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2007.06.12 CC Committee Meetings Agenda PacketAGENDA Council Committee Meetings Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds June 12, 2007 6:00 p.m. The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in the following rooms: Community Services/Development Services (Council Chambers), Finance (Jury Room), Public Safety (Police Training Room) 1. Community Services/Development Services Committee A. AM-1032 Review Draft City of Edmonds Commute Trip Reduction Plan (20 Min) B. AM-1031 Tobacco Free Parks Discussion (10 Min) 2• Finance Committee A. AM-1033 Authorization to Establish Part -Time Domestic Violence Coordinator Position (10 Min) B. AM-1019 Domestic Violence Coordinator Interlocal Agreement with the City of Mill Creek (10 Min) C. AM-1027 Purchasing Agreement for Office Supplies and Equipment (10 Min) D. AM-1022 Interfund Loan Ordinance (5 Min) E. AM-1018 Surplus Assets (10 Min) F. AM-1030 Back -Up Server Acquisition of $38,000 (10 Min) G. Broadband Project i. AM-1028 Broadband Business Case Contract (5 Min) ii. AM-1026 Fiber Optic Equipment Acquisition (15 Min) 3• Public Safety Committee A. AM-1023 Substitute House Bill 1756 Annual Compliance Report (20 Min) B. AM-1010 2007-2008 Fire Department Work Plan Update #1 (15 Min) C. AM-1015 Interlocal Agreement Establishing Snohomish Regional Drug Task Force, Fiscal Year 2007-2008 (5 Min) Packet Page 1 of 174 Packet Page 2 of 174 AM-1032 Commute Trip Reduction Plan Council Committee Meetings Date: 06/12/2007 Submitted By: Duane Bowman, Development Services Department: Development Services Committee: Community/Development Services Information Subject Title Review Draft City of Edmonds Commute Trip Reduction Plan Recommendation from Mayor and Staff Recommend review for full City Council on June 19, 2007. Time: 20 Minutes Type: Action LA. Previous Council Action The City adopted its first commute trip reduction (CTR) ordinance in 1993 under Ordinance 2913 and amended the ordinance in 1999 under Ordinance 3242. Narrative In 2006, the Washington State Legislature passed the Commute Trip Reduction Efficiency Act which amended the CTR requirements for local governments in counties experiencing the greatest automobile -related pollution and traffic congestion. The purpose for the amendments was to require the local governments to develop and implement plans to reduce single occupancy vehicle trips. Each city received a small amount of dollars from the state to do this update. All the cities in Snohomish County pooled their dollars together and are having the County do a boiler plate CTR plan that each jurisdiction can use. These CTR plans have to be approved by the local government and submitted to the Puget Sound Regional Council and eventually by next year be adopted by ordinance. The draft plan (Exhibit 1) focuses on reducing drive alone trips and vehicle miles traveled (VMT) among employees who work for major employers. In Edmonds there are three employers who are considered major employers (Stevens Hospital, City of Edmonds and Edmonds Family Medical Clinic). The plan has set a goal of reducing drive alone trips by 10% and VMT by 13% for major employers by 2011. Staff has identified some minor edits needed in the draft plan which we hope to have taken care of by the meeting. Jonathan Dong, of Perteet Inc., will be in attendance to present the draft plan for Edmonds. Fiscal Impact Attachments Packet Page 3 of 174 Link: Exhibit 1 - DRAFT CTR Plan Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 06/07/2007 04:33 PM APRV 2 Mayor Gary Haakenson 06/07/2007 04:35 PM APRV 3 Final Approval Sandy Chase 06/07/2007 04:40 PM APRV Form Started By: Duane Started On: 06/07/2007 02:53 Bowman PM Final Approval Date: 06/07/2007 Packet Page 4 of 174 Draft City of Edmonds Commute Trip Reduction Plan March 2007 Packet Page 5 of 174 Table of Contents INTRODUCTION..............................................................................................................................1 I. BASELINE ASSESSMENT..........................................................................................................3 II. AND III. BASELINE AND GOALS FOR 2011...........................................................................10 IV. STRATEGIES FOR ACHIEVING GOALS AND TARGETS....................................................11 V. REQUIREMENTS FOR MAJOR EMPLOYERS.......................................................................14 VI. FINANCIAL PLAN...................................................................................................................17 VII. IMPLEMENTATION STRUCTURE.........................................................................................20 VIII. DOCUMENTATION OF CONSULTATION............................................................................ 22 List of Appendices Appendix A: City of Edmonds Vicinity Map of CTR Worksites Appendix B: City of Edmonds Comprehensive Plan Map Appendix C: City of Edmonds Zoning Map Appendix D: City of Edmonds Transit Services and Facilities Map Appendix E: City of Edmonds Non -Motorized Facilities Map Appendix F: Commute Trip Reduction Workshop Summary Appendix G: Summary of Policies that Support CTR City of Edmonds July 2007 Commute Trip Reduction Plan Packet Page 6 of 174 INTRODUCTION In 1993, the City of Edmonds adopted the Commute Trip Reduction Ordinance (EMC 17.95). The purpose of this ordinance was to comply with the Commute Trip Reduction Act (RCW 70.94.521) adopted by the Washington State Legislature in 1991. This law requires employers of 100 or more employees who arrive between 6 and 9 a,m. to develop and implement a program to encourage their employees to reduce vehicle miles traveled and single occupant vehicle trips. In 2006, the Washington State Legislature passed the Commute Trip Reduction Efficiency Act which amended the requirements for local governments in those counties experiencing the greatest automobile -related air pollution and traffic congestion to develop and implement plans to reduce single -occupant vehicle trips. This plan has been prepared in accordance with these revisions to RCW 70.94.521. The Commute Trip Reduction Plan is a collection of jurisdiction -adopted goals and policies, facility and service improvements and marketing strategies about how the jurisdiction will help make progress for reducing drive alone trips and vehicle miles traveled over the next four years. Building upon the success of the existing commute trip reduction program, the jurisdiction strives to meet the goals of the plan for the future by working in partnership and coordination with other agencies and employers. The CTR Plan focuses on reducing drive alone trips and vehicle miles traveled (VMT) among employees that work for major employers. The City has set a goal of reducing drive alone trips by 10% and VMT by 13% for all major employers by 2011. To achieve the goals, the City has identified the following set of strategies: • Follow the County's goal of encouraging employers to locate in city centers. • Improve system for notification and enforcement of CTR law. • Develop ETC training programs and guidelines. Amend Comprehensive Plan to include CTR Efficiency Act. Work with Community Transit to provide transit service to CTR-affected work sites. Increase number of vanpools at CTR-affected work sites. • Work with CTR-affected work sites to provide bicycling and walking amenities. Develop telework program. • Work with Flexcar to provide car sharing service. • Work with employers to allow employees to work alternative schedules. Provide guaranteed ride home program. Offer assistance to employers to implement programs. Increase management support for CTR program. Work with CTR-affected work sites to offer incentives. Develop parking cashout program. Develop programs for marketing and education of CTR. • Conduct transit fairs at CTR-affected work sites. • Increase networking opportunities among major employers. City of Edmonds 1 July 2007 Commute Trip Reduction Plan Packet Page 7 of 174 Current CTR-affected work sites include the following: Work Site Address Edmonds City Hall 250 5th Avenue N Stevens Hospital 21601 76th Avenue W Edmonds Family Medicine Clinic 7315 212th Street W This proposed Plan has been developed through extensive involvement by employers, transit agencies, organizations and individuals from throughout the jurisdiction who helped identify strategies and ways for successful achievement of the goals. This plan helps to support the achievement of the jurisdiction's vision and the goals of its comprehensive plan. City of Edmonds Commute Trip Reduction Plan Packet Page 8 of 174 July 2007 I. BASELINE ASSESSMENT Affected CTR Work Sites Under the CTR ordinance, there are three affected work sites in the City of Edmonds. Those work sites include the following: Work Site Address Edmonds City Hall 250 5th Avenue N Stevens Hospital 21601 76th Avenue W Edmonds Family Medicine Clinic 7315 212th Street W The attach map of the jurisdiction shows the locations of the CTR work sites (see Appendix A). Major Issues Regarding Land Use and Transportation Conditions Around CTR Work Sites City of Edmonds Commute Trip Reduction Plan Packet Page 9 of 174 July 2007 Edmonds City Hall - 250 5th Avenue N, Edmonds, WA Existing and planned land use conditions: Edmonds City Hall is located in Downtown Edmonds, where land uses include retail, office and residential development. This area is zoned as Community Business. No land use changes are planned for this area. The downtown area is proposed in the comprehensive plan as "Fountain Square" and as a downtown area with mixed commercial. Existing and planned transportation The work site is served by a number of excellent facilities: transportation facilities, including sidewalks, a street network, and access to transit and ferry services. Edmonds Way, a major arterial, and 5th Ave South, a secondary arterial both lead into the city hall area from the south. In addition, Main Street leads into the downtown area from Hwy 99. Non -motorized improvements are planned for NE Day Road, 5th Street and Main Street. There are plans to improve downtown parking as well. Existing and planned transit services and The site is served by a number of routes operated by facilities: Community Transit. Community Transit buses serve downtown Edmonds via two commuter routes and one local route. There is a Sounder Commuter rail station in downtown also. The Washington State Ferry system has a dock in Edmonds that serves Kingston. A transit center and park and ride lot is located nearby to the work site. In addition to transit services, Community Transit also offers vanpool and ride matching services. City hall is and will be in walking distance from the proposed new transit center at Edmonds Crossing. Existing parking conditions: Parking is free for employees and visitors and there are no apparent capacity constraints at this work site, City of Edmonds Commute Trip Reduction Plan July 2007 Packet Page 10 of 174 Edmonds City Hall Main Building. 5"' Avenue on street parking. 5`n Avenue. City of Edmonds Edmonds City Hall ID Number: E40386 Total Number of Employees: 207 Affected CTR Employees: 110 2011 Drive Alone Goal: 75% 2011 VMT/Employee Goal: 8 miles/day Services Available: Park and Ride Lot Parking: Recommended CTR Strategies: Routes: Free On -Site Vanpool services, telework program; carpool ram City of Edmonds Commute Trip Reduction Plan Packet Page 11 of 174 July 2007 Stevens Hospital - 21601 76th Avenue W and Edmonds Family Medicine Clinic - 7315 212th Street W Existing and planned land use conditions: These worksites are located in the SR 99 activity corridor and in an area zoned for Medical Use and surrounded by General Commercial and Multi -Family uses. The surrounding area includes medical offices, small businesses and auto -oriented uses. The Comprehensive Plan proposes the same uses; however, there are plans to create a hospital community and family retail center in the area of Stevens Hospital. In addition, there are plans to improve connectivity for pedestrians between SR-99 and the neighborhoods to the west. There are also plans to improve buffering between SR-99 and multi- family and mixed use neighborhoods and the single family neighborhoods. Existing and planned transportation The work sites are served by a well developed street facilities: network. SR 99 is located nearby, Sidewalks exist on major arterials. A bikeway route exists on SR 99. The hospital is two blocks from Hwy 99, bounded by 212th Street, 220th Street, 76th Ave West, and 66th Ave West. There are plans to improve non -motorized transportation facilities such as the Interurban Trail and to implement safety improvements on SR 99/ 76th Ave W. Existing and planned transit services and Community Transit operates a number of transit facilities: routes which serve the work sites. There is access via SR-99 to Sound Transit bus service also. In addition to transit services, Community Transit offers vanpool and ride matching services. The Edmonds park and ride lot is located near the work sites. The City has planned improvements for SR 99 which include widening the corridor to accommodate a transit lane. The city also plans to provide interconnected development, develop mixed use area served by transit and accessible to pedestrians, and improve pedestrian and bicyclist access. Existing parking conditions: Parking is free for employees and visitors and there are no apparent capacity constraints at this work site. City of Edmonds Commute Trip Reduction Plan Packet Page 12 of 174 July 2007 Stevens Hospital Main Building. 76`" Avenue. Bus Stop. Bus Stop. City of Edmonds Stevens Hospital ID Number: E40394 Total Number of Employees: 467 Affected CTR Employees: 250 2011 Drive Alone Goal: 69% 2011 VMT/Employee Goal: 8.3 miles/day Services Available: Park and Ride Lot Routes: 110, 404, 405, 406, 441, 810, 870, 871 Parking: Free On -Site Recommended CTR Strategies: Vanpool services, carpool program; transit subsidies City of Edmonds Commute Trip Reduction Plan July 2007 Packet Page 13 of 174 Edmonds Family Medicine Clinic Main Building. On street parking. Bus Stop. City of Edmonds Edmonds Family Medicine Clinic ID Number: E44218 Total Number of Employees: TBD Affected CTR Employees: TBD 2011 Drive Alone Goal: TBD 2011 VMT/Employee Goal: TBD Services Available: Park and Ride Lot Routes: 110, 130, 170 Parking: Free On -Site Recommended CTR Strategies: Vanpool services, transit subsidies, carpool ram City of Edmonds Commute Trip Reduction Plan Packet Page 14 of 174 July 2007 Supporting Comprehensive Plan Policies The most current version of the City of Edmonds Comprehensive Plan was adopted in December 2006. The most current version of the City of Edmonds Parks, Recreation and Open Space Comprehensive Plan was adopted in 2001. The most current version of the City of Edmonds Transportation Element was adopted in 2002. Key policies that support CTR include the City's goals for its Downtown Waterfront Activity Center. The plans to implement the Edmonds Crossing multimodal transportation center at Point Edwards which will provide convenient transportation connections for bus, ferry, rail, auto, pedestrians, and bicycle riders. The City's policies also support pedestrian -oriented streetscape environment for residential and commercial activity. It also encouraged mixed -use development patterns that provide a variety of commercial and residential opportunities, including both multi -family and small lot single family residences. The City's Transportation Plan includes Transportation Demand Management strategies. These strategies include offering transit service, carpool and vanpool ridematching services, walkways and bikeways, and high occupancy vehicle lanes. Supporting Transit Plan Policies Community Transit is currently updating its Transit Development Plan for 2007-2012. The Plan will include a discussion of regional growth, transportation demand, and the role of transit in maintaining concurrency (adequate capacity to serve demand). A key element of the plan will consist of maps identifying "transit emphasis corridors" where Community Transit supports a substantial future investment in public transit service and amenities. The goal in identifying all the corridors (both existing and future) is twofold, to help focus service planning and prioritization for Community Transit and to provide some surety of planning for road authorities and local jurisdictions. In many cases (SR-99, 164th Street SW, 1-5, etc), the corridors are already well -served by high - frequency transit service. Many CTR-affected work sites are located on these corridors. Other corridors, such as SR-9 or 128th Street SW, may have lower or no existing service, but are identified as critical transportation links with significant future transit demand. City of Edmonds 9 July 2007 Commute Trip Reduction Plan Packet Page 15 of 174 II. and III. BASELINE AND GOALS FOR 2011 2005 SOV 2011 SOV 2011 Employer Rate Target Rate 2005 VMT Target VMT City of Edmonds Stevens Hospital Edmonds Family Medical City of Edmonds 10 July 2007 Commute Trip Reduction Plan Packet Page 16 of 174 IV. STRATEGIES FOR ACHIEVING GOALS AND TARGETS Potential Actions for the Jurisdiction to Eliminate Barriers Transit: Community Transit is planning for Bus -Rapid Transit along Highway 99. This bus service could potentially help reduce commute trips at Edmonds Family Medicine Clinic and Stevens Hospital. Community transit plans to add more bus shelters and replace Metro Rt, 317 service between Edmonds and Aurora Village transit center. Parking: To increase the percentage of commuters using transit, vanpool, carpool and non - motorized forms of transportation, the City could work with Edmonds Family Medicine Clinic and Stevens Hospital to implement a parking management program. This may include implementing parking charges and restricting parking. Local Networking Opportunities: To increase opportunities for ridesharing and creating partnerships between employers, the jurisdiction can create local networking opportunities. Local networking with other CTR-affected employers will provide opportunities to discuss CTR and transportation issues, conduct joint promotions, and offer coordinated programs that can benefit their employees. Recommended Strategies for the Jurisdiction to Eliminate Barriers The following strategies are planned that will help the CTR-affected work sites make progress towards their 2011 goal. These strategies will be performed in coordination with other Snohomish County cities, Community Transit, Everett Transit and other partners. City of Edmonds 11 July 2007 Commute Trip Reduction Plan Packet Page 17 of 174 Employer Transportation Coordinators (ETCs) are essential for a successful CTR program. Their job duties should include coordination of annual fairs, conducting promotions, distributing information, notifying jurisdictions about program changes, and reporting employee numbers. Guidelines and training should be provided to ETCs to assist them ETC Training and Guidelines with their duties. Amend Comprehensive Plan to Jurisdictions will amend their comprehensive plans include language about the CTR by adding a policy that refers to the CTR Efficiency Efficiency Act Act and the new goals. Services and Facilities Community Transit will continue to provide transit services to CTR work sites, where service is Transit Services currently available. Community Transit will target adding 25 new vans Vanpool Services in 2008. The jurisdiction will work with major employers to provide amenities such as bike lockers, access to shower facilities and changing facilities to increase Bicycling and Walking Amenities usage of non -motorized transportation. The jurisdiction will work to create a Telework education program that would educate employers on how to implement telework at their work site. The program includes education on human Telework Program resource policies and IT assistance. This jurisdiction could work with Flexcar to provide Car Sharing Service a car sharing service near CTR sites. The jurisdiction will work with employers to encourage them to offer alternative and flexible Alternative and Flexible Schedules work schedules for their employees. City of Edmonds 12 July 2007 Commute Trip Reduction Plan Packet Page 18 of 174 Services • • Program will provide a limited number of rides to non -drive alone participants from their work site to Guaranteed Ride Home their home in the case of an emergency, The jurisdiction will work with Community Transit to provide assistance to affected employers to help them meet the requirements of the CTR Employer Assistance Efficiency ACT and implement their programs. Marketing • Incentives The jurisdiction will work with CEOS to educate them about the benefits of CTR to their Management Support organizations. Offer subsidy programs to encourage employees to shift to non -drive alone commute modes. Examples would include six -months of free Subsidies vanpool participation; transit pass subsidies; etc, Instead of providing free parking to their employees, employers would be encouraged to allow their employees to cash out on their parking Parking Cashout if they choose to not use their parking space. This program would expand education efforts to CTR employees about alternative commuting. Program could include workshops, information Marketing and Education brochures, and advertising. Work with major employers to conduct on site promotions and transportation fairs to increase Transportation Fairs awareness of commute alternatives. The jurisdiction will work with the major employers to create networking opportunities for them to discuss CTR issues, coordinate ridesharing Networking Opportunities programs, and conduct joint promotional efforts. City of Edmonds 13 July 2007 Commute Trip Reduction Plan Packet Page 19 of 174 V. REQUIREMENTS FOR MAJOR EMPLOYERS Employers that are affected by the CTR Law will be required to implement the following program elements: Element DescriptionRequired The Employee Transportation Coordinator is the point of contact Designate Employee between the employer and its workforce to implement, promote and Transportation administer the organization's CTR program. He/she is also the point of Coordinator contact between the employer and the local jurisdiction to track the employer's progress in meeting CTR requirements Affected employers will be responsible for providing adequate training for the ETC, allow the ETC to attend networking meetings, and provide ETCs with the necessary time to administer the program. Information about commute alternatives will be distributed at least Regular Distribution of twice a year to employees. Examples of information that will be Information to distributed will include: Employees • Description of the employer's commute options program • Transit system maps and schedules • Vanpool rider alerts • Weekly traffic alerts • Wheel Options campaign promotional materials Regular Review of The employer is required to complete the Employer Report and Employee of Program Description Form and submit to the local jurisdiction. Every Commuting and two years, the employer shall conduct a program evaluation to Reporting of Progress determine worksite progress toward meeting the CTR goals. As part of the program evaluation, the employer shall distribute and collect Commute Trip Reduction Program Employee Questionnaires (surveys) to achieve at least a 70 percent response rate. Implementation of a Set The employer is required to implement a set of measures that are of Measures designed to increase the percentage of employees using some or all of the following modes: • Transit • Vanpool • Carpool • Bicycle or walking • Telework • Other non -single occupant vehicle modes City of Edmonds 14 July 2007 Commute Trip Reduction Plan Packet Page 20 of 174 Measures to reduce drive alone trips and vehicle miles traveled include, but are not limited to: • Provision of preferential parking or reduced parking charges for high occupancy vehicles • Instituting or increasing parking charges for single - occupant vehicles • Provision of commuter ride matching services • Provision of subsidies for transit fares • Provisions of vans for vanpoois • Provisions of subsidies for carpooling or vanpooling • Permitting the use of the employer's vehicles for carpooling or vanpooling • Permitting flexible work schedules • Cooperation with transportation providers to provide additional regular or express service to the worksite • Construction of special loading and unloading facilities for transit, carpool, and vanpool users • Provision of bicycle parking facilities, lockers, changing areas, and showers • Provision of a program for parking incentives such as a rebate for employees who do not use the parking facility • Establishment of a program to permit employees to work part or full time at home or at an alternative worksite closer to their homes • Establishment of a program of alternative work schedules such as compressed work week schedules Implementation of other measures designed to facilitate the use of high -occupancy vehicles such as on -site day care facilities and emergency taxi services Employers or owners of worksites may form or utilize an existing transportation management association or other transportation -related associations by RCS 35.87A.010 to assist members in developing and implementing commute trip reduction programs City of Edmonds 15 July 2007 Commute Trip Reduction Plan Packet Page 21 of 174 • Description A•• ETC Training ETCs shall be required to attend an ETC training session, Training sessions may include marketing CTR programs to employees, trip planning, and ride matching services. Employer Notification Employers shall be required to notify the City when there are proposed changes to their CTR program, changes in ETC, and/or changes in number of employees at the work site. ETC Networking At least once per year, ETCs shall be required to attend networking opportunities with other ETCs to discuss CTR issues, ridesharing coordination, joint promotions, etc. City of Edmonds 16 July 2007 Commute Trip Reduction Plan Packet Page 22 of 174 VI. FINANCIAL PLAN The City of Edmonds has entered into an inter -local agreement to work with other Snohomish County Cities to implement the CTR program. The following financial plan has been jointly prepared for the cities of Arlington, Monroe, Marysville, Lynnwood, Bothell, Mountlake Terrace, Mukilteo, Unincorporated Snohomish County and Edmonds. Funding Sources -71 Source of Responsible Estimated Estimated Estimated Estimated Funding Agency Amount for 2008 Amount for 2009 Amount for Amount for 2010 2011 $1 off Community Transit Agency Transit Expenses ResponsibleExpense Party Annual Annual Estimated Annual Annual Prepare local CTR The City In -kind In -kind In -kind In -kind plan and ordinance Employer Community Transit $10,000 $10,000 $10,000 $10,000 Notification Administer CTR Community Transit program (contract management, annual reporting, $ 60,000 $ 60,000 $ 60,000 $ 60,000 program review, surveys, coordination meetings) Promotions and Community Transit $ 125,000 $125,000 $125,000 $ 125,000 Marketing Guaranteed Ride Community Transit $18,000 $18,000 $18,000 $18,000 Home Program City of Edmonds 17 Commute Trip Reduction Plan Packet Page 23 of 174 July 2007 Implement Community Transit $ supporting transit $ 1,293,000 $1,293,000 $1,293,000 1,293,000 services Implement Community Transit, supporting vanpool City $ 790,000 $ 790,000 $ 790,000 $ 790,000 services Bike to Work Community Transit $20,000 $20,000 $20,000 $20,000 Campaign Offer program City, Community $ 46,000 $ 46,000 $ 46,000 $ 46,000 incentives Transit, Employer Car sharing Flexcar, Employer $ TBD $ TBD $ TBD $ TBD services Prepare updates to City comprehensive In -kind In -kind In -kind In -kind plans Financial Gaps or Target Market What Strategy Financial Gap PotentialService Will Accomplish Funding SourceStrategy Develop CEOS, program Increase Management managers management Support support for CTR CMAQ grants, program by giving STP grants, employer $ 50,000 Jurisdictions, recognition and Employers describing benefits of program to CEOs ETC Training and ETCs Training specifically Guidelines tailored to ETCs to $ 50,000 CMAQ grants, help improve their Transit Agencies job performance. Transit, vanpool Commuters at Subsidies to and carpool CTR-affected encourage CMAQ grants, subsidies work sites commuters to shift $ 500,000 Employer Trip to transit, vanpool Reduction and carpools Performance Grant City of Edmonds 18 July 2007 Commute Trip Reduction Plan Packet Page 24 of 174 Service or i 'Market What StrategyFinancial Gap Potential Strategy Will Accomplish• • Source Parking Cash -Out CEOs Education program to teach CEOs CMAQ grants. about benefits of Employer Trip parking cash out $ 50,000 Reduction and how to Performance administer Grants program. Bicycling and Commuters Provide bike Walking Amenities lockers, showers, CMAQ grants, and amenities to Jurisdictions, make bicycling and $25,000 Employer Trip walking more Reduction attractive to Performance commuters. Grants Telework CEOs, Develop training Education Commuters program on how to CMAQ grants, develop telework private grants, program. $50,000 Employer Trip Reduction Performance Grants City of Edmonds 19 Commute Trip Reduction Plan Packet Page 25 of 174 July 2007 VII. IMPLEMENTATION STRUCTURE The City of Edmonds plans to work in partnership with Community Transit and its affected work sites to implement the CTR program. Community Transit will be under contract by the City to perform various services to assist affected employers implement their CTR programs. Organization.. City of Edmonds Local jurisdictions will be responsible for developing and implementing their local CTR plans. They are responsible for ensuring that CTR plans are consistent with their local comprehensive plans. As part of their CTR plans, local jurisdictions will set the goals and targets for the affected employers. For CTR program administration, local jurisdictions will work with Community Transit to ensure that affected employers are in compliance with the CTR law. The City will contract with Community Transit for employer outreach, program review and annual reporting of employer progress Community Transit Under contract with the City, Community Transit will be responsible for employer outreach, program review, and administering the employer survey process. Major Employers Employers that are affected under the CTR law are responsible for notifying the City when they are affected. Employers are responsible for implementing their CTR program requirements, including information distribution, designating an ETC, submitting program reports, and implementing program elements. CTR Program Activities Program Strategy or Service Agency Responsible Scheduled Date for Implementation Policies and Regulations Update Comprehensive Plan City of Edmonds 2008 CTR Program Enforcement City of Edmonds 2008 Services and Facilities Transit Services Community Transit On -going Vanpool Services Community Transit On -going Ridematching services Community Transit On -going City of Edmonds 20 July 2007 Commute Trip Reduction Plan Packet Page 26 of 174 City of Edmonds Commute Trip Reduction Plan Packet Page 27 of 174 July 2007 VIII. DOCUMENTATION OF CONSULTATION The City of Edmonds' CTR Plan was developed in consultation with the following organizations: • Snohomish County • City of Mukilteo • City of Lynnwood • City of Arlington • City of Monroe • City of Everett • City of Bothell • City of Mountlake Terrace • City of Edmonds • Community Transit The dates of the consultations with these jurisdictions occurred on: • May 4, 2006 August 9, 2006 • October 25, 2006 November 29, 2006 February 14, 2007 • March 23, 2007 During these consultations, the following issues were discussed the goals of the CTR Plan: CTR strategies, a financing plan, an implementation plan, and coordination of CTR services. In addition, meetings were held with representatives of the Puget Sound Regional Council to discuss the same issues on May 4, 2006, October 25, 2006, and November 29, 2006. On January 23, 2007 and January 30, 2007, CTR Employer Workshops were held for all Snohomish County jurisdictions. The first event was held in Everett and the second event was held in Bothell, During these workshops, employer requirements to comply with the CTR law and CTR strategies were discussed. On January 30, 2007, a meeting was held with Transportation Choices Coalition, a local interest group, to discuss CTR strategies as well. On February 7, 2007, a meeting with the Snohomish County Public Health Department was held to discuss joint grant opportunities. City of Edmonds 22 July 2007 Commute Trip Reduction Plan Packet Page 28 of 174 APPENDICES Packet Page 29 of 174 Appendix A CITY OF EDMONDS VICINITY CTR WORKSITE PLANS Packet Page 30 of 174 148TH ST Legend 'gin 168TH ST Sl - Existing Freeway Oq�� Existing Principal _ - Fyn yR O - Existing Minor Existing Collector -- f 176THSTSW Recommended Principal // / 04 180TH ST SW Recommended Minor Recommended Collector A Active CTR Worksites w Q Q 188TH. ST o SW uj. W. z. = N PUGET H 196TH:STSW CAS"ERS Si Z m W. 200TH ST SW Q o 3 = f 0 City o Edmonds a 204TH ST SW MAIN ST � � ��/ ^ o � 'a 2F Edmond Family Me icine Cli�cBTHsrsw 2 TH ST SW +, ¢ N W Q F Bowo Al S eve s Hospital Z N \ � 3 220TH ST S W; •� FQ W J W =. a = ¢ o. w > 226TH PL SW 3;5; _ I" o /y 1-� �1 228THSTSw 228TH ST.S v: 228TH ST SW 0 .S ryST SW 0o mQ o 236TH S SW Z = � �238TH ST SW q - W 92- 1 m � SR 104 " -- --T=-------.---- - 244TH ST S -- - - LAKE BALLINGER WAY ; - _. _ 244TH ST SW City of Edmonds I Edmonds and Vicinity CTR Worksites Pertept 0 2,000 4,000 February 21, 2007 Feet Figure A Packet Page 31 of 174 Appendix B CITY OF EDMONDS COMPREHENSIVE PLAN Packet Page 32 of 174 City of Edmonds RN, Edmonds and Vicinity CTR Worksites Comprehensive Plan Pertetrt Source Map date: March 15, 2005 February 20, 2007 Figure B Packet Page 33 of 174 Appendix C CITY OF EDMONDS ZONING MAP Packet Page 34 of 174 v rnNr City of Edmonds Zoning Map _771 MZ� fr; WAV ._ illy UL c Jz r6w Ed ^s FamClinic .. M o- 1,I€ evj spital iL City of Edmonds Edmonds and Vicinity CTR Worksites (((( 2006 Zoning Map Source Map date: January 12, 2006 February 20, 2007 Figure C Packet Page 35 of 174 Appendix D CITY OF EDMONDS TRANSIT SERVICES AND FACILITIES Packet Page 36 of 174 115 670 4T6 ate. '1�'s^'..•- v � '�. City ofdmonds �- : Ed _ones Family Medicin inic {�y{ �5 ns Hospital '2 0 �+`•'s-M sa+ {{mot e7, i 19 0 7 N 7 ' 90885 190 •.tea �+�ka�� - City of Edmonds Edmonds and Vicinity CTR Worksites Transit Routes, Stops and Pert Pt 0 2,000 4,000 Park and Ride Facilities February 21, 2007 Feet Figure D Packet Page 37 of 174 Appendix E CITY OF EDMONDS NON -MOTORIZED FACILITIES Packet Page 38 of 174 Legend 2 Corresponds to Route # <_ in the Bikevvoy inventory (See Appeodix D, Section W) Bikeway Route h, Bikeway Route bikeway Route g Colors ditterentiote bike routes — 23 % ,., 21: ? ------ Off Bikeway road zo 29 1 s:24 _ '16. J y9 City of V_ imond. 3 10-- zoein sr sva w.iL _5. a.oYnoM1wE ds F mily Mel in Clinic 8 - 12 15, zzan v 19 c� teVCItS 250 spital z,c,,, srsvr 13 's nsrs� y 921— = - - 26. 5.m 17 - ",1�'�:?1 '', y 7 LAKE VIEW n9 �IOF EDO� Existing Bikeway Network U� R' !i Source: Snohomish County GIS Center & BWR Corp. - - hi, nmp Is imm�dcd ror plannL,_ pwposcs onk and in not S g, d,<,si,o,,, ,,�tcne,,r „ems. while r h,.hr,'� September2002 tnkcn w ciuurc the a-,'cv or the inl'om,alion sho m thin �,agc, the Cily of I:dn,onde aysume. no r.f,emcihilit; for crrnrrc or INC.1S9� r,�„��,���,.��,ntn,ayier,„� d. Figure 7 City of Edmonds Edmonds and Vicinity CTR Worksites Bicycle Facilities Perteet (September 2002) February 20, 2007 Figure E1 Packet Page 39 of 174 Legend EXISTING Sidewalk on One side of Road Al � a �. Sidewalk on Both sides of Road g € PROPOSED Sidewalk on One side of Road Sidewalk on Both sides of Road r ^UNPAVED WALKWAY WN" QQ ems. Y whey a a C.,J - "s'•Ex-µ 3.—. .ram IOEIn$T f ' of tlm8ndg hp9 - t �'G7- !1 f C1E, � € t E�ifnc nds Famrlyfd clne'linic ' f [ ve s Hspital mkt w F � i ¢Am i• _ 3¢ � qT`5� � �� LAKE VIE4i DR -7— Al _i n ``tpF ED/y0zy� City of Edmonds Walkway Inventory 2002 v� s a Source: City of Edmonds p rs Imcn Vp puTnmv on , I'his ma - i dcd for l:-;q Ir and ie nM S ,�.,r 1. e m shoo , un,o men$urclneln$. whao c:vo hs been September 2002 ro ensure the acamcy o(the inWmmtion h r v on this pa —a,"• I „(edinona$-.,n»".$nore$pon,niii,yn,rer"�r>„r Figure 6 ANC. 1890 on,issn,n$ a,�l m:n• be r,�na. City of Edmonds Edmonds and Vicinity CTR Worksites Pedestrian Facilities (September 2002) February 20, 2007 Figure E2 Packet Page 40 of 174 fTY OF EWWONDS BIKEWAY A N 00 I I F(,'FNI) Bikeway to be Signed (2000-2003) - x- Bikeway to 6e Signed (2004.2006) � --. Bikeway- Adjacent Municipality .......„„„ Large Bikeway Projects y. moo Lower Rated Routes � Public Facilities/ Schools Route Identifier O Existing Bicycle Parking Ci (D Proposed Bicycle Parking O_ SCALE: 1 INCH= 100D FEET inic City of Edmonds �t Edmonds and Vicinity CTR Worksites Bikeway Plan Perteet (Comp Plan 2000) February 20, 2007 Figure E3 Packet Page 41 of 174 Appendix F COMMUTE TRIP REDUCTION WORKSHOP SUMMARY Packet Page 42 of 174 Meeting Minutes — North County Employer Workshop Everett Transit Center January 23, 2007 What are the benefits of the CTR program to your company? • Happier employees • Closer parking for employees if they participate • Retaining employees • Good options for employee commuting • Reduced parking costs What is working well? • Employees like the incentives • Free jeans day • Materials i.e. Wheel Options • CTR helps to hire and retain people What is not working well? • Bus service is not conducive (bus subsidies don't work well) • Night shift is a problem • No rapid transit • Can't get to the work site by bus What are some suggestions to improve the program? • Offer $50/month for 6 months for vanpool riders • Offer a one month free bus pass • Offer a commuter club program • Implement a tax that can be used for CTR What are some ideas for Canyon Park? • Improve sidewalks for pedestrian safety • Offer more frequent bus service • Encourage residents to walk to work • Focus on increasing carpools and telework What tools would ETCS find helpful? • Coordination with other companies • Vanpool lists • Brown bag lunches to coordinate rides • Training for rideshare on-line • More educational materials • Need web site to show span of bus service • Need list of vanpools serving Bothell area Packet Page 43 of 174 Suggestions? Re -write the CTR Ordinance(10% reduction in 4 years) What are the benefits of CTR program at your workplace? • More parking • Many carpools — commuters from farther distance • Different workshifts — carpools as opposed to transit • Vanpool — co-workers become friends • Save time and money • Depends on how big the organization is • Honor employees who participate — newsletter, carpool parking (consideration to employee needs and what they feel they are losing by not driving alone) • Need community awareness (outside company) — more marketing • Internal matching system (online) How do you get management support regarding incentives? • Quarterly drawings for MC gift cards • "Carpooler of the Quarter" closer to the door • Inter -county competition (you don't want to be the employer who offers the lowest) • Paid parking • CT ($45 for any mode) How do you sell it to management? • Employee attendance • Show them studies • It's a benefit — as bargaining • Cost/benefit analysis report due to budget planning • RCW incentives and requirements • Recruitment benefit — employee satisfaction • Potential tax (pre-tax commuter benefits) • Show what other companies are doing How would you use the money? • Subsidies and prizes • Once started, employers will want to keep program • County should provide the information • Monthly drawings/quarterly drawings o Put it in a newsletter o �$100 a year— big impact • Referral program and incentives • Subsidies to help recruit in a tight job market • *Need more information for management Packet Page 44 of 174 o Build a case in how CTR is beneficial to sell program to management What are the challenges and difficulties? • Subsidizing transit (Arlington — from Mt. Vernon, from Everett) for more routes o When do companies have a shift change • Everett Transit — start shift at 5:30 am and 1 mile away from bus stop, but no service available that early • Walkers/bicyclists — during promotions want to go to lunch at home • Manufacturing — very early and later in the afternoon — transit and up north • Have CTR in the HR department but many HR departments do not have time (for example: in the City) • Management support in allowing time for ETC's to be able to do their job o State support grants o *letters from state and jurisdiction to president of company or other management o Offer incentives to companies that meet goals or benchmarks • CTR coordinators be kept continually informed o Regular meetings that draw in managers • *Charts and graphics that show CTR benefits to their company (i.e., increase in commuters from year to year) that ETC's can fill in and show their management • Get managers aware of program - engage them • Have jurisdiction go to: o Chamber of commerce meetings o Make personal appearance to CEOs o Not get them with a letter o Go to City Council meetings • Awareness of TRPP grants and application process • Need new ideas to increase participation o Communication exchange o Newsletter for all ETC's o Annual reports • Are gatherings helpful? Yes, but little time o CT plans network meetings every other month on specific topics ■ Hospitals ■ Manufacturing • Neighboring employers also o Vanpools • *List ETCs in an area o Send to ETCs and put them in contact with each other • Meetings — carpool to workshops to generate further discussion Packet Page 45 of 174 Meeting Minutes — South County Employer Workshop Bothell Seattle Times Building Bothell Employers January 30, 2007 What is the primary form of transit (non-SOV travel) used by employees in your organization? • Carpool • Vanpool • Transit • Bike, walk What are some suggestions from Bothell Employers to CT? • Distribute a list of vanpools from CT that includes the list of stops by neighborhood and city. • Provide training for http:l/www.rideshareonline,com/ • Provide monthly reoccurring training so that if you can't make it you know that it will be offered again soon. • Provide a web blog for ETCs, like the free http://www.blogger.com/start • Melina needs help finding out how to set up carpooling and vanpooling. • Need a more user friendly and local based site than http://www.rideshareonline.com/ • Try to coordinate ETCs from the same office park so they can coordinate carpools and vanpools together. • Share ETC information between ETCs regionally • A proposed shuttle from the CP P&R to Canyon Park sparked interested with some of the employers • Try to use principles of Redmond's R-Trip Program • Have brownbag lunches for training and information sharing • Need better coordination between CT and ST • Training on how to implement telework (costs, technology needs, etc) What are some ideas from CT to Employers? • Have people who are HOV, register with you so that they are guaranteed a ride home through the CT program. • CT can create a zip -code map of where employees live to help employers organize vanpools and carpools. • ETCs should email employees to ask who is interested in carpooling or vanpooling and send the names and addresses to CT, who will find carpools and vanpool for the employees. What are the things that work for employers? • SNC provides a list of bus routes, schedules, and maps on their intranet for employees • Need a contact person for new employees to distribute information and help them find an HOV route to work Packet Page 46 of 174 • Use non -monetary incentives for people to participate in the program such as offering an additional "casual dress day" at work. • Create company -specific CTR marketing materials that combine information from CT and specific company promotions. • Extend bike to work month throughout the summer and provide company prize or incentives for winning rider or team. • Provide an initial incentive for trying non-SOV modes of transportation, but possibly not a long-term incentive. Examples include $50/mo subsidy for first 6 months of vanpooling or 1 free monthly bus pass. What are the problems for employers? • About 2/3 of the employers have a second and/or third shift. • There are not many restaurants or other services in the office parks, so people feel they have to drive to get lunch and run errands. • Bus service to Canyon Park is not frequent enough and there isn't a good connection from the park and ride to employer sites. What is the benefit of the CTR program for Employers? • CTR is an incentive • Makes employees happier if they aren't stuck in traffic • Retains employees if they have a good commute What types of things would employers like to see in the GTEC? • Sidewalks or bike lanes for bikes and pedestrians. • More frequent bus service from Canyon Park to North Creek and Downtown • Subsidies for employees using GTEC money or other grant money What are some of the benefits and incentives? • TetraTech Flexpass provided by employer. Contract between County and Company • Limited parking • $2 per day (or $40 per month) for using alternative modes of transportation which has to be filled out daily • $50 voucher — better than $2 per day • Comcast tried a pilot program of 12 people to work from home and they loved it. Lisa Fiser's company is also thinking of trying this too • Monroe working on walk/bike program What are some of the challenges? • Record keeping. Hard to collect data requested by agencies to track CTR. People don't respond to emails, etc. People are guessing and then when ETC's change, guesses change — then looks like program is failing. • Require people to turn in form to manager if turning it in within 5 days then eligible for a drawing. Then follow up and pick up remaining forms from people who didn't turn them in. • Email will work better from some or an on-line survey. Packet Page 47 of 174 What are some of the other issues? There is an online survey offered by CT that goes straight to WSDOT. Need a little training for ETCs to use this. How can local jurisdictions and CT help you meet your 10% red goal in next 4 years (ordinances, etc.)? • Added services — transit. • Comcast interested in putting in a cafeteria so employees don't have to dive at lunch to other side of highway to get lunch. Any incentives? • Schedule transit fair — CT will come and help plan trips and talk to people about options. • Mandatory ETC training to get updates on new codes, annual reporting / increased reporting requirements. • Best Practices Quarterly Email Newsletter by CT — networking opportunities. Packet Page 48 of 174 Snohomish County Commute Trip Reduction Employer Workshop Attendance List ETC Worksite Jurisdiction Bothell 1/30 Everett 1123 Barbara White Cascade Valley Hospital Arlington 1 Yvonne Page City of Arlington Arlington 1 Kristin Banfield City of Arlington Arlington 1 Jennifer Petler Cascade Valley Hospital Arlington 1 Rhonda Rinn DSHS - Smokey Point Arlington 1 Mike Burrow Meridian Yachts Arlington 1 Marsha Larson Alside Windows Company Northwest County 1 Stephen Cross Alside Windows Company Northwest County 1 Kristi McEnerney Bingo King Company County 1 Kimberly Alridge Comcast Cable - Everett County 1 Dena Searcy Comcast Cable - Everett County 1 Rachel Pascual Eldec Corporation County 1 Jill Grant Goodrich Aviation Technical Services County 1 Sue Nelson Reid Middleton County 1 Kemberly Espiet U.S. Navy - Family Support Complex County 1 Don Sims City of Edmonds Edmonds 1 Linda Martin Edmonds Family Medicine Clinic Edmonds 1 Sandy Brown Stevens Hospital Edmonds 1 Tracy Sloan City of Lynnwood Lynnwood 1 Judy Boston DSHS - Lynnwood Lynnwood 1 DeEtte Elder Edmonds Community College Lynnwood 1 Diane Worthington Edmonds Community College Lynnwood 1 Janice Heighway Edmonds School District Lynnwood 1 Shelly Devereaux Harris Ford Lynnwood 1 Donna Brunckhorst Verizon Lynnwood 1 Scott Sloan Verizon Lynnwood 1 Chris Holland City of Marysville Marysville 1 Lecia Dean C & D Zodiac Marysville 1 Shelley Carpenter City of Monroe Monroe 1 Kate Calloway-Tourtellot City of Monroe Monroe 1 Judy Moore MCC - WSRU Monroe 1 Diane McDonald Valley General Hospital Monroe 1 Leslie Choate City of Mountlake Terrace Mtlk. Terr. AI sia Madsen Mila Financial - Mountlake Terrace Mtlk. Terr. 1 Holly Taylor Mila Financial - Mountlake Terrace Mtlk. Terr. 1 Celia Taladoc Premera Blue Cross I Mtlk. Terr. 1 Packet Page 49 of 174 ETC Worksite Jurisdiction Bothell 1 /30 Everett 1 /23 Jerry Travis Industries Inc. Mukilteo 1 Danielle Campbell Travis Industries Inc. Mukilteo 1 Patty Burnett ADP Bothell 1 Nikki Meagher ADP Bothell 1 John Barker ADP COS Bothell 1 April Uskoski Allstate Insurance Bothell 1 Jan Law Amgen Bothell 1 Paul Godwin AMS Bothell 1 Clndi Gyselinck AT&T Bothell 1 Lynda Quinn City of Bothell Bothell 1 Lisa Pritchard Fisery Health Bothell 1 Rich Howell Leviton Mfg. Bothell 1 Shayna Bridgman Molina Healthcare Bothell 1 Michael Anderson Molina Healthcare Bothell 1 HR Representative Molina Healthcare Bothell 1 Kelly Lindeman Panasonic Avionics Bothell 1 Shyla Phillips PSE Bothell 1 KC McNeil Romac Industries Bothell 1 Brady Clark Safeco Bothell 1 Barbara Rodgers Seattle Genetics Bothell 1 Mike Manderscheid SNC Lavalin Bothell 1 Mike Ranz SNC Lavalin Bothell 1 Kathy James State Farm Bothell 1 Jennifer O'Neal Tetra Tech Bothell 1 Kathleen Swyers T-Mobile Bothell 1 Roxanne Lewis T-Mobile Bothell 1 Michael Joachims T-Mobile Bothell 1 Kristy Thies FDA Bothell 1 Kellie Holden UWB Bothell 1 Nancy Hyde Corning UWB Bothell 1 Lynn Rosseau Achelles USA 1 Nancy Musser Boeing 1 Sandra Sinclair Boeing 1 Joanne City of Everett 1 Debbie Anderson Community Transit 1 Traci Kreidler Community Transit 1 Doug Electronetics 1 Theresa D. Everett Clinic 1 George Olson Everett Community College 1 Valerie Everett Providence Medical Center 1 Sabina Popa Everett Transit 1 Cody Dorn Fluke 1 Packet Page 50 of 174 ETC Worksite Jurisdiction Bothell 1130 Everett 1123 Zac Corker Goose Networks 1 Cariann Little Intermec 1 John Ebean Intermec 1 Chris Buetow Jansport 1 Kimberly E. Naval Station Everett 1 Candy Snohomish County 1 Bob Eden Snohomish County PUD 1 Joannie Foltz Snohomish County PUD 1 Sara Poirot Specialty Pull Tabs 1 Diane 1 Donna 1 John Bowler 1 John Hendricks 1 Lisa Fiser 1 Becky Dionne 1 Ken Quinn 1 Charlie Crissman 1 31 63 Packet Page 51 of 174 Appendix G COMMUTE TRIP REDUCTION SUMMARY OF POLICIES THAT SUPPORT CTR Packet Page 52 of 174 COMPREHENSIVE PLAN GOALS AND POLICIES ANALYSIS This section provides a list of CTR supportive comprehensive plan goals and policies that the City of Edmonds either has or doesn't have. The right hand column identifies the policies that the jurisdiction has in place relating to the recommended goals and policies in the left hand column. If the jurisdiction doesn't have some of the recommended goals and policies listed below, then they may want to consider adding some of these recommended goals and policies to their comprehensive plan during the next update. Land Use Element Work with transit providers to provide transit that is fast, frequent and reliable Medical/Highway 99 between urban centers, urban villages, GTEC's and accessible to most of the Activity Center city's residences and businesses. Policy A.2 Require the integration of non -motorized and transit connections when Activity Centers planning and developing urban centers or GTEC's. Goal A, D; Downtown Waterfront Area Goal 3, Policy EA, E.5, E.10, E.14, E.17; Medical/Highway 99 Activity Center Goal 2, 4, 8, Policy A.1, A.2, A.3, A.6 Establish urban centers and/or GTEC's where they can be served by regional Medical/Highway 99 transit agencies, or work with the appropriate transit agency to expand Activity Center Goal service to the urban center within a reasonable timeframe. 1,6 Encourage new housing developments to be located in urban growth areas Downtown and small towns to help provide a sense of community and safe, non- Waterfront Plan motorized transportation to community facilities and public transit modes. Policy E.12 Provide aesthetic and functional amenities along pedestrian facilities, such as Downtown water fountains, benches, trash receptacles, public art, and open spaces Waterfront Plan (such as seating plazas). Policy E.5, E.17;Highway 99 Corridor Policy BA Packet Page 53 of 174 Provide pedestrian, and bicycle connections in newly developing areas of the Downtown city, promoting both internal access and linkages with the rest of the city. Waterfront Plan Policy E.5; Highway 99 Corridor Policy B.5; Community Commercial Areas Policy CA; Neighborhood Commercial Areas Policy D.3 Incorporate transit -supportive and pedestrian friendly design features in new Downtown development through the development review process. Examples include: Waterfront Plan Provide pedestrian pathways that minimize walking distances to activities and Policy /Hig Medical/Highway Medicall hway 99 t0 transit stops. p Activity Center Goal Provide weather protection such as covered walkways or arcades connecting 8, Policy A.1, A.3, building developments, and covered waiting areas for transit and ridesharing. A.6; Highway 99 Corridor Goal 1, Policy B.2, B.5; Community Commercial Areas Policy C.2, CA; Neighborhood Commercial Areas Policy D.3; Westgate Corridor Policy E.3; Edmonds Way Corridor Policy F.2 Incorporate guidelines for addressing that sidewalks and walkways are Waterfront Site separated from the roadway by a landscaping strip or drainage swale. Design Objective FA.b; Waterfront Landscaping Objective F.5.d Adopt pedestrian friendly design guidelines, especially in high pedestrian Design Objectives activity zones, such as wide sidewalks, landscape buffers or strips, street for Site Design trees, adequate lighting, traffic calming measures (such as traffic circles, curb bulbs, raised medians, speed tables and chicanes), special pavements, and bollards. Adopt development design standards that promote a pedestrian friendly Design Objectives environment. Such standards may include reduced building setbacks, for Site Design requirements for display windows, building entrances oriented toward the street, and locating parking lots to the rear or side of buildings. Packet Page 54 of 174 Require new developments to incorporate non -motorized features or Downtown Design programs designed to promote use of alternatives to single -occupant Objectives Lighting vehicles, such as; a., PedestrianAccess • Preferential parking for car pools and van pools and Connections d.; • Special loading and unloading facilities Design Objectives • Transit facilities, including comfortable bus stops, and waiting areas, for Pedestrian adequate turning room, and where appropriate, signal preemption and Connections Offsite queue -jump lanes C.3.d • Bicycle parking and related facilities Inter -Agency Coordination Integrate multiple access modes, including buses, carpools, and vanpools, Downtown bicycles, and pedestrians. Waterfront Plan Policy EA Encourage transit oriented development and pedestrian friendly land use Activity Centers characteristics through zoning and land use policies that encourage mixtures Goal B; Downtown of land uses, increased densities in targeted areas with design standards. Waterfront Plan Goal 4, Policy E.5, E.12; Medical/Highway 99 Activity Center Goal 2, 4, Policy A.1, A.5, A.6; Neighborhood Commercial Areas Policy D.2 Housing Element Work with other jurisdictions to achieve a jobs/housing balance that makes it 1.1.b possible for people to live closer to where they work. Transportation Element Pedestrian The county should ensure that continuous and/or direct bicycle lanes are Pedestrian and provided between all jurisdictions and major activity centers. Bicycle Transportation 2.8 Consider pedestrians along with other travel modes in all aspects of Streets and developing the transportation system. Provide safe and convenient Highways 2.2, 3.10, pedestrian access in all new and improved transportation projects, unless 4.3, Pedestrian and exceptional circumstances exist. Bicycle Transportation 1.1, 1.8, 1.11 Remove barriers and deterrents along the existing pedestrian system to Pedestrian and create better access between employment facilities, residential and other Bicycle uses. Transportation 1.5 Packet Page 55 of 174 Coordinate the local jurisdiction's existing and planned pedestrian system Streets and with adjacent jurisdictions to provide a continuous, coordinated system, Highways 4.3, especially when major employment and activity centers are nearby. Pedestrian and Bicycle Transportation 1.1, Pedestrian and Bicycle Transportation 2.7 Secure sidewalks and trail improvements or easements through the Streets and development review process to develop portions of the pedestrian system. Highways 5.3, Pedestrian and Bicycle Transportation 1.14, 1.15 Pedestrian Safety and Security Consider access management to reduce the number of conflict points Streets and (driveways) between pedestrians and vehicles, thereby improving pedestrian Highways 3.15 safety. Ensure that pedestrian facilities are designed and monitored to improve Pedestrian and security and safety, through lighting, openness, vegetation upkeep and Bicycle security features such as panic buttons at key locations. Transportation 1.6, Public Transportation 3.1 Pedestrian and Bicycle Convenience Implement way -finding (signage) along sidewalks and trails that direct Pedestrian and pedestrians to key locations or destinations, such as major activity centers, Bicycle business districts, institutions, major medical facilities, parks or recreational Transportation 2.9 facilities. Provide internal pedestrian circulation systems within and between existing, Public new or redeveloping commercial, multi -family or single family developments, Transportation 3.5 and other appropriate activity centers. Provide convenient connections to frontage pedestrian systems and transit facilities. Encourage transit use by improving pedestrian and bicycle linkages to the Streets and existing and future transit and school bus system, and by improving the Highways 4.3, security of and utility of park -and -ride lots and bus stops. Pedestrian and Bicycle Transportation 1.1, 1.8, 1.15, 2.6, Public Transportation 3.2, 3.3, 3.4, 3.6 Provide bicycle connections and secure bicycle parking and storage Pedestrian and convenient to major transit facilities; increase the number of secure parking Bicycle areas for bicycles. Transportation 2.10 Packet Page 56 of 174 Cooperate with the public and private schools, bicycle clubs and other Pedestrian and interests groups to provide education and strategies to promote safe riding Bicycle skills and the transportation and recreation opportunities of bicycling. Transportation 1.11 Improve mobility and safe access for walking and bicycling, and create Streets and incentives to promote non -motorized travel to employment centers, Highways 1.5, 3.10, commercial districts, transit stations, schools and major institutions, and Pedestrian and Bicycle recreational destinations Transportation 2.4, 2.5, 2.6, 2.7 Accessibility Sidewalks or pedestrian facilities should be located along all both sides of all Streets and arterials, collectors, and at least one side of most local streets. Highways 4.3, Pedestrian and Bicycle Transportation 1.13, 1.14, 1.15 Pedestrian facilities should be wide enough to allow the disabled, such as Pedestrian and wheelchair users, to access them, usually a minimum of 5' to 6'. A wider Bicycle facility should be provided along principal arterials (generally a minimum of Transportation 1.9, esand 8'), or in business districts that attract more pedestrians. B cd clerian Y Transportation 1.13 Direct pedestrian linkages should be considered whenever possible, to Pedestrian and connect between internal land uses and arterials. This reduces walking Bicycle distances to transit stops and commercial uses. Transportation 1.8 Public Transportation Encourage interconnections and time coordination of public transportation Public modes (bus, coach and rail) to increase level of service and ridership. Transportation 1.1, 1.2, 2.3 Work with transit providers to provide transit service that is fast, frequent, and Public reliable between urban centers and urban villages and that is accessible to Transportation 1.2, most of the city's residences and businesses. Pursue strategies that make 1.3, 1.4, 2.3 transit safe, secure, comfortable, and affordable. Develop partnerships with transit providers to implement projects providing Public neighborhood -to -transit links that improve pedestrian and bicycle access to Transportation 1.3 transit services and facilities. Coordinate with regional, state, and federal agencies, local governments, and Streets and transit providers when planning and operating transportation facilities and Highways 2.4, services in order to promote regional mobility for people and goods and the Public Transportation 2.2, urban center approach to growth management. 4.1, Capital Facilities, Transportation 4.1, 4.2, 4.3 Design transit access into large developments, considering bus lanes, stops, Public shelters, non -motorized lanes & facilities as part of the project design Transportation 3.5 Packet Page 57 of 174 Coordinate with transit providers and the private sector to develop and Public implement compatible transportation demand management regulations and Transportation 1.6, strategies that are consistent with the Commute Trip Reduction Act. 1.11, Capital Facilities, Transportation 3.2 Provide preferential lanes, such as High Occupancy Vehicle (HOV) lanes on Public roads which will benefit commuters the most, such as those with major transit Transportation 4.1 routes, and those experiencing the greatest congestion. Ferries Coordinate ferry arrivals and departures with mass transit systems to ensure Public an efficient flow of people and traffic. Transportation 1.8, 1.9, 1.10 Packet Page 58 of 174 AM-1031 LB. Tobacco Free Parks Council Committee Meetings Date: 06/12/2007 Submitted By: Brian McIntosh, Parks and Recreation Time: 10 Minutes Department: Parks and Recreation Type: Action Committee: Community/Development Services Information Subject Title Tobacco Free Parks Discussion Recommendation from Mayor and Staff Recommend review and adoption of a resolution by full City Council for a Tobacco Free Parks policy. Previous Council Action None Narrative The Snohomish County Health District initiated the "Tobacco Free Parks" program in 2001 as a joint effort between local communities and the Health District. At this time 13 county communities as well as Snohomish County itself have adopted resolutions or proclamations declaring park facilities to be "Tobacco Free For Our Kids". The campaign seeks to educate the local community about the harmful effects of secondhand tobacco smoke (SHS) and to provide a healthy environment for children, families, and all park users. When kids see a park free of smokers they are more likely to recognize this as the norm. The negative health impacts of SHS are well -documented. Environmentally, reducing or eliminating smoking in the parks and beaches in Edmonds would also substantially reduce the litter attributed to smoking such a cigarette butts (not biodegradable), lighters and packaging. With the exception of Mill Creek, all participating communities in the County have adopted this policy as a voluntary program encouraging voluntary compliance. Our Edmonds Police Department concurs with this approach. The Health District assists communities by providing examples of policies and promoting the policies by jointly writing media releases, purchasing and producing signs for the parks, getting youth involved and helping to plan and coordinate a kick off ceremony in a selected park with healthy cake, punch and give-aways. With adoption of this program a kick off ceremony at City Park could take place in July. Fiscal Impact Attachments. No file(s) attached. Packet Page 59 of 174 Route Seq Inbox I City Clerk 2 Mayor 3 Final Approval Form Started By: Brian McIntosh Final Approval Date: 06/07/2007 Form Routing/Status Approved By Date Status Sandy Chase 06/07/2007 02:17 PM APRV Gary Haakenson 06/07/2007 02:59 PM APRV Sandy Chase 06/07/2007 03:29 PM APRV Started On: 06/07/2007 02:14 PM Packet Page 60 of 174 AM-1033 2.A. Authorization to Establish Part -Time Domestic Violence Coordinator Position Council Committee Meetings Date: 06/12/2007 Submitted By: Al Compaan, Police Department Time: 10 Minutes Department: Police Department Type: Action Committee: Finance Information Subject Title Authorization to Establish Part -Time Domestic Violence Coordinator Position Recommendation from Mayor and Staff Approve for Consent Agenda Previous Council Action Narrative Since January 2004, the city of Edmonds and the city of Lynnwood by interlocal agreement have shared services of a Domestic Violence Coordinator. The incumbent is a full-time city of Lynnwood employee who has spent approximately 1/3 time here at Edmonds, with the balance at Lynr Lynnwood This allocation between Lynnwood and Edmonds was based originally on the number of domestic violence cases in each city. Representative duties are to provide coordination of domestic violence related cases between the victim, police department, prosecuting attorney's office and courts of jurisdiction. Additional duties include community education on domestic violence issues and training of department personnel relative to domestic violence. Work is performed in a support position for and within the police department in a civilian capacity. Our experience is that a Domestic Violence Coordinator can provide an effective level of service to DV victims, and to the overall prosecution effort, that is difficult to match absent such a designated person. Earlier this year, Lynnwood notified Edmonds that they (Lynnwood) were in need of the services of their Domestic Violence Coordinator on a full-time basis, therefore Lynnwood was requesting termination of the interlocal agreement between Lynnwood and Edmonds. Edmonds then undertook a search for a replacement of our own, as a 19 hour per week city of Edmonds employee who would be shared with the city of Mill Creek by interlocal. Based upon current caseload, Edmonds expects to utilize the new Domestic Violence Coordinator 2/3 of the time, and Mill Creek the remainder. The employee would be supervised by the Edmonds Police Department under Support Services. The police department is requesting authorization to establish this as a new 19 hour per week position with no benefits, hire date of June 20, 2007. We have an excellent candidate who is just completing background process. The position will be covered under the terms of the current Edmonds Police Officers' Association. Total hourly cost to fund this position is expected to be $23.35 per hour (employee will receive gross $20.85 per hour). Total cost to Edmonds on an annual Packet Page 61 of 174 basis per the 2007 labor agreement is $23,070.00, of which Mill Creek will pay 1/3. Given the fact we are requesting a June 20, 2007 hire date, total cost to Edmonds (and total revenue from Mill Creek per the interlocal) will be pro -rated through year end. Funding for this position is already provided for in the current General Fund Administrative Services Non -Departmental budget, $20,000 for 2007 and $21,000 for 2008. This level of funding is more than sufficient to cover Edmonds' costs for this position given the sharing with Mill Creek by interlocal. Link: DV Coordinator Interlocal Link: DV Stats 2006 EPD LPD Fiscal Impact A ttn eh mPntc Form RoutinM/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 06/07/2007 03:44 PM APRV 2 Mayor Gary Haakenson 06/07/2007 04:01 PM APRV 3 Final Approval Sandy Chase 06/07/2007 04:33 PM APRV Form Started By: Al Started On: 06/07/2007 03:03 Compaan PM Final Approval Date: 06/07/2007 Packet Page 62 of 174 Interlocal Agreement Between City of Edmonds, Washington and City of Mill Creek, Washington for a Domestic Violence Coordinator This Interlocal Agreement, made and entered into on this day of 2007, by and between the CITY OF EDMONDS, a Washington Municipal Corporation, hereinafter referred to as "Edmonds," and the CITY OF MILL CREEK, a Washington Municipal Corporation, hereinafter referred to as "Mill Creek," each party having been duly organized and now existing under the laws of the State of Washington. RECITALS WHEREAS, the City of Edmonds and the City of Mill Creek each require services of a Domestic Violence Coordinator to assist the Prosecutor and victims of domestic violence in each City; WHEREAS, the City of Edmonds is authorized by law to hire and retain an employee to provide domestic violence coordination services to assist victims and the City Prosecutor in domestic violence cases for the Municipal Court; WHEREAS, the City of Edmonds continues to require the domestic Violence Coordinator services for the benefit of the City of Edmonds; WHEREAS, Edmonds is amenable to allowing Mill Creek to compensate Edmonds in exchange for receiving services that will be performed by the Edmonds Domestic Violence Coordinator under the employment, direction and supervision of Edmonds; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; WHEREAS, Edmonds and Mill Creek have considered the costs for such services and skills required, and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law to share such services in cooperation with each other; and WHEREAS, this Interlocal Agreement was authorized by the Edmonds City Council on 2007; 2007 and the Mill Creek City Council on NOW THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: Draft 5/24/2007 Packet Page 63 of 174 1. Purpose: This Agreement is for Edmonds to provide the following services to Mill Creek (and as itemized further in Attachment A): a. The Domestic Violence Coordinator (hereinafter referred to as "DVC") is employed by Edmonds at all times, and is under the direction, supervision and control of Edmonds. b. In return for compensation, Edmonds shall direct the DVC to provide Mill Creek with services for approximately 33% of the total work time by the DVC at mutually agreed upon times and days. Both parties accept minor variation to the 66% of total estimated time to Edmonds or 3 3 % to Mill Creek. It is considered impractical to insure precise distribution due to the variation of workload requirements on any particular day, and distribution of holidays, sick leave and vacation days. C. As the employer, Edmonds shall provide an office and all supplies necessary for work. At the convenience of Mill Creek, Mill Creek may also provide an alternative workspace in Mill Creek. d. The DVC will work under Edmonds rules and directions. In the event that there is a conflict between Edmonds personnel activities and rules, and Mill Creek, then Edmonds shall prevail. 2. Duration: The duration of the agreement shall be for five years and may be renewed for successive periods of the same duration, upon approval by each respective City Council at time of each renewal. 3. Contacts: Notice regarding the contract terms, conditions, rates or other communications shall be addressed to: City of Edmonds Assistant Chief for Support Services (Al Compaan) 250 5th Avenue North Edmonds, WA 98020 City of Mill Creek Chief Bob Crannell 15728 Main Street Mill Creek, WA 98012 4. Compensation from Mill Creek: a. For 2007, Mill Creek shall pay Edmonds an amount not to exceed $7,690.00 in monthly installments of $640.83 as billed to Mill Creek by Draft Packet Page 64 of 174 5/24/2007 Edmonds. Should the DVC position be vacant for a portion of the month, Edmonds shall pro -rate the invoice accordingly. Edmonds shall notify Mill Creek each year of any anticipated increase, and such increases, if any, shall be mutually agreed upon through Addendum to this contract. Such notice will be made as soon as practicable by Edmonds. b. Edmonds will send the monthly invoice to Chief Bob Crannell. C. Should Mill Creek require overtime services that require overtime pay under Edmonds rules, Edmonds shall pay the DVC and invoice Mill Creek for reimbursement as soon as such costs are known to Edmonds. 5. Record Keeping: Edmonds agrees to maintain records relative to the DVC employment, and to make such records available to Mill Creek upon request. 6. Indemnification and Insurance: Edmonds shall indemnify Mill Creek, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from Edmonds' performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of Mill Creek, its officers, agents or employees, Edmonds' indemnification obligation hereunder shall be limited to Edmonds' proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. 7. Termination: This Agreement may be terminated before expiration by written notice from either party. Termination by such notice shall become effective 90 days after receipt of notice. 8. Governing Law: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement. 9. Entire Agreement: This Agreement represents the entire integrated Interlocal Agreement between Edmonds and Mill Creek and supersedes all prior negotiations, representations or agreements on this matter, either written or oral. Draft Packet Page 65 of 174 5/24/2007 IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on 2007. CITY OF EDMONDS Mayor Gary Haakenson ATTE S PAUTHENTICATED : Sandra S. Chase, City Clerk APPROVED AS TO FORM: W. Scott Snyder, City Attorney Draft 5/24/2007 CITY OF MILL CREEK LIN ATTEST/AUTHENTICATED: APPROVED AS TO FORM: Packet Page 66 of 174 Attachment A A domestic violence coordinator is responsible for the coordination of domestic violence related cases between the victim, police department, prosecuting attorney's office and courts of jurisdiction. Additional duties include community education on domestic violence issues and training of department personnel relative to domestic violence. Work is performed in a support position for and within the police department in a civilian capacity. Essential Job Functions Includes but is not limited to the following: • Support, educate and assist victims of domestic violence through the criminal proceedings in municipal and superior courts; provide information regarding criminal justice procedures; appear with domestic violence victims at arraignments, pre -trail hearings, trials and other court hearings as deemed necessary. • Educate domestic violence victims regarding the benefits of prosecuting domestic violence cases. • Assess victim's immediate needs (i.e. safe housing, income, etc.); help victim develop a safety plan; provide information and referral to community resources, specifically domestic violence services. • Assist officers and detectives in obtaining evidence of domestic violence; take photographs of victim's injuries; research prior history of abuse; obtain medical records and document findings in accordance with departmental policy. • Provide domestic violence victims with information regarding filing for and obtaining civil protection orders. • Make recommendations in court and to the prosecuting attorney regarding no - contact orders; communicate with domestic violence victims seeking the termination of criminal no -contact orders; make charging and sentencing recommendations to the prosecuting attorney and court on behalf of victim. • Develop reference materials for use by court staff, prosecuting attorney and domestic violence victims. • Prepare statistical reports as directed; attend department staff meeting when requested. • Respond to telephone and walk-in requests for service; refer victims to social service or community agencies as appropriate. • Maintain case records; prepare required reports and other documents as required; assist in developing operational policies and procedures. • Assist in training department personnel relative to domestic violence. • Participate as directed in the domestic violence working group comprised of Edmonds, Lynnwood and Mountlake Terrace police departments. Draft Packet Page 67 of 174 5/24/2007 Domestic Violence Statistics December 2006 YTD Statistics December EPD YTD December LPD YTD YTD Totals Gender: Female 14 135 35 427 562 Male 6 44 10 147 191 Race: White 17 156 31 433 589 Black 2 12 6 49 61 Asian 1 9 4 32 41 Hispanic 0 1 4 54 .55 Other 0 0 0 3 3 Age Range: <19 2 29 5 70 99 20-29 3 35 13 193 228 30-39 6 34 12 130 164 40-49 1 45 11 115 160 50-59 3 20 4 39 59 60+ 1 12 0 17 29 Children: Kids in House 7 63 21 233 296 Child Witness 4 40 16 135 175 Adult Witnesses: 17 111 19 248 359 Cases: Criminal Cases 26 184 57 586 770 Verbals 26 270 9 _ 166 436 # of New Victims: 22 164 45 497 661 Victims w/o Case: 0 9 0 10 19 Services Provided: Calls to V,W,D 43 665 211 2230 2895 Cnt W/Providers 37 526 87 982 1508 Email 18 467 89 1488 1955 In Person contact 7 106 23 224 330 Letters 12 24 14 26 50 Follow Up 6 55 16 131 186 Packet Page 68 of 174 AM-1019 2.13. DV Coordinator Interlocal Agreement with the City of Mill Creek Council Committee Meetings Date: 06/12/2007 Submitted By: Gerry Gannon, Police Department Submitted For: ACOP Debbie Smith Time: 10 Minutes Department: Police Department Type: Action Committee: Public Safety Tnfnrm ntinn Subiect Title Domestic Violence Coordinator Interlocal Agreement with the City of Mill Creek Recommendation from Mayor and Staff Recommend approval and forward to consent agenda. Previous Council Action Narrative This is an agreement to share the services of a Domestic Violence Coordinator between the cities of Mill Creek and Edmonds. Mill Creek will be billed monthly for the services provided by the employee. This employee is being hired by Edmonds PD to replace the outgoing, presently employed, Lynnwood DV coordinator. Fiscal Impact AttnrhmPntc Link: DV Coordinator Form Routing/Status Route Seq Inbox 1 Police 2 City Clerk 3 Mayor 4 Final Approval Form Started By: Gerry Gannon Approved By Date Status Sandy Chase 06/07/2007 01:25 PM APRV Sandy Chase 06/07/2007 01:26 PM APRV Gary Haakenson 06/07/2007 01:28 PM APRV Sandy Chase 06/07/2007 01:49 PM APRV Started On: 06/05/2007 07:33 AM Final Approval Date: 06/07/2007 Packet Page 69 of 174 Interlocal Agreement Between City of Edmonds, Washington and City of Mill Creek, Washington for a Domestic Violence Coordinator This Interlocal Agreement, made and entered into on this day of , 2007, by and between the CITY OF EDMONDS, a Washington Municipal Corporation, hereinafter referred to as "Edmonds," and the CITY OF MILL CREEK, a Washington Municipal Corporation, hereinafter referred to as "Mill Creek," each party having been duly organized and now existing under the laws of the State of Washington. RECITALS WHEREAS, the City of Edmonds and the City of Mill Creek each require services of a Domestic Violence Coordinator to assist the Prosecutor and victims of domestic violence in each City; WHEREAS, the City of Edmonds is authorized by law to hire and retain an employee to provide domestic violence coordination services to assist victims and the City Prosecutor in domestic violence cases for the Municipal Court; WHEREAS, the City of Edmonds continues to require the domestic Violence Coordinator services for the benefit of the City of Edmonds; WHEREAS, Edmonds is amenable to allowing Mill Creek to compensate Edmonds in exchange for receiving services that will be performed by the Edmonds Domestic Violence Coordinator under the employment, direction and supervision of Edmonds; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; WHEREAS, Edmonds and Mill Creek have considered the costs for such services and skills required, and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law to share such services in cooperation with each other; and WHEREAS, this Interlocal Agreement was authorized by the Edmonds City Council on , 2007 and the Mill Creek City Council on , 2007; NOW THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: Draft 5/24/2007 Packet Page 70 of 174 Purpose: This Agreement is for Edmonds to provide the following services to Mill Creek (and as itemized further in Attachment A): a. The Domestic Violence Coordinator (hereinafter referred to as "DVC") is employed by Edmonds at all times, and is under the direction, supervision and control of Edmonds. b. In return for compensation, Edmonds shall direct the DVC to provide Mill Creek with services for approximately 33% of the total work time by the DVC at mutually agreed upon times and days. Both parties accept minor variation to the 66% of total estimated time to Edmonds or 33% to Mill Creek. It is considered impractical to insure precise distribution due to the variation of workload requirements on any particular day, and distribution of holidays, sick leave and vacation days. C. As the employer, Edmonds shall provide an office and all supplies necessary for work. At the convenience of Mill Creek, Mill Creek may also provide an alternative workspace in Mill Creek. d. The DVC will work under Edmonds rules and directions. In the event that there is a conflict between Edmonds personnel activities and rules, and Mill Creek, then Edmonds shall prevail. 2. Duration: The duration of the agreement shall be for five years and may be renewed for successive periods of the same duration, upon approval by each respective City Council at time of each renewal. 3. Contacts: Notice regarding the contract terms, conditions, rates or other communications shall be addressed to: City of Edmonds Assistant Chief for Support Services (Al Compaan) 250 5th Avenue North Edmonds, WA 98020 City of Mill Creek Chief Bob Crannell 15728 Main Street Mill Creek, WA 98012 4. Compensation from Mill Creek: a. For 2007, Mill Creek shall pay Edmonds an amount not to exceed $7,690.00 in monthly installments of $640.83 as billed to Mill Creek by Draft Packet Page 71 of 174 5/24/2007 Edmonds. Should the DVC position be vacant for a portion of the month, Edmonds shall pro -rate the invoice accordingly. Edmonds shall notify Mill Creek each year of any anticipated increase, and such increases, if any, shall be mutually agreed upon through Addendum to this contract. Such notice will be made as soon as practicable by Edmonds. b. Edmonds will send the monthly invoice to Chief Bob Crannell. C. Should Mill Creek require overtime services that require overtime pay under Edmonds rules, Edmonds shall pay the DVC and invoice Mill Creek for reimbursement as soon as such costs are known to Edmonds. 5. Record Keeping: Edmonds agrees to maintain records relative to the DVC employment, and to make such records available to Mill Creek upon request. 6. Indemnification and Insurance: Edmonds shall indemnify Mill Creek, its officers, agents and employees, from and against any claim, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising from Edmonds' performance under this Agreement; provided, to the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of Mill Creek, its officers, agents or employees, Edmonds' indemnification obligation hereunder shall be limited to Edmonds' proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. 7. Termination: This Agreement may be terminated before expiration by written notice from either party. Termination by such notice shall become effective 90 days after receipt of notice. 8. Governing Law: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement. 9. Entire Agreement: This Agreement represents the entire integrated Interlocal Agreement between Edmonds and Mill Creek and supersedes all prior negotiations, representations or agreements on this matter, either written or oral. Draft Packet Page 72 of 174 5/24/2007 IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on 2007. CITY OF EDMONDS LI-A Mayor Gary Haakenson ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: W. Scott Snyder, City Attorney CITY OF MILL CREEK an ATTEST/AUTHENTICATED: APPROVED AS TO FORM: Draft Packet Page 73 of 174 5/24/2007 Attachment A A domestic violence coordinator is responsible for the coordination of domestic violence related cases between the victim, police department, prosecuting attorney's office and courts of jurisdiction. Additional duties include community education on domestic violence issues and training of department personnel relative to domestic violence. Work is performed in a support position for and within the police department in a civilian capacity. Essential Job Functions Includes but is not limited to the following: • Support, educate and assist victims of domestic violence through the criminal proceedings in municipal and superior courts; provide information regarding criminal justice procedures; appear with domestic violence victims at arraignments, pre -trail hearings, trials and other court hearings as deemed necessary. • Educate domestic violence victims regarding the benefits of prosecuting domestic violence cases. • Assess victim's immediate needs (i.e. safe housing, income, etc.); help victim develop a safety plan; provide information and referral to community resources, specifically domestic violence services. • Assist officers and detectives in obtaining evidence of domestic violence; take photographs of victim's injuries; research prior history of abuse; obtain medical records and document findings in accordance with departmental policy. • Provide domestic violence victims with information regarding filing for and obtaining civil protection orders. • Make recommendations in court and to the prosecuting attorney regarding no - contact orders; communicate with domestic violence victims seeking the termination of criminal no -contact orders; make charging and sentencing recommendations to the prosecuting attorney and court on behalf of victim. • Develop reference materials for use by court staff, prosecuting attorney and domestic violence victims. • Prepare statistical reports as directed; attend department staff meeting when requested. • Respond to telephone and walk-in requests for service; refer victims to social service or community agencies as appropriate. • Maintain case records; prepare required reports and other documents as required; assist in developing operational policies and procedures. • Assist in training department personnel relative to domestic violence. • Participate as directed in the domestic violence working group comprised of Edmonds, Lynnwood and Mountlake Terrace police departments. Draft Packet Page 74 of 174 5/24/2007 AM-1027 Purchasing Agreement for Office Supplies and Equipment Council Committee Meetings Date: 06/12/2007 Submitted By: Sandy Chase, City Clerk's Office Time: 10 Minutes Department: City Clerk's Office Type: Action Committee: Finance Information Subiect Title Purchasing Agreement for Office Supplies and Equipment Recommendation from Mayor and Staff 2.C. It is recommended that the Finance Committee approve entering into an Interlocal Purchasing Agreement for Office Supplies and Equipment with Office Max (America Saves) and placing the approval on the next available City Council Consent Agenda. Previous Council Action Formal bids for the Office Supplies and Furnishings Purchasing Agreement were received in July 2004, and the contract was awarded to Boise (now doing business under the name Office Max). The contract expires July 31, 2007. Narrative When the bid documents were prepared in mid-2004 for the Office Supplies & Furnishings Purchasing Agreement, the estimated value of the contract was $125,000. As noted below, there has been a cost savings with Office Max. In 2005, the total amount purchased from Office Max (including tax) was $81,474.75, and in 2006, the total amount purchased was $90,274.08. Request to Enter into an Interlocal Purchasing Agreement for Office Supplies and Equipment Office Max now has a program that has made it possible for government agencies to realize benefits and cost savings in the acquisition of office supplies by participating in a membership purchasing program. By entering into this agreement, there is an opportunity to obtain additional savings through lower contract pricing and incentives. It will also allow for savings by eliminating the time and costs associated with the bidding process. Office Max was awarded a competitively quoted agreement in 2006 with Oakland County, Michigan, for office supplies and equipment. The contractor, in an additional agreement with Oakland County, extended the pricing in their mutual Master Agreement to other participating government agencies through a program known as "America Saves." The program extends the cost benefits in the Master Agreement to participating agencies throughout the United States. The Master Agreement expires May 31, 2009. There are 300 agencies using the program to date, with $16,000,000 in purchases via America saves in 2006. Packet Page 75 of 174 Highlights of the agreement: • 12,000 Item Catalog: Office Supplies, Paper, Furniture, Technology, Janitorial Supplies and Copy Solutions. • 300 Item Core List that is aggressively priced. • All other items: Discounts up to 85% • Incentives: eCommerce Rebate, Volume Incentive Savings, Prompt Pay Savings & Conversion Rebate A comparison of the City of Edmonds current contract pricing on 25 items used to determine the original award of the bid to Office Max with the contract pricing available under America Saves, shows there would be a 7% savings. Incentives and Possible Cost Savings to the City of Edmonds Based on Current Levels: • Volume incentive = The savings to the City of Edmonds would be $0. • eCommerce rebate = Rebate of $832 • Conversion Allowance = Rebate of $720 • Prompt Pay Savings = $1,664 • Contract Item Reduction & Contract Item Additions Savings = $3,884 • Non Contract Enhancement Savings = $8,471 • Total of Rebates and Pricing Reductions Savings = $15,571 or 20.3% Another local entity who is using the "America Saves" contract is the City of Kent. I contacted the City of Kent to ask about their experience with the program. Kent made the decision to enter into the Interlocal for two reasons: (1) They were short staffed and did not have the time or staffing to go through the bid process, and (2) the savings that were quoted. They noticed the biggest savings in the price of paper. They currently pay paper prices at the rate they were paying in 2003 which has been a huge savings. In addition, they receive a rebate once a year; the rebate alone saved $2,000 to $3,000. They indicate the transition to America Saves has been seamless. They indicate "America Saves" is a great program and they have no regrets. Link: America Saves Analysis Link: America Saves Program Link: Agreement Fiscal Impact Attachments Form Routing/Status Route Seq Inbox Approved By Date Status City Clerk Sandy Chase 06/07/2007 10:33 AM APRV Mayor Gary Haakenson 06/07/2007 10:38 AM APRV Final Approval Sandy Chase 06/07/2007 10:41 AM APRV Form Started By: Sandy Chase Final Approval Date: 06/07/2007 Started On: 06/06/2007 10:37 AM Packet Page 76 of 174 City Of Edmonds America Saves Analysis • Volume Incentive: Savings=$0 — If your local government office purchases up to $500,000 from OfficeMax in one calendar year, you will receive a reimbursement equal to 0.5% of the sales volume. — If your local government office purchases over $500,000 from OfficeMax in one calendar year, you will receive a reimbursement equal to 1.0% of the sales volume. — If your local government office purchases over $1,000,000 from OfficeMax in one calendar year, you will receive a reimbursement equal to 2% of the sales volume. • E-Com Rebate : Rebate $832 o If >75% of sales processed via E-commerce, pay a reimbursement equal to 1.0% of total sales volume. • Conversion Allowance: Rebate=$720 — We will pay 5% of the 1st 60 day's sales to new entities that join the "America Saves" program via OfficeMax. This will help offset any costs of moving to a new vendor. • Prompt Pay: Savings=$1,664 — 2%/10 net 30 EFT terms on Daily Billing — No EFT ... no prompt pay discount • Contract Item Reduction & Contract Item Additions : Savings=$3,884 • Non -contract enhancement: Savings=$8,471 • Total of Rebates and Pricing reductions: Savings=$15,571 or 20.3% Packet Page 77 of 174 E AMERICA SAVES!!!!!! Goal?: America Saves = Time & Money Savings. OfficeMax Packet Page 78 of 174 Agenda • Who is OfficeMax? • What is America Saves? • Program Highlights • Who Chose America Saves? • Testimonials OfficeMax- Packet Page 79 of 174 Who is OfficeMax? • Office Supplies, Paper, Technology, Office Furniture & Impress • 2005 sales: $9.1 billion • 30 U.S. Distribution Centers • OfficeMax Trucks and Drivers • 900 Retail Stores BENEFIT: Best Price and Service OfficeMax =J Packet Page 80 of 174 What is America Saves? Competitively quoted agreement 2006 Oakland County, Michigan Largest County in Michigan $1,000,000 Purchases Provides leveraged volume pricing Ability for counties, cities etc.. to " attach" onto the agreement legally OfficeMax Packet Page 81 of 174 Highlights of the Agreement • 12,000 Item Catalog: Office Supplies, Paper, Furniture, Technology, Janitorial Supplies and Copy Solutions • 300 Item Core List: Very Aggressively Priced - Member Unique pricing a vai/ab/e • All other items: Discounts up to 85% • Incentives: — Internet Ordering, Volume, Prompt Pay & Conversion BENEFIT: Save $ With Little Effort. OfficeMax Packet Page 82 of 174 Volume Incentive • Volume Incentive: — If your local government office purchases up to $500,000 from OfficeMax in one calendar year, you will receive a reimbursement equal to 0.5% of the sales volume. — If your local government office purchases over $500,000 from OfficeMax in one calendar year, you will receive a reimbursement equal to 1.0% of the sales volume. — If your local government office purchases over $1,000,000 from OfficeMax in one calendar year, you will receive a reimbursement equal to 2% of the sales volume. Off%@ ficeMax Packet Page 83 of 174 Electronic Commerce — If > 75% of sales processed via ecom merce, pay a reimbursement equal to 1.0% of total sales volume. OfficeMax Packet Page 84 of 174 Rebate Continued • Conversion Allowance: — We will pay 5% of the 1st 60 day's sales to new entities that join the "America Saves" program via OfficeMax. This will help offset any costs of moving to a new vendor. • Prompt Pay: — 2%/10 net 30 EFT on Daily Billing OfficeMax Packet Page 85 of 174 Who Chose "America Saves"? - 300 Agencies Using the Program to Date. - $16,000,000 purchases via America Saves in 2006 - 2005 first full year of program - 29 States Have Local Agencies Linked - Range of Agencies Using the Program - K-12 Schools - Cities - Counties - Community Colleges OfficeMax Packet Page 86 of 174 Testimonial #1 The America Saves Program, offered to us here at Clinton County through Officemax, has proven to be very successful to us in many ways. As we have centralized purchasing and it is very time consuming to order office supplies for all of our departments, this program has allowed us to consolidate our resources which have resulted in some great time savings. Also, as many of our yearly bid items are on this program, the amount of items on the bid has been greatly reduced, saving time and effort as well. The quarterly rebates we receive for utilizing the program have been substantial and help to reduce our operating cost, saving even more money. Off iceMax Kimberly A. Currier Purchasing Agent Clinton County Packet Page 87 of 174 Testimonial #2 To Whom it May Concern: ....made an appointment to talk with me and my secretary about opening an America Saves account with OfficeMax... I am very satisfied with the quality of goods we purchase, their timely delivery.... Besides outstanding service, OfficeMax's prices help us get more for our money. Algott Herman Director of Student Services W. Carrollton School District Off iceMax Packet Page 88 of 174 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE O KLAND COUNTY PURCHASING DIVISION OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET PURCHASING DIVISION BY AND, BETWEEN THE COUNTY OF OAKLAND AND OFFICEMAX CONTRACT, INC. Contract Number: 001260 Contract Expiration Date: May 31, 2009 Contract - NOT TO EXCEED AMOUNT: $4 000 000.00 This "Contract" is made between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called "County", and the "Contractor" as further described in the following Table. In this Contract, either Contractor or the County may also be referred to individually as a "Party" or jointly as the "Parties". COUNTY OF OAKLAND OfficeMax Contract Inc. Products Corporation 1200 N. Telegraph Road 13301 Stephens Road Pontiac, MI 48341-0047 Warren, Michigan 48089 (herein, the "County") Vendor No. 000987 (herein the "Contractor") This Contract is organized and divided into the following "Section" or "Sections" for the convenience of the Parties. SECTION 1. CONTRACT DOCUMENTS AND DEFINITIONS AtAND COUNTY DEPARTMENT OF MANAGEMENT A D BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 1 Packet Page 89 of 174 §1. ItOAKLA��D - COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION SECTION 2. CONTRACT EFFECTIVE DATE AND TERMINATION SECTION 3. SCOPE OF CONTRACTOR'S SERVICES SECTION 4. COUNTY PAYMENT OBLIGATION FOR CONTRACTOR'S SERVICES SECTION 5. CONTRACTOR ASSURANCES AND WARRANTIES SECTION 6. CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION SECTION 7. GENERAL TERMS AND CONDITIONS In consideration of the mutual promises, obligations, representations, and assurances in this Contract, the Parties agree to the following: CONTRACT DOCUMENTS AND DEFINITIONS The following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or non -possessive, and/or either within or without quotation marks, shall be defined and interpreted as follows: 1.1. "Contractor Employee" means without limitation, any employees, officers, directors, members, managers, trustees, volunteers, attorneys, and representatives of Contractor, and also includes any Contractor licensees, concessionaires, contractors, subcontractors, independent contractors, subsidiaries, joint ventures or partners, and/or any such persons, successors or predecessors, employees, and/or any and all persons acting by, through, under, or in concert with any of the above. "Contractor Employee" shall also include any person who was a Contractor Employee at anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.2. "Claims" means any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against the County, or for which the County may become legally and/or contractually obligated to pay or defend against, whether direct, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 1.3. "County" means the County of Oakland, a Municipal and Constitutional Corporation, its departments, divisions, authorities, boards, committees, and "County Agent" as defined below. AKLAND COUNTY DEPARTMENT OF MANAGEMENT A D BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Packet Page 90 of 174 Page 2 §2. fOAKLgND= COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 1.4. "County Agent" means all elected and appointed officials, directors, board members, council members, commissioners, employees, volunteers, representatives, and/or any such persons' successors (whether such person act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them. "County Agent" shall also include any person who was a "County Agent" anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as an Agent. 1.5. "Day" means any calendar day, which shall begin at 12:00:01 a.m. and end at 11:59:59 p.m. 1.6. "Contract Documents" This Contract includes and fully incorporates herein all of the following documents: 1.6.1. Exhibit I: Standardized List of Contract Items 1.6.2. Exhibit II: County Locations CONTRACT EFFECTIVE DATE AND TERMINATION 2.1. This Contract shall be effective when signed by an authorized individual representing each Party, and unless otherwise terminated or canceled as provided below, it shall end at 11:59:59 p.m. on the "Contract Expiration Date" shown on the first page of this Contract, at which time this Contract expires without any further act or notice of either Party being required. The Parties are under no obligation to renew or extend this Contract after Contract Expiration Date. Notwithstanding the above, under no circumstances shall this Contract be effective and binding and no payments to the Contractor shall be due or owing for any Contractor services until and unless: 2.1.1. This Contract is signed by a Contractor Employee, legally authorized to bind the Contractor. 2.1.2. Any and all Contractor Certificates of Insurance, and any other conditions precedent to the Contract have been submitted and accepted by the County. 2.1.3. This Contract is signed by an authorized agent of the Oakland County Purchasing Division, as provided for on the signature page of this Contract, who shall be the final signatory to this Contract. 2.2. The County may terminate and/or cancel this Contract (or any part thereof) at any time during the term, any renewal, or any extension of this Contract, upon ninety (90) days written notice to the Contractor, for any reason, including convenience without incurring obligation or penalty of any kind. Notwithstanding the above, if the County is being reimbursed for any cost or expenses incurred under this Contract by any third party, including any Federal, State or local governmental agency, and any such third party funding is terminated, the County may terminate, end or cancel this Contract immediately ttAND COUNTY DEPARTMENT OF MANAGEMENT A D BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Packet Page 91 of 174 Page 3 0 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION upon written notice to the Contractor. The effective date for termination or cancellation shall be clearly stated in the written notice. 2.3. The County's sole obligation in the event of termination is for payment for actual services rendered by the Contractor before the effective date of termination. Under no circumstances shall the County be liable for any future loss of income, profits, any consequential damages or any loss of business opportunities, revenues, or any other economic benefit Contractor may have realized but for the termination and/or cancellation of this Contract. The County shall not be obligated to pay Contractor any cancellation or termination fee if this Contract is cancelled or terminated as provided herein. 2.4. Contractor may terminate and/or cancel this Contract (or any part thereof) at any time for convenience upon ninety (90) days written notice to the County, and within thirty days (30) notice to the County if the County has failed or has not attempted to cure a breach under this Agreement. The effective date of termination and/or cancellation and the specific alleged default shall be clearly stated in the written notice. Notwithstanding Contractor's right to terminate under this section, in the event of termination, Contractor shall provide its best efforts and cooperation to ensure an orderly and efficient transition of the Services to another supplier. 2.5. The County may extend the term of this Agreement for up to an additional twelve month period only by written amendment. The County shall notify Contractor of any determination to extend this Agreement at least thirty (30) days prior to the beginning of this relevant option year. SCOPE OF CONTRACTOR'S SERVICES 3.1. The Contractor shall supply and deliver specified office supplies, stationary and other items selected from the list in Exhibit I (incorporated and made a part of this Agreement by reference) ("Products" and "Services") and/or a OfficeMax Contract Inc. Products Supply Catalogue, to designated Oakland County Facilities, for the prices set forth therein. Other catalogues may be offered during the term of the Contract at separately negotiated pricing between the Parties, including, but not limited to, the "S.O.S." catalogue. The OfficeMax Contract Inc. Products Supply Catalogue shall have a complete description of each item. 3.2. Contractor will be solely responsible for maintenance of the catalogs and will document all additions, deletion, manufacturers' discontinuance of products/equipment, and all associated variables including pricing revisions. Any changes, substitutions, additions, deletions and/or pricing revisions must be reviewed and approved by the COUNTY and Contractor in writing prior to any inclusion to the Oakland County Office Supply Catalogue list. 3.3. Periodically, at least annually, Contractor will prepare and distribute an Oakland County tOffice Supply Catalogue. This list will be revised semi-annually. The product catalogue AKLAND COUNTY DEPARTMENT OF MANAGEMENT DGUDGET-PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Packet Page 92 of 174 Page 4 COUNTY MICHIGAN I . BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION shall have a complete description of each item. Core item products and pricing will be reviewed and changed quarterly based on product cost changes and market conditions. 3.4. The following prices, payment terms, and incentives shall apply to this Contract. 3.4.1. "Net Purchases" for purposes of this Section shall mean the aggregate purchase from Contractor of Products under this Contract, net of (i) returns/cancelled orders, (ii) applicable taxes, (iii) credits, and (iv) shipping/handling fees separately billed. 3.4.2. "Non -Contract" Product prices shall be at a discounts up to 85%. 3.4.3. Payment Terms shall be: 2%/10 net 20 for daily invoicing. Payment must be made via EFT to receive the incentive or discount 3.4.4. If Oakland County spends less than $50,000 per year Contractor will add a 5% markup over the "core item" pricing applied. 3.4.5 Volume Incentives shall be provided, based upon total annual Net Purchases as follows: Annual Net Purchases Incentive $0 to $500,000 .5% $500,001 to $999,000 1% $1,000,000 + 2% 3.4.5. Electronic Commerce Incentive of 1 % of total Net Purchase volume shall be provided if greater than 75% of Net Purchases are placed electronically. Payment of any applicable incentives due pursuant to this Section 3.4 is contingent upon 90% of invoices being paid on time and within payment terms. 3.4.6. In consideration of the length of this contract and the benefits that OfficeMax will derive as a result, OfficeMax will pay the County a long term contract incentive. Within 30 days of contract signing, OfficeMax will pay $83,334 to Oakland County. OfficeMax will pay the County $83,334 by June 30, 2007. OfficeMax will pay the County $83,334 by June 30, 2008. This provision is applicable only to Oakland County. 3.4.7. If Oakland County terminates this Agreement prior to the expiration date identified on the first page of this Agreement (Term) for any reason other than a material breach by OfficeMax, or OfficeMax terminates this Agreement due to a material breach by Customer, OfficeMax will have no obligation to pay any long term contract incentive that might otherwise become due pursuant to section 3.4.6. AKLAND COUNTY DEPARTMENT OF MANAGEMENT Aft BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 5 Packet Page 93 of 174 COUNTY MICHIGAN L. BROODS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 3.4.8. Incentives described in this Section 3: (i) are based on Oakland County executing this Agreement; (ii) are conditional on Oakland County paying all invoices according to the agreed upon terms; and (iii) will be calculated against total paid invoices, only on Net Sales, and only on Net Sales occurring while this Agreement is in full force and effect. Oakland County will be eligible for such incentives provided that Oakland County continuously maintains a current and in good standing account. All incentives are subject to and require that ninety percent (90%) of invoices are paid according to the terms of this Agreement. If ninety percent (90%) of invoices are not paid according to the terms and conditions outlined in this Agreement, no incentive shall be paid for the applicable measurement period and will not be paid retroactively. Should outstanding invoices exist, OfficeMax reserves the right to issue payment for incentives against outstanding invoices in lieu of paying the incentive directly to Oakland County. 3.5. Contractor shall highlight Contract Items on the Internet item list. 3.6. Contractor shall coordinate with County regarding internet order procedures and training. 3.7. Contractor shall accept and process Internet and authorized, approved fax orders from County locations as identified in Exhibit III. Purchases may also be made through issuance of a purchase order. 3.8. Contractor shall provide next -day order delivery to ordering locations identified in Exhibit III 3.9. Deliveries shall be made to each ordering location with a signature obtained on the manifest. Packlist shall be with merchandise. Contractor will retain manifest for support of the invoice inquiries 3.10. Contractor shall apply the appropriate, agreed -upon discount to purchases made under this Contract. 3.11. Contractor shall maintain inventory levels of items shown in Oakland County Office Supply and OfficeMax Contract Inc. Products Catalogues which will insure a 98.5% fill rate. 3.12. Contractor shall provide the following usage reports: a) Month and year-to-date sales for each authorized cost center; b) Monthly and year-to-date usage reports ranked in descending order for units and dollars for Contract Items and all items; c) Accounts payable with twice monthly summary invoice supported with listed invoices, in agreed -upon format, and credit memos; d) Accounts payable with twice monthly statement; e) Month and year-to-date items ordered by department code. AKLAND COUNTY DEPARTMENT OF MANAGEMENT A D BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 6 Packet Page 94 of 174 am COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 3.13. Contractor shall handle order adjustments (returns, misfills, shortages, overages, etc.). The County will call OfficeMax Contract Inc. Products' Customer Service, and Customer Service will issue a return/credit authorization number ("ATR") to County. Any items returned pursuant to this section will be picked up on the next day's delivery. Contractor shall issue a credit memo with invoice by Ordering Division, purchase order number, and ATR number. COUNTY PAYMENT OBLIGATIONS FOR CONTRACTOR'S SERVICES 4.1. Except as otherwise expressly provided for in this Contract, the County's sole financial obligation to the Contractor under this Contract shall be: 4.1.1. Payment for the items ordered from Exhibit I and/or a OfficeMax Contract Inc. Products Supply Catalogue. In no event, shall the County's amount due and owing the Contractor for any and all goods and/or services rendered exceed the amount identified as the "NOT TO EXCEED AMOUNT" on the first page of this Contract. In the event the Contractor can reasonably foresee the total billings for its goods and/or services will exceed this "NOT TO EXCEED AMOUNT, "the Contractor shall provide the County with notice of this contingency at least 15 Days before this event. 4.1.2. Every two weeks (twice per month), the Contractor shall submit an invoice to the County which shall itemize all amounts due and/or owing by the County under this Contract, as of the date of the invoice. The invoices shall be submitted in the form requested by the County. The County shall have no obligation to make payment until a proper invoice of service is submitted. 4.1.3. Price changes will be considered only on a calendar quarter basis during the contracting year. Discounts for electronic ordering, volume sales and electronic fund transfers are as set forth in Section 3.4. 4.1.4. Contractor shall advise the County in writing of any proposed price increases or manufacturer's discount structure changes, providing a copy of the proposed price list and/or acceptable evidence of change in manufacturers discount structure. Contractor will be responsible for furnishing and delivering approved price lists to all County departments and other Participating Agencies. It also shall be Contractor's responsibility to keep COUNTY and Participating Agencies informed of any other changes. Unless otherwise qualified, revisions shall be effective on the first business day of the next calendar quarter following such notification of price change. Upward revisions shall be subject to acceptance by COUNTY. 4.2. The County and Contractor have the right to offset any amounts due and owing to the other should that Parry incur any costs associated with this Contract that are the obligations of the other Party under this Contract. AKLAND COUNTY DEPARTMENT OF MANAGEMENT AID BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Packet Page 95 of 174 Page 7 §5. IfOAKLAI'�ID COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 4.3. This Contract does not authorize any in -kind services by either Party, unless expressly provided herein. CONTRACTOR'S ASSURANCES AND WARRANTIES 5.1. Service Warranty. Contractor warrants that all services performed hereunder.will be performed in a manner that complies with all applicable laws, statutes, regulations, ordinances, and professional standards. 5.2. Business and Professional Licenses. The Contractor will obtain and maintain at all times during the term of this Contract all applicable business and professional licenses necessary to provide the contracted services. 5.3. Equipment and Supplies. The Contractor is responsible for providing equipment and supplies not expressly required to be provided by the County herein. 5.4. Taxes. The Contractor shall pay its own local, state and federal taxes, including without limitation, social security taxes, and unemployment compensation taxes. The County shall not be liable to or required to reimburse the Contractor for any federal, state and local taxes or fees of any kind, provided an appropriate tax exemption certificate is furnished to Contractor. 5.5. Contractor's Incidental Ex enses. Except as otherwise expressly provided in this Contract, the Contractor shall be solely responsible and liable for all costs and expenses incident to the performance of all services for the County including, but not limited to, any professional dues, association fees, license fees, fines, taxes, and penalties. 5.6. Contractor Employees. 5.6.1. Contractor shall employ and assign qualified Contractor Employees as necessary and appropriate to provide the services under this Contract. Contractor shall ensure all Contractor Employees have all the necessary knowledge, skill, and qualifications necessary to perform the required services and possess any necessary licenses, permits, certificates, and governmental authorizations as may required by law. 5.6.2. Contractor shall solely control, direct, and supervise all Contractor Employees with respect to all Contractor obligations under this Contract. Contractor will be solely responsible for and fully liable for the conduct and supervision of any Contractor Employee 5.6.3. All Contractor Employees shall wear and display appropriate County -provided identification at all times while working on County premises. 5.6.4. All Contractor Employees assigned to work under this Contract may, at the County's discretion, be subject to a security check and clearance by the County. AA DBUDGET-PURCHASING DIVISION -PROFESSIONAL SERVICES KLAND COUNTY DEPARTMENT OF MANAGEMEV CONTRACT NUMBER 001260 Packet Page 96 of 174 Page 8 §6. COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 5.6.5. The employees and agents of each Party, shall while on the premises of the other Party, comply with all rules and regulations of the premises, including, but not limited to, security requirements. 5.7. Contractor Employee -Related Expenses. All Contractor Employees shall be employed at the Contractor's sole expense (including employment -related taxes and insurance) and the Contractor warrants that all Contractor Employees shall fully comply with and adheres to all of the terms of this Contract. Contractor shall be solely and completely liable for any and all applicable Contractor Employee's federal, state, or local payment withholdings or contributions and/or any and all Contractor Employee related pension or welfare benefits plan contribution under federal or state law. Contractor shall indemnify and hold the County harmless for all Claims against the County by any Contractor Employee, arising out of any contract for hire or employer -employee relationship between the Contractor and any Contractor Employee, including, but not limited to, Worker's Compensation, disability pay or other insurance of any kind. 5.8. Full Knowledge of Service Expectations and Attendant Circumstances. Contractor warrants that before submitting its Proposal and/or entering into this Contract, it had a full opportunity to review the proposed services, and review all County requirements and/or expectations under this Contract. The Contractor is responsible for being adequately and properly prepared to execute this Contract. Contractor has satisfied itself in all material respects that it will be able to perform all obligations under the Contract as specified herein. 5.9. The Contractor's Relationship To The County Is That Of An Independent Contractor. Nothing in this Contract is intended to establish an employer -employee relationship between the County and either the Contractor or any Contractor Employee. All Contractor Employees assigned to provide services under this Contract by the Contractor shall, in all cases, be deemed employees of the Contractor and not employees, agents or sub -contractors of the County. CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION Failure on the part of Contractor to obtain and maintain all required insurance coverage is a material breach upon which COUNTY may, in its sole discretion, suspend Contractor's performance or terminate this Agreement pursuant to applicable notice and cure provisions contained in this Contract. 6.1. Indemnification. 6.1.1. Contractor shall, to the extent of Contractor's negligence, indemnify, defend, and hold the County harmless from any and all Claims which are incurred by or asserted against the County by any person or entity, alleged to have been caused or found to arise, from the negligent acts, performances, errors, or omissions of Contractor or Contractor's Employees, including, without limitation, all Claims f „T AT f�T smoo, n A TA . i to ,j „g&,t ,9�any person or damage to any property. AKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Packet Page 97 of 174 Page 9 frOAKL�. COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 6.1.2. The indemnification rights contained in this Contract are in excess and over and above any valid and collectible insurance rights/policies. During the term of this .Contract, if the validity or collectability of the Contractor's insurance is disputed by the insurance company, the Contractor shall indemnify the County for all claims asserted against the County and if the insurance company prevails, the Contractor shall indemnify the County for uncollectible accounts. 6.1.3. Contractor shall have no rights against the County for any indemnification (e.g., contractual, equitable, or by implication), contribution, subrogation, and/or any other right to be reimbursed by the County except as expressly provided by law. 6.2. Contractor waives and releases all actions, liabilities, loss and damage including any subrogated rights it may have against the County based upon any Claim brought against the County suffered by a Contractor Employee. 6.3. Under no circumstances shall either Party be responsible to the other Party for any indirect, special, incidental or consequential damages incurred or suffered in connection with Products and/or Services provided under this Contract. 6.4. Contractor Provided Insurance. At all times during this Contract, Contractor shall obtain and maintain insurance according to the specifications indicated. 1. Contractor agrees to procure and maintain insurance coverage at its own expense during the term of this contract according to the following minimum specifications: a. Commercial General Liability with the following as minimum requirements: $3,000,000 — General Aggregate Limit other than Products/Completed Operations $3,000,000 — Products/Completed Operations Aggregate Limit $3,000,000 — Personal & Advertising Injury Limit $3,000,000 — Each Occurrence Limit $ 500,000 — Fire Damage Limit (Any One Fire) $ 10,000 —Medical Payments —Any One Person Insurance policy shall contain the following coverage(s): a Occurrence Form Broad Form Property Damage * Premises/Operations • Libel and Slander AKLAND COUNTY DEPARTMENT OF MANAGEMENT A DBUDGET-PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 10 Packet Page 98 of 174 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 0 Independent Contractors ® (Blanket) Broad Form contractual • Personal Injury — Delete Contractual Exclusion "A" • Per Location General Aggregate The total limits of general liability coverage required herein maybe satisfied with a combination of a Primary General Liability (and) Umbrella/Excess policy having not less than $3,000,000 in limits, specifically listing the Primary General Liability policy as underlying insurance. b. Workers' Compensation: Coverage A, with limits statutorily required by any applicable Federal or State law (and) Employers Liability Insurance, Coverage B with minimum limits of $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. C. Automobile Liability: with minimum limit of $1,000,000 Combined Single Limit per occurrence (including No -Fault as required by law) for all hired, leased, owned and non -owned vehicles. d. Professional Liability (Errors & Omissions): with minimum limits of $1,000,000 per occurrence and $1,000,000 per aggregate. e. Crime/Surety Coverage: Insurance in an amount not less than $1,000,000 covering against loss of money, securities, or other property referred to hereunder which may result from employee dishonest, forgery or alteration, theft, disappearance and destruction, computer fraud, burglary and robbery and made payable to the County of Oakland. f. Additional Insured: All policies of insurance, with the exception of Workers' Compensation, shall name the County of Oakland (as defined in this Contract) and County Agent (as defined in this Contract) as Additional Insured. 2. General Provisions: a. All Certificates of Insurance and policies of the contractor, any outside vendor or sub -contractor must maintain limits and coverages required by the Contractor and must meet and/or contain the following clauses and endorsements: AKLAND COUNTY DEPARTMENT OF MANAGEMENT A D BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 11 Packet Page 99 of 174 §7. COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION The insurance company(s) issuing the policy or policies shall have no recourse against the County of Oakland for payment of any premiums or for assessments under any form of policy. 2. Any and all deductibles or self -insured retentions in the above described insurance policies shall be assumed by and be for the account of, and at sole risk of, the contractor. All Certificates are to provide ninety (90) day written notice of material change, cancellation, or non -renewal. All Certificates of Insurance and Insurance Binders must be provided no less than ten (10) working days before commencement of work to the Oakland County Purchasing Division. 4. All Insurance carriers are subject to the approval of Oakland County and shall be licensed and approved to do business with the State of Michigan. 5. All policies shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by the County. GENERAL TERMS AND CONDITIONS 7.1. Access To County Facilities. While the Contractor retains the right to perform services at any time, the Contractor must obtain prior permission by the County for access to County facilities after the County's regular business hours. 7.2. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 7.3. Survival of Terms and Conditions. The following terms and conditions shall survive and continue in full force beyond the termination and/or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their very nature: "CONTRACTOR'S ASSURANCES AND WARRANTIES"; "CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION"; "Damage Clean Up To County Property and/or Premises "Audit"; "Severability"; "Governing Law/Consent To Jurisdiction And Venue"; and "Survival of Terms And Conditions". AKLAND COUNTY DEPARTMENT OF MANAGEMENT A D BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Packet Page 100 of 174 Page 12 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 7.4. County Right to Suspend Services. Upon written notice, the County may suspend performance of this Contract if Contractor has failed to comply with Federal, State, or Local laws, or any requirements contained in this Contract. The right to suspend services is in addition to the County's right to terminate and/or cancel this Contract. The County shall incur no penalty, expense, or liability to Contractor if the County suspends services under this Section. 7.5. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Contract does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to be indemnified, right to be subrogated to the Parties' rights in this Contract, and/or any other right, in favor of any other person or entity. 7.6. Compliance with Laws. Contractor shall comply with all federal, state, and local laws, statutes, ordinances, regulations, insurance policy requirements, and requirements applicable to its activities under this Contract. 7.7. Permits and Licenses. Contractor shall be responsible for obtaining and maintaining throughout the term of this Contract all licenses, permits, certificates, and governmental authorizations necessary to perform all of its obligations under this Contract and to conduct business under this Contract. Upon request by the County, Contractor shall furnish copies of any permit, license, certificate or governmental authorizations necessary to provide services under this Contract. 7.8. Discrimination. Contractor shall not discriminate against any employee or applicant for employment because of sex, race, religion, color, national origin, or handicap in violation of State and Federal law. 7.9. Reservation of Rights. This Contract does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the County. 7.10. Force Majeure. Notwithstanding any other term or provision of this Contract, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction, action, or request of the United States government or of any other government, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties. Reasonable notice shall be given to the affected Party of any such event. The Contractor is expected, through insurance or alternative temporary or emergency service arrangements, to continue its obligations under this contract in the event of a reasonably anticipated, insurable business risk such as business interruption and/or any insurable casualty or loss. 7.11. Conflict of Interest. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.321, et seq.), no contracts shall be entered into between the County, including all AKLAND COUNTY DEPARTMENT OF MANAGEMENT tD BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 13 Packet Page 101 of 174 itOAKL�� COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION agencies and departments thereof, and any County Agent. To avoid any real or perceived conflict of interest, Contractor shall identify any Contractor Employee or relative of Contractor's Employees who are presently employed by the County. Contractor shall give the County notice if there are any County Agents or relatives of County Agents who are presently employed by Contractor. 7.12. Damage Clean up to County Property and/or Premises. Contractor shall be responsible for any unexpected and/or unnecessary damage to any County property, its premises, or a County Agent that is caused by Contractor or Contractor's Employees. If damage occurs, Contractor shall make necessary repairs and/or replacements to the damaged property to the satisfaction of the County. If the damage cannot be repaired to the County's satisfaction, Contractor shall reimburse the County the actual reasonable cost for repairing or replacing the damaged property. The Contractor shall be responsible for assuring that all County and municipal sites are restored to their original condition. 7.13. Use of Confidential Information. Neither Party shall reproduce, provide, disclose, or give access to Confidential Information to any third party, or to any Party employee not having a legitimate need to know any such information and data, and shall not use the Confidential Information for any purpose other than performing its services under this Contract. Notwithstanding the foregoing, either Party may disclose the Confidential Information if required by law, statute or other legal process; provided that the disclosing party agrees to (i) give the other Party prompt written notice of an impending disclosure, (ii) provide reasonable assistance to the other Party in opposing or limiting the disclosure, and (iii) make only such disclosure as is compelled or required. In the event of a Freedom of Information Act request, a reasonable effort shall be made to provide notification of such required disclosure of confidential information to the other Party, prior to disclosure. 7.13.1. This Contract imposes no obligation upon Contractor with respect to any Confidential Information which Contractor can establish by legally sufficient evidence: (i) was in the possession of, or was known by Contractor, prior to its receipt from the County, without an obligation to maintain its confidentiality; or (ii) is obtained by Contractor from a third party having the right to disclose it, without an obligation to keep such information confidential. 7.13.2. As used in this Contract, Confidential Information means all information that the County is required or permitted by law to keep confidential, and marked/identified by a legend indicating such information is "Confidential." 7.14. Contractor Use of County Licensed Software. In order for the Contractor to perform under this Contract, the County may permit Contractor or Contractor Employees to access certain copyrighted Software licensed to the County. Contractor or Contractor Employees shall not: transfer, remove, use, copy, or otherwise provide or make available any such copyrighted Software or Documentation to any other person or entity, for any AKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 14 Packet Page 102 of 174 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION purpose, without the prior written consent of the County and/or the licensor. Furthermore, neither the Contractor nor Contractor Employee shall produce a source listing, decompile, disassemble, or otherwise reverse engineer any copyrighted Software. Neither the Contractor nor Contractor Employee shall use any copyrighted software contrary to the provisions of any applicable Software license agreement or state or federal law. 7.15. Grant Compliance. If any part of this Contract is supported or paid for with any state or federal funds granted to the County, the Contractor shall comply with all applicable grant requirements. 7.16. Dispute Resolution. All disputes arising under or relating to the execution, interpretation, performance, or nonperformance of this Contract involving or affecting the Parties may first be submitted to the respective Contract Administrators for possible resolution. The Contract Administrators may promptly meet and confer in an effort to resolve such dispute. If the dispute cannot be resolved in five (5) business days, the dispute may be submitted to the signatories of this Contract or their successors in office. The signatories of this Contract may meet promptly and confer in an effort to resolve such dispute. 7.17. Access and Records. Contractor will maintain accurate books and records in connection with the services provided under this Contract for 36 months after termination of this Contract, and provide the County with reasonable access to such book and records. 7.18. Audit. Contractor shall allow the County's Auditing Division, or an independent auditor hired by the County, to perform finance compliance audits with the authority to access all pertinent records and interview any Contractor Employee as customary, and upon reasonable advance notice to Contractor throughout the term of this Contract, and for a period of three years following the date of any final payment for Products and Services under the Contract. The cost of any audit shall be borne by the County. County shall make reasonable efforts to minimize business disruption to Contractor in performing any audit under this Contract. 7.18.1. Contractor shall explain any audit finding, questionable costs, or other Contract compliance deficiencies to the County within forty-five (45) days of receiving the final audit report. Contractor's response shall include all necessary documents and information that refute the final audit report. Failure by Contractor to respond in writing within 45 days shall be deemed acceptance of the final audit report. 7.19. Delegation /Subcontract/Assi ent. Contractor shall not delegate, assign, or subcontract any obligations or rights under this Contract without the prior written consent of the County. 7.19.1. The rights and obligations under this Contract shall not be diminished in any manner by assignment, delegation or subcontract. , AKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 15 Packet Page 103 of 174 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 7.19.2. Any assignment, delegation, or subcontract by Contractor and approved by the County, must include a requirement that the assignee, delegate, or subcontractor will comply with the rights and obligations contained in this Contract. 7.19.3. The Contractor shall remain primarily liable for all work performed by any subcontractors. Contractor shall remain liable to the County for any obligations under the Contract not completely performed by any Contractor delegate or subcontractor. 7.19.4. Should a Subcontractor fail to provide the established level of service and response, the Contractor shall contract with another agency for these services in a timely manner. Any additional costs associated with securing a competent subcontractor shall be the sole responsibility of the Contractor. 7.19.5. This Contract cannot be sold. 7.19.6. In the event that a Petition in Bankruptcy is filed and there is an assignment of this Contract by a Court, the County may declare this Contract null and void. 7.19.7. If any assumption, takeover, or unauthorized performance of Contractor's duties occurs without the County's prior written approval, this Agreement will become void for failure of its essential purpose. Such an act is a material breach of this Agreement, upon which the County may pursue any lawful remedy. 7.20. Non Exclusive Contract. No provision in this Contract limits, or is intended to limit, in any way the Contractor's right to offer and provide its services to the general public, other business entities, municipalities, or governmental agencies during or after the term of this Contract. Similarly, this Contract is a non-exclusive agreement and the County may freely engage other persons to perform the same work that the Contractor performs. Except as provided in this Contract, this Contract shall not be construed to guarantee the Contractor or any Contractor Employee any number of fixed or certain number or quantity of hours or services to be rendered to or goods to be purchased by the County. 7.21. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Contract shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Contract. No waiver of any term, condition, or provision of this Contract, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Contract. No waiver by either Party shall subsequently affect its right to require strict performance of this Contract. 7.22. Severability. If a court of competent jurisdiction finds a term, condition, or provision of this Contract to be illegal or invalid, then the term, condition, or provision shall be deemed severed from this Contract. All other terms, conditions, and provisions of this Contract shall remain in full force and effect. Notwithstanding the above, if Contractor's promise to indemnify or hold the County harmless is found illegal or invalid, Contractor shall contribute the maximum it is permitted to pay by law toward the payment and satisfaction of any Claims against the County. 1\17TeT (=r ePPt �rIeTAkAXTTlllf'Q\:....�....\77 C 117•!1!1 .!1!1l1Z MF./1.71 AKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 16 Packet Page 104 of 174 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 7.23. Captions. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Contract are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this contract. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this contract shall be deemed the appropriate plurality, gender or possession as the context requires. 7.24. Notices. Except for quarterly notices of price adjustments or catalogue changes, notices given under this Contract shall be in writing and shall either be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given when one of the following occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 7.24.1. If notice is sent to the Contractor, it shall be addressed to: OfficeMax Contract Inc. ATTN: Christopher Zott Manager, Business Relations 13301 Stephens Road Warren, Michigan 48089 Phone: 800/542-8787 ext. 7087 With a copy to: OfficeMax Inc. ATTN: General Counsel 150 E. Pierce Rd. Itafca, IL 60143 7.24.2. If notice is sent to the County, it shall be addressed to: Mr. Joseph Hylla, Manager Oakland County Purchasing Division 1200 N. Telegraph Road Pontiac, MI 48341 7.24.3. Either Party may change the address or individual to which notice is sent by notifying the other party in writing of the change. 7.25. Contract Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Contract must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by an expressly authorized Contractor Employee and by the same person who AKLAND COUNTY DEPARTMENT OF MANAGEMENT A D BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 17 Packet Page 105 of 174 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION signed the Contract for the County or other County Agent as authorized by the Oakland County Board of Commissioners. 7.26. Precedence of Documents. In the event of a conflict between the terms and conditions in any of the documents comprising this Contract, the conflict shall be resolved as follows: 7.26.1. If any conflicting terms or conditions are set forth in any Exhibits, purchase orders, invoices, or other documents, the terms and conditions contained in this main Contract document shall prevail and take precedence. 7.27. Governing Laws/Consent to Jurisdiction and Venue. This Contract shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Contract shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Contract to enforce such judgment in any appropriate jurisdiction. 7.28. Publicity. Contractor shall not disclose any details in connection with this Agreement to any person or entity except as may be otherwise provided herein or required by law. However, in recognizing Contractor's need to identify its services and related clients Contractor may publicize its role under this Agreement, provided: A. Contractor shall develop all publicity material in a professional manner. B. During the term of this Contract, Contractor shall neither authorize another to, nor publish or disseminate any commercial advertisements, press release, feature articles, or other materials using the name of COUNTY without the prior written consent of County, which consent shall not be unreasonably withheld. C. Contractor may, without the prior written consent of COUNTY, indicate in its proposals and sales materials that it has been awarded this Agreement by Oakland County, provided that the requirements of this Paragraph 7.29 shall apply. 7.29. Employment Eligibility Verification. Contractor warrants that it fully complies with all Federal statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Master Agreement meet the citizenship or alien status requirements set forth in Federal statutes and regulations. Contractor shall indemnify, defend, and hold harmless COUNTY, its officers, participating government agencies and employees from and against any sanctions and any other liability which may be assessed against Contractor or COUNTY in connection with any alleged violation of any Federal statutes or regulations pertaining to the eligibility for employment of any persons performing work hereunder. M1r AT r.T nnDl�Tln'T'n��xmnrc�a„....�[}.�}g.��7.nn'T7•nnnznnhn.71 OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 18 Packet Page 106 of 174 L, I COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION 7.30. "America Saves" Program. The County has determined to permit Contractor use of the terms and conditions of this Contract to sell Products to other governmental entities (a "Participating Agency"). The terms of such arrangement between County and Contractor are set forth in a separate agreement. In no event shall County be considered a dealer, remarketer, agent or other representative of Contractor. 7.31. Entire Contract. This Contract represents the entire Contract and understanding between the Parties. This Contract supercedes all other prior oral or written understandings, communications, agreements or Contracts between the Parties, and specifically, shall supersede and replace the Oakland County Purchasing Contract identified as contract 001260, dated June 01, 2006 between the Parties. The language of this Contract shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. \ A I'llQ I'll1 AKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 19 Packet Page 107 of 174 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION The undersigned executes this Contract on behalf of Contractor and the County, and by doing so legally obligates and binds Contractor and the County to the terms and conditions of this Contract. FOR THE CONTRACTOR: BY: m DATE:' appeared in person before me this day and executed this Contract on behalf of Contractor and acknowledged to me under oath that has taken all actions and secured any and all necessary approvals and authorizations and has the requisite authority from Contractor to fully and completely obligate and bind Contractor to the terms and conditions of this Contract and any and all other documents incorporated by reference and also acknowledged to me under oath having been provided with copies and having read and reviewed all Contract documents including all documents incorporated by reference. Subscribed and sworn to before me on this day of Notary Public My Commission Expires: FOR THE COUNTY: 2006. County, Michigan BY: ;' DATE: ()`— �._ Joseph Hylla, Manager, Oakland County Purchasin epartment AKLAND COUNTY DEPARTMENT OF MANAGEMENT A D BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES CONTRACT NUMBER 001260 Page 20 Packet Page 108 of 174 COUNTY L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION AGREEMENT GRANTING OFFICEMAX CONTRACT, INC. PERMISSION TO USE OAKLAND COUNTY'S MASTER PURCHASING AGREEMENT IN ITS "AMERICA SAVES" PROGRAM PURPOSE: 1. After a competitive bidding and selection process by Oakland County, OfficeMax Contract, Inc. ("Contractor") and the County (County) entered into a Master Purchasing Agreement, Contract Number 001260 (Master Agreement) which provides for the purchase of various office supplies and equipment (the "Products") from Contractor; 2. Contractor desires to extend the same terms, covenants and conditions available to County under the Master Agreement to other government agencies ("Participating Agency") which, in their discretion, desire to make purchases under the Master Agreement according to the terms and conditions stated therein; 3. Contractor desires to use the County as a reference and to identify it as a Party to the Master Agreement when Contractor extends the terms, covenants and conditions of the Master Agreement to Participating Agencies; 4. The County, recognizing the benefits and savings that extended purchasing programs can offer to Participating Agencies, and through them, to the taxpayer, desires to make the Master Agreement available to Participating Agencies to enable Participating Agencies to purchase Products on the same terms, covenants, conditions, and pricing as County, subject to any applicable laws, regulations and ordinances of the State of purchase; NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the Parties agree as follows: 1. The County agrees to be identified and named as a Party to the Master Agreement that will be used in Contractor's extended purchasing program, known as "America Saves." 2. The County's role, duties and participation in "America Saves" shall be only as specifically set forth in this section. Contractor shall strictly limit its portrayal of the role of the County as set forth herein. Any representations by Contractor that the County's role exceeds the role described below shall automatically terminate this Agreement. a) The County agrees to place a copy of its Master Agreement with Contractor on the County website. {\\1TALGLAPPI\DATA\WDOCS\itasca\225112:0077:00033927: } Packet Page 109 of 174 L. BROOKS PATTERSON-COUNTY EXECUTIVE frOAKL OAKLAND COUNTY COUNTY PURCHASING DIVISION b) The County agrees to place a copy of this Agreement granting Contractor permission to use the Master Agreement in its "America Saves" Program on the County website. c) The County agrees to place information regarding its competitive bidding procedures on the County website. d) The County agrees to include a statement that any other governmental entity which elects to purchase under the Agreement between the County and Contractor may do so without objection by the County. e) The County agrees to identify a County contact on its website. The identified County contact will respond to inquiries about the Agreement between Contractor and the County. The information will include an email address and telephone number. The identified County contact will be instructed to respond to inquiries within a reasonable time, not to exceed 10 business days. f) The County will provide information in the following categories in response to inquiries from other governmental entities: i. The contract execution and expiration dates. ii. The sums expended by the County under the contract. iii. The County procedure for ordering under the contract. iv. A summary of items purchased under the contract. V. Contractor's procedure for delivering items to the County and County's procedures for accepting items. vi. The County's procedure for returning defective or unsatisfactory items to Contractor. vii. The benefits that will accrue to the County if the inquiring entity purchases under the County's Master Agreement. viii. Citations to relevant Michigan statutes and court rules dealing with intergovernmental agreements, purchasing policies, jurisdiction and conflict of laws. 3. In every instance and circumstance in which the Contractor offers for sale or sells any Products to any Participating Agency by or through "America Saves" according to the tenns and conditions of the Contract between itself and the Oakland County, it shall: a) Sell the various Products to the Participating Agency pursuant to the terms and conditions of the Master Agreement. b) Comply with the relevant laws, regulations and ordinances and respective procurement practices governing the Participating Agency's operation and purchase. c) Comply with the law and venue of the State in which such purchases are made in resolving any disputes between Participating Agency and Contractor which may arise out of use of the County's Master Agreement. d) Advise the Participating Agency that the Master Agreement is not exclusive and that purchases made under this Agreement are at the sole discretion of the Participating Agency. {\\iTALGLAPPt \DATA\WDOCS\itasca\225112:0077:00033927: } Packet Page 110 of 174 0) L. BROOKS PATTERSON-COUNTY EXECUTIVE COAKL OAKLAND COUNTY COUNTY PURCHASING DIVISION e) Advise the Participating Agency that the County's permission allowing Contractor to use its Master Agreement for "America Saves" is not and should not be construed as an endorsement of any particular item or product available under the Master Agreement. f) Advise the Participating Agency that the County's permission allowing Contractor to use its Master Agreement for "America Saves" is not and should not be construed as a warranty that the prices available under the Master Agreement are the lowest prices available. g) Advise the Participating Agency that the County assumes no liability, of any sort whatsoever, for any damage, injury or harm of any kind that may arise from use of any Products that the Contractor offers for sale pursuant to the terms and conditions of the Master Agreement and the Participating Agency selects for purchase. h) As set forth in the Contract between OfficeMax and the County, OfficeMax will provide the Participating Agency with a Volume Incentives, based upon total net annual Net Purchases by Participating Agency: Annual Net Purchases Incentive $0 to 500,000 .5% $500,001 to $999,999 1% $1,000,000 + 2% i) As defined in the Contract between OfficeMax and the County, "Net Purchase" for purposes of this Section 3 means the aggregate purchases from Contractor of Products under this Agreement, net of (i) returns/cancelled orders, (ii) applicable taxes, (iii) credits, and (iv) shipping/handling fees separately billed. j) As set forth in the Contract between OfficeMax and the County, OfficeMax will provide the Participating Agency with an Electronic Commerce Incentive of 1 % of total Net Purchase volume. To qualify for the Electronic Commerce Incentive, greater than 75% of sales dollars must by processed electronically. k) As set forth in the Contract between OfficeMax and the County, OfficeMax will provide the Participating Agency prompt payment terms of 2% additional discount if payment is made withinl0 days following receipt or net 30 based on daily billing. This must by paid via Electronic Fund Transfer (EFT). If EFT is not used, then the incentive or discount does not apply. 1) In addition to the other terms and conditions related to purchases made pursuant to the Contract, OfficeMax will provide the Participating Agency a new account conversion allowance of 5% of the 1 st 60 day's sales to new entities that join the "America Saves" program via OfficeMax. m) If the Participating Agency spends less than $50,000 per year, a 5% markup over the "core item" pricing will be applied. This additional fee covers incremental start-up, ongoing management, and maintenance costs for accounts with lower volumes. n) Assume all responsibility for notifying potential Participating Agencies that the County's Master Purchase Agreement is available in its "America Saves" program. o) Deal directly with the Participating Agency regarding ordering, issuing purchase orders, {\\ITALGLAPP 1 \DATA\WDOCS\itasca\225112:0077:00033927: ) Packet Page 111 of 174 L. BROOKS PATTERSON-COUNTY EXECUTIVE IrOAKLA1D= OAKLAND COUNTY COUNTY PURCHASING DIVISION delivery, invoicing, payment and contractual disputes. p) Agree to the addition of other acceptable terms and conditions, at the request of the Participating Agency, provided the additional terms and conditions do not conflict with the terms and conditions of the Master Agreement. If the Participating Agency and the Contractor are unable to agree to other terms and conditions requested by the Participating Agency, the Contractor is under no obligation to sell any good or service to the Participating Agency. q) Pay the County an administrative fee as described in Section 11 for performing the work involved to make the Master Agreement available and to permit its use by Participating Agencies. 4. All Contractor's printed and electronic promotional materials for "America Saves" shall carry disclaimers regarding 3(d), (e), (f) and (g) (above). 5. The County shall have no liability for any costs or damages if the Contractor and the Participating Agency dispute the terms and conditions of the Master Purchase Agreement and/or any additional terms or conditions between them and/or costs or damages incurred by a Participating Agency. 6. Contractor agrees to indemnify, defend, and hold County harmless in and from any dispute or claim, of any kind or type, including, by way of example and not limitation, any action contemplated or brought in any court, arising from or related to any solicitation, offer to sell, actual sale or dispute regarding any product, including any warranty disputes, product liability claims and any and all promotional or other activity related to "America Saves." 7. In no. event shall the County be considered a dealer, remarketer, agent or other representative of Contractor. 8. This Agreement is effective on June 01, 2006, and shall expire at midnight, May 31, 2009, (the "Term"). This Agreement may be extended upon mutual agreement of the Parties provided the underlying Master Agreement has not expired by its own term or been terminated for any reason by action of either Party. Either Party may terminate this Agreement upon 30 days' prior written notice to the other Party for any reason including convenience. Termination of this Agreement shall not affect the Master Purchase Agreement between the County and Contractor. 9. This Agreement shall not interfere with the County's statutory and legal obligation to engage in a fair and impartial bidding process at regularly prescribed intervals. Nor shall any benefit that may be derived by the County as a result of this Agreement be deemed or considered to be an inducement or to create an incentive to circumvent the County's sealed bid process on behalf of Contractor. Selection of an alternate bidder shall automatically terminate this Agreement. Upon termination of this Agreement for any reason, including convenience, any and all provisions regarding the County's right to indemnification, subrogation, and {\\ITALGLAPP 1\DATA\WDOCS\itasca\225112:0077:00033927:} Packet Page 112 of 174 0 L. BROOKS PATTERSON-COUNTY EXECUTIVE COAKLOAKLAND COUNTY COUNTY PURCHASING DIVISION limitations of liability shall survive such termination and continue in full force and effect. 10. In addition to any other incentives for which the County may be eligible, the County shall be entitled to an Administrative Fee on Quarterly total Net Purchases made by Participating Agency(s) as follows: Quarterly Net Purchases Administrative Fee $0 to $500,000 1.5% $500,001 to $1,000,000 1% $1,000,001 + .5% 11. Payment of the administrative fee shall be made quarterly by Contractor to the County. Payment shall be accompanied by a written report identifying all purchases shipped and billed during the applicable quarter. Contractor shall have no claim or right to all or any portion of the Fee. Failure to submit fees and reports within 30 days of the end of a quarter shall be a material breach of this Agreement. 12. Reports and Fees shall be submitted to the County no later than thirty (30) days after the end of the applicable quarter. The Report shall contain sufficient information to permit the County to compare the administrative fee to the actual expenditures of the Participating Agencies based on actual payments to Contractor by the Participating Agencies. 13. The County will notify Contractor in writing of discrepancies between its sales and the County's administrative fee. Contractor shall have 30 days to correct such discrepancies, including correcting any under payment to the County. In addition to any audit rights set forth in the Master Agreement, the County may perform a financial and compliance audit of Contractor's records regarding sales using the County's Master Agreement in its "America Saves" Program. Any such audit shall be limited in scope to annual net purchases only, and shall not contain confidential information concerning the Participating Agencies. 14. Integration/Modification. This Agreement (including attachments hereto, if any) constitutes the entire agreement of the Parties relating to the use of the County's Master Purchase Agreement by Contractor in its sales to any other governmental entities. This Agreement supersedes any and all prior written and oral agreements or understandings concerning the use of the Master Purchase Agreement for sales to other governmental entities. This Agreement may only be modified by written amendment, signed by an authorized representative of each Party. 15. Governing Law. This Agreement shall be governed by and interpreted according the laws of the State of Michigan, without regard to its choice of law provisions. Any disputes between Participating Agency and Contractor which may arise out of the Agreement shall be resolved in accord with the law and venue of the State in which such purchases are made. {\\ITALGLAPP 1 \DATA\WDOCS\itasca\225112:0077:00033927:} Packet Page 113 of 174 5 COAKL� COUNTY L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. OfficeMiax'Contract, Ina: ­� COUNTY /—,- w" //V . (\\ITALGLAPP 1 \DATA\WDOCS\itasca\2251.12:0077:00033927:) Packet Page 114 of 174 10 AM-1022 Interfund Loan Ordinance Council Committee Meetings 2.D. Date: 06/12/2007 Submitted By: Kathleen Junglov, Administrative Services Time: 5 Minutes Department: Administrative Services Type: Action Committee: Finance Information Subject Title Interfund Loan Ordinance Recommendation from Mayor and Staff Approve Interfund Loan Ordinance. Previous Council Action None Narrative Currently the Interfund Loan Program is administered under Ordinance #3431 as codified in ECC 03.22.010. As written, both address establishing Interfund Loans in situations that are now infrequent in nature or no longer applicable. Administrative Services is requesting the Ordinance and Code be modified to allow the Administrative Services Director to establish Interfund loans as may be required by situations presented, with quarterly reporting to Council as part of the Quarterly Budget Reports. A total of three Interfund Loans have been established in the last three years. Link: Interfund Loan Ordinance Route Seq Inbox 1 Admin Services 2 City Clerk 3 Mayor 4 Final Approval Form Started By: Kathleen Junglov Final Approval Date: 06/06/2007 Fiscal Impact A tt� �h m n"tc Form Routing/Status Approved By Date Status Dan Clements 06/06/2007 11:39 AM APRV Sandy Chase 06/06/2007 11:44 AM APRV Gary Haakenson 06/06/2007 01:55 PM APRV Sandy Chase 06/06/2007 01:56 PM APRV Started On: 06/05/2007 01:03 PM Packet Page 115 of 174 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 3.22 INTERFUND LOANS TO AUTHORIZE IN GENERAL THE ADMINISTRATIVE SERVICES DIRECTOR TO MAKE INTERFUND LOANS BETWEEN FUNDS AS NEEDED, AND TO MODIFY FREQUENCY OF REPORTING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, it has been the City's experience that interfund loans are not required to cover deficit in the general fund; and WHEREAS, it has been the City's experience that in most situations when interfund loans are needed, the emergency financial reserve fund No. 006 is administratively no a practical lender fund; and WHEREAS, it has been the City's experience that interfund loans are more commonly made between other City funds unrelated to the general fund or the emergency financial reserve fund No. 006, and WHEREAS, the City Council deems it appropriate to authorize the Administrative Services Director to administer the interfund loan program, subject to regular reporting to the City Council, on an "as needed" basis to keep the different funds of the City solvent, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: - 1 - L:\Productiondb\CCOLJNCIL\0015-1022-Interfund Loan Ordinance.DOC Packet Page 116 of 174 Section 1. ECC 3.22.010 Interfund loans authorized is hereby amended by to read as follows: as follows: 3.22.010 Interfund loans authorized. The Administrative Services Director is hereby authorized to administer an interfund loan program. The Administrative Services Director shall make interfund loans as needed to keep the funds of the City solvent. In conjunction with interfund loans, the Administrative Services Director shall prepare a planned schedule of repayment of the loan principal plus applicable interest. A reasonable rate of interest based on external rate available to the City shall be charged by the lending fund, unless the borrowing fund has no other source of revenue other than the lending fund, or is normally funded by the lending fund. In addition, the borrowing fund must anticipate sufficient revenues to be in a position over the period of the loan to make the specified principal and interest payments. Section 2. ECC 3.22.020 Report to the City Council is hereby amended by to read 3.22.020 Report to the City Council. The Administrative Services Director shall, as needed but not less frequently than once a quarter, include a report of any such loans and subsequent repayments to the City Council in conjunction with the Administrative Services Director's quarterly budget reports to the City Council. Any City Council member may request or the Mayor direct the Administrative Services Director to make such additional reports as may be necessary to fully inform the City Council of any revenue deficit or interfund loan or similar transfer. Section 3. 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 4. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is an administrative and legislative act not subject to - 2 - L:\Productiondb\CCOUNCIL\00I5 1022 Interfund Loan Ordinance.DOC Packet Page 117 of 174 referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IB'd W. Scott Snyder - 3 - L:\Productiondb\CCOLJNCIL\0015-1022-Interfund Loan Ordinance.DOC Packet Page 118 of 174 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2007, 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 THE PROVISIONS OF CHAPTER 3.22 INTERFUND LOANS TO AUTHORIZE IN GENERAL THE ADMINISTRATIVE SERVICES DIRECTOR TO MAKE INTERFUND LOANS BETWEEN FUNDS AS NEEDED, AND TO MODIFY FREQUENCY OF REPORTING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of 92007. CITY CLERK, SANDRA S. CHASE {BFP663812.DOC;1/00006.900030/}- 4 - Packet Page 119 of 174 AM-1018 2.E. Surplus Assets Council Committee Meetings Date: 06/12/2007 Submitted By: Erin Monroe, Administrative Services Submitted For: Dan Clements Time: 10 Minutes Department: Administrative Services Type: Action Committee: Finance Information Subject Title Surplus Assets Recommendation from Mayor and Staff We recommend the Council authorize the items on the list to be surplused in the manner suggested by Jim Stevens, Facilities Maintenance Manager. Any proceeds received from the sale of these items will be receipted into the General Fund. Previous Council Action None. Narrative Attached is a list of items provided by Jim Stevens, Facilities Maintenance Manager. These items were originally purchased by the City, but have been deemed as unusable or no longer needed for City purposes. The list indicates a description of the asset, its current condition, an estimated fair market value, and a recommended disposition of the item. Staff s time to dispose the item is not considered in the calculation. Fiscal Impact Attachments Link: Surplus Assets 6-12-07 Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Dan Clements 06/06/2007 01:24 PM APRV 2 City Clerk Sandy Chase 06/06/2007 01:44 PM APRV 3 Mayor Gary Haakenson 06/06/2007 01:55 PM APRV 4 Final Approval Sandy Chase 06/06/2007 01:56 PM APRV Form Started By: Erin Started On: 06/04/2007 03:16 Monroe PM Final Approval Date: 06/06/2007 Packet Page 120 of 174 City of Edmonds Surplus Equipment Facilities Maintenance Department DATE: 4-26-07 Condition - Date Working/Not Est FMV Publicaly Working/ (net Minimum Disp. Date Announced Fund Asset/ Tag Broken parts, disposal price (if Option Approved (If N/A, give Date Buyer / Place Purchase (costs / Located # Property Description Brand Model # Serial # etc. costs) applicable) by Council reason) Disposed Disposed Price revenue) OPW EPD980 Trash compactor Kenmore 1398580 D8295877 front panel dents $25 T OPW Whiteboard Ram Industries 16" X 20" Scarred badly 0 T OPW Wooden desk 7 drawer 60 X 33 x 30" Scarred badly 0 T OPW Laminate covered desk 1 drawer 60 X 30 X 29" O.K. $51 T Traction feed printer table with OPW open metal trays 24 x 24 x 29" O.K. 0 T OPW Typewriter pad 15" x 17" Gray O.K. 0 T OPW Typewriter pad 15" x 17" Beige O.K. 0 T Double -sided carrel top, no OPW legs 42 x 36" Bad 0 T Side table, wood and beige OPW laminate, metal legs Martins 22526 Two holes in top 0 T Office chair, blue, 5 casters, OPW 5312 armless Hon 91987 O.K. $1 T Stacking chair, yellow, fabric OPW upholstery, arms Delwood Furniture Dirty 0 T Stacking chair, brown, fabric OPW upholstery, arms Dirty 0 T File cabinet, steel, 4- Badly scratched & OPW 3077 drawer,vertical, legal sized dented 0 T OPW Clay planter and base 11" die. X 11" h. O.K. 0 T Stacking chairs, blue plastic, OPW 'sled'style, 14 ea. Krueger Matrix O.K. $5 T Very dirty and OPW Office chair, blue fabric, arms Lund's worn 0 T OPW 0123 Steel underdesk cabinet, blue 17 X 33 X 29" Bad condition I 0 I T Office chair with arms, brown OPW upholstered Superior Chaircraft Torn 0 T Folding table, gray laminate Comers broken OPW and particle board Fort Smith 30 X 72" out 0 T *Disposal Options A Auction B Bid (sealed) I Internet online auction N Newspaper advertisement "For Sale" O Other P Private seller (negotiated price) s Scrapped T Trash can/dumpster (only if meets specific guidelines set forth in the policy) L:\Productiondb\CCOUNCIL\0017_1018_Surplus Assets FM 6-12-07.xls 6/8/20071:59 PM Packet Page 121 of 174 Condition - Date Working/Not Est FMV Publically Working/ (net Minimum Disp. Date Announced Fund Asset/ Tag Broken parts, disposal price (if Option Approved (If N/A, give Date Buyer / Place Purchase (costs / Located # Property Description Brand Model # Serial # etc. costs) applicable) * by Council reason) Disposed Disposed Price revenue) Desk, beige laminate and OPW 03213 wood, 2 drawer O.K. $5 T OPW 6179 12" miter saw Dewalt 7790 0387 ? $10 T Undercounter refrigerator/ OPW freezer Subzero 249R M379132 ? 0 T Straight chair, steel with brown OPW EPD133 upholstery Shaw Walker Co. (made in 1962) ? 0 T OPW Centrifugal exhaust fan Central Blower 9B1DD-C1SR 32006 ? 0 T OPW Centrifugal exhaust fan Central Blower 9B1DD-C1SR 1 32007 ? 01 T Side chair with arms, OPW burgundy upholstery Steelcase Tom upholstery 0 T Bookshelf, black painted OPW wood, 5 adj. shelves 36.5 X 72 X 12" O.K. $1 T Bookshelf, wood pattern OPW laminate, 5 adj. shelves 36 X 72 X 12" O.K. $1 T OPW Desk, child -size, wood 24 X 42 X 26" 1 Bad stains 01 T Nicked and OPW Credenza, charcoal laminate 24 X 72 X 29" scratched 0 T Desk return (modifed to stand OPW alone), charcoal lam. 22 X 48 X 29" Bad shape 0 T File drawer, rolling, gray metal Nicked and OPW (no key, one drawer) 13 X 24 x 29" scratched 0 T Steel shelving, adjustable, OPW gray, 4 units various sizes Scrap value 01 T File Cabinet, gray steel, 4 Scratches and OPW drawer vertical legal size Steelcase 18 X 29 X 53" dents 0 T File Cabinet, gray steel, 4 Scratches and OPW drawer vertical legal size Steelcase 18 X 29 X 53" dents 0 T Straight chair, steel with black Cuts in fabric and OPW upholstery United Chair dirty 0 T OPW Washing Machine, 240 V. only ASKO 11505 Needs $300 part scrap only I S File cabinet, black metal, GND 01004/EPD8 legal, 4-drawer vertical Wesco 18 X 28 X 52" 0 T No co-ax coon., GND 03261 Television RCA FFR45OW 145480482 mechanical tuner 0 T GND Check printer, mechanical Paymaster Series 7000 8P138128 $5 T *Disposal Options A Auction B Bid (sealed) I Internet online auction N Newspaper advertisement "For Sale" O Other P Private seller (negotiated price) S Scrapped T Trash can/dumpster (only if meets specific guidelines set forth in the policy) L:\Productiondb\CCOUNCIL\0017_1018_Surplus Assets FM 6-12-07.xls 6/8/20071:59 PM Packet Page 122 of 174 Located Asset/ Tag # Property Description Brand Model # Serial # Condition - Working/Not Working/ Broken parts, etc. Est FMV (net disposal costs) Minimum price (if applicable) Disp. Option * Date Approved by Council Date Publically Announced (If N/A, give reason) Date Disposed Buyer / Place Disposed Purchase Price Fund (costs / revenue) GND Aluminum intake/exhaust grilles, 5 ea. 30 X 36" and larger I brand new scrap onlyl S GND Box wrap -around plastic fluorescent fixture lenses 4' length yellow, aged 0 T GND Metal roofing cap material various lengths, new scrap only S GND Lockers old, totally disassembled scrap only S GND Windows var. sizes, shapes new scrap only S *Disposal Options A Auction B Bid (sealed) I Internet online auction N Newspaper advertisement "For Sale" O Other P Private seller (negotiated price) S Scrapped T Trash can/dumpster (only if meets specific guidelines set forth in the policy) L:\Productiondb\CCOUNCIL\0017_1018_Surplus Assets FM 6-12-07.xls 6/8/20071:59 PM Packet Page 123 of 174 AM-1030 Back -Up Server Acquisition Council Committee Meetings Date: 06/12/2007 Submitted By: Dan Clements, Administrative Services Time: 10 Minutes Department: Administrative Services Type: Action Committee: Finance Information Subject Title Back -Up Server Acquisition of $38,000 2.F. Recommendation from Mayor and Staff Recommend appropriating funds for the acquisition of back-up servers used to eliminate single point of failures. Previous Council Action None. Narrative Since April, the IT staff have been tasked with identifying single points of failure within the City's network. In the past year the core financial system has been down for multiple days, the on-line payment system has seen sporadic outages, and the e-mail system has been periodically out. These acquisitions will provide redundant support for these critical applications. The acquisition cost will be split between General Fund/Utilities/Treatment Plant on an estimated 60%/35%/5% basis. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox 1 City Clerk 2 Mayor 3 Final Approval Form Started By: Dan Clements Approved By Date Status Sandy Chase 06/07/2007 11:41 AM APRV Gary Haakenson 06/07/2007 11:46 AM APRV Sandy Chase 06/07/2007 11:50 AM APRV Started On: 06/07/2007 10:34 AM Final Approval Date: 06/07/2007 Packet Page 124 of 174 AM-1028 2.G.i. Broadband Business Case Contract Council Committee Meetings Date: 06/12/2007 Submitted By: Dan Clements, Administrative Services Time: 5 Minutes Department: Administrative Services Type: Action Committee: Finance Information Subject Title Broadband Business Case Contract Recommendation from Mayor and Staff It is recommended that the Mayor be authorized to execute a contract with DynamicCity in the amount not to exceed $41,000 for a broadband business study. Previous Council Action The 2006 budget contained $120,000 to link City fiber with the Westin in Seattle, and study the feasibility of a city-wide broadband network. On May 8 the Finance Committee approved appropriating $25,000 for a business plan study, and this was approved by the full Council on May 20. Narrative Formal responses to the business plan proposal were received on June 6. The DynamicCity response was $41,000, and the Motorola response was $350,000 plus expenses. The $25,000 estimate was based upon informal conversations with several parties who have traditional uses for fiber networks. The additional expenses are associated with examining the market and cost feasibility of municipal uses such as smart metering, video arraignment, and the possibility of provisioning other areas of south Snohomish County. Of the original $120,000 project budget, $85,000 has been appropriated and $10,000 of this amount remains unspent. This would leave approximately $4,000 of the original $120,000 remaining. Fiscal Impact Attnehmontc No files) attached. Form Routing/Status Route Seq Inbox 1 City Clerk 2 Mayor 3 Final Approval Form Started By: Dan Clements Approved By Date Status Sandy Chase 06/07/2007 09:59 AM APRV Gary Haakenson 06/07/2007 10:38 AM APRV Sandy Chase 06/07/2007 10:41 AM APRV Started On: 06/06/2007 11:12 AM Packet Page 125 of 174 Final Approval Date: 06/07/2007 Packet Page 126 of 174 AM-1026 Fiber Optic Equipment Appropriation Council Committee Meetings Date: 06/12/2007 Submitted By: Dan Clements, Administrative Services Department: Administrative Services Committee: Finance Information Subject Title Fiber Optic Equipment Acquisition Time: Type: 2.G.ii. 15 Minutes Action Recommendation from Mayor and Staff Approve appropriating $56,200 for fiber optic switching, routing, and cabeling equipment. Previous Council Action The 2006 budget contained $120,000 to link City fiber with the Westin in Seattle, and study the feasibility of a city-wide broadband network. There is currently a request before Council to award the business plan consulting contract. These fiber link and business plan will essentially expend the $120,000. Narrative This equipment is needed to provide a means of "splitting" the City's fiber optic cable running from the Westin so it can be used by multiple entities. The City is currently collecting $1,200/month for a single direct connection. It was originally anticipated that additional commercial use of the City's fiber network would wait until completion of the formal business plan. However, as the attachedpro formas show, the addition of Edmonds School District and Edmonds Community College as customers would result in the equipment being paid for withing two years. This also would result in cost savings and increased service for both of these educational systems. If additional public entities participate, the payback is fairly dramatically accelerated. It is anticipated that the business plan will be completed in early Fall, and summer is the optimal time to connect educational users. Aside from use by other entities, this equipment will enable the City to begin a serious evaluation of activities such as video arraignments, which would result in greatly reduced Police Officer transportation time for court activities. It is proposed that the purchase of this equipment be made from the General Fund, and that revenues generated be used to repay the General Fund. Any additional revenues would flow to the General Fund. Fiscal Impact Attachments Packet Page 127 of 174 Link: Broadband Business Case Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 06/07/2007 10:40 AM APRV 2 Mayor Gary Haakenson 06/07/2007 10:44 AM APRV 3 Final Approval Sandy Chase 06/07/2007 11:41 AM APRV Form Started By: Dan Started On: 06/06/2007 10:21 Clements AM Final Approval Date: 06/07/2007 Packet Page 128 of 174 Broadband Business Case: Initial Customer Analysis Last week staff prepared out a first look at a pro forma for our proposed fiber optic network, and will be a discussion topic at Thursday morning's CTAC meeting and the June 12 Finance Committee meeting. This examples below deal with only providing service to three customers: Edmonds School District, Edmonds Community College, and NetRiver. Below are two scenarios based on the discussions we have had so far with these entities. FIGURE 1: THREE CUSTOMER PRELIMINARY PRO FORMA Item:: Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 6 Yr Total Scenario 1: High Utilization Net Revenue 8,225) 52,591 52,591 57,217 57,217 57,217 268,606 Scenario 2: Current Utilization Net Revenue 33,002 31,052 31,052 38,916 38,916 38,916 145,850 It very much looks like the cost savings that the school district and community college can achieve are transferable to other public entities such as cities, ports, dispatch, and fire districts. We ran the model with three additional entities participating and below are the results. FIGURE 2: SIX CUSTOMER PRELIMINARY PRO FORMA Item:: Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 6 Yr Total Scenario 1: High Utilization Net Revenue 38,032 98,848 98,848 103,474 103,474 103,474 546,151 Scenario 2: Current Utilization Net Revenue 1,547 62,507 62,507 70,371 70,371 70,371 334,581 There is pretty easily a market for 15-20 public entities in our immediate area. These figures do not include potential opportunities like NetRiver really taking off, providing access to other for profit companies, or setting up a broadband network for local residents and businesses. The bottom line is that, so far, this looks quite encouraging. On the increased service and cost reduction side of the ledger, this also gets us much of the infrastructure needed to provide for things like video arraignments, streaming of Council meetings over the Internet, and wireless communications with our public safety and field crews. The more detailed spreadsheets backing up these estimates follow as attachments. C:APROJECTS\FIBER W IFIABROADBAND BUSINESS CASE.DOC Packet Page 129 of 174 Broadband Business Case, Page 2 FIGURE 3: THREE CUSTOMER MODEL Scenario 1: High Utilization Revenues: Mbit Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 6 Yr Total Edmonds Community College 20-30 23,129 23,129 23,129 27,754 27,754 27,754 152,650 Edmonds School District 20-30 23,129 27,754 27,754 27,754 27,754 27,754 161,901 Net -River Provider n/a 30,000 30,000 30,000 30,000 30,000 30,000 180,000 T-1 Remaining Cost Reduction 10 8,600 8,600 8,600 8,600 8,600 8,600 51,600 Revenue Sub -Total n/a 1 84,857 89,483 89,483 94,109 94,109 1 94,109 546,151 Expenditures: Equipment/Facilities n/a 46,190 0 0 0 0 0 0 Fiber Runs n/a 10,000 0 0 0 0 0 0 Equipment Support Annual n/a 3,292 3,292 3,292 3,292 3,292 3,292 19,754 Transport Fee Annual n/a 33,600 33,600 33,600 33,600 33,600 33,600 201,600 Expenditure Sub Total n/a 93,083 36,892 36,892 36,892 36,892 36,892 277,545 Net Revenue n/a 8,225 52,591 52,591 57,217 57,217 1 57,217 268,606 Scenario 2: Current Utilization Revenues: Mbit Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 6 Yr Total Edmonds Community College 20-30 15,728 15,728 15,728 23,591 23,591 23,591 117,957 Edmonds School District 20-30 15,728 23,591 23,591 23,591 23,591 23,591 133,684 Net -River Provider n/a 24,000 24,000 24,000 24,000 24,000 24,000 144,000 T-1 Remaining Cost Reduction 10 4,626 4,626 4,626 4,626 4,626 4,626 27,754 Revenue Sub -Total n/a 60,081 67,945 67,945 75,808 75,808 1 75,808 423,395 Expenditures: Equipment/Facilities n/a 46,190 0 0 0 0 0 0 Fiber Runs n/a 10,000 0 0 0 0 0 0 Equipment Support Annual n/a 3,292 3,292 3,292 3,292 3,292 3,292 19,754 Transport Fee Annual n/a 33,600 33,600 33,600 33,600 33,600 33,600 201,600 Expenditure Sub Total n/a 93,083 36,892 36,892 36,892 36,892 36,892 277,545 Net Revenue n/a 33,002 31,052 31,052 38,916 38,916 1 38,916 145,850 Scenario 2: Current Utilization/Three Year Exposure Revenues: Mbit Year 1 Year 2 Year 3 3 Yr Total Edmonds Community College 20-30 15,728 15,728 15,728 47,183 Edmonds School District 20-30 15,728 23,591 23,591 62,910 Net -River Provider n/a 24,000 24,000 24,000 72,000 T-1 Remaining Cost Reduction 10 4,626 4,626 4,626 13,877 Revenue Sub -Total n/a 1 60,081 67,945 67,945 195,970 Expenditures: Equipment/Facilities n/a 46,190 0 0 0 Fiber Runs n/a 10,000 0 0 0 Equipment Support Annual n/a 3,292 3,292 3,292 9,877 Transport Fee Annual n/a 33,600 33,600 33,600 100,800 Expenditure Sub Total n/a 1 93,083 1 36,892 1 36,892 1 166,868 Net Revenue n/a 33,002 31,052 1 31,052 1 29,102 Packet Page 130 of 174 Broadband Business Case, Page 3 FIGURE 4: SIX CUSTOMER MODEL Scenario 1: High Utilization Revenues: Mbit Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 6 Yr Total Edmonds Community College 20-30 23,129 23,129 23,129 27,754 27,754 27,754 152,650 Edmonds School District 20-30 23,129 27,754 27,754 27,754 27,754 27,754 161,901 Customer One 10 Mbit 10-10 11,564 11,564 11,564 11,564 11,564 11,564 69,386 Customer Two 10 Mbit 10-10 11,564 11,564 11,564 11,564 11,564 11,564 69,386 Customer Three 20 Mbit 20-20 1 23,129 23,129 23,129 23,129 23,129 1 23,129 23,129 Net -River Provider n/a 30,000 30,000 30,000 30,000 30,000 30,000 180,000 T-1 Remaining Cost Reduction 10 8,600 8,600 8,600 8,600 8,600 8,600 51,600 Revenue Sub -Total n/a 131,115 135,741 135,741 140,366 140,366 140,366 823,695 Expenditures: Equipment/Facilities n/a 46,190 0 0 0 0 0 0 Fiber Runs n/a 10,000 0 1 0 0 0 1 0 0 Equipment Support Annual n/a 3,292 3,292 3,292 3,292 3,292 3,292 19,754 Transport Fee Annual n/a 33,600 33,600 33,600 33,600 33,600 33,600 201,600 Expenditure Sub Total n/a 93,083 36,892 36,892 36,892 36,892 36,892 277,545 Net Revenue n/a 38,032 98,848 98,848 103,474 103,474 103,474 546,151 Scenario 2: Current Utilization Revenues: Mbit Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 6 Yr Total Edmonds Community College 20-30 15,728 15,728 15,728 23,591 23,591 23,591 117,957 Edmonds School District 20-30 15,728 23,591 23,591 23,591 23,591 23,591 133,684 Customer One 10 Mbit 10-10 7,864 7,864 7,864 7,864 7,864 7,864 47,183 Customer Two 10 Mbit 10-10 7,864 7,864 7,864 7,864 7,864 7,864 47,183 Customer Three 20 Mbit 20-20 1 15,728 15,728 15,728 15,728 15,728 1 15,728 94,365 Net -River Provider n/a 24,000 24,000 24,000 24,000 24,000 24,000 144,000 T-1 Remaining Cost Reduction 10 4,626 4,626 4,626 4,626 4,626 4,626 27,754 Revenue Sub -Total n/a 91,536 99,400 99,400 107,263 107,263 107,263 612,125 Expenditures: Equipment/Facilities n/a 46,190 0 0 0 0 0 0 Fiber Runs n/a 10,000 0 0 0 0 0 0 Equipment Support Annual n/a 3,292 3,292 3,292 3,292 3,292 3,292 19,754 Transport Fee Annual n/a 33,600 33,600 33,600 33,600 33,600 33,600 201,600 Expenditure Sub Total n/a 93,083 36,892 36,892 36,892 36,892 36,892 277,545 Net Revenue n/a 1,547 62,507 62,507 70,371 70,371 70,371 334,581 Packet Page 131 of 174 Broadband Business Case, Page 4 Scenario 2: Current Utilization/Three Year Exposure Revenues: Mbit Year 1 Year 2 Year 3 3 Yr Total Edmonds Community College 20-30 15,728 15,728 15,728 47,183 Edmonds School District 20-30 15,728 23,591 23,591 62,910 Customer One 10 Mbit 10-10 7,864 7,864 7,864 23,591 Customer Two 10 Mbit 10-10 1 7,864 7,864 7,864 23,591 Customer Three 20 Mbit 20-20 15,728 15,728 15,728 47,183 Net -River Provider n/a 24,000 24,000 24,000 72,000 T-1 Remaining Cost Reduction 10 4,626 4,626 4,626 13,877 Revenue Sub -Total n/a 91,536 99,400 99,400 290,335 Expenditures: Equipment/Facilities n/a 46,190 0 0 0 Fiber Runs n/a 10,000 0 0 0 Equipment Support Annual n/a 3,292 3,292 3,292 9,877 Transport Fee Annual n/a 33,600 33,600 33,600 100,800 Expenditure Sub Total n/a 93,083 36,892 36,892 166,868 Net Revenue n/a 1,547 62,507 62,507 123,468 Packet Page 132 of 174 AM-1023 3.A. Substitute House Bill 1756 Annual Compliance Report Council Committee Meetings Date: 06/12/2007 Submitted By: Tom Tomberg, Fire Time: 20 Minutes Department: Fire Type: Action Committee: Public Safety Information Subject Title Substitute House Bill 1756 Annual Compliance Report Recommendation from Mayor and Staff Forward to the City Council Consent Agenda with a recommendation to approve. Placement on the Public Safety Committee and the City Council agendas makes the annual 1756 compliance report available to the public. After the Public Safety Committee and the Council approve the compliance report, it will be made accessible to the public via placement on the Fire Department web site with a link to the City web site. Previous Council Action On November 28, 2006, the City Council adopted Resolution No. 1133 adopting the performance, policy, standards, and objectives outlined in the Washington Legislature Substitute House Bill 1756 as the Edmonds Fire Department emergency resource deployment and response time objectives. Narrative SHB 1756 requires the evaluation of the Council -adopted levels of service, deployment delivery methods, and response time objectives on an annual basis. The evaluations are based on data relating to the levels of service, deployment, and the achievement of each response time objective established by Council. The response time data is extracted from emergency information entered into the Fire Department records management system by Department personnel using WebFIRS software. The evaluation is delivered to the Council and the public annually beginning in 2007 with the comparison of 2006 data against the adopted standards. As required by SHB 1756, the 2006 Compliance Report includes four Sections: Section 1: Council Resolution NO. 1133. Section 2: Five Policy Statements that prove the existence of the Fire Department, describes services the Department provides, the Department's organizational structure, the expected number of Department employees, and the functions those employees are expected to perform. Section 3: Comparison of 2006 response times to each adopted response standard. Section 4: An explanation of why Council -adopted standards are not met, the predictable consequences of failing to meet the adopted standards, and the steps necessary to correct deficiencies in order to achieve compliance. Packet Page 133 of 174 The four Sections are attached to this Agenda Memo. Sections 1, 2, and 3 provide background to the core reporting reguirement of SHB 1756 contained in Section 4 Council -Adopted Standards Not Met. Section 4 is the fourth attachment to this agenda memo and the focus for discussion at the June 12 Public Safety Committee Meeting. Fiscal Impact Fiscal Year: 2007-2008 Revenue: Expenditure: Fiscal Impact: None. Attachments Link: Section 1, Res. No. 1133 Link: Section 2 Policy Statements Link: Section 3 Standards of Response Comparison Link: Section 4 Council -Adopted Standards Not Met Form Routinil/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 06/05/2007 03:41 PM APRV 2 Mayor Gary Haakenson 06/05/2007 03:43 PM APRV 3 Final Approval Sandy Chase 06/05/2007 03:46 PM APRV Form Started By: Tom Started On: 06/05/2007 01:36 Tomberg PM Final Approval Date: 06/05/2007 Packet Page 134 of 174 SECTION 1 RESOLUTION NO. 1133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE PERFORMANCE POLICY, STANDARDS AND OBJECTIVES OUTLINED IN SUBSTITUTE HOUSE BILL 1756 AS EDMONDS FIRE DEPARTMENT EMERGENCY RESOURCE DEPLOYMENT AND RESPONSE TIME OBJECTIVES. WHEREAS, the Edmonds Fire Department is legally established as a fire department through Ordinance No. 254 approved by the City of Edmonds City Council on October 16, 1912 to provide for the prevention of and protection from fire in the city and whose emergency services now include fire suppression, emergency medical services at the basic life support -defibrillator and advanced life support levels, hazardous materials response, technical rescue response, marine rescue and fire suppression, and disaster preparedness and response; and, WHEREAS, the Edmonds Fire Department has a mission statement and goals and objectives to guide the organization in providing emergency services that include fire suppression, emergency medical services at the basic life support - defibrillator and advanced life support levels, hazardous materials response, technical rescue response, marine rescue and fire suppression, and disaster preparedness and response; and, WHEREAS, the Edmonds Fire Department has a basic organizational structure which includes elected officials, Chief Fire Officers, Fire Officers, Firefighters, Firefighter/Paramedics and Firefighter/EMTs; and, WHEREAS, the Edmonds Fire Department has a certain number of Packet Page 135 of 174 members now and in the future who perform the tasks required to accomplish the response objectives; and, WHEREAS, the Edmonds Fire Department is required by state law to establish turnout and response time goals for the emergency services is provides; and, WHEREAS, the Edmonds Fire Department has evaluated the elements identified in SHB 1756 and included those provisions deemed appropriate in the Department's emergency service delivery; and, WHEREAS, the Edmonds Fire Department has developed written response coverage objectives required to comply with applicable provisions of SHB 1756; and, WHEREAS, the response coverage document is in furtherance of the City of Edmonds duty to the public at large and does not create a specific duty to any individual in the event of an emergency response; and WHEREAS, each emergency response occurs under a unique set of circumstances and competing emergency needs may impact response in any specific situation; and WHEREAS, the City of Edmonds obligation to respond to emergency incidents consistent with the Fire Department emergency resource deployment and response time objectives may be impacted by circumstances and competing emergency needs, the City of Edmonds, its officers, agents and employees shall have no duty to respond according to any specific response standard, and shall incur no liability whatsoever for failing to do so; therefore, Packet Page 136 of 174 THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council of the City of Edmonds hereby adopts the response coverage document attached as Exhibit A as the Edmonds Fire Department's official policy for determining emergency medical, fire and rescue resource deployment; and, BE IT FURTHER RESOLVED: The adopted response coverage document officially defines the Edmonds Fire Department's written policies and procedures that establish the distribution and concentration of fixed and mobile resources of the department; and, This resolution was adopted at a regularly scheduled public meeting of the Edmonds City Council for the Edmonds Fire Department on November 28, 2006. RESOLVED this 28th day of November, 2006. APPROVED: Gary Haakenson MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED : Sandra S. Chase CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 11/22/06 PASSED BY THE CITY COUNCIL: 11/28H06 RESOLUTION NO. 1133 Packet Page 137 of 174 SECTION 2 POLICY STATEMENTS The Fire Department maintains written policy statements that establishes the following: 1. The existence of the Fire Department is verified by Resolution No. 1133. X meets requirement does not meet 2. Services that the Fire Department is required to provide are addressed in Resolution No. 1133. X meets requirement does not meet 3. The basic organizational structure of the Fire Department is as depicted in the organizational chart adopted by Council as part of the 2006 budget on November 15, 2005, and the 2007-2008 budget adopted by Council on November 21, 2006. X meets requirement does not meet 4. The expected number of Fire Department employees for 2006 and 2007-2008 is 54 as adopted by Council as part of the 2006 budget on November 15, 2005, and the 2007-2008 budget adopted by Council on November 21, 2006. A breakdown by position appears in Appendix E. X meets requirement does not meet 5. The functions Fire Department employees are expected to perform are listed in Edmonds Fire Department SOP 501.01 Mission Statement. X meets requirement does not meet Packet Page 138 of 174 SECTION 3 STANDARDS OF RESPONSE COMPARISON (STANDARD OF COVER) To measure the ability to arrive and begin mitigation operations before the critical events of "brain death" or "flashover" occur, the Fire Departments is required to establish response time objectives, and compare the actual department results on an annual basis against the established objectives. The comparison begins in 2007 with a comparison of the established response objectives against actual 2006 response times for the levels of response. This section provides that comparison. 1. Turnout time for all emergency incidents Turnout Time Standard: The Fire Department has adopted a turn out time standard of 2:45, which the department should meet 90% of the time. Actual Department Comparison for the Year 2006: The Fire Department did not meet the turn out time objective 90% of the time; 90% of the Fire Department incidents experienced a turn out time of 2:48 minutes/seconds. 2A. Response time off the first -arriving Engine Company to a fire suppression incident Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first engine company at a fire suppression incident, which the department should meet 90% of the time. Actual Department Comparison for the Year 2006: The Fire Department did meet the response time objective 90% of the time; 90% of fire suppression incidents had the first engine arrive at the scene within 6:15 minutes/seconds of response time. 2B. Response time for the deployment of full first alarm assignment to a residential fire suppression incident Response Time Standard: The Fire Department has adopted a response/travel time standard of 7:45 for the arrival of the full complement of a first alarm response to a residential fire suppression incident, which the department should meet 90% of the time. The Fire Department has adopted a first alarm response of 15 firefighters. Actual Department Comparison for the Year 2006: The Fire Department did not meet the full deployment response time objective 90% of the time; 90% of fire suppression incidents had the full deployment of first alarm responding personnel and equipment arrive at the scene within 11:42 minutes/seconds of response time. Packet Page 139 of 174 2C. Response time for the deployment of full first alarm assignment to a commercial fire suppression incident Response Time Standard: The Fire Department has adopted a response/travel time standard of 9 minutes for the arrival of the full complement of a first alarm response to a commercial fire suppression incident, which the department should meet 90% of the time. The Fire Department has adopted a first alarm response of 18 firefighters. Actual Department Comparison for the Year 2006: The Fire Department did meet the full deployment response time objective 90% of the time; 90% of fire suppression incidents had the full deployment of first alarm responding personnel and equipment arrive at the scene within 9:00 minutes/seconds of response time. 3. Response time of the first -arriving unit with a first responder BLS, or higher level capability to an emergency medical incident Response Time Standard: The Fire Department has adopted a response/travel time standard of 5:15 for the arrival of the first emergency medical unit with appropriately trained personnel on board (BLS) to an emergency medical incident, which the department should meet 90% of the time. Actual Department Comparison for the Year 2006: The Fire Department did not meet the response time objective 90% of the time; 90% of emergency medical incidents had the first -arriving first responder (BLS) arrive at the scene within 5:16 minutes/seconds of response time. 4. Response time for the arrival of an advanced life support (two Paramedics) unit to an emergency medical incident. Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:45 for the arrival of an advanced life support unit with appropriately trained personnel (two Paramedics) on board to an ALS emergency medical incident, which the department should meet 90% of the time. Actual Department Comparison for the Year 2006: The Fire Department did not meet the response time objective 90% of the time; 90% of emergency medical incidents had the Advance Life Support (two Paramedics) unit arrive at the scene within 6:49 minutes/seconds of response time. 5A1. Response time of the first -arriving apparatus with appropriately trained and equipped Hazardous Materials Operations level personnel on board to a hazardous materials incident. Packet Page 140 of 174 Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first unit with appropriately trained and equipped Hazardous Materials Operations level personnel on board to a hazardous materials incident, which the department should meet 90% of the time. Actual Department Comparison for the Year 2006: The Fire Department did meet the response time objective 90% of the time. 90% of hazardous materials incidents had trained and equipped Hazardous Materials Operations level personnel arrive at the scene within 6:15 minutes/seconds of response time. 5A2. Response time of the first -arriving pparatus with appropriately trained and equipped Hazardous Materials Technician level personnel on board to a hazardous materials incident. Response Time Standard: The Fire Department has adopted a response/travel time standard of 12 minutes for the arrival of the first unit with appropriately trained and equipped Hazardous Materials Technician level personnel on board to a hazardous materials incident, which the department should meet 90% of the time. Actual Department Comparison for the Year 2006: No calls to report. 5B 1. Response time of the first -arriving pparatus with appropriately trained and equipped Technical Rescue Operations level personnel on board to a technical rescue incident. Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first unit with appropriately trained and equipped Technical Rescue Operations level personnel on board to a technical rescue incident, which the department should meet 90% of the time. Actual Department Comparison for the Year 2006: The Fire Department did meet the response time objective 90% of the time; 90% of technical rescue incidents had trained and equipped Technical Rescue Operations level personnel arrive at the scene within 6:15 minutes/seconds of response time. 5B2. Response time of the first -arriving apparatus with appropriately trained and equipped Technical Rescue Technician level personnel on board to a technical rescue incident. Response Time Standard: The Fire Department has adopted a response/travel time standard of 12 minutes for the arrival of the first unit with appropriately trained and equipped Technical Rescue Technician level personnel on board to a technical rescue incident, which the department should meet 90% of the time. Packet Page 141 of 174 Actual Department Comparison for the Year 2006: The Fire Department did meet the response time objective 90% of the time; 90% of technical rescue incidents had trained and equipped Technical Rescue Technician level personnel arrive at the scene within 6:00 minutes/seconds of response time. 6. Response time of the first -arriving apparatus with appropriately trained and equipped Marine Rescue and Firefighting_ personnel on board to a marine incident. Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first unit with appropriately trained and equipped Marine Rescue and Firefighting personnel on board to a marine incident, which the department should meet 90% of the time. Actual Department Comparison for the Year 2006: The Fire Department did meet the response time objective 90% of the time; 90% of marine rescue or firefighting incidents had trained and equipped Marine Rescue and firefighting personnel arrive at the scene within 6:00 minutes/seconds of response time. Packet Page 142 of 174 SECTION 4 COUNCIL -ADOPTED STANDARDS NOT MET SHB 1756 requires an explanation when Council -adopted standards are not met, the predictable consequences of failing to meet the adopted standards, and the steps necessary to correct deficiencies in order to achieve compliance. Of the eleven individual response time performance standards identified by the Fire Department and approved by Council for evaluation, the four that were not met are addressed below. The response data was collected in 2006. PERFORMANCE STANDARDS NOT MET The Council -adopted 2006 performance standards that were not met are as follows: 1. Turnout time for all emergency incidents Established: 2:45 Minutes/Seconds Actual: 2:48 Minutes/ Seconds 2B.Response time for the deployment of full first alarm assignment to a residential fire suppression incident Established: 7:45 Minutes/Seconds Actual: 11:42 Minutes/seconds 3. Response time of the first -arriving unit with a first responder (BLS,) or higher level capability to an emergency medical incident Established: 5:15 Minutes/Seconds Actual: 5:16 Minutes/Seconds 4. Response time for the arrival of an advanced life support two Paramedics) unit to an emergency medical incident. Established: 6:45 Minutes/Seconds Actual: 6:49 Minutes/Seconds PREDICTABLE CONSEQUENCES Predictable consequences for the deficient standards above include the potential for greater deterioration in the patient/victim's medical condition, death, and increased property loss. Although response times are measurable as a risk factor, other inherent and varied risk factors that are less measurable also play a large role in outcomes, for example, time lapse between the onset of the emergency, discovery, and reporting; dispatch center processing; distance traveled; weather and road conditions; access; out - of -service / unavailable status of emergency units due to training, mechanical, or other Packet Page 143 of 174 emergencies; patients medical history and lifestyle; presence of bystanders able to assist; emergency devices that allow bystanders to assist; built-in fire detection and protection equipment; type of construction; and square footage. The list of variables that directly and indirectly influence the outcome of a specific emergency incident are not only numerous but come in various gradations and degrees. Despite the various factors that affect outcomes that are outside the control of emergency responders, response times are one factor in the medical chain -of -survival and structure fire time -temperature curve that governments can affect. Predictable consequences for the above standards are difficult to predict because the time difference is very small. Also, when working with a 90th percentile, only 10 percent of the emergency calls fail to meet the time standards. Predictable consequences for all but one of the above standards were between one to four seconds. For the latter group, consequences are nearly impossible to predict and could be considered nebulous. At best, a mild increase in property loss could occur on fire -related responses, and a delay in treatment for medically -related incidents may occur. The greatest difference in time involves Section 2.B., the standard that requires assembling 15 Firefighters on a residential fire incident. In 2006, this totaled nine incidents. The Fire Department responded to a total of 59 residential structure fires in 2006, but only nine required assembly of 15 Firefighters. The remaining 50 incidents were handled by fewer Firefighters or the fire was extinguished prior to arrival. As noted earlier, 15 Firefighters on an emergency incident is minimally sufficient to perform the necessary rescue and firefighting tasks. A fire call is a dynamic event and tasks and actions do not wait for all responding personnel to assemble, organize, and deploy. Rather, tasks are delegated as appropriate to the incident and available resources. The greatest predictable consequence for this standard is an increase in property dollar loss caused by delay in hose stream application and the ability to ventilate heated gases and fire from the building. Although a dollar amount is impossible to calculate, as many variables play in to predicting dollar loss, it is predictable that an increase in dollar loss will occur. CORRECTIVE ACTIONS The following is a list of actions currently being implemented by the Fire Department to improve overall response times: 1. Pang_ The emergency call notification from SNOCOM now comes via alpha- numeric paging devices assigned to each Fire Station. It is estimated that this sequence change will cut between one and five seconds from dispatch time, depending on the number of units being paged thus improving turnout time. The new system, implemented in May of this year, does not affect 2006 times, but should reduce 2007 response times. 2 Packet Page 144 of 174 2. Classroom Training: Training sites have been scrutinized and appropriate changes made. The past practice was for Fire Department personnel to assemble at Station 20 (Esperance) for classroom training primarily because it was the only station with a dedicated Training Room. The current Station 20 location is not the most optimal location from which to respond to calls. Beginning in April the Fire Department performs classroom training at two different sites: (1) the Public Works Facility on 72nd Avenue and 210th Street, a site more centrally located and adjacent to grids in the City that generate the most emergency calls; and (2) a reconfigured Station 17 where what was previously a Firefighter/Paramedic office has been turned into a classroom, Paramedics have been integrated into a room with multiple workstations near the public entry, and the Company Officer's office has been relocated to a smaller office off the hall. 3. MDCs - Mobile Data In -Vehicle Computers (MDCs). Currently, the Department relies on SNOCOM time -stamps done by dispatchers to record measurable response times. This can cause delays in time recording when dispatchers are busy, and do not enter times in a timely manner resulting in inaccurate response data. The Fire Department acquired MDCs for the majority of first response apparatus to ensure more accurate capture of actual response data. Fire MDCs, already mounted in apparatus, will be in full use when SNOCOM completes dispatcher training. 4. Awareness. At least quarterly Firefighters are made aware of the up-to-date turnout time standard. Being aware of the response time -standard gives Firefighters a heightened sense of the importance of being quick to respond in hopes of improving the overall turnout time. 5. Purchase of Additional Protective Equipment. Edmonds Firefighters cross -staff two vehicles. Valuable time is wasted by transferring one set of fire suppression turnout ensemble (boots, bunker pants, bunker coat, gloves, hood and helmet) from Engine / Ladder to Aid Unit and back again depending on the type of call. Many seconds could be saved by issuing personnel two sets of gear, one for each piece of cross -staffed apparatus. Fire Administration will develop a decision package for the 2008-2009 biennial budget addressing a second set of turnouts for each Firefighter. Additionally, the Department has submitted a federal Assistance to Firefighters F.I.R.E. Grant for $111,000 this year to replace the turnout ensemble Department -wide which would allow the current gear to become the "second set" described above. 6. Field Trainingaptimal Fire Station Location. The Fire Department has an ad hoc committee evaluating the feasibility of a field training site in the immediate area where on -duty personnel can train without being placed out of service (unable to respond) or can rapidly return to service to respond to emergency incidents. Options to address this need include a stand-alone facility, or partnering with another area agency or agencies at an existing training site or development of Packet Page 145 of 174 a new site. Regardless of method, fulfilling this need is likely to be very expensive. NOTE: A training location with enough room for a co -located Fire Station would create a win -win for Firefighter field training and be the most advantageous response location, the latter among the most important factors affecting emergency response times. Four of the six corrective actions identified above have or are on their way to being accomplished at minimal cost. The new classroom training site at Station 17, though better than Station 20, is not optimal. Corrective actions five and six come at considerable expense, with the regular budget, EMS levy, and alternative revenue streams the logical funding sources. The Fire Department will continue the effort to reduce response times through the City budget, technology, regional partnerships, and/or other opportunities that present themselves. 4 Packet Page 146 of 174 AM-1010 2007-2008 Fire Department Work Plan Update #1 Council Committee Meetings Date: 06/12/2007 Submitted By: Tom Tomberg, Fire Time: 15 Minutes Department: Fire Type: Information Committee: Public Safety Information Subiect Title 2007-2008 Fire Department Work Plan Update # 1 3.B. Recommendation from Mayor and Staff None. Providing the status report on the Council -approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan IL Council Public Policy Statement, Objective D. Develop Public Works Plans, Tasks 1-4. Previous Council Action Council discussed the City Strategic Plan at the March 2006 Retreat. On June 27, 2006, Council approved the plan additions of Policy Objective II. Council Public Safety Statement with five objectives, one of which, Objective D. Develop Public Safety Plans, has four tasks, four deliverables, due dates, and assigned team responsibilities. After a November 14, 2006 presentation, the Public Safety Committee directed Fire Staff to place the 2007-2008 Fire Department Work Plan on the Council consent agenda with an approve recommendation. Council approved the Work Plan on November 28, 2006. By December 31, 2006, Policy Objective II. Council Public Safety Statement Objective D. due dates, all tasks and deliverables were completed. Narrative The attached report is the first 2007-2008 Work Plan required update (Strategic Plan Objective II D. 1-4) to the Public Safety Committee. Fiscal Impact Attachments Link: Work Plan Update Attachment Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/30/2007 09:56 AM APRV 2 Mayor Gary Haakenson 05/30/2007 09:58 AM APRV 3 Final Approval Sandy Chase 05/30/2007 03:22 PM APRV Packet Page 147 of 174 Form Started By: Tom Started On: 05/29/2007 10:20 Tomberg AM Final Approval Date: 05/30/2007 Packet Page 148 of 174 Date: To: From: Subject: EDMONDS FIRE DEPARTMENT MEMORANDUM June 12, 2007 Public Safety Committee Thomas J. Tomberg, Fire Chief 2007-2008 Fire Department Work Plan Update #1 Attachment Attachment: 2007-2008 Fire Department Work Plan Update #1. The update format is to briefly address each numbered item of the plan after the descriptive sentence. Each new update appears in bold so the reader can move rapidly through the most current report. Administration 1. Inculcate the workplace safety ethic into every aspect of Department operations. Over the past several years the fire service has become increasingly alarmed about Firefighter deaths and injuries. Edmonds has integrated a number of safety programs described in the Series 600 Safety Standard Operating Procedure into Department operations including a brief "Tailboard" review of a safety topic at the beginning of each shift, a Near -Miss Reporting System, annual participation in the international Firefighter and EMS "Safety Stand Down," holding members accountable for safe work practices, and a formal accident review process. 2. Conclude a new collective labor agreement with IAFF Union Local 1828. Negotiations are expected to begin in mid-2007. The current CLA expires on December 31, 2007. 3. Improve the Washington State Rating Bureau rating of the City from Class 4 to Class 2 over time and within budget. Improving the City's fire defense rating from a 4 to a 2 is a long term goal pursued incrementally over time through the regular budget process. The WSRB last evaluated Edmonds in 1990. 4. Review business practices with the Mayor, Directors, and Fire Staff with the intent of reducing General Fund expenditures by 2009. The Mayor has scheduled individual department presentations at Director's Meetings through October 2007 aimed at reducing General Fund operating costs and running an efficient and effective local government. 5. Implement the City of Edmonds Substitute House Bill 1756 Compliance Plan. OFFICE OF THE FIRE CHIEF Packet Page 149 of 174 The plan was approved by Council on November 28, 2006. The first 1756 compliance report based on 2006 response data is scheduled for presentation to the Public Safety Committee on June 12, 2007. 6. Educate and inform the public on the emergency medical services levy. At the March retreat, Council decided to run the EMS levy no sooner than 2008. 7. Review alternate funding sources for Department operations. The Department keeps an inventory of alternate funding sources, for example, EMS transport fees, charging for false alarms, and an annual benefit charge. As directed, Fire Staff is prepared to analyze and report on alternate funding sources. 8. Align the annual work plans of the Fire Chief, Assistant Chief, Fire Marshal, Battalion Chiefs, and Executive Assistant with the Mayor's annual goals and objectives, and policies that emerge from the annual Council Retreat, and majority policy directives received from elected officials through the Mayor. The Assistant Chief, Fire Marshal, Battalion Chiefs, and Executive Assistant have annual written work plans aligned as described above. The individual work plans are part of each employee's annual performance evaluation. 9. Align the Fire Work Plan with other City departments and pertinent outside agency work plans. The two-year Fire Work Plan is built with an understanding of pertinent outside agency work plans. 10. Work with the Mayor, Council, and Directors on city-wide environmental stewardship and energy conservation issues. The Department is working with Public Works Facilities and Fleet Maintenance to implement city-wide environmental stewardship and energy conservation issues. The Department instituted a battery recycle system in 2005, and is investigating opportunities to acquire a hybrid staff vehicle through the regular replacement program. 11. Work with the Snohomish County law enforcement and fire consortium to implement a wireless network. As the contact, AC Correira receives regular updates on the progress of the county- wide wi-fi initiative. 12. Review the Civil Service Commission hiring/promotional requirements for Assistant Fire Chief and Fire Marshal. Nothing to report. 13. Review the annual Performance Appraisal form. Battalion Chief Doug Dahl developed draft changes and lead the discussion on the new department performance appraisal system at the April 17 Officer's Meeting. The new appraisal system is out for intra-Departmental review and comment and will be implemented July 1. 14. Continue working towards a paperless office. Packet Page 150 of 174 The Fire Chief, Assistant Chief, Fire Marshal, four Battalion Chiefs, and the Executive Assistant met with Chief Information Officer Carl Nelson to review Department needs and City paperless and electronic initiatives on April 12. The energy, interest, and ideas were interesting, funding best practices and technology upgrades will be challenging. 15. Actively seek out grant opportunities. The Department submitted a $111,000 F.I.R.E. Act Grant to replace turnout boots, turnout pants, suspenders, turnout coat, gloves, helmet and hood. AC Correira has applied for a $1,500 Injury Prevention Grant as a representative from the North Region EMS (Snohomish, Island, Skagit, Whatcom, and San Juan counties) with a focus on elderly fall prevention (See #22). Stevens Hospital and the Edmonds Parks and Recreation Department have been invited to partner in the endeavor. Operations and Training 16. Place the public safety boat in service. The Public Safety Boat / Marine 16 / Charles W. Cain was placed in service on May 1, 2007. Missions include EMS, fire suppression, hazardous materials response, technical rescue, command and control, and Police Dive Team support. The boat was formally commissioned on June 2. 17. Study acquiring access to or construction of a local training facility that allows on -duty crews to remain in the immediate area. Consider existing facilities, a new facility, multidisciplinary use, scope, costs, location, and political feasibility. An internal Department committee continues to meet in an effort to determine the most cost-effective way to provide training that does not require, or minimizes the need for, on -duty units to be placed out of service. As emergency call volume increases, it becomes more and more challenging to deliver training on duty. 18. Identify future staffing and apparatus needs to keep pace with call volume increases and community demographics. The Department has long sought to bring the 8 to 5 staff up to the 7.5 positions as recommended by the Council -commissioned Ewing & Company Study published in 1997. The Department currently has six daytime staff. The EMS levy offers the best opportunity to address this deficiency. Farther out, the Edmonds demographic will require additional EMS capability both in on -duty shift personnel and additional vehicles (See #24). 19. Plan for two retirements that create two promotional opportunities at both the battalion and company officer levels. One of the two retirements announced for 2008 was unexpectedly accelerated to December 2006. One Battalion Chief and one Lieutenant were promoted to fill the vacancies. Both the Battalion Chief and Lieutenant eligibility lists were extended by the Civil Service Commission to April 5, 2008. 20. Finalize the career development plan for interested employees. Packet Page 151 of 174 Nothing to report. 21. Implement a new computer -based training records management system. Computer -based, RMS training plan has been implemented and is in the feedback stage. Emergency Medical Services 22. Study the opportunities for targeting specific demographic groups with public education programs that reduce their use of the EMS system, for example, address fall hazards for the elderly population. AC Correira has applied for a $1,500 Injury Prevention Grant from North Region EMS (Snohomish, Island, Skagit, Whatcom, and San Juan counties) with a focus on elderly fall prevention. (See #15). 23. Work with Snohomish County Public Health Department to prepare for an influenza pandemic (bird flu), as required. The Snohomish County bird flu plan remains under development by the Snohomish County Health Care Pan Flu Planning Task Force. Fire Staff provided an April 24 update on task force progress to the Mayor, Directors, Fire Group, and SNOCOM. Fire Prevention and Public Education 24. Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties. Address vehicle and space needs. When Council decided to move the EMS levy lid lift back to 2008, this opportunity was postponed (See #18). 25. Develop a succession plan for the Fire Inspector position. Nothing to report. 26. Work with City, Port of Edmonds, and State staff to ensure the Edmonds Crossing Project and/or waterfront development ensure unimpeded vehicle access to the west side of the BNSF railroad tracks. Fire Staff keeps in regular contact with Community Services Director Stephen Clifton who assures the Department that public safety access to the Edmonds Crossing project overhead access to and from the ferry, and west of the railroad tracks when a train is blocking will be addressed. Recommended Action None. Providing a status report on the Council -approved 2007-2008 Fire Department Work Plan to the Public Safety Committee meets the intent of the City of Edmonds Strategic Plan H. Council Public Policy Statement, Objective D. Develop Public Work Plans, Tasks 1 — 4. 4 Packet Page 152 of 174 Packet Page 153 of 174 AM-1015 Council Committee Meetings Date: 06/12/2007 Submitted By: Al Compaan, Police Department Department: Police Department Committee: Public Safety Information Time: 5 Minutes Type: Action 3.C. Subject Title Interlocal Agreement Establishing Snohomish Regional Drug Task Force, Fiscal Year 2007-2008 Recommendation from Mayor and Staff Approve for Consent Agenda Previous Council Action Narrative Since January 1988, the City of Edmonds and other Snohomish County cities have been participants in the Snohomish Regional Drug Task Force (SRDTF) with offices in Everett. Edmonds was one of the original participants, contributing a detective and equipment to the unit. In more recent years, Edmonds, Lynnwood and Mountlake Terrace established the South Snohomish County Narcotics Task Force (SSCNTF). Since the creation of the SSCNTF, Edmonds, Lynnwood and Mountlake Terrace have chosen to continue their support of the SRDTF through financial contribution alone. Edmonds presently has a detective assigned to the SSCNTF. The SRDTF receives the majority of its funding through a U.S. Department of Justice grant. The grant amount is based on the number and population of municipalities that participate in the SRDTF. The required matching funds for the federal grant come from Snohomish County and the participating municipalities. For fiscal year 2007-2008, nineteen municipalities, plus Snohomish County, are pledging matching funds to the SRDTF. Edmonds' share for July 1, 2007 through June 30, 2008 is $9,279.00, a $165.00 increase over last year's share. Funding for this item is included in the 2007-2008 Edmonds Police budget. The interlocal agreement, and the funding received from participating entities, sets forth the operational framework for the SRDTF, and has done so since 1988. The SRDTF and SSCNTF work very closely and assist each other with staffing and equipment, as needed. For example, should we encounter a drug lab locally the SRDTF can be called out to dismantle the lab. This assistance can save us literally thousands of dollars in overtime, training and equipment expense. A more frequent area of cooperation and assistance occurs with investigations where the two task forces may assist each other with investigations involving mutual suspects. We request that the Public Safety Committee approve this matter to be placed on the consent agenda for approval by full council, authorizing the Mayor to sign the FY 2007-2008 interlocal Packet Page 154 of 174 agreement with SRDTF. Fiscal Impact Fiscal Year: Revenue: Expenditure: Fiscal Impact: Amount budgeted in approved 2007-2008 general fund Police Department budget Attachments Link: Interlocal Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/30/2007 05:07 PM APRV 2 Mayor Gary Haakenson 05/30/2007 07:44 PM APRV 3 Final Approval Linda Hynd 05/31/2007 03:39 PM APRV Form Started By: Al Started On: 05/30/2007 02:27 Compaan PM Final Approval Date: 05/31/2007 Packet Page 155 of 174 INTERLOCAL AGREEMENT ESTABLISHING SNOHOMISH REGIONAL DRUG TASK FORCE This Interlocal Agreement is among Snohomish County, a political subdivision of the State of Washington, and the following jurisdictions (hereinafter collectively referred to as the "Participating Jurisdictions"): City of Arlington City of Mill Creek City of Bothell City of Monroe City of Brier City of Mountlake Terrace City of Darrington City of Mukilteo City of Edmonds City of Snohomish City of Everett City of Stanwood City of Gold Bar City of Sultan City of Granite Falls DSHS, Child Protective Services City of Index Sauk Suiattle Tribe City of Lake Stevens Snohomish Health District City of Lake Forest Park Stillaguamish Tribe City of Lynnwood Tulalip Tribes City of Marysville Washington State Patrol Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 1 Packet Page 156 of 174 WITNESSES THAT: WHEREAS, the State of Washington Department of Community, Trade, and Economic Development (hereinafter "CTED"), has received funds from the U.S. Department of Justice under authority of the Anti -Drug Abuse Act of 1988 to provide grants to local units of government for drug law enforcement; and WHEREAS, eligible applicants include cities, counties and Indian tribes; and WHEREAS, RCW 39.34 permits one or more public agencies to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking that each public agency is authorized by law to perform; and WHEREAS, Snohomish County and CTED have entered into a Narcotics Control Grant Contract (hereinafter "Grant Contract") whereby Snohomish County shall use specified grant funds solely for a regional task force project consistent with the task force grant application submitted to CTED on or before June 1, 2007, upon which the Grant Contract is based (by this reference both the Grant Contract and the grant application are incorporated in this agreement as though set forth fully herein); and WHEREAS, the Participating Jurisdictions recognize the above -mentioned Grant Contract between CTED and Snohomish County; and WHEREAS, the Participating Jurisdictions desire to participate as members of the multi jurisdictional task force with Snohomish County administering task force project grants on their behalf, and WHEREAS, the Participating Jurisdictions desire to enter into an agreement with Snohomish County to enable Snohomish County to continue to be the receiver of any grant funds related to the task force project; and WHEREAS, each of the Participating Jurisdictions represented herein is authorized to perform each service contemplated for it herein; Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 2 Packet Page 157 of 174 NOW, THEREFORE, in consideration of covenants, conditions, performances and promises hereinafter contained, the parties hereto agree as follows: 1.0 TASK FORCE CONTINUATION, TERM, AND PURPOSE 1.1 The countywide multi jurisdictional task force, composed of law enforcement, prosecutor, and support personnel, known as the Snohomish Regional Drug Task Force (hereinafter "Task Force") was created pursuant to the Interlocal Agreement Among Participating Jurisdictions dated January 18, 1988. The Task Force has operated on a continuous basis since that time under a series of Interlocal agreements, the most recent effective from July 1, 2006, through June 30, 2007. This agreement shall serve to continue the operation of the Task Force. 1.2 The effective date of this agreement shall be from July 1, 2007, through June 30, 2008, unless earlier terminated or modified as provided in this agreement. 1.3 The purpose of the Task Force shall be to formally structure and jointly coordinate selected law enforcement activities, resources, and functions in order to disrupt illegal drug trafficking systems and to remove traffickers through a cooperative program of investigation, prosecution, and asset forfeiture. 1.4 The Task Force agrees to perform the statement of work indicated in the Task Force Abstract set forth in the application for funding between CTED and Snohomish County. Therefore each participating jurisdiction adopts the following Task Force goals: • Continue to attack the demand and supply sides of narcotics trafficking. • Continue enforcement efforts directed toward mid and upper level dealers. Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 3 Packet Page 158 of 174 • Continue to assist smaller agencies within Snohomish County with narcotics enforcement within their towns and cities. • Continue to provide narcotics enforcement training to smaller jurisdictions throughout Snohomish County. 1.5 The Task Force shall continue to follow a management system for the shared coordination and direction of personnel as well as financial, equipment and technical resources as stated in this agreement. 1.6 The Task Force shall continue to implement operations, including: a. Development of intelligence b. Target identification c. Investigation d. Arrest of Suspects e. Successful prosecution of offenders, and f. Asset forfeiture/disposition 1.7 The Task Force shall evaluate and report on Task Force performance to CTED as required in the Grant Contract. 2.0 ORGANIZATION 2.1 The Task Force shall be organized as shown below: TASK FORCE ORGANIZATION CHART Snohomish County Sheriff Chiefs of Police Everett City Snohomish County Prosecutor Prosecuting Atty. Deputy Prosecutor I Secretary Task Force J J Executive: Board Task Force Commander I Sergeant f Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page Police Officers Packet Page 159 of 174 2.2 The Task Force Executive Board shall be comprised of the Snohomish County Prosecuting Attorney, the Snohomish County Sheriff, the Everett Police Chief, the Everett City Prosecutor, and one (1) chief of police from the remaining Participating Jurisdictions chosen by the chiefs of police of the remaining Participating Jurisdictions. The Snohomish County Sheriff shall serve as Chair of the Executive Board. The Task Force Executive Board may adopt bylaws providing for appointment of alternates to attend Executive Board meetings in the absence of members. At such meetings the alternate shall have the same rights as the appointing member. Any action taken by the Task Force Executive Board under this agreement shall be based on a majority vote. 2.3 All law enforcement personnel assigned to the Task Force shall be directed in their Task Force duties by the Snohomish County Sheriff's Office (SCSO) through the Task Force Commander. The Task Force Commander will be an employee of Snohomish County for all purposes and, if not a regular SCSO deputy, will hold a special commission for that purpose. 2.4 Exhibit "A", incorporated herein by this reference, sets forth the personnel and related equipment and supplies currently assigned to the Task Force by each Participating Jurisdiction. Nothing in this agreement shall restrict the ability of the Snohomish County Prosecuting Attorney, Snohomish County Sheriff, Everett Police Chief, or chief law enforcement officer of any Participating Jurisdiction to reassign personnel and related equipment and supplies now or later assigned to the Task Force. Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 5 Packet Page 160 of 174 3.0 FINANCING 3.1 Exhibit `B" sets forth the Task Force operating budget and is incorporated herein by reference. Participating Jurisdictions in the aggregate agree to provide funds that will allow for at least a one-third match of the funds awarded under the Grant Contract. 3.2 Exhibit "C" sets forth the Local Match breakdown for the period from July 1, 2007, to June 30, 2008, and is incorporated herein by reference. Although State and/or Federal Grant funds may vary from the amount initially requested, each Participating Jurisdiction agrees to provide funding that is no less than the amount indicated in Exhibit "C", and to pay its funding share to Snohomish County as administrator of Task Force funds promptly upon request. 3.3 As required by the Grant Contract, each Participating Jurisdiction agrees the funding it contributes shall be provided in addition to that currently appropriated to narcotics enforcement activities and that no Task Force activity will supplant or replace any existing narcotic enforcement activities. 3.4 Except as modified by section 5.3 below, all revenues collected or generated by or for the Task Force shall be forwarded to the Snohomish County Treasurer and placed in a designated special account for the purpose of supporting Task Force operations, and all real or personal property of the Task Force will be held in Snohomish County's name for the benefit of the Task Force. 3.5 Upon termination of the Task Force, all funds remaining in said special account shall be disbursed pro rata to the then -current Participating Jurisdictions in proportion to the percentage of their most recent financial participation as indicated in Exhibit "C". Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 6 Packet Page 161 of 174 4.0 GENERAL ADMINISTRATION 4.1 Snohomish County agrees to provide CTED with the necessary documentation to receive grant funds. 4.2 By executing this agreement, each Participating Jurisdiction agrees to make any certified assurances required by the Grant Contract that are within its particular control, and agrees to make all its records related to the Task Force available for inspection consistent with the Grant Contract. 4.3 All Task Force contracts and agreements executed on behalf of Participating Jurisdictions under this agreement must first be approved on motion of the Task Force Executive Board. By executing this agreement, each Participating Jurisdiction agrees that, for the purpose of administering the assets and resources available to the Task Force, Snohomish County is hereby granted the authority to execute on behalf of the Participating Jurisdictions all agreements and contracts signed as approved by the Task Force Executive Board, by and through its Chair, including but not limited to all contracts for professional services. Agreements and contracts executed in this manner shall have the same legal effect as if they were executed by each Participating Jurisdiction. No such agreement or contract may impose or waive liability with respect to a Participating Jurisdiction in a manner that is inconsistent with the hold harmless provision in section 10.0 of this agreement. 4.4 Any dispute arising under this agreement will be forwarded to the Task Force Executive Board for arbitration. The determination made by the Executive Board shall be final and conclusive as between the parties. This provision shall not apply to issues of indemnity and liability Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 7 Packet Page 162 of 174 governed by the hold harmless provision in section 10.0 of this agreement. 5.0 ASSET FORFEITURE 5.1 The Participating Jurisdictions shall refer all potential asset forfeitures initiated or investigated by officers assigned to the Task Force during the pendency of this agreement to the Task Force for disposition at the discretion of the Task Force Executive Board or prosecuting authority (Prosecuting Attorney or United States Attorney). Any such referred asset forfeiture that is pursued in state court will be prosecuted in the name of Snohomish County on behalf of the Task Force and its Participating Jurisdictions. 5.2 The Task Force Commander, under the direction of the Task Force Executive Board, shall manage the acquisition and disposition of assets seized or forfeited as a result of this agreement in compliance with law and Task Force Procedures. 5.3 A portion of the net monetary proceeds of each asset forfeiture made by the Task Force shall be distributed to the involved investigating agencies commensurate with their participation as determined by prior agreement between the Task Force Commander and said agencies, or in the absence of such agreement, by the Task Force Executive Board, prior to dedication of the remaining proceeds to the Task Force as specified in section 3.4. As long as the personnel, equipment, and related supply assignments stated in Exhibit "A" remain unchanged, distributions to Snohomish County and the City of Everett under this subparagraph shall be 40 percent each of the net monetary proceeds remaining after distributions under this subparagraph to Participating Jurisdictions other than Snohomish County and the City of Everett. If assignments change Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 8 Packet Page 163 of 174 from those stated in Exhibit "A", the Task Force Executive Board may modify the relative percentage allocations to Snohomish County and the City of Everett on a case -by -case or permanent basis. For purposes of this subparagraph, the term "net monetary proceeds" means cash proceeds realized from property forfeited during the term of this agreement that is not retained for use by the Task Force after deducting all costs and expenses incurred in its acquisition, including but not limited to the cost of satisfying any bona fide security interest to which the property may be subject at the time of seizure, the cost of sale in the case of sold property (including reasonable fees or commissions paid to independent selling agencies), amounts paid to satisfy a landlord's claim for damages, and the amount of proceeds (typically ten percent) payable to the State of Washington under RCW 69.50.505(9) or similar law. 5.4 Any Participating Jurisdiction receiving a distribution of assets forfeited under RCW 69.50.505 shall use such assets in accordance with RCW 69.50.505(10), which limits use to the expansion and improvement of controlled substances related law enforcement activity and prohibits use to supplant preexisting funding sources. 5.5 Upon termination of the Task Force, the Task Force Executive Board shall dispose of the Task Force's interest in assets seized or forfeited as a result of this agreement in accordance with applicable federal, state and county requirements, and shall distribute proceeds in accordance with sections 5.3 and 3.5. 6.0 ACQUISITION AND USE OF EQUIPMENT 6.1 In the event that any equipment is acquired with grant funds, the Participating Jurisdictions agree that the Task Force will use that Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 9 Packet Page 164 of 174 equipment only for specified law enforcement purposes for the term of the grant. 6.2 Upon termination of the Task force, any equipment provided by Participating Jurisdictions will be returned to those respective jurisdictions. 6.3 Upon termination of the Task Force, the Task Force Executive Board shall dispose of all acquired equipment in accordance with applicable federal, state and county requirements, and shall distribute proceeds in accordance with section 3.5. 7.0 MODIFICATION 7.1 Participating Jurisdictions hereto reserve the right to amend this agreement in the future from time to time as may be mutually agreed upon. No such amendment shall be effective unless written and signed by all then -contributing jurisdictions with the same formality as this agreement. 8.0 NONDISCRIMINATION PROVISION 8.1 There shall be no discrimination against any employee who is paid by the grant funds or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training. 9.0 TERMINATION OF AGREEMENT 9.1 Notwithstanding any provisions of this agreement, any party may withdraw from the agreement as it pertains to them by providing written notice of such withdrawal to all other parties, specifying the effective Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 10 Packet Page 165 of 174 date thereof at least thirty (30) days prior to such date. A withdrawing party may take with it any equipment it has loaned or donated to the Task Force, and shall be entitled to distributions under section 5.3 of this agreement with respect to asset forfeitures initiated before the effective date of withdrawal. 9.2 If there is a reduction in funds by the source of those funds, and if such funds are the basis of this agreement, Snohomish County may unilaterally terminate all or part of the agreement, or may reduce its scope of work and budget. 10.0 HOLD HARMLESS 10.1 Each party hereto agrees to save, indemnify, defend and hold the other parties harmless from any allegations, complaints, or claims of wrongful and/or negligent acts or omissions, by said party and/or its officers, agents, or employees to the fullest extent allowed by law. In the case of allegations, complaints, or claims against more than one party, any damages allowed shall be levied in proportion to the percentage of fault attributable to each party, and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of fault attributable to each of the other parties. Moreover, the parties agree to cooperate and jointly defend any such matter to the extent allowed by law. An agency that has withdrawn assumes no responsibility for the actions of the remaining members arising after the date of withdrawal, but shall remain liable for claims of loss or liability arising prior to the effective date of withdrawal. 10.2 The Tulalip Tribes waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 11 Packet Page 166 of 174 from the Tulalip Tribes shall look first to the proceeds of any insurance procured by the Tribes for this purpose. Should any claim exceed the limit of procured insurance arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by a party to this Agreement and the Tribes, the Tribes hereby waives any claim of immunity or exemption for any assets it holds up to the amount necessary to discharge the obligation and the costs of collection. 10.3 The Sauk Suiattle Tribe waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Sauk Suiattle Tribe shall look first to the proceeds of any insurance procured by the Tribe for this purpose. Should any claim exceed the limit of procured insurance arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by a party to this Agreement and the Tribe, the Tribe hereby waives any claim of immunity or exemption for any assets it holds up to the amount necessary to discharge the obligation and the costs of collection. 10.4 The Stillaguamish Tribe waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Stillaguamish Tribe shall look first to the proceeds of any insurance procured by the Tribe for this purpose. Should any claim exceed the limit of procured insurance arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by a party to this Agreement and the Tribe, the Tribe hereby waives any claim of immunity or exemption for any assets it holds up to the amount necessary to discharge the obligation and the costs of collection. Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 12 Packet Page 167 of 174 11.0 GOVERNING LAW AND VENUE 11.1 This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington without reference to choice of law principles, and venue of any suit between the parties arising out of this agreement shall be in the Superior Court of Snohomish County, Washington. 12.0 INTEGRATION 12.1 With the exception of necessary operational agreements between law enforcement agencies of the Participating Jurisdictions and agreements pursuant to section 5.3 hereof, this agreement constitutes the whole and entire agreement among those parties as to the Task Force and no other understandings, oral, or otherwise, regarding the Task Force shall be deemed to exist or bind the parties. 13.0 EXECUTION OF MULTIPLE ORIGINAL COUNTERPARTS 13.1 This agreement may be reproduced in any number of original counterparts. Each party need sign only one counterpart and when the signature pages are all assembled with one original counterpart, that compilation constitutes a fully executed and effective agreement among all the Participating Jurisdictions. In the event that fewer than all named parties execute this agreement, the agreement, once recorded as specified in section 15.0, shall be effective as between the parties that have executed the agreement to the same extent as if no other parties had been named. 14.0 SEVERABILITY 14.1 If any part of this agreement is unenforceable for any reason the remainder of the agreement shall remain in full force and effect. Interlocal Agreement Establishing Snohomish Regional Drug Task Force — Page 13 Packet Page 168 of 174 15.0 RECORDING 15.1 This interlocal agreement will be recorded in compliance with RCW 39.34.040. In witness whereof, the parties have executed this agreement. SNOHOMISH COUNTY, approved at the direction of the County Council. Aaron Reardon County Executive DATE: ATTEST: APPROVAL RECONEMENDED: Robert R. Bart, Sheriff Date: Interlocal Agreement Establishing Snohomish Regional Drug Taste Force — Page 14 Packet Page 169 of 174 EXHIBIT A Snohomish Regional Drug Task Force Personnel and Basic Equipment Assigned by Jurisdiction July 1, 2007 through June 30, 2008 EVERETT POLICE DEPARTMENT 1 Lieutenant Nextel phone 1 Sergeant Nextel/Blackberry 1 Detective Nextel/Blackberry 1 Detective Nextel/Blackberry 1 Detective Nextel/Blackberry 1 Detective Nextel phone 1 Detective Nextel/Blackberry 1 Detective Nextel phone 1 Support Personnel Nextel phone ARLINGTON POLICE DEPARTMENT 1 Detective Nextel/Blackberry MARYSVILLE POLICE DEPARTMENT 1 Detective Nextel/Blackberry BOTHELL POLICE DEPARTMENT 1 Detective Nextel/Blackberry SNOHOMISH COUNTY SHERIFF'S OFFICE 1 Task Force Commander Nextel phone 1 Lieutenant Nextel phone I Sergeant Nextel phone 1 Detective Blackberry I Detective Blackberry I Detective Nextel phone 1 Detective Nextel/Blackberry I Detective Nextel/Blackberry 1 Detective Nextel/Blackberry 1 Detective Nextel/Blackberry 1 Detective Nextel/Blackberry I Support Staff Nextel phone 1 Support Staff Nextel phone SNOHOMISH COUNTY PROSECUTOR'S OFFICE I Deputy Prosecutor Nextel/Blackberry 1 Deputy Prosecutor Blackberry 1 Support Staff Nextel phone 1 Deputy Prosecutor Nextel phone FUNDING Pager Everett PD Everett PD Pager Everett PD Pager Everett PD Pager Everett PD Pager Everett PD Pager Everett PD Pager Everett PD Everett PD FUNDING Justice Assistance Grant FUNDING Pager Marysville PD FUNDING Bothell PD I ��1►D71►�C� Justice Assistance Grant Pager Snohomish County Sheriff Pager Snohomish County Sheriff Snohomish County Sheriff Snohomish County Sheriff Pager Snohomish County Sheriff Pager Snohomish County Sheriff Pager Snohomish County Sheriff Pager Snohomish County Sheriff Snohomish County Sheriff Snohomish County Sheriff Justice Assistance Grant Snohomish County Sheriff FUNDING Justice Assistance Grant Snohomish County Prosecutor Snohomish County Sheriff Snohomish County Prosecutor Page 15 Packet Page 170 of 174 STATE OF WASHINGTON 1 Detective Nextel/Blackberry 1 Case Worker Nextel/Blackberry SNOHOMISH HEALTH DISTRICT 1 Local Health Officer Nextel phone WASHINGTON NATIONAL GUARD 1 Intelligence Analyst Nextel phone BUREAU OF ALCOHOL TOBACCO AND FIREARMS 1 Agent pager DRUG ENFORCEMENT AGENCY 1 Agent Nextel/Blackberry pager RvMGRATION AND CUSTOMS ENFORCEMENT 1 Agent Nextel/Blackberry pager 0.5 Agent FUNDING Washington State Patrol DSHS, Child Protective Services FUNDING Snohomish Health District FUNDING Washington National Guard FUNDING ATF FUNDING Drug Enforcement Agency FUNDING Immigration And Customs Enforcement Immigration And Customs Enforcement Page 16 Packet Page 171 of 174 EXHIBIT B Snohomish Regional Drue Task Force Estimated Operating Budget for July 1, 2007 through June 30, 2008 FEDERAL LOCAL FUNDS MATCH TOTALS Salaries 109,518 153,876 263,394 Benefits 27,733 38,965 66,698 Contracted Services 75,247 105,725 180,972 Goods and Services 2,079 2,921 5,000 Training 2,079 2,921 5,000 Equipment 0 0 0 Confidential Funds 0 0 0 TOTALS $16,656 $304,408 * $ 521,064 *$154,721 from Local Matching Funds; $149,687 from Forfeited Assets Fund Page 17 Packet Page 172 of 174 EXHIBIT C Snohomish Regional Drug Task Force Local Match Breakdowns for July 1, 2007 through June 30, 2008 JURISDICTION POPULATION PERCENTAGE AMOUNT Arlington 15430 2.30% $ 3,547.00 Bothell 15090 2.25% $ 3,469.00 Brier 6480 0.96% $ 1,490.00 Darrington 1465 0.22% $ 337.00 Edmonds 40360 6.01% $ %279.00 Everett 101100 15.05% $ 23,243.00 GoldBar 2125 0.32% $ 489.00 GraniteFalls 3095 0.46% $ 712.00 Index 155 0.02% $ 36.00 LakeStevens 12000 1.44% $ 2,219.00 LakeForestPark 0 0 $ 0 Lynnwood 35230 5.24% $ 8,099.00 Marysville 32150 4.79% $ 7,391.00 MillCreek 17460 2.60% $ 4,014.00 Monroe 16170 2.41% $ 3,717.00 MountlakeTerrace 20390 3.04% $ 4,688.00 Mukilteo 19620 2.92% $ 4,511.00 Snohomish 8920 1.33% $ 2,051.00 SnohomishCounty 316365 47.09% $ 72,729.00 Stanwood 4940 0.74% $ 1,136.00 Sultan 4440 0.66% $ 1,021.00 DSHS,CPS 0.00000 $ 0 SaukSuiattleTribe 0.00000 $ 0 SnohomishHealthDistrict 0.00000 $ 0 StillaguamishTribe 0.00000 $ 0 TulalipTribes 0.00000 $ 0 WashingtonStatePatrol 0.00000 $ 0 PARTICIPATING JURISDICTIONS' TOTALS: $ 154,721 fnterlocal Agreement Page 18 Packet Page 173 of 174 ATTEST: APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION: Title ATTEST: Jurisdiction Clerk APPROVED AS TO FORM: Jurisdiction Attorney Dated Jurisdiction of ORIGINAL (if printed in blue) Dated Dated Packet Page 174 of 174