualifications The ideal candidate must be enrolled in an educational program upon the start of your internship and have an interest in public policy, community organizing, political science, economics, English, communications, public relations, or a similar area of study or career path. Essential duties include: About oe Initiatives and Issues Events Press Room District Office 2955 Veterans Road West, Suite 2 Staten Island, NY 10309 (718) 984-5151 phone (718) 948-1592 fax Legislative Office 250 Broadway, 1551 New York, NY 10007 (212) 788-6989 phone 1 (212)-788-7159 phone 2 (718) 948-1592 fax Q Send Email boreIIi@counciI.nyc.gov Get Connected Subscribe to receive community event info and important updates vii M U) 0 a 0 d c L 0 4 • Excellent written and oral communication skills email. Packet Pg. 93 e _Strong organizational skills and ability to work with minimal _, e rNieW York 1' i iegWOM and creative problem solving y o manage multiple tasks and competing deadlines simultaneously • Proficient in Microsoft Word and Excel • Active involvement in monitoring district and City issues, current events and relevant legislation • Assist in research and planning of upcoming events and projects • Provide accurate and complete information in response to constituent inquiries and community issues • Assist with and maintain office procedures, routine correspondence, telephone inquiries and special projects • Develop clear knowledge and understanding of principals, functions, practices and operations of the New York City Council • Assist with responding to a variety of constituent inquiries and issues Requirements Students participating in our internship program are required to commit a minimum of 12 hours per week for about the duration of one semester (15 weeks). Undergraduate and Graduate level students are strongly encouraged to apply. Benefits Although unpaid, interns receive important benefits like working directly with elected officials, community leaders and local residents on issues and events related the the 51 st Council District. Interns may also qualify for internship credit from their school, as well as earn a letter of recommendation from Council Member Borelli. Apply Now ! COBA Rally for S 2J.g Jails Councilman Borelli.. 00:00 02:07 Search (1 Search... M 0 0 a 0 a 0 4 Packet Pg. 94