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2011.11.07 CC Committee Meetings Agenda Packet                 AGENDA EDMONDS CITY COUNCIL Council Chambers, Pubilc Safety Complex 250 5th Avenue North, Edmonds ____________________________________________ Special Monday Meeting NOVEMBER 7, 2011 5:15 P.M. - CALL TO ORDER (Flag Salute) 1. (15 Minutes)  Convene in executive session regarding potential litigation per RCW 42.30.110(1)(i). 2. (5 Minutes)    Reconvene in open session.  Potential action as aresult of executive session discussion. ADJOURN 5:45 P.M. - RECEPTION (Financial Consultant Jim Tarte) The reception is scheduled to last 15 minutes and will be held in the Council Chambers. 6:00 P.M. - CITY COUNCIL COMMITTEE MEETINGS The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below.                 1.Community Services/Development Services Committee Meeting Room:  Council Chambers   A. (30 Minutes)Discussion on a potential amendment to the Comprehensive Plan map that would adjust the boundaries of the Medical/Highway 99 Activity Center to remove existing single family-designated area from the Activity Center.   B. (5 Minutes)Marina Beach BNSF Land Lease   C. (5 Minutes)Authorization for the Mayor to sign the Emergency Intertie Agreement between Seattle Public Utilities and the City of Edmonds.   D. (5 Minutes)Authorization for Mayor to sign Addendum No. 1 to the Professional Services Agreement with CHS Engineers, LLC.   E. (5 Minutes)Authorization to approve a sewer and storm easement for installation of a sewer main for the 2012 Sewerline Replacement Project.   F. (5 Minutes)Authorization to approve an easement for installation of watermain for the 2012 Waterline Replacement Project.   Packet Page 1 of 352 G. (5 Minutes)Authorization for Mayor to sign a Professional Services Agreement with Parametrix for design services with respect to the Main Street Decorative Lighting and Sidewalk Enhancements Project.   H. (15 Minutes)Discussion regarding City polystyrene ban.   I. (10 Minutes)Public comments (3-minute limit per person)   2.Finance Committee Meeting Room:  Jury Meeting Room   A. (5 Minutes)Authorization for the Mayor to sign Amendment No. 1 to the Facilities Lease between the City of Edmonds and Clearwire LLC.   B. (5 Minutes)Presentation of study to update the City's General Facilities Charges for utilities by City staff and the FCS Group.   C. (10 Minutes)General Fund Update - September 2011   D. (30 Minutes)3rd Quarter Budget Report 2011   E. (10 Minutes)Public Facilities District bond payment.   F. (15 Minutes)Reserve Policy.   G. (15 Minutes)Investment Policy.   H. (10 Minutes)Change Animal Benefit Fund to an Annual Appropriation.   I. (10 Minutes)Eliminate Council Contingency Amount in the General Fund.   J. (30 Minutes)2011 November Budget Amendment   K. (10 Minutes)Update on financial policies and reporting.   L. (5 Minutes)2012 Contract for Edmonds City Council Sr. Executive Assistant.   M. (5 Minutes)Authorization to contract with James G. Murphy to sell surplus city vehicles.   N. (10 Minutes)Public comments (3-minute limit per person)   3.Public Safety and Human Resources Committee Meeting Room:  Police Training Room   A. (10 Minutes)Interlocal Agreement for Special Weapons and Tactics Team (SWAT)   B. (10 Minutes)Renew Towing Contracts   C. (15 Minutes)2012 Hourly Positions by Pay Grade/Title and 2012 Hourly Employee Wage Schedule.   D. (15 Minutes)Non-Represented Employee compensation ordinance.   Packet Page 2 of 352 AM-4339   Item #: 1. A. City Council Committee Meetings Date: 11/07/2011 Time:30 Minutes   Submitted By:Rob Chave Department:Planning Review Committee: Community/Development Services Committee Action: Type:Action  Information Subject Title Discussion on a potential amendment to the Comprehensive Plan map that would adjust the boundaries of the Medical/Highway 99 Activity Center to remove existing single family-designated area from the Activity Center. Recommendation from Mayor and Staff (The following was the staff recommendation included in the Council's hearing agenda memo) Approve the recommendation of the Planning Board and direct the City Attorney to prepare an ordinance implementing the change (see language changes recommended in Exhibit 1). Previous Council Action The City Council held a public hearing on this issue on November 1, 2011, and referred the matter to the Committee for further review. Narrative (The following was the narrative from the Council agenda item) In September of 2010, the City Council asked the Planning Board to review the boundaries of the Medical/Highway 99 Activity Center during 2011. The specific request was as follows: COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO PLACE REVIEW OF THE MEDICAL ACTIVITY CENTER ON THE 2011 COMPREHENSIVE PLAN DOCKET. MOTION CARRIED UNANIMOUSLY. [see Exhibit 4, middle of page 16] The original intent of including nearby small-lot single family areas in the activity centers (both downtown and in the medical area) was to emphasize that single family areas should be considered to be part of walkable, pedestrian-oriented activity areas. In other words, given that Edmonds is dominated by single family development, the point was to indicate that wholesale changes were not necessary to zoning patterns in order to promote mixed use and pedestrian-oriented activity. After holding a public hearing, the Planning Board opted to recommend adding policy language in the plan's discussion of the Medical/Highway 99 Activity Center that would further clarify this intent. Exhibit 1 includes shows the text amendment recommended by the Board. Attachments Exhibit 1: Draft Plan Amendment Language Exhibit 2: Existing Plan Language Exhibit 3: Comprehensive Plan Map detail Exhibit 4: Planning Board Minutes Exhibit 5: City Council Minutes Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 02:54 PM Packet Page 3 of 352 Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Rob Chave Started On: 11/03/2011  Final Approval Date: 11/03/2011  Packet Page 4 of 352 Medical/Highway 99 Activity Center and Highway 99 Corridor The Medical/Highway 99 activity center is intended to encourage the development of a pedestrian and transit oriented area focused on two master planned developments, Stevens Hospital and Edmonds-Woodway High School, with a related high-intensity development corridor along Highway 99. Highway 99 is characterized by a corridor of generally commercial development with less intense uses or designed transitions serving as a buffer between adjacent neighborhoods. In contrast, the overall character of the mixed use activity center is intended to be an intensively developed mixed use, pedestrian-friendly environment, in which buildings are linked by walkways served by centralized parking, and plantings and landscaping promote pedestrian activity and a park-like atmosphere. In addition to the general goals for activity centers, the Medical/Highway 99 activity center is intended to achieve the following goals: A. Goals for the Medical/Highway 99 Activity Center.  To expand the economic and tax base of the City of Edmonds by providing incentives for business and commercial redevelopment in a planned activity center;  Provide for an aesthetically pleasing business and residential community consisting of a mixed use, pedestrian-friendly atmosphere of attractively designed and landscaped surroundings and inter-connected development;  Recognize and plan for the distinct difference in opportunities and development character provided by the Highway 99 corridor versus the local travel and access patterns on local streets;  Promote the development of a mixed use area served by transit and accessible to pedestrians;  To provide a buffer between the high-intensity, high-rise commercial areas along SR 99 and the established neighborhoods and public facilities west of 76th Avenue West;  To discourage the expansion of strip commercial development and encourage a cohesive and functional activity center that allows for both neighborhood conservation and targeted redevelopment that includes an appropriate mixes of single family and multiple dwelling units, offices, retail, and business uses, along with public facilities;  To provide a pleasant experience for pedestrians and motorists along major streets and in a planned activity center, and provide a gateway along 212th Street SW into the City of Edmonds;  To provide an integrated network of pedestrian and bicycle circulation that connects within and through the activity center to existing residential areas, the high school, the hospital, and transit services and facilities. Packet Page 5 of 352 Within the activity center, policies to achieve these goals include the following: A.1. Provide street trees, buffers, and landscape treatments which encourage and support an attractive mixed use pattern of development characterized by pedestrian walkways and centralized parking. Use these same features, in concert with site and building design, to provide a transition from higher-intensity mixed use development to nearby single family residential areas. A.2. Provide a more efficient transportation system featuring increased bus service, pedestrian and bicycle routes as well as adequate streets and parking areas. Transit service should be coordinated by transit providers and take advantage of links to future high-capacity transit that develops along corridors such as Highway 99. A.3. Development should be designed for both pedestrian and transit access. A.4. Encourage a more active and vital setting for new retail, office, and service businesses, supported by nearby residents and visitors from other parts of the region. A.5. Support a mix of uses without encroaching into single family neighborhoods. Uses adjoining single family neighborhoods should provide transitions between more intensive uses areas through a combination of building design, landscaping and visual buffering, and pedestrian-scale streetscape design. A.6. Uses adjoining the Highway 99 Corridor should provide more intensive levels of mixed use development, including higher building heights and greater density. However, pedestrian linkages to other portions of the activity center – and adjoining focus areas along the Highway 99 Corridor – should still be provided in order to assist pedestrian circulation and provide access to transit. A.7. In some cases, heavy commercial development (e.g. wholesale or light industrial uses) may still be appropriate where these uses are separated from residential uses.   Packet Page 6 of 352 Land Use 61 Medical/Highway 99 Activity Center and Highway 99 Corridor The Medical/Highway 99 activity center is intended to encourage the development of a pedestrian and transit oriented area focused on two master planned developments, Stevens Hospital and Edmonds-Woodway High School, with a related high-intensity development corridor along Highway 99. Highway 99 is characterized by a corridor of generally commercial development with less intense uses or designed transitions serving as a buffer between adjacent neighborhoods. In contrast, the overall character of the mixed use activity center is intended to be an intensively developed mixed use, pedestrian-friendly environment, in which buildings are linked by walkways served by centralized parking, and plantings and landscaping promote pedestrian activity and a park-like atmosphere. In addition to the general goals for activity centers, the Medical/Highway 99 activity center is intended to achieve the following goals: A. Goals for the Medical/Highway 99 Activity Center. • To expand the economic and tax base of the City of Edmonds by providing incentives for business and commercial redevelopment in a planned activity center; • Provide for an aesthetically pleasing business and residential community consisting of a mixed use, pedestrian-friendly atmosphere of attractively designed and landscaped surroundings and inter-connected development; • Recognize and plan for the distinct difference in opportunities and development character provided by the Highway 99 corridor versus the local travel and access patterns on local streets; • Promote the development of a mixed use area served by transit and accessible to pedestrians; • To provide a buffer between the high-intensity, high-rise commercial areas along SR 99 and the established neighborhoods and public facilities west of 76th Avenue West; • To discourage the expansion of strip commercial development and encourage a cohesive and functional activity center that allows for redevelopment that mixes multiple dwelling units, offices, retail, and business uses, along with public facilities; • To provide a pleasant experience for pedestrians and motorists along major streets and in a planned activity center, and provide a gateway along 212th Street SW into the City of Edmonds; • To provide an integrated network of pedestrian and bicycle circulation that connects within and through the activity center to existing residential areas, the high school, the hospital, and transit services and facilities. Packet Page 7 of 352 62 Land Use Within the activity center, policies to achieve these goals include the following: A.1. Provide street trees, buffers, and landscape treatments which encourage and support an attractive mixed use pattern of development characterized by pedestrian walkways and centralized parking. Use these same features, in concert with site and building design, to provide a transition from higher-intensity mixed use development to nearby single family residential areas. A.2. Provide a more efficient transportation system featuring increased bus service, pedestrian and bicycle routes as well as adequate streets and parking areas. Transit service should be coordinated by transit providers and take advantage of links to future high-capacity transit that develops along corridors such as Highway 99. A.3. Development should be designed for both pedestrian and transit access. A.4. Encourage a more active and vital setting for new retail, office, and service businesses, supported by nearby residents and visitors from other parts of the region. A.5. Support a mix of uses without encroaching into single family neighborhoods. Uses adjoining single family neighborhoods should provide transitions between more intensive uses areas through a combination of building design, landscaping and visual buffering, and pedestrian-scale streetscape design. A.6. Uses adjoining the Highway 99 Corridor should provide more intensive levels of mixed use development, including higher building heights and greater density. However, pedestrian linkages to other portions of the activity center – and adjoining focus areas along the Highway 99 Corridor – should still be provided in order to assist pedestrian circulation and provide access to transit. A.7. In some cases, heavy commercial development (e.g. wholesale or light industrial uses) may still be appropriate where these uses are separated from residential uses. Packet Page 8 of 352 Land Use 63 B. Goals for the Highway 99 Corridor. Highway 99 occupies a narrow strip of retail and commercial uses bounded by residential neighborhoods. Historically, the corridor has developed in a patchwork of uses, without a clear focus or direction. To improve planning for the future of the corridor, the City established a task force in 2003-2004, resulting in the Highway 99 Enhancement Report and a related economic analysis. During this process, local residents were contacted and asked to participate in two focus groups to identify current problems and future aspirations for the corridor. After this preliminary survey with the residents, the City invited business owners to participate in two charrette meetings to brainstorm ideas and evaluate possible ways to induce redevelopment in the area. After concepts were developed, Berk & Associates, an economics consultant, performed a market assessment of the enhancement strategy. The following diagram summarizes the general approach that resulted from this work: a series of focus areas providing identity and a clustering of activity along the corridor, providing opportunities for improved economic development while also improving linkages between the corridor and surrounding residential areas. Packet Page 9 of 352 64 Land Use With this background in mind, specific goals for the Highway 99 Corridor include: • Improve access and circulation. Access to businesses for both pedestrians and automobiles is difficult along major portions of the corridor. The inability of pedestrians to cross the street and for automobiles to make safe turns is a critical limitation on enhanced development of the corridor into a stronger economic area. Better pedestrian crossings are also needed to support transit use, especially as Highway 99 becomes the focus of future high capacity transit initiatives. • The City should consider the different sections along the corridor and emphasize their unique opportunities rather than view the corridor as an undifferentiated continuum. Street improvements and, in some cases regulatory measures can encourage these efforts. Focus on specific nodes or segments within the corridor. Identity elements such as signage should indicate that the corridor is within the City of Edmonds, and show how connections can be made to downtown and other Edmonds locations. • Encourage development that is sensitive to surrounding neighborhoods. During the City’s Highway 99 Task Force work, residents noted that they needed a number of services that are not presently provided along the corridor. This can provide an opportunity that might be part of a larger business strategy. At the same time, new development should contribute to the residential quality of the adjacent neighborhoods. • Encourage a variety of uses and building types. A variety of uses and building types is appropriate to take advantage of different opportunities and conditions. For example, a tall hotel or large scale retail development may be an excellent addition to the south of the corridor while some small restaurants and convenience shops might cater to hospital employees, trail users and local residents near 216th Street SW. Where needed, the City should consider zoning changes to encourage mixed use or taller development to occur. Within the Highway 99 corridor, policies to achieve these goals include the following: B.1. Provide a system of “focus areas” along the corridor which provide opportunities for clusters of development, or themed development areas. Providing focus points for development is intended to help encourage segmentation of the long Highway 99 corridor into distinct activity nodes which will encourage an Edmonds character and identity for the corridor. Concepts for the different focus areas identified on the previous page include the following: Packet Page 10 of 352 Land Use 65 The “ Hospital Community and Family Retail Center” would be positioned to take advantage of its proximity to the many hospital and related medical services in the area and it would be easily reachable from the Interurban trail. The idea of an “ International District” is organized around the international flavor of development in the area combined with the concepts of visibility and internal connection. Access to the “ District” is marked by specific gateways, and the many focal points for activity in the area (and the new development in between) are connected with a strong pedestrian corr idor. The “ Residential Area Retail Center” concept allows for mixed use development while providing access and services to adjacent residential neighborhoods. Similar mixed use development, linked to surrounding neighborhoods, could occur i n the “ Commercial Redevelopment/Hotels Improvement Area.” In addition, this area has the potential to provide large sites suitable for larger commercial or mixed use development, such as hotels or large retail complexes. Internal circulation between sites is a key to development. Packet Page 11 of 352 66 Land Use B.2. Provide for pedestrian access and circulation within development focus areas, while coordinating with high-capacity transit along the Highway 99 corridor. B.3. Use traffic signals, access management, and rechannelization to facilitate pedestrian, business, and residential access while maintaining traffic capacity along SR 99. The City should work collaboratively with WSDOT on these issues, and to develop a circulation management plan. In some cases the impacts of the traffic signals can be enhanced by access management, rechannelization and other measures. B.4. New development should be high-quality and varied – not generic – and include amenities for pedestrians and patrons. B.5. Protect residential qualities and connect businesses with the local community. Pedestrian connections should be made available as part of new development to connect residents to appropriate retail and service uses. B.6. New development should be allowed and encouraged to develop to the fullest extent possible while assuring that the design quality and amenities provided contribute to the overall character and quality of the corridor. Where intense development adjoins residential areas, site design (including buffers, landscaping, and the arrangement of uses) and building design should be used to minimize adverse impacts on residentially-zoned properties. B.7. Make the corridor more attractive and pedestrian-friendly (e.g., add trees and landscaping) through a combination of development requirements and – when available – public investment. B.8. Route auto traffic to encourage efficient access to new and existing development while minimizing impacts to surrounding residential neighborhoods. B.9. Upgrade the architectural and landscape design qualities of the corridor. Establish uniform signage regulations for all properties within the corridor area which provide for business visibility and commerce while minimizing clutter and distraction to the public. B.10. The City will encourage the retention of commercial uses which provide high economic benefit to the city, such as new auto dealerships, and encourage these types of uses to locate within the Highway 99 Corridor. When these uses are proposed to be located within one of the corridor focus areas, these uses should also comply with the goals and policies outlined for each focus area. B.11. Within the Corridor, highrise nodes should be located to provide for maximum economic use of suitable commercial land. Highrise nodes should be: B.11.a. Supported by adequate services and facilities; Packet Page 12 of 352 Land Use 67 B.11.b. Designed to provide a visual asset to the community through the use of distinctive forms and materials, articulated facades, attractive landscaping, and similar techniques. B.11.c. Designed to take advantage of different forms of access, including automobile, transit and pedestrian access. B.11.d. Designed to provide adequate buffering from lower intensity uses and residential neighborhoods. Master Planned Development Master Planned Developments are areas dominated by a special set of circumstances which allow for a highly coordinated, planned development, with phasing over time. These master plans describe a special purpose and need for the facilities and uses identified, and provide a clear design which fits with the character of their surroundings. The master plans describe the land use parameters and relationships to guide future development on the sites (height, bulk, types and arrangements of uses, access and circulation). All development within areas identified in each master plan shall be consistent with the provisions of the master plan. When located within a designated activity center, development within a master plan area shall be consistent with the goals and policies identified for the surrounding activity center. The following Master Plans are adopted by reference: A. Edmonds-Woodway High School B. Stevens Hospital C. City Park D. Pine Ridge Park E. Southwest County Park F. The Edmonds Crossing project, as identified in the Final EIS for Edmonds Crossing issued on November 10, 2004. In addition to the master plans listed above, master plans can also be implemented through zoning contracts or other implementation actions, rather than being adopted as part of the plan. In these cases, the master plan must still be consistent with the comprehensive plan goals and policies for the area. Packet Page 13 of 352 220THSTSW212THSTSWBOWDOINWAYONR/W210THSTSW206THSTSW222NDSTSW77THPLW83RDAVEW82NDPLW213THPLSW208THPLSW215THSTSW73RDPLW07THSTSW221STPLSWWOODLAKEDR220THPLSWM A IN S T83RDAVEW82NDAVEW211THPL80THAVEW82NDAVEW81STAVEW76THAVEW77THAVEW208THSTSW 72NDAVEWHWY9968THAVEW212THSTSWHWY99NWTRACTIONR/W216THSTSW209THSTSW210THPLSW206THPL219THSTSW68THAVEWY99220THSTSW80THPLW70THAVEW215THSTSW82NDPLW218THSTSW80THAVEW76THAVEW77THPLW78THAVEWSUMMITLNW85THPLW219THSTSW78THPLW80THPLW211THPL78THPLW218THSTSW78THAVEW209THSTSW77THPLW213THSTSW78THAVEW84THPLW85THPLW74THAVEW208THSTSW78THPLW81STAVEW82NDAVEW207THPL76THPLW82NDPLW214THPLSW83RDAVEW79THAVEW215THSTSW86THPLW81STPLW215THPLSW83RDPL86THAVEW214THPLSW82NDAVEW77THAVEW84THAVEW72NDAVEW221STPLSW216THSTSWHWY9963RDAVEW208THSTSW210THSTSW212THSTSW66THAVEW67THAVEWNWTRACTIONR/W214THSTSW213THP215THS67THAVEW66THAVEW216THSTSW218THSTSW219THSTSW66THAVEW64THAVEW220THSTSW222NDST220THPL221STPL221STPLSW67THPLWAlbionMedical / Highway 99Activity CenterFiveCornersEdmonds WoodwayHigh SchoolStevensHospitalChase LakeElementaryParkCollege PlaceMiddle SchoolPacket Page 14 of 352 APPROVED Planning Board Minutes September 28, 2011 Page 8 Board Member Johnson noted that $20,000 was identified in 2012 for a Transportation Plan update. Mr. Chave explained that it is time for the City to review future land use patterns in preparation for the next Comprehensive Plan update. This money would be used to hire a consultant to help staff extend the projections in the Transportation Plan out to 2035 and perhaps beyond. However, the update will not involve reworking the policies. VICE CHAIR REED MOVED THAT THE BOARD FORWARD THE DRAFT CAPITAL IMPROVEMENT PLAN AND DRAFT CAPITAL FACILITIES PLAN (FILE NUMBER AMD20110006) TO THE CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL BASED ON THE COMMENTS MADE BY THE BOARD. BOARD MEMBER CLOUTIER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING ON POTENTIAL AMENDMENT TO THE CITY’S COMPREHENSIVE PLAN MAP ADJUSTING THE BOUNDARIES OF THE MEDICAL/HIGHWAY 99 ACTIVITY CENTER TO REMOVE EXISTING SINGLE-FAMILY DESIGNATED AREAS FROM THE ACTIVITY CENTER (FILE NUMBER AMD20100024) Mr. Chave reviewed that at the end of 2010, the City Council asked the Board to review the boundaries of the Medical/Highway 99 Activity Center during 2011. The issue was brought forward when a property owner proposed the idea of rezoning single-family zoned property along 220th Street. The subject property was located within the boundaries of the activity center, and nearby residential property owners expressed opposition to the change. These property owners mistakenly thought that because the subject property was located within the activity center, it was presumed that the zoning could be changed. Mr. Chave recalled that at a previous meeting, the Board discussed that the intent of including nearby small-lot single-family areas in both the Downtown and Medical/Highway 99 Activity Centers was to emphasize that single-family areas could be considered to be part of walkable, pedestrian-oriented activity areas. The point was to indicate that wholesale changes are not necessary to zoning patterns in order to promote mixed-use and pedestrian-oriented activity. Downtown Edmonds is a perfect example of this concept in that there are numerous single-family residential homes clustered around the commercial and multi-family residential areas, and there is a lot of pedestrian activity. The City is hoping the same thing will occur in the Medical/Highway 99 Activity Center as redevelopment takes place. Mr. Chave emphasized that including single-family residential properties in the activity center does not mean that the zoning is expected to change. In fact, he reminded the Board that the City Council recently made the decision to reclassify properties on 216th Street (within the activity center) from mixed-use to single-family residential. This action argues for the integrity of having single-family residential properties included in the activity center. Mr. Chave said staff is recommending that the current activity center boundaries be maintained to include single-family residential properties. Instead, staff is proposing that the policy statements be amended to assure that the overall intent is clear. He reviewed the current activity center boundaries. Chair Lovell summarized that staff is recommending the policy statements be amended to make it clear that single-family residential properties can be located within the activity center without being threatened. The boundary would not be changed. NO ONE WAS PRESENT IN THE AUDIENCE. THEREFORE, THE PUBLIC HEARING WAS CLOSED. Chair Lovell noted that the policy statements talk about encouraging the appropriate mixture of uses and neighborhood cohesiveness. They also talk about pedestrian corridors and other elements to encourage walkability. However, none of these issues were addressed by the new Dick’s Restaurant that was recently completed. Mr. Chave explained that not a lot can be done with a small project of this type, but the Highway 99 Task Force is currently talking about ideas for encouraging transit-oriented development for a larger area with connections to other areas of the activity center. Chair Lovell asked if the hospital has indicated support for the current activity center boundaries and the proposed amendments to the policy statements. Mr. Chave said the hospital campus is already specifically identified in the activity center. If the hospital wants to alter surrounding uses, they would have to approach the City with a request to change the Packet Page 15 of 352 APPROVED Planning Board Minutes September 28, 2011 Page 9 Comprehensive Plan, just like any other property owner. He said he does not believe the proposed change would impact the hospital. Vice Chair Reed observed that it is helpful to view the Zoning Map and Comprehensive Plan Map side by side so the sequence of zoning is evidence. He summarized that the zoning within the activity center is diverse. Mr. Chave agreed and explained that the hallmark of mixed-use development is that it does not mean a single type of development or zone. It means a mixture of zones and uses, with features and connections that work together to create the environment. It is important to emphasize that single-family residential uses are not exclusive of their surroundings, but are part of them. He clarified that changing the zoning of a single-family residential property would require not only a rezone, but a Comprehensive Plan amendment, as well. This would be true regardless of whether the property is located within the activity center or not. Chair Lovell asked if residents of the Esperance area are allowed to comment on the proposed amendment. Mr. Chave answered that all citizens, regardless of whether they are residents of Edmonds, are allowed to comment at any public hearing. Vice Chair Reed recalled that a huge crowd attended a Planning Board Meeting at which a property owner presented a proposal to rezone a pocket of single-family residential property located within the activity center. Mr. Chave clarified that he is not sure why the issue came before the Board because no rezone application was filed. The property owner was actually asking the City Council for an exception to the deadline for submitting Comprehensive Plan amendment proposals. The City Council denied the property owner’s request, and the issue never came up again. Board Member Tibbott asked why the Five Corners area was not included in the Medical/Highway 99 Activity Center. Mr. Chave answered that because of its location and its unique characteristics, staff believes it should be treated as its own activity center. Board Member Johnson asked about the status of the Urban Center designation relative to Sound Transit’s evaluation of routes. Mr. Chave explained that Urban Center is a regional planning designation that has extremely high criteria in terms of population density, employment density, etc. It is possible to consider an Urban Center designation for at least a portion of the Medical/Highway 99 Activity Center, but it would require extreme densities. He acknowledged that achieving an Urban Center density would give the City the ability to target regional transportation dollars; but at this point, the Highway 99 Task Force is considering taking a smaller step by looking at transit-oriented development in a couple of nodes along the Highway 99 Corridor. He added that it would be costly to perform the studies necessary to obtain an Urban Center designation. He concluded that while an Urban Center designation is not beyond the realm of possibilities, the Highway 99 Task Force believes that transit-oriented development makes more sense given the current demand. BOARD MEMBER CLOUTIER MOVED THAT THE BOARD FORWARD THE POLICY AMENDMENTS CONTAINED IN EXHIBIT 1 (FILE NUMBER AMD20100024) TO THE CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL. BOARD MEMBER TIBBOTT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. REVIEW OF EXTENDED AGENDA Mr. Chave announced that Strategic Planning Meetings have been scheduled for the 3rd Tuesday of each month during the City Council’s regular meetings. Mr. Chave reported that Mr. Lien is working to obtain a formalized response from the Department of Ecology that they will extend the deadline for completion of the Shoreline Master Program as long as the City can show they are making progress. He also announced that information related to the Shoreline Master Program can be accessed from the new City website, which will be up and running soon. Vice Chair Reed reported that he is currently reviewing the draft article prepared by Board Member Stewart to describe the Shoreline Master Program Update process and identify how the community can get involved. Once he finishes his review, Packet Page 16 of 352 APPROVED Planning Board Minutes August 24, 2011 Page 14 Mr. Lien summarized that staff will continue to work through and revise the regulations in ECDC 24, update and finalize the restoration plan, and update and finalize the cumulative impact analysis. Once a draft SMP is available, the Board will begin the public outreach process. He recalled that Board Member Stewart has prepared a press release to notify the public of the SMP Update. City staff is working to update the City’s website, which includes a direct link to the SMP Project. A SEPA review must be done, and a 60-day notice must be posted. The Planning Board will continue to hold workshop discussions and provide direction to staff. Public hearings will be conducted at both the Planning Board and City Council levels. Board Member Stewart recommended that the Shoreline Bulk and Dimensional Standard Table (ECDC 24.40.090) be amended so the shore setback for the Urban Mixed Use III Environment is set at the more conservative range of 35 feet rather than the proposed 25 feet. She said she would like the setback even greater than 35 feet, but given the sensitive environment and the fact that it is changeable, it would be wise to have a minimum 35-foot setback requirement. Board Member Johnson thanked Executive Director McChesney, Commissioner Block and Keeley O’Connell for providing valuable input to the Commission. Their comments helped her understand the process and view the regulations in a practical environment. Ms. O’Connell clarified that she is just a single representative of Friends of the Edmonds Marsh. She said she would like to take the Board’s discussion to the entire committee for feedback before providing a formal response. She said that Friends of the Edmonds Marsh is concerned about finding the appropriate balance between public access and protecting the environment. She acknowledged that without public interaction, the desire to protect the habitat would not be as strong. On the other hand, overuse can significantly impact habitat values. She reiterated that the marsh is an extremely rare habitat remaining in Puget Sound and is absolutely essential to the recovery of salmon. It also provides essential habitat for Blue Heron, which were significantly impacted by the condominium development and are just coming back to the area. Even in its current condition, the marsh is an extremely diverse and important habitat. Restoring it to allow salmon back is vital to the recovery plan for Puget Sound. Vice Chair Reed referred to the draft press release that was prepared by Board Member Stewart. The news release is intended to inform the public of the Board’s work on the SMP Update. It could also be added to the City’s website. He suggested Board Members forward input regarding the draft press release to Board Member Stewart via email. He volunteered to meet with Board Member Stewart to summarize the main points and finalize the press release. Board Member Clarke referred to an email communication the Board Members received from Council Member Petso. At the bottom of the email was a reference about not having the City Council email back and forth since that would constitute a meeting. He asked if this same policy would apply to the Board. Vice Chair Reed said that is why he suggested that Board Members email their input directly to Board Member Stewart. He cautioned against sending the individual comments to all Board Members since this could constitute a meeting. The Board took a short break at 9:48 p.m. The meeting reconvened at 9:56 p.m. REVIEW OF MEDICAL/HIGHWAY 99 ACTIVITY CENTER BOUNDARY Mr. Chave said the Staff Report included minutes from the City Council meeting where the City Council asked the Planning Board to review the boundaries of the Medical/Highway 99 Activity Center as part of the 2011 Comprehensive Plan Amendment Docket. He explained that the original intent of including nearby small-lot, single-family residential areas in the activity centers (both downtown and the medical area) was to emphasize that single-family areas could be considered part of walkable, pedestrian-oriented activity areas that involve a variety of uses. He advised that it was never the City’s intent that all development within the boundaries for the Medical/Highway 99 Activity Center is supposed to be the same. The intent was to illustrate to the powers that be at the regional and county level that you don’t have to just have multi-family and mixed-use development in order to have walkable neighborhoods. This approach actually encourages walkable pedestrian connections between the residential areas and other parts of the activity centers. However, some single-family residential property owners now have the misunderstanding that their properties are destined to be rezoned. Mr. Chave referred to a situation where a developer expressed an interest in purchasing a single-family residential property within the southwestern corner of the activity center. Their plan was to change the Comprehensive Plan to allow the property to be rezoned to a commercial designation. Just because the property is within the activity center boundary does not mean it can be rezoned. He emphasized that a Comprehensive Plan amendment would be required in order to change the Packet Page 17 of 352 APPROVED Planning Board Minutes August 24, 2011 Page 15 zoning on a parcel that is identified on the Comprehensive Plan Map as single-family residential. He further emphasized that changing the boundaries would not change a single-family residential property’s ability to rezone. If the boundaries are redrawn to exclude the single-family residential properties from the activity center, a rezone would still require a Comprehensive Plan amendment. Whether or not the boundaries are changed, Mr. Chave said this review is helpful to get the message out that single-family residential zones can work in mixed-use, pedestrian-oriented activity centers. He recommended the Board conduct a public hearing to gather input. As part of the hearing, he would like an opportunity explain the reasons for including small-lot, single-family residential areas in activity centers. Board Member Cloutier suggested it would be helpful to explain what the intent of the activity center designation and then review the boundary based on what it is supposed to do. As an aside, it could be pointed out that the boundaries have no effect on the underlying zoning. Mr. Chave said that the activity center boundaries were intended to identify areas within the City where future growth and change was presumed to happen in the future, but restrict the growth to a certain range and mixture of uses. Activity within the mixed-use areas is likely to intensify, but the single-family areas are not expected to change. The point is to make connections between the residential areas and mixed-use commercial areas. He suggested the Board could review the policy statement and perhaps add a phrase to reinforce the idea that single-family residential can be part of the mix and multi-family residential development is not necessary to create walkable neighborhoods. Board Member Johnson said it appears the activity center extends further south on Highway 99. She suggested that staff provide a map at the public hearing to illustrate the entire activity center boundary. Mr. Chave agreed but noted that the City Council’s specific discussion was focused on the residential areas. Board Member Clarke asked staff to provide background information on the single-family residential properties that are located on 215th Street Southwest adjacent to the hospital. Mr. Chave replied that Jim Underhill, representing his small neighborhood, approached the City with a Comprehensive Plan amendment request to change the land use designation for the properties along 215th Street Southwest. The Planning Board forwarded a recommendation to the City Council not to make the change, but the City Council ultimately decided to approve the Comprehensive Plan change to designate this small area as single-family residential. He suggested the Board could argue that the City Council has already concluded that single-family residential works within an activity center. Board Member Johnson said there was a similar situation in the City of Bellevue where a small, cohesive single-family residential neighborhood was located next to Overlake Hospital. The entire neighborhood decided to sell their properties to the hospital. This involved a long public process. Mr. Chave said he would not rule out the possibility that a group of property owners would make this decision, but there are no plans to do so at this time. Board Member Johnson recalled that undeveloped parcels along 220th Street Southwest were the subject of another application. Mr. Chave noted that 220th Street is the southern boundary line of the activity center. A property owner on 220th Street approached the City with an application to rezone property that was not adjacent to the existing multi- family/commercial zones. This application raised neighborhood concern. The applicant asked for an exception to the rule that limits Comprehensive Plan amendments to once per year, and the City Council declined to entertain the amendment. Vice Chair Reed asked if staff has any idea when Swedish Edmonds Hospital will provide information regarding their proposed long-range plans. Mr. Chave said the hospital has had preliminary discussions with staff about long-range planning, but their focus now is on getting their current projects done. He agreed to check with Mr. Clifton about when the hospital’s long-range plans might come forward. He reminded the Board that the hospital’s current master plan was adopted in the late 1990’s, and it is due for an update. Mr. Chave referred to Activity Center Policy A.5, which calls for activity centers to support a mixture of uses without encroaching into single-family neighborhoods. This includes the single-family neighborhoods both within and outside of the activity center. He emphasized that wholesale changes are not necessary to zoning patterns in order to promote mixed-use and pedestrian-oriented activities. Hopefully, this assurance can be emphasized at the public hearing. Board Member Johnson said many of the people that opposed the proposed Comprehensive Plan amendment idea lived across the street in Esperance. She asked if the City should coordinate their land uses in the activity center to be consistent Packet Page 18 of 352 APPROVED Planning Board Minutes August 24, 2011 Page 16 with those of the County. Mr. Chave replied that most of the County’s commercial development is also located along Highway 99, but their residential densities are generally more intense. Vice Chair Reed announced that the Medical/Highway 99 Activity Center Boundaries is scheduled for a public hearing on September 28th. Staff is recommending that the Board reinforce the benefits of including single-family residential zones as part of the activity center. They could also come up with new language in the Comprehensive Plan to further emphasize the variety of uses that can exist in an activity center. Mr. Chave suggested that two options could be advertised for the public hearing: retain the current boundaries and acknowledge that single-family residential fits within the activity center and is protected by existing policies or eliminate the single-family residential properties from the activity center. Board Member Clarke noted that most of the communities within the Puget Sound area have accommodated health care related expansion by creating specific zoning, master plans, etc. The hospital is now becoming landlocked by other uses that are not medical related. He questioned how the zone could be expanded to encourage additional medical uses. Mr. Chave suggested when the hospital approaches the Board to discuss their long-range plan, the Board could ask them to identify what the City could do to further their long-range plans and what they see as far as surrounding development needs versus what might happen on their campus proper. This would give the Board an idea of what they should focus the discussion on. Hopefully, this extensive master plan update will occur within the next few years. He reminded the Board that the City is required to complete a major Comprehensive Plan update in 2014. Board Member Johnson said she attended the Citizens Economic Development Committee meeting where representatives from Swedish Edmonds Hospital provided a presentation. She learned that the hospital owns numerous properties such as the Value Village property. Board Member Clarke pointed out that Top Foods and Dicks Drive-In are located at the southwest corner of the activity center so the hospital cannot expand to the south. They cannot expand to the north either, and there is only limited property to the east. They can’t expand west because of the high school. Board Member Johnson suggested that when the Board reviews the Comprehensive Plan update, they can also look at the auxiliary land use needs. A hospital generates all types of support such as doctor’s offices, imaging facilities, and medical supply stores. It is important to ensure there is adequate land available for redevelopment or these opportunities will go elsewhere when the demand increases. Vice Chair Reed summarized that the Board’s options are to adjust the lines so that the single-family residential areas are located outside the activity center. Another option would be to retain the existing boundaries. He suggested the Board move forward with a public hearing to allow citizens to comment on the two options. He noted there are additional single-family residential neighborhoods located on the southern boundary of the activity center. He questioned if the boundary should also be redrawn to exclude these other small single-family residential areas. Mr. Chave agreed that would be appropriate. Board Member Cloutier suggested that rather than adjusting the boundaries, the activity center language could be amended to make the intent clearer. Mr. Chave agreed to suggest amendments to the activity center language to clarify the reasons for including single-family residential within the activity center. REVIEW OF EXTENDED AGENDA Vice Chair Reed referred the Board to the extended agenda. Mr. Chave noted that he would not be available to attend the special meeting the Board scheduled for September 7th. The Board’s September 14th meeting was cancelled so that Board Members could attend the kick off meeting for the Strategic Plan. He suggested the Board cancel the special meeting since the City has more time to complete the SMP update than originally anticipated. The Board agreed to cancel the special meeting as recommended by staff. Mr. Chave recalled that in the past, staff has provided a presentation to the Board regarding the Capital Improvement Plan (CIP) and Capital Facilities Plan (CFP) prior to the public hearing. He noted that the public hearing is scheduled for September 28th, so September 7th would be the only opportunity for staff to provide a preview. The Board agreed that staff could provide written information by September 14th for the Board to review in preparation for the public hearing on September 28th. The Board could forward questions to staff, and staff could provide a response on September 28th prior to the public hearing. Packet Page 19 of 352 Edmonds City Council Approved Minutes September 7, 2010 Page 12 decided that given the economic development direction from the Council, it should be considered. The Planning Board’s consideration resulted in the recommendation provided to the City Council. Council President Bernheim asked who suggested the categorical exemption for 40 parking spaces, 12,000 square foot building and 20 units? Mr. Lien stated it was staff’s suggestion. The Planning Board requested staff present proposals; that was one of several proposals considered by the Planning Board. Council President Bernheim referred to Section 20.15A.130.E.3 that states “The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.” He expressed concern with the proposed additional language, “For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.” Mr. Lien answered that language was taken from the model ordinance. Council President Bernheim referred to a section that states the City shall share the EIS consultant rather than the City having sole authority. Mr. Lien answered that was also taken from the model ordinance. Council President Bernheim asked why this much time was being spent on the amendment if it would have only impacted 2 projects in the past 25 years? Mr. Lien answered he was surprised by the number of projects that would not be exempt by the proposal. The Planning Board recommended this amendment as part of the SEPA update. Councilmember Buckshnis asked how long it took to complete a SEPA checklist. Mr. Lien answered it depends on the complexity of the project; it could take one to a few hours depending on the person’s familiarity with the project and how much information is included. Councilmember Buckshnis commented in view of all the other requirements, completing a checklist would not be much more burdensome. Mr. Lien answered the checklist was only part of the process. SEPA adds to the permit “hoops” a developer would need to go through. The Comprehensive Plan addresses streamlining the permit process. This was one thing that could be done to streamline the permit process. Mayor Cooper opened the public participation portion of the public hearing. Colleen McDonald, Edmonds, a resident of unincorporated Esperance within 300 feet of the Medical/Highway 99 Activity Center, expressed her opposition to the proposed changes to the exemption thresholds for the Activity Center area. One of the goals for the Medical Activity Center in the City’s Comprehensive Plan is to avoid encroaching into single family neighborhoods; this proposed change would do just that. While the proposed change would only affect a small number of projects according to planning staff, the magnitude of the increase is substantial for those living next to a project; 4 houses to 20 houses, 40,000 square feet to 12,000 square feet for commercial building, and 20 parking spaces to 40 parking spaces. She pointed a large residential neighborhood was currently included in the Medical Activity Center and sections of the Center border other neighborhoods. She supported development in appropriate locations and would be willing to consider changes if there were a way to appeal an exemption; according to the current wording, an exemption was final and there was no opportunity for appeal. Approving this change would send a message to residents in neighborhood within the Medical Activity Center that commercial development was more important than preserving neighborhoods. She questioned the proposal to expand the threshold to the maximum allowed, commenting that may be appropriate for a large city but not for Edmonds. She urged the Council to vote against the proposed change in the interest of the families who live in the targeted areas. Todd Cloutier, Edmonds, commented the flexible thresholds could be omitted and the remaining changes adopted without any noticeable impact. He commented on the inappropriate use of SEPA to control development when the intent of SEPA is environmental protection. The City controls Packet Page 20 of 352 Edmonds City Council Approved Minutes September 7, 2010 Page 13 development via the development code not by misapplication of environmental concerns to achieve development goals. He acknowledged there were real development concerns in the Medical Activity Center area and there are numerous single family residences in that area. The area needs to be reviewed in more detail, an issue separate from this SEPA proposal. A recent proposal for a large medical facility in the Medical Activity Center zone located within a residential neighborhood highlighted the problem with the boundaries of the Medical Activity Center. SEPA is not the correct tool to stop that development; the development code is. The Planning Board recommended tailoring the SEPA review level to the area, areas with proposed raised thresholds are completely built out and the environment is already understood and development regulations prevent doomsday development regulations. The expected impact of changes to the flexible thresholds is minimal. SEPA checklists are not a large burden and if there is an environmental concern, it should be addressed. He recommended adoption of the proposed SEPA changes with the exception of the new flexible thresholds. To address the real development problems in the Medical Activity Center, he recommended a reassessment of the boundaries of that area in the Comprehensive Plan as well as a review of the zoning in that area. He voiced a similar concern along Highway 99, commenting that although Highway 99 was appropriately zoned, the areas directly adjacent should be considered as a transition area. Joe St. Laurent, stated he represents James Klug, the majority land owner on this block within the Medical/Highway 99 Activity Center. He relayed Mr. Klug’s concurrence with Ms. McDonalds’s and Mr. Cloutier’s comments. He stated Mr. Klug’s opposition to the proposed changes in the flexible thresholds. The neighborhood within the 200th Avenue West, 80th Avenue West, and 76th Avenue West area is a prosperous middle class neighborhood. Mr. Klug is a majority land owner on the block proposed to be developed by Kruger Clinic, Blue Star and Tony Shapiro into a 4-story, 30,000 square foot mixed commercial use medical building. This project is not a minor intrusion into the neighborhood; it will have a major impact on an area already impacted by traffic, drainage and congestion issues. It appears the City is trying to push development of this area and eliminate the middle class and affordable housing in this area for commercial enterprises that may provide minimal tax revenue to the City. If a project is exempt from SEPA, he wanted to ensure that due process was available for citizens to voice their concerns and participate in the process as well as the ability to appeal any decision. Marian Bacon, Edmonds, a resident on 220th for 48 years, explained 220th is very busy and a main corridor to Edmonds and she feared commercial development in their neighborhood would increase traffic volumes. Her neighborhood is a residential area and once businesses begin to move in, historically there is more than one business. Businesses locating in their neighborhood will reduce home values. She asked whether any Councilmember would be willing to have a commercial building across the street from their home. She concurred with the comments made by the previous speakers. Cathy Lester, Edmonds, a resident in the middle of the Activity Center, encouraged the Council to vote against the SEPA exemption in the Medical/Highway 99 Activity Center. She pointed out the diversity of neighborhoods in the Activity Center that includes many single family residential homes. A blanket exemption for larger developments is not feasible in an area where there is such diversity. The larger a development proposal is, 20 homes versus 4 homes, 12,000 square feet versus 4,000 square feet, the more important it is to have a thorough review of the project and SEPA is an integral part of the process. If as the case study provided by staff states, SEPA likely would not significantly add to the review process for the formal subdivision, she suggested keeping the review process as it currently exists. She questioned the compelling reason for adopting the SEPA exemption for these two areas. She did not support any reduction in the process or public notice for development of any size. She was also uncomfortable with leaving the Department of Ecology out of the process which the exemption would do. Roger Hertrich, Edmonds, recommended the Council not approve the proposed exemptions, pointing out the benefit to the developer versus the cost to Edmonds citizens was not balanced. Greater harm was possible to the environment and citizens’ right to participate under the proposed exemption. Changes in Packet Page 21 of 352 Edmonds City Council Approved Minutes September 7, 2010 Page 14 the Highway 99 Corridor zoning allowed nearly unlimited development; however, there are residential areas close to Highway 99 that are affected. He suggested the case study for the Medical/Highway 99 Activity Center was not the correct study; the medical center and accompanying parking lot would have been a more appropriate case study. He referred to Council President Bernheim’s question regarding how this proposal originated, envisioning it was staff-driven or it was simply change for the sake of change. He suggested the number of regulations referred to in the case study created the delay in the permit process, not SEPA. Rich Senderoff, Edmonds, pointed out comments regarding the Medical Activity Center highlight concerns with the borders of that zone. He agreed with Mr. Cloutier’s suggestion to reassess the boundaries of the Medical Activity Center as well as the zoning within that area and suggested that be done before the SEPA thresholds were changed. Bruce Witenberg, Edmonds, one of two citizen representatives on the Highway 99 Task Force for Economic Development and one of seventeen commissioners on the Economic Development Commission, stated he was not speaking on either group’s behalf but as a citizen who lives in the Aurora Marketplace Neighborhood near Highway 99. He supported intelligent economic development throughout the City. He did not support economic development that did not take into consideration the impact of development on long established neighborhoods. He supported the comments made in an email from Jim Underhill, his citizen colleague on the Highway 99 Task Force as well as the comments of Ms. McDonald and others in her neighborhood who spoke against the proposed changes. He urged the Council to build in protections for single family neighborhoods that surround Highway 99 and the Medical Activity Center before embarking on a relaxation of regulations that could adversely affect long established neighborhoods. Appropriate development on Highway 99 and in the Medical Activity Center should be permitted but as that development begins to encroach on and impact surrounding neighborhoods, neighborhood protections should be in place to appropriately lessen the encroachment and impact. Hearing no further comment, Mayor Cooper closed the public participation portion of the public hearing. Councilmember Wilson asked whether a change to the Comprehensive Plan needed to be initiated by the Council or citizens. Mr. Lien answered it could come from the Council or citizens. The deadline to submit a proposed Comprehensive Plan amendment is December 31. To place an item on the docket for next year, it would need to be submitted by December 31, 2010. Councilmember Wilson asked whether the Council could request an emergency amendment be expedited this year. Mr. Lien answered it would be difficult to complete a Comprehensive Plan change by yearend. Councilmember Wilson asked whether the Council should give the Planning Board specific direction to consider the boundaries of the Medical Activity Center. Mr. Lien explained that was an issue separate from the proposed SEPA update under discussion. If the City Council chose, they could provide policy direction to the Planning Board to consider the boundaries of the Medical Activity Center. With regard to how this proposal originated, Councilmember Wilson recalled an April 21, 2009 meeting when 65 citizens on the Levy Review Committee stated, 1) we need a levy, and 2) to avoid a future levy, the City needs to work on economic development. In addition, the Council passed a resolution creating an Economic Development Commission. Within that context, it was reasonable that the Planning Board and staff would look for ways to expedite economic development. It is now 14-16 months later, there are three new Councilmembers and a new Mayor. He appreciated staff and the Planning Board asking the question, commenting it was now up to the Council to make a decision. Council President Bernheim expressed concern that major policy changes were included in the draft along with updates that were technical corrections. The proposed change to the SEPA threshold seemed like a very low priority but has consumed a great deal of staff and Planning Board time. He preferred that Packet Page 22 of 352 Edmonds City Council Approved Minutes September 7, 2010 Page 15 planning staff work on green building codes, incentives for development based on energy efficiency, preservation of view corridors, etc. He did not support the repeal of environmental safeties to facilitate development which is what this sounded like to him. He did not support eliminating environmental policy procedures for an entire class of development in the name of economic development. Because Highway 99 and the Medical Activity Center are economic development zones did not mean they should be exempt from environmental protections. He preferred the entire City be subject to SEPA review. Council President Bernheim expressed concern that this amount of work had been done with only one presentation to the Community Services/Development Services Committee and no request for guidance from the Committee. The only City Council involvement following the presentation to the Committee was the presentation staff provided in July. He did not want the Planning Board to view this as another effort on which the Council did not act. He did not want the message to be that the Council was interested in promoting economic development by repealing environmental regulations. He acknowledged many of the technical updates were non-controversial. Councilmember Plunkett agreed the motive for the proposal was as Councilmember Wilson described but in this case the Planning Board got it wrong. He would have preferred the Planning Board bring the policy issue of whether to increase the SEPA threshold to the Council prior to providing a recommendation on the updates for consistency along with a change in the policy. That would have achieved both objectives, 1) the technical update, and 2) determining whether the Council was interested in pursuing an increase in the SEPA threshold. Councilmember Petso suggested staff return the proposal to the Council with the technical corrections and without the change in the flexible thresholds. Mr. Lien clarified the Council was not interested in repealing the 500 cubic yards that has applied throughout the City for 25 years, only the Activity Center and the Highway 99 corridor. Councilmember Petso agreed, expressing her intent to leave the policy thresholds as they are and make the other technical updates to better conform to the model ordinance. She was not proposing a change to the grading threshold. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ASK STAFF TO BRING BACK THE SEPA UPDATES WITHOUT THE PROPOSED CHANGES TO THE FLEXIBLE THRESHOLD. Councilmember Peterson concurred with Councilmember Wilson’s explanation that direction for this review came from the Council as a result of the Levy Review Committee’s recommendation and the formation of an Economic Development Commission. The Council has told staff and citizen groups to look for positive economic development efforts. He emphasized the zoning would not change under the proposal to increase the SEPA threshold; SEPA is a minor part of a development proposal. As an environmentalist, he supports SEPA but wants to ensure citizens are aware that it is the development code and zoning that protects single family neighborhoods, not SEPA. He recalled the proposal by the Kruger Clinic would have required an extensive review; SEPA review would not have prevented that development. He clarified neither staff, the Planning Board nor the Council was interested in radically changing policy; the policy is in the zoning code and development code, not in the SEPA regulations. He expressed his support for the motion. Councilmember Plunkett clarified he did not mean that the Planning Board should not explore things, he was suggesting the process was wrong when major policy changes did not come to the Council first before the Planning Board spent time on it. MOTION CARRIED UNANIMOUSLY. Packet Page 23 of 352 Edmonds City Council Approved Minutes September 7, 2010 Page 16 Councilmember Wilson suggested redefining the boundaries of the Medical Activity Center as part of the 2011 Comprehensive Plan docket. He recalled the overwhelming lesson at the time of the Kruger Clinic’s proposal was that the Medical Activity Center was poorly defined which created conflicts between the City’s vision for the area and how it was described in the Comprehensive Plan. Councilmember Petso suggested the Community Services/Development Services Committee discuss a Comprehensive Plan amendment at their next meeting and return to Council with a plan of action. Mr. Snyder suggested a motion to docket review of the language and limits of the Medical/Highway 99 Activity Center in next year’s Comprehensive Plan amendment. Councilmember Wilson clarified the Council could docket a proposed question without an answer to the question. Mr. Snyder answered yes, explaining it kept all the options open. Councilmembers Peterson and Petso expressed support for docketing review of the language and limits of the Medical/Highway 99 Activity Center. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO PLACE REVIEW OF THE MEDICAL ACTIVITY CENTER ON THE 2011 COMPREHENSIVE PLAN DOCKET. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Natalie Shippen, Edmonds, reiterated her question, how the ferry system plans to spend $26 million in Edmonds and why the eight elected officials in Edmonds do not know how those funds will be spent. She suspected the reason elected officials did not know the answer was because the elected officials have never asked the ferry system that question; the email Mr. Clifton sent to the ferry system stated Ms. Shippen was asking the question. The ferry system’s response has been the funds are a placeholder. Next, she asserted the City had never asked the ferry system what one improvement project would be built with the $26 million. She urged the Mayor and Council to ask the ferry system what the $26 million would be spent on. To the comment that this is far in the future, she pointed out the project would be built in 19 years, and the ferry system must know what the project is. She objected to the suggestion to appeal to the legislature with regard to this issue, anticipating they would have little interest. She assumed the project was a second slip at the main street terminal and planned to pursue discussion of the second slip and the Edmonds Crossing “crackpot scheme.” Barbara Tipton, Edmonds, Steering Committee Member of the Edmonds Backyard Wildlife Project, spoke in favor of the ordinance to create a Citizens Tree Board. Last April, Edmonds received Community Wildlife Habitat certification from the National Wildlife Federation following nearly two years of dedicated work by Laura and Paul Spehar and a committee with the support of 191 residential property owners, 5 schools and 19 parks and green zone managers who registered their properties as backyard wildlife habitats. The Tree Board will engage in several sub-projects that include, 1) developing a tree ordinance designed to preserve and protect existing trees and encourage planting of additional trees, 2) increasing community outreach and education regarding the value of trees, proper selection of trees and current methods of planting and carrying for trees, 3) working with citizen groups to organize invasive plant removal and native vegetation planting in conjunction with the Department of Parks, Recreation and Cultural Services, 4) sponsoring an annual Arbor Day event, 5) working toward achievement of Tree City USA status. Meetings will be open to the public and minutes will be filed with the City Clerk’s Office. Dr. Richard Senderoff and she met with Planning Manager Rob Chave and Parks Director Brian McIntosh who reviewed and provided input on the ordinance. The ordinance has also been reviewed by the City Attorney Scott Snyder. Once the ordinance to create the Tree Board is approved by the Council, the Mayor’s office will prepare a press release seeking applicants for the Tree Board. She encouraged all interested parties to apply. Packet Page 24 of 352 AM-4309   Item #: 1. B. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Committee:Community/Development Services Type: Information Subject Title Marina Beach BNSF Land Lease Recommendation from Mayor and Staff Approve for Mayor's signature Previous Council Action None Narrative Attached is an updated lease from BNSF for land contiguous to Marina Beach Park and the OLAE.  Due to work from BNSF in relation to the double track, they have an interest in updating the current land lease.  The new lease has no significant changes from the previous lease, and is for an indefinite period of time.  The lease amount has increased from $1565 per year to $1700 per year.  This increase represents a change in the value of the land, and an annual 3% inflator.   Attachments BNSF Land lease Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/01/2011 07:34 AM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Carrie Hite Started On: 10/27/2011 09:07 AM Final Approval Date: 11/03/2011  Packet Page 25 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 1 - INDEFINITE TERM LEASE LAND THIS INDEFINITE TERM LEASE FOR LAND ("Lease") is made and entered into to be effective as of the 15th day of September, 2011 (“Effective Date”), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Lessor") and CITY OF EDMONDS, a municipal corporation ("Lessee"). RECITALS A. Lessor is in the railroad transportation business and owns or controls a system of rail tracks ("Lessor's Track(s)") and various real properties associated therewith, including certain Premises as described below which Lessee desires to lease from Lessor. B. Lessor has agreed to lease to Lessee the Premises, subject to the terms, conditions and limitations provided herein. AGREEMENTS In consideration of the mutual covenants herein, Lessor and Lessee hereby agree as follows: Section 1. Premises and Term. A. Lessor leases to Lessee and Lessee leases from Lessor, subject to the covenants, agreements, terms, provisions and conditions of this Lease, that certain parcel of real property, situated in the City of Edmonds, County of Snohomish, State of Washington, along Line Segment 0050, Mile Post 17.00 and constituting the shaded area shown upon Print No. 1-51715, dated 05/04/2011 a copy of which is attached hereto as Exhibit "A" and made a part hereof ("Premises"). B. Lessee leases the Premises from Lessor beginning September 15, 2011 ("Commencement Date"), and shall continue until terminated by either party as provided in this Section 1(B). This Lease may be terminated by either party, at any time, without cause, for convenience, by serving upon the other party written notice of termination at least thirty (30) days in advance. Upon the expiration of the time specified in such notice, this Lease and all rights of Lessee shall absolutely cease. C. Upon termination, either (i) Lessor may retain from prepaid rent, as an additional charge for use of the Premises, a sum equal to three (3) months Base Rent (as defined below), and any unearned portion of the annual Base Rent, in excess of such retainage, paid in advance shall be refunded to Lessee or (ii) if Lessor has not been paid sufficient Base Rent to satisfy the above retainage, then Lessee shall pay Lessor a sufficient sum so that, together with sums already held by Lessor, Lessor shall hold a sum equal to three (3) months Base Rent which Lessor shall retain as an additional charge for use of the Premises, and such additional sum shall be paid by Lessee within thirty (30) days of termination of the Lease. D. Each consecutive twelve-month period this Lease is in effect, beginning with the Effective Date of this Lease, is herein called a "Lease Year." E. Lessee acknowledges that it is assuming all risks associated with Lessor's right to terminate this Lease at any time as provided above, and (i) Lessor gives no assurance that Lessor will delay termination of this Lease for any length of time whatsoever, (ii) Lessee may expend money and effort during the term of this Lease which may not ultimately be of any benefit to Lessee if Lessor terminates this Lease, but nonetheless, Lessor shall have the right to terminate the Lease if Lessor determines in its sole and absolute discretion that Packet Page 26 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 2 - Lessor desires to terminate, and (iii) in no event shall Lessor be deemed to have any legal obligations to continue to lease the Premises for any length of time. Section 2. Use and Compliance. A. Lessee may use the Premises for the sole and exclusive purpose of fencing and for no other purpose without the prior written consent of Lessor. Lessee shall respond to Lessor's reasonable inquiries regarding the use or condition of the Premises. B. Lessee shall comply with all Laws applicable to Lessee, the Premises, this Lease and Lessee’s activities and obligations hereunder, and shall have the sole responsibility for costs, fees, or expenses associated with such compliance. As used herein, the term “Laws” shall mean any and all statutes, laws, ordinances, codes, rules or regulations or any order, decision, injunction, judgment, award or decree of any public body or authority having jurisdiction over Lessee, the Premises, this Lease, and/or Lessee’s obligations under this Lease, and shall include all Environmental Laws (as defined in Section 4(A)). C. If any governmental license or permit is required or desirable for the proper and lawful conduct of Lessee's business or other activity in or on the Premises, or if the failure to secure such a license or permit might in any way affect Lessor, then Lessee, at Lessee's expense, shall procure and thereafter maintain such license or permit and submit the same to inspection by Lessor. Lessee, at Lessee's expense, shall at all times comply with the requirements of each such license or permit. Section 3. Rent. A. Lessee shall pay as rental for the Premises, in advance, an amount equal to One Thousand Seven Hundred dollar and no 100 ($1,700.00) annually during the term of the Lease, ("Base Rent"). Base Rent shall increase 3% annually during the term of the Lease. Lessor reserves the right to change rental rates as conditions warrant. Billing or acceptance by Lessor of any rental shall not imply a definite term or otherwise restrict either party from canceling this Lease as provided herein. Either party hereto may assign any receivables due it under this Lease; provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this Lease. All rent and other monetary payments under this Lease from Lessee to Lessor shall be delivered solely to the following address: Jones Lang LaSalle – Representative for BNSF Railway Company P.O. Box 676160 Dallas, TX 75267-6160 Lessor shall have the right to designate at any time and from time to time a different address for delivery of such payments by written notice to Lessee pursuant to the notice provisions of Section 36 below. No rent or other payment sent to any other address shall be deemed received by Lessor unless and until Lessor has actually posted such payment as received on the account of Lessee, and Lessee shall be subject to all default provisions hereunder, late fees and other consequences as a result thereof in the same manner as if Lessee had failed or delayed in making any payment. B. Lessee acknowledges that Lessor utilizes the rental collection system involving direct deposit of monies received through a financial institution selected by Lessor, which precludes Lessor's ability to exercise rejection of a rental payment before Lessee's check is cashed. Lessee agrees that as a condition of Lessor granting this Lease Lessee hereby waives any rights it may have under law to force continuation of this Lease due to Lessor having accepted and cashed Lessee's rental remittance. Lessor shall have the option of Packet Page 27 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 3 - rejecting Lessee's payment by refunding to Lessee the rental amount paid by Lessee, adjusted as set forth in this Lease, and enforcing the termination provisions of this Lease. C. Lessee shall pay the Base Rent and all additional amounts due pursuant to Section 9 as and when the same become due and payable, without demand, set-off, or deduction. Lessee's obligation to pay Base Rent and all amounts due under this Lease is an independent covenant and no act or circumstance, regardless of whether such act or circumstance constitutes a breach under this Lease by Lessor, shall release Lessee of its obligation to pay Base Rent and all amounts due as required by this Lease. D. If any Base Rent or any payment under Section 9 or any other payment due by Lessee hereunder is not paid within five (5) days after the date the same is due, Lessor may assess Lessee a late fee ("Late Fee") in an amount equal to 5% of the amount which was not paid when due to compensate Lessor for Lessor's administrative burden in connection with such late payment. In addition to said Late Fee, Lessee shall pay interest on the unpaid sum from the due date thereof to the date of payment by Lessee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. Section 4. Environmental. A. Lessee shall strictly comply with all federal, state and local environmental laws and regulations in its occupation and use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Clean Air Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, and CERCLA (collectively referred to as the “Environmental Laws”). Lessee shall not maintain any treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws, on the Premises. Lessee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws, on or about the Premises. B. Lessee shall give Lessor immediate notice to Lessor’s Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises and to Lessor's Manager Environmental Leases at (785) 435-2386 for any violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Lessee's use of the Premises. Lessee shall use its best efforts to promptly respond to any release on or from the Premises. Lessee also shall give Lessor's Manager Environmental Leases immediate notice of all measures undertaken on behalf of Lessee to investigate, remediate, respond to or otherwise cure such release or violation and shall provide to Lessor's Manager Environmental Leases copies of all reports and/or data regarding any investigations or remediations of the Premises. C. In the event that Lessor has notice from Lessee or otherwise of a release or violation of Environmental Laws on the Premises which occurred or may occur during the term of this Lease, Lessor may require Lessee, at Lessee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Lessor's right-of-way. D. Lessee shall promptly report to Lessor in writing any conditions or activities upon the Premises which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Lessee's reporting to Lessor shall not relieve Lessee of any obligation whatsoever imposed on it by this Lease. Lessee shall promptly respond to Lessor’s request for information regarding said conditions or activities. Packet Page 28 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 4 - E. Hazardous Materials are not permitted on the Premises except as otherwise described herein. Lessee expects to use on the Premises the following Hazardous Materials: NONE, and to store on the Premises the following Hazardous Materials (as defined in Section 4(F) below): NONE; provided, however, that Lessee may only use and store the listed Hazardous Materials in such amounts as are necessary and customary in Lessee's industry for the permitted uses hereunder ("Permitted Substances"). All such Permitted Substances shall be placed, used, and stored in strict accordance with all Environmental Laws. Use or storage on the Premises of any Hazardous Materials not disclosed in this Section 4(E) is a breach of this Lease. F. For purposes of this Section 4, “Hazardous Materials” means all materials, chemicals, compounds, or substances (including without limitation asbestos, petroleum products, and lead-based paint) identified as hazardous or toxic under Environmental Laws. G. Lessor may, at its option prior to termination of this Lease, require Lessee to conduct an environmental audit of the Premises through an environmental consulting engineer acceptable to Lessor, at Lessee's sole cost and expense, to determine if any noncompliance or environmental damage to the Premises has occurred during Lessee's occupancy thereof. The audit shall be conducted to Lessor's satisfaction and a copy of the audit report shall promptly be provided to Lessor for its review. Lessee shall pay all expenses for any remedial action that may be required as a result of said audit to correct any noncompliance or environmental damage, and all necessary work shall be performed by Lessee prior to termination of this Lease. Section 5. Access to Adjacent Property by Lessee. If access to and from the Premises can be accomplished only through use of Lessor's property adjacent to the Premises, such use is granted for ingress and egress only and on a non-exclusive basis, subject to such restrictions and conditions as Lessor may impose by notice to Lessee. Lessor shall have the right to designate the location or route to be used. Lessee understands and agrees that all of the terms and obligations under this Lease applicable to Lessee shall also be applicable to Lessee with respect to Lessee's use of any property adjacent to the Premises which Lessee may use just as though the property has been specifically described as part of the Premises, including, without limitation, the indemnity provisions of Section 13. Notwithstanding anything to the contrary herein, this Section 5 shall not grant Lessee any right to cross any of Lessor's Tracks. Any such crossing rights may only be granted by a separate written agreement between Lessor and Lessee. Section 6. Access to Premises by Lessor. A. Lessor and its contractors, agents and other designated third parties may at all reasonable times and at any time in case of emergency, in such manner as to not unreasonably interfere with Lessee's use of the Premises as allowed hereunder, (i) enter the Premises for inspection of the Premises or to protect the Lessor’s interest in the Premises or to protect from damage any property adjoining the Premises, (ii) enter the Premises to construct, maintain, and operate trackage, fences, pipelines, communication facilities, fiber optic lines, wireless towers, telephone, power or other transmission lines, or appurtenances or facilities of like character, upon, over, across, or beneath the Premises, without payment of any sum for any damage, including damage to growing crops, (iii) take all required materials and equipment onto the Premises, and perform all required work therein, for the purpose of making alterations, repairs, or additions to the Premises as Lessor may elect if Lessee defaults in its obligation to do so, (iv) enter the Premises to show the Premises to holders of encumbrances on the interest of Lessor in the Premises, or to prospective purchasers or mortgagees of the Premises, and all such entries and activities shall be without any rebate of rent to Lessee for any loss of occupancy of the Premises, or damage, injury or inconvenience thereby caused. Packet Page 29 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 5 - B. For purposes stated in this Section 6, Lessor will at all times have keys with which to unlock all of the doors and gates on the Premises, and Lessee will not change or alter any lock thereon without Lessor's permission. C. In an emergency, Lessor will be entitled to use any and all means that Lessor may deem proper to open doors, gates, and other entrances to obtain entry to the Premises. Any entry to the Premises by Lessor as described in this Section 6 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or any eviction of Lessee from the Premises, and any damages caused on account thereof will be paid by Lessee. Section 7. Warranties. LESSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LESSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. This Lease is made subject to all outstanding rights or interests of others. If the Premises are subsequently found to be subject to prior claim, this Lease shall terminate immediately on notice to that effect from Lessor. Lessee accepts this Lease subject to that possibility and its effect on Lessee’s rights and ownership of the Lessee Improvements. In case of eviction of Lessee by anyone other than Lessor, or anyone owning or claiming title to or any interest in the Premises, Lessor shall not be liable to Lessee for damage of any kind (including any loss of ownership right to Lessee's Improvements) or to refund any rent paid hereunder, except to return the unearned portion of any rent paid in advance. Section 8. Premises Condition; Lessee Improvements. A. Lessee represents that the Premises, the title thereto, any subsurface conditions thereof, and the present uses thereof have been examined by the Lessee. Lessee accepts the same in the condition in which they now are, without representation or warranty, expressed or implied, in fact or by law, by the Lessor, and without recourse to the Lessor as to the title thereto, the nature, condition or usability thereof, or the uses to which the Premises may be put. By taking possession or commencing use of the Premises, Lessee (i) acknowledges that it is relying on its own inspections of the Premises and not on any representations from Lessor regarding the Premises; (ii) establishes conclusively that the Premises are at such time in satisfactory condition and in conformity with this Lease and all zoning or other governmental requirements in all respects; and (iii) accepts the Premises in its condition as of the Commencement Date on an “AS IS,” "WHERE IS," and "WITH ALL FAULTS" basis, subject to all faults and infirmities, whether now or hereafter existing. Nothing contained in this Section 8 affects the commencement of the term of the Lease or the obligation of Lessee to pay rent as provided above. Lessee represents and warrants to Lessor as follows: (i) Lessee does not intend to, and will not, use the Premises for any purpose other than as set forth in Section 2; (ii) Lessee has previously disclosed in writing to Lessor all special requirements (but Lessor shall have no responsibility relative to any such special requirement), if any, which Lessee may have in connection with this intended use; and (iii) Lessee has undertaken and has reasonably and diligently completed all appropriate investigations regarding the suitability of the Premises for Lessee’s intended use. Lessee shall comply with any covenants, conditions or restrictions now or hereafter affecting the Premises, and acknowledges that Lessor may place any covenants, conditions or restrictions of record affecting the Premises prior to or during the term of the Lease. In such event, this Lease will be subject and subordinate to all of the same without further action by either party, including, without limitation, the execution of any further instruments. Lessee acknowledges that Lessor has given material concessions for the acknowledgements and provisions contained in this Section 8, and that Lessor is relying on these acknowledgments and agreements and would not have entered into this Lease without such acknowledgements and agreements by Lessee. Packet Page 30 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 6 - B. If improvements are necessary for Lessee's use of the Premises, Lessee, at Lessee's sole cost and expense, shall, on or after the Commencement Date, construct and install such improvements to the Premises which are necessary for Lessee's use of the Premises and are acceptable to Lessor in Lessor's sole discretion ("Lessee Improvements"). The construction and installation of any Lessee Improvements shall be subject to Lessor's prior written approval of plans and specifications for such Lessee Improvements to be prepared by Lessee and submitted to Lessor for approval as set forth below, such approval to be in Lessor's sole and absolute discretion. Within forty-five (45) days after the Commencement Date, Lessee shall submit detailed plans and specifications, and the identity of Lessee's proposed general contractor for the Lessee Improvements for Lessor's review and approval. Lessor shall either approve or disapprove the plans and specifications and general contractor (in its sole and absolute discretion) by written notice delivered to Lessee within sixty (60) days after receipt of the same from Lessee. In the event of any disapproval, Lessor shall specify the reasons for such non-approval. If Lessor fails to deliver notice to Lessee of Lessor's approval or disapproval of the plans, specifications, and proposed general contractor within the time period discussed above, Lessee's plans, specifications and proposed contractor shall be deemed disapproved. If Lessor specifies objections to the plans and specifications or general contractor as herein provided and Lessor and Lessee are unable to resolve the objections by mutual agreement within a period of thirty (30) days from the date of delivery of written notice thereof, Lessee, as its sole remedy, to be exercised not later than ten (10) days after the expiration of said thirty (30) days period, may terminate this Lease by written notice to Lessor. Upon approval of the plans and specifications by Lessor, Lessor and Lessee shall sign the same, and they shall be deemed a part hereof. All Lessee Improvements shall be constructed and installed in accordance with the terms and conditions of Exhibit "B" attached to the Lease and all applicable terms and conditions of the Lease regarding alterations and improvements. Lessee shall not construct any other alteration or improvement to the Premises without Lessor's prior written consent. The Lessee Improvements constructed pursuant to the above provisions shall be owned by Lessee during the term of the Lease and removed from the Premises or surrendered to the Lessor pursuant to Section 20 below upon termination of this Lease. Section 9. Taxes and Utilities. A. In addition to Base Rent, Lessee shall pay all taxes, utilities, and other charges of every kind and character, whether foreseen or unforeseen, ordinary or extraordinary, which are attributable to the term of this Lease and may become due or levied against the Premises, against Lessee, against the busines s conducted on the Premises or against the Lessee Improvements placed thereon during the term hereof, even though such taxes, utilities or other charges may not become due and payable until after termination of this Lease provided; however, that Lessee shall only be responsible for the payment of property taxes levied against the Premises to the extent such taxes are separately assessed by the applicable taxing authority as a result of this Lease. Lessee agrees that Lessor shall not be required to furnish to Lessee any utility or other services. If this Lease is a transfer of an existing lease, Lessee must make arrangements with the present lessee for payment of any delinquent and current taxes, utilities, and other charges prior to taking possession. If such arrangements are not made, Lessee agrees to pay all such taxes, utilities, and other charges. If Lessor should make any such payments, Lessee shall promptly upon demand reimburse Lessor for all such sums. B. Should the Premises be subject to special assessment for public improvements in the amount of Five Hundred Dollars ($500.00) or less during any Lease Year, Lessee shall promptly reimburse Lessor the amount in full. Should the assessment exceed Five Hundred Dollars ($500.00) during any Lease Year then such excess shall be paid by Lessor, but the Base Rent herein shall be increased by an amount equal to twelve percent (12%) of such excess payable for each Lease Year such amounts are payable. Packet Page 31 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 7 - Section 10. Track Clearance. A. Lessee shall not place, permit to be placed, or allow to remain, any permanent or temporary material, structure, pole, or other obstruction within (i) 8½ feet laterally from the centerline of any of Lessor's Tracks on or about the Premises (nine and one-half (9-1/2) feet on either side of the centerline of any of Lessor's Tracks which are curved) or (ii) 24 feet vertically from the top of the rail of any of Lessor's Tracks on or about the Premises (“Minimal Clearances”); provided that if any law, statute, regulation, ordinance, order, covenant or restriction ("Legal Requirement") requires greater clearances than those provided for in this Section 10, then Lessee shall strictly comply with such Legal Requirement. However, vertical or lateral clearances which are less than the Minimal Clearances but are in compliance with Legal Requirements will not be a violation of this Section 10, so long as Lessee strictly complies with the terms of any such Legal Requirement and posts a sign on the Premises clearly noting the existence of such reduced clearance. Any such sign shall be painted with black and white reflective paint. B. Lessor's operation over any Lessor's Track on or about the Premises with knowledge of an unauthorized reduced clearance will not be a waiver of the covenants of Lessee contained in this Section 10 or of Lessor's right to recover for and be indemnified and defended against such damages to property, and injury to or death of persons, that may result therefrom. C. Lessee shall not place or allow to be placed any freight car within 250 feet of either side of any at - grade crossings on Lessor's Tracks. Section 11. Repairs; Maintenance. A. Lessee shall, at its sole expense, take good care of the Premises (including all Lessee Improvements) and shall not do or suffer any waste with respect thereto and Lessee shall promptly make all necessary or desirable Repairs to the Premises. The term "Repairs" means all reasonable repair and maintenance necessary to keep the Premises (including all Lessee Improvements) in good condition and includes, without limitation, replacements, restoration and renewals when necessary. Lessee shall keep and maintain any paved areas, sidewalks, curbs, landscaping, and lawn areas in a clean and orderly condition, and free of accumulation of dirt and rubbish. B. Lessor shall not have any liability or obligation to furnish or pay for any services or facilities of whatsoever nature or to make any Repairs or alterations of whatsoever nature in or to the Premises, including but not limited to structural repairs, or to maintain the Premises in any manner. Lessee acknowledges that Lessor shall have no responsibility for management of the Premises. Section 12. Safety; Dangerous and Hazardous Conditions. It is understood by Lessee that the Premises may be in dangerous proximity to railroad tracks, including Lessor's Tracks, and that persons and property, whether real or personal, on the Premises will be in danger of injury, death or destruction incident to the operation of the railroad, including, without limitation, the risk of derailment, fire, or inadequate clearance (including sight clearance or vision obstruction problems at grade crossings on or adjacent to the Premises), and Lessee accepts this Lease subject to such dangers, and acknowledges that its indemnification obligations hereunder extend to and include all such risks. Section 13. Indemnity. A. TO THE FULLEST EXTENT PERMITTED BY LAW, LESSEE SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LESSOR AND LESSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, Packet Page 32 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 8 - EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LEASE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS; (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LEASE; (iii) LESSEE'S OCCUPATION AND USE OF THE PREMISES; (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED IN WHOLE OR IN PART, BY LESSEE; OR (v) ANY ACT OR OMISSION OF LESSEE OR LESSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LESSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. B. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 13(A), LESSEE SHALL NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN “OWNER”, “OPERATOR”, “ARRANGER”, OR “TRANSPORTER” WITH RESPECT TO THE PREMISES FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LESSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LESSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LEASE SHALL NOT IN ANY WAY SUBJECT LESSOR TO CLAIMS THAT LESSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LESSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. C. TO THE FULLEST EXTENT PERMITTED BY LAW, LESSEE FURTHER AGREES, REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS’ LIABILITY ACT (“FELA”) WHENEVER EMPLOYEES OF LESSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. Packet Page 33 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 9 - D. Upon written notice from Lessor, Lessee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this Lease for which Lessee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Lessee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. Section 14. Equal Protection. It is agreed that the provisions of Sections 10, 12, and 13 are for the equal protection of other railroad companies, including, without limitation, the National Railroad Passenger Corporation (Amtrak), permitted to use Lessor's property, and such railroad companies shall be deemed to be included as Indemnitees under Sections 10, 12, and 13. Section 15. Assignment and Sublease. A. Lessee shall not (i) assign or otherwise transfer this Lease or any interest herein, or (ii) sublet the Premises or any part thereof, without, in each instance, obtaining the prior written consent of Lessor, which consent may be withheld in Lessor's sole and absolute discretion. For purposes of this Section 15, in the event that there are aggregate transfers or other changes in the ownership interests of Lessee resulting in a change of more than 20% of the ownership interests as held on the date hereof, a transfer shall be deemed to have occurred hereunder. Any person or legal representative of Lessee, to whom Lessee's interest under this Lease passes by operation of law, or otherwise, will be bound by the provisions of this Lease. B. Any assignment, lease, sublease or transfer made pursuant to Section 15(A) may be made only if, and shall not be effective until, the assignee cures all outstanding defaults of Lessee hereunder and executes, acknowledges and delivers to Lessor an agreement, in form and substance satisfactory to Lessor, whereby the assignee assumes the obligations and performance of this Lease and agrees to be personally bound by and upon all of the covenants, agreements, terms, provisions and conditions hereof on the part of Lessee to be performed or observed. Lessee covenants that, notwithstanding any assignment or transfer, whether or not in violation of the provisions of this Lease, and notwithstanding the acceptance of rent by Lessor from an assignee or transferee or any other party, Lessee will remain fully and primarily liable along with the assignee for the payment of the rent due and to become due under this Lease and for the performance of all of the covenants, agreements, terms, provisions, and conditions of this Lease on the part of Lessee to be performed or observed. Section 16. Liens. Lessee shall promptly pay, discharge and release of record any and all liens, charges and orders arising out of any construction, alterations or repairs, suffered or permitted to be done by Lessee on the Premises. Lessor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that failure of Lessor to take any such action shall not relieve Lessee of any obligation or liability under this Section 16 or any other Section of this Lease. Section 17. Insurance. Lessee shall, at its sole cost and expense, procure and maintain during the life of this Lease the following insurance coverage: Packet Page 34 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 10 - A. All risks property insurance covering all of Lessee’s property including property in the care, custody or control of Lessee. Coverage shall include the following: ♦ Issued on a replacement cost basis. ♦ Shall provide that in respect of the interest of Lessor the insurance shall not be invalidated by any action or inaction of Lessee or any other person and shall insure the respective interests of Lessor as they appear, regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee or any other person. ♦ Include a standard loss payable endorsement naming Lessor as the loss payee as its interests may appear. ♦ Include a waiver of subrogation in favor of Lessor. B. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and an aggregate limit of at least $ 2,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to, the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. C. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired D. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Lessee’s statutory liability under the worker’s compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. E. If construction is to be performed on the Premises by Lessee, Lessee or Lessee’s contractor shall procure Railroad Protective Liability insurance naming only the Lessor as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to include Evacuation Expense Coverage Endorsement. Packet Page 35 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 11 - ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Lessor prior to performing any work or services under this Lease Other Requirements: All policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Lessee agrees to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terms of the policy or through policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Lessee further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under Lessee's care, custody, or control. Lessee’s insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Railroad and Jones Lang LaSalle as additional insureds with respect to work performed under this Lease. Severability of interest and naming Railroad and Jones Lang LaSalle as additional insureds shall be indicated on the certificate of insurance. Lessee is not allowed to self-insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Lessee in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Lease, be covered by Lessee‘s insurance will be covered as if Lessee elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to accessing the Premises, Lessee shall furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy shall be furnished. Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best’s Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the Premises is located. Lessee represents that this Lease has been thoroughly reviewed by Lessee’s insurance agent(s)/broker(s), who have been instructed by Lessee to procure the insurance coverage required by this Lease. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. Packet Page 36 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 12 - If any portion of the operation is to be contracted by Lessee, Lessee shall require that the contractor shall provide and maintain insurance coverages as set forth herein, naming Railroad as an additional insured, and shall require that the contractor shall release, defend and indemnify Railroad to the same extent and under the same terms and conditions as Lessee is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this Section 17 shall entitle, but not require, Railroad to terminate this Lease immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Lessee's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Lessee shall not be deemed to release or diminish the liability of Lessee including, without limitation, liability under the indemnity provisions of this Lease. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. For purposes of this Section 17, Railroad shall mean “Burlington Northern Santa Fe Corporation”, “BNSF Railway Company” and the subsidiaries, successors, assigns and affiliates of each. Section 18. Water Rights and Use of Wells. This Lease does not grant, convey or transfer any right to the use of water under any water right owned or claimed by the Lessor which may be appurtenant to the Premises. All right, title, and interest in and to such water is expressly reserved unto Lessor, and the right to use same or any part thereof may be obtained only by the prior written consent of the Lessor. Lessee shall not use, install or permit to be installed or used any wells on the Premises without the prior written consent of Lessor. Section 19. Default. A. An "Event of Default" by Lessee shall have occurred hereunder if any of the following shall occur: (i) if Lessee violates any safety provision contained in this Lease; (ii) if Lessee fails to pay rent or any other monetary payment hereunder when due or fails to perform any other obligations under this Lease and such failure continues thirty (30) days after written notice from Lessor to Lessee of Lessee's failure to make such payment or perform such obligations; (iii) if a decree or order of a court having jurisdiction over the Premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Lessee or over all or a substantial part of the property of Lessee shall be entered; or if Lessee becomes insolvent or makes a transfer in fraud of creditors; or an interim receiver, trustee or other custodian of Lessee or of all or a substantial part of the property of Lessee shall be appointed or a warrant of attachment, execution, or similar process against any substantial part of the property of Lessee shall be issued and any such event shall not be stayed, dismissed, bonded or discharged within thirty (30) days after entry, appointment or issuance; (iv) if the Premises is abandoned or vacated by Lessee. B. If an Event of Default occurs as provided above, Lessor may, at its option, (i) terminate this Lease by serving five (5) days notice in writing upon Lessee, in which event Lessee shall immediately surrender possession of the Premises to Lessor, without prejudice to any claim for arrears of rent or breach of Packet Page 37 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 13 - covenant, (ii) proceed by appropriate judicial proceedings, either at law or in equity, to enforce performance or observance by Lessee of the applicable provisions of this Lease or to recover damages for a breach thereof, (iii) cure the default by making any such payment or performing any such obligation, as applicable, at Lessee's sole expense, without waiving or releasing Lessee from any obligation, or (iv) enter into and upon the Premises or any part thereof and repossess the same without terminating the Lease and, without obligations to do so relet the Premises or any part thereof as the agent of Lessee and in such event, Lessee shall be immediately liable to Lessor for all costs and expenses of such reletting, the cost of any alterations and repairs deemed necessary by Lessor to effect such reletting and the full amount, if any, by which the rentals reserved in this Lease for the period of such reletting exceeds the amounts agreed to be paid as rent for the Premises for the period of reletting. The foregoing rights and remedies given to Lessor are and shall be deemed to be cumulative and the exercise of any of them shall not be deemed to be an election excluding the exercise by Lessor at any time of a different or inconsistent remedy. If, on account of breach or default by Lessee of any of Lessee's obligations hereunder, it shall become necessary for the Lessor to employ an attorney to enforce or defend any of Lessor's rights or remedies hereunder, then, in any such event, any reasonable amount incurred by Lessor for attorneys' fees shall be paid by Lessee. Any waiver by Lessor of any default or defaults of this Lease or any delay of Lessor in enforcing any remedy set forth herein shall not constitute a waiver of the right to pursue any remedy at a later date or terminate this Lease for any subsequent default or defaults, nor shall any such waiver in any way affect Lessor's ability to enforce any Section of this Lease. The remedies set forth in this Section 19 shall be in addition to, and not in limitation of, any other remedies that Lessor may have at law or in equity, and the applicable statutory period for the enforcement of a remedy will not commence until Lessor has actual knowledge of a breach or default. Section 20. Termination. Upon the termination of Lessee's tenancy under this Lease in any manner herein provided, Lessee shall relinquish possession of the Premises and shall remove any Lessee Improvements, and restore the Premises to substantially the state and environmental condition in which it was prior to Lessee's use ("Restoration Obligations"). If Lessee shall fail within thirty (30) days after the date of such termination of its tenancy to complete the Restoration Obligations, then Lessor may, at its election (i) either remove the Lessee Improvements or otherwise restore the Premises, and in such event Lessee shall, within thirty (30) days after receipt of bill therefor, reimburse Lessor for cost incurred, (ii) upon written notice to Lessee may take and hold any Lessee Improvements and personal property as its sole property, without payment or obligation to Lessee therefor, or (iii) specifically enforce Lessee's obligation to restore and/or pursue any remedy at law or in equity against Lessee for failure to so restore. Further, in the event Lessor has consented to Lessee Improvements remaining on the Premises following termination, Lessee shall, upon request by Lessor, provide a Bill of Sale in a form acceptable to Lessor conveying such Lessee Improvements to Lessor. Section 21. Survival of Obligations. Notwithstanding any expiration or other termination of this Lease, all of Lessee's indemnification obligations and any other obligations that have accrued but have not been satisfied under this Lease prior to the termination date shall survive such termination. Section 22. Holding Over. If Lessee fails to surrender the Premises to Lessor upon the termination of this Lease, and Lessor does not consent in writing to Lessee's holding over, then such holding over will be deemed a month-to-month tenancy. Lessee's holdover will be subject to all provisions of this Lease. Packet Page 38 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 14 - Section 23. Multiple Party Lessee. In the event that Lessee consists of two or more parties, all the covenants and agreements of Lessee herein contained shall be the joint and several covenants and agreements of such parties. Section 24. Damage or Destruction. If at any time during the term of this Lease, the Premises are damaged or destroyed by fire or other casualty, then Lessor may terminate this Lease or repair and reconstruct the Premises to substantially the same condition in which the Premises existed immediately prior to the damage or destruction, except that Lessor is not required to repair or reconstruct any Lessee Improvements, personal property, furniture, trade fixtures, or office equipment located on the Premises and removable by Lessee under the provisions of this Lease. Section 25. Eminent Domain. If any part of the Premises is taken by eminent domain, Lessor may either terminate this Lease or continue the Lease in effect. If Lessor elects to continue the Lease, rent will be reduced in proportion to the area of the Premises taken by eminent domain, and Lessor shall repair any damage to the Premises resulting from the taking. All sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee, whether as damages or as compensation, will be the property of Lessor; without prejudice, however, to claims of Lessee against the condemning authority for moving costs and the unamortized cost of leasehold improvements paid for by Lessee taken by the condemning authority. If this Lease is terminated under this Section 25, rent will be payable up to the date that possession is taken by the condemning authority, and Lessor shall refund to Lessee any prepaid unaccrued rent less any sum then owing by Lessee to Lessor. Section 26. Representations. Neither Lessor nor Lessor's agents have made any representations or promises with respect to the Premises except as herein expressly set forth. Section 27. Signs. No signs are to be placed on the Premises without the prior written approval of Lessor of the size, design, and content thereof. Section 28. Consents and Approvals. Whenever in this Lease Lessor's consent or approval is required, such consent or approval shall be in Lessor's sole and absolute discretion. If Lessor delays or refuses such consent or approval, such consent or approval shall be deemed denied, and Lessee in no event will be entitled to make, nor will Lessee make, any claim, and Lessee hereby waives any claim, for money damages (nor will Lessee claim any money damages by way of set-off counterclaim or defense) based upon any claim or assertion by Lessee that Lessor unreasonably withheld or unreasonably delayed its consent or approval. Section 29. Captions. The captions are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Lease nor the intent of any provision thereof. Packet Page 39 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 15 - Section 30. Public Record. It is understood and agreed that this Lease shall not be placed of public record. Section 31. Governing Law. All questions concerning the interpretation or application of provisions of this Lease shall be decided according to the laws of the state in which the Premises are located. Section 32. No Waiver. One or more waivers of any covenant, term, or condition of this Lease by Lessor shall not be construed as a waiver of a subsequent breach of the same covenant, term, or condition. The consent or approval by Lessor to or of any act by Lessee requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 33. Binding Effect. All provisions contained in this Lease shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of Lessor and Lessee to the same extent as if each such successor and assign was named a party to this Lease. Section 34. Force Majeure. Except as may be elsewhere specifically provided in this Lease, if either party is delayed or hindered in, or prevented from the performance required under this Lease (except for payment of monetary obligations) by reason of earthquakes, landslides, strikes, lockouts, labor troubles, failure of power, riots, insurrection, war, acts of God or other reason of the like nature not the fault of the party delayed in performance of its obligation, such party is excused from such performance for the period of delay. The period for the performance of any such act will then be extended for the period of such delay. Section 35. Entire Agreement/Modification. This Lease is the full and complete agreement between Lessor and Lessee with respect to all matters relating to lease of the Premises and supersedes any and all other agreements between the parties hereto relating to lease of the Premises. If this Lease is a reissue of an existing agreement held by Lessee, it shall supersede and cancel the previous lease or leases, without prejudice to any liability accrued prior to cancellation. This Lease may be modified only by a written agreement signed by Lessor and Lessee. Section 36. Notices. Any notice or documents required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given or shall be deemed to have been served and given if (i) delivered in person to the address hereinafter set forth for the party to whom the notice is given, (ii) placed in the United States mail, certified - return receipt requested, addressed to such party at the address hereinafter set forth, or (iii) deposited into the custody of any reputable overnight carrier for next day delivery, addressed to such party at the address hereinafter set forth. Any notice mailed as above shall be effective upon its deposit into the custody of the U. S. Postal Service or such reputable overnight carrier, as applicable; all other notices shall be effective upon receipt. All rent and other payments due to Lessor hereunder shall also be made as provided in Section 3(A) above, and delivery of such rental and other payments shall only be effective upon actual receipt by Lessor. From time to time either party may designate another address or telecopy number within the 48 Packet Page 40 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 16 - contiguous states of the United States of America for all purposes of this Lease by giving the other party not less than fifteen (15) days' advance written notice of such change of address in accordance with the provisions hereof. If to Lessee: City of Edmonds Parks and Recreation Department 700 Main Street Edmonds, WA 98020 If to Lessor: BNSF Railway Company 2500 Lou Menk Drive, AOB-3 Fort Worth, Texas 76131-2828 Attn: Senior Manager – Real Estate With a copy to: Jones Lang LaSalle 3017 Lou Menk Drive, Suite 100 Fort Worth, Texas 76131-2800 Attn: Director – Leases and Permits Section 37. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this Agreement may also be exchanged via electronic facsimile machines and any electronic facsimile of any party's signature shall be deemed to be an original signature for all purposes. Section 38. Relationship. Notwithstanding anything else herein to the contrary, neither party hereto shall be construed or held, by virtue of this Lease, to be the agent, partner, joint venturer, or associate of the other party hereto, it being expressly understood and agreed that the relationship between the parties hereto is and at all times during the term of this Lease, shall remain that of Lessor and Lessee. Section 39. Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws effective during the term of this Lease, then and in that event, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby, and it is also the intention of the parties to this Lease that in lieu of each clause or provision of this Lease that is illegal, invalid or unenforceable, there be added, as a part of this Lease, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Packet Page 41 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 17 - Section 40. Transferability; Release of Lessor. Lessor shall have the right to transfer and assign, in whole or in part, all of its rights and obligations under this Lease and in the Premises, and upon such transfer, Lessor shall be released from any further obligations hereunder, and Lessee agrees to look solely to the successor in interest of Lessor for the performance of such obligations. Section 41. Tax Waiver. Lessee waives all rights pursuant to all Laws to protest appraised values or receive notice of reappraisal regarding the Premises (including Lessor's personalty), irrespective of whether Lessor contests the same. Section 42. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to any relief to which it may be entitled. Executed by the parties to be effective as of the Effective Date above. LESSOR BNSF Railway Company By: Name: _____________________ Title: __________________________ LESSEE City of Edmonds By: Name: Title: Packet Page 42 of 352 EXHIBIT "A" PREMISES Packet Page 43 of 352 1 EXHIBIT "B" WORK LETTER AGREEMENT THIS WORK LETTER AGREEMENT (the "Agreement") supplements that certain Indefinite Term Lease for Land ("Lease") dated September 15, 2011 by and between BNSF Railway Company, a Delaware corporation ("Lessor") and City of Edmonds, a ("Lessee"). In the event of any conflict between the provisions of this Agreement and the provisions of the Lease, the provisions of this Agreement shall control. Unless the context otherwise requires, capitalized terms not defined herein shall have the meaning assigned to such terms in the Lease. In the event Lessee uses one or more general contractors or subcontractors ("Contractor(s)") for any improvements, alterations, build out, finish out, or other similar work on the Premises ("Work"), Lessee agrees to and accepts the following: 1. Prior to performing any Work, Lessee shall obtain Lessor's approval of each Contractor and any Work to be performed by such Contractor shall be performed pursuant to a written contract between Lessee and the Contractor ("Work Contract") approved in advance by Lessor. 2. Prior to commencing any Work, Lessee shall submit for Lessor's review and approval Lessee's plans, specifications and/or drawings for such Work (collectively, "Plans") in accordance with the procedure set forth in the Lease. 3. All Work must be performed at Lessee's sole cost and expense and in accordance with the Plans which have previously been approved by Lessor. 4. Lessee shall cause its Contractors to meet all insurance and indemnification requirements required of Lessee under the Lease and shall obtain indemnification and insurance provisions from its Contractors in favor of Lessor and in the same form as set forth in the Lease. 5. Prior to the commencement of the Work, all required local building, fire, health and other departments must approve all Plans requiring approval by local building codes. In addition, the Work shall be performed, installed and/or constructed in accordance with all applicable federal, state and local laws, codes, ordinances, rules and regulations, including without limitation, the Americans With Disabilities Act of 1990, 42 U.S.C.A. 12101 et seq. 6. Lessee shall be responsible for obtaining all municipal and other governmental licenses or permits for the Work with copies furnished to Lessor prior to commencement of any construction. 7. Lessee shall furnish Lessor, for Lessor's approval, a copy of its schedule of the Work. Lessee shall perform the Work in accordance with the schedule approved by Lessor, and any changes in such schedule must be approved by Lessor in writing in advance. 8. Notwithstanding the status of the completion of the Work, Lessee's obligation for payment of Base Rent and other amounts due under the Lease shall commence on the Commencement Date provided in the Lease. Notwithstanding anything herein to the contrary, Lessor may, in Lessor's sole discretion, permit Lessee and Lessee's Contractors to enter the Premises prior to the Commencement Date in order to commence Work; provided, however, that Lessee agrees that such early entry or occupation of the Premises shall be governed by all of the terms and conditions of the Lease and this Agreement (including the insurance and indemnity requirements therein), as such terms and conditions are more specifically set forth in the Lease and this Agreement. Packet Page 44 of 352 Law Department Approved BNSF - Indefinite Term Lease – Land Form 205; Rev. 04/26/05 - 2 - 9. During construction, Lessor reserves the right to inspect the Work at any time upon reasonable notice to Lessee. 10. Lessee's Contractors shall keep the Premises reasonably clean at all times during the performance of the Work. 11. All Work must be performed in a good and workmanlike manner, free from defects in materials and workmanship. 12. If any materialman's, mechanic's, laborer's or any other liens for any work claimed to have been undertaken for Lessee or at Lessee's request is filed against the Premises, Lessee shall indemnify, defend and hold harmless Lessor from any such liens filed during the term of the Lease and shall, at Lessee's own expense, cause all such liens to be removed within ten (10) days after written notice from Lessor to Lessee of the filing thereof. 13. Lessee must obtain Lessor's reasonable approval that the Work has been completed in substantial accordance with the approved plans and specifications. Lessor shall receive copies of all Certificates of Occupancy and as-built drawings (electrical, mechanical, fire and architectural) prior to approving the Work. 14 All guarantees and warranties provided by Lessee's Contractors shall be issued to Lessee and, for Work which is or will at the termination of this Lease be Lessor's property, also to Lessor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first set forth above. LESSOR: BNSF Railway Company By: Name: Title: LESSEE: City of Edmonds By: Name: Title: Packet Page 45 of 352 AM-4340   Item #: 1. C. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted For:Phil Williams, Public Works Director Submitted By:Carla Raymond Department:Public Works Committee:Community/Development Services Type:Action Information Subject Title Authorization for the Mayor to sign the Emergency Intertie Agreement between Seattle Public Utilities and the City of Edmonds. Recommendation from Mayor and Staff It is recommended that the committee approve placement of the agreement on the next City Council Consent Agenda. Previous Council Action N/A Narrative Seattle Public Utilities will deliver water to the Water Utility through service connection(s), which include the water meter and appurtenances ("Emergency Intertie"), as described below and as more particularly, including the location(s) and specific operating conditions in Exhibit I, a copy of which is attached and incorporated herein. Attachments Agreement Exhibit 1 to Agreement Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 03:26 PM Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Carla Raymond Started On: 11/03/2011 02:28 PM Final Approval Date: 11/03/2011  Packet Page 46 of 352 1 EMERGENCY INTERTIE AGREEMENT BETWEEEN SEATTLE PUBLIC UTILITIES AND CITY OF EDMONDS This Agreement is made and entered into this____ day of _____________, 20__ by and between the City of Seattle, a Washington municipal corporation, acting through its Seattle Public Utilities (“SPU”) and City of Edmonds, a Washington municipal corporation (“Water Utility”). WHEREAS, SPU and Water Utility each own and operate public water supply systems (“Water System”) within their respective service areas in accordance with the laws of the State of Washington; and WHEREAS, Water Utility has requested that SPU provide it with an emergency back-up water supply through an existing intertie connection between SPU’s and Water Utility’s Water Systems, which will increase reliability for operating Water Utility’s Water System during temporary periods when its Water System is impaired or disrupted; and WHEREAS, SPU agrees to use its best efforts to provide Water Utility an emergency back-up water supply under certain terms and conditions from its available existing sources of water supply. NOW THEREFORE, both parties agree as follows: 1. TERM: The initial term of this Agreement shall be for fifty (50) years commencing on January 1, 2012 and expiring on December 31, 2062. 2. DESCRIPTION OF EMERGENCY INTERTIE: SPU will deliver water to Water Utility through service connection(s), which include the water meter and appurtenances (“Emergency Intertie”), as described below and as more particularly described, including the location(s ) and specific operating conditions, in Exhibit I, a copy of which is attached and incorporated herein. Exhibit I may be revised in writing upon mutual agreement of the Director of SPU and the President of Water Utility, except that SPU may modify the minimum hydraulic gradient once during any fifteen (15) year period upon four (4) Packet Page 47 of 352 2 years’ advance written notice, unless a shorter notice is agreed to by Water Utility. SPU Facilities include: the outlet from the supply pipeline, the pipeline from the outlet to the meter vault, and the meter vault and its contents. Water Utility Facilities include: everything past the external wall of the meter vault. SPU will provide water for use at the Emergency Intertie at any time except as otherwise allowed by the terms of this Agreement. 3. USE OF EMERGENCY INTERTIE: Water Utility’s use of the Emergency Intertie is limited to temporary, emergency backup water supply for up to one week, unless SPU approves a longer period in writing, which will not be unreasonably withheld. The parties agree that in the event a substantially longer period is approved, the Director of SPU may require additional reasonable terms and conditions that will be in effect during the approved longer period. For the purposes of this Agreement, an emergency means an unforeseen event that causes damage or disrupts Water Utility’s normal operations of its Water System or requires immediate action to protect public health and safety, which includes fire flow purposes. 4. LIMITATIONS ON USE OF EMERGENCY INTERTIE: a. The Emergency Intertie may not be used to respond to routine or seasonal peak demands or water shortages. b. Before using the Emergency Intertie, Water Utility shall use best efforts to activate its own emergency sources of supply or alternative operations to cope with the emergency. c. SPU will provide water at the point of delivery in accordance with this Agreement during use of the Emergency Intertie as defined in Exhibit I, as revised from time to time. d. Water Utility will endeavor to not exceed flows defined in Exhibit I during use of the Emergency Intertie without specific written authorization by SPU. e. Water Utility may use up to the number of gallons of water per year through the Emergency Intertie identified in Exhibit 1 for administrative purposes only, such as hydrant or valve exercising/testing, flushing or other measures taken to maintain water quality, which is included as part of the Annual Fee (“Administrative Allowance”). The Director of SPU and the President of Water Utility may revise the Administrative Allowance in Exhibit I as necessary, upon mutual written agreement between the Director of SPU and President of Water Utility. Packet Page 48 of 352 3 f. Water Utility agrees and acknowledges that in the event of a general emergency or weather-related water shortage affecting SPU’s Water System, SPU may interrupt or reduce its deliveries of water to its wholesale customers (except for fire protection), including Water Utility under this Agreement. g. Water Utility agrees and acknowledges that in the event of a general emergency or weather-related water shortage affecting SPU’s Water System or the region, SPU may implement emergency water use curtailment measures that impact Water Utility’s retail customers’ use of water in accordance with its Water Shortage Contingency Plan or other necessary action. Water Utility will assist and support any emergency curtailment measures that are implemented and related to use of the Emergency Intertie. h. Water Utility agrees and acknowledges that SPU may temporarily interrupt use or reduce availability of water through the Emergency Intertie if SPU determines that the interruption or reduction is necessary or reasonable in case of a localized or SPU Water System emergency or in order to perform any required maintenance, improvement, repair, inspection or testing of SPU’s Water System. Except in cases of emergency affecting SPU’s Water System, SPU will provide Water Utility reasonable notice of any temporary interruptions or reductions and will endeavor to minimize interruptions and reductions of water available through the Emergency Intertie, especially when the Emergency Intertie is in active use by Water Utility. In the case of emergency, SPU will provide Water Utility notice as soon as practicable. 5. NOTIFICATION: Whenever general notice is required or prudent under this Agreement, notice shall be giving to the following representatives, which may be amended in writing: SPU: Water Utility: Wholesale Contracts Manager Public Works Director PO Box 34018 7110 21oth SW Seattle, WA 98124-4018 Edmonds, WA 98026 206-733-9815 425-771-0235 Email: first name.last name@seattle.gov Email: Phil.Williams@ci.edmonds.wa.us a. Water Utility will verbally notify SPU Operations Control Center at 206-386-1818 whenever the Emergency Intertie is used for emergency use. Water Utility will endeavor Packet Page 49 of 352 4 to notify SPU within 1 hour after the use of the Emergency Intertie begins, or as soon as practicable, and will state the nature of the emergency and estimated/actual duration. b. Water Utility will send written notice to SPU Wholesale Contracts Manager at the address above within 10 days after each use of the Emergency Intertie, in a form acceptable to SPU, stating the duration and estimated quantity of water use. 6. WATER QUALITY: SPU will provide water to the point of delivery that meets all state and federal drinking water standards and shall be of the same standard and quality as that normally delivered by SPU to its retail and wholesale customers. Water Utility acknowledges and agrees that because the Emergency Intertie is used intermittently, it may result in water being stagnant at the point of delivery for periods of time that may affect water quality. Water Utility is solely responsible for implementing operational best practices, such as flushing the service connection, prior to use of the Emergency Intertie for potable or other use. Water Utility is solely responsible for compliance with all applicable local, state and federal drinking water quality laws and regulations within its Water System. 7. INTERTIE MAINTENANCE: Each utility shall be responsible for maintenance of their portion of the Emergency Intertie as described in Section 2 of this Agreement as SPU and Water Utility Facilities respectively. 8. METER EQUIPMENT: SPU shall own, maintain and pay the cost of the metering equipment for the Emergency Intertie, including periodic inspection and testing. If Seattle changes the location of the intertie connection to Water Utility for Seattle’s benefit, then Seattle shall pay the cost of constructing a new wholesale meter installation at the new location. If Water Utility requests the change in location, then Water Utility shall pay the cost of the new connection. 9. EMERGENCY INTERTIE FEES: Water Utility will pay the following charges within 30 days of an invoice from SPU: a. An Annual Fee, paid in advance by January 1 of each calendar year, which covers SPU’s expenses to administer this Agreement and the Administrative Allowance for Water Utility under Section 4.e and Exhibit 1 of this Agreement. The Director of SPU may revise the Annual Fee reasonably to account for any change in the Administrative Allowance mutually agreed under Section 4.e above. Each year during the term of this Agreement, the Director of SPU may revise the Annual Fee by the same percentage as the change in the average of the Peak and Off-Peak Commodity Charge Rates from the Packet Page 50 of 352 5 prior year to the current year then in effect for wholesale customers under Seattle Municipal Code Section 21.04.440.E.2, as it may be amended from time to time. The initial Annual Fee due January 1, 2012 is $4214. SPU will provide 30 days’ written notice of any subsequent revisions to the Annual Fee, which will become incorporated herein by this reference at the time the revised Annual Fee becomes effective. b. A Commodity Charge for the metered amount of water used through the Emergency Intertie minus the Administrative Allowance at the then applicable average of the Peak and Off-Peak Commodity Charge Rates in effect for wholesale customers under Seattle Municipal Code Section 21.04.440.E.2, as it may be amended from time to time, plus any emergency surcharge, if applicable generally to the wholesale customers at that time. c. A one-time transaction fee of $1500 is due January 1, 2012. d. Any late payment will accrue interest at 1% per month. 10. LIMIT OF LIABILITY: Water Utility understands and agrees that SPU obligations under this Agreement are subject to the limitations herein. SPU shall not be held liable, under any circumstances, for loss or damage from a deficiency or failure to supply water caused by an emergency, unforeseen event, or for any other reason allowed under this Agreement. 11. TERMINATION: Water Utility may terminate this Agreement at any time upon twelve (12) months’ written notice to SPU. SPU may terminate this Agreement upon sixty (60) days’ written notice to Water Utility that it has materially breached this Agreement and does not cure the material breach within the 60-day cure period, or a longer time period as SPU may approve in writing if Water Utility is making substantial progress towards curing the material breach. In the event of termination under this provision, Water Utility will be responsible for any reasonable costs SPU incurs to disconnect or remove the service connection as may be required by industry or SPU operating practices then in effect. 12. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, the parties agree to negotiate in good faith to resolve the dispute within 90 days. Unless the parties agree to a longer time, if the dispute remains unresolved after 90 days, the parties agree to try in good faith to settle it by mediation before resorting to arbitration, litigation or some other legal dispute resolution procedure. Venue and jurisdiction shall lie in the King County Superior Court for the State of Washington in Seattle. Packet Page 51 of 352 6 13. MISCELLANEOUS. This Agreement represents the entire agreement between the parties concerning the subject matter. This agreement shall be interpreted in accordance with the laws of the State of Washington. This agreement will inure to the benefit of and be binding upon the parties and their successors and assigns. If any of this Agreement or its application is determined by a court of law to be illegal, invalid, or void without rendering performance of this Agreement impossible or infeasible, then the Parties intend that the validity of the remaining provisions of this Agreement or their application shall not be affected and shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereby execute this Agreement. WATER UTILITY: BY: ______________________________________________ TITLE:____________________________________________ DATE __________________ THE CITY OF SEATTLE: BY: _____________________________________ Director, Seattle Public Utilities DATE:____________________________________ EXHIBIT I: Packet Page 52 of 352 EXHIBIT I SERVICE CONNECTIONS, MINIMUM HYDRAULIC GRADIENTS, MAXIMUM AND MINIMUM FLOW RATES, AND ANNUAL ADMINISTRATIVE ALLOWANCE OF WATER SUPPLIED SERVICE CONNECTION MINIMUM HYDRAULIC GRADIENT FOR PLANNING PURPOSES AT STATION UPSTREAM OF METER (FEET NAVD-88 Datum) MAXIMUM FLOW RATE UP TO WHICH THE MINIMUM HYDRAULIC GRADIENT APPLIES (gpm) MINIMUM FLOW RATE (gpm) ANNUAL ADMINISTRATIVE ALLOWANCE LOCATION STATION NUMBER SIZE OF METER (IN.) METER TYPE/ OPERATING . RANGE Fremont Ave. N. & N. 205th St. 110 10” FM-CT 560 3,000 5 100 ccf TOTAL: 3,000 Packet Page 53 of 352 AM-4331   Item #: 1. D. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted For:Pam Lemcke Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Authorization for Mayor to sign Addendum No. 1 to the Professional Services Agreement with CHS Engineers, LLC. Recommendation from Mayor and Staff Forward this item to the consent agenda for approval at the November 15, 2011 Council meeting. Previous Council Action On November 3, 2008, Council authorized Staff to advertise a Request for Qualifications (RFQ) for design services for the Sewer Lift Stations Rehabilitation Project. On July 21, 2009 Council authorized the Mayor to sign a professional services agreement with CHS Engineers, LLC for design services for the Sewer Lift Stations Rehabilitation Project. Narrative The 2006 Sanitary Sewer Comprehensive Plan identified the need to refurbish and upgrade nine existing sewer lift (pump) stations constructed in the 1960's and 1970's as part of the City’s 6-year Capital Improvement Program. The existing mechanical and electrical equipment that operate these stations are obsolete and need to be replaced to prevent pump failures, reduce the risk of sewage overflows and reduce maintenance costs. The piping and ventilation will also be upgraded to improve the operation of the lift stations. The design work included the following elements: 1) Electrical; 2) System Analysis and Sizing; 3) Mechanical; 4) Ventilation; and 5) Operations and Maintenance. This project is funded by the City's sewer utility fund Fund 412-300. Addendum No. 1 provides professional services for additional design work, right of way support, bidding phase and construction services. The project is 95% designed and the consultant is close to completing the final construction documents so the project can be advertised for construction bids. Additional design budget is needed to complete this work because several work items were required by the consultant that were not in the original scope of work. The additional work is listed under Task 1 in Exhibit A.  Construction support services will be needed during construction of the nine sewer lift stations. The services include the review of shop drawings, RFI's, inspection, change order preparation, operation and maintenance manuals, commissioning and testing of each lift station and completion of as-built drawings. Several engineers will be providing this support during the project including civil, structural, geotechnical, electrical and programming engineers. The total cost of Addendum No. 1 is $411,400 and will be funded by the 412-300 Sewer Utility Fund. The project is anticipated to begin construction in 2012 and continue through 2013.  Attachments Exhibit A - Addendum No. 1 Form Review Inbox Reviewed By Date Engineering Megan Cruz 11/04/2011 07:36 AM Public Works Phil Williams 11/04/2011 08:35 AM City Clerk Sandy Chase 11/04/2011 08:50 AM Mayor Mike Cooper 11/04/2011 08:53 AM Final Approval Sandy Chase 11/04/2011 08:56 AM Packet Page 54 of 352 Final Approval Sandy Chase 11/04/2011 08:56 AM Form Started By: Megan Cruz Started On: 11/02/2011 02:07 PM Final Approval Date: 11/04/2011  Packet Page 55 of 352 Packet Page 56 of 352 Packet Page 57 of 352 Packet Page 58 of 352 Packet Page 59 of 352 Packet Page 60 of 352 Packet Page 61 of 352 Packet Page 62 of 352 Packet Page 63 of 352 AM-4328   Item #: 1. E. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted For:Mike De Lilla Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Authorization to approve a sewer and storm easement for installation of a sewer main for the 2012 Sewerline Replacement Project. Recommendation from Mayor and Staff Forward this item to the consent agenda for approval at the November 15, 2011 Council meeting. Previous Council Action None. Narrative The Beach Place site, that will be part of the 2012 Sewerline Replacement Project, requires that a sewer main easement be granted by the Port of Edmonds to allow for the replacement of a new sewer main. The easement was needed because the proposed sewer main will need to cross property that is jointly owned by the Port of Edmonds and the City of Edmonds. The property is the parking lot located at the NW corner of Railroad Avenue and W Dayton Street. The Port of Edmonds was contacted and the Port Commissioners granted the easement to the City. The document was then signed by Executive Director Robert E. McChesney and delivered to the City. (See Exhibit A for easement documents and easement limits.) Attachments Exhibit A - Easement Form Review Inbox Reviewed By Date Engineering Robert English 11/03/2011 06:40 AM Public Works Phil Williams 11/03/2011 07:55 AM City Clerk Sandy Chase 11/03/2011 08:00 AM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Megan Cruz Started On: 11/02/2011 08:46 AM Final Approval Date: 11/03/2011  Packet Page 64 of 352 Packet Page 65 of 352 Packet Page 66 of 352 Packet Page 67 of 352 Packet Page 68 of 352 AM-4330   Item #: 1. F. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted For:Mike De Lilla Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Authorization to approve an easement for installation of watermain for the 2012 Waterline Replacement Project. Recommendation from Mayor and Staff Forward this item to the consent agenda for approval at the November 15, 2011 Council meeting. Previous Council Action None. Narrative The Hillcrest Lane site that will be part of the 2012 Waterline Replacement Project requires that a watermain easement be granted by various Edmonds homeowners to allow for the installation of a new watermain to replace one of the last steel pipe watermains. All seven (7) homeowners who held a stake in the easement area were contacted and have signed and approved the documents which will dedicate the easement to the City. (See Exhibit A for easement limits and Exhibit B for easement documents). Attachments Exhibit A-Easement Limits Exhibit B-Easements Form Review Inbox Reviewed By Date Engineering Robert English 11/03/2011 06:39 AM Public Works Phil Williams 11/03/2011 07:55 AM City Clerk Sandy Chase 11/03/2011 08:00 AM Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Megan Cruz Started On: 11/02/2011 09:42 AM Final Approval Date: 11/03/2011  Packet Page 69 of 352 MAIN ST SH E L L V A L L E Y R D HILLCREST PL20902 2091021113 21109 211052092020914 N Lot 7, AlderwoodManor No. 9 Easement EXHIBIT A Packet Page 70 of 352 Packet Page 71 of 352 Packet Page 72 of 352 Packet Page 73 of 352 Packet Page 74 of 352 Packet Page 75 of 352 Packet Page 76 of 352 Packet Page 77 of 352 AM-4338   Item #: 1. G. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted For:Robert English Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Authorization for Mayor to sign a Professional Services Agreement with Parametrix for design services with respect to the Main Street Decorative Lighting and Sidewalk Enhancements Project. Recommendation from Mayor and Staff Forward this item to the consent agenda for approval at the November 15, 2011 Council meeting. Previous Council Action On December 14, 2010, the CS/DS Committee recommended that the approval of the Request for Qualification be placed on the consent agenda for approval at the December 21, 2010 Council meeting. On December 21, 2010, the City Council authorized staff to advertise a Request For Qualification to select a consultant team to design the project.  Narrative In 2010, the City was successful in securing a $725,000 grant to add historic decorative street lighting and replace sidewalks, curb and gutter on Main Street between 5th and 6th Avenues. The grant is funded by the federal transportation enhancement program and a local match is not required. The project will install 11 new light poles and 4 decorative poles with artist made elements. Planter baskets will be hung from the new poles during the summer months. The new sidewalk will improve pedestrian safety by replacing sidewalk that has been displaced by existing street trees along the corridor. The existing street trees will be removed due to the damage they are causing to the surrounding infrastructure and replaced with new street trees that are better suited for this location.   Staff is currently pursuing additional work items to increase the scope of improvements within this corridor to enhance the project. The options include the addition of street furniture, a mid-block pedestrian crossing, fiber optic service, conversion of overhead power to underground and use of low impact stormwater devices and materials. Additional funding will be required for these improvements. The City received statement of qualifications from six consultants interested in designing the project.   Based on the qualifications and experience of each firm, three consultants were selected for an interview.   The City's selection panel chose the Engineering firm of Parametrix to complete the environmental and design phases.    In May of 2011, the City executed a contract in the amount of $39,749 with Parametrix to complete the preliminary design phase for the project.  The City held two meetings and received public comment and input on design elements from business and property owners.  The consultant used this input and created the attached conceptual drawing for the project.    The next phase of the project is to complete the environmental documentation, final design and bid documents so the project can be advertised for construction bids.  The consultant has prepared a preliminary scope of services to complete this work and the City is negotiating with the consultant to determine the fee for these services.   The environmental and design phases are scheduled in 2012 and it is anticipated that construction will begin in fall 2012.    Attachments Exhibit 1 - Parametrix Scope Exhibit 2 - Concept Drawing Packet Page 78 of 352 Exhibit 2 - Concept Drawing Form Review Inbox Reviewed By Date Engineering Megan Cruz 11/04/2011 07:41 AM Public Works Phil Williams 11/04/2011 08:48 AM City Clerk Sandy Chase 11/04/2011 08:50 AM Mayor Mike Cooper 11/04/2011 08:53 AM Final Approval Sandy Chase 11/04/2011 08:56 AM Form Started By: Megan Cruz Started On: 11/03/2011 11:02 AM Final Approval Date: 11/04/2011  Packet Page 79 of 352 City of Edmonds 234-3050-006 Final Design Services 1 November 2011 Main Street Improvements SCOPE OF WORK City of Edmonds Final Design Services INTRODUCTION The Main Street Improvements project generally consists of lighting, streetscape and Low Impact Development (LID) stormwater improvements on Main Street between 5th and 6th Avenue. This Scope of Work covers work activities associated with final design based on the 30% (conceptual) design developed during previous project work by Parametrix. Services to be performed by under this scope of work (SOW) include permitting and preparation of plans, specifications and cost estimates necessary to bid and construct the street improvements. Parametrix will be working with two subcontractors, Landau and SVR, on this project. Deliverables are detailed in this (main) scope and in the attached scopes from each of the two affiliate firms and are assumed to be a part of this scope of work. Task 01 – Meetings, Coordination, and Project Management Objective: Obtain project data, develop project schedule, monitor and manage subconsultants, scope, schedule and budget, and periodically meet with the City and other members of the design team to review project status. Activities: The following activities are associated with this task: Prepare a schedule showing proposed major tasks, meetings and review milestones. Schedule, prepare for, attend, and document the following meetings that will include the Consultant and the City, either in person or by conference call:  Kickoff design meeting  60% design review meeting  90% design review meeting  Utility coordination meeting  Up to two other meetings to review specific design elements or challenges  SEPA hearing Develop a standing agenda and coordinate weekly conference calls with City staff. Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). Prepare detailed monthly progress reports and progress billings and submit to the City for approval and payment. Packet Page 80 of 352 City of Edmonds 234-3050-006 Final Design Services 2 November 2011 Main Street Improvements Quality Assurance/ Quality Control Review: This work element is for QA/QC review of deliverables by a designated QA/QC staff member of the Parametrix team. The review will cover documents; reports; plans, specifications, and cost estimates; and pertinent information on an ongoing basis. The program entails the periodic review of study criteria, design, and assumptions, as well as concepts and presentation of product format; and assures that overall project objectives are being fulfilled. Change Management: The Project managers from the City and Parametrix are responsible for managing changes to the scope and schedule. The City is responsible for the authorization of any changes to the scope, budget, and/or schedule. Team members must ensure that work within their areas remains within the defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could cause a change in scope, personnel, cost, or schedule, team members must coordinate potential changes to the Project Manager as early as possible. The Project Managers will determine whether the potential change will lead to a change on scope, cost, or schedule. Verified changes will be communicated to project stakeholders. The Project Manager will be prepared or explain the effect of the change to the team, so schedules and budgets can be adjusted. Deliverables: The following deliverables will be prepared: Project Schedule (Gantt chart). Routine correspondence including monthly progress reports. Meeting agendas and notes. Assumptions: The following assumptions apply to this task: The duration of the project is estimated to be eleven months (November 2011 through September 2012). Meetings will be attended by the Project Manager (Bill Webb) and appropriate project staff. Task 02 – 60%, 90% and Final Plans, Specifications and Estimates Objective: Prepare 60%, 90 % and final plans, specifications and cost estimates. Final design will be based on the City-approved 30% (conceptual) design developed during the initial project phase. Activities: The following activities would be performed as part of this task: Coordinate with the City on design requirements for water utility improvements. Packet Page 81 of 352 City of Edmonds 234-3050-006 Final Design Services 3 November 2011 Main Street Improvements Prepare 60 percent complete plans that show plan and profile, typical sections, cuts and fills, streetscape features, alignment, and drainage facilities. Streetscape design will be conducted by Parametrix. Landscaping and drainage design will be performed by subconsultant (SvR). Plan sheets will contain plans and profile at a 1”= 10’ and 1” = 20’ scales. The 60 percent plans will consist of the following plan sheets (33 sheets total):  Cover Sheet with Vicinity and Location Map  Legend, Abbreviations and Notes  Existing Conditions, Survey Control and Notes  Site Preparation/Demolition/TESC  TESC Details  Detailed Paving Plans (1”= 10’, 3sheets)  Paving Profile – Main Street  Paving Profile – 6th Ave.  Typical Roadway Sections  Hardscape Layout Details (3 Sheets)  Site Furnishings Details  Utility Plan and Profile (PMX and SvR, 2 Sheets—drainage and water main)  Utility Details (PMX and SvR, 4 Sheets)  Channelization and Signing Plan  Channelization and Signing Details  Landscape Plan (SvR)  Landscape Details (SvR)  Irrigation Plan (SvR)  Irrigation Details (SvR  Illumination Plan  Illumination Details  Temporary Traffic Control Plans (Three phases, 3 sheets)  Temporary Traffic Control Details Prepare 60% complete Construction Cost Estimate. Prepare 60% (draft) Special Provisions. Prepare 90% complete plans incorporating comments to 60% design. Prepare 90% and final Construction Cost Estimate. Prepare 90% and final Contract Documents (Contract, Special Provisions, Cost Estimate). Submit 90% plans and Contract Documents to WSDOT for review and comment. Packet Page 82 of 352 City of Edmonds 234-3050-006 Final Design Services 4 November 2011 Main Street Improvements Perform drainage design per applicable City Stormwater management regulations including incorporating LID features where appropriate, and prepare a draft and final Stormwater Technical Memorandum (SvR). Preform geotechnical investigation and prepare draft and final Geotechnical Design Report (Landau). Deliverables: The following deliverables are associated with this task: Five hard copies and one pdf set of 60% Plans on 11x17, Draft Special Provisions and Cost Estimate Five hard copies and one pdf set of 90% Plans on 11x17 and Contract Documents (Contract, Special Provisions, and Cost Estimate) AutoCAD and pdf files of all drawings – provided on CD Five hard copies and one pdf set of 100% Plans on full sized sheets (sealed by Washington PE), and Contract Documents (Contract, Special Provisions, and Cost Estimate Draft and final stormwater technical memorandum in hard copy (5) and pdf format Draft and final geotechnical report in hard copy (5) and pdf format Assumptions: The following assumptions are associated with this task: Existing topographic survey will be provided in CADD by the City and may be supplemented under Task 05 as required. Existing utilities will be located by Parametrix. 30% design plans for the water main will be provided by the City. No right-of-way plans and easement exhibits will be required. Special Provisions and all drawings will follow WSDOT format. No retaining walls will be required. Parametrix will prepare the bid ready contract documents; legal documents will be provided by the City. 2010 WSDOT Specifications will be used. Special Provisions will follow WSDOT format. No significant changes will be made to the design developed at the 30 percent level. No traffic/level of service intersection analysis is included in the scope. All design work for relocating overhead utilities including drawings, specifications, and cost estimates, will be performed by others (Snohomish County PUD). Parametrix will incorporate the utility relocation design documents into the plan set and Contract Documents. Infiltration of stormwater into a trench located near the existing roadway centerline is feasible (approved 30% concept). Packet Page 83 of 352 City of Edmonds 234-3050-006 Final Design Services 5 November 2011 Main Street Improvements Stormwater Technical memorandum will meet City requirements for applicable Land Use Permit. Comparative cost estimates will be based on a combination of historical information on recent similar local projects, recent WSDOT bid tabs, and a more detailed analysis for the major components. Task 03 – Final Permits, Approvals and Utility Coordination Parametrix shall work with the City to execute a Categorical Exemption (CE) for the project to comply with the National Environmental Policy Act (NEPA). Details regarding the level of environmental documentation required for the project in compliance with NEPA and the State Environmental Policy Act (SEPA) are provided below. Objective: Assist the City in obtaining NEPA and SEPA approval, NPDES Construction Stormwater Permit, and overhead utility relocation agreement with Snohomish County PUD. Activities: The following activities will be performed: Parametrix shall conduct a site visit and prepare an Environmental Classification Summary (ECS) in pursuit of a NEPA CE. The ECS will require compliance with Section 106 of the national Historic Preservation Act (NHPA) and Section 7 of the Endangered Species Act (ESA). Prior to the preparation of any NEPA-related documentation, Parametrix shall contact WSDOT Highways and Local Programs (H&LP) office to confirm the proposed approach and submittal requirements. Section 7 ESA Compliance. Due to the location of the project site within an urban built environment, it is anticipated that ESA compliance will not require consultation with NOAA and USFWS, and that section 7 concurrence will be granted by WSDOT H&LP. Part 5 of the ECS shall be prepared to support of a No Effect Determination. Section 106 Cultural Resources Compliance has already been initiated and will be formalized in this task. It is anticipated that the project will qualify for a programmatic exemption from the Section 106 compliance process as listed in the WSDOT Local Agency Guidelines (LAG0 (M36- 63.01), section 24.81, Exemptions B-6, B-11, and B-12. Parametrix shall prepare responses for each question identified in the 15-question Environmental Classification Summary (ECS) form, consistent with Chapter 24 of the LAG. Supporting data and information will be utilized from existing aerial photographs, site photographs, Snohomish County and City of Edmonds GIS data, and the City of Edmonds Comprehensive Plan. It is assumed that the project will meet the conditions of a Programmatic CE as outlines in the Memorandum of Understanding between WSDOT and Federal Highway Administration (FHWA), and FHWA signature of the ECS will not be required. Coordinate with Snohomish County PUD and the City through the design to ensure a seamless process. Prepare a SEPA checklist for applicable Land Use Permit. Packet Page 84 of 352 City of Edmonds 234-3050-006 Final Design Services 6 November 2011 Main Street Improvements Prepare and submit application for NPDES Construction Stormwater Permit. Coordinate two (2) deviation letters with the City and WSDOT; these will include known deviations of lighting and parking strip width. Deliverables: The following deliverables are associated with this task: Stormwater Pollution Prevention Plan (SWPPP) Draft ECS form and attachments for City review Draft ECS form and attachments for H&LP review Final ECS Form and attachments for signature by the City and H&LP Completed NPDES permit application and advertisement for public notice Completed SEPA checklist and NEPA permit application Letters for City signature on two deviations from WSDOT specifications Assumptions: The following assumptions are associated with this task: Land Use Permit application will be prepared and submitted by City staff. No environmental investigations beyond a records search will be required. NPDES public notice will be published by City staff. NPDES permit fee will be paid by City. The project will meet the conditions of a Programmatic CE. Section 7 concurrence will be granted by WSDOT H&LP and preparation of a Biological Assessment and formal consultation will not be required. The project will meet the requirements of a Section 106 exemption and preparation of an APE and cultural resources survey will not be required. No formal Technical Deviation Reports are required by WSDOT. Task 04 – Community Involvement Support Objective: To assist the City with communication and resolution of issues involving and property owners. Activities: The following activities may be associated with this task: Attend up to four meetings with the community during the course of the project as determined by the City. Packet Page 85 of 352 City of Edmonds 234-3050-006 Final Design Services 7 November 2011 Main Street Improvements Provide meeting materials and presentations as requested at these meetings. Respond to comments and concerns as required. Deliverables: The following deliverables will be prepared: Meeting materials and written response to comments. Assumptions: The following assumptions apply to this task: Up to 2 staff will attend each meeting. In office support will also be provided. Context of the meetings will be determined by the City. However it is anticipated that meetings will be required at:  60% design  Selection of aesthetic media (e.g. bricks and pavers, etc.)  Evaluation of construction impacts, design of construction sequencing and to assist with evaluation on pedestrian access planning  Pre-bid/Final Design prior to construction Work under this task will require prior written authorization from the City. Task 05 – Survey Objective: Provide additional survey as needed Activities: The following activities may be associated with this task: Additional survey to supplement existing information as needed by the design team Deliverables: The following deliverables will be prepared: Updated survey maps Assumptions: The following assumptions apply to this task: Up to three days of field survey including office support are provided. Needs in excess of this must be authorized by the City. A minimum of one half day increments are assumed. Packet Page 86 of 352 City of Edmonds 234-3050-006 Final Design Services 8 November 2011 Main Street Improvements Task 06 – Directed Services Objective: Provide additional technical services as requested and authorized in writing by the City. Activities: The following activities may be associated with this task: To be determined Deliverables: The following deliverables will be prepared: Information associated with directed services. Assumptions: The following assumptions apply to this task: 10% of the cost of labor associated with Tasks 1, 2, 3, 4 and 5 may be provided under this task as shown in Budget Task 6. Work under this task will require prior written authorization from the City. Task 07 – Construction Management and Survey Objective: If requested as part of a separate or supplemental agreement, Parametrix will provide construction support throughout the project to respond to RFIs and will attend construction progress and coordination meetings as directed by City staff. Services may range from an on-call basis to complete construction documentation and administration. Construction assistance duties may include the following: Activities: The following activities may be associated with this task: Assist/ coordinate Pre-Bid conference Coordinate and review shop drawings and catalogue cuts with City staff Review material certifications and coordinate with City Staff Respond to RFIs from the Contractor and City Project Manager Provide construction engineering Site visits as requested by the City Provide Contractor’s request for changes Attend meetings as requested by the City and provide meeting minutes Packet Page 87 of 352 City of Edmonds 234-3050-006 Final Design Services 9 November 2011 Main Street Improvements Provide construction surveying and documentation, as requested by the City Provide construction administration Project close-out Deliverables: The following deliverables will be prepared: Five (5) copies of record drawings prepared to City standards 1 AutoCAD format digital CD of all construction and as-built plans; and 5 sets of half-size plans (11”x17”), 10 sets of full size plans (22”x34”) and 1 set of full size (22”x34”) Mylar Assumptions: The following assumptions apply to this task: Work budget will be negotiated later Construction surveying will be negotiated based on need at a later date Packet Page 88 of 352 1C1PROPOSED IMPROVEMENTSCONCEPT PLANPacket Page 89 of 352 AM-4310   Item #: 1. H. City Council Committee Meetings Date: 11/07/2011 Time:15 Minutes   Submitted For:Councilman Steve Bernheim Submitted By:Jana Spellman Department:City Council Committee:Community/Development Services Type:Information Information Subject Title Discussion regarding City polystyrene ban. Recommendation from Mayor and Staff Previous Council Action Narrative Attached is a draft ordinance prohibiting City government from purchasing or providing food in noncompostable packaging and requiring compliance by its tenants, and requiring food service businesses to dispose of food waste and compostable or recyclable carryout food packaging in recycle or compost bins. Attachment 1, Section 6.90.020A, B, C; 6.90.030. The proposed ordinance would not require food service businesses to abandon non-recyclable packaging. The proposed ordinance would not affect bulk sales of Styrofoam food containers, Section 6.90.020D, or prepackaged foods. Section 6.90.020E. Food services businesses would be required to offer on-site waste recycling service for waste disposal, if feasible. Section 6.90.040. Violations are infractions. Section 6.90.050. The proposed effective date is March 2012, but could be later, and waivers and extensions are available; an effective date of March 2013 is proposed for hot food and meat and fish containers. Section 6.90.060. Except that this proposal requires food service businesses only to offer recycle bins for recyclable products and food wastes – and does not require food businesses to use recycled food packaging products -  it is patterned after similar ordinances recently enacted in Issaquah. Attachment 2. Notes from a public hearing in Issaquah on the subject are available. Attachment 3. A summary of the Issaquah Council action is Attachment 4. A local editorial written after adoption of the ban is Attachment 5. “Facts” and Q&A concerning polystyrene from King County are attachments 6 and 7. Attachments Attach - 1 Draft government and food waste ord Attach - 2 City of Issaquah - Food Service Packaging Attach - 3 Summary of Issaquah styrofoam meetings Attach - 4 City Council votes to ban Styrofoam food packaging next year _ The Issaquah Attach - 5 Press Editorial _ The Issaquah Press - News Sports Classifieds in Issaquah Attach - 6 polystyrene facts Attach - 7 Excerpts from Seattle Q A (2 Form Review Packet Page 90 of 352 Inbox Reviewed By Date City Clerk Sandy Chase 11/02/2011 10:03 AM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Jana Spellman Started On: 10/27/2011 09:36 AM Final Approval Date: 11/03/2011  Packet Page 91 of 352 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW CHAPTER 6.90 FOOD PACKAGING IN THE EDMONDS CITY CODE TO PROHIBIT CERTAIN USES OF POLYSTYRENE AND NON- RECYCLABLE FOR DISPOSABLE FOOD PACKAGING AND TO REQUIRE INSTEAD THE USE OF RECYCLABLE OR COMPOSTABLE FOOD PACKAGING; PROVIDING FOR ENFORCEMENT; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds (the “City”) has a duty to protect the natural environment, the economy and the health of its citizens; and WHEREAS, the Washington State Legislature in RCW 70.95.010(8)(a) established waste reduction as the first priority for the collection, handling, and management of solid waste; and WHEREAS, in addition to waste reduction, the Washington State Legislature in RCW 70.95.010(8) also identified the following as priorities: recycling, avoiding excessive and nonrecyclable packaging of products, education so that people are informed of the need to reduce, source separate, and recycle solid waste, and government entities setting an example by implementing aggressive waste reduction and recycling programs at their workplaces and by purchasing products that are made from recycled materials and are recyclable; and WHEREAS, the Washington State Legislature in RCW 70.95.010(4) found that it is "necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility"; and WHEREAS, the Washington State Legislature in RCW 70.95.010(6)(c) found that it is the responsibility of city governments "to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source {BFP791064.DOC;1\00006.900000\ } - 1 - Packet Page 92 of 352 separation strategies"; and WHEREAS, the Edmonds City Council has continuously indentified sustainability as an important goal for the City; and WHEREAS, the use of polystyrene-based and non-recyclable or non-compostable food packaging and service ware serve a limited purpose that is disproportionately detrimental to the welfare of the environment; and WHEREAS, although polystyrene-based and non-recyclable or non-compostable food packaging and service ware are often used and disposed of in minutes or days, they take thousands of years to decompose, and lead to devastating effects such as pollution and harm to marine life, wildlife, and public health; and WHEREAS, there is no meaningful method of recycling polystyrene-based food packaging and service ware, however, there are alternative recyclable and compostable products that can serve the same purpose as polystyrene-based food packaging; and WHEREAS, polystyrene-based and non-recyclable or non-compostable food packaging and service ware represent an unnecessary use of a nonrenewable resource, especially when recyclable and compostable products represent a sustainable alternative; and WHEREAS, recyclable and compostable food packaging and service ware are considerably less damaging to the environment than polystyrene-based and non-recyclable or non-compostable food packaging and service ware; and WHEREAS, replacing the use of polystyrene-based and non-recyclable or non- compostable food packaging and service ware with those that are recyclable and compostable is recognized as a sustainable option to protect the environment and to conserve resources; and {BFP791064.DOC;1\00006.900000\ } - 2 - Packet Page 93 of 352 WHEREAS, recyclable and compostable food packaging and service ware are readily available for use by local businesses; and WHEREAS, the City recognizes the present economic difficulties faced by local businesses in making a transition to recyclable or compostable food packaging and service ware, and finds that an extended timeline for implementation of this Chapter is in the best interest of assisting with local efforts at financial recovery; and WHEREAS, it is the intent of the Edmonds City Council to reduce the negative impacts noted above through the implementation of this Ordinance; and WHEREAS, the Edmonds City Council finds that reduction in use of polystyrene-based and non-recyclable or non-compostable food packaging and service ware is in the best interest of public health, safety, and welfare, for the citizens of Edmonds and the environment; and WHEREAS, the Act below is in accordance with the following goals of the Edmonds Comprehensive Plan: Community Sustainability Element Climate Change Goal E, Community Health Goal E, and Environmental Quality Goal A; and the Utilities Element Goal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 6.90 entitled Food Packaging is hereby added to the ECC to read as follows: Chapter 6.90 6.90.010 Definitions. 6.90.020 Prohibition on use of polystyrene, nonrecyclable, and noncompostable disposable food service packaging and disposable food service ware. {BFP791064.DOC;1\00006.900000\ } - 3 - Packet Page 94 of 352 6.90.030 Recyclable or compostable disposable food service packaging and disposable food service ware required. 6.90.040 Requirement to enroll in a commercial food waste recycling service or keep containers for recyclable or compostable food packaging on premises for consumer use. 6.90.050 Enforcement and penalties. 6.90.060 Effective dates of this chapter. 6.90.070 Severability. 6.90.080 No conflict with federal or state law. 6.90.010 Definitions. A. “Mayor” means the Mayor of the City of Edmonds or designee. B. “City facility” means any building, structure, or vehicle owned or operated by the City of Edmonds. C. “Compostable” means made solely of organic substances where all the materials in the product or package will break down into, or otherwise become part of, usable compost (e.g., soil- conditioning material, mulch) in a safe and timely manner. D. “Disposable food service packaging” means all containers, clamshells, bowls, plates, trays, cartons, cups, lids, straws, utensils, napkins, and other items that are designed for use with food either on or off the food service business premises, including but not limited to packages for takeout foods and/or leftovers from food prepared by food service businesses. The term “disposable food service packaging” does not include items composed entirely of aluminum or polystyrene foam coolers and ice chests that are intended for reuse. E. “Disposable food service ware” means nonrecyclable or noncompostable: containers, plates, “clamshells,” trays, cups, and utensils that are made of plastic or plastic-coated paper and other nonrecyclable or noncompostable materials, and intended only for limited use (including so-called “biodegradable” products where any portion is not compostable). F. “Food” means food or beverages, which are served, packaged, cooked or uncooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared within the City of Edmonds for any persons, such as customers or consumers. {BFP791064.DOC;1\00006.900000\ } - 4 - Packet Page 95 of 352 G. “Food service business” means any restaurant, retail food seller, coffee shop, grocery store, vending truck or cart, business or institutional cafeteria, sales outlet, or other business, entity, or person selling or providing food to a consumer, whether the food is consumed on or off the premises, that is located or operating within the City of Edmonds, whether on a permanent or temporary basis. “Food service business” also includes any person who is the owner, manager, president or director of such business. H. “Person” means any individual, trust, firm, joint stock company, corporation, partnership, business, or association, including a government entity. I. “Polystyrene” means blown polystyrene and expanded and/or extruded foams (sometimes referred to as “Styrofoam,” a Dow Chemical Co. trademarked form of polystyrene foam insulation) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). J. “Recyclable” means made solely of materials that are capable of being separated from a waste stream by a food service business and made available for collection and delivery to a processor for reuse or remanufacture into the same or other products. 6.90.020 Prohibition on use of polystyrene, nonrecyclable, and noncompostable disposable food service packaging and disposable food service ware. A. Upon the effective date for mandatory compliance with this chapter set forth in ECC 6.90.060, food service businesses shall be prohibited from selling or providing, in connection with food service, polystyrene, nonrecyclable, or noncompostable food service packaging or disposable food service ware, except as hereinafter provided in subsections D and E of this section. B. Upon the effective date for mandatory compliance with this chapter set forth in ECC 6.90.060, City departments shall not purchase, acquire, or use polystyrene, nonrecyclable, or noncompostable disposable food service packaging or disposable food service ware in City facilities. {BFP791064.DOC;1\00006.900000\ } - 5 - Packet Page 96 of 352 C. Upon the effective date for mandatory compliance with this chapter set forth in ECC 6.90.060, any renter or lessee of a City- owned facility or City-owned property shall not use polystyrene, non-recyclable, or noncompostable disposable food service packaging or disposable food service ware on the premises of the rented or leased facility or property. D. While businesses are encouraged to refrain from the sale of polystyrene, nonrecyclable, or noncompostable disposable food service packaging or disposable food service ware, nothing in this chapter shall prohibit businesses or individuals from engaging in the direct sale, purchase, or possession of such items in prepackaged multiple quantities from a retail or wholesale merchant. E. Prepackaged soups and other foods that food service businesses sell or otherwise provide to their customers in polystyrene, nonrecyclable, or noncompostable disposable food service packaging or disposable food service ware that have been filled and sealed prior to receipt by the food service business shall be exempt from the requirements of this chapter. 6.90.030 Recyclable or compostable disposable food service packaging and disposable food service ware required. All food service businesses and City departments that are prohibited under this chapter from using or providing polystyrene, nonrecyclable or noncompostable food service packaging or disposable food service ware shall use a recyclable or compostable product. 6.90.040 Requirement to enroll in a commercial food waste recycling service or keep containers for recyclable or compostable food packaging on premises for consumer use. A. All food service businesses are required to utilize either a commercial food waste recycling service for compostable products and recyclable materials (such as the City’s solid waste management program) or, at a minimum, to provide at least 1 container for recycling or composting on site for consumers to dispose of food packaging that conforms to the requirements of this chapter. {BFP791064.DOC;1\00006.900000\ } - 6 - Packet Page 97 of 352 B. All food service businesses are prohibited from emptying or disposing of items in recycling or compost containers into trash bins, containers, or dumpsters not intended for recycling or compost. C. Existing food service businesses that do not have adequate storage space for compliance with either indoor or outdoor containers for recycling and/or composting may be exempt from the requirements of subsection A of this section if so determined by the Mayor or designee upon written request for an exemption. The Mayor or designee, in cases where space constraints are determined to exist, may require the evaluation of the feasibility of shared recycling or composting containers by contiguous businesses and/or structures. 6.90.050 Enforcement and penalties. A. Any person who violates the provisions of this chapter shall be cited and liable for a civil infraction; provided, however, that a written warning shall instead be issued to any person determined to be violating this chapter when such violation is the first instance of noncompliance known to the Mayor or designee. If, after issuing a written warning, the Mayor or designee becomes aware of subsequent noncompliance, he shall apply for or impose the sanctions described in this section. B. Any person who receives a citation for a violation of this chapter shall respond within 15 days from the date that notice of the infraction is signed and served upon the violator by the City Code Enforcement Officer. The issuance of an infraction by the City for a violation represents a determination that an infraction has been committed. A committed finding will be final if the violator does not respond as stated in this subsection. C. Any person who receives a citation for a violation of this chapter may respond either by paying the fine amount to the City as established by this section, or requesting a hearing with the Edmonds Municipal Court. D. If the infraction is found committed, either due to no response by the person cited, or a judicial determination that a violation has occurred by a preponderance of the evidence, then a person shall be punished with a fine of $150.00 for a first violation, and $300.00 for each subsequent violation committed within a calendar year. The existence of a prior written warning by the {BFP791064.DOC;1\00006.900000\ } - 7 - Packet Page 98 of 352 Mayor or designee shall not be considered a first violation for purposes of this section. 6.90.060 Effective dates of this chapter. A. All provisions of this chapter, except for ECC 6.90.020 through ECC 6.90.050, shall be effective upon adoption of this chapter. B. The provisions of ECC 6.90.020 through ECC 6.90.050 will be effective March 1, 2011, except as hereinafter provided for in subsections C through E of this section. C. A food service business may request a waiver from any part or all of the requirements in this chapter by filing a written request with the Mayor or designee. The food service business seeking the waiver must show that the application of this chapter would create an undue hardship or practical difficulty based on the factors set forth in subsection E of this section. The Mayor or designee may waive any specific requirement of this chapter for a period of time extending no later than March 1, 2012. The Mayor or designee’s decision to grant or deny a waiver, in whole or in part, shall be mailed to the applicant in writing, with a statement of the permitted waiver length, and shall be a final nonappealable decision. D. Prior to March 1, 2012, only the following items are exempt from the requirements of ECC 6.90.020 through ECC 6.90.050: containers and lids specifically designed and used for hot liquid-based food and beverages, utensils (knives, forks and spoons), and the sale of raw meat or raw seafood in any container by any food service business. Prior to March 1, 2012, public educational institutions are also exempt from the requirements of ECC 6.90.020 through ECC 6.90.050. E. The following factors should be considered by the Mayor or designee in granting or denying a waiver, in whole or in part, from the requirements of this chapter, as described in subsection C of this section: (1) the food service business seeking a waiver lacks the financial or other means to be in compliance with this chapter within a reasonable period of time; (2) the food service business seeking the waiver demonstrates, through due diligence, that particular products conforming to the requirements of this chapter are unavailable, pose recognized safety hazards, or will result in substantial financial harm; (3) the food service business seeking the waiver has maintained a business in Edmonds for less than one year. The factors listed herein are significant, but not intended to {BFP791064.DOC;1\00006.900000\ } - 8 - Packet Page 99 of 352 be the only considerations for the grant or denial of a waiver. The Mayor or designee should make a decision concerning a request for waiver based on the preference of assisting a food service business to achieve compliance with this chapter while balancing the economic vitality of the business and striving to reduce any financially detrimental impacts on the applicant. F. On March 1, 2012, all waivers and exemptions from the requirements of this chapter will terminate and become invalid; and all provisions of this chapter will be subject to implementation and enforcement. 6.90.070 Severability. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. 6.90.080 No conflict with federal or state law. Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. Section 2. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: {BFP791064.DOC;1\00006.900000\ } - 9 - Packet Page 100 of 352 {BFP791064.DOC;1\00006.900000\ } - 10 - BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 101 of 352 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2010, 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, ADOPTING A NEW CHAPTER 6.90 FOOD PACKAGING IN THE EDMONDS CITY CODE TO PROHIBIT CERTAIN USES OF POLYSTYRENE AND NON- RECYCLABLE FOR DISPOSABLE FOOD PACKAGING AND TO REQUIRE INSTEAD THE USE OF RECYCLABLE OR COMPOSTABLE FOOD PACKAGING; PROVIDING FOR ENFORCEMENT; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________,2010. CITY CLERK, SANDRA S. CHASE {BFP791064.DOC;1\00006.900000\ } - 11 - Packet Page 102 of 352 City of Issaquah - Food Service Packaging http://www.ci.issaquah.wa.us/Page.asp?NavID=2215[2/26/2010 2:57:19 PM] Back to Resource Conservation Office For the Home - Sustainable Living For The Business - Sustainable Business Food Service Packaging Garbage, Recycling, Yard & Food Waste Collection Hazardous Waste Landscape and Garden Salmon Friendly Commuting Sustainable Building Water Conservation Water Quality Pickering Garden Protecting Issaquah's Waterways Sustainable City Indicators Volunteer Opportunities zHome Bids/RFPs Staff Directory P.O. Box 1307 City Hall NW, 1775 - 12th Ave NW Issaquah, WA 98027 Phone: (425) 837-3400 Email: rco@ci.issaquah... [sitemap] [advanced search] CALENDAR OF: MEETINGS & EVENTS Today is: February 26, 2010 DAY WEEK MONTH Printer friendly version / Resource Conservation Office / For The Business - Sustainable Business / Food Service Packaging Food Service Packaging Requirements On Nov. 16, 2009, the Issaquah City Council adopted a new law to reduce landfill waste, litter and pollution by avoiding the use of disposable polystyrene and non- recyclable food service packaging. The law requires – through a phased approach – food service businesses (including restaurants, grocers, coffee shops and other food sellers) to only use recyclable or compostable food service containers and service ware. In addition, the law provides resources to support local businesses and an 18-month period to help businesses make the transition. Foods that are pre-packaged before they are received by a business are not included in this law. When does the new law take effect? The City is following a phased approach: January-October 2010 (Voluntary Phase): There are no mandatory requirements. The City will be assisting businesses with education, communications, customer awareness and incentives. October 2010-May 2011 (Phase 1): Polystyrene containers (sometimes called “Styrofoam”) are not allowed. Recyclable or compostable food service containers and service ware must be used. There will be exemptions, however, for hot containers/lids, utensils and raw meat trays. Business must also participate in a commercial composting program or provide compost containers onsite for consumer use. Businesses can request exemptions through a waiver process. Starting May 2011 (Phase 2): Polystyrene containers are not allowed. Recyclable or compostable food service containers and service ware must be used. Waivers will expire. To see the full timeline, click here or to download flyer click here . Why is the law phased? A phased approach: Provides time to support local businesses with technical assistance and resources to help defray costs and evaluate options. Allows the City Council’s Sustainability Committee to monitor the initial implementation, evaluate the process and, if needed, make adjustments. Packet Page 103 of 352 City of Issaquah - Food Service Packaging http://www.ci.issaquah.wa.us/Page.asp?NavID=2215[2/26/2010 2:57:19 PM] Feb 2010 S M T W T F S 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 27 28 98027 Conditions and Forecast Provides time to evaluate a possible purchasing cooperative among local businesses. Why require recyclable or compostable food service packaging? Non-recyclable and non-compostable food service packaging is often used and disposed of within minutes or days. It can take thousands of years to decompose, however, which has a negative impact on the environment. In addition, Issaquah aims to reduce landfill waste by composting as much food waste as possible. Using compostable packaging allows users to easily dispose of their food waste – and containers – all in one place. What else is the City doing to encourage recycling and composting? Issaquah has adopted aggressive waste prevention and recycling goals to divert up to 65 percent of waste sent to landfills. So far, the City’s efforts include: Offering a free “Sustainable Business Partnership” program – including technical assistance, employee training and incentives – to support Issaquah businesses that recycle food waste (and subsequently reduce their garbage disposal costs). Successfully reducing the environmental footprint of Salmon Days, in partnership with the Chamber Festivals Office, by helping to facilitate a polystyrene ban for the past two years. Hosting, in partnership with the Chamber of Commerce, a forum last July to help local businesses learn more about the options available for compostable food packaging. Additional compostable/recyclable packaging forums will be held in 2010. Recycling is available for Issaquah businesses at no charge. As part of their basic garbage service, businesses are provided with a recycling capacity of up to 200 percent of their garbage collection container size. Educating residents about composting and recycling options. Providing compost and recycling services to all Issaquah residents since 2005 and all Issaquah businesses since 2006. Where do I find more information on recyclable or compostable food service packaging? Contact the City’s Resource Conservation Office (RCO) at 425-837-3400 or by e-mail. Cedar Grove Organics Recycling services Aerial city photograph credit - Tim Heneghan HOME | TOP | WEBSITE HELP | ABOUT THIS SITE Printer friendly version If you have questions regarding the site, please contact the webmaster. Terms of Use | Built using Project A's Site-in-a-Box ©2010 Packet Page 104 of 352 City of Issaquah - Agendas & Minutes http://www.ci.issaquah.wa.us/Agendas.asp?AMID=2175[2/26/2010 3:19:32 PM] Back [sitemap] [advanced search] CALENDAR OF: MEETINGS & EVENTS Today is: February 26, 2010 DAY WEEK MONTH Feb 2010 S M T W T F S 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 27 28 98027 Conditions and Forecast Printer friendly version ARCHIVED - Council Sustainability Committee - Agenda Tuesday, August 18, 2009 Council Sustainability Committee Meeting Notes Committee Members: David Kappler, Chair (present) Maureen McCarry (present) Josh Schaer (present) August 18, 2009 5:30 – 6:45 PM Pickering Room, City Hall NW 1775 12th Avenue NW Staff Liaison: David Fujimoto, Resource Conservation Office Manager Others in Attendance: Larry McIntyre, American Chemistry Council Barry Brandt, Dart Container Dick Lilly, Seattle Public Utilities Heather Trim, People for Puget Sound Stan Phillips, Stan’s BBQ Tom Sessions, Chamber Government Affairs Committee Matthew Bott, Issaquah Chamber of Commerce Susan Boling, Reel Thing Productions Jeb Berrier Reel Thing Productions Susan Robinson, Waste Management Staff Support: David Fujimoto, Manager-Resource Conservation Office Micah Bonkowski, Resource Conservation Coordinator Meeting Notes (D)Polystyrene Food Packaging Agenda Bill Update Joshua Schaer, Council Member Staff provided an update on the Business Information Forum which was co- sponsored by the City and Chamber of Commerce and held on July 28. Staff reviewed the agenda as well as outreach to the business community through a direct mailing, web postings on both the City and Chamber sites, email distribution to Chamber members, hand distribution of flyers and personal phone calls. In addition, materials were collected and made available after the event with information posted online and samples and contact information available at Chamber offices. Council member Schaer provided an updated draft of the ordinance and reviewed changes. The Committee discussed modifications to the effective date, incorporation of recycling provisions, waiver processes and timelines for different types of packaging. Packet Page 105 of 352 City of Issaquah - Agendas & Minutes http://www.ci.issaquah.wa.us/Agendas.asp?AMID=2175[2/26/2010 3:19:32 PM] (I)City of Seattle Implementation Presentation by Seattle Public Utilities Dick Lilly, Business Area Manager with Seattle Public Utilities gave a presentation reviewing the City of Seattle’s polystyrene ordinance and its implementation. The Seattle ordinance is being implemented in two phases, with the initial polystyrene ban having gone into effect January 1. A major goal is to keep food waste, compostable paper and containers from going to the landfill. In addition, he discussed background and approach, business acceptance, costs, environmental benefits and other issues. The committee discussed impacts to local businesses, education of customers, ordinance implementation and phasing, work with schools, products, environmental benefits, waivers and other issues. (D) Public Discussion and Input on Polystyrene Food Packaging Agenda Bill Attendees provided comments and the committee discussed a number of issues related to the draft ordinance, including costs for products and impacts to per unit prices for menu items as well as signage and menus, phasing of the ordinance, impacts of plastics on the aquatic environment and other environmental impacts, enforcement approaches, education of customers, acceptance by businesses, bulk purchasing, recycling program offerings and incentives, institutional polystyrene recycling efforts and other related issues and discussion. The meeting was adjourned at approximately 8:20 pm. Aerial city photograph credit - Tim Heneghan HOME | TOP | WEBSITE HELP | ABOUT THIS SITE Printer friendly version If you have questions regarding the site, please contact the webmaster. Terms of Use | Built using Project A's Site-in-a-Box ©2010 Packet Page 106 of 352 City Council votes to ban Styrofoam food packaging next year : The Issaquah Press – News, Sports, Classifieds in Issaquah, WA http://www.issaquahpress.com/2009/11/16/city-council-votes-to-ban-styrofoam-food-packaging-next-year/[2/26/2010 3:22:59 PM] RSSHOME/NEWS CLASSIFIEDS TRAFFIC CAMS ARCHIVES/HISTORY ADVERTISE ABOUT SUBMIT NEWS SUBSCRIBE CONTACT Local News Opinion Sports Schools Community A&E Calendar Obituaries Business Photo/Video Special Sections Browse > Home / Local News / City Council votes to ban Styrofoam food packaging next year November 16, 2009 By Warren Kagarise Got something to say? Before you comment, please note: These comments are moderated. Comments should be relevant to the topic at hand and contribute to its discussion. Personal attacks and/or excessive profanity will not be tolerated and such comments will not be approved. This is not your personal chat room or forum, so please stay on topic. Name Email Address Website City Council votes to ban Styrofoam foodpackaging next year UPDATED — 1:20 p.m. Nov. 17, 2009 Issaquah joined Seattle, Portland and other eco-conscious cities Monday night when the City Council banned polystyrene takeout containers and other food packaging made from the material. The ban will go into effect in October 2010; restaurants, grocers, public schools and other food sellers will be required to comply by May 2011. Polystyrene — also known under the trademark Styrofoam — is a popular option at restaurants and grocers because the material is cheaper and hardier than compostable alternatives. Critics said the polystyrene lingers in landfills long after Styrofoam trays and cups are tossed into the trash. The material is expensive to recycle as well. City Council members voted 6-1 to approve the ban. Councilman Joshua Schaer proposed the legislation in June. Officials huddled with restaurateurs, industry representatives, business owners and environmentalists to reach the final bill. Schaer said the legislation offered the city the opportunity to lead on environmental issues. Issaquah will be the first Eastside city to ban polystyrene. Councilwoman Eileen Barber cast the vote against the bill. Barber said the ban was ill timed for restaurateurs struggling amid the economic downturn. The legislation includes $56,450 to help city officials reach out to business owners and implement the ban. How the city will pay for the project will be discussed as city officials refine the 2010 budget. The bill will be enforced by “passive compliance” and, essentially, driven by consumer complaints. Violators will be cited by the city code compliance officer and required to pay a fine. Written by Warren Kagarise · Filed Under Local News Comments FRIDAY, FEBRUARY 26, 2010 SEARCH: Packet Page 107 of 352 City Council votes to ban Styrofoam food packaging next year : The Issaquah Press – News, Sports, Classifieds in Issaquah, WA http://www.issaquahpress.com/2009/11/16/city-council-votes-to-ban-styrofoam-food-packaging-next-year/[2/26/2010 3:22:59 PM] Speak your mind Community Links ArtEAST Chamber of Commerce & Visitor Center City of Issaquah Cougar Mt. Zoo Downtown Issaquah Assoc. Eagles Club Eastside FC Friends of the Iss. Hatchery (FISH) Iss. Alps Trails Club Iss. Amateur Radio Club Iss. Garden Club Iss. Soccer Club Iss. Swim Team Iss. Valley Food & Clothing Bank Issaquah Gliders Issaquah History Museums Issaquah Library Issaquah Quilters Issaquah School District Issaquah Schools Foundation Issaquah Singers Packet Page 108 of 352 City Council votes to ban Styrofoam food packaging next year : The Issaquah Press – News, Sports, Classifieds in Issaquah, WA http://www.issaquahpress.com/2009/11/16/city-council-votes-to-ban-styrofoam-food-packaging-next-year/[2/26/2010 3:22:59 PM] Copyright © 2008 Issaquah Press - www.issaquahpress.com · Log in · MOSSO Cloud Hosted Issaquah Women’s Club Issaquah Youth Football Issaquah Youth Lacrosse Kiwanis Club of Issaquah Master Chorus Eastside Mountains to Sound Greenway Partnership for Rural King County Rotary Club of Issaquah Salmon Days Festival Sammamish Rowing Assoc. Sammamish Symphony Orchestra Village Theatre WA State Parks & Recreation Commission WA Trails Assoc. Affiliate Links Newcastle News Sammamish Review Seattle Times SnoValley Star Walla Walla Union Bulletin Yakima Herald Republic Packet Page 109 of 352 Press Editorial : The Issaquah Press – News, Sports, Classifieds in Issaquah, WA http://www.issaquahpress.com/2009/09/08/press-editorial-44/#more-13680[2/26/2010 3:25:15 PM] RSSHOME/NEWS CLASSIFIEDS TRAFFIC CAMS ARCHIVES/HISTORY ADVERTISE ABOUT SUBMIT NEWS SUBSCRIBE CONTACT Local News Opinion Sports Schools Community A&E Calendar Obituaries Business Photo/Video Special Sections Browse > Home / Editorial, Opinion / Press Editorial September 8, 2009 By Staff Got something to say? Before you comment, please note: These comments are moderated. Comments should be relevant to the topic at hand and contribute to its discussion. Personal attacks and/or excessive profanity will not be tolerated and such comments will not be approved. This is not your personal chat room or forum, so please stay on topic. Name Email Address Website Speak your mind Press Editorial Baby steps called for in Styrofoam ban By now you’ve probably read about the city’s initial proposal to ban the use of polystyrene — better known as Styrofoam — food containers in Issaquah. This could include everything from takeout food containers to the little tray that holds tonight’s steak.The idea was first proposed by the City Council’s Sustainability Committee. The city of Issaquah has long been regarded as being a leader in resource conservation and recycling, and we’re ready to see more. If the proposed ban is implemented Jan. 1, businesses would be required to use recyclable or compostable food containers. While some business owners are concerned about being forced to change to a more expensive container, they are not all opposed. Matt Bott, executive director of the Chamber of Commerce, has surveyed businesses and heard back from about 20 so far. While we like the idea of reducing plastic trash, we caution the city to take it slow. The economy is tough enough on businesses that are operating on reduced sales and reduced staff — all while worrying about a possible flu epidemic. We hope the city will create baby steps that get us to the polystyrene ban, but maybe not until Jan. 1, 2011. Meanwhile, the Sustainability Committee should also be looking at those darn plastic bags and what can be done about them — without getting into a bag tax! For a step in the right direction, they should mandate attendance of business owners and staff at a workshop that discusses ways to cut down on the use of the bags. Is there some reason soda pop in a 2-liter plastic bottle needs to be wrapped in plastic a second time? Written by Staff · Filed Under Editorial , Opinion Comments FRIDAY, FEBRUARY 26, 2010 SEARCH: Packet Page 110 of 352 Press Editorial : The Issaquah Press – News, Sports, Classifieds in Issaquah, WA http://www.issaquahpress.com/2009/09/08/press-editorial-44/#more-13680[2/26/2010 3:25:15 PM] Community Links ArtEAST Chamber of Commerce & Visitor Center City of Issaquah Cougar Mt. Zoo Downtown Issaquah Assoc. Eagles Club Eastside FC Friends of the Iss. Hatchery (FISH) Iss. Alps Trails Club Iss. Amateur Radio Club Iss. Garden Club Iss. Soccer Club Iss. Swim Team Iss. Valley Food & Clothing Bank Issaquah Gliders Issaquah History Museums Issaquah Library Issaquah Quilters Issaquah School District Issaquah Schools Foundation Issaquah Singers Issaquah Women’s Club Issaquah Youth Packet Page 111 of 352 Press Editorial : The Issaquah Press – News, Sports, Classifieds in Issaquah, WA http://www.issaquahpress.com/2009/09/08/press-editorial-44/#more-13680[2/26/2010 3:25:15 PM] Copyright © 2008 Issaquah Press - www.issaquahpress.com · Log in · MOSSO Cloud Hosted Football Issaquah Youth Lacrosse Kiwanis Club of Issaquah Master Chorus Eastside Mountains to Sound Greenway Partnership for Rural King County Rotary Club of Issaquah Salmon Days Festival Sammamish Rowing Assoc. Sammamish Symphony Orchestra Village Theatre WA State Parks & Recreation Commission WA Trails Assoc. Affiliate Links Newcastle News Sammamish Review Seattle Times SnoValley Star Walla Walla Union Bulletin Yakima Herald Republic Packet Page 112 of 352 May 2008 King County Green Schools Program Polystyrene Facts What is polystyrene? Polystyrene is a thermoplastic material made from petroleum-derived styrene. Polystyrene is made into both foam and rigid products. Foam or expanded polystyrene (EPS) is either expanded or extruded to manufacture products such as cups, plates, trays and packaging.1 EPS is often mistakenly referred to as Styrofoam, which is a Dow Chemical Company trademarked form of polystyrene foam insulation introduced to the U.S. in 1954. How is polystyrene made? Styrene is the primary chemical component of polystyrene. It is a clear, colorless liquid derived from petroleum and natural gas by-products and formed by a reaction between ethylene and benzene (a hazardous substance). Styrene is used in everything from food containers and packaging materials to cars, boats and computers. It is polymerized by heat or by an initiator, such as benzyl peroxide, and then is suspended in water to form droplets, using a suspension agent. The beads of polystyrene produced by suspension are tiny and hard. To make them expand, special blowing agents (primarily pentane) are used. How much waste does polystyrene create? fi In 2006, the US disposed of 870,000 tons of polystyrene plastic plates and cups (plus 590,000 tons on other polystyrene products), according to the EPA’s report on Municipal Solid Waste.2 fi Although EPS represents only one percent of the waste stream by weight in King County, it makes up a significant volume. Approximately 7.9 million cubic feet of EPS is disposed in King County each year, enough to fill 2½ buildings the size of Seattle’s 38-story Smith Tower. Ultimately, this volume accounts for about 248,000 cubic yards of King County landfill space annually.3 fi Polystyrene takes decades to hundreds of years to dissolve because it does not biodegrade. Instead, it “photo- degrades”, meaning that sunlight breaks it into progressively smaller pieces. However, sunlight does not penetrate modern municipal landfills, therefore making it extremely unlikely that polystyrene will photo- degrade in our landfills.4 Can polystyrene be recycled? fi In some areas of the country, EPS is recycled and used to manufacture new products. Since food residue is a contaminant in the polystyrene recycling process, EPS food trays are rarely recycled. The extra step and cost of washing the trays more often proves prohibitive to recyclers. fi King County has identified EPS as a priority waste and is working to support the establishment of recycling facilities, with a focus on molded packaging. Molded packaging often provides a clean source of EPS that is untainted with food residue or other contaminants. How does polystyrene affect health? fi Most health problems associated with polystyrene are due to exposure during manufacture of styrene or products using styrene (the primary component of polystyrene) and include depression, concentration problems, muscle weakness, tiredness, nausea and eye, ear and throat irritation.5 The International Agency for Research on Cancer (IARC) has determined that styrene is a possible carcinogen.6 fi Most exposure cases are associated with industry workers. However, styrene also can be transferred to food from polystyrene cups, plates and trays, and can enter the human body through air (released from industries that make and use styrene). 6 What can you do? fi Purchase and use reusable or compostable products. (Some cities have banned polystyrene. The City of Seattle has proposed a ban on the use of EPS cups and containers in restaurants. 7 Some school districts, such as Issaquah School District in King County, have discontinued use of polystyrene trays -- see example on page 2 -- and instead have selected either reusable or compostable trays.) fi Recycle as options become available. Packet Page 113 of 352 Alternatives to Polystyrene (EPS) Lunch Trays Alternative #1: Durable Lunch Trays Replacing all or some disposable trays with durable, reusable trays is a great option. Reusable products can be more cost effective over time than disposable products, but costs should be evaluated on a case-by-case basis. Schools with dishwashers and storage space are the best candidates. Examples: fi Starting in March 2008, nine Portland Public Schools have eliminated EPS lunch trays as part of a pilot program. The schools will gather information throughout the school year on cost-effectiveness, volunteer time and the effects on garbage, water and energy use.8 fi In 2006 Henry David Thoreau Elementary School in the Lake Washington School District switched from EPS to durable lunch trays. As a result, the school reduced its solid waste by 82 percent, or 230 cubic yards per year. The switch reduced lunch waste from 6.5 cubic yards of garbage per week (which had included 1,100 disposable EPS trays) to less than 1.2 cubic yards per week. 9 Resources: fi Durable Reusable Lunch Trays and Baskets, prepared by King County Green Schools Alternative #2: Paper/Cardboard (Compostable) Lunch Trays Several schools purchase uncoated cardboard/paper lunch trays, which can be composted along with food scraps. Composting collection is less expensive than garbage collection, and therefore schools can realize cost savings by making this switch and contracting for composting collection. Examples: fi The Davis Joint Unified School District (California) composts cardboard lunch trays at three elementary schools. Set up costs included sorting stations and outreach materials. The schools reduced solid waste by about 40 percent, resulting in an estimated gross savings of $6,230. The district plans to expand the program.10 fi The Issaquah School District, a King County Green Schools Program participant, switched from EPS to compostable paper lunch trays. The trays (purchased from Food Services of America, http://www.fsafood.com) cost twice as much as EPS trays, but the district made the switch as part of an effort to use nontoxic and more environmentally responsible products. In the future, the district would like the trays, along with food scraps, to be collected for composting. Paper options (from KCDA catalog)*: Product Description KCDA No. Mfg No. U/M 1-23 24+ 5 compartment;8”x10”; Chinet 49690 VALLEY 500/Cs $49.27 $47.28 6 compartment; 9”x12”; Chinet 49685 VALISE 500/Cs $61.99 $59.49 3 compartment; 8”x9”; Chinet 49680 VAGRANT 500/Cs $54.67 $52.47 Non-paper biodegradable options*: fi http://www.sinlessbuying.com/tep/catalog/catalog/index.php - Tree Free Biodegradable Trays fi http://www.ciwmb.ca.gov/RCP/ProdByType.asp?ProductTypeID=76 - California’s Recycled Content Product Directory *Before buying compostable products, contact your local composting collection company to make sure the product is acceptable. Sources: 1. http://www.americanchemistry.com/s_plastics/sec_pfpg.asp?CID=1432&DID=5224 2. http://www.epa.gov/garbage/pubs/06data.pdf Page 7 3. http://www.metrokc.gov/dnrp/swd/linkup/eNewslink/current.asp 4. Use and Disposal of Polystyrene in California: A Report to the California Legislature Dec 2004 5. http://www.epa.gov/ttn/atw/hlthef/styrene.html; http://www.epa.gov/OGWDW/dwh/t-voc/styrene.html; 6. http://www.atsdr.cdc.gov/toxfaq.html; http://www.atsdr.cdc.gov/toxprofiles/phs53.html 7. http://www.seattle.gov/util/Services/Garbage/Reduce_Garbage_&_Litter/GreenFeeFoamBanProposals/SPU01_003525.asp 8. http://www.oregonlive.com/portland/oregonian/index.ssf?/base/portland_news/120536070512750.xml&coll=7 Packet Page 114 of 352 9. http://www.kingcounty.gov/environment/dnrp/newsroom/newsreleases/2007/november/1102GreenSchoolsLWSD.aspx 10. http://www.ciwmb.ca.gov/FoodWaste/CaseStudies/Contracts/2000/Davis2.pdf Packet Page 115 of 352 City of Seattle Disposable Shopping Bags Green Fee and Expanded Polystyrene (EPS) Foam Food Container Ban FREQUENTLY ASKED QUESTIONS (FAQ) Revised June 18, 2008 Packet Page 116 of 352 Green Fees/Foam Ban Frequently Asked Questions June 18, 2008 Expanded Polystyrene (EPS) Foam Food Container Ban FAQ Contents Why ban so-called “Styrofoam” containers and cups? Aren’t other plastics just as bad? See Page 9. Why not also ban EPS foam packaging? Don’t those “Styrofoam peanuts” end up as litter, too? See Page 9. Have any other jurisdictions banned EPS foam food containers. How is it working? See Page 9. Aren’t the alternatives to EPS foam containers just as bad for the environment? See Page 10. Why does the City want to force this change? See Page 10. What about compostable and recyclable alternatives to EPS foam and the other disposable plastics used in food service? See Page 10. How will the City enforce the EPS ban and the green fee on bags? See Page 10. Your study shows that banning EPS food containers and cups is actually worse for the environment than doing nothing so why do it? See Page 11. Disposable Shopping Bags and Green Fee FAQs What are Mayor Greg Nickels and City Council President Richard Conlin proposing? Mayor Greg Nickels and City Council President Richard Conlin are proposing a 20 cent green fee on all disposable shopping bags provided to customers at grocery, drug and convenience stores. The purpose of the green fee is to discourage the use of disposable bags of any type and encourage shoppers to use reusable bags. Nickels and Conlin are also proposing a ban on the use of expanded polystyrene (EPS) containers in restaurants, fast food outlets, coffee shops and all other food service establishments. This includes some of the packaging used at grocery stores such as meat trays and egg cartons. In addition, because there are a number of different kinds of plastics and plastic-coated paper products used for disposable food service ware — “clamshells,” plates, cups, utensils and so forth — they are proposing a deadline two years away by which all such —3— Packet Page 117 of 352 Green Fees/Foam Ban Frequently Asked Questions June 18, 2008 These are not either-or issues. There are lots of ways to cut greenhouse gas emissions and the green fee on disposable shopping bags is one of them. Each alternative, such as carbon taxes on fuel consumption, for example, need to be examined on its merits by government at the appropriate level. Seattle regulates and handles solid waste and can set an example in that area. How much will the green fee cost a typical Seattle resident? Possibly nothing if all the family members regularly take reusable bags with them when they go shopping. In reality, some of the time people will forget and they’ll pay a small amount. If a family’s bag use drops from several hundred now to a few dozen next year when the green fee is in effect, it might be $10. Expanded Polystyrene (EPS) Foam Food Container Ban FAQs Why ban so-called “Styrofoam” containers and cups? Aren’t other plastics just as bad? Along with expanded polystyrene (EPS), all the other disposable plastic and plastic- coated paper products in fast food and take-out use have various negative impacts on the environment. None stand out as particularly better or worse than others, except that EPS has proven to be an exceptional problem in litter and particularly marine litter. That’s why a ban is the right way to deal with EPS now. The superiority of compostable and truly recyclable plastic products to the disposable plastic and plastic-coated paper products currently in use is why Nickels and Conlin have set a date two years from now for all food service outlets to switch to compostable and recyclable containers, plates, hot and cold beverage cups and utensils. Why not also ban EPS foam packaging? Don’t those “Styrofoam peanuts” end up as litter, too? The Mayor and City Council in Resolution 30990 asked Seattle Public Utilities (SPU) to look first at disposable shopping bags and EPS food service items. Now that that’s done, SPU is studying EPS packaging and a number of other un-recycled, under-recycled and hard-to-recycle materials to see what kinds of policies might decrease their use and/or increase recycling. Have any other jurisdictions banned EPS foam food containers. How is it working? —9— Packet Page 118 of 352 Green Fees/Foam Ban Frequently Asked Questions June 18, 2008 Portland, Oregon, was among the first to ban EPS foam food containers a decade ago. McDonald’s sued the city and lost and that in part that led to the burger chain’s switch to a cardboard container (though sometimes plastic coated), a pretty impressive result for municipal government action. More recently, a number of California cities and counties including San Francisco and Santa Monica have banned EPS in food service and are promoting compostable or recyclable alternatives. Aren’t the alternatives to EPS foam containers just as bad for the environment? Switching from EPS to other disposable plastics can be just as bad and sometimes worse in environmental impact. That’s why Nickels’ and Conlin’s plan takes a second step and mandates that restaurants find compostable and recyclable alternatives to food service disposable plastic and plastic-coated paper products by July 1, 2010. Why does the City want to force this change? There is a long-term environmental goal underlying this policy. Plastic — all kinds of plastics — are persistent in the environment. All the plastic ever made is still around — in landfills, in ocean debris, on beaches, scattered across the land, and in the case of plastic bags, stuck in the trees and against fences. Natural forces such as ultraviolet light may break down plastics into smaller and smaller — but still plastic — particles. As this happens and particularly in the ocean, plastic objects and particles are consumed by animals up and down the food chain. Most notably, this kills birds. In some areas of the ocean, floating plastic outnumbers plankton six to one. Because of plastic’s long term persistence in the environment and its effects, we should minimize the production of plastic and maximize recycling of what is produced. And, of course, that also cuts down greenhouse gas production and the amount of material that has to be landfilled. Are there compostable and recyclable alternatives to EPS foam and the other disposable plastics used in food service? Because more and more jurisdictions here on the West Coast and worldwide are adopting policies to discourage throwaway plastic and plastic-coated paper products in the food service industry, manufacturers and suppliers are responding with new products including compostable plastics made from vegetable sources such as corn starch and sugar cane and, increasingly, from non-food fiber crops and byproducts. These products are currently being developed and tested by the market for how well they do their job in the restaurant and for compostability after use. Change is coming fast so over the next two years there will be a variety of new products for restaurants and coffee shops, delis and so forth to choose from. How will the City enforce the EPS ban and the green fee on bags? —10— Packet Page 119 of 352 AM-4305   Item #: 2. A. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted For:Phil Williams Submitted By:Debbie Karber Department:Public Works Committee:Finance Type:Action Information Subject Title Authorization for the Mayor to sign Amendment No. 1 to the Facilities Lease between the City of Edmonds and Clearwire LLC. Recommendation from Mayor and Staff Approve and forward to next City Council meeting on consent.  Previous Council Action On May 2, 2006 the Edmonds City Council approved a Facilities Lease between City of Edmonds and Clearwire LLC to co-locate telecommunications facilities on a tower leased to VoiceStream Wireless at the Five-Corners reservoir site. Narrative On May 2, 2006 the City Council approved a facilities Lease with Clearwire LLC to co-locate on a tower leased to VoiceStream, now T-Mobile at the Five-Corners reservoir site.  Section 4.1 states the Lessee shall have the right to renew the lease for 3 additional 5-year terms for a total of 20 years if, but only if, the parties can reach agreement regarding reasonable adjustments to the consideration provided for by Section 9. Section 9 allows for an increase of 3 percent per year for the next four years. Increases, if any, for future years beyond the fifth year shall be negotiated in accordance with Section 4.  This amendment changes the annual rental fee from 3% to 4% or the Seattle-Tacoma-Bremerton CPI-U (October to October) whichever is greater per year. Attachments Clearwire Fac Lease Clearwire Amend 1 Form Review Inbox Reviewed By Date Public Works Phil Williams 10/28/2011 08:41 AM City Clerk Sandy Chase 11/01/2011 07:34 AM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Debbie Karber Started On: 10/25/2011 08:15 AM Final Approval Date: 11/03/2011  Packet Page 120 of 352 Packet Page 121 of 352 Packet Page 122 of 352 Packet Page 123 of 352 Packet Page 124 of 352 Packet Page 125 of 352 Packet Page 126 of 352 Packet Page 127 of 352 Packet Page 128 of 352 Packet Page 129 of 352 Packet Page 130 of 352 Packet Page 131 of 352 Packet Page 132 of 352 Packet Page 133 of 352 Packet Page 134 of 352 Packet Page 135 of 352 Packet Page 136 of 352 AM-4341   Item #: 2. B. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted For:Mike De Lilla Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Finance Type:Action Information Subject Title Presentation of study to update the City's General Facilities Charges for utilities by City staff and the FCS Group. Recommendation from Mayor and Staff Forward item to the Council for review and approval.   Previous Council Action On October 11, 2011, CS/DS Commitee reviewed this item and forwarded it to full Council for approval. Narrative A General Facilities Charge (GFC) is a one time charge paid by a new customers connecting to a utility system. FCS Group, using data provided by the City, modeled a rate fee schedule for water, sewer, and storm utility connections. The data is based on equivalent residential units (ERUs). The term, ERU, is used to convert non-residential (commercial) customers into an equivalent number of residential units based on the defined water/sewer/storm use of a single-family residence. This updated fee schedule will be used by the City to charge a connection fee to new utility customers connecting water/sewer/storm utilities to the City systems. The study has been modeled using methodology consistent with RCW and case law requirements for a city in the State of Washington. The sewer and stormwater GFC rate schedules are attached and the water GFC rate schedule will be provided at the Committee meeting. The City has not updated its General Facilities Charge (GFC) rate schedule since March 2000.  Attachments Exhibit 1 - Sewer GFC Rate Schedule Exhibit 2 - Stormwater GFC Rate Schedule Form Review Inbox Reviewed By Date Engineering Megan Cruz 11/04/2011 08:37 AM Public Works Phil Williams 11/04/2011 08:48 AM City Clerk Sandy Chase 11/04/2011 08:50 AM Mayor Mike Cooper 11/04/2011 08:53 AM Final Approval Sandy Chase 11/04/2011 08:56 AM Form Started By: Megan Cruz Started On: 11/03/2011  Final Approval Date: 11/04/2011  Packet Page 137 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Sewer Utility Customer Base Year Customer Growth Rate [a] No of ERUs [b] 2011 12,626 2012 0.50%12,689 2013 0.50%12,753 2014 0.50%12,816 2015 0.50%12,880 2016 0.50%12,945 2017 0.50%13,010 2018 0.50%13,075 2019 0.50%13,140 2020 0.50%13,206 2021 0.50%13,272 2022 0.50%13,338 2023 0.50%13,405 2024 0.50%13,472 2025 0.50%13,539 2026 0.50%13,607 2027 0.50%13,675 2028 0.50%13,743 2029 0.50%13,812 2030 0.50%13,881 [b] WWTP flow data, provided by City staff. [a] Utility Rate Study & Water Utility Comp. Plan Update financial analysis projections. PREPARED BY FCS GROUP, INC. (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 S - Customer Page 1 of 7 Packet Page 138 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Sewer Utility Plant in Service Edmonds' Share in WWTP => 50.78700% 2011 2625 3RD AVE SANITARY SEWERS LID 1/1/1947 1947 16,859$ 16,859$ -$ 20,665$ 10.00 5.00%(1,903)$ 94 SEWER TRUNK LID 60 12/31/1947 1947 20,665$ 20,665$ -$ 20,665$ 10.00 5.00%-$ 95 SEWER TRUNK LID 61 12/31/1948 1948 5,690$ 5,690$ -$ 5,690$ 10.00 5.00%-$ 2626 NORTH CHERRY HILL SANITARY S 1/1/1950 1950 153,226$ 153,226$ -$ 10.00 5.00%76,613$ 99 SEWER TRUNK LID 71 12/31/1953 1953 49,602$ 49,602$ -$ 49,602$ 10.00 2.75%-$ 100 SEWER TRUNK LID 73 12/31/1953 1953 5,016$ 5,016$ -$ 5,016$ 10.00 2.75%-$ 101 SEWER TRUNK LID 74 12/31/1955 1955 53,232$ 53,232$ -$ 53,232$ 10.00 2.47%-$ 15 PUMP STATION NO.1 1979 BALAN 12/31/1957 1957 18,199$ 18,199$ -$ 10.00 3.33%6,065$ 103 SEWER TRUNK LID 80 12/31/1957 1957 5,745$ 5,745$ -$ 5,745$ 10.00 3.33%-$ 105 SEWER TRUNK LID 85 12/31/1958 1958 10,678$ 10,678$ -$ 10,678$ 10.00 3.20%-$ 106 SEWER TRUNK LID 86 12/31/1958 1958 16,593$ 16,593$ -$ 16,593$ 10.00 3.20%-$ 107 SEWER TRUNK LID 94 12/31/1959 1959 6,603$ 6,603$ -$ 6,603$ 10.00 3.63%-$ 108 SEWER TRUNK LID 95 12/31/1959 1959 54,685$ 54,685$ -$ 54,685$ 10.00 3.63%-$ 81 LITTLE METRO TRUNK WPC-WN-49 4/7/1960 1960 212,914$ 212,914$ -$ 10.00 3.58%76,314$ 109 SEWER TRUNK LID 96 12/31/1960 1960 17,947$ 17,947$ -$ 17,947$ 10.00 3.58%-$ 111 SEWER TRUNK LID 99 12/31/1960 1960 25,651$ 25,651$ -$ 25,651$ 10.00 3.58%-$ 160 SEWER LATERAL LID 99 12/31/1960 1960 6,032$ 6,032$ -$ 6,032$ 10.00 3.58%-$ 110 SEWER TRUNK LID 97 12/31/1961 1961 174,970$ 171,899$ 3,071$ 174,970$ 10.00 3.52%-$ 112 SEWER TRUNK LID 104 12/31/1961 1961 5,961$ 5,856$ 105$ 5,961$ 10.00 3.52%-$ 159 SEWER TRUNK LID 97 12/31/1961 1961 5,499$ 5,402$ 97$ 5,499$ 10.00 3.52%-$ 113 SEWER TRUNK LID 105 12/31/1962 1962 9,875$ 9,512$ 363$ 9,875$ 10.00 3.20%-$ 115 SEWER TRUNK LID 107 12/31/1962 1962 22,243$ 21,425$ 818$ 22,243$ 10.00 3.20%-$ 118 SEWER TRUNK LID 111 12/31/1962 1962 5,741$ 5,530$ 211$ 5,741$ 10.00 3.20%-$ 116 SEWER TRUNK LID 108 12/31/1963 1963 320,476$ 302,484$ 17,992$ 320,476$ 10.00 3.21%-$ 165 SEWER LATERAL LID 108 12/31/1963 1963 40,364$ 38,098$ 2,266$ 40,364$ 10.00 3.21%-$ 119 SEWER TRUNK LID 119 12/31/1964 1964 147,046$ 135,932$ 11,114$ 147,046$ 10.00 3.25%-$ 168 SEWER LATERAL LID 119 12/31/1964 1964 25,122$ 23,223$ 1,899$ 25,122$ 10.00 3.25%-$ 120 SEWER TRUNK LID 135 12/31/1965 1965 33,761$ 30,551$ 3,210$ 33,761$ 10.00 3.31%-$ 141 SEWER TRUNK MAPLEWOOD VILLAG 12/31/1965 1965 8,636$ 7,815$ 821$ 10.00 3.31%2,859$ 146 SEWER TRUNK SIERRA HEIGHLAND 12/31/1965 1965 5,000$ 4,524$ 476$ 10.00 3.31%1,655$ 170 SEWER LATERAL LID 135 12/31/1965 1965 9,631$ 8,715$ 916$ 9,631$ 10.00 3.31%-$ 125 SEWER TRUNK LID 145 12/31/1966 1966 8,852$ 7,838$ 1,014$ 8,852$ 10.00 3.90%-$ 126 SEWER TRUNK LID 147 12/31/1966 1966 15,469$ 13,659$ 1,810$ 15,469$ 10.00 3.90%-$ 127 SEWER TRUNK LID 149 12/31/1966 1966 15,093$ 13,362$ 1,731$ 15,093$ 10.00 3.90%-$ 22 LIFT STATION #8 12/31/1967 1967 14,274$ 14,274$ -$ 10.00 4.04%5,765$ 23 LIFT STATION #9 12/31/1967 1967 11,148$ 11,148$ -$ 10.00 4.04%4,502$ 122 SEWER TRUNK LID 138 12/31/1967 1967 27,342$ 23,670$ 3,672$ 27,342$ 10.00 4.04%-$ 123 SEWER TRUNK LID 139 12/31/1967 1967 626,397$ 523,681$ 102,716$ 626,397$ 10.00 4.04%-$ 131 SEWER TRUNK LID 159 12/31/1967 1967 6,149$ 5,323$ 826$ 6,149$ 10.00 4.04%-$ 172 SEWER LATERAL LID 139 12/31/1967 1967 148,345$ 128,424$ 19,921$ 148,345$ 10.00 4.04%-$ 124 SEWER TRUNK LID 140 12/31/1968 1968 17,113$ 14,478$ 2,635$ 17,113$ 10.00 4.58%-$ 128 SEWER TRUNK LID 151 12/31/1968 1968 845,836$ 695,915$ 149,921$ 845,836$ 10.00 4.58%-$ 129 SEWER TRUNK LID 153 12/31/1968 1968 58,118$ 49,170$ 8,948$ 58,118$ 10.00 4.58%-$ 130 SEWER TRUNK LID 154 12/31/1968 1968 6,341$ 5,365$ 976$ 6,341$ 10.00 4.58%-$ 177 SEWER LATERAL LID 151 12/31/1968 1968 11,337$ 9,592$ 1,745$ 11,337$ 10.00 4.58%-$ 178 SEWER LATERAL LID 153 12/31/1968 1968 5,202$ 4,401$ 801$ 5,202$ 10.00 4.58%-$ 190 SEWER LATERAL WS-11 3/31/1969 1969 6,129$ 5,058$ 1,071$ 10.00 5.95%3,647$ 193 SEWER LATERAL PRIOR 1961 UNK 3/31/1969 1969 835,148$ 696,500$ 138,648$ 10.00 5.95%496,885$ 194 SEWER LATERAL SINCE 1961 UNK 3/31/1969 1969 158,429$ 130,730$ 27,699$ 10.00 5.95%94,260$ 132 SEWER TRUNK LID 161 12/31/1969 1969 539,358$ 424,412$ 114,946$ 539,358$ 10.00 5.95%-$ 181 SEWER LATERAL LID 161 12/31/1969 1969 72,994$ 60,319$ 12,675$ 72,994$ 10.00 5.95%-$ 24 PUMP STA NO.10 1979 BALANCE 12/31/1970 1970 21,151$ 21,151$ -$ 10.00 6.61%13,977$ 133 SEWER TRUNK LID 164 12/31/1970 1970 781,829$ 607,895$ 173,935$ 781,829$ 10.00 6.61%-$ 134 SEWER TRUNK LID 173 12/31/1970 1970 14,013$ 11,303$ 2,710$ 14,013$ 10.00 6.61%-$ 82 OUTFALL EXPANSION WPC-WN-263 12/31/1971 1971 25,808$ 20,307$ 5,501$ 10.00 5.69%14,687$ 189 SEWER LATERAL WS-10 5/1/1972 1972 16,017$ 12,371$ 3,646$ 10.00 5.46%8,742$ 148 SEWER TRUNK WILLOW BROOKS PL 5/1/1976 1976 5,585$ 3,867$ 1,718$ 10.00 6.95%3,879$ 208 SEWER SERVICE COUNT 7,855 PE 12/31/1979 1979 119,585$ 112,278$ 7,307$ 10.00 6.81%81,456$ 2829 MEADOWDALE SLIDE AREA STUDY 12/31/1980 1980 35,568$ 21,278$ 14,289$ 10.00 9.05%32,172$ 2968 SANITARY SEWERS LID 206 11/30/1981 1981 115,434$ 44,321$ 71,113$ 115,434$ 10.00 12.20%-$ 2977 MEADOWDALE MONITORING SYSTEM 11/30/1981 1981 10,045$ 5,876$ 4,170$ 10.00 12.20%12,255$ 2995 SANITARY SEWERS LID 206 11/30/1981 1981 253,366$ 146,364$ 107,002$ 253,366$ 10.00 12.20%-$ 3030 SANITARY SEWERS LID 207 12/31/1981 1981 38,620$ 22,506$ 16,114$ 38,620$ 10.00 12.20%-$ 5633 SANITARY SEWERS LID 212 9/30/1988 1988 26,142$ 11,708$ 14,434$ 26,142$ 10.00 8.00%-$ 5635 CULVERT (412 PORTION)9/30/1988 1988 149,621$ 67,008$ 82,613$ 10.00 8.00%119,697$ 5637 BALLINGER SEWER UPGRADE (412 9/30/1988 1988 163,809$ 71,364$ 92,445$ 10.00 8.00%131,047$ 5767 LID 210 SANITARY SEWERS (412 12/31/1988 1988 613,815$ 271,831$ 341,984$ 613,815$ 10.00 8.00%-$ 5769 LID 210 SANITARY SEWERS STAT 12/31/1988 1988 297,249$ 131,638$ 165,611$ 297,249$ 10.00 8.00%-$ 5774 LID 210 SANITARY SEWERS 12/31/1988 1988 648,233$ 287,073$ 361,160$ 648,233$ 10.00 8.00%-$ 5779 LID 210 SANITARY SEWERS 12/31/1988 1988 39,190$ 17,356$ 21,834$ 39,190$ 10.00 8.00%-$ 5911 STORM SEWER 7/31/1989 1989 152,017$ 65,375$ 86,642$ 10.00 7.50%114,012$ 6379 SANITARY SEWER CONSTRUCTION 12/31/1990 1990 77,724$ 62,420$ 15,304$ 10.00 7.50%58,293$ 6394 AURORA TOYOTA SEWER PIPELINE 12/31/1990 1990 12,038$ 9,668$ 2,370$ 10.00 7.50%9,028$ 6719 ALLIED HOPAC - 8700C 11/8/1991 1991 6,000$ 6,000$ -$ 10.00 7.10%4,260$ 6852 6' X 10' & 4' X 10' TITAN TR 6/5/1992 1992 5,997$ 5,997$ -$ 10.00 6.60%3,958$ 6853 INLINE LATTERAL CUTTER 6/5/1992 1992 5,194$ 5,194$ -$ 10.00 6.60%3,428$ Allocable Interest CostOriginal Cost Accumulated Depreciation Book Value CIAC Applicable Asset AgeAsset No Description Date Acquired Year Acquired Applicable Interest Rate PREPARED BY FCS GROUP (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 S - Plant in Service Page 2 of 7Packet Page 139 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Sewer Utility Plant in Service Edmonds' Share in WWTP => 50.78700% 2011 Allocable Interest CostOriginal Cost Accumulated Depreciation Book Value CIAC Applicable Asset AgeAsset No Description Date Acquired Year Acquired Applicable Interest Rate 6902 EDMONDS WAY BASIN STUDY 7/31/1992 1992 180,934$ 66,938$ 113,996$ 10.00 6.60%119,416$ 7127 LOCKING MANHOLE FRAMES & LID 2/17/1994 1994 6,494$ 2,171$ 4,323$ 6,494$ 10.00 6.50%-$ 7478 STORAGE CONTAINER FOR BUILDI 5/4/1995 1995 6,708$ 6,708$ -$ 10.00 6.20%4,159$ 7605 UNI-HOIST CRANE W/ADAPTER 11/7/1995 1995 5,026$ 5,026$ -$ 10.00 6.20%3,116$ 7622 TRUCK-MOUNTED CRANES 12/20/1995 1995 16,463$ 16,463$ -$ 10.00 6.20%10,207$ 7637 1995 SEWER IMPROVEMENTS 12/31/1995 1995 21,526$ 6,465$ 15,061$ 10.00 6.20%13,346$ 7735 TALBOT ROAD STORM DRAINAGE 8/31/1996 1996 189,780$ 68,388$ 121,392$ 10.00 6.00%113,868$ 7736 SIERRA DRIVE DRAINAGE IMP.8/31/1996 1996 7,897$ 2,846$ 5,051$ 10.00 6.00%4,738$ 7739 LIFT STATION BACKUP POWER 8/31/1996 1996 66,344$ 23,908$ 42,436$ 10.00 6.00%39,806$ 7740 SEWER COMPREHENSIVE PLAN 8/31/1996 1996 18,920$ 6,818$ 12,102$ 10.00 6.00%11,352$ 7744 LAKE BALLINGER MONITORING 8/31/1996 1996 131,354$ 47,334$ 84,020$ 10.00 6.00%78,813$ 7852 SEWER REPLACEMENT PROGRAM 12/31/1996 1996 234,574$ 65,755$ 168,818$ 10.00 6.00%140,744$ 8382 ALDER ST SEWER IMPROVEMENTS 12/30/1999 1999 70,082$ 19,087$ 50,995$ 10.00 5.70%39,947$ 8416 GRIMMER SCHMIDT AIR COMPRESSOR #80 9/28/2000 2000 14,411$ 14,411$ -$ 10.00 6.00%8,647$ 8439 PROSCOUT PLUS, LATERAL 12/31/2000 2000 7,199$ 7,199$ 0$ 10.00 6.00%4,319$ 8477 pump and motor unit for l/s #3 8/28/2001 2001 5,294$ 4,984$ 310$ 10.00 5.50%2,912$ 8478 pump and motor unit for l/s #3 8/28/2001 2001 5,294$ 4,984$ 310$ 10.00 5.50%2,912$ 8483 SEWER TV CAMERA SOFTWARE 9/6/2001 2001 59,942$ 22,370$ 37,572$ 10.00 5.50%32,968$ 8488 RADIX METER READING SYSTEM 10/31/2001 2001 6,684$ 6,684$ -$ 10.00 5.50%3,676$ 8656 NORTH PERRINVILLE LID 216 12/31/2001 2001 28,470$ 10,340$ 18,130$ 28,470$ 10.00 5.50%-$ 8648 2002 CITY WIDE SEWER IMPROVEMENTS 12/31/2002 2002 4,522$ 1,461$ 3,060$ 9.00 5.22%2,124$ 8601 2002 CITY WIDE SEWER IMPROVEMENTS 12/31/2003 2003 18,023$ 2,553$ 15,471$ 8.00 4.75%6,846$ 8602 ADMIRAL WAY SEWER REPLACEMENT 12/31/2003 2003 33,480$ 4,742$ 28,738$ 8.00 4.75%12,718$ 8654 LIFT STATION IMPROVEMENT COST ESTIMATE 12/31/2003 2003 44,412$ 12,578$ 31,835$ 8.00 4.75%16,871$ 8658 SEWER TV CAMERA 11/18/2004 2004 59,672$ 36,762$ 22,909$ 7.00 4.68%19,538$ 8675 DIESEL GENERATOR LIFT STATION #1 9/1/2005 2005 21,744$ 7,724$ 14,019$ 6.00 4.37%5,701$ 8682 LIFT STATION #1 RENOVATION 12/31/2005 2005 1,061,724$ 215,756$ 845,968$ 6.00 4.37%278,384$ 8686 DALEY STREET SEWER IMPROVEMENTS 12/31/2005 2005 709,242$ 144,127$ 565,115$ 6.00 4.37%185,963$ 8727 96TH/228TH MAJOR RD CONSTRUCTION 12/31/2006 2006 90,946$ 14,589$ 76,357$ 5.00 4.40%20,012$ 8740 SW EDMONDS STUDY/STORM PROJECT 5/30/2007 2007 58,822$ 14,120$ 44,702$ 4.00 4.40%10,343$ 8741 2005 MEADOWDALE BCH RD DRAINAGE 5/30/2007 2007 101,530$ 24,372$ 77,157$ 4.00 4.40%17,852$ 8810 TELEMETRY UPGRADE/ALL LIFT STATIONS 12/31/2008 2008 232,242$ 19,354$ 212,888$ 3.00 4.44%30,911$ 8874 ULTRA SHORTY CRAWLER 7/27/2011 2011 6,012$ -$ 6,012$ 0.00 4.44%-$ WASTEWATER TREATMENT PLANT ASSETS 35 INITIAL SITE AQUISITION TREA 12/31/1955 1955 7,000$ -$ 7,000$ 3,445$ 10.00 2.47%877$ 52 OUTFALL SEWER EXPANSION-POWE 12/31/1971 1971 23,872$ 23,872$ -$ 11,748$ 10.00 5.69%6,899$ 3025 SECONDARY TREATMENT FACILITY 12/31/1981 1981 137,284$ 133,105$ 4,180$ 67,562$ 10.00 12.20%85,062$ 4305 LAND 4/20/1984 1984 143,350$ -$ 143,350$ 70,547$ 10.00 10.50%76,443$ 6693 RIGHT TO USE LYNNWOOD SECOND 12/31/1993 1993 1,250,000$ 853,915$ 396,085$ 615,163$ 10.00 5.80%368,206$ 7105 SECONDARY SEWAGE TREATMENT P 12/31/1993 1993 35,974,014$ 13,243,311$ 22,730,703$ 17,703,892$ 10.00 5.80%10,596,671$ 7608 UNI-HOIST EQUIPMENT 12/20/1995 1995 6,676$ 6,676$ -$ 3,285$ 10.00 6.20%2,102$ 7918 FORKLIFT 1/25/1996 1996 6,852$ 6,852$ -$ 3,372$ 10.00 6.00%2,088$ 7803 LAB MICROSCOPE W/ACCESORIES 12/19/1996 1996 9,922$ 9,922$ -$ 4,883$ 10.00 6.00%3,023$ 7881 JET MILLING MACHINE JTM-4VS 2/6/1997 1997 5,800$ 5,800$ -$ 2,854$ 10.00 5.80%1,709$ 7895 VARIABLE FREQUENCY DRIVE 5/8/1997 1997 36,954$ 36,954$ -$ 18,186$ 10.00 5.80%10,885$ 7905 LATHE MODEL #GH-1340A 6/5/1997 1997 5,004$ 5,004$ -$ 2,463$ 10.00 5.80%1,474$ 8613 SOLIDS HANDLING IMPROVEMENTS 12/31/1997 1997 32,249$ 28,117$ 4,132$ 15,871$ 10.00 5.80%9,499$ 8618 SCADA UPGRADE 12/31/1998 1998 368,099$ 368,099$ -$ 181,153$ 10.00 5.30%99,082$ 8619 CONNECTION TO CITY NETWORK 12/31/1998 1998 8,967$ 6,403$ 2,564$ 4,413$ 10.00 5.30%2,414$ 8421 COMPACT ELECTRIC ACUATOR 10/12/2000 2000 6,152$ 6,152$ -$ 3,028$ 10.00 6.00%1,875$ 8614 WWTP EMERGENCY GENERATOR 12/31/2000 2000 739,600$ 739,600$ -$ 363,979$ 10.00 6.00%225,372$ 8627 DEWATERED SLUDGE MIXER UPGRADE 12/31/2000 2000 11,138$ 11,138$ -$ 5,481$ 10.00 6.00%3,394$ 8630 BELT PRESS IMPROVEMENTS 12/31/2000 2000 218,867$ 218,867$ -$ 107,711$ 10.00 6.00%66,694$ 8631 PARKING LOT CONTAINMENT 12/31/2000 2000 6,828$ 2,753$ 4,075$ 3,360$ 10.00 6.00%2,081$ 8632 PLC UPGRADE 12/31/2000 2000 223,382$ 223,382$ -$ 109,933$ 10.00 6.00%68,069$ 8580 2000 STORM DRAINAGE IMPROVEMENT 12/31/2001 2001 187,619$ 68,142$ 119,477$ 92,333$ 10.00 5.50%52,407$ 8634 PRIMARY CLARIFIER 12/31/2001 2001 32,396$ 29,414$ 2,982$ 15,943$ 10.00 5.50%9,049$ 8640 CAT WALK INSTALLATION 12/31/2001 2001 9,310$ 8,453$ 857$ 4,582$ 10.00 5.50%2,600$ 8642 ENERGY EFFICIENCY IMPROVEMENTS 12/31/2001 2001 215,205$ 130,239$ 84,966$ 105,909$ 10.00 5.50%60,113$ 8646 ELECTRONIC UPGRADE 12/31/2002 2002 30,550$ 24,678$ 5,872$ 15,035$ 9.00 5.22%7,290$ 8647 INCINERATOR IMPROVEMENTS 12/31/2002 2002 467,286$ 356,808$ 110,478$ 229,965$ 9.00 5.22%111,500$ 8650 DATA SERVER UPGRADE 12/31/2002 2002 11,560$ 11,560$ -$ 5,689$ 9.00 5.22%2,758$ 8573 2003 CHEV. S-10 TRUCK #131 3/20/2003 2003 15,220$ 14,897$ 323$ 7,490$ 8.00 4.75%2,936$ 8560 WWTP VENTURI SCRUBER 4/16/2003 2003 30,733$ 23,801$ 6,932$ 15,125$ 8.00 4.75%5,929$ 8564 WWTP ACCESS PLATFORM INSTALLATION 4/16/2003 2003 15,448$ 11,963$ 3,484$ 7,602$ 8.00 4.75%2,980$ 8651 ODOR CONTROL 12/31/2003 2003 23,188$ 16,411$ 6,777$ 11,411$ 8.00 4.75%4,473$ 8652 HEAT EXCHANGER REPLACEMENT 12/31/2003 2003 328,179$ 232,267$ 95,911$ 161,507$ 8.00 4.75%63,313$ 8653 DISINFECTION CONVERSION 12/31/2003 2003 357,732$ 253,141$ 104,591$ 176,051$ 8.00 4.75%69,015$ 8655 BUILDING 100 HEAT REPLACEMENT 12/31/2003 2003 13,903$ 9,236$ 4,667$ 6,842$ 8.00 4.75%2,682$ 8666 OUTFALL SLIP LINING PROJECT 12/31/2004 2004 920,606$ 223,899$ 696,707$ 453,058$ 7.00 4.68%153,087$ 8683 SEWER MAIN REHAB PROJECT SR 104 12/31/2005 2005 1,356,836$ 136,969$ 1,219,867$ 667,740$ 6.00 4.37%180,681$ 8692 CALIBRATION METER FLUKE 744 2/2/2006 2006 4,470$ 4,387$ 83$ 2,200$ 5.00 4.40%500$ 8693 VFD 411 3/2/2006 2006 5,461$ 2,551$ 2,910$ 2,688$ 5.00 4.40%610$ 8725 LAKE BALLINGER MTR STN A REHAB 12/31/2006 2006 350,013$ 56,148$ 293,864$ 172,252$ 5.00 4.40%39,115$ 8726 OUTFALL PROJECT 12/31/2006 2006 1,193,347$ 191,435$ 1,001,913$ 587,282$ 5.00 4.40%133,360$ PREPARED BY FCS GROUP (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 S - Plant in Service Page 3 of 7Packet Page 140 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Sewer Utility Plant in Service Edmonds' Share in WWTP => 50.78700% 2011 Allocable Interest CostOriginal Cost Accumulated Depreciation Book Value CIAC Applicable Asset AgeAsset No Description Date Acquired Year Acquired Applicable Interest Rate 8733 WWTP VFD DRIVE REPLACEMENT 12/31/2006 2006 234,371$ 94,406$ 139,965$ 115,341$ 5.00 4.40%26,192$ 8743 ALLEN-BRADLEY POWER FLEX 700 VFD 6/1/2007 2007 7,205$ 2,541$ 4,664$ 3,546$ 4.00 4.40%643$ 8776 SCREENING SYSTEM IMPROVEMENTS 12/31/2007 2007 1,511,695$ 233,053$ 1,278,642$ 743,951$ 4.00 4.40%134,995$ 8782 INCINERATOR PROJECT 12/31/2007 2007 120,652$ 37,201$ 83,451$ 59,376$ 4.00 4.40%10,774$ 8784 WWTP CONCRETE REPAIR 12/31/2007 2007 177,034$ 54,585$ 122,448$ 87,124$ 4.00 4.40%15,809$ 8785 CLARIFIER REPAIR 12/31/2007 2007 105,089$ 32,403$ 72,687$ 51,718$ 4.00 4.40%9,385$ 8786 SWITCH GEAR IMPROVEMENT 12/31/2007 2007 309,036$ 95,286$ 213,750$ 152,086$ 4.00 4.40%27,597$ 8802 QUAD CORE PROCESSOR 12/10/2008 2008 5,823$ 2,022$ 3,801$ 2,866$ 3.00 4.44%394$ 8834 WWTP CLAY FEEDER 12/31/2009 2009 90,876$ 4,922$ 85,954$ 44,723$ 2.00 4.44%4,095$ 8835 AERATION BASINS CONTROL UPGRADE 12/31/2009 2009 21,850$ 2,367$ 19,483$ 10,753$ 2.00 4.44%985$ 8847 LIFT STATIONS 2 & 13 IMPROVEMENTS 12/31/2010 2010 773,459$ -$ 773,459$ 380,642$ 1.00 4.44%17,428$ 8852 WWTP ELECTRICAL IMPROVEMENTS 12/31/2010 2010 279,870$ -$ 279,870$ 137,733$ 1.00 4.44%6,306$ 8854 CP301 UPGRADE 12/31/2010 2010 49,222$ -$ 49,222$ 24,224$ 1.00 4.44%1,109$ 8859 SECONDARY CLARIFIER #2 REFURBISHMENT 12/31/2010 2010 95,648$ -$ 95,648$ 47,071$ 1.00 4.44%2,155$ 8861 THREE HUNDRED PLC UPGRADE 12/31/2010 2010 27,320$ -$ 27,320$ 13,445$ 1.00 4.44%616$ Total Plant-in-Service 60,682,776$ 25,531,896$ 35,150,880$ 30,283,923$ 15,416,565$ PREPARED BY FCS GROUP (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 S - Plant in Service Page 4 of 7Packet Page 141 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Sewer Utility Capital Improvement Program (Source: City Capital Improvement Program; 2011-2017) Project Costs in Year: 2011 TOTAL FORECASTED PROJECT COSTS Project ID Project Name % Growth 2012 - 2017 TOTAL COSTS 2011 2012 2013 2014 2015 2016 2017 Sewer Lift Station Rehabilitations Lift Stations 7 and 8 and West Dayton Sewer -$ 92,869$ -$ -$ -$ -$ -$ -$ Lift Station 2 339,195 683,719 339,195 - - - - - Lift Stations 3, 4, 5, 9, 10, 11, 12, 14, & 15 4,129,618 140,626 2,840,667 1,288,952 - - - - - - - - - - - - Sewer Main Replacement and CIPP 2012 Sewer Replacement / Rehab /Improvements (224th, Alder St, Beach Pl, Dellwood)1,210,784$ 22,627$ 1,210,784$ -$ -$ -$ -$ -$ 2013 Sewer Replacement / Rehab / Improvements (200th, 216th, 72nd W, 76th W, 8th S, Hemlock, 7th Ave)1,916,403 - 145,098 1,771,305 - - - - 2015 Sewer Replacement / Rehab / Improvements (Walnut St, NW Traction, 7117 - 176th, 8015 - 196th, 465 Admiral W, 1053 Alder, 240th St, 76th Ave W, Ballinger)1,815,365 - - - 178,566 1,636,799 - - 2016 Sewer Replacement / Rehab / Improvements (238th St)361,699 - - - - 34,863 326,837 - Citywide Sewer Improvements 177,457 - 29,412 28,281 31,725 30,505 29,332 28,203 GFC Study - 8,333 - - - - - - Citywide CIPP Sewer Rehabilitation 1,614,398 - 103,922 188,537 407,892 174,313 377,119 362,615 Infiltration & Inflow Study & Projects I & I Study -$ -$ -$ -$ -$ -$ -$ -$ Meter Installations Basin LS-01 52,549 20,000 52,549 - - - - - Meter Installations Basin Edmonds Zone 18,129 - - - 18,129 - - - Smoke Test Zone 1 - - - - - - - - Smoke Test in Basin LS-01 70,701 - - 70,701 - - - - Smoke Test in Basin Edmonds Zone 87,157 - - - - 87,157 - - - - - - - - - - Sewer Comp Plan Update 170,588$ -$ 170,588$ -$ -$ -$ -$ -$ Transfer to Const. Improvement Fund 112 (Dayton Street)- 75,000 - - - - - - Transfer to Const. Improvement Fund 132 (Interurban Trail)- 65,000 - - - - - - Total Capital Projects in Current Dollars 11,964,044$ 1,108,174$ 4,892,215$ 3,347,775$ 636,312$ 1,963,636$ 733,288$ 390,818$ Total Growth Related Project Costs - - - - - - - - Total Repair & Replacement Project Costs 11,964,044 1,108,174 4,892,215 3,347,775 636,312 1,963,636 733,288 390,818 WWTP Projects Through Fund 414 Project ID Project Name % Growth 2012 - 2017 TOTAL COSTS 2011 2012 2013 2014 2015 2016 2017 Edmonds' Contribution for R&R, Upgrades, and Studies & Consulting 2,183,843$ 233,620$ 558,657$ 304,722$ 330,116$ 330,116$ 330,116$ 330,116$ PREPARED BY FCS GROUP, INC. (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 S - CIP Page 5 of 7Packet Page 142 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Sewer Utility Capital Improvement Program (Source: City Capital Improvement Program; 2011-2017) Cumulative Construction Cost Inflation ==>0.00%2.00%6.08%10.32%14.74%19.33%24.10% Construction Cost Inflation ==> 0.00%2.00%4.00%4.00%4.00%4.00%4.00% CAPITAL IMPROVEMENT PROGRAM IN INFLATED DOLLARS Project ID Project Name % Growth 2012 - 2017 TOTAL COSTS 2011 2012 2013 2014 2015 2016 2017 Sewer Lift Station Rehabilitations Lift Stations 7 and 8 and West Dayton Sewer -$ 92,869$ -$ -$ -$ -$ -$ -$ Lift Station 2 345,979 683,719 345,979 - - - - - Lift Stations 3, 4, 5, 9, 10, 11, 12, 14, & 15 4,264,800 140,626 2,897,480 1,367,320 - - - - - - - - - - - - Sewer Main Replacement and CIPP 2012 Sewer Replacement / Rehab /Improvements (224th, Alder St, Beach Pl, Dellwood)1,235,000$ 22,627$ 1,235,000$ -$ -$ -$ -$ -$ 2013 Sewer Replacement / Rehab / Improvements (200th, 216th, 72nd W, 76th W, 8th S, Hemlock, 7th Ave)2,027,000 - 148,000 1,879,000 - - - - 2015 Sewer Replacement / Rehab / Improvements (Walnut St, NW Traction, 7117 - 176th, 8015 - 196th, 465 Admiral W, 1053 Alder, 240th St, 76th Ave W, Ballinger)2,075,000 - - - 197,000 1,878,000 - - 2016 Sewer Replacement / Rehab / Improvements (238th St)430,000 - - - - 40,000 390,000 - Citywide Sewer Improvements 200,000 - 30,000 30,000 35,000 35,000 35,000 35,000 GFC Study - 8,333 - - - - - - Citywide CIPP Sewer Rehabilitation 1,856,000 - 106,000 200,000 450,000 200,000 450,000 450,000 Infiltration & Inflow Study & Projects I & I Study -$ -$ -$ -$ -$ -$ -$ -$ Meter Installations Basin LS-01 53,600 20,000 53,600 - - - - - Meter Installations Basin Edmonds Zone 20,000 - - - 20,000 - - - Smoke Test Zone 1 - - - - - - - - Smoke Test in Basin LS-01 75,000 - - 75,000 - - - - Smoke Test in Basin Edmonds Zone 100,000 - - - - 100,000 - - - - - - - - - - Sewer Comp Plan Update 174,000$ -$ 174,000$ -$ -$ -$ -$ -$ Transfer to Const. Improvement Fund 112 (Dayton Street)- 75,000 - - - - - - Transfer to Const. Improvement Fund 132 (Interurban Trail)- 65,000 - - - - - - Total Capital Projects in Current Dollars 12,856,379$ 1,108,174$ 4,990,059$ 3,551,320$ 702,000$ 2,253,000$ 875,000$ 485,000$ Total Growth Related Project Costs - - - - - - - - Total Repair & Replacement Project Costs 12,856,379 1,108,174 4,990,059 3,551,320 702,000 2,253,000 875,000 485,000 PREPARED BY FCS GROUP, INC. (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 S - CIP Page 6 of 7Packet Page 143 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Sewer Utility - General Facilities Charge (GFC) Calculation Existing Cost Basis Total Notes PLANT-IN-SERVICE Utility Capital Assets 60,682,776$ Fixed Assets at Original Cost less: Contributed Capital (30,283,923) CIAC Additions at Original Cost plus: Interest on Non-Contributed Plant 15,416,565 Interest on assets up to a maximum 10-year period plus: 2011 Construction-Work-in-Progress 1,342,594 $1,108174 for sewer, $233,620 for WWTP 2011 Year-end Estimated Cash Balances 5,584,776$ $2,173,498 in Fund 411 & $3,411,278 in Fund 412-300 less: Debt Principal Outstanding (3,746,849) Total principal outstanding for the existing debt at the end of 2011 less: Net Debt Principal Outstanding -$ Debt principal outstanding, net of cash reserves TOTAL EXISTING COST BASIS 47,158,012$ Future Cost Basis Notes CAPITAL IMPROVEMENT PLAN Total Sewer Projects 11,964,044$ Total WWTP Projects 2,183,843 TOTAL FUTURE COST BASIS 14,147,887$ Planned Capital Improvements Project costs 2012 through 2017 Customer Base Notes Existing Equivalent Residential Units 12,626 No of ERUs (2011) Future Equivalent Residential Units (Incremental)1,255 Projected Incremental ERUs (2011 - 2030) TOTAL CUSTOMER BASE 13,881 No of ERUs (2030) Resulting Charge Notes Reimbursement Charge Component for Existing Assets Existing Cost Basis 47,158,012$ Total Customer Base 13,881 Reimbursement Charge 3,397$ Improvement Charge Component for Future Assets Future Cost Basis 14,147,887 Total Customer Base 13,881 Improvement Charge 1,019$ TOTAL GFC PER ERU 4,417$ Existing GFC per ERU 730$ PREPARED BY FCS GROUP, INC. (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 S - GFC Page 7 of 7 Packet Page 144 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Stormwater Utility Customer Base Year Customer Growth Rate [a]No of ESUs 2011 21,124 2012 0.25%21,177 2013 0.25%21,230 2014 0.25%21,283 2015 0.25%21,336 2016 0.25%21,389 2017 0.25%21,443 2018 0.25%21,496 2019 0.25%21,550 2020 0.25%21,604 2021 0.25%21,658 2022 0.25%21,712 2023 0.25%21,766 2024 0.25%21,821 2025 0.25%21,875 2026 0.25%21,930 2027 0.25%21,985 2028 0.25%22,040 2029 0.25%22,095 2030 0.25%22,150 [a] Comprehensive Plan Update financial analysis projections. PREPARED BY FCS GROUP, INC. (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 SW - Customer Page 1 of 5 Packet Page 145 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Stormwater Utility Plant in Service 2011 8624 1999 MEADOWDALE STORM DRAINAGE 12/31/1999 1999 41,487$ 18,386$ 23,101$ 10.00 5.70%23,648$ 8626 2000 MEADOWDALE DRAINAGE 12/31/2000 2000 42,003$ 16,935$ 25,068$ 10.00 6.00%25,202$ 8629 MARINA BEACH PROJECTS 12/31/2000 2000 110,126$ 44,401$ 65,725$ 10.00 6.00%66,076$ 8479 GIS SOFTWARE UPGRADES 7/5/2001 2001 5,724$ 5,724$ -$ 10.00 5.50%3,148$ 8636 2001 STORM DRAINAGE IMPROVEMENTS 12/31/2001 2001 507$ 184$ 323$ 10.00 5.50%279$ 8643 MEADOWDALE STORM DRAINAGE IMPROVEMENT 12/31/2002 2002 144,716$ 77,935$ 66,781$ 9.00 5.22%67,992$ 8645 VACTOR STATION SHED 12/31/2002 2002 54,344$ 14,637$ 39,706$ 9.00 5.22%25,532$ 8579 SEWER IMPROVEMENTS LID 215 6/11/2003 2003 2,889,869$ 876,211$ 2,013,658$ 2,889,869$ 8.00 4.75%-$ 8596 STORMWATER COMP PLAN 12/31/2003 2003 6,540$ 2,315$ 4,225$ 8.00 4.75%2,484$ 8598 2001 CITY WIDE STORM DRAINAGE 12/31/2003 2003 6,151$ 1,742$ 4,409$ 8.00 4.75%2,336$ 8599 2002 STORM DRAINAGE PROJECT 12/31/2003 2003 20,838$ 5,901$ 14,936$ 8.00 4.75%7,916$ 8600 ESA STORMWATER PLAN 12/31/2003 2003 24,001$ 8,496$ 15,505$ 8.00 4.75%9,117$ 8681 2004 CITYWIDE STORM DRAINAGE IMPROVEMENT 12/31/2005 2005 60,607$ 10,264$ 50,343$ 6.00 4.37%15,891$ 8687 SHELLABARGER CREEK/5TH AVENUE SOUTH 12/31/2005 2005 138,180$ 23,402$ 114,778$ 6.00 4.37%36,231$ 8690 WOODWAY ELEMENTARY ( 1 OF 2 - 8691)12/31/2005 2005 55,359$ 11,250$ 44,109$ 6.00 4.37%14,515$ 8729 157TH ST STORM IMPROVEMENTS 12/31/2006 2006 64,041$ 10,273$ 53,768$ 5.00 4.40%14,092$ 8730 242ND ST SW STORM DRAINAGE IMPROVEMENTS 12/31/2006 2006 116,871$ 18,748$ 98,123$ 5.00 4.40%25,717$ 8734 MARINA BEACH STORMWATER REPAIR 12/31/2006 2006 818,850$ 131,358$ 687,492$ 5.00 4.40%180,181$ 8735 2005 CITYWIDE STORM DRAINAGE 12/31/2006 2006 90,134$ 14,459$ 75,675$ 5.00 4.40%19,833$ 8778 DALEY ST/GLEN ST GROUNDWATER ISS 12/31/2007 2007 146,078$ 22,520$ 123,558$ 4.00 4.40%25,685$ 8779 242ND ST STORM IMPROVEMENTS/PHASE2 12/31/2007 2007 157,254$ 19,395$ 137,860$ 4.00 4.40%27,651$ 8780 2006 CITY-WIDE STORM IMPROVEMENTS 12/31/2007 2007 333,702$ 41,157$ 292,545$ 4.00 4.40%58,676$ 8789 SPECTRA DG511 PIPE LASER 8/11/2008 2008 5,336$ 1,290$ 4,047$ 3.00 4.44%710$ 8805 74TH PL W & MEADOW BCH RD DRAINAGE 12/31/2008 2008 101,958$ 8,496$ 93,461$ 3.00 4.44%13,571$ 8806 2007 CITY-WIDE STORM IMPROVEMENTS 12/31/2008 2008 85,114$ 6,451$ 78,663$ 3.00 4.44%11,329$ 8807 SW EDMONDS BASIN STORM PROJECT 12/31/2008 2008 183,375$ 15,281$ 168,094$ 3.00 4.44%24,407$ 8808 DAYTON ST STORMWATER OUT 12/31/2008 2008 423,029$ 35,252$ 387,777$ 3.00 4.44%56,305$ 8809 NORTHSTREAM LANE STORM IMPROVEMENTS 12/31/2008 2008 115,846$ 9,654$ 106,192$ 3.00 4.44%15,419$ 8811 WILLOW CREEK STORMWATER OUT 12/31/2008 2008 756,795$ 62,694$ 694,101$ 3.00 4.44%100,729$ 8812 220TH STREET IMPROVEMENTS 12/31/2008 2008 669,102$ 55,758$ 613,343$ 3.00 4.44%89,057$ 8813 NORTHSTREAM CULVERT 12/31/2008 2008 544,614$ 45,385$ 499,229$ 3.00 4.44%72,488$ 8841 INFO WATER SOFTWARE 12/13/2010 2010 8,760$ -$ 8,760$ 1.00 4.44%389$ 8843 N MEADOWDALE STORM/LORIAN WOODS 12/31/2010 2010 60,082$ -$ 60,082$ 1.00 4.44%2,666$ 8844 93RD AVE W STORM DRAIN IMPROVEMENTS 12/31/2010 2010 299,906$ -$ 299,906$ 1.00 4.44%13,306$ 8853 LAKE BALLINGER WATER QUALITY IMP 12/31/2010 2010 25,539$ -$ 25,539$ 1.00 4.44%1,133$ 8855 LAKE BALLINGER/MCALEER CREEK WATER 12/31/2010 2010 221,307$ -$ 221,307$ 1.00 4.44%9,819$ 8856 UPPER EDMONDS STREET STORM PROJECT 12/31/2010 2010 56,521$ -$ 56,521$ 1.00 4.44%2,508$ 8857 MOUNTAIN LANE STORM IMPROVEMENT 12/31/2010 2010 24,487$ -$ 24,487$ 1.00 4.44%1,086$ 8858 12TH AVENUE NORTH STORM IMP 12/31/2010 2010 23,985$ -$ 23,985$ 1.00 4.44%1,064$ 8860 PERRINVILLE STREAM DIVERSION MODS 12/31/2010 2010 30,832$ -$ 30,832$ 1.00 4.44%1,368$ 8862 HARTER PROPERTY STORM EASEMENT 12/31/2010 2010 1,696$ -$ 1,696$ 1.00 4.44%75$ 8864 OLD WOODWAY ELEMENTARY SITE 12/31/2010 2010 180,472$ -$ 180,472$ 1.00 4.44%8,007$ 8865 20719 86TH PL W 4/28/2011 2011 138,727$ -$ 138,727$ 0.00 4.44%-$ 8869 20719 86TH PL W BUILDING 4/28/2011 2011 163,268$ -$ 163,268$ 0.00 4.44%-$ Total Plant-in-Service 9,448,135$ 1,615,958$ 7,832,177$ 2,889,869$ 1,077,638$ Allocable Interest Cost Original Cost Accumulated Depreciation Book Value CIAC Applicable Asset AgeAsset No Description Date Acquired Year Acquired Applicable Interest Rate PREPARED BY FCS GROUP (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 SW - Plant in Service Page 2 of 5Packet Page 146 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Stormwater Utility Capital Improvement Program Project Costs in Year: 2010 [NOTE: Capital Improvement Program costs are inflated]. Project ID Description Outside Funding TOTAL COSTS 2011 2012 2013 2014 2015 2016 2017 SW Edmonds Basin Study Project 1 - Replace Infiltration Pipe (near 107th PL W)0%67,873$ -$ -$ 67,873$ -$ -$ -$ -$ SW Edmonds Basin Study Project 2 - Connect sumps near Robin Hood LN 0%461,091 - - - - 91,514 369,577 - SW Edmonds Basin Study Project 3 - Connect sumps on 238th St SW to Hickman Park infiltration System 0%525,264 - 102,941 422,323 - - - - SW Edmonds Basin Study Project 4 - Connect sumps on 105th & 106th Ave W near 228th St SW 0%216,843 13,600 14,706 188,537 - - - - Edmonds Marsh - Shelbarger / Willow Creek Flood Plain Delineation Study (See Note 1)0%281,500 281,500 - - - - - - Willow Creek Pipe Rehabilitation 0%470,436 - - - 470,436 - - - Northstream Culvert Abandonment South of Puget Dr 0%199,269 - - 43,363 155,906 - - - Rehabilitation of Northstream Culvert under Puget Dr 0%73,351 - - - 26,286 47,065 - - Talbot Rd / Perrinville Creek Drainage Improvement & Habitat Enhancement 0%635,675 49,400 586,275 - - - - - Perrinville Creek Culvert Replacement at Talbot Rd 0%144,753 - 144,753 - - - - - 95th / 93rd St Drainage Improvement Project 0%214,027 - 25,490 188,537 - - - - City-wide Drainage Replacement Projects (See Note 2)0%946,821 107,700 140,196 140,460 139,590 140,322 139,953 138,599 Lake Ballinger Associated Projects (See Note 3)0%652,704 54,000 100,000 99,925 99,707 100,230 99,727 99,115 North Talbot Rd Drainage Improvement Project 0%176,471 - 176,471 - - - - - Public Works Yard Water Quality Upgrade (Vehicle Wash Station & Cover for Material Piles) (See Note 4)0%140,049 17,500 122,549 - - - - - Stormwater Utility for Drainage Portions of Transportation Projects (See Note 5)0%25,000 25,000 - - - - - - NPDES Phase II Permit Capacity Building (Illicit discharge, Public Education, O&M) (See Note 6)0%47,736 24,105 23,631 - - - - - Dayton Emergency Storm 0%69,500 69,500 - - - - - - Dayton St Storm Cured in-place pipe (CIPP) Rehabilitation 0%72,000 72,000 - - - - - - Low Impact Development Retrofit Project (See Note 7)0%569,684 - - 116,893 115,116 114,175 112,298 111,202 BNSF Utility Crossings 0%107,900 107,900 - - - - - - Goodhope Pond Basin Study 0%181,286 - - - 181,286 - - - SW Perrinville Creek Basin Study 0%235,671 - - 235,671 - - - - 0%- - - - - - - - Dayton St and Hwy 104 0%618,401 - 147,059 471,342 - - - - 0%- - - - - - - - Dayton St between 6th and 8th Ave N 0%147,059 - 147,059 - - - - - 88th Ave W and 194th St SW 0%90,643 - - - 90,643 - - - 0%- - - - - - - - Perrinville Creek Culvert Replacement at Talbot Rd - Construction 75%548,389 - - - 548,389 - - - Edmonds Marsh/Shellabarger Cr/Willow Cr - Feasibility Study (See Notes 8 & 9)67%147,059 - 147,059 - - - - - Edmonds Marsh/Shellabarger Cr/Willow Cr Daylighting/Restoration (See Notes 8 & 9)75%6,029,812 - - - 853,855 2,075,196 3,100,760 - Shell Creek Channel Restoration in Yost Park 75%161,344 - - - 161,344 - - - Perrinville Creek High Flow Management Project 75%7,479,342 - - - - 2,788,137 2,403,508 2,287,697 0%- - - - - - - - Transfer to Street Fund 112 (Shell Valley Emergency Access) (See Note 10)0%195,000 195,000 - - - - - - Transfer to Street Fund 112 (Dayton St Overlay)0%20,000 20,000 - - - - - - Transfer to Street Fund 112 (Main St LID Retrofit)0%117,647 - 117,647 - - - - - Transfer to Street Fund 112 (226th Walkway)0%25,000 - - - - - - Transfer to Street Fund 112 0%299,738 - 50,000 49,962 49,854 49,679 50,283 49,960 Transfer to Parks Fund 125 (Interurban Trail - Permeable Paving - includes design)0%125,000 125,000 - - - - - - Transfer to Parks Fund 125 (Interurban Trail - 76th Storm Pipe - from City-Wide)0%40,000 40,000 - - - - - - Transfer to Parks Fund 125 (Interurban Trail - Stormwater Vault - from Lake Ballinger Associated 0%50,000 50,000 - - - - - - Total Capital Projects in Current Dollars 22,609,336$ 1,277,205$ 2,045,835$ 2,024,887$ 2,892,411$ 5,406,318$ 6,276,106$ 2,686,574$ Grant Funded Project Costs 10,762,204 - 98,039 - 1,172,691 3,647,500 4,128,201 1,715,773 Total Repair & Replacement Project Costs 11,847,132 1,277,205 1,947,796 2,024,887 1,719,720 1,758,818 2,147,905 970,801 PREPARED BY FCS GROUP, INC. (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 SW - CIP Page 3 of 5Packet Page 147 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Stormwater Utility Capital Improvement Program Cumulative Construction Cost Inflation ==>0.00%2.00%6.08%10.32%14.74%19.33%24.10% Construction Cost Inflation ==> 0.00%2.00%4.00%4.00%4.00%4.00%4.00% CAPITAL IMPROVEMENT PROGRAM IN INFLATED DOLLARS Project ID Description Outside Funding TOTAL COSTS 2011 2012 2013 2014 2015 2016 2017 SW Edmonds Basin Study Project 1 - Replace Infiltration Pipe (near 107th PL W)72,000$ 72,000$ SW Edmonds Basin Study Project 2 - Connect sumps near Robin Hood LN 546,000 105,000 441,000 SW Edmonds Basin Study Project 3 - Connect sumps on 238th St SW to Hickman Park infiltration System 553,000 105,000 448,000 SW Edmonds Basin Study Project 4 - Connect sumps on 105th & 106th Ave W near 228th St SW 228,600 13,600 15,000 200,000 Edmonds Marsh - Shelbarger / Willow Creek Flood Plain Delineation Study (See Note 1)281,500 281,500 Willow Creek Pipe Rehabilitation 519,000 519,000 Northstream Culvert Abandonment South of Puget Dr 218,000 46,000 172,000 Rehabilitation of Northstream Culvert under Puget Dr 83,000 29,000 54,000 Talbot Rd / Perrinville Creek Drainage Improvement & Habitat Enhancement 647,400 49,400 598,000 Perrinville Creek Culvert Replacement at Talbot Rd 147,648 147,648 95th / 93rd St Drainage Improvement Project 226,000 26,000 200,000 City-wide Drainage Replacement Projects (See Note 2)1,053,700 107,700 143,000 149,000 154,000 161,000 167,000 172,000 Lake Ballinger Associated Projects (See Note 3)729,000 54,000 102,000 106,000 110,000 115,000 119,000 123,000 North Talbot Rd Drainage Improvement Project 180,000 180,000 Public Works Yard Water Quality Upgrade (Vehicle Wash Station & Cover for Material Piles) (See Note 4)142,500 17,500 125,000 Stormwater Utility for Drainage Portions of Transportation Projects (See Note 5)25,000 25,000 NPDES Phase II Permit Capacity Building (Illicit discharge, Public Education, O&M) (See Note 6)48,209 24,105 24,104 Dayton Emergency Storm 69,500 69,500 Dayton St Storm Cured in-place pipe (CIPP) Rehabilitation 72,000 72,000 Low Impact Development Retrofit Project (See Note 7)654,000 - 124,000 127,000 131,000 134,000 138,000 BNSF Utility Crossings 107,900 107,900 Goodhope Pond Basin Study 200,000 200,000 SW Perrinville Creek Basin Study 250,000 250,000 - Dayton St and Hwy 104 650,000 150,000 500,000 - Dayton St between 6th and 8th Ave N 150,000 150,000 88th Ave W and 194th St SW 100,000 100,000 - Perrinville Creek Culvert Replacement at Talbot Rd - Construction 75%605,000 605,000 Edmonds Marsh/Shellabarger Cr/Willow Cr - Feasibility Study (See Notes 8 & 9)67%150,000 150,000 Edmonds Marsh/Shellabarger Cr/Willow Cr Daylighting/Restoration (See Notes 8 & 9)75%7,023,000 942,000 2,381,000 3,700,000 Shell Creek Channel Restoration in Yost Park 75%178,000 178,000 Perrinville Creek High Flow Management Project 75%8,906,000 3,199,000 2,868,000 2,839,000 - Transfer to Street Fund 112 (Shell Valley Emergency Access) (See Note 10)195,000 195,000 Transfer to Street Fund 112 (Dayton St Overlay)20,000 20,000 Transfer to Street Fund 112 (Main St LID Retrofit)120,000 120,000 Transfer to Street Fund 112 (226th Walkway)25,000 25,000 Transfer to Street Fund 112 338,000 51,000 53,000 55,000 57,000 60,000 62,000 Transfer to Parks Fund 125 (Interurban Trail - Permeable Paving - includes design)125,000 125,000 Transfer to Parks Fund 125 (Interurban Trail - 76th Storm Pipe - from City-Wide)40,000 40,000 Transfer to Parks Fund 125 (Interurban Trail - Stormwater Vault - from Lake Ballinger Associated 50,000 50,000 Total Capital Projects in Current Dollars 25,728,957$ 1,277,205$ 2,086,752$ 2,148,000$ 3,191,000$ 6,203,000$ 7,489,000$ 3,334,000$ Grant Project Costs 12,634,000 - 100,000 - 1,293,750 4,185,000 4,926,000 2,129,250 Total Repair & Replacement Project Costs 13,094,957 1,277,205 1,986,752 2,148,000 1,897,250 2,018,000 2,563,000 1,204,750 PREPARED BY FCS GROUP, INC. (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 SW - CIP Page 4 of 5Packet Page 148 of 352 City of Edmonds General Facilities Charge (GFC) Analysis Stormwater Utility - General Facilities Charge (GFC) Calculation Existing Cost Basis Total Notes PLANT-IN-SERVICE Utility Capital Assets 9,448,135$ Fixed Assets at Original Cost less: Contributed Capital (2,889,869) CIAC Additions at Original Cost plus: Interest on Non-Contributed Plant 1,077,638 Interest on assets up to a maximum 10-year period 2011 Year-end Estimated Cash Balances 630,291$ $630,291 in Fund 411 & ??? in Fund 412-200 less: Debt Principal Outstanding (2,577,953) Total principal outstanding for the existing debt at the end of 2011 less: Net Debt Principal Outstanding (1,947,662)$ Debt principal outstanding, net of cash reserves TOTAL EXISTING COST BASIS 5,688,242$ Future Cost Basis Notes CAPITAL IMPROVEMENT PLAN Total Capital Improvement Program Cost 22,609,336$ Less: Projects to be Funded by Grants or Other Outside Sources (10,762,204) TOTAL FUTURE COST BASIS 11,847,132$ Planned Capital Improvements Project costs 2010 through 2016 Customer Base Notes Existing Equivalent Service Units 21,124 No of ESUs (2011) Future Equivalent Service Units (Incremental)1,026 Projected Incremental ESUs (2011 - 2030) TOTAL CUSTOMER BASE 22,150 No of ESUs (2030) Resulting Charge Notes Reimbursement Charge Component for Existing Assets Existing Cost Basis 5,688,242$ Total Customer Base 22,150 Reimbursement Charge 257$ Improvement Charge Component for Future Assets Future Cost Basis 11,847,132 Total Customer Base 22,150 Improvement Charge 535$ TOTAL GFC PER ESU 792$ Existing GFC per ESU 428$ PREPARED BY FCS GROUP, INC. (425) 867-1802 EDMONDS - GFC Analysis - November 3 2011 SW - GFC Page 5 of 5 Packet Page 149 of 352 AM-4333   Item #: 2. C. City Council Committee Meetings Date: 11/07/2011 Time:10 Minutes   Submitted For:Jim Tarte Submitted By:Jim Tarte Department:Finance Committee:Finance Type:Information Information Subject Title General Fund Update - September 2011 Recommendation from Mayor and Staff Informational purposes Previous Council Action N/A Narrative See attached Attachments General Fund Update - September 2011 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 09:56 AM Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Jim Tarte Started On: 11/03/2011  Final Approval Date: 11/03/2011  Packet Page 150 of 352 i CITY OF EDMONDS GENERAL FUND UPDATE SEPTEMBER, 2011 Overview The attached report provides the following information regarding the General Fund: - 2011 revised annual budget of revenue and expenditures - January 2011 through September 2011actual revenues and expenditures - The variance in dollars between budget and actual results - Actual compared to budget expressed as a percentage. September represents 75% of the way through the year (9 months divided by 12 months). Discussed below are the revenues and expenditures where there is a material variance from actual to budget: Revenues: - Property Taxes - are collected twice a year (May & November), therefore the September report only shows May’s collection (i.e. approximately 50%) of property taxes collected. - Telephone Utility Tax – Since Feb 2011 actuals have been below budget. Year end is targeted to be $1,423,000 which is $140,000 (9%) below budged amount of $1,563,000. See attached chart for further details. - Licenses & Permits - actuals in excess of budget relate to the franchise agreements of approximately $100,000 from Blackrock and Verizon inadvertently not budgeted in 2011. - Intergovernmental - In September, received yearly PUD Priviledge tax revenue of $181,000 and quarterly Liquor Profits of $56,000. Year end is targeted to be $1,000,000 which is $107,000 (12%) above budged amount of $893,000. - Charges for Goods & Services - actuals in excess to budget relate to Inter-fund reimbursement of the General Fund, EMS Transport Fees, Park & Rec Program Fees and Plan Check Fees. Year end is targeted to be $3,900,000 which is $263,000 (7%) above budged amount of $3,637,000. Expenditures: - Salaries & Benefits – actuals below budget due to open positions from 2011 retirements and resignations as well as 2011 budgeted but unfilled positions. - Supplies – actuals below budget across most City departments - Intergovernmental – actuals above budget due to a number of 4th quarter payments to vendors (FD 1, SNOCOM, ESCA, etc) being paid at the end of September. - Debt Service – are paid twice a year (June & December), therefore the September report only shows June’s payments. Packet Page 151 of 352 2011 Revised Annual Budget YTD Actuals Variance % Rec/Exp BEGINNING WORKING CAPITAL 2,759,501 2,759,501 - REVENUES: REAL PERSONAL / PROPERTY TAX 9,506,114 4,945,326 4,560,788 52% EMS PROPERTY TAX 3,233,038 1,833,014 1,400,024 57% VOTED PROPERTY TAX 877,984 449,555 428,429 51% LOCAL RETAIL SALES/USE TAX 4,524,195 3,408,200 1,115,995 75% NATURAL GAS USE TAX 16,667 9,245 7,422 55% 1/10 SALES TAX LOCAL CRIM JUST 530,130 385,096 145,034 73% GAS UTILITY TAX 890,000 707,251 182,749 79% T.V. CABLE UTILITY TAX 698,865 546,505 152,360 78% TELEPHONE UTILITY TAX 1,563,454 1,008,187 555,267 64% ELECTRIC UTILITY TAX 1,532,043 1,171,925 360,118 76% SOLID WASTE UTILITY TAX 285,918 211,978 73,940 74% WATER UTILITY TAX 764,082 590,365 173,717 77% SEWER UTILITY TAX 470,000 354,661 115,339 75% STORMWATER UTILITY TAX 237,600 195,505 42,096 82% LEASEHOLD EXCISE TAX 250,938 162,619 88,319 65% PULLTABS TAX 61,043 47,450 13,593 78% LICENSES AND PERMITS 1,484,829 1,210,073 274,756 81% INTERGOVERNMENTAL 893,692 863,581 30,111 97% CHARGES FOR GOODS AND SERVICES 3,637,480 3,186,856 450,624 88% FINES AND FORFEITURES 667,100 459,720 207,380 69% MISCELLANEOUS 339,073 314,981 24,092 93% NONREVENUES - - - 0% INTERFUND TRANSFERS 114,727 22,806 91,921 20% 32,578,972 22,084,897 10,494,075 68% EXPENDITURES: SALARIES / WAGES 12,728,874 9,176,700 3,552,174 72% BENEFITS 4,385,811 3,060,521 1,325,290 70% SUPPLIES 531,862 286,629 245,233 54% SERVICES 4,003,708 2,891,251 1,112,457 72% INTERGOVERNMENTAL 8,876,513 8,115,375 761,138 91% CAPITAL OUTLAY - - - 0% DEBT SERVICE PRINCIPAL 1,111,369 62,752 1,048,617 6% DEBT SERVICE INTEREST 340,759 173,594 167,165 51% INTERFUND SERVICES 646,172 475,972 170,200 74% 32,625,068 24,242,794 8,382,274 74% CHANGE IN WORKING CAPITAL (YTD)(46,096) (2,157,897) 2,111,801 ENDING WORKING CAPITAL 2,713,405 601,604 2,111,801 Page 1 of 6 City of Edmonds General Fund Update September 2011 Packet Page 152 of 352 2010 OUTLOOK 555,301 2011 BUDGET 700,000 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %8%5%7%8%8%10%9%11%10%10%8%7% Cumulative Forecast %8%13%19%28%36%46%55%66%76%86%93%100% Monthly Forecast $54,509 35,415 45,854 58,548 55,975 71,363 65,138 75,882 67,525 68,726 54,798 46,268 Cumulative Forecast $54,509 89,923 135,777 194,325 250,300 321,663 386,801 462,683 530,208 598,934 653,732 700,000 Actual Collected $64,450 26,992 30,969 61,193 51,964 36,921 51,938 43,294 52,886 54,519 43,471 36,704 Cumulative Collection $64,450 91,442 122,411 183,604 235,568 272,489 324,427 367,721 420,607 475,126 518,597 555,301 YEAR END FORECAST 827,667 711,822 631,090 661,380 658,799 592,988 587,121 556,330 555,301 555,301 555,301 555,301 Projected YE Variance 127,667 11,822 (68,910) (38,620) (41,201) (107,012) (112,879) (143,670) (144,699) (144,699) (144,699) (144,699) Budget Variance %18%2%-10%-6%-6%-15%-16%-21%-21%-21%-21%-21% City of Edmonds 2011 Monthly Revenue Forecasting Model REAL ESTATE EXCISE TAX - 200,000 400,000 600,000 800,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Documents and Settings\tarte\My Documents\Book1 11 CHARTS Page 2 of 6 11/1/2011 5:11 PMPacket Page 153 of 352 2011 OUTLOOK 4,568,232 2011 BUDGET 4,524,195 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %8%10%7%8%9%8%8%9%8%8%9%8% Cumulative Forecast %8%18%25%33%41%49%57%66%75%83%92%100% Monthly Forecast $361,138 458,856 320,307 339,615 392,188 351,881 353,139 422,201 376,021 378,930 421,884 348,035 Cumulative Forecast $361,138 819,994 1,140,302 1,479,916 1,872,104 2,223,985 2,577,124 2,999,325 3,375,345 3,754,276 4,176,160 4,524,195 Actual Collected $358,415 449,791 344,713 325,279 424,567 365,381 375,982 411,392 352,681 382,619 425,991 351,423 Cumulative Collection $358,415 808,205 1,152,918 1,478,197 1,902,764 2,268,145 2,644,127 3,055,519 3,408,200 3,790,819 4,216,809 4,568,232 YEAR END FORECAST 4,490,075 4,459,150 4,574,251 4,518,939 4,598,289 4,614,029 4,641,820 4,608,959 4,568,232 4,568,232 4,568,232 4,568,232 Projected YE Variance (34,120) (65,045) 50,056 (5,256) 74,094 89,834 117,625 84,764 44,037 44,037 44,037 44,037 Budget Variance %-1%-1%1%0%2%2%3%2%1%1%1%1% City of Edmonds 2011 Monthly Revenue Forecasting Model SALES AND USE TAX - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 5,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Documents and Settings\tarte\My Documents\Book1 11 CHARTS Page 3 of 6 11/1/2011 5:11 PMPacket Page 154 of 352 2011 OUTLOOK 867,826 2011 BUDGET 890,000 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %14%15%13%11%9%7%5%4%3%4%6%9% Cumulative Forecast %14%29%42%53%62%69%75%78%81%85%91%100% Monthly Forecast $124,297 131,645 119,196 97,069 82,945 62,262 45,728 32,251 29,930 32,637 55,825 76,215 Cumulative Forecast $124,297 255,942 375,138 472,207 555,152 617,413 663,141 695,392 725,322 757,960 813,785 890,000 Actual Collected $118,216 119,279 111,076 103,988 83,728 62,659 45,207 32,791 30,307 31,824 54,434 74,316 Cumulative Collection $118,216 237,495 348,571 452,559 536,287 598,946 644,153 676,944 707,251 739,075 793,510 867,826 YEAR END FORECAST 846,460 825,854 826,971 852,968 859,757 863,379 864,516 866,389 867,826 867,826 867,826 867,826 Projected YE Variance (43,540) (64,146) (63,029) (37,032) (30,243) (26,621) (25,484) (23,611) (22,174) (22,174) (22,174) (22,174) Budget Variance %-5%-7%-7%-4%-3%-3%-3%-3%-2%-2%-2%-2% City of Edmonds 2011 Monthly Revenue Forecasting Model GAS UTILITY TAX - 200,000 400,000 600,000 800,000 1,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Documents and Settings\tarte\My Documents\Book1 11 CHARTS Page 4 of 6 11/1/2011 5:11 PMPacket Page 155 of 352 2011 OUTLOOK 1,423,539 2011 BUDGET 1,563,454 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %6%10%10%6%9%7%10%9%6%11%6%13% Cumulative Forecast %6%15%25%31%40%46%56%65%71%82%87%100% Monthly Forecast $88,105 148,971 149,501 98,560 134,154 101,832 149,200 139,777 97,178 173,153 86,900 196,123 Cumulative Forecast $88,105 237,076 386,576 485,136 619,291 721,123 870,323 1,010,100 1,107,278 1,280,431 1,367,331 1,563,454 Actual Collected $119,046 76,840 134,764 113,698 110,498 110,747 107,157 116,551 118,887 157,658 79,123 178,572 Cumulative Collection $119,046 195,886 330,649 444,347 554,845 665,592 772,749 889,300 1,008,187 1,165,845 1,244,968 1,423,539 YEAR END FORECAST 2,112,514 1,291,816 1,337,266 1,432,002 1,400,756 1,443,059 1,388,171 1,376,477 1,423,539 1,423,539 1,423,539 1,423,539 Projected YE Variance 549,060 (271,638) (226,188) (131,452) (162,698) (120,395) (175,283) (186,977) (139,915) (139,915) (139,915) (139,915) Budget Variance %35%-17%-14%-8%-10%-8%-11%-12%-9%-9%-9%-9% City of Edmonds 2011 Monthly Revenue Forecasting Model TELEPHONE UTILITY TAX - 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 2,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Documents and Settings\tarte\My Documents\Book1 11 CHARTS Page 5 of 6 11/1/2011 5:11 PMPacket Page 156 of 352 2011 OUTLOOK 1,464,996 2011 BUDGET 1,532,043 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %10%12%11%11%9%8%7%6%7%6%7%7% Cumulative Forecast %10%22%32%43%52%60%67%73%80%86%93%100% Monthly Forecast $154,344 180,865 161,039 161,397 142,207 116,798 110,597 96,931 101,381 88,779 112,474 105,231 Cumulative Forecast $154,344 335,209 496,248 657,645 799,852 916,651 1,027,247 1,124,178 1,225,559 1,314,338 1,426,812 1,532,043 Actual Collected $163,770 142,743 151,197 162,822 140,887 113,715 107,579 88,078 101,133 84,894 107,552 100,626 Cumulative Collection $163,770 306,514 457,711 620,533 761,420 875,135 982,714 1,070,792 1,171,925 1,256,819 1,364,371 1,464,996 YEAR END FORECAST 1,625,612 1,400,895 1,413,069 1,445,587 1,458,430 1,462,656 1,465,626 1,459,287 1,464,996 1,464,996 1,464,996 1,464,996 Projected YE Variance 93,569 (131,148) (118,974) (86,456) (73,613) (69,387) (66,417) (72,756) (67,047) (67,047) (67,047) (67,047) Budget Variance %6%-9%-8%-6%-5%-5%-4%-5%-4%-4%-4%-4% City of Edmonds 2011 Monthly Revenue Forecasting Model ELECTRIC UTILITY TAX - 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2011 CUMULATIVE COLLECTIONS Actuals/Trend Budget C:\Documents and Settings\tarte\My Documents\Book1 11 CHARTS Page 6 of 6 11/1/2011 5:11 PMPacket Page 157 of 352 AM-4334   Item #: 2. D. City Council Committee Meetings Date: 11/07/2011 Time:30 Minutes   Submitted For:Jim Tarte Submitted By:Jim Tarte Department:Finance Committee:Finance Type:Information Information Subject Title 3rd Quarter Budget Report 2011 Recommendation from Mayor and Staff Informational purposes Previous Council Action N/A Narrative See attached report Attachments 3rd Qtr Report 2011 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 09:56 AM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Jim Tarte Started On: 11/03/2011  Final Approval Date: 11/03/2011  Packet Page 158 of 352 i CITY OF EDMONDS SEPTEMBER 30, 2011 BUDGET REPORT TABLE OF CONTENTS Summary of Revenue & Expenditures……………………………………………………. ……ii Revenues by Fund-Summary…………..……………….………………………………………..1 Expenditures by Fund-Summary………………………………………………………...………2 Revenues- General Fund Detail…………………………………………………..………….…..3 Expenditure by Fund - Detail All Funds…………………………………………………………………………………..7 Expenditure by Department-Summary General Fund……………………………………………………………………………..13 Combined Utility……………………………………………...……………..…………..13 Expenditure by Department-Detail General Fund……………………………………………………………………………..14 Combined Utility……………………………………………………………………...…19 Packet Page 159 of 352 ii CITY OF EDMONDS SEPTEMBER 30, 2011 BUDGET REPORT SUMMARY OF REVENUE & EXPENDITURES Overview The attached reports provide the following information regarding all City funds: - 2011 revised annual budget of revenue and expenditures - January 2011 through September 2011actual revenues and expenditures - The variance in dollars between budget and actual results - Actual compared to budget expressed as a percentage. September represents 75% of the year (9 months divided by 12 months). Discussed below are the revenues and expenditures where there is a material variance from actual to budget: Revenues: - General Fund – see September General Fund Update for analysis. - LEOFF- Medical Reserve Fund – $188,000 transfers from the general fund occur in June and December. - Combined Street Construction/Improvements Fund – budgeted $1 million in grant revenue, for which the City has not received. - Multimodal Transportation Fund - budgeted $1 million in grant revenue, for which the City has not received. - Real Estate Excise Tax 1 & 2 Funds – Actual revenue is not meeting budget. Yearly budget is $700,000 and actual will be closer to $550,000. See September General Fund Update for chart and analysis. - Special Projects Fund - budgeted $224,000 in grant revenue, for which the City has not received. - Cemetery Maintenance Fund – Actual exceeding budget. Yearly budget is $119,700 and actual will be closer to $160,000. - Parks Construction Fund - budgeted $1,500,000 in grant revenue, for which the City has only received $200,000. - Limited Tax G.O. Bond Fund – receipts occur in May and November. Expect year end to be with 95% of budgeted amount of $465,973. - Combined Utility Construction Improvement Fund - budgeted $5.8 million in debt proceeds, for which the City has not collected. - Firemen’s Pension Fund – budgeted $45,000 in Fire Insurance Tax Revenue, which the City will not collect, due to no longer have firemen on the payroll. Working with the State of Washington to determine if the City is eligible to collect an amount in 2011. Packet Page 160 of 352 iii CITY OF EDMONDS SEPTEMBER 30, 2011 BUDGET REPORT SUMMARY OF REVENUE & EXPENDITURES Expenditures: - General Fund – see September General Fund Update for analysis. - Combined Street Construction/Improvements Fund – due not receiving grant revenue (see above), related expenditures are below budget as well. - Multimodal Transportation Fund - due not receiving grant revenue (see above), related expenditures are below budget as well. - Building Maintenance Fund – actual expenditures of $188,000 are approaching budgeted amount of $190,000 due to under-budgeted maintenance costs. November 2011 budget amendment will be forthcoming. - Hotel/Motel Tax Revenue Fund – actual expenditures across all items are tracking less than budgeted expenditures. - Real Estate Excise Tax 1 Fund – actual expenditures (professional services), are less than budgeted expenditures. - Real Estate Excise Tax 2 Fund – budgeted expenditures related to debt service payments that occur in June and December. - Special Projects Fund - due to not receiving grant revenue (see above), related expenditures are below budget as well. - Parks Construction Fund - due to not receiving grant revenue (see above), related expenditures are below budget as well. - Limited Tax G.O. Bond Fund – budgeted expenditures relate to debt service payments that occur in June and December. - Combined Utility Construction Improvement Fund - due to not receiving debt proceeds (see above), related expenditures are below budget as well. - Capital Improvement Reserve Fund – actual is less than budgeted due to debt service payments occurring in June and December as well as construction projects just starting in September. - Firemen’s Pension Fund – actual expenditures across all items are tracking less than budgeted expenditures. Packet Page 161 of 352 Title 2011 Revised Annual Budget 09/30/2011 Revenues Variance % Received GENERAL FUND 32,578,972 22,084,897 (10,494,075) 68% LEOFF-MEDICAL INS. RESERVE 376,566 188,770 (187,796) 50% PUBLIC SAFETY EMERGENCY RESERVE 1,000 1,912 912 191% DRUG ENFORCEMENT FUND 30,000 62,087 32,087 207% STREET FUND 1,358,000 1,019,014 (338,986) 75% COMBINED STREET CONST/IMPROVE 1,616,863 348,485 (1,268,378) 22% MULTIMODAL TRANSPORTATION FD.1,000,000 999 (999,001) 0% BUILDING MAINTENANCE 207,594 177,097 (30,497) 85% MUNICIPAL ARTS ACQUIS. FUND 58,900 26,192 (32,708) 44% MEMORIAL STREET TREE - 25 25 0% HOTEL/MOTEL TAX REVENUE FUND 75,000 50,300 (24,700) 67% EMPLOYEE PARKING PERMIT FUND 20,000 10,698 (9,302) 53% YOUTH SCHOLARSHIP FUND 3,000 1,154 (1,846) 38% TOURISM PROMOTIONAL FUND/ARTS 18,850 7,368 (11,482) 39% REAL ESTATE EXCISE TAX 2 700,000 421,243 (278,757) 60% REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 700,000 421,344 (278,656) 60% GIFTS CATALOG FUND 4,640 4,305 (335) 93% SPECIAL PROJECTS FUND 224,260 561 (223,699) 0% CEMETERY MAINTENANCE/IMPROVEMT 119,700 121,136 1,436 101% FIRE DONATIONS - - - 0% PARKS CONSTRUCTION FUND 1,989,500 326,544 (1,662,956) 16% PARKS TRUST FUND 37,000 36,682 (318) 99% CEMETERY MAINTENANCE TRUST FD 13,300 14,576 1,276 110% SISTER CITY COMMISSION 5,400 1,090 (4,310) 20% L.I.D. FUND CONTROL - 90,827 90,827 0% L.I.D. GUARANTY FUND - 197 197 0% LIMITED TAX G.O. BOND FUND,465,973 140,487 (325,487) 30% COMBINED UTILITY OPERATION 15,002,937 11,678,754 (3,324,183) 78% COMBINED UTILITY CONST/IMPROVE 7,767,492 954,519 (6,812,973) 12% CAPITAL IMPROVEMENTS RESERVE 947,035 158,093 (788,942) 17% EQUIPMENT RENTAL FUND 926,420 673,408 (253,012) 73% FIREMEN'S PENSION FUND 92,928 24,432 (68,496) 26% TRANSPORTATION BENEFIT DISTRICT 600,000 491,415 (108,585) 82% 66,941,330 39,538,610 (27,402,720) 59% CITY OF EDMONDS REVENUES BY FUND - SUMMARY Page 1 Packet Page 162 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used GENERAL FUND 32,625,068 24,242,794 (8,382,274) 74% LEOFF-MEDICAL INS. RESERVE 481,500 356,150 (125,350) 74% DRUG ENFORCEMENT FUND 80,233 35,130 (45,103) 44% STREET FUND 1,445,442 1,056,138 (389,304) 73% COMBINED STREET CONST/IMPROVE 1,654,795 400,485 (1,254,310) 24% MULTIMODAL TRANSPORTATION FD.1,025,000 - (1,025,000) 0% BUILDING MAINTENANCE 190,994 188,158 (2,836) 99% MUNICIPAL ARTS ACQUIS. FUND 109,050 43,605 (65,445) 40% HOTEL/MOTEL TAX REVENUE FUND 148,250 79,072 (69,178) 53% EMPLOYEE PARKING PERMIT FUND 26,086 13,556 (12,530) 52% YOUTH SCHOLARSHIP FUND 4,000 2,518 (1,482) 63% TOURISM PROMOTIONAL FUND/ARTS 21,000 12,744 (8,256) 61% REAL ESTATE EXCISE TAX 2 917,000 399,371 (517,629) 44% REAL EST EXCISE TAX 1, PARKS ACQ FUND 699,582 92,277 (607,305) 13% GIFTS CATALOG FUND 10,300 3,150 (7,150) 31% SPECIAL PROJECTS FUND 224,962 2,995 (221,967) 1% CEMETERY MAINTENANCE/IMPROVEMT 148,179 106,377 (41,802) 72% PARKS CONSTRUCTION FUND 2,009,500 332,412 (1,677,088) 17% SISTER CITY COMMISSION 4,900 4,110 (790) 84% LIMITED TAX G.O. BOND FUND,465,973 140,486 (325,487) 30% COMBINED UTILITY OPERATION 15,244,494 10,183,583 (5,060,911) 67% COMBINED UTILITY CONST/IMPROVE 11,242,492 2,088,152 (9,154,340) 19% CAPITAL IMPROVEMENTS RESERVE 836,035 137,805 (698,230) 16% EQUIPMENT RENTAL FUND 1,290,114 999,783 (290,331) 77% FIREMEN'S PENSION FUND 132,250 78,930 (53,320) 60% TRANSPORTATION BENEFIT DISTRICT 605,000 491,415 (113,585) 81% 71,642,199 41,491,197 (30,151,003) 58% CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY Page 2 Packet Page 163 of 352 Title 2011 Revised Annual Budget 09/30/2011 Revenues Variance % Received TAXES: REAL PERSONAL / PROPERTY TAX 9,506,114 4,945,326 (4,560,788) 52% EMS PROPERTY TAX 3,233,038 1,833,014 (1,400,024) 57% VOTED PROPERTY TAX 877,984 449,555 (428,429) 51% LOCAL RETAIL SALES/USE TAX 4,524,195 3,408,200 (1,115,995) 75% NATURAL GAS USE TAX 16,667 9,245 (7,422) 55% 1/10 SALES TAX LOCAL CRIM JUST 530,130 385,096 (145,034) 73% GAS UTILITY TAX 890,000 707,251 (182,749) 79% T.V. CABLE UTILITY TAX 698,865 546,505 (152,360) 78% TELEPHONE UTILITY TAX 1,563,454 1,008,187 (555,267) 64% ELECTRIC UTILITY TAX 1,532,043 1,171,925 (360,118) 76% SOLID WASTE UTILITY TAX 285,918 211,978 (73,940) 74% WATER UTILITY TAX 764,082 590,365 (173,717) 77% SEWER UTILITY TAX 470,000 354,661 (115,339) 75% STORMWATER UTILITY TAX 237,600 195,505 (42,096) 82% LEASEHOLD EXCISE TAX 250,938 162,619 (88,319) 65% PULLTABS TAX 61,043 47,244 (13,799) 77% AMUSEMENT GAMES - 206 206 0% 25,442,071 16,026,882 (9,415,189) 63% LICENSES AND PERMITS: FIRE PERMITS-SPECIAL USE 760 5,703 4,943 750% PROF AND OCC LICENSE-TAXI 1,500 480 (1,020) 32% AMUSEMENTS 6,000 2,825 (3,175) 47% BUS. LICENCE PERMIT PENALTY 5,000 4,550 (450) 91% GENERAL BUSINESS LICENSE 117,900 99,196 (18,705) 84% FRANCHISE AGREEMENT-COMCAST 626,069 471,167 (154,903) 75% FRANCHISE AGREEMENT-VERIZON/FRONTIER - 51,952 51,952 FRANCHISE AGREEMENT-BLACKROCK - 3,416 3,416 0% OLYMPIC VIEW WATER DISTRICT FRANCHISE 187,067 147,403 (39,664) 79% DEV SERV PERMIT SURCHARGE 20,000 16,140 (3,860) 81% NON-RESIDENT BUS LICENSE 47,100 25,150 (21,950) 53% RIGHT OF WAY FRANCHISE FEE 6,531 4,115 (2,416) 63% BUILDING STRUCTURE PERMITS 393,016 327,874 (65,142) 83% ANIMAL LICENSES 13,192 6,756 (6,436) 51% STREET AND CURB PERMIT 54,000 37,090 (16,910) 69% OTR NON-BUS LIC/PERMITS 6,694 6,157 (537) 92% DIVE PARK PERMIT FEE - 100 100 0% 1,484,829 1,210,073 (274,756) 81% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - Bullet Proof Vest 4,410 5,228 818 119% EECBG Grant 50,944 73,588 22,644 144% WA ASSOC OF SHERIFFS TRAFFIC GRANT - 1,700 1,700 0% WTSC-NIGHT TIME SEAT BELT ENFORCEMENT - 1,110 1,110 0% TARGET ZERO TEAMS GRANT 5,207 7,784 2,577 149% HIGH VISIBILITY ENFORCEMENT 285 5,036 4,751 1767% Puget Drive Walkway HLP-PB07(009)- 10,221 10,221 0% SMART COMMUTER PROJECT GRANT - 1,080 1,080 0% PUD PRIVILEDGE TAX 180,833 181,533 700 100% JUDICIAL SALARY CONTRIBUTION-STATE 10,000 9,072 (928) 91% MVET/SPECIAL DISTRIBUTION 9,100 6,687 (2,413) 73% CRIMINAL JUSTICE - SPECIAL PROGRAMS 31,952 25,250 (6,702) 79% CITY OF EDMONDS REVENUES - GENERAL FUND Page 3 Packet Page 164 of 352 Title 2011 Revised Annual Budget 09/30/2011 Revenues Variance % Received CITY OF EDMONDS REVENUES - GENERAL FUND DUI - CITIES 7,374 6,519 (855) 88% LIQUOR EXCISE TAX 206,459 147,022 (59,437) 71% LIQUOR BOARD PROFITS 301,085 211,983 (89,103) 70% SHARED COURT COSTS 1,000 13,250 12,250 1325% MUNICIPAL COURT AGREEMENT W/LYNNWOOD - 750 750 0% FIRE DISTRICT #1 STATION BILLINGS - 81,842 81,842 0% POLICE FBI CONTRACTS - (616) (616) 0% DV COORDINATOR SERVICES 9,710 7,609 (2,101) 78% OCDETF OVERTIME - 2,963 2,963 0% CAMPUS SAFETY-EDM. SCH. DIST.11,500 3,261 (8,239) 28% WOODWAY - LAW PROTECTION 10,000 7,858 (2,142) 79% SNO-ISLE 53,833 52,853 (980) 98% 893,692 863,581 (30,111) 97% CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS - 853 853 0% COURT RECORD SERVICES 100 - (100) 0% D/M COURT REC SER - 642 642 0% SALE MAPS & BOOKS - 87 87 0% MUNIC.-DIST. COURT CURR EXPEN 300 120 (180) 40% PHOTOCOPIES - 4,115 4,115 0% POLICE DISCLOSURE REQUESTS 5,200 3,031 (2,169) 58% ASSESSMENT SEARCH - 5 5 0% PASSPORTS AND NATURALIZATION FEES 25,000 7,750 (17,250) 31% POLICE SERVICES SPECIAL EVENTS 25,000 25,556 556 102% DUI EMERGENCY FIRE SERVICES - 600 600 0% ADULT PROBATION SERVICE CHARGE 95,000 51,024 (43,976) 54% ELECTRONIC MONITORING 3,500 - (3,500) 0% ELECTRONIC MONITOR DUI 900 433 (467) 48% BOOKING FEES 7,500 4,300 (3,200) 57% FIRE CONSTRUCTION INSPECTION FEES - 4,500 4,500 0% EMERGENCY SERVICE FEES - 16,262 16,262 0% DUI EMERGENCY AID - 149 149 0% EMS TRANSPORT USER FEE 750,000 625,147 (124,853) 83% POLICE - FINGERPRINTING - 150 150 0% CRIM CNV FEE DUI 1,000 482 (518) 48% CRIM CONV FEE CT 11,000 4,227 (6,773) 38% CRIM CONV FEE CN 3,600 1,507 (2,093) 42% POLICE TRAINING CLASSES 250 - (250) 0% ENGINEERING FEES AND CHARGES 84,000 87,644 3,644 104% ANIMAL CONTROL SHELTER 7,800 5,411 (2,389) 69% ANNUAL VEHICLE FEE (TBD)- (280) (280) 0% ZONING/SUBDIVISION FEE 62,000 34,795 (27,205) 56% FIRE PLAN CHECK FEES 3,235 2,110 (1,125) 65% PLAN CHECKING FEES 200,000 219,322 19,322 110% PLANNING 1% INSPECTION FEE 2,500 2,841 341 114% S.E.P.A. REVIEW 5,000 4,850 (150) 97% CRITICAL AREA STUDY 20,000 14,260 (5,740) 71% SWIM POOL ENTRANCE FEES 60,160 50,593 (9,567) 84% LOCKER FEES 500 399 (102) 80% SWIM CLASS FEES 67,500 21,345 (46,155) 32% PROGRAM FEES 800,000 753,337 (46,663) 94% TAXABLE RECREATION ACTIVITIES 7,500 4,294 (3,206) 57% Page 4 Packet Page 165 of 352 Title 2011 Revised Annual Budget 09/30/2011 Revenues Variance % Received CITY OF EDMONDS REVENUES - GENERAL FUND SWIM TEAM / DIVE TEAM - 31,016 31,016 0% BIRD FEST REGISTRATION FEES - 490 490 0% INTERFUND REIMBURSEMENT-CONTRACT SVCS 1,388,935 1,200,740 (188,195) 86% MISCELLANEOUS POLICE SERVICES - 2,750 2,750 0% 3,637,480 3,186,856 (450,624) 88% FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 9,000 7,885 (1,115) 88% TRAFFIC INFRACTION PENALTIES 70,000 33,588 (36,412) 48% NC TRAFFIC INFRACTION 300,000 214,740 (85,260) 72% CRT COST FEE CODE LEG ASSESSMENT (LGA)- 11,042 11,042 0% SPEEDING DOUBLE - 77 77 0% NON-TRAFFIC INFRACTION PENALTIES - 1,960 1,960 0% OTHER INFRACTIONS '04 700 717 17 102% PARKING INFRACTION PENALTIES 36,000 24,801 (11,200) 69% PR - HANDICAPPED 6,000 641 (5,359) 11% PARKING INFRACTION LOC 600 360 (240) 60% PARK / INDDISZONE - 972 972 0% DWI PENALTIES 9,000 6,633 (2,367) 74% DUI - DP ACCT - 5 5 0% OTHER CRIMINAL TRAF MISDEM PEN 300 1 (299) 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 60,000 29,531 (30,469) 49% OTHER NON-TRAF MISDEMEANOR PEN 1,600 420 (1,180) 26% OTHER NON TRAFFIC MISD. 8/03 16,000 5,510 (10,490) 34% COURT DV PENALTY ASSESSMENT 1,500 1,025 (475) 68% CRIMINAL COSTS-RECOUPMENTS 110,000 90,196 (19,804) 82% JURY DEMAND COST 100 - (100) 0% PUBLIC DEFENSE RECOUPMENT 40,000 28,903 (11,097) 72% COURT INTERPRETER COST 300 235 (65) 78% MISC FINES AND PENALTIES 6,000 480 (5,520) 8% 667,100 459,720 (207,380) 69% MISCELLANEOUS: INVESTMENT INTEREST - 5,802 5,802 0% INTEREST ON COUNTY TAXES - 1,539 1,539 0% INTEREST - COURT COLLECTIONS 3,000 2,359 (641) 79% PARKING - 6,658 6,658 0% SPACE/FACILITIES RENTALS 140,000 122,036 (17,964) 87% GYM AND WEIGHTROOM FEES 7,600 6,186 (1,414) 81% BRACKET ROOM RENTAL - 640 640 0% LEASES LONG-TERM 166,183 130,278 (35,905) 78% VENDING MACHINE CONCESSION 2,000 3,117 1,117 156% OTHER RENTS & USE CHARGES 10,190 10,078 (113) 99% PARKS DONATIONS 3,900 3,709 (191) 95% BIRD FEST CONTRIBUTIONS - 1,459 1,459 0% SALE OF JUNK/SALVAGE - 280 280 0% SALES OF UNCLAIM PROPERTY 5,000 1,030 (3,970) 21% OTHER JUDGEMENT/SETTLEMENT - 14,639 14,639 0% POLICE JUDGMENTS/RESTITUTION 500 75 (425) 15% CASHIER'S OVERAGES/SHORTAGES - 43 43 0% OTHER MISC REVENUES - 2,683 2,683 0% SMALL OVERPAYMENT - 32 32 0% NSF FEES - PARKS & REC - 120 120 0% NSF FEES - MUNICIPAL COURT 700 603 (97) 86% Page 5 Packet Page 166 of 352 Title 2011 Revised Annual Budget 09/30/2011 Revenues Variance % Received CITY OF EDMONDS REVENUES - GENERAL FUND NSF FEES - DEVEL SERV DEPT - 30 30 0% PLANNING SIGN REVENUE - 1,585 1,585 0% 339,073 314,981 (24,092) 93% TRANSFERS-IN: INSURANCE RECOVERIES 10,263 10,263 (0) 100% INTERFUND TRANSFER-IN 25,000 - (25,000) 0% INTERFUND TRANSFER - In 25,086 12,543 (12,543) 50% INTERFUND TRANSFER 54,378 - (54,378) 0% 114,727 22,806 (91,921) 20% TOTAL GENERAL FUND REVENUE 32,578,972 22,084,897 (10,494,075) 68% Page 6 Packet Page 167 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used GENERAL FUND EXPENDITURES: SALARIES AND WAGES 12,239,021 8,836,734 (3,402,287) 72% OVERTIME 306,508 339,137 32,629 111% HOLIDAY BUY BACK 183,345 829 (182,516) 0% BENEFITS 4,297,081 3,016,916 (1,280,165) 70% UNIFORMS 88,730 43,605 (45,125) 49% SUPPLIES 428,854 253,263 (175,591) 59% FUEL CONSUMED 700 - (700) 0% SMALL EQUIPMENT 102,308 33,366 (68,942) 33% PROFESSIONAL SERVICES 2,067,530 1,438,503 (629,027) 70% COMMUNICATIONS 211,072 139,770 (71,302) 66% TRAVEL 51,790 18,405 (33,386) 36% ADVERTISING 65,052 38,248 (26,804) 59% RENTAL/LEASE 148,890 101,967 (46,923) 68% INSURANCE 473,505 473,505 - 100% UTILITIES 435,816 342,020 (93,796) 78% REPAIRS & MAINTENANCE 266,837 148,864 (117,973) 56% MISCELLANEOUS 283,216 189,969 (93,247) 67% INTERGOVERNMENTAL SERVICES 8,181,880 7,743,168 (438,712) 95% ECA CONTINGENCY RESERVE 100,000 83,185 (16,815) 83% EXCISE TAXES 11,000 4,428 (6,572) 40% INTERFUND TRANSFER 583,633 284,595 (299,039) 49% GENERAL OBLIGATION BOND PRINCIPAL 1,026,356 - (1,026,356) 0% CAPITAL LEASES AND INSTALLMENT PURCHASES 62,131 62,752 621 101% OTHER DEBT 22,882 - (22,882) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 339,259 168,488 (170,771) 50% DEBT ISSUE COSTS - 4,515 4,515 0% FISCAL AGENT FEES 1,500 591 (909) 39% INTERFUND SERVICES 256,650 181,320 (75,330) 71% INTERFUND FUEL - 595 595 0% INTERFUND SUPPLIES - 20 20 0% INTERFUND RENTAL 389,522 292,158 (97,364) 75% INTERFUND REPAIRS - 1,879 1,879 0% 32,625,068 24,242,794 (8,382,274) 74% LEOFF-MEDICAL INS. RESERVE: BENEFITS 415,000 293,490 (121,510) 71% In-Home LTC Claims 50,000 61,861 11,861 124% PROFESSIONAL SERVICES 16,500 799 (15,701) 5% 481,500 356,150 (125,350) 74% DRUG ENFORCEMENT FUND: SUPPLIES 200 - (200) 0% FUEL CONSUMED 2,000 2,230 230 112% SMALL EQUIPMENT 5,000 6,960 1,960 139% COMMUNICATIONS 2,233 1,068 (1,165) 48% REPAIR/MAINT 800 - (800) 0% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Page 7 Packet Page 168 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL MISCELLANEOUS 20,000 5,000 (15,000) 25% INTERGOVTL SVC 50,000 19,872 (30,128) 40% 80,233 35,130 (45,103) 44% STREET FUND: SALARIES AND WAGES 478,982 391,834 (87,148) 82% OVERTIME 22,675 16,424 (6,251) 72% BENEFITS 186,803 155,776 (31,027) 83% UNIFORMS 7,300 5,006 (2,294) 69% SUPPLIES 199,000 148,291 (50,709) 75% SMALL EQUIPMENT 34,136 3,056 (31,080) 9% PROFESSIONAL SERVICES 37,500 1,379 (36,121) 4% COMMUNICATIONS 3,000 1,884 (1,116) 63% TRAVEL 1,000 - (1,000) 0% RENTAL/LEASE 1,500 827 (673) 55% INSURANCE 57,707 57,707 - 100% UTILITIES 244,200 185,990 (58,210) 76% REPAIRS & MAINTENANCE 23,000 5,972 (17,028) 26% MISCELLANEOUS 5,000 6,945 1,945 139% INTERGOVERNMENTAL SERVICES 6,000 1,813 (4,187) 30% GENERAL OBLIGATION BOND PRINCIPAL 37,408 - (37,408) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 7,773 3,886 (3,887) 50% FISCAL AGENT FEES 22 21 (1) 97% INTERFUND RENTAL 92,436 69,327 (23,109) 75% 1,445,442 1,056,138 (389,304) 73% COMBINED STREET CONST/IMPROVE: PROFESSIONAL SERVICES 615,000 111,969 (503,031) 18% INTERFUND TRANSFER OUT 41,891 41,891 (0) 100% CONST SURFACE CONST PROJECTS 837,000 133,455 (703,545) 16% INTERGOVERNMENTAL LOANS 72,202 72,201 (1) 100% INTEREST ON INTERGOVERNMENTAL LOANS 5,202 5,201 (1) 100% INTERFUND SERVICES 83,500 35,767 (47,733) 43% 1,654,795 400,485 (1,254,310) 24% MULTIMODAL TRANSPORTATION FD: PROFESSIONAL SVC 1,000,000 - (1,000,000) 0% INTERFUND TRANSFER 25,000 (25,000) 0% 1,025,000 - (1,025,000) 0% BUILDING MAINTENANCE: SUPPLIES - 2,890 2,890 0% PROFESSIONAL SERVICES 20,000 31,241 11,241 156% REPAIRS & MAINTENANCE 170,794 153,682 (17,112) 90% MISCELLANEOUS - 345 345 INTERFUND TRANSFER 200 - (200) 0% 190,994 188,158 (2,836) 99% Page 8 Packet Page 169 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL MUNICIPAL ARTS ACQUIS. FUND: SUPPLIES 4,200 412 (3,788) 10% SMALL EQUIPMENT 1,000 348 (652) 35% PROFESSIONAL SERVICES 86,500 36,798 (49,702) 43% TRAVEL 50 22 (28) 43% ADVERTISING 4,000 741 (3,259) 19% RENTAL/LEASE 1,000 - (1,000) 0% REPAIRS & MAINTENANCE 300 - (300) 0% MISCELLANEOUS 9,000 5,285 (3,715) 59% INTERFUND TRANSFER 3,000 - (3,000) 0% 109,050 43,605 (65,445) 40% HOTEL/MOTEL TAX REVENUE FUND: PROFESSIONAL SERVICES 85,500 47,638 (37,862) 56% ADVERTISING 35,000 21,788 (13,212) 62% MISCELLANEOUS 5,000 847 (4,153) 17% TRANSFER TO FUND 623 22,750 8,799 (13,951) 39% 148,250 79,072 (69,178) 53% EMPLOYEE PARKING PERMIT FUND: SUPPLIES 1,000 1,013 13 101% INTERFUND TRANSFER 25,086 12,543 (12,543) 50% 26,086 13,556 (12,530) 52% YOUTH SCHOLARSHIP FUND: MISCELLANEOUS 4,000 2,518 (1,482) 63% 4,000 2,518 (1,482) 63% TOURISM PROMOTIONAL FUND/ARTS: PROFESSIONAL SVC 10,500 5,500 (5,000) 52% ADVERTISING 4,500 4,003 (497) 89% MISCELLANEOUS 6,000 3,241 (2,759) 54% 21,000 12,744 (8,256) 61% REAL ESTATE EXCISE TAX 2: SUPPLIES 30,000 28,201 (1,799) 94% PROFESSIONAL SERVICES 330,000 15,150 (314,850) 5% REPAIRS & MAINTENANCE 65,000 114,272 49,272 176% INTERFUND TRANSFER 452,000 108,061 (343,939) 24% CONSTRUCTION PROJECTS 40,000 18,230 (21,770) 46% INTERFUND SERVICES - 115,457 115,457 0% 917,000 399,371 (517,629) 44% REAL ESTATE EXCISE TAX 1, PARKS ACQ: MISCELLANEOUS - 302 302 0% TRANSFER TO FUND 234 69,480 17,240 (52,240) 25% 1998 REF BOND PRINCIPAL 481,677 - (481,677) 0% Page 9 Packet Page 170 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 2001 BONDS, B - INTEREST 148,425 74,212 (74,213) 50% FISCAL AGENT FEES - 524 524 0% 699,582 92,277 (607,305) 13% GIFTS CATALOG FUND: SUPPLIES 5,300 3,150 (2,150) 59% PROFESSIONAL SERVICES 5,000 - (5,000) 0% 10,300 3,150 (7,150) 31% SPECIAL PROJECTS FUND: PROFESSIONAL SERVICES 8,852 2,995 (5,857) 34% CONSTRUCTION 216,110 - (216,110) 0% 224,962 2,995 (221,967) 1% CEMETERY MAINTENANCE/IMPROVEMENT: SALARIES AND WAGES 66,930 50,216 (16,714) 75% OVERTIME 2,500 2,493 (7) 100% BENEFITS 29,449 22,713 (6,736) 77% UNIFORMS 1,000 183 (817) 18% SUPPLIES 7,000 1,777 (5,223) 25% SUPPLIES PURCHASED FOR INVENTORY/RESALE 20,000 15,398 (4,602) 77% PROFESSIONAL SERVICES 1,000 200 (800) 20% COMMUNICATIONS 1,412 1,024 (388) 73% TRAVEL 1,000 - (1,000) 0% ADVERTISING 3,000 1,851 (1,149) 62% UTILITIES 3,800 2,375 (1,425) 63% REPAIRS & MAINTENANCE 500 - (500) 0% MISCELLANEOUS 1,000 3,206 2,206 321% INTERFUND SERVICES 3,000 - (3,000) 0% INTERFUND RENTAL 6,588 4,941 (1,647) 75% 148,179 106,377 (41,802) 72% PARKS CONSTRUCTION FUND: SUPPLIES 3,000 3,560 560 119% PROFESSIONAL SERVICES 53,000 69,655 16,655 131% CONSTRUCTION PROJECTS 1,953,500 259,197 (1,694,303) 13% 2,009,500 332,412 (1,677,088) 17% SISTER CITY COMMISSION: SUPPLIES 500 - (500) 0% STUDENT TRIP 2,400 2,638 238 110% MISCELLANEOUS 2,000 1,472 (528) 74% 4,900 4,110 (790) 84% LIMITED TAX G.O. BOND FUND: 2002 BOND PRINCIPAL 185,000 - (185,000) 0% Page 10 Packet Page 171 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 2002 BOND INTEREST 280,973 140,486 (140,487) 50% 465,973 140,486 (325,487) 30% COMBINED UTILITY OPERATION: SALARIES AND WAGES 2,835,153 2,025,237 (809,916) 71% OVERTIME 120,746 73,794 (46,952) 61% BENEFITS 1,081,342 801,157 (280,185) 74% UNIFORMS 29,900 18,217 (11,683) 61% SUPPLIES 642,790 429,610 (213,180) 67% FUEL CONSUMED 70,000 56,776 (13,224) 81% WATER PURCHASED FOR RESALE 1,496,000 903,952 (592,048) 60% SUPPLIES PURCHASED FOR INVENTORY/RESALE 143,000 64,162 (78,838) 45% SMALL EQUIPMENT 25,300 13,219 (12,081) 52% PROFESSIONAL SERVICES 206,415 64,216 (142,199) 31% COMMUNICATIONS 71,730 46,714 (25,016) 65% TRAVEL 20,050 269 (19,781) 1% ADVERTISING 2,760 4,203 1,443 152% RENTAL/LEASE 29,780 6,271 (23,509) 21% INSURANCE 416,576 416,576 - 100% UTILITIES 943,290 823,979 (119,311) 87% REPAIRS & MAINTENANCE 108,350 48,626 (59,724) 45% MISCELLANEOUS 458,930 419,734 (39,196) 91% INTERGOVERNMENTAL SERVICES 562,600 128,297 (434,303) 23% INTERFUND TAXES 1,471,682 1,140,530 (331,152) 77% INTERFUND TRANSFER 1,978,975 768,959 (1,210,016) 39% LAND - 138,946 138,946 0% BUILDINGS - 163,525 163,525 0% MACHINERY/EQUIPMENT 20,000 - (20,000) 0% GENERAL OBLIGATION BOND PRINCIPAL 107,002 - (107,002) 0% REVENUE BOND PRINCIPAL 368,506 - (368,506) 0% INTERGOVERNMENTAL LOANS 160,398 180,397 19,999 112% INTEREST ON LONG-TERM EXTERNAL DEBT 180,559 96,162 (84,397) 53% DEBT ISSUE COSTS - 24,827 24,827 0% FISCAL AGENT FEES - 253 253 0% INTERFUND SERVICES 1,326,682 1,052,366 (274,316) 79% INTERFUND RENTAL 363,478 272,610 (90,868) 75% INTERFUND REPAIRS 2,500 - (2,500) 0% 15,244,494 10,183,583 (5,060,911) 67% COMBINED UTILITY CONST/IMPROVE: PROFESSIONAL SERVICES 1,489,000 1,546,113 57,113 104% INTERFUND SERVICE 390,500 - (390,500) 0% CONSTRUCTION PROJECTS 9,362,992 542,039 (8,820,953) 6% 11,242,492 2,088,152 (9,154,340) 19% CAPITAL IMPROVEMENTS RESERVE: PROFESSIONAL SERVICES - 14,872 14,872 0% Page 11 Packet Page 172 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL CONSTRUCTION PROJECTS 560,000 34,601 (525,399) 6% GENERAL OBLIGATION BOND PRINCIPAL 81,984 - (81,984) 0% REVENUE BONDS 55,305 - (55,305) 0% INTERGOVERNMENTAL LOANS 34,875 34,875 - 100% INTEREST ON LONG-TERM DEBT 103,871 53,337 (50,534) 51% FISCAL AGENT FEES - 120 120 0% 836,035 137,805 (698,230) 16% EQUIPMENT RENTAL FUND: SALARIES AND WAGES 214,227 159,417 (54,810) 74% OVERTIME 2,000 1,161 (839) 58% BENEFITS 87,833 73,372 (14,461) 84% UNIFORMS 1,000 624 (376) 62% SUPPLIES 76,000 63,152 (12,848) 83% FUEL CONSUMED 1,000 787 (213) 79% SUPPLIES PURCHASED FOR INVENTORY/RESALE 294,600 215,373 (79,227) 73% SMALL EQUIPMENT 20,000 8,588 (11,412) 43% PROFESSIONAL SERVICES 1,000 864 (136) 86% COMMUNICATIONS 3,500 1,793 (1,707) 51% TRAVEL 500 - (500) 0% ADVERTISING 500 - (500) 0% RENTAL/LEASE 3,500 - (3,500) 0% INSURANCE 23,624 25,259 1,635 107% UTILITIES 14,000 9,783 (4,217) 70% REPAIRS & MAINTENANCE 75,000 32,490 (42,510) 43% MISCELLANEOUS 7,500 1,305 (6,195) 17% INTERGOVERNMENTAL SERVICES 4,000 2,050 (1,950) 51% MACHINERY/EQUIPMENT 406,878 393,676 (13,202) 97% INTERFUND SERVICES 40,000 - (40,000) 0% INTERFUND RENTAL 13,452 10,089 (3,363) 75% 1,290,114 999,783 (290,331) 77% FIREMEN'S PENSION FUND: SALARIES - 3,992 3,992 0% BENEFITS 71,000 33,275 (37,725) 47% PENSION PAYMENTS 56,750 41,337 (15,413) 73% PROF SERVICES 4,500 326 (4,174) 7% 132,250 78,930 (53,320) 60% TRANSPORTATION BENEFIT DISTRICT: INSURANCE 5,000 5,000 - 100% INTERGOVTL SERVICES 600,000 486,415 (113,585) 81% 605,000 491,415 (113,585) 81% Grand Totals of Expenditures by Fund 71,642,199 41,491,197 (30,151,003) 58% Page 12 Packet Page 173 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used CITY COUNCIL 316,996 204,519 (112,477) 65% OFFICE OF MAYOR 270,821 184,686 (86,135) 68% HUMAN RESOURCES 339,161 224,175 (114,986) 66% MUNICIPAL COURT 750,001 567,057 (182,944) 76% ECONOMIC DEVELOPMENT 78,100 26,979 (51,121) 35% CITY CLERK 582,667 373,621 (209,046) 64% ADMINISTRATIVE SERVICES 1,284,030 893,046 (390,984) 70% CITY ATTORNEY 564,000 444,158 (119,842) 79% NON-DEPARTMENTAL 10,924,121 8,891,045 (2,033,076) 81% POLICE SERVICES 8,844,747 6,316,458 (2,528,289) 71% FIRE SERVICES - - - 0% COMMUNITY SERVICES 335,228 229,475 (105,753) 68% DEVELOPMENT SERVICES 1,950,967 1,220,805 (730,162) 63% PARKS & RECREATION 3,405,225 2,515,035 (890,190) 74% PUBLIC WORKS 1,534,966 1,089,004 (445,962) 71% FACILITIES MAINTENANCE 1,444,038 1,062,731 (381,307) 74% 32,625,068 24,242,794 (8,382,274) 74% Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used STORM DRAINAGE UTILITY 2,867,715 2,084,305 (783,410) 73% WATER 5,057,060 3,493,197 (1,563,863) 69% SEWER 3,975,928 2,401,120 (1,574,808) 60% TREATMENT PLANT 3,343,791 2,204,961 (1,138,830) 66% 15,244,494 10,183,583 (5,060,911) 67% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY CITY OF EDMONDS EXPENDITURES - COMBINED UTILITY- BY DEPARTMENT IN SUMMARY Page 13 Packet Page 174 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used CITY COUNCIL SALARIES 114,743 77,811 (36,932) 68% OVERTIME 5,590 4,853 (737) 87% BENEFITS 105,563 77,879 (27,684) 74% SUPPLIES 1,000 751 (249) 75% SMALL EQUIPMENT - 690 690 0% PROFESSIONAL SVC 60,000 40,582 (19,418) 68% COMMUNICATIONS 100 47 (53) 47% TRAVEL 1,500 536 (964) 36% REPAIRS/MAINT 1,500 161 (1,339) 11% MISCELLANEOUS 27,000 1,208 (25,792) 4% 316,996 204,519 (112,477) 65% OFFICE OF MAYOR SALARIES 194,527 142,200 (52,327) 73% BENEFITS 64,194 35,986 (28,208) 56% SUPPLIES 3,000 1,156 (1,844) 39% PROFESSIONAL SVC 1,100 36 (1,064) 3% COMMUNICATION 1,400 1,994 594 142% TRAVEL 1,500 117 (1,383) 8% RENTAL/LEASE 1,500 1,154 (346) 77% REPAIR/MAINT 100 372 272 372% MISCELLANEOUS 3,500 1,671 (1,829) 48% 270,821 184,686 (86,135) 68% HUMAN RESOURCES SALARIES 171,223 152,257 (18,966) 89% OVERTIME - 131 BENEFITS 59,928 41,917 (18,011) 70% SUPPLIES 2,500 1,422 (1,078) 57% SMALL EQUIPMENT 100 - (100) 0% PROFESSIONAL SVC 74,000 10,534 (63,466) 14% COMMUNICATIONS 500 1,194 694 239% TRAVEL 500 70 (430) 14% ADVERTISING 10,000 7,440 (2,560) 74% RENTAL/LEASE 2,000 1,017 (983) 51% REPAIR/MAINT 6,000 5,181 (819) 86% MISCELLANEOUS 12,410 3,014 (9,396) 24% 339,161 224,175 (115,116) 66% MUNICIPAL COURT SALARIES 474,675 355,958 (118,717) 75% OVERTIME 2,900 851 (2,049) 29% BENEFITS 169,501 123,408 (46,093) 73% SUPPLIES 17,000 8,246 (8,754) 49% SMALL EQUIPMENT 8,350 11,037 2,687 132% PROFESSIONAL SERVICES 54,000 46,569 (7,431) 86% COMMUNICATIONS 2,300 1,910 (390) 83% TRAVEL 2,500 1,138 (1,362) 46% RENTAL/LEASE 1,700 837 (863) 49% REPAIR/MAINT 8,875 869 (8,006) 10% MISC - JURY 3,200 16,056 12,856 502% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Page 14 Packet Page 175 of 352 CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL INTERGOVTL SVC 5,000 178 (4,822) 4% 750,001 567,057 (182,944) 76% ECONOMIC DEVELOPMENT SUPPLIES 1,000 125 (875) 13% SMALL EQUIPMENT 400 - (400) 0% PROFESSIONAL SERVICES 35,800 17,518 (18,282) 49% COMMUNICATIONS 9,400 17 (9,383) 0% TRAVEL 1,500 138 (1,362) 9% ADVERTISING 25,000 7,724 (17,276) 31% MISCELLANEOUS 5,000 1,457 (3,543) 29% 78,100 26,979 (51,121) 35% CITY CLERK SALARIES AND WAGES 317,549 203,542 (114,007) 64% BENEFITS 104,791 62,650 (42,141) 60% SUPPLIES 13,760 7,632 (6,128) 55% PROFESSIONAL SERVICES 27,250 24,583 (2,667) 90% COMMUNICATIONS 59,050 34,007 (25,043) 58% TRAVEL 2,000 91 (1,910) 5% ADVERTISING 20,420 16,000 (4,420) 78% RENTAL/LEASE 23,810 16,279 (7,531) 68% REPAIRS & MAINTENANCE 8,037 7,648 (389) 95% MISCELLANEOUS 6,000 1,189 (4,811) 20% 582,667 373,621 (209,046) 64% ADMINISTRATIVE SERVICES SALARIES 561,171 433,272 (127,899) 77% OVERTIME 6,100 6,871 771 113% BENEFITS 192,280 130,029 (62,251) 68% SUPPLIES 77,440 18,099 (59,341) 23% SMALL EQUIPMENT 65,760 9,557 (56,203) 15% PROFESSIONAL SERVICES 189,751 174,872 (14,879) 92% COMMUNICATIONS 57,208 40,979 (16,229) 72% TRAVEL 3,300 298 (3,002) 9% RENTAL/LEASE 13,600 4,503 (9,097) 33% REPAIR/MAINT 106,180 64,946 (41,234) 61% MISCELLANEOUS 9,500 8,314 (1,186) 88% INTERFUND RENTAL 1,740 1,305 (435) 75% 1,284,030 893,046 (390,984) 70% CITY ATTORNEY PROFESSIONAL SVC 561,000 444,158 (116,842) 79% MISC PROSECUTOR 3,000 - (3,000) 0% 564,000 444,158 (119,842) 79% NON-DEPARTMENTAL BENEFITS - UNEMPLOYMENT 140,000 6,889 (133,111) 5% PROFESSIONAL SVC PUB DEF 323,398 204,664 (118,734) 63% COMMUNICATIONS - 13 RENTAL/LEASE 3,600 3,000 (600) 83% INSURANCE 473,505 473,505 - 100% MISCELLANEOUS 87,111 51,270 (35,841) 59% INTERGOVT SVC 7,493,096 7,361,831 (131,265) 98% ECA LOAN PAYMENT 100,000 83,185 (16,815) 83% Page 15 Packet Page 176 of 352 CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL EXCISE TAXES 11,000 4,428 (6,572) 40% INTERFUND TRANSFERS 583,633 284,595 (299,039) 49% GENERAL OBLIGATION BOND 1,026,356 - (1,026,356) 0% INSTALLMENT PURCHASES 62,131 62,752 621 101% OTHER DEBT 22,882 - (22,882) 0% INTEREST ON LONG-TERM DEBT 339,259 168,488 (170,771) 50% DEBT ISSUANCE COSTS - 4,515 4,515 0% FISCAL AGENT FEES 1,500 591 (909) 39% INTERFUND SERVICES 256,650 181,320 (75,330) 71% 10,924,121 8,891,045 (2,033,089) 81% POLICE SERVICES SALARIES 5,287,861 3,843,601 (1,444,260) 73% OVERTIME 262,202 315,041 52,839 120% HOLIDAY BUYBACK 183,345 829 (182,516) 0% BENEFITS 1,775,762 1,355,147 (420,615) 76% UNIFORMS 78,250 39,349 (38,901) 50% SUPPLIES 95,954 62,587 (33,367) 65% SMALL EQUIPMENT 12,550 7,591 (4,959) 60% PROFESSIONAL SVC 119,153 60,668 (58,485) 51% COMMUNICATIONS 26,328 20,545 (5,783) 78% TRAVEL 25,450 13,022 (12,428) 51% ADVERTISING 1,000 77 (923) 8% RENTAL/LEASE 17,000 14,264 (2,736) 84% REPAIR/MAINT 20,590 3,562 (17,028) 17% MISCELLANEOUS 40,420 23,617 (16,803) 58% INTERGOVTL SVC 619,534 344,554 (274,980) 56% INTERFUND FUEL - BOAT - 595 595 0% INTERFUND SUPPLIES - 20 20 0% INTERFUND RENTAL 279,348 209,511 (69,837) 75% INTERFUND REPAIRS - 1,879 1,879 0% 8,844,747 6,316,458 (2,528,289) 71% FIRE SERVICES COMMUNICATION - - - 0% - - - 0% COMMUNITY SERVICES ADMIN SALARIES 210,934 154,610 (56,324) 73% BENEFITS 65,390 44,304 (21,086) 68% SUPPLIES 1,000 426 (574) 43% SMALL EQUIPMENT 500 131 (369) 26% PROFESSIONAL SVC 50,514 26,105 (24,409) 52% COMMUNICATIONS 690 1,220 530 177% TRAVEL 1,500 138 (1,362) 9% ADVERTISING 500 - (500) 0% RENTAL/LEASE 1,320 1,017 (303) 77% REPAIR/MAINT 500 235 (265) 47% MISCELLANEOUS 2,000 1,000 (1,000) 50% INTERFUND RENTAL 380 288 (92) 76% 335,228 229,475 (105,753) 68% DEVELOPMENT SERVICES/PLANNING SALARIES 1,253,728 802,574 (451,154) 64% OVERTIME 1,520 1,985 465 131% Page 16 Packet Page 177 of 352 CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL BENEFITS 413,909 274,489 (139,420) 66% UNIFORMS 320 - (320) 0% SUPPLIES 26,000 12,491 (13,509) 48% MINOR EQUIPMENT 1,900 435 (1,465) 23% PROFESSIONAL SVC 158,930 83,469 (75,461) 53% COMMUNICATIONS 5,530 3,303 (2,227) 60% TRAVEL 6,880 69 (6,811) 1% ADVERTISING 3,780 3,833 53 101% RENTAL/LEASE 27,590 15,926 (11,664) 58% REPAIRS & MAINTENANCE 5,443 259 (5,184) 5% MISCELLANEOUS 35,805 14,747 (21,058) 41% INTERFUND RENTAL 9,632 7,227 (2,405) 75% 1,950,967 1,220,805 (730,162) 63% ENGINEERING SALARIES 889,718 656,364 (233,354) 74% OVERTIME 11,965 938 (11,027) 8% BENEFITS 293,607 218,398 (75,209) 74% UNIFORMS 620 - (620) 0% MINOR EQUIPMENT 500 264 (236) 53% PROFESSIONAL SVC 5,000 - (5,000) 0% COMMUNICATIONS 7,000 4,020 (2,980) 57% TRAVEL 620 - (620) 0% ADVERTISING 500 - (500) 0% REPAIR/MAINT 1,780 309 (1,471) 17% MISCELLANEOUS 5,400 5,366 (34) 99% INTERFUND RENTAL 8,324 6,246 (2,078) 75% 1,225,034 891,904 (333,130) 73% PARKS & RECREATION SALARIES 1,908,402 1,373,254 (535,148) 72% OVERTIME 6,000 6,248 248 104% Employee Benefits 598,333 416,358 (181,975) 70% UNIFORMS 6,540 2,569 (3,971) 39% SUPPLIES 114,590 79,990 (34,600) 70% SMALL EQUIPMENT 4,000 2,806 (1,194) 70% PROFESSIONAL SVC 357,534 273,647 (83,887) 77% COMMUNICATIONS 25,566 19,033 (6,533) 74% TRAVEL 3,940 887 (3,053) 23% ADVERTISING 3,852 3,175 (677) 82% RENTAL/LEASE 49,470 37,939 (11,531) 77% PUBLIC UTILITY 133,416 133,363 (53) 100% REPAIRS & MAINTENANCE 24,918 21,186 (3,732) 85% MISCELLANEOUS 38,570 58,585 20,015 152% INTERGOVTL SVC 64,250 36,604 (27,646) 57% INTERFUND RENTAL 65,844 49,392 (16,452) 75% 3,405,225 2,515,035 (890,190) 74% PUBLIC WORKS SALARIES 217,647 127,450 (90,197) 59% OVERTIME 200 43 (157) 22% BENEFITS 71,823 38,457 (33,366) 54% SUPPLIES 5,000 3,317 (1,683) 66% PROFESSIONAL SERVICES 100 15,530 15,430 15530% COMMUNICATIONS 1,000 1,764 764 176% TRAVEL 600 1,901 1,301 317% Page 17 Packet Page 178 of 352 CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL RENTAL/LEASE 7,300 6,032 (1,268) 83% PUBLIC UTILITY 2,400 1,721 (679) 72% REPAIR/MAINT 1,000 - (1,000) 0% MISCELLANEOUS 2,200 390 (1,810) 18% INTERFUND RENTAL 662 495 (167) 75% 309,932 197,100 (112,832) 64% FACILITIES MAINTENANCE SALARIES 636,843 513,841 (123,002) 81% OVERTIME 10,031 2,177 (7,854) 22% BENEFITS 242,000 191,006 (50,994) 79% UNIFORMS 3,000 1,687 (1,313) 56% SUPPLIES 70,610 57,020 (13,590) 81% FUEL CONSUMED 700 - (700) 0% MINOR EQUIPMENT 8,248 855 (7,393) 10% PROFESSIONAL SERVICES 50,000 15,570 (34,430) 31% COMMUNICATIONS 15,000 9,724 (5,276) 65% PUBLIC UTILITY 300,000 206,936 (93,064) 69% REPAIR/MAINT 81,914 44,137 (37,777) 54% MISCELLANEOUS 2,100 2,084 (16) 99% INTERFUND RENTAL 23,592 17,694 (5,898) 75% 1,444,038 1,062,731 (381,307) 74% Grand Totals of General Fund Expenditures 32,625,068 24,242,794 (8,382,418) 74% Page 18 Packet Page 179 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used STORM DRAINAGE SALARIES 556,103 344,610 (211,493) 62% OVERTIME 24,566 6,504 (18,062) 26% BENEFITS 214,041 145,185 (68,856) 68% UNIFORMS 7,750 3,993 (3,757) 52% SUPPLIES 49,500 35,609 (13,891) 72% MINOR EQUIPMENT 4,000 - (4,000) 0% PROFESSIONAL SERVICES 22,115 1,895 (20,220) 9% COMMUNICATIONS 3,230 760 (2,470) 24% TRAINING 4,330 - (4,330) 0% ADVERTISING 500 - (500) 0% RENTAL/LEASE 21,500 557 (20,943) 3% INSURANCE 58,112 58,112 - 100% UTILITIES 10,000 6,617 (3,383) 66% REPAIR/MAINT 13,000 6,845 (6,155) 53% MISCELLANEOUS 68,500 72,870 4,370 106% INTERGOVT SERVICE 40,000 21,447 (18,553) 54% STORMWATER TAX 237,600 195,505 (42,096) 82% INTERFUND TRANSFER 618,126 300,000 (318,126) 49% LAND 0 138,946 138,946 0% BUILDINGS 0 163,525 163,525 0% MACHINERY/EQUIPMENT 20000 - (20,000) 0% GENERAL OBLIGATION BOND 103,600 - (103,600) 0% REVENUE BOND 36,005 - (36,005) 0% INTERGOVERNMENTAL LOAN 32,063 32,063 (1) 100% INTEREST ON LONG-TERM DEBT 86,577 44,693 (41,885) 52% DEBT ISSUE COSTS - 102 102 0% INTERFUND SERVICES 464,429 375,418 (89,011) 81% INTERFUND RENTAL 172,068 129,051 (43,017) 75% 2,867,715 2,084,305 (783,410) 73% WATER SALARIES 657,891 516,250 (141,641) 78% OVERTIME 24,180 17,658 (6,522) 73% BENEFITS 242,022 197,088 (44,934) 81% UNIFORMS 6,800 2,956 (3,844) 43% SUPPLIES 135,000 119,562 (15,438) 89% WATER PURCHASED FOR RESALE 1,496,000 903,952 (592,048) 60% SUPPLIES PURCHASED FOR INVENTORY/RESALE 140,000 64,162 (75,838) 46% SMALL EQUIPMENT 10,000 6,572 (3,428) 66% PROFESSIONAL SVC 74,300 23,053 (51,247) 31% COMMUNICATIONS 30,000 20,772 (9,228) 69% TRAVEL 4,820 - (4,820) 0% ADVERTISING 560 - (560) 0% RENTAL/LEASE 1,500 950 (550) 63% INSURANCE 84,512 84,512 - 100% PUBLIC UTILITY 28,000 17,629 (10,371) 63% REPAIR/MAINT 22,300 7,784 (14,516) 35% RCP - MISCELLANEOUS 211,630 213,923 2,293 101% CITY OF EDMONDS EXPENDITURES - COMBINED UTILITY- BY DEPARTMENT IN DETAIL Page 19 Packet Page 180 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used CITY OF EDMONDS EXPENDITURES - COMBINED UTILITY- BY DEPARTMENT IN DETAIL INTERGOVTL SVC 30,000 28,405 (1,595) 95% WATER TAX 764,082 590,365 (173,717) 77% INTERFUND TRANSFER-OUT 418,126 200,000 (218,126) 48% GENERAL OBLIGATION BOND 1,890 - (1,890) 0% REVENUE BOND 119,149 - (119,149) 0% INTERGOVERNMENTAL LOANS 24,270 44,270 20,000 182% INTEREST ON LONG-TERM DEBT 53,713 27,706 (26,007) 52% AMORTIZED DEBT ISSUE COSTS - 12,414 12,414 0% FISCAL AGENT FEES - 151 151 0% INTERFUND SVC 388,861 327,471 (61,390) 84% INTERFUND RENTAL 87,454 65,592 (21,862) 75% 5,057,060 3,493,197 (1,563,863) 69% SEWER SALARIES 424,167 328,571 (95,596) 77% OVERTIME 17,000 13,980 (3,020) 82% BENEFITS 182,392 143,753 (38,639) 79% UNIFORMS 5,100 3,567 (1,533) 70% SUPPLIES 52,500 27,189 (25,311) 52% SEWER INVENTORY 3,000 - (3,000) 0% SMALL EQUIPMENT 6,000 5,296 (705) 88% PROFESSIONAL SVC 51,000 3,843 (47,157) 8% COMMUNICATIONS 30,000 18,934 (11,066) 63% TRAVEL 2,400 - (2,400) 0% ADVERTISING 500 - (500) 0% RENTAL/LEASE 1,800 2,435 635 135% INSURANCE 186,175 186,175 - 100% PUBLIC UTILITY 460,000 493,058 33,058 107% REPAIR/MAINT 15,000 5,517 (9,483) 37% MISCELLANEOUS 100,000 83,884 (16,116) 84% INTERGOVTL SVS 393,900 41,040 (352,860) 10% SEWER UTILITY TAX 470,000 354,661 (115,339) 75% INTERFUND TRANSFER 942,723 268,959 (673,764) 29% GENERAL OBLIGATION BOND 1,512 - (1,512) 0% REVENUE BONDS 108,915 - (108,915) 0% INTERGOVERNMENTAL LOANS 104,065 104,065 (0) 100% INTEREST ON LONG-TERM DEBT 24,711 15,985 (8,727) 65% AMORTIZED DEBT ISSUE COSTS - 12,413 12,413 0% INTERFUND SVC 293,392 214,913 (78,479) 73% INTERFUND RENTAL 97,176 72,882 (24,294) 75% INTERFUND REPAIR/MAINT 2,500 - (2,500) 0% 3,975,928 2,401,120 (1,574,808) 60% TREATMENT PLANT SALARIES 1,196,992 835,805 (361,187) 70% OVERTIME 55,000 35,652 (19,348) 65% BENEFITS 442,887 315,130 (127,757) 71% UNIFORMS 10,250 7,701 (2,549) 75% SUPPLIES 405,790 247,249 (158,541) 61% FUEL CONSUMED 70,000 56,776 (13,224) 81% Page 20 Packet Page 181 of 352 Title 2011 Revised Annual Budget 9/30/2011 Expenditures Variance % Used CITY OF EDMONDS EXPENDITURES - COMBINED UTILITY- BY DEPARTMENT IN DETAIL SMALL EQUIPMENT 5,300 1,351 (3,949) 25% PROFESSIONAL SVC 59,000 35,425 (23,575) 60% COMMUNICATIONS 8,500 6,248 (2,252) 74% TRAVEL 8,500 269 (8,231) 3% ADVERTISING 1,200 4,203 3,003 350% RENTAL/LEASE 4,980 2,328 (2,652) 47% INSURANCE 87,777 87,777 - 100% UTILITIES 445,290 306,675 (138,615) 69% REPAIR/MAINT 58,050 28,480 (29,570) 49% MISCELLANEOUS 78,800 49,057 (29,743) 62% INTERGOVTL SVS 98,700 37,405 (61,295) 38% REVENUE BOND 104,437 - (104,437) 0% INTEREST ON LONG-TERM DEBT 15,558 7,779 (7,779) 50% INTERFUND SVC 180,000 134,565 (45,435) 75% INTERFUND RENTAL 6,780 5,085 (1,695) 75% 3,343,791 2,204,961 (1,138,830) 66% Grand Totals of Combined Utility Fund Expenditures 15,244,494 10,183,583 (5,060,911) 67% Page 21 Packet Page 182 of 352 AM-4342   Item #: 2. E. City Council Committee Meetings Date: 11/07/2011 Time:10 Minutes   Submitted By:Sandy Chase Department:City Clerk's Office Committee:Finance Type:Information Information Subject Title Public Facilities District bond payment. Recommendation from Mayor and Staff Previous Council Action Narrative An Agenda Memo was not submitted for this item. Form Review Inbox Reviewed By Date Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Sandy Chase Started On: 11/03/2011 03:28 PM Final Approval Date: 11/03/2011  Packet Page 183 of 352 AM-4343   Item #: 2. F. City Council Committee Meetings Date: 11/07/2011 Time:15 Minutes   Submitted By:Sandy Chase Department:City Clerk's Office Committee:Finance Type:Information Information Subject Title Reserve Policy. Recommendation from Mayor and Staff Previous Council Action Narrative An Agenda Memo was not submitted for this item. Form Review Inbox Reviewed By Date Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Sandy Chase Started On: 11/03/2011 03:29 PM Final Approval Date: 11/03/2011  Packet Page 184 of 352 AM-4344   Item #: 2. G. City Council Committee Meetings Date: 11/07/2011 Time:15 Minutes   Submitted By:Sandy Chase Department:City Clerk's Office Committee:Finance Type:Information Information Subject Title Investment Policy. Recommendation from Mayor and Staff Previous Council Action Narrative An Agenda Memo was not submitted for this item. Form Review Inbox Reviewed By Date Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Sandy Chase Started On: 11/03/2011 03:30 PM Final Approval Date: 11/03/2011  Packet Page 185 of 352 AM-4335   Item #: 2. H. City Council Committee Meetings Date: 11/07/2011 Time:10 Minutes   Submitted By:Shawn Hunstock Department:Finance Committee:Finance Type:Action Information Subject Title Change Animal Benefit Fund to an Annual Appropriation. Recommendation from Mayor and Staff Approval of the Ordinance. Previous Council Action N/A Narrative The attached Ordinance changes the Animal Benefit Fund from a designated amount in the General Fund to an annual appropriation. The designated amount in the General Fund, currently $3,729.09, will be closed by a journal entry into fund balance for the General Fund. Future funding needs consistent with the Animal Benefit Fund will be addressed with an annual appropriation as part of the standard budgeting process. Fiscal Impact Fiscal Year:2011 Revenue:Expenditure: Fiscal Impact: $3,729.09 Attachments Animal Benefit Fund Ordinance Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 02:54 PM Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Shawn Hunstock Started On: 11/03/2011 10:37 AM Final Approval Date: 11/03/2011  Packet Page 186 of 352 - 1 - ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE ANIMAL BENEFIT FUND PROVISIONS OF ECC 5.05.127.2; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds has adopted Chapter 5.05 in order to regulate licensing of pets and problems attendant to the keeping of animals within the City; and WHEREAS, the City of Edmonds by ordinance created an Animal Benefit Fund, set forth in Edmonds City Code Chapter 5.05.172.2, for the purpose of granting financial assistance towards the cost of obtaining spay or neuter services by the City’s designated veterinarian(s); and WHEREAS, the City would like to provide funding for such financial assistance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 5.05.127.2 Animal benefit fund established is hereby amended to read as follows (new text shown in underline; deleted text shown in strike-through 5.05.127.2 Animal benefit ): appropriationbenefit fund established A. . The City Council may from time to time appropriate during its annual budgeting process an amountThere is hereby established an animal benefit fund for the purpose of financially assisting low-income city of Edmonds residents in obtaining spay or neuter services for their dogs or cats, and providing for spay and neuter services for stray dogs and cats from the city’s animal control service area that are placed at and retained by the city designated shelter, and dogs and cats owned by citizens residing within the city’s animal control service area that are surrendered at the city designated shelter prior to their adoption back into the community. Application may be made to the city of Edmonds animal benefit appropriationfund to effectuate this purpose. Packet Page 187 of 352 - 2 - B. The city may grant a financial assistance voucher to a resident in the amount of $30.00 to be applied toward the costs of obtaining spay or neuter services for an animal by the city’s designated veterinarian(s); provided, that except in cases involving the spay or neuter of owner- surrendered or stray animals that will be returned to the city’s designated animal shelter, proof of the animal owner’s city of Edmonds residency, as well as a statement of financial need, shall be required as a prerequisite to receiving said financial assistance voucher. C. After performing the necessary spay or neuter surgery upon an animal, the city’s designated veterinarian(s) may submit an invoice to the city of Edmonds requesting reimbursement. The invoice will be paid at full cost of agreed upon prevailing industry standards for spay and neuter services for stray dogs and cats from the city’s animal control service area that are placed at and retained by the city designated shelter, and dogs and cats owned by citizens residing within the city’s animal control service area that are surrendered at the city designated shelter. D. After performing the necessary spay or neuter surgeries upon an animal, the city’s designated veterinarian(s) may submit an invoice for $30.00 for the financial assistance voucher. For the financial assistance voucher, the invoice shall be submitted with a photocopy of said voucher attached, shall be signed by a veterinarian, and shall contain the following information: 1. Identification of the animal. 2. Identification of the person requesting the spay or neuter services for the animal. 3. Identification of the specific type of spay or neuter services performed. 4. Date of performance of the spay or neuter services. E. Within 30 days of receiving an invoice for spay or neuter services performed by the city’s designated veterinarian(s), the city shall provide payment to the designated veterinarian in the amount of $30.00 per financial assistance voucher or paid at full cost of agreed upon prevailing industry standards for spay and neuter services for stray dogs and cats from the city’s animal control service area that are placed at and retained by the city designated shelter, and dogs and cats owned by citizens residing within the city’s animal control service area that are surrendered at the city designated shelter. Said amount shall be drawn exclusively from the city’s animal benefit appropriationfund Section 2. . Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Packet Page 188 of 352 - 3 - Section 3. Effective Date APPROVED: . This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. MAYOR MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TARADAY FILED WITH THE CITY CLERK: ________ PASSED BY THE CITY COUNCIL: ________ PUBLISHED: ________ EFFECTIVE DATE: ________ ORDINANCE NO. _____ Packet Page 189 of 352 - 4 - SUMMARY OF ORDINANCE NO. ____ of the City of Edmonds, Washington On the __ day of November, 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 ANIMAL BENEFIT FUND PROVISIONS OF ECC 5.05.127.2; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this __ day of November, 2011. CITY CLERK, SANDRA S. CHASE 4852-1429-9661, v. 1 Packet Page 190 of 352 AM-4337   Item #: 2. I. City Council Committee Meetings Date: 11/07/2011 Time:10 Minutes   Submitted By:Shawn Hunstock Department:Finance Committee:Finance Type:Action Information Subject Title Eliminate Council Contingency Amount in the General Fund. Recommendation from Mayor and Staff Approve attached Ordinance. Previous Council Action N/A Narrative The attached Ordinance would amend Ordinance No. 3477 and eliminate the Council Contingency designated balance in the General Fund balance sheet. The designated amount would be closed to ending fund balance with a journal entry. A Council Contingency amount is appropriated during the annual budgeting process, making the designated balance in the General Fund unnecessary. Fiscal Impact Fiscal Year:2011 Revenue:Expenditure: Fiscal Impact: $63,483.22 (Current designated account balance) Attachments Council Contingency Amendment Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 02:54 PM Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Shawn Hunstock Started On: 11/03/2011 10:57 AM Final Approval Date: 11/03/2011  Packet Page 191 of 352 - 1 - ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3477 TO ELIMINATE A DESIGNATED COUNCIL CONTINGENCY BALANCE IN THE GENERAL FUND; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds by ordinance created a designated amount in the General Fund for contingencies; and WHEREAS, the City of Edmonds has historically utilized that designated money to address unforeseen, unbudgeted expenditures as they occur; and WHEREAS, the City of Edmonds now appropriates an amount in the City Council portion of the budget as part of its standard budgeting process to provide funding for such unbudgeted expenditures; and WHEREAS, the City of Edmonds may from time to time also utilize the budget amendment process throughout the year to address unanticipated expenditures; and WHEREAS, the City of Edmonds now desires to eliminate this duplicative funding by eliminating the designated contingency balance in the General Fund; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 6. of Ordinance No. 3477 is hereby amended to read as follows (new text shown in underline; deleted text shown in strike-through Section 6. In addition to the fund closures authorized and acknowledged herein, the City Council authorizes and acknowledges the power of the Mayor, through his Administrative Services Director in accordance with his administrative powers granted pursuant ): Packet Page 192 of 352 - 2 - to Title 35A. RCW to close Fund 007 Criminal Justice Activity into the General Fund and close Fund 119 Contingency Fund in order to make it a designated fund balance Section 2. into the General Fund. Severability Section 3. . If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Effective Date APPROVED: . This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. MAYOR MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TARADAY FILED WITH THE CITY CLERK: ________ PASSED BY THE CITY COUNCIL: ________ PUBLISHED: ________ EFFECTIVE DATE: ________ ORDINANCE NO. _____ Packet Page 193 of 352 - 3 - SUMMARY OF ORDINANCE NO. ____ of the City of Edmonds, Washington On the __ day of November, 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 ORDINANCE NO. 3477 TO ELIMINATE A DESIGNATED COUNCIL CONTINGENCY BALANCE IN THE GENERAL FUND; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this __ day of November, 2011. CITY CLERK, SANDRA S. CHASE 4850-1310-4141, v. 1 Packet Page 194 of 352 AM-4348   Item #: 2. J. City Council Committee Meetings Date: 11/07/2011 Time:30 Minutes   Submitted For:Shawn Hunstock Submitted By:Debra Sharp Department:Finance Committee:Finance Type: Information Subject Title 2011 November Budget Amendment Recommendation from Mayor and Staff Forward to full Council for approval Previous Council Action None Narrative The first section of the budget amendment includes expenditure increases that are offset by grant revenues.  There are four requests by the police department to increase their overtime expense due to grant funded special enforcement programs.  The final grant reimbursement is related to the final energy efficient vehicle.  The grant revenue was recorded into the General Fund and needs to be transferred to the Equipment Rental Fund where the vehicle was purchased. The next section of the budget amendment relates to items that have previously been before Council.  Council approved the purchase of the Karlston Property on March 1, 2011.  A motion to appropriate funds was made at that time.  The second item was a motion made during the budget process last December to approve traffic calming devices funded by a transfer from the General Fund.  A budget was added to the Street Construction Fund but the transfer from the General Fund to the Street Construction Fund was not part of the adopted budget.   The final section of the budget amendment includes new items.  The majority of these items relate to the construction funds but there are a few General Fund amendments that will change ending fund balance.  First there is a budget amendment to reduce the appropriated budget for the compensation consultant in 2011.  There will be a request to reappropriate the funds in 2012.  The second item is an increase for hydrant costs.  The General Fund is required to reimburse the Utility Fund for actual costs paid from the utility for hydrant work.  There is also a request for a budget amendment that relates to merchant bankcard fees due to a change in process that was addressed at the end of 2010.  The departments have budgeted for these costs in 2012. Attachments 2011 November Budget Amendment Form Review Inbox Reviewed By Date Finance Debra Sharp 11/04/2011 10:00 AM City Clerk Sandy Chase 11/04/2011 10:02 AM Mayor Mike Cooper 11/04/2011 10:24 AM Final Approval Sandy Chase 11/04/2011 10:26 AM Form Started By: Debra Sharp Started On: 11/04/2011 09:07 AM Final Approval Date: 11/04/2011  Packet Page 195 of 352 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3831 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2011 Budget; and WHEREAS, the applications of funds have been identified; THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3847 adopting the final budget for the fiscal year 2011 is hereby amended to reflect the changes shown in “Exhibit A” adopted herein by reference. Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take Packet Page 196 of 352 2 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, MIKE COOPER ATTEST/AUTHENTICATE: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ___ JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 197 of 352 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 ORDINANCE NO. 3847 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, 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 198 of 352 EXHIBIT “A”: Budget Amendments by Revenue (November 2011) 4 ORD. NO. ORD. NO. ORD. NO. 2011 FUND FUND 3831 3847 Amended NO. DESCRIPTION 12/31/2010 7/19/2011 11/7/2011 Budget 001 GENERAL FUND 32,512,273 66,699 33,447 32,612,419 006 EMERGENCY/FINANCIAL RESERVE 0 0 0 0 009 LEOFF-MEDICAL INS. RESERVE 376,566 0 0 376,566 010 PUBLIC SAFETY EMERGENCY RESERVE 1,000 0 0 1,000 104 DRUG ENFORCEMENT FUND 30,000 0 0 30,000 111 STREET FUND 1,363,000 (5,000) 0 1,358,000 112 COMBINED STREET CONST/IMPROVE 1,394,407 222,456 155,000 1,771,863 113 MULTIMODAL TRANSPORTATION FD. 1,000,000 0 0 1,000,000 116 BUILDING MAINTENANCE 106,600 100,994 0 207,594 117 MUNICIPAL ARTS ACQUIS. FUND 58,900 0 0 58,900 118 MEMORIAL STREET TREE 0 0 0 0 120 HOTEL/MOTEL TAX REVENUE FUND 75,000 0 0 75,000 121 EMPLOYEE PARKING PERMIT FUND 20,000 0 0 20,000 122 YOUTH SCHOLARSHIP FUND 3,000 0 0 3,000 123 TOURISM PROMOTIONAL FUND/ARTS 18,850 0 0 18,850 125 PARK ACQ/IMPROVEMENT 700,000 0 0 700,000 126 SPECIAL CAPITAL FUND 700,000 0 0 700,000 127 GIFTS CATALOG FUND 4,640 0 0 4,640 129 SPECIAL PROJECTS FUND 224,260 0 0 224,260 130 CEMETERY MAINTENANCE/IMPROV 119,700 0 0 119,700 132 PARKS CONSTRUCTION 1,687,500 302,000 236,000 2,225,500 136 PARKS TRUST FUND 37,000 0 0 37,000 137 CEMETERY MAINTENANCE TRUST FD 13,300 0 0 13,300 138 SISTER CITY COMMISSION 5,400 0 0 5,400 211 LID FUND CONTROL 0 0 0 0 213 LID GUARANTY FUND 0 0 0 0 234 LTGO BOND DEBT SERVICE FUND 465,973 0 0 465,973 411 COMBINED UTILITY OPERATION 15,002,937 0 67,920 15,070,857 412 COMBINED UTILITY CONST/IMPROVE 6,825,000 942,492 793,750 8,561,242 414 CAPITAL IMPROVEMENTS RESERVE 947,035 0 38,000 985,035 511 EQUIPMENT RENTAL FUND 875,476 50,944 22,644 949,064 617 FIREMEN'S PENSION FUND 92,928 0 0 92,928 631 TRANSPORTATION BENEFIT DISTRICT 600,000 0 0 600,000 Totals 65,260,745 1,680,585 1,346,761 68,288,091 Packet Page 199 of 352 EXHIBIT “B”: Budget Amendments by Expenditures (November 2011) 5 ORD. NO. ORD. NO. ORD. NO. 2011 FUND FUND 3831 3847 Amended NO. DESCRIPTION 12/31/2010 7/19/2011 Budget 001 GENERAL FUND 32,320,897 304,171 211,717 32,836,785 006 EMERGENCY/FINANCIAL RESERVE 0 0 0 0 009 LEOFF-MEDICAL INS. RESERVE 481,500 0 0 481,500 010 PUBLIC SAFETY EMERGENCY RESERVE 0 0 0 0 104 DRUG ENFORCEMENT FUND 80,233 0 0 80,233 111 STREET FUND 1,426,942 18,500 0 1,445,442 112 COMBINED STREET CONST/IMPROVE 1,369,795 285,000 27,000 1,681,795 113 MULTIMODAL TRANSPORTATION FD. 1,025,000 0 0 1,025,000 116 BUILDING MAINTENANCE 95,000 95,994 40,000 230,994 117 MUNICIPAL ARTS ACQUIS. FUND 109,050 0 0 109,050 118 MEMORIAL STREET TREE 0 0 0 0 120 HOTEL/MOTEL TAX REVENUE FUND 105,750 47,500 0 153,250 121 EMPLOYEE PARKING PERMIT FUND 26,086 0 0 26,086 122 YOUTH SCHOLARSHIP FUND 4,000 0 0 4,000 123 TOURISM PROMOTIONAL FUND/ARTS 21,000 0 0 21,000 125 PARK ACQ/IMPROVEMENT 623,000 294,000 38,000 955,000 126 SPECIAL CAPITAL FUND 699,582 0 0 699,582 127 GIFTS CATALOG FUND 6,300 4,000 1,000 11,300 129 SPECIAL PROJECTS FUND 224,962 0 0 224,962 130 CEMETERY MAINTENANCE/IMPROV 148,179 0 4,100 152,279 132 PARKS CONSTRUCTION 1,735,500 274,000 65,000 2,074,500 136 PARKS TRUST FUND 0 0 0 0 137 CEMETERY MAINTENANCE TRUST FD 0 0 0 0 138 SISTER CITY COMMISSION 4,900 0 0 4,900 211 LID FUND CONTROL 0 0 0 0 213 LID GUARANTY FUND 0 0 0 0 234 LTGO BOND DEBT SERVICE FUND 465,973 0 0 465,973 411 COMBINED UTILITY OPERATION 15,139,354 105,140 732,071 15,976,565 412 COMBINED UTILITY CONST/IMPROVE 10,300,000 942,492 130,500 11,372,992 414 CAPITAL IMPROVEMENTS RESERVE 836,035 0 (309,000) 527,035 511 EQUIPMENT RENTAL FUND 1,184,702 105,412 0 1,290,114 617 FIREMEN'S PENSION FUND 132,250 0 0 132,250 631 TRANSPORTATION BENEFIT DISTRICT 600,000 0 0 600,000 Totals 69,165,990 2,476,209 940,388 72,582,587 Packet Page 200 of 352 EXHIBIT “C”: Summary of Budget Amendments by Fund (November 2011) 6 Fund Number Change in Beginning Fund Balance Revenue Expense Change in Ending Fund Balance 001 33,447 211,717 (178,270) 006 009 010 104 111 112 155,000 27,000 128,000 113 116 40,000 (40,000) 117 118 120 121 122 123 125 38,000 (38,000) 126 127 1,000 (1,000) 129 130 4,100 (4,100) 131 132 236,000 65,000 171,000 136 137 138 211 213 411 67,920 732,071 (664,151) 412 793,750 130,500 663,250 414 38,000 (309,000) 347,000 511 22,644 22,644 617 631 Total Change 0 1,346,761 940,388 406,373 Packet Page 201 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 7 Department BARS Category Debit Credit Description Items Offset by Grant Revenue Police 001 000 410 521 210 120 10 Overtime 1,162 Drug Enforcement Task Force Overtime Police 001 000 410 521 210 230 10 Benefits 169 Police 001 000 410 521 220 120 10 Overtime 1,428 Police 001 000 410 521 220 230 10 Benefits 203 Police 001 000 000 338 210 400 00 Grant Revenue 2,962 Police 001 000 410 521 710 350 10 Small Equipment 1,700 WASPC Traffic Safety Grant Police 001 000 000 333 020 600 00 Grant Revenue 1,700 Police 001 000 410 521 710 120 10 Overtime 1,948 Target Zero Overtime Reimbursement Police 001 000 410 521 710 230 10 Benefits 285 Police 001 000 000 330 020 605 00 Grant Revenue 2,233 Police 001 000 410 521 710 120 10 Overtime 3,414 High Visibility Enforcement OT Police 001 000 410 521 710 230 10 Benefits 494 Police 001 000 000 330 020 606 00 Grant Revenue 3,908 Non-Departmental 001 000 390 597 511 550 00 Transfer 22,644 2011 Vehicle Grants General Fund 001 000 000 331 081 100 00 Grant Revenue 22,644 Equipment Rental 511 100 000 397 001 000 00 Transfer 22,644 Equipment Rental 511 100 657 508 000 000 00 Ending Fund Balance 22,644 Items Previously Before Council Stormwater 411 000 652 594 380 610 00 Land 138,946 Property Purchase Stormwater 411 000 652 594 380 620 00 Building 163,525 Utility Fund 411 000 654 508 000 000 00 Ending Fund Balance 302,471 Non-Department 001 000 390 597 112 550 00 Transfer 50,000 Traffic Calming Devices-2011 Council Amendment General Fund 001 000 390 508 000 000 00 Ending Fund Balance 50,000 Street Construction 112 200 000 397 001 000 00 Transfer 50,000 Street Construction 112 200 630 508 000 000 00 Ending Fund Balance 50,000 Packet Page 202 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 8 Department BARS Category Debit Credit Description New Items City Clerk 001 000 250 514 300 410 00 Professional Services 5,000 City Clerk Professional Services City Clerk 001 000 250 514 300 110 00 Salaries 4,000 City Clerk 001 000 250 514 300 230 00 Benefits 1,000 Human Resources 001 000 220 516 100 410 00 Professional Services 45,000 Compensation Consultant General Fund 001 000 390 508 000 000 00 Ending Fund Balance 45,000 Human Resources 001 000 220 516 100 110 00 Salaries 26,090 Vacation & Sick Leave Payout Facilities 001 000 651 519 920 110 00 Salaries 21,286 Non-Departmental 001 000 390 519 900 230 00 Benefits 47,376 Non-Departmental 001 000 390 522 200 910 00 Interfund Services 102,170 Fire Hydrants General Fund 001 000 390 508 000 000 00 Ending Fund Balance 102,170 Utility Fund 411 000 000 338 220 000 00 Intergovernmental 67,920 Utility Fund 411 000 654 508 000 000 00 Ending Fund Balance 67,920 Utility Construction 412 100 000 338 220 000 00 Intergovernmental 34,250 Utility Construction 412 100 630 508 000 000 00 Ending Fund Balance 34,250 Court 001 000 230 512 500 490 00 Miscellaneous 19,000 Merchant Bankcard Fees Police 001 000 410 521 110 490 00 Miscellaneous 100 Engineering 001 000 620 532 200 490 00 Miscellaneous 4,000 Parks 001 000 640 574 200 490 00 Miscellaneous 48,000 General Fund 001 000 390 508 000 000 00 Ending Fund Balance 71,100 Cemetery Fund 130 000 640 536 200 490 00 Miscellaneous 4,100 Cemetery Fund 130 000 640 508 000 000 00 Ending Fund Balance 4,100 Stormwater 411 000 652 542 900 490 00 Miscellaneous 13,000 Water 411 000 654 534 800 490 00 Miscellaneous 21,600 Sewer 411 000 655 535 800 490 00 Miscellaneous 25,000 Utility Fund 411 000 654 508 000 000 00 Ending Fund Balance 59,600 Building Maintenance 116 000 651 519 920 490 00 Miscellaneous 12,000 Fund 116 Additional Expenditures Building Maintenance 116 000 651 519 920 410 00 Professional Services 15,000 Building Maintenance 116 000 651 519 920 310 00 Supplies 13,000 Building Maintenance 116 000 651 508 000 000 00 Ending Fund Balance 40,000 REET 125 000 640 576 800 910 00 Interfund Services 38,000 Interfund Services Parks Construction 132 000 640 594 760 910 00 Interfund Services 65,000 REET 125 000 640 508 000 000 00 Ending Fund Balance 38,000 Parks Construction 132 000 640 508 000 000 00 Ending Fund Balance 65,000 Gifts Catalog 127 200 640 573 200 410 00 Professional Services 1,000 Flower Pole Artwork Gifts Catalog 127 200 640 508 000 000 00 Ending Fund Balance 1,000 Packet Page 203 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 9 Department BARS Category Debit Credit Description New Items Water 411 000 654 582 340 780 00 Principal Payment 20,000 PW Trust Fund Loan Pymt Utility Fund 411 000 654 508 000 000 00 Ending Fund Balance 20,000 Water 411 000 654 597 412 550 00 Interfund Transfer 350,000 Transfer from Operations to Capital Utility Fund 411 000 654 508 000 000 00 Ending Fund Balance 350,000 Water Construction 412 100 000 397 411 000 00 Interfund Transfer 350,000 Utility Construction 412 100 630 508 000 000 00 Ending Fund Balance 350,000 Capital Improvement Rsrv 414 000 656 594 320 650 10 Construction 309,000 Re-allocate funds for capital projects Capital Improvement Rsrv 414 000 000 338 800 040 00 Intergovernmental 38,000 Capital Improvement Rsrv 414 000 656 508 000 000 00 Ending Fund Balance 347,000 Street Construction 112 200 630 595 330 910 00 Interfund Services 5,000 212th St/76th Ave Intersection Street Construction 112 200 000 333 000 000 00 Grant Revenue 5,000 Street Construction 112 200 630 595 330 650 00 Construction 2,000 Overlay Street Construction 112 200 630 508 000 000 00 Ending Fund Balance 2,000 Street Construction 112 200 630 595 330 410 00 Professional Services 16,000 Sunset Walkway Project Street Construction 112 200 630 595 330 650 00 Construction 16,000 Utility Construction 412 300 630 594 320 650 00 Construction 71,000 Interurban Trail Project Utility Construcion 412 300 630 597 112 550 00 Transfer 71,000 Utility Construction 412 200 630 597 112 550 00 Transfer 125,000 Utility Construction 412 200 630 597 112 550 00 Transfer 40,000 Utility Construction 412 200 630 594 320 650 00 Construction 165,000 Parks Construction 132 000 000 397 412 300 00 Transfer 71,000 Parks Construction 132 000 000 397 412 200 00 Transfer 165,000 Parks Construction 132 000 640 508 000 000 00 Ending Fund Balance 236,000 Utility Construction 412 100 630 597 112 550 00 Transfer 55,000 Dayton Street Overlay Utility Construcion 412 300 630 597 112 550 00 Transfer 25,000 Utility Construction 412 100 630 594 320 650 00 Construction 55,000 Utility Construction 412 300 630 594 320 650 00 Construction 25,000 Street Construction 112 200 000 397 412 100 00 Transfer 55,000 Street Construction 112 200 000 397 412 300 00 Transfer 25,000 Street Construction 112 200 630 508 000 000 00 Ending Fund Balance 80,000 Packet Page 204 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 10 Department BARS Category Debit Credit Description New Items Utility Construction 412 100 630 597 412 550 00 Transfer 279,000 Lift Station 2 Replacement Project Utility Construcion 412 100 630 594 320 650 00 Construction 279,000 Utility Construction 412 300 000 397 412 100 00 Transfer 279,000 Utility Construction 412 300 630 508 000 000 00 Ending Fund Balance 279,000 Utility Construcion 412 200 630 594 320 650 00 Construction 76,200 Dayton/Admiral Emergency Storm Repair Utility Construction 412 200 630 594 320 650 00 Construction 82,000 Utility Construction 412 200 630 594 320 650 00 Construction 158,200 Utility Construcion 412 100 630 594 320 410 00 Professional Services 50,300 2012 Watermain Replacement Project Utility Construction 412 100 630 594 320 410 00 Professional Services 50,000 Utility Construction 412 100 630 594 320 650 00 Construction 300 Utility Construcion 412 100 630 594 320 650 00 Construction 120,500 BNSF Track Repari Utility Construction 412 100 630 594 320 410 00 Professional Services 10,000 Utility Construction 412 100 000 382 000 000 00 Debt Proceeds 130,500 Utility Construction 412 200 630 594 320 410 00 Professional Services 18,500 Lake Ballinger Basin Study Utility Construction 412 200 630 594 320 650 00 Construction 18,500 Utility Construction 412 200 630 594 320 650 00 Construction 109,000 City BNSF Project Utility Construction 412 200 630 594 320 650 00 Construction 109,000 Utility Construction 412 100 630 594 320 650 00 Construction 8,000 Utility Construction 412 100 630 594 320 650 00 Construction 8,000 Street Construction 112 200 630 595 330 410 00 Professional Services 6,000 226th St Walkway Project Street Construction 112 200 630 595 330 910 00 Interfund Services 14,000 Utility Construction 412 200 630 594 320 650 00 Construction 20,000 Utility Construction 412 200 630 597 112 550 00 Transfer 20,000 Street Construction 112 200 000 397 412 200 00 Transfer 20,000 Packet Page 205 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 11 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary Drug Enforcement Task Force Overtime Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Invest. Overtime-Reimb.001.000.410.521.210.120.10 1,162 001 General Fund Invest. Benefits-Reimb.001.000.410.521.210.230.10 169 001 General Fund Patrol Overtime-Reimb.001.000.410.521.220.120.10 1,428 001 General Fund Patrol Benefits-Reimb.001.000.410.521.220.230.10 203 Total Expenditure Increase (Decrease)2,962$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund OCDETF Overtime 001.000.000.338.210.400.00 (2,962) Total Revenue (Increase) Decrease (2,962) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- The amendment increases expenditures in Investigations Reimbursable Overtime and Reimbursable Benefits by $1,331, and Patrol Reimbursable Overtime and Reimbursable Benefits by $1,631, for Organized Crime Drug Enforcement Task Force overtime worked in January through April 2011. Reimbursement from the federal government has been received for the overtime expenditures. The revenue and expenditures were not included in the 2011 adopted budget as this revenue is quite variable, depending upon whether there are cases pursued under the federal Organized Crime Drug Enforcement Task Force program. Packet Page 206 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 12 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary WASPC Traffic Safety Grant Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic Small Equipt.001.000.410.521.710.350.00 1,700 Total Expenditure Increase (Decrease)1,700$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund WASPC Traffic Safety 001.000.000.333.020.600.00 (1,700) Total Revenue (Increase) Decrease (1,700) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- The amendment increases expenditures in Traffic Small Equipment by $1700. The Police Department received a traffic safety grant from the Washington Association of Sheriffs and Police Chiefs to purchase four new handheld directional radars. The radars have been purchased and reimbursement has been received from WASPC. The revenue and expenditures were not included in the 2011 adopted budget as we did not have the grant at the time the 2011 budget was prepared. Packet Page 207 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 13 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary Target Zero Overtime Reimbursement Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic Overtime-Reimb.001.000.410.521.710.120.10 1,948 001 General Fund Traffic Benefits-Reimb.001.000.410.521.710.230.10 285 Total Expenditure Increase (Decrease)2,233$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund Target Zero Team Grant 001.000.000.330.020.605.00 (2,233) Total Revenue (Increase) Decrease (2,233) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- The amendment increases expenditures in Traffic Reimburseable Overtime and Benefits by $2,233, for overtime worked on Target Zero emphasis patrols for May-August, 2011. Reimbursement from the Washington Traffic Safety Commission to cover this overtime has been received by the City. Target Zero is a grant targeted at reducing the number of people killed or seriously injured by impaired drivers in Snohomish County. The revenue and expenditures were not included in the 2011 adopted budget as grant revenue is quite variable, depending upon grant awards and the staffing of the emphasis patrols. Packet Page 208 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 14 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary High Visibility Enforcement Overtime Reimbursement Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic Overtime-Reimb.001.000.410.521.710.120.10 3,414 001 General Fund Traffic Benefits-Reimb.001.000.410.521.710.230.10 494 Total Expenditure Increase (Decrease)3,908$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund HVE Grant 001.000.000.330.020.606.00 (3,908) Total Revenue (Increase) Decrease (3,908) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- The amendment increases expenditures in Traffic Reimburseable Overtime and Benefits by $2,798, for overtime worked on HVE emphasis patrols in May-August 2011. Reimbursement from the Washington Traffic Safety Commission to cover this overtime has been received by the City. High Visibility Enforcement (HVE) is a grant targeted at reducing traffic injuries and deaths through emphasis patrols for impaired driving, speeding, and seat belt enforcement. The revenue and expenditures were not included in the 2011 adopted budget as grant revenue is quite variable, depending upon grant awards and the staffing of the emphasis patrols. Packet Page 209 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 15 Prepared By:Deb Sharp Department:Fleet Description on Budget Amendment Summary 2011 Vehicle Grants Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Transfer 001.000.390.597.511.550.00 22,644 Total Expenditure Increase (Decrease)22,644$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund Grant Revenue 001.000.000.331.081.100.00 (22,644) 511 Equipment Rental Transfer 511.100.000.397.001.000.00 (22,644) Total Revenue (Increase) Decrease (45,288) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 511 511 B-Fund 511.100.657.508.000.000.00 22,644 Total Ending Fund Balance Increase (Decrease)22,644 In December of 2009, the city was awarded the EECBG grant to purchase alternate fuel source vehicles. A schedule was set so that 7 vehicles would be purchased over 3 years (Years '10, '11,'12). The grant money was receipted into the general fund and needs to be transferred from the general fund to the equipment rental fund where the vehicles were purchased. Packet Page 210 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 16 Prepared By:Deb Sharp Department:Stormwater Description on Budget Amendment Summary Property Purchase Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 411 Utility Fund Land 411.000.652.594.380.610.00 138,946.00 411 Utility Fund Building 411.000.652.594.380.620.00 163,525.00 Total Expenditure Increase (Decrease)302,471.00$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease -$ Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 411 Utility Fund 411.000.654.508.000.000.00 (302,471.00) Total Ending Fund Balance Increase (Decrease)(302,471.00)$ On March 1, 2011 City Council voted to purchase the Karlsten Property as part of a settlement agreement. There was motion to approprate funds subject to the mid-year budget adjustment. The purchase amount is included in the 2011 estimates. Packet Page 211 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 17 Prepared By:Deb Sharp Department:Streets Description on Budget Amendment Summary Traffic Calming Devices-2011 Council Amendment Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Transfer 001.000.390.597.112.550.00 50,000.00 Total Expenditure Increase (Decrease)50,000.00$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 112 Street Construction Transfer 112.200.000.397.001.000.00 50,000.00 Total Revenue (Increase) Decrease 50,000.00$ Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 001 General Fund 001.000.390.508.000.000.00 (50,000.00) 112 Street Construction 112.200.630.508.000.000.00 50,000.00 Total Ending Fund Balance Increase (Decrease)-$ During the 2011 budget process council passed amendment #8 to add $50,000 to the Street Construction Fund from General Fund ending fund balance to pay for traffic calming devices. The budget was added to the Street Construction Fund but the transfer from the General Fund to fund the project was not included. Packet Page 212 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 18 Prepared By:Sandy Chase Department:City Clerk's Office Description on Budget Amendment Summary Increase Professional Services Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Professional Services 001.000.250.514.300.410.00 5,000 001 General Fund Salaries 001.000.250.514.300.110.00 (4,000) 001 General Fund Benefits 001.000.250.514.300.230.00 (1,000) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- A full time position was budgeted in the City Clerk's Office for 2011 to be dedicated to Requests for Public Records. Due to budget concerns, that position was not filled, and temporary part time assistance has been required to meet the demands of records requests. This budget amendment is required in order to move funds that were budgeted in salaries and benefits to "professional services." Packet Page 213 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 19 Prepared By:Deb Sharp Department:Human Resources Description on Budget Amendment Summary Compensation Consultant Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Salaries 001.000.220.516.100.410.00 (45,000) Total Expenditure Increase (Decrease)(45,000)$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 001 General Fund 001.000.390.508.000.000.00 45,000 Total Ending Fund Balance Increase (Decrease)45,000 Need to decrease the HR budget by $45,000 for compensation consultant work that will be completed in 2012, not 2011. An increase of the same amount will be made to the 2012 budget. Packet Page 214 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 20 Prepared By:Deb Sharp Department:Non-Departmental Description on Budget Amendment Summary Sick Leave & Vacation Payout Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Salaries 001.000.220.516.100.110.00 26,090 001 General Fund Salaries 001.000.651.519.920.110.00 21,286 001 General Fund Benefits 001.000.390.519.900.230.00 (47,376) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- Vacation and sick leave payout for B. Delisle and D. Humann transferred from non-departmental to department salaries. Packet Page 215 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 21 Prepared By:Deb Sharp Department:Non-Departmental Description on Budget Amendment Summary Fire Hydrants Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Interfund Services 001.000.390.522.200.910.00 102,170 Total Expenditure Increase (Decrease)102,170$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 411 Utility Fund Intergovernmental 411.000.000.338.220.000.00 (67,920) 412 Utility Construction Intergovernmental 412.100.000.338.220.000.00 (34,250) Total Revenue (Increase) Decrease (102,170) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 001 General Fund 001.000.390.508.000.000.00 (102,170) 411 Utility Fund 411.000.654.508.000.000.00 67,920 412 Utility Construction Fund 412.100.630.508.000.000.00 34,250 Total Ending Fund Balance Increase (Decrease)- Costs are a direct charge of the hydrant projects done in the City. A portion of these costs are capital and a portion operations. The 2011 estimate is $358,820 which is $120,170 higher than the budgeted amount of $256,650. Packet Page 216 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 22 Prepared By:Deb Sharp Department:Multiple Departments Description on Budget Amendment Summary Merchant Bankcard Fees Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Miscellaneous 001.000.230.512.500.490.00 19,000.00 001 General Fund Miscellaneous 001.000.410.521.110.490.00 100.00 001 General Fund Miscellaneous 001.000.620.532.200.490.00 4,000.00 001 General Fund Miscellaneous 001.000.640.574.200.490.00 48,000.00 130 Cemetery Fund Miscellaneous 130.000.640.536.200.490.00 4,100.00 411 Utility Fund Miscellaneous 411.000.652.542.900.490.00 13,000.00 411 Utility Fund Miscellaneous 411.000.654.534.800.490.00 21,600.00 411 Utility Fund Miscellaneous 411.000.655.535.800.490.00 25,000.00 Total Expenditure Increase (Decrease)134,800.00$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease -$ Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 001 General Fund Ending Cash 001.000.390.508.000.000.00 (71,100.00) 130 Cemetery Fund Ending Cash 130.000.640.508.000.000.00 (4,100.00) 411 Utility Fund Ending Cash 411.000.654.508.000.000.00 (59,600.00) Total Ending Fund Balance Increase (Decrease)(134,800.00)$ In past years, the merchant bankcard fees have been included in the City's bank analysis calculation. The analysis calculation takes into consideration the City's earning credit (interest) and all the fees associated with our bank account. The analysis calculation includes fees such as NSF fees, deposits, positive pay items, ACH credits, transit items, just to name a few. Also included are merchant bankcard fees which are the fees the City is charged each time we accept a credit card payment. Since the earnings credit is so low and the City is taking more and more credit cards, the City started recognizing negative interest earnings in 2010. In order to address this, the City started expensing the fees to the appropriate department. For example, any recreation charges will be charged against parks, utility payments against the utility fund and court charges to the court. The change in procedure was at the end of last year so these costs were not budgeted. The costs are included in the 2012 budget numbers. Packet Page 217 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 23 Prepared By:Jim Stevens Department:Public Works Description on Budget Amendment Summary Fund 116 Additional Expenditure Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 116 Bldg. Maintenance Miscellaneous 116.000.651.519.920.490.00 12,000 116 Bldg. Maintenance Professional Services 116.000.651.519.920.410.00 15,000 116 Bldg. Maintenance Supplies 116.000.651.519.920.310.00 13,000 Total Expenditure Increase (Decrease)40,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 116 Bldg. Maintenance 116.000.651.508.000.000.00 (40,000) Total Ending Fund Balance Increase (Decrease)(40,000) Facilities Maintenance has taken the lead on the installation of six electric vehicle charging stations in four distinct locations in the City. The costs associated with these installations need budget authority in Fund 116 as permanent capital improvements to civic infrastructure ($25,000 increase). An additional increase to the facilities budget for $15,000 to cover any unexpected year-end emergency maintenance needs. Packet Page 218 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 24 Prepared By:Deb Sharp Department:REET and Parks Construction Description on Budget Amendment Summary Interfund Services Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 125 REET Interfund Services 125.000.640.576.800.910.00 38,000 132 Parks Construction Interfund Services 132.000.640.594.760.910.00 65,000 Total Expenditure Increase (Decrease)103,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 125 REET 125.000.640.508.000.000.00 (38,000) 132 Park Construction 132.000.640.508.000.000.00 (65,000) Total Ending Fund Balance Increase (Decrease)(103,000) The Parks Construction fund and the REET fund are charged for engineering staff time spent on projects. During the 2011 budget process, interfund services were not budged in either of these funds. The budget is included in the 2011 estimate and the 2012 budget. Packet Page 219 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 25 Prepared By:Frances Chapin Department:Parks, Rec, Cultural Services Description on Budget Amendment Summary Flower Pole Artwork Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 127 Gifts Catolog Professional Service 127.200.640.573.200.410.00 1,000 Total Expenditure Increase (Decrease)1,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 127 Gifts Catolog 127.200.640.508.000.000.00 (1,000) Total Ending Fund Balance Increase (Decrease)(1,000) Increase by $1,000 to make total expenditure authority $6,000 to correspond with grant revenue totaling $6,000 that was received in previous years. Expenditure for art work funded by these grants are being made in 2011. Packet Page 220 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 26 Prepared By:Deb Sharp Department:Debt Service Payment Description on Budget Amendment Summary Payment for Public Works Trust Fund Loan Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 411 Utility Fund Principal Payment 411.000.654.582.340.780.00 20,000.00 Total Expenditure Increase (Decrease)20,000.00$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease -$ Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 411 Utility Fund 411.000.654.508.000.000.00 (20,000.00) Total Ending Fund Balance Increase (Decrease)(20,000.00)$ Principle payment for a draw on a public works trust fund loan was not budgeted. The payment is included in the 2011 estimate and is budgeted for in 2012. Packet Page 221 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 27 Prepared By:Deb Sharp Department:Utility Funds Description on Budget Amendment Summary Transfer from operations to capital Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 411 Utility Fund Transfer 411.000.654.597.412.550.00 350,000.00 Total Expenditure Increase (Decrease)350,000.00$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 412 Utility Construction Transfer 412.100.000.397.411.000.00 (350,000.00) Total Revenue (Increase) Decrease (350,000.00)$ Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 411 Utility Fund 411.000.654.508.000.000.00 (350,000.00) 412 Utility Construction 412.100.630.508.000.000.00 350,000.00 Total Ending Fund Balance Increase (Decrease)-$ Increase the interfund transfer amount from the water operations fund to the water construction fund based on the 2010 ending fund balance and estimated 2011 operations expenses. Packet Page 222 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 28 Prepared By:Curt Zuvela Department:WWTP Description on Budget Amendment Summary Re-allocate funds for capital projects. Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 414 WWTP ATS replacement 414.000.656.594.320.650.10 (435,000) 414 WWTP Roof Replacement 414.000.656.594.320.650.10 (75,000) 414 WWTP VFD replacement 414.000.656.594.320.650.10 10,000 414 WWTP A-Basin up-grade 414.000.656.594.320.650.10 45,000 414 WWTP Non-potable pumps 414.000.656.594.320.650.10 15,000 414 WWTP Fiber optic network 414.000.656.594.320.650.10 50,000 414 WWTP Lighting up-grade 414.000.656.594.320.650.10 48,000 414 WWTP Out fall modification 414.000.656.594.320.650.10 33,000 Total Expenditure Increase (Decrease)(309,000)$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 414 WWTP PUD out fall mod 414.000.000.338.800.040.00 (28,000) 414 WWTP Lighting mod 414.000.000.338.800.040.00 (10,000) Total Revenue (Increase) Decrease (38,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 414 WWTP 414.000.656.508.000.000.00 347,000 Total Ending Fund Balance Increase (Decrease)347,000 In the 2011 budget we had $560,000 for capital improvements. $100,000 to repair roofs and $460,000 to replace an automatic transfer switch (ATS) on the plants main incoming power switching gear. We were not able to repair the roof due to time constraints so we have delayed that project until 2012. We have also added two other roofs to that job based on the findings of an independent evaluation of our roof systems. That will bring the total project cost to $260,000. We have started phase one of three on the ATS replacement project. The 2011 expenditure will be about $25,000. We have re-allocated some of the remaining 414 fund balance to other capital projects. We are working with Snohomish County Public Utility District (PUD) on four energy efficiency projects. The total cost estimates for all four projects is $360,000 with a total incentive from PUD around $113,000. This incentive will be paid upon completion of each project, and verification of power savings. Packet Page 223 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 29 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 212th St. /76th Ave Intersection Improvements Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const. Fund Interfund Services 112.200.630.595.330.910.00 5,000 Total Expenditure Increase (Decrease)5,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 112 Street Const. Fund Federal Grant 112.200.000.333.000.000.00 (5,000) Total Revenue (Increase) Decrease (5,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- The amendment will provide a $5,000 budget in 2011 for the 212th St./76th Ave Intersection Improvement Project. The City was successful in receiving a federal transportation grant to design and acquire right of way for this project. The grant was approved after the 2011 Budget was approved and requires a 13.5% local match. The local match will be funded by the 112 Street Construction Fund. The budget will be used to complete the selection of the design and right of way team for the project. Packet Page 224 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 30 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Overlay Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const. Fund 112.200.630.595.330.650.00 2,000 Total Expenditure Increase (Decrease)2,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 112 Street Const. Fund Gas Tax 112.200.000.336.000.880.00 (2,000) Total Revenue (Increase) Decrease (2,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- In 2011, staff worked on the close-out of the 2009 Overlay project. The additional costs are related to the time staff has worked on the project. Packet Page 225 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 31 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Sunset Walkway Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const. Fund Professional Services 112.200.630.595.330.410.00 16,000 112 Street Const. Fund Construction Projects 112.200.630.595.330.650.00 (16,000) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- This amendment will provide budget for preliminary design and survey work on the Sunset Walkway Project. Funding from the Traffic Calming Program is being used to pay for the project costs. Packet Page 226 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 32 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Interurban Trail Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-300 Utility Const Fund Construction Projects 412.300.630.594.320.650.00 (71,000) 412-300 Utility Const Fund Interfund Transfer 412.300.630.597.132.550.00 71,000 412-200 Utility Const Fund Construction Projects 412.200.630.597132.550.00 125,000 412-200 Utility Const Fund Construction Projects 412.200.630.597.132.550.00 40,000 412-200 Utility Const Fund Construction Projects 412.200.630.594.320.650.00 (165,000) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 132 Parks Captial Interfund Transfers In 132.000.000.397.412.300.00 (71,000) 132 Parks Captial Interfund Transfers In 132.000.000.397.412.200.00 (165,000) Total Revenue (Increase) Decrease (236,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 132 Parks Construction 132.000.640.508.000.000.00 236,000 Total Ending Fund Balance Increase (Decrease)236,000 This budget amendment transfers utility funding from the 412 Utility Construciton Fund to the 132 Parks Capital Fund. The transfer of $71,000 from the 412-300 Sewer Utility Fund is for the construction of the McAleer Way Sewer pipeline. The 2011 Budget included this anticipated expenditure in the 412-300 Sewer Utility Fund. The second transfer will move $125,000 from the 412-200 Stormwater Utility Fund to the 132 Parks Capital Fund. The stormwater funding is being used to pay for the placement of permeable asphalt pavement which will help provide better stormwater runoff control for Lake Ballinger residents. The third transfer will move $40,000 from the 412-200 Stormwater Utility Fund to the 132 Parks Capital Fund. The stormwater funding was used to repair an existing stormwater pipeline that was failing and in very poor condition. The pipeline was located within the limits of the Interurban trail project and beneath planned surface improvements funded by the Trail project. The 2011 budget included $522,000 for the Lower Perrinville/Talbot Rd Drainage Improvements. This project was delayed and will not be built in 2011 and a portion of the allocated funding is being used for the transfer of $165,000 of Stormwater Utility Funding to the Interurban Trail Project. Packet Page 227 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 33 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Dayton Street Overlay Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const. Fund Interfund Transfer 412.100.630.597.112.550.00 55,000 412-300 Sewer Const. Fund Interfund Transfer 412.300.630.597.112.550.00 25,000 412-100 Water Const. Fund Construction Projects 412.100.630.594.320.650.00 (55,000) 412-300 Sewer Const. Fund Construction Projects 412.300.630.594.320.650.00 (25,000) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 112 Street Const. Fund Interfund Transfers In 112.200.000.397.412.100.00 (55,000) 112 Street Const. Fund Interfund Transfers In 112.200.000.397.412.300.00 (25,000) Total Revenue (Increase) Decrease (80,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 112 Street Const. Fund 112.200.630.508.000.000.00 80,000 Total Ending Fund Balance Increase (Decrease)80,000 This budget amendment transfers additional utility funding from the 412 Utility Construciton Fund to the 112 Street Construction Fund for the Dayton Street Overlay. The preliminary construction estimate for the project at the time the 2011 Budget was prepared was $120,000. The final design was completed in the first half of 2011 and the construction estimate increased to $200,000 to account for additional items such as curb ramps, signal loop replacements, pavement subgrade repair and inspection and testing costs. The $55,000 from the Water Utility Fund was included as part of the mid-year budget amendment for the 2011 Watermain Replacement Project. This amendment will authorize the transfer of this funding to the 112 Street Construction Fund. The $25,000 from the Sewer Utility Fund will be funded by unspent budget allocation for the Sewer Lift Station Rehabilitation projects. Packet Page 228 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 34 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Lift Station 2 Replacement Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const. Fund Interfund Transfer 412.100.630.597.412.550.00 279,000 412-100 Water Const. Fund Construction Projects 412.100.630.594.320.650.00 (279,000) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 412-300 Sewer Const. Fund Interfund Transfers In 412.300.000.397.412.100.00 (279,000) Total Revenue (Increase) Decrease (279,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 412 Sewer Const. Fund 412.300.630.508.000.000.00 279,000 Total Ending Fund Balance Increase (Decrease)279,000 The 2011 Budget has $279,000 in the 412-100 Water Utility Fund for watermain improvements included in the Sewer Lift Station 2 Replacement project. This amendment will authorize the transfer of this funding to pay for the actual watermain replacement costs. Packet Page 229 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 35 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Dayton/Admiral Emergency Storm Repair Dayton Storm Rehabilitiation Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 76,200 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 82,000 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (158,200) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- An emergency repair was needed on the main 24 inch diameter stormwater pipe on Dayton St. at Admiral Way. Due to age and settlement of the pipe, an 80 ft section needed to be completely replaced and adjoining manholes also needed repair. The cost was $76,162. This project was not in the 2011 budget. Inspection of the main pipe upstream of this area also revealed cracks that needed repairing. Approximately 215 linear feet of pipe was rehabilitated used a cured-in-place pipe liner that seals the cracks and applies a water-tight membrane. The cost of this rehabilitation is estimated at $82,000. This project was not in the 2011 budget. The 2011 budget included $522,000 for the Lower Perrinville/Talbot Rd Drainage Improvements. This project was delayed and will not be built in 2011 and a portion of the allocated funding is being used for the transfer of $158,200 of Stormwater Utility Funding to the Dayton St Storm system repairs. Packet Page 230 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 36 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 2012 Watermain Replacement Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const.Professional Services 412.100.630.594.320.410.00 50,300 412-100 Water Const.Professional Services 412.100.630.594.320.410.00 (50,000) 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 (300) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- This amendment will appropriate $50,300 to complete survey work on the 2012 Watermain Replacement Project. This information will be used to design the watermain replacement work to be constructed in 2012. The 2011 Budget for the 412-100 Water Utilty Fund included $50,000 for an Automated Meter Evaluation Study and $10,000 Telemetry System Improvements. Both projects were postponed and the funding is being used to pay for the survey work on the 2012 watermain replacement project. Packet Page 231 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 37 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary BNSF Track Repair Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 120,500 412-100 Water Const.Professional Services 412.100.630.594.320.410.00 10,000 Total Expenditure Increase (Decrease)130,500$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 412-100 Utility Const. Fund Long Term Debt Proceeds 412.100.000.382.000.000.00 (130,500) Total Revenue (Increase) Decrease (130,500) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- This amendment will appropriate $130,500 to complete the replacement of the City's water utility crossing at Main Street beneath the BNSF railroad tracks. BNSF decided to pursue the track repair at Main Street and the City utility work in fall 2011 and the 2011 Budget did not inlcude funding for this project. The City Council authorized the expenditure of this funding at the November 1st Council Meeting. Packet Page 232 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 38 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Lake Ballinger Basin Study and Associated Projects Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Stormwater Const. Professional Services 412.200.630.594.320.410.00 18,500 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (18,500) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- This project is funded annually to address water quantity and water quality issues in and around Lake Ballinger ($100,000 in 2011). Most of the subprojects that are funded by this project came from the Lake Ballinger/McAleer Creek Watershed Forum. This Forum is made up of representatives form Edmonds, Mountlake Terrace, Lake Forest Park, and Snohomish County. One of the projects agreed to by the Forum members for 2011 involves designing replacement culverts or bridges for the three that are in McAleer Creek on the Nile Golf Course property in Mountlake Terrace. The replacement of these culverts will likely provide a benefit to Edmonds residents in the south and west side of the lake who flood during large storm events. The additional cost is a portion of Edmonds contribution to the culvert design and a survey of the fished floor elevation of homes in Edmonds to support this project. The $18,500 used to fund the additional Lake Ballinger work will be paid with unspent 2011 budget allocation for the Lower Perrinville/Talbot Rd Drainage Improvements project that has been postponed to 2012. Packet Page 233 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 39 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary City BNSF Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 109,000 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (109,000) 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 8,000 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 (8,000) Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- The 2011 Budget for the stormwater improvements for the BNSF project is $23,000. This budget was developed in 2010 with the assumption the City could finalize and pay the majority of stormwater expenditures with the 2010 budget. This did not occur because it took longer than anticipated to reach an agreement with the Contractor on how much the City owed for having to terminate the project because of wood debris encountered beneath the railroad tracks. The 2011 Budget for the water improvements for the BNSF project is $39,000. An additional $8,000 is needed to close-out the project and pay the remaining costs owed to the Contractor. The $109,000 used to fund the additional Lake Ballinger work will be paid with unspent 2011 budget allocation in the Stormwater Utility Fund for the Lower Perrinville/Talbot Rd Drainage Improvements and the Low Impact Development Demonstration projects that have been postponed to 2012. The $8,000 in the 412-100 Water Utility Fund will be paid with the $10,000 budget allocation for the Telemetry System Improvement project that did not go forward in 2011. Packet Page 234 of 352 EXHIBIT “D”: Budget Amendment Detail (November 2011) 40 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 226th St. Walkway Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const.Professional Services 112.200.630.595.330.410.00 6,000 112 Street Const.Interfund Services 112.200.630.595.330.910.00 14,000 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (20,000) 412-200 Stormwater Const. Transfer 412.200.630.597.112.550.00 20,000 Total Expenditure Increase (Decrease)20,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 112 Street Construction Interfund Transfer In 112.200.000.397.412.200.00 (20,000) Total Revenue (Increase) Decrease (20,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- The 2011 Budget for the 226th St. Walkway Project is $139,000. An additional $20,000 is being added to the project budget for professional services during construction and staff time in the design phase. This amendment will also transfer $20,000 of stormwater utility funding to pay for the stormwater design and improvements completed with the project. The stormwater utility funding will come from unspent 2011 budget allocation for the Lower Perrinville/Talbot Rd Drainage Improvements. Packet Page 235 of 352 AM-4345   Item #: 2. K. City Council Committee Meetings Date: 11/07/2011 Time:10 Minutes   Submitted By:Sandy Chase Department:City Clerk's Office Committee:Finance Type:Information Information Subject Title Update on financial policies and reporting. Recommendation from Mayor and Staff Previous Council Action Narrative An Agenda Memo was not submitted for this item. Form Review Inbox Reviewed By Date Mayor Mike Cooper 11/03/2011 03:55 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Sandy Chase Started On: 11/03/2011 03:31 PM Final Approval Date: 11/03/2011  Packet Page 236 of 352 AM-4321   Item #: 2. L. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted For:Council President Peterson Submitted By:Jana Spellman Department:City Council Committee:Finance Type:Action Information Subject Title 2012 Contract for Edmonds City Council Sr. Executive Assistant. Recommendation from Mayor and Staff The City Council President Strom Peterson recommends this contract be put on the November 22, 2010 Consent Agenda for approval. Previous Council Action The Edmonds City Council has approved the contract for the Sr. Executive Council Assistant for the previous 16 years. Narrative The Council President has put this on the November 7, 2011 Finance Committee Agenda and recommends this be put on the November 22, 2010 Consent Agenda for approval. Attachments 2012 Sr Ex Council Assist Contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 10:42 AM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Jana Spellman Started On: 10/28/2011  Final Approval Date: 11/03/2011  Packet Page 237 of 352 ADDENDUM TO EMPLOYMENT CONTRACT SENIOR EXECUTIVE ASSISTANT TO CITY COI]NCII, WHEREAS, the City Council of the City of Edmonds, Washington (hereinafter "City Council") entered into an employment coutract with Jana Spellman (hereinafter "Employee") executed on December I . 20 I 0 fol a terrn ending December 3 I , 20I I : and WHEREAS, at the sole discretion of the City Council. such agreement may be extended for an unlimited nurnber of terms ofone calendar year duration; and WHEREAS. the Ciry Coulcilwishes to extend the contract of the Ernployee for an additional one year tenn effective January l. 20)2 subject to the additional compensation provided in this Addendurr: NOW. THEREFORE. The City of Edrnonds, acting by and through its Mayor and its City Council do hereby enter into this Addendum for an underiying agreelnent for ernployee services in consideration ofthe mutual benefits to be delived. Unless specifically arnended by this Addendurn. all the underlying terms and conditions set forth in the underlying employrnent agreernent shall remain in fullforce and effect. Arnendrnent of Section. Waqes arrd Benefirs. The ua ges set lofth in Section 4 hereby provides for a base rate of Tweuty five and 82/100 dollars ($25.82) per hour (current salary). The Ernployee shall be paid a special hourly wage of Forty and 08/100 dollars ($40.08) (cunent salary) for the videotaping of Edmonds City Council lneetings. This r.ate is equal to the blended base rate times i.5 and includes and is in anticipation of overtime rvages due to the Employee because of her employment in the City of Edmonds Development Services Depaftmeut at a different hourly rate. If her wage in the Development Services Departrneirt is adjusted, the overtime rate will be adjusted to conform to the Fair Labor Standards Act's requirelnents. In addition an hourly wage iucrease to reflect a cost of living increase of 1.5% and a nrerit increase of I .5% (approxirnately $8 I 0) for tire calendar y ear 2012 as has been approved by the Council. In all other respects, the provisions of Sectiou 4 shall rernain in full force and effect 2. Amendrnent of Section 4.2. Vacation. Annual vacation is earned at tlte rate of 7 hours per moutl'r Earned vacation can be cat't'ied over into the next calendar year, provided the arnount carried over does not exceed 168 hours total as of January I st of any year. Unused, accrued vacation shall be paid upon tenniuation of employment. DATE.D this day of 201 I CITY OF EDMONDS EMPI,OYEF, Mayor CITY ATTORNEY Jana Spellman ATTEST/AUTHENTICATED Packet Page 238 of 352 ADDENDUMTO EMPLOYMENT CONTRACT SENIOR EXECUTIYE ASSISTANT TO CrfY COLTNCII, WHEREAS, t}e City Council of the City of Edmonds, Washington (hereinaftcr .,Ciry Council") entered into an employmcnt cont act with Jana Spellman (hereinafter "Employee,') executed on December 4,2009 fot a term ending December 3 l, 2010; and WHEREAS, at the sole discretion of the City Council such agreement may be extended for an unlimited number ofterms ofone calendar year duration; and WHEREAS, thc City Councilwishes to extend tie contract of the Employee for an additional one year term effective January I, 20 I I subject to the additional compensarion provided in this Addendum; NOW, TTIEREFORE, The City of Ednonds, acting by and through is Mayor and its City Council do hereby enter irto this Addendum for an underlying agrcement for employee services in consideration of the mutual benefiLs to be derived- Unless specifically amended by this Addendum, all the underlying terms and conditions set forth in the underlying crnployment agreement shall remain in full lorce and cffrct, l- Amendment of Section. Wages and Benefits. The wages set forth in Secrion 4 hercby providcs for a base rate of Twenty five and 82/100 dollars ($25.82) per hour (current salary). The Employee shall be paid a special hourly v/age of Forty and 08/100 dollars ($40,08) (current salary) for the videotapirg ofEdmonds City Council meetings. This rate is equal to the blended base rate timos [.5 ard includes and is in anticipation of ovcrtime wages duc to the Employee because of her employment in the City of Edmonds Developmelt Services Dcpartlnent at a different hourly rate. If her wage in the Development Services Depa-rtnent is adjusted, t}le overtime r.rte will be adjusted to conlorm to the Fair labor Stardards Act's requirements. In addilion, these hourly wage amounts shall also be increased to rellect the same cost of living percentage as the Courcil approves in the annual salary ordinarce for non-representcd employees for tle calendar year 2010, with such charge to be effective in the same manner as tie annual saiary provides for regular non-represented, ln allothcr rcspccts. trc provisions ofSection 4 shall remain in full lorce and effect 2. Amendrnent ofSection 4.2, Vacatioo. Annual vacation is eancd at the rate of 7 hours r pcr month Eamed vacatiol can be carried over into the next calendar year, provided the amount carrisd over does not excecd 168 hours total as of Jaruary lst ofany year. Unused, accrued vacation shall be paid upon termination of cmployrnent. DATED this /-t day of 2010. CITY OF MONDS Mayor Mike Co na Spellman t : CITY ATTEST/AUTHENTICATED J Packet Page 239 of 352 '"*'o* "*"ffi#HJJ'iRTH3fi ' "o^.o, WIIEREAS, the City Council of the City of Edmonds, Washington (hereinafter "Ciry Council',) utilizesthe services of a Senior Executive Assistant to perform a viriety of confidentiai tasks ,"l"t"J to rt,legislative firnctions; and WEEREAS, the Mayor of the City of Edmonds is by state statute the chief administrative officer of thecity, invested lr'ith the power to hire and rue emproyees and to direct their day+o-day activities; and WIIEREAS, in the interest of fostering an appropriate working relationship between the SeniorExecutive Assistant and the City Council, the Mayor wishes to d;legate the day+o-duy ."rporr.ibility for the direction of said person to the City Council,s presidenl and WHEREAS' the City Council and Mayor wish to fill the position of Senior Executive Assistant with anemployee, specifically answerable to the Council, under specific, limited terms and conditionsgovemed by the provisions of this ernployment agreement and not subject to the general personnel policies of this City; Now' TTTEREFORE, the city of Edmonds, washington, acting by and through its Mayor and Jana lpellrnan (helernafter "Employee), do hereby enter into this agriement fo. ,mfloym"nt ,"rvices. TheEmployee's emPloyment shall be govemed exclusively by the provisions of 'this contract unless otherwise provided herein. 1. Term of Emplovment: This contract should come up for renewal by the current Council president on December 1, 2003 with an effective date of January 1, 2004. Thereafter, this agreement maybe extended for an unlimited n umber of lerms of one calendar year duation at the ole discretion of thes 1 city _council. The purpose of this term is to permit an arnual review of the performance of theEmployee by the outgoing Council Prdsident in order that the Council President mav determine whether or not it is appropriate to renew this agreement for an aclditional termG). It is one of the basic _ understandings of this agreement that the Employee will work closely with the council President and the city council. As such, this position shall be one in which the confidence of thecouncil President and city council shall be essential to the proper performance of the Employee,sduties. Therefore, the council reserves the right not to reniw this-agreement, or to terminate the aSreement as herein provided in order to presewe that confidence and a feeling of confidentiality between the council President, the city council, and the Employee as "senior Exeiutive Assistant',. Du!r9!i The Employee shall serve as the Senior Executive Assistant for the City Council. The Employee shall be under the general day-to-day direction of the Council Presid.ent and shall provide such assistarce as may be necessary to individual members of the Council. In the event of conflict in s.uch directions, the Employee shall rely upon the direction of the Councit Presidenr A generalized description of the duties of this position are attached hereto as Exhibit A. The listing of duiies in such exhibit is intended as a descriptive tool only, and shall not limit the Council Presideit or City Council to make task assignment; provided, however, that such duties be linked to the council piesident,s office and the legislative function of the city council of Edmonds and shall, in all respects, be governed by statutory, oonstitutional and ordinance lirnitations on the duties of public employees. The Mayor of the city of Edmonds, by her signature below, specifically acknowlidges tnaishe has delegated her statutory authority to direct the day-to-day duties of this Employee, and this Employee alone, to the city council to be exercised by and through its counoil president. This dbtegation is revocable and shall not be binding on subsequent elected or appointed mayors unless ratified by them. 3 Eours. 9t work: The Employee shall work regulbr office hours as assigned and directed by the city council tfuough the council President. such hours will normally be worked between g:00 a,m. ani 5:00 p m-, Monday through Friday. In addition, the Employee may perform assigned work off site, {Z)fl-417860.DOC;l/00m6.9001 30/}Employment Conhact Sr. Ex. Assistant ro City Couocil Year 2004 Packet Page 240 of 352 4 such as and including preparation of minutes. Such hours shatt be within prescribed limits and approved by the council President. It is anticipated that the Employee shall work up to 20 hours perweek. NOTE: The level of the employee'5 benefits is based upon a proration ofhours worked. Tiisgeneral description of working hours shall not limit the ability of the Council president to charge theworking schedule or adjust it from time to time. Wase and Benefits: The Employee shall be paid a base rate of $19.61 (Nineteen dollars and Sixty_one cents) per hour' The Emproyee shalr be paid a special hourly wage of s29.42 (Twenty-nine dollars and Forty-Two cents) for the video taping of the Edmonds ci! co'ncil ,n,J"ri'gr.' iii"special rate is based on an overtime rate ofone and one halfthe base rate; provided, howevJr, that ifthe overtime rate calculated pursuant to the Fair Labor Standards Act is higher, the higher raie shallalply: The cify wilt pay the applicable employer's prorated portion of Medicare, pE{S retirement,tre Municipal Employee Benefit Trust (NGBT), washington-State Industrial raxes, and such other payments, or beneflts as may be required under the provisions of state ald federal law based upon the number ofhours worked. MEBT b-enefits shall be provided as required by law or by the provisions of a plan document. "Plan Document" shall mean for the pu.po."r o1thi, ug.eement the MbBT or othercontract, or policy documents which require, by their terms, the participation of all qualified employees- The benefits of the Employee shall be govemed solely by this ageement. No beneht not specifically addressed or listed herein shall he grarted to the Employee. The provisions of this agreement shailcontrol over any conflicting provision of the city ordinances, city personnel Manual,-any collective bargaining agreement, or any other genera[ grant of benefits to city employees. The benefrts which the Employee shall receive are limited to the following: 4.1 rnsurance Benelits: The city will allow the Employee to participate in the cify,s group employee insurance programs listed below- The city will pay thi insurance premiuris in accordance with the following schedule: INSI]RANCE BENEFIT Dental (WDS) family coverage Vision Medicare Medical Industrial Accident Public Employees Retirement Unemplol,rnent Insurance MEBT PREMIUMPAID _+sw ,/5 7" 4ryA- 15 7o As per Federal law 25% 45 7o As per State law As per State law As per State law As per City Ordinance 0Mt,WF w% 4.2 Yzcttion:.Annual vacation is eamed at the rate of 64 hours per year. Eamed vacation can The city will allow the Employee to use payroll deduction @remium only plan) to pay for the Employee's cost of the above-listed insurance benefits. The city's payrnent is contingent on the Employee's qualification for each insurance program in accordalce with plan Documents and does not constitute an obligation to pay a sum in lieu of insurance or premium. be carried over into the next calendar year, provided the amount carried over does not exceed 64 hours total as of January 1 't of any year. unused, accrued vacation shall be paid upon termination ofemployment- 4.3 sick Leave: sick leave is eamed at the rate of 40 hours per year. Eamed sick leave can be accumulated up to a maximum of 500 hours. Unused, accrued sick leave shall be forfeited upon termination of employment. {ZX-4 l7860.DOC; i/00006.90013o/}Employment Confract Sr. Ex. Assistant to City Council Year 2004 2 Packet Page 241 of 352 5- 6 7 4.4 Hplidqy Pav: The employee sharr receive pro-rated pay for all holidays during which City offices are closed. 9 DONE this 4th day of December, 20&li conlidentialitv: one ofthe basic purposes ofthis agreement is to provide an emproyee who seryes in a conhdential capacity to the city council and its councit president. The Employei acknowledges that she has been informed of the necessity for confidentiality and understands that she shall rep"ortdirectly to the council Presidcnt any matter which she feils would breach such confidence orconfidentiality. In the event of any apparent conflict between the needs of the ciw council and that of the City in general, the Employee shall report such matter to the Council President ald relv on hisor her direclion. In keeping with this confidential relationship, the Senior Executive Assistantposition shall not be a part of a collective bargaining unit nor subject to any collective bargaining agreement. Tgrmination of Asreement: The City, by its Mayor and City Council, and the Employee acknowledge that this employrnent agreement creates an at-will empiol.rnent reiationship which may be terminated any time with or without cause by either party. ihis paragraph shali control ani supersede any portion ofthis Agreement that might otherwise be construid as in any way altering the Employee's at-will status. Ind+ungalioq: As ar employee of the city, the Employee shall have the righr to indemnification by and on behalf of the City for actions taken in the scope of her employnent in accordance with the provisions of chapter 2.06 ofthe Edmonds city cocle as the same exists or is hereafter amended. Entire written Aereement: This document represents the entire agreement, wriften or oral, between the parties- No representative or other oral agreement by either parry shall survive the execution of this document. This document shall be amended only upon the expressed written agreement ofboth parties. The City Council President shall confer with the Mayor regarding any change_ Severabilitv: The provisions of this agreement shall be severable. In the event that any provision hereof is held to be void, illegal, or unenforceable, the remaining provisions shall^ survive. PROVIDED, however, that in the event the provisions ofparagraph 5, relating to the exclusion ofthis position from any collective bargaining unit, or of paragraph 6, relating to this agreement as one ofat-will employment, arelis held to be unenforceable, invalid, or void, this agreement shall immediately be at an end. 8. 9 CITYOFEDMONDS: Ma r CITYA d:mydocumentvwordata4anz/Spellman Confi act 2004.doc EMPLOYEE: a Spellman ATTEST/AU"IHENTICATED : ,/ (' {Z{L,l I 7860.DOC; I/00006.900130/}Employmert Conhact Sr. Ex. Assistant to City Cou[cil Ye?.I 2004 3 Packet Page 242 of 352 Under the direction of the Presjdent of the city Council, perform responsible and sole administrative and secretarialsupport for the Council President and City 'Councilmembers; coordinate office functions and serve as liaison beh,veencity adminiskators, Councilmembers and staff; exercise independent judgment and confidentiality in assisting withadministrative deiails requiring considerable knowledge and interpretation oi City policies and procedures. w ity st @\monbd CLASS TITLE: SENIOR EXECUTIVE ASSTSTANT TO THE C|TY COUNCIL BASIC FUNCTION: REPRESENTATIVE DUTIES: Perform related duties as assigned lanuuy 1997 Ewing & Company Perform responsible and sole administrative and secretarial support for the Council president and CityCouncilmembers; coordinate offlce functions and serve as liaison between City adminiitrators,Councilmembers and stafF. E Exercise independent judgment and .confidentiality in assisting with administrative details requiring considerable knowledge and interpretation of City poiicies and proledures. E Oversee and administer day{o-day activities and functions of the City Council's officel exerciseindependent judgment and initiative in coordinating and performing technical and responsible secretarial functions of the office. E Type letters, memos, correspondence and reports, including information regarding confidential mafters asrequired, respond to requests and inquiries as appropriate; prepare siatus ieports from local areanewspapers pertinent to the Council. E Greet visitors to the City Council's office; answer phones, provide routine information and direct toappropriate individual; open (at individual Councilmember's discretion), sort and distribute incoming mail; receive citizen complaints and concerns; resolve complaints or refer situation to appropriate individ;1. E Research special projects at the request of Councilmembers. E Prepare council budget for approval; monitor and control expenditures and budgets; fore expenditures and incorporate into the budget; submit budget to council president fJr review amendments. E and cast Prepare payroll records; prepare and submit Council member timesheets; requisitions and purchase orders and order office supplies as needed. E Prepare council meeting agenda memos; draft resolutions to be presented to council; read councilminutes for contenl and maintain working knowledge of council meeting; respond to requests of Councilmembers. E Exercise discretion in disseminating information, explaining policies and procedures and speaking as directed for the City Council President and members in personal and telephone contacts and meetings. E Serve as liaison between the President and Council; prepare press releases and submit to the Council President for approval. E. Oversee Student Council Program. E Operate a computer and assigned software systems to maintain records and generate lists, reports and other materials; operate other standard office equipment as assigned. E Organize, attend and record various City Council functions including meetings and retreats; take/transcribe minutes as required. E Packet Page 243 of 352 Besponsibilities added since 1997: Videotape Council Meetings Program Channel 21 - Government Access Channel Update Council web pages KNOWLEDGE AND ABILITIES- KNOWLEDGE OF: Principles, practices and procedures utilized in an administrative office. Office management technjques City organization, operations, policies and objectives. Applicable sections of City Codes and other applicable laws. Operation of office machines including computer equipment. Basic budget preparation and control techniques. Modern office practices, procedures and equipment. Telephone techniques and etiquette. Record-keeping techniques. correct English usage, grammar, spelling, punctuation and vocabulary. oral and written communication skills. lnierpersonal skills using tact, patience and courtesy. Working knowledge of video equipment. Maintain video equipment. Working knowledge of Leightronix equipment for Channel 2i ABILITY TO: Perform responsible secretarial and administrative assistance duties in support of the City CouncilPresident and members. Exercise independent judgment in assisting lhe Councilmembers in administrative details, requiring knowledge and interpretation of City policies and procedures. Read, interpret, explain and follow rules, regulations, policies and procedures. Establish and maintain a confidential flling system. Compose effective correspondence independenfl y. Operate a variety of office equipment including a personal computer. Establish and maintain cooperative and effective working relationships with others. Type at an acceptable rate of speed. Determine appropriate action within clearly defined guidelines. Make arithmetic calculations with speed and accuracy. Work independently with little direction. Meet schedules and time lines. Work confi dentially with discretion. Communicate effectively both orally and in writing. EDUCATION AND EXPERIENCE; Any combination equivalent to: two years college-level course work in secretarial science or related field and five years increasingly responsible secretarial and administrative support experience. WORKING CONDITIONS: ENVIRONMENT: Offi ce environment. PHYSICAL ABILITIES: Hearing and speaking to exchange information in person and on the telephone Dexterity of hands and fingers to operate a computer keyboard. Seeing to read a variety of materials. Sitting for extended periods of time. Bending at the waist, kneeling and crouching to retrjeve files. lanuuy 1997 EwinS & Compaiy 2 Packet Page 244 of 352 AM-4302   Item #: 2. M. City Council Committee Meetings Date: 11/07/2011 Time:5 Minutes   Submitted For:Finance Committee Submitted By:Carla Raymond Department:Public Works Review Committee: Finance Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Authorization to contract with James G. Murphy to sell surplus city vehicles. Recommendation from Mayor and Staff It is recommended that authorization be given to Public Works to contract with James G. Murphy to sell surplus city vehicles. Previous Council Action N/A Narrative Previously, the city has utilized the services of James Murphy Auctioneers to sell surplus city vehicles and equipment. This has proven to be a cost effective method to manage surplus items. The following vehicles  Unit # 19-WTR 1995 F-250 Service Truck Vin # 1FTHX25H9SKA45146 Unit # 38-WTR 1995 Ford Pickup Vin # 2FTHF25H7SCA59263 Unit # 56-WTR 2000 GO-4 Scooter Vin # 2W9MPK638YP044094 Unit # 135-PLN 2004 Ford Taurus Vin # 1FAHP58204A186064 Police Forfeiture 2000 Ford Focus Vin# 1FAHP3423YW301243 Fiscal Year:  2011     Revenue:$ 12,500     Expenditure:  Fiscal Impact: Proceeds from the auction will be deposited into Utility Vehicle Replacement and General Fund Vehicle Replacement 511 B-Funds. Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 03:26 PM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Carla Raymond Started On: 10/20/2011 02:45 PM Final Approval Date: 11/03/2011  Packet Page 245 of 352 AM-4320   Item #: 3. A. City Council Committee Meetings Date: 11/07/2011 Time:10 Minutes   Submitted By:Al Compaan Department:Police Department Committee:Public Safety Type:Action Information Subject Title Interlocal Agreement for Special Weapons and Tactics Team (SWAT) Recommendation from Mayor and Staff Approve Interlocal Agreement for Consent Agenda Previous Council Action None Narrative The cities of Edmonds, Lynnwood, and Mountlake Terrace have operated a tri-city police Special Weapons and Tactics Team (SWAT) for many years. The most recent interlocal agreement was signed by the three cities in 1995. In recent months, these same three cities have been in discussion with the cities of Bothell, Monroe, and Lake Forest Park to merge their respective SWAT personnel into a new, consolidated team. A merged team, to be known as North Sound Metro Special Weapons and Tactics (SWAT) / Crisis Negotiating Team (CNT), has many operational, tactical, and economies of scale advantages over a team comprised only of the original three cities. Upon reaching consensus among all six cities, the interlocal agreement has been updated to reflect the membership of the six cities, has been approved by the respective city attorneys of each of the cities, and has also been approved by Washington Cities Insurance Authority (of which all cities, except Lynnwood) are members) legal counsel. Staff recommends that Public Safety Committee approve this Interlocal Agreement for Consent Agenda, thereby authorizing the Mayor to sign the agreement on behalf of the city of Edmonds. Fiscal Impact Fiscal Year:ongoing Revenue:Expenditure: Fiscal Impact: Funds required for the city of Edmonds' participation in this draft SWAT interlocal (as well as participation in the current interlocal) for 2011 are found in the approved Police Department budget. The Mayor's 2012 budget now under consideration by City Council includes funds in the Police Department budget for SWAT operations in 2012. Attachments SWAT Interlocal Agreement Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/01/2011 07:34 AM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Al Compaan Started On: 10/28/2011 02:36 PM Final Approval Date: 11/03/2011  Packet Page 246 of 352 Page 1 of 13 INTERLOCAL AGREEMENTBETWEEN THE CITIES OF BOTHELL, EDMONDS, LAKE FOREST PARK, LYNNWOOD, MONROE AND MOUNTLAKE TERRACE; FOR THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT)/ CRISIS NEGOTIATING TEAM (CNT). THIS INTERLOCAL AGREEMENT (Agreement) is entered into by and between the City of Bothell, a Washington municipal corporation (Bothell), the City of Edmonds, a Washington municipal corporation (Edmonds), the City of Lake Forest Park, a Washington municipal corporation (Lake Forest Park), the City of Lynnwood, a Washington municipal corporation (Lynnwood), the City of Monroe, a Washington municipal corporation (Monroe), and the City of Mountlake Terrace, a Washington municipal corporation (Mountlake Terrace), (collectively referred to hereinafter as Parties or Cities). WHEREAS, the Cities are public agencies as defined by RCW Chapter 39.34 and RCW Chapter 10.93, and are authorized to enter into interlocal agreements to provide for joint or cooperative actions to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, incidents of a serious criminal nature do occur which require a need for a specially trained and equipped unit to effectively resolve the situation. These incidents create a demand upon the undersigned Cities respective to resources which are better and more economically served by combining resources to form a joint specialty team called the NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS, (hereinafter SWAT Team); and WHEREAS, the SWAT Team shall be specially trained and equipped to provide a cooperative and joint effort among the undersigned Cities’ police departments to respond to and resolve criminal activity of a high risk nature in accordance with state and federal law. NOW, THEREFORE, be it agreed in accordance with RCW 39.34 and RCW 10.93: 1. CREATION AND AUTHORIZATION. The undersigned Cities hereby create THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT) Team. The SWAT Team is hereby authorized and directed to achieve the objectives of this Agreement. 2. OBJECTIVE. The primary objective of the SWAT Team is to respond effectively and appropriately to incidents which create a significant and higher safety risk for officers/detectives in the field and the public. Packet Page 247 of 352 Page 2 of 13 3. EXECUTIVE BOARD/SWAT STRUCTURE. The undersigned Cities hereby create an Executive Board (Board) to direct the SWAT Team. The Executive Board shall be comprised of the Police Chiefs of all participating Cities. Based upon recommendations from the SWAT Commander and or Board members, the Board reviews and approves changes and updates to the SWAT Policy and Procedures Manual (SWAT Policy) and also provides approval and gives direction on operational matters as presented and requested by the SWAT Team Commander. Each member of the Board shall have an equal vote and voice on all Board decisions. All decisions, except those related to the SWAT Policy and Procedure manual, shall be made by a majority of voting Board members, provided a quorum of four (4) Board members are present. SWAT Policy and Procedure decisions shall require a unanimous vote from all Board members. The Board will meet at least once a quarter. 3.1 SWAT Team Structure. 3.1.1 The goal of the SWAT Team is to have a minimum of twenty-four (24) trained officers and one (1) Command Level Officer (SWAT Team Commander). Staffing shall be proportional to the size of the participating city police department’s commissioned strength and the ability of that police department to staff positions. 3.1.2 When subsequent attrition occurs in the SWAT Team, such vacancies shall be filled based on a mutually agreed to and managed selection process approved by the Board. 3.1.3 The Board will determine the host police department for the SWAT Team and the selection of the SWAT Team Commander. The SWAT Team Commander will recommend appointments for the positions of Assistant SWAT Team Commander and SWAT Team Leader(s) to the Board who shall have final approval. (See attached Appendix A for an organizational chart). 3.1.4 Incident command shall be the responsibility of the police department of jurisdiction in which the incident occurs. The police department of jurisdiction may delegate incident command responsibility to the SWAT Team Commander, or an appointed designee in his absence, but will still be required to provide a liaison to the SWAT Team Commander for the duration of the event. 3.1.5 Distraction devices, gas munitions, and entrance explosives will be stored and handled per the SWAT Policy and Procedures manual and other applicable state and federal laws and regulations. Packet Page 248 of 352 Page 3 of 13 3.1.6 The general specifications of SWAT equipment/weapons will be contained within the SWAT Policy and Procedures manual. 3.1.7 SWAT policies and procedures will be standardized and agreed to by all participating Board members including any modifications or amendments thereto. Each Board member understands that SWAT, when activated in their respective jurisdictions, will act in accordance with the SWAT Policy and Procedures manual, as unanimously approved by the Board. 3.1.8 Except as provided herein, all personnel are deemed to be continuing employment for their respective employers when activated as members of the functionally consolidated SWAT Team. Each participating City shall be solely and exclusively responsible for the compensation, benefits, and training expenses for those personnel. All rights, duties, and obligations of the employer and the employee shall remain with that participating City. Each City shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions on any applicable collective bargaining agreements and civil service rules and regulations and its disciplinary policies and procedures. 3.1.9 During field activation of the SWAT Team, an Incident Commander, SWAT Team Commander and SWAT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, SWAT Team Commander and SWAT Team Leader(s) shall be set forth in the SWAT Policy and Procedures manual approved by the Board. 3.2. Team Composition. The Board determines the SWAT Team composition and selection process. 3.3 Crisis Negotiating Teams. There will be a Crisis Negotiating Team (CNT) component. The Board will determine the composition of the Team and associated selection criteria. 3.4 Policy Development and Review. 3.4.1 The Board shall determine who will coordinate development of SWAT Team policies and procedures. At a minimum, such policies and procedures shall address: a. Appointment to Team/Team Composition b. Risk Analysis Assessments c. Special Procedures Packet Page 249 of 352 Page 4 of 13 d. Munitions Storage Policy/Equipment Considerations e. Diversionary Device Use and Deployment f. Firearms Qualification Standards g. Minimum Training Requirements/Fitness Standards h. Mutual Aid Responses 3.4.2 Following policy and procedure review and approval, the Board shall forward copies of the SWAT Policy and Procedures manual to the police departments of participating Cities. 4. COST SHARING/BUDGET AND FINANCE. The Parties agree to budget and finance provisions for costs incurred by or in connection with the operations of the SWAT Team, in accordance with the following: 4.1. For purposes of general administration, the Board shall determine which City shall be designated as the Host police department. That police department will coordinate budgetary expenditures with all participating Cities. 4.2. All costs associated with the initial and continued outfitting of a SWAT Team member, including but not limited to, clothing and weapons shall be the responsibility of the employing City of any team member. This equipment shall remain the property of the purchasing City. The maintenance and replacement of individual team member’s equipment shall be the responsibility of the employing City. 4.3. Any overtime costs associated with all deployment operations or team training of SWAT Team members shall be the responsibility of the employing City of any team member. 4.4. All member participating Cities understand there is need for equipment, and/or training for specialty positions within the team, that may be utilized by any qualified team member during the course of operations or training. 4.5. Each participating City will provide an amount of money determined by the Board and approved through the budget processes of each participating City’s legislative body for necessary purchases per calendar year for approved operational expenditures. The Board shall designate one (1) participating City which will establish a single SWAT Team operational budget. Participating Cities agree to leave any money left over from that calendar year in the SWAT operational budget, which will be held in the account to supplement/augment SWAT organizational operations with the approval of the Board. 4.6. By May of each year, the SWAT Team Commander will submit a proposed operational budget request for approval to the Board, itemizing anticipated team/specialty Packet Page 250 of 352 Page 5 of 13 training and team equipment purchase requests for the following budget cycle. Each participating City will then submit for review and consideration the proposed operational and team/specialty training and team equipment budget via their own budget process. All team/specialty equipment purchases made during the calendar year will be documented via an inventory database spreadsheet. Training and equipment for individual team members will be the responsibility of each participating City. 4.7. During unusual occurrences emergency expenses outside the parameters of the approved SWAT Team operational budget can be approved and ratified by agreement with a quorum of the Board. These expenses will be incurred only out of operational necessity (i.e., additional overtime or supplies related to a SWAT operation). 4.8. All Parties intend that the budget and finance provision contained herein shall support the activities of SWAT Team operations and training. 5. LIABILITY FOR INDEMNIFICATION AND DEFENSE FROM THIRD PARTY CLAIMS. 5.1 Equal Sharing of Liability. The Cities agree that liability for the negligent or unintentionally tortious actions of the SWAT Team or any police officer or employee working for or on behalf of the SWAT Team be shared equally on an equal shares basis between the participating Cities. It is further the agreement of the Cities that no City should be required to pay more than an equal share of the cost of payment of any judgment or settlement for a liability claim which arises out of and is proximately caused by the actions of any officer, employee or City which is acting on behalf of or in support of the SWAT Team and acting within the scope of any person’s employment or duties to said SWAT Team. This risk sharing agreement shall not apply to judgments against any party or officer for punitive damages or for damages resulting from intentionally tortious actions. This general agreement on liability sharing is subject to the following terms and conditions set for the below in Sections 5.2 to 5.10. 5.2 Hold Harmless. Each City agrees to hold harmless and indemnify the other participating Cities from any loss, claim or liability arising from or out of the negligent or unintentional tortious actions or inactions of its officers and employees or each other as related to any SWAT Team activity. Such liability shall be apportioned among the Cities equally on an equal shares basis subject to any limitation set forth below. 5.3 Defense of Lawsuits. Each City shall be responsible for selecting and retaining legal counsel for itself and for any employee of said City who is named in a lawsuit alleging liability arising out of Packet Page 251 of 352 Page 6 of 13 SWAT Team operations. Each City who retains counsel for itself and/or its officers and employees shall be responsible for paying the attorney’s fees incurred by that counsel. The Cities shall not share costs of defense among each other unless they specifically agree to have one attorney representing all of them in any particular legal action. 5.4 Notice of Claims and Lawsuits and Settlements. In the event that a lawsuit is brought against a participating City, its officers and employees for actions arising out of their conduct in support of the SWAT Team operations, it shall be the duty of each said City to notify the other Cities that said claims or lawsuit has been initiated. No settlement of any such claim or lawsuit by any single City shall require equal shares contribution by any City unless it was done with the knowledge and specific consent of the other participating Cities. Any settlement made by any individual City or member which does not have the consent of the other participating Cities to this Agreement will not require any sharing of payment of said settlement on behalf of the non-consenting Cities. 5.4.1 Settlement Procedure. 5.4.1(1) Any City who believes that it would be liable for a settlement or judgment which should be equally shared by the other participating Cities to this Agreement shall have the burden of notifying each other participating City of all settlement demands made to that City and any claims and/or lawsuits naming that city and/or its officers and employees for what may be a joint liability. Furthermore, if the other participating Cities are not named as parties to the actions, it shall be the burden of the City named in the lawsuit to keep the other participating Cities fully apprised of all developments in the case and all settlements demands, mediations or any other efforts made towards settlement. Settlements require the specific consent of all participating Cities to this Agreement before any equal share obligations for payment by all participating Cities becomes effective. 5.4.1(2) No City shall enter into a settlement with a claimant or plaintiff unless said settlement ends the liability of all participants to this Agreement and on behalf of their respective employees and officers. It is the intent of this Agreement that the Cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all Parties to this Agreement agree with the settlement costs or, in the alternative, that all Parties to this Agreement reject settlement demands and agree to go to trial and share equally in any judgment incurred as a result of the decision to go to trial. However, in the event that a settlement demand is presented to all the participating Cities to this Agreement and there is not unanimous consent to pay the settlement, then and only then the following results shall occur: Packet Page 252 of 352 Page 7 of 13 5.4.1(2)(1) The Cities shall be free to seek a separate settlement with the claimant and/or plaintiff which would eliminate the liability of that City and/or its officers and employees and, if such separate settlement is reached, that City would have no responsibility to pay any proportionate amount of any judgment rendered against the Cities and/or their officers and employees that did not settle. A City making a separate settlement would not have to pay any proportion amount of any subsequent settlement that others might reach. Any City making a separate settlement would have no right to seek any reimbursement or contribution for any portion of a settlement which said City had reached separately with the claimant and/or plaintiff. 5.5 Cooperation in Defense of Lawsuits. The Cities and their respective defense counsel shall, to the extent reasonably legally possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of the SWAT Team and shall agree, wherever possible, to share non-attorney fee-related costs such as records gathering, preparation of trial exhibits, and the retention and payment of expert witnesses. 5.6 Payment of Judgments. Unless there is an exception as provided in paragraphs 5.4.1(2) and 5.4.1(2)(1), it is the intention of the participating Cities under this Agreement to jointly pay any judgment on an equal share basis for any judgment against any officer and/or employee and/or City for negligence or unintentional tortious action arising out of their conduct in the course of their employment or duties as SWAT Team members or in support of such SWAT Team operations; regardless of what percentage of liability may be attributed to that participating City or its officers and employees by way of verdict or judgment, including the costs of any awarded plaintiff’s attorney’s fees and costs. It is the intent of the Parties to add up the total combined judgment against any participating City and/or officer and/or employee for compensatory damages and/or plaintiff’s attorney’s fees and costs and to divide said total combined judgment into equal shares and each City would then pay its equal share of the total combined judgment to satisfy the judgment. Any City which refused to pay its equal share would then be liable to the Cities who paid that City’s share in order to satisfy a judgment plus any attorney’s fees incurred in the collection of said monies from the non-paying City. 5.7 Nothing Herein Shall Require Or Be Interpreted To: 5.7.1 Waive any defense arising out of RCW Title 51. 5.7.2 Limit or restrict the ability of any City, officer or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to Packet Page 253 of 352 Page 8 of 13 seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 5.7.3 Cover or apportion or require proportionate payment of any judgment against any individual or City for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages, fines or sanctions against any individual or City. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require equal sharing of any punitive damage awards, fines or sanctions. 5.8 Insurance Coverage. The Cities shall, to the best of their ability, coordinate their liability insurance coverages and/or self-insured coverages to the extent possible to fully implement and follow the Agreement set forth herein. However, the consent of any liability insurance carrier or self-insured pool or organization is not required to make this Agreement effective as between the member Cities signing this Agreement and the failure of any insurance carrier or self insured pooling organization to agree or follow the terms of this provision on liability shall not relieve any individual City from its obligation under this Agreement. 6. NON-WAIVER. A waiver by any City hereto of a breach of any other City hereto of any covenant or condition of this Agreement shall not impair the right of the City not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of any City to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 7. AMENDMENTS. This Agreement may only be amended by written agreement of all the undersigned Cities that have not terminated their respective participation under this Agreement. 8. SEVERABILITY. Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect. 9. TERM AND TERMINATION. Packet Page 254 of 352 Page 9 of 13 9.1 The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. 9.2 Any Party may withdraw from and terminate participation under this Agreement upon the giving of thirty (30) calendar days advance written notice of intent to withdraw/terminate to the other Parties herein. Withdrawal during any calendar year shall not entitle the withdrawing Party to a reduction or refund with respect to funds budgeted for or otherwise committed with respect to the withdrawing Party for any calendar year. Termination of this Agreement and/or withdrawal of a Party shall not terminate Section 5 hereof with respect to the withdrawing Party as to any incident arising prior to the withdrawal of the Party and Section 5 shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. 9.3 A majority of the participating Cities may terminate this Agreement at any time. Such termination shall be set forth in a document signed by the authorized Chief Executive Officer or designee of a majority of the participating Cities. 9.4 Upon termination of this Agreement by the participating Cities, property used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the City that provided or paid for such items. Items that were jointly purchased by the Cities will be distributed between the police departments on a basis agreed to in writing by the respective police chiefs. 9.5 In the event that a City withdraws from and terminates participation under this Agreement in accordance with Section 9.2, property that was paid for and/or provided by that City and was used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the withdrawing/terminating City. Items that were jointly purchased by the Cities will continue to remain with and be available for use by the SWAT Team until such time that this Agreement is terminated in its entirety. Packet Page 255 of 352 Page 10 of 13 10. NOTICES AND CONTACTS. Unless otherwise directed in writing, notices, reports, invoices, payments and other documents shall be delivered to each City as follows: City of Bothell City of Edmonds Attn: Police Chief Attn: Police Chief 18410 101st Ave., N.E. 250 5th Ave., N. Bothell WA 98011 Edmonds WA 98020 City of Lake Forest Park City of Lynnwood Attn: Police Chief Attn: Police Chief/Purchasing 17425 Ballinger Way, N.E. 19321 44th Ave., W. Lake Forest Park WA 98155 Lynnwood WA 98036 City of Monroe City of Mountlake Terrace Attn: Police Chief Attn: Police Chief 806 West Main Street 5906 232nd St., S.W. Monroe WA 98272 Mountlake Terrace WA 98043 Notices mailed by any City shall be deemed effective on the date mailed. Any City may change its address for receipt of reports, notices, invoices, payments and other documents by giving the other Cities written notice of not less than seven (7) days prior to the effective date. 11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Snohomish County, Washington. 13. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. Packet Page 256 of 352 Page 11 of 13 14. FILING. As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the Snohomish County Auditor, or, alternatively, listed by subject on the website of each participating City. Dated this _________day of _________________, 2011. CITY OF BOTHELL CITY OF EDMONDS ______________________________ _____________________________ Bothell Mayor Edmonds Mayor ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: ______________________________ ______________________________ Bothell City Clerk Edmonds City Clerk APPROVED AS TO FORM APPROVED AS TO FORM ______________________________ ______________________________ Bothell City Attorney Edmonds City Attorney CITY OF LAKE FOREST PARK CITY OF LYNNWOOD ______________________________ ______________________________ Lake Forest Park Mayor Lynnwood Mayor ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: ______________________________ ______________________________ Lake Forest Park City Clerk Lynnwood Finance Director APPROVED AS TO FORM APPROVED AS TO FORM ______________________________ ______________________________ Lake Forest Park City Attorney Lynnwood City Attorney Packet Page 257 of 352 Page 12 of 13 CITY OF MONROE CITY OF MOUNTLAKE TERRACE _______________________________ _______________________________ Monroe Mayor Mountlake Terrace City Manager ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: ________________________________ _______________________________ Monroe City Clerk Mountlake Terrace City Clerk APPROVED AS TO FORM APPROVED AS TO FORM ________________________________ ________________________________ Monroe City Attorney Mountlake Terrace City Attorney Packet Page 258 of 352 APPENDIX “ Element Leader 5 Person Element Page 13 of 13 APPENDIX “A” - ORGANIZATIONAL CHART SWAT Team Commander SWAT Team Leader 5 Person Element Leader 5 Person Element Element Leader 5 Person Element Asst. Team Leader Asst. Team Leader H.N.T. Team Leader Asst. Team Commander Sniper Element Leader 4 Person Sniper Element Packet Page 259 of 352 AM-4336   Item #: 3. B. City Council Committee Meetings Date: 11/07/2011 Time:10 Minutes   Submitted By:Gerry Gannon Department:Police Department Committee:Public Safety Type:Action Information Subject Title Renew Towing Contracts Recommendation from Mayor and Staff Staff recommends that the Public Safety Committee approve this agenda item for the consent agenda at the November 15, 2011, Council Meeting. Previous Council Action None Narrative The City uses the services of four different towing companies on rotational basis, the companies are Paulson Towing, Shannon Towing, R&R Star Towing, and Wally's Towing. The attached contracts reflect the towing rates that towing companies can charge for their services.  There are no changes in the fees from the previous contract.  The term of the contracts is for three years, ending on October 11, 2014, with two one year extensions. The City Attorney reviewed the contracts and has approved the contracts as to form. Attachments Paulson's Towing R & R Star Towing Shannon Towing Wally's Towing Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/04/2011 07:35 AM Mayor Mike Cooper 11/04/2011 08:53 AM Final Approval Sandy Chase 11/04/2011 08:56 AM Form Started By: Gerry Gannon Started On: 11/03/2011 10:56 AM Final Approval Date: 11/04/2011  Packet Page 260 of 352 Contract No. __________ CITY OF EDMONDS TOWING AGREEMENT This Contract, dated effective October 11, 2011 and is made and entered into by and between the City of Edmonds (“Edmonds”) and Paulson’s Towing, Inc. (“Contractor”). Contractor Business: Paulson’s Towing, Inc. Contact Name: Tim Beamish Contractor Address: 5001 208th St., SW, Suite 110, Lynnwood, WA 98037 Storage Yard Address: Same Contractor Phone: 425-775-1033 Contractor Fax: 425-640-9053 Contractor e-mail: tow4you@excite.com Federal Tax ID #: 911522481 Authorized Edmonds Representative for this Contract: Assistant Chief of Police, Support Services or in his/her absence, the Assistant Chief of Police, Field Services, Edmonds Police Department, 425-771-0200 WHEREAS, the purpose of this Contract is to provide Edmonds with reliable, economical, and full service towing. This Contract is designated as mandatory use for Edmonds departments except as otherwise provided herein. This Contract is being awarded to multiple contractors for a rotational towing roster. This contract was originally drafted and executed by the City of Lynnwood. A similar contract was originally awarded by the City of Lynnwood to three contractors on June 10, 2000 and has been revised multiple times, with the most recent revision becoming effective October 11, 2011, to maintain a robust rotational roster of towing companies which meet stringent performance criteria. Edmonds in 2000 borrowed the City of Lynnwood contractual arrangement pursuant to an applicable interlocal agreement. Edmonds now desires to adopt and utilize the contract as it is currently revised; and WHEREAS, Edmonds and the City of Lynnwood entered into an interlocal joint purchasing agreement on September 8, 1997, authorizing each city to utilize the other’s contracts for purchase of materials and services; and WHEREAS, the City of Lynnwood has created a roster of towing company contractors for the purpose of securing necessary towing services; and WHEREAS, the City of Lynnwood, pursuant to applicable state and local regulations, entered into those certain contracts effective October 11, 2011, with Paulson’s Towing, Inc. (Lynnwood, WA), R&R Star Towing, Inc. (Lynnwood, WA), Shannon Towing, Inc. (Lynnwood, WA), and Wally’s Towing, Inc. (Lynnwood, WA); and Packet Page 261 of 352 - 2 - WHEREAS, Edmonds desires, pursuant to the September 8, 1997 interlocal agreement, to utilize the same contractual arrangement as the City of Lynnwood in securing towing services for Edmonds; and WHEREAS, Contractor was selected per City of Lynnwood ordinance for service contractors as identified in LMC 2.92 and for towing services in LMC 10.21; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, Edmonds and Contractor mutually agree as follows: 1. Scope of Work. Contractor shall conduct towing services, in response to requests by Edmonds that are issued to the Contractor through the “SNOCOM Dispatch Center.” Contractor shall immediately respond to all such requests, and perform services according to the attached Specifications (Exhibit A) and Rates and Fees (Exhibit B). This body of services shall be referred to as “Work” herein and hereafter. Edmonds has elected to enter into this Contract and other like Contracts with other Contractors, to accomplish all of Edmonds’ towing needs requested through the SNOCOM Dispatch Center. However, Edmonds retains the right to utilize alternative operators as it determines may be required from time to time to meet Edmonds’ needs, emergency conditions, or other limited uses. 2. Term of Contract. The term of this Contract shall be three (3) years with two (2) additional two (2) year renewal terms, upon mutual written agreement by Edmonds and Contractor. 3. Performance of Work. Contractor shall perform Work and accomplish such tasks as identified and designated as the responsibilities of Contractor throughout this Contract. Contractor shall have authority to incur costs and expenses necessary to perform Work and tasks, subject to the limitations specified herein and any attachments, and also subject to advance approval by Edmonds. 4. Termination. All funds for payment by Edmonds under this Contract are subject to the availability of approved funds. In the event funding is not approved for the Work provided under this Contract, Edmonds will terminate the Contractor, without termination charge or other liability. This Contract may be terminated by Edmonds without cause upon written notice. Edmonds reserves the right to cancel this Contract, with cause, effective at a time of its choosing. Work in progress would be completed at Edmonds’ option. Packet Page 262 of 352 - 3 - 5. Contractor to Direct Work. Contractor shall control and direct the performance of the work of the Contractor pursuant to this Contract, subject to Edmonds’ oversight. Edmonds reserves the right to inspect, review and approve the Work of Contractor to assure that it has been completed as specified, before payment. 6. Performance Standard. All duties by Contractor or designees shall be performed in a manner consistent with accepted practices for other similar Work. 7. Compensation. Total Compensation. Edmonds and Contractor agree to compensation as set forth in Exhibit B (Rates and Fees) attached hereto, which shall be reviewed and adjusted accordingly at the time of a Contract renewal, under the direction of the Edmonds Police Department. Only tows actually performed shall be charged for payment, whether such tows are for individuals at the request of SNOCOM or for Edmonds vehicles at the request of SNOCOM. Payment by Edmonds shall be made after review and authorization by Edmonds. Said authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of the services and costs performed. Such payment shall be full compensation for Work performed and/or services rendered and for all supervision, labor supplies, materials, equipment or use thereof, and for all other expenses and incidentals necessary to complete Work. Invoices to Edmonds: Contractor shall submit a monthly invoice as compensation for Work performed that is due for payment by Edmonds. An itemized billing statement in a form approved by Edmonds will be submitted to provide a detailed description of Work performed during the month, and shall specify the costs and expenses approved by Edmonds for such work. Invoices must have the Contract number clearly marked on the invoice. Invoices shall be submitted to the following address. Questions regarding invoice processing and late payment questions should be directed to the Edmonds Police Department, Administrative Assistant at 425-771-0200: City of Edmonds Attention: Accounts Payable 250 5th Avenue North Edmonds, WA 98020 8. Cooperative Purchasing RCW 39.34 allows cooperative purchasing between public agencies (political subdivisions). Public agencies which have filed an Intergovernmental Cooperative Purchasing Agreement with the City of Lynnwood and which are actively participating may utilize City of Lynnwood contracts, provided that the Contractor has agreed to such Packet Page 263 of 352 - 4 - participation. The City of Lynnwood does not accept any responsibility for any services provided to other public agencies, nor does it accept responsibility for any contract administration for other agencies. Public agencies desiring to use the City of Lynnwood’s contracts must have executed an Intergovernmental Cooperative Purchasing Agreement with the City of Lynnwood as required by RCW 39.34. Only those public agencies that have complied with these requirements are eligible to use this contract. The public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency in question. 9. Representations. Contractor represents and warrants that it has the requisite training, skill and experience necessary to provide Work and is appropriately accredited and licensed by all applicable agencies and governmental entities. Contractor will provide and maintain trained personnel and adequate facilities and equipment to perform the Work. 10. Independent Contractor. It is the intention and understanding of the parties that Contractor shall be an independent Contractor and that Edmonds shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of employment. Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the benefit of Contractor shall not be deemed to convert this Contract to any employment contract. It is recognized that Contractor may or will be performing professional services during the term for other parties and that Edmonds is neither the exclusive user of the Contractor’s services. This is not an exclusive contract and Edmonds reserves the right to use other towing services. 11. Inspection. Work under this Contract shall be subject to review and examination by Edmonds at all times, and shall be subject to its approval. Contractor shall periodically confer with Edmonds during the course of Work, and shall be subject to the direct administration of Edmonds. Contractor shall prepare and present any information and materials (e.g., a detailed outline of completed work) as may be pertinent, necessary, or requested by Edmonds to determine the adequacy of the Work as it progresses or to determine Contractor’s progress. The making (or failure or delay in making) such examination shall not relieve Contractor of responsibility for performance of Work in accordance with this Contract, notwithstanding Edmonds’ knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide Edmonds sufficient, safe and proper facilities and equipment for such inspections and free access to such facilities. Packet Page 264 of 352 - 5 - 12. Record-Keeping. Contractor shall promptly furnish Edmonds with such information related to the Work as may be requested by Edmonds. Until the expiration of twelve (12) months after final payment of the compensation payable under this Contract, Contractor shall provide Edmonds access to (and Edmonds shall have the right to examine, audit and copy) all of Contractor’s books, documents, papers and records which are related to Work or this Contract. 13. Property and Confidential Information. Contractor shall not, without the prior written consent of Edmonds, disclose to third parties any information received in connection with Work unless: (a) The information is known to Contractor before receiving the same directly or indirectly in connection with Work; (b) The information is in the public domain at the time of disclosure by Contractor; or (c) The information is received by Contractor from a third party who does not have an obligation to keep the same confidential. 14. Indemnification. Subject to limitations herein, Contractor releases and shall defend, indemnify, and hold harmless Edmonds and its officials, officers, employees and agents from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney’s fees) arising directly out of or in connection with: (a) Any fault, negligence, strict liability or product liability of Contractor in connection with the Work or this Contract; (b) Any lien asserted upon any property of Edmonds in connection with Work or this Contract; (c) Any failure of Contractor or Work to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or (d) Any breach of, or default under, this Contract by Contractor. This indemnification provision shall apply to the full extent permitted under applicable law. However, nothing in this provision shall require Contractor to indemnify Edmonds against any liability for damages arising out of bodily injury or property damages caused by or resulting from negligence of Edmonds. Further, in the case of concurrent negligence of Contractor and Edmonds, Contractor shall be required to indemnify Edmonds only to the extent of the negligence of the Contractor. Contractor releases and shall defend, indemnify and hold harmless Edmonds and its officials, officers, employees and agents from and against all claims, costs, liabilities, damages, expenses (including, but not limited to reasonable attorney’s fees), and royalties based upon any actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or other intellectual property right by any Work. Packet Page 265 of 352 - 6 - Further, if any Work infringes or misappropriates any patent, copyright, trade secret, trademark, or other intellectual property right, Contractor shall either: (a) Procure for Edmonds the right to use such intellectual property rights; or (b) Modify such Work so that the Work no longer infringes or misappropriates any such right. 15. Insurance. Contractor must provide insurance as follows: Worker’s Compensation and Employer’s Liability Coverage: coverage or insurance in accordance with the applicable laws related to worker’s compensation, and employer’s liability insurance with limits no less than $1,000,000, including $1,000,000 for bodily injury by Accident, each accident; and $1,000,000 bodily injury by disease, each employee; and $1,000,000 bodily injury, policy limit (including but not limited to, the Washington Industrial Insurance Act and the laws of the state in which any such person was hired), regardless of whether such coverage or insurance is mandatory or merely elective under the law. In case of subcontracted work, Contractor shall require each subcontractor to provide Worker’s Compensation insurance for their employees unless Contractor covers such employees. Contractor’s Liability and Property Damage Insurance: Contractor shall procure and maintain during the life of this Contract and during performance of Work, Commercial General Liability, and Automobile Liability, Insurance to protect Edmonds and Contractor from and against all claims, damages, losses and expenses arising out or resulting from the performance of the Work, as detailed herein, with insurance companies or through sources approved by the State Insurance Commissioner pursuant to RCW Chapter 48. Edmonds reserves the rights to require higher limits should it deem it necessary in the best interest of the public. a) The insurance policies shall include Edmonds as Additional Insured on a Primary Basis without limitation, and shall include others if required by the Contract documents. b) Certificate of Insurance and a separate page showing the Additional Named Insured Endorsement shall be filed with Edmonds before execution of the Contract, for a primary policy of commercial general liability insurance, meeting the requirements set forth herein. This Certificate shall be subject to approval by Edmonds as to company, terms and coverage. Failure of Contractor to fully comply with the requirements set forth herein regarding insurance shall be considered a material breach of contract and shall be cause of immediate termination of the Contract and of any and all obligations regarding the same. c) The Certificate of Insurance and accompanying Additional Named Insured Endorsement, shall print the following under the description field: Towing Contracts, Edmonds. Packet Page 266 of 352 - 7 - d) Contractor shall not begin work under this Contract until all required insurance has been obtained and until Edmonds has approved such insurance, nor shall Contractor allow subcontractor to commence work until the same insurance requirements have been complied with by such subcontractor. Said insurance shall provide coverage to Contractor, any subcontractor performing work provided by this Contract, and Edmonds. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of Contractor or subcontractor, or by anyone directly or indirectly involved or employed by either of them. e) Approval of the insurance by Edmonds shall not relieve or decrease the liability of the Contractor for any damages arising from Contractor’s Work. f) Insurance shall provide, at a minimum, the types of insurance coverage, liability limits and endorsements as set forth below and shall be included in all applicable policies and on the Certificate of Insurance. The insurance coverage listed below shall protect the Contractor and Edmonds from claims for damages of bodily injury, including death resulting therefrom, as well as claims for property damage, which may arise from operations under this Contract, whether such operation be by itself or by any subcontractor or by anyone directly employed by either of them, it being understood that it is the Contractor’s obligation to enforce the requirements of this section in respect to any subcontractor employed for this project: 1. Commercial General Bodily Injury and Property Damage Insurance shall include: a. Premises and Operations; b. Owners and Contractors Protective; c. Products Liability including completed Operations Coverage; d. Contractual Liability; e. Broad Form Property Damage; f. Commercial Form (to include Extended Bodily Injury) g. Employees as Additional Insured; h. Explosion, Collapse and Underground Hazard; i. Independent Contractors; j. Personal Injury; k. Stop Gap; and l. Cross Liability Clause. 2. Professional Liability Insurance including Errors and Omissions as appropriate to Work performed. Professional Liability Insurance including Errors and Omissions shall be written on a following form basis with limits of in no case less than $1,000,000. Packet Page 267 of 352 - 8 - 3. Automobile Bodily Injury and Property Damage Insurance sufficient to cover any driving that is directly required for the performance of the stated Work, with limits not less than $1,000,000 each accident. 4. General Liability (Commercial General Liability Insurance) shall be written with limits of liability of no less than $1,000,000 combined single limits, per occurrence and $2,000,000 in aggregate. 5. Umbrella Liability Insurance shall be written on a following form basis with limits of, in no case less than, $1,000,000. g) Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor’s responsibility for payment of damages resulting from operations under this Contract. h) The coverage provided by the General Liability and the Automobile Liability is primary to any insurance maintained by Edmonds. i) The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects to any claims, suit or judgment made or brought by or for any other Insured or by or for any employee of any other Insured. This policy shall protect each Insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company’s liability beyond the amount or amounts for which the company would have been liable had only one Insured been named. j) The Certificate of Insurance (ACCORD Form 25-S) cancellation clause shall be amended as follows: Should any of the above described policies be cancelled, changed or reduced in coverage before the expiration date, the issue company will mail 30 day written notice through certified mail, to the certificate holder named at the left. k) There shall be included in the general liability insurance contractual coverage sufficiently broad to insure the provisions of that Section herein entitled “Hold Harmless Clause.” l) Such insurance shall be maintained as required above, and any additional coverages and limits as Edmonds may from time to time specify to protect Edmonds, its successor and assigns from any claims, losses, harm, costs, liabilities, damages, and expenses (including but not limited to reasonable attorney’s fees) that may arise out of any property damage, bodily injury (including death) or professional liability related to Work performed. m) Failure to comply with provisions contained herein shall not waive the responsibility of the Contractor to provide the required protection. Packet Page 268 of 352 - 9 - 16. Communications. Communications concerning Contract terms, duration and conditions shall be made to: The Assistant Chief of Police, Support Services, City of Edmonds 250 5th Avenue North, Edmonds, WA 98020 Phone: 425-771-0200 Fax: 425-771-0208 Or in his absence, to the Assistant Chief of Police, Field Services 17. General Provisions. a. Entire Agreement. This Contract and its attachments set forth the entire Contract of Edmonds and Contractor, and supersedes all prior contracts with respect to the Work. Any prior, contemporaneous, or oral agreements, promises, negotiations or representations not expressly set forth herein, have no force or effect. No amendment or modification of any provision of this Contract shall be valid unless set forth in a written amendment to this Contract signed by Edmonds and Contractor. The invalidity or unenforceability of any provision of this Contract shall not affect the other provisions hereof, and this Contract shall be construed in all respects as if such invalid or unenforceable provisions were omitted. The headings of sections of this Contract are for convenience and reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections. b. Governing Law and Venue. This Contract shall be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Washington. Any litigation arising out of or in connection with this Contract shall be filed and conducted in Snohomish County Superior Court. c. Modification. Edmonds may, from time to time, unilaterally change the Work of the Contractor to be performed hereunder. Such changes, including any increase or decrease in Work, shall be made in writing, shall be explicitly identified as an Addendum, and shall become part of this Contract. d. Severability. If any provision of this Contract is declared invalid, illegal or incapable of being enforced by any court of competent jurisdiction, all of the remaining provisions of this Contract shall continue in full force and effect, and no provisions shall be deemed to depend upon any other provision unless so expressed herein. e. Complementary Provisions: All provisions of this Contract are intended to be complementary, and any requirements mentioned by one and not mentioned in another section of this Contract shall nevertheless be performed to the same extent as though required by all. f. Attorney’s Fees. In the event either party brings suit to enforce the terms of this Contract, or arising from the breach of this Contract, the prevailing party shall be entitled to its costs and attorney’s fees for bringing or defending the action, including Packet Page 269 of 352 - 10 - any such costs and fees incurred on appeal. The venue for any dispute related to this Contract shall be Snohomish County, Washington. g. Survivability. The obligations of Contractor under all provisions of this Contract, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Contract, shall survive the completion, termination or cancellation of this Contract. h. No Waiver. Failure of delay by Edmonds to declare any breach or default immediately upon occurrence shall not waive such right. Failure of Edmonds to declare a breach or default does not act as a waiver of Edmonds’ right to declare another breach or default. i. Remedies Cumulative. Any remedies provided for under the terms of this Contract are not intended to be exclusive, but shall be cumulative with all other remedies available to Edmonds by law or in equity. j. Titles. The titles to the paragraphs of this Contract are solely for the convenience of the parties and are not an aide in the interpretation of the instrument. k. Contractor Obligation. Except as otherwise specifically provided in this Contract, Contractor shall furnish everything that may be required to provide the scope of Work as described in the Contract and incorporated documents, including but not limited to any personnel, labor and supervision, technical, professional and other services, equipment and supplies. Details of the supplies, equipment, or installation of same, that are necessary to carry out the intent of this Contract, but that are not expressly stated, shall be performed or furnished by the Contractor as part of the Contract. These changes will be performed without any increase in the compensation otherwise payable under this Contract. l. Executory Contract: This Contract will not be considered valid until signed by both parties. m. Binding Effect. The provisions, covenants, and conditions in this Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns. n. No Verbal Contracts. No verbal contracts or conversations between any officer, agent, associate or employee of Edmonds and any officer, agent, associate or employee of Contractor prior to execution of this Contract shall affect or modify any of the terms or obligations contained in this Contract. Any such verbal contracts shall be considered unofficial information and in no way binding on either party. o. No Gifts and Gratuities. Contractor must not offer, nor can Edmonds employees accept, gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with city business practices. It is also unlawful for anyone to offer another, to influence or cause him or her to refrain from submitting a bid. Contractors and Edmonds employees must strictly adhere to the applicable statutes Packet Page 270 of 352 - 11 - and ordinances for ethics in contracting and purchasing, including Edmonds Ethics Code, RCW 42.23 (Code of Ethics for Municipal Officers) and RCW 42.52 (Ethics in Public Service). This is applicable to any business practice, whether a contract condition, bid practice, or at any activity related to Edmonds business. p. No Conflict of Interest. Contractor confirms that Contractor does not have a business interest or close family relationship with any Edmonds officer or employee who was, is, or will be involved in Contractor selection, negotiation, drafting, signing, administration or evaluation of Contractor’s performance. In addition, the Contractor confirms adherence to Edmonds policy regarding conflict of interest, Edmonds Ethics Code, and the RCW as named previously. q. Compliance with Law. Contractor shall comply with all applicable federal, state and local laws, rules, and regulations in effect at the time of the performance of the Work under this Contract. No extension of time or additional payment will be made for loss of time or disruption of Work caused by any actions against the Contractor for any of the above reasons. r. Licenses, Permits and Similar Authorization. Contractor, at no expense to Edmonds, shall secure and maintain in full force and effect during the term of this Contract, all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. s. Assignment, Subcontracting, Delegation. Contractor may not (by contract, operation of law, or otherwise) delegate or subcontract or assign performance of the Work to any other person or entity without the prior written consent of Edmonds. Any such delegation or subcontracting without Edmonds’ prior written consent shall be voidable at Edmonds’ option. Approval of such assignment shall not be unreasonably withheld. No delegation or subcontracting of performance, with or without Edmonds’ prior written consent, shall relieve Contractor of responsibility to perform Work in accordance with this Contract. Contractor shall be fully responsible for the performance, acts and omissions of Contractor’s employees, Contractor’s subcontractors and any other person who performs or furnishes any services. t. Performance and Execution. Contractor shall perform Work in a timely manner and in accordance with the standards of the profession. At the time of performance, Contractor shall be properly licensed, equipped, organized and financed to perform the Work in accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform Work in accordance with its own methods. u. Precautions against Bodily Injury or Property Damage. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damages that may occur in connection with this Contract. Packet Page 271 of 352 - 12 - v. Licenses, Permits, and Taxes. Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Work. w. Personal Liability. It is agreed by and between the parties hereto that in no event shall any official, officer, employee, or agent of Edmonds be in any way liable or responsible for any covenant or contract herein contained whether express or implied, nor for any statement or representation made herein or in any connection with this Contract. x. Nondiscrimination. In all hiring or employment made possible or resulting from this Contract, there shall be no unlawful discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. This requirement shall apply to but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Contract on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status, or in the presence of any sensory, mental or physical handicap. y. OSHA/WISHA. The Contractor agrees to comply with the conditions of the Federal Occupational Safety and Health Act of 1970, the Washington Industrial Safety and Health Act of 1970, and the standards and regulations issued thereunder, and certify that all items furnished and purchased under this Contract will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless Edmonds from damages assessed against Edmonds because of Contractor’s failure to comply with the standards issued thereunder and for the failure of the items furnished under this Contract to so comply. z. Hold Harmless. Contractor shall hold Edmonds and its officers, agents and employees harmless from all costs, claims or liabilities of any nature including attorney’s fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Contractor, its agents or employees pursuant to the Contract, or on account of any unpaid wages or other remuneration for services; and if a suit as described above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment by Edmonds, the Contractor shall pay the same. aa. Emergency Work. Contractor will not be allowed added compensation for any emergency Work performed on Sundays or legal holidays, unless approved in writing by the Purchasing Manager. Packet Page 272 of 352 - 13 - bb. Guarantee. The contractor hereby guarantees that all of the Work, materials or equipment furnished by him/her under this Contract will fully meet all requirements for quality of workmanship, materials, strength and any and all other requirements of the specifications. IN WITNESS WHEREOF, Edmonds and Contractor have executed this Contract as of the date first above written. CITY OF EDMONDS CONTACTOR NAME Mike Cooper, Mayor Signature _____________ Date Printed Name ______ ATTEST BY: Title Sandra S. Chase, City Clerk Date Date APPROVED AS TO FORM: ____________________________________ Office of the City Attorney __________________ Date Packet Page 273 of 352 - 14 - EXHIBIT A – SPECIFICATIONS 1. Contractor agrees to promptly tow, store, protect and release or otherwise dispose of vehicles that are towed at the request of Edmonds through the SNOCOM Dispatch Center. All requests made of the Contractor through the SNOCOM Dispatch Center are subject to the Contract specifications, rates, terms and conditions. These include, but are not limited to vehicles: a) Requested to be towed by Edmonds’ Police Department for a private individual; b) Ordered impounded by the Police Department; or c) City vehicles requiring towing services upon request of an authorized City officer. 2. The Contractor must hold current and valid permits and bonds from the State of Washington as required for the operation of the towing business and the storage yard, and have such displayed. 3. The Contractor must have or obtain a City of Edmonds Business License. 4. The Contractor must assure every truck operator is properly licensed as a vehicle operator for the type of vehicle (tow truck) including any specialized licensing provisions such as commercial truck driver’s license (CDL). 5. Contractors must be at least twenty-one (21) years of age, must possess a valid Washington State Driver’s license and must not have been convicted of driving while under the influence (DUI) of intoxicants or drugs, reckless driving, or having their driver’s license suspended in this or any other state within the last five (5) years, or have been convicted of any felony within the last ten (10) years. 6. The Contractor must have tow vehicles of sufficient size and weight to remove and tow disabled or impounded vehicles. All tow trucks must be equipped with warning lights required under state law. 7. Contractor shall be responsible for determining the type of equipment that is appropriate to the response. This shall not be the responsibility of, or the cost borne by, Edmonds or the private individual. If the Contractor responds with equipment not properly equipped to complete the service call, it shall be at the Contractor’s expense and liability to provide appropriate equipment to complete the required Work. Failure to dispatch an appropriate tow vehicle does not allow the Contractor to charge an additional or duplicate fee. The charge shall be only once, and for the type of equipment actually used to remove the vehicle. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Services. 8. The Contractor must have a staffed dispatch office twenty-four (24) hours per day, seven (7) days per week, which is capable of receiving requests for vehicle impound, towing or redemptions, verifying vehicle impound and vehicle impound information, and dispatching personnel and equipment to the site of an impound or tow, in response to a City request. Packet Page 274 of 352 - 15 - 9. Contractors will comply with WAC 204-91A-120. Business hours for purposes of inspection of records, place of business, and towing equipment must be 8 a.m. to 5 p.m. excluding weekends and state recognized holidays. Business hours will be posted conspicuously at the operator’s place of business so they can be seen during business hours and non-business hours. 10. The Contractor must agree to charge no more than the rates that are specified by Edmonds for these services and as may be modified by Edmonds in the future at the time of a Contract renewal. In addition, the Contractor shall post current towing service rates in a conspicuous place at the company’s place of business. 11. For class A & B tows, the Contractor shall arrive within twenty (20) minutes to the scene of an impound or tow request made under this Agreement. If the Contractor is unable to respond, the Contractor shall immediately inform SNOCOM Dispatch that service is not available at the time of receiving the call. The SNOCOM Dispatch will either accept or cancel the request. Class C trucks shall arrive within thirty (30) minutes. Contractors will be allowed twenty four (24) hours for “abandoned” vehicles tows. 12. Contractor shall have and maintain a two-way radio communication system between the dispatch office and each tow truck that is used to impound vehicles. 13. A tow operator on rotation who is unable to dispatch within the stated time will forfeit their turn and be placed on the bottom of the list as if they had responded. Failure of Contractor to either respond or to otherwise immediately notify the SNOCOM Dispatch may result in the suspension or revocation of the tow operator’s letter of appointment or tow contract. 14. Failure to serve Edmonds as a priority customer during an emergency will incur such penalties, and will also result in immediate termination and removal of the company from the list of eligible firms for future Work with Edmonds. 15. Contractor will maintain a storage lot within reasonable walking distance from a bus route and no further than one (1) mile from Edmonds city limits. Vehicles are to be towed directly to the storage lot. All storage areas shall be fenced, lighted and secure. Tow yard must have a gravel or better surface. Lighting will be of sufficient illumination to permit visual inspection of all vehicles stored during the hours of darkness. Fences will be of sufficient strength and height (WAC 308-61-026(2) to discourage entry to the storage area, except through controlled gates. Further, an area must be maintained to allow for reasonable protection to the satisfaction of Edmonds for motorcycle storage, open convertibles, or other vehicles that would be exposed to the elements. 16. Contractor will have available an enclosed garage for use and storage of vehicles containing or considered to be evidence in criminal or civil proceedings. This enclosure will have all windows, if any, barred. 17. Contractor must hold insurance coverage, at a minimum of $1,000,000 general public liability combined single limit per occurrence, which will be modified to name Edmonds as an Packet Page 275 of 352 - 16 - additional insured, and must have capacity and agree to maintain a current copy with Edmonds. For additional insurance requirements, please see Contract section 15. 18. Contractors must keep invoices and business records, which include records on towed and released vehicles; which were towed at the request of the Police Department. This record will include, but not be limited to: a) An itemized receipt of charges to the claimant of the vehicle; b) An inventory sheet or copy thereof, made out by the officer at the scene of the tow and signed by the tow truck driver. Such records will be available for inspection by the Police Department during normal business hours for three (3) years 19. Contractor shall prepare a receipt for every vehicle which leaves the Contractor’s possession, and shall indicate the date/time of delivery to the claimant, name, address and driver’s license number to whom it is delivered, name/address of the employer of such person, name/address of the registered owner, signature of the person, signature of the employee. For each occurrence of all vehicles requested towed, the Contractor shall also prepare a detailed spreadsheet, which shall include the following for each occurrence for each vehicle: Date Time received the dispatch call Time of arrival at the scene Location of the scene Number of vehicles involved Number of Edmonds owned vehicles involved The Contractor will maintain a monthly log, but these will not be submitted monthly to Edmonds, and will instead be maintained by the Contractor and available upon the request of Edmonds. 20. Contractor shall immediately advise the Police Department when a private call is received for a tow and the circumstances indicate that the tow is for a vehicle which has been involved in an accident or other such incident on the public roadway. The Contractor also shall immediately advise the Police Department of all traffic accidents on private property resulting in bodily injury or death when the operator has received a private call for a tow at such an accident. 21. Contractor will notify the Police Department before moving any vehicle involved in an accident on a public highway under the jurisdiction of Edmonds Police Department, or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated. 22. Contractor will notify Edmonds Police Department in writing of all police impounds with holds which remain in storage before the expiration of the third (3rd) day of storage or the Contractor shall not charge storage fees beyond the third (3rd) day. Packet Page 276 of 352 - 17 - 23. Vehicles impounded for evidence by order of the Police Department shall only be released upon order of the Police Department. 24. Vehicles impounded as authorized by RCW 46.55.113 will be released or redeemed to proper persons in accordance with the terms of RCW 46.55.120 and WAC 236-12-365. 25. Contractor will comply with WAC 204-91A-130 and RCW 46.55.090. All vehicles shall be handled and returned in substantially the same condition, as they existed before being towed. All personal property and contents in the vehicle shall be kept intact, and shall be returned to the vehicle owner upon request during normal business hours and with presentation of sufficient identification at no charge. In the event that any unclaimed property is turned over to the Police Department pursuant to RCW 46.55.090(4) or WAC 204-91A-130 such property must be itemized and clearly labeled with the vehicle license number, VIN, police case number and date of impound. 26. Contractor shall dispose of abandoned vehicles pursuant to RCW 46.55.230. 27. Contractor will remove debris from the street, sidewalk, or parking strip, including broken glass or other debris, resulting from the incident, at no additional cost. 28. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Work. 29. The Work cannot be delegated or performance subcontracted to any other person or entity without the prior written consent of Edmonds, except for the use of Class C trucks that can be made available through a subcontract arrangement. Packet Page 277 of 352 - 18 - EXHIBIT B - RATES and FEES – October 11, 2011 through October 10, 2014 The following is the current rate and fee schedule. Below are the maximum allowable rates for all SNOCOM dispatched tows. Service New Edmonds Rates 2011 – 2014 Effective 10/11/2011 – 10/10/2014 WSP Rates 1 2011/2012 2010/11 Edmonds Rate Expires on 10/10/11 at midnight Service Call Only (Jump starts, unlock, flat tire change, etc.) Hourly rates as provided below, charged in 15 minute increments Hourly rates as provided below, charged in 15 minute increments Hourly rates as provided below, charged in 15 minute increments A Class Tow $158.00 per hour $177.00 per hour $158.00 per hour B Class Tow $192.00 per hour $213.00 per hour $192.00 per hour C Class Tow $266.00 per hour $373.00 per hour $266.00 per hour Stand-by Time A & B Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Stand-by Time C Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Winching Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Drive Line Removal Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Mileage No Additional Charge for Mileage is permitted No Additional Charge for Mileage is permitted No Additional Charge for Mileage is permitted After-Hours Release 2 $75.00 $88.00 $75.00 Storage2 $41.00 per day $45.00 per day $41.00 per day Extra Person $75.00 per hour $88.00 per hour (1/2 of class A truck rate 3 $75.00 per hour ) 1 These are the current WSP rates on April 11, 2011. 2 Per WAC 204-91A-140. 3 Must have supporting documentation showing continuous employment. Packet Page 278 of 352 Contract No. __________ CITY OF EDMONDS TOWING AGREEMENT This Contract, dated effective October 11, 2011 and is made and entered into by and between the City of Edmonds (“Edmonds”) and Paulson’s Towing, Inc. (“Contractor”). Contractor Business: R &R Star Towing, Inc. Contact Name: Dan and Mary Kelleher Contractor Address: 20610 48th Avenue W, Lynnwood, WA 98036 Storage Yard Address: Same Contractor Phone: 425-778-9557 Contractor Fax: 425-670-8290 Contractor e-mail: Kellehers05@hotmail.com Federal Tax ID #: 91-1700941 Authorized Edmonds Representative for this Contract: Assistant Chief of Police, Support Services or in his/her absence, the Assistant Chief of Police, Field Services, Edmonds Police Department, 425-771-0200 WHEREAS, the purpose of this Contract is to provide Edmonds with reliable, economical, and full service towing. This Contract is designated as mandatory use for Edmonds departments except as otherwise provided herein. This Contract is being awarded to multiple contractors for a rotational towing roster. This contract was originally drafted and executed by the City of Lynnwood. A similar contract was originally awarded by the City of Lynnwood to three contractors on June 10, 2000 and has been revised multiple times, with the most recent revision becoming effective October 11, 2011, to maintain a robust rotational roster of towing companies which meet stringent performance criteria. Edmonds in 2000 borrowed the City of Lynnwood contractual arrangement pursuant to an applicable interlocal agreement. Edmonds now desires to adopt and utilize the contract as it is currently revised; and WHEREAS, Edmonds and the City of Lynnwood entered into an interlocal joint purchasing agreement on September 8, 1997, authorizing each city to utilize the other’s contracts for purchase of materials and services; and WHEREAS, the City of Lynnwood has created a roster of towing company contractors for the purpose of securing necessary towing services; and WHEREAS, the City of Lynnwood, pursuant to applicable state and local regulations, entered into those certain contracts effective October 11, 2011, with Paulson’s Towing, Inc. (Lynnwood, WA), R&R Star Towing, Inc. (Lynnwood, WA), Shannon Towing, Inc. (Lynnwood, WA), and Wally’s Towing, Inc. (Lynnwood, WA); and Packet Page 279 of 352 - 2 - WHEREAS, Edmonds desires, pursuant to the September 8, 1997 interlocal agreement, to utilize the same contractual arrangement as the City of Lynnwood in securing towing services for Edmonds; and WHEREAS, Contractor was selected per City of Lynnwood ordinance for service contractors as identified in LMC 2.92 and for towing services in LMC 10.21; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, Edmonds and Contractor mutually agree as follows: 1. Scope of Work. Contractor shall conduct towing services, in response to requests by Edmonds that are issued to the Contractor through the “SNOCOM Dispatch Center.” Contractor shall immediately respond to all such requests, and perform services according to the attached Specifications (Exhibit A) and Rates and Fees (Exhibit B). This body of services shall be referred to as “Work” herein and hereafter. Edmonds has elected to enter into this Contract and other like Contracts with other Contractors, to accomplish all of Edmonds’ towing needs requested through the SNOCOM Dispatch Center. However, Edmonds retains the right to utilize alternative operators as it determines may be required from time to time to meet Edmonds’ needs, emergency conditions, or other limited uses. 2. Term of Contract. The term of this Contract shall be three (3) years with two (2) additional two (2) year renewal terms, upon mutual written agreement by Edmonds and Contractor. 3. Performance of Work. Contractor shall perform Work and accomplish such tasks as identified and designated as the responsibilities of Contractor throughout this Contract. Contractor shall have authority to incur costs and expenses necessary to perform Work and tasks, subject to the limitations specified herein and any attachments, and also subject to advance approval by Edmonds. 4. Termination. All funds for payment by Edmonds under this Contract are subject to the availability of approved funds. In the event funding is not approved for the Work provided under this Contract, Edmonds will terminate the Contractor, without termination charge or other liability. This Contract may be terminated by Edmonds without cause upon written notice. Edmonds reserves the right to cancel this Contract, with cause, effective at a time of its choosing. Work in progress would be completed at Edmonds’ option. Packet Page 280 of 352 - 3 - 5. Contractor to Direct Work. Contractor shall control and direct the performance of the work of the Contractor pursuant to this Contract, subject to Edmonds’ oversight. Edmonds reserves the right to inspect, review and approve the Work of Contractor to assure that it has been completed as specified, before payment. 6. Performance Standard. All duties by Contractor or designees shall be performed in a manner consistent with accepted practices for other similar Work. 7. Compensation. Total Compensation. Edmonds and Contractor agree to compensation as set forth in Exhibit B (Rates and Fees) attached hereto, which shall be reviewed and adjusted accordingly at the time of a Contract renewal, under the direction of the Edmonds Police Department. Only tows actually performed shall be charged for payment, whether such tows are for individuals at the request of SNOCOM or for Edmonds vehicles at the request of SNOCOM. Payment by Edmonds shall be made after review and authorization by Edmonds. Said authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of the services and costs performed. Such payment shall be full compensation for Work performed and/or services rendered and for all supervision, labor supplies, materials, equipment or use thereof, and for all other expenses and incidentals necessary to complete Work. Invoices to Edmonds: Contractor shall submit a monthly invoice as compensation for Work performed that is due for payment by Edmonds. An itemized billing statement in a form approved by Edmonds will be submitted to provide a detailed description of Work performed during the month, and shall specify the costs and expenses approved by Edmonds for such work. Invoices must have the Contract number clearly marked on the invoice. Invoices shall be submitted to the following address. Questions regarding invoice processing and late payment questions should be directed to the Edmonds Police Department, Administrative Assistant at 425-771-0200: City of Edmonds Attention: Accounts Payable 250 5th Avenue North Edmonds, WA 98020 8. Cooperative Purchasing RCW 39.34 allows cooperative purchasing between public agencies (political subdivisions). Public agencies which have filed an Intergovernmental Cooperative Purchasing Agreement with the City of Lynnwood and which are actively participating may utilize City of Lynnwood contracts, provided that the Contractor has agreed to such Packet Page 281 of 352 - 4 - participation. The City of Lynnwood does not accept any responsibility for any services provided to other public agencies, nor does it accept responsibility for any contract administration for other agencies. Public agencies desiring to use the City of Lynnwood’s contracts must have executed an Intergovernmental Cooperative Purchasing Agreement with the City of Lynnwood as required by RCW 39.34. Only those public agencies that have complied with these requirements are eligible to use this contract. The public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency in question. 9. Representations. Contractor represents and warrants that it has the requisite training, skill and experience necessary to provide Work and is appropriately accredited and licensed by all applicable agencies and governmental entities. Contractor will provide and maintain trained personnel and adequate facilities and equipment to perform the Work. 10. Independent Contractor. It is the intention and understanding of the parties that Contractor shall be an independent Contractor and that Edmonds shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of employment. Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the benefit of Contractor shall not be deemed to convert this Contract to any employment contract. It is recognized that Contractor may or will be performing professional services during the term for other parties and that Edmonds is neither the exclusive user of the Contractor’s services. This is not an exclusive contract and Edmonds reserves the right to use other towing services. 11. Inspection. Work under this Contract shall be subject to review and examination by Edmonds at all times, and shall be subject to its approval. Contractor shall periodically confer with Edmonds during the course of Work, and shall be subject to the direct administration of Edmonds. Contractor shall prepare and present any information and materials (e.g., a detailed outline of completed work) as may be pertinent, necessary, or requested by Edmonds to determine the adequacy of the Work as it progresses or to determine Contractor’s progress. The making (or failure or delay in making) such examination shall not relieve Contractor of responsibility for performance of Work in accordance with this Contract, notwithstanding Edmonds’ knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide Edmonds sufficient, safe and proper facilities and equipment for such inspections and free access to such facilities. Packet Page 282 of 352 - 5 - 12. Record-Keeping. Contractor shall promptly furnish Edmonds with such information related to the Work as may be requested by Edmonds. Until the expiration of twelve (12) months after final payment of the compensation payable under this Contract, Contractor shall provide Edmonds access to (and Edmonds shall have the right to examine, audit and copy) all of Contractor’s books, documents, papers and records which are related to Work or this Contract. 13. Property and Confidential Information. Contractor shall not, without the prior written consent of Edmonds, disclose to third parties any information received in connection with Work unless: (a) The information is known to Contractor before receiving the same directly or indirectly in connection with Work; (b) The information is in the public domain at the time of disclosure by Contractor; or (c) The information is received by Contractor from a third party who does not have an obligation to keep the same confidential. 14. Indemnification. Subject to limitations herein, Contractor releases and shall defend, indemnify, and hold harmless Edmonds and its officials, officers, employees and agents from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney’s fees) arising directly out of or in connection with: (a) Any fault, negligence, strict liability or product liability of Contractor in connection with the Work or this Contract; (b) Any lien asserted upon any property of Edmonds in connection with Work or this Contract; (c) Any failure of Contractor or Work to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or (d) Any breach of, or default under, this Contract by Contractor. This indemnification provision shall apply to the full extent permitted under applicable law. However, nothing in this provision shall require Contractor to indemnify Edmonds against any liability for damages arising out of bodily injury or property damages caused by or resulting from negligence of Edmonds. Further, in the case of concurrent negligence of Contractor and Edmonds, Contractor shall be required to indemnify Edmonds only to the extent of the negligence of the Contractor. Contractor releases and shall defend, indemnify and hold harmless Edmonds and its officials, officers, employees and agents from and against all claims, costs, liabilities, damages, expenses (including, but not limited to reasonable attorney’s fees), and royalties based upon any actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or other intellectual property right by any Work. Packet Page 283 of 352 - 6 - Further, if any Work infringes or misappropriates any patent, copyright, trade secret, trademark, or other intellectual property right, Contractor shall either: (a) Procure for Edmonds the right to use such intellectual property rights; or (b) Modify such Work so that the Work no longer infringes or misappropriates any such right. 15. Insurance. Contractor must provide insurance as follows: Worker’s Compensation and Employer’s Liability Coverage: coverage or insurance in accordance with the applicable laws related to worker’s compensation, and employer’s liability insurance with limits no less than $1,000,000, including $1,000,000 for bodily injury by Accident, each accident; and $1,000,000 bodily injury by disease, each employee; and $1,000,000 bodily injury, policy limit (including but not limited to, the Washington Industrial Insurance Act and the laws of the state in which any such person was hired), regardless of whether such coverage or insurance is mandatory or merely elective under the law. In case of subcontracted work, Contractor shall require each subcontractor to provide Worker’s Compensation insurance for their employees unless Contractor covers such employees. Contractor’s Liability and Property Damage Insurance: Contractor shall procure and maintain during the life of this Contract and during performance of Work, Commercial General Liability, and Automobile Liability, Insurance to protect Edmonds and Contractor from and against all claims, damages, losses and expenses arising out or resulting from the performance of the Work, as detailed herein, with insurance companies or through sources approved by the State Insurance Commissioner pursuant to RCW Chapter 48. Edmonds reserves the rights to require higher limits should it deem it necessary in the best interest of the public. a) The insurance policies shall include Edmonds as Additional Insured on a Primary Basis without limitation, and shall include others if required by the Contract documents. b) Certificate of Insurance and a separate page showing the Additional Named Insured Endorsement shall be filed with Edmonds before execution of the Contract, for a primary policy of commercial general liability insurance, meeting the requirements set forth herein. This Certificate shall be subject to approval by Edmonds as to company, terms and coverage. Failure of Contractor to fully comply with the requirements set forth herein regarding insurance shall be considered a material breach of contract and shall be cause of immediate termination of the Contract and of any and all obligations regarding the same. c) The Certificate of Insurance and accompanying Additional Named Insured Endorsement, shall print the following under the description field: Towing Contracts, Edmonds. Packet Page 284 of 352 - 7 - d) Contractor shall not begin work under this Contract until all required insurance has been obtained and until Edmonds has approved such insurance, nor shall Contractor allow subcontractor to commence work until the same insurance requirements have been complied with by such subcontractor. Said insurance shall provide coverage to Contractor, any subcontractor performing work provided by this Contract, and Edmonds. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of Contractor or subcontractor, or by anyone directly or indirectly involved or employed by either of them. e) Approval of the insurance by Edmonds shall not relieve or decrease the liability of the Contractor for any damages arising from Contractor’s Work. f) Insurance shall provide, at a minimum, the types of insurance coverage, liability limits and endorsements as set forth below and shall be included in all applicable policies and on the Certificate of Insurance. The insurance coverage listed below shall protect the Contractor and Edmonds from claims for damages of bodily injury, including death resulting therefrom, as well as claims for property damage, which may arise from operations under this Contract, whether such operation be by itself or by any subcontractor or by anyone directly employed by either of them, it being understood that it is the Contractor’s obligation to enforce the requirements of this section in respect to any subcontractor employed for this project: 1. Commercial General Bodily Injury and Property Damage Insurance shall include: a. Premises and Operations; b. Owners and Contractors Protective; c. Products Liability including completed Operations Coverage; d. Contractual Liability; e. Broad Form Property Damage; f. Commercial Form (to include Extended Bodily Injury) g. Employees as Additional Insured; h. Explosion, Collapse and Underground Hazard; i. Independent Contractors; j. Personal Injury; k. Stop Gap; and l. Cross Liability Clause. 2. Professional Liability Insurance including Errors and Omissions as appropriate to Work performed. Professional Liability Insurance including Errors and Omissions shall be written on a following form basis with limits of in no case less than $1,000,000. Packet Page 285 of 352 - 8 - 3. Automobile Bodily Injury and Property Damage Insurance sufficient to cover any driving that is directly required for the performance of the stated Work, with limits not less than $1,000,000 each accident. 4. General Liability (Commercial General Liability Insurance) shall be written with limits of liability of no less than $1,000,000 combined single limits, per occurrence and $2,000,000 in aggregate. 5. Umbrella Liability Insurance shall be written on a following form basis with limits of, in no case less than, $1,000,000. g) Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor’s responsibility for payment of damages resulting from operations under this Contract. h) The coverage provided by the General Liability and the Automobile Liability is primary to any insurance maintained by Edmonds. i) The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects to any claims, suit or judgment made or brought by or for any other Insured or by or for any employee of any other Insured. This policy shall protect each Insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company’s liability beyond the amount or amounts for which the company would have been liable had only one Insured been named. j) The Certificate of Insurance (ACCORD Form 25-S) cancellation clause shall be amended as follows: Should any of the above described policies be cancelled, changed or reduced in coverage before the expiration date, the issue company will mail 30 day written notice through certified mail, to the certificate holder named at the left. k) There shall be included in the general liability insurance contractual coverage sufficiently broad to insure the provisions of that Section herein entitled “Hold Harmless Clause.” l) Such insurance shall be maintained as required above, and any additional coverages and limits as Edmonds may from time to time specify to protect Edmonds, its successor and assigns from any claims, losses, harm, costs, liabilities, damages, and expenses (including but not limited to reasonable attorney’s fees) that may arise out of any property damage, bodily injury (including death) or professional liability related to Work performed. m) Failure to comply with provisions contained herein shall not waive the responsibility of the Contractor to provide the required protection. Packet Page 286 of 352 - 9 - 16. Communications. Communications concerning Contract terms, duration and conditions shall be made to: The Assistant Chief of Police, Support Services, City of Edmonds 250 5th Avenue North, Edmonds, WA 98020 Phone: 425-771-0200 Fax: 425-771-0208 Or in his absence, to the Assistant Chief of Police, Field Services 17. General Provisions. a. Entire Agreement. This Contract and its attachments set forth the entire Contract of Edmonds and Contractor, and supersedes all prior contracts with respect to the Work. Any prior, contemporaneous, or oral agreements, promises, negotiations or representations not expressly set forth herein, have no force or effect. No amendment or modification of any provision of this Contract shall be valid unless set forth in a written amendment to this Contract signed by Edmonds and Contractor. The invalidity or unenforceability of any provision of this Contract shall not affect the other provisions hereof, and this Contract shall be construed in all respects as if such invalid or unenforceable provisions were omitted. The headings of sections of this Contract are for convenience and reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections. b. Governing Law and Venue. This Contract shall be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Washington. Any litigation arising out of or in connection with this Contract shall be filed and conducted in Snohomish County Superior Court. c. Modification. Edmonds may, from time to time, unilaterally change the Work of the Contractor to be performed hereunder. Such changes, including any increase or decrease in Work, shall be made in writing, shall be explicitly identified as an Addendum, and shall become part of this Contract. d. Severability. If any provision of this Contract is declared invalid, illegal or incapable of being enforced by any court of competent jurisdiction, all of the remaining provisions of this Contract shall continue in full force and effect, and no provisions shall be deemed to depend upon any other provision unless so expressed herein. e. Complementary Provisions: All provisions of this Contract are intended to be complementary, and any requirements mentioned by one and not mentioned in another section of this Contract shall nevertheless be performed to the same extent as though required by all. f. Attorney’s Fees. In the event either party brings suit to enforce the terms of this Contract, or arising from the breach of this Contract, the prevailing party shall be entitled to its costs and attorney’s fees for bringing or defending the action, including Packet Page 287 of 352 - 10 - any such costs and fees incurred on appeal. The venue for any dispute related to this Contract shall be Snohomish County, Washington. g. Survivability. The obligations of Contractor under all provisions of this Contract, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Contract, shall survive the completion, termination or cancellation of this Contract. h. No Waiver. Failure of delay by Edmonds to declare any breach or default immediately upon occurrence shall not waive such right. Failure of Edmonds to declare a breach or default does not act as a waiver of Edmonds’ right to declare another breach or default. i. Remedies Cumulative. Any remedies provided for under the terms of this Contract are not intended to be exclusive, but shall be cumulative with all other remedies available to Edmonds by law or in equity. j. Titles. The titles to the paragraphs of this Contract are solely for the convenience of the parties and are not an aide in the interpretation of the instrument. k. Contractor Obligation. Except as otherwise specifically provided in this Contract, Contractor shall furnish everything that may be required to provide the scope of Work as described in the Contract and incorporated documents, including but not limited to any personnel, labor and supervision, technical, professional and other services, equipment and supplies. Details of the supplies, equipment, or installation of same, that are necessary to carry out the intent of this Contract, but that are not expressly stated, shall be performed or furnished by the Contractor as part of the Contract. These changes will be performed without any increase in the compensation otherwise payable under this Contract. l. Executory Contract: This Contract will not be considered valid until signed by both parties. m. Binding Effect. The provisions, covenants, and conditions in this Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns. n. No Verbal Contracts. No verbal contracts or conversations between any officer, agent, associate or employee of Edmonds and any officer, agent, associate or employee of Contractor prior to execution of this Contract shall affect or modify any of the terms or obligations contained in this Contract. Any such verbal contracts shall be considered unofficial information and in no way binding on either party. o. No Gifts and Gratuities. Contractor must not offer, nor can Edmonds employees accept, gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with city business practices. It is also unlawful for anyone to offer another, to influence or cause him or her to refrain from submitting a bid. Contractors and Edmonds employees must strictly adhere to the applicable statutes Packet Page 288 of 352 - 11 - and ordinances for ethics in contracting and purchasing, including Edmonds Ethics Code, RCW 42.23 (Code of Ethics for Municipal Officers) and RCW 42.52 (Ethics in Public Service). This is applicable to any business practice, whether a contract condition, bid practice, or at any activity related to Edmonds business. p. No Conflict of Interest. Contractor confirms that Contractor does not have a business interest or close family relationship with any Edmonds officer or employee who was, is, or will be involved in Contractor selection, negotiation, drafting, signing, administration or evaluation of Contractor’s performance. In addition, the Contractor confirms adherence to Edmonds policy regarding conflict of interest, Edmonds Ethics Code, and the RCW as named previously. q. Compliance with Law. Contractor shall comply with all applicable federal, state and local laws, rules, and regulations in effect at the time of the performance of the Work under this Contract. No extension of time or additional payment will be made for loss of time or disruption of Work caused by any actions against the Contractor for any of the above reasons. r. Licenses, Permits and Similar Authorization. Contractor, at no expense to Edmonds, shall secure and maintain in full force and effect during the term of this Contract, all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. s. Assignment, Subcontracting, Delegation. Contractor may not (by contract, operation of law, or otherwise) delegate or subcontract or assign performance of the Work to any other person or entity without the prior written consent of Edmonds. Any such delegation or subcontracting without Edmonds’ prior written consent shall be voidable at Edmonds’ option. Approval of such assignment shall not be unreasonably withheld. No delegation or subcontracting of performance, with or without Edmonds’ prior written consent, shall relieve Contractor of responsibility to perform Work in accordance with this Contract. Contractor shall be fully responsible for the performance, acts and omissions of Contractor’s employees, Contractor’s subcontractors and any other person who performs or furnishes any services. t. Performance and Execution. Contractor shall perform Work in a timely manner and in accordance with the standards of the profession. At the time of performance, Contractor shall be properly licensed, equipped, organized and financed to perform the Work in accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform Work in accordance with its own methods. u. Precautions against Bodily Injury or Property Damage. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damages that may occur in connection with this Contract. Packet Page 289 of 352 - 12 - v. Licenses, Permits, and Taxes. Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Work. w. Personal Liability. It is agreed by and between the parties hereto that in no event shall any official, officer, employee, or agent of Edmonds be in any way liable or responsible for any covenant or contract herein contained whether express or implied, nor for any statement or representation made herein or in any connection with this Contract. x. Nondiscrimination. In all hiring or employment made possible or resulting from this Contract, there shall be no unlawful discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. This requirement shall apply to but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Contract on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status, or in the presence of any sensory, mental or physical handicap. y. OSHA/WISHA. The Contractor agrees to comply with the conditions of the Federal Occupational Safety and Health Act of 1970, the Washington Industrial Safety and Health Act of 1970, and the standards and regulations issued thereunder, and certify that all items furnished and purchased under this Contract will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless Edmonds from damages assessed against Edmonds because of Contractor’s failure to comply with the standards issued thereunder and for the failure of the items furnished under this Contract to so comply. z. Hold Harmless. Contractor shall hold Edmonds and its officers, agents and employees harmless from all costs, claims or liabilities of any nature including attorney’s fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Contractor, its agents or employees pursuant to the Contract, or on account of any unpaid wages or other remuneration for services; and if a suit as described above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment by Edmonds, the Contractor shall pay the same. aa. Emergency Work. Contractor will not be allowed added compensation for any emergency Work performed on Sundays or legal holidays, unless approved in writing by the Purchasing Manager. Packet Page 290 of 352 - 13 - bb. Guarantee. The contractor hereby guarantees that all of the Work, materials or equipment furnished by him/her under this Contract will fully meet all requirements for quality of workmanship, materials, strength and any and all other requirements of the specifications. IN WITNESS WHEREOF, Edmonds and Contractor have executed this Contract as of the date first above written. CITY OF EDMONDS CONTACTOR NAME Mike Cooper, Mayor Signature _____________ Date Printed Name ______ ATTEST BY: Title Sandra S. Chase, City Clerk Date Date APPROVED AS TO FORM: ____________________________________ Office of the City Attorney __________________ Date Packet Page 291 of 352 - 14 - EXHIBIT A – SPECIFICATIONS 1. Contractor agrees to promptly tow, store, protect and release or otherwise dispose of vehicles that are towed at the request of Edmonds through the SNOCOM Dispatch Center. All requests made of the Contractor through the SNOCOM Dispatch Center are subject to the Contract specifications, rates, terms and conditions. These include, but are not limited to vehicles: a) Requested to be towed by Edmonds’ Police Department for a private individual; b) Ordered impounded by the Police Department; or c) City vehicles requiring towing services upon request of an authorized City officer. 2. The Contractor must hold current and valid permits and bonds from the State of Washington as required for the operation of the towing business and the storage yard, and have such displayed. 3. The Contractor must have or obtain a City of Edmonds Business License. 4. The Contractor must assure every truck operator is properly licensed as a vehicle operator for the type of vehicle (tow truck) including any specialized licensing provisions such as commercial truck driver’s license (CDL). 5. Contractors must be at least twenty-one (21) years of age, must possess a valid Washington State Driver’s license and must not have been convicted of driving while under the influence (DUI) of intoxicants or drugs, reckless driving, or having their driver’s license suspended in this or any other state within the last five (5) years, or have been convicted of any felony within the last ten (10) years. 6. The Contractor must have tow vehicles of sufficient size and weight to remove and tow disabled or impounded vehicles. All tow trucks must be equipped with warning lights required under state law. 7. Contractor shall be responsible for determining the type of equipment that is appropriate to the response. This shall not be the responsibility of, or the cost borne by, Edmonds or the private individual. If the Contractor responds with equipment not properly equipped to complete the service call, it shall be at the Contractor’s expense and liability to provide appropriate equipment to complete the required Work. Failure to dispatch an appropriate tow vehicle does not allow the Contractor to charge an additional or duplicate fee. The charge shall be only once, and for the type of equipment actually used to remove the vehicle. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Services. 8. The Contractor must have a staffed dispatch office twenty-four (24) hours per day, seven (7) days per week, which is capable of receiving requests for vehicle impound, towing or redemptions, verifying vehicle impound and vehicle impound information, and dispatching personnel and equipment to the site of an impound or tow, in response to a City request. Packet Page 292 of 352 - 15 - 9. Contractors will comply with WAC 204-91A-120. Business hours for purposes of inspection of records, place of business, and towing equipment must be 8 a.m. to 5 p.m. excluding weekends and state recognized holidays. Business hours will be posted conspicuously at the operator’s place of business so they can be seen during business hours and non-business hours. 10. The Contractor must agree to charge no more than the rates that are specified by Edmonds for these services and as may be modified by Edmonds in the future at the time of a Contract renewal. In addition, the Contractor shall post current towing service rates in a conspicuous place at the company’s place of business. 11. For class A & B tows, the Contractor shall arrive within twenty (20) minutes to the scene of an impound or tow request made under this Agreement. If the Contractor is unable to respond, the Contractor shall immediately inform SNOCOM Dispatch that service is not available at the time of receiving the call. The SNOCOM Dispatch will either accept or cancel the request. Class C trucks shall arrive within thirty (30) minutes. Contractors will be allowed twenty four (24) hours for “abandoned” vehicles tows. 12. Contractor shall have and maintain a two-way radio communication system between the dispatch office and each tow truck that is used to impound vehicles. 13. A tow operator on rotation who is unable to dispatch within the stated time will forfeit their turn and be placed on the bottom of the list as if they had responded. Failure of Contractor to either respond or to otherwise immediately notify the SNOCOM Dispatch may result in the suspension or revocation of the tow operator’s letter of appointment or tow contract. 14. Failure to serve Edmonds as a priority customer during an emergency will incur such penalties, and will also result in immediate termination and removal of the company from the list of eligible firms for future Work with Edmonds. 15. Contractor will maintain a storage lot within reasonable walking distance from a bus route and no further than one (1) mile from Edmonds city limits. Vehicles are to be towed directly to the storage lot. All storage areas shall be fenced, lighted and secure. Tow yard must have a gravel or better surface. Lighting will be of sufficient illumination to permit visual inspection of all vehicles stored during the hours of darkness. Fences will be of sufficient strength and height (WAC 308-61-026(2) to discourage entry to the storage area, except through controlled gates. Further, an area must be maintained to allow for reasonable protection to the satisfaction of Edmonds for motorcycle storage, open convertibles, or other vehicles that would be exposed to the elements. 16. Contractor will have available an enclosed garage for use and storage of vehicles containing or considered to be evidence in criminal or civil proceedings. This enclosure will have all windows, if any, barred. 17. Contractor must hold insurance coverage, at a minimum of $1,000,000 general public liability combined single limit per occurrence, which will be modified to name Edmonds as an Packet Page 293 of 352 - 16 - additional insured, and must have capacity and agree to maintain a current copy with Edmonds. For additional insurance requirements, please see Contract section 15. 18. Contractors must keep invoices and business records, which include records on towed and released vehicles; which were towed at the request of the Police Department. This record will include, but not be limited to: a) An itemized receipt of charges to the claimant of the vehicle; b) An inventory sheet or copy thereof, made out by the officer at the scene of the tow and signed by the tow truck driver. Such records will be available for inspection by the Police Department during normal business hours for three (3) years 19. Contractor shall prepare a receipt for every vehicle which leaves the Contractor’s possession, and shall indicate the date/time of delivery to the claimant, name, address and driver’s license number to whom it is delivered, name/address of the employer of such person, name/address of the registered owner, signature of the person, signature of the employee. For each occurrence of all vehicles requested towed, the Contractor shall also prepare a detailed spreadsheet, which shall include the following for each occurrence for each vehicle: Date Time received the dispatch call Time of arrival at the scene Location of the scene Number of vehicles involved Number of Edmonds owned vehicles involved The Contractor will maintain a monthly log, but these will not be submitted monthly to Edmonds, and will instead be maintained by the Contractor and available upon the request of Edmonds. 20. Contractor shall immediately advise the Police Department when a private call is received for a tow and the circumstances indicate that the tow is for a vehicle which has been involved in an accident or other such incident on the public roadway. The Contractor also shall immediately advise the Police Department of all traffic accidents on private property resulting in bodily injury or death when the operator has received a private call for a tow at such an accident. 21. Contractor will notify the Police Department before moving any vehicle involved in an accident on a public highway under the jurisdiction of Edmonds Police Department, or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated. 22. Contractor will notify Edmonds Police Department in writing of all police impounds with holds which remain in storage before the expiration of the third (3rd) day of storage or the Contractor shall not charge storage fees beyond the third (3rd) day. Packet Page 294 of 352 - 17 - 23. Vehicles impounded for evidence by order of the Police Department shall only be released upon order of the Police Department. 24. Vehicles impounded as authorized by RCW 46.55.113 will be released or redeemed to proper persons in accordance with the terms of RCW 46.55.120 and WAC 236-12-365. 25. Contractor will comply with WAC 204-91A-130 and RCW 46.55.090. All vehicles shall be handled and returned in substantially the same condition, as they existed before being towed. All personal property and contents in the vehicle shall be kept intact, and shall be returned to the vehicle owner upon request during normal business hours and with presentation of sufficient identification at no charge. In the event that any unclaimed property is turned over to the Police Department pursuant to RCW 46.55.090(4) or WAC 204-91A-130 such property must be itemized and clearly labeled with the vehicle license number, VIN, police case number and date of impound. 26. Contractor shall dispose of abandoned vehicles pursuant to RCW 46.55.230. 27. Contractor will remove debris from the street, sidewalk, or parking strip, including broken glass or other debris, resulting from the incident, at no additional cost. 28. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Work. 29. The Work cannot be delegated or performance subcontracted to any other person or entity without the prior written consent of Edmonds, except for the use of Class C trucks that can be made available through a subcontract arrangement. Packet Page 295 of 352 - 18 - EXHIBIT B - RATES and FEES – October 11, 2011 through October 10, 2014 The following is the current rate and fee schedule. Below are the maximum allowable rates for all SNOCOM dispatched tows. Service New Edmonds Rates 2011 – 2014 Effective 10/11/2011 – 10/10/2014 WSP Rates 1 2011/2012 2010/11 Edmonds Rate Expires on 10/10/11 at midnight Service Call Only (Jump starts, unlock, flat tire change, etc.) Hourly rates as provided below, charged in 15 minute increments Hourly rates as provided below, charged in 15 minute increments Hourly rates as provided below, charged in 15 minute increments A Class Tow $158.00 per hour $177.00 per hour $158.00 per hour B Class Tow $192.00 per hour $213.00 per hour $192.00 per hour C Class Tow $266.00 per hour $373.00 per hour $266.00 per hour Stand-by Time A & B Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Stand-by Time C Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Winching Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Drive Line Removal Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Mileage No Additional Charge for Mileage is permitted No Additional Charge for Mileage is permitted No Additional Charge for Mileage is permitted After-Hours Release 2 $75.00 $88.00 $75.00 Storage2 $41.00 per day $45.00 per day $41.00 per day Extra Person $75.00 per hour $88.00 per hour (1/2 of class A truck rate 3 $75.00 per hour ) 1 These are the current WSP rates on April 11, 2011. 2 Per WAC 204-91A-140. 3 Must have supporting documentation showing continuous employment. Packet Page 296 of 352 Contract No. __________ CITY OF EDMONDS TOWING AGREEMENT This Contract, dated effective October 11, 2011 and is made and entered into by and between the City of Edmonds (“Edmonds”) and Paulson’s Towing, Inc. (“Contractor”). Contractor Business: Shannon Towing, Inc. Contact Name: Bonnie Kopp Contractor Address: 19106 B Highway 99, Lynnwood, WA 98036Storage Yard Address: Same Contractor Phone: 425-776-3181 Contractor Fax: 425-670-1944 Contractor e-mail: Federal Tax ID #: 91-0976305 Authorized Edmonds Representative for this Contract: Assistant Chief of Police, Support Services or in his/her absence, the Assistant Chief of Police, Field Services, Edmonds Police Department, 425-771-0200 WHEREAS, the purpose of this Contract is to provide Edmonds with reliable, economical, and full service towing. This Contract is designated as mandatory use for Edmonds departments except as otherwise provided herein. This Contract is being awarded to multiple contractors for a rotational towing roster. This contract was originally drafted and executed by the City of Lynnwood. A similar contract was originally awarded by the City of Lynnwood to three contractors on June 10, 2000 and has been revised multiple times, with the most recent revision becoming effective October 11, 2011, to maintain a robust rotational roster of towing companies which meet stringent performance criteria. Edmonds in 2000 borrowed the City of Lynnwood contractual arrangement pursuant to an applicable interlocal agreement. Edmonds now desires to adopt and utilize the contract as it is currently revised; and WHEREAS, Edmonds and the City of Lynnwood entered into an interlocal joint purchasing agreement on September 8, 1997, authorizing each city to utilize the other’s contracts for purchase of materials and services; and WHEREAS, the City of Lynnwood has created a roster of towing company contractors for the purpose of securing necessary towing services; and WHEREAS, the City of Lynnwood, pursuant to applicable state and local regulations, entered into those certain contracts effective October 11, 2011, with Paulson’s Towing, Inc. (Lynnwood, WA), R&R Star Towing, Inc. (Lynnwood, WA), Shannon Towing, Inc. (Lynnwood, WA), and Wally’s Towing, Inc. (Lynnwood, WA); and Packet Page 297 of 352 - 2 - WHEREAS, Edmonds desires, pursuant to the September 8, 1997 interlocal agreement, to utilize the same contractual arrangement as the City of Lynnwood in securing towing services for Edmonds; and WHEREAS, Contractor was selected per City of Lynnwood ordinance for service contractors as identified in LMC 2.92 and for towing services in LMC 10.21; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, Edmonds and Contractor mutually agree as follows: 1. Scope of Work. Contractor shall conduct towing services, in response to requests by Edmonds that are issued to the Contractor through the “SNOCOM Dispatch Center.” Contractor shall immediately respond to all such requests, and perform services according to the attached Specifications (Exhibit A) and Rates and Fees (Exhibit B). This body of services shall be referred to as “Work” herein and hereafter. Edmonds has elected to enter into this Contract and other like Contracts with other Contractors, to accomplish all of Edmonds’ towing needs requested through the SNOCOM Dispatch Center. However, Edmonds retains the right to utilize alternative operators as it determines may be required from time to time to meet Edmonds’ needs, emergency conditions, or other limited uses. 2. Term of Contract. The term of this Contract shall be three (3) years with two (2) additional two (2) year renewal terms, upon mutual written agreement by Edmonds and Contractor. 3. Performance of Work. Contractor shall perform Work and accomplish such tasks as identified and designated as the responsibilities of Contractor throughout this Contract. Contractor shall have authority to incur costs and expenses necessary to perform Work and tasks, subject to the limitations specified herein and any attachments, and also subject to advance approval by Edmonds. 4. Termination. All funds for payment by Edmonds under this Contract are subject to the availability of approved funds. In the event funding is not approved for the Work provided under this Contract, Edmonds will terminate the Contractor, without termination charge or other liability. This Contract may be terminated by Edmonds without cause upon written notice. Edmonds reserves the right to cancel this Contract, with cause, effective at a time of its choosing. Work in progress would be completed at Edmonds’ option. Packet Page 298 of 352 - 3 - 5. Contractor to Direct Work. Contractor shall control and direct the performance of the work of the Contractor pursuant to this Contract, subject to Edmonds’ oversight. Edmonds reserves the right to inspect, review and approve the Work of Contractor to assure that it has been completed as specified, before payment. 6. Performance Standard. All duties by Contractor or designees shall be performed in a manner consistent with accepted practices for other similar Work. 7. Compensation. Total Compensation. Edmonds and Contractor agree to compensation as set forth in Exhibit B (Rates and Fees) attached hereto, which shall be reviewed and adjusted accordingly at the time of a Contract renewal, under the direction of the Edmonds Police Department. Only tows actually performed shall be charged for payment, whether such tows are for individuals at the request of SNOCOM or for Edmonds vehicles at the request of SNOCOM. Payment by Edmonds shall be made after review and authorization by Edmonds. Said authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of the services and costs performed. Such payment shall be full compensation for Work performed and/or services rendered and for all supervision, labor supplies, materials, equipment or use thereof, and for all other expenses and incidentals necessary to complete Work. Invoices to Edmonds: Contractor shall submit a monthly invoice as compensation for Work performed that is due for payment by Edmonds. An itemized billing statement in a form approved by Edmonds will be submitted to provide a detailed description of Work performed during the month, and shall specify the costs and expenses approved by Edmonds for such work. Invoices must have the Contract number clearly marked on the invoice. Invoices shall be submitted to the following address. Questions regarding invoice processing and late payment questions should be directed to the Edmonds Police Department, Administrative Assistant at 425-771-0200: City of Edmonds Attention: Accounts Payable 250 5th Avenue North Edmonds, WA 98020 8. Cooperative Purchasing RCW 39.34 allows cooperative purchasing between public agencies (political subdivisions). Public agencies which have filed an Intergovernmental Cooperative Purchasing Agreement with the City of Lynnwood and which are actively participating may utilize City of Lynnwood contracts, provided that the Contractor has agreed to such Packet Page 299 of 352 - 4 - participation. The City of Lynnwood does not accept any responsibility for any services provided to other public agencies, nor does it accept responsibility for any contract administration for other agencies. Public agencies desiring to use the City of Lynnwood’s contracts must have executed an Intergovernmental Cooperative Purchasing Agreement with the City of Lynnwood as required by RCW 39.34. Only those public agencies that have complied with these requirements are eligible to use this contract. The public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency in question. 9. Representations. Contractor represents and warrants that it has the requisite training, skill and experience necessary to provide Work and is appropriately accredited and licensed by all applicable agencies and governmental entities. Contractor will provide and maintain trained personnel and adequate facilities and equipment to perform the Work. 10. Independent Contractor. It is the intention and understanding of the parties that Contractor shall be an independent Contractor and that Edmonds shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of employment. Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the benefit of Contractor shall not be deemed to convert this Contract to any employment contract. It is recognized that Contractor may or will be performing professional services during the term for other parties and that Edmonds is neither the exclusive user of the Contractor’s services. This is not an exclusive contract and Edmonds reserves the right to use other towing services. 11. Inspection. Work under this Contract shall be subject to review and examination by Edmonds at all times, and shall be subject to its approval. Contractor shall periodically confer with Edmonds during the course of Work, and shall be subject to the direct administration of Edmonds. Contractor shall prepare and present any information and materials (e.g., a detailed outline of completed work) as may be pertinent, necessary, or requested by Edmonds to determine the adequacy of the Work as it progresses or to determine Contractor’s progress. The making (or failure or delay in making) such examination shall not relieve Contractor of responsibility for performance of Work in accordance with this Contract, notwithstanding Edmonds’ knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide Edmonds sufficient, safe and proper facilities and equipment for such inspections and free access to such facilities. Packet Page 300 of 352 - 5 - 12. Record-Keeping. Contractor shall promptly furnish Edmonds with such information related to the Work as may be requested by Edmonds. Until the expiration of twelve (12) months after final payment of the compensation payable under this Contract, Contractor shall provide Edmonds access to (and Edmonds shall have the right to examine, audit and copy) all of Contractor’s books, documents, papers and records which are related to Work or this Contract. 13. Property and Confidential Information. Contractor shall not, without the prior written consent of Edmonds, disclose to third parties any information received in connection with Work unless: (a) The information is known to Contractor before receiving the same directly or indirectly in connection with Work; (b) The information is in the public domain at the time of disclosure by Contractor; or (c) The information is received by Contractor from a third party who does not have an obligation to keep the same confidential. 14. Indemnification. Subject to limitations herein, Contractor releases and shall defend, indemnify, and hold harmless Edmonds and its officials, officers, employees and agents from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney’s fees) arising directly out of or in connection with: (a) Any fault, negligence, strict liability or product liability of Contractor in connection with the Work or this Contract; (b) Any lien asserted upon any property of Edmonds in connection with Work or this Contract; (c) Any failure of Contractor or Work to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or (d) Any breach of, or default under, this Contract by Contractor. This indemnification provision shall apply to the full extent permitted under applicable law. However, nothing in this provision shall require Contractor to indemnify Edmonds against any liability for damages arising out of bodily injury or property damages caused by or resulting from negligence of Edmonds. Further, in the case of concurrent negligence of Contractor and Edmonds, Contractor shall be required to indemnify Edmonds only to the extent of the negligence of the Contractor. Contractor releases and shall defend, indemnify and hold harmless Edmonds and its officials, officers, employees and agents from and against all claims, costs, liabilities, damages, expenses (including, but not limited to reasonable attorney’s fees), and royalties based upon any actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or other intellectual property right by any Work. Packet Page 301 of 352 - 6 - Further, if any Work infringes or misappropriates any patent, copyright, trade secret, trademark, or other intellectual property right, Contractor shall either: (a) Procure for Edmonds the right to use such intellectual property rights; or (b) Modify such Work so that the Work no longer infringes or misappropriates any such right. 15. Insurance. Contractor must provide insurance as follows: Worker’s Compensation and Employer’s Liability Coverage: coverage or insurance in accordance with the applicable laws related to worker’s compensation, and employer’s liability insurance with limits no less than $1,000,000, including $1,000,000 for bodily injury by Accident, each accident; and $1,000,000 bodily injury by disease, each employee; and $1,000,000 bodily injury, policy limit (including but not limited to, the Washington Industrial Insurance Act and the laws of the state in which any such person was hired), regardless of whether such coverage or insurance is mandatory or merely elective under the law. In case of subcontracted work, Contractor shall require each subcontractor to provide Worker’s Compensation insurance for their employees unless Contractor covers such employees. Contractor’s Liability and Property Damage Insurance: Contractor shall procure and maintain during the life of this Contract and during performance of Work, Commercial General Liability, and Automobile Liability, Insurance to protect Edmonds and Contractor from and against all claims, damages, losses and expenses arising out or resulting from the performance of the Work, as detailed herein, with insurance companies or through sources approved by the State Insurance Commissioner pursuant to RCW Chapter 48. Edmonds reserves the rights to require higher limits should it deem it necessary in the best interest of the public. a) The insurance policies shall include Edmonds as Additional Insured on a Primary Basis without limitation, and shall include others if required by the Contract documents. b) Certificate of Insurance and a separate page showing the Additional Named Insured Endorsement shall be filed with Edmonds before execution of the Contract, for a primary policy of commercial general liability insurance, meeting the requirements set forth herein. This Certificate shall be subject to approval by Edmonds as to company, terms and coverage. Failure of Contractor to fully comply with the requirements set forth herein regarding insurance shall be considered a material breach of contract and shall be cause of immediate termination of the Contract and of any and all obligations regarding the same. c) The Certificate of Insurance and accompanying Additional Named Insured Endorsement, shall print the following under the description field: Towing Contracts, Edmonds. Packet Page 302 of 352 - 7 - d) Contractor shall not begin work under this Contract until all required insurance has been obtained and until Edmonds has approved such insurance, nor shall Contractor allow subcontractor to commence work until the same insurance requirements have been complied with by such subcontractor. Said insurance shall provide coverage to Contractor, any subcontractor performing work provided by this Contract, and Edmonds. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of Contractor or subcontractor, or by anyone directly or indirectly involved or employed by either of them. e) Approval of the insurance by Edmonds shall not relieve or decrease the liability of the Contractor for any damages arising from Contractor’s Work. f) Insurance shall provide, at a minimum, the types of insurance coverage, liability limits and endorsements as set forth below and shall be included in all applicable policies and on the Certificate of Insurance. The insurance coverage listed below shall protect the Contractor and Edmonds from claims for damages of bodily injury, including death resulting therefrom, as well as claims for property damage, which may arise from operations under this Contract, whether such operation be by itself or by any subcontractor or by anyone directly employed by either of them, it being understood that it is the Contractor’s obligation to enforce the requirements of this section in respect to any subcontractor employed for this project: 1. Commercial General Bodily Injury and Property Damage Insurance shall include: a. Premises and Operations; b. Owners and Contractors Protective; c. Products Liability including completed Operations Coverage; d. Contractual Liability; e. Broad Form Property Damage; f. Commercial Form (to include Extended Bodily Injury) g. Employees as Additional Insured; h. Explosion, Collapse and Underground Hazard; i. Independent Contractors; j. Personal Injury; k. Stop Gap; and l. Cross Liability Clause. 2. Professional Liability Insurance including Errors and Omissions as appropriate to Work performed. Professional Liability Insurance including Errors and Omissions shall be written on a following form basis with limits of in no case less than $1,000,000. Packet Page 303 of 352 - 8 - 3. Automobile Bodily Injury and Property Damage Insurance sufficient to cover any driving that is directly required for the performance of the stated Work, with limits not less than $1,000,000 each accident. 4. General Liability (Commercial General Liability Insurance) shall be written with limits of liability of no less than $1,000,000 combined single limits, per occurrence and $2,000,000 in aggregate. 5. Umbrella Liability Insurance shall be written on a following form basis with limits of, in no case less than, $1,000,000. g) Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor’s responsibility for payment of damages resulting from operations under this Contract. h) The coverage provided by the General Liability and the Automobile Liability is primary to any insurance maintained by Edmonds. i) The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects to any claims, suit or judgment made or brought by or for any other Insured or by or for any employee of any other Insured. This policy shall protect each Insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company’s liability beyond the amount or amounts for which the company would have been liable had only one Insured been named. j) The Certificate of Insurance (ACCORD Form 25-S) cancellation clause shall be amended as follows: Should any of the above described policies be cancelled, changed or reduced in coverage before the expiration date, the issue company will mail 30 day written notice through certified mail, to the certificate holder named at the left. k) There shall be included in the general liability insurance contractual coverage sufficiently broad to insure the provisions of that Section herein entitled “Hold Harmless Clause.” l) Such insurance shall be maintained as required above, and any additional coverages and limits as Edmonds may from time to time specify to protect Edmonds, its successor and assigns from any claims, losses, harm, costs, liabilities, damages, and expenses (including but not limited to reasonable attorney’s fees) that may arise out of any property damage, bodily injury (including death) or professional liability related to Work performed. m) Failure to comply with provisions contained herein shall not waive the responsibility of the Contractor to provide the required protection. Packet Page 304 of 352 - 9 - 16. Communications. Communications concerning Contract terms, duration and conditions shall be made to: The Assistant Chief of Police, Support Services, City of Edmonds 250 5th Avenue North, Edmonds, WA 98020 Phone: 425-771-0200 Fax: 425-771-0208 Or in his absence, to the Assistant Chief of Police, Field Services 17. General Provisions. a. Entire Agreement. This Contract and its attachments set forth the entire Contract of Edmonds and Contractor, and supersedes all prior contracts with respect to the Work. Any prior, contemporaneous, or oral agreements, promises, negotiations or representations not expressly set forth herein, have no force or effect. No amendment or modification of any provision of this Contract shall be valid unless set forth in a written amendment to this Contract signed by Edmonds and Contractor. The invalidity or unenforceability of any provision of this Contract shall not affect the other provisions hereof, and this Contract shall be construed in all respects as if such invalid or unenforceable provisions were omitted. The headings of sections of this Contract are for convenience and reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections. b. Governing Law and Venue. This Contract shall be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Washington. Any litigation arising out of or in connection with this Contract shall be filed and conducted in Snohomish County Superior Court. c. Modification. Edmonds may, from time to time, unilaterally change the Work of the Contractor to be performed hereunder. Such changes, including any increase or decrease in Work, shall be made in writing, shall be explicitly identified as an Addendum, and shall become part of this Contract. d. Severability. If any provision of this Contract is declared invalid, illegal or incapable of being enforced by any court of competent jurisdiction, all of the remaining provisions of this Contract shall continue in full force and effect, and no provisions shall be deemed to depend upon any other provision unless so expressed herein. e. Complementary Provisions: All provisions of this Contract are intended to be complementary, and any requirements mentioned by one and not mentioned in another section of this Contract shall nevertheless be performed to the same extent as though required by all. f. Attorney’s Fees. In the event either party brings suit to enforce the terms of this Contract, or arising from the breach of this Contract, the prevailing party shall be entitled to its costs and attorney’s fees for bringing or defending the action, including Packet Page 305 of 352 - 10 - any such costs and fees incurred on appeal. The venue for any dispute related to this Contract shall be Snohomish County, Washington. g. Survivability. The obligations of Contractor under all provisions of this Contract, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Contract, shall survive the completion, termination or cancellation of this Contract. h. No Waiver. Failure of delay by Edmonds to declare any breach or default immediately upon occurrence shall not waive such right. Failure of Edmonds to declare a breach or default does not act as a waiver of Edmonds’ right to declare another breach or default. i. Remedies Cumulative. Any remedies provided for under the terms of this Contract are not intended to be exclusive, but shall be cumulative with all other remedies available to Edmonds by law or in equity. j. Titles. The titles to the paragraphs of this Contract are solely for the convenience of the parties and are not an aide in the interpretation of the instrument. k. Contractor Obligation. Except as otherwise specifically provided in this Contract, Contractor shall furnish everything that may be required to provide the scope of Work as described in the Contract and incorporated documents, including but not limited to any personnel, labor and supervision, technical, professional and other services, equipment and supplies. Details of the supplies, equipment, or installation of same, that are necessary to carry out the intent of this Contract, but that are not expressly stated, shall be performed or furnished by the Contractor as part of the Contract. These changes will be performed without any increase in the compensation otherwise payable under this Contract. l. Executory Contract: This Contract will not be considered valid until signed by both parties. m. Binding Effect. The provisions, covenants, and conditions in this Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns. n. No Verbal Contracts. No verbal contracts or conversations between any officer, agent, associate or employee of Edmonds and any officer, agent, associate or employee of Contractor prior to execution of this Contract shall affect or modify any of the terms or obligations contained in this Contract. Any such verbal contracts shall be considered unofficial information and in no way binding on either party. o. No Gifts and Gratuities. Contractor must not offer, nor can Edmonds employees accept, gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with city business practices. It is also unlawful for anyone to offer another, to influence or cause him or her to refrain from submitting a bid. Contractors and Edmonds employees must strictly adhere to the applicable statutes Packet Page 306 of 352 - 11 - and ordinances for ethics in contracting and purchasing, including Edmonds Ethics Code, RCW 42.23 (Code of Ethics for Municipal Officers) and RCW 42.52 (Ethics in Public Service). This is applicable to any business practice, whether a contract condition, bid practice, or at any activity related to Edmonds business. p. No Conflict of Interest. Contractor confirms that Contractor does not have a business interest or close family relationship with any Edmonds officer or employee who was, is, or will be involved in Contractor selection, negotiation, drafting, signing, administration or evaluation of Contractor’s performance. In addition, the Contractor confirms adherence to Edmonds policy regarding conflict of interest, Edmonds Ethics Code, and the RCW as named previously. q. Compliance with Law. Contractor shall comply with all applicable federal, state and local laws, rules, and regulations in effect at the time of the performance of the Work under this Contract. No extension of time or additional payment will be made for loss of time or disruption of Work caused by any actions against the Contractor for any of the above reasons. r. Licenses, Permits and Similar Authorization. Contractor, at no expense to Edmonds, shall secure and maintain in full force and effect during the term of this Contract, all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. s. Assignment, Subcontracting, Delegation. Contractor may not (by contract, operation of law, or otherwise) delegate or subcontract or assign performance of the Work to any other person or entity without the prior written consent of Edmonds. Any such delegation or subcontracting without Edmonds’ prior written consent shall be voidable at Edmonds’ option. Approval of such assignment shall not be unreasonably withheld. No delegation or subcontracting of performance, with or without Edmonds’ prior written consent, shall relieve Contractor of responsibility to perform Work in accordance with this Contract. Contractor shall be fully responsible for the performance, acts and omissions of Contractor’s employees, Contractor’s subcontractors and any other person who performs or furnishes any services. t. Performance and Execution. Contractor shall perform Work in a timely manner and in accordance with the standards of the profession. At the time of performance, Contractor shall be properly licensed, equipped, organized and financed to perform the Work in accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform Work in accordance with its own methods. u. Precautions against Bodily Injury or Property Damage. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damages that may occur in connection with this Contract. Packet Page 307 of 352 - 12 - v. Licenses, Permits, and Taxes. Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Work. w. Personal Liability. It is agreed by and between the parties hereto that in no event shall any official, officer, employee, or agent of Edmonds be in any way liable or responsible for any covenant or contract herein contained whether express or implied, nor for any statement or representation made herein or in any connection with this Contract. x. Nondiscrimination. In all hiring or employment made possible or resulting from this Contract, there shall be no unlawful discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. This requirement shall apply to but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Contract on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status, or in the presence of any sensory, mental or physical handicap. y. OSHA/WISHA. The Contractor agrees to comply with the conditions of the Federal Occupational Safety and Health Act of 1970, the Washington Industrial Safety and Health Act of 1970, and the standards and regulations issued thereunder, and certify that all items furnished and purchased under this Contract will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless Edmonds from damages assessed against Edmonds because of Contractor’s failure to comply with the standards issued thereunder and for the failure of the items furnished under this Contract to so comply. z. Hold Harmless. Contractor shall hold Edmonds and its officers, agents and employees harmless from all costs, claims or liabilities of any nature including attorney’s fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Contractor, its agents or employees pursuant to the Contract, or on account of any unpaid wages or other remuneration for services; and if a suit as described above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment by Edmonds, the Contractor shall pay the same. aa. Emergency Work. Contractor will not be allowed added compensation for any emergency Work performed on Sundays or legal holidays, unless approved in writing by the Purchasing Manager. Packet Page 308 of 352 - 13 - bb. Guarantee. The contractor hereby guarantees that all of the Work, materials or equipment furnished by him/her under this Contract will fully meet all requirements for quality of workmanship, materials, strength and any and all other requirements of the specifications. IN WITNESS WHEREOF, Edmonds and Contractor have executed this Contract as of the date first above written. CITY OF EDMONDS CONTACTOR NAME Mike Cooper, Mayor Signature _____________ Date Printed Name ______ ATTEST BY: Title Sandra S. Chase, City Clerk Date Date APPROVED AS TO FORM: ____________________________________ Office of the City Attorney __________________ Date Packet Page 309 of 352 - 14 - EXHIBIT A – SPECIFICATIONS 1. Contractor agrees to promptly tow, store, protect and release or otherwise dispose of vehicles that are towed at the request of Edmonds through the SNOCOM Dispatch Center. All requests made of the Contractor through the SNOCOM Dispatch Center are subject to the Contract specifications, rates, terms and conditions. These include, but are not limited to vehicles: a) Requested to be towed by Edmonds’ Police Department for a private individual; b) Ordered impounded by the Police Department; or c) City vehicles requiring towing services upon request of an authorized City officer. 2. The Contractor must hold current and valid permits and bonds from the State of Washington as required for the operation of the towing business and the storage yard, and have such displayed. 3. The Contractor must have or obtain a City of Edmonds Business License. 4. The Contractor must assure every truck operator is properly licensed as a vehicle operator for the type of vehicle (tow truck) including any specialized licensing provisions such as commercial truck driver’s license (CDL). 5. Contractors must be at least twenty-one (21) years of age, must possess a valid Washington State Driver’s license and must not have been convicted of driving while under the influence (DUI) of intoxicants or drugs, reckless driving, or having their driver’s license suspended in this or any other state within the last five (5) years, or have been convicted of any felony within the last ten (10) years. 6. The Contractor must have tow vehicles of sufficient size and weight to remove and tow disabled or impounded vehicles. All tow trucks must be equipped with warning lights required under state law. 7. Contractor shall be responsible for determining the type of equipment that is appropriate to the response. This shall not be the responsibility of, or the cost borne by, Edmonds or the private individual. If the Contractor responds with equipment not properly equipped to complete the service call, it shall be at the Contractor’s expense and liability to provide appropriate equipment to complete the required Work. Failure to dispatch an appropriate tow vehicle does not allow the Contractor to charge an additional or duplicate fee. The charge shall be only once, and for the type of equipment actually used to remove the vehicle. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Services. 8. The Contractor must have a staffed dispatch office twenty-four (24) hours per day, seven (7) days per week, which is capable of receiving requests for vehicle impound, towing or redemptions, verifying vehicle impound and vehicle impound information, and dispatching personnel and equipment to the site of an impound or tow, in response to a City request. Packet Page 310 of 352 - 15 - 9. Contractors will comply with WAC 204-91A-120. Business hours for purposes of inspection of records, place of business, and towing equipment must be 8 a.m. to 5 p.m. excluding weekends and state recognized holidays. Business hours will be posted conspicuously at the operator’s place of business so they can be seen during business hours and non-business hours. 10. The Contractor must agree to charge no more than the rates that are specified by Edmonds for these services and as may be modified by Edmonds in the future at the time of a Contract renewal. In addition, the Contractor shall post current towing service rates in a conspicuous place at the company’s place of business. 11. For class A & B tows, the Contractor shall arrive within twenty (20) minutes to the scene of an impound or tow request made under this Agreement. If the Contractor is unable to respond, the Contractor shall immediately inform SNOCOM Dispatch that service is not available at the time of receiving the call. The SNOCOM Dispatch will either accept or cancel the request. Class C trucks shall arrive within thirty (30) minutes. Contractors will be allowed twenty four (24) hours for “abandoned” vehicles tows. 12. Contractor shall have and maintain a two-way radio communication system between the dispatch office and each tow truck that is used to impound vehicles. 13. A tow operator on rotation who is unable to dispatch within the stated time will forfeit their turn and be placed on the bottom of the list as if they had responded. Failure of Contractor to either respond or to otherwise immediately notify the SNOCOM Dispatch may result in the suspension or revocation of the tow operator’s letter of appointment or tow contract. 14. Failure to serve Edmonds as a priority customer during an emergency will incur such penalties, and will also result in immediate termination and removal of the company from the list of eligible firms for future Work with Edmonds. 15. Contractor will maintain a storage lot within reasonable walking distance from a bus route and no further than one (1) mile from Edmonds city limits. Vehicles are to be towed directly to the storage lot. All storage areas shall be fenced, lighted and secure. Tow yard must have a gravel or better surface. Lighting will be of sufficient illumination to permit visual inspection of all vehicles stored during the hours of darkness. Fences will be of sufficient strength and height (WAC 308-61-026(2) to discourage entry to the storage area, except through controlled gates. Further, an area must be maintained to allow for reasonable protection to the satisfaction of Edmonds for motorcycle storage, open convertibles, or other vehicles that would be exposed to the elements. 16. Contractor will have available an enclosed garage for use and storage of vehicles containing or considered to be evidence in criminal or civil proceedings. This enclosure will have all windows, if any, barred. 17. Contractor must hold insurance coverage, at a minimum of $1,000,000 general public liability combined single limit per occurrence, which will be modified to name Edmonds as an Packet Page 311 of 352 - 16 - additional insured, and must have capacity and agree to maintain a current copy with Edmonds. For additional insurance requirements, please see Contract section 15. 18. Contractors must keep invoices and business records, which include records on towed and released vehicles; which were towed at the request of the Police Department. This record will include, but not be limited to: a) An itemized receipt of charges to the claimant of the vehicle; b) An inventory sheet or copy thereof, made out by the officer at the scene of the tow and signed by the tow truck driver. Such records will be available for inspection by the Police Department during normal business hours for three (3) years 19. Contractor shall prepare a receipt for every vehicle which leaves the Contractor’s possession, and shall indicate the date/time of delivery to the claimant, name, address and driver’s license number to whom it is delivered, name/address of the employer of such person, name/address of the registered owner, signature of the person, signature of the employee. For each occurrence of all vehicles requested towed, the Contractor shall also prepare a detailed spreadsheet, which shall include the following for each occurrence for each vehicle: Date Time received the dispatch call Time of arrival at the scene Location of the scene Number of vehicles involved Number of Edmonds owned vehicles involved The Contractor will maintain a monthly log, but these will not be submitted monthly to Edmonds, and will instead be maintained by the Contractor and available upon the request of Edmonds. 20. Contractor shall immediately advise the Police Department when a private call is received for a tow and the circumstances indicate that the tow is for a vehicle which has been involved in an accident or other such incident on the public roadway. The Contractor also shall immediately advise the Police Department of all traffic accidents on private property resulting in bodily injury or death when the operator has received a private call for a tow at such an accident. 21. Contractor will notify the Police Department before moving any vehicle involved in an accident on a public highway under the jurisdiction of Edmonds Police Department, or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated. 22. Contractor will notify Edmonds Police Department in writing of all police impounds with holds which remain in storage before the expiration of the third (3rd) day of storage or the Contractor shall not charge storage fees beyond the third (3rd) day. Packet Page 312 of 352 - 17 - 23. Vehicles impounded for evidence by order of the Police Department shall only be released upon order of the Police Department. 24. Vehicles impounded as authorized by RCW 46.55.113 will be released or redeemed to proper persons in accordance with the terms of RCW 46.55.120 and WAC 236-12-365. 25. Contractor will comply with WAC 204-91A-130 and RCW 46.55.090. All vehicles shall be handled and returned in substantially the same condition, as they existed before being towed. All personal property and contents in the vehicle shall be kept intact, and shall be returned to the vehicle owner upon request during normal business hours and with presentation of sufficient identification at no charge. In the event that any unclaimed property is turned over to the Police Department pursuant to RCW 46.55.090(4) or WAC 204-91A-130 such property must be itemized and clearly labeled with the vehicle license number, VIN, police case number and date of impound. 26. Contractor shall dispose of abandoned vehicles pursuant to RCW 46.55.230. 27. Contractor will remove debris from the street, sidewalk, or parking strip, including broken glass or other debris, resulting from the incident, at no additional cost. 28. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Work. 29. The Work cannot be delegated or performance subcontracted to any other person or entity without the prior written consent of Edmonds, except for the use of Class C trucks that can be made available through a subcontract arrangement. Packet Page 313 of 352 - 18 - EXHIBIT B - RATES and FEES – October 11, 2011 through October 10, 2014 The following is the current rate and fee schedule. Below are the maximum allowable rates for all SNOCOM dispatched tows. Service New Edmonds Rates 2011 – 2014 Effective 10/11/2011 – 10/10/2014 WSP Rates 1 2011/2012 2010/11 Edmonds Rate Expires on 10/10/11 at midnight Service Call Only (Jump starts, unlock, flat tire change, etc.) Hourly rates as provided below, charged in 15 minute increments Hourly rates as provided below, charged in 15 minute increments Hourly rates as provided below, charged in 15 minute increments A Class Tow $158.00 per hour $177.00 per hour $158.00 per hour B Class Tow $192.00 per hour $213.00 per hour $192.00 per hour C Class Tow $266.00 per hour $373.00 per hour $266.00 per hour Stand-by Time A & B Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Stand-by Time C Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Winching Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Drive Line Removal Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Mileage No Additional Charge for Mileage is permitted No Additional Charge for Mileage is permitted No Additional Charge for Mileage is permitted After-Hours Release 2 $75.00 $88.00 $75.00 Storage2 $41.00 per day $45.00 per day $41.00 per day Extra Person $75.00 per hour $88.00 per hour (1/2 of class A truck rate 3 $75.00 per hour ) 1 These are the current WSP rates on April 11, 2011. 2 Per WAC 204-91A-140. 3 Must have supporting documentation showing continuous employment. Packet Page 314 of 352 Contract No. __________ CITY OF EDMONDS TOWING AGREEMENT This Contract, dated effective October 11, 2011 and is made and entered into by and between the City of Edmonds (“Edmonds”) and Paulson’s Towing, Inc. (“Contractor”). Contractor Business: Wally’s Towing, Inc. Contact Name: Wally Carl Contractor Address: P.O. Box 5819, Lynnwood, WA 98046 Address: 20510 60th Avenue West, Lynnwood, WA 98046 Contractor Phone: 425-672-0808 Contractor Fax: 425-712-0960 Contractor e-mail: wallycarl@yahoo.com Federal Tax ID #: 91-1660712 Authorized Edmonds Representative for this Contract: Assistant Chief of Police, Support Services or in his/her absence, the Assistant Chief of Police, Field Services, Edmonds Police Department, 425-771-0200 WHEREAS, the purpose of this Contract is to provide Edmonds with reliable, economical, and full service towing. This Contract is designated as mandatory use for Edmonds departments except as otherwise provided herein. This Contract is being awarded to multiple contractors for a rotational towing roster. This contract was originally drafted and executed by the City of Lynnwood. A similar contract was originally awarded by the City of Lynnwood to three contractors on June 10, 2000 and has been revised multiple times, with the most recent revision becoming effective October 11, 2011, to maintain a robust rotational roster of towing companies which meet stringent performance criteria. Edmonds in 2000 borrowed the City of Lynnwood contractual arrangement pursuant to an applicable interlocal agreement. Edmonds now desires to adopt and utilize the contract as it is currently revised; and WHEREAS, Edmonds and the City of Lynnwood entered into an interlocal joint purchasing agreement on September 8, 1997, authorizing each city to utilize the other’s contracts for purchase of materials and services; and WHEREAS, the City of Lynnwood has created a roster of towing company contractors for the purpose of securing necessary towing services; and WHEREAS, the City of Lynnwood, pursuant to applicable state and local regulations, entered into those certain contracts effective October 11, 2011, with Paulson’s Towing, Inc. (Lynnwood, WA), R&R Star Towing, Inc. (Lynnwood, WA), Shannon Towing, Inc. (Lynnwood, WA), and Wally’s Towing, Inc. (Lynnwood, WA); and Packet Page 315 of 352 - 2 - WHEREAS, Edmonds desires, pursuant to the September 8, 1997 interlocal agreement, to utilize the same contractual arrangement as the City of Lynnwood in securing towing services for Edmonds; and WHEREAS, Contractor was selected per City of Lynnwood ordinance for service contractors as identified in LMC 2.92 and for towing services in LMC 10.21; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, Edmonds and Contractor mutually agree as follows: 1. Scope of Work. Contractor shall conduct towing services, in response to requests by Edmonds that are issued to the Contractor through the “SNOCOM Dispatch Center.” Contractor shall immediately respond to all such requests, and perform services according to the attached Specifications (Exhibit A) and Rates and Fees (Exhibit B). This body of services shall be referred to as “Work” herein and hereafter. Edmonds has elected to enter into this Contract and other like Contracts with other Contractors, to accomplish all of Edmonds’ towing needs requested through the SNOCOM Dispatch Center. However, Edmonds retains the right to utilize alternative operators as it determines may be required from time to time to meet Edmonds’ needs, emergency conditions, or other limited uses. 2. Term of Contract. The term of this Contract shall be three (3) years with two (2) additional two (2) year renewal terms, upon mutual written agreement by Edmonds and Contractor. 3. Performance of Work. Contractor shall perform Work and accomplish such tasks as identified and designated as the responsibilities of Contractor throughout this Contract. Contractor shall have authority to incur costs and expenses necessary to perform Work and tasks, subject to the limitations specified herein and any attachments, and also subject to advance approval by Edmonds. 4. Termination. All funds for payment by Edmonds under this Contract are subject to the availability of approved funds. In the event funding is not approved for the Work provided under this Contract, Edmonds will terminate the Contractor, without termination charge or other liability. This Contract may be terminated by Edmonds without cause upon written notice. Edmonds reserves the right to cancel this Contract, with cause, effective at a time of its choosing. Work in progress would be completed at Edmonds’ option. Packet Page 316 of 352 - 3 - 5. Contractor to Direct Work. Contractor shall control and direct the performance of the work of the Contractor pursuant to this Contract, subject to Edmonds’ oversight. Edmonds reserves the right to inspect, review and approve the Work of Contractor to assure that it has been completed as specified, before payment. 6. Performance Standard. All duties by Contractor or designees shall be performed in a manner consistent with accepted practices for other similar Work. 7. Compensation. Total Compensation. Edmonds and Contractor agree to compensation as set forth in Exhibit B (Rates and Fees) attached hereto, which shall be reviewed and adjusted accordingly at the time of a Contract renewal, under the direction of the Edmonds Police Department. Only tows actually performed shall be charged for payment, whether such tows are for individuals at the request of SNOCOM or for Edmonds vehicles at the request of SNOCOM. Payment by Edmonds shall be made after review and authorization by Edmonds. Said authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of the services and costs performed. Such payment shall be full compensation for Work performed and/or services rendered and for all supervision, labor supplies, materials, equipment or use thereof, and for all other expenses and incidentals necessary to complete Work. Invoices to Edmonds: Contractor shall submit a monthly invoice as compensation for Work performed that is due for payment by Edmonds. An itemized billing statement in a form approved by Edmonds will be submitted to provide a detailed description of Work performed during the month, and shall specify the costs and expenses approved by Edmonds for such work. Invoices must have the Contract number clearly marked on the invoice. Invoices shall be submitted to the following address. Questions regarding invoice processing and late payment questions should be directed to the Edmonds Police Department, Administrative Assistant at 425-771-0200: City of Edmonds Attention: Accounts Payable 250 5th Avenue North Edmonds, WA 98020 8. Cooperative Purchasing RCW 39.34 allows cooperative purchasing between public agencies (political subdivisions). Public agencies which have filed an Intergovernmental Cooperative Purchasing Agreement with the City of Lynnwood and which are actively participating may utilize City of Lynnwood contracts, provided that the Contractor has agreed to such Packet Page 317 of 352 - 4 - participation. The City of Lynnwood does not accept any responsibility for any services provided to other public agencies, nor does it accept responsibility for any contract administration for other agencies. Public agencies desiring to use the City of Lynnwood’s contracts must have executed an Intergovernmental Cooperative Purchasing Agreement with the City of Lynnwood as required by RCW 39.34. Only those public agencies that have complied with these requirements are eligible to use this contract. The public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency in question. 9. Representations. Contractor represents and warrants that it has the requisite training, skill and experience necessary to provide Work and is appropriately accredited and licensed by all applicable agencies and governmental entities. Contractor will provide and maintain trained personnel and adequate facilities and equipment to perform the Work. 10. Independent Contractor. It is the intention and understanding of the parties that Contractor shall be an independent Contractor and that Edmonds shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of employment. Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the benefit of Contractor shall not be deemed to convert this Contract to any employment contract. It is recognized that Contractor may or will be performing professional services during the term for other parties and that Edmonds is neither the exclusive user of the Contractor’s services. This is not an exclusive contract and Edmonds reserves the right to use other towing services. 11. Inspection. Work under this Contract shall be subject to review and examination by Edmonds at all times, and shall be subject to its approval. Contractor shall periodically confer with Edmonds during the course of Work, and shall be subject to the direct administration of Edmonds. Contractor shall prepare and present any information and materials (e.g., a detailed outline of completed work) as may be pertinent, necessary, or requested by Edmonds to determine the adequacy of the Work as it progresses or to determine Contractor’s progress. The making (or failure or delay in making) such examination shall not relieve Contractor of responsibility for performance of Work in accordance with this Contract, notwithstanding Edmonds’ knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide Edmonds sufficient, safe and proper facilities and equipment for such inspections and free access to such facilities. Packet Page 318 of 352 - 5 - 12. Record-Keeping. Contractor shall promptly furnish Edmonds with such information related to the Work as may be requested by Edmonds. Until the expiration of twelve (12) months after final payment of the compensation payable under this Contract, Contractor shall provide Edmonds access to (and Edmonds shall have the right to examine, audit and copy) all of Contractor’s books, documents, papers and records which are related to Work or this Contract. 13. Property and Confidential Information. Contractor shall not, without the prior written consent of Edmonds, disclose to third parties any information received in connection with Work unless: (a) The information is known to Contractor before receiving the same directly or indirectly in connection with Work; (b) The information is in the public domain at the time of disclosure by Contractor; or (c) The information is received by Contractor from a third party who does not have an obligation to keep the same confidential. 14. Indemnification. Subject to limitations herein, Contractor releases and shall defend, indemnify, and hold harmless Edmonds and its officials, officers, employees and agents from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney’s fees) arising directly out of or in connection with: (a) Any fault, negligence, strict liability or product liability of Contractor in connection with the Work or this Contract; (b) Any lien asserted upon any property of Edmonds in connection with Work or this Contract; (c) Any failure of Contractor or Work to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or (d) Any breach of, or default under, this Contract by Contractor. This indemnification provision shall apply to the full extent permitted under applicable law. However, nothing in this provision shall require Contractor to indemnify Edmonds against any liability for damages arising out of bodily injury or property damages caused by or resulting from negligence of Edmonds. Further, in the case of concurrent negligence of Contractor and Edmonds, Contractor shall be required to indemnify Edmonds only to the extent of the negligence of the Contractor. Contractor releases and shall defend, indemnify and hold harmless Edmonds and its officials, officers, employees and agents from and against all claims, costs, liabilities, damages, expenses (including, but not limited to reasonable attorney’s fees), and royalties based upon any actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or other intellectual property right by any Work. Packet Page 319 of 352 - 6 - Further, if any Work infringes or misappropriates any patent, copyright, trade secret, trademark, or other intellectual property right, Contractor shall either: (a) Procure for Edmonds the right to use such intellectual property rights; or (b) Modify such Work so that the Work no longer infringes or misappropriates any such right. 15. Insurance. Contractor must provide insurance as follows: Worker’s Compensation and Employer’s Liability Coverage: coverage or insurance in accordance with the applicable laws related to worker’s compensation, and employer’s liability insurance with limits no less than $1,000,000, including $1,000,000 for bodily injury by Accident, each accident; and $1,000,000 bodily injury by disease, each employee; and $1,000,000 bodily injury, policy limit (including but not limited to, the Washington Industrial Insurance Act and the laws of the state in which any such person was hired), regardless of whether such coverage or insurance is mandatory or merely elective under the law. In case of subcontracted work, Contractor shall require each subcontractor to provide Worker’s Compensation insurance for their employees unless Contractor covers such employees. Contractor’s Liability and Property Damage Insurance: Contractor shall procure and maintain during the life of this Contract and during performance of Work, Commercial General Liability, and Automobile Liability, Insurance to protect Edmonds and Contractor from and against all claims, damages, losses and expenses arising out or resulting from the performance of the Work, as detailed herein, with insurance companies or through sources approved by the State Insurance Commissioner pursuant to RCW Chapter 48. Edmonds reserves the rights to require higher limits should it deem it necessary in the best interest of the public. a) The insurance policies shall include Edmonds as Additional Insured on a Primary Basis without limitation, and shall include others if required by the Contract documents. b) Certificate of Insurance and a separate page showing the Additional Named Insured Endorsement shall be filed with Edmonds before execution of the Contract, for a primary policy of commercial general liability insurance, meeting the requirements set forth herein. This Certificate shall be subject to approval by Edmonds as to company, terms and coverage. Failure of Contractor to fully comply with the requirements set forth herein regarding insurance shall be considered a material breach of contract and shall be cause of immediate termination of the Contract and of any and all obligations regarding the same. c) The Certificate of Insurance and accompanying Additional Named Insured Endorsement, shall print the following under the description field: Towing Contracts, Edmonds. Packet Page 320 of 352 - 7 - d) Contractor shall not begin work under this Contract until all required insurance has been obtained and until Edmonds has approved such insurance, nor shall Contractor allow subcontractor to commence work until the same insurance requirements have been complied with by such subcontractor. Said insurance shall provide coverage to Contractor, any subcontractor performing work provided by this Contract, and Edmonds. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of Contractor or subcontractor, or by anyone directly or indirectly involved or employed by either of them. e) Approval of the insurance by Edmonds shall not relieve or decrease the liability of the Contractor for any damages arising from Contractor’s Work. f) Insurance shall provide, at a minimum, the types of insurance coverage, liability limits and endorsements as set forth below and shall be included in all applicable policies and on the Certificate of Insurance. The insurance coverage listed below shall protect the Contractor and Edmonds from claims for damages of bodily injury, including death resulting therefrom, as well as claims for property damage, which may arise from operations under this Contract, whether such operation be by itself or by any subcontractor or by anyone directly employed by either of them, it being understood that it is the Contractor’s obligation to enforce the requirements of this section in respect to any subcontractor employed for this project: 1. Commercial General Bodily Injury and Property Damage Insurance shall include: a. Premises and Operations; b. Owners and Contractors Protective; c. Products Liability including completed Operations Coverage; d. Contractual Liability; e. Broad Form Property Damage; f. Commercial Form (to include Extended Bodily Injury) g. Employees as Additional Insured; h. Explosion, Collapse and Underground Hazard; i. Independent Contractors; j. Personal Injury; k. Stop Gap; and l. Cross Liability Clause. 2. Professional Liability Insurance including Errors and Omissions as appropriate to Work performed. Professional Liability Insurance including Errors and Omissions shall be written on a following form basis with limits of in no case less than $1,000,000. Packet Page 321 of 352 - 8 - 3. Automobile Bodily Injury and Property Damage Insurance sufficient to cover any driving that is directly required for the performance of the stated Work, with limits not less than $1,000,000 each accident. 4. General Liability (Commercial General Liability Insurance) shall be written with limits of liability of no less than $1,000,000 combined single limits, per occurrence and $2,000,000 in aggregate. 5. Umbrella Liability Insurance shall be written on a following form basis with limits of, in no case less than, $1,000,000. g) Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor’s responsibility for payment of damages resulting from operations under this Contract. h) The coverage provided by the General Liability and the Automobile Liability is primary to any insurance maintained by Edmonds. i) The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects to any claims, suit or judgment made or brought by or for any other Insured or by or for any employee of any other Insured. This policy shall protect each Insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company’s liability beyond the amount or amounts for which the company would have been liable had only one Insured been named. j) The Certificate of Insurance (ACCORD Form 25-S) cancellation clause shall be amended as follows: Should any of the above described policies be cancelled, changed or reduced in coverage before the expiration date, the issue company will mail 30 day written notice through certified mail, to the certificate holder named at the left. k) There shall be included in the general liability insurance contractual coverage sufficiently broad to insure the provisions of that Section herein entitled “Hold Harmless Clause.” l) Such insurance shall be maintained as required above, and any additional coverages and limits as Edmonds may from time to time specify to protect Edmonds, its successor and assigns from any claims, losses, harm, costs, liabilities, damages, and expenses (including but not limited to reasonable attorney’s fees) that may arise out of any property damage, bodily injury (including death) or professional liability related to Work performed. m) Failure to comply with provisions contained herein shall not waive the responsibility of the Contractor to provide the required protection. Packet Page 322 of 352 - 9 - 16. Communications. Communications concerning Contract terms, duration and conditions shall be made to: The Assistant Chief of Police, Support Services, City of Edmonds 250 5th Avenue North, Edmonds, WA 98020 Phone: 425-771-0200 Fax: 425-771-0208 Or in his absence, to the Assistant Chief of Police, Field Services 17. General Provisions. a. Entire Agreement. This Contract and its attachments set forth the entire Contract of Edmonds and Contractor, and supersedes all prior contracts with respect to the Work. Any prior, contemporaneous, or oral agreements, promises, negotiations or representations not expressly set forth herein, have no force or effect. No amendment or modification of any provision of this Contract shall be valid unless set forth in a written amendment to this Contract signed by Edmonds and Contractor. The invalidity or unenforceability of any provision of this Contract shall not affect the other provisions hereof, and this Contract shall be construed in all respects as if such invalid or unenforceable provisions were omitted. The headings of sections of this Contract are for convenience and reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections. b. Governing Law and Venue. This Contract shall be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Washington. Any litigation arising out of or in connection with this Contract shall be filed and conducted in Snohomish County Superior Court. c. Modification. Edmonds may, from time to time, unilaterally change the Work of the Contractor to be performed hereunder. Such changes, including any increase or decrease in Work, shall be made in writing, shall be explicitly identified as an Addendum, and shall become part of this Contract. d. Severability. If any provision of this Contract is declared invalid, illegal or incapable of being enforced by any court of competent jurisdiction, all of the remaining provisions of this Contract shall continue in full force and effect, and no provisions shall be deemed to depend upon any other provision unless so expressed herein. e. Complementary Provisions: All provisions of this Contract are intended to be complementary, and any requirements mentioned by one and not mentioned in another section of this Contract shall nevertheless be performed to the same extent as though required by all. f. Attorney’s Fees. In the event either party brings suit to enforce the terms of this Contract, or arising from the breach of this Contract, the prevailing party shall be entitled to its costs and attorney’s fees for bringing or defending the action, including Packet Page 323 of 352 - 10 - any such costs and fees incurred on appeal. The venue for any dispute related to this Contract shall be Snohomish County, Washington. g. Survivability. The obligations of Contractor under all provisions of this Contract, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Contract, shall survive the completion, termination or cancellation of this Contract. h. No Waiver. Failure of delay by Edmonds to declare any breach or default immediately upon occurrence shall not waive such right. Failure of Edmonds to declare a breach or default does not act as a waiver of Edmonds’ right to declare another breach or default. i. Remedies Cumulative. Any remedies provided for under the terms of this Contract are not intended to be exclusive, but shall be cumulative with all other remedies available to Edmonds by law or in equity. j. Titles. The titles to the paragraphs of this Contract are solely for the convenience of the parties and are not an aide in the interpretation of the instrument. k. Contractor Obligation. Except as otherwise specifically provided in this Contract, Contractor shall furnish everything that may be required to provide the scope of Work as described in the Contract and incorporated documents, including but not limited to any personnel, labor and supervision, technical, professional and other services, equipment and supplies. Details of the supplies, equipment, or installation of same, that are necessary to carry out the intent of this Contract, but that are not expressly stated, shall be performed or furnished by the Contractor as part of the Contract. These changes will be performed without any increase in the compensation otherwise payable under this Contract. l. Executory Contract: This Contract will not be considered valid until signed by both parties. m. Binding Effect. The provisions, covenants, and conditions in this Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns. n. No Verbal Contracts. No verbal contracts or conversations between any officer, agent, associate or employee of Edmonds and any officer, agent, associate or employee of Contractor prior to execution of this Contract shall affect or modify any of the terms or obligations contained in this Contract. Any such verbal contracts shall be considered unofficial information and in no way binding on either party. o. No Gifts and Gratuities. Contractor must not offer, nor can Edmonds employees accept, gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with city business practices. It is also unlawful for anyone to offer another, to influence or cause him or her to refrain from submitting a bid. Contractors and Edmonds employees must strictly adhere to the applicable statutes Packet Page 324 of 352 - 11 - and ordinances for ethics in contracting and purchasing, including Edmonds Ethics Code, RCW 42.23 (Code of Ethics for Municipal Officers) and RCW 42.52 (Ethics in Public Service). This is applicable to any business practice, whether a contract condition, bid practice, or at any activity related to Edmonds business. p. No Conflict of Interest. Contractor confirms that Contractor does not have a business interest or close family relationship with any Edmonds officer or employee who was, is, or will be involved in Contractor selection, negotiation, drafting, signing, administration or evaluation of Contractor’s performance. In addition, the Contractor confirms adherence to Edmonds policy regarding conflict of interest, Edmonds Ethics Code, and the RCW as named previously. q. Compliance with Law. Contractor shall comply with all applicable federal, state and local laws, rules, and regulations in effect at the time of the performance of the Work under this Contract. No extension of time or additional payment will be made for loss of time or disruption of Work caused by any actions against the Contractor for any of the above reasons. r. Licenses, Permits and Similar Authorization. Contractor, at no expense to Edmonds, shall secure and maintain in full force and effect during the term of this Contract, all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. s. Assignment, Subcontracting, Delegation. Contractor may not (by contract, operation of law, or otherwise) delegate or subcontract or assign performance of the Work to any other person or entity without the prior written consent of Edmonds. Any such delegation or subcontracting without Edmonds’ prior written consent shall be voidable at Edmonds’ option. Approval of such assignment shall not be unreasonably withheld. No delegation or subcontracting of performance, with or without Edmonds’ prior written consent, shall relieve Contractor of responsibility to perform Work in accordance with this Contract. Contractor shall be fully responsible for the performance, acts and omissions of Contractor’s employees, Contractor’s subcontractors and any other person who performs or furnishes any services. t. Performance and Execution. Contractor shall perform Work in a timely manner and in accordance with the standards of the profession. At the time of performance, Contractor shall be properly licensed, equipped, organized and financed to perform the Work in accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor shall perform Work in accordance with its own methods. u. Precautions against Bodily Injury or Property Damage. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damages that may occur in connection with this Contract. Packet Page 325 of 352 - 12 - v. Licenses, Permits, and Taxes. Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Work. w. Personal Liability. It is agreed by and between the parties hereto that in no event shall any official, officer, employee, or agent of Edmonds be in any way liable or responsible for any covenant or contract herein contained whether express or implied, nor for any statement or representation made herein or in any connection with this Contract. x. Nondiscrimination. In all hiring or employment made possible or resulting from this Contract, there shall be no unlawful discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. This requirement shall apply to but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Contract on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status, or in the presence of any sensory, mental or physical handicap. y. OSHA/WISHA. The Contractor agrees to comply with the conditions of the Federal Occupational Safety and Health Act of 1970, the Washington Industrial Safety and Health Act of 1970, and the standards and regulations issued thereunder, and certify that all items furnished and purchased under this Contract will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless Edmonds from damages assessed against Edmonds because of Contractor’s failure to comply with the standards issued thereunder and for the failure of the items furnished under this Contract to so comply. z. Hold Harmless. Contractor shall hold Edmonds and its officers, agents and employees harmless from all costs, claims or liabilities of any nature including attorney’s fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from the negligent activities or omissions of the Contractor, its agents or employees pursuant to the Contract, or on account of any unpaid wages or other remuneration for services; and if a suit as described above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment by Edmonds, the Contractor shall pay the same. aa. Emergency Work. Contractor will not be allowed added compensation for any emergency Work performed on Sundays or legal holidays, unless approved in writing by the Purchasing Manager. Packet Page 326 of 352 - 13 - bb. Guarantee. The contractor hereby guarantees that all of the Work, materials or equipment furnished by him/her under this Contract will fully meet all requirements for quality of workmanship, materials, strength and any and all other requirements of the specifications. IN WITNESS WHEREOF, Edmonds and Contractor have executed this Contract as of the date first above written. CITY OF EDMONDS CONTACTOR NAME Mike Cooper, Mayor Signature _____________ Date Printed Name ______ ATTEST BY: Title Sandra S. Chase, City Clerk Date Date APPROVED AS TO FORM: ____________________________________ Office of the City Attorney __________________ Date Packet Page 327 of 352 - 14 - EXHIBIT A – SPECIFICATIONS 1. Contractor agrees to promptly tow, store, protect and release or otherwise dispose of vehicles that are towed at the request of Edmonds through the SNOCOM Dispatch Center. All requests made of the Contractor through the SNOCOM Dispatch Center are subject to the Contract specifications, rates, terms and conditions. These include, but are not limited to vehicles: a) Requested to be towed by Edmonds’ Police Department for a private individual; b) Ordered impounded by the Police Department; or c) City vehicles requiring towing services upon request of an authorized City officer. 2. The Contractor must hold current and valid permits and bonds from the State of Washington as required for the operation of the towing business and the storage yard, and have such displayed. 3. The Contractor must have or obtain a City of Edmonds Business License. 4. The Contractor must assure every truck operator is properly licensed as a vehicle operator for the type of vehicle (tow truck) including any specialized licensing provisions such as commercial truck driver’s license (CDL). 5. Contractors must be at least twenty-one (21) years of age, must possess a valid Washington State Driver’s license and must not have been convicted of driving while under the influence (DUI) of intoxicants or drugs, reckless driving, or having their driver’s license suspended in this or any other state within the last five (5) years, or have been convicted of any felony within the last ten (10) years. 6. The Contractor must have tow vehicles of sufficient size and weight to remove and tow disabled or impounded vehicles. All tow trucks must be equipped with warning lights required under state law. 7. Contractor shall be responsible for determining the type of equipment that is appropriate to the response. This shall not be the responsibility of, or the cost borne by, Edmonds or the private individual. If the Contractor responds with equipment not properly equipped to complete the service call, it shall be at the Contractor’s expense and liability to provide appropriate equipment to complete the required Work. Failure to dispatch an appropriate tow vehicle does not allow the Contractor to charge an additional or duplicate fee. The charge shall be only once, and for the type of equipment actually used to remove the vehicle. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Services. 8. The Contractor must have a staffed dispatch office twenty-four (24) hours per day, seven (7) days per week, which is capable of receiving requests for vehicle impound, towing or redemptions, verifying vehicle impound and vehicle impound information, and dispatching personnel and equipment to the site of an impound or tow, in response to a City request. Packet Page 328 of 352 - 15 - 9. Contractors will comply with WAC 204-91A-120. Business hours for purposes of inspection of records, place of business, and towing equipment must be 8 a.m. to 5 p.m. excluding weekends and state recognized holidays. Business hours will be posted conspicuously at the operator’s place of business so they can be seen during business hours and non-business hours. 10. The Contractor must agree to charge no more than the rates that are specified by Edmonds for these services and as may be modified by Edmonds in the future at the time of a Contract renewal. In addition, the Contractor shall post current towing service rates in a conspicuous place at the company’s place of business. 11. For class A & B tows, the Contractor shall arrive within twenty (20) minutes to the scene of an impound or tow request made under this Agreement. If the Contractor is unable to respond, the Contractor shall immediately inform SNOCOM Dispatch that service is not available at the time of receiving the call. The SNOCOM Dispatch will either accept or cancel the request. Class C trucks shall arrive within thirty (30) minutes. Contractors will be allowed twenty four (24) hours for “abandoned” vehicles tows. 12. Contractor shall have and maintain a two-way radio communication system between the dispatch office and each tow truck that is used to impound vehicles. 13. A tow operator on rotation who is unable to dispatch within the stated time will forfeit their turn and be placed on the bottom of the list as if they had responded. Failure of Contractor to either respond or to otherwise immediately notify the SNOCOM Dispatch may result in the suspension or revocation of the tow operator’s letter of appointment or tow contract. 14. Failure to serve Edmonds as a priority customer during an emergency will incur such penalties, and will also result in immediate termination and removal of the company from the list of eligible firms for future Work with Edmonds. 15. Contractor will maintain a storage lot within reasonable walking distance from a bus route and no further than one (1) mile from Edmonds city limits. Vehicles are to be towed directly to the storage lot. All storage areas shall be fenced, lighted and secure. Tow yard must have a gravel or better surface. Lighting will be of sufficient illumination to permit visual inspection of all vehicles stored during the hours of darkness. Fences will be of sufficient strength and height (WAC 308-61-026(2) to discourage entry to the storage area, except through controlled gates. Further, an area must be maintained to allow for reasonable protection to the satisfaction of Edmonds for motorcycle storage, open convertibles, or other vehicles that would be exposed to the elements. 16. Contractor will have available an enclosed garage for use and storage of vehicles containing or considered to be evidence in criminal or civil proceedings. This enclosure will have all windows, if any, barred. 17. Contractor must hold insurance coverage, at a minimum of $1,000,000 general public liability combined single limit per occurrence, which will be modified to name Edmonds as an Packet Page 329 of 352 - 16 - additional insured, and must have capacity and agree to maintain a current copy with Edmonds. For additional insurance requirements, please see Contract section 15. 18. Contractors must keep invoices and business records, which include records on towed and released vehicles; which were towed at the request of the Police Department. This record will include, but not be limited to: a) An itemized receipt of charges to the claimant of the vehicle; b) An inventory sheet or copy thereof, made out by the officer at the scene of the tow and signed by the tow truck driver. Such records will be available for inspection by the Police Department during normal business hours for three (3) years 19. Contractor shall prepare a receipt for every vehicle which leaves the Contractor’s possession, and shall indicate the date/time of delivery to the claimant, name, address and driver’s license number to whom it is delivered, name/address of the employer of such person, name/address of the registered owner, signature of the person, signature of the employee. For each occurrence of all vehicles requested towed, the Contractor shall also prepare a detailed spreadsheet, which shall include the following for each occurrence for each vehicle: Date Time received the dispatch call Time of arrival at the scene Location of the scene Number of vehicles involved Number of Edmonds owned vehicles involved The Contractor will maintain a monthly log, but these will not be submitted monthly to Edmonds, and will instead be maintained by the Contractor and available upon the request of Edmonds. 20. Contractor shall immediately advise the Police Department when a private call is received for a tow and the circumstances indicate that the tow is for a vehicle which has been involved in an accident or other such incident on the public roadway. The Contractor also shall immediately advise the Police Department of all traffic accidents on private property resulting in bodily injury or death when the operator has received a private call for a tow at such an accident. 21. Contractor will notify the Police Department before moving any vehicle involved in an accident on a public highway under the jurisdiction of Edmonds Police Department, or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated. 22. Contractor will notify Edmonds Police Department in writing of all police impounds with holds which remain in storage before the expiration of the third (3rd) day of storage or the Contractor shall not charge storage fees beyond the third (3rd) day. Packet Page 330 of 352 - 17 - 23. Vehicles impounded for evidence by order of the Police Department shall only be released upon order of the Police Department. 24. Vehicles impounded as authorized by RCW 46.55.113 will be released or redeemed to proper persons in accordance with the terms of RCW 46.55.120 and WAC 236-12-365. 25. Contractor will comply with WAC 204-91A-130 and RCW 46.55.090. All vehicles shall be handled and returned in substantially the same condition, as they existed before being towed. All personal property and contents in the vehicle shall be kept intact, and shall be returned to the vehicle owner upon request during normal business hours and with presentation of sufficient identification at no charge. In the event that any unclaimed property is turned over to the Police Department pursuant to RCW 46.55.090(4) or WAC 204-91A-130 such property must be itemized and clearly labeled with the vehicle license number, VIN, police case number and date of impound. 26. Contractor shall dispose of abandoned vehicles pursuant to RCW 46.55.230. 27. Contractor will remove debris from the street, sidewalk, or parking strip, including broken glass or other debris, resulting from the incident, at no additional cost. 28. Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property damage that may occur in connection with the Work. 29. The Work cannot be delegated or performance subcontracted to any other person or entity without the prior written consent of Edmonds, except for the use of Class C trucks that can be made available through a subcontract arrangement. Packet Page 331 of 352 - 18 - EXHIBIT B - RATES and FEES – October 11, 2011 through October 10, 2014 The following is the current rate and fee schedule. Below are the maximum allowable rates for all SNOCOM dispatched tows. Service New Edmonds Rates 2011 – 2014 Effective 10/11/2011 – 10/10/2014 WSP Rates 1 2011/2012 2010/11 Edmonds Rate Expires on 10/10/11 at midnight Service Call Only (Jump starts, unlock, flat tire change, etc.) Hourly rates as provided below, charged in 15 minute increments Hourly rates as provided below, charged in 15 minute increments Hourly rates as provided below, charged in 15 minute increments A Class Tow $158.00 per hour $177.00 per hour $158.00 per hour B Class Tow $192.00 per hour $213.00 per hour $192.00 per hour C Class Tow $266.00 per hour $373.00 per hour $266.00 per hour Stand-by Time A & B Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Stand-by Time C Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Winching Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Drive Line Removal Hourly rates above, charged in 15 minute increments Hourly rates above Hourly rates above, charged in 15 minute increments Mileage No Additional Charge for Mileage is permitted No Additional Charge for Mileage is permitted No Additional Charge for Mileage is permitted After-Hours Release 2 $75.00 $88.00 $75.00 Storage2 $41.00 per day $45.00 per day $41.00 per day Extra Person $75.00 per hour $88.00 per hour (1/2 of class A truck rate 3 $75.00 per hour ) 1 These are the current WSP rates on April 11, 2011. 2 Per WAC 204-91A-140. 3 Must have supporting documentation showing continuous employment. Packet Page 332 of 352 AM-4326   Item #: 3. C. City Council Committee Meetings Date: 11/07/2011 Time:15 Minutes   Submitted By:Mary Ann Hardie Department:Human Resources Review Committee: Public Safety Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title 2012 Hourly Positions by Pay Grade/Title and 2012 Hourly Employee Wage Schedule. Recommendation from Mayor and Staff Staff respectfully requests Council review and approval of the attached materials for budget year 2012.  Previous Council Action The "Hourly Positions by Pay Grade and Title" and "Hourly Employee Wage Schedule" comes before Council on an annual basis updated to reflect changes made by the Department of Labor and Industries to the State's minimum wage.  As the State of Washington's minimum wage increases, historically the Hourly Employee Wage Schedule increases since H1/Step 1 on the schedule is set at the minimum wage.  Additionally, the Hourly Employee Wage Schedule has historically followed the same COLA schedule as the Non-Represented Employees.  A 1.5% COLA has been budgeted for the Non-Represented Employees for 2012; this 1.5% COLA has also been applied to the Hourly Employee Wage Schedule for 2012.    Narrative As previously stated, the attached Hourly Employee Wage Schedule is updated each year to reflect changes to the State of Washington's minimum wage.  As the attached news release from L & I states, this year the minimum wage was increased 4.258%. moving H1/Step 1 from the previous minimum wage of $8.67 to $9.04 for 2012. Please be aware that only the first step of each pay grade in the "Hourly Positions by Pay Grade and Title" has a 4.258% adjustment applied with each step thereafter having a 1.5% COLA applied to the remaining steps in the schedule.    The Hourly Employee Wage Schedule is used for part time, seasonal employees hired, generally, over the summer season in Parks and Recreation and Public Works.  Typical positions include lifeguards, seasonal laborers in Public Works and in Parks, pool seasonal employees, etc. (refer to the "2012 Hourly Positions by Pay Grade and Title" exhibit).   Attachments 2012 Hourly Employee Ordinance L& I Minimum Wage Press Release Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 08:13 AM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Mary Ann Hardie Started On: 11/01/2011  Final Approval Date: 11/03/2011  Packet Page 333 of 352 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE SALARY RANGES FOR HOURLY EMPLOYEES FOR BUDGET YEAR 2012, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, RCW 35A.33.050 requires that the salary ranges for the various positions in the City of Edmonds (“City”) be made a part of the annual budget document as part of the adoption of an annual budget ordinance; and WHEREAS, after review and discussion, the City Council has determined it appropriate to adjust salary ranges for certain hourly employees described in the attached Exhibit A and in order to permit a salary increase in compliance with the State of Washington’s minimum package, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Annual salary ordinance 1.1 The salary ranges of all hourly employees are hereby adjusted upward to reflect the 2012 change to Washington State’s minimum wage law and to include a 1.5% COLA. The salary ranges adopted are shown on the attached Exhibit A. Section 2. Effective Date APPROVED: . This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. MAYOR MIKE COOPER Packet Page 334 of 352 ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 335 of 352 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, ESTABLISHING THE SALARY RANGES FOR HOURLY EMPLOYEES FOR BUDGET YEAR 2012, 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 336 of 352 EXHIBIT A 2012 HOURLY POSITIONS BY PAY GRADE AND TITLE GRADE TITLE H01 DEPARTMENT Summer Preschool Assistant Recreation Gymnastics Assistant Recreation Day Camp Assistant Leader Recreation H02 H03 Clerical Assistant General Clerk Typist General Lifeguard I (steps 1-3) Recreation Lifeguard II (steps 3-5) Recreation Pool Office Staff Recreation H04 Mechanics Helper PW File Clerk General Day Camp Leader Recreation Senior Leader (steps 3-5) Recreation Recreation Aide Recreation Swim Instructor Recreation Assistant Swim Coach Recreation H05 Front Desk Receptionist General Gymnastics Instructor 1 Recreation Preschool Assistant Recreation Senior Guard Recreation H06 Seasonal Laborer Parks Beautification Program Worker Parks Water/Sewer Laborer PW Street/Stormwater Seasonal Laborer PW H07 Clerk General Ranger/Naturalist Recreation Crime Prevention Officer Assistant Police Crime Prevention Volunteer Coordinator Police Aquatic Lead Recreation Dive Coach Recreation Swim Team Coach Recreation H08 Junior Counselor Advisor Recreation Gymnastics Instructor II Recreation H09 Intern General H10 Summer Preschool Supervisor Recreation Assistant Pool Manager Recreation H11 Secretary General Gymnastics Coach Recreation Bailiff Court Pool Manager Recreation Tennis Instructor* Recreation WWTP Laborer WWTP H12 Day Camp Supervisor Recreation H13 Gymnastics Supervisor Recreation Packet Page 337 of 352 H14 Special Commission/Security Police HPO Police Reserve ($12.00) Police H21 Pro Tem Judges Municipal Court Updated 11.2.11 *When the current tennis instructor is no longer with the City, we would like to move the position to an H9. This is the correct grade, but this position was moved in 2004 to an H13 (which became an H12 in 2008). Packet Page 338 of 352 1.5% Step Increases 2012 HOURLY EMPLOYEE WAGE SCHEDULE 4.3% increase over 2011 per Department of L & I Minimum Wage increase GRADE 1st YEAR 2nd YEAR 3rd YEAR 4th YEAR 5th YEAR STEP 1 STEP 2 STEP 3 STEP 4 H1 STEP 5 $9.04 $9.18 $9.31 $9.45 $9.59 H2 $9.70 $9.85 $10.00 $10.15 $10.30 H3 $10.18 $10.34 $10.49 $10.65 $10.81 H4 $10.95 $11.11 $11.28 $11.45 $11.62 H5 $11.69 $11.86 $12.04 $12.22 $12.41 H6 $12.44 $12.63 $12.82 $13.01 $13.20 H7 $13.22 $13.41 $13.62 $13.82 $14.03 H8 $13.71 $13.91 $14.12 $14.33 $14.55 H9 $14.72 $14.94 $15.17 $15.39 $15.63 H10 $15.49 $15.72 $15.95 $16.19 $16.44 H11 $16.39 $16.63 $16.88 $17.14 $17.39 H12 $18.93 $19.21 $19.50 $19.79 $20.09 H13 $21.77 $22.10 $22.43 $22.76 $23.11 H14 $23.95 $24.31 $24.67 $25.04 $25.42 H15 $26.34 $26.74 $27.14 $27.54 $27.96 H16 $28.98 $29.41 $29.85 $30.30 $30.75 H17 $31.87 $32.35 $32.84 $33.33 $33.83 H18 $35.06 $35.59 $36.12 $36.66 $37.21 H19 $38.57 $39.14 $39.73 $40.33 $40.93 H20 $42.42 $43.06 $43.70 $44.36 $45.03 Packet Page 339 of 352 STEP ADVANCEMENT: Hourly employees are eligible for step advancement following each completed year of service or return to the same seasonal position the employee occupied the previous year based on performance. Advancement cannot go beyond step 5 of the pay grade. Packet Page 340 of 352 Washington's minimum wage to increase to $9.04 next year More news releases Sept. 30, 2011 Share56 TUMWATER –Washington’s minimum wage will increase to $9.04 per hour beginning Jan. 1, 2012, the Department of Labor & Industries announced today. L&I calculates the state’s minimum wage each year as required by Initiative 688, approved by Washington voters in 1998. The 37-cent increase reflects a 4.258 percent increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPIW) since August 2010. The CPI-W, which is used in this calculation, is a measure of the average change in prices over time of goods and services purchased by urban wage earners and clerical workers. Goods and services are determined as those things people buy for day-to-day living such as food, clothing, shelter, and fuels, and services such as doctor visits. According to the Bureau of Labor Statistics’ news release, over the last 12 months the prices of most categories of consumer goods rose. The largest cost increases occurred for fuels and the lowest cost increases were for education and communication services. Washington is one of 10 states that adjusts the minimum wage based on inflation and the CPI. The others are Arizona, Colorado, Florida, Missouri, Montana, Nevada, Ohio, Oregon, and Vermont. Washington state has the highest minimum wage, followed by Oregon. Oregon recently announced that its minimum wage will rise 30 cents to $8.80 an hour in 2012. Packet Page 341 of 352 Washington’s minimum wage applies to workers in both agricultural and non-agricultural jobs, although 14 and 15-year-olds may be paid 85 percent of the adult minimum wage, or $7.68 in 2012. More information on Washington’s minimum wage is available at Wages.Lni.wa.gov. Employers and workers also may call 360-902-5316 or 1-866-219-7321. ### For media information: Elaine Fischer, Elaine.Fischer@Lni.wa.gov, 360-902-5413. Broadcast version: The Department of Labor & Industries says the state’s minimum wage will increase by 37 cents to $9.04 an hour starting January 1st, 2012. The state recalculates the wage each September as required by an initiative passed by voters in 1998. The initiative requires the state to adjust the minimum wage based on the “CPI-W,” which is a national consumer price index covering the cost of goods and services needed for day-to-day living. That index rose four point two five eight percent (4.258%) during the 12 months ending August 31, 2011. You can find more information at Wages dot Lni dot wa dot gov. Packet Page 342 of 352 AM-4327   Item #: 3. D. City Council Committee Meetings Date: 11/07/2011 Time:15 Minutes   Submitted By:Mary Ann Hardie Department:Human Resources Review Committee: Public Safety Committee Action: Recommend Review by Full Council Type:Action  Information Subject Title Non-Represented Employee compensation ordinance. Recommendation from Mayor and Staff Council review and adopt the attached ordinance, giving the Mayor authority to enact a 1.5% cost of living adjustment for 2012 for Non-Represented employees. Previous Council Action As is past practice and consistent with the current Non-Represented compensation policy, Council adopts a salary ordinance each year as part of the budget process. Narrative As Council may recall the City has recently contracted with Public Sector Personnel Consultants to complete three phases of work in an effort to create consistent and effective business practices throughout the organization, and to address some of Council's concerns. Two phases of this work include updating the Non-Represented Compensation Policy ( NRC ) and completing a total compensation survey for Non-Represented employees. Because of this current process, the Mayor and staff are recommending that we work with PSPC in the next few months to address the concerns of the Non-Represented Compensation Policy and bring revisions back to Council for adoption. In addition, the Mayor and staff will also be working with PSPC and the Council on the results and impacts of the total compensation survey. The expected timeline is for this to be completed in the next four months. While this work is being completed, the Mayor and staff recommend the Council adopt a salary ordinance giving the Mayor authority to enact a 1.5% cost of living adjustment for Non-Represented employees. This is consistent with the recent collective bargaining agreements for both the Teamsters and SEIU, and seeks to create an equitable environment for a majority of the workforce.  Attachments 2012 Ordinance on NRC Pay Schedule NRC Policy Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/03/2011 02:54 PM Mayor Mike Cooper 11/03/2011 03:54 PM Final Approval Sandy Chase 11/03/2011 04:00 PM Form Started By: Mary Ann Hardie Started On: 11/01/2011  Final Approval Date: 11/03/2011  Packet Page 343 of 352 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE SALARY RANGES FOR NON-REPRESENTED AND EXEMPT PERSONNEL FOR BUDGET YEAR 2012, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, RCW 35A.33.050 requires that the salary ranges for the various positions in the City of Edmonds (“City”) be made a part of the annual budget document as a part of the adoption of an annual budget ordinance; and WHEREAS, after review and discussion, the City Council has determined it appropriate to adjust salary ranges for certain non-represented employees described in the attached Exhibit A in order to permit a salary increase along with approval of a benefit package; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Annual salary ordinance. 1.1 The salaries of all non-represented employees, per the Non- Represented Compensation Policy and as shown on Exhibit A, are adjusted as follows: Current Band Proposed 2012 Band A – $103,568 - $155,352 A – $105,122 - $157,682 (includes a 1.5% COLA) B – $94,402 - $141,604 B – $95,818 - $143,728 C – $85,237 - $127,855 C – $86,516 - $129,773 D – $76,071 - $114,107 D – $77,212 - $115,819 E – $66,905 - $100,358 E – $67,909 - $101,863 F – $57,740 - $86,610 F – $58,606 - $87,909 G – $48,574 - $72,861 G – $49,303 - $73,954 H – $39,408 - $59,113 H – $39,999 - $60,000 Packet Page 344 of 352 1.2 In addition, the Mayor is authorized to approve merit increases for the non-represented employees listed in Exhibit A, effective on the individual employee’s anniversary date. Such merit increases may range between zero percent (0%) up to three percent (3%) but shall not exceed five percent (5%) nor exceed the band maximum per the Non-Represented Compensation Policy. 1.3 When a non-represented employee is assigned to work in a position with a higher pay rate in order to fill a vacancy or act on behalf of an absent employee, the employee shall be paid Acting Pay in the amount of either the minimum of the salary rate of the acting position or a 5% increase in base pay, whichever is greater. To qualify, the employee must be assigned to the acting position for a period of ten (10) or more consecutive workdays. 1.4 The purpose of this ordinance is to fulfill the requirement of RCW 35A.33.050 that the salary or salary range for each office, position or job classification shall be set forth separately, together with the title or position designation thereof, and included in the City’s proposed preliminary budget for each year. Because there is a compensation and classification study currently in progress for Non- Represented positions, the results of that study may impact the salaries and titles of this classification group. Therefore, it is possible that another ordinance with adjusted salaries and titles for Non-Represented positions may be brought for approval during 2012. Such an ordinance would supersede this ordinance. Section 2. Insurance, leave and other existing benefits shall remain in full force and effect. Section 3. Effective Date . This ordinance, being an exercise of a power specifically 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. Packet Page 345 of 352 APPROVED: MAYOR MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 346 of 352 4 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2011, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE SALARY RANGES FOR NON-REPRESENTED AND EXEMPT PERSONNEL FOR BUDGET YEAR 2012, 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 347 of 352 5 EXHIBIT A 2012 NON-REPRESENTED EMPLOYEE PAY SCHEDULE (NRC) Effective January 1, 2011 (1.5% COLA) BAND TITLES A PAY RANGE Police Chief $105,122 - $157,682 PW Director Community Services/Economic Dev Director Parks and Recreation Director Development Services Director Human Resources Director Finance Director BAND TITLES B PAY RANGE Assistant Police Chief $95,818 - $143,728 City Engineer BAND TITLES C PAY RANGE Planning Manager $86,516 - $129,773 Building Official City Clerk WWTP Manager BAND TITLES D PAY RANGE Chief Information Officer $77,212 - $115,819 Transportation Engineer Court Administrator Water/Sewer Manager Street/Storm Water Manager WWTP Supervisor BAND TITLES E PAY RANGE Facilities Manager $67,909 - $101,863 Parks Manager Storm Water Engineer Cultural Services Manager Recreation Services Manager Fleet Manager Assistant Building Official Engineering Program Manager 2 and 3 Senior Planner Senior Utilities Engineer Packet Page 348 of 352 6 BAND TITLES F PAY RANGE Executive Assistant to the Mayor $58,606 - $87,909 Planner Capital Projects Manager Engineering Program Manager 1 Associate Planner BAND TITLES G PAY RANGE Assistant Planner $49,303 - $73,954 Recycling Coordinator Executive Assistant - Confidential Human Resources Analyst BAND TITLES H PAY RANGE Human Resources Assistant $39,999 - $60,000 Packet Page 349 of 352 11/4/2011dlh POLICY AND PROCEDURE SUBJECT: NON-REPRESENTED COMPENSATION POLICY The City’s non-represented compensation policy strives to maintain equity in pay for all employees, offers competitive salaries to attract high level applicants, offers internal equity to foster long term retention of valuable employees, and rewards meritorious job performance for deserving individuals. BANDING (Internal Equity Component) - The City’s non-represented compensation policy covers all non-represented positions in eight different bands as follows: Band A: Police Chief, Finance Director, Public Works Director, Community Services Director/Economic Development Director, Parks, Recreation, and Cultural Services Director, Development Services Director, and Human Resources Director Band B: Assistant Police Chief and City Engineer Band C: Planning Manager, Building Official, City Clerk and WWTP Manager Band D: Chief Information Officer, Transportation Engineer, Court Administrator, Water/Sewer Manager, Street/Storm Water Manager and WWTP Supervisor Band E: Facilities Manager, Parks Manager, Storm Water Engineer, Cultural Services Manager, Recreation Services Manager, Fleet Manager, Assistant Building Official, Engineering Program Manager 2 and 3, Senior Planner and Senior Utilities Engineer City of Edmonds PERSONNEL POLICIES Packet Page 350 of 352 Page 2 Band F: Executive Assistant to the Mayor, Planner, Capital Project Manager, Engineering Program Manager 1 and Associate Planner Band G: Assistant Planner, Recycling Coordinator, Executive Assistant Confidential and Human Resources Analyst Band H: Human Resources Assistant The salary for each position shall remain within the boundaries of the specific corresponding band. The bands are consistently held at a 50% width. METHOD/APPLICATION (External Component) – Annually, to be completed no later than September 1 of each year, the non- represented bands will be realigned based on a market survey of two positions; the highest paid non-represented position and the lowest paid non-represented position. This process will involve the following: 1. Determining the highest paid non-represented position (Band A) and the lowest paid non-represented position (Band H). 2. Complete a market based survey of the two positions using the comparable cities from King, Snohomish, and Pierce Counties as determined by the HR Committee in 2000 (Attachment 1). The survey will include successfully comparing our positions with four cities directly above Edmonds by population and with four cities directly below Edmonds by population. The level 5 position (or median) will be determined with the median salary becoming the new maximum for the band. 3. The remaining bands (B through G) will be consistently spaced between Bands A and H. ANNUAL INCREASES – Non-represented staff are eligible for two increases a year as follows: Cost of Living Adjustment (COLA): As part of the annual budget process, each band is eligible for a COLA on an annual basis when approved by City Council. COLA shall be awarded following the annual market based survey and any necessary adjustments of non- represented bands. Packet Page 351 of 352 Page 3 Annual Merit Increase: Merit increases may be awarded to non-represented employees based on performance as follows: • 1% - Meets Standards – Performance consistently meets job requirements and goals are achieved as stated in the annual evaluation or work plan. • 2% - Commendable – Performance is consistently above adequate skill levels. Goals are achieved often beyond expectation. • 3% - Distinguished – Performance is consistently and significantly beyond established standards. Goals are achieved at an outstanding level and exceptional skill levels are consistently demonstrated. For exceptional meritorious performance, over and above distinguished, the Mayor has the authority to award a merit increase up to a maximum of 5% with appropriate justification from the Department Director. At no point shall employees be allowed to exceed the band maximum. RECRUITMENT - For external recruitment purposes, the band range will consist of the established band minimum up to 50% of the band width as the maximum (the mid-point of the band). New employees shall be hired at no more than 5% above their current salary not to exceed 50% of their specific band. In rare situations in which the position can not be filled, or when internal salary compression is a component, the Mayor has the authority to negotiate a starting salary that may exceed the mid-point within the band width. APPEALS – If a non-represented employee believes they have been incorrectly placed within the band structure, or has another pay equity issue, they may bring the issue forward to their direct supervisor and/or Department Director. If the Director finds the issue has validity, he/she will appeal to the Mayor to determine whether the position has been placed inappropriately, from a financial and from a responsibilities/job tasks standpoint, within a designated band. If, upon the conclusion of the review it is determined that an adjustment is warranted, the Mayor has the authority to correct position placement within the bands as appropriate. No other appeal process is available. Packet Page 352 of 352