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2011.01.18 CC Agenda Packet                 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds JANUARY 18, 2011                 6:00 p.m. - Executive session regarding labor negotiation strategy. 7:00 p.m. - Call to Order and Flag Salute   1. (5 Minutes) Approval of Agenda   2. (5 Minutes) Approval of Consent Agenda Items   A.Roll Call   B. AM-3675 Approval of City Council Meeting Minutes of January 4, 2011.   C. AM-3681 Approval of claim checks #123172 through #123302 dated January 6, 2011 for $468,011.40, and #123303 through #123438 dated January 13, 2011 for $390,291.57. Approval of payroll direct deposit and checks #50136 through #50168 for the period December 16, 2010 through December 31, 2010 for $675,925.03.   D. AM-3666 Authorization for Mayor to sign Agreement of Sponsorship Between the City of Edmonds and The Edmonds Chamber of Commerce Foundation.   E. AM-3683 Interlocal Agreement with the City of Lynnwood to fund the Recycling Coordinator for 2011 and 2012.   F. AM-3676 Amendment to the Interlocal Agreement with the Lake Ballinger/McAleer Creek Watershed Forum.   G. AM-3677 Authorization for the Mayor to sign the Professional Services Agreement with Murray, Smith & Associates for engineering services on the 2011 Waterline Project.   H. AM-3694 Amendment to Hearing Examiner Contract. Packet Page 1 of 348 H. AM-3694 Amendment to Hearing Examiner Contract.     3. (30 Minutes) AM-3670 Public hearing on the consideration of adoption of a zoning moratorium on the establishment of Medical Marijuana Dispensaries and declaring them to be an illegal use under state law and the city's zoning code.   4. (15 Minutes) AM-3679 Consideration of an ordinance amending the provisions of Chapter 4.72 ECC to establish an appeal procedure for the denial of a business license and clarifing certain terms and procedures.   5.Audience Comments  (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   6. (15 Minutes) AM-3688 Resolution of the City Council of the City of Edmonds, Washington, opposing the creation of a Regional Washington State Ferries District that would result in partially shifting the State responsibility to operate and maintain a statewide transportation infrastructure to local communities.   7. (20 Minutes) AM-3673 Community Solar Agreements.   8. (10 Minutes) AM-3682 Authorization to evaluate site for purchase for storm water or park use.   9. (15 Minutes) AM-3686 Report on City Council Committee Meetings of January 11, 2011.   10. (5 Minutes) Mayor's Comments   11. (15 Minutes) Council Comments   Adjourn   Packet Page 2 of 348 AM-3675   Item #: 2. B. City Council Meeting Date: 01/18/2011 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Approval of City Council Meeting Minutes of January 4, 2011. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Attachments 01-04-11 Draft City Council Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 01/13/2011 01:15 PM Final Approval Sandy Chase 01/13/2011 01:16 PM Form Started By: Sandy Chase Started On: 01/12/2011 02:27 PM Final Approval Date: 01/13/2011  Packet Page 3 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES January 4, 2011 At 6:15 p.m., Mayor Cooper announced that the City Council would meet in executive session regarding threatened litigation and labor negotiations. He stated that the executive session was scheduled to last approximately 1 hour and 45 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Cooper, and Councilmembers Bernheim, Plunkett, Fraley-Monillas, Buckshnis, Peterson, Petso and Wilson. Others present were City Attorney Scott Snyder, Assistant Police Chief Jim Lawless, and City Clerk Sandy Chase. The executive session concluded at 7:05 p.m. The regular City Council meeting was called to order at 7:08 p.m. by Mayor Cooper in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Mike Cooper, Mayor Strom Peterson, Council President Steve Bernheim, Councilmember D. J. Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Peter Gibson, Student Representative STAFF PRESENT Jim Lawless, Assistant Police Chief Stephen Clifton, Community Services/Economic Development Director Lorenzo Hines, Finance Director Rob Chave, Planning Manager Gina Coccia, Planner Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA Mayor Cooper requested Item 13, Discussion and Potential Action on a Proposed Resolution Creating a Planning Committee to Consider a Regional Fire Authority, be moved to Item 8A. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 21, 2010. C. APPROVAL OF CLAIM CHECKS #123003 THROUGH #123023 DATED DECEMBER 21, 2010 FOR $389,972.56, AND #123024 THROUGH #123171 DATED DECEMBER 29, 2010 FOR $247,255.55. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #50107 THROUGH #50135 DATED DECEMBER 20, 2010 FOR $621,822.20. Packet Page 4 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 2 D. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF EDMONDS AND MIKE DOUBLEDAY. E. RESOLUTION NO. 1240 – THANKING COUNCILMEMBER STEVE BERNHEIM FOR HIS SERVICE AS COUNCIL PRESIDENT. F. ORDINANCE NO. 3832 – AMENDING THE PROVISIONS OF ECC 1.03.030 TO DIRECT STAFF TO PROVIDE INFORMATION TO THE CITY COUNCIL WHEN PUBLICATION OF AN ORDINANCE IS DELAYED, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 3. PRESENTATION OF RESOLUTION AND PLAQUE TO COUNCILMEMBER STEVE BERNHEIM. Councilmember Peterson read a resolution highlighting many of Council President Bernheim’s accomplishments during 2010. He presented the resolution along with a plaque thanking Mr. Bernheim for serving as Council President. Mayor Cooper expressed his thanks to Councilmember Bernheim for his service as Council President. 4. SELECTION OF COUNCIL PRESIDENT FOR 2011. COUNCILMEMBER FRALEY-MONILLAS NOMINATED STROM PETERSON FOR THE POSITION OF COUNCIL PRESIDENT FOR 2011. COUNCILMEMBER WILSON SECONDED THE NOMINATION. Councilmember Fraley-Monillas commented after working with Councilmember Peterson over the past year, she felt he would be a great Council President for the Council and citizens. She urged the Council to support his selection as Council President. THE VOTE ON THE NOMINATION FOR STROM PETERSON FOR THE POSITION OF COUNCIL PRESIDENT FOR 2011 CARRIED UNANIMOUSLY. 5. SELECTION OF COUNCIL PRESIDENT PRO TEM FOR 2011. COUNCILMEMBER PLUNKETT NOMINATED LORA PETSO FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2011. COUNCILMEMBER BERNHEIM SECONDED THE NOMINATION. THE VOTE ON THE NOMINATION FOR LORA PETSO FOR THE POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2011 CARRIED UNANIMOUSLY. 6. APPOINTMENT OF COMMITTEE REPRESENTATIVES. Council President Peterson read the following Committee appointments: Committee Representative Community Serv./Dev. Serv. Committee Councilmembers Plunkett and Fraley-Monillas Finance Committee Councilmembers Bernheim and Petso Public Safety Committee Councilmembers Buckshnis and Wilson Citizens Economic Development Committee Councilmembers Buckshnis and Plunkett City-wide Parking Committee Councilmembers Fraley-Monillas and Petso Community Technology Advisory Committee Councilmember Plunkett Community Transit Councilmember Bernheim Packet Page 5 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 3 Disability Board Councilmembers Fraley-Monillas and Peterson Highway 99 Task Force Councilmembers Plunkett and Bernheim Historic Preservation Advisory Commission Councilmembers Plunkett and Petso Lake Ballinger Work Group Councilmember Wilson Lodging Tax Advisory Committee Councilmember Wilson PFD Oversight Committee Councilmember Petso Port of Edmonds Councilmember Bernheim SeaShore Transportation Forum Councilmember Bernheim SNOCOM Councilmember Wilson and Police Chief Compaan Snohomish County Health District Councilmember Fraley-Monillas Snohomish County Tomorrow Councilmember Buckshnis South Snohomish Cities Councilmember Fraley-Monillas Salmon Recovery - WRIA-8 Councilmember Buckshnis Council President Peterson explained it had been agreed during budget discussions that the Municipal Court Review, Community Outreach and Long Range Task Force Committees were no longer needed. 7. RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT RESOLUTION NO. 1241, APPOINTING COUNCILMEMBER ADRIENNE FRALEY- MONILLAS TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. Councilmember Buckshnis requested she be appointed as an alternate. City Clerk Sandy Chase advised in the past there had not been a formally designated alternate. The Health District Board could be informed that Councilmember Buckshnis would serve as the alternate. It was agreed Councilmember Fraley- Monillas would ask Councilmember Buckshnis to attend any meetings she was unable to attend. MOTION CARRIED UNANIMOUSLY. 8. RESOLUTION APPOINTING COUNCILMEMBERS AS REPRESENTATIVE AND ALTERNATE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO APPROVE RESOLUTION NO. 1242, APPOINTING COUNCILMEMBER STEVE BERNHEIM AS THE REPRESENTATIVE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION. MOTION CARRIED UNANIMOUSLY. 8A. DISCUSSION AND POTENTIAL ACTION ON A PROPOSED RESOLUTION CREATING A PLANNING COMMITTEE TO CONSIDER A REGIONAL FIRE AUTHORITY. Councilmember Wilson explained a Regional Fire Authority (RFA) planning committee was previously established with former Mayor Haakenson, former Councilmember Wambolt and him participating. The proposed resolution reaffirms that planning committee and appoints new members. It was originally assumed the members of the Public Safety Committee and the Mayor would participate, as the membership of the Public Safety Committee has changed, he asked whether Councilmember Fraley- Monillas wanted to defer membership on the planning committee to Councilmember Buckshnis as the new member of the Public Safety Committee. Packet Page 6 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 4 Council President Peterson suggested since a great deal of Councilmember Buckshnis’ time is taken by her leadership of the Citizen Levy Committee and both issues are on parallel tracks, another Councilmember be appointed to the RFA planning committee. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE RESOLUTION NO. 1243, REPLACING COUNCILMEMBER ADRIENNE FRALEY-MONILLAS WITH COUNCILMEMBER LORA PETSO. Councilmember Plunkett asked whether more than three people could serve on the planning committee such as citizens. Mayor Cooper answered the statute that created RFAs is very clear that the planning committee consist of three elected officials from each jurisdiction. Their meetings are subject to the Open Public Meetings Act. He remarked Fire District 1 has three Fire Commissioners on the planning commission, Fire Chief Widdis and other staff routinely attend the meetings. Because three members of the Fire District Board of Commissioners constitutes a quorum, the planning committee meetings are noticed as a special meeting. Citizens cannot be voting members of the committee but it is beneficial to have citizen input at the planning committee meetings. MOTION CARRIED UNANIMOUSLY. 9. PUBLIC HEARING ON HOME OCCUPATIONS (ECDC 20.20) - A PROPOSED CODE AMENDMENT THAT ADDRESSES THE ISSUES OF PERMIT TYPE, PROCESS AND COST, INCLUDING THE DEGREE THAT CUSTOMERS, EMPLOYEES OR SIGNAGE SHOULD BE PERMITTED FOR HOME OCCUPATIONS IN RESIDENTIAL ZONES (FILE NO. AMD20100016). Planner Gina Coccia explained ECDC was currently under review and amendments are proposed to meet the following purposes: streamline the home occupation process, reduce fees to small business owners, support home based work and preserve the residential character of neighborhoods. On May 11, 2010 the Community Services/Development Services Committee directed staff to work with the Planning Board on this issue. The Planning Board discussed this item at their July 14 and October 14 meetings and the Code Enforcement Officer provided his opinions at the October 14 meeting. Minutes of the Planning Board meetings are contained in Exhibit 4. The Planning Board held a public hearing on November 10 and forwarded a recommendation to the Council which is contained in Exhibit 1. ECDC 21.40.040 defines home occupation as an economic enterprise operated within a dwelling unit or buildings accessory to a dwelling unit incidental and secondary to the residential use of the dwelling unit including the use of a dwelling unit as a business address in the phone directory or as a post office mailing address. Currently when home occupation applications are submitted to the City Clerk’s office, they are routed to various departments for consideration of compliance with applicable codes. Under the current process, a Conditional Use Permit (CUP) is available for any business that does not meet all the home occupation criteria in Title 20.20. A CUP requires a public hearing before the Hearing Examiner and costs $1,550. One of the proposed changes is an Administrative CUP, a Type II administrative staff decision with a fee of $585. Ms. Coccia reviewed existing criteria for permitting a home occupation contained in Exhibit 2: 1. Is carried on exclusively by a family member residing in the dwelling unit; and 2. Is conducted entirely within the structures on the site, without any significant outside activity; and 3. Uses no heavy equipment, power tools or power sources not common to a residence; and 4. Has no pickup or delivery by business related commercial vehicles (except for the U.S. Mail) which exceeds 20,000 pounds gross vehicle weight; and 5. Creates no noise, dust, glare, vibration, odor, smoke or other impact adverse to a residential area beyond that normally associated with residential use; and Packet Page 7 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 5 6. Does not include any employees outside of the family members residing at the residence, including but not limited to persons working at or visiting the subject property; and 7. All performance criteria established pursuant to ECDC 17.60.010 Ms. Coccia referred to a matrix in Exhibit 3 that compares other cities’ home occupations review processes. For example, Shoreline allows one non-family employee, Lynnwood allows one customer per hour between 9:00 a.m. and 9:00 p.m. but no employees or vehicles on or near the site, and Mercer Island does not have a land use process for home occupations, it is complaint driven. The Planning Board also considered new definitions; a home occupation for urban farming is defined as the display or sale of edible farm products or fresh produce grown onsite, an artist studio, defined as the display or sale of handmade products, artwork that is produced on site. Items or artwork created offsite are not included in the definition. She proposed the following process change: staff would evaluate proposals to ensure adequate parking for customers and employees, appropriate signage scale and design, protect the neighborhood from degradation from vehicles parking offsite, indiscrete signage. The administrative CUP Type II application process is currently used for accessory dwelling units and tree cutting permits. When evaluating how the code could/should be changed she suggested the Council and citizens consider more examples of home occupation such as a construction company, part-time music teacher, busy massage therapist, part-time hair dresser, an accounting firm, or a martial arts instructor with a home studio. The Planning Board asked themselves several questions – which types of businesses would a neighbor or passerby notice? Which types of impacts are important to consider in a neighborhood setting? How could the code be rewritten so that neighbors do notice an impact to the residential quality? How should the City regulate home occupations? What is the difference between visits from employees and customers? What impacts would urban farmers and artist studios have? Home occupation is a permitted secondary use in all R zones; the primary use must still be residential. The Planning Board and staff agree a $1,550 Type III-B CUP heard by the Hearing Examiner is not necessarily appropriate. Staff can conduct the same review via a Type II permit to analyze proposals on a case-by-case basis. Public notice, public comment periods and a sign are still required as part of the Type II process. Ms. Coccia explained the intent of residential zones was to protect residential uses from noise, odor, dust and heavy truck traffic that may result from more intense uses. The proposed changes would outright allow employees, customers and signage. The Planning Board considered whether that would fit with residential zones. She summarized the proposed changes in Exhibit 1 would allow some things to be permitted outright such as customers and employees which would streamline the process. Under the current process, a home occupation that included employees and/or customers would require a CUP. Another option would be to retain the current code and only change the process. Ms. Coccia reviewed the changes proposed in Exhibit 1: 1. Reference to the City’s Community Sustainability Element of the Comprehensive Plan was added to the Purpose section (20.20.000). 2. One employee would be permitted outright (20.20.010.A.6). Currently no employees are permitted to visit the site. This is a major change to the code. 3. Reference to the commercial vehicle standards from ECDC 17.50.100 was inserted, warning folks that a separate review process is required if they would like to have a commercial vehicle in excess of 10,000 pounds GVW. Packet Page 8 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 6 4. The home occupation could have one visit by a vehicle per hour between the hours of 8:00 a.m. and 9:00 p.m. (20.20.010.A.9). This implies that the vehicle could contain more than one customer. Currently no customers are permitted to visit the site. This is a major change to the code. 5. A section was deleted that explains how a business license can be revoked if it is found that a customer visited the premises, because it is recommended that the code be amended to allow customers. 6. If a business can not meet the permitted use criteria outright, then a conditional use permit is required. The process was changed (ECDC 20.20.010.B) so that the conditional use permit review is administrative and conducted by staff as a “Type II” permit ($585) instead of going to the Hearing Examiner for review ($1,550). This is a major change to the code. 7. A section was deleted that describes how traffic from customers should not be generated from outside the neighborhood (ECDC 20.10.010.B.5). This is impossible to document and enforce. 8. Regulations added that require not more than one employee to visit per day, not more than one customer vehicle per hour, and prohibits customers from coming to visit at night between 9:00 p.m. and 8:00 a.m. The Code Enforcement Office stated at the Planning Board meeting this is on the honor system and impossible to enforce. 9. Regulations added that require the applicant to prove there is sufficient parking (for three vehicles) if they would like to have customers or employees. 10. Two new definitions were created: “Urban Farming” and “Artist Studio” along with associated regulations (20.10.010.C and 20.10.010.D). 11. A section on prohibited home occupations was deleted. 12. Commercial signage in residential zones was discussed. Currently, the sign code allows residents to erect a 4 square foot sign in residential zones (e.g. “The Smith Family”) without a building permit, but the home occupation code did not allow commercial signs outright (e.g. “Smith’s Accounting Services”). A section was changed to clarify that commercial signage would be allowed, so long as the total residential signage does not exceed the allowed 4 square feet. Also, that a building permit is required so review can be conducted. 13. The current code allows for an applicant to ask the Hearing Examiner for anything that isn’t outright permitted with their conditional use permit application. The Planning Board agreed that the process should be changed to allow staff to conduct the conditional use permit review. Ms. Coccia explained one detail may have been overlooked during the last draft revision. As written, the recommended code does not allow the applicant to ask staff for anything that is not outright permitted; Sections 20.20.010.B.4, 2020.010.B.5 and 20.20.010.B.6 place limitations on customers and employee visits. Staff recommends the City Council hold a public hearing on this topic to discuss the pros and cons of each potential change, and at the conclusion of the public hearing, direct the City Attorney to prepare an ordinance to implement the Planning Board’s recommendation. Councilmember Plunkett asked whether there was a standard for the number of customers per hour under the existing CUP process. Ms. Coccia answered no, it was part of the review. Councilmember Plunkett referred to the proposed change that would require the applicant to prove there is sufficient parking. He asked how an applicant proved they had sufficient parking, what is the definition of sufficient parking and was the parking required to be off-street. Ms. Coccia answered under the current CUP process, the applicant submits a site plan and identifies where vehicles could be parked onsite. At the public hearing additional on-street parking may be referenced. Under the proposed administrative CUP, she anticipated an applicant could submit with their business license application a site plan that shows available parking. Packet Page 9 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 7 Councilmember Plunkett asked whether under the proposed staff review the parking could be onsite or offsite. Ms. Coccia answered parking was required to be provided onsite. Councilmember Plunkett clarified the requirement was parking for three vehicles onsite. Councilmember Plunkett anticipated making three amendments and asked whether this item would need to be referred back to the Planning Board. City Attorney Scott Snyder answered following the public hearing, the Council could refer changes to the Planning Board or the Council could approve changes as long as they were within the range of alternatives considered by the Planning Board. Councilmember Buckshnis asked if the proposed changes would affect all zones. Ms. Coccia answered only R zones, single family and multi family residential. Councilmember Buckshnis observed enforcement was complaint based or the honor system. Ms. Coccia stated that is the current process. Councilmember Buckshnis commented other areas promote co-op artist studios and shared office space. She asked how this issue arose, if it was an effort to reduce greenhouse emissions or promote home businesses. Ms. Coccia stated the City frequently has to inform home occupation applicants that they are unable to have customers unless they complete the $1,550 CUP process. Councilmember Buckshnis asked how many people have objected. Ms. Coccia referred to testimony at the Planning Board public hearing. Student Representative Gibson inquired about the height limit for signage. Ms. Coccia advised the sign code chapter, ECDC 20.60 contains sign regulations. Student Representative Gibson referred to the proposed restriction on vehicles visiting the residence from 9:00 p.m. to 8:00 a.m. and asked if customers could walk to the residence during those hours. Ms. Coccia answered the Planning Board discussed customers and it was changed to vehicles. She agreed that was unclear. Mayor Cooper opened the public participation portion of the public hearing. Jonathan Bannister, Edmonds, Executive Director, Pacific Northwest Budo Association, expressed his support for the changes proposed by staff to ECDC 20.20 with regard to home occupations. As stated in his remarks to the Planning Board, he has been a martial arts and cultural arts instructor for many years. Until two years ago, he operated a very successful school in Seattle which collapsed due to the economic downturn. He now has a small number of students who would like to continue practicing in his home studio. He described his practice of martial arts since the age of 8, traveling the world teaching tens of thousands of people. He wanted to bring students to Edmonds because it is a remarkable place for those interested in artistic endeavors and he would like to bring the refined arts he has studied to Edmonds. The practices he engages in are very self-disciplined, quiet and would contribute to the quality of life in Edmonds. He expressed his gratitude to the efforts of staff and the Council who brought this issue forward. He also expressed his admiration and satisfaction with the Planning Board’s process. Rick Spellman, Edmonds, expressed his vehement opposition and great concern with the proposed changes to the home occupation section of the ECDC. The changes have the potential over time to completely and permanently erode the single family residential zones which also devalue Edmonds neighborhoods. He found it unfair to residents who purchased homes in single family zones for the purpose of what the zones have to offer – single residential, family-friendly neighborhoods – to abruptly change the zone to allow business-oriented traffic, noise and pollution. He disagreed that limiting the number of trips to home occupation businesses will preserve the character of residentially zoned neighborhoods, finding the proposal would disrupt the peace, quiet and clean air of single family, friendly residential areas and not preserve its character. The proposed change would allow 13 vehicles to visit a home occupation between 8:00 a.m. and 9:00 p.m. plus one employee vehicle. If there were three allowed businesses in a neighborhood that would equate to 84 trips per day. The proposal does not limit the number of home occupation businesses allowed in a neighborhood; a single block, dead-end street or cul- Packet Page 10 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 8 de-sac could be greatly impacted. He posed several questions such as 13 customers arriving in the first 4 hours, how a business would be closed to customers if the number of vehicles were exceeded for the day, and whether most homes had driveway space for three vehicles. With only one Code Enforcement Officer in the City he anticipated affected neighbors would be required to provide enforcement, pitting neighbors against each other. He was dismayed that the Planning Board had allowed such a vague a proposal with such questionable benefit to be approved. He summarized it may be called home occupation zoning but he felt it was commercial zoning. (Councilmember Fraley-Monillas left the meeting at 8:00 p.m.) Roger Hertrich, Edmonds, agreed with Mr. Spellman’s comments. He recalled concern in the past with customers visiting a dentist who operated his practice in Talbot Park. He suggested Councilmembers consider how they would react if a home occupation were located in their neighborhood. He suggested this be the beginning of the discussion, publicizing the matter and holding a second public hearing, anticipating more citizens would testify in the future. He questioned the size of vehicles that would be allowed to visit the residence, the size of allowed signage, and groups visiting a business versus one customer per hour. He suggested this topic needed further review. Mayor Cooper closed the public participation portion of the public hearing. Councilmember Plunkett referred to the comment that this was an abrupt change, pointing out there were permitted home occupations in neighborhoods today. Ms. Coccia explained the proposed changes would allow customers and employees outright. Councilmember Plunkett asked whether a home occupation could currently have customers. Ms. Coccia explained they could not without an approved CUP. Councilmember Plunkett commented a citizen such as Dr. Bannister could have a home occupation with customers today as long as he obtained a CUP. Councilmember Plunkett explained this topic began with a conversation he had with Dr. Bannister regarding the $1,550 expense of a CUP. The original concept was to allow staff review of a CUP to reduce the cost. He asked whether the existing code could be retained and simply change it to a staff- equivalent CUP. He asked what constituted a staff-equivalent CUP. Ms. Coccia explained a Type II administrative staff decision is a CUP and property owners within 300 feet of the property are notified, a sign is placed on the property and notice is published the same as a public hearing. If a neighbor wanted to appeal the staff decision, it would be heard by the Hearing Examiner at a public hearing. Councilmember Plunkett asked whether the applicant would be required to pay an appeal fee to the Hearing Examiner. Ms. Coccia answered the appellant would pay the appeal fee. Councilmember Plunkett summarized a home occupant applicant would pay a $585 fee for the Type II review and the neighbors would be notified. Ms. Coccia explained neighbors with concerns/comments could contact staff before the close of the comment period. Staff would analyze their concerns in the staff report and reach a decision. If any party of record disagrees with the decision, they have the right to appeal. Councilmember Plunkett observed the Council could theoretically retain the provisions in the existing code and the Type II review would lower the cost from $1,550 to $585. Ms. Coccia agreed. Councilmember Petso asked if a CUP could be revoked if “something went wrong” such as groups of customers visiting a business. Ms. Coccia stated it would become a code enforcement issue at that point. Councilmember Plunkett asked how revising the fee could be accomplished. Mr. Snyder advised fees were established via resolution; if the Council instructed, staff could revise the fee and schedule it on a future agenda. Packet Page 11 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 9 Councilmember Bernheim commented in spite of comments regarding negative effects of home occupations, he was supportive of expanding the availability of a home occupation to residents. He remarked the agenda memo was one of the best he had seen and included a redline version of the code, background materials, etc. If problems developed such as vehicles interfering with the neighborhood character or too many businesses opening that changed the character, there were remedies available. He commented the reason for increasing the availability of home occupations was due to the number of people out of work who are unable to legally have a home occupation that has an employee. He experienced that difficulty himself. He anticipated residential neighborhoods would have more professional activities in the future. Councilmember Wilson agreed with Councilmember Bernheim’s comments. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO IMPLEMENT THE PLANNING BOARD’S RECOMMENDATIONS. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND EXHIBIT 1, PAGE 2, ITEM 6 TO DELETE THE AMENDED LANGUAGE SO THAT IT READS, “DOES NOT INCLUDE ANY EMPLOYEES…” Councilmember Wilson recalled he originally started his business in his home. He did not have any customers but hired an employee and an intern who worked in an extra room. When he learned he could no longer operate a successful business with an employee and an intern working in a room, he rented an office but he was able to grow his business by starting with one employee and an intern in his home. His neighbors on both sides have home occupation businesses. He acknowledged the intent of the amendment was good but in his experience, if a business was doing well enough to have 13 customer visits a day, they would need an outside office to serve more customers. He did not want to prohibit people from growing their business by prohibiting employees. The concerns are legitimate but in his experience were more likely theoretical than practical. Councilmember Petso did not perceive the amendment as prohibiting people from growing their business. The code states a home occupation can be approved outright without employees; for a person to grow their business and add an employee would require a Type II review process. Councilmember Bernheim stated he would not support the amendment as one employee was a small number and in these difficult economic times, home occupations were important. He doubted neighbors would be asking staff to review the impact of one employee on their neighborhood’s character. Mayor Cooper stated his wife has a home occupation but has no customers that visit their residence or any employees. UPON ROLL CALL, MOTION TIED (3-3), COUNCILMEMBERS PETSO, PLUNKETT AND BUCKSHNIS VOTING YES; AND COUNCIL PRESIDENT PETERSON AND COUNCILMEMBERS WILSON AND BERNHEIM VOTING NO. (Councilmember Fraley- Monillas was not present for the vote.) MAYOR COOPER VOTED NO, AND THE AMENDMENT FAILED (3-4). COUNCILMEMBER PLUNKETT MOVED TO AMEND EXHIBIT 1, PAGE 2, ITEM 9 TO READ, “DOES NOT INCLUDE VISITS FROM CUSTOMERS IN EXCESS OF ONE VEHICLE EVERY TWO HOURS PER HOUR…” MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO AMEND EXHIBIT 1, PAGE 3, ITEM 7, TO READ, “IF VISITS TO THE SITE ARE TO BE Packet Page 12 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 10 MADE BY EITHER AN OFF-SITE EMPLOYEE OR CUSTOMER, ON-SITE PARKING SHALL BE PROVIDED FOR AT LEAST TWO (2) THREE (3) VEHICLES; AND” Student Representative Gibson asked if the change assumed the homeowner had another parking space as the proposal for three parking spaces provided parking for the homeowner, one employee and one customer. Ms. Coccia explained any single family residential zone was required to provide two onsite parking spaces which may be stacked. The intent of the proposal was to allow two stacked spaces in the driveway and one additional space for a total of three. Councilmember Plunkett summarized the intent of the proposed language was to accommodate a total of three vehicle regardless of who they belonged to. Ms. Coccia agreed. COUNCILMEMBER PLUNKETT WITHDREW HIS MOTION WITH THE AGREEMENT OF THE SECOND. Councilmember Plunkett referred to Exhibit 1, page 5, Item B regarding signs and asked if signs remained a CUP, could Item B be changed to a Type II review. Ms. Coccia agreed it could. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND EXHIBIT 1, PAGE 5, ITEM, B TO READ, “A SIGN IS PERMITTED IN CONJUNCTION WITH A TYPE II PERMIT.” Councilmember Wilson asked if the proposed language allows a sign with a home occupation permit and continues the existing authority under the CUP to allow a sign. Ms. Coccia explained a commercial sign is currently not permitted outright; a sign can be allowed via a CUP. Councilmember Plunkett clarified the proposed language would allow a sign outright. Ms. Coccia agreed, noting it also clarifies the difference between a commercial sign in a residential zone. Councilmember Plunkett summarized his amendment split the difference and would allow a sign via a Type II administrative staff decision. Councilmember Wilson supported home occupations but did not support allowing signs. The current code states a sign can be permitted via the CUP process which costs $1,550. The proposed language allows a 4 square foot sign and Councilmember Plunkett’s proposal is to split the difference. He preferred not to allow any signs for a home based business without a CUP process. Councilmember Bernheim expressed his opposition to the amendment, commenting a 4 square foot sign was very small. Councilmember Plunkett explained he proposed the amendment assuming the main motion would pass. If the Council was willing to give more scrutiny to signs as Councilmember Wilson suggested, he preferred to be more stringent. COUNCILMEMBER PLUNKETT WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND TO RETAIN THE EXISTING LANGUAGE IN EXHIBIT 1, PAGE 5, ITEM B, “A SIGN IS PERMITTED IN CONJUNCTION WITH A CONDITIONAL USE PERMIT.” Planning Manager Rob Chave pointed out the existing language allows via a CUP a home occupation to have an additional 3 square feet allocated to the home occupation sign. The proposed language states a home occupation sign is permitted but it is counted as part of the total 4 square feet allowed on residential property. The proposed language expanded the ability for a home occupation sign but restricted the total to 4 square feet and would not allow a total of 7 square feet of signage. Councilmember Wilson observed under the existing language a home occupation could have a total of 7 square feet of signage via a CUP. Packet Page 13 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 11 Councilmember Wilson suggested the Council vote on the intent of the amendment and staff revise the ordinance accordingly, not allowing a total of 7 square feet and limiting signage to 4 square feet and require a CUP process. Council President Peterson clarified under the proposed language a home occupation could have a 4 square foot sign and could request a larger sign via a CUP. Under the existing language and the amendment, no sign was allowed without a CUP process. He asked whether the intent was to limit all residential home occupation signs. Councilmember Plunkett answered yes; his intent was to limit signs to a total of 4 square feet. Council President Peterson asked whether the amendment would also require an amendment to the sign code to limit a home occupation sign to 4 square feet. Councilmember Plunkett agreed that was his intent. Mr. Snyder relayed his understanding of the motion was to allow a home occupation sign via a CUP. There was not a proposal to change the last sentence in that item nor was there a proposal to change the 4 foot maximum in the sign code. The 4 square foot maximum would continue to apply and a portion of the sign could be used to reference a business if approval was granted via the CUP process. Councilmember Plunkett agreed that was his intent. Mr. Snyder summarized there would still be a 4 square foot limit regardless but the business could only be mentioned in the sign with a CUP. Councilmember Bernheim commented a homeowner could have a 4 square foot sign now; the only change was making it illegal to have the home occupation on that sign without a CUP. He was opposed to the amendment, preferring that people be allowed to have small signs that state anything they want including advertising their home business. Councilmember Plunkett clarified a sign advertising a home business would not be illegal, it would be conditional. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS BUCKSHNIS, PLUNKETT, WILSON AND PETSO VOTING YES; AND COUNCIL PRESIDENT PETERSON AND COUNCILMEMBER BERNHEIM VOTING NO. (Councilmember Fraley-Monillas was not present for the vote.) Councilmember Buckshnis asked whether neighbors were notified of a home occupation. Ms. Coccia answered there would be notification via a Type II administrative staff decision. The change was from a public hearing before the Hearing Examiner to a staff review; there would still be notification. MAIN MOTION AS AMENDED CARRIED (4-2), COUNCILMEMBER PLUNKETT AND COUNCILMEMBER PETSO VOTING NO. (Councilmember Fraley-Monillas was not present for the vote.) 10. AUDIENCE COMMENTS Finis Tupper, Edmonds, referred to Councilmember Wilson’s questions of the Public Works Director Phil Williams following his comments at the last Council meeting regarding leakage from the City’s water system. He referred to the 2009 Water Efficiency Reports available on the Washington State Department of Health website that indicates Edmonds annual water leakage is 7.6%. He disputed Mr. Williams’ contention that the water leakage rates of other water purveyors were similar; Olympic View reported 4.4%, Alderwood Water reported 6.6% and Everett reported 2.3%. He asserted that in 2002 the City Council asked staff to look for leaks; he has been unable to ascertain who the City hired to look for the leaks. Next, he referred to the approval of an addendum to the Hearing Examiner service agreement on the December 21 Consent Agenda. The agreement has a non-assignment clause; he disagreed with the City Attorney’s determination that the new corporation was a successor entity, explaining if the old corporation was being dissolved and had no property or liabilities the new corporation was not a Packet Page 14 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 12 successor entity. The City of Carnation’s consent agenda includes a contract for Sharon Rice, a new entity that required a new contract. Roger Hertrich, Edmonds, commented although it was a new year, there were old issues such as REET money, bonds issues and the REET funds. He referred to a statement by the Finance Director last month that a payment was made on the bond issue, however, he had been unable to locate a record of when that payment was made, what fund it was taken from, and what bank account was used for the payment. (Councilmember Wilson left the meeting at 8:30 p.m.) 11. INTERLOCAL AGREEMENT AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA. Community Services/Economic Development Director Stephen Clifton introduced Doug Bartells, Holiday Inn, Everett, representing the Snohomish County Lodging Association; and Keith Lander, Best Western Cascadia, who were present to answer questions. The Council packet contains a letter from Snohomish County Councilmember Dave Gossett requesting on behalf of the Snohomish County Council that the City Council approve the Interlocal Agreement authorizing establishment of the Snohomish County Tourism Promotion Area. Enabling legislation was approved by the Washington State Legislature in 2003 authorizing cities and counties to create tourism promotion areas where a lodging charge could be collected to promote tourism within the promotion area. This information was presented to the Finance Committee on December 14, 2010. The Tourism Promotion Area (TPA) is a self-funding mechanism whereby a $1/night fee is collected from lodging facilities with 50+ rooms. The funds are collected by the Department of Revenue who returns the funds to the TPA. The TPA uses the funds for general promotion of tourism within Snohomish County, marketing of convention and tradeshows that benefit local tourism and lodging businesses within Snohomish County, marketing of Snohomish County to the travel industry to benefit local tourism and marketing of Snohomish County to recruit sporting events to benefit local tourism and lodging businesses within Snohomish County. The Council packet also contains a fiscal impact statement; there is no fiscal impact to Edmonds from the formation of the TPA. For Councilmember Buckshnis, Mr. Clifton advised he would be the liaison on the Snohomish County Tourism Promotion Area Board for Edmonds. Mr. Clifton reported he contacted representatives of the Edmonds Harbor Inn, the only lodging facility in Edmonds that will collect the fee, and they are supportive of the Interlocal Agreement. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO AUTHORIZE THE MAYOR TO SIGN THE INTERLOCAL AGREEMENT ON BEHALF OF THE CITY OF EDMONDS AUTHORIZING ESTABLISHMENT OF THE SNOHOMISH COUNTY TOURISM PROMOTION AREA. MOTION CARRIED UNANIMOUSLY. (Councilmembers Fraley-Monillas and Wilson were not present for the vote.) 12. DISCUSSION AND POTENTIAL ACTION ON SOUND TRANSIT, CITY OF EDMONDS AND COMMUNITY TRANSIT - TERM SHEET AND INTERLOCAL AGREEMENT. Mr. Clifton explained in January 2010 the City Council approved an Interlocal Agreement and a Development Agreement related to the Sound Transit commuter rail station. The Development Agreement listed the amenities that would be included within the Sound Transit commuter rail station. The Interlocal Agreement granted the non-exclusive right to Sound Transit to use the right-of-way in addition to establishing that Sound Transit would own, operate and maintain the entire commuter rail Packet Page 15 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 13 station. Section 10.1 of the Interlocal Agreement and Section 11.2 of the Development Agreement anticipated the possible assignment of the rights and obligations of Sound Transit related to ownership, maintenance, operation and responsibilities. Although Sound Transit funded construction of the commuter rail station which includes a Community Transit bus transit area, they are asking Community Transit to own, operate and maintain that portion. He displayed a site plan identifying that area. The Interlocal Agreement identifies the responsibilities of Community Transit. A Term Sheet was reviewed by the Finance Committee on December 14; at that time Community Transit had not yet signed the Term Sheet. The Term Sheet established the terms that would be included in the Interlocal Agreement and describes the transit center portion. The Council packet contains the Term Sheet and the signed Interlocal Agreement. City Council approval of the Term Sheet and the Interlocal Agreement, will authorize Mayor Cooper to sign both documents which will then be forwarded to Sound Transit to execute both agreements. Section 3 of the Interlocal Agreement references Sound Transit as the guarantor for ensuring Community Transit fulfills the obligations related to owning, maintaining and operating the facility. If Community Transit were unable to fulfill their responsibilities, Sound Transit would resume responsibility. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO AUTHORIZE THE MAYOR TO SIGN THE TERM SHEET AND INTERLOCAL AGREEMENT ON BEHALF OF THE CITY OF EDMONDS. MOTION CARRIED UNANIMOUSLY. (Councilmembers Fraley-Monillas and Wilson were not present for the vote.) 14. DISCUSSION AND POSSIBLE ACTION REGARDING BOND REFUNDING. Finance Director Lorenzo Hines commented during the bond advisors’ December 14 presentation, they identified the four bond issues that could be refunded. Councilmember Petso asked for confirmation that the Public Safety Reserve Fund contains approximately $1.3 million. Mr. Hines answered yes. Councilmember Petso commented those funds were primarily from the proceeds of the sale of fire apparatus. Mr. Hines explained the funds were from the sale of fire apparatus and funds left over in the 511 Fund designated for Fire. Councilmember Buckshnis referred to the Fire District 1 contract. Table G1 shows the City was to receive approximately $1.4 million for rolling stock. She asked whether the City received that amount. Mr. Hines answered the City received that amount but it was offset by the approximately $800,000 sick leave payout. He had intended to provide the Council a reconciliation but had been unable to do so due to working on the 2011 budget. He will provide the reconciliation in the near future. Mayor Cooper pointed out the Mayor and staff’s recommendation is to refund the bonds that the bond advisors suggested, the four listed in the agenda memo. Whichever bonds the Council authorizes to have refunded, staff would return with an ordinance to take that action. Councilmember Petso asked what action was required if the Council chose to pay off the City Hall portion of the one bond rather than refund it. Mr. Hines asked if the Council wished to refund the remainder of the bond issue. Councilmember Petso assumed so. Mr. Hines explained the portion of the bond related to the City Hall would be paid off and the remainder refunded. Staff would return with an ordinance refunding the remainder. He suggested Council action to authorize the payment. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO REFUND THE BONDS AS RECOMMENDED BY THE MAYOR AND STAFF: 1) 1998 WATER AND SEWER REVENUE BONDS 2) 1998 LIMITED TAX GENERAL OBLIGATION BONDS Packet Page 16 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 14 3) 2001 LIMITED TAX GENERAL OBLIGATION BONDS 4) 2001B LIMITED TAX GENERAL OBLIGATION BONDS WITH THE EXCEPTION OF THE CITY HALL PORTION OF THE 1998 LTGO BOND AND TO PAY THAT WITH THE PROCEEDS IN THE PUBLIC SAFETY RESERVE FUND. Councilmember Bernheim explained the City would save money by refunding the bonds. By using cash reserves to pay off the City Hall bonds, the fund from which the City Hall bonds are paid will be able to accumulate cash that can be used for park acquisition purposes. The availability of those funds would allow the City to attract funds from state and federal sources and continue to expand the City’s parks. Council President Peterson asked the dollar amount of the bond payoff. Mr. Hines answered $1.3 million. Council President Peterson supported refunding the bonds but felt it was reckless to use over $1 million in reserve funds in this economy. He provided the analogy of paying down one’s mortgage, usually a good idea, but not if a person was unsure if they would have a paycheck in the future. There was uncertainty in the City’s future revenues and he did not agree with spending any of the City’s reserves, especially over $1 million. He did not support the motion. Councilmember Plunkett noted Council President Peterson made a good point, but the funds from the sale of fire equipment and additional funds related to the Fire Department were never intended to be used for operations. The Public Safety Reserve funds were always intended to be used for capital expenses only. Paying off the bond would create flexibility in the capital program with regard to parks, walkways and perhaps other projects that do not currently exist. In this real estate market, it may be necessary to move quickly on vulnerable, available property; distressed properties can be purchased at bargain prices. Possibilities have arisen in the past and he assumed others would arise in the future. This is a good time to be flexible and have funds available to take advantage of the distressed real estate market. Councilmember Buckshnis expressed concern that the Council had not received financials but she supported the use of assets for assets and the funds in the Public Safety Reserve Fund were from the sale of fire assets. She supported freeing up those funds so that the funds projected to be received from REET could be used to make park purchases. Council President Peterson agreed with the premise of capital for capital. However, there are other capital expenses the City has not paid for years. He suggested the deferred maintenance schedule for City buildings should be considered capital projects. He suggested the Edmonds Center for the Arts, a historic building, as an example of a City-owned building in serious need of repair. He found it short sighted to pay off City Hall bonds to free up money to buy parks when maintenance of buildings that the City already owns need to be addressed. He found it remarkable that the Council would agree to move forward when the finances are not clear to some Councilmembers. He did not agree with using over $1 million in this economic climate to pay off bonds that did not need to be paid off. He agreed with limiting the use of the Public Safety Reserve Fund to capital expenses, summarizing there were a lot of capital expenses that need to be addressed long before those funds were used to pay off bonds. Councilmember Buckshnis explained under the current policy, the first $750,000 of REET is used for park acquisition and the remainder for streets. If the City Hall bonds are paid off, she suggested lowering the amount used for park acquisition to $500,000 and allocating the remainder for streets. She noted the REET funds are currently used primarily for debt service. She acknowledged her frustration with the numbers but was willing to move forward. Councilmember Petso clarified it was the Council’s current policy to use REET for park acquisition but that policy could be changed by a majority vote of the Council. She recognized there would be multiple uses suggested for those funds if the policy were changed. The motion was to pay off the City Hall bonds so that the revenue was freed up for other uses. This has the added benefit of saving a great deal of interest over the next four years. Packet Page 17 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 15 Councilmember Plunkett commented the Edmonds Center for the Arts is likely already in the Parks and Cultural Arts Comprehensive Plan and it was possible that building could benefit from those funds if the Council chose. There was more flexibility in the use of those funds than purchasing open space and creating traditional parks. MOTION CARRIED (4-1), COUNCIL PRESIDENT PETERSON VOTING NO. (Councilmembers Fraley-Monillas and Wilson were not present for the vote.) 15. DISCUSSION OF PROCEDURE FOR REVIEWING CITY ATTORNEY APPLICANTS. Councilmember Bernheim commented the Council has had an opportunity to review the applications. The purpose of this item is to discuss the procedure for reviewing City Attorney applicants. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO INTERVIEW OGDEN MURPHY WALLACE, GRANT WEED AND GARY MCLEAN. Mayor Cooper assumed the Council intended to follow the process outlined in the City Code, that the interview committee includes the Mayor. Councilmember Bernheim answered it was his intention for the committee to include the Mayor. He disagreed with Mayor Cooper’s characterization of the existing code; the existing code refers to including the Mayor in the context of a procedure that has since been repealed. He anticipated the interviews would be conducted similar to the way Council and Mayor applicants were interviewed. Mayor Cooper explained his intent was to avoid any problems with not following the process as described in the code. He pointed out Councilmember Bernheim has introduced an amendment to remove the Mayor from the process. The process as stated in the current code even with the portion that was repealed requires a committee, which could be the entire Council, that includes the Mayor to narrow the applicants to three which are then interviewed by the full Council. He asked City Clerk Sandy Chase whether that was her understanding of the code. Ms. Chase answered agreed with Mayor Cooper’s understanding but was not prepared to respond further. Councilmember Bernheim referred to the language in the code that states the City Council shall utilize the consultant selection process established by Chapter 2.8. That chapter has been repealed. He clarified his motion was simply that the committee interview the three attorneys/firms. Mayor Cooper reiterated he wanted to prevent a problem in the future if the Council did not follow the City code. He noted that Mr. Snyder is in a difficult position to advise on this matter because his law firm was one of the firms applying for the position. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD THE LIGHTHOUSE GROUP TO THE LIST OF ATTORNEYS TO BE INTERVIEWED. Mayor Cooper relayed three questions/assumptions previously posed to Mr. Snyder: 1. Does the Mayor serve on a Council committee as a participant? 2. The Mayor does not get to select the Councilmembers who participate in the selection process. 3. The Council has the authority to make the final decision. Mr. Snyder’s response to those questions was they were correct, as we discussed the Council needs to appoint the committee. Nothing in the policy or rules that indicates how that is done. The committee could include the entire Council and the Mayor or only a small group of Councilmembers and the Mayor. He noted if the entire Council participated, the meetings would need to be public. He did not object to the law firms that Councilmember Bernheim and Councilmember Petso recommended be interviewed, he Packet Page 18 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 16 wanted to be certain that the interview committee included the Mayor. He recognized the Council would then deliberate and make the selection. Councilmember Plunkett asked whether Mayor Cooper was suggesting the Council not make an initial cut with regard to which attorneys/firms to interview. Mayor Cooper answered the Council and he had reviewed the 11 responses the City received and narrowing the law firms to be interviewed was appropriate. He offered his and the Human Resources Department’s assistance to Council President Peterson with scheduling interviews, drafting questions, etc. He clarified the interview committee was eight people and deliberations were conducted by seven. COUNCILMEMBER BERNHEIM ACCEPTED COUNCILMEMBER PETSO’S AMENDMENT TO ADD THE LIGHTHOUSE GROUP AS A FRIENDLY AMENDMENT TO HIS MOTION. Mayor Cooper restated the motion as follows: TO INTERVIEW OGDEN MURPHY WALLACE, GRANT WEED, GARY MCLEAN AND THE LIGHTHOUSE GROUP. Council President Peterson invited Councilmembers to inform him if they wanted to interview another attorney/firm. Councilmember Bernheim requested the interviews be scheduled within the next month. Mayor Cooper offered to work with Council President Peterson on scheduling interviews if he wished. He suggested scheduling an hour to interview each law firm. Ms. Chase advised a two hour agenda item to interview City Attorney candidates was tentatively scheduled on January 18. Mayor Cooper anticipated interviewing four law firms would require more than two hours. Councilmember Bernheim suggested consideration be given to meeting during the day and not having all the interviews occur at one meeting. MOTION CARRIED UNANIMOUSLY. (Councilmembers Fraley-Monillas and Wilson were not present for the vote.) 16. MAYOR'S COMMENTS Mayor Cooper offered his congratulations and thanks to Councilmember Bernheim for his service as Council President last year. Having had the opportunity to work with him since July, he acknowledged they have had some spirited discussions. He admired the work Councilmember Bernheim did as Council President, recognizing that a great deal had been accomplished including leading the Council through the appointment of two Councilmembers and a Mayor and serving as the interim Mayor. Mayor Cooper reported 40 years ago Washington State brought the first high school cultural exchange wrestling team from Japan. Tomorrow night, the Japanese National High School Team will be in Washington again for the 40th consecutive year and compete at Mountlake Terrace High School at 7:30 against schools in the Wesco division. This is a good opportunity to see wrestling as well as participate in a cultural exchange event. He will host the coaches in his office tomorrow afternoon for a tour of City facilities and discussion about Edmonds. 17. COUNCIL COMMENTS Councilmember Buckshnis congratulated Council President Peterson for his selection as Council President and thanked Councilmember Bernheim for serving as Council President. She noted Councilmember Bernheim and she had also had spirited conversations and she learned a great deal from him. Packet Page 19 of 348 Edmonds City Council Draft Minutes January 4, 2011 Page 17 Councilmember Buckshnis referred to the survey that Councilmember Wilson distributed that includes questions about a levy, reverse annexation and a Regional Fire Authority. She explained the 2010 Citizen Levy Committee continues its work. During the next month the Committee will be reviewing other cities’ monthly budget summaries such as Redmond’s which provide actuals numbers versus budget versus expenditures and net figures. The intent of the Committee is to promote a short and concise message why a levy is needed, clarity of financials and the support of Council and staff members to promote the message. As Mayor Cooper stated in the newspaper, staff has not been withholding information. She agreed staff had been inundated but she had 25+ emails of which only 2 had been answered by Finance. She remarked all other staff members have responded promptly to her inquiries. She was hopeful answers could be provided this year. Council President Peterson wished everyone a Happy New Year. He thanked Councilmembers for their vote of confidence in selecting him as Council President; he looked forward to a busy year. There are several major topics facing the Council including a levy, a Regional Fire Authority as well as other City business. He looked forward to open communication and good dialogue between the Council, staff, and the community. Councilmember Bernheim thanked the Council for allowing him to serve as Council President. He expressed special thanks to Community Services/Economic Development Director Stephen Clifton for providing top notch information, Senior Executive Council Assistant Jana Spellman for her invaluable assistance in preparing materials and informing him what needed to be done, and City Clerk Sandy Chase who single handedly keeps everything moving. Student Representative Gibson echoed Mayor Cooper’s comments about the Japanese wrestling team. 18. ADJOURN With no further business, the Council meeting was adjourned at 9:24 p.m. Packet Page 20 of 348 AM-3681   Item #: 2. C. City Council Meeting Date: 01/18/2011 Time:Consent   Submitted For:Lorenzo Hines Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Approval of claim checks #123172 through #123302 dated January 6, 2011 for $468,011.40, and #123303 through #123438 dated January 13, 2011 for $390,291.57. Approval of payroll direct deposit and checks #50136 through #50168 for the period December 16, 2010 through December 31, 2010 for $675,925.03. Recommendation from Mayor and Staff Approval of claim checks and payroll direct deposit & checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2011 Revenue: Expenditure:1534228.00 Fiscal Impact: Claims $858,302.97 Payroll $675,925.03 Attachments Claim Checks for 1-6-11 Claim Checks for 1-13-11 Form Review Inbox Reviewed By Date Finance Lorenzo Hines 01/12/2011 04:40 PM City Clerk Linda Hynd 01/13/2011 09:33 AM Mayor Mike Cooper 01/13/2011 01:15 PM Final Approval Sandy Chase 01/13/2011 01:16 PM Form Started By: Nori Jacobson Started On: 01/12/2011 04:13 PM Packet Page 21 of 348 Final Approval Date: 01/13/2011  Packet Page 22 of 348 01/06/2011 Voucher List City of Edmonds 1 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123172 1/4/2011 012350 GREENE, CHLORETTA FAY 87 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 771.20 Total :771.20 123173 1/6/2011 041695 3M XAM3522 SS58621 Traffic - Yellow 30"x50Yd Roll Traffic - Yellow 30"x50Yd Roll 111.000.653.542.640.310.00 300.00 9.5% Sales Tax 111.000.653.542.640.310.00 28.50 Total :328.50 123174 1/6/2011 070322 A&A LANGUAGE SERVICES INC AUG, SEPT,OCT, NOV INTERPRETER INTERPRETER 001.000.230.512.501.410.01 1,854.50 Total :1,854.50 123175 1/6/2011 065052 AARD PEST CONTROL 289494 RODENT CONTROL/MEADOWDALE CC RODENT CONTROL 001.000.640.576.800.480.00 82.12 RODENT CONTROL289515 RODENT CONTROL 001.000.640.576.800.480.00 93.08 Total :175.20 123176 1/6/2011 066054 ADIX'S BED & BATH FOR DOGS AND JANUARY 2011 ANIMAL BOARDING FOR 1/11 EDMONDS AC ANIMAL BOARDING FOR 01/11 001.000.410.521.700.410.00 2,032.66 Total :2,032.66 123177 1/6/2011 000710 ALASKAN COPPER & BRASS 750934-1 29351 STAINLESS STEEL 411.000.656.538.800.310.21 839.12 9.5% Sales Tax 411.000.656.538.800.310.21 79.72 1Page: Packet Page 23 of 348 01/06/2011 Voucher List City of Edmonds 2 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :918.84123177 1/6/2011 000710 000710 ALASKAN COPPER & BRASS 123178 1/6/2011 073503 APEX FACILITY RESOURCES INC 9447 INV#9447 - EDMONDS PD ADJUSTABLE HEIGHT BASE UNIT 001.000.410.521.110.350.00 250.00 DELIVERY & INSTALL 001.000.410.521.110.350.00 150.00 9.5% Sales Tax 001.000.410.521.110.350.00 38.00 Total :438.00 123179 1/6/2011 069751 ARAMARK 655-5311297 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 27.75 9.5% Sales Tax 001.000.640.576.800.240.00 2.64 Total :30.39 123180 1/6/2011 069751 ARAMARK 655-5298928 21580001 UNIFORM SERVICE 411.000.656.538.800.240.00 67.38 9.5% Sales Tax 411.000.656.538.800.240.00 6.40 21580001655-5311302 UNIFORM SERVICE 411.000.656.538.800.240.00 67.38 9.5% Sales Tax 411.000.656.538.800.240.00 6.40 Total :147.56 123181 1/6/2011 001441 ASCAP 100003202334 2011 LICENSING FEE 2011 LICENSING FEE 001.000.640.574.200.490.00 309.00 Total :309.00 123182 1/6/2011 070305 AUTOMATIC FUNDS TRANSFER 58405 OUT SOURCING OF UTILITY BILLS 2Page: Packet Page 24 of 348 01/06/2011 Voucher List City of Edmonds 3 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123182 1/6/2011 (Continued)070305 AUTOMATIC FUNDS TRANSFER UB Outsourcing area #200 Printing 411.000.652.542.900.490.00 89.47 UB Outsourcing area #200 Printing 411.000.654.534.800.490.00 89.47 UB Outsourcing area #200 Printing 411.000.655.535.800.490.00 92.19 UB Outsourcing area #200 Postage 411.000.654.534.800.420.00 287.55 UB Outsourcing area #200 Postage 411.000.655.535.800.420.00 287.54 9.5% Sales Tax 411.000.652.542.900.490.00 8.50 9.5% Sales Tax 411.000.654.534.800.490.00 8.50 9.5% Sales Tax 411.000.655.535.800.490.00 8.76 OUT SOURCING OF UTILITY BILLS58412 UB Outsourcing area #700 Printing 411.000.652.542.900.490.00 23.10 UB Outsourcing area #700 Printing 411.000.654.534.800.490.00 23.10 UB Outsourcing area #700 Printing 411.000.655.535.800.490.00 23.79 UB Outsourcing area #700 Postage 411.000.654.534.800.420.00 97.46 UB Outsourcing area #700 Postage 411.000.655.535.800.420.00 97.46 9.5% Sales Tax 411.000.652.542.900.490.00 2.20 9.5% Sales Tax 411.000.654.534.800.490.00 2.20 9.5% Sales Tax 411.000.655.535.800.490.00 2.25 3Page: Packet Page 25 of 348 01/06/2011 Voucher List City of Edmonds 4 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,143.54123182 1/6/2011 070305 070305 AUTOMATIC FUNDS TRANSFER 123183 1/6/2011 073035 AVAGIMOVA, KARINE 1165 INTERPRETER INTERPRETER 001.000.230.512.501.410.01 100.00 INTERPRETER1166 INTERPRETER 001.000.230.512.500.410.01 100.00 INTERPRETER1173 INTERPRETER 001.000.230.512.500.410.01 100.00 Total :300.00 123184 1/6/2011 061659 BAILEY'S TRADITIONAL TAEKWON BAILEY12897 TAEKWON DO CLASSES TAEKWON DO #12897 001.000.640.575.540.410.00 969.50 TAEKWON DO #12901 001.000.640.575.540.410.00 262.50 Total :1,232.00 123185 1/6/2011 070992 BANC OF AMERICA LEASING 017742236 Canon 5870 copier charge (2/1 - 2/28/11) Canon 5870 copier charge (2/1 - 2/28/11) 001.000.610.519.700.450.00 101.35 Canon 5870 copier charge (2/1 - 2/28/11) 001.000.220.516.100.450.00 101.32 Canon 5870 copier charge (2/1 - 2/28/11) 001.000.210.513.100.450.00 101.33 Supply charge 001.000.610.519.700.450.00 25.01 Supply charge 001.000.220.516.100.450.00 25.00 9.5% Sales Tax 001.000.210.513.100.450.00 11.99 Supply charge 001.000.210.513.100.450.00 24.99 9.5% Sales Tax 4Page: Packet Page 26 of 348 01/06/2011 Voucher List City of Edmonds 5 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123185 1/6/2011 (Continued)070992 BANC OF AMERICA LEASING 001.000.610.519.700.450.00 12.01 9.5% Sales Tax 001.000.220.516.100.450.00 12.00 Total :415.00 123186 1/6/2011 002500 BLUMENTHAL UNIFORM CO INC 853120 INV#853120 - EDMONDS PD - PAULSON SERVICE BARS 001.000.410.521.220.240.00 5.85 9.5% Sales Tax 001.000.410.521.220.240.00 0.56 Total :6.41 123187 1/6/2011 067947 BROWNELLS INC 06365058.00 INV#06365058.00 ACCT#00557761 EDMONDS PD 870 BUTTSTOCK BOLT BIT 001.000.410.521.400.480.00 19.42 12 GA BRONZE CHAMBER BRUSH 001.000.410.521.400.310.00 8.56 BR 916 BENCH REST SOLVENT 001.000.410.521.400.310.00 20.60 MAG SPRINGS F94645 001.000.410.521.400.480.00 60.60 Freight 001.000.410.521.400.480.00 11.95 Total :121.13 123188 1/6/2011 073535 CARR, FRANCINE WALSH Refund REFUND FOR OVERPAY FROM BANK Refund for overpayment from bank 001.000.000.111.100.000.00 45.00 Total :45.00 123189 1/6/2011 068484 CEMEX 9420651689 Roadway - Asphalt Roadway - Asphalt 111.000.653.542.310.310.00 245.00 9.5% Sales Tax 111.000.653.542.310.310.00 23.28 5Page: Packet Page 27 of 348 01/06/2011 Voucher List City of Edmonds 6 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123189 1/6/2011 (Continued)068484 CEMEX Street - Washed Sand9420651690 Street - Washed Sand 111.000.653.542.660.310.00 584.66 9.2% Sales Tax 111.000.653.542.660.310.00 53.79 Street - Washed Sand9420661738 Street - Washed Sand 111.000.653.542.660.310.00 254.63 9.2% Sales Tax 111.000.653.542.660.310.00 23.43 Roadway - Asphalt9420705372 Roadway - Asphalt 111.000.653.542.310.310.00 228.40 9.5% Sales Tax 111.000.653.542.310.310.00 21.70 Roadway - Asphalt9420711627 Roadway - Asphalt 111.000.653.542.310.310.00 105.00 9.5% Sales Tax 111.000.653.542.310.310.00 9.98 Total :1,549.87 123190 1/6/2011 061773 CHAVE, ROBERT Chave, Rob Claim for Expenses Chave 1/16 to Claim for Expenses Chave 1/16 to 001.000.620.558.600.430.00 301.66 Chave claim for expenses 6/7 to 10/13/10Chave, Robert Chave claim for expenses 6/7 to 10/13/10 001.000.620.558.600.430.00 193.95 Total :495.61 123191 1/6/2011 019215 CITY OF LYNNWOOD 8363 INV#8363 CUST#47 EDMONDS PD- NARCS SGT NARCOTICS SGT. OCT-DEC 2010 104.000.410.521.210.510.00 9,771.63 Total :9,771.63 6Page: Packet Page 28 of 348 01/06/2011 Voucher List City of Edmonds 7 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123192 1/6/2011 065566 COLLINS, AMY 2010 UNIFORM COLLINS REIMBURSEMENT FOR UNIFORM PANTS UNIFORM PANTS PER MD NOTE 001.000.410.521.110.240.00 196.00 9.5% Sales Tax 001.000.410.521.110.240.00 18.62 Total :214.62 123193 1/6/2011 062975 COLLISION CLINIC INC 16523 Unit 203 - Repairs Unit 203 - Repairs 511.000.657.548.680.480.00 564.60 9.5% Sales Tax 511.000.657.548.680.480.00 53.64 Total :618.24 123194 1/6/2011 070323 COMCAST 0721433 CEMETERY BUNDLED SERVICES CEMETERY BUNDLED SERVICES 130.000.640.536.200.420.00 113.36 Total :113.36 123195 1/6/2011 073508 COMCAST OF WASHINGTON ENG20090041 Expired. No work performed-refund Expired. No work performed-refund 001.000.000.257.620.000.00 120.00 Total :120.00 123196 1/6/2011 004867 COOPER, JACK F 93 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 617.000.510.522.200.230.00 114.00 Total :114.00 123197 1/6/2011 073509 CREES UNDERGROUND CONSTRUCTIONENG20080335 Duplicate permit. Duplicate permit. 001.000.000.257.620.000.00 275.00 Total :275.00 123198 1/6/2011 029900 DEPT OF RETIREMENT SYSTEMS December DRS DECEMBER DRS CONTRIBUTIONS December 2010 drs contributions 811.000.000.231.540.000.00 140,442.46 7Page: Packet Page 29 of 348 01/06/2011 Voucher List City of Edmonds 8 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :140,442.46123198 1/6/2011 029900 029900 DEPT OF RETIREMENT SYSTEMS 123199 1/6/2011 064531 DINES, JEANNIE 10-3160 MINUTE TAKING 12/14 &12/21 Council Minutes 001.000.250.514.300.410.00 429.00 Total :429.00 123200 1/6/2011 068591 DOUBLEDAY, MICHAEL 12312010 STATE LOBBYIST FOR DECEMBER 2010 State lobbyist charges for December 2010 001.000.610.519.700.410.00 2,585.00 Total :2,585.00 123201 1/6/2011 071255 ECOLIGHTS NORTHWEST LLC 51289 Fac Maint - City Wide - Lights Recycling Fac Maint - City Wide - Lights Recycling 001.000.651.519.920.470.00 245.27 Total :245.27 123202 1/6/2011 073037 EDMONDS ACE HARDWARE 001400/1 PARKS & RECREATION MISC. FASTENERS 001.000.640.576.800.310.00 12.60 9.5% Sales Tax 001.000.640.576.800.310.00 1.20 Total :13.80 123203 1/6/2011 073037 EDMONDS ACE HARDWARE 1275/1 Fleet Supplies - Batteries Fleet Supplies - Batteries 511.000.657.548.680.311.00 23.95 9.5% Sales Tax 511.000.657.548.680.311.00 2.28 Planning/Engineering - Shelving Project1380/1 Planning/Engineering - Shelving Project 001.000.620.558.600.490.00 2.90 Planning/Engineering - Shelving Project 001.000.620.532.200.490.00 2.89 9.5% Sales Tax 001.000.620.558.600.490.00 0.28 8Page: Packet Page 30 of 348 01/06/2011 Voucher List City of Edmonds 9 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123203 1/6/2011 (Continued)073037 EDMONDS ACE HARDWARE 9.5% Sales Tax 001.000.620.532.200.490.00 0.27 FAC- Drain Cleaner, Wood Glue1382/1 FAC- Drain Cleaner, Wood Glue 001.000.651.519.920.310.00 8.78 9.5% Sales Tax 001.000.651.519.920.310.00 0.83 FAC - Rivets1387/1 FAC - Rivets 001.000.651.519.920.310.00 7.49 9.5% Sales Tax 001.000.651.519.920.310.00 0.71 Total :50.38 123204 1/6/2011 007675 EDMONDS AUTO PARTS 30276 SPARK PLUGS 9.5% Sales Tax 130.000.640.536.500.310.00 0.86 SPARK PLUGS 130.000.640.536.500.310.00 9.00 Total :9.86 123205 1/6/2011 007905 EDMONDS FAMILY MEDICINE CLINIC E866642 Testing services Testing services 001.000.220.516.210.410.00 182.00 Testing servicesE866742 Testing services 001.000.220.516.210.410.00 11.00 Testing ServicesE868209 Testing Services 001.000.220.516.210.410.00 28.00 Total :221.00 123206 1/6/2011 069523 EDMONDS P&R YOUTH SCHOLARSHIP KO1217 YOUTH SCHOLARSHIPS YOUTH SCHOLARSHIPS: JOSEPH KO, ESTHER 122.000.640.574.100.490.00 225.00 9Page: Packet Page 31 of 348 01/06/2011 Voucher List City of Edmonds 10 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :225.00123206 1/6/2011 069523 069523 EDMONDS P&R YOUTH SCHOLARSHIP 123207 1/6/2011 008410 EDMONDS PRINTING CO R22939 Water - Water Dept Blue Door Hangers Water - Water Dept Blue Door Hangers 411.000.654.534.800.310.00 174.50 9.5% Sales Tax 411.000.654.534.800.310.00 16.58 Total :191.08 123208 1/6/2011 008705 EDMONDS WATER DIVISION 2-26950 LIFT STATION #3 LIFT STATION #3 411.000.655.535.800.470.00 54.28 Total :54.28 123209 1/6/2011 064013 EMERGENCY SERVICES 010-024 848-3488600 (1,000)Sand Bag Fees (1,000)Sand Bag Fees 411.000.652.542.320.310.00 781.00 Total :781.00 123210 1/6/2011 008963 ENERCO INC 12999 Traffic - Flasher Cube, Supplies Traffic - Flasher Cube, Supplies 111.000.653.542.640.310.00 255.00 8.9% Sales Tax 111.000.653.542.640.310.00 22.70 Total :277.70 123211 1/6/2011 073076 ENTERPRISE SECURITY 3538810 Museum - Alarm Monitoring Svc - Museum - Alarm Monitoring Svc - 001.000.651.519.920.480.00 183.00 Total :183.00 123212 1/6/2011 065789 ESTES, KEN 94 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 999.99 Total :999.99 123213 1/6/2011 073529 FEDERAL HOME LOAN MTG CORP 8-50156 RE:#7190-007234 UTILITY REFUND 10Page: Packet Page 32 of 348 01/06/2011 Voucher List City of Edmonds 11 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123213 1/6/2011 (Continued)073529 FEDERAL HOME LOAN MTG CORP RE:#7190-007234 UTILITY REFUND 411.000.000.233.000.000.00 2.73 Total :2.73 123214 1/6/2011 009880 FEDEX 7-338-56555 FEDEX EXPRESS SAVER FED EX TO: HAMPTON TUCKER, GRANTS 001.000.640.574.100.420.00 27.15 Total :27.15 123215 1/6/2011 009895 FELDMAN, JAMES A 123110 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.390.512.520.410.00 12,240.00 Total :12,240.00 123216 1/6/2011 009815 FERGUSON ENTERPRISES INC 1938117 FS 20 - New Hot Water Heater FS 20 - New Hot Water Heater 001.000.651.519.920.310.00 5,449.78 9.5% Sales Tax 001.000.651.519.920.310.00 517.73 Total :5,967.51 123217 1/6/2011 073532 FINNEGAN, MICHELE E2DB.Temp Const 6 E2DB.TEMP CONSTRUCTION EASEMENT.FINNEGAN E2DB.Temp Construction Easement.Finnegan 125.000.640.594.750.410.00 300.00 Total :300.00 123218 1/6/2011 070271 FIRST STATES INVESTORS 5200 309143 TENANT #101706 4TH AVE PARKING LOT RENT 4th Ave Parking Lot Rent Jan-11 001.000.390.519.900.450.00 300.00 Total :300.00 123219 1/6/2011 010600 FOG TITE INC 249451 Water - Glass Beads for Sandblast Water - Glass Beads for Sandblast 411.000.654.534.800.310.00 128.00 9.5% Sales Tax 411.000.654.534.800.310.00 12.16 11Page: Packet Page 33 of 348 01/06/2011 Voucher List City of Edmonds 12 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :140.16123219 1/6/2011 010600 010600 FOG TITE INC 123220 1/6/2011 010665 FOSTER PEPPER PLLC 966633 LEGAL FEES FOR FIBER OPTICS PROJECT Legal fees - Fiber Optics Utility 001.000.310.518.870.410.00 32.50 Total :32.50 123221 1/6/2011 011900 FRONTIER 425-712-0423 03 0280 1032797592 07 AFTER HOURS PHONE 411.000.656.538.800.420.00 56.40 Total :56.40 123222 1/6/2011 011900 FRONTIER 425-206-1108 TELEMETRY LIFT STATIONS TELEMETRY LIFT STATIONS 411.000.654.534.800.420.00 145.47 TELEMETRY LIFT STATIONS 411.000.655.535.800.420.00 270.16 SEAVIEW RESERVOIR425-206-1137 SEAVIEW RESERVOIR 411.000.654.534.800.420.00 26.50 TELEMETRY LIFT STATION425-206-1141 TELEMETRY LIFT STATION 411.000.654.534.800.420.00 18.53 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 34.41 TELEMETRY LIFT STATION425-206-4810 TELEMETRY LIFT STATION 411.000.654.534.800.420.00 42.32 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 78.58 PT EDWARDS SEWER PUMP STATION MONITOR425-640-8169 Phone line for Sewer Lift Station at Pt 411.000.655.535.800.420.00 36.28 LIFT STATION #1425-673-5978 Lift Station #1 411.000.655.535.800.420.00 49.98 12Page: Packet Page 34 of 348 01/06/2011 Voucher List City of Edmonds 13 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123222 1/6/2011 (Continued)011900 FRONTIER PUBLIC SAFETY BLDG ELEVATOR PHONE425-712-8347 PUBLIC SAFETY BLDG ELEVATOR PHONE 001.000.651.519.920.420.00 55.50 FS # 16425-771-0158 FS #16 001.000.651.519.920.420.00 163.35 LIFT ST 7425-775-2069 Lift St 7 411.000.655.535.800.420.00 54.45 FRANCES ANDERSON FIRE ALARM SYSTEM425-776-3896 FRANCES ANDERSON FIRE ALARM SYSTEM 001.000.651.519.920.420.00 111.66 CITY HALL FIRE ALARM SYSTEM425-776-6829 CITY HALL FIRE ALARM SYSTEM 001.000.651.519.920.420.00 111.66 VACANT PW BLDG 200 DAYTON ST425-778-3297 VACANT PW BLDG 200 DAYTON ST 411.000.654.534.800.420.00 18.80 VACANT PW BLDG 200 DAYTON ST 411.000.655.535.800.420.00 34.92 Total :1,252.57 123223 1/6/2011 012199 GRAINGER 9420421449 Fac Maint - Telescoping Multipurpose Fac Maint - Telescoping Multipurpose 001.000.651.519.920.350.00 453.60 9.5% Sales Tax 001.000.651.519.920.350.00 43.09 Total :496.69 123224 1/6/2011 071759 GRANICH ENGINEERED PRODUCTS 11971 CEP3 BEARINGS/MECHANICAL SEALS/O-RINGS/ 411.000.656.538.800.310.21 1,777.31 9.5% Sales Tax 411.000.656.538.800.310.21 168.84 13Page: Packet Page 35 of 348 01/06/2011 Voucher List City of Edmonds 14 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,946.15123224 1/6/2011 071759 071759 GRANICH ENGINEERED PRODUCTS 123225 1/6/2011 012560 HACH COMPANY 7044751 Water Quality - Sample Supplies Water Quality - Sample Supplies 411.000.654.534.800.310.00 77.83 Freight 411.000.654.534.800.310.00 15.95 9.5% Sales Tax 411.000.654.534.800.310.00 8.92 Water Quality - Fluoride Paks7051398 Water Quality - Fluoride Paks 411.000.654.534.800.310.00 84.27 9.5% Sales Tax 411.000.654.534.800.310.00 8.01 Total :194.98 123226 1/6/2011 012900 HARRIS FORD INC 114298 Unit 337 - Instrument Cluster Unit 337 - Instrument Cluster 511.000.657.548.680.310.00 278.75 9.5% Sales Tax 511.000.657.548.680.310.00 26.48 Total :305.23 123227 1/6/2011 070042 IKON 83895489 C/A 467070-1003748A4 Finance Copier Rental 12/22/10 - 1/21/11 001.000.310.514.230.450.00 454.07 Color Copies 12/22/10 - 1/21/11 001.000.310.514.230.450.00 66.54 B/W Copies 12/22/10 - 1/21/11 001.000.310.514.230.450.00 9.70 9.5% Sales Tax 001.000.310.514.230.450.00 50.39 Total :580.70 123228 1/6/2011 006841 IKON OFFICE SOLUTIONS 5015892687 DSD Reception Copies - MP171SPF DSD Reception Copies - MP171SPF 14Page: Packet Page 36 of 348 01/06/2011 Voucher List City of Edmonds 15 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123228 1/6/2011 (Continued)006841 IKON OFFICE SOLUTIONS 001.000.620.558.800.450.00 7.29 Total :7.29 123229 1/6/2011 068952 INFINITY INTERNET 2946065 PRESCHOOL INTERNET ACCESS PRESCHOOL INTERNET ACCESS 001.000.640.575.560.420.00 15.00 Total :15.00 123230 1/6/2011 069040 INTERSTATE AUTO PARTS 524528 Fleet Shop ToolS Fleet Shop ToolS 511.000.657.548.680.350.00 12.20 9.5% Sales Tax 511.000.657.548.680.350.00 1.16 Fleet Tool - Exchanged Socket Set525467 Fleet Tool - Exchanged Socket Set 511.000.657.548.680.350.00 13.85 9.5% Sales Tax 511.000.657.548.680.350.00 1.32 Fleet Shop Tool - Mag PU Tools525949 Fleet Shop Tool - Mag PU Tools 511.000.657.548.680.350.00 10.54 9.5% Sales Tax 511.000.657.548.680.350.00 1.00 Fleet Shop Supplies527452 Fleet Shop Supplies 511.000.657.548.680.311.00 321.15 9.5% Sales Tax 511.000.657.548.680.311.00 30.51 Fleet Shop Tool - Screw Driver527846 Fleet Shop Tool - Screw Driver 511.000.657.548.680.350.00 14.20 9.5% Sales Tax 511.000.657.548.680.350.00 1.35 Unit K93, 720, 651, 681 - 4pc All527847 Unit K93, 720, 651, 681 - 4pc All 15Page: Packet Page 37 of 348 01/06/2011 Voucher List City of Edmonds 16 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123230 1/6/2011 (Continued)069040 INTERSTATE AUTO PARTS 511.000.657.548.680.310.00 159.60 9.5% Sales Tax 511.000.657.548.680.310.00 15.16 Total :582.04 123231 1/6/2011 073147 JOHNSON CO 2810 Fleet Shop Tools Fleet Shop Tools 511.000.657.548.680.350.00 206.90 Total :206.90 123232 1/6/2011 067552 KING CO FINANCE & BUSINESS 58551 114939 BALLINGER PUMP STATION COSTS 411.000.655.535.800.472.00 95,983.87 BALLINGER PUMP STATION COSTS 411.000.655.535.800.510.00 41,884.63 Total :137,868.50 123233 1/6/2011 072059 LEE, NICOLE 1160 INTERPRETER INTERPRETER 001.000.230.512.500.410.01 119.60 INTERPRETER459 INTERPRETER 001.000.230.512.500.410.01 119.60 Total :239.20 123234 1/6/2011 069634 LEXISNEXIS 1201641-20101231 INV 1201641-20101231 EDMONDS PD SEARCHES & REPORTS DECEMBER '10 001.000.410.521.210.410.00 70.05 9.5% Sales Tax 001.000.410.521.210.410.00 6.65 Total :76.70 123235 1/6/2011 018760 LUNDS OFFICE ESSENTIALS 105574 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 86.34 SUPPLIES105618 16Page: Packet Page 38 of 348 01/06/2011 Voucher List City of Edmonds 17 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123235 1/6/2011 (Continued)018760 LUNDS OFFICE ESSENTIALS SUPPLIES 001.000.230.512.501.310.00 36.14 Total :122.48 123236 1/6/2011 018760 LUNDS OFFICE ESSENTIALS 105588 Office Supplies DSD Office Supplies DSD 001.000.620.558.800.310.00 231.41 Office Supplies for DSD105606 Office Supplies for DSD 001.000.620.558.800.310.00 30.65 Total :262.06 123237 1/6/2011 018980 LYNNWOOD HONDA 730483 COIL COIL 001.000.640.576.800.310.00 56.31 9.5% Sales Tax 001.000.640.576.800.310.00 5.35 Total :61.66 123238 1/6/2011 073530 MACKAY, RODERICK & IRENE 5-15025 RE:#EA-17133-CLA UTILITY REFUND RE:#EA-17133-CLA UTILITY REFUND 411.000.000.233.000.000.00 73.76 Total :73.76 123239 1/6/2011 069362 MARSHALL, CITA 0994 INTERPRETER INTERPRETER 001.000.230.512.501.410.01 87.50 INTERPRETER FEES0995 INTERPRETER FEES 001.000.230.512.500.410.01 87.50 INTERPRETER1010 INTERPRETER 001.000.230.512.500.410.00 87.50 Total :262.50 123240 1/6/2011 020039 MCMASTER-CARR SUPPLY CO 73094645 123106800 17Page: Packet Page 39 of 348 01/06/2011 Voucher List City of Edmonds 18 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123240 1/6/2011 (Continued)020039 MCMASTER-CARR SUPPLY CO BATTERIES/FIRST AID SIGN/OIL ABSORB PADS 411.000.656.538.800.310.21 247.96 Freight 411.000.656.538.800.310.21 47.45 12310680073283650 GLOVES/FLOAT SWITCH/FLANGE/PIPE~ 411.000.656.538.800.310.21 378.22 Freight 411.000.656.538.800.310.21 21.93 Total :695.56 123241 1/6/2011 020495 MIDWAY PLYWOOD INC 59138 Planning & Engineering - Shelving Planning & Engineering - Shelving 001.000.620.558.600.490.00 169.51 9.5% Sales Tax 001.000.620.558.600.490.00 16.11 9.5% Sales Tax 001.000.620.532.200.490.00 16.10 Planning & Engineering - Shelving 001.000.620.532.200.490.00 169.50 FAC - Mastic, Tape59139 FAC - Mastic, Tape 001.000.651.519.920.310.00 73.75 9.5% Sales Tax 001.000.651.519.920.310.00 7.01 Planning & Engineering - Shelving59171 Planning & Engineering - Shelving 001.000.620.558.600.490.00 8.95 Planning & Engineering - Shelving 001.000.620.532.200.490.00 8.95 9.5% Sales Tax 001.000.620.558.600.490.00 0.85 9.5% Sales Tax 001.000.620.532.200.490.00 0.85 Planning & Engineering - Shelving59195 18Page: Packet Page 40 of 348 01/06/2011 Voucher List City of Edmonds 19 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123241 1/6/2011 (Continued)020495 MIDWAY PLYWOOD INC Planning & Engineering - Shelving 001.000.620.558.600.490.00 151.50 Planning & Engineering - Shelving 001.000.620.532.200.490.00 151.50 9.5% Sales Tax 001.000.620.558.600.490.00 14.40 9.5% Sales Tax 001.000.620.532.200.490.00 14.39 Engineering - Shelving Supplies59196 Engineering - Shelving Supplies 001.000.620.532.200.490.00 86.90 9.5% Sales Tax 001.000.620.532.200.490.00 8.26 Total :898.53 123242 1/6/2011 020900 MILLERS EQUIP & RENT ALL INC 119681 131 PROPANE 411.000.656.538.800.310.21 73.72 9.5% Sales Tax 411.000.656.538.800.310.21 7.00 Total :80.72 123243 1/6/2011 069923 MOTION INDUSTRIES INC WA23-240284 101690-01 BEARINGS 411.000.656.538.800.310.21 51.82 9.5% Sales Tax 411.000.656.538.800.310.21 4.92 Total :56.74 123244 1/6/2011 072746 MURRAY SMITH & ASSOCIATES 09-1030-18 E8JB.SERVICES THRU 11/30/10 E8JB.Services Thru 11/30/10 412.100.630.594.320.410.00 2,421.70 E8JB.SERVICES THRU 12/31/1009-1030-19 E8JB.Services thru 12/31/10 412.100.630.594.320.410.00 7,960.50 19Page: Packet Page 41 of 348 01/06/2011 Voucher List City of Edmonds 20 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :10,382.20123244 1/6/2011 072746 072746 MURRAY SMITH & ASSOCIATES 123245 1/6/2011 070788 NETRIVER INC 52636 WEBHOSTING FOR BIRDFEST WEBSITE 1ST QUAR Webhosting for Puget Sound Birdfest for 120.000.310.575.420.410.00 35.85 Total :35.85 123246 1/6/2011 024960 NORTH COAST ELECTRIC COMPANY S3731324.001 2091 ELECTRICAL SUPPLIES 411.000.656.538.800.310.22 245.71 9.2% Sales Tax 411.000.656.538.800.310.22 22.61 2091S3748109.001 POWER SUPPLY 411.000.656.538.800.310.22 150.52 9.5% Sales Tax 411.000.656.538.800.310.22 14.30 Total :433.14 123247 1/6/2011 066391 NORTHSTAR CHEMICAL INC 17456 260 SODIUM BISULFITE 411.000.656.538.800.310.54 1,786.40 9.5% Sales Tax 411.000.656.538.800.310.54 169.71 Total :1,956.11 123248 1/6/2011 061013 NORTHWEST CASCADE INC 1-234005 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: HICKMAN PARK 001.000.640.576.800.450.00 222.89 HONEY BUCKET RENTAL1-234226 HONEY BUCKET RENTAL: YOST PARK POOL 001.000.640.576.800.450.00 222.89 Total :445.78 123249 1/6/2011 063511 OFFICE MAX INC 234152 INV#234152 ACCT#520437 250POL EDMONDS PD EXECUTIVE HIGH BACK CHAIRS 001.000.410.521.210.350.00 959.97 20Page: Packet Page 42 of 348 01/06/2011 Voucher List City of Edmonds 21 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123249 1/6/2011 (Continued)063511 OFFICE MAX INC 9.5% Sales Tax 001.000.410.521.210.350.00 91.20 Total :1,051.17 123250 1/6/2011 063511 OFFICE MAX INC 240943 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 9.38 SUPPLIES983269 SUPPLIES 001.000.230.512.501.310.00 280.78 Total :290.16 123251 1/6/2011 063511 OFFICE MAX INC 218670 Returned office supply Returned office supply 001.000.220.516.100.310.00 -15.48 9.5% Sales Tax 001.000.220.516.100.310.00 -1.48 Office Supplies - HR218682 Office Supplies - HR 001.000.220.516.100.310.00 15.88 9.5% Sales Tax 001.000.220.516.100.310.00 1.50 Total :0.42 123252 1/6/2011 063511 OFFICE MAX INC 256603 OFFICE/FIRST AID SUPPLIES BANDAGES, PENS, ETC. 001.000.640.574.100.310.00 79.39 9.5% Sales Tax 001.000.640.574.100.310.00 7.54 PARK MAINTENANCE CALENDARS320939 CALENDARS FOR PARK MAINTENANCE 001.000.640.576.800.310.00 85.10 9.5% Sales Tax 001.000.640.576.800.310.00 8.09 21Page: Packet Page 43 of 348 01/06/2011 Voucher List City of Edmonds 22 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :180.12123252 1/6/2011 063511 063511 OFFICE MAX INC 123253 1/6/2011 063511 OFFICE MAX INC 206743 Water - Wall Planning Calendars Water - Wall Planning Calendars 411.000.654.534.800.310.00 30.54 Admin - Calendars 001.000.650.519.910.310.00 40.75 9.5% Sales Tax 411.000.654.534.800.310.00 2.90 9.5% Sales Tax 001.000.650.519.910.310.00 3.87 Admin - Liquid Paper207914 Admin - Liquid Paper 001.000.650.519.910.310.00 20.54 9.5% Sales Tax 001.000.650.519.910.310.00 1.95 PW Admin - Planners, Sharpies209741 PW Admin - Planners, Sharpies 001.000.650.519.910.310.00 68.22 9.5% Sales Tax 001.000.650.519.910.310.00 6.47 Street - Ink214523 Street - Ink 111.000.653.542.900.310.00 116.94 9.5% Sales Tax 111.000.653.542.900.310.00 11.11 Total :303.29 123254 1/6/2011 026200 OLYMPIC VIEW WATER DISTRICT 0000130 220TH ST SW & 84TH AVE W 220TH ST SW & 84TH AVE W 001.000.640.576.800.470.00 11.88 820 15TH ST SW/CEMETERY0001520 820 15TH ST SW 130.000.640.536.500.470.00 29.42 820 15TH ST SW/CEMETERY0001530 820 15TH ST SW/CEMETERY 22Page: Packet Page 44 of 348 01/06/2011 Voucher List City of Edmonds 23 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123254 1/6/2011 (Continued)026200 OLYMPIC VIEW WATER DISTRICT 130.000.640.536.500.470.00 35.43 5TH & ST RTE0002930 5TH & ST RTE 104/SPRINKLER 001.000.640.576.800.470.00 13.17 9803 EDMONDS WAY0005060 9803 EDMONDS WAY 001.000.640.576.800.470.00 13.17 Total :103.07 123255 1/6/2011 026200 OLYMPIC VIEW WATER DISTRICT 0021400 FIRE STATION #20 FIRE STATION #20 001.000.651.519.920.470.00 158.75 Total :158.75 123256 1/6/2011 027060 PACIFIC TOPSOILS 110270 BRUSH DUMP BRUSH DUMP 001.000.640.576.800.470.00 30.00 BRUSH DUMP110279 BRUSH DUMP 001.000.640.576.800.470.00 30.00 BRUSH DUMP110284 BRUSH DUMP 001.000.640.576.800.470.00 50.00 CLEAN GREEN DUMP110287 CLEAN GREEN DUMP 001.000.640.576.800.470.00 30.00 CLEAN GREEN DUMP110310 CLEAN GREEN DUMP 001.000.640.576.800.470.00 30.00 CLEAN GREEN DUMP110322 CLEAN GREEN DUMP 001.000.640.576.800.470.00 50.00 Total :220.00 123257 1/6/2011 027060 PACIFIC TOPSOILS 110210 Storm Dump Fees 23Page: Packet Page 45 of 348 01/06/2011 Voucher List City of Edmonds 24 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123257 1/6/2011 (Continued)027060 PACIFIC TOPSOILS Storm Dump Fees 411.000.652.542.320.490.00 80.00 Storm Dump Fees110217 Storm Dump Fees 411.000.652.542.320.490.00 120.00 Storm Dump Fees110223 Storm Dump Fees 411.000.652.542.320.490.00 120.00 Storm Dump Fees110225 Storm Dump Fees 411.000.652.542.320.490.00 120.00 Storm Dump Fees110234 Storm Dump Fees 411.000.652.542.320.490.00 120.00 Storm Dump Fees110238 Storm Dump Fees 411.000.652.542.320.490.00 120.00 Storm Dump Fees110243 Storm Dump Fees 411.000.652.542.320.490.00 120.00 Storm Dump Fees110247 Storm Dump Fees 411.000.652.542.320.490.00 120.00 Storm Dump Fees110251 Storm Dump Fees 411.000.652.542.320.490.00 120.00 Total :1,040.00 123258 1/6/2011 066817 PANASONIC DIGITAL DOCUMENT COM 011742233 COPIER CONTRACT COPIER CONTRACT 411.000.656.538.800.450.41 145.22 9.5% Sales Tax 411.000.656.538.800.450.41 13.45 Total :158.67 24Page: Packet Page 46 of 348 01/06/2011 Voucher List City of Edmonds 25 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123259 1/6/2011 027165 PARKER PAINT MFG. CO.INC.987008 Fac Maint - Paint Supplies Fac Maint - Paint Supplies 001.000.651.519.920.310.00 16.72 9.5% Sales Tax 001.000.651.519.920.310.00 1.59 FAC - Paint Supplies987481 FAC - Paint Supplies 001.000.651.519.920.310.00 50.31 9.5% Sales Tax 001.000.651.519.920.310.00 4.78 Total :73.40 123260 1/6/2011 027280 PATRICKS PRINTING 40383 PRINTING OF FORMS PRINTING OF FORMS 001.000.230.512.500.310.00 461.09 PRINTING PAYMENT FORMS40391 PRINTING PAYMENT FORMS 001.000.230.512.501.310.00 434.60 PRINTING WARRANT RECALL FORMS40392 PRINTING WARRANT RECALL FORMS 001.000.230.512.501.310.00 93.32 Total :989.01 123261 1/6/2011 069944 PECK, ELIZABETH PECK12914 TINY FEET/LITTLE FISHES TINY FEET PLAYTIME #12914 001.000.640.574.200.410.00 333.20 LITTLE FISHES PRESCHOOL #12916 001.000.640.574.200.410.00 582.40 Total :915.60 123262 1/6/2011 069633 PET PROS EPD-010 INV#EPD-010 - EDMONDS PD- HAWLEY/MCCLURE NUTRO HIGH ENERGY 35# 001.000.410.521.260.310.00 280.20 PRECISE PLUS 33# 001.000.410.521.260.310.00 270.70 AVO ACTIVE CARE CHICKEN 30# 25Page: Packet Page 47 of 348 01/06/2011 Voucher List City of Edmonds 26 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123262 1/6/2011 (Continued)069633 PET PROS 001.000.410.521.260.310.00 237.45 NU NC LB PUPPY 35# 001.000.410.521.260.310.00 672.48 8.6% Sales Tax 001.000.410.521.260.310.00 125.63 Total :1,586.46 123263 1/6/2011 007800 PETTY CASH Finance Petty Cash REIMBURSEMENT FOR PETTY CASH Mileage for Grant Management class 001.000.620.532.200.430.00 21.60 Parking for ICC Meeting 001.000.620.532.200.430.00 3.00 PE license renewal for Rob English 001.000.620.532.200.490.00 116.00 Planning Flash Drive 001.000.620.558.600.490.00 43.78 Douglas Bowers reimbursement for 2009 & 001.000.000.344.900.000.00 40.00 Reimbursement for Jury Duty Travel 001.000.640.576.800.430.00 42.00 Planning Light Bulbs 001.000.620.558.600.490.00 8.74 Coffee & Pop Box for Economic 001.000.240.513.110.490.00 22.30 Refreshments for Legislative Breakfask 001.000.610.519.700.490.00 40.18 Mileage & Parking to ICC Meeting @ 001.000.620.532.200.430.00 12.11 Total :349.71 123264 1/6/2011 066796 PETTY CASH - COURT 123110 SNACKS FOR JURORS SNACKS FOR JURORS 001.000.230.512.540.490.00 23.49 TRAINING TRAVEL REFUND 001.000.230.512.501.430.00 17.50 26Page: Packet Page 48 of 348 01/06/2011 Voucher List City of Edmonds 27 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123264 1/6/2011 (Continued)066796 PETTY CASH - COURT POSTAGE FOR EHM BOX 001.000.230.512.501.420.00 10.90 Total :51.89 123265 1/6/2011 008400 PETTY CASH - EPD 2010 YEAR END ADMIN POLICE ADMIN PETTY CASH 2010 YEAR END FOOD - 9/28 POLICE FOUNDATION MTG 001.000.410.521.100.310.00 4.95 MAIL BADGE TO ENTENMANN ROVIN 001.000.410.521.100.420.00 3.09 DJ STRONG - ACADEMY GLOVES 001.000.410.521.220.240.00 21.89 DJ STRONG - ACADEMY GEAR 001.000.410.521.220.240.00 48.71 CAKE FOR ASSINK/CHASE RECEPTION 001.000.410.521.100.310.00 16.99 FOOD - 10/26 POLICE FOUNDATION MTG 001.000.410.521.100.310.00 4.95 PARKING @ SNO COUNTY 09-5008 001.000.410.521.210.430.00 6.00 MARKING CRAYONS FOR TRAFFIC 001.000.410.521.710.310.00 10.79 PARKING AT HARBORVIEW 10-4130 001.000.410.521.210.430.00 4.00 HASP & FASTENER FOR RANGE 001.000.410.521.400.310.00 6.85 FOOD-11/30 POLICE FOUNDATION MTG 001.000.410.521.100.310.00 7.98 PROPS FOR RANGE QUALIFICATION 001.000.410.521.400.310.00 12.05 EXPLORER POST PARTICIPATION FEE 001.000.410.521.100.490.00 20.00 SPRAYER FOR ANIMAL CONTROL 001.000.410.521.700.310.00 17.49 Total :185.74 27Page: Packet Page 49 of 348 01/06/2011 Voucher List City of Edmonds 28 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123266 1/6/2011 008350 PETTY CASH - PARKS & REC PCASH1231 PETTY CASH REIMBURSEMENT PRESCHOOL SUPPLIES: EPSOM SALT FOR 001.000.640.575.560.310.00 3.55 WREATH FOR CEMETERY OFFICE 130.000.640.536.500.310.00 35.00 PRESCHOOL SUPPLIES FOR PROJECT 001.000.640.575.560.310.00 2.15 SUPPLIES FOR GYMNASTICS WINTER DAYCAMP 001.000.640.575.550.310.00 6.26 STICKERS FOR GYMNASTICS CAMP 001.000.640.575.550.310.00 2.18 Total :49.14 123267 1/6/2011 062296 PETTY CASH - WWTP 01042011 PETTY CASH REFRESHMENT FOR MTG 411.000.656.538.800.490.00 100.64 DISHWASHER SOAP/VINEGAR FOR LAB/FOIL 411.000.656.538.800.310.23 45.65 GAS FOR CITY VEHICLE/KOHO 411.000.656.538.800.430.00 35.50 SAW BLADES/COUPLING/HAND 411.000.656.538.800.310.21 36.01 POSTER BOARD/TAPE 411.000.656.538.800.310.41 13.13 CDR'S FOR OPERATIONS 411.000.656.538.800.310.11 5.46 Total :236.39 123268 1/6/2011 071811 PONY MAIL BOX & BUSINESS CTR 188758 WATER SEWER STREET STORM-L&I RETURN POST Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.24 Water Sewer Street Storm - L&I Safety 28Page: Packet Page 50 of 348 01/06/2011 Voucher List City of Edmonds 29 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123268 1/6/2011 (Continued)071811 PONY MAIL BOX & BUSINESS CTR 411.000.655.535.800.420.00 2.25 WATER SEWER STREET STORM-L&I RETURN POST189171 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.25 Fac Maint - 2 L&I Safety Tapes, Return189317 Fac Maint - 2 L&I Safety Tapes, Return 001.000.651.519.920.420.00 9.70 WATER SEWER STREET STORM-L&I RETURN POST189693 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.25 Total :36.61 123269 1/6/2011 071594 PROFORCE LAW ENFORCEMENT 100748 INV#100748 - EDMONDS PD TASERS X26E 001.000.410.521.400.350.00 7,799.50 TASER CARTRIDGES 001.000.410.521.400.350.00 597.50 Freight 001.000.410.521.400.350.00 39.95 9.5% Sales Tax 001.000.410.521.400.350.00 801.51 Total :9,238.46 29Page: Packet Page 51 of 348 01/06/2011 Voucher List City of Edmonds 30 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123270 1/6/2011 046900 PUGET SOUND ENERGY 084-904-700-6 PUGET SOUND ENERGY PUGET SOUND ENERGY 411.000.656.538.800.472.63 1,655.86 Total :1,655.86 123271 1/6/2011 046900 PUGET SOUND ENERGY 0101874006 LIBRARY LIBRARY 001.000.651.519.920.470.00 463.19 PARK & BUILDING MAINTENANCE SHOP0230757007 PARK & BUILDING MAINTENANCE SHOP 001.000.651.519.920.470.00 387.53 LIFT STATION #71916766007 LIFT STATION #7 411.000.655.535.800.470.00 33.81 PUBLIC SAFETY-POLICE,CRT & COUNCIL2753166004 PUBLIC SAFETY-POLICE,CRT & COUNCEL 001.000.651.519.920.470.00 531.18 Public Works2776365005 Public Works 001.000.650.519.910.470.00 42.53 Public Works 111.000.653.542.900.470.00 161.59 Public Works 411.000.654.534.800.470.00 161.59 Public Works 411.000.655.535.800.470.00 161.59 Public Works 511.000.657.548.680.470.00 161.59 Public Works 411.000.652.542.900.470.00 161.61 200 Dayton St-Vacant PW Bldg3689976003 200 Dayton St-Vacant PW Bldg 411.000.654.534.800.470.00 615.70 MEADOWDALE CLUBHOUSE5254926008 MEADOWDALE CLUBHOUSE 001.000.651.519.920.470.00 412.20 30Page: Packet Page 52 of 348 01/06/2011 Voucher List City of Edmonds 31 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123271 1/6/2011 (Continued)046900 PUGET SOUND ENERGY Fire Station # 165322323139 Fire Station # 16 001.000.651.519.920.470.00 1,195.67 SEWER LIFT STATION #95672895009 SEWER LIFT STATION #9 411.000.655.535.800.470.00 32.85 FLEET5903085008 Fleet 7110 210th St SW 511.000.657.548.680.470.00 568.83 PUBLIC SAFETY-FIRE STATION6439566008 PUBLIC SAFETY-FIRE STATION 001.000.651.519.920.470.00 1,365.23 ANDERSON CENTER6490327001 ANDERSON CENTER 001.000.651.519.920.470.00 3,343.34 LIFT STATION #88851908007 LIFT STATION #8 411.000.655.535.800.470.00 54.94 FIRE STATION #209919661109 FIRE STATION #20 001.000.651.519.920.470.00 514.03 Total :10,369.00 123272 1/6/2011 069593 SAFELITE FULFILLMENT INC 00446-602698 Unit 372 - Replace Windshield Unit 372 - Replace Windshield 511.000.657.548.680.310.00 150.18 Total :150.18 123273 1/6/2011 033550 SALMON BAY SAND & GRAVEL 2270154 Roadway - Cement Roadway - Cement 111.000.653.542.310.310.00 1,189.70 9.5% Sales Tax 111.000.653.542.310.310.00 113.02 Total :1,302.72 31Page: Packet Page 53 of 348 01/06/2011 Voucher List City of Edmonds 32 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123274 1/6/2011 070298 SESAC INC 3271967 2011 ANNUAL LICENSE FEE 2011 ANNUAL LICENSE FEE 117.100.640.573.100.490.00 591.00 Total :591.00 123275 1/6/2011 065194 SEWER EQUIPMENT CO OF AMERICA 0000109036 Sewer - Saw Blades Sewer - Saw Blades 411.000.655.535.800.310.00 256.68 Freight 411.000.655.535.800.310.00 15.09 9.5% Sales Tax 411.000.655.535.800.310.00 25.82 Total :297.59 123276 1/6/2011 036070 SHANNON TOWING INC 195302 INV#195302 - EDMONDS PD TOWING HYUNDAI SONATA #782WUG 001.000.410.521.220.410.00 158.00 9.5% Sales Tax 001.000.410.521.220.410.00 15.01 Total :173.01 123277 1/6/2011 073536 SIERRA ENVIRONMENTAL TECH 11365 MANHOLE ODOR CONTROL UNITS MANHOLE ODOR CONTROL UNITS 411.000.656.538.800.310.21 4,485.00 Freight 411.000.656.538.800.310.21 180.00 Total :4,665.00 123278 1/6/2011 036950 SIX ROBBLEES INC 14-226316 Unit 55 & 125 - Camera Kits Unit 55 & 125 - Camera Kits 511.000.657.548.680.310.00 798.00 9.5% Sales Tax 511.000.657.548.680.310.00 75.81 Fleet Shop - Supplies14-226348 Fleet Shop - Supplies 511.000.657.548.680.311.00 26.62 32Page: Packet Page 54 of 348 01/06/2011 Voucher List City of Edmonds 33 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123278 1/6/2011 (Continued)036950 SIX ROBBLEES INC 9.5% Sales Tax 511.000.657.548.680.311.00 2.53 Total :902.96 123279 1/6/2011 037375 SNO CO PUD NO 1 2006-6395-3 131 SUNSET AVE 131 SUNSET AVE 001.000.640.576.800.470.00 426.68 23202 EDMONDS WAY2009-4334-8 23202 EDMONDS WAY 001.000.640.576.800.470.00 196.40 50 RAILROAD AVE2010-5432-7 50 RAILROAD AVE 001.000.640.576.800.470.00 298.66 100 RAILROAD AVE2021-3965-5 100 RAILROAD AVE 001.000.640.576.800.470.00 44.70 24000 78TH AVE W2026-2041-5 24000 78TH AVE W 001.000.640.576.800.470.00 32.46 Total :998.90 123280 1/6/2011 037375 SNO CO PUD NO 1 136786148 2019-2991-6 23219 74 AVE W/BALLINGER 411.000.656.538.800.471.62 32.05 Total :32.05 123281 1/6/2011 037375 SNO CO PUD NO 1 200202562 SCHOOL LIGHT 20829 76TH W STREET LIGHT 111.000.653.542.640.470.00 32.05 LIFT STATION #8 113 RR AVE200202919 LIFT STATION #8 411.000.655.535.800.470.00 267.51 BEACON LIGHT CROSS WALK 23602 76TH AVE W200274959 BEACON LIGHT CROSS WALK~ 111.000.653.542.640.470.00 38.16 33Page: Packet Page 55 of 348 01/06/2011 Voucher List City of Edmonds 34 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123281 1/6/2011 (Continued)037375 SNO CO PUD NO 1 TRAFFIC LIGHT 220TH 76TH200493153 SIGNAL LIGHT 111.000.653.542.640.470.00 59.26 4 WAY LIGHT 224TH 76TH200594885 SIGNAL LIGHT 111.000.653.542.640.470.00 80.49 SIGNAL LIGHT 9730 220TH200748606 SIGNAL LIGHT 111.000.653.542.640.470.00 32.05 DECORATIVE LIGHTS 115 2ND AVE S200913853 deocrative lighting 111.000.653.542.630.470.00 52.17 TRAFFIC LIGHT 21132 76TH W201187895 SIGNAL LIGHT 111.000.653.542.640.470.00 33.46 SIGNAL LIGHT 20408 76TH201192226 SIGNAL LIGHT 111.000.653.542.640.470.00 48.13 Ballinger Lift Station 7403 Ballinger201427317 Ballinger Lift Station 7403 Ballinger 411.000.655.535.800.470.00 32.05 LIFT STATION #14 7905 1/2 211TH PL SW201501277 LIFT STATION #14 411.000.655.535.800.470.00 32.05 LIFT STATION 7201532926 Lift St 7 411.000.655.535.800.470.00 477.82 STREET LIGHT 19600 80TH AVE W201582152 STREET LIGHT 19600 80th Ave W 111.000.653.542.630.470.00 43.45 TRAFFIC LIGHT 20801 76TH W201611951 STREET LIGHT 111.000.653.542.640.470.00 44.46 TRAFFIC LIGHT 7133 212TH SW201907862 STREET LIGHT 34Page: Packet Page 56 of 348 01/06/2011 Voucher List City of Edmonds 35 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123281 1/6/2011 (Continued)037375 SNO CO PUD NO 1 111.000.653.542.640.470.00 41.69 FIRE STATION #20202077194 FIRE STATION #20 001.000.651.519.920.470.00 1,078.16 Lift Station #6 100 Pine St202087870 Lift Station #6 100 Pine St 411.000.655.535.800.470.00 286.83 SIGNAL LIGHT 22400 HWY 99202289096 SIGNAL LIGHT - 22400 Hwy 99 111.000.653.542.640.470.00 113.21 TRAFFIC LIGHT 23801 HWY 99202289120 SIGNAL LIGHT 111.000.653.542.640.470.00 112.79 TRAFFIC LIGHT 21530 76TH202356739 SIGNAL LIGHT 111.000.653.542.640.470.00 38.83 LIFT STATION #1 105 CASPERS202499539 LIFT STATION #1 411.000.655.535.800.470.00 1,185.53 Total :4,130.15 123282 1/6/2011 037723 SNO CO VISITOR INFO CENTER WWEdm ADVERTISEMENT IN WESTWORLD WINTER EDITIO Advertising in Westworld winter edition 120.000.310.575.420.440.00 1,541.12 Total :1,541.12 123283 1/6/2011 069599 SOUTH COUNTY PLUMBING INC ENG20090103 No exterior plumbing work necessary. No exterior plumbing work necessary. 001.000.000.257.620.000.00 170.00 Total :170.00 123284 1/6/2011 068439 SPECIALTY DOOR SERVICE 30000 FS 17 - Prev Maint - Per Contract FS 17 - Prev Maint - Per Contract 001.000.651.519.920.480.00 350.00 9.5% Sales Tax 35Page: Packet Page 57 of 348 01/06/2011 Voucher List City of Edmonds 36 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123284 1/6/2011 (Continued)068439 SPECIALTY DOOR SERVICE 001.000.651.519.920.480.00 33.25 Total :383.25 123285 1/6/2011 060371 STANDARD INSURANCE CO 12/21/2010 Fourth quarter, 2010 LTD fees Fourth quarter, 2010 LTD fees 001.000.220.516.100.410.00 121.50 Total :121.50 123286 1/6/2011 009400 STELLAR INDUSTRIAL SUPPLY INC 2996376 Water - Pipe Dies Water - Pipe Dies 411.000.654.534.800.310.00 49.67 9.5% Sales Tax 411.000.654.534.800.310.00 4.72 Total :54.39 123287 1/6/2011 040430 STONEWAY ELECTRIC SUPPLY 2376497 Traffic - Elect Supplies Traffic - Elect Supplies 111.000.653.542.640.310.00 196.91 9.5% Sales Tax 111.000.653.542.640.310.00 18.71 Traffic - Elect Supplies2380494 Traffic - Elect Supplies 111.000.653.542.640.310.00 49.07 9.5% Sales Tax 111.000.653.542.640.310.00 4.66 Fac Maint - Supplies2387043 Fac Maint - Supplies 001.000.651.519.920.310.00 547.10 9.5% Sales Tax 001.000.651.519.920.310.00 51.97 PS - Elect Supplies2390999 PS - Elect Supplies 001.000.651.519.920.310.00 57.04 9.5% Sales Tax 001.000.651.519.920.310.00 5.42 36Page: Packet Page 58 of 348 01/06/2011 Voucher List City of Edmonds 37 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :930.88123287 1/6/2011 040430 040430 STONEWAY ELECTRIC SUPPLY 123288 1/6/2011 073528 SUNBELT SOFTWARE 976142 VIPRE ANTI-VIRUS SOFTWARE Vipre Anti-virus software w/4 yr 001.000.310.518.880.310.00 7,187.00 Total :7,187.00 123289 1/6/2011 072790 TCC PRINTING & IMAGING 70586 PRINTING OF EVENTS CALENDAR Printing of calendar of events 001.000.240.513.110.490.00 821.41 9.5% Sales Tax 001.000.240.513.110.490.00 78.03 Total :899.44 123290 1/6/2011 009350 THE DAILY HERALD COMPANY 1721193 NEWSPAPER ADS Ordinance 3828 001.000.250.514.300.440.00 30.52 NEWSPAPER ADS1721194 Ordinance 3824 001.000.250.514.300.440.00 28.84 NEWSPAPER ADS1722168 Public Hearing 1/4 001.000.250.514.300.440.00 94.68 Total :154.04 123291 1/6/2011 027269 THE PART WORKS INC 299421 Library - Drop In Kits Library - Drop In Kits 001.000.651.519.920.310.00 101.10 9.5% Sales Tax 001.000.651.519.920.310.00 9.60 Total :110.70 123292 1/6/2011 038315 THYSSENKRUPP ELEVATOR 195535 Library - Elevator Service Fees Library - Elevator Service Fees 001.000.651.519.920.480.00 218.90 9.5% Sales Tax 001.000.651.519.920.480.00 20.79 37Page: Packet Page 59 of 348 01/06/2011 Voucher List City of Edmonds 38 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123292 1/6/2011 (Continued)038315 THYSSENKRUPP ELEVATOR SENIOR CENTER ELEVATOR MONITORING746247 Sr Center Elevator Monitoring 001.000.651.519.920.480.00 12.61 Total :252.30 123293 1/6/2011 071379 TOP DUCK PRODUCTS LLC 1780 INV#1780 - EDMONDS PD GUNZILLA WITH TURRET TOP 001.000.410.521.400.310.00 49.90 COPPERZILLA WITH TURRET TOP 001.000.410.521.400.310.00 9.95 Freight 001.000.410.521.400.310.00 5.00 Total :64.85 123294 1/6/2011 071590 TOWEILL RICE TAYLOR LLC Edmonds-Dec 2010 Prof Services - Retainer - HE Prof Services - Retainer - HE 001.000.620.558.600.410.00 3,600.00 Total :3,600.00 123295 1/6/2011 063939 TYLER TECHNOLOGIES INC 39369 2011 EDEN SUPPORT 2011 Eden Support 411.000.654.534.800.480.00 4,186.57 2011 Eden Support 411.000.655.535.800.480.00 4,186.57 2011 Eden Support 411.000.652.542.900.480.00 4,191.73 2011 Eden Support 001.000.250.514.300.480.00 3,546.45 2011 Eden Support 001.000.310.514.230.480.00 26,874.56 2011 Eden Support 001.000.310.518.880.480.00 4,377.57 2011 Eden Support 001.000.220.516.100.480.00 4,258.83 9.5% Sales Tax 38Page: Packet Page 60 of 348 01/06/2011 Voucher List City of Edmonds 39 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123295 1/6/2011 (Continued)063939 TYLER TECHNOLOGIES INC 411.000.654.534.800.480.00 397.72 9.5% Sales Tax 411.000.655.535.800.480.00 397.72 9.5% Sales Tax 411.000.652.542.900.480.00 398.22 9.5% Sales Tax 001.000.250.514.300.480.00 336.91 9.5% Sales Tax 001.000.310.514.230.480.00 2,553.09 9.5% Sales Tax 001.000.310.518.880.480.00 415.87 9.5% Sales Tax 001.000.220.516.100.480.00 404.59 Total :56,526.40 123296 1/6/2011 063398 US IDENTIFICATION MANUAL 167972 INV#167972 CUST#11429 - EDMONDS PD ID MANUAL UPDATED THRU 2/12 001.000.410.521.210.410.00 79.50 Freight 001.000.410.521.210.410.00 3.00 Total :82.50 123297 1/6/2011 044300 US POSTAL SERVICE 12292010 BULK MAIL PERMIT Bulk Mail Permit 1036~250-00256 001.000.250.514.300.420.00 185.00 Total :185.00 123298 1/6/2011 069592 USA MOBILITY WIRELESS T0298897L INV#T0298897L ACCT#0298897-0 EDMONDS PD PAGERS 12/27/10-1/26/11 001.000.410.521.100.420.00 163.08 Total :163.08 123299 1/6/2011 073531 VIKING CONCRETE CONSTRUCTION 2724 CONCRETE REPAIR CONCRETE REPAIR 411.000.656.538.800.480.21 3,394.50 39Page: Packet Page 61 of 348 01/06/2011 Voucher List City of Edmonds 40 9:34:47AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :3,394.50123299 1/6/2011 073531 073531 VIKING CONCRETE CONSTRUCTION 123300 1/6/2011 072939 WESTERN WHOLESALE SUPPLY 228570 Storm - Sign Shop - Vinyl for "PS Storm - Sign Shop - Vinyl for "PS 411.000.652.542.400.310.00 272.80 9.5% Sales Tax 411.000.652.542.400.310.00 25.92 Total :298.72 123301 1/6/2011 063008 WSDOT RE 41 JA6953 L005 E9DA.WSDOT REVIEW/APPROVE PLANS E9DA.WSDOT Review/Approve Plans 112.200.630.595.330.410.00 253.86 Total :253.86 123302 1/6/2011 073479 WU, THOMAS 122010 INTERPRETER FEES INTERPRETER FEES 001.000.230.512.500.410.01 147.91 INTERPRETER FEES122110 INTERPRETER FEES 001.000.230.512.501.410.01 147.91 Total :295.82 Bank total :468,011.40131 Vouchers for bank code :front 468,011.40Total vouchers :Vouchers in this report131 40Page: Packet Page 62 of 348 01/12/2011 Voucher List City of Edmonds 1 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123303 1/13/2011 072627 911 ETC INC 172065 DEC-10 911 DATABASE MAINT Dec-10 911 database maint 001.000.310.518.880.480.00 101.50 Total :101.50 123304 1/13/2011 070322 A&A LANGUAGE SERVICES INC OCT, NOV INTERPRETER FEE INTERPRETER FEE 001.000.230.512.501.410.01 2,605.25 Total :2,605.25 123305 1/13/2011 061029 ABSOLUTE GRAPHIX 111107 PICKLEBALL & VOLLEYBALL SHIRTS T-SHIRTS FOR PICKLEBALL & VOLLEYBALL 001.000.640.575.520.310.00 189.18 9.5% Sales Tax 001.000.640.575.520.310.00 17.97 Total :207.15 123306 1/13/2011 068201 ACTIVE NETWORK INC 11021155 CLASS RECEIPT PAPER, RIBBONS Class Receipt Paper 2-ply 50/box 001.000.310.514.230.310.00 120.00 Class Ribbons 12/pk 001.000.310.514.230.310.00 136.00 9.5% Sales Tax 001.000.310.514.230.310.00 24.32 Total :280.32 123307 1/13/2011 066417 AIRGAS NOR PAC INC 101826338 M5Z34 CAL GAS 411.000.656.538.800.310.22 25.00 9.5% Sales Tax 411.000.656.538.800.310.22 2.38 M5Z34101934723 CAL GAS 411.000.656.538.800.310.22 25.00 9.5% Sales Tax 1Page: Packet Page 63 of 348 01/12/2011 Voucher List City of Edmonds 2 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123307 1/13/2011 (Continued)066417 AIRGAS NOR PAC INC 411.000.656.538.800.310.22 2.38 M5Z34101944050 CYLINDER RENTAL 411.000.656.538.800.450.21 60.25 9.5% Sales Tax 411.000.656.538.800.450.21 5.72 Total :120.73 123308 1/13/2011 069667 AMERICAN MARKETING 13044 ENGRAVED PLATES FOR 2010 MEMORIAL FIR ENGRAVED PLATES FOR 2010 MEMORIAL FIR 127.000.640.575.500.310.00 50.50 Freight 127.000.640.575.500.310.00 6.50 9.5% Sales Tax 127.000.640.575.500.310.00 5.42 Total :62.42 123309 1/13/2011 069751 ARAMARK 655-5323633 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 27.75 9.5% Sales Tax 001.000.640.576.800.240.00 2.64 Total :30.39 123310 1/13/2011 069751 ARAMARK 655-5254096 STREET/STORM UNIFORM SVC Street Storm Uniform Svc 111.000.653.542.900.240.00 2.37 Street Storm Uniform Svc 411.000.652.542.900.240.00 2.36 9.5% Sales Tax 111.000.653.542.900.240.00 0.23 9.5% Sales Tax 411.000.652.542.900.240.00 0.22 PW MATS655-5266542 PW MATS 2Page: Packet Page 64 of 348 01/12/2011 Voucher List City of Edmonds 3 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123310 1/13/2011 (Continued)069751 ARAMARK 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 STREET/STORM UNIFORM SVC655-5266543 Street Storm Uniform Svc 111.000.653.542.900.240.00 9.87 Street Storm Uniform Svc 411.000.652.542.900.240.00 9.86 9.5% Sales Tax 111.000.653.542.900.240.00 0.94 9.5% Sales Tax 411.000.652.542.900.240.00 0.93 FLEET UNIFORM SVC655-5266545 Fleet Uniform Svc 3Page: Packet Page 65 of 348 01/12/2011 Voucher List City of Edmonds 4 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123310 1/13/2011 (Continued)069751 ARAMARK 511.000.657.548.680.240.00 5.85 9.5% Sales Tax 511.000.657.548.680.240.00 0.56 FAC MAINT UNIFORM SVC655-5274089 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5278818 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5278819 4Page: Packet Page 66 of 348 01/12/2011 Voucher List City of Edmonds 5 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123310 1/13/2011 (Continued)069751 ARAMARK Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FLEET UNIFORM SVC655-5278821 Fleet Uniform Svc 511.000.657.548.680.240.00 10.00 9.5% Sales Tax 511.000.657.548.680.240.00 0.95 FAC MAINT UNIFORM SVC655-5286568 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5291391 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 5Page: Packet Page 67 of 348 01/12/2011 Voucher List City of Edmonds 6 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123310 1/13/2011 (Continued)069751 ARAMARK 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5291392 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FLEET UNIFORM SVC655-5291394 Fleet Uniform Svc 511.000.657.548.680.240.00 10.30 9.5% Sales Tax 511.000.657.548.680.240.00 0.98 FAC MAINT UNIFORM SVC655-5298924 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5303629 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 6Page: Packet Page 68 of 348 01/12/2011 Voucher List City of Edmonds 7 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123310 1/13/2011 (Continued)069751 ARAMARK 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5303630 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FLEET UNIFORM SVC655-5303632 Fleet Uniform Svc 511.000.657.548.680.240.00 10.00 9.5% Sales Tax 511.000.657.548.680.240.00 0.95 FAC MAINT UNIFORM SVC655-5311298 7Page: Packet Page 69 of 348 01/12/2011 Voucher List City of Edmonds 8 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123310 1/13/2011 (Continued)069751 ARAMARK Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5316045 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5316046 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 8Page: Packet Page 70 of 348 01/12/2011 Voucher List City of Edmonds 9 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123310 1/13/2011 (Continued)069751 ARAMARK 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FLEET UNIFORM SVC655-5316048 Fleet Uniform Svc 511.000.657.548.680.240.00 10.00 9.5% Sales Tax 511.000.657.548.680.240.00 0.95 Total :372.64 123311 1/13/2011 064343 AT&T 425-776-5316 PARK MAINTENANCE PHONE CHARGES CITY PARK PHONE CHARGES 001.000.640.576.800.420.00 42.06 Total :42.06 123312 1/13/2011 071439 AUTOMATIC ENTRIES INC 24024 FS 20 - Lineer Transmitters FS 20 - Lineer Transmitters 001.000.651.519.920.310.00 136.00 9.5% Sales Tax 001.000.651.519.920.310.00 12.92 Total :148.92 123313 1/13/2011 001801 AUTOMATIC WILBERT VAULT CO 16362 BURIAL SUPPLIES BURIAL SUPPLIES: ZEVENBERGEN 130.000.640.536.200.340.00 388.00 Total :388.00 123314 1/13/2011 073035 AVAGIMOVA, KARINE 1168 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 100.00 Total :100.00 123315 1/13/2011 064706 AWC 12/28/10 2011 DOT Testing fee - Fleet 2011 DOT Testing fee - Fleet 9Page: Packet Page 71 of 348 01/12/2011 Voucher List City of Edmonds 10 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123315 1/13/2011 (Continued)064706 AWC 511.000.657.548.680.410.00 150.40 2011 DOT Testing fee - Street 111.000.653.542.900.410.00 300.00 2011 DOT Testing fee - Sewer 411.000.655.535.800.410.00 349.87 2011 DOT Testing fee - Water 411.000.654.534.800.410.00 349.87 2011 DOT Testing fee - Storm 411.000.652.542.900.410.00 349.86 2011 DOT Testing fee - Parks 001.000.640.576.800.410.00 100.00 2011 DOT membership fee (Fleet) 511.000.657.548.680.410.00 14.57 2011 DOT membership fee (Street) 111.000.653.542.900.410.00 29.05 2011 DOT membership fee (Sewer) 411.000.655.535.800.410.00 33.90 2011 DOT membership fee (Water) 411.000.654.534.800.410.00 33.90 2011 DOT membership fee (Storm) 411.000.652.542.900.410.00 33.90 2011 DOT membership fee (Parks) 001.000.640.576.800.410.00 9.68 Total :1,755.00 123316 1/13/2011 069076 BACKGROUND INVESTIGATIONS INC COE1210 Background check services Background check services 001.000.220.516.100.410.00 10.00 Total :10.00 123317 1/13/2011 073075 BAILEY DUSKIN PEIFFLE &8366-001 102560 DEC-10 FIBER OPTICS LEGAL SERVICES Dec-10 Legal Services Fiber Optics 001.000.310.518.870.410.00 25.00 Total :25.00 10Page: Packet Page 72 of 348 01/12/2011 Voucher List City of Edmonds 11 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123318 1/13/2011 070992 BANC OF AMERICA LEASING 011742235 RENTAL OF COPIER RENTAL OF COPIER 001.000.230.512.501.450.00 154.40 Total :154.40 123319 1/13/2011 002500 BLUMENTHAL UNIFORM CO INC 849559 INV#849559 - EDMONDS PD - DAWSON NAVY POLY PANTS - WEST/POCKET 001.000.410.521.700.240.00 158.85 9.5% Sales Tax 001.000.410.521.700.240.00 15.09 INV#855030 - EDMONDS PD - MARSH855030 ATAC 8" W/P SIDE ZIP BOOTS 001.000.410.521.220.240.00 119.99 9.5% Sales Tax 001.000.410.521.220.240.00 11.40 Total :305.33 123320 1/13/2011 073250 BMI GENERAL LICENSING 20639805 2011 LICENSING FEE 2011 LICENSING FEE 001.000.640.574.200.490.00 309.00 Total :309.00 123321 1/13/2011 060141 BRANOM INSTRUMENT 448145.2 Sewer LS 11 - Level Control Sewer LS 11 - Level Control 411.000.655.535.800.310.00 272.00 Freight 411.000.655.535.800.310.00 15.27 9.5% Sales Tax 411.000.655.535.800.310.00 27.29 Total :314.56 123322 1/13/2011 072159 BRETT S NAGLE LLC 010611 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.390.512.520.410.00 1,200.00 Total :1,200.00 11Page: Packet Page 73 of 348 01/12/2011 Voucher List City of Edmonds 12 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123323 1/13/2011 066578 BROWN AND CALDWELL 14137120 C-311 C-311 ODOR CONTROL PROJECT 414.000.656.594.320.410.10 7,060.50 Total :7,060.50 123324 1/13/2011 068484 CEMEX 9420338069 Storm - Dump Fees Storm - Dump Fees 411.000.652.542.320.490.00 53.45 Roadway - Sand9420384537 Roadway - Sand 111.000.653.542.310.310.00 320.00 9.5% Sales Tax 111.000.653.542.310.310.00 29.44 Street - Sand9420474550 Street - Sand 111.000.653.542.610.310.00 560.00 9.2% Sales Tax 111.000.653.542.610.310.00 51.52 Storm Dump Fees9420743445 Storm Dump Fees 411.000.652.542.320.490.00 101.50 Roadway - Asphalt 111.000.653.542.310.310.00 634.00 Freight 111.000.653.542.310.310.00 3.65 9.2% Sales Tax 111.000.653.542.310.310.00 58.33 Storm - Dump Fees9420756520 Storm - Dump Fees 411.000.652.542.320.490.00 500.00 Street - Sand 111.000.653.542.660.310.00 512.08 Freight 111.000.653.542.660.310.00 18.00 9.2% Sales Tax 111.000.653.542.660.310.00 47.11 12Page: Packet Page 74 of 348 01/12/2011 Voucher List City of Edmonds 13 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :2,889.08123324 1/13/2011 068484 068484 CEMEX 123325 1/13/2011 003510 CENTRAL WELDING SUPPLY RN12101042 WELDING SUPPLIES HELIUM, OXYGEN 001.000.640.576.800.450.00 8.30 9.5% Sales Tax 001.000.640.576.800.450.00 0.79 Total :9.09 123326 1/13/2011 003510 CENTRAL WELDING SUPPLY 154973 2954000 METAL GRINDER 411.000.656.538.800.310.21 139.99 9.5% Sales Tax 411.000.656.538.800.310.21 12.88 2954000LY 164085 WELDING SUPPLIES 411.000.656.538.800.310.21 72.90 9.5% Sales Tax 411.000.656.538.800.310.21 6.93 2954000RN12101043 CYLINDER RENTAL 411.000.656.538.800.450.21 33.20 9.5% Sales Tax 411.000.656.538.800.450.21 3.15 Total :269.05 123327 1/13/2011 003510 CENTRAL WELDING SUPPLY LY 164156 Shop Supplies Shop Supplies 511.000.657.548.680.311.00 166.89 9.5% Sales Tax 511.000.657.548.680.311.00 15.86 Total :182.75 123328 1/13/2011 019215 CITY OF LYNNWOOD 8383 INV#8383 CUST#1430 - EDMONDS PD VERIZON PHONES FOR NARCS 12/10 104.000.410.521.210.420.00 50.63 13Page: Packet Page 75 of 348 01/12/2011 Voucher List City of Edmonds 14 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :50.63123328 1/13/2011 019215 019215 CITY OF LYNNWOOD 123329 1/13/2011 019215 CITY OF LYNNWOOD 8382 LYNNDALE SKATE PARK CITY PORTION FOR MAINTENANCE & UPKEEP 001.000.640.576.800.510.00 5,000.00 Total :5,000.00 123330 1/13/2011 035160 CITY OF SEATTLE 2-533584-460571 WATER USEAGE FOR THE MONTH Water Useage for the Month of Dec 10 411.000.654.534.800.330.00 412.54 Total :412.54 123331 1/13/2011 004095 COASTWIDE LABS W2269981 RESTROOM SUPPLIES/TRASH LINERS LINERS, TOILET TISSUE, HAND SOAP, PAPER 001.000.640.576.800.310.00 1,745.19 9.5% Sales Tax 001.000.640.576.800.310.00 165.79 Total :1,910.98 123332 1/13/2011 004095 COASTWIDE LABS W2250514 Recycle: Slim Jim 23 Gal (2), Recycle: Slim Jim 23 Gal (2), 411.000.654.537.900.490.00 386.96 9.5% Sales Tax 411.000.654.537.900.490.00 36.76 Fac Maint - Stripper, Cleaners, Gloves,W2267532 Fac Maint - Stripper, Cleaners, Gloves, 001.000.651.519.920.310.00 1,210.40 9.5% Sales Tax 001.000.651.519.920.310.00 114.99 Total :1,749.11 123333 1/13/2011 073135 COGENT COMMUNICATIONS INC JAN-11 C/A CITYOFED00001 Jan-11 Fiber Optics Internet Connection 001.000.310.518.870.420.00 916.20 Total :916.20 123334 1/13/2011 065683 CORRY'S FINE DRY CLEANING DEC 2010 DRY CLEANING/LAUNDRY - DEC - EDMONDS PD 14Page: Packet Page 76 of 348 01/12/2011 Voucher List City of Edmonds 15 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123334 1/13/2011 (Continued)065683 CORRY'S FINE DRY CLEANING LAUNDRY/DRY CLEANING 12/2010 001.000.410.521.220.240.00 777.35 Total :777.35 123335 1/13/2011 006200 DAILY JOURNAL OF COMMERCE 3242781 E2DB.RFQ CONSULTANT SERVICES E2DB.RFQ Consultant Services 125.000.640.594.750.410.00 388.80 Total :388.80 123336 1/13/2011 072189 DATASITE 67977 INV#67977 - EDMONDS PD SHREDDING 12/16/10-64 GAL TOTE 001.000.410.521.100.410.00 40.00 Total :40.00 123337 1/13/2011 072189 DATASITE 67946 SHRED SERVICES Shred Services City Clerk 001.000.250.514.300.410.00 25.00 Shred Services Finance 001.000.310.514.230.410.00 25.00 Total :50.00 123338 1/13/2011 061570 DAY WIRELESS SYSTEMS - 16 149930 Unit 62 - Repairs Unit 62 - Repairs 511.000.657.548.680.480.00 110.00 9.2% Sales Tax 511.000.657.548.680.480.00 10.12 Total :120.12 123339 1/13/2011 073371 DENALI ADVANCED INTEGRATION 0037774-IN PALO ATLO FIREWALL INSTALL AND CONFIGURE Palo Alto Networks Firewall Software310-00144 001.000.310.518.880.410.00 3,648.00 Total :3,648.00 123340 1/13/2011 070230 DEPARTMENT OF LICENSING 12/8/10-1/11/11 STATE SHARE OF CONCEALED PISTOL State Share of Concealed Pistol 001.000.000.237.190.000.00 366.00 15Page: Packet Page 77 of 348 01/12/2011 Voucher List City of Edmonds 16 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :366.00123340 1/13/2011 070230 070230 DEPARTMENT OF LICENSING 123341 1/13/2011 047450 DEPT OF INFORMATION SERVICES 2010120113 CUSTOMER ID# D200-0 Scan Services for Dec-10 001.000.310.518.880.420.00 226.92 IGN Ethernet connection 001.000.310.518.880.420.00 940.00 Software VisioStd 2010 001.000.310.518.880.310.00 654.42 Licensing agreements 001.000.310.518.880.490.00 78,891.81 Total :80,713.15 123342 1/13/2011 064531 DINES, JEANNIE 10-3165 INV#10-3165 - EDMONDS PD TRANSCRIPTION CASE #IA 10-003 001.000.410.521.100.410.00 18.00 TRANSCRIPTION CASE #10-4809 001.000.410.521.210.410.00 33.00 TRANSCRIPTION CASE #IA 10-003 001.000.410.521.100.410.00 42.00 Total :93.00 123343 1/13/2011 064531 DINES, JEANNIE 11-3168 MINUTE TAKING 1/4 Council Meeting 001.000.250.514.300.410.00 231.00 Total :231.00 123344 1/13/2011 064640 DMCMA 010111 MEMBERSHIP TO COURT MANAGERS MEMBERSHIP TO COURT MANAGERS 001.000.230.512.500.490.00 150.00 MEMBERSHIP TO COURT ASSOCIATION FOR010211 MEMBERSHIP TO COURT ASSOCIATION FOR 001.000.230.512.500.490.00 40.00 MEMBERSHIP TO COURT ASSOCIATION FOR010311 MEMBERSHIP TO COURT ASSOCIATION FOR 001.000.230.512.501.490.00 40.00 16Page: Packet Page 78 of 348 01/12/2011 Voucher List City of Edmonds 17 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123344 1/13/2011 (Continued)064640 DMCMA MEMBERSHIP TO COURT ASSOCIATION FOR010411 MEMBERSHIP TO COURT ASSOCIATION FOR 001.000.230.512.500.490.00 40.00 MEMBERSHIP TO COURT ASSOCIATION FOR010511 MEMBERSHIP TO COURT ASSOCIATION FOR 001.000.230.512.501.490.00 40.00 MEMBERSHIP TO COURT ASSOCIATION FOR010611 MEMBERSHIP TO COURT ASSOCIATION FOR 001.000.230.512.500.490.00 40.00 MEMBERSHIP TO COURT ASSOCIATION FOR010711 MEMBERSHIP TO COURT ASSOCIATION FOR 001.000.230.512.500.490.00 40.00 Total :390.00 123345 1/13/2011 068803 EAST JORDAN IRON WORKS 3342017 Sewer - 12" Cleanouts Sewer - 12" Cleanouts 411.000.655.535.800.310.00 1,097.88 Freight 411.000.655.535.800.310.00 50.00 9.5% Sales Tax 411.000.655.535.800.310.00 109.05 Total :1,256.93 123346 1/13/2011 073037 EDMONDS ACE HARDWARE 1350/1 PARKS & RECREATION FASTENERS, SEALANT, ETC. 001.000.640.576.800.310.00 16.38 9.5% Sales Tax 001.000.640.576.800.310.00 1.56 PARKS & RECREATION1352/1 SUPPLIES 001.000.640.576.800.310.00 8.49 9.5% Sales Tax 001.000.640.576.800.310.00 0.81 PARKS & RECREATION1355/1 BUCKLE SLIDE RELEASE, STRAP 17Page: Packet Page 79 of 348 01/12/2011 Voucher List City of Edmonds 18 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123346 1/13/2011 (Continued)073037 EDMONDS ACE HARDWARE 001.000.640.576.800.310.00 2.34 9.5% Sales Tax 001.000.640.576.800.310.00 0.22 PARKS & RECREATION1356/1 C7 BULB 130.000.640.536.500.310.00 6.99 9.5% Sales Tax 130.000.640.536.500.310.00 0.66 PARKS & RECREATION1361/1 GRIND POINTS 001.000.640.576.800.310.00 8.98 9.5% Sales Tax 001.000.640.576.800.310.00 0.85 Total :47.28 123347 1/13/2011 073037 EDMONDS ACE HARDWARE 001248/1 Unit 138 - Supplies Unit 138 - Supplies 511.000.657.548.680.310.00 33.00 9.5% Sales Tax 511.000.657.548.680.310.00 3.14 Unit 40 - Caulk, Gorrilla Glue001326/1 Unit 40 - Caulk, Gorrilla Glue 511.000.657.548.680.310.00 11.48 9.5% Sales Tax 511.000.657.548.680.310.00 1.09 Total :48.71 123348 1/13/2011 063448 EDMONDS LIONS CLUB 2011 FLAG PROGRAM 2011 FLAG PROGRAM 2011 FLAG PROGRAM 001.000.390.519.900.490.00 500.00 Total :500.00 123349 1/13/2011 008550 EDMONDS SCHOOL DISTRICT #15 1001000638 WESTGATE ELEMENTARY CITY CONTRIBUTION TOWARD WESTGATE 125.000.640.576.800.510.00 25,000.00 18Page: Packet Page 80 of 348 01/12/2011 Voucher List City of Edmonds 19 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :25,000.00123349 1/13/2011 008550 008550 EDMONDS SCHOOL DISTRICT #15 123350 1/13/2011 008688 EDMONDS VETERINARY HOSPITAL 189455 INV#189455 CLIENT #308 - EDMONDS PD PEDIATRIC EXAM - KIRA 001.000.410.521.260.410.00 28.45 DHLPP PUPPY VACCINE-KIRA 001.000.410.521.260.410.00 23.00 BORDETELLA VACCINE-KIRA 001.000.410.521.260.410.00 20.25 FECAL EXAM-CENTRIFUGATION-KIRA 001.000.410.521.260.410.00 26.50 FRONTLINE SINGLE DOG 001.000.410.521.260.310.00 19.00 9.5% Sales Tax 001.000.410.521.260.310.00 1.81 Total :119.01 123351 1/13/2011 066378 FASTENAL COMPANY WAMOU21676 Roadway - Drive Gear Key Stock Roadway - Drive Gear Key Stock 111.000.653.542.310.310.00 6.51 9.5% Sales Tax 111.000.653.542.310.310.00 0.62 Unit 106 - OMP ReelWAMOU21943 Unit 106 - OMP Reel 511.000.657.548.680.310.00 479.29 Freight 511.000.657.548.680.310.00 15.37 9.5% Sales Tax 511.000.657.548.680.310.00 46.99 Traffic - 36" Mirror for OVDWAMOU21944 Traffic - 36" Mirror for OVD 111.000.653.542.640.310.00 112.51 Freight 111.000.653.542.640.310.00 4.80 9.5% Sales Tax 111.000.653.542.640.310.00 11.13 19Page: Packet Page 81 of 348 01/12/2011 Voucher List City of Edmonds 20 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :677.22123351 1/13/2011 066378 066378 FASTENAL COMPANY 123352 1/13/2011 009815 FERGUSON ENTERPRISES INC 1904280 17983 PRESSURE REGULATING VALVES 411.000.656.538.800.310.21 1,301.86 Freight 411.000.656.538.800.310.21 18.52 9.5% Sales Tax 411.000.656.538.800.310.21 125.44 Total :1,445.82 123353 1/13/2011 010660 FOSTER, MARLO 95 LEOFF 1 reimbursement LEOFF 1 reimbursement 009.000.390.517.370.230.00 208.58 Total :208.58 123354 1/13/2011 011900 FRONTIER 425-712-0647 BRACKETT'S LANDING MODEM LINE BRACKETTS LANDING MODEM LINE 001.000.640.576.800.420.00 40.76 PHONE BILL425-744-1681 425-744-1681 001.000.640.576.800.420.00 42.49 PHONE BILL425-744-1691 425-744-1691 001.000.640.576.800.420.00 41.83 MEADOWDALE PRESCHOOL425-745-5055 MEADOWDALE PRESCHOOL 001.000.640.575.560.420.00 58.61 PHONE BILL425-776-5316 CITY PARK 001.000.640.576.800.420.00 111.47 Total :295.16 123355 1/13/2011 011900 FRONTIER 425 771-5553 C/A 03 0210 1014522641 07 AUTO DIALER 411.000.656.538.800.420.00 94.67 20Page: Packet Page 82 of 348 01/12/2011 Voucher List City of Edmonds 21 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123355 1/13/2011 (Continued)011900 FRONTIER C/A 03 0210 1079569413 10425 NW1-0060 AUTO DIALER 411.000.656.538.800.420.00 41.47 C/A 03 0210 1099569419 02425 NW1-0155 TELEMETRY 411.000.656.538.800.420.00 218.12 Total :354.26 123356 1/13/2011 011900 FRONTIER 425-AB9-0530 1ST & PINE CIRCUIT LINE PT EDWARDS 1st & Pine Circuit Line for Pt Edwards 411.000.655.535.800.420.00 40.75 Total :40.75 123357 1/13/2011 068075 GENERAL AUTOMOTIVE SUPPLY CO 150088 INV#150088, ACCT#20999 - EDMONDS PD 20 MINUTE SPIKELESS ROAD FLARES 001.000.410.521.220.310.00 756.00 Total :756.00 123358 1/13/2011 073533 H2NATION PUBLISHING INC 1187 CITY WEBSITE INSTALLATION & DEVELOPMENT City website installation & development 001.000.240.513.110.410.00 15,000.00 Total :15,000.00 123359 1/13/2011 013007 HASNER, EZRA J 99 LEOFF 1 reimbursement LEOFF 1 reimbursement 009.000.390.517.370.230.00 1,661.32 Total :1,661.32 123360 1/13/2011 067862 HOME DEPOT CREDIT SERVICES 3081693 6035322500959949 COMPACT DRILL 411.000.656.538.800.350.00 199.00 9.5% Sales Tax 411.000.656.538.800.350.00 18.91 60353225009599495081041 LIGHT BULBS 411.000.656.538.800.310.23 5.55 21Page: Packet Page 83 of 348 01/12/2011 Voucher List City of Edmonds 22 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123360 1/13/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES 9.5% Sales Tax 411.000.656.538.800.310.23 0.53 60353225009599497597266 CONDUIT 411.000.656.538.800.310.21 16.68 9.5% Sales Tax 411.000.656.538.800.310.21 1.58 Total :242.25 123361 1/13/2011 067862 HOME DEPOT CREDIT SERVICES 1031085 Yost Park - Supplies Yost Park - Supplies 001.000.651.519.920.310.00 5.73 9.5% Sales Tax 001.000.651.519.920.310.00 0.54 PW - Repair Supplies2040250 PW - Repair Supplies 001.000.651.519.920.310.00 6.52 9.5% Sales Tax 001.000.651.519.920.310.00 0.62 Yost Park - Supplies2040276 Yost Park - Supplies 001.000.651.519.920.310.00 16.59 9.5% Sales Tax 001.000.651.519.920.310.00 1.58 PW - Pipe Supplies2564109 PW - Pipe Supplies 001.000.651.519.920.310.00 35.80 9.5% Sales Tax 001.000.651.519.920.310.00 3.40 FAC - Rood Repair Supplies3030743 FAC - Rood Repair Supplies 001.000.651.519.920.310.00 8.43 9.5% Sales Tax 001.000.651.519.920.310.00 0.80 PW - Repair Supplies3030806 22Page: Packet Page 84 of 348 01/12/2011 Voucher List City of Edmonds 23 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123361 1/13/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES PW - Repair Supplies 001.000.651.519.920.310.00 68.97 9.5% Sales Tax 001.000.651.519.920.310.00 6.55 Fac Maint Unit 26 - Stock Supplies3046495 Fac Maint Unit 26 - Stock Supplies 001.000.651.519.920.310.00 32.96 9.5% Sales Tax 001.000.651.519.920.310.00 3.13 Fac Maint - Supplies3046561 Fac Maint - Supplies 001.000.651.519.920.310.00 3.12 9.5% Sales Tax 001.000.651.519.920.310.00 0.30 FAC - Hot Water Boiler Repair Supplies4046250 FAC - Hot Water Boiler Repair Supplies 001.000.651.519.920.310.00 26.58 9.5% Sales Tax 001.000.651.519.920.310.00 2.53 Fac Maint Unit 26 - Multi Tool and Vac40776 Fac Maint Unit 26 - Multi Tool and Vac 001.000.651.519.920.350.00 158.97 Fac Maint Shop - 8" Dado 001.000.651.519.920.350.00 99.97 9.5% Sales Tax 001.000.651.519.920.350.00 24.60 FAC - Adhesive4081295 FAC - Adhesive 001.000.651.519.920.310.00 2.76 9.5% Sales Tax 001.000.651.519.920.310.00 0.26 Fac Maint - Shop Supplies40869 Fac Maint - Shop Supplies 001.000.651.519.920.310.00 22.06 23Page: Packet Page 85 of 348 01/12/2011 Voucher List City of Edmonds 24 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123361 1/13/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES 9.5% Sales Tax 001.000.651.519.920.310.00 2.10 FAC - Toilet Seats (8)5031921 FAC - Toilet Seats (8) 001.000.651.519.920.310.00 191.76 9.5% Sales Tax 001.000.651.519.920.310.00 18.22 City Hall - Supplies5046101 City Hall - Supplies 001.000.651.519.920.310.00 14.97 9.5% Sales Tax 001.000.651.519.920.310.00 1.42 FAC - Repair Supplies5046142 FAC - Repair Supplies 001.000.651.519.920.310.00 56.90 9.5% Sales Tax 001.000.651.519.920.310.00 5.41 FS 20 - Repair Supplies5076910 FS 20 - Repair Supplies 001.000.651.519.920.310.00 60.46 9.5% Sales Tax 001.000.651.519.920.310.00 5.74 Fac Maint - Hex SAE5081163 Fac Maint - Hex SAE 001.000.651.519.920.310.00 12.97 9.5% Sales Tax 001.000.651.519.920.310.00 1.23 FS 20 - Water Heater Repair Supplies5260348 FS 20 - Water Heater Repair Supplies 001.000.651.519.920.310.00 60.74 9.5% Sales Tax 001.000.651.519.920.310.00 5.77 Traffic Control - Supplies for Test598587 Traffic Control - Supplies for Test 24Page: Packet Page 86 of 348 01/12/2011 Voucher List City of Edmonds 25 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123361 1/13/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES 111.000.653.542.640.310.00 63.24 9.5% Sales Tax 111.000.653.542.640.310.00 6.01 Fac Maint - Unit 26 - Supplies6031808 Fac Maint - Unit 26 - Supplies 001.000.651.519.920.310.00 86.87 9.5% Sales Tax 001.000.651.519.920.310.00 8.25 Sewer - Wood Supplies6045830 Sewer - Wood Supplies 411.000.655.535.800.310.00 16.27 9.5% Sales Tax 411.000.655.535.800.310.00 1.55 Fac Maint - Unit 40 - Knee Pads6047844 Fac Maint - Unit 40 - Knee Pads 001.000.651.519.920.310.00 16.98 9.5% Sales Tax 001.000.651.519.920.310.00 1.61 Water - Supplies6083139 9.5% Sales Tax 411.000.654.534.800.310.00 2.54 Water - Supplies 411.000.654.534.800.310.00 26.78 FS 17 - Vent Caps, Supplies7035539 FS 17 - Vent Caps, Supplies 001.000.651.519.920.310.00 36.81 9.5% Sales Tax 001.000.651.519.920.310.00 3.50 City Hall - Planning & Engineer -7047567 City Hall - Planning & Engineer - 001.000.620.558.600.490.00 72.31 9.5% Sales Tax 001.000.620.558.600.490.00 6.87 9.5% Sales Tax 25Page: Packet Page 87 of 348 01/12/2011 Voucher List City of Edmonds 26 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123361 1/13/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES 001.000.620.532.200.490.00 6.87 City Hall - Planning & Engineer - 001.000.620.532.200.490.00 72.31 Water - Tarp to cover topsoil7260081 Water - Tarp to cover topsoil 411.000.654.534.800.310.00 36.98 9.5% Sales Tax 411.000.654.534.800.310.00 3.51 Fac Maint - Multimeter for Unit 268030036 Fac Maint - Multimeter for Unit 26 001.000.651.519.920.350.00 169.90 9.5% Sales Tax 001.000.651.519.920.350.00 16.14 Fac Maint - Supplies8047335 Fac Maint - Supplies 001.000.651.519.920.310.00 14.93 9.5% Sales Tax 001.000.651.519.920.310.00 1.42 MCH - Supplies9032531 MCH - Supplies 001.000.651.519.920.310.00 15.97 9.5% Sales Tax 001.000.651.519.920.310.00 1.52 PS - Hole Cover9036770 PS - Hole Cover 001.000.651.519.920.310.00 3.96 9.5% Sales Tax 001.000.651.519.920.310.00 0.38 Library - Adhesive, Nozzle9036798 Library - Adhesive, Nozzle 001.000.651.519.920.310.00 5.73 9.5% Sales Tax 001.000.651.519.920.310.00 0.54 City Hall - Planning/Engineering -9280635 26Page: Packet Page 88 of 348 01/12/2011 Voucher List City of Edmonds 27 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123361 1/13/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES City Hall - Planning/Engineering - 001.000.620.558.600.490.00 10.40 City Hall - Planning/Engineering - 001.000.620.532.200.490.00 10.39 9.5% Sales Tax 001.000.620.558.600.490.00 0.99 9.5% Sales Tax 001.000.620.532.200.490.00 0.99 Total :1,692.98 123362 1/13/2011 073539 HORTIN, DOUGLAS D E2DB.Temp Const.7 E2DB.TEMP CONSTRUCTION EASEMENT.HORTIN E2DB.Temp Construction Easement.Hortin 125.000.640.594.750.410.00 18,490.00 Total :18,490.00 123363 1/13/2011 070896 HSBC BUSINESS SOLUTIONS 8941 Fac Maint - Towels, Gloves, Supplies Fac Maint - Towels, Gloves, Supplies 001.000.651.519.920.310.00 720.75 HR - Holiday Breakfast Food 001.000.220.516.100.490.00 344.06 Storm/Sewer/Water - Sandisks for GPS 411.000.652.542.900.310.00 44.28 Storm/Sewer/Water - Sandisks for GPS 411.000.654.534.800.310.00 44.28 Storm/Sewer/Water - Sandisks for GPS 411.000.655.535.800.310.00 45.62 Fac Maint - Towels, Bandages, Supplies 001.000.651.519.920.310.00 284.29 Total :1,483.28 123364 1/13/2011 062899 HUFF, ARIELE HUFF12893 WRITE ABOUT YOUR LIFE ONLINE CLASS WRITE ABOUT YOUR LIFE: ONLINE #12893 001.000.640.574.200.410.00 67.90 Total :67.90 27Page: Packet Page 89 of 348 01/12/2011 Voucher List City of Edmonds 28 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123365 1/13/2011 070042 IKON 83895490 COPIER LEASE PARK MAINTENANCE COPIER LEASE 001.000.640.576.800.450.00 24.35 Total :24.35 123366 1/13/2011 070042 IKON 83946913 COPIER LEASE Cannon Image Runner 11/22-12/22 001.000.250.514.300.450.00 1,013.80 Total :1,013.80 123367 1/13/2011 070042 IKON 83919455 DSD MP171SPF Copier Lease DSD MP171SPF Copier Lease 001.000.620.558.800.450.00 30.66 Total :30.66 123368 1/13/2011 006841 IKON OFFICE SOLUTIONS 5016092182 INV#5016092182, CONT#1990279- EDMONDS PD PRO RATED MAINT AGMT-MICROFICHE 001.000.410.521.110.410.00 90.94 9.5% Sales Tax 001.000.410.521.110.410.00 8.64 Total :99.58 123369 1/13/2011 006841 IKON OFFICE SOLUTIONS 5016107757 DSD Copies Richoh 907EX DSD Copies Richoh 907EX 001.000.620.558.800.450.00 39.76 Eng- Copies RICOH MPC60005016107758 Eng- Copies RICOH MPC6000 001.000.620.558.800.450.00 597.51 Total :637.27 123370 1/13/2011 014900 INTERNATIONAL INSTITUTE OF 12022010 MEMBERSHIP Membership for City Clrk & Deputy City 001.000.250.514.300.490.00 280.00 Total :280.00 123371 1/13/2011 014940 INTERSTATE BATTERY SYSTEMS 778523 Unit 2 - Wire, Brake Clean, Lamps Unit 2 - Wire, Brake Clean, Lamps 28Page: Packet Page 90 of 348 01/12/2011 Voucher List City of Edmonds 29 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123371 1/13/2011 (Continued)014940 INTERSTATE BATTERY SYSTEMS 511.000.657.548.680.311.00 67.53 9.5% Sales Tax 511.000.657.548.680.311.00 6.42 Shop - Supplies779176 Shop - Supplies 511.000.657.548.680.311.00 147.20 9.5% Sales Tax 511.000.657.548.680.311.00 13.98 Fleet - Supplies779184 Fleet - Supplies 511.000.657.548.680.311.00 140.16 9.5% Sales Tax 511.000.657.548.680.311.00 13.32 Total :388.61 123372 1/13/2011 015270 JCI JONES CHEMICALS INC 488158 54278825 HYPOCHLORITE SOLUTION 411.000.656.538.800.310.53 3,458.53 Total :3,458.53 123373 1/13/2011 072650 KCDA PURCHASING COOPERATIVE 3452125 INV#3452125 - EDMONDS PD MULTI USE PAPER 001.000.410.521.100.310.00 233.40 HANDLING FEE 001.000.410.521.100.310.00 35.00 9.5% Sales Tax 001.000.410.521.100.310.00 22.17 Total :290.57 123374 1/13/2011 071137 KIDZ LOVE SOCCER KLS13223 KIDZ LOVE SOCCER CLASSES KLS #13223 001.000.640.574.200.410.00 340.20 KLS #13224 001.000.640.574.200.410.00 189.00 KLS #13225 29Page: Packet Page 91 of 348 01/12/2011 Voucher List City of Edmonds 30 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123374 1/13/2011 (Continued)071137 KIDZ LOVE SOCCER 001.000.640.574.200.410.00 113.40 KLS #13227 001.000.640.574.200.410.00 415.80 KLS #13228 001.000.640.574.200.410.00 302.40 KLS #13220 001.000.640.574.200.410.00 529.20 KLS #13230 001.000.640.574.200.410.00 680.40 KLS #13231 001.000.640.574.200.410.00 264.60 Total :2,835.00 123375 1/13/2011 069355 KLEINFELDER INC 678997 C-311 C-311 ODOR CONTROL PROJECT 414.000.656.594.320.410.10 1,260.50 Total :1,260.50 123376 1/13/2011 067725 LES SCHWAB TIRE CENTER 114522 Unit 83 - Traction Tires Unit 83 - Traction Tires 511.000.657.548.680.310.00 444.28 8.6% Sales Tax 511.000.657.548.680.310.00 38.43 Total :482.71 123377 1/13/2011 018950 LYNNWOOD AUTO PARTS INC 621296 Unit 48 - Wiper Blades Unit 48 - Wiper Blades 511.000.657.548.680.310.00 6.41 9.5% Sales Tax 511.000.657.548.680.310.00 0.61 Fleet - Returns621882 Fleet - Returns 511.000.657.548.680.310.00 -26.43 9.5% Sales Tax 511.000.657.548.680.310.00 -2.51 30Page: Packet Page 92 of 348 01/12/2011 Voucher List City of Edmonds 31 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123377 1/13/2011 (Continued)018950 LYNNWOOD AUTO PARTS INC Shop Tool621894 Shop Tool 511.000.657.548.680.350.00 49.90 9.5% Sales Tax 511.000.657.548.680.350.00 4.74 Unit 11 - Fitting621996 Unit 11 - Fitting 511.000.657.548.680.310.00 4.02 9.5% Sales Tax 511.000.657.548.680.310.00 0.38 Unit 11 - Fittings622009 Unit 11 - Fittings 511.000.657.548.680.310.00 4.42 9.5% Sales Tax 511.000.657.548.680.310.00 0.42 Unit 55 - Fuel Hose622076 Unit 55 - Fuel Hose 511.000.657.548.680.310.00 18.00 9.5% Sales Tax 511.000.657.548.680.310.00 1.71 Unit 113 - ATP Filter622106 Unit 113 - ATP Filter 511.000.657.548.680.310.00 15.89 9.5% Sales Tax 511.000.657.548.680.310.00 1.51 Unit 22 - Fuel Filter622416 Unit 22 - Fuel Filter 511.000.657.548.680.310.00 6.69 9.5% Sales Tax 511.000.657.548.680.310.00 0.64 Unit 791 - Ox Sensor622494 Unit 791 - Ox Sensor 511.000.657.548.680.310.00 29.23 9.5% Sales Tax 31Page: Packet Page 93 of 348 01/12/2011 Voucher List City of Edmonds 32 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123377 1/13/2011 (Continued)018950 LYNNWOOD AUTO PARTS INC 511.000.657.548.680.310.00 2.78 Unit 91 - Supplies622505 Unit 91 - Supplies 511.000.657.548.680.310.00 8.19 9.5% Sales Tax 511.000.657.548.680.310.00 0.78 Unit 91 -Undercoat Spray622708 Unit 91 -Undercoat Spray 511.000.657.548.680.310.00 6.10 9.5% Sales Tax 511.000.657.548.680.310.00 0.58 Unit 791- Ox Sensor622936 Unit 791- Ox Sensor 511.000.657.548.680.310.00 29.23 9.5% Sales Tax 511.000.657.548.680.310.00 2.78 Unit 791 - Wiper Blades623156 Unit 791 - Wiper Blades 511.000.657.548.680.310.00 17.98 9.5% Sales Tax 511.000.657.548.680.310.00 1.71 Unit 96 - Drivebelt Idler623350 Unit 96 - Drivebelt Idler 511.000.657.548.680.310.00 12.80 9.5% Sales Tax 511.000.657.548.680.310.00 1.22 Total :199.78 123378 1/13/2011 069362 MARSHALL, CITA 0985 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.501.410.01 87.50 INTERPRETER FEE0996 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE0997 32Page: Packet Page 94 of 348 01/12/2011 Voucher List City of Edmonds 33 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123378 1/13/2011 (Continued)069362 MARSHALL, CITA INTERPRETER FEE 001.000.230.512.500.410.01 107.50 INTERPRETER FEE0998 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 Total :370.00 123379 1/13/2011 019920 MCCANN, MARIAN 96 LEOFF 1 reimbursement LEOFF 1 reimbursement 009.000.390.517.370.290.00 6,048.00 Total :6,048.00 123380 1/13/2011 020039 MCMASTER-CARR SUPPLY CO 73559883 123106800 O-RING/HEX NUT/MOUNTING PLATE 411.000.656.538.800.310.21 227.48 Freight 411.000.656.538.800.310.21 8.89 Total :236.37 123381 1/13/2011 069053 MICRO COM SYSTEMS LTD 15286 Microfilm 2003 Land Use Files Microfilm 2003 Land Use Files 001.000.620.558.600.490.00 1,630.57 Total :1,630.57 123382 1/13/2011 063773 MICROFLEX 00019755 2011 SALES TAX CONVERSIONS 2011 Sales Tax Conversion 001.000.310.514.230.410.00 300.00 DEC-10 TAX AUDIT PROGRAM00019779 DEC-10 TAX AUDIT PROGRAM 001.000.310.514.230.410.00 351.61 Total :651.61 123383 1/13/2011 021983 MOTOR TRUCKS INC 1-10217781 Unit 14 - Brake Repairs Unit 14 - Brake Repairs 511.000.657.548.680.480.00 621.79 33Page: Packet Page 95 of 348 01/12/2011 Voucher List City of Edmonds 34 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123383 1/13/2011 (Continued)021983 MOTOR TRUCKS INC 9.2% Sales Tax 511.000.657.548.680.480.00 57.21 Total :679.00 123384 1/13/2011 073518 MWH SOFT 000013762 INFO WATER SOFTWARE InfoWater Software 411.000.654.534.800.640.00 8,760.00 Total :8,760.00 123385 1/13/2011 072700 NETWORK HARDWARE RESALE LLC 316325 48-PORT CATALYST BASES Catalyst 4500 enhanced 48-port base (2 001.000.310.518.880.480.00 7,436.86 Total :7,436.86 123386 1/13/2011 061013 NORTHWEST CASCADE INC 1-237498 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: CIVIC FIELD 001.000.640.576.800.450.00 189.87 Total :189.87 123387 1/13/2011 073522 NW HYDRAULIC CONSULTANTS INC 14125 E7FD.SERVICES THRU 12/31/10 E7FD.Services thru 12/31/10 412.200.630.594.320.410.00 11,004.27 Total :11,004.27 123388 1/13/2011 070306 OBERG, WILLIAM 100 LEOFF 1 reimbursement LEOFF 1 reimbursement 009.000.390.517.370.230.00 229.00 Total :229.00 123389 1/13/2011 063511 OFFICE MAX INC 341725 COLORED COPY PAPER AQUA COPY PAPER 001.000.640.574.100.310.00 28.40 9.5% Sales Tax 001.000.640.574.100.310.00 2.71 TRACKBALL/ARTS COMMISSION406390 MOUSE TRACKBALL 34Page: Packet Page 96 of 348 01/12/2011 Voucher List City of Edmonds 35 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123389 1/13/2011 (Continued)063511 OFFICE MAX INC 117.100.640.573.100.310.00 22.83 9.5% Sales Tax 117.100.640.573.100.310.00 2.17 Total :56.11 123390 1/13/2011 063511 OFFICE MAX INC 298336 PW Admin Office Supplies - Legal Folders PW Admin Office Supplies - Legal Folders 001.000.650.519.910.310.00 49.67 9.5% Sales Tax 001.000.650.519.910.310.00 4.72 Total :54.39 123391 1/13/2011 063511 OFFICE MAX INC 286566 Office supplies - DSD Office supplies - DSD 001.000.620.558.800.310.00 25.80 Total :25.80 123392 1/13/2011 070166 OFFICE OF THE STATE TREASURER Dec-10 2010 DEC-10COURT, BLDG CODE & JIS TRANSMITTAL Emergency Medical Services & Trauma 001.000.000.237.120.000.00 1,113.12 PSEA 1 & 2 Account 001.000.000.237.130.000.00 25,502.55 Building Code Fee Account 001.000.000.237.150.000.00 99.00 State Patrol Death Investigations 001.000.000.237.170.000.00 637.85 Judicial Information Systems Account 001.000.000.237.180.000.00 4,037.71 School Zone Safety Account 001.000.000.237.200.000.00 238.36 Washington Auto Theft Prevention 001.000.000.237.250.000.00 2,174.78 Traumatic Brain Injury 001.000.000.237.260.000.00 412.64 35Page: Packet Page 97 of 348 01/12/2011 Voucher List City of Edmonds 36 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :34,216.01123392 1/13/2011 070166 070166 OFFICE OF THE STATE TREASURER 123393 1/13/2011 026200 OLYMPIC VIEW WATER DISTRICT 224th Surcharge Sewer System Surcharge 2010 Sewer System Surcharge 2010 411.000.655.535.800.480.00 2,243.25 Total :2,243.25 123394 1/13/2011 069214 OVERHEAD DOOR CO. OF EVERETT 3041 Yost Water Facility - Service Door Yost Water Facility - Service Door 411.000.654.534.800.480.00 1,998.09 9.5% Sales Tax 411.000.654.534.800.480.00 189.82 Total :2,187.91 123395 1/13/2011 066339 PACIFIC OFFICE AUTOMATION C08832 Color copy overage fee (0) Black, Color copy overage fee (0) Black, 411.000.654.534.800.480.00 41.64 Color copy overage fee (0) Black, 411.000.655.535.800.480.00 41.64 Color copy overage fee (0) Black, 411.000.652.542.900.480.00 41.64 Color copy overage fee (0) Black, 111.000.653.542.900.480.00 41.63 9.5% Sales Tax 411.000.654.534.800.480.00 3.96 9.5% Sales Tax 411.000.655.535.800.480.00 3.96 9.5% Sales Tax 411.000.652.542.900.480.00 3.96 9.5% Sales Tax 111.000.653.542.900.480.00 3.94 Total :182.37 123396 1/13/2011 027060 PACIFIC TOPSOILS 233698 CLEAN GREEN DUMP CLEAN GREEN DUMP 001.000.640.576.800.470.00 50.00 36Page: Packet Page 98 of 348 01/12/2011 Voucher List City of Edmonds 37 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :50.00123396 1/13/2011 027060 027060 PACIFIC TOPSOILS 123397 1/13/2011 073542 PAUL, JOAN PAUL010711 REFUND REFUND DUE TO INSUFFICIENT REGISTRATION 001.000.000.239.200.000.00 78.00 Total :78.00 123398 1/13/2011 070962 PAULSONS TOWING INC 95511 INV#95511 - EDMONDS PD TOWING FORD EXPLORER 450SHZ 001.000.410.521.220.410.00 158.00 9.5% Sales Tax 001.000.410.521.220.410.00 15.01 Total :173.01 123399 1/13/2011 069690 PERFORMANCE RADIATOR 3251257 Unit 650 - Radiator Unit 650 - Radiator 511.000.657.548.680.310.00 149.00 9.5% Sales Tax 511.000.657.548.680.310.00 14.16 Total :163.16 123400 1/13/2011 073056 PROSPECT CONSTRUCTION INC 12 C-311 C-311 ODOR CONTROL PROJECT 414.000.656.594.320.650.10 27,107.30 Total :27,107.30 123401 1/13/2011 064088 PROTECTION ONE 31146525 24 HOUR ALARM MONITORING -CITY HALL 24 hour Alarm Monitoring-City Hall~ 001.000.651.519.920.420.00 37.85 Total :37.85 123402 1/13/2011 070809 PUGET SOUND EXECUTIVE 10-895 COURT SECURITY COURT SECURITY 001.000.230.512.500.410.00 2,709.38 Total :2,709.38 123403 1/13/2011 065579 QUIKSIGN 58863 Sign Install- PUD - PLN 2010.0070 37Page: Packet Page 99 of 348 01/12/2011 Voucher List City of Edmonds 38 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123403 1/13/2011 (Continued)065579 QUIKSIGN Sign Install- PUD - PLN 2010.0070 001.000.620.558.600.410.11 185.06 Sign Install - Scotts PLN2010006658864 Sign Install - Scotts PLN20100066 001.000.620.558.600.410.11 185.06 Total :370.12 123404 1/13/2011 073538 REASBY, GARTH P REFUND CPL#E934051 REFUND CPL#934051 - EDMONDS PD REF CPL#E934051 RENEWAL FEE 001.000.000.322.900.000.00 14.00 REF CPL#E934051 STATE PART FEE 001.000.000.237.190.000.00 18.00 Total :32.00 123405 1/13/2011 069062 RONGERUDE, JOHN 7529 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.390.512.520.410.00 400.00 Total :400.00 123406 1/13/2011 071467 S MORRIS COMPANY 12/31/2010 ACCT#70014 - EDMONDS PD- ANIMAL DISPOSAL #156279 - 8 NPC 11/29/10 001.000.410.521.700.410.00 85.44 #141685 - 5 NPC 12/13/10 001.000.410.521.700.410.00 53.40 #782072 - 3 NPC 12/27/10 001.000.410.521.700.410.00 32.04 Total :170.88 123407 1/13/2011 066964 SEATTLE AUTOMOTIVE DIST INC 03-046438 Fleet Returns Fleet Returns 511.000.657.548.680.310.00 -3.71 9.5% Sales Tax 511.000.657.548.680.310.00 -0.35 Unit 104 - Sensor03-084696 Unit 104 - Sensor 38Page: Packet Page 100 of 348 01/12/2011 Voucher List City of Edmonds 39 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123407 1/13/2011 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC 511.000.657.548.680.310.00 31.96 9.5% Sales Tax 511.000.657.548.680.310.00 3.04 Unit 29 - Sensor03-085741 Unit 29 - Sensor 511.000.657.548.680.310.00 37.91 9.5% Sales Tax 511.000.657.548.680.310.00 3.60 Unit 113 - Filters03-086132 Unit 113 - Filters 511.000.657.548.680.310.00 50.33 9.5% Sales Tax 511.000.657.548.680.310.00 4.78 Unit K9-3 - Motor and Fan03-086323 Unit K9-3 - Motor and Fan 511.000.657.548.680.310.00 170.08 9.5% Sales Tax 511.000.657.548.680.310.00 16.16 Unit 791 - Battery03-086348 Unit 791 - Battery 511.000.657.548.680.310.00 64.06 9.5% Sales Tax 511.000.657.548.680.310.00 6.09 Unit 680 - Motor and Fan03-087423 Unit 680 - Motor and Fan 511.000.657.548.680.310.00 170.08 9.5% Sales Tax 511.000.657.548.680.310.00 16.16 Unit 680 - Parts03-087430 Unit 680 - Parts 511.000.657.548.680.310.00 3.71 9.5% Sales Tax 511.000.657.548.680.310.00 0.35 Unit 872 - Brake line Kit03-087436 39Page: Packet Page 101 of 348 01/12/2011 Voucher List City of Edmonds 40 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123407 1/13/2011 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC Unit 872 - Brake line Kit 511.000.657.548.680.310.00 82.70 9.5% Sales Tax 511.000.657.548.680.310.00 7.86 Unit 680 - Thermostat Assembly03-087509 Unit 680 - Thermostat Assembly 511.000.657.548.680.310.00 7.88 9.5% Sales Tax 511.000.657.548.680.310.00 0.75 Unit 872 - Wiper Blade Assembly03-087524 Unit 872 - Wiper Blade Assembly 511.000.657.548.680.310.00 27.76 9.5% Sales Tax 511.000.657.548.680.310.00 2.64 Unit 36 - Brake Parts03-087649 Unit 36 - Brake Parts 511.000.657.548.680.310.00 85.39 9.5% Sales Tax 511.000.657.548.680.310.00 8.11 Unit 791- Spark Plugs03-087851 Unit 791- Spark Plugs 511.000.657.548.680.310.00 39.66 9.5% Sales Tax 511.000.657.548.680.310.00 3.77 Unit 791- Coil03-087978 Unit 791- Coil 511.000.657.548.680.310.00 21.74 9.5% Sales Tax 511.000.657.548.680.310.00 2.07 Unit 10 - Fuel Pump03-089035 Unit 10 - Fuel Pump 511.000.657.548.680.310.00 187.51 9.5% Sales Tax 511.000.657.548.680.310.00 17.81 40Page: Packet Page 102 of 348 01/12/2011 Voucher List City of Edmonds 41 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123407 1/13/2011 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC Fleet Returns05-368898 Fleet Returns 511.000.657.548.680.310.00 -185.23 9.5% Sales Tax 511.000.657.548.680.310.00 -17.60 Fleet Returns05-369829 Fleet Returnsg 511.000.657.548.680.310.00 -34.82 9.5% Sales Tax 511.000.657.548.680.310.00 -3.31 Total :828.94 123408 1/13/2011 067076 SEATTLE PUMP AND EQUIPMENT CO 10-4346F Freight Freight 511.000.657.548.680.310.00 156.10 9.5% Sales Tax 511.000.657.548.680.310.00 14.83 Total :170.93 123409 1/13/2011 061135 SEAVIEW CHEVROLET 92269 Unit 36 - Hose Unit 36 - Hose 511.000.657.548.680.310.00 65.43 9.5% Sales Tax 511.000.657.548.680.310.00 6.22 Total :71.65 123410 1/13/2011 036509 SIGNATURE FORMS INC 1102348 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 110.34 Total :110.34 123411 1/13/2011 036955 SKY NURSERY 283858 WINTER PLANTING WINTER PLANTING OF ANDERSON CENTER AND 001.000.640.576.810.310.00 129.03 9.5% Sales Tax 41Page: Packet Page 103 of 348 01/12/2011 Voucher List City of Edmonds 42 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123411 1/13/2011 (Continued)036955 SKY NURSERY 001.000.640.576.810.310.00 12.26 Total :141.29 123412 1/13/2011 037375 SNO CO PUD NO 1 2006-5085-1 600 3RD AVE S 600 3RD AVE S 001.000.640.576.800.470.00 67.13 600 3RD AVE S2006-5164-4 600 3RD AVE S 001.000.640.576.800.470.00 1,308.99 250 6TH AVE N2008-6924-6 250 6TH AVE N 001.000.640.576.800.470.00 311.00 23700 104TH AVE W2011-8453-8 23700 104TH AVE W 001.000.640.576.800.470.00 192.97 251 6TH AVE N2014-5305-7 251 6TH AVE N 001.000.640.576.800.470.00 484.79 600 3RD AVE S2021-1448-4 600 3RD AVE S 001.000.640.576.800.470.00 373.72 Total :2,738.60 123413 1/13/2011 063941 SNO CO SHERIFFS OFFICE I000253261 INV#I000253261 CUST#SSH00010-EDMONDS PD TASK FORCE JAN-JUNE 2011 001.000.410.521.100.510.00 4,900.50 INV#I000256336 CUST#SSH00095-EDMONDS PDI000256336 SCSO RANGE USAGE/9.5 HRS 11/01/10 001.000.410.521.400.410.00 475.00 INV#I000256337 CUST#SSH00095-EDMONDS PDI000256337 SCSO RANGE USAGE 10 HRS 11/2/10 001.000.410.521.400.410.00 500.00 INV#I000261116 CUST#SSH00095-EDMONDS PDI000261116 SCSO RANGE USAGE 9.5 HRS 11/10/10 001.000.410.521.400.410.00 475.00 42Page: Packet Page 104 of 348 01/12/2011 Voucher List City of Edmonds 43 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123413 1/13/2011 (Continued)063941 SNO CO SHERIFFS OFFICE SCSO RANGE USAGE 9.5 HRS 11/15/10 001.000.410.521.400.410.00 475.00 SCSO RANGE USAGE 10 HRS 11/22/10 001.000.410.521.400.410.00 500.00 Total :7,325.50 123414 1/13/2011 063941 SNO CO SHERIFFS OFFICE December 2010 INMATE PRESCRIPTIONS - DECEMBER 2010 INMATE PRESCRIPTIONS DEC 2010 001.000.410.523.600.310.00 115.86 Total :115.86 123415 1/13/2011 037075 SNOHOMISH CO AUDITOR'S OFFICE 2010 Gen Election NOV 2 2010 GENERAL ELECTION COST Nov 2 2010 Total District Election Cost 001.000.390.511.700.510.00 9,221.61 Total :9,221.61 123416 1/13/2011 006630 SNOHOMISH COUNTY i000265882 DUMP FEES/#57387 DUMP FEES 001.000.640.576.800.470.00 415.00 Total :415.00 123417 1/13/2011 064351 SNOHOMISH COUNTY TREASURER 2010-535 INV#2010-535 EDMONDS PD 74.50 BOOKINGS - DEC 2010 001.000.410.523.600.510.00 6,705.00 ADJUST .83 BOOKINGS - NOV 2010 001.000.410.523.600.510.00 -74.70 498.5 HOUSING DAYS - DEC 2010 001.000.410.523.600.510.00 31,156.25 ADJUST 27.5 HOUSING DAYS-NOV 2010 001.000.410.523.600.510.00 -1,718.75 66 WORK RELEASE - DEC 2010 001.000.410.523.600.510.00 2,772.00 CREDIT 20 WORK RELEASE - DEC 2010 001.000.410.523.600.510.00 -320.00 CREDIT 31 WORK RELEASE - DEC 2010 43Page: Packet Page 105 of 348 01/12/2011 Voucher List City of Edmonds 44 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123417 1/13/2011 (Continued)064351 SNOHOMISH COUNTY TREASURER 001.000.410.523.600.510.00 -1,240.00 Total :37,279.80 123418 1/13/2011 070167 SNOHOMISH COUNTY TREASURER Dec 2010 DEC-10 CRIME VICTIMS COURT REMITTANCE Crime Victims Court Remittance 001.000.000.237.140.000.00 800.73 Total :800.73 123419 1/13/2011 037800 SNOHOMISH HEALTH DISTRICT 292900/293017 Storm/Street - 2 HEP A/B Vaccines Storm/Street - 2 HEP A/B Vaccines 411.000.652.542.900.410.00 142.50 Storm/Street - 2 HEP A/B Vaccines 111.000.653.542.900.410.00 142.50 Total :285.00 123420 1/13/2011 069936 SOUND TRANSIT 20112 001 & 002 APP & PROC FEE FOR FIBER PROJECT Application Fee for Fiber Project 001.000.310.518.870.490.00 250.00 Processing Fee for Fiber Project 001.000.310.518.870.490.00 2,500.00 Total :2,750.00 123421 1/13/2011 072703 SPOKANE CO SHERIFF'S OFFICE MARCH 21 2011 CLASS COMPLEX LATENT SUFF. - MOORE - EDMONDS COMPLEX LATENT SUFFICIENCY CLASS - 001.000.410.521.400.490.00 225.00 Total :225.00 123422 1/13/2011 046200 STATE OF WASHINGTON 4Q 2010 LEASEHOLDTAX 4Q-10 LEASEHOLD TAX 4Q-10 Leasehold Tax Liability 001.000.000.237.220.000.00 5,024.20 Total :5,024.20 123423 1/13/2011 040250 STEUBER DISTRIBUTING 223864 GREENHOUSE SUPPLIES GREENHOUSE SUPPLIES FOR FLOWER PROGRAM 127.000.640.575.500.310.00 1,554.10 9.5% Sales Tax 44Page: Packet Page 106 of 348 01/12/2011 Voucher List City of Edmonds 45 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123423 1/13/2011 (Continued)040250 STEUBER DISTRIBUTING 001.000.640.576.810.310.00 133.65 Total :1,687.75 123424 1/13/2011 040430 STONEWAY ELECTRIC SUPPLY 2393396 Yost Park - Elect Supplies Yost Park - Elect Supplies 001.000.651.519.920.310.00 7.36 9.5% Sales Tax 001.000.651.519.920.310.00 0.70 Fac Maint - Elect Supplies2396301 Fac Maint - Elect Supplies 001.000.651.519.920.310.00 275.71 9.5% Sales Tax 001.000.651.519.920.310.00 26.19 Total :309.96 123425 1/13/2011 073534 SUSTAINABLE CONNECTIONS 9211 Presentation on 11-17-10 "60 Green Presentation on 11-17-10 "60 Green 001.000.620.558.600.490.00 100.00 Total :100.00 123426 1/13/2011 073501 SYNAPTEC SOFTWARE INC 2429 PROBATION TRACKING SOFTWARE PROGRAM PROBATION TRACKING SOFTWARE PROGRAM 001.000.230.512.500.310.10 1,900.00 Total :1,900.00 123427 1/13/2011 040917 TACOMA SCREW PRODUCTS INC 10101374 CAP SCREWS SS HEX CAP SCREWS 001.000.640.576.800.310.00 74.16 Freight 001.000.640.576.800.310.00 6.56 9.5% Sales Tax 001.000.640.576.800.310.00 7.67 SCREW EYES10101375 SCREW EYES 001.000.640.576.800.310.00 5.62 45Page: Packet Page 107 of 348 01/12/2011 Voucher List City of Edmonds 46 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123427 1/13/2011 (Continued)040917 TACOMA SCREW PRODUCTS INC Freight 001.000.640.576.800.310.00 5.13 9.5% Sales Tax 001.000.640.576.800.310.00 1.02 Total :100.16 123428 1/13/2011 073544 TEKTRONIX SERVICE SOLUTIONS 3353381 BACKFLOW GAUGE BACKFLOW GAUGE 001.000.640.576.800.310.00 66.00 Total :66.00 123429 1/13/2011 009350 THE DAILY HERALD COMPANY I01720484-12072010 E2DB.RFQ CONSULTANT SERVICES E2DB.RFQ Consultant Services 125.000.640.594.750.410.00 198.80 Total :198.80 123430 1/13/2011 009350 THE DAILY HERALD COMPANY 12312010 NEWSPAPER ADS Council Agendas 001.000.250.514.300.440.00 1,368.39 NEWSPAPER AD1722358 Ordinance 3830 001.000.250.514.300.440.00 56.32 NEWSPAPER AD1722359 Ordinance 3829 001.000.250.514.300.440.00 45.36 NEWSPAPER AD1722370 Ordinance 3831 001.000.250.514.300.440.00 297.44 Total :1,767.51 123431 1/13/2011 009350 THE DAILY HERALD COMPANY 1721049 Legal Notice - City - Comp Plan 2011 Legal Notice - City - Comp Plan 2011 001.000.620.558.600.440.00 40.88 Legal Notice: Scott's PLN 2010.661721874 Legal Notice: Scott's PLN 2010.66 46Page: Packet Page 108 of 348 01/12/2011 Voucher List City of Edmonds 47 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123431 1/13/2011 (Continued)009350 THE DAILY HERALD COMPANY 001.000.620.558.600.440.00 50.68 Legal Notice: PUD PLN 2010.701721875 Legal Notice: PUD PLN 2010.70 001.000.620.558.600.440.00 50.68 Total :142.24 123432 1/13/2011 069351 TIM YOKERS CONSULTING 12272010 SEWER MANHOLE ODOR INVESTIGATION SEWER MANHOLE ODOR INVESTIGATION 411.000.656.538.800.410.11 2,380.00 Total :2,380.00 123433 1/13/2011 073068 VALLEY BANK 12 C-311 C/A 348 OUR PROJECT C-311 414.000.656.594.320.650.10 1,297.00 Total :1,297.00 123434 1/13/2011 067865 VERIZON WIRELESS 0935498879 C/A 571242650-0001 Blackberry Cell Phone Service Bld Dept 001.000.620.524.100.420.00 647.29 Blackberry Cell Phone Service City Clerk 001.000.250.514.300.420.00 56.79 Blackberry Cell Phone Service Court 001.000.230.512.500.420.00 115.64 Blackberry Cell Phone Service 001.000.620.558.800.420.00 56.79 Blackberry Cell Phone Service Planning 001.000.620.558.600.420.00 57.09 Blackberry Cell Phone Service Econ 001.000.610.519.700.420.00 56.79 Blackberry Cell Phone Service 001.000.620.532.200.420.00 342.41 Blackberry Cell Phone Service Facilities 001.000.651.519.920.420.00 120.03 Blackberry Cell Phone Service Finance 001.000.310.514.230.420.00 56.79 47Page: Packet Page 109 of 348 01/12/2011 Voucher List City of Edmonds 48 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123434 1/13/2011 (Continued)067865 VERIZON WIRELESS Blackberry Cell Phone Service HR 001.000.220.516.100.420.00 56.79 Blackberry Cell Phone Service IT 001.000.310.518.880.420.00 1,419.95 Blackberry Cell Phone Service Mayor's 001.000.210.513.100.420.00 156.59 Blackberry Cell Phone Service Police 001.000.410.521.220.420.00 967.46 Blackberry Air Cards Police Dept 001.000.410.521.220.420.00 572.93 Blackberry Cell Phone Service PW Admin 001.000.650.519.910.420.00 58.58 Blackberry Cell Phone Service PW St Dept 111.000.653.542.900.420.00 60.57 Blackberry Cell Phone Service PW Fleet 511.000.657.548.680.420.00 57.67 Blackberry Cell Phone Service PW Water/ 411.000.654.534.800.420.00 50.80 Blackberry Cell Phone Service PW Water/ 411.000.655.535.800.420.00 50.80 Blackberry Cell Phone Service Sewer Dept 411.000.655.535.800.420.00 105.46 Blackberry Cell Phone Service WWTP 411.000.656.538.800.420.00 119.70 Blackberry Cell Phone Service Water Dept 411.000.654.534.800.420.00 142.81 425-239-2562 BLACKBERRY CREDIT0935498879 Blackberry Cell Phone Service Parks Dept 001.000.640.574.100.420.00 -36.21 Total :5,293.52 123435 1/13/2011 065035 WASHINGTON STATE PATROL I11005611 INV#I11005611 EDM301 BACKGROUND CHECKS 12/2010 001.000.000.237.100.000.00 269.50 48Page: Packet Page 110 of 348 01/12/2011 Voucher List City of Edmonds 49 3:12:20PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :269.50123435 1/13/2011 065035 065035 WASHINGTON STATE PATROL 123436 1/13/2011 068227 WCCFA EDWARDS2011 2011 DUES 2011 DUES: CLIFF EDWARD EDMONDS 130.000.640.536.200.490.00 305.20 Total :305.20 123437 1/13/2011 069691 WESTERN SYSTEMS SO0005576 Traffic - Traffic Signal Controller Traffic - Traffic Signal Controller 111.000.653.542.640.310.00 2,522.89 9.5% Sales Tax 111.000.653.542.640.310.00 239.67 Total :2,762.56 123438 1/13/2011 069811 WVCIA WVCIA CLASS SEX RELATED HOMICDE - BARKER - EDMONDS 4/4-4/6 SEX RELATED HOMICIDE & DEATH 001.000.410.521.400.490.00 525.00 Total :525.00 Bank total :390,291.57136 Vouchers for bank code :front 390,291.57Total vouchers :Vouchers in this report136 49Page: Packet Page 111 of 348 AM-3666   Item #: 2. D. City Council Meeting Date: 01/18/2011 Time:Consent   Submitted For:Councilwoman Buckshnis Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type:Action  Information Subject Title Authorization for Mayor to sign Agreement of Sponsorship Between the City of Edmonds and The Edmonds Chamber of Commerce Foundation. Recommendation from Mayor and Staff Previous Council Action On November 30, 2010, the Council made a motion to approve the Edmonds Chamber of Commerce Foundation's request for funding for the July 4th, 2010 festivities in the amount of Five Thousand ($5,000.00) Dollars. Attachment 1:  11/30/2010 Council Minutes Narrative This Agreement of Sponsorship Between the City of Edmonds and The Edmonds Chamber of Commerce Foundation has been placed on the Consent Agenda for approval. Attachment 2:  Agreement of Sponsorship Between the City of Edmonds and The Edmonds Chamber of Commerce Foundation Attachments Attachment 1: 11-30-2010 Council Minutes Attachment 2: Agreement Form Review Inbox Reviewed By Date City Clerk Linda Hynd 01/12/2011 10:53 AM Mayor Mike Cooper 01/13/2011 01:15 PM Final Approval Sandy Chase 01/13/2011 01:16 PM Form Started By: Jana Spellman Started On: 01/07/2011 10:27 AM Final Approval Date: 01/13/2011  Packet Page 112 of 348 Edmonds City Council Approved Minutes November 30, 2010 Page 11 Councilmember Petso explained that was the nature of her inquiry to Mr. Snyder; although a standalone public facility such as the Edmonds Center for the Arts would not be a permitted expenditure, the City has treated other public facilities such as Yost Pool differently. For example when a window breaks at Yost Pool, park funds are used to replace the window. She summarized there was potentially a different use of funds for a recreational facility located in a park. 9. DISCUSSION AND RECOMMENDATION TO FUND EDMONDS CHAMBER OF COMMERCE FOUNDATION REQUEST FOR FUNDING FOR 2010 4TH OF JULY FESTIVITIES. Councilmember Buckshnis advised the Chamber made a presentation at the Finance Committee’s September meeting indicating they were approximately $20,000 short of funding for the 2010 4th of July. In her opinion the 4th of July festivities are very important to the City and she supported honoring the Chamber’s request for $5,000. The balance in the Council Contingency Fund is $73,778. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO FUND THE CHAMBER’S $5,000 REQUEST FOR 2010 4TH OF JULY FESTIVITIES FROM THE COUNCIL CONTINGENCY FUND. Councilmember Peterson expressed his support for the funding request. However, since he is a Chamber Board Member, he would abstain from the vote. MOTION CARRIED (5-0-1), COUNCILMEMBER PETERSON ABSTAINED. 10. PRESENTATION OF WRITTEN PROPOSED BUDGET AMENDMENTS. Council President Bernheim explained tonight is the deadline for Councilmembers to introduce budget amendments. He suggested each Councilmember provide a summary of their amendments. The amendments will then be evaluated and debated at next week’s Council meeting. He advised there would be an opportunity for public comment on next week’s agenda prior to the Council’s vote on the budget. Councilmember Petso introduced the following amendments: 1. Pay hydrant maintenance from utility tax revenue and not from Fire District 1 proceeds in the Public Safety Reserve Fund. 2. Add $12,000 for Prosecutor expense. The Council approved a $12,000 increase for the Prosecutor. She suggested this expenditure be offset by reducing the repair and maintenance in the Information Services budget of $69,600 by $12,000. 3. Adjust Fund 125/126 and Public Safety Reserve Fund should the Council take action on the City Hall bonds. With regard to paying hydrant maintenance from utility tax revenue, Councilmember Peterson asked whether that was allowed under the Lane v. Seattle court case that required hydrant maintenance be paid via General Fund revenue. Mr. Hines answered an amount is typically transferred from the General Fund into the Utility Fund to pay that liability. Under the proposed amendment the Utility Fund would pay itself which he did not believe could be done. He offered to provide a more detailed response by next week’s Council meeting. Mayor Cooper observed if hydrant maintenance is paid directly from the utility, it is in conflict with Lane v. Seattle. It can be paid from the General Fund because the City taxes its utility and places the funds in the General Fund which is historically what the City has done to comply with Lane v. Seattle. Public Works Director Phil Williams agreed either of the sources was appropriate and satisfy the requirements of Lane v. Seattle. Mayor Cooper urged Councilmember Petso to work with Mr. Williams and Mr. Hines to utilize the appropriate fund numbers in her amendment to ensure it was clear the expenditure would not be from the Utility Fund. Packet Page 113 of 348 {BFP699586.DOC;1\00006.900020\ } Page 1 of 2 AGREEMENT FOR SPONSORSHIP BETWEEN THE CITY OF EDMONDS AND THE EDMONDS CHAMBER OF COMMERCE FOUNDATION This Agreement entered into this day of , 2011, is by and between the Edmonds Chamber of Commerce Foundation, a not-for-profit corporation organized under the laws of the State of Washington, (hereafter referred to as the “Chamber”), and the City of Edmonds, Washington, a municipal corporation, (hereafter referred to as the “City.”) WHEREAS, the Chamber is organizing, financing and putting on 4th of July celebrations in Edmonds, which is commonly referred to as “an Edmonds kind of 4th,” and to which the public is invited free of charge; and WHEREAS, said celebration will include a “5K Fun Run,” a parade (including one for children), live entertainment and display of fireworks at the City’s Civic Playfield; and WHEREAS, the Chamber requested a contribution from the City to assist in the financing of events for said celebration; and WHEREAS, the City finds that the 4th of July 2010 celebration put on by the Chamber, is truly a beneficial public service to the community that furthers public welfare and approved the requested funding during the November 30, 2010 Council Meeting; NOW, THEREFORE In consideration of mutual benefits, the parties declare and agree as follows: 1. The City, as a sponsor, shall contribute Five Thousand Dollars ($5,000) to the Chamber’s 4th of July celebration fund for the purpose of assisting the Chamber with the financing of this year’s 4th of July events as described in the WHEREAS clauses. 2. The Chamber shall provide the City with documentation verifying that the City’s contribution was spent for the purpose for which it was made as set forth above in the provision 1. Any portion of the City’s contribution that is not so spent shall be returned to the City. Upon reasonable notice by the City, the Chamber will permit the City to review records of the Chamber’s use of the City’s aforementioned contribution. 3. To the extent possible, the Chamber shall publicly acknowledge the City’s sponsorship and support of this year’s 4th of July celebrations organized by the Chamber. 4. In exchange of the City’s aforementioned sponsorship, the Chamber shall indemnify and hold the City and its agents, employees, officials and/or officers, harmless from, and shall process and defend at the Chamber’s own expense, any and all claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs (including but not limited to reasonable attorney’s fees), of whatsoever kind or nature, brought against the City arising out of, or in connection with, or incident to, the City’s sponsorship and contribution of funds to the Chamber’s 4th of July celebrations, including but not limited to the public display of fireworks at the City’s Civic Playfield, this year. The Chamber expressly agrees that the indemnification Packet Page 114 of 348 {BFP699586.DOC;1\00006.900020\ } Page 1 of 2 provided herein constitutes the waiver of immunity under Title 51 RCW, for the purposes of activities associated with this agreement. The provisions of this paragraph shall prevail over any other conflicting provision in this agreement; however they shall not apply to claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs resulting from the sole negligence of the City or from activities that are unrelated to this Agreement. This waiver has been mutually negotiated by the parties. 5. Nothing in this Agreement shall be interpreted to or in fact create an agency relationship between the parties, or rights by third parties. 6. This agreement contains the entire agreement and understanding between the parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. Any prior discussions or understandings are deemed merged with the provisions herein. This agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the parties hereto. Any action to interpret or enforce this agreement shall be brought before the Superior Court of Snohomish County, Washington, and the parties agree that, as between them, all matters shall be resolved in that venue. IN WITNESS WHEREOF, the parties have caused this agreement to be executed pursuant to proper authority as of the date first written above. CITY OF EDMONDS EDMONDS CHAMBER OF COMMERCE FOUNDATION By: By: Mayor Mike Cooper Executive Director ATTEST/AUTHENTICATED: By: Sandra S. Chase, City Clerk APPROVED AS TO FORM: By: W. Scott Snyder, City Attorney Packet Page 115 of 348 AM-3683   Item #: 2. E. City Council Meeting Date: 01/18/2011 Time:Consent   Submitted By:Phil Williams Department:Public Works Committee:Community/Development Services Type:Action Information Subject Title Interlocal Agreement with the City of Lynnwood to fund the Recycling Coordinator for 2011 and 2012. Recommendation from Mayor and Staff Authorize the Mayor to sign an Interlocal Agreement between Lynnwood and Edmonds to jointly fund the Recycling Coordinator position and implement their respective 2011 and 2012 Waste Prevention and Recycling Programs. Previous Council Action Since 1995, City Council and staff have agreed to pursue a cooperative agreement with the City of Lynnwood to share resources, which would ensure continuation of their respective waste prevention and recycling programs. The original draft interlocal agreement was produced and approved on March 28, 1995. The Council CS/DS committee reviewed this item on 1/11/11 and recommend it be placed on the Council's consent agenda for approval on 1/18/11. Narrative A provision of the agreement allowed extension of the agreement upon mutual consent of both cities. An updated interlocal agreement has been reviewed and approved by the City Attorney, with this agreement covering the upcoming two-year period of 2011 and 2012.   Lynnwood will provide 26 percent (26%) funding of the City of Edmonds Recycling Coordinator position. The cost for the Recycling Coordinator position is funded as follows:  2-Year Amount Funding Source  $ 42,300.                        Department of Ecology Grant   $ 49,400.                        City of Lynnwood  $ 95,130.                        Edmonds Utility Fund (including City match to Department of Ecology Grant - $14,100.) $186,830.00 Total Besides providing education on recycling and other solid waste issues, this position provides public education outreach for the protection of City streams and water courses as required under the Federal Clean Water Act and water conservation information. The Lynnwood City Council has sought authorization from the Mayor of Lynnwood to sign this agreement at an upcoming Council Meeting. Fiscal Impact Fiscal Year:2011 Revenue:$45,850 Expenditure:$93,415 Packet Page 116 of 348 Fiscal Impact: 2-Year Cost $ 42,300. Department of Ecology Grant  $ 49,400. City of Lynnwood  $ 95,130. Edmonds Utility Fund (including City match to Department of Ecology Grant - $14,100.) $186,830.00 Total  Attachments Recycling Coordinator ILA Form Review Inbox Reviewed By Date City Clerk Linda Hynd 01/13/2011 09:33 AM Mayor Mike Cooper 01/13/2011 01:14 PM Final Approval Sandy Chase 01/13/2011 01:16 PM Form Started By: Phil Williams Started On: 01/13/2011  Final Approval Date: 01/13/2011  Packet Page 117 of 348 330936.01|360099|0009|73c_01!.DOC (1/14/11) -1- AN INTERLOCAL AGREEMENT 1 BETWEEN THE CITY OF LYNNWOOD 2 AND THE CITY OF EDMONDS FOR 3 JOINT FUNDING OF A RECYCLING COORDINATOR 4 5 THIS AGREEMENT between the City of Lynnwood (“Lynnwood”) and the City of Edmonds 6 (“Edmonds”), each a municipal corporation under the laws of the State of Washington, is dated 7 this______ day of ____________ 2011. 8 9 WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local government units to 10 make the most efficient use of their powers by enabling them to cooperate with other localities 11 on the basis of mutual advantage; and 12 13 WHEREAS, Edmonds and Lynnwood each presently staff and operate a solid waste program 14 partially funded by a Department of Ecology grant; and 15 16 WHEREAS, the Department of Ecology has funds available to partially fund a continuation of 17 the program; and 18 19 WHEREAS both Edmonds and Lynnwood have partially funded their respective programs for 20 2011 and 2012, yet do not have full funding capability; and 21 22 WHEREAS, Edmonds and Lynnwood have concluded that it would be in their best interests for 23 Edmonds and Lynnwood to jointly fund their solid waste efforts as provided herein. 24 25 NOW, THEREFORE, the parties agree as follows: 26 27 1. Edmonds employs Steve Fisher as Recycling Coordinator, and Lynnwood has approved 28 service provision to Mr. Fisher. Should the position of Recycling Coordinator become 29 vacant during the term of this Agreement, Edmonds shall employ a Recycling coordinator 30 with appropriate qualifications. The selection of the replacement Recycling Coordinator 31 shall be subject to the approval of Lynnwood, which shall not be unreasonably withheld. 32 33 2. The Recycling Coordinator shall provide Edmonds and Lynnwood with a recycling program 34 during 2011 and 2012 to provide for the activities and services described in exhibit A, which 35 is incorporated herein by reference. 36 37 3. The Edmonds Recycling Coordinator will document actual activities and contacts in meeting 38 the Lynnwood recycling program, and will provide verification of time spent on Lynnwood 39 activities. 40 41 4. For services provided by the Recycling Coordinator, Lynnwood will reimburse Edmonds an 42 amount not to exceed $31,500.00 in the year 2011 and $31,500.00 in 2012. Reimbursement 43 shall be paid quarterly at a rate of $46.50 per hour in the year 2011 and $46.50 in the year 44 2012, plus Lynnwood’s fair share of direct charges of labor, benefits, and material costs, 45 without the inclusion of overhead or general administrative charges, incurred in 46 administering the Lynnwood recycling program. Edmonds shall notify Lynnwood when 47 Packet Page 118 of 348 330936.01|360099|0009|73c_01!.DOC (1/14/11) -2- Edmonds has been reimbursed $20,000.00 in either year at which time the parties shall meet 1 to determine whether to amend the agreement to provide for further work and compensation. 2 3 5. The term of this agreement shall be effective as of January 1, 2011 and will expire December 4 31, 2012. This agreement may be extended by mutual agreement of both parties and upon 5 specific approval of the respective recycling programs for future budget years. 6 7 6. This agreement may be terminated by either party upon sixty (60) days notice. 8 Reconciliation of costs, payment, transfer of developed materials, and a current report of 9 completed activities will be completed within the sixty (60) day period following notice by 10 either party. 11 12 7. Lynnwood agrees to indemnify and hold harmless the City of Edmonds from any claims 13 arising as a result of the administration of Lynnwood’s program under this agreement, and 14 Lynnwood and Edmonds agree to bear respective liability for any acts or omissions resulting 15 from this agreement as the same shall be determined under the laws of the State of 16 Washington or a mutually approved settlement agreement. 17 18 8. This agreement incorporates all the understanding between Edmonds and Lynnwood and 19 may only be modified in a writing signed by the parties hereto. It shall be filed with the 20 Department of Ecology and the Snohomish County Auditor as required by law. 21 22 9. In addition to the provisions previously stated regarding duration, organization and purpose, 23 the following provisions are included pursuant to the requirements of RCW 39.34.030. 24 25 9.1 No joint or cooperative undertaking is required by this agreement. 26 Therefore, no provision is made for the financing of any joint or cooperative 27 undertaking. 28 29 9.2 No joint property ownership is contemplated under the terms of this 30 provision. To the extent title to the right of way exists, it shall remain in the 31 ownership of the party which acquires it. In the event, at the termination of this 32 agreement, any personal property is jointly owned by the parties, either party 33 may purchase the interest of the other, with the other party’s permission, at fair 34 market value, as such value is determined by the parties. In the event that neither 35 party wishes to retain jointly obtained property, it shall be surplussed and the 36 proceeds divided pro-rata based upon the party’s initial contribution to the 37 purchase of such property. If both parties seek ownership of the property, value 38 shall be determined as herein provided and the right of the parties to purchase 39 the property or properties determined by the drawing of lots. 40 41 9.3 Because no joint or cooperative undertaking is contemplated by this 42 agreement, no provision has been made for an administrator or joint board. 43 44 9.4 This agreement shall be effective when listed by subject on the City of 45 Edmonds’ web site, Lynnwood’s web site or another electronically retrievable 46 public source, whichever shall first occur. 47 48 Packet Page 119 of 348 330936.01|360099|0009|73c_01!.DOC (1/14/11) -3- 1 2 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of this 3 _____ day of ________________, 2011. 4 5 CITY OF LYNNWOOD CITY OF EDMONDS 6 7 8 ___________________________ ___________________________ 9 Don Gough, Mayor Mike Cooper, Mayor 10 11 ATTEST ATTEST 12 13 14 ___________________________ ___________________________ 15 Pat Dugan, Finance Director Sandra Chase, City Clerk 16 17 APPROVED AS TO FORM APPROVED AS TO FORM 18 19 20 ___________________________ ___________________________ 21 Rosemary Larson, City Attorney W. Scott Snyder, City Attorney 22 23 Packet Page 120 of 348 330936.01|360099|0009|73c_01!.DOC (1/14/11) -4- EXHIBIT A 1 2 3 Waste Reduction and Recycling Programs 4 Cities of Edmonds and Lynnwood 5 6 7 CONTINUED PUBLIC EDUCATIONAL MESSAGES & OUTREACH: 8 Messages on public access cable channels. 9 Newsletter articles. 10 Program information section for city Internet web sites. 11 Presentations and assistance to schools and businesses. 12 Educational outreach at local events. 13 Maintain Recycle Cart (Edmonds) and Recycle/Compost information racks (Lynnwood). 14 Distribution of brochures and flyers, and creation of educational displays. 15 Publicity, coordination and assistance with local scout troops with Christmas tree recycling. 16 17 ASSISTANCE to MULTI-FAMILY PROPERTIES with RECYCLING EFFORTS: 18 Continues to supply information and assistance to managers and tenants. 19 Expansion of available recycling to non-participating properties. 20 Contamination issues, illegal dumping, Christmas tree collection, multi-lingual information. 21 22 EXPANSION & MAINTENANCE of SINGLE-FAMILY RECYCLING PROGRAMS: 23 Cooperation with the municipal waste collection companies in identifying non-customers for use in a campaign to 24 increase single family participation. 25 Publicity, information and management for special recycling collection and clean-up events (Lynnwood). 26 27 ASSISTANCE to the COMMERCIAL SECTOR with WASTE PREVENTION & RECYCLING EFFORTS 28 and SOLID WASTE ISSUES & MANAGEMENT: 29 Contacts, site visits, waste assessments to retail/office/manufacturers/schools/institutions. 30 Presentations of options and opportunities for businesses such as construction and demolition debris recycling, 31 material exchanges and reuse opportunities, and issues affecting water quality. 32 Continuation of promotion outreach and maintenance of the Compost Collection Project – involving collecting 33 organics from restaurants and other food service businesses. 34 Small Quantity Generator educational outreach (special & hazardous wastes). 35 36 CONTINUED CITY IN-HOUSE WASTE PREVENTION & RECYCLING PROGRAM: 37 Keep employees updated on recycling information and opportunities. 38 Expand and evaluate recycling, reuse, and solid waste generation and disposal. 39 Coordinate proper recycling of unwanted electronics. 40 41 ADMINISTRATIVE DUTIES: 42 Grant administration: Quarterly and final reports for Department of Ecology. 43 Program evaluation and ordinance research and writing. 44 Planning stages for proposed new and remodeled commercial and multi-family properties to help site enclosures and 45 containers for garbage and recycling. 46 Continued liaison with the municipal solid waste collection companies. 47 48 CONTINUED LIAISON with COUNTY SOLID WASTE DEPARTMENT: 49 Meetings and assistance with County programs: 50 -Household Hazardous Waste Drop-Off Station. 51 -County solid waste and recycling facilities. 52 -Used oil, oil filters, and antifreeze collection sites. 53 -“Take It Back” Network for proper electronics recycling. 54 Representative on Solid Waste Advisory Committee (SWAC) (Edmonds) 55 56 Packet Page 121 of 348 AM-3676   Item #: 2. F. City Council Meeting Date: 01/18/2011 Time:Consent   Submitted For:Jerry Shuster Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Amendment to the Interlocal Agreement with the Lake Ballinger/McAleer Creek Watershed Forum. Recommendation from Mayor and Staff Approve amendment to the Interlocal Agreement. Previous Council Action On September 7, 2010, Council approved an Interlocal Agreement and appointed a City representative to the Lake Ballinger/McAleer Creek Watershed Forum (Councilmember Wilson). It also authorized up to $2,400 towards the administrative costs of operating the Forum over the life of the agreement (through December 31, 2011). On January 11, 2011, the CS/DS Committee reviewed this item and recommended it be placed on the consent agenda for the January 18, 2011 Council meeting without a recommendation from the committee to approve it.    Narrative Due to the unresolved flooding and water quality issues with Lake Ballinger and McAleer Creek, the cities of Edmonds, Mountlake Terrace and Lake Forest Park, have joined together in the Lake Ballinger/McAleer Creek Watershed Forum (Forum). This watershed Forum was created in the public’s best interest to create an area-wide body to develop a strategic action plan to address the water resource issues.  The original Interlocal Agreement (ILA) was signed in the summer of 2008 with the primary intent of completing a strategic action plan for the basin with funding provided by the grant received from the Department of Ecology. This ILA had an expiration date of June 30, 2010. The Strategic Action Plan was completed in the summer of 2009. On August 17, 2009, City Council approved a resolution adopting this Strategic Action Plan from the Forum. A second ILA replaced the original one that expired on June 30, 2010 and has the primary task of implementing the adopted capital projects. This amendment to the second ILA seeks to employ a Federal Government Relations Service Provider for calendar year 2011 to provide federal government relations services for the Forum in order to increase its visibility with its congressional delegation and compete for federal funding for needed capital improvement projects. The Forum has selected the Johnston Group as the Federal Government Relations Service Provider. The Johnston Group’s service to the forum includes lobbying members of Congress for appropriations to fund the needed capital improvement projects in the watershed and to monitor the progress of the requests throughout the year. The $30,000 includes expenses connected to Forum related trips to Washington D.C., with the exceptions of airfare and lodging.  Packet Page 122 of 348 Fiscal Impact This ILA amendment commits the City of Edmonds to an additional $10,000 to pay for the Federal Government Relations Service Provider for calendar year 2011. This same amount will be paid for by each of the other two ILA signatories (Mountlake Terrace and Lake Forest Park). This brings the total Forum-related costs to date for 2011 to $12,400. The 2011 budget has $100,000 for “Lake Ballinger Associated Projects” in the stormwater utility capital project fund (412). Attachments Attachment 1-Current Interlocal Agreement Attachment 2-Proposed Amendment to the ILA Attachment 3-Forum Federal Relations Proposal from the Johnston Group Form Review Inbox Reviewed By Date Engineering Robert English 01/12/2011 04:45 PM Public Works Phil Williams 01/13/2011 07:28 AM City Clerk Linda Hynd 01/13/2011 09:33 AM Mayor Mike Cooper 01/13/2011 01:15 PM Final Approval Sandy Chase 01/13/2011 01:16 PM Form Started By: Megan Cruz Started On: 01/12/2011  Final Approval Date: 01/13/2011  Packet Page 123 of 348 Interlocal Agreement Page 1 INTERLOCAL AGREEMENT For the Governmental Jurisdictions within the Lake Ballinger/McAleer Creek Watershed Including the Cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace, Shoreline and Snohomish County PREAMBLE THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 RCW by and among Snohomish County, a political subdivision of the state of Washington, and the cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace, and Shoreline, all municipal corporations of the state of Washington. The parties executing this Agreement are located in King and Snohomish Counties, lying wholly or partially within the Watershed Area defined in Section 1.1 below (individually for those executing this Agreement “Member Jurisdiction” and collectively “Member Jurisdictions”). The Member Jurisdictions share interests in and responsibility for addressing long-term watershed planning and conservation and wish to provide for development of various activities and projects therein. MUTUAL COVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 WATERSHED AREA: The Watershed Area is defined as those waters draining to Lake Washington through surface and subsurface natural or constructed water conveyance systems consisting of Hall Lake, Hall Creek, Chase Lake, Echo Lake, Lake Ballinger, McAleer Creek and all other known surface and subsurface tributary drainages along with the associated pipe conveyance systems connected to existing surface conveyance as further delineated on the watershed map attached as Exhibit A and collectively known as the Lake Ballinger/McAleer Creek Watershed. Additional tributary drainage areas identified in the future that are not currently listed on Exhibit A may be added to the Exhibit A by amendment of this Agreement. 1.2 ELIGIBLE JURISDICTIONS: The governments eligible for participation in this Agreement as Member Jurisdictions are Snohomish County, and the Cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace and Shoreline. 1.3 MEMBER JURISDICTION: A Member Jurisdiction as referred to herein is a government eligible for participation in this Agreement that has also executed this Agreement. 1.4 LAKE BALLINGER/McALEER CREEK WATERSHED FORUM: The Lake Ballinger/ McAleer Creek Watershed Forum (hereinafter referred to as the Forum) created herein is the governing body responsible for implementing this Agreement and is comprised of Packet Page 124 of 348 Interlocal Agreement Page 2 designated representatives of Eligible Jurisdictions who have authorized the execution of and become Member Juisdictions of this Agreement. 1.5 STRATEGIC ACTION PLAN: The Strategic Action Plan, as referred to herein, is the plan developed by the Forum and adopted by all Member Jurisdictions to address water resource issues within the Watershed Area as provided in this Agreement. The plan identifies specific actions and projects to address the identified water resource issues and is attached as Exhibit B. 1.6 CAPITAL IMPROVEMENT PLAN: The Capital Improvement Plan, as referred to herein, is the set of projects developed in the Strategic Action Plan to address the identified water resource issues. The Capital Improvement Plan lists specific projects, estimated costs, proposed funding mechanisms and project lead agency and is attached as Exhibit C. 1.7 FISCAL AGENT: The Fiscal Agent is the entity designated to perform all accounting and contract management services for the Forum, as it may require, in accordance with the requirements of Chapter 39.34 RCW. 1.8 SERVICE PROVIDER(S): The Service Provider(s), as used herein, means that individual consultant or other entity which provides a service to and for the Forum and who is directed to carry out actions as determined or assigned by the Forum, including but not limited to, preparation of meeting agendas and minutes, maintaining documents and records, researching federal and state appropriation opportunities, and researching and applying for local, state and federal grants in support of the Strategic Action Plan and the Capital Improvement Plan. 1.8.1 Service Provider Operating Fund: The Service Provider Operating Fund is the fund established for activities of the Service Provider(s) in the implementation of the Strategic Action Plan and the Capital Improvement Plan. The fund budget is set each year by action of the Forum and authorized by budget allocation from each Member Jurisdiction. 1.9 STEERING COMMITTEE and PROJECT SUBCOMMITTEES: The Steering Committee is composed of executive level staff members of each Member Jurisdiction who will provide specific guidance to technical level staff on the Project Subcommittees for each of the projects identified in the Capital Improvement Plan based on policy direction from the Forum. 2. PURPOSES. The purposes of this Agreement include the following: 2.1 To provide a mechanism and governance structure for the implementation of the Strategic Action Plan and to share the cost of Service Provider(s) to coordinate and Packet Page 125 of 348 Interlocal Agreement Page 3 provide the services necessary for the successful implementation of the Strategic Action Plan and the Capital Improvement Plan. 2.2 To provide a mechanism for securing technical assistance and any available funding from state agencies, federal agencies or other sources to implement the Strategic Action Plan and the Capital Improvement Plan in support of the Strategic Action Plan. 2.3 To provide a framework for cooperation and coordination among the member jurisdictions on issues relating to the implementation of the Strategic Action Plan and the Capital Improvement Plan. 2.4 To develop and articulate to state and federal legislators, watershed based positions on stormwater management issues, conservation issues, funding or any other issues jointly identified by the Member Jurisdictions. 2.5 To provide for the ongoing participation of citizens and other stakeholders in such efforts and to ensure continued public outreach efforts to educate and garner support for current and future watershed conservation efforts. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any individual Member Jurisdiction or water quality policy body. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by Eligible Jurisdictions, as authorized by each jurisdiction’s legislative body, and further provided that after such execution, this Agreement shall be posted on the web site of each Member Jurisdiction in accordance with the terms of RCW 39.34.040 and .200. Once effective, this Agreement shall remain in effect, unless terminated as provided in Section 9, until December 31, 2011; provided, however, that this Agreement may be extended for such additional terms as the Member Jurisdictions may agree to in writing. 4. ORGANIZATION AND NATURE OF THE FORUM. The Member Jurisdictions hereby establish the Forum to serve as the formal governance structure for carrying out the purposes of this Agreement. Each Member Jurisdiction shall appoint one (1) elected official or designee and an alternate (elected official or designee and alternate hereinafter referred to as designee) to serve as its representative on the Forum along with a Steering Committee representative to carry out the policy direction of the Forum. 4.1 Upon the effective execution of this Agreement and the appointment of designees from each Member Jurisdiction to the Forum, the Forum designees shall meet and choose, according to the voting provisions of Section 5, representatives to serve as Forum Chair and Vice Chair to oversee and direct the activities associated with Forum meetings including the development of the agendas, running the meeting and providing leadership to the Forum. Packet Page 126 of 348 Interlocal Agreement Page 4 4.2 The Forum shall have the authority and mandate to do the following: 4.2.1 Review and evaluate at least annually the duties to be assigned to the Steering Committee to this Agreement and provide for whatever actions it deems necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of this Agreement. 4.2.2 Review Steering Committee progress on implementation of the Strategic Action Plan and the Capital Improvement Plan on a quarterly basis and provide for whatever actions it deems appropriate to ensure that such development is efficiently, effectively and responsibly delivered in the performance of this Agreement. 4.2.3 On or before September 1 of each year, establish and approve a Service Provider Operating Fund budget for the following calendar year for the activities of the Service Provider(s), proposing the level of funding and total resource obligations of the Member Jurisdictions to support the activities of the Service Provider(s) which are to be allocated in accordance with the formula set forth in Exhibit D. 4.2.4 Review and evaluate at least annually the duties to be assigned to the Service Provider(s) to this Agreement and provide for whatever actions it deems necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of this Agreement. 4.2.5 Oversee and administer the allocation of resources available to the Forum to implement the Strategic Action Plan and the Capital Improvement Plan in support of the Strategic Action Plan. 4.3 The Forum designees may adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation according to the voting provisions of Section 5. 5. VOTING. The Forum designees shall make decisions, approve goals and objectives, specify work priorities and perform any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 No action or binding decision will be taken by the Forum without the presence of a quorum of active Member Jurisdiction designees. A quorum exists if a majority of the Member Jurisdiction designees are present at the Forum meeting. The voting procedures provided for in 5.2 and 5.3 are conditioned upon there being a quorum of the active Member Jurisdiction designees present for any action or decision to be effective and binding. Packet Page 127 of 348 Interlocal Agreement Page 5 5.2 Decisions shall be made using a consensus model as much as possible. Each designee agrees to use their best effort and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the Member Jurisdiction designees at the meeting or by a majority recommendation agreed upon by the Member Jurisdiction designees. 5.3 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the Forum, the Forum shall take action on a majority basis, as follows: 5.3.1 Each Member Jurisdiction, through its appointed designee, may cast its vote in connection with a proposed Forum action. 5.3.2 For any action subject to voting to be deemed approved, an affirmative vote must be cast by a majority of the Member Jurisdiction designees. No action shall be valid and binding on the Member Jurisdiction until it shall receive majority of votes of the total number of Member Jurisdiction designees. A vote of abstention shall be recorded as a “no” vote. 6. OBLIGATIONS OF MEMBER JURISDICTIONS; BUDGET; FISCAL AGENT; RULES. 6.1 Each Member Jurisdiction shall be responsible for meeting its financial obligations hereunder as described in Section 2.1 and established by the operating fund adopted by the Forum under this Agreement and described in Section 4.2.3. 6.2 On or before September 1 of each year of this Agreement, the Forum shall adopt a Service Provider budget for the following calendar year. The Service Provider budget shall propose the level of funding responsibilities of the individual Member Jurisdictions for the following calendar year and shall propose the levels of funding to be allocated to the Service Provider budget for implementation activities related to the Strategic Action Plan and the Capital Improvement Plan within the Watershed Area. The Member Jurisdictions shall thereafter take separate legislative or other actions that may be necessary to timely address such individual responsibilities under the proposed operating fund, and shall have done so no later than December 31st of each such year, provided that the financial obligations of each Member Jurisdiction to fund this Agreement after December 31, 2010 are contingent upon local legislative appropriation of necessary funds in future fiscal years; and provided that financial obligations imposed herein shall not be for the purpose of funding the design or construction of specific Capital Improvement Plan projects. 6.3 Funds collected from any source on behalf of the Forum shall be maintained in a special fund by the Fiscal Agent as ex officio treasurer on behalf of the Forum pursuant to rules and procedures established and agreed to by the Forum. The Fiscal Agent shall also serve as the contractual agent for the Member Jurisdictions in acquiring any services Packet Page 128 of 348 Interlocal Agreement Page 6 needed, including those provided by the Service Provider(s), in the implementation of the Strategic Action Plan and the Capital Improvement Plan as directed by the Forum. The Fiscal Agent shall establish billing practices and collection procedures in the format established by the Washington State Auditor, and utilize its established purchasing authority and procedures, and any other procedures as may be necessary to provide for its efficient administration and operation. Any Member Jurisdiction may inspect and review all records maintained in connection with the special fund maintained by the Fiscal Agent at any reasonable time. 6.4 The Fiscal Agent, in the performance of its duties, shall not exceed the budgeted amounts authorized by the Forum and/or the total funds as appropriated by the individual Member Jurisdictions. 7. LATECOMERS. An Eligible Jurisdiction listed in Section 1.2 which has not become a Member Jurisdiction within six (6) months of the effective date of this Agreement may become a Member Jurisdiction only with the written consent of all the Member Jurisdiction. The provisions of Section 5 otherwise governing decisions of the Forum shall not apply to this Section 7. The Member Jurisdictions and the county or city seeking to become a Member Jurisdiction shall jointly determine the terms and conditions under which the county or city may become a Member Jurisdiction. These terms and conditions shall include payment by such county or city to the Member Jurisdictions of the amount determined jointly by the Member Jurisdictions and the county or city to represent such county or city's fair and proportionate share of all costs associated with activities undertaken by the Forum and the Member Jurisdictions on its behalf as of the date the county or city becomes a Member Jurisdiction. Any county or city that becomes a Member Jurisdiction pursuant to this section shall thereby assume the general rights and responsibilities of all other Member Jurisdictions. 8. TERMINATION. This Agreement may be terminated by any Member Jurisdiction, as to that Member Jurisdiction only, upon sixty (60) days written notice to the other Member Jurisdictions. The terminating Member Jurisdiction shall remain fully responsible for meeting all of its funding obligations for expenditures authorized by the jurisdiction, but only for costs incurred prior to the date of the notice. This Agreement may be terminated at any time by the written agreement of all Member Jurisdictions. 9. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the limited purposes set forth in this Agreement, each Member Jurisdiction shall protect, defend, hold harmless and indemnify the other Member Jurisdictions to include the officers, employees, agents and contractors of the Member Jurisdiction, while acting within the scope of their Packet Page 129 of 348 Interlocal Agreement Page 7 employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Member Jurisdiction’s own negligent acts or omissions, torts and wrongful or illegal acts related to such Member Jurisdiction’s participation and obligations under this Agreement. Each Member Jurisdiction agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Member Jurisdiction, by mutual negotiation, hereby waives, with respect to the other Member Jurisdictions only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of this subsection shall survive and continue to be applicable to Member Jurisdictions exercising the right of termination pursuant to Section 9. 10. NO ASSUMPTION OF LIABILITY. In no event do the Member Jurisdictions intend to assume any responsibility, risk or liability of any other Member Jurisdiction or otherwise with regard to any Member Jurisdiction’s duties or any act, statute or regulation of any local municipality or government, the State of Washington or the United States. 11. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and agreed that, in entering into this Agreement, no Member Jurisdiction is committing to adopt or implement any actions or recommendations that may be contained in the Strategic Action Plan and the Capital Improvement Plan pursuant to this Agreement. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Member Jurisdiction from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Member Jurisdiction that is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation NMFS, USFWS, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the Forum or any of the Member Jurisdictions, or their officers, elected officials, agents and employees, to any third party. Packet Page 130 of 348 Interlocal Agreement Page 8 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Member Jurisdictions, represented by affirmative action by their legislative bodies. 16. COUNTERPARTS. This Agreement may be executed in counterparts. 17. APPROVAL BY MEMBER JURISDICTION’S GOVERNING BODIES. The governing body of each Member Jurisdiction must approve this Agreement before any representative of such Member Jurisdiction may execute this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be posted on the web site of each Member Jurisdiction in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ATTORNEY FEES. In the event a Member Jurisdiction brings suit to enforce this Agreement, or for breach of this Agreement, the prevailing Member Jurisdiction shall be entitled to its costs, expenses, and attorney fees for bringing or defending the action. IN WITNESS WHEREOF, the Member Jurisdictions hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF EDMONDS By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: CITY OF LAKE FOREST PARK By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Packet Page 131 of 348 Interlocal Agreement Page 9 Approved as to form: CITY OF LYNNWOOD By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: CITY OF MOUNTLAKE TERRACE By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: CITY OF SHORELINE By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: SNOHOMISH COUNTY By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Packet Page 132 of 348 Packet Page 133 of 348 Exhibit B Lake Ballinger/McAleer Creek Watershed Study Strategic Action Plan Packet Page 134 of 348 Packet Page 135 of 348 Exhibit C Capital Improvement Plan Packet Page 136 of 348 La k e B a l l i n g e r / M c A l e e r C r e e k W a t e r s h e d F o r u m C a p i t a l I m p r o v e m e n t P l a n - E x h i b i t C Pr i o r i t y De s c r i p t i o n Go a l Issues Projected Outcome Wa t e r s h e d Is s u e A Wa t e r s h e d Is s u e B Wa t e r s h e d Is s u e C Wa t e r s h e d Is s u e D Pr o j e c t e d P l a n n i n g Le v e l C o s t Po t e n t i a l Fu n d i n g O p t i o n s 3 Pr o j e c t L e a d Ag e n c y 4 1 2 o t h e r (2 0 0 9 d o l l a r s ) Fo r u m P r o j e c t Mo d e l t h e M c A l e e r C r e e k f l o o d pl a i n i n L a k e F o r e s t P a r k a n d Sh o r e l i n e t o u p d a t e F E M A fl o o d p l a i n m a p p i n g in f o r m a t i o n A1 Ac c u r a t e l y m o d e l f l o w a n d d e t e r m i n e f l o o d p l a i n el e v a t i o n s f o r M c A l e e r C r e e k f r o m L a k e B a l l i n g e r t o La k e W a s h i n g t o n - d e v e l o p m o d e l i n g a n d f l o o d pl a i n m a n a g e m e n t g u i d e l i n e s t o a s s i s t t h e C i t i e s o f Sh o r e l i n e a n d L a k e F o r e s t P a r k w i t h f u t u r e de v e l o p m e n t o r r e d e v e l o p m e n t a n d t o l e v e r a g e FE M A f u n d s f o r f l o o d p r o o f i n g p r o g r a m . Th i s po r t i o n o f t h e F E M A f l o o d p l a i n m a p p i n g p r o j e c t wi l l a s s u m e f l o w s f r o m L y o n C r e e k h a v e b e e n re d i r e c t e d o r m i n i m i z e d . X $7 5 0 , 0 0 0 t o $1 , 0 0 0 , 0 0 0 Gr a n t La k e F o r e s t Pa r k , Sh o r e l i n e X Re v i s e e x i s t i n g f l o o d p l a i n m a p s t o ac c u r a t e l y r e f l e c t e x i s t i n g c o n d i t i o n s a n d to d e v e l o p m o d e l i n g a n d f l o o d p l a i n ma n a g e m e n t g u i d e l i n e s Jo i n t p r o j e c t i n S h o r e l i n e a n d Lake Forest Park Give accurate guidance to cities with development and redevelopment in the affected flood plain Pr i v a t e P r o j e c t De v e l o p a n d i m p l e m e n t f l o o d pr o o f i n g p r o g r a m A2 L e v e r a g e F E M A f u n d s f o r f l o o d p r o o f i n g p r o g r a m X $2 , 0 0 0 , 0 0 0 t o $3 , 0 0 0 , 0 0 0 Gr a n t La k e F o r e s t Pa r k X De v e l o p f l o o d p r o o f i n g p r o g r a m t o p r e v e n t st r u c t u r e f l o o d i n g Pr i v a t e l y i n i t i a t e d f l o o d p r o o f i n g pr o g r a m w i t h p o s s i b l e C i t y assistanceDeveloping an effective flood proofing program Ly o n C r e e k B y p a s s / L y o n Cr e e k C h a n n e l M o d i f i c a t i o n s B Fo r u m t o p r o v i d e e n c o u r a g e m e n t t o L a k e F o r e s t Pa r k t o s e e k f u n d s t o e l i m i n a t e t h e L y o n C r e e k ov e r f l o w t o M c A l e e r C r e e k d u r i n g s t o r m e v e n t s X $3 , 1 0 0 , 0 0 0 L a k e F o r e s t P a r k La k e F o r e s t Pa r k X X Mi n i m i z e t h e i m p a c t o f L y o n C r e e k o n Mc A l e e r C r e e k d u r i n g s t o r m e v e n t s No f i n a n c i a l c o m m i t m e n t o n t h e part of upstream Forum jurisdictionsReduce overflow from Lyon Creek during storm events to minimize flooding at Sheridan Beach Mc A l e e r C r e e k B y p a s s I n t a k e Re t r o f i t C Re t r o f i t M c A l e e r C r e e k B y p a s s I n t a k e t o o p t i m i z e fa c i l i t y f u n c t i o n X $2 1 3 , 0 0 0 G r a n t La k e F o r e s t Pa r k X X Re d u c e t h e o c c u r r e n c e a n d s e v e r i t y o f fl o o d i n g i n t h e S h e r i d a n B e a c h Ne i g h b o r h o o d o f L a k e F o r e s t P a r k a l o n g Mc A l e e r C r e e k Pr o j e c t b e n e f i t s r e s i d e n t s i n Lake Forest Park only.Would remove 30 cfs from McAleer Creek through the Sheridan Beach Neighborhood during the 100-yr event Up g r a d e / R e p l a c e C u l v e r t s o n Mc A l e e r C r e e k D En h a n c e a n d r e p l a c e f o u r c u l v e r t s o n M c A l e e r Cr e e k i n L a k e F o r e s t P a r k X $ 1 , 0 0 0 , 0 0 0 G r a n t La k e F o r e s t Pa r k X X Re d u c e l o c a l i z e d f l o o d i n g i n L a k e F o r e s t Pa r k . Pr o j e c t b e n e f i t s r e s i d e n t s i n Lake Forest Park only.Up to 10 residences in Lake Forest Park would be protected from localized flooding. Mc A l e e r C r e e k F l o o d B e r m s E In s t a l l b e r m s o r o t h e r f l o o d p r o o f i n g a l o n g M c A l e e r Cr e e k i n L a k e F o r e s t P a r k X $ 8 3 0 , 0 0 0 G r a n t La k e F o r e s t Pa r k X Ke e p s t r u c t u r e s f r o m f l o o d i n g d u r i n g 1 0 0 ye a r e v e n t s Pe r m i t t i n g , w o r k o n p r i v a t e propertyMinimize flooding during 100 year events Ba s i n W i d e L I D R e t r o f i t s F Re t r o f i t e x i s t i n g c i t y p a r c e l s a n d r i g h t o f w a y w i t h Lo w I m p a c t D e v e l o p m e n t B M P ' s X X X X $5 , 0 0 0 , 0 0 0 t o $1 0 , 0 0 0 , 0 0 0 o v e r 20 y e a r s Ap p r o p r i a t i o n s o r gr a n t La k e F o r e s t Pa r k , Sh o r e l i n e X X R e d u c e f l o o d i n g a n d i m p r o v e w a t e r q u a l i t y L o n g t e r m - 2 0 y e a r p l a n Eliminate 100 year flooding events, improve on fecal, temperature and chemical issues in McAleer Creek Fo r u m P r o j e c t Mo d e l t h e H a l l C r e e k a n d L a k e Ba l l i n g e r f l o o d p l a i n i n Ed m o n d s a n d M o u n t l a k e Te r r a c e t o u p d a t e F E M A f l o o d pl a i n m a p p i n g i n f o r m a t i o n A1 Ac c u r a t e l y m o d e l f l o w a n d d e t e r m i n e f l o o d p l a i n el e v a t i o n s f o r H a l l C r e e k a n d L a k e B a l l i n g e r - de v e l o p m o d e l i n g a n d f l o o d p l a i n m a n a g e m e n t gu i d e l i n e s t o d e t e r m i n e t h e m o s t a d v a n t a g e o u s el e v a t i o n o f L a k e B a l l i n g e r w e i r X $7 5 0 , 0 0 0 t o $1 , 0 0 0 , 0 0 0 Gr a n t Mo u n t l a k e Te r r a c e , Ed m o n d s X Re v i s e e x i s t i n g f l o o d p l a i n m a p s t o ac c u r a t e l y r e f l e c t e x i s t i n g c o n d i t i o n s a n d to d e v e l o p m o d e l i n g a n d f l o o d p l a i n ma n a g e m e n t g u i d e l i n e s Jo i n t p r o j e c t i n M o u n t l a k e Terrace and Edmonds Give accurate guidance to cities with development and redevelopment in the affected flood plain while managing the level of Lake Ballinger and developing a flood proofing program Pr i v a t e P r o j e c t De v e l o p a n d i m p l e m e n t f l o o d pr o o f i n g p r o g r a m A2 L e v e r a g e F E M A f u n d s f o r f l o o d p r o o f i n g p r o g r a m X $1 , 0 0 0 , 0 0 0 t o $2 , 0 0 0 , 0 0 0 Gr a n t E d m o n d s X De v e l o p f l o o d p r o o f i n g p r o g r a m t o p r e v e n t st r u c t u r e f l o o d i n g Pr i v a t e l y i n i t i a t e d f l o o d p r o o f i n g pr o g r a m w i t h p o s s i b l e C i t y assistanceDeveloping an effective flood proofing program Mc A l e e r C r e e k W e i r Ac t i o n I B 2 In s t a l l n e w w e i r g a t e X X $2 5 , 0 0 0 Mo u n t l a k e Te r r a c e Mo u n t l a k e Te r r a c e N/ A N / A N / A R e s t o r e w e i r t o 1 9 9 5 m a i n t e n a n c e s t a t u s M L T m a i n t e n a n c e i s s u e Meet existing maintenance requirements Ac t i o n I I B1 Lo w e r w e i r s t r u c t u r e t o f i r s t N i l e c u l v e r t - 1. 5 f e e t lo w e r - i n s t a l l n e w w e i r f o u n d a t i o n a n d d r e d g e cr e e k c h a n n e l t o l a k e X $5 0 0 , 0 0 0 G r a n t Mo u n t l a k e Te r r a c e , Ed m o n d s X Ke e p l a k e l e v e l b e l o w 2 7 9 . 3 Wo u l d r e q u i r e r e a d j u d i c a t i o n o f th e S u p e r i o r C o u r t O r d e r regarding lake levelWould reduce by 59% the length of time that the lake would be above 279.3 Ac t i o n I I B1 Lo w e r w e i r s t r u c t u r e t o f i r s t N i l e c u l v e r t - 1. 5 f e e t lo w e r - i n s t a l l n e w w e i r f o u n d a t i o n a n d d r e d g e cr e e k c h a n n e l t o l a k e X $5 0 0 , 0 0 0 G r a n t Mo u n t l a k e Te r r a c e , Ed m o n d s X Ke e p l a k e l e v e l b e l o w 2 7 7 . 4 Wo u l d r e q u i r e r e a d j u d i c a t i o n o f th e S u p e r i o r C o u r t O r d e r regarding lake levelWould reduce by 74% the length of time the lake would be above 277.4 Ac t i o n I I I B2 Lo w e r w e i r s t r u c t u r e b y 3. 7 5 f e e t - i n s t a l l n e w w e i r fo u n d a t i o n a n d d r e d g e c r e e k c h a n n e l t o I - 5 X $1 , 0 0 0 , 0 0 0 G r a n t Mo u n t l a k e Te r r a c e , Ed m o n d s X Ke e p l a k e l e v e l b e l o w 2 7 9 . 3 Wo u l d r e q u i r e r e a d j u d i c a t i o n o f th e S u p e r i o r C o u r t O r d e r regarding lake levelWould reduce by 93% the length of time the lake would be above 279.3 Ac t i o n I I I B2 Lo w e r w e i r s t r u c t u r e b y 3. 7 5 f e e t - i n s t a l l n e w w e i r fo u n d a t i o n a n d d r e d g e c r e e k c h a n n e l t o I - 5 X $1 , 0 0 0 , 0 0 0 G r a n t Mo u n t l a k e Te r r a c e , Ed m o n d s X Ke e p l a k e l e v e l b e l o w 2 7 7 . 4 Wo u l d r e q u i r e r e a d j u d i c a t i o n o f th e S u p e r i o r C o u r t O r d e r regarding lake levelWould reduce by 99% the length of time the lake would be above 277.4 Ha l l C r e e k D e t e n t i o n C In s t a l l d e t e n t i o n o r i n f i l t r a t i o n s y s t e m u p s t r e a m o f La k e B a l l i n g e r X $1 2 , 0 0 0 , 0 0 0 n o t in c l u d i n g l a n d ac q u i s i t i o n Gr a n t , ap p r o p r i a t i o n s , ci t y C I P f u n d s Mo u n t l a k e Te r r a c e X Ke e p l a k e l e v e l b e l o w 2 7 9 . 3 La r g e s i t e f o o t p r i n t o f 2 . 7 a c r e s - co s t o f l a n d a c q u i s i t i o n n o t includedWould reduce by 64% the length of time the lake would be above 279.3 Ba s i n W i d e L I D R e t r o f i t s D Re t r o f i t e x i s t i n g c i t y p a r c e l s a n d r i g h t o f w a y w i t h Lo w I m p a c t D e v e l o p m e n t B M P ' s X X X X $5 , 0 0 0 , 0 0 0 t o $1 0 , 0 0 0 , 0 0 0 o v e r 20 y e a r s Gr a n t , ap p r o p r i a t i o n s , ci t y C I P f u n d s Ea c h c i t y i n up p e r b a s i n X X Re d u c e f l o o d i n g a n d i m p r o v e w a t e r q u a l i t y L o n g t e r m - 2 0 y e a r p l a n Eliminate 100 year flooding events, meet Lake Ballinger TMDL limits and improve on fecal, temperature and chemical issues in McAleer Creek 1 Se r v i c e l e v e l s a r e l i s t e d i n S e c t i o n 3 o f t h e S t r a t e g i c A c t i o n P l a n , p a g e 1 5 - 2 0 2 W e i r g a t e r e p l a c e m e n t i s c o n t i n g e n t o n d e c i s i o n s m a d e a b o u t t h e u l t i m a t e l e v e l o f t h e l a k e 3 F u t u r e g o v e r n a n c e a g r e e m e n t w i l l i n c o r p o r a t e a n d i d e n t i f y p o t e n t i a l f u n d i n g s o u r c e s 4 A m e m b e r a g e n c y r e p r e s e n t i n g t h e i n t e r e s t s o f t h e L a k e B a l l i n g e r / M c A l e e r C r e e k F o r u m Mc A l e e r C r e e k Pr o j e c t I n f o r m a t i o n P h a s e I I Se r v i c e C r i t e r i a 1 P h a s e I I P h a s e I Ac t i o n o r P r o j e c t Lo w e r M c A l e e r C r e e k La k e B a l l i n g e r / H a l l Cr e e k Up p e r M c A l e e r C r e e k / L a k e B a l l i n g e r / H a l l C r e e k P h a s e I Pa c k e t Pa g e 13 7 of 34 8 Exhibit D Operating Fund Allocations Packet Page 138 of 348 Lake Ballinger/McAleer Creek Forum Administrative Support Service Provider Needs Listing Duties Hours/Month Year 1. Attend and take notes at monthly Forum Meeting 2.5 30 2. Arrange for room reservations, provide materials for meetings 2.5 30 3. Compile and produce minutes from the Forum meetings 5 60 4. Generate draft agenda for the Forum Meeting - 1.5 18 coordinate with the chair and co-chair on meeting agenda 5. Coordinate e-mail contacts through the Forum distribution list 0.5 6 6. Assists with cities web site maintenance 3 36 7. Maintains documents record for Forum activities 3 36 8. Prepares News Releases on Forum updates 2 24 Total 20 240 Additional Duties may be added as needs develop Provider Support through the City of Mountlake Terrace Administrative Support for 2011 $7,200 This listing assumes services are provided at $30.00 per hour and that 20 hours a month are allocated for a total of 240 hours for the 2011 calendar year. Packet Page 139 of 348 Packet Page 140 of 348 AMENDMENT #1 AGREEMENT TO AMEND INTERLOCAL AGREEMENT For the Governmental Jurisdictions within the Lake Ballinger/McAleer Creek Watershed Including the Cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace, Shoreline and Snohomish County DATED ___ ____, _ ___ I. Parties This Amendment (“Amendment #1”) to the Interlocal Agreement (“Agreement”) is entered into by and between City of Mountlake Terrace, City of Edmonds, City of Lake Forest Park, all Washington municipal corporations, and collectively known as “Member Jurisdictions” in that certain Agreement dated ___________,_____ that provides for development of various activities and projects within the Lake Ballinger/McAleer Creek Watershed. II. Recitals 1. The Member Jurisdictions entered into that certain Agreement dated the _______, day of _____. 2. The Member Jurisdictions desire to amend the Agreement. 3. The Member Jurisdictions pursuant to paragraph 15 AMENDMENTS of the Agreement agree to amend paragraph 4 ORGANIZATION AND NATURE OF THE FORUM. NOW THEREFORE, the Member Jurisdictions, in consideration of their mutual promises and respective benefits, hereby agree as follows: III. Amendment(s) Section 4.2.3 of the Agreement is hereby amended to read as follows: On or before September 1 of each year, establish and approve a Service Provider Operating Fund budget for the following calendar year for the activities of the Service Provider(s), proposing the level of funding and total resource obligations of the Member Jurisdictions to support the activities of the Service Provider(s) which are to be allocated in accordance with the formula set forth in Exhibit D. Provided further the Member Jurisdictions agree to retain and employ a Federal Government Relations Service Provider, Johnston Group, for calendar year 2011 to provide federal government relations services for the Forum in order to increase its visibility with its congressional delegation and compete for federal funding. The Johnston Group shall provide services consistent with Exhibit(s) ____, which is/are(?) attached hereto and incorporated by references as though fully set forth. The Member Jurisdictions shall share equally the cost of the Federal Government Relations Service Provider, Johnston Group. The total cost thereof shall not exceed $30,000 for the 2011 calendar year, and shall constitute an additional amount to the Service Provider Operating Fund budget as authorized by the Forum . The City of Mountlake Terrace as the Fiscal Agent shall administer the funds in accordance with paragraph 6 OBLIGATIONS OF MEMBER JURSIDICTIONS; BUDGET; FISCAL AGENT; RULES. IV. Effect of Amendment Except as specifically amended hereby, the Agreement shall remain in full force and effect in accordance with its original terms, covenants and provisions. All references to the Agreement shall be deemed to mean the Agreement as modified hereby. This Amendment #1 shall not constitute a novation of the Agreement, but shall constitute an amendment thereof. The Member Jurisdictions hereto agree to be bound by the terms and conditions of the Agreement, as amended by this Amendment #1 as though such terms and conditions were set forth therein. Packet Page 141 of 348 IN WITNESS WHEREOF, the Member Jurisdictions hereto have executed this Amendment #1 on the dates indicated below: Approved as to form: CITY OF EDMONDS By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: CITY OF LAKE FOREST PARK By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: CITY OF MOUNTLAKE TERRACE By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Packet Page 142 of 348 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com November 5, 2010 Mr. John Caulfield City Manager, City of Mountlake Terrace For the Lake Ballinger/McAleer Creek Watershed Forum P.O. Box 72 Mountlake Terrace, WA 98043-0072 Dear Mr. Caulfield: Thank you for the opportunity to present the qualifications of the Johnston Group to provide federal government relations services to the Lake Ballinger/McAleer Creek Watershed Forum in 2011. I am pleased to present the credentials of my firm and welcome the chance to discuss them with the Forum in person. I formed the Johnston Group to provide exceptional and affordable federal government relations representation to public entities in the Northwest. As a local firm with deep ties to the Washington State congressional delegation, we take on a limited number of clients each year to be able to focus on building long-term partnerships between our clients and the federal government that result in funding municipal infrastructure and community priorities. The Johnston Group will provide the counsel and functions necessary for the Forum to increase its visibility with its congressional delegation and compete for federal funding. This proposal outlines a very targeted scope of work to accomplish three primary goals: • Obtain federal funding to update the FEMA flood plain mapping for the Lower McAleer Creek (Lake Forest Park and Shoreline) and the Upper McAleer Creek, including Lake Ballinger and Hall Creek (Mountlake Terrace and Edmonds); • Create a multiple year federal funding strategy for the Forum that considers multiple projects, tactics and funding opportunities that begin in 2011, and; • Build strong relationships between the Lake Ballinger/McAleer Creek Watershed Forum and its congressional delegation to establish a foundation for future activities with Congress. I am excited at the prospect of partnering with the Lake Ballinger/McAleer Creek Watershed Forum to establish a strong federal relations program. I welcome any questions you may have about my experience, credentials, past results or approach for this project and look forward to partnering with you this year. Sincerely, Jake Johnston Packet Page 143 of 348 Page 2 of 10 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com I. Situation Assessment The Lake Ballinger/McAleer Creek Watershed Forum enters 2011 seeking to deepen and augment its relationship with its congressional delegation to develop a federal funding partner for its critical infrastructure needs. The Forum has done a good job building an initial relationship with Congressman Inslee and needs to deepen its relationship with the other delegation offices. Since its formation in 2008, the Forum has collectively developed and advocated for a deliberate strategy to meet the long-term needs of the watershed. It has developed a Strategic Action Plan (SAP) to guide the development of its capital project requests. The SAP provides the foundation for our federal funding requests in combination with local, regional and state funding partners. The Forum has a history of federal and state funding support for its activities. In 2008, the State appropriated $200,000 to the Forum to develop the SAP. Congressman Inslee requested $100,000 in federal funding for the same project though it was not included in the Appropriations bills enacted that year. More recently, Rep. Inslee has requested $1,200,000 for the Forum to begin to implement the recommendations of the SAP as a part of Congress’ Reauthorization of the Water Resources Development Act (WRDA). Currently, WRDA is pending reauthorization and is on track to be considered in 2011 by the new Congress. This funding history proves the support for the Forum and its work by at least one member of the congressional delegation. The Forum must expand its footprint and build support with Congressman McDermott, Senator Murray and Senator Cantwell to continue to be successful. The Forum has indentified two projects with similar characteristics for federal funding support in 2011. The projects would conduct the floodplain modeling necessary to conduct additional infrastructure projects in the future. The maps would be used to update FEMA floodplain mapping information. Each project is budgeted at $750,000 to $1,000,000 and would be funded through a combination of state, federal and local resources. The project locations are the: 1. Lower McAleer Creek in Lake Forest Park and Shoreline. 2. Upper McAleer Creek/Lake Ballinger/Hall Creek in Edmonds and Mountlake Terrace. The scope of the SAP will require a diverse set of funding partners in order to be implemented. With local and state funding sources facing extraordinary cuts, the federal government will need to be a partner to help leverage local funding and keep this project on track. Even with its own spending severely curtailed from recent years, the federal government remains a viable partner for the Lake Ballinger/McAleer Creek Watershed Forum. Other cities in Washington have been successfully utilizing federal funds to complete their local priorities. In 2009, Members of Congress from Washington State requested funding for 131 projects for 71 different cities. The result was a total of 32 funded projects for 22 different cities. In 2010, the outcome of the appropriations process remains to be determined, but more than 40 cities in Washington state are on track to secure federal funding for their local priorities. Even with increasing competition at the federal level, local governments are clearly finding that strong relationships with their federal delegation can result in funding shared local objectives. Looking into 2011, the Forum faces many new opportunities in Congress. Foremost, the Obama Administration and Congress are signaling their intent to move quickly to fund $50 billion of Packet Page 144 of 348 Page 3 of 10 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com infrastructure. Second, Congress will continue the Reauthorization of the Water Resources Development Act, a primary funding opportunity for the Forum distinct from the appropriations process. Last, the new Congress is expected to continue to look at earmarks with a critical eye, eliminating the egregious examples from the past and positioning municipal projects that have broad support as the priority earmarks. All of these opportunities combine to create urgency for the Forum to work quickly to position itself and its priorities within the various funding streams to maximize its partnership potential. 2011 also poses a unique process challenge for the Forum – and for Congress. Currently in 2010, Congress has delayed the final consideration of its appropriations work until after the elections in November. With the change in party leadership in the House, this could be a swift process or could potentially extend into 2011 when the new congressional leadership will be in place. As a result, the Forum may be initiating its requests for FY’12 without knowing the outcome of the process from FY’11. Given that the Forum did not have any requests made in the pending FY’11 appropriations bills, this does not create a major obstacle for the Forum, but does create a confused environment for the congressional staff that will be juggling two distinct fiscal cycles within the same time period. The Lake Ballinger/McAleer Watershed Forum will need to clearly define its projects within specific accounts at the right time to maximize its potential for success. Also of importance to the Forum will be the future of earmarks in the next Congress. Many newly elected Republicans are indicating their desire to eliminate earmarks from the congressional appropriations process. Other Republicans, including the incoming Chairman of the House Appropriations Committee have indicated that earmarks will be transparent and clearly available. The Senate is expected to continue earmarks in 2011. While we expect earmarks to be available for public entities in 2011, the issue will be one to watch and consider as we develop our strategy. Despite these challenges, the Lake Ballinger/McAleer Creek Watershed Forum is well-positioned to compete for federal funds in 2011 for a number of reasons: • In a tight federal funding environment, the delegation is prepared to assist cities. Our congressional delegation is highly attuned to the infrastructure needs in the State of Washington. In a funding environment where the demonstrated need of local governments outpaces the ability of the delegation to meet it, the fact that the Forum is a collective effort from multiple local governments will County will be an advantage for the Forum when the delegation makes tough decisions about which priorities to support in Congress. • Congress will focus on infrastructure in 2011. With the federal transportation bill up for its five-year reauthorization, Congressional leaders have already pledged to make critical infrastructure investments a top priority for the new Congress without regard to which party holds control. Similarly, Congress is expected to renew its effort to pass the five-year reauthorization of the Water Resources Development Act (WRDA), another bill to provide targeted funding for municipalities where Rep. Inslee has already requested funds for the Forum. The Obama Administration recently announced a plan to provide a short-term infrastructure investment of $50 billion but is waiting for Congress to act to push the funds to local projects. We anticipate three distinct congressional funding streams for municipal infrastructure in 2011 (appropriations bills, the WRDA bill and the Obama infrastructure stimulus package). The Lake Ballinger/McAleer Creek Watershed Forum can align its requests and priorities to take advantage of Congress’ agenda. Packet Page 145 of 348 Page 4 of 10 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com • Washington State’s congressional delegation is exceptionally well positioned to assist the Lake Ballinger/McAleer Creek Watershed Forum. Senator Murray is currently the 4th ranking member of the Senate leadership and is a senior member of the Senate Appropriations Committee with jurisdiction over how the federal budget is allocated. She chairs the Transportation Appropriations Subcommittee. Congressman Norm Dicks will be the Ranking Member of the House Appropriations Committee. The delegation includes Congressman Rick Larsen, who is a senior member of the House Transportation and Infrastructure Committee that has primary jurisdiction over the Water Resources Development Reauthorization bill. Congressman Doc Hastings will be the Chairman of the House Resources Committee with jurisdiction over water and resources policy. After the Nov. 2 election, six of Washington State’s nine members of the House are in the top third of seniority in the chamber. Perhaps more than any other state, Washington’s congressional delegation is poised to assist its local governments with their critical infrastructure investments. • The focus on earmark reform is good for the Lake Ballinger/McAleer Creek Watershed Forum. Earmarks are the congressionally directed funding priorities that are included as part of the federal appropriations bills. The Obama Administration and Congress have increased transparency over the earmarking process and prohibited for-profit entities from receiving them. In contrast to recent years, Congress has established a set amount for potential earmarks and has required community support for most requests. While the incoming Republican leadership in the U.S. House of Representatives has not yet made its position on earmarks clear for 2011, we can expect local governments to have an enhanced competitive position for critical federal funds. • The timing is right. The Forum could not be building relationships with its federal delegation to make infrastructure requests at a better time. With multiple funding streams available, and a national emphasis on infrastructure aligned with the multi-jurisdictional nature of the federal funding requests, the timing is right for the Forum. Providing the Forum makes the right requests in the right amounts in the right accounts at the right time, it will position itself for project partnerships and funding success. II. Qualifications The Lake Ballinger/McAleer Creek Watershed Forum has many potential options when considering a firm to assist it with its federal funding strategies. The Johnston Group is the right partner for the Forum for a number of reasons that collectively distinguish it from its competitors. • The Johnston Group knows the federal funding process and has a strong track record of success. We understand the process, the timelines and the critical decisions that have to be made by congressional offices to prioritize financial support. More, we know how to provide the information and messages about projects in ways that elected officials and their staff can – and do – use. This proven approach has resulted in more than $15 million in federal funds secured for Washington State clients in the past five years. • We operate where the decisions are made. The Forum will need to travel to Washington, D.C. to meet with members of Congress and their staff to discuss the requests they intend to make. Those meetings are foundational elements of any successful federal funding strategy. However, decisions about which projects deserve federal funding are increasingly being Packet Page 146 of 348 Page 5 of 10 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com made in Washington State and not in Washington, D.C. In fact, each delegation office requires a strong community voice to supplement an appropriations request. Some require district presentations and meetings with regional congressional staff to be considered for federal funding. The Johnston Group knows the district staff as well as we know the D.C. staff - and both are critical to a successful funding strategy. • The Johnston Group combines the benefits of a small firm with the resources of a large agency. As a sole consultancy, Jake Johnston will provide experienced and seasoned counsel to the Lake Ballinger/McAleer Creek Watershed Forum. Work will not be given to less experienced staff to complete. From developing strategy and examining capital project infrastructure plans to communicating complex policy and lobbying Congress, the Forum will have the complete benefit of Jake Johnston’s experience and counsel as their day-to-day strategist. If the Forum requires additional support and counsel, the Johnston Group maintains a formal relationship with APCO Worldwide and can draw on APCO’s resources in Seattle or in Washington, D.C. • We have experience positioning local governments with the federal delegation. Jake Johnston has represented Washington state cities before the federal delegation to achieve funding and policy goals for nearly a decade. This experience gives us a deep appreciation for the role of locally elected officials in the development and execution of the community’s vision. We know what messages the delegation responds to and how cities can utilize their strengths to compete for federal funds and leverage state and regional funds through a successful federal strategy. • We take on a limited number of clients. Unlike large lobbying firms that may represent dozens of clients before Congress, the Johnston Group serves a limited number of clients each year. This approach allows us to invest more time and emphasis to enhance our client’s opportunities for success. • We are accessible and accountable. Since we’re based in Seattle, the Johnston Group is available to the Forum upon request during its meetings and work sessions. The Johnston Group can participate in district-based meetings with the congressional offices and work face-to-face with the Forum on strategic planning and direction. This allows the best collaboration between the Forum and its professional federal lobbyist. • We have the right relationships but, more importantly, we help our clients build their own. The Johnston Group has working relationships throughout the Northwest Congressional Delegation. However, we believe that our clients are the best spokespeople for their interests and that successful long-term funding and policy partnerships work best when the client is actively involved. This means that our clients do not “trade” on our relationships, but instead utilize them to guide and facilitate the development of their own. III. Scope of Services Although a refined set of activities will be developed if engaged by the Lake Ballinger/McAleer Creek Watershed Forum, below is a brief description of the major activities that would likely be part of the Johnston Group’s scope of services based on experience with similar clients. Packet Page 147 of 348 Page 6 of 10 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com Develop Federal Funding Agenda for the Lake Ballinger/McAleer Creek Watershed Forum • Work with the Lake Ballinger/McAleer Creek Watershed Forum to identify the funding needs and get detailed information about priority projects like the FEMA floodplain mapping needs for the Lower McAleer Creek and Upper McAleer Creek watersheds. • Review Forum planning documents and budget to ascertain the full range of Forum initiatives and determine which Forum projects are eligible for support through the existing federal funding programs. • Advise the Lake Ballinger/McAleer Creek Watershed Forum about which projects ought to be prioritized for federal grants, directed federal spending via appropriations and authorization bills. Prepare and Support the Lake Ballinger/McAleer Creek Watershed Forum FY’12 Federal Funding Requests • Advise the Forum about the creation of collateral materials for federal funding requests. • Work with the Forum to identify potential supporters for project requests and secure letters of endorsement. • Coordinate formal submission of appropriations requests and ensure compliance with all deadlines. • Determine legislative tactics Congress may utilize to enact federal appropriations bills and implement a strategy to preserve funds targeted for the Lake Ballinger Watershed Forum. • Contact key congressional staff to obtain support for the Forum’s federal funding requests and respond to any questions or concerns as appropriate. • Assist congressional staff in the preparation of letters of request to relevant House and Senate oversight, authorization and appropriations committees and subcommittees. • Monitor the budget and appropriations process throughout the year with regular legislative updates provided to the Forum. D.C. Lobbying Meetings • Schedule meetings in Washington, D.C. with Lake Ballinger/McAleer Creek Watershed Forum representatives and Congressmen Inslee, Congressman McDermott and Senators Murray and Cantwell. We also may schedule meetings with Congressman Dicks and his staff given his position as the ranking member of the House Appropriations Committee. • Include the D.C.-based liaison for Washington Governor Christine Gregoire as a part of our D.C. meetings and outreach strategy if appropriate to do so. • Identify and prepare key congressional staff for appropriations requests and meetings with Forum representatives and elected officials. • Attend and facilitate meetings in Washington, D.C. • Prepare Lake Ballinger/McAleer Creek Watershed Forum officials for congressional meetings. • Follow up to all meetings as appropriate. • Ensure that district and D.C. based key staff in each delegation office are aligned in support of Forum’s goals. • Maintain regular communication with key legislative staff and elected officials throughout the year in support of the Forum’s funding and policy agenda. • This proposal includes two distinct trips to Washington, D.C. for the Lake Ballinger/McAleer Creek Watershed Forum, one before March 31, 2011 and the other at a time to be Packet Page 148 of 348 Page 7 of 10 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com determined, likely in September 2011. Involvement of Lake Ballinger/McAleer Creek Watershed Forum Member Staff and Elected Officials • Issue monthly activity reports to Forum representatives detailing specific actions taken on the Forum’s behalf. • Engage the Forum’s elected officials and staff as necessary to contact Members of Congress and their staff as appropriate in support of the funding requests. • Counsel the Forum about locally-based lobbying activities to further the Forum’s legislative and federal funding priorities, potentially including meeting in North King County / South Snohomish County with members of the federal delegation, participation in congressional sponsored events in Washington State and the continued involvement of district based congressional staff in Forum meetings. • Draft correspondence as appropriate for the Forum to send to Congress on policy issues and other legislative concerns. • Work to include Forum elected leadership in delegation based policy discussions as they develop and as appropriate. Delegation Engagement with the Lake Ballinger/McAleer Creek Watershed Forum • Solicit support from each Member of Congress that we are seeking support from (i.e. Congressman Jay Inslee, Congressman Jim McDermott, Senator Patty Murray and Senator Maria Cantwell) for our appropriations requests. • Maintain year-long direct engagement with targeted Members of Congress and their staff. • Prioritize a visit to the Watershed by district congressional staff to get a firsthand look at the Forum’s projects and have an in-depth discussion about the Forum’s funding needs. Grant Funding Strategy • Solicit support from Governor Christine Gregoire, Congressman Jay Inslee, Congressman Jim McDermott, Senator Patty Murray and Senator Maria Cantwell for the relevant Forum grant applications. Prepare and Support FY’12 Federal Water Redevelopment Act Reauthorization Requests • Advise the Forum about the creation of collateral materials for federal funding requests through this federal funding instrument. • Work with the Forum to identify potential supporters for project requests and secure letters of endorsement. • Coordinate formal submission of authorization requests and ensure compliance with all deadlines. • Determine legislative tactics Congress may utilize to enact federal water reauthorization bills and implement a strategy to preserve funds targeted for the Lake Ballinger/McAleer Creek Watershed Forum. • Contact key congressional staff to obtain support for the Forum’s federal funding requests and respond to any questions or concerns as appropriate. • Assist congressional staff in the preparation of letters of request to relevant House and Senate oversight, authorization and appropriations committees and subcommittees. Packet Page 149 of 348 Page 8 of 10 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com • Monitor the budget and authorization process throughout the year with regular legislative updates provided to the Forum. IV. Timeline The federal appropriations process requires a year-long effort for maximum impact. The time and work required is very intensive in the first part of the year but can be significantly reduced after the end of June depending on the appropriations / authorization process and the status of the Forum’s requests. Below is a brief timeline of the major activities that are likely to happen. January 2011 • Meet with Forum staff and officials to review funding opportunities and prioritize federal funding agenda for 2011. • Determine specific project requests for FY’12 (2011). • Begin to create supporting materials for project requests. • Advise about additional supporters for each project request and solicit letters of endorsement. • Ascertain appropriations timelines and Water Resources Development Act timelines. • Obtain appropriations and authorization request forms from all congressional offices. • Review federal grant programs that the Forum may be eligible to compete within. • Provide first draft of appropriations / authorization forms to Forum for edits and feedback. February – March 2011 • Draft formal authorization funding applications for Forum approval. • Schedule and attend first set of meetings in Washington, D.C. with congressional delegation to request support for Lake Ballinger/McAleer Creek Watershed Forum projects. • Outreach to district staff for congressional offices to explain projects and solicit support. • Finalize collateral materials and prep Forum delegation for D.C. trip. • Draft, edit, finalize and submit all appropriations forms to all relevant congressional offices for all projects. • Track other policy proposals of interest to the Lake Ballinger/McAleer Creek Watershed Forum. Draft correspondence and opinion papers as appropriate. April – June 2011 • Follow up to D.C. visits. • Lobby delegation to include our requests as a part of the appropriations bills. • Monitor budget process and report to Lake Ballinger/McAleer Creek Watershed Forum. • Begin district-based meetings with congressional staff and/or schedule visits for the summer. • Potentially schedule and attend second set of meetings in Washington, D.C. on behalf of the Lake Ballinger/McAleer Creek Watershed Forum. • Monitor and lobby for Forum projects in any Water Authorization bills that have funding opportunities for the Lake Ballinger/McAleer Creek Watershed Forum. • Continue to track all funding bills, developments and opportunities as appropriate. Packet Page 150 of 348 Page 9 of 10 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com • Continue to track other policy programs of interest to the Forum. Draft correspondence and opinion papers as appropriate. July – December 2011 • Monitor and report on budget, authorization and appropriations bills to the Lake Ballinger/McAleer Creek Watershed Forum. • Monitor and lobby for Forum projects in any Water Authorization bills that have funding opportunities for the Lake Ballinger/McAleer Creek Watershed Forum. • Continue to track all funding bills, developments and opportunities as appropriate. • Continue to track other policy programs of interest to the Forum. Draft correspondence and opinion papers as appropriate. • Conduct district based tours and meetings with the Forum. • Potentially conduct second round of meetings in Washington, D.C. if not already completed. V. Budget The Johnston Group proposes to complete the scope of services outlined in this proposal for a fixed monthly retainer of $2,500 from January 2011 through December 2011. This retainer includes all expenses with the exception of airfare and lodging connected to Forum trips to Washington, D.C. Expenses will be billed to the Forum at cost and in arrears. Whenever possible, the Johnston Group will combine client travel to D.C. to further reduce costs. This proposal includes two lobbying trips to Washington, D.C., one before the end of March 2011 and another to be scheduled – likely in September/October 2011. The opportunity to work with the Lake Ballinger/McAleer Creek Watershed Forum is an exciting one for the Johnston Group, and we are wiling to structure the relationship in a way that works for both organizations. If necessary, we would be pleased to modify this proposal to meet the specific project or budget needs of the Forum. VI. About The Johnston Group The Johnston Group was formed in 2009 to provide substantive government relations services to those clients who might not ordinarily seek out a D.C.-based lobbying firm but want to build partnerships and relationships with their congressional delegation. Jake Johnston, the Johnston Group’s founder and principal, helps clients position their issues and priorities with the federal government in the most compelling and timely way to ensure long-term success. Prior to forming the Johnston Group, Jake spent five years as a Vice President at APCO Worldwide, the global Public Affairs Agency of the Decade (Holmes Report 2010) headquartered in Washington, D.C. with offices in Seattle and around the globe. At APCO, Jake built a government relations practice that was integrated into the consultancy’s offerings to clients. Before APCO, Jake was the Manager of Government Affairs for Immunex Corporation, a Seattle-based Fortune 500 biopharmaceutical company. At Immunex, Jake led the company’s government affairs and public affairs strategy and worked on a successful strategy to gain Medicare coverage for Packet Page 151 of 348 Page 10 of 10 2400 NW 80th Street, # 191, Seattle, WA 98117 | (206) 240-3133 | www.johnstongr.com certain self-injected biopharmaceutical therapies. Jake also led two Congressional Biotechnology Staff Trips that brought leading biotechnology thought leaders into collaborative discussion with top policy and political aides to Members of Congress from Washington, D.C. For the seven years prior to Immunex, Jake worked for the U.S. House of Representatives in Washington, D.C., most recently as the Legislative Director for Congressman Jay Inslee (WA). Jake also worked for Congresswoman Nancy Pelosi (CA), Congressman Pete Stark (CA) and Speaker Thomas Foley (WA). From his time on Capitol Hill, Jake understands the difficult choices that Members of Congress and their staff must make when prioritizing their requests and support. Jake has served in the positions that his clients seek to influence and understands the dynamics and challenges of the relationship from both sides of the desk. With this background on Capitol Hill combined with his experience at APCO Worldwide as a senior consultant, Jake has assisted companies and organizations develop effective communications and government relations strategies that have resulted in targeted media placement, direct government funding, positive policy decisions and strong relationships with key decision-makers. The Johnston Group maintains a formal relationship with APCO Worldwide as an “of counsel” senior counselor supporting the government relations service offering and renewable energy policy practice at APCO. This relationship with APCO provides the Johnston Group’s clients with access to one of the world’s leading public affairs consultancies if needed. The Johnston Group is committed to environmentally sustainable business practices and strives to operate itself as a climate-neutral business. Packet Page 152 of 348 AM-3677   Item #: 2. G. City Council Meeting Date: 01/18/2011 Time:Consent   Submitted For:Mike De Lilla Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Authorization for the Mayor to sign the Professional Services Agreement with Murray, Smith & Associates for engineering services on the 2011 Waterline Project. Recommendation from Mayor and Staff Authorize the Mayor to sign the Professional Services Agreement with Murray, Smith & Associates. Previous Council Action On October 26, 2010, Council authorized staff to advertise for Request for Qualifications for design and construction support services for the 2011 Waterline Project. On January 11, 2011, the CS/DS Committee reviewed this item and recommended it be placed on the consent agenda for approval at the January 18, 2011 Council meeting. Narrative Using the selection process outlined in the City’s purchasing policy; City Staff received sixteen (16) Statements of Qualifications for the design engineering services for the 2011 Waterline Replacement Project. Out of the Statements of Qualifications received, City Staff shortlisted and interviewed four (4) firms. City Staff then selected Murray, Smith & Associates (MSA) based on their qualifications and experience, to provide engineered drawings for the 2011 Waterline Replacement Project. The design engineering is expected to be complete by June 2011, with construction expected to begin in late summer of 2011. The 2011 Waterline Replacement Project will upgrade/replace portions of the City’s potable water network by replacing over 7,800 linear feet of existing waterlines and associated appurtenances at various locations within the City. The selection of the sites was determined using the data supplied in the 2010 Comprehensive Water System Plan dated August 2010, coordinating with upcoming road, sanitary sewer, and storm drain projects, and input from Public Works. Upgrade projects will focus on upsizing and/or looping portions of the existing network to improve flow and pressure. Replacement projects will remove and replace pipes that are near the end of their life cycle and are requiring additional maintenance. The total estimated cost for this project is $1.98M. The consultant's fee for the design and construction support services is $302,649.  This amount includes a $43,000 reserve that can be authorized by the City if additional design services are needed based on field investigations or conflicts. The project costs will be funded by the Water Utility Construction Fund (Fund 412).        Attachments Attachment 1-MSA Agreement Packet Page 153 of 348 Form Review Inbox Reviewed By Date Engineering Robert English 01/13/2011 10:19 AM Public Works Phil Williams 01/14/2011 07:11 AM City Clerk Sandy Chase 01/14/2011 08:43 AM Mayor Mike Cooper 01/14/2011 09:58 AM Final Approval Sandy Chase 01/14/2011 10:44 AM Form Started By: Megan Cruz Started On: 01/12/2011  Final Approval Date: 01/14/2011  Packet Page 154 of 348 P a c k e t P a g e 1 5 5 o f 3 4 8 P a c k e t P a g e 1 5 6 o f 3 4 8 P a c k e t P a g e 1 5 7 o f 3 4 8 P a c k e t P a g e 1 5 8 o f 3 4 8 P a c k e t P a g e 1 5 9 o f 3 4 8 P a c k e t P a g e 1 6 0 o f 3 4 8 P a c k e t P a g e 1 6 1 o f 3 4 8 P a c k e t P a g e 1 6 2 o f 3 4 8 P a c k e t P a g e 1 6 3 o f 3 4 8 P a c k e t P a g e 1 6 4 o f 3 4 8 P a c k e t P a g e 1 6 5 o f 3 4 8 P a c k e t P a g e 1 6 6 o f 3 4 8 P a c k e t P a g e 1 6 7 o f 3 4 8 P a c k e t P a g e 1 6 8 o f 3 4 8 P a c k e t P a g e 1 6 9 o f 3 4 8 P a c k e t P a g e 1 7 0 o f 3 4 8 P a c k e t P a g e 1 7 1 o f 3 4 8 P a c k e t P a g e 1 7 2 o f 3 4 8 P a c k e t P a g e 1 7 3 o f 3 4 8 P a c k e t P a g e 1 7 4 o f 3 4 8 P a c k e t P a g e 1 7 5 o f 3 4 8 P a c k e t P a g e 1 7 6 o f 3 4 8 P a c k e t P a g e 1 7 7 o f 3 4 8 P a c k e t P a g e 1 7 8 o f 3 4 8 P a c k e t P a g e 1 7 9 o f 3 4 8 P a c k e t P a g e 1 8 0 o f 3 4 8 P a c k e t P a g e 1 8 1 o f 3 4 8 P a c k e t P a g e 1 8 2 o f 3 4 8 AM-3694   Item #: 2. H. City Council Meeting Date: 01/18/2011 Time:Consent   Submitted For:Human Resources and Planning Submitted By:Diane Cunningham Department:Planning Review Committee: Committee Action: Type:Action  Information Subject Title Amendment to Hearing Examiner Contract.   Recommendation from Mayor and Staff Staff respectfully requests Council approval of the attached addendum. Previous Council Action Narrative A citizen comment questioned the approval of an addendum to the Hearing Examiner's contract to provide coverage pending the appointment of a new Hearing Examiner. While Ms. Rice was a designated service provider, only the original contracting entity was authorized to provide service under the agreement. Because the contract had a non assignment clause and Ms. Rice has a new professional limited liability corporation, the underlying agreement needed to be amended to approve the new corporate entity. The citizen’s point was well taken and the revised addendum authorizes the provision of services by Ms. Rice’s PLLC.  Attachments Exhibit 1: Addendum to H.E. contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 01/14/2011 09:35 AM Mayor Mike Cooper 01/14/2011 09:58 AM Final Approval Sandy Chase 01/14/2011 10:44 AM Form Started By: Diane Cunningham Started On: 01/13/2011 04:03 PM Final Approval Date: 01/14/2011  Packet Page 183 of 348 {WSS847639.DOC;1\00006.900000\ } ADDENDUM TO LAND USE HEARING EXAMINER SERVICES AGREEMENT WHEREAS, the City of Edmonds, (herein “the City”) and Toweill Rice Taylor, LLC (herein “the Hearing Examiner”) entered into a Professional Services Agreement For Land Use Hearing Examiner Services; and WHEREAS, such agreement is due to expire on December 31, 2010; and WHEREAS, Toweill Rice Taylor LLC is dissolving and the City wishes to extend its relationship with a member of the firm on a month to month basis until such time as a new Hearing Examiner shall be appointed, now, therefore, The underlying agreement is amended in, but only in, the following respects: 1. Term. This agreement between the City and the successor entity of Toweill Rice Taylor LLC, known as the Offices of Sharon Rice Hearing Examiner PLLC, shall continue on a month to month basis until terminated by either party on the provision of ten (10) days notice. It is the intent of the parties that, should the Hearing Examiner hold a hearing and a decision be pending, that the termination of this agreement shall neither prevent nor prohibit the Hearing Examiner from completing any assigned hearing assignment by the preparation of a written decision and the disposition of any motions, including motions to reconsider as applicable, and to bill the reasonable costs of such terminating work to the City. 2. Amendment of Paragraph 4 - Non-assignment. Paragraph 4 of the underlying agreement is hereby amended to approve the provision of services by the Offices of Sharon Rice Hearing Examiner PLLC. Ms. Rice was previously approved as an individual service provider in the underlying agreement. In all other respects, the provisions of paragraph 4 remain in full force and effect. 3. Amendment of Paragraph 6 - Compensation. The Hearing Examiner shall be paid by the City at the rate of One Hundred Fifty Dollars ($150.00) per hour for all services rendered. The Hearing Examiner shall present an invoice within thirty (30) days from the close of any monthly period detailing the hours performed, referencing the particular hearing by hearing title. Upon payment of such invoice for the services reasonably rendered, such payment shall be considered full compensation for work performed or services rendered to complete the work. 4. Amendment of Paragraph 11 -- Correspondence and Notices. Notice to terminate or for any other purpose may be provided in writing to the City address contained in the underlying agreement. The successor entity shall receive notice at Packet Page 184 of 348 {WSS847639.DOC;1\00006.900000\ } Offices of Sharon Rice Hearing Examiner PLLC 20126 Ballinger Way #167 Shoreline WA 98155 5. Underlying Agreement. In all other respects, the underlying agreement between the parties shall remain in full force and effect. DATE: OFFICES OF SHARON RICE HEARING EXAMINER PLLC By: DATE: CITY OF EDMONDS By: ATTEST: Sandra S. Chase, City Clerk APPROVED AS TO FORM: W. Scott Snyder, City Attorney Packet Page 185 of 348 AM-3670   Item #: 3. City Council Meeting Date: 01/18/2011 Time:30 Minutes   Submitted By:Al Compaan Department:Police Department Review Committee: Committee Action: Type:Action  Information Subject Title Public hearing on the consideration of adoption of a zoning moratorium on the establishment of Medical Marijuana Dispensaries and declaring them to be an illegal use under state law and the city's zoning code. Recommendation from Mayor and Staff Staff recommends City Council adopt the draft ordinance calling for Zoning Moratorium and clarifying that medical marijuana dispensaries are a prohibited use barred from any zone in the City of Edmonds. Subject to City Council discussion and action on January 18, 2011 agenda item #4, staff also recommends that business licenses be denied based on application for license to operate a medical marijuana dispensary in the City, and amending the City's current Chapter 4.72 to provide for an appeal hearing procedure based on denial of a business license. Note:  Ultimately this is an issue for the state legislature. At least one bill regarding dispensaries will be considered this session. Staff’s recommendations are based on the current state of Washington law. The purpose of a zoning moratorium is to allow the city to carefully consider the issue and to tailor a response that is compliant with the city’s comprehensive plan, public opinion and the developing state of the law and public policy. Please note that the recommendations acknowledge and do not restrict the legal rights of qualified patients and designated providers under Washington law. Previous Council Action None. Narrative Effective November 3, 1998, Initiative Measure 692 came into effect. The provisions regarding medical marijuana are codified at Chapter 69.51A RCW. One of the recent hot topics within Washington communities are the promulgation of “medical marijuana dispensaries” ostensibly operating under authority of Initiative Measure 692 as “designated providers” of marijuana. The Washington State Department of Health has opined that dispensaries are illegal but leaves the matter to local regulation. The Department of Revenue defines dispensaries’ “transactions” as sales and requires the payment of sales tax. Possession, sale, and/or distribution of marijuana remains defined as criminal conduct under both Washington State and Federal law. Different Washington cities have taken different approaches as dispensaries have either unilaterally commenced operation or have applied for business licenses with the respective governing authority. The City of Kent is currently handling the matter through Code Enforcement. Tacoma City Council declined to proceed with cease and desist orders issued by their staff to medical marijuana dispensaries following a Packet Page 186 of 348 series of public hearings. Port Angeles City Council authorized the opening of a dispensary, finding no conflict with its ordinances, or state and federal law. Redmond has recently refused to issue a business license to a dispensary on both a zoning basis and because the use is not perceived as a legal use under the general laws of the state of Washington or the United States. There are several approaches involving different facets of city code that Edmonds can take with this issue. First, City Council may choose to proceed with a zoning moratorium and eventual zoning ordinance making medical marijuana dispensaries a prohibited use barred from any zone in the City of Edmonds. Such action would be taken on the basis that sale, distribution, and possession of marijuana remains a state and federal criminal offense. As the police department will relate, medical marijuana dispensaries can be big business and due to the amount of cash and marijuana on-site (or even perceived to be on-site by others), such dispensaries are potential targets for burglary and robbery. Furthermore, there is no state or federal constitutional right to sell marijuana. Accordingly, a community may exclude dispensaries through zoning. Therefore, one option recommended by staff is adoption of a zoning moratorium while the city considers clarifying whether medical marijuana dispensaries are a prohibited use barred from any zone in the City of Edmonds. A second option recommended by staff is denial of a City business license. Nothing in RCW Chapter 69.51A supersedes current Washington State law prohibiting the “acquisition, possession, manufacture, sale or use of marijuana”. The City’s business license provisions currently define ineligible activities prohibiting the “conduct (of) any business in violation of the provisions of any ordinance of the city of Edmonds or the statutes of the state of Washington”. During staff review of the City’s current business license provisions, it was found that the City’s current Chapter 4.72 Business License code does not provide for a hearing based on denial of a license. Pending City Council discussion and action on January 18, 2011 agenda item #4, staff recommends that City Council establish such a hearing procedure, the hearing being held either by City Council or the City’s Hearing Examiner. The Edmonds Police Department will continue to enforce the laws of the state of Washington. Furthermore, various bills will undoubtedly be introduced during this Washington state legislative session that attempt to further define and/or resolve the issue of the legality of dispensaries as currently operated. Until the legislature acts, communities across the state are placed in a potentially untenable position under the law as it presently exists in Chapter 69.51 A of the RCW relating to medical marijuana dispensaries. City Council direction and/or regulation at the local level are the only viable options at this juncture. Attachments CA Police Chiefs' Assn Dispensary Whitepaper Medical MJ Articles - Seattle City Attorney - MMD Background and Draft Ordinances Form Review Inbox Reviewed By Date City Clerk Sandy Chase 01/13/2011 01:14 PM Mayor Mike Cooper 01/13/2011 01:15 PM Final Approval Sandy Chase 01/13/2011 01:16 PM Form Started By: Al Compaan Started On: 01/12/2011 10:16 AM Final Approval Date: 01/13/2011  Packet Page 187 of 348 Packet Page 188 of 348 Packet Page 189 of 348 Packet Page 190 of 348 Packet Page 191 of 348 Packet Page 192 of 348 Packet Page 193 of 348 Packet Page 194 of 348 Packet Page 195 of 348 Packet Page 196 of 348 Packet Page 197 of 348 Packet Page 198 of 348 Packet Page 199 of 348 Packet Page 200 of 348 Packet Page 201 of 348 Packet Page 202 of 348 Packet Page 203 of 348 Packet Page 204 of 348 Packet Page 205 of 348 Packet Page 206 of 348 Packet Page 207 of 348 Packet Page 208 of 348 Packet Page 209 of 348 Packet Page 210 of 348 Packet Page 211 of 348 Packet Page 212 of 348 Packet Page 213 of 348 Packet Page 214 of 348 Packet Page 215 of 348 Packet Page 216 of 348 Packet Page 217 of 348 Packet Page 218 of 348 Packet Page 219 of 348 Packet Page 220 of 348 Packet Page 221 of 348 Packet Page 222 of 348 Packet Page 223 of 348 Packet Page 224 of 348 Packet Page 225 of 348 Packet Page 226 of 348 Packet Page 227 of 348 Packet Page 228 of 348 Packet Page 229 of 348 Packet Page 230 of 348 Packet Page 231 of 348 Packet Page 232 of 348 Packet Page 233 of 348 Packet Page 234 of 348 Packet Page 235 of 348 Packet Page 236 of 348 Packet Page 237 of 348 Packet Page 238 of 348 Packet Page 239 of 348 Packet Page 240 of 348 Packet Page 241 of 348 Packet Page 242 of 348 Packet Page 243 of 348 Packet Page 244 of 348 Packet Page 245 of 348 Packet Page 246 of 348 Packet Page 247 of 348 Packet Page 248 of 348 Packet Page 249 of 348 Packet Page 250 of 348 P a c k e t P a g e 2 5 1 o f 3 4 8 P a c k e t P a g e 2 5 2 o f 3 4 8 P a c k e t P a g e 2 5 3 o f 3 4 8 P a c k e t P a g e 2 5 4 o f 3 4 8 P a c k e t P a g e 2 5 5 o f 3 4 8 P a c k e t P a g e 2 5 6 o f 3 4 8 P a c k e t P a g e 2 5 7 o f 3 4 8 P a c k e t P a g e 2 5 8 o f 3 4 8 P a c k e t P a g e 2 5 9 o f 3 4 8 P a c k e t P a g e 2 6 0 o f 3 4 8 P a c k e t P a g e 2 6 1 o f 3 4 8 P a c k e t P a g e 2 6 2 o f 3 4 8 P a c k e t P a g e 2 6 3 o f 3 4 8 P a c k e t P a g e 2 6 4 o f 3 4 8 P a c k e t P a g e 2 6 5 o f 3 4 8 P a c k e t P a g e 2 6 6 o f 3 4 8 P a c k e t P a g e 2 6 7 o f 3 4 8 P a c k e t P a g e 2 6 8 o f 3 4 8 P a c k e t P a g e 2 6 9 o f 3 4 8 P a c k e t P a g e 2 7 0 o f 3 4 8 P a c k e t P a g e 2 7 1 o f 3 4 8 P a c k e t P a g e 2 7 2 o f 3 4 8 P a c k e t P a g e 2 7 3 o f 3 4 8 P a c k e t P a g e 2 7 4 o f 3 4 8 P a c k e t P a g e 2 7 5 o f 3 4 8 P a c k e t P a g e 2 7 6 o f 3 4 8 P a c k e t P a g e 2 7 7 o f 3 4 8 P a c k e t P a g e 2 7 8 o f 3 4 8 AM-3679   Item #: 4. City Council Meeting Date: 01/18/2011 Time:15 Minutes   Submitted For:Scott Snyder, City Attorney Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Consideration of an ordinance amending the provisions of Chapter 4.72 ECC to establish an appeal procedure for the denial of a business license and clarifing certain terms and procedures. Recommendation from Mayor and Staff It is recommended that the City Council adopt the proposed ordinance.  Please note that the motion adopting the ordinance also needs to designate either the City's Hearing Examiner or the City Council as the hearing body in the appeal procedure. Previous Council Action Narrative In reviewing the City's business license provision in relation to Agenda Item 3 (Medical Marijuana Dispensaries), the City Attorney noted that the City's current City Code Chapter 4.72 Business License does not provide for a hearing based on denial of a license.  Therefore, the City Attorney recommends amending Chapter 4.72 to establish a hearing procedure.  Attached is a copy of the draft ordinance. The draft ordinance makes the following changes to the existing chapter: 1.  It proposes to add a new section 4.72.055 which establishes an appeal for denial of a license.  The current ordinance provides a process for revocation and review of issued licenses, but there is no provision for appeal by denial.  While a judicial remedy is available, the City Attorney suggests that having a parallel internal procedure before the City Council or Hearing Examiner would be appropriate. 2.  The provisions of the existing Section 4.72.060 are suggested for amendment.  The first is changing the mechanism for notice of suspension or revocation of a license from the City Council to the Mayor and staff.  Having the City Council determine that a license should be suspended or revoked and then having a hearing before the City Council creates the appearance that the Council has made up its mind on the issue.  Given that the City Clerk and law enforcement personnel, as well as the City Attorney, are under the day to day direction of the Mayor, it is suggested that the Mayor is the appropriate person to initiate a revocation or suspension. 3.  The provisions of Section 4.72.060 have also been amended to provide for time periods parallel to those suggested in draft Section 4.72.055. 4.  The word "day" is currently undefined in the ordinance of the existing chapter but used frequently.  In order to provide clarity, the City Attorney suggests that the word "day" be defined as a "business day," Packet Page 279 of 348 order to provide clarity, the City Attorney suggests that the word "day" be defined as a "business day," that is, a day in which the City is open for business.  This assures that the City will not be required to act nor an applicant appeal on a day in which the City is not open for business. 5.  Finally, the draft ordinance allows the City Council to opt between hearing the denial, revocation or suspension hearing itself, or deferring that action to the City's Hearing Examiner.  The City Council has been clear that it wishes to hear land use appeals, but this is a new and potentially technical area.  If the City Council wishes to retain its current hearing authority (suspension and revocation) and expand it to denial, please select the option of "City Council" in the draft ordinance.  If the Council feels it appropriate to use the City's Hearing Examiner, please take that action by motion.  The staff has no recommendation on this issue. Attachments Comparison of Code Paragraph Ordinance Form Review Inbox Reviewed By Date Mayor Mike Cooper 01/13/2011 01:15 PM Final Approval Sandy Chase 01/13/2011 01:16 PM Form Started By: Sandy Chase Started On: 01/12/2011 03:09 PM Final Approval Date: 01/13/2011  Packet Page 280 of 348 {GJZ848991.DOCX;1\99925.003333\ } 4.72.060 Revocation or suspension. The city council shallMayor or his designee may, at any time , suspend or revoke any license issued hereunder whenever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the state of Washington or any ordinance of the city City of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; where the business activity violates ECC 4.72.050; or where the place of business does not conform to the ordinances of the city of Edmonds; provided, a hearing thereon shall be had before such revocation or suspension, and the City of Edmonds. Prior to such suspension or revocation, the permittee shall be provided an opportunity for a hearing. The licensee shall be notified in writing by sending the same a written notice to the address stated in on the license of the intention of the city council City to revoke or suspend said license at a regular meeting of the city council at a time and date denominated in the notification giving the licensee at least six days’ notice prior to the date for the hearing. The applicant may then appeal by filing written notice with the City Clerk within ten (10) days of the notice of revocation or suspension. The City Clerk shall schedule a hearing within twenty (20) days before the [select one: Hearing Examiner/City Council]. The licensee may appear at that time and be heard in opposition to such revocation or suspension. Packet Page 281 of 348 {WSS847793.DOC;1\00006.900000\ } - 1 - 0006.90000 WSS/gjz 1/5/11 R:1/12/11gjz ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE CHAPTER 4.72 BUSINESS LICENSE BY THE ENACTMENT OF A NEW SECTION 4.72.055, PROVIDING FOR AN APPEAL OF DENIAL OF A LICENSE, AMENDING SECTION 4.72.060 REVOCATION OR SUSPENSION , AMENDING SECTION 4.72.010 DEFINITIONS TO DEFINE “DAY” BY ADDING A NEW SUBSECTION E, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the current provisions of ECC Chapter 4.72 provide for a hearing before the City Council on the revocation of suspension of a business license but do not provide a mechanism for review in the event that a license application is denied; and WHEREAS, the City Council wishes to provide for such a hearing as well as consistency with the process for revocation or suspension, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code Chapter 4.72 is hereby amended by the addition of a new section 4.72.055. 4.72.055 Denial of license - hearing. In the event that a license is denied under this chapter based on the provisions of Chapter 4.72.050, or for any other lawful reason, the applicant may request a hearing. Such request shall be in writing and filed within ten (10) days of the date of written denial by the City of a license application. A hearing shall be scheduled within Packet Page 282 of 348 {WSS847793.DOC;1\00006.900000\ } - 2 - thirty (30) days before the [select one - Hearing Examiner/City Council]. The hearing shall proceed in the following format: 1. The applicant/appellant shall present proof of the nature of the activities which it seeks to conduct pursuant to a business license in the City of Edmonds. 2. The City shall have the burden of establishing, by a preponderance of the evidence, that the activities are in violation of a provision of any ordinance of the City of Edmonds, or the general statutes of the State of Washington. 3. The applicant/appellant may then present any rebuttal testimony which it wishes to present. The [select one - Hearing Examiner/City Council] shall enter written findings of fact and conclusions of law. No motion for reconsideration shall be available to either party. Appeal of the final decision shall be to the Snohomish County Superior Court in accordance with the applicable laws of the state of Washington. Section 2. The Edmonds City Code Section 4.72.060 Revocation or suspension 4.72.060 Revocation or suspension. is hereby amended to read as follows: The Mayor or his designee may, at any time, suspend or revoke any license issued hereunder whenever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the state of Washington or any ordinance of the City of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; where the business activity violates ECC 4.72.050; or where the place of business does not conform to the ordinances of the City of Edmonds. Prior to such suspension or revocation, the permittee shall be provided an opportunity for a hearing. The licensee shall be notified in writing by sending a written notice to the address stated on the license of the intention of the City to revoke or suspend said license. The applicant may then appeal by filing written notice with the City Clerk within ten (10) days of the notice of revocation or suspension. The City Clerk shall schedule a hearing within twenty (20) days before the [select one: Hearing Examiner/City Council]. The licensee may appear at that time and be heard in opposition to such revocation or suspension. Packet Page 283 of 348 {WSS847793.DOC;1\00006.900000\ } - 3 - Section 3. The Edmonds City Code Section 4.72.010 is hereby amended to add a new subsection 4.72.010(E) to read as follows: 4.72.010 Definitions. . . . E. “Day.” The term “day” when used in this chapter shall refer to days on which the City of Edmonds City Hall is open for business. Any day which is defined as a holiday by ordinance and any day on which City Hall has been closed by executive order shall not constitute a “day.” Section 4. Effective Date APPROVED: . This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. MAYOR MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 284 of 348 {WSS847793.DOC;1\00006.900000\ }- 4 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2011, 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 THE EDMONDS CITY CODE CHAPTER 4.72 BUSINESS LICENSE BY THE ENACTMENT OF A NEW SECTION 4.72.055, PROVIDING FOR AN APPEAL OF DENIAL OF A LICENSE, AMENDING SECTION 4.72.060 REVOCATION OR SUSPENSION, AMENDING SECTION 4.72.010 DEFINITIONS TO DEFINE “DAY” BY ADDING A NEW SUBSECTION E, 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 ________________, 2011. CITY CLERK, SANDRA S. CHASE Packet Page 285 of 348 AM-3688   Item #: 6. City Council Meeting Date: 01/18/2011 Time:15 Minutes   Submitted By:Stephen Clifton Department:Community Services Review Committee: Committee Action: Recommend Review by Full Council Type:Action  Information Subject Title Resolution of the City Council of the City of Edmonds, Washington, opposing the creation of a Regional Washington State Ferries District that would result in partially shifting the State responsibility to operate and maintain a statewide transportation infrastructure to local communities. Recommendation from Mayor and Staff City administration recommends the City Council authorize Mayor Cooper to sign subject resolution on behalf of the City of Edmonds. Previous Council Action Narrative The Governor has stated an intention to introduce legislation to create a regional ferry district to operate the ferries in order to address financial challenges. The Governor’s proposal would:  Place the proposed ferry district’s decision making in the hands of a board directly accountable to customers and communities and the district’s funds would come from fares, a state subsidy to pay for a core level of service, and regional taxing authority Create a ferry district within all western Washington counties now served by ferries Create a ferry district board that would be elected from areas near current ferry routes and at large board members appointed by the Governor Establish a dedicated and ongoing state subsidy level Establish a local taxing authority City administration is opposed to the Governor's proposal for reasons outlined within the attached resolution, the most  significant of which would result in partially shifting the State responsibility to operate and maintain a statewide transportation infrastructure to local communities. Attachments Attachment 1 - Resolution  Form Review Inbox Reviewed By Date City Clerk Sandy Chase 01/13/2011 03:54 PM Mayor Mike Cooper 01/13/2011 04:03 PM Final Approval Sandy Chase 01/14/2011 08:46 AM Form Started By: Stephen Clifton Started On: 01/13/2011 03:32 PM Packet Page 286 of 348 Final Approval Date: 01/14/2011  Packet Page 287 of 348 - 1 - 1/12/10 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, OPPOSING THE CREATION OF A REGIONAL WASHINGTON STATE FERRIES DISTRICT THAT WOULD RESULT IN PARTIALLY SHIFTING THE STATE RESPONSIBILTY TO OPERATE AND MAINTAIN A STATEWIDE TRANSPORTATION INFRASTRUCTURE TO LOCAL COMMUNITIES. WHEREAS, Washington State Ferries make 180,000 trips and carry 23 million passengers and 10 million cars annually, and is the largest ferry system in the nation, yet remains significantly underfunded annually, WHEREAS, The Governor has stated an intention to introduce legislation to create a regional ferry district to operate the ferries in order to address financial challenges, WHEREAS, The Governor’s proposal would: • Place the proposed ferry district’s decision making in the hands of a board directly accountable to customers and communities and the district’s funds would come from fares, a state subsidy to pay for a core level of service, and regional taxing authority • Create a ferry district within all western Washington counties now served by ferries • Create a ferry district board that would be elected from areas near current ferry routes and at large board members appointed by the Governor • Establish a dedicated and ongoing state subsidy level • Establish a local taxing authority WHEREAS, Washington State ferry routes are an essential part of the overall statewide highway network, and its 200 miles of marine highway integrates ferry service with other parts of the highway system within urban areas on all sides of Puget Sound, WHEREAS, Washington State Ferries receives a share of statewide gas-tax money and the state Packet Page 288 of 348 - 2 - constitution reserves gas taxes for highway purposes and names state ferries as such a purpose, WHEREAS, The proposed action assumes that Washington residents who live nearer an expensive part of the highway system should pay more of the cost (not counting user fees) than people who live farther away, WHEREAS, The proposed action is asking the people of Edmonds, and those nearer Washington State ferry terminals, to pay for the states’ failing infrastructure, and as a result, compounds the city’s and local communities’ shouldering of preexisting burdens to mitigate impacts of state system users, such as traffic congestion, pollution and blights to road and water ways, WHEREAS, Isolating the needs of the ferry state highway system, and creating another layer of government to address those needs, is not a viable solution as current users and non-users of ferries already pay into the highway system via gas taxes, thus resulting in a double dipping at the local level to fund Washington State Ferries’ capital, operational and maintenance needs, WHEREAS, the proposed action could jeopardize the State’s substantial investment in ferry facilities and operations by creating a regional ferry district whose funding recommendations are subject to local voter approval, thus increasing the uncertainty as to whether funding will be available for necessary capital, operational and maintenance needs, WHEREAS, The State of Washington needs to prioritize existing and future dollars as they relate to funding the ferry system and a develop a comprehensive transportation package that meets the future needs of the entire statewide highway system, including ferries, roads, rail and transit. WHEREAS, the proposed action will foster a long term major confrontation which is not in the best interests of the State, Cities, Counties and communities where ferry terminals are located, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council opposes the creation of a regional Washington State Ferries District that would result in the shifting of any statewide responsibility related to capital, operations and Packet Page 289 of 348 - 3 - maintenance of the Washington State Ferry system to local communities. Section 2. Without major reform, ferry customers and ferry dependent communities will face continued uncertainty. Now is the time to address the underlying structural and financial issues that challenge this critical piece of our state’s transportation infrastructure, Section 3. The State of Washington needs to prioritize existing and future dollars as they relate to funding a Washington State Ferry system and develop a comprehensive transportation package that meets future needs of the entire statewide highway system, including ferries, roads, rail and transit. RESOLVED this ___ day of ________________, 2011. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 290 of 348 AM-3673   Item #: 7. City Council Meeting Date: 01/18/2011 Time:20 Minutes   Submitted By:Jim Stevens Department:Public Works Review Committee: Committee Action: Type:Action  Information Subject Title Community Solar Agreements. Recommendation from Mayor and Staff 1) Authorize the City Attorney to continue to work with the Edmonds Community Solar Cooperative to finalize the agreements necessary to construct a community solar project on the rooftop of the Frances Anderson Center. 2) Authorize the mayor to sign the completed final documents for the site lease agreement and for a power purchase agreement with the Edmonds Community Solar Cooperative. Previous Council Action On October 5, 2010, the City Council heard a presentation from representatives of Sustainable Edmonds and voted to endorse in priciple the idea fo letting citizens use city rooftops with solar exposure for solar-electric generation installations. On January 11, 2011, the Community/Deveopment Services Committee of the City Council reviewed the current state of the proposed contracts between the City and the Edmonds Community Solar Cooperative and approved these documents to be moved to the full City Council for consideration. Narrative Community Solar projects represent a unique opportunity for citizens to participate in the generation fo electricity from solar energy without having to construct this capability on their own.  The City of Edmonds owns several buildings with rooftops large enough to permit installation fo solar panels to generate significant quantities of electricity.  Information provided as part of this agenda item includes a site lease agreement with the Edmonds Community Solar Cooperative for space on the roof of the Frances Anderson Center and an agreement for the purchase of power generated through the installation of solar panels at this location by the cooperative.  Although these documents are not quite yet in their final and completed form, they are very close by virtue of being through an extensive process of review and revision by City Attorney Scott Snyder and representatives of the cooperative.  This meeting presents a valuable checkpoint for review by the entire Council to verify the desire to move these contracts forward to completion and to authorize the mayor to sign them when they in their final form. Attachments Solar Lease Agreement Power Purchase Agreement Typical Installation Photo Packet Page 291 of 348 Typical Installation Photo Form Review Inbox Reviewed By Date Public Works Phil Williams 01/13/2011 07:28 AM City Clerk Linda Hynd 01/13/2011 09:33 AM Mayor Mike Cooper 01/13/2011 01:15 PM Final Approval Sandy Chase 01/13/2011 01:16 PM Form Started By: Jim Stevens Started On: 01/12/2011 02:12 PM Final Approval Date: 01/13/2011  Packet Page 292 of 348 {WSS840944.DOC;1\00006.900000\ } 1 SOLAR ENERGY FACILITY SITE LEASE AGREEMENT (Frances Anderson Center Project) This SOLAR ENERGY FACILITY SITE LEASE AGREEMENT (this “Agreement”) is made as of December 6th, 2010 (the “Effective Date”) by and between the CITY OF EDMONDS, WASHINGTON, an optional code City, organized under and by virtue of the laws of the State of Washington, whose address is 121 - 5th Avenue North, Edmonds, Washington 98020 (“Lessor”), and EDMONDS COMMUNITY SO LAR COOPERATIVE, a Washington Cooperative Association, located at 999 Northlake Way #301, Seattle, WA 98103 (“Lessee”). Each of Lessee and Lessor are sometimes individually referred to as “Party” and collectively as the “Parties.” RECITALS A. Lessor is the owner of certain real property located in Snohomish County, Washington, together with certain improvements, buildings, and other structures, commonly known as “Anderson Center,” as more particularly described and depicted on the attached Exhibit A and incorporated herein by this reference (the “Property”). B. Lessee is the developer, owner, and operator of photovoltaic solar energy generation equipment and facilities suitable for delivery of electrical energy to be used on the Premises. C. Lessor and Lessee are parties to that certain Solar Power Energy Services Agreement dated of even date herewith (the “Solar Services Agreement”), pursuant to which Lessee (as Seller) has agreed to sell to Lessor, and Lessor (as Customer) has agreed to purchase from Lessee, all of the electrical energy produced by a Solar Energy Facility (or “SEF,” as defined in the Solar Services Agreement) to be installed and operated on the Premises by Lessee. D. In furtherance of the Solar Services Agreement, Lessee desires to obtain from Lessor, and Lessor desires to grant to Lessee, a lease of the rooftop of the Anderson Center (the “Premises”) and related access and use rights on, over, and across the Property for purposes of (i) constructing, installing, owning, and operating the SEF on the Premises, (ii) transmitting electrical energy to, on, over, and across the Anderson Center, and (iii) access to and egress from the Premises for the installation, operation, maintenance, and removal of the SEF. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements herein contained, and intending to be legally bound hereby, Lessor and Lessee hereby agree as follows: Packet Page 293 of 348 {WSS840944.DOC;1\00006.900000\ } 2 AGREEMENT 1. Definitions and Interpretations. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Solar Services Agreement or in this Section 1 “Business Day” means any day that is not a Saturday, Sunday, or national holiday recognized by Lessor by ordinance. . Titles and headings are included in this Agreement for convenience only, and shall not be used for the purpose of construing and interpreting this Agreement. Words in the singular also include the plural and vice versa where the context requires. “Hazardous Material” means any substance, material, or waste that is now or hereafter classified as hazardous or toxic, or which is regulated under current or future federal, State, or local laws or regulations. “Payment Schedule” means that schedule attached to this Agreement and incorporated herein by this reference setting forth the consideration to be paid by Lessee to Lessor for the rights and easements set forth in this Agreement. “State” means the State of Washington. 2. Grant of Lease; Purpose of Lease; Permitted Uses 2.1 . Lease and Confirmation 2.2 . For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Lessor, Lessor hereby leases the Premises to Lessee. Purpose of Lease. The lease created by this Agreement is solely and exclusively for solar energy–generation purposes, and throughout the Term (as defined in Section 3 2.3 ), Lessee shall have the exclusive right to use the Premises for solar energy generation purposes Permitted Uses and Activities 2.3.1 Use the Premises and such other areas in and around the Premises as identified and depicted on the attached . The rights granted to Lessee in this Agreement permit Lessee to do the following: Exhibit A-2 Comment [A1]: ok , incorporated herein by this reference (collectively, the “Project Area”) for solar energy conversion, the collection and transmission of electrical energy to and from the SEF, and for related and incidental purposes and activities, including but not limited to locating, installing, operating, maintaining, improving, repairing, relocating, and removing the SEF on and from the Premises and to make such limited penetrations in the roof and roof structure (excluding any penetrations that would compromise the structural integrity or watertight character of the Premises) as needed to run wires and conduit from the SEF to the electrical panel and other areas on and within the Premises, in Comment [A2]: ok Packet Page 294 of 348 {WSS840944.DOC;1\00006.900000\ } 3 accordance with Lessee’s plans and design pre-approved by Lessor in accordance with the Solar Services Agreement (collectively, “Operations”). 2.3.2 Park in designated areas on the Property; 2.3.3 Access the Project Area (including but not limited to access for lifting, rigging, and material-handling equipment), and access the SEF on, over, and across the Project Area; and 2.3.4 Construct, install, maintain, repair, and remove the SEF on the Premises in the manner specifically set forth in the Solar Services Agreement; provided, however, that Lessee will not unreasonably interfere with Lessor’s use, operation, or maintenance of the Property, the Premises, or any portion thereof. 2.4 Solar Covenant. Lessor hereby covenants to provide for the free passage of solar radiation to the SEF. Any obstruction to the passage of direct solar radiation across the Premises to the SEF by Lessor or a tenant or assignee of Lessor is prohibited. Trees, structures, and improvements located on the Property as of the Effective Date shall be allowed to remain, and Lessee may not require their removal. Lessor shall not place or plant any trees, structures, or improvements on the Property after the Effective Date that may, in Lessee’s sole judgment, impede or interfere with the passage of direct solar radiation to the SEF, unless Lessor has received prior written approval from Lessee for any such trees, structures, or improvements. Lessee and Lessor further agree to execute and record such instruments or addenda to this Agreement as may be required under applicable State or local law to evidence the solar covenant made in this Section 2.4 3. . Term; Termination. The term of this Agreement shall commence on the Effective Date and shall expire on July 1, 2020 (the “Term”); provided however, unless Lessor has exercised its Buyout Option under Section 7.6 4. of the Solar Services Agreement, Lessee’s right to access the Premises shall survive for a period of sixty (60) days following the expiration or earlier termination of this Agreement for the sole purpose of removing the SEF from the Premises. Without limiting the generality of the foregoing, if construction of the SEF does not commence within one (1) year of the Effective Date, this Agreement shall terminate by its terms and shall be of no further force or effect, unless otherwise agreed in writing by the Parties. Upon the expiration or earlier termination of the Solar Services Agreement, Lessee shall quitclaim and surrender to Lessor all of Lessee’s right, title, and interest in and to the Premises by executing and recording a quitclaim deed or other instrument evidencing the termination of this Agreement. Rent and Leasehold Excise Tax The Lessee shall also pay leasehold excise tax ifas required by Chapter 82.29A RCW as now stated or hereafter amended. For purposes of leasehold excise tax, taxable rent for the lease . As consideration for the rights and interests granted by Lessor under this Agreement, Lessee shall pay Lessor the amounts set forth on the rent schedule attached to this Agreement and incorporated herein by this reference (the “Rent Schedule”). Lessor and Lessee agree that the Rent Schedule shall be redacted for purposes of recording this Agreement in the real property records of Snohomish County, Washington. Comment [A3]: ok Comment [A4]: http://apps.leg.wa.gov/rcw/defau lt.aspx?cite=82.29A.130 (8) states that rents under $250/year are exempt from leasehold excise tax. Additional support in the WAC: http://apps.leg.wa.gov/wac/default.aspx?cite=458- 29A-400. We propose adjusting the rent rate to meet the threshold for exemption and thereby streamline administration for both parties. I adjusted this section and the Rent Schedule accordingly. Packet Page 295 of 348 {WSS840944.DOC;1\00006.900000\ } 4 space/area has been determined to be $XX.XX3 per kW of solar capacity installed per monthyear. The leasehold excise tax rate at the time of execution of this agreement is 12.84%. The maximum rent Lessor may pay for a 75kW solar power system is $225 per year. 82.29A.130 (8) states that leasehold interests for which annual taxable rent is less than two hundred fifty dollars per year are exempt from Leasehold Exchise Tax As a result, Lessee shall also pay the Lessor $YY.YY0.00 per monthyear in leasehold excise tax during the duration of the lease. Both taxable rent and leasehold excise tax rate shall be revised accordingly, if necessary, as a result of any amendment to Chapter 82.29A RCW and/or determination by any agency collecting or enforcing leasehold excise tax that additional amounts are owed. Lessee shall be responsible for and pay all past due leasehold excise tax, plus interest and penalties, if any, and all future leasehold excise tax owed under this agreement as determined by said agency pursuant to Chapter 82.29A RCW. 5. Additional Rights of Lessee 5.1 . Temporary Construction Laydown Area. 5.2 Lessor shall make available within the Project Area a temporary location for the assemblage of materials to construct, erect, and install the SEF (such area, a “Laydown Area”) for a period not to exceed twenty (20) business days. Upon completion of construction and installation of the SEF, Lessee will remove all materials from the Laydown Area and will restore the Laydown Area to substantially the same condition in which it existed immediately prior to Lessee’s use. Signage. Lessee shall have the right to erect, modify, and maintain signage on the Premises with respect to the Solar Energy Facility and to Lessee’s interests therein. Such signage shall be in the form, placed in the location, and according to the design set forth on the attached Exhibit C 6. and incorporated herein by this reference. Design and Construction of Solar Energy Facility; Acknowledgment of Lessor 6.1 . Design and Construction 6.2 . Lessee shall mount the solar panelsSEF on ballast trays with concrete blocks sand bags and shall not physically attach the SEF solar panels to the Premises; provided, however, Lessee may make limited penetrations of the Premises, as described in the Solar Services Agreement, to install, route, and maintain electrical wiring from the SEF to the Property. Structural evaluation will be provided by a licensed engineer. Any and all changes or deviations from approved plans and specifications set forth in the Solar Services Agreement shall require written notification to Lessor and Lessor’s written prior approval, which approval shall not be unreasonably withheld. Lessee shall provide to Lessor a construction schedule, and Lessee and Lessor shall coordinate construction of the SEF so as to minimize disruption to the Property, the Premises, and Lessor’s activities thereon. Acknowledgment of Lessor. Lessor hereby consents to the construction of the SEF solely in accordance with the plans and specifications set forth on the attached Exhibit B Comment [A5]: Note new language . Lessor acknowledges that the SEF may weigh more than up to [_____] pounds in the aggregate. Lessor has provided data to Lessee concerning the construction, specifications, and condition of the Premises, and warrants that the data is accurate to the best of Lessor’s knowledge. Formatted: Font: (Default) Times New Roman, 12 pt Comment [A6]: ok Packet Page 296 of 348 {WSS840944.DOC;1\00006.900000\ } 5 7. Maintenance of the Premises; Security 7.1 . Maintenance 7.2 . During the Term, Lessee shall, at Lessee’s sole cost and expense, maintain the SEF and the Project Area in accordance with all applicable laws, rules, ordinances, orders, and regulations of all governmental agencies. Clean Condition 7.3 . Lessee shall not unreasonably clutter the Premises or the Project Area, and shall collect and dispose of any and all of Lessee’s refuse and trash. Security 8. . Lessee shall provide all security measures that Lessee determines are or may be reasonably necessary for the SEF. Such measures may, but will not necessarily, include warning signs, closed and locked doors or gates, and other measures appropriate and reasonable to protect against damage or destruction of the SEF or injury or damage to persons or property resulting from the SEF and Operations. Lessee acknowledges that the Premises are part of a public building complex and no security measure taken by Lessee to secure the SEF on the Premises shall restrict public access to public areas or services on the Property. Lessor’s Representations and Warranties 8.1 . Authority; No Third-Party Rights 8.2 . Lessor represents and warrants to Lessee that there are no circumstances known to Lessor and no commitments to third parties that may damage, impair, or otherwise adversely affect the SEF or its function by blocking sunlight to the SEF. Lessor covenants that Lessor has lawful title to the Property and full right to enter into this Agreement. No Interference 8.3 . Lessor hereby agrees, for itself, its agents, employees, representatives, successors, and assigns, that it will not initiate or conduct activities that it knows or reasonably should know may damage, impair, or otherwise adversely affect the SEF or its functions, including without limitation activities that may adversely affect the SEF’s exposure to sunlight. Lessor further covenants for itself and its agents, employees, representatives, successors, and assigns that it will not (i) materially interfere with or prohibit the free and complete use and enjoyment by Lessee of its rights granted under this Agreement; (ii) take any action that will materially interfere with the availability and accessibility of solar radiation over and above the Premises; (iii) take any action that will or may materially interfere with the transmission of electrical energy to or from the Premises; (iv) take any action that may impair Lessee’s access to the Premises for the purposes specified in this Agreement; (v) plant or maintain any vegetation or erect or maintain any structure that will, during daylight, cast a shadow on the SEF; or (vi) take any action that may impair Lessee’s access to any portion of the SEF. SEF Property of Lessee; Transfer of the Property. Lessor acknowledges and agrees that Lessee is the exclusive owner and operator of the SEF, that no portion or component of the SEF is a fixture, and that the SEF may not be sold, leased, assigned, mortgaged, pledged, or otherwise alienated or encumbered with the conveyance of any fee or leasehold interest in or to the Property (any such conveyance, a “Transfer”). Lessor shall give Lessee at least ten (10) Business Days’ written notice prior to any Transfer of all or any portion of the Property. Any Packet Page 297 of 348 {WSS840944.DOC;1\00006.900000\ } 6 such notice shall identify the transferee, the portion of the Property to be transferred, and the proposed date of the Transfer. This Agreement and the lease and rights granted to Lessee herein shall survive any Transfer. Packet Page 298 of 348 {WSS840944.DOC;1\00006.900000\ } 7 9. Default; Remedies 9.1 . Lessee Default 9.1.1 Lessee breaches any material term of this Agreement, and (A) if such breach is capable of being cured within thirty (30) days after notice from Lessor of such breach, Lessee has failed to cure the breach within such thirty (30) day period, or (B) if Lessee has diligently commenced work to cure such breach during such thirty (30) day period but such breach is not capable of cure within such period, Lessee has failed to cure the breach within a further thirty (30) day period (such aggregate period not to exceed sixty (60) days from the date of Lessor’s notice). Lessor shall give notice of a Lessee Default to any Lender (as defined in the Solar Services Agreement) of which Lessor has notice, and the rights of any such Lender as provided in . The following events shall be defaults with respect to Lessee (each, a “Lessee Default”): Section 12 9.1.2 Lessee makes an unauthorized roof penetration; of the Solar Services Agreement shall apply without limitation to any Lessee Default under this Agreement. 9.1.3 (A) Lessee commences a voluntary case under any bankruptcy law; (B) Lessee fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against Lessee in an involuntary case under any bankruptcy law; or (C) any involuntary bankruptcy proceeding commenced against Lessee remains undismissed or undischarged for a period of sixty (60) days. 9.2 Lessor’s Remedies. If a Lessee Default described in Section 9.1.2 has occurred, this Agreement shall terminate automatically (without requirement of notice). Subject to the rights of any Lender of which Lessor has notice, as set forth in the Solar Services Agreement, if a Lessee Default described in Section 9.1.1 9.3 has occurred and is continuing, Lessor may terminate this Agreement by written notice to Lessee following the expiration of the applicable cure period. In the event of a Lessee Default, Lessor may also exercise any other remedy it may have at law or equity. Lessor Defaults 9.3.1 Lessor breaches any material term of this Agreement, and (A) if such breach is capable of being cured within thirty (30) days after Lessee’s notice of such breach, Lessor has failed to cure the breach within such thirty (30) day period, or (B) if Lessor has diligently commenced work to cure such breach during such thirty (30) day period but such breach is not capable of cure within such period, Lessor has failed to cure the breach within a further thirty (30) day period (such aggregate period not to exceed sixty (60) days from the date of Lessee’s notice); . The following events shall be defaults with respect to Lessor (each, a “Lessor Default”): 9.3.2 (A) Lessor commences a voluntary case under any bankruptcy law; (B) Lessor fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against Lessor in an involuntary case under any bankruptcy law; or (C) any Packet Page 299 of 348 {WSS840944.DOC;1\00006.900000\ } 8 involuntary bankruptcy proceeding commenced against Lessor remains undismissed or undischarged for a period of sixty (60) days. 9.4 Lessee’s Remedies. If a Lessor Default described in Section 9.3.1 or 9.3.2 10. has occurred and is continuing, Lessee may terminate this Agreement immediately upon the expiration of the respective cure periods set forth in such provisions, and in addition to any other remedy hereunder, Lessee may terminate the Solar Services Agreement and pursue all available remedies thereunder. In addition, upon a Lessor Default, Lessee may pursue any other remedy given under this Agreement or now or hereafter existing at law or in equity or otherwise. Insurance 11. . At all times during the term of this Agreement, Lessee and Lessor shall each, at its own respective cost and expense, obtain and maintain in effect the insurance policies and limits set forth in the Solar Services Agreement. Liability; Indemnity 12. . The Parties agree to indemnify and hold each other harmless from any claim, loss or litigation of any kind or nature arising from or out of the performance or execution of any term of this Agreement. The “Parties” shall mean the officers, agents, and employees of each party. This right of indemnification shall include any tortious or criminal act as well as acts of negligence committed by a party, its officers, agents, or employees. To the extent necessary to fully enforce this Agreement, each party waives any immunity which it may have under Title 51 RCW. NO CONSEQUENTIAL DAMAGES 13. . NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, NEITHER LESSEE NOR LESSOR SHALL BE LIABLE TO THE OTHER FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES, ARISING OUT OF THIS AGREEMENT. THE FOREGOING PROVISION SHALL NOT PROHIBIT LESSEE OR LESSOR FROM SEEKING AND OBTAINING GENERAL CONTRACT DAMAGES OR EQUITABLE RELIEF FOR A BREACH OF THIS AGREEMENT. Hazardous Materials 13.1 Lessor shall not violate, and shall indemnify Lessee for, from, and against, any claims, costs, damages, fees, or penalties arising from a violation (past, present, or future) by Lessor or Lessor’s agents or contractors of any federal, State, or local law, ordinance, order, or regulation relating to the generation, manufacture, production, use, storage, release or threatened release, discharge, disposal, transportation, or presence of any Hazardous Material on or under the Property. . 13.2 Lessee shall not violate, and shall indemnify Lessor against, any claims, costs, damages, fees, or penalties arising from a violation by Lessee or Lessee’s agents or contractors of any federal, State, or local law, ordinance, order, or regulation relating to the generation, manufacture, production, use, storage, release or threatened release, discharge, disposal, transportation, or presence of any Hazardous Material on or under the Property. Packet Page 300 of 348 {WSS840944.DOC;1\00006.900000\ } 9 14. Estoppel Certificate 15. . From time to time, upon written request by Lessee, Lessor shall provide within seven (7) days thereafter an estoppel certificate attesting, to the knowledge of Lessor, of Lessee’s compliance with the terms of this Agreement, or detailing any known issues of noncompliance. Assignment; Successors and Assigns; Agreement to Run With Property. Except as provided in this Section 15, neither Party shall have the right to assign any of its rights, duties, or obligations under this Agreement without the prior written consent of the other Party, which consent may not be unreasonably withheld or delayed. Lessee may assign any of its rights, duties, or obligations under this Agreement, without the consent of Lessor, (i) to one or more third parties in connection with a financing transaction or (ii) to any Person succeeding to all or substantially all of the assets of Lessee. Lessor agrees that this Agreement and the lease and rights granted to Lessee in Section 2 16. shall run with the land and survive any transfer or conveyance of the Property. Notice and Notices 16.1 . Notice 16.2 . Except as may be required by an emergency, Lessee will give Lessor reasonable written or telephonic noticed before any entry onto the Premises by Lessee’s employees, agents, or contractors. In the event of Lessee’s entry due to an emergency, Lessee will promptly notify Lessor of its entry and the nature of the emergency. Addresses for the Delivery of Notices Notice to Lessor: Notice to Lessee: . Any notice required, permitted, or contemplated hereunder shall be in writing, shall be addressed to the Party to be notified at the address set forth below or at such other address or addresses as a Party may designate for itself from time to time by notice hereunder. Such notices may also be sent by fax transmission: City Clerk Sandra S. Chase Chris Herman CITY OF EDMONDS EDMONDS COMMUNITY SOLAR COOPERATIVE 121 - 5th Avenue North 999 Northlake Way #301 Edmonds WA 98020 Seattle, WA 98103 425-775-2525 Ph: (425) 891-4001 Fax: 425-771-0252 Fax: (206) 973-5385 With a copy to: With a copy to: W. Scott Snyder Chris Herman OGDEN MURPHY WALLACE, PLLC 19420 84th Av. W. 1601 Fifth Avenue North, Suite 2100 Edmonds, WA 98026 Seattle WA 98101 206-447-7000 Ph: (206) 525-3969 Formatted: No underline Formatted: Font: (Default) Times New Roman, 12 pt, Font color: Auto Formatted: No underline Formatted: No underline Packet Page 301 of 348 {WSS840944.DOC;1\00006.900000\ } 10 Fax: 206-447-0215 Fax: 16.3 Change of Recipient or Address 17. . Either Party may, by notice given at any time or from time to time, require subsequent notices to be given to another individual Person, whether a party or an officer or representative, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. Miscellaneous 17.1 . Further Assurances. Upon the receipt of a written request from the other Party, each Party shall execute such additional documents, instruments, and assurances and take such additional actions as are reasonably necessary and desirable to carry out the terms and intent hereof. Neither Party shall unreasonably withhold, condition, or delay its compliance with any reasonable request made pursuant to this Section 17.1 17.2 . Quiet Enjoyment 17.3 . Lessor covenants and warrants that Lessee shall peacefully hold and enjoy all of the rights granted by this Agreement for its entire Term without hindrance or interruption by Lessor or any person lawfully or equitably claiming by, through, under or superior to Lessor subject to the terms of this Agreement. No Partnership or Sale 17.4 . Nothing contained in this Agreement shall be deemed or construed by the Parties or by any third person to create the relationship of principal and agent, partnership, joint venture, buyer and seller of electrical energy, or any other association between Lessor and Lessee, other than the relationship of Lessor and Lessee. Severability 17.5 . In the event that any provisions of this Agreement are held to be unenforceable or invalid by any court or regulatory agency of competent jurisdiction, Lessor and Lessee shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purposes of this Agreement, and the validity and enforceability of the remaining provisions shall not be affected by it. Headings 17.6 . The headings in this Agreement are solely for convenience and ease of reference and shall have no effect on interpreting the meaning of any provision of this Agreement. Recordation 17.7 . Lessee may, at its sole cost and expense, record in the real property records of Snohomish County, Washington, this Agreement provided that all payment terms shall be redacted for such recording purposes. Amendments. This Agreement may be amended only in writing signed by Lessee and Lessor, or their respective successors in interest. Packet Page 302 of 348 {WSS840944.DOC;1\00006.900000\ } 11 17.8 Counterparts 17.9 . This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Binding Effect 17.10 . This Agreement and the rights, privileges, duties, and obligations of the Parties as set forth herein shall inure to the benefit of and be binding upon each of the Parties, together with their respective successors and assigns. Entire Agreement; Waivers [SIGNATURE PAGES FOLLOW] . This Agreement constitutes the entire agreement between the Parties and supersedes the terms of any previous agreements or understandings, oral or written. Any waiver of this Agreement must be in writing. Either Party's waiver of any breach or failure to enforce any of the terms of this Agreement shall not affect or waive that Party's right to enforce any other term of this Agreement. Packet Page 303 of 348 {WSS840944.DOC;1\00006.900000\ } 12 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. LESSOR: LESSEE: CITY OF EDMONDS EDMONDS COMMUNITY SOLAR COOPERATIVE, a Washington Cooperative Association By: [__________________________] By:[_____________________________________] Mayor Mike Cooper Chris Herman Its: [_____________________________________]President & Chairperson ATTEST/AUTHENTICATED: By: [__________________________] Sandra S. Chase, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: [__________________________] W. Scott Snyder Packet Page 304 of 348 {WSS840944.DOC;1\00006.900000\ } Exhibit A EXHIBIT A DESCRIPTION OF PROPERTY Packet Page 305 of 348 {WSS840944.DOC;1\00006.900000\ } Exhibit A-1 EXHIBIT A-1 DEPICTION OF PREMISES Packet Page 306 of 348 {WSS840944.DOC;1\00006.900000\ } Exhibit A-2 EXHIBIT A-2 DESCRIPTION AND DEPICTION OF THE PROJECT AREA Frances Anderson Center, 700 Main Street, Edmonds WA, 98020 Potential locations of solar equipment highlighted in Red Squares Packet Page 307 of 348 {WSS840944.DOC;1\00006.900000\ } Exhibit A-2 Comment [A7]: Adjusted expected areas to remove the central building from consideration, it is a historical structure and as such cannot host solar equipment. Also added front section facing Main Street for consideration. Packet Page 308 of 348 {WSS840944.DOC;1\00006.900000\ } Exhibit B EXHIBIT B SOLAR ENERGY FACILITY SPECIFICATIONS To be Provided by the Cooperative’s designated Solar Power System Designer Packet Page 309 of 348 {WSS840944.DOC;1\00006.900000\ } Exhibit C EXHIBIT C FORM AND DESIGN OF LESSEE’S SIGNAGE To be provided by the Cooperative after Solar Site Design is Delivered. City of Edmonds will have prior approval of format, content and location of all signage. Packet Page 310 of 348 {WSS840944.DOC;1\00006.900000\ } RENT SCHEDULE Edmonds Community Power Cooperative shall pay to the City of Edmonds an annual lease payment of $310 per kilowatt of nameplate solar power capacity the Cooperative places on City property for the current year. The lease payment will be due within 10 days of the beginning of each year this contract is in force. For example, if the cooperative installs 7550 kilowatts of solar power capacity the cooperative will pay $310 x 50 75 kilowatts = $225500 per year. Comment [A8]: http://apps.leg.wa.gov/rcw/defau lt.aspx?cite=82.29A.130 (8) states that rents under $250/year are exempt from leasehold excise tax. Additional support in the WAC: http://apps.leg.wa.gov/wac/default.aspx?cite=458- 29A-400. We propose adjusting the rent rate to meet the threshold for exemption and thereby streamline administration for both parties. Packet Page 311 of 348 SOLAR POWER ENERGY SERVICES AGREEMENT COVER SHEET OF TERMS {WSS840942.DOC;1\00006.900000\ } Seller: Edmonds Community Solar Cooperative a Washington Cooperative Association Address: C/O Tangerine Power 999 Northlake Way #301 Seattle, WA 98103 Contact: Stanley Florek Tel. (425) 891-4001 Customer: City of Edmonds Address: 121 5th Ave No Edmonds, WA 98020 Contact: [__________________] Premises: As described on the attached Exhibit A. Type of Structure (if applicable): Frances Anderson Center Roof Owner of Premises: City of Edmonds Estimated Construction Commencement Date: March 1, 2011 Agreement Termination Date: Feb 28, 2021 Solar Energy Facility: Specifications: Up to 375 –Silicon-Energy Cascade Series 200w PV modules (WA) or equivalent products Up to 18 – Silicon-Energy SIE-4.2 Commercial Inverters or equivalent products Fixed roof mounted ballast trays As more particularly set forth on Exhibit A. Estimated Annual Output: As set forth on Exhibit B. Energy Price: As set forth on Exhibit B. Delivery Point: As set forth on Exhibit A. Net Metering Agreement: Attached as Exhibit E. Packet Page 312 of 348 {WSS840942.DOC;1\00006.900000\ } 1 SOLAR POWER ENERGY SERVICES AGREEMENT This SOLAR ENERGY SERVICES AGREEMENT (this “Agreement”) is made and entered into as of [_____________________] (the “Effective Date”) by and between EDMONDS COMMUNITY SOLAR COOPERATIVE, a Washington cooperative association (“Seller”) and the CITY OF EDMONDS, a Washington State Municipal Corporation (“Customer”) for the installation of a Solar Energy Facility (defined below) on certain real property owned by Customer (the “Premises”) as more particularly described on the attached Exhibit A, and the production and sale of solar electricity therefrom (all as more particularly described herein). Seller and Customer hereby agree as follows: 1. DEFINITIONS. Capitalized terms used but not otherwise defined in this Agreement shall have the meanings assigned to them in this Section 1 “Business Day” means any day except a Saturday, Sunday, or a Federal Reserve Bank holiday recognized by Customer by ordinance. : “Contract Term” means, collectively, the Initial Term and each Extension Term, as applicable. “Day” means a calendar day unless clearly indicated otherwise. “Delivery Point” means that point at which Energy from the Solar Energy Facility is delivered to Customer, as more particularly described and depicted on the attached Exhibit A. “Energy” means electrical energy, measured in kilowatt-hours (“kWh”) that is produced by the Solar Energy Facility. “Energy Price” means, as of the Effective Date, $.05/kWh, escalating annually by three percent (3%) as set forth on Exhibit B. “Environmental Attributes” means any and all environmental benefits, air quality credits, emissions reductions, offsets, and allowances, howsoever entitled, directly attributable to the energy generated from the Solar Energy Facility and its displacement of energy generation by conventional nonrenewable, and/or carbon based fuel sources. Environmental Attributes include but are not limited to: (1) any benefit accruing from the renewable nature of the generation’s motive source, (2) any avoided emissions of pollutants to the air, soil or water (such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO), and other pollutants other than those that are regulated pursuant to state or federal law); (3) any avoided emissions of carbon dioxide (CO2), methane (CH4) and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere; (4) any property rights that may exist with respect to the foregoing attributes howsoever entitled, and (5) any reporting rights to these avoided emissions such as Green Tag Reporting Rights (as defined below). Environmental Attributes do not include (i) any energy, capacity, reliability or other Comment [A1]: ok Packet Page 313 of 348 {WSS840942.DOC;1\00006.900000\ } 2 power attributes from the SEF, (ii) federal, state or local investment tax credits associated with the construction or operation of the energy projects; (iii) any other financial incentives in the form of credits, reductions, or allowances associated with the Solar Energy Facility that are applicable to a local, state or federal income taxation obligation, (iv) grants or subsidies in support of renewable energy, or (v) emission reduction credits encumbered or used by the Solar Energy Facility for compliance with local, state, or federal operating and/or air quality permits. “Environmental Incentives” include, but are not limited to, (i) federal, state, or local tax credits associated with the construction, ownership, or production of electricity from the Solar Energy Facility; (ii) any other financial incentives in the form of credits, reductions, or allowances associated with the Solar Energy Facility that are applicable to a local, state, or federal income taxation obligation; and (iii) grants or subsidies for which the Solar Energy Facility may be eligible. Environmental Incentives do not include Environmental Attributes or Green Tag Reporting Rights. “Estimated Annual Production” means the anticipated Energy output of the Solar Energy Facility as set forth on the attached Exhibit B. “Extension Term(s)” means up to two (2) consecutive period(s) of two (2) years immediately following the Initial Term, each, upon mutual agreement of Seller and Customer delivered in writing not less than 180 days prior to expiration of Initial Term or the applicable Extension Term. “Force Majeure” means any act or event that delays or prevents a Party from timely performing its obligations under this Agreement or from complying with conditions required under this Agreement if such act or event, despite the exercise of reasonable efforts, cannot be avoided or mitigated by, and is beyond the reasonable control of and without the fault or negligence of the Party relying thereon as justification for such delay, nonperformance, or noncompliance. Without limiting the generality of the foregoing, so long as the following events, despite the exercise of reasonable efforts, cannot be avoided or mitigated by, and are beyond the reasonable control of and without the fault or negligence of the Party relying thereon as justification for such delay, nonperformance or noncompliance, then Force Majeure may include without limitation: an act of God or the elements, site conditions, extreme or severe weather conditions, explosion, fire, epidemic, landslide, mudslide, sabotage, terrorism, lightning, earthquake, flood or similar cataclysmic event, an act of public enemy, war, blockade, civil insurrection, riot, civil disturbance or strike or other labor difficulty caused or suffered by a Party or any third party beyond the reasonable control of such Party. However, financial cost alone or as the principal factor shall not constitute grounds for a claim of Force Majeure. “Green Tag” means a commercially recognized unit representing the value or amounts of Environmental Attributes. “Green Tag Reporting Rights” means the right of a green tag buyer to report the ownership of accumulated green tags in compliance with federal or state law, if applicable, to a federal or state buyer or any other party at the green tag buyer’s discretion. Such rights include without limitation those green tag reporting rights accruing under Section 1605(b) of The Energy Packet Page 314 of 348 {WSS840942.DOC;1\00006.900000\ } 3 Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. “Governmental Authorities” means the United States of America, the State, and any political subdivision thereof and any agency, department, commission, board, court or instrumentality thereof. “Initial Term” means a period of ten (10) years commencing on the Commercial Operation Date (as defined in Section 5.1) and expiring on the 10th anniversary thereof. “Interest Rate” means an annual rate equal to: (a) the rate published in The Wall Street Journal as the “Prime Rate” (or, if more than one rate is published, the arithmetic mean of such rates) as of the date payment is due; plus (b) five percentage points (5%); provided, however, that in no event shall the Interest Rate exceed the maximum interest rate permitted by Law. “Law” means any applicable law, statute, regulation, rule, regulation, decision, writ, order, decree or judgment, or any interpretation thereof, promulgated or issued by federal, State, municipal, local and administrative authorities. “Lien” means any mortgage, pledge, lien (including mechanics’, labor or materialmen’s liens), charge, security interest, encumbrance or claim of any nature. “Net Metering Agreement” means that agreement between Seller and Utility dated [________________] for the interconnection and net metering of the Solar Energy Facility to the electrical grid of the Utility, which agreement is attached as Exhibit E and incorporated herein by this reference. “Person” means any individual, corporation (including, without limitation, any non-stock or non-profit corporation), limited liability company, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or governmental body. “Project Areas” means those portions of the Premises to be used by Seller for the installation, construction, access to and egress from, maintenance, repair, and removal of the SEF, as described and depicted on the attached Exhibit A-1 and incorporated herein by this reference. “Prudent Operating Practice” means the practices, methods and standards of professional care, skill and diligence engaged in or approved by a significant portion of the electric power industry for facilities of similar size, type, and design, that, in the exercise of reasonable judgment, in light of the facts known at the time, would have been expected to accomplish results consistent with Law, reliability, safety, environmental protection, applicable codes, and standards of economy and expedition. “Qualified Assignee” means any person or entity that has competent experience in the operation and maintenance of solar photovoltaic systems and is financially capable of performing Packet Page 315 of 348 {WSS840942.DOC;1\00006.900000\ } 4 Seller’s obligations under this Agreement and agrees in writing to assume Seller’s duties and obligations under this Agreement. “Renewable Energy Credit” or “REC” represents the Environmental Attributes associated with the energy produced by the SEF. Renewable Energy Credits are accumulated and reported on a MWh basis. “Replacement Energy Cost” means the difference, if any, between (1) the cost of Customer’s purchases of substitute energy at normal tariff rates from Utility, minus (2) the cost Customer would otherwise then have paid for an equivalent amount of Energy under this Agreement. “Solar Energy Facility” or “SEF” means that system for the generation and sale of solar photovoltaic–generated electrical energy described on the attached Exhibit A and incorporated herein by this reference. “State” means the State of Washington. “Utility” means Snohomish County PUD #1. 2. GRANT OF USE RIGHTS; CONSTRUCTION LAYDOWN AREA 2.1 . Premises Utilities 2.2 . Customer agrees to provide certain specified utilities to the Project Areas in connection with Seller’s construction, start-up, maintenance, repair, replacement and operation of the SEF. Customer acknowledges and agrees that Seller’s use of the Project Areas includes the nonexclusive appurtenant right to the use of such water lines, sewer lines, storm water lines, power lines, and telephone and communication lines as are reasonably necessary may be needed or desirable for installation and operation of the SEF. The specifications and their locations shall be specifically designated by mutual agreement of the parties following preliminary site review. The lines designated for use shall be agreed on in writing and that writing shall become incorporated by reference into this Lease Agreement. Construction Laydown Area 2.32.2 . Customer will use commercially reasonable efforts to provide Seller sufficient space on the Premises for the temporary storage and staging of tools, materials and equipment reasonably necessary during installation and any maintenance, repair, replacement or removal of the SEF provided that Seller will use commercially reasonable efforts to minimize disruption to Customer’s operations, and provided further that Seller understands and acknowledges that space is limited at the Premises. Customer and Seller will coordinate and cooperate in determining the amount of space and specific portion of the Premises necessary for such purposes. Solar Energy Facility Site Lease Agreement. Concurrently with the execution and delivery of this Agreement, Seller, as Lessee, and Customer, as Lessor, have entered into that certain Solar Energy Facility Site Lease Agreement (the “Lease Agreement Comment [A2]: ok with language as is and leaving specific access to after the site evaluation is completed. FYI, as discussed in email, here is what we think is needed by this project: ”), pursuant to which Customer has granted to Seller certain rights on, over, and across the Premises for the installation, maintenance, and operation of the SEF for the Contract Term on the terms and · Access to Power Lines will be required to connect the Solar power system to the building’s electrical system via and interconnect it with Snohomish PUD. Access point between the Solar array and the facility will likely be at the Utility meter but MAY be at a junction box, utility room, or other sub-network within the building. We will run conduit from the array to the interconnection point both inside and outside the building, seeking existing building penetrations and conduit where feasible. · Access to one of: telephone, cable, internet, or wireless communication from onsite sources will be required to activate remote monitoring and metering equipment on the solar array. This ensures uptime and shows community members the value of their financial contribution. We will have a tighter definition over our timing & locations of need once a preliminary site evaluation has been completed. Comment [A3]: The need to stage equipment during construction appears to be satisfied by section 5.1 of the Site Lease agreement. Packet Page 316 of 348 {WSS840942.DOC;1\00006.900000\ } 5 conditions set forth in the Lease Agreement. The Lease Agreement is incorporated herein by this reference. 3. SELLER’S RIGHTS, DUTIES AND OBLIGATIONS 3.1 . Sale of Energy. Seller will sell to Customer, and Customer will purchase from Seller, all of the Energy produced by the SEF, as and when the same is produced, at the Energy Price set forth on Exhibit B 3.2 as in effect at the time of delivery. Seller will deliver the Energy to the Delivery Point, and Customer will accept the Energy delivered for the full Contract Term. Monitoring, Metering and Billing 3.3 . Seller will provide all monitoring, metering, billing, invoicing and administrative services necessary to fulfill Seller’s duties under this Agreement. Ownership of RECs, Environmental Incentives, and Environmental Attributes 3.4 . During the Contract Term, the rights to all RECs relating to the SEF shall belong to the Seller, unless otherwise negotiated. Seller shall have all right, title and interest in and to all other credits relating to the Environmental Attributes of the SEF, all Green Tag Reporting Rights, and Environmental Incentives available under applicable law. Title to SEF 3.5 . Seller is the sole legal and beneficial owner of the SEF and all equipment (including, but not limited to, photovoltaic modules or panels, inverters, meters, wire, data monitoring equipment, and cabling) and all moveable property of Seller attached to or used in the operation of the SEF. Customer acknowledges that the SEF (i) is the personal property of Seller as defined under Article 9 of the Uniform Commercial Code as in effect in the State and (ii) shall not be deemed a part of, or fixture to, the Premises. Installation, Operation, and Maintenance of the SEF 3.6 . Seller will be responsible for the installation, operation, and maintenance of the SEF in a manner consistent with Prudent Operating Practices. If the supply of Energy from the SEF in interrupted as a result of malfunction or other shutdown, Seller shall use commercially reasonable efforts to remedy such interruption. Seller will comply with all applicable laws and regulations relating to the operation of the SEF and the generation and sale of Energy, including obtaining and maintaining in effect all relevant approvals and permits. Installation and Maintenance of the Utility Interconnection 3.7 . Seller shall comply at Seller’s sole cost with all applicable operational standards and requirements imposed by the Utility, including interconnection requirements, as stated in the Net Metering Agreement. Maintenance of Health and Safety. Seller will take all reasonable safety precautions with respect to the operation, maintenance, repair and replacement of the SEF and will comply with all applicable health and safety Laws, rules, regulations, and permit requirements. If Seller becomes aware of any circumstance relating to the Premises or the SEF that creates an imminent risk of damage or injury to any Person or any Person’s property, Seller shall take prompt action to prevent such damage or injury and will give notice of such condition to Customer’s emergency contact identified on Exhibit C. Such action may include disconnecting and removing all or a portion of the SEF, or suspending the supply of Energy to Customer. If Seller determines that the SEF should be removed to avoid an imminent risk of Packet Page 317 of 348 {WSS840942.DOC;1\00006.900000\ } 6 damage or injury to any Person or any Person’s property, Seller will comply with the same conditions and requirements that apply to a removal of the SEF at the expiration of the Contract Term as detailed in Section 7.5 3.8 . If the cause of the threat relates to the SEF itself or the actions of Seller or other Persons for whom Seller is legally responsible, such remedial action will be at Seller’s sole cost and expense. If the cause of the threat is unrelated to the SEF or the actions of Customer or other Persons for whom Customer is legally responsible, such remedial action will be at Customer’s sole cost and expense. Avoidance of Liens on the Premises; Obligation to Cure Liens 3.9 . Seller will not directly or indirectly allow any Lien by, through or under Seller, on or with respect to the Premises or any interest therein or any other asset of Customer, including, without limitation, any Lien arising from or relating to the construction, ownership, maintenance or operation of the SEF by Seller. Seller will defend and indemnify Customer against all costs and expenses (including reasonable attorneys’ fees and court costs at trial and on appeal) incurred in discharging and releasing any such Lien. Payment of Taxes and Assessments. Subject to Section 4.7 3.10 , Seller is solely responsible for all income, gross receipts, ad valorem, personal property or real property, or other similar tax relating to Seller’s ownership of the SEF. Consultation with Customer; Roof Penetrations; Cooperation. Seller will provide Customer with plans and specifications for installation of the SEF before commencing any work on the Premises, and such plans shall be subject to Customer’s approval. Section 2.3.1 of the Lease Agreement governs any roof penetration. Seller will cooperate with Customer in temporarily relocating the SEF during any periods in which roof is being repaired or replaced, subject to Section 7.4 3.11 . No Infringement 4. . Seller is responsible for ensuring that neither the SEF nor any of Seller’s services provided to Customer pursuant to this Agreement infringes on any third party’s intellectual property or other proprietary rights. 4.1 BUYER’S RIGHTS, DUTIES AND OBLIGATIONS Accept Energy. Customer shall accept at the Delivery Point all Energy produced by the SEF at the then-applicable Energy Price set forth on Exhibit B 4.2 . Assistance with Net Metering Applications, Permits and Licenses 4.3 . At Seller’s sole cost, Customer will use commercially reasonable efforts to assist Seller and cooperate with Seller, as necessary, to acquire and maintain approvals, permits, and authorizations related to the construction, operation, maintenance and repair of the SEF, including providing any building owner or occupant authorizations, and signing any applications for permits, Utility interconnection and net metering applications, and rebate applications as are required by law to be signed by Customer. Customer will deliver to Seller copies of any necessary approvals, permits, rebates or other financial incentives that are required by law in the name or physical control of Customer. Maintenance of Premises Comment [A4]: ok . Customer will maintain the roof and the Premises in good condition and repair, and will use commercially reasonable efforts to maintain Customer’s Packet Page 318 of 348 {WSS840942.DOC;1\00006.900000\ } 7 electrical energy equipment located on the Premises in good condition and repair so as to be able to receive and use the Energy generated by the SEF. Customer’s obligations are based on the estimates of the weight of the SEF provided by Seller in Sectioin 6.2 of the Lease Agreement. Customer will maintain its connection and service contract(s) with the Utility, or any successors thereto, so that Customer can, upon any suspension or interruption of delivery of Energy from the SEF, provide the Premises with its full requirements for electricity. 4.4 Rebates Belong to Seller. Any grant, rebate, incentive payment or credit paid by the Utility or any other entity resulting from or relating to the design, construction, and operation of the SEF at the Premises (a “System Rebate 4.5 ”) shall be the sole property of Seller. Any System Rebate which is initially credited or paid to Customer will be assigned by Customer to Seller without delay. At Seller’s expense, Customer agrees to cooperate with Seller in any applications for System Rebates; provided, however, Customer is not required to disclose proprietary information in connection with completing such applications. Liens 4.5.1 . Notice to Premises Lienholders and Release 4.5.2 . Customer will use reasonable commercial efforts to give effective notice of Seller’s ownership of the SEF and the SEF’s status as personal property to all parties having an interest in or Lien upon the real property and fixtures that are part of the Premises. If there is any Lien against the Premises that could reasonably be construed as prospectively attaching to the SEF as a fixture of the Premises, Customer shall use commercially reasonable efforts to obtain a disclaimer or release of such Lien. If Customer is the fee owner of the Premises, Customer consents to the filing of a disclaimer of the SEF as a fixture of the Premises in the office where real estate records are customarily filed in the jurisdiction of the Premises. Avoidance of Liens on the SEF 4.6 . Customer will not directly or indirectly allow any Lien on or with respect to the SEF by, through or under Customer. If Customer becomes aware of a Lien on the SEF by, through or under Customer, Customer will promptly give Seller written notice of such Lien and will take such action as is necessary or appropriate to have such Lien discharged and removed. Customer will indemnify Seller against all reasonable costs and expenses (including reasonable attorneys’ fees) incurred in discharging and releasing such Lien. Seller Failure to Pay Taxes and Charges 4.7 . If Customer, either directly or as a levy against the Premises, is assessed any taxes or fees that are the responsibility of Seller under this Agreement, Customer will promptly give Seller written notice of such imposition and Seller will promptly pay such taxes to avoid penalties and interest accruing on such assessments. Customer’s Taxes, Fees and Charges Comment [A5]: ok . Customer is responsible for paying all taxes, charges, levies and assessments against the Premises except to the extent such taxes, charges, levies and assessments arise directly from the installation of the SEF on the Premises. Customer is also responsible for paying all sales, use and other taxes, and any and all franchise fees or similar fees assessed against Customer as a result of Customer’s purchase of the Energy and, in the event that Customer exercises its purchase option, its purchase of the SEF, which fees are not otherwise the obligation of Seller. Packet Page 319 of 348 {WSS840942.DOC;1\00006.900000\ } 8 4.8 Security, Health and Safety. Customer will provide reasonable measures for the security of the Premises, including restricting access to the area on which the SEF is located and providing commercially reasonable monitoring of the Premises’ security alarms. Customer will use commercially reasonable efforts to maintain the Premises in a structurally sound and safe condition consistent with all applicable Laws. If Customer becomes aware of any circumstances relating to the SEF that creates an imminent risk of damage or injury to the SEF or any employee of Seller, Customer will promptly notify Seller's emergency contact identified on Exhibit C 4.9 of such threat. Notice of Damage. If Customer becomes aware of any physical conditions or other circumstances that indicate there has been or might be damage to or loss of the use of the SEF or that could reasonably be expected to adversely affect the SEF, Customer will promptly notify Seller’s emergency contact identified on Exhibit C 5. . 5.1 ACCEPTANCE TESTING, METERING, INVOICING AND PAYMENT SEF Acceptance Testing. Seller will conduct one or more tests on the SEF during installation to confirm the operation of the installed capacity of the SEF. Commercial operation will begin on the date that: (i) one hundred percent (100%) of the nameplate capacity has been installed; (ii) testing indicates that the SEF is producing Energy at no less than the nameplate capacity; (iii) the SEF has operated for a period of not fewer than five (5) hours at capacity without experiencing any abnormal or unsafe operating conditions; and (iv) Seller has acquired all permits necessary to authorize the production, sale and delivery of Energy in the intended amounts (such date, the “Commercial Operation Date 5.2 ”). Customer may attend the testing session at Customer’s own cost. Estimated Annual Production. The expected annual output of the SEF for each year of the Contract Term is set forth on Exhibit B. Customer acknowledges that the Estimated Annual Production amounts shown on Exhibit B 5.3 are estimates for planning purposes only and do not represent guaranteed levels of the delivery of Energy. Metering of Delivery 5.4 . Seller shall measure the amount of Energy supplied to Customer at the Delivery Point using a commercially available, revenue-grade metering system. Such meter shall be installed and maintained at Seller’s cost. Customer shall cooperate with Seller to enable Seller to have reasonable access to the meter as needed to inspect, repair and maintain such meter. At Seller’s option, the meter may have standard industry telemetry and/or automated meter reading capabilities to allow Seller to read the meter remotely. If Seller elects to install telemetry allowing for remote reading, Customer shall allow for the installation of necessary communication lines and shall reasonably cooperate in providing access for such installation. The meter shall be kept under seal, such seals to be broken only when the meter is to be tested, adjusted, modified or relocated. In the event that Seller breaks a seal, Seller shall notify Customer as soon as practicable. Seller shall provide Customer, for information purposes only, a monthly summary of Energy delivered to the Delivery Point. Consideration for Energy Delivered. For each year of the Contract Term, as consideration for the delivery of Energy by Seller, Customer shall pay the Energy Price set forth on Exhibit B. Packet Page 320 of 348 {WSS840942.DOC;1\00006.900000\ } 9 5.5 Invoicing 5.6 . Seller shall invoice Customer for Energy delivered within ten (10) Business Days after the end of the prior quarterly billing period. Each invoice will set out the amount of Energy delivered in kWh during the prior billing period, the then-applicable Energy Price, and the amount then due, including any taxes assessed on the delivery and sale of Energy to Customer at the Delivery Point. Such invoice shall include sufficient details so that Customer can reasonably confirm the accuracy of the invoice including, among other details, beginning and ending meter readings. Payment 5.7 . Customer shall make payment to Seller for Energy at the address specified by Seller in this Agreement. If made by mail, payment shall be posted within thirty (30) Business Days following the date Customer receives the applicable invoice. If such due date falls on a weekend or legal holiday, the due date shall be the next Business Day. Payments posted after the due date shall be considered late and shall bear Interest on the unpaid balance. Meter Verification 5.8 . Annually, or earlier if Seller has reason to believe there may be a meter malfunction, Seller will test the meter and provide copies of such tests to Customer. Each test shall be conducted by an independent third-party qualified to conduct such tests. Customer shall be notified seven (7) days in advance of each such test and have a right to be present during such test. If a meter is inaccurate, it shall be promptly repaired or replaced. If a meter is inaccurate by more than two percent (2%) and it is not known when the meter inaccuracy commenced (if such evidence exists, such date will be used to adjust prior invoices), then the invoices covering the period of time since the last meter test shall be adjusted for the amount of the inaccuracy on the assumption that the inaccuracy persisted during one-half of such period. Books and Records 5.9 . To facilitate payment and verification, Seller shall maintain all books and records necessary for billing and payments, including copies of all invoices under this Agreement, for a period of at least five (5) years, and Seller shall grant Customer reasonable access to those books, records and data at the principal place of business of Seller. Customer may examine such books and records relating to transactions under, and administration of, this Agreement, at any time during the period the records are required to be maintained, upon request with reasonable notice and during normal business hours. Payment Adjustments: Billing Errors. Payment adjustments will be made if Customer or Seller discovers any inaccuracy in invoicing, or if, pursuant to Section 5.7 6. above, there is determined to have been a meter inaccuracy sufficient to require a payment adjustment. If the required adjustment is in favor of Customer, Customer’s monthly payment shall be credited in an amount equal to the adjustment. If the required adjustment is in favor of Seller, Seller will add the adjustment amount to Customer’s next monthly invoice. Adjustments in favor of either Customer or Seller shall bear Interest until settled in full. 6.1 NOTICES Addresses for the Delivery of Notices. Any notice required, permitted, or contemplated hereunder shall be in writing, shall be addressed to the Party to be notified at the address set forth below or at such other address or addresses as a Party may designate for itself from time to time by notice hereunder. Such notices may also be sent by fax transmission: Packet Page 321 of 348 {WSS840942.DOC;1\00006.900000\ } 10 To Seller: Edmonds Community Solar Cooperative C/O Tangerine Power Corporation 999 Northlake Way, Suite 301 Seattle, WA 98103 Attention: Stanley Florek Fax No.: (206) 973-.5385 Phone No.: (425206) 425.8901891-4001 With a copy to: [________________________]Chris Herman 19420_84th Av. W[________________________] [________________________]Edmonds, WA 98026 [________________________] Fax No.: [(___)__________] Phone No.: [(___)__________](206) 525-3969 To Customer: City of Edmonds 121 5th Ave No Edmonds, WA 98020 Facsimile No.: [________________] Attn: [________________________] To Customer (invoices): City of Edmonds 121 5th Ave No Edmonds, WA 98020 Attn: [________________________] 6.2 Acceptable Means of Delivering Notice 7. . Each notice required, permitted, or contemplated hereunder shall be deemed to have been validly served, given or delivered as follows: (a) if sent by United States mail with proper first class postage prepaid, three (3) calendar days following the date of the postmark on the envelop in which such notice was deposited in the United States mail; (b) if sent by a regularly scheduled overnight delivery carrier with delivery fees either prepaid or an arrangement with such carrier made for the payment of such fees, the next Business Day after the same is delivered by the sending Party to such carrier; (c) if sent by fax and if concurrently with the transmittal of such fax the sending Party contacts the receiving Party at the phone number set forth above to indicate such fax has been sent (which indication by phone may be done by leaving a voicemail for the receiving Party at such phone number), at the time such fax is transmitted by the sending Party as shown by the fax transmittal confirmation of the sending Party; or (d) if delivered in person, upon receipt by the receiving Party. 7.1 CHANGES IN CIRCUMSTANCE; TERMINATION; PURCHASE OPTION Change in Circumstances. Packet Page 322 of 348 {WSS840942.DOC;1\00006.900000\ } 11 7.1.1 Substitution of Premises. Except to the extent this Agreement is assigned by Customer as permitted by Section 11 7.1.2 or as excused by Force Majeure, if Customer vacates the Premises prior to the expiration of this Agreement, Customer may provide Seller a mutually agreeable substitute location on which Seller may operate the SEF. The substitute location must be (a) acceptable to Seller in its reasonable discretion and (b) serviced by the same Utility as the Premises or have similar solar characteristics and local utility rates as the Premises. Customer will provide Seller not fewer than one hundred and eighty days (180) days’ written notice prior to the date on which it desires to effect such substitution. Amendment to Agreement Upon Substitution of Premises 7.1.3 . In connection with any location substitution, Customer and Seller shall amend this Agreement to identify the substitute location and set forth any modifications to the commercial terms of this Agreement. The Contract Term of any amendment will be equal to the remaining Contract Term of this Agreement. The execution and delivery of any amendment will not be deemed a termination of this Agreement triggering any Early Termination Fee. Customer will provide Seller any and all consents or releases from any owner, lessor, or mortgagee of the substituted location as may be required by Seller or Seller’s Lender in connection with the substitute location. Customer will pay all costs associated with relocation of the SEF, including all costs and expenses incurred by or on behalf of Seller in connection with: (i) removal of the SEF from the Premises; (ii) installation and testing of the SEF at the substitute location; (iii) applicable interconnection fees, permit fees, and expenses at the substitute location; (iv) new title search; and (iv) other reasonable and documented out of pocket expenses of Seller connected to preserving and re- filing any security interest in the SEF held by Seller’s Lender. Removal of SEF Upon Substitution 7.2 . If Seller and Customer have agreed upon a substitute location for the SEF, Seller will remove the SEF from the Premises within one hundred and eighty (180) days after execution of the amendment to this Agreement. Seller will restore the Premises to its original condition, except for SEF mounting pads or other support structures,weatherheads and ordinary wear and tear. Seller will take care to assure that the removal of the SEF will not affect the integrity of the Premises, which will be as leak-proof as it was prior to removal of SEF. Early Termination Rights 7.2.1 . Seller’s Early Termination Rights. In addition to any other rights to terminate under other provisions of this Agreement, Seller may terminate this Agreement at any time prior to Commercial Operation Date upon thirty (30) days written notice to Customer, without further liability except as provided herein, if Seller (a) determines that the SEF cannot be built as planned or that its construction and operation would not be economically viable for Seller; or (b) Seller in unable, after diligent efforts, to obtain or maintain required approvals from Governmental Authorities for the installation and operation of the SEF. If Seller exercises its early termination right under this Section 7.2.1 7.2.2 , Seller will reimburse Customer for any costs incurred by Customer in connection with the planned installation of the SEF and will remove, at Seller’s sole cost and expense, any portion of the SEF already installed at the Premises. Customer’s Early Termination Rights. In addition to any other rights to terminate under other provisions of this Agreement, Customer may terminate this Agreement at Packet Page 323 of 348 {WSS840942.DOC;1\00006.900000\ } 12 any time on thirty (30) days written notice to Seller, without further liability except as provided herein. In the event of termination by Customer, Customer shall pay Seller the amounts set forth below: (a) If Customer elects to terminate this Agreement pursuant to this Section 7.2.2 (b) If Customer terminates this Agreement pursuant to this prior to the commencement of physical installation of the SEF on the Premises, Customer shall pay or reimburse Seller for all reasonable and documented time and materials expenses incurred by Seller relating to the planned installation and operation of the SEF on the Premises arising on or after the Commercial Operation Date until the date of Customer’s notice of termination of this Agreement. Section 7.2.2 Customer shall pay Seller any and all amounts due under this Section 7.2.2 within fifteen (15) Business Days of being invoiced therefore by Seller. after the Commercial Operation Date, Customer will pay an amount TO BE NEGOTIATEDto be negotiated Seventy Five Thousand Dollars ($75,000) for each remaining year under the agreement as of the date the notice to terminate is received, and Customer will reimburse Seller for Seller’s reasonable and documented costs and expenses of removing the SEF. Customer understands that if the system ceases operation in the first 5 years after construction. Seller may be required under Internal Revenue Service rules to repay certain Tax Credits, Grants, and Depreciation allowances that Seller accepted under expectations of this contract.under expectation that the systemSolar Energy Facility will be in operation in its original location for at least 5 years after commissioning. 7.3 Early Termination Fee 7.3.1 . Liquidated Damages Not Penalty 7.3.2 . Customer acknowledges that the Early Termination Fee constitutes liquidated damages, and not penalties, payable in lieu of Seller’s actual damages resulting from the early termination of this Agreement. Customer further acknowledges that Seller’s actual damages may be impractical and difficult to accurately ascertain, and in accordance with Customer’s rights and obligations under this Agreement, the Early Termination Fee constitutes fair and reasonable damages to be borne by Customer in lieu of Seller’s actual damages. Termination After An Event of Default. Section 9.3 provides that Seller may terminate this Agreement if Customer is the defaulting party, and Section 9.1 7.4 provides that Customer may terminate this Agreement if Seller is the defaulting party. If Seller terminates this Agreement due to a Customer Default, Seller is entitled to receive the Early Termination Fee upon such termination. If Customer terminates this Agreement due to a Seller Default, Seller shall not be entitled to the Early Termination Fee. Temporary Closure of the Premises Comment [A6]: Our primary concern in this section for protectin g cooperative members’ and officers’ interests is IRS rules governing incentives for solar power. The solar power system must remain in place and in operation on the same property for a minimum 5 years. If the system is shut down and/or removed for any reason prior to the 6th year the IRS may “recapture” certain tax benefits from the cooperative. This recapture takes the form of a collectible obligation of the US Treasury. I am optimistic that the attached language will allow for enough certainty on both of our parts to proceed as planned. . If Customer desires or needs to conduct any type of work on the roof areas or supporting structures of the Premises, or incurs a power outage in excess of forty-eight (48) hours that will require Seller to cease making deliveries of Energy, Seller may adjust Customer’s payments to reflect Seller’s losses of income and additional Formatted: Font: Bold Packet Page 324 of 348 {WSS840942.DOC;1\00006.900000\ } 13 expenses during the period in which Energy could not be generated and delivered to Customer. The payment adjustment shall be equal to the sum of (a) Seller’s lost revenue from Energy sales based on the estimated or historical output of the SEF, as applicable; plus (b) Seller’s costs of making the required roof area available to Customer by moving, disassembling, removing, storage, re-assembling, and re-commissioning the SEF, as required; plus, (c) Seller’s lost income from any sale of Environmental Attributes. Seller will provide Customer with a calculation of the anticipated lost revenues and additional costs to be incurred by Seller. Customer will have twenty (20) calendar days to review the calculation and make, in writing, any objections to the calculation. Absent plain error, the calculation shall be binding as to the payment adjustment to be made by Customer. Customer will make a reasonable commercial effort to give Seller as much advance notice as possible, but in no event fewer than thirty (30) calendar days notice of Seller’s need to move or relocate the SEF. Customer will keep Seller notified of the anticipated date on which Seller can start reinstalling the SEF in fully functional form. Once the work is completed and the SEF is fully functional, Customer will promptly pay to Seller the full amount of the adjustment upon being invoiced by Seller. 7.5 Removal of SEF at Expiration, Early Termination or Event of Default 7.6 . Seller will remove the SEF from the Premises at the end of the Contract Term or upon any early termination of this Agreement, unless a replacement agreement is in place or being negotiated. Seller will pay all costs and expenses of removal except where Seller has terminated this Agreement due to a Customer Default. Customer shall be responsible for the costs and expenses of removal if the termination is due to a Customer Default. Removal will occur within sixty (60) days of termination, and the Premises will be returned to its original condition, except for SEF mounting pads or other support structures weatherheads and ordinary wear and tear. Seller will take commercially reasonable steps to ensure the removal of the SEF does not affect the integrity of the Premises, which will be as leak proof as it was prior to removal of SEF. If Seller fails to remove or commence substantial efforts to remove the SEF within the sixty (60)-day period, Customer has the right, at its option, to have the SEF removed and stored in a public warehouse at Seller’s cost. Customer may also undertake the restoration of the Premises to its original condition (other than SEF mounting pads or other support structuresweatherheads and ordinary wear and tear) at Seller’s cost; provided, however that Customer may not undertake any improvements or betterments to the condition of the Premises at Seller’s cost. Customer’s Purchase Option. Customer shall have the option at the end of the Initial Term and any applicable Extension Term to purchase the SEF at the Buy Out Price. Customer may exercise its purchase option by giving Seller no fewer than ninety (90) calendar days’ written notice prior to the expiration of the Initial Term or any applicable Extension Term of its interest in exercising the purchase option. If Customer provides such timely notice, the Parties shall attempt to agree on a fair market price for the SEF. If the Parties cannot agree on a value within thirty (30) calendar days after the date of Customer’s notice to Seller, fair market value shall be determined by an independent energy appraiser mutually acceptable to the Parties. In any case, ‘fair market value’ shall mean the price that would be established in an arm’s-length transaction between an informed and willing buyer and an informed and willing seller for the equipment that comprises the SEF as installed at the Premises. However, the determination of fair market value will not take into account the value of this Agreement or the Easement Agreement. Customer acknowledges that Seller makes no representation or promise as to the fair market value of the SEF at any future time. After having been informed in writing of the fair Packet Page 325 of 348 {WSS840942.DOC;1\00006.900000\ } 14 market value of the SEF for purposes of exercising its option, if Customer chooses to commit to such exercise, (i) Customer shall notify Seller in writing delivered not fewer than thirty (30) days prior to the expiration of the Initial Term or any Extension Term (as applicable), and (ii) Customer and Seller will promptly execute all documents necessary to (A) pass title to the SEF to Customer, free and clear of any Liens (except those Liens that will be paid and removed by Seller upon receipt of the Buy Out Price), (B) assign all license and other rights to Customer necessary for Customer to own, operate and maintain the SEF and (C) assign all valid and existing warranties for the SEF to Customer. Customer will pay the Buy Out Price to Seller concurrently with the passage of title to the SEF. Customer waives it right to exercise the purchase option if Customer does not give Seller timely written notice of Customer’s intent to exercise. 8. FORCE MAJEURE 8.1 No Liability If a Force Majeure Event Occurs 8.2 . Neither Seller nor Customer will liable to the other in the event it is prevented from performing its obligations hereunder in whole or in part due to an event of Force Majeure. The Party unable to fulfill any obligation by reason of a Force Majeure shall take all action necessary to remove such inability with all due speed and diligence. The nonperforming party will be prompt and diligent in attempting to remove the cause of its failure to perform, and nothing herein shall be construed as permitting such Party to continue to fail to perform after said cause has been removed; provided, however, the obligation to use due diligence shall not be interpreted to require resolution of labor disputes by acceding to demands of the opposition when such course is inadvisable in the discretion of the party having such difficulty. The occurrence and continuation of an event of Force Majeure shall not suspend or excuse the obligation of a party to make any payments due hereunder. Notice 9. DEFAULTS/REMEDIES . In the event of any delay or nonperformance resulting from an event of Force Majeure, the party suffering the event of Force Majeure shall, as soon as practicable, notify the other party in writing of the nature, cause, date of commencement thereof and the anticipated extent of any delay or interruption in performance; provided, however, that a party’s failure to give timely notice shall not affect such party’s ability to assert Force Majeure unless the delay in giving notice prejudices the other party. 9.1 Seller Defaults. The following events shall be defaults with respect to Seller (each, a “Seller Default 9.1.1 Seller fails to pay any undisputed amounts due Customer pursuant to this Agreement or the incorporated Lease Agreement, and such breach remains uncured for fifteen (15) Business Days following notice of such breach to Seller; ”): 9.1.2 Seller breaches any material term of this Agreement, or the Lease Agreement, and (A) if such breach is capable of being cured within thirty (30) days after Customer’s notice of such breach, Seller has failed to cure the breach within such thirty (30) day period, or (B) if Seller has diligently commenced work to cure such breach during such thirty (30) day period but such breach is not capable of cure within such period, Seller has failed to Comment [A7]: ok Comment [A8]: ok Packet Page 326 of 348 {WSS840942.DOC;1\00006.900000\ } 15 cure the breach within a further thirty (30) day period (such aggregate period not to exceed sixty (60) days from the date of Customer’s notice; or 9.1.3 (A) Seller commences a voluntary case under any bankruptcy law; (B) Seller fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against Seller in an involuntary case under any bankruptcy law; or (C) any involuntary bankruptcy proceeding commenced against Seller remains undismissed or undischarged for a period of sixty (60) days. 9.2 Customer’s Remedies. If a Seller Default described in Section 9.1.3 has occurred, this Agreement shall terminate automatically (without requirement of notice). If a Seller Default described in Sections 9.1.1 or 9.1.2 9.3 has occurred and is continuing, Customer may terminate this Agreement by written notice to Seller following the expiration of the applicable cure period. In the event of a Seller Default, Customer may also exercise any other remedy it may have at law or equity. Customer Defaults. The following events shall be defaults with respect to Customer (each, a “Customer Default 9.3.1 Customer fails to pay any undisputed amounts due Seller pursuant to this Agreement and such breach remains uncured for fifteen (15) Business Days following notice of such breach to Seller; ”): 9.3.2 Customer breaches any material term of this Agreement, and (A) if such breach is capable of being cured within thirty (30) days after Seller’s notice of such breach, Customer has failed to cure the breach within such thirty (30) day period, or (B) if Customer has diligently commenced work to cure such breach during such thirty (30) day period but such breach is not capable of cure within such period, Customer has failed to cure the breach within a further thirty (30) day period (such aggregate period not to exceed sixty (60) days from the date of Seller’s notice); 9.3.3 (A) Customer commences a voluntary case under any bankruptcy law; (B) Customer fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against Customer in an involuntary case under any bankruptcy law; or (C) any involuntary bankruptcy proceeding commenced against Customer remains undismissed or undischarged for a period of sixty (60) days; 9.3.4 Customer (A) refuses to sign authorizations needed to obtain any Environmental Attributes or Environmental Incentives, (B) causes any material change to the condition of the Premises that has a material adverse effect on the SEF, or (C) purposefully causes a breach of any term of the Net Metering Agreement. 9.4 Seller’s Remedies. If a Customer Default described in Sections 9.3.1, 9.3.2 or 9.3.4 has occurred and is continuing, Seller may terminate this Agreement immediately upon the expiration of the respective cure periods set forth in such provisions; and in addition to any other remedy hereunder, Seller may (i) discontinue delivering Energy from the SEF to the Premises, (ii) remove the SEF from the Premises in compliance with the terms of this Agreement, and (iii) invoice Customer for the Early Termination Fee pursuant to Section 7.3.2. If a Customer Packet Page 327 of 348 {WSS840942.DOC;1\00006.900000\ } 16 Default described in Section 9.3.3 10. LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES has occurred and is continuing, Seller may terminate this Agreement upon fifteen (15) calendar days’ prior notice to Customer. Following the occurrence of a Customer Default, Seller shall use commercially reasonable efforts to redeploy the SEF in another location in order to mitigate its damages but shall be under no obligation to redeploy the SEF on terms that Seller, in its own commercially reasonable discretion, determines to be commercially unacceptable. In addition, upon a Customer Default, Seller may pursue any other remedy given under this Agreement or now or hereafter existing at law or in equity or otherwise. 10.1 LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED FOR IN SECTIONS 14.1 AND 14.2 10.2 OF THIS AGREEMENT RELATING TO INDEMNIFICATION OBLIGATIONS OF SELLER AND CUSTOMER, NEITHER SELLER, BUYER CUSTOMER OR ANY OF THEIR RESPECTIVE INDEMNIFIED PERSONS SHALL BE LIABLE TO THE OTHER OR ITS INDEMNIFIED PERSONS FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOSSES OR DAMAGES FOR LOST REVENUE OR LOST PROFITS, WHETHER FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, OTHER THAN INDEMNITY OBLIGATIONS WITH RESPECT TO THIRD-PARTY CLAIMS. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, SELLER’S AND BUYER’S CUSTOMER’S MAXIMUM LIABILITY TO THE OTHER PARTY, EXCEPT INDEMNITY OBLIGATIONS IN RESPECT OF PERSONAL INJURY, PROPERTY DAMAGE AND INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, UNDER THIS AGREEMENT SHALL BE LIMITED, IN THE AGGREGATE, TO THE DIFFERENCE BETWEEN THE ENERGY PRICE CUSTOMER WOULD PAY UNDER THIS AGREEMENT AND CUSTOMER'S REPLACEMENT ENERGY COST DURING THE INITIAL TERM. EXCLUSION OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 3.5, 3.6, AND 3.7 11. ASSIGNMENT , THE INSTALLATION WORK, SEF OPERATIONS, AND MAINTENANCE SERVICES PROVIDED BY SELLER TO CUSTOMER PURSUANT TO THIS AGREEMENT SHALL BE “AS-IS WHERE-IS.” NO OTHER WARRANTY TO CUSTOMER OR ANY OTHER PERSON, WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO THE INSTALLATION, DESIGN, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SOLAR ENERGY FACILITY OR AS TO ANY OTHER MATTER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY SELLER. 11.1 General Prohibition on Assignments. Except as provided in this Section 11 and Section 12, neither party shall have the right to assign any of its rights, duties or obligations under this Agreement without the prior written consent of the other party, which consent may not be unreasonably withheld or delayed. Seller may assign any of its rights, duties or obligations under this Agreement, without the consent of Customer, (i) to one or more of its affiliates, (ii) to Packet Page 328 of 348 {WSS840942.DOC;1\00006.900000\ } 17 one or more third parties in connection with a financing transaction, (iii) to any Person succeeding to all or substantially all of the assets of Seller, or (v) to a successor entity in a merger or acquisition transaction. 11.2 Change of Control of Seller 11.3 . Any direct or indirect change of control of Seller (whether voluntary or by operation of law) shall be deemed an assignment that shall not require the prior written consent of Customer. Change of Control of Customer; Sale of Premises 12. LENDER ACCOMMODATIONS . Upon ten (10) Business Days’ prior written notice to Seller but without Seller’s consent, Customer may assign its interests in this Agreement to any Person that has acquired title to the Premises or any Person that has acquired title to all or substantially all of Customer’s assets or business, whether by merger, acquisition or otherwise. Customer will be released from all obligations and liabilities under this Agreement only to the extent the proposed assignee assumes in writing, prior to such assignment purporting to become effective, all of Customer’s obligations and liabilities under this Agreement and delivers to Seller evidence satisfactory to Seller demonstrating such Person’s financial capability to perform all of Customer’s obligations under this Agreement. In the event of a transfer or sale of the Premises that does not result in the assumption of this Agreement by a Person meeting the qualifications set forth above, Customer shall not be so released. 12.1 Customer Acknowledgment. Customer acknowledges that Seller may finance the SEF with financing accommodations from one or more financial institutions and that if financed, Seller’s obligations will be secured by, among other collateral, a pledge or collateral assignment of this Agreement and a first security interest in the SEF. In order to facilitate such financing, and with respect to any such financial institutions of which Seller has notified Customer in writing (each, a “Lender 12.1.1 ”), Customer agrees as follows: Consent to Collateral Assignment 12.1.2 . Seller shall have the right to assign this Agreement as collateral for financing or refinancing of the SEF, and Customer hereby consents to the collateral assignment by Seller to any Lender of Seller’s right, title and interest in and to this Agreement. Lender’s Rights Following an Event of Default (a) Lender, as collateral assignee, shall be entitled to exercise, in the place and stead of Seller, any and all rights and remedies of Seller under this Agreement in accordance with the terms of this Agreement. Lender shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement and the SEF. . Notwithstanding any contrary term of this Agreement: (b) Lender shall have the right, but not the obligation, to pay all sums due under this Agreement and to perform any other act, duty or obligation required of Seller hereunder or cause to be cured any default or event of default of Seller in the time and manner provided by the terms of this Agreement. Nothing herein requires Lender to cure any default of Seller (unless Lender has succeeded to Seller’s interests) to perform Packet Page 329 of 348 {WSS840942.DOC;1\00006.900000\ } 18 any act, duty or obligation of Seller, but Customer hereby gives Lender the option to do so. (c) Upon the exercise of remedies under its security interest in the SEF, including any sale thereof by Lender, whether by judicial proceeding or under any power of sale, or any conveyance from Seller to Lender, Lender will give notice to Customer of the transferee or assignee of this Agreement; provided however, that any sale, transfer or other disposition of the SEF by Lender, whether by judicial proceeding or otherwise, shall be made to a Qualified Assignee. Any such exercise of remedies shall not constitute a Seller Default. (d) Upon any rejection or other termination of this Agreement pursuant to any process undertaken with respect to Seller under the United States Bankruptcy Code, at the request of Lender made within ninety (90) days of such termination or rejection, Customer will enter into a new power purchase and use agreement with Lender or its Qualified Assignee on substantially the same terms as this Agreement. 12.1.3 Customer will not exercise any right to terminate or suspend this Agreement unless Customer has given each Lender of which Customer has notice prior written notice. Customer’s notice of intent to terminate or suspend must specify the condition giving rise to such right. Lender has the longer of thirty (30) Business Days or the cure period allowed for a default of that type under this Agreement to cure the condition; provided that if the condition cannot be cured within such time but can be cured within the extended period, Lender may have up to an additional ninety thirty (9030) days to cure if Lender commence to cure the condition within the thirty Business Day cure period and diligently pursues the cure thereafter. Customer’s and Seller’s obligations under this Agreement will otherwise remain in effect and required to be fully performed during any cure period. 12.1.4 If Lender or its Qualified Assignee (including any purchaser that meets the definition of a Qualified Assignee) will acquire title to or control of Seller’s assets and cures all defaults existing as of the date of such change in title or control within the time allowed by Section 12.1.3 12.2 , then this Agreement will continue in full force and effect. Notice of Defaults and Events of Default 13. GOVERNING LAW; DISPUTE RESOLUTION . Customer agrees to deliver to Lender a copy of any notice of a default or event of default that Customer delivers to Seller. 13.1 Governing Law; Jurisdiction; Venue 13.2 . This Agreement is governed by and shall be interpreted in accordance with the laws of the State, without regard to principles of conflicts of law. EACH PARTY WAIVES ITS RESPECTIVE RIGHT TO ANY JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. Dispute Resolution Comment [A9]: ok . In the event of any dispute between the Parties arising out of or relating to this Agreement, or the breach thereof, and in the event said dispute cannot be settled through negotiation, the Parties agree to use good faith efforts to settle the dispute by Packet Page 330 of 348 {WSS840942.DOC;1\00006.900000\ } 19 mediation with a mutually agreed upon mediator administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation or litigation arising from or relating to this Agreement shall take place in Seattle, Washington. The prevailing party in any proceeding under this Section 13.2 14. INDEMNIFICATION shall be entitled to recover its reasonable costs and expenses incurred in connection with such action, including reasonable attorneys’ fees. 14.1 Seller’s Indemnity to Customer. Seller agrees that it will indemnify, defend and hold harmless Customer and Customer’s permitted successors and assigns and each of their its respective subsidiaries, directors, officers, members, shareholders and employees (collectively, “Customer Indemnified Parties”) from and against any and all claims, losses, costs, damages and expenses, including reasonable attorneys’ fees, incurred by Customer Indemnified Parties arising from or out of the following: (a) any injury or death, or a loss or damage to property was caused by Seller, or any agent, subcontractor or component supplier of Seller (“Seller’s Agents 14.2 ”) relating to the installation or operation of the SEF or otherwise caused by the activities or conduct of Seller or Seller’s Agents at the Premises, or (b) any claim that the SEF infringes on patents or improperly uses proprietary rights. Seller is excused from any indemnity obligation to Customer Indemnified Parties and is not required to reimburse or indemnify any Customer Indemnified Party for any claim to the extent such claim is due to the gross negligence or willful misconduct of any Customer Indemnified Party. Customer’s Indemnity to Seller. Customer agrees that it will indemnify and hold harmless Seller and Seller’s permitted successors and assigns and each of their respective subsidiaries, directors, officers, members, shareholders and employees (collectively, “Seller Indemnified Parties 15. INSURANCE ”) from and against any and all damages and expenses incurred by Seller Indemnified Parties arising from or out of a claim against Seller by any third person that an injury or death, or a loss or damage to property was caused by the activities or conduct of Customer at the Premises. Customer is excused from any indemnity obligation to Customer Indemnified Parties and is not required to reimburse or indemnify any Seller Indemnified Party for any claim to the extent such claim is due to the gross negligence or willful misconduct of any Seller Indemnified Party. 15.1 Obligation to Maintain Coverage Comment [A10]: ok . Customer and Seller shall each maintain in full force and effect the insurance coverages usual and typical for their respective types of businesses throughout the Contract Term. In addition, Customer and Seller each shall maintain Commercial General Liability Insurance having limits of not less than $1,000,000 general aggregate, $1,000,000 per occurrence. Participation in a governmental insurance pool qualifies as insurance coverage usual and typical for the Customer. In addition, Seller will carry adequate property loss insurance on the SEF. Seller and Customer agree that the SEF need not be covered by Customer’s property coverage. The amount and terms of the SEF insurance coverage will be determined at Seller’s sole discretion. Comment [A11]: ok Comment [A12]: ok Packet Page 331 of 348 {WSS840942.DOC;1\00006.900000\ } 20 15.2 Certificates of Insurance. Seller will furnish to Customer and Customer will furnish to Seller current certificates evidencing that the insurance required under Section 15.1 15.3 is being maintained. Each of Seller’s and Customer’s insurance policies provided hereunder shall contain a provision whereby the insurer agrees to give the other Party thirty (30) days’ written notice before the insurance is cancelled or materially altered. Additional Insureds 16. CONFIDENTIAL INFORMATION . To the extent deemed necessary or appropriate by Seller, Lender or Customer, Seller’s insurance policy will include Customer as an additional insured as Customer’s interest may appear to the extent commercially reasonable; and Customer’s insurance policy will include Seller as an additional insured as Seller’s interest may appear to the extent commercially reasonable. 16.1 Definition of Confidential Information 16.2 . “Confidential Information” means any written information that either Seller or Customer stamps or otherwise identifies as “confidential” or “proprietary” before disclosing it to the other. Confidential Information does not include (a) information that was publicly available at the time of the disclosure, other than as a result of a disclosure in breach of this Agreement; (b) information that becomes publicly available through no fault of the recipient after the time of the delivery; (c) information that was rightfully in the possession of the recipient (without confidential or proprietary restriction) at the time of delivery or that becomes available to the recipient from a source not subject to any restriction against disclosing such information to the recipient; and (d) information that the recipient independently developed without violating this Agreement. Duty to Maintain Confidentiality. Customer and Seller agree not to disclose Confidential Information received from the other to anyone (other than Customer’s and Seller’s affiliates, counsel, consultants, Lenders, prospective Lenders, purchasers, prospective purchasers, investors, prospective investors, contractors constructing or providing services to the SEF (including but not limited to suppliers), employees, officers and directors who agree to be bound by the provisions of this Section 16.2 16.315.4 ) for any purpose (except as necessary to perform this Agreement), without the deliverers prior written consent. Confidential Information will retain its character as Confidential Information but may be disclosed by the recipient if and to the extent such disclosure is required (i) to be made to Governmental Authorities by any requirements of law, (ii) pursuant to an order of a court or (iii) in order to enforce this Agreement. With the exception of the terms of this Agreement and monthly invoices, the originator or generator of Confidential Information may use such information for its own uses and purposes, including the public disclosure of such information at its own discretion. In the event a recipient is required by law or by a court or regulatory agency to disclose Confidential Information, the recipient will, to the extent possible, notify the deliverer at least five (5) Days in advance of such disclosure. Irreparable Injury; Remedies. Customer and Seller each agree that disclosing Confidential Information of the other in violation of the terms of this Section 16 may cause irreparable harm, and that, notwithstanding Section 13.2 Comment [A13]: ok , the harmed party may seek any and all remedies available to it at law or in equity, including but not limited to injunctive relief. Packet Page 332 of 348 {WSS840942.DOC;1\00006.900000\ } 21 17.16. MISCELLANEOUS 17.116.1 Tax and Regulatory Compliance; Seller Tax Benefits 17.216.2 . Seller is the owner of the SEF for all purposes, including in respect of any federal, State or local income or property taxes. The Parties agree to reasonably cooperate to structure the transactions contemplated by this Agreement to address, to the mutual benefit of the Parties, the various tax and regulatory compliance issues associated with the SEF, so long as neither Party incurs additional costs or expenses, or suffers adverse economic effects as a result. Entire Agreement; Integration; Exhibits 17.316.3 . This Agreement, together with the Exhibits attached hereto, constitutes the entire agreement and understanding between Seller and Customer with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, which are of no further force or effect. The Exhibits attached hereto are integral parts hereof and are made a part of this Agreement by reference. In the event of a conflict between the provisions of this Agreement and those of any Exhibit, the provisions of this Agreement shall prevail, and such Exhibit shall be corrected accordingly. Amendments 17.416.4 . This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of Seller and Customer. Prudent Operating Practices 17.516.5 . Except where a higher standard may be expressly required by the terms of this Agreement, for the purpose of this Agreement, Prudent Operating Practices shall be the measure of whether Seller’s performance is reasonable and timely. Unless expressly defined herein, words having well-known technical or trade meanings shall be so construed. No Partnership or Joint Venture 17.616.6 . Seller and Seller’s Agents, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of Customer. This Agreement shall not impart any rights enforceable by any third party (other than a permitted successor or assignee bound to this Agreement). Time 17.716.7 . Time is of the essence in this Agreement. Unenforceable Provision 17.816.8 . In the event that any provision of this Agreement is unenforceable or held to be unenforceable, the Parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. The Parties will, however, use their best endeavors to agree on the replacement of the void, illegal or unenforceable provision(s) with legally acceptable clauses which correspond as closely as possible to the sense and purpose of the affected provision and this Agreement as a whole. Counterparts 17.916.9 . This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument and each of which shall be deemed an original. Facsimile Delivery. This Agreement may be duly executed and delivered by a Party by execution and facsimile delivery of the signature page of a counterpart to the other Party, and, if delivery is made by facsimile, the executing Party shall promptly deliver, via Packet Page 333 of 348 {WSS840942.DOC;1\00006.900000\ } 22 overnight delivery, a complete original counterpart that it has executed to the other Party, but this Agreement shall be binding on and enforceable against the executing Party whether or not it delivers such original counterpart. [SIGNATURE PAGES FOLLOW] Packet Page 334 of 348 {WSS840942.DOC;1\00006.900000\ } 23 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date. SELLER: EDMONDS COMMUNITY SOLAR COOPERATIVE, a Washington Cooperative Association By: [____________________________] Name: [__________________________] Title:[___________________________] CUSTOMER: CITY OF EDMONDS By: [____________________________] Name: [__________________________] Title: [___________________________] Packet Page 335 of 348 {WSS840942.DOC;1\00006.900000\ } Exhibit A - 1 EXHIBIT A DESCRIPTION OF THE PREMISES AND SOLAR ENERGY FACILITY Address: Frances Anderson Center, 700 Main Street, Edmonds WA 98020 Common and/or adjoining rooftops of the following buildings: None Solar Energy Facility: Up to 375 –Silicon-Energy Cascade Series 200w PV module (WA) or equivalent products Up to 18 – Silicon-Energy SIE-4.2 Commercial Inverter or equivalent products Fixed roof mount with ballast tray racks . Packet Page 336 of 348 {WSS840942.DOC;1\00006.900000\ } Exhibit B - 1 EXHIBIT B ESTIMATED ANNUAL PRODUCTION AND YEARLY ENERGY PRICE Year Annual Production in KWH Average Energy Price 1 72,041 0.051 2 71,682 0.052 3 71,324 0.054 4 70,969 0.055 5 70,615 0.057 6 70,262 0.061 7 69,912 0.063 8 69,563 0.064 9 69,216 0.066 10 68,871 0.068 1. Reflects 0.5% annual panel production degradation. 2. Reflects 3% annual kWh rate escalation. Packet Page 337 of 348 {WSS840942.DOC;1\00006.900000\ } Exhibit C - 1 EXHIBIT C EMERGENCY CONTACT INFORMATION CUSTOMER: SELLER: [_____________________] [_____________________] [_____________________] Attention: [__________________] Phone No.: [(___) _____________] Email: [_______________________] [_____________________] [_____________________] Attention: [__________________] Phone No.: [(___) _____________] Email: [_______________________] [_____________________] [_____________________] Attention: [__________________] Phone No.: [(____) _____________] Email: [_______________________] Packet Page 338 of 348 {WSS840942.DOC;1\00006.900000\ } EXHIBIT D NET METERING AGREEMENT ATTACHED IN: http://www.snopud.com/Site/Content/Documents/solarexp/NetMeterAgrmt609web.pdf Packet Page 339 of 348 {WSS840942.DOC;1\00006.900000\ } EXHIBIT E LENDER AGREEMENT OWNER ACKNOWLEDGEMENT AND CONFIRMATION This Owner Acknowledgement and Confirmation, dated as of [___________], [_____] (this “Acknowledgement”), is made by City of Edmonds (“Owner”). Owner is the owner of real property situated in the County of Snohomish and State of Washington having a street address of 700 Main Street, Edmonds WA 98020 (the “Premises”). Owner is party to that certain Solar Energy services agreement dated [_________], 2011 (the “Agreement”) between Owner and Edmonds Community Solar Cooperative, (“Provider”) pursuant to which a solar photovoltaic system (the “System”) is to be installed, operated and maintained by Provider on the Premises. The System will be connected to the electrical system of the Premises as a supplemental source of electrical power. This Acknowledgement is provided to [___TBD____] (“Lender”) pursuant to Section 12 of the Agreement. Owner has been advised that part of the collateral securing such financial accommodations is the granting by Provider of a first priority security interest (the “Security Interest”) in the System to Lender to be perfected by the filing of a Financing Statement (Form UCC-1) under the Uniform Commercial Code. The Security Interest will cover the System as personal property only, and not as a fixture. Owner hereby acknowledges and confirms to Lender the following matters with respect to the Premises: (a) Provider has the right to install, operate, and maintain the System on the Premises and to grant the Security Interest. (b) To the best of Owner’s knowledge, the granting of the Security Interest will not violate any term or condition of any covenant, restriction, lien, financing agreement, or security agreement affecting the Premises. (c) Owner acknowledges that Lender has relied upon the characterization of the System as being and remaining at all times personal property, as agreed in the Agreement, in accepting the Security Interest as collateral for its financing of the System. (d) Owner is aware of no existing lease, mortgage, security interest or other interest in or lien upon the Premises that could attach to the System as an interest adverse to Lender’s Security Interest therein. (e) Owner will use commercially reasonable efforts to place its successors, assigns, and lienors on notice of Provider’s title to the System, the existence of the Security Interest, and the System’s status as personal property and not a part of the Premises or a fixture thereof, as necessary and appropriate to avoid confusion or adverse claims. (f) Owner disclaims any right to receive any rebate, subsidy, tax credit, or renewable energy credits or other environmental attributes based upon the installation of the System at the Premises, except as otherwise expressly provided in the Agreement. Formatted: Justified Formatted: Justified Formatted: Justified Packet Page 340 of 348 {WSS840942.DOC;1\00006.900000\ } OWNER: By: [_____________________________] Name: [___________________________] Its: [_____________________________] Packet Page 341 of 348 Packet Page 342 of 348 AM-3682   Item #: 8. City Council Meeting Date: 01/18/2011 Time:10 Minutes   Submitted For:Scott Snyder, City Attorney Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Authorization to evaluate site for purchase for storm water or park use. Recommendation from Mayor and Staff Direct staff to either obtain an informal valuation of a residential property based on 2006 value prior to flooding event and authorize costs of up to $1500 or direct full MIA appraisal with costs of up to $10,000. Previous Council Action Narrative A claim for damages has been filed with the city relating to the flooding of residential property owned by Nansi Karlsten and located at 20719 86th Place West. The flooding is alleged to have been caused by overflow from Good Hope Pond, located in Pine Ridge Park. A settlement has been proposed that involves purchase of the property by the city’s storm water utility. The property could be held for eventual resale, subject to an easement for storm water purposes or used for other public purposes. Due to the unique nature of the valuation, a formal appraisal could be very costly. The property would need to be evaluated at the date it went on the market, prior to both the flooding event and the decline in the real estate property. The property is proposed at a steep discount, and the valuation would be used to both evaluate the settlement and in the event of an interfund transfer. The council has been briefed repeatedly in executive session due to the pending claim and potential litigation. The staff seeks council’s direction on the type and cost of the valuation that the council needs for its deliberation on the settlement offer. Form Review Inbox Reviewed By Date Mayor Mike Cooper 01/13/2011 01:15 PM Final Approval Sandy Chase 01/13/2011 01:16 PM Form Started By: Sandy Chase Started On: 01/12/2011 04:28 PM Final Approval Date: 01/13/2011  Packet Page 343 of 348 AM-3686   Item #: 9. City Council Meeting Date: 01/18/2011 Time:15 Minutes   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Information  Information Subject Title Report on City Council Committee Meetings of January 11, 2011. Recommendation from Mayor and Staff For information. Previous Council Action N/A Narrative The following two Council Committees met on January 11, 2011: •Community Services/Development Services Committee •Finance Committee Copies of the minutes for each committee meeting are attached. Attachments 01-11-11 CSDS Committee Minutes 01-11-11 Finance Committee Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 01/13/2011 02:55 PM Final Approval Sandy Chase 01/13/2011 02:58 PM Form Started By: Sandy Chase Started On: 01/13/2011 01:17 PM Final Approval Date: 01/13/2011  Packet Page 344 of 348 M I N U T E S Community Service/Development Services Committee Meeting January 11, 2011 Elected Officials Present: Staff Present: Council Member Strom Peterson Phil Williams, Public Works Director Council Member Michael Plunkett Rob English, City Engineer Council Member Lora Petso Carrie Hite, Parks & Rec Director The committee convened at 6:00 p.m. Councilmember Plunkett revised the agenda to move item D to the end of the agenda to provide an opportunity for Councilmember Petso to participate in the discussion. A. Ordinance amending Edmonds City Code (ECC) 8.48.190, updating parking provisions in designated bike lanes. Mr. Rob English, City Engineer, presented the proposed ordinance and explained the purpose for amending ECC 8.48.190. The upcoming Interurban Trail project will be installing bike lanes on 76th Ave and the code change will allow the Police Department to enforce the no parking provision. Staff recommended this item be presented to the parking committee for review and discussion at their upcoming meeting in February. Councilmember Plunkett asked clarifying questions about the proposed ordinance and whether the City had existing striped bike lanes in the City. Mr. English recalled that there were bike lanes installed as part of the 220th street improvement project. ACTION: Staff will present this item to the parking committee in February. If there are no significant changes, then it will be placed on the consent agenda for Council approval. B. Amendment to the Interlocal Agreement with the Lake Ballinger/McAleer Creek Watershed Forum. Mr. Phil Williams, Public Works Director, reviewed the amendment to the Lake Ballinger/McAleer Creek Watershed Forum and explained that it will provide a Federal Government Relations Service Provider for 2011. The Forum recommended this action to increase its visibility with the congressional delegation and to pursue federal funding for needed capital improvement projects. The Forum selected the Johnston Group and their proposed fee is $30,000. The fee will be shared equally between Mountlake Terrace, Lake Forest Park and Edmonds. The City’s share ($10,000) will be paid from the stormwater utility capital project fund (fund 412). Councilmember Plunkett expressed his concerns about spending city funds on this item and did not support the amendment. Councilmember Peterson supported the amendment. The Committee asked staff to place the item on the consent agenda for the January 18, 2011 Council meeting without a recommendation to approve it. Packet Page 345 of 348 CS/DS Committee Minutes January 11, 2011 Page 2 2 ACTION: Moved to Consent Agenda for 1/18/11 Council Meeting Without A Recommendation To Approve. C. Authorization for the Mayor to sign the Professional Services Agreement with Murray, Smith & Associates for engineering services on the 2011 Waterline Project. Mr. Rob English, City Engineer, outlined the scope of work for the 2011 Watermain replacement project and identified the major streets where waterlines will be replaced. He also discussed the consultant’s design contract and fees and how the project will be funded by the Water Utility Fund. City staff was continuing negotiations with the consultant and expected to have a final contract ready for the January 18, 2011 Council meeting. Mr. Phil Williams, Public Works Director, informed the committee that 16 firms responded to the City’s request for qualifications and 4 were interviewed. After the interviews were completed, the firm of Murray, Smith and Associates was selected based on their qualifications and experience. ACTION: Moved to Consent Agenda for Approval. H. Interlocal Agreement with the City of Lynnwood to fund the Recycling Coordinator for 2011 and 2012. Mr. Phil Williams, Public Works Director, reviewed the proposed Interlocal Agreement and how the agreement will be funded. The purpose of the agreement is to share resources with the City of Lynnwood and continue the waste prevention and recycling programs for Edmonds. The agreement will cover 2011 and 2012. ACTION: Moved to Consent Agenda for Approval. E. Report on final construction costs for Talbot Road Emergency Culvert Repair Project and Council acceptance of project. Mr. Rob English, City Engineer, reviewed the final construction costs for the Talbot Road Emergency Repair Project. He explained that the project was an emergency project and it replaced an existing storm drain culvert that was failing and impacting Talbot Road. Mr. English added that the consulting firms of CHS Engineering and HWA Geosciences provided engineering and testing support during construction. ACTION: Moved to Consent Agenda for Approval. F. Report on final construction cost for the 2009 Asphalt Overlay Project and Council acceptance of project. Mr. Rob English, City Engineer, reviewed the final construction costs for the 2009 Asphalt Overlay Project. He said the project was paid for by a federal stimulus grant of $999,985 awarded through the American Recovery and Reinvestment Act (ARRA) during 2009. The project resurfaced Dayton St between SR104 and 5th Ave and 212th St between 72nd and 84th Avenues. ACTION: Moved to Consent Agenda for Approval. Packet Page 346 of 348 CS/DS Committee Minutes January 11, 2011 Page 3 3 G. Community Solar Agreements. Mr. Phil Williams, Public Works Director, provided an update on the status of the Community solar agreements and the discussions between staff and the Edmonds Community Solar Cooperative. Staff is recommending that this item be presented to the full Council to for discussion and possible action at the Council meeting on January 18, 2011. ACTION: Schedule item for discussion at the Council meeting on January 18, 2011. D. Authorization for the Mayor to sign an Addendum to the Professional Services Agreement with Perteet, Inc. for the Shell Valley Emergency Access project. Mr. Rob English, City Engineer, reviewed the proposed addendum to the professional services agreement for the Shell Valley Emergency Access project. The addendum covers four items of work: (1) changing the pavement material from porous concrete to porous hot-mix asphalt concrete; (2) revising the plans and contract documents to comply with a Department of Ecology stormwater grant; (3) prepare designs for a 22 ft. wide street as a bid alternative to the current 15 ft wide street design; and (4) support services during construction. The total cost for the addendum is $65,035. Councilmember Petso asked if the emergency road was going to be open 365 days per year as specified on page 2 of Exhibit A. Mr. English explained that the reference to 365 days per year was prepared by the designer in order to design a pavement section for the wider street section. Mr. English agreed that the note was confusing and that it would be revised to make it clear. Councilmember Petso asked if the emergency road impacted the existing wetland on site. Mr. English reviewed the plans and clarified that the 15 ft. wide road clipped a portion of the existing wetland and that he would need to verify if the 22 ft. wide alternative would increase the impact to the wetland. Councilmember Petso expressed her concerns about impacting the wetland and recommended that staff minimize the impact as much as possible. Mr. Phil Williams, Public Works Director, expressed his concerns about how the emergency access road would be operated during the winter and his concern about sending staff out multiple times to make sure the gate is open or closed. He said one option could be to open the gate on November 1st and close it at the end of February so the road would be open during the time period when snow events were likely to occur. The committee suggested that a public hearing or meeting be held to get feedback before a decision was made to proceed with the 22 ft. wide street alternative. ACTION: Staff will schedule a public meeting to receive comments from the Shell Valley residents. The meeting adjourned at 7:26 p.m. Packet Page 347 of 348 FINANCE COMMITTEE MEETING MINUTES January 11, 2011 6:00 PM Present: Councilmember Petso Councilmember Bernheim Staff: Lorenzo Hines Jr., Director, Finance and Information Services Carl Nelson, Chief Information Officer Public: Joan Bloom Ron Wambolt Bruno Ouattara Roger Hertrich Councilmember Petso called the meeting to order at 6:00 PM. A. Selection of Committee Chair Councilmember Bernheim nominated Councilmember Petso for Committee Chair. Ms. Petso accepted. B. Ordinance amending the provisions of Edmonds City Code Section 2.05.010, Legal Counsel, Professional Services Contract Councilmember Bernheim presented his proposed revisions and updates to ECC 2.05.010. He answered questions from Councilmember Petso on the matter as well. Ms. Petso asked Mr. Hines for his opinion as to whether the proposed changes would present any audit issues. Mr. Hines indicated that the auditors judge our actions as they relate to adherence with current law, therefore the committee should consult the current City Attorney about the modifications. The committee voted to forward this item to full Council for discussion and adoption. C. First Quarterly report per Resolution 1234 – Fiber Optic Opportunities Mr. Nelson presented the report to the committee. For information only, no further action required. D. General Fund update for December 2010 Mr. Hines, presented revenue and expenditure trends for the General Fund and current forecasts for the City’s major revenue sources. For information only, no further action required. E. Public Comments (3-minute limit per person) • Joan Bloom asked how the issue regarding the code amendment for the attorney selection process was discovered. Councilmember Bernheim replied that someone had brought it to his attention, but he could not recall who it was. • Roger Hertrich asked if it was legal for the City to sell excess fiber capacity. It was noted that the question was presently before the Court of Appeal for determination. Adjournment - The meeting adjourned at approximately 6:50 PM. Packet Page 348 of 348