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2011.04.05 CC Agenda Packet                 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds APRIL 5, 2011 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-3829 Approval of City Council Meeting Minutes of March 22, 2011.   C. AM-3839 Approval of claim checks #124514 through #124626 dated March 24, 2011 for $637,329.90, and claim checks #124627 through #124758 dated March 31, 2011 for $184,819.96.   D. AM-3831 Acknowledge receipt of Claim for Damages submitted by Claudine LaPierre-MacDonald (amount undetermined).   E. AM-3830 Approval of 2011 Taxicab Operator's License for Yellow Cab of Washington.   F. AM-3822 Approval of a site lease for roof space on the Frances Anderson Center and an Energy Services Agreement with the Edmonds Community Solar Cooperative to facilitate construction of a 75 KW community solar energy system. Authorization for the Mayor to sign these agreements in substantially the same form as presented.   G. AM-3838 Approval of findings regarding the March 15, 2011 closed record review of the Hearing Examiner’s recommendation to approve a fence height variance for PUD (File No. PLN20100070).   H. AM-3837 Ordinance amending the provisions of the Edmonds City Code, Section 3.05.110, related Packet Page 1 of 313 H. AM-3837 Ordinance amending the provisions of the Edmonds City Code, Section 3.05.110, related to transfer authority within the Equipment Rental Fund.   I. AM-3835 Resolution regarding the City of Edmonds participating in First Lady Michelle Obama's "Let's Move!" campaign.   3. (5 Minutes) AM-3827 Report on New Energy Cities Action Plan.   4. (10 Minutes) AM-3809 Public hearing to surplus utility assets.   5.Audience Comments  (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   6. (15 Minutes) AM-3833 Review and approval of the Agreement for Legal Representation of Indigent Defendants.   7. (20 Minutes) AM-3824 Request for authorization to advertise/issue Request for Proposal (RFP) for a Strategic Plan.   8. (15 Minutes) AM-3840 Proposed Interim Zoning Ordinance related to the BN Zone.   9. (45 Minutes) AM-3828 Discussion of Levy Options.   10. (5 Minutes) Mayor's Comments   11. (15 Minutes) Council Comments   ADJOURN   Packet Page 2 of 313 AM-3829   Item #: 2. B. City Council Meeting Date: 04/05/2011 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 22, 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 03-22-11 Draft City Council Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 03/30/2011 12:45 PM Final Approval Sandy Chase 03/30/2011 12:47 PM Form Started By: Sandy Chase Started On: 03/30/2011 12:24 PM Final Approval Date: 03/30/2011  Packet Page 3 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES March 22, 2011 At 6:00 p.m., Mayor Cooper announced that the City Council would meet in executive session regarding potential litigation. He stated that the executive session was scheduled to last approximately one hour and would be held in the Police Training Room, located in the Public Safety Complex. Elected officials present at the executive session were: Mayor Cooper, and Councilmembers Peterson, Plunkett, Fraley- Monillas, Buckshnis, Petso Wilson and Bernheim. Others present were Phil Williams, Public Works Director; Rob English, City Engineer; Jaime Hawkins, Capital Projects Manager; Carrie Hite, Parks and Recreation Director; Rich Lindsay, Parks Manager; Jeff Taraday, City Attorney; Sharon Cates, Attorney, Lighthouse Law Group; Geoff Bridgman, Attorney, Ogden Murphy Wallace; and City Clerk Sandy Chase. At 6:58 p.m. Ms. Chase announced to the public present in the Council Chambers that an additional 15 minutes would be required in executive session. The executive session concluded at 7:13 p.m. The regular City Council meeting was called to order at 7:20 p.m. by Mayor Cooper in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Mike Cooper, Mayor Strom Peterson, Council President Steve Bernheim, Councilmember D. J. Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Peter Gibson, Student Representative STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Frances Chapin, Cultural Services Manager Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA Council President Peterson requested the T. E. Briggs Settlement Agreement be added to the agenda following the Consent Agenda. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2A. CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL Packet Page 4 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 2 B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 15, 2011. C. 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. YOST POOL AWARD OF BID FOR REPAIRS. 2B. T.E. BRIGGS SETTLEMENT AGREEMENT Councilmember Bernheim advised he would abstain from the vote due to a conflict of interest. Mayor Cooper relayed staff’s recommendation that the Council accept the mediator’s proposed settlement. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ACCEPT THE MEDIATOR’S PROPOSED SETTLEMENT. Councilmember Wilson explained this is a $95,000 settlement; $95,000 the City had not planned to spend. He noted the Council also spent $185,000 on another settlement a few weeks ago. In his opinion, it seemed the City was getting hit a lot. MOTION CARRIED (6-0-1), COUNCILMEMBER BERNHEIM ABSTAINING. 3. COMMUNITY SERVICE ANNOUNCEMENT: INTRODUCTION OF NEW EDMONDS COMMUNITY COLLEGE PRESIDENT JEAN HERNANDEZ. Community Services/Economic Development Director Stephen Clifton explained Dr. Hernandez was named President of Edmonds Community College January 1, 2011. Dr. Hernandez has nearly 30 years experience in higher education. She 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, she 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. Dr. Hernandez began her community college career at Shoreline Community College as a multicultural studies teacher and 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 has worked in university environment in the areas of human resources, admissions, and career services. Dr. 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. Edmonds Community College President Jean Hernandez recognized the amazing job done by former President Jack Oharah and her hope that she could take the College to the next level. She introduced Trustee Board Member Dick Van Hollenbeke, a former Edmonds Councilmember who also served 10 years on the Edmonds Community College Foundation and is in his fifth year on the Board of Trustees. Packet Page 5 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 3 Dr. Hernandez provided several facts regarding Edmonds Community College (ECC): • Served over 20,000 unduplicated students over the last year • Average student age 29 • Diverse student population including students of color, veterans, homeless and learning English as a second language • 42% of students who earn a bachelor’s degree transfer from a community college • 14% of students already have a bachelor’s degree • 48% work either part or full time • 31% care for children or dependents Dr. Hernandez referred to the misconception that students do not receive as good an education at a community college compared to a university environment; in her experience students receive a better education in a community college setting because they are in smaller classrooms, engaged with faculty and have the opportunity to develop strong skills and build self esteem. Dr. Hernandez described ECC’s job creation efforts that include 27 professional/technical programs, worker retraining program, and receipt of $645,000 in financial aid to assist those students. ECC is proud of their entrepreneurial culture; for example the Washington Aerospace Training and Research Center at Paine Field that opened last year has served over 70 students, grant writing and contract employment, and their allied healthcare program that started in 2002. She explained developing a new program at a community college requires a formal application process to the State board to prevent competition with other communities colleges in the area. The allied healthcare program offers 10 certificates that include nursing assistant, pharmacy technician, phlebotomy, LPN, etc. ECC has received a number of National Science Foundation grants and considers themselves a hub for science and math. The NSF funds are used to develop math curriculum, expand the materials science program, and to continue math, technology, engineering, science programs with high schools. Dr. Hernandez described ECC’s online learning, explaining that approximately 25% of students take online courses and often earn better grades due to the ability to work at their convenience. ECC’s online enrollment is second only to Bellevue College in the Washington in offering online courses. Bellevue serves 10,000 student FTEs; ECC serves approximately 6700 FTEs. Dr. Hernandez explained ECC is very committed to being green and take great pride in the ESCO grants they have received that allowed replacement of equipment. The changes the grant funded will save approximately $1 million in energy costs over the next ten years. Edmonds Community College’s most recent building, Meadowdale Hall, was certified LEED Silver. With their energy management program and construction program, Edmonds Community College will continue teaching students to be green. ECC serves approximately 1600 international students. The international program helps the College in many ways, including adding $2 million to the general budget and allows the College to offer more classes. Approximately 150 students will tutor international students and interact with them, developing friendships and possibly traveling abroad in the future. Approximately $9 million is brought into the community by international students via room/board, shopping, entertainment, etc. She noted a number of ECC students also travel abroad and a faculty member recently took a group of students to Vietnam. She invited Councilmembers to subscribe to the College’s monthly newsletter at www.edcc.edu/update. She provided Edmonds Community College’s contact information: 425-650-1459 or www.edcc.edu. Dr. Hernandez’ vision for the college is to work closely with industry and she hoped this summer to develop employer roundtables to learn of employers’ needs to assist with building new curriculum as well Packet Page 6 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 4 as to partner with industry. She was also interested in continued outreach regarding the programs offered at ECC. Councilmember Buckshnis asked why Edmonds Community College is a magnet for international students. Dr. Hernandez answered one of the reasons international students choose ECC is the residence halls as well as the strong partnerships on the campus with Central Washington University and partnerships that have begun with University of Phoenix and City University. Those partnerships allow international students to start at the community college and pay lower tuition and transfer to a 4-year program. Councilmember Wilson explained he used to teach at Edmonds, Shoreline, Bellevue and Green River Community Colleges as well as the former Henry Cogswell College in Everett. He commended the Edmonds Community College staff members who were very helpful and a tremendous resource. Councilmember Petso pointed out the availability of the Running Start Program that her high school-aged son participated in during the last two years. He will graduate from Edmonds-Woodway High School and Edmonds Community College this spring. Dr. Hernandez explained the College serves about 650 Running Start students per year. Mayor Cooper congratulated the College on their role in the community, educating and preparing people for the workforce, particularly the Aerospace Training Center at Paine Field. The work being done by Edmonds and Everett Community Colleges in partnership with the aerospace industry is preparing the workforce so that this area can continue to build tankers and other aircraft at Paine Field instead of in another country or state. 4. JOINT MEETING WITH SNOHOMISH COUNTY FIRE DISTRICT 1 COMMISSIONERS. Snohomish County Fire District #1 Commissioners present: David Chan (Chairman), Richard Schrock, Bob Meador, and Jim Kenney. Mayor Cooper explained the City’s contract with Fire District 1 (FD1) requires an annual joint meeting be held prior to April 1. Commission Chair David Chan expressed his appreciation for the opportunity to meet with the Council. The past year has been a good experience for FD1. Not only was FD1 able to join forces with Edmonds, Edmonds’ staff brought a great deal of talent to FD1. He referred to efforts to strengthen service to Edmonds including the after-the-fire neighborhood meetings such as the one held early this year following a fatal fire in Edmonds, training offered by FD1, and the new technical rescue unit housed at Fire Station 16. Commissioner Jim Kenny commented the transition has gone well. He hoped to hear Councilmembers’ thoughts regarding the transition Commissioner Bob Meador thanked the City for the staff they transferred to FD1, noting they had added a great deal of experience to FD1’s staff. Commissioner Richard Schrock recognized the fine workforce transferred from Edmonds who made an outstanding addition to FD1’s workforce. The former Edmonds personnel seemed to be happy with the transition. Mayor Cooper advised the contract also requires the Fire Chief to provide an annual Report. Fire Chief Ed Widdis presented his annual report, advising they prepare an annual report for the entire district as Packet Page 7 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 5 well as Brier and Mountlake Terrace. He reviewed operations including responses in Edmonds 2006-2010 and calls by type. He noted the number of calls was down in 2010 from 2009 but that figure often fluctuates. He commented on the new equipment including a technical rescue unit that was partially funded by a federal grant. The unit was ordered a year ago and when it arrived, staff evaluated FD1, Brier, Mountlake Terrace and Edmonds and determined the appropriate location was Fire Station 16 because it can reach the entire area FD1 covers and there are more rescue calls in that area due in part to the proximity to the water. FD1 also purchased an air, light and rehabilitation unit that is equipped with an air compressor, power plant and other equipment to provide support on a fire scene. The air, light and rehabilitation unit is housed at Station 10 at 156th & Hwy. 99. Chief Widdis commented on FD1’s fire prevention efforts. FD1 held two Smoke Alarm Saturday events in Edmonds in 2010 where they go door-to-door and replace batteries and install new smoke alarms as needed. He referred to the Fire Marshal’s report regarding inspections and fire investigations. He advised FD1 instituted bike medics again who rode in Edmonds 4th of July parade. He also commented on FD1’s community outreach and public education efforts such as fire station tours, car seat safety checks, and after-the-fire neighborhood meetings. He commented on the FD1 Honor Guard that participates in community events. Chief Widdis provided training highlights, explaining the FD1 headquarters station at 128th & I-5 has a 4- story tower that is used for smoke exercises. Other training includes hazardous materials decontamination and multiple-casualty incidents. FD1 took in the members of Edmonds’ volunteer program a year prior to consolidation as well as volunteers from Lynnwood and other cities who have discontinued their volunteer programs. Volunteers work in support functions, such as staffing the air, light and rehabilitation unit. Assistant Fire Chief Mark Correira explained the contract for service requires FD1 provide the annual (RCW) 35.103 Report, the Response Time Standards Report. The Council adopted standards in 2006. 1. Turnout time for all emergency incidents Standard: 2:45 minutes/seconds Actual 2010: Standard met with a turnout time of 2:31 minutes/seconds 2A. Response time of the first-arriving Engine Company to a fire suppression incident Standard: 6:30 minutes/seconds Actual 2010: Standard not met with 6:31 minutes/seconds of response time 2B. Response time for the deployment of full first-alarm assignment to a residential fire suppression incident Standard: 7:45 minutes/seconds Actual 2010: Standard not met with full deployment response time of 10:10* minutes/seconds. (*total of eight incidents) 2C. Response time for the deployment of full first-alarm assignment to a commercial fire suppression incident Standard: 9 minutes Actual 2010: Standard met with 08:41* minutes/seconds of response time. (* total of two incidents) 3. Response time of the first-arriving unit with a first responder (BLS) or higher level capability to an emergency medical incident Standard: 5:15 minutes/seconds Actual 2010: Standard met with 5:14 minutes/seconds of response time Packet Page 8 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 6 4. Response time for the arrival of an advanced life support (two Paramedics) unit to an emergency medical incident Standard: 6:45 minutes/seconds Actual 2010: Standard exceeded by 3 seconds or 6:48 minutes/seconds of response time 5A1. Response time of the first-arriving apparatus with appropriately trained and equipped Hazardous Materials Operations level personnel onboard to a hazardous materials incident. Standard: 6:30 minutes/seconds Actual 2010: Standard met with 2:46* minutes/seconds of response time. (*one reportable call) 5A2. Response time of the first-arriving apparatus with appropriately trained and equipped Hazardous Materials Technician level personnel onboard to a hazardous materials incident. Standard: 12 minutes Actual 2010: No reportable incidents 5B1. Response time of the first-arriving apparatus with appropriately trained and equipped Technical Rescue Operations level personnel on board to a technical rescue incident. Standard: 6:30 minutes/seconds Actual 2010: Standard met with 4:44* minutes/seconds of response time (*total of three incidents) 5B2. Response time of the first-arriving apparatus with appropriately trained and equipped Technical Rescue Technician level personnel on board to a technical rescue incident. Standard: 12 minutes Actual 2010: No reportable incidents 6. Response time of the first-arriving apparatus with appropriately trained and equipped Marine Rescue and Firefighting personnel on board to a marine incident. Standard: 6:30 minutes/seconds Actual 2010: Standard met with 4:44 minutes/seconds of response time. Assistant Chief Correira highlighted the Council-adopted standards that were not met: 2A. Response time off the first-arriving Engine Company to a fire suppression incident. Established: 6:30 minutes/seconds Actual: 6:31 minutes/seconds 2B. Response time for the deployment of full first-alarm assignment to a residential fire suppression incident Established: 7:45 minutes/seconds Actual: 10:10 minutes/seconds 4. Response time for the arrival of an advanced life support (two Paramedics) unit to emergency medical incident Established: 6:46 minutes/seconds Actual: 6:48 minutes/seconds Assistant Chief Correira explained the predictable consequences are difficult to determine because the times are so close. Corrective actions for the standards include: • Continue to pursue single-district regionalization as it provides more flexibility with deployment models and may realize more shared resources. With contract for service, deployment options are somewhat limited. A group at FD1 is considering this. • Work more closely with automatic aid partners as they make up the three-plus additional members needed to be assembled on the residential fire ground. • Continue to pursue technology options that may expedite response. The new CAD system is expected to improve response times within the next 1-2 years. Packet Page 9 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 7 Councilmember Wilson explained when he first joined the Council, 5 minutes was the national standard. Then Fire Chief Tomberg said that may be an acceptable response time but Edmonds adopted more realistic standards given funding, topography and station allocation. He was heartened to see that the EMS response was approximately at the 5 minute national standard but was concerned that 2B, residential fire response time, does not meet the standard and is significantly above 5 minutes. Recognizing that the City’s contract with FD1 states the City will need to pay if any of the response times are lowered, he asked whether the adopted standards were appropriate with a more regionalized approach to deployment. If the standards are not comparable to standards for the rest of FD1, what changes are recommended such as a new fire station location. Assistant Chief Correira commented this is a 1-year picture of compliance with standards; there are 4 other years that are compared to. Since Edmonds joined FD1, responses are done in the same way; the medic unit is still at Fire Station 17 and units are cross staffed (aid calls utilize the aid unit and fire calls utilize the fire engine). He noted times have fluctuated over the last four years. There are few structure fires and the district relies on automatic aid partners for such incidents. He referred to 2B, advising staff does not wait until all 15 people are on fire ground; the first arriving unit begins tasks such as walking around the building, rescuing anyone trapped inside, etc. The numbers are used as a guideline and they are an important measurement tool. Although the time in 2B appears to be significantly outside the norm, the last unit arriving is from an automatic aid partner such as Lynnwood and their arrival time cannot be guaranteed. Assistant Chief Correira explained one of the challenges is that the busiest area, 212th near the Public Works building where there are nursing homes, skilled nursing facilities and a medical clinic, is the furthest for all stations in Edmonds. When responding to that area, geography is the biggest enemy. Unless a fire station is relocated to that area, it is unlikely the response times will change dramatically. There are other options such as when FD1 has an extremely busy station, they dedicate the units such as a staffed fire engine or ladder truck supported by a transport EMS unit. When they do that it improves response times for fire events because the unit is available and not out of service at the hospital. There is a joint labor/management group, the Service Delivery Group, who are looking at ways to improve service, from deployment to ways to better utilize resources. Another challenge is that via the Interlocal Agreements, each cities’ Fire Department is operated the way that the city operated the Fire Department. Councilmember Wilson invited Chief Widdis or Assistant Chief Correira to offer suggested updates to the standards at the May 10 Public Safety & Human Resources Committee meeting, specifically 2B. If that standard is only met when Lynnwood arrives, he suggested a different standard that is not the full contingent on site but perhaps the first half of the contingent so that success can be measured based on FD1 and not another agency. Assistant Chief Correira agreed, advising the Strategic Planning Group is considering additional benchmarks such as the time to reach the patient’s side, how fast water is put on a fire, amount of time spent on scene at certain calls, how fast units get back in service, etc. Commissioner Meador commented on “EMS creep,” explaining EMS calls continue to rise at a faster rate than fire incidents. By cross-staffing fire companies, the consequence is longer response times or out of service times. He expected time would continue to be a problem and likely would not improve with staffing of 3-person companies and cross-staffing. There may need to be changes in staffing and they will approach the City with that recommendation when it is appropriate. Councilmember Petso commented shortly after FD1 took over Edmonds service, there was a call to her neighborhood near the Shoreline border which admittedly is geographically challenged. She followed up on the response time because it seemed they heard sirens for hours and there was concern that emergency personnel got lost on the way. She discovered the responding station to her neighborhood is not the geographically closest station, Esperance, but the downtown fire station. The downtown fire station was out so the response was from the fire station on 196th which explained the extended response time. She asked whether FD1 had the ability to enter into an agreement with Shoreline to improve response time. Packet Page 10 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 8 Assistant Chief Correira responded one of the challenges is technology; when a 911 call comes in, the address appears, dispatch enters the information and the units identified. The two dispatch agencies in Snohomish County, SNOCOM and SNOPAC, have the ability to send the call to the appropriate dispatch agency, reducing the transition time. A 1-2 minute delay was built in between King and Snohomish County because there is paging notification followed by a phone call. The new CAD system should have improved interoperability; King County will be using the same CAD system, allowing the call to be transferred more quickly. When he researched that call, he learned everyone in the fire station had been working in Edmonds for a long time and knew how to reach that neighborhood. Councilmember Fraley-Monillas inquired about current staffing, 3 firefighters per station. Assistant Chief Correira advised that was the current staffing other that at the 196th fire station that has a Battalion Chief and the downtown fire station that has three firefighters-EMTs and two additional paramedic-firefighters. Councilmember Fraley-Monillas asked whether the Edmonds Fire Department had those same staffing levels. Assistant Chief Correira answered the staffing levels and deployment models are the same. Councilmember Fraley-Monillas referred to Standard 2B where the standard is 7:45 minutes/seconds and the actual is 10:10 minutes/seconds, noting that was for the deployment of the full response. According to Standard 2A, the first fire engine arrives within 6:31 minutes/seconds. Assistant Chief Correira agreed. Councilmember Fraley-Monillas clarified the first engine arrived in an average of 6:31 minutes/seconds; the full deployment took 10:10 minutes/seconds. Assistant Chief Correira explained the way FD1 responds to a residential structure fire is to send two fire engines, a ladder truck, an aid unit, a medic unit and the Battalion Chief. Response could be delayed depending on what other calls are occurring at the time; the hours of 10:00 a.m. and 6:00 p.m. are very busy regionally particularly in Lynnwood around Christmas. He noted a longer response time for one call could sway the numbers dramatically due to the limited number of calls. Councilmember Fraley-Monillas referred to corrective action and the statement, “Continue to pursue single-district regionalization as it provides more flexibility with deployment models and may realize more shared resources.” She asked whether regionalization would allow personnel to reach Councilmember Petso’s neighborhood faster for example. Assistant Chief Correira responded the biggest challenge with that area is the breakdown of the dispatch center. Reducing the technological issues between Snohomish and King Counties will reduce the response time. That language refers to one regional fire department for Southwest Snohomish County which may provide some opportunity and flexibility to expand footprints. For example, the footprint of Lynnwood’s aid car could be expanded to better serve the region, allowing other resources to be in service. Consideration could also be given to moving the medic unit located at the downtown station closer to Stevens Hospital or other busy grids. Regionalization would essentially provide better service to the public. To Councilmember Petso, Mayor Cooper commented neither of Shoreline’s fire stations are closer than the Esperance or downtown Edmonds station. Response times would likely be much longer due to geography and dispatch delays. He referred to the relationship between Standards 2A and 2B, explaining that even though FD1 was doing a really good job getting the first engine company to the scene, personnel can only perform certain tasks when the first three people arrive on scene. Mayor Cooper asked FD1 staff to explain the difference between turnout time and response time. Assistant Chief Correira explained RCW 35.103 identified specific times and definitions. Dispatch time is from the time a call comes into dispatch, information entered and the button pushed to send units. Turnout time begins when the bell rings at the fire station until wheels begin rolling in route. Response time is drive time from when wheels start rolling to arrival on scene. Other benchmarks being considered are the time it takes to reach the patient’s side or time to get water on a fire. Packet Page 11 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 9 Mayor Cooper asked FD1 to address how long it takes dispatch to answer the call and tone the bells in the fire station and time to get water on the fire after the first engine arrives. Assistant Chief Correira answered SNOCOM does a phenomenal job and have changed the way they do dispatch. Instead of gathering a lot of information from the caller, they now only ask 2-3 questions before deciding which unit to send, reducing dispatch time to 1 minute. The national standard for dispatch time is 1 minute. There is also a national standard for turnout time of 1 minute. FD1 compares itself with a number of agencies such as Bellevue, Seattle, Tacoma; many of them have established a 1 minute turnout time but found they were only meeting it 20-30% of the time. They may decide that standard needs to be revised because it is unrealistic and at some level unsafe because personnel are rushing. With regard to getting water on the fire, Assistant Chief Correira explained there are numerous tasks that must be accomplished first such as tying into the hydrant, pulling hose to the front door, the company officer walking around the building to assess the incident. Edmonds added a Battalion Chief to the 2 in/2out to provide that functionality while waiting for additional resources to arrive. Once there are enough people on the fire ground, personnel can enter the building, find the fire, locate any people and put out the fire. Depending on how long it takes for the second unit to arrive, the time to get water on the fire is upwards of 3-5 minutes. Chief Widdis explained when the agreement with Edmonds was negotiated, it was agreed to keep everything the same at least for the first year. He referred to the memo in the Annual Report regarding EMS Transport Billings and Collections. Student Representative Gibson referred to Chief Widdis’ comment that it was agreed not to change anything for the first year and asked if there were plans to make any changes in the future. Chief Widdis answered discussions are occurring with a deployment group. Within the district, there is a transport unit with two EMTs that transports patients, freeing up the other crews. For example, the medic unit was removed from Station 10; the engine has all the capabilities and equipment; they respond to the scene, the next unit does the transport and the crew is back in service. There is a 2-person medic unit and EMTs elsewhere, consideration is being given to whether it would be better to have medics everywhere and a 2- person EMT unit that does all the transports. Councilmember Wilson referred to Appendix B, Transport Billings and Collections for 2010, asking whether Esperance was withdrawn from the amount billed in 2010. FD1 Finance Director Kathleen Junglov responded the number for 2009 was the amount billed by the City of Edmonds. The number for 2010 does not include Esperance which was included in billings for FD1. Councilmember Petso referred to Transport Billings and Collections, noting billings are $1.4 million but collections are only $869,000. She asked about the difference and whether the City could always expect to collect that low a percentage. Ms. Junglov answered many of the transports are billed to Medicare and DSHS; Medicare does not reimburse at the full rate. For example, if Medicare is billed $800 for an ALS2 transport; they are currently paying $583. The City could always expect to have a fair amount that was not collected. Councilmember Petso commented the percentage that was missing was greater than the disparity caused by Medicare reimbursement. She asked if there were other explanations for low receipts. Ms. Junglov answered the balance that is not paid by insurance or Medicare or a resident without insurance who cannot afford to pay is not pursued by collections and considered to be paid by the EMS levy. To the question of the advantage of a larger organization/regionalization, Commissioner Meador answered it was a more efficient use of staff. Regionalization is better in that respect. Packet Page 12 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 10 When considering the deployment policy, Mayor Cooper asked whether consideration was given to where personnel were stationed within the boundaries of the FD1 and all contract cities. Chief Widdis explained in 2004-2005, FD1 hired a consultant who modeled the SNOCOM area. That information was used to identify fire station locations and stations have been remodeled, replaced or sited based on that model. With regard to a larger organization, one of the problems with the response time in Standard 2B is the time for the last engine to arrive. Under regionalization, resources can be better controlled. For example the agency would know what stations are out for a drill/training and provide backup staff for that station. Councilmember Wilson commended the Commission for hiring good staff; Chief Widdis has been a pleasure to work with and has provided whatever information he has requested. In October the Public Safety Committee hosted a public session regarding what regionalization could look like. He asked Commissioners their thoughts about timing of a Regional Fire Authority (RFA). Commissioner Chan answered the Commission is sensitive to Edmonds needs; at the last RFA meeting there was a comment that joining an RFA would allow more control. He explained under the current contract FD1 responds to cities more quickly. The Commission wants to ensure all cities, agencies and citizens are well represented in the RFA discussions. Commissioner Kenny relayed the Board’s support for moving forward expeditiously with a RFA and looked forward to working with Edmonds and the other cities. There are a lot of details and issues to resolve and how quickly it can happen is unknown. The current monthly meeting schedule will result in a longer process. It will be important after an initial interim period for the entities that are serious about moving forward to be on board and began taking action to move toward a RFA. Commissioner Schrock explained he chairs FD1’s planning committee. A RFA is one of 3-4 ways to regionalize. Edmonds joining FD1 is actually regionalization. The benefits of regionalization are better service delivery. A RFA may be a way to expand regionalization and it makes sense only if the public is better served, if service can be delivered better, faster and more efficiently. Other methods include annexation, revising the terms of the contract, etc. He summarized FD1 was open to anything that improved service. Councilmember Buckshnis agreed Chief Widdis has been very helpful. She commented typically regionalization resulted in economies of scale and reduced costs. Regionalization actually increases the taxpayers’ cost versus the current structure. She asked why regionalization would not spread costs throughout all jurisdictions, saving taxpayers money. Chief Widdis answered FD1 pays for everything including vehicle replacement, building fund, etc. The City’s contract cost does not include station replacement, SNOCOM, SERS, etc. Another issue is the assessed value per square mile; land values are considerably less in unincorporated Snohomish County and growth is occurring at a rapid rate compared to Edmonds. One of the advantages of a RFA is taxes are be collected in the same manner. Commissioner Chan asked what the Council thought about a RFA. Council President Peterson echoed previous comments about FD1 staff. After attending the RFA meetings, he was excited about the idea particularly if it provided better service. He was excited about Edmonds being involved early in the process. He thanked Councilmember Wilson and Mayor Cooper for spearheading the RFA effort. He summarized this is a great opportunity for cities to discuss solutions. Fire costs are not going down and regionalization may provide a way to maximize dollars as well as maximize public safety. Mayor Cooper explained the Council expressed its interest in a RFA by passing a resolution and appointing three people to represent the City on the RFA Planning Committee. The first goal is continue to provide the highest possible level of service in the most effective manner and give the taxpayers the best deal possible. He cautioned it was important not to approach a RFA from the point of saving money but as a way of providing the best level of service. The ultimate decision will be made by the voters. It is important for the Committee to look at all options to determine whether the RFA model is the best fit and Packet Page 13 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 11 whether Lynnwood, Mukilteo and Mill Creek belong in that model. He was hopeful that in six months the interested parties would be identified. Kent took 18-24 months to put a RFA on the ballot; Kitsap County met for 2 years and did not put a RFA on the ballot. Mayor Cooper declared a brief recess. 5. AUDIENCE COMMENTS Don Hall, Edmonds, referred to the report submitted by attorney John Chun regarding his investigation of the complaint by Lorenzo Hines against Councilmembers Plunkett and Buckshnis. The conclusion states, “granted certain communications and comments at issue may be construed as rude or uncivil and such conduct may violate a city employment policy if committed by an employee but as Councilmembers are not employees, this was not investigated.” Mr. Hall expressed concern that Councilmembers are not subject to the conduct code for city employees and are not considered employees of the City, yet they receive W-2s, employee health benefits, retirement, much like a City employee. He and others are tired of elected officials playing by different rules and regulations. He noted this is not the first time a Councilmember has been treated differently, citing the removal of signs on Sunset Avenue by Councilmember Bernheim. He envisioned the outcome of that incident would have been much different if that action been taken by a citizen. He cited the nation-wide movement to stop elected officials from being treated differently or having special privileges. The taxpayers are elected officials’ employers and every four years they have an opportunity to fire them. As Councilmembers’ employer, citizens expect the highest standards from Councilmember and in his opinion, the three aforementioned Councilmembers have not lived up to those expectations. Todd Cloutier, Edmonds, referred to Agenda Item 6, emphasizing solar power does work in Edmonds as one Councilmember who has solar panels can attest. The City does not need another small demonstration project as proposed by some; there are already small demonstration projects such as the demonstration arrays at the Snohomish County PUD facility. The Frances Anderson Center is a historic site; the Historic Preservation Commission reviewed the proposal and overwhelmingly endorsed putting solar arrays on the building. It is time to stop talking about solar like it is some future technology and start generating clean power with made in Washington components. Having the array at the Anderson Center is a statement of where Edmonds stands. Edmonds is a quaint little town that wants to stay that way but is also a regional leader in planning for sustainability. Unlike any other nearby city, Edmonds’ Comprehensive Plan has a sustainability element that emphasizes sustainable energy sources and energy efficiency as goals. The Anderson Center is undergoing significant upgrades for efficiency; co-locating a solar array would only highlight that great work and help keep the building operational and efficient for a longer period of time. The City is also a signatory to an international agreement regarding sustainability and pledged to reduce greenhouse gas emissions to 1990 levels by 2020. A key part of reaching that goal is local generation of clean power to replace coal power and this project is clearly aligned with the stated goal and plans. Numerous children visit the Anderson Center and a solar array is a clear statement to them of the City’s commitment to honor its promises, keep its eye on the past and plan for the future. Al Rutledge, Edmonds, referred to Fire District 1’s report, pointing out FD1 may have a rate increase in 2013. Next, he referred to his comments at the last Council meeting regarding earthquakes and a City report that Public Works Director Phil Williams indicated will be updated. He suggested the updated report be distributed to all residents. He referred to last week’s closed record review of the Hearing Examiner’s recommendation, explaining the Hearing Examiner summarizes the comments made at the hearing. Roger Hertrich, Edmonds, referred to Agenda Item 6, pointing out the City will only receive $249/year for 10 years in exchange for the use of the roof at the Anderson Center. The savings are $31,000 for 10 years or approximately $3,000/year with full subscription. He questioned the percentage that represented Packet Page 14 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 12 of the City’s total energy usage and if it was enough money to make the project worthwhile. He commented the $249/year lease was selected to avoid the 12% leasehold excise tax. With regard to signs, he questioned whether the Architectural Design Board would review signs. With regard to trees, he noted 6 feet would be removed from a tree located 10 feet from the building, 4 feet would be removed from a tree 4 feet from the building, and 3 other trees 17 feet from the building need to be maintained at their current height. He pointed out there was no species listed or any requirement for an arborist report. He questioned if the City or the Co-op would be responsible for repaying the tax credits and the grants if the project failed. If the project is shut down for a period of 48 hours, the City must reimburse for lost income. He was also concerned with locating equipment on the roof of a City building for ten years with such a small payback and obligating the citizens for that length of time. He summarized the liability was too great when compared to the small payback. John Dewhirst, Edmonds, referred to Agenda Item 6, explaining it was reviewed by the Historic Preservation Committee at the Council’s request and they were very enthusiastic about the proposal. It will not harm the historic aspect of the building. He encouraged the City Council to approve the project. Robert Freeman, Edmonds, referred to Agenda Item 6, commenting many people appreciate Edmonds’ quaint beauty. The solar project will do nothing to destroy Edmonds’ beautiful quaintness and will take Edmonds in the direction of 21st century technology which may also attract visitors. He urged the Council to vote in favor of the solar project. 6. CONSIDERATION AND APPROVAL OF A SITE LEASE FOR ROOF SPACE ON THE FRANCES ANDERSON CENTER AND AN ENERGY SERVICES AGREEMENT WITH THE EDMONDS COMMUNITY SOLAR COOPERATIVE TO FACILITATE THE CONSTRUCTION AND OPERATION OF A COMMUNITY SOLAR PROJECT. Public Works Director Phil Williams explained this project was first presented to the Council in October 2010 to determine if the Council wanted to explore the idea of a community solar project at the Frances Anderson Center (FAC). After receiving a fairly enthusiastic response from the Council and direction to further develop the idea, staff returned in January 2011 with draft agreements. There are two major agreements between the City and Edmonds Community Solar Cooperative who is the sponsor of the project. First, the Site Lease where the City will lease at least five identified roof spaces on the lower flat area of the FAC roof where 18 inverters and up to 375 panels could be erected in modules as investment money is available and hopefully reaching the full size project as quickly as possible. He noted there are no major roof penetrations; the ballasted panels will sit on the roof. The second agreement, also with a 10 year term, is an Energy Services Agreement where the City is a customer of the new solar facility, buying the electrical power it generates for use at the FAC. The City will pay a discounted rate for that power; the City currently pays 8 cents/KWh; the power from the solar project would start at 5 cents/KWh. That price will escalate at 3%/year over the 10 year period, another benefit to the City. That 3%/year escalation is expected to be noticeably less than increases by the local utility over that 10 year period. As a result the $31,800 estimated savings to the City in power costs over the ten years is likely to be higher. Mr. Williams acknowledged the lease payment was not a great deal of money but that was not the focus of the lease agreement. He agreed with Mr. Cloutier’s comments regarding the benefits of the project that cannot be measured monetarily and said that is one of the primary reasons staff recommends approving the agreements. Mr. Williams acknowledged not all the issues have been resolved and cannot be resolved until the project is designed. Once the Council approves the Site lease and the Energy Service Agreement, the Cooperative will know they have a home for the project and can justify spending the considerable amount of money necessary to prepare a detailed design. It would be ill-advised to spend a great deal on a project before a site lease was secured. Packet Page 15 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 13 He introduced Stanley Florek, Tangerine Power, who represents the Cooperative and will be assisting them with the project. He also introduced Chris Herman, Mark Mayes, and Carlo Voli, Sustainable Edmonds and Edmonds Community Solar Co-op. He noted there were several other members of Sustainable Edmonds and/or the Solar Co-op in the audience. Mr. Florek displayed a rendering of the 375 panels on the south and southwest facing roofs of the FAC, noting the rendering did not account for roof obstructions. If there are roof obstructions, it is their preference to use this space and not other wings of the FAC which may result in a slightly smaller system. Mr. Florek explained 3 out of 4 Board Members of the Solar Co-op live in the Edmonds community and are the ones who brought Tangerine Power to the table; Tangerine serves at their direction and the Board serves at the direction of and has fiduciary responsibility to the cooperative members. He identified members of the Co-op in the audience. He displayed a photograph of a young child, noting that was what he cared about. He also displayed a photograph of the nuclear plants damaged in Japan’s earthquake and pollutants entering the atmosphere. He reviewed the benefit of the solar project to Edmonds: • The City saves 30% on electricity generated by the solar power system. There is no initial cost to the City; the capital investment is borne by the Co-op. He provided a graph of the 3%/year increase versus the anticipated 5%/year utility increase and the 30% initial discount. • The equipment has been tested to last up to 60 years and there are options after the ten year period that allow the City to purchase the equipment at a significantly discounted rate or simply receive the system with a nominal transfer fee. • The City receives a $249/annual lease payment • There are no maintenance or operating costs. Insurance will cover damage to the FAC as well as any injuries resulting from the presence of the equipment, likely more coverage than the current rooftop warranty. With regard to who else has done a community solar project, Mr. Florek advised there are three completed solar projects in Washington located in Ellensburg, Winthrop and Poulsbo. In addition, projects are in the works in Seattle and Whidbey Island; and Bainbridge Island, Bellevue and Bellingham are considering rooftop leases. Mr. Florek reviewed milestones since the last presentation to the Council: • Efficient contract discussions with Mr. Williams, Parks & Recreation Director Carrie Hite and City Attorney Scott Snyder that resulted in the roof lease agreement and Energy Services Agreement • Positive response from the FAC roof contractor and the manufacturer. Steps to be taken were identified and with an inspection, the manufacturer will honor the warranty for the FAC roof. • Positive response from the Historic Preservation Commission on March 10 and hopefully a Certificate of Appropriateness will be granted for the project • Signed a letter of intent with the most experienced solar installer in Washington, Synergy Systems. The CEO/founder is here tonight. Mr. Florek reviewed changes made in response to Council concerns expressed at the January 18 meeting: • Lease agreement: o Cooperative consents to a bond or cash reserve to cover in event of default or removal of the system from FAC and the roof returned to original condition. An estimate of the removal cost will be developed and funds set aside. o In the event of default, the City will either take possession of the equipment and operate it or have it removed based on the above bond/cash reserve. Packet Page 16 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 14 o Construction must begin by October 2011 and end by December 2012 or the contract is terminated. o Added specifics regarding tree trimming to keep the panels unshaded. • Energy Service Agreement: o Removed any monetary penalty or reclamation of federal or state tax credits for early termination. The City is not a party to those tax credits. He requested the system remain in place for the required five years to avoid recapture of taxes. o Cooperative will obtain liability insurance in the amount of $2 million aggregate and $1 million incident and confirmed the potential installer carries the same insurance. o Removed all language regarding a lender as no lender is involved in the project. o Added estimated fair market value buy-out schedule for each of the years through 16 and beyond. Mr. Florek displayed photographs of the following: • Woodland Park Zoo solar system • Shoreline City Hall 20 KW system paid for via stimulus funding • The underside of solar panels that can serve as skylights and overhangs • Poulsbo Middle School • Several street views of FAC as it exists today • Proposed location of the 10 degree solar panels on the FAC roof • Top view of the FAC roof Mr. Florek also provided renderings of the 10 degree solar panels from the south, north and west. He noted one of the photographs of the FAC included power lines; one aspect of solar power is that with appropriate storage technology, power lines could be undergrounded or eliminated. Councilmember Plunkett advised the statement made under Audience Comments that the Historic Preservation Commission (HPC) supported the project was incorrect. The HPC said they were excited about the possibilities and sees no negative effects. The HPC’s approval will be provided via a Certificate of Appropriateness. Councilmember Petso referred to Mr. Florek’s statement that the City’s savings were modeled assuming a 5% annual PUD power increase. Her research of her own PUD bills for the past four years revealed increases of zero, zero, 4%, zero per year. Mr. Florek answered the average national annual increase over the past 30 years according to the Department of Energy is 6%. Mr. Williams advised PUD will have an 8% increase in October. Councilmember Petso referred to modest returns for investors and asked what return investors would receive. Mr. Florek answered this is a break even affair, the Co-op members are interested in more green power and anticipate they will recoup their investment in the 10 year timeframe. Councilmember Petso pointed out the Poulsbo project and State law allows up to $75,000/year return to investors in addition to the 30% federal tax credit. Mr. Florek advised the capital cost of the system is estimated at $750,000 over 10 years. Councilmember Petso observed 1/3 would be federal energy credits so investors would need to contribute $500,000. Mr. Florek advised the 30% rebate is a post construction rebate so the funds will need to be contributed at the beginning of the project. Councilmember Petso advised the Council packet included a hotlink to the Poulsbo project. The return to investors for that project is $250,000 compared with the Poulsbo School District energy savings of $41,000. If Edmonds’ experience is similar, the return is better for the investor than the City. Mr. Florek explained the organizers of the Poulsbo project found 16 high net worth individuals with significant tax burdens who are able to use part of the tax code, accelerated depreciation from the equipment, that the Packet Page 17 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 15 investors on this project do not have access to. There is a limited subset of the population that is able to absorb those credits, typically sheet corporations or high net worth real estate investors. One of the decisions the Co-op made early on was they wanted to make this project accessible to a wide range of the general public. As a result that depreciation benefits is not available to them and that is the major difference between the projects. Councilmember Petso explained when this was first proposed there was a $6,000 net metering credit. Mr. Florek answered that is the full market value of the electricity at current PUD prices. That was suggested by Sustainable Edmonds in October. Between October and December, Sustainable Edmonds contracted with Tangerine to run the numbers and develop the proposal. Tangerine found some unexpected expenses such as property tax which could be up to $12,000 in the first year, sales tax, insurance costs, etc. He explained this project is primarily to produce green energy in Edmonds and to break even. In the conservative budget they have outlined, they cannot afford to give away the entire amount of electricity. Councilmember Petso pointed out in the agreement for the Kitsap School District project on the Poulsbo Middle School, the School District will own the solar array in 2020. She asked if that would be considered for this project. Mr. Florek advised a table of estimated fair market value for the equipment was established. Under his understanding of the law, he could not guarantee the buyout cost in advance. He had a potential difference of opinion based on advice from their legal counsel and viewed the School District’s ownership of the system in 2020 as an aggressive stance. Councilmember Buckshnis thanked Mr. Florek, Mr. Williams and Mr. Herman for meeting with her to answer her questions. She relayed the following questions from citizens in order to get the answer on the record: • Describe the difference between a Co-op and an investor. Mr. Florek explained a cooperative is a democratically governed corporation. Each member buys one regular share and they have one vote for the life of the corporation. For example they could vote to discontinue use of Tangerine Power. In a regular corporation, the number of dollars put into the project determines the number of votes and financial reward. The goal of a co-op is to have each person have a voice in the operation of the corporation. • Would a person have 20 votes if they purchased 20 slices. Mr. Florek answered no, regardless of the amount contributed, all members of the co-op have equal voting rights. The result is a fairly even capital structure where people do not contribute more than they are comfortable giving up. • Was he one of the people lobbying to include co-ops in the Washington State Community Solar Project Investment Cost Recovery Incentive? Mr. Florek answered he was only one and nearly lost at the last minute. Every other participant who designed the program said they would do LLCs which security disclosure laws limit to 20 individuals per project. For a project like this, each person would need to contribute $30,000. He wanted to make the program available to a wider range of the population and cooperatives have special treatment under the law that allow an unlimited number of participants. • Is this a conflict of interest, his helping get the law passed and now helping the Co-op? Mr. Florek answered it is a long term plan for helping more people make their own energy. • Is the reason for a co-op for tax purposes? Mr. Florek answered it is a structure that aligns with the values he would like to see regarding energy development and those resonated with Sustainable Edmonds when they decided to contract with Tangerine. • What happens to the panels when it snows? Mr. Florek answered the panels were designed for off-grid applications. Unlike a lot of panels, they only have two horizontal rails, there is nothing but glass on the top and bottom and as a result snow will slide off, unlike regular framed panels where snow can stick. Packet Page 18 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 16 • With the 3 cents/KWh savings, the City pays 5 cents/KWH rather than 8 cents/KWh. Mr. Florek answered every solar generated KWh the system produces will be provided to the City at the base rate of 5 cents/KWh. Depending on PUD increases, the savings have the potential to increase. • If the City spends $40,000/month for electricity at FAC, with solar generated energy, the City will pay $38,000, a $2,000 savings. Mr. Florek agreed by leasing the solar panels, the City’s power bill will be reduced. Councilmember Buckshnis noted in addition to being a demonstrative project, the City also saves money. • Is the $38,000 sent to Tangerine and distributed to the Co-op? Mr. Florek advised money flows are straight to the Cooperative, the contracts are between the Cooperative and the City; Tangerine is a facilitator of that process. • With $38,000/month, the Co-op will break even in year 2-3. Mr. Williams explained the total power bill for the FAC is $40,000/year not a month. The total savings over 10 years is estimated to be $31,000-$32,000 or $3,000/year off a $40,000/year electric bill. Councilmember Plunkett inquired about the roof warranty. Mr. Williams explained staff has been investigating with the original installer of the roof on the FAC in 2008, Lynch Roofing, who used a product from Soprema. The manufacturer underwrites the warranty on the roof which was originally for 10 years and there are approximately 7 years left on the warranty. There are mechanisms in the two documents that provide guarantees from the Cooperative with regard to the warranty; however, staff also wanted an indication from the manufacturer that installation of the panels would not void the warranty. The manufacturer has provided an outline of what needs to be done in the design phase, installation and inspection that would result in their honoring the warranty. He suggested if the Council chose to approve the document, that caveat be included, that the installation be done such that the warranty is preserved. Councilmember Plunkett asked if the Council was being asked to approve the documents tonight. Mr. Williams answered yes. He explained the manufacturer is very interested in the way the ballasted frames are put on the roof, what accommodation will be made for a pad, etc. if they are going to honor the warranty. The manufacturer also wants to inspect the installation and if it is done correctly in accordance with their guidance, they will honor the roof warranty for the balance of the term. Councilmember Plunkett noted that would be done after the Council approved the agreement. Mr. Williams answered the design did not need to be approved by the Council. He reiterated his suggestion that the Council include a caveat in their approval that the project not proceed until the manufacturer agrees to honor the warranty. He anticipated the City and the sponsors would be involved in the installation details. Councilmember Plunkett observed if the Council approved the agreements tonight, staff will deal with the design and the roof guarantee; it would not come back to the Council. Mr. Williams assured he was committed to not allowing installation unless the warranty was protected. Councilmember Plunkett asked City Attorney Taraday if the contract was one of his tasks. Mr. Taraday answered no, this was one of the transition tasks assigned to Ogden Murphy Wallace. Councilmember Plunkett expressed interest in including bonding in the contract. Mr. Herman explained with the insurance the Co-op will take out, the City will be covered better with the panels than the City is now. The current warranty only covers repairing the roof; it does not cover damage to the building, damage to contents, loss of use, etc. Council President Peterson asked whether the Council had approved final design of the FAC energy retrofits or other technical building improvements. Mr. Williams answered generally not. Council President Peterson asked how much oil from Libya or Iraq the solar panels would need and how much pollution the panels would emit. Mr. Herman answered zero. Council President Peterson commented the Council was getting hung up on the finances; this community solar project goes far beyond the $249 lease payment and the few cent/KWh savings the City will realize. What Sustainable Edmonds and the members of the Co-op have set up via this unique model says a lot about the Edmonds Packet Page 19 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 17 community. They believe Edmonds has enough individuals who will step up and make a statement about the future of the community and the planet and won’t sit back and watch bombs go off on CNN and worry about oil prices or watch pictures of nuclear reactors in Japan. Instead they will rely on proven technologies that work. He urged the Council and the public not to lose sight of the fact that this was not just about dollars and cents. Council President Peterson relayed Councilmember Bernheim asked New Energy Cities to look at this community solar project. At no cost to the City, New Energy Cities contracted with a Portland Company, Blue Tree Strategies, who had no conflict of interest and is one of the most respected solar companies. They reviewed the documents and are very excited about the opportunity. They acknowledge it will be difficult to raise the money but specifically stated the liability to the City is extremely limited. Councilmember Fraley-Monillas agreed with most of Council President Peterson’s comments, but stressed the Council has an obligation to ensure the citizens are protected. She referred to Mr. Hertrich’s comments regarding the trees and the signs. Mr. Herman answered there is one tree on the southwest corner that has been previously trimmed to the level they are requesting. He could not tell the species because it has no leaves, but the trunk is less than 8 inches in diameter and the branches less than an inch in diameter. The other trees that will need to be trimmed 4 feet are also less than 8 inches in diameter with branches less an inch in diameter. If trimming the trees is a problem, they could install the panels on the top center roof rather than starting on the south roof. Parks & Recreation Director Carrie Hite advised Park Manager Rich Lindsay and Arborist Dave Timbrook have been to the site and looked at the trees. These are trees the City continually maintains and trims annually. She assured staff had no concerns with trimming the trees. Councilmember Fraley-Monillas inquired about signs. Mr. Florek answered if the City is interested in providing signage, the contract would allow that to happen. If the City does not want to allow signs, that section can be deleted. Councilmember Fraley-Monillas asked if the Co-op planned to install signage. Mr. Florek answered they had no specific plans for signage but wanted to leave that option open. Mr. Herman advised they would like to put a kiosk inside the FAC that would show the output of the system. Any signage would be educational. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO EXTEND THE MEETING FOR ONE HOUR. MOTION CARRIED UNANIMOUSLY. Councilmember Wilson commented the Council really wants to see a solar project happen but need to figure out the details because there are few other models. He was irritated at the position he has been in and will be for the foreseeable future because of contracts with liability resulting in extra expenditures for the City. Those expenditures eat into his ability to put more cops on the street, ensure parks remain open, etc. His concern was not the 3 cent/KWh savings, his concern was the potential downside liability. He had concerns with a solar covenant but did not want to hinder the Co-op’s ability to make money. He feared the Co-op could say a neighbor across the street could say one of their trees blocked the panels. Mr. Herman said that was not possible, it was too far away. Councilmember Wilson summarized he has 10-12 concerns; they can be addressed by the full Council or in committee. Councilmember Petso asked if the City needed to buy a liability policy or does WCIA already provide coverage. Mr. Williams did not expect the City would purchase a liability policy. Mr. Florek recalled there had been conversations about the City purchasing a liability policy and the answer was just as Mr. Williams indicated. Councilmember Fraley-Monillas asked if the City’s legal counsel had reviewed the contract. Mr. Williams and Mr. Clifton indicated it had. Councilmember Fraley-Monillas asked what changes Councilmember Wilson wanted to make. Councilmember Wilson commented it was good that the Packet Page 20 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 18 contract had been reviewed by the City’s legal counsel but it had not been reviewed by the Council. He referred to page 13 of the Solar Power Service Agreement, Section 7.3 under temporary closure of the premises, that states if for any reason they cannot get power because of something the City does such as accidentally cutting a line or if the power goes out, the City is responsible for covering all their revenue for that period. He commented the FAC is an old building and it is possible there could be an earthquake. Although there is a Force Majeure clause, that clause also states the contract is set aside if there is an earthquake except for the last line that states 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. Councilmember Wilson referred to language regarding limited penetrations in the roof on page 7 of the primary agreement, advising it was his understanding there would be no penetrations in the roof. Even though it has been stated there would be no penetrations, the contract allows for limited penetration. He assumed those were for wires and cables for transmission purposes but feared penetrations would void the roof warranty. Mr. Florek explained one of the issues they became aware of since the last Council meeting is that seismic codes may demand a limited number of penetrations at the end points. Engineers and building inspectors will define those requirements. The language was included recognizing that reality. Councilmember Wilson observed the language was not because they foresee having holes in the roof but because seismic codes may require the language. Mr. Florek answered yes, noting those were the type of diligence issues that an engineering review and solar design process will unearth. Councilmember Wilson advised he could review his 10 or so concerns or raise them in another venue. Mayor Cooper advised that was a policy decision. The contracts presented tonight were negotiated by Mr. Williams and Mr. Snyder based on the Council’s requests the last time the contracts were reviewed. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO AUTHORIZE THE MAYOR TO ENTER INTO THE SITE AGREEMENT AND THE ENERGY SERVICES CONTRACT. Councilmember Bernheim said he wholeheartedly supported Mr. Freeman and Mr. Cloutier’s remarks. As a Councilmember, he was very excited about getting this project off the ground, demonstrating to the community and the rest of the country that there are ways to generate electricity other than nuclear power which is 7% of the Snohomish PUD mix. He was opposed to nuclear power, finding it too dangerous and because of the difficult disposing of the waste. He disagreed with the statement that the return would be better for investors than the City, noting the City’s investment is zero. The City is providing the roof but the roof is otherwise unused. The Co-op members who contribute $1,000 each are the people who deserve the return because they are contributing to the project. Councilmember Bernheim explained he installed solar panels on his garage and they supply about half his electrical needs over the year. The panels cost $25,000 and he did it because he likes not using nuclear power. He also minimizes his use of petroleum power and suggested everyone do what they can to reduce the use of polluting fuels like petrochemicals that cause disease, pollution and war. He noted the damage to the Japanese nuclear reactors is not a one in a million chance; it was caused by an earthquake. Synergy installed his solar panels, they were on budget and on time and everything was done to an extremely high level of confidence. The very kind-hearted, public spirited, generous, intelligent people in the Co-op are saying give us your roof and we will sell you cheaper power than you can buy from PUD. To the concern about voiding the roof warranty, the manufacturer has provided guidance to prevent voiding the warranty. Councilmember Bernheim commented if the City had $750,000 they could do the project themselves. To the comment that no one wants to lose money, he assured the City would not lose money and would benefit by clean energy. To the comment that the citizens’ interest need to be protected, Councilmember Bernheim said a yes vote on the motion was a way to protect the citizens’ interest by showing them solar energy can work. He acknowledged the solar panels did not make a lot of power; at full capacity this Packet Page 21 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 19 project would supply approximately half the annual needs of the FAC. The project will support the solar industry and increasing demand for solar panels will help drive down the cost of production. He preferred to address any concerns with the contract tonight. He supported the contracts as proposed. Councilmember Plunkett agreed with most of Councilmember Bernheim’s comments and appreciated his passion. He doubted there was opposition to the concept but there are concerns with the City’s liability. He noted the City sometimes pays a price for good intentions due to liabilities. He wanted to see the documents regarding the roof warranty, noting the Council was ultimately accountable to the voters. He agreed with Mr. Williams’ suggestion to include language regarding the roof warranty in the contract. He was also interested in the Co-op being bonded. He was interested in resolving the liability issues. He wanted to hear Councilmember Wilson’s concerns before he would be ready to vote on the contract. Council President Peterson referred to the construction deadline, noting this issue has been before the Council a number of times and Mr. Williams and Mr. Snyder, Tangerine put a considerable amount of time into the contract. An outside agency that New Energy Cities contracted stated, “from the city’s side of the deal, the solar energy services agreement and lease appear reasonable and adequate to ensure that no significant out-of-pocket expense is incurred by the city in the event that the cooperative is unable to perform.” The Council can review the contract as seven complete novices to solar contracts or look to staff who has spent countless hours reviewing the contracts, a contractor who has been hired by a group of Edmonds citizens who is a professional or if there is a conspiracy, look to an outside independent agency that is nationally known for solar projects. He agreed the Council needed to do its due diligence but one way of doing that was to rely on professionals. There are an incredible array of professional opinions on this issue and every department director is supportive of this project. With regard to the issue of the roof warranty, Council President Peterson acknowledged it is unknown whether the roof warranty will be honored until the design is complete. The Co-op will not spend the money on design unless they know they have a space for the panels. If the design negates the roof warranty, it will not be approved. By approving the contracts, the Council is not saying the project is 100% go ahead; it gives the Co-op the opportunity to provide a design that answers the Council’s questions. He was flabbergasted that many of the questions had not been raised previously; the contract had been before the Council and there has been ample opportunity to get feedback from staff. Councilmember Wilson expressed concern with the condescending tone of Council President Peterson’s remarks. This is the second time the Council has seen the contracts. The first 75 minutes the Council had the contracts previously was a presentation by Tangerine that could have been provided in writing. There was much of that again tonight. He appreciated the work Tangerine has done. With regard to the review by an outside agency, they do not represent the Council or the community and he will not abdicate his responsibility to an outside group. His concern is not the liability the City would incur if the Co-op did not do their job, he was confident they could do their job. His concern is the liability the City incurs if the City cannot hold up its end of the bargain. He noted the FAC is about to fall down, held together with bailing wire and duct tape. His concern is if the FAC becomes incapacitated in any way, the City has a 10 year revenue liability to the Co-op. This is not about Libya or Japan, he only wanted to limit the potential downside. He would not offer his amendments and would reluctantly vote against the motion even though he agreed 100% in principle. Councilmember Petso commented she was not previously aware of the deadline or the outside opinion and she learned tonight that this project is completely different than the Kitsap County project. She assured there were citizens who will ask why the Kitsap School District gets $2,000/year lease and Edmonds settles for $250 and why Kitsap County will own their solar array at the end of 10 years. She would appreciate time to be educated about information not included in the packet and to consider the new information provided tonight. Packet Page 22 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 20 Councilmember Fraley-Monillas expressed interest in proceeding. She has had an opportunity to review the packet since Friday and has obtained clarity on items she did not understand. She has received numerous telephone calls regarding issues that have now been answered to her satisfaction. She understood Councilmember Wilson’s concern regarding liability and Councilmember Plunkett’s interest in bonding the project. She suggested approving the contracts tonight so that the design can proceed and adding the building liability and bonding to the contract. Council President Peterson apologized if his tone was condescending, commenting it was from a sense of frustration. With regard to the third party review, he noted it was important to have a fresh set of eyes but City staff also supports it and he trusts staff. He supported the Council moving forward tonight, noting many of the concerns would be addressed in final design. If the concerns expressed are not addressed in final design, he had faith staff would either bring it back to Council or work it out with the Co-op. He summarized this is not the final step in the process; it is an important step to get to design and when some of the remaining questions will be answered. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO HAVE THE ISSUES OF LIABILITY OF THE BUILDING TOWARD THE CITY, THE BONDING AND THE ROOF WARRANTY ADDRESSED IN THE FINAL CONTRACT BEFORE IT IS SIGNED BY THE MAYOR. Mayor Cooper referred to bonding and suggested the Council indicate a bond amount. Mr. Williams asked if it was a bond to cover the cost of removing the system from the roof and restoring the roof. Councilmember Plunkett advised that was his intent. Mr. Williams advised that would be a fairly small bond and was largely addressed in the agreement. Councilmember Plunkett asked if the contract referred to a bonding agency or just the willingness for a cash reserve. He was not interested in a cash reserve, and preferred a bond. Mr. Williams advised the contract provided the option of a bond or cash reserve. He noted on construction projects, it is the contractor’s choice whether to put up a bond or a cash reserve. That is the way this agreement is worded. Councilmember Bernheim referred to Alternatives on page 5 of the agreement, reserve for removal, Grantee shall furnish and maintain a cash reserve in the form approved by the grantor for the purpose of covering all costs associated with removal of the facility. He requested that language be included in the contract. Mr. Herman advised they had no problem putting the money anywhere the council wished but they preferred not to pay a bonding company for something that is honestly not going to happen. Councilmember Plunkett commented many of the things that are honestly not going to happen do happen. He referred to a surety bond. He would rely on Mr. Williams, Ogden Murphy Wallace or Lighthouse to tell the Council what is equivalent to a surety bond that provides the greatest protection to the City. Mr. Williams commented cash in an account for a specific purpose that covered the amount at risk was the ultimate protection for the City. Councilmember Buckshnis commented this is a difficult decision for the Council who has had numerous discussions in executive session regarding liability for the City. She was fortunate to spend two hours with Mr. Williams, Mr. Florek and Mr. Herman having her questions answered. She agreed the City’s liability could be considered during the design. THE VOTE ON THE AMENDMENT CARRIED (5-2), COUNCILMEMBERS PLUNKETT AND WILSON VOTING NO. Mr. Taraday clarified the motion was to authorize the Mayor to approve the contract after further review by legal counsel and staff. Issues to be addressed include, 1) the roof warranty, 2) the bond/escrow/money set aside and 3) Councilmember Wilson’s concern about liability for making payments for an extended Packet Page 23 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 21 period of time if something happened to the building. Councilmember Fraley-Monillas advised that was the intent of her amendment. Councilmember Plunkett asked if the intent of the main motion was for the revised contract to be returned to the Council. Mayor Cooper advised that was not the way the amendment was worded. If the Council wants the agreement to come to the Council on the Consent Agenda for final approval, the Council needed to request that. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE MOTION TO HAVE THE COUNCIL SEE THE FINAL VERSION ON THE CONSENT AGENDA. Councilmember Bernheim recognized the FAC is an old building but he has never heard any public safety concern about the building collapsing while it is in use. THE VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. THE VOTE ON THE MAIN MOTION AS AMENDED CARRIED (6-1), COUNCILMEMBER PETSO VOTING NO. Mayor Cooper advised final adoption of the agreements will be on the April 5 agenda. 7. EDMONDS PUBLIC FACILITIES DISTRICT / EDMONDS CENTER FOR THE ARTS QUARTERLY REPORT. Edmonds Public Facilities District (EPFD) Board Chair John McGibbon explained the EPFD is the governing body for the Edmonds Center for the Arts (ECA). He expressed the Board’s appreciation to the Council for 9½ years of unstinting support in the creation and development of a valuable community asset. He recognized Stephen Clifton, Cindi Cruz, and Frances Chapin for their support over the years. He also recognized the members of the Council who have served as Council liaison to the EPFD Board; Councilmember Petso is the current liaison. He recognized the other EPFD Board members: Bob Rinehart, Terry Vehrs, Mike Popke, and Maria Montalvo. He invited Councilmembers and the Mayor to have a guided tour of the ECA. Chair McGibbon also expressed the EPFD’s appreciation for the volunteers who donate their time, performing myriad tasks. Although the EPFD board members are volunteers, they are a hands-on group that works closely with the ECA Executive Director Joe McIalwain. Mr. McIalwain reviewed ECA programs and services: • Presenting Season (21 shows this year) o Four of ECA’s last five presentations sold 90% or better (Al Stewart, Second City, Spike & the Impalers, and Vicky Lawrence) o Upcoming shows: – Arturo Sandoval – March 25 – Seattle Men’s Chorus – March 26 – Randy Newman – April 18 • Partner Organizations o Cascade Symphony Orchestra – March 28 – Sibelius Violin Concerto featuring Violinist Elisa Barston o Olympic Ballet Theatre – April 16 and 17 – “Coppelia” – New production marking 30th Anniversary of OBT • Rental Activities in March Packet Page 24 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 22 o Friends of Frank DeMiero Jazz Festival o Sno-King Music Educators Association o Premera Blue Cross – Company Meetings o Rick Steves’ Travel Festival o King’s School o StoryBook Theatre • Education/Outreach o Two sold-out student matinee performances of Chinese Acrobats of Hebei coming up in May o Expansion of Education/Outreach Programs planned for 2011-2012 – Student Matinee Programs, Artist in Residence Mr. McIalwain acknowledged the ECA’s Operations Manager, Jeff Vaughan who has done an incredible job building the rental business in recent months. Mr. McIalwain commented on recent successes: • Video monitors installed in ECA Lobby for promotion of upcoming events, recognition of sponsors/donors and advertising opportunities • Volunteer intern support for event management and new business development • Improvements made in accounting system to aid in quality and efficiency of reporting • New connections in the community showing interest in sponsorship Mr. McIalwain invited Councilmembers and the Mayor to attend Center Stage on Wednesday, April 20 where the 5th anniversary season will be announced and there will be an opportunity for those in attendance to become sponsors of ECA presentations. Mr. McIalwain reviewed operating performance: Revenue 2011 Budget 2011 YTD Ticket Sales $430,000 $163,485 Rental Revenue $328,820 $61,825 Other Earned Revenue $87,000 $31,300 Fundraising for Operations $402,000 $23,907 Total $1,247,820 $280,517 Expense Labor $521,800 $87,158 Facilities/Operations $232,400 $32,623 Programming $253,000 $118,153 Other Expenses $238,300 $17,570 Total $1,245,500 $255,504 Net Revenue (Expense) $2,320 $25,013 Mr. McIalwain reviewed the sales tax revenue streams the PFD receives: • A) Direct Local-Level Sales Tax Rebate o Covers a portion of the 2002 Bond Issue • B) “TIER 1” County-Level Sales Tax Rebate o Covers the remainder of the 2002 Bond Issue • C) “TIER 2” County-Level Sales Tax Rebate o Intended to cover 2008 Bond Issue o Original revenues projected to exceed $200,000 annually o Economic crisis resulted in 90% reduction in revenues from Tier 2 rebate o Unrealized funding source, cause of capital revenue shortfall Packet Page 25 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 23 Mr. McIalwain reviewed capital project revenue: Revenue 2011 2012 EPFD Direct Tax payment $195,000 $203,000 Snohomish County PFD Allocation #1 $215,575 $226,320 Snohomish County PFD Allocation #2 $15,500 $16,500 Private Fundraising $50,000 $50,000 Total Revenues $476,075 $495,820 Bond Payments Due $682,863 $706,763 Net Balance ($211,788) ($210,943) Mr. McIalwain reviewed proposed solutions: • Edmonds PFD Board and Staff are actively pursuing new revenue streams and improving operating performance to help meet future bond debt obligations • Snohomish County Lodging Tax Funds –Snohomish County Councilmembers Sullivan and Wright indicated the Snohomish County Strategic Tourism Plan emphasizes aviation, sports and not arts/culture. It will be difficult for the EPFD to access those funds for ongoing support. There will be opportunity to access funds on a one-time grant basis to help support operations or new programs • Extension of PFD Legislation (possible refinance) – did not reach the House floor this year. The bill is anticipated to be back over the next 2-3 years • Building Sponsorship • Impact of Economic Recovery - unknown • Improved Operating Performance – Net Revenues to Capital Mr. McIalwain summarized there is a great team comprised of the EPFD Board, the ECA Board and Steering Committee that is comprised of members of both Boards. He assured they were working hard to meet the challenges. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO EXTEND THE MEETING FOR 20 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis commented last year’s deficit was $100,000 and this year’s and next year’s is projected to be $200,000 but it was her understanding things were looking better. Mr. McIalwain advised these same numbers were presented to the Council in October. Councilmember Buckshnis asked if the less than anticipated Tier 2 funds were the reason for the shortfall. Mr. McIalwain agreed that was the issue. With the economic downturn, the EPFD lost approximately $190,000/year in Tier 2 funds. Growth anticipated in the local sales tax revenue also did not occur. If the Tier 2 funds were received in the amount anticipated and there was growth in the local sales tax revenue, there would not be a shortfall. Councilmember Wilson commented he thought very highly of Mr. McIalwain, noting the EPFD did a good job hiring and retaining talent. His fundamental concern was this structure of government did not exist elsewhere in the State – a PFD Board to collect sales tax and administer the District and another Board constituted as a fundraising arm with programmatic input. In nearly every other PFD, the PFD contracts with another entity and there is a separation. EPFD Chair John McGibbon explained the EPFD Board’s charter from the City was to create and to operate the ECA. To expedite fundraising, a 501(c)(3), ECA, was created. Although the PFD is non-profit, it could not effectively solicit contributions from organizations unwilling to do business with anyone other than a 501(c)(3). To provide incentive, the ECA Packet Page 26 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 24 Board has been integrated into the operation of the ECA, they populate the committees that are key in operating the facility, serve on the Steering Committee and sit in on EPFD Board meetings. He summarized the buck stops with the EPFD Board because that is their charter. He asked what problem Councilmember Wilson saw with the structure. Councilmember Wilson answered from the EPFD Board’s perspective there was not a problem because the EPFD Board did not have to pay the capital bill that the City was responsible for. As a Councilmember he felt there was a problem. The fundamental charter of the EPFD is to manage the capital side. Chair McGibbon advised the fundamental charter of the EPFD Board is to manage operations. Councilmember Wilson advised the reason the EPFD exists is to collect sales tax to go toward the facility. Chair McGibbon added it is toward the development of the facility, the renovation of the old high school and the operation of the facility. Councilmember Wilson commented the EPFD was having success on the operational side which speaks to the vision of the Board and talent of the staff. There is a shortfall on the capital side beyond the control of the EPFD or City Council. There is a moral hazard created when the EPFD Board does not have the responsibility for covering the capital shortfall. He recognized the EPFD Board and staff felt a moral responsibility to cover the capital shortfall. Chair McGibbon commented it was a joint responsibility; the EPFD assumed the responsibility to fulfill the financial obligation, to sell the bonds. There have been two bond sales; in order to sell those bonds, the City had to underwrite them. Councilmember Wilson clarified they were the City’s bonds. Chair McGibbon advised by charter the City’s Finance Director is the Treasurer and an ex-offico member of the EPFD. It was the decision of the City’s Finance Director with the concurrence of City government that the bonds would be sold in that manner. Councilmember Wilson appreciated Chair McGibbon and Board Member Rinehart for attending tonight’s meeting. He was disappointed no board members attended the meeting when the Council was told the City needed to come up with $100,000. Chair McGibbon pointed out the Council knew the conditions of the bond sale and that City underwrote the bonds. That information was presented to the City Council by the Finance Director at the time the bonds were sold. Councilmember Wilson responded it took a month for the Council to identify a way to pay the EPFD bond. At a LTAC meeting attended by Mr. McIalwain and Ms. Chapin, a way to allocate $100,000 was developed to pay the bond. Tonight’s presentation did not point out that the City is responsible for a $50,000 bond payment on May 1. He recalled when he stated last year that the Council needed to budget for $200,000 in 2011, he was told by one of the EPFD Board Members that he was spreading misinformation. Councilmember Wilson asked what the problem was if there is not a structural problem. He viewed it as a moral hazard problem, not just the economy. There is not “stick” for the EPFD because the City will pick up the bill. Chair McGibbon responded when the bonds were sold, a presentation was made to the City Council by the Finance Director who also had a role with the EPFD Board. To the extent there is confusion on the Council’s part, he apologized, noting there had not been any deception at any point in time. Councilmember Wilson assured he was not accusing anyone of deception. He asked whether anyone else in the room knew that a bond payment was due on May 1. He looked to the EPFD Board to help him understand what he could do to help them be successful. He was willing to remove the capital liability from the EPFD and campaign in a levy for funds to cover the EPFD bond. But in exchange, there would need to be some structural change including the EPFD giving the City the responsibility to manage the EPFD and the EPFD contracting with a programming agency. Councilmember Wilson asked if the EPFD was open to changing the structure to a model that was more sustainable. Chair McGibbon answered he was open to anything that would work the problem but did not think it could be discussed in a meaningful manner tonight. Councilmember Wilson suggested scheduling another meeting before the May 1 bond payment. He noted according to the Interlocal Agreement, the Packet Page 27 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 25 $25,000 profit so far this year will go toward the initial payment. He was willing to figure out a way for the EPFD to keep a portion of that so they could continue to grow in a difficult climate but he did not want to be told he was spreading misinformation and he wanted assurance that the EPFD Board was willing to eliminate the moral hazard. Chair McGibbon was uncertain what Councilmember Wilson meant by moral hazard. He explained there was an arrangement that was understood by all the parties related to the sale of the bonds. The challenges the EPFD faces as a result of the economic downturn have been fully explained. The EPFD Board Members are volunteers committed to making the ECA work and to date have done a reasonably good job creating and operating the facility. He welcomed Councilmember Wilson’s ideas for improving what the EPFD does. He summarized the bonds were sold with the understanding there was a revenue stream to cover the debt service but because it was understood that problems can arise, it was necessary for the City to underwrite the debt service. The primary problem is the economic downturn. The EPFD is doing its best to address the problem and negate the effects. Mayor Cooper suggested scheduling further discussion at a future Council meeting. Councilmember Wilson concluded it was essentially a communication issue. The City has a new administration with a different way of informing and working with Council. Chair McGibbon welcomed Councilmember Wilson’s suggestions. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING FOR 20 MINUTES. MOTION CARRIED UNANIMOUSLY. PFD Board Member Bob Rinehart advised they have invited Councilmember Wilson to discuss the issue. The EPFD Board is not trying to relinquish its responsibility and they are working hard to address the challenges. He reiterated Chair McGibbon’s comments about the role and involvement of the ECA Board. They are asked to do a great deal and they bring a great deal of expertise that the EPFD Board Members do not necessarily have. That model makes the EPFD Board far more effective. 8. COUNCIL REPORTS ON OUTSIDE COMMITTEE/BOARD MEETINGS Councilmember Petso reported she met with the EPFD this morning. She was certain the EPFD Board and/or ECA staff would follow-up with Councilmember Wilson and other Councilmembers prior to the next scheduled meeting. Councilmember Plunkett reported the Historic Preservation Commission considered the solar panels on the FAC. A Certificate of Appropriateness will be required if the project proceeds. Councilmember Fraley-Monillas reported the Snohomish Health District presented an award to the condominium building at 960 5th Avenue for being the first non-smoking condominium in Snohomish County. On March 26, all the Red Robins in the State of Washington are having a Special Olympics Tip a Cop day. The Edmonds Police Department will be serving at the Lynnwood Red Robin; tips given to the Police Officers will be donated to Special Olympics. She encouraged the public to visit a Red Robin on Saturday. Councilmember Bernheim advised the Port held their meeting tonight. He was unable to attend the SeaShore Transportation Forum as he attended Mayor Cooper’s annual report presentation. Councilmember Buckshnis reported WRIA 8 moved the daylighting of Willow Creek from the 10 year start list to the 3-year work plan recommendation. She reported the Economic Development Commission reviewed what they wanted to look at next. They plan to consider the formed based code. Packet Page 28 of 313 Edmonds City Council Draft Minutes March 22, 2011 Page 26 9. MAYOR'S COMMENTS Mayor Cooper reported Council President Peterson and his trip to Washington DC went well and they accomplished a great deal. He advised staff has been in constant communication with Hekinan, Japan. They came through the earthquake well. He invited everyone to keep Japan in their thoughts and prayers. At this time there are still plans to send the student delegation to Hekinan in July and have visitors from Hekinan in August. 10. COUNCIL COMMENTS Councilmember Bernheim thanked everyone for their efforts on the solar installation, anticipating it would move forward productively. He will draft and present to the Council President a proposal to exempt solar panels from the City’s height limits so that they could be installed on top of buildings that are at or near the height limit. Councilmember Wilson advised the City has been asked to participate in the First Lady’s anti childhood obesity initiative, Let’s Move. Typically the Mayor simply needs to sign up and does not need Council approval. Mayor Cooper agreed to allow him to be the lead due to his relationship with the Regional Director of Health and Human Services. He will present a resolution to the Council on the Consent Agenda. Council President Peterson reported the First Lady spoke at the convention in Washington DC. He reiterated the trip to Washington DC was not paid for with City funds. 11. ADJOURN With no further business, the Council meeting was adjourned at 11:33 p.m. Packet Page 29 of 313 AM-3839   Item #: 2. C. City Council Meeting Date: 04/05/2011 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 #124514 through #124626 dated March 24, 2011 for $637,329.90, and claim checks #124627 through #124758 dated March 31, 2011 for $184,819.96. Recommendation from Mayor and Staff Approval of claim 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:$822,149.86 Fiscal Impact: Claims $822,149.86 Attachments Claim Checks 3-24-11 Claim Checks 3-31-11 Form Review Inbox Reviewed By Date Finance Jim Tarte 03/31/2011 09:46 AM City Clerk Sandy Chase 03/31/2011 10:18 AM Mayor Mike Cooper 03/31/2011 03:09 PM Final Approval Sandy Chase 03/31/2011 04:51 PM Form Started By: Nori Jacobson Started On: 03/31/2011 09:32 AM Final Approval Date: 03/31/2011  Packet Page 30 of 313 03/24/2011 Voucher List City of Edmonds 1 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124514 3/21/2011 062693 US BANK 3306 TRAINING/ZUVELA/SLENKER/OPERATORS GUIDE TRAINING/ZUVELA/SLENKER/OPERATORS GUIDE 411.000.656.538.800.490.71 600.50 Total :600.50 124515 3/21/2011 068876 TRAVELERS CASUALTY & SURETY CO 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 124516 3/24/2011 070963 ACTION FLAG CO 10786 PS - Retainer Rings PS - Retainer Rings 001.000.651.519.920.310.00 78.00 Freight 001.000.651.519.920.310.00 11.24 Total :89.24 124517 3/24/2011 000850 ALDERWOOD WATER DISTRICT 8980 Monthly Wholesale Charges fo Monthly Wholesale Charges fo 411.000.654.534.800.330.00 91,310.32 Total :91,310.32 124518 3/24/2011 061540 ALLIED WASTE SERVICES 0197-001318204 FIRE STATION #20 FIRE STATION #20 001.000.651.519.920.470.00 126.34 Public Works Facility0197-001318284 Public Works Facility 001.000.650.519.910.470.00 25.67 Public Works Facility 111.000.653.542.900.470.00 97.56 Public Works Facility 411.000.654.534.800.470.00 97.56 Public Works Facility 411.000.655.535.800.470.00 97.56 Public Works Facility 1Page: Packet Page 31 of 313 03/24/2011 Voucher List City of Edmonds 2 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124518 3/24/2011 (Continued)061540 ALLIED WASTE SERVICES 511.000.657.548.680.470.00 97.56 Public Works Facility 411.000.652.542.900.470.00 97.57 FS 160197-001318350 garbage for F/S #16 001.000.651.519.920.470.00 131.88 MCH0197-001319062 garbage for MCC 001.000.651.519.920.470.00 60.02 Total :831.72 124519 3/24/2011 064246 ALS LABORATORY GROUP 32-1102160-0 Storm - Sweeping Analysis and disposal Storm - Sweeping Analysis and disposal 411.000.652.542.320.490.00 1,076.00 Total :1,076.00 124520 3/24/2011 069751 ARAMARK 655-5447909 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 124521 3/24/2011 064343 AT&T 730386050200 425-744-6057 PUBLIC WORKS Public Works Fax Line 001.000.650.519.910.420.00 1.91 Public Works Fax Line 111.000.653.542.900.420.00 7.26 Public Works Fax Line 411.000.654.534.800.420.00 7.26 Public Works Fax Line 411.000.655.535.800.420.00 7.26 Public Works Fax Line 511.000.657.548.680.420.00 7.26 Public Works Fax Line 2Page: Packet Page 32 of 313 03/24/2011 Voucher List City of Edmonds 3 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124521 3/24/2011 (Continued)064343 AT&T 411.000.652.542.900.420.00 7.26 Total :38.21 124522 3/24/2011 070305 AUTOMATIC FUNDS TRANSFER 58950 OUT SOURCING OF UTILITY BILLS UB Outsourcing area # 800 Printing 411.000.652.542.900.490.00 115.02 UB Outsourcing area # 800 Printing 411.000.654.534.800.490.00 115.02 UB Outsourcing area # 800 Printing 411.000.655.535.800.490.00 118.51 UB Outsourcing area #800 Postage 411.000.654.534.800.420.00 369.66 UB Outsourcing area #800 Postage 411.000.655.535.800.420.00 369.65 9.5% Sales Tax 411.000.652.542.900.490.00 10.93 9.5% Sales Tax 411.000.654.534.800.490.00 10.93 9.5% Sales Tax 411.000.655.535.800.490.00 11.25 OUT SOURCING OF UTILITY BILLS59058 UB Outsourcing area #100 Printing 411.000.652.542.900.490.00 90.52 UB Outsourcing area #100 Printing 411.000.654.534.800.490.00 90.52 UB Outsourcing area #100 Printing 411.000.655.535.800.490.00 93.25 UB Outsourcing area #100 Postage 411.000.654.534.800.420.00 291.26 UB Outsourcing area #100 Postage 411.000.655.535.800.420.00 291.26 9.5% Sales Tax 411.000.652.542.900.490.00 8.60 9.5% Sales Tax 3Page: Packet Page 33 of 313 03/24/2011 Voucher List City of Edmonds 4 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124522 3/24/2011 (Continued)070305 AUTOMATIC FUNDS TRANSFER 411.000.654.534.800.490.00 8.60 9.5% Sales Tax 411.000.655.535.800.490.00 8.86 OUT SOURCING OF UTILITY BILLS59119 UB Outsourcing area #400 Printing 411.000.652.542.900.490.00 124.35 UB Outsourcing area #400 Printing 411.000.654.534.800.490.00 124.35 UB Outsourcing area #400 Printing 411.000.655.535.800.490.00 128.13 UB Outsourcing area #400 Postage 411.000.654.534.800.420.00 400.90 UB Outsourcing area #400 Postage 411.000.655.535.800.420.00 400.90 9.5% Sales Tax 411.000.652.542.900.490.00 11.81 9.5% Sales Tax 411.000.654.534.800.490.00 11.81 9.5% Sales Tax 411.000.655.535.800.490.00 12.18 OUT SOURCING OF UTILITY BILLS59189 UB Outsourcing area #200 Printing 411.000.652.542.900.490.00 89.68 UB Outsourcing area #200 Printing 411.000.654.534.800.490.00 89.68 UB Outsourcing area #200 Postage 411.000.654.534.800.420.00 288.25 UB Outsourcing area #200 Printing 411.000.655.535.800.490.00 92.40 UB Outsourcing area #200 Postage 411.000.655.535.800.420.00 288.24 9.5% Sales Tax 411.000.652.542.900.490.00 8.52 9.5% Sales Tax 4Page: Packet Page 34 of 313 03/24/2011 Voucher List City of Edmonds 5 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124522 3/24/2011 (Continued)070305 AUTOMATIC FUNDS TRANSFER 411.000.654.534.800.490.00 8.52 9.5% Sales Tax 411.000.655.535.800.490.00 8.78 OUT SOURCING OF UTILITY BILLS59240 UB Outsourcing area #700 Printing 411.000.652.542.900.490.00 23.20 UB Outsourcing area #700 Printing 411.000.654.534.800.490.00 23.20 UB Outsourcing area #700 Printing 411.000.655.535.800.490.00 23.91 UB Outsourcing area #700 Postage 411.000.654.534.800.420.00 97.90 UB Outsourcing area #700 Postage 411.000.655.535.800.420.00 97.90 9.5% Sales Tax 411.000.652.542.900.490.00 2.20 9.5% Sales Tax 411.000.654.534.800.490.00 2.20 9.5% Sales Tax 411.000.655.535.800.490.00 2.28 OUT SOURCING OF UTILITY BILLS59358 UB Outsourcing area #500 Printing 411.000.652.542.900.490.00 36.71 UB Outsourcing area #500 Printing 411.000.654.534.800.490.00 36.71 UB Outsourcing area #500 Printing 411.000.655.535.800.490.00 37.81 UB Outsourcing area #500 Postage 411.000.654.534.800.420.00 118.99 UB Outsourcing area #500 Postage 411.000.655.535.800.420.00 118.98 9.5% Sales Tax 411.000.652.542.900.490.00 3.49 9.5% Sales Tax 5Page: Packet Page 35 of 313 03/24/2011 Voucher List City of Edmonds 6 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124522 3/24/2011 (Continued)070305 AUTOMATIC FUNDS TRANSFER 411.000.654.534.800.490.00 3.49 9.5% Sales Tax 411.000.655.535.800.490.00 3.59 Total :4,724.90 124523 3/24/2011 001835 AWARDS SERVICE INC 75726 RANGER-NATURALIST NAME BADGES NAME BADGES FOR RANGER-NATURALISTS 001.000.640.574.350.310.00 17.50 9.5% Sales Tax 001.000.640.574.350.310.00 1.67 Total :19.17 124524 3/24/2011 001702 AWC EMPLOY BENEFIT TRUST April 2011 AWC APRIL 2011 AWC PREMIUMS 04/11 Fire Pension AWC Premiums 617.000.510.522.200.230.00 4,517.25 04/11 Retirees AWC Premiums 009.000.390.517.370.230.00 29,016.00 04/11 AWC Premiums 811.000.000.231.510.000.00 287,808.61 Total :321,341.86 124525 3/24/2011 012005 BALL AND GILLESPIE POLYGRAPH 2011-35 PRE-EMPLOY SCREENING 3-17-11 POLYGRAPH - INTERN CANDIDATE 001.000.410.521.100.410.00 150.00 Total :150.00 124526 3/24/2011 073605 BARTO, VICKI BARTO031711 REFUND REFUND DUE TO CANCELLED CLASS 001.000.000.239.200.000.00 35.00 Total :35.00 124527 3/24/2011 060502 BERG, COLIN BERG13368 TAI CHI CLASSES TAI CHI #13368 001.000.640.575.540.410.00 284.20 Total :284.20 6Page: Packet Page 36 of 313 03/24/2011 Voucher List City of Edmonds 7 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124528 3/24/2011 073550 BOLIN, HALEY BOLIN0319 GYM MONITOR GYM MONITOR FOR DANCE CLASSES @ 001.000.640.574.100.410.00 36.00 Total :36.00 124529 3/24/2011 065341 BRIANS UPHOLSTERY 31111 Unit 133 - Rebuild/Recover Seat Unit 133 - Rebuild/Recover Seat 511.000.657.548.680.480.00 145.00 8.6% Sales Tax 511.000.657.548.680.480.00 12.47 Unit 132 - Rebuild/Recover Seat3711 Unit 132 - Rebuild/Recover Seat 511.000.657.548.680.480.00 415.00 8.6% Sales Tax 511.000.657.548.680.480.00 35.69 Total :608.16 124530 3/24/2011 073029 CANON FINANCIAL SERVICES 10851000 INV#10851000 CUST#572105 - EDMONDS PD COPIER RENTAL (4) 001.000.410.521.100.450.00 581.60 COPY CHARGES FOR (4) TO 2/28/11 001.000.410.521.100.450.00 270.45 9.5% Sales Tax 001.000.410.521.100.450.00 80.94 Total :932.99 124531 3/24/2011 068484 CEMEX LLC 9420949884 Storm - Asphalt Storm - Asphalt 111.000.653.542.310.310.00 281.56 9.5% Sales Tax 111.000.653.542.310.310.00 26.75 Water - Asphalt9421024608 Water - Asphalt 411.000.654.534.800.310.00 424.15 9.5% Sales Tax 411.000.654.534.800.310.00 40.29 7Page: Packet Page 37 of 313 03/24/2011 Voucher List City of Edmonds 8 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124531 3/24/2011 (Continued)068484 CEMEX LLC Storm Dump Fees9421053630 Storm Dump Fees 411.000.652.542.320.490.00 132.40 Washed Sand 411.000.652.542.320.490.00 286.45 9.2% Sales Tax 411.000.652.542.320.490.00 26.36 Roadway - Asphalt9421063417 Roadway - Asphalt 111.000.653.542.310.310.00 175.00 9.5% Sales Tax 111.000.653.542.310.310.00 16.63 Roadway - Asphalt9421078695 Roadway - Asphalt 111.000.653.542.310.310.00 245.00 9.5% Sales Tax 111.000.653.542.310.310.00 23.28 Roadway - Asphalt9421078696 Roadway - Asphalt 111.000.653.542.310.310.00 192.50 9.5% Sales Tax 111.000.653.542.310.310.00 18.29 Roadway - Asphalt9421085544 Roadway - Asphalt 111.000.653.542.310.310.00 210.00 9.5% Sales Tax 111.000.653.542.310.310.00 19.95 Roadway - Asphalt9421101653 Roadway - Asphalt 111.000.653.542.310.310.00 227.50 9.5% Sales Tax 111.000.653.542.310.310.00 21.61 Roadway - Asphalt9421118444 Roadway - Asphalt 8Page: Packet Page 38 of 313 03/24/2011 Voucher List City of Edmonds 9 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124531 3/24/2011 (Continued)068484 CEMEX LLC 111.000.653.542.310.310.00 157.50 9.5% Sales Tax 111.000.653.542.310.310.00 14.96 Storm - Asphalt9421118445 Storm - Asphalt 411.000.652.542.320.310.00 587.00 Dump Fees 411.000.652.542.320.490.00 280.03 9.2% Sales Tax 411.000.652.542.320.310.00 54.00 Roadway - Asphalt9421118446 Roadway - Asphalt 111.000.653.542.310.310.00 245.00 9.5% Sales Tax 111.000.653.542.310.310.00 23.28 Storm Dump Fees9421140768 Storm Dump Fees 411.000.652.542.320.490.00 48.34 Total :3,777.83 124532 3/24/2011 070792 CH2O 190763 FAC - 4 Buckets (45lb ea) Sealer FAC - 4 Buckets (45lb ea) Sealer 001.000.651.519.920.310.00 788.24 Freight 001.000.651.519.920.310.00 100.42 9.5% Sales Tax 001.000.651.519.920.310.00 84.42 Total :973.08 124533 3/24/2011 064840 CHAPUT, KAREN E CHAPUT14249 FRIDAY NIGHT OUT FRIDAY NIGHT OUT #14249 001.000.640.574.200.410.00 114.80 Total :114.80 124534 3/24/2011 066070 CIT TECHNOLOGY FIN SERV INC 18866055 COPIER LEASE PW 9Page: Packet Page 39 of 313 03/24/2011 Voucher List City of Edmonds 10 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124534 3/24/2011 (Continued)066070 CIT TECHNOLOGY FIN SERV INC copier lease for PW 001.000.650.519.910.450.00 731.56 Total :731.56 124535 3/24/2011 069457 CITY OF EDMONDS E1FE.ROW Permit E1FE.ROW PERMIT E1FE.ROW Permit 412.200.630.594.320.410.00 260.00 Total :260.00 124536 3/24/2011 004095 COASTWIDE LABS W2287445 Fac Maint - Cleaners, Floor Finishes, T Fac Maint - Cleaners, Floor Finishes, T 001.000.651.519.920.310.00 492.03 9.5% Sales Tax 001.000.651.519.920.310.00 46.74 Fac Maint - Cleaners, Scouring Pads,W2292574 Fac Maint - Cleaners, Scouring Pads, 001.000.651.519.920.310.00 561.80 9.5% Sales Tax 001.000.651.519.920.310.00 53.37 Total :1,153.94 124537 3/24/2011 006200 DAILY JOURNAL OF COMMERCE 3246741 E1AA.RFQ ADVERTISING E1AA.RFQ Advertising 112.200.630.595.330.410.00 392.40 Total :392.40 124538 3/24/2011 061570 DAY WIRELESS SYSTEMS - 16 42834 Unit eq68en - Radio Unit eq68en - Radio 511.100.657.594.480.640.00 465.00 9.5% Sales Tax 511.100.657.594.480.640.00 44.18 Total :509.18 124539 3/24/2011 064531 DINES, JEANNIE 11-3186 MINUTE TAKING 3/15 Council Minutes 10Page: Packet Page 40 of 313 03/24/2011 Voucher List City of Edmonds 11 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124539 3/24/2011 (Continued)064531 DINES, JEANNIE 001.000.250.514.300.410.00 249.00 Total :249.00 124540 3/24/2011 070790 DISTINCTIVE GLASS INC 25180 FIshing Pier Parking Lot - Replacement FIshing Pier Parking Lot - Replacement 001.000.651.519.920.310.00 83.50 9.5% Sales Tax 001.000.651.519.920.310.00 7.93 Total :91.43 124541 3/24/2011 007253 DUNN LUMBER 515864 CONCRETE MIX CONCRETE MIX 001.000.640.576.800.310.00 24.96 9.5% Sales Tax 001.000.640.576.800.310.00 2.37 Total :27.33 124542 3/24/2011 068803 EAST JORDAN IRON WORKS 3354018 Storm - DI CTR DR Assembly Storm - DI CTR DR Assembly 411.000.652.542.400.310.00 1,159.70 Cover Assembly 411.000.652.542.400.310.00 515.42 9.5% Sales Tax 411.000.652.542.400.310.00 159.14 Total :1,834.26 124543 3/24/2011 007675 EDMONDS AUTO PARTS 32302 SPARK PLUG SPARK PLUG 001.000.640.576.800.310.00 3.25 9.5% Sales Tax 001.000.640.576.800.310.00 0.31 UNDERCOAT32415 UNDERCOAT 001.000.640.576.800.310.00 15.98 9.5% Sales Tax 11Page: Packet Page 41 of 313 03/24/2011 Voucher List City of Edmonds 12 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124543 3/24/2011 (Continued)007675 EDMONDS AUTO PARTS 001.000.640.576.800.310.00 1.52 Total :21.06 124544 3/24/2011 069523 EDMONDS P&R YOUTH SCHOLARSHIP MARTINEZ0307 YOUTH SCHOLARSHIP YOUTH SCHOLARSHIP: ATHENA MARTINEZ 122.000.640.574.100.490.00 150.00 Total :150.00 124545 3/24/2011 008705 EDMONDS WATER DIVISION 6-02735 PUBLIC SAFETY COMPLEX-POLICE/CRT PUBLIC SAFETY COMPLEX-POLICE/CRT 001.000.651.519.920.470.00 1,300.59 PUBLIC SAFETY COMPLEX-FIRE LINE6-02736 PUBLIC SAFETY COMPLEX-FIRE LINE 001.000.651.519.920.470.00 14.65 PUBLIC SAFETY COMPLEX-FIRE6-02737 PUBLIC SAFETY COMPLEX-FIRE 001.000.651.519.920.470.00 176.11 PUBLIC SAFETY IRRIGATION6-02738 PUBLIC SAFETY IRRIGATION 001.000.651.519.920.470.00 157.87 LIBRARY & SPRINKLER6-02825 LIBRARY & SPRINKLER 001.000.651.519.920.470.00 1,075.54 ANDERSON CULTURAL CENTER (FIRE DETECTOR)6-02875 ANDERSON CULTURAL CENTER (FIRE DETECTOR) 001.000.651.519.920.470.00 25.63 ANDERSON CULTURAL CENTER6-02925 ANDERSON CULTURAL CENTER 001.000.651.519.920.470.00 1,297.24 Fire Station #166-04127 Fire Station #16 001.000.651.519.920.470.00 588.25 fire sprinkler-FS #166-04128 fire sprinkler-FS #16 001.000.651.519.920.470.00 14.65 12Page: Packet Page 42 of 313 03/24/2011 Voucher List City of Edmonds 13 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124545 3/24/2011 (Continued)008705 EDMONDS WATER DIVISION Public Works Bldg6-05155 Public Works Bldg 001.000.650.519.910.470.00 109.80 Public Works Bldg 111.000.653.542.900.470.00 417.22 Public Works Bldg 411.000.654.534.800.470.00 417.22 Public Works Bldg 411.000.655.535.800.470.00 417.22 Public Works Bldg 511.000.657.548.680.470.00 417.22 Public Works Bldg 411.000.652.542.900.470.00 417.23 Public Works Fire Detector6-05156 Public Works Fire Detector 001.000.650.519.910.470.00 1.83 Public Works Fire Detector 111.000.653.542.900.470.00 6.95 Public Works Fire Detector 411.000.652.542.900.470.00 6.95 Public Works Fire Detector 411.000.654.534.800.470.00 6.95 Public Works Fire Detector 411.000.655.535.800.470.00 6.95 Public Works Fire Detector 511.000.657.548.680.470.00 6.94 Total :6,883.01 124546 3/24/2011 073133 EVERGREEN RURAL WATER OF WA 17820 2011 Mbr Dues 2011 Mbr Dues 411.000.654.534.800.490.00 600.00 Total :600.00 124547 3/24/2011 063953 EVERGREEN STATE HEAT & A/C 15278 FS 16 - Service Repair HVAC Unit FS 16 - Service Repair HVAC Unit 13Page: Packet Page 43 of 313 03/24/2011 Voucher List City of Edmonds 14 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124547 3/24/2011 (Continued)063953 EVERGREEN STATE HEAT & A/C 001.000.651.519.920.480.00 185.00 9.5% Sales Tax 001.000.651.519.920.480.00 17.58 Total :202.58 124548 3/24/2011 072493 FIRSTLINE COMMUNICATIONS INC 123519 PHONE/NETWORK JACK FOR COURT Phone/network jack installed in Court 001.000.310.518.880.480.00 99.00 9.5% Sales Tax 001.000.310.518.880.480.00 9.41 Total :108.41 124549 3/24/2011 070855 FLEX PLAN SERVICES INC 172079 February 125 and 132 plan fees February 125 and 132 plan fees 001.000.220.516.100.410.00 55.50 Total :55.50 124550 3/24/2011 011900 FRONTIER 425-197-0932 TELEMETRY WATER & LIFT STATIONS TELEMETRY WATER & LIFT STATIONS 411.000.654.534.800.420.00 262.00 TELEMETRY WATER & LIFT STATIONS 411.000.655.535.800.420.00 261.99 TELEMETRY STATIONS425-712-0417 TELEMETRY STATIONS 411.000.654.534.800.420.00 27.41 TELEMETRY STATIONS 411.000.655.535.800.420.00 27.41 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES425-712-8251 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 001.000.650.519.910.420.00 14.21 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 111.000.653.542.900.420.00 71.06 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 411.000.654.534.800.420.00 59.69 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 14Page: Packet Page 44 of 313 03/24/2011 Voucher List City of Edmonds 15 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124550 3/24/2011 (Continued)011900 FRONTIER 411.000.655.535.800.420.00 59.69 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 511.000.657.548.680.420.00 79.59 MEADOWDALE CLUB HOUSE FIRE ALARM LINE425-745-4313 Meadowdale Club House Fire Alarm Line 001.000.651.519.920.420.00 103.53 SEWER - PW TELEMETRY425-774-1031 SEWER - PW TELEMETRY 411.000.655.535.800.420.00 45.93 PUBLIC SAFETY FIRE ALARM425-775-2455 PUBLIC SAFETY FIRE ALARM 001.000.651.519.920.420.00 50.43 Radio Line between Public Works & UB425-775-7865 Radio Line between Public Works & UB 411.000.654.534.800.420.00 53.75 LIBRARY ELEVATOR PHONE425-776-1281 LIBRARY ELEVATOR PHONE 001.000.651.519.920.420.00 42.49 LS 7425-776-2742 LS 7 411.000.655.535.800.420.00 25.56 CITY HALL FIRE ALARM SYSTEM425-776-6829 CITY HALL FIRE ALARM SYSTEM 001.000.651.519.920.420.00 113.04 1ST & PINE CIRCUIT LINE PT EDWARDS425-AB9-0530 1st & Pine Circuit Line for Pt Edwards 411.000.655.535.800.420.00 40.75 PUBLIC WORKS C0NNECTION TO 911425-RT0-9133 Public Works Connection to 911 001.000.650.519.910.420.00 5.48 Public Works Connection to 911 111.000.653.542.900.420.00 20.81 Public Works Connection to 911 411.000.654.534.800.420.00 20.81 Public Works Connection to 911 15Page: Packet Page 45 of 313 03/24/2011 Voucher List City of Edmonds 16 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124550 3/24/2011 (Continued)011900 FRONTIER 411.000.655.535.800.420.00 20.81 Public Works Connection to 911 511.000.657.548.680.420.00 20.81 Public Works Connection to 911 411.000.652.542.900.420.00 20.78 Total :1,448.03 124551 3/24/2011 068265 FRONTIER ONLINE 28497466 WATER - BROADBAND SERVICE Water- Broadband Service for 411.000.654.534.800.420.00 79.99 Total :79.99 124552 3/24/2011 068617 GLEISNER, BARBARA GLEISNER13362 TAI CHI & QIGONG CLASSES TAI CHI #13362 001.000.640.575.540.410.00 756.00 TAI CHI #13364 001.000.640.575.540.410.00 393.40 TAI CHI #13366 001.000.640.575.540.410.00 273.00 QIGONG #13590 001.000.640.575.540.410.00 616.00 QIGONG #13592 001.000.640.575.540.410.00 280.00 Total :2,318.40 124553 3/24/2011 012199 GRAINGER 9481760008 PS - 12V Batteries (10) PS - 12V Batteries (10) 001.000.651.519.920.310.00 347.90 9.5% Sales Tax 001.000.651.519.920.310.00 33.05 Total :380.95 124554 3/24/2011 070437 HARDIE, MARY ANN 3/11 Mileage reimbursement (HR Training and Mileage reimbursement (HR Training and 001.000.220.516.100.430.00 70.44 16Page: Packet Page 46 of 313 03/24/2011 Voucher List City of Edmonds 17 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :70.44124554 3/24/2011 070437 070437 HARDIE, MARY ANN 124555 3/24/2011 071417 HD SUPPLY WATERWORKS LTD 2632972 Storm- 3rd & Main - Manhole Apdt's, PVC Storm- 3rd & Main - Manhole Apdt's, PVC 411.000.652.542.400.310.00 2,819.68 9.5% Sales Tax 411.000.652.542.400.310.00 267.88 Storm - DI Pipe2691372 Storm - DI Pipe 411.000.652.542.400.310.00 1,494.18 9.5% Sales Tax 411.000.652.542.400.310.00 141.95 Total :4,723.69 124556 3/24/2011 062383 HEPBURN INDUSTRIES IN095690 BURIAL SUPPLIES VASES, RINGS 130.000.640.536.200.340.00 787.50 Freight 130.000.640.536.200.340.00 18.91 Total :806.41 124557 3/24/2011 067862 HOME DEPOT CREDIT SERVICES 2042637 0205 FASTSET 001.000.640.576.800.310.00 4.98 9.5% Sales Tax 001.000.640.576.800.310.00 0.47 02055033203 PUMP, ADAPTER, ETC. 001.000.640.576.800.310.00 135.01 9.5% Sales Tax 001.000.640.576.800.310.00 12.83 02055043805 PAINT SUPPLIES, ETC. 001.000.640.576.800.310.00 159.56 9.5% Sales Tax 001.000.640.576.800.310.00 15.16 17Page: Packet Page 47 of 313 03/24/2011 Voucher List City of Edmonds 18 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124557 3/24/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES 020575524 BIRD BLOCK, BURLAP 001.000.640.576.800.310.00 30.46 9.5% Sales Tax 001.000.640.576.800.310.00 2.89 02059043214 HACK, MOSSOUT 001.000.640.576.800.310.00 160.07 9.5% Sales Tax 001.000.640.576.800.310.00 15.21 020591679 TARP 001.000.640.576.800.310.00 23.96 9.5% Sales Tax 001.000.640.576.800.310.00 2.28 Total :562.88 124558 3/24/2011 070896 HSBC BUSINESS SOLUTIONS 8941 Fac Maint - Towels, Gloves Fac Maint - Towels, Gloves 001.000.651.519.920.310.00 279.29 Total :279.29 124559 3/24/2011 070042 IKON 84361782 Lease - DSD Eng Copier MPC6000 Lease - DSD Eng Copier MPC6000 001.000.620.558.800.450.00 443.48 Lease DSD Copier-R907EX84361787 Lease DSD Copier-R907EX 001.000.620.558.800.450.00 827.00 Total :1,270.48 124560 3/24/2011 073548 INDOFF INCORPORATED 1838847 Return File Jackets Original Inc 182241 Return File Jackets Original Inc 182241 001.000.310.514.230.310.00 -42.99 9.5% Sales Tax 001.000.310.514.230.310.00 -4.08 18Page: Packet Page 48 of 313 03/24/2011 Voucher List City of Edmonds 19 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124560 3/24/2011 (Continued)073548 INDOFF INCORPORATED Dymo label cartridge IT1842669 Dymo label cartridge IT 001.000.310.518.880.310.00 35.98 Pop up post it pads 001.000.310.514.230.310.00 43.27 9.5% Sales Tax 001.000.310.518.880.310.00 3.42 9.5% Sales Tax 001.000.310.514.230.310.00 4.11 Total :39.71 124561 3/24/2011 073548 INDOFF INCORPORATED 1833735 Office Supplies for Council Office Office Supplies for Council Office 001.000.110.511.100.310.00 117.77 Total :117.77 124562 3/24/2011 073548 INDOFF INCORPORATED 1836656 Office Supplies for Dev. Serv. Dept. Office Supplies for Dev. Serv. Dept. 001.000.620.558.800.310.00 411.78 Total :411.78 124563 3/24/2011 073608 INLAND DIRECT 5/24/11 CLASS SOCIAL NETWORKING - DJ SMITH 5/24/11 SOCIAL NETWORKING, INTERNET 001.000.410.521.400.490.00 100.00 Total :100.00 124564 3/24/2011 071634 INTEGRA TELECOM 8053463 C/A 768328 PR1-1 & 2 City Phone Service 001.000.310.518.880.420.00 1,804.29 Tourism Toll free lines 877.775.6929; 001.000.240.513.110.420.00 0.37 Econ Devlpmnt Toll free lines 001.000.240.513.110.420.00 0.17 Total :1,804.83 19Page: Packet Page 49 of 313 03/24/2011 Voucher List City of Edmonds 20 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124565 3/24/2011 072154 JMF & ASSOCIATES 3/18/11 Corporal Assessment center facilitation Corporal Assessment center facilitation 001.000.220.516.210.410.00 4,300.00 Total :4,300.00 124566 3/24/2011 072146 JOHNSON, BREANNE 03162011 MONITOR FOR ECONOMIC DEV MEETING 3/16/11 Economic Dev Commission Meeting monitor 001.000.240.513.110.490.00 36.00 Total :36.00 124567 3/24/2011 071137 KIDZ LOVE SOCCER KLS13323 KIDZ LOVE SOCCER CLASSES KLS #13323 001.000.640.574.200.410.00 577.50 KLS #13320 001.000.640.574.200.410.00 525.00 KLS #13319 001.000.640.574.200.410.00 945.00 KLS #13317 001.000.640.574.200.410.00 780.93 KLD #13313 001.000.640.574.200.410.00 420.00 KLS #13310 001.000.640.574.200.410.00 262.50 KLS #13309 001.000.640.574.200.410.00 472.50 KLS #13308 001.000.640.574.200.410.00 157.50 KLS #13307 001.000.640.574.200.410.00 157.50 Total :4,298.43 124568 3/24/2011 073086 KIMMEL ATHLETIC SUPPLY CO 0316374-IN SOFTBALLS BADEN SOFTBALLS 001.000.640.575.520.310.00 2,485.75 9.5% Sales Tax 001.000.640.575.520.310.00 236.14 20Page: Packet Page 50 of 313 03/24/2011 Voucher List City of Edmonds 21 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :2,721.89124568 3/24/2011 073086 073086 KIMMEL ATHLETIC SUPPLY CO 124569 3/24/2011 017050 KWICK'N KLEEN CAR WASH 03142011-01 INV#03142011-01 EDMONDS PD 32 CAR WASHES @ $5.03 - 02/11 001.000.410.521.220.480.00 160.96 Total :160.96 124570 3/24/2011 073603 LIGHTHOUSE LAW GROUP PLLC MAR-11 03-11 LEGALS FEES March-2011 Legal fees 001.000.360.515.100.410.00 32,000.00 Total :32,000.00 124571 3/24/2011 018950 LYNNWOOD AUTO PARTS INC 625473 Unit 39 - Lic Lamp Unit 39 - Lic Lamp 511.000.657.548.680.310.00 6.36 9.5% Sales Tax 511.000.657.548.680.310.00 0.60 Fleet - Filters625776 Fleet - Filters 511.000.657.548.680.310.00 16.08 9.5% Sales Tax 511.000.657.548.680.310.00 1.53 Unit 11 - Filters625923 Unit 11 - Filters 511.000.657.548.680.310.00 28.47 9.5% Sales Tax 511.000.657.548.680.310.00 2.70 Unit 11 - Serpentine Belt625960 Unit 11 - Serpentine Belt 511.000.657.548.680.310.00 38.45 9.5% Sales Tax 511.000.657.548.680.310.00 3.65 Unit 11 - Hubcap626113 Unit 11 - Hubcap 511.000.657.548.680.310.00 23.88 9.5% Sales Tax 21Page: Packet Page 51 of 313 03/24/2011 Voucher List City of Edmonds 22 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124571 3/24/2011 (Continued)018950 LYNNWOOD AUTO PARTS INC 511.000.657.548.680.310.00 2.27 Unit 14 - Air Filter626277 Unit 14 - Air Filter 511.000.657.548.680.310.00 13.14 9.5% Sales Tax 511.000.657.548.680.310.00 1.25 Unit 137 - Filters626602 Unit 137 - Filters 511.000.657.548.680.310.00 19.01 9.5% Sales Tax 511.000.657.548.680.310.00 1.81 Unit 55 - Ignition Switch626724 Unit 55 - Ignition Switch 511.000.657.548.680.310.00 35.89 9.5% Sales Tax 511.000.657.548.680.310.00 3.41 Unit 6 - Mini Bulb627480 Unit 6 - Mini Bulb 511.000.657.548.680.310.00 3.90 9.5% Sales Tax 511.000.657.548.680.310.00 0.37 Total :202.77 124572 3/24/2011 019920 MCCANN, MARIAN 22 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 1,584.10 Total :1,584.10 124573 3/24/2011 073602 MEDICAL IMAGING NORTHWEST LLP B1200D7H Employment testing services Employment testing services 001.000.220.516.210.410.00 128.00 Total :128.00 124574 3/24/2011 072223 MILLER, DOUG MILLER030911 GYM MONITOR FOR 3 ON 3 BASKETBALL 3 ON 3 BASKETBALL MONITOR IN ANDERSON 22Page: Packet Page 52 of 313 03/24/2011 Voucher List City of Edmonds 23 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124574 3/24/2011 (Continued)072223 MILLER, DOUG 001.000.640.575.520.410.00 102.00 Total :102.00 124575 3/24/2011 073607 NATIONAL BANNER SUPPLY 6680 Recycle - "Sound Starts Here" Banner Recycle - "Sound Starts Here" Banner 411.000.652.542.400.490.00 105.55 Total :105.55 124576 3/24/2011 024001 NC MACHINERY CO SECS0520762 Unit 57- Switch Unit 57- Switch 511.000.657.548.680.310.00 16.80 Freight 511.000.657.548.680.310.00 15.48 9.5% Sales Tax 511.000.657.548.680.310.00 3.07 Total :35.35 124577 3/24/2011 024302 NELSON PETROLEUM 0446912-IN Unit 14 - Filters Unit 14 - Filters 511.000.657.548.680.310.00 70.47 9.5% Sales Tax 511.000.657.548.680.310.00 6.69 Fleet Filter Inventory0447865-IN Fleet Filter Inventory 511.000.657.548.680.340.40 191.08 Bulk Oil (175 Gal) 511.000.657.548.680.340.21 1,372.00 9.5% Sales Tax 511.000.657.548.680.340.40 18.15 9.5% Sales Tax 511.000.657.548.680.340.21 130.34 Unit 70 - Antifreeze0448701-IN Unit 70 - Antifreeze 511.000.657.548.680.310.00 32.00 9.5% Sales Tax 23Page: Packet Page 53 of 313 03/24/2011 Voucher List City of Edmonds 24 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124577 3/24/2011 (Continued)024302 NELSON PETROLEUM 511.000.657.548.680.310.00 3.04 Total :1,823.77 124578 3/24/2011 061013 NORTHWEST CASCADE INC 1-262050 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: MARINA BEACH 001.000.640.576.800.450.00 412.76 HONEY BUCKET RENTAL1-262534 HONEY BUCKET RENTAL: PINE STREEET PARK 001.000.640.576.800.450.00 161.05 HONEY BUCKET RENTAL1-262535 HONEY BUCKET RENTAL: EDMONDS ELEMENTARY 001.000.640.576.800.450.00 161.05 HONEY BUCKET RENTAL1-262536 HONEY BUCKET RENTAL: SIERRA PARK 001.000.640.576.800.450.00 161.05 HONEY BUCKET RENTAL1-263594 HONEY BUCKET RENTAL: CIV IC CENTER 001.000.640.576.800.450.00 189.87 Total :1,085.78 124579 3/24/2011 063511 OFFICE MAX INC 270758 INV#270758 ACCT#520437 250POL EDMONDS PD HEAVY DUTY FASTENERS 001.000.410.521.100.310.00 2.68 BALLPOINT PENS-CLERKS AREA 001.000.410.521.100.310.00 3.32 STENO BOOKS 001.000.410.521.100.310.00 12.12 BOTTLE ENVELOPE MOISTENER 001.000.410.521.100.310.00 4.98 RETRACTABLE PENS 001.000.410.521.100.310.00 68.10 9.5% Sales Tax 001.000.410.521.100.310.00 8.67 INV#287750 ACCT#520437 250POL EDMONDS PD287750 CERTIFICATE HOLDERS 24Page: Packet Page 54 of 313 03/24/2011 Voucher List City of Edmonds 25 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124579 3/24/2011 (Continued)063511 OFFICE MAX INC 001.000.410.521.100.310.00 28.58 DYMO ADDRESS LABELS 001.000.410.521.100.310.00 24.63 9.5% Sales Tax 001.000.410.521.100.310.00 5.06 Total :158.14 124580 3/24/2011 063511 OFFICE MAX INC 279095 PENS, TAPE, NOTES SELF STICK NOTES, PENS, ADDING MACHINE 001.000.640.574.100.310.00 24.90 9.5% Sales Tax 001.000.640.574.100.310.00 2.36 Total :27.26 124581 3/24/2011 063511 OFFICE MAX INC 250019 OFFICE SUPPLIES Office supplies 001.000.250.514.300.310.00 130.18 9.5% Sales Tax 001.000.250.514.300.310.00 12.36 OFFICE SUPPLIES261626 Office Supplies 001.000.250.514.300.310.00 69.38 9.5% Sales Tax 001.000.250.514.300.310.00 6.59 Total :218.51 124582 3/24/2011 063511 OFFICE MAX INC 116337 PW Admin - Office Supplies - Report PW Admin - Office Supplies - Report 001.000.650.519.910.310.00 72.87 9.5% Sales Tax 001.000.650.519.910.310.00 6.93 PW Admin - Pens, Duster for computers224079 PW Admin - Pens, Duster for computers 001.000.650.519.910.310.00 197.34 Water/Sewer/Storm - Utility 25Page: Packet Page 55 of 313 03/24/2011 Voucher List City of Edmonds 26 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124582 3/24/2011 (Continued)063511 OFFICE MAX INC 411.000.652.542.900.310.00 128.52 9.5% Sales Tax 001.000.650.519.910.310.00 18.74 9.5% Sales Tax 411.000.652.542.900.310.00 12.21 PW - Report Covers228395 PW - Report Covers 001.000.650.519.910.310.00 37.08 9.5% Sales Tax 001.000.650.519.910.310.00 3.52 PW - Ink for HP1200 Printer279977 PW - Ink for HP1200 Printer 001.000.650.519.910.310.00 139.93 9.5% Sales Tax 001.000.650.519.910.310.00 13.30 Total :630.44 124583 3/24/2011 025889 OGDEN MURPHY AND WALLACE 690041 FEB-11 RETAINER LEGAL FEES February 2011 retainer fees 001.000.360.515.100.410.00 15,806.06 02-11 LEGAL FEES690256 Legal Fees 001.000.360.515.100.410.00 20,844.10 Total :36,650.16 124584 3/24/2011 025889 OGDEN MURPHY AND WALLACE 690041 City Council Attorney Fees for 2/11~ City Council Attorney Fees for 2/11~ 001.000.110.511.100.410.00 3,680.30 Total :3,680.30 124585 3/24/2011 071402 PACIFIC NW FLOAT TRIPS PACNWFLOAT14256 SKAGIT RIVER ESTUARY BIRDING SKAGIT RIVER ESTUARY BIRDING ADVENTURE 001.000.640.574.200.410.00 295.90 Total :295.90 26Page: Packet Page 56 of 313 03/24/2011 Voucher List City of Edmonds 27 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124586 3/24/2011 066339 PACIFIC OFFICE AUTOMATION C59467 Color copy overage fee Color copy overage fee 411.000.654.534.800.480.00 28.08 Color copy overage fee 411.000.655.535.800.480.00 28.08 Color copy overage fee 411.000.652.542.900.480.00 28.08 Color copy overage fee 111.000.653.542.900.480.00 28.06 9.5% Sales Tax 411.000.654.534.800.480.00 2.67 9.5% Sales Tax 411.000.655.535.800.480.00 2.67 9.5% Sales Tax 411.000.652.542.900.480.00 2.67 9.5% Sales Tax 111.000.653.542.900.480.00 2.66 Total :122.97 124587 3/24/2011 027165 PARKER PAINT MFG. CO.INC.011618 Yost Park - Paint Supplies Yost Park - Paint Supplies 001.000.651.519.920.310.00 15.62 9.5% Sales Tax 001.000.651.519.920.310.00 1.48 Total :17.10 124588 3/24/2011 069690 PERFORMANCE RADIATOR 3327925 Unit 776 - Radiator Unit 776 - Radiator 511.000.657.548.680.310.00 149.00 Total :149.00 124589 3/24/2011 069065 PIONEER RESEARCH CORP 222097 GRAFFITI WIPES GRAFFITI WIPES 001.000.640.576.800.310.00 523.50 Freight 001.000.640.576.800.310.00 20.92 27Page: Packet Page 57 of 313 03/24/2011 Voucher List City of Edmonds 28 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :544.42124589 3/24/2011 069065 069065 PIONEER RESEARCH CORP 124590 3/24/2011 064552 PITNEY BOWES 3833100MR11 POSTAGE METER LEASE Lease 2/28 to 3/30 001.000.250.514.300.450.00 866.00 Total :866.00 124591 3/24/2011 071811 PONY MAIL BOX & BUSINESS CTR 191659 INV#191659 ACCT#2772 - EDMONDS PD RETURN TASER FOR REPAIR 001.000.410.521.100.420.00 12.18 Total :12.18 124592 3/24/2011 029117 PORT OF EDMONDS 03870 CITY OF EDMONDS STORMWATER Pier StormWater Rent for 001.000.640.576.800.470.00 2,013.19 UNIT F1 B1 FUEL04371 Fire Boat - Fuel 511.000.657.548.680.320.00 234.33 Total :2,247.52 124593 3/24/2011 073609 PROPERTY COUNSELORS 1 Consultant for Commercial Centers. Consultant for Commercial Centers. 001.000.620.558.600.410.00 9,245.00 Total :9,245.00 124594 3/24/2011 064088 PROTECTION ONE 1988948 FAC 24 Hr Alarm Monitoring & Fire 001.000.651.519.920.420.00 201.75 Alarm Monitoring for Library 4/1-6/30/112422756 Alarm Monitoring for Library 4/1-6/30/11 001.000.651.519.920.420.00 188.70 PW ALARM MONITORING730531 24 hour Alarm Monitoring PW 4/1-6/30/11 411.000.654.534.800.420.00 22.71 24 hour Alarm Monitoring PW 4/1-6/30/11 411.000.655.535.800.420.00 22.71 24 hour Alarm Monitoring PW 4/1-6/30/11 28Page: Packet Page 58 of 313 03/24/2011 Voucher List City of Edmonds 29 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124594 3/24/2011 (Continued)064088 PROTECTION ONE 411.000.652.542.900.420.00 20.44 24 hour Alarm Monitoring PW 4/1-6/30/11 111.000.653.542.900.420.00 26.12 24 hour Alarm Monitoring PW 4/1-6/30/11 511.000.657.548.680.420.00 11.36 24 hour Alarm Monitoring PW 4/1-6/30/11 001.000.650.519.910.420.00 10.22 Total :504.01 124595 3/24/2011 030780 QUIRING MONUMENTS INC 116051 INSCRIPTION INSCRIPTION: POSTMA 130.000.640.536.200.340.00 80.00 INSCRIPTION116052 INSCRIPTION: OLSON 130.000.640.536.200.340.00 80.00 INSCRIPTION116053 INSCRIPTION: SCHMIDT 130.000.640.536.200.340.00 80.00 Total :240.00 124596 3/24/2011 033500 SAHLBERG EQUIPMENT INC 51852 Storm - 1" Standard Nozzel Storm - 1" Standard Nozzel 411.000.652.542.400.310.00 110.00 Freight 411.000.652.542.400.310.00 22.00 9.5% Sales Tax 411.000.652.542.400.310.00 12.54 Total :144.54 124597 3/24/2011 066964 SEATTLE AUTOMOTIVE DIST INC 03-089361 Unit 93 - Battery Unit 93 - Battery 511.000.657.548.680.310.00 68.94 9.5% Sales Tax 511.000.657.548.680.310.00 6.55 Unit 651 - Trans Fluid03-089810 29Page: Packet Page 59 of 313 03/24/2011 Voucher List City of Edmonds 30 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124597 3/24/2011 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC Unit 651 - Trans Fluid 511.000.657.548.680.310.00 80.64 9.5% Sales Tax 511.000.657.548.680.310.00 7.66 Unit 7 - Battery03-090163 Unit 7 - Battery 511.000.657.548.680.310.00 74.98 Unit 649 - Battery 511.000.657.548.680.310.00 78.42 9.5% Sales Tax 511.000.657.548.680.310.00 14.57 Unit 51 - Brake Line Kit, Oil Seal03-090260 Unit 51 - Brake Line Kit, Oil Seal 511.000.657.548.680.310.00 126.80 9.5% Sales Tax 511.000.657.548.680.310.00 12.05 Unit 42 - V belt, Tensionerd03-090990 Unit 42 - V belt, Tensionerd 511.000.657.548.680.310.00 70.99 9.5% Sales Tax 511.000.657.548.680.310.00 6.74 Unit 121 - Battery03-091098 Unit 121 - Battery 511.000.657.548.680.310.00 69.84 9.5% Sales Tax 511.000.657.548.680.310.00 6.63 Unit 70 - Switch Assembly03-091178 Unit 70 - Switch Assembly 511.000.657.548.680.310.00 19.83 9.5% Sales Tax 511.000.657.548.680.310.00 1.88 Unit 133 - Antifreeze03-092207 Unit 133 - Antifreeze 511.000.657.548.680.310.00 31.96 30Page: Packet Page 60 of 313 03/24/2011 Voucher List City of Edmonds 31 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124597 3/24/2011 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC 9.5% Sales Tax 511.000.657.548.680.310.00 3.04 Unit 48 - Filter03-093291 Unit 48 - Filter 511.000.657.548.680.310.00 11.00 9.5% Sales Tax 511.000.657.548.680.310.00 1.05 Unit 38 - Battery03-093332 Unit 38 - Battery 511.000.657.548.680.310.00 68.94 9.5% Sales Tax 511.000.657.548.680.310.00 6.55 Unit 796 - Front Disc Pad Kit, Front03-094694 Unit 796 - Front Disc Pad Kit, Front 511.000.657.548.680.310.00 183.91 9.5% Sales Tax 511.000.657.548.680.310.00 17.47 Unit 128 - Brake Pad, Rotor Assembly,03-095208 Unit 128 - Brake Pad, Rotor Assembly, 511.000.657.548.680.310.00 217.19 9.5% Sales Tax 511.000.657.548.680.310.00 20.63 Unit 424 - Battery03-095234 Unit 424 - Battery 511.000.657.548.680.310.00 78.42 9.5% Sales Tax 511.000.657.548.680.310.00 7.45 Unit 135 - Battery03-096114 Unit 135 - Battery 511.000.657.548.680.310.00 68.07 9.5% Sales Tax 511.000.657.548.680.310.00 6.47 Unit 891 - A/TR Filter Kit03-096811 Unit 891 - A/TR Filter Kit 31Page: Packet Page 61 of 313 03/24/2011 Voucher List City of Edmonds 32 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124597 3/24/2011 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC 511.000.657.548.680.310.00 27.12 9.5% Sales Tax 511.000.657.548.680.310.00 2.58 Unit 891 - Dexron03-097054 Unit 891 - Dexron 511.000.657.548.680.310.00 51.36 9.5% Sales Tax 511.000.657.548.680.310.00 4.88 Unit 891 - Battery03-097153 Unit 891 - Battery 511.000.657.548.680.310.00 64.89 9.5% Sales Tax 511.000.657.548.680.310.00 6.16 Unit 55 - Battery03-097557 Unit 55 - Battery 511.000.657.548.680.310.00 67.43 9.5% Sales Tax 511.000.657.548.680.310.00 6.41 Unit 51 - Fuel Cap Assembly03-097634 Unit 51 - Fuel Cap Assembly 511.000.657.548.680.310.00 14.20 9.5% Sales Tax 511.000.657.548.680.310.00 1.35 Unit 775 - Shock Absorbers03-098057 Unit 775 - Shock Absorbers 511.000.657.548.680.310.00 91.22 9.5% Sales Tax 511.000.657.548.680.310.00 8.67 Unit 55 - Battery03-098064 Unit 55 - Battery 511.000.657.548.680.310.00 84.46 9.5% Sales Tax 511.000.657.548.680.310.00 8.02 Unit 413 - A/TR Filter Kit03-098149 32Page: Packet Page 62 of 313 03/24/2011 Voucher List City of Edmonds 33 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124597 3/24/2011 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC Unit 413 - A/TR Filter Kit 511.000.657.548.680.310.00 27.12 9.5% Sales Tax 511.000.657.548.680.310.00 2.58 Unit 776 - Spark plugs03-098559 Unit 776 - Spark plugs 511.000.657.548.680.310.00 25.44 9.5% Sales Tax 511.000.657.548.680.310.00 2.42 Fleet Returns - Coil, Fuel Pump,05-372291 Fleet Returns - Coil, Fuel Pump, 511.000.657.548.680.310.00 -249.98 9.5% Sales Tax 511.000.657.548.680.310.00 -23.75 Fleet Returns - Front Brk Hose05-373241 Fleet Returns - Front Brk Hose 511.000.657.548.680.310.00 -40.83 9.5% Sales Tax 511.000.657.548.680.310.00 -3.88 Unit 776 - Alternator05-725725 Unit 776 - Alternator 511.000.657.548.680.310.00 225.49 Freight 511.000.657.548.680.310.00 18.00 9.5% Sales Tax 511.000.657.548.680.310.00 23.13 Total :1,813.16 124598 3/24/2011 067076 SEATTLE PUMP AND EQUIPMENT CO 10-4169 Unit 31 - Door Gasket Unit 31 - Door Gasket 511.000.657.548.680.310.00 287.59 9.5% Sales Tax 511.000.657.548.680.310.00 27.32 Total :314.91 33Page: Packet Page 63 of 313 03/24/2011 Voucher List City of Edmonds 34 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124599 3/24/2011 036950 SIX ROBBLEES INC 14-228578 Unit 138 - Supplies Unit 138 - Supplies 511.000.657.548.680.310.00 60.57 9.5% Sales Tax 511.000.657.548.680.310.00 5.75 Unit 138 - Cement14-228578-1 Unit 138 - Cement 511.000.657.548.680.310.00 12.04 9.5% Sales Tax 511.000.657.548.680.310.00 1.14 Unit 138 - Supplies14-229070 Unit 138 - Supplies 511.000.657.548.680.310.00 17.47 9.5% Sales Tax 511.000.657.548.680.310.00 1.66 Total :98.63 124600 3/24/2011 037375 SNO CO PUD NO 1 2007-1403-8 18500 82ND AVE W 18500 82ND AVE W 001.000.640.576.800.470.00 91.65 23700 104TH AVE W2011-8453-8 23700 104TH AVE W 001.000.640.576.800.470.00 242.34 8030 185TH ST SW2011-9708-4 8030 185TH ST SW 001.000.640.576.800.470.00 243.48 100 DAYTON ST2012-3682-5 100 DAYTON ST 001.000.640.576.800.470.00 679.50 PARK GAZEBO2013-8327-0 PARK GAZEBO 001.000.640.576.800.470.00 31.55 1341 9TH AVE N2022-5062-7 1341 9TH AVE N 001.000.640.576.800.470.00 31.55 34Page: Packet Page 64 of 313 03/24/2011 Voucher List City of Edmonds 35 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,320.07124600 3/24/2011 037375 037375 SNO CO PUD NO 1 124601 3/24/2011 037375 SNO CO PUD NO 1 200496834 LIFT STATION #10 17526 TALBOT RD LIFT STATION #10 411.000.655.535.800.470.00 137.48 LIFT STATION #2 912 CARY RD200563385 LIFT STATION #2 411.000.655.535.800.470.00 76.37 4 WAY LIGHT 224TH 76TH200594885 SIGNAL LIGHT 111.000.653.542.640.470.00 84.38 SEAVIEW RESERVOIR 18520 90TH W200739845 SEAVIEW RESERVOIR 411.000.654.534.800.470.00 31.55 SCHOOL LIGHT 21506 84TH W201151420 SCHOOL FLASHING LIGHT 111.000.653.542.640.470.00 31.04 SCHOOL LIGHT 9110 OVD201431236 SCHOOL FLASHING LIGHT 111.000.653.542.640.470.00 31.55 LIBRARY201551744 LIBRARY 001.000.651.519.920.470.00 2,788.76 Public Works201942489 Public Works 001.000.650.519.910.470.00 94.86 Public Works 111.000.653.542.900.470.00 360.45 Public Works 411.000.654.534.800.470.00 360.45 Public Works 411.000.655.535.800.470.00 360.45 Public Works 511.000.657.548.680.470.00 360.45 Public Works 411.000.652.542.900.470.00 360.44 35Page: Packet Page 65 of 313 03/24/2011 Voucher List City of Edmonds 36 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124601 3/24/2011 (Continued)037375 SNO CO PUD NO 1 PUBLIC SAFETY COMPLEX202291662 PUBLIC SAFETY COMPLEX 001.000.651.519.920.470.00 5,098.52 CITY HALL202439246 CITY HALL 001.000.651.519.920.470.00 3,465.44 Total :13,642.19 124602 3/24/2011 037376 SNO CO PUD NO 1 DC16644 Street - PUD Repairs - 20503 88th Ave W Street - PUD Repairs - 20503 88th Ave W 111.000.653.542.630.480.00 770.18 Total :770.18 124603 3/24/2011 006630 SNOHOMISH COUNTY I000268726 SOLID WASTE CHARGES 57736 SOLID WASTE CHARGES 001.000.640.576.800.470.00 362.00 Total :362.00 124604 3/24/2011 038410 SOUND SAFETY PRODUCTS 4179636-01 Street - Work Jeans, Sweatshirt - D Street - Work Jeans, Sweatshirt - D 111.000.653.542.900.240.00 211.25 9.5% Sales Tax 111.000.653.542.900.240.00 20.07 Street - Sweatshirt - C Hiatt4179673-01 Street - Sweatshirt - C Hiatt 111.000.653.542.900.240.00 56.50 9.5% Sales Tax 111.000.653.542.900.240.00 5.37 Street - Work Jacket - B Sanders4179698-01 Street - Work Jacket - B Sanders 111.000.653.542.900.240.00 70.00 9.5% Sales Tax 111.000.653.542.900.240.00 6.65 Storm - Work Jacket - K Harris4179742-01 Storm - Work Jacket - K Harris 36Page: Packet Page 66 of 313 03/24/2011 Voucher List City of Edmonds 37 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124604 3/24/2011 (Continued)038410 SOUND SAFETY PRODUCTS 411.000.652.542.900.240.00 70.00 9.5% Sales Tax 411.000.652.542.900.240.00 6.65 Street - Work Jeans (5) - C Hiatt4180191-01 Street - Work Jeans (5) - C Hiatt 111.000.653.542.900.240.00 230.00 9.5% Sales Tax 111.000.653.542.900.240.00 21.85 Street - Work Jacket- T Hanson4180784-01 Street - Work Jacket- T Hanson 111.000.653.542.900.240.00 80.00 9.5% Sales Tax 111.000.653.542.900.240.00 7.60 Fac Maint - Supplies4181140-01 Fac Maint - Supplies 001.000.651.519.920.310.00 26.25 9.5% Sales Tax 001.000.651.519.920.310.00 2.49 Total :814.68 124605 3/24/2011 060371 STANDARD INSURANCE CO april 2011 Standard APRIL 2011 STANDARD INSURANCE PREMIUMS April 2011 Standard Insurance premiums 811.000.000.231.550.000.00 13,657.55 Total :13,657.55 124606 3/24/2011 065373 STI-CO INDUSTRIES INC 0000108606 Unit 15 - VHF Unit 15 - VHF 511.000.657.548.680.310.00 289.60 Freight 511.000.657.548.680.310.00 14.31 Total :303.91 124607 3/24/2011 040430 STONEWAY ELECTRIC SUPPLY 2443755 YOST POOL SUPPLIES YOST POOL WIRING SUPPLIES 001.000.640.576.800.310.00 61.80 37Page: Packet Page 67 of 313 03/24/2011 Voucher List City of Edmonds 38 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124607 3/24/2011 (Continued)040430 STONEWAY ELECTRIC SUPPLY 9.5% Sales Tax 001.000.640.576.800.310.00 5.87 Total :67.67 124608 3/24/2011 040430 STONEWAY ELECTRIC SUPPLY 2450482 Library - Elect Suppleis Library - Elect Suppleis 001.000.651.519.920.310.00 1,774.00 9.5% Sales Tax 001.000.651.519.920.310.00 168.53 Total :1,942.53 124609 3/24/2011 040917 TACOMA SCREW PRODUCTS INC 10119365 Traffic Control - Scews, Supplies Traffic Control - Scews, Supplies 111.000.653.542.640.310.00 306.16 9.5% Sales Tax 111.000.653.542.640.310.00 29.09 Roadway - Paint, Sweep Supplies10120624 Roadway - Paint, Sweep Supplies 111.000.653.542.310.310.00 555.55 9.5% Sales Tax 111.000.653.542.310.310.00 52.78 Street - Upside down Fluorescent Orange10121197 Street - Upside down Fluorescent Orange 111.000.653.542.610.310.00 301.21 9.5% Sales Tax 111.000.653.542.610.310.00 28.62 Street/Storm - Work Gloves18928517 Street/Storm - Work Gloves 111.000.653.542.900.240.00 39.11 Street/Storm - Work Gloves 411.000.652.542.900.240.00 39.11 9.5% Sales Tax 111.000.653.542.900.240.00 3.72 9.5% Sales Tax 411.000.652.542.900.240.00 3.71 38Page: Packet Page 68 of 313 03/24/2011 Voucher List City of Edmonds 39 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,359.06124609 3/24/2011 040917 040917 TACOMA SCREW PRODUCTS INC 124610 3/24/2011 009350 THE DAILY HERALD COMPANY I01729539-03072011 E1AA.RFQ ADVERTISING E1AA.RFQ Advertising 112.200.630.595.330.410.00 227.28 Total :227.28 124611 3/24/2011 041960 TOWN & COUNTRY FENCE INC 42644 FENCING MATERIALS CHAINLINK MATERIALS 001.000.640.576.800.310.00 56.00 9.5% Sales Tax 001.000.640.576.800.310.00 5.32 Total :61.32 124612 3/24/2011 073604 TRI-COUNTY LAND SURVEYING CO 10-098 E6DB.CASPERS SURVEYING E6DB.Caspers Surveying 112.200.630.595.330.410.00 290.00 Total :290.00 124613 3/24/2011 062693 US BANK 2143 MICROSOFT TECH SUP,DOMAIN NAME, TECIT,HP Microsoft Tech Support Call for C.Hite 001.000.640.574.100.410.00 259.00 greenedmonds.info domain name 001.000.310.518.880.490.00 12.95 Tec-it Barcode Studio 2D license 001.000.310.518.880.310.00 115.00 HP dc7800/dc7900 IWC Stand ALL 001.000.310.518.880.350.00 89.98 ACCIS 2011 Spring Conference 001.000.310.518.880.490.00 250.00 HP 8000EU/E8400/160hq/4W/27k 001.000.310.518.880.480.00 651.53 L-com Global connectivity 9/125 001.000.310.518.880.480.00 240.95 Printertechs.com refurbished LaserJet 001.000.410.521.100.350.00 314.00 39Page: Packet Page 69 of 313 03/24/2011 Voucher List City of Edmonds 40 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124613 3/24/2011 (Continued)062693 US BANK Newegg.com - 9 each 16GB 2.0 Flash 001.000.310.518.880.350.00 305.91 Total :2,239.32 124614 3/24/2011 062693 US BANK 4675 CREDIT CARD TRANSACTIONS GUIDE TO GRANT WRITING BOOK 117.100.640.573.100.490.00 16.74 GYMNASTICS MATS 001.000.640.575.550.350.00 1,612.00 DISCOVERY PROGRAM SUPPLIES 001.000.640.574.350.310.00 4.99 STORMING THE SOUND REGISTRATION: 001.000.640.574.350.490.00 32.04 CEMETERY ADVERTISING IN MY EDMONDS NEWS 130.000.640.536.200.440.00 324.00 MEADOWDALE PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 114.40 EGG HUNT SUPPLIES 001.000.640.574.200.310.00 119.76 GLOVES FOR PRESCHOOL 001.000.640.575.560.310.00 10.93 WRITE ON THE SOUND ADVERTISING 123.000.640.573.100.440.00 500.00 Total :2,734.86 124615 3/24/2011 062693 US BANK 3355 Svc Fees Svc Fees 111.000.653.542.900.310.00 2.00 NEEC - 2011 BOC Cert Renewal - D3405 NEEC - 2011 BOC Cert Renewal - D 001.000.651.519.920.490.00 55.00 NEEC - 2011 BOC Cert Renewal - D Housler 001.000.651.519.920.490.00 55.00 Guardian Security - Old PW Security 001.000.651.519.920.480.00 55.00 40Page: Packet Page 70 of 313 03/24/2011 Voucher List City of Edmonds 41 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124615 3/24/2011 (Continued)062693 US BANK Air Control - Stainless Steel Filters3546 Air Control - Stainless Steel Filters 411.000.655.535.800.310.00 199.29 HP - Printer and Ink Supplies - Sewer 411.000.655.535.800.310.00 221.14 Verizon - Car Chargers - PW 001.000.650.519.910.310.00 49.26 Total :636.69 124616 3/24/2011 068724 US HEALTHWORKS MED GROUP OF WA0352401-WA Sewer - Dot Sewer - Dot 411.000.655.535.800.410.00 65.00 Total :65.00 124617 3/24/2011 064214 USSSA WASHINGTON STATE 349 TEAM REGISTRATIONS MEN'S AND MIXED TEAM SOFTBALL 001.000.640.575.520.490.00 1,435.00 Total :1,435.00 124618 3/24/2011 067865 VERIZON WIRELESS 0958690012 C/A 671247844-00001 Cell Service-Bldg 001.000.620.524.100.420.00 120.80 Cell Service-Eng 001.000.620.532.200.420.00 147.23 Cell Service Fac-Maint 001.000.651.519.920.420.00 115.61 Cell Service-Parks Discovery Program 001.000.640.574.350.420.00 13.36 Cell Service Parks Maint 001.000.640.576.800.420.00 58.60 Cell Service-PD 001.000.410.521.220.420.00 479.89 Cell Service-Planning 001.000.620.558.600.420.00 26.72 Cell Service-PW Street 41Page: Packet Page 71 of 313 03/24/2011 Voucher List City of Edmonds 42 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124618 3/24/2011 (Continued)067865 VERIZON WIRELESS 111.000.653.542.900.420.00 26.86 Cell Service-PW Storm 411.000.652.542.900.420.00 26.72 Cell Service-PW Water/Sewer 411.000.655.535.800.420.00 40.65 Cell Service-PW Water/Sewer 411.000.654.534.800.420.00 40.65 Cell Service-PW Fleet 511.000.657.548.680.420.00 14.64 Cell Service-WWTP 411.000.656.538.800.420.00 40.08 Total :1,151.81 124619 3/24/2011 067195 WASHINGTON TREE EXPERTS 06-8431 Street - 15220 75th Pl W - Remove only Street - 15220 75th Pl W - Remove only 111.000.653.542.710.480.00 275.00 9.5% Sales Tax 111.000.653.542.710.480.00 26.13 Total :301.13 124620 3/24/2011 073552 WELCO SALES LLC 5054 ENVELOPES PARK AND RECREATION ENVELOPES 001.000.640.574.100.310.00 68.76 9.5% Sales Tax 001.000.640.574.100.310.00 6.53 LETTERHEAD5065 PARKS & RECREATION LETTERHEAD 001.000.640.574.100.310.00 24.00 9.5% Sales Tax 001.000.640.574.100.310.00 2.28 Total :101.57 124621 3/24/2011 068106 WELCOME COMMUNICATIONS 7164 Unit 649- Computer Holder Unit 649- Computer Holder 511.000.657.548.680.310.00 75.99 42Page: Packet Page 72 of 313 03/24/2011 Voucher List City of Edmonds 43 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124621 3/24/2011 (Continued)068106 WELCOME COMMUNICATIONS Freight 511.000.657.548.680.310.00 6.95 9.5% Sales Tax 511.000.657.548.680.310.00 7.88 Total :90.82 124622 3/24/2011 061286 WESTERN FLUID COMPONENTS I-61244-0 Unit 137 - Jackhammer Unit 137 - Jackhammer 511.000.657.548.680.310.00 139.53 9.5% Sales Tax 511.000.657.548.680.310.00 13.26 Unit 11 - SuppliesP-60486-0 Unit 11 - Supplies 511.000.657.548.680.310.00 87.27 9.5% Sales Tax 511.000.657.548.680.310.00 8.29 Total :248.35 124623 3/24/2011 065869 WSNLA EDHOUSE2011 EDHOUSE MEMBERSHIP RENEWAL ANNUAL MEMBERSHIP: JEREMY EDHOUSE 001.000.640.576.800.490.00 50.00 Total :50.00 124624 3/24/2011 070432 ZACHOR & THOMAS PS INC 933 MARCH-2011 RETAINER March-2011 Retainer 001.000.360.515.230.410.00 13,000.00 Total :13,000.00 124625 3/24/2011 073606 ZHANG, YITAO ZHANG03172011 REFUND REFUND DUE TO CANCELLED CLASS 001.000.000.239.200.000.00 40.00 Total :40.00 124626 3/24/2011 051282 ZUMAR INDUSTRIES INC 0146316 Work Order - 30"x36"x.080 Alum Sign Work Order - 30"x36"x.080 Alum Sign 43Page: Packet Page 73 of 313 03/24/2011 Voucher List City of Edmonds 44 8:33:38AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124626 3/24/2011 (Continued)051282 ZUMAR INDUSTRIES INC 412.100.630.594.320.650.00 625.50 Freight 412.100.630.594.320.650.00 42.48 9.5% Sales Tax 412.100.630.594.320.650.00 63.46 Traffic Control - Perforated Tubes0146441 Traffic Control - Perforated Tubes 111.000.653.542.640.310.00 130.52 Freight 111.000.653.542.640.310.00 84.13 9.5% Sales Tax 111.000.653.542.640.310.00 20.39 Total :966.48 Bank total :637,329.90113 Vouchers for bank code :front 637,329.90Total vouchers :Vouchers in this report113 44Page: Packet Page 74 of 313 03/31/2011 Voucher List City of Edmonds 1 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124627 3/28/2011 073610 CITY OF LOS ANGELES FODS112011 FODS112011 - BALLISTIC HELMETS - EDMONDS 56 ballistic helmets + 4 @ no charge 001.000.410.521.220.310.00 1,400.00 Total :1,400.00 124628 3/31/2011 070322 A&A LANGUAGE SERVICES INC 31811 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.501.410.01 3,021.00 Total :3,021.00 124629 3/31/2011 061029 ABSOLUTE GRAPHIX 311100 BASKETBALL & VOLLEYBALL SHIRTS 3-ON-3 BASKETBALL, WOMEN'S & CO-ED 001.000.640.575.520.310.00 367.96 9.5% Sales Tax 001.000.640.575.520.310.00 34.96 Total :402.92 124630 3/31/2011 066054 ADIX'S BED & BATH FOR DOGS AND ADIX APRIL 2011 ANIMAL BOARDING FOR 04/11 EDMONDS PD ANIMAL BOARDING FOR APRIL 2011 001.000.410.521.700.410.00 2,032.66 Total :2,032.66 124631 3/31/2011 071177 ADVANTAGE BUILDING SERVICES 11-139 JANITORIAL SERVICE JANITORIAL SERVICE 411.000.656.538.800.410.23 334.00 Total :334.00 124632 3/31/2011 066417 AIRGAS NOR PAC INC 101100475 M5Z34 CARBON MONOXIDE 411.000.656.538.800.310.21 433.23 Freight 411.000.656.538.800.310.21 20.00 9.5% Sales Tax 411.000.656.538.800.310.21 43.06 Total :496.29 1Page: Packet Page 75 of 313 03/31/2011 Voucher List City of Edmonds 2 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124633 3/31/2011 061540 ALLIED WASTE SERVICES 0197-001318938 0-0197-0807770 RECYCLE ROLL OFF 411.000.656.538.800.475.66 10.64 Total :10.64 124634 3/31/2011 065568 ALLWATER INC 031111039 COEWASTE DRINKING WATER 411.000.656.538.800.310.11 44.46 Total :44.46 124635 3/31/2011 064335 ANALYTICAL RESOURCES INC SL40 EDMONDS NPDES SAMPLING 411.000.656.538.800.410.31 130.00 Total :130.00 124636 3/31/2011 069751 ARAMARK 655-5460320 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 124637 3/31/2011 069751 ARAMARK 655-5447917 21580001 UNIFORMS 411.000.656.538.800.240.00 67.38 9.5% Sales Tax 411.000.656.538.800.240.00 6.40 Total :73.78 124638 3/31/2011 069751 ARAMARK 655-5403278 STREET/STORM UNIFORM SVC Street Storm Uniform Svc 111.000.653.542.900.240.00 14.75 Street Storm Uniform Svc 411.000.652.542.900.240.00 14.75 9.5% Sales Tax 111.000.653.542.900.240.00 1.40 2Page: Packet Page 76 of 313 03/31/2011 Voucher List City of Edmonds 3 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124638 3/31/2011 (Continued)069751 ARAMARK 9.5% Sales Tax 411.000.652.542.900.240.00 1.40 STREET/STORM UNIFORM SVC655-5415623 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 STREET/STORM UNIFORM SVC655-5427855 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FAC MAINT UNIFORM SVC655-5435660 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5440384 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 3Page: Packet Page 77 of 313 03/31/2011 Voucher List City of Edmonds 4 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124638 3/31/2011 (Continued)069751 ARAMARK PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5440385 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FLEET UNIFORM SVC655-5440387 Fleet Uniform Svc 511.000.657.548.680.240.00 10.00 9.5% Sales Tax 511.000.657.548.680.240.00 0.95 FAC MAINT UNIFORM SVC655-5447910 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 4Page: Packet Page 78 of 313 03/31/2011 Voucher List City of Edmonds 5 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124638 3/31/2011 (Continued)069751 ARAMARK 001.000.651.519.920.240.00 3.06 PW MATS655-5452599 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5452600 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 5Page: Packet Page 79 of 313 03/31/2011 Voucher List City of Edmonds 6 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124638 3/31/2011 (Continued)069751 ARAMARK 411.000.652.542.900.240.00 0.47 FLEET UNIFORM SVC655-5452602 Fleet Uniform Svc 511.000.657.548.680.240.00 10.00 9.5% Sales Tax 511.000.657.548.680.240.00 0.95 FAC MAINT UNIFORM SVC655-5460321 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5464961 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 6Page: Packet Page 80 of 313 03/31/2011 Voucher List City of Edmonds 7 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124638 3/31/2011 (Continued)069751 ARAMARK 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 Total :270.05 124639 3/31/2011 071124 ASSOCIATED PETROLEUM 0167356-IN 01-7500014 #2 DIESEL 411.000.656.538.800.320.00 2,997.93 9.5% Sales Tax 411.000.656.538.800.320.00 284.81 Total :3,282.74 124640 3/31/2011 070305 AUTOMATIC FUNDS TRANSFER 59457 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #600 Printing 411.000.652.542.900.490.00 32.74 UB Outsourcing area #600 Printing 411.000.654.534.800.490.00 32.74 UB Outsourcing area #600 Printing 411.000.655.535.800.490.00 33.74 UB Outsourcing area #600 Postage 411.000.654.534.800.420.00 110.01 UB Outsourcing area #600 Postage 411.000.655.535.800.420.00 110.01 9.5% Sales Tax 411.000.652.542.900.490.00 3.11 9.5% Sales Tax 411.000.654.534.800.490.00 3.11 9.5% Sales Tax 411.000.655.535.800.490.00 3.21 OUT SOURCING OF UTILITY BILLS59524 UB Outsourcing area #300 Printing 411.000.652.542.900.490.00 149.85 UB Outsourcing area #300 Printing 411.000.654.534.800.490.00 149.85 UB Outsourcing area #300 Printing 411.000.655.535.800.490.00 154.39 7Page: Packet Page 81 of 313 03/31/2011 Voucher List City of Edmonds 8 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124640 3/31/2011 (Continued)070305 AUTOMATIC FUNDS TRANSFER UB Outsourcing area #300 Postage 411.000.654.534.800.420.00 479.51 UB Outsourcing area #300 Postage 411.000.655.535.800.420.00 479.51 9.5% Sales Tax 411.000.652.542.900.490.00 14.24 9.5% Sales Tax 411.000.654.534.800.490.00 14.24 9.5% Sales Tax 411.000.655.535.800.490.00 14.66 Total :1,784.92 124641 3/31/2011 002500 BLUMENTHAL UNIFORMS & EQUIP 857956 INV 857956 EDMONDS PD - BARD VEST COVER EXTERIOR VEST COVER W/POCKET 001.000.410.521.220.240.00 175.00 9.5% Sales Tax 001.000.410.521.220.240.00 16.63 INV 865570 EDMONDS PD - NAMETAGS865570 GOLD NAMETAGS 001.000.410.521.220.310.00 109.45 SILVER NAMETAGS 001.000.410.521.220.310.00 497.50 9.5% Sales Tax 001.000.410.521.220.310.00 57.66 Total :856.24 124642 3/31/2011 002500 BLUMENTHAL UNIFORMS & EQUIP 862175 INV#862175 - EDMONDS PD - HAWLEY L/S UNIFORM SHIRTS 001.000.410.521.260.240.00 179.74 SERVICE BARS 001.000.410.521.260.240.00 5.20 UNIFORM WOOL PANTS 001.000.410.521.260.240.00 217.00 TAPER SHIRT SLEEVES 001.000.410.521.260.240.00 20.00 8Page: Packet Page 82 of 313 03/31/2011 Voucher List City of Edmonds 9 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124642 3/31/2011 (Continued)002500 BLUMENTHAL UNIFORMS & EQUIP 9.5% Sales Tax 001.000.410.521.260.240.00 40.08 INV#862175-80 RETURN SHIRTS-HAWLEY862175-80 RETURN L/S UNIFORM SHIRTS 001.000.410.521.260.240.00 -179.74 9.5% Sales Tax 001.000.410.521.260.240.00 -17.08 INV#862175-80 - EDMONDS PD - HAWLEY862175-80 L/S UNIFORM SHIRT 001.000.410.521.260.240.00 89.87 9.5% Sales Tax 001.000.410.521.260.240.00 8.54 INV#864572 - EDMONDS PD - MACK864572 L/S UNIFORM SHIRT 001.000.410.521.220.240.00 89.87 SERVICE BARS 001.000.410.521.220.240.00 2.60 9.5% Sales Tax 001.000.410.521.220.240.00 8.78 INV#868768 - EDMONDS PD - SMITH, T.868768 UNIFORM WOOL PANTS 001.000.410.521.220.240.00 108.50 9.5% Sales Tax 001.000.410.521.220.240.00 10.31 Total :583.67 124643 3/31/2011 065739 BOBBY WOLFORD TRUCKING &046829 RECYCLING FEES RECYCLING CLEAN BRUSH/WOOD 001.000.640.576.800.470.00 351.00 Total :351.00 124644 3/31/2011 065739 BOBBY WOLFORD TRUCKING &046769 Recycle - Dirt, Bushes Recycle - Dirt, Bushes 411.000.652.542.320.490.00 50.00 9Page: Packet Page 83 of 313 03/31/2011 Voucher List City of Edmonds 10 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :50.00124644 3/31/2011 065739 065739 BOBBY WOLFORD TRUCKING & 124645 3/31/2011 072005 BROCKMANN, KERRY BROCKMANN13354 YOGA & PILATES CLASSES YOGA #13354 001.000.640.575.540.410.00 772.80 YOGA #13330 001.000.640.575.540.410.00 673.96 YOGA #13327 001.000.640.575.540.410.00 610.40 YOGA #13340 001.000.640.575.540.410.00 673.96 YOGA #13337 001.000.640.575.540.410.00 1,110.90 PILATES RELAXED MAT #13508 001.000.640.575.540.410.00 343.98 PILATES YOGA FUSION #13511 001.000.640.575.540.410.00 633.97 Total :4,819.97 124646 3/31/2011 071434 BRUNETTE, SISSEL BRUNETTE13428 PRENATAL YOGA PRENATAL YOGA #13428 001.000.640.575.540.410.00 154.00 Total :154.00 124647 3/31/2011 071942 CAMPBELL, JULANN CAMPBELL13279 OIL PAINTING CLASSES OIL PAINTING #13279 001.000.640.574.200.410.00 308.00 OIL PAINTING #13280 001.000.640.574.200.410.00 123.20 Total :431.20 124648 3/31/2011 003510 CENTRAL WELDING SUPPLY LY 166412 Water - Carbon Dioxide Water - Carbon Dioxide 411.000.654.534.800.310.00 42.21 9.5% Sales Tax 411.000.654.534.800.310.00 4.01 10Page: Packet Page 84 of 313 03/31/2011 Voucher List City of Edmonds 11 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :46.22124648 3/31/2011 003510 003510 CENTRAL WELDING SUPPLY 124649 3/31/2011 073616 CFO SELECTIONS LLC 6693 Professional services - J. Tarte (3/14 Professional services - J. Tarte (3/14 001.000.310.514.100.410.00 5,093.75 Professional services - J. Tarte (3/21 001.000.310.514.100.410.00 4,812.50 Total :9,906.25 124650 3/31/2011 064840 CHAPUT, KAREN E CHAPUT13470 FRIDAY NIGHT OUT FRIDAY NIGHT OUT #13470 001.000.640.574.200.410.00 39.20 Total :39.20 124651 3/31/2011 003710 CHEVRON AND TEXACO BUSINESS 551025 INV 551025 ACCT 7898395185 EDMONDS FUEL 104.000.410.521.210.320.00 250.64 Total :250.64 124652 3/31/2011 069457 CITY OF EDMONDS E9GA.ROW E9GA.ROW PERMIT E9GA.ROW Permit 412.300.630.594.320.410.00 260.00 Total :260.00 124653 3/31/2011 063902 CITY OF EVERETT I11000734 Water Quality - Water Lab Analysis Water Quality - Water Lab Analysis 411.000.654.534.800.410.00 719.10 Total :719.10 124654 3/31/2011 019215 CITY OF LYNNWOOD 8568 INV 8568 CUST # 45 EDMONDS PD - NEXTEL NEXTEL PHONES - NARCS 104.000.410.521.210.420.00 57.39 Total :57.39 124655 3/31/2011 035160 CITY OF SEATTLE 1-218359-279832 1-218359-279832 2203 N 205TH ST 411.000.656.538.800.471.62 17.28 11Page: Packet Page 85 of 313 03/31/2011 Voucher List City of Edmonds 12 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :17.28124655 3/31/2011 035160 035160 CITY OF SEATTLE 124656 3/31/2011 004095 COASTWIDE LABS W2291776 005302 PAPER TOWELA/LINERS 411.000.656.538.800.310.23 187.37 9.5% Sales Tax 411.000.656.538.800.310.23 17.80 Total :205.17 124657 3/31/2011 073292 COBURN, KAI COBURN0325 SOFTBALL FIELD ATTENDANT SOFTBALL FIELD ATTENDANT 3/25/11 001.000.640.575.520.410.00 40.00 Total :40.00 124658 3/31/2011 063507 COXLEY, BRUCE COXLEY0323 PHOTOGRAPHY ASSIGNMENT PHOTOGRAPH & RECORD POSTERS AND 117.100.640.573.100.410.00 25.00 Total :25.00 124659 3/31/2011 072042 CRACUT, DANIEL 2714 UNIFORM/CRACUT UNIFORM/CRACUT 411.000.656.538.800.240.00 350.00 Total :350.00 124660 3/31/2011 072341 CRESS, LORI Winter Qtr 2011 WINTER QTR 2011 TUITION REIMBURSEMENT Winter Quarter 2011 Tuition 001.000.310.514.230.490.00 1,057.00 Total :1,057.00 124661 3/31/2011 065961 CRYOTECH DEICING TECHNOLOGY IN24942 Street - Highway Deicer Street - Highway Deicer 111.000.653.542.660.310.00 12,552.00 Freight 111.000.653.542.660.310.00 1,705.26 9.5% Sales Tax 111.000.653.542.660.310.00 1,354.44 12Page: Packet Page 86 of 313 03/31/2011 Voucher List City of Edmonds 13 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :15,611.70124661 3/31/2011 065961 065961 CRYOTECH DEICING TECHNOLOGY 124662 3/31/2011 005965 CUES INC 341981 Sewer - Spacers for TV Truck Sewer - Spacers for TV Truck 411.000.655.535.800.310.00 97.09 Freight 411.000.655.535.800.310.00 5.21 9.5% Sales Tax 411.000.655.535.800.310.00 9.72 Total :112.02 124663 3/31/2011 064531 DINES, JEANNIE 11-3188 MINUTE TAKING 3/22 Council Minutes 001.000.250.514.300.410.00 423.00 Total :423.00 124664 3/31/2011 073037 EDMONDS ACE HARDWARE 001543/1 PARKS & RECREATION MENDERHOSE 001.000.640.576.800.310.00 9.96 9.5% Sales Tax 001.000.640.576.800.310.00 0.95 PARKS & RECREATION001544/1 COUPLINGS, UNIONS, GREASE FAUCET, ETC. 001.000.640.576.800.310.00 48.42 9.5% Sales Tax 001.000.640.576.800.310.00 4.60 PARKS AND RECREATION1447/1 BUSHINGS, UNIONS 001.000.640.576.800.310.00 13.74 9.5% Sales Tax 001.000.640.576.800.310.00 1.31 PARKS AND RECREATION1448/1 ELBOWS 001.000.640.576.800.310.00 4.74 9.5% Sales Tax 001.000.640.576.800.310.00 0.45 13Page: Packet Page 87 of 313 03/31/2011 Voucher List City of Edmonds 14 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124664 3/31/2011 (Continued)073037 EDMONDS ACE HARDWARE PARKS AND RECREATION1456/1 BUSHINGS, ELBOWS, ETC. 001.000.640.576.800.310.00 21.00 9.5% Sales Tax 001.000.640.576.800.310.00 2.00 PARKS AND RECREATION1500/1 STAPLES, WRENCHES, PLIERS, ETC. 001.000.640.576.800.310.00 64.25 9.5% Sales Tax 001.000.640.576.800.310.00 6.10 Total :177.52 124665 3/31/2011 073037 EDMONDS ACE HARDWARE 001530/1 FAC MAINT City Park Green House - Supplies 001.000.651.519.920.310.00 10.99 9.5% Sales Tax 001.000.651.519.920.310.00 1.04 FAC MAINT001531/1 PS - Fuse 001.000.651.519.920.310.00 2.79 9.5% Sales Tax 001.000.651.519.920.310.00 0.27 FAC MAINT001539/1 City Park Green House - Supplies 001.000.651.519.920.310.00 14.58 9.5% Sales Tax 001.000.651.519.920.310.00 1.39 FAC MAINT001542/1 PS - Ant Control Stakes 001.000.651.519.920.310.00 8.99 9.5% Sales Tax 001.000.651.519.920.310.00 0.85 FAC MAINT1538/1 Library - Supplies 001.000.651.519.920.310.00 4.99 14Page: Packet Page 88 of 313 03/31/2011 Voucher List City of Edmonds 15 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124665 3/31/2011 (Continued)073037 EDMONDS ACE HARDWARE 9.5% Sales Tax 001.000.651.519.920.310.00 0.47 FAC MAINT1546/1 Library - Supplies 001.000.651.519.920.310.00 7.78 9.5% Sales Tax 001.000.651.519.920.310.00 0.74 Total :54.88 124666 3/31/2011 007675 EDMONDS AUTO PARTS 32604 OIL 10/30 OIL 001.000.640.576.800.310.00 35.88 9.5% Sales Tax 001.000.640.576.800.310.00 3.41 Total :39.29 124667 3/31/2011 007675 EDMONDS AUTO PARTS 31901 Sewer LS 7 - V Belts Sewer LS 7 - V Belts 411.000.655.535.800.310.00 35.58 Freight 411.000.655.535.800.310.00 5.75 9.5% Sales Tax 411.000.655.535.800.310.00 3.93 Total :45.26 124668 3/31/2011 008705 EDMONDS WATER DIVISION 3-07490 16113 75TH PL W 16113 75TH PL W 001.000.640.576.800.470.00 55.99 18410 92ND AVE W3-38565 18410 92ND AVE W 001.000.640.576.800.470.00 27.50 CITY MARINA BEACH PARK6-00025 CITY MARINA BEACH PARK 001.000.640.576.800.470.00 103.55 CITY FISHING DOCK & RESTROOM6-00200 15Page: Packet Page 89 of 313 03/31/2011 Voucher List City of Edmonds 16 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124668 3/31/2011 (Continued)008705 EDMONDS WATER DIVISION CITY FISHING DOCK & RESTROOM 001.000.640.576.800.470.00 207.02 BRACKETT'S LANDING SOUTH6-00410 BRACKETT'S LANDING SOUTH 001.000.640.576.800.470.00 213.94 MINI PARK6-00475 MINI PARK 001.000.640.576.800.470.00 408.82 CITY PARK BALLFIELD6-01250 CITY PARK BALLFIELD 001.000.640.576.800.470.00 157.87 CITY PARK PARKING LOT6-01275 CITY PARK PARKING LOT 001.000.640.576.800.470.00 759.14 PINE STREET PLAYFIELD6-02125 PINE STREET PLAYFIELD 001.000.640.576.800.470.00 179.19 310 6TH AVE N6-02727 310 6TH AVE N 001.000.640.576.800.470.00 157.87 CIVIC CENTER PLAYFIELD - SPRINKLER6-02730 CIVIC CENTER PLAYFIELD - SPRINKLER 001.000.640.576.800.470.00 157.87 ANDERSON CULTURAL CENTER (SPRINKLER)6-02900 ANDERSON CULTURAL CENTER (SPRINKLER) 001.000.640.576.800.470.00 157.87 CIVIC CENTER PARKING LOT SPRINKLER6-03000 CIVIC CENTER PARKING LOT SPRINKLER 001.000.640.576.800.470.00 300.07 HUMMINGBIRD HILL PARK6-03275 HUMMINGBIRD HILL PARK 001.000.640.576.800.470.00 103.55 CITY MAPLEWOOD PARK6-03575 CITY MAPLEWOOD PARK 001.000.640.576.800.470.00 187.76 16Page: Packet Page 90 of 313 03/31/2011 Voucher List City of Edmonds 17 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124668 3/31/2011 (Continued)008705 EDMONDS WATER DIVISION SEAVIEW PARK SPRINKLER6-04400 SEAVIEW PARK SPRINKLER 001.000.640.576.800.470.00 157.87 8100 185TH PL SW6-04425 8100 185TH PL SW 001.000.640.576.800.470.00 320.69 SIERRA PARK6-04450 SIERRA PARK 001.000.640.576.800.470.00 228.86 BALLINGER PARK6-07775 BALLINGER PARK 001.000.640.576.800.470.00 201.57 YOST PARK SPRINKLER6-08500 YOST PARK SPRINKLER 001.000.640.576.800.470.00 749.02 YOST PARK POOL6-08525 YOST PARK POOL 001.000.640.576.800.470.00 289.12 Total :5,125.14 124669 3/31/2011 008705 EDMONDS WATER DIVISION 3-01808 LIFT STATION #11 LIFT STATION #11 411.000.655.535.800.470.00 29.87 MEADOWDALE CLUB HOUSE3-03575 MEADOWDALE CLUB HOUSE 001.000.651.519.920.470.00 223.32 LIFT STATION #123-07525 LIFT STATION #12 411.000.655.535.800.470.00 60.72 LIFT STATION #153-07709 LIFT STATION #15 411.000.655.535.800.470.00 29.87 LIFT STATION #43-09350 LIFT STATION #4 411.000.655.535.800.470.00 67.80 17Page: Packet Page 91 of 313 03/31/2011 Voucher List City of Edmonds 18 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124669 3/31/2011 (Continued)008705 EDMONDS WATER DIVISION LIFT STATION #103-09800 LIFT STATION #10 411.000.655.535.800.470.00 36.95 LIFT STATION #93-29875 LIFT STATION #9 411.000.655.535.800.470.00 268.44 Total :716.97 124670 3/31/2011 072287 EMI FILTRATION PRODUCTS LLC KENT-45999 EDMCIT HC PLEAT 411.000.656.538.800.310.21 761.52 Freight 411.000.656.538.800.310.21 54.04 9.5% Sales Tax 411.000.656.538.800.310.21 77.48 Total :893.04 124671 3/31/2011 008969 ENGLAND, CHARLES ENGLAND13490 SATURDAY NIGHT DANCE CLASSES SATURDAY NIGHT DANCE #13490 001.000.640.574.200.410.00 510.76 SATURDAY NIGHT DANCE #13486 001.000.640.574.200.410.00 420.00 SATURDAY NIGHT DANCE #13485 001.000.640.574.200.410.00 420.00 Total :1,350.76 124672 3/31/2011 067599 EWING ELECTRIC INC M839 1389 RE-INSTALL FIXTURE 411.000.656.538.800.480.22 2,469.46 9.5% Sales Tax 411.000.656.538.800.480.22 234.60 Total :2,704.06 124673 3/31/2011 009815 FERGUSON ENTERPRISES INC 0287592 Water - Lynn Trtmt Plant Mtrs Water - Lynn Trtmt Plant Mtrs 18Page: Packet Page 92 of 313 03/31/2011 Voucher List City of Edmonds 19 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124673 3/31/2011 (Continued)009815 FERGUSON ENTERPRISES INC 411.000.654.534.800.310.00 524.79 Supplies - PRV 184th & 84th 411.000.654.534.800.310.00 337.11 9.5% Sales Tax 411.000.654.534.800.310.00 81.89 Total :943.79 124674 3/31/2011 072932 FRIEDRICH, KODY FRIEDRICH13553 IRISH DANCE CLASSES IRISH DANCE FOR KIDS #13553 001.000.640.574.200.410.00 67.60 IRISH DANCE 13+ #13539 001.000.640.574.200.410.00 442.00 IRISH DANCE 13+ #13535 001.000.640.574.200.410.00 72.80 Total :582.40 124675 3/31/2011 011900 FRONTIER 425-AB8-1176 CITY PARK T1 LINE City Park T1 Line 2/16/11 - 4/15/11 001.000.310.518.880.420.00 822.20 Total :822.20 124676 3/31/2011 011900 FRONTIER 425-206-1108 TELEMETRY LIFT STATIONS TELEMETRY LIFT STATIONS 411.000.654.534.800.420.00 145.47 TELEMETRY LIFT STATIONS 411.000.655.535.800.420.00 270.16 SEAVIEW RESERVOIR425-206-1137 SEAVIEW RESERVOIR 411.000.654.534.800.420.00 26.50 TELEMETRY LIFT STATION425-206-1141 TELEMETRY LIFT STATION 411.000.654.534.800.420.00 18.53 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 34.41 TELEMETRY LIFT STATION425-206-4810 19Page: Packet Page 93 of 313 03/31/2011 Voucher List City of Edmonds 20 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124676 3/31/2011 (Continued)011900 FRONTIER TELEMETRY LIFT STATION 411.000.654.534.800.420.00 42.32 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 78.58 PUBLIC SAFETY BLDG ELEVATOR PHONE425-712-8347 PUBLIC SAFETY BLDG ELEVATOR PHONE 001.000.651.519.920.420.00 56.19 FRANCES ANDERSON FIRE ALARM SYSTEM425-776-3896 FRANCES ANDERSON FIRE ALARM SYSTEM 001.000.651.519.920.420.00 113.04 VACANT PW BLDG 200 DAYTON ST425-778-3297 VACANT PW BLDG 200 DAYTON ST 411.000.654.534.800.420.00 19.04 VACANT PW BLDG 200 DAYTON ST 411.000.655.535.800.420.00 35.35 Total :839.59 124677 3/31/2011 071945 GILL-ROSE, SUE GIL ROSE13252 DRAWING #13252 DRAWING #13252 001.000.640.574.200.410.00 462.00 Total :462.00 124678 3/31/2011 012199 GRAINGER 9481024389 DUCT BOOSTER DUCT BOOSTER 001.000.640.576.800.310.00 171.00 9.5% Sales Tax 001.000.640.576.800.310.00 16.25 Total :187.25 124679 3/31/2011 012199 GRAINGER 9451655840 Water - Supplies Water - Supplies 411.000.654.534.800.310.00 318.36 9.5% Sales Tax 411.000.654.534.800.310.00 30.25 20Page: Packet Page 94 of 313 03/31/2011 Voucher List City of Edmonds 21 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :348.61124679 3/31/2011 012199 012199 GRAINGER 124680 3/31/2011 012560 HACH COMPANY 7162001 112830 CHLORINE TABS 411.000.656.538.800.310.31 94.95 9.5% Sales Tax 411.000.656.538.800.310.31 10.54 Freight 411.000.656.538.800.310.31 15.95 Total :121.44 124681 3/31/2011 070515 HARLEY DAVIDSON OF SEATTLE 13558 Unit 582- E-Throttle Unit 582- E-Throttle 511.000.657.548.680.310.00 71.99 9.5% Sales Tax 511.000.657.548.680.310.00 6.84 Unit 405 - Front Bumper Kit14461 Unit 405 - Front Bumper Kit 511.000.657.548.680.310.00 111.99 9.5% Sales Tax 511.000.657.548.680.310.00 10.64 Unit 582 - Battery15502 Unit 582 - Battery 511.000.657.548.680.310.00 123.99 9.5% Sales Tax 511.000.657.548.680.310.00 11.78 Total :337.23 124682 3/31/2011 060985 HARRINGTON INDUSTRIAL PLASTICS 007C1845 036570 VALVE BALL CHECK 411.000.656.538.800.310.21 225.15 Freight 411.000.656.538.800.310.21 66.78 Total :291.93 124683 3/31/2011 070042 IKON 84455820 ADDITIONAL IMAGES CHARGE 21Page: Packet Page 95 of 313 03/31/2011 Voucher List City of Edmonds 22 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124683 3/31/2011 (Continued)070042 IKON CHARGE FOR ADDITIONAL IMAGES. RENT ON 001.000.640.574.100.450.00 153.47 Total :153.47 124684 3/31/2011 070042 IKON 84440360 INV 84440360 ACCT 467070-1005305A3 COPIER RENTAL 3/13-4/12/11 001.000.410.521.100.450.00 340.00 ADDITIONAL IMAGES2/2-3/2/11 001.000.410.521.100.450.00 191.25 9.5% Sales Tax 001.000.410.521.100.450.00 50.47 Total :581.72 124685 3/31/2011 006841 IKON OFFICE SOLUTIONS 5017391365 Copies DSD Ricoh MP171 Copies DSD Ricoh MP171 001.000.620.558.800.450.00 8.20 Total :8.20 124686 3/31/2011 073548 INDOFF INCORPORATED 1842829 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 6.89 SUPPLIES1842830 SUPPLIES 001.000.230.512.501.310.00 61.99 SUPPLES1846663 SUPPLES 001.000.230.512.501.310.00 32.37 Total :101.25 124687 3/31/2011 073548 INDOFF INCORPORATED 1843565 Office Supplies DSD Office Supplies DSD 001.000.620.558.800.310.00 579.25 Office supplies - DSD1844509 Office supplies - DSD 001.000.620.558.800.310.00 123.72 22Page: Packet Page 96 of 313 03/31/2011 Voucher List City of Edmonds 23 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :702.97124687 3/31/2011 073548 073548 INDOFF INCORPORATED 124688 3/31/2011 061546 INDUSTRIAL CONTROLS SUPPLY 920705 Sewer LS 3 - Contact Kits Sewer LS 3 - Contact Kits 411.000.655.535.800.310.00 169.20 9.5% Sales Tax 411.000.655.535.800.310.00 16.07 Total :185.27 124689 3/31/2011 014940 INTERSTATE BATTERY SYSTEMS 110439924 Unit 424 - Battery Unit 424 - Battery 511.000.657.548.680.310.00 147.16 9.5% Sales Tax 511.000.657.548.680.310.00 13.97 Unit 648 - Battery570734 Unit 648 - Battery 511.000.657.548.680.310.00 147.15 9.5% Sales Tax 511.000.657.548.680.310.00 13.98 Shop Supplies - Cables, Clamps, Plugs,781990 Shop Supplies - Cables, Clamps, Plugs, 511.000.657.548.680.311.00 495.27 9.5% Sales Tax 511.000.657.548.680.311.00 47.05 Total :864.58 124690 3/31/2011 015270 JCI JONES CHEMICALS INC 499344 54278825 CAUSTIC SODA 411.000.656.538.800.310.52 2,090.90 9.5% Sales Tax 411.000.656.538.800.310.52 198.64 54278825499484 HYPOCHLORITE SOLUTION 411.000.656.538.800.310.53 3,461.44 Total :5,750.98 23Page: Packet Page 97 of 313 03/31/2011 Voucher List City of Edmonds 24 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124691 3/31/2011 016850 KUKER RANKEN INC 370129-001 Spiral Notebook Transit for Eng Spiral Notebook Transit for Eng 001.000.620.558.800.310.00 15.22 Total :15.22 124692 3/31/2011 073429 MALLOY, GLORIA MALLOY13519 ZUMBA ZUMBA #13519 001.000.640.575.540.410.00 211.90 Total :211.90 124693 3/31/2011 069362 MARSHALL, CITA 1006 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.501.410.01 87.65 INTERPRETER FEE1020 INTERPRETER FEE 001.000.230.512.500.410.01 87.65 INTERPRETER FEE1021 INTERPRETER FEE 001.000.230.512.500.410.01 87.65 INTERPRETER FEE1022 INTERPRETER FEE 001.000.230.512.500.410.01 87.65 INTERPRETER FEE1032 INTERPRETER FEE 001.000.230.512.500.410.01 87.65 Total :438.25 124694 3/31/2011 070028 MCA 31611 PROBATION ASSOCATION MEMBERSHIP PROBATION ASSOCATION MEMBERSHIP 001.000.230.512.501.490.00 25.00 Total :25.00 124695 3/31/2011 020039 MCMASTER-CARR SUPPLY CO 79980436 123106800 ALUMINUM 411.000.656.538.800.310.21 838.36 Freight 24Page: Packet Page 98 of 313 03/31/2011 Voucher List City of Edmonds 25 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124695 3/31/2011 (Continued)020039 MCMASTER-CARR SUPPLY CO 411.000.656.538.800.310.21 15.78 12310680080390559 PIPE/STRUT CHANNEL 411.000.656.538.800.310.21 683.45 Freight 411.000.656.538.800.310.21 44.49 Total :1,582.08 124696 3/31/2011 020900 MILLERS EQUIP & RENT ALL INC 123088 GREASE HEDGETRIMMER GREASE 001.000.640.576.800.310.00 15.90 9.5% Sales Tax 001.000.640.576.800.310.00 1.51 Total :17.41 124697 3/31/2011 020900 MILLERS EQUIP & RENT ALL INC 122735 17967 PROPANE 411.000.656.538.800.310.21 49.40 9.5% Sales Tax 411.000.656.538.800.310.21 4.69 Total :54.09 124698 3/31/2011 073614 MOUNTLAKE TERRACE COOP MLTCOOP0328 DAMAGE DEPOSIT REFUND REFUND OF DAMAGE DEPOSIT FOR PLAZA ROOM 001.000.000.239.200.000.00 500.00 Total :500.00 124699 3/31/2011 024300 NEBAR HOSE & FITTINGS LLC 217014-001 HOSE HOSE FOR FISHING PIER 001.000.640.576.800.310.00 93.48 Freight 001.000.640.576.800.310.00 8.17 HOSE217136-001 HOSE FOR FISHING PIER 001.000.640.576.800.310.00 93.48 25Page: Packet Page 99 of 313 03/31/2011 Voucher List City of Edmonds 26 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124699 3/31/2011 (Continued)024300 NEBAR HOSE & FITTINGS LLC Freight 001.000.640.576.800.310.00 8.17 Total :203.30 124700 3/31/2011 062204 NELSON TRUCK EQUIP CO INC 524943 Unit 39 - Mount Unit 39 - Mount 511.000.657.548.680.310.00 146.95 9.5% Sales Tax 511.000.657.548.680.310.00 13.96 Unit 37 - Ball Mount, Hitch Pins526351 Unit 37 - Ball Mount, Hitch Pins 511.000.657.548.680.310.00 32.23 9.5% Sales Tax 511.000.657.548.680.310.00 3.06 Total :196.20 124701 3/31/2011 024960 NORTH COAST ELECTRIC COMPANY S3882422.001 2092 FLEX CONN/GASKET/ELECL. TAPE 411.000.656.538.800.310.22 151.66 9.2% Sales Tax 411.000.656.538.800.310.22 13.95 Total :165.61 124702 3/31/2011 068663 NORTHERN ENERGY PROPANE 191269 Roadway - Propane Fuel Roadway - Propane Fuel 111.000.653.542.310.310.00 118.70 Total :118.70 124703 3/31/2011 066391 NORTHSTAR CHEMICAL INC 19628 260 SODIUM BISULFITE 411.000.656.538.800.310.54 1,055.60 9.5% Sales Tax 411.000.656.538.800.310.54 100.28 Total :1,155.88 26Page: Packet Page 100 of 313 03/31/2011 Voucher List City of Edmonds 27 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124704 3/31/2011 061013 NORTHWEST CASCADE INC 1-264355 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: HAINES WHARF PARK 001.000.640.576.800.450.00 137.20 HONEY BUCKET RENTAL1-266510 HONEY BUCKET RENTAL: HICKMAN PARK 001.000.640.576.800.450.00 222.89 HONEY BUCKET RENTAL1-266569 HONEY BUCKET RENTAL: YOST PARK 001.000.640.576.800.450.00 222.89 Total :582.98 124705 3/31/2011 066628 NORTHWEST DISTRIBUTING CO 043679 Shop Supplies - Hand Cleaner Shop Supplies - Hand Cleaner 511.000.657.548.680.311.00 115.60 Freight 511.000.657.548.680.311.00 3.33 8.9% Sales Tax 511.000.657.548.680.311.00 10.29 Total :129.22 124706 3/31/2011 025690 NOYES, KARIN 000 00 202 ADB minutetaker 3/16/11 ADB minutetaker 3/16/11 001.000.620.558.600.410.00 160.00 Total :160.00 124707 3/31/2011 063511 OFFICE MAX INC 289294 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 180.69 Total :180.69 124708 3/31/2011 063511 OFFICE MAX INC 402275 CALCULATOR CALCULATOR 001.000.640.574.100.310.00 7.53 9.5% Sales Tax 001.000.640.574.100.310.00 0.72 COVER PAPER410301 27Page: Packet Page 101 of 313 03/31/2011 Voucher List City of Edmonds 28 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124708 3/31/2011 (Continued)063511 OFFICE MAX INC BLUE COVER PAPER 001.000.640.574.100.310.00 23.34 9.5% Sales Tax 001.000.640.574.100.310.00 2.22 LABELS422927 NAME LABELS 001.000.640.574.100.310.00 2.49 9.5% Sales Tax 001.000.640.574.100.310.00 0.23 Total :36.53 124709 3/31/2011 063511 OFFICE MAX INC 368664 Sewer - Color Ink for Sewer Printer Sewer - Color Ink for Sewer Printer 411.000.655.535.800.310.00 62.22 9.5% Sales Tax 411.000.655.535.800.310.00 5.91 Total :68.13 124710 3/31/2011 002203 OWEN EQUIPMENT COMPANY 00059747 Water - Conductive Atta Water - Conductive Atta 411.000.654.534.800.310.00 165.00 Freight 411.000.654.534.800.310.00 12.56 9.5% Sales Tax 411.000.654.534.800.310.00 16.87 Total :194.43 124711 3/31/2011 027060 PACIFIC TOPSOILS 111741 Storm Dump Fees Storm Dump Fees 411.000.652.542.320.490.00 105.00 Storm Dump Fees111747 Storm Dump Fees 411.000.652.542.320.490.00 126.00 Storm Dump Fees111756 Storm Dump Fees 28Page: Packet Page 102 of 313 03/31/2011 Voucher List City of Edmonds 29 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124711 3/31/2011 (Continued)027060 PACIFIC TOPSOILS 411.000.652.542.320.490.00 105.00 Storm Dump Fees111759 Storm Dump Fees 411.000.652.542.320.490.00 110.25 Storm Dump Fees111773 Storm Dump Fees 411.000.652.542.320.490.00 100.00 Storm Dump Fees111782 Storm Dump Fees 411.000.652.542.320.490.00 110.00 Storm Dump Fees111788 Storm Dump Fees 411.000.652.542.320.490.00 110.00 Storm Dump Fees111791 Storm Dump Fees 411.000.652.542.320.490.00 100.00 Storm Dump Fees111793 Storm Dump Fees 411.000.652.542.320.490.00 110.00 Storm Dump Fees111882 Storm Dump Fees 411.000.652.542.320.490.00 105.00 Storm Dump Fees111886 Storm Dump Fees 411.000.652.542.320.490.00 136.50 Total :1,217.75 124712 3/31/2011 066817 PANASONIC DIGITAL DOCUMENT COM 011828786 COPIER CONTRACT COPIER CONTRACT 411.000.656.538.800.450.41 158.66 Total :158.66 124713 3/31/2011 069944 PECK, ELIZABETH PECK13732 BIRTHDAY PARTY/PILATES LITTLE KIDDIES BIRTHDAY BASH #13732 001.000.640.574.200.410.00 95.20 29Page: Packet Page 103 of 313 03/31/2011 Voucher List City of Edmonds 30 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124713 3/31/2011 (Continued)069944 PECK, ELIZABETH PILATES RELAXED MAT #13268 001.000.640.575.540.410.00 160.30 PILATES RELAXED MAT #13264 001.000.640.575.540.410.00 386.40 Total :641.90 124714 3/31/2011 070881 PIPE TOOL SPECIALTIES 1944 Sewer - Cues Short Chain Assembly Sewer - Cues Short Chain Assembly 411.000.655.535.800.310.00 590.00 Freight 411.000.655.535.800.310.00 6.83 Total :596.83 124715 3/31/2011 073546 PITNEY BOWES RESERVE ACCOUNT 03282011 POSTAGE FOR CITY POSTAGE METER Postage for City Meter250-00261 001.000.250.514.300.420.00 8,000.00 Total :8,000.00 124716 3/31/2011 071811 PONY MAIL BOX & BUSINESS CTR 191394 WATER SEWER STREET STORM-L&I RETURN POST Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.46 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.46 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.46 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.46 Fleet - Stico Return Mail Fees191550 Fleet - Stico Return Mail Fees 511.000.657.548.680.420.00 16.47 WATER SEWER STREET STORM-L&I RETURN POST191576 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.43 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.43 30Page: Packet Page 104 of 313 03/31/2011 Voucher List City of Edmonds 31 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124716 3/31/2011 (Continued)071811 PONY MAIL BOX & BUSINESS CTR Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.43 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.41 WATER SEWER STREET STORM-L&I RETURN POST191740 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.43 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.43 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.43 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.41 Total :45.71 124717 3/31/2011 046900 PUGET SOUND ENERGY 7918807004 YOST POOL YOST POOL 001.000.640.576.800.470.00 163.72 Total :163.72 124718 3/31/2011 046900 PUGET SOUND ENERGY 084-904-700-6 PUGET SOUND ENERGY PUGET SOUND ENERGY 411.000.656.538.800.472.63 1,408.46 Total :1,408.46 124719 3/31/2011 046900 PUGET SOUND ENERGY 0101874006 LIBRARY LIBRARY 001.000.651.519.920.470.00 384.87 LIFT STATION #71916766007 LIFT STATION #7 411.000.655.535.800.470.00 33.81 PUBLIC SAFETY-POLICE,CRT & COUNCIL2753166004 PUBLIC SAFETY-POLICE,CRT & COUNCEL 001.000.651.519.920.470.00 500.84 Public Works2776365005 31Page: Packet Page 105 of 313 03/31/2011 Voucher List City of Edmonds 32 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124719 3/31/2011 (Continued)046900 PUGET SOUND ENERGY Public Works 001.000.650.519.910.470.00 50.67 Public Works 111.000.653.542.900.470.00 192.53 Public Works 411.000.654.534.800.470.00 192.53 Public Works 411.000.655.535.800.470.00 192.53 Public Works 511.000.657.548.680.470.00 192.53 Public Works 411.000.652.542.900.470.00 192.53 FLEET5903085008 Fleet 7110 210th St SW 511.000.657.548.680.470.00 538.50 PUBLIC SAFETY-FIRE STATION6439566008 PUBLIC SAFETY-FIRE STATION 001.000.651.519.920.470.00 1,120.78 ANDERSON CENTER6490327001 ANDERSON CENTER 001.000.651.519.920.470.00 2,711.49 LIFT STATION #88851908007 LIFT STATION #8 411.000.655.535.800.470.00 54.94 FIRE STATION #209919661109 FIRE STATION #20 001.000.651.519.920.470.00 419.49 Total :6,778.04 124720 3/31/2011 065579 QUIKSIGN 59036 Sign Install - Odgers AMD20110001 Sign Install - Odgers AMD20110001 001.000.620.558.600.410.11 185.06 Sign Install - PLN2011000259037 Sign Install - PLN20110002 001.000.620.558.600.410.11 185.06 32Page: Packet Page 106 of 313 03/31/2011 Voucher List City of Edmonds 33 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124720 3/31/2011 (Continued)065579 QUIKSIGN Sign install: Whitworth (PLN20110005)59048 Sign install: Whitworth (PLN20110005) 001.000.620.558.600.410.11 185.06 Total :555.18 124721 3/31/2011 030780 QUIRING MONUMENTS INC 113638 MARKER BALANCE DUE (AFTER CREDIT) - BALKE 130.000.640.536.200.340.00 144.00 MARKER116390 MARKER: WOTASIAK 130.000.640.536.200.340.00 316.00 Total :460.00 124722 3/31/2011 073613 SAFETY SOURCE LLC 12162118S Sewer - Equipment Rental for 220 Alder Sewer - Equipment Rental for 220 Alder 411.000.655.535.800.450.00 900.00 Freight 411.000.655.535.800.450.00 172.50 9.5% Sales Tax 411.000.655.535.800.450.00 85.50 Total :1,158.00 124723 3/31/2011 071502 SLENKER, ROBERT 2449 TRAVEL/SLENKER TRAVEL/SLENKER 411.000.656.538.800.430.00 147.28 Total :147.28 124724 3/31/2011 037375 SNO CO PUD NO 1 201762101 SPRINKLER SYSTEM SPRINKLER SYSTEM 001.000.640.576.800.470.00 135.66 Total :135.66 124725 3/31/2011 037375 SNO CO PUD NO 1 156730519 2030-9778-7 WWTP ELECTRICITY 411.000.656.538.800.471.61 34,131.78 33Page: Packet Page 107 of 313 03/31/2011 Voucher List City of Edmonds 34 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :34,131.78124725 3/31/2011 037375 037375 SNO CO PUD NO 1 124726 3/31/2011 037375 SNO CO PUD NO 1 200386456 MEADOWDALE CLUBHOUSE MEADOWDALE CLUBHOUSE 001.000.651.519.920.470.00 184.59 ANDERSON CULTURAL CENTER200422418 ANDERSON CULTURAL CENTER 001.000.651.519.920.470.00 3,284.10 LIFT STATION #4 8311 TALBOT RD200468593 LIFT STATION #4 411.000.655.535.800.470.00 505.30 4 WAY LIGHT 101 9TH AVE S200592954 SIGNAL LIGHT 111.000.653.542.640.470.00 31.04 200 DAYTON ST-OLD PW BLDG200638609 200 Dayton St-Vacant PW Bldg 411.000.654.534.800.470.00 1,140.98 SIGNAL LIGHT 200 3RD200678019 SIGNAL LIGHT 111.000.653.542.640.470.00 53.98 LIFT STATION #12 16121 75TH PL W201265980 LIFT STATION #12 411.000.655.535.800.470.00 339.65 4 WAY LIGHT 599 MAIN ST201283892 SIGNAL LIGHT 111.000.653.542.640.470.00 54.80 LIFT STATION #11 6811 1/2 157TH PL W201374964 LIFT STATION #11 411.000.655.535.800.470.00 32.39 TRAFFIC LIGHT 117 3RD AVE S201572898 SIGNAL LIGHT 111.000.653.542.640.470.00 189.31 LS #15 7710 168TH PL SW201594488 LIFT STATION #15 411.000.655.535.800.470.00 31.04 DECO LIGHT 413 MAIN ST201656907 34Page: Packet Page 108 of 313 03/31/2011 Voucher List City of Edmonds 35 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124726 3/31/2011 (Continued)037375 SNO CO PUD NO 1 STREET LIGHT 111.000.653.542.630.470.00 504.87 4 WAY LIGHT 901 WALNUT201782646 SIGNAL LIGHT 111.000.653.542.640.470.00 55.55 LIGHT 120 5TH N202389375 SIGNAL LIGHT 111.000.653.542.630.470.00 16.17 LOG CABIN202421582 LOG CABIN 001.000.651.519.920.470.00 424.02 Total :6,847.79 124727 3/31/2011 038500 SO COUNTY SENIOR CENTER INC 317 03/11 RECREATION SERVIES CONTRACT FEE 03/11 Recreation Servies Contract Fee 001.000.390.519.900.410.00 5,000.00 Total :5,000.00 124728 3/31/2011 060371 STANDARD INSURANCE CO 3/21/11 Long term disability premiums (1st Long term disability premiums (1st 001.000.220.516.100.410.00 121.50 Total :121.50 124729 3/31/2011 009400 STELLAR INDUSTRIAL SUPPLY INC 3013625 Water Sewer - Canvas Work Gloves Water Sewer - Canvas Work Gloves 411.000.654.534.800.310.00 26.58 Water Sewer - Canvas Work Gloves 411.000.655.535.800.310.00 26.58 9.5% Sales Tax 411.000.654.534.800.310.00 2.53 9.5% Sales Tax 411.000.655.535.800.310.00 2.52 Water Sewer - Upside Down Green Paint,3015564 Water Sewer - Upside Down Green Paint, 411.000.654.534.800.310.00 128.04 35Page: Packet Page 109 of 313 03/31/2011 Voucher List City of Edmonds 36 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124729 3/31/2011 (Continued)009400 STELLAR INDUSTRIAL SUPPLY INC Water Sewer - Upside Down Green Paint, 411.000.655.535.800.310.00 128.04 9.5% Sales Tax 411.000.654.534.800.310.00 12.17 9.5% Sales Tax 411.000.655.535.800.310.00 12.16 Water Sewer - Blue Upside Down Paint,3015565 Water Sewer - Blue Upside Down Paint, 411.000.654.534.800.310.00 95.46 Water Sewer - Blue Upside Down Paint, 411.000.655.535.800.310.00 95.46 9.5% Sales Tax 411.000.654.534.800.310.00 9.07 9.5% Sales Tax 411.000.655.535.800.310.00 9.06 Water Sewer - Upside Down Blue Paint3015566 Water Sewer - Upside Down Blue Paint 411.000.654.534.800.310.00 75.60 Water Sewer - Upside Down Blue Paint 411.000.655.535.800.310.00 75.60 9.5% Sales Tax 411.000.654.534.800.310.00 7.18 9.5% Sales Tax 411.000.655.535.800.310.00 7.18 Water Sewer - Safety Glasses3018870 Water Sewer - Safety Glasses 411.000.654.534.800.310.00 12.60 Water Sewer - Safety Glasses 411.000.655.535.800.310.00 12.60 9.5% Sales Tax 411.000.654.534.800.310.00 1.20 9.5% Sales Tax 411.000.655.535.800.310.00 1.19 Total :740.82 36Page: Packet Page 110 of 313 03/31/2011 Voucher List City of Edmonds 37 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124730 3/31/2011 040430 STONEWAY ELECTRIC SUPPLY 2456112 SUPPLIES/FOUNTAIN ELECTRICAL SUPPLIES FOR 5TH & MAIN 001.000.640.576.800.310.00 145.51 9.5% Sales Tax 001.000.640.576.800.310.00 13.82 PLASTIC FOR LIGHT2460457 PLASTICS FOR LIGHT 001.000.640.576.800.310.00 360.00 9.5% Sales Tax 001.000.640.576.800.310.00 34.20 Total :553.53 124731 3/31/2011 040430 STONEWAY ELECTRIC SUPPLY 2457455 Fac Maint - Elect Supplies Fac Maint - Elect Supplies 001.000.651.519.920.310.00 125.72 Parks (Green House)- Elect Supplies 001.000.640.576.810.310.00 120.15 9.5% Sales Tax 001.000.651.519.920.310.00 11.94 9.5% Sales Tax 001.000.640.576.810.310.00 11.41 Total :269.22 124732 3/31/2011 070864 SUPERMEDIA LLC 360003670179 C/A 360000657091 Basic e-commerce hosting 03/2/11 - 001.000.310.518.880.420.00 34.95 C/A 360000764828360003673898 March/2011 Web Hosting for Internet 001.000.310.518.880.420.00 34.95 C/A 430001405909440010804056 P&R Directory Listing 001.000.310.518.880.420.00 132.50 Total :202.40 124733 3/31/2011 073501 SYNAPTEC SOFTWARE INC 2444 PROBATION OFFICER TRACKING PROGRAM PROBATION OFFICER TRACKING PROGRAM 37Page: Packet Page 111 of 313 03/31/2011 Voucher List City of Edmonds 38 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124733 3/31/2011 (Continued)073501 SYNAPTEC SOFTWARE INC 001.000.230.512.500.350.10 1,425.02 Total :1,425.02 124734 3/31/2011 040917 TACOMA SCREW PRODUCTS INC 18930815 BRAKE CLEANER/STEEL DOWEL PINS BRAKE CLEANER/STEEL DOWEL PINS 411.000.656.538.800.310.21 43.80 9.5% Sales Tax 411.000.656.538.800.310.21 4.16 Total :47.96 124735 3/31/2011 040917 TACOMA SCREW PRODUCTS INC 1013128 Street/ Storm - Work Gloves Street/ Storm - Work Gloves 411.000.652.542.900.240.00 15.65 Street/ Storm - Work Gloves 111.000.653.542.900.240.00 15.64 9.5% Sales Tax 411.000.652.542.900.240.00 1.49 9.5% Sales Tax 111.000.653.542.900.240.00 1.48 Street - Supplies18929927 Street - Supplies 411.000.652.542.400.310.00 89.64 9.5% Sales Tax 411.000.652.542.400.310.00 8.52 Water - Machery Eye Bolts18930406 Water - Machery Eye Bolts 411.000.654.534.800.310.00 33.72 9.5% Sales Tax 411.000.654.534.800.310.00 3.20 Fac Maint - Supplies18930971 Fac Maint - Supplies 001.000.651.519.920.310.00 9.27 9.5% Sales Tax 001.000.651.519.920.310.00 0.88 38Page: Packet Page 112 of 313 03/31/2011 Voucher List City of Edmonds 39 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :179.49124735 3/31/2011 040917 040917 TACOMA SCREW PRODUCTS INC 124736 3/31/2011 009350 THE DAILY HERALD COMPANY I01730482 E1JA.SEPA ADVERTISEMENT E1JA.SEPA Advertisement 412.100.630.594.320.410.00 77.52 Total :77.52 124737 3/31/2011 009350 THE DAILY HERALD COMPANY 1730456 Legal Notice - PLN20110005 (Whitworth) Legal Notice - PLN20110005 (Whitworth) 001.000.620.558.600.440.00 25.92 Total :25.92 124738 3/31/2011 009350 THE DAILY HERALD COMPANY 4-10-11 ANNUAL SUBSCRIPTION 04/11-04/12 EDMONDS ANNUAL SUBSCRIPTION - DAILY PAPER 001.000.410.521.100.490.00 174.00 Total :174.00 124739 3/31/2011 042800 TRI-CITIES SECURITY 17759 SAFE SERVICE Service City Clerk's office 001.000.250.514.300.410.00 105.00 9.5% Sales Tax 001.000.250.514.300.410.00 9.98 Total :114.98 124740 3/31/2011 073581 TRUAX, KAILEY TRUAX0326 GYM MONITOR ANDERSON CENTER GYM MONITOR FOR DANCE 001.000.640.574.100.410.00 36.00 Total :36.00 124741 3/31/2011 061192 UNITED PIPE & SUPPLY 8626399 Water Inventory - W - Valvbr-02-050 Water Inventory - W - Valvbr-02-050 411.000.654.534.800.341.00 640.24 Mtr Gaskets 411.000.654.534.800.310.00 130.00 Freight 411.000.654.534.800.341.00 25.46 Freight 39Page: Packet Page 113 of 313 03/31/2011 Voucher List City of Edmonds 40 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124741 3/31/2011 (Continued)061192 UNITED PIPE & SUPPLY 411.000.654.534.800.310.00 5.17 9.5% Sales Tax 411.000.654.534.800.341.00 63.25 9.5% Sales Tax 411.000.654.534.800.310.00 12.84 Water Inventory - W-Clmpci-08-0608626401 Water Inventory - W-Clmpci-08-060 411.000.654.534.800.341.00 385.02 9.5% Sales Tax 411.000.654.534.800.341.00 36.58 Water - Small Tools - Tapmate,8629303 Water - Small Tools - Tapmate, 411.000.654.534.800.350.00 2,982.00 9.5% Sales Tax 411.000.654.534.800.350.00 283.29 Water Meter Inventory -8635135 Water Meter Inventory - 411.000.654.534.800.342.00 4,635.90 9.5% Sales Tax 411.000.654.534.800.342.00 440.41 Water Inventory - W-M-Meter -0.625-0108635138 Water Inventory - W-M-Meter -0.625-010 411.000.654.534.800.342.00 4,635.90 9.5% Sales Tax 411.000.654.534.800.342.00 440.41 Total :14,716.47 124742 3/31/2011 072098 UNIVERSAL FIELD SERVICES LLC 36119 E8GA.SERVICES FOR FEBRUARY 2011 E8GA.Services for February 2011 412.100.630.594.320.410.00 342.57 E8GA.Services for February 2011 412.300.630.594.320.410.00 1,027.70 Total :1,370.27 124743 3/31/2011 062693 US BANK 3363 Wesco Autobody - Unit 405 - Supplies 40Page: Packet Page 114 of 313 03/31/2011 Voucher List City of Edmonds 41 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124743 3/31/2011 (Continued)062693 US BANK Wesco Autobody - Unit 405 - Supplies 511.000.657.548.680.310.00 41.37 Dewalt - Shop Tools 511.000.657.548.680.310.00 29.75 Complete Hydraulic Svc - Deposit for 511.100.657.594.480.640.00 1,544.73 Northwind Marine - Supplies 511.000.657.548.680.310.00 52.61 Fisheries Supplies - Replacement Element 511.000.657.548.680.310.00 42.97 MSC - Unit 106 - Hose 511.000.657.548.680.310.00 67.84 Svc Fees 511.000.657.548.680.310.00 4.12 Total :1,783.39 124744 3/31/2011 068724 US HEALTHWORKS MED GROUP OF WA0353342-WA Fleet - DOT Fleet - DOT 511.000.657.548.680.410.00 65.00 2 Sewer - DOT 411.000.655.535.800.410.00 130.00 Total :195.00 124745 3/31/2011 064423 USA BLUE BOOK 350700 Water - Parts Water - Parts 411.000.654.534.800.310.00 416.75 Freight 411.000.654.534.800.310.00 66.04 9.5% Sales Tax 411.000.654.534.800.310.00 45.87 Total :528.66 124746 3/31/2011 044960 UTILITIES UNDERGROUND LOC CTR 1020114 utility locates utility locates 411.000.654.534.800.410.00 69.38 41Page: Packet Page 115 of 313 03/31/2011 Voucher List City of Edmonds 42 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124746 3/31/2011 (Continued)044960 UTILITIES UNDERGROUND LOC CTR utility locates 411.000.655.535.800.410.00 69.38 utility locates 411.000.652.542.900.410.00 71.49 Total :210.25 124747 3/31/2011 068259 WA ST CRIMINAL JUSTICE 2011-1060 INV 2011-1050 EDMONDS - ANDERSON, LAWLES ANDERSON 4341-1 COMMAND COLLEGE 001.000.410.521.400.490.00 250.00 LAWLESS 4341-1 COMMAND COLLEGE 001.000.410.521.400.490.00 250.00 Total :500.00 124748 3/31/2011 061485 WA ST DEPT OF HEALTH PWS ID 22500 U 2011 Operating Permit, System 2011 Operating Permit, System 411.000.654.534.800.490.00 6,208.80 Total :6,208.80 124749 3/31/2011 047665 WATER ENVIRONMENT FEDERATION 1633368 1458 WEF MEMBERSHIP/KOHO 411.000.656.538.800.490.00 123.00 Total :123.00 124750 3/31/2011 073552 WELCO SALES LLC 5069 LETTERHEAD LETTERHEAD 001.000.640.574.100.310.00 163.92 9.5% Sales Tax 001.000.640.574.100.310.00 15.57 Total :179.49 124751 3/31/2011 073552 WELCO SALES LLC 5080 INV 5080 EDMONDS PD - 1000 DOOR HANGERS 1,000 DOOR HANGERS - DETECTIVES 001.000.410.521.210.310.00 292.00 9.5% Sales Tax 001.000.410.521.210.310.00 27.74 42Page: Packet Page 116 of 313 03/31/2011 Voucher List City of Edmonds 43 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :319.74124751 3/31/2011 073552 073552 WELCO SALES LLC 124752 3/31/2011 071484 WESTERN SAFETY PRODUCTS INC 87110-1 26465 AED REPLACEMENT KIT 411.000.656.538.800.310.12 109.00 Freight 411.000.656.538.800.310.12 9.85 9.5% Sales Tax 411.000.656.538.800.310.12 11.30 Total :130.15 124753 3/31/2011 069691 WESTERN SYSTEMS 6036 SEAVIEW FLASHING BEACONS-MATERIALS Seaview Flashing Beacons 111.000.653.542.640.310.00 5,386.45 9.5% Sales Tax 111.000.653.542.640.310.00 511.71 Total :5,898.16 124754 3/31/2011 072634 WHISTLE WORKWEAR E 64437 2613 UNIFORM/VAUGHAN 411.000.656.538.800.240.00 52.22 2449E66381 JACKET/SLENKER 411.000.656.538.800.240.00 65.00 2706E66438 UNIFORM/DANIELSON 411.000.656.538.800.240.00 40.52 0366E66441 JACKET/NORDQUIST 411.000.656.538.800.240.00 65.00 Total :222.74 124755 3/31/2011 071631 WILLIAMS, SUE WILLIAMS13582 KNITTING 101 KNITTING 101 #13582 001.000.640.574.200.410.00 97.50 Total :97.50 43Page: Packet Page 117 of 313 03/31/2011 Voucher List City of Edmonds 44 10:25:04AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124756 3/31/2011 045565 WSPCA WSPCA - MARSH WSPCA SPRING CONFERENCE - MARSH MARSH - ADMINISTRATOR REGISTRATION - 001.000.410.521.400.490.00 80.00 Total :80.00 124757 3/31/2011 073615 ZAHLER, LOIS ZAHLER0321 REFUND OF DAMAGE DEPOSIT REFUND OF DAMAGE DEPOSIT FOR MEADOWDALE 001.000.000.239.200.000.00 200.00 Total :200.00 124758 3/31/2011 073079 ZONES INC S21817360101 INV#S21817360101 - EDMONDS PD PENTAX PERFORATED PAPER ROLLS 001.000.410.521.110.310.00 436.10 Freight 001.000.410.521.110.310.00 54.21 9.5% Sales Tax 001.000.410.521.110.310.00 46.58 Total :536.89 Bank total :184,819.96132 Vouchers for bank code :front 184,819.96Total vouchers :Vouchers in this report132 44Page: Packet Page 118 of 313 AM-3831   Item #: 2. D. City Council Meeting Date: 04/05/2011 Time:Consent   Submitted By:Linda Hynd Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Acknowledge receipt of Claim for Damages submitted by Claudine LaPierre-MacDonald (amount undetermined). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claim for Damages by minute entry. Previous Council Action N/A Narrative A Claim for Damages was submitted by the following individual: Claudine LaPierre-MacDonald 534 2nd Avenue North Edmonds, WA 98020 (Amount undetermined) Attachments LaPierre-MacDonald Claim for Damages Form Review Inbox Reviewed By Date Mayor Mike Cooper 03/31/2011 03:09 PM Final Approval Sandy Chase 03/31/2011 04:51 PM Form Started By: Linda Hynd Started On: 03/30/2011 12:32 PM Final Approval Date: 03/31/2011  Packet Page 119 of 313 Packet Page 120 of 313 Packet Page 121 of 313 AM-3830   Item #: 2. E. City Council Meeting Date: 04/05/2011 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Approval of 2011 Taxicab Operator's License for Yellow Cab of Washington. Recommendation from Mayor and Staff It is recommended that the City Council approve the 2011 Taxicab Operator's License for Yellow Cab of Washington Inc. Previous Council Action Taxicab Operator's Licenses are issued annually. Narrative Edmonds City Code Chapter 4.60 requires that the City Council approve Taxicab Operator's Licenses.  A copy of the license application is attached.   In addition, the Police Department reviewed the application and recommended approval (please see attached memorandum). Attachments Taxicab Operator's License Application - Yellow Cab Police Department Approval Form Review Inbox Reviewed By Date Mayor Mike Cooper 03/30/2011 12:45 PM Final Approval Sandy Chase 03/30/2011 12:47 PM Form Started By: Sandy Chase Started On: 03/30/2011  Final Approval Date: 03/30/2011  Packet Page 122 of 313 Packet Page 123 of 313 Packet Page 124 of 313 Packet Page 125 of 313 Packet Page 126 of 313 AM-3822   Item #: 2. F. City Council Meeting Date: 04/05/2011 Time:Consent   Submitted For:Phil Williams Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Approval of a site lease for roof space on the Frances Anderson Center and an Energy Services Agreement with the Edmonds Community Solar Cooperative to facilitate construction of a 75 KW community solar energy system. Authorization for the Mayor to sign these agreements in substantially the same form as presented. 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 On March 22, 2011, Council recommended that this item be forwarded to the consent agenda, with several changes.  Specific changes are outlined in the following section. 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 will be addressed in the revised agreements to be reviewed with Council at the April 5th meeting. 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 Frances 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 agreements responded to earlier comments and questions since the previous Council Packet Page 127 of 313 meetings, and include the changes requested by Council on March 22nd.  Also attached are a summary of changes in the agreements since they were reviewed by the Council at the January 18th and March 22nd meeting, and an FAQ which responds to these and other questions received about the project. The changes that Council requested at the March 22nd, 2011 meeting include: 1) revisions to the City's financial liability to the Solar Cooperative for lost revenue in the event the City choses to create an avoidable shutdown of the solar system, 2) provisions for a cash reserve or bond to cover the cost of removal of the solar system and restoration of city facilities in the event of default by the Cooperative, 3) Clarifying that a Certificate of Appropriateness issued by the Edmonds Historical Preservation Committee is required to be obtained by the Coop prior to any physical construction of the project or the agreements are voided, and 4) The City's existing roof warranty on the FAC roofs must not be voided by the project. Written confirmation from the manufacturer that the remaining seven years of roof warranty will be preserved is required before any on-site construction of the system or the agreements will be voided. 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 Solar Energy Facility Site Lease Final Solar Energy Facility Site Lease with Redlines Solar Power Energy Services Agreement Final Solar Power Energy Services Agreement with Redlines FAQ Form Review Inbox Reviewed By Date Public Works Phil Williams 03/25/2011 10:21 AM Parks and Recreation Carrie Hite 03/25/2011 11:48 AM City Clerk Sandy Chase 03/29/2011 08:14 AM Community Services/Economic Dev.Sandy Chase 03/29/2011 08:23 AM City Clerk Sandy Chase 03/29/2011 08:39 AM Community Services/Economic Dev.Sandy Chase 03/29/2011 08:40 AM Mayor Mike Cooper 03/30/2011 12:45 PM Final Approval Sandy Chase 03/30/2011 12:47 PM Form Started By: Megan Cruz Started On: 03/24/2011  Final Approval Date: 03/30/2011  Packet Page 128 of 313 {WSS840944.DOC;1\00006.900000\ } 1 SOLAR ENERGY FACILITY SITE LEASE AGREEMENT (Frances Anderson Center Project) This SOLAR ENERGY FACILITY SITE LEASE AGREEMENT (this “Agreement”) is made as of ________________, 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 “Premises”). B. Lessee is the developer, owner, and operator of photovoltaic solar energy generation equipment and facilities suitable for delivery of electrical energy to be used on the Premises. C. Lessor and Lessee are parties to that certain Solar Power Energy Services Agreement dated of even date herewith (the “Solar Services Agreement”), pursuant to which Lessee (as Seller) has agreed to sell to Lessor, and Lessor (as Customer) has agreed to purchase from Lessee, all of the electrical energy produced by a Solar Energy Facility (or “SEF,” as defined in the Solar Services Agreement) to be installed and operated on the Premises by Lessee. D. In furtherance of the Solar Services Agreement, Lessee desires to obtain from Lessor, and Lessor desires to grant to Lessee, a lease of the rooftop of the Anderson Center (the “Premises”) and related access and use rights on, over, and across the Property for purposes of (i) constructing, installing, owning, and operating the SEF on the Premises, (ii) transmitting electrical energy to, on, over, and across the Anderson Center, and (iii) access to and egress from the Premises for the installation, operation, maintenance, and removal of the SEF. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements herein contained, and intending to be legally bound hereby, Lessor and Lessee hereby agree as follows: Packet Page 129 of 313 {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. 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. “Business Day” means any day that is not a Saturday, Sunday, or holiday recognized by Lessor by ordinance. “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. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Lessor, Lessor hereby leases the Premises to Lessee. 2.2 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), Lessee shall have the exclusive right to use the Premises for solar energy generation purposes 2.3 Permitted Uses and Activities. The rights granted to Lessee in this Agreement permit Lessee to do the following: 2.3.1 Use the Premises and such other areas in and around the Premises as identified and depicted on the attached 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 130 of 313 {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, trees, structures, and improvements located on the Property as of the Effective Date shall be allowed to remain, and Lessee may not require their removal. Trees shown on Exhibit Ashall 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 1, 2020 (the “Term”); provided however, unless Lessor has exercised its Buyout Option under Section 7.6 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, 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. 4. Rent and Leasehold Excise Tax. 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. 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 Packet Page 131 of 313 {WSS840944.DOC;1\00006.900000\ } 4 space/area has been determined to be $249 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 $249 per year. 82.29A.130 (8) states that leasehold interests for which annual taxable rent is less than two hundred fifty dollars per year are exempt from Leasehold Exchise Tax As a result, Lessee shall also pay the Lessor $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. 6. Additional Rights of Lessee. 6.1 Temporary Construction Laydown Area. 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. 6.2 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 and incorporated herein by this reference. 7. Design and Construction of Solar Energy Facility; Acknowledgment of Lessor. 7.1 Design and Construction. Lessee shall mount the solar panels on ballast trays with concrete blocks and shall not physically attach the solar panels to the Premises; provided, however, Lessee may make limited penetrations of the Premises, as described in the Solar Services Agreement, to install, route, and maintain electrical wiring from the SEF to the Property. Structural evaluation will be provided by a licensed engineer. Any and all changes or deviations from approved plans and specifications set forth in the Solar Services Agreement shall require written notification to Lessor and Lessor’s written prior approval, which approval shall not be unreasonably withheld. Lessee shall provide to Lessor a construction schedule, and Lessee and Lessor shall coordinate construction of the SEF so as to minimize disruption to the Property, the Premises, and Lessor’s activities thereon. 7.2 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. 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. 7.3 Permits. Lessee shall be responsible for obtaining any and all governmental permits and approvals required prior to any construction activities. The Lessor will assist in the Packet Page 132 of 313 {WSS840944.DOC;1\00006.900000\ } 5 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. 7.4 Roof Warranty Lessee shall assist in maintaining Roof Warranty converage by conducting its Solar Energy Facility construction and maintenance activities in accordance with written direction from the Roofing Manufacturer and Roofing Installer. Lessee shall additionally keep property liability insurance that supplements the roof warranty coverage as specified in Section 11. 8. Maintenance of the Premises; Security. 8.1 Maintenance. 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. 8.2 Clean Condition. 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. 8.3 Security. Lessee shall provide all security measures that Lessor 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. 9. Lessor’s Representations and Warranties. 9.1 Authority; No Third-Party Rights. 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. 9.2 No Interference. 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 Packet Page 133 of 313 {WSS840944.DOC;1\00006.900000\ } 6 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. 9.3 SEF Property of Lessee; Transfer of the Property. Lessor acknowledges and agrees that Lessee is the exclusive owner and operator of the SEF, that no portion or component of the SEF is a fixture, and that the SEF may not be sold, leased, assigned, mortgaged, pledged, or otherwise alienated or encumbered with the conveyance of any fee or leasehold interest in or to the Property (any such conveyance, a “Transfer”). Lessor shall give Lessee at least ten (10) Business Days’ written notice prior to any Transfer of all or any portion of the Property. Any 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. 10. Default; Remedies. 10.1 Lessee Default. The following events shall be defaults with respect to Lessee (each, a “Lessee Default”): 10.1.1 Lessee breaches any material term of this Agreement, and (A) if such breach is capable of being cured within thirty (30) days after notice from Lessor of such breach, Lessee has failed to cure the breach within such thirty (30) day period, or (B) if Lessee has diligently commenced work to cure such breach during such thirty (30) day period but such breach is not capable of cure within such period, Lessee has failed to cure the breach within a further thirty (30) day period (such aggregate period not to exceed sixty (60) days from the date of Lessor’s notice). 10.1.2 Lessee makes an unauthorized roof penetration; 10.1.3 (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). If a Lessee Default described in Section 9.1.1 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. Packet Page 134 of 313 {WSS840944.DOC;1\00006.900000\ } 7 10.2.1 Bond for removal. Grantee shall 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 covering 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. 10.3 Lessor Defaults. The following events shall be defaults with respect to Lessor (each, a “Lessor Default”): 10.3.1 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); 10.3.2 (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. 10.4 Lessee’s Remedies. If a Lessor Default described in Section 9.3.1 or 9.3.2 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. 11. Insurance. 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. 12. Liability; Indemnity. 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. 13. NO CONSEQUENTIAL DAMAGES. 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 Packet Page 135 of 313 {WSS840944.DOC;1\00006.900000\ } 8 LESSOR FROM SEEKING AND OBTAINING GENERAL CONTRACT DAMAGES OR EQUITABLE RELIEF FOR A BREACH OF THIS AGREEMENT. 14. Hazardous Materials. 14.1 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. 14.2 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. 15. Estoppel Certificate. 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. 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 shall run with the land and survive any transfer or conveyance of the Property. 17. Notice and Notices. 17.1 Notice. 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. 17.2 Addresses for the Delivery of Notices. Any notice required, permitted, or contemplated hereunder shall be in writing, shall be addressed to the Party to be notified at the address set forth below or at such other address or addresses as a Party may designate for itself from time to time by notice hereunder. Such notices may also be sent by fax transmission: Notice to Lessor: Notice to Lessee: Packet Page 136 of 313 {WSS840944.DOC;1\00006.900000\ } 9 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 17.3 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. 18. Miscellaneous. 18.1 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. 18.2 Quiet Enjoyment. 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. 18.3 No Partnership or Sale. 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. 18.4 Severability. 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. 18.5 Headings. 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 18.6 Time of Essence. Times is of the essence in the performance of this Agreement. 18.7 Recordation. 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. Packet Page 137 of 313 {WSS840944.DOC;1\00006.900000\ } 10 18.8 Amendments. This Agreement may be amended only in writing signed by Lessee and Lessor, or their respective successors in interest. 18.9 Counterparts. 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. 18.10 Binding Effect. 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. 18.11 Entire Agreement; Waivers. 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. [SIGNATURE PAGES FOLLOW] Packet Page 138 of 313 {WSS840944.DOC;1\00006.900000\ } 11 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: __________________________ Jeffery Taraday Packet Page 139 of 313 {WSS840944.DOC;1\00006.900000\ } Exhibit A EXHIBIT A DESCRIPTION AND DEPICTION OF PROPERTY & PROJECT AREA Frances Anderson Center, 700 Main Street, Edmonds WA, 98020 Potential locations of solar equipment highlighted in Red Squares Packet Page 140 of 313 {WSS840944.DOC;1\00006.900000\ } Exhibit C 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 141 of 313 {WSS840944.DOC;1\00006.900000\ } Exhibit C 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 the design and location of all equipment to be installed at the Frances Anderson Center. City approval of the design of the SEF will not be unreasonably withheld. Packet Page 142 of 313 {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. Approval by the City will not be unreasonably withheld. Packet Page 143 of 313 {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 $249. The lease payment will be due within 10 days of the beginning of each year this contract is in force. Packet Page 144 of 313 {WSS840944.DOC;1\00006.900000\ } 1 SOLAR ENERGY FACILITY SITE LEASE AGREEMENT (Frances Anderson Center Project) This SOLAR ENERGY FACILITY SITE LEASE AGREEMENT (this “Agreement”) is made as of ________________, 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 “Premises”). B. Lessee is the developer, owner, and operator of photovoltaic solar energy generation equipment and facilities suitable for delivery of electrical energy to be used on the Premises. C. Lessor and Lessee are parties to that certain Solar Power Energy Services Agreement dated of even date herewith (the “Solar Services Agreement”), pursuant to which Lessee (as Seller) has agreed to sell to Lessor, and Lessor (as Customer) has agreed to purchase from Lessee, all of the electrical energy produced by a Solar Energy Facility (or “SEF,” as defined in the Solar Services Agreement) to be installed and operated on the Premises by Lessee. D. In furtherance of the Solar Services Agreement, Lessee desires to obtain from Lessor, and Lessor desires to grant to Lessee, a lease of the rooftop of the Anderson Center (the “Premises”) and related access and use rights on, over, and across the Property for purposes of (i) constructing, installing, owning, and operating the SEF on the Premises, (ii) transmitting electrical energy to, on, over, and across the Anderson Center, and (iii) access to and egress from the Premises for the installation, operation, maintenance, and removal of the SEF. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements herein contained, and intending to be legally bound hereby, Lessor and Lessee hereby agree as follows: Packet Page 145 of 313 {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. 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. “Business Day” means any day that is not a Saturday, Sunday, or holiday recognized by Lessor by ordinance. “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. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Lessor, Lessor hereby leases the Premises to Lessee. 2.2 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), Lessee shall have the exclusive right to use the Premises for solar energy generation purposes 2.3 Permitted Uses and Activities. The rights granted to Lessee in this Agreement permit Lessee to do the following: 2.3.1 Use the Premises and such other areas in and around the Premises as identified and depicted on the attached 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 146 of 313 {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, trees, structures, and improvements located on the Property as of the Effective Date shall be allowed to remain, and Lessee may not require their removal. Trees shown on Exhibit Ashall 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 1, 2020 (the “Term”); provided however, unless Lessor has exercised its Buyout Option under Section 7.6 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, 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. 4. Rent and Leasehold Excise Tax. 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. 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 Packet Page 147 of 313 {WSS840944.DOC;1\00006.900000\ } 4 space/area has been determined to be $249 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 $249 per year. 82.29A.130 (8) states that leasehold interests for which annual taxable rent is less than two hundred fifty dollars per year are exempt from Leasehold Exchise Tax As a result, Lessee shall also pay the Lessor $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. 6. Additional Rights of Lessee. 6.1 Temporary Construction Laydown Area. 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. 6.2 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 and incorporated herein by this reference. 7. Design and Construction of Solar Energy Facility; Acknowledgment of Lessor. 7.1 Design and Construction. Lessee shall mount the solar panels on ballast trays with concrete blocks and shall not physically attach the solar panels to the Premises; provided, however, Lessee may make limited penetrations of the Premises, as described in the Solar Services Agreement, to install, route, and maintain electrical wiring from the SEF to the Property. Structural evaluation will be provided by a licensed engineer. Any and all changes or deviations from approved plans and specifications set forth in the Solar Services Agreement shall require written notification to Lessor and Lessor’s written prior approval, which approval shall not be unreasonably withheld. Lessee shall provide to Lessor a construction schedule, and Lessee and Lessor shall coordinate construction of the SEF so as to minimize disruption to the Property, the Premises, and Lessor’s activities thereon. 7.2 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. 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. 7.3 Permits. Lessee shall be responsible for obtaining any and all governmental permits and approvals required prior to any construction activities. The Lessor will assist in the Packet Page 148 of 313 {WSS840944.DOC;1\00006.900000\ } 5 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. 7.4 Roof Warranty Lessee shall assist in maintaining Roof Warranty converage by conducting its Solar Energy Facility construction and maintenance activities in accordance with written direction from the Roofing Manufacturer and Roofing Installer. Lessee shall additionally keep property liability insurance that supplements the roof warranty coverage as specified in Section 11. 8. Maintenance of the Premises; Security. 8.1 Maintenance. 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. 8.2 Clean Condition. 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. 8.3 Security. Lessee shall provide all security measures that Lessor 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. 9. Lessor’s Representations and Warranties. 9.1 Authority; No Third-Party Rights. 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. 9.2 No Interference. 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 Packet Page 149 of 313 {WSS840944.DOC;1\00006.900000\ } 6 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. 9.3 SEF Property of Lessee; Transfer of the Property. Lessor acknowledges and agrees that Lessee is the exclusive owner and operator of the SEF, that no portion or component of the SEF is a fixture, and that the SEF may not be sold, leased, assigned, mortgaged, pledged, or otherwise alienated or encumbered with the conveyance of any fee or leasehold interest in or to the Property (any such conveyance, a “Transfer”). Lessor shall give Lessee at least ten (10) Business Days’ written notice prior to any Transfer of all or any portion of the Property. Any 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. 10. Default; Remedies. 10.1 Lessee Default. The following events shall be defaults with respect to Lessee (each, a “Lessee Default”): 10.1.1 Lessee breaches any material term of this Agreement, and (A) if such breach is capable of being cured within thirty (30) days after notice from Lessor of such breach, Lessee has failed to cure the breach within such thirty (30) day period, or (B) if Lessee has diligently commenced work to cure such breach during such thirty (30) day period but such breach is not capable of cure within such period, Lessee has failed to cure the breach within a further thirty (30) day period (such aggregate period not to exceed sixty (60) days from the date of Lessor’s notice). 10.1.2 Lessee makes an unauthorized roof penetration; 10.1.3 (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). If a Lessee Default described in Section 9.1.1 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. Packet Page 150 of 313 {WSS840944.DOC;1\00006.900000\ } 7 10.2.1 Bond for removal. Grantee shall 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 covering 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. 10.3 Lessor Defaults. The following events shall be defaults with respect to Lessor (each, a “Lessor Default”): 10.3.1 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); 10.3.2 (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. 10.4 Lessee’s Remedies. If a Lessor Default described in Section 9.3.1 or 9.3.2 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. 11. Insurance. 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. 12. Liability; Indemnity. 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. 13. NO CONSEQUENTIAL DAMAGES. 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 Packet Page 151 of 313 {WSS840944.DOC;1\00006.900000\ } 8 LESSOR FROM SEEKING AND OBTAINING GENERAL CONTRACT DAMAGES OR EQUITABLE RELIEF FOR A BREACH OF THIS AGREEMENT. 14. Hazardous Materials. 14.1 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. 14.2 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. 15. Estoppel Certificate. 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. 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 shall run with the land and survive any transfer or conveyance of the Property. 17. Notice and Notices. 17.1 Notice. 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. 17.2 Addresses for the Delivery of Notices. Any notice required, permitted, or contemplated hereunder shall be in writing, shall be addressed to the Party to be notified at the address set forth below or at such other address or addresses as a Party may designate for itself from time to time by notice hereunder. Such notices may also be sent by fax transmission: Notice to Lessor: Notice to Lessee: Packet Page 152 of 313 {WSS840944.DOC;1\00006.900000\ } 9 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 17.3 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. 18. Miscellaneous. 18.1 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. 18.2 Quiet Enjoyment. 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. 18.3 No Partnership or Sale. 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. 18.4 Severability. 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. 18.5 Headings. 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 18.6 Time of Essence. Times is of the essence in the performance of this Agreement. 18.7 Recordation. 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. Packet Page 153 of 313 {WSS840944.DOC;1\00006.900000\ } 10 18.8 Amendments. This Agreement may be amended only in writing signed by Lessee and Lessor, or their respective successors in interest. 18.9 Counterparts. 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. 18.10 Binding Effect. 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. 18.11 Entire Agreement; Waivers. 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. [SIGNATURE PAGES FOLLOW] Packet Page 154 of 313 {WSS840944.DOC;1\00006.900000\ } 11 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: __________________________ Jeffery Taraday Packet Page 155 of 313 {WSS840944.DOC;1\00006.900000\ } Exhibit A EXHIBIT A DESCRIPTION AND DEPICTION OF PROPERTY & PROJECT AREA Frances Anderson Center, 700 Main Street, Edmonds WA, 98020 Potential locations of solar equipment highlighted in Red Squares Packet Page 156 of 313 {WSS840944.DOC;1\00006.900000\ } Exhibit C 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 157 of 313 {WSS840944.DOC;1\00006.900000\ } Exhibit C 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 the design and location of all equipment to be installed at the Frances Anderson Center. City approval of the design of the SEF will not be unreasonably withheld. Packet Page 158 of 313 {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. Approval by the City will not be unreasonably withheld. Packet Page 159 of 313 {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 $249. The lease payment will be due within 10 days of the beginning of each year this contract is in force. Packet Page 160 of 313 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: July 1, 2020 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. Packet Page 161 of 313 SOLAR POWER ENERGY SERVICES AGREEMENT COVER SHEET OF TERMS {WSS840942.DOC;1\00006.900000\ } Net Metering Agreement: Attached as Exhibit D. Buyout Option: Attached as Exhibit E. Packet Page 162 of 313 {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 power attributes from the SEF, (ii) federal, state or local investment tax credits associated with Packet Page 163 of 313 {WSS840942.DOC;1\00006.900000\ } 2 the construction or operation of the energy projects; (iii) any other financial incentives in the form of credits, reductions, or allowances associated with the Solar Energy Facility that are applicable to a local, state or federal income taxation obligation, (iv) grants or subsidies in support of renewable energy, or (v) emission reduction credits encumbered or used by the Solar Energy Facility for compliance with local, state, or federal operating and/or air quality permits. “Environmental Incentives” include, but are not limited to, (i) federal, state, or local tax credits associated with the construction, ownership, or production of electricity from the Solar Energy Facility; (ii) any other financial incentives in the form of credits, reductions, or allowances associated with the Solar Energy Facility that are applicable to a local, state, or federal income taxation obligation; and (iii) grants or subsidies for which the Solar Energy Facility may be eligible. Environmental Incentives do not include Environmental Attributes or Green Tag Reporting Rights. “Estimated Annual Production” means the anticipated Energy output of the Solar Energy Facility as set forth on the attached Exhibit B. “Extension Term(s)” means up to two (2) consecutive period(s) of two (2) years immediately following the Initial Term, each, upon mutual agreement of Seller and Customer delivered in writing not less than 180 days prior to expiration of Initial Term or the applicable Extension Term. “Force Majeure” means any act or event that delays or prevents a Party from timely performing its obligations under this Agreement or from complying with conditions required under this Agreement if such act or event, despite the exercise of reasonable efforts, cannot be avoided or mitigated by, and is beyond the reasonable control of and without the fault or negligence of the Party relying thereon as justification for such delay, nonperformance, or noncompliance. Without limiting the generality of the foregoing, so long as the following events, despite the exercise of reasonable efforts, cannot be avoided or mitigated by, and are beyond the reasonable control of and without the fault or negligence of the Party relying thereon as justification for such delay, nonperformance or noncompliance, then Force Majeure may include without limitation: an act of God or the elements, site conditions, extreme or severe weather conditions, explosion, fire, epidemic, landslide, mudslide, sabotage, terrorism, lightning, earthquake, flood or similar cataclysmic event, an act of public enemy, war, blockade, civil insurrection, riot, civil disturbance or strike or other labor difficulty caused or suffered by a Party or any third party beyond the reasonable control of such Party. However, financial cost alone or as the principal factor shall not constitute grounds for a claim of Force Majeure. “Green Tag” means a commercially recognized unit representing the value or amounts of Environmental Attributes. “Green Tag Reporting Rights” means the right of a green tag buyer to report the ownership of accumulated green tags in compliance with federal or state law, if applicable, to a federal or state buyer or any other party at the green tag buyer’s discretion. Such rights include without limitation those green tag reporting rights accruing under Section 1605(b) of The Energy Packet Page 164 of 313 {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 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 Seller’s obligations under this Agreement and agrees in writing to assume Seller’s duties and obligations under this Agreement. Packet Page 165 of 313 {WSS840942.DOC;1\00006.900000\ } 4 “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. 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. 2.2 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”), 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. 3. SELLER’S RIGHTS, DUTIES AND OBLIGATIONS. 3.1 Sale of Energy. Seller will sell to Customer, and Customer will purchase from Seller, all of the Energy produced by the SEF, as and when the same is produced, at the Energy Price set forth on Exhibit B 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. Packet Page 166 of 313 {WSS840942.DOC;1\00006.900000\ } 5 3.2 Monitoring, Metering and Billing. Seller will provide all monitoring, metering, billing, invoicing and administrative services necessary to fulfill Seller’s duties under this Agreement. 3.3 Ownership of RECs, Environmental Incentives, and Environmental Attributes. 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. 3.4 Title to SEF. 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. 3.5 Installation, Operation, and Maintenance of the SEF. 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. 3.6 Installation and Maintenance of the Utility Interconnection. 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. 3.7 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. If the cause of the threat relates to the SEF itself or the actions of Seller or other Persons for whom Seller is legally responsible, such remedial action will be at Seller’s sole cost and expense. If the cause of the threat is unrelated to the SEF or the actions of Customer or other Persons for whom Customer is legally responsible, such remedial action will be at Customer’s sole cost and expense. Packet Page 167 of 313 {WSS840942.DOC;1\00006.900000\ } 6 3.8 Avoidance of Liens on the Premises; Obligation to Cure Liens. 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. 3.9 Payment of Taxes and Assessments. Subject to Section 4.7, 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. 3.10 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. 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. BUYER’S RIGHTS, DUTIES AND OBLIGATIONS 4.1 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. 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. 4.3 Maintenance of Premises. 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 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 Section 6.2 of the Lease Agreement. Customer will maintain its connection and service contract(s) with the Packet Page 168 of 313 {WSS840942.DOC;1\00006.900000\ } 7 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”) 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. 4.5 Liens. 4.5.1 Notice to Premises Lienholders and Release. 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. 4.5.2 Avoidance of Liens on the SEF. 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. 4.6 Seller Failure to Pay Taxes and Charges. 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. 4.7 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. Packet Page 169 of 313 {WSS840942.DOC;1\00006.900000\ } 8 4.8 Security, Health and Safety. Customer will provide reasonable measures for the security of the Premises, including restricting access to the area on which the SEF is located and providing commercially reasonable monitoring of the Premises’ security alarms. Customer will use commercially reasonable efforts to maintain the Premises in a structurally sound and safe condition consistent with all applicable Laws. If Customer becomes aware of any circumstances relating to the SEF that creates an imminent risk of damage or injury to the SEF or any employee of Seller, Customer will promptly notify Seller's emergency contact identified on Exhibit C of such threat. 4.9 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. ACCEPTANCE TESTING, METERING, INVOICING AND PAYMENT 5.1 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”). 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. 5.2 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 are estimates for planning purposes only and do not represent guaranteed levels of the delivery of Energy. 5.3 Metering of Delivery. 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. Packet Page 170 of 313 {WSS840942.DOC;1\00006.900000\ } 9 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. 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. 5.6 Payment. 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. 5.7 Meter Verification. 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. 5.8 Books and Records. 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. 5.9 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 above, there is determined to have been a meter inaccuracy sufficient to require a payment adjustment. If the required adjustment is in favor of Customer, Customer’s monthly payment shall be credited in an amount equal to the adjustment. If the required adjustment is in favor of Seller, Seller will add the adjustment amount to Customer’s next monthly invoice. Adjustments in favor of either Customer or Seller shall bear Interest until settled in full. 6. NOTICES Packet Page 171 of 313 {WSS840942.DOC;1\00006.900000\ } 10 6.1 Addresses for the Delivery of Notices. Any notice required, permitted, or contemplated hereunder shall be in writing, shall be addressed to the Party to be notified at the address set forth below or at such other address or addresses as a Party may designate for itself from time to time by notice hereunder. Such notices may also be sent by fax transmission: To Seller: Edmonds Community Solar Cooperative C/O Tangerine Power Corporation 999 N. Northlake Way, Suite 301 Seattle, WA 98103 Attention: Chris Herman Fax No.: (206) 973.5385 Phone No.: (206) 525.3969 To Customer: City of Edmonds 121 5th Ave No Edmonds, WA 98020 Facsimile No.: 425-744-6057 Attn: Phil Williams To Customer (invoices): City of Edmonds 121 5th Ave No Edmonds, WA 98020 Attn: Carla Raymond 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. 7. CHANGES IN CIRCUMSTANCE; TERMINATION; PURCHASE OPTION 7.1 Change in Circumstances. 7.1.1 Substitution of Premises. Except to the extent this Agreement is assigned by Customer as permitted by Section 11 or as excused by Force Majeure, if Customer vacates the Premises prior to the expiration of this Agreement, Customer may provide Seller a mutually Packet Page 172 of 313 {WSS840942.DOC;1\00006.900000\ } 11 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. 7.1.2 Amendment to Agreement Upon Substitution of Premises. 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. 7.1.3 Removal of SEF Upon Substitution. 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 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. 7.2 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, Seller will reimburse Customer for any costs incurred by Customer in connection with the planned installation of the SEF and will remove, at Seller’s sole cost and expense, any portion of the SEF already installed at the Premises. 7.2.2 Customer’s Early Termination Rights. In addition to any other rights to terminate under other provisions of this Agreement, Customer may terminate this Agreement at 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: Packet Page 173 of 313 {WSS840942.DOC;1\00006.900000\ } 12 (a) If Customer elects to terminate this Agreement pursuant to this Section 7.2.2 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. (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 Temporary Closure of the Premises. If Customer desires or needs to conduct any type of work on the roof areas or supporting structures of the Premises requiring in excess of one week (168 hours) per year of SEF downtime, Customer will notify the seller at the contact record listed in this Agreement within 5 business days of when such downtime may be predicted. Customer is requested to keep such discretionary maintenance to the months of October through March, when solar energy production is lowest. If Customer incurs a power outage that will require Seller to immediately cease making deliveries of Energy, Customer will notify the seller at the contact record listed in this Agreement within twenty-four (24) hours. Customer will make a reasonable 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 permanently 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. 7.4 Removal of SEF at Expiration, Early Termination or Event of Default. 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 weather heads and ordinary wear and tear. Seller will take all practicable 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 weather heads and ordinary wear and tear) at Seller’s cost; Packet Page 174 of 313 {WSS840942.DOC;1\00006.900000\ } 13 provided, however that Customer may not undertake any improvements or betterments to the condition of the Premises at Seller’s cost. 7.5 Customer’s Purchase Option. Customer shall have the option at the end of the Initial Term and any applicable Extension Term to purchase the SEF at the Buy Out Price. Customer may exercise its purchase option by giving Seller no fewer than ninety (90) calendar days’ written notice prior to the expiration of the Initial Term or any applicable Extension Term of its interest in exercising the purchase option. If Customer provides such timely notice, the Parties shall attempt to agree on a fair market price for the SEF. If the Parties cannot agree on a value within thirty (30) calendar days after the date of Customer’s notice to Seller, fair market value shall be determined by an independent energy appraiser mutually acceptable to the Parties. In any case, ‘fair market value’ shall mean the price that would be established in an arm’s-length transaction between an informed and willing buyer and an informed and willing seller for the equipment that comprises the SEF as installed at the Premises. However, 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 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. 8. FORCE MAJEURE 8.1 No Liability If a Force Majeure Event Occurs. 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. 8.2 Notice. 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 Packet Page 175 of 313 {WSS840942.DOC;1\00006.900000\ } 14 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. DEFAULTS/REMEDIES 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 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. 9.3 Customer Defaults. The following events shall be defaults with respect to Customer (each, a “Customer Default”): 9.3.1 Customer fails to pay any undisputed amounts due Seller pursuant to this Agreement and such breach remains uncured for fifteen (15) Business Days following notice of such breach to Seller; 9.3.2 Customer breaches any material term of this Agreement, and (A) if such breach is capable of being cured within thirty (30) days after Seller’s notice of such breach, Customer has failed to cure the breach within such thirty (30) day period, or (B) if Customer has diligently commenced work to cure such breach during such thirty (30) day period but such breach is not capable of cure within such period, Customer has failed to cure the breach within a further thirty (30) day period (such aggregate period not to exceed sixty (60) days from the date of Seller’s notice); Packet Page 176 of 313 {WSS840942.DOC;1\00006.900000\ } 15 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. If a Customer Default described in Section 9.3.3 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. LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES 10.1 LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED FOR IN SECTIONS 14.1 AND 14.2 OF THIS AGREEMENT RELATING TO INDEMNIFICATION OBLIGATIONS OF SELLER AND CUSTOMER, NEITHER SELLER, 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 CUSTOMER’S MAXIMUM LIABILITY TO THE OTHER PARTY, EXCEPT INDEMNITY OBLIGATIONS IN RESPECT OF PERSONAL INJURY, PROPERTY DAMAGE AND INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, UNDER THIS AGREEMENT SHALL BE LIMITED, IN THE AGGREGATE, TO THE DIFFERENCE BETWEEN THE ENERGY PRICE CUSTOMER WOULD PAY UNDER THIS AGREEMENT AND CUSTOMER'S REPLACEMENT ENERGY COST DURING THE INITIAL TERM. Packet Page 177 of 313 {WSS840942.DOC;1\00006.900000\ } 16 10.2 EXCLUSION OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 3.5, 3.6, AND 3.7, 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. ASSIGNMENT 11.1 General Prohibition on Assignments. Except as provided in this Section 11 and Section 12, neither party shall have the right to assign any of its rights, duties or obligations under this Agreement without the prior written consent of the other party, which consent may not be unreasonably withheld or delayed. Seller may assign any of its rights, duties or obligations under this Agreement, without the consent of Customer, (i) to one or more of its affiliates, (ii) to one or more third parties in connection with a financing transaction, (iii) to any Person succeeding to all or substantially all of the assets of Seller, or (v) to a successor entity in a merger or acquisition transaction. 11.2 Change of Control of Seller. 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. 11.3 Change of Control of Customer; Sale of Premises. 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. GOVERNING LAW; DISPUTE RESOLUTION 12.1 Governing Law; Jurisdiction; Venue. 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. Packet Page 178 of 313 {WSS840942.DOC;1\00006.900000\ } 17 12.2 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 shall be entitled to recover its reasonable costs and expenses incurred in connection with such action, including reasonable attorneys’ fees. 13. INDEMNIFICATION 13.1 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, agents, 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”) 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. 13.2 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”) from and against any and all damages and expenses incurred by Seller Indemnified Parties arising from or out of a claim against Seller by any third person that an injury or death, or a loss or damage to property was caused by the activities or conduct of Customer at the Premises. Customer is excused from any indemnity obligation to Customer Indemnified Parties and is not required to reimburse or indemnify any Seller Indemnified Party for any claim to the extent such claim is due to the gross negligence or willful misconduct of any Seller Indemnified Party. 14. INSURANCE 14.1 Obligation to Maintain Coverage. 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 $2,000,000 general aggregate, $1,000,000 per occurrence. Participation in a governmental insurance pool qualifies as insurance coverage usual and typical for the Customer. In addition, Seller will carry adequate property loss insurance on the SEF. Seller and Customer agree that the SEF need not be covered by Customer’s property coverage. The amount and terms of the SEF insurance coverage will be determined at Seller’s sole discretion. Packet Page 179 of 313 {WSS840942.DOC;1\00006.900000\ } 18 14.2 Certificates of Insurance. Seller will furnish to Customer and Customer will furnish to Seller current certificates evidencing that the insurance required under Section 15.1 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. 14.3 Additional Insureds. To the extent deemed necessary or appropriate by Seller or Customer, Seller’s insurance policy will include Customer as an additional insured as Customer’s interest may appear to the extent commercially reasonable. 15. MISCELLANEOUS 15.1 Tax and Regulatory Compliance; Seller Tax Benefits. 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. 15.2 Entire Agreement; Integration; Exhibits. This Agreement, together with the Exhibits attached hereto, constitutes the entire agreement and understanding between Seller and Customer with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, which are of no further force or effect. The Exhibits attached hereto are integral parts hereof and are made a part of this Agreement by reference. In the event of a conflict between the provisions of this Agreement and those of any Exhibit, the provisions of this Agreement shall prevail, and such Exhibit shall be corrected accordingly. 15.3 Amendments. This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of Seller and Customer. 15.4 Prudent Operating Practices. 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. 15.5 No Partnership or Joint Venture. 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). 15.6 Time. Time is of the essence in this Agreement. 15.7 Unenforceable Provision. 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 Packet Page 180 of 313 {WSS840942.DOC;1\00006.900000\ } 19 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. 15.8 Counterparts. 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. 15.9 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] Packet Page 181 of 313 {WSS840942.DOC;1\00006.900000\ } 20 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date. SELLER: EDMONDS COMMUNITY SOLAR COOPERATIVE, a Washington Cooperative Association By: ____________________________ Name: __________________________ Title:___________________________ CUSTOMER: CITY OF EDMONDS By: ____________________________ Name: __________________________ Title: ___________________________ Packet Page 182 of 313 {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 ballast tray racks . Packet Page 183 of 313 {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.. Reflects 3% annual kWh rate escalation. Packet Page 184 of 313 {WSS840942.DOC;1\00006.900000\ } Exhibit C - 1 EXHIBIT C EMERGENCY CONTACT INFORMATION CUSTOMER: SELLER: Phil Williams Public Works & Utilities Director Attention: Phone No.: (425) 771-0234 Email: phil.williams@ci.edmonds.wa.us _____________________ _____________________ Attention: __________________ Phone No.: (___) _____________ Email: _______________________ _____________________ _____________________ Attention: __________________ Phone No.: (____) _____________ Email: _______________________ Packet Page 185 of 313 {WSS840942.DOC;1\00006.900000\ } EXHIBIT D NET METERING AGREEMENT ATTACHED IN: http://www.snopud.com/Site/Content/Documents/solarexp/NetMeterAgrmt609web.pdf Final version to be added here when available. Should a net metering agreement not be successfully consummated the energy services agreement is voided Packet Page 186 of 313 {WSS840942.DOC;1\00006.900000\ } 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. Buy out 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 its remaining useful life; (b) The cost of the lease for the property on which 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. An 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 mutually agreed-to value will be established with the city by at that time. Packet Page 187 of 313 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: July 1, 2020 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. Packet Page 188 of 313 SOLAR POWER ENERGY SERVICES AGREEMENT COVER SHEET OF TERMS {WSS840942.DOC;1\00006.900000\ } Net Metering Agreement: Attached as Exhibit D. Buyout Option: Attached as Exhibit E. Packet Page 189 of 313 {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 power attributes from the SEF, (ii) federal, state or local investment tax credits associated with Packet Page 190 of 313 {WSS840942.DOC;1\00006.900000\ } 2 the construction or operation of the energy projects; (iii) any other financial incentives in the form of credits, reductions, or allowances associated with the Solar Energy Facility that are applicable to a local, state or federal income taxation obligation, (iv) grants or subsidies in support of renewable energy, or (v) emission reduction credits encumbered or used by the Solar Energy Facility for compliance with local, state, or federal operating and/or air quality permits. “Environmental Incentives” include, but are not limited to, (i) federal, state, or local tax credits associated with the construction, ownership, or production of electricity from the Solar Energy Facility; (ii) any other financial incentives in the form of credits, reductions, or allowances associated with the Solar Energy Facility that are applicable to a local, state, or federal income taxation obligation; and (iii) grants or subsidies for which the Solar Energy Facility may be eligible. Environmental Incentives do not include Environmental Attributes or Green Tag Reporting Rights. “Estimated Annual Production” means the anticipated Energy output of the Solar Energy Facility as set forth on the attached Exhibit B. “Extension Term(s)” means up to two (2) consecutive period(s) of two (2) years immediately following the Initial Term, each, upon mutual agreement of Seller and Customer delivered in writing not less than 180 days prior to expiration of Initial Term or the applicable Extension Term. “Force Majeure” means any act or event that delays or prevents a Party from timely performing its obligations under this Agreement or from complying with conditions required under this Agreement if such act or event, despite the exercise of reasonable efforts, cannot be avoided or mitigated by, and is beyond the reasonable control of and without the fault or negligence of the Party relying thereon as justification for such delay, nonperformance, or noncompliance. Without limiting the generality of the foregoing, so long as the following events, despite the exercise of reasonable efforts, cannot be avoided or mitigated by, and are beyond the reasonable control of and without the fault or negligence of the Party relying thereon as justification for such delay, nonperformance or noncompliance, then Force Majeure may include without limitation: an act of God or the elements, site conditions, extreme or severe weather conditions, explosion, fire, epidemic, landslide, mudslide, sabotage, terrorism, lightning, earthquake, flood or similar cataclysmic event, an act of public enemy, war, blockade, civil insurrection, riot, civil disturbance or strike or other labor difficulty caused or suffered by a Party or any third party beyond the reasonable control of such Party. However, financial cost alone or as the principal factor shall not constitute grounds for a claim of Force Majeure. “Green Tag” means a commercially recognized unit representing the value or amounts of Environmental Attributes. “Green Tag Reporting Rights” means the right of a green tag buyer to report the ownership of accumulated green tags in compliance with federal or state law, if applicable, to a federal or state buyer or any other party at the green tag buyer’s discretion. Such rights include without limitation those green tag reporting rights accruing under Section 1605(b) of The Energy Packet Page 191 of 313 {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 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 Seller’s obligations under this Agreement and agrees in writing to assume Seller’s duties and obligations under this Agreement. Packet Page 192 of 313 {WSS840942.DOC;1\00006.900000\ } 4 “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. 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. 2.2 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”), 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. 3. SELLER’S RIGHTS, DUTIES AND OBLIGATIONS. 3.1 Sale of Energy. Seller will sell to Customer, and Customer will purchase from Seller, all of the Energy produced by the SEF, as and when the same is produced, at the Energy Price set forth on Exhibit B 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. Packet Page 193 of 313 {WSS840942.DOC;1\00006.900000\ } 5 3.2 Monitoring, Metering and Billing. Seller will provide all monitoring, metering, billing, invoicing and administrative services necessary to fulfill Seller’s duties under this Agreement. 3.3 Ownership of RECs, Environmental Incentives, and Environmental Attributes. 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. 3.4 Title to SEF. 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. 3.5 Installation, Operation, and Maintenance of the SEF. 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. 3.6 Installation and Maintenance of the Utility Interconnection. 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. 3.7 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. If the cause of the threat relates to the SEF itself or the actions of Seller or other Persons for whom Seller is legally responsible, such remedial action will be at Seller’s sole cost and expense. If the cause of the threat is unrelated to the SEF or the actions of Customer or other Persons for whom Customer is legally responsible, such remedial action will be at Customer’s sole cost and expense. Packet Page 194 of 313 {WSS840942.DOC;1\00006.900000\ } 6 3.8 Avoidance of Liens on the Premises; Obligation to Cure Liens. 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. 3.9 Payment of Taxes and Assessments. Subject to Section 4.7, 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. 3.10 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. 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. BUYER’S RIGHTS, DUTIES AND OBLIGATIONS 4.1 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. 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. 4.3 Maintenance of Premises. 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 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 Section 6.2 of the Lease Agreement. Customer will maintain its connection and service contract(s) with the Packet Page 195 of 313 {WSS840942.DOC;1\00006.900000\ } 7 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”) 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. 4.5 Liens. 4.5.1 Notice to Premises Lienholders and Release. 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. 4.5.2 Avoidance of Liens on the SEF. 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. 4.6 Seller Failure to Pay Taxes and Charges. 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. 4.7 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. Packet Page 196 of 313 {WSS840942.DOC;1\00006.900000\ } 8 4.8 Security, Health and Safety. Customer will provide reasonable measures for the security of the Premises, including restricting access to the area on which the SEF is located and providing commercially reasonable monitoring of the Premises’ security alarms. Customer will use commercially reasonable efforts to maintain the Premises in a structurally sound and safe condition consistent with all applicable Laws. If Customer becomes aware of any circumstances relating to the SEF that creates an imminent risk of damage or injury to the SEF or any employee of Seller, Customer will promptly notify Seller's emergency contact identified on Exhibit C of such threat. 4.9 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. ACCEPTANCE TESTING, METERING, INVOICING AND PAYMENT 5.1 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”). 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. 5.2 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 are estimates for planning purposes only and do not represent guaranteed levels of the delivery of Energy. 5.3 Metering of Delivery. 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. Packet Page 197 of 313 {WSS840942.DOC;1\00006.900000\ } 9 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. 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. 5.6 Payment. 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. 5.7 Meter Verification. 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. 5.8 Books and Records. 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. 5.9 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 above, there is determined to have been a meter inaccuracy sufficient to require a payment adjustment. If the required adjustment is in favor of Customer, Customer’s monthly payment shall be credited in an amount equal to the adjustment. If the required adjustment is in favor of Seller, Seller will add the adjustment amount to Customer’s next monthly invoice. Adjustments in favor of either Customer or Seller shall bear Interest until settled in full. 6. NOTICES Packet Page 198 of 313 {WSS840942.DOC;1\00006.900000\ } 10 6.1 Addresses for the Delivery of Notices. Any notice required, permitted, or contemplated hereunder shall be in writing, shall be addressed to the Party to be notified at the address set forth below or at such other address or addresses as a Party may designate for itself from time to time by notice hereunder. Such notices may also be sent by fax transmission: To Seller: Edmonds Community Solar Cooperative C/O Tangerine Power Corporation 999 N. Northlake Way, Suite 301 Seattle, WA 98103 Attention: Chris Herman Fax No.: (206) 973.5385 Phone No.: (206) 525.3969 To Customer: City of Edmonds 121 5th Ave No Edmonds, WA 98020 Facsimile No.: 425-744-6057 Attn: Phil Williams To Customer (invoices): City of Edmonds 121 5th Ave No Edmonds, WA 98020 Attn: Carla Raymond 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. 7. CHANGES IN CIRCUMSTANCE; TERMINATION; PURCHASE OPTION 7.1 Change in Circumstances. 7.1.1 Substitution of Premises. Except to the extent this Agreement is assigned by Customer as permitted by Section 11 or as excused by Force Majeure, if Customer vacates the Premises prior to the expiration of this Agreement, Customer may provide Seller a mutually Packet Page 199 of 313 {WSS840942.DOC;1\00006.900000\ } 11 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. 7.1.2 Amendment to Agreement Upon Substitution of Premises. 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. 7.1.3 Removal of SEF Upon Substitution. 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 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. 7.2 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, Seller will reimburse Customer for any costs incurred by Customer in connection with the planned installation of the SEF and will remove, at Seller’s sole cost and expense, any portion of the SEF already installed at the Premises. 7.2.2 Customer’s Early Termination Rights. In addition to any other rights to terminate under other provisions of this Agreement, Customer may terminate this Agreement at 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: Packet Page 200 of 313 {WSS840942.DOC;1\00006.900000\ } 12 (a) If Customer elects to terminate this Agreement pursuant to this Section 7.2.2 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. (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 Temporary Closure of the Premises. If Customer desires or needs to conduct any type of work on the roof areas or supporting structures of the Premises requiring in excess of one week (168 hours) per year of SEF downtime, Customer will notify the seller at the contact record listed in this Agreement within 5 business days of when such downtime may be predicted. Customer is requested to keep such discretionary maintenance to the months of October through March, when solar energy production is lowest. If Customer incurs a power outage that will require Seller to immediately cease making deliveries of Energy, Customer will notify the seller at the contact record listed in this Agreement within twenty-four (24) hours. Customer will make a reasonable 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 permanently 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. 7.4 Removal of SEF at Expiration, Early Termination or Event of Default. 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 weather heads and ordinary wear and tear. Seller will take all practicable 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 weather heads and ordinary wear and tear) at Seller’s cost; Packet Page 201 of 313 {WSS840942.DOC;1\00006.900000\ } 13 provided, however that Customer may not undertake any improvements or betterments to the condition of the Premises at Seller’s cost. 7.5 Customer’s Purchase Option. Customer shall have the option at the end of the Initial Term and any applicable Extension Term to purchase the SEF at the Buy Out Price. Customer may exercise its purchase option by giving Seller no fewer than ninety (90) calendar days’ written notice prior to the expiration of the Initial Term or any applicable Extension Term of its interest in exercising the purchase option. If Customer provides such timely notice, the Parties shall attempt to agree on a fair market price for the SEF. If the Parties cannot agree on a value within thirty (30) calendar days after the date of Customer’s notice to Seller, fair market value shall be determined by an independent energy appraiser mutually acceptable to the Parties. In any case, ‘fair market value’ shall mean the price that would be established in an arm’s-length transaction between an informed and willing buyer and an informed and willing seller for the equipment that comprises the SEF as installed at the Premises. However, 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 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. 8. FORCE MAJEURE 8.1 No Liability If a Force Majeure Event Occurs. 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. 8.2 Packet Page 202 of 313 {WSS840942.DOC;1\00006.900000\ } 14 8.3 Notice. 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. DEFAULTS/REMEDIES 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 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. 9.3 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 Packet Page 203 of 313 {WSS840942.DOC;1\00006.900000\ } 15 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. If a Customer Default described in Section 9.3.3 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. LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES 10.1 LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED FOR IN SECTIONS 14.1 AND 14.2 OF THIS AGREEMENT RELATING TO INDEMNIFICATION OBLIGATIONS OF SELLER AND CUSTOMER, NEITHER SELLER, 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 CUSTOMER’S MAXIMUM LIABILITY TO THE OTHER PARTY, EXCEPT INDEMNITY OBLIGATIONS IN RESPECT OF PERSONAL INJURY, PROPERTY DAMAGE AND INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, UNDER THIS AGREEMENT SHALL BE LIMITED, IN THE AGGREGATE, TO THE DIFFERENCE BETWEEN THE ENERGY PRICE CUSTOMER WOULD PAY Packet Page 204 of 313 {WSS840942.DOC;1\00006.900000\ } 16 UNDER THIS 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, 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. ASSIGNMENT 11.1 General Prohibition on Assignments. Except as provided in this Section 11 and Section 12, neither party shall have the right to assign any of its rights, duties or obligations under this Agreement without the prior written consent of the other party, which consent may not be unreasonably withheld or delayed. Seller may assign any of its rights, duties or obligations under this Agreement, without the consent of Customer, (i) to one or more of its affiliates, (ii) to one or more third parties in connection with a financing transaction, (iii) to any Person succeeding to all or substantially all of the assets of Seller, or (v) to a successor entity in a merger or acquisition transaction. 11.2 Change of Control of Seller. 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. 11.3 Change of Control of Customer; Sale of Premises. 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. GOVERNING LAW; DISPUTE RESOLUTION 12.1 Governing Law; Jurisdiction; Venue. 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 Packet Page 205 of 313 {WSS840942.DOC;1\00006.900000\ } 17 RESPECT TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. 12.2 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 shall be entitled to recover its reasonable costs and expenses incurred in connection with such action, including reasonable attorneys’ fees. 13. INDEMNIFICATION 13.1 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, agents, 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”) 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. 13.2 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”) from and against any and all damages and expenses incurred by Seller Indemnified Parties arising from or out of a claim against Seller by any third person that an injury or death, or a loss or damage to property was caused by the activities or conduct of Customer at the Premises. Customer is excused from any indemnity obligation to Customer Indemnified Parties and is not required to reimburse or indemnify any Seller Indemnified Party for any claim to the extent such claim is due to the gross negligence or willful misconduct of any Seller Indemnified Party. 14. INSURANCE 14.1 Obligation to Maintain Coverage. 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 $2,000,000 general aggregate, $1,000,000 per occurrence. Participation in a governmental insurance pool qualifies as insurance coverage usual and typical for the Customer. In addition, Seller will carry Packet Page 206 of 313 {WSS840942.DOC;1\00006.900000\ } 18 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. 14.2 Certificates of Insurance. Seller will furnish to Customer and Customer will furnish to Seller current certificates evidencing that the insurance required under Section 15.1 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. 14.3 Additional Insureds. To the extent deemed necessary or appropriate by Seller or Customer, Seller’s insurance policy will include Customer as an additional insured as Customer’s interest may appear to the extent commercially reasonable. 15. MISCELLANEOUS 15.1 Tax and Regulatory Compliance; Seller Tax Benefits. 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. 15.2 Entire Agreement; Integration; Exhibits. This Agreement, together with the Exhibits attached hereto, constitutes the entire agreement and understanding between Seller and Customer with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, which are of no further force or effect. The Exhibits attached hereto are integral parts hereof and are made a part of this Agreement by reference. In the event of a conflict between the provisions of this Agreement and those of any Exhibit, the provisions of this Agreement shall prevail, and such Exhibit shall be corrected accordingly. 15.3 Amendments. This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of Seller and Customer. 15.4 Prudent Operating Practices. 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. 15.5 No Partnership or Joint Venture. 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). 15.6 Time. Time is of the essence in this Agreement. Packet Page 207 of 313 {WSS840942.DOC;1\00006.900000\ } 19 15.7 Unenforceable Provision. 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. 15.8 Counterparts. 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. 15.9 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] Packet Page 208 of 313 {WSS840942.DOC;1\00006.900000\ } 20 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date. SELLER: EDMONDS COMMUNITY SOLAR COOPERATIVE, a Washington Cooperative Association By: ____________________________ Name: __________________________ Title:___________________________ CUSTOMER: CITY OF EDMONDS By: ____________________________ Name: __________________________ Title: ___________________________ Packet Page 209 of 313 {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 ballast tray racks . Packet Page 210 of 313 {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.. Reflects 3% annual kWh rate escalation. Packet Page 211 of 313 {WSS840942.DOC;1\00006.900000\ } Exhibit C - 1 EXHIBIT C EMERGENCY CONTACT INFORMATION CUSTOMER: SELLER: Phil Williams Public Works & Utilities Director Attention: Phone No.: (425) 771-0234 Email: phil.williams@ci.edmonds.wa.us _____________________ _____________________ Attention: __________________ Phone No.: (___) _____________ Email: _______________________ _____________________ _____________________ Attention: __________________ Phone No.: (____) _____________ Email: _______________________ Packet Page 212 of 313 {WSS840942.DOC;1\00006.900000\ } EXHIBIT D NET METERING AGREEMENT ATTACHED IN: http://www.snopud.com/Site/Content/Documents/solarexp/NetMeterAgrmt609web.pdf Final version to be added here when available. Should a net metering agreement not be successfully consummated the energy services agreement is voided Packet Page 213 of 313 {WSS840942.DOC;1\00006.900000\ } 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. Buy out 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 its remaining useful life; (b) The cost of the lease for the property on which 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. An 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 mutually agreed-to value will be established with the city by at that time. Packet Page 214 of 313 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 215 of 313 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 216 of 313 • 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 217 of 313 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 218 of 313 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 219 of 313 AM-3838   Item #: 2. G. City Council Meeting Date: 04/05/2011 Time:Consent   Submitted By:Gina Coccia Department:Planning Review Committee: Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Approval of findings regarding the March 15, 2011 closed record review of the Hearing Examiner’s recommendation to approve a fence height variance for PUD (File No. PLN20100070). Recommendation from Mayor and Staff Adopt the attached findings, conclusions, and decision on the variance (Exhibit 1). Previous Council Action On March 15, 2011, the Council unanimously voted to adopt the Hearing Examiner's recommendation to approve the requested variance (Exhibit 2). Narrative The attached document (Exhibit 1) formalizes the Council's March 15, 2011 decision to approve the requested variance. Attachments Exhibit 1 - Findings, Conclusions, & Decision Exhibit 2 - Meeting Minutes Form Review Inbox Reviewed By Date Planning Department Rob Chave 03/31/2011 09:29 AM City Clerk Sandy Chase 03/31/2011 09:30 AM Mayor Mike Cooper 03/31/2011 03:09 PM Final Approval Sandy Chase 03/31/2011 04:51 PM Form Started By: Gina Coccia Started On: 03/31/2011 08:38 AM Final Approval Date: 03/31/2011  Packet Page 220 of 313 Findings, Conclusions, and Decision of City Council on Application for Fence Height Variance - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE EDMONDS CITY COUNCIL In RE the Application of: Snohomish County PUD #1 For a Variance ) ) ) ) ) ) ) ) ) ) No.: PLN-2010-0070 Findings, Conclusions, and Decision of the Edmonds City Council on the Richmond Park Substation Fence Height Variance This application came before the Edmonds City Council on March 15, 2011 for a closed-record pre-decision hearing pursuant to ECDC 17.00.030.C. The City Council was presented with an agenda memo which included the following four exhibits: 1. December 28, 2010 Report & Recommendation to the Hearing Examiner from Gina Coccia, Associate Planner, and attachments thereto; 2. January 6, 2011 written comments from Mr. Alvin Rutledge; 3. February 2, 2011 recommendation from the Edmonds Hearing Examiner, Sharon Rice; 4. Chapter 20.85 ECDC entitled “Variances” and ECDC 17.00.030 entitled “Application of regulations.” EXHIBIT - 1 Packet Page 221 of 313 Findings, Conclusions, and Decision of City Council on Application for Fence Height Variance - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Hearing Examiner had previously conducted an open-record hearing on January 20, 2011. For its findings of fact and conclusions of law, the City Council hereby adopts by reference the findings and conclusions contained in the Hearing Examiner’s recommendation dated February 2, 2011 as fully as if set forth herein. A copy of the Hearing Examiner’s recommendation was designated as Exhibit 3 in the materials before the City Council. The findings contained therein and adopted hereby satisfy the requirements of ECDC 20.85.010. DECISION The applicant has satisfied the variance criteria enumerated in ECDC 20.85.010 with respect to the application at issue. A variance is warranted under these circumstances. For the reasons set forth in the Hearing Examiner’s February 2, 2011 recommendation, the City Council hereby APPROVES the applicant’s variance request and adopts the Hearing Examiner’s recommendation as the City Council’s decision. DONE this 5TH day of April, 2011. CITY OF EDMONDS ___________________________________ Mayor Mike Cooper ATTEST / AUTHENTICATED: Sandra S. Chase, City Clerk EXHIBIT - 1 Packet Page 222 of 313 Findings, Conclusions, and Decision of City Council on Application for Fence Height Variance - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 APPROVED AS TO FORM: Jeffrey B. Taraday, City Attorney 4826-7121-0505, v. 1 EXHIBIT - 1 Packet Page 223 of 313 Edmonds City Council Approved Minutes March 15, 2011 Page 1 EDMONDS CITY COUNCIL APPROVED 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. EXHIBIT - 2 Packet Page 224 of 313 Edmonds City Council Approved Minutes March 15, 2011 Page 4 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. EXHIBIT - 2 Packet Page 225 of 313 Edmonds City Council Approved Minutes March 15, 2011 Page 5 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. EXHIBIT - 2 Packet Page 226 of 313 Edmonds City Council Approved Minutes March 15, 2011 Page 6 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. EXHIBIT - 2 Packet Page 227 of 313 Edmonds City Council Approved Minutes March 15, 2011 Page 7 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 EXHIBIT - 2 Packet Page 228 of 313 AM-3837   Item #: 2. H. City Council Meeting Date: 04/05/2011 Time:Consent   Submitted For:Jim Tarte Submitted By:Jim Tarte Department:Finance Review Committee: Finance Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Ordinance amending the provisions of the Edmonds City Code, Section 3.05.110, related to transfer authority within the Equipment Rental Fund. Recommendation from Mayor and Staff Adopt the ordinance. Previous Council Action The ordinance was reviewed by the Finance Committee on 03-08-11, and recommended to be placed on the Consent Agenda for approval.  The Finance Committee Meeting Minutes are attached. Narrative On 10/05/2010, Council passed the 2009-2010 Mid Year Budget amendment (AM-3424) which transfered monies related to Fire assets from the Equipment Rental Fund to the Public Safety Reserve Fund. However, under current law, monies in the Equipment Rental Fund are restricted. This proposed ordinance codifies Council intent and actions by allowing the transfer as it relates to Fire assets only.  Attachments Ordinance - Equipment Rental Fund 03-08-11 Finance Committee Minutes Form Review Inbox Reviewed By Date City Clerk Sandy Chase 03/31/2011 09:18 AM Mayor Mike Cooper 03/31/2011 03:09 PM Final Approval Sandy Chase 03/31/2011 04:51 PM Form Started By: Jim Tarte Started On: 03/31/2011 08:24 AM Final Approval Date: 03/31/2011  Packet Page 229 of 313 - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE, SECTION 3.05.110, RELATED TO TRANSFER AUTHORITY WITHIN THE EQUIPMENT RENTAL FUND, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds contracted for Fire Protection services with Snohomish County Fire District 1 effective January 1, 2010, and WHEREAS, the City of Edmonds has restricted monies related to vehicles and equipment related to the City’s former Fire Department in the Equipment Rental Fund, and WHEREAS, the City Council desires to transfer monies related to the former Fire Department to other funds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code Section 3.05.110 Retention of monies. is hereby amended to read as follows (new text is shown in underline Section 3.05.110 Retention of monies. ): All monies in the equipment rental fund shall be retained there from year to year and shall not be transferred to any other fund or expended for any other purpose. However, due to the outsourcing of the City’s Fire Services in January 2010, all monies associated with equipment and vehicles owned by the former City of Edmonds Fire Department may be transferred to other funds at the discretion of the City Council. Packet Page 230 of 313 - 2 - Section 2. Effective Date . This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 231 of 313 - 3 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2011, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE, SECTION 3.05.110, RELATED TO TRANSFER AUTHORITY WITHIN THE EQUIPMENT RENTAL FUND, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2011. CITY CLERK, SANDRA S. CHASE Packet Page 232 of 313 FINANCE COMMITTEE MEETING MINUTES March 8, 2011 6:00 p.m. City Council Present: Councilmember Petso Councilmember Bernheim Staff Present: Al Compaan, Police Chief Debi Humann, Human Resources Director Others Present: Jeff Taraday, City Attorney James A. Feldman (Public Defender) Bruce Witenberg Ron Wambolt Roger Hertrich Committee Chair Petso called the meeting to order at 6:00 p.m. in the Jury Meeting Room. Review and approval of the Agreement for Legal Representation of Indigent Defendants. Ms. Humann led discussion of the proposed public defender contract covering the term 1- 1-2011 through 12-31-2014. Ms. Humann and Mr. Feldman discussed the proposed monetary terms of the contract and the fact the contract could be based on a per case charge (as is the case with the expired contract) or can be based on an all-inclusive monthly retainer fee. Finance Committee decided to move the contract to full council as a regular agenda item, and Ms. Petso requested that staff provide public defender costs for comparable cities to assist with the discussion. Discussion of Woodway Police Services Contract. Terms of the current agreement (valid through December 31, 2012) were discussed, as well as the 90 day termination clause. Finance Committee determined they wished to move forward with further discussion of this contract along with various options for change in terms. That sentiment was based upon opinions expressed by full Council at the February 4 and 5 Council Retreat that the current terms may need to be changed so that Woodway pays more of their fair share of the cost of police services. Chief Compaan agreed to meet with Councilmember Petso to develop some equitable contract terms scenarios with the intent to discuss the Woodway contract again at the April Finance Committee meeting. Monthly General Fund Update. No representatives from Finance Department were in attendance. This item postponed until the April Finance Committee meeting. Packet Page 233 of 313 03-08-11 Finance Committee Minutes, Page 2 Requesting authorization to salvage surplus and obsolete parts and equipment for the Wastewater Department. No staff representatives from Public Works were present. Finance Committee asked whether a public hearing was necessary in order for property to be declared surplus. The city attorney said that because it is utility property, there does need to be a public hearing as well as City Council approval for surplus. Councilmember Petso expressed concern that some of the equipment recommended for surplus appeared to be new and would appreciate an explanation. Finance Committee requests that Council President Peterson set the surplus matter for a public hearing. Amend Equipment Rental Fund Ordinance to allow Fire asset transfers. This matter was approved for consent agenda and the city attorney was asked to remove the incorrect ordinance summary (referring to bicycle lanes) that appeared in the Finance Committee packet and replace it with the correct ordinance summary. Public Comments Mr. Wambolt suggested the city may wish to review contract terms regarding Fire District #1 and the Town of Woodway to see whether a similar formula could be applied for police. Mr. Witenberg asked about how legal fees that are awarded during the course of litigation may impact the city attorney contract. The city attorney and Finance Committee members were of the consensus that attorneys fees awarded to the city during litigation would flow back to the city. Meeting adjourned at 7:00 p.m. Packet Page 234 of 313 AM-3835   Item #: 2. I. City Council Meeting Date: 04/05/2011 Time:  Submitted For:Councilman D.J. Wilson Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type:Action  Information Subject Title Resolution regarding the City of Edmonds participating in First Lady Michelle Obama's "Let's Move!" campaign. Recommendation from Mayor and Staff Previous Council Action Narrative Councilman D. J. Wilson has placed this on the Council Consent Agenda for approval. Attachments Attach 1 - Resolution Attach 2 - Let's Move Web Site Form Review Inbox Reviewed By Date City Clerk Sandy Chase 03/31/2011 09:18 AM Mayor Mike Cooper 03/31/2011 03:09 PM Final Approval Sandy Chase 03/31/2011 04:51 PM Form Started By: Jana Spellman Started On: 03/31/2011 07:44 AM Final Approval Date: 03/31/2011  Packet Page 235 of 313 RESOLUTION REGARDING THE CITY OF EDMONDS PARTICIPATING IN FIRST LADY MICHELLE OBAMA’S “LET’S MOVE!” CAMPAIGN Whereas First Lady Michelle Obama has launched the “Let’s Move!” campaign to focus on the growing issue of childhood obesity in America, and Whereas this issue is a primary concern of the Parks, Recreation and Cultural Services Department of the City of Edmonds, and Whereas joining this initiative can be done by signature of the mayor without Council approval, but in this instance Council person DJ Wilson has expressed an interest in being the liaison with the Department of Health and Human Services on this initiative given his professional relationships with the organization and its leadership, Now, therefore, be it resolved that the City Council of the City of Edmonds affirms the commitment to join the “Let’s Move!” initiative and Councilperson DJ Wilson’s role as liaison for the City of Edmonds with the Dept of Health and Human Services. Packet Page 236 of 313 Packet Page 237 of 313 Packet Page 238 of 313 Packet Page 239 of 313 Packet Page 240 of 313 AM-3827   Item #: 3. City Council Meeting Date: 04/05/2011 Time:5 Minutes   Submitted For:Council President Peterson Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type: Information Subject Title Report on New Energy Cities Action Plan. Recommendation from Mayor and Staff Previous Council Action Council approved a contract with Climate Solutions to become a New Energy City which included convening a 2-day workshop and creating an “action plan” to achieve greater energy independence. Narrative The New Energy Cities workshop was held on January 27 and 28, 2011 with nearly 60 participants. Since that time, New Energy Cities staff has worked closely with the Mayor, staff and Council President Peterson to create an action plan based on feedback from the workshop. This is an update on that process. Form Review Inbox Reviewed By Date City Clerk Sandy Chase 03/31/2011 09:18 AM Mayor Mike Cooper 03/31/2011 03:08 PM Final Approval Sandy Chase 03/31/2011 04:51 PM Form Started By: Jana Spellman Started On: 03/30/2011 09:17 AM Final Approval Date: 03/31/2011  Packet Page 241 of 313 AM-3809   Item #: 4. City Council Meeting Date: 04/05/2011 Time:10 Minutes   Submitted By:Steve Koho Department:Wastewater Treatment Plant Review Committee: Finance Committee Action: Recommend Review by Full Council Type:Action  Information Subject Title Public hearing to surplus utility assets. Recommendation from Mayor and Staff Adopt the resolution declaring listed assets, purchased for utility purposes, to be surplussed to the needs of the City and authorizing the Public Works Director to sell such surplus assets. Previous Council Action On March 8, 2011, the Finance Committee reviewed the surplus request and recommended the item be placed on a future Council agenda for a public hearing. Narrative The City currently owns certain assets that were originally acquired for utility purposes and that have been determined by the Public Works Director to be no longer required for providing continued public utility service.  RCW 35.94.040 provides that the City may, by resolution of its legislative body after a public hearing, declare such assets surplus and thereafter cause such assets to be leased, sold, or conveyed. Attachments Resolution List of utility surplus items Form Review Inbox Reviewed By Date Public Works Phil Williams 03/21/2011 02:23 PM City Clerk Sandy Chase 03/29/2011 08:14 AM Community Services/Economic Dev.Sandy Chase 03/29/2011 08:23 AM City Clerk Sandy Chase 03/29/2011 08:39 AM Community Services/Economic Dev.Sandy Chase 03/29/2011 08:40 AM Mayor Mike Cooper 03/30/2011 12:44 PM Final Approval Sandy Chase 03/30/2011 12:47 PM Form Started By: Steve Koho Started On: 03/14/2011 11:51 AM Final Approval Date: 03/30/2011  Packet Page 242 of 313 {BFP760362.DOC;1\00006.900175\ } - 1 - RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DECLARING CERTAIN PROPERTIES ORIGINALLY ACQUIRED FOR UTILITY PURPOSES TO BE SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SELL SUCH SURPLUS PROPERTIES. WHEREAS, the City currently owns certain properties that were originally acquired for utility purposes and that have been determined by the Public Works Director to be no longer required for providing continued public utility service, and WHEREAS, RCW 35.94.040 provides that the City may, by resolution of its legislative body after a public hearing, declare such properties surplus and thereafter cause such property to be leased, sold, or conveyed, and WHEREAS, the Edmonds City Council held a public hearing on such surplus property on and, after considering any and all testimony received, determined to enact this resolution declaring the properties surplus and authorizing their sale, now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Properties Declared Surplus. That certain properties described on Exhibit A to this resolution, which were originally acquired for utility purposes, are no longer required for providing continued public utility service and are hereby declared to be surplus to the City’s needs. Section 2. Authority of Public Works Director. The Public Works Director of the City of Edmonds is hereby authorized and directed to sell the property described on Packet Page 243 of 313 {BFP760362.DOC;1\00006.900175\ } - 2 - Exhibit A in any commercially reasonable manner of his/her choosing, including without limitation sealed bid, auction, or private sale, so long as the City receives, in return for each item sold, no less than fair market value or rent or consideration as listed on Exhibit A. Every sale made pursuant to this resolution shall be on an “as is” basis and shall include an express disclaimer by the City of any and all warranties or liability. RESOLVED this ___ day of ________________, 2011. APPROVED: MAYOR, MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 244 of 313 Packet Page 245 of 313 Packet Page 246 of 313 Packet Page 247 of 313 Packet Page 248 of 313 Packet Page 249 of 313 Packet Page 250 of 313 Packet Page 251 of 313 Packet Page 252 of 313 Packet Page 253 of 313 AM-3833   Item #: 6. City Council Meeting Date: 04/05/2011 Time:15 Minutes   Submitted By:Debi Humann Department:Human Resources Review Committee: Committee Action: Recommend Review by Full Council Type:Action  Information Subject Title Review and approval of the Agreement for Legal Representation of Indigent Defendants. Recommendation from Mayor and Staff Mayor and staff request the approval of the attached Agreement. Previous Council Action The "current" Agreement for Legal Representation of Indigent Defendants between Feldman & Lee, P.S., Inc. and the City of Edmonds expired December 31, 2010.  An interim agreement was approved by Council allowing for the continuation of this service until a new Agreement could be negotiated and approved.  The new Agreement is attached for Council Review and consideration. The Agreement was reviewed at the March 8, 2011 Finance Committee Meeting.  The Finance Committee expressed a desire to see comparable data (attached) and also had some discussion regarding the cost of video arraignments.  Please note that Assistant Police Chief Gerry Gannon did research regarding the cost of video arraignments and provided the savings to me in an e-mail dated March 9, 2011 (also attached).  Narrative As stated above, our Public Defender is Feldman & Lee, P.S., Inc.  As also stated above, the Agreement with Feldman & Lee, P.S., Inc. expired December 31, 2010.  As a result, a new Agreement has been negotiated and is being brought forward for Council's review and possible approval. The new Agreement is identical to the former with two exceptions; (1) to the "Scope of and Payment for Legal Services to be Rendered" language, and, (2) to amendments being considered regarding court rules CrR3.1, CrRLJ3, JuCR9.2, and, as it relates to the rule for the assignment of a lawyer (see the memorandum dated December 15, 2010 from Mr. Feldman). The former Agreement was funded on a "per case basis" with additional charges for special appearances and appeals.  As the letter (dated October 27, 2010) from James Feldman states, two additional arraignment calendar dates per week have been added to his schedule at $200 per arraignment.  These two additional dates will add approximately $20,800 annually.  In looking at 2010 expenses, Feldman & Lee, P.S., Inc. handled 969 cases at $130 per case.  With the other fees allowed under the contract, the City funded the Public Defender $134,100 last year.  If the $20,800 for the additional arraignment dates ($200 per arraignment twice a week) are added, the new annual estimated cost for this contract could be $154,900 (estimated using the same number of cases as 2010).   Mr. Feldman would agree to continue his Agreement on a "per case" basis but suggests that the City may Packet Page 254 of 313 Mr. Feldman would agree to continue his Agreement on a "per case" basis but suggests that the City may want to go with a flat monthly amount that would be all inclusive of other costs and fees.  Mr. Feldman has agreed that an appropriate monthly flat rate would be $12,625.  On an annual basis that would equate to approximately $151,500 resulting in a slight savings over the per case fee structure with additional fees/costs and, additionally, would allow for containment of costs since the monthly amount would be all inclusive of other fees and appearances.  The attached Agreement reflects the monthly flat rate model (see 4.A.).   The new language regarding possible changes to Washington State Supreme Court rules has also been included in this new Agreement for your review (see 4.B.).   Please note that the current Public Defender has had the same rates in place ($130 per case, $200 per arraignment, and $40 for special hearings) since January 1, 2002.  Further, the number of cases handled by Feldman & Lee, P.S., Inc. has been 750 in 2007, 955 in 2008, 959 in 2009, and 969 in 2010.   Attachments Public Defender Materials Form Review Inbox Reviewed By Date City Clerk Sandy Chase 03/30/2011 02:06 PM Mayor Mike Cooper 03/31/2011 03:09 PM Final Approval Sandy Chase 03/31/2011 04:51 PM Form Started By: Debi Humann Started On: 03/30/2011 01:15 PM Final Approval Date: 03/31/2011  Packet Page 255 of 313 Packet Page 256 of 313 Packet Page 257 of 313 Packet Page 258 of 313 Packet Page 259 of 313 Packet Page 260 of 313 Packet Page 261 of 313 Packet Page 262 of 313 Packet Page 263 of 313 Packet Page 264 of 313 Packet Page 265 of 313 Packet Page 266 of 313 Packet Page 267 of 313 Packet Page 268 of 313 Packet Page 269 of 313 Packet Page 270 of 313 Packet Page 271 of 313 Packet Page 272 of 313 Packet Page 273 of 313 Packet Page 274 of 313 Packet Page 275 of 313 Packet Page 276 of 313 Packet Page 277 of 313 AM-3824   Item #: 7. City Council Meeting Date: 04/05/2011 Time:20 Minutes   Submitted For:Edmonds Economic Development Commission Submitted By:Stephen Clifton Department:Community Services Committee:Type:Action Information Subject Title Request for authorization to advertise/issue Request for Proposal (RFP) for a Strategic Plan. Recommendation from Mayor and Staff Previous Council Action March 16, 2010 - The Edmonds City Council approved Resolution 1224, which expressed support for the Edmonds EDC Commission to move forward with its six higher priority recommendations. One of the proposals was for the “City Council to commit to developing a strategic plan, then reviewing/updating every year, ideally corresponding to the City Council’s annual retreat; this includes setting goals and continually assessing progress metrics” and to “develop a community vision that addresses a balance between quality of life and growth objectives while furthering Edmonds’ “green” initiatives”. December 2010 - The Edmonds City Council voted to approve funding to pay for a strategic planning process and plan. Narrative In the past two decades, the City of Edmonds has engaged the public in a variety of efforts to shape the community’s future via the City of Edmonds Comprehensive Plan, Transportation Plan, Economic Development Plan, Parks, Recreation and Open Space Plan, the Community Cultural Plan, etc., and specific community projects. This being said, an overarching comprehensive strategic planning and visioning process for the community has not been accomplished.  In recent years, there has been increasing interest in creating a community wide vision and strategic plan. On June 2, 2009, the Edmonds City Council passed Ordinance 3735, which amended the Edmonds City Code, Title 10, adding a new Chapter 10.75 Citizens Economic Development Commission.  On January 19, 2010, a Combined Economic Development Commission and Planning Board 2009 Annual Report was submitted to the City Council and presentations were given by the Edmonds Economic Development Commission and Planning Board Chairs during the City Council meeting. The combined report contained six recommended higher priority initial proposals as part of a multi-faceted approach; as no single proposed strategy, policy, or program can assure success for the community or fix the problem. One of the proposals was for the “City Council to commit to developing a strategic plan, then reviewing/updating every year, ideally corresponding to the City Council’s annual retreat; this includes setting goals and continually assessing progress metrics”.  On March 16, 2010, the Edmonds City Council approved Resolution 1224, which expressed support for Packet Page 278 of 313 the Edmonds EDC Commission to move forward with its six higher priority recommendations. On December 2010, the City Council expressed strong support by approving funding to pay for a strategic planning process and plan. A draft Request For Proposals (RFP) For A Strategic Plan was routed to the Edmonds City Council, Mayor Cooper, Department Directors, Edmonds Economic Development Commission, and Planning Board to solicit comments. Those received were incorporated into the attached final RFP draft and discussed during a March 16, 2011 Edmonds Economic Development Commission meeting. The Commission expressed unanimous support to forward the attached RFP final draft to the Edmonds City Council for their review and authorization to issue the RFP. Regarding the funding to pay for the preparation of a Strategic Plan, the following funding sources were identified and approved during 2011 budget process:  • $60,000 – Salary savings from delaying the hiring of a Development Services Director in 2011 • $20,000 – Economic Development Department • $7,500 –Development Services Department Professional Services Line Item • $12,500 – City Council contingency fund   An Economic Development Commission Strategic Planning Process Initiative Report, prepared by the Edmonds EDC Strategic Planning and Visioning subgroup and endorsed by the Edmonds EDC, was posted to the City’s website last year. This document provides an overview of the purpose of preparing a strategic plan. . Attachments Attachment 1 - RFP for Strategic Plan Attachment 2 - Edmonds EDC Draft Strategic Planning Subgroup Report Form Review Inbox Reviewed By Date Final Approval Sandy Chase 03/30/2011 12:47 PM Form Started By: Stephen Clifton Started On: 03/28/2011 01:11 PM Final Approval Date: 03/30/2011  Packet Page 279 of 313 1 CITY OF EDMONDS, WASHINGTON REQUEST FOR PROPOSALS (RFP) FOR A STRATEGIC PLAN Issued April ?, 2011 Packet Page 280 of 313 2 City of Edmonds, Washington Request for Proposals (RFP) for a Strategic Plan The City of Edmonds is seeking a qualified person or firm to contract for consulting services to guide a citywide Strategic Planning process. The deadline for submittals is 5:00 p.m. on April ?, 2011. See below for specific information and requirements. SUBMIT PROPOSAL TO: City of Edmonds Community Services and Economic Development Department c/o Stephen Clifton, Director 121 – 5th Edmonds, WA 97005 Avenue North 425-775-7724 ABOUT THE CITY Edmonds is located within the Seattle metropolitan area and is home to a population of 40,900. Celebrated as an arts community, Edmonds is also known for its charming downtown area, excellent schools, beautiful public parks and beaches, attractive residential neighborhoods, and public marina. Edmonds is strategically located along the shores of Puget Sound, midpoint between the Cities of Seattle and Everett. Edmonds enjoys direct access to two major highways (104 and 99), and connections to mass transit via Sound Transit commuter rail, AMTRAK regional rail, Washington State Ferries, and Community Transit bus system. The City is home to more than 1706 (2010) businesses including Swedish Edmonds Hospital and the Port of Edmonds. The majority of Edmonds’ employment falls within four categories, i.e., Retail, Government, Professional/Science/Technical, and Health Care. Edmonds operates under the Strong Mayor-Council form of government as set forth in RCW 35A.12. More information about the City is available on our website at www.ci.edmonds.wa.us/rfp.stm. BACKGROUND In the past two decades, the City of Edmonds has engaged the public in a variety of efforts to shape the community’s future via the City of Edmonds Comprehensive Plan, Transportation Plan, Economic Development Plan, Parks, Recreation and Open Space Plan, the Community Cultural Plan, etc., and specific community projects. This being said, an overarching comprehensive strategic planning and visioning process for the community has not been accomplished. In recent years, the community has expressed increasing interest in creating a community wide vision and strategic plan. On June 2, 2009, the Edmonds City Council passed Ordinance 3735, Packet Page 281 of 313 3 which amended the Edmonds City Code, Title 10, adding a new Chapter 10.75 Citizens Economic Development Commission. On January 19, 2010, a Combined Economic Development Commission and Planning Board 2009 Annual Report was submitted to the City Council, and presentations were given by the Edmonds Economic Development Commission and Planning Board Chairs during the City Council meeting. The combined report contained six recommended higher priority initial proposals as part of a multi-faceted approach; as no single proposed strategy, policy, or program can assure success for the community or fix the problem. One of the proposals was for the “City Council to commit to developing a strategic plan, then reviewing/updating every year, ideally corresponding to the City Council’s annual retreat; this includes setting goals and continually assessing progress metrics” and to “develop a community vision that addresses a balance between quality of life and growth objectives while furthering Edmonds’ “green” initiatives”. On March 16, 2010, the Edmonds City Council approved Resolution 1224, which expressed support for the Edmonds EDC Commission to move forward with its six higher priority recommendations. On December 2010, the City Council expressed strong support by approving funding to pay for a strategic planning process and plan. WHAT THE CITY IS LOOKING FOR The City of Edmonds is seeking sealed proposals from qualified persons or firms to contract for consulting services to guide a Strategic Planning process for the City. Consultants are invited to submit a proposal which includes an outline of their experience and qualifications in performing work directly related to the services required. Strategic planning determines where an organization is going over the next few years or more and how it's going to get there. A Strategic Plan is intended to help the City direct its efforts and resources toward a clearly defined vision for its future. The plan should include benchmarks or milestones that measure the City’s progress along the way. Edmonds is interested in having this plan completed proactively and transparently with community acceptance. The process should allow for both active and passive involvement ensuring diverse and extensive community participation. While the details of the strategic planning process are to be determined and negotiated with the chosen consultant, a four step process to be considered may include: 1) Setting Direction (Environmental Scan and Vision) 2) Focusing Efforts (Goals and Priorities) 3) Implementation (Citywide/Department Plans) 4) Reporting (Progress). A strategic plan is a “living document” and should undergo periodic review and adjustment to reflect progress towards achievement of goals and/or modifications of goals. As a process and eventual working document, the Edmonds Strategic Planning process and final document should provide a plan with 5, 10 and 20 year horizons to address the following issues: Packet Page 282 of 313 4 • Help the City of Edmonds decide what it wants to be in the future, including identification of what makes Edmonds unique and special, and how the City can position itself to be prepared for the future while still retaining those qualities. • Transform the conceptual goals of the visioning process into realistic, achievable targets. • Encourage engagement and spark the interest and excitement of active/passive residents, business & property owners, city officials/ administration and staff, and others in the future potential of the City. • Provide a process that allows general alignment and focus of the City Council, City administration, and staff, in addition to citizens, business interests, community groups, etc. to foster a sense of cohesion as to the City’s strategic direction. • Evaluate existing and future public facilities and services; priorities, phasing; help identify how City resources should be allocated and how to maintain customer service levels. • Generate new ideas and discussion about the built environment, sustainability, sense of place, and the City’s overall identity. • Chart an effective, considered, and innovative course of action for the City’s future, setting priorities and maximizing innovative opportunities. • Serve as a way to organize and prioritize City initiatives and resources to achieve specific goals within a specific period of time, e.g., 3 - 6 year timeframe in the short term, and 7 - 20 year timeframe in the long term, with specific performance measures. • Recognize economic development potential and ways to diversify the local economy. • Identify and analyze potential partnerships with other entities; (such as public/public, public/private) and encourage significant private investment in the limited redevelopment opportunities in the City. • Plan for fiscal sustainability. Through this planning process, the City is also interested in the successful prioritization of services and the following objectives: • Ability to evaluate the services we provide, one versus another. • To better understand our services in the context of the cause-and-effect relationship they have on the organization’s priorities. • To provide a higher degree of understanding among decision makers as they engage in a process to rank services based on priorities. • Articulate to people within the City and to the public how we value our services, how we invest in our priorities, and how we divest ourselves of lower-priority services (if necessary). A preliminary flow chart and proposed schedule are attached to this RFP for informational purposes only. Packet Page 283 of 313 5 SCOPE OF SERVICES Please see Attachment A. QUALIFICATIONS Any combination of skills and experience that can successfully and effectively address the scope of services. PROCESS FOR QUESTIONS For questions regarding the City’s RFP process or the services being sought, please contact Community Services and Economic Development Director Stephen Clifton via email at Clifton@ci.edmonds.wa.us or via telephone at (425) 771-0251, up to 5:00 p.m. on April ?, 2011 (see also submittal requirements) PROCESS AND TIMELINE FOR SELECTION The City’s process and timeline for selection of a Consultant are as follows: April ?, 2011 at 2:00 – 3:00 p.m. – Presubmittal Conference This will be an opportunity for potential candidates to ask questions and obtain information about the RFP process and the Strategic Planning process. Attendance is optional. The Pre-submittal Conference will be held at Edmonds City Hall Brackett Meeting Room. April ?, 2011 at 5:00 p.m. - Deadline for RFP submittals Submittals must be received at City Hall, located at 121 – 5th Avenue North, Edmonds, Washington 98020 by the above deadline. Submittals should be marked to the attention of Stephen Clifton, Community Services / Economic Development Director. Digital proposals may be submitted via e-mail to (Clifton@ci.edmonds.wa.us), but the City assumes no responsibility for formatting or transmission errors. Submittals received after the deadline will not be considered. April ?, 2011 - Consideration of submittals and selection of interview candidates An evaluation team will select candidate(s) from submittals received for interview(s). This process will include review of submittals, references, and other information as necessary, as well as rating of submittals. Interviews with selected candidates Interviews will provide an opportunity for the City and selected candidates to further gauge their fit and ability to work with each other. Packet Page 284 of 313 6 Please ensure that the appropriate representative, including the designated Project Manager, will be available to attend an interview if selected as a finalist. April/May?, 2011 - Selection of preferred candidate The City will select a preferred candidate, based on the interviews, written proposal, and other information, as well as the results of the reference checks, and will contact all candidates about the results. Negotiation of contract The City will attempt to negotiate a satisfactory contract with a preferred candidate. If the City determines, at its sole discretion, that the negotiation is not proceeding satisfactorily, the City may terminate negotiation with the preferred candidate and may begin negotiation with another candidate. Approval of contract by City Council (tentative date) SUBMITTAL REQUIREMENTS To be considered, interested parties must submit by the deadline five copies of a proposal package that includes the following: • Letter of interest – must be no more than two pages (note: one page is one side of an 8½” x 11” paper) in length and include contact information and signature. • Summary of qualifications, experience and availability – must be no more than eight pages in length. It should summarize qualifications, relevant experience, and availability to participate in the RFP process (including Interviews) and provide services to the City. It should also identify key staff members who will be participating. • Proposed approach to the process, including a proposed schedule and description of proposed public involvement methods – must be no more than five pages summarizing method and approach to providing consulting services to the City. Please review the City’s preliminary flow chart (attached to this RFP) and be sure to indicate major differences between it and the consultant’s proposed approach. • Proposed budget – must be no more than two pages and include detailed project costs, by task and estimated hours. Actual compensation is subject to contract negotiation. A third page may be added, if additional tasks (and associated costs) that could be performed by the consultant team, in the event that the project budget was to be increased, are proposed and described. • List of professional references – must be no more than one page listing most recent professional references and their contact information. • A minimum of three examples of relevant written work related to Visioning and Strategic Planning: at least one of which will represent a strategic plan prepared on behalf of a City or comparable entity. Packet Page 285 of 313 7 • Ability to meet the City’s insurance requirement for minimum amounts of insurance: commercial general liability insurance and professional (errors and omissions) insurance in amounts not less than $2 million for the duration of the project. EVALUATION CRITERIA The following will be considered in evaluating each proposal: • Completeness of response to the RFP requirements • Experience with similar projects • Creativity of approach • Experience in effective public involvement and incorporating citizen input • Demonstrated facilitation skills in successfully working with city councils/staff, boards and commissions, community organizations, businesses and citizens • Demonstrated knowledge/experience with actual development of strategic plans and implementation of possible strategies • Demonstrated experience in municipal finance • References • Cost GENERAL INFORMATION A. The City of Edmonds, as an Equal Opportunity Employer, requires all consultants to affirm that they do not discriminate against individuals or firms because of their race, color, marital status, age, sex, national origin, handicap, creed or sexual orientation. B. All proposals submitted become public information and may be reviewed by anyone requesting to do so at the conclusion of the evaluation process. C. All proposals received by the City of Edmonds in response to this RFP shall remain valid for ninety (90) days from the date of submittal. D. The City reserves the right to cancel or reissue the RFP or to revise the timeline at any time. The City reserves the right to reject any and all proposals and to waive minor irregularities in the proposal process. The City may accept any proposal if such action is believed to be in the best interest of the City. E. The City is not liable for any cost incurred by the proposer prior to execution of a contract. F. This is a City project and holds liability for work with its consultants. The contract between the successful proposer and Edmonds shall include all documents mutually entered into specifically, including the contract instrument, the RFP, and the response to the RFP. The contract must include, and be consistent with, the provisions stated in the RFP. G. The prime consultant will be required to assume the responsibility for all services offered in the proposal whether or not directly performed by the prime consultant. Further, the prime consultant will be the sole point of contact for the City of Edmonds with regard to contractual matters. H. The project team shall be approved by the City of Edmonds. The City must approve any changes in the project team. Packet Page 286 of 313 8 ATTACHMENT A SCOPE OF SERVICES The proposed scope of services must include at a minimum, the following items. The successful candidate will be able to: Phase 1 - Visioning • Facilitate a community visioning process. One component of the strategic planning process includes a community visioning process consisting of public meetings, focus-group sessions, open houses, and other outreach forums. These gatherings would result in the submission of a multitude of suggestions from members of the Edmonds community. The desired outcome is a community vision entailing guiding goals, each with specific visioning targets that could serve as a framework for the strategic planning process. Phase 2 - • Gather and analyze information to become familiar with the City of Edmonds. This includes conducting an internal and external scan, i.e., looking at or reviewing, a community’s resources, strengths and assets in light of trends and influences affecting the community. • Internal scan would include an inventory of community resources, e.g., city resources and finances, people, health, education, business and job opportunities, housing, art and culture, leisure, recreation and entertainment, and geography. • External scan would look at what is happening outside of the community on a local, regional and national level that may affect a community, e.g., demographics, economy and lifestyle trends. • Describe the overall strategy and identify key challenges and opportunities. • Develop an Action Plan and establish implementation steps and schedule. • Establish benchmarks or milestones that measure the City’s progress throughout the Strategic Planning process. • Develop and initiate a public involvement program that engages the community in the Strategic Planning process. Electronic surveys, community open houses, and other forms of community outreach could be used to achieve this objective. In addition, a statistically valid telephone survey must be used to solicit feedback from the community. Provide summaries and analyses of all public input. • Coordinate the process with City staff and Strategic Planning advisory/oversight committee. • Participate in Economic Development Commission, Planning Board and City Council briefings and presentations. • Facilitate Council discussion and decision-making at regular or special City Council meetings. • At a minimum, provide the following deliverables: • A recommended brochure detailing the Strategic Planning process for distribution to the public, • A recommended final Strategic Plan document that includes an implementation plan with benchmarks or milestones that measure the City’s progress, and • A recommended Strategic Plan Executive Summary. Packet Page 287 of 313 9 STRATEGIC PLAN PLANNING PROCESS City Council Support Budget Authorization Solicitation of RFP, Review of Proposals and Interviews City Council Selection of Consultant The City is looking for consultants/contractors to provide recommended changes to the following outline or changes/ideas which would enhance or improve the overall strategic planning and visioning process: Collect & Review (Conduct Internal and External Scans) • Existing Info Conduct Initial Set of Interviews / Visioning Process • Council, City Staff, Other Stakeholders (e.g., Economic Development Commission, Planning Board, Port of Edmonds, Key Community Groups, County and possibly representatives from neighboring communities) • Identify Key Issues and Questions Council Regular or Special Meeting • Intro to process and desired outcome • Where are we now? • What direction do we want to be headed? (general) • Confirm key issues and questions to be answered • SWOT Exercise or similar process (Strengths, Weaknesses, Opportunities, Threats) Community Input on Issues, Core Values and Future Direction • Telephone Survey • Survey Monkey • Community Forums (inside & outside) • Info Booths at Local Events • Neighborhood Events • Other ID of Common Themes and Draft Goals (Focused Efforts) • Second Council Regular or Special Meeting • Council Decision Points Packet Page 288 of 313 10 Create Draft Strategic Plan • Goals and Action Plan Community Input on Draft Plan • Workshop(s) • Open House(s) • Open House(s)/Workshop(s) Hybrid • Statistically valid survey? Revise Draft Plan • If Necessary Public Hearing(s) City Council Adoption of Strategic Plan Execution Implementation (Citywide and Department Plans – how will these relate to existing plans and organizations?) Reporting and Follow-up (recommendations on how this can/will be accomplished?) Packet Page 289 of 313 1 Economic Development Commission Strategic Planning Subgroup Draft Strategic Planning Process Initiative Report Introduction The structure of the City’s economy influences the City’s physical development and determines the City’s capacity to fund essential services. Economic prosperity and development increase wealth and the standard of living for many who live and work within the City of Edmonds and are a key component of quality of life. Aside from a national or global economic recession, the Citizens of Edmonds deserve predictability and reliability regarding the government services they fund. A strong economy requires a strong, healthy and balanced community as a foundation. Thus, it is imperative that the City of Edmonds is positioned to create and maintain economic sustainability. Strategic planning, helping to prioritize and balance community interests, is a valuable guide towards achieving economic sustainability. A well-conceived strategic plan, tied closely to measurable outcomes and a realistic implementation process, provides a city’s leadership with the direction and authority to act decisively and seize opportunities as they arrive, and overcome obstacles. A strategic plan allows city leadership to make decisions with the confidence that they are responding to the citizens’ needs and desires. The Edmonds City Council approved Resolution 1224 which included a commitment to develop a strategic plan; this includes setting goals and continually assessing progress metrics. The Edmonds Economic Development Commission submits this report to the City Council for consideration and requests funding and authorization to undertake a strategic planning process consistent with Resolution 1224. Packet Page 290 of 313 2 What is a Strategic Plan? A strategic plan serves as a community’s roadmap that will take us from where we are today to where we want to go in the coming years. The foundations of strategic planning are the statements we make that describe WHO we are, WHERE we want to go, and HOW we will strive for our goals and MEASURE success over time. That is, the strategic plan establishes a framework for carrying out strategic thinking, direction, and action. It also ensures the most effective use of limited resources by focusing those resources on key priorities. Establishing a process that ensures broad community input is essential to the credibility of a strategic plan and its success. Developed in concert with its stakeholders, a strategic plan helps city leaders allocate limited resources to the programs that matter most to a community. A strategic plan differs from other plans typically adopted by local governments in Washington – such as comprehensive plans or functional plans related to the Growth Management Act – in that it serves as a way to organize and prioritize initiatives and resources to achieve specific goals within a relatively short (3 - 5 year) time period. In this way, a strategic plan focuses on establishing near/mid-term goals, tactical approaches, and performance measures supporting a city’s overall vision. Currently, Edmonds prepares, reviews, and adopts many plans. Although the plans are consistent with one another, as required under the Growth Management Act, not all of the programs within each plan are prioritized against those in other plans. As such, the City has been following somewhat independent long term planning and goal setting processes by Council and staff. The Edmonds City Council represents seven individual views regarding priorities and vision, while a strategic plan helps decision makers establish a general consensus (representing all stakeholders) that city leaders can use to balance and direct limited resources, as well as rely on in their decision- making process. Packet Page 291 of 313 3 Strategic planning offers: • A data- and analytically-based process • Utilization of several input tools - citizen’s local organizations - business owners – city employees, including managers, supervisors and senior staff - City Council, commissions and committees • Comprehensive direction setting process with City Council, administration, and staff together utilizing input from the above sources • Financial analysis of optimal strategies and direction setting • An implementation process with specific departmental action plans • Design of integration tools and monitoring processes Strategic planning allows: • A general alignment and focus of City Council, administration, and staff in addition to citizens, business interests, community groups, etc. • Identification of how resources should be allocated • A road map for achieving that direction – the plan • Engagement - energizing and empowering the community and city leadership • Thought provoking discussion and solicitation of new ideas • Linkage to existing systems and processes within the city Packet Page 292 of 313 4 A key element of the strategic planning process is that it is established proactively and transparently with community acceptance from the outset. The process should allow for both active and passive involvement ensuring diverse and extensive community participation. While the details of the strategic planning process are to be determined, a four step process may be considered: 1) Set Direction (Environmental Scan and Vision) 2) Focus Efforts (Goals and Priorities) 3) Implement (Department/Citywide Plans) 4) Reporting (Progress). Packet Page 293 of 313 5 1. Set Direction (Visioning Process & Consensus Building): An initial step is to facilitate community input and assess assets and liabilities (environmental scan) to provide a vision and overall direction for the city. a. Environmental Scan Conducting an internal and external environment scan means taking a look at, or reviewing, a community’s resources, strengths and assets in light of trends and influences affecting the community. From this snapshot, a city can later extract key strengths of the community and develop strategies that support its priorities. An internal environmental scan takes an inventory of your community resources. For example, these can include the people, health, education, businesses and job opportunities, housing, art and culture, leisure and entertainment, and geography. An external environmental scan looks at what is happening outside of a community on a local, regional, national and possibly global level that may affect a community. This would include demographics, economy and lifestyle trends. b. Input Community input is solicited in a variety of ways to ensure extensive breadth. By way of example, this could include (but is not limited to): i. Surveys via telephone, mail (i.e. via utility bills), on-line or in person (local festivals/events) ii. Diverse community outreach (i.e. stakeholder groups, neighborhood meetings) iii. Surveys and outreach that includes City Council, local organizations, commissions, committees, City employees, etc. c. Visioning One component of the strategic planning process includes a community visioning process consisting of public meetings, focus-group sessions, open houses, and other outreach forums. These gatherings would result in the submission of a multitude of Packet Page 294 of 313 6 suggestions from members of the Edmonds community. The hopeful outcome is a community vision entailing guiding goals, each with specific visioning targets that could serve as a framework for the following phases of a strategic planning process. 2. Focus Efforts (Goals and Priorities): The environmental scan, community-wide survey and public visioning exercises will help provide information that can be used to focus the city’s actions towards achieving the vision. Specifically, the City Council would for example, identify long term (5 and 10-years) strategic goals that will direct long-term decision making for the city. Short term (3-year) priority goals will also be established that direct actions over a Council member’s term. 3. Implement (Department/Citywide Plans): The initiatives necessary to implement the strategic plan will be summarized in department business plans (and incorporated into citywide plans). Departments will outline the actions they will undertake to achieve the short term priority goals and specify operating budgets necessary to support these activities. 4. Reporting (Progress): The strategic plan includes performance measures for the long term strategic goals. These measures will form the basis for an annual reporting of progress towards the long term goals and in realizing the vision. Measurements of strategy success will undergo a regular review by City Council. a. As short term goals will guide the decision-making at the department level, the progress of the city in support of these priority goals will be reflected in department operational and capital plans.  Periodic Review: A strategic plan is a “living document”; it undergoes periodic review and adjustment to reflect progress towards achievement of goals and/or changes in the “environmental scan” and resulting modifications of the goals. Packet Page 295 of 313 7 Why Should Edmonds Develop a Strategic Plan? Having an adopted strategic plan is as important to a community’s future as architectural plans are to building a home. The development of a strategic plan allows city leadership to make decisions with the confidence that they are responding to the citizens’ stated desires. Local economies are always changing and the greater Edmonds area is no exception. Specifically related to the City of Edmonds, its financial stability has been slowly deteriorating for the past several years and current projections show that annual revenues generated within, and collected by, the City will fall below expenses within the next couple of years. Without change and adaptability, a community can become stagnant or decline which has a direct effect on a city’s ability to fund operations, services and capital projects. This includes the kinds of investments that augment our quality of living. There have been lost opportunities in Edmonds’ past such as decisions to not annex Aurora and James Villages, no action taken in 2006 to undertake a recommended Waterfront Redevelopment Planning Process, decision to not approve The Hotel Group Development Project on Sunset Avenue, etc., and it is important not to miss future opportunities. Successful communities today acknowledge their past and allow a vision for the future to guide them through the changes needed to prosper; Edmonds is no different and needs a roadmap for addressing future directions using a proactive approach (based on established consensus) that enables us to seize opportunities. A strategic plan is a crucial tool for city decision makers. It can inform decisions by establishing a framework for setting priorities and educating leadership about the citizens’ priorities for public and private funding. A strategic plan helps inform a Mayor and City Council about city services, programs, and infrastructure that matter most to the citizens and which should receive paramount attention in budgets. While the City of Edmonds plans on many levels, primarily for elements tied to the City Comprehensive Plan, and while these elements involve strategic planning for particular areas, an overall city strategic plan is different: it is used to prioritize initiatives, resources, goals, and department operations and projects, in addition to making that information readily accessible to the public. In this way, it helps prioritize and organize efforts within an observable and understandable timeline, and ensures that all stakeholders are working together toward the same goals and priorities. These aspects of a strategic plan are especially important in an era when government is faced with the challenge of doing more with less and allocating tax dollars where they Packet Page 296 of 313 8 are most needed. It ensures the most effective use of a city’s limited resources by focusing the resources on key priorities. A strategic plan provides a framework for city leaders. Many cities have found that the development of a strategic plan has succeeded in bringing various stakeholders together thereby facilitating a greater sense of community, reducing tensions amongst those representing competing interests with the recognition that everyone is working towards a common goal of creating the best city possible. A strategic plan helps to align and focus City Council and staff. In effect, decision-making becomes easier when priorities have already been agreed upon. A strategic plan engages and energizes both citizens and the city leadership. The Edmonds Economic Development Commission communicated with several cities that have developed strategic plans to learn about their experiences with their plans – are the plans used, and have they been valuable? We learned that as the economy has become increasingly challenging, cities have used their plans more and more. Strategic plans have proved their value. A strategic plan is a contract between citizens and their local government that establishes where a city is going and how it will get there……and includes transparent methods of measuring the progress of implementing the plan. Creating a strategic plan for the City of Edmonds would help direct the City toward positive change(s) and would serve as the City’s roadmap for policy direction. As such, a strategic direction for the City will help establish priorities for Edmonds’ government to focus its staff time, energy, and money. An adopted Strategic Plan is an investment in our community. An inclusive, well designed process may be the best investment the City can make in its future and the potential return on this investment is substantial. Strategic Planning Process The development process is key to assuring that the resulting strategic plan is both useful to its implementers and supported by its stakeholders. While funding often determines how many of the tools available to the planner are used to solicit community opinions, there are many approaches to gathering opinions that assure the process is inclusive even at moderate levels of funding. The process outlined below provides an idea of the steps taken in the process of developing a strategic plan and the many tools available. Packet Page 297 of 313 9 Staff develops RFQ (consult with Commission) including steps outlined below. Consultant team selected through competitive process. Selected team works with City staff: 1. Visioning process – consultant facilitates a. Establish steering committee (staff, public officials, stakeholders) b. Stakeholder/focus group meetings c. Public meetings d. Surveys e. Open house/community feedback f. Develop guiding principles g. Reach consensus on 4 to 7 goals h. Analyze key issues related to the 4 to 7 goals i. Define and prioritize goals 2. Environmental Scan (simultaneous with visioning) a. Internal – include City plans, what goes on in the community b. External- bigger picture of regional/national politics, economic trends and developments that may impact what goes on in Edmonds (e.g. current emphasis on transit oriented development, sustainability etc.) 3. Develop and refine 4 to 7 Strategic Goals from visioning process, stating them in the context of previous / current planning. 4. Develop implementation and funding strategies for each goal – how can these priorities be implemented. 5. Create an inclusive document to describe strategic steps to achieve each Strategic Goal – this can be more of a work plan, but also needs to include process for evaluation of progress and updates. Present prioritized recommendations to public and City Council – what do we need to do first, what follows, and longer term. City Council and Staff, strategic planning steering committee, citizen and business focus groups, public meetings, workshop open houses, surveys, review of existing plans – all contribute to developing implementation strategies. The strategic planning process involves the ENTIRE Edmonds Community! Only in this way can it provide the necessary consensus for success. Empowering the Community – Energizes the Community! Packet Page 298 of 313 10 Costs Based on communications with four firms with expertise in conducting this type of study/process, the estimated cost of undertaking a strategic planning process and creation of a strategic plan ranges from $60,000 to $200,000. Typically, the more complex the study, the higher the price. A higher cost study usually allows consultants to conduct a more thorough analysis and further refine assumptions, thus improving the degree of confidence in the information gathered. Based on the general expectations and scope of work discussed by the Edmonds Economic Development Commission, the Commission recommends that the City Council allocate a budget range of between $85,000 and not to exceed amount of $175,000 for this effort, which represents +/- 35% of the midpoint of $130,000. This figure is subject to revision following the review of qualified submittals in response to a Request for Proposals, and a refined scope of work once a consultant is hired. Packet Page 299 of 313 AM-3840   Item #: 8. City Council Meeting Date: 04/05/2011 Time:15 Minutes   Submitted For:Stephen Clifton Submitted By:Rob Chave Department:Planning Review Committee: Committee Action: Type:Action  Information Subject Title Proposed Interim Zoning Ordinance related to the BN Zone. Recommendation from Mayor and Staff Approve the interim zoning ordinance (Exhibit 1). Previous Council Action None. Narrative The City has been making progress with the University of Washington and the Cascade Agenda on area planning for the Five Corners and Westgate commercial centers. However, we have learned of a potential redevelopment project being developed for a key location at the central Westgate intersection (SR-104 and 100th Ave W). Under the existing zoning (BN), a new building located at Westgate is required to set back at least 20 feet from any street. This is counter to the direction the UW study has indicated people want their neighborhood commercial centers to go, and is clearly inconsistent with existing city design objectives enumerated in the comprehensive plan, notably: C.2. Design Objectives for Location And Layout of Parking C.2.a. Create adequate parking for each development, but keep the cars from dominating the streetscape. C.2.b. Improve pedestrian access from the street by locating buildings closer to the street and defining the street edge. C.2.c. Improve the project’s visibility from the street by placing parking to side and rear. C.2.d. Provide direct pedestrian access from street, sidewalk, and parking. C.5. Design Objectives for Building Entry Location. C.5.a. Create an active, safe and lively street-edge. C.5.b. Create a pedestrian friendly environment. C.5.c. Provide outdoor active spaces at entry to retail/commercial uses. C.5.d. Provide semi-public/private seating area at multi-family and commercial entries to increase activity along the street. Although the work with the University of Washington is not nearly complete, preliminary polling done during initial public work sessions indicated a strong interest in moving neighborhood commercial buildings toward the street. Forty-five of 49 respondents for Five Corners and 19 of 21 respondents for Westgate indicated support for having businesses located at the street front as opposed to having them separated by asphalt parking areas. Packet Page 300 of 313 The prospective development at Westgate has indicated the existing code requires them to locate their building at least 20 feet from the street front, which in turn requires them to place a drive aisle and parking between the street and their building. This also affects building entry, forcing it to be oriented away from the street. If a code change reducing the required setback were in place, the site designers have indicated that (1) they would be willing to move their building near the street, and (2) this would in turn improve their ability to fit parking and drive aisles on their site and otherwise meet other city code requirements. Given this background, staff is recommending adoption of the proposed interim zoning ordinance (see Exhibit 1). Note that we are suggesting reducing the minimum 20-foot street setback to 5 feet to enable expansion of walkways and/or addition of landscaping or pedestrian activity areas, not just having buildings right up against property lines. Attachments Proposed Interim Zoning Ordinance Form Review Inbox Reviewed By Date Community Services/Economic Dev.Sandy Chase 03/31/2011 01:43 PM Planning Department Rob Chave 03/31/2011 01:52 PM Community Services/Economic Dev.Sandy Chase 03/31/2011 02:57 PM City Clerk Sandy Chase 03/31/2011 02:57 PM Mayor Mike Cooper 03/31/2011 03:09 PM Final Approval Sandy Chase 03/31/2011 04:51 PM Form Started By: Rob Chave Started On: 03/31/2011 09:35 AM Final Approval Date: 03/31/2011  Packet Page 301 of 313 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO REDUCING SETBACK REQUIREMENTS IN THE BN ZONE, ADOPTING AN INTERIM ZONING ORDINANCE, TO BE EFFECTIVE IMMEDIATELY, WHICH WOULD ALLOW SETBACKS IN THE BN ZONE TO BE REDUCED FROM TWENTY FEET TO FIVE FEET AS LONG AS CERTAIN DESIGN STANDARDS ARE MET, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD OF THE ORDINANCE, AND DECLARING AN EMGERGENCY NECESSITATING IMMEDIATE ADOPTION OF AN INTERIM ZONING ORDINANCE; AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 16.45.020. WHEREAS, the City of Edmonds is in the midst of developing a special district plan for the Westgate neighborhood; and WHEREAS, the schedule for this planning effort calls for public hearings on the new special district plan and regulations to occur in June 2011; and WHEREAS, it is anticipated that part of that special district plan will be to encourage the development of pedestrian-friendly structures and storefronts in the Westgate neighborhood; and WHEREAS, the current development regulations in the BN zone would hinder the implementation of such a plan by requiring structures to be setback twenty feet from the property line; and WHEREAS, there is a potential to frustrate the long-term planning effort for Westgate by allowing an application for a building permit to be submitted, thereby vesting to the twenty-foot setback; and WHEREAS, the City Council of the City of Edmonds may adopt an interim zoning ordinance for a period of up to six months, as long as the City Council holds a public hearing on the proposed interim zoning ordinance within sixty days after adoption (RCW 35A.63.220, RCW 36.70A.390); and Packet Page 302 of 313 2 WHEREAS, the City desires to adopt an interim zoning ordinance to be effective immediately, which will allow reduced setbacks in the BN zone as long as certain design standards are met; and WHEREAS, the City’s interim zoning ordinance would amend Edmonds Community Development Code section 16.45.020; and WHEREAS, during the six month period that this interim zoning ordinance is in effect, the Planning Board shall hold a public hearing, consider whether this interim zoning ordinance should be adopted for a period longer than six months, and transmit its recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Interim Zoning Amendment. ECDC 16.45.020, entitled “Site development standards,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 16.45.020 Site development standards. A. Table. Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side Setback Minimum Rear Setback Maximum Height Maximum Floor Area BN None None 205′ None1 2 None1 25′ 3 sq. ft. per sq. ft. of lot area 1 Fifteen feet from lot lines adjacent to R zoned property. 2 Site layout and building design shall be consistent with the Design Objectives for Site Design and Building Form contained in the Urban Design Element of the Comprehensive Plan, paying special attention to locating buildings near the street front and locating at least one building entry facing the street. B. Signs, Parking and Design Review. See Chapters 17.50, 20.60 and 20.10 ECDC. Packet Page 303 of 313 3 C. Screening. The required setback from R zoned property shall be permanently land- scaped with trees and ground cover and permanently maintained by the owner of the BN lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback. D. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050, and reviewed by the architectural design board. Section 2. Purpose. The purpose of the adoption of this interim zoning ordinance is to establish the development regulations that will govern setbacks in the BN zone while the Planning Board holds a public hearing, gains public input on this issue, provides a recommendation to Council, and the Council considers the final version of the ordinance on this subject. This may occur in conjunction with consideration of the Westgate special district plan. Section 3. Emergency Declaration; Ordinance Effective Immediately. The City Council, in order to ensure that its long-term planning efforts are not frustrated by the vesting of a development application, declares an emergency and hereby adopts this Interim Zoning Ordinance effective immediately. Section 4. Duration of Interim Zoning Ordinance. The City Council shall hold a public hearing on the Interim Zoning Ordinance within 60 days of adoption and shall adopt findings of fact justifying this Interim Zoning Ordinance no later than immediately after that hearing. This Ordinance shall be effective until six (6) months after the date of adoption. Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. APPROVED: MAYOR MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE Packet Page 304 of 313 4 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 305 of 313 5 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2011, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO REDUCING SETBACK REQUIREMENTS IN THE BN ZONE, ADOPTING AN INTERIM ZONING ORDINANCE, TO BE EFFECTIVE IMMEDIATELY, WHICH WOULD ALLOW SETBACKS IN THE BN ZONE TO BE REDUCED FROM TWENTY FEET TO FIVE FEET AS LONG AS CERTAIN DESIGN STANDARDS ARE MET, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD OF THE ORDINANCE, AND DECLARING AN EMGERGENCY NECESSITATING IMMEDIATE ADOPTION OF AN INTERIM ZONING ORDINANCE; AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 16.45.020. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________,2011. CITY CLERK, SANDRA S. CHASE 4852-4054-9897, v. 1 Packet Page 306 of 313 AM-3828   Item #: 9. City Council Meeting Date: 04/05/2011 Time:45 Minutes   Submitted For:Council President Peterson Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type:Information  Information Subject Title Discussion of Levy Options. Recommendation from Mayor and Staff Place a levy on the August ballot. Previous Council Action Council created a Levy Review Committee in 2010 and has received periodic updates. Narrative This is the first of many levy discussions scheduled for City Council in the coming months. Attach 1 - Mayor's Final 2011 levy memo to council  Attach 2 - 2011 exibit a.pdf  Attach 3 - Mayor's Levy Calc 35 cents 03282011.pdf  Attach 4 - Election Deadlines  Attach 5 - Election Costs 2011 Election Guide  Attachments Attach 1 - Mayor's Final 2011 levy memo to council Attach 2 - 2011 exibit a Attach 3 -Mayor's Levy Calc 35 cents  Attach 4 - Election Deadlines Attach 5 - Election Costs 2011 Election Guide Form Review Inbox Reviewed By Date City Clerk Sandy Chase 03/31/2011 09:18 AM Mayor Mike Cooper 03/31/2011 03:08 PM Final Approval Sandy Chase 03/31/2011 04:51 PM Form Started By: Jana Spellman Started On: 03/30/2011 09:18 AM Final Approval Date: 03/31/2011  Packet Page 307 of 313 Date: March 30, 2011 To: Council President Peterson From: Mike Cooper, Mayor Subject: Levy Proposal Over the past two years our city council has discussed the idea of placing a levy on the ballot so the voters could be given the opportunity to decide if they want Edmonds to restore services with citizen groups formed to advise council and on three separate occasions I have recommended council move forward to the ballot. The most recent committee has put many long hours into this effort, but no consensus before council. Today I am bringing you a recommendation and asking that you place it before the voters on the August 16 I am recommending a four year levy focused on “ Streets, and Parks For Everyone at $.35/$1000 of accessed evaluation and indexed with a 2.5% increase on an annual basis. This will increase our revenue $2.26 million in 2012. “Safe Neighborhoods, Safe Streets, and • Safe Neighborhoods Police Department and fund the vacant unfunded police officer position at a cost of $210,000/year. • Safe Streets - Dedicate $704,000/year is important to note that this is less than half the annual need of $1.5 million/year. • Parks for Everyone This money would insure that our stream and that we c short fall at Yost Pool. While this covers important essentials it does not fund the roughly $285,000 in deferred maintenance to park facilities. In addition to these dedicated action items, we will have en comply with the council mandated one month ending cash This is sustained for the duration of the four year levy. CITY OF EDMONDS CITY HALL • THIRD FLOOR EDMONDS, WA 98020 • (425)771 OFFICE OF THE MAYOR Incorporated August 11, 1890 Sister City / Hekinan, Japan Peterson, City Council members Over the past two years our city council has discussed the idea of placing a levy on the ballot so the voters could be given the opportunity to decide if they want Edmonds to restore services with more revenue. There have been two separate citizen groups formed to advise council and on three separate occasions I have recommended council move forward to the ballot. The most recent committee has put many long hours into this effort, but no consensus recommendation has come before council. Today I am bringing you a recommendation and asking that you place it before the voters on the August 16th ballot. a four year levy focused on “Safe Neighborhoods, Safe For Everyone”. If approved by the voters the levy would start at $.35/$1000 of accessed evaluation and indexed with a 2.5% increase on an annual basis. This will increase our revenue $2.26 million in 2012. borhoods, Safe Streets, and Parks For Everyone” Action Plan Safe Neighborhoods – Restore our Crime Prevention Program in the Police Department and fund the vacant unfunded police officer position at a cost of $210,000/year. edicate $704,000/year or $.11/$1000 to street is important to note that this is less than half the annual need of $1.5 for Everyone – Dedicate $102,000/year or $.016/$1000 to parks. This money would insure that our flower program has a dedicated funding stream and that we can cover the approximately $50,000/year revenue short fall at Yost Pool. While this covers important essentials it does not fund the roughly $285,000 in deferred maintenance to park facilities. In addition to these dedicated action items, we will have enough in reserve the council mandated one month ending cash balance requirement. This is sustained for the duration of the four year levy. CITY OF EDMONDS THIRD FLOOR (425)771-0246 • FAX (425)771-0252 OFFICE OF THE MAYOR Over the past two years our city council has discussed the idea of placing a levy on the ballot so the voters could be given the opportunity to decide if they want more revenue. There have been two separate citizen groups formed to advise council and on three separate occasions I have recommended council move forward to the ballot. The most recent committee has recommendation has come before council. Today I am bringing you a recommendation and asking that you orhoods, Safe . If approved by the voters the levy would start at $.35/$1000 of accessed evaluation and indexed with a 2.5% increase on an Action Plan Restore our Crime Prevention Program in the Police Department and fund the vacant unfunded police officer position at a overlays. It is important to note that this is less than half the annual need of $1.5 Dedicate $102,000/year or $.016/$1000 to parks. program has a dedicated funding approximately $50,000/year revenue short fall at Yost Pool. While this covers important essentials it does not fund the roughly $285,000 in deferred maintenance to park facilities. ough in reserves to balance requirement. Mike Cooper MAYOR Packet Page 308 of 313 Incorporated August 11, 1890 Sister City / Hekinan, Japan While this proposed action cannot rebuild of our workforce needs, do all major projects, or catch up all of the deferred maintenance needs for our city facilities, it does position us to be healthy over the next four years without further cutting needed service. During that four year period we must focus together on a plan to generate the needed long term revenue. I look forward to working with you in the coming months to put a package before the voters that has unanimous approval from the council. Packet Page 309 of 313 Packet Page 310 of 313 30 - M a r - 1 1 Ci t y o f E d m o n d s : S t r a t e g i c O u t l o o k 20 0 9 20 1 0 20 1 0 20 1 0 20 1 1 20 1 2 20 1 3 20 1 4 2015 2016 RE V E N U E Ac t u a l s Bu d g e t Ac t u a l s a s o f 07 / 3 1 / 2 0 1 0 YE E s t . B u d g e t O u t l o o k O u t l o o k O u t l o o k O u t l o o k O u t l o o k Be g i n n i n g C a s h ( W o r k i n g C a p i t a l ) B a l a n c e 1, 4 9 7 , 8 6 0 1 , 2 7 3 , 2 6 5 2 , 1 6 7 , 1 5 6 2 , 1 6 7 , 1 5 6 2 , 8 1 5 , 3 1 3 2 , 9 9 9 , 0 3 6 3 , 9 6 7 , 3 6 3 4 , 3 4 4 , 4 3 0 4 , 1 0 8 , 7 8 2 3,411,342 Pr o p e r t y T a x 13 , 8 2 8 , 9 0 1 14 , 1 4 7 , 0 8 4 7, 1 3 0 , 5 6 8 13 , 6 8 8 , 9 7 0 13 , 6 0 9 , 4 8 2 15 , 8 6 3 , 9 4 3 15 , 9 9 2 , 3 0 4 16 , 1 9 6 , 9 3 0 16,442,802 14,200,858 Re t a i l S a l e s T a x 4, 4 1 4 , 8 7 4 5, 5 1 9 , 9 4 9 2, 4 9 9 , 2 0 4 4, 3 7 1 , 2 0 3 4, 5 2 4 , 1 9 5 4, 6 1 4 , 6 7 9 4, 7 0 6 , 9 7 2 4, 8 0 1 , 1 1 2 4,897,134 4,995,077 Ot h e r S a l e s & U s e T a x 54 3 , 7 3 1 66 5 , 9 0 1 30 8 , 7 1 2 54 3 , 7 3 1 54 6 , 7 9 7 55 2 , 4 3 1 55 8 , 1 2 6 56 3 , 8 8 0 569,696 575,573 Ut i l i t y T a x 5, 9 5 3 , 0 2 8 5, 2 2 5 , 3 1 1 3, 5 7 5 , 5 0 2 6, 2 3 9 , 5 0 0 6, 4 4 1 , 9 6 2 6, 5 0 6 , 3 8 2 6, 5 7 1 , 4 4 5 6, 6 3 7 , 1 6 0 6,703,531 6,770,567 Ot h e r T a x e s 30 1 , 6 3 3 29 7 , 5 0 0 15 8 , 3 4 3 30 6 , 4 5 7 31 1 , 9 8 2 31 7 , 6 1 1 32 3 , 3 4 7 32 9 , 1 9 1 335,146 341,213 Li c e n s e s / P e r m i t s / F r a n c h i s e 1, 0 2 3 , 0 1 7 1, 4 1 8 , 2 1 3 96 6 , 9 4 8 1, 0 2 6 , 2 2 3 1, 0 3 7 , 8 1 3 1, 0 4 8 , 1 2 5 1, 0 5 8 , 5 3 9 1, 0 6 9 , 0 5 7 1,079,681 1,090,411 Co n s t r u c t i o n P e r m i t s 44 8 , 6 1 2 68 8 , 9 9 1 25 9 , 5 6 6 44 3 , 1 2 5 44 7 , 0 1 6 45 0 , 9 4 6 45 4 , 9 1 6 45 8 , 9 2 5 462,974 467,064 Gr a n t s 13 3 , 4 2 5 4, 6 4 4 19 1 , 1 7 8 21 0 , 4 7 6 4, 4 1 0 - - - - - St a t e R e v e n u e s 72 5 , 8 8 8 75 2 , 4 2 6 36 9 , 4 3 5 74 4 , 0 7 9 74 6 , 8 0 3 74 3 , 6 7 8 74 8 , 3 1 0 75 2 , 9 7 4 757,670 762,399 In t e r g o v ' t S e r v i c e C h a r g e s 1, 3 4 8 , 7 4 3 37 8 , 1 8 4 86 , 8 7 1 10 6 , 5 7 8 86 , 0 4 3 88 , 1 9 4 90 , 3 9 9 92 , 6 5 9 94,975 97,349 In t e r f u n d S e r v i c e C h a r g e s 1, 3 1 8 , 7 7 3 98 0 , 4 6 9 28 8 , 5 3 6 1, 3 5 5 , 0 5 9 1, 3 8 8 , 9 3 5 1, 3 9 5 , 8 8 0 1, 4 0 2 , 8 6 0 1, 4 0 9 , 8 7 4 1,416,923 1,424,008 Ch g s . f o r G o o d s & S e r v i c e s 2, 3 0 7 , 3 9 0 3, 5 7 4 , 7 8 4 2, 0 6 7 , 7 1 1 2, 7 9 6 , 9 8 1 2, 2 4 8 , 5 4 5 2, 2 9 0 , 0 9 6 2, 3 3 3 , 0 2 6 2, 3 7 7 , 3 5 1 2,423,091 2,470,264 Fi n e s & F o r f e i t s 67 4 , 6 3 3 64 0 , 3 0 0 32 2 , 0 8 7 61 6 , 5 0 0 66 7 , 1 0 0 68 1 , 9 2 4 69 7 , 0 8 2 71 2 , 5 8 0 728,428 744,632 Mi s c R e v e n u e s 53 1 , 8 9 0 2, 2 8 9 , 1 3 3 2, 4 6 1 , 8 9 6 2, 0 7 4 , 5 7 1 44 3 , 5 3 7 42 8 , 1 1 0 43 7 , 9 1 4 44 7 , 9 5 4 458,238 468,770 An n u a l R e v e n u e 33 , 5 5 4 , 5 3 8 36 , 5 8 2 , 8 8 9 20 , 6 8 6 , 5 5 7 34 , 5 2 3 , 4 5 3 32 , 5 0 4 , 6 2 0 34 , 9 8 1 , 9 9 9 35 , 3 7 5 , 2 3 8 35 , 8 4 9 , 6 4 7 36,370,290 34,408,187 Ex e c u t i v e S u m m a r y - C u r r e n t F o r e c a s t Ch a n g e s i n C a s h ( W o r k i n g C a p i t a l ) $ 0 . 3 5 L e v y - $ 2 . 3 M w / 2 . 5 % C P I / F Y 2 0 1 2 - 2 0 1 5 An n u a l R e v e n u e 33 , 5 5 4 , 5 3 8 36 , 5 8 2 , 8 8 9 20 , 6 8 6 , 5 5 7 34 , 5 2 3 , 4 5 3 32 , 5 0 4 , 6 2 0 34 , 9 8 1 , 9 9 9 35 , 3 7 5 , 2 3 8 35 , 8 4 9 , 6 4 7 36,370,290 34,408,187 An n u a l R e v e n u e G r o w t h 2. 9 % - 5 . 8 % 7 . 6 % 1 . 1 % 1 . 3 % 1.5%-5.4% To t a l R e v e n u e 35 , 0 5 2 , 3 9 9 37 , 8 5 6 , 1 5 4 22 , 8 5 3 , 7 1 3 36 , 6 9 0 , 6 0 9 35 , 3 1 9 , 9 3 2 37 , 9 8 1 , 0 3 5 39 , 3 4 2 , 6 0 1 40 , 1 9 4 , 0 7 8 40,479,071 37,819,529 20 0 9 20 1 0 20 1 0 20 1 0 20 1 1 20 1 2 20 1 3 20 1 4 2015 2016 Ex p e n s e s b y F u n c t i o n Ac t u a l s Bu d g e t Ac t u a l s a s o f 07 / 3 1 / 2 0 1 0 YE E s t . Bu d g e t Ou t l o o k O u t l o o k O u t l o o k O u t l o o k O u t l o o k Sa l a r i e s a n d W a g e s 17 , 7 5 1 , 6 2 6 13 , 3 9 4 , 2 0 2 7, 1 2 5 , 4 8 1 12 , 5 1 2 , 5 1 6 12 , 7 8 0 , 6 3 2 13 , 2 2 0 , 1 4 6 13 , 4 8 7 , 4 8 3 13 , 7 6 0 , 3 7 4 14,038,946 14,323,325 Be n e f i t s (1 ) 5, 4 6 4 , 5 3 6 5 , 0 0 7 , 7 9 6 3 , 0 5 3 , 5 6 7 3 , 8 2 0 , 9 1 2 4 , 2 7 8 , 9 2 4 4 , 3 0 8 , 7 1 8 4 , 5 9 3 , 6 1 4 4 , 9 0 2 , 0 8 1 5 , 2 3 6 , 3 6 4 5,598,935 Su p p l i e s 51 5 , 9 3 3 58 4 , 3 6 6 33 6 , 9 4 4 45 9 , 6 1 1 58 0 , 2 9 7 70 7 , 8 7 9 72 5 , 5 7 6 74 3 , 7 1 6 762,308 781,366 Se r v i c e s (1 ) 3, 4 5 7 , 8 2 1 3 , 6 2 7 , 5 6 6 2 , 2 1 2 , 8 9 6 4 , 4 2 8 , 6 7 5 3 , 6 9 8 , 2 8 4 3 , 2 8 9 , 3 4 2 3 , 4 0 8 , 4 1 7 3 , 5 3 3 , 8 3 2 3 , 6 6 6 , 0 6 3 3,684,080 In t e r g o v ' t 2, 0 1 9 , 3 1 0 8, 2 9 7 , 4 0 5 5, 9 5 6 , 7 0 1 8, 1 8 2 , 2 7 8 8, 3 3 2 , 9 1 6 8, 8 2 7 , 5 1 6 9, 0 7 2 , 2 4 2 9, 3 2 4 , 2 8 9 9,583,898 9,851,323 Ca p i t a l 41 , 6 4 3 30 , 0 0 0 - - - - - - - - De b t S e r v i c e 1, 6 7 2 , 8 0 4 1, 4 2 3 , 9 5 1 24 3 , 2 0 2 1, 4 2 3 , 7 4 9 1, 4 5 2 , 2 8 4 1, 4 4 5 , 9 1 7 1, 4 4 6 , 8 8 3 1, 4 7 5 , 9 3 5 1,382,617 1,404,463 Tr a n s f e r s 1, 2 3 9 , 3 2 0 1, 2 6 6 , 1 8 9 1, 1 5 7 , 5 7 2 2, 2 7 8 , 3 3 7 80 9 , 7 7 8 1, 8 1 6 , 6 7 6 1, 8 5 6 , 5 4 2 1, 9 2 7 , 4 7 1 1,969,494 1,239,970 In t e r f u n d 79 0 , 0 9 9 91 4 , 4 8 9 35 3 , 6 9 0 76 9 , 2 1 8 38 7 , 7 8 2 39 7 , 4 7 7 40 7 , 4 1 3 41 7 , 5 9 9 428,039 438,740 To t a l E x p e n s e s 32 , 9 5 3 , 0 9 1 34 , 5 4 5 , 9 6 4 20 , 4 4 0 , 0 5 3 33 , 8 7 5 , 2 9 6 32 , 3 2 0 , 8 9 7 34 , 0 1 3 , 6 7 2 34 , 9 9 8 , 1 7 0 36 , 0 8 5 , 2 9 6 37,067,729 37,322,203 Ex p e n s e G r o w t h 2. 8 % - 4 . 6 % 5 . 2 % 2 . 9 % 3 . 1 % 2.7%0.7% Cu r r e n t R e s o u r c e s 33 , 5 5 4 , 5 3 8 36 , 5 8 2 , 8 8 9 20 , 6 8 6 , 5 5 7 34 , 5 2 3 , 4 5 3 32 , 5 0 4 , 6 2 0 34 , 9 8 1 , 9 9 9 35 , 3 7 5 , 2 3 8 35 , 8 4 9 , 6 4 7 36,370,290 34,408,187 To t a l E x p e n s e s 32 , 9 5 3 , 0 9 1 34 , 5 4 5 , 9 6 4 20 , 4 4 0 , 0 5 3 33 , 8 7 5 , 2 9 6 32 , 3 2 0 , 8 9 7 34 , 0 1 3 , 6 7 2 34 , 9 9 8 , 1 7 0 36 , 0 8 5 , 2 9 6 37,067,729 37,322,203 An n u a l B a l a n c e 60 1 , 4 4 7 2, 0 3 6 , 9 2 5 24 6 , 5 0 4 64 8 , 1 5 7 18 3 , 7 2 3 96 8 , 3 2 7 37 7 , 0 6 7 (2 3 5 , 6 4 9 ) (697,439) (2,914,016) En d i n g C a s h ( W o r k i n g C a p i t a l ) B a l a n c e (2 ) 2, 1 6 7 , 1 5 6 3 , 3 1 0 , 1 9 0 2 , 4 1 3 , 6 6 0 2 , 8 1 5 , 3 1 3 2 , 9 9 9 , 0 3 6 3 , 9 6 7 , 3 6 3 4 , 3 4 4 , 4 3 0 4 , 1 0 8 , 7 8 2 3 , 4 1 1 , 3 4 2 4 9 7 , 3 2 6 Ta r g e t E n d i n g C a s h ( W o r k i n g C a p i t a l ) B a l a n c e (3 ) 2, 7 4 6 , 0 9 1 2 , 8 7 8 , 8 3 0 N A 2 , 8 2 2 , 9 4 1 2 , 6 9 3 , 4 0 8 2 , 8 3 4 , 4 7 3 2 , 9 1 6 , 5 1 4 3 , 0 0 7 , 1 0 8 3 , 0 8 8 , 9 7 7 3,110,184 (1 ) C o n t a i n s F D 1 c o n t r a c t p a y m e n t ( $ 4 . 6 M a s o f 7 / 3 1 / 1 0 ) a n d f i r e f i g h t e r p a y o u t ( $ 7 8 2 K , r e f l e c t e d i n t h e b e n e f i t s l i n e p e r G / L ) Le v y R e v 2 , 2 5 7 , 7 6 8 2 , 3 1 4 , 2 1 2 2 , 3 7 2 , 0 6 8 2 , 4 3 1 , 3 6 9 (2 ) C o n t a i n s a 2 0 0 9 a d j u s t m e n t o f $ 6 8 K t o a l l o w c a s h b a l a n c e t o t i e w i t h C A F R B a l a n c e S h e e t w o r k i n g c a p i t a l . (3 ) G F O A r e c o m m e n d s t a r g e t e n d i n g c a s h s h o u l d b e 1 t o 2 m o n t h o f e x p e n d i t u r e s . A o n e m o n t h t a r g e t i s d i s p l a y e d . Pa c k e t Pa g e 31 1 of 31 3 This guide is for informational purpose only and does not take the place of local, state or federal laws. RCW, WAC and county code notations are offered as a reference for additional research only. 23 Local Voters’ Pamphlet Snohomish County publishes a local voters’ pamphlet featuring candidates and issues for Primaries and General Elections. Each candidate is encouraged to submit a statement and photo to be included in the local voters’ pamphlet. All candidate statements and photos must be submitted electronically. is 200 words. Bold and/or italicized print is permissible. Errors in spelling or grammar will submitted statement is more than 200 words, the Auditor will attempt to notify the candidate and/or their representative in order to edit the emailed to the candidate prior to publication. Statements may be rejected if the submitted statement contains obscene, vulgar, profane, scandalous, libelous, or defamatory language. If the statement is rejected, an appeal process is outlined in the Snohomish County Local Voters’ Pamphlet Administrative Rules available in the Candidate photographs must have been taken within the last 2 years and may not include any uniform, judicial robes, hats or brand insignias. Any district with a resolution on the Primary or General Election ballot must participate in the local voters’ pamphlet unless a waiver is granted by the County Council. Districts must submit an deadline, that discusses what the resolution changes if it passes. The names of the pro and con committee members are also due at that time. For more information regarding local voters’ pamphlet due dates and procedures, please contact the Elections Division at (425) 388-3321. Primary Election Date August 16, 2011 Resolution due May 24, 2011 Pro/Con Appoints due May 24, 2011 Pro/Con Rebuttals due June 10, 2011 Candidate Statements June 15, 2011 General Election Date November 8, 2011 Resolution due August 16, 2011 Pro/Con Appoints due August 16, 2011 Pro/Con Statements due August 30, 2011 Pro/Con Rebuttals due September 2, 2011 Candidate Statements August 24, 2011 Local Voters’ Pamphlet Deadlines This guide is for informational purpose only and does not take the place of local, state or federal laws. RCW, WAC and county code notations are offered as a reference for additional research only. 9 Election Costs Jurisdictions are responsible for sharing in the cost of elections in which they have a race or issue on the ballot (RCW 29A.04.410). The cost sharing model includes a minimum $50 fee as well as a portion of all costs associated with the election. If there is only one jurisdiction on the ballot, they will be responsible for the entire cost of the election. The cost of an election is calculated by the been invoiced, received and paid. Election and mailing costs (i.e. envelopes, postage, and ballots); legal advertising costs; other consumable supply costs; and elections overhead. The individual jurisdiction’s cost of an election is based on the total number of jurisdictions with a race or issue on the ballot and the number of registered voters in each of those jurisdictions. In most cases one can assume that the more jurisdictions that appear in an election the more cost to a jurisdiction will be. Jurisdictions that have an account with the Snohomish County Treasurer will have their portion of election costs drawn automatically election. A statement with the amount taken will be sent to each jurisdiction. Jurisdictions that do not have accounts with the Snohomish County Treasurer will be sent an invoice with a request for prompt payment. Questions regarding election costs or the process for calculating individual jurisdictions portions should be directed to the Snohomish County Elections Manager, Garth Fell at 425-388-3625. jurisdictions placing issues before voters in a Special Election that costs $200,000 to administer: Jurisdictions Registered Voters Portion Jurisdiction’s Portion of Costs A 1,000 .01 $2,000 B 24,000 .024 $48,000 Totals 100,000 1.00 $200,000