2011.03.22 CC Agenda Packet
AGENDA
EDMONDS CITY COUNCIL
Council Chambers, Public Safety Complex
250 5th Ave. North, Edmonds
MARCH 22, 2011
6:00 p.m. - Executive session regarding potential litigation.
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-3818 Approval of City Council Meeting Minutes of March 15, 2011.
C. AM-3817 Approval of claim checks #124369 through #124513 dated March 17, 2011 for
$262,604.70. Approval of payroll direct deposit and checks #50294 through #50319 for
the period March 1, 2011 through March 15, 2011 for $650,113.35.
D. AM-3813 Yost Pool award of bid for repairs.
3. (15 Minutes)
AM-3789
Community Service Announcement: Introduction of new Edmonds Community
College President Jean Hernandez.
4. (60 Minutes)
AM-3815
Joint Meeting with Snohomish County Fire District 1 Commissioners.
5.Audience Comments (3 minute limit per person)*
*Regarding matters not listed on the Agenda as Closed Record Review or as Public
Hearings.
6. (30 Minutes) Consideration and approval of a site lease for roof space on the Francis Anderson
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6. (30 Minutes)
AM-3816
Consideration and approval of a site lease for roof space on the Francis Anderson
Center and an Energy Services Agreement with the Edmonds Community Solar
Cooperative to facilitate the construction and operation of a Community Solar
project.
7. (15 Minutes)
AM-3819
Edmonds Public Facilities District / Edmonds Center for the Arts Quarterly
Report.
8. (15 Minutes) Council reports on outside committee/board meetings.
9. (5 Minutes) Mayor's Comments
10. (15 Minutes) Council Comments
ADJOURN
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AM-3818 Item #: 2. B.
City Council Meeting
Date: 03/22/2011
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 March 15, 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
03-15-11 Draft City Council Minutes
Form Review
Inbox Reviewed By Date
Community Services/Economic Dev.Stephen Clifton 03/17/2011 01:05 PM
Final Approval Sandy Chase 03/17/2011 01:06 PM
Form Started By: Sandy Chase Started On: 03/17/2011 12:57 PM
Final Approval Date: 03/17/2011
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Edmonds City Council Draft Minutes
March 15, 2011
Page 1
EDMONDS CITY COUNCIL DRAFT MINUTES
March 15, 2011
The Executive Session that was scheduled at 6:00 p.m. was cancelled. The regular Edmonds City Council
meeting was called to order at 7:00 p.m. by Mayor Pro Tem Petso in the Council Chambers, 250 5th
Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Lora Petso, Mayor Pro Tem
Steve Bernheim, Councilmember
D. J. Wilson, Councilmember
Michael Plunkett, Councilmember
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
ALSO PRESENT
Peter Gibson, Student Representative
ELECTED OFFICIALS ABSENT
Mike Cooper, Mayor
Strom Peterson, Council President
STAFF PRESENT
Phil Williams, Public Works Director
Rob Chave, Planning Manager
Doug Fair, Municipal Court Judge
Joan Ferebee, Court Administrator
Carl Nelson, CIO
Rob English, City Engineer
Mike DeLilla, Senior Utilities Engineer
Gina Coccia, Planner
Jeff Taraday, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
1. APPROVAL OF AGENDA
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
2. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT,
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 MARCH 1, 2011.
C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 3, 2011.
D. APPROVAL OF CLAIM CHECKS #124125 THROUGH #124237 DATED MARCH 3, 2011
FOR $166,285.61, AND CLAIM CHECKS #124238 THROUGH #124368 DATED MARCH
10, 2011 FOR $294,135.36. APPROVAL OF PAYROLL DIRECT DEPOSIT AND
CHECKS #50259 THROUGH #50293 FOR THE PERIOD FEBRUARY 16, 2011
THROUGH FEBRUARY 28, 2011 FOR $649,258.94.
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E. ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES SUBMITTED BY
CHRISTOPHER FIFE ($2,294.17).
F. ACCEPTANCE OF WASHINGTON STATE LIQUOR CONTROL BOARD LIST OF
BUSINESSES RENEWING LIQUOR LICENSES (JAN./FEB. 2011).
G. REPORT ON BIDS OPENED FEBRUARY 15, 2011 FOR THE ALDERWOOD INTERTIE
AND RESERVOIR IMPROVEMENT PROJECT, AWARD A CONTRACT IN THE
AMOUNT OF $224,286.66 TO OMEGA CONTRACTORS, INC. AND APPROPRIATE AN
ADDITIONAL $164,000 TO THE 412-100 WATER UTILITY FUND TO CONSTRUCT
THE PROJECT.
3. COMMUNITY SERVICE ANNOUNCEMENT - PRESENTATION BY THE EDMONDS SENIOR
CENTER ON THE JOB TRAINING PROGRAM.
Art Mendel explained he has been working at the Edmonds’ South County Senior Center as a volunteer.
He is also a baby boomer and has been unemployed for 13 months. He noted that the job training program
is multi-faceted but his focus would be on the portion of the program he is involved in, getting baby
boomers back to work. His presentation will include 1) facts and data, 2) proposed solutions and 3)
convincing the Council and other community leaders to engage in the program.
He provided the following facts and data:
• According to 2010 Census there are 303 million people in the United States.
• 78 million of the 303 million are baby boomers between the ages of 50 and 65, representing 26%
of the total population.
• 74 million are children 17 and under.
• Baby boomers and children 17 and under represent 50% of the total population.
• National unemployment is 8.9%.
• Workforce in Everett reports Snohomish County unemployment increased from 9.1% to 9.2%.
• Baby boomers represent 14% of the unemployed. Workforce indicated that 14% represents only
boomers receiving unemployment. The number of unemployed baby boomers is closer to 20%.
• Unemployment for boomers in the United States for the last 13 months has remained static at 2
million.
• Using Snohomish County’s approximate population of 700,000, half of which is in South
Snohomish County (350,000), baby boomers multiplied by unemployment equates to 13,000
baby boomers unemployed in South Snohomish County communities.
With regard to solutions, he acknowledged the federal government has programs to enhance employment
but they also have healthcare issues, natural disasters, a war and one-half going on and tremendous budget
problems. He summarized the federal government could not be counted on to do more than they were
doing. The State is in a similarly difficult position; they have programs and are trying to help but are
really stretched. Big business has an unusual methodology; they seem to have a very young person review
all resumes and circle key words. After 13 months, it is obvious to him that he does not know the key
words. Secondly, some companies are sending the following message: if you have a job, you can apply; if
you are unemployed, do not apply.
The solution needs to be addressed as a grass roots effort by leveraging local politicians, Chamber of
Commerce and community leaders to encourage businesses to directly interview boomers for jobs. He
recognized a company could not be asked to discriminate based on age; his request was simply that they
interview boomers. He summarized predictions are for 2-3 more years of the current business conditions.
He has appointments with Mayor Cooper and has invited the two Councilmember who are on the Senior
Center Board to meet with him. He offered to meet at any place, anytime to discuss this issue.
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Councilmember Wilson pointed out the percentage of people ages 18-24 looking for a job and unable to
find a job is approximately 55%. He acknowledged unemployment was an issue for baby boomers as well
as 18-24 year olds and was central in the Council’s deliberations. He thanked Mr. Mendel for his
presentation and for highlighting this issue.
Councilmember Fraley-Monillas commented about half the Council are baby boomers and they
understand the plight of unemployed baby boomers.
Mr. Mendel invited the communities of Edmonds and Lynnwood to Creative Transitions on March 19, an
open and honest forum to provide information and describe opportunities for baby boomers. The event
will be at the South County Senior Center on March 19, from 9:30 to 11:00 a.m.
Councilmember Buckshnis advised she has met with the curriculum person at Edmonds Community
College and suggested Mr. Mendel also meet with her. Mr. Mendel advised he has an appointment at
Edmonds Community College to discuss training.
4. UPDATE FROM SUSTAINABLE WORKS
Kelly Stickney, Outreach and Marketing Manager, Sustainable Works, explained this was a report
approximately two-thirds through the project. She will return with a final update that will include
information regarding job creation, completed retrofits, carbon impact, etc.
Sustainable Works has finished their official outreach and have 367 people signed up for energy audits.
She acknowledged that was short of their goal of 500 but is the largest project they have done in
Washington State. Energy audits have begun; as of today they have completed 160 audits in Edmonds and
Lynnwood and are booked for energy audits through the end of April. She anticipated they would
complete approximately 200 energy audits in the two cities. She noted two-thirds of those signed up are
from Edmonds. Of the 160 audits they have completed, 44 were done free of charge. They have
contracted 31 full energy retrofits for residents. Given the current pace, she anticipated 100 full energy
retrofits would be completed in the two cities.
Ms. Stickney advised their next project will be in Shoreline. In the past because of the distance between
projects, there was a definite cutoff date. Because their next project is in Shoreline, they will continue to
sign up people for energy audits through April 15. She encouraged residents of Edmonds and Lynnwood
to sign up for an energy audit and to inform anyone they knew in Shoreline of the upcoming opportunity.
Councilmember Buckshnis inquired about the timeframe between the audit and the retrofit. Ms. Stickney
explained the customer has a great deal of control over the pace. When a person signs up for an audit,
they can inform the client liaison that they need a month before they would be ready for an audit. Because
of the location of the next project, a 1-2 month delay would be possible. After the consultation, they
encourage people to make a decision as quickly as possible because projects are bundled with others. If
someone needs more time to think about doing an energy retrofit that is possible. Once a resident signs
the contract for the retrofit, unless there are unforeseen circumstances such as asbestos, it typically takes
one week to finish the retrofit.
5. AUDIENCE COMMENTS
Al Rutledge, Edmonds, referred to the earthquake in Japan, commenting the next earthquake is predicted
to occur in Washington or Oregon. Since he began attending Council meetings in 1988, the issue of
public safety for Edmonds citizens following an earthquake has been discussed twice. He recommended
the Council request staff provide a presentation within the next 30-60 days regarding the City’s plan for
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the safety of citizens. He recalled this had last been discussed 6-7 years ago. Next, he requested the Crime
Prevention program be restored in the 2012 budget.
Jodi Pugsley, Edmonds, a volunteer at the South County Senior Center, provided further details
regarding the March 19 forum at the Senior Center. She explained the Executive Director of the Senior
Center recognized there were several unemployed boomers and put them together. They found they were
not alone and she recognized there were many other amazingly intelligent professional baby boomers.
The group began to turn their fear into positive action. The more they got together, they began to have
success stories – people finding jobs. They want to share that with others as well as networking
opportunities and resources. The forum will also share how people begin to look at their life differently
and ways to get employers to look at baby boomers. With regard to Councilmember Wilson’s comment
about the 18-24 age group, she explained her college graduate son is also sending out resumes; he gets
interviews, she does not. She summarized baby boomers are the new unemployables. She encouraged
baby boomers to attend the forum.
In response to Mr. Rutledge, Councilmember Wilson advised Friday morning following the earthquake in
Japan and in preparation for a potential tsunami or high water situation, Mayor Cooper, Public Works
Director Phil Williams, Community Services/Economic Development Director Stephen Clifton and other
staff members went to the waterfront to observe conditions. He invited Public Works Director Phil
Williams to speak to the City’s preparedness for an emergency response.
Mr. Williams explained emergency preparedness was something staff is always doing and the City’s
emergency plan was recently reviewed to update contact information, ensure supplies are readily
available, emergency kits are in vehicles, etc. The entire Puget Sound area is geared toward rapid
response in the event of an earthquake as well as other weather-related emergencies. He expected there
would be more discussion regarding a tsunami in the future. The key is to be ready to respond to any kind
of emergency, having communications established and determining the roles for each department,
department head and agencies. The City’s Emergency Operations Center (EOC) will be opened later this
year for an exercise. Emergency Services Coordinating Agency (ESCA) is an umbrella organization for
South Snohomish County cities in events that have a regional impact. He summarized the area was well
prepared regionally and it was constantly under review.
Councilmember Fraley-Monillas commented the City may never be able to be prepared for a magnitude 9
earthquake but did its best to ensure everyone was as safe and secure as possible. At today’s Health
District meeting, the Director stated the risk of radiation in this area is very low as any radiation would be
dissipated by the time it reached the West Coast. The Health District is monitoring the situation.
6. CLOSED RECORD REVIEW OF THE HEARING EXAMINER’S RECOMMENDATION TO
APPROVE A FENCE HEIGHT VARIANCE FOR PUD, FILE PLN20100070. THE PROPERTY IS
LOCATED AT 9005 244TH STREET SW IN THE RS-8 ZONE. THE PROPOSED
REPLACEMENT FENCE AROUND THE EXISTING SUBSTATION WOULD BE 8-FEET TALL.
Recognizing that the Council has not had a closed record review recently, Mayor Pro Tem Petso
requested City Attorney Jeff Taraday provide introductory remarks about the process. Mr. Taraday
explained there are two important issues, 1) it is a closed record review, and 2) it is quasi judicial. In a
quasi judicial matter, the Council sits as a body of judges rather than a body of legislators. Special rules
apply in the quasi judicial setting that do not typically apply to the Council’s routine work as legislators.
One of those is the proceeding must be fair in actuality and also appear to be fair. Although a
Councilmember may feel they can be objective and not let their personal interest affect their vote, if a
Councilmember has a personal interest, it may appear to the public that he/she cannot be fair. Therefore
Councilmembers will be required to disclose whether they had any potential bias on the matter.
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The other issue in a quasi judicial matter is a Councilmember may not have ex parte communication with
the applicant, opponent, etc. Therefore Councilmembers will be asked to disclose whether they have had
ex parte communication. If a Councilmember has, they simply need to disclose the communication. This
affords the other parties an opportunity to rebut the substance of the communication.
In an open record hearing anyone can provide testimony. In a closed record review, the only people who
can participate are those who participated in the earlier open record hearing. In this case there was an
open record hearing before the Hearing Examiner. Not only are the participants limited, they are also
limited in what they can say. Participants cannot introduce new factual evidence that was not submitted to
the Hearing Examiner during the open record hearing. The record has already been created; tonight is a
review of the record established at the lower level.
Councilmember Plunkett pointed out the parties of record in Exhibit 1 does not include people who spoke
at the hearing. It was his understanding that people who spoke at the hearing such as Mr. Rutledge, were
parties of record. Mr. Taraday explained Exhibit 1, Staff Report, lists parties of record but it is prepared
prior to the open record hearing. The testimony portion of the Hearing Examiner’s decision (Exhibit 3,
page 1) identifies individuals who presented testimony under oath at the open record hearing and lists
Alvin Rutledge as one of the four individuals who provided testimony. Those are the four individuals who
will be allowed to participate in the closed record review.
Mayor Pro Tem Petso opened the closed record hearing. She asked whether any Councilmembers would
be recusing themselves from participation on this item.
Councilmember Plunkett advised one of the parties of record is Alvin Rutledge. He has had any number
of conversations with Mr. Rutledge and knows Mr. Rutledge but has not had any conversations with him
regarding this matter.
In order to ensure the hearing is fair and appears fair, Mayor Pro Tem Petso asked Councilmembers to
make disclosures regarding their interest in the property or issue, financial benefit, any communication
with the parties of record, proponents or opponents of the issue.
Mayor Pro Tem Petso disclosed that immediately prior to tonight’s meeting she had an ex parte
communication with Mr. Rutledge. Mr. Rutledge approached her prior to the meeting and informed her
that his letter in the Council packet was intended to have been for another item before the Hearing
Examiner regarding Scott’s Bar & Grill. She assumed the attachment Mr. Rutledge intended for this
hearing was in the Scott’s Bar & Grill file. She offered the parties of record an opportunity to rebut her ex
parte communication with Mr. Rutledge.
Planner Gina Coccia explained Exhibit 2, Mr. Rutledge’s letter, was formatted to match the Hearing
Examiner agenda which had items A and B. At the January 6, 2011 Hearing Examiner hearing and the
continued hearing on January 20, Item A was the PUD’s request for a variance and Item B was Scott’s
Bar & Grill. Mr. Rutledge’s comment was in regard to Item A. Mr. Rutledge also provided oral testimony
at the Hearing Examiner hearing.
Councilmember Wilson disclosed he knows Mr. Rutledge and has had several conversations with him;
none of those conversations have been related to this matter. He has a professional relationship with PUD
executives but none of his communications have been in regard to this matter.
Councilmember Buckshnis disclosed she has had professional conversations with Mr. Rutledge but has
never discussed this matter.
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Mayor Pro Tem Petso asked whether any audience members objected to the participation of any
Councilmember. There were no objections voiced.
Staff
Ms. Coccia referred to Exhibit 1, the original Staff Report and attachments that also contain parties of
record who participated to that point; Exhibit 2, public comment letter; Exhibit 3, Hearing Examiner’s
recommendation; and Exhibit 4, applicable City codes.
She explained Snohomish County PUD is replacing electrical equipment at their substation on the corner
of 244th and 90th Avenue West in the RS8 zone. The substation has been in that location for
approximately 40 years and was annexed into the City in 1995. PUD has requested a variance because
they are replacing the existing 8-foot fence with a new 8-foot fence as required by their standards. The
footprint of the equipment and fence will change slightly and a building permit will be required.
A variance is required for all fences over the 6-foot height limit. Exhibit 1, Attachment 4 contains
photographs of the typical fence they are required to install for safety purposes. It is approximately 7 feet
tall plus 1 foot of barbed wire. New landscaping is proposed around the outside perimeter of the fence.
Variances are processed as a Type III-B permit as described in ECDC 20.01.003.A and B. The variance
request was reviewed by planning staff with a recommendation to the Hearing Examiner. Because it is
related to public safety, the Hearing Examiner provides a recommendation to the City Council.
For a variance to be approved, six findings in ECDC 20.85.010 must be met. The Staff Report describes
staff’s finding that all criteria are met (Exhibit 1, Pages 4 and 5). The Hearing Examiner also found in her
Finding and Conclusions (Exhibit B, Pages 2-6) that all six criteria have been met. The applicant provided
testimony at the hearing after being questioned by the Hearing Examiner that if the fence height variance
were not approved, the necessary substation upgrade could not proceed without the safety fencing and
eventually the equipment would fail, resulting in an interruption of electric service to the region. Staff
recommends the Council adopt the Hearing Examiner’s recommendation to approve the requested
variance.
For Councilmember Fraley-Monillas, Ms. Coccia explained PUD is required to provide fencing of a
certain height for safety purposes. If the 8-foot fence were not allowed, they would not be able to replace
equipment, the project would not proceed and the equipment would eventually fail as it is over 40 years
old.
Proponent
Jim Simpson, Snohomish County PUD, advised he was present to answer questions and had nothing
further to add to Ms. Coccia’s presentation.
Parties of Record
Al Rutledge, Edmonds, explained at the hearing he raised a point about equipment and whether it was
safe. He commented on vehicles parked at the site during the last seven days. Mayor Pro Tem Petso
cautioned Mr. Rutledge to limit his remarks to the information that was provided to the Hearing
Examiner. Mr. Rutledge pointed out there was not a flag person at the site and they were not doing daily
cleanup. He commented there are 8 homes and 32 cars in the neighborhood and they enter along the
fence. He also expressed concern that the equipment used for the project would include a large crane and
that each project would take 2-3 months.
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Councilmember Wilson encouraged Mr. Taraday to stop a speaker who is providing information outside
the record. He noted any new information provided during a closed record review jeopardizes the entire
process.
Councilmember Fraley-Monillas asked if the Council was to consider the written document, Exhibit 2,
with regard to Mr. Rutledge’s comments. Mr. Taraday answered the Council can consider part A of Mr.
Rutledge’s written comments and the Hearing Examiner’s summary of his oral remarks in Exhibit 3, Page
4, Item 14.
Councilmember Plunkett referred to Exhibit 3, Page 4 of 6, observing Mr. Rutledge is concerned about
public safety and the security of PUD gear and equipment during construction. He assumed that was
related to one of the six variance criteria that need to be met, “The proposal should not be detrimental or
injurious to adjacent property owners nor to the public’s health, safety or welfare.”
Mr. Simpson responded PUD constructs their substation fences in accordance with the National Electric
Safety Code which recommends the fence height PUD plans to install. All fence heights for PUD
substations are at least 8 feet high, some are higher. A fence of 8 feet in height is constructed to ensure
public safety regardless of whether there are adjacent residences. He commented the National Electric
Safety Code is adopted in WAC.
Ms. Coccia referred to Exhibit 1, Page 3, Community Facilities, which states pursuant to ECDC
17.100.050.B, “…electrical substations shall be adequately screened from adjacent residential properties
with a solid wall or sight-obscuring fence not less than six feet in height…” She noted that wording
suggests a fence would be taller than six feet. At the public hearing Mr. Rutledge provided testimony
regarding safety and construction and asked questions regarding the logistics of the project. She described
the requirement for a building permit and encroachment permit to the Hearing Examiner.
COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION TO APPROVE THE
REQUESTED VARIANCE.
Student Representative Gibson asked if this was only about the fence height, not construction or
encroachment on neighbors. Mayor Pro Tem Petso answered it was. Because the Council had not had a
closed record hearing recently, additional time was spent reviewing the procedures for a close record
hearing.
MOTION CARRIED UNANIMOUSLY.
Councilmember Wilson commented in the past the Council had a number of closed record hearings but
the Council was subsequently taken out of the appeal process. Therefore some Councilmembers have
never participated in a closed record hearing before. This was a useful refresher regarding the process.
Councilmember Fraley-Monillas asked how long it had been since the Council had a closed record
hearing. Councilmember Wilson answered the Council was taken out of the appeal process in late 2008.
Councilmember Plunkett remarked there had not been many land use decisions/applications recently due
to the economic climate.
7. ANNUAL REPORT - MUNICIPAL COURT JUDGE
Municipal Court Judge Doug Fair thanked Court Administrator Joan Ferebee, who collected information
for him from AOC. He noted the court’s report was later this year because AOC was unable to provide
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information until mid-February. He also thanked Probation Officer Sherrie Leyda who provided
information regarding the number of people who used alternative confinement. He thanked Assistant
Police Chief Gerry Gannon who provided information regarding the jail budget.
Judge Fair displayed a comparison of yearly filings, commenting filings have remained stable for the past
few years primarily due to stable police staff and stable enforcement policies. He reminded if the Council
added to the police force, filings would increase. He displayed a comparison of case filings by year 2005
– 2010, by case type – infractions, nuisance type violations, parking tickets, DUI, criminal traffic and
criminal non-traffic. He summarized parking tickets were down, DUI and criminal traffic were up.
He provided a comparison of gross revenues by month and year 2005 – 2010, noting the increase from
$1.24 million in 2008 and 2009 to 1.27 million in 2010, was not a large increase over the last 3 years.
Filings and gross revenues track fairly closely. He provided a revenue status report, advising 2010 was
less than anticipated, approximately 86% of estimate. The three primary areas that were down were
passport revenue, probation monitoring fees and collections of in-house electronic home monitoring
(EHM). He explained passport applications are at an all time low since the program began in 2003. EHM
is primarily outsourced because the in-house EHM units are not compatible with most phone systems and
are not compatible with cell phones which many people have begun using instead of a land line.
Probation monitoring is down significantly. When he became the City’s municipal court judge in 2005,
there were approximately 5,000 filings and now there are approximately 7,700, a 45% increase in filings.
To accommodate the loss of half a staff person or a 7% reduction, he stopped doing probation on less
serious offenses such as DWLS3, no valid operators license, failure to transfer title, etc. In his experience
putting those types of offenders on probation has little effect on their behavior. When a person is on
probation, the court collects a probation fee as part of costs, fines, and fees and the entire probation fee is
collected by the City and not shared with the State. For example, a typical case has a $500 fee and a $125
probation fee is collected each year. With not placing DWLS3 on probation, which comprises 25-33% of
total filings, the entire fine is shared with the State. Gross revenues are $1.27 million and net revenues are
$800,000 because State law mandates the fines be divided between the State and City.
Judge Fair provided an expenditure status report, explaining expenditures were under budget,
approximately 92.69% of estimate primarily due to staffing. The court lost 2 staff members with 12 years
combined experience and step-level increases and replaced them with 2 new employees. Their net
revenue centers exceeded their net expense centers by approximately $63,000. He explained that was only
revenue and expense centers in the court, not the criminal justice system as a whole. Once the public
defender, prosecutor, jail, etc. are added in, criminal justice will always be a money loser and is part of
the City’s and society’s duty.
He provided a comparison of passport revenue by month and by year, commenting there had been a
steady decline since 2007. He anticipated this was due to enhanced licenses and because travel is a
luxury.
Judge Fair commented on the savings due to the use of alternative confinement such as EHM and the
SCRAM (Secure Continuous Remote Alcohol Monitor) bracelet. SCRAM bracelets are used primarily as
a pretrial release monitoring program for people with DUI or alcohol issues. Instead of awaiting their trial
in jail, they are released with a SCRAM bracelet that monitors their alcohol consumption via the alcohol
that is sweated out through the skin. A report is provided within 1-2 days if they consume alcohol. This
allows those people to be out of jail as long as they do not consume alcohol. They also use community
service which allows for 8 hours of community service in lieu of 1 day in jail. Use of alternative
confinement saves a $90 booking fee and a $62.50 daily jail cost. He estimated approximately 3,400 days
were saved via EHM and SCRAM which includes approximately 600 days of mandatory EHM for second
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or more DUI offenses. His report states approximately $13,000 was saved via the use of EHM and
SCRAM; but it is actually closer to $176,000. Adding in community service, the savings is approximately
$237,000.
Judge Fair recalled he demonstrated the video hearings during last year’s report. The biggest advantage of
video hearings is safety; prior to video hearings, 10 defendants were brought to court every Wednesday.
The court does not provide the safest environment as it was designed as a community center and not a
secure court facility. Another advantage is cost; prior to video hearings, two police officers were paid
overtime once a week for four hours. Since video hearings began, only one person has been brought to the
court because they refused to participate via video. Police overtime was reduced from $28,600 to $2,600,
a $26,000 direct savings in one year. While bookings increased between 2009 and 2010 by 9%, the jail
hours and the jail budget went down between 2009 and 2010. That is because the court is seeing more
people, seeing them faster and getting their cases resolved safely and more quickly. Instead of one group
of 10 defendants once a week, he can see 20-25 every week via 2 calendars. The video hearings have
achieved all its objectives and did not cost the City anything as the system was paid for via State court
improvement funds.
Judge Fair explained there is a rule being submitted to the Supreme Court regarding case load limits for
public defenders regardless of whether they are municipal or superior court. The proposed caseload is
well below caseloads currently carried by the majority of district and municipal court public defenders. If
this rule is eventually passed, and it appears there is a chance it will, more public defenders will need to
be hired to meet the current caseload. For example, the number that is being recommended is 400 cases
per attorney per year. In 2010 the City had 1700 criminal cases and at least 1200 were handled by public
defenders. The City now has one primary public defender serving the court; if caseloads are strictly
enforced, three public defenders would be required costing the City more to meet the caseload. He
acknowledged the public defender was not paid out of his budget but this was something the Council
needed to be aware of. He suggested contacting Association of Washington Cities (AWC) to lobby for a
more realistic caseload level.
Councilmember Buckshnis noted the revenue stream 2005-2007 was fairly stable throughout the year.
She inquired about the spikes in 2008, 2009 and 2010. Judge Fair answered it depends on when people
pay. There tends to be a spike in March and April; people often pay when they receive their tax returns.
Ms. Ferebee explained due to the recession defendants often pay a lower amount or miss payments. They
are put back on a payment plan in an effort to keep revenue coming in and allow them to keep their
license so that they can continue working.
Councilmember Buckshnis inquired about criminal cost recoupment. Ms. Ferebee answered that was
warrant fees. If a person gets a warrant and comes to court before they are picked up, they are allowed to
pay $50 in order to receive a new court date. The maximum that can be charged is $100. If they write to
the Judge stating they do not have the money, it can be waived. Judge Fair remarked it was less expensive
than booking them into jail.
Councilmember Buckshnis observed the professional services interpreter expense has increased. Judge
Fair commented the population is becoming more diverse and a number of different interpreters have
been needed. It is required that the court pay for interpreters for all cases and for them to meet with their
public defender, probation officer, etc. Ms. Ferebee acknowledged it was one of the biggest costs in the
court system. Judge Fair anticipated that cost would continue to rise. They try to batch interpreter services
with Lynnwood.
Councilmember Wilson recalled the compensation in the public defender contract is on a per case basis.
Judge Fair explained the public defender charges per case if they are assigned but do a bulk rate for
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arraignment/first appearances and the video calendar. That often allows for early dispositions or early
resolution of cases. Councilmember Wilson observed a caseload limit would not affect the cost because
the City was already paying on a per case basis. Judge Fair advised the public defender’s cost of business
would increase because they would need more attorneys and they likely would pass that additional cost on
to the City.
Councilmember Fraley-Monillas asked if the court uses a collection agency. She asked whether the court
was receiving less revenue because people did not have the money. Ms. Ferebee agreed people often do
not have money. People are sent to collections and wages are garnished if they have a job. The collection
agency charges an additional fee. For example if the fine was $100, it is $135 at the collection agency.
The court does not make any additional money from the collection agency and the collection agency is
not paid by the court. The purpose of the court is justice and to make sure people do the right thing. She
will recall a fine from collections and establish a payment plan. Many courts’ revenues are down
substantially, Edmonds Municipal Court tries to work with the defendant, keeping them driving so that
they can continue working.
8. DISCUSSION AND POTENTIAL ACTION REGARDING A SPECIAL COUNSEL AGREEMENT
FOR LEGAL SERVICES WITH OGDEN MURPHY WALLACE.
Mayor Pro Tem Petso relayed Mayor Cooper’s request that the Council approve the Special Council
Agreement.
Councilmember Bernheim explained this was not a contract for a particular case but was a general
services contract on an as needed basis and a fee schedule. He found both very reasonable.
COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO
AUTHORIZE THE MAYOR TO SIGN THE SPECIAL COUNSEL AGREEMENT FOR LEGAL
SERVICES WITH OGDEN MURPHY WALLACE.
Councilmember Fraley-Monillas pointed out there were five specific cases identified in Mayor Cooper’s
memo regarding City Attorney Transition. Mayor Pro Tem Petso explained it was Mayor Cooper’s intent
to have Mr. Snyder wrap up these five cases if possible as well as preserve the flexibility to reevaluate if
these cases are not concluded in a reasonable amount of time.
Councilmember Fraley-Monillas commented according to Mayor Cooper’s memo, the cases were to be
completed by the end of March. Mr. Taraday advised his understanding was the five items listed in Mayor
Cooper’s memo were expected to be concluded within March or were items where the remaining work is
insignificant but there is significant history and in Mayor Cooper’s opinion it was appropriate to have
Ogden Murphy Wallace complete them. He was not necessarily part of the decision-making but that was
his understanding.
Councilmember Fraley-Monillas asked what Mr. Taraday would prefer. Mr. Taraday answered he did not
have issue with the proposal. The first two items on the list may already be concluded. The limited
monitoring of the solar project may extend beyond March but the remaining work appeared to be very
insignificant. He was not familiar with the fifth item, completing an ILA for a child interview specialist.
Councilmember Plunkett referred to the scope of work, noting it states special counsel shall generally
provide legal services as assigned by the Mayor and City Council and shall provide such other or
additional services. It appears the contract is for the five specific cases as well as having Mr. Snyder
available for other issues that may arise. He asked whether it was Mayor Cooper’s intention to have Mr.
Snyder in the bullpen. Councilmember Bernheim responded bullpen is the wrong analogy as use of the
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bullpen is typically anticipated in baseball. He viewed Mr. Taraday as a “nine-inning kind of guy” and
that he could handle most of the City’s legal work. The five cases in Mayor Cooper’s memo were things
that would be completed in a short period of time. The letter states for those things not completed by the
end of the month, Mayor Cooper would return to the Council with a recommended plan for transition. If
an attorney needed to fill in due to a conflict or Mr. Taraday or the other attorneys at the Lighthouse Law
Group were unavailable, Mr. Snyder would be available.
Councilmember Plunkett commented the language in the contract appears to suggest Mr. Snyder will be
available in the future, shall generally provide legal services as assigned by Mayor and City Council. It
appears Mr. Snyder will not only conclude the five matters listed in Mayor Cooper’s memo but Mr.
Snyder has been identified as counsel for use in the future. He was generally okay with that because it
stated Mayor and City Council; if something came up and Mr. Snyder was proposed there would be an
opportunity to address it. He was surprised the language in the contract did not only address the five
matters.
Mayor Pro Tem Petso advised Mayor Cooper met with her a week ago. His intent was purely a transition
agreement as stated in the agenda memo. She agreed with Councilmember Plunkett that the language in
the contract was broader than that.
Councilmember Fraley-Monillas did not view this as a transition agreement. The scope of work states
assigned by the Mayor and City Council and shall provide such other or additional services as may from
time to time be requested by the City. Under the effective date and duration, it states this contract shall
take effect immediately upon execution and shall continue in effect until terminated or renegotiated by
either party. One of the primary reasons for hiring the Lighthouse Group was to save money. She did not
anticipate the City saving money by hiring the former City Attorney. She understood the need for Mr.
Snyder to conclude the identified matters but was uncomfortable with the lack of an expiration date.
Councilmember Buckshnis shared the concern, suggesting the contract refer to the cases in the attached
memo.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO AMEND THE SCOPE OF WORK, COMPENSATION, TO READ, “SPECIAL
COUNSEL SHALL GENERALLY PROVIDE LEGAL SERVICES AS ASSIGNED BY THE
MAYOR AND CITY COUNCIL WITH THE CONSENT OF THE CITY COUNCIL…”
Councilmember Plunkett explained his intent was to make the statement stronger. Councilmember
Bernheim commented the verbiage Councilmember Plunkett added could make it sound like the Council
has little input into the matter other than consenting to it. Councilmember Plunkett expressed concern that
Mayor and City Council could be interpreted as either/or. He wanted to ensure that City Council approval
was required if/when Ogden Murphy Wallace performed additional work. Mr. Taraday offered to provide
amended language.
COUNCILMEMBER PLUNKETT WITHDREW HIS MOTION WITH THE AGREEMENT OF
THE SECOND.
Councilmember Wilson commented there needs to be a contract with a law firm that does work for the
City; the City has such an agreement with Grant Weed and that contract does not have a termination date.
According to this transition agreement, the City needs Mr. Snyder to complete some matters. The
justifiable concern by Council is there should be no reason for Mr. Snyder to provide services the Council
is not aware of and he should only do things that the Council authorizes. He suggested the following
amendment:
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COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO
AMEND SCOPE OF WORK, COMPENSATION, TO READ, “SPECIAL COUNSEL SHALL
GENERALLY PROVIDE LEGAL SERVICES AS ASSIGNED BY THE MAYOR AND CITY
COUNCIL AND SHALL PROVIDE SUCH OTHER OR ADDITIONAL SERVICES AS MAY
FROM TIME TO TIME BE REQUESTED BY THE CITY. THE VOTE ON AMENDMENT
CARRIED UNANIMOUSLY.
Councilmember Fraley-Monillas commented she will not support the main motion based on the hiring of
a new law firm.
Councilmember Wilson hoped the majority of the Council did not share Councilmember Fraley-Monillas’
viewpoint because Mr. Snyder has already provided services for which he needed to be compensated.
Councilmember Fraley-Monillas assured she did not assume that Mr. Snyder would not be compensated.
She was voting in opposition to the proposed contract.
Councilmember Plunkett requested the amended contract be scheduled on the Consent Agenda.
Councilmember Bernheim commented Mr. Snyder has not yet agreed to the contract.
Councilmember Wilson clarified the main motion as amended authorizes the Mayor to sign the contract
as amended and does not include scheduling it on the Consent Agenda.
City Clerk Sandy Chase restated the amendment as follows:
Paragraph B under Compensation, Scope of Work, would be revised to read, “Special Counsel
shall generally provide legal services as assigned by the City Council.”
MOTION CARRIED (5-1), COUNCILMEMBER FRALEY-MONILLAS VOTING NO.
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
ACCEPT MAYOR COOPER’S MEMO REGARDING THE SCOPE OF WORK AND THE
TRANSITION AGREEMENT. MOTION CARRIED UNANIMOUSLY.
9. REPORT ON BIDS OPENED FEBRUARY 17, 2011 FOR THE 2010 WATERLINE
REPLACEMENT PROJECT, AWARD CONTRACT IN THE AMOUNT OF $1,834,833.02 TO
KAR-VEL CONSTRUCTION COMPANY AND APPROPRIATE AN ADDITIONAL $273,922 TO
THE 412-100 WATER UTILITY FUND TO CONSTRUCT THE PROJECT.
City Engineer Rob English reported on February 17, 2011 the City opened 9 bids to construct the 2010
waterline replacement project. Kar-Vel Construction provided the low bid of $1,834,833. The project
replaces approximately 10,000 lineal feet of waterline along with fire hydrants, replaces two existing
pressure reducing stations and adds one new station for improved water service. The construction budget
was estimated at $2,165,000. The majority of funding is from the 412-100 Water Utility Fund. An
appropriation of $273,922 is requested from unspent funds in the 2010 budget. There is also a request for
a General Fund transfer of $104,570 for fire hydrant replacement. This is paid from the 8.7% utility tax
that was approved by the Council in June 2009 for this purpose. He recognized Project Manager Mike
DeLilla, Senior Utilities Engineer, who was hired last fall and noted this has been his primary effort over
the past six months. Staff’s recommendation is to award the contract to Kar-Vel Construction.
Councilmember Buckshnis pointed out Ordinance 3789 asks that amendments to appropriations be
reviewed by the Finance Committee. She asked if that had been done. Mr. English answered it had been
reviewed by the Community Services/Development Services Committee at their March 8 meeting but not
by the Finance Committee. Councilmember Buckshnis observed this was an amendment to the budget
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and moving money from one fund to another which would require a budget amendment. Mr. English
agreed it would eventually be a budget amendment; according to Finance it will be included in the mid-
year budget amendment.
Councilmember Wilson observed the utility tax is collected in the General Fund not the Utility Fund. This
is appropriately moving money from utility tax in the General Fund into the Utility Fund. There is also
essentially a loan from the General Fund to the Utility Fund in the amount of $104,000 via a transfer.
Public Works Director Phil Williams explained the additional 8.7% utility tax approved in 2009 is the
source of funds that are collected by the General Fund. When qualifying work is available, money is
transferred back to the Utility Fund for hydrant capital projects or operations and maintenance of
hydrants. The additional revenue generated by the 8.7% utility tax is approximately $340,000; the Utility
Fund invoices the General Fund as funds are spent on qualifying projects.
Councilmember Wilson asked whether any of the $340,000 has been spent. Mr. Williams advised funds
have been spent year-to-date on operations and maintenance; weekly or monthly invoices are not sent to
the General Fund; reimbursement from the General Fund is typically requested at yearend.
Councilmember Wilson asked whether it was a foregone conclusion that the invoices would never exceed
the $340,000 revenue stream. Mr. Williams answered no.
Councilmember Wilson asked whether the funds would be taken from next year’s utility tax if the
invoiced amount exceeded the revenue stream. Mr. Williams answered in the first couple years the utility
tax has been collected, that has not been necessary. The 8.7% utility tax in the first two years was higher
than was needed to generate the funds necessary to reimburse the work that was done. That would not
necessarily be the case every year. The amount of reimbursement depends on the amount of fire hydrant
work in the capital program; the amount of operations and maintenance should be fairly consistent.
Councilmember Wilson relayed his concern stems from a less than aggressive level of oversight by the
Council and some staff, particularly parks, not keeping the Council informed about project overruns and a
relatively flippant assumption that the Council would approve all budget amendments and appropriations.
He assured the flippant assumption had not been from Mr. Williams. He wanted to avoid the assumption
that the Council would approve every budget amendment and overrun.
Mr. Williams advised the $104,000 from the General Fund is not necessarily a budget adjustment. The
budget adjustment is the $273,000. $300,000 was budgeted last year for waterline replacement that did
not occur and the request was to re-appropriate that amount to this year’s project. He acknowledged that
would require a budget amendment either now or as part the mid-year budget amendment.
Councilmember Wilson voiced another irritant that would apply to the next agenda item and was the
reason he voted against the Capital Facilities Plan; the City does not have any plan for maintaining capital
projects in the City such as roads or facilities and the City just waits until things fall apart and then spends
money that has never been budgeted and replaces other projects.
Mayor Pro Tem Petso inquired about the effect of delaying this contract award to allow it to be reviewed
by the Finance Committee next month. Mr. Williams answered the contract is ready to be awarded; a
delay would result in a day-for-day delay in the project. He commented both committees could have a
legitimate interest in this item, certainly Community Services/Development Services which is the home
committee for Public Works to discuss infrastructure issues. It is difficult to present a project to two
committees in the same evening. He requested the Council provide direction with regard to making those
decisions.
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Councilmember Buckshnis commented after reviewing Ordinance 3789, she found it states requested
rather than required. She relayed the Council’s concern with overruns such as at Haines Wharf that were
not presented to Council until the money had been spent. She noted it would be helpful to address any
overages with the Finance Committee. Mr. Williams advised an extensive conversation regarding that
project is scheduled on next week’s agenda.
Councilmember Fraley-Monillas commented this project was discussed at the Community
Services/Development Services Committee and a decision was made to forward it to the full Council for
discussion. She should have recommended it be reviewed by the Finance Committee. Mr. Williams
suggested the Council indicate whether they wished to have an item reviewed by two committees because
that was generally not the direction staff has been given in the past.
Councilmember Bernheim commented there was no error and it did not need to be referred to the Finance
Committee. The Finance Ordinance 3789 requests that when the monthly financial reports are submitted
to the Finance Committee, items like this that have a budget amendment associated with it be included.
Councilmember Plunkett commented this issue has been resolved and will be better now as the City
moves forward with a cooperative Finance Department. Mr. Williams’ cooperation and work with the
Council is appreciated by all.
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
AWARD THE CONTRACT TO KAR-VEL CONSTRUCTION COMPANY AND APPROPRIATE
AN ADDITIONAL $273,922 OF WATER UTILITY REVENUE TO THE 412-100 WATER
UTILITY FUND. MOTION CARRIED UNANIMOUSLY.
10. RESOLUTION AUTHORIZING THE MAYOR AND STAFF TO DISPENSE WITH
COMPETITIVE BIDDING REQUIREMENTS TO ALLOW FOR AN EMERGENCY REPAIR ON
THE STORMWATER PIPE IN DAYTON STREET
Public Works Director Phil Williams explained on or about February 20, 2011 a depression in the
roadway was noticed in the intersection of Railroad & Dayton. It was very near a new manhole placed
last July in a project anticipating the future Burlington Northern double tracking. On February 24 he
received a call advising of a sizable sinkhole in the roadway at Railroad & Dayton. Staff called the
contractor who set the manhole and requested they look at the sinkhole to determine whether it was
related to the manhole. They inspected it and found it had not been grouted as was required in the
specifications last July. Staff’s initial assumption was that the manhole surcharged and was pumping the
soil out, causing the void. Therefore staff contacted the contractor, ICI and requested they fix the
problem.
Upon closer inspection they discovered the manhole needed to be repaired but the problem was actually a
hole in the 24-inch concrete line approximately 6 feet away from the manhole. It was finally determined
that ICI would pay their own costs for the first day’s response to diagnose the problem, pay to repair the
manhole but replacing 65 feet of the 24-inch concrete line between the manhole and the next manhole
with PCV pipe would be the City’s responsibility because it was an improvement to the City’s system.
Because this needed to be repaired immediately, the Mayor and City Attorney determined an emergency
could be declared and the declaration of emergency presented to the Council within two weeks. The
agenda item is for the Council to approve the declaration of emergency to repair the pipe. That waives the
competitive bidding requirement and allows the City to contract directly with ICI who has now completed
the bulk of that repair. There is also a contract with ICI with a not-to-exceed amount of $67,500 cost for
the repair.
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In videoing the entire pipe, it was discovered to be in very poor condition, cracked throughout its length
on the crown as well as cracked and split on the sides where it goes under the railroad tracks. The chosen
method of repair would be to line the pipe with one of several potential technologies between the last
manhole, this line and the east side of the tracks to this new manhole, and from the second manhole to the
stormceptor in the brick work at Olympic Beach Park. It needs to be done this year before the next winter
season. That will be a more expensive project and will be presented to the Council on a future agenda.
With the Council’s approval, the 2011 CIP stormwater projects will be rebalanced to accommodate this
project.
Councilmember Fraley-Monillas recalled the Community Services/Development Services Committee was
told this would be a 50/50 cost split. Mr. Williams explained the replacement of the 65 feet of pipe is the
City’s responsibility as it is an improvement to the system. He explained typically with a time and
materials contract like this, the Department of Transportations contract specification language allows for a
29% markup on labor for the contractor. Staff negotiated that down to 10%, a further accommodation by
the contractor to partner with the City on this project.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE RESOLUTION NO. 1247 AUTHORIZING THE MAYOR AND
STAFF TO DISPENSE WITH COMPETITIVE BIDDING REQUIREMENTS TO ALLOW FOR
AN EMERGENCY REPAIR ON THE STORMWATER PIPE IN DAYTON STREET. MOTION
CARRIED UNANIMOUSLY.
11. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF MARCH 1 AND 8, 2011.
Public Safety & Human Resources Committee
Councilmember Wilson reported the committee discussed the camping ordinance. Last fall the Police
Department brought the Council an ordinance banning camping in the streets. He asked it be removed
from the agenda and returned to the committee for further review. The committee met with a group of
homeless advocates and Assistant Police Chief Gannon advised the compromise reached with the
homeless advocates would not be workable without new dollars from the City. Assistant Chief Gannon
recommended rescinding the camping ordinance in its entirety. Without the ordinance, Councilmember
Fraley-Monillas asked what happens if the Police Department finds someone camping in a City park.
Councilmember Wilson clarified the ordinance would not be rescinded, discussion regarding the
ordinance will not continue. In practice there are a range of things the Police Department does when they
discover a homeless person camping in a City park including referring them to a homeless shelter. There
are also discussions underway regarding coordinating with homeless advocates on better communication
between the Police Department and shelters. Existing law would preclude anyone being in a park after
dusk.
Councilmember Buckshnis recalled Snohomish County recently received funds for homeless shelters. She
preferred to have some plan in place and recommended the matter be revisited again in committee.
Councilmember Wilson responded that was a different topic than the camping ordinance. Discussions
regarding how to help the homeless will continue at the next committee meeting.
Councilmember Fraley-Monillas asked the current procedure for a person found sleeping in their car in a
City park. Councilmember Wilson answered the City would not do anything unless there was a
complaint. If there was a complaint the police may check on them and inform them of homeless shelters
and services.
Councilmember Wilson reported the committee also discussed the City’s medical benefits and how to
control costs so that the rate of medical inflation does not increase so rapidly while maintaining and
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possibly improving benefits to employees. The committee talked with the Human Resources Director and
a consultant the logistics of self-insurance and they reported what the Health Benefits Committee learned
previously. The committee relayed the Council’s interest in applying a large portion of reserve funds. In
the second paragraph of the Public Safety & Human Resources Committee minutes, Councilmember
Wilson advised the comment regarding 200 employees was not made by Mr. Loos but was a level of
employees that had been discussed. Councilmember Wilson pointed out if a number of layoffs are
anticipated in the future if additional revenue is not provided via a levy, that is a reason not to move
forward with self-funded insurance.
Community Services/Development Services Committee
In addition to items placed on tonight’s agenda, Councilmember Fraley-Monillas reported the committee
discussed the Home Occupations code. She requested the ordinance be scheduled for a public hearing and
that the advertising specify that home occupations are already allowed in all zones. When the matter was
discussed previously, Councilmembers received numerous emails from citizens urging the Council not to
allow home occupations in their neighborhood when they are already allowed. City Clerk Sandy Chase
advised the public hearing had not yet been scheduled, but would be sure that it is.
Finance Committee
Councilmember Bernheim reported the committee addressed possible changes to the public defender
contract; options included a monthly flat fee or the current per case rate. The committee then discussed
the $10,000/year Woodway police contract. Staff will develop cost models to demonstrate to Woodway
realistic pricing for this service. The monthly General Fund update was postponed to the April meeting as
no one from the Finance Department attended the meeting. The committee briefly discussed surplusing of
certain items. An amendment to the Equipment Rental Fund Ordinance to allow fire asset transfer was
discussed and approved for the Consent Agenda.
12. MAYOR'S COMMENTS
Mayor Pro Tem Petso thanked Senior Executive Council Assistant Jana Spellman for informing her last
week that she would be chairing tonight’s meeting. She thanked City Attorney Jeff Taraday for meeting
with her today to discuss the procedures for the closed record review. She thanked the Council for their
patience with her chairing of the meeting.
13. COUNCIL COMMENTS
Councilmember Fraley-Monillas reported the Edmonds Police Department is participating in a
Snohomish Health Department program to get old, unwanted medications placed in a safe, secure place.
There is a secure drop box at the Edmonds Police Department. The Health Department will incinerate the
medications at a facility in Spokane
Councilmember Wilson relayed a story from John Harder, a resident in south Edmonds, whose house was
burglarized a few weeks ago. He arrived home at 3:00 a.m. and called 911. The police arrived within 2
minutes and although the burglar escaped, the police got a description and the description was forwarded
to other officers. One officer recalled a vehicle with that description at a motel in Edmonds. The police
went to the motel and as they were pulling in, encountered the truck containing Mr. Harder’s property. He
summarized this is a testament to how good the Edmonds Police Department is.
Councilmember Wilson wished the City’s former Finance Director Lorenzo Hines well in his new
position in Lynnwood. He offered comments from the perspective of one Councilmember that was not
made public and only expressed previously in executive session. The experience that some of his
colleagues have had was very unfortunate and some of the claims were egregious. He recognized it could
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have been him because in 2009 he was very displeased with three different sets of numbers provided
during the Fire District 1 negotiations. The Fire District 1 negotiations concluded the first week of
November and during the second week of January. Mr. Hines said he did not stand by any of the numbers
and though he was hired specifically to review them, did not give them any credence or credibility. With
that statement, there was not a single person employed at the City with any financial background who
could speak with confidence to those numbers. It was one of the more contentious, challenging and
rigorous debates the Council has had.
He met with Mr. Hines, the Human Resources Director and Deputy Mayor in the absence of the Mayor.
They were able to work some things out, including that there had been a series of miscommunications,
that they now understood each other better and could get along well one on one. From that, he felt he was
not able to ask the kind of questions he wanted to ask in his capacity as a Councilmember and felt he
needed to stop asking questions and simply vote no on matters related to finance. He voted against the
budget and a series of budget amendments, quietly voicing his protest because he felt he did not get the
information he needed to cast his vote confidently. Although he wished Mr. Hines well, he commended
Mayor Cooper for his attentive and sensitive guidance on this matter. The public is not aware how much
time Mayor Cooper spent with individual Councilmembers, allowing them to air their concerns. This
could have gone a very different way and it should be a vote of confidence for Mayor Cooper that this
ended as amicably and as well as it did and that the City was able to move on.
Councilmember Buckshnis advised the March 17 WRIA 8 meeting will include moving the daylighting
of Willow Creek from the 10 year plan to the 3 year plan. She thanked Parks & Recreation Director
Carrie Hite, Keely O’Connell, Stormwater Engineer Program Manager Jerry Schuster, and former Parks
& Recreation Director Brian McIntosh for moving that project forward. If that project is moved forward,
there is a great deal of grant money available.
14. ADJOURN
With no further business, the Council meeting was adjourned at 9:36 p.m.
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AM-3817 Item #: 2. C.
City Council Meeting
Date: 03/22/2011
Time:Consent
Submitted For:Jim Tarte Submitted By:Nori Jacobson
Department:Finance
Review
Committee:
Committee
Action:
Approve for Consent Agenda
Type:Action
Information
Subject Title
Approval of claim checks #124369 through #124513 dated March 17, 2011 for $262,604.70. Approval of
payroll direct deposit and checks #50294 through #50319 for the period March 1, 2011 through March
15, 2011 for $650,113.35.
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:912,718.05
Fiscal Impact:
Claims $262,604.70
Payroll $650,113.35
Attachments
Claim Checks for 3-17-11
Form Review
Inbox Reviewed By Date
Finance Jim Tarte 03/17/2011 10:46 AM
City Clerk Sandy Chase 03/17/2011 12:43 PM
Community Services/Economic Dev.Stephen Clifton 03/17/2011 12:47 PM
Final Approval Sandy Chase 03/17/2011 01:02 PM
Form Started By: Nori Jacobson Started On: 03/17/2011 09:39 AM
Final Approval Date: 03/17/2011
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03/17/2011
Voucher List
City of Edmonds
1
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124369 3/11/2011 067865 VERIZON WIRELESS 0953242497 C/A 571242650-0001
Blackberry Cell Phone Service Bld Dept
001.000.620.524.100.420.00 100.07
Blackberry Cell Phone Service City Clerk
001.000.250.514.300.420.00 57.06
Blackberry Cell Phone Service Court
001.000.230.512.500.420.00 401.69
Blackberry Cell Phone Service Planning
001.000.620.558.600.420.00 122.74
Blackberry Cell Phone Service Econ
001.000.610.519.700.420.00 57.06
Blackberry Cell Phone Service
001.000.620.532.200.420.00 433.53
Blackberry Cell Phone Service Facilities
001.000.651.519.920.420.00 115.58
Blackberry Cell Phone Service Finance
001.000.310.514.230.420.00 57.06
Blackberry Cell Phone Service HR
001.000.220.516.100.420.00 57.06
Blackberry Cell Phone Service IT
001.000.310.518.880.420.00 934.37
Blackberry Cell Phone Service Mayor's
001.000.210.513.100.420.00 157.13
Blackberry Cell Phone Service Parks Dept
001.000.640.574.100.420.00 315.91
Blackberry Cell Phone Service Police
001.000.410.521.220.420.00 1,242.96
Blackberry Air Cards Police Dept
001.000.410.521.220.420.00 724.18
Blackberry Cell Phone Service PW Admin
001.000.650.519.910.420.00 344.62
Blackberry Cell Phone Service PW St Dept
111.000.653.542.900.420.00 87.86
Blackberry Cell Phone Service PW Fleet
1Page:
Packet Page 22 of 147
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City of Edmonds
2
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124369 3/11/2011 (Continued)067865 VERIZON WIRELESS
511.000.657.548.680.420.00 59.97
Blackberry Cell Phone Service PW Water/
411.000.654.534.800.420.00 51.49
Blackberry Cell Phone Service PW Water/
411.000.655.535.800.420.00 51.49
Blackberry Cell Phone Service Sewer Dept
411.000.655.535.800.420.00 102.73
Blackberry Cell Phone Service WWTP
411.000.656.538.800.420.00 141.96
Blackberry Cell Phone Service PW Water
411.000.654.534.800.420.00 167.71
Total :5,784.23
124370 3/17/2011 041695 3M XAM3522 ss66167 Water Line Project - Black Vinyl
Water Line Project - Black Vinyl
412.100.630.594.320.650.00 183.75
9.5% Sales Tax
412.100.630.594.320.650.00 17.45
Water Line Project - Orange Vinylss66168
Water Line Project - Orange Vinyl
412.100.630.594.320.650.00 240.00
9.5% Sales Tax
412.100.630.594.320.650.00 22.80
Total :464.00
124371 3/17/2011 069798 A.M. LEONARD INC CI11015418 WIND/TEMPERATURE METER
LACROSSE WIND & TEMPERATURE METER
001.000.640.576.800.310.00 99.98
Freight
001.000.640.576.800.310.00 6.99
Total :106.97
124372 3/17/2011 066417 AIRGAS NOR PAC INC 101049662 M5Z34
CAL GAS
411.000.656.538.800.310.22 25.00
2Page:
Packet Page 23 of 147
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City of Edmonds
3
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124372 3/17/2011 (Continued)066417 AIRGAS NOR PAC INC
9.5% Sales Tax
411.000.656.538.800.310.22 2.38
M5Z34101059553
CYLINDER RENTAL
411.000.656.538.800.450.21 34.00
9.5% Sales Tax
411.000.656.538.800.450.21 3.23
Total :64.61
124373 3/17/2011 001057 ALMY, DON ALMY0315 VOLLEYBALL LEAGUE SUPERVISION
VOLLEYBALL LEAGUE SUPERVISION @ EDMONDS
001.000.640.575.520.410.00 918.00
Total :918.00
124374 3/17/2011 069667 AMERICAN MARKETING 13236 HAINES WHARF VIEWING PARK PLAQUE
BRONZE PLAQUE FOR VIEWING SCOPE AT
127.000.640.575.500.310.00 168.40
Freight
127.000.640.575.500.310.00 6.90
9.5% Sales Tax
127.000.640.575.500.310.00 16.65
Total :191.95
124375 3/17/2011 069751 ARAMARK 655-5435659 UNIFORM SERVICES
PARK MAINTENANCE UNIFORM SERVICES
001.000.640.576.800.240.00 25.02
9.5% Sales Tax
001.000.640.576.800.240.00 2.38
Total :27.40
124376 3/17/2011 069751 ARAMARK 655-5435665 UNIFORM
UNIFORM
411.000.656.538.800.240.00 67.38
9.5% Sales Tax
411.000.656.538.800.240.00 6.40
3Page:
Packet Page 24 of 147
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City of Edmonds
4
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :73.78124376 3/17/2011 069751 069751 ARAMARK
124377 3/17/2011 072576 ART ACCESS 12182 LISTING
ART COMMISSION'S PORTION OF LISTING
123.000.640.573.100.440.00 52.50
Total :52.50
124378 3/17/2011 070251 ASHBROOK SIMON-HARTLEY 115052 ROLLER/NYLON COATED SHAFT
ROLLER/NYLON COATED SHAFT
411.000.656.538.800.310.21 5,369.00
Freight
411.000.656.538.800.310.21 434.69
Total :5,803.69
124379 3/17/2011 071124 ASSOCIATED PETROLEUM 0161168-IN Fleet - Regular - 8801 Gal
Fleet - Regular - 8801 Gal
511.000.657.548.680.340.11 22,852.68
St Excise Tax Gas, WA Oil Spill
511.000.657.548.680.340.11 3,484.14
Diesel - 1530 Gal
511.000.657.548.680.340.10 4,328.98
St Excise Tax Diesel, WA Oil Spill
511.000.657.548.680.340.10 608.50
BioDiesel - 172 Gal
511.000.657.548.680.340.13 743.01
St Excise Tax , WA Oil Spill Recovery
511.000.657.548.680.340.13 71.41
Wa St Svc Fee
511.000.657.548.680.340.13 40.00
9.5% Sales Tax
511.000.657.548.680.340.13 3.80
Total :32,132.52
124380 3/17/2011 064343 AT&T 425-776-5316 PARKS FAX MODEM
PARKS FAX MODEM
001.000.640.576.800.420.00 42.06
4Page:
Packet Page 25 of 147
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City of Edmonds
5
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :42.06124380 3/17/2011 064343 064343 AT&T
124381 3/17/2011 073598 AUBURN MECHANICAL BLD20110146 Overpayment of online plumbing permit
Overpayment of online plumbing permit
001.000.000.257.620.000.00 10.00
Overpayment of online pluming permitBLD20110148
Overpayment of online pluming permit
001.000.000.257.620.000.00 10.00
Total :20.00
124382 3/17/2011 073035 AVAGIMOVA, KARINE 1094 INTERPRETER FEE
INTERPRETER FEE
001.000.230.512.500.410.01 100.00
INTERPRETER FEE1129
INTERPRETER FEE
001.000.230.512.501.410.01 100.00
Total :200.00
124383 3/17/2011 069076 BACKGROUND INVESTIGATIONS INC COE0211 Background check services
Background check services
001.000.220.516.100.410.00 70.00
Total :70.00
124384 3/17/2011 070992 BANC OF AMERICA LEASING 011800648 Canon 5870 Copier Charge
Canon 5870 Copier Charge
001.000.610.519.700.450.00 101.35
Canon 5870 Copier Charge
001.000.220.516.100.450.00 101.32
Canon 5870 Copier Charge
001.000.210.513.100.450.00 101.33
Supply Charge
001.000.610.519.700.450.00 25.00
Supply Charge
001.000.220.516.100.450.00 25.00
Supply Charge
001.000.210.513.100.450.00 25.00
5Page:
Packet Page 26 of 147
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City of Edmonds
6
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124384 3/17/2011 (Continued)070992 BANC OF AMERICA LEASING
9.5% Sales Tax
001.000.610.519.700.450.00 12.01
9.5% Sales Tax
001.000.220.516.100.450.00 12.00
9.5% Sales Tax
001.000.210.513.100.450.00 11.99
Total :415.00
124385 3/17/2011 073593 BELANICH, CASSANDRA BELANICH0309 REFUND
CUSTOMER REQUESTED REFUND
001.000.000.239.200.000.00 300.00
Total :300.00
124386 3/17/2011 069226 BHC CONSULTANTS LLC 3731 E8GA.SERVICES THRU 2/18/11
E8GA.Services thru 2/18/11
412.300.630.594.320.410.00 24,000.00
E8GA.Services thru 2/18/11
412.100.630.594.320.410.00 4,185.30
Total :28,185.30
124387 3/17/2011 002500 BLUMENTHAL UNIFORMS & EQUIP 808182-81 INV#808182-81 - EDMONDS PD - MACK
2ND CHANCE BALLISTIC VEST
001.000.410.521.220.240.00 725.00
9.5% Sales Tax
001.000.410.521.220.240.00 68.88
INV#863211 - EDMONDS PD - MACHADO863211
SERVICE BARS
001.000.410.521.220.240.00 9.10
9.5% Sales Tax
001.000.410.521.220.240.00 0.86
Total :803.84
124388 3/17/2011 073550 BOLIN, HALEY BOLIN0312 ANDERSON CENTER MONITOR
GYM MONITOR FOR GYM RENTAL AND DANCE
001.000.640.574.100.410.00 48.00
6Page:
Packet Page 27 of 147
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City of Edmonds
7
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :48.00124388 3/17/2011 073550 073550 BOLIN, HALEY
124389 3/17/2011 073560 BRAYMAN, KIMBERLIE BRAYMAN13379 MIXED MEDIA TECHNIQUES
MIXED MEDIA TECHNIQUES #13379
001.000.640.574.200.410.00 197.60
Total :197.60
124390 3/17/2011 066578 BROWN AND CALDWELL 1412716 C311
C311 ODOR CONTROL PROJECT
414.000.656.594.320.650.00 2,086.29
Total :2,086.29
124391 3/17/2011 071434 BRUNETTE, SISSEL BRUNETTE13584 FIT MAMAS
FIT MAMAS #13584
001.000.640.575.540.410.00 102.20
FIT MAMAS #13586
001.000.640.575.540.410.00 189.00
Total :291.20
124392 3/17/2011 071360 CASCADE INDUSTRIES NW INC 2698 10-132
SANDBLASTING PUMP
411.000.656.538.800.480.21 375.00
9.5% Sales Tax
411.000.656.538.800.480.21 35.63
Total :410.63
124393 3/17/2011 068867 CHILDREN'S BOOKSHOP &, TEACHING SUPPLIES110037 MEADOWDALE PRESCHOOL SUPPLIES
SUPPLIES FOR MEADOWDALE PRESCHOOL
001.000.640.575.560.310.00 28.96
9.5% Sales Tax
001.000.640.575.560.310.00 2.75
Total :31.71
124394 3/17/2011 073601 CITY BANK 3-50226 RE:ESCROW ACCT#1235183426 UTILITY REFUND
RE: ESCROW ACCT#1235183426 UTILITY
411.000.000.233.000.000.00 80.60
7Page:
Packet Page 28 of 147
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City of Edmonds
8
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :80.60124394 3/17/2011 073601 073601 CITY BANK
124395 3/17/2011 063902 CITY OF EVERETT I11000385 Water Quality - Lab Analysis
Water Quality - Lab Analysis
411.000.654.534.800.410.00 567.00
Total :567.00
124396 3/17/2011 019215 CITY OF LYNNWOOD 8538 INV#8538 CUST#47 - EDMONDS PD- FEB R&B
PRISONER R&B FEBRUARY 2011
001.000.410.523.600.510.00 592.50
CREDIT FOR PRISONER R&B CHARGED 1-11CREDIT R&B 1-11
CREDIT FOR PARRISH FROM 1-2011
001.000.410.523.600.510.00 -75.00
Total :517.50
124397 3/17/2011 063389 CLAY, JON 1347 UNIFORM/CLAY
UNIFORM/CLAY
411.000.656.538.800.240.00 152.58
Total :152.58
124398 3/17/2011 073292 COBURN, KAI COBURN0310 VOLLEYBALL GYM ATTENDANT
VOLLEYBALL GYM ATTENDANT @ EDMONDS CC
001.000.640.575.520.410.00 70.00
Total :70.00
124399 3/17/2011 064369 CODE PUBLISHING CO 37496 ZULAUF.EDMONDS CITY CODE BOOK
Zulauf.Edmonds City Code Book
001.000.620.532.200.490.00 75.00
9.5% Sales Tax
001.000.620.532.200.490.00 7.13
Total :82.13
124400 3/17/2011 064369 CODE PUBLISHING CO 37413 CODE UPDATES
Code Book Supplements
001.000.250.514.300.410.00 6,104.80
9.5% Sales Tax
001.000.250.514.300.410.00 579.96
8Page:
Packet Page 29 of 147
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City of Edmonds
9
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :6,684.76124400 3/17/2011 064369 064369 CODE PUBLISHING CO
124401 3/17/2011 073135 COGENT COMMUNICATIONS INC MAR-11 C/A CITYOFED00001
March-11 Fiber Optics Internet
001.000.310.518.870.420.00 916.20
Total :916.20
124402 3/17/2011 005965 CUES INC 341272 Freight
Freight
411.000.655.535.800.420.00 64.02
9.5% Sales Tax
411.000.655.535.800.420.00 6.08
Sewer - TV Truck Supplies341513
Sewer - TV Truck Supplies
411.000.654.534.800.310.00 382.30
Labor
411.000.654.534.800.310.00 300.00
Freight
411.000.654.534.800.310.00 64.02
9.5% Sales Tax
411.000.654.534.800.310.00 42.41
Total :858.83
124403 3/17/2011 063519 CUZ CONCRETE PRODUCTS INC 195187 Storm - Shorty Concrete Catch Basin
Storm - Shorty Concrete Catch Basin
411.000.652.542.400.310.00 472.28
Type 1 Concrete Catch Basin
411.000.652.542.400.310.00 361.44
6" Ext
411.000.652.542.400.310.00 238.56
4" Ext
411.000.652.542.400.310.00 173.46
2" Ext
411.000.652.542.400.310.00 173.46
SVC FEES
411.000.652.542.400.310.00 17.50
9Page:
Packet Page 30 of 147
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City of Edmonds
10
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124403 3/17/2011 (Continued)063519 CUZ CONCRETE PRODUCTS INC
9.5% Sales Tax
411.000.652.542.400.310.00 136.49
Total :1,573.19
124404 3/17/2011 073571 DENT CRAFT NW CORP 927363 Unit 405 - Fender Repairs
Unit 405 - Fender Repairs
511.000.657.548.680.480.00 65.00
Total :65.00
124405 3/17/2011 046150 DEPARTMENT OF LABOR & INDUSTRY 100430 Sr Center Annual Renewal 2009
Sr Center Annual Renewal 2009
001.000.651.519.920.480.00 109.40
PS - Elevator Fees122164
PS - Elevator Fees
001.000.651.519.920.490.00 109.40
Sr Center Annual Renewal 2010122673
Sr Center Annual Renewal 2010
001.000.651.519.920.480.00 109.40
Sr Center Annual Renewal 2011122674
Sr Center Annual Renewal 2011
001.000.651.519.920.480.00 109.40
Total :437.60
124406 3/17/2011 047610 DEPT OF TRANSPORTATION RE41 JA6953 L006 E9DA.WSDOT REVIEW/APPROVE PLANS
E9DA.WSDOT Review/Approve Plans
112.200.630.595.330.410.00 104.86
Total :104.86
124407 3/17/2011 064531 DINES, JEANNIE 11-3184 INV#11-3184 - EDMONDS PD
TRANSCRIPTION CASE #10-4742/4809
001.000.410.521.210.410.00 69.00
TRANSCRIPTION CASE #10-4809
001.000.410.521.210.410.00 78.00
TRANSCRIPTION CASE #11-0185
001.000.410.521.210.410.00 114.00
10Page:
Packet Page 31 of 147
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City of Edmonds
11
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124407 3/17/2011 (Continued)064531 DINES, JEANNIE
TRANSCRIPTION CASE #IA10-004
001.000.410.521.100.410.00 45.00
TRANSCRIPTION CASE #11-0277
001.000.410.521.210.410.00 150.00
TRANSCRIPTION CASE #10-4947
001.000.410.521.210.410.00 111.00
TRANSCRIPTION CASE #11-0538
001.000.410.521.210.410.00 75.00
Total :642.00
124408 3/17/2011 064640 DMCMA 52111 COURT MANAGER'S CONFERENCE
COURT MANAGER'S CONFERENCE
001.000.230.512.500.490.00 75.00
Total :75.00
124409 3/17/2011 070244 DUANE HARTMAN & ASSOCIATES INC 11-1812.1 E1FA.SERVICES THRU 2/27/11
E1FA.Services thru 2/27/11
412.200.630.594.320.410.00 321.00
Total :321.00
124410 3/17/2011 007253 DUNN LUMBER 496436 Fac Maint - Unit 95 - Supplies
Fac Maint - Unit 95 - Supplies
001.000.651.519.920.310.00 18.56
9.5% Sales Tax
001.000.651.519.920.310.00 1.77
Total :20.33
124411 3/17/2011 073037 EDMONDS ACE HARDWARE 001522/1 FAC MAINT
PS - Repair Kit
001.000.651.519.920.310.00 9.99
9.5% Sales Tax
001.000.651.519.920.310.00 0.95
FAC MAINT001523/1
PS - Supplies
001.000.651.519.920.310.00 14.99
11Page:
Packet Page 32 of 147
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City of Edmonds
12
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124411 3/17/2011 (Continued)073037 EDMONDS ACE HARDWARE
9.5% Sales Tax
001.000.651.519.920.310.00 1.42
FAC MAINT001529/1
FAC - Motor Maint Supplies
001.000.651.519.920.310.00 23.35
9.5% Sales Tax
001.000.651.519.920.310.00 2.22
FAC MAINT1517/1
FS 16 - Fasteners
001.000.651.519.920.310.00 2.30
9.5% Sales Tax
001.000.651.519.920.310.00 0.22
FAC MAINT1525/1
Yost Pool - Gutter Screws
001.000.651.519.920.310.00 16.99
9.5% Sales Tax
001.000.651.519.920.310.00 1.61
Total :74.04
124412 3/17/2011 007675 EDMONDS AUTO PARTS 32083 MINI LAMP
MINI LAMP
001.000.640.576.800.310.00 1.66
9.5% Sales Tax
001.000.640.576.800.310.00 0.16
Total :1.82
124413 3/17/2011 007675 EDMONDS AUTO PARTS 30908 Sewer - Equipment Belts
Sewer - Equipment Belts
411.000.655.535.800.310.00 57.79
9.5% Sales Tax
411.000.655.535.800.310.00 5.49
Total :63.28
124414 3/17/2011 067703 EDMONDS COMMUNITY COLLEGE 2434-11211 GYM RENTAL
GYM RENTAL AT EDMONDS CC
12Page:
Packet Page 33 of 147
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City of Edmonds
13
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124414 3/17/2011 (Continued)067703 EDMONDS COMMUNITY COLLEGE
001.000.640.575.520.450.00 5,180.00
Total :5,180.00
124415 3/17/2011 069523 EDMONDS P&R YOUTH SCHOLARSHIP BRIGHT03092011 YOUTH SCHOLARSHIP
YOUTH SCHOLARSHIP: REGINALD BRIGHT
122.000.640.574.100.490.00 75.00
Total :75.00
124416 3/17/2011 008410 EDMONDS PRINTING CO R22967 Sewer - Confined Space Entry Cards (500)
Sewer - Confined Space Entry Cards (500)
411.000.655.535.800.310.00 134.00
9.5% Sales Tax
411.000.655.535.800.310.00 12.73
Total :146.73
124417 3/17/2011 008812 ELECTRONIC BUSINESS MACHINES 061952 CANON 5870 COPIES CHARGE (12/7/10-1/7/11
Copier Maintenance 12/7/10 to 1/7/11
001.000.210.513.100.480.00 28.05
Copier Maintenance 12/7/10 to 1/7/11
001.000.610.519.700.480.00 28.05
Copier Maintenance 12/7/10 to 1/7/11
001.000.220.516.100.480.00 28.05
9.5% Sales Tax
001.000.210.513.100.480.00 2.66
9.5% Sales Tax
001.000.610.519.700.480.00 2.66
9.5% Sales Tax
001.000.220.516.100.480.00 2.67
CANON 5870 COPIES CHARGE (1/7/11-2/7/11)062497
Copier Maintenance 1/7/11 to 2/7/11
001.000.210.513.100.480.00 18.36
Copier Maintenance 1/7/11 to 2/7/11
001.000.610.519.700.480.00 18.36
Copier Maintenance 1/7/11 to 2/7/11
001.000.220.516.100.480.00 18.36
13Page:
Packet Page 34 of 147
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City of Edmonds
14
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124417 3/17/2011 (Continued)008812 ELECTRONIC BUSINESS MACHINES
9.5% Sales Tax
001.000.210.513.100.480.00 1.74
9.5% Sales Tax
001.000.610.519.700.480.00 1.74
9.5% Sales Tax
001.000.220.516.100.480.00 1.75
Total :152.45
124418 3/17/2011 069042 EVERETT HYDRAULICS INC 0000015532 Unit 11 - Reseal Plow Cylinder
Unit 11 - Reseal Plow Cylinder
511.000.657.548.680.480.00 185.00
9.2% Sales Tax
511.000.657.548.680.480.00 17.02
Total :202.02
124419 3/17/2011 066378 FASTENAL COMPANY WAMOU22184 Sewer - Supplies
Sewer - Supplies
411.000.655.535.800.310.00 8.57
9.5% Sales Tax
411.000.655.535.800.310.00 0.81
Street - Mirror for OVDWAMOU22185
Street - Mirror for OVD
111.000.653.542.900.310.00 112.51
Freight
111.000.653.542.900.310.00 4.80
9.5% Sales Tax
111.000.653.542.900.310.00 11.13
Total :137.82
124420 3/17/2011 009815 FERGUSON ENTERPRISES INC 0283740 Hydrant Inventory - Brass 90 Ell, 1'
Hydrant Inventory - Brass 90 Ell, 1'
411.000.654.534.800.310.00 575.55
9.5% Sales Tax
411.000.654.534.800.310.00 54.67
Sewer - PVC Couplings0284615
14Page:
Packet Page 35 of 147
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City of Edmonds
15
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124420 3/17/2011 (Continued)009815 FERGUSON ENTERPRISES INC
Sewer - PVC Couplings
411.000.655.535.800.310.00 593.80
Freight
411.000.655.535.800.310.00 27.90
9.5% Sales Tax
411.000.655.535.800.310.00 59.07
Hydrant Supplies - 731 Laurel - Hydrant0284804
Hydrant Supplies - 731 Laurel - Hydrant
411.000.654.534.800.310.00 2,134.87
7.7% sales tax
411.000.654.534.800.310.00 164.38
Sewer - PVC Couplings0284989
Sewer - PVC Couplings
411.000.655.535.800.310.00 226.00
Freight
411.000.655.535.800.310.00 22.05
9.5% Sales Tax
411.000.655.535.800.310.00 23.56
Water - Supplies0284997
Water - Supplies
411.000.654.534.800.310.00 175.04
7.7% sales tax
411.000.654.534.800.310.00 13.48
Water - Supplies1975434
Water - Supplies
411.000.654.534.800.310.00 80.63
Freight
411.000.654.534.800.310.00 9.82
9.5% Sales Tax
411.000.654.534.800.310.00 8.59
Total :4,169.41
124421 3/17/2011 069940 FIRST ADVANTAGE SBS 220531 INV 220531 ACCT ODY900JJM EDMONDS PD
CREDIT REPORT - OSBORN
001.000.410.521.100.410.00 10.50
15Page:
Packet Page 36 of 147
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City of Edmonds
16
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :10.50124421 3/17/2011 069940 069940 FIRST ADVANTAGE SBS
124422 3/17/2011 070855 FLEX PLAN SERVICES INC 171894 March 2011 Section 132 plan fees
March 2011 Section 132 plan fees
001.000.220.516.100.410.00 25.00
Total :25.00
124423 3/17/2011 010660 FOSTER, MARLO 21 LEOFF 1 Reimbursement
LEOFF 1 Reimbursement
009.000.390.517.370.230.00 88.80
Total :88.80
124424 3/17/2011 011900 FRONTIER 425-744-1681 SEAVIEW PARK IRRIGATION MODEM
SEAVIEW PARK IRRIGATION MODEM
001.000.640.576.800.420.00 42.49
SIERRA PARK IRRIGATION MODEM425-744-1691
SIERRA PARK IRRIGATION MODEM
001.000.640.576.800.420.00 41.83
BEACH RANGER PHONE @ FISHING PIER425-775-1344
BEACH RANGER PHONE @ FISHING PIER
001.000.640.574.350.420.00 54.39
YOST POOL425-775-2645
YOST POOL
001.000.640.575.510.420.00 50.96
GROUNDS MAINTENANCE FAX MODEM425-776-5316
GROUNDS MAINTENANCE FAX MODEM
001.000.640.576.800.420.00 110.23
Total :299.90
124425 3/17/2011 011900 FRONTIER 425 712-0423 AFTER HOURS PHONE
AFTER HOURS PHONE
411.000.656.538.800.420.00 56.85
03 0210 1079569413 10425 NW1-0060
AUTO DIALER
411.000.656.538.800.420.00 41.47
03 0210 1099569419 02425 NW1-0155
16Page:
Packet Page 37 of 147
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City of Edmonds
17
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124425 3/17/2011 (Continued)011900 FRONTIER
TELEMETRY
411.000.656.538.800.420.00 218.12
03 0210 1014522641 07425-771-5553
AUTO DIALER
411.000.656.538.800.420.00 95.24
Total :411.68
124426 3/17/2011 073594 GODBEY, TIM GODBEY0307 DAMAGE DEPOSIT REFUND
REFUND OF PLAZA ROOM DAMAGE DEPOSIT
001.000.000.239.200.000.00 500.00
Total :500.00
124427 3/17/2011 012199 GRAINGER 9474344836 DAMPER
MOTORIZED DAMPER
001.000.640.576.800.310.00 334.35
9.5% Sales Tax
001.000.640.576.800.310.00 31.76
Total :366.11
124428 3/17/2011 061410 GRCC/WETRC 111961 Water -BackFlow Assembly Tester Cert.
Water -BackFlow Assembly Tester Cert.
411.000.654.534.800.490.00 675.00
Total :675.00
124429 3/17/2011 012560 HACH COMPANY 7121503 Water Quality Supplies
Water Quality Supplies
411.000.654.534.800.310.00 596.72
Freight
411.000.654.534.800.310.00 36.95
9.5% Sales Tax
411.000.654.534.800.310.00 60.19
Total :693.86
124430 3/17/2011 010900 HD FOWLER CO INC I2861639 Water - Supplies
Water - Supplies
17Page:
Packet Page 38 of 147
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City of Edmonds
18
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124430 3/17/2011 (Continued)010900 HD FOWLER CO INC
411.000.654.534.800.310.00 1,202.36
9.5% Sales Tax
411.000.654.534.800.310.00 114.22
Total :1,316.58
124431 3/17/2011 071417 HD SUPPLY WATERWORKS LTD 2552832 Sewer - 220 Alder St - PVC Pipe
Sewer - 220 Alder St - PVC Pipe
411.000.655.535.800.310.00 952.80
9.5% Sales Tax
411.000.655.535.800.310.00 90.52
Sewer - Supplies2561697
Sewer - Supplies
411.000.655.535.800.310.00 158.99
9.5% Sales Tax
411.000.655.535.800.310.00 15.10
Total :1,217.41
124432 3/17/2011 072647 HERRERA ENVIRONMENTAL 24122 E9FB.SERVICES THRU 2/25/11
E9FB.Services thru 2/25/11
412.200.630.594.320.410.00 1,401.39
Total :1,401.39
124433 3/17/2011 069164 HEWLETT-PACKARD COMPANY 49065187 HP 90W DOCKING STATION, STAND
HP 90W Docking Station, Display &
001.000.310.518.880.310.00 279.57
9.5% Sales Tax
001.000.310.518.880.310.00 26.56
HP EXTENDED LIFE BATTERY FOR LAPTOP49078283
HP Extended Life Battery
001.000.310.518.880.310.00 159.00
9.5% Sales Tax
001.000.310.518.880.310.00 15.11
HP LAPTOP FOR IT SUPPORT49084996
HP Laptop 14" LCD, 4GB Ram, 250G HDD,
001.000.310.518.880.350.00 1,230.40
18Page:
Packet Page 39 of 147
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City of Edmonds
19
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124433 3/17/2011 (Continued)069164 HEWLETT-PACKARD COMPANY
9.5% Sales Tax
001.000.310.518.880.350.00 116.88
Total :1,827.52
124434 3/17/2011 067862 HOME DEPOT CREDIT SERVICES 1049378 PW - Paint Supplies
PW - Paint Supplies
001.000.651.519.920.310.00 20.68
9.5% Sales Tax
001.000.651.519.920.310.00 1.96
Fac Maint Shop - Supplies3037388
Fac Maint Shop - Supplies
001.000.651.519.920.310.00 61.95
9.5% Sales Tax
001.000.651.519.920.310.00 5.89
Traffic Control - Supplies3037414
Traffic Control - Supplies
111.000.653.542.640.310.00 52.37
9.5% Sales Tax
111.000.653.542.640.310.00 4.98
Fac Maint Shop - Supplies3038726
Fac Maint Shop - Supplies
001.000.651.519.920.310.00 25.96
9.5% Sales Tax
001.000.651.519.920.310.00 2.47
Sewer - Supplies3038762
Sewer - Supplies
411.000.655.535.800.310.00 8.27
9.5% Sales Tax
411.000.655.535.800.310.00 0.79
Fac Maint Unit 95 - 3 pc unibit3040796
Fac Maint Unit 95 - 3 pc unibit
001.000.651.519.920.310.00 49.97
9.5% Sales Tax
001.000.651.519.920.310.00 4.75
Fac Maint Shop - Drawer Slide, Screws37775
19Page:
Packet Page 40 of 147
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City of Edmonds
20
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124434 3/17/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES
Fac Maint Shop - Drawer Slide, Screws
001.000.651.519.920.310.00 21.46
9.5% Sales Tax
001.000.651.519.920.310.00 2.04
PS - Cord Kit4040579
PS - Cord Kit
001.000.410.521.100.350.00 11.99
9.5% Sales Tax
001.000.410.521.100.350.00 1.14
Fac Maint Unit 26 - Mounting Tape,4064684
Fac Maint Unit 26 - Mounting Tape,
001.000.651.519.920.310.00 28.91
9.5% Sales Tax
001.000.651.519.920.310.00 2.75
Fac Maint Unit 26 - Utiltiy Blades5038429
Fac Maint Unit 26 - Utiltiy Blades
001.000.651.519.920.310.00 19.96
9.5% Sales Tax
001.000.651.519.920.310.00 1.90
Fac Maint Unit 95 - Supplies6038147
Fac Maint Unit 95 - Supplies
001.000.651.519.920.310.00 49.97
9.5% Sales Tax
001.000.651.519.920.310.00 4.75
PS - Electrical Supplies6040315
PS - Electrical Supplies
001.000.410.521.100.350.00 329.37
9.5% Sales Tax
001.000.410.521.100.350.00 31.29
Water - Supplies6040317
Water - Supplies
411.000.654.534.800.310.00 52.00
9.5% Sales Tax
411.000.654.534.800.310.00 4.94
20Page:
Packet Page 41 of 147
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City of Edmonds
21
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124434 3/17/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES
FAC - Supplies6041967
FAC - Supplies
001.000.651.519.920.310.00 23.40
9.5% Sales Tax
001.000.651.519.920.310.00 2.22
City Hall - Supplies6041979
City Hall - Supplies
001.000.651.519.920.310.00 16.48
9.5% Sales Tax
001.000.651.519.920.310.00 1.57
Water - Unit 37 Supplies6080312
Water - Unit 37 Supplies
411.000.654.534.800.310.00 100.76
9.5% Sales Tax
411.000.654.534.800.310.00 9.57
Fac Maint Unit 26 - Tool Bag, Kneepads7038044
Fac Maint Unit 26 - Tool Bag, Kneepads
001.000.651.519.920.310.00 54.97
9.5% Sales Tax
001.000.651.519.920.310.00 5.22
`Fac Maint Shop - Supplies7040118
`Fac Maint Shop - Supplies
001.000.651.519.920.310.00 16.82
9.5% Sales Tax
001.000.651.519.920.310.00 1.60
City Hall finance - Supplies7041815
City Hall finance - Supplies
001.000.620.532.200.490.00 77.97
9.5% Sales Tax
001.000.620.532.200.490.00 7.41
Fac Maint Shop - Supplies7041871
Fac Maint Shop - Supplies
001.000.651.519.920.310.00 59.97
9.5% Sales Tax
21Page:
Packet Page 42 of 147
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City of Edmonds
22
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124434 3/17/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES
001.000.651.519.920.310.00 5.70
Wade James - Moss Supplies7048134
Wade James - Moss Supplies
001.000.651.519.920.310.00 94.19
9.5% Sales Tax
001.000.651.519.920.310.00 8.95
Sewer - Cleaning Supplies7048197
Sewer - Cleaning Supplies
411.000.655.535.800.310.00 22.94
9.5% Sales Tax
411.000.655.535.800.310.00 2.18
Fac Maint Shop - Supplies7105113
Fac Maint Shop - Supplies
001.000.651.519.920.310.00 19.40
9.5% Sales Tax
001.000.651.519.920.310.00 1.84
Fac Maint Unit 26 - Supplies8030044
Fac Maint Unit 26 - Supplies
001.000.651.519.920.310.00 17.22
9.5% Sales Tax
001.000.651.519.920.310.00 1.64
FAC- Supplies8591988
FAC- Supplies
001.000.651.519.920.310.00 11.98
9.5% Sales Tax
001.000.651.519.920.310.00 1.14
Fac Maint Unit 26 - Supplies9041342
9.5% Sales Tax
001.000.651.519.920.310.00 4.08
Fac Maint Unit 26 - Supplies
001.000.651.519.920.310.00 42.94
Fac Maint - Shop Supplies9041373
Fac Maint - Shop Supplies
001.000.651.519.920.310.00 41.76
22Page:
Packet Page 43 of 147
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City of Edmonds
23
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124434 3/17/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES
9.5% Sales Tax
001.000.651.519.920.310.00 3.97
PS - Supplies91634
PS - Supplies
001.000.651.519.920.310.00 15.04
9.5% Sales Tax
001.000.651.519.920.310.00 1.43
Total :1,476.87
124435 3/17/2011 070042 IKON 84289018 PARK MAINTENANCE COPIER LEASE
PARK MAINTENANCE COPIER LEASE
001.000.640.576.800.450.00 26.55
Total :26.55
124436 3/17/2011 070042 IKON 84335918 COPIER LEASE
Cannon Image Runner 1/24 to 2/28
001.000.250.514.300.450.00 960.40
Total :960.40
124437 3/17/2011 073548 INDOFF INCORPORATED 1831931 Office supplies - copy paper
Office supplies - copy paper
001.000.610.519.700.310.00 25.01
Office supplies - copy paper
001.000.220.516.100.310.00 25.00
Office supplies - copy paper
001.000.210.513.100.310.00 24.99
Office supplies
001.000.610.519.700.310.00 3.45
9.5% Sales Tax
001.000.610.519.700.310.00 2.70
9.5% Sales Tax
001.000.220.516.100.310.00 2.37
9.5% Sales Tax
001.000.210.513.100.310.00 2.38
23Page:
Packet Page 44 of 147
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City of Edmonds
24
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :85.90124437 3/17/2011 073548 073548 INDOFF INCORPORATED
124438 3/17/2011 073548 INDOFF INCORPORATED 1834554 Anti-static Multi Surface
Anti-static Multi Surface
001.000.310.514.230.310.00 89.95
9.5% Sales Tax
001.000.310.514.230.310.00 8.55
Total :98.50
124439 3/17/2011 073548 INDOFF INCORPORATED 1834798 226961
HOLE PUNCH/COPIER PAPER/POST
411.000.656.538.800.310.41 89.34
9.5% Sales Tax
411.000.656.538.800.310.41 8.49
Total :97.83
124440 3/17/2011 073548 INDOFF INCORPORATED 1833557 Misc. office supplies including 24 pk
Misc. office supplies including 24 pk
001.000.620.558.800.310.00 271.43
9.5% Sales Tax
001.000.620.558.800.310.00 25.78
Misc. office supplies including1835647
Misc. office supplies including
001.000.620.558.800.310.00 105.60
9.5% Sales Tax
001.000.620.558.800.310.00 10.03
Total :412.84
124441 3/17/2011 063493 JOHNSTONE SUPPLY 13049703-00 FS 16 - Blower Motor
FS 16 - Blower Motor
001.000.651.519.920.310.00 97.10
9.5% Sales Tax
001.000.651.519.920.310.00 9.22
Fac Maint - Infrared Thermometer13049975-00
Fac Maint - Infrared Thermometer
001.000.651.519.920.350.00 47.99
24Page:
Packet Page 45 of 147
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City of Edmonds
25
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124441 3/17/2011 (Continued)063493 JOHNSTONE SUPPLY
FS 16 - Air Switch
001.000.651.519.920.310.00 94.53
9.5% Sales Tax
001.000.651.519.920.350.00 4.56
9.5% Sales Tax
001.000.651.519.920.310.00 8.98
Fac Maint - Unit 26 - Pliers13050044-00
Fac Maint - Unit 26 - Pliers
001.000.651.519.920.310.00 58.32
9.5% Sales Tax
001.000.651.519.920.310.00 5.54
Total :326.24
124442 3/17/2011 070902 KAREN ULVESTAD PHOTOGRAPHY ULVESTAD13477 DIGITAL PHOTOGRAPHY CLASSES
DIGITAL PHOTOGRAPHY AND THE COMPUTER
001.000.640.574.200.410.00 73.50
DIGITAL PHOTOGRAPHY 101 #13479
001.000.640.574.200.410.00 122.50
Total :196.00
124443 3/17/2011 073592 KNOBLAUCH, CYNDIE KNOBLAUCH0303 REFUND
REFUND TO CUSTOMER
001.000.000.239.200.000.00 81.82
Total :81.82
124444 3/17/2011 068677 KONECRANES AMERICA INC SEA00562039 51519
ANNUAL INSPECTION ON CRANE
411.000.656.538.800.480.21 775.00
9.5% Sales Tax
411.000.656.538.800.480.21 73.63
Total :848.63
124445 3/17/2011 073136 LANG, ROBERT Lang, Robert City Hall lobby monitor for 3/14/11
City Hall lobby monitor for 3/14/11
001.000.110.511.100.410.00 36.00
25Page:
Packet Page 46 of 147
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Voucher List
City of Edmonds
26
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :36.00124445 3/17/2011 073136 073136 LANG, ROBERT
124446 3/17/2011 068711 LAWN EQUIPMENT SUPPLY 3011-164 NITIRILE GLOVES
NITRILE GLOVES
001.000.640.576.800.310.00 97.39
Freight
001.000.640.576.800.310.00 5.51
9.5% Sales Tax
001.000.640.576.800.310.00 9.78
Total :112.68
124447 3/17/2011 072059 LEE, NICOLE 1181 INTERPRETER FEE
INTERPRETER FEE
001.000.230.512.500.410.01 120.39
INTERPRETER FEE1196
INTERPRETER FEE
001.000.230.512.501.410.01 120.39
Total :240.78
124448 3/17/2011 018900 LYNNWOOD AUTO ELECTRIC 78714 Unit 55 - Supplies
Unit 55 - Supplies
511.000.657.548.680.310.00 20.00
9.5% Sales Tax
511.000.657.548.680.310.00 1.90
Unit 55 - Supplies78765
Unit 55 - Supplies
511.000.657.548.680.310.00 94.00
9.5% Sales Tax
511.000.657.548.680.310.00 8.93
Total :124.83
124449 3/17/2011 018950 LYNNWOOD AUTO PARTS INC 623534 Unit 138 - Filters
Unit 138 - Filters
511.000.657.548.680.310.00 25.20
9.5% Sales Tax
511.000.657.548.680.310.00 2.39
26Page:
Packet Page 47 of 147
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City of Edmonds
27
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124449 3/17/2011 (Continued)018950 LYNNWOOD AUTO PARTS INC
Unit 138 - Fuel Filter623585
Unit 138 - Fuel Filter
511.000.657.548.680.310.00 18.36
9.5% Sales Tax
511.000.657.548.680.310.00 1.74
Unit 55 - Supplies623638
Unit 55 - Supplies
511.000.657.548.680.310.00 12.50
9.5% Sales Tax
511.000.657.548.680.310.00 1.19
Unit 138 - Lamp Bulbs623697
Unit 138 - Lamp Bulbs
511.000.657.548.680.310.00 8.00
9.5% Sales Tax
511.000.657.548.680.310.00 0.76
Unit 648 - Defogger Repair Kit623773
Unit 648 - Defogger Repair Kit
511.000.657.548.680.310.00 26.98
9.5% Sales Tax
511.000.657.548.680.310.00 2.56
Shop Tool624094
Shop Tool
511.000.657.548.680.350.00 50.74
9.5% Sales Tax
511.000.657.548.680.350.00 4.82
Unit 99 - Oil Filter624163
Unit 99 - Oil Filter
511.000.657.548.680.310.00 3.28
9.5% Sales Tax
511.000.657.548.680.310.00 0.31
Unit 55 - Lmp Bulb624212
Unit 55 - Lmp Bulb
511.000.657.548.680.310.00 3.91
9.5% Sales Tax
27Page:
Packet Page 48 of 147
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City of Edmonds
28
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124449 3/17/2011 (Continued)018950 LYNNWOOD AUTO PARTS INC
511.000.657.548.680.310.00 0.37
Unit 38624270
Unit 38
511.000.657.548.680.310.00 11.94
9.5% Sales Tax
511.000.657.548.680.310.00 1.13
Unit 304 - Filters, Trans Oil624505
Unit 304 - Filters, Trans Oil
511.000.657.548.680.310.00 121.08
9.5% Sales Tax
511.000.657.548.680.310.00 11.50
Unit 38 - Fuel filter624528
Unit 38 - Fuel filter
511.000.657.548.680.310.00 1.80
9.5% Sales Tax
511.000.657.548.680.310.00 0.17
Unit 304 - Coolant624564
Unit 304 - Coolant
511.000.657.548.680.310.00 7.31
9.5% Sales Tax
511.000.657.548.680.310.00 0.69
Unit 133 - Trans Filter624580
Unit 133 - Trans Filter
511.000.657.548.680.310.00 12.12
9.5% Sales Tax
511.000.657.548.680.310.00 1.15
Unit 304 - ATP Filter624664
Unit 304 - ATP Filter
511.000.657.548.680.310.00 15.69
9.5% Sales Tax
511.000.657.548.680.310.00 1.49
Unit 38 - Batt Cable624802
Unit 38 - Batt Cable
511.000.657.548.680.310.00 6.24
28Page:
Packet Page 49 of 147
03/17/2011
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City of Edmonds
29
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124449 3/17/2011 (Continued)018950 LYNNWOOD AUTO PARTS INC
9.5% Sales Tax
511.000.657.548.680.310.00 0.59
Unit 55 - Serpentine Belts625035
Unit 55 - Serpentine Belts
511.000.657.548.680.310.00 65.54
9.5% Sales Tax
511.000.657.548.680.310.00 6.23
Unit 22 - Fittng, Brake lines625081
Unit 22 - Fittng, Brake lines
511.000.657.548.680.310.00 11.80
9.5% Sales Tax
511.000.657.548.680.310.00 1.12
Total :440.70
124450 3/17/2011 069362 MARSHALL, CITA 1019 INTERPRETER FEE
INTERPRETER FEE
001.000.230.512.501.410.01 87.65
Total :87.65
124451 3/17/2011 019920 MCCANN, MARIAN 20 LEOFF 1 Reimbursement
LEOFF 1 Reimbursement
009.000.390.517.370.290.00 6,304.50
Total :6,304.50
124452 3/17/2011 020039 MCMASTER-CARR SUPPLY CO 79223255 123106800
CAULKING/BALL VALVE/PIPE
411.000.656.538.800.310.21 808.12
Freight
411.000.656.538.800.310.21 24.96
12310680079300671
STEEL DRIVE SHAFT
411.000.656.538.800.310.21 49.00
Freight
411.000.656.538.800.310.21 6.86
12310680079682698
29Page:
Packet Page 50 of 147
03/17/2011
Voucher List
City of Edmonds
30
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124452 3/17/2011 (Continued)020039 MCMASTER-CARR SUPPLY CO
DRAIN CLEANER/HEX L-KEY/THREAD
411.000.656.538.800.310.21 527.54
Freight
411.000.656.538.800.310.21 8.54
Total :1,425.02
124453 3/17/2011 068309 MERCURY FITNESS REPAIR INC 11020279 TREADMILL REPAIR
TREADMILL REPAIR
001.000.640.575.540.480.00 280.80
Freight
001.000.640.575.540.480.00 9.00
9.5% Sales Tax
001.000.640.575.540.480.00 26.68
PREVENTATIVE MAINTENANCEP-11020270
PREVENTATIVE MAINTENANCE CHARGES
001.000.640.575.540.480.00 177.00
9.5% Sales Tax
001.000.640.575.540.480.00 16.82
Total :510.30
124454 3/17/2011 021890 MICONTROLS INC 760763 FAC - Actuator
FAC - Actuator
001.000.651.519.920.310.00 147.50
Freight
001.000.651.519.920.310.00 9.22
9.5% Sales Tax
001.000.651.519.920.310.00 14.01
Total :170.73
124455 3/17/2011 063773 MICROFLEX 00019905 02-11 TAX AUDIT PROGRAM
FEB-11 TAX AUDIT PROGRAM
001.000.310.514.230.410.00 98.54
Total :98.54
124456 3/17/2011 069923 MOTION INDUSTRIES INC WA23-241443 101690-01
30Page:
Packet Page 51 of 147
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City of Edmonds
31
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124456 3/17/2011 (Continued)069923 MOTION INDUSTRIES INC
BALL BEARINGS/BOLTS
411.000.656.538.800.310.21 274.36
Freight
411.000.656.538.800.310.21 93.91
9.5% Sales Tax
411.000.656.538.800.310.21 34.98
Total :403.25
124457 3/17/2011 021983 MOTOR TRUCKS INC 110220446 Unit 14 - Glass
Unit 14 - Glass
511.000.657.548.680.310.00 42.18
9.5% Sales Tax
511.000.657.548.680.310.00 4.01
Total :46.19
124458 3/17/2011 064570 NATIONAL SAFETY INC 0290652-IN Sewer - Chestwaders, Snorkel Coat,
Sewer - Chestwaders, Snorkel Coat,
411.000.655.535.800.310.00 588.00
Freight
411.000.655.535.800.310.00 58.56
9.5% Sales Tax
411.000.655.535.800.310.00 61.43
Sewer - Hard Hats0290816-IN
Sewer - Hard Hats
411.000.655.535.800.310.00 81.50
Freight
411.000.655.535.800.310.00 13.48
9.5% Sales Tax
411.000.655.535.800.310.00 9.02
Sewer - Hvy Dty Ntrle0291049-IN
Sewer - Hvy Dty Ntrle
411.000.655.535.800.310.00 636.00
Freight
411.000.655.535.800.310.00 114.80
9.5% Sales Tax
31Page:
Packet Page 52 of 147
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City of Edmonds
32
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124458 3/17/2011 (Continued)064570 NATIONAL SAFETY INC
411.000.655.535.800.310.00 71.32
Sewer - Gloves, Ratchets0291200-IN
Sewer - Gloves, Ratchets
411.000.655.535.800.310.00 30.20
Freight
411.000.655.535.800.310.00 11.84
9.5% Sales Tax
411.000.655.535.800.310.00 3.99
Total :1,680.14
124459 3/17/2011 072700 NETWORK HARDWARE RESALE LLC 321838 WIRELESS NODE FOR PD
Wireless node for Police Dept
001.000.410.521.110.310.00 3,134.91
Total :3,134.91
124460 3/17/2011 071593 NORTHERN SAFETY CO INC I060413701025 Storm/ Street - Work Gloves
Storm/ Street - Work Gloves
411.000.652.542.900.240.00 354.88
Storm/ Street - Work Gloves
111.000.653.542.900.240.00 354.88
Freight
411.000.652.542.900.240.00 29.68
Freight
111.000.653.542.900.240.00 29.68
Total :769.12
124461 3/17/2011 061013 NORTHWEST CASCADE INC 1-258746 HONEY BUCKET RENTAL
HONEY BUCKET RENTAL: CIVIC FIELD
001.000.640.576.800.450.00 189.87
HONEY BUCKET RENTAL1-259688
HONEY BUCKET RENTAL: MADRONA ELEMENTARY
001.000.640.576.800.450.00 141.20
Total :331.07
124462 3/17/2011 025690 NOYES, KARIN 000 00 200 Planning Board minutes on 3/9/11.
32Page:
Packet Page 53 of 147
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City of Edmonds
33
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124462 3/17/2011 (Continued)025690 NOYES, KARIN
Planning Board minutes on 3/9/11.
001.000.620.558.600.410.00 288.00
Total :288.00
124463 3/17/2011 072205 NWOMGIA NWOMGIA - LAVELY 2011 CONFERENCE REG. - LAVELY - EDMONDS
5/4-5/6 REGISTRATION - LAVELY
001.000.410.521.400.490.00 100.00
Total :100.00
124464 3/17/2011 063511 OFFICE MAX INC 081196 SUPPLIES
SUPPLIES
001.000.230.512.500.310.00 51.91
SUPPLIES118526
SUPPLIES
001.000.230.512.500.310.00 -144.68
OFFICE SUPPLIES157592
OFFICE SUPPLIES
001.000.230.512.501.310.00 154.62
Total :61.85
124465 3/17/2011 063511 OFFICE MAX INC 227950 ASSORTED PAPER
LEGAL COLORED PAPER
001.000.640.574.100.310.00 48.76
ARTS COMMISSION LASER PAPER
117.100.640.573.100.310.00 17.37
9.5% Sales Tax
001.000.640.574.100.310.00 4.64
9.5% Sales Tax
117.100.640.573.100.310.00 1.65
Total :72.42
124466 3/17/2011 063511 OFFICE MAX INC 181500 OFFICE SUPPLIES
Office Supplies
001.000.250.514.300.310.00 70.05
9.5% Sales Tax
33Page:
Packet Page 54 of 147
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City of Edmonds
34
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124466 3/17/2011 (Continued)063511 OFFICE MAX INC
001.000.250.514.300.310.00 6.65
Total :76.70
124467 3/17/2011 063511 OFFICE MAX INC 166774 Egonomic keyboard for Theresa.
Egonomic keyboard for Theresa.
001.000.620.558.800.310.00 49.02
9.5% Sales Tax
001.000.620.558.800.310.00 4.66
Total :53.68
124468 3/17/2011 068709 OFFICETEAM 32705299 TEMP HELP
Temp Help
001.000.250.514.300.410.00 277.12
TEMP HELP32733728
Temp Help
001.000.250.514.300.410.00 684.14
TEMP HELP32786726
Temp Help
001.000.250.514.300.410.00 138.56
Total :1,099.82
124469 3/17/2011 068282 OLYMPIC FLY FISHERS OLYMPIC FLY13645 BEGINNING FLY TYING
BEGINNING FLY TYING #13645
001.000.640.574.200.410.00 168.00
Total :168.00
124470 3/17/2011 002203 OWEN EQUIPMENT COMPANY 00059002 Unit 138 - Supplies
Unit 138 - Supplies
511.000.657.548.680.310.00 29.58
Freight
511.000.657.548.680.310.00 10.67
9.5% Sales Tax
511.000.657.548.680.310.00 3.83
Total :44.08
124471 3/17/2011 027060 PACIFIC TOPSOILS 110780 Storm - Top Soil
34Page:
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City of Edmonds
35
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Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124471 3/17/2011 (Continued)027060 PACIFIC TOPSOILS
Storm - Top Soil
411.000.652.542.320.490.00 120.00
8.0% Sales Tax
411.000.652.542.320.490.00 9.24
Storm - Dump Fees111142
Storm - Dump Fees
411.000.652.542.320.490.00 60.00
Total :189.24
124472 3/17/2011 027165 PARKER PAINT MFG. CO.INC.998451 FAC - Paint
FAC - Paint
001.000.651.519.920.310.00 6.00
9.5% Sales Tax
001.000.651.519.920.310.00 0.57
Total :6.57
124473 3/17/2011 070962 PAULSONS TOWING INC 96105 INV#96105 - EDMONDS PD
TOWING 1997 FORD #883ZSR
001.000.410.521.220.410.00 158.00
1 DAY STORAGE ON #883ZSR
001.000.410.521.220.410.00 41.00
9.5% Sales Tax
001.000.410.521.220.410.00 18.91
Total :217.91
124474 3/17/2011 073600 PLANNING LAW CONFERENCE 31578662 REGISTRATION FOR PLANNING LAW CONFERENCE
Registration for Stephen Clifton to
001.000.610.519.700.490.00 99.00
Total :99.00
124475 3/17/2011 070979 PRECISION EARTHWORKS INC E6DA.Pmt 13 E6DA.PAYMENT 13.SERVICES THRU 1/31/11
E6DA.Payment 13.Services thru 1/31/11
125.000.640.594.750.650.00 18,229.99
Total :18,229.99
35Page:
Packet Page 56 of 147
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City of Edmonds
36
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124476 3/17/2011 073056 PROSPECT CONSTRUCTION INC 13 C-311
C-311 ODOR CONTROL PROJECT
414.000.656.594.320.650.10 23,012.99
Total :23,012.99
124477 3/17/2011 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
124478 3/17/2011 069685 PRO-VAC 110214-010 Storm - TV'd Drains, DVD of Same
Storm - TV'd Drains, DVD of Same
411.000.652.542.400.480.00 1,746.40
9.5% Sales Tax
411.000.652.542.400.480.00 165.91
Total :1,912.31
124479 3/17/2011 064291 QWEST 206-Z02-0478 332B 206-Z02-0478 332B
TELEMETRY
411.000.656.538.800.420.00 138.52
Total :138.52
124480 3/17/2011 067802 SAN DIEGO POLICE EQUIP CO 596522 INV#596522 CUST#0001733 - EDMONDS PD
CCI BLAZER CLEANFIRE AMMO
001.000.410.521.400.310.00 14,825.60
9.5% Sales Tax
001.000.410.521.400.310.00 1,408.43
Total :16,234.03
124481 3/17/2011 065194 SEWER EQUIPMENT CO OF AMERICA 0000109608 Unit 98 - Supplies
Unit 98 - Supplies
511.000.657.548.680.310.00 13.17
Freight
511.000.657.548.680.310.00 11.46
9.5% Sales Tax
511.000.657.548.680.310.00 2.34
36Page:
Packet Page 57 of 147
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City of Edmonds
37
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124481 3/17/2011 (Continued)065194 SEWER EQUIPMENT CO OF AMERICA
Unit 98 - Rollers0000109720
Unit 98 - Rollers
511.000.657.548.680.310.00 147.73
Freight
511.000.657.548.680.310.00 12.27
9.5% Sales Tax
511.000.657.548.680.310.00 15.20
Total :202.17
124482 3/17/2011 036070 SHANNON TOWING INC 195923 INV#195923 - EDMONDS PD
TOWING 2000 FORD #712VOJ
001.000.410.521.220.410.00 158.00
9.5% Sales Tax
001.000.410.521.220.410.00 15.01
INV#195929 - EDMONDS PD195929
TOWING 1998 FORD #ACH6477
001.000.410.521.220.410.00 158.00
9.5% Sales Tax
001.000.410.521.220.410.00 15.01
Total :346.02
124483 3/17/2011 036955 SKY NURSERY 288901 Hydrant - Bark
Hydrant - Bark
411.000.654.534.800.310.00 27.00
9.5% Sales Tax
411.000.654.534.800.310.00 2.57
Total :29.57
124484 3/17/2011 037375 SNO CO PUD NO 1 200650851 CITY PARK RESTROOMS
CITY PARK RESTROOMS
001.000.640.576.800.470.00 64.45
PARK & MAINTENANCE SHOP200651644
PARK & MAINTENANCE SHOP
001.000.640.576.800.470.00 1,271.32
PLAYFIELD BLEACHERS200869246
37Page:
Packet Page 58 of 147
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City of Edmonds
38
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124484 3/17/2011 (Continued)037375 SNO CO PUD NO 1
PLAYFIELD BLEACHERS
001.000.640.576.800.470.00 314.04
PLAYFIELD LIGHTS201453057
PLAYFIELD LIGHTS
001.000.640.576.800.470.00 115.06
CITY PARK SOUTH RESTROOMS & COVERED202114484
CITY PARK SOUTH RESTROOMS & COVERED
001.000.640.576.800.470.00 260.64
Total :2,025.51
124485 3/17/2011 063941 SNO CO SHERIFFS OFFICE FEB 2011 MEDICAL EDMONDS PD INMATE MEDICAL FEB 2011
INMATE MEDICAL COSTS 02/11
001.000.410.523.600.310.00 847.63
Total :847.63
124486 3/17/2011 073599 SNOHOMISH COUNTY SNOCO031111 DAMAGE DEPOSIT REFUND
REFUND OF DAMAGE DEPOSIT
001.000.000.239.200.000.00 200.00
Total :200.00
124487 3/17/2011 064351 SNOHOMISH COUNTY TREASURER 2011-582 INV#2011-582 EDMONDS PD
546.83 HOUSING DAYS-FEB 2011
001.000.410.523.600.510.00 34,176.88
28 WORK RELEASE - FEB 2011
001.000.410.523.600.510.00 1,176.00
68.50 BOOKINGS - FEB 2011
001.000.410.523.600.510.00 6,165.00
Total :41,517.88
124488 3/17/2011 038100 SNO-KING STAMP 47303 INV#47303 - EDMONDS PD
SELF INKING DATER STAMP
001.000.410.521.210.310.00 43.20
SELF INKING NUMBERING STAMP
001.000.410.521.210.310.00 41.00
Freight
38Page:
Packet Page 59 of 147
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City of Edmonds
39
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124488 3/17/2011 (Continued)038100 SNO-KING STAMP
001.000.410.521.210.310.00 5.50
9.5% Sales Tax
001.000.410.521.210.310.00 8.52
Total :98.22
124489 3/17/2011 069844 SOFTWARE SOLUTIONS PLLC I110131-3 Water/Sewer - Troublshooting
Water/Sewer - Troublshooting
411.000.654.534.800.410.00 90.00
Water/Sewer - Troublshooting
411.000.655.535.800.410.00 360.00
Total :450.00
124490 3/17/2011 038300 SOUND DISPOSAL CO 03584 ASH DISPOSAL
ASH DISPOSAL
411.000.656.538.800.474.65 5,785.85
9.5% Sales Tax
411.000.656.538.800.474.65 504.23
Total :6,290.08
124491 3/17/2011 038410 SOUND SAFETY PRODUCTS 2416736-01 EDMTRE
UNIFORM/SEBERS
411.000.656.538.800.240.00 245.10
9.2% Sales Tax
411.000.656.538.800.240.00 22.55
Total :267.65
124492 3/17/2011 038410 SOUND SAFETY PRODUCTS 4179210-01 Water - Work Jeans (5) - S Leonard
Water - Work Jeans (5) - S Leonard
411.000.654.534.800.240.00 170.40
9.5% Sales Tax
411.000.654.534.800.240.00 16.19
Sewer - Work Jeans (2) - T Harris4179285-01
Sewer - Work Jeans (2) - T Harris
411.000.655.535.800.240.00 57.00
9.5% Sales Tax
39Page:
Packet Page 60 of 147
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City of Edmonds
40
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124492 3/17/2011 (Continued)038410 SOUND SAFETY PRODUCTS
411.000.655.535.800.240.00 5.42
Sewer - Work Jeans (5) - S Long4179309-01
Sewer - Work Jeans (5) - S Long
411.000.655.535.800.240.00 169.05
9.5% Sales Tax
411.000.655.535.800.240.00 16.06
Fac Maint - Work gloves and supplies4180904-01
Fac Maint - Work gloves and supplies
001.000.651.519.920.310.00 57.02
9.5% Sales Tax
001.000.651.519.920.310.00 5.42
Total :496.56
124493 3/17/2011 040430 STONEWAY ELECTRIC SUPPLY 2424173 Water Dept - Supplies
Water Dept - Supplies
411.000.654.534.800.310.00 82.97
9.5% Sales Tax
411.000.654.534.800.310.00 7.88
Total :90.85
124494 3/17/2011 073143 SYNGENTA SEEDS INC 5000882900 GERANIUMS
ASSORTED GERANIUMS
001.000.640.576.810.310.00 336.54
Freight
001.000.640.576.810.310.00 54.00
Total :390.54
124495 3/17/2011 072555 SYSTEMS DESIGN WEST LLC ED0311 FEB-11 POSTAGE FOR EMS TRANSPORT STMTS
EMS Billing Services-Postage Private
001.000.510.526.100.420.00 2.20
Total :2.20
124496 3/17/2011 065578 SYSTEMS INTERFACE INC 12205 Water - 3- D2-04TRS Relay Output Modules
Water - 3- D2-04TRS Relay Output Modules
411.000.654.534.800.310.00 214.50
40Page:
Packet Page 61 of 147
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City of Edmonds
41
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124496 3/17/2011 (Continued)065578 SYSTEMS INTERFACE INC
9.5% Sales Tax
411.000.654.534.800.310.00 20.38
Water - D2-04TRS Relay Output Modules 312251
Water - D2-04TRS Relay Output Modules 3
411.000.654.534.800.310.00 82.91
9.5% Sales Tax
411.000.654.534.800.310.00 7.88
Total :325.67
124497 3/17/2011 009350 THE DAILY HERALD COMPANY 1728702 NEWSPAPER ADS
Closed Record Review (PUD)
001.000.250.514.300.410.00 167.62
Total :167.62
124498 3/17/2011 038315 THYSSENKRUPP ELEVATOR 797579 MONITORING-PS
monitoring-PS
001.000.651.519.920.480.00 44.29
SENIOR CENTER ELEVATOR MAINTENANCE805202
SENIOR CENTER ELEVATOR MAINTENANCE
001.000.651.519.920.480.00 163.81
001.000.651.519.920.480.00 15.56
SENIOR CENTER ELEVATOR MONITORING805203
SENIOR CENTER ELEVATOR MAINTENANCE
001.000.651.519.920.480.00 13.33
Total :236.99
124499 3/17/2011 062693 US BANK 6060 MAYORS OFFICE: PURCHASE CARD/ COOPER
AWC Conf. Red Lion Lodging
001.000.210.513.100.430.00 117.34
QuestionPro monthly subscription fee
001.000.210.513.100.490.00 16.00
US Bank Charge
001.000.210.513.100.490.00 2.00
MAYOR OFFICE: PURCHASE CARD/ COLE6078
41Page:
Packet Page 62 of 147
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City of Edmonds
42
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124499 3/17/2011 (Continued)062693 US BANK
Office Depot 3.3.11 State of the City
001.000.210.513.100.310.00 264.49
Office Depot 2.22.11 Signage/ Rental
001.000.210.513.100.310.00 4.92
US Bank Charge
001.000.210.513.100.310.00 2.00
Total :406.75
124500 3/17/2011 062693 US BANK 8313 ENG CREDIT CARD FEBRUARY 2011
Eng Credit Card February 2011-Charges
001.000.620.532.200.490.00 464.40
Eng Credit Card February 2011-Charges
111.000.653.542.900.490.00 154.80
Eng Credit Card February 2011-Charges
411.000.652.542.900.490.00 154.80
Total :774.00
124501 3/17/2011 062693 US BANK 1070 INV#1070 03/07/11 - THOMPSON-EDMONDS PD
REG. COMMAND INST./ COMPAAN
001.000.410.521.400.490.00 650.00
6 VERSAPAK GOLD BATTERIES
001.000.410.521.220.310.00 96.51
KINGSTON 2 GB MEMORY CARDS
001.000.410.521.220.310.00 52.52
SOLO HOT DRINK BISTRO CUPS
001.000.410.521.100.310.00 84.10
INV#3181 03/07/11 - BARD - EDMONDS PD3181
REG. COMMAND INST./LAWLESS
001.000.410.521.400.490.00 650.00
REG. EXEC SURVIVAL/GANNON
001.000.410.521.400.490.00 250.00
PLASTIC ARMS/TARGETS
001.000.410.521.400.310.00 167.25
INV#3215 03/07/11 - COMPAAN - EDMONDS PD3215
CHIEF'S BFST-COMPAAN/GANNON/~
42Page:
Packet Page 63 of 147
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City of Edmonds
43
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124501 3/17/2011 (Continued)062693 US BANK
001.000.410.521.100.430.00 15.00
INV#3314 03/07/11 - LAWLESS - EDMONDS PD3314
PLANE FARE/NEW WORLD/COLLINS
001.000.410.521.400.430.00 339.30
CANAPY ASSEMBLY & WEIGHT BAGS
001.000.410.521.220.310.00 106.58
SUBSCRIPTION FBI LAW ENFORCE
001.000.410.521.100.490.00 53.00
MICROFIBER CLEANING CLOTHS
001.000.410.521.220.310.00 31.47
KINGSTON 4 GB FLASK DRIVE
001.000.410.521.220.310.00 30.60
INV#3512 03/07/11 -TRAINING - EDMONDS PD3512
FEDEX BOX FROM CALIF.
001.000.410.521.100.420.00 124.74
FEDEX #10-3770 & #10-3736
001.000.410.521.100.420.00 18.76
FEDEX #10-3836, #11-0623, #11-0538
001.000.410.521.100.420.00 20.80
INV#3520 03/07/11- TRAINING - EDMONDS PD3520
FUEL FOR WSP ACADEMY/LEE
001.000.410.521.400.430.00 29.70
TOOL BOX FOR PARTS & TOOLS
001.000.410.521.220.310.00 43.79
Total :2,764.12
124502 3/17/2011 062693 US BANK 3249 POSTAL FEE FOR MAILING PASSPORT
POSTAL FEE FOR MAILING PASSPORT
001.000.230.512.500.420.00 47.50
Total :47.50
124503 3/17/2011 062693 US BANK 3280 Summer seasonal posting ads
Summer seasonal posting ads
001.000.220.516.100.440.00 125.00
43Page:
Packet Page 64 of 147
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City of Edmonds
44
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :125.00124503 3/17/2011 062693 062693 US BANK
124504 3/17/2011 062693 US BANK 3470 UPS RETURN FREIGHT CHARGES
UPS Freight Charges for return of PD
001.000.310.518.880.420.00 315.15
BEST BUY & UPS FREIGHT CHARGES3470
UPS Freight charges RMA #5450
001.000.310.518.880.420.00 -3.93
Best Buy Sanus HDPro return
001.000.310.518.880.350.00 -180.64
Best Buy Sanus HDPro return
001.000.620.524.100.350.00 -60.19
Best Buy Sanus HDPro return
001.000.620.558.600.350.00 -60.19
Best Buy Sanus HDPro return
001.000.620.532.200.350.00 -60.26
GFOA & WFOA WEBINARS3470
GFOA Webinars for D Sharp - Best
001.000.310.514.230.490.00 170.00
WFOA Webinar for D Sharp - GASB 54
001.000.310.514.230.490.00 50.00
Total :169.94
124505 3/17/2011 062693 US BANK 6045 Registration for WABO 2011 Annual
Registration for WABO 2011 Annual
001.000.620.524.100.490.00 1,350.00
WABO books for Pat Lawler. "Accessible
001.000.620.524.100.490.00 212.43
Click 2 Mail Post Cards for
001.000.620.558.600.490.00 1,097.61
Total :2,660.04
124506 3/17/2011 062693 US BANK 3389 AWC Reg Fee for Peterson for AWC Leg
AWC Reg Fee for Peterson for AWC Leg
001.000.110.511.100.490.00 135.00
Refreshments for Council Meetings
44Page:
Packet Page 65 of 147
03/17/2011
Voucher List
City of Edmonds
45
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
124506 3/17/2011 (Continued)062693 US BANK
001.000.110.511.100.310.00 15.77
Total :150.77
124507 3/17/2011 062388 US BANK OF WASHINGTON 3306 TRAINING/ZUVELA/SLENKER/OPERATORS GUIDE
TRAINING/ZUVELA/SLENKER/OPERATORS GUIDE
411.000.656.538.800.490.71 600.50
Total :600.50
124508 3/17/2011 064423 USA BLUE BOOK 324330 Water - Supplies -
Water - Supplies -
411.000.654.534.800.310.00 418.09
Freight
411.000.654.534.800.310.00 25.01
9.5% Sales Tax
411.000.654.534.800.310.00 42.09
Total :485.19
124509 3/17/2011 073068 VALLEY BANK 13 C/A 348 OUR PROJECT C-311
RETAINAGE PROSPECT CONST.
414.000.656.594.320.650.10 1,101.10
Total :1,101.10
124510 3/17/2011 073596 VIRNIG, KARIN VIRNIG0309 REFUND OF TRIP DEPOSIT
REFUND OF STUDENT TRIP DEPOSIT ...
001.000.000.239.200.000.00 300.00
Total :300.00
124511 3/17/2011 073597 WAGGONER, TRACY WAGGONER0307 REFUND
REFUND FOR CANCELLED CLASS
001.000.000.239.200.000.00 89.00
Total :89.00
124512 3/17/2011 045912 WASPC 30705 ELECTRONIC HOME MONITORING
ELECTRONIC HOME MONITORING
001.000.230.523.200.510.00 57.50
45Page:
Packet Page 66 of 147
03/17/2011
Voucher List
City of Edmonds
46
10:04:38AM
Page:vchlist
Bank code :front
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total :57.50124512 3/17/2011 045912 045912 WASPC
124513 3/17/2011 071604 ZOHO CORPORATION 1051985 SERVICE DESK PLUS 10 ANNUAL SUBSCRIPTION
ServiceDesk Plus Standard Edition
001.000.310.518.880.310.00 4,995.00
Desktop Central Professional Edition
001.000.310.518.880.310.00 995.00
SERVICE DESK PLUS & DESKTOP CENTRAL1051985
Service Desk Plus sales discount
001.000.310.518.880.310.00 -499.50
Desktop Central sales discount
001.000.310.518.880.310.00 -99.50
Total :5,391.00
Bank total :262,604.70145 Vouchers for bank code :front
262,604.70Total vouchers :Vouchers in this report145
46Page:
Packet Page 67 of 147
AM-3813 Item #: 2. D.
City Council Meeting
Date: 03/22/2011
Time:Consent
Submitted By:Carrie Hite
Department:Parks and Recreation
Review
Committee:
Committee
Action:
Type:Action
Information
Subject Title
Yost Pool award of bid for repairs.
Recommendation from Mayor and Staff
Council authorizes an award of bid for the reparation of Yost Pool.
Previous Council Action
Council authorized $120,000 in the 2011 CIP for Yost pool repairs. Because this was an expedited
process, this item was not reviewd at the CSDS committee. Council President Peterson authorized this as
an agenda item for March 22, 2011.
Narrative
As most of you may recall, Yost pool is in need of capital repairs, and was included in the budget for
2011. There is $120,000 allocated and authorized by Council in the 2011 CIP. This repair is needed
before we are able to open and operate for the summer. In order to minimize the impact on the shell and
tile, we waited until the freeze was over to drain the pool, so as not to cause more damage. The pool was
drained two weeks ago, and we received a preliminary analysis of the repairs last week.
Unfortunately, there is more damage than we anticipated. Because of the extent of the damage, we are
expediting the bid and award process because we will need at least two months to complete the project
(one month for repair, and one month for refilling and balancing). Our opening day is set for June 6th.
This means we will need to have a contract in place by April 1, 2011 if we want to open on time for the
season.
Staff completed the specifications for this project, and requested bids from five pool operators on the
small works roster. A pre-bid conference was held at the pool on March 11, 2011. The bids are due on
March 18th at 5:00 p.m. We have requested that the bids include a cost breakdown, and options for repair.
Because the bids are due after the Council materials are due, staff will send a listing of the bids to
Council either Monday afternoon or Tuesday morning prior to the meeting. If the bids come back higher
than what is budgeted, staff will also provide a fiscal note for Council decision.
Because of the condition of the pool it would be prudent for the city to begin discussing a rebuild, or
exploring a financing package to fund one of the options in the Aquatic Feasibility Study that was
completed in 2009. We are hopeful that this reparation will allow us to operate Yost Pool for at least 5
years, if not longer depending on the bid options and budget. This will give us time to further this
discussion and prepare for future aquatics needs in the City of Edmonds.
Packet Page 68 of 147
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 03/16/2011 12:32 PM
Mayor Sandy Chase 03/16/2011 12:35 PM
Community Services/Economic Dev.Stephen Clifton 03/16/2011 01:16 PM
Final Approval Sandy Chase 03/17/2011 01:02 PM
Form Started By: Carrie Hite Started On: 03/16/2011 12:02 PM
Final Approval Date: 03/17/2011
Packet Page 69 of 147
AM-3789 Item #: 3.
City Council Meeting
Date: 03/22/2011
Time:15 Minutes
Submitted By:Stephen Clifton
Department:Community Services
Review
Committee:
Committee
Action:
Type:Information
Information
Subject Title
Community Service Announcement: Introduction of new Edmonds Community College
President Jean Hernandez.
Recommendation from Mayor and Staff
Previous Council Action
Narrative
Dr. Jean Hernandez was named President of Edmonds Community College as of January 1, 2011. At
the invitation of the City's Community Services/Economic Development Director, President Hernandez
will be attending the March 22, 2011 City Council meeting. This will provide President Hernandez an
opportunity to introduce herself to the community and for the City Council to ask President
Hernandez questions. The following was provided by the Office of President Hernandez.
Background
With close to 30 years experience in higher education, Hernandez was previously the vice president for
instruction at South Seattle Community College, where she recently served as the interim president and
vice chancellor from March to July 2010. As vice president for instruction, Hernandez increased the
diversity of the tenure track faculty by ethnicity, religion, and age; collaborated with faculty leadership to
create a tenure handbook and tenure orientation sessions; and received six grants through the Workforce
Development Council of Seattle-King County totaling more than $500,000.
Hernandez began her community college career at Shoreline Community College as a multicultural
studies teacher who was promoted to dean of Health Occupations and Physical Education. She then
joined Cascadia Community College as the executive vice president for student learning, where she
served as the Accreditation Liaison Officer to the Northwest Commission on Colleges and Universities.
She has also served in numerous leadership roles with the Washington state community and technical
college system. In addition, she worked in university environments in the areas of human resources,
admissions, and career services.
Higher Education
Hernandez received her Doctorate of Education degree in Educational Leadership & Policy Studies from
the University of Washington and her Master of Education in Counselor Education and Bachelor of
Science in Secondary Education degrees from the University of North Texas.
Packet Page 70 of 147
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 03/16/2011 12:32 PM
Mayor Sandy Chase 03/16/2011 12:35 PM
Final Approval Sandy Chase 03/17/2011 01:02 PM
Form Started By: Stephen Clifton Started On: 03/03/2011 02:34 PM
Final Approval Date: 03/17/2011
Packet Page 71 of 147
AM-3815 Item #: 4.
City Council Meeting
Date: 03/22/2011
Time:60 Minutes
Submitted For:Chief Widdis Submitted By:John Westfall
Department:Fire
Review
Committee:
Committee
Action:
Recommend Review by Full
Council
Type:Information
Information
Subject Title
Joint Meeting with Snohomish County Fire District 1 Commissioners.
Recommendation from Mayor and Staff
None
Previous Council Action
EMS Transport Fees item presented to Public Safety Committee 12/14/2010.
Narrative
Snohomish County Fire District 1 (FD1) Board of Commissioners will be present in a joint meeting with
Edmonds City Council. Fire Chief Ed Widdis will present and provide comments to his 2010 Fire Chief's
Report that is FD1's comprehensive annual report of fire, paramedical services, training, prevention, and
public educational activities.
Fire staff will discuss FD1's emergency response performance. In 2005, the Washington State Legislature
adopted a bill (HB 1756) that requires substantially career fire departments to maintain policy
establishing the existence of the fire department, identifying the services provided and the basic
organizational structure of the fire department, and the service delivery/response time objectives for the
fire department for those emergency services. This report is intended to provide our elected officials and
the community with a true picture of how well the fire department is doing meeting the adopted response
objectives.
Fire staff will also present the collections process for EMS transport fees.
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 03/17/2011 12:43 PM
Community Services/Economic Dev.Stephen Clifton 03/17/2011 12:47 PM
Final Approval Sandy Chase 03/17/2011 01:02 PM
Form Started By: John Westfall Started On: 03/16/2011 04:02 PM
Final Approval Date: 03/17/2011
Packet Page 72 of 147
AM-3816 Item #: 6.
City Council Meeting
Date: 03/22/2011
Time:30 Minutes
Submitted By:Phil Williams
Department:Public Works
Committee:Community/Development Services Type:Action
Information
Subject Title
Consideration and approval of a site lease for roof space on the Francis Anderson Center
and an Energy Services Agreement with the Edmonds Community Solar Cooperative to
facilitate the construction and operation of a Community Solar project.
Recommendation from Mayor and Staff
Mayor and staff recommend approval of the submitted agreements and ask that authorization be given to
the Mayor to sign them on behalf of the City in substantially the same form as presented.
Previous Council Action
This project and drafts of these agreements were previously presented to Council for review and
discussion on October 5th, 2010 and January 18th, 2011. No action was asked for and none has been
taken to date. Council has given direction to staff to seek alterations in the draft contract language. Those
concerns have been addressed in the attached documents.
Narrative
The Edmonds Community Solar Cooperative (ECSC) was formed to sponsor and develop a Community
Solar Project in the City of Edmonds. The group includes a number of members of Sustainable Edmonds
where the original discussions of this project were initiated. The Cooperative was formed to separately
pursue the project. The Cooperative approached the City of Edmonds to see whether the City had a
suitable location to locate the project and a willingness to do so. City Staff and the Cooperative agreed
the Francis Anderson Center (FAC) would be a good location with its physical setting, unencumbered
roof spaces, and readily available opportunities to educate both adults and youth on the topics of solar
power, energy conservation, carbon emissions, and other topics.
The site lease and Energy Services Agreement create a partnership between the City of Edmonds and the
ECSC to locate up to 375 solar panels and up to 18 inverters (up to 75 KW capacity) on the five lower
roofs at FAC. The term of these agreements extends to July, 2020. The City will receive a nominal rent
payment of $249 per year. The City will also buy electrical power from the project at an initial rate of 5
cents/KWH escalating at 3% per year. The City would have the option to purchase the entire installation
at its fair market value at any time after the first six years of operation. The estimated cost to purchase is
$75,000 after ten years.
The site lease and the Energy Services Agreement are attached in a strikeout/underline version to
illustrate how the new agreements responded to earlier comments and questions since the January 18th,
2011 Council meeting. Also attached are an excerpts from the 10/5/10 and 1/18/11 Council meetings, a
summary of changes in the agreements since they were last reviewed by the Council, a copy of the
1/20/11 e-mail from Councilmember Buckshnis containing questions, and an FAQ which responds to
these and other questions received about the project.
Packet Page 73 of 147
Fiscal Impact
Fiscal Year:2011 Revenue:$249 Expenditure:
Fiscal Impact:
The City is scheduled to recieve $249/year in a lease payment for the roof space used by the Cooperative
(ECSC) on the Francis Anderson Center
The City is estimated to save approx. $31,000 in electrical energy costs during the 10-year lease by
buying power at reduced rates initially and with likely a lower escalator than will be available from
SnoPud over the ten-year period.
Attachments
FAC site lease
Energy Services Agreement
Summary of Changes
Excerpts 1/18/11 Council Mtg
Excerpts 10/5/10 Council Mtg
Ms. Buckshnis solar e-mail 1/20/11
FAQ
Form Review
Inbox Reviewed By Date
Parks and Recreation Carrie Hite 03/17/2011 12:50 PM
City Clerk Sandy Chase 03/17/2011 12:57 PM
Community Services/Economic Dev.Stephen Clifton 03/17/2011 01:05 PM
Final Approval Sandy Chase 03/17/2011 01:06 PM
Form Started By: Phil Williams Started On: 03/17/2011 06:57 AM
Final Approval Date: 03/17/2011
Packet Page 74 of 147
{WSS840944.DOC;1\00006.900000\ } 1
DISCUSSION DRAFT
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 ________________, 2011 (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
SOLAR 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 “PremisesProperty”).
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:
Comment [A1]: The markup in this version
started from a version of the document prior to
12.20. I re-added the markup from our 12.20 and
1.12.11 versions. These items are called out in
sidebar notes.
Comment [A2]: ok
Packet Page 75 of 147
{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 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, 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
accordance with Lessee’s plans and design pre-approved by Lessor in accordance with the Solar
Services Agreement (collectively, “Operations”).
Packet Page 76 of 147
{WSS840944.DOC;1\00006.900000\ } 3
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. Except as specified on
Attached Exhibit A-3, tTrees, structures, and improvements located on the Property as of the
Effective Date shall be allowed to remain, and Lessee may not require their removal. Trees
shown on Exhibit A-3 shall be maintained at and trimmed to the height shown on said Exhibit.
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 1July 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 on or before October 1, 2011, 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. All construction and installation activities associated with the
SEF shall be completed on or before December 31, 2012. Failure to complete construction and
install shall trigger a default. 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
Comment [A3]: ok
. 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 [A4]: We recommend maintaining July
1 2020 as the end date for the contract term. This is
the day after the Washington State solar production
incentive expires.
Comment [A5]: ok
Packet Page 77 of 147
{WSS840944.DOC;1\00006.900000\ } 4
5. The Lessee shall also pay leasehold excise tax if required by Chapter 82.29A RCW as
now stated or hereafter amended. For purposes of leasehold excise tax, taxable rent for the lease
space/area has been determined to be $2493 per kW of solar capacity installed per year. 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 $25024925 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
The Lessee shall also pay leasehold excise tax as required by Chapter 82.29A RCW as now
stated or hereafter amended. For purposes of leasehold excise tax, taxable rent for the lease
space/area has been determined to be $XX.XX per month. The leasehold excise tax rate at the
time of execution of this agreement is 12.84%. As a result, Lessee shall also pay the Lessor
$YY.YY per month 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.
As a result, Lessee shall also pay the Lessor
$0.00 per year 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.
5.6. Additional Rights of Lessee
5.16.1
.
Temporary Construction Laydown Area.
5.26.2
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
6.7.
and incorporated herein by this reference.
Design and Construction of Solar Energy Facility; Acknowledgment of Lessor
6.17.1
.
Design and Construction
Comment [A6]: COMMENT FROM 12.20.10
Version.
. Lessee shall mount the SEF solar panels on sand
bagsballast trays with concrete blocks 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
http://apps.leg.wa.gov/rcw/default.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.
Comment [A7]: Comment from 12.20.10
Packet Page 78 of 147
{WSS840944.DOC;1\00006.900000\ } 5
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.
6.27.2 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
6.3
.
Lessor acknowledges that the SEF may weigh 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.
Permits.
7.8.
Lessee shall obtain any and all governmental permits and approvals
required prior to any construction activities, provided, however, that the Lessor will assist in the
preparation and presentation of an application for a certificate of appropriateness pursuant to
Section 20.45.050 of the Edmonds Community Development Code. Nothing herein shall be
deemed to waive or limit the quasi-judicial discretion of the City of Edmonds.
Maintenance of the Premises; Security
7.18.1
.
Maintenance
7.28.2
. 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
7.38.3
. 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
ALTERNATIVE
. 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.
7.4 BondReserve for removal
7.4.1 To cover all costs associated with removal of SEF and restoration of the
Premises to their pre-existing condition in the event of default by Lessee and/or termination for
cause by Lessor.
. Grantee shall furnish a bondmaintain a cash reserve or
bond in a form approved by the Grantor in the sum of the estimated removal cost at the system’s
installed size for the purpose of:
Comment [A8]: Comment from 1.12.111 The
weight of the system will not be known in advance
of system design, which will be undertaken after the
lease has been secured.
Formatted: Justified, Don't adjust space
between Latin and Asian text
Comment [A9]: ok
Comment [A10]: We want to separate the issues
of
1) Cost of physically removing the system in the
event of the Co-op’s default
2) Potential damage to the roof caused by the solar
energy facility.
Item 1 can be handled through reserve or bond
sufficient to cover the removal of the system from
the Frances Anderson center.
Item 2 is a much larger cost to the coop, we received
a quote in the $10’s of thousands, an amount which
would make the project a non-starter. Additionally
our insurer notes that damage to the City’s property
is covered by the liability policy we intend to carry
on the solar power system.
We believe the reserve account + the liability
insurance coverage sufficiently protect the city from
default and damage while protecting the cooperative
from burdensome expenses.
Formatted: Justified
Packet Page 79 of 147
{WSS840944.DOC;1\00006.900000\ } 6
7.4.2 To cover all costs associated with repair of damage to the Premises caused
by the action or inaction of the Grantee, including by way of illustration and not limitation, repair
of the Premises roof membrane covering and/or supporting structures.
8.9. Lessor’s Representations and Warranties
8.19.1
.
Authority; No Third-Party Rights
8.29.2
. 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
8.39.3
. 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
9.10.
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
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.
Default; Remedies
9.110.1
.
Lessee Default
9.1.110.1.1 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
. The following events shall be defaults with respect to Lessee
(each, a “Lessee Default”):
Comment [A11]: The cooperative’s liability for
any damage to the Frances Anderson Center caused
by the Solar Energy Facility will be covered by the
cooperative’s insurance policy. A copy of this
insurance policy will be provided in a separate
attachment.
Formatted: Font: Not Bold
Packet Page 80 of 147
{WSS840944.DOC;1\00006.900000\ } 7
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 Section 12
9.1.210.1.2 Lessee makes an unauthorized roof penetration;
of the Solar Services Agreement shall apply without limitation to any
Lessee Default under this Agreement.
9.1.310.1.3 (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.
9.1.4 Lessee fails to complete construction and installation of the SEF in accord
with Section 3, 9.1.2 or 9.1.3.
10.2 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, iIf
a Lessee Default described in Section 9.1.1
9.210.3
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. In addition to any such remedy at law, Grantor may elect to take possession of
the SEF and all equiment and accessories thereto if Grantee defaults as provided in Section 9.1
and the subsections thereof.
Lessor Defaults
9.2.110.3.1 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”):
9.2.210.3.2 (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
involuntary bankruptcy proceeding commenced against Lessor remains undismissed or
undischarged for a period of sixty (60) days.
Comment [A12]: ok
Formatted: Space Before: 0 pt, Line spacing:
single
Comment [A13]: ok
Formatted: SRLegalTab_L2, Justified, Don't
adjust space between Latin and Asian text
Comment [A14]: ok
Comment [A15]: ok
Formatted: Font: Not Bold
Packet Page 81 of 147
{WSS840944.DOC;1\00006.900000\ } 8
9.310.4Lessee’s Remedies. If a Lessor Default described in Section 9.3.1 or 9.3.2
10.11.
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
11.12.
. 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
12.13.
. 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
13.14.
. 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
13.114.1 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.
.
13.214.2 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.
14.15. Estoppel Certificate
Comment [A16]: Comment from 12.20.10
. 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.
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{WSS840944.DOC;1\00006.900000\ } 9
15.16. 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
16.17.
shall run with the land and survive any transfer or
conveyance of the Property.
Notice and Notices
16.117.1
.
Notice
16.217.2
. 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 N. Northlake Way #301
Edmonds WA 98020 Seattle, WA 98103
425-775-2525 Ph:(206) 525-3969
Fax: 425-771-0252 Fax: (206) 973-5385
With a copy to: With a copy to:
W. Scott Snyder
OGDEN MURPHY WALLACE, PLLC
1601 Fifth Avenue North, Suite 2100
Seattle WA 98101
206-447-7000 Ph:
Fax: 206-447-0215 Fax:
16.317.3 Change of Recipient or Address. 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.
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{WSS840944.DOC;1\00006.900000\ } 10
17.18. Miscellaneous
17.118.1
.
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
17.218.2
.
Quiet Enjoyment
17.318.3
. 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
17.418.4
. 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
18.5
. 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
17.518.6
. 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
Time of Essence
17.618.7
. Times is of the essence in the performance of this
Agreement.
Recordation
17.718.8
. 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
17.818.9
. This Agreement may be amended only in writing signed by
Lessee and Lessor, or their respective successors in interest.
Counterparts
17.918.10
. 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
Comment [A17]: ok
. 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.
Formatted: English (U.K.)
Formatted: English (U.K.)
Packet Page 84 of 147
{WSS840944.DOC;1\00006.900000\ } 11
17.1018.11 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 85 of 147
{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
Formatted: No underline
Packet Page 86 of 147
{WSS840944.DOC;1\00006.900000\ } Exhibit A
EXHIBIT A
DESCRIPTION AND DEPICTION OF PROPERTY PROPERTY & PROJECT
AREA
Packet Page 87 of 147
{WSS840944.DOC;1\00006.900000\ } Exhibit A-1
EXHIBIT A-1
DEPICTION OF PREMISES
Packet Page 88 of 147
{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 89 of 147
{WSS840944.DOC;1\00006.900000\ } Exhibit A-2
Packet Page 90 of 147
{WSS840944.DOC;1\00006.900000\ } Exhibit B
Narrative
The total area of the 5 roofs (3 of SW classroom wing (7296 sf) & 2 due south of tall
building section (2730 sf)) that we need for the arrays is 10,026 sq. ft.
We will not be able to use all of it due to some side shading from the tall section, south
shading by the clerestory on the northernmost classroom roof and some mechanical
features but we need to have use of it all for staging and wiring and access.
There are 5 trees on the south side of the classroom wing, numbered 1-5 starting at the
west end and moving east.
Tree 1 is 10' from the building and sticks up approximately 10' above the roof. It needs to
be trimmed to no more than 3'6" above the roof which means trimming approximately 6' off
the top. It has been previously trimmed to that level.
Tree 2 is 5' from the building and sticks up approximately 6' above the roof. It needs to be
trimmed to no more than 1'6" above the roof which means trimming approximately 4' off
the top.
Trees 3,4,5 are 17' from the building and stick up approximately 6' above the roof and do
not require trimming but will need to be maintained at that level to avoid shading the
southernmost solar array on the classroom wing.
All 5 trees are small and will not be difficult to trim or maintain.
Packet Page 91 of 147
{WSS840944.DOC;1\00006.900000\ } Exhibit B
EXHIBIT B
SOLAR ENERGY FACILITY SPECIFICATIONS
Up to 75kW Solar Facility Design Plan to be provided by the Cooperative after Solar Site Design
is Completed by its chosen vendor. City of Edmonds Facilities Personnel will have prior
approval of location of all equipment to be installed at the Frances Anderson Center. Comment [A18]: Comment from 1.12.11
Packet Page 92 of 147
{WSS840944.DOC;1\00006.900000\ } Exhibit B
To be Provided by the Cooperative’s designated Solar Power System Designer
Packet Page 93 of 147
{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 94 of 147
{WSS840944.DOC;1\00006.900000\ } Exhibit D
EXHIBIT D
RENT SCHEDULE
Edmonds Community Power Cooperative shall pay to the City of Edmonds an annual lease
payment of $10 per kilowatt of nameplate solar power capacity the Cooperative places on City
property for the current year.24950. 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 50 kilowatts of solar power capacity the cooperative will
pay $10 x 50 kilowatts = $500 per year.
Comment [A19]: I adjusted the amount to be
$249 to stay under the amount where leasehold
excise tax is triggered, and dispensed with an
indexed rent instead fixing the rent at $249 per year.
Packet Page 95 of 147
SOLAR POWER ENERGY SERVICES AGREEMENT
COVER SHEET OF TERMS
{WSS840942.DOC;1\00006.900000\ }
DISCUSSION DRAFT
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: [__________________]Phil Williams
Public Works Director
Tel. (425) 771-0235
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 July 128, 20201
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.
Comment [A1]: The markup in this version
started from a version of the document prior to
12.20. I re-added the markup from our 12.20 and
1.12.11 versions. These items are called out in
sidebar notes.
Formatted: Font: (Default) Times New Roman,
11 pt
Comment [A2]: Comments from 12.20.10
Packet Page 96 of 147
SOLAR POWER ENERGY SERVICES AGREEMENT
COVER SHEET OF TERMS
{WSS840942.DOC;1\00006.900000\ }
Net Metering Agreement: Attached as Exhibit DE.
Buyout Option: Attached as Exhibit E. Formatted: Underline
Packet Page 97 of 147
{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 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
Packet Page 98 of 147
{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
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{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
Comment [A3]: Net Metering agreement will be
facilitated by the Cooperative between the City of
Edmonds and Snohomish PUD
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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.
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 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. such water lines, sewer lines, storm water
lines, power lines, and telephone and communication lines as are reasonably necessary 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.
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
3.
”), 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
conditions set forth in the Lease Agreement. The Lease Agreement is incorporated herein by this
reference.
SELLER’S RIGHTS, DUTIES AND OBLIGATIONS
Comment [A4]: Comment from 12.20.10
.
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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 specified herein or negotiated hereafter. 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
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
Comment [A5]: ok
. 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
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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.
3.8 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. By way of illustration, Customer will assist in acquisition of a certificate
of appropriateness under Section 20.45.050 of the Edmonds Community Development Code,
Provided, However, that nothing herein shall be deemed to limit the quasi judicial discretion of
the City of Edmonds. 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 [A6]: ok
. Customer will maintain the roof and the Premises in
good condition and repair, and will use commercially reasonable efforts to maintain Customer’s
electrical energy equipment located on the Premises in good condition and repair so as to be able
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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. 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.
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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. The Commercial Operation Date shall occur on or before
December 31, 2012 or this Agreement shall be terminated and at an end. No notice of
termination is required.
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
Comment [A7]: ok
. 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.
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5.4 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
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.
NOTICES
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6.1 Addresses for the Delivery of Notices
To Seller: Edmonds Community Solar Cooperative
. 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:
C/O Tangerine Power Corporation
999 N. Northlake Way, Suite 301
Seattle, WA 98103
Attention: Stanley FlorekChris Herman
Fax No.: (206) 973.5385
Phone No.: (206) 425.8901525.3969
With a copy to: Chris Herman[________________________]
19420 - 84th Avenue West[________________________]
Edmonds WA 98020[________________________]
[________________________]
Fax No.: [(___)__________][(206) 973-5385________]
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. 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.
Formatted: Indent: Left: 1.5", First line: 0.5"
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{WSS840942.DOC;1\00006.900000\ } 11
7.
7.1
CHANGES IN CIRCUMSTANCE; TERMINATION; PURCHASE OPTION
Change in Circumstances
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 weather heads mounting pads or
other support structures, 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 weather- and
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
Comment [A8]: ok
, Seller will reimburse Customer for any costs
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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.
7.2.2 Customer’s Early Termination Rights
(a) If Customer elects to terminate this Agreement pursuant to this
. In addition to any other rights to
terminate under other provisions of this Agreement, Customer may terminate this Agreement at
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:
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 TO BE
NEGOTIATED 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.
(b) Customer may not, under any circumstances, terminate this
Agreement without cause for a period commencing on the Commercial Operation Date
(so long as that date occurs on or before December 31, 2012) and for five (5) years
thereafter.
(c) The Customer may elect to terminate without cause and without
cost, after the five (5) year period established by Subsection (b) above has expired by
providing thirty (30) days written notice to the Seller.
7.3 Early Termination Fee
7.3.1
.
Liquidated Damages Not Penalty
7.3.27.2.3
. 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
Comment [A9]: ok with deletion
provides that Customer may terminate this Agreement if Seller is the defaulting party. If Seller
Formatted: Justified
Comment [A10]: ok
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{WSS840942.DOC;1\00006.900000\ } 13
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.
7.47.3 Temporary Closure of the Premises
7.57.4
. 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
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.
Removal of SEF at Expiration, Early Termination or Event of Default
7.5
. 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 except for SEF weather heads and ordinary wear and tear. Seller
will take all practicable commercially reasonable steps to ensure the removal of the SEF does not
affect the integrity of the Premises, which will be as weather and 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
structuresweather heads 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
Comment [A11]: ok with deletion
. 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
Comment [A12]: ok
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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, except to the extent
specifically set forth herein, the determination of fair market value will not take into account the
value of this Agreement or the Easement Lease 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 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.
ALTERNATIVE
7.6.1 Credit. In any buyout, the Customer shall be given a credit for certain
contract considerations as set forth herein. In lieu of a bond or other security, a credit of ______
________________________ Dollard ($________) shall be given to Customer to be applied
toward the Buy Out Price The credit approximates the economic cost that Seller would have
incurred had it provided a bond or other security to secure its obligations under this Agreement,
as well as the impact installation of the SEF could have on the remaining life of the Customer’s
Warranty for roofing materials and covering. The credit is stated in terms of its value at the
effective date of the Lease and this Agreement and shall be adjusted annually by the consumer
price index (CPI-U), June to June, for the Seattle Tacoma Everett metropolitan area. ]
7.6
8. FORCE MAJEURE
8.1 No Liability If a Force Majeure Event Occurs
Comment [A13]: ok
. 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.
Formatted: SRLegalTab Cont 2, Left
Formatted: Heading 3
Comment [A14]: The City will be covered
against property damage in two ways: 1) Roof
Warrantee and 2) Cooperative’s liability insurance.
We believe adding a 3rd form of compensation in the
form of an end-of-life credit for these risks is not
needed.
Formatted: Normal, Left
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{WSS840942.DOC;1\00006.900000\ } 15
8.2 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
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
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{WSS840942.DOC;1\00006.900000\ } 16
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
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
Comment [A15]: Ok with deletion
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 BUYERCUSTOMER’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
Comment [A16]: ok
Comment [A17]: ok
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{WSS840942.DOC;1\00006.900000\ } 17
AGREEMENT AND CUSTOMER'S REPLACEMENT ENERGY COST DURING THE
INITIAL TERM.
10.2 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
11.2
, 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
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.
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,
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{WSS840942.DOC;1\00006.900000\ } 18
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
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 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 thirty (30)
days to cure if Lender commence to cure the condition within the cure period and diligently
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{WSS840942.DOC;1\00006.900000\ } 19
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
13.12. 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.
13.112.1 Governing Law; Jurisdiction; Venue
13.212.2
. 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. 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 mediation with a mutually agreed upon mediator 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
14.13. INDEMNIFICATION
shall be entitled to recover its reasonable costs and expenses
incurred in connection with such action, including reasonable attorneys’ fees.
14.113.1 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 its respective officers, membersagents, 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
14.213.2
”) 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
Comment [A18]: ok with deletion
”) from and against any and all damages and expenses incurred by
Comment [A19]: ok
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{WSS840942.DOC;1\00006.900000\ } 20
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.
15.14. INSURANCE
15.114.1 Obligation to Maintain Coverage
15.214.2
. 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 $52521,000,000
general aggregate, $12121,000,000 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.
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
15.314.3
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
15.414.4
. 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.
16.15. MISCELLANEOUS
16.115.1 Tax and Regulatory Compliance; Seller Tax Benefits
16.215.2
. 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
Comment [A20]: We believe that doubling our
original offer of general liability coverage to $2M
limits is sufficient for this agreement. Please let us
know if you have specific risks to mitigate so we
may contain our insurance costs.
. 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
Comment [A21]: ok
Comment [A22]: ok
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{WSS840942.DOC;1\00006.900000\ } 21
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.
16.315.3 Amendments
16.415.4
. 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
16.515.5
. 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
16.615.6
. 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
16.715.7
. Time is of the essence in this Agreement.
Unenforceable Provision
16.815.8
. 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
16.915.9
. 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
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]
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{WSS840942.DOC;1\00006.900000\ } 22
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: [___________________________]
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{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 modules (WA) or equivalent products
Up to 18 – Silicon-Energy SIE-4.2 Commercial Inverters or equivalent products
Fixed roof mount with ballastance tray racks
.
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{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 a fully funded 75kW system.
2. Reflects 0.5% annual panel production degradation.
3.2. Reflects 3% annual kWh rate escalation.
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{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: [_______________________]
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{WSS840942.DOC;1\00006.900000\ }
EXHIBIT D
NET METERING AGREEMENT ATTACHED IN:
http://www.snopud.com/Site/Content/Documents/solarexp/NetMeterAgrmt609web.pdf
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{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.
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{WSS840942.DOC;1\00006.900000\ }
OWNER:
By: [_____________________________]
Name: [___________________________]
Its: [_____________________________]
EXHIBIT E
TERMINATION BUYOUT AND BUYOUT VALUE
Due to tax implications, there is no buyout / termination value provided in the first six years. The customer is not
permitted to exercise the buyout option in the first six (6) years of operation. The buyout / termination value shown
for Year 6 refers to buyout / termination at the end of Year 6 / beginning of Year 7. TheseBuyout values are
estimates provided for the city’s planning and are based on the following factors: ;
(a) The energy production from the solar energy system over it remaining useful life;
(b) The cost of the lease for the property that the solar energy system is located; and
(c) Maintenance, insurance, and cost of removal of the solar energy system if the host facility decides not to renew
the lease.
Aan opinion by the coop’s advisors as to the Fair Market Value of the system at the time a buyout option is
exercised will be sought and a different, mutually agreed-to value will be established with the city by at that time. e.
Formatted: Space After: 0 pt
Formatted: Font: Bold
Packet Page 125 of 147
Summary of Changes to Solar Agreements since 1.18.11 Edmonds City Council Meeting
Stanley Florek
3.17.2011
Lease Agreement
• Cooperative will maintain a bond or cash reserve in the amount of the estimated removal cost
of the solar system.
• All construction must be complete by December 2012 or contract is terminated.
• City may take possession of the equipment OR have it removed at the cooperative’s expense in
the event of a default by the Cooperative.
• Added specifications for requested Tree trimming to keep the panels unshaded.
Energy Services Agreement
• Removed all monetary penalty to City of Edmonds from early termination.
• Removed language regarding obligations to a Lender. There is no lender involved in the project.
• Cooperative and Installer will maintain Liability insurance at the $2M aggregate / $1M incident
level.
• Added Exhibit E, Termination & Buyout schedule to estimate Fair Market Value of system in
each year of the contract plus all additional option years.
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Community Solar Project - Excerpt from January 18 2011 Edmonds City Council Minutes
http://www.ci.edmonds.wa.us/CityCouncil/CouncilArchives/2011/110118_ApprovedCityCouncilMinutes
.pdf
7. COMMUNITY SOLAR AGREEMENTS
Public Works Director Phil Williams recalled when the community solar project was proposed to the
Council late last year, the Council directed staff to work with the sponsors to negotiate agreements to
implement the project and bring them to the Council for consideration. The City needs a lease agreement
for the roof of the Frances Anderson Center (FAC) to execute the project as well as a power purchase
agreement. He introduced Mark Mayes, Carlo Voli, and Chris Herman, Sustainable Edmonds and
Edmonds Community Solar Co-op, and Stanley Florek, CEO, Tangerine Power.
Mr. Mays explained Sustainable Edmonds instigated the startup of this project and formed Edmonds
Community Solar Cooperative. During the last presentation there was no entity into which the City could
enter into an agreement. There are currently 12 members of the Co-op who are also eligible to become
officers of the Co-op. To facilitate the formation of the Co-op, they enlisted Stanley Florek and Tangerine
Power to provide legal and corporate structure and proposals for lease and service agreements (power
purchase agreement).
Mr. Florek explained Edmonds Community Solar Co-op incorporated December 8, 2010. The City’s risks
are reduced by:
• Preparation of a lease agreement and energy services agreement defining the City’s and the
Coop’s responsibilities and benefits
• Property insurance and taxes will all be paid by the Co-op
• Phased approach to funding and construction, the Council to decide whether to grant the Co-op
a lease of the entire FAC rooftop or a portion
Mr. Florek relayed the Co-op’s request for the Council to approve, 1) Solar Roof Lease, and 2) Solar
Energy Services Agreement (aka Power Purchase Agreement) so they may build and operate a
Community Solar Power System on the FAC. He displayed the project sales website, advising there has
already been $14,000 in commitments from 12 members in the local community. He provided an
overview of the roof lease:
• Lease term is from approval through June 2020 (approximately 9.5 years), when a Washington
State production incentive/payment for green power sunsets. This is one of the funding
mechanisms that will pay back investors over time
• Roof access and construction rights only when coordinated with City facilities personnel
Packet Page 127 of 147
• Co-op will insure its own equipment
• Panels will be weighted down, not attached to building (weighted “ballasted” solar panel
racking system). No penetration of roof other than 1-2 wires to provide generated electricity to a
service panel in the facility
• $3/kilowatt lease income to City up to $225/year (under the $250/year limit for state excise tax)
He provided an overview of the energy services agreement:
• City accepts all solar power we deliver at $.05/KWh + 3% escalator. City saves approximately
$31,000 in utility costs over 9.5 years if Co-op fully subscribed
• Snohomish PUD will be involved to connect system and the Co-op will facilitate an
interconnection agreement with Snohomish PUD in the event of excess electricity generation
• At end of term, parties to renegotiate, remove equipment or sell discounted equipment to the
City
• Early termination is painful to Co-op. If terminated at City’s election, City understands that it
will cause significant hardship to the project as follows:
o Co-op subject to repayment of up to $200,000 federal grant (if terminated years 1-5)
o Decertification of State Incentive (loss of up to $75,000 per year of incentive payment
through 2020)
Mr. Florek identified the following items for discussion:
• The Co-op requests to utilize all the available roof space on the FAC where solar could
conceivably be installed and produce electricity. He displayed an aerial photograph of the FAC,
identifying areas where panels could be installed. The historical nature of the center building
makes that portion unavailable for solar panels. If the City’s grants access to the entire roof, they
can engineer all the entire system and equipment installed as additional funding is provided by
investors.
• Early termination penalty to be defined
• Bonding for system removal after abandonment
He reviewed the City’s electricity savings if the full 75 kilowatt system is funded and installed in 2011 is
$31,817.77 over the 9.5 year period. He briefly reviewed the Co-op’s estimated financials including
Packet Page 128 of 147
revenue from Co-op member contributions; materials, installation and design; development fee, etc. over
the 9.5 year period.
He summarized the Council’s approval to enter into the two agreements will allow community members
to access a roof in their community, provide a long term relationship defining the terms, allow the City to
receive discounted power, and produce revenue for the Co-op to meet its obligations.
Councilmember Plunkett referred to Mr. Florek’s comment regarding the historical nature of the center of
the building and asked where the panels would be located. Mr. Florek identified the historical portion of
the building that was constructed in 1928. He also identified areas of the roof where panels could be
located, advising the actual location would be determined by the selected installer. Councilmember
Plunkett pointed out the portion of the building to the west of the 1928 portion is also older. Mr. Herman
answered it was built in 1947. He clarified they were not considering installing panels on the 1928 portion
but were considering the 1947 portion.
Councilmember Plunkett inquired if reflection of light from the panels could shine into residences. Mr.
Herman advised the optimum angle to make the best use of the roof is approximately 15 degrees or 18
inches off the roof. When the sun’s angle is at its highest point at 65 degrees, the only visible reflection
would be from an airplane; the same is true when the sun is at 20 degrees at winter solstice. He explained
the Silicon energy panels have an anti-reflective coating on the surface of the glass.
Councilmember Plunkett asked whether there had been complaints regarding reflection in other
installations in urban areas. Mr. Herman answered the only complaints were from pilots in San Diego
regarding panels that were installed on a parking structure at the airport. Councilmember Buckshnis
expressed surprise that none of the questions she asked at the first presentation were answered. The
Council approved it in principle based on receiving additional information. Her questions included:
• Is another location feasible in view of the historical nature of the FAC?
• Only five houses can be powered; why not put the panels on those houses?
• What’s in it for the City?
• Revenue generated only provides job security for someone.
• Will free electricity be provided to the FAC?
Mr. Florek offered to have his PowerPoint presentation provided to the Council. In response to the
question regarding an alternate location, Mr. Herman explained the FAC was selected because it is a
community center, it has southern exposure, City staff identified it, and the roof is only two years old.
Councilmember Buckshnis relayed her concern that the FAC is historically designated and whether the
roof could support the panels. She reiterated her concern that her list of questions had not been addressed.
Mr. Herman advised they were directed to work with staff on the details. He has been on the roof three
times doing a site assessment and measurements.
With regard to structural issues, Mr. Herman explained they did not want to incur the cost of a structural
engineer before an agreement was in place. In his experience there has not been a building whose roof
Packet Page 129 of 147
was not strong enough to support the panels. With regard to Councilmember Buckshnis’ comment
regarding job security, he noted none of them were getting paid. He is managing the project at no charge
and was hopeful the federal and state incentives would provide a return for the Co-op. With regard to the
number of houses that could be powered, Mr. Herman explained 5 average houses or 25 efficient houses.
In response to what’s in it for the City, Mr. Herman answered the benefits are:
• Discounted power for the next 9.5 years
• Opportunity for people in the city to take advantage of a 30% federal grant,
• $1.08/KWh for everything the system makes for the next 9.5 years
• An opportunity to invest in solar power if a citizen does not have an appropriate roof or does not
own their roof
• Sale of renewable energy credits for $0.04/KWh
• $225/year roof lease and $0.05/KWh for the next 9.5 years versus $0.08/KWh
Councilmember Buckshnis commented she was not ready to approve the agreements without answers to
her questions.
Councilmember Petso recalled a smaller project was to be approved for a small portion of the FAC roof.
Mr. Herman explained there are five roofs on the south side of the FAC. Without laying out the system,
they were not certain which areas would be necessary. An agreement could be drafted for all the roofs
that may be appropriate. He described his site assessment/measurements of the FAC roof to determine
where panels could best be installed.
Councilmember Petso asked how much larger an area was now being contemplated. Mr. Herman advised
the five roofs on the south side are approximately 7500 square feet. The initial proposal was the three
roofs on the southwest side. With the side-shading from the 2-story portion of the building, it was
necessary to consider the south roof.
Councilmember Petso observed the estimated savings was $31,000 over 9.5 years. Mr. Herman explained
that amount is based on assumptions including the escalation of power rates. Councilmember Petso
observed it could be less. Mr. Herman assumed power rates would increase at least 3% for the next 9
years. Councilmember Petso noted the City likely had spent more in legal fees than the project would
return to the City.
Councilmember Plunkett asked Mr. Herman’s experience with installing moderate to large systems. Mr.
Herman answered he has designed dozens. Councilmember Plunkett asked how many were installed
without a structural engineer reviewing the building. Mr. Herman answered none of them; a structural
engineer always looks at the building. Councilmember Plunkett recalled Mr. Herman stated they did not
plan to have a structural engineer look at the building. Mr. Herman clarified they had not done it yet. The
money that members of the Co-op have paid has not been spent; if the project does not proceed, the
money will be returned.
Packet Page 130 of 147
Student Representative Gibson asked the number of kilowatts the FAC used on average per hour. Mr.
Herman answered the high is 200,000 KWh/month. This system will not produce the amount of energy
the building uses. During a site assessment with the potential installer, Snohomish PUD’s interconnection
inspector was present to ensure the transformer was big enough to handle the biggest system they could
install. The transformer at the street and the power conditioning equipment inside the building were also
inspected and found capable of handling the biggest system. State law limits the size of a community
solar project to 75 kilowatts or approximately 7500 square feet of solar panels.
City Attorney Scott Snyder explained the Council previously approved the solar project in concept but
there were a number of unanswered questions. Staff has been careful not to devote a great deal of staff
legal time to the project. The agreement has been refined to cover the basic business provisions and have
identified two major issues. Phased development or expansion – when the Council and Committee
reviewed this project, they understood the Council’s go-ahead to be very limited. This appears to be
agood pilot project with minimal economic benefits to the City and significant downside risks the Council
must be aware of. If the Council is interested in a small project to a do a good thing to advance solar
power in the community, this is an appropriate project. Staff has reservations with anything that appears
to be a right of first refusal or license to use an expanded area. Several Councilmembers have raised the
issue of the return; $225 is the minimum amount on which lease hold sales tax does not need to be paid.
The benefits to the City are reduced power costs, $31,000 over the life of the 9.5 year agreement. There is
a great deal of risk for the Co-op in the event of early termination; investors would be out $200,000 if that
occurred in the first 3 years plus the tax credits of $75,000/year. The first draft contained an early
termination fee to cover their out-of-pocket costs plus $75,000. The total could be nearly $1 million for a
$31,000 benefit. The agreement now contains a “to be negotiated” for the early termination fee. Mr.
Snyder explained if the panels are located on any portion of FAC that is on the historic register, a
Certificate of Appropriateness will need to be issued upon review of all features of the property interior
and exterior that contribute to the designation and are listed on the nomination. He doubted the flat roof of
the FAC was listed on the nomination. If the Council chooses to proceed, much of the benefits will be
good things in the community and education, not a great deal of revenue and there is potential for
significant costs if problems arise.
Mr. Williams noted he likes the project and there are a number of good elements although they are not
financial. There are risks although a risk assessment likely would find a low likelihood of those occurring.
He summarized although the risks are not huge, the financial benefit to the City is also not huge. He
supported the project if the details can be worked out.
Mr. Snyder pointed out page 4, paragraph 6.1 of the initial lease agreement provides for structural
evaluation by a licensed engineer prior to proceeding. He noted much of the value to the investors is from
federal tax credits. The way the agreements are currently structured, much of the burden could fall on the
City unless the amount is reduced. He cautioned the Council to be careful about the agreements they
entered into because it will be difficult to undo.
With regard to the historic nature of the Frances Anderson Center and listing on the historic register, Mr.
Williams relayed Planning Manager Rob Chave’s assurance that a Certificate of Appropriateness was
obtainable.
Packet Page 131 of 147
Councilmember Buckshnis inquired about the possible obsolescence of the panels at the end of the 9 year
period. She was concerned with a startup Co-op placing solar panels on a premier downtown building.
Mr. Herman explained the Co-op was created specifically for this project. He has been in business 23
years; he clarified he had not been involved in dozens of projects of this size. The installer for the first
phase of the project has been involved with many large projects. The Silicon Energy Panels are made in
Marysville. The Natural Renewable Energy Lab recently conducted destructive testing of 20 of the largest
panel manufacturers in the world and Silicon Energy Panels because they are made differently than other
panels. All the other panel manufacturers failed after two weeks, Silicon Energy has still not failed after
five weeks of testing. The panels are warranted for 20 years. There is no maintenance required of the
panels; there are no moving parts and they are rated for golf ball size hail at 50 mph. An inverter may
need to be replaced in 10 years but that is inexpensive. The panels will sit on the roof making energy.
Councilmember Buckshnis inquired about alternate sites. Mr. Herman answered consideration had been
given to the Edmonds Marina and the Public Safety building. The educational nature of the FAC and it
being a centerpiece of the City made it an ideal site. City staff originally suggested the FAC.
Councilmember Buckshnis referred to a question she posed previously, if this had been done before, and
the response that it had not been done in Washington; had been done in Colorado but had yet to be
certified. She pointed out this is a very new concept and she was concerned with locating panels on the
FAC. She commented on reflection from panels on Councilmember Bernheim’s home. Mr. Herman
remarked those panels were 10 feet off the ground. He advised there are community solar projects in
Ellensburg and Okanogan Public Utility but both were utility-owned community projects.
Councilmember Buckshnis expressed interest in further review of the information. Mr. Herman offered to
respond to all Councilmember Buckshnis’ questions.
Councilmember Plunkett asked about bonding. Mr. Snyder answered bonding was one approach, another
way would be if the Co-op defaults, the equipment reverts to the City. However, because a lender will be
involved, the lender would have superior rights. The current obligation is to remove the panels and store
them at the lessee’s expense. The problem arises if it is a default corporation. Mr. Herman advised they
did not plan to have a lender. His preference was for the Co-op to stay out of debt. Councilmember
Plunkett referred to Mr. Snyder’s indication that the City could be responsible for the federal tax credit in
the event of early termination. Mr. Snyder answered this was flagged as an issue but had not yet been
worked out to avoid expending a great deal on legal fees. He referred to Section b on page 12 of the
Power Purchase Agreement regarding the amount the Customer (City) would pay if the agreement were
terminated after the Commercial Operation Date, explaining it was originally $75,000/year. When he
indicated that amount would be a non-starter, it was changed to “an amount to be negotiated.” He
remarked what the Co-op was requesting was not unfair but in the event of early termination someone
would bear the $200,000 in upfront tax credits and $75,000/year. He summarized the City would realize
$31,000 over 9.5 years but there is considerable risk that needs to be allocated. He sought the Council’s
direction regarding how the risk was allocated.
Councilmember Plunkett asked why the City could be responsible for the federal tax credit if it was the
Co-op’s project. Mr. Snyder answered if the City terminates, the federal government will require the tax
credit to be returned. Mr. Florek explained the US Treasury and IRS require that if the Co-op receives a
30% rebate and the City terminates in years 1-5, the $200,000 in federal grant funds be repaid. The
amount is prorated over the first five years, 20% per year.
Packet Page 132 of 147
Councilmember Plunkett clarified if the City terminates in years 1-5, the City could be responsible for as
much as $75,000/year. Mr. Florek commented that scenario would only occur if the termination were
without cause. There are a series of causes listed in the agreement. Councilmember Plunkett commented
“cause” can be an expensive legal issue to resolve.
Councilmember Fraley-Monillas asked whether closure of the FAC would be “for cause.” Mr. Snyder
advised the agreement addresses work being done on the building. The more building that is covered, the
more likely construction would be necessary during the 9 year period. There are provisions for relocation
of the facilities but all would have financial consequences for the Co-op and the City.
Councilmember Wilson commented the Council had spent a great deal of time tonight discussing this
topic and clearly there were continuing concerns. He suggested the Council provide staff direction via a
motion to continue answering questions, etc.
Council President Peterson commented many of the questions asked tonight were addressed in the
Community Services/Development Services Committee meeting. He agreed with providing direction to
staff and requested the questions recorded in the minutes of the previous presentation be forwarded to the
representatives.
Councilmember Petso asked Mr. Williams if there had been discussions regarding how often City staff
would need to visit the roof. Mr. Williams answered it would not be a common occurrence. He noted if
the City were required to cancel the agreement for reasons other than those listed for cause, clearly both
parties would have a desire to mitigate whatever damages would arise. One option would be to move the
panels to another location.
Councilmember Petso asked if the roof would need to be accessed 2-3 times a year. Mr. Herman
answered most customers never clean the panels. In Zion National Park the panels were cleaned annually;
before they were cleaned one year, a meter determined the loss was only 10%. He anticipated the rain in
this area would be sufficient to clean the panels. Mr. Snyder advised the agreements guaranteed access to
the panels, conduits, pipes and other structures. Mr. Herman advised access to the roof is kept to a bare
minimum.
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO
REQUEST STAFF RETURN WITH A RECOMMENDED ACTION, YES OR NO, DEPENDING ON
NEGOTIATIONS, NEGOTIATIONS TO LIMIT THE CITY’S DOWNSIDE TO THE GREATEST
EXTENT POSSIBLE INCLUDING ELIMINATING THE CITY PICKING UP THE LIABILITY FOR
THOSE SHAREHOLDER INVESTMENTS, CONSIDERATION OF SOME SORT OF BONDING
EFFORT THAT WOULD BE IN PLACE SHOULD AN EVENT NECESSITATE SOMEONE
MOVING THE PANELS, AND CONSIDERATION BE GIVEN TO ALTERNATE LOCATIONS.
Councilmember Wilson commented the City was open-minded about the community solar project but
could not spend this amount of time reviewing it.
Councilmember Plunkett was uncertain which portions of the FAC were on the historic register. If the
1947 portion is included, a Certificate of Appropriateness from the Historic Preservation Commission
(HPC) will be required. Councilmember Plunkett offered and Councilmember Wilson and Council
President Peterson accepted the following as a friendly amendment:
Packet Page 133 of 147
TO HAVE THE ITEM SENT TO THE HISTORIC PRESERVATION COMMISSION FOR EITHER
REVIEW FOR A POTENTIAL CERTIFICATE OF APPROPRIATENESS OR IF A CERTIFICATE IS
NOT NEEDED, THE HISTORIC PRESERVATION COMMISSION’S OPINION REGARDING
PLACING SOLAR PANELS ON A SIGNIFICANT HISTORIC BUILDING.
Councilmember Wilson preferred the HPC’s decision not bind the Council in any way. Councilmember
Plunkett responded if the 1928 and 1947 portions of the FAC are on the historic register, a Certificate of
Appropriateness will be required. He was uncertain whether the Council could override the requirement
for a Certificate. He acknowledged that buildings could be removed from the historic registry.
Councilmember Bernheim expressed his wholehearted support for the community solar project due to the
positive aspects. Most of the negative comments/dissatisfaction is due to a lack of knowledge. This is a
federal demonstration project to put solar panels on public buildings to illustrate it can be done. The
panels provide cheap power to the City; the City will buy the power the panels create at less than
commercial rates. The power is renewable. With regard to the historical nature of the building, he noted
the honor afforded Frances Anderson was due to her interest in the community; this solar project is a
community building effort. The FAC is an ideal site and it being built in 1928 does not preclude installing
solar panels on the roof. With regard to the termination provisions, he questioned why the City would
want to terminate the agreement. He acknowledged there were risks to be negotiated but they were not
serious risks. The panels are removable. He encouraged the Council to look at what could be learned from
this project rather than focusing on how it could fail.
Council member Petso referred to the Council’s commitment to reduce legal fees in 2011. She was not
supportive of the motion if it directed staff including Mr. Snyder to invest time in negotiations. As
wonderful as it would be to have a demonstration project, she did not want to do it at the cost of an
enormous amount of Mr. Snyder’s time.
Councilmember Plunkett asked how much time Mr. Snyder would spend on the negotiations. Mr. Snyder
estimated he has spent 5-6 hours to date and estimated another 4-5 hours would be required,
approximately $1100.
THE VOTE ON THE MOTION CARRIED (5-2), COUNCILMEMBER PETSO AND PLUNKETT
VOTING NO.
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Solar Project - Excerpt from October 5 2010 Edmonds City Council Minutes
http://www.ci.edmonds.wa.us/CityCouncil/CouncilArchives/2010/101005_ApprovedCityCouncilMinutes
.pdf
6. SUSTAINABLE EDMONDS COMMUNITY SOLAR POWER PROPOSAL
Parks & Recreation Director Brian McIntosh explained City staff members were approached in the
summer by a group of interested citizens representing Sustainable Edmonds regarding the possibility of
locating an "Edmonds Community Solar Project" on a public building or community space. Due to its
good exposure and low elevation (12' - 16' sections) the roof of the southwest wing of the Anderson
Center appears to be an excellent location for such an installation.
The City's interest derives from Council resolutions and adopted policies contained in the Community
Sustainability Element, including:
• Community Health Goal Policy E.2: Reduce energy consumption and maximize energy
efficiency by promoting programs and educational initiatives aimed at a goal to “reduce, re-use,
and recycle” at an individual and community-wide level.
• Sustainability Goal D: Develop utility policies, programs, and maintenance measures designed
to support and promote sustainability. Maintain existing utility systems while seeking to expand
the use of alternative energy and sustainable maintenance and building practices in city facilities.
• Council Resolution 1170: The City of Edmonds commits to the following policy goals:
o To become an environmental standard bearer for...reduction of green house gas
emissions...
o 4) d. Encouraging both public and private demonstration projects that illustrate how
sustainable and "green" development can be accomplished in both retrofit and new
development situations.
At this time there are very good solar incentives in the form of grants and favorable rates for community
based projects.
Mark Mays, Sustainable Edmonds, described his background. He also described Sustainable Edmonds’
role in the project:
• The project meets Sustainable Edmonds’ mission of local actions for global sustainability
challenges
• Will act as the project facilitator and offer feasibility assistance
• Will provide assistance finding a local ownership group
• Project handoff to owners and administrator
• Document project successes/issues as template for the next solar project
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Chris Herman, Sustainable Edmonds, described his background in solar design. He explained community
solar incentives were passed two years ago. However, due to problems identified with the rules, they were
not effective until September 5. He reviewed the requirements for a community solar project:
• Located only on government and utility owned property
• Ownership group must reside locally
• Details as defined by WA State Bill SB 6658
o 75kW or less ( equiv. ≈ 5 residential homes)
o Production incentives up to $1.08 kWh thru 2020 (purchasing the voltage inverter from
an instate manufacture provides $0.36 kWh, purchasing panels from an instate
manufacture provides $0.72 kWh, purchasing both provides $1.08 kWh)
o Paid through the local utility from the State Utility Tax
Mr. Hermann identified the proposed location on the roof of the southwest wing of the Frances Anderson
Center. The area has a fairly new roof and there should be enough space for 75 kW (7,500 square feet)
which will produce approximately 75,000 kW per year. This area of the Frances Anderson Center also
had a new electrical system installed recently. There will be no penetrations into the roof and installation
of the panels will not impact the warranty on the roof system. Ballast trays are installed on concrete paver
or gravel and the racks/modules that are part of the ballast systems are rated up to 125 mph winds.
Mr. Mays described how the program would work:
• City agrees to lease roof space (Frances Anderson Center)
• Possible compensation could include the City receiving the net metering credit ≈ $6,000/yr.
This would be negotiated with the ownership group.
• Other City benefits include
o Directly reducing carbon footprint
o Serves as demonstration model for more solar projects
o Local ownership that support the local economy
o Possible acquisition of system after 2020, or continue to receive green power at reduced
rates
o Site kiosk for educational purposes
Mr. Mays reviewed next steps:
1. City gives their approval of the project
2. Locate project owner(s)
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o Must be known to each other
o Local Company to initiate project
3) Ownership group implements project
o Project engineering and equipment acquisition
o Installation and commission
o Ongoing project administration handled by the ownership group
Mr. Mays explained there is some urgency to this action because the ability to convert the 30% tax credit
to a grant expires at the end of 2010. There is legislation pending in Congress to extend it into 2011 but it
has not yet been passed. A group would need to spend 5% of the capital funds (approximately $30,000)
this year to qualify for a grant in lieu of tax credit.
With regard to risks for the City, Mr. Mays explained:
• Is the City liable for the equipment? No, the owners are, the City only leases the space.
• What if the equipment damages the building? Insurance from the ownership group covers it.
• Will it cost the City money? No, the City will only receive revenue from the net metering credit.
• Will the equipment block any views? No, and the blue non-reflective panels are more attractive
than the existing torch down roof
Councilmember Buckshnis asked if this had ever been done before. Mr. Hermann answered not in
Washington; it has been done in Colorado and two systems in the State have received certification from
the Department of Revenue but have not yet been installed. Ellensburg has a community solar project, a
ground-mounted system owned by the Ellensburg government which also owns the municipal utility.
Councilmember Buckshnis asked whether the City could utilize the cost savings from the solar panels.
Mr. Herman answered there are three groups of community solar projects: private companies which
include co-ops and LLCs, mutual corporations and government owned, and utility owned. Utility owned
projects are limited to 25% of the total program, company owned are limited to 5% and the other 70%
could be government owned.
Councilmember Buckshnis asked how many houses the panels would power. Mr. Mays answered the
panels would produce 75 kW, the equivalent of 5 residential homes. Mr. Hermann advised that was 5 all
electric homes; it could provide power for 20 efficient homes.
Councilmember Buckshnis asked how many people would be in the group and how the group would be
selected. Mr. Hermann answered ideally it would be less than 20 but could be up to 100. Mr. Mays
advised the maximum any one person can receive is $5,000. The ideal number would be approximately
16 to cover the cost of the project.
Packet Page 137 of 147
Councilmember Buckshnis advised she needs further information regarding the numbers, how many
people would be involved, what the cost would be, the lease amount, etc. Mr. Mays explained sharing
Edmonds City Council Approved Minutes feasibility numbers could be construed as offering securities;
they must be careful to present it only as feasibility. He commented it was possible the City would receive
the net metering credit of approximately $6,000/year and potentially own the system after 10 years. He
summarized there were a variety of things that could be negotiated with the ownership group. Mr.
Herman commented he would personally put $10,000 into the system himself; it is that good a deal. He
emphasized the need to move forward in order to spend 5% of the system costs by the end of the year.
Councilmember Buckshnis asked how members would be selected if there were 100 desiring to
participate. Mr. Herman suggested first come, first served. Councilmember Buckshnis asked if
participants would need further information regarding the numbers. Mr. Herman replied yes, but the first
step is identifying a host site. The request tonight is if the City would be willing to lease the space.
Councilmember Buckshnis inquired about the lease amount for the roof. Mr. Mays advised that would be
negotiated with the ownership group. He explained the ownership group could be an existing company,
LLC, etc. They must be careful about providing information to avoid being perceived as offering a
security. This is a financial feasibility study that appears to pencil out. It is up to the City to determine the
amount of the lease; it would seem fair and reasonable for the City to at least receive the net metering
credit or approximately $6,000 year, increasing approximately 5% per year.
Councilmember Peterson pointed out staff’s recommendation was to instruct the City Attorney and staff
to develop the lease. He was excited about the prospect of this project. He asked the cost of the project.
Mr. Herman answered the project ranged from $640,000 to $720,000.
Council President Bernheim expressed his support in principle.
COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PETERSON,
TO ENDORSE IN PRINCIPLE THE IDEA OF LETTING PEOPLE USE CITY ROOFTOPS WITH
SOLAR EXPOSURE FOR SOLAR ELECTRIC GENERATION INSTALLATIONS.
Councilmember Plunkett asked if the proposal was 7,000 square feet of equipment on the Anderson
Center roof. Mr. Herman replied it was. Solar Dog, who makes the ballast systems, relayed they have
never had a problem with a roof structure in the 1,200+ systems they have installed the last 5 years.
Councilmember Plunkett assumed the agreement with the ownership group would include sufficient
insurance to repair any damage. He asked whether the agreement should also include language regarding
removal of the equipment in the event the system was not successful. City Attorney Bio Park advised any
lease agreement the City enters into contains a very tight indemnification agreement for any damage.
With regard to an unsuccessful system, he advised there were several options, 1) require the ownership
group to remove the equipment, 2) the City take possession of the equipment, or 3) require a bond for
removal of the equipment. Councilmember Plunkett commented a bond appeared to be the safest for the
City. Mr. Park pointed out another consideration is leasehold excise tax for lease of the roof.
MOTION CARRIED UNANIMOUSLY.
Packet Page 138 of 147
E-mail from Councilmember Buckshnis 1/20/11
Good Morning,
Thank you Stanley, I would imagine you would want to send this to all City
Council Members so Jana can you please distribute this to all City Council
Members.
I have yet to prepare all my questions and concerns regarding the practicality of
this project while I may agree to it in principle. I want to study this document
closely as well. I have received four phone calls yesterday from citizens
thanking me for asking the tough questions and I apologize if I came across
ignorant (Mr. Bernheim's word) in this area but this is a focal point of our city
for many things and we must use care and caution and provide sufficient research
to allow those of us that might have concerns, have them answered.
So, off the top of my head, here are some concerns I heard yesterday in the two
meetings I attended and I have meetings today...so I will try and get all my
questions to you by this weekend.
I would like to know what other projects there are that have this type of public
private partnership where the public receives virtually pennies (which probably
have already been spent on legal) as I tried to research this back in October and
found no information.
I also want to know exactly the benefits to the private co-op and if those
benefits can be shared with the city (i.e. I would think the city should get some
of its electric paid for)?
Also, it would be helpful to know the weight bearing and the overall stress it
will put on the structure.
Also, what experience each of you have (as board members) in this type of
project.
Also, is there any conflict of interest that needs to be disclosed (as an example
I sit on the Boards of the Senior Center and Off-Leash Area and am in the audit
committee of the Garden Club, I disclose that to citizens when I have to vote on
something and/or abstain).
Also can you please explain the Fed benefits that will be granted and can this be
passed on to the City as well.
Also, if many of you haven't done a project like this nor have many examples,
have you considered a smaller site to start with so we can see how it is handled.
What is the cost/benefit for the City other than it being a "demonstration of
moving forward to clean energy".
I am running late, so I will look at this and send any more questions along.
Most importantly, I want to know the risk/reward and I am not trying to be
difficult, I just know that if I have these questions, there is probably 10
citizens behind me wondering the same and then behind them and so on.....
Packet Page 139 of 147
Thanks for the information and I will study it this weekend. If you have
examples send them along.
Cheers,
Diane Buckshnis
Diane Buckshnis
City Council Position #4
206-228-3462 (c)
_____
From: Stanley Florek [mailto:stanley.florek@tangerinepower.com]
Sent: Wed 1/19/2011 1:47 PM
To: Buckshnis, Diane
Cc: ssnyder@omwlaw.com; Williams, Phil; 'Chris Herman'; Mark Mays;
carlovoli@yahoo.com
Subject: Edmonds Solar Co-Op Presentation
Ms. Buckshnis: in fulfillment of your request at Council last night I am
attaching the electronic presentation I gave to the Council last night. The
Edmonds Solar Co-Op Team and I will also comb through your questions from the
October 5th Council meeting and send you a follow up email shortly with an answer
for each one. Or we can work with you through Staff if you prefer.
After that let us know of additional questions that come up for you in relation
to the community solar project. We are eager to have a dialogue with you about
them, ensuring that you and your constituents have the answers they need about
this project. Thank you for your crucial vote last night.
Thanks,
Stanley Florek
Chief Executive Officer @
Description: Description: Tangerine_Power_Logo_Small
Packet Page 140 of 147
Office: 999 Northlake Way #301, Seattle, WA 98103
Mail: 3518 Fremont Avenue North #267, Seattle, WA 98103
Mobile: (425) 891-4001
Fax: (206) 973-5385
Email: <mailto:stanley.florek@tangerinepower.com>
stanley.florek@tangerinepower.com
Web: <http://www.tangerinepower.com/> http://www.tangerinepower.com
<http://www.linkedin.com/in/sflorek> Description: Description: Description:
View Stanley Florek's profile on LinkedIn
Generating clean energy. Growing community wealth.
_____
No virus found in this message.
Checked by AVG - www.avg.com
Version: 10.0.1191 / Virus Database: 1435/3392 - Release Date: 01/20/11
Packet Page 141 of 147
Edmonds Community Solar Cooperative
Solar Host - Frequently Asked Questions
General Background
Q: What is a Community Solar Project?
It’s a solar power system funded and owned in common by local citizens who want to put solar where it makes the most energy.
Each community solar project needs a Host property on which to put solar panels and a group of Member-Owners to fund the
project.
Q: Where else has Community Solar been done?
• Ellensburg, WA - Solar Community
o http://wa-ellensburg.civicplus.com/DocumentView.aspx?DID=254
• Okanogan County, WA - Community Solar
o http://www.okanoganelectriccoop.com/OCEC%20community%20solar%20facts.pdf
• Poulsbo, WA - Community Solar
o http://www.kitsapsun.com/news/2011/feb/07/states-largest-community-solar-project-goes-in/
• Whidbey Island, WA – Island Community Solar
o http://www.whidbeyexaminer.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=4845
• Ashland, OR - Solar Pioneers
o http://www.ashland.or.us/Page.asp?NavID=1534
• Sacramento, CA - SolarShares
o http://nwcommunityenergy.org/solar/solar-case-studies/navajo-nation
• St George, UT - SunSmart
o http://www.sgsunsmart.com/index.htm
• Brighton, CO - SolPartners
o http://www.unitedpower.com/mainNav/greenPower/solPartners.aspx
• University Park, MD – University Park Solar
o http://universityparksolar.com/
• Florida Keys, FL - Simple Solar
o http://www.cleanenergyauthority.com/solar-energy-news/clean-energy-collective-offers-net-metering-to-masses-
020111/
• Hundreds of community-owned energy projects have been completed in Europe and Canada.
Q: Who owns and pays for the solar panels at Frances Anderson Center?
Edmonds Community Solar Cooperative, a locally owned and operated company set up for the purpose of developing the solar
energy potential of local rooftops. Members of the Co-Op buy SunSlicestm to fund a specific project like the Frances Anderson Center.
Q: About how many homes would the system power?
The average northwest home uses 12,000 kilowatt hours per year. When fully funded he Frances Anderson Center solar system
should produce about 75,000 kilowatt hours per year. This amounts to serving the energy needs of between 5 and 6 homes.
Q: Why does the system have to go on City property? Can’t it go on private roofs?
Washington has a special financial incentive encouraging local residents to install solar power systems on local government
properties to save energy and money. The cooperative seeks to make use of this program. Also, many of our members can’t install
solar on their property for various reasons; trees block their roof, they live in an apartment or condo, or they can’t afford a whole
system right now.
Q: Why does the system have to go on the Frances Anderson Center? Aren’t there other buildings it could go on?
Comment [s1]: 10.5.10 Council Minutes:
Councilmember Buckshnis asked if this had ever
been done before.
1.18.11 Council Minutes:
Councilmember Buckshnis referred to a question she
posed previously, if this had been done before
1.20.11 Email from Councilmember Buckshnis
I would like to know what other projects there are
that have this type of public private partnership
Comment [s2]: 10.5.10 Council Minutes:
Councilmember Buckshnis asked how many houses
the panels would power.
Comment [s3]: 1.18.11 Council Minutes
Councilmember Buckshnis: Only five houses can be
powered; why not put the panels on those houses?
Comment [s4]: 1.18.11 Council Minutes
Councilmember Buckshnis: Is another location
feasible in view of the historical nature of the FAC?
1.18.11 Council Motion:
COUNCILMEMBER WILSON MOVED,
SECONDED BY COUNCIL PRESIDENT
PETERSON, TO REQUEST STAFF RETURN
WITH A RECOMMENDED ACTION, YES OR
NO, DEPENDING ON NEGOTIATIONS…
CONSIDERATION BE GIVEN TO ALTERNATE
LOCATIONS.
1.20.11 Email from Councilmember Buckshnis
Have you considered a smaller site to start with so
we can see how it is handled
Packet Page 142 of 147
Solar power requires a large south facing roof with years of life left, criteria the Frances Anderson Center meets. The center was
originally suggested by city staff as a high-visibility location for community solar. One goal of the Cooperative is to provide hard data
on local solar energy potential and educate the community about its benefits. The FAC’s role as a community hub serving residents
of all ages makes it an ideal location for solar education & outreach.
Q: How do solar panels support the historic preservation of the Frances Anderson Center?
We believe that energy savings and historical preservation are compatible goals. The US Department of Interior has published
guidelines for conducting energy retrofits that respect the historical elements of a property. Using these guidelines the Cooperative
assisted City staff with applying for a Certificate of Appropriateness from the Historic Preservation Commission for the FAC solar
project. The project was presented to the HPC on 3/10/2011. The Commission expressed enthusiasm for the project and we expect
a straightforward approval path for the solar project’s Certificate of Appropriateness.
Q: How much electricity does the Frances Anderson Center use?
Based on discussions with city staff, we estimate the building’s annual electricity use at 140,000 kWh per year.
Q: What other sites has the Co-Op considered for solar?
Edmonds Marina, Public Works buildings, Sewer District buildings, Schools and the Public Safety Building.
Q: Will the equipment block any views or shine reflections into homes?
No, the panels will be placed low to the existing roof on the south end of the building. The blue, non-reflective solar panels could be
considered more attractive than the current torch down roof and surrounding power lines.
Q: Have there been complaints about solar panels?
We are unaware of any complaints that prevented a solar power system from being constructed, or caused an existing solar power
installation to be removed.
Q: Where are the solar panels made?
In Marysville, WA, just 30 miles away from the Frances Anderson Center.
Finance & Legal
Q: What are key benefits to the City of hosting a Community Solar Project?
• The City saves an estimated 30% on electricity generated by the solar system starting on day 1. A full 75kW system will
generate an estimated $30,000 in electricity savings over the next 9 years.
• The City receives an annual lease payment of $249.
• This pilot project can be a model for organizing and financing other energy saving projects in the community.
Q: Will the solar power system cost the City money?
No, the City actually saves money from day 1 by accepting all solar energy produced by the panels at a discount to current utility
rates. It also receives a lease payment from the Cooperative.
Q: Approximately how much will it cost to build a full 75kW solar power system?
We conservatively estimate the total developed cost for 75 kilowatts of Washington-made solar equipment to be $750,000 including
engineering, installation, permits, legal services, insurance, marketing expenses, and reserves required by the city. The system can
be funded and built in phases to minimize the initial cost and get a system up and running faster.
Q: What moneys are generated for the Cooperative by the solar project once it’s built?
Comment [s5]:
1.18.11 Council Minutes:
Councilmember Buckshnis relayed her concern that
the FAC is historically designated
Motion
TO HAVE THE ITEM SENT TO THE HISTORIC
PRESERVATION COMMISSION FOR EITHER
REVIEW FOR A POTENTIAL CERTIFICATE OF
APPROPRIATENESS OR IF A CERTIFICATE IS
NOT NEEDED, THE HISTORIC PRESERVATION
COMMISSION’S OPINION REGARDING
PLACING SOLAR PANELS ON A SIGNIFICANT
HISTORIC BUILDING.
Comment [s6]: 1.18.11 Council Minutes:
Student Representative Gibson asked the number of
kilowatts the FAC used on average per hour
Comment [s7]: 1.18.11 Council Minutes
Councilmember Plunkett inquired if reflection of
light from the panels could shine into residences
Comment [s8]: 1.18.11 Council Minutes
Councilmember Plunkett asked whether there had
been complaints regarding reflection in other
installations in urban areas
Comment [s9]: 10.5.10 Council Minutes:
Councilmember Buckshnis asked whether the City
could utilize the cost savings from the solar panels.
Councilmember Buckshnis advised she needs further
information regarding… the lease amount
Councilmember Buckshnis inquired about the lease
amount for the roof.
Councilmember Buckshnis: What’s in it for the
City?
Councilmember Buckshnis: Revenue generated only
provides job security for someone.
1.20.11 email from Councilmember Buckshnis
I also want to know exactly the benefits to the
private co-op and if those benefits can be shared with
the city
What is the cost/benefit for the City other than it
being a "demonstration of moving forward to clean
energy"
Comment [s10]: 10.5.10 Council Minutes:
Councilmember Buckshnis advised she needs further
information regarding… what the cost would be
Councilmember Buckshnis: Will free electricity be
provided to the FAC?
Comment [s11]: 10.5.10 Council Minutes:
Councilmember Peterson…asked the cost of the
project.
Comment [s12]: 10.5.10 Council Minutes:
Councilmember Buckshnis advised she needs further
information regarding the numbers
1.20.11 Email from Councilmember Buckshnis
Can you please explain the Fed benefits that will be
granted and can this be passed on to the City as well
Packet Page 143 of 147
• Energy services payments from the city ($0.05/kWh w/3% annual escalator through June 2020)
• Washington State Production Incentive ($1.08/kWh through June 2020)
• US Treasury Grant (30% rebate of system cost)
Q: How long would the City’s contract with the Cooperative last?
Until June 30th, 2020.
Q: What happens in 2020 at the end of the contract?
A: The Cooperative’s Board of Directors will evaluate options that benefit the members near the end of the term. Possible options
include selling the solar array to the Community Center, negotiating a new agreement to provide energy services to the Community
Center, donating the array to the Community Center, moving the array to another roof, or dismantling the array and selling it used
to a 3rd party.
Q: What if the system needs to get removed? Who pays for that?
The cooperative will obtain a quote for removing the installation and set aside a bond or cash reserve account sufficient to pay for
this work.
Q: Can the system be removed by the city for whatever reason?
Not during the first five years of the contract, as this would trigger a repayment of certain federal tax benefits by the cooperative. If
there were no alternative but removal, the cooperative would work with the city to re-locate the system to an alternate location.
Q: Is there a financial penalty to the city for early removal of the equipment?
No.
Q: Could the city become liable for the Cooperative’s tax obligations?
No.
Q: What happens to the equipment if the Co-Op ceases operating?
The City may take ownership of the solar equipment and continue operating it to produce electricity. Or it can require money from
the Co-Op’s De-Installation bond or cash reserve account to be disbursed to a vendor of its choice to remove the system.
Q: Is there a lender involved in the project?
There is no lender involved in the project at this time, all project funds have come from community members.
Construction & Operations
Q: How will the solar power system be installed to the Frances Anderson Center?
Weighted trays will hold down the solar panels, and a secure cabling system will tie the panels together. There will be no holes or
attachments put in the roof.
Q: How will the panels affect the FAC roof warranty?
The Cooperative will obtain permission from original roofing company to maintain the FAC roof warrantee through its expiration in
2018, or it will provide comparable coverage at its own expense.
Q: Will the roof hold the weight of the equipment?
Comment [s13]: 1.18.11 Council Minutes:
Councilmember Plunkett asked about bonding.
1.18.11 Council Motion:
COUNCILMEMBER WILSON MOVED,
SECONDED BY COUNCIL PRESIDENT
PETERSON, TO REQUEST STAFF RETURN
WITH A RECOMMENDED ACTION, YES OR
NO, DEPENDING ON NEGOTIATIONS, …
CONSIDERATION OF SOME SORT OF
BONDING EFFORT THAT WOULD BE IN
PLACE SHOULD AN EVENT NECESSITATE
SOMEONE MOVING THE PANELS…
Comment [s14]: 1.18.11 Council Minutes:
Councilmember Fraley-Monillas asked whether
closure of the FAC would be “for cause.”
Comment [s15]: 1.18.11 Council Motion:
COUNCILMEMBER WILSON MOVED,
SECONDED BY COUNCIL PRESIDENT
PETERSON, TO REQUEST STAFF RETURN
WITH A RECOMMENDED ACTION, YES OR
NO, DEPENDING ON NEGOTIATIONS,
NEGOTIATIONS TO LIMIT THE CITY’S
DOWNSIDE TO THE GREATEST EXTENT
POSSIBLE INCLUDING ELIMINATING THE
CITY PICKING UP THE LIABILITY FOR THOSE
SHAREHOLDER INVESTMENTS…
Comment [s16]: 1.18.11 Council Minutes:
Councilmember Plunkett asked why the City could
be responsible for the federal tax credit if it was the
Co-op’s project.
Comment [s17]: 10.5.10 Council Minutes:
Councilmember Plunkett… asked whether the
agreement should also include language regarding
removal of the equipment in the event the system
was not successful.
With regard to an unsuccessful system, [City
Attorney Park ]advised there were several options, 1)
require the ownership group to remove the
equipment, 2) the City take possession of the
equipment, or 3) require a bond for removal of the
equipment.
Comment [s18]: 1.18.11 Council Minutes
Councilmember Buckshnis relayed her concern
…whether the roof could support the panels.
Councilmember Plunkett asked how many [solar
power systems] were installed without a structural
engineer reviewing the building.
1.20.11 Email from Councilmember Buckshnis
It would be helpful to know the weight bearing and
the overall stress it will put on the structure.
Packet Page 144 of 147
An engineering assessment will be conducted prior to construction, paid for by the Cooperative. The engineer’s report will
determine how many solar panels the building can safely hold.
Q: What if the equipment damages the building or injures people?
Insurance paid for by the installer and ownership group will cover potential damage to property and injury to people by the solar
power system.
Q: Is the City liable for damage to the solar equipment?
No, the Cooperative is responsible for operating the equipment. The City just leases space to the cooperative to put its solar panels
up.
Q: Who will maintain the solar equipment?
The Cooperative will sign an annual service contract with an experienced local solar company.
Q: How much maintenance does the solar equipment require?
Solar power systems need very little maintenance. An annual cleaning and inspection is generally sufficient to ensure continuous
operation.
Q: How much roof space is required for the solar panels?
We estimate that 7,500 square feet is required to install a full 75 kilowatt solar array.
Q: What if the roof of the building needs to be replaced during the contract period?
The solar panels will be installed in racks that are easy to move aside for brief periods of roof maintenance.
Q: What if the solar panels become obsolete?
The first solar panels ever made in the 1950’s at Bell Laboratories are still functioning. Solar panels have very long (25+ year)
lifetimes where they keep producing electricity for running everyday life, and maintenance requirements are minimal. If technology
breakthroughs create cheaper or more efficient solar panels, we suggest the city place them on additional buildings in Edmonds
while allowing the existing panels to run at least through their 25 year warranteed life.
About the Cooperative
Q: Where does the money the Co-Op receives go?
The Co-Op builds and operates solar equipment on local rooftops. It receives payments & incentives for the green energy it produces
from local, state, and federal sources. It pays expenses for operating the solar array and the cooperative, then pays the remainder to
the members.
Q: Who are the Co-Op’s founding partners?
Sustainable Edmonds, a local grassroots environmental organization, initiated the project. Individuals affiliated with Sustainable
Edmonds incorporated a separate Cooperative to own and operate the solar project.
Q: Who are the Co-Op’s vendors?
The cooperative has contracted with Tangerine Power, a Seattle community energy development firm, to manage the solar program
to completion. The cooperative has also signed a letter of intent with solar dealer/installer Sunergy Systems.
Q: What experience do the Board and Vendors have in the solar industry?
Comment [s19]: 10.5.10 Council Minutes:
Councilmember Plunkett assumed the agreement
with the ownership group would include sufficient
insurance to repair any damage.
Comment [s20]: 1.18.11 Council Minutes:
Councilmember Petso asked Mr. Williams if there
had been discussions regarding how often City staff
would need to visit the roof.
Councilmember Petso asked if the roof would need
to be accessed 2-3 times a year.
Comment [s21]: 10.5.10 Council Minutes:
Councilmember Plunkett asked if the proposal was
7,000 square feet of equipment on the Anderson
Center roof.
Comment [s22]: 1.18.11 Council Minutes:
Councilmember Buckshnis inquired about the
possible obsolescence of the panels at the end of the
9 year period.
Comment [s23]: 1.18.11 Council Minutes:
Councilmember Plunkett asked Mr. Herman’s
experience with installing moderate to large systems.
1.20.11 Email from Councilmember Buckshnis
What experience each of you have (as board
members) in this type of project.
Packet Page 145 of 147
Chris Herman owns a solar design company based in Edmonds. He is a former chair of the state association, Solar Washington, and
has designed homes and solar power systems for 24 years.
Mark Mays works at Outback Power Systems, a solar electrical inverter manufacturer in Arlington, WA.
Carlo Voli is director of the Edmonds Sustainability Center, is a Carbon Masters Program graduate of Washington State University,
and has been using electricity generated by a small solar system on his roof for the last 5 years.
Tangerine Power participated in the development of the Community Solar program at the State level and helped open the program
to participants of all income levels. CEO Stanley Florek is a current board member of Solar Washington and Washington Local Energy
Alliance and an MBA graduate from the Bainbridge Graduate Institute.
Sunergy Systems has installed more solar electric capacity than any other installer in Washington State.
Q: What potential conflicts should be disclosed regarding the Co-Op?
Co-Op board members Chris Herman & Mark Mays are also members of Sustainable Edmonds, the organization that first proposed a
community solar project to the city.
Tangerine Power’s CFO Andrew Boyd has accepted a board seat on the Co-Op to help ensure financial integrity of Co-Op operations
during its startup phase. He abstains from a vote on any decisions where Tangerine Power’s contract is under discussion.
Q: How many people can be in the Co-Op and how are they selected?
Membership is open to any person or organization with an active Snohomish Public Utility District account. The Frances Anderson
Center project has room for up to 750 participants. 14 local citizens and businesses are currently Member-Owners. Currently no
single member may own more than 10 SunSlicestm to ensure this opportunity is available to the widest possible audience. If there is
more demand than supply of SunSlices then slots will be awarded on a first-come/first-served basis.
Comment [s24]: 1.20.11 Email from
Councilmember Buckshnis
Is there any conflict of interest that needs to be
disclosed
Comment [s25]: 10.5.10 Council Minutes:
Councilmember Buckshnis asked how many people
would be in the group and how the group would be
selected.
Councilmember Buckshnis advised she needs further
information regarding… how many people would be
involved
Councilmember Buckshnis asked how members
would be selected if there were 100 desiring to
participate.
Packet Page 146 of 147
AM-3819 Item #: 7.
City Council Meeting
Date: 03/22/2011
Time:15 Minutes
Submitted For:Joe McIalwain, ECA Executive
Director
Submitted By:Stephen Clifton
Department:Community Services
Review
Committee:
Committee
Action:
Type:Information
Information
Subject Title
Edmonds Public Facilities District / Edmonds Center for the Arts Quarterly Report.
Recommendation from Mayor and Staff
Previous Council Action
Narrative
Joe McIalwain, Edmonds Center for the Arts Executive Director, will be attending the March 22, 2011
City Council meeting to provide a quarterly report update.
Form Review
Inbox Reviewed By Date
Final Approval Sandy Chase 03/17/2011 01:06 PM
Form Started By: Stephen Clifton Started On: 03/17/2011 01:00 PM
Final Approval Date: 03/17/2011
Packet Page 147 of 147