Loading...
2011.11.15 CC Agenda Packet                 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds NOVEMBER 15, 2011 7:00 p.m.                 Call to Order and Flag Salute   1. (5 Minutes) Approval of Agenda   2. (5 Minutes) Approval of Consent Agenda Items   A.Roll Call   B. AM-4362 Approval of City Council Meeting Minutes of November 1, 2011.   C. AM-4363 Approval of City Council Meeting Minutes of November 7, 2011.   D. AM-4366 Approval of claim checks #128678 through #128801 dated November 3, 2011 for $278,271.03. Approval of claim checks #128802 through #128932 dated November 10, 2011 for $682,552.70. Approval of the reissuance of payroll check #50907 for the period October 1, 2011 through October 15, 2011 in the amount of $943.66 and payroll direct deposit and checks #50908 through #50933 for the period October 16, 2011 through October 31, 2011 for $629,969.89.   E. AM-4322 Acknowledge receipt of a Claim for Damages from Lynn Wallace ($602.25) and Sandra S. Hachler ($1,569.18).   F. AM-4350 Authorization for Mayor to sign Addendum No. 1 to the Facilities Lease with Clearwire LLC, for an additional five years.   G. AM-4352 Authorization to approve a sewer and storm easement for installation of a sewer main for the 2012 Sewerline Replacement Project.   H. AM-4354 Authorization to approve an easement for installation of watermain for the 2012 Packet Page 1 of 408 H. AM-4354 Authorization to approve an easement for installation of watermain for the 2012 Waterline Replacement Project.   I. AM-4357 Marina Beach BNSF Land Lease   J. AM-4360 Authorization for the Mayor to sign the Emergency Intertie Agreement between Seattle Public Utilities and the City of Edmonds.   K. AM-4361 Authorization to contract with James G. Murphy to sell surplus city vehicles.   L. AM-4365 Eliminate the Council Contingency amount in the General Fund.   M. AM-4368 Renew Towing Contracts   3. (5 Minutes) AM-4370 Small Business Saturday Proclamation.   4.Audience Comments  (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   5. (60 Minutes) AM-4371 Discuss 2012 Budget.   6. (15 Minutes) AM-4369 2011 November Budget Amendment.   7. (5 Minutes) AM-4364 Change Animal Benefit Fund to an annual appropriation.   8. (15 Minutes) AM-4272 Presentation of study to update the City's General Facilities Charges for utilities by City staff and the FCS Group.   9. (10 Minutes) AM-4351 Authorization for Mayor to sign Addendum No. 1 to the Professional Services Agreement with CHS Engineers, LLC.   10. (10 Minutes) AM-4358 Ordinance for 2012 Hourly Positions Employee Wage Schedule.   11. (10 Minutes) AM-4359 Non-represented employee compensation ordinance.   12. (15 Minutes) AM-4367 Report on City Council Committee Meetings of November 7, 2011.   13. (5 Minutes) Mayor's Comments   14. (15 Minutes) Council Comments   ADJOURN   Packet Page 2 of 408 AM-4362   Item #: 2. B. City Council Meeting Date: 11/15/2011 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Approval of City Council Meeting Minutes of November 1, 2011. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Attachments 11-01-11 Draft City Council Minutes Form Review Inbox Reviewed By Date Community Services/Economic Dev.Stephen Clifton 11/09/2011 10:48 AM Final Approval Sandy Chase 11/09/2011 11:02 AM Form Started By: Sandy Chase Started On: 11/08/2011 04:27 PM Final Approval Date: 11/09/2011  Packet Page 3 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES November 1, 2011 The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Cooper in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Mike Cooper, Mayor Strom Peterson, Council President D. J. Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Steve Bernheim, Councilmember (arrived 7:11 p.m.) ALSO PRESENT Alex Springer, Student Representative STAFF PRESENT Al Compaan, Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Shawn Hunstock, Finance Director Rob Chave, Planning Manager Carl Nelson, CIO Frances Chapin, Cultural Services Manager Rich Lindsay, Parks Maintenance Manager Rob English, City Engineer Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA Council President Peterson requested Item 5, Annual Report from Public Defender, be removed from the agenda as the Public Defender was not present. He also requested the time for Item 10, Convene in Executive Session to Receive and Evaluate A Complaint Or Charges Brought Against A Public Officer Per RCW 42.30.110(1)(f), and Regarding Potential Litigation Per RCW 42.30.110(1)(i), be reduced from 60 minutes to 20 minutes. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. (Councilmember Bernheim was not present for the vote.) 2. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Petso requested Item D be removed from the Consent Agenda. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. (Councilmember Bernheim was not present for the vote.) The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 25, 2011. C. APPROVAL OF CLAIM CHECKS #128543 THROUGH #128677 DATED OCTOBER 27, 2011 FOR $511,917.46. Packet Page 4 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 2 E. ACKNOWLEDGE RECEIPT OF A CLAIM FOR EQUITABLE ADJUSTMENT FROM PRECISION EARTHWORKS, INC. FOR $951.924.48. F. PROCLAMATION RECOGNIZING ARBOR DAY. ITEM D: COMMUNITY SERVICES / ECONOMIC DEVELOPMENT DEPARTMENT QUARTERLY REPORT - OCTOBER, 2011. At the request of Councilmember Petso, Community Services/Economic Development Director Stephen Clifton responded to the following questions raised by Natalie Shippen regarding the Unocal property cleanup: • Why are there different clean up levels for the eastern part of the Unocal site, 560 µg/L versus the western part, 706 µg/L? David South, Department of Ecology, who is responsible for oversight of the Unocal site cleanup, stated the composition of the petroleum product differs between the two areas and therefore a different toxicity which results in different cleanup standards. • Is the cleanup level determined by the proposed mixed use zoning of the site? Mr. South’s response was the groundwater cleanup level is set to protect the surface water into which it flows, specifically Willow Creek, which runs along the north and west edge of the lower yard. Site zoning was not a factor in setting the groundwater cleanup level. Ms. Shippen spoke with Mr. South and his careful reply to her question whether the cleanup level is determined by the proposed mixed use of the Unocal site was the two are related and that sometime during the upcoming feasibility study, the Department of Ecology would want to know possible future uses of the property apart from Edmonds Crossing. He was familiar with the urban mixed use term but did not know the details. Mr. Clifton contacted Mr. South to clarify his response and he said they do not need to know the specific use of the site; the site will be cleaned up considering site uses allowed by current and potential future zoning. The lower yard is zoned NB2. Recognizing that Edmonds Crossing would be significantly delayed, Councilmember Petso asked whether it would be appropriate for the Council to consider alternate, intermediate uses of the property or did the City have to wait 20-30 years while the ferry system has the property in a temporary freeze. Mr. Clifton responded it would be worthwhile to inquire of Washington State Department of Transportation (WSDOT) regarding the long range picture beyond 2030. The current 2030 Long Range Plan does not reference Edmonds Crossing but neither has WSDOT withdrawn the Edmonds Crossing project. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ITEM D. MOTION CARRIED UNANIMOUSLY. (Councilmember Bernheim was not present for the vote.) 3. AUDIENCE COMMENTS Mayor Cooper reminded the public that RCW 42.17.130 which addresses the opportunity for public comment, states public comment shall not include comments which promote or oppose candidates for public office or ballot measures except during the course of a public hearing. He clarified that was not intended to hamper free speech but a reminder that comments shall not promote or oppose candidates. Dale Hoggins, Edmonds, Cemetery Board Member, and member of the Sno-Isle Genealogical Society, Alderwood Manor Heritage Association, invited the public to observe Veterans Day at the Edmonds Memorial Cemetery and Columbarium on Friday, November 11, 2011 at 11:00 a.m. for a walk along, a guided tour of veterans’ gravesites or memorials. Betty Deebach Gaeng, Sno-Isle Genealogical Society, Alderwood Manor Heritage Association, is a superior geological researcher and the author of “Sketched in Stone,” published by the Sno-Isle Genealogical Society, that contains biographical and military sketches of the men whose names are etched on the memorial monument in front of the Edmonds Packet Page 5 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 3 Museum. Over 400 veterans whose military service dates to the Civil War are buried or memorialized in the Edmonds Cemetery. Each year on Veterans Day and Memorial Day, each veteran’s site is marked with an American flag. He reflected on those who have served the country in the past and are currently serving. He clarified this tour is different than the Memorial Day Walk Back in Time; this is a 1½ hour tour of 15-20 veteran’s sites. He invited the public to share a story of a family/friend veteran. He provided his phone number for further information: 425-776-1543. (Councilmember Bernheim arrived at 7:11 p.m.) Al Rutledge, Edmonds, representing the Edmonds Kiwanis Club, invited the public to a fundraiser exhibition basketball game and show on Monday, November 7 at 7:00 p.m. at Shoreline Community College. Further information and tickets are available by contacting Scott Phariss at 206-931-9027 or Dick Cassutt at 425-967-5345. Next, Mr. Rutledge reported on the Friends of the Edmonds Library book sale. He commented residents annexed into the Sno-Isle Library in 1999-2000 timeframe, saving the City $1.3 million/year at the time which has since increased to $2.3 million/year. Roger Hertrich, Edmonds, referred to his comments at last week’s Council meeting regarding the $16,000 contributed from a source outside Edmonds for direct mailing related to a campaign. He reported the Public Disclosure Commission now reports a total of $26,720 from the National Association of Realtors in Chicago for direct mailing. He commented the direct mailings and the candidates’ mailings both show the candidate in a blue shirt. He questioned why realtors were so interested in Edmonds, commenting over 20 companies associated with the realty business have each contributed $500 to this candidate. He anticipated their interest was due to potential financial benefits and that they did not care about local residents. 4. CITIES OF SNOHOMISH COUNTY LEGISLATIVE AGENDA - 2011/2012. Councilmember Petso recused herself from this item out of an abundance of caution that special purpose districts may be lobbying the opposite side of one of these issues. Councilmember Petso left the dais and the room. Community Services/Economic Development Director Stephen Clifton explained the Cities of Snohomish County is seeking Edmonds’ support for the proposed legislative agenda. Councilmembers were also provided a draft of the Edmonds’ Legislative Agenda prepared by the City’s government relations contractor, Mike Doubleday. John Caulfield, Mountlake Terrace, explained cities continue to work in partnership to promote a countywide legislative agenda that represents the interests of all cities in Snohomish County. This is similar to last year’s approach and many of the items on the proposed legislative agenda are similar to last year’s agenda. Everett and Mill Creek have joined in signing the agenda; Stanwood is also reviewing the agenda. There are currently 15 cities in Snohomish County who have signed or have an interest in signing the Legislative Agenda. Laura Sonmore, Mountlake Terrace Mayor Pro Tem and President, Snohomish County Cities, has had discussions with the Snohomish County Council and Executive about supporting the agenda. The ultimate goal is to work in partnership with the governor and state legislators to place the region in a position to pursue key policy issues important to these communities as a whole. The agenda represents a collective position and unified front on key items important to the region and they align with AWC’s key priorities. The legislative agenda focuses on being part of the solution to help move the region forward by retaining jobs, continuing public investment and maintaining existing levels of municipal services that citizens expect and demand: He reviewed the Cities of Snohomish County’s proposed strategic legislative priorities: Packet Page 6 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 4 • Aerospace Industry o Support the Washington Aerospace Partnership and other stakeholder groups in developing a unified strategy (e.g., training & education, research & development, Office of Aerospace and Defense, unemployment insurance tax, worker’s compensation, transportation infrastructure) to ensure that Washington State remains the leading location in the world for aerospace. Led by The Boeing Company, the aerospace industry within Snohomish County employs as many as 45,000 people, while one 1 of every 3-6 Washington State jobs is supported either directly or indirectly by the aerospace industry. The current issue is the next generation of the 737; the goal is to keep it in Puget Sound and ultimately in Snohomish County. • Economic Development o Support “tax-increment financing (TIF)”, which is a tool used by most other states to foster economic and community development to allow cities to proactively implement their Comprehensive Plans and to ensure local, regional and national competitiveness. Washington is one of two states in the country that do not have TIF which is a competitive disadvantage in the region and nationally. o Support additional financial resources for Local Revitalization Financing (LRF) program and Local Infrastructure Finance Tool (LIFT) to allow those cities who currently qualify to participate. • Local Transportation and Capital Facilities o Support legislation such as a transportation revenue package that ensures local distribution and local funding options to provide cities sustainable and adequate funding for vital infrastructure investments that is capable of promoting economic growth and prosperity to the cities of Snohomish County. o Fully fund Public Works Trust Fund (PWTF) and Transportation Improvement Board (TIB) programs to provide cities funding for infrastructure and economic development purposes; no additional diversion or „sweeping of capital accounts such as the Public Works Trust Fund. o Support investment in key transportation corridors such as U.S. 2, SR-9, and I-5, which are critical to the quality of life and the movement of people and goods throughout Snohomish County. • Growth Management Act with a Focus on Regulatory Reform o Reform of annexation statutes and those dealing with the role of cities, counties and special purpose districts in urban areas to include: require joint planning in unincorporated urban growth areas; removing referendum from annexation process; limiting the authority of boundary review boards; and legislation that allows counties the ability to levy a utility tax, if it is restricted to unincorporated areas and there are accommodations for the needs of cities, in those areas, such as annexation financing assistance. • Unfunded Mandates and Preemption of Local Authority o Strongly oppose any legislation that imposes an “unfunded mandate” without additional funding to support these programs, attempts to erode local revenue or tax authority such as local state-shared revenues that are critical to the financial health of cities, and pre-empts local authority over any policy or operational matter traditionally and historically vested with local government. Mr. Caulfield concluded cities face strong short and long term challenges. By working together, speaking with one voice, and focusing on strategic issues, cities in Snohomish County can promote items specific to these communities. The proposed agenda has the support of a wide range of City Councils in Snohomish County. He urged the Edmonds City Council to express their support for the proposed agenda. Councilmember Buckshnis referred to a presentation at Snohomish County Tomorrow by Snohomish County Executive Aaron Reardon inviting cities to donate $5,000 to help promote the aerospace industry. Mr. Caulfield answered that is the Washington Aerospace Partnership; Mr. Reardon is one of the co- Packet Page 7 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 5 chairs of that group. Mountlake Terrace and several other cities have each appropriated $5,000 to support that effort. The purpose is to develop a position paper on why the 737X needs to be constructed and built in the Puget Sound Region. He encouraged Edmonds City Council to appropriate funds for that effort. For Councilmember Buckshnis, Mr. Caulfield explained the aerospace industry in Washington State employs 34,000 people. In Snohomish County, 74,000 jobs are directly or indirectly supported by the aerospace industry. The average aerospace wage in Snohomish County is $83,000/year, approximately $30,000 above the average median wage. Student Representative Springer inquired about the Cities of Snohomish County’s position on the legislature’s consideration of a cell phone tax law during the upcoming session. Mr. Caulfield answered Cities ardently opposes that. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO SUPPORT THE PROPOSED CITIES OF SNOHOMISH COUNTY LEGISLATIVE AGENDA - 2011/2012. MOTION CARRIED UNANIMOUSLY. (Councilmember Petso was not present and did not participate in the vote.) Mayor Cooper reported he signed onto a letter to the governor, hopefully along with all 200+ mayors in the State, asking that she not take action on some of the budget cuts that will be proposed to the legislature during the upcoming session. If the legislature adopts the governor’s budget cuts, it could cost the city of Edmonds upwards of $1 million/year in reduced revenue from the liquor revenues/liquor taxes and criminal justice money by July 2012. Mr. Clifton and he are preparing a letter to the legislative delegation and the governor with specifics on how the proposed cuts would affect Edmonds. Mr. Clifton advised the City’s government relations contractor, Mike Doubleday, is also present tonight. The Cities of Snohomish County 2011-2012 legislative agenda will be incorporated into Edmonds’ draft 2012 legislative agenda. 5. ANNUAL REPORT FROM THE PUBLIC DEFENDER This item was removed from the agenda under Item 1. 6. PUBLIC HEARING ON REVENUE SOURCES AND 2012 PROPERTY TAX LEVY RATE (Councilmember Petso returned to the dais.) Finance Director Shawn Hunstock explained the ordinance levies a draft dollar amount. The final assessed value as determined by the Snohomish County Assessor’s Office has not yet been provided. The ordinance levies the 1% increase over the prior year. Based on the available information, the 1% increase will generate approximately $95,000 in additional revenue. The ordinance levies the EMS portion of the property tax at $0.50/$1000 of assessed values which will generate approximately $2.9 million in 2012. The ordinance also levies the voted bond levy for the 2003 bonds that generates $895,640 for debt service repayment on those bonds. The Council packet also contains information regarding General Fund revenue sources. Councilmember Buckshnis complimented Mr. Hunstock for the agenda packet that provides understandable information. Last year the Council received very limited information. Mayor Cooper opened the public participation portion of the public hearing. Packet Page 8 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 6 There were no members of the public present who wished to provide testimony and Mayor Cooper closed the public participation portion of the public hearing. City Clerk Sandy Chase advised the ordinance is not ready for adoption as the final numbers have not yet been provided by the County Assessor. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR COUNCIL ADOPTION. MOTION CARRIED UNANIMOUSLY. 7. PUBLIC HEARING ON THE 2012 PROPOSED BUDGET. Finance Director Shawn Hunstock explained the charts he will provide are essentially the same as are contained in the preliminary budget with some formatting changes. He provided a chart of 2012 budget expenditures by fund and individual departments. He displayed a new chart developed using information in the preliminary budget illustrating differences between budgeted revenues and expenditures. He highlighted decreases in fund balances as previously reviewed by Jim Tarte, Financial Consultant. He referred to the Fund 412 Combined Utility Construction Fund, advising there still needs to be fine tuning to increase the appropriation for bond revenue; it had been assumed those bonds would be issued in 2011 and it was not included in the 2012 budget. It now appears that will occur in early 2012; the 2012 budget will be updated prior to its presentation for final consideration. Mr. Hunstock displayed page 2 of the preliminary 2012 budget, Total Budget Revenues, Expenditures and Fund Balance, highlighting the $4 million decrease between the beginning and ending fund balance, reiterating there will need to be an adjustment in the bond proceeds for the Combined Utility. Mr. Hunstock displayed page 3 of the preliminary 2012 budget, Total General Fund Budget Revenues, Expenditures and Fund Balance. He explained the current yearend estimate for the General Fund in 2011 is a $670,000 surplus and a $43,000 surplus in 2012. Mr. Hunstock displayed page 4 of the budget, 2012 General Fund Summary by department, reiterating the $43,000 General Fund surplus budgeted in 2012. He recognized there would be additional Council discussion related to revenues and expenditures prior to adoption of the 2012 budget. Mr. Hunstock displayed page 6 of the budget, General Fund Forecast, explaining declines continue to increase in revenues versus expenditures particularly in the out years. There is a budgeted $43,000 surplus at the end of 2012 but expenditures exceed revenues by increasing amounts in the years beyond 2012. Revenues increase at a fairly flat rate, 0.8 – 1.4%; expenses increase by a significantly larger amount. Based on the General Fund Forecast, the City will quickly reach a point where revenues are less than budgeted expenditures unless significant changes are made to either revenues or expenditures. Mr. Hunstock explained a balanced budget for the General Fund has been presented for 2012 by approximately $43,000. One of the reasons it is balanced is the significant number of larger expenditures not budgeted in the General Fund: • $300,000 – Vehicle Replace Fund • $256,000 – Street Fund • $ 19,000 – LEOFF Medical Expense Fund • $ 25,000 – Fire Pension Fund • $188,000 – Building Maintenance Fund • $788,000 – Total Packet Page 9 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 7 Mayor Cooper referred to the cuts the governor plans to propose to the legislature and asked Mr. Hunstock to describe the potential loss of liquor tax/liquor profits if the legislature makes those cuts. Mr. Hunstock advised the loss in liquor tax and liquor profit sharing would be approximately $540,000; the loss in criminal justice could be as much as an additional $450,000-$500,000. He advised those amounts are not included in the 2012 budget. Councilmember Buckshnis expressed her thanks for changes that were made to Exhibits 3, 4 and 6. She asked if the exhibits included bond refinancing and how much that would save the City. Mr. Hunstock answered that was not included. Refinancing of bonds and the potential savings will be presented to the Council in approximately two weeks. If that information can be developed soon enough, it will be incorporated into the 2012 budget. Councilmember Buckshnis explained reserves and surpluses have been removed from Exhibits 3, 4 and 6, using strictly General Fund revenue versus expenses. Mr. Hunstock anticipated there will be discussion by the Council early next year regarding the appropriate presentation of those numbers, whether it is fund balance, working capital, cash, or a combination. Councilmember Bernheim complimented the agenda packet, noting last year’s packet in addition to the resolution, contained a one page, three paragraph memorandum. He summarized there was no information provided supporting the numbers in last year’s packet regarding the public hearing on the 2011 budget. Mayor Cooper opened the public participation portion of the public hearing. Ron Wambolt, Edmonds, referred to comments by Mr. Tarte at last week’s meeting regarding the departments’ budgets being a best case scenario. It was Mr. Tarte’s expectation that all departments would not experience a best case scenario and pointed out the addition of a contingency for under- budgeted items. He agreed with Mr. Tarte’s suggestion that the Council could take action to require the miscellaneous contingency fund only be used for under-budgeted items. Mr. Wambolt referred to Councilmember Buckshnis’ comment that budget amendments are used to address under-budgeted expenditures and Mr. Tarte’s response that removing the miscellaneous contingency would increase the ending balance, giving the impression there are excess funds that can be spent. Mr. Wambolt relayed in his experience with budgets, there was always a contingency budgeted. He pointed out budget amendments only authorize expenditures; they do not come up with the money. Historically the funds needed for a budget amendment come from the General Fund balance. He concluded the miscellaneous contingency was a very sound proposal. Dave Page, Edmonds, asked why the percentage of benefits to salaries varied. He referred to the $788,000 amount, observing those were expenditures that were not budgeted and asked where the money for those expenditures came from. He complimented the preparation of the 2012 budget, pointing out the City is in a budget crisis and “running on short rations.” The 2012 budget maintains the City for one year but it is not sustainable. Roger Hertrich, Edmonds, commented if funding for the list of unbudgeted items was included in the budget, the budget would not be balanced. To demonstrate the need for money, the City needs to have an emergency. If citizens see there is not enough money to operate the City, they are more likely to agree with a levy. He requested the City Council discuss and prioritize the list of unfunded items and use reserve funds to pay for all or part of those items to lessen the severity next year. Hearing no further comment, Mayor Cooper closed the public participation portion of the public hearing. In response to Mr. Page’s question regarding benefits as a percentage of salaries, Mr. Tarte explained benefits vary by employee. He provided several examples: temporary/seasonal Parks & Recreation employees do not receive benefits which results in a lower percentage of benefits to salaries in Parks & Packet Page 10 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 8 Recreation; a lower paid employee who insures a family compared to a higher paid employee; and employees with a number of dependents versus employees with no dependents. In response to Mr. Page’s question regarding funding for the items that are not budgeted, Mr. Tarte explained those items are paid for by their beginning fund balance; that is not a sustainable practice as there will only be enough money in the beginning balance for a limited period of time. In response to Mr. Page’s question regarding the 2012 budget not being sustainable, Mr. Tarte referred to the additional $95,000 in revenue generated by the 1% increase in property taxes. He explained as a percentage of the $33 million in General Fund revenues, that increase is .003%. That is the most important concept that the Council, Mayor, staff and citizens need to understand; revenues do not increase 1%, in reality revenues increase .003%. That is the unsustainable model referred to by Mr. Page. Councilmember Wilson commented the list of unbudgeted items is a very near term list. If the number of cuts made over the 3-4 years were included the list would be much more extensive and includes elimination of funding for the Development Services Director, two police officers, the DARE program, School Resource Officer, Crime Prevention, and Parks, etc. The General Fund today is smaller than it was four years ago when he was elected to the Council. The City is doing more with less but that is not sustainable. Mayor Cooper advised discussion regarding the 2012 budget is scheduled for the November 15 meeting and adoption of the 2012 budget is scheduled on November 22; that schedule can be revised if necessary. He suggested Councilmembers present budget amendments on November 15. He also suggested Councilmembers present budget amendment ideas to Mr. Hunstock to allow staff to answer any questions and consider the impact. Councilmember Bernheim expressed satisfaction with the procedure as well as the content of the 2012 budget. He inquired about the schedule for presenting amendments. Following a discussion regarding the procedure, it was agreed Councilmembers would present proposed amendments for inclusion in the November 15 packet by noon on Thursday, November 10. Mayor Cooper clarified that did not prevent Councilmembers from making additional amendments. Mayor Cooper advised he will work with Mr. Hunstock on an interactive spreadsheet to demonstrate the impact of proposed amendments on the budget. 8. PUBLIC HEARING ON THE RECOMMENDATION OF THE PLANNING BOARD CONCERNING A POTENTIAL AMENDMENT TO THE CITY OF EDMONDS COMPREHENSIVE PLAN MAP THAT WOULD ADJUST THE BOUNDARIES OF THE MEDICAL/HIGHWAY 99 ACTIVITY CENTER TO REMOVE EXISTING SINGLE FAMILY- DESIGNATED AREAS FROM THE ACTIVITY CENTER. THE BOARD RECOMMENDED AMENDMENTS TO THE POLICY LANGUAGE RATHER THAN CHANGING THE BOUNDARIES. Planning Manager Rob Chave explained the Council asked the Planning Board to review the boundaries of the Medical/Highway 99 Activity Center and whether the single family areas should be included in that activity center. During their review, the Planning Board considered the purpose of activity centers. The City’s Comprehensive Plan has two activity centers, the Medical/Highway 99 Activity Center and the Waterfront Activity Center. Goals for activity centers include: A. Provide a pedestrian-oriented streetscape environment for residential and commercial activity. B. Encourage mixed-use development patterns that provide a variety of commercial and residential opportunities, including both multi-family and small-lot single family development. Packet Page 11 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 9 C. Build on historical character and natural relationships, such as historic buildings, slopes with views, and the waterfront. D. Encourage transit service and access. E. Strategically plan for development and redevelopment that achieves a balanced and coordinated approach to economic development, housing, and cultural goals. Mr. Chave pointed out B is a key concept; activity centers are intended to be a mix of uses, not just the commonly thought of mixed use which is a combination of multi-family and commercial, but also small lot single family. Activity centers are intended to encourage pedestrian activity and provide sufficient density and activity to support transit. In Edmonds single family is a very integrated part of downtown and even in the Medical/Highway 99 area. The language in the Comprehensive Plan makes the specific point that single family works as part of activity centers and can be part of a transit-friendly, transit- oriented development pattern. There is nothing in the Comprehensive Plan that states single family areas in an activity center should change to something else. Mr. Chave displayed a 2000 Comprehensive Plan map illustrating the Medical/Highway 99 and Downtown/Waterfront Activity Centers. He displayed a current land use map of the Medical/Highway 99 Activity Center, identifying single family areas within the boundaries of the activity center. He noted one single family area is located in the center of the Medical/Highway 99 Activity Center; others are located on the periphery. Approximately two years ago the single family area in the center was changed from a multi-family designation to single family with the recognition that single family made sense as part of the Medical/Highway 99 Activity Center. Mr. Chave displayed a current land use map of the Downtown/Waterfront Activity Center, pointing out large single family areas that are part of that activity center. Downtown Edmonds is very walkable, single family neighborhoods form part of the land use pattern that supports transit. He summarized that is why activity centers included single family. During its review, the Planning Board decided to make the language stronger, specifically for the Medical/Highway 99 Activity Center, rather than change the boundary. He reviewed the Planning Board’s recommended change to the language in one of the goals for the Medical/Highway 99 Activity Center: 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. Councilmember Petso inquired about the red slash marks in the land use maps. Mr. Chave answered that is a general mixed use designation, most of it is zoned multi-family. Councilmember Petso referred to the two cul-de-sacs south of the high school playfield, observing they are developed single family but are currently zoned multi-family. Mr. Chave agreed. Councilmember Plunkett referred to residents of the neighborhood on 215th that approached the Council in the past. Mr. Chave explained the Council changed the designation of that neighborhood to single family a couple years ago. Councilmember Plunkett recalled the residents of that neighborhood clearly stated their preference for remaining residential. He asked if removing that neighborhood from the Medical/Highway 99 Activity Center would require review by the Planning Board and another public hearing. Mr. Chave answered it would. Councilmember Bernheim recalled the two lots at the end of 215th/216th retained their mixed use zoning. Mr. Chave responded they were changed to single family and later changed back to mixed use. Packet Page 12 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 10 Councilmember Buckshnis referred to the language that states, “includes an appropriate mix of single family and multiple dwelling units, offices, retail, and business uses, along with public facilities,” and asked how an appropriate use was determined, fearing that would be very subjective. Mr. Chave answered a good example is 215th; the Planning Board and ultimately the City Council considers applicable policies on a case-by-case basis, obtains public testimony, etc., and then makes a judgment call. That is not subjective but weighing different factors and ultimately deciding what the pattern is. Councilmember Buckshnis referred to the neighborhood on 215th that requested a change. Mr. Chave agreed that neighborhood made a very strong case regarding existing development, the history of development on the block, reasons for retaining that character, etc. which the Council considered in making their decision. They also made the case that they should not be outside the activity center but that they fit within it. Councilmember Plunkett referred to the language that states, “…activity center that allows for both neighborhood conservation and targeted redevelopment…” and asked what was meant by redevelopment. Mr. Chave answered redevelopment does not necessarily mean changing Comprehensive Plan designations or zoning. It means the existing uses have “seen their day” or there is some higher better use under the existing zoning or Comprehensive Plan designation that is more appropriate. People often think redevelopment means increasing density, changing the zoning, etc.; that is not usually the case. More frequently it is changing the use of a single family house in an area zoned multi-family. Councilmember Plunkett asked if an office building would be allowed next to a house on 215th. Mr. Chave explained only uses allowed by the existing zoning or Comprehensive Plan designation would be permitted. In the block on 215th, the Comprehensive Plan designation and zoning is single family. In that block, only single family development is allowed. Redevelopment in that case may be expanding an existing house or demolishing and rebuilding a new single family house. Redevelopment in that area would not be multi-family or commercial use because it is not allowed by the zoning or Comprehensive Plan designation. Mayor Cooper opened the public participation portion of the public hearing. Laurie Piper, Edmonds, read a letter from Colleen McDonald, Edmonds, regarding the proposed changes to the Medical/Highway 99 Activity Center. She disagreed with the Planning Board’s recommendation to retain the current boundaries. She realized zoning would afford the neighborhood some protection, but questioned the reason for including single family neighborhoods in the Medical/Highway 99 Activity Center in the first place unless the reason is to target these areas for development in the future. She understood the Planning Board’s desire to promote mixed use development and was not opposed to it in concept but not at the expense of some of the last affordable single family neighborhoods in Edmonds. She was opposed to pushing inappropriate development into an existing single family neighborhood to serve the concept of mixed use. Redrawing the boundaries to exclude the large swath of single family neighborhoods currently included in the Medical/Highway 99 Activity Center makes more sense. She urged Council to adopt the change to the Comprehensive Plan that places more emphasis on single family and targeted development. She also urged Council to push for focused development where appropriate, not in the middle a single family residential neighborhood. She recommended Council remand the boundary issue back to the Planning Board for further input as there was no public input at their September 20 public hearing. Bruce Witenberg, Edmonds, a resident in the Aurora Marketplace neighborhood, commented their neighborhood is not in the Medical/Highway 99 Activity Center but has similar issues. The proposed changes to the policy in the Comprehensive Plan do not go far enough to protect single family residential zones in the Medical/Highway 99 Activity Center. Many of the single family neighborhoods in or boardering the Medical/Highway 99 Activity Center are long standing and deserve to be protected. He did Packet Page 13 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 11 not support development in the Medical/Highway 99 Activity Center or along Highway 99 that does not give a high priority to the protection of single family neighborhoods. He supported protection for those neighborhoods beyond a change in Comprehensive Plan policy. Existing single family neighborhoods should be protected by excluding them such as was done for the residences on 215th. Appropriate development in the Medical/Highway 99 Activity Center should be permitted but not without protections from adverse impacts of development on single family neighborhoods. Jim Underhill, Edmonds, a resident on 215th, agreed with the previous comments and thanked the Council for the action they took two years ago to rezone the neighborhood. Since the Council approved the rezone, five residents have repainted their homes, six have done landscaping, a few have remodeled the interior. Those people indicated they were comfortable making the improvements because their neighborhood was now protected. There is development opportunity on Highway 99. He supported changing the boundaries of the Medical/Highway 99 Activity Center. Roger Hertrich, Edmonds, agreed with Mr. Underhill, Edmonds needs to recognize the importance of neighborhoods. He recommended Mr. Chave’s statement, single family really fits in, be included in the Comprehensive Plan. He supported retaining the single family zoning within the Medical/Highway 99 Activity Center. Al Rutledge, Edmonds, pointed out Swedish Hospital is the City’s largest employer and is hiring an increasing number of out-of-state employees. He supported the single family zoning. Hearing no further comment, Mayor Cooper closed the public participation portion of the public hearing. Councilmember Fraley-Monillas inquired why the single family neighborhoods north of the high school were included in the Medical/Highway 99 Activity Center. Mr. Chave answered the general area contains a wide variety of uses; the common denominator is that it is transit-friendly because of the overall mix of uses and their close proximity. North of 212th the zoning is generally commercial or multi-family. Councilmember Fraley-Monillas inquired about the neighborhood south of Edmonds-Woodway High School and behind the high school on 80th. Mr. Chave answered those areas have been zoned multi-family for decades; the actual development is a mixture of multi-family and single family. Councilmember Fraley-Monillas asked why it was proposed to be changed to Medical/Highway 99 Activity Center. Mr. Chave emphasized Medical/Highway 99 Activity Center was not a zone; it is a loose way of organizing the area to say within that area the mixture is conducive to transit and walkability and it is the mix of uses including single family that makes it an activity center. The intent in 1995-2000 was to communicate to PSRC that Edmonds fits within the scheme of centers; in Edmonds single family development forms part of that activity center which includes a variety of uses all supportive of walkability and transit. The intent was not to make transit-friendly equate to multi-family or higher density; the intent was that small lot single family is part of a transit-oriented development pattern. The Comprehensive Plan policies speak to retaining single family and that single family is part of mixed use, transit-friendly, walkable activity center. Councilmember Fraley-Monillas asked why one area in the south end of the Medical/Highway 99 Activity Center was zoned multi-family and another was zoned single family. Mr. Chave answered they are both in the Medical/Highway 99 Activity Center. He reiterated single family development fits within the Medical/Highway 99 Activity Center. It has been approximately 15 years since the Comprehensive Plan was adopted with the activity center concept; none of the area has been changed from single family and in fact the only significant change was changing the zoning on 215th to single family. The neighborhood on 215th is designated in the Comprehensive Plan and zoned single family. Packet Page 14 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 12 Councilmember Bernheim observed the concern appears to be that by being included in the Medical/Highway 99 Activity Center, single family areas are more likely to be developed. The Comprehensive Plan and Mr. Chave’s comments indicate the Medical/Highway 99 Activity Center is not intended as a development zone but as a zone to encourage pedestrian and transit uses. Single family development plays as much of a role in the development of the area around the high school and hospital as does commercial or multi-family. Councilmember Bernheim referred to language in the Comprehensive Plan that an activity center is intended to be an intensively developed mixed use pedestrian friendly environment. Mr. Chave stated the goals regarding the Medical/Highway 99 Activity Center include language regarding pedestrian oriented but also encouraging a mix that provides a variety of commercial and residential including both multi- family and single family. Compared to other parts of Edmonds, the Medical/Highway 99 Activity Center and downtown are much more intensively developed than other areas. The intent is not uniformity of uses but a mix of uses. Mr. Chave clarified changing any of the single family areas within the Medical/Highway 99 Activity Center would require a Comprehensive Plan amendment to change the designation from single family to something else as well as a rezone. If a single family area is removed from the activity center, the same process is required. Removing an area from the Medical/Highway 99 Activity Center does not provide any more or any less protection for single family areas. He was concerned that removing single family areas from the Medical/Highway 99 Activity Center may lessen the concept that single family fits within an activity center. Councilmember Petso asked if there was time for review by the Community Services/Development Services Committee, the Planning Board and the Council and adoption this year. Mr. Chave answered that was unlikely as the Planning Board had only two meetings left this year. Councilmember Petso asked whether there was time to schedule it for next week’s Planning Board meeting. Mr. Chave answered not as a hearing. Councilmember Petso suggested asking the Planning Board to consider a boundary adjustment for the Medical/Highway 99 Activity Center. She asked whether adjusting the boundary would require a remand to the Planning Board and a public hearing. Mr. Chave answered changing the boundaries on the periphery would be within the scope of the Planning Board’s previous review. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO REFER THIS MATTER TO THE COMMUNITY SERVICES/DEVELOPMENT SERVICES COMMITTEE TO LOOK AT THE PERIPHERY BOUNDARY AREAS. Councilmember Buckshnis observed if an area is zoned single family it is protected unless there is a change in the Comprehensive Plan designation and a rezone. Mr. Chave agreed; the single family areas are zoned and designated single family. The discussion is whether to have any of the single family zones outside the boundary of the Medical/Highway 99 Activity Center. Councilmember Petso observed there had been public testimony tonight in support of adjusting the boundary of the Medical/Highway 99 Activity Center. When this came to the Council last year, it was in the context of a policy change to SEPA thresholds that the Planning Board recommended for one area along the Medical/Highway 99 Activity Center. Including diverse areas in the Medical/Highway 99 Activity Center submits those residential neighborhoods to the same treatment that may be considered appropriate for Highway 99. There may need to be different standards for a single family neighborhood versus the Highway 99 corridor and to accomplish that, removing single family neighborhood from the Medical/Highway 99 Activity Center. The intent of her motion is to give the CS/DS Committee an opportunity to consider tightening up the boundaries of activity center so that it is closer to Highway 99. Packet Page 15 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 13 Councilmember Bernheim suggested the CS/DS Committee inform the Council of the potential advantages to including single family areas in the Medical/Highway 99 Activity Center. He was unclear regarding the purpose of the Medical/Highway 99 Activity Center boundary, whether it was to develop the area or balance development and maximize advantages. Council President Peterson advised he will not support the motion. The mix within the zones is a showcase of an activity zone that includes single family. His concern with carving out single family neighborhoods was there may be an expectation of greater protection. There is no greater or lesser protection by including single family areas in the Medical/Highway 99 Activity Center. Including single family neighborhoods in activity centers sends the message that single family neighborhoods are an important part of activity centers. Councilmember Wilson expressed interest in learning whether carving these single family residences out of the Medical/Highway 99 Activity Center inhibits or undermines efforts to develop that area, particularly the commercial areas and secondarily the multi-use areas. MOTION CARRIED (6-1), COUNCIL PRESIDENT PETERSON VOTING NO. 9. RESOLUTION DECLARING AN EMERGENCY AND WAIVING PUBLIC BIDDING REQUIREMENTS; APPROVE CONTRACT WITH STRIDER CONSTRUCTION FOR UTILITY CONNECTION AT MAIN STREET AND RAILROAD AVENUE. Public Works Director Phil Williams recalled when he last updated the Council, BNSF had just approached the City about completing the project the City had attempted to do in 2010. That project began in 2010 when BNSF asked the City to relocate utilities under BNSF tracks in the Dayton and Main Street areas. BNSF can ask a jurisdiction at any time to move/relocate utilities to accommodate/facilitate their project and the jurisdiction is obliged to do it and pay for it. The City developed a project and hired Interwest Construction to make the adjustment to utilities to facilitate BNSF’s double track project through Edmonds. In attempting to make storm line and waterline crossings at Main Street and Railroad Avenue using trenchless technology, an extensive network of wooden timbers was identified under the tracks. Potholing in the area had not identified the material and BNSF was unaware it existed. That material kept the City from completing the project using a trenchless approach. The City asked BNSF for permission to complete the project via a cut and cover project which would have interrupted rail service for up to a full day; BNSF was not willing to allow that. The City discontinued work and is in the process of closing out the project this month. The City told BNSF that they will be responsible for completing that project but in reality the City will be obliged to complete the work in the future. A few weeks ago BNSF approached the City about a project to complete the crossing of the two utilities using a BNSF funding source that needed to be spent by yearend. BNSF was not willing to make the connection from the new crossings to the City’s existing system because it would require work outside BNSF’s right-of-way. Staff agreed now is the right time to make the connections. BNSF is constructing the utility crossings as well as a new, at-grade cement crossing on Main Street. He anticipated BNSF’s project is upward of $1 million in new infrastructure. Mr. Williams stated it makes little sense to leave an existing 80-year old cast iron 12-inch pipe with 120 psi water pressure (the highest pressure in the system) underneath the new crossing until a future date and run the risk of that pipe failing in the meantime. Cast iron pipe becomes brittle over time and when it fails, it fails completely, not a small leak. Future failure of that pipe could cause extensive damage to the infrastructure BNSF is installing. That is the primary reason for declaring this an emergent situation. Packet Page 16 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 14 Mr. Williams requested the Council take action to declare an emergency, waive public bidding because there is not time for that process and meet BNSF’s schedule. He recommended the Council not take the risk of leaving the 80-year old cast iron pipe in place under the tracks until a later date. The emergent condition is a brittle pipe with high pressures under the existing crossing; BNSF’s project will tear out the crossing, install a concrete crossing, and compact the soil causing a great deal of vibration. He anticipated the pipe could fail during or after the project. In this case it is less expensive for the City to hire BNSF’s contractor to do this work for the City at the same time they are doing work for BNSF. By doing so, BNSF is paying for contractor mobilization, traffic control, etc. which would cost the City in excess of $50,000 when the pipe is replaced in the future. That cost can be verified by the City’s own cost estimate as well as a check price done by a local contractor. He clarified finances were not the reason to replace the pipe now; it is to avoid a potential failure of the pipe in the next few months. Councilmember Petso asked whether RCW 39.30.020, applied to this situation. City Attorney Jeff Taraday read the statute: RCW 39.30.020 Contracts requiring competitive bidding or procurement of services — Violations by municipal officer — Penalties: In addition to any other remedies or penalties contained in any law, municipal charter, ordinance, resolution or other enactment, any municipal officer by or through whom or under whose supervision, in whole or in part, any contract is made in willful and intentional violation of any law, municipal charter, ordinance, resolution or other enactment requiring competitive bidding or procurement procedures for consulting, architectural, engineering, or other services, upon such contract shall be held liable to a civil penalty of not less than three hundred dollars and may be held liable, jointly and severally with any other such municipal officer, for all consequential damages to the municipal corporation. If, as a result of a criminal action, the violation is found to have been intentional, the municipal officer shall immediately forfeit his or her office. For purposes of this section, "municipal officer" means an "officer" or "municipal officer" as those terms are defined in RCW 23.020(2). Mr. Taraday explained the penalties referenced are imposed when any contract is made in willful and intentional violation of any law related to bidding. In this case another statute, RCW 39.04.280(1)(e) expressly authorizes municipalities to waive competitive bidding requirements in five situations; one of those situations is for Public Works in the event of an emergency. If the City Council as a body after hearing Mr. Williams’ presentation believes this is a legitimate emergency and justifies waiving the competitive bidding requirements, the Council need not worry about RCW 39.30.020 because the Council would not be violating any state law by authorizing the waiver. The proposed resolution includes a whereas clause that the City Council finds there is an emergency. The City Council could not take this action without also adopting that finding. Councilmember Buckshnis asked what happened if someone alleged it was not an emergency. Mr. Taraday answered Supreme Courts are generally extremely lenient and deferential to legislative declarations of emergency. For example when the Mariners were playing in the King Dome, a state statute would have authorized the construction of Safeco Field. The legislature made that statute not subject to referendum by declaring the Mariners leaving Seattle was an emergency because. The Supreme Court ultimately ruled it would not tread on the legislative declaration of emergency. A declaration of emergency would need to be blatantly false on its face before the court would second guess a legislative declaration of emergency. In this case there are sufficient factual bases to support the finding of an emergency. There is an old pipe with a great deal of pressure in close proximity to an area where there will be significant construction work done. RCW 39.04.280(3) defines emergency as unforeseen circumstances beyond the control of the Packet Page 17 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 15 municipality that either: (a) present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. He summarized it was likely the failure of the pipe during BNSF construction would result in material loss or damage. Mr. Williams commented it also qualified under (a) as the failure of the pipe would likely present a real, immediate threat to performance of essential functions such as water service to businesses and the ferry dock. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPTION RESOLUTION NO. 1260, AUTHORIZING THE MAYOR AND STAFF TO WAIVE COMPETITIVE BIDDING REQUIREMENTS IN ORDER TO ENTER INTO A CONTRACT WITH STRIDER CONSTRUCTION CO., INC. TO CONNECT PUBLIC UTILITIES AT MAIN STREET AND RAILROAD AVENUE DURING THE CONSTRUCTION OF BNSF’S MAIN STREET TRACK REPAIR. MOTION CARRIED (6-1), COUNCILMEMBER PETSO VOTING NO. 10. CONVENE IN EXECUTIVE SESSION TO RECEIVE AND EVALUATE A COMPLAINT OR CHARGES BROUGHT AGAINST A PUBLIC OFFICER PER RCW 42.30.110(1)(f), AND REGARDING POTENTIAL LITIGATION PER RCW 42.30.110(1)(i). At 9:17 p.m., Mayor Cooper announced that the City Council would meet in executive session to receive and evaluate a complaint or charges brought against a public officer per RCW 42.30.110(1)(f) and regarding potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 20 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. He also announced that the City Council may take action as a result of meeting in executive session. This action will occur when the City Council reconvenes in open session. Elected officials present at the executive session were: Mayor Cooper, and Councilmembers Bernheim, Plunkett, Fraley-Monillas, Buckshnis, Peterson, Petso and Wilson. Others present were City Attorney Jeff Taraday and City Clerk Sandy Chase. At 9:40 p.m. Ms. Chase announced to the public present in the Council Chambers that an additional 30 minutes would be required in executive session. At 10:16 p.m. Ms. Chase announced an additional 10 minutes would be required in executive session. Councilmember Wilson exited the executive session at 10: 21 p.m. The executive session concluded at 10:30 p.m. 11. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF EXECUTIVE SESSION DISCUSSION Mayor Cooper reconvened the regular City Council meeting at 10:31 p.m. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, THAT THE CITY COUNCIL WAIVE ANY POSSIBLE CONFLICT AND CONSENT IN AN INFORMED MANNER TO HAVE MR. TARADAY CONTINUE TO REPRESENT US IN THIS MATTER AND PROVIDE US WITH ADVICE REGARDING POTENTIAL LITIGATION IN EXECUTIVE SESSION. MOTION CARRIED (5-1-1), COUNCILMEMBER PETSO VOTING NO AND COUNCILMEMBER WILSON ABSTAINING. Convene in Executive Session Councilmember Wilson inquired whether this was the same matter that was just being discussed. Mayor Cooper responded it was regarding potential litigation. Councilmember Wilson asked whether it was the matter for which he had requested a public hearing. Mayor Cooper answered it was potential litigation related to that matter. Packet Page 18 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 16 At 10:35 p.m., Mayor Cooper announced that the City Council would meet in executive session regarding potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. He also announced that the City Council may take action as a result of meeting in executive session. This action will occur when the City Council reconvenes in open session. Elected officials present at the executive session were: Mayor Cooper, and Councilmembers Bernheim, Plunkett, Fraley- Monillas, Buckshnis, Peterson, and Petso. Others present were City Attorney Jeff Taraday and City Clerk Sandy Chase. The executive session concluded at 10:58 p.m. Reconvene in Open Session, Potential Action as a Result of Executive Session Mayor Cooper reconvened the regular City Council meeting at 11:00 p.m. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING FOR ONE HOUR. MOTION CARRIED UNANIMOUSLY. Mayor Cooper suggested the Council use caution as they proceed. The Council ran out of time in the executive session; he would have supported the City Attorney’s suggestion to use caution. He reminded the Council that RCW 42.30.110(1)(f) states an executive session can be held to receive and evaluate complaints and charges brought against a public official; however, upon the request of such officer or employee, a public hearing or meeting open to the public shall be conducted upon such complaint or charge. There has been lengthy discussion yesterday and today between the Council President, Council President Pro Tem, City Attorney and him about exactly what those words mean. He recognized the statues are very vague with regard to definitions. To reduce the City’s risk of future action against the City, it makes good common sense for the City Council to take a conservative approach to the meaning of those words and schedule a public hearing at the earliest opportunity so that the complainant can be heard in that setting and reduce the City’s risk of potential litigation. COUNCILMEMBER PETSO MOVED TO SCHEDULE A PUBLIC HEARING FOR NOVEMBER 15, 2011. MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPT RESOLUTION NO. 1261, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, CENSURING COUNCILMEMBER DJ WILSON FOR 1) ATTEMPTING TO MEDIATE A PERSONNEL DISPUTE BETWEEN THE CITY OF EDMONDS AND A CITY EMPLOYEE WITH WHOM HE HAD A PERSONAL, POLITICAL AND PROFESSIONAL RELATIONSHIP, 2) WITHOUT COUNCIL DELEGATION MEDIATING A CONTRACT OBLIGATING THE CITY OF EDMONDS TO PAY HIS PERSONAL, POLITICAL AND PROFESSIONAL COLLEAGUE KIMBERLY COLE $65,000 AND A YEAR OF HEALTH INSURANCE, AND 3) MISLEADING THE RESIDENTS OF EDMONDS BY CONCEALING HIS ROLE IN THE MATTER. Mayor Cooper allowed Councilmember Wilson to address the Council prior to other discussion on this matter. Councilmember Wilson respectfully requested he be allowed to retain his time for a later period. He observed Councilmember Bernheim just distributed the resolution; it was not on the agenda. He assumed it was the email he received Saturday but would like to have time to review it. He deferred to Councilmember Bernheim to describe the grounds for censure. He pointed out the creation of misstatements was against the law and requested Councilmember Bernheim stick to the facts. Councilmember Bernheim provided the following facts supporting his motion: • The citizens of Edmonds should trust in the truth and honesty of their City Councilmembers. Packet Page 19 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 17 • Councilmember Wilson has a personal, political and professional relationship with Kim Cole, an aide to the Mayor of the City of Edmonds. • Kimberly Cole has recently asserted that she has claims against the City of Edmonds related to her employment as an aide to the Mayor of the City of Edmonds. • A document entitled CR2A Agreement attached hereto as Exhibit A was signed by Edmonds Mayor Mike Cooper and Kimberly Cole on September 22, 2011. • Everett Herald reporter Bill Sheets wrote on October 6, 2011 that “City Councilman D.J. Wilson said he was asked by Cooper and Cole to mediate the settlement agreement to reduce the chances of the city being sued.” • Everett Herald reporter Bill Sheets quoted Councilman Wilson on October 6 as saying "Getting the opportunity to help limit the city's liability was in everyone's best interest.” • The agreement mediated by Councilman Wilson was not in the best interest of the City of Edmonds for the following reasons: 1) it obligated the City to pay his personal, political, and professional friend Kimberly Cole $65,000 and the full cost of health care benefits for a one-year period; 2) it provided that “all rights to a future legal remedy for claims against the city of Edmonds are reserved by Kimberly Cole,” and thereby obtained for the City of Edmonds no benefit; and 3) it provided that the City would “not …contest any application for unemployment benefits by Kimberly Cole.” • The City Council has never delegated Councilman Wilson to mediate any settlement agreement resolving any employment disputes with any city employees. • On October 4, 2011 the Edmonds City Council considered a resolution to repudiate the settlement mediated by Councilman Wilson between the City of Edmonds and Kimberly Cole because it had not been properly authorized by the City Council. • At this same City Council meeting Councilman Wilson publically announced – prior to voting to repudiate the agreement he had mediated – only that he had a personal, political and professional relationship with Ms. Cole but that relationship did not in any way cloud his judgment. • Prior to voting on the motion Councilman Wilson failed to inform the City Council and the public that he had mediated an agreement between Mayor Cooper and Kimberly Cole. • Councilman Wilson failed to disclose his involvement in the matter and thereby deceived and misled the people of Edmonds while intentionally concealing his role. • Councilman Wilson has not yet voluntarily recused himself from Council deliberations and decisions surrounding the dispute between the City of Edmonds and his personal, political and professional colleague, Kimberly Cole. • On October 20, 2011, fifteen former City of Edmonds officials wrote that they were “concerned about the current dysfunction apparent in both the legislative and administrative activities in our city” and that “It is important that they understand and observe the separation of power between the mayor and the council while performing their respective obligations.” • The actions of Councilman Wilson have exposed the City of Edmonds to greater financial risk than if he had not become involved. • The City Council finds that the actions and comments of Councilman DJ Wilson have brought disrepute to the City Council. • The purpose of a censure motion is to denounce misdeeds. Councilmember Petso explained the Council did not have an opportunity in executive session to get answers to all their questions and the City Attorney said he could not answer questions about a particular topic. After researching that topic after the meeting reconvened, she chose not to participate in this matter without a public hearing for Councilmember Wilson. Councilmember Wilson asked Councilmember Petso to explain why she was choosing not to participate. Councilmember Petso answered she was unsure whether she could explain because she did not know if Councilmember Wilson’s letter was confidential. Councilmember Wilson responded it was not. Packet Page 20 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 18 Councilmember Petso explained the reason she is not participating is one of the code sections Councilmember Wilson has threatened the Council with indicates there is a state law that states it is a gross misdemeanor if she participates in denying Councilmember Wilson his legal rights. Councilmember Wilson has also stated he has a legal right to a public hearing. She saw no reason for her to take that risk. Councilmember Fraley-Monillas asked Councilmember Petso whether she had anything else to disclose, advising Councilmember Petso’s daughter’s husband works for Councilmember Wilson. Councilmember Petso agreed that he did. (Councilmember Petso left the dais and the room.) Councilmember Wilson explained he received the censure resolution on Saturday. He asked for it repeatedly and was denied. He was unaware who wrote the resolution. The public has not had an opportunity to review the resolution and will not have an opportunity to comment on it. He asserted this motion is perhaps the most irresponsible act he had ever seen this irresponsible Council take during his tenure in office. He emphasized the following points: 1. He has done nothing wrong. Many of the stated facts were incorrect. He acted entirely with the approval of the City Attorney. The motion of censure does not say he broke any laws, that he violated any written code of ethics. In the aftermath of the departure of the Human Resources Director, the Mayor requested that he moderate the process as a private citizen. The first thing he asked Sharon Cates, City Attorney, was are you okay with this? She responded yes. The censure resolution is more emotional than factual. It condemns him for disclosing his role and condemns him for not disclosing his role. Every one of the four points made in the resolve of the resolution is either factually inaccurate or factually irrelevant. He was not acting on behalf of the Council, he was not a party to the agreement, and he has done nothing wrong. 2. This is entirely politically motivated. The purpose of the censure motion tonight is to make headlines that will impact next week’s election. A month ago he offered to answer any of the Council’s questions; he was told no thank you and was asked to leave the room. This past week he offered to sit with Council President Peterson to tell him everything and answer all his questions in the presence of the City Attorney; his answer was I don’t need to do that. The first thing Councilmember Wilson did when he learned about the possibility of censure was ask for a public hearing. He did not want anything kept from the public view because this is clearly an area where transparency would do everyone good. Council President Peterson declined, writing in an email, “I have been unable to find any rules or regulations requiring such a procedure.” The very law the Council has used to hide this matter from the public until now states a governing body may hold an executive session to review and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or meeting open to the public shall be conducted upon such complaint or charge. This Council held five public hearings to ban plastic bags but won’t hold one public hearing on the matter that is the strongest possible resolution against a member of the Council. 3. This distraction does nothing but hurt the citizens of Edmonds. The Council has important work to do on the budget to fully fund public safety, make sure water is clean, make sure parks are well maintained and to get people back to work, yet this is how the Council spends its time. The Council should be doing its job working for the people of Edmonds, not creating this type of distraction. This type of distraction could be expected from Washington D.C., not Edmonds; the citizens of Edmonds deserve better. Councilmember Wilson concluded he did nothing wrong and was acting at the request of the Mayor with the approval of the City Attorney. This is entirely politically motivated, meant to impact the election one week from today. The Council’s action tonight only hurts the citizens of Edmonds. If the Council cared Packet Page 21 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 19 about facts, they would wait until the investigation regarding Ms. Cole is concluded. Facts are not the Council’s purpose; the citizens deserve better. Councilmember Buckshnis expressed confusion with regard to the public hearing. If a covert meeting occurred at a Councilmember’s office with 3-4 parties involved and 1 person on the phone, what light would a public hearing bring to the situation when the public was not present at that meeting? Councilmember Wilson raised a point of order, commenting it was not Councilmember Buckshnis’ job to determine which laws to follow. Mayor Cooper clarified there was no covert meeting; there was a negotiation that took place in the presence of the City Attorney. Councilmember Buckshnis clarified it was a meeting that did not take place at City Hall. Mr. Taraday clarified he was not present, his partner Ms. Cates was present. With regard to Councilmember Buckshnis’ question regarding the merits of holding a public hearing on this matter, Mr. Taraday responded there are many reasons for holding a public hearing. The City holds public hearings regarding budget matters, land use matters, Comprehensive Plan, tax levy rates, etc. There are certain matters where the item under consideration is of such broad public application and importance that it makes sense to hold a broadly noticed public hearing to seek public input. In some cases a public hearing is required by state law. In this case state law does not require a particular notice. That is not to say the City Council could not afford Councilmember Wilson a more broadly noticed public hearing if they wished but there is no local, state or federal law that requires for example a certain amount of advance notice for a public hearing on the censure resolution. With regard to the purpose of a public hearing in this context, Mr. Taraday explained it is ultimately up to the City Council to decide that. The purpose of any public hearing is to inform the decision-makers before a decision is made. The motion before the Council is whether to adopt a censure resolution. It may be that the City Council wants to hear from citizens of Edmonds and if so a more broadly noticed public hearing should be held. There is no local, state or federal law that requires a specific process in this instance. The most important thing with regard to the censure resolution is that the subject of the censure, Councilmember Wilson, be given a full and fair opportunity to be heard. To the extent that Councilmember Wilson believes there are factual inaccuracies in the document, he should be given a full and fair opportunity to state what those are so that the City Council can then have an opportunity to consider them and determine whether to amend the censure resolution. Mr. Taraday stressed the importance of Councilmember Wilson having every opportunity to be heard. Councilmember Wilson was present at the time, he has personal knowledge of the events and to the extent there are factual inaccuracies it would behoove the City Council to try to determine what those are before a censure resolution is adopted. He did not know to what extent the citizens of Edmonds could inform the City Council’s decision on this issue. They may be able to provide general opinions regarding whether the Council should be spending its time on censure resolutions and that may be of value to the City Council. The citizens of Edmonds were not present at the meeting and did not have personal knowledge of what transpired and from that standpoint they could not be as informative to the Council as they could for example on an area-wide rezone. Councilmember Buckshnis pointed out the resolve includes a recommendation rather than a requirement. She wanted the situation open to the public so they understand how it transpired. She asked whether the Council should give Councilmember Wilson an opportunity to identify errors in the censure resolution. Mr. Taraday referred to Councilmember Wilson’s comment that he believes there are factual inaccuracies in the censure resolution. Mr. Taraday recommended the Council determine what Councilmember Wilson believes those are and determine whether they can be addressed before adopting the censure resolution. Packet Page 22 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 20 Council President Peterson commented he did not write the resolution and expressly avoided writing the resolution for a number of reasons. When the final resolution was sent to him on Thursday evening, he made sure it was also sent to the City Attorney. It was subsequently distributed to the Council by the City Attorney on Saturday. With regard to Councilmember Wilson’s offer to provide him the details, Council President Peterson indicated he declined because he felt it inappropriate for only one Councilmember to hear the details. He assured this resolution was not something the Council did lightly; it was not an easy decision to make. He supported correcting any serious factual inaccuracies tonight and if that was not possible, consider postponing the resolution. Councilmember Wilson clarified he asked for his own counsel and was denied. He hired his own attorney who found the Council would violate seven laws by passing the censure motion; four are criminal violations that each Councilmember commits upon passage of the resolution; three are gross misdemeanors. If the Council passes the censure resolution, a gross misdemeanor is punishable by up to one year in jail and a $5,000 penalty. He declined to do the Council’s homework by pointing out every factual inaccuracy. If the Council gave merit to the weight of this motion, they would find out the facts themselves before bringing the motion. The Council has not done that and when offered the facts, has denied them. Councilmember Fraley-Monillas found the resolution to be a very factual document and until Councilmember Wilson explained how it was not factual she could only find it factual. She asked Mr. Taraday to address the seven violations referred to by Councilmember Wilson. Mr. Taraday answered the letter from Councilmember Wilson’s attorney, Johanson Law Group, addressed to Council President Peterson and copied to all Councilmembers was not provided to the City Attorney and he saw it for the first time when he arrived at tonight’s meeting. He did receive an earlier letter from Mr. Johanson asserting that he had a conflict of interest which is why the Council took the previous action to address the alleged conflict of interest. He has not had enough time to review the laws cited in Mr. Johanson’s letter to offer an opinion regarding the validity of the allegations. Councilmember Fraley-Monillas advised she also received the letter when she arrived at tonight’s meeting. City Clerk Sandy Chase advised the letter was hand-delivered to City Hall this afternoon. Council President Peterson advised a copy was hand-delivered to his place of work. Councilmember Buckshnis asked if Mr. Taraday received a request for an attorney from Councilmember Wilson. Mr. Taraday recalled Councilmember Wilson raising that issue at some point and referring to the City Code section related to indemnification for public officers. His reading of that ordinance is to address a situation where the City is sued and an official or employee participating in whatever activity is the subject of the lawsuit is also named personally in the lawsuit. In that situation, assuming the person is acting in their official capacity and is performing the duties of their office in good faith, by ordinance the City has an obligation to indemnify and defend them. In this case the activity the Council is contemplating does not trigger the indemnification ordinance. Councilmember Buckshnis summarized Councilmember Wilson did not submit a formal request, he only spoke about it. Mr. Taraday did not recall a written request but he would treat an oral request the same as a written request. Councilmember Buckshnis commented some of the issues raised in executive session with regard to how Councilmember Wilson has responded when asked for details could not be discussed because they were executive session material. Mr. Taraday explained a great deal of what has been discussed in executive session is attorney-client privileged communication that is related to potential litigation. He recommended the City Council not waive the attorney-client privilege because of the potential for litigation related to various issues that have been discussed. There may be a subset of facts that are not attorney-client privileged but executive session privileged facts and those facts could be waived by a Council majority. He had not prepared a list of things the Council could and could not talk about tonight. Packet Page 23 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 21 Councilmember Buckshnis asked if Councilmember Wilson’s refusal to correct the document waived his responsibility. Mr. Taraday stated Councilmember Wilson cannot unilaterally waive the City’s attorney- client privilege. He can speak to his own personal knowledge of the facts to the extent they are not attorney-client privileged facts. If there are factual inaccuracies that are not attorney-client privileged, Councilmember Wilson can correct them without violating executive session privilege or attorney-client privilege. Councilmember Buckshnis summarized the Council cannot dispute what Councilmember Wilson says because the Council is bound by executive session privilege. Mr. Taraday agreed Councilmember Wilson had slightly more leeway than other Councilmembers because he is entitled to speak about his personal knowledge whereas the Council cannot reveal executive session material without express Council action. If there are specific things in that category, the Council could discuss a limited executive session waiver at a later date to address them. Councilmember Fraley-Monillas suggested amending the motion to give Councilmember Wilson a week to identify inaccuracies in the resolution but leave the resolution in the public domain until then. Mr. Taraday responded because the Council is discussing the proposed resolution at an open public meeting, it is a public document. To the extent Councilmember Wilson would like the opportunity to correct erroneous information, the Council could afford him that opportunity. Mayor Cooper suggested a motion to continue to a date certain to allow Councilmember Wilson an opportunity to address the factual inaccuracies. Councilmember Wilson explained the reason this conversation is occurring is because the Council has rushed into the censure resolution for political purposes. The Council does not have its facts straight. If the Council waited to collect the facts, this conversation would not be happening. When he asked for a public hearing under the law the Council cites, that request brought all elements of this complaint into the public. The Council cannot hide behind executive session privilege; if there is something Councilmember Buckshnis thinks is important, he urged her to say it because he has waived his right to have this conversation in executive session. He asked last week and again today for a public hearing. If Councilmembers are unclear about the laws they will be breaking, he suggested they take the time to research them. He refused to do the Council’s homework by identifying every factual inaccuracy in the document. COUNCIL PRESIDENT PETERSON MOVED TO CONTINUE THE MATTER TO A DATE CERTAIN. MOTION DIED FOR LACK OF A SECOND. Councilmember Fraley-Monillas recognized Councilmember Wilson believed a public hearing was appropriate. The Council has never conducted a public hearing with regard to an issue within the Council. She preferred Councilmember Wilson take a different stance rather than being combative about the censure resolution, commenting he was not using good sense. Councilmember Wilson referred to RCW 42.30.110(1)(f), the RCW the Council has used to discuss this matter behind closed doors states upon request of such officer, a public hearing or meeting open to the public shall be conducted upon such complaint or charge. He gets to request whether a public hearing or open meeting is held; he has twice requested and been denied a public hearing. If the Council feels the facts are accurate, this conversation would not be occurring and a vote would have been taken. If the Council feels they are not violating any of the four laws, they will have an opportunity to raise that issue in a different venue. Mr. Taraday explained in the statute Councilmember Wilson references, there is no doubt that once he makes that request, which he has, the Council can no longer discuss the merits of the resolution in Packet Page 24 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 22 executive session and the Council has not. It is not clear in the statute whether it is the requestor who decides whether it is a public hearing or public meeting. Second and more importantly, in many respects this can be considered a public hearing. Not all public hearings require public testimony. A public hearing can be held where the person involved has an opportunity to be heard; clearly the Council is affording Councilmember Wilson an opportunity to be heard tonight. The only question is whether the Council wants to afford the public an opportunity to speak on this issue. Councilmember Wilson’s objection is whether the hearing he is being given tonight without public notice satisfies the public hearing that he is requesting. There is no law that states a certain amount of notice is required. Councilmember Fraley-Monillas summarized this is Councilmember Wilson’s opportunity to be heard. Mr. Taraday clarified it is up to the City Council to decide what opportunity to provide Councilmember Wilson to respond to the censure resolution. There is a broad spectrum of choices, from allowing Councilmember Wilson to respond tonight, to scheduling five public hearings and everything in between. There is no statute, ordinance or case law specifying exactly the type of notice and type of hearing one is entitled to in this situation; therefore the Council has a great deal of discretion to determine what type of public hearing to provide, whether to take public testimony or only hear from Councilmember Wilson. Because Councilmember Wilson is making threats related to not having a public hearing, Mr. Taraday suggested in the interest of acting conservatively and minimizing legal risk as much as possible, providing some type of notice and a future hearing date would at least remove that threat to the extent there could be any liability associated with it. Council President Peterson reiterated the Council had not gone into this lightly. This is a very serious issue and if there were questions that could be answered via continuance, it would be wise for the Council to consider. He did not think there were factual errors in the resolution but was willing to give the benefit of the doubt. He agreed with many of the points made in the resolution but did not want to risk denigrating the importance of the resolution by including incorrect details. He suggested the Council continue the discussion to ensure everything is in order. Councilmember Bernheim commented he had heard nothing to indicate the resolution is factually inaccurate. He requested the nullified CR2A agreement referred to in the resolution be attached to the resolution. Councilmember Fraley-Monillas agreed with Councilmember Bernheim, she had not heard any specifics regarding errors in the resolution. THE VOTE ON THE MOTION CARRIED (5-1), COUNCILMEMBER WILSON VOTING NO. (Councilmember Petso was not present and did not participate in the vote.) 12. MAYOR'S COMMENTS (Councilmember Petso returned to the dais at 11:55 p.m.) Mayor Cooper was troubled the Council did not take a more conservative approach to the censure resolution. He was also troubled that someone who may have voted on the resolution took an action last week by releasing confidential executive session material to the newspaper. He was in a state of shock and disbelief after reading the Edmonds Beacon on October 26, discovering that a Councilmember or Members had openly violated RCW 42.23.070 which states no municipal officer may disclose confidential information gained by reason of the officer’s position nor may the officer otherwise use such information for his or her personal gain or benefit. RCW 42.23.050 states the municipal officer who violates the statute is subject to a $500 penalty and possible forfeiture of office. Packet Page 25 of 408 Edmonds City Council Draft Minutes November 1, 2011 Page 23 Mayor Cooper pointed out the entire Council was aware that much of this information was confidential in nature and should not be released during ongoing legal discussions, yet someone took it upon themselves to break the law and put the entire Council and City in a compromised legal position. He found this an outrageous act that damages the foundation of our ability to function as a democratic form of government. State laws are clear on this matter and he was outraged to think a member or members of the City Council placed themselves above the law while claiming they believe in open government. The City Council is not a subcommittee of a social club; laws are written to allow government to function with executive session provisions being an open part of the open public meetings law. This behavior is destructive to the City, destroys public confidence in the City Council and must stop. The person or persons responsible for this act owe every member of the community an apology. (Councilmember Wilson left the meeting at 11:56 p.m.) Mayor Cooper hoped the person or persons responsible would step forward and take responsibility for their actions. In the meantime he will ask the City Attorney and Prosecuting Attorney to review this matter for potential further action. 13. COUNCIL COMMENTS Councilmember Buckshnis commented she also read the Edmonds Beacon article and felt the information could have been leaked from the opposing side such as by Ms. Cole or her attorney. She was shocked to read the information but was unsure whether a Councilmember had revealed the information. Mayor Cooper responded the quotes in Mr. Ratliff’s article in the Edmonds Beacon were direct quotes from a timeline memo that the Council President distributed to the City Council and no one else three weeks ago. Council President Peterson reiterated the quotes in Mr. Ratliff’s article were direct quotes from an executive session document that was not to be released to the public. He asked the Councilmember who released the information to come forward, commenting breaking trust makes it difficult to have executive sessions. He reiterated the censure resolution was not an easy decision by him or any member of the Council. 14. ADJOURN With no further business, the Council meeting was adjourned at 11:59 p.m. Packet Page 26 of 408 AM-4363   Item #: 2. C. City Council Meeting Date: 11/15/2011 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Approval of City Council Meeting Minutes of November 7, 2011. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Attachments 11-07-11 Draft City Council Minutes Form Review Inbox Reviewed By Date Community Services/Economic Dev.Stephen Clifton 11/09/2011 10:48 AM Final Approval Sandy Chase 11/09/2011 11:02 AM Form Started By: Sandy Chase Started On: 11/08/2011 05:05 PM Final Approval Date: 11/09/2011  Packet Page 27 of 408 Edmonds City Council Draft Minutes November 7, 2011 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES November 7, 2011 The Edmonds City Council meeting was called to order at 5:15 p.m. by Mayor Cooper in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Mike Cooper, Mayor Strom Peterson, Council President Steve Bernheim, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Michael Plunkett, Councilmember ELECTED OFFICIALS ABSENT: DJ Wilson, Councilmember Lora Petso, Councilmember STAFF PRESENT Jeff Taraday, City Attorney Mark Bucklin, Attorney, Keating, Bucklin, McCormack Sandy Chase, City Clerk 1. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW 42.30.110(1)(i). Mayor Cooper announced that the City Council would convene in executive session regarding potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. He noted that executive sessions are closed to the public. Mayor Cooper further announced that the City Council may take action as a result of meeting in executive session. This action would occur when the City Council reconvenes in open session. Elected officials present at the executive session were: Mayor Cooper, Councilmembers Plunkett, Bernheim, Fraley- Monillas, Buckshnis, and Peterson. Others present were City Attorney Jeff Taraday, Attorney Mark Bucklin, and City Clerk Sandy Chase. The executive session concluded at 5:40 p.m. 2. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF EXECUTIVE SESSION DISCUSSION. At 5:43 p.m., Mayor Cooper reconvened the open session of the City Council meeting. He asked Council if any action was required as a result of executive session discussion. The City Council did not take action. Mayor Cooper next stated the City Council will conduct a brief reception in recognition of Jim Tarte, Financial Consultant, in the Council Chambers, followed, at 6:00 p.m., with the Council meeting in committees. ADJOURNED at 5:45 p.m. to the reception and Committee Meetings. Packet Page 28 of 408 AM-4366   Item #: 2. D. City Council Meeting Date: 11/15/2011 Time:Consent   Submitted For:Shawn Hunstock Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Approval of claim checks #128678 through #128801 dated November 3, 2011 for $278,271.03. Approval of claim checks #128802 through #128932 dated November 10, 2011 for $682,552.70. Approval of the reissuance of payroll check #50907 for the period October 1, 2011 through October 15, 2011 in the amount of $943.66 and payroll direct deposit and checks #50908 through #50933 for the period October 16, 2011 through October 31, 2011 for $629,969.89. Recommendation from Mayor and Staff Approval of claim checks and payroll direct deposit & checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2011 Revenue: Expenditure:1,591,737.28 Fiscal Impact: Claims $960,823.73 Payroll $630,913.55 Attachments Claim Checks 11-3-11 Claim Checks 11-10-11 Form Review Inbox Reviewed By Date Finance Shawn Hunstock 11/09/2011 03:38 PM City Clerk Sandy Chase 11/09/2011 03:39 PM Community Services/Economic Dev.Stephen Clifton 11/10/2011 10:11 AM Final Approval Sandy Chase 11/10/2011 10:21 AM Packet Page 29 of 408 Form Started By: Nori Jacobson Started On: 11/09/2011 10:20 AM Final Approval Date: 11/10/2011  Packet Page 30 of 408 11/03/2011 Voucher List City of Edmonds 1 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128678 11/3/2011 072627 911 ETC INC 17921 MONTHLY 911 DATABASE MAINT Monthly 911 database maint 001.000.310.518.880.480.00 101.50 Total :101.50 128679 11/3/2011 065052 AARD PEST CONTROL 300042 1-13992 PEST CONTROL 411.000.656.538.800.410.23 69.00 9.5% Sales Tax 411.000.656.538.800.410.23 6.56 Total :75.56 128680 11/3/2011 071177 ADVANTAGE BUILDING SERVICES 11-600 JANITORIAL SERVICE JANITORIAL SERVICE 411.000.656.538.800.410.23 334.00 FLOORING MAINTENANCE11-601 FLOORING MAINTENANCE 411.000.656.538.800.410.23 273.33 Total :607.33 128681 11/3/2011 069157 AIONA, CYNDI AIONA14519 ADULT HULA CLASSES ADULT HULA #14519 001.000.640.574.200.410.00 392.00 HULA CLASSESAIONA14520 ADULT HULA #14520 001.000.640.574.200.410.00 210.00 HULA KIDS #14525 001.000.640.574.200.410.00 274.40 Total :876.40 128682 11/3/2011 000710 ALASKAN COPPER & BRASS 827813-1 Water - Copper pipe Water - Copper pipe 411.000.654.534.800.310.00 623.00 9.5% Sales Tax 411.000.654.534.800.310.00 59.19 1Page: Packet Page 31 of 408 11/03/2011 Voucher List City of Edmonds 2 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :682.19128682 11/3/2011 000710 000710 ALASKAN COPPER & BRASS 128683 11/3/2011 001030 ALLIED SYSTEMS PRODUCTS INC 112027 ALPHA LABEL ALPHA LABEL 001.000.230.512.500.310.00 63.08 Total :63.08 128684 11/3/2011 069829 AMIDO, BENJAMIM AMIDO14615 UKULELE CLASSES UKULELE #14615 001.000.640.574.200.410.00 604.80 Total :604.80 128685 11/3/2011 069751 ARAMARK 655-5835884 FAC MAINT UNIFORM SVC Fac Maint Uniform Svc 001.000.651.519.920.240.00 30.07 9.5% Sales Tax 001.000.651.519.920.240.00 2.86 PW MATS655-5840489 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 2Page: Packet Page 32 of 408 11/03/2011 Voucher List City of Edmonds 3 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128685 11/3/2011 (Continued)069751 ARAMARK 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5840490 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FLEET UNIFORM SVC655-5840491 Fleet Uniform Svc 511.000.657.548.680.240.00 10.00 9.5% Sales Tax 511.000.657.548.680.240.00 0.95 Total :76.95 128686 11/3/2011 069751 ARAMARK 655-5835883 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 28.81 9.5% Sales Tax 001.000.640.576.800.240.00 2.74 Total :31.55 128687 11/3/2011 069751 ARAMARK 655-5835890 21580001 UNIFORM SERVICE 411.000.656.538.800.240.00 70.36 9.5% Sales Tax 411.000.656.538.800.240.00 6.68 3Page: Packet Page 33 of 408 11/03/2011 Voucher List City of Edmonds 4 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :77.04128687 11/3/2011 069751 069751 ARAMARK 128688 11/3/2011 071653 ARNOLD, MEREDITH ARNOLD14574 PRECIOUS METAL CLAY PRECIOUS METAL CLAY #14574 001.000.640.574.200.410.00 291.20 Total :291.20 128689 11/3/2011 071124 ASSOCIATED PETROLEUM 0236037-IN 01-7500014 DIESEL FUEL 411.000.656.538.800.320.00 3,546.22 9.5% Sales Tax 411.000.656.538.800.320.00 336.89 Total :3,883.11 128690 11/3/2011 064807 ATS AUTOMATION INC 052112 alerton system-PW alerton system-PW 001.000.651.519.920.480.00 2,550.00 9.5% Sales Tax 001.000.651.519.920.480.00 242.25 Total :2,792.25 128691 11/3/2011 070305 AUTOMATIC FUNDS TRANSFER 62107 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #200 Printing 411.000.652.542.900.490.00 89.63 UB Outsourcing area #200 Printing 411.000.654.534.800.490.00 89.63 UB Outsourcing area #200 Printing 411.000.655.535.800.490.00 92.34 UB Outsourcing area #200 Postage 411.000.654.534.800.420.00 292.70 UB Outsourcing area #200 Postage 411.000.655.535.800.420.00 292.70 9.5% Sales Tax 411.000.652.542.900.490.00 8.51 9.5% Sales Tax 411.000.654.534.800.490.00 8.51 4Page: Packet Page 34 of 408 11/03/2011 Voucher List City of Edmonds 5 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128691 11/3/2011 (Continued)070305 AUTOMATIC FUNDS TRANSFER 9.5% Sales Tax 411.000.655.535.800.490.00 8.78 OUT SOURCING OF UTILITY BILLS62122 UB Outsourcing area #700 Printing 411.000.652.542.900.490.00 64.03 UB Outsourcing area #700 Printing 411.000.654.534.800.490.00 64.03 UB Outsourcing area #700 Printing 411.000.655.535.800.490.00 65.98 UB Outsourcing area #700 Postage 411.000.654.534.800.420.00 34.84 UB Outsourcing area #700 Postage 411.000.655.535.800.420.00 34.84 9.5% Sales Tax 411.000.652.542.900.490.00 2.18 9.5% Sales Tax 411.000.654.534.800.490.00 2.18 9.5% Sales Tax 411.000.655.535.800.490.00 2.26 Total :1,153.14 128692 11/3/2011 061659 BAILEY'S TRADITIONAL TAEKWON BAILEY14542 TAEKWON DO CLASSES TAEKWON DO #14542 001.000.640.575.540.410.00 806.13 TAEKWON DO #14546 001.000.640.575.540.410.00 725.74 Total :1,531.87 128693 11/3/2011 002500 BLUMENTHAL UNIFORMS & EQUIP 882774 INV#882774 - EDMONDS PD - HARDWICK BALLISTIC VEST-SECOND CHANCE 001.000.410.521.220.240.00 725.00 9.5% Sales Tax 001.000.410.521.220.240.00 68.88 INV#899857 - EDMONDS PD - GREEMNUM899857 UNIFORM WOOL PANTS 5Page: Packet Page 35 of 408 11/03/2011 Voucher List City of Edmonds 6 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128693 11/3/2011 (Continued)002500 BLUMENTHAL UNIFORMS & EQUIP 001.000.410.521.220.240.00 325.50 S/S TROP/WOOL UNIFORM SHIRTS 001.000.410.521.220.240.00 131.32 NAMETAGS 001.000.410.521.220.240.00 9.90 METAL BUTTONS W/TOGGLES 001.000.410.521.220.240.00 17.90 METAL CLUTCHES 001.000.410.521.220.240.00 3.00 9.5% Sales Tax 001.000.410.521.220.240.00 46.32 INV#900565 - EDMONDS PD - DREYER900565 511 JACKET 001.000.410.521.220.240.00 229.00 NAMETAGS 1X5 001.000.410.521.220.240.00 9.90 APPLY HEAT STAMP 001.000.410.521.220.240.00 5.00 REFLECTIVE POLICE PANEL 001.000.410.521.220.240.00 8.00 9.5% Sales Tax 001.000.410.521.220.240.00 23.93 Total :1,603.65 128694 11/3/2011 071942 CAMPBELL, JULANN CAMPBELL14472 OIL PAINTING CLASSES OIL PAINTING #14472 001.000.640.574.200.410.00 369.60 OIL PAINTING #14468 001.000.640.574.200.410.00 246.40 Total :616.00 128695 11/3/2011 073029 CANON FINANCIAL SERVICES 11383264 601079 COPIER CONTRACT 411.000.656.538.800.450.41 85.80 6Page: Packet Page 36 of 408 11/03/2011 Voucher List City of Edmonds 7 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :85.80128695 11/3/2011 073029 073029 CANON FINANCIAL SERVICES 128696 11/3/2011 073029 CANON FINANCIAL SERVICES 11367987 Graphic equipment DSD Graphic equipment DSD 001.000.620.558.800.450.00 36.16 Total :36.16 128697 11/3/2011 003330 CASCADE TROPHY 31846 Service Award plaques Service Award plaques 001.000.220.516.100.490.00 60.00 9.5% Sales Tax 001.000.220.516.100.490.00 5.70 Total :65.70 128698 11/3/2011 073616 CFO SELECTIONS LLC 7759 Jim Tarte - Interim Finance Director Jim Tarte - Interim Finance Director 001.000.310.514.100.410.00 5,156.25 Total :5,156.25 128699 11/3/2011 003710 CHEVRON AND TEXACO BUSINESS 31827534 INV#31827534 ACCT#7898305185 EDMONDS PD FUEL/SWTD-MARSH & FROLAND 001.000.410.521.400.430.00 29.01 FUEL FOR NARCOTICS VEHICLE 104.000.410.521.210.320.00 386.47 Total :415.48 128700 11/3/2011 063902 CITY OF EVERETT I11003038 Water Quality- Water Lab Analysis Water Quality- Water Lab Analysis 411.000.654.534.800.410.00 1,053.00 Total :1,053.00 128701 11/3/2011 073860 CITY OF TACOMA CHAPIN1028 NOWPAC CONFERENCE/CHAPIN NOWPAC CONFERENCE REGISTRATION FOR 117.100.640.573.100.490.00 20.00 Total :20.00 128702 11/3/2011 073573 CLARK SECURITY PRODUCTS INC SE78424901 FAC - Latch Protector 7Page: Packet Page 37 of 408 11/03/2011 Voucher List City of Edmonds 8 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128702 11/3/2011 (Continued)073573 CLARK SECURITY PRODUCTS INC FAC - Latch Protector 001.000.651.519.920.310.00 7.75 Freight 001.000.651.519.920.310.00 8.06 9.5% Sales Tax 001.000.651.519.920.310.00 1.51 Total :17.32 128703 11/3/2011 071389 COASTAL WEAR PRODUCTS INC 2883 Fleet - 60 - Gutterbrooms and Supplies Fleet - 60 - Gutterbrooms and Supplies 511.000.657.548.680.310.00 2,331.03 Freight 511.000.657.548.680.310.00 25.09 8.9% Sales Tax 511.000.657.548.680.310.00 209.69 Total :2,565.81 128704 11/3/2011 073667 COBURN, LI COBURN102711 VOLLEYBALL GYM ATTENDANT VOLLEYBALL GYM ATTENDANT AT EDMONDS CC 001.000.640.575.520.410.00 140.00 Total :140.00 128705 11/3/2011 070323 COMCAST 0721433 CEMETERY BUNDLED SERVICES BUNDLED SERVICES FOR CEMETERY OFFICE 130.000.640.536.200.420.00 114.14 Total :114.14 128706 11/3/2011 006200 DAILY JOURNAL OF COMMERCE 3255709 E2GA.RFQ ADVERTISEMENT E2GA.RFQ Advertisement 412.300.630.594.320.410.00 507.60 Total :507.60 128707 11/3/2011 029900 DEPT OF RETIREMENT SYSTEMS Oct 2011 DRS OCTOBER 2011 DRS CONTRIBUTIONS October 2011 DRS Contributions 811.000.000.231.540.000.00 157,675.16 8Page: Packet Page 38 of 408 11/03/2011 Voucher List City of Edmonds 9 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :157,675.16128707 11/3/2011 029900 029900 DEPT OF RETIREMENT SYSTEMS 128708 11/3/2011 047610 DEPT OF TRANSPORTATION RE 41 JA6953 L010 E9DA.WSDOT REVIEW/APPROVE PLANS E9DA.WSDOT Review/Approve Plans 112.200.630.595.330.410.00 558.42 Total :558.42 128709 11/3/2011 064531 DINES, JEANNIE 11-3236 MINUTE TAKING 10/25 Council Minutes 001.000.250.514.300.410.00 267.00 Total :267.00 128710 11/3/2011 073772 DIRECT MATTERS 51525 SUPPLIES/ COURT FORMS SUPPLIES/ COURT FORMS 001.000.230.512.500.310.00 303.99 Total :303.99 128711 11/3/2011 068591 DOUBLEDAY, MICHAEL 10312011 STATE LOBBYIST FOR OCTOBER 2011 State lobbyist for October 2011 001.000.610.519.700.410.00 2,391.25 Total :2,391.25 128712 11/3/2011 007175 DRIVELINES NW INC 356935 Unit 106 - U Joint Kit, Flange Yoke Unit 106 - U Joint Kit, Flange Yoke 511.000.657.548.680.310.00 83.26 9.2% Sales Tax 511.000.657.548.680.310.00 7.66 Unit 106 - Install Labor356940 Unit 106 - Install Labor 511.000.657.548.680.480.00 33.00 9.2% Sales Tax 511.000.657.548.680.480.00 3.04 Total :126.96 128713 11/3/2011 007675 EDMONDS AUTO PARTS 39598 Unit M16 - Fuel Filter, Sealant Unit M16 - Fuel Filter, Sealant 511.000.657.548.680.310.00 74.62 9Page: Packet Page 39 of 408 11/03/2011 Voucher List City of Edmonds 10 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128713 11/3/2011 (Continued)007675 EDMONDS AUTO PARTS 9.5% Sales Tax 511.000.657.548.680.310.00 7.09 Total :81.71 128714 11/3/2011 008705 EDMONDS WATER DIVISION 2-25150 9TH & CASPER ST (WEST PLANTER) 9TH & CASPER ST (WEST PLANTER) 001.000.640.576.800.470.00 41.68 9TH & CASPER ST (EAST PLANTER)2-25175 9TH & CASPER ST (EAST PLANTER) 001.000.640.576.800.470.00 53.49 SPRINKLER2-28275 SPRINKLER 001.000.640.576.800.470.00 65.30 MINI PARK2-37180 MINI PARK 001.000.640.576.800.470.00 38.37 820 15TH ST SW7-05276 820 15TH ST SW/CEMETERY 130.000.640.536.500.470.00 112.89 Total :311.73 128715 11/3/2011 008812 ELECTRONIC BUSINESS MACHINES 069922 ZSYST MK0315 PRINTER MAINTENANCE Maintenance for printers 10/21/11 - 001.000.310.518.880.350.00 312.00 9.5% Sales Tax 001.000.310.518.880.350.00 29.64 CUST# MK5533 C5051 GQM52286 COPIER070216 Meter charges 09/30/11 - 10/30/11 B&W, 001.000.310.514.230.480.00 86.04 9.5% Sales Tax 001.000.310.514.230.480.00 8.17 Total :435.85 128716 11/3/2011 008812 ELECTRONIC BUSINESS MACHINES 069886 METER READING Recept. desk copier 6/21-7/21 10Page: Packet Page 40 of 408 11/03/2011 Voucher List City of Edmonds 11 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128716 11/3/2011 (Continued)008812 ELECTRONIC BUSINESS MACHINES 001.000.250.514.300.450.00 18.26 9.5% Sales Tax 001.000.250.514.300.450.00 1.73 METER READING070219 10/30 to 11/30 copier @ Clerk's office 001.000.250.514.300.450.00 160.21 9.5% Sales Tax 001.000.250.514.300.450.00 15.22 Total :195.42 128717 11/3/2011 008812 ELECTRONIC BUSINESS MACHINES 069887 Fleet - Print Copy Fees Fleet - Print Copy Fees 511.000.657.548.680.490.00 3.59 9.5% Sales Tax 511.000.657.548.680.490.00 0.34 Total :3.93 128718 11/3/2011 071967 ENG, STEPHEN ENG14538 TAEKWON DO CLASSES TAEKWON DO #14538 001.000.640.574.200.410.00 147.00 Total :147.00 128719 11/3/2011 009410 EVERETT STEEL INC 489625 Unit 62 - Supplies Unit 62 - Supplies 511.000.657.548.680.310.00 326.15 9.5% Sales Tax 511.000.657.548.680.310.00 30.98 Total :357.13 128720 11/3/2011 066378 FASTENAL COMPANY WAMOU24267 SUPPLIES SUPPLIES 001.000.640.576.800.310.00 76.56 9.5% Sales Tax 001.000.640.576.800.310.00 7.27 Total :83.83 11Page: Packet Page 41 of 408 11/03/2011 Voucher List City of Edmonds 12 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128721 11/3/2011 009880 FEDEX 7-677-24949 Gilbert paperwork Gilbert paperwork 411.000.654.534.800.420.00 64.35 Total :64.35 128722 11/3/2011 009895 FELDMAN, JAMES A 10312011 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.390.512.520.410.00 10,550.00 Total :10,550.00 128723 11/3/2011 070855 FLEX PLAN SERVICES INC 184751 October 2011 - Section 125 plan fees October 2011 - Section 125 plan fees 001.000.220.516.100.410.00 50.00 Total :50.00 128724 11/3/2011 011900 FRONTIER 425-206-1108 TELEMETRY LIFT STATIONS TELEMETRY LIFT STATIONS 411.000.654.534.800.420.00 145.47 TELEMETRY LIFT STATIONS 411.000.655.535.800.420.00 270.16 SEAVIEW RESERVOIR425-206-1137 SEAVIEW RESERVOIR 411.000.654.534.800.420.00 26.50 TELEMETRY LIFT STATION425-206-1141 TELEMETRY LIFT STATION 411.000.654.534.800.420.00 18.53 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 34.41 TELEMETRY LIFT STATION425-206-4810 TELEMETRY LIFT STATION 411.000.654.534.800.420.00 42.32 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 78.58 PUBLIC SAFETY BLDG ELEVATOR PHONE425-712-8347 PUBLIC SAFETY BLDG ELEVATOR PHONE 001.000.651.519.920.420.00 55.31 12Page: Packet Page 42 of 408 11/03/2011 Voucher List City of Edmonds 13 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128724 11/3/2011 (Continued)011900 FRONTIER VACANT PW BLDG 200 DAYTON ST425-778-3297 VACANT PW BLDG 200 DAYTON ST 411.000.654.534.800.420.00 19.04 VACANT PW BLDG 200 DAYTON ST 411.000.655.535.800.420.00 35.37 Total :725.69 128725 11/3/2011 011900 FRONTIER 425-AB8-1176 CITY PARK T1 LINE City Park T1 Line 001.000.310.518.880.420.00 822.20 Total :822.20 128726 11/3/2011 073856 GLAZED AND AMAZED LLC GLAZED14655 FUSED GLASS WORKSHOP FUSED GLASS WORKSHOP #14655 001.000.640.574.200.410.00 78.00 Total :78.00 128727 11/3/2011 069571 GOBLE SAMPSON ASSOCIATES INC BINV0002989 EDMOC01 TUBE ELEMENTS 411.000.656.538.800.310.21 720.00 Freight 411.000.656.538.800.310.21 34.16 9.5% Sales Tax 411.000.656.538.800.310.21 64.11 Total :818.27 128728 11/3/2011 063137 GOODYEAR AUTO SERVICE CENTER 102565 Unit 81 - Tires 9.5% Sales Tax 511.000.657.548.680.310.00 17.91 Unit 81 - Tires 511.000.657.548.680.310.00 188.50 Total :206.41 128729 11/3/2011 012199 GRAINGER 9661357419 Fac. Maint. Stock Fac. Maint. Stock 13Page: Packet Page 43 of 408 11/03/2011 Voucher List City of Edmonds 14 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128729 11/3/2011 (Continued)012199 GRAINGER 001.000.651.519.920.350.00 157.50 9.5% Sales Tax 001.000.651.519.920.350.00 14.50 Fac. Maint. Stock9666287678 Fac. Maint. Stock 001.000.651.519.920.310.00 41.58 9.5% Sales Tax 001.000.651.519.920.310.00 3.94 Total :217.52 128730 11/3/2011 073855 HAWK MECHANICAL CONTRACTORS 001-5231 5231 INSTALL PIPING TO RAS 411.000.656.538.800.410.21 5,418.00 9.5% Sales Tax 411.000.656.538.800.410.21 514.71 Total :5,932.71 128731 11/3/2011 067862 HOME DEPOT CREDIT SERVICES 2040924 9295 SUPPLIES 132.000.640.594.760.310.00 24.70 9.5% Sales Tax 132.000.640.594.760.310.00 2.35 02052083118 PLANTS 001.000.640.576.810.310.00 105.19 9.5% Sales Tax 001.000.640.576.810.310.00 9.99 02053044930 PRIMER SPRAY, ALUM., ETC. 001.000.640.576.800.310.00 55.66 9.5% Sales Tax 001.000.640.576.800.310.00 5.29 02053094058 FRAME ANCHOR 001.000.640.576.800.310.00 42.00 14Page: Packet Page 44 of 408 11/03/2011 Voucher List City of Edmonds 15 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128731 11/3/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES 9.5% Sales Tax 001.000.640.576.800.310.00 3.99 02055064509 PAINT, ETC. 001.000.640.576.800.310.00 7.75 9.5% Sales Tax 001.000.640.576.800.310.00 0.74 020565357 SEALER 001.000.640.576.800.310.00 23.57 9.5% Sales Tax 001.000.640.576.800.310.00 2.24 02057034509 SAND, ETC. 130.000.640.536.500.310.00 38.99 9.5% Sales Tax 130.000.640.536.500.310.00 3.70 02057042299 PAINT, ETC. 001.000.640.576.800.310.00 31.84 9.5% Sales Tax 001.000.640.576.800.310.00 3.02 02058092530 BIBB 001.000.640.576.800.310.00 6.97 9.5% Sales Tax 001.000.640.576.800.310.00 0.66 02058092604 BAGS 001.000.640.576.800.310.00 2.94 9.5% Sales Tax 001.000.640.576.800.310.00 0.28 Total :371.87 128732 11/3/2011 070896 HSBC BUSINESS SOLUTIONS 8941 Fac Maint & Parks - Split - First Aid 15Page: Packet Page 45 of 408 11/03/2011 Voucher List City of Edmonds 16 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128732 11/3/2011 (Continued)070896 HSBC BUSINESS SOLUTIONS Fac Maint & Parks - Split - First Aid 001.000.651.519.920.310.00 76.65 Fac Maint & Parks - Split - First Aid 001.000.640.576.800.310.00 76.64 Fac Maint - Towels 001.000.651.519.920.310.00 199.03 PW Supplies - 4 Way Split - Dish Soap, 111.000.653.542.900.310.00 58.79 PW Supplies - 4 Way Split - Dish Soap, 411.000.652.542.900.310.00 58.79 PW Supplies - 4 Way Split - Dish Soap, 411.000.654.534.800.310.00 58.79 PW Supplies - 4 Way Split - Dish Soap, 411.000.655.535.800.310.00 58.78 Fac Maint - Paper Towels, Cloth Towels, 001.000.651.519.920.310.00 289.06 Total :876.53 128733 11/3/2011 073548 INDOFF INCORPORATED 1968467 SUPPLIES SUPPLIES 001.000.230.512.500.310.00 31.25 SUPPLIES1970273 SUPPLIES 001.000.230.512.501.310.00 164.20 Total :195.45 128734 11/3/2011 073548 INDOFF INCORPORATED 1970777 OFFICE SUPPLIES GP Napkins 001.000.210.513.100.310.00 7.77 9.5% Sales Tax 001.000.210.513.100.310.00 0.74 Total :8.51 128735 11/3/2011 073548 INDOFF INCORPORATED 1967665 Office Supplies for DSD Office Supplies for DSD 16Page: Packet Page 46 of 408 11/03/2011 Voucher List City of Edmonds 17 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128735 11/3/2011 (Continued)073548 INDOFF INCORPORATED 001.000.620.558.800.310.00 411.12 Total :411.12 128736 11/3/2011 073548 INDOFF INCORPORATED 1964421 Rubberbands/Calculator Ribbons/Tape Rubberbands/Calculator Ribbons/Tape 001.000.310.514.230.310.00 48.51 9.5% Sales Tax 001.000.310.514.230.310.00 4.60 Total :53.11 128737 11/3/2011 069040 INTERSTATE AUTO PARTS 540449 Fleet - Return Fleet - Return 511.000.657.548.680.310.00 -19.98 9.5% Sales Tax 511.000.657.548.680.310.00 -1.90 Shop Tool - Mini Torch543504 Shop Tool - Mini Torch 511.000.657.548.680.350.00 43.59 9.5% Sales Tax 511.000.657.548.680.350.00 4.14 Total :25.85 128738 11/3/2011 065947 INTL SOCIETY OF ARBORICULTURE TIMBROOK2012 MEMBERSHIP DUES MEMBERSHIP DUES: DAVID TIMBROOK 001.000.640.576.800.490.00 175.00 Total :175.00 128739 11/3/2011 065980 ISS WONDERWARE 401625 Water/Sewer - Wonderware Renewal exp Water/Sewer - Wonderware Renewal exp 411.000.654.534.800.490.00 1,162.50 Water/Sewer - Wonderware Renewal exp 411.000.655.535.800.490.00 1,162.50 9.5% Sales Tax 411.000.654.534.800.490.00 110.44 9.5% Sales Tax 17Page: Packet Page 47 of 408 11/03/2011 Voucher List City of Edmonds 18 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128739 11/3/2011 (Continued)065980 ISS WONDERWARE 411.000.655.535.800.490.00 110.44 Total :2,545.88 128740 11/3/2011 066032 J BOZEAT & ASSOCIATES LLC J3092/A DIAGNOSE AUMA ACTUATOR DIAGNOSE AUMA ACTUATOR 411.000.656.538.800.410.21 395.90 9.5% Sales Tax 411.000.656.538.800.410.21 37.61 Total :433.51 128741 11/3/2011 070902 KAREN ULVESTAD PHOTOGRAPHY ULVESTAD14622 DIGITAL PHOTOGRAPHY DIGITAL PHOTOGRAPHY 101 #14622 001.000.640.574.200.410.00 269.50 Total :269.50 128742 11/3/2011 071137 KIDZ LOVE SOCCER KLS14659 KIDZ LOVE SOCCER CLASSES KLS #14659 001.000.640.574.200.410.00 119.70 KLS #14660 001.000.640.574.200.410.00 558.60 KLS #14661 001.000.640.574.200.410.00 638.40 KLS #14662 001.000.640.574.200.410.00 478.80 KLS #14663 001.000.640.574.200.410.00 239.40 KLS #14664 001.000.640.574.200.410.00 671.65 KLS #14665 001.000.640.574.200.410.00 798.00 KLS #14666 001.000.640.574.200.410.00 1,157.10 KLS #14667 001.000.640.574.200.410.00 837.90 KLS #14677 18Page: Packet Page 48 of 408 11/03/2011 Voucher List City of Edmonds 19 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128742 11/3/2011 (Continued)071137 KIDZ LOVE SOCCER 001.000.640.574.200.410.00 798.00 KIDZ LOVE SOCCER CLASSESKLS14668 KLS #14668 001.000.640.574.200.410.00 319.20 Total :6,616.75 128743 11/3/2011 073847 KIRSCHNER, RICHARD eng2011.0213 Scope of work changed - inspections not Scope of work changed - inspections not 001.000.000.257.620.000.00 120.00 Total :120.00 128744 11/3/2011 073854 LOWE, KRISTAL 139364 REFUND SPAY/NEUTER REFUND #139364 SPAY/NEUTER REFUND IMP#8425 001.000.000.343.930.000.00 40.00 Total :40.00 128745 11/3/2011 073429 MALLOY, GLORIA MALLOY14558 ZUMBA CLASSES ZUMBA #14558 001.000.640.575.540.410.00 149.50 Total :149.50 128746 11/3/2011 069362 MARSHALL, CITA 732 INTERPRETER FEE INTERPRETER FEE 001.000.390.512.520.410.00 88.32 INTERPRETER FEE819 INTERPRETER FEE 001.000.230.512.500.410.01 88.32 Total :176.64 128747 11/3/2011 020039 MCMASTER-CARR SUPPLY CO 98305129 123106800 T STRAINERS/SCREENS 411.000.656.538.800.310.21 60.28 Freight 411.000.656.538.800.310.21 5.77 12310680098627662 HIGH STRENGTH ALUMINUM 19Page: Packet Page 49 of 408 11/03/2011 Voucher List City of Edmonds 20 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128747 11/3/2011 (Continued)020039 MCMASTER-CARR SUPPLY CO 411.000.656.538.800.310.21 173.98 Freight 411.000.656.538.800.310.21 7.63 12310680098648166 LATCH/CONDUIT FITTINGS/PVC VALVE/SEAL 411.000.656.538.800.310.21 535.17 Freight 411.000.656.538.800.310.21 19.32 12310680098648207 SOCKET CAP SCREW/BUSHING/CAP SCREW 411.000.656.538.800.310.21 33.86 Freight 411.000.656.538.800.310.21 5.44 12310680098718755 KEY STOCK 411.000.656.538.800.310.21 2.09 Freight 411.000.656.538.800.310.21 4.93 Total :848.47 128748 11/3/2011 070381 MICHEL CONSTRUCTION INC ENG2008.0458 All work interior- no side sewer permit All work interior- no side sewer permit 001.000.000.257.620.000.00 65.00 Total :65.00 128749 11/3/2011 071011 MIDCO-WEST INC 460000686 25680 FORK LIFT RENTAL 411.000.656.538.800.480.21 200.00 9.5% Sales Tax 411.000.656.538.800.480.21 19.00 Total :219.00 128750 11/3/2011 072223 MILLER, DOUG MILLER102611 GYM MONITOR GYM MONITOR FOR 3 ON 3 BASKETBALL @ 001.000.640.575.520.410.00 120.00 20Page: Packet Page 50 of 408 11/03/2011 Voucher List City of Edmonds 21 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :120.00128750 11/3/2011 072223 072223 MILLER, DOUG 128751 11/3/2011 072746 MURRAY SMITH & ASSOCIATES 11-1199-8 E1JA.SERVICES THRU 9/30/11 E1JA.Services thru 9/30/11 112.200.630.595.330.410.00 270.40 Total :270.40 128752 11/3/2011 024302 NELSON PETROLEUM 0462013-IN Fleet Filter Inventory Fleet Filter Inventory 511.000.657.548.680.340.40 73.86 9.5% Sales Tax 511.000.657.548.680.340.40 7.02 Fleet Filter Inventory0462887-IN Fleet Filter Inventory 511.000.657.548.680.340.40 31.38 9.5% Sales Tax 511.000.657.548.680.340.40 2.98 Unit 55 - Supplies0462897-IN Unit 55 - Supplies 511.000.657.548.680.310.00 38.92 9.5% Sales Tax 511.000.657.548.680.310.00 3.70 Total :157.86 128753 11/3/2011 024960 NORTH COAST ELECTRIC COMPANY S4199529.001 2091 ELECTRICAL SUPPLES 411.000.656.538.800.310.22 612.72 9.5% Sales Tax 411.000.656.538.800.310.22 56.37 2091S4199529.002 ELECTRICAL SUPPLIES 411.000.656.538.800.310.22 113.86 9.5% Sales Tax 411.000.656.538.800.310.22 10.48 Total :793.43 21Page: Packet Page 51 of 408 11/03/2011 Voucher List City of Edmonds 22 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128754 11/3/2011 068451 NORTHEND TRUCK EQUIPMENT INC 1025407 Unit 11 - Repairs Unit 11 - Repairs 511.000.657.548.680.480.00 209.00 9.5% Sales Tax 511.000.657.548.680.480.00 19.86 Total :228.86 128755 11/3/2011 068663 NORTHERN ENERGY PROPANE 438820 Sewer - LS 10 Propane Sewer - LS 10 Propane 411.000.654.534.800.310.00 103.02 9.5% Sales Tax 411.000.654.534.800.310.00 9.79 Sewer - LS 12 - Propane438821 Sewer - LS 12 - Propane 411.000.655.535.800.310.00 296.23 9.5% Sales Tax 411.000.655.535.800.310.00 28.14 Total :437.18 128756 11/3/2011 061013 NORTHWEST CASCADE INC 1-373455 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: HICKMAN PARK 001.000.640.576.800.450.00 310.99 HONEY BUCKET RENTAL1-373490 HONEY BUCKET RENTAL: YOST PARK 001.000.640.576.800.450.00 228.72 Total :539.71 128757 11/3/2011 025690 NOYES, KARIN 000 00 239 Historic Preservation Commission Historic Preservation Commission 001.000.620.558.600.410.00 96.00 Planning Board Minutes for 9/28/11.000 00 241 Planning Board Minutes for 9/28/11. 001.000.620.558.600.410.00 272.00 Total :368.00 128758 11/3/2011 025690 NOYES, KARIN 000 00 247 Planning Board Minute Taker 10/26/11 22Page: Packet Page 52 of 408 11/03/2011 Voucher List City of Edmonds 23 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128758 11/3/2011 (Continued)025690 NOYES, KARIN Planning Board Minute Taker 10/26/11 001.000.620.558.600.410.00 288.00 Total :288.00 128759 11/3/2011 063511 OFFICE MAX INC 864563 INV#864563 ACCT#520437 250POL EDMONDS PD WITE OUT CORRECTION TAPE 001.000.410.521.100.310.00 31.26 9.5% Sales Tax 001.000.410.521.100.310.00 2.97 INV#992913 ACCT#520437 250POL EDMONDS PD992913 CATALOG ENVELOPES 9x12 001.000.410.521.100.310.00 103.24 LIQUID PAPER 001.000.410.521.100.310.00 3.18 9.5% Sales Tax 001.000.410.521.100.310.00 10.11 CR INV#864187 ACCT#520437CREDIT#864187 ORDERED WITEOUT/REC RIBBON 001.000.410.521.100.310.00 -31.26 9.5% Sales Tax 001.000.410.521.100.310.00 -2.97 Total :116.53 128760 11/3/2011 063511 OFFICE MAX INC 012708 CEMETERY SUPPLIES CLIFF/CEMETERY SUPPLIES 130.000.640.536.500.310.00 7.01 9.5% Sales Tax 130.000.640.536.500.310.00 0.67 CEMETERY SUPPLIES066165 INK SUPPLIES FOR CEMETERY PRINTER 130.000.640.536.500.310.00 44.08 9.5% Sales Tax 130.000.640.536.500.310.00 4.20 OFFICE SUPPLIES995318 ASSORTED PAPER, PENS, CALENDARS, ETC. 23Page: Packet Page 53 of 408 11/03/2011 Voucher List City of Edmonds 24 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128760 11/3/2011 (Continued)063511 OFFICE MAX INC 001.000.640.574.100.310.00 114.45 9.5% Sales Tax 001.000.640.574.100.310.00 10.87 Total :181.28 128761 11/3/2011 063511 OFFICE MAX INC 935229 OFFICE SUPPLIES Office Supplies 001.000.250.514.300.310.00 176.80 9.5% Sales Tax 001.000.250.514.300.310.00 16.79 OFFICE SUPPLIES974589 Office Supplies 001.000.250.514.300.310.00 35.72 9.5% Sales Tax 001.000.250.514.300.310.00 3.39 Total :232.70 128762 11/3/2011 063511 OFFICE MAX INC 971840 2012 Planner 2012 Planner 001.000.310.514.230.310.00 8.05 9.5% Sales Tax 001.000.310.514.230.310.00 0.76 Total :8.81 128763 11/3/2011 073857 OLSEN, PETER OLSEN1101 CONTEST WINNER "ESSENTIALLY EDMONDS" PHOTO CONTEST 117.100.640.573.100.410.00 50.00 Total :50.00 128764 11/3/2011 002203 OWEN EQUIPMENT COMPANY 00061261 Fleet - Return Tach Fleet - Return Tach 511.000.657.548.680.310.00 -414.42 9.5% Sales Tax 511.000.657.548.680.310.00 -39.37 Unit 55 - Repairs00062004 24Page: Packet Page 54 of 408 11/03/2011 Voucher List City of Edmonds 25 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128764 11/3/2011 (Continued)002203 OWEN EQUIPMENT COMPANY Unit 55 - Repairs 511.000.657.548.680.480.00 723.95 9.5% Sales Tax 511.000.657.548.680.480.00 68.78 Unit 55 - Repairs to Impeller00062077 Unit 55 - Repairs to Impeller 511.000.657.548.680.480.00 3,007.82 9.5% Sales Tax 511.000.657.548.680.480.00 285.74 Total :3,632.50 128765 11/3/2011 069944 PECK, ELIZABETH PECK14405 PRESCHOOL CLASSES LITTLE FISHES PRESCHOOL #14405 001.000.640.574.200.410.00 504.00 TINY FEET PLAYTIME 001.000.640.574.200.410.00 504.00 Total :1,008.00 128766 11/3/2011 007800 PETTY CASH Petty Cash-Finance PETTY CASH-FINANCE Batteries 001.000.620.532.200.490.00 15.32 Kleenex 001.000.620.558.800.310.00 16.20 Dinner at Sno Co Cities Meeting 001.000.610.519.700.490.00 35.00 Key Rack for Development Services front 001.000.620.558.800.310.00 16.37 Water Sampling supplies 411.000.652.542.900.310.00 4.22 Training class breakfast 001.000.220.516.100.490.00 37.97 Batteries for Engineering division 001.000.620.532.200.490.00 15.32 Cell Phone Case 001.000.620.524.100.310.00 9.90 25Page: Packet Page 55 of 408 11/03/2011 Voucher List City of Edmonds 26 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128766 11/3/2011 (Continued)007800 PETTY CASH Jury Duty Reimbursement 001.000.620.532.200.110.00 10.00 Application for I-Pad, Petso 001.000.110.511.100.490.00 12.02 Mileage for DOE Grant Workshop 001.000.620.532.200.430.00 20.15 Testing for I-Pad Application, Petso 001.000.110.511.100.310.00 8.75 Mileage & Parking to the ICC Meeting 001.000.620.532.200.430.00 18.68 Mileage & Parking to the ICC Meeting 001.000.620.532.200.490.00 3.00 Total :222.90 128767 11/3/2011 008475 PETTY CASH - PUBLIC WORKS 9/1-10/31/11 FAC MAINT- FIRE ALARM CERT - G EVANS FAC MAINT- FIRE ALARM CERT - G EVANS 001.000.651.519.920.490.00 44.00 FAC MAINT - SUPPLIES 001.000.651.519.920.310.00 9.17 CITY HALL - REPAIR SUPPLIES 001.000.651.519.920.310.00 5.87 STREET/STORM CELL PHONE CAR CORDS 111.000.653.542.310.310.00 49.25 STREET - CDL RENEWAL - B SANDERS 111.000.653.542.900.490.00 61.00 STREET - BATTERIES FOR POWER TESTER 111.000.653.542.640.310.00 3.27 STREET - CEMENT FINISH 111.000.653.542.640.310.00 11.85 WATER QUALITY - THERMOS FOR SAMPLES 411.000.654.534.800.310.00 30.65 FLEET - MOTORCYCLE TRAINING CLASS 511.000.657.548.680.490.00 125.00 FLEET - MOTORCYCLE ENDORSEMENT REQUIRED 26Page: Packet Page 56 of 408 11/03/2011 Voucher List City of Edmonds 27 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128767 11/3/2011 (Continued)008475 PETTY CASH - PUBLIC WORKS 511.000.657.548.680.490.00 27.00 Total :367.06 128768 11/3/2011 071911 PROTZ, MARGARET PROTZ14395 FELDENKRAIS WORKSHOP FELDENKRAIS WORKSHOP 001.000.640.575.540.410.00 122.50 Total :122.50 128769 11/3/2011 073858 PUBLIC SECTOR PERSONNEL CONSUL 2127 On-site planning meeting with City On-site planning meeting with City 001.000.220.516.100.410.00 2,500.00 Total :2,500.00 128770 11/3/2011 046900 PUGET SOUND ENERGY 0101874006 LIBRARY LIBRARY 001.000.651.519.920.470.00 110.32 PARK & BUILDING MAINTENANCE SHOP0230757007 PARK & BUILDING MAINTENANCE SHOP 001.000.651.519.920.470.00 136.00 LIFT STATION #71916766007 LIFT STATION #7 411.000.655.535.800.470.00 33.81 PUBLIC SAFETY-POLICE,CRT & COUNCIL2753166004 PUBLIC SAFETY-POLICE,CRT & COUNCEL 001.000.651.519.920.470.00 355.91 Public Works2776365005 Public Works 001.000.650.519.910.470.00 13.50 Public Works 111.000.653.542.900.470.00 51.30 Public Works 411.000.654.534.800.470.00 51.30 Public Works 411.000.655.535.800.470.00 51.30 Public Works 27Page: Packet Page 57 of 408 11/03/2011 Voucher List City of Edmonds 28 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128770 11/3/2011 (Continued)046900 PUGET SOUND ENERGY 511.000.657.548.680.470.00 51.30 Public Works 411.000.652.542.900.470.00 51.32 200 Dayton St-Vacant PW Bldg3689976003 200 Dayton St-Vacant PW Bldg 411.000.654.534.800.470.00 168.65 MEADOWDALE CLUBHOUSE5254926008 MEADOWDALE CLUBHOUSE 001.000.651.519.920.470.00 230.69 Fire Station # 165322323139 Fire Station # 16 001.000.651.519.920.470.00 197.45 SEWER LIFT STATION #95672895009 SEWER LIFT STATION #9 411.000.655.535.800.470.00 34.48 FLEET5903085008 Fleet 7110 210th St SW 511.000.657.548.680.470.00 150.52 FIRE STATION 17 PUBLIC SAFETY6439566008 FIRE STATION 17 PUBLIC SAFETY 001.000.651.519.920.470.00 252.70 ANDERSON CENTER6490327001 ANDERSON CENTER 001.000.651.519.920.470.00 763.60 LIFT STATION #88851908007 LIFT STATION #8 411.000.655.535.800.470.00 54.94 FIRE STATION #209919661109 FIRE STATION #20 001.000.651.519.920.470.00 103.42 Total :2,862.51 128771 11/3/2011 046900 PUGET SOUND ENERGY 084-904-700-6 WWTP PUGET SOUND ENERGY WWTP PUGET SOUND ENERGY 411.000.656.538.800.472.63 43.66 28Page: Packet Page 58 of 408 11/03/2011 Voucher List City of Edmonds 29 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :43.66128771 11/3/2011 046900 046900 PUGET SOUND ENERGY 128772 11/3/2011 030780 QUIRING MONUMENTS INC 122446 MARKER MARKER: HENRY 130.000.640.536.200.340.00 402.00 MARKER122447 MARKER: SMITH 130.000.640.536.200.340.00 316.00 Total :718.00 128773 11/3/2011 070955 R&R STAR TOWING 71852 INV#71852 EDMONDS PD #11-4016 TOW 1995 CHEV TAHOE #854SYZ 001.000.410.521.220.410.00 197.50 9.5% Sales Tax 001.000.410.521.220.410.00 18.76 Total :216.26 128774 11/3/2011 067681 SAGE CONTROL ORDNANCE INC 10685 INV#10685 - EDMONDS PD IMPACT BATON STD ENERGY 001.000.410.521.400.310.00 352.50 Freight 001.000.410.521.400.310.00 39.49 Total :391.99 128775 11/3/2011 073486 SEATTLE KING CO CONVENTION &67461 2012 MEMBERSHIP IN SEA CONVENTION BUREAU Membership in Seattle Convention & 001.000.240.513.110.490.00 375.00 Total :375.00 128776 11/3/2011 073845 SHIELDS, PATRICK 3326C10FE RESTITUTION OVERPAYMENT REFUND Overpayment for restitution order 001.000.000.369.400.000.00 507.18 Total :507.18 128777 11/3/2011 036509 SIGNATURE FORMS INC 1111596 INV#1111596 ACCT#CEDM - EDMONDS PD DOG LICENSE RENEWAL FORMS 001.000.410.521.700.310.00 316.12 29Page: Packet Page 59 of 408 11/03/2011 Voucher List City of Edmonds 30 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128777 11/3/2011 (Continued)036509 SIGNATURE FORMS INC COMPOSING FEE 001.000.410.521.700.310.00 28.00 Freight 001.000.410.521.700.310.00 22.84 9.5% Sales Tax 001.000.410.521.700.310.00 34.86 Total :401.82 128778 11/3/2011 067644 SIGNON 17902 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 190.02 Total :190.02 128779 11/3/2011 073859 SIMMONS, SHELLY SIMMONS14461 ZUMBATOMIC CLASSES ZUMBATOMIC #14461 001.000.640.574.200.410.00 261.00 ZUMBATOMIC #14464 001.000.640.574.200.410.00 313.20 Total :574.20 128780 11/3/2011 036950 SIX ROBBLEES INC 1-741877 Unit 22 - Supplies Unit 22 - Supplies 511.000.657.548.680.310.00 24.84 9.5% Sales Tax 511.000.657.548.680.310.00 2.36 Total :27.20 128781 11/3/2011 069197 SKYLINE ELECTRIC & MFG CO 62826 MILLTOWN COURTYARD SERVICE CABINET SERVICE CABINET 132.000.640.594.760.310.00 3,492.00 Freight 132.000.640.594.760.310.00 122.93 9.5% Sales Tax 132.000.640.594.760.310.00 343.42 30Page: Packet Page 60 of 408 11/03/2011 Voucher List City of Edmonds 31 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :3,958.35128781 11/3/2011 069197 069197 SKYLINE ELECTRIC & MFG CO 128782 11/3/2011 037375 SNO CO PUD NO 1 200202919 LIFT STATION #8 113 RR AVE LIFT STATION #8 411.000.655.535.800.470.00 173.67 BEACON LIGHT CROSS WALK 23602 76TH AVE W200274959 BEACON LIGHT CROSS WALK~ 111.000.653.542.640.470.00 36.38 TRAFFIC LIGHT 220TH 76TH200493153 SIGNAL LIGHT 111.000.653.542.640.470.00 55.50 4 WAY LIGHT 224TH 76TH200594885 SIGNAL LIGHT 111.000.653.542.640.470.00 75.34 SIGNAL LIGHT 9730 220TH200748606 SIGNAL LIGHT 111.000.653.542.640.470.00 30.02 DECORATIVE LIGHTS 115 2ND AVE S200913853 deocrative lighting 111.000.653.542.630.470.00 42.90 SCHOOL LIGHT 21506 84TH W201151420 SCHOOL FLASHING LIGHT 111.000.653.542.640.470.00 31.04 TRAFFIC LIGHT 21132 76TH W201187895 SIGNAL LIGHT 111.000.653.542.640.470.00 31.73 Ballinger Lift Station 7403 Ballinger201427317 Ballinger Lift Station 7403 Ballinger 411.000.655.535.800.470.00 30.02 LIFT STATION #14 7905 1/2 211TH PL SW201501277 LIFT STATION #14 411.000.655.535.800.470.00 30.02 LIFT STATION 7201532926 Lift St 7 411.000.655.535.800.470.00 290.36 FIRE STATION #20202077194 31Page: Packet Page 61 of 408 11/03/2011 Voucher List City of Edmonds 32 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128782 11/3/2011 (Continued)037375 SNO CO PUD NO 1 FIRE STATION #20 001.000.651.519.920.470.00 829.66 SCHOOL LIGHT 7801 212TH SW202191284 STREET LIGHT 111.000.653.542.630.470.00 30.02 SIGNAL LIGHT 22400 HWY 99202289096 SIGNAL LIGHT - 22400 Hwy 99 111.000.653.542.640.470.00 101.28 TRAFFIC LIGHT 21530 76TH202356739 SIGNAL LIGHT 111.000.653.542.640.470.00 36.54 LIFT STATION #1 105 CASPERS202499539 LIFT STATION #1 411.000.655.535.800.470.00 803.91 Total :2,628.39 128783 11/3/2011 037375 SNO CO PUD NO 1 2006-6395-3 131 SUNSET AVE 131 SUNSET 001.000.640.576.800.470.00 176.20 23202 EDMONDS WAY2009-4334-8 23202 EDMONDS WAY 001.000.640.576.800.470.00 136.40 50 RAILROAD AVE2010-5432-7 50 RAILROAD AVE 001.000.640.576.800.470.00 76.61 100 RAILROAD AVE2021-3965-5 100 RAILROAD AVE 001.000.640.576.800.470.00 40.62 24000 78TH AVE W2026-2041-5 24000 78TH AVE W 001.000.640.576.800.470.00 31.04 Total :460.87 128784 11/3/2011 037375 SNO CO PUD NO 1 153470241 2019-2991-6 23219 74TH AVE W 32Page: Packet Page 62 of 408 11/03/2011 Voucher List City of Edmonds 33 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128784 11/3/2011 (Continued)037375 SNO CO PUD NO 1 411.000.656.538.800.471.62 30.02 Total :30.02 128785 11/3/2011 063941 SNO CO SHERIFFS OFFICE I000283836 INV#I000283836 CUST#SSH00010-EDMONDS PD TASK FORCE JULY-DEC 2011 001.000.410.521.100.510.00 4,999.00 INV#I000283882 CUST#SSH00095-EDMONDS PDI000283882 SCSO RANGE USAGE 10HR 10/5/11 001.000.410.521.400.410.00 500.00 SCSO RANGE USAGE 10HR 10/10/11 001.000.410.521.400.410.00 500.00 INV#I000284040 CUST#SSH00095-EDMONDS PDI000284040 SCSO RANGE USAGE 10HR 10/20/11 001.000.410.521.400.410.00 500.00 SCSO RANGE USAGE 9.5HR 10/21/11 001.000.410.521.400.410.00 450.00 Total :6,949.00 128786 11/3/2011 038300 SOUND DISPOSAL CO 103583 garbage & recycle for PS garbage & recycle for PS 001.000.651.519.920.470.00 550.68 garbage & recycle for Library103586 garbage & recycle for Library 001.000.651.519.920.470.00 555.23 garbage & recycle-City Hall103588 garbage & recycle-City Hall 001.000.651.519.920.470.00 489.00 Total :1,594.91 128787 11/3/2011 040430 STONEWAY ELECTRIC SUPPLY s1000010150.001 City Hall - Electrical City Hall - Electrical 001.000.651.519.920.310.00 106.22 9.5% Sales Tax 001.000.651.519.920.310.00 10.09 FAC Electrical Suppliess100007980.001 33Page: Packet Page 63 of 408 11/03/2011 Voucher List City of Edmonds 34 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128787 11/3/2011 (Continued)040430 STONEWAY ELECTRIC SUPPLY FAC Electrical Supplies 001.000.651.519.920.310.00 123.21 9.5% Sales Tax 001.000.651.519.920.310.00 11.70 Total :251.22 128788 11/3/2011 040430 STONEWAY ELECTRIC SUPPLY S100011317.001 6th and Main Project Wireing 6th and Main Project Wireing 001.000.651.519.920.310.00 1,698.77 9.5% Sales Tax 001.000.651.519.920.310.00 161.38 Total :1,860.15 128789 11/3/2011 063796 TECHNOLOGY UNLIMITED INC 256102 INV#256102 - EDMONDS PD MAIN AGMT MS400 SCANNER TO~ 001.000.410.521.110.350.00 350.00 9.5% Sales Tax 001.000.410.521.110.350.00 33.25 Total :383.25 128790 11/3/2011 009350 THE DAILY HERALD COMPANY 0001753343 Legal Notice: Edmonds Medical Office~ Legal Notice: Edmonds Medical Office~ 001.000.620.558.600.440.00 70.64 LEGAL NOTICE: PHOENIX DEV (PRD 07.20)0001754448 Legal Notice: Phenix Dev (PRD 07.20) 001.000.620.558.600.440.00 68.92 Total :139.56 128791 11/3/2011 038315 THYSSENKRUPP ELEVATOR 17557 FAC monthly elevator maint-FAC 001.000.651.519.920.480.00 882.13 9.5% Sales Tax 001.000.651.519.920.480.00 83.81 MONTHLY ELEVATOR MAINT-LIBRARY17558 Monthly elevator maint-Library 34Page: Packet Page 64 of 408 11/03/2011 Voucher List City of Edmonds 35 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128791 11/3/2011 (Continued)038315 THYSSENKRUPP ELEVATOR 001.000.651.519.920.480.00 874.31 9.5% Sales Tax 001.000.651.519.920.480.00 83.06 MAINTENANCE-PS17559 Maintenance-PS 001.000.651.519.920.480.00 751.63 9.5% Sales Tax 001.000.651.519.920.480.00 71.40 MONITORING-PS17560 monitoring-PS 001.000.651.519.920.480.00 44.29 MONTHLY ELEVATOR MONITORING-LIBRARY17561 Monthly elevator monitoringt-Library 001.000.651.519.920.480.00 67.80 SENIOR CENTER ELEVATOR MAINTENANCE23267 SENIOR CENTER ELEVATOR MAINTENANCE 001.000.651.519.920.480.00 163.81 001.000.651.519.920.480.00 15.56 SENIOR CENTER ELEVATOR MONITORING23268 SENIOR CENTER ELEVATOR MONITORING 001.000.651.519.920.480.00 13.33 Total :3,051.13 128792 11/3/2011 073255 TOTAL FILTRATION SERVICES, INC PSV838142 City Wide - Air Filters City Wide - Air Filters 001.000.651.519.920.310.00 976.68 9.5% Sales Tax 001.000.651.519.920.310.00 92.78 Total :1,069.46 128793 11/3/2011 041960 TOWN & COUNTRY FENCE INC 43796 MARINA BEACH CHAINLINK MATERIALS CHAINLINK MATERIALS - MARINA BEACH 001.000.640.576.800.310.00 722.40 9.5% Sales Tax 35Page: Packet Page 65 of 408 11/03/2011 Voucher List City of Edmonds 36 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128793 11/3/2011 (Continued)041960 TOWN & COUNTRY FENCE INC 001.000.640.576.800.310.00 68.63 Total :791.03 128794 11/3/2011 072338 TRANSPORTATION CHOICES 00001 MEMBERSHIP DUES, TCC Annual Membership Dues 001.000.210.513.100.490.00 500.00 Total :500.00 128795 11/3/2011 042800 TRI-CITIES SECURITY 18336 FAC - Pin Tumbler Desk Lock FAC - Pin Tumbler Desk Lock 001.000.651.519.920.310.00 34.00 9.5% Sales Tax 001.000.651.519.920.310.00 3.23 Total :37.23 128796 11/3/2011 067917 WALLY'S TOWING INC 46129 INV#46129 - EDMONDS PD #11-3969 TOW 2000 CHEV BLAZER #513ZNO 001.000.410.521.220.410.00 158.00 9.5% Sales Tax 001.000.410.521.220.410.00 15.01 Total :173.01 128797 11/3/2011 047665 WATER ENVIRONMENT FEDERATION 9000051922 WEF 2011 MBR DUES & LOCAL 2011 MBR WEF 2011 MBR DUES & LOCAL 2011 MBR 411.000.655.535.800.490.00 123.00 Total :123.00 128798 11/3/2011 073552 WELCO SALES LLC 5275 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 397.38 Total :397.38 128799 11/3/2011 073552 WELCO SALES LLC 5274 Printing Stationary Printing Stationary 001.000.310.514.230.490.00 130.00 9.5% Sales Tax 36Page: Packet Page 66 of 408 11/03/2011 Voucher List City of Edmonds 37 7:19:57AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128799 11/3/2011 (Continued)073552 WELCO SALES LLC 001.000.310.514.230.490.00 12.35 Printing Bus Cards S Hunstock5282 Printing Bus Cards S Hunstock 001.000.310.514.100.490.00 37.50 9.5% Sales Tax 001.000.310.514.100.490.00 3.56 Total :183.41 128800 11/3/2011 064213 WSSUA TREASURER 661 OCTOBER OFFICIAL FEES MENS AND CO-ED GAMES FOR OCTOBER 2011 001.000.640.575.520.410.00 1,485.00 Total :1,485.00 128801 11/3/2011 070432 ZACHOR & THOMAS PS INC 940 OCT-11 RETAINER Oct-11Retainer 001.000.360.515.230.410.00 13,000.00 Total :13,000.00 Bank total :278,271.03124 Vouchers for bank code :front 278,271.03Total vouchers :Vouchers in this report124 37Page: Packet Page 67 of 408 11/09/2011 Voucher List City of Edmonds 1 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128802 11/10/2011 065052 AARD PEST CONTROL 299838 RODENT CONTROL MEADOWDALE CLUBHOUSE RODENT CONTROL 001.000.640.576.800.480.00 82.12 Total :82.12 128803 11/10/2011 073862 ADAMS CONSULTING SERVICES LLC 2078/1 HR Consultant - fees from 10/10/11 - HR Consultant - fees from 10/10/11 - 001.000.220.516.100.410.00 4,387.50 Total :4,387.50 128804 11/10/2011 064335 ANALYTICAL RESOURCES INC TR94 EDMONDS NPDES SAMPLING 411.000.656.538.800.410.31 130.00 Total :130.00 128805 11/10/2011 069751 ARAMARK 655-5848078 FAC MAINT UNIFORM SVC Fac Maint Uniform Svc 001.000.651.519.920.240.00 30.07 9.5% Sales Tax 001.000.651.519.920.240.00 2.86 FAC MAINT UNIFORM SVC655-5848094 Fac Maint Uniform Svc 001.000.651.519.920.240.00 -15.28 9.5% Sales Tax 001.000.651.519.920.240.00 -1.45 PW MATS655-5852690 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 1Page: Packet Page 68 of 408 11/09/2011 Voucher List City of Edmonds 2 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128805 11/10/2011 (Continued)069751 ARAMARK 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5852691 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FLEET UNIFORM SVC655-5852692 Fleet Uniform Svc 511.000.657.548.680.240.00 10.00 9.5% Sales Tax 511.000.657.548.680.240.00 0.95 Total :60.22 128806 11/10/2011 069751 ARAMARK 655-5848077 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 28.81 2Page: Packet Page 69 of 408 11/09/2011 Voucher List City of Edmonds 3 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128806 11/10/2011 (Continued)069751 ARAMARK 9.5% Sales Tax 001.000.640.576.800.240.00 2.74 Total :31.55 128807 11/10/2011 069751 ARAMARK 655-5848084 21580001 UNIFORM SERVICE 411.000.656.538.800.240.00 70.36 9.5% Sales Tax 411.000.656.538.800.240.00 6.68 Total :77.04 128808 11/10/2011 064343 AT&T 425-776-5316 PARKS FAX MODEM PARKS FAX MODEM 001.000.640.576.800.420.00 44.98 Total :44.98 128809 11/10/2011 001801 AUTOMATIC WILBERT VAULT CO 20691 BURIAL SUPPLIES BURIAL SUPPLIES: COLTRIN 130.000.640.536.200.340.00 678.00 Total :678.00 128810 11/10/2011 073035 AVAGIMOVA, KARINE 1097 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.501.410.01 100.00 Total :100.00 128811 11/10/2011 069076 BACKGROUND INVESTIGATIONS INC COE1011 Background check services Background check services 001.000.220.516.100.410.00 20.00 Total :20.00 128812 11/10/2011 061659 BAILEY'S TRADITIONAL TAEKWON BAILEYS14530 TAEKWON DO CLASSES TAEKWON DO #14530 001.000.640.574.200.410.00 273.00 TAEKWON DO #14534 001.000.640.574.200.410.00 218.40 3Page: Packet Page 70 of 408 11/09/2011 Voucher List City of Edmonds 4 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :491.4012881211/10/2011 061659 061659 BAILEY'S TRADITIONAL TAEKWON 128813 11/10/2011 012005 BALL AND GILLESPIE POLYGRAPH 2011-130 INV 2011-130 EDMONDS PD - NESS PRE-EMPLOY SCREENING - NESS 001.000.410.521.100.410.00 150.00 Freight 001.000.410.521.100.410.00 7.00 Total :157.00 128814 11/10/2011 070803 BITCO SOFTWARE LLC 402 Annual maintenance on Permit Trax, Annual maintenance on Permit Trax, 001.000.620.558.800.410.00 7,300.00 9.5% Sales Tax 001.000.620.558.800.410.00 693.50 Total :7,993.50 128815 11/10/2011 073760 BLUELINE GROUP LLC 5420 E1JA.SERVICES THRU 10/31/11 E1JA.Services thru 10/31/11 412.100.630.594.320.410.00 16,956.00 E1JA.Services thru 10/31/11 112.200.630.595.330.410.00 1,600.00 Total :18,556.00 128816 11/10/2011 002500 BLUMENTHAL UNIFORMS & EQUIP 902898 INV#902898 - EDMONDS PD - SUTTON ATAC STORM ZIP BOOTS 001.000.410.521.220.240.00 129.99 9.5% Sales Tax 001.000.410.521.220.240.00 12.35 INV#902898-01 - EDMONDS PD - SUTTON902898-01 S/S UNIFORM SHIRTS 001.000.410.521.220.240.00 196.98 CLOTH NAMETAGS 001.000.410.521.220.240.00 14.85 9.5% Sales Tax 001.000.410.521.220.240.00 20.12 Total :374.29 4Page: Packet Page 71 of 408 11/09/2011 Voucher List City of Edmonds 5 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128817 11/10/2011 073029 CANON FINANCIAL SERVICES 11383263 CANON COPIER CHARGE COPIER CHARGE 001.000.210.513.100.450.00 91.24 COPIER CHARGE 001.000.610.519.700.450.00 91.24 COPIER CHARGE 001.000.220.516.100.450.00 91.26 Total :273.74 128818 11/10/2011 068484 CEMEX LLC 9422463080 Street / Cement Street / Cement 111.000.653.542.610.310.00 160.00 9.5% Sales Tax 111.000.653.542.610.310.00 14.72 Roadway / Asphalt9422474521 Roadway / Asphalt 111.000.653.542.310.310.00 640.72 9.5% Sales Tax 111.000.653.542.310.310.00 60.87 Street / Cement9422487942 Street / Cement 111.000.653.542.610.310.00 708.25 9.5% Sales Tax 111.000.653.542.610.310.00 67.29 Roadway / Asphalt9422494952 Roadway / Asphalt 111.000.653.542.310.310.00 520.48 9.5% Sales Tax 111.000.653.542.310.310.00 49.45 Roadway / Asphalt9422506005 Roadway / Asphalt 111.000.653.542.310.310.00 470.24 9.5% Sales Tax 111.000.653.542.310.310.00 44.67 Street / Cement9422525219 Street / Cement 5Page: Packet Page 72 of 408 11/09/2011 Voucher List City of Edmonds 6 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128818 11/10/2011 (Continued)068484 CEMEX LLC 111.000.653.542.610.310.00 894.00 9.5% Sales Tax 111.000.653.542.610.310.00 84.93 Street / Cement9422552238 Street / Cement 111.000.653.542.610.310.00 703.00 9.5% Sales Tax 111.000.653.542.610.310.00 66.78 Street / Cement9422569902 Street / Cement 111.000.653.542.610.310.00 786.50 9.5% Sales Tax 111.000.653.542.610.310.00 74.71 Total :5,346.61 128819 11/10/2011 003510 CENTRAL WELDING SUPPLY LY 174662 SUPPLIES GLOVES, GLASSES, ETC. 001.000.640.576.800.310.00 86.19 9.5% Sales Tax 001.000.640.576.800.310.00 8.20 HELIUM FOR GYMNASTICS BALLOONSRN10111018 HELIUM FOR GYMNASTIC PARTY BALLOONS 001.000.640.575.550.450.00 11.00 9.5% Sales Tax 001.000.640.575.550.450.00 1.05 Total :106.44 128820 11/10/2011 003510 CENTRAL WELDING SUPPLY RN10111019 2954000 CYLINDER RENTAL 411.000.656.538.800.450.21 36.50 9.5% Sales Tax 411.000.656.538.800.450.21 3.47 Total :39.97 128821 11/10/2011 073616 CFO SELECTIONS LLC 7817 Jim Tarte - Interim Finance Director 6Page: Packet Page 73 of 408 11/09/2011 Voucher List City of Edmonds 7 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128821 11/10/2011 (Continued)073616 CFO SELECTIONS LLC Jim Tarte - Interim Finance Director 001.000.310.514.100.410.00 5,062.50 Total :5,062.50 128822 11/10/2011 064840 CHAPUT, KAREN E CHAPUT14635 FRIDAY NIGHT OUT FRIDAY NIGHT OUT #14635 001.000.640.574.200.410.00 117.60 Total :117.60 128823 11/10/2011 066070 CIT TECHNOLOGY FIN SERV INC 20334500 COPIER LEASE PW copier lease for PW 001.000.650.519.910.450.00 643.07 Total :643.07 128824 11/10/2011 069457 CITY OF EDMONDS ENG20110319 MILLTOWN COURTYARD PERMIT FEES MILLTOWN COURTYARD RIGHT OF WAY PERMIT 132.000.640.594.760.310.00 260.00 Total :260.00 128825 11/10/2011 019215 CITY OF LYNNWOOD 8973 MONTHLY MAINT/OPERATIONS SEWER COSTS MONTHLY MAINT/OPERATIONS SEWER COSTS 411.000.655.535.800.472.00 27,602.00 Total :27,602.00 128826 11/10/2011 019215 CITY OF LYNNWOOD 8968 INV#8968 CUST#47 - EDMONDS PD -NARCS SGT NARCOTICS SGT JULY-SEPT 2011 104.000.410.521.210.510.00 9,988.19 INV#8975 CUST#1430 - EDMONDS PD8975 VERIZON PHONE NARCS 10/11 104.000.410.521.210.420.00 100.86 INV#8976 CUST#45 - EDMONDS PD8976 NEXTEL PHONE FOR NARCS 10/11 104.000.410.521.210.420.00 57.36 Total :10,146.41 128827 11/10/2011 062891 COOK PAGING WA 1126518 8491687 7Page: Packet Page 74 of 408 11/09/2011 Voucher List City of Edmonds 8 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128827 11/10/2011 (Continued)062891 COOK PAGING WA pagers-water 411.000.654.534.800.420.00 3.95 411.000.654.534.800.420.00 0.30 Total :4.25 128828 11/10/2011 065683 CORRY'S FINE DRY CLEANING OCT 2011 DRY CLEANING-EDMONDS PD-SEPT/OCT 2011 DRYCLEANING/LAUNDRY 09 & 10/11 001.000.410.521.220.240.00 1,176.70 Total :1,176.70 128829 11/10/2011 063507 COXLEY, BRUCE 10292011 WEB SITE PHOTOGRAPHY Web Site Photography - 3 on 3 001.000.310.518.880.410.00 165.00 Total :165.00 128830 11/10/2011 072189 DATASITE 71534 INV#71534 - EDMONDS PD - OCT 2011 SHREDDING 1 TOTE - 10/20/11 001.000.410.521.100.410.00 40.00 Total :40.00 128831 11/10/2011 072189 DATASITE 71533 SHREDDED SHREDDED 001.000.230.512.501.490.00 50.00 Total :50.00 128832 11/10/2011 072189 DATASITE 24880 STORAGE Records Storage 001.000.250.514.300.410.00 65.00 SHREDDING SERVICES/CABINETS71497 Doc Shred Services City Clerk 001.000.250.514.300.410.00 25.00 Doc Shred Services Finance 001.000.310.514.230.410.00 25.00 Total :115.00 8Page: Packet Page 75 of 408 11/09/2011 Voucher List City of Edmonds 9 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128833 11/10/2011 061570 DAY WIRELESS SYSTEMS - 16 152972 INV#152972 - EDMONDS PD CALIBRATION #05653~16 001.000.410.521.220.480.00 80.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.79 INV#152973 - EDMONDS PD152973 CALIBRATION #05654~16 001.000.410.521.220.480.00 80.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.79 INV#152974 - EDMONDS PD152974 CALIBRATION #08496~16 001.000.410.521.220.480.00 80.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.79 INV#152975 - EDMONDS PD152975 CALIBRATION #GHD-02443 ~16 001.000.410.521.220.480.00 80.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.79 INV#152977 - EDMONDS PD152977 CALIBRATION #LP03241 001.000.410.521.220.480.00 80.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.79 9Page: Packet Page 76 of 408 11/09/2011 Voucher List City of Edmonds 10 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128833 11/10/2011 (Continued)061570 DAY WIRELESS SYSTEMS - 16 INV#152978 - EDMONDS PD152978 CALIBRATION #LP03242 001.000.410.521.220.480.00 80.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.79 INV#152979 - EDMONDS PD152979 CALIBRATION #LP03397 001.000.410.521.220.480.00 80.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.79 INV#152980 - EDMONDS PD152980 CALIBRATION #PL22583 001.000.410.521.220.480.00 80.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.79 INV#152981 - EDMONDS PD152981 CALIBRATION #E14920~16 001.000.410.521.220.480.00 80.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.79 Total :808.11 128834 11/10/2011 064531 DINES, JEANNIE 11-3238 MINUTE TAKING 11/1/11 Council Minutes 001.000.250.514.300.410.00 399.00 Total :399.00 10Page: Packet Page 77 of 408 11/09/2011 Voucher List City of Edmonds 11 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128835 11/10/2011 073772 DIRECT MATTERS 51559 SUPPLIES SUPPLIES 001.000.230.512.500.310.00 468.05 Total :468.05 128836 11/10/2011 007675 EDMONDS AUTO PARTS 41137 2005 BRAKE CLEAN 411.000.656.538.800.310.21 83.52 9.5% Sales Tax 411.000.656.538.800.310.21 7.93 200041236 BATTERY 411.000.656.538.800.310.21 87.89 9.5% Sales Tax 411.000.656.538.800.310.21 8.35 Total :187.69 128837 11/10/2011 070676 EFFICIENCY INC 12120113 MAINT ON FTR GOLD RECORDER MAINT ON FTR GOLD RECORDER 001.000.250.514.300.480.00 381.42 MAINT ON FTR GOLD RECORDER 001.000.230.512.500.480.00 381.44 MAINT ON FTR GOLD RECORDER 001.000.620.558.600.490.00 381.42 Total :1,144.28 128838 11/10/2011 008812 ELECTRONIC BUSINESS MACHINES 069970 MAINT ON COPIER MAINT ON COPIER 001.000.230.512.500.480.00 90.00 Total :90.00 128839 11/10/2011 008812 ELECTRONIC BUSINESS MACHINES 070215 COPIER LEASE COPIER LEASE/RECREATION OFFICE 001.000.640.574.100.450.00 137.90 9.5% Sales Tax 001.000.640.574.100.450.00 13.10 11Page: Packet Page 78 of 408 11/09/2011 Voucher List City of Edmonds 12 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128839 11/10/2011 (Continued)008812 ELECTRONIC BUSINESS MACHINES COPIER LEASE070395 PARK MAINTENANCE COPIER 001.000.640.576.800.450.00 13.83 9.5% Sales Tax 001.000.640.576.800.450.00 1.31 Total :166.14 128840 11/10/2011 073455 ELPAC 25309 5016 ELECTRICAL SAFE RELAY PANEL 411.000.656.538.800.310.22 2,795.00 Sales Tax 411.000.656.538.800.310.22 257.14 Total :3,052.14 128841 11/10/2011 065958 EZ-LINER 57104 Unit 46 - Paint Pump Repair Kit Unit 46 - Paint Pump Repair Kit 511.000.657.548.680.310.00 1,286.10 Freight 511.000.657.548.680.310.00 14.17 Total :1,300.27 128842 11/10/2011 066378 FASTENAL COMPANY WAMOU24357 SUPPLIES SUPPLIES 001.000.640.576.800.310.00 42.97 9.5% Sales Tax 001.000.640.576.800.310.00 4.08 Total :47.05 128843 11/10/2011 065427 FCS GROUP 1893-21110105 E1JC.SERVICES THRU 10/21/11 E1JC.Services thru 10/21/11 412.100.630.594.320.410.00 1,043.33 E1JC.Services thru 10/21/11 412.200.630.594.320.410.00 1,043.33 E1JC.Services thru 10/21/11 412.300.630.594.320.410.00 1,043.34 12Page: Packet Page 79 of 408 11/09/2011 Voucher List City of Edmonds 13 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :3,130.0012884311/10/2011 065427 065427 FCS GROUP 128844 11/10/2011 009815 FERGUSON ENTERPRISES INC 0315753 Water Supplies - Test Ball Water Supplies - Test Ball 411.000.654.534.800.310.00 141.24 7.7% sales tax 411.000.654.534.800.310.00 10.88 Total :152.12 128845 11/10/2011 011900 FRONTIER 425-771-0158 FS # 16 FS #16 001.000.651.519.920.420.00 165.98 CITY HALL FIRE ALARM SYSTEM425-776-6829 CITY HALL FIRE ALARM SYSTEM 001.000.651.519.920.420.00 111.34 1ST & PINE CIRCUIT LINE PT EDWARDS425-AB9-0530 1st & Pine Circuit Line for Pt Edwards 411.000.655.535.800.420.00 40.75 Total :318.07 128846 11/10/2011 011900 FRONTIER 425-712-0647 IRRIGATION SYSTEM IRRIGATION SYSTEM 001.000.640.576.800.420.00 41.65 MEADOWDALE PRESCHOOL425-745-5055 MEADOWDALE PRESCHOOL 001.000.640.575.560.420.00 66.66 Total :108.31 128847 11/10/2011 011900 FRONTIER 425 771-5553 03 0210 1014522641 07 AUTO DIALER 411.000.656.538.800.420.00 95.16 03 0210 1079569413 10425 NW1-0060 AUTO DIALER 411.000.656.538.800.420.00 41.47 03 0210 1099569419-02425 NW1-0155 AUTO DIALER 13Page: Packet Page 80 of 408 11/09/2011 Voucher List City of Edmonds 14 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128847 11/10/2011 (Continued)011900 FRONTIER 411.000.656.538.800.420.00 218.12 Total :354.75 128848 11/10/2011 068265 FRONTIER ONLINE 41755192 WATER - BROADBAND SERVICE Water- Broadband Service for 411.000.654.534.800.420.00 81.49 Total :81.49 128849 11/10/2011 012190 GORSUCH, BRUCE GORSUCH14556 ANCESTRY CLASS I'M RELATED TO WHOM? #14556 001.000.640.574.200.410.00 64.80 Total :64.80 128850 11/10/2011 012199 GRAINGER 9668412191 MILLTOWN COURTYARD PUMP MILLTOWN COURTYARD SUBMERSIBLE SEWAGE 132.000.640.594.760.310.00 514.80 9.5% Sales Tax 132.000.640.594.760.310.00 48.90 Total :563.70 128851 11/10/2011 067693 GRANITE PRECASTING & CONCRETE 45588 BNSF Main St Double Track BNSF Main St Double Track 411.000.652.542.400.310.00 1,714.40 9.5% Sales Tax 411.000.652.542.400.310.00 162.87 Total :1,877.27 128852 11/10/2011 068011 HALLAM, RICHARD 73 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 210.00 Total :210.00 128853 11/10/2011 060985 HARRINGTON INDUSTRIAL PLASTICS 007C7668 036570 PVC ELBOW 411.000.656.538.800.310.21 80.75 14Page: Packet Page 81 of 408 11/09/2011 Voucher List City of Edmonds 15 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :80.7512885311/10/2011 060985 060985 HARRINGTON INDUSTRIAL PLASTICS 128854 11/10/2011 071368 HEFFERAN, BRIGITTE HEFFERAN14577 CALLIGRAPHY CLASSES CALLIGRAPHY #14577 001.000.640.574.200.410.00 764.40 CALLIGRAPHY #14578 001.000.640.574.200.410.00 273.00 Total :1,037.40 128855 11/10/2011 013140 HENDERSON, BRIAN 74 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 92.92 Total :92.92 128856 11/10/2011 013500 HINGSON, ROBERT 72 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 53.00 Total :53.00 128857 11/10/2011 067862 HOME DEPOT CREDIT SERVICES 5044380 6035322500959949 MIROWAVE 411.000.656.538.800.310.23 318.00 9.5% Sales Tax 411.000.656.538.800.310.23 30.21 60353225009599496040018 JET DRY 411.000.656.538.800.310.23 26.72 9.5% Sales Tax 411.000.656.538.800.310.23 2.54 Total :377.47 128858 11/10/2011 060165 HWA GEOSCIENCES INC 22646 E0JA/E7JA-SERVICES THRU 10/29/11 E0JA/E7JA-Services thru 10/29/11 412.100.630.594.320.410.00 1,259.50 Total :1,259.50 128859 11/10/2011 072047 ICLEI 3649 ICLEI MEMBERSHIP 15Page: Packet Page 82 of 408 11/09/2011 Voucher List City of Edmonds 16 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128859 11/10/2011 (Continued)072047 ICLEI ICLEI MEMBERSHIP 001.000.210.513.100.490.00 600.00 Total :600.00 128860 11/10/2011 070042 IKON 85832840 Rent on reception copier for billing Rent on reception copier for billing 001.000.620.558.800.450.00 30.66 Total :30.66 128861 11/10/2011 006841 IKON OFFICE SOLUTIONS 5021243175 Meter charges from 10/1-10/31/11 for Meter charges from 10/1-10/31/11 for 001.000.620.558.800.450.00 42.63 Meter charges for Engineering copier5021243176 Meter charges for Engineering copier 001.000.620.558.800.450.00 323.87 Total :366.50 128862 11/10/2011 073548 INDOFF INCORPORATED 1972689 DESKTOP SET/DRY ERASE MARKERS/COPIER DESKTOP SET/DRY ERASE MARKERS/COPIER 411.000.656.538.800.310.41 146.47 9.5% Sales Tax 411.000.656.538.800.310.41 13.92 Total :160.39 128863 11/10/2011 073548 INDOFF INCORPORATED 1968406 Misc. office supplies including Misc. office supplies including 001.000.620.558.800.310.00 291.82 9.5% Sales Tax 001.000.620.558.800.310.00 27.73 Misc. office supplies including1968525 Misc. office supplies including 001.000.620.558.800.310.00 50.97 9.5% Sales Tax 001.000.620.558.800.310.00 4.84 Total :375.36 16Page: Packet Page 83 of 408 11/09/2011 Voucher List City of Edmonds 17 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128864 11/10/2011 068952 INFINITY INTERNET 2991684 PRESCHOOL INTERNET SERVICE MEADOWDALE PRESCHOOL INTERNET ACCESS 001.000.640.575.560.420.00 15.00 Total :15.00 128865 11/10/2011 073861 ITT WATER & WASTEWATER USA 07658852 C-365 A BASIN UPGRADE C-365 A BASIN UPGRADE 414.000.656.594.320.650.10 45,000.00 Total :45,000.00 128866 11/10/2011 015270 JCI JONES CHEMICALS INC 527703 54278825 HYPOCHLORITE SOLUTION 411.000.656.538.800.310.53 3,090.76 9.5% Sales Tax 411.000.656.538.800.310.53 291.58 Total :3,382.34 128867 11/10/2011 073780 KAMINS, CHAD E7CB.Pmt 3 E7CB.PMT 3 THRU 10/28/11 E7CB.Pmt 3 thru 10/28/11 112.200.630.595.330.650.00 145,926.30 E7CB.Ret 3 112.200.000.223.400.000.00 -7,296.32 Total :138,629.98 128868 11/10/2011 072650 KCDA PURCHASING COOPERATIVE 3527319 INV#3527319 CUST#100828 - EDMONDS PD 10 CASES MULTI USE COPY PAPER 001.000.410.521.100.310.00 253.10 HANDLING FEE 001.000.410.521.100.310.00 38.00 9.5% Sales Tax 001.000.410.521.100.310.00 24.04 Total :315.14 128869 11/10/2011 071779 KING SALMON MARINE INC 003872 Unit M16 - Service Call Unit M16 - Service Call 511.000.657.548.680.480.00 237.50 17Page: Packet Page 84 of 408 11/09/2011 Voucher List City of Edmonds 18 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :237.5012886911/10/2011 071779 071779 KING SALMON MARINE INC 128870 11/10/2011 073840 LANE INTERNATIONAL CORP 9-0221 Water - Vault Ladder Water - Vault Ladder 411.000.654.534.800.310.00 265.00 Freight 411.000.654.534.800.310.00 68.70 Total :333.70 128871 11/10/2011 067725 LES SCHWAB TIRE CENTER 214646 Unit 81 - Alignment Unit 81 - Alignment 511.000.657.548.680.480.00 28.50 9.5% Sales Tax 511.000.657.548.680.480.00 2.71 Unit 680 - Alignment214726 Unit 680 - Alignment 511.000.657.548.680.480.00 28.50 9.5% Sales Tax 511.000.657.548.680.480.00 2.71 Unit 31 - 4 Highway Tires214844 Unit 31 - 4 Highway Tires 511.000.657.548.680.310.00 1,951.80 9.5% Sales Tax 511.000.657.548.680.310.00 189.42 Total :2,203.64 128872 11/10/2011 069634 LEXISNEXIS 1201641-20110930 INV 1201641-20110930 EDMONDS PD SEARCHES & REPORTS 09/11 001.000.410.521.210.410.00 62.45 9.5% Sales Tax 001.000.410.521.210.410.00 5.93 INV 1201641-20111031 EDMONDS PD1201641-20111031 OCT 2011 MINIMUM COMMITMENT 001.000.410.521.210.410.00 50.00 9.5% Sales Tax 001.000.410.521.210.410.00 4.75 18Page: Packet Page 85 of 408 11/09/2011 Voucher List City of Edmonds 19 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :123.1312887211/10/2011 069634 069634 LEXISNEXIS 128873 11/10/2011 018950 LYNNWOOD AUTO PARTS INC 643513 #31 oil Fil #31 oil Fil 511.000.657.548.680.310.00 30.90 9.5% Sales Tax 511.000.657.548.680.310.00 2.94 #31, Wthrstrap, lubric643545 #31, Wthrstrap, lubric 511.000.657.548.680.310.00 28.46 9.5% Sales Tax 511.000.657.548.680.310.00 2.70 #22 Oil Fil643759 #22 Oil Fil 511.000.657.548.680.310.00 16.95 9.5% Sales Tax 511.000.657.548.680.310.00 1.61 Shop643779 Shop 511.000.657.548.680.310.00 3.76 9.5% Sales Tax 511.000.657.548.680.310.00 0.36 NTH adapter643810 NTH adapter 511.000.657.548.680.310.00 8.45 9.5% Sales Tax 511.000.657.548.680.310.00 0.80 #138 Fuel Filter643915 #138 Fuel Filter 511.000.657.548.680.310.00 18.36 9.5% Sales Tax 511.000.657.548.680.310.00 1.74 #424 Head Gasket, bk control644339 #424 Head Gasket, bk control 511.000.657.548.680.310.00 63.63 9.5% Sales Tax 19Page: Packet Page 86 of 408 11/09/2011 Voucher List City of Edmonds 20 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128873 11/10/2011 (Continued)018950 LYNNWOOD AUTO PARTS INC 511.000.657.548.680.310.00 6.04 P-3 33G-POL644366 P-3 33G-POL 511.000.657.548.680.310.00 32.10 9.5% Sales Tax 511.000.657.548.680.310.00 3.05 #106 Oil Fil644562 #106 Oil Fil 511.000.657.548.680.310.00 17.38 9.5% Sales Tax 511.000.657.548.680.310.00 1.65 #63 Oil Fil644750 #63 Oil Fil 511.000.657.548.680.310.00 5.19 9.5% Sales Tax 511.000.657.548.680.310.00 0.49 #63 Fuel Filter644751 #63 Fuel Filter 511.000.657.548.680.310.00 12.16 9.5% Sales Tax 511.000.657.548.680.310.00 1.16 #18 ECH Switch, lmp bulb644862 #18 ECH Switch, lmp bulb 511.000.657.548.680.310.00 16.70 9.5% Sales Tax 511.000.657.548.680.310.00 1.59 #18 lmp bulb, fuel fi644939 #18 lmp bulb, fuel fi 511.000.657.548.680.310.00 14.40 9.5% Sales Tax 511.000.657.548.680.310.00 1.37 #18 lmp bulb645030 #18 lmp bulb 511.000.657.548.680.310.00 10.69 20Page: Packet Page 87 of 408 11/09/2011 Voucher List City of Edmonds 21 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128873 11/10/2011 (Continued)018950 LYNNWOOD AUTO PARTS INC 9.5% Sales Tax 511.000.657.548.680.310.00 1.02 #62 PTEX anti-seize645139 #62 PTEX anti-seize 511.000.657.548.680.310.00 21.99 9.5% Sales Tax 511.000.657.548.680.310.00 2.09 #8 - Oil Fil, Fuel Fil, V Belts645235 #8 - Oil Fil, Fuel Fil, V Belts 511.000.657.548.680.310.00 49.39 9.5% Sales Tax 511.000.657.548.680.310.00 4.69 Total :383.81 128874 11/10/2011 069362 MARSHALL, CITA 717 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 88.32 Total :88.32 128875 11/10/2011 072771 MARVIN, SUE MARVIN14576 BASKETRY CLASS BASKETRY: SMALL ASH & MAPLE MARKET 001.000.640.574.200.410.00 220.50 Total :220.50 128876 11/10/2011 065713 MASONS SUPPLY COMPANY 2152664-00 BNSF Main St Double Track - Cement BNSF Main St Double Track - Cement 411.000.652.542.400.410.00 842.40 Sales Tax 411.000.652.542.400.410.00 64.87 Total :907.27 128877 11/10/2011 019920 MCCANN, MARIAN 75 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.290.00 6,817.50 Total :6,817.50 21Page: Packet Page 88 of 408 11/09/2011 Voucher List City of Edmonds 22 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128878 11/10/2011 020039 MCMASTER-CARR SUPPLY CO 99217233 123106800 QUARTZ DISC/CAP SCREW 411.000.656.538.800.310.21 251.63 Freight 411.000.656.538.800.310.21 5.44 Total :257.07 128879 11/10/2011 063773 MICROFLEX 00020296 10-11 TAX AUDIT PROGRAM TAX AUDIT PROGRAM 001.000.310.514.230.410.00 94.86 Total :94.86 128880 11/10/2011 071011 MIDCO-WEST INC 445000924 25680 INSTALL/MAINT. VALVE/HOSE REEL ON FORK 411.000.656.538.800.480.21 3,534.05 Freight 411.000.656.538.800.480.21 27.95 9.5% Sales Tax 411.000.656.538.800.480.21 338.39 25680460000701 FORK LIFT RENTAL 411.000.656.538.800.480.21 200.00 9.5% Sales Tax 411.000.656.538.800.480.21 19.00 Total :4,119.39 128881 11/10/2011 020495 MIDWAY PLYWOOD INC C60315 MILLTOWN PROJECT - WOOD SUPPLIES MILLTOWN PROJECT - WOOD SUPPLIES 132.000.640.594.760.310.00 333.55 9.5% Sales Tax 132.000.640.594.760.310.00 31.69 FAC MAINT SHOP SUPPLIESC60321 FAC MAINT SHOP SUPPLIES 001.000.651.519.920.310.00 51.00 9.5% Sales Tax 001.000.651.519.920.310.00 4.85 22Page: Packet Page 89 of 408 11/09/2011 Voucher List City of Edmonds 23 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128881 11/10/2011 (Continued)020495 MIDWAY PLYWOOD INC MILLTOWN PARK PROJECT - WOOD SUPPLIESC60361 MILLTOWN PARK PROJECT - WOOD SUPPLIES 132.000.640.594.760.310.00 1,340.00 9.5% Sales Tax 132.000.640.594.760.310.00 127.30 Total :1,888.39 128882 11/10/2011 020900 MILLERS EQUIP & RENT ALL INC 137568 CLEANER ULTRASONIC CLEANER 001.000.640.576.800.310.00 90.00 9.5% Sales Tax 001.000.640.576.800.310.00 8.55 Total :98.55 128883 11/10/2011 020900 MILLERS EQUIP & RENT ALL INC 137267 Street Supplies Street Supplies 111.000.653.542.710.310.00 37.75 9.5% Sales Tax 111.000.653.542.710.310.00 3.59 Total :41.34 128884 11/10/2011 070905 MUTH, MALYA MUTH14630 AUDITION WORKSHOP AUDITION WORKSHOP #14630 001.000.640.574.200.410.00 362.70 Total :362.70 128885 11/10/2011 064024 NAT'L ASSOC FOR COURT MNGMNT 2012 NATIONAL MEMBERSHIP NATIONAL MEMBERSHIP 001.000.230.512.500.490.00 125.00 Total :125.00 128886 11/10/2011 024960 NORTH COAST ELECTRIC COMPANY S4232418.001 2091 ELECTRICAL SUPPLIES 411.000.656.538.800.310.22 471.03 9.5% Sales Tax 23Page: Packet Page 90 of 408 11/09/2011 Voucher List City of Edmonds 24 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128886 11/10/2011 (Continued)024960 NORTH COAST ELECTRIC COMPANY 411.000.656.538.800.310.22 43.33 2091S4232418.002 TERMINAL BLOCK 411.000.656.538.800.310.22 23.52 9.5% Sales Tax 411.000.656.538.800.310.22 2.16 Total :540.04 128887 11/10/2011 073678 NORTHSHORE FITNESS LLC NORTHSHORE14566 ZUMBA CLASSES ZUMBA #14566 001.000.640.575.540.410.00 176.80 Total :176.80 128888 11/10/2011 025690 NOYES, KARIN 000 00 246 Historic Preservation Commission Historic Preservation Commission 001.000.620.558.600.410.00 112.00 Architectural Design Board Minutes on000 00 250 Architectural Design Board Minutes on 001.000.620.558.600.410.00 128.00 Total :240.00 128889 11/10/2011 063511 OFFICE MAX INC 035692 INV#035692 ACCT#520437 250POL EDMONDS PD HP CARTRIDGE q6511x 001.000.410.521.210.310.00 214.10 9.5% Sales Tax 001.000.410.521.210.310.00 20.35 Total :234.45 128890 11/10/2011 063511 OFFICE MAX INC 123156 PRINT CARTRIDGE HP TONER 001.000.640.574.100.310.00 130.44 9.5% Sales Tax 001.000.640.574.100.310.00 12.39 Total :142.83 128891 11/10/2011 063511 OFFICE MAX INC 013909 OFFICE SUPPLIES 24Page: Packet Page 91 of 408 11/09/2011 Voucher List City of Edmonds 25 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128891 11/10/2011 (Continued)063511 OFFICE MAX INC Office Supplies 001.000.250.514.300.310.00 110.04 9.5% Sales Tax 001.000.250.514.300.310.00 10.45 Total :120.49 128892 11/10/2011 070166 OFFICE OF THE STATE TREASURER October 2011 COURT, BLDG CODE & JIS TRANSMITTAL Emergency Medical Services & Trauma 001.000.000.237.120.000.00 1,920.31 PSEA 1, 2 & 3 Account 001.000.000.237.130.000.00 35,659.22 Building Code Fee Account 001.000.000.237.150.000.00 277.50 State Patrol Death Investigation 001.000.000.237.330.000.00 13.22 Judicial Information Systems Account 001.000.000.237.180.000.00 6,975.98 School Zone Safety Account 001.000.000.237.200.000.00 285.12 Washington Auto Theft Prevention 001.000.000.237.250.000.00 3,760.66 Traumatic Brain Injury 001.000.000.237.260.000.00 717.09 Accessible Communities Acct 001.000.000.237.290.000.00 5.55 Multi-Model Transportation 001.000.000.237.300.000.00 5.56 Hwy Safety Acct 001.000.000.237.320.000.00 21.02 Crime Lab Blood Breath Analysis 001.000.000.237.170.000.00 357.00 WSP Hwy Acct 001.000.000.237.340.000.00 75.59 Total :50,073.82 25Page: Packet Page 92 of 408 11/09/2011 Voucher List City of Edmonds 26 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128893 11/10/2011 068709 OFFICETEAM 34211372 TEMPORARY HELP Temp Help Clerk's Office 001.000.250.514.300.410.00 687.42 Total :687.42 128894 11/10/2011 073751 OKANOGAN COUNTRY SHERIFF 10/11 OKANOGAN 10/11 OKANOGAN COUNTY PRISONER HOUSING 52 INMATE HOUSING DAYS - 10/11 001.000.410.523.600.510.00 1,652.00 INMATE MEDICATION 001.000.410.523.600.310.00 1.05 Total :1,653.05 128895 11/10/2011 026200 OLYMPIC VIEW WATER DISTRICT 0021400 FIRE STATION #20 FIRE STATION #20 001.000.651.519.920.470.00 161.79 Total :161.79 128896 11/10/2011 026200 OLYMPIC VIEW WATER DISTRICT 0000130 220TH ST SW & 84TH AVE W 220TH ST SW & 84TH AVE W 001.000.640.576.800.470.00 12.14 820 15TH ST SW0001520 820 15TH ST SW/CEMETERY 130.000.640.536.500.470.00 30.09 820 15TH ST SW/CEMETERY0001530 820 15TH ST SW/CEMETERY 130.000.640.536.500.470.00 130.60 5TH & ST RTE0002930 5TH & ST RTE 104/SPRINKLER 001.000.640.576.800.470.00 26.19 9803 EDMONDS WAY0005060 9803 EDMONDS WAY 001.000.640.576.800.450.00 13.45 SIDEWALK NEAR 10415 226TH PL0026390 SIDEWALK NEAR 10415 226TH PL 001.000.640.576.800.470.00 13.45 26Page: Packet Page 93 of 408 11/09/2011 Voucher List City of Edmonds 27 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :225.9212889611/10/2011 026200 026200 OLYMPIC VIEW WATER DISTRICT 128897 11/10/2011 073822 PACIFIC NORTHWEST TITLE CO 3375-31465 E8GA.TITLE REPORT.STRICKLAND EASEMENT E8GA.Title Report.Strickland Easement 412.100.630.594.320.410.00 421.60 E8GA.Title Report.Strickland Easement 412.300.630.594.320.410.00 353.60 Total :775.20 128898 11/10/2011 066339 PACIFIC OFFICE AUTOMATION E48649 Color copy overage fee - Color 849 Color copy overage fee - Color 849 411.000.654.534.800.480.00 27.66 Color copy overage fee - Color 849 411.000.655.535.800.480.00 27.66 Color copy overage fee - Color 849 411.000.652.542.900.480.00 27.66 Color copy overage fee - Color 849 111.000.653.542.900.480.00 27.65 9.5% Sales Tax 411.000.654.534.800.480.00 2.63 9.5% Sales Tax 411.000.655.535.800.480.00 2.63 9.5% Sales Tax 411.000.652.542.900.480.00 2.63 9.5% Sales Tax 111.000.653.542.900.480.00 2.62 Total :121.14 128899 11/10/2011 027060 PACIFIC TOPSOILS 13533 TOPSOIL TOPSOIL 001.000.640.576.800.310.00 325.00 9.5% Sales Tax 001.000.640.576.800.310.00 30.88 Total :355.88 128900 11/10/2011 027279 PATRICK & CO 839920 INV#839920 ACCT#26925 - EDMONDS PD 27Page: Packet Page 94 of 408 11/09/2011 Voucher List City of Edmonds 28 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128900 11/10/2011 (Continued)027279 PATRICK & CO DOG AND PET LICENSE TAGS 001.000.410.521.700.310.00 420.00 11/16" O.D. RINGS 001.000.410.521.700.310.00 38.38 FLAT-PAK 001.000.410.521.700.310.00 166.68 Freight 001.000.410.521.700.310.00 66.25 Total :691.31 128901 11/10/2011 073489 PAYTON, JOHN SCOTT PAYTON14317 FISHING IN WASHINGTON FISHING IN WASHINGTON #14317 001.000.640.574.200.410.00 549.25 Total :549.25 128902 11/10/2011 069690 PERFORMANCE RADIATOR 3670046 Unit G20 - Radiator Unit G20 - Radiator 511.000.657.548.680.310.00 295.00 9.5% Sales Tax 511.000.657.548.680.310.00 28.03 Unit 337 - Radiator3672937 Unit 337 - Radiator 511.000.657.548.680.310.00 133.00 9.5% Sales Tax 511.000.657.548.680.310.00 12.64 Total :468.67 128903 11/10/2011 063951 PERTEET ENGINEERING INC 20110010.000-2 E7AC.SERVICES THRU 9/25/11 E7AC.Services thru 9/25/11 112.200.630.595.330.410.00 15,307.30 E7CB.SERVICES THRU 9/25/1127096.000-34 E7CB.Services thru 9/25/11 112.200.630.595.330.410.00 336.09 Total :15,643.39 28Page: Packet Page 95 of 408 11/09/2011 Voucher List City of Edmonds 29 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128904 11/10/2011 073546 PITNEY BOWES RESERVE ACCOUNT 1142011 POSTAGE FOR CITY METER Postage for City Meter250-00272 001.000.250.514.300.420.00 8,000.00 Total :8,000.00 128905 11/10/2011 046900 PUGET SOUND ENERGY 7918807004 YOST POOL YOST POOL 001.000.640.576.800.470.00 159.88 Total :159.88 128906 11/10/2011 070809 PUGET SOUND EXECUTIVE 11-716 COURT SECURITY COURT SECURITY 001.000.230.512.500.410.00 2,326.88 Total :2,326.88 128907 11/10/2011 069062 RONGERUDE, JOHN 7660 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.390.512.520.410.00 1,800.00 Total :1,800.00 128908 11/10/2011 071467 S MORRIS COMPANY OCT 2011 INVOICE 10/30/11 ACCT#70014 - EDMONDS PD #802468 - 3 NPC 10/10/11 001.000.410.521.700.410.00 32.04 #690438 - 9 NPC 10/24/11 001.000.410.521.700.410.00 96.12 Total :128.16 128909 11/10/2011 073859 SIMMONS, SHELLY SIMMONS14465 ZUMBATOMIC CLASSES ZUMBATOMIC #14465 001.000.640.574.200.410.00 243.60 ZUMBATOMIC #14462 001.000.640.574.200.410.00 252.30 Total :495.90 128910 11/10/2011 037375 SNO CO PUD NO 1 201711785 STREET LIGHTING (150 WATTS = 183 LIGHTS Street Lighting (150 Watts = 183 lights 111.000.653.542.630.470.00 1,429.64 29Page: Packet Page 96 of 408 11/09/2011 Voucher List City of Edmonds 30 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128910 11/10/2011 (Continued)037375 SNO CO PUD NO 1 MUNICIPAL ST LIGHTS (200WATTS:303 LITES)202529186 MUNICIPAL ST LIGHTS (200WATTS:303 LITES) 111.000.653.542.630.470.00 2,658.48 MUNICIPAL ST LIGHTS (400WATTS:13 LITES)202529202 MUNICIPAL ST LIGHTING (400WATTS:13 111.000.653.542.630.470.00 184.24 MUNICIPAL ST LIGHTS (100WATTS:2029 LITE)202576153 MUNICIPAL ST LIGHTS (100WATTS:2029 LITE) 111.000.653.542.630.470.00 13,780.53 MUNICIPAL ST LIGHTS (250WATTS:58 LITES)202579488 MUNICIPAL ST LIGHTS (250WATTS:58 LITES) 111.000.653.542.630.470.00 596.97 Total :18,649.86 128911 11/10/2011 037375 SNO CO PUD NO 1 200650851 CITY PARK RESTROOMS CITY PARK RESTROOMS 001.000.640.576.800.470.00 55.16 PARK & MAINTENANCE SHOP200651644 PARK & MAINTENANCE SHOP 001.000.640.576.800.470.00 460.12 PLAYFIELD BLEACHERS200869246 PLAYFIELD BLEACHERS 001.000.640.576.800.470.00 138.82 23700 104TH AVE W201184538 23700 104TH AVE W 001.000.640.576.800.470.00 195.99 PARK GAZEBO201383270 PARK GAZEBO 001.000.640.576.800.470.00 31.04 PLAYFIELD LIGHTS201453057 PLAYFIELD LIGHTS 001.000.640.576.800.470.00 526.46 CITY PARK SOUTH RESTROOMS & COVERED202114484 CITY PARK SOUTH RESTROOMS & COVERED 001.000.640.576.800.470.00 81.69 30Page: Packet Page 97 of 408 11/09/2011 Voucher List City of Edmonds 31 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,489.2812891111/10/2011 037375 037375 SNO CO PUD NO 1 128912 11/10/2011 037375 SNO CO PUD NO 1 133657867 2025-7952-0 VARIOUS LOCATIONS 411.000.656.538.800.471.62 8.07 Total :8.07 128913 11/10/2011 063941 SNO CO SHERIFFS OFFICE I000284274 INV#I000284274 CUST#SSH00095-EDMONDS PD SCSO RANGE USAGE 11HR 10/24/11 001.000.410.521.400.410.00 550.00 SCSO RANGE USAGE 11HR 10/25/11 001.000.410.521.400.410.00 550.00 SCSO RANGE USAGE 9HR 10/28/11 001.000.410.521.400.410.00 450.00 Total :1,550.00 128914 11/10/2011 070167 SNOHOMISH COUNTY TREASURER October 2011 Crime Victims Court Remittance Crime Victims Court Remittance 001.000.000.237.140.000.00 960.43 Total :960.43 128915 11/10/2011 038500 SO COUNTY SENIOR CENTER INC 337 11/11 RECREATION SERVICES CONTRACT FEE 11/11 Recreation Services Contract Fee 001.000.390.519.900.410.00 5,000.00 Total :5,000.00 128916 11/10/2011 038300 SOUND DISPOSAL CO 103585 garbage & recycle for FAC garbage & recycle for FAC 001.000.651.519.920.470.00 674.47 Total :674.47 128917 11/10/2011 038300 SOUND DISPOSAL CO 103587 WASTE DISPOSAL PARK MAINTENANCE SOLID WASTE DISPOSAL 001.000.640.576.800.470.00 642.22 Total :642.22 128918 11/10/2011 038300 SOUND DISPOSAL CO 103584 RECYCLE 31Page: Packet Page 98 of 408 11/09/2011 Voucher List City of Edmonds 32 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128918 11/10/2011 (Continued)038300 SOUND DISPOSAL CO RECYCLE 411.000.656.538.800.475.66 28.25 9.5% Sales Tax 411.000.656.538.800.475.66 1.70 Total :29.95 128919 11/10/2011 071585 STERICYCLE INC 3001618117 INV#3001618117 CUST#6076358 EDMONDS PD MINIMUM MONTHLY SERVICE CHARGE 001.000.410.521.910.410.00 10.00 9.5% Sales Tax 001.000.410.521.910.410.00 0.36 Total :10.36 128920 11/10/2011 071608 STOPTECH LTD 38833 INV#38833 - EDMONDS PD STOP STICK TRAINING KIT W/BAG 001.000.410.521.400.310.00 190.00 TRAINING SLEEVE 001.000.410.521.400.310.00 70.00 Freight 001.000.410.521.400.310.00 18.60 9.5% Sales Tax 001.000.410.521.400.310.00 26.47 Total :305.07 128921 11/10/2011 072555 SYSTEMS DESIGN WEST LLC ED1111 OCT-11 TRANSPORT POSTAGE FOR PRIVATE STM EMS Postage for private statements 001.000.390.526.100.420.00 0.44 Total :0.44 128922 11/10/2011 009350 THE DAILY HERALD COMPANY 10312011 NEWSPAPER ADS Council & Plan Brd Agendas 001.000.250.514.300.440.00 1,939.47 Total :1,939.47 128923 11/10/2011 027269 THE PART WORKS INC 322252 MILLTOWN DRINKING FOUNTAINS 32Page: Packet Page 99 of 408 11/09/2011 Voucher List City of Edmonds 33 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128923 11/10/2011 (Continued)027269 THE PART WORKS INC DRINKING FOUNTAINS FOR MILLTOWN 132.000.640.594.760.310.00 2,823.84 9.5% Sales Tax 132.000.640.594.760.310.00 268.26 Total :3,092.10 128924 11/10/2011 073781 TRICO CONTRACTING INC E8GA.Pmt 3 E8GA.PMT 3 THRU 10/31/11 E8GA.Pmt 3 thru 10/31/11 412.300.630.594.320.650.00 252,780.75 E8GA.Ret 3 412.300.000.223.400.000.00 -11,542.50 Total :241,238.25 128925 11/10/2011 070767 UNITED RENTALS NW INC 952926609-001 Water - Equip Rental for 110 Dayton St Water - Equip Rental for 110 Dayton St 411.000.654.534.800.450.00 477.00 Sales Tax 411.000.654.534.800.450.00 31.55 Total :508.55 128926 11/10/2011 067865 VERIZON WIRELESS 1024433942 C/A 571242650-0001 Blackberry Cell Phone Service Bld Dept 001.000.620.524.100.420.00 112.82 Blackberry Cell Phone Service City Clerk 001.000.250.514.300.420.00 76.97 iPad Cell Phone Service Council 001.000.110.511.100.420.00 830.11 Blackberry Cell Phone Service Court 001.000.230.512.500.420.00 120.00 Blackberry Cell Phone Service Planning 001.000.620.558.600.420.00 76.97 Blackberry Cell Phone Service Econ 001.000.610.519.700.420.00 76.97 Blackberry Cell Phone Service 001.000.620.532.200.420.00 332.28 33Page: Packet Page 100 of 408 11/09/2011 Voucher List City of Edmonds 34 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128926 11/10/2011 (Continued)067865 VERIZON WIRELESS Blackberry Cell Phone Service Facilities 001.000.651.519.920.420.00 113.90 Blackberry Cell Phone Service Finance 001.000.310.514.230.420.00 1,198.90 Blackberry Cell Phone Service HR 001.000.220.516.100.420.00 86.97 Blackberry Cell Phone Service IT 001.000.310.518.880.420.00 1,284.69 Blackberry Cell Phone Service Mayor's 001.000.210.513.100.420.00 186.93 Blackberry Cell Phone Service Parks Dept 001.000.640.574.100.420.00 58.11 Blackberry Cell Phone Service Police 001.000.410.521.220.420.00 1,043.96 Blackberry Air Cards Police Dept 001.000.410.521.220.420.00 774.24 Blackberry Cell Phone Service PW Admin 001.000.650.519.910.420.00 76.97 Blackberry Cell Phone Service PW St Dept 111.000.653.542.900.420.00 72.92 Blackberry Cell Phone Service PW Fleet 511.000.657.548.680.420.00 58.11 Blackberry Cell Phone Service PW Water/ 411.000.654.534.800.420.00 50.71 Blackberry Cell Phone Service PW Water/ 411.000.655.535.800.420.00 50.71 Blackberry Cell Phone Service Sewer Dept 411.000.655.535.800.420.00 101.42 Blackberry Cell Phone Service WWTP 411.000.656.538.800.420.00 114.47 Blackberry Cell Phone Service Water 411.000.654.534.800.420.00 144.13 Total :7,043.26 34Page: Packet Page 101 of 408 11/09/2011 Voucher List City of Edmonds 35 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128927 11/10/2011 069836 VOLT SERVICE GROUP 25966673 Alecia Cox - clerical services w/e Alecia Cox - clerical services w/e 001.000.650.519.910.410.00 839.20 Alecia Cox - clerical services - w/e26011789 Alecia Cox - clerical services - w/e 001.000.650.519.910.410.00 839.20 Total :1,678.40 128928 11/10/2011 047200 WA RECREATION & PARK ASSOC 11-705 RISK MANAGEMENT SCHOOL RISK MANAGEMENT SCHOOL REGISTRATION: 001.000.640.574.200.490.00 288.00 Total :288.00 128929 11/10/2011 068259 WA ST CRIMINAL JUSTICE 2013-0160 0510-1 SWAT BASIC - FRAUSTO, LAVELY 0510-01 SWAT BASIC - FRAUSTO 001.000.410.521.400.430.00 600.00 0510-01 SWAT BASIC - LAVELY 001.000.410.521.400.430.00 600.00 Total :1,200.00 128930 11/10/2011 061395 WASTE MANAGEMENT NW 7071301-2677-4 201-0170717-2677-6 ASH DISPOSAL 411.000.656.538.800.474.65 887.54 Total :887.54 128931 11/10/2011 073552 WELCO SALES LLC 5260 INV#5260 - EDMONDS PD NOTICE OF ALARM DOOR HANGERS 001.000.410.521.220.310.00 115.00 9.5% Sales Tax 001.000.410.521.220.310.00 10.93 INV#5290 - EDMONDS PD5290 ENVELOPES FOR NOTE CARDS 001.000.410.521.100.310.00 97.64 NOTE CARDS W/PHOTO 001.000.410.521.100.310.00 130.00 9.5% Sales Tax 35Page: Packet Page 102 of 408 11/09/2011 Voucher List City of Edmonds 36 3:24:31PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 128931 11/10/2011 (Continued)073552 WELCO SALES LLC 001.000.410.521.100.310.00 21.63 INV#5291 - EDMONDS PD5291 CITY OF EDMONDS PEEL-OFF SEALS 001.000.410.521.100.310.00 115.00 9.5% Sales Tax 001.000.410.521.100.310.00 10.93 Total :501.13 128932 11/10/2011 073479 WU, THOMAS 1118 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 148.37 Total :148.37 Bank total :682,552.70131 Vouchers for bank code :front 682,552.70Total vouchers :Vouchers in this report131 36Page: Packet Page 103 of 408 AM-4322   Item #: 2. E. City Council Meeting Date: 11/15/2011 Time:Consent   Submitted By:Linda Hynd Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Acknowledge receipt of a Claim for Damages from Lynn Wallace ($602.25) and Sandra S. Hachler ($1,569.18). Recommendation from Mayor and Staff It is recommended that the City COuncil acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative Lynn Wallace 210 8th Avenue S. Edmonds, WA 98020 ($602.25) Sandra S. Hachler 1111 Sierra Place Edmonds, WA 98020 ($1,569.18) Attachments Wallace Claim for Damages S. Hachler Claim for Damages Form Review Inbox Reviewed By Date Community Services/Economic Dev.Stephen Clifton 11/08/2011 01:37 PM Final Approval Sandy Chase 11/09/2011 11:02 AM Form Started By: Linda Hynd Started On: 10/31/2011 01:10 PM Final Approval Date: 11/09/2011  Packet Page 104 of 408 Packet Page 105 of 408 Packet Page 106 of 408 Packet Page 107 of 408 AM-4350   Item #: 2. F. City Council Meeting Date: 11/15/2011 Time:Consent   Submitted For:Phil Williams Submitted By:Debbie Karber Department:Public Works Review Committee: Finance Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Authorization for Mayor to sign Addendum No. 1 to the Facilities Lease with Clearwire LLC, for an additional five years. Recommendation from Mayor and Staff It is recommended that Council authorize the Mayor to sign Addendum No. 1 to the Facilities Lease with Clearwire Wireless LLC. 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 facility on a tower loeased to VoiceStream Wireless at the Five-Corners reservoir site. Narrative On May 2, 2006 the Edmonds 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 of the lease 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 9.3 allows for an increase of 3 percent per year for the first four years of the contract. Increases if any, for future years beyond the fifth year shall be negotiated in accordance with Section 4 of the Facilities Contract. This amendment changes the annual rental increase from 3% to 4% OR the Seattle-Tacoma-Bremerton CPI-U (October to October) whichever is greater. Clearwire has verbally agreed to the terms. Attachments ClearWire Facilities Lease Amendment No. 1 to Facilities Lease Form Review Inbox Reviewed By Date Public Works Phil Williams 11/08/2011 03:07 PM Packet Page 108 of 408 City Clerk Sandy Chase 11/08/2011 05:11 PM Community Services/Economic Dev.Stephen Clifton 11/09/2011 10:47 AM Final Approval Sandy Chase 11/09/2011 11:02 AM Form Started By: Debbie Karber Started On: 11/08/2011 09:48 AM Final Approval Date: 11/09/2011  Packet Page 109 of 408 Packet Page 110 of 408 Packet Page 111 of 408 Packet Page 112 of 408 Packet Page 113 of 408 Packet Page 114 of 408 Packet Page 115 of 408 Packet Page 116 of 408 Packet Page 117 of 408 Packet Page 118 of 408 Packet Page 119 of 408 Packet Page 120 of 408 Packet Page 121 of 408 Packet Page 122 of 408 Packet Page 123 of 408 Packet Page 124 of 408 Packet Page 125 of 408 Packet Page 126 of 408 Packet Page 127 of 408 Packet Page 128 of 408 Packet Page 129 of 408 Packet Page 130 of 408 Packet Page 131 of 408 Packet Page 132 of 408 Packet Page 133 of 408 AM-4352   Item #: 2. G. City Council Meeting Date: 11/15/2011 Time:Consent   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 Authorization to approve a sewer and storm easement. Previous Council Action On November 7, 2011, the CS/DS Committee reviewed this item and recommended it be placed on the consent agenda for approval at the November 15, 2011 Council meeting.   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 11/08/2011 04:21 PM Public Works Phil Williams 11/10/2011 10:10 AM City Clerk Sandy Chase 11/10/2011 10:10 AM Community Services/Economic Dev.Stephen Clifton 11/10/2011 10:11 AM Final Approval Sandy Chase 11/10/2011 10:21 AM Form Started By: Megan Cruz Started On: 11/08/2011  Final Approval Date: 11/10/2011  Packet Page 134 of 408 Packet Page 135 of 408 Packet Page 136 of 408 Packet Page 137 of 408 Packet Page 138 of 408 AM-4354   Item #: 2. H. City Council Meeting Date: 11/15/2011 Time:Consent   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 Authorization to approve an easement for installation of watermain. Previous Council Action On November 7, 2011, the CS/DS Committee reviewed this item and recommended it be placed on the consent agenda for approval at the November 15, 2011 Council meeting. 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 11/08/2011 04:24 PM Public Works Phil Williams 11/10/2011 10:10 AM City Clerk Sandy Chase 11/10/2011 10:10 AM Community Services/Economic Dev.Stephen Clifton 11/10/2011 10:11 AM Final Approval Sandy Chase 11/10/2011 10:21 AM Form Started By: Megan Cruz Started On: 11/08/2011  Final Approval Date: 11/10/2011  Packet Page 139 of 408 MAIN ST SH E L L V A L L E Y R D HI L L C R E S T P L 20902 2 0 9 1 0 21113 21109 21105 2 0 9 2 0 20914 N Lot 7, AlderwoodManor No. 9 Easement EXHIBIT A Packet Page 140 of 408 Packet Page 141 of 408 Packet Page 142 of 408 Packet Page 143 of 408 Packet Page 144 of 408 Packet Page 145 of 408 Packet Page 146 of 408 Packet Page 147 of 408 AM-4357   Item #: 2. I. City Council Meeting Date: 11/15/2011 Time:Consent   Submitted By:Carrie Hite Department:Parks and Recreation Committee:Community/Development Services Type:Action Information Subject Title Marina Beach BNSF Land Lease Recommendation from Mayor and Staff Approve for Mayor's signature Previous Council Action CSDS committee forwarding to consent calendar for Council's approval. 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 11/08/2011 05:11 PM Community Services/Economic Dev.Stephen Clifton 11/09/2011 10:47 AM Final Approval Sandy Chase 11/09/2011 11:02 AM Form Started By: Carrie Hite Started On: 11/08/2011  Final Approval Date: 11/09/2011  Packet Page 148 of 408 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 149 of 408 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 150 of 408 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 151 of 408 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 152 of 408 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 153 of 408 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 154 of 408 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 155 of 408 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 156 of 408 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 157 of 408 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 158 of 408 ♦ 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 159 of 408 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 160 of 408 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 161 of 408 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 162 of 408 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 163 of 408 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 164 of 408 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 165 of 408 EXHIBIT "A" PREMISES Packet Page 166 of 408 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 167 of 408 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 168 of 408 AM-4360   Item #: 2. J. City Council Meeting Date: 11/15/2011 Time:Consent   Submitted By:Phil Williams Department:Public Works Committee: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 Staff recommends approval of the contract with SPU Previous Council Action the CS/DS Committee reviewed this item on 11/7/11 and recommended it for the full council consent agenda on 11/15/11 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. Fiscal Impact Fiscal Year:Revenue:Expenditure: Fiscal Impact: This contract is for a fifty-year term and will require a one time $1,500 transaction payment plus an annual fee of $4,412 plus CPI-U due on January 1st of each year of the contract.   Fiscal Year:Revenue:Expenditure: Fiscal Impact: The contract requires the City of Edmonds to purchase 100 units of water each year from SPU for flushing and other miscellaneous administrative purposes. Attachments Agreement Exhibit 1 to Agreement Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/08/2011 05:11 PM Community Services/Economic Dev.Stephen Clifton 11/09/2011 10:48 AM Final Approval Sandy Chase 11/09/2011 11:02 AM Form Started By: Phil Williams Started On: 11/08/2011  Packet Page 169 of 408 Final Approval Date: 11/09/2011  Packet Page 170 of 408 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 171 of 408 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 172 of 408 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 173 of 408 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 174 of 408 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 175 of 408 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 176 of 408 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 177 of 408 AM-4361   Item #: 2. K. City Council Meeting Date: 11/15/2011 Time:Consent   Submitted For:Phil Williams Submitted By:Carla Raymond Department:Public Works Review Committee: Finance Committee Action: Recommend Review by Full Council 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 Finance Committee reviewed this proposal on 11/7/11 and recommends placement on 11/15/11 Council Consent Agenda. 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 11/08/2011 05:11 PM Community Services/Economic Dev.Stephen Clifton 11/09/2011 10:48 AM Final Approval Sandy Chase 11/09/2011 11:02 AM Form Started By: Carla Raymond Started On: 11/08/2011  Final Approval Date: 11/09/2011  Packet Page 178 of 408 AM-4365   Item #: 2. L. City Council Meeting Date: 11/15/2011 Time:Consent   Submitted For:Shawn Hunstock Submitted By:Shawn Hunstock Department:Finance Review Committee: Finance Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Eliminate the Council Contingency amount in the General Fund. Recommendation from Mayor and Staff Approve Ordinance Previous Council Action N/A Narrative The 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 11/09/2011 11:02 AM Community Services/Economic Dev.Stephen Clifton 11/09/2011 11:23 AM Final Approval Sandy Chase 11/09/2011 11:59 AM Form Started By: Shawn Hunstock Started On: 11/09/2011 07:33 AM Final Approval Date: 11/09/2011  Packet Page 179 of 408 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 180 of 408 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 181 of 408 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 182 of 408 AM-4368   Item #: 2. M. City Council Meeting Date: 11/15/2011 Time:Consent   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 Council approve this agenda item at the November 15, 2011, Council Meeting. Previous Council Action The Public Safety Committee approved this agenda item for the November 15, 2011, Council Meeting to be placed on the consent agenda.  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 (2) additional two (2) year renewal terms, upon mutual written agreement by Edmonds and Contractor.. 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 11/09/2011 11:58 AM Community Services/Economic Dev.Stephen Clifton 11/09/2011 01:18 PM Final Approval Sandy Chase 11/09/2011 01:20 PM Form Started By: Gerry Gannon Started On: 11/09/2011  Final Approval Date: 11/09/2011  Packet Page 183 of 408 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 184 of 408 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 185 of 408 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 186 of 408 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 187 of 408 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 188 of 408 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 189 of 408 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 190 of 408 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 191 of 408 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 192 of 408 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 193 of 408 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 194 of 408 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 195 of 408 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 196 of 408 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 197 of 408 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 198 of 408 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 199 of 408 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 200 of 408 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 201 of 408 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 202 of 408 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 203 of 408 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 204 of 408 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 205 of 408 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 206 of 408 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 207 of 408 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 208 of 408 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 209 of 408 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 210 of 408 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 211 of 408 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 212 of 408 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 213 of 408 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 214 of 408 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 215 of 408 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 216 of 408 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 217 of 408 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 218 of 408 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 219 of 408 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 220 of 408 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 221 of 408 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 222 of 408 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 223 of 408 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 224 of 408 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 225 of 408 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 226 of 408 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 227 of 408 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 228 of 408 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 229 of 408 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 230 of 408 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 231 of 408 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 232 of 408 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 233 of 408 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 234 of 408 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 235 of 408 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 236 of 408 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 237 of 408 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 238 of 408 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 239 of 408 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 240 of 408 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 241 of 408 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 242 of 408 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 243 of 408 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 244 of 408 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 245 of 408 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 246 of 408 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 247 of 408 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 248 of 408 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 249 of 408 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 250 of 408 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 251 of 408 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 252 of 408 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 253 of 408 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 254 of 408 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 255 of 408 AM-4370   Item #: 3. City Council Meeting Date: 11/15/2011 Time:5 Minutes   Submitted By:Stephen Clifton Department:Community Services Review Committee: Committee Action: Type:Information  Information Subject Title Small Business Saturday Proclamation. Recommendation from Mayor and Staff Previous Council Action Narrative November 26th, the day after Black Friday, is the Second Annual Small Business Saturday, a day when "shopping small", means coming together to celebrate small businesses. Attachments Small Business Saturday Proclamation Small Business Saturday Overview Form Review Inbox Reviewed By Date Final Approval Sandy Chase 11/09/2011 03:39 PM Form Started By: Stephen Clifton Started On: 11/09/2011 03:06 PM Final Approval Date: 11/09/2011  Packet Page 256 of 408 City of Edmonds, Washington Small Business Saturday Proclamation WHEREAS, the CITY of EDMONDS believes that small businesses are the backbone of our economy and the glue that holds communities together. And, according to the Unites States Small Business Administration, there are currently 28 million small businesses in the United States last year and small businesses created 65 percent of net new jobs over the past two decades. WHEREAS, according to Civic Economics, for every $100.00 spent in locally- owned, independent stores, $68.00 returns to the community through taxes, payroll and other expenditures, WHEREAS, the CITY OF EDMONDS supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods, WHEREAS, advocacy groups and public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday, WHEREAS, residents of our community, and communities across the country, are being asked to support small businesses and merchants on Small Business Saturday and throughout the year, NOW, THEREFORE, I, MIKE COOPER, Mayor and the CITY COUNCIL of EDMONDS, do hereby proclaim, November 26, 2011 as: SMALL BUSINESS SATURDAY IN WITNESS WHEREOF, I hereunto set my hand and caused the Seal of the CITY OF EDMONDS to be affixed this 15th day of November, 2011. ____________________ MIKE COOPER, Mayor Packet Page 257 of 408 WHAT IS SMALL BUSINESS SATURDAY? Small Business Saturday SM is a national initiative that marks a day to support the local businesses that create jobs, boost the economy and preserve neighborhoods around the country. First there was Black Friday, then Cyber Monday. Now, Small Business Saturday is an event that drives shoppers to local, independently-owned merchants. The inaugural Small Business Saturday, held in 2010, galvanized support across the US: more than 1.2M Facebook users, 130 small business advocate groups, public and private organizations and government leaders joined in the initiative. WHY DO ADVOCACY ORGANIZATIONS SUPPORT SMALL BUSINESS SATURDAY? • Supports their small business constituents • Demonstrates commitment to the communities in which they serve • Creates goodwill within the communities where citizens work and live • Reinforces the value small business brings to the community When we support small business, jobs are created and local communities preserve their unique culture.   • 99% of US consumers agree it is important to support the small businesses they value in their communities and 90% are willing to pledge support for a “Buy Local” small business initiative like Small Business Saturday1; • Small businesses employ about half of all private sector employees2; • If independents regained their 1990 market shares, entrepreneurs could create 200,000 new small businesses, generate nearly $300 billion in revenues in the retail and restaurant sectors and employ more than 1.6 million American workers3. DID YOU KNOW: 1 American Express OPEN survey of consumers (November 2010) 2 Small Business Administration (January 2011) 3 Civic Economics (August 2011) Mayor Michael R. Bloomberg, New York City Packet Page 258 of 408 • “If you have the opportunity to shop on the Saturday after Thanksgiving, make it a point to visit local small businesses. It really can make an enormous difference for merchants trying to succeed.” – Michael Bloomberg, Mayor of New York City • “‘Small Business Saturday’ is a great idea.” – Rhonda Abrams, USA Today • “This is the beginning of what I think is going to be a beautiful tradition,” said Cinda Baxter, founder of the 3/50 Project • “This was brilliant and gave more to small business than any other organization has so far! Our cottage boutique business may just survive because of it. ” – Dorothy Grady Scott, owner of CBO Boutique, Inc. 4 Google Insights WHAT PEOPLE WERE SAYING ABOUT 2010 SMALL BUSINESS SATURDAY: 2010 SMALL BUSINESS SATURDAY FAST FACTS • Small Business Saturday was featured roughly 3,000 times by national and local media (including The Wall Street Journal, The New York Times, USA Today, Huffington Post, Forbes, PBS Nightly Business Report, The Today Show, CNN Saturday Morning, NBC Nightly News and many more); • Media coverage reached an audience of more than half of a billion; • Small Business Saturday became the fastest-rising US Google search associated with the term “small business”4; • 1.2 million Facebook users “liked” the Small Business Saturday page at facebook.com/smallbusinesssaturday; • 30,000 tweets were sent using the hashtags #smallbusinesssaturday or #smallbizsaturday; • 100,000 small businesses downloaded Small Business Saturday marketing materials; • 10,000 businesses signed up for free Facebook advertising that ran on Small Business Saturday; • 200,000 consumers registered their American Express cards to receive $25 statement credits when they shopped at a small business on Small Business Saturday; • 41 elected officials declared November 27 “Small Business Saturday” JOIN THE COALITION: Building on the success of 2010, we plan to scale this year’s Small Business Saturday by expanding the coalition of supporters and creating more local events around the country. This includes support from advocacy organizations that join the initiative to motivate constituents through incentives and offers to Shop Small on November 26, 2011! The coalition will be led by Women Impacting Public Policy, a business advocacy organization representing small businesses. Join Us! CONTACT INFO: Jason Lalak, Vice President Women Impacting Public Policy (WIPP) | Phone: (415) 434-4314 | Email: JLalak@wipp.org Packet Page 259 of 408 AM-4371   Item #: 5. City Council Meeting Date: 11/15/2011 Time:60 Minutes   Submitted By:Shawn Hunstock Department:Finance Review Committee: Finance Committee Action: Recommend Review by Full Council Type:Information  Information Subject Title Discuss 2012 Budget. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative City Council will discuss proposed amendments to the 2012 budget. Fiscal Impact Fiscal Year:2012 Revenue:$66,752,974 Expenditure:$70,759,377 Fiscal Impact: Attachments 2012 Decision Packages Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/10/2011 08:55 AM Community Services/Economic Dev.Stephen Clifton 11/10/2011 10:11 AM Final Approval Sandy Chase 11/10/2011 10:21 AM Form Started By: Shawn Hunstock Started On: 11/10/2011 08:16 AM Final Approval Date: 11/10/2011  Packet Page 260 of 408 2012 Budget Decision Packages Budget Year General Street Cemetery Combined Utility Equipment Rental Decision Package Duration 2012 001 111 130 411 511 Council None Mayor None Municipal Court None Admin Services Finance Software Updates and Additions-Initial Costs One Time 56,705 22,682 34,023 Finance Software Updates and Additions-Maintenance Ongoing 9,300 3,720 5,580 Public Records/Document Management System Ongoing 68,770 68,770 Public Records/Document Management System One Time 30,000 30,000 30 Year Right of Use on Fiber to the County One Time 66,000 66,000 Police None Community Services/ Economic Development None Development Services None Parks & Rec Landpride Pull Behind Mower One Time 17,144 17,144 Parks Street Tree Maintenance Costs Ongoing 25,000 25,000 Class Software at Yost Pool-Initial Costs One Time 8,675 8,675 Class Software at Yost Pool-Maintenance Ongoing 1,642 1,642 Walker Riding Mower One Time 17,500 17,500 Cemetery Seasonal Staff Ongoing 5,000 5,000 Public Works Pedestrian Signal Head Upgrade One Time 36,000 36,000 Fuel station Upgrade One Time 10,000 10,000 Grand Total 351,736 243,633 36,000 22,500 39,603 10,000 Fund R:\Budget\2012\2012 Decision Package Schedule 11/10/2011 Packet Page 261 of 408 Decision Package Request Form Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking: Budget Year Requested:2012 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2012 2013 2014 2015 2016 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)42,705 - - - - Small equip (35)- - - - Prof. Services (41)14,000 - - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)X 9,300 9,579 9,866 10,162 10,467 Miscellaneous - - - - Capital Equipment (64)- - - - Other:- - - - Total Expenses $66,005 $9,579 $9,866 $10,162 $10,467 Program Description: Sources (Revenues) for this decision package are from: General Fund and Utilities Update of accepting payments on the web, integration with utility billing, and the acceptance of payments integrated with EDEN would provide: 1. A reduction in credit card fees across all City transactions resulting in a $30,000 to $50,000 per year reduction in total Citywide credit card fees. 2. Real time integration of Utility payments with EDEN to reduce (or eliminate) inappropriate water turn off due to current manual payment timing errors. 3. Option to do recurring (PCI compliant) credit card payments from citizens - Utility billing and potential Business License and court fees. 4. Full support for all web browsers for web payments. 5. Employee HR info securely on-line (from home) for query by employees – thus saving HR time and providing better information about hours worked, accrued sick leave, vacation, and other benefits. 6. Potential for on-line time sheet entry for salaried employees to streamline timekeeping. 001.000.310.514.230 Finance Software Updates and Additions Carl Nelson (on behalf of Shawn Hunstock) http://budget.edmonds.wa.us/2012 Budget/Administrative Services/Decision Packages/Finance Software Updates and Additions 11/10/2011Packet Page 262 of 408 Decision Package Request Form Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking: Budget Year Requested:2012 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2012 2013 2014 2015 2016 Salaries (11) X 50,208 52,718 55,354 58,122 61,028 Overtime (12)- - - - Benefits (23)X 15,062 15,816 16,606 17,437 18,308 Uniforms (24)- - - - Supplies (31)30,000 - - - - Small equip (35)- - - - Prof. Services (41)- - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)X 3,500 3,605 3,713 3,825 3,939 Miscellaneous - - - - Capital Equipment (64)- - - - Other:- - - - Total Expenses $98,770 $72,139 $75,674 $79,383 $83,276 Program Description: Sources (Revenues) for this decision package are from: General Fund Making available on-line the City's Documents would provide ease of access to the City's Public Records for the public as well as City staff. It is proposed the City Clerk and Information System create a system that uses current technology to catalog, manage, and make available to the public in a rational controlled fashion the City's Public Records. Starting with a system to capture current records and working backwardsin time as appropriate for the staffing and technology. This would include a software component and an on-going staff member trained in document management technology, who can help integrate our current technology with this new capability. The City's current network, storage, and server environment are sufficient to begin the effort and would be revisited as the system becomes operational. City Clerk & Information Services ublic Records/Document Management Syste Carl Nelson http://budget.edmonds.wa.us/2012 Budget/Administrative Services/Decision Packages/Public Records - Document Managment System 11/10/2011Packet Page 263 of 408 Decision Package Request Form Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking:1 Budget Year Requested:2012 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2012 2013 2014 2015 2016 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)- - - - Small equip (35) 17,144 - - - - Prof. Services (41)- - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)- - - - Miscellaneous - - - - Capital Equipment (64)- - - - Other:- - - - Total Expenses $17,144 $0 $0 $0 $0 Program Description: Sources (Revenues) for this decision package are from: General Fund 001.000 Replacement of Parks 14 year old Landpride mower which is pulled behind Ford tractor and used for mowing all city owned park ballfields with a cutting width of 11 feet. The present Landpride mower has been maintianed very well but metal fatigue is becoming an issue and this must be replaced. 640 576.800 Landpride pull behind mower Rich Lindsay http://budget.edmonds.wa.us/2012 Budget/Parks and Recreation/Decision Packages/Parks Landpride Mower Replacement 11/10/2011Packet Page 264 of 408 Decision Package Request Form Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking:2 Budget Year Requested:2012 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2012 2013 2014 2015 2016 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)- - - - Small equip (35)- - - - Prof. Services (41)- - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)x 25,000 25,750 26,523 27,318 28,138 Miscellaneous - - - - Capital Equipment (64)- - - - Other:- - - - Total Expenses $25,000 $25,750 $26,523 $27,318 $28,138 Program Description: Sources (Revenues) for this decision package are from: General Fund 001.000 The Street Tree program is very important asset to the City of Edmonds. However as these street trees have grown over the years extra maintenance is required to prune and maintain these trees. With extra park properties to maintain this requires the city to contract out a majority of street tree pruning to ensure safe and healthy trees for future of cities street tree program. 640 576.800 Parks Street Tree Maintenance Costs Rich Lindsay http://budget.edmonds.wa.us/2012 Budget/Parks and Recreation/Decision Packages/Parks Street Tree Maintenance Costs 11/10/2011Packet Page 265 of 408 Decision Package Request Form Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking:3 Budget Year Requested:2012 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2012 2013 2014 2015 2016 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)- - - - Small equip (35) 8,675 - - - - Prof. Services (41)- - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)x 1,642 1,691 1,742 1,794 1,848 Miscellaneous - - - - Capital Equipment (64)- - - - Other:- - - - Total Expenses $10,317 $1,691 $1,742 $1,794 $1,848 Program Description: Sources (Revenues) for this decision package are from: 001.000 This package would allow us to purchase the CLASS point of sale system for Yost Pool. Adding this system would provide consistent accounting and registration practices for all recreation programs and better customer service. Comcast has initially stated that there would not be a charge to run the cable to the pool. The City has requested that they look at this again and verify that there will not be a charge. 640 575.510 CLASS SOFTWARE AT YOST POOL Renee McRae http://budget.edmonds.wa.us/2012 Budget/Parks and Recreation/Decision Packages/CLASS at Yost Pool 11/10/2011Packet Page 266 of 408 Decision Package Request Form Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking:5 Budget Year Requested:2012 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2012 2013 2014 2015 2016 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)- - - - Small equip (35) 17,500 - - - - Prof. Services (41)- - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)- - - - Miscellaneous - - - - Capital Equipment (64)- - - - Other:- - - - Total Expenses $17,500 $0 $0 $0 $0 Program Description: Sources (Revenues) for this decision package are from: 130 or 137 Fund 130.000 Replacement of 48 inch Walker riding lawn mower to maintain turf at Edmonds Memorial Cemetery. The current mower requires constant welding of main frame due to metal fatigue. The cemetery grounds must continue to be maintained to ensure aesthetic appeal for visitors and provide saleable property and niches for future revenue. 640 536.000 Walker Riding Mower Rich Lindsay http://budget.edmonds.wa.us/2012 Budget/Parks and Recreation/Decision Packages/Cemetery Walker Riding Mower 11/10/2011Packet Page 267 of 408 Decision Package Request Form Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking:6 Budget Year Requested:2012 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2012 2013 2014 2015 2016 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)- - - - Small equip (35)- - - - Prof. Services (41)- - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)- - - - Miscellaneous - - - - Capital Equipment (64) - - - - Other:x 5,000 5,150 5,305 5,464 5,628 Total Expenses $5,000 $5,150 $5,305 $5,464 $5,628 Program Description: Sources (Revenues) for this decision package are from: 130 Fund 130.000 Cemetery requires one seasonal employee in the spring and summer months to assist in mowing, edging and trimming along with painting 800 feet of metal fence to ensure cemetery grounds are maintained for vistors and future sales of Edmonds Memorial Cemetery & Columbarium. If approved this amount would be placed in Cemetery Interfund Services account not listed on this document. 640 536.000 Cemetery Seasonal Staff Rich Lindsay http://budget.edmonds.wa.us/2012 Budget/Parks and Recreation/Decision Packages/2012 Cemetery Seasonal Staff 11/10/2011Packet Page 268 of 408 Decision Package Request Form Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking:1 Budget Year Requested:2012 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2012 2013 2014 2015 2016 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31) $36,000 - - - - Small equip (35)- - - - Prof. Services (41)- - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)- - - - Miscellaneous - - - - Capital Equipment (64) - - - - Other:- - - - Total Expenses $36,000 $0 $0 $0 $0 Program Description: Sources (Revenues) for this decision package are from: Fuel Tax 111.000 As per the 2009 Manual on Uniform Traffic Control Devices (MUTCD), there is a Federal requirement to convert all pedestrian signals to a "Countdown" configuration. The City has 132 of these signals that will need to be converted prior to December, 2013. in January of 2010 the cost for these units were $258 each. With a small increase in per unit cost, the $36,000 would purchase the units. The man-hours to install them will be absorbed by the traffic control technicians' daily work load. 653 111.000.653.542.640.310.00 Pedestrian Signal Head Upgrade Tod Moles http://budget.edmonds.wa.us/2012 Budget/Public Works/Decision Packages/Countdown PedHeads 11/10/2011Packet Page 269 of 408 Decision Package Request Form Fund Number: Department Number: Cost Center Number: Decision Package Title: Preparer: Ranking:1 Budget Year Requested:2012 If ongoing costs, please put an " X " in the Ongoing Column Expenditure Costs Ongoing 2012 2013 2014 2015 2016 Salaries (11)- - - - Overtime (12)- - - - Benefits (23)- - - - Uniforms (24)- - - - Supplies (31)- - - - Small equip (35)- - - - Prof. Services (41)- - - - Communication (42)- - - - Travel (43)- - - - Advertising (44)- - - - Rental/Lease (45)- - - - Repair/Maint (48)- - - - Miscellaneous - - - - Capital Equipment (64) - - - - Other:X - - - - Total Expenses $0 $0 $0 $0 $0 Program Description: Sources (Revenues) for this decision package are from: 511.100.657.594.480.640 Possible stages of Upgrading to city fueling station at Public Works. First phase is to upgrade the fuel computer program. Second stage upgrade will be replacement of fuel island plumbing. Third phase upgrade will be fuel dispensors. Cost are unknown at this time. Saved to C drive. 511 001.000 Fuel Station Upgrade Dave Sittauer http://budget.edmonds.wa.us/2012 Budget/Public Works/Decision Packages/Fuel Station Upgrade 11/10/2011Packet Page 270 of 408 AM-4369   Item #: 6. City Council Meeting Date: 11/15/2011 Time:15 Minutes   Submitted For:Shawn Hunstock Submitted By:Debra Sharp Department:Finance Review Committee: Finance Committee Action: Recommend Review by Full Council Type: Information Subject Title 2011 November Budget Amendment. Recommendation from Mayor and Staff Approve the November 2011 Budget Amendment Previous Council Action November Finance Committee Narrative The budget amendment was reviewed by the Finance Committee on November 7th.  During the committee meeting a few additional items were addressed and are at the end of the budget amendment.  The items added were a reduction to interfund transfers from both the Multimodal Fund and the Utility Fund to the General Fund, a reduction to both REET 1 and REET 2 revenue forecast for 2011 and finally the additional funds requested by the Edmonds Center for the Arts.  The committee also wanted to review adding the General Fund and Street Fund B-Fund contribution back into the 2011 budget.  There are two ordinances attached, one with the B-Fund contribution and one without. The Finance Committee also questioned a few of the capital project amendments.  Additional notes were added or the narrative clarified in the following three budget amendments - Fund 116 Additional Expenditures, Re-allocate funds for capital projects, and the Sunset Walkway Project.  The remainder of the budget amendment is unchanged. 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. Packet Page 271 of 408 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 2011 November Budget Amendment with B-Fund Contribution Form Review Inbox Reviewed By Date Finance Shawn Hunstock 11/09/2011 03:44 PM Finance Shawn Hunstock 11/09/2011 03:44 PM City Clerk Sandy Chase 11/10/2011 08:55 AM Community Services/Economic Dev.Stephen Clifton 11/10/2011 10:11 AM Final Approval Sandy Chase 11/10/2011 10:21 AM Form Started By: Debra Sharp Started On: 11/09/2011 01:00 PM Final Approval Date: 11/10/2011  Packet Page 272 of 408 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 273 of 408 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 274 of 408 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 275 of 408 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 11/15/2011 Budget 001 GENERAL FUND 32,512,273 66,699 (45,931) 32,533,041 006 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 36,000 243,594 117 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 (79,250) 620,750 126 SPECIAL CAPITAL FUND 700,000 0 (120,000) 580,000 127 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 1,104,133 68,045,463 Packet Page 276 of 408 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 11/15/2011 Budget 001 GENERAL FUND 32,320,897 304,171 364,902 32,989,970 006 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 (25,000) 1,000,000 116 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 40,750 740,332 127 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 15,139,354 105,140 677,693 15,922,187 412 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 1,054,945 72,697,144 Packet Page 277 of 408 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 0 (45,931) 364,902 (410,833) 006 0 0 0 0 009 0 0 0 0 010 0 0 0 0 104 0 0 0 0 111 0 0 0 0 112 0 155,000 27,000 128,000 113 0 0 (25,000) 25,000 116 0 36,000 40,000 (4,000) 117 0 0 0 0 118 0 0 0 0 120 0 0 0 0 121 0 0 0 0 122 0 0 0 0 123 0 0 0 0 125 0 (79,250) 38,000 (117,250) 126 0 (120,000) 40,750 (160,750) 127 0 0 1,000 (1,000) 129 0 0 0 0 130 0 0 4,100 (4,100) 131 0 0 0 0 132 0 236,000 65,000 171,000 136 0 0 0 0 137 0 0 0 0 138 0 0 0 0 211 0 0 0 0 213 0 0 0 0 411 0 67,920 677,693 (609,773) 412 0 793,750 130,500 663,250 414 0 38,000 (309,000) 347,000 511 0 22,644 0 22,644 617 0 0 0 0 631 0 0 0 0 Total Change 0 1,104,133 1,054,945 49,188 Packet Page 278 of 408 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 279 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 8 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 116 000 000 333 140 000 00 Grant Revenue 36,000 Building Maintenance 116 000 651 508 000 000 00 Ending Fund Balance 4,000 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 REET 1 126 000 390 597 125 550 00 Transfer 40,750 Interfund Transfers REET 1 126 000 390 508 000 000 00 Ending Fund Balance 40,750 REET 2 125 000 000 397 126 000 00 Transfer 40,750 REET 2 125 000 640 508 000 000 00 Ending Fund Balance 40,750 Packet Page 280 of 408 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 412 300 630 597 132 550 00 Transfer 71,000 Utility Construction 412 200 630 597 132 550 00 Transfer 125,000 Utility Construction 412 200 630 597 132 550 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 281 of 408 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 Items Addressed at the Finance Committee Multimodal 113 000 610 597 001 550 00 Transfer 25,000 Decrease Interfund Transfers Multimodal 113 000 610 508 000 000 00 Ending Fund Balance 25,000 Utility Fund 411 000 652 597 001 550 00 Transfer 18,126 Utility Fund 411 000 654 597 001 550 00 Transfer 18,126 Utility Fund 411 000 655 597 001 550 00 Transfer 18,126 Utility Fund 411 000 654 508 000 000 00 Ending Fund Balance 54,378 General Fund 001 000 000 397 113 000 000 Transfer 25,000 General Fund 001 000 000 397 411 000 00 Transfer 54,378 General Fund 001 000 390 508 000 000 00 Ending Fund Balance 79,378 REET 1 125 000 000 317 340 020 00 Tax Revenue 120,000 Reduce REET forecast REET 1 125 000 640 508 000 000 00 Ending Fund Balance 120,000 REET 2 126 000 000 317 340 010 00 Tax Revenue 120,000 REET 2 126 000 390 508 000 000 00 Ending Fund Balance 120,000 Non-Departmental 001 000 390 598 190 520 00 ECA Contingency 153,185 ECA Loan General Fund 001 000 390 508 000 000 000 Ending Fund Balance 153,185 Packet Page 282 of 408 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 $1,631, for Organized Crime Drug Enforcement Task Force overtime worked in January through April 2011. Reimbursement from the federal government has been received for the overtime expenditures. The revenue and expenditures were not included in the 2011 adopted budget as this revenue is quite variable, depending upon whether there are cases pursued under the federal Organized Crime Drug Enforcement Task Force program. Packet Page 283 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 12 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary WASPC Traffic Safety Grant Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic Small Equipt.001.000.410.521.710.350.00 1,700 Total Expenditure Increase (Decrease)1,700$ 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 $1700. The Police Department received a traffic safety grant from the Washington Association of Sheriffs and Police Chiefs to purchase four new handheld directional radars. The radars have been purchased and reimbursement has been received from WASPC. The revenue and expenditures were not included in the 2011 adopted budget as we did not have the grant at the time the 2011 budget was prepared. Packet Page 284 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 13 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary Target Zero Overtime Reimbursement Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic Overtime-Reimb.001.000.410.521.710.120.10 1,948 001 General Fund Traffic Benefits-Reimb.001.000.410.521.710.230.10 285 Total Expenditure Increase (Decrease)2,233$ 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 $2,233, for overtime worked on Target Zero emphasis patrols for May-August, 2011. Reimbursement from the Washington Traffic Safety Commission to cover this overtime has been received by the City. Target Zero is a grant targeted at reducing the number of people killed or seriously injured by impaired drivers in Snohomish County. The revenue and expenditures were not included in the 2011 adopted budget as grant revenue is quite variable, depending upon grant awards and the staffing of the emphasis patrols. Packet Page 285 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 14 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary High Visibility Enforcement Overtime Reimbursement Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic Overtime-Reimb.001.000.410.521.710.120.10 3,414 001 General Fund Traffic Benefits-Reimb.001.000.410.521.710.230.10 494 Total Expenditure Increase (Decrease)3,908$ 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 $2,798, for overtime worked on HVE emphasis patrols in May-August 2011. Reimbursement from the Washington Traffic Safety Commission to cover this overtime has been received by the City. High Visibility Enforcement (HVE) is a grant targeted at reducing traffic injuries and deaths through emphasis patrols for impaired driving, speeding, and seat belt enforcement. The revenue and expenditures were not included in the 2011 adopted budget as grant revenue is quite variable, depending upon grant awards and the staffing of the emphasis patrols. Packet Page 286 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 15 Prepared By:Deb Sharp Department:Fleet Description on Budget Amendment Summary 2011 Vehicle Grants Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Transfer 001.000.390.597.511.550.00 22,644 Total Expenditure Increase (Decrease)22,644$ 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 287 of 408 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 288 of 408 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 $50,000 to the Street Construction Fund from General Fund ending fund balance to pay for traffic calming devices. The budget was added to the Street Construction Fund but the transfer from the General Fund to fund the project was not included. Packet Page 289 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 18 Prepared By:S andy Chase Department:City Clerk's Office Description on Budget Amendment Summary Increase Professional Services Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Professional Services 001.000.250.514.300.410.00 5,000 001 General Fund Salaries 001.000.250.514.300.110.00 (4,000) 001 General Fund Benefits 001.000.250.514.300.230.00 (1,000) Total Expenditure Increase (Decrease)-$ 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 290 of 408 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 $45,000 for compensation consultant work that will be completed in 2012, not 2011. An increase of the same amount will be made to the 2012 budget. Packet Page 291 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 20 Prepared By:Deb Sharp Department:Non-Departmental Description on Budget Amendment Summary Sick Leave & Vacation Payout Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Salaries 001.000.220.516.100.110.00 26,090 001 General Fund Salaries 001.000.651.519.920.110.00 21,286 001 General Fund Benefits 001.000.390.519.900.230.00 (47,376) Total Expenditure Increase (Decrease)-$ 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 292 of 408 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 $256,650. Packet Page 293 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 22 Prepared By:Deb Sharp Department:Multiple Departments Description on Budget Amendment Summary Merchant Bankcard Fees Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Miscellaneous 001.000.230.512.500.490.00 19,000.00 001 General Fund Miscellaneous 001.000.410.521.110.490.00 100.00 001 General Fund Miscellaneous 001.000.620.532.200.490.00 4,000.00 001 General Fund Miscellaneous 001.000.640.574.200.490.00 48,000.00 130 Cemetery Fund Miscellaneous 130.000.640.536.200.490.00 4,100.00 411 Utility Fund Miscellaneous 411.000.652.542.900.490.00 13,000.00 411 Utility Fund Miscellaneous 411.000.654.534.800.490.00 21,600.00 411 Utility Fund Miscellaneous 411.000.655.535.800.490.00 25,000.00 Total Expenditure Increase (Decrease)134,800.00$ 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 294 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 23 Prepared By:J im 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 116 Bldg Maintenance Grant 116.000.000.333.140.000.00 (36,000) Total Revenue (Increase) Decrease (36,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 116 Bldg. Maintenance 116.000.651.508.000.000.00 (4,000) Total Ending Fund Balance Increase (Decrease)(4,000) 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. The finance committee had a discussion whether or not the City received grant revenue for this project. The grant received were the stations themselves. Each station is approximately $6,000 which the City will recognize as revenue. The City is responsible for the installation cost of the units. Packet Page 295 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 24 Prepared By:Deb Sharp Department:REET and Parks Construction Description on Budget Amendment Summary Interfund Services Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 125 REET Interfund Services 125.000.640.576.800.910.00 38,000 132 Parks Construction Interfund Services 132.000.640.594.760.910.00 65,000 Total Expenditure Increase (Decrease)103,000$ 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 296 of 408 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 $6,000 that was received in previous years. Expenditure for art work funded by these grants are being made in 2011. Packet Page 297 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 26 Prepared By:Deb Sharp Department:REET 1 and 2 Description on Budget Amendment Summary Interfund Transfer Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 126 REET 1 Transfer 126.000.390.597.125.550.00 40,750 Total Expenditure Increase (Decrease)40,750$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 125 REET 2 Transfer 125.000.000.397.126.000.00 40,750 Total Revenue (Increase) Decrease 40,750 Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 126 REET 1 126.000.390.508.000.000.00 (40,750) 125 REET 2 125.000.640.508.000.000.00 40,750 Total Ending Fund Balance Increase (Decrease)- REET 1 will reimburse REET 2 for the Lawson property purchase. Packet Page 298 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 27 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 299 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 28 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 300 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 29 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 Roof Replacement 414.000.656.594.320.650.10 (75,000) 414 WWTP ATS replacement 414.000.656.594.320.650.10 (435,000) 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 2011 the treatment plant had budget of $560,000 for capital improvements. $100,000 for repair roofs and $460,000 to replace an automatic transfer switch (ATS) on the plants main incoming power switching gear. The roof repair due to time constraints is delayed until 2012. The estimated cost on the roof repair for 2011 is $25,000. We started phase one of three on the ATS replacement project. The 2011 expenditure is estimated to be $25,000. We have re-allocated some of the remaining 414 fund balance to other capital projects. On four of the six projects listed below (A-Basin up-grade, Non-potable pumps, Lighting up-grade, Out fall Modification), the City is working with Snohomish County Public Utility District (PUD) on energy efficiency upgrades. Incentivies will be paid upon completion of each project, and verification of power savings. Packet Page 301 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 30 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 212th St. /76th Ave Intersection Improvements Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const. Fund Interfund Services 112.200.630.595.330.910.00 5,000 Total Expenditure Increase (Decrease)5,000$ 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 $5,000 budget in 2011 for the 212th St./76th Ave Intersection Improvement Project. The City was successful in receiving a federal transportation grant to design and acquire right of way for this project. The grant was approved after the 2011 Budget was approved and requires a 13.5% local match. The local match will be funded by the 112 Street Construction Fund. The budget will be used to complete the selection of the design and right of way team for the project. Packet Page 302 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 31 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Overlay Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const. Fund 112.200.630.595.330.650.00 2,000 Total Expenditure Increase (Decrease)2,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - 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 (2,000) Total Ending Fund Balance Increase (Decrease)(2,000) 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 303 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 32 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. This amendment was part of the original budget amendment but there were questions regarding the use of the funds during the finance committee. A portion ($16,000) of the 2011 traffic calming funds are being used to develop a conceptual layout for the Sunset Avenue Walkway project between Bell St. and Caspers St. The project would narrow Sunset Avenue to allow for a walkway, parking and bike lane on the west side of the street. Narrowing the street and moving the parking adjacent to the travel lane are traffic calming features that should reduce traffic speeds and improve conditions for non-motorized users. Staff met with Councilmember Wilson on developing a conceptual layout for the walkway and he concurred with staff’s recommendation to use traffic calming funding to evaluate the reconfiguration and narrowing of Sunset Avenue. Packet Page 304 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 33 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Interurban Trail Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-300 Utility Const Fund Construction Projects 412.300.630.594.320.650.00 (71,000) 412-300 Utility Const Fund Interfund Transfer 412.300.630.597.132.550.00 71,000 412-200 Utility Const Fund Construction Projects 412.200.630.597132.550.00 125,000 412-200 Utility Const Fund Construction Projects 412.200.630.597.132.550.00 40,000 412-200 Utility Const Fund Construction Projects 412.200.630.594.320.650.00 (165,000) Total Expenditure Increase (Decrease)-$ 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 $165,000 of Stormwater Utility Funding to the Interurban Trail Project. Packet Page 305 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 34 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Dayton Street Overlay Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const. Fund Interfund Transfer 412.100.630.597.112.550.00 55,000 412-300 Sewer Const. Fund Interfund Transfer 412.300.630.597.112.550.00 25,000 412-100 Water Const. Fund Construction Projects 412.100.630.594.320.650.00 (55,000) 412-300 Sewer Const. Fund Construction Projects 412.300.630.594.320.650.00 (25,000) Total Expenditure Increase (Decrease)-$ 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 $25,000 from the Sewer Utility Fund will be funded by unspent budget allocation for the Sewer Lift Station Rehabilitation projects. Packet Page 306 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 35 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Lift Station 2 Replacement Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const. Fund Interfund Transfer 412.100.630.597.412.550.00 279,000 412-100 Water Const. Fund Construction Projects 412.100.630.594.320.650.00 (279,000) Total Expenditure Increase (Decrease)-$ 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 $279,000 in the 412-100 Water Utility Fund for watermain improvements included in the Sewer Lift Station 2 Replacement project. This amendment will authorize the transfer of this funding to pay for the actual watermain replacement costs. Packet Page 307 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 36 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Dayton/Admiral Emergency Storm Repair Dayton Storm Rehabilitiation Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 76,200 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 82,000 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (158,200) Total Expenditure Increase (Decrease)-$ 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 $158,200 of Stormwater Utility Funding to the Dayton St Storm system repairs. Packet Page 308 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 37 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 2012 Watermain Replacement Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const.Professional Services 412.100.630.594.320.410.00 50,300 412-100 Water Const.Professional Services 412.100.630.594.320.410.00 (50,000) 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 (300) Total Expenditure Increase (Decrease)-$ 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 $10,000 Telemetry System Improvements. Both projects were postponed and the funding is being used to pay for the survey work on the 2012 watermain replacement project. Packet Page 309 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 38 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary BNSF Track Repair Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 120,500 412-100 Water Const.Professional Services 412.100.630.594.320.410.00 10,000 Total Expenditure Increase (Decrease)130,500$ 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 $130,500 to complete the replacement of the City's water utility crossing at Main Street beneath the BNSF railroad tracks. BNSF decided to pursue the track repair at Main Street and the City utility work in fall 2011 and the 2011 Budget did not inlcude funding for this project. The City Council authorized the expenditure of this funding at the November 1st Council Meeting. Packet Page 310 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 39 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Lake Ballinger Basin Study and Associated Projects Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Stormwater Const. Professional Services 412.200.630.594.320.410.00 18,500 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (18,500) Total Expenditure Increase (Decrease)-$ 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 $18,500 used to fund the additional Lake Ballinger work will be paid with unspent 2011 budget allocation for the Lower Perrinville/Talbot Rd Drainage Improvements project that has been postponed to 2012. Packet Page 311 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 40 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary City BNSF Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 109,000 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (109,000) 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 8,000 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 (8,000) Total Expenditure Increase (Decrease)-$ 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 $10,000 budget allocation for the Telemetry System Improvement project that did not go forward in 2011. Packet Page 312 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 41 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 226th St. Walkway Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const.Professional Services 112.200.630.595.330.410.00 6,000 112 Street Const.Interfund Services 112.200.630.595.330.910.00 14,000 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (20,000) 412-200 Stormwater Const. Transfer 412.200.630.597.112.550.00 20,000 Total Expenditure Increase (Decrease)20,000$ 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 $20,000 of stormwater utility funding to pay for the stormwater design and improvements completed with the project. The stormwater utility funding will come from unspent 2011 budget allocation for the Lower Perrinville/Talbot Rd Drainage Improvements. Packet Page 313 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 42 Prepared By:Deb Sharp Department:Multimodal/Utility Description on Budget Amendment Summary Decrease Interfund Transfers Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 113 Multimodal Transfer 113.000.610.597.001.550.00 (25,000) 411 Utility Fund Transfer 411.000.652.597.001.550.00 (18,126) 411 Utility Fund Transfer 411.000.654.597.001.550.00 (18,126) 411 Utility Fund Transfer 411.000.655.597.001.550.00 (18,126) Total Expenditure Increase (Decrease)(79,378)$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund Transfer 001.000.000.397.113.000.00 25,000 001 General Fund Transfer 001.000.000.397.411.000.00 54,378 Total Revenue (Increase) Decrease 79,378 Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 113 Multimodal 113.000.610.508.000.000.00 25,000 411 Utility 411.000.654.508.000.000.00 54,378 001 General Fund 001.000.390.508.000.000.00 (79,378) Total Ending Fund Balance Increase (Decrease)- Two interfund transfers included in the 2011 budget need to be removed. One transfer from the Multimodal Fund to the General Fund for S. Clifton and C. Cruz is not needed in the current year. The transfer from the Utility Fund to the General Fund needs to be reduced to zero. The Utility Engineer supported by the transfer is actually part of the interfund services calculation for engineering services. This amendment was not part of the original budget amendment. The issue was addressed at the finance committee after review of the 3rd quarter report. Packet Page 314 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 43 Prepared By:Deb Sharp Department:REET 1 & 2 Description on Budget Amendment Summary Reduce REET forecast Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 125 REET 1 Tax Revenue 125.000.000.317.340.020.00 120,000 126 REET 2 Tax Revenue 126.000.000.317.340.010.00 120,000 Total Revenue (Increase) Decrease 240,000 Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 125 REET 1 125.000.640.508.000.000.00 (120,000) 126 REET 2 126.000.390.508.000.000.00 (120,000) Total Ending Fund Balance Increase (Decrease)(240,000) Based on actual trends for 2011, the finance department is reducing the REET forecast for both REET 1 and 2. The forecast is trending toward REET revenue in the amount of $580,000 instead of the budgeted $700,000. This amendment was not part of the original budget amendment. The issue was addressed at the finance committee after review of the 3rd quarter report. Packet Page 315 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 44 Prepared By:Deb Sharp Department:Non-Departmental Description on Budget Amendment Summary ECA Loan Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund ECA Contingency Reserve 001.000.390.598.190.520.00 153,185 Total Expenditure Increase (Decrease)153,185$ 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 (153,185) Total Ending Fund Balance Increase (Decrease)(153,185) In December of 2010 Council passed an amendment during the 2011 budget process to add $100,000 to fund the 2011 shortfall at the Edmonds Center for the Arts. On October 4, 2011 J. McIalwain gave a presentation that the anticipated shortfall for 2011 will be $250,000. The budget appropriation request is for $153,185. The City sent a check to ECA in May for $83,185 and now they are requesting a loan amount of $170,000. This amendment was not part of the original budget amendment. The issue was addressed at the finance committee. Packet Page 316 of 408 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 317 of 408 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 318 of 408 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 319 of 408 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 11/15/2011 Budget 001 GENERAL FUND 32,512,273 66,699 (45,931) 32,533,041 006 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 36,000 243,594 117 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 (79,250) 620,750 126 SPECIAL CAPITAL FUND 700,000 0 (120,000) 580,000 127 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 50,944 377,568 1,303,988 617 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 1,459,057 68,400,387 Packet Page 320 of 408 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 11/15/2011 Budget 001 GENERAL FUND 32,320,897 304,171 645,594 33,270,662 006 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 74,232 1,519,674 112 COMBINED STREET CONST/IMPROVE 1,369,795 285,000 27,000 1,681,795 113 MULTIMODAL TRANSPORTATION FD. 1,025,000 0 (25,000) 1,000,000 116 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 40,750 740,332 127 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 15,139,354 105,140 677,693 15,922,187 412 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 1,409,869 73,052,068 Packet Page 321 of 408 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 0 (45,931) 645,594 (691,525) 006 0 0 0 0 009 0 0 0 0 010 0 0 0 0 104 0 0 0 0 111 0 0 74,232 (74,232) 112 0 155,000 27,000 128,000 113 0 0 (25,000) 25,000 116 0 36,000 40,000 (4,000) 117 0 0 0 0 118 0 0 0 0 120 0 0 0 0 121 0 0 0 0 122 0 0 0 0 123 0 0 0 0 125 0 (79,250) 38,000 (117,250) 126 0 (120,000) 40,750 (160,750) 127 0 0 1,000 (1,000) 129 0 0 0 0 130 0 0 4,100 (4,100) 131 0 0 0 0 132 0 236,000 65,000 171,000 136 0 0 0 0 137 0 0 0 0 138 0 0 0 0 211 0 0 0 0 213 0 0 0 0 411 0 67,920 677,693 (609,773) 412 0 793,750 130,500 663,250 414 0 38,000 (309,000) 347,000 511 0 377,568 0 377,568 617 0 0 0 0 631 0 0 0 0 Total Change 0 1,459,057 1,409,869 49,188 Packet Page 322 of 408 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 323 of 408 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 116 000 000 333 140 000 00 Grant Revenue 36,000 Building Maintenance 116 000 651 508 000 000 00 Ending Fund Balance 4,000 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 REET 1 126 000 390 597 125 550 00 Transfer 40,750 Interfund Transfers REET 1 126 000 390 508 000 000 00 Ending Fund Balance 40,750 REET 2 125 000 000 397 126 000 00 Transfer 40,750 REET 2 125 000 640 508 000 000 00 Ending Fund Balance 40,750 Packet Page 324 of 408 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 412 300 630 597 132 550 00 Transfer 71,000 Utility Construction 412 200 630 597 132 550 00 Transfer 125,000 Utility Construction 412 200 630 597 132 550 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 325 of 408 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 Items Addressed at the Finance Committee Multimodal 113 000 610 597 001 550 00 Transfer 25,000 Decrease Interfund Transfers Multimodal 113 000 610 508 000 000 00 Ending Fund Balance 25,000 Utility Fund 411 000 652 597 001 550 00 Transfer 18,126 Utility Fund 411 000 654 597 001 550 00 Transfer 18,126 Utility Fund 411 000 655 597 001 550 00 Transfer 18,126 Utility Fund 411 000 654 508 000 000 00 Ending Fund Balance 54,378 General Fund 001 000 000 397 113 000 000 Transfer 25,000 General Fund 001 000 000 397 411 000 00 Transfer 54,378 General Fund 001 000 390 508 000 000 00 Ending Fund Balance 79,378 REET 1 125 000 000 317 340 020 00 Tax Revenue 120,000 Reduce REET forecast REET 1 125 000 640 508 000 000 00 Ending Fund Balance 120,000 REET 2 126 000 000 317 340 010 00 Tax Revenue 120,000 REET 2 126 000 390 508 000 000 00 Ending Fund Balance 120,000 Non-Departmental 001 000 390 598 190 520 00 ECA Contingency 153,185 ECA Loan General Fund 001 000 390 508 000 000 000 Ending Fund Balance 153,185 Packet Page 326 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 11 B-Fund Contributions Police 001 000 410 521 100 950 00 Interfund Rental 7,584 B-Fund Contributions Police 001 000 410 521 210 950 00 Interfund Rental 8,400 Police 001 000 410 521 220 950 00 Interfund Rental 120,372 Police 001 000 410 521 260 950 00 Interfund Rental 6,000 Police 001 000 410 521 310 950 00 Interfund Rental 6,480 Police 001 000 410 521 710 950 00 Interfund Rental 11,364 Police 001 000 410 521 910 950 00 Interfund Rental 4,200 Police 001 000 410 528 600 950 00 Interfund Rental 48,000 Information Technology 001 000 310 518 800 950 00 Interfund Rental 2,400 Building 001 000 620 524 100 950 00 Interfund Rental 3,696 Engineering 001 000 620 532 200 950 00 Interfund Rental 1,200 Planning 001 000 620 558 600 950 00 Interfund Rental 1,200 Recreation 001 000 640 574 200 950 00 Interfund Rental 3,444 Parks 001 000 640 576 800 950 00 Interfund Rental 24,552 PW Administration 001 000 650 519 910 950 00 Interfund Rental 1,800 Facilities 001 000 651 519 920 950 00 Interfund Rental 30,000 General Fund 001 000 390 508 000 000 00 Ending Fund Balance 280,692 Street Fund 111 000 653 542 900 950 00 Interfund Rental 74,232 Street Fund 111 000 653 508 000 000 00 Ending Fund Balance 74,232 Equipment Rental 511 100 000 365 210 000 00 B-Fund Rental Charge 354,924 Equipment Rental 511 100 657 508 000 000 00 Ending Fund Balance 354,924 Packet Page 327 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 12 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 $1,631, for Organized Crime Drug Enforcement Task Force overtime worked in January through April 2011. Reimbursement from the federal government has been received for the overtime expenditures. The revenue and expenditures were not included in the 2011 adopted budget as this revenue is quite variable, depending upon whether there are cases pursued under the federal Organized Crime Drug Enforcement Task Force program. Packet Page 328 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 13 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary WASPC Traffic Safety Grant Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic Small Equipt.001.000.410.521.710.350.00 1,700 Total Expenditure Increase (Decrease)1,700$ 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 $1700. The Police Department received a traffic safety grant from the Washington Association of Sheriffs and Police Chiefs to purchase four new handheld directional radars. The radars have been purchased and reimbursement has been received from WASPC. The revenue and expenditures were not included in the 2011 adopted budget as we did not have the grant at the time the 2011 budget was prepared. Packet Page 329 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 14 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary Target Zero Overtime Reimbursement Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic Overtime-Reimb.001.000.410.521.710.120.10 1,948 001 General Fund Traffic Benefits-Reimb.001.000.410.521.710.230.10 285 Total Expenditure Increase (Decrease)2,233$ 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 $2,233, for overtime worked on Target Zero emphasis patrols for May-August, 2011. Reimbursement from the Washington Traffic Safety Commission to cover this overtime has been received by the City. Target Zero is a grant targeted at reducing the number of people killed or seriously injured by impaired drivers in Snohomish County. The revenue and expenditures were not included in the 2011 adopted budget as grant revenue is quite variable, depending upon grant awards and the staffing of the emphasis patrols. Packet Page 330 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 15 Prepared By:ACOP Gerry Gannon Department:Police Description on Budget Amendment Summary High Visibility Enforcement Overtime Reimbursement Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic Overtime-Reimb.001.000.410.521.710.120.10 3,414 001 General Fund Traffic Benefits-Reimb.001.000.410.521.710.230.10 494 Total Expenditure Increase (Decrease)3,908$ 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 $2,798, for overtime worked on HVE emphasis patrols in May-August 2011. Reimbursement from the Washington Traffic Safety Commission to cover this overtime has been received by the City. High Visibility Enforcement (HVE) is a grant targeted at reducing traffic injuries and deaths through emphasis patrols for impaired driving, speeding, and seat belt enforcement. The revenue and expenditures were not included in the 2011 adopted budget as grant revenue is quite variable, depending upon grant awards and the staffing of the emphasis patrols. Packet Page 331 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 16 Prepared By:Deb Sharp Department:Fleet Description on Budget Amendment Summary 2011 Vehicle Grants Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Transfer 001.000.390.597.511.550.00 22,644 Total Expenditure Increase (Decrease)22,644$ 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 332 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 17 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 333 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 18 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 $50,000 to the Street Construction Fund from General Fund ending fund balance to pay for traffic calming devices. The budget was added to the Street Construction Fund but the transfer from the General Fund to fund the project was not included. Packet Page 334 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 19 Prepared By:Sandy Chase Department:City Clerk's Office Description on Budget Amendment Summary Increase Professional Services Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Professional Services 001.000.250.514.300.410.00 5,000 001 General Fund Salaries 001.000.250.514.300.110.00 (4,000) 001 General Fund Benefits 001.000.250.514.300.230.00 (1,000) Total Expenditure Increase (Decrease)-$ 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 335 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 20 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 $45,000 for compensation consultant work that will be completed in 2012, not 2011. An increase of the same amount will be made to the 2012 budget. Packet Page 336 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 21 Prepared By:Deb Sharp Department:Non-Departmental Description on Budget Amendment Summary Sick Leave & Vacation Payout Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Salaries 001.000.220.516.100.110.00 26,090 001 General Fund Salaries 001.000.651.519.920.110.00 21,286 001 General Fund Benefits 001.000.390.519.900.230.00 (47,376) Total Expenditure Increase (Decrease)-$ 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 337 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 22 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 $256,650. Packet Page 338 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 23 Prepared By:Deb Sharp Department:Multiple Departments Description on Budget Amendment Summary Merchant Bankcard Fees Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Miscellaneous 001.000.230.512.500.490.00 19,000.00 001 General Fund Miscellaneous 001.000.410.521.110.490.00 100.00 001 General Fund Miscellaneous 001.000.620.532.200.490.00 4,000.00 001 General Fund Miscellaneous 001.000.640.574.200.490.00 48,000.00 130 Cemetery Fund Miscellaneous 130.000.640.536.200.490.00 4,100.00 411 Utility Fund Miscellaneous 411.000.652.542.900.490.00 13,000.00 411 Utility Fund Miscellaneous 411.000.654.534.800.490.00 21,600.00 411 Utility Fund Miscellaneous 411.000.655.535.800.490.00 25,000.00 Total Expenditure Increase (Decrease)134,800.00$ 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 339 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 24 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 116 Bldg Maintenance Grant 116.000.000.333.140.000.00 (36,000) Total Revenue (Increase) Decrease (36,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 116 Bldg. Maintenance 116.000.651.508.000.000.00 (4,000) Total Ending Fund Balance Increase (Decrease)(4,000) 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. The finance committee had a discussion whether or not the City received grant revenue for this project. The grant received were the stations themselves. Each station is approximately $6,000 which the City will recognize as revenue. The City is responsible for the installation cost of the units. Packet Page 340 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 25 Prepared By:Deb Sharp Department:REET and Parks Construction Description on Budget Amendment Summary Interfund Services Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 125 REET Interfund Services 125.000.640.576.800.910.00 38,000 132 Parks Construction Interfund Services 132.000.640.594.760.910.00 65,000 Total Expenditure Increase (Decrease)103,000$ 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 341 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 26 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 $6,000 that was received in previous years. Expenditure for art work funded by these grants are being made in 2011. Packet Page 342 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 27 Prepared By:Deb Sharp Department:REET 1 and 2 Description on Budget Amendment Summary Interfund Transfer Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 126 REET 1 Transfer 126.000.390.597.125.550.00 40,750 Total Expenditure Increase (Decrease)40,750$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 125 REET 2 Transfer 125.000.000.397.126.000.00 40,750 Total Revenue (Increase) Decrease 40,750 Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 126 REET 1 126.000.390.508.000.000.00 (40,750) 125 REET 2 125.000.640.508.000.000.00 40,750 Total Ending Fund Balance Increase (Decrease)- REET 1 will reimburse REET 2 for the Lawson property purchase. Packet Page 343 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 28 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 344 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 29 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 345 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 30 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 Roof Replacement 414.000.656.594.320.650.10 (75,000) 414 WWTP ATS replacement 414.000.656.594.320.650.10 (435,000) 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 2011 the treatment plant had budget of $560,000 for capital improvements. $100,000 for repair roofs and $460,000 to replace an automatic transfer switch (ATS) on the plants main incoming power switching gear. The roof repair due to time constraints is delayed until 2012. The estimated cost on the roof repair for 2011 is $25,000. We started phase one of three on the ATS replacement project. The 2011 expenditure is estimated to be $25,000. We have re-allocated some of the remaining 414 fund balance to other capital projects. On four of the six projects listed below (A-Basin up-grade, Non-potable pumps, Lighting up-grade, Out fall Modification), the City is working with Snohomish County Public Utility District (PUD) on energy efficiency upgrades. Incentivies will be paid upon completion of each project, and verification of power savings. Packet Page 346 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 31 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 212th St. /76th Ave Intersection Improvements Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const. Fund Interfund Services 112.200.630.595.330.910.00 5,000 Total Expenditure Increase (Decrease)5,000$ 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 $5,000 budget in 2011 for the 212th St./76th Ave Intersection Improvement Project. The City was successful in receiving a federal transportation grant to design and acquire right of way for this project. The grant was approved after the 2011 Budget was approved and requires a 13.5% local match. The local match will be funded by the 112 Street Construction Fund. The budget will be used to complete the selection of the design and right of way team for the project. Packet Page 347 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 32 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Overlay Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const. Fund 112.200.630.595.330.650.00 2,000 Total Expenditure Increase (Decrease)2,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - 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 (2,000) Total Ending Fund Balance Increase (Decrease)(2,000) 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 348 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 33 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. This amendment was part of the original budget amendment but there were questions regarding the use of the funds during the finance committee. A portion ($16,000) of the 2011 traffic calming funds are being used to develop a conceptual layout for the Sunset Avenue Walkway project between Bell St. and Caspers St. The project would narrow Sunset Avenue to allow for a walkway, parking and bike lane on the west side of the street. Narrowing the street and moving the parking adjacent to the travel lane are traffic calming features that should reduce traffic speeds and improve conditions for non-motorized users. Staff met with Councilmember Wilson on developing a conceptual layout for the walkway and he concurred with staff’s recommendation to use traffic calming funding to evaluate the reconfiguration and narrowing of Sunset Avenue. Packet Page 349 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 34 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Interurban Trail Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-300 Utility Const Fund Construction Projects 412.300.630.594.320.650.00 (71,000) 412-300 Utility Const Fund Interfund Transfer 412.300.630.597.132.550.00 71,000 412-200 Utility Const Fund Construction Projects 412.200.630.597132.550.00 125,000 412-200 Utility Const Fund Construction Projects 412.200.630.597.132.550.00 40,000 412-200 Utility Const Fund Construction Projects 412.200.630.594.320.650.00 (165,000) Total Expenditure Increase (Decrease)-$ 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 $165,000 of Stormwater Utility Funding to the Interurban Trail Project. Packet Page 350 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 35 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Dayton Street Overlay Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const. Fund Interfund Transfer 412.100.630.597.112.550.00 55,000 412-300 Sewer Const. Fund Interfund Transfer 412.300.630.597.112.550.00 25,000 412-100 Water Const. Fund Construction Projects 412.100.630.594.320.650.00 (55,000) 412-300 Sewer Const. Fund Construction Projects 412.300.630.594.320.650.00 (25,000) Total Expenditure Increase (Decrease)-$ 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 $25,000 from the Sewer Utility Fund will be funded by unspent budget allocation for the Sewer Lift Station Rehabilitation projects. Packet Page 351 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 36 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Lift Station 2 Replacement Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const. Fund Interfund Transfer 412.100.630.597.412.550.00 279,000 412-100 Water Const. Fund Construction Projects 412.100.630.594.320.650.00 (279,000) Total Expenditure Increase (Decrease)-$ 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 $279,000 in the 412-100 Water Utility Fund for watermain improvements included in the Sewer Lift Station 2 Replacement project. This amendment will authorize the transfer of this funding to pay for the actual watermain replacement costs. Packet Page 352 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 37 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Dayton/Admiral Emergency Storm Repair Dayton Storm Rehabilitiation Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 76,200 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 82,000 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (158,200) Total Expenditure Increase (Decrease)-$ 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 $158,200 of Stormwater Utility Funding to the Dayton St Storm system repairs. Packet Page 353 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 38 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 2012 Watermain Replacement Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const.Professional Services 412.100.630.594.320.410.00 50,300 412-100 Water Const.Professional Services 412.100.630.594.320.410.00 (50,000) 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 (300) Total Expenditure Increase (Decrease)-$ 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 $10,000 Telemetry System Improvements. Both projects were postponed and the funding is being used to pay for the survey work on the 2012 watermain replacement project. Packet Page 354 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 39 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary BNSF Track Repair Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 120,500 412-100 Water Const.Professional Services 412.100.630.594.320.410.00 10,000 Total Expenditure Increase (Decrease)130,500$ 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 $130,500 to complete the replacement of the City's water utility crossing at Main Street beneath the BNSF railroad tracks. BNSF decided to pursue the track repair at Main Street and the City utility work in fall 2011 and the 2011 Budget did not inlcude funding for this project. The City Council authorized the expenditure of this funding at the November 1st Council Meeting. Packet Page 355 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 40 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Lake Ballinger Basin Study and Associated Projects Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Stormwater Const. Professional Services 412.200.630.594.320.410.00 18,500 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (18,500) Total Expenditure Increase (Decrease)-$ 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 $18,500 used to fund the additional Lake Ballinger work will be paid with unspent 2011 budget allocation for the Lower Perrinville/Talbot Rd Drainage Improvements project that has been postponed to 2012. Packet Page 356 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 41 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary City BNSF Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 109,000 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (109,000) 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 8,000 412-100 Water Const.Construction Projects 412.100.630.594.320.650.00 (8,000) Total Expenditure Increase (Decrease)-$ 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 $10,000 budget allocation for the Telemetry System Improvement project that did not go forward in 2011. Packet Page 357 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 42 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 226th St. Walkway Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const.Professional Services 112.200.630.595.330.410.00 6,000 112 Street Const.Interfund Services 112.200.630.595.330.910.00 14,000 412-200 Stormwater Const. Construction Projects 412.200.630.594.320.650.00 (20,000) 412-200 Stormwater Const. Transfer 412.200.630.597.112.550.00 20,000 Total Expenditure Increase (Decrease)20,000$ 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 $20,000 of stormwater utility funding to pay for the stormwater design and improvements completed with the project. The stormwater utility funding will come from unspent 2011 budget allocation for the Lower Perrinville/Talbot Rd Drainage Improvements. Packet Page 358 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 43 Prepared By:Deb Sharp Department:Multimodal/Utility Description on Budget Amendment Summary Decrease Interfund Transfers Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 113 Multimodal Transfer 113.000.610.597.001.550.00 (25,000) 411 Utility Fund Transfer 411.000.652.597.001.550.00 (18,126) 411 Utility Fund Transfer 411.000.654.597.001.550.00 (18,126) 411 Utility Fund Transfer 411.000.655.597.001.550.00 (18,126) Total Expenditure Increase (Decrease)(79,378)$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund Transfer 001.000.000.397.113.000.00 25,000 001 General Fund Transfer 001.000.000.397.411.000.00 54,378 Total Revenue (Increase) Decrease 79,378 Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 113 Multimodal 113.000.610.508.000.000.00 25,000 411 Utility 411.000.654.508.000.000.00 54,378 001 General Fund 001.000.390.508.000.000.00 (79,378) Total Ending Fund Balance Increase (Decrease)- Two interfund transfers included in the 2011 budget need to be removed. One transfer from the Multimodal Fund to the General Fund for S. Clifton and C. Cruz is not needed in the current year. The transfer from the Utility Fund to the General Fund needs to be reduced to zero. The Utility Engineer supported by the transfer is actually part of the interfund services calculation for engineering services. This amendment was not part of the original budget amendment. The issue was addressed at the finance committee after review of the 3rd quarter report. Packet Page 359 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 44 Prepared By:Deb Sharp Department:REET 1 & 2 Description on Budget Amendment Summary Reduce REET forecast Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount Total Expenditure Increase (Decrease)-$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 125 REET 1 Tax Revenue 125.000.000.317.340.020.00 120,000 126 REET 2 Tax Revenue 126.000.000.317.340.010.00 120,000 Total Revenue (Increase) Decrease 240,000 Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 125 REET 1 125.000.640.508.000.000.00 (120,000) 126 REET 2 126.000.390.508.000.000.00 (120,000) Total Ending Fund Balance Increase (Decrease)(240,000) Based on actual trends for 2011, the finance department is reducing the REET forecast for both REET 1 and 2. The forecast is trending toward REET revenue in the amount of $580,000 instead of the budgeted $700,000. This amendment was not part of the original budget amendment. The issue was addressed at the finance committee after review of the 3rd quarter report. Packet Page 360 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 45 Prepared By:Deb Sharp Department:Non-Departmental Description on Budget Amendment Summary ECA Loan Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund ECA Contingency Reserve 001.000.390.598.190.520.00 153,185 Total Expenditure Increase (Decrease)153,185$ 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 (153,185) Total Ending Fund Balance Increase (Decrease)(153,185) In December of 2010 Council passed an amendment during the 2011 budget process to add $100,000 to fund the 2011 shortfall at the Edmonds Center for the Arts. On October 4, 2011 J. McIalwain gave a presentation that the anticipated shortfall for 2011 will be $250,000. The budget appropriation request is for $153,185. The City sent a check to ECA in May for $83,185 and now they are requesting a loan amount of $170,000. This amendment was not part of the original budget amendment. The issue was addressed at the finance committee. Packet Page 361 of 408 EXHIBIT “D”: Budget Amendment Detail (November 2011) 46 Prepared By:Deb Sharp Department:Various Description on Budget Amendment Summary B-Fund Contributions Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Interfund Rental-Police 001.000.410.521.100.950.00 7,584 001 General Fund Interfund Rental-Police 001.000.410.521.210.950.00 8,400 001 General Fund Interfund Rental-Police 001.000.410.521.220.950.00 120,372 001 General Fund Interfund Rental-Police 001.000.410.521.260.950.00 6,000 001 General Fund Interfund Rental-Police 001.000.410.521.310.950.00 6,480 001 General Fund Interfund Rental-Police 001.000.410.521.710.950.00 11,364 001 General Fund Interfund Rental-Police 001.000.410.521.910.950.00 4,200 001 General Fund Interfund Rental-Police 001.000.410.528.600.950.00 48,000 001 General Fund Interfund Rental-IT 001.000.310.518.800.950.00 2,400 001 General Fund Interfund Rental-Building 001.000.620.524.100.950.00 3,696 001 General Fund Interfund Rental-Engineering 001.000.620.532.200.950.00 1,200 001 General Fund Interfund Rental-Planning 001.000.620.558.600.950.00 1,200 001 General Fund Interfund Rental-Recreation 001.000.640.574.200.950.00 3,444 001 General Fund Interfund Rental-Parks 001.000.640.576.800.950.00 24,552 001 General Fund Interfund Rental-PW Admin 001.000.650.519.910.950.00 1,800 001 General Fund Interfund Rental-Facilities 001.000.651.519.920.950.00 30,000 111 Street Fund Interfund Rental 111.000.653.542.900.950.00 74,232 Total Expenditure Increase (Decrease)354,924$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 511 Equipment Rental B-Fund Rental Charge 511.100.000.365.210.000.00 (354,924) Total Revenue (Increase) Decrease (354,924) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 001 General Fund 001.000.390.508.000.000.00 (280,692) 111 Street Fund 111.000.653.508.000.000.00 (74,232) 511 Equipment Rental 511.100.657.508.000.000.00 354,924 Total Ending Fund Balance Increase (Decrease)-$ Reestablish the General Fund and Street Fund B-Fund contributions that were removed from the 2011 budget. This amendment was not part of the original budget amendment. The issue was addressed at the finance committee. Packet Page 362 of 408 AM-4364   Item #: 7. City Council Meeting Date: 11/15/2011 Time:5 Minutes   Submitted For:Shawn Hunstock Submitted By:Shawn Hunstock Department:Finance Review Committee: Finance Committee Action: Approve for Consent Agenda Type: 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 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 in the General Fund. Future funding needs consistent with the intent of 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 11/09/2011 11:02 AM Community Services/Economic Dev.Stephen Clifton 11/09/2011 11:23 AM Final Approval Sandy Chase 11/09/2011 11:59 AM Form Started By: Shawn Hunstock Started On: 11/09/2011 07:03 AM Final Approval Date: 11/09/2011  Packet Page 363 of 408 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 364 of 408 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 365 of 408 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 366 of 408 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 367 of 408 AM-4272   Item #: 8. City Council Meeting Date: 11/15/2011 Time:15 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 Approve proposed General Facilities Charges for sewer, water and storm utility connections and prepare an ordinance to implement the new charges over a three year period beginning in 2012.  Previous Council Action On October 11, 2011, the CS/DS Committee reviewed this item and recommended it be forwarded to the full Council for discussion and approval. On November 7, 2011, the Finance Committee reviewed this item and recommended it be forwarded to the full Council for discussion and approval.   Narrative A General Facilities Charge (GFC) is a one time charge paid by 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 City has not updated its General Facilities Charge (GFC) rate schedule since March 2000.  Form Review Inbox Reviewed By Date Engineering Robert English 11/09/2011 04:22 PM Public Works Phil Williams 11/10/2011 10:09 AM City Clerk Sandy Chase 11/10/2011 10:10 AM Mayor Sandy Chase 11/10/2011 10:35 AM Final Approval Sandy Chase 11/10/2011 10:35 AM Form Started By: Megan Cruz Started On: 10/12/2011  Final Approval Date: 11/10/2011  Packet Page 368 of 408 Final Approval Date: 11/10/2011  Packet Page 369 of 408 AM-4351   Item #: 9. City Council Meeting Date: 11/15/2011 Time:10 Minutes   Submitted For:Pamela 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 Authorize Mayor to sign Addendum No. 1. 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. On November 7, 2011, the CS/DS Committee reviewed this item and recommended it be reviewed by full Council at the November 15, 2011 Council meeting. 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. Packet Page 370 of 408 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 Robert English 11/08/2011 04:28 PM Public Works Phil Williams 11/10/2011 10:09 AM City Clerk Sandy Chase 11/10/2011 10:10 AM Community Services/Economic Dev.Stephen Clifton 11/10/2011 10:11 AM Final Approval Sandy Chase 11/10/2011 10:21 AM Form Started By: Megan Cruz Started On: 11/08/2011  Final Approval Date: 11/10/2011  Packet Page 371 of 408 P a c k e t P a g e 3 7 2 o f 4 0 8 P a c k e t P a g e 3 7 3 o f 4 0 8 P a c k e t P a g e 3 7 4 o f 4 0 8 P a c k e t P a g e 3 7 5 o f 4 0 8 P a c k e t P a g e 3 7 6 o f 4 0 8 P a c k e t P a g e 3 7 7 o f 4 0 8 P a c k e t P a g e 3 7 8 o f 4 0 8 P a c k e t P a g e 3 7 9 o f 4 0 8 AM-4358   Item #: 10. City Council Meeting Date: 11/15/2011 Time:10 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Review Committee: Public Safety Committee Action: Recommend Review by Full Council Type:Action  Information Subject Title Ordinance for 2012 Hourly Positions Employee Wage Schedule. Recommendation from Mayor and Staff Mayor and Staff recommend Council approval of the Hourly Employee Wage Schedule. Previous Council Action This agenda item is being forwarded with recommendation for adoption from the Public Safety, Human Resources Council Committee. The Hourly Employee Wage Schedule is reviewed and adopted by Council each year as part of the budget process.  This has included any regulatory requirements, such as an increase in the State's minimum wage set by the Department of Labor and Industries.   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. Each step is adjusted at 5% increments from step 1, as has been past practice for five years.  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 L& I Minimum Wage Press Release Hourly wage schedule Hourly Wage Ordinance Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/08/2011 04:33 PM Parks and Recreation Carrie Hite 11/09/2011 11:42 AM City Clerk Sandy Chase 11/10/2011 10:37 AM Packet Page 380 of 408 Community Services/Economic Dev.Stephen Clifton 11/10/2011 11:18 AM Final Approval Sandy Chase 11/10/2011 11:34 AM Form Started By: Carrie Hite Started On: 11/08/2011  Final Approval Date: 11/10/2011  Packet Page 381 of 408 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 382 of 408 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 383 of 408 1st YEAR 2nd YEAR 3rd YEAR 4th YEAR 5th YEAR STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 H1 $9.04 $9.49 $9.97 $10.46 $10.99 H2 $9.70 $10.19 $10.70 $11.23 $11.80 H3 $10.18 $10.69 $11.23 $11.79 $12.38 H4 $10.95 $11.49 $12.07 $12.67 $13.31 H5 $11.69 $12.27 $12.89 $13.53 $14.21 H6 $12.44 $13.06 $13.72 $14.40 $15.12 H7 $13.22 $13.88 $14.57 $15.30 $16.06 H8 $13.71 $14.39 $15.11 $15.87 $16.66 H9 $14.72 $15.46 $16.23 $17.04 $17.89 H10 $15.49 $16.26 $17.07 $17.93 $18.82 H11 $16.39 $17.21 $18.07 $18.97 $19.92 H12 $18.93 $19.88 $20.87 $21.91 $23.01 H13 $21.77 $22.86 $24.00 $25.20 $26.46 H14 $23.95 $25.14 $26.40 $27.72 $29.11 H15 $26.34 $27.66 $29.04 $30.49 $32.02 H16 $28.98 $30.42 $31.95 $33.54 $35.22 H17 $31.87 $33.47 $35.14 $36.90 $38.74 H18 $35.06 $36.81 $38.65 $40.59 $42.62 H19 $38.57 $40.49 $42.52 $44.64 $46.88 H20 $42.42 $44.54 $46.77 $49.11 $51.56 go beyond step 5 of the pay grade. the employee occupied the previous year based on performance. Advancement cannot 2012 HOURLY EMPLOYEE WAGE SCHEDULE 5.0% Step Increases - Minimum Wage Increase 4.3% increase over 2011 per Department of L&I GRADE STEP ADVANCEMENT: Hourly employees are eligible for step advancement following each completed year of service or return to the same seasonal position Packet Page 384 of 408 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. 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 385 of 408 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 386 of 408 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 387 of 408 AM-4359   Item #: 11. City Council Meeting Date: 11/15/2011 Time:10 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation 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 This agenda item is forwarded with recommendation for adoption from the Public Safety/Human Resources Council Committee. 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.  The ordinance includes language added last year by Council, but is not consistent with the current Personnel Policy, so Council needs to discuss and decide whether to continue with this language for this year.  Following is the additional language Council added last year, and staff is requesting direction on whether to continue to include it, and amend the Personnel Policies accordingly: 1.3 When a non-represented employee is assigned to work in a position with a higher pay rate in order to Packet Page 388 of 408 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. ***This additional compensation shall be temporary and shall not exceed six (6) months or will cease when the vacant position has been filled, whichever comes first. Up to one week of additional compensation may be paid if the designated employee assists in training the new hire.*** ( added language ) Attachments NRC Policy Non represented salary ordinance Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/09/2011 11:58 AM Community Services/Economic Dev.Stephen Clifton 11/09/2011 01:18 PM Final Approval Sandy Chase 11/09/2011 01:20 PM Form Started By: Carrie Hite Started On: 11/08/2011  Final Approval Date: 11/09/2011  Packet Page 389 of 408 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 390 of 408 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 391 of 408 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 392 of 408 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 393 of 408 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 normally range between zero percent (0%) up to three percent (3%) but for exceptional performance 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. This additional compensation shall be temporary and shall not exceed six (6) months or will cease when the vacant position has been filled, whichever comes first. Up to one week of additional compensation may be paid if the designated employee assists in training the new hire. 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 Packet Page 394 of 408 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 395 of 408 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 396 of 408 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 397 of 408 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 398 of 408 AM-4367   Item #: 12. City Council Meeting Date: 11/15/2011 Time:15 Minutes   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Information  Information Subject Title Report on City Council Committee Meetings of November 7, 2011. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative Attached are copies of the minutes for the following City Council Committee Meetings: •11-07-11 Community Services/Development Services Committee •11-07-11 Finance Committee •11-07-11 Public Safety/Human Resources Committee Attachments 11-07-11 CS/DS Committee Minutes 11-07-11 Finance Committee Mintues 11-07-11 PS/HR Committee Minutes Form Review Inbox Reviewed By Date Community Services/Economic Dev.Stephen Clifton 11/10/2011 10:11 AM Final Approval Sandy Chase 11/10/2011 10:21 AM Form Started By: Sandy Chase Started On: 11/09/2011 11:03 AM Final Approval Date: 11/10/2011  Packet Page 399 of 408 D R A F T M I N U T E S Community Service/Development Services Committee Meeting November 7, 2011 Elected Officials Present: Staff Present: Council Member Adrienne Fraley-Monillas, Chair Phil Williams, Public Works Director Council Member Michael Plunkett Rob English, City Engineer Rob Chave, Planning Manager Carrie Hite, Parks Director The committee convened at 6:00 p.m. A. 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. Mr. Chave reviewed the issues discussed by the Council at the November 1st public hearing on this subject, noting that the Council referred the item to Committee to further discuss the boundaries. He reviewed the history of why the activity center concept came into being and how it was intended to reinforce walkability/transit concepts and show how single family neighborhoods were part of a mixed use activity area. The Committee invited Colleen McDonald, Jim Underhill, and Bruce Wittenberg to the table to comment. Ms. McDonald believed that the ‘activity center’ boundary encouraged developers to ask for zoning changes, while Mr. Wittenberg felt that every effort should be made to protect single family neighborhoods from the encroachment of other uses and the the activity center designation was not supporting this effort. Mr. Underhill noted that his neighborhood along 215th Street had received a plan/zoning change to single family to protect its status. Councilmember Plunkett stated that the single family residents located within the Medical/Highway 99 Activity Center boundary may feel less attachment to the commercial and other uses located within the activity center than those who live downtown and are more active participants in the downtown activity center. The Committee expressed an interest in removing at least the single family area along 220th Street SW from the activity center boundary. ACTION: The Committee decided to forward the boundary issue to the full Council for a public hearing to take place the first meeting in December. B. Marina Beach BNSF Land Lease. Ms. Hite provided information on the land lease. There was no discussion. ACTION: Moved to consent agenda for approval. C. Authorization for the Mayor to sign the Emergency Intertie Agreement between Seattle Public Utilities and City of Edmonds. Packet Page 400 of 408 CS/DS Committee Minutes November 7, 2011 Page 2 2 Mr. Williams briefly reviewed the history of the water usage with Seattle Public Utilities and how the intertie connection will be used for emergency purposes in the future. The proposed intertie agreement addresses the provisions of the water usage beginning on January 1, 2012 and expiring on December 31, 2062. ACTION: Moved to consent agenda for approval. D. Authorization for Mayor to sign Addendum No. 1 to Professional Services Agreement for the Sewer Rehabilitation Project with CHS Engineers. Mr. English described the purpose and need to rehabilitate nine sewer lift stations within the City’s sewer system. An initial design contract with CHS Engineers was approved in 2009 and the project is now 95% designed. The addendum includes additional design work, right of way support and construction management services during the construction phase. The additional services in the addendum will be paid by the 412 Sewer Utility Fund. ACTION: Item will be scheduled for discussion at the next Council Meeting. E. Authorization to approve a sewer and storm easement for installation of a sewer main for the 2012 Sewerline Replacement Project. Staff is working on the 2012 Sewerline replacement program and an easement has been secured from the Port of Edmonds so the project can be constructed in 2012. The project will install approximately 1000 feet of new 8-inch diameter sewerline. ACTION: Moved to consent agenda for approval. F. Authorization to approve an easement for installation of watermain for the 2012 Waterline Replacement Project. Staff secured easements from seven property owners for the Hillcrest Lane waterline replacement project. The project will upsize and replace the existing waterline that is in poor condition and in need of replacement. ACTION: Moved to consent agenda for approval. G. 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. Mr. English and Mr. Williams discussed the planned improvements for Main Street between 5th and 6th Avenues. Staff secured a federal transportation grant in 2010 to help pay for the improvements and staff is pursuing additional funding opportunities to pay for all of the improvements being considered on the project. The City executed a contract with Parametrix in May of this year for the preliminary design phase. The proposed contract will complete the environmental documentation and final design of the project. Packet Page 401 of 408 CS/DS Committee Minutes November 7, 2011 Page 3 3 ACTION: Moved to consent agenda for approval. H. Discussion regarding city polystyrene ban. ACTION: I. Public Comments. ACTION: The meeting adjourned at 7:15p.m. Packet Page 402 of 408 FINANCE COMMITTEE MEETING MINUTES November 7, 2011 Councilmembers Present Staff Present Councilmember Petso (arrived 6:04 p.m.) Jim Tarte, Financial Consultant Councilmember Buckshnis Shawn Hunstock, Finance Director Phil Williams, Public Works Director Public Present Deb Sharp, Accountant Ron Wambolt Carl Nelson, CIO John McGibbon Rob English, City Engineer Bruce Witenberg Harry Gatjens Councilmember Buckshnis called the meeting to order at 6:01 p.m. A. Authorization for the Mayor to Sign Amendment No. 1 to the Facilities Lease between the City of Edmonds and Clearwire LLC. Mr. Williams explained Clearwire has a lease with the City to co-locate their communication facility on the tower at the Five Corners reservoir and pump station property. The tower is owned by T-Mobile and there are separate lease agreements with occupants on the tower as well as an overarching lease with T-Mobile. The Clearwire lease is for 20 years with an initial 5-year term and the possibility of three 5-year extensions subject to the City and Clearwire agreeing to terms. The terms the City proposed and Clearwire accepted are the current lease of approximately $7,100/year, escalating 4%/year or CPI whichever is greater. He recommended the City Council approve the lease. Action: Schedule on Consent. B. Presentation of Study to Update the City’s General Facilities Charges for Utilities by City Staff and the FCS Group. Mr. Williams explained the 2011 budget included a decision package for FCS Group to update the General Facilities Charge (GFC) for utilities. The GFC is called a connection charge in the City’s code. The City’s GFC has not been updated since 2001. Components of the GFC include, 1) prorated share of past investments, and 2) CIP investments in the next planning horizon divided by the number of customers. He provided the current and proposed GFC for each utility: Utility Current Proposed Water $908 $5,050 Sewer $730 $4,417 Storm $428 $ 792 Action: Present to full Council. C. General Fund Update – September 2011 Mr. Hunstock reviewed the General Fund update, highlighting revenue and expenses that are over and under budget. Telephone Utility Tax continues to be below budget. Intergovernmental appears high but the fourth quarter of most of the large quarterly payments have been paid. Mr. Tarte added a narrative to the report. Mr. Hunstock recommended using a fund balance approach (the approach used in audited financial statements) beginning in the first quarter of 2012. Action: Information only. Packet Page 403 of 408 11-07-11 Finance Committee Minutes, Page 2 D. 3rd Quarter Budget Report 2011 Mr. Hunstock explained the $22 million in General Fund revenue versus $24 million in expenditures is due to fourth quarter payments that have been made and the second half of property taxes that have not yet been received. He anticipated an approximately $600,000 surplus at year end. Mr. Tarte recommended using some of surplus to fund the B Fund (Vehicle Replacement Fund) which was not budgeted in 2011 and is not budgeted in 2012. Funding the B Fund can be included in the budget amendment or a motion can made at Council to add it. Discussion followed regarding other items that could be funded with the surplus, concern with funding ongoing expenses with one-time revenue, funds that are below budget due to delayed receipt of grants, the Firemen’s Pension Fund, and LEOFF 1 medical expenses. Councilmembers requested the report include fund numbers for interfund transfers. Action: Information only. E. Public Facilities District Bond Payment Councilmember Petso explained information regarding the ECA bond payment was not provided by ECA staff last Friday as she requested. The objective of review by the Finance Committee was to approve the December bond payment and associated budget amendment on the Consent Agenda. Without the amount the PFD is requesting, it will need to be scheduled as a presentation to Council. Mr. Hunstock agreed to discuss this with ECA Executive Director Joe McIalwain and schedule it on the Consent Agenda or full Council. Action: Schedule on Consent Agenda or as presentation to full Council. F. Reserve Policy Mr. Hunstock explained he has drafted a Reserve Policy and will provide it to Finance Committee Members prior to the December Finance Committee meeting. Action: Schedule on December Finance Committee agenda. G. Investment Policy Mr. Hunstock explained he has drafted an Investment Policy and will provide it to Finance Committee Members prior to the December Finance Committee meeting. Action: Schedule on December Finance Committee agenda. H. Change Animal Benefit Fund to an Annual Appropriation. Mr. Hunstock explained the Animal Benefit Fund will be closed out as a separate, designated fund into the General Fund balance. Action: Schedule on Consent Agenda. I. Eliminate Council Contingency Amount in the General Fund. Mr. Hunstock explained the Council Contingency Fund was created via ordinance, making it a designated fund balance in the General Fund. The $63,483 in the Council Contingency Fund will be Packet Page 404 of 408 11-07-11 Finance Committee Minutes, Page 3 closed into the General Fund balance. There is an annual appropriation in the City Council budget for contingencies. Action: Schedule on Consent Agenda. J. 2011 November Budget Amendment. Ms. Sharp reviewed the budget amendment, highlighting amendments offset by grant revenue, and amendments for traffic calming devices, fire hydrants, and merchant bankcard fees. She explained a decision package in the 2012 budget would change the way the City accepts credit card payments and the fees. Staff responded to Council questions regarding specific amendments. Mr. Tarte observed this budget amendment totals $211,000; budget amendments may be higher in November 2012 because the 2012 budget is so tight. Action: Schedule as a presentation to full Council. K. Update on Financial Policies and Reporting. Councilmember Buckshnis offered examples to Mr. Hunstock. Action: For information only. L. 2012 Contract for Edmonds City Council Sr. Executive Assistant. Committee members discussed consistency between wages/benefits in this employment contract and non-represented employees and requested staff provide additional historical review of wages/benefits. Action: Schedule on December Finance Committee meeting. M. Authorization to Contract with James G. Murphy to Sell Surplus Vehicles. Councilmembers agreed with the recommendation to authorizate Public Works to contract with James G. Murphy to sell surplus city vehicles. Action: Schedule on Consent Agenda. N. Public Comments John McGibbon, Edmonds, asked when information was needed from the ECA Executive Director to allow review by the Finance Committee and approval on the Consent Agenda. Mr. Hunstock answered the information needs to be received no later than Wednesday morning. Ron Wambolt, Edmonds, inquired about the budget amendment for the purchase of the Karlsten property. Councilmember Buckshnis answered it was in regard to a lawsuit on a home that has flooded multiple times. Adjournment – The meeting adjourned at 7:31 p.m. Packet Page 405 of 408 Public Safety & Human Resources Committee November 7, 2011 Page 1 of 3 Minutes Public Safety and Human Resources Committee Meeting November 7, 2011 Elected Officials Present: Council member Stephen Bernheim Elected Officials Absent: Councilmember D.J. Wilson Staff Present: Police Chief Al Compaan Interim HR Director Carrie Hite Fire Marshal John Westfall Public Present: Darrol Haug The meeting was called to order at 6:00 p.m. A. Interlocal Agreement for Special Weapons and Tactics Team Police Chief Al Compaan provided background on the proposed Interlocal Agreement: 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 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. Action: Forward to an upcoming City Council Consent Agenda with a recommendation to approve. Packet Page 406 of 408 Public Safety & Human Resources Committee November 7, 2011 Page 2 of 3 B. Renew Towing Contracts Police Chief Al Compaan provided background on the proposed towing contracts: 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. 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 two-year extensions. The City Attorney reviewed the contracts and has approved the contracts as to form. Action: Forward to the November 15, 2011 City Council Consent Agenda with a recommendation to approve. The next two items were taken out of order of the agenda. E. Recreational Burning and Air Quality Fire Marshal Westfall was present to respond, at the request of Councilmember Wilson, for a citizen concerned about recreational burning and air quality. FM Westfall clarified the open burning rules, and that the first response for all burning or smoke complaints should be made by way of 911 dispatch. F. Public Comment Darrol Haug said how pleased he was with Officer Harbinson patrolling the Emerald Hills area on Halloween evening. Their homeowners association had hired an off-duty police officer to provide additional security. C. 2012 Hourly Positions by Pay Grade/Title and 2012 Hourly Employee Wage Schedule. Ms. Hite presented the ordinance for 2012 which is routinely done each year as part of the budget process. The ordinance includes the statutorily required increase in the minimum wage, plus a 1.5% COLA, representing the same COLA previously approved by Council for Teamsters and SEIU contracts, the COLA being less than the CPI which came in at 3.6%. Mr. Bernheim said the item should be presented to full council as a discussion item, but that he personally recommends adoption. Packet Page 407 of 408 Public Safety & Human Resources Committee November 7, 2011 Page 3 of 3 Action: Forward to the November 15 City Council Agenda for discussion and possible action. D. Non-Represented Employee compensation ordinance. Ms. Hite presented the ordinance for 2012 which is routinely done each year as part of the budget process. The ordinance includes a 1.5% COLA, representing the same COLA previously approved by Council for Teamsters and SEIU contracts, and is less than the CPI which came in at 3.6%. Mr. Bernheim said the item should be presented to full council as a discussion item, but that he personally recommends adoption. Action: Forward to the November 15 City Council Agenda for discussion and possible action. The meeting adjourned at 6:17 p.m. Packet Page 408 of 408