TOWN OF WOODWAY COUNCIL MEETING AGENDA 23920 113th ...

TOWN OF WOODWAY

COUNCIL MEETING AGENDA

23920 113th Place West, Woodway, WA 98020

MONDAY, APRIL 16, 2018

7:00 P.M.

7:00 P.M.

7:00 P.M.

7:20 P.M.

I

II

Call to Order, Flag Salute, Roll Call

Presentation: Alliance for Housing Affordability - Chris Collier

Approval of Minutes — January 16, February 5, February 21, March 5, March 5 Retreat

Approval of Checks — Claims

7:35 P.M. Audience Comments*

7:40 P.M. III Council Reports

7:45 P.M. IV Mayor's Report

7:50 P.M. V Interlocal Agreement with Snohomish County

8:05 P.M. VI Police Services Interlocal Agreement with City of Edmonds

8:20 P.M. VII Police Services Interlocal Agreement Extension with City of Edmonds

8:25 P.M. VIII Resolution 18-399: LGIP Authorization

8:30 P.M. IX Memorial Bench Program

8:35 P.M. Audience Comments*

8:40 P.M. General Council Discussion-Choice of Subjects

8:45 P.M. Adjournment

* Audience comments only (luring the time specified. Council Deliberations n ill not he interrupted for audience comment. Citizens desiring CO111111011 time in e.vcess of.fire minutes should contact the mayor to schedule presentation time. Council agendas are subject to change befbre or during the council meetings upon motion. Anyone with a disability requiring special accommodations should contact the Town Clerk's Wee at Town Hall or call (206)542-4443 &live 1:00 p.m. the Thursday preceding the Council Meeting. For TDD relay service. call (206)587-5500. or outside the Seattle area #I-800-833-6388.

TOWN OF WOODWAY COUNCIL MINUTES

Meeting Date: January 16, 2018 Location: Woodway Town Hall - 23920 113th Place W.

Members Present

Staff & Guests Present

Mayor Carla Nichols

▪ Councilmember William Anderson

• Councilmember Kent Saltonstall

Councilmember Elizabeth Mitchell

Z Councilmember Tom Whitson

Z Councilmember Tom Howard

• Town Administrator Eric Faison Z Clerk-Treasurer Heidi Napolitino

Ei Public Works Director Terry Bryant ❑

❑ Police Chief Doug Hansen ❑

AGENDA ITEMS COMMENTS & DISCUSSION ACTION/

FOLLOW-UP


Mayor Nichols called the meeting to order at 7:08 p.m.

I - Approval Councilmember Saltonstall moved to approve the minutes of December 4, 2017_ Councilmember Mitchell seconded the motion.

Councilmember Mitchell moved to approve the minutes of January 2, 2018 as amended. Councilmember Saltonstall seconded the motion.

The motion passed

unanimously.

The motion passed

unanimously.

1 - Approval of Checks

Councilmember Anderson moved to approve 2017 Claims Checks #12077 through 12091, 12105, 12106, and one EFT totaling $51,618.71. Councilmember Whitson seconded the motion.

Councilmember Saltonstall moved to approve 2018 Claims Checks #12092 through 12104 totaling $45,342.53. Councilmember Mitchell seconded the motion.

Councilmember Saltonstall moved to approve amended 2017 Payroll Checks #12031 through 12035, 12076, and EFTs totaling $65,071.50. Councilmember ',Hutson seconded the motion.

The motion passed

unanimously.

The motion passed

unanimously.

The motion passed

unanimously.

Town Council Meeting I 1/16/2018

1


FOLLOW-UP

Audience Comments None.

III — Mayor's Report I. Shared that she and a two resident volunteers would be submitting three grant proposals to the Snohomish County Historical Committee. They would be requesting funds for a history book, a 60th Anniversary project, and a history pavilion.

2. Reviewed the council representatives to regional organizations. Several changes were made to the councilmember assignments.

Mayor Pro Tern Election

Councilmember Mitchell moved to nominate Councilmember William Anderson as Mayor Pro Tern. Councilmember Saltonstall seconded the motion.

The motion passed

unanimously.

H - Council Reports Councilmember Anderson: • Reported on his involvement with the

Snohomish County Technical Advisory Committee for County housing initiatives.

Councilmember Howard: • Requested an excused absence for the February

5 meeting. • Thanked audience member John Brock for

encouraging his fellow residents to participate in local government.

IV - Town Administrator's Report

I . Gave an update on the City of Shoreline's request to the Snohomish County Planning Advisory Committee to amend the County's Countywide Planning Policies.

2. Gave an update on the Phase II Interlocal Annexation Agreement between Snohomish County and the Town.

3. Shared some information on long-term staff succession planning discussions.

Town Council Meeting I 1/16/2018 2


FOLLOW-UP

V — Ordinance 17- 587: Salary Schedule

Town Administrator Faison explained the housekeeping changes to the salary schedule.

Councilmember Mitchell moved to approve Ordinance 17-587: Salary Schedule. Councilmember Saltonstall seconded the motion.

The motion passed

unanimously.

VI — Ordinance 17- 588: Woodway Municipal Code Chapter 3.24: Funds

Town Administrator Faison shared the proposed code changes that would reflect the current fund structure, clarify who is allowed to authorize expenditures, and make several other minor changes.

Councilmember Saltonstall moved to approve Ordinance 17-588: Woodway Municipal Code Chapter 3.24: Funds. Councilmember Mitchell seconded the motion.

The motion passed

unanimously.

VII — Policies and Procedures Manual Update

Clerk-Treasurer Napolitino outlined the changes to the Employee Policies and Procedures Manual. The majority of changes related to the recently enacted state sick leave law. There were several other housekeeping changes to keep the rest of the document consistent with the new sick leave law language as well.

Councilmember Saltonstall moved to approve the changes to the Policies and Procedures Manual relating to compensation and benefit changes. Councilmember Mitchell seconded the motion.

Staff will look at adding a

definition of weapon.

The motion passed

unanimously.

VIII — Police Contract

Town Administrator Faison shared several scenarios for the Council to consider in lieu of a police services agreement with an outside agency.



FOLLOW-UP

IX — Police Services Interlocal Agreement Extension — City of Edmonds

Mayor Nichols and Town Administrator Faison recounted recent Police Services Interlocal Agreement negotiation meetings with the City of Edmonds.

Councilmember Saltonstall moved to authorize the Mayor to sign the two-month extension of the Interlocal Agreement for Police Services with the City of Edmonds. Councilmember Howard seconded the motion.

The motion passed

unanimously.

X — Website Presentation

Clerk-Treasurer Napolitino shared the draft website with the Council, outlining several new features and changes to the organization of the web pages. A prominent addition includes a monthly calendar which will list Town events. This will be a new communication tool between Town government and residents.


General Council Discussion — Choice of Subjects

None.

XI - Executive Session for Approximately 15 minutes to Discuss Potential Litigation

At 9:03 p.m., Mayor Nichols recessed to executive session for approximately 15 minutes to discuss potential litigation. At 9:16 p.m., Mayor Nichols reconvened the meeting.

Adjournment Councilmember Howard moved to adjourn the meeting. Councilmember Mitchell seconded the motion.

The motion passed

unanimously. The meeting

was adjourned at 9:17 p.m.

Respectfully Submitted,

APPROVED BY THE TOWN COUNCIL

Heidi K. S. Napolitino, Clerk-Treasurer Carla A. Nichols, Mayor (These minutes accurately reflect what was said at the Council Meeting. Publication does not vouch for the veracity of these statements.)



Meeting Date: February 5, 2018 Location: Woodway Town Hall - 23920 113th Place W.

Members Present

lig Mayor Carla Nichols Councilmember Elizabeth Mitchell

• Councilmember William Anderson CI Councilmember Tom Whitson

▪ Councilmember Kent Saltonstall ❑ Councilmember Tom Howard


Ei Town Administrator Eric Faison

❑ Public Works Director Terry Bryant Ei

❑ Police Chief Doug Hansen ❑

Clerk-Treasurer Heidi Napolitino


FOLLOW-UP


Mayor Nichols called the meeting to order at 7:02 p.m. Councilmembers Whitson and Howard had excused absences.

I - Approval of Checks

Councilmember Mitchell moved to approve Payroll Checks #12107 through 12109 and EFTs totaling $53,705.88. Councilmember Anderson seconded the motion.

Councilmember Saltonstall moved to approve Claims Checks #12110 through 12125 and EFTs totaling $14,440.24. Councilmember Anderson seconded the motion.

The motion passed

unanimously.

The motion passed

unanimously.




FOLLOW-UP

II - Council Reports Councilmember Mitchell: • Reported on a law enforcement presentation at

the recent Snohomish County Cities meeting that highlighted the limited number of new officer training spaces funded by the State legislature. This shortage of resources results in cities hiring officers and paying them for months before the officers are actually trained and on the job.

• Shared that she recently attended the Washington Cities Insurance Authority (WCIA) training and annual business meeting with Clerk-Treasurer Napolitino.

• Reported on the first Snohomish County Tomorrow meeting she attended as Woodway's representative.

Councilmember Saltonstall: • Reported on the first Snohomish County 911

meeting at which the caucuses elected their representatives. Mountlake Terrace Mayor Jerry Smith was chosen as the elected official representative for Woodway's caucus.

• Shared several updates regarding the Snohomish County Emergency Radio System (SERS) including an upcoming request for funding a new radio system and that recently there was a 20-minute complete outage of the SERS system. Discussion followed.

Councilmember Anderson: • Requested an excused absence for the February

20 meeting. • Shared that the Affordable Housing Alliance

has gotten funding pledges from several Snohomish County cities and requested that Woodway consider making a similar pledge as part of a 2018 budget amendment.

• Commented on the need for right-of-way maintenance in one area of town.

• Shared information from recent Snohomish County Tactical Advisory Committee Meetings and listed several projects that have been funded recently.


2


FOLLOW-UP

III — Mayor's Report 1. Woodway submitted three grant proposals to the Snohomish County Historical Commission: creation of a historical pavilion including the installation of outdoor story boards depicting Woodway's history, publishing a history book written by a resident, and hiring an intern to organize history in celebration of Woodway's 60th Anniversary.

2. Reminded the Council that the next meeting will be on Tuesday, February 20, due to the federal holiday and the first meeting in March will start at 5:30, followed by a retreat.


1. Town Administrator Faison gave an oral report that included: a. Staffing information from the Public Works

department; b. Notification of upcoming stormwater repair

work on Woodway Park Road; c. A note that 2018 will likely be the last year

the Woodway will qualify for an NPDES waiver; and

d. An update on future utility code changes. 2. Shared a summary of the Woodway Pointe

(Upper Bluff) EIS Scoping Meeting. 3. Shared an update on the Snohomish County

Point Wells development application process. 4. Explained a bill moving through the State

Legislature that would expand liability in wrongful death cases.

V — Code Discussion: Residential Farming & Home Occupation Licensing

Moved item to the February 20 meeting.

VI — Police Contract Town Administrator Faison explained three different police services scenarios and the associated costs. He expects to receive a draft contract from the City of Edmonds in the next few weeks. Discussion followed.


3


FOLLOW-UP

Audience Comments John Brock, 11401 Makah Road, suggested that the cost savings in a new police contract should to be presented to Woodway residents.

VII - Executive Session for Approximately 15 Minutes to Discuss Potential Litigation



The Council briefly discussed upcoming Council vacancies.

Adjournment Councilmember Saltonstall moved to adjourn the meeting. Councilmember Mitchell seconded the motion.

The motion passed



Respectfully Submitted, APPROVED BY THE TOWN COUNCIL

Heidi K. S. Napolitino, Clerk-Treasurer Carla A. Nichols, Mayor

(These minutes accurately reflect what was said at the Council Meeting. Publication does not vouch for the veracity of these statements.)



Meeting Date: February 21, 2018 Location: Woodway Town Hall - 23920 113111 Place W.

Members Present


El Mayor Carla Nichols

❑ Councilmember William Anderson


• Councilmember Elizabeth Mitchell

Z Councilmember Tom Whitson

E Councilmember Tom Howard

El Town Administrator Eric Faison 111 Clerk-Treasurer Heidi Napolitino

0 Public Works Director Terry Bryant CI CI Police Chief Doug Hansen ❑


FOLLOW-UP


Mayor Nichols called the meeting to order at 7:03 p.m. Councilmember Anderson had an excused absence.


Councilmember Saltonstall moved to approve Claims Checks #12126 through 12147 totaling $33,092.57. Councilmember Mitchell seconded the motion.

The motion passed

unanimously.


II - Council Reports None.

III — Mayor's Report 1. Reported on a recent meeting with PACE Engineers regarding their services in Woodway.

2. Shared that Snohomish County Councilmember Stephanie Wright spoke at a recent Mayor's luncheon. Discussion centered on proposed efforts to fund the equipment replacement for Snohomish Emergency Radio System (SERS).

3. Reported on the recent Deer Creek Park trail improvements.

4. Read an email from a resident about traffic concerns.

5. Reminded the Council of the upcoming March 5 Council retreat after that night's meeting.


1


FOLLOW-UP


1. Reported on the status of the open Deputy Clerk/Permit Technician position and temporary office hour changes.

V — Resolution 18- 397: Planning Commission regular meeting date

Mayor Nichols introduced Resolution 18-397, explaining that the regular meeting date had been moved to accommodate the schedule of a former staff member and was being moved back to its original date.

Councilmember Mitchell moved to approve Resolution 18-397: Planning Commission regular meeting date. Councilmember Saltonstall seconded the motion.

The motion passed

unanimously.

VI — Resolution 18- 398: Ratify WRIA-8 document

Town Administrator Faison introduced Resolution 18-398 to ratify the 2017 update to the Lake WashingtonlCedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan. Discussion followed.

Councilmember Mitchell moved to approve Resolution 18-398: Ratify WRIA-8 document. Councilmember Whitson seconded the motion.

The motion passed

unanimously.

VII - Ordinance 18- 589: Salary Schedule

Town Administrator Faison introduced Ordinance 18-589 which reconciles Town's ordinances with Council approved budget levels for certain staff positions.

Councilmember Mitchell moved to approve Ordinance 18-589: Salary Schedule. Councilmember Saltonstall seconded the motion.

The motion passed

unanimously.

Town Council Meeting 12/21/2018 2


FOLLOW-UP

VIII - Xpress Bill Pay & BIAS Software Online payment software

Town Administrator Faison presented the agreements and gave a brief explanation of the software that would allow residents to pay bills and permits fees with credit/debit cards. It would interact with the Town's current Accounting/Permitting/Utility Billing software and facilitate utility billing and payments.

Councilmember Mitchell moved to authorize the Mayor to execute agreements with Xpress Bill Pay & BIAS Software to process electronic stormwater billing and other payments. Councilmember Howard seconded the motion.

The motion passed

unanimously.

Audience Comments Robert Allen, 11228 N Dogwood Lane, commented on public rights-of-way maintenance.


Councilmember Saltonstall commented on traffic speeds in Town.

IX - Executive Session for Approximately 20 Minutes to Discuss Potential Litigation


Adjournment Councilmember Saltonstall moved to adjourn the meeting. Councilmember Whitson seconded the motion.

The motion passed



Respectfully Submitted, APPROVED BY THE TOWN COUNCIL





Meeting Date: March 5, 2018 Location: Woodway Town Hall - 23920 113th Place W.

Members Present


El Mayor Carla Nichols

M Councilmember William Anderson

Ei Councilmember Kent Saltonstall

Ei Councilmember Elizabeth Mitchell

El Councilmember Tom Whitson

Z Councilmember Tom Howard

IE Town Administrator Eric Faison Z Clerk-Treasurer Heidi Napolitino

0 Public Works Director Terry Bryant 0

D Police Chief Doug Hansen CI


FOLLOW-UP


Mayor Nichols called the meeting to order at 5:38 p.m.


Councilmember Mitchell moved to approve Claims Checks #12148 through 12165 and EFT Transaction #439 totaling $26,698.49. Councilmember Whitson seconded the motion.

Councilmember Mitchell moved to approve Payroll EFT Transactions #393 through 414 and 416 through 420 totaling $50,948.95. Councilmember Howard seconded the motion.

The motion passed

unanimously.

The motion passed

unanimously.


II - Council Reports Councilmember Mitchell: • Reported on a recent Snohomish County

Tomorrow (SCT) meeting. • Invited Councilmember Whitson to join her for

an upcoming meeting with Cynthia Pruitt at Snohomish County regarding SCT duties.

Councilmember Saltonstall: • Shared that the Snohomish County Emergency

Radio System (SERS) hired a new Executive Director.


1


FOLLOW-Up

II - Council Reports, Continued

Councilmember Anderson: • Reminded the Council that Chris Collier of the

Affordable Housing Alliance of Snohomish County would like to make a presentation at a future meeting.

Town Planner Report

Town Planner Bill Trimm outlined the Puget Sound Regional Council (PSRC) 2050 update process and distributed a draft comment letter for review, due to PSRC March 19, 2018.

III — Mayor's Report 1. Requested an excused absence for the March 19 meeting. After discussion, the Council agreed to cancel the March 19 meeting and hold a special meeting the next week, if necessary.

2. Shared that the three grant proposals submitted to the Snohomish County Historical Committee were not funded.

3. Noted that the bench in front of Town Hall had been donated in exchange for a log.

4. Reminded the Council that Snohomish County would be convening a design review board for reviewing the aesthetics associated with the Point Wells project.

5. Reported that she and Town Administrator Faison had held a meeting with several residents to discuss budget concerns.

V - Berk Consulting — Amendment 1 to Contract for Upper Bluff EIS funding

Town Planner Bill Trimm outlined the Amendment to the EIS funding contract with BERK Consulting that authorized additional items that needed to be studied to complete the EIS for the Upper Bluff project and gave a brief update on the application status.

Discussion followed on the nature of a quasi-judicial proceeding.

Councilmember Mitchell moved to authorize the Mayor to sign Amendment 1 to the Berk Consulting Contract for Upper Bluff EIS funding substantially in the form presented. Councilmember Anderson seconded the motion.

The motion passed

unanimously.

Town Council Meeting 13/5/2018

2


FOLLOW-UP


1. Reported that the draft interlocal agreement for police services with the City of Edmonds had not arrived yet.

2. Shared that staff had received and reviewed the draft Phase II interlocal annexation agreement from Snohomish County for Woodway's Municipal Urban Growth Area.

Bill Payment Procedure

Mayor Nichols outlined the standard bill payment procedure to be used in lieu of the March 19 Council meeting. The procedure involves the Clerk-Treasurer preparing the claims checks for payment, circulating the list of claims to the Mayor and Council, and allowing a few days for questions/comments before mailing the checks.

Councilmember Mitchell moved to approve the Bill Payment Procedure. Councilmember Howard seconded the motion.

The motion passed

unanimously.

Audience Comments Louise Dickins, Warranty Manager for Building 10 at the Point Edwards development, briefly presented an update on the final building height. Discussion followed. Ms. Dickins requested that the Town approve the revised final building height, which was 4" higher than planned. Mayor Nichols reported that the closest adjacent Woodway resident, Dr. David Inadomi, did not object to the new height.

Council and Mayor agreed to the revised height. Mayor Nichols will send an email recording that approval.

Adjournment Councilmember Mitchell moved to adjourn the meeting. Councilmember Saltonstall seconded the motion.

The motion passed








TOWN OF WOODWAY COUNCIL RETREAT MINUTES

Meeting Date: March 5, 2018 Location: Woodway Town Hall - 23920 1131 h Place W.

Members Present


Mayor Carla Nichols

Z Councilmember William Anderson


Z Councilmember Elizabeth Mitchell

Z Councilmember Torn Whitson

Councilmember Tom Howard

Town Administrator Eric Faison 0 Clerk-Treasurer Heidi Napolitino

O Public Works Director Terry Bryant 0 0 Police Chief Doug Hansen ❑


FoLLow-UP


Mayor Nichols called the retreat to order at 6:45 p.m.


The Council discussed: • Town Finances • Point Wells Design Review Board Hearing • Point Wells/City of Shoreline • Future Town Leadership

Executive Session for Approximately 15 minutes to Discuss Potential Litigation

Cancelled.

Adjournment Councilmember Howard moved to adjourn the meeting. Councilmember Saltonstall seconded the motion.

The motion passed







Town Council Retreat 1 3/5/2018

TOWN OF WOOD WAY

CLAIMS APPROVAL

"I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is a just, due, and unpaid obligation against the Town of Woodway, Snohomish County, Washington, and that I am authorized to authenticate and certify to said claims."

Clerk Treasurer

The following transactions are approved for 2018 payment:

Claims checks #12191 through 12205 $15,530.92

This 16th day of April 2018.

Mayor Councilmember

Councilmember

Councilmember

CHECK REGISTER Town Of Woodway MCAG #: 0700

Trans Date Type Acct #

04/03/2018 To: 04/16/2018

Chk # Claimant

Time: 16:32:59 Date: 04/13/2018

Page: 1

Amount Memo

584 04/16/2018 Claims 1 12191 Aggressive Consulting 95.00 4/3/2018 - New Employee Set

585 04/16/2018 Claims 1 12192 American Data Guard 10.00 Shred Bin Fee

586 04/16/2018 Claims 1 12193 City Of Edmonds 600.00 April 2018 Custodial Services

587 04/16/2018 Claims 1 12194 Comcast Business 787.59 Town Hall Phone Service; Town Hall Phone Service

588 04/16/2018 Claims 1 12195 Edmonds Auto Parts 98.09 PW Tools; Windshield Wipers, Wrench Sets; Wire; Oil; Rain-X

589 04/1 6/2018 Claims 1 12196 David Constable Norseman Door 1,312.57 Garage Door Sensor Replacement - Three Doors

590 04/16/2018 Claims 1 12197 Ogden Murphy Wallace 10,666.31 Legal Services - General: 561.75, General (Town Hall): 530.00, Ronald: 6076.56, MUGA: 3498.00

591 04/16/2018 Claims 1 12198 Olympic View Water & Sewer 227.11 Water & Sewer Service - Town District Hall - 1/31-3/31/2018

592 04/16/2018 Claims 1 12199 Pacific Office Automation 88.71 Monthly Copier Maintenance And Supplies

593 04/16/2018 Claims 1 12200 Precision Door Service 308.65 Garage Door Repair

594 04/16/2018 Claims 1 12201 Protection One Alarm 149.89 Alarm And Elevator Monitoring

Monitoring, Inc. 595 04/16/2018 Claims 1 12202 Snohomish County Finance 381.23 Overlay

596 04/16/2018 Claims 1 12203 Sound Publishing, Inc. 24.08 Publication Of Summary Of Ordinance 18-590

597 04/16/2018 Claims 1 12204 Thyssen Krupp Elevator 749.78 2nd Quarter 2018 Elevator Maintenance

598 04/16/2018 Claims 1 12205 Town Of Woodway Petty Cash 31.91 Laser Pointer & Batteries

001 Current Expense 102 Transportation Fund 420 Storm Drainage

15,048.50 479.32

3.10 Claims: 15,530.92

15,530.92

MEMORANDUM

TO: Town Council

FROM: Eric Faison, Town Administrator

SUBJECT: Addendum to Annexation ILA with Snohomish County

DATE: 4/16/2018

CC: Carla Nichols, Mayor

In 2016, the Town and Snohomish County executed an interlocal agreement ("Master ILA"), the purpose

of which was to facilitate an orderly transition of services following the annexation by the Town of

territory within its municipal urban growth area ("MUGA"). The Master ILA was applicable to the

entirety of the Town's then existing MUGA, including the Upper Bluff and Point Wells. The agreement

described the Upper Bluff as a Phase 1 annexation area and Point Wells as a Phase 2 annexation area.

Since the execution of the Master ILA, the Town has annexed the Upper Bluff. So, the Master ILA is only

applicable to Point Wells now.

Section 2.6.1 of the Master ILA states that, before the Town proceeds with a Phase 2 annexation, the

parties will execute a separate agreement or agreement to address issues more particular to Point

Wells. After much discussion, County staff and I have agreed that the Master ILA addresses pretty

comprehensively most issues that might be encountered during an annexation of Point Wells by the

Town. As a result, the County is proposing only minor changes in the attached "Addendum".

The primary changes to the Master ILA outlined in the Addendum are clarifications to procedural

matters in Section 5 of the agreement. These are not substantive changes that I believe are problematic

for the Town. As a result, I recommend that Council authorize the Mayor to execute the Addendum in

substantially the form as attached.

ADDENDUM TO THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WOODWAY AND SNOHOMISH COUNTY

CONCERNING ANNEXATION AND URBAN DEVELOPMENT WITHIN THE WOODWAY MUNICIPAL URBAN GROWTH AREA

1. PARTIES

This addendum ("Addendum") to the Interlace! Agreement Between the Town of Woodway and Snohomish County Concerning Annexation and Urban Development Within the Woodway Municipal Urban Growth Area ("Agreement"), posted on the Snohomish County website with a term beginning September 26, 2016, is entered into by the Town of Woodway ("Town"), a Washington municipal corporation, and Snohomish County ("County"), a political subdivision of the State of Washington, collectively referred to as the "Parties," under Sections 2.6.1 and 15 of the Agreement.

2. PURPOSE OF THE ADDENDUM

Section 2.6.1 of the Agreement anticipated the Town would annex the area within the unincorporated Woodway MUGA in two phases. The entirety of the area identified as the Phase One annexation, as defined in Section 2.6.1 of the Agreement, was accomplished by Town of Woodway through the passage of Ordinance No. 16-572 with an effective date of July 11, 2016. The Agreement further acknowledged the Parties may need to address specific issues related to the potential Phase Two annexation, as defined in Section 2.6.1 of the Agreement. This Addendum addresses issues related to the potential Phase Two annexation, and other updates to the Agreement the Parties deem appropriate.

3. APPLICABILITY OF AGREEMENT

All terms of the Agreement apply to the whole or to any part of a Phase Two annexation, except as specifically revised as set forth in section 4 below.

4. REVISED TERMS OF AGREEMENT

4.1 Section 5.6.3 of the Agreement is replaced in its entirety with the following, which shall be applicable to the whole or to any part of a Phase Two annexation:

5.6.3 Transfer prior to completing the active phase of review. The County and Town agree that the County will terminate review of any pending permit applications on the effective date of the annexation. The processing of all pending permit applications will transfer automatically from the County to the Town on the effective date of an annexation. The County agrees that it will make County staff available to the Town for consultation on any permit application pending on the effective date of an annexation through the date of a "land use decision" as defined in RCW 36.70C.020(2).


Page 1 of 3

5.6.4 Administrative hearing proceedings. The County and Town agree that the County's quasi-judicial hearing decision makers, including the Snohomish County Hearing Examiner and the Snohomish County Council, should not make decisions on pending permit applications or appeals of administrative decisions on permit applications. Accordingly, the County will work with the Town on the timing of administrative hearing proceedings so that no administrative hearing proceeding is underway on the effective date of an annexation. The County will coordinate with the Town to ensure that either (1) the County concludes and issues a decision on an administrative hearing proceeding prior to the effective date of the annexation; or (2) the County defers the timing of the administrative hearing proceeding to a date following the effective date of the annexation to provide the Town the opportunity to exercise its jurisdiction over the proceeding. To the extent not inconsistent with Snohomish County Code or state law, the County shall endeavor to implement the latter option of deferral.


5.6.5 Effect of decisions by the County regarding permit review phases. The Town is encouraged to respect and give effect to all decisions made in the ordinary course by the County regarding those permit review phases, as defined in Subsection 5.1 of the Agreement, for a pending permit application within an annexed area that are completed by the County prior to the effective date of such annexation. Nothing herein shall deny the Town its right to appeal, or to continue an existing appeal, of any appealable decision made by the County prior to the effective date of an annexation.


5.6.6 Proportionate sharing of permit application fees. The County and the Town agree to proportionately share the permit application fees for permit applications pending on the effective date of an annexation. Proportionate shares will be calculated based on the County's permitting fee schedule. With respect to each pending permit application, the County shall retain that portion of the permit application fees that is allocable to the phases of review completed by the County prior to the effective date of the annexation. The Town also agrees that the County shall retain that portion of the permit application fees expended on phases of review underway on the effective date of annexation. Invoices for any work performed by third-party consultants prior to the effective date of annexation shall be processed by the County. Invoices for any work performed by third-party consultants after the effective date of annexation shall be processed by the Town.

4.5 Section 5.7 of the Agreement is replaced in its entirety with the following, which shall be applicable to the whole or to any part of a Phase Two annexation:

5.7 Legal challenges arising out of land use decisions. The County shall protect, save harmless, indemnify and defend, at its own expense, the Town, its elected

Page 2 of 3

and appointed officials, officers, employees, volunteers and agents, from any loss or claim for damages of any nature whatsoever arising out of any land use decisions regarding building permit applications, associated permit applications and/or land use permit applications respecting real property located in an annexation area that were issued by the County prior to the effective date of the annexation. The Town shall protect, save harmless, indemnify and defend, at its own expense, the County, its elected and appointed officials, officers, employees, volunteers and agents, from any loss or claim for damages of any nature whatsoever arising out of any land use decisions regarding building permit applications, associated permit applications and/or land use permit applications respecting real property located in an annexation area that are issued after the effective date of the annexation. The term "land use decision" as used in this section 5.7 is the same as the definition of "land use decision" as defined in ROW 36.70C.020(2).

5. Filing

A copy of this Addendum shall be filed with the Woodway Town Clerk and posted on the Snohomish County website pursuant to RCW 39.34.040.

IN WITNESS WHEREOF, the parties have signed this Addendum, effective on the later date indicated below.

TOWN OF WOODWAY SNOHOMISH COUNTY BY: BY:

Carla A. Nichols Mayor

Dave Somers County Executive

Date: Date:

ATTEST: ATTEST:

Town Clerk/Treasurer

Approved as to form: Approved as to form: Office of the City Attorney Snohomish County Prosecutor

Deputy Prosecuting Attorney for Attorney for the Town of Woodway Snohomish County

Page 3 of 3

MEMORANDUM

TO: Town Council

FROM: Eric Faison, Town Administrator

SUBJECT: Interlocal Agreement with Edmonds for Police Services

DATE: 4/16/2018

CC: Carla Nichols, Mayor

Over the past year, the Mayor and Town staff have discussed with the City of Edmonds an extension or change to our police services contract. As you might recall, our previous contract was scheduled to expire at the end of 2017. While, initially, we were only interested in extension of the current contractual arrangement, Edmonds continually expressed interest in a more far reaching agreement that would result in the Town contracting with Edmonds for all police services.

After extensive negotiations, we have reached an agreement at the staff level that will result in Edmonds providing a full range of police services under the terms of the attached agreement. The agreement excludes investigative services (which will be provided on an hourly basis), code enforcement (which will continue to be provided by the Town), and animal control (which is a service that the Town does not currently provide). We also will continue to be responsible for our costs related to dispatch, court and jail services.

The proposed agreement is for a seven-year term, beginning on January 1, 2019. The cost for the services is approximately $193,000 a year, with annual inflationary adjustments. The agreement may be terminated after 2024, with one-year's notice. If no termination notice is received, the agreement has automatic two-year extensions thereafter. The agreement also may be terminated for breach (e.g., failure to pay) or if the parties are unable to agree with any requested renegotiated rate changes as a result of several itemized events (e.g., significant increases in service calls).

The draft agreement, which is attached, has been reviewed and approved by me, the Mayor, our Town Attorney and our Police Chief. It is staff's recommendation that the Council authorizes the Mayor to execute the agreement, substantially in the form as attached.

Separately, you also will find attached an extension of our current agreement with Edmonds. Because the new contract will not begin until 2019, we are proposing that Council approves extending the existing agreement under the currently applicable terms through the end of the year.

I will be reviewing with you at the meeting information that we previously discussed regarding future services by our officers and the long-term financial implications of the agreement.

INTERLOCAL AGREEMENT FOR

POLICE SERVICES

This Interlocal Agreement ("ILA") by and between the City of Edmonds ("Edmonds"), a

Washington municipal corporation organized under Title 35A RCW and the Town of Woodway

("Woodway"), a Washington municipal corporation organized under Title 35A RCW (together,

the "parties"), is for the provision of police services.

WHEREAS, Woodway's geographical boundaries lie immediately abutting Edmonds;

and,

WHEREAS, Woodway possesses the power, legal authority, and responsibility to provide

law enforcement services to the citizens within its boundaries; and

WHEREAS, Edmonds provides law enforcement services to the citizens of Edmonds; and

WHEREAS, Edmonds has the power and legal authority to extend those law

enforcement services into the geographical area of Woodway by contract; and

WHEREAS, Woodway desires that Edmonds extend its law enforcement services into

the geographical area of Woodway; and

WHEREAS, Woodway desires to enter into an agreement with Edmonds whereby

Edmonds will extend its law enforcement services into the geographical boundaries of

Woodway, and Woodway will compensate Edmonds for the equitable share of such service;

and

WHEREAS, Edmonds agrees to extend such law enforcement services into the

geographical boundaries of Woodway; and

WHEREAS, Chapter 39.34 RCW and other statutes authorizes two or more public

entities to contract with each other to perform functions that each may individually perform;

and

WHEREAS, Edmonds and Woodway now wish to enter into the ILA as provided herein;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained

herein, Edmonds and Woodway hereto agree as follows:

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1. DEFINITIONS

The following definitions shall apply throughout this ILA.

a. Contract Payment: The annual amount that Woodway shall pay to Edmonds

pursuant to this ILA, as described in Exhibit A hereto.

b. Material Breach: A Material Breach means Woodway's failure to timely pay the

Contract Payment as described within this ILA, or either party's failure to comply

with other material terms of this ILA.

2. SCOPE OF SERVICESServices Provided. Edmonds shall provide all the police services that

it provides to its own citizens, except SWAT, animal control, parking enforcement, and

civil non-traffic code enforcement that is not typically enforced by commissioned

members of the police department (e.g., land use complaints, nuisance abatement, fire

and building code violations) to a service area covering the corporate limits of

Woodway. In addition, Edmonds shall provide support services including, but not limited

to, public information, records, fleet maintenance, property room, payroll and finances,

human resources, and legal and risk management pertaining to the operations and

delivery of the police services. Investigative services (detectives) are provided subject to

an additional cost as described in Section 3.6 below.

2.2 Training, Education, and Career Development. Edmonds shall provide training and

education to all Edmonds police personnel in accordance with State, County and local

requirements.

2.3 Management and Supervision. Edmonds shall provide and be responsible for the

management and supervision of all Edmonds' police officers, as is ordinary and

customary, when they are on duty as Edmonds' employees. Woodway currently

employs, and currently intends to continue to employ, off-duty police officers from

Edmonds and other local jurisdictions as police officers for Woodway. The parties

acknowledge that Woodway shall be responsible for the management and supervision

of Edmonds' police officers when such officers are on duty as Woodway employees.

3. STANDARDS FOR SERVICES/STAFFING

3.1 Staffing. While Edmonds is not making an affirmative minimum staffing commitment to

Woodway pursuant to this ILA, the parties acknowledge that Edmonds does have a

collective bargaining agreement with the Edmonds Police Officers Association, which

does address minimum staffing levels. Edmonds typically provides a minimum of one

sergeant and four officers assigned to field services on-duty, twenty-four hours per day.

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3.2 Additional FTE. Edmonds intends to use a portion of the Contract Payment to add an

additional FTE to the Edmonds police force. Woodway acknowledges that,

notwithstanding this intention, police department staffing levels shall ultimately be

determined according to the legislative discretion of the Edmonds City Council.

3.3 Patrol district. Edmonds shall include Woodway within a patrol district, and Edmonds

shall patrol Woodway on the same basis and frequency as other parts of that patrol

district. As of the date of execution of this Agreement, the patrol district within which

Woodway will be included is shown on the map attached hereto as Exhibit B. Over the

course of this Agreement, Edmonds retains the discretion to alter the boundaries of its

patrol districts and shall provide Woodway with any updates to Exhibit B.

3.4 Vehicles and equipment. Edmonds shall use its own vehicles and equipment to provide

the service.

3.5 Woodway officers. Beginning in the year 2019, and continuing indefinitely, Woodway

intends to employ five police officers, which officers will be off-duty officers of Edmonds

and other jurisdictions. Edmonds acknowledges that, notwithstanding this intention, the

number of officers, if any, hired by Woodway shall ultimately be determined according

to the legislative discretion of the Woodway Town Council. These Woodway officers will

not be directly dispatched from Snohomish County 911, when they are on-duty as

Woodway officers. They will patrol Woodway and may initiate their own contacts.

Woodway officers will not be primary responders and will not be routinely dispatched

by SnoCo 911. However, nothing herein precludes a Woodway officer from providing

mutual aid to an Edmonds officer rendering law enforcement services pursuant to this

ILA.

3.6 Investigation services. Edmonds will bill all detective time on an hourly basis at the rate

of $100 per hour for 2019. The rate shall increase by 3% each year after 2019. Time shall

be billed in 15-minute increments. Woodway reserves the right to have its own officers

perform the investigative work for a particular case upon providing written notice to

Edmonds that it intends to do so. If Woodway opts to assume responsibility for

investigating a case, any investigative work done by Edmonds prior to Edmonds

receiving such notice, shall be paid for by Woodway pursuant to this section.

3.7 Call clearance protocols. Edmonds will use the same call clearance protocols within

Woodway as it uses within Edmonds, as such protocols may be adjusted from time to

time. Among other things, this currently means that Edmonds will not be writing false

alarm reports when responding to false alarms in Woodway.

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3.8 Criteria-Based 9-1-1 Dispatch. Edmonds will respond to dispatched 911 calls that are

received by the dispatching agency pertaining to calls for service from within the Town

of Woodway. Edmonds shall prioritize responses to calls within Woodway as it would

prioritize responses to calls within Edmonds. The parties recognize that responses to

emergencies are dispatched by dispatching agency based upon dispatch protocols,

including call-type priority and the location of available units.

4. RENEGOTIATION

4.1 Either party may elect to renegotiate this ILA upon the occurrence of any of the

following "Negotiation Thresholds:"

a. Call volume. If call volume exceeds 330 calls for service per year over any

consecutive two calendar years, or if call volume falls to less than 270 calls per year

over any consecutive two calendar years. (During 2017, Woodway generated

approximately 300 calls for service. This ILA is premised upon a call volume not

significantly deviating from the 2017 level.)

b. Point Wells. If Woodway annexes the Point Wells area.

c. Service Level. If the current typical minimum staffing of one sergeant and four

officers assigned to field services on-duty, twenty-four hours per day is no longer the

norm.

d. Role of Woodway Officers. If Woodway wants to make material changes to the role

that police officers employed by Woodway play in responding to calls for service,

including but not limited to changes in the dispatch protocol described in paragraph

3.5 herein.

4.2 Following the occurrence of a Negotiation Threshold, the party electing to renegotiate

this ILA shall provide written notice to the other party ("Threshold Notice"). Within

thirty (30) days of issuance of a Threshold Notice, the parties shall meet to renegotiate

this ILA. If an amended ILA has not been executed within one hundred eighty (180) days

of the Threshold Notice, or such longer period as mutually agreed to in writing by the

parties, a twelve-month wind-up period shall automatically begin to run during which

Edmonds will continue to provide services under this Agreement while Woodway

prepares to transition to another service provider at the end of the wind-up period.

5. ANNUAL CONTRACT PAYMENT TERMS

5.1 Quarterly Payments. Woodway shall pay Edmonds the Contract Payment in equal

quarterly installments by the 15th day of each quarter for which service is being

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provided. For example, the first quarter 2019 payment would be due on January 15,

2019. Failure to pay quarterly installments in a timely manner shall be considered a

Material Breach.

5.2 Contract Payment Adjustment. Each year, no later than October 1, Edmonds shall

submit to Woodway an invoice for the ensuing year Contract Payment amount.

6. JAIL EXPENSES

Each party shall bear its own cost for incarceration, including but not limited to booking

fees, daily charges, prisoner medical costs, and extradition costs, based on where the

crime occurred.

7. OVERSIGHT AND REPORTING

7.1 Agreement Administrators. Edmonds' Police Chief and Woodway's Town Administrator,

or their designees, shall act as administrators of this ILA for purposes of RCW 39.34.030.

7.2 Reporting. Edmonds' Police Chief shall present a written annual report covering the

previous calendar year to the Woodway Town Council by April 1st of each calendar year.

Edmonds' Police Chief or Chief's designee shall be available to appear before the

Woodway Town Council to discuss the services at reasonable times with reasonable

advance notice and request. Any preparation and/or compilation of data for additional

reports (NIBRS/FBI reporting, WASPC Reporting, etc.) shall not be the responsibility of

Edmonds.

B. OTHER CONTRACTUAL RELATIONSHIPS

Woodway and Edmonds each currently have contractual relationships with other

Snohomish County public safety entities or agencies ("Public Safety Agencies"), including

the Department of Emergency Management, Snohomish County 911, and Snohomish

County Emergency Radio System Agency. The parties intend to maintain their

relationships and participation with these agencies and will act to represent themselves

and retain authority to negotiate on their own behalf.

The parties agree, however, to attempt to coordinate their individual relationships with

these Public Safety Agencies so that the services under this ILA will be provided in an

efficient and cost-effective manner. The parties agree to meet in a timely manner to

discuss any proposed change in participation in these agencies that may result in a

substantial change to either party's financial obligations with or services from such

agencies.

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The parties agree to attempt to negotiate a court services contract with Edmonds

Municipal Court as soon as practicable, but neither party shall be bound to enter into

such a contract.

9. TERM OF AGREEMENT

9.1 Effective Date and Term. The Effective Date of this ILA shall be January 1, 2019. This ILA

shall continue in effect until December 31, 2025, unless terminated earlier as provided

in section 9.2. After December 31, 2025, this ILA shall automatically renew under the

same terms and conditions for successive, rolling two (2) year periods, unless

terminated as provided in this Section 9.

9.2 Material Breach, Early Termination and Wind-Up Period. In the event of a Material

Breach of this ILA, the non-breaching party shall provide written notice of such breach

to the breaching party, with a ten (10) day opportunity to cure such breach. In the

event of a Material Breach that has not been cured, the parties shall, unless otherwise

agreed in writing, continue to perform their respective obligations under this ILA for a

minimum of twelve (12) months after notice of the Material Breach (the "Wind-Up

Period"). Provided, however, the Wind-Up Period shall be ninety (90) days if the

Material Breach involves Woodway's failure to make the Contract Payment. During the

Wind-Up Period, the parties shall coordinate their efforts to prepare for the transition to

other methods of providing police service to Woodway. Woodway shall be responsible

for all Contract Payment installments required herein until the conclusion of the Wind-

Up Period.

10. TERMINATION

10.1 Termination — Notice. In addition to terminating this ILA for a Material Breach, either

party may terminate this ILA at any time after December 31, 2024 by providing the

other party with one (1) year written notice of its intent to terminate.

10.2 Termination Costs. Each party shall be solely responsible for any costs they may incur

by the termination of this ILA under the provisions herein.

10.3 Duty to Mitigate Costs. The parties each have an affirmative duty to mitigate, to the

extent reasonably possible, the costs of termination upon the other party.

11. INDEMNIFICATION

11.1 Edmonds shall protect, save harmless, indemnify, and defend Woodway, its elected and

appointed officials, officers, employees, and agents, from and against any loss or claim

for damages of any nature whatsoever arising out of any act or omission of Edmonds, its

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elected or appointed officials, officers, employees, or agents, in the execution of or

performance of services provided by this ILA. Such duty includes, but is not limited to,

all claims by third parties or Edmonds' employees against which Woodway would

otherwise be immune under Title 51 RCW or other law. Such duty shall not extend to a

loss or claim attributable to the negligence or willful misconduct of Woodway, its

elected or appointed officials, officers, employees, or agents.

11.2 Woodway shall protect, save harmless, indemnify, and defend Edmonds, its elected and

appointed officials, officers, employees, and agents, from and against any loss or claim

for damages of any nature whatsoever arising out of any act or omission of Woodway,

its elected or appointed officials, officers, employees, or agents, in the execution of or

performance of services provided by this ILA including off-duty officers of Edmonds

whose negligence or willful misconduct arises while on-duty for Woodway. Such duty

includes, but is not limited to, all claims by third parties or Woodway's employees

against which Edmonds would otherwise be immune under Title 51 RCW or other law,

or claims by Edmonds' officers arising solely from their employment by Woodway. Such

duty shall not extend to a loss or claim attributable to the negligence or willful

misconduct of Edmonds, its elected or appointed officials, officers, employees, or

agents.

11.3 In executing this Agreement, Edmonds does not assume liability or responsibility for, or

in any way release Woodway from, any liability or responsibility that arises in whole or

in part from the enforcement by Edmonds under this ILA of Woodway ordinances, rules

or regulations claimed, or determined by a court of law, to be unconstitutional or

otherwise unlawful in its enactment or substantive provisions. In any cause, claim, suit,

action, or administrative proceeding in which the enforceability and/or validity of any

such Woodway ordinance, rule, or regulation is at issue, Woodway shall defend on that

issue at its sole expense, and if judgment is entered or damages are awarded against

Woodway, Edmonds, or both, on such basis, Woodway shall hold Edmonds, its officials

and employees harmless, including all chargeable costs and attorney's fees. In any such

cause, claim, suit, or action, each party shall otherwise remain responsible for its own

acts or omissions, as well as those of its elected and appointed officials, officers,

employees, and agents, as provided in paragraphs 11.1 and 11.2 to this ILA.

11.4 Edmonds shall be solely responsible for compliance with Ch. 4.12 RCW, Ch. 41.56 RCW,

applicable Edmonds personnel policies, ordinances and resolutions in carrying out its

obligations under this ILA and shall defend and hold harmless Woodway from any costs,

expenses, or damages arising therefrom, including attorney's fees.

12. WOODWAY AND EDMONDS ARE INDEPENDENT MUNICIPAL GOVERNMENTS

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12.1 Independent Governments. Woodway and Edmonds recognize and agree that the

parties are independent governments. Except for the specific terms herein, nothing

herein shall be construed to limit the discretion of the governing bodies of each party.

Specifically, and without limiting the foregoing, Edmonds shall have the sole discretion

and the obligation to determine the exact method by which the services are provided

within Edmonds and within Woodway unless otherwise stipulated within this ILA.

12.2 Resource Assignments. Edmonds shall assign the resources available to it without

regarding to political boundaries, but rather based upon the operational judgment of

Edmonds as exercised within the limitations and obligations of Sections 3.3 through 3.8.

12.3 Debts and Obligations. Neither Woodway nor Edmonds, except as expressly set forth

herein or as required by law, shall be liable for any debts or obligations of the other.

13. INSURANCE

13.1 Insurance Policy. The term "insurance policy" as used in this ILA means either valid

insurance offered and sold by a commercial insurance company or carrier approved to

do business in the State of Washington by the Washington State Insurance

Commissioner or valid self-insurance through a self-insurance pooling organization

approved for operation in the State of Washington by the Washington State Risk

Manager or any combination of valid commercial insurance and self-insurance pooling if

both are approved for sale and/or operation in the State of Washington.

13.2 Maintenance of Insurance. For the duration of this ILA, each Party shall maintain

insurance as follows: Each party shall maintain its own insurance policy insuring damage

to its own real and personal property and equipment. Such insurance policy shall be in

an amount not less than one million dollars ($1,000,000.00) per occurrence with a

deductible of not more than five-thousand dollars ($5,000.00). Additionally, each party

shall maintain an insurance policy insuring against liability arising out of work or

operations performed by that party in an amount not less than one million dollars

($1,000,000.00) per occurrence with a deductible of not more than five-thousand

dollars ($5,000.00).

14. DISPUTE RESOLUTION

It is the intent of the parties to first attempt to resolve all disputes between before

commencing any litigation. In the event that any dispute between the parties cannot be

resolved by good faith negotiations between the parties, then the mediation provision

of this ILA shall apply before any litigation is commenced by either party. Nothing herein

shall prevent either party from providing notice of termination of the ILA pursuant to

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Section 10.1 prior to completion of the dispute resolution processes described below;

however, such notice shall not affect any obligations to proceed with the Dispute

Resolution provisions.

14.1 Mediation. Upon a request by either party to mediate a dispute that is subject to the

Dispute Resolution provisions, the parties shall mutually agree upon a mediator. If the

parties cannot agree upon a mediator within ten (10) business days after such request,

the parties shall submit the matter to the Judicial Arbitration and Mediation Service

(JAMS) and request that a mediator be appointed. This requirement to mediate the

dispute may only be waived by mutual written agreement before a party may proceed

to litigation as provided within this ILA. Except for unusual reasons beyond the

reasonable control of either party, mediation shall be completed within ninety (90) days

after the mediator is selected. Any expenses incidental to mediation, including the

mediator's fee, shall be borne equally by Woodway and Edmonds.

14.2 Litigation. If mediation fails to resolve the dispute, either party may file an action in

Superior Court. Jurisdiction and venue for such actions shall lie exclusively in Superior

Court for Snohomish County, Washington. Each party shall be responsible for its own

costs and attorneys' fees.

15. MISCELLANEOUS PROVISIONS

15.1 Noticing Procedures. All notices, demands, requests, consents and approvals which

may, or are required to be given by any party to any other party hereunder, shall be in

writing and shall be deemed to have been duly given if delivered personally, sent by

electronic mail (provided a read receipt is obtained by the sender), sent by nationally

recognized overnight delivery service, or if mailed or deposited in the United States

mail, sent by registered or certified mail, return receipt requested and postage prepaid

to:

Edmonds:

Woodway:

Police Chief

Town Administrator

250 5th Avenue North

23920 113th Place West

Edmonds, WA 98020

Woodway, WA 98020

Or, to such other address as the foregoing Woodway and Edmonds hereto may from

time-to-time designate in writing and deliver in a like manner. All notices shall be

deemed complete upon actual receipt or refusal to accept delivery. Email transmission

of any signed original document and retransmission of any signed email transmission

shall be the same as delivery of an original document.

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15.2 Other Cooperative Agreements. Nothing in the ILA shall preclude the parties from

entering into contracts for service in support of this ILA.

15.3 Public Duty Doctrine. This ILA shall not be construed to provide any benefits to any

third parties. Specifically, and without limiting the foregoing, this ILA shall not create or

be construed as creating an exception to the Public Duty Doctrine. Woodway and

Edmonds shall cooperate in good faith and execute such documents as necessary to

effectuate the purposes and intent of this ILA.

15.4 Entire Agreement. The entire agreement between Woodway and Edmonds hereto is

contained in this ILA and exhibits thereto. This ILA supersedes all of their previous

understandings and agreements, written and oral, with respect to this transaction.

15.5. Amendment. This ILA may be amended only by written instrument approved by the

governing bodies of Woodway and Edmonds subsequent to the date hereof.

Dated this day of April 2018

CITY OF EDMONDS

By:

Attest:

Dave Earling, Mayor Scott Passey, City Clerk

Approved as to form:

By:

Jeff Taraday, City Attorney

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TOWN OF WOODWAY

By: Attest:

Carla A. Nichols, Mayor Heidi Napolitino, Town Clerk

Approved as to form:

By:

Greg Rubstello, Town Attorney

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EXHIBIT A

CONTRACT PAYMENT

For 2019, the annual Contract Payment shall be $193,067.

Each year after 2019, the annual Contract Payment shall increase from the prior year by 3%,

PROVIDED THAT if the CPI for two consecutive years increases more than 3% during the term of

the ILA, then the Contract Payment for the year following the previously referenced

consecutive two years would increase by 3% plus the average of the percentages that the CPI

exceeded 3% during the previously referenced consecutive two years.

"CPI" as used here means the amount of the CPI-U June-to-June index for Seattle-Tacoma-

Bremerton.

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AMENDMENT NO. 4 TO THE INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS, WASHINGTON AND TOWN OF WOODWAY, WASHINGTON

FOR POLICE SERVICES

THIS AMENDMENT No. 4 ("Amendment") is made and entered into as of the date set forth below between the City of Edmonds, a Washington municipal corporation ("Edmonds"), and the Town of Woodway, a Washington municipal corporation ("Woodway") (collectively "the Parties").

RECITALS

A. The Parties entered into an interlocal agreement dated December 19, 2014 ("the Agreement"), under which the City of Edmonds agreed to provide certain police services to the Town of Woodway in exchange for payment of a specified monthly sum.

B. Section I of the Agreement provided that the term of the Agreement would be from January 1, 2015 through December 31, 2017.

C. Section 1 was amended in December 2017 (Amendment No. 1) to extend the expiration date of the Agreement to January 31, 2018, giving the parties additional time to negotiate the next agreement. Section I was amended again in January 2018 (Amendment No. 2) to extend the expiration date of the Agreement to March 31, 2018, again giving the parties additional time to negotiate the next agreement. The amount that Woodway pays Edmonds for police services under Section 6.1 was also amended in Amendment No. 2 to increase the payment during the extension period.

D. The Parties later approved an additional extension of the Agreement through April 2018, to allow time for the Parties to continue negotiating terms of a new interlocal agreement.

E. The Parties have now approved a new interlocal agreement that will take effect on January 1, 2019.

F. The Parties would like to allow an additional extension of the current Agreement through December 2018, to allow time for the Parties to prepare to transition to the new service level on January 1, 2019.

G. The Parties therefore desire to amend the Agreement to clarify this change to its terms.

NOW, THEREFORE, in consideration of the mutual benefits herein contained, the Parties hereby agree as follows:

1. The first sentence of Section I of the Agreement is hereby amended to read as follows:

Amendment No. 4 to Woodway Police Services Interlocal Agreement Page 1 of 2

THIS AGREEMENT for Police Services ("Agreement") shall have a term commencing on January 1, 2015 and expiring on December 31, 2018.

2. All other terms of the Agreement shall remain in full force and effect except as amended by this Amendment. If a conflict arises between the terms of this Amendment and the Agreement, the terms of this Amendment shall control.

IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year written below.

EXECUTED this day of April, 2018.

CITY OF EDMONDS TOWN OF WOODWAY

By: By: Mayor David 0. Earling Mayor Carla A. Nichols

ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED:

By: By: Scott Passey, City Clerk Heidi K. S. Napolitino, Clerk-Treasurer

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By: Office of the City Attorney City Attorney

Amendment No. 4 to Woodway Police Services Interlocal Agreement Page 2 of 2

TOWN OF WOODWAY

RESOLUTION 18-399

A RESOLUTION AUTHORIZING INVESTMENT OF TOWN OF WOODWAY MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL

WHEREAS, pursuant to Chapter 294, Laws of 1986, the Legislature created a trust fund to be known as the public funds investment account (commonly referred to as the Local Government Investment Pool (LGIP)) for the contribution and withdrawal of money by an authorized governmental entity for purposes of investment by the Office of the State Treasurer; and

WHEREAS, from time to time it may be advantageous to the Town of Woodway, the "governmental entity", to contribute funds available for investment in the LGIP; and

WHEREAS, the investment strategy for the LGIP is set forth in its policies and procedures; and

WHEREAS, any contributions or withdrawals to or from the LGIP made on behalf of the governmental entity shall be first duly authorized by the Woodway Town Council, the "governing body", or any designee of the governing body pursuant to this resolution. or a subsequent resolution; and

WHEREAS the governmental entity will cause to be filed a certified copy of said resolution with the Office of the State Treasurer; and

WHEREAS the governing body and any designee appointed by the governing body with authority to contribute or withdraw funds of the governmental entity has received and read a copy of the prospectus and understands the risks and limitations of investing in the LGIP; and

WHEREAS, the governing body attests by the signature of its members that it is duly authorized and empowered to enter into this agreement, to direct the contribution or withdrawal of governmental entity monies, and to delegate certain authority to make adjustments to the incorporated transactional forms, to the individuals designated herein.

NOW, THEREFORE, the Town Council of the Town of Woodway does hereby resolve as follows:

Section 1. To authorize the contribution and withdrawal of governmental entity monies in the LGIP in the manner prescribed by law, rule, and prospectus.

Section 2. To approve the Local Government Investment Pool Transaction Authorization Form (Form) as completed by the Clerk-Treasurer and incorporates said form into this resolution by reference and does hereby attest to its accuracy.

Resolution 18-399 14/16/2018 1

Section 3. To designate Heidi K. S. Napolitino, Clerk-Treasurer, the "authorized individual" to authorize all amendments, changes, or alterations to the Form or any other documentation including the designation of other individuals to make contributions and withdrawals on behalf of the governmental entity.

Section 4. To end the delegation upon the written notice of the governing body, by any method set forth in the prospectus, that the authorized individual has been terminated or that his or her delegation has been revoked. The Office of the State Treasurer will rely solely on the governing body to provide notice of such revocation and is entitled to rely on the authorized individual's instructions until such time as said notice has been provided.

Section 5. To keep the Form, as incorporated into this resolution or hereafter amended by delegated authority, or any other documentation signed or otherwise approved by the authorized individual, in effect after revocation of the authorized individual's delegated authority, except to the extent that the authorized individual whose delegation has been terminated shall not be permitted to make further withdrawals or contributions to the LGIP on behalf of the governmental entity. No amendments, changes, or alterations shall be made to the Form or any other documentation until the entity passes a new resolution naming a new authorized individual; and

Section 6. To acknowledge that the Town Council has received, read, and understood the prospectus as provided by the Office of the State Treasurer. In addition, the governing body agrees that a copy of the prospectus will be provided to any person delegated or otherwise authorized to make contributions or withdrawals into or out of the LGIP and that said individuals will be required to read the prospectus prior to making any withdrawals or contributions or any further withdrawals or contributions if authorizations are already in place.

PASSED this 16th day of April 2018 by the Town Council of the Town of Woodway.

TOWN OF WOODWAY

Carla A. Nichols, Mayor ATTEST:

Heidi K. S. Napolitino, Clerk-Treasurer

Resolution 18-399 1 4/1 6/2018 2

LOCAL GOVERNMENT INVESTMENT POOL

TRANSACTION AUTHORIZATION FORM

Please fill out this form completely, including any existing information, as this form will replace the previous form.

Name of Entity: Town of Woodway Mailing Address: 23920 113th Place West Woodway, WA 980220 Fax Number: 206 546 9453

E-mail Contact: [email protected]

Do you wish to have your monthly LGIP statements faxed to the number listed above?

Please note — if you choose to receive statements via fax, you will not receive another copy via U.S. mail.

Ti YES, please fax statements 0 No, please send statements via U.S. mail

Bank account where funds will be wired when a withdrawal is requested. (Note: Funds will not be transferred to any account other than that listed).

Bank Name: U.S. Bank

Branch Location: Edmonds

Bank Routing Number: 541210032

Account Number:

Account Name: Town of Woodway

Persons authorized to make deposits and withdrawals for the entity listed above.

Name Title Signature Telephone Number

Heidi K. S. Napolitino Clerk-Treasurer 206 542 4443

Eric Faison Town Administrator 206 542 4443

Carla Nichols Mayor 206 542 4443

By signature below, I certify I am authorized to represent the institution/agency for the purpose of this transaction. Clerk Treasurer April 16, 2018

(Authorized Signature) (Title) (Date) Heidi K. S. Napolitino [email protected] 206 542 4443

(Print Authorized Signature) (E-mail Address) (Telephone number)

Any changes to these instructions must be submitted in writing to the Office of the State Treasurer. Please mail this form to the address listed below:

OFFICE OF THE STATE TREASURER LOCAL GOVERNMENT INVESTMENT POOL PO Box 40200 OLYMPIA, WA 98504-0200 FAX: (360) 902-9044

Date Received: / / Fund Number:

(for LGIP use only)

State of Washington ) County of ) ss.

Signed or attested before me by Dated this day of 20_.

Signature of Notary SEAL OR STAMP

Typed or printed name of Notary Notary Public in and for the State of Wash. My appointment expires:

TOWN OF WOODWAY COUNCIL MEETING AGENDA 23920 113th ...

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