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
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icine Cli�cBTHsrsw
2 TH ST SW
+, ¢
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•�
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o.
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_
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o /y
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0
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o
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Z =
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q
-
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m
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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
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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
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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
-
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' of tlm8ndg hp9
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'
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¢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
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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
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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
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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
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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
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§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
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§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
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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
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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: )
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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.
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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:)
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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:
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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
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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
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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 -
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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Form Started By: Tom Started On: 05/29/2007 10:20
Tomberg AM
Final Approval Date: 05/30/2007
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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
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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.
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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.
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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
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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
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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
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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;
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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.
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• 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
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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.
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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".
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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
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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
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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
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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
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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
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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.
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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.
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Snohomish Regional Drug Task Force — Page 13
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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
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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
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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
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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
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