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2012.04.10 CC Agenda Packet              AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds APRIL 10, 2012             6:00 P.M. - CALL TO ORDER   1.(60 Minutes)Convene in executive session regarding labor negotiations per RCW 42.30.140(4)(b).   (Police Training Room)   2.(5 Minutes)Reconvene in open session and adjourn to Committee Meetings.   CITY COUNCIL COMMITTEE MEETINGS   The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below.   3.FINANCE COMMITTEE Location:  Jury Meeting Room   A.(15 Minutes) AM-4717 Ordinance to establish special duty pay.   B.(30 Minutes) AM-4714 Exploring a Metropolitan Park District   C.(5 Minutes) AM-4723 Quarterly report regarding fiber optic opportunities.   D.(30 Minutes) AM-4718 2012 April Budget Amendment   E.(15 Minutes) AM-4710 Leakage Policy   F.(15 Minutes)Finance Committee Mission Packet Page 1 of 203 F.(15 Minutes) AM-4713 Finance Committee Mission   G.(10 Minutes) AM-4704 General Fund Update - January 2012   H.(10 Minutes) AM-4705 General Fund Update - February 2012   I.(10 Minutes)Public Comments (3-minute limit per person)   4.PLANNING, PARKS AND PUBLIC WORKS COMMITTEE Location:  Council Chambers   A.(10 Minutes) AM-4709 Annual Special Event Contracts   B.(15 Minutes) AM-4724 Update to Edmonds City Code Title 2   C.(5 Minutes) AM-4679 Authorization for Mayor to approve acceptance and recording of a Sanitary Sewer Easement at 616 Maple Street.   D.(5 Minutes) AM-4701 Ordinance amending the Edmonds City Code (ECC) 8.64.060 and 8.64.065, parking provisions in the Downtown Edmonds area.   E.(5 Minutes) AM-4711 Quarterly Public Works Project Report   F.(5 Minutes) AM-4707 Authorization to advertise a Request for Bids for construction services for the Wastewater Treatment Plant Reroofing Project.   G.(5 Minutes) AM-4702 Authorization to advertise a Request for Bids for construction services for the 2012 Waterline Overlay Project.   H.(5 Minutes) AM-4706 Authorization to advertise a Request for Bids for construction services for the Aeration Basin #1 Modifications Project.   I.(5 Minutes) AM-4719 Authorization to approve Temporary Construction Easements for the Main Street (5th Ave - 6th Ave) Improvement Project.   J.(5 Minutes) AM-4715 Resolution for RCO grant for City Park   K.(5 Minutes) AM-4716 Resolution for RCO grant for Sunset Overlook Park   L.AM-4722 Senior Center Agreement 2012   M.Public Comments (3-minute limit per person)   5.PUBLIC SAFETY AND PERSONNEL COMMITTEE Location:  Police Training Room   Packet Page 2 of 203 A.(30 Minutes) AM-4712 Discussion regarding Ethics Boards and/or Code of Ethics for City Council.   B.(10 Minutes)Public Comments (3-minute limit per person)   ADJOURN   Packet Page 3 of 203    AM-4717     3. A.              City Council Meeting Meeting Date:04/10/2012 Time:15 Minutes   Submitted For:Dave Earling Submitted By:Carolyn LaFave Department:Mayor's Office Review Committee: Finance Committee Action: Approve for Consent Agenda Type: Action  Information Subject Title Ordinance to establish special duty pay. Recommendation from Mayor and Staff Finance committee approve ordinance and forward it to the next Council meeting for consent. Previous Council Action In November 2011, City Council eliminated the HR Director position in the 2012 budget. The Council then directed the Mayor to reorganize the duties and responsibilities within Human Resources and come back to Council with a proposal. In February, 2012, Mayor Earling presented a proposal to the Finance Committee and Personnel Committee of the Council. Both of these committees forwarded this proposal to City Council for approval. On February 21, 2012, the full Council approved the Mayor’s staffing proposal for the Human Resources Department (attached ). Narrative In order to implement the Mayor’s human resources reorganization proposal, which was recently authorized by City Council, the Mayor has prepared two recommendations.  The first recommendation was to reclassify the Human Resource Analyst, Mary Ann Hardie, to a Human Resource Manager on a permanent basis. This was approved by Council at the April 3, 2012 Council meeting.   The second recommendation is to add Chapter 2.21 to the Edmonds City Code, Special Duty Pay. This will give the Mayor authority to assign to Managers and Directors special and/or additional duties that are outside the scope of their normal every day duties and to compensate them for this additional work.  In the specific case of the HR reorganization, this will allow the Mayor to implement the full proposal by appropriately compensating a Director from another department for taking on the additional duties of supervising the HR Department.  Packet Page 4 of 203 In general , as the City experiences difficulties in the budget, and as other managers or directors leave the city, or reorganization happens, this tool will allow the Mayor the flexibility to condense, merge, and operate in the most efficient manner possible. The Special Duty pay would then be funded by savings from eliminating positions. Attachments Proposed Ordinance Establishing Special Duty Pay HR Proposal Cost Form Review Inbox Reviewed By Date Final Approval Sandy Chase 04/05/2012 02:22 PM Form Started By: Carrie Hite Started On: 04/05/2012 09:41 AM Final Approval Date: 04/05/2012  Packet Page 5 of 203 - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 2 OF THE EDMONDS CITY CODE TO ESTABLISH SPECIAL DUTY PAY FOR MANAGER AND DIRECTOR LEVEL EMPLOYEES WHO ARE TEMPORARILY OR PERMANENTLY ASSIGNED SPECIAL DUTIES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, RCW 35A.11.020 grants to the City Council the power to organize and regulate the City’s internal affairs; to define the functions, powers, and duties of its officers and employees; and to fix the compensation and working conditions of such officers and employees; WHEREAS, RCW 35A.33.105 authorizes the City Council, by ordinance, to change the wages, hours, and conditions of employment of any or all of its appointive employees if sufficient funds are available for appropriation to such purposes; WHEREAS, the City has determined, in its efforts to be financially prudent in the management of City staff and workload, that it may be advisable under certain circumstances to eliminate certain manager or director level positions and assign the job responsibilities of those positions to other manager or director level employees as special duties; WHEREAS, after review and discussion, the City Council has determined that special duty pay is appropriate for manager and director level City employees under circumstances in which such employees have been temporarily or permanently assigned special duties; and WHEREAS, the City wishes to establish guidelines for the payment of special duty pay; NOW, THEREFORE, Packet Page 6 of 203 - 2 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC Title 2 City Officials and Personnel is hereby amended to add the following language as a new chapter 2.21: Chapter 2.21 Special Duty Pay 2.21.010 Authorization 2.21.020 Special duties – defined 2.21.030 Special duty pay 2.21.010 Authorization. The mayor is authorized to pay any manager or director level employee special duty pay in addition to that person’s regular compensation when the mayor has either temporarily or permanently assigned special duties to that person. 2.21.020 Special duties – defined. “Special duties” are defined as those duties not included as “Primary Duties and Responsibilities” in the employee’s official job description and not otherwise associated with the employee’s position. 2.21.030 Special duty pay. Special duty pay shall consist of up to ten percent of the employee’s salary at the time the special duties are assigned. The mayor is authorized to grant to each such employee up to five percent (5%) for special duty pay at the mayor’s discretion, and shall be based upon the scope of the additional responsibilities identified by the mayor. In establishing the percentage, the mayor may also consider whether such special duties are being assigned on a temporary or permanent basis. If the mayor determines that special duty pay above five percent (5%) is warranted for a particular employee, the mayor will be authorized to grant up to ten percent (10%) for special duty pay upon prior approval by the City Council. Section 2. Severability. If any section, sentence, clause or phrase of this Packet Page 7 of 203 - 3 - 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. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVE EARLING 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 8 of 203 - 4 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2012, 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 TITLE 2 OF THE EDMONDS CITY CODE TO ESTABLISH SPECIAL DUTY PAY FOR MANAGER AND DIRECTOR LEVEL EMPLOYEES WHO ARE TEMPORARILY OR PERMANENTLY ASSIGNED SPECIAL DUTIES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2012. CITY CLERK, SANDRA S. CHASE 4839-3723-1887, v. 2 Packet Page 9 of 203 HR Temporary Staffing Proposal - Jan. 2012 Monthly Cost Position Hours per month Hourly 1 HR Clerk - Salary 40 $12.67 $507 Benefits 0 Position Hours per month Hourly 2 Part-Time HR Assistant*80 $21.89 $1,751.20 Benefits $0.00 Position 3 Acting HR Manager/HR Analyst FT $1,875.11 Benefits - 10%$187.50 Position 4 Acting HR Administrator/ Parks - 5%, FT $516.25 Recreation & Cultural Services Dir Benefits - 10%$52 Position 5 Lead Police Negotiator/Special Projects Consultant Total $4,889 * This is an additional temporary position that will bring HR technical experience to assist with the HR Manager's workload. Packet Page 10 of 203 Jan - June 2012 Jan - Dec. 2012 6 Month Cost 12 Month Cost $3,040.80 $6,081.60 0 0 $22,765.60 $45,531.20 $0.00 $0.00 $11,250.66 $22,501.32 $1,125 $2,250 $3,097.50 $6,195.00 $312 $624 $10,000 $10,000 $51,591.56 $93,183.12 * This is an additional temporary position that will bring HR technical experience to assist with the HR Manager's workload. Packet Page 11 of 203    AM-4714     3. B.              City Council Meeting Meeting Date:04/10/2012 Time:30 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Committee: Finance Type: Information Information Subject Title Exploring a Metropolitan Park District Recommendation from Mayor and Staff Finance Committee engage in discussion to identify exploratory process for a Metropolitan Park District. Previous Council Action On March 27th, Council received a presentation and overview of a Metropolitan Park District. The Council was interested in exploring this more, and referred the topic to the Finance Committee for further review. Narrative The Parks, Recreation, and Cultural service budget has been struggling since 2009. Most significantly, this can be evidenced in the Parks Capital improvement fund, or REET, and the fund balances decreasing in both REET and the Cemetery. For example, in 2006-2009, the average REET revenue was 3.5 Million. In 20010-2011, the average was $500,000. This reduction in revenue has resulted in an unprecedented drop in ongoing maintenance levels of our capital investments in our parks system. The City has responded in a number of ways to the budget difficulties within the past few years. For example, last year, instead of a 2% cut, the Department sought to balance the budget with increased revenue options, including non- resident differential pricing, adding concessions to parks, renegotiating our instructor contracts, hiring less seasonal staff, and relying on the our residents and community to help with projects in the Parks system. But, despite these efforts, residents continue to experience parks that are less attractive, and less responsive to their needs, and there is increasing concern that the hidden impacts of deferred maintenance will soon become more visible and, in the long run, more costly to resolve. While trying to balance the Parks budget, without an increased amount of service level cuts, has been difficult at best. As the City faces an additional deficit next year, there is nowhere left to cut without impacting service level. In addition to this difficult situation, there are some exciting opportunities for Edmonds. The City’s previous feasibility study and concept design of an expanded aquatic complex at Yost pool location is of high interest in the community. The recent discussions with the School District in regard to adding soccer fields at Woodway HS, and the renovation of Civic Stadium are also starting to gain interest. The City is conducting a feasibility study on next steps to rehabilitate Edmonds Marsh, restoring it for wildlife and salmon.  In response to these issues, staff presented the idea of a Metropolitan Park District to Council on March 27, 2012. Staff recommended that if Council was interested, it might be best to form an MPD Exploratory Packet Page 12 of 203 Committee. This Committee could be formed with stakeholders representing a broad array of community interests, 1-2 City Council members, and staff support.  This Committee could be charged with gathering and interpreting information about the pros and cons of an MPD; explore goals, issues, needs and priorities of Edmonds Parks and Recreation system; direct public outreach strategies such as citizen surveys and open houses and prepare conclusions and recommendations for Council consideration.  This Committee could meet over the months of May and June, and be prepared to make recommendation to Council in July. If Council were to consider placing this on the November ballot, it would need to be filed in August. If Council makes this decision, the Committee could then become the voice of the MPD in the community prior to November.  Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/05/2012 02:20 PM Mayor Dave Earling 04/06/2012 08:50 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Carrie Hite Started On: 04/05/2012 09:21 AM Final Approval Date: 04/06/2012  Packet Page 13 of 203    AM-4723     3. C.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted For:Shawn Hunstock Submitted By:Carl Nelson Department:Finance Committee: Finance Type: Information Information Subject Title Quarterly report regarding fiber optic opportunities. Recommendation from Mayor and Staff For Informational Purposes Previous Council Action Resolution 1234 - Support of Continued Development of Fiber Optic Opportunities as a Source of City Revenue. Narrative The August 24, 2010 presentation of "Edmonds Fiber Optic Broadband Initiative - Background and Update" resulted in Resolution 1234 - setting the policy to review Fiber Optic "opportunity that serves the interest of the citizenry of Edmonds" and requiring quarterly reports to the Finance Committee. Progress has been made: The Building at 110 James Street and SNOCOM are using City provided internet services. The Edmonds Center for the Arts has been connected and a testing is proceeding. A downtown business and a tenant at the Port of Edmonds are considering using City of Edmonds fiber for a portion of their business needs. Attachment 1 shows overall expenditures and savings/revenues and an estimated Net to the City for the project.  With the addition of 110 James, the estimated break even date has moved up to Oct 2014 from Apr 2015. Attachment 2 shows (in support of the analysis in Attachment 1) an April 2nd 2012 snapshot (minor changes may occur due to month end postings) of expenditures to date . Expenditures for the 2012 Fiber Optic Budget have been: ISP charges (approx $2,800), Professional Services (approx $3,300.), and Small Equipment (lasers) ($1,494)  which are being used in the replacement of multimode fiber between the Waste Water Treatment plant and City Hall as well as the ECA test. Attachments Attachment 1 Attachment 2 Packet Page 14 of 203 Form Review Inbox Reviewed By Date Finance Shawn Hunstock 04/05/2012 06:43 PM City Clerk Sandy Chase 04/06/2012 08:07 AM Mayor Dave Earling 04/06/2012 08:44 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Carl Nelson Started On: 04/05/2012 02:01 PM Final Approval Date: 04/06/2012  Packet Page 15 of 203 ATTACHMENT 1 Costs incurred to date: 7/28/2010 12/31/2010 12/31/2011 4/2/2012 Monthly Yearly $7,888.99 $ 7,888.99 $ 7,888.99 7888.99 Small Equipment:Small scale purchases for switching and routing equipment (accessories) necessary to expand the networks ability to accommodate additional partners. $17,336.17 18,799.79 18,799.79 $20,294.39 Professional Svc:Consulting for Configuration, Design, Install, Legal fees and consulting fees for the Program Director. (July 22nd MOU with City of Seattle will reduce this by $20,245.38) $236,439.11 $ 258,995.32 $ 266,446.24 $ 245,504.15 Reimbursement: $ (20,874.08) $ (24,249.08) Communications:Fees paid to the regional fiber consortium for shared costs of certain assets and fees paid for Internet access. $92,902.82 99,228.45 $ 110,222.85 $112,971.45 $1,000 $12,000 Rental & Lease:Pole rental $8,007.43 8,500.93 $ 8,500.93 $8,500.93 Repair & Maintenance:Fees paid to the regional fiber consortium for shared Maintenance of certain assets as well as repairs to wholly owned fiber assets. Ongoing costs of $196/month for pole rental and consortium dues + $2,000 CISCO maintenance $2,570.85 2,570.85 $ 8,731.75 $8,731.75 $363 $4,352 Miscellaneous $628.52 3,378.52 $ 3,378.52 $3,378.52 Equipment:Fiber construction & Equipment costs associated with establishing service and connection of new partners to the network. $126,248.00 $ 126,248.00 $ 126,248.00 $ 126,248.00 TOTAL Costs to Date $492,021.89 $504,736.77 $525,967.99 $533,518.18 TOTALS:$1,363 $16,352 Recurring savings or revenues implemented: Item 7/28/2010 12/31/2010 12/31/2011 4/2/2012 Month Year Replacement of (2) T-1's to City Offices Began 1/2007 $34,100 $39,600 $52,800 $56,100 $1,100 $13,200 Video Arraignment - reduction transportation (Feb 2010 estimate)$16,500 $30,250 $63,250 $71,500 $2,750 $33,000 Video Arraignment – reduction in Jail Days $16,614 $30,459 $63,687 $71,994 $2,769 $33,228 SAVINGS $67,214 $100,309 $179,737 $199,594 $6,619 $79,428 REVENUE FROM CUSTOMERS $48,500 $56,000 $77,000 $85,610 $2,870 $34,440 TOTAL BENEFIT TO CITY $115,714 $156,309 $253,737 $285,204 $8,119 $113,868 BALANCE ($376,307.89)($348,427.77)($272,230.99)($248,314.18)NET $97,516 Years to pay off:3.9 3.6 2.8 2.5 Likely pay off date:6/5/2014 10/31/2015 1/19/2015 10/22/2014 CUMULATIVE Savings/Revenues as of:REV/SAVINGS PER EST on-going Item Supplies:Miscellaneous publishing of plans, documents and drawings in support of the projects major directives. Description CUMULATIVE Costs as of: Packet Page 16 of 203 2006 2007 2008 2009 2010 2011 2012 2012 Title/Object Actuals Actuals Actuals Actuals Actuals Actuals Budgeted Actuals 310 SUPPLIES -$ -$ -$ 7,888.99$ -$ -$ -$ 7,888.99$ 350 SMALL EQUIPMENT - - - 17,336.17 1,463.62 - 3,500.00 1,494.60 20,294.39$ 410 PROFESSIONAL SERVICES 7,795.68 34,886.87 76,370.39 93,116.02 46,826.36 7,450.92 6,000.00 3,306.99 269,753.23$ 420 COMMUNICATIONS - - 34,186.06 43,932.95 21,109.44 10,994.40 13,200.00 2,748.60 112,971.45$ 450 RENTAL/LEASE - - - 4,552.93 3,948.00 - - 8,500.93$ 480 REPAIRS & MAINTENANCE - - - 2,456.39 114.46 6,160.90 2,500.00 8,731.75$ 490 MISCELLANEOUS - - 6.05 600.00 2,772.47 - - - 3,378.52$ 640 EQUIPMENT - 126,248.00 - - - - - - 126,248.00$ Total 7,795.68 161,134.87 110,562.50 169,883.45 76,234.35 24,606.22$ 25,200.00$ 7,550.19$ 557,767.26$ reimbursement(a)(20,874.08) (3,375.00) (24,249.08) 55,360.27 533,518.18 Fiber Optic Budget (Page 31 of 2009/2010 Budget)292,062.00 197,200.00 113,600.00 25,700.00 25,200.00 Difference between budget and expenditures (181,499.50)$ (27,316.55)$ (58,239.73)$ (1,093.78)$ (17,649.81)$ (238,149.56)$ (267,055.78)$ a)2010 Professional Services figures take into consideration reimbursement by project partners totaling $20,874.08 through 12/31/2010. Attachment 2 Total as of 4/02/2012 City of Edmonds Fiber Project Costs FY 2006 - 2012 Packet Page 17 of 203    AM-4718     3. D.              City Council Meeting Meeting Date:04/10/2012 Time:30 Minutes   Submitted For:Shawn Hunstock Submitted By:Debra Sharp Department:Finance Committee: Finance Type:  Information Subject Title 2012 April Budget Amendment Recommendation from Mayor and Staff Forward to full council for approval Previous Council Action None Narrative The first part of the budget amendment contains items that were budgeted for in 2011 but the expenditures were not made and the departments would like to move the expenditure appropriation from 2011 to 2012.  There are only two amendments in this category related to the general fund which total $20,514.  The street fund is asking to move the pavement rating study in the amount of $20,200 from 2011 to 2012.  Two capital projects are also included in this category, the Interurban Trail and the 2011 Watermain Project. Three items on the budget amendment have previously been before council.  They include the HR reorganization, the 2011 Pool Subsidy and the Haines Wharf Park & Walkway project.  The pool subsidy transfer relates to expenditures over revenues earned at the pool in 2011.  The money in this account was raised during 2009 when a group of citizens came forward to save Yost Pool. The final category on the budget amendment contains new items.  There are three budget amendments related to the general fund for a net decrease of $19,687.  One of the amendments is offset by a park donation.  The two amendments requesting an increase in expenditures which will decrease ending fund balance are $5,000 for the Economic Alliance Membership and an additional $14,687 for the Parks and Recreation update to Class Software at Yost Pool, which was a decision package during the 2012 budget process.  Two of the budget amendments are related to the treatment plant for both operations and capital.  The current manager was not on staff during the 2012 budget process and believes these additional costs are necessary to meet the needs of the treatment plant.  The budget amendment transferring funds from one debt fund to another debt fund were monies received from outstanding LID payments but the bonds were paid in 2009.  The remaining three budget amendments relate to capital project funds of which one is offset by grant revenue. Attachments Packet Page 18 of 203 2012 April Budget Amendment Salary Ranges Form Review Inbox Reviewed By Date Finance Shawn Hunstock 04/05/2012 11:05 AM City Clerk Linda Hynd 04/05/2012 12:55 PM Finance Shawn Hunstock 04/05/2012 02:31 PM City Clerk Sandy Chase 04/05/2012 05:57 PM Mayor Dave Earling 04/06/2012 08:47 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Debra Sharp Started On: 04/05/2012 10:06 AM Final Approval Date: 04/06/2012  Packet Page 19 of 203 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3861 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 2012 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. 3861 adopting the final budget for the fiscal year 2012 is hereby amended to reflect the changes shown in “Exhibit A” and “Exhibit B” 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 20 of 203 2 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, DAVE EARLING 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 21 of 203 3 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2012, 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. 3861 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 ________________,2012. CITY CLERK, SANDRA S. CHASE Packet Page 22 of 203 EXHIBIT “A”: Budget Amendments by Revenue (April 2012) 4 ORD. NO. ORD. NO. 2012 FUND FUND 3861 Amended NO. DESCRIPTION 11/22/2011 4/10/2012 Budget 001 GENERAL FUND 33,006,588 7,930 33,014,518 006 EMERGENCY/FINANCIAL RESERVE 0 0 0 009 LEOFF-MEDICAL INS. RESERVE 600,550 0 600,550 010 PUBLIC SAFETY EMERGENCY RESERVE 2,200 0 2,200 104 DRUG ENFORCEMENT FUND 28,200 0 28,200 111 STREET FUND 1,313,650 0 1,313,650 112 COMBINED STREET CONST/IMPROVE 2,006,864 0 2,006,864 113 MULTIMODAL TRANSPORTATION FD. 0 0 0 116 BUILDING MAINTENANCE 56,860 0 56,860 117 MUNICIPAL ARTS ACQUIS. FUND 58,325 0 58,325 118 MEMORIAL STREET TREE 28 0 28 120 HOTEL/MOTEL TAX REVENUE FUND 69,200 0 69,200 121 EMPLOYEE PARKING PERMIT FUND 20,140 0 20,140 122 YOUTH SCHOLARSHIP FUND 2,525 0 2,525 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 0 19,000 125 PARK ACQ/IMPROVEMENT 590,850 77,000 667,850 126 SPECIAL CAPITAL FUND 590,800 0 590,800 127 GIFTS CATALOG FUND 10,759 0 10,759 129 SPECIAL PROJECTS FUND 313,004 169,000 482,004 130 CEMETERY MAINTENANCE/IMPROV 119,850 0 119,850 132 PARKS CONSTRUCTION 1,185,000 104,414 1,289,414 136 PARKS TRUST FUND 177 0 177 137 CEMETERY MAINTENANCE TRUST FD 14,600 0 14,600 138 SISTER CITY COMMISSION 5,230 0 5,230 211 LID FUND CONTROL 46,700 0 46,700 213 LID GUARANTY FUND 46,725 105,000 151,725 234 LTGO BOND DEBT SERVICE FUND 478,573 0 478,573 411 COMBINED UTILITY OPERATION 15,306,920 150,000 15,456,920 412 COMBINED UTILITY CONST/IMPROVE 7,888,400 0 7,888,400 414 CAPITAL IMPROVEMENTS RESERVE 1,126,377 457,012 1,583,389 511 EQUIPMENT RENTAL FUND 1,076,456 0 1,076,456 617 FIREMEN'S PENSION FUND 94,423 0 94,423 631 TRANSPORTATION BENEFIT DISTRICT 600,000 0 600,000 Totals 66,678,974 1,070,356 67,749,330 Packet Page 23 of 203 EXHIBIT “B”: Budget Amendments by Expenditure (April 2012) 5 ORD. NO. ORD. NO. 2012 FUND FUND 3861 Amended NO. DESCRIPTION 11/22/2011 4/10/2012 Budget 001 GENERAL FUND 32,949,288 211,384 33,160,672 006 EMERGENCY/FINANCIAL RESERVE 0 0 0 009 LEOFF-MEDICAL INS. RESERVE 619,811 0 619,811 010 PUBLIC SAFETY EMERGENCY RESERVE 0 0 0 104 DRUG ENFORCEMENT FUND 80,233 0 80,233 111 STREET FUND 1,604,948 20,200 1,625,148 112 COMBINED STREET CONST/IMPROVE 2,075,625 31,803 2,107,428 113 MULTIMODAL TRANSPORTATION FD. 0 0 0 116 BUILDING MAINTENANCE 245,000 0 245,000 117 MUNICIPAL ARTS ACQUIS. FUND 134,550 0 134,550 118 MEMORIAL STREET TREE 0 0 0 120 HOTEL/MOTEL TAX REVENUE FUND 73,750 0 73,750 121 EMPLOYEE PARKING PERMIT FUND 26,086 0 26,086 122 YOUTH SCHOLARSHIP FUND 4,000 0 4,000 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 0 19,000 125 PARK ACQ/IMPROVEMENT 875,000 77,000 952,000 126 SPECIAL CAPITAL FUND 697,717 0 697,717 127 GIFTS CATALOG FUND 12,275 0 12,275 129 SPECIAL PROJECTS FUND 313,000 170,500 483,500 130 CEMETERY MAINTENANCE/IMPROV 172,005 0 172,005 132 PARKS CONSTRUCTION 1,187,000 210,000 1,397,000 136 PARKS TRUST FUND 0 6,930 6,930 137 CEMETERY MAINTENANCE TRUST FD 0 0 0 138 SISTER CITY COMMISSION 4,600 0 4,600 211 LID FUND CONTROL 46,500 105,000 151,500 213 LID GUARANTY FUND 0 0 0 234 LTGO BOND DEBT SERVICE FUND 478,573 0 478,573 411 COMBINED UTILITY OPERATION 15,598,246 191,481 15,789,727 412 COMBINED UTILITY CONST/IMPROVE 10,465,068 482,611 10,947,679 414 CAPITAL IMPROVEMENTS RESERVE 1,126,376 457,012 1,583,388 511 EQUIPMENT RENTAL FUND 1,321,334 0 1,321,334 617 FIREMEN'S PENSION FUND 123,515 0 123,515 631 TRANSPORTATION BENEFIT DISTRICT 600,000 0 600,000 Totals 70,853,500 1,963,921 72,817,421 Packet Page 24 of 203 EXHIBIT “C”: Budget Amendments (April 2012) 6 Department BARS Category Debit Credit Description Carry Forwards from 2011 Community Services 001 000 610 519 700 410 00 Professional Services 3,924 Verizon EG Grant General Fund 001 000 000 308 000 000 00 Beginning Fund Balance 3,924 Economic Development 001 000 240 513 110 410 00 Professional Services 13,180 Strategic Plan Funding Amendment Planning 001 000 620 558 600 410 00 Professional Services 3,410 General Fund 001 000 000 308 000 000 00 Beginning Fund Balance 16,590 Street Fund 111 000 653 542 310 410 00 Professional Services 20,200 Pavement Rating Study Street Fund 111 000 000 308 000 000 00 Beginning Fund Balance 20,200 Utility Fund 412 100 630 594 320 650 00 Construction 390,000 2011 Watermain Project Utility Fund 412 100 000 308 000 000 00 Beginning Fund Balance 390,000 Utility Construction Fund 412 200 630 597 132 550 00 Interfund Transfers 92,611 Utility Construction Fund 412 200 630 508 000 000 00 Ending Fund Balance 92,611 Street Construction Fund 112 200 630 597 112 550 00 Interfund Transfers 11,803 Street Construction Fund 112 200 630 508 000 000 00 Ending Fund Balance 11,803 Parks Construction Fund 132 000 640 594 760 650 00 Construction 210,000 Parks Construction Fund 132 000 000 397 412 200 00 Interfund Transfers 92,611 Interurban Trail Parks Construction Fund 132 000 000 397 112 200 00 Interfund Transfers 11,803 Parks Construction Fund 132 000 640 308 000 000 00 Beginning Fund Balance 210,000 Parks Construction Fund 132 000 640 508 000 000 00 Ending Fund Balance 104,414 Items Previously Before Council Human Resources 001 000 220 516 100 110 00 Salaries 80,309 HR Reorganization Human Resources 001 000 220 516 100 230 00 Benefits 2,874 Human Resources 001 000 220 516 100 410 00 Professional Services 10,000 General Fund 001 000 390 508 000 000 00 Ending Fund Balance 93,183 Parks Trust Fund 136 300 640 597 001 550 00 Interfund Transfers 6,930 2011 Pool Subsidy Parks Trust Fund 136 300 640 508 000 000 00 Ending Fund Balance 6,930 General Fund 001 000 000 397 136 000 00 Interfund Transfers 6,930 General Fund 001 000 390 508 000 000 00 Ending Fund Balance 6,930 REET 125 000 640 594 750 410 00 Professional Services 77,000 Haines Wharf Park & Walkway REET 125 000 000 397 001 000 00 Interfund Transfers 77,000 Non-Departmental 001 000 390 597 125 550 00 Interfund Transfers 77,000 General Fund 001 000 390 508 000 000 00 Ending Fund Balance 77,000 Packet Page 25 of 203 EXHIBIT “C”: Budget Amendments (April 2012) 7 Department BARS Category Debit Credit Description New Items Before Council Non-Departmental 001 000 390 519 900 490 00 Miscellaneous 5,000 Economic Alliance Membership General Fund 001 000 390 508 000 000 00 Ending Fund Balance 5,000 Parks and Recreation 001 000 640 574 350 310 00 Supplies 1,000 Discovery Program Supplies Parks and Recreation 001 000 000 367 110 000 00 Parks Donations 1,000 Parks and Recreation 001 000 640 575 510 350 00 Small Equipment 14,687 Update of Class Software General Fund 001 000 390 508 000 000 00 Ending Fund Balance 14,687 Special Projects Fund 129 000 240 595 700 650 00 Construction 120,000 SR99 Grant Funding Project Special Projects Fund 129 000 240 595 700 410 00 Professional Services 50,500 Special Projects Fund 129 000 000 333 020 501 00 Grants 169,000 Special Projects Fund 129 000 000 508 000 000 00 Ending Fund Balance 1,500 LID Fund Control 211 000 320 597 213 550 00 Interfund Transfers 105,000 LID Receipts LID Fund Control 211 000 320 508 000 000 00 Ending Fund Balance 105,000 LID Guaranty Fund 213 000 000 397 211 000 00 Interfund Transfers 105,000 LID Guaranty Fund 213 000 320 508 000 000 00 Ending Fund Balance 105,000 Utility Fund 411 000 656 538 800 120 00 Overtime 15,000 Amendment Request for 411 Utility Fund 411 000 656 538 800 320 00 Fuel Consumed 50,723 Utility Fund 411 000 656 538 800 410 00 Professional Services 25,000 Utility Fund 411 000 656 538 800 480 22 Repair & Maintenance 20,000 Utility Fund 411 000 000 338 800 070 00 Intergov't Revenues 50,000 Utility Fund 411 000 000 338 800 050 00 Intergov't Revenues 200,000 Utility Fund 411 000 654 508 000 000 00 Ending Fund Balance 39,277 Capital Improvement Fund 414 000 656 594 320 650 10 Construction 380,208 414 Capital Improvement Capital Improvement Fund 414 000 656 594 320 650 10 Construction 8,196 Capital Improvement Fund 414 000 656 594 320 410 10 Professional Services 85,000 Utility Fund 411 000 655 597 414 550 00 Interfund Transfers 80,758 Capital Improvement Fund 414 000 000 338 800 040 00 Intergov't Revenues 127,000 Capital Improvement Fund 414 000 000 383 070 080 00 Intergov't Revenues 110,000 Capital Improvement Fund 414 000 000 383 070 040 00 Intergov't Revenues 50,000 Capital Improvement Fund 414 000 000 383 070 050 00 Intergov't Revenues 11,000 Capital Improvement Fund 414 000 000 338 800 010 00 Intergov't Revenues 36,849 Capital Improvement Fund 414 000 000 338 800 030 00 Intergov't Revenues 15,087 Capital Improvement Fund 414 000 000 338 800 020 00 Intergov't Revenues 26,318 Capital Improvement Fund 414 000 000 397 411 100 00 Interfund Transfers 80,758 Capital Improvement Fund 411 000 654 508 000 000 00 Ending Fund Balance 80,758 Street Construction Fund 112 200 630 595 330 410 00 Professional Services 1,200 Walnut St & 9th Ave Restriping Street Construction Fund 112 200 630 595 330 910 00 Interfund Services 8,800 Street Construction Fund 112 200 630 508 000 000 00 Ending Fund Balance 10,000 Street Construction Fund 112 200 630 595 330 410 00 Professional Services 1,200 Main St & 9th Restriping Street Construction Fund 112 200 630 595 330 910 00 Interfund Services 8,800 Street Construction Fund 112 200 630 508 000 000 00 Ending Fund Balance 10,000 Packet Page 26 of 203 EXHIBIT “D”: Budget Amendment Summary (April 2012) 8 Fund Number Change in Beginning Fund Balance Revenue Expense Change in Ending Fund Balance 001 20,514 7,930 211,384 (182,940) 111 20,200 20,200 0 112 31,803 (31,803) 125 77,000 77,000 0 129 169,000 170,500 (1,500) 132 210,000 104,414 210,000 104,414 136 6,930 (6,930) 211 105,000 (105,000) 213 105,000 0 105,000 411 150,000 191,481 (41,481) 412 390,000 482,611 (92,611) 414 457,012 457,012 0 Total Change 640,714 1,070,356 1,963,921 (252,851) Above is a summary of changes to various funds. Budget amendments pertaining to the fund are as follows. Fund Name and Title Budget Amendment Summary General Fund 001 Verizon EG Grant Strategic Plan Funding Amendment HR Reorganization 2011 Pool Subsidy Haines Wharf Park & Walkway Membership in Economic Alliance Snohomish County Discovery Program Supplies Update of "Class Software" at Yost Pool Street Fund 111 Pavement Rating Study Street Construction Fund 112 Interurban Trail Walnut St at 9th Ave Restriping Main St at 9th Ave Restriping REET 125 Haines Wharf Park & Walkway Special Projects Fund 129 SR 99 Grant Funding Project Parks Construction Fund 132 Interurban Trail Parks Trust Fund 136 2011 Pool Subsidy LID Fund Control 211 LID Receipts LID Guaranty Fund 213 LID Receipts Utility Fund 411 Treatment Plant Amendment Request 414 Capital Improvement Increase Utility Construction Fund 412 2011 Watermain Project Interurban Trail Capital Improvements Fund 414 414 Capital Improvement Increase Packet Page 27 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 9 Prepared By:Stephen Clifton Department:Community Services Description on Budget Amendment Summary Verizon EG Grant Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Professional Services 001.000.610.519.700.410.00 3,924 Total Expenditure Increase (Decrease)3,924$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Beginning Fund Balance (Increase) Decrease Fund Fund Title Beginning Fund Balance BARS Number Amount 001 General Fund 001.000.000.308.000.000.00 (3,924) Total (3,924) Verizon granted the City $10,000 in 2008 as a result of the franchise granted to Verizon for providing cable to the citizens in Edmonds. The $10,000 is to be used for capital purchases related to operating the City's government channel and transmission and video recording of government events. As of December 31, 2011, $6076.10 had been expended. The $3,923.90 remaining is restricted to capital purchases and must be carried over to the 2012 budget. Packet Page 28 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 10 Prepared By:Stephen Clifton Department:Economic Development Description on Budget Amendment Summary Strategic Plan Funding Amendment Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Professional Services 001.000.240.513.110.410.00 13,180 001 General Fund Professional Services 001.000.620.558.600.410.00 3,410 Total Expenditure Increase (Decrease)16,590$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Beginning Fund Balance (Increase) Decrease Fund Fund Title Beginning Fund Balance BARS Number Amount 001 General Fund 001.000.000.308.000.000.00 (16,590) Total (16,590) The City Council approved a budget of $100,000 to conduct a Strategic Planning process in 2011. The funding sources identified by the Council included: $12,500 from City Council contingency, $7,500 from Planning Division Professional Services, $20,000 from Economic Development Professional Services and $60,000 from Development Services Director salary savings. The $100,000 budgeted amount was not fully spent in year 2011 as the strategic planning process started in the fall of 2011. Scheduled completion is now summer 2012. Although anticipated expenditures for 2011 were $28,560, actual expenditures were $16,590. The budgeted amount from Council Contingency and a portion of Planning Divisions Professional Services was used to pay 2011 invoices. For year 2012 an amendment to add $3,410 to the Planning Division Professional Services budget and $13,180 to the Economic Development Professional Services budget is necessary. Packet Page 29 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 11 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Pavement Rating Study Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 111 Street Fund Professional Services 111 000 653 542 310 410 00 20,200 Total Expenditure Increase (Decrease)20,200$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Beginning Fund Balance (Increase) Decrease Fund Fund Title Beginning Fund Balance BARS Number Amount 111 Street Fund 111.000.000.308.000.000.00 (20,200) Total (20,200) The 2011 Budget included $25,000 for a pavement rating study. The 2011 expenditure was $1,200 and this amendment will transfer the unspent 2011 funds of $20,200 to the 2012 Budget to pay for the remaining costs to complete the study. Packet Page 30 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 12 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary 2011 Watermain Project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412 Utility Const Fund Construction Projects 412 100 630 594 320 650 00 390,000 Total Expenditure Increase (Decrease)390,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decrease - Beginning Fund Balance (Increase) Decrease Fund Fund Title Beginning Fund Balance BARS Number Amount 412 Utility Const Fund 412.100.000.308.000.000.00 (390,000) Total (390,000) The 2011 Watermain project started in summer 2011 and will be completed in spring 2012. This amendment will transfer the unspent budget for the 2011 Watermain Project to the 2012 Budget to pay for construction costs in 2012. Packet Page 31 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 13 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Interurban Trail Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 412-200 Utility Const Fund Construction 412 200 630 597 132 550 00 92,611 112 Street Const Fund Construction 112.200.630.597.112.550.00 11,803 132 Parks Capital Construction 132.000.640.594.760.650.00 210,000 Total Expenditure Increase (Decrease)314,414$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 132 Parks Capital Interfund Transfer In 132 000 000 397 412 200 00 (92,611) 132 Parks Capital Interfund Transfer In 132.000.000.397.112.200.00 (11,803) Total Revenue (Increase) Decrease (104,414) Fund Balance Change Fund Fund Title Fund Balance BARS Number Amount 132 Parks Capital Beginning Fund Balance 132.000.640.308.000.000.00 (210,000) 132 Parks Capital Ending Fund Balance 132.000.640.508.000.000.00 104,414 112 Street Construction Fund Ending Fund Balance 112.200.630.508.000.000.00 (11,803) 412 Utility Construction Fund Ending Fund Balance 412.200.630.508.000.000.00 (92,611) Total (210,000) This budget amendment includes: (1) transfer of funds from the 412-200 Stormwater Utility Fund to the 132 Parks Capital Fund; (2) transfer of funds from the 112 Street Fund to the 132 Parks Capital Fund; and (3) increases the 2012 project budget by transferring unspent funds from the 2011 budget to the 2012 budget. 1. The 2011 budget included $50,000 in the 412-200 Stormwater Utility Fund as a contribution to pay for a proposed stormwater detention vault with the Interurban Trail project. The contractor has completed construction of the detention vault and the transfer can be completed. The second transfer will move $42,611 from the 412-200 Stormwater Utility Fund ending fund balance to the 132 Parks Capital Fund. The transfer provides stormwater funding to pay for the repair of washouts in the 74th Ave W street embankment and new storm drainage improvements completed with the project. The City Council reviewed this item at the September 20, 2011 Council meeting. 2. The second transfer will move $11,803 from the 112 Street Fund ending fund balance to the 132 Parks Capital Fund. The transfer provides a contribution from the street fund to offset costs to reconstruct and pave 74th Ave W. The City Council reviewed this item at the September 20, 2011 Council meeting. 3. The third transfer will move $210,000 of unspent budget from the 2011 budget to the 2012 budget to pay for the remaining construction costs in 2012. Packet Page 32 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 14 Prepared By:Carrie Hite Department:Human Resources Description on Budget Amendment Summary HR Reorganization Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Salaries 001.000.220.516.100.110.00 80,309 001 General Fund Benefits 001.000.220.216.100.230.00 2,874 001 General Fund Professional Services 001.000.220.516.100.410.00 10,000 Total Expenditure Increase (Decrease)93,183$ 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 (93,183) Total Ending Fund Balance Increase (Decrease)(93,183) In November 2011, City Council eliminated the HR Director position in the 2012 budget. The Council then directed the Mayor to reorganize the duties and responsibilities within Human Resources and come back to Council with a proposal. In February, 2011, Mayor Earling presented a proposal to the Finance Committee and Personnel Committee of the Council. Both of these committees forwarded this proposal to City Council for approval. On February 21, 2011, the full Council approved the Mayor’s staffing proposal for the Human Resources Department ( attached ). Packet Page 33 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 15 Packet Page 34 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 16 Prepared By:Renee McRae Department:Parks, Recreation & Cultural Services Description on Budget Amendment Summary 2011 Pool Subsidy Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 136 Parks Trust Fund Interfund Transfers 136.300.640.597.001.550.00 6,930 Total Expenditure Increase (Decrease)6,930$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund Interfund Transfers 001.000.000.397.136.000.00 6,930 Total Revenue (Increase) Decrease 6,930 Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 136 Parks Trust Fund 136.300.640.508.000.000.00 (6,930) 001 General Fund 001.000.390.508.000.000.00 6,930 Total Ending Fund Balance Increase (Decrease)- In 2009, a group of citizens came forward to Save Yost Pool. Their efforts raised $53,394.50 to keep Yost Pool open. The Parks Trust Fund was used as a mechanism to track the donations and acknowledge the donors. The monies were donated with the understanding that they would be returned to the donors if the pool wasn't opened. Transfers were made to the General Fund in 2009 ($21,980) and in 2010 ($24,681) to offset the subsidy. The remainder is now being transferred to help offset the 2011 pool subsidy. The monies were used for the intended purpose of the donors as per RCW 35.21.100. Packet Page 35 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 17 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Haines Wharf Park & Walkway Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 125 Parks Capital Fund Professional Services 125 000 640 594 750 410 00 77,000 001 General Fund Interfund Transfer Out 001.000.390.597.125.550.00 77,000 Total Expenditure Increase (Decrease)154,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 125 Parks Capital Fund Interfund Transfer In 125.000.000.397.001.000.00 (77,000) Total Revenue (Increase) Decrease (77,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 001 General Fund 001.000.390.508.000.000.00 (77,000) Total Ending Fund Balance Increase (Decrease)(77,000) The amendment will provide a $77,000 budget in 2012 for the Haines Wharf Park & Walkway Project. The budget will fund contracts with Hainline & Associates, Inc. and Pederson Associates to evaluate the claim submitted by Precision Earthworks on the Haines Wharf Park & Walkway Project. The funding will come from a transfer from the 2011 ending fund balance of the General Fund. Packet Page 36 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 18 Prepared By:Carolyn LaFave Department:Mayor's Office Description on Budget Amendment Summary Membership in Economic Alliance Snohomish County Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Miscellaneous 001.000.390.519.900.490.000 5,000 Total Expenditure Increase (Decrease)5,000$ 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 (5,000) Total Ending Fund Balance Increase (Decrease)(5,000) Economic Alliance Snohomish County was formed in 2011 by the merging of the South Snohomish County Chamber of Commerce, Everett Chamber of Commerce, and the Economic Development Council of Snohomish County. They are a regional leader, advancing commerce and community development through advocacy, services and resources. Mayor Earling determined, and the Council agreed, that it was important for the City of Edmonds to participate at a regional level and that membership in this organization would help achieve that goal. This is a new membership for the City as the EASC is only a year old. Packet Page 37 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 19 Prepared By:Renee McRae Department:Parks, Recreation & Cultural Services Description on Budget Amendment Summary Discovery Program Supplies Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Supplies 001.000.640.574.350.310.00 1,000 Total Expenditure Increase (Decrease)1,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund Parks Donations 001.000.000.367.110.000.00 (1,000) Total Revenue (Increase) Decrease (1,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount Total Ending Fund Balance Increase (Decrease)- On March 9, 2012, we received a $1,000 grant from the Hubbard Family Foundation to purchase a microscope and binoculars for use in our Discovery Programs. At the time the budget was put together this grant was not anticipated and these expenditures were not budgeted. Packet Page 38 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 20 Prepared By:Carl Nelson (for Renee) Department:Information Services Description on Budget Amendment Summary Update of "CLASS SOFTWARE at Yost Pool Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Small Equipment 001.000.640.575.510.350.00 14,687 Total Expenditure Increase (Decrease)14,687$ 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 (14,687) Total Ending Fund Balance Increase (Decrease)(14,687) The 2012 Decision Package for "Class Software Point of Sale" for Yost Pool needs to be amended to include the cost of running cable to Yost Pool. The Decision package included a note that Comcast would not charge to run the cable to the pool. After further research, this is not the case. Comcast (and Frontier) both charge for cable runs over 150ft. The distance is 500-750ft depending upon where they choose to run their cable. The estimates vary from $5,000-$7,000 for the required underground run. This is in addition to the estimated $100-$125/mo ($1,200-$1,500 annual) for a business connection. Either of these provide the minimum service, but a more cost effective option over time, would be for the City to run fiber at a one-time cost of $14,687 (about a 6-8 year payback). Connecting computers at the pool to the City network provides for consistent registration, accounting and cash handling for all recreation programs through the CLASS system. City provided fiber would provide additional capability to the pool. The benefits would include having access to all City computing resources, the phones as City extensions allowing City Voice mail system and call handling; and if City Wi-Fi or remote video monitoring, were desired, the fiber would allow for this capability to be put in place for the cost of hardware and installation. Packet Page 39 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 21 Prepared By:Frances Chapin Department:Parks, Rec & Cultural Services Description on Budget Amendment Summary SR 99 grant funding project Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 129 Special Projects Construction 129 000 240 595 700 650 00 120,000 129 Special Projects Prof Services 129 000 240 595 700 410 00 50,500 Total Expenditure Increase (Decrease)170,500$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 129 Special Projects WSDOT SR99grant 129 000 000 333 020 501 00 (169,000) Total Revenue (Increase) Decrease (169,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 129 Special Projects 129 000 000 508 000 000 00 (1,500) Total Ending Fund Balance Increase (Decrease)(1,500) The 129 budget is being amended to reflect the increase in grant funding through the Federal Highway Enhancements program. Updates on increased funding and the project status have been given at City Council Committee on 6/14/2011, 2/21/2012, and 3/13/2012. The original project was expanded with additional grant funding but the final cost estimate was not available when the 2012 budget was prepared. The total Federal grant funding totals $662,000. Expenditures for components for the project and design work have been made and the adjustments reflect the final construction of the project in 2012. The fund includes an additional $1,500 of non-grant funds (originally allocated to the project from Economic Development in 2006 and including a private donation) which will be expended through professional services on items that are not grant eligible. Expenditures for the grant are reimbursable as shown in the increased revenue line to balance the additional expenditures. Packet Page 40 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 22 Prepared By:Debra Sharp Department:Debt Service Fund Description on Budget Amendment Summary LID Receipts Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 211 LID Fund Control Interfund Transfer 211.000.320.597.213.550.00 105,000 Total Expenditure Increase (Decrease)105,000$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 213 LID Guaranty Fund Interfund Transfer 213.000.000.397.211.000.00 (105,000) Total Revenue (Increase) Decrease (105,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 211 LID Fund Control 211.000.320.508.000.000.00 (105,000) 213 LID Guaranty Fund 213.000.320.508.000.000.00 105,000 Total Ending Fund Balance Increase (Decrease)- The LID bonds were paid off in 2009. The receipts received from LID customers is receipted into the LID Fund. Per our bond council, the funds are the City's and should be transferred into the LID Guaranty Fund for future debt payments. $105,000 were the receipts received in 2011. Packet Page 41 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 23 Prepared By:Pamela Randolph Department:656 PW & Utilities Description on Budget Amendment Summary Amendment request for 411 fund for 2012 Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 411 Compensation Overtime 411.000.656.538.800.120.00 15,000 411 Supplies Fuel Consumed 411.000.656.538.800.320.00 50,723 411 Other Services and ChargesProfessional Services 411.000.656.538.800.410.00 25,000 411 Other Services and ChargesProfessional Services Electrical411.000.656.538.800.480.22 20,000 Total Expenditure Increase (Decrease)110,723$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 411 Combined Utility Operation Alderwood 411.000.000.338.800.070.00 50,000 411 Combined Utility Operation King County 411.000.000.338.800.050.00 (200,000) Total Revenue (Increase) Decrease (150,000) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 411 Combined Uitiltiy Operations 411.000.654.508.000.000.00 39,277 Total Ending Fund Balance Increase (Decrease)39,277 We are requesting a total increase of $110,000 for 2012. We have experienced higher overtime costs due to personnel termination, sickness and injuries during the high flow season. We anticipate further impact until current openings are filled which is anticipated by mid May. We have experienced higher fuel costs, increased liquid and solids loading (which will be offset by increased revenue) and anticipate a significant expensive to calibrate and repair air quality instrumentation. Finally, we are requesting additional funds to enable the completion of several in-house projects that were started but not finished in 2011 due to personnel constraints. Packet Page 42 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 24 Prepared By:Pamela Randolph Department:PW's and Combined Utility Operation Description on Budget Amendment Summary 414 Capital Improvement Increase Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 414 Capital Improvement ProgramRepair and Replacement 414.000.656.594.320.650.10 380,208 414 Capital Improvement ProgramUpgrades/Improvements 414.000.656.594.320.650.10 (8,196) 414 Capital Improvement ProgramStudies and Consulting 414.000.656.594.320.410.10 85,000 411 Utility Fund Interfund Transfer 411.000.655.597.414.550.00 80,758 Total Expenditure Increase (Decrease)537,770$ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 414 Capital Improvement ProgramIntergovernmental Revenue-PUD414.000.000.338.800.040.00 (127,000) 414 Capital Improvement ProgramAlderwood 414.000.000.383.070.080.00 (110,000) 414 Capital Improvement ProgramKing County 414.000.000.383.070.040.00 (50,000) 414 Capital Improvement ProgramLynnwood 414.000.000.383.070.050.00 (11,000) 414 Capital Improvement ProgramMountlake Terrace 414.000.000.338.800.010.00 (36,849) 414 Capital Improvement ProgramRonald Wastewater 414.000.000.338.800.030.00 (15,087) 414 Capital Improvement ProgramOlympic View 414.000.000.338.800.020.00 (26,318) 414 Capital Improvement ProgramInterfund Transfer 414.000.000.397.411.100.00 (80,758) Total Revenue (Increase) Decrease (457,012) Ending Fund Balance Increase (Decrease) Fund Fund Title Ending Fund Balance BARS Number Amount 411 Utility Fund 411.000.654.508.000.000.00 (80,758) Total Ending Fund Balance Increase (Decrease)(80,758) We are requesting additional budget authorization in 2012 to complete projects that were not completed in 2011 and to ensure aging equipment is repaired and/or replaced. We have also included two studies; one for safety compliance and the other for Sewage Sludge Incinerator evaluation and testing to determine our ability to meet new regulations. We have been notified by DOE that improvements to our leak detection system for fuel must be improved. We have experienced higher than expected design and construction estimates for 5 projects. We have outstanding (previously authorized project) invoices that were not paid in 2011 for an energy incentive project that finished in 2010. Packet Page 43 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 25 IMP A-basin up-grade (walls & diffusers) X $100,000 $237,000 IMP Variable Frequency Drive up-grade (5 drives)$90,000 $70,000 IMP Outfall Diffuser X $0 IMP Under Ground Diesel Storage Tank (UST) Monitoring system up-grade $10,000 IMP Non-pot Pump up-grade X $35,000 IMP Fiber optic network $55,000 IMP Switchgear Upgrade $400,000 $145,000 IMP HYPO $20,000 IMP Switchgear Catwalk $90,000 IMP Energy Upgrade X $39,012 R&R Lighting Upgrade X $13,000 R&R Building roofs (3)$234,000 $362,000 R&R Plant and Operational Improvements and Unanticipated Repairs X $60,000 S&C Incinerator testing and evaluation for compliance with new SSI regulations $75,000 S&C In plant Hatches $10,000 R&R Replace I/O racks in the 600 PLC $90,000 R&R Secondary Clarifier Steel Coating $30,000 $327,000 $854,000 $1,311,011.79 TOTAL Fund 414 2012 Capital Projects Incentive or Revenue Offset Current 2012 Budget Appropriation Estimated 2012 Total Project Costs Packet Page 44 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 26 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Walnut St. at 9th Ave Restriping Budget Amendment Detailed Description Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const Fund Professional Services 112 200 630 595 330 410 00 1,200 112 Street Const Fund Interfund Services 112 200 630 595 330 910 00 8,800 Total Expenditure Increase (Decrease)10,000$ 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 (10,000) Total Ending Fund Balance Increase (Decrease)(10,000) The Walnut St. at 9th Ave S. Restriping Project was programmed for 2013 in the 2012 Transportation Capital Improvement Plan (CIP). The striping improvements will reduce intersection delay for vehicles and improve the intersection level of service. This amendment will provide funds in the 2012 budget, from the ending fund balance of Fund 112, to complete the improvements this year. Packet Page 45 of 203 EXHIBIT “E”: Budget Amendment Detail (April 2012) 27 Prepared By:Rob English Department:Public Works Description on Budget Amendment Summary Main St. at 9th Ave Restriping 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 1,200 112 Street Const Fund Interfund Services 112 200 630 595 330 910 00 8,800 Total Expenditure Increase (Decrease)10,000$ 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 (10,000) Total Ending Fund Balance Increase (Decrease)(10,000) The Main St. at 9th Ave S. Restriping Project was programmed for 2013 in the 2012 Transportation Capital Improvement Plan (CIP). The striping improvements will reduce intersection delay for vehicles and improve the intersection level of service. This amendment will provide funds in the 2012 budget, from the ending fund balance of Fund 112, to complete the improvements this year. Packet Page 46 of 203 City of Edmonds 2012 Budget Page 211 Elected Officials Minimum Maximum Council Member Position $7,200 $14,400 Judge 74,043 74,043 Mayor 113,210 113,210 Non-Represented Minimum Maximum Assistant Building Official $66,905 $100,358 Assistant Police Chief 94,402 141,604 Associate Planner 57,740 86,610 Building Official 85,237 127,855 Capital Projects Manager 57,740 86,610 Chief Information Officer 76,071 114,107 City Clerk 85,237 127,855 City Engineer 94,402 141,604 Community Services Director 103,568 155,352 Court Administrator 76,071 114,107 Cultural Services Manager 66,905 100,358 Development Services Director (Acting)13,000 13,000 Engineering Program Manager I 57,740 86,610 Executive Assistant-Confidential 48,574 72,861 Executive Assistant to the Mayor 57,740 86,610 Facilities Manager 66,905 100,358 Finance Director 103,568 155,352 Fleet Manager 66,905 100,358 Human Resources Manager 85,237 127,855 Parks And Recreation Director 103,568 155,352 Parks Maintenance Manager 66,905 100,358 Planning Manager 85,237 127,855 Police Chief 103,568 155,352 Public Works Director 103,568 155,352 Recreation Manager 66,905 100,358 Recycling Coordinator 48,574 72,861 Senior Utilities Engineer 66,905 100,358 Appendix Salary Range Table (Annual Salary) * Packet Page 47 of 203 City of Edmonds 2012 Budget Page 212 Non-Represented (continued)Minimum Maximum Stormwater Engineering Manager 76,071 114,107 Street/Storm Manager 76,071 114,107 Transportation Engineer 76,071 114,107 Wastewater Treatment Plant Manager 85,237 127,855 Wastewater Treatment Plant Supervisor 76,071 114,107 Water/Sewer Manager 76,071 114,107 Police Non-Commissioned Minimum Maximum Animal Control Officer $46,740 $57,948 Domestic Violence Coordinator 46,740 57,948 Part Time Administrative Assistant 39,144 48,552 Police Services Assistant 41,748 51,756 Property Officer/Evidence Technician 44,052 54,612 Senior Animal Control Officer 49,164 61,008 Police Guild Minimum Maximum Corporal $77,652 $79,656 Police Officer 1st Class 62,520 74,088 Police Officer 2nd Class 55,488 57,480 Sergeant 83,076 85,188 Teamsters Minimum Maximum Building Maintenance Operator $51,624 $62,784 Cemetery Sexton 54,204 65,940 Custodian 36,708 44,592 Electo-Mechanical Specialist 59,808 72,696 Lead Storm Water Worker 59,808 72,696 Lead Water Maintenance Worker 59,808 72,696 Maintenance Custodian 38,532 46,836 Maintenance Worker II 49,152 59,808 Nursery Person 49,152 59,808 Parks Maintenance Lead Worker 59,808 72,696 Parks Maintenance Mechanic 51,624 62,784 Parks Maintenance Worker II 49,152 59,808 Salary Range Table (Annual Salary) * Packet Page 48 of 203 City of Edmonds 2012 Budget Page 213 Teamsters (continued)Minimum Maximum Pretreatment 56,868 69,252 Senior Mechanic 54,204 65,940 Sewer Lead Worker 59,808 72,696 Sewer Maintenance Worker I 44,592 54,204 Sewer Maintenance Worker II 49,152 62,784 Storm Maintenance Worker I 42,432 51,624 Storm Maintenance Worker II 49,152 62,784 Street Lead Worker 59,808 72,696 Street Maintenance Worker I 42,432 51,624 Street Maintenance Worker II 49,152 59,808 Traffic Control Technician 51,624 62,784 Vehicle & Equipment Mechanic 51,624 62,784 Water Maintenance Worker II 49,152 62,784 Water Meter Reader 40,428 49,152 Water Quality Control Technician 54,204 65,940 WWTP Laboratory Technician 49,152 69,252 WWTP Lead Maintenance Mechanic 59,808 72,696 WWTP Lead Person 59,808 72,696 WWTP Instrument Tech/Plant Electrician 56,868 69,252 WWTP Maintenance Mechanic 51,624 62,784 WWTP Maintenance Worker I 44,592 54,204 WWTP Mechanic II 54,204 65,940 WWTP Operator 54,204 65,940 SEIU Minimum Maximum Accountant $64,728 $80,292 Accounting Assistant 42,900 53,196 Accounting Technician 47,964 59,484 Administrative Assistant 47,964 59,484 Code Enforcement Officer 57,168 70,836 Court Clerk 40,296 49,956 Deputy City Clerk 47,964 59,484 Development Services Technician III 53,892 66,828 Engineering Technician II 53,892 66,828 Salary Range Table (Annual Salary) * Packet Page 49 of 203 City of Edmonds 2012 Budget Page 214 SEIU (continued)Minimum Maximum Engineering Technician III 61,056 75,684 Environmental Education Coordinator 61,056 75,684 Executive Assistant 57,168 70,836 GIS Analyst 64,728 80,292 Gymnastics Instructor 16,002 19,824 Information Systems Specialist 61,056 75,684 Interpretive Specialist 16,002 19,824 Inventory Control Assistant 42,900 53,196 Network Support Technician 61,056 75,684 Parks & Recreation Office Supervisor 50,964 63,240 Permit Coordinator II 47,964 59,484 Plans Examiner 57,168 70,836 Preschool Director 32,004 39,648 Probation Officer 50,964 63,240 Recreation Coordinator 61,056 75,684 Senior Comb Building Inspector 64,728 80,292 Senior Office Assistant 40,296 49,956 Senior Office Assistant - Cultural Services 40,296 49,956 Stormwater Engineering Technician 53,892 66,828 Utility Accounting Technician 47,964 59,484 Contract Positions Minimum Maximum Senior Executive Asst To City Council $27,665 $27,665 Salary Range Table (Annual Salary) * * Amounts shown do not include longevity, premium pay or special duty pay. Packet Page 50 of 203    AM-4710     3. E.              City Council Meeting Meeting Date:04/10/2012 Time:15 Minutes   Submitted For:Shawn Hunstock Submitted By:Shawn Hunstock Department:Finance Review Committee: Finance Committee Action: Approve for Consent Agenda Type: Information  Information Subject Title Leakage Policy Recommendation from Mayor and Staff N.A. For discussion purposes only at this time. Previous Council Action N.A. Narrative The revised leakage policy provides for an adjustment to a portion of the cost of water "consumed" when a leak occurs and abnormal consumption is recorded on the water meter. Revisions from the draft policy include a minimum adjustment amount as well as resolution of language discrepancies within the draft policy. These changes will be discussed at the Finance Committee meeting. Attachments Revised Leak Adjustment Policy Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/04/2012 03:20 PM Mayor Dave Earling 04/06/2012 08:52 AM Final Approval Sandy Chase 04/06/2012 08:57 AM Form Started By: Shawn Hunstock Started On: 04/04/2012 01:53 PM Final Approval Date: 04/06/2012  Packet Page 51 of 203 City of Edmonds  Finance and Information Systems CITY OF EDMONDS LEAKAGE ADJUSTMENT POLICY (Revised 04/2012) Leakage adjustments are NOT available for leaks occurring within a residential or commercial structure where the amount of the adjustment would have otherwise been less than $50. Also, adjustments are only available in instances where water consumption is more than 20% greater than the same period in the previous three years. 1. To qualify for a leakage adjustment the: a) Customer must satisfactorily demonstrate a leakage was undetected and caused by unusual circumstances beyond the customer's control; and b) Must take action to repair a leakage within thirty 30 days of when the customer discovers or is notified of a leakage; and c) Complete and submit a City application form within 30 days of the repair accompanied by a copy of the finalized water service line permit to the City Finance Department, Edmonds City Hall, 121 5th Avenue North, Edmonds, WA 98020. If the repair is exempt from permit, per Edmonds Community Development Code Chapter 19.20, then only proof of repair is required. 2. Only one leakage adjustment will be granted in any three year period; and will be limited to the equivalent of two billing cycles. 3. Adjustments exceeding $500 require approval by the Finance Director. 4. A leakage adjustment credit shall be determined as follows: a. The average consumption for the same period during the previous three years, charged at the City’s retail rate, plus the excess water loss from the leakage charged at the City’s wholesale rate. An additional 15% administrative cost is applied to the excess loss only. b. If the adjustment is for a commercial account that is billed for sewer service based on water consumption, the City will also adjust the sewer portion based on the same calculations less administrative costs. 5. Adjustments are limited to $500 per leak for residential customers and $1,000 for commercial customers. Shawn Hunstock, Director, Finance and Administrative Services CITY OF EDMONDS DAVE EARLING CITY HALL  FIRST FLOOR MAYOR EDMONDS, WA 98020  (425)771-0240  FAX (425)771-0265 SHAWN HUNSTOCK DIRECTOR FINANCE AND INFORMATION SYSTEMS DEPARTMENT Packet Page 52 of 203    AM-4713     3. F.              City Council Meeting Meeting Date:04/10/2012 Time:15 Minutes   Submitted For:Shawn Hunstock Submitted By:Shawn Hunstock Department:Finance Review Committee: Finance Committee Action: Recommend Review by Full Council Type: Action  Information Subject Title Finance Committee Mission Recommendation from Mayor and Staff N.A. Previous Council Action Reviewed and discussed at the March Finance Committee meeting. Narrative The included document outlines a proposed purpose and responsibilities of the City Council's Finance Committee. The Finance Committee will continue its discussion of the Mission document, consider any necessary changes, discuss the role of the Committee as a City Audit Committee, as outlined in the Mission, and consider bringing the Mission to the full Council for consideration. Attachments Finance Committee Mission Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/05/2012 02:20 PM Mayor Dave Earling 04/06/2012 08:50 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Shawn Hunstock Started On: 04/05/2012 08:53 AM Final Approval Date: 04/06/2012  Packet Page 53 of 203           Guidelines of the City Council Finance Committee   1. Purpose of the Finance Committee   The Finance Committee is appointed by the City Council to make recommendations on financial matters of the City and to monitor the integrity of the City’s financial reporting process. Duties of the Finance Committee may include:    To assist with the budget process and development of the City budget;    To monitor the budget and financial activities through periodic review and discussion of monthly, quarterly and annual financial reports;    To assist with the development of financial policies and make recommendations to the City Council;    To assist with development and monitoring of a long range capital improvement plan and other financial plans;    To review the City’s annual audited financial statements prior to acceptance by the City Council. Review should include discussion with management and independent auditors of significant issues regarding accounting principles and practices and financial statement disclosures;    To monitor the City’s outstanding debt and debt capacity and assist with issues relating to the issuance of new debt;    To periodically review the City’s investment portfolio and related reports and make recommendations to the City Council on practices, procedures and policies;    To assist with the development of rate structures and fee schedules for City services;  To assist with the development and review of compensation and benefit policies;    To review new GASB and other authoritative standards and assist with implementation of the standards;    To assist with development and implementation of internal controls Packet Page 54 of 203     procedures and practices with regard to finance, accounting, and legal compliance;    To receive education on significant accounting, auditing, and financial reporting issues.    To monitor the qualifications, independence and performance of the City’s independent auditors and the City’s internal auditing functions;    To serve as the Audit Committee of the City and perform all duties and receive all communications as required of such a committee under U.S. Generally Accepted Governmental Auditing Standards, as well as compliance with professional standards issued by the Government Finance Officers Association.   2. Finance Committee Representation and Meetings    The membership of the Finance Committee is comprised of three persons: two representatives from the City Council, and the Finance Director. The Finance Director is a permanent member of the Finance Committee. The Council representatives will be appointed annually by the City Council President. From time to time, there may be other ad hoc members on the Finance Committee to assist in the operations of the Committee;    The Finance Committee will meet on the second Tuesday of each month, unless there are no agenda items for a regularly scheduled meeting;    The Finance Committee will designate a Chair and a recording secretary;    The Finance Committee Chair will prepare an agenda or work plan, which will be approved at the beginning of each meeting;    A record of the proceedings will be kept and may be displayed on the City’s website in the same manner as official minutes of the City Council.   ADOPTED BY THE FINANCE COMMITTEE OF THE CITY COUNCIL OF THE CITY OF EDMONDS THIS ____ DAY OF ____, 2012. Packet Page 55 of 203    AM-4704     3. G.              City Council Meeting Meeting Date:04/10/2012 Time:10 Minutes   Submitted For:Shawn Hunstock Submitted By:Shawn Hunstock Department:Finance Committee: Finance Type: Information Information Subject Title General Fund Update - January 2012 Recommendation from Mayor and Staff Informational purposes only. Previous Council Action N/A Narrative General Fund update for the month of January 2012. Attachments January 2012 General Fund Update Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/04/2012 03:20 PM Mayor Dave Earling 04/06/2012 08:41 AM Final Approval Sandy Chase 04/06/2012 08:57 AM Form Started By: Shawn Hunstock Started On: 04/04/2012 10:03 AM Final Approval Date: 04/06/2012  Packet Page 56 of 203 2012 Adopted Annual Budget YTD Actuals Variance % Rec/Exp BEGINNING FUND BALANCE 5,593,521 5,593,521 - REVENUES: REAL PERSONAL / PROPERTY TAX 9,629,986 40,287 9,589,699 0% EMS PROPERTY TAX 2,908,944 14,932 2,894,012 1% VOTED PROPERTY TAX 895,640 3,663 891,977 0% LOCAL RETAIL SALES/USE TAX 4,724,183 396,472 4,327,711 8% NATURAL GAS USE TAX 13,244 914 12,330 7% 1/10 SALES TAX LOCAL CRIM JUST 514,898 41,681 473,217 8% GAS UTILITY TAX 892,381 109,321 783,060 12% T.V. CABLE UTILITY TAX 750,682 61,751 688,931 8% TELEPHONE UTILITY TAX 1,390,242 129,337 1,260,905 9% ELECTRIC UTILITY TAX 1,473,880 159,973 1,313,908 11% SOLID WASTE UTILITY TAX 294,601 23,470 271,131 8% WATER UTILITY TAX 824,935 76,612 748,323 9% SEWER UTILITY TAX 470,000 42,921 427,079 9% STORMWATER UTILITY TAX 254,061 19,062 234,999 8% LEASEHOLD EXCISE TAX 221,162 - 221,162 0% PULLTABS TAX 60,257 11,510 48,747 19% LICENSES AND PERMITS 1,586,261 259,310 1,326,951 16% INTERGOVERNMENTAL 1,013,653 64,980 948,673 6% CHARGES FOR GOODS AND SERVICES 4,065,102 129,152 3,935,950 3% FINES AND FORFEITURES 619,272 - 619,272 0% MISCELLANEOUS 378,118 22,771 355,347 6% INTERFUND TRANSFERS 25,086 - 25,086 0% 33,006,588 1,608,118 31,398,470 5% EXPENDITURES: SALARIES / WAGES 12,958,158 978,706 11,979,452 8% BENEFITS 4,305,180 339,536 3,965,644 8% SUPPLIES 550,380 11,263 539,117 2% SERVICES 3,847,473 626,664 3,220,809 16% INTERGOVERNMENTAL 8,473,904 88,118 8,385,786 1% CAPITAL OUTLAY 17,144 - 17,144 0% DEBT SERVICE PRINCIPAL 1,147,442 - 1,147,442 0% DEBT SERVICE INTEREST 301,838 - 301,838 0% INTERFUND SERVICES 1,347,769 35,855 1,311,914 3% 32,949,288 2,080,142 30,869,146 6% CHANGE IN FUND BALANCE (YTD)57,300 (472,023) 529,323 ENDING FUND BALANCE 5,650,821 5,121,498 529,323 Page 1 of 6 City of Edmonds General Fund Update January 2012 Packet Page 57 of 203 20 1 2 O U T L O O K 65 1 , 6 6 1 20 1 2 B U D G E T 5 9 0 , 0 0 0 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 9 % 5 % 6 % 9 % 8 % 9 % 9 % 1 0 % 1 0 % 1 0 % 8 % 7 % Cu m u l a t i v e F o r e c a s t % 9 % 1 4 % 2 0 % 2 9 % 3 7 % 4 7 % 5 6 % 6 6 % 7 6 % 8 6 % 9 3 % 1 0 0 % Mo n t h l y F o r e c a s t $ 5 0 , 5 1 6 2 9 , 6 4 3 3 7 , 5 3 1 5 2 , 5 4 4 4 8 , 8 3 8 5 6 , 0 0 2 5 5 , 0 1 1 6 0 , 4 1 0 5 6 , 8 2 3 5 7 , 2 8 0 4 4 , 4 0 0 41,002 Cu m u l a t i v e F o r e c a s t $ 5 0 , 5 1 6 8 0 , 1 5 8 1 1 7 , 6 8 9 1 7 0 , 2 3 3 2 1 9 , 0 7 1 2 7 5 , 0 7 3 3 3 0 , 0 8 4 3 9 0 , 4 9 5 4 4 7 , 3 1 8 5 0 4 , 5 9 7 5 4 8 , 9 9 8 590,000 Ac t u a l C o l l e c t e d $ 5 5 , 7 9 5 32 , 7 4 1 41 , 4 5 3 58 , 0 3 5 53 , 9 4 2 61 , 8 5 5 60 , 7 6 0 66 , 7 2 4 62 , 7 6 2 63,266 49,041 45,287 Cu m u l a t i v e C o l l e c t i o n $ 55 , 7 9 5 88 , 5 3 6 12 9 , 9 8 9 18 8 , 0 2 4 24 1 , 9 6 7 30 3 , 8 2 2 36 4 , 5 8 2 43 1 , 3 0 6 49 4 , 0 6 7 557,333 606,374 651,661 YE A R E N D F O R E C A S T 65 1 , 6 6 1 65 1 , 6 6 1 65 1 , 6 6 1 65 1 , 6 6 1 65 1 , 6 6 1 65 1 , 6 6 1 65 1 , 6 6 1 65 1 , 6 6 1 65 1 , 6 6 1 651,661 651,661 651,661 Pr o j e c t e d Y E V a r i a n c e 61 , 6 6 1 61 , 6 6 1 61 , 6 6 1 61 , 6 6 1 61 , 6 6 1 61 , 6 6 1 61 , 6 6 1 61 , 6 6 1 61 , 6 6 1 61,661 61,661 61,661 Bu d g e t V a r i a n c e % 10 % 10 % 10 % 10 % 10 % 10 % 10 % 10 % 10 % 10%10%10% Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l RE A L E S T A T E E X C I S E T A X - 2 0 0 , 0 0 0 4 0 0 , 0 0 0 6 0 0 , 0 0 0 8 0 0 , 0 0 0 JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NO V DEC 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 1 . 2 0 1 2 1 1 C H A R T S Pa g e 2 o f 6 4/4/2012 9:39 AM Pa c k e t Pa g e 58 of 20 3 20 1 2 O U T L O O K 4, 4 8 6 , 4 6 6 20 1 2 B U D G E T 4 , 7 2 4 , 1 8 3 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 8 % 1 0 % 7 % 7 % 9 % 8 % 8 % 9 % 8 % 8 % 9 % 8 % Cu m u l a t i v e F o r e c a s t % 8 % 1 8 % 2 5 % 3 3 % 4 1 % 4 9 % 5 7 % 6 6 % 7 4 % 8 3 % 9 2 % 1 0 0 % Mo n t h l y F o r e c a s t $ 3 7 5 , 0 1 3 4 7 5 , 3 3 8 3 3 8 , 1 0 1 3 5 0 , 2 5 3 4 1 4 , 4 8 5 3 6 8 , 7 0 5 3 7 1 , 9 2 5 4 3 6 , 8 6 1 3 8 6 , 2 7 2 3 9 5 , 8 6 6 4 3 8 , 7 8 4 372,582 Cu m u l a t i v e F o r e c a s t $ 3 7 5 , 0 1 3 8 5 0 , 3 5 0 1 , 1 8 8 , 4 5 1 1 , 5 3 8 , 7 0 4 1 , 9 5 3 , 1 8 9 2 , 3 2 1 , 8 9 4 2 , 6 9 3 , 8 1 8 3 , 1 3 0 , 6 7 9 3 , 5 1 6 , 9 5 1 3 , 9 1 2 , 8 1 7 4 , 3 5 1 , 6 0 1 4,724,183 Ac t u a l C o l l e c t e d $ 3 5 6 , 1 4 2 45 1 , 4 1 9 3 2 1 , 0 8 8 3 3 2 , 6 2 9 3 9 3 , 6 2 8 3 5 0 , 1 5 2 3 5 3 , 2 1 0 4 1 4 , 8 7 9 3 6 6 , 8 3 5 3 7 5 , 9 4 6 4 1 6 , 7 0 5 353,834 Cu m u l a t i v e C o l l e c t i o n $ 3 5 6 , 1 4 2 80 7 , 5 6 2 1 , 1 2 8 , 6 4 9 1 , 4 6 1 , 2 7 8 1 , 8 5 4 , 9 0 6 2 , 2 0 5 , 0 5 8 2 , 5 5 8 , 2 6 7 2 , 9 7 3 , 1 4 6 3 , 3 3 9 , 9 8 1 3 , 7 1 5 , 9 2 7 4 , 1 3 2 , 6 3 2 4,486,466 YE A R E N D F O R E C A S T 4 , 4 8 6 , 4 6 6 4, 4 8 6 , 4 6 6 4 , 4 8 6 , 4 6 6 4 , 4 8 6 , 4 6 6 4 , 4 8 6 , 4 6 6 4 , 4 8 6 , 4 6 6 4 , 4 8 6 , 4 6 6 4 , 4 8 6 , 4 6 6 4 , 4 8 6 , 4 6 6 4 , 4 8 6 , 4 6 6 4 , 4 8 6 , 4 6 6 4,486,466 Pr o j e c t e d Y E V a r i a n c e ( 2 3 7 , 7 1 7 ) (2 3 7 , 7 1 7 ) ( 2 3 7 , 7 1 7 ) ( 2 3 7 , 7 1 7 ) ( 2 3 7 , 7 1 7 ) ( 2 3 7 , 7 1 7 ) ( 2 3 7 , 7 1 7 ) ( 2 3 7 , 7 1 7 ) ( 2 3 7 , 7 1 7 ) ( 2 3 7 , 7 1 7 ) ( 2 3 7 , 7 1 7 ) (237,717) Bu d g e t V a r i a n c e % -5 % -5 % -5 % -5 % -5 % -5 % -5 % -5 % -5 % -5%-5%-5% Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l SA L E S A N D U S E T A X - 5 0 0 , 0 0 0 1 , 0 0 0 , 0 0 0 1 , 5 0 0 , 0 0 0 2 , 0 0 0 , 0 0 0 2 , 5 0 0 , 0 0 0 3 , 0 0 0 , 0 0 0 3 , 5 0 0 , 0 0 0 4 , 0 0 0 , 0 0 0 4 , 5 0 0 , 0 0 0 5 , 0 0 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 1 . 2 0 1 2 1 1 C H A R T S Pa g e 3 o f 6 4/4/2012 9:39 AM Pa c k e t Pa g e 59 of 20 3 20 1 2 O U T L O O K 78 8 , 1 8 7 20 1 2 B U D G E T 8 9 2 , 3 8 1 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 1 4 % 1 5 % 1 3 % 1 1 % 9 % 7 % 5 % 4 % 3 % 4 % 6 % 9 % Cu m u l a t i v e F o r e c a s t % 1 4 % 2 8 % 4 2 % 5 3 % 6 2 % 6 9 % 7 4 % 7 8 % 8 1 % 8 5 % 9 1 % 1 0 0 % Mo n t h l y F o r e c a s t $ 1 2 3 , 7 7 2 1 2 9 , 8 8 3 1 1 8 , 2 2 7 9 9 , 0 3 5 8 3 , 5 8 0 6 2 , 7 0 0 4 5 , 8 8 4 3 2 , 5 4 6 3 0 , 1 7 9 3 2 , 1 3 4 5 4 , 6 3 2 79,808 Cu m u l a t i v e F o r e c a s t $ 1 2 3 , 7 7 2 2 5 3 , 6 5 6 3 7 1 , 8 8 3 4 7 0 , 9 1 8 5 5 4 , 4 9 8 6 1 7 , 1 9 8 6 6 3 , 0 8 3 6 9 5 , 6 2 9 7 2 5 , 8 0 7 7 5 7 , 9 4 1 8 1 2 , 5 7 3 892,381 Ac t u a l C o l l e c t e d $ 1 0 9 , 3 2 1 11 4 , 7 1 8 1 0 4 , 4 2 3 8 7 , 4 7 2 7 3 , 8 2 1 5 5 , 3 7 9 4 0 , 5 2 7 2 8 , 7 4 6 2 6 , 6 5 5 2 8 , 3 8 2 4 8 , 2 5 3 70,490 Cu m u l a t i v e C o l l e c t i o n $ 1 0 9 , 3 2 1 22 4 , 0 3 9 3 2 8 , 4 6 2 4 1 5 , 9 3 3 4 8 9 , 7 5 5 5 4 5 , 1 3 4 5 8 5 , 6 6 1 6 1 4 , 4 0 7 6 4 1 , 0 6 2 6 6 9 , 4 4 4 7 1 7 , 6 9 7 788,187 YE A R E N D F O R E C A S T 7 8 8 , 1 8 7 78 8 , 1 8 7 7 8 8 , 1 8 7 7 8 8 , 1 8 7 7 8 8 , 1 8 7 7 8 8 , 1 8 7 7 8 8 , 1 8 7 7 8 8 , 1 8 7 7 8 8 , 1 8 7 7 8 8 , 1 8 7 7 8 8 , 1 8 7 788,187 Pr o j e c t e d Y E V a r i a n c e ( 1 0 4 , 1 9 4 ) (1 0 4 , 1 9 4 ) ( 1 0 4 , 1 9 4 ) ( 1 0 4 , 1 9 4 ) ( 1 0 4 , 1 9 4 ) ( 1 0 4 , 1 9 4 ) ( 1 0 4 , 1 9 4 ) ( 1 0 4 , 1 9 4 ) ( 1 0 4 , 1 9 4 ) ( 1 0 4 , 1 9 4 ) ( 1 0 4 , 1 9 4 ) (104,194) Bu d g e t V a r i a n c e % - 1 2 % -1 2 % - 1 2 % - 1 2 % - 1 2 % - 1 2 % - 1 2 % - 1 2 % - 1 2 % - 1 2 % - 1 2 % - 1 2 % Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l GA S U T I L I T Y T A X - 2 0 0 , 0 0 0 4 0 0 , 0 0 0 6 0 0 , 0 0 0 8 0 0 , 0 0 0 1 , 0 0 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 1 . 2 0 1 2 1 1 C H A R T S Pa g e 4 o f 6 4/4/2012 9:39 AM Pa c k e t Pa g e 60 of 20 3 20 1 2 O U T L O O K 2, 0 6 9 , 7 5 5 20 1 2 B U D G E T 1 , 3 9 0 , 2 4 2 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 6 % 9 % 1 0 % 7 % 8 % 7 % 9 % 9 % 7 % 1 1 % 6 % 1 2 % Cu m u l a t i v e F o r e c a s t % 6 % 1 5 % 2 5 % 3 1 % 4 0 % 4 7 % 5 6 % 6 5 % 7 1 % 8 2 % 8 8 % 1 0 0 % Mo n t h l y F o r e c a s t $ 8 6 , 8 7 5 1 2 1 , 5 9 4 1 3 3 , 7 4 5 9 3 , 2 2 6 1 1 7 , 8 9 6 9 4 , 9 5 3 1 2 7 , 9 2 0 1 2 3 , 1 2 6 9 3 , 2 9 7 1 4 9 , 7 1 7 8 4 , 6 6 5 163,228 Cu m u l a t i v e F o r e c a s t $ 8 6 , 8 7 5 2 0 8 , 4 6 9 3 4 2 , 2 1 4 4 3 5 , 4 4 0 5 5 3 , 3 3 6 6 4 8 , 2 8 9 7 7 6 , 2 0 9 8 9 9 , 3 3 5 9 9 2 , 6 3 2 1 , 1 4 2 , 3 4 9 1 , 2 2 7 , 0 1 4 1,390,242 Ac t u a l C o l l e c t e d $ 1 2 9 , 3 3 7 18 1 , 0 2 5 1 9 9 , 1 1 7 1 3 8 , 7 9 2 1 7 5 , 5 2 0 1 4 1 , 3 6 4 1 9 0 , 4 4 4 1 8 3 , 3 0 7 1 3 8 , 8 9 9 2 2 2 , 8 9 5 1 2 6 , 0 4 7 243,009 Cu m u l a t i v e C o l l e c t i o n $ 1 2 9 , 3 3 7 31 0 , 3 6 3 5 0 9 , 4 7 9 6 4 8 , 2 7 1 8 2 3 , 7 9 1 9 6 5 , 1 5 5 1 , 1 5 5 , 5 9 9 1 , 3 3 8 , 9 0 6 1 , 4 7 7 , 8 0 4 1 , 7 0 0 , 6 9 9 1 , 8 2 6 , 7 4 6 2,069,755 YE A R E N D F O R E C A S T 2 , 0 6 9 , 7 5 5 2, 0 6 9 , 7 5 5 2 , 0 6 9 , 7 5 5 2 , 0 6 9 , 7 5 5 2 , 0 6 9 , 7 5 5 2 , 0 6 9 , 7 5 5 2 , 0 6 9 , 7 5 5 2 , 0 6 9 , 7 5 5 2 , 0 6 9 , 7 5 5 2 , 0 6 9 , 7 5 5 2 , 0 6 9 , 7 5 5 2,069,755 Pr o j e c t e d Y E V a r i a n c e 6 7 9 , 5 1 3 67 9 , 5 1 3 6 7 9 , 5 1 3 6 7 9 , 5 1 3 6 7 9 , 5 1 3 6 7 9 , 5 1 3 6 7 9 , 5 1 3 6 7 9 , 5 1 3 6 7 9 , 5 1 3 6 7 9 , 5 1 3 6 7 9 , 5 1 3 679,513 Bu d g e t V a r i a n c e % 4 9 % 49 % 4 9 % 4 9 % 4 9 % 4 9 % 4 9 % 4 9 % 4 9 % 4 9 % 4 9 % 4 9 % Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l TE L E P H O N E U T I L I T Y T A X - 2 5 0 , 0 0 0 5 0 0 , 0 0 0 7 5 0 , 0 0 0 1 , 0 0 0 , 0 0 0 1 , 2 5 0 , 0 0 0 1 , 5 0 0 , 0 0 0 1 , 7 5 0 , 0 0 0 2 , 0 0 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 1 . 2 0 1 2 1 1 C H A R T S Pa g e 5 o f 6 4/4/2012 9:39 AM Pa c k e t Pa g e 61 of 20 3 20 1 2 O U T L O O K 1, 5 5 3 , 8 0 3 20 1 2 B U D G E T 1 , 4 7 3 , 8 8 0 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 1 0 % 1 1 % 1 0 % 1 1 % 9 % 8 % 7 % 6 % 7 % 6 % 7 % 7 % Cu m u l a t i v e F o r e c a s t % 1 0 % 2 2 % 3 2 % 4 3 % 5 2 % 6 0 % 6 7 % 7 3 % 8 0 % 8 6 % 9 3 % 1 0 0 % Mo n t h l y F o r e c a s t $ 1 5 1 , 7 4 4 1 6 7 , 9 2 4 1 5 4 , 3 6 7 1 5 6 , 9 8 1 1 3 7 , 7 9 8 1 1 2 , 7 7 5 1 0 6 , 7 6 7 9 2 , 3 2 5 9 8 , 3 7 7 8 5 , 2 4 5 1 0 6 , 9 4 2 102,634 Cu m u l a t i v e F o r e c a s t $ 1 5 1 , 7 4 4 3 1 9 , 6 6 8 4 7 4 , 0 3 5 6 3 1 , 0 1 6 7 6 8 , 8 1 4 8 8 1 , 5 8 9 9 8 8 , 3 5 6 1 , 0 8 0 , 6 8 2 1 , 1 7 9 , 0 5 9 1 , 2 6 4 , 3 0 4 1 , 3 7 1 , 2 4 6 1,473,880 Ac t u a l C o l l e c t e d $ 1 5 9 , 9 7 3 17 7 , 0 3 0 1 6 2 , 7 3 7 1 6 5 , 4 9 4 1 4 5 , 2 7 1 1 1 8 , 8 9 0 1 1 2 , 5 5 7 9 7 , 3 3 2 1 0 3 , 7 1 2 8 9 , 8 6 7 1 1 2 , 7 4 1 108,200 Cu m u l a t i v e C o l l e c t i o n $ 1 5 9 , 9 7 3 33 7 , 0 0 2 4 9 9 , 7 4 0 6 6 5 , 2 3 4 8 1 0 , 5 0 4 9 2 9 , 3 9 5 1 , 0 4 1 , 9 5 1 1 , 1 3 9 , 2 8 3 1 , 2 4 2 , 9 9 5 1 , 3 3 2 , 8 6 2 1 , 4 4 5 , 6 0 3 1,553,803 YE A R E N D F O R E C A S T 1 , 5 5 3 , 8 0 3 1, 5 5 3 , 8 0 3 1 , 5 5 3 , 8 0 3 1 , 5 5 3 , 8 0 3 1 , 5 5 3 , 8 0 3 1 , 5 5 3 , 8 0 3 1 , 5 5 3 , 8 0 3 1 , 5 5 3 , 8 0 3 1 , 5 5 3 , 8 0 3 1 , 5 5 3 , 8 0 3 1 , 5 5 3 , 8 0 3 1,553,803 Pr o j e c t e d Y E V a r i a n c e 7 9 , 9 2 3 79 , 9 2 3 79 , 9 2 3 79 , 9 2 3 79 , 9 2 3 79 , 9 2 3 79 , 9 2 3 79 , 9 2 3 79 , 9 2 3 79,923 79,923 79,923 Bu d g e t V a r i a n c e % 5% 5% 5% 5% 5% 5% 5% 5% 5% 5%5%5% Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l EL E C T R I C U T I L I T Y T A X - 2 5 0 , 0 0 0 5 0 0 , 0 0 0 7 5 0 , 0 0 0 1 , 0 0 0 , 0 0 0 1 , 2 5 0 , 0 0 0 1 , 5 0 0 , 0 0 0 1 , 7 5 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 1 . 2 0 1 2 1 1 C H A R T S Pa g e 6 o f 6 4/4/2012 9:39 AM Pa c k e t Pa g e 62 of 20 3    AM-4705     3. H.              City Council Meeting Meeting Date:04/10/2012 Time:10 Minutes   Submitted For:Shawn Hunstock Submitted By:Shawn Hunstock Department:Finance Committee: Finance Type: Information Information Subject Title General Fund Update - February 2012 Recommendation from Mayor and Staff Informational purposes only. Previous Council Action N/A Narrative General Fund update for the month of February 2012. Attachments February 2012 General Fund Update Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/04/2012 03:20 PM Mayor Dave Earling 04/06/2012 08:41 AM Final Approval Sandy Chase 04/06/2012 08:57 AM Form Started By: Shawn Hunstock Started On: 04/04/2012 10:10 AM Final Approval Date: 04/06/2012  Packet Page 63 of 203 2012 Adopted Annual Budget YTD Actuals Variance % Rec/Exp BEGINNING FUND BALANCE 5,593,521 5,593,521 - REVENUES: REAL PERSONAL / PROPERTY TAX 9,629,986 70,838 9,559,148 1% EMS PROPERTY TAX 2,908,944 26,255 2,882,689 1% VOTED PROPERTY TAX 895,640 6,440 889,200 1% LOCAL RETAIL SALES/USE TAX 4,724,183 880,438 3,843,745 19% NATURAL GAS USE TAX 13,244 1,994 11,250 15% 1/10 SALES TAX LOCAL CRIM JUST 514,898 96,792 418,106 19% GAS UTILITY TAX 892,381 232,788 659,593 26% T.V. CABLE UTILITY TAX 750,682 61,751 688,931 8% TELEPHONE UTILITY TAX 1,390,242 222,717 1,167,525 16% ELECTRIC UTILITY TAX 1,473,880 322,487 1,151,393 22% SOLID WASTE UTILITY TAX 294,601 23,701 270,900 8% WATER UTILITY TAX 824,935 128,612 696,323 16% SEWER UTILITY TAX 470,000 77,647 392,353 17% STORMWATER UTILITY TAX 254,061 60,414 193,647 24% LEASEHOLD EXCISE TAX 221,162 50,860 170,302 23% PULLTABS TAX 60,257 13,014 47,243 22% LICENSES AND PERMITS 1,586,261 375,890 1,210,371 24% INTERGOVERNMENTAL 1,013,653 100,286 913,367 10% CHARGES FOR GOODS AND SERVICES 4,065,102 577,724 3,487,378 14% FINES AND FORFEITURES 619,272 55,391 563,881 9% MISCELLANEOUS 378,118 46,013 332,105 12% INTERFUND TRANSFERS 25,086 - 25,086 0% 33,006,588 3,432,053 29,574,535 10% EXPENDITURES: SALARIES / WAGES 12,958,158 1,962,215 10,995,943 15% BENEFITS 4,305,180 692,208 3,612,972 16% SUPPLIES 550,380 59,622 490,758 11% SERVICES 3,847,473 862,034 2,985,439 22% INTERGOVERNMENTAL 8,473,904 1,866,333 6,607,571 22% CAPITAL OUTLAY 17,144 - 17,144 0% DEBT SERVICE PRINCIPAL 1,147,442 - 1,147,442 0% DEBT SERVICE INTEREST 301,838 - 301,838 0% INTERFUND SERVICES 1,347,769 71,710 1,276,059 5% 32,949,288 5,514,121 27,435,167 17% CHANGE IN FUND BALANCE (YTD)57,300 (2,082,068) 2,139,368 ENDING FUND BALANCE 5,650,821 3,511,453 2,139,368 Page 1 of 6 City of Edmonds General Fund Update February 2012 Packet Page 64 of 203 20 1 2 O U T L O O K 87 1 , 7 5 3 20 1 2 B U D G E T 5 9 0 , 0 0 0 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 9 % 5 % 6 % 9 % 8 % 9 % 9 % 1 0 % 1 0 % 1 0 % 8 % 7 % Cu m u l a t i v e F o r e c a s t % 9 % 1 4 % 2 0 % 2 9 % 3 7 % 4 7 % 5 6 % 6 6 % 7 6 % 8 6 % 9 3 % 1 0 0 % Mo n t h l y F o r e c a s t $ 5 0 , 5 1 6 2 9 , 6 4 3 3 7 , 5 3 1 5 2 , 5 4 4 4 8 , 8 3 8 5 6 , 0 0 2 5 5 , 0 1 1 6 0 , 4 1 0 5 6 , 8 2 3 5 7 , 2 8 0 4 4 , 4 0 0 41,002 Cu m u l a t i v e F o r e c a s t $ 5 0 , 5 1 6 8 0 , 1 5 8 1 1 7 , 6 8 9 1 7 0 , 2 3 3 2 1 9 , 0 7 1 2 7 5 , 0 7 3 3 3 0 , 0 8 4 3 9 0 , 4 9 5 4 4 7 , 3 1 8 5 0 4 , 5 9 7 5 4 8 , 9 9 8 590,000 Ac t u a l C o l l e c t e d $ 5 5 , 7 9 5 6 2 , 6 4 3 55 , 4 5 3 7 7 , 6 3 6 7 2 , 1 6 1 8 2 , 7 4 6 8 1 , 2 8 1 8 9 , 2 5 9 8 3 , 9 5 9 8 4 , 6 3 4 6 5 , 6 0 4 60,583 Cu m u l a t i v e C o l l e c t i o n $ 5 5 , 7 9 5 1 1 8 , 4 3 8 17 3 , 8 9 1 2 5 1 , 5 2 7 3 2 3 , 6 8 9 4 0 6 , 4 3 4 4 8 7 , 7 1 6 5 7 6 , 9 7 5 6 6 0 , 9 3 3 7 4 5 , 5 6 7 8 1 1 , 1 7 1 871,753 YE A R E N D F O R E C A S T 6 5 1 , 6 6 1 8 7 1 , 7 5 3 87 1 , 7 5 3 8 7 1 , 7 5 3 8 7 1 , 7 5 3 8 7 1 , 7 5 3 8 7 1 , 7 5 3 8 7 1 , 7 5 3 8 7 1 , 7 5 3 8 7 1 , 7 5 3 8 7 1 , 7 5 3 871,753 Pr o j e c t e d Y E V a r i a n c e 6 1 , 6 6 1 2 8 1 , 7 5 3 28 1 , 7 5 3 2 8 1 , 7 5 3 2 8 1 , 7 5 3 2 8 1 , 7 5 3 2 8 1 , 7 5 3 2 8 1 , 7 5 3 2 8 1 , 7 5 3 2 8 1 , 7 5 3 2 8 1 , 7 5 3 281,753 Bu d g e t V a r i a n c e % 1 0 % 4 8 % 48 % 4 8 % 4 8 % 4 8 % 4 8 % 4 8 % 4 8 % 4 8 % 4 8 % 4 8 % Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l RE A L E S T A T E E X C I S E T A X - 2 0 0 , 0 0 0 4 0 0 , 0 0 0 6 0 0 , 0 0 0 8 0 0 , 0 0 0 JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NO V DEC 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 2 . 2 0 1 2 1 1 C H A R T S Pa g e 2 o f 6 4/4/2012 9:58 AM Pa c k e t Pa g e 65 of 20 3 20 1 2 O U T L O O K 4, 6 6 7 , 2 8 0 20 1 2 B U D G E T 4 , 7 2 4 , 1 8 3 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 8 % 1 0 % 7 % 7 % 9 % 8 % 8 % 9 % 8 % 8 % 9 % 8 % Cu m u l a t i v e F o r e c a s t % 8 % 1 8 % 2 5 % 3 3 % 4 1 % 4 9 % 5 7 % 6 6 % 7 4 % 8 3 % 9 2 % 1 0 0 % Mo n t h l y F o r e c a s t $ 3 7 5 , 0 1 3 4 7 5 , 3 3 8 3 3 8 , 1 0 1 3 5 0 , 2 5 3 4 1 4 , 4 8 5 3 6 8 , 7 0 5 3 7 1 , 9 2 5 4 3 6 , 8 6 1 3 8 6 , 2 7 2 3 9 5 , 8 6 6 4 3 8 , 7 8 4 372,582 Cu m u l a t i v e F o r e c a s t $ 3 7 5 , 0 1 3 8 5 0 , 3 5 0 1 , 1 8 8 , 4 5 1 1 , 5 3 8 , 7 0 4 1 , 9 5 3 , 1 8 9 2 , 3 2 1 , 8 9 4 2 , 6 9 3 , 8 1 8 3 , 1 3 0 , 6 7 9 3 , 5 1 6 , 9 5 1 3 , 9 1 2 , 8 1 7 4 , 3 5 1 , 6 0 1 4,724,183 Ac t u a l C o l l e c t e d $ 3 5 6 , 1 4 2 4 8 3 , 9 6 6 33 4 , 0 2 8 3 4 6 , 0 3 4 4 0 9 , 4 9 2 3 6 4 , 2 6 4 3 6 7 , 4 4 5 4 3 1 , 5 9 9 3 8 1 , 6 1 9 3 9 1 , 0 9 7 4 3 3 , 4 9 9 368,094 Cu m u l a t i v e C o l l e c t i o n $ 3 5 6 , 1 4 2 8 4 0 , 1 0 8 1, 1 7 4 , 1 3 6 1 , 5 2 0 , 1 7 0 1 , 9 2 9 , 6 6 3 2 , 2 9 3 , 9 2 6 2 , 6 6 1 , 3 7 1 3 , 0 9 2 , 9 7 0 3 , 4 7 4 , 5 8 9 3 , 8 6 5 , 6 8 7 4 , 2 9 9 , 1 8 6 4,667,280 YE A R E N D F O R E C A S T 4 , 4 8 6 , 4 6 6 4 , 6 6 7 , 2 8 0 4, 6 6 7 , 2 8 0 4 , 6 6 7 , 2 8 0 4 , 6 6 7 , 2 8 0 4 , 6 6 7 , 2 8 0 4 , 6 6 7 , 2 8 0 4 , 6 6 7 , 2 8 0 4 , 6 6 7 , 2 8 0 4 , 6 6 7 , 2 8 0 4 , 6 6 7 , 2 8 0 4,667,280 Pr o j e c t e d Y E V a r i a n c e ( 2 3 7 , 7 1 7 ) ( 5 6 , 9 0 3 ) (5 6 , 9 0 3 ) ( 5 6 , 9 0 3 ) ( 5 6 , 9 0 3 ) ( 5 6 , 9 0 3 ) ( 5 6 , 9 0 3 ) ( 5 6 , 9 0 3 ) ( 5 6 , 9 0 3 ) ( 5 6 , 9 0 3 ) ( 5 6 , 9 0 3 ) (56,903) Bu d g e t V a r i a n c e % -5 % -1 % -1 % -1 % -1 % -1 % -1 % -1 % -1 % -1%-1%-1% Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l SA L E S A N D U S E T A X - 5 0 0 , 0 0 0 1 , 0 0 0 , 0 0 0 1 , 5 0 0 , 0 0 0 2 , 0 0 0 , 0 0 0 2 , 5 0 0 , 0 0 0 3 , 0 0 0 , 0 0 0 3 , 5 0 0 , 0 0 0 4 , 0 0 0 , 0 0 0 4 , 5 0 0 , 0 0 0 5 , 0 0 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 2 . 2 0 1 2 1 1 C H A R T S Pa g e 3 o f 6 4/4/2012 9:58 AM Pa c k e t Pa g e 66 of 20 3 20 1 2 O U T L O O K 81 8 , 9 6 9 20 1 2 B U D G E T 8 9 2 , 3 8 1 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 1 4 % 1 5 % 1 3 % 1 1 % 9 % 7 % 5 % 4 % 3 % 4 % 6 % 9 % Cu m u l a t i v e F o r e c a s t % 1 4 % 2 8 % 4 2 % 5 3 % 6 2 % 6 9 % 7 4 % 7 8 % 8 1 % 8 5 % 9 1 % 1 0 0 % Mo n t h l y F o r e c a s t $ 1 2 3 , 7 7 2 1 2 9 , 8 8 3 1 1 8 , 2 2 7 9 9 , 0 3 5 8 3 , 5 8 0 6 2 , 7 0 0 4 5 , 8 8 4 3 2 , 5 4 6 3 0 , 1 7 9 3 2 , 1 3 4 5 4 , 6 3 2 79,808 Cu m u l a t i v e F o r e c a s t $ 1 2 3 , 7 7 2 2 5 3 , 6 5 6 3 7 1 , 8 8 3 4 7 0 , 9 1 8 5 5 4 , 4 9 8 6 1 7 , 1 9 8 6 6 3 , 0 8 3 6 9 5 , 6 2 9 7 2 5 , 8 0 7 7 5 7 , 9 4 1 8 1 2 , 5 7 3 892,381 Ac t u a l C o l l e c t e d $ 1 0 9 , 3 2 1 1 2 3 , 4 6 8 10 8 , 5 0 1 9 0 , 8 8 8 7 6 , 7 0 5 5 7 , 5 4 2 4 2 , 1 1 0 2 9 , 8 6 9 2 7 , 6 9 6 2 9 , 4 9 0 5 0 , 1 3 7 73,243 Cu m u l a t i v e C o l l e c t i o n $ 1 0 9 , 3 2 1 2 3 2 , 7 8 8 34 1 , 2 8 9 4 3 2 , 1 7 7 5 0 8 , 8 8 2 5 6 6 , 4 2 4 6 0 8 , 5 3 3 6 3 8 , 4 0 2 6 6 6 , 0 9 8 6 9 5 , 5 8 8 7 4 5 , 7 2 6 818,969 YE A R E N D F O R E C A S T 7 8 8 , 1 8 7 8 1 8 , 9 6 9 81 8 , 9 6 9 8 1 8 , 9 6 9 8 1 8 , 9 6 9 8 1 8 , 9 6 9 8 1 8 , 9 6 9 8 1 8 , 9 6 9 8 1 8 , 9 6 9 8 1 8 , 9 6 9 8 1 8 , 9 6 9 818,969 Pr o j e c t e d Y E V a r i a n c e ( 1 0 4 , 1 9 4 ) ( 7 3 , 4 1 2 ) (7 3 , 4 1 2 ) ( 7 3 , 4 1 2 ) ( 7 3 , 4 1 2 ) ( 7 3 , 4 1 2 ) ( 7 3 , 4 1 2 ) ( 7 3 , 4 1 2 ) ( 7 3 , 4 1 2 ) ( 7 3 , 4 1 2 ) ( 7 3 , 4 1 2 ) (73,412) Bu d g e t V a r i a n c e % - 1 2 % - 8 % -8 % - 8 % - 8 % - 8 % - 8 % - 8 % - 8 % - 8 % - 8 % - 8 % Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l GA S U T I L I T Y T A X - 2 0 0 , 0 0 0 4 0 0 , 0 0 0 6 0 0 , 0 0 0 8 0 0 , 0 0 0 1 , 0 0 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 2 . 2 0 1 2 1 1 C H A R T S Pa g e 4 o f 6 4/4/2012 9:58 AM Pa c k e t Pa g e 67 of 20 3 20 1 2 O U T L O O K 1, 4 8 5 , 2 5 9 20 1 2 B U D G E T 1 , 3 9 0 , 2 4 2 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 6 % 9 % 1 0 % 7 % 8 % 7 % 9 % 9 % 7 % 1 1 % 6 % 1 2 % Cu m u l a t i v e F o r e c a s t % 6 % 1 5 % 2 5 % 3 1 % 4 0 % 4 7 % 5 6 % 6 5 % 7 1 % 8 2 % 8 8 % 1 0 0 % Mo n t h l y F o r e c a s t $ 8 6 , 8 7 5 1 2 1 , 5 9 4 1 3 3 , 7 4 5 9 3 , 2 2 6 1 1 7 , 8 9 6 9 4 , 9 5 3 1 2 7 , 9 2 0 1 2 3 , 1 2 6 9 3 , 2 9 7 1 4 9 , 7 1 7 8 4 , 6 6 5 163,228 Cu m u l a t i v e F o r e c a s t $ 8 6 , 8 7 5 2 0 8 , 4 6 9 3 4 2 , 2 1 4 4 3 5 , 4 4 0 5 5 3 , 3 3 6 6 4 8 , 2 8 9 7 7 6 , 2 0 9 8 9 9 , 3 3 5 9 9 2 , 6 3 2 1 , 1 4 2 , 3 4 9 1 , 2 2 7 , 0 1 4 1,390,242 Ac t u a l C o l l e c t e d $ 1 2 9 , 3 3 7 9 3 , 3 7 9 14 2 , 8 8 6 9 9 , 5 9 7 1 2 5 , 9 5 3 1 0 1 , 4 4 3 1 3 6 , 6 6 3 1 3 1 , 5 4 1 9 9 , 6 7 4 1 5 9 , 9 5 0 9 0 , 4 5 1 174,384 Cu m u l a t i v e C o l l e c t i o n $ 1 2 9 , 3 3 7 2 2 2 , 7 1 7 36 5 , 6 0 3 4 6 5 , 2 0 0 5 9 1 , 1 5 4 6 9 2 , 5 9 7 8 2 9 , 2 6 0 9 6 0 , 8 0 1 1 , 0 6 0 , 4 7 5 1 , 2 2 0 , 4 2 4 1 , 3 1 0 , 8 7 6 1,485,259 YE A R E N D F O R E C A S T 2 , 0 6 9 , 7 5 5 1 , 4 8 5 , 2 5 9 1, 4 8 5 , 2 5 9 1 , 4 8 5 , 2 5 9 1 , 4 8 5 , 2 5 9 1 , 4 8 5 , 2 5 9 1 , 4 8 5 , 2 5 9 1 , 4 8 5 , 2 5 9 1 , 4 8 5 , 2 5 9 1 , 4 8 5 , 2 5 9 1 , 4 8 5 , 2 5 9 1,485,259 Pr o j e c t e d Y E V a r i a n c e 6 7 9 , 5 1 3 9 5 , 0 1 7 95 , 0 1 7 9 5 , 0 1 7 9 5 , 0 1 7 9 5 , 0 1 7 9 5 , 0 1 7 9 5 , 0 1 7 9 5 , 0 1 7 9 5 , 0 1 7 9 5 , 0 1 7 95,017 Bu d g e t V a r i a n c e % 4 9 % 7 % 7% 7 % 7 % 7 % 7 % 7 % 7 % 7 % 7 % 7 % Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l TE L E P H O N E U T I L I T Y T A X - 2 5 0 , 0 0 0 5 0 0 , 0 0 0 7 5 0 , 0 0 0 1 , 0 0 0 , 0 0 0 1 , 2 5 0 , 0 0 0 1 , 5 0 0 , 0 0 0 1 , 7 5 0 , 0 0 0 2 , 0 0 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 2 . 2 0 1 2 1 1 C H A R T S Pa g e 5 o f 6 4/4/2012 9:58 AM Pa c k e t Pa g e 68 of 20 3 20 1 2 O U T L O O K 1, 4 8 6 , 8 7 8 20 1 2 B U D G E T 1 , 4 7 3 , 8 8 0 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 1 0 % 1 1 % 1 0 % 1 1 % 9 % 8 % 7 % 6 % 7 % 6 % 7 % 7 % Cu m u l a t i v e F o r e c a s t % 1 0 % 2 2 % 3 2 % 4 3 % 5 2 % 6 0 % 6 7 % 7 3 % 8 0 % 8 6 % 9 3 % 1 0 0 % Mo n t h l y F o r e c a s t $ 1 5 1 , 7 4 4 1 6 7 , 9 2 4 1 5 4 , 3 6 7 1 5 6 , 9 8 1 1 3 7 , 7 9 8 1 1 2 , 7 7 5 1 0 6 , 7 6 7 9 2 , 3 2 5 9 8 , 3 7 7 8 5 , 2 4 5 1 0 6 , 9 4 2 102,634 Cu m u l a t i v e F o r e c a s t $ 1 5 1 , 7 4 4 3 1 9 , 6 6 8 4 7 4 , 0 3 5 6 3 1 , 0 1 6 7 6 8 , 8 1 4 8 8 1 , 5 8 9 9 8 8 , 3 5 6 1 , 0 8 0 , 6 8 2 1 , 1 7 9 , 0 5 9 1 , 2 6 4 , 3 0 4 1 , 3 7 1 , 2 4 6 1,473,880 Ac t u a l C o l l e c t e d $ 1 5 9 , 9 7 3 1 6 2 , 5 1 4 15 5 , 7 2 8 1 5 8 , 3 6 6 1 3 9 , 0 1 3 1 1 3 , 7 6 9 1 0 7 , 7 0 9 9 3 , 1 4 0 9 9 , 2 4 5 8 5 , 9 9 6 1 0 7 , 8 8 5 103,539 Cu m u l a t i v e C o l l e c t i o n $ 1 5 9 , 9 7 3 3 2 2 , 4 8 7 47 8 , 2 1 5 6 3 6 , 5 8 1 7 7 5 , 5 9 4 8 8 9 , 3 6 4 9 9 7 , 0 7 2 1 , 0 9 0 , 2 1 2 1 , 1 8 9 , 4 5 6 1 , 2 7 5 , 4 5 3 1 , 3 8 3 , 3 3 8 1,486,878 YE A R E N D F O R E C A S T 1 , 5 5 3 , 8 0 3 1 , 4 8 6 , 8 7 8 1, 4 8 6 , 8 7 8 1 , 4 8 6 , 8 7 8 1 , 4 8 6 , 8 7 8 1 , 4 8 6 , 8 7 8 1 , 4 8 6 , 8 7 8 1 , 4 8 6 , 8 7 8 1 , 4 8 6 , 8 7 8 1 , 4 8 6 , 8 7 8 1 , 4 8 6 , 8 7 8 1,486,878 Pr o j e c t e d Y E V a r i a n c e 7 9 , 9 2 3 1 2 , 9 9 8 12 , 9 9 8 1 2 , 9 9 8 1 2 , 9 9 8 1 2 , 9 9 8 1 2 , 9 9 8 1 2 , 9 9 8 1 2 , 9 9 8 1 2 , 9 9 8 1 2 , 9 9 8 12,998 Bu d g e t V a r i a n c e % 5 % 1 % 1% 1 % 1 % 1 % 1 % 1 % 1 % 1 % 1 % 1 % Ci t y o f E d m o n d s 20 1 2 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l EL E C T R I C U T I L I T Y T A X - 2 5 0 , 0 0 0 5 0 0 , 0 0 0 7 5 0 , 0 0 0 1 , 0 0 0 , 0 0 0 1 , 2 5 0 , 0 0 0 1 , 5 0 0 , 0 0 0 1 , 7 5 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C 20 1 2 C U M U L A T I V E CO L L E C T I O N S Ac t u a l s / T r e n d Bu d g e t R: \ F i n a n c e C o m m i t t e e \ 2 0 1 2 \ M o n t h l y \ G F R e p o r t 0 2 . 2 0 1 2 1 1 C H A R T S Pa g e 6 o f 6 4/4/2012 9:58 AM Pa c k e t Pa g e 69 of 20 3    AM-4709     4. A.              City Council Meeting Meeting Date:04/10/2012 Time:10 Minutes   Submitted By:Renee McRae Department:Parks and Recreation Committee: Planning, Parks, Public Works Type: Action Information Subject Title Annual Special Event Contracts Recommendation from Mayor and Staff Forward the individual contracts to the consent agenda for approval at the April 17, 2012 Council meeting. Previous Council Action None Narrative Each year the City Council reviews and authorizes the Mayor to sign the contracts for the Garden/Summer Market, Edmonds Arts Festival, 4th of July Parade and Fireworks Display, Taste of Edmonds, and the Classic Car Show. The contracts have been revised with the 2012 dates and fees where appropriate.   Attachments 2012 Market Contract 2012 EAF Contract 2012 4th of July Contract 2012 Taste Contract 2012 Car Show Contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/05/2012 08:56 AM Mayor Dave Earling 04/06/2012 08:43 AM Final Approval Sandy Chase 04/06/2012 08:57 AM Form Started By: Renee McRae Started On: 04/04/2012 12:36 PM Final Approval Date: 04/06/2012  Packet Page 70 of 203 {WSS780893.DOC;1\00006.900000\ } 1 CONTRACT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY May 5-October 6, 2012 The following is an agreement (“Agreement”) between the CITY OF EDMONDS (hereinafter referred to as the “City”), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the “Historical Society”) (collectively, the “Parties”). WHEREAS, the Edmonds South County Historical Society has operated in the past a spring and summer market, providing a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small business persons and their products; WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, the event promotes tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City. 1.1 Garden Market (May 5 through June 23): The City shall provide up to 40 parking spaces located on the south and west sides of the police parking lot for farmer/producer based vendors each Saturday. 1.2 Summer Market (June 30 through October 6): The City shall provide use of the right of way, Bell Street between 5th and 6th Avenues and 5th Avenue between Bell and Main Streets, by the Historical Society for the “Summer Market” event, each Saturday (Exception: No Summer Market during Taste of Edmonds, Saturday August 11.) The City shall allow vendor parking on the south, east and west sides of the police parking lot each Saturday (Exception: No Summer Market during Taste of Edmonds, Saturday August 11.) All use and configuration of tents and other temporary facilities used in this event shall be inspected and reviewed prior to the event by Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open Air Market Ordinance. Tarps, tents, canopies and covers shall be tested and labeled for fire resistance. Also, all participants shall be required to adhere to all provisions of State and local law to insure that no lasting or Packet Page 71 of 203 {WSS780893.DOC;1\00006.900000\ } 2 permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. The City shall install Summer Market banners as provided by Historical Society at approved sites. Historical Society shall obtain a Street Banner Permit and pay the required fee. The City shall install appropriate “No Parking Saturdays” signage on both 5 th Avenue South and Bell Streets in late June and provide portable street barriers. 2. Responsibilities of the Historical Society. 2.1 Garden Market (May 5 through June 23) and Summer Market (June 30 through October 6): Set up hours begin at 6:00 a.m. on Saturdays on 5 th Avenue and 7:00 a.m. on Saturdays on Bell Street. During the Garden Market and Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking shall not be allowed in this area . Violators may be towed at their own expense. For Summer Market, parking restrictions shall be posted indicating violators will be towed. Police Department will attempt to notify owners. If not located by 6:30 a.m. police will proceed to have violating vehicles towed. For Summer Market, street barricades are in place at 6:00 a.m. on Saturday and removed by 5:00 p.m. Exception: The street barricade at 5th Avenue and Bell Street will not be placed until after Sound Disposal enters 5th Avenue to access the alley next to the Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue by 6:15 a.m. at the latest. Historical Society shall obtain necessary Street Use Permits for Summer Market. 2.2 The Historical Society shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. The City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Historical Society’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to provide that the Historical Society’s insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Historical Society’s insurance and shall not contribute to it. The Historical Society shall provide a Packet Page 72 of 203 {WSS780893.DOC;1\00006.900000\ } 3 certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.3 The Historical Society agrees that the Market is a public event. The Historical Society further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society shall permit citizens attending events open to the general public at a City-Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. 2.4 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 The Historical Society shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Histor ical Society’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Historical Society of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 Neither the Historical Society nor any of its officers, agents, or employees shall discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.7 In addition, the Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (hereinafter the “smoking ban”), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.8 Historical Society agrees to the following Market days: Garden Market: Saturdays, May 5 through June 23, 2012 Summer Market: Saturdays, June 30 through October 6, 2012 (No Market August 11, due to Taste of Edmonds). Historical Society agrees to the following Market hours of operation: Packet Page 73 of 203 {WSS780893.DOC;1\00006.900000\ } 4 Garden Market open: 9:00 a.m.-2:00 p.m. Set up: 7:00 a.m.-9:00 a.m. Takedown: 2:00 p.m.-3:30 p.m. Summer Market open: 9:00 a.m.-3:00 p.m. Set up: 6:00 a.m.-9:00 a.m. (6:00 a.m. start on 5th Avenue; 7:00 a.m. start on Bell Street) Takedown: 3:00 p.m.-4:30 p.m. 2.9 The City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by the Historical Society or the participants in this event. 2.10 Historical Society shall provide fire watch for all times in and around the booths and displays open to the general public as part of this event. 2.11 Historical Society shall provide sufficient portable sani-cans. Sani-cans will be discretely placed at a location(s) to be agreed upon by the City and the Historical Society. The City agrees to allow the use of one space in the parking lot south of City Hall to be used for the placement of two sani-cans for the length of the “Summer Market” (June 30 to October 6, 2012). 2.12 Individual vendors are responsible for packing out all of their own garbage. Historical Society may deposit up to twelve (12) thirty-three gallon bags of garbage generated in their area in dumpster west of City Hall. 2.13 Historical Society shall arrange for and pay for a recycling container from Sound Disposal. Container shall be stored and serviced in the Public Safety Center’s trash enclosure that abuts Fire Station 17. 2.14 Upon the completion of the event, Historical Society shall make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement. 2.15 Historical Society shall pay the City all permit fees, in accordance with provisions of open air market, Ordinance #3015, for the above-mentioned facilities use and services at least ten (10) days prior to the event. 2.16 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire Agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to Packet Page 74 of 203 {WSS780893.DOC;1\00006.900000\ } 5 interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Historical Society shall be deemed to be the same of the City for any purpose. The Historical Society alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________ 2012. CITY OF EDMONDS: EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: David O. Earling, Mayor By: Its: Date: ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 75 of 203 1 CONTRACT CITY OF EDMONDS, WASHINGTON AND EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED June 7-June 20, 2012 The following is an agreement (“Agreement”) between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "Festival Association") (collectively, the “Parties”). WHEREAS, the Festival Association has for many years sponsored a public event known as the Edmonds Arts Festival which provides educational and artistic benefits to the citizens of Edmonds; WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds’ artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival Association by the City are more than adequately recompensed by the compensation provided by the Festival Association and from the public benefits received by the citizens of the City; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City. (Certain Festival Association obligations included). 1.1 From 10:00 p.m., June 7 to 5:00 p.m., June 19, 2012, the City shall provide Rooms 206, 207, 208, 209 (parallel bars will not be taken down), 112, 113, 114, 115, and 123 of the Frances Anderson Center. The Frances Anderson Center gym shall be provided from 1:00 p.m., June 7 to 12:00 midnight, June 18, 2012. Gym shall be available for use by 8:00 a.m., Tuesday, June 19, 2012. Under no circumstances shall the Festival Association have access to the Sculptor's Workshop, Rooms 210 and 211. 1.2 The City shall provide the Library Plaza Room from 8:00 a.m., Thursday, June 7 until 12:00 midnight, Monday, June 18, 2012 at which time the Festival Association agrees to have the carpet professionally cleaned so that it is dry and ready for set up at 7:00 a.m., Tuesday, June 19, 2012. 1.3 All of the rooms identified herein shall be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that shall be located therein. The City shall make its best efforts to limit foot traffic not related to the Festival Association activities to a minimum. Two sets of the required keys plus three additional room keys will be checked out to the Festival Association President, or designee, who shall be responsible for security of all Festival Association displays and supplies. The Packet Page 76 of 203 2 Festival Association may cover the vending machines from 12:00 noon, June 13 through June 17, 2012. 1.4 During the evening of June 13, 2012, the Festival Association shall have exclusive control of the hallways serving the rooms it is allowed to use for that evening starting at 5:00 p.m. During this time, the Festival Association shall hold the Annual Preview Party from 5:30 p.m. to 12:00 midnight. The Fire Department will do an inspection of the tented area prior to the start of the party for life safety issues. Alcoholic drinks may be served at the Preview Party, so long as the Festival Association obtains all required state licenses and approvals to serve alcohol. The lighted display shall be reserved for the use of the Festival Association. The City shall provide ample trashcans for the evening of June 13, 2012. Clean up is the responsibility of the Festival Association. 1.5 The City shall provide the Frances Anderson ballfield, playfield, courtyard and amphitheater, and the Edmonds Plaza from Noon, June 13 through midnight, June 18, 2012. The playfield shall be provided for Artwork Booths. It is recognized that the City may choose to sprinkle the field prior to the Edmonds Arts Festival to reduce dust as watering the field is the only means the City has to control dust. The sprinkling system shall be turned off by 8:00 a.m., June 13, 2012. The Festival Association agrees to reduce the size of the infield cover to cover the infield only. In addition to the Playfield, the Festival Association shall be provided the paved area west of the outdoor stage for the food concession area. The Library Plaza to the west of the Anderson Center shall be used for special functions suitable to the area. The Festival Association shall utilize and shall be provided up to fifteen (15) picnic tables at the concession area and up to fifteen (15) garbage cans around the outside area, and shall provide the City with a schematic drawing of where the garbage cans and picnic tables are to be placed by June 1. The Festival Association shall provide two volunteers for eight hours each to assist with the moving and placement of picnic tables and garbage cans and shall provide a truck and volunteers to move and set up the information booths. The Festival Association shall be responsible for providing a dumpster for trash and grease traps for waste water disposal. The Festival Association shall provide the City with a list of supplies (trash can liners, paper towels, etc.) which the City shall order. The Festival Association will pay the invoices for all supplies in a timely fashion. The City shall check the stage to insure that it is in safe and usable condition. 1.6 Eighth Avenue shall be closed between Main Street and Dayton Street for an additional food concession area and eating tables from 8:00 a.m., June 13, through 12:00 noon, June 18, 2012. The City shall provide and install safety barriers at both ends of the closed street. The Festival Association shall obtain a street closure permit as a part of its obligations under paragraph 2.9. 1.7 Except as provided below, the Festival Association shall have exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 13 through June 18, 2012, provided, however, that the Festival Association shall provide nine parking permits and marked stalls for Library staff/patrons, which include three handicapped parking stalls. The Dayton Street book drop and the Library receiving area must remain open at all times. The City shall provide official handicapped parking signs. One Packet Page 77 of 203 3 load/unload space each will be marked on Dayton and Main Street, and up to two spaces on 8th Avenue. 1.8 The Festival Association shall have exclusive use of the Civic Center dirt soccer/football field (excluding all turf areas) from 2 p.m., June 13 until 8 a.m., Monday, June 18, 2012. The field will be used exclusively for all-day parking of exhibitors and staff. Entrance adjacent to Boys & Girls Club prohibited except in an emergency. 1.9 The City shall install Edmonds Arts Festival street banners at all approved sites. One additional banner on the east wall of the Frances Anderson Center will be installed by the City. 1.10 The City shall provide fifteen (15) amps of electrical service to each duplex outlet: the Festival Association must supply any additional power. A Festival Association representative and a City representative from Public Works will meet prior to June 7, 2012, to draw up an interior and exterior electrical plan. The Festival Association is responsible for notifying PUD of hookups and scheduling inspection of temporary panels. The Festival Association must have temporary panels and power poles removed by 12:00 Noon, Wednesday, June 20, 2012. The Festival Association shall not draw power from the Frances Anderson Center. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and shall not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, the Parties acknowledge that, pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Festival Association warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association shall permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. Packet Page 78 of 203 4 2.4 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.5 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Festival Association will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.6 The Festival Association shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Festival Association’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Festival Association of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.7 The Festival Association shall provide a Certificate of Insurance evidencing insurance written on an occurrence basis with limits no less than $3,000,000 combined single limit per occurrence and $3,000,000 aggregate for personal injury, bodily injury and property damage. The City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Festival Association’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Festival Association’s insurance coverage shall be primary insurance. Any insurance, or insurance pool coverage maintained by the City shall be in excess of the Festival Association’s insurance and shall not contribute to it. The Festival Association shall provide a certificate of insurance evidencing the required insurance before using the premises described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.8 Displays and artworks shall not be hung from conduits or sprinkler pipes. Exits and exit signage shall not be obstructed except with specific approval of the Fire Marshal or his designee. Nothing shall be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association shall be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes shall be used on grassy areas of the Plaza. A Festival Association representative shall meet with a member of the City's Parks and Recreation Department prior to June 7, 2012 and on June 20, 2012 to inspect the facility to Packet Page 79 of 203 5 document the “original” and post event condition of the Anderson Center, the Plaza Rooms, and outside areas. 2.9 The Festival Association shall be responsible for picking up all trash and removing all items and equipment related to the Edmonds Arts Festival by 5:00 p.m., June 19, 2012. This includes the grounds as well as the buildings. The City shall provide the Festival Association with one mop, pail, and broom to use for cleanup, supplies for the toilet facilities, and keys to dispensers. The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from 5:00 pm, June 13 to 5:00 pm, June 18, 2012. 2.10 The Festival Association shall provide manpower to assist relocating City equipment and furniture to the storage rooms. Also, City clients shall have access to the weight room (200A) for drop-in use up until 2:00 p.m., Wednesday, June 13, 2012, and starting again at 8:00 a.m., Monday, June 18, 2012. The clients shall use the alternate Main Street entrance (no access through the gym). The City shall secure the hallway between the gymnasium and the weight room by 12:00 noon, Friday, June 8. The hallway must be opened by 3:00 p.m., June 13 and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.11 The Festival Association shall be responsible for all required city and state permits. The Festival Association shall submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the state. 2.12 The Festival Association shall post "NO DOGS" signs on the Edmonds Arts Festival grounds and the Civic Center Field as per City Ordinance. The Festival Association shall notify vendors of this ordinance as part of their registration instructions, and also inform vendors that this ordinance will be enforced. This provision shall not apply to service animals for the disabled. 2.13 The Festival Association shall be responsible for cleaning rugs, floors, stairs, and otherwise restoring the buildings to their original condition, including professional cleaning of the Plaza Room carpet, rooms 201, 209, 112 (if used), 114 and main floor hallway, elevator lobby and ramp. The Festival Association shall pay for special cleaning of all paved food concession areas, restore all areas to their original condition, and wash east-facing windows on the first and second floor of the Frances Anderson Center by 4:00 p.m., Wednesday, June 20. (Care must be taken particularly with the Daycare windows below ground level which have exhaust fans that are not able to be sealed). The Festival Association shall hot water power wash the Plaza and all pedestrian walkways around the amphitheater and Frances Anderson Center as well as the Library Plaza area and steps to the Library parking lot. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. Disposal of waste water shall be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. Packet Page 80 of 203 6 2.14 The Festival Association shall provide a fire watch for all times the buildings and displays are open to the general public. The Edmonds Fire Marshall or representative shall inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 8, 2012 and any potential problems will be noted and reported prior to Fire Marshall's briefing. At 9:00 a.m., June 13, 2012 Fire Marshall shall brief designated representatives of the Festival Association of the location and use of fire apparatus in the Anderson Center and Library Plaza Rooms. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.15 The Festival Association shall insure that: 2.15.1 Kilns, barbecues, forges and other sources of heat shall be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area shall be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Edmonds Arts Festival opening. Tarps, tents, canopies and covers shall be listed and labeled for flame resistance. 2.15.2 Vehicles shall only be allowed on turfed areas to load and unload, with adjacent streets and Civic Center Soccer Playfield (dirt field) used for parking during the Edmonds Arts Festival. Food Court concessions will use the Main Street entrance for loading and unloading. The Festival Association shall notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 2.15.3 The Festival Association will provide gate control and parking supervision to ensure orderly and efficient parking, and restrict parking to the sand/dirt surface within the track area. Use of the jogging track, tennis courts, softball field, and Boy’ & Girls’ Club activities should not be impacted. The Festival Association may be charged time and/or materials to return the area to its original condition. 2.16 The Festival Association shall submit a cleaning/damage deposit of $1,000.00 to the City prior to May 3, 2012. The deposit shall be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.17 The Festival Association shall pay the City a fee of $6,600.00 ($5,960 for Anderson Center, under stage storage, Plaza Room and environs and $640 for Civic Field) for the use and services of the above mentioned facilities in this Contract, pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. All fees are due by May 3, 2012. 2.18 Notices. All requests for additional services and concerns of the Festival Association shall be directed by the Festival Association President to the City's designated representative, Renée McRae (425.771.0232). Packet Page 81 of 203 7 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Festival Association shall be deemed to be the same of the City for any purpose. The Festival Association alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this _______ day of __________________, 2012. CITY OF EDMONDS: EDMONDS ARTS FESTIVAL ASSOCIATION By: David O. Earling, Mayor Its: Date: ATTEST/AUTHENTICATED Sandra S. Chase, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 82 of 203 1 CONTRACT THE CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE Wednesday, July 4, 2012 The following is an agreement (“Agreement”) between the CITY OF EDMONDS (hereinafter referred to as “City”) and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as “Chamber”) (collectively, the “Parties”). WHEREAS, the Chamber proposes to conduct a public celebration honoring Independence Day - 4th of July through a parade and fireworks display; and WHEREAS, the City Council finds that it is in the public interest to participate in the sponsorship of such events by providing the consideration set forth in this Agreement in order to enhance the safety of the public celebrations for its citizens and to offer a reasonable alternative to the use of private fireworks which the Council finds in many situations to be unsafe; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City City shall provide: 1.1 Use of City streets as diagrammed in Exhibit A - Parade Route, for parade to occur on July 4, 2012. City will provide traffic barriers and will set up and take down sound system to be located at the Edmonds Theater. City shall put up banners at approved sites. 1.2 Use of Civic Center Playfield for setup to start at 9:00 a.m. and Fireworks to occur at approximately 10 p.m., July 4, 2012. 1.3 Use of 6th Avenue South between Bell Street and Sprague Street from 6:00 p.m. until 11:00 p.m. 1.4 Barricades at 6th Avenue South and Bell and 6th Avenue South and Sprague. 1.5 A power hookup at the west end of the grandstand and power for the band. 1.6 Two signs at each entrance to the Park indicating no fireworks or alcohol allowed. 1.7 City is responsible for stringing flags, caution tape or line that clearly delineates spectator areas from fireworks staging areas. Packet Page 83 of 203 2 2. Responsibilities of the Chamber 2.1 To assume all responsibility for coordination of the 4th of July Parade, including but not limited to hiring off-duty police officers to police the route and assuring that all participants are informed of and abide by the parade rules to insure that no participants draw people viewing the parade onto the parade route. 2.2 To obtain the necessary Street Banner Application (from Public Works 425-771- 0235) and Parade Permit (Police Department 425-771-0200). Fees for the preceding two permits will be waived for this event. A Street Use Permit is not needed. Chamber will ensure that pyrotechnic provider submits Application for Fireworks Display Permit accompanied by a $30.00 public display permit fee (Edmonds Fire Marshal 425-771-0215). A copy of their State pyrotechnic license shall be provided with their application. The Chamber shall obtain ASCAP and any other copyright licenses necessary. 2.3 To provide for security and sani-cans along the parade route and fireworks display. 2.4 To pick up, deliver, and return to storage in City Park gazebo and Parks Maintenance area all needed 3’ X 10’ and 10’ X 10’ staging sections. 2.5. To hook up electrical power made available by the City at the west end of the grandstand. 2.6 To provide 10 yards of sand for the pyrotechnic display and provisions for cleanup and removal after the event. 2.7 To assume all responsibility for fireworks display. A State-licensed pyrotechnics operator shall abide by local ordinances and make necessary permit applications for local approval. State guidelines and operational requirements shall be adhered to for safe operation of fireworks. 2.8 To authorize a maximum of three stationary self-contained vendors on closed sections of 5th or Main Streets off the parade route. No vendors will be authorized along the parade route. To authorize not more than ten vendors on 6th Avenue South between Bell Street and Sprague for the evening fireworks. Vendors shall operate at specified locations and shall not block park entrances or fire hydrants. Vendors must be self-contained; no power hookups are available for vendors. Vendors are responsible for having appropriate permits and for compliance with all local and state requirements. 2.9 To provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. The City shall be named as an insured on the Chamber’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber’s insurance coverage shall be primary insurance. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber’s insurance and Packet Page 84 of 203 3 shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.10 To remove all garbage to the size of a cigarette butt, including metal and litter debris, equipment, and any and all other items made necessary by or used in the provision of this event. 2.11 The Chamber agrees that the 4th of July celebration is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City-Provided Site during the 4th of July celebration to exercise therein their protected constitutional right to free speech without interference. 2.12 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.13 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.14 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.15 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.16 The Chamber shall be responsible to restore all public spaces to their original condition, including removing and disposing of any and all litter and trash. Packet Page 85 of 203 4 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________, 2012. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: David O. Earling, Mayor Ron Clyborne, Chamber President ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 86 of 203 5 Packet Page 87 of 203 6 4th of July Parade Participant’s Map Booths will be on the west side of 6th. They will not block entrances or fire hydrants. Civic Center Playfield Sp r a g u e B e l l 6th Avenue Greater Edmonds Chamber of Commerce 4th of July Fireworks and Evening Festivities Vendor Area on 6th Ave. N Packet Page 88 of 203 1 CONTRACT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 8-14, 2012 The following is an agreement (“Agreement”) between CITY OF EDMONDS (hereinafter referred to as the “City”), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the “Chamber”) (collectively, the “Parties”). WHEREAS, the Greater Edmonds Chamber of Commerce has for a number of years conducted a public event known as “A Taste of Edmonds” and proposes to do so again in 2012; WHEREAS; the City Council finds that A Taste of Edmonds provides distinct benefits to the City by showcasing Edmonds’ restaurants and other local businesses while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities and Rights of City 1.1 City shall provide use of surfaces on Civic Center Field (excluding the tennis courts), Bell Street including Centennial Plaza between 5th & 6th Avenues, and 6th Avenue from Bell Street north to Daley Street, and south approximately 80’ to first drive on west side for use by Chamber for the “Taste of Edmonds” event (the “Event”), so as to allow for the following: (a) The Event setup shall begin on Wednesday, August 8, 2012, at 8:00 a.m. Barricades to be in place at 8:00 a.m. (b) All surfaces listed shall remain available to the “Taste of Edmonds” until final cleanup by Tuesday, August 14, 2012, at noon. (c) City shall designate eight (8) additional handicapped parking spaces to be located in an area to be agreed upon by City and Chamber officials. 1.2 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. 1.3 Edmonds Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 10:00 a.m., August 10, 2012, as the Parties shall agree and note all potential Packet Page 89 of 203 2 problems. Prior to the opening of the Event, Chamber shall correct all problems related to fire safety. In the event that such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, any violation or other condition that threatens life, health or property has not been corrected. 1.4 City shall provide barricades and barricade placement and removal for the Event. 1.5 City shall provide padlocks as required on location for tennis courts and other areas from which public access is restricted during the Event. City shall also provide removal of the padlocks. 1.6 City shall provide water access behind the opening between booths 187 and 188 for use by the food vendors. 1.7 City shall provide access to storage area of portable stage to beer garden at time of stage installation and at time of stage removal. 1.8 City shall remove fencing on east side of Boys & Girls Club basketball courts. 1.9 City shall provide basketball hoop removal and re-installation on basketball courts located near the Boys & Girls Club building. 1.10 City shall install Taste of Edmonds street banners as provided by Chamber at approved sites. Chamber shall obtain a Street Banner Permit and pay the required fee. 1.11 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.12 City shall provide and oversee police supervision of the Event under the command of the Chief of Police or his designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or his designee, and the Chamber Executive Director. 2. Responsibilities and Rights of Chamber 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Chamber’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber’s insurance shall be the primary insurance. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber’s insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required Packet Page 90 of 203 3 insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.2 The Chamber agrees that the Taste of Edmonds is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City-Provided Site during the Taste of Edmonds to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.3 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber of Commerce will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 RCW 70.93.093 concerning event recycling became effective in Washington on July 22, 2007. The Festival Association will place clearly marked recycling containers throughout the Event area for the collection of aluminum, glass or plastic bottles or cans, and arrange for recycling services. 2.5 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 Chamber may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.7 Neither Chamber nor any of its officers, agents, or employees shall discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.8 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Packet Page 91 of 203 4 Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.9 Chamber shall obtain any necessary Street Use and Parks Facility Use Permits and pay the required fees. (See site plan attached as Exhibit “A”). 2.10 Chamber shall restrict field parking to approved areas. Chamber shall have security at permit parking entrance area to limit public access. City has the right to close the parking area for the Event if parking is not limited to the agreed upon area. 2.11 Chamber shall ensure that all booths/beer garden/wine garden have the necessary state permits for serving and selling alcohol. Chamber agrees to make its best effort to prevent service of alcohol to minors, including segregation of the beer garden and wine garden, posting security at the entrances of the beer garden and wine garden and checking identification in accordance with common practice. Chamber shall obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.12 Chamber agrees to the following general open hours of the Taste of Edmonds: Friday, August 10, 2012: 11:00 a.m.-10:00 p.m. Saturday, August 11, 2012: 11:00 a.m.-10:00 p.m. Sunday, August 12, 2012: 11:00 a.m.-7:00 p.m. Chamber agrees to keep the hours of operation in the Beer Garden and Wine Garden within the following schedule: Friday, August 10, 2012: 11 a.m.-10:00 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Saturday, August 11, 2012: 11:00 a.m.-10 p.m. (Last call 9:30 p.m., no service after 9:45 p.m.) Sunday, August 12, 2012: 11:00 a.m.-7:00 p.m. (Last call 6:30 p.m., no service after 6:45 p.m.) 2.13 Chamber shall provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in the Event. 2.14 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of the Event. 2.15 Chamber shall provide a sufficient number of portable sani-cans and wash stations (approximately 35 sani-cans, 2 of which must be handicapped accessible, and a minimum of 5 wash stations). 2.16 Chamber shall provide fence installation and removal at the Beer Garden and Wine Gardens. Packet Page 92 of 203 5 2.17 Chamber is responsible for contracting with appropriate vendors for power. No power is available from the Civic Center complex. 2.18 Chamber shall provide labor and equipment for the portable Beer Garden pouring station (PS) to: (1) pickup the PS elements at the City’s storage location, (2) set up the PS, (3) take down the PS, (4) cleanup the PS elements, and (5) return the PS elements to the City’s st orage location. 2.19 Garbage service shall be contracted and paid for by Chamber. 2.20 Upon the completion of the Event, Chamber shall make adequate provisions for the cleanup and restoration of all sites rented or provided under the terms of this Agreement, including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. Storm drains are to be covered with filter fabric to capture grease and debris. 2.21 Cleanup areas include area as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.22 All garbage to the size of a cigarette butt, debris, litter, equipment, and any other and all other items made necessary by or used in the provision of the Event shall be picked up and removed by 12:00 noon, Tuesday, August 14, 2012. 2.23 A final inspection of the Event area shall be conducted by City Parks Maintenance Division to determine if all areas are clean and returned to their original condition. 2.24 Chamber shall submit a cleaning/damage deposit of $1,500.00 to City prior to Wednesday, July 11, 2012. The deposit shall be refunded to Chamber if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse City for loss or cleaning costs. 2.25 Chamber shall pay City all permit fees for the above-mentioned facility use ($880.00 facility rental) prior to Wednesday, July 11, 2012, and shall reimburse City for the actual costs of supplies or services furnished by City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.26 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. Packet Page 93 of 203 6 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________, 2012. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: David O. Earling, Mayor Ron Clyborne, President ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 94 of 203 7 Exhibit A 2012 LAYOUT Packet Page 95 of 203 1 CONTRACT BETWEEN THE CITY OF EDMONDS AND THE GREATER EDMONDS CHAMBER OF COMMERCE September 9, 2012 The following is an agreement (“Agreement”) between CITY OF EDMONDS ("City"), and the GREATER EDMONDS CHAMBER OF COMMERCE ("Chamber") (collectively, the “Parties”). WHEREAS, the Chamber has proposed to hold a public event known as the Edmonds Chamber of Commerce Classic Car Show (“Classic Car Show” or “Event”); WHEREAS, the City Council finds that the “Classic Car Show” provides distinct benefits to th e City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. City and Chamber agree that: 1.1 City shall provide use of the following surfaces by Chamber for the Classic Car Show: “Center Round” around the fountain in downtown Edmonds at 5th Avenue and Main Street, Main Street from the East side of its intersection with 3rd Avenue to the West side of its intersection with 6th Avenue, 4th Avenue S. from the South side of its intersection with Bell Street to the North side of its intersection with Dayton Street, and again from the South side of its intersection with Dayton Street to approximately 100 feet south down 4th Avenue, 5th Avenue, from the North side of its intersection with Walnut Street to the North side of its intersection of the northern leg of Bell Street, Dayton Street, from the West side of 5th Avenue to the East side of 4th Avenue, City Hall parking lot located immediately South of the City Hall building at 121 5th Avenue N and the parking lot under City Hall. (The above areas shall be hereinafter referred to as the “City-Provided Site.”) Packet Page 96 of 203 2 1.2 One or several days before the Event, City shall place signs so as to clear the City- Provided Site of all vehicles from 2:00 a.m. on the date of the event until 7:00 p.m. on the same day. 1.3 City shall provide barriers near the following 13 locations for street closures required to contain the City-Provided Site described in Paragraph 1.1: Pine and 5th, to close 5th Avenue north to Walnut, Maple and 5th, to close Maple Street east of 5th Avenue Dayton and 6th, to allow local access only on Dayton between 6th Avenue & 5th Avenue Dayton and 5th, to close 5th Avenue north and south of Dayton Street Dayton and 5th, to close Dayton west of 5th Avenue Dayton and 4th, to close Dayton east of 4th Avenue Walnut and 5th, to close 5th Avenue north and south of Walnut Street Main and 5th, to close 5th Avenue to the most northern portion of Bell Main and 6th, to close Main Street west of 6th Avenue Main and 3rd, to close Main Street east of 3rd Avenue 4th and Bell, to close 4th Avenue south of Bell Street 4th and Dayton, to close 4th Avenue north and south of Dayton Street; and On 4th, to close 4th Avenue 100 ft. immediately south of Dayton 1.4 City shall arrange for access control of 5 th Avenue South at Walnut Street from 8:30 a.m. until 11:30 a.m. on the date of the Event. Chamber will be responsible for paying the actual cost of the overtime wages incurred by the City of the police officer to be stationed at the intersection. This intersection will not be closed to general traffic east and west, but access will be controlled and may be limited during this time period to allow for the safe staging of Event vehicles. There will be a committee member at the intersection with the police officer to designate which vehicles will be part of the Event. 1.5 Above barriers shall be delivered so as to allow Chamber to position such barriers at 5:00 a.m. the day of the Event. The number of barriers left by City at each of the eight locations shall be sufficient to provide adequate street closure. Chamber shall remove same barriers at 7:00 p.m. on the same day. 1.6 City shall also provide street closure barriers for the purpose described in Paragraph 1.7 near the following intersections: Maple Street and 6th Avenue, to close Maple west of 6th; and Alder Street and 6th Avenue, to close Alder west of 6th. 1.7 Chamber shall position such barriers at 5:00 a.m. the day of the Event so as to provide adequate street closures and prevent traffic from 6th Avenue to turn onto Maple Street or Alder Street from 5:00 a.m. until 10:00 a.m. Chamber shall remove such barriers at 10:00 a.m. on the same day. 1.8 On the day of the event, Chamber shall place traffic cones on the center-dividing line of 5th Avenue between Pine Street and Walnut Street from 5:00 a.m. until 10:00 a.m. Packet Page 97 of 203 3 1.9 Chamber shall obtain any necessary Street Use Permits and pay the required fees. Police, Fire, and Public Works will meet with Chamber of Commerce officials to resolve any remaining or potential issues of traffic control and barricades prior to the event, but shall have no authority to waive the requirements of city ordinance or state law. 1.10 The Chamber shall be permitted to establish and operate five outdoor dining gardens within the City-Provided Site during the Event. These gardens shall not exceed 15 x 25 in dimension, and shall be fenced in a manner that clearly establishes and distinguishes their boundaries. Maximum capacity of the dining gardens shall be determined by the Edmonds Fire Marshall. Dining gardens shall provide tables, chairs and umbrellas for use by their diners. No alcohol shall be served or permitted in the dining gardens. Food and non-alcoholic drinks may be served in the dining gardens, but no food preparation shall be permitted therein. Dining gardens shall be sponsored by local restaurants, and shall be located near each sponsoring restaurant. Dining gardens shall open no earlier than 4AM and shall close no later than 5:00 p.m. during the Event. 1.11 All use and configuration of structures, booths and other temporary facilities used in the event shall be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. City Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 7:00 a.m., September 9, 2012, as the Parties shall agree and note all potential problems. Prior to the opening of the event, Chamber shall correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel such event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property shall appear. 1.12 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 2. Chamber Responsibilities In addition to the above and in consideration of the use of the facilities and services above described, Chamber agrees to the following: 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Chamber’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber’s insurance coverage shall be primary insurance. Any insurance, se lf-insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber’s insurance and Packet Page 98 of 203 4 shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.2 The Chamber agrees that the Classic Car Show is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City-Provided Site during the Classic Car Show to exercise therein their protected constitutional right to free speech without interference. 2.3 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.5 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.6 Chamber shall provide any and all security services necessary to reasonably secure the area and facilities provided, including the City-Provided Site. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in this Event. 2.7 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of this Event. 2.8 Chamber shall provide sufficient wash stations and approximately 12 sani-cans that may be placed on site the night preceding the Event. Garbage service, if necessary, shall be contracted and paid for by Chamber. Packet Page 99 of 203 5 2.9 Upon completion of the Event, Chamber shall make adequate provisions for the cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements shall be completed by 7:00 p.m. on that day. Cleanup of sidewalks shall be completed by 11:00 p.m. on that day. Cleanup areas include the City-Provided Site as described in Section 1 and all streets immediately surrounding the Event perimeter. A final inspection of the Event area shall be conducted by a designated City official to determine if all areas are clean and returned to their original condition. 2.10 Chamber shall pay City all permit fees for the above-mentioned facility use and services at least ten (10) days prior to the Event, and shall reimburse City for the actual costs of supplies or services furnished by City (excluding those agreed to in Section 1) within thirty (30) days of mailing of a final bill by the City, provided such supplies and services are approved and listed by all Parties to this Agreement in a signed addendum to this Agreement prior to the date which they purport to be required. 2.11 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Termination. The City shall have the right, in its sole and absolute discretion, to unilaterally terminate this Agreement should the same become necessary to protect public health, safety or welfare; in which case, the City shall provide written notice of the same to the Chamber. 3.4 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. Packet Page 100 of 203 6 DATED this ______ day of ________________, 2012. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: David O. Earling, Mayor Ron Clyborne, President ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 101 of 203    AM-4724     4. B.              City Council Meeting Meeting Date:04/10/2012 Time:15 Minutes   Submitted For:Jeff Taraday, City Attorney Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Planning/Parks/Public Works Committee Action:  Type: Action  Information Subject Title Update to Edmonds City Code Title 2 Recommendation from Mayor and Staff Review proposed revisions to Title 2 ECC, deliberate and propose revisions to the full Council to:  • eliminate or update outdated language • address ambiguities elsewhere in the code  • clarify the director confirmation process and • propose any other revisions that should be incorporated into this chapter of the ECC. Previous Council Action On March 6, 2012, the City Council requested that this matter be sent to committee for review and discussion. On March 13, 2012, the Planning, Parks and Public Works committee considered proposed revisions to chapter 2.10 ECC. The committee requested that the scope of the code update be extended beyond chapter 2.10 ECC. Narrative The attached revisions to Title 2 ECC are intended as a guide to discussion of possible revisions to this title.  During the recent confirmation of Rob Chave as acting Development Services Director, it became clear that chapter 2.10 did not adequately address the confirmation of acting directors and whether the City Council sought to confirm acting appointments. The attached revisions represent one possible approach to the confirmation of acting directors, but the City Council has the authority to require confirmation even of acting directors if it chooses to do so. The City Council did not give clear direction about the amendments it wanted to see in chapter 2.10 ECC.  Since the March 13, 2012 committee meeting, we have undertaken a broader review of Title 2 ECC. This work is still in progress. We are submitting the attached possible revisions to seek feedback on our work to date. We intend to continue work on this, incorporating any feedback that the committee might have, over the next month. Please note that the city attorney’s office has not yet had the opportunity to meet with the administration or the municipal court judge regarding the possible revisions to this title. We intend to seek feedback from the administration and the judge before this comes back to the city council (or a committee thereof) again. Packet Page 102 of 203 Please note also that several chapters of Title 2 should be revised in conjunction with the city’s revisions to its personnel policies. Those revisions have not yet been incorporated into this draft. Attachments Edmonds City Code Title 2 Form Review Inbox Reviewed By Date Mayor Dave Earling 04/06/2012 08:53 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Sandy Chase Started On: 04/05/2012 03:46 PM Final Approval Date: 04/06/2012  Packet Page 103 of 203 2-1 (Revised ) Title 2 CITY OFFICIALS AND PERSONNEL Chapters: Page 2.01 Mayor ....................................................................................................3 2.05 City Attorney ........................................................................................4 2.06 Indemnification of Employees and Officers ............................................................................................................5 2.10 Confirmation and Duties of City Officers ...........................................................................................................8 2.12 Fire Department ....................................................................................9 2.15 Municipal Court ..................................................................................10 2.20 Salary Payments ..................................................................................15 2.25 Payment of Claims, Demands and Vouchers ........................................................................................................16 2.30 Municipal Employees Benefit Plan 19 2.35 Vacation and Sick Leave ....................................................................19 2.36 Military Leave ..................................................................................24.2 2.37 Miscellaneous Leave and Break Provisions ...............................................................................................24.4 2.40 Oath and Bonds for of Officers ...........................................................25 2.50 Firemen’s Relief and Pension System 25 2.60 Reserve Fire Fighters’ Relief and Pensions Act ..................................................................................................26 2.70 Retirement System ..............................................................................27 2.80 Repealed ..............................................................................................28 2.90 Jail Facilities .......................................................................................29 2.95 Police Corps Program .........................................................................29 Packet Page 104 of 203 Edmonds City Code 2.01.0350 2- (Revised ) Chapter 2.01 MAYOR Sections: 2.01.010 Duties. 2.01.020 References to mayor’s administrative assistant. 2.01.030 Repealed. 2.01.040 Full-time position. 2.01.050 Salary. 2.01.010 Duties. The mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees, with authority to designate appoint assistants and department headsdirectors, PROVIDED THAT the appointment of director shall be subject to city council confirmation. The mayor shall see that all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision of the administration of city government and all city interest. [Ord. 2349 § 2, 1983]. 2.01.020 References to mayor’s administrative assistant. On and after January 1, 1984, the office of the mayor’s administrative assistant is hereby abolished. All references in ECC 2.01.030 to the mayor’s administrative assistant shall refer to the mayor or designee. [Ord. 2303, 1982]. 2.01.030 Term limitation. Repealed by Ord. 3223. [Ord. 2349 § 3, 1983]. 2.01.040 Full-time position. The mayor shall devote full time to execution of the duties of the office of mayor and shall not engage in any occupation or professional inconsistent with the full-time performance of the duties of mayor. [Ord. 2349 § 4, 1983]. 2.01.0350 Salary. The mayor shall receive a salary and benefits in such amount as the city council may from time to time establish by ordinance. [Ord. 2349 § 5, 1983]. Packet Page 105 of 203 2.05.010 (Revised ) 2- Chapter 2.05 CITY ATTORNEY Sections: 2.05.010 Legal counsel – Professional services contract. 2.05.020 Duties. 2.05.030 Compensation. 2.05.040 City prosecutor. 2.05.010 Legal counsel – Professional services contract. Legal counsel services for the city of Edmonds, Snohomish County, Washington pursuant to the provisions of RCW 35A.12.020 shall be provided through a professional services contract. The professional services contract shall be let on such basis as a majority of the Edmonds city council shall determine. The city council shall utilize the consultant selection process established by Chapter 2.80 ECC provided that the mayor shall participate with the city council consultant selection committee in the selection of up to three candidates for presentation to the city council for its final approval. A. By its contract, the city council shall approve appoint an individual or firm to be designated as city attorney. [Ord. 3000 § 1, 1994; Ord. 2996 § 1, 1994; Ord. 926 § 1, 1962]. 2.05.020 Duties. A. The city attorney shall advise the city authorities and officers on all legal matters pertaining to the business of the city and shall approve review all ordinances as to form and indicate whether such ordinances are approved as to form. He shall represent the city in all actions brought by or against the city or against city officials in their official capacities unless the city attorney’s contract with the city otherwise limits this scope or unless the city elects to contract with special counsel to represent the city in a particular matter. B. In addition to the duties prescribed by the laws of the state of Washington as herein- above set forth, the city attorney shall: 1. Attend all regular and special council meetings; provided, however, that the city attorney shall be required to attend work meetings of the council only at the request and direction of the council; 2. Draft or approve as to form all ordinances, leases, and conveyances, and such other instruments as may be required by the business of the city; 3. Attend all regular and work meetings of the planning advisory board of the city of Edmonds, as requested; 4. Attend all sessions of the Edmonds Municipal Court. [Ord. 2430, 1984; Ord. 1107, 1965; Ord. 926 § 2, 1962]. Packet Page 106 of 203 2.05.030 2-4 2.05.030 Compensation. The city attorney shall be paid for services rendered in accordance with an annual autho- rization for services as contained in the city council’s budget. Such authorization shall pro- vide for hourly fees and expenses. The city council may in its discretion contract for the services of more than one firm or individual to provide different legal services to the city and the mayor and city council may assign the duties set forth in the preceding section accordingly. [Ord. 2967 § 1, 1994; Ord. 2319 § 1, 1982]. 2.05.040 City prosecutor. By separate professional services contract, the city council shall appoint an individual or firm to be designated as the city prosecutor. The city prosecutor shall prosecute criminal violations of the city’s code. Formatted: Font: Not Bold Formatted: Left, Indent: First line: 0.25" Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Packet Page 107 of 203 Edmonds City Code 2.06.010 2-5 Chapter 2.06 INDEMNIFICATION OF EMPLOYEES AND OFFICERS Sections: 2.06.000 Definitions. 2.06.010 Legal representation. 2.06.020 Exclusions. 2.06.030 Determination of exclusion. 2.06.040 Representation and payment of claims – Conditions. 2.06.050 Effect of compliance with conditions. 2.06.060 Failure to comply with conditions. 2.06.070 Reimbursement of incurred expenses. 2.06.080 Conflict with provisions of insurance policies. 2.06.090 Pending claims. 2.06.000 Definitions. Unless the context indicates otherwise, the words and phrases used in this chapter shall have the following meanings: A. “Official” means any person who is serving or has served as an elected city official, and any person who is serving or has served as an appointed member of any city board, commission, committee or other appointed position with the city. B. “Employee” means any person who is or has been employed by the city. [Ord. 2535, 1985]. 2.06.010 Legal representation. A. As a condition of service or employment the city shall provide to an official or employee, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representations as may be reasonably necessary to defend a claim or law suit filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the city in their capacity as a city official or employee, which act or omission is within the scope of their service or employ- ment with the city. This chapter is subject to repeal or modification at the sole discretion of the city council. B. The legal services shall be provided by the office of the city attorney unless: 1. Any provision of an applicable policy of insurance provides otherwise; or 2. A conflict of interest or ethical bar exists with respect to said representation; or; 3. The city council retains special counsel to handle the matter. C. In the event that outside counsel is retained under subsection (B)(2) or (B)(3) above, the city shall indemnify the employee from the reasonable costs of defense provided that in no event shall the officer or employee be indemnified for attorneys’ fees in excess of the hourly rates established by the city’s contract with its city attorney. If the city attorney is compensated on a flat fee basis and does not establish hourly rates, the rate to be applied for Formatted: Indent: First line: 0.15" Packet Page 108 of 203 2.06.020 2-6 the purposes of this subsection shall be $250 per hour. The officer or employee shall be liable for all hourly charges in excess of said rate. [Ord. 2535, 1985]. 2.06.020 Exclusions. A. In no event shall protection be offered under this chapter by the city to: 1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or employee; 2. Any act or course of conduct of an official or employee which is not performed on behalf of the city; 3. Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the city; and/or 4. Any lawsuit brought against an official or employee by or on behalf of the city. Nothing herein shall be construed to waive or impair the right of the city council to institute suit or counterclaim against any official or employee nor to limit its the city’s ability to discipline or terminate an employee. B. The provisions of this chapter shall have no force or effect with respect to any accident, occurrence or circumstance for which the city or the official or employee is insured against loss or damages under the terms of any valid insurance policy; provided, that this chapter shall provide protection, subject to its terms and limitations, above any loss limit of such policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The city shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this chapter. [Ord. 2535, 1985]. 2.06.030 Determination of exclusion. The determination of whether an official or employee shall be afforded a defense by the city under the terms of this chapter shall be finally determined by the city council on the recommendation of the mayor. The decision of the city council shall be final as a legislative determination of the council. Nothing herein shall preclude the city from undertaking an officer or employee’s defense under a reservation of rights. [Ord. 2535, 1985]. 2.06.040 Representation and payment of claims – Conditions. The provisions of this chapter shall apply only when the following conditions are met: A. In the event of any incident or course of conduct potentially giving rise to a claim for damage, or the commencement of a suit, the official or employee involved shall, as soon as practicable, give the city attorney written notice thereof, identifying the official or employee involved, all information known to the official or employee involved, all information known to official or employee with respect to the date, time, place and circumstances surrounding the incident or conduct giving rise to the claim or law suit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses. B. Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the Comment [JT1]: I am proposing this amount because this is what I currently charge my hourly municipal clients, so it would seem to be consistent with the intent of the section. Packet Page 109 of 203 Edmonds City Code 2.06.060 2-7 city attorney, and shall cooperate with the city attorney, or an attorney designated by the city attorney, and, upon request, assist in making settlement of any suit and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from said incident or course of conduct, including but not limited to rights of recovery for costs and attorneys’ fees arising out of state or federal statute upon a determination that the suit brought is frivolous in nature. C. Such official or employee shall attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining attendance of witnesses all with- out any additional compensation to the official or employee and, in the event that an employee has left the employ of the city, no fee or compensation shall be provided. D. Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to said claim or suit, other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss, or damage. [Ord. 2535, 1985]. 2.06.050 Effect of compliance with conditions. If legal representation of an official or employee is undertaken by the city attorney, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement made, the city shall pay such judgment or settlement; provided, that the city may, at its discretion appeal as necessary such judgment. [Ord. 2535, 1985]. 2.06.060 Failure to comply with conditions. In the event that any official or employee fails or refuses to comply with any of the con- ditions of ECC 2.06.040, or elects to provide his/her own representation with respect to any such claim or litigation, then all of the provisions of this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation. [Ord. 2535, 1985]. Packet Page 110 of 203 Edmonds City Code 2.06.090 2- (Revised ) 2.06.070 Reimbursement of incurred expenses. A. If the city determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the city shall pay any judgment rendered against the official or employee and reasonable attorneys’ fees incurred in defending against the claim. The city shall pay any attorneys’ fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter. B. If the city determines that a claim against a city official or employee does come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the city shall be reimbursed for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter. [Ord. 2535, 1985]. 2.06.080 Conflict with provisions of insurance policies. Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance where any city official or employee thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this chapter, it being the intent of this chapter and section to provide the coverage detailed in this chapter outside and beyond insurance policies which may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. [Ord. 2535, 1985]. 2.06.090 Pending claims. The provisions of this chapter shall apply to any pending claim or lawsuit against an offi- cial or employee, or any such claim or law suit hereafter filed, irrespective of the date of the events or circumstances which are the basis of such claim or law suit. [Ord. 2535, 1985]. Packet Page 111 of 203 2.10.010 (Revised ) 2- Chapter 2.10 CONFIRMATION AND DUTIES OF CITY OFFICERS Sections: 2.10.010 Confirmation process. 2.10.020 Assignment of duties. 2.10.030 Police chief. 2.10.040 Repealed. 2.10.050 References to director of community development. 2.10.060 Executive council assistant. Xac5104592.10.070 Mayor’s executive assistant. 2.10.010 Confirmation process. A. Whenever a vacancy occurs in one of the positions listed in this section, the city council will may review the specifications of that position and revise it as needed before the vacancy is filledacting to confirm a permanent appointment. Nothing in this subsection shall be construed to prevent the city council from reviewing such specifications at other times, but doing so will not have any effect on previously confirmed permanent appointments. B. The mayor or his/her designee will review all applications and determine the persons with the highest qualifications. Any city council member, upon request to the mayor, may review the applications received for the vacant position. C. The mayor shall appoint, subject to city council confirmation, the positions of judge and hearing examiner. The hearing examiner may be removed from his/her position for cause, as determined by the mayor. The judge may be removed from his/her office for cause, as specified in RCW 3.50.095. D. The mayor shall appoint, subject to council confirmation, the department director positions. The city shall have the following department director positions: of police chief, fire chief, community services director, administrative servicesfinance director, development services director, parks and recreation director, and public works director, and human resources director. The city council shall interview the top three candidates for each position prior to the mayor’s final selection, PROVIDED that the city council may waive the three-interview requirement by motion and may opt to interview as few as one candidate for the vacant position. The mayor’s appointments to all other employee positions shall not be subject to city council confirmation. [Ord. 3279 § 1, 1999]. E. Notwithstanding the provisions of this chapter, the mayor shall have the authority to appoint, without city council confirmation, an acting director to any of the positions set forth in subsection D, above, PROVIDED that any such acting directorship shall expire and be deemed vacant ___ days after the date of the appointment. The city council shall be given written notice about any such acting appointments including the effective date of the appointment. Formatted: Default Paragraph Font, Font: 12 pt Packet Page 112 of 203 2.10.020 2-10 2.10.020 Assignment of duties. The city council shall define the functions, powers and duties of its directors and employees. The mayor shall direct, supervise, and be in charge of all directors and employees in the performance of their functions, powers, and duties. Ddepartment directors shall be responsible for carrying out all directives as assigned by the mayor, including, but not limited to, planning and directing the activities and staff in their assigned department, supervising and evaluating the work processes and assigned staff, controlling the financial integrity of the assigned budget, and insuring the delivery of quality public services. All department directors shall serve at the pleasure of the mayor. [Ord. 3279 § 1, 1999]. 2.10.030 Police chief. Pursuant to the authority of RCW 41.12.050(2), the position of police chief has been removed exempted from civil service. The police chief shall be appointed by the mayor subject to confirmation by majority vote of the city council. [Ord. 3279 § 1, 1999]. 2.10.040 Fire chief. Repealed by Ord. 3762. [Ord. 3279 § 1, 1999].[reserved] 2.10.050 References to director of community development. Wherever references are made in the Edmonds City Code or any ordinance of the city to the director of community development director, said reference shall hereafter be construed to mean the development services department director or designee. [Ord. 3279 § 1, 1999].Wherever references are made in the Edmonds City Code or any ordinance of the city to the administrative services director, said reference shall hereafter be construed to mean the finance director or designee. 2.10.060 Executive council assistant to council. The executive council assistant to council shall be a contract employee hired on an annual basis by the city council. The terms and conditions of employment for the executive council assistant to council as well as all benefits shall be governed by the provisions of the contract. Depending on the experience level of the particular person serving in this role, the prefix of “senior” may be added to the title. The contract shall provide for the delegation by the mayor of the direction of this individual to the city council president. In the event that the mayor elects in his or her discretion not to delegate that function, the city council reserves the right to immediately eliminate the position. [Ord. 3279 § 1, 1999]. Packet Page 113 of 203 Edmonds City Code 2.10.070 2- (Revised ) 2.10.070 Mayor’s executive assistant. The position of mayor’s executive assistant shall be an at-will position with the executive assistant serving at the pleasure of the mayor. The salary for the position is established by the annual salary ordinance. The terms and conditions of employment as well as job duties being set forth in a job description developed by the mayor with the concurrence of the city council. [Ord. 3279 § 1, 1999]. Packet Page 114 of 203 2.12.010 2-12 Chapter 2.12 FIRE DEPARTMENT Sections: 2.12.010 Fire service. 2.12.020 Pre-existing rights and obligations not impaired. 2.12.010 Fire service. Fire service is provided to the citizens of the city of Edmonds by and through a contract with Snohomish County Fire District No. 1. Whenever any reference is made in the provi- sions of the Edmonds City Code or Edmonds Community Development Code to “fire chief,” “fire marshal,” “fire department” or any other reference to a fire fighter or fire ser- vices, such term shall includebe construed, for the provision of administrative or other day to day fire services, to reference the fire chief, fire marshal and fire fighting services performed for the city by contract by Snohomish County Fire District No. 1. A. The officials of the Snohomish County Fire District No. 1 when performing services by contract to the citizens of the city of Edmonds and to the city in its corporate capacity shall exercise any and all rights, duties, obligations and responsibilities in accordance with the provisions of this code to the same extent and in the same manner as if performed by an employees of the city. B. Employees of the Snohomish County Fire District No. 1 (“district”) shall not be enti- tled to any wage, or benefit, or indemnification provisions of this code, including but not limited to Chapters 2.06 and 2.35 ECC. The Edmonds civil service system shall remain in effect but no employee of the district shall have recourse to the civil service commission following the termination date of fire department employees by the city. [Ord. 3762 § 2, 2009]. Packet Page 115 of 203 2.12.020 (Revised ) 2- 2.12.020 Pre-existing rights and obligations not impaired. The city council’s determination to contract or not contract for fire services with Snohomish County Fire District No. 1 and the provisions of this chapter shall not impair any existing vested right or vested obligation created under the provisions of state law or under Chapter 2.50 ECC, Firemen’s Relief and Pension System, Chapter 2.60 ECC, Reserve Fire Fighters’ Relief and Pensions Act, Chapter 2.70 ECC, Retirement System, and Chapter 10.30 ECC, Disability Board, as well as the MEBT plan of the city. The rights of any person under such system vested prior to the transfer of fire service responsibility by contract shall remain in full force and effect and are not impaired by either such or the adoption of this chapter. [Ord. 3762 § 2, 2009]. Packet Page 116 of 203 2.15.010 2-14 Chapter 2.15 MUNICIPAL COURT Sections: 2.15.010 Court established. 2.15.020 Jurisdiction. 2.15.030 Judges – Appointment – Qualifications. 2.15.040 Salaries and costs. 2.15.050 Municipal court employees. 2.15.060 Judges pro tem. 2.15.070 Judicial vacancy. 2.15.080 Municipal court hours. 2.15.120 Deferral and suspension of sentences. 2.15.140 Complaints. 2.15.160 Pleadings, practice and procedure. 2.15.180 Case transfers. 2.15.200 Court seal. 2.15.210 Removal of judge. 2.15.220 Civil jury trials. 2.15.240 Criminal process. 2.15.260 Revenue – Disposition. 2.15.010 Court established. There is hereby established a municipal court entitled “The Municipal Court of the city of Edmonds,” hereinafter referred to as “municipal court,” which court shall have jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. [Ord. 2538 § 2, 1985]. 2.15.020 Jurisdiction. The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city of Edmonds. The municipal court shall have orig- inal jurisdiction of all other actions brought to enforce or recover license penalties or forfei- tures declared or given by such ordinances or by state statutes. The municipal court shall also have the jurisdiction as conferred by statute. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic and other infractions, arising under such ordinances and to pronounce judgment in accordance therewith. [Ord. 2538 § 2, 1985]. Packet Page 117 of 203 Edmonds City Code 2.15.040 2- (Revised ) 2.15.030 Judges – Appointment – Qualifications. A. The municipal judge shall be appointed by the mayor for a term of four years, subject to the confirmation by the city council. The first judicial appointment to the position of mayor was effective on January 1, 1986, and the municipal judge shall serve a four-year term commencing upon the date of his or her appointment. The mayor shall endeavor to make his or her appointment 30 days prior to the expiration of each judicial term; provided, however, that if the city council fails to confirm a mayoral appointment, the mayor and city council shall have 60 days commencing upon either the expiration of the pending judicial term or the failure of the city council to confirm the mayoral appointment, whichever shall later occur. In the event that for any reason the mayoral appointment is not confirmed, the incumbent municipal judge shall hold over and continue in office until such time as a suc- cessor is appointed.[reserved] B. The position of municipal court judge shall be filled by election for the term commencing on January 1, 2010, and every four years thereafter. The municipal court judge shall be elected in the same manner as other elective city officials are elected to office. The term of the municipal judge shall be for four years. The mayor shall not appoint a municipal judge pursuant to subsection A of this section for a term beyond December 31, 2009. Nothing in this section shall limit the mayor’s authority to fill the position of municipal judge pursuant to ECC 2.15.070 or 2.15.210. C. A person elected or appointed asThe municipal court judge shall must be a citizen of the United States of America and of the state of Washington and a resident of Snohomish County; and an active an attorney admitted to practice law before the courts of record of the state of Washingtonmember in good standing of the Washington State Bar Association. [Ord. 3579 §§ 1, 2, 2006; Ord. 3170 § 1, 1997; Ord. 2538 § 2, 1985]. 2.15.040 Salaries and costs. The salary of the municipal court judge shall be fixed by ordinance. All costs of operating the municipal court; including but not limited to salaries of judges and court employees, Packet Page 118 of 203 (Revised ) 2- Packet Page 119 of 203 Edmonds City Code 2.15.040 2-17 This page left intentionally blank. Packet Page 120 of 203 Edmonds City Code 2.15.120 2- (Revised ) dockets, books of records, forms, furnishings and supplies, shall be paid wholly out of the funds of the city. The city shall provide a suitable place for holding court and pay all ex- penses of maintaining it. [Ord. 2538 § 2, 1985]. 2.15.050 Municipal court employees. All employees of the municipal court shall, for all purposes, be deemed employees of the city of Edmonds. They shall be appointed by and serve at the pleasure of the municipal court judge. [Ord. 2538 § 2, 1985]. 2.15.060 Judges pro tem. The municipal court judge may designate one or more persons as judges pro tempore to serve in the absence or disability of the duly appointed judge of the court, subsequent to the filing of an affidavit of prejudice, or in addition to the appointed judge when the adminis- tration of justice and accomplishment of the work of the court make it necessary. Qualifica- tions of the judges pro tempore shall be the same as for judges appointed elected pursuant to ECC 2.15.030. Judges pro tempore shall have all the powers of the duly appointed elected judge when serving as judges pro tempore of the court. Before entering on his or her duties, each judge pro tempore shall take, subscribe and file an oath as is taken by the duly appointed elected judge. Judges pro tempore shall receive such compensation as shall be fixed by ordinance. [Ord. 3384 § 1, 2001; Ord. 3170 § 2, 1997; Ord. 2538 § 2, 1985]. 2.15.070 Judicial vacancy. Any vacancy in the position of municipal court judge due to a death, disability, or resignation, removal pursuant to ECC 2.15.210, or disability that prevents the municipal court judge from serving on the bench for longer than ___ days of a municipal court judge shall be filled by the mayoral appointment for the remainder of the unexpired term. The appointment shall be subject to confirmation of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court judge as provided in this chapter. [Ord. 2538 § 2, 1985]. 2.15.080 Municipal court hours. The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the municipal court judge; provided, that the municipal court shall not be open on nonjudicial days. [Ord. 2538 § 2, 1985]. 2.15.120 Deferral and suspension of sentences. Unless otherwise provided by state law, the court shall have the following sentencing authority: A. After a conviction, the court may defer sentencing and place the defendant on proba- tion and prescribe the conditions thereof, but in no case shall it extend for more than two years from the date of conviction. During the time of the deferral, the court may, for good Packet Page 121 of 203 Edmonds City Code 2.15.120 2-19 cause shown, permit a defendant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges. B. For a period not to exceed two years after imposition of sentence, the court shall have continuing jurisdiction and authority to suspend the execution of all or any part of the sentence upon stated terms, including installment payment of fines. C. Deferral of sentence and suspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspension. Upon the revocation of the deferral or suspension, the court shall impose the sentence previ- ously suspended or any unexecuted portion thereof. In no case shall the court impose a sen- tence greater than the original sentence, with credit given for time served and money paid on fine and costs. D. Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held. [Ord. 2538 § 2, 1985]. Packet Page 122 of 203 2.15.140 (Revised ) 2- 2.15.140 Complaints. All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person. [Ord. 2538 § 2, 1985]. 2.15.160 Pleadings, practice and procedure. Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts. [Ord. 2538 § 2, 1985]. 2.15.180 Case transfers. A transfer of a case from the municipal court to either another municipal judge of the same city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings. [Ord. 2538 § 2, 1985]. 2.15.200 Court seal. The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of The Municipal Court of Edmonds, State of Washington,” surround- ing the vignette. [Ord. 2538 § 2, 1985]. 2.15.210 Removal of judge. A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of per- forming the duties of the office. Any vacancy in the municipal court due to death, disability or resignation of the municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this ordinance and Chapter 3.50 RCW. [Ord. 2538 § 2, 1985]. 2.15.220 Civil jury trials. In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court; provided, that no jury trial may be held on a proceeding involving a traffic infraction or other infraction. A party requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. If more than one party requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror shall receive $10___.00 for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060. [Ord. 2538 § 2, 1985]. Comment [JT2]: Confirm citation Comment [JT3]: The jury fee amount is more than 25 years old and should probably be updated. Comment [JT4]: Confirm citation Packet Page 123 of 203 Edmonds City Code 2.15.260 2-21 2.15.240 Criminal process. All criminal process issued by the municipal court shall be in the name of the state of Washington and run throughout the state, and be directed to and served by the chief of police chief, marshal, or other police officer of any city or to a sheriff in the state. [Ord. 2538 § 2, 1985]. 2.15.260 Revenue – Disposition. A. Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, except those costs awarded to prevailing parties under RCW 4.84.010 and RCW 36.18.040 or other similar statutes, fines, forfeitures and other money imposed by any municipal court for the violation of any municipal or town ordinances shall be collected by the court clerk and, together with any other revenues received by the clerk, shall be depos- ited with the city or town treasurer as a part of the general fund of the city or town, or deposited in such other fund of the city or town, or deposited in such other funds as may be designated by the laws of the state of Washington. Comment [JT5]: confirm Comment [JT6]: confirm Packet Page 124 of 203 Edmonds City Code 2.15.260 2- (Revised ) B. The city treasurerfinance director shall remit the state imposed monthly 32 percentage of the money received under this section, other than for parking infractions, to the state treasurer in the manner required by law. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250. C. The balance of the money received under this section shall be retained by the city and deposited as provided by law. [Ord. 2538 § 2, 1985]. Comment [JT7]: confirm Packet Page 125 of 203 (Revised ) 2- Packet Page 126 of 203 2-24 This page left intentionally blank. Packet Page 127 of 203 Edmonds City Code 2.20.020 2- (Revised ) Chapter 2.20 SALARY PAYMENTS Sections: 2.20.010 Bimonthly payments authorized. 2.20.020 Application of personnel policies to exempt employees. 2.20.010 Bimonthly payments authorized. The city clerk is directed to pay the salaries of officials and employees of the city of Edmonds on the fifth and the twentieth day of each month unless such employee is paid once a month, in which case he shall be paid on the fifth day of each month. [Ord. 1440 § 2, 1969]. 2.20.020 Application of personnel policies to exempt employees. Employees of the city whose duties enable them to be classified as exempt employees under the terms of the federal Fair Labor Standards Act are salaried employees. Regardless of which exemption an employee qualifies for, the provisions of these ordinances and personnel policies shall always be interpreted to ensure that the salaried status of the employee is honored. In the event of any apparent conflict between the provisions of these ordinances or the city’s personnel manual, the requirements of the federal Fair Labor Standards Act or the provisions of federal regulation enacted to implement them, such regulations and federal requirements shall control. By way of illustration and not limitation, such ordinances and personnel policies shall be applied to salaried and exempt employees to ensure that: A. The salaries of such employees shall not be reduced in the event of absences of less than one day. Accrued accumulated sick, compensatory, vacation and other leave banks may be debited to the extent accrued and as permitted by federal statute and regulation. B. The compensatory time program instituted in accordance with the provisions of per- sonnel policy and administrative practice are intended as an additional benefit to the employee. It permits the employee flexible use of accrued time off in a manner consistent with their status as public servants. The city understands and acknowledges that an exempt employee is responsible for the performance of his/her duties and that such employee is ulti- mately answerable to the mayor as the chief administrative officer of the city for the appro- priate performance of duties, regardless of the length of time necessary to perform such duties. The city’s compensatory program has been implemented in order to better account for such exempt employees’ time to the public and to ensure that time off accrued as compensation for attendance at night meetings and other time consuming exercise of public duties which occur outside of normal working hours may be compensated for by blocks of time off at a later date in the nature of a holiday or vacation rather than time off taken in absences of less than a day, which may not have the utility for the exempt employee nor benefit all parties by providing a usable, scheduled block of time off at a time convenient both to the employee and to the city. Packet Page 128 of 203 2.20.020 2-26 C. The disciplinary policies of the city shall not be interpreted to permit the use of a sus- pension without pay as a method of discipline for an exempt employee except for violations of safety rules of major significance. In determining whether a violation of a safety rule of major significance has occurred, the city’s personnel manager and mayor are directed to federal statutory and case law and the regulations established by the Department of Labor to implement the Fair Labor Standards Act. [Ord. 2993, 1994]. Packet Page 129 of 203 2.25.010 (Revised ) 2- Chapter 2.25 PAYMENT OF CLAIMS, DEMANDS AND VOUCHERS Sections: 2.25.010 City auditing officer. 2.25.020 Preparation of list of claims, demands and vouchers. 2.25.030 Payment of claims, demands and vouchers. 2.25.040 Claims, demands and vouchers presented by officers and employees. 2.25.050 Travel authorization and expense reimbursement policies. 2.25.060 Compliance with state law for damage claims. 2.25.010 City auditing officer. The administrative services director shall serve as the city auditing officer and shall act as auditor for the city for all claims, demands and vouchers presented to the city council for approval, except those claims, demands or vouchers submitted pursuant to ECC 2.25.040. Such claims, demands and vouchers shall be prepared for audit and payment on a form pro- viding for the authentication and certification by the auditing officer that the materials have been furnished, the services rendered or the labor performed as described, and the claim, demand or voucher is a just, true and unpaid obligation against the city. [Ord. 2873 § 1, 1992]. 2.25.020 Preparation of list of claims, demands and vouchers. The accounting manager shall prepare a list of all claims, demands and vouchers presented to the city and to be examined by the auditing officer. [Ord. 2873 § 1, 1992]. 2.25.030 Payment of claims, demands and vouchers. No claim, demand or voucher may be paid until approved by the city council unless the following conditions are met: A. The mayor and the auditing officer who are designated to sign the checks or warrants shall each be furnished an official bond for the faithful discharge of his or her duties in an amount determined by the city council, but not less than $50,000; B. The city council has adopted contracting, hiring, purchasing and disbursing policies that implement effective internal control; C. The council president shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or war- rants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting; and D. The city council shall require that if, upon review, it disapproves a claim, demand or voucher, the auditing officer and the officer designated to sign the checks or warrants shall Packet Page 130 of 203 2.25.030 2-28 jointly cause the disapproved claim, demand or voucher to be recognized as a receivable of the city and shall pursue collection diligently until the amounts disapproved are collected or until the city council is satisfied and approves the claim, demand or voucher. Notwithstanding the fact that all of the above conditions are met, the city council may stipulate that certain kinds or amounts of claims, demands or vouchers shall not be paid before the city council has reviewed the supporting documentation and approved the issue of checks or warrants in payment of those claims, demands or vouchers. [Ord. 2896 § 1, 1992; Ord. 2873 § 1, 1992]. Packet Page 131 of 203 Edmonds City Code 2.25.050 2- (Revised ) 2.25.040 Claims, demands and vouchers presented by officers and employees. Certificates as to claims, demands and vouchers of officers and employees of the city for services rendered shall be made by the person charged with the duty of preparing and sub- mitting vouchers for the payment of services, and that person shall certify that the claim, demand or voucher is just, true and unpaid, which certificate shall be part of the voucher. [Ord. 2873 § 1, 1992]. 2.25.050 Travel authorization and expense reimbursement policies. A. Policy. It is the city’s policy to provide payment for the reasonable accommodation of travel required to conduct city business by city officials and employees. B. Applicability. This section and the policies contained herein shall be applicable to all elected officials, members of boards and commissions and city employees unless otherwise specifically exempted. C. Authorization for Travel. All requests for travel or training shall be submitted and approved on an authorization to attend/travel form prior to the person’s departure date. 1. All anticipated costs should be listed on the form, whether the costs are known or reasonably estimated. 2. The mayor is authorized to approve all employee’s requests which are included within the city’s annual budget. D. Travel and Training Request – City Council Approval. City council approval must be obtained of all travel and training requests for members of the city council and members of city boards and commissions. E. Accommodations. Accommodations, such as transportation, lodging and conference registration shall normally be arranged in advance by designated staff member and billed directly to the city. Accommodations shall be made at the lowest reasonable rate available, such as coach fare for air transportation, use of special discounts and single occupancy gov- ernment rates for lodging. Air travel should be used when other reasonable methods of transport are not otherwise available and time schedules require the additional expense. F. Advance Payment of Expenses. Pursuant to ECC 3.04.040, advance payment of autho- rized expenses in excess of $100.00, as listed on the authorization to attend/travel form, will be provided upon request. Request for an advance payment must be made at least one week prior to the departure date. G. Reimbursement of Travel Expenses. 1. Travel expenses by city officials and employees shall be paid by the city in accor- dance with the rate schedule listed below. Expense vouchers must be submitted for payment within 10 days following the individual’s return. Expense receipts and/or credit card receipts must be submitted for city payment. If a receipt has been lost or stolen, the employee should submit a written statement to the administrative services director explaining the circumstances of the missing receipt. Reimbursements based on this process may be issued. Reimbursement for any expenses which exceed the limits set forth in this policy shall require approval of the city council. Transportation: Air travel – Coach rate Packet Page 132 of 203 2.25.050 2-30 Private car – Current IRS rate Rental car – Requires prior approval Lodging: Regular lodging – Government/commercial rate Conferences – Conference facility rate Meals: Actual reasonable cost of meals, subject to review by department head and/or mayor Communications: Telephone – One personal call per day kept to a reasonable amount Packet Page 133 of 203 2.25.060 (Revised ) 2- 2. The transportation allowance shall be based upon the direct route round trip costs. Other allowable costs shall include ferry tolls and off-street parking. Taxis may be used if they are the most reasonable means of transportation available. H. Nonallowable Expenses. Expenses not approved for reimbursement include, but are not limited to, alcoholic beverages, expenses for family or guests, entertainment, travel costs paid by another organization, mileage (if traveling as a passenger in a nonowned car), limousine services and personal travel insurance. Only the normal, reasonable and actual expenses will be reimbursed. Public officials and employees utilize public funds for their expenses and are admonished and requested to limit expenditures to those reasonably neces- sary to provide safe, clean and convenient lodging and healthy meals in settings appropriate to the public mission with which they have been entrusted. I. Use of Private Cars. Private cars should be used by city officials and employees when- ever a city vehicle is not available and/or the time the official or employee will be absent exceeds two or more days. Drivers must have a valid operator’s license, and the car must be insured to the state’s minimum liability standards. The mayor, members of the city council, boards and commissions shall not be reimbursed for mileage expenses incurred within the city limits of Edmonds. City employees will be reimbursed for mileage when using a private vehicle within the city limits when such use is in furtherance of city business. The city’s mileage reimbursement rate is intended to cover the cost of fuel, maintenance and insurance costs. Persons using a private vehicle and seeking reimbursement for mileage must maintain a valid driver’s license and individual auto insurance, including public liabil- ity, bodily injury and property damage, which insurance shall be deemed to be primary as to any other insurance available to the city. If a private vehicle is used in lieu of air transporta- tion, the total amount of reimbursement shall not exceed the cost of air fare as established in subsection H of this section. [Ord. 3512 § 1, 2004; Ord. 3214 § 1, 1998; Ord. 2953 § 1, 1993; Ord. 2893 § 1, 1992; Ord. 2873 § 1, 1992]. 2.25.060 Compliance with state law for damage claims. Claims or demands for damages to persons or property shall be presented to the city in accordance with the provisions of Chapter 35A.31 RCW. [Ord. 2873 § 1, 1992]. Packet Page 134 of 203 Edmonds City Code 2.30.020 2- (Revised ) Chapter 2.30 MUNICIPAL EMPLOYEES BENEFIT PLAN Sections: 2.30.010 Employee benefit plan authorized. 2.30.020 Plan mandatory. 2.30.010 Employee benefit plan authorized. There is established for qualified city employees a benefit plan to be provided by the city in lieu of coverage under the Federal Old Age Survivors Disability and Health Insurance Act. The benefit plan shall be as set forth in that certain document entitled, “City of Edmonds Employees Benefit Plan,” prepared by Howard Johnson and Company, three cop- ies of which are and have been on file in the office of the city clerk for use and examination by the public. [Ord. 1922 § 2, 1977; Ord. 615 § 1, 1951]. 2.30.020 Plan mandatory. The terms of the plan shall be mandatory for all present and future qualified city employees. [Ord. 1922 § 3, 1977; Ord. 615 § 2, 1951]. Packet Page 135 of 203 Edmonds City Code 2.35.010 2-33 Chapter 2.35 VACATION AND SICK LEAVE Sections: 2.35.010 Definitions. 2.35.020 Holidays. 2.35.030 Vacations. 2.35.040 Compensating time. 2.35.045 Shared leave. 2.35.050 Emergency service. 2.35.060 Sick leave. 2.35.070 Transfer of position. 2.35.080 Extenuating circumstances. 2.35.090 Conflict. 2.35.010 Definitions. A. “Compensating time” is that period of time that an employee may have away service of the city due to service in excess of regular hours. B. “Continuous service” is continuous service of an employee of the city and shall con- tinue until resignation or involuntary dismissal. Military leave of not to exceed 30 days in any one calendar year, absence because of military service in time of war, and permitted sick leave shall not constitute an interruption of continuous service. C. “Contract employee” is an employee whose terms and conditions of employment are determined by an annual contract with the city. Contract employees shall include but are not limited to the council resource person; provided, however, that no person shall be deemed a contract employee without the express authorization of the city council. The provisions of the contract shall govern and control and no provision of any collective bargaining agree- ment or this chapter shall be applicable to the position unless specifically referenced in the contract and the city ordinance. The employee shall receive only those benefits provided by the contract or specifically required pursuant to state or federal law. D. “Day” means a standard eight-hour work day. The vacation, sick leave and other accruals referenced in this chapter shall be converted to a total of hours earned, based upon each day of accrual equaling eight hours of accrual. Packet Page 136 of 203 (Revised ) 2- E. “Employee” means those persons employed in the service of the city on a full-time basis and who are remunerated pursuant to the annual salary ordinance, other than those persons for whom the city has recognized a sole collective bargaining agent. F. “Service” is being present for and/or performing the duty to which an employee of the city has been assigned. G. “Spouse” shall mean an individual who is married to a city employee under the laws of the state of Washington, or who is in a domestic partnership which has been registered with the state of Washington in accord with the provisions of Chapter 43.07 RCW. [Ord. 3675 § 1, 2007; Ord. 3547 § 1, 2005; Ord. 2870 § 2, 1992]. 2.35.020 Holidays. A. Each employee shall be entitled to one day away from service for each of the follow- ing holidays: January 1st (New Year’s Day); Third Monday of January (Martin Luther King, Jr. Day); Third Monday of February (President’s Day); Last Monday of May (Memorial Day); July 4th (Anniversary of Declaration of Independence); First Monday of September (Labor Day); November 11th (Veteran’s Day); Fourth Thursday of November (Thanksgiving Day); Day immediately following Thanksgiving Day; December 24th and 25th (Christmas Eve and Christmas Day); B. Each employee who, because of the nature of his/her service, serves on a holiday, shall be compensated in accordance with the following provisions: 1. Employees classified as nonexempt shall, at his/her option, be compensated for work on that holiday either by payment for such work at the overtime rate of pay or, may, at his/her election receive an equivalent amount of compensatory time off at a date convenient to the city. Such day away from service shall be set at a date mutually agreed upon, but shall be set within 12 months of the holiday served. Such rate of pay shall not be pyramided in the event that any hours worked are subject to the overtime provisions of the Fair Labor Standards Act. 2. Exempt employees shall be permitted one full day away from service with full pay on a day which he/she would otherwise have served. Such day off shall be scheduled at a date mutually agreed upon within 12 months of the holiday served. C. No employee shall be called to work on any holiday for less than a full day of work. When any of the aforementioned holidays falls on a Sunday, the Monday following shall be considered the holiday. If the holiday occurs during an employee’s vacation, he/she shall receive the holiday pay in addition to his/her vacation pay. D. Nothing in this section shall be construed to have the effect of adding or deleting the number of paid holidays provided for in any existing agreement between the city and any group or groups of employees of the city. If any of the legal holidays set forth in this section are also federal legal holidays but observed on different dates, only the holiday occurring on the date specified shall be recog- nized as a paid legal holiday. In no case shall both be recognized as paid legal holidays for Packet Page 137 of 203 Edmonds City Code 2.35.020 2-35 employees. [Ord. 3404 § 1, 2002; Ord. 2821 § 1, 1991; Ord. 2571 § 1, 1986; Ord. 1862 § 1, 1976; Ord. 1422, 1969; Ord. 1168 § 2, 1966]. Packet Page 138 of 203 Edmonds City Code 2.35.030 2- (Revised ) 2.35.030 Vacations. A. Regular employees shall accrue the following amount of vacation leave with pay based on the length of continuous service, as that term is defined in the personnel policies: 1. Nonexempt, represented employees shall receive vacation leave in accordance with the applicable collective bargaining agreement; Packet Page 139 of 203 2.35.030 (Revised ) 2- Packet Page 140 of 203 2.35.030 2-38 This page left intentionally blank. Packet Page 141 of 203 Edmonds City Code 2.35.030 2- (Revised ) 2. Nonexempt and exempt nonrepresented employees below the level of supervisor shall accrue annual vacation in accordance with the following schedule: Years of Employment Days of Vacation After the first 6 months of continuous employment 6 days of credit Second 6 months of continuous employment 5 days additional 2 years through 5 years 11 days per year 6 years through 11 years 16 days per year 12 years through 19 years 21 days per year 20 years and thereafter 22 days per year 3. Division managers, supervisors, and equivalent positions, consisting of those indi- viduals designated as such in the annual salary ordinance, shall accrue annual vacation in accordance with the following schedule: Years of Employment Days of Vacation After the first 6 months of continuous employment 8 days of credit Second 6 months of continuous employment 8 days additional 2 years through 5 years 16 days per year 6 years through 11 years 21 days per year 12 years through 19 years 22 days per year 20 years through 24 years 25 days per year 25 years and thereafter 27 days per year 4. The police chief, fire chief and those individuals designated on the annual salary ordinance as directors shall initially accrue 22 days of vacation per year. Such accrual shall be credited on a semi-monthly basis with each employee’s paycheck, except as provided above. The rate of accrual shall be reflected by a credit equal to the proportionate share of vacation earned for the period. B. Employees are encouraged to use their accumulated vacation time within the year in which it is accrued. Vacation accruals of up to one year’s accumulation may be carried over Packet Page 142 of 203 2.35.040 2-40 from one year to the next. Employees who give notice of retirement within 24 months are authorized to accumulate two years’ accrual at any time prior to retirement. C. Vacation schedules must be submitted by each department not later than March 1st of each year. D. Any employee whose service is honorably terminated after the completion of six months of continuous service shall be paid for any vacation time accumulated prior to the effective date of termination. [Ord. 3583 § 1, 2006; Ord. 3545 § 2, 2005; Ord. 3505 § 1, 2004; Ord. 3279 § 2, 1999; Ord. 2970 § 1, 1994; Ord. 2716, 1989]. 2.35.040 Compensating time. When work beyond regular hours is required of an employee of the city (excluding those employees designated as exempt from this benefit on the annual salary schedule) compensating time off may be allowed as city requirements permit, subject to the following requirements: A. Nonexempt employees, on their request and at the city’s option, may be permitted to take compensating time off at the overtime rate of one and one-half times the actual overtime worked in lieu of payment; provided, that such employees may not accumulate more than 40 hours of compensating time and any compensating time off must be used within the 12-month period following the date on which overtime is earned. B. All exempt employees other than those excluded by the annual salary ordinance (see subsection E of this section) shall receive compensatory time for night meetings, emergency call outs, and other similar periods for which they are required by their supervisor to work. Compensating time shall not be earned for short extensions of regular work hours less than one hour in length, such as staying late or coming in early. Compensatory time for such exempt employees shall be earned at the straight time rate, one hour of compensatory time earned for each hour worked. The measurement of such time shall be in accordance with the mayor’s administrative policies. Commencing January 1, 1990, such exempt employees shall be allowed to accumulate up to a maximum of 40 hours of compensatory time during any calendar year. The terms of use shall be as established by the mayor’s administrative policy. If an employee earns additional compensatory time after he or she has accumulated the maximum, then the employee must either be paid for the additional time or provided time off during the next pay period. Packet Page 143 of 203 2.35.045 (Revised ) 2- C. Compensating time shall be taken at the convenience of the city. All compensating time must be recorded and then approved by the employee’s supervisor and/or department head. D. Upon termination no exempt employees shall be paid for unused compensatory time unless time has been earned in excess of the 40-hour maximum. Nonexempt employees shall be paid for unused compensating time at one and one-half times the overtime worked. However, every effort should be made to use compensating time prior to termination. For the remainder of the budget year 2004, the positions excluded by prior ordinance (prior section ECC 2.35.040(A)) shall not be entitled to compensating time off. E. Employees designated as exempt from this compensating time provision shall receive a monthly salary as designated on the annual salary ordinance. Their presence or absence from the regular work schedule shall be reviewed in terms of the employee’s overall performance in accordance with the mayor’s administrative policies and the city personnel rules. [Ord. 3505 § 2, 2004; Ord. 3279 § 3, 1999; Ord. 2732 § 1, 1989; Ord. 2542, 1985; Ord. 2508, 1985; Ord. 2482, 1985; Ord. 2340, 1983; Ord. 2204 § 1, 1981; Ord. 1939, 1977; Ord. 1168 § 4, 1966]. 2.35.045 Shared leave. A. Intent. The purpose of shared leave is to permit city employees, at no additional em- ployee cost to the city other than the administrative cost of administering the program, to come to the aid of a fellow employee who is suffering from or has an immediate family member suffering from illness, injury, impairment, physical or mental conditions which has caused, or is likely to cause, the employee to take leave without pay or to terminate his or her employment. “Immediate family” is defined as spouse, son, daughter, mother, father, and in-laws of the same degree. The personnel director may, but has no obligation, to approve recognition of other, significant relationships similar in nature to that of the immediate family, if the needs of the city permit. In addition to these purposes, the shared leave program may be used by employees who have been involuntarily called to military service. B. A department director, with the mayor’s approval, may permit an employee to receive shared leave under this section if: 1. The employee suffers, or has an immediate family member suffering from an illness, injury, impairment or physical or mental condition, which has caused, or is likely to cause, the employee to go on leave without pay or to terminate his or her employment with the city. In addition, the shared leave program may be utilized by an employee who has been involuntarily called to active duty in the Washington National Guard, or in the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States. An employee seeking to utilize the shared leave program due to an involuntary call to military service need not establish compliance with subsections (B)(2) through (4) of this section. 2. The employee has depleted or will shortly deplete his or her total of accrued vaca- tion, sick leave, compensatory time, holiday time, and/or other paid leave. Packet Page 144 of 203 Edmonds City Code 2.35.045 2- (Revised ) 3. Prior to a request to use shared leave, the employee has abided by the sick leave policy. 4. The employee has diligently pursued and is found to be ineligible for state industrial insurance benefits or such benefits have been exhausted. 5. Use of shared leave will not significantly increase the city’s costs except for those Packet Page 145 of 203 (Revised ) 2- Packet Page 146 of 203 2-44 This page left intentionally blank. Packet Page 147 of 203 Edmonds City Code 2- (Revised ) costs which would otherwise be incurred in the administration of this program and which would otherwise be incurred by the employee’s department. C. The department director, with the concurrence of the mayor, shall determine the amount of shared leave, if any, which an employee may receive under this section. The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. Shared leave shall be limited to no more than a maximum of six continuous calendar months or six months total in any five-year period and cannot be used to extend the absence of the employee beyond the post-leave time prescribed by state statute, the applicable labor agreement, or city policy. D. Shared leave shall be funded through voluntary transfers of accrued vacation and/or sick leave from other city employees to the employee approved for a shared leave. Both vacation and sick leave can be donated for a shared leave request, which has been approved due to an extraordinary/catastrophic type illness or injury. For this type of request, all donated vacation must be used prior to any use of donated sick leave. For illnesses and inju- ries, which are noncatastrophic in nature, only vacation leave can be donated and used. Sick leave donations are not allowed for this type of request. Co-workers who donate leave must retain a reasonable amount of accrued vacation and sick leave to protect them from a wage loss due to illness or injury and to enjoy a reasonable vacation period. When reviewing police employees, the police chief may consider holiday and compensatory time for purposes of approving shared leave requests and donations of leave time. Department directors shall not transfer any leave time in excess of the amount specified in the request. All donations shall be voluntary. The department director shall determine that no significant increase in city costs will occur as a result of the transfer of leave. E. Leave may be transferred from employee(s) from one department to an employee of the same department, or, with the concurrence of both department directors, to an employee of another department. F. While an employee is on shared leave, he or she will continue to be classified as a city employee and shall receive the same treatment, in respect to salary and benefits, as the em- ployee would otherwise receive if using vacation leave. 1. All salary benefit payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave. 2. The employee’s salary rate shall not change as a result of being on shared leave nor, under any circumstances, shall the total of the employee’s salary and other benefits, including but not limited to state industrial insurance or any other benefit received as a result of payments by the city to an insurer, health care provider, or pension system, exceed the total of salary and benefits which the employee would have received had he or she been in a regular pay status. G. Leave shall be transferred on a dollar-for-dollar basis. The value of the leave shall be determined at the current hourly wage of the transferor and the leave available to the receiv- ing employee shall be calculated at the receiving employee’s wage. H. The personnel department shall be responsible for computing values of donated leave and shared leave, and shall also be responsible for adjusting the accrued leave balances to show the transferred leave. The administrative services director shall determine the appropriate fund transfers and budget amendments as needed for city council action. Packet Page 148 of 203 2-46 Records of all leave time transferred shall be maintained in the event any unused time is returned at a later date. Packet Page 149 of 203 2.35.050 (Revised ) 2- I. The value of any leave transferred which remains unused shall be returned at its original value to the employee or employees who donated the leave. The department director shall determine when shared leave is no longer needed. To the extent administratively feasible, the unused leave shall be returned on a pro rata basis. J. The personnel department shall monitor the use of shared leave to ensure equivalent treatment for all employees of the city. Inappropriate use or treatment of the shared leave provision may result in cancellation of the donated leave or use of shared leave. [Ord. 3412 § 1, 2002; Ord. 3373 § 2, 2001; Ord. 2910 § 1, 1993; Ord. 2738 § 1, 1989]. 2.35.050 Emergency service. During an emergency all employees shall be available for extra duty as required by the city. [Ord. 1168 § 5, 1966]. 2.35.060 Sick leave. A. Represented employees accrue sick leave at the rate of and to the maximum estab- lished in the respective collective bargaining agreements. Nonrepresented employees shall accrue sick leave at the rate of one working day for each full calendar month of the employee’s continuous service. The maximum amount of accrued sick leave shall not exceed 1,000 hours for such nonrepresented employees. B. Upon honorable termination, unused sick leave shall be paid to nonrepresented employees at a rate equal to one-half of the regular rate of pay at the date of termination to a maximum of 800 hours. In the event of the death of an employee, the payment for unused sick leave shall be paid to the surviving spouse or to the estate of the decedent if there is no surviving spouse. Honorable termination means resignation or lay-off due to lack of work or funding and shall not include any discharge for cause. In the event that further or conflicting terms are established by the provisions of collective bargaining agreements, such provisions shall control such payments to represented employees in accordance with their respective collective bargaining agreement. C. An employee eligible for sick leave with pay shall be granted such leave for: 1. Personal illness or physical incapacity resulting from a cause beyond the employee’s control; 2. Forced quarantine of the employee; 3. Upon approval of the mayor, the death of a member of an employee’s immediate family. D. The certificate of a physician and/or a written report concerning the need for the sick leave may be required by the city, and if so required shall be supplied by the employee in order to qualify for sick leave with pay. E. As an incentive to the appropriate use of sick leave, nonrepresented employees may earn additional leave hours on an inverse basis to the amount of sick leave used during the calendar year, in accordance with the following schedule: Hours of Sick Leave Used Annual Leave Hours Earned 0 24 Packet Page 150 of 203 2.35.060 2-48 Hours of Sick Leave Used Annual Leave Hours Earned 8 16 16 8 24 0 Annual leave earned under this program shall be in the calendar year in which the leave was earned. Absences compensated through the state workers’ compensation illness or injury program shall not be taken into consideration when applying the eligibility standards. The leave earned shall be pro-rated to the nearest full hour on the basis of sick leave used. F. Nonrepresented employees who have accrued in excess of 800 hours of sick leave may convert the excess hours to a cash payment at the rate of three hours of sick leave for one hour of compensation at the employee’s current rate of pay, up to a maximum of $1,000 per year. The human resources department shall notify the employee of his or her accrued Packet Page 151 of 203 Edmonds City Code 2.35.090 2- (Revised ) sick leave hours with the last paycheck in August of each year. The sick leave payout shall be paid with the first paycheck in January. Employees must request the optional sick leave payout within 10 working days from the date notice of accrued sick leave was provided. G. Newly hired employees who are entitled to transfer sick leave from their previous employer to the city of Edmonds pursuant to interlocal agreement, collective bargaining agreement and/or state law may transfer such sick leave banks subject to the rules set forth in this section. In addition, a transferred employee who would, under the provisions of the city’s personnel policies, be required to pay back worker’s compensation benefits advanced by the city and thereby restore his/her sick leave bank may exercise such rights with respect to funds received from Labor and Industries as worker’s compensation within the first six months of their employment, thereby buying back sick leave which otherwise could have been transferred. [Ord. 3444 § 1, 2003; Ord. 3279 § 4, 1999; Ord. 2668 § 2, 1988; Ord. 2664 § 7, 1988; Ord. 1462, 1970; Ord. 1422, 1969; Ord. 1168 § 6, 1966]. 2.35.070 Transfer of position. In the event an employee is transferred from one position to another within the city, any accrued vacation time and/or accrued sick leave time and/or compensating time shall be available to the employee in his new position. [Ord. 1168 § 7, 1966]. 2.35.080 Extenuating circumstances. The foregoing provisions of this chapter shall be considered as minimum employee privileges, which may be extended for extenuating circumstances upon the approval of the mayor. [Ord. 1168 § 8, 1966]. 2.35.090 Conflict. A. In the event that any provision of this chapter or any provision of this title shall con- flict with any provision of an employment contract or collective bargaining agreement approved by the city council, such contract or agreement shall prevail. In no event shall any employee be entitled to claim greater benefits under this chapter than those provided for by a collective bargaining agreement or employee contract covering said individual’s employ- ment. B. It is understood that in order to attract experienced personnel, the city may be required to authorize deviations from the benefits established by this title or through the city’s personnel manual. During the course of any budget year, the mayor or his designee is authorized to extend offer letters to individuals which provide for benefits greater than those to which an entry-level employee would be entitled. The purpose of this authorization is to permit the city to attract persons with experience at comparable public agencies. When the mayor, in his discretion, believes that it is necessary to attract such individuals to the city, benefits may be authorized which place an individual at a higher level of benefits, such as vacation accrual, than their hire date would otherwise indicate. Such employment offers shall be ratified by the city council. In the event such ratification is not granted, the indi- vidual shall retain those benefits only for the budget year in which they are offered. The mayor’s offer shall not exceed the maximum imposed for employees of the classification or Packet Page 152 of 203 2.35.090 2-50 job status which has been established for such benefit without the prior written consent of the city council. All such offers shall be limited to and within the funds budgeted for the budget year in which the offer is made. [Ord. 3505 § 3, 2004; Ord. 2571 § 3, 1986]. Packet Page 153 of 203 2.36.010 (Revised ) 2- Chapter 2.36 MILITARY LEAVE* Sections: Xac5104622.36.010 Annual leave for reservists. Xac5177702.36.020 Military service. 2.36.030 Other military leave and obligations. *Code reviser’s note: Ord. 3373 added this chapter as Chapter 2.25. It has been editorially renumbered to pre- vent duplication of chapter numbers. 2.36.010 Annual leave for reservists. Every city employee who is a member of the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps Reserve of the United States, or of any organized reserve or armed forces of the United States, shall be entitled to annual leave as provided in RCW 38.40.060. [Ord. 3373 § 1, 2001]. 2.36.020 Military service. A. Subject to the provisions of subsections (B) through (G) of this section, every city employee who is called to active duty or enlists for duty in the Washington National Guard, or in the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States of America shall be entitled to receive from the city, commencing on the first day the employee reports for active duty, or the first day of duty after expiration of accrued leave (see subsection (A)(4) of this section), and continuing for the period specified below, or until the employee’s discharge from service, whichever first occurs: 1. For 60 days, the difference, if any, between the employee’s regular salary or wages, fixed as of the last day of service rendered to the city prior to reporting for active duty, and the military compensation paid to the employee for the employee’s military service, inclusive of housing and food allowances and other similar expenses; and 2. For 90 days, following the expiration of leave provided for in subsection (A)(1) of this section: medical, dental and vision benefits for the employee and the employee’s dependents, at the same level as provided to the employee and the employee’s dependents as of the last day of service rendered to the city prior to reporting for active duty. To the extent consistent with plan documents, the employee may continue to participate in the MEBT plan for so long as the employee receives eligible compensation salary under subsection (A)(1) of this section or through the use of accrued leave. 3. An employee shall be entitled to utilize the total of the benefits set forth in this sec- tion once within any five-calendar-year period. The five-year period shall commence on the first day such benefit(s) are used. 4. An employee may utilize vacation, compensatory time and other forms of accrued leave eligible for use in accordance with the terms of, and limitations on the use of, such accrued leave, prior to or in conjunction with the use of military leave, in order to supple- ment or extend the benefits created by this chapter. Use of such benefits shall result in an adjustment of time limits for military leave to reflect the usage of accrued leave. Packet Page 154 of 203 2.36.030 2-52 B. In order to qualify for the compensation in benefits provided under subsection (A) of this section, an employee who is involuntarily called to or enlists in active military service must execute an agreement obligating the employee to return to work at the city upon completion of active duty and within the employment rights period established by federal law. The agreement shall provide that if the employee fails to return to city employment during the time period prescribed by law, the employee shall be obligated to reimburse the city for all compensation and benefits that are paid under this section. C. In order to receive the compensation provided by subsection (A)(1) of this section, the employee shall be required to submit copies of his or her military pay stubs showing all compensation received from the military during the period of active service. The employee may submit such stubs once per pay period but no more frequently than once every two weeks. The city shall pay the compensation amount due under subsection (A)(1) of this section, if any, at the time of the city’s next regularly scheduled payroll. D. City employees who have already been involuntarily called to military service or enlisted in military service prior to the effective date of the amendment of this section (January 19, 2009) may qualify for the compensation and benefits provided herein by signing an agreement to return as provided in subsection (B) of this section. In such case, the 60 days of compensation and benefits and the 90 days of insurance continuation shall commence on the date the agreement is signed. E. During the period of military leave, the employee shall not accrue or receive any other compensation, benefits, seniority or any other rights whatsoever from the city except those specifically provided for in this section and those specifically required by state and federal law, except to the extent that additional leave accrues through the use of accrued leave under subsection (A)(4) of this section. F. Use of the term “employee” in this section in order to describe those called to military service is for convenience only and is not intended to imply that such persons remain city employees during the period of active duty. Upon completion of the last day of service for the city prior to reporting for active military service, such person is no longer a city employee for any purpose, unless and until reemployed by the city as provided under state and federal law. G. Nothing herein shall be interpreted to expand the rights of employees to return to the city beyond those granted by state and federal law. By way of illustration and not limitation, the city reserves its right to determine whether an employee can be reasonably accommodated in the event that he/she becomes disabled, to refuse to employ an individual who is dishonorably discharged or otherwise to exercise its statutory or common law discretion as a public employer. [Ord. 3722 § 1, 2009; Ord. 3399 § 1, 2002; Ord. 3373 § 1, 2001]. 2.36.030 Other military leave and obligations. The city will comply with all provisions of state and federal law relating to military leaves and benefits, including, but not limited to, 38 U.S.C. § 4301, et seq., and RCW 38.40.060. [Ord. 3373 § 1, 2001]. Packet Page 155 of 203 Edmonds City Code 2.37.010 2-53 Chapter 2.37 MISCELLANEOUS LEAVE AND BREAK PROVISIONS Sections: 2.37.010 Breaks. 2.37.010 Breaks. A. Pursuant to the provisions of WAC 296-126-001(4), the city of Edmonds hereby exempts its employees from the provisions of Chapter 296-126 WAC. By way of illustration and not limitation, the city’s employees shall not be governed by the provisions of WAC 296-126-092 relating to meal periods and rest periods. B. This exemption shall be interpreted in accordance with the city’s bargaining obliga- tions pursuant to the provisions of Washington law. Nothing herein shall be interpreted to abrogate past practice or to permit the alteration of any term or condition of employment which is a mandatory subject of bargaining, without notice to and, where appropriate, bar- gaining with the appropriate collective bargaining representatives. [Ord. 3447 § 1, 2003]. Packet Page 156 of 203 2.40.005 2-54 Chapter 2.40 OATH AND BONDS FOR OF OFFICERS Sections: 2.40.010 Bonds required – Amounts, blanket bond authorized. 2.40.020 Premium payments. 2.40.030 Refusal to give bond – Vacation of office. 2.40.005 Definitions. Except where the context clearly requires a contrary interpretation, the term “officer” shall including the following positions of the city of Edmonds: mayor, city councilmember, municipal court judge, hearing examiner, city attorney, city prosecutor, police chief, city clerk, and all directors. Except where the context clearly requires a contrary interpretation, the term “official” shall be synonymous with the term “officer” when used as a noun. 2.40.010 Bonds required – Amounts, blanket bond authorized. The finance director, city clerk, deputy city clerk, chief of police and city attorney shall be bonded and may be so bonded by an individual bond policy or by a blanket bond policy including other city employees, naming the city of Edmonds as its beneficiary and bonding all covered officers and employees for $5,000 or more for fidelity, for $5,000 or more for faithful performance, and for $45,000 or more as an aggregate excess fidelity coverage. The surety for such bond shall be a surety company authorized to do business in the state of Washington, or an unauthorized surety insurer as a surplus line pursuant to Chapter 48.15 RCW. Any such bond offered in satisfaction of this section must be approved by the mayor. [Ord. 2317 § 1, 1982]. 2.40.020 Premium payments. The premium of bonds meeting the requirements of this chapter shall be paid by the city of Edmonds. [Ord. 2317 § 2, 1982]. 2.40.030 Refusal to give bond – Vacation of office. Upon the failure or refusal of any city officer to give bond as required by law, and within a reasonable time, the council shall have the power to declare his office vacant. [Ord. 2317 § 3, 1982; Ord. 268 § 3, 1913]. Formatted: Indent: Left: 0", First line: 0" Formatted: Font: Not Bold Comment [JT8]: not required by state law Comment [JT9]: not required by state law Comment [JT10]: consider updating Comment [JT11]: consider updating Comment [JT12]: consider updating Packet Page 157 of 203 Edmonds City Code 2.40.030 2-55 2.40.040 Oath of officers. Any officer before entering upon the performance of his or her duties shall be required to take an oath or affirmation for the faithful performance of his or her duties. The oath or affirmation shall be filed with the county auditor. Formatted: Left Formatted: Left, Indent: Left: 0.75", First line: 0.25" Formatted: Font: Not Bold, No underline, Font color: Auto Formatted: Left, Indent: First line: 0.25" Formatted: Font: Not Bold, No underline, Font color: Auto Packet Page 158 of 203 2.50.010 2-56 Chapter 2.50 FIREMEN’S RELIEF AND PENSION SYSTEM Sections: 2.50.010 Firemen’s pension board created. 2.50.020 Secretary of board. 2.50.030 Chairman pro tempore. 2.50.040 Quorum of board. 2.50.050 Meetings and duties. 2.50.010 Firemen’s pension board created. A. There is hereby created the Edmonds firemen’s pension board to consist of the fol- lowing five members: 1. The mayor, who shall be chairman of the board; 2. The city clerk; 3. The finance director; and 4. Two regularly employed firemen elected by secret ballot of the firemen. B. The first members to be elected by the firemen shall serve for a term of one and two years, respectively, and their successors shall be elected annually for a two-year term. The two firemen so elected shall, in turn, select a third fireman who shall serve as an alternate in the event of absence of one of the regularly selected firemen. [Ord. 1133 § 1, 1965]. 2.50.020 Secretary of board. The board may select and appoint a secretary who may, but need not be, a member of the board. [Ord. 1133 § 1, 1965]. 2.50.030 Chairman pro tempore. In case of absence or inability of the chairman to act, the board may select a chairman pro tempore who shall during such absence or inability perform the duties and exercise the powers of the chairman. [Ord. 1133 § 1, 1965]. 2.50.040 Quorum of board. A majority of the members of the board shall constitute a quorum and have power to transact business. [Ord. 1133 § 1, 1965]. 2.50.050 Meetings and duties. The board shall hold such meetings and perform those duties as prescribed to the board by the applicable statutes of the state of Washington, specifically including Chapters 41.16 and 41.18 RCW as may be amended from time to time. [Ord. 1133 § 1, 1965]. Packet Page 159 of 203 Edmonds City Code 2.60.040 2-57 Chapter 2.60 RESERVE FIRE FIGHTERS’ RELIEF AND PENSIONS ACT Sections: Xac5177862.60.010 Number of reserve restrictions. Xac5109172.60.020 Reserves enrolled – Purpose. Xac5109202.60.030 Membership restrictions. Xac5109232.60.040 Annual fees payable by city and reserves. 2.60.010 Number of reserve restrictions. The city of Edmonds fire department may staff up to 15 “reserve” personnel to supple- ment the career staff. [Ord. 3245 § 2, 1999; Ord. 555 § 1, 1946]. 2.60.020 Reserves enrolled – Purpose. All of the reserve members of the city of Edmonds fire department are hereby enrolled under the relief and compensation provisions of the Volunteer Fire Fighters’ Relief and Pensions Act of the state of Washington set forth in Chapter 41.24 RCW for the purpose of providing protection for the reserves and their families from death and disability arising in the performance of their duties as a reserve. [Ord. 3245 § 3, 1999; Ord. 555 § 2, 1946]. 2.60.030 Membership restrictions. Any member of the reserve staff of the city of Edmonds fire department may enroll under the pension provisions of the said Volunteer Fire Fighters’ Relief and Pensions Act for the purpose of enabling any such reserve so electing to avail himself/herself of the retirement provisions of said act. [Ord. 3245 § 4, 1999; Ord. 555 § 3, 1946]. 2.60.040 Annual fees payable by city and reserves. The annual fee paid by the city of Edmonds for each member of its fire department reserve staff for the purpose of affording the benefits derived from the state trust fund, and the fees payable by the reserves where applicable, shall be paid at those rates prescribed by state law, Chapter 41.24 RCW, Volunteer Fire Fighters’ Relief and Pensions Act, as may be amended. [Ord. 3245 § 5, 1999; Ord. 1238 § 2, 1966; Ord. 555 § 4, 1946]. Packet Page 160 of 203 2.70.010 2-58 Chapter 2.70 RETIREMENT SYSTEM Sections: 2.70.010 Election to participate. 2.70.020 Number of employees and officials included. 2.70.030 Basis for prior service credit. 2.70.040 Basis for contributions. 2.70.050 Repealed. 2.70.010 Election to participate. The city of Edmonds has elected and does elect to participate as a member of the state- wide city employee’s retirement system for pension, relief, disability and retirement for the employees of the city of Edmonds as provided by Chapter 41.44 RCW. It is the intent of this chapter that only regular and full-time employees and officers of said city shall be included in said system; provided, however, that other officers and employees of said city may be included thereunder solely at the discretion of the city council; and provided, fur- ther, that no elective official shall be included unless said official so elects and files a written notice of such election with the board of trustees of said pension system and with the city clerk. [Ord. 856 § 1, 1960]. 2.70.020 Number of employees and officials included. The number of employees and officials, other than elective officials, who shall be included as members of said pension system is approximately 30. [Ord. 856 § 2, 1960]. 2.70.030 Basis for prior service credit. The basis for prior service credit shall be .6667 percent of final compensation known as one-half prior to service credit. [Ord. 856 § 4, 1960]. 2.70.040 Basis for contributions. The basis for contributions shall be established by and in accordance with the provisions of the retirement system. [Ord. 3165 § 3, 1997]. 2.70.050 Basis for contributions. Repealed by Ord. 3165. [Ord. 856 § 6, 1960]. Packet Page 161 of 203 Edmonds City Code 2.70.050 2-59 Chapter 2.80 PROFESSIONAL CONSULTANTS* (Repealed by Ord. 3303) *Code reviser’s note: Ordinance 3303, Exhibit A, available in the office of the city clerk, adopts the purchasing policy of the city. Packet Page 162 of 203 2.90.010 2-60 Chapter 2.90 JAIL FACILITIES Sections: 2.90.010 Adopted WAC custodial care standards. 2.90.010 Adopted WAC custodial care standards. The following chapters and sections of the Washington Administrative Code which per- tain to 6-hour “holding facilities,” as defined therein, which are not classified as advisory, including all future amendments thereto, are hereby adopted by reference pursuant to the requirements of Chapter 70.48 RCW, as amended by Chapter 462, Section 17, Laws of 1987: A. Chapter 289-02 WAC, Introduction and Definitions; B. Chapter 289-14 WAC, Custodial Care Standards – Administration; C. Chapter 289-15 WAC, Custodial Care Standards – Safety; D. Chapter 289-16 WAC, Custodial Care Standards – Operations; E. Chapter 289-18 WAC, Custodial Care Standards – Security; F. Chapter 289-19 WAC, Custodial Care Standards – Prisoner Conduct; G. Chapter 289-20 WAC, Custodial Care Standards – Health & Welfare; H. Chapter 289-24 WAC, Custodial Care Standards – Communications; I. WAC 289-22-100(6)(c), Counseling; J. WAC 289-22-110(3), Work Programs. [Ord. 2646 § 1, 1987]. Packet Page 163 of 203 Edmonds City Code 2.95.030 2-61 Chapter 2.95 POLICE CORPS PROGRAM Sections: 2.95.010 Recitals and findings. 2.95.020 Police corps authorized. 2.95.030 Civil service integration. 2.95.010 Recitals and findings. A. The United States has adopted the Police Corps Act as Title XX, Subtitle A of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. Sections 14091 et seq. The purposes of the Police Corps Act are to: 1. Address violent crime by increasing the number of police with advanced education and training on community patrols; and 2. Provide educational assistance to law enforcement personnel and to students who possess a sincere interest in public service in the form of law enforcement. B. The state of Washington is sponsoring, through the Criminal Justice Training Com- mission, the police corps program in the state of Washington. C. A description of the police corps program is attached to the ordinance codified in this chapter as Appendix 1. D. The city endorses the police corps program and seeks to participate in the program through sponsorship of qualified candidates. E. It is the purpose of this chapter to authorize participation of city as a sponsoring agency for police corps candidates and to provide for integration of the police corps pro- gram into existing civil and hiring programs. [Ord. 3266 § 1, 1999]. 2.95.020 Police corps authorized. The city hereby authorizes the participation in the Washington Police Corps Program, subject to the terms and conditions of the police corps program. The mayor is authorized to enter into contracts necessary for the implementation of the police corps program and sponsorship of police corps candidates. [Ord. 3266 § 2, 1999]. 2.95.030 Civil service integration. A. Candidates for the police corps program, sponsored by the city, shall be reviewed and approved by the civil service commission and city as appointing authority prior to sponsor- ship. B. Police corps candidates shall be subject to all requirements of employment qualifica- tion, including, but not limited to, background testing, polygraph, and other evaluations (collectively, “testing”). Testing may be employed both prior to sponsorship and following completion of the program. C. Following approval of sponsorship by the civil service commission and the appointing authority, a candidate may be sponsored by the city. Upon successful graduation from the Packet Page 164 of 203 2.95.030 2-62 police corps, certification by the Washington Criminal Justice Training Commission, and completion of all testing, the candidate shall be employed as a probationary employee of the city subject to 42 U.S.C. Section 14096 and regulations applicable to all law enforcement officers of the city. [Ord. 3266 § 3, 1999]. Packet Page 165 of 203    AM-4679     4. C.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted For:Jeanie McConnell Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Authorization for Mayor to approve acceptance and recording of a Sanitary Sewer Easement at 616 Maple Street. Recommendation from Mayor and Staff Forward this item to the consent agenda for approval at the April 17, 2012 Council meeting. Previous Council Action None. Narrative Dia Bock and her neighbor to the east submitted an application to the City for a lot line adjustment. During review of this application staff became aware of an existing sanitary sewer main along the east portion of 616 Maple Street, property owned by Dia Bock. The original sewer main installation dates back to at least the 1940’s and while the City has prescriptive rights to this area, the easement document formalizes this and provides record of easement against the property title. Attachments Attachment 1-Sanitary Sewer Easement Form Review Inbox Reviewed By Date Engineering Robert English 04/04/2012 04:17 PM Public Works Kody McConnell 04/05/2012 08:14 AM City Clerk Sandy Chase 04/05/2012 08:56 AM Mayor Dave Earling 04/06/2012 08:35 AM Final Approval Sandy Chase 04/06/2012 08:57 AM Form Started By: Megan Cruz Started On: 03/26/2012 05:05 PM Final Approval Date: 04/06/2012  Packet Page 166 of 203 P a c k e t P a g e 1 6 7 o f 2 0 3    AM-4701     4. D.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Ordinance amending the Edmonds City Code (ECC) 8.64.060 and 8.64.065, parking provisions in the Downtown Edmonds area. Recommendation from Mayor and Staff Forward item to the consent agenda for Council acceptance at the April 17, 2012 Council meeting. Previous Council Action None. Narrative The Downtown Parking Committee, composed of City Council, the Police Department, the Engineering Division and Edmonds Citizens, is tasked, among other things, with reviewing citizen / business requests regarding changes in parking designation.  1. Amendment to ECC 8.64.060 Last November, the Parking Committee received a letter from the 3rd Ave. S Condominiums stating that ferry commuters frequently park, for extended periods of time, along 3rd Ave. S from Walnut St. to Pine St. Those parked vehicles are often commercial trucks, creating sight distance and safety issues for vehicles attempting to access 3rd Ave S. from driveways and side streets. No parking restrictions are currently in place along this stretch. The “3-hour parking limitation” along 3rd Ave. S ends at Walnut St. The Committee identified extending the “3-hour parking limitations” along this stretch as the main way to eliminate such issues in the future. In past practices, the majority of the property owners living within the affected area need to support a parking revision, before the change can take place. Surveys were then sent out to all the property owners along 3rd Ave. S from Walnut St. to Pine St., asking whether they were in favor or opposed to this change. The majority (~ 66% of the property owners) supported designating both sides of this stretch with “3-hour parking limitations” between the hours of 12 midnight and 6pm of any day except Sunday and public holidays. The Downtown Parking Committee therefore recommends the following ECC addition:  Section 8.64.060: Schedule VI – Parking limited on certain streets • Both sides of 3rd Ave. S from Walnut St. to Pine St. 2. Amendment to ECC 8.64.065 Last year, many parking stalls were removed from the Edmonds Station parking lot in order to add the Edmonds Bus Terminal (directly north of the Edmonds Station), creating parking shortages for Sound Packet Page 168 of 203 Transit users. During the construction and shortly after completion, Sound Transit was then leasing a parking lot from the Port of Edmonds but this lease has since expired, creating new parking issues. Since the terminal completion, most Community Transit buses aren’t crossing the railroad tracks nor using eastbound Dayton St. anymore since the terminal is entered from James St. and exited onto Main St. A180-foot section of yellow curb on the south side of Dayton St. (previously designated as “Community Transit (CT) bus zone area”) is no longer needed and can be reduced to 100’, leaving 80’ that could be designated as parking area. As part of the Dayton St. Overlay Project (completed in 2011), those striping changes were added. The Committee identifies placing “3-hour parking limitations between 7pm and 7am (Monday thru Friday)” along this new parking area, providing (4) parking stalls for general purpose users and well as Sound Transit commuters. The Downtown Parking Committee therefore recommends the following ECC addition Section 8.64.065 Schedule VI-A – Parking time limited for certain periods of time on certain streets. • Signed parking stalls on south side of Dayton St. between Edmonds Way / SR-104 and the railroad tracks (3-hour maximum between the hours of 7pm and 7am (Monday thru Friday) Attachments Attachment 1 - 3rd Ave S Proposed Ordinance Attachment 2 - Dayton St. Proposed Ordinance Form Review Inbox Reviewed By Date Engineering Megan Cruz 04/04/2012 04:51 PM Engineering Robert English 04/05/2012 10:16 AM Public Works Kody McConnell 04/05/2012 11:01 AM City Clerk Sandy Chase 04/05/2012 02:20 PM Mayor Dave Earling 04/06/2012 08:37 AM Final Approval Sandy Chase 04/06/2012 08:57 AM Form Started By: Megan Cruz Started On: 04/03/2012 03:00 PM Final Approval Date: 04/06/2012  Packet Page 169 of 203 - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 8.64.060; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds offers on-street parking stalls on certain portions of its public rights-of-way; WHEREAS, many ferry commuters are parking for long periods of time on both sides of 3rd Av. S between Walnut St. and Pine St. (currently no time limitations); WHEREAS, based on the survey results from the property owners living on 3rd Ave. S from Walnut St. to Pine St, 64% of them support the extension of the 3-hour parking restriction from Walnut St. to Pine St along 3rd Ave. S; and WHEREAS, upon the recommendation of the Downtown Parking Committee, the City Council finds that on-street parking on both sides of 3rd Av. S between Walnut St. and Pine St. should be designated as 3-hour parking zones; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 8.64.060 Schedule VI - Parking limited on certain streets is hereby amended to read as follows (new language is underlined): 8.64.060 Schedule VI – Parking limited on certain streets. A. In accordance with ECC 8.48.160 and when signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than three hours between the hours of 12:00 midnight and 6:00 p.m. of any day except Sundays and public holidays, within the district or upon any of the streets as follows: 1. Both sides of Bell Street from Sunset Avenue North to 250 feet west of Sixth Avenue North; Packet Page 170 of 203 - 2 - 2. Both sides of Daley Street from Third Avenue North to Sixth Avenue North; 3. Both sides of Main Street from Sunset Avenue to Sixth Avenue; 4. Both sides of James Street from Sunset Avenue to Third Avenue South; 5. Both sides of Dayton Street from Sunset Avenue (State Route 104) to Sixth Avenue South; 6. Both sides of Second Avenue from Alder Street to Caspers Street; 7. West side of Railroad Avenue from Dayton Street to Main Street; 8. Both sides of Third Avenue North from its intersection with Dayton Street to the 600 block of Third Avenue North; 9. Both sides of Fourth Avenue from Dayton Street to Third Avenue Nort h; 10. Both sides of Fifth Avenue from Howell Way to Edmonds Street; 11. Both sides of Maple Street from Fifth Avenue South to 120 feet east of Fifth Avenue South; 12. Both sides of Alder Street from Fifth Avenue South to 120 feet east of Fifth Avenue South; 13. Both sides of Edmonds Street from Sunset Avenue to Fifth Avenue North; 14. West side of Sunset Avenue from Bell Street to Edmonds Street; 15. Both sides of Sunset Avenue from Main Street to Bell Street; 16. North side of Caspers Street from Sunset Avenue to Third Avenue North; 17. East side of Railroad Street from James Street to Main Street; 18. South side of James Street from Railroad Street to Sunset Avenue (State Route 104); 19. Both sides of Third Avenue South, from Dayton Street to Pine Street; 20. Both sides of Fourth Avenue South, from Dayton Street to 120 feet south of Walnut Street; 21. The east side of Third Avenue North from Edmonds Street to Daley Street; 22. The south side of Daley Street from Third Avenue North to the alley between Third Avenue North and Fourth Avenue North; 23. The west side of Sixth Avenue from Dayton Street to Bell Street; Packet Page 171 of 203 - 3 - 24. The east side of Sixth Avenue from Dayton Street to the alley between Main Street and Bell Street; 25. Both sides of Main Street from Sixth Avenue to 120 feet east of Sixth Avenue; 26. The north side of Dayton Street from Sixth Avenue North to 120 feet east of Sixth Avenue South; 27. Both sides of Walnut Street from Third Avenue South to 120 feet east of Fifth Avenue South; 28. The north side of Howell Way from 300 feet west of Fifth Avenue South to Fifth Avenue South; 29. The south side of Howell Way from 120 feet west of Fifth Avenue South to Fifth Avenue South; 30. The west side of Fifth Avenue South from Howell Way to Erben Drive; 31. Both sides of Second Avenue South from Dayton Street to its dead end, located south of Alder Street; 32. Both sides of Alder Street between its intersection with Second Avenue South and Third Avenue South; 33. Both sides of Sprague Street from Edmonds Street to Sixth Avenue North; and 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. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: Packet Page 172 of 203 - 4 - MAYOR DAVID O. EARLING 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 173 of 203 - 5 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2012, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 8.64.060; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2012. CITY CLERK, SANDRA S. CHASE Packet Page 174 of 203 - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 8.64.065; AMENDING PARKING PROVISIONS IN THE DOWNTOWN EDMONDS AREA; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, Sound Transit has a shortage of commuter parking since parking stalls were removed as part of the addition of the Edmonds Bus Terminal last year (directly north of the Edmonds Train Station); WHEREAS, since the completion of this terminal, most Community Transit buses aren’t using eastbound Dayton St. anymore; therefore, only 100’ out of 180’ of yellow curb on the south side of Dayton St. (previously all designated as “BUS ZONE ONLY) is needed; the remaining 80’ were converted to parking stalls last year as part of the Dayton St. Overlay project; WHEREAS the Edmonds City Code does not include any section on parking limitations at this location; and WHEREAS, upon the recommendation of the Downtown Parking Committee, the City Council finds this parking limitation will provide (4) unlimited parking stalls from 7am to 7pm. and 3-hour parking limitations between 7pm and 7am (Monday – Friday); these restrictions will provide (4) parking stalls for general purpose users and well as potentially Sound Transit commuters ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOW Section 1. Section 8.64.065 of the ECC Schedule VI-A - Parking time limited Packet Page 175 of 203 - 2 - for certain periods of time on certain streets is hereby amended to read as follows (new language is underlined): 8.64.065 Schedule VI-A – Parking time limited for certain periods of time on certain streets. In accordance with ECC 8.48.155 and when signs are erected giving notice thereof, no person shall stop, stand or park a vehicle for a period of time longer than the number of hours set forth below, or between the hours set forth below: Name of Street or Road Hours – Stopped, Standing or Parking Prohibited 1. Sunset Beach access way and Sunset Beach Park. Four hours maximum at any one time. 2. West side of Sunset Avenue from Edmonds Street to Caspers Street. Four-hour parking 8:00 a.m. to 10:00 p.m. No parking from 10:00 p.m. to 8:00 a.m.; provided, however, the city council may adjust the four-hour parking time and the no parking time set forth in this subsection by appropriate motion and upon erection of appropriate signs. 3. West side of Admiral Way from Dayton Street to a point 260 feet southerly. Two-hour parking from 6:00 p.m. on Friday to midnight on Sunday, and from 6:00 p.m. on those days immediately preceding public holidays to midnight on said public holidays. 4. Both sides of the portion of 75th Place West, north of North Meadowdale Road. Four-hour parking, 8:00 a.m. to 10:00 p.m. No parking from 10:00 p.m. to 8:00 a.m. Packet Page 176 of 203 - 3 - 5. Five parking spaces designated by city engineer and located at the terminus and southerly end of Ocean Avenue. Two hours maximum between the hours of 8:00 a.m. and dusk.* No parking between dusk and 8:00 a.m. 6. Both sides of Admiral Way from its intersection with Dayton Street and south thereof to the end of the public right- of-way (approximately 2,300 feet). Three hours maximum at any one time. 7. Bracket’s Landing parking lot. Four hours maximum at any one time. 8. Signed parking stalls at City Hall, Public Safety, and City Park parking lots. No use except for electric or plug-in hybrid vehicles for three hours maximum while charging. 9. Signed parking stalls at 6th Avenue at the Main Street intersection. Thirty-minute limit for any use other than electric or plug-in hybrid vehicles. Electric or plug-in hybrid vehicles for three hours maximum while charging. 10.Signed parking stalls on south side of Dayton St. between Edmonds Way / SR-104 and the railroad tracks 3-hours maximum between the hours of 7pm and 7am (Monday thru Friday). *Dusk is hereby defined as commencing 30 minutes following sunset. 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 Packet Page 177 of 203 - 4 - section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVID O. EARLING 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 178 of 203 - 5 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2012, 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: ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 8.64.065; AMENDING PARKING PROVISIONS IN THE DOWNTOWN EDMONDS AREA; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2012. CITY CLERK, SANDRA S. CHASE Packet Page 179 of 203    AM-4711     4. E.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted For:Robert English Submitted By:Megan Cruz Department:Engineering Review Committee: Planning/Parks/Public Works Committee Action:  Type: Information  Information Subject Title Quarterly Public Works Project Report Recommendation from Mayor and Staff The report is being provided for review and discussion. Previous Council Action None. Narrative Attached is a quarterly report for capital improvement projects managed by the Public Works Department. The first quarter report for 2012 contains information on the estimated project budget, 2012 budget, change orders, funding sources and schedule. Attachments Attachment 1-Quarterly Report Form Review Inbox Reviewed By Date Engineering Robert English 04/05/2012 10:35 AM City Clerk Sandy Chase 04/05/2012 02:20 PM Mayor Dave Earling 04/06/2012 08:44 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Megan Cruz Started On: 04/04/2012 04:29 PM Final Approval Date: 04/06/2012  Packet Page 180 of 203 PU B L I C W O R K S D E P A R T M E N T / E N G I N E E R I N G D I V I S I O N P R O J E C T S Ca p i t a l I m p r o v e m e n t P r o g r a m St a t u s Ci t y o r To t a l 20 1 2 Ch a n g e Ci t y Co m p l e t e * * A c t i v e Pr o j e c t D e s c r i p t i o n Ty p e Co n s u l t a n t Bu d g e t Bu d g e t Or d e r s G r a n t s F u n d ( s ) # A d v e r t i s e C o n s t P h a s e Comments Ed m o n d s G e n e r a l F a c i l i t i e s Ch a r g e S t u d y Al l F C S $ 2 8 , 2 0 0 $3 , 2 0 0 _ _ 4 1 2 _ _ S t u d y St u d y C o m p l e t e . F i n d i n g s t o b e u s e d t o r e v i s e t h e C i t y ' s cu r r e n t r a t e s . Ci t y S t a f f C o o r d i n a t i n g w i t h C i t y C o u n c i l o n r e v i s i n g c u r r e n t GF C r a t e s . Fr a n c e s A n d e r s o n R o o f R e p a i r s an d A D A U p g r a d e s Fa c i l i t i e s C o n s u l t a n t $ 2 2 5 , 0 0 0 $2 2 5 , 0 0 0 $0 _ 1 1 6 A f t e r De s i g n i s co m p l e t e Su m m e r 20 1 3 De s _ Pu b l i c W o r k s Y a r d W a t e r Q u a l i t y Up g r a d e ( V e h i c l e W a s h S t a t i o n & Co v e r f o r M a t e r i a l P i l e s ) Fa c i l i t i e s C o n s u l t a n t $ 1 1 5 , 0 0 0 $1 2 5 , 0 0 0 _ _ 4 1 2 _ _ P r e P r o b a b l e E c o l o g y g r a n t f o r $ 2 6 9 , 7 4 5 t o u p d a t e t o w a s t e ha n d i n g f a c i l i t y a t P u b l i c W o r k s Y a r d - $ 8 6 , 5 8 2 w i l l b e u s e d f o r gr a n t m a t c h ( 2 5 % ) 76 t h A v e n u e W e s t / 7 5 t h P l a c e We s t W a l k w a y Pa r k s G r a y & Os b o r n e $3 , 0 2 4 , 0 6 5 $0 $7 2 5 , 8 0 2 _ 1 2 5 A p r - 0 9 N o v - 1 0 C l - O u t Co n s t r u c t i o n i s c o m p l e t e . Co n t r a c t o r h a s s u b m i t t e d a $ 9 5 1 , 9 2 4 c l a i m f o r e q u i t a b l e ad j u s t m e n t . S t a f f i s i n t h e p r o c e s s o f r e v i e w i n g t h e c l a i m do c u m e n t a t i o n . Ch a n g e O r d e r 1 : $ 5 9 , 8 9 5 ; C h a n g e O r d e r 2 : $ 2 8 , 5 8 4 ; C h a n g e Or d e r 3 : $ 2 2 , 1 1 7 ; C h a n g e O r d e r 4 : $ 1 0 , 0 9 6 ; C h a n g e O r d e r 5 : $1 5 , 7 9 9 ; C h a n g e O r d e r 6 : $ 1 3 1 , 5 4 7 ; C h a n g e O r d e r 7: $ 2 4 5 , 2 9 7 ; C h a n g e O r d e r 8 : $ 1 6 7 , 7 3 9 ; C h a n g e O r d e r # 9 : $2 5 , 1 0 9 ; C h a n g e O r d e r # 1 0 : $ 1 9 , 6 1 8 . Da y t o n S t r e e t P l a z a Pa r k s B a r k e r $ 1 6 0 , 6 0 5 $1 3 5 , 5 0 0 _ _ 1 3 2 t b d t b d O n - H o l d De s i g n a t 1 0 0 % . In t e r u r b a n T r a i l Pa r k s K P F F $ 2 , 4 3 0 , 0 0 0 $2 0 6 , 0 0 0 $ 1 3 9 , 6 2 4 $ 1 , 3 2 7 , 0 0 0 1 3 2 M a y - 1 1 A p r - 1 2 C o n S t a t e a n d F e d e r a l g r a n t s w e r e s e c u r e d f o r t h e c o n s t r u c t i o n ph a s e , i n t h e t o t a l a m o u n t o f $ 1 , 3 2 7 , 0 0 0 . C o n s t r u c t i o n i s i n p r o g r e s s , s c h e d u l e d f o r c o m p l e t i o n i n A p r i l . T h e c o n t r a c t i s 1 2 0 w o r k i n g d a y s . C h a n g e o r d e r 1 : $ 3 7 , 7 5 7 C h a n g e o r d e r 2 : $ 2 , 2 4 0 C h a n g e o r d e r 3 : $ 4 1 , 0 0 3 C h a n g e o r d e r 4 : $ 1 3 , 4 1 2 C h a n g e o r d e r 5 : $ 7 , 2 5 7 C h a n g e o r d e r 6 : $ 4 , 6 8 0 C h a n g e o r d e r 7 : $ 0 C h a n g e o r d e r 8 : $ 3 3 , 2 7 5 20 1 2 - A l d e r / D e l l w o o d / B e a c h Pl / 2 4 4 t h S e w e r R e p l a c e m e n t Se w e r C i t y $1 , 2 5 7 , 6 2 7 $1 , 2 3 5 , 0 0 0 _ _ 4 1 2 M a r - 1 3 O c t - 1 3 D e s De s i g n 7 0 % C o m p l e t e Ex p e c t e d A d D a t e M a y 2 0 1 3 . 20 1 3 S e w e r R e p l a c e m e n t P r o j e c t Se w e r C i t y $2 , 0 2 7 , 0 0 0 $1 4 8 , 0 0 0 _ _ 4 1 2 M a r - 1 3 O c t - 1 3 P r e Co n s t r u c t i o n S u r v e y i n g f o r p r o j e c t s s c h e d u l e d t o b e g i n J u l y 20 1 2 . Al d e r C I P P ( C i t y w i d e C I P P S e w e r Re h a b ) Se w e r C i t y $1 0 6 , 0 0 0 $1 0 6 , 0 0 0 _ _ 4 1 2 J u n - 1 2 O c t - 1 2 D e s De s i g n t o b e g i n A p r i l 2 0 1 2 . Co n s t r u c t i o n E x p e c t e d t o b e g i n S u m m e r 2 0 1 2 . Li f t S t a t i o n 2 Se w e r B H C $9 3 4 , 1 3 6 $3 4 6 , 0 0 0 _ _ 4 1 2 J u n - 1 1 M a r - 1 2 C o n C o n s t r u c t i o n c o m p l e t e . Li f t S t a t i o n s 3 , 4 , 5 , 9 , 1 0 , 1 1 , 1 2 , 14 & 1 5 Se w e r C H S $ 3 , 9 1 8 , 0 0 0 $2 , 8 9 7 , 4 0 0 _ _ 4 1 2 A p r - 1 2 A p r - 1 3 D e s D e s i g n 9 9 % c o m p l e t e . Sa n i t a r y S e w e r C o m p r e h e n s i v e Pl a n Se w e r B H C $1 7 4 , 0 0 0 $1 7 4 , 0 0 0 _ _ 4 1 2 _ _ S t u d y Co n t r a c t f i n a l i z e d a n d N o t i c e t o p r o c e e d g i v e n M a r c h 2 0 1 2 . Fi r s t d r a f t o f r e p o r t e x p e c t e d f a l l 2 0 1 2 . 23 8 t h S t D r i a n a g e t o H i c k m a n P a r k St o r m C i t y $1 0 5 , 0 0 0 $1 0 5 , 0 0 0 _ _ 41 2 M a r - 1 3 S e p - 1 3 D e s S u r v e y c o m p l e t e d 1 0 0 % d e s i g n 4 Q 2 0 1 2 Sc h e d u l e Pr o j e c t B u d g e t 4/ 5 / 2 0 1 2 P A G E 1 Pa c k e t Pa g e 18 1 of 20 3 PU B L I C W O R K S D E P A R T M E N T / E N G I N E E R I N G D I V I S I O N P R O J E C T S Ca p i t a l I m p r o v e m e n t P r o g r a m St a t u s Ci t y o r To t a l 20 1 2 Ch a n g e Ci t y Co m p l e t e * * A c t i v e Pr o j e c t D e s c r i p t i o n Ty p e Co n s u l t a n t Bu d g e t Bu d g e t Or d e r s G r a n t s F u n d ( s ) # A d v e r t i s e C o n s t P h a s e Comments Sc h e d u l e Pr o j e c t B u d g e t 95 t h / 9 3 r d P l S t o r m w a t e r Im p r o v e m e n t s St o r m C i t y $ 0 $ 2 6 , 0 0 0 _ _ 4 1 2 _ _ O n - H o l d M o n i t o r i n g a r e a t o a s s e s s s c o p e o f p r o j e c t n e e d Ci t y - W i d e D r a i n a g e R e p l a c e m e n t Pr o j e c t s : W i l l o w C r e e k S t o r m An c h o r S t r a p s St o r m M o f f i t N i c h o l $ 1 5 , 0 0 0 $2 , 0 0 0 _ _ 4 1 2 _ _ O n - H o l d Pr i o r d e s i g n s u n d e r r e v i e w a n d u p d a t e . Da y t o n S t & S R 1 0 4 D r i a n a g e Im p r o v e m e n t S t u d y St o r m C o n s u l t a n t $ 1 5 0 , 0 0 0 $1 5 0 , 0 0 0 _ _ 4 1 2 _ _ S t u d y C o n s u l t a n t S e l e c t e d S u r v e y i n g a n d d a t a c o l l e c t i o n t a s k s u n d e r w a y P r e l i m i n a r y a l t e r n a t i v e s 3 Q 2 0 1 2 Da y t o n S t . S t o r m I m p r o v e m e n t s (6 t h t o 8 t h ) St o r m C i t y $1 5 0 , 0 0 0 $1 5 0 , 0 0 0 _ _ 4 1 2 _ _ P r e A w a i t i n g a v a i l a b i l i t y o f o v e r l a y f u n d s p r i o r t o i n i t i a t i n g i n 2 0 1 2 Da y t o n S t r e e t S t o r m R e h a b St o r m C i t y $6 9 , 0 0 0 $0 _ _ 4 1 2 J u n - 1 1 O c t - 1 1 C l - o u t Co n s t r u c t i o n C o m p l e t e . Cl o s e o u t i n p r o g r e s s . Ed m o n d s M a r s h F e a s i b i l i t y S t u d y (w / P e o p l e f o r P u g e t S o u n d ) St o r m C o n s u l t a n t $ 1 5 0 , 0 0 0 $1 5 0 , 0 0 0 _ _ 4 1 2 _ _ S t u d y P e o p l e f o r P u g e t S o u n d t o s e n d o u t R F Q b y e n d o f 1 Q 2 0 1 2 La k e B a l l i n g e r A s s o c i a t e d P r o j e c t s St o r m C i t y $1 0 2 , 0 0 0 $1 0 2 , 0 0 0 _ _ 4 1 2 T B D T B D D e s F o r u m I n t e r l o c a l A g r e e m e n t o n C o u n c i l A g e n d a 4 / 3 / 1 2 M c A l e e r C r e e k c u l v e r t r e p a l c e m e n t @ 6 0 % D e s i g n ; P r o j e c t ma n a g e d b y C i t y o f M o u n t l a k e T e r r r a c e . No r t h T a l b o t R o a d D r a i n a g e Im p r o v e m e n t St o r m C H S $1 8 0 , 0 0 0 $1 8 0 , 0 0 0 _ _ 4 1 2 M a y - 1 2 O c t - 1 2 D e s De s i g n a t 6 0 % . SW E d m o n d s # 4 - 1 0 6 / 1 0 5 St o r m C i t y $0 $1 5 , 0 0 0 _ _ 4 1 2 _ _ P r e M o n i t o r i n g a r e a t o a s s e s s s c o p e o f p r o j e c t n e e d Ta l b o t R d / P e r r i n v i l l e C r e e k Dr a i n a g e I m p r o v e m e n t & H a b i t a t En h a n c e m e n t - P h a s e I I St o r m C i t y $5 9 8 , 0 0 0 $5 9 8 , 0 0 0 _ _ 4 1 2 A p r - 1 2 O c t - 1 2 D e s D e s i g n a t 9 0 % R e v i s e d m i t i g a t i o n p r o p o s a l i n c l u d e s s t r e a m b a n k s t a b i l i z a t i o n in u p p e r p a r t o f P e r r i n v i l l e C r e e k . A l l p e r m i t s h a v e b e e n o b t a i n e d C o n s t r u c t i o n S u m m e r 2 0 1 2 22 6 t h S t . S W W a l k w a y St r e e t P A C E $2 0 4 , 2 0 0 $5 , 0 0 0 $ 6 , 7 8 9 $ 1 8 5 , 0 0 0 1 1 2 & 4 1 2 M a y - 1 1 N o v - 1 1 C l - O u t F e d e r a l g r a n t w a s s e c u r e d f o r $ 1 8 5 , 0 0 0 ( d e s i g n a n d co n s t r u c t i o n p h a s e ) . C o n s t r u c t i o n i s c o m p l e t e . C h a n g e o r d e r 1 : $ 3 , 9 3 0 C h a n g e o r d e r 2 : $ 2 , 8 5 9 22 8 t h S t . S W C o r r i d o r S a f e t y Im p r o v e m e n t s St r e e t P e r t e e t $ 5 , 1 0 2 , 0 0 0 $3 5 5 , 0 0 0 _ $ 5 3 6 , 0 0 0 1 1 2 T B D T B D D e s D e s i g n a t 6 5 % . A F e d e r a l g r a n t ( S T P ) w a s s e c u r e d f o r d e s i g n a n d R O W ac q u i s t i o n p h a s e s ( D e s i g n : $ 3 5 5 , 0 0 0 ; R O W : $ 2 6 5 , 0 0 0 ) . F u n d i n g c u r r e n t l y i s n ' t s e c u r e d f o r t h e c o n s t r u c t i o n p h a s e . A S T P F e d e r a l g r a n t w i l l b e s u b m i t t e d i n A p r i l t o f u n d ad d i t i o n a l R O W c o s t s . 76 t h A v e . W @ 2 1 2 t h S t . S W In t e r s e c t i o n I m p r o v e m e n t s St r e e t D a v e E v a n s $ 2 , 7 6 0 , 0 0 0 $2 9 1 , 0 0 0 _ $ 9 4 0 , 3 9 7 1 1 2 T B D T B D P r e A F e d e r a l g r a n t ( C M A Q ) w a s s e c u r e d f o r t h e d e s i g n a n d r i g h t - of - w a y a c q u i s i t i o n p h a s e s ( D e s i g n : $ 2 9 4 , 1 0 0 ; R O W : $ 6 4 6 , 2 9 7 ) . Th e R O W g r a n t f u n d i n g r e q u e s t e d w a s $ 8 4 3 , 3 7 5 . D a v i d E v a n s w a s s e l e c t e d a s t h e c o n s u l t a n t t o c o m p l e t e t h e pr e l i m i n a r y s t u d y , d e s i g n , a n d R O W p h a s e s . F u n d i n g c u r r e n t l y i s n ' t s e c u r e d f o r t h e c o n s t r u c t i o n p h a s e . Da y t o n S t r e e t O v e r l a y St r e e t C i t y $2 0 0 , 0 0 0 $0 _ _ 1 1 2 / 4 1 2 J u n - 1 1 O c t - 1 1 C o n Co n s t r u c t i o n c o m p l e t e . 4/ 5 / 2 0 1 2 P A G E 2 Pa c k e t Pa g e 18 2 of 20 3 PU B L I C W O R K S D E P A R T M E N T / E N G I N E E R I N G D I V I S I O N P R O J E C T S Ca p i t a l I m p r o v e m e n t P r o g r a m St a t u s Ci t y o r To t a l 20 1 2 Ch a n g e Ci t y Co m p l e t e * * A c t i v e Pr o j e c t D e s c r i p t i o n Ty p e Co n s u l t a n t Bu d g e t Bu d g e t Or d e r s G r a n t s F u n d ( s ) # A d v e r t i s e C o n s t P h a s e Comments Sc h e d u l e Pr o j e c t B u d g e t Fi v e C o r n e r s R o u n d a b o u t ( 2 1 2 t h St . S W @ 8 4 t h A v . W ) St r e e t D a v e E v a n s $ 2 , 2 1 6 , 0 0 0 $3 2 3 , 0 0 0 _ $ 4 6 3 , 0 0 0 1 1 2 T B D T B D D e s D e s i g n a t 3 0 % A F e d e r a l g r a n t ( C M A Q ) w a s s e c u r e d f o r t h e d e s i g n a n d r i g h t - of - w a y a c q u i s i t i o n p h a s e s ( D e s i g n : $ 2 9 0 , 0 0 0 ; R O W : $ 1 7 3 , 0 0 0 ) . A C M A Q F e d e r a l g r a n t w i l l b e s u b m i t t e d i n A p r i l t o f u n d Ma i n S t r e e t P e d e s t r i a n L i g h t i n g fr o m 5 t h A v e t o 6 t h A v e St r e e t P a r a m e t r i x $ 9 7 4 , 0 0 0 $8 9 0 , 3 0 0 _ $ 7 2 5 , 0 0 0 1 1 2 & 4 1 2 J u n - 1 2 D e c - 1 2 D e s D e s i g n a t 6 0 % c o m p l e t e . A F e d e r a l g r a n t w a s s e c u r e d f o r d e s i g n a n d c o n s t r u c t i o n ( t o t a l am o u n t : $ 7 2 5 , 0 0 0 ) . Re s i d e n t i a l N e i g h b o r h o o d T r a f f i c Ca l m i n g St r e e t C i t y $6 0 , 0 0 0 $1 0 , 0 0 0 _ _ 1 1 2 _ M a r - 1 2 C o n $ 5 0 , 0 0 0 p r o g r a m m e d f o r 2 0 1 1 f r o m t h e G e n e r a l F u n d , al l o w i n g f o r t h e s t a r t o f t h e t r a f f i c c a l m i n g p r o g r a m . $ 1 0 , 0 0 0 i s bu d g e t e d f o r 2 0 1 2 . I n 2 0 1 1 , s p e e d s t u d i e s w e r e c o n d u c t e d a l o n g ( 2 3 ) s t r e t c h e s (a t l o c a t i o n s w h e r e c i t i z e n s h a v e a d d r e s s e d s p e e d i n g c o n c e r n s ) . Ea c h s t r e t c h w a s t h e n r a n k e d b a s e d o n a s e t o f c r i e r i a s t h a t we r e e v a l u a t e d . Sh e l l V a l l e y E m e r g e n c y A c c e s s Ro a d St r e e t P e r t e e t $ 6 1 0 , 0 0 0 $7 , 0 0 0 $2 $ 3 5 0 , 0 0 0 1 1 2 / 4 1 2 J u n - 1 1 N o v - 1 1 C l - O u t Co n s t r u c t i o n c o m p l e t e , o n t i m e a n d u n d e r b u d g e t . Ch a n g e O r d e r # 1 : $ 5 , 8 0 0 Ch a n g e O r d e r # 2 : ( $ 3 0 , 9 6 3 . 1 4 ) ( R e c o n c i l i a t i o n c h a n g e o r d e r ) Co u n c i l A c c e p t e d P r o j e c t F e b r u a r y , 2 0 1 2 SR 5 2 4 W a l k w a y St r e e t R e i d Mi d d l e t o n $9 4 9 , 8 0 6 $0 $1 9 3 , 3 6 5 $ 5 8 1 , 3 2 1 1 1 2 F e b - 0 9 M a r - 1 0 C l - O u t W a i t i n g f o r d o c u m e n t a t i o n f r o m c o n t r a c t o r t o r e l e a s e re t a i n a g e . C h a n g e o r d e r 1 : $ 4 , 8 6 8 C h a n g e o r d e r 2 : $ 7 4 , 9 9 8 C h a n g e o r d e r 3 : $ 8 , 7 5 7 C h a n g e o r d e r 4 : $ 9 , 7 4 2 C h a n g e o r d e r 5 : $ 9 5 , 0 0 0 St a t e R o u t e ( S R ) 9 9 I n t e r n a t i o n a l Di s t r i c t E n h a n c e m e n t s ( P h a s e 1 an d 2 ) St r e e t C H 2 M H i l l $ 7 3 0 , 0 0 0 $3 1 3 , 0 0 0 _ $ 6 6 2 , 0 0 0 1 2 9 M a r - 1 2 O c t - 1 2 D e s D e s i g n c o m p l e t e d . A g r a n t w a s s e c u r e d f o r P h a s e 1 i n t h e a m o u n t o f $ 3 7 3 , 0 0 0 (d e s i g n a n d c o n s t r u c t i o n ) . . A g r a n t w a s s e c u r e d i n 2 0 1 0 f o r P h a s e 2 i n t h e a m o u n t o f $2 8 9 , 0 0 0 ( d e s i g n a n d c o n s t r u c t i o n ) . 20 1 0 R e p l a c e m e n t P r o g r a m - Wa t e r l i n e W a t e r C i t y $ 2 , 1 6 4 , 9 8 6 $2 3 8 , 6 0 0 $ 5 1 , 1 4 1 _ 4 1 2 J a n - 1 1 J a n - 1 2 C l - o u t Co n s t r u c t i o n c o m p l e t e c o n s t r u c t i o n p u n c h l i s t i n p r o g r e s s . Su b s t a n t i a l C o m p l e t i o n R e a c h e d J a n u a r y 2 0 1 2 . Ch a n g e o r d e r # 1 $ 4 0 , 9 5 3 . Ch a n g e o r d e r # 2 $ 1 0 , 5 4 8 . 4 3 . 20 1 1 R e p l a c e m e n t P r o g r a m - Wa t e r l i n e W a t e r M S A $ 2 , 3 6 4 , 5 0 6 $5 0 7 , 8 0 0 $ 5 7 , 8 5 6 _ 4 1 2 J u n - 1 1 M a r - 1 2 C l - o u t Co n s t r u c t i o n C o m p l e t e M a r c h 2 0 1 2 . Co n s t r u c t i o n C l o s e o u t i n P r o g r e s s . Ch a n g e o r d e r # 1 $ 2 4 , 0 7 0 . 9 3 Ch a n g e o r d e r # 2 $ 3 3 , 7 8 5 . 2 2 20 1 2 C i t y w i d e W a t e r l i n e O v e r l a y Pr o j e c t Wa t e r _ $5 2 6 , 4 0 0 $5 2 6 , 4 0 0 _ _ 4 1 2 M a y - 1 2 S e p - 1 2 D e s De s i g n a t 6 0 % . 20 1 2 R e p l a c e m e n t P r o g r a m - Wa t e r l i n e W a t e r C i t y $1 , 1 5 0 , 0 0 0 $1 , 1 0 0 , 0 0 0 _ _ 4 1 2 A p r - 1 2 D e c - 1 2 D e s . De s i g n @ 9 5 % c o m p l e t e . Ad v e r t i s e f o r b i d s M i d / l a t e S p r i n g 2 0 1 2 . 20 1 3 R e p l a c e m e n t P r o g r a m - Wa t e r l i n e Wa t e r C i t y $2 , 3 9 4 , 8 8 0 $8 8 , 0 0 0 _ _ 4 1 2 M a r - 1 3 O c t - 1 3 P r e Co n s t r u c t i o n S u r v e y i n g f o r p r o j e c t s s c h e d u l e d t o b e g i n J u l y 20 1 2 . 76 t h A v e W W a t e r l i n e E x t e n s i o n wi t h L y n n w o o d W a t e r R o t h H i l l $ 5 5 0 , 0 0 0 $5 5 0 , 0 0 0 _ _ 4 1 2 O c t - 1 2 S e p - 1 3 D e s De s i g n t o b e c o m p l e t e d M a y 2 0 1 2 . Co n s t r u c t i o n t o b e g i n M a r c h 2 0 1 3 . AM R M e t e r E v a l u a t i o n S t u d y W a t e r C o n s u l t a n t $ 5 0 , 0 0 0 $0 _ _ 4 1 2 _ _ O n h o l d On h o l d . Pi o n e e r W a y R o a d R e p a i r Wa t e r C i t y $0 $0 _ _ 4 1 2 J u n - 1 2 S e p - 1 2 P r e Su r v e y o r a n d g e o t e c h n i c a l e n g i n e e r h i r e d t o a s s e s s c o n d i t i o n of P i o n e e r W a y p o s t D e c 2 0 1 1 W a t e r m a i n b r e a k . As s e s s m e n t w o r k b e g i n s M a r c h 2 0 1 2 . 4/ 5 / 2 0 1 2 P A G E 3 Pa c k e t Pa g e 18 3 of 20 3 PU B L I C W O R K S D E P A R T M E N T / E N G I N E E R I N G D I V I S I O N P R O J E C T S Ca p i t a l I m p r o v e m e n t P r o g r a m St a t u s Ci t y o r To t a l 20 1 2 Ch a n g e Ci t y Co m p l e t e * * A c t i v e Pr o j e c t D e s c r i p t i o n Ty p e Co n s u l t a n t Bu d g e t Bu d g e t Or d e r s G r a n t s F u n d ( s ) # A d v e r t i s e C o n s t P h a s e Comments Sc h e d u l e Pr o j e c t B u d g e t Ae r a t i o n B a s i n A i r D i f f u s e r Up g r a d e f o r E n e r g y S a v i n g s W W T P B r o w n & Ca l d w e l l $1 9 5 , 0 0 0 $4 5 , 0 0 0 _ _ 4 1 4 A p r - 1 2 O c t - 1 2 D e s Pa r t s d e l i v e r e d f r o m S a n i t a i r . En g i n e e r i n g c o n s u l t a n t h a s d e l i v e r e d t h e 9 0 % d o c u m e n t s f o r ou r r e v i e w a n d c o m m e n t . AT S R e p l a c e m e n t a n d N e w Bu i l d i n g W W T P H D R $4 5 0 , 0 0 0 $5 0 , 0 0 0 _ _ 4 1 4 A p r - 1 2 O c t - 1 2 P r e Fi n a l d e s i g n w i l l b e c o m p l e t e d b y J u l y 2 0 1 2 . In i t i a l C o n s t r u c t i o n e s t i m a t e s w e r e h i g h e r t h a n e x p e c t e d s o t h e pr o j e c t c o n s t r u c t i o n h a s b e e n p u s h e d o u t t o 2 0 1 3 . Fi b e r O p t i c N e t w o r k I n s t a l l a t i o n W W T P T r i u n i t y En g i n e e r i n g $5 0 , 0 0 0 $5 0 , 0 0 0 _ _ 4 1 4 M a r - 1 2 J u n - 1 2 D e s De s i g n i n p r o g r e s s Co n s t r u c t i o n c o m p l e t e b y W i n t e r / S p r i n g 2 0 1 2 . Li g h t i n g U p g r a d e f o r E n e r g y Sa v i n g s W W T P E n e r g y In d u s t r i e s $3 4 , 4 1 7 _ _ _ 4 1 4 J u n - 1 1 D e c - 1 1 C l - O u t Co m p l e t e - c l o s e o u t i n p r o g r e s s . W e p l a n o n p r o c e e d i n g w i t h a s e c o n d p h a s e i n s u m m e r 2 0 1 2 t o t a k e a d v a n t a g e o f e n e r g y in c e n t i v e s . No n - P o t a b l e W a t e r P u m p Mo d i f i c a t i o n f o r E n e r g y S a v i n g s W W T P C i t y $4 0 , 0 0 0 $1 5 , 0 0 0 _ _ 4 1 4 M a r - 1 2 D e c - 1 2 D e s Re c e i v e d a u t h o r i z a t i o n f r o m P U D t o b e g i n w o r k . Od o r C o n t r o l P r o j e c t W W T P B r o w n & Ca l d w e l l $1 . 4 M _ _ _ 4 1 4 2 0 0 9 M a y - 1 1 C l - o u t Co m p l e t e - t h e p r o j e c t w a s s u b s t a n t i a l l y c o m p l e t e d 5 / 2 0 / 2 0 1 1 - st i l l a w a i t n g f i n a l d o c u m e n t s f o r c l o s e - o u t f r o m t h e v e n d o r . Ou t f a l l D i f f u s e r M o d i f i c a t i o n f o r En e r g y S a v i n g s WW T P R o s e d a l e Ma r i n e $4 4 , 7 7 5 _ _ _ 4 1 4 S e p - 1 1 D e c - 1 1 C l - O u t Co m p l e t e . Ro o f R e p l a c e m e n t f o r T h r e e Bu i l d i n g s WW T P W e t h e r h o l t $ 2 6 0 , 0 0 0 $2 6 , 0 0 0 _ _ 4 1 4 M a r - 1 2 O c t - 1 2 D e s P r e p a r i n g t o a d v e r t i s e f o r c o n s t r u c t i o n d u r i n g d r y s e a s o n 20 1 2 . ( A p r i l - S e p t . 2 0 1 2 ) Ru s t R e m o v a l a n d S t e e l R e c o a t i n g on S e c o n d a r y C l a r i f i e r s WW T P C i t y $3 0 , 0 0 0 _ _ _ 4 1 4 M a y - 1 2 A u g - 1 2 O n - H o l d Th i s p r o j e c t h a s b e e n p u s h e d o u t t o 2 0 1 3 . VF D R e p l a c e m e n t s WW T P C i t y $1 0 0 , 0 0 0 $1 0 , 0 0 0 _ _ 4 1 4 F e b - 1 2 M a y - 1 2 D e s Bi d s a r e i n , d r a f t i n g c o n t r a c t d o c u m e n t s . Pr e De s RO W Ad Co n Cl - O u t St u d y St u d y Ri g h t - o f - W a y A c q u i s i t i o n Ad v e r t i s e f o r C o n t r u c t i o n B i d s ** A c t i v e P h a s e Pr e l i m i n a r y D e s i g n De s i g n Co n s t r u c t i o n Cl o s e - o u t C o n s t r u c i o n C o n t r a c t 4/ 5 / 2 0 1 2 P A G E 4 Pa c k e t Pa g e 18 4 of 20 3    AM-4707     4. F.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted For:Curt Zuvela Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Authorization to advertise a Request for Bids for construction services for the Wastewater Treatment Plant Reroofing Project. Recommendation from Mayor and Staff Forward item to the consent agenda for approval at the April 17, 2012 Council meeting. Previous Council Action None. Narrative The Wastewater Treatment Plant Reroofing project will replace the roof for buildings 100, 300 and 600. Staff will select a contractor to build the project using the selection process outlined in the City’s purchasing policy. The construction is expected to start late spring 2012 and be completed by the end of summer 2012. The total estimated cost for this project is $362,000. The funding for this project comes from the 414-WWTP Utility fund and was approved by Council in the 2012 Capital Budget. Approximately 50% of this project will be reimbursed from other agencies. Form Review Inbox Reviewed By Date Engineering Robert English 04/04/2012 04:13 PM City Clerk Sandy Chase 04/04/2012 04:23 PM Mayor Dave Earling 04/06/2012 08:51 AM Final Approval Sandy Chase 04/06/2012 08:57 AM Form Started By: Megan Cruz Started On: 04/04/2012 10:44 AM Final Approval Date: 04/06/2012  Packet Page 185 of 203    AM-4702     4. G.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted For:Ed Sibrel Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Authorization to advertise a Request for Bids for construction services for the 2012 Waterline Overlay Project. Recommendation from Mayor and Staff Forward item to the consent agenda for Council acceptance at the April 17, 2012 Council meeting. Previous Council Action None. Narrative The project is related to the newly-completed 2010 and 2011 Waterline Replacement Projects, wherein certain roadways in deteriorating condition will not be sufficiently rehabilitated by typical trench-patching methods, become candidates for a wider-scale overlay. The work is comprised of a one-lane 2” depth grind and overlay of 5th Avenue South from Elm Way to Walnut Street, and the following residential streets: Edmonds Street from 9th Ave North to Hummingbird Park; 10th Place North from Edmonds Street to the road end; Skyline Drive, and 192nd Street SW from 88th Avenue W west to the road end, together with a spot grind and patch at the intersection of West Dayton Street and the entrance to Harbor Square. The total estimated costs for this project is $306,400. The funding for this project comes from the 412-100 Water Utility Fund. Attachments Attachment 1-Project Site Map Form Review Inbox Reviewed By Date Engineering Robert English 04/05/2012 10:30 AM Public Works Kody McConnell 04/05/2012 11:01 AM City Clerk Sandy Chase 04/05/2012 02:20 PM Mayor Dave Earling 04/06/2012 08:40 AM Final Approval Sandy Chase 04/06/2012 08:57 AM Form Started By: Megan Cruz Started On: 04/03/2012 03:49 PM Final Approval Date: 04/06/2012  Packet Page 186 of 203 Packet Page 187 of 203 Packet Page 188 of 203    AM-4706     4. H.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted For:Curt Zuvela Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Authorization to advertise a Request for Bids for construction services for the Aeration Basin #1 Modifications Project. Recommendation from Mayor and Staff Forward item to the consent agenda for approval at the April 17, 2012 Council meeting. Previous Council Action None. Narrative The Wastewater Treatment Plant Aeration Basin #1 Modification project will change this basin from a complete mix tank to a plug flow tank. This will be accomplished through the erection of two baffle walls. At the same time the existing diffusers will be removed and replaced with new panel style diffusers. In addition the pre-mix box will be modified with the addition of a new outlet hole. The existing inlet pipe will be plugged and abandoned in place. The modifications will make Aeration Basin #1 more energy efficient and it will have better process control. Staff will select a contractor to build the project using the selection process outlined in the City’s purchasing policy. The construction is expected to start early summer 2012 and be completed by the end of summer 2012. The total estimated cost for this project is $237,000. The funding for this project comes from the 414-WWTP Utility fund and was approved by Council in the 2012 Capital Budget. This project has an incentive from Snohomish County Public Utility District #1 of up to $50,000.  Also approximately 50% of this project will be reimbursed from other agencies. Form Review Inbox Reviewed By Date Engineering Robert English 04/04/2012 04:10 PM City Clerk Sandy Chase 04/04/2012 04:23 PM Mayor Dave Earling 04/06/2012 08:54 AM Final Approval Sandy Chase 04/06/2012 08:57 AM Form Started By: Megan Cruz Started On: 04/04/2012 10:33 AM Final Approval Date: 04/06/2012  Packet Page 189 of 203 Packet Page 190 of 203    AM-4719     4. I.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted For:Rob English Submitted By:Robert English Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Authorization to approve Temporary Construction Easements for the Main Street (5th Ave - 6th Ave) Improvement Project. Recommendation from Mayor and Staff Approve Temporary Construction Easements. Previous Council Action None. Narrative In 2010, the City was successful in securing a $725,000 grant to add historic decorative street lighting and replace sidewalks, curb and gutter on Main Street between 5th and 6th Avenues. The grant is funded by the federal transportation enhancement program and a local match is not required. The project will install new light poles and decorative poles for planter baskets and artist made elements. The new sidewalk will improve pedestrian safety by replacing sidewalk that has been displaced by existing street trees along the corridor. The existing street trees will be removed due to the damage they are causing to the surrounding infrastructure and replaced with new street trees that are better suited for this location.  Staff is pursuing additional funding to increase the scope of improvements within this corridor to enhance the project. The options include the addition of street furniture, a mid-block pedestrian crossing, fiber optic service, relocation of overhead power to an adjacent alley, street pavement reconstruction and use of low impact stormwater devices and materials. The project requires two temporary construction easements (TCE) from the property owners at 555 Main Street and the vacant/parking lot between Galley North and Glazed & Amazed.   The required TCE areas are 126 square feet from 555 Main Street and 200 square feet from the vacant/parking lot.  The right of way consultant will be working with each property owner to have them execute the documents. The costs to acquire the TCE's will be paid by the 112 Street Construction Fund.  Staff recommends the TCE documents be placed on consent agenda for a future City Council meeting after the documents have been signed by the property owners.     Packet Page 191 of 203 Attachments Main St.(5th-6th) Plan Form Review Inbox Reviewed By Date Engineering Robert English 04/05/2012 12:03 PM City Clerk Sandy Chase 04/05/2012 05:57 PM Mayor Dave Earling 04/06/2012 08:45 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Robert English Started On: 04/05/2012 10:35 AM Final Approval Date: 04/06/2012  Packet Page 192 of 203 Packet Page 193 of 203    AM-4715     4. J.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Committee: Planning, Parks, Public Works Type: Action Information Subject Title Resolution for RCO grant for City Park Recommendation from Mayor and Staff PPP Committee approve for consent of full Council Previous Council Action Narrative The Recreation Conservation Office has an open granting cycle for the WWRP program for local parks. One of the Parks, Recreation, and Open Space Plan and CIP priotities for our local parks is the revitalization of City Park.  This is an opportunity for the City to apply for grant funds to match the already budgeted funds in order to replace the City Park playground equipment, and to add a spray park.  One of the grant requirements is that the Mayor sign a resolution to demonstrate the City's commitment to this project. Attachments Resolution for City Park Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/05/2012 02:20 PM Mayor Dave Earling 04/06/2012 08:48 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Carrie Hite Started On: 04/05/2012 09:24 AM Final Approval Date: 04/06/2012  Packet Page 194 of 203 Local Agency Washington Wildlife and Recreation Program Authorizing Resolution Development Type Projects Organization Name City of Edmonds Resolution No.______________________ Project Name(s) City Park Play & Spray Area Revitalization This is a resolution that authorizes submitting application(s) for grant funding assistance for Washington Wildlife and Recreation Program project(s) to the Recreation and Conservation Office as provided in Chapter 79A.15 RCW, Acquisition of habitat conservation and outdoor recreation lands, WAC 286 and subsequent Legislative action. WHEREAS, our organization has approved a comprehensive parks and recreation plan or habitat conservation plan that includes this project; and WHEREAS, under the provisions of the Washington Wildlife and Recreation Program (WWRP), state grant assistance is requested to aid in financing the cost of City Park Play & Spray Area Revitalization; and WHEREAS, our organization considers it in the best public interest to complete the project described in the application(s); NOW, THEREFORE, BE IT RESOLVED that: 1. The Mayor of Edmonds is authorized to make formal application to the Recreation and Conservation Office for grant assistance; 2. Any grant assistance received will be used for direct costs associated with implementation of the project referenced above; 3. Our organization hereby certifies that our matching share of project funding will be derived from REET, private funds and City labor and that we are responsible for supporting all non-cash commitments to this project should they not materialize. 4. We acknowledge that the grant assistance, if approved, will be paid on a reimbursement basis, meaning we will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to our vendors, and that the Recreation and Conservation Office will hold retainage until the project is deemed complete. 5. We acknowledge that any facility developed through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public at reasonable hours and times of the year according to the type of area or facility unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board. 6. We acknowledge that any facility developed with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public outdoor recreation purposes, and be retained and maintained for such use for perpetuity unless otherwise provided and agreed to by our organization and the Recreation and Conservation Funding Board. 7. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance; and 8. We provided appropriate opportunity for public comment on this application. This resolution was adopted by our organization during the meeting held: Location City Council Chambers, 250 5th Avenue N, Edmonds, WA 98020 Date April 17, 2012 Signed and approved by the following authorized representative: Signed Title Mayor Date Attest: Approved as to form Packet Page 195 of 203    AM-4716     4. K.              City Council Meeting Meeting Date:04/10/2012 Time:5 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Committee: Planning, Parks, Public Works Type: Action Information Subject Title Resolution for RCO grant for Sunset Overlook Park Recommendation from Mayor and Staff PPP forward to full Council for consent. Previous Council Action Narrative The Recreation Conservation Office of Washington State has an open grant cycle for WWRP trails.  This resolution confirms the commitment by the City to support this project.  This project is in the PROS plan, and has been a recently focused priority by the City. Attachments Resolution for Sunset Overlook Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/05/2012 02:20 PM Mayor Dave Earling 04/06/2012 08:47 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Carrie Hite Started On: 04/05/2012 09:37 AM Final Approval Date: 04/06/2012  Packet Page 196 of 203 Local Agency Washington Wildlife and Recreation Program Authorizing Resolution Development Type Projects Organization Name City of Edmonds Resolution No.______________________ Project Name(s) Sunset Avenue Overlook This is a resolution that authorizes submitting application(s) for grant funding assistance for Washington Wildlife and Recreation Program project(s) to the Recreation and Conservation Office as provided in Chapter 79A.15 RCW, Acquisition of habitat conservation and outdoor recreation lands, WAC 286 and subsequent Legislative action. WHEREAS, our organization has approved a comprehensive parks and recreation plan or habitat conservation plan that includes this project; and WHEREAS, under the provisions of the Washington Wildlife and Recreation Program (WWRP), state grant assistance is requested to aid in financing the cost of Sunset Avenue Overlook; and WHEREAS, our organization considers it in the best public interest to complete the project described in the application(s); NOW, THEREFORE, BE IT RESOLVED that: 1. The Mayor of Edmonds is authorized to make formal application to the Recreation and Conservation Office for grant assistance; 2. Any grant assistance received will be used for direct costs associated with implementation of the project referenced above; 3. Our organization hereby certifies that our matching share of project funding will be derived from WSDOT bicycle/pedestrian grant funding and City labor and that we are responsible for supporting all non-cash commitments to this project should they not materialize. 4. We acknowledge that the grant assistance, if approved, will be paid on a reimbursement basis, meaning we will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to our vendors, and that the Recreation and Conservation Office will hold retainage until the project is deemed complete. 5. We acknowledge that any facility developed through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public at reasonable hours and times of the year according to the type of area or facility unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board. 6. We acknowledge that any facility developed with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public outdoor recreation purposes, and be retained and maintained for such use for perpetuity unless otherwise provided and agreed to by our organization and the Recreation and Conservation Funding Board. 7. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance; and 8. We provided appropriate opportunity for public comment on this application. This resolution was adopted by our organization during the meeting held: Location City Council Chambers, 250 5th Avenue North, Edmonds, WA 98020 Date April 17, 2012 Signed and approved by the following authorized representative: Signed Title Mayor Date Attest: Approved as to form Packet Page 197 of 203    AM-4722     4. L.              City Council Meeting Meeting Date:04/10/2012 Time:  Submitted By:Carrie Hite Department:Parks and Recreation Committee: Planning, Parks, Public Works Type: Action Information Subject Title Senior Center Agreement 2012 Recommendation from Mayor and Staff Forward to full Council on consent to authorize Mayor to sign agreement. Previous Council Action Narrative This agreement is the same as previous years. It is to support the Senior Center, granting them $60,000 in consideration for providing services to Edmonds residents. This amount was adopted in the budget for 2012.  Attachments 2012 Sr. Ctr. Agreement Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/05/2012 02:21 PM Mayor Dave Earling 04/06/2012 08:48 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Carrie Hite Started On: 04/05/2012 12:58 PM Final Approval Date: 04/06/2012  Packet Page 198 of 203 {WSS759635.DOC;1\00006.900000\ }1 RECREATIONAL SERVICES AGREEMENT 2012 BETWEEN THE CITY OF EDMONDS, WASHINGTON AND THE SOUTH COUNTY SENIOR CENTER The following is an agreement between the CITY OF EDMONDS, Washington (hereinafter referred to as the "City"), a municipal corporation, and the SOUTH COUNTY SENIOR CENTER, INC. (hereinafter referred to as the "Senior Center"), a non-profit organization organized under the laws of the State of Washington. W I T N E S S E T H 1. The City agrees to pay the Senior Center for the calendar year 2012 the sum of sixty thousand dollars ($60,000) in equal installments of five thousand dollars ($5,000) on or before the fifteenth of each month. 2.In consideration of said funds the Senior Center agrees to provide and augment the recreational activities of the City by providing recreational and social service programs to senior citizens of Edmonds. The parties agree that it is to the mutual benefit of both signators hereto to have the Senior Center plan and program said recreational and social service activities for senior citizens of Edmonds rather than the City establishing a separate recreational program of its own due to the economies and efficiencies that may be achieved by such mutual cooperation between the parties. All programs of the Center shall be available to eligible Edmonds citizens at the same cost, if any, or at a reduced rate below that to which such programs are available to the general senior population. 3. The funds received by the Senior Center under this Agreement shall be used exclusively for the purposes of providing recreational and social service programs or to help fund recreational classes and social service programs for senior citizens of Edmonds for the calendar year 2012. Any funds not so used shall be refunded to the City and the failure to utilize the funds for the purposes enumerated in this agreement shall be grounds for termination of this agreement without notice by the City. The Senior Center shall account for the expenditures of all such funds received by it from the City on an annual or more frequent basis and shall provide a statement in the form prescribed by the City through its Finance Director, or other authorized official, evidencing the nature and manner of expenditures of these funds and providing the City with substantiation that these funds have been used for the purposes enumerated. The Senior Center shall maintain its financial records in accordance with generally accepted accounting practice and shall make such records available for inspection during normal business hours by the City, the State Auditor or their designee(s). In the event the Senior Center expends any of these funds for purposes other than enumerated, and such expenditures are deemed to be a violation of the provisions of the Constitution or the laws of the State of Washington, the City may, at its alternative, Packet Page 199 of 203 {WSS759635.DOC;1\00006.900000\ }2 discontinue all further payments hereunder and/or seek restitution of those sums which have been unconstitutionally expended by the Senior Center. 4. The Senior Center agrees to protect, indemnify and save the City, its officers, agents and employees harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands and causes of action of every kind and character arising directly or indirectly or in any way incident to, in connection with, or arising out of or under the terms of this Agreement, caused by the fault of the Senior Center, its agents, employees, representatives or subcontractors. The Senior Center specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its employees or subcontractors and waives any immunity that the Senior Center may have under that title with respect to the City. The Senior Center further agrees to fully indemnify the City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. This section shall not apply to damages or claims resulting from the sole negligence of the City, in which event the laws of the State of Washington shall govern the parties’ respective liabilities. 5. The Senior Center shall secure and maintain in full force and effect during performance of all work pursuant to this agreement a policy of comprehensive general liability insurance providing coverage of at least $1,000,000 per occurrence and $3,000,000 aggregate for personal injury; $250,000 per occurrence and aggregate for property damage. Such policy shall list the City as a named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this document. 6. The Senior Center shall be and is an independent contractor and nothing herein shall be interpreted to create an employment relationship between the City and the Senior Center or with any employee of either the City or the Senior Center with respect to employees of the other party. The Senior Center agrees to hold harmless and indemnify the City from any and all employee related costs arising from or out of a claim by any of its employees against the City of Edmonds for wages, costs or benefits relating to such employee's employment by the Senior Center. 7. The Senior Center agrees to maintain current records containing the residence addresses of the persons who utilize the services during the calendar year of the contract and provide a yearend report on total number of Edmonds residents accessing services and the true and actual numbers of service hours provided to all clientele. 8. Either party may terminate this Agreement without cause upon providing 30 days written notice to the other Party; PROVIDED, that the City may terminate this Agreement effective immediately for breach of paragraph 3 or 5. Termination shall not affect the Senior Center’s obligation to protect, indemnify, and hold harmless the City as provided hereunder. This agreement shall be automatically renewed for each successive year unless revoked in writing by one of the parties prior to November 30th of the current year; unless terminated as provided herein. Packet Page 200 of 203 {WSS759635.DOC;1\00006.900000\ }3 DATED this _______ day of ____________, 2012. CITY OF EDMONDS:SOUTH COUNTY SENIOR CENTER, INC. By: Mayor David O. Earling Its: ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Sharon Cates, Lighthouse Law Group Packet Page 201 of 203    AM-4712     5. A.              City Council Meeting Meeting Date:04/10/2012 Time:30 Minutes   Submitted For:Council President Peterson Submitted By:Jana Spellman Department:City Council Committee: Public Safety, Personnel Type: Information Information Subject Title Discussion regarding Ethics Boards and/or Code of Ethics for City Council. Recommendation from Mayor and Staff Previous Council Action At the 2012 Council retreat, Council made this subject a priority for 2012 (see attached minutes). Narrative Many cities throughout Washington have enacted codes of ethics and/or created ethics boards. This helps guide Council members’ actions and is a specific reference if questions arise as to a Council member’s conduct. The Municipal Research and Services Center (MRSC) of Washington has numerous examples of ethics codes and boards. You can access that link at: http://www.mrsc.org/subjects/personnel/ethics.aspx. This is a preliminary discussion at committee. A recommendation to full Council as to how to proceed would be appropriate. Attachments Attachment: 2012 Council Retreat Minutes Form Review Inbox Reviewed By Date City Clerk Sandy Chase 04/05/2012 02:20 PM Mayor Dave Earling 04/06/2012 08:44 AM Final Approval Sandy Chase 04/06/2012 08:58 AM Form Started By: Jana Spellman Started On: 04/05/2012 08:38 AM Final Approval Date: 04/06/2012  Packet Page 202 of 203 Edmonds City Council Retreat Draft Minutes February 2-3, 2011 Page 17 before the Council is first a committee meeting or work session. Issues that have a financial impact will be discussed at a work session rather than just by the Finance Committee. It was the consensus of the Council to change the name of the Community Services/Development Services Committee to the Public Works, Parks and Planning Committees. • Mission Statements Committees will determine whether to develop a mission statement. Councilmembers Buckshnis and Yamamoto will develop a mission statement for the Finance Committee. • Clarify the Public Safety/Human Resources Committee It was the consensus of the Council to change the name of the Public Safety/Human Resources to Committee to the Public Safety and Personnel Committee. • Community Outreach, Tree Board Council President Peterson explained there has been a proposal to restart the Community Outreach Committee. Councilmember Plunkett recalled the Community Outreach Committee was discontinued after 3 years; no new methods of communicating were identified. Mayor Earling commented on the potential for an electronic newsletter. Discussion followed regarding whether to form a code rewrite committee so that the code rewrite is Council and citizen driven, technical expertise required for the code rewrite, having staff make periodic presentations at Council work sessions regarding the rewrite, the proposal by staff to restructure the code, providing opportunity for citizen comment but having professionals assemble the changes, citizen knowledge that could benefit the process, concern with citizens participating for their own benefit or at least that perception, proposal to have user groups test the model, ability for any citizen to identify code conflicts regardless of whether there is a committee structure, and asking staff whether forming a committee in the future could be helpful. The Council agreed to seek feedback from Planning Manager Rob Chave and Building Official Leonard Yarberry regarding forming a code rewrite committee and schedule further discussion on a work session agenda. Council President Peterson suggested enhancing the Council portion of the website with more updates, etc. and working with the Mayor on an electronic newsletter and then consider whether a Community Outreach Committee is needed. It was the consensus of the Council to add a Council liaison to the Tree Board and to make it a paid committee position. • Ethics Council President Peterson recalled there has been discussion about developing a code of ethics for Councilmembers. Councilmembers Fraley-Monillas, Bloom and Petso offered to serve on an ad hoc committee that would review other cities’ codes and present a draft to the Council. • Miscellaneous Mr. Taraday explained a special meeting notice must be issued for Tuesday committee meetings that begin at 6:00 p.m. If the Council wished to continue holding committee meetings at 6:00 p.m., he suggested revising the code to reflect that start time. Packet Page 203 of 203