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2014.01.14 CC Committee Meeting Agenda Packet              AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds City Council Committee Meetings January 14, 2014 6:00 p.m.   The City Council Committee meetings are work sessions for the City Council and staff. Members of the public are welcome to observe the meeting, but public participation is limited to making comments at the end of the meeting with a 3 minute limit per person.             1.Finance Committee Meeting Location: Jury Meeting Room   A.(5 Minutes) AM-6484 Police Surplus Property   B.(5 Minutes) AM-6485 Amendment of Certain Dog Licensing Fees (ECC 5.05.020)   C.(5 Minutes) AM-6486 Contract for Services with PETDATA, INC. for Dog Licensing   D.(10 Minutes) AM-6474 2013 November Budgetary Financial Report   E.(10 Minutes) AM-6471 2013 General Fund Revenue Analysis through 11/30.   F.(5 Minutes) AM-6470 Ordinance implementing residential parking permit fee increase in accordance with the 2014 adopted City budget.   G.(5 Minutes) AM-6473 Interlocal Agreement with Public Hospital District No. 2, Snohomish County to Provide an Exercise Program   H.(10 Minutes)Public comments (3-minute limit per person)   2.Parks, Planning & Public Works Committee Meeting Location:  Council Chamber   A.(10 Minutes)Docket of Proposed Comprehensive Plan Amendment and proposed re-zone for Unocal       Packet Page 1 of 317 A.(10 Minutes) AM-6495 Docket of Proposed Comprehensive Plan Amendment and proposed re-zone for Unocal lower yard. [Note: this item is continued from the December 10, 2013 Council Committee meeting. The material included here is the same as was included in that agenda item, with the addition of the 12/10/2013 Committee minutes.]   B.(5 Minutes) AM-6482 Authorization for Mayor to sign a grant agreement with the Transportation Improvement Board for the 228th St. SW Corridor Improvement project   C.(10 Minutes) AM-6483 Authorization for Mayor to sign Local Agency Standard Consultant Agreement with KPG  for the 236th  St. SW Walkway project and Professional Service Agreements for the 15th St. SW Walkway and 238th St. SW Walkway projects   D.(10 Minutes) AM-6489 Discussion and potential action regarding modifying or terminating Sunset Walkway Project   E.(5 Minutes) AM-6480 Authorization for Mayor to sign the First Amendment to the Interlocal Agreement with the Lake Ballinger/McAleer Creek Watershed Forum.   F.(5 Minutes) AM-6481 Quarterly Public Works Project Report   G.(5 Minutes) AM-6488 Authorization for Mayor to approve acceptance and recording of an Asset Transfer Agreement for 645 9th Avenue North   H.(5 Minutes) AM-6479 Authorization for Mayor to approve acceptance and recording of a Deed of Dedication for 321 2nd Ave N   I.(5 Minutes) AM-6494 Discussion on the 2014 Pavement Preservation Program   J.(10 Minutes)Public comments (3-minute limit per person)   3.Public Safety and Personnel Committee Meeting Location:  Police Training Room   A.(15 Minutes) AM-6461 Discussion and potential action on resolution adopting policy regarding Councilmember participation by speaker phone or other technology.   B.(10 Minutes)Public comments (3-minute limit per person)         Packet Page 2 of 317    AM-6484     1. A.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted By:James Lawless Department:Police Department Committee: Finance Type: Action Information Subject Title Police Surplus Property Recommendation Staff recommends that all property other than the ballistic vests be sent to Propertyroom.com for auction, or be disposed of as noted in the attached document.  Staff recommends and requests that this agenda item be forwarded to the full Council for approval via the Consent Cgenda. Previous Council Action N/A Narrative From time to time the Police Department has surplus property that must be disposed of.  The items listed in the attached document are no longer used by the department because they are either outdated or no longer servicable.  The property listed will either be auctioned, destroyed, or in the case of the ballistic vests, returned to the manufacturer for recycling. Attachments December 2013 Surplus Property List Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/09/2014 08:01 AM Mayor Dave Earling 01/09/2014 08:35 AM Finalize for Agenda Scott Passey 01/09/2014 08:39 AM Form Started By: James Lawless Started On: 01/08/2014 05:24 PM Final Approval Date: 01/09/2014  Packet Page 3 of 317 Da t e As s e t / T a g # Pr o p e r t y D e s c r i p t i o n B r a n d Mo d e l # S e r i a l # Co n d i t i o n Pu r c h a s e Pr i c e Pu r c h a s e Da t e Es t . F M V (n e t d i s p o s a l co s t s ) Mi n i m u m Pr i c e ( i f ap p l i c a b l e ) I n t e n d e d D i s p o s a l M e t h o d Notes 8/ 7 / 2 0 1 2 3 U S B c e l l p h o n e ch a r g e r s W o r k i n g U n k n o w n U n k n o w n $1 0 Pr o p e r t y B u r e a u t o s e l l 2/ 1 / 2 0 1 3 3 8 4 1 - 1 Ba l l i s t i c V e s t A B A XT 2 - 2 07 2 1 4 4 4 1 / 1 4 4 4 2 E x p i r e d $ 7 6 1 1 0 / 2 9 / 2 0 0 8 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 3/ 1 / 2 0 1 3 3 8 5 4 - 1 Ba l l i s t i c V e s t X t r e m e XT 3 A - 2 0 8 0 8 4 4 8 6 / 4 4 8 7 Ex p i r e d $ 7 6 1 7 / 1 / 2 0 0 8 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 8 / 2 0 1 3 3 7 9 0 Ba l l i s t i c V e s t X t r e m e XT 3 A - 2 0 7 1 1 3 8 3 4 / 3 8 3 5 Ex p i r e d $ 7 0 7 3 / 9 / 2 0 0 7 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 7/ 1 / 2 0 1 3 3 5 8 5 Ba l l i s t i c V e s t A B A XT 3 A - 2 0 5 0 6 5 9 5 7 / 5 9 5 8 Ex p i r e d U n k n o w n 7 / 1 / 2 0 0 5 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 7/ 1 / 2 0 1 3 3 6 1 7 Ba l l i s t i c V e s t A B A XT 3 A - 2 0 6 0 0 2 8 7 0 / 2 8 7 2 Ex p i r e d $ 7 0 7 2 / 2 1 / 2 0 0 6 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 7/ 3 0 / 2 0 1 3 3 5 3 3 Ba l l i s t i c V e s t A B A XT 3 A - 2 0 3 1 0 6 0 7 3 / 6 0 7 4 Ex p i r e d U n k n o w n 1 2 / 2 6 / 2 0 0 3 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 36 1 6 B a l l i s t i c V e s t A B A XT 3 A - 2 0 6 0 0 2 8 6 6 / 2 8 6 9 Ex p i r e d $7 0 7 2/ 1 / 2 0 0 6 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 26 2 2 B a l l i s t i c V e s t A m e r i c a n B o d y N9 6 2 1 8 8 0 / 1 8 8 1 Ex p i r e d Un k n o w n 6/ 1 / 1 9 9 6 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 32 5 9 B a l l i s t i c V e s t X T R E M E X T 3 A - 1 0 1 0 0 3 4 5 9 A / 0 1 0 0 3 46 0 A Ex p i r e d Un k n o w n 3/ 1 / 2 0 0 1 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 5/ 1 / 2 0 1 1 36 1 9 B a l l i s t i c V e s t A B A XT 3 A - 2 0 6 0 0 0 4 1 5 / 0 6 0 0 0 4 16 Ex p i r e d $7 0 7 2/ 1 / 2 0 0 6 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 10 / 2 6 / 2 0 1 1 3 6 8 8 Ba l l i s t i c V e s t A B A XT 3 A - 2 06 1 3 5 4 2 1 / 0 6 1 3 5 4 2 2 Ex p i r e d $ 7 0 7 1 0 / 1 / 2 0 0 6 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 89 7 B a l l i s t i c V e s t P o i n t B l a n k M o d # 1 5 U n a b l e t o r e a d Ex p i r e d Un k n o w n Un k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 1/ 1 / 2 0 1 3 3 3 4 3 Ba l l i s t i c V e s t x t r e m e XT 3 A - 2 0 2 0 0 4 8 4 9 A / 4 8 5 0 A E x p i r e d U n k n o w n 3 / 1 5 / 2 0 0 2 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 1/ 1 / 2 0 1 3 3 7 0 0 Ba l l i s t i c V e s t A B A XT 3 A - 2 0 6 1 4 4 0 3 2 / 4 0 3 3 Ex p i r e d 7 0 7 $ 1 1 / 1 / 2 0 0 6 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 Ba l l i s t i c V e s t S a f a r i l a n d 5 4 0 0 5 2 / 5 3 4 6 2 6 E x p i r e d U n k n o w n 1 9 8 7 ? $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 3/ 1 / 2 0 1 3 3 3 4 7 Ba l l i s t i c V e s t X t r e m e XT 3 A - 2 0 2 0 0 5 0 8 9 A / 5 0 9 0 A E x p i r e d U n k n o w n 3 / 1 6 / 2 0 0 2 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 6/ 2 5 / 2 0 1 3 2 8 9 1 Ba l l i s t i c V e s t A B A 98 4 7 0 8 3 Ex p i r e d 7/ 1 / 1 9 9 8 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 3 3 3 6 B a l l i s t i c V e s t A B A XT 3 A - 2 0 2 0 0 0 7 9 5 A / 0 2 0 0 0 79 8 A Ex p i r e d U n k n o w n 2 / 1 2 / 2 0 0 2 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 38 0 0 B a l l i s t i c V e s t A B A XT 3 A - 2 0 7 1 4 2 2 9 7 / 2 3 0 0 Ex p i r e d $7 0 8 6/ 5 / 2 0 0 7 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 35 6 8 B a l l i s t i c V e s t A B A XT 3 A - 2 0 5 0 3 3 4 5 6 / 3 4 5 7 Ex p i r e d Un k n o w n 5/ 1 2 / 2 0 0 5 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 20 2 1 B a l l i s t i c V e s t S e c o n d c h a n c e 3 2 2 Z - I I + 2 2 2 0 1 1 7 Ex p i r e d $2 1 0 2/ 2 8 / 1 9 9 1 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 Ba l l i s t i c V e s t A B A XT 3 A - 2 0 4 0 8 7 7 1 5 / 7 7 1 6 Ex p i r e d Un k n o w n Un k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 0 2 2 8 B a l l i s t i c V e s t S e c o n d C h a n c e 3 2 2 Z - I I + 2 1 0 1 1 2 8 0 Ex p i r e d U n k n o w n 3 / 1 / 1 9 9 1 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 Ba l l i s t i c V e s t Ar m o u r o f Am e r i c a 14 9 7 5 Ex p i r e d U n k n o w n U n k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 2 1 5 Fl a c k V e s t 2n d C h a n c e Y2 W T 46 0 6 8 1 Ex p i r e d $ 4 8 9 4 / 1 / 1 9 8 6 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 21 7 F l a c k V e s t 2n d C h a n c e Y 2 W T 46 0 6 8 3 Ex p i r e d $4 8 9 4/ 2 5 / 1 9 8 6 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 Fl a c k V e s t 2n d C h a n c e Y2 W T 45 0 2 6 8 Ex p i r e d U n k n o w n U n k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 Ba l l i s t i c V e s t PA C A 12 4 2 2 9 4 8 ( b o t h ) Ex p i r e d U n k n o w n U n k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 3 0 7 9 B a l l i s t i c V e s t ( f r o n t ) AB A 16 0 2 N - 9 6 1 9 2 5 7 - A Ex p i r e d U n k n o w n U n k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 Ba l l i s t i c V e s t ( f r o n t ) 2n d C h a n c e Y2 + 64 1 2 5 2 Ex p i r e d U n k n o w n U n k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 Ba l l i s t i c V e s t ( b a c k ) A B A 10 2 - 2 N- 9 9 0 1 6 3 1 Ex p i r e d U n k n o w n U n k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 Ba l l i s t i c V e s t ( b a c k ) Un a b l e t o R e a d Ex p i r e d U n k n o w n U n k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 Ba l l i s t i c V e s t ( b a c k ) Un a b l e t o r e a d Ex p i r e d U n k n o w n U n k n o w n $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 2 4 6 3 Ba l l i s t i c V e s t P r o T e c h 98 0 8 8 0 0 7 8 Ex p i r e d U n k n o w n 9 / 1 / 1 9 9 5 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 2/ 1 / 2 0 1 3 Ba l l i s t i c V e s t , S W A T S a f a r i l a n d 11 7 2 6 4 6 Ex p i r e d U n k n o w n 2 0 0 2 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 4/ 1 / 2 0 1 1 3 6 1 4 B a l l i s t i c V e s t A B A XT 3 A - 2 0 6 0 0 2 8 6 7 / 0 0 2 8 6 8 E x p i r e d $ 7 0 7 2 / 1 / 2 0 0 6 $0 Re t u r n t o M f g o r f i b e r r e c y c l e r 5/ 2 1 / 2 0 1 2 Ba t t e r y V i d e o l i g h t C a n o n A m b i c o Mi c r o l i t e W o r k s U n k n o w n U n k n o w n $5 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 Ba t t e r y v i d e o l i g h t C a n o n VL - 1 0 L i W o r k s U n k n o w n U n k n o w n $ 5 0 Pr o p e r t y B u r e a u t o s e l l Packet Page 4 of 317 Da t e As s e t / T a g # Pr o p e r t y D e s c r i p t i o n B r a n d Mo d e l # S e r i a l # Co n d i t i o n Pu r c h a s e Pr i c e Pu r c h a s e Da t e Es t . F M V (n e t d i s p o s a l co s t s ) Mi n i m u m Pr i c e ( i f ap p l i c a b l e ) I n t e n d e d D i s p o s a l M e t h o d Notes 7/ 1 1 / 2 0 1 1 E P D 3 0 4 0 BP B T Al c o - S e n s o r I I I 10 2 7 6 7 1 Br o k e n U n k n o w n 2 / 1 / 1 9 9 9 $0 De s t r o y 5/ 1 / 2 0 1 1 EP D 3 9 0 3 C a m e r a Ca n o n A 1 1 0 0 i s 8 6 2 2 1 0 2 4 6 6 B r o k e n D o o r $1 8 8 8/ 1 / 2 0 0 9 $0 De s t r o y 7/ 1 / 2 0 1 1 E P D 3 1 6 8 Ca m e r a Vi v i t a r BV 3 5 D B Un k n o w n U n k n o w n 6 / 2 4 / 1 9 9 5 $ 2 0 Pr o p e r t y B u r e a u t o s e l l 7/ 1 / 2 0 1 1 E P D 2 7 9 2 Ca m e r a Po l a r o i d 30 0 0 A F Un k n o w n U n k n o w n 7 / 1 / 2 0 0 0 $5 Pr o p e r t y B u r e a u t o s e l l 7/ 1 / 2 0 1 1 E P D 9 9 4 Ca m e r a Mi n o l t a Fr e e d o m 2 3 3 7 2 6 6 0 Un k n o w n U n k n o w n 7 / 1 / 1 9 8 9 $ 1 0 Pr o p e r t y B u r e a u t o s e l l 7/ 1 / 2 0 1 1 E P D 2 9 3 5 Ca m e r a Po l a r o i d Sp e c t r a A F k i t D 8 X J A Y J 6 V H B E U n k n o w n U n k n o w n 1 0 / 1 / 1 9 9 8 $1 Pr o p e r t y B u r e a u t o s e l l 7/ 1 / 2 0 1 1 E P D 3 1 2 5 Ca m e r a Po l a r o i d Sp e c t r a A F k i t C Z 9 J H U R 4 V J B E U n k n o w n U n k n o w n 1 0 / 1 / 1 9 9 9 $1 Pr o p e r t y B u r e a u t o s e l l 2/ 1 / 2 0 1 3 4 1 5 4 Ca m e r a Ca n o n Po w e r s h o t A 4 9 0 1 1 2 0 6 2 0 1 4 9 7 8 Br o k e n $ 9 0 6 / 2 7 / 2 0 1 1 $0 De s t r o y 2/ 1 / 2 0 1 3 4 1 9 8 Ca m e r a Ca n o n Po w e r s h o t A 4 9 5 1 1 2 0 6 2 0 1 4 3 8 5 Br o k e n $ 1 1 8 4 / 3 0 / 2 0 1 2 $0 De s t r o y 8/ 1 / 2 0 1 3 3 9 2 9 Ca m e r a Ca n o n A1 1 0 0 i s 9 2 2 2 2 1 4 1 8 2 Br o k e n $ 1 4 2 2 / 1 / 2 0 1 0 $0 De s t r o y 4/ 1 / 2 0 1 1 EP D 3 1 4 8 50 m m c a m e r a l e n s Ca n o n 33 0 0 4 4 0 E W o r k s Un k n o w n 1 2 / 1 / 1 9 9 9 $5 Pr o p e r t y B u r e a u t o s e l l T h e s e g o t o g e t h e r 4/ 1 / 2 0 1 1 E P D 3 1 4 9 C a m e r a Ca n o n E l a n I I E 3 0 6 3 5 4 3 W o r k s U n k n o w n 1 2 / 1 / 1 9 9 9 $5 Pr o p e r t y B u r e a u t o s e l l T h e s e g o t o g e t h e r 4/ 1 / 2 0 1 1 E P D 3 1 8 5 2 8 - 8 0 m m c a m e r a le n s Ca n o n 38 1 1 0 0 1 W o r k s Un k n o w n 4/ 1 / 2 0 0 0 $5 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 Ca m e r a b a g - 1 l g W e s t e r n P a c k Go o d U n k n o w n U n k n o w n $1 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 Ca m e r a b a g s - 3 s m W e s t e r n P a c k Go o d U n k n o w n U n k n o w n $1 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 EP D 3 5 9 2 Ca s s e t t e R e c o r d e r M a r a n t z PM D 2 2 1 A 1 0 4 0 5 0 8 0 0 1 0 4 7 $4 0 3 9 / 1 / 2 0 0 5 $ 1 0 Pr o p e r t y B u r e a u t o s e l l 1/ 1 / 2 0 1 3 Ch a r g e r Un k n o w n U n k n o w n $1 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 E P D 2 2 5 2 Cl o t h b r i e f c a s e Av e r a g e U n k n o w n U n k n o w n $1 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 E P D 1 4 8 Co l o r T V / M o n i t o r P a n a s o n i c AC / D C F A 1 2 6 1 2 0 8 Un k n o w n U n k n o w n $ 2 5 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 De l u x e d i g i t a l Ch a r g e r / d i s c h a r g e r As t r o f l i g h t 11 0 Ne w U n k n o w n U n k n o w n $ 2 5 Pr o p e r t y B u r e a u t o s e l l 4/ 1 / 2 0 1 1 E P D 3 3 0 9 Di g i t a l c a m e r a Ol y m p u s C a m e d i a C 2 1 0 0 1 1 6 7 4 8 1 4 9 Do e s n ' t w o r k $5 4 3 1 2 / 5 / 2 0 0 1 $0 De s t r o y 5/ 1 / 2 0 1 1 EP D 3 5 7 3 D i g i t a l C a m e r a C a n o n A 9 5 42 6 3 2 5 6 6 6 1 Br o k e n $3 2 0 20 0 5 $0 De s t r o y 5/ 1 / 2 0 1 1 EP D 3 5 7 4 D i g i t a l C a m e r a C a n o n A 9 5 42 6 3 3 3 5 7 5 Br o k e n $3 2 0 20 0 5 $0 De s t r o y 5/ 1 / 2 0 1 1 EP D 3 7 7 6 D i g i t a l C a m e r a C a n o n A 9 5 42 6 3 2 8 5 0 8 Br o k e n $3 2 0 20 0 5 $0 De s t r o y 5/ 1 / 2 0 1 1 EP D 3 5 7 7 D i g i t a l C a m e r a C a n o n A 9 5 42 6 3 2 8 3 0 5 Br o k e n $3 2 0 20 0 5 $0 De s t r o y 5/ 2 1 / 2 0 1 2 E P D 3 3 3 4 Di g i t a l V i d e o Ca m C o r d e r Ca n o n XL 1 S 42 3 0 0 1 0 0 9 6 8 $3 , 9 1 6 2 / 1 / 2 0 0 2 $ 5 0 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 E D P 2 2 3 0 Di g i t a l V o i c e Re c o r d e r Ol y m p u s W S - 3 1 1 M 1 0 0 1 7 4 7 9 9 W o r k s U n k n o w n U n k n o w n $5 Pr o p e r t y B u r e a u t o s e l l 7/ 3 0 / 2 0 1 2 Fl a s h U n i t Ca n o n S p e e d l i t e 54 0 E Z O L O 2 1 1 W o r k s b u t n o t o n o u r c a m e r a Un k n o w n U n k n o w n $ 2 5 Pr o p e r t y B u r e a u t o s e l l 4/ 1 / 2 0 1 1 EP D 3 5 5 9 H a n d H e l d R a d a r D e c a t u r G H D GH D 0 3 8 9 1 Br o k e n $6 4 1 4/ 1 / 2 0 0 5 $0 De s t r o y 5/ 2 1 / 2 0 1 2 La p t o p b a g Ta r g u s Go o d U n k n o w n U n k n o w n $1 Pr o p e r t y B u r e a u t o s e l l 7/ 1 1 / 2 0 1 3 E P D 3 6 1 3 La p t o p C o m p u t e r P a n a s o n i c CF - 2 9 6B K S B 0 9 8 2 7 No H D , S c r e e n o k $4 , 3 9 6 2 / 1 5 / 2 0 0 6 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 6 1 1 La p t o p C o m p u t e r P a n a s o n i c CF - 2 9 6B K S B 0 8 2 6 6 $4 , 3 9 6 2 / 1 5 / 2 0 0 6 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 0 8 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 4 9 6 Ba d T S , K B g o o d $4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 0 9 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 5 2 5 N o F 1 2 k e y $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P F 3 7 1 0 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 5 9 3 A u d i o p r o b l e m s $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 1 1 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 4 5 4 G o o d s c r e e n $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 5 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 1 2 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 6 3 0 S c r e e n p o o r $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 1 3 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 4 1 1 G o o d s c r e e n $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 5 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 1 4 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 6 0 0 M i s s i n g k e y s $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 1 5 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 4 9 3 Ba d T o u c h s c r e e n $4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 1 6 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 5 8 4 Go o d K B , p o o r s c r e e n $4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e Packet Page 5 of 317 Da t e As s e t / T a g # Pr o p e r t y D e s c r i p t i o n B r a n d Mo d e l # S e r i a l # Co n d i t i o n Pu r c h a s e Pr i c e Pu r c h a s e Da t e Es t . F M V (n e t d i s p o s a l co s t s ) Mi n i m u m Pr i c e ( i f ap p l i c a b l e ) I n t e n d e d D i s p o s a l M e t h o d Notes 7/ 1 1 / 2 0 1 3 E P D 3 7 1 7 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7 A K S A 0 6 5 9 5 K e y s m i s s i n g $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 1 8 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 4 8 7 Go o d K B , b a d T S $4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 1 9 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 4 9 8 Go o d K B , T S b a d $4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 2 0 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 5 0 1 M i s s i n g F 6 $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 2 1 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 3 7 8 G o o d c o n d i t i o n $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 5 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 7 2 2 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 7A K S A 0 6 4 9 5 G o o d c o n d i t i o n $ 4 , 1 2 6 1 / 3 1 / 2 0 0 7 $ 1 t o $ 1 5 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 8 3 7 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 8B K S A 0 9 0 6 8 Go o d K B , s c r e e n $3 , 9 9 7 4 / 2 / 2 0 0 8 $ 1 t o $ 1 5 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 8 3 8 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 8B K S A 0 9 0 7 6 S c r e e n g o o d $ 3 , 9 9 7 4 / 2 / 2 0 0 8 $ 1 t o $ 1 5 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 8 4 9 La p t o p C o m p u t e r P a n a s o n i c CF - 3 0 8F K S B 5 6 9 7 1 Go o d K B , $ 4 , 3 0 6 6 / 3 0 / 2 0 0 8 $ 1 t o $ 1 5 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 7/ 1 1 / 2 0 1 3 E P D 3 5 9 8 La p t o p C o m p u t e r P a n a s o n i c CF - 5 1 51 T Y A 6 2 4 1 5 B a d h a r d w a r e $ 2 , 9 2 1 1 1 / 7 / 2 0 0 5 $ 1 t o $ 1 0 0 Tr a d e f o r n e w , o r P r o p e r t y B u r e a u t o s e l l i f c a n ' t t r a d e 8/ 1 / 2 0 1 3 La b e l M a c h i n e C a s i o E Z KL - 7 2 0 0 Wo r k i n g U n k n o w n U n k n o w n $ 2 5 Pr o p e r t y B u r e a u t o s e l l 8/ 1 / 2 0 1 3 La b e l T a p e Ca s i o XR 1 8 W E 2 s Un o p e n e d U n k n o w n U n k n o w n $ 2 0 Pr o p e r t y B u r e a u t o s e l l 5/ 1 / 2 0 1 1 Pa g i n g E q u i p m e n t M o t o r o l a Al p h a M a t e 2 5 0 5 1 6 E V N 2 5 C P Un k n o w n U n k n o w n U n k n o w n $ 5 0 Pr o p e r t y B u r e a u t o s e l l 9/ 7 / 2 0 1 2 E P D 3 9 4 6 Po w e r S h o t C a m e r a C a n o n A4 9 0 52 0 6 2 0 0 2 3 2 3 Br o k e n U n k n o w n 9 / 1 / 2 0 1 0 $0 De s t r o y No v Pr i n t e r Ca n o n MP 7 6 0 S 5 1 2 A 0 0 3 4 9 3 1 O b s o l e t e U n k n o w n U n k n o w n $5 Pr o p e r t y B u r e a u t o s e l l 11 / 1 / 2 0 1 2 Pr i n t e r Ca n o n PI X M A M P 7 6 0 S 1 4 4 7 9 A 0 0 3 Br o k e n U n k n o w n U n k n o w n $0 De s t r o y 7/ 1 / 2 0 1 1 E P D 3 5 4 0 Ra d a r G u n De c a t u r Ge n e s i s G H D 0 2 4 3 5 Br o k e n U n k n o w n 9 / 1 / 2 0 0 4 $0 De s t r o y 2/ 1 5 / 2 0 1 2 E P D 3 5 4 3 Ra d a r G u n De c a t u r Ge n e s i s G H D 0 2 4 4 7 Br o k e n U n k n o w n 9 / 1 / 2 0 0 4 $0 De s t r o y 1/ 1 / 2 0 1 3 3 5 4 1 Ra d a r G u n De c a t u r Ge n e s i s G H D 0 2 4 4 3 Br o k e n U n k n o w n 9 / 1 / 2 0 0 4 $0 De s t r o y 5/ 1 / 2 0 1 3 3 7 0 2 Ra d a r G u n De c a t u r Ge n e s i s G V P D 0 5 6 5 3 Br o k e n U n k n o w n 1 1 / 1 / 2 0 0 6 $0 De s t r o y 5/ 2 1 / 2 0 1 2 Sc a n J e t HP 45 7 0 C A M A Br o k e n U n k n o w n U n k n o w n $0 De s t r o y 11 / 7 / 2 0 1 1 E P D 9 9 2 Sc a n n e r Re a l i s t i c PR O - 2 0 0 9 5 - 1 0 7 9 0 6 Ob s o l e t e U n k n o w n 6 / 1 / 1 9 8 9 $5 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 Su r v e i l l a n c e mo n i t o r / c a m e r a Ja v e l i n BM W 1 Z B / P e l c o - V s 5 0 4 8 MO O 9 0 7 9 6 / 3 0 1 1 - 1 H Un k n o w n U n k n o w n $5 Pr o p e r t y B u r e a u t o s e l l 1/ 1 / 2 0 1 3 TV / V C R Sh a r p 25 U T - 6 6 0 3 3 4 0 2 3 Cr a c k e d c a s e U n k n o w n U n k n o w n $5 Pr o p e r t y B u r e a u t o s e l l 5/ 2 1 / 2 0 1 2 VC R JV C HP - 5 3 8 0 0 U 1 5 5 E 1 9 1 1 W o r k s U n k n o w n U n k n o w n $5 Pr o p e r t y B u r e a u t o s e l l Packet Page 6 of 317    AM-6485     1. B.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted By:James Lawless Department:Police Department Committee: Finance Type: Action Information Subject Title Amendment of Certain Dog Licensing Fees (ECC 5.05.020) Recommendation Staff recommends and requests that this agenda item be forwarded to full Council for approval via the Consent Agenda Previous Council Action This item was presented as part of the 2014 budgetary process and was included as part of a decision package addressing the utilization of an outside vendor for all aspects of pet licensing.  That decision package was approved by Council with the approval of the overall budget. Narrative As part of the 2014 budgetary process, a decision package was submitted by the Police Department that recommended the utilization of an outside vendor for all aspects of pet licensing.  This includes the issuance of licenses via an on-line application, the receipt of all associated fees, and the mailing of annual renewal notices to pet owners already licensed.  As part of the overall proposal, it was recommended that certain fees charged for licenses be raised as they had remained unchanged for over 25 years.  That decision package was approved as part of the overall 2014 budget.  As a result, all fee are set by Edmonds City Code, necessitating this change. The included code language was prepared by the Edmonds City Attorney's Office, is approved as to form, and is reflective of the proposed increases that were included in the aforementioned decision package. Attachments Dog License Decision Package Draft Ordinance Amending Dog Licensing Fees Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/09/2014 08:01 AM Mayor Dave Earling 01/09/2014 08:36 AM Finalize for Agenda Scott Passey 01/09/2014 08:39 AM Form Started By: James Lawless Started On: 01/08/2014 05:38 PM Packet Page 7 of 317 Final Approval Date: 01/09/2014  Packet Page 8 of 317 Decision Package Request Form Decision Package Title: Fund Number: Department Number/Name: Cost Center Number: Preparer: Decision Package Description: Decision Package Justification: Decision Package Costs 2014 2015 2016 2017 2018 Salaries (11)- - - - - Overtime (12)- - - - - Benefits (23)- - - - - Uniforms (24)- - - - - Supplies (31)- - - - - Small equip (35)- - - - - Prof. Services (41)10,660 9,660 9,660 9,660 9,660 Communication (42)- - - - - Travel (43)- - - - - Advertising (44)- - - - - Rental/Lease (45)- - - - - Repair/Maint (48)- - - - - Miscellaneous - - - - - Capital Equipment (64)- - - - - Other:- - - - - Total Expenses 10,660 9,660 9,660 9,660 9,660 Decision Package Revenue:2014 2015 2016 2017 2018 New Revenue:39,540 40,540 40,540 40,540 40,540 Existing Resources:(28,880) (30,880) (30,880) (30,880) (30,880) Total Revenue 10,660 9,660 9,660 9,660 9,660 Source of New Revenue: Animal Licensing Assistant Chief of Police Jim Lawless The department's animal control/ordinance enforcement officers currently process, issue and track all aspect of animal licensing for the City of Edmonds. This requires approximately 500 hours of their combined staff time per year. A vendor has been identified that will take over these duties at a cost equal to less than one half what is currently being expended by undertaking this task in-house. Contracting with a vendor would free the officers up for other, non-clerical tasks that are consistent with their positions. The current license fee structure has been in place for over 25 years without adjustment. Under the current fee structure, and when factoring in the staff expense associated with issuing licenses, the City loses $1,738 dollars per year on the licesing function. If the City were to go with an outside vendor for licensing services and adopt a new fee structure, $40,540 of new revenue could be generated per year. If both the contracting of licensing services and the fee increase are adopted, there will be a significant increase in capacity to respond to animal control and parking enforcement issues, with an overall improved efficiency within the Animal Control/Ordinance Enforcement Unit of the Police Department. Cost savings realized from contracting animal licensing services and increased licensing fees. The new revenue is assuming that we go with the outside vendor and the proposed fee increases are implemented. Sources of Existing Resources: 001.000 This package proposes utilizing an outside vendor for all aspects of animal licensing for the city. In addition, this package proposes increasing animal licensing fees which have not been adjusted in 25+ years. The proposed fee increases are at the urging, and with the support, of the Finance Director. The fee increases are as follows: Altered animals would go from a current rate of $5 to $15; and, the senior discount rate for altered animals would go from a current rate of $3 to $5;Unaltered animals would go from a current rate of $10 per year to $40 per year. The difference in altered and ulaltered licenses fees is in order to encourage altering. This has been successful in that approximately 90% of the licenses issued are in fact for altered animals. This proposed increase is slightly below the average 25 other jurisdictions throughout the state that provide pet licenses to their citizens. 410 521.7100.410 1 Packet Page 9 of 317 - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CERTAIN DOG LICENSING FEE PROVISIONS OF ECC 5.05; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds has determined that it is appropriate to raise certain dog licensing fees, as set forth in the City of Edmonds’ Animal Control regulations, ECC 5.05; and WHEREAS, the City of Edmonds wishes to revise ECC 5.05 to raise the dog licensing fees as recommended by City staff; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Subsection .020(C) of ECC 5.05 Animal Control is hereby amended to read as follows (deleted text in strike-through; new text in underline): 5.05.020 Dog licensing. … C. License Tags Issued and Fees. The police department, or such other person, firm or entity authorized by the city council, shall issue a dog license upon the payment of a fee as provided for by this subsection. Upon issuance of a license, a metal tag corresponding to the number of the application shall be furnished to the applicant. 1. The applicant shall cause the same to be attached to the dog. Tags shall not be transferable from one dog to another. 2. The following fees shall be paid for licenses required under this chapter: a. For spayed females or neutered males with a veterinarian certificate or signed affidavit: an annual license fee of $5.00$15.00; provided, that a $3.00$5.00 fee shall be charged to persons over the age of 65; b. For dogs less than six months but over three months of age, temporary tags issued: a license fee of $5.00. Persons over the age of 65 shall receive a rebate of $2.00 at the time Packet Page 10 of 317 - 2 - of relicensing, upon certification by a veterinarian that the dog has been spayed or neutered; c. Unspayed females and unneutered males over six months of age: $18.00$40.00; d. Replacement of metal tag: $1.00. 3. An owner of an animal previously licensed for which a “permanent” license has been issued under the provisions of this section as the same existed prior to December 16, 1986, shall not be required to relicense or renew said license for such animal. … 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: MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TARADAY Packet Page 11 of 317 - 3 - FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 12 of 317 - 4 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2014, 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 CERTAIN DOG LICENSING FEE PROVISIONS OF ECC 5.05; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2014. CITY CLERK, SCOTT PASSEY Packet Page 13 of 317    AM-6486     1. C.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted By:James Lawless Department:Police Department Committee: Finance Type: Action Information Subject Title Contract for Services with PETDATA, INC. for Dog Licensing Recommendation It staff's recommendation and request that this item be forwarded to full Council for approval via the Consent Agenda. Previous Council Action This item was presented as part of the 2014 budgetary process and was included as part of a decision package addressing the utilization of an outside vendor for all aspects of pet licensing. That decision package was approved by Council with the approval of the overall budget. Narrative As part of the 2014 budgetary process, a decision package was submitted by the Police Department that recommended the utilization of an outside vendor for all aspects of pet licensing. This includes the issuance of licenses via an on-line application, the receipt of all associated fees, and the mailing of annual renewal notices to pet owners already licensed. The decision package was approved by Council as part of the overall 2014 budget process. Attached is the contract for those services which will be completed by PETDATA, INC.  The contract has been reviewed and approved as to form by the City Attorney's Office. Attachments Dog License Decision Package Petdatacontract Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/09/2014 08:01 AM Mayor Dave Earling 01/09/2014 08:36 AM Finalize for Agenda Scott Passey 01/09/2014 08:39 AM Form Started By: James Lawless Started On: 01/08/2014 06:28 PM Final Approval Date: 01/09/2014  Packet Page 14 of 317 Decision Package Request Form Decision Package Title: Fund Number: Department Number/Name: Cost Center Number: Preparer: Decision Package Description: Decision Package Justification: Decision Package Costs 2014 2015 2016 2017 2018 Salaries (11) - - - - - Overtime (12)- - - - - Benefits (23)- - - - - Uniforms (24)- - - - - Supplies (31)- - - - - Small equip (35)- - - - - Prof. Services (41)10,660 9,660 9,660 9,660 9,660 Communication (42)- - - - - Travel (43)- - - - - Advertising (44)- - - - - Rental/Lease (45)- - - - - Repair/Maint (48)- - - - - Miscellaneous - - - - - Capital Equipment (64)- - - - - Other:- - - - - Total Expenses 10,660 9,660 9,660 9,660 9,660 Decision Package Revenue:2014 2015 2016 2017 2018 New Revenue:39,540 40,540 40,540 40,540 40,540 Existing Resources:(28,880) (30,880) (30,880) (30,880) (30,880) Total Revenue 10,660 9,660 9,660 9,660 9,660 Source of New Revenue: Animal Licensing Assistant Chief of Police Jim Lawless The department's animal control/ordinance enforcement officers currently process, issue and track all aspect of animal licensing for the City of Edmonds. This requires approximately 500 hours of their combined staff time per year. A vendor has been identified that will take over these duties at a cost equal to less than one half what is currently being expended by undertaking this task in-house. Contracting with a vendor would free the officers up for other, non-clerical tasks that are consistent with their positions. The current license fee structure has been in place for over 25 years without adjustment. Under the current fee structure, and when factoring in the staff expense associated with issuing licenses, the City loses $1,738 dollars per year on the licesing function. If the City were to go with an outside vendor for licensing services and adopt a new fee structure, $40,540 of new revenue could be generated per year. If both the contracting of licensing services and the fee increase are adopted, there will be a significant increase in capacity to respond to animal control and parking enforcement issues, with an overall improved efficiency within the Animal Control/Ordinance Enforcement Unit of the Police Department. Cost savings realized from contracting animal licensing services and increased licensing fees. The new revenue is assuming that we go with the outside vendor and the proposed fee increases are implemented. Sources of Existing Resources: 001.000 This package proposes utilizing an outside vendor for all aspects of animal licensing for the city. In addition, this package proposes increasing animal licensing fees which have not been adjusted in 25+ years. The proposed fee increases are at the urging, and with the support, of the Finance Director. The fee increases are as follows: Altered animals would go from a current rate of $5 to $15; and, the senior discount rate for altered animals would go from a current rate of $3 to $5;Unaltered animals would go from a current rate of $10 per year to $40 per year. The difference in altered and ulaltered licenses fees is in order to encourage altering. This has been successful in that approximately 90% of the licenses issued are in fact for altered animals. This proposed increase is slightly below the average 25 other jurisdictions throughout the state that provide pet licenses to their citizens. 410 521.7100.410 1 Packet Page 15 of 317 Decision Package Request Form Decision Package Title:Animal Licensing 2 Packet Page 16 of 317 AGREEMENT FOR ANIMAL LICENSING SERVICES __________________________ THIS AGREEMENT FOR ANIMAL LICENSING SERVICES (“Agreement”) is made and entered into by and between the City of Edmonds, Washington, hereinafter called “CITY,” and PETDATA, INC., a Texas for-profit corporation, hereinafter called “CONTRACTOR,” as of the date last signed by a party as reflected on the signature page of this Agreement (“the Execution Date”). For good and valuable consideration, CITY and CONTRACTOR agree as follows: 1. SERVICES For the consideration set forth below, CONTRACTOR agrees to provide to CITY the animal licensing services described under “CONTRACTOR’s RESPONSIBILITIES” in Exhibit A, attached hereto and incorporated herein by reference (collectively, the “Services”), upon the terms and conditions of this Agreement. The Services relate to CITY’s licensing and registration of pets. CITY agrees to perform “CITY’s RESPONSIBILITIES” described in Exhibit A. In the event of any conflict between any of the contents of Exhibit A and any of the provisions of the main body of this Agreement, the provisions of the main body of this Agreement will prevail. 2. OVERSIGHT AND COORDINATION All Services shall be performed to the reasonable satisfaction of CITY, as reasonably determined by CITY’s Administrator or other person whom CITY shall from time to time designate to monitor the performance of the Services by CONTRACTOR. CITY agrees to promptly notify CONTRACTOR of the name and contact information of the person who will monitor the performance of the Services on behalf of CITY, and to promptly notify CONTRACTOR of any changes to CITY’S monitoring designee or the contact information for CITY’s monitoring designee. 3. PERFORMANCE OF SERVICES CONTRACTOR acknowledges that, prior to signing this Agreement, CONTRACTOR has become familiar with the scope of the Services required under this Agreement. Subject to CONTRACTOR’s fulfillment of its obligations under this Agreement, the means, methods, timing, and manner of performing the Services shall be within the sole discretion of CONTRACTOR. CONTRACTOR may perform the Services at such location(s) that CONTRACTOR may from time to time determine, and shall not be required to perform any of the Services at a CITY location. CITY acknowledges that CONTRACTOR shall not be obligated to commence the performance of the Services until the Commencement Date, as hereinafter provided. CONTRACTOR shall not be responsible or liable to CITY or any third party for any delays, errors or omissions in the performance of the Services or any losses or damages sustained by CITY or any third party that are caused by (i) CITY or any of CITY’s employees or agents, (ii) the inaccuracy, incompleteness, or other insufficiency of any data furnished by or on behalf of CITY to CONTRACTOR under or in connection with this Agreement, or (iii) any other items furnished by or on behalf of CITY to CONTRACTOR under or in connection with this Agreement. 4. CUSTOM SUPPLIES If CITY requests that CONTRACTOR utilize specific supplies in connection with the performance of the Services, such as, for example, forms, brochures, or rabies books, CITY will provide those supplies to CONTRACTOR without charge. Packet Page 17 of 317 5. BANK ACCOUNTS Licensing fees and any other amounts that are collected by CONTRACTOR for the benefit of CITY under this Agreement will be deposited into an account of one of the following types that is from time to time designated by CITY (a “Bank Account”): A. An account established and maintained by CITY in its name at a bank or other financial institution (a “CITY Account”); or B. A separate account established and maintained by CONTRACTOR at a bank or other financial institution selected by CONTRACTOR in which will be deposited funds that relate solely to this Agreement (a “Maintained Account”). CITY will initially designate the type of Bank Account to be utilized hereunder in a notice that CITY will deliver to CONTRACTOR during the Transition Phase in accordance with Section 11. CITY may thereafter change the designation of the type of Bank Account to be utilized hereunder from time to time upon notice to CONTRACTOR, and CONTRACTOR will have a reasonable time in order to effect any such requested change. CITY will reimburse CONTRACTOR for all out-of-pocket expenses incurred by CONTRACTOR in connection with any change in the type of Bank Account utilized hereunder. CITY acknowledges and consents that CONTRACTOR may make an initial deposit into a Maintained Account from CONTRACTOR’s funds in order to establish the account, which initial deposit will be refunded or otherwise reimbursed to CONTRACTOR 6. COMPENSATION TO CONTRACTOR In consideration of the Services, CONTRACTOR shall be entitled to the following compensation: A. Basic Fees. CITY shall pay to CONTRACTOR the following fees for all animal licenses issued during the term of this Agreement, regardless of whether they are issued by CITY, CONTRACTOR, veterinarians, or any other persons: 1) $3.90 per license for a one-year license or a replacement tag. 2) $2.00 for each additional year after year one if there are multi-year licenses. 3) $2.50 collection service fee for each late fee, if any, paid by a Licensee during the term of this Agreement. If the United States Postal Service increases its postage rates during the term of this Agreement, the parties agree that CONTRACTOR may adjust its fees under this Section 6A from time to time in order to compensate CONTRACTOR for actual increased postage costs. CONTRACTOR will notify CITY thirty days prior to the date that any increase described in this paragraph will go into effect. The fees paid to CONTRACTOR under this Section 6A are further subject to reasonable adjustment in the event that CITY adds, modifies or eliminates any fees that are charged to Licensees during the term of this Agreement. CITY and CONTRACTOR agree to negotiate any such reasonable adjustments in good faith. As used in this Agreement, the term “Licensee” refers to any person who applies for an animal license to be issued by or on behalf of CITY. B. Start-Up Fee. CITY shall pay to CONTRACTOR, a $1,000, one-time only, “Start-Up Fee”. The Start-Up Fee is due and payable within five business days after the Execution Date. There are no Start-Up Fees for term extensions or renewals. Packet Page 18 of 317 C. Additional Service Fees or Costs. The following fees or cost reimbursements will apply to the extent that the corresponding services described below are requested by CITY: 1) Cost of Bank Account. CITY will be responsible for all out-of-pocket costs related to any Bank Account. CITY will reimburse CONTRACTOR on a monthly basis for any out-of-pocket costs for a Bank Account that are paid by CONTRACTOR. CITY may request copies of the bank statements for a Maintained Account at any time and CONTRACTOR will provide available bank statements for that Maintained Account within five business days after a request is received by CONTRACTOR. 2) Bank Deposit Mailing Fees. If CITY requires CONTRACTOR to deposit money into a CITY Account other than at a branch located in the city where CONTRACTOR’s principal office is located, CONTRACTOR may make any deposit to that CITY Account by means of any form of U.S. Mail or overnight delivery service, and the actual cost to transmit the deposits to the required bank location will be borne by CITY and included in invoices submitted to CITY for the Services. 3) Postal Box/Mail Forwarding Fee. If CITY requests CONTRACTOR to establish a local post office box for mail collection and forwarding, CITY will pay or reimburse CONTRACTOR for the actual costs of mail box rental, mail forwarding and postage fees. 4) Supply Fee. If CITY requests changes to supplies which it has previously approved, including but not limited to fee or program changes, CITY will be responsible for the actual costs associated with changing, replacing or discontinuing the use of the previously approved supplies. If CITY terminates this Agreement for any reason other than for cause, CITY will remain responsible for the actual cost of supplies purchased on its behalf. 5) Lock Box Fees. If CITY utilizes a lockbox, the actual fees and costs associated with the lockbox, including the cost to forward mail to CONTRACTOR from a lockbox, shall be borne solely by CITY. D. Charges to Licensees. CITY agrees that CONTRACTOR may charge and collect the following fees directly from Licensees, and CONTRACTOR shall be entitled to retain any such fees so collected as part of CONTRACTOR’s compensation under this Agreement, except as otherwise provided below: 1) $1.95 for each on-line transaction engaged in by a Licensee. 2) CONTRACTOR may charge a fee to a Licensee of no more than $25.00 (or, if lower, the maximum amount permitted by applicable law from time to time in effect) for each check or other payment from that Licensee that is returned uncollected for any reason. Any such returned item fee related to a Maintained Account that is actually collected shall be deposited into the Maintained Account and shall be for the benefit of CITY; otherwise the fee shall be retained by CONTRACTOR. 7. MODIFICATIONS OF SERVICES If CITY requests Services in addition to those described in this Agreement, and CONTRACTOR agrees to provide those additional Services, then CONTRACTOR shall be entitled to additional compensation for those additional Services as shall be agreed upon by CONTRACTOR and CITY in a written modification to this Agreement that is signed by CITY and CONTRACTOR. CONTRACTOR shall not be required to perform any such additional Packet Page 19 of 317 Services unless and until the parties have entered into a written modification of this Agreement. CITY may determine after the Execution Date that certain portions of the Services are no longer necessary, in which event CITY shall notify CONTRACTOR of the portions of the Services that are no longer required, and CONTRACTOR shall be relieved of the responsibility for performing those portions of the Services. However, there shall be no adjustment in CONTRACTOR’s compensation hereunder for any portions of the Services that CONTRACTOR is not required to perform. 8. REPORTS A. Reports from CONTRACTOR. Within 15 business days after the end of each calendar month during the term hereof, CONTRACTOR will submit an animal licensing summary report for the preceding calendar month to CITY in a format that is mutually agreed upon by CITY and CONTRACTOR. Any such report may be transmitted electronically or by any other means. B. Reports from CITY. Within 10 calendar days after the end of each calendar month during the term hereof, CITY will submit a report to CONTRACTOR of all license fees that CITY has received during the preceding calendar month from Licensees, veterinarians or any other source other than CONTRACTOR. Any such report may be transmitted electronically or by any other means. 9. PAYMENTS A. CITY Account Used. If and for so long as a CITY Account is utilized hereunder, the following provisions shall apply (and the provisions of Section 9B shall be inapplicable): Within 15 business days after the end of each calendar month, CONTRACTOR will submit to CITY an invoice with supporting documentation for the compensation due CONTRACTOR under this Agreement for that calendar month. CITY will pay CONTRACTOR the invoiced amount by means of check, ACH payment or other form of payment acceptable to CONTRACTOR within 30 days after the date CONTRACTOR submits the invoice to CITY. Invoices that are not timely paid will, at CONTRACTOR’s option, bear interest from the 30th day after the date that CONTRACTOR submits the invoice to CITY until paid at a rate equal to the lesser of (i) 18% per annum or (ii) the maximum annual rate of interest permitted from time to time under applicable law (or if those rates are the same, then at the rate determined under either clause). Invoices will be submitted electronically to the e-mail address that CITY shall from time to time provide CONTRACTOR for the submission of invoices or in such other manner as CITY may from time to time request in writing to CONTRACTOR and that is acceptable to CONTRACTOR. B. Maintained Account Used. If and for so long as a Maintained Account is utilized hereunder, the following provisions shall apply (and the provisions of Section 9A shall be inapplicable): Within 15 business days after the end of each calendar month, CONTRACTOR shall remit to CITY the residual amount, if any, of all license fees collected by CONTRACTOR hereunder during the preceding calendar month after deducting therefrom all fees, costs, expenses, and reimbursements due CONTRACTOR hereunder. If at any time the funds in the Maintained Account are not sufficient to fully pay amounts due to CONTRACTOR hereunder, then CONTRACTOR may recoup any shortfall from any subsequent payments due to CITY under this paragraph until all sums due CONTRACTOR have been fully paid. C. Direct Collections by CITY. If CITY collects any animal license fee or any other amount that is subject to this Agreement directly from a Licensee, veterinarian or other source, other than CONTRACTOR, CITY may either forward the amount collected to CONTRACTOR within fifteen business days for deposit into a Maintained Account, if a Maintained Account is in effect, or retain the amount. In either event, CITY shall report the amount so collected to CONTRACTOR in accordance with Section 8B so that the fee(s) due CONTRACTOR hereunder with respect to the amount collected by CITY may be determined and paid in accordance with this Agreement. Packet Page 20 of 317 10. TERM The initial term of this Agreement will commence on the Execution Date and will expire at the close of business on the last day of the 36th full calendar month after the Commencement Date, unless this Agreement is sooner terminated in accordance with other provisions of this Agreement. This term of this Agreement will automatically be extended for up to two additional periods of one-year each. Subject to the limit on the number of extensions provided in the preceding sentence, the term of this Agreement will be automatically extended for an additional one-year period upon the expiration of the then current term (as it may have previously been extended) unless either party notifies the other party of its intention not to extend the term not later than 90 days prior to the expiration of that then current term. If the term of this Agreement is extended in accordance with this paragraph, then each of the basic fees payable to CONTRACTOR under Section 6A shall be increased by a mutually agreed upon amount, which shall be not more than 3% of the then current amount for that respective fee, throughout the period of such extension. 11. TRANSITION PHASE The period beginning on the Execution Date and expiring at the close of business on the 60th day thereafter is referred to as the “Transition Phase.” CONTRACTOR shall begin processing licenses within a reasonable time following the Transition Phase subject to CITY’s timely fulfillment of its obligations under this Section 11. CONTRACTOR, in its discretion, may begin processing licenses prior to the expiration of the Transition Phase. CITY acknowledges that any delay in the performance of its obligations under this Section 11 may result in a delay in the commencement of the Services. The date on which CONTRACTOR commences the processing of licenses hereunder is referred to in this Agreement as the “Commencement Date.” CONTRACTOR shall notify CITY of the Commencement Date within a reasonable period before or after the Commencement Date. During the Transition Phase: A. License Data. CITY shall provide historical license data files consisting of licenses older than 90 days within five business days after the Execution Date. The said historical data shall be made available to CONTRACTOR in an electronic format. that is readily importable by CONTRACTOR. B. Deliverables. Within five days after request from CONTRACTOR, CITY shall provide to CONTRACTOR agreed upon supplies, data, feedback, process information, the initial designation regarding the type of Bank Account under Section 5, and required approvals for items such as form designs (collectively, “Deliverables”). Deliverables may be requested throughout the Transition Phase. C. Tags. CITY shall purchase, at CITY’s expense, and cause to be delivered to CONTRACTOR license tags that meet CONTRACTOR’s specifications, which have been provided to CITY. 12. PERMITS AND REQUIREMENTS A. Permits. CONTRACTOR shall obtain the necessary permits(s), if any, required by CITY or its governing ordinances for the performance of the Services. CITY agrees to provide CONTRACTOR with a list of any and all such permits and to cooperate and assist CONTRACTOR in good faith to aid CONTRACTOR in obtaining any such permits in a timely fashion. Packet Page 21 of 317 B. Legal Requirements. CONTRACTOR shall, in performing the Services under this Agreement, comply with all federal, state, county, or CITY statutes, laws, codes and ordinances, as amended, that are directly applicable to CONTRACTOR’s performance of the Services. CITY shall notify CONTRACTOR of changes to laws, codes or ordinances affecting CONTRACTOR’s performance of Services under this Agreement of which CITY obtains actual knowledge during the term of this Agreement. 13. COVENANTS REGARDING DATA CONTRACTOR agrees that it will not, without CITY’s consent, use personal data collected on behalf of CITY other than for the performance of the Services or other uses permitted by this Agreement or under applicable law. Further, CONTRACTOR agrees that it will not sell, or intentionally transfer or release, to any third party personal data that CONTRACTOR has collected in performing the Services, except as may otherwise be required by this Agreement or applicable law, and that it will take commercially reasonable measures to prevent the unauthorized release of any such third party personal data. Upon the termination of this Agreement, CONTRACTOR agrees to return or transfer to CITY, in a mutually acceptable format, all animal licensing data maintained by CONTRACTOR under this Agreement within 15 business days after CONTRACTOR has received all sums due CONTRACTOR under this Agreement. 14. INDEMNITY Subject to the limitations on CONTRACTOR’s liability set forth elsewhere in this Agreement, CONTRACTOR agrees to indemnify and hold harmless CITY and its officers and employees from and against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, arising out of CONTRACTOR’s gross negligence or willful misconduct in the performance of the Services under this Agreement. In the event of joint and concurring responsibility of CONTRACTOR and CITY, responsibility and indemnity, if any, shall be apportioned comparatively. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, in or to any other person or entity. 15. INSURANCE REQUIREMENTS CONTRACTOR shall procure, pay for, and maintain during the term of this Agreement: A. Commercial Liability Insurance with a minimum combined single limit coverage of $1,000,000 per occurrence, and a $2,000,000 General Aggregate Limit for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. B. Workers Compensation Insurance to cover obligations imposed by federal and state statutes having jurisdiction or employees engaged in the performance of the work or services of not less than $1,000,000 per accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. CONTRACTOR shall furnish evidence of such coverage to CITY and will provide 30 days’ written notice of policy lapse or cancellation, or of a material change in policy terms. CONTRACTOR does not own any vehicles. However, CONTRACTOR does have coverage for non-owned vehicles under its commercial liability policy. Therefore, CONTACTOR does not carry and shall not be obligated to carry separate automobile liability coverage. Packet Page 22 of 317 16. TERMINATION A. Expiration. If the term of this Agreement expires and is not extended in accordance with other provisions of this Agreement, then CONTRACTOR shall be paid all amounts due CONTRACTOR hereunder with respect to all periods through the date of termination, including CONTRACTOR’s basic fees under Section 6A with respect to animal licenses or renewals that are in process at the time of termination. B. For Cause. If CONTRACTOR materially breaches this Agreement and fails to cure the breach within 30 days after CITY notifies CONTRACTOR of the breach and specifies the details of the breach, CITY may terminate this Agreement upon notice to CONTRACTOR. In the event of such termination, CONTRACTOR shall be entitled to payment for all amounts due CONTRACTOR hereunder with respect to all periods through the date of termination, including CONTRACTOR’s basic fees under Section 6A with respect to animal licenses or renewals that are in process at the time of termination. C. Termination of Licensing Program. CITY may terminate this Agreement upon not less than 90 days prior notice to CONTRACTOR if CITY determines to terminate its animal licensing program. Upon such termination, CONTRACTOR shall be entitled to payment for all amounts due CONTRACTOR hereunder with respect to all periods through the date of termination plus an additional amount (the “Cancellation Fee”) equal to the sum of all compensation payable to CONTRACTOR under this Agreement for the three calendar months in which the highest monthly compensation was payable to CONTRACTOR hereunder during the twelve calendar months preceding the date of termination (or if shorter during the period from the Execution Date until the date of termination). The parties agree that the Cancellation Fee is reasonable compensation to CONTRACTOR for the lost revenue that CONTRACTOR would otherwise incur as a result of the early termination of this Agreement by CITY and is not a penalty. 17. UNFORESEEN CIRCUMSTANCES CONTRACTOR shall not be responsible for any delay or omission in the performance of any of CONTRACTOR’s obligations under this Agreement to the extent caused by natural disaster, power outages, war, civil disturbance, labor dispute or other cause beyond CONTRACTOR's reasonable control. To the extent CONTRACTOR is able to do so, CONTRACTOR shall provide notice to CITY of any event described in this Section within ten (10) business days after the occurrence of such event. 18. RECORDS/AUDIT CONTRACTOR shall maintain in electronic form or on a database material books, records, and documents directly related to the performance of the Services (collectively, “Records”) during the term of this Agreement and for a period of three years thereafter. CONTRACTOR shall further maintain any Records that were either received or originally generated by CONTRACTOR in paper form for a period of three years after the date(s) that the respective Records were originally received or generated or until the termination, by expiration or otherwise, of this Agreement, whichever occurs first. Any paper Records in existence at the expiration of any such three-year period or at the termination of this Agreement shall either be shipped to CITY or destroyed, at CITY’s option and at CITY’s expense in either case. During the term of this Agreement and for a period of three years thereafter, CITY shall have the right to inspect and audit, at CITY’s expense, and upon reasonable advance notice to CONTRACTOR, the Records that CONTRACTOR is obligated to maintain hereunder as of the time of any such inspection or audit. Notwithstanding the foregoing, any Records maintained by CONTRACTOR during the term of this Agreement that relate to any litigation, appeal, or related settlement arising under or in relation to this Agreement shall be preserved until a final disposition has been made of such litigation. However, CONTRACTOR Packet Page 23 of 317 shall not have any liability for disposing of paper Records in accordance with this Agreement prior to the time that CONTRACTOR obtained actual knowledge of the existence of the litigation. 19. NOTICES Any notice, statement, or demand required or permitted to be given hereunder by either party to the other shall be in writing and shall be given personally or by courier, by overnight delivery service, by certified mail, return receipt requested, postage prepaid, or by confirmed (either machine or personal) facsimile transmission, addressed to the recipient as follows: Notices to CITY shall be addressed as follows: Jim Lawless, Assistant Chief of Police Edmonds Police Department 250 5th Ave. N. Edmonds, WA 98020 Fax: 425-771-0208 Notices to CONTRACTOR shall be addressed as follows: Chris Richey, President PetData, Inc. P.O. Box 141929 (if mailed) Irving, Texas 75014-1929 1850 Crown Drive, Suite 1110 (if delivered) Dallas, Texas 75234 214-821-3106 (facsimile) Any such notice shall be effective (a) if delivered personally or by courier, when received, (b) if sent by overnight courier, when received, (c) if mailed, on the second business day after being mailed as described above, and (d) if sent by confirmed (either personal or machine) written telecommunication, when dispatched. Any party may change any of its contact information for notices upon not less than ten (10) days’ prior notice to the other party in accordance with this Section. The provisions of this Section shall not govern the means of submission of invoices by CONTRACTOR to CITY under this Agreement. 20. CONTRACTOR’S SYSTEM CITY acknowledges that CONTRACTOR has developed and coordinated proprietary means and methods of performing the Services and related know-how, skills, and property (collectively, the “System”). The System includes, among other items, an interactive website, databases, software, and related items. The System is special and unique to CONTRACTOR and has been developed by CONTRACTOR at great cost and expense to CONTRACTOR. CITY acknowledges that CITY is not acquiring any rights in or to the System, and that the System is and will remain the sole and exclusive property of CONTRACTOR. CITY further acknowledges and agrees that any information that CITY obtains related to the use, formulation or operation of the System that is not generally known is CONFIDENTIAL, may only be used by CITY for the limited purposes described in this Agreement, and may not be disclosed to any third parties except as may be required under applicable law or with CONTRACTOR’s prior, express written consent in CONTRACTOR’s sole discretion. Upon the termination of this Agreement, any information and materials, in whatever media or format, related to the System that CITY has in its possession will be returned to CONTRACTOR or destroyed at CONTRACTOR’s option. CITY agrees that it will not attempt to discover, duplicate, or replicate the System in any manner. Packet Page 24 of 317 21. MISCELLANEOUS A. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. B. Relationship of Parties. The relationship of CITY and CONTRACTOR is that of independent contractors. Nothing in this Agreement is intended to create a partnership or joint venture between the parties, to establish a fiduciary relationship between the parties, or to render either party liable or responsible for any debts, liabilities or other obligations of the other party. C. Entire Agreement. This Agreement, including any exhibits hereto, embodies the complete agreement of the parties hereto, and supersedes all oral or written previous or contemporary agreements or understandings between the parties relating to any of the matters herein. This Agreement may not be amended or otherwise modified except in a writing executed by both parties. The expiration or other termination of this Agreement shall not extinguish any right or remedy existing at the time of termination. D. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. E. Assignment; Binding Effect. Neither party may assign this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, the transfer of CONTRACTOR’s interest in this Agreement to an affiliate of CONTRACTOR or in connection with a merger, consolidation, sale of substantially all of CONTRACTOR’s assets, or business combination involving CONTRACTOR shall not be deemed to be an assignment in violation of this Section, provided that such transferee shall be subject to all of the terms and conditions of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and, where permitted, assigns. F. General. All references in this Agreement to sections and other subdivisions refer to corresponding sections and other subdivisions of this Agreement unless the context indicates otherwise. Titles appearing at the beginning of any such sections or subdivisions are for convenience only and shall not constitute part of such sections or subdivisions and shall be disregarded in construing the language contained in such sections or subdivisions. These words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Words in any gender (including the neutral gender) shall include any other gender, unless the context otherwise requires. Examples shall not be construed to limit, expressly or by implication, the matter they illustrate. The word “includes” and its derivatives shall mean “includes, but is not limited to” and corresponding derivative expressions. The term “or” includes “and/or.” All exhibits attached to this Agreement are incorporated herein by reference. No consideration shall be given to the fact or presumption that one party had a greater or lesser hand in drafting this Agreement. All references herein to “$”, “dollars”, or other sums of money shall refer to U.S. Dollars. References in this Agreement to “business days” shall refer to days other than Saturdays, Sundays, or other days on which CITY offices are Packet Page 25 of 317 closed. Any references in this Agreement to “days” other than business days shall refer to calendar days. Time is of the essence of this Agreement. No delay or forbearance in asserting any right or enforcing any obligation under this Agreement shall constitute a waiver of such right or obligation. G. Authorization. Each of the parties represents and warrants to the other that this Agreement has been duly authorized by all necessary corporate or governmental action on the part of the representing party and that this Agreement is fully binding on such party. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. It shall not be necessary for each party to sign each counterpart, and separate signature pages may be attached to any counterpart in order to make a complete counterpart. For purposes of the execution of this Agreement or any amendment hereto or modification hereof, a signature transmitted by facsimile, computer file or other electronic means shall be fully binding as an original signature. [Signature page follows] Packet Page 26 of 317 EXECUTED by CITY and by CONTRACTOR on the respective dates set forth below to be effective as of the Execution Date. DONE this ____________ day of __________________, 2014. CITY OF EDMONDS PETDATA, INC By:_____________________________ By:________________________________ David O. Earling, Mayor Printed Name: _______________________ Title: ______________________________ ATTEST/AUTHENTICATED: Date Executed: ______________________ ________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: _______________________________ Jeffrey D. Taraday, City Attorney Packet Page 27 of 317 EXHIBIT A Description of Services This exhibit is attached to and a part of the above and foregoing Agreement for Animal Licensing Services (Agreement). Terms used in this exhibit that are not defined in this exhibit but which are defined elsewhere in the Agreement shall have the respective meanings given to them in the other provisions of the Agreement. In the event of any conflict between any of the provisions of this exhibit and the other provisions of the Agreement, the other provisions of the Agreement shall control. CONTRACTOR RESPONSIBILITIES 1. Process License Applications A. Receive and process animal license applications through the mail. B. Provide online licensing and process applications initiated through CONTRACTOR’s website. C. Enter new and renewal license applications into CONTRACTOR’s proprietary database. D. Deposit, or transmit for deposit, all receipts collected for license fees, with the exception of those payments made via credit card, into a Bank Account. E. Mail license tags within 10 business days after receipt of payment and complete documentation as required by local ordinance and/or CITY policy. F. Update license information in CONTRACTOR’S database and issue replacement tags as needed. G. If CONTRACTOR collects any payments due CITY from Licensees via credit card transactions that are paid to CONTRACTOR, those payments will be deposited, or transmitted for deposit, into a Bank Account within 15 business days after the end of the calendar month in which collected. 2. Mail License Notices A. Mail renewal and reminder notices for expiring animal licenses. Renewal notices will be mailed in the month prior to the license expiration date, or as otherwise agreed upon between CONTRACTOR and CITY. B. Mail billing notices to pet owners who have vaccinated a pet against rabies but have not licensed, if CITY collects rabies vaccination reports from veterinarians. 3. Customer Service for Licensing Program A. Provide customer service to pet owners via phone, email and mail, and respond to requests in a timely fashion. B. Provide customer service to CITY staff, and respond to CITY requests in a timely fashion. C. Provide online access to licensing data to appropriate personnel via CONTRACTOR’s proprietary website, at no additional charge. 4. Manage Reports from Authorized Registrars and Veterinary Clinics A. Process and enter license sales records from any registrars and veterinary clinics authorized to sell animal licenses. 1) Track tag inventories at all authorized registrars, and reconcile reports. Packet Page 28 of 317 2) Invoice authorized registrars for licenses sold as needed B. Process and enter rabies vaccination records from local veterinary clinics if rabies reporting is required by CITY. C. Follow up with delinquent clinics and registrars and report delinquent clinics and registrars to CITY as needed. 5. Provide veterinarians and other authorized registrars with reasonable quantities of supplies (reporting forms, applications or vaccination certificates, citizen mailing envelopes, etc.) necessary to sell license tags and/or report rabies vaccinations to CONTRACTOR. Supplies are to be printed in one color with the design and layout to be determined by CONTRACTOR. 6. Reporting to CITY A. Send reports to CITY within 15 business days after the end of each month including the number of licenses sold at each location. B. Provide statistical reports to CITY as requested within a timely manner. Depending on the information requested, CONTRACTOR can provide most reports within five business days. CITY RESPONSIBILITIES 1. Purchase license tags to CONTRACTOR’s specifications and ship them to CONTRACTOR. CONTRACTOR recommends that tags be shipped directly from tag vendor to CONTRACTOR to reduce shipping costs. 2. Report CITY license sales electronically or by mail at least monthly by the 10th calendar day of the month for the prior month’s sales. 3. Give CONTRACTOR at least 60 days’ notice of license fee or ordinance changes. 4. Respond to CONTRACTOR inquiries in a timely fashion. 5. Provide feedback to CONTRACTOR regarding program and customer matters. Packet Page 29 of 317    AM-6474     1. D.              City Council Committee Meetings Meeting Date:01/14/2014 Time:10 Minutes   Submitted For:Roger Neumaier Submitted By:Sarah Mager Department:Finance Committee: Finance Type: Information Information Subject Title 2013 November Budgetary Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative Attachments November 2013 Budgetary Financial Report Form Review Inbox Reviewed By Date Finance Roger Neumaier 01/07/2014 06:40 PM City Clerk Scott Passey 01/07/2014 10:20 PM Mayor Dave Earling 01/08/2014 09:56 AM Finalize for Agenda Scott Passey 01/08/2014 04:36 PM Form Started By: Sarah Mager Started On: 01/07/2014 03:42 PM Final Approval Date: 01/08/2014  Packet Page 30 of 317 CITY OF EDMONDS BUDGETARY FINANCIAL REPORT NOVEMBER 2013 Packet Page 31 of 317 1 Fund No.Title 2013 Amended Budget 11/30/2012 Revenues 11/30/2013 Revenues Amount Remaining % Received 001 GENERAL FUND 32,908,710$ 31,556,880$ 32,470,539$ 438,171$ 99% 009 LEOFF-MEDICAL INS. RESERVE 350,350 600,292 175,379 174,971 50% 011 RISK MANAGEMENT FUND 668,200 244,000 482,029 186,171 72% 012 CONTINGENCY RESERVE FUND 123,223 5,283,425 67,842 55,381 55% 014 HISTORIC PRESERVATION GIFT FUND 15,000 6,075 714 14,286 5% 016 BUILDING MAINTENANCE 56,900 56,888 28,537 28,363 50% 104 DRUG ENFORCEMENT FUND 20,175 48,587 17,325 2,850 86% 111 STREET FUND 1,446,800 1,220,755 1,304,887 141,913 90% 112 COMBINED STREET CONST/IMPROVE 5,368,529 1,041,472 1,386,078 3,982,451 26% 117 MUNICIPAL ARTS ACQUIS. FUND 69,885 66,366 62,542 7,343 89% 118 MEMORIAL STREET TREE 27 160 21 6 78% 120 HOTEL/MOTEL TAX REVENUE FUND 52,870 57,081 58,505 (5,635) 111% 121 EMPLOYEE PARKING PERMIT FUND 18,120 7,137 7,148 10,972 39% 122 YOUTH SCHOLARSHIP FUND 2,025 2,556 1,255 770 62% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 15,529 26,647 (7,647) 140% 125 REAL ESTATE EXCISE TAX 2 777,832 965,996 839,192 (61,360) 108% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 650,600 716,447 837,805 (187,205) 129% 127 GIFTS CATALOG FUND 36,483 36,694 35,668 815 98% 129 SPECIAL PROJECTS FUND 222,800 109,759 308,748 (85,948) 139% 130 CEMETERY MAINTENANCE/IMPROVEMT 119,950 135,095 139,964 (20,014) 117% 131 FIRE DONATIONS - - - - 0% 132 PARKS CONSTRUCTION FUND 2,008,350 751,381 187,655 1,820,695 9% 136 PARKS TRUST FUND 228 193 354 (126) 155% 137 CEMETERY MAINTENANCE TRUST FD 14,600 15,988 16,060 (1,460) 110% 138 SISTER CITY COMMISSION 8,017 2,779 9,366 (1,349) 117% 139 TRANSPORTATION BENEFIT DISTRICT 685,000 593,464 609,989 75,011 89% 211 L.I.D. FUND CONTROL 22,130 23,315 30,474 (8,344) 138% 213 L.I.D. GUARANTY FUND 22,230 128,338 31 22,199 0% 231 2012 LT GO DEBT SERVICE FUND 1,009,902 9,347,579 367,610 642,292 36% 411 COMBINED UTILITY OPERATION - N/A 214,510 (214,510) 0% 421 WATER UTILITY FUND 21,118,645 N/A 16,109,262 5,009,384 76% 422 STORM UTILITY FUND 5,240,817 N/A 4,876,207 364,610 93% 423 SEWER/WWTP UTILITY FUND 28,202,688 N/A 25,626,061 2,576,627 91% 424 BOND RESERVE FUND 1,115,174 N/A 926,054 189,120 83% 511 EQUIPMENT RENTAL FUND 1,361,972 1,102,228 1,313,618 48,354 96% 617 FIREMEN'S PENSION FUND 45,400 92,962 49,731 (4,331) 110% 103,782,632$ 54,229,421$ 88,587,810$ 15,194,822$ 85% CITY OF EDMONDS REVENUES BY FUND - SUMMARY *Due to the change in enterprise fund structure from 2012 to 2013, these revenues are shown as N/A Packet Page 32 of 317 2 Fund No.Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent 001 GENERAL FUND 33,428,648$ 30,812,814$ 28,568,606$ 4,860,042$ 85% 009 LEOFF-MEDICAL INS. RESERVE 619,400 504,406 279,440 339,960 45% 011 RISK MANAGEMENT RESERVE FUND 661,000 - 558,835 102,165 85% 014 HISTORIC PRESERVATION GIFT FUND 15,000 6,394 5,280 9,720 35% 016 BUILDING MAINTENANCE 205,000 51,051 127,828 77,172 62% 104 DRUG ENFORCEMENT FUND 80,533 45,603 48,748 31,785 61% 111 STREET FUND 1,557,715 1,445,752 1,218,519 339,196 78% 112 COMBINED STREET CONST/IMPROVE 5,508,244 1,938,822 1,705,439 3,802,805 31% 117 MUNICIPAL ARTS ACQUIS. FUND 149,794 49,751 59,390 90,404 40% 118 MEMORIAL STREET TREE - 137 - - 0% 120 HOTEL/MOTEL TAX REVENUE FUND 68,500 45,598 54,133 14,367 79% 121 EMPLOYEE PARKING PERMIT FUND 26,726 26,422 14,740 11,986 55% 122 YOUTH SCHOLARSHIP FUND 4,000 3,375 3,293 707 82% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 16,595 12,240 6,760 64% 125 REAL ESTATE EXCISE TAX 2 1,401,732 394,285 191,213 1,210,519 14% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 668,534 118,875 32,108 636,426 5% 127 GIFTS CATALOG FUND 43,317 4,866 28,453 14,864 66% 129 SPECIAL PROJECTS FUND 222,800 97,071 169,556 53,244 76% 130 CEMETERY MAINTENANCE/IMPROVEMT 152,761 158,640 121,326 31,435 79% 132 PARKS CONSTRUCTION FUND 2,091,200 475,864 110,645 1,980,555 5% 136 PARKS TRUST FUND - 6,930 - - 0% 138 SISTER CITY COMMISSION 13,737 4,255 13,274 463 97% 139 TRANSPORTATION BENEFIT DISTRICT 685,000 593,484 609,989 75,011 89% 211 L.I.D. FUND CONTROL 22,130 128,184 - 22,130 0% 213 L.I.D. GUARANTY FUND - 244,000 - - 0% 231 2012 LT GO DEBT SERVICE FUND 1,009,902 9,347,579 92,264 917,638 9% 421 WATER UTILITY FUND 14,865,944 N/A 11,481,190 3,384,754 77% 422 STORM UTILITY FUND 5,493,271 N/A 3,541,692 1,951,579 64% 423 SEWER/WWTP UTILITY FUND 27,151,917 N/A 20,796,140 6,355,777 77% 424 BOND RESERVE FUND 272,659 N/A 82,095 190,564 30% 511 EQUIPMENT RENTAL FUND 1,095,372 1,246,670 774,183 321,189 71% 617 FIREMEN'S PENSION FUND 108,790 85,937 72,500 36,290 67% 97,642,626$ 47,853,360$ 70,773,119$ 26,869,507$ 72% CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A Packet Page 33 of 317 3 Page 1 of 3 Title 2013 Amended Budget 11/30/2012 Revenues 11/30/2013 Revenues Amount Remaining % Received TAXES: REAL PERSONAL / PROPERTY TAX 9,781,109$ 9,483,449$ 9,487,917$ 293,192$ 97% EMS PROPERTY TAX 2,775,282 2,941,496 2,939,918 (164,636) 106% VOTED PROPERTY TAX 916,103 933,601 935,428 (19,325) 102% LOCAL RETAIL SALES/USE TAX 4,913,150 4,592,416 4,867,444 45,706 99% NATURAL GAS USE TAX 8,706 7,173 8,852 (146) 102% 1/10 SALES TAX LOCAL CRIM JUST 520,417 489,194 526,935 (6,518) 101% ELECTRIC UTILITY TAX 1,475,638 1,399,486 1,409,600 66,038 96% GAS UTILITY TAX 811,174 729,293 625,606 185,568 77% SOLID WASTE UTILITY TAX 287,710 265,764 277,326 10,384 96% WATER UTILITY TAX 904,613 800,536 882,082 22,531 98% SEWER UTILITY TAX 470,000 435,016 438,796 31,204 93% STORMWATER UTILITY TAX 274,600 247,843 268,115 6,485 98% T.V. CABLE UTILITY TAX 730,910 639,275 736,280 (5,370) 101% TELEPHONE UTILITY TAX 1,529,498 1,400,800 1,272,346 257,152 83% PULLTABS TAX 61,385 57,510 54,229 7,156 88% AMUSEMENT GAMES 731 - 136 595 19% LEASEHOLD EXCISE TAX 212,350 162,989 168,515 43,835 79% PENALTIES ON GAMBLING TAXES - - - - 0% 25,673,376 24,585,841 24,899,526 773,850 97% LICENSES AND PERMITS: FIRE PERMITS-SPECIAL USE 5,555 5,463 5,070 485 91% PROF AND OCC LICENSE-TAXI 1,030 510 630 400 61% AMUSEMENTS 6,060 5,475 4,350 1,710 72% FRANCHISE AGREEMENT-COMCAST 627,816 634,367 668,920 (41,104) 107% FRANCHISE FEE-EDUCATION/GOVERNMENT - - 29,531 (29,531) 0% FRANCHISE AGREEMENT-VERIZON/FRONTIER 95,806 90,891 86,889 8,917 91% FRANCHISE AGREEMENT-BLACKROCK 8,287 11,080 11,451 (3,164) 138% FRANCHISE AGREMENT-ZAYO - - 5,000 (5,000) 0% OLYMPIC VIEW WATER DISTRICT FRANCHISE 214,415 251,431 261,933 (47,518) 122% GENERAL BUSINESS LICENSE 106,297 105,149 107,931 (1,634) 102% DEV SERV PERMIT SURCHARGE 18,422 21,870 24,840 (6,418) 135% NON-RESIDENT BUS LICENSE 39,274 29,800 41,950 (2,676) 107% RIGHT OF WAY FRANCHISE FEE 9,500 9,308 9,773 (273) 103% BUILDING STRUCTURE PERMITS 345,436 328,131 398,511 (53,075) 115% ANIMAL LICENSES 13,205 8,649 6,966 6,239 53% STREET AND CURB PERMIT 50,000 59,959 43,664 6,336 87% OTR NON-BUS LIC/PERMITS 7,070 8,981 9,258 (2,188) 131% 1,548,173 1,571,064 1,716,665 (168,492) 111% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 1,191 - 5,119 (3,928) 430% ROOFTOP SOLAR CHALLENGE GRANT 34,000 - 34,000 - 100% WA ASSOC OF SHERIFFS TRAFFIC GRANT 799 - 799 - 100% WTSC X-52 DUI AND SPEEDING - - 583 (583) 0% TARGET ZERO TEAMS GRANT 10,000 5,097 8,571 1,429 86% HIGH VISIBILITY ENFORCEMENT 6,000 1,301 5,291 709 88% DOCKSIDE DRILLS GRANT REIMBURSE - - 486 (486) 0% WA STATE ADMIN OFFICE COURTS GRANT - - 4,228 (4,228) 0% WA STATE TRAFFIC COMM GRANT 1,106 - 1,106 0 100% SMART COMMUTER PROJECT GRANT - 900 600 (600) 0% PUD PRIVILEDGE TAX 185,181 184,756 188,570 (3,389) 102% MVET/SPECIAL DISTRIBUTION 8,828 8,970 9,572 (744) 108% JUDICIAL SALARY CONTRIBUTION-STATE 12,572 12,448 12,536 36 100% CRIMINAL JUSTICE-SPECIAL PROGRAMS 33,290 33,723 35,628 (2,338) 107% DUI - CITIES 7,704 7,440 7,231 473 94% LIQUOR EXCISE TAX 20,000 146,591 26,662 (6,662) 133% LIQUOR BOARD PROFITS 301,761 306,934 268,323 33,438 89% SHARED COURT COSTS 3,030 1,500 - 3,030 0% MUNICIPAL COURT AGREEMENT W/LYNNWOOD 1,500 750 - 1,500 0% 626,962 710,410 609,304 16,158 97% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 34 of 317 4 Page 2 of 3 Title 2013 Amended Budget 11/30/2012 Revenues 11/30/2013 Revenues Amount Remaining % Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,065 955 1,283 (218) 120% CIVIL PROBATE FILINGS - - 16 (16) 0% D/M COURT REC SER 172 143 67 105 39% MUNIC.-DIST. COURT CURR EXPEN 188 256 246 (58) 131% SALE MAPS & BOOKS 72 106 169 (97) 235% CLERKS TIME FOR SALE OF PARKING PERMITS 25,086 - - 25,086 0% PHOTOCOPIES 4,572 2,727 1,881 2,691 41% POLICE DISCLOSURE REQUESTS 4,500 3,802 4,024 476 89% ASSESSMENT SEARCH 5 5 - 5 0% ENGINEERING FEES AND CHARGES 100,000 113,386 164,099 (64,099) 164% ELECTION CANDIDATE FILING FEES 1,011 - 1,460 (449) 144% SNO-ISLE 57,236 56,174 81,668 (24,432) 143% PASSPORTS AND NATURALIZATION FEES 9,571 10,350 10,950 (1,379) 114% POLICE SERVICES SPECIAL EVENTS 26,000 28,605 27,797 (1,797) 107% OCDETF OVERTIME 3,117 1,773 5,494 (2,377) 176% CAMPUS SAFETY-EDM. SCH. DIST.11,615 13,771 11,620 (5) 100% WOODWAY-LAW PROTECTION 36,000 15,554 32,579 3,421 90% MISCELLANEOUS POLICE SERVICES 2,750 1,500 - 2,750 0% DRE REIMBURSEABLE - - 709 (709) 0% DUI EMERGENCY FIRE SERVICES 532 483 556 (24) 105% FIRE DISTRICT #1 STATION BILLINGS 27,808 52,278 50,770 (22,962) 183% ADULT PROBATION SERVICE CHARGE 60,000 53,388 66,824 (6,824) 111% ELECTRONIC MONITOR DUI 165 82 590 (425) 358% BOOKING FEES 5,711 4,343 6,079 (368) 106% FIRE CONSTRUCTION INSPECTION FEES 5,577 4,500 6,590 (1,013) 118% EMERGENCY SERVICE FEES 23,976 17,042 16,304 7,672 68% DUI EMERGENCY AID 67 33 - 67 0% EMS TRANSPORT USER FEE 814,318 757,957 818,033 (3,715) 100% POLICE - FINGERPRINTING 496 286 290 206 58% CRIM CNV FEE DUI 698 604 576 122 82% CRIM CONV FEE CT 4,360 3,963 4,044 316 93% CRIM CONV FEE CN 1,624 1,583 1,630 (6) 100% FIBER SERVICES 36,438 41,261 22,640 13,798 62% INTERGOVERNMENTAL FIBER SERVICES 7,272 8,586 6,600 672 91% FLEX FUEL PAYMENTS FROM STATIONS 213 461 1,083 (870) 508% ANIMAL CONTROL SHELTER 6,616 6,480 5,580 1,036 84% ZONING/SUBDIVISION FEE 38,000 40,987 71,286 (33,286) 188% PLAN CHECKING FEES 216,457 193,253 261,333 (44,876) 121% FIRE PLAN CHECK FEES 2,911 1,243 2,325 586 80% PLANNING 1% INSPECTION FEE 1,200 657 966 234 81% S.E.P.A. REVIEW 5,000 2,910 4,850 150 97% CRITICAL AREA STUDY 12,000 14,725 18,910 (6,910) 158% DV COORDINATOR SERVICES 10,921 9,864 10,149 772 93% SWIM POOL ENTRANCE FEES 56,000 59,454 63,760 (7,760) 114% GYM AND WEIGHTROOM FEES 5,500 4,978 4,131 1,369 75% LOCKER FEES 300 303 439 (139) 146% SWIM CLASS FEES 32,000 28,625 30,132 1,868 94% INTERGOVERNMENTAL REVENUE-SSCCFH 69,300 51,975 - 69,300 0% PROGRAM FEES 780,000 655,888 660,186 119,814 85% TAXABLE RECREATION ACTIVITIES 115,500 125,141 110,984 4,516 96% SWIM TEAM/DIVE TEAM 31,600 30,019 30,365 1,235 96% BIRD FEST REGISTRATION FEES 660 1,015 695 (35) 105% INTERFUND REIMBURSEMENT-CONTRACT SVCS 1,520,248 1,365,623 1,611,958 (91,710) 106% 4,176,428 3,789,097 4,234,720 (58,292) 101% CITY OF EDMONDS REVENUES - GENERAL FUND Packet Page 35 of 317 5 Page 3 of 3 Title 2013 Amended Budget 11/30/2012 Revenues 11/30/2013 Revenues Amount Remaining % Received FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 10,214 9,140 12,350 (2,136) 121% TRAFFIC INFRACTION PENALTIES 24,000 26,427 32,059 (8,059) 134% NC TRAFFIC INFRACTION 213,000 231,897 282,634 (69,634) 133% CRT COST FEE CODE LEG ASSESSMENT (LGA)20,086 17,136 24,665 (4,579) 123% SPEEDING DOUBLE 77 38 297 (220) 386% NON-TRAFFIC INFRACTION PENALTIES 2,034 900 - 2,034 0% OTHER INFRACTIONS '04 1,002 937 1,478 (476) 148% PARKING INFRACTION PENALTIES 31,592 32,933 46,639 (15,047) 148% PR-HANDICAPPED 794 - - 794 0% PARKING INFRACTION LOC 404 40 - 404 0% PARK/INDDISZONE 3,000 2,830 2,845 155 95% DWI PENALTIES 9,200 6,974 3,896 5,304 42% DUI - DP ACCT 415 1,500 2,623 (2,208) 632% OTHER CRIMINAL TRAF MISDEM PEN 8 356 - 8 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 33,000 29,362 36,629 (3,629) 111% CRIMINAL CONVICTION FEE CT - - 928 (928) 0% OTHER NON-TRAF MISDEMEANOR PEN 539 241 83 456 15% OTHER NON TRAFFIC MISD. 8/03 14,000 11,935 2,219 11,781 16% COURT DV PENALTY ASSESSMENT 1,491 1,028 1,826 (335) 122% CRIMINAL CONVICTION FEE CN - - 453 (453) 0% CRIMINAL COSTS-RECOUPMENTS 113,265 103,264 106,336 6,929 94% PUBLIC DEFENSE RECOUPMENT 40,000 28,264 27,688 12,312 69% COURT INTERPRETER COSTS 292 146 56 236 19% BUS. LICENSE PERMIT PENALTY 7,444 4,070 4,360 3,084 59% MISC FINES AND PENALTIES 485 1,930 2,270 (1,785) 468% 526,342 511,348 592,332 (65,990) 113% MISCELLANEOUS: INVESTMENT INTEREST 8,000 5,436 2,720 5,280 34% INTEREST ON COUNTY TAXES 1,250 1,145 1,502 (252) 120% INTEREST - COURT COLLECTIONS 5,491 5,123 5,016 475 91% PARKING 8,790 10,720 9,366 (576) 107% SPACE/FACILITIES RENTALS 140,000 140,094 159,475 (19,475) 114% BRACKET ROOM RENTAL 3,040 4,585 7,025 (3,985) 231% LEASES LONG-TERM 143,000 147,807 151,527 (8,527) 106% VENDING MACHINE/CONCESSION 4,500 6,432 7,103 (2,603) 158% OTHER RENTS & USE CHARGES 6,200 5,745 8,906 (2,706) 144% PARKS DONATIONS 4,300 18,885 9,700 (5,400) 226% BIRD FEST CONTRIBUTIONS 1,400 1,369 1,448 (48) 103% POLICE CONTRIUBTIONS FROM PRIV SOURCES 9,231 - 9,231 - 100% PARKS GRANTS - PRIVATE SOURCES - - 1,235 (1,235) 0% SALE OF JUNK/SALVAGE 1,486 1,080 1 1,485 0% SALES OF UNCLAIM PROPERTY 1,750 2,030 2,621 (871) 150% CONFISCATED AND FORFEITED PROPERTY - - 6,296 (6,296) 0% OTHER JUDGEMENT SETTLEMENT - - 6,367 (6,367) 0% POLICE JUDGMENTS/RESTITUTION 465 160 160 305 34% CASHIER'S OVERAGES/SHORTAGES 44 8 58 (14) 131% OTHER MISC REVENUES 3,000 5,393 822 2,178 27% SMALL OVERPAYMENT 66 104 53 13 80% NSF FEES - PARKS & REC 182 180 210 (28) 115% NSF FEES - MUNICIPAL COURT 978 720 791 187 81% NSF FEES - POLICE 91 - - 91 0% NSF FEES - DEVELOPMENT SERVICES DEPT - 90 150 (150) 0% FLEX-PLAN SERVICES FORFEITURES 1,368 - 1,368 (0) 100% 344,632 357,106 393,152 (48,520) 114% TRANSFERS-IN: INSURANCE RECOVERIES - - - - 0% INTERFUND TRANSFER-IN (from 121)- 32,016 12,543 (12,543) 0% INTERFUND TRANSFER - In (From 104)500 - - 500 0% INTERFUND TRANSFER (From 127)12,297 - 12,297 (0) 100% 12,797 32,016 24,840 (12,043) 194% TOTAL GENERAL FUND REVENUE 32,908,710$ 31,556,882$ 32,470,540$ 436,670$ 99% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 36 of 317 6 Page 1 of 6 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent GENERAL FUND EXPENDITURES (001) SALARIES AND WAGES 12,082,117$ 10,892,733$ 10,941,581$ 1,140,536$ 91% OVERTIME 426,820 372,318 392,211 34,609 92% HOLIDAY BUY BACK 193,388 185,942 175,302 18,086 91% BENEFITS 4,120,688 3,788,241 3,815,777 304,911 93% UNIFORMS 61,110 47,575 42,677 18,433 70% SUPPLIES 374,244 346,864 259,195 115,049 69% SMALL EQUIPMENT 118,955 116,063 94,269 24,686 79% PROFESSIONAL SERVICES 2,099,165 1,394,387 1,522,830 576,335 73% COMMUNICATIONS 204,660 165,420 156,357 48,303 76% TRAVEL 36,742 19,952 16,295 20,447 44% ADVERTISING 40,865 40,753 23,716 17,149 58% RENTAL/LEASE 834,943 119,586 758,162 76,781 91% INSURANCE 396,193 420,109 399,287 (3,094) 101% UTILITIES 429,600 405,243 408,564 21,036 95% REPAIRS & MAINTENANCE 320,547 260,250 187,589 132,958 59% MISCELLANEOUS 282,248 250,747 261,055 21,193 92% INTERGOVERNMENTAL SERVICES 8,099,655 7,816,412 7,800,360 299,295 96% ECA CONTINGENCY RESERVE 190,000 250,000 180,000 10,000 95% EXCISE TAXES 5,500 6,225 5,022 478 91% INTERFUND TRANSFER 1,575,185 3,014,159 762,056 813,129 48% MACHINERY/EQUIPMENT 85,000 13,097 22,735 62,265 27% GENERAL OBLIGATION BOND PRINCIPAL 946,595 102,559 107,580 839,015 11% CAPITAL LEASES AND INSTALLMENT PURCHASES 64,014 63,380 64,014 0 100% OTHER DEBT - - 478 (478) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 185,614 202,175 114,141 71,473 61% DEBT ISSUE COSTS 5,000 1,125 - 5,000 0% INTERFUND SERVICES 201,800 123,093 13,353 188,447 7% INTERFUND RENTAL 48,000 394,405 44,000 4,000 92% 33,428,648$ 30,812,813$ 28,568,606$ 4,860,042$ 85% LEOFF-MEDICAL INS. RESERVE (009) BENEFITS 435,000$ 350,618$ 178,982$ 256,018$ 41% IN HOME LTC CLAIMS 176,400 146,353 94,127 82,273 53% PROFESSIONAL SERVICES 8,000 7,186 6,081 1,919 76% MISCELLANEOUS - 250 250 (250) 0% 619,400$ 504,407$ 279,440$ 339,960$ 45% RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS 661,000$ -$ 558,835$ 102,165$ 85% 661,000$ -$ 558,835$ 102,165$ 85% HISTORIC PRESERVATION GIFT FUND (014) SUPPLIES 2,000$ -$ -$ 2,000$ 0% PROFESSIONAL SERVICES 2,000 - - 2,000 0% ADVERTISING 1,000 - - 1,000 0% MISCELLANEOUS 10,000 6,394 5,280 4,720 53% 15,000$ 6,394$ 5,280$ 9,720$ 35% BUILDING MAINTENANCE SUBFUND (016) SUPPLIES 10,000$ 573$ 919$ 9,081$ 9% PROFESSIONAL SERVICES 20,000 10,225 19,354 646 97% REPAIRS & MAINTENANENCE 5,000 40,253 105,690 (100,690) 2114% MISCELLANEOUS - - 1,865 (1,865) 0% CONSTRUCTION PROJECTS 170,000 - - 170,000 0% 205,000$ 51,051$ 127,828$ (90,963)$ 62% DRUG ENFORCEMENT FUND (104) SUPPLIES -$ -$ -$ -$ 0% FUEL CONSUMED 2,000 1,857 4,702 (2,702) 235% SMALL EQUIPMENT 5,000 1,761 6,182 (1,182) 124% COMMUNICATIONS 2,233 2,471 3,099 (866) 139% REPAIR/MAINT 800 - 20 780 3% MISCELLANEOUS 20,000 10,000 5,000 15,000 25% INTERGOVTL SVC 50,000 29,513 29,745 20,255 59% INTERFUND TRANSFER 500 - - 500 0% 80,533$ 45,602$ 48,748$ 31,285$ 61% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 37 of 317 7 Page 2 of 6 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent STREET FUND (111) SALARIES AND WAGES 447,655$ 472,691$ 403,431$ 44,224$ 90% OVERTIME 18,400 25,680 16,501 1,899 90% BENEFITS 197,283 207,880 177,399 19,884 90% UNIFORMS 6,000 4,810 4,097 1,903 68% SUPPLIES 240,000 184,190 138,052 101,948 58% SMALL EQUIPMENT 26,000 14,279 779 25,221 3% PROFESSIONAL SERVICES 12,700 20,512 4,272 8,428 34% COMMUNICATIONS 3,500 3,010 2,667 833 76% TRAVEL 1,000 835 693 307 69% ADVERTISING 350 - 350 0% RENTAL/LEASE 159,134 4,316 146,065 13,069 92% INSURANCE 87,204 93,305 87,201 3 100% UTILITIES 267,750 208,276 207,908 59,842 78% REPAIRS & MAINTENANCE 45,000 12,080 24,780 20,220 55% MISCELLANEOUS 8,000 6,858 1,400 6,600 18% INTERGOVERNMENTAL SERVICES 4,000 1,277 1,680 2,321 42% INTERFUND TRANSFER 28,650 6,600 558 28,092 2% GENERAL OBLIGATION BOND PRINCIPAL 3,015 - - 3,015 0% INTEREST ON LONG-TERM EXTERNAL DEBT 2,074 4,122 1,037 1,037 50% INTEREFUND RENTAL - 175,032 - - 0% 1,557,715$ 1,445,753$ 1,218,519$ 339,196$ 78% COMBINED STREET CONST/IMPROVE (112) PROFESSIONAL SERVICES 1,272,100$ 797,548$ 784,270$ 487,830$ 62% MISCELLANEOUS 26,428 - 26,427 1 100% INTERFUND TRANSFER OUT 378,500 53,497 41,498 337,003 11% LAND 909,400 - - 909,400 0% CONST SURFACE CONST PROJECTS 2,519,132 891,468 644,793 1,874,339 26% INTERGOVERNMENTAL LOANS 72,203 72,201 72,201 2 100% INTEREST ON INTERGOVERNMENTAL LOANS 4,481 4,840 4,479 2 100% INTERFUND SERVICES 326,000 119,267 131,770 194,230 40% 5,508,244$ 1,938,821$ 1,705,439$ 3,802,805$ 31% MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES 6,970$ 2,995$ 5,779$ 1,191$ 83% SMALL EQUIPMENT 1,000 523 723 277 72% PROFESSIONAL SERVICES 119,533 36,690 39,458 80,075 33% TRAVEL 50 10 64 (14) 128% ADVERTISING 4,000 4,000 2,250 1,750 56% RENTAL/LEASE 4,831 - 4,281 550 89% REPAIRS & MAINTENANCE 300 - - 300 0% MISCELLANEOUS 10,110 5,533 6,835 3,275 68% INTERFUND TRANSFER 3,000 - - 3,000 0% 149,794$ 49,751$ 59,390$ 90,404$ 40% HOTEL/MOTEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES 14,500$ 8,554$ 16,123$ (1,623)$ 111% ADVERTISING 37,500 26,599 25,853 11,647 69% MISCELLANEOUS 2,500 1,446 157 2,343 6% INTERFUND TRANSFERS 14,000 9,000 12,000 2,000 86% 68,500$ 45,599$ 54,133$ 14,367$ 79% EMPLOYEE PARKING PERMIT FUND (121) SUPPLIES 1,640$ 1,336$ 1,642$ (2)$ 100% SMALL EQUIPMENT - - 555 (555) 0% INTERFUND TRANSFER 25,086 25,086 12,543 12,543 50% 26,726$ 26,422$ 14,740$ 11,986$ 55% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS 4,000$ 3,375$ 3,293$ 707$ 82% 4,000$ 3,375$ 3,293$ 707$ 82% TOURISM PROMOTIONAL FUND/ARTS (123) PROFESSIONAL SVC 10,500$ 9,288$ 5,347$ 5,153$ 51% ADVERTISING 4,500 3,865 3,905 595 87% MISCELLANEOUS 4,000 3,442 2,989 1,011 75% 19,000$ 16,595$ 12,240$ 6,760$ 64% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 38 of 317 8 Page 3 of 6 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent REAL ESTATE EXCISE TAX 2 (125) SUPPLIES 29,000$ 43,622$ 136,991$ (107,991)$ 472% PROFESSIONAL SERVICES 337,000 76,416 20,214 316,786 6% ADVERTISING - - 379 (379) 0% RENTAL/LEASE - - 3,399 (3,399) 0% UTILITIES - - - - 0% REPAIRS & MAINTENANCE 185,000 1,544 30,229 154,771 16% INTERFUND TRANSFER 750,732 172,500 - 750,732 0% CONSTRUCTION PROJECTS 100,000 100,203 - 100,000 0% INTERFUND SERVICES - - - - 0% 1,401,732$ 394,285$ 191,213$ 1,210,519$ 14% REAL ESTATE EXCISE TAX 1, PARKS ACQ (126) MISCELLANEOUS -$ -$ -$ -$ 0% INTERFUND TRANSFER 438,910 16,540 26,071 412,839 6% LAND 200,000 - - 200,000 0% GENERAL OBLIGATION BONDS 17,550 102,335 - 17,550 0% INTEREST 12,074 - 6,037 6,037 50% 668,534$ 118,875$ 32,108$ 636,426$ 5% GIFTS CATALOG FUND (127) SUPPLIES 22,020$ 1,566$ 9,603$ 12,417$ 44% PROFESSIONAL SERVICES 9,000 3,300 6,553 2,447 73% INTERFUND TRANSFER 12,297 - 12,297 - 100% 43,317$ 4,866$ 28,453$ 14,864$ 66% SPECIAL PROJECTS FUND (129) PROFESSIONAL SERVICES 31,700$ 86,973$ 26,608$ 5,092$ 84% CONSTRUCTION PROJECTS 171,600 - 114,251 57,349 67% INTERFUND SERVICES 19,500 10,098 28,696 (9,196) 147% 222,800$ 97,071$ 169,556$ 53,244$ 76% CEMETERY MAINTENANCE/IMPROVEMENT (130) SALARIES AND WAGES 68,605$ 64,840$ 63,077$ 5,528$ 92% OVERTIME 3,500 2,878 2,540 960 73% BENEFITS 33,188 30,422 29,081 4,107 88% UNIFORMS 1,000 - - 1,000 0% SUPPLIES 7,000 3,291 2,335 4,665 33% SUPPLIES PURCHASED FOR INVENTORY/RESALE 20,000 23,132 12,404 7,596 62% PROFESSIONAL SERVICES 1,000 200 200 800 20% COMMUNICATIONS 1,412 1,164 1,300 112 92% TRAVEL 500 - - 500 0% ADVERTISING 3,000 2,886 3,214 (214) 107% RENTAL/LEASE 5,256 - 4,818 438 92% UTILITIES 3,800 2,659 - 3,800 0% REPAIRS & MAINTENANCE 500 - - 500 0% MISCELLANEOUS 4,000 3,178 2,357 1,643 59% MACHINERY/EQUIPMENT - 17,336 - - 0% INTERFUND RENTAL - 6,655 - - 0% 152,761$ 158,641$ 121,326$ 31,435$ 79% PARKS CONSTRUCTION FUND (132) SUPPLIES -$ 75,671$ -$ -$ 0% PROFESSIONAL SERVICES 1,918,500 66,255 109,531 1,808,969 6% INTERFUND TRANSFER - 85,143 - - 0% CONSTRUCTION PROJECTS 169,700 228,399 - 169,700 0% INTERFUND SERVICES 3,000 20,395 1,114 1,886 37% 2,091,200$ 475,863$ 110,645$ 1,980,555$ 5% PARKS TRUST FUND (136) INTERFUND TRANSFER -$ 6,930$ -$ -$ 0% -$ 6,930$ -$ -$ 0% SISTER CITY COMMISSION (138) SUPPLIES 500$ 1,352$ 222$ 278$ 44% STUDENT TRIP - - - - 0% MISCELLANEOUS 13,237 2,903 13,052 185 99% 13,737$ 4,255$ 13,274$ 463$ 97% TRANSPORTATION BENEFIT DISTRICT (139) PROFESSIONAL SERVICES -$ -$ 1,756$ (1,756)$ 0% INSURANCE 5,000 5,000 5,000 - 100% INTERFUND TRANSFER 680,000 538,548 603,234 76,766 89% INTERGOVTL SERVICES - 49,936 - - 0% 685,000$ 593,484$ 609,989$ 75,011$ 89% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 39 of 317 9 Page 4 of 6 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent LID FUND CONTROL (211) INTERFUND TRANSFER 22,130$ 128,184$ -$ 22,130$ 0% 22,130$ 128,184$ -$ 22,130$ 0% 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND 825,372$ 9,228,000$ -$ 825,372$ 0% INTEREST 184,530 - 92,264 92,266 50% DEBT ISSUE COSTS - 119,579 - - 0% 1,009,902$ 9,347,579$ 92,264$ 917,638$ 0% WATER FUND (421) SALARIES AND WAGES 756,455$ N/A 659,789$ 96,666$ 87% OVERTIME 24,180 N/A 21,408 2,772 89% BENEFITS 277,956 N/A 278,525 (569) 100% UNIFORMS 6,840 N/A 3,859 2,981 56% SUPPLIES 143,505 N/A 111,647 31,858 78% FUEL CONSUMED - N/A - - 0% WATER PURCHASED FOR RESALE 1,725,000 N/A 1,298,983 426,018 75% SUPPLIES PURCHASED FOR INVENTORY/RESALE 140,000 N/A 99,126 40,874 71% SMALL EQUIPMENT 10,400 N/A 6,669 3,731 64% PROFESSIONAL SERVICES 178,136 N/A 298,593 (120,457) 168% COMMUNICATIONS 30,280 N/A 27,270 3,010 90% TRAVEL 3,400 N/A 54 3,346 2% ADVERTISING 560 N/A - 560 0% RENTAL/LEASE 91,205 N/A 84,549 6,656 93% INSURANCE 67,699 N/A 67,607 92 100% UTILITIES 28,000 N/A 25,958 2,042 93% REPAIRS & MAINTENANCE 24,160 N/A 3,345 20,815 14% MISCELLANEOUS 307,630 N/A 317,488 (9,858) 103% INTERGOVERNMENTAL SERVICES 30,000 N/A 25,163 4,837 84% INTERFUND TAXES 904,893 N/A 882,082 22,811 97% INTERFUND TRANSFER 5,402,179 N/A 5,330,279 71,900 99% MACHINERY/EQUIPMENT 85,000 N/A 49,849 35,151 59% CONSTRUCTION PROJECTS 3,697,520 N/A 1,279,394 2,418,126 35% GENERAL OBLIGATION BONDS 2,025 N/A - 2,025 0% REVENUE BONDS 209,471 N/A - 209,471 0% INTERGOVERNMENTAL LOANS 45,839 N/A 45,839 0 100% INTEREST 280,306 N/A 140,928 139,378 50% DEBT ISSUE COSTS 38,937 N/A 22,384 16,553 57% OTHER INTEREST & DEBT SERVICE COSTS - N/A 175 (175) 0% INTERFUND SERVICES 354,368 N/A 400,181 (45,813) 113% INTERFUND REPAIR - N/A 48 (48) 0% 14,865,944$ 11,481,190$ 3,384,801$ 77% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A Packet Page 40 of 317 10 Page 5 of 6 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent STORM FUND (422) SALARIES AND WAGES 568,591$ N/A 476,643$ 91,948$ 84% OVERTIME 6,000 N/A 14,452 (8,452) 241% BENEFITS 224,231 N/A 202,839 21,392 90% UNIFORMS 6,540 N/A 5,562 978 85% SUPPLIES 50,000 N/A 26,726 23,274 53% SMALL EQUIPMENT 4,400 N/A 2,266 2,134 51% PROFESSIONAL SERVICES 599,190 N/A 653,435 (54,245) 109% COMMUNICATIONS 3,480 N/A 1,832 1,648 53% TRAVEL 4,300 N/A 864 3,436 20% ADVERTISING 500 N/A - 500 0% RENTAL/LEASE 217,412 N/A 197,423 19,989 91% INSURANCE 8,418 N/A 8,407 11 100% UTILITES 10,000 N/A 7,907 2,093 79% REPAIR & MAINTENANCE 11,860 N/A 6,129 5,731 52% MISCELLANEOUS 106,100 N/A 92,128 13,972 87% INTERGOVERNMENTAL SERVICES 45,000 N/A 29,564 15,436 66% INTERFUND TAXES AND OPERATING ASSESSMENT 291,600 N/A 268,115 23,485 92% INTERFUND TRANSFER 920,902 N/A 900,328 20,574 98% CONSTRUCTION PROJECTS 1,706,900 N/A - 1,706,900 0% GENERAL OBLIGATION BONDS 101,469 N/A - 101,469 0% REVENUE BONDS 82,906 N/A - 82,906 0% INTERGOVERNMENTAL LOANS 32,063 N/A 32,063 1 100% INTEREST 187,245 N/A 94,584 92,661 51% OTHER INTEREST & DEBT SERVICE COSTS 3,773 N/A 3,856 (83) 102% INTERFUND PROFESSIONAL SERVICES 300,391 N/A 516,570 (216,179) 172% 5,493,271$ 3,541,692$ 1,951,579$ 64% SEWER FUND (423) SALARIES AND WAGES 1,653,859$ N/A 1,395,382$ 258,477$ 84% OVERTIME 73,000 N/A 83,838 (10,838) 115% BENEFITS 670,069 N/A 589,146 80,923 88% UNIFORMS 11,190 N/A 7,893 3,297 71% SUPPLIES 482,505 N/A 243,738 238,767 51% FUEL CONSUMED 90,000 N/A 117,409 (27,409) 130% SUPPLIES PURCHASED FOR INV OR RESALE 3,000 N/A - 3,000 0% SMALL EQUIPMENT 16,400 N/A 14,237 2,163 87% PROFESSIONAL SERVICES 1,152,083 N/A 885,482 266,601 77% COMMUNICATIONS 40,280 N/A 33,431 6,849 83% TRAVEL 7,400 N/A 380 7,020 5% ADVERTISING 2,500 N/A (20) 2,520 -1% RENTAL/LEASE 133,736 N/A 120,625 13,111 90% INSURANCE 157,117 N/A 156,092 1,025 99% UTILITIES 931,200 N/A 819,453 111,747 88% REPAIR & MAINTENANCE 90,000 N/A 139,623 (49,623) 155% MISCELLANEOUS 211,100 N/A 184,452 26,648 87% INTERGOVERNMENTAL SERVICES 290,000 N/A 106,389 183,611 37% INTERFUND TAXES AND OPERATING ASSESSMENT 470,000 N/A 438,796 31,204 93% INTERFUND TRANSFERS 10,081,639 N/A 9,595,262 486,377 95% MACHINERY/EQUIPMENT 141,000 N/A - 141,000 0% CONSTRUCTION PROJECTS 9,104,110 N/A 5,076,931 4,027,179 56% GENERAL OBLIGATION BONDS 189,978 N/A - 189,978 0% REVENUE BONDS 222,625 N/A - 222,625 0% INTERGOVERNMENTAL LOANS 143,620 N/A 143,620 (0) 100% INTEREST 131,249 N/A 69,705 61,544 53% DEBT ISSUE COSTS 53,668 N/A 37,117 16,551 69% OTHER INTEREST & DEBT SERVICE COSTS - N/A 41 (41) 0% INTERFUND PROFESSIONAL SERVICES 598,589 N/A 537,115 61,474 90% 27,151,917$ 20,796,140$ 6,355,777$ 77% BOND RESERVE FUND (424) OTHER INTEREST & DEBT SERVICE COSTS 83,542$ N/A 82,095$ 1,447 98% INTEREST 189,117 N/A - 189,117 0% 272,659 82,095 190,564 30% EXPENDITURES BY FUND - DETAIL *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A CITY OF EDMONDS Packet Page 41 of 317 11 Page 6 of 6 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent EQUIPMENT RENTAL FUND (511) SALARIES AND WAGES 228,064$ 217,278$ 162,996$ 65,068$ 71% OVERTIME 1,000 906 886 114 89% BENEFITS 100,397 93,094 73,252 27,145 73% UNIFORMS 1,000 586 654 346 65% SUPPLIES 76,000 79,847 92,645 (16,645) 122% FUEL CONSUMED 1,000 951 387 613 39% SUPPLIES PURCHASED FOR INVENTORY/RESALE 321,800 304,040 191,599 130,201 60% SMALL EQUIPMENT 8,000 5,400 20,277 (12,277) 253% PROFESSIONAL SERVICES 1,000 516 1,923 (923) 192% COMMUNICATIONS 3,000 1,275 1,363 1,637 45% RENTAL/LEASE 9,996 975 8,516 1,480 85% INSURANCE 34,083 32,530 34,153 (70) 100% UTILITIES 14,000 10,577 10,086 3,914 72% REPAIRS & MAINTENANCE 60,000 53,350 39,422 20,578 66% MISCELLANEOUS 6,000 5,806 5,004 996 83% INTERGOVERNMENTAL SERVICES 2,500 1,702 2,239 261 90% MACHINERY/EQUIPMENT 217,532 428,342 128,780 88,752 59% INTERFUND RENTAL 10,000 9,493 - 10,000 0% 1,095,372$ 1,246,668$ 774,183$ 321,189$ 71% FIREMEN'S PENSION FUND (617) BENEFITS 63,000$ 49,619$ 22,041$ 40,959$ 35% PENSION AND DISABILITY PAYMENTS 43,790 35,253 49,290 (5,500) 113% PROF SERVICES 2,000 1,065 1,169 831 58% 108,790$ 85,937$ 72,500$ 36,290$ 67% TOTAL EXPENDITURE ALL FUNDS 97,642,626$ 47,609,221$ 70,773,119$ 26,500,635$ 72% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 42 of 317 12 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent CITY COUNCIL 273,623$ 227,633$ 252,727$ 20,896$ 92% OFFICE OF MAYOR 240,866 207,018 215,716 25,150 90% HUMAN RESOURCES 296,058 199,306 236,301 59,757 80% MUNICIPAL COURT 729,506 660,964 664,592 64,914 91% CITY CLERK 586,831 463,150 542,017 44,814 92% ADMINISTRATIVE SERVICES 1,518,518 1,292,772 1,202,598 315,920 79% CITY ATTORNEY 499,200 449,436 448,185 51,015 90% NON-DEPARTMENTAL 11,675,354 11,874,391 9,283,156 2,392,198 80% POLICE SERVICES 9,013,653 7,904,315 8,181,471 832,182 91% COMMUNITY SERVICES/ECONOMIC DEV.377,764 378,873 325,900 51,864 86% DEVELOPMENT SERVICES 1,687,894 1,455,361 1,418,595 269,299 84% PARKS & RECREATION 3,442,517 3,037,701 3,062,541 379,976 89% PUBLIC WORKS 1,742,705 1,480,574 1,539,011 203,694 88% FACILITIES MAINTENANCE 1,344,159 1,181,322 1,195,797 148,362 89% 33,428,648$ 30,812,816$ 28,568,606$ 4,860,042$ 85% Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent WATER UTILITY FUND 14,865,944$ N/A 11,481,190$ 3,384,754$ 77% STORM UTILITY FUND 5,493,271 N/A 3,541,692 1,951,579 64% SEWER/WWTP UTILITY FUND 27,151,917 N/A 20,796,140 6,355,777 77% BOND RESERVE FUND 272,659 N/A 82,095 190,564 30% 47,783,791$ 35,901,117$ 11,882,674$ 75% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY EXPENDITURES - UTILITY- BY FUND IN SUMMARY CITY OF EDMONDS CITY OF EDMONDS *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A Packet Page 43 of 317 13 Page 1 of 4 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent CITY COUNCIL SALARIES 114,618$ 97,080$ 107,888$ 6,730$ 94% OVERTIME 2,000 5,540 688 1,312 34% BENEFITS 68,165 64,476 64,671 3,494 95% SUPPLIES 1,000 593 308 692 31% PROFESSIONAL SVC 53,082 49,361 57,112 (4,030) 108% COMMUNICATIONS 3,000 2,687 2,601 399 87% TRAVEL 2,500 879 626 1,874 25% RENTAL/LEASE 490 422 427 63 87% REPAIRS/MAINT 1,500 - 55 1,445 4% MISCELLANEOUS 27,268 6,595 18,351 8,917 67% 273,623$ 227,633$ 252,727$ 20,896$ 92% OFFICE OF MAYOR SALARIES 185,987$ 163,319$ 170,487$ 15,500$ 92% OVERTIME - - - - 0% BENEFITS 42,079 37,009 38,923 3,156 93% SUPPLIES 2,000 710 1,112 888 56% PROFESSIONAL SVC 1,500 - 109 1,391 7% COMMUNICATION 1,400 992 850 550 61% TRAVEL 2,000 773 664 1,336 33% RENTAL/LEASE 2,400 2,240 1,865 535 78% REPAIR/MAINT 500 - - 500 0% MISCELLANEOUS 3,000 1,975 1,704 1,296 57% 240,866$ 207,018$ 215,716$ 25,150$ 90% HUMAN RESOURCES SALARIES 169,000$ 85,917$ 150,626$ 18,374$ 89% OVERTIME - - - - 0% BENEFITS 61,680 30,963 45,179 16,501 73% SUPPLIES 2,000 1,623 3,461 (1,461) 173% SMALL EQUIPMENT 100 - - 100 0% PROFESSIONAL SVC 39,500 68,189 22,111 17,389 56% COMMUNICATIONS 500 334 426 74 85% TRAVEL 500 - 572 (72) 114% ADVERTISING 5,000 833 3,007 1,993 60% RENTAL/LEASE 2,000 2,165 1,867 133 93% REPAIR/MAINT 6,000 4,820 5,349 651 89% MISCELLANEOUS 9,778 4,462 3,704 6,074 38% 296,058$ 199,306$ 236,301$ 59,757$ 80% MUNICIPAL COURT SALARIES 464,471$ 420,863$ 432,068$ 32,403$ 93% OVERTIME 100 572 16 84 16% BENEFITS 168,526 150,168 143,586 24,940 85% SUPPLIES 9,159 9,534 13,264 (4,105) 145% SMALL EQUIPMENT 2,000 - 1,653 347 83% PROFESSIONAL SERVICES 60,500 55,071 59,745 755 99% COMMUNICATIONS 2,600 1,959 2,051 549 79% TRAVEL 1,250 2,257 2,088 (838) 167% RENTAL/LEASE 650 733 1,095 (445) 168% REPAIR/MAINT 1,000 978 409 591 41% MISCELLANEOUS 19,250 18,737 8,618 10,632 45% INTERGOVTL SVC - 92 - - 0% 729,506$ 660,964$ 664,592$ 64,914$ 91% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL CITY OF EDMONDS Packet Page 44 of 317 14 Page 2 of 4 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent CITY CLERK SALARIES AND WAGES 305,572$ 268,951$ 329,468$ (23,896)$ 108% BENEFITS 92,771 83,320 93,509 (738) 101% SUPPLIES 13,760 7,569 8,344 5,416 61% SMALL EQUIPMENT - - 1,560 (1,560) 0% PROFESSIONAL SERVICES 84,751 19,005 42,375 42,376 50% COMMUNICATIONS 50,000 37,772 37,232 12,768 74% TRAVEL 250 7 57 193 23% ADVERTISING 3,690 20,386 3,185 505 86% RENTAL/LEASE 25,000 14,885 14,125 10,875 57% REPAIRS & MAINTENANCE 8,037 8,167 8,599 (562) 107% MISCELLANEOUS 3,000 3,088 3,562 (562) 119% 586,831$ 463,150$ 542,017$ 44,814$ 92% ADMINISTRATIVE SERVICES SALARIES 661,370$ 661,792$ 628,039$ 33,331$ 95% OVERTIME 8,000 7,607 6,470 1,530 81% BENEFITS 214,100 208,633 200,125 13,975 93% SUPPLIES 35,700 62,862 13,624 22,076 38% SMALL EQUIPMENT 87,500 70,589 68,587 18,913 78% PROFESSIONAL SERVICES 175,850 40,960 95,814 80,036 54% COMMUNICATIONS 58,960 55,050 46,520 12,440 79% TRAVEL 3,300 2,330 1,017 2,283 31% RENTAL/LEASE 8,988 4,551 7,717 1,271 86% REPAIR/MAINT 171,750 158,881 83,266 88,484 48% MISCELLANEOUS 8,000 19,517 28,684 (20,684) 359% MACHINERY/EQUIPMENT 85,000 - 22,735 62,265 27% 1,518,518$ 1,292,772$ 1,202,598$ 315,920$ 79% CITY ATTORNEY PROFESSIONAL SVC 499,200$ 449,236$ 448,185$ 51,015$ 90% MISC PROSECUTOR - 200 - - 0% 499,200$ 449,436$ 448,185$ 51,015$ 90% NON-DEPARTMENTAL SALARIES 93,785$ 1,900$ -$ 93,785$ 0% BENEFITS - UNEMPLOYMENT 40,000 43,750 24,754 15,246 62% PROFESSIONAL SVC 380,000 209,985 206,726 173,274 54% COMMUNICATIONS - 5 - - 0% RENTAL/LEASE 3,600 3,600 3,600 - 100% INSURANCE 396,193 420,109 399,287 (3,094) 101% MISCELLANEOUS 55,156 56,183 54,993 163 100% INTERGOVT SVC 7,532,912 7,376,978 7,347,152 185,760 98% ECA LOAN PAYMENT 190,000 250,000 180,000 10,000 95% EXCISE TAXES 5,500 6,225 5,022 478 91% INTERFUND TRANSFERS 1,575,185 3,014,159 762,056 813,129 48% GENERAL OBLIGATION BOND 946,595 102,559 107,580 839,015 11% INSTALLMENT PURCHASES 64,014 63,380 64,014 0 100% OTHER DEBT - - - - 0% INTEREST ON LONG-TERM DEBT 185,614 202,175 114,141 71,473 61% DEBT ISSUANCE COSTS 5,000 1,125 - 5,000 0% FISCAL AGENT FEES - - 478 (478) 0% INTERFUND SERVICES 201,800 122,258 13,353 188,447 7% 11,675,354$ 11,874,391$ 9,283,156$ 2,392,198$ 80% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 45 of 317 15 Page 3 of 4 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent POLICE SERVICES SALARIES 5,206,408$ 4,743,897$ 4,702,573$ 503,835$ 90% OVERTIME 402,720 339,434 375,007 27,713 93% HOLIDAY BUYBACK 193,388 185,942 175,302 18,086 91% BENEFITS 1,733,917 1,649,751 1,670,197 63,720 96% UNIFORMS 52,410 42,955 37,310 15,100 71% SUPPLIES 94,100 72,914 56,377 37,723 60% SMALL EQUIPMENT 16,205 5,252 13,717 2,488 85% PROFESSIONAL SVC 129,431 74,363 140,680 (11,249) 109% COMMUNICATIONS 33,592 23,338 21,031 12,561 63% TRAVEL 16,300 10,975 8,847 7,453 54% ADVERTISING 375 66 73 302 19% RENTAL/LEASE 538,344 14,160 490,734 47,610 91% REPAIR/MAINT 16,115 8,083 6,519 9,596 40% MISCELLANEOUS 36,300 32,785 27,851 8,450 77% INTERGOVTL SVC 496,048 405,590 411,254 84,794 83% INTERFUND RENTAL 48,000 294,030 44,000 4,000 92% INTERFUND REPAIRS - 780 - - 0% 9,013,653$ 7,904,315$ 8,181,471$ 832,182$ 91% COMMUNITY SERVICES/ECON DEV. SALARIES 213,304$ 193,804$ 195,791$ 17,513$ 92% BENEFITS 62,052 55,886 57,858 4,194 93% SUPPLIES 1,500 1,831 682 818 45% SMALL EQUIPMENT 800 - - 800 0% PROFESSIONAL SVC 65,254 108,527 53,147 12,107 81% COMMUNICATIONS 1,490 1,050 1,312 178 88% TRAVEL 2,000 24 198 1,802 10% ADVERTISING 24,500 12,106 11,273 13,227 46% RENTAL/LEASE 2,364 2,744 2,197 167 93% REPAIR/MAINT 500 - - 500 0% MISCELLANEOUS 4,000 2,901 3,442 558 86% 377,764$ 378,873$ 325,900$ 51,864$ 86% DEVELOPMENT SERVICES/PLANNING SALARIES 1,044,346$ 973,670$ 953,668$ 90,678$ 91% OVERTIME 1,300 3,170 1,218 82 94% BENEFITS 361,520 341,262 336,066 25,454 93% UNIFORMS - - - - 0% SUPPLIES 13,000 14,150 10,018 2,982 77% MINOR EQUIPMENT 1,100 1,557 359 741 33% PROFESSIONAL SVC 199,600 60,067 62,468 137,132 31% COMMUNICATIONS 4,000 4,373 3,724 276 93% TRAVEL 1,600 998 554 1,046 35% ADVERTISING 3,000 4,504 3,496 (496) 117% RENTAL/LEASE 32,828 26,907 30,244 2,584 92% REPAIRS & MAINTENANCE 500 606 112 388 22% MISCELLANEOUS 25,100 24,097 16,668 8,432 66% 1,687,894$ 1,455,361$ 1,418,595$ 269,299$ 84% ENGINEERING SALARIES 1,007,140$ 878,900$ 885,465$ 121,675$ 88% OVERTIME 5,000 3,781 1,199 3,801 24% BENEFITS 365,880 307,308 325,995 39,885 89% UNIFORMS 360 182 - 360 0% SUPPLIES - - - - 0% MINOR EQUIPMENT 2,000 2,698 1,002 998 50% PROFESSIONAL SVC 5,000 2,145 840 4,160 17% COMMUNICATIONS 6,700 4,928 5,209 1,491 78% TRAVEL 600 521 52 548 9% ADVERTISING - - 264 (264) 0% RENTAL/LEASE 13,408 6,182 12,287 1,121 92% REPAIR/MAINT 1,800 895 38 1,762 2% MISCELLANEOUS 10,300 10,082 8,092 2,208 79% 1,418,188$ 1,217,622$ 1,240,443$ 177,745$ 87% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 46 of 317 16 Page 4 of 4 Title 2013 Amended Budget 11/30/2012 Expenditures 11/30/2013 Expenditures Amount Remaining % Spent PARKS & RECREATION SALARIES 1,769,631$ 1,643,894$ 1,588,996$ 180,635$ 90% OVERTIME 5,000 10,218 7,468 (2,468) 149% BENEFITS 584,326 541,092 533,514 50,812 91% UNIFORMS 5,340 2,601 4,098 1,242 77% SUPPLIES 131,925 104,545 90,303 41,622 68% MINOR EQUIPMENT 3,250 33,568 2,408 842 74% PROFESSIONAL SVC 405,297 257,431 333,414 71,883 82% COMMUNICATIONS 28,218 20,098 22,269 5,949 79% TRAVEL 5,942 1,186 1,621 4,321 27% ADVERTISING 4,300 2,859 2,418 1,882 56% RENTAL/LEASE 149,152 116,076 146,564 2,588 98% PUBLIC UTILITY 150,000 159,129 169,824 (19,824) 113% REPAIR/MAINT 51,845 32,013 34,846 16,999 67% MISCELLANEOUS 77,596 66,087 82,845 (5,249) 107% MACHINERY/EQUIPMENT - 13,097 - - 0% INTERGOVTL SVC 70,695 33,807 41,953 28,742 59% 3,442,517$ 3,037,701$ 3,062,541$ 379,976$ 89% PUBLIC WORKS SALARIES 225,381$ 202,273$ 224,443$ 938$ 100% OVERTIME 200 - - 200 0% BENEFITS 76,157 50,042 61,052 15,105 80% SUPPLIES 5,100 3,808 4,329 771 85% SMALL EQUIPMENT - - 201 (201) 0% PROFESSIONAL SERVICES 200 48 50 150 25% COMMUNICATIONS 1,200 978 1,236 (36) 103% TRAVEL 500 - - 500 0% RENTAL/LEASE 10,779 2,691 3,970 6,809 37% PUBLIC UTILITY 2,600 2,067 2,081 519 80% REPAIR/MAINT 1,000 - - 1,000 0% MISCELLANEOUS 1,400 1,045 1,206 194 86% 324,517$ 262,952$ 298,568$ 25,949$ 92% FACILITIES MAINTENANCE SALARIES 621,104$ 556,473$ 572,069$ 49,035$ 92% OVERTIME 2,500 1,996 145 2,355 6% BENEFITS 249,515 224,579 220,348 29,167 88% UNIFORMS 3,000 1,837 1,270 1,730 42% SUPPLIES 65,000 66,727 57,372 7,628 88% TRAVEL - 2 - - 0% MINOR EQUIPMENT 6,000 2,399 4,783 1,217 80% PROFESSIONAL SERVICES - - 53 (53) 0% COMMUNICATIONS 13,000 11,855 11,896 1,104 92% RENTAL/LEASE 44,940 22,605 41,470 3,470 92% PUBLIC UTILITY 277,000 244,048 236,660 40,340 85% REPAIR/MAINT 60,000 45,808 48,397 11,604 81% MISCELLANEOUS 2,100 2,993 1,336 764 64% 1,344,159$ 1,181,322$ 1,195,797$ 148,362$ 89% TOTAL GENERAL FUND EXPENDITURES 33,428,648$ 30,812,816$ 28,568,606$ 4,860,042$ 85% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 47 of 317 17 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 1,217,865$ 1,217,865$ 1,818,957$ 49.36% February 3,006,387 1,788,522 3,696,503 22.95% March 5,077,543 2,071,156 5,680,288 11.87% April 7,700,712 2,623,169 9,353,758 21.47% May 15,079,389 7,378,677 16,511,968 9.50% June 16,731,113 1,651,723 18,268,819 9.19% July 18,659,278 1,928,165 20,092,060 7.68% August 20,271,527 1,612,249 21,933,664 8.20% September 21,849,835 1,578,308 23,743,625 8.67% October 24,532,443 2,682,608 25,786,544 5.11% November 31,251,022 6,718,579 32,470,539 3.90% December 32,908,710 1,657,688 34,192,915 3.90% Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 55,778$ 55,778$ 69,441$ 24.49% February 90,478 34,700 115,535 27.69% March 125,274 34,796 257,285 105.38% April 181,702 56,428 311,272 71.31% May 237,805 56,103 353,545 48.67% June 293,909 56,104 444,366 51.19% July 353,267 59,358 535,072 51.46% August 420,422 67,155 613,259 45.87% September 484,359 63,937 698,389 44.19% October 552,822 68,463 783,021 41.64% November 607,861 55,039 837,539 37.78% December 650,000 42,139 895,599 37.78% 2013 City of Edmonds, WA Monthly Revenue Summary-General Fund 2013 City of Edmonds, WA Monthly Revenue Summary-Real Estate Excise Tax 0 6000000 12000000 18000000 24000000 30000000 36000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year 0 200000 400000 600000 800000 1000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Real Estate Excise Tax Current Year Budget Prior Year Packet Page 48 of 317 18 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 392,903$ 392,903$ 406,956$ 3.58% February 882,320 489,417 894,736 1.41% March 1,238,984 356,664 1,265,893 2.17% April 1,604,214 365,230 1,641,662 2.33% May 2,031,089 426,875 2,155,612 6.13% June 2,415,896 384,807 2,570,795 6.41% July 2,803,625 387,729 2,994,986 6.83% August 3,252,578 448,952 3,451,034 6.10% September 3,657,014 404,436 3,901,282 6.68% October 4,072,784 415,770 4,372,215 7.35% November 4,526,767 453,983 4,867,444 7.53% December 4,913,150 386,383 5,282,905 7.53% Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 112,486$ 112,486$ 94,836$ -15.69% February 229,224 116,737 220,665 -3.73% March 336,151 106,927 303,170 -9.81% April 429,023 92,872 369,694 -13.83% May 504,596 75,573 437,820 -13.23% June 561,065 56,469 473,725 -15.57% July 603,809 42,744 505,954 -16.21% August 634,288 30,479 530,649 -16.34% September 661,890 27,602 552,442 -16.54% October 691,093 29,203 575,862 -16.67% November 739,711 48,618 625,606 -15.43% December 811,174 71,463 686,045 -15.43% 2013 City of Edmonds, WA Monthly Revenue Summary-Sales and Use Tax 2013 City of Edmonds, WA Monthly Revenue Summary-Gas Utility Tax 0 1000000 2000000 3000000 4000000 5000000 6000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Sales and Use Tax Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 700000 800000 900000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Gas Utility Tax Current Year Budget Prior Year Packet Page 49 of 317 19 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 107,059$ 107,059$ 134,596$ 25.72% February 232,047 124,988 252,444 8.79% March 373,485 141,439 366,495 -1.87% April 490,181 116,696 484,087 -1.24% May 620,774 130,593 598,247 -3.63% June 737,081 116,307 712,861 -3.29% July 866,748 129,667 823,494 -4.99% August 1,002,235 135,487 935,506 -6.66% September 1,103,617 101,382 1,051,571 -4.72% October 1,258,978 155,360 1,162,447 -7.67% November 1,352,112 93,134 1,272,346 -5.90% December 1,529,498 177,386 1,439,267 -5.90% Electric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 157,586$ 157,586$ 153,240$ -2.76% February 317,215 159,628 326,077 2.79% March 474,628 157,413 487,478 2.71% April 629,668 155,040 641,845 1.93% May 770,457 140,789 787,005 2.15% June 880,143 109,686 897,904 2.02% July 988,232 108,088 997,566 0.94% August 1,081,536 93,304 1,102,559 1.94% September 1,180,052 98,516 1,202,643 1.91% October 1,266,232 86,180 1,292,050 2.04% November 1,372,866 106,634 1,409,600 2.68% December 1,475,638 102,772 1,515,122 2.68% 2013 City of Edmonds, WA Monthly Revenue Summary-Telephone Utility Tax 2013 City of Edmonds, WA Monthly Revenue Summary-Electric Utility Tax 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Electric Utility Tax Current Year Budget Prior Year 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Telephone Utility Tax Current Year Budget Prior Year Packet Page 50 of 317 20 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 347,623$ 347,623$ 437,117$ 25.74% February 651,849 304,227 730,089 12.00% March 1,067,462 415,613 1,164,370 9.08% April 1,359,550 292,088 1,452,341 6.83% May 1,783,049 423,499 1,878,909 5.38% June 2,093,928 310,879 2,208,023 5.45% July 2,569,516 475,588 2,731,972 6.32% August 2,993,552 424,036 3,181,544 6.28% September 3,592,341 598,790 3,802,117 5.84% October 4,018,622 426,281 4,232,074 5.31% November 4,521,753 503,131 4,717,501 4.33% December 4,837,500 315,747 5,046,917 4.33% Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 117,844$ 117,844$ 206,626$ -2.76% February 579,476 461,633 650,563 2.79% March 793,715 214,239 857,252 2.71% April 984,066 190,351 1,041,396 1.93% May 1,198,804 214,738 1,248,687 2.15% June 1,389,306 190,502 1,432,755 2.02% July 1,605,385 216,078 1,640,860 2.21% August 2,081,108 475,723 2,083,849 0.13% September 2,302,939 221,831 2,290,999 -0.52% October 2,499,013 196,074 2,475,111 -0.96% November 2,719,600 220,586 2,681,947 -1.38% December 2,916,000 196,400 2,875,628 -1.38% 2013 City of Edmonds, WA Monthly Revenue Summary-Meter Water Sales 2013 City of Edmonds, WA Monthly Revenue Summary-Storm Water Sales 0 1000000 2000000 3000000 4000000 5000000 6000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Meter Water Sales Current Year Budget Prior Year 0 500000 1000000 1500000 2000000 2500000 3000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Storm Water Sales Current Year Budget Prior Year Packet Page 51 of 317 21 Unmeter Sewer Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 368,573$ 368,573$ 430,475$ 16.80% February 739,189 370,616 776,988 5.11% March 1,192,379 453,190 1,208,782 1.38% April 1,561,692 369,313 1,556,465 -0.33% May 2,020,421 458,729 1,988,901 -1.56% June 2,393,961 373,540 2,339,183 -2.29% July 2,860,441 466,480 2,784,857 -2.64% August 3,236,691 376,249 3,139,291 -3.01% September 3,711,615 474,925 3,594,704 -3.15% October 4,088,150 376,535 3,954,165 -3.28% November 4,558,319 470,169 4,392,270 -3.64% December 4,935,000 376,681 4,755,230 -3.64% City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2013 0 1000000 2000000 3000000 4000000 5000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Unmeter Sewer Sales Current Year Budget Prior Year Packet Page 52 of 317 22 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 3,256,546$ 3,256,546$ 4,106,837$ 26.11% February 5,738,364 2,481,818 5,821,040 1.44% March 7,983,453 2,245,089 9,553,606 19.67% April 11,089,012 3,105,559 11,303,195 1.93% May 13,098,374 2,009,362 13,034,788 -0.49% June 16,418,926 3,320,551 15,541,665 -5.34% July 19,232,001 2,813,076 19,021,011 -1.10% August 21,718,031 2,486,030 20,865,159 -3.93% September 24,579,013 2,860,982 24,406,144 -0.70% October 26,916,798 2,337,785 26,254,716 -2.46% November 29,475,100 2,558,302 28,568,019 -3.08% December 33,428,648 3,953,548 32,399,898 -3.08% Non-Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 1,850,750$ 1,850,750$ 2,450,235$ 32.39% February 2,398,875 548,126 2,488,604 3.74% March 2,730,636 331,761 4,520,241 65.54% April 3,893,098 1,162,462 4,569,788 17.38% May 4,106,886 213,788 4,665,570 13.60% June 5,908,180 1,801,294 5,464,269 -7.51% July 6,725,281 817,101 7,050,688 4.84% August 7,108,363 383,081 7,087,477 -0.29% September 8,030,573 922,210 8,883,176 10.62% October 8,418,034 387,461 8,917,486 5.93% November 8,835,656 417,622 9,283,156 5.06% December 11,675,354 2,839,698 12,266,677 5.06% 2013 City of Edmonds, WA Monthly Expenditure Report-General Fund 2013 City of Edmonds, WA Monthly Expenditure Report-Non-Departmental 0 6000000 12000000 18000000 24000000 30000000 36000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year 0 2000000 4000000 6000000 8000000 10000000 12000000 14000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Non-Departmental Current Year Budget Prior Year Packet Page 53 of 317 23 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 20,374$ 20,374$ 15,899$ -21.96% February 43,014 22,641 38,445 -10.62% March 66,053 23,038 61,389 -7.06% April 85,839 19,787 83,350 -2.90% May 105,708 19,869 103,077 -2.49% June 127,575 21,866 129,323 1.37% July 152,874 25,299 152,370 -0.33% August 175,926 23,052 178,450 1.43% September 194,771 18,845 206,591 6.07% October 221,092 26,321 224,897 1.72% November 242,345 21,253 252,727 4.28% December 273,623 31,278 285,345 4.28% Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 20,358$ 20,358$ 19,244$ -5.47% February 40,965$ 20,607$ 38,426 -6.20% March 60,831$ 19,866$ 59,435 -2.29% April 80,594$ 19,763$ 78,215 -2.95% May 100,113$ 19,519$ 97,801 -2.31% June 119,680$ 19,567$ 117,240 -2.04% July 140,385$ 20,705$ 136,909 -2.48% August 160,149$ 19,764$ 156,244 -2.44% September 179,497$ 19,349$ 175,704 -2.11% October 201,043$ 21,545$ 196,439 -2.29% November 221,558$ 20,516$ 215,716 -2.64% December 240,866$ 19,308$ 234,514 -2.64% 2013 City of Edmonds, WA Monthly Expenditure Report-City Council 2013 City of Edmonds, WA Monthly Expenditure Report-Office of Mayor 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Office of Mayor Current Year Budget Prior Year 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Council Current Year Budget Prior Year Packet Page 54 of 317 24 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 22,078$ 22,078$ 19,264$ -12.75% February 44,778 22,700 39,680 -11.38% March 73,759 28,981 59,024 -19.98% April 97,885 24,125 84,440 -13.73% May 123,450 25,565 105,495 -14.54% June 146,273 22,823 125,617 -14.12% July 170,756 24,483 148,360 -13.12% August 192,443 21,687 168,734 -12.32% September 219,283 26,840 189,163 -13.74% October 240,551 21,268 217,020 -9.78% November 262,353 21,802 236,301 -9.93% December 296,058 33,705 266,659 -9.93% Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 53,629$ 53,629$ 51,789$ -3.43% February 112,880 59,251 115,326 2.17% March 175,265 62,385 172,514 -1.57% April 237,664 62,399 232,844 -2.03% May 296,001 58,337 289,036 -2.35% June 359,972 63,971 349,491 -2.91% July 417,999 58,027 408,529 -2.27% August 479,324 61,325 475,199 -0.86% September 537,503 58,179 539,339 0.34% October 599,074 61,571 601,609 0.42% November 660,600 61,526 664,592 0.60% December 729,506 68,906 733,914 0.60% 2013 City of Edmonds, WA Monthly Expenditure Report-Human Resources 2013 City of Edmonds, WA Monthly Expenditure Report-Municipal Court 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Municipal Court Current Year Budget Prior Year 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Human Resources Current Year Budget Prior Year Packet Page 55 of 317 25 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 23,903$ 23,903$ 23,455$ -1.87% February 60,185 36,282 54,572 -9.33% March 91,793 31,608 82,365 -10.27% April 121,470 29,677 112,729 -7.20% May 154,163 32,693 141,547 -8.18% June 181,237 27,074 168,121 -7.24% July 219,725 38,487 204,034 -7.14% August 245,828 26,103 233,447 -5.04% September 275,198 29,370 265,038 -3.69% October 306,118 30,920 296,034 -3.29% November 332,806 26,688 325,900 -2.08% December 377,764 44,958 369,925 -2.08% City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 46,581$ 46,581$ 37,742$ -18.98% February 92,331 45,750 83,146 -9.95% March 145,417 53,085 132,277 -9.04% April 190,728 45,311 174,295 -8.62% May 246,108 55,380 211,369 -14.12% June 293,563 47,455 255,790 -12.87% July 344,299 50,736 299,585 -12.99% August 388,440 44,142 359,928 -7.34% September 438,924 50,484 409,740 -6.65% October 482,314 43,390 495,285 2.69% November 532,305 49,991 542,017 1.82% December 586,831 54,526 597,537 1.82% 2013 City of Edmonds, WA Monthly Expenditure Report-Community Services/Economic Development 2013 City of Edmonds, WA Monthly Expenditure Report-City Clerk 0 100000 200000 300000 400000 500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Community Services/Economic Development Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Clerk Current Year Budget Prior Year Packet Page 56 of 317 26 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 41,269$ 41,269$ 92,733$ 124.70% February 107,231 65,962 139,675 30.26% March 158,641 51,411 195,470 23.22% April 207,023 48,382 243,433 17.59% May 261,979 54,956 273,992 4.59% June 315,391 53,412 303,287 -3.84% July 362,173 46,782 335,108 -7.47% August 424,531 62,358 368,611 -13.17% September 470,769 46,238 410,614 -12.78% October 532,119 61,350 444,839 -16.40% November 602,123 70,004 480,220 -20.25% December 723,534 121,411 577,050 -20.25% Finance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 75,216$ 75,216$ 57,510$ -23.54% February 144,311 69,095 132,734 -8.02% March 209,175 64,864 195,061 -6.75% April 270,041 60,866 288,223 6.73% May 329,932 59,892 350,529 6.24% June 399,382 69,449 419,004 4.91% July 463,038 63,656 479,400 3.53% August 519,830 56,793 540,681 4.01% September 582,932 63,101 601,823 3.24% October 654,048 71,116 662,628 1.31% November 723,184 69,137 722,378 -0.11% December 794,984 71,800 794,098 -0.11% 2013 City of Edmonds, WA Monthly Expenditure Report-Information Services 2013 City of Edmonds, WA Monthly Expenditure Report-Finance 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Information Services Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Finance Current Year Budget Prior Year Packet Page 57 of 317 27 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 41,600$ 41,600$ 45,000$ 8.17% February 83,200 41,600 85,261 2.48% March 124,800 41,600 110,418 -11.52% April 166,400 41,600 163,684 -1.63% May 208,000 41,600 192,124 -7.63% June 249,600 41,600 245,534 -1.63% July 291,200 41,600 284,215 -2.40% August 332,800 41,600 324,528 -2.49% September 374,400 41,600 360,467 -3.72% October 416,000 41,600 396,560 -4.67% November 457,600 41,600 448,185 -2.06% December 499,200 41,600 488,929 -2.06% Police Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 718,270$ 718,270$ 711,651$ -0.92% February 1,423,370 705,100 1,406,388 -1.19% March 2,165,758 742,388 2,104,655 -2.82% April 2,866,310 700,552 2,792,819 -2.56% May 3,559,969 693,659 3,483,129 -2.16% June 4,348,505 788,536 4,227,018 -2.79% July 5,073,362 724,857 4,972,804 -1.98% August 5,792,849 719,487 5,693,804 -1.71% September 6,540,466 747,617 6,439,813 -1.54% October 7,263,252 722,787 7,221,628 -0.57% November 8,235,360 972,108 8,181,471 -0.65% December 9,013,653 778,293 8,954,671 -0.65% 2013 City of Edmonds, WA Monthly Expenditure Report-City Attorney 2013 City of Edmonds, WA Monthly Expenditure Report-Police 0 100000 200000 300000 400000 500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Attorney Current Year Budget Prior Year 0 1000000 2000000 3000000 4000000 5000000 6000000 7000000 8000000 9000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Police Current Year Budget Prior Year Packet Page 58 of 317 28 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 135,540$ 135,540$ 135,003$ -0.40% February 273,132 137,592 263,070 -3.68% March 423,545 150,413 425,710 0.51% April 562,466 138,921 535,592 -4.78% May 702,372 139,906 652,334 -7.12% June 839,698 137,326 775,648 -7.63% July 971,469 131,771 905,148 -6.83% August 1,114,664 143,195 1,024,666 -8.07% September 1,255,893 141,229 1,155,902 -7.96% October 1,405,922 150,029 1,289,790 -8.26% November 1,544,018 138,095 1,418,595 -8.12% December 1,687,894 143,876 1,550,784 -8.12% Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 220,369$ 220,369$ 206,466$ -6.31% February 458,913 238,545 441,862 -3.72% March 716,059 257,146 687,221 -4.03% April 965,334 249,275 940,767 -2.54% May 1,222,832 257,498 1,200,892 -1.79% June 1,540,910 318,077 1,473,023 -4.41% July 1,933,815 392,905 1,896,279 -1.94% August 2,326,622 392,807 2,266,919 -2.57% September 2,634,141 307,520 2,534,360 -3.79% October 2,883,640 249,499 2,814,463 -2.40% November 3,116,121 232,481 3,062,541 -1.72% December 3,422,517 306,396 3,363,668 -1.72% 2013 City of Edmonds, WA Monthly Expenditure Report-Development Services 2013 City of Edmonds, WA Monthly Expenditure Report-Parks & Recreation 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Development Services Current Year Budget Prior Year 0 500000 1000000 1500000 2000000 2500000 3000000 3500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Parks & Recreation Current Year Budget Prior Year Packet Page 59 of 317 29 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 27,007$ 27,007$ 26,193$ -3.01% February 52,806 25,799 53,241 0.82% March 79,315 26,509 80,244 1.17% April 104,820 25,505 106,672 1.77% May 130,712 25,892 135,132 3.38% June 156,718 26,006 162,172 3.48% July 192,014 35,296 190,140 -0.98% August 217,880 25,866 217,744 -0.06% September 244,097 26,217 245,061 0.39% October 270,921 26,824 272,136 0.45% November 295,226 24,305 298,568 1.13% December 324,517 29,291 328,190 1.13% Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 106,672$ 106,672$ 98,355$ -7.80% February 220,921 114,249 209,083 -5.36% March 343,665 122,743 320,411 -6.77% April 478,949 135,284 434,291 -9.32% May 552,523 73,574 553,398 0.16% June 670,350 117,826 639,087 -4.66% July 775,460 105,110 762,458 -1.68% August 878,941 103,481 866,245 -1.44% September 997,041 118,100 975,946 -2.12% October 1,099,774 102,733 1,077,731 -2.00% November 1,211,822 112,048 1,195,797 -1.32% December 1,344,159 132,337 1,326,385 -1.32% 2013 City of Edmonds, WA Monthly Expenditure Report-Public Works 2013 City of Edmonds, WA Monthly Expenditure Report-Facilities Maintenance 0 50000 100000 150000 200000 250000 300000 350000 400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Public Works Current Year Budget Prior Year 0 200000 400000 600000 800000 1000000 1200000 1400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Facilities Maintenance Current Year Budget Prior Year Packet Page 60 of 317 30 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 116,831$ 116,831$ 116,885$ 0.05% February 234,167 117,336 232,112 -0.88% March 350,637 116,470 347,757 -0.82% April 476,032 125,395 462,638 -2.81% May 587,431 111,399 579,950 -1.27% June 704,550 117,118 687,628 -2.40% July 824,821 120,272 795,569 -3.55% August 943,772 118,950 903,068 -4.31% September 1,066,568 122,797 1,013,993 -4.93% October 1,191,844 125,275 1,126,760 -5.46% November 1,307,157 115,313 1,240,443 -5.10% December 1,418,188 111,031 1,345,808 -5.10% City of Edmonds, WA Monthly Expenditure Report-Engineering 2013 0 200000 400000 600000 800000 1000000 1200000 1400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Engineering Current Year Budget Prior Year Packet Page 61 of 317 31 INVESTMENT PORTFOLIO SUMMARY (a) Term Purchase Purchase Maturity / Call **Yield to Weighted Agency / Issuer Investment Type (months) Date Price Date Maturity Average Washington State Local Government Investment Pool Investment Pool Various 19,852,862$ Various 0.12% 0.069% Snohomish County Investment Pool Investment Pool Various 10,000,000$ Various 0.66% 0.198% Opus Bank Certificate of Deposit 24 9/17/2012 500,000 9/17/2014 0.60% 0.009% FHLMC Bonds 60 12/28/2012 1,000,000 12/28/2013 **0.90% 0.027% FHLMC Bonds 54 12/27/2012 1,000,000 12/27/2013 **0.75% 0.022% FFCB Bonds 45 12/19/2012 1,000,000 11/27/2013 **0.54% 0.016% TOTAL 33,352,862$ 0.34%0.342% Investment Mix % of Total State Investment Pool 59.5% Current 6-month treasury rate 0.11% Certificate of Deposit 1.5% Current State Pool rate 0.12% Bonds 9.0% Blended Edmonds rate 0.34% 70.0% (a) To maturity. Summary City of Edmonds Investment Portfolio Summary As of November 30, 2013 Packet Page 62 of 317 32 GENERAL FUND OVERVIEW 12/31/2012 9/30/2013 11/30/2013 Q3 YTD 001-General Fund 4,635,301$ 3,972,782$ 8,537,234$ (3,390,379)$ 3,901,933$ 009-Leoff-Medical Ins. Reserve 388,509 330,940 284,448 (68,144) (104,061) 011-Risk Management Fund 114,000 40,122 37,195 64,377 (76,805) 012 - Contingency Reserve Fund 5,278,152 5,343,486 5,345,994 1,507 67,842 013-Mulitmodal Transportation FD 55,859 55,859 55,859 - - 014-Historic Preservation Gift Fund 1,063 (3,503) (3,503) (4,475) (4,566) 016-Building Maintenance 214,026 208,001 114,735 (22,137) (99,291) Total General Fund 10,686,910$ 9,947,688$ 14,371,962$ (3,419,250)$ 3,685,052$ GENERAL FUND FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $10.69 $9.95 $14.37 - 2 4 6 8 10 12 14 16 Dec 2012 Sept 2013 Nov 2013 Mi l l i o n s General Fund General Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 63 of 317 33 GOVERNMENTAL FUNDS OVERVIEW 12/31/2012 9/30/2013 11/30/2013 Q3 YTD General Fund 10,686,910$ 9,947,688$ 14,371,962$ (3,419,250)$ 3,685,052$ Special Revenue 4,324,145 6,439,112 5,780,289 525,211 1,456,144 Debt Service 26,229 56,722 332,080 24,566 305,851 Total Governmental Funds 15,037,284$ 16,443,522$ 20,484,332$ (2,869,473)$ 5,447,048$ CHANGE IN FUND BALANCESGOVERNMENTAL FUNDS FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $10.69 $9.95 $14.37 $4.32 $6.44 $5.78 $0.03 $0.06 $0.33 - 2 4 6 8 10 12 14 16 Dec 2012 Sept 2013 Nov 2013 Mi l l i o n s General Fund Special Revenue Debt Service Governmental Fund Balances-By Fund GroupGovernmental Fund Balances-By Fund Group $15.04 $16.44 $20.48 - 6 12 18 24 Dec 2012 Sept 2013 Nov 2013 Mi l l i o n s Governmental Fund Balances -Combined *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 64 of 317 34 SPECIAL REVENUE FUNDS OVERVIEW 12/31/2012 9/30/2013 11/30/2013 Q3 YTD 104 - Drug Enforcement Fund 118,537$ 98,997$ 87,114$ (17,610)$ (31,423)$ 111 - Street Fund 122,981 188,938 209,349 20,325 86,368 112 - Combined Street Const/Improve 384,261 838,153 64,900 19,971 (319,361) 117 - Municipal Arts Acquis. Fund 432,251 438,384 435,404 11,638 3,153 118 - Memorial Street Tree 17,671 17,684 17,692 5 21 120 - Hotel/Motel Tax Revenue Fund 103,792 95,514 108,164 (6,514) 4,372 121 - Employee Parking Permit Fund 71,500 63,578 63,908 (75) (7,592) 122 - Youth Scholarship Fund 15,947 13,258 13,909 (576) (2,038) 123 - Tourism Promotional Fund/Arts 65,916 79,723 80,323 899 14,407 125 - Real Estate Tax 2 1,031,760 1,555,394 1,679,739 142,024 647,979 126 - Real Estate Excise Tax 1 309,555 976,102 1,115,252 254,076 805,697 127 - Gifts Catalog Fund 216,500 218,902 223,715 (5,344) 7,215 129 - Special Projects Fund 5,734 141,534 144,926 102,489 139,192 130 - Cemetery Maintenance/Improvement 53,600 62,310 72,238 16,835 18,638 132 - Parks Construction Fund 396,823 652,652 473,834 (27,067) 77,011 136 - Parks Trust Fund 149,891 150,174 150,245 42 354 137 - Cemetery Maintenance Trust Fund 818,644 830,493 834,704 5,679 16,060 138 - Sister City Commission 8,782 17,322 4,874 8,414 (3,908) Total Special Revenue 4,324,145$ 6,439,112$ 5,780,289$ 525,211$ 1,456,144$ GOVERNMENTAL Special Revenue FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $4.32 $6.44 $5.78 - 1 2 3 4 5 6 7 8 Dec 2012 Sept 2013 Nov 2013 Mi l l i o n s Special Revenue Special Revenue Funds *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 65 of 317 35 ENTERPRISE FUNDS OVERVIEW 12/31/2012 9/30/2013 11/30/2013 Q3 YTD 421 - Water Utility Fund 14,637,482$ 14,349,609$ 19,265,553$ 2,089,787$ 4,628,071$ 422 - Storm Utility Fund 8,400,457 8,991,068 9,734,972 1,301,157 1,334,515 423 - Sewer/WWTP Utility Fund 43,316,528 40,623,288 48,146,449 (1,495,385) 4,829,921 424 - Bond Reserve Fund - (82,095) 843,959 (82,095) 843,959 411 - Combined Utility Operation - 174,073 214,510 55,681 214,510 Total Enterprise Funds 66,354,467$ 64,055,943$ 78,205,444$ 1,869,144$ 11,850,977$ ENTERPRISE FUNDS FUND BALANCES CHANGE IN FUND ---- ACTUAL -------- ACTUAL ---- $214,510 $19,265,553 $9,734,972 $48,146,449 $843,959 $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 Combined Utiliyt Water Utility Storm Utility Sewer/WWTP Utility Bond Reserve Enterprise Fund Balances as of November 30, 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 66 of 317 36 SUMMARY OVERVIEW 12/31/2012 9/30/2013 11/30/2013 Q3 YTD Governmental Funds 15,037,284$ 16,443,522$ 20,484,332$ (2,896,797)$ 5,447,048$ Enterprise Funds 66,354,467 64,055,943 78,205,444 1,869,144 11,850,977 Internal Services Fund 6,536,284 7,054,918 7,075,719 185,723 539,435 Pension Trust Fund 216,719 202,084 193,949 (11,421) (22,770) Total City-wide Total 88,144,754$ 87,756,467$ 105,959,444$ (853,351)$ 17,814,690$ CITY-WIDE FUND BALANCES ---- ACTUAL ---- CHANGE IN FUND BALANCES ---- ACTUAL ---- $87,114 $209,349 $64,900 $435,404 $17,692 $108,164 $63,908 $13,909 $80,323 $1,679,739 $1,115,252 $223,715 $144,926 $72,238 $473,834 $150,245 $834,704 $4,874 $30,474 $25,764 $275,842 $1 $2,000,000 General Fund Drug Enforcement Fund Street Fund Combined Street Const/Improve Municipal Arts Acquis. Fund Memorial Street Fund Hotel/Motel Tax Revenue Fund Employee Parking Permit Fund Youth Scholarship Fund Tourism Promotional Fund/Arts Real Estate Excise Tax 2 Real Estate Excise Tax 1, Parks Acq Gifts Catalog Fund Special Projects Fund Cemetery Maintenance/Improvement Parks Construction Fund Parks Trust Fund Cemetery Maintenance Trust Fund Sister City Commission L.I.D. Fund Control L.I.D. Guaranty Fund 2012 LTGO Debt Service Fund Governmental Fund Balances as of November 30, 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 67 of 317 37 INTERNAL SERVICE FUNDS OVERVIEW 12/31/2012 9/30/2013 11/30/2013 Q3 YTD 511 - Equipment Rental Fund 6,536,284$ 7,054,918$ 7,075,719$ 185,723$ 539,435$ Total Internal Service Funds 6,536,284$ 7,054,918$ 7,075,719$ 185,723$ 539,435$ INTERNAL SERVICE FUNDS FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $6.54 $7.05 $7.08 - 2 4 6 8 Dec 2012 Sept 2013 Nov 2013 Mi l l i o n s 511 - Equipment Rental Fund Internal Service Fund Balances *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 68 of 317    AM-6471     1. E.              City Council Committee Meetings Meeting Date:01/14/2014 Time:10 Minutes   Submitted For:Roger Neumaier Submitted By:Roger Neumaier Department:Finance Committee: Finance Type: Information Information Subject Title 2013 General Fund Revenue Analysis through 11/30. Recommendation Previous Council Action Narrative The Finance Department has been asked for a systematic mechanism to estimate revenue for the General Fund.  Attached to this memo item is a 2013 General Fund revenue projection using data through November 30th, 2013.  The projection includes an estimate of year end 2013 utilizing revenue trends of the prior three years for each of the groupings of revenue within the General Fund.  The mechanism is similar to that utilized in the quarterly report for specific revenue elements. The approach of the model is to calculate the average percentage collected over the prior three years of total year end revenues for each element projected.  Using the assumption that the year-to-date revenue will be similar as a percentage of year-end revenue, the model projects year end. After projection tool (named RevModel) predicts year end revenue at the end of each month of receipts.  Finance staff then review the amount collected (in case there are any unusual elements) as well a prior years' revenues (for the same reason).  Adjustments should be made in the projections to reflect this factor. While the result is more accurate than many other projection methodologies, it is still an estimate. On the pages that follow the summary projection, a graphic projection of each of the elements of revenue is included. In the graphic, the dotted line projection represents the probable distribution of revenue during the year if budget were achieved and average prior year collections occurred as a percentage of total annual collections based on prior year history. The value of this model is that it helps to anticipate when there might be deviation from anticipated receipts earlier in the calendar year. However, users need to be reminded that this is a projection rather than a fact. The year end 2013 total revenue projected ($34.2 Million) included in this model is slightly stronger (just over $300 thousand), than the projection included with the 2014 recommended and adopted budgets ($33.9 million). Packet Page 69 of 317 Attachments 2013 RevModel Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/06/2014 02:19 PM Mayor Dave Earling 01/08/2014 09:57 AM Finalize for Agenda Scott Passey 01/08/2014 04:36 PM Form Started By: Roger Neumaier Started On: 01/06/2014 01:24 PM Final Approval Date: 01/08/2014  Packet Page 70 of 317 Revenue Element Budget Current YTD 11/30/2013 Projected YTD Variance YTD $ Variance YTD % Projected $ YE Projected Variance YE Variance YE % Property Tax 13,472,494 13,363,263 13,361,042 2,221 0.02%13,474,733 2,239 0.02% Retail Sales Tax 4,913,150 4,831,645 4,510,547 321,098 6.54%5,378,647 465,497 9.47% Other Sales & Use Tax 529,123 571,584 485,987 85,597 16.18%622,317 93,194 17.61% Utility Tax 6,484,143 5,964,517 5,995,190 (30,673) -0.47%6,450,968 (33,175) -0.51% Other Taxes 274,466 168,515 217,020 (48,505) -17.67%217,531 (56,935) -20.74% Licenses/Permits/Franchise 1,160,181 1,258,266 1,127,540 130,726 11.27%1,294,691 134,510 11.59% Construction Permits 395,436 458,400 358,168 100,232 25.35%506,097 110,661 27.98% Grants 17,191 60,781 17,687 43,094 250.68%60,781 43,590 253.56% State Revenues 569,336 548,522 511,400 37,122 6.52%610,664 41,328 7.26% Intergov't Service Charges 224,682 265,862 193,831 72,031 32.06%308,178 83,496 37.16% Interfund Service Charges 1,522,998 1,420,878 1,450,036 (29,158) -1.91%1,492,372 (30,626) -2.01% Chgs. for Goods & Services 2,399,575 2,547,994 2,310,732 237,262 9.89%2,645,959 246,384 10.27% Fines & Forfeits 518,898 592,330 437,488 154,842 29.84%702,555 183,657 35.39% Misc Revenues 364,619 417,989 350,335 67,654 18.55%435,031 70,412 19.31% Total Revenue 32,846,292 32,470,546 31,327,003 1,143,543 3.48%34,200,524 1,354,232 4.12% Packet Page 71 of 317 Property Tax 311 2013 BUDGET 13,472,494 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Budget Projection %0%0%3%7%41%1%0%0%1%9%36%1% Cumulative Budget %0%1%4%11%52%52%53%53%54%63%99%100% Monthly Forecast $52,207 41,039 390,757 1,006,876 5,486,238 69,938 48,185 38,536 115,267 1,276,112 4,835,887 111,452 Cumulative Budget $52,207 93,246 484,004 1,490,880 6,977,118 7,047,056 7,095,241 7,133,776 7,249,043 8,525,155 13,361,042 13,472,494 Actual Collected $77,985 57,006 451,188 2,069,789 5,136,037 72,430 48,485 60,330 101,436 282,047 5,006,530 Actual Collected YTD 77,985 134,991 586,179 2,655,968 7,792,005 7,864,435 7,912,920 7,973,250 8,074,686 8,356,733 13,363,263 13,363,263 YE Forecast 20,124,687 19,503,903 16,316,599 24,000,936 15,046,004 15,035,151 15,025,109 15,057,882 15,006,967 13,206,332 13,474,733 13,474,733 Projected YE Variance 6,652,193 6,031,409 16,316,599 24,000,936 15,046,004 15,035,151 15,025,109 15,057,882 15,006,967 13,206,332 13,474,733 - Budget Variance %49.38%44.77%121.11%178.15%111.68%111.60%111.52%111.77%111.39%98.02%100.02%0.00% - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Property Tax Revenues Cumulative Budget $Actual Collected YTD Packet Page 72 of 317 Sales and Use Tax 313.1 2013 BUDGET 4,913,150 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %7.83%9.78%7.24%7.27%8.73%8.00%7.93%8.88%8.33%8.33%9.49%7.89% Cumulative Forecast %7.83%17.60%24.84%32.11%40.84%48.84%56.78%65.66%73.99%82.32%91.81%99.69% Monthly Forecast $384,527 480,408 355,716 357,066 428,858 393,200 389,690 436,451 409,380 409,190 466,061 387,485 Cumulative Forecast $384,527 864,935 1,220,651 1,577,717 2,006,575 2,399,776 2,789,465 3,225,916 3,635,296 4,044,485 4,510,547 4,898,032 Actual Collected $406,956 487,780 371,157 375,768 513,950 415,184 424,191 456,049 450,247 470,933 495,229 Cumulative Collection $371,157 858,937 1,230,094 1,605,862 2,119,812 2,534,996 2,959,187 3,415,236 3,865,483 4,336,416 4,831,645 4,831,645 YE Forecast 4,742,316 4,879,080 4,951,158 5,000,796 5,190,413 5,189,992 5,212,085 5,201,489 5,224,251 5,267,781 5,262,909 5,262,909 Projected YE Variance (170,834) (8,593,414) 4,951,158 5,000,796 5,190,413 5,189,992 5,212,085 5,201,489 5,224,251 5,267,781 5,262,909 - Budget Variance %-3.48%-174.91%100.77%101.78%105.64%105.63%106.08%105.87%106.33%107.22%107.12%0.00% - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Edmonds Sales Tax Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 73 of 317 Other Sales & Use Tax 313.6+313.7 2013 BUDGET 529,123 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %8.15%10.64%7.04%7.24%8.12%7.86%8.07%8.85%8.50%8.45%8.92%8.15% Cumulative Forecast %8.15%18.80%25.84%33.08%41.20%49.05%57.13%65.97%74.47%82.93%91.85%100.00% Monthly Forecast $43,149 56,325 37,253 38,316 42,939 41,576 42,703 46,810 44,990 44,721 47,203 43,136 Cumulative Forecast $43,149 99,474 136,728 175,044 217,983 259,559 302,262 349,072 394,063 438,784 485,987 529,123 Actual Collected $82,091 58,954 42,740 41,143 49,081 44,665 47,500 50,548 50,649 51,263 52,950 Cumulative Collection $82,091 141,045 183,785 224,928 274,009 318,674 366,174 416,722 467,371 518,634 571,584 571,584 YE Forecast 1,006,649 750,246 711,231 679,914 665,119 649,632 641,003 631,666 627,557 625,413 622,317 622,317 Projected YE Variance 477,526 (12,722,248) 711,231 679,914 665,119 649,632 641,003 631,666 627,557 625,413 622,317 - Budget Variance %90.25%-2404.40%134.42%128.50%125.70%122.78%121.14%119.38%118.60%118.20%117.61%0.00% - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Other Sales & Use Tax Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 74 of 317 Utility Taxes 316 2013 BUDGET 6,484,143 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %9.44%9.10%9.88%10.03%8.02%7.32%7.63%8.57%7.77%6.31%8.38%7.54% Cumulative Forecast %9.44%18.54%28.42%38.45%46.47%53.79%61.43%69.99%77.76%84.08%92.46%100.00% Monthly Forecast $612,305 589,857 640,605 650,678 520,007 474,520 494,990 555,520 503,616 409,470 543,621 488,953 Cumulative Forecast $612,305 1,202,162 1,842,767 2,493,445 3,013,452 3,487,972 3,982,963 4,538,483 5,042,098 5,451,569 5,995,190 6,484,143 Actual Collected $629,219 646,363 592,252 479,425 634,026 467,971 505,790 500,791 512,114 465,671 530,895 Cumulative Collection $629,219 1,275,582 1,867,834 2,347,259 2,981,285 3,449,256 3,955,046 4,455,837 4,967,951 5,433,622 5,964,517 5,964,517 YE Forecast 6,663,253 6,880,149 6,572,345 6,103,989 6,414,928 6,412,169 6,438,695 6,366,067 6,388,789 6,462,797 6,450,968 6,450,968 Projected YE Variance 179,110 (6,592,345) 6,572,345 6,103,989 6,414,928 6,412,169 6,438,695 6,366,067 6,388,789 6,462,797 6,450,968 - Budget Variance %2.76%-101.67%101.36%94.14%98.93%98.89%99.30%98.18%98.53%99.67%99.49%0.00% - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Utility Taxes Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 75 of 317 Other Taxes 317 2013 BUDGET 274,466 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %3.06%22.62%0.28%1.51%2.21%19.61%3.28%20.94%0.19%3.76%1.60%20.93% Cumulative Forecast %3.06%25.68%25.96%27.47%29.69%49.30%52.58%73.52%73.71%77.47%79.07%100.00% Monthly Forecast $8,407 62,089 762 4,149 6,072 53,831 8,997 57,484 508 10,322 4,400 57,446 Cumulative Forecast $8,407 70,495 71,257 75,406 81,479 135,309 144,306 201,790 202,298 212,621 217,020 274,466 Actual Collected $- 48,671 - 5,295 56,108 53,968 4,473 Cumulative Collection $- 48,671 48,671 53,966 53,966 110,074 110,074 164,042 164,042 168,515 168,515 168,515 YE Forecast - 189,495 189,495 196,427 196,427 223,278 223,278 223,122 223,122 217,531 217,531 217,531 Projected YE Variance (274,466) (13,282,999) - 196,427 - 223,278 - 223,122 - 217,531 - - Budget Variance %-100.00%-4839.58%0.00%71.57%0.00%81.35%0.00%81.29%0.00%79.26%0.00%0.00% - 50,000 100,000 150,000 200,000 250,000 300,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Other Taxes Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 76 of 317 Licenses & Permits 321 2013 BUDGET 1,160,181 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %19.35%8.56%2.83%8.90%12.89%2.44%17.90%-0.85%0.48%22.01%2.67%2.81% Cumulative Forecast %19.35%27.90%30.73%39.63%52.53%54.97%72.87%72.03%72.51%94.52%97.19%100.00% Monthly Forecast $224,484 99,254 32,824 103,274 149,553 28,357 207,715 (9,821) 5,562 255,390 30,947 32,641 Cumulative Forecast $224,484 323,738 356,562 459,836 609,389 637,746 845,461 835,641 841,203 1,096,593 1,127,540 1,160,181 Actual Collected $336,012 31,296 8,647 42,017 242,586 6,832 254,218 25,621 10,165 269,613 31,259 Cumulative Collection $336,012 367,308 375,955 417,972 660,558 667,390 921,608 947,229 957,394 1,227,007 1,258,266 1,258,266 YE Forecast 1,736,581 1,316,324 1,223,282 1,054,557 1,257,599 1,214,109 1,264,673 1,315,107 1,320,431 1,298,157 1,294,691 1,294,691 Projected YE Variance 576,400 (12,156,170) 1,223,282 1,054,557 1,257,599 1,214,109 1,264,673 1,315,107 1,320,431 1,298,157 1,294,691 - Budget Variance %49.68%-1047.78%105.44%90.90%108.40%104.65%109.01%113.35%113.81%111.89%111.59%0.00% - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Licenses & Permits Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 77 of 317 Construction Permits 322 2013 BUDGET 395,436 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %4.87%5.32%8.91%7.22%10.30%7.33%8.75%10.71%7.21%9.83%10.13%9.42% Cumulative Forecast %4.87%10.18%19.10%26.32%36.62%43.95%52.70%63.41%70.62%80.45%90.58%100.00% Monthly Forecast $19,244 21,028 35,244 28,550 40,730 28,993 34,591 42,353 28,531 38,867 40,038 37,268 Cumulative Forecast $19,244 40,271 75,515 104,065 144,795 173,788 208,379 250,732 279,263 318,130 358,168 395,436 Actual Collected $26,513 21,914 29,919 33,470 52,738 59,685 52,971 59,594 57,782 40,880 22,934 Cumulative Collection $26,513 48,427 78,346 111,816 164,554 224,239 277,210 336,804 394,586 435,466 458,400 458,400 YE Forecast 544,817 475,522 410,259 424,888 449,398 510,232 526,054 531,181 558,733 541,285 506,097 506,097 Projected YE Variance 149,381 (12,996,972) 410,259 424,888 449,398 510,232 526,054 531,181 558,733 541,285 506,097 - Budget Variance %37.78%-3286.74%103.75%107.45%113.65%129.03%133.03%134.33%141.30%136.88%127.98%0.00% - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 500,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Construction Permit Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 78 of 317 Grants 331+333 2013 BUDGET 17,191 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %19.24%2.95%3.54%17.76%4.88%7.03%15.13%20.74%6.71%1.19%3.72%-2.88% Cumulative Forecast %19.24%22.18%25.73%43.49%48.37%55.40%70.52%91.26%97.97%99.17%102.88%100.00% Monthly Forecast $3,307 507 609 3,053 839 1,208 2,601 3,565 1,154 205 639 (496) Cumulative Forecast $3,307 3,814 4,423 7,476 8,315 9,523 12,124 15,688 16,843 17,047 17,687 17,191 Actual Collected $- 1,480 669 356 26,026 15,641 3,749 8,175 3,677 1,008 Cumulative Collection $- 1,480 2,149 2,505 28,531 28,531 44,172 47,921 56,096 59,773 60,781 60,781 YE Forecast - 6,671 8,352 5,760 58,985 58,985 62,635 52,511 57,256 60,276 59,078 59,078 Projected YE Variance (17,191) (13,465,823) 8,352 5,760 58,985 - 62,635 52,511 57,256 60,276 59,078 - Budget Variance %-100.00%-78330.65%48.59%33.51%343.11%0.00%364.35%305.45%333.06%350.63%343.65%0.00% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Grant Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 79 of 317 State Revenues 336 2013 BUDGET 569,336 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %8.04%0.42%10.06%8.41%0.14%14.05%7.90%0.13%26.23%6.17%8.26%10.18% Cumulative Forecast %8.04%8.46%18.52%26.94%27.07%41.12%49.02%49.15%75.39%81.56%89.82%100.00% Monthly Forecast $45,784 2,400 57,277 47,890 773 79,966 44,983 767 149,365 35,149 47,045 57,936 Cumulative Forecast $45,784 48,184 105,461 153,351 154,124 234,090 279,073 279,840 429,205 464,355 511,400 569,336 Actual Collected $12,626 3,134 89,450 12,623 3,134 89,424 13,543 3,134 278,019 43,435 Cumulative Collection $12,626 15,760 105,210 117,833 120,967 210,391 223,934 227,068 505,087 548,522 548,522 548,522 YE Forecast 157,007 186,218 567,981 437,471 446,854 511,698 456,847 461,971 669,992 672,532 672,532 672,532 Projected YE Variance (412,329) (13,286,276) 567,981 437,471 446,854 511,698 456,847 461,971 669,992 672,532 - - Budget Variance %-72.42%-2333.64%99.76%76.84%78.49%89.88%80.24%81.14%117.68%118.13%0.00%0.00% - 100,000 200,000 300,000 400,000 500,000 600,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 State Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 80 of 317 Intergovernmental Service Charges 337+338+341 2013 BUDGET 224,682 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %10.26%5.89%1.36%9.45%7.06%14.30%15.18%1.86%4.15%12.08%4.68%13.73% Cumulative Forecast %10.26%16.15%17.51%26.95%34.01%48.31%63.49%65.36%69.51%81.59%86.27%100.00% Monthly Forecast $23,054 13,223 3,059 21,222 15,862 32,132 34,104 4,190 9,334 27,146 10,506 30,851 Cumulative Forecast $23,054 36,277 39,336 60,558 76,420 108,552 142,656 146,846 156,179 183,325 193,831 224,682 Actual Collected $17,571 5,640 5,425 45,536 29,161 22,289 68,391 14,971 13,275 33,040 10,563 Cumulative Collection $17,571 23,211 28,636 74,172 103,333 125,622 194,013 208,984 222,259 255,299 265,862 265,862 YE Forecast 171,245 143,757 163,565 275,191 303,807 260,013 305,569 319,757 319,745 312,892 308,178 308,178 Projected YE Variance (53,437) (13,328,737) 163,565 275,191 303,807 260,013 305,569 319,757 319,745 312,892 308,178 - Budget Variance %-23.78%-5932.27%72.80%122.48%135.22%115.72%136.00%142.32%142.31%139.26%137.16%0.00% - 50,000 100,000 150,000 200,000 250,000 300,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Intergovernmental Service Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 81 of 317 Interfund Service Charges 342+343+344+345 2013 BUDGET 1,522,998 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %3.61%12.35%4.84%9.24%7.99%5.46%11.35%10.97%5.13%13.97%10.31%4.79% Cumulative Forecast %3.61%15.96%20.79%30.04%38.03%43.49%54.84%65.80%70.94%84.90%95.21%100.00% Monthly Forecast $54,972 188,039 73,694 140,784 121,739 83,154 172,810 166,997 78,161 212,696 156,990 72,962 Cumulative Forecast $54,972 243,011 316,705 457,489 579,228 662,382 835,192 1,002,189 1,080,350 1,293,047 1,450,036 1,522,998 Actual Collected $40,933 232,064 41,293 249,423 82,906 61,180 71,531 251,237 37,769 84,131 268,411 Cumulative Collection $40,933 272,997 314,290 563,713 646,619 707,799 779,330 1,030,567 1,068,336 1,152,467 1,420,878 1,420,878 YE Forecast 1,134,042 1,710,924 1,511,386 1,876,624 1,700,194 1,627,424 1,421,132 1,566,123 1,506,061 1,357,418 1,492,372 1,492,372 Projected YE Variance (388,956) (11,761,570) 1,511,386 1,876,624 1,700,194 1,627,424 1,421,132 1,566,123 1,506,061 1,357,418 1,492,372 - Budget Variance %-25.54%-772.26%99.24%123.22%111.63%106.86%93.31%102.83%98.89%89.13%97.99%0.00% - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Interfund Service Charge Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 82 of 317 Charges for goods & Services 346+347+349 2013 BUDGET 2,399,575 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %6.94%7.89%9.48%10.13%10.94%10.82%8.75%8.67%8.58%6.66%7.43%3.70% Cumulative Forecast %6.94%14.83%24.31%34.44%45.39%56.21%64.96%73.63%82.21%88.86%96.30%100.00% Monthly Forecast $166,529 189,316 227,577 243,058 262,628 259,686 210,056 207,930 205,864 159,703 178,387 88,843 Cumulative Forecast $166,529 355,844 583,421 826,479 1,089,107 1,348,792 1,558,848 1,766,778 1,972,642 2,132,345 2,310,732 2,399,575 Actual Collected $201,031 216,024 272,193 222,860 280,956 278,752 236,970 270,404 203,387 188,583 176,834 Cumulative Collection $201,031 417,055 689,248 912,108 1,193,064 1,471,816 1,708,786 1,979,190 2,182,577 2,371,160 2,547,994 2,547,994 YE Forecast 2,896,733 2,812,337 2,834,832 2,648,187 2,628,619 2,618,441 2,630,378 2,688,065 2,654,945 2,668,319 2,645,959 2,645,959 Projected YE Variance 497,158 (10,660,157) 2,834,832 2,648,187 2,628,619 2,618,441 2,630,378 2,688,065 2,654,945 2,668,319 2,645,959 - Budget Variance %20.72%-444.25%118.14%110.36%109.55%109.12%109.62%112.02%110.64%111.20%110.27%0.00% - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Charges for Goods & Service Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 83 of 317 Fines & Forfeits all 35X 2013 BUDGET 518,898 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %0.03%8.37%6.25%13.51%7.90%8.17%8.16%7.62%8.13%7.78%8.38%15.69% Cumulative Forecast %0.03%8.40%14.65%28.16%36.07%44.24%52.40%60.02%68.14%75.93%84.31%100.00% Monthly Forecast $151 43,421 32,438 70,129 41,003 42,394 42,355 39,548 42,163 40,395 43,491 81,410 Cumulative Forecast $151 43,572 76,010 146,138 187,141 229,535 271,890 311,438 353,601 393,996 437,488 518,898 Actual Collected $480 45,154 51,057 68,874 55,496 106,678 46,813 50,130 58,803 55,727 53,118 Cumulative Collection $480 45,634 96,691 165,565 221,061 327,739 374,552 424,682 483,485 539,212 592,330 592,330 YE Forecast 1,654,416 543,455 660,084 587,877 612,949 740,902 714,827 707,578 709,498 710,149 702,555 702,555 Projected YE Variance 1,135,518 (12,929,039) 660,084 587,877 612,949 740,902 714,827 707,578 709,498 710,149 702,555 - Budget Variance %218.83%-2491.63%127.21%113.29%118.13%142.78%137.76%136.36%136.73%136.86%135.39%0.00% - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Fines & Forfeit Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 84 of 317 Miscellaneous Revenues all 36, 37 + 39x 2013 BUDGET 364,619 TOTAL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Monthly Forecast %5.69%5.06%6.46%8.22%12.43%12.80%9.30%10.69%9.03%8.08%7.89%4.34% Cumulative Forecast %5.69%10.75%17.21%25.43%37.86%50.66%59.97%70.66%79.69%87.77%95.66%100.00% Monthly Forecast $20,744 18,443 23,572 29,972 45,322 46,676 33,923 38,994 32,929 29,449 28,782 15,812 Cumulative Forecast $20,744 39,187 62,760 92,732 138,054 184,730 218,653 257,647 290,576 320,025 348,807 364,619 Actual Collected $23,338 22,066 27,793 26,894 52,110 75,662 37,199 41,077 28,139 49,444 34,267 Cumulative Collection $23,338 45,404 73,197 100,091 152,201 227,863 265,062 306,139 334,278 383,722 417,989 417,989 YE Forecast 410,203 422,458 425,254 393,552 401,981 449,754 442,009 433,244 419,456 437,191 436,936 436,936 Projected YE Variance 45,584 (13,050,036) 425,254 393,552 401,981 449,754 442,009 433,244 419,456 437,191 436,936 - Budget Variance %12.50%-3579.09%116.63%107.94%110.25%123.35%121.22%118.82%115.04%119.90%119.83%0.00% - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 1 2 3 4 5 6 7 8 9 10 11 12 2013 Miscellaneous Revenues Cumulative Forecast $Cumulative Collection $ Packet Page 85 of 317    AM-6470     1. F.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted By:Scott Passey Department:City Clerk's Office Review Committee: Finance Committee Action:  Type: Action  Information Subject Title Ordinance implementing residential parking permit fee increase in accordance with the 2014 adopted City budget. Recommendation Provide direction to staff on proposed changes to ECC 8.52 related to residential parking permit fees. Previous Council Action N/A Narrative The 2014 adopted City budget included decision package #7, which increased the annual residential and visitor parking permit fee from $10 to $25. In order to implement the new fee, Edmond City Code (ECC) 8.52 must be amended to reflect this change. However, ECC 8.52 provides for a discounted fee of five dollars ($5) for a visitor parking permit for an individual who holds a valid residential parking permit (ECC 8.52.060(B)(1)). The attached draft ordinance reflects an increase in the discounted fee from five dollars ($5) to ten dollars ($10) to correspond with the parking permit fee increase. However, because staff did not previously receive input from Council on that specific provision, staff is asking for direction now before placing it on a future agenda for adoption. Attachments Parking Fee Increase ECC Chapter 8.62 Parking Permits Draft Ordinance amending parking fees Form Review Form Started By: Scott Passey Started On: 01/06/2014 12:13 PM Final Approval Date: 01/06/2014  Packet Page 86 of 317 Decision Package Title:#7 Fund Number: Department Number/Name: Cost Center Number: Preparer: Decision Package Description: Decision Package Justification: Decision Package Costs 2014 2015 2016 2017 2018 Salaries (11)- - - - - Overtime (12)- - - - - Benefits (23)- - - - - Uniforms (24)- - - - - Supplies (31)- - - - - Small equip (35)- - - - - Prof. Services (41)- - - - - Communication (42)- - - - - Travel (43)- - - - - Advertising (44)- - - - - Rental/Lease (45)- - - - - Repair/Maint (48)- - - - - Miscellaneous - - - - - Capital Equipment (64)- - - - - Other:- - - - - Total Expenses - - - - - Decision Package Revenue:2014 2015 2016 2017 2018 New Revenue:8,700 8,700 8,700 8,700 8,700 Existing Resources:4,600 4,600 4,600 4,600 4,600 Total Revenue 13,300 13,300 13,300 13,300 13,300 Source of New Revenue: 001 Fee increase for Residential and Visitor Parking Permits. 25 / Mayor 514.30 City Clerk's Office Fee Increase - Parking Permits Sandy Chase The current annual fee for Residential and Visitor Parking Permits is $10.00.It is proposed to increase the annual fee to $25.00. 001.000.322.90.000.00 -OTR NON-BU LIC/PERMITS Fees for Residential and Visitor Parking Permits are proposed to be increased from $10 to $25. Sources of Existing Resources: Packet Page 87 of 317 Chapter 8.52 RESIDENTIAL PARKING ZONE REGULATIONS Sections: 8.52.010 Residential parking permits defined. 8.52.015 Limitation on issuance. 8.52.020 Eligibility for residential parking permits. 8.52.030 Applications for permits. 8.52.040 Residential parking permits description. 8.52.050 Use and validity of permits. 8.52.060 Visitor’s permits. 8.52.065 Visitor parking on certain streets. 8.52.070 Unlawful acts. 8.52.080 Revocation of permits. 8.52.090 Revocation – City clerk’s duties. 8.52.100 Appeal. 8.52.200 Penalties. 8.52.300 Severability. 8.52.010 Residential parking permits defined. When properly issued and displayed, a residential parking permit (permit) shall exempt a specified vehicle, while parked within a specific limited parking zone for which the permit was issued, from citation for parking longer than the posted time limit for that particular zone and no other; provided, that the permit shall not authorize parking for more than 72 consecutive hours in any one location or as specified specifically in this chapter. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is prohibited at all times, including but not limited to no parking zones, load zones, fire zones and all other applicable regulations contained in ECC Title 8. [Ord. 3606 § 1, 2006]. 8.52.015 Limitation on issuance. No permit authorized to be issued under this chapter shall be issued with respect to any commercial or recreational vehicle over 10,000 pounds licensed gross vehicle weight or 22 feet in length except as specifically allowed in this chapter. [Ord. 3606 § 1, 2006]. 8.52.020 Eligibility for residential parking permits. A. Eligibility. Permits may be issued only to persons who reside within the permit zone for which the permit is issued, who own and/or have legal control of a motor vehicle and only for those motor vehicles owned by or under the legal control of the resident. Permits may be issued to eligible persons who have insufficient off-street parking spaces for the number of cars they own and/or control. For the purposes of this chapter, “residence” shall be defined as the street address of the structure in which the applicant resides as determined by the U.S. Postal Service or such other street upon which the residence fronts Packet Page 88 of 317 and for which the applicant can present adequate evidence that the proposed alternative frontage adequately reflects the actual orientation and location of the structure in which the applicant resides. B. The Proof of Residence. Proof of residence shall be established by: 1. Display of a valid driver’s license reflecting a current address within the zone for which the permit is issued; or 2. Display of a deed, lease, rental agreement or other acceptable document showing residency within the zone for which the permit is issued. C. Ownership of Motor Vehicle. Proof of ownership and/or control of a motor vehicle may be established by possession of a valid registration in the applicant’s name, or by display of a valid registration accompanied by proof that the applicant has legal use and control of the vehicle. [Ord. 3606 § 1, 2006]. 8.52.030 Applications for permits. A. Authorization of City Clerk. The city clerk is hereby authorized to issue permits to qualified residents who own or have control of a motor vehicle, and who have insufficient off-street parking spaces. B. Application Form. Application shall be made on forms provided by the city clerk which shall include: 1. The name, address, telephone number and license number of the applicant; 2. Make, model, color and year of the registration of the vehicle for which the permit is sought; 3. The type of document used to establish eligibility for the permit as required in ECC 8.52.020; 4. The number of off-street parking spaces available to the applicant; 5. License plate number (and state) of vehicle; 6. The number of visitor’s permits requested and issued; and 7. A statement immediately above where the applicant is to sign stating that the applicant has been provided with an opportunity to examine this chapter and is familiar with the terms thereof. All applications shall be signed by the applicant and notarized. C. Limited Parking Zone Determination. The limited parking zone for which the permit is valid shall be the designated zone in which the permit holder resides but is prohibited on Main Street from Third Avenue to Sixth Avenue and Fifth Avenue from Bell Street to Walnut Street except between the hours of 6:00 p.m. and 9:00 a.m. Monday through Saturday. Three zones have been created and are as follows: Red Zone – Caspers Street to Edmonds Street and Sunset Avenue to Sixth Avenue; Blue Zone – Edmonds Street to Packet Page 89 of 317 Dayton Street and Railroad Avenue to Sixth Avenue; Yellow Zone – Dayton Street to Pine Street and SR 104 to Sixth Avenue. D. Fees. 1. Fees for the permit shall be $10.00 25.00 for the first vehicle, $10.00 25.00 for the second vehicle and $10.0025.00 for the third vehicle. No fee will be required for limited recreational vehicle permits. 2. Fees shall be collected prior to issuance of the permit. 3. No more than three permits shall be issued to any one residence. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.040 Residential parking permits description. The permit shall contain the following information: A. The residential permit number; B. The expiration date of the permit; and C. Color of permit will designate limited parking zone, as set forth in ECC 8.52.030(C). [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.050 Use and validity of permits. A. Display. Residential permits shall be displayed in the upper left-hand corner of the vehicle’s rear window on the outside of the glass. Visitor’s permits shall be displayed face-up on the vehicle’s dashboard. B. Validity. Permits shall be valid only for the vehicle for which they are issued, only in the zone designated and only so long as the permit holder retains the vehicle and resides at the address specified in his or her application. C. Expiration. Permits shall expire one year from the date of issue, so long as the permit holder retains the permit vehicle and resides at the address specified in his/her permit application. Permits issued for a recreational vehicle are limited to a period of 36 hours and no more than six permits may be issued for an individual recreational vehicle in any one-year period. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.060 Visitor’s permits. A. The city clerk is hereby authorized to issue up to two visitor’s permits per residential address, which shall be valid for a period of up to one year. Only one resident per residential address who can provide the proof of residence required by ECC 8.52.020(B) is eligible to receive the two visitor’s permits. A “visitor” is defined as a guest of a person who resides within the permit zone; provided, that the guest is Packet Page 90 of 317 not a resident of the residential address for which the permit was issued. Only the visitor’s vehicle is allowed to display the visitor’s permit. B. The fee for visitor permits shall be: 1. Five dollars $10.00 per visitor’s permit for an individual holding a valid residential parking permit; or 2. Ten dollars $25.00 per visitor’s permit for persons who do not hold a valid residential parking permit. Visitor’s permits shall be issued in conjunction with the issuance or renewal of a residential parking permit for those individuals who hold a valid residential parking permit or for the calendar year or any unexpired portion thereof for other qualified applicants. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.065 Visitor parking on certain streets. Visitor’s permits shall be issued by the city clerk to residents of Sunset Avenue, and the portion of 75th Place West, north of North Meadowdale Road, without showing a lack of off-street parking or vehicle ownership. Such visitor’s permits shall be issued at no cost to the applicant. Such visitor’s permits shall be limited to two permits per household or residence. These permits shall only be valid for parking after the posted hours on the west side of Sunset Avenue from Bell Street to Caspers Street. Such permits shall be valid on either side of 75th Place West, north of North Meadowdale Road. All other provisions of this chapter, where not inconsistent with this section, and the adopted parking regulations of the Revised Code of Washington shall apply. [Ord. 3606 § 1, 2006]. 8.52.070 Unlawful acts. It shall be unlawful for any person to do any of the following: A. To make any false or misleading statement in application for a permit; B. To transfer the permit to another person or vehicle; C. To fraudulently alter a permit or visitor’s permit in any respect whatsoever; D. To improperly display the permit or visitor’s permit or to violate any terms or conditions under which the permit or visitor’s permit was issued; E. Use or place the permit on any other vehicle than that for which the permit is issued; or F. To use or permit to be used a revoked or suspended permit. [Ord. 3606 § 1, 2006]. 8.52.080 Revocation of permits. Permits and/or visitor’s permits may be revoked by the city clerk for any of the following reasons: Packet Page 91 of 317 A. The permit holder has made any false, misleading or incomplete statement in the application; B. Violation of any of the provisions of this chapter; or C. Overissuance of permits; provided, however, that in the event of revocation for overissuance, priority shall be given to providing one permit per dwelling unit. [Ord. 3606 § 1, 2006]. 8.52.090 Revocation – City clerk’s duties. If the city clerk finds that a permit and/or visitor’s permit should be revoked for any of the reasons set forth in ECC 8.52.080, the clerk shall send a written notice to the permit holder at the address contained on the application. The notice shall contain the following information: A. Advise the permit holder that the permit and/or visitor’s permit will be revoked on a specified date which shall be not fewer than 10 nor more than 13 days from the date of the letter; B. Advise the permit holder that unless a written notice of appeal setting forth the reasons for the appeal is filed with the city clerk not later than the date set forth in subsection (A) of this section, the permit will be deemed revoked; C. Advise the permit holder that if a written notice of appeal is filed within the required time, the date, time and place of the hearing will be set; and D. The reasons for the revocation. [Ord. 3606 § 1, 2006]. 8.52.100 Appeal. Upon receipt of the appeal, the mayor or his designee shall set a date for hearing within 30 days of receipt of the notice of appeal and notify the appellant of the date, time and place of hearing. The mayor or his designee shall render the decision within 10 days after the hearing is closed, reduce the decision to writing and include a statement of reasons for the decision. The mayor or his designee may affirm or reverse the revocation decision or order suspension for a specified period. [Ord. 3606 § 1, 2006]. 8.52.200 Penalties. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof may be punished as set forth in ECC 5.50.020. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 8.52.300 Severability. If any section, subsection, clause, phrase or word of this chapter, or any provision adopted by reference in this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 3606 § 1, 2006]. Packet Page 92 of 317 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 8.52 TO REVISE CERTAIN PROVISIONS OF THAT CODE SECTION RELATING TO PARKING PERMIT FEES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, after review and discussion, the City Council has determined it appropriate to amend Chapter 8.52 of the Edmonds City Code (“ECC”) to revise certain provisions of that code section relating to parking permit fees, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following subsections of Section 8.52 of the ECC Residential Parking Zone Regulations are hereby amended to read as follows (new language underlined and deleted language in strike through): 8.52.030 Applications for permits. … D. Fees. 1. Fees for the permit shall be $10.00$25.00 for the first vehicle, $10.00$25.00 for the second vehicle and $10.00$25.00 for the third vehicle. No fee will be required for limited recreational vehicle permits. 2. Fees shall be collected prior to issuance of the permit. 3. No more than three permits shall be issued to any one residence. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. … 8.52.060 Visitor’s permits. … B. The fee for visitor permits shall be: Packet Page 93 of 317 1. Five dollarsTen dollars per visitor’s permit for an individual holding a valid residential parking permit; or 2. Ten dollarsTwenty-five dollars per visitor’s permit for persons who do not hold a valid residential parking permit. Visitor’s permits shall be issued in conjunction with the issuance or renewal of a residential parking permit for those individuals who hold a valid residential parking permit or for the calendar year or any unexpired portion thereof for other qualified applicants. [Ord. 3885 § 1, 2012; Ord. 3606 § 1, 2006]. 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: MAYOR, DAVID O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Packet Page 94 of 317 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 95 of 317 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2014, 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 ECC 8.52 TO REVISE CERTAIN PROVISIONS OF THAT CODE SECTION RELATING TO PARKING PERMIT FEES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2014. CITY CLERK, SCOTT PASSEY Packet Page 96 of 317    AM-6473     1. G.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted By:Renee McRae Department:Parks and Recreation Committee: Finance Type: Action Information Subject Title Interlocal Agreement with Public Hospital District No. 2, Snohomish County to Provide an Exercise Program Recommendation Place the Interlocal Agreement on the January 21 City Council Consent Agenda.   Previous Council Action Narrative On November 1, 2013, we submitted a Building Healthy Communities Fund grant application to the Verdant Health Commission.  The request was for $39,513 to upgrade our fitness room with cardio, muscle strength, and flexibility equipment.  Our grant was approved, and this interlocal agreement allows us to accept the funds and move forward with the purchase of the new equipment and develop programming that helps seniors to live healthy and active lives.   Attachments Grant application Interlocal Agreement Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/09/2014 08:01 AM Mayor Dave Earling 01/09/2014 08:34 AM Finalize for Agenda Scott Passey 01/09/2014 08:39 AM Form Started By: Renee McRae Started On: 01/07/2014 11:34 AM Final Approval Date: 01/09/2014  Packet Page 97 of 317 Application Instructions Applications should be submitted via electronic mail to info@verdanthealth.org. If you have questions about your eligibility or the application, we encourage you to visit www.verdanthealth.org. You may also contact George Kosovich at 425-582-8572 or via e-mail with questions. The deadline for applications is November 1, 2013 at 5 p.m. Application Checklist 1. Completed application answering each question 2. Program or project budget 3. List of your organization’s Board of Directors, with their affiliations 4. If not recently submitted to Verdant, two years of your organization’s financial statements and audits (audit requirement may be waived for small organizations) 1. Organization Information Organization Name City of Edmonds Parks, Recreation & Cultural Services Department Federal Tax ID Number 91-6001244 Contact Person Name Renée McRae Contact Person Phone Number 425.771.0232 Contact person e-mail renee.mcrae@edmondswa.gov Website edmondswa.gov Address 700 Main Street City, State, Zip Edmonds, WA 98020 Packet Page 98 of 317 A. Please tell us briefly about your organization’s mission and background (limit 1200 characters). 2. Program or Project Description A. Name of project or program: Fitness Room Equipment Upgrade B. Amount of funding requested: $39,513 C. Which of Verdant Health priorities does this project address? You can find more detailed descriptions of these priority areas at www.verdanthealth.org. Education & Empowerment Prevention Access to Healthcare Services Policy and Advocacy The City of Edmonds was incorporated in 1890, and is a community with a strong, positive identity, and engaged citizenry. The Parks, Recreation and Cultural Services Department serves as the community's key resource for providing parks, open space, recreation programs, and cultural arts for the enjoyment, health, and well being of Edmonds' citizens and visitors. The Mission of the Department is "To provide Edmonds' citizens with a blanced system of parks, recreation, open space and cultural services to ensure a healthy, active, quality of life." Parks and Recreation programs play a major role in the fight against obesity and promotion of healthy lifestyle choices for all ages. Edmonds encourages the health and well being of all citizens, building active communities, and promoting healthy opportunities and choices. Packet Page 99 of 317 D. Please describe your program or project. Be sure to explain how it will sustain long-term improvements that help residents to live healthy and active lives (limit 3000 characters). Our fitness room has older, outdated equipment that is not easy for seniors to use. This request is for funding of $39,513 for cardio, muscle strength, and flexibility equipment that will help seniors to live healthy and active lives. The following equipment would be purchased with the funds if we are successful: Cardio Muscle Strength Flexibility Elliptical Precor Functional Trainer True Stretch Treadmill Vertical Chest Press SciFit UBE Bike Lat Pull/Seated Row Rex Recumbant Elliptical Leg Press Recumbant Bike Upright Bike Physical changes take place as we age. Reducing the effects of physical changes due to aging is the major reason behind the importance of exercise for seniors. Regular exercise can improve their well-being, provide a sense of feeling younger, as well as a social activity which contributes to a healthy state of mind and reduced depression. The U.S. Department of Health and Human Resources has research that indicates exercising helps people in late adulthood avoid disabilities that may be caused by chronic disease and other illnesses. Endurance, or aerobic, activities increase breathing and heart rate and improve heart health, lungs and circulation. These activities make it easier for seniors to • push their grandchildren on the swings • vacuum • work in the garden • rake leaves • play a sport Strength exercises like lifting weights and using resistance bands can increase muscle strength. Lower body strength exercises will improve balance. Increased muscle strength can maintain a senior’s ability to • climb stairs • carry groceries • open jars • carry a full laundry basked from the basement to the second floor • carry their smaller grandchildren • lift bags of mulch in the garden Flexibility, or stretching, exercises can help the body stay flexible and limber, which gives one more freedom of movement for regular physical activity, as well as for everyday activities. Improving flexibility will make it easier for a senior to • look over their shoulder to see what’s behind them as they back the car out of the driveway • make the bed • bend over to tie their shoes • reach for a food item on a kitchen shelf • pull a sweater on over the head • swing a golf club Packet Page 100 of 317 E. Who will be served by this program or project? Be sure to explain how the project serves residents of Verdant Health’s district and provides access to health and wellness opportunities in neighborhoods or communities that are not currently available. (limit 3000 characters). Our fitness room is available to all residents within the Verdant Health Commission District boundaries and beyond. We are targeting seniors by working with the Edmonds Senior Center to provide free weight room orientations to their 1,400 members twice a month. The City of Edmonds will hire a personal trainer to provide the orientations. The Edmonds Senior Center has an Enhanced Wellness Program as well as other fitness programs, but they do not have a fitness room for their members. Upgrading our fitness room with a grant from Verdant will benefit South Snohomish County seniors with user friendly cardio, strength and flexibility equipment to provide them with opportunities for exercise in order to enable them to live healthy, active lives. Packet Page 101 of 317 F. What are your goals, objectives and anticipated outcomes of the project? How will you measure the impact of this project in improving South Snohomish County residents’ lives (limit 3000 characters)? Our goals are to provide the South Snohomish County senior community with cardio, strength and flexibility equipment to regularly exercise in order to continue to live healthy, active lives. We will work with the Edmonds Senior Center and their Enhanced Wellness Program. A senior enrolled in the Enhanced Wellness Program meets one-on-one with a social worker and/or nurse to identify areas that they would like to address. Examples of concern may include, but are not limited to, physical activity, weight management, mental stimulation, nutrition, medication management, fall prevention, or depression/anxiety. A personalized health action plan, which consists of setting goals, is provided to help identify their health risks and the steps to take to improve their overall well-being. Over a 6-month period, the social worker or nurse monitors, tracks, and encourages them to reach their goals. Working directly with the Enhanced Wellness Program, we will provide names of all Edmonds Senior Center members who have completed the weight room orientation so that they are able to set exercise goals for those individuals enrolled. They will report the progress of those seniors to us. The progress, depending on the goals that were set, may include measurements, statements regarding improved mobility, balance and depression, and lab results. Testimonials will also be provided from the seniors. Many of the areas of concern that the Enhanced Wellness Program focuses on can be improved through regular exercise providing seniors with more freedom of movement for everyday activities, thus helping them to live healthy, active lives. Packet Page 102 of 317 3. Use of Funds and Budget A. If you receive funding from Verdant Health, how would you spend the funds (limit 2000 characters)? B. Please describe any other sources of funding or other resources in place for this project or program (limit 2000 characters). If we are successful in our funding request, we will use the funds to purchase the following equipment Cardio Muscle Strength Flexibility Elliptical Precor Functional Trainer True Stretch Treadmill Vertical Chest Press SciFit UBE Bike Lat Pull/Seated Row Rex Recumbant Elliptical Leg Press Recumbant Bike Upright Bike The City of Edmonds will provide funding for new flooring, dumbbells, stability balls, a personal trainer to provide bi-monthly weight room orientations for Edmonds Senior Center members, maintenance prevention, fitness room maintenance, cleaning supplies, new flat screen TV, and marketing. The Edmonds Senior Center will market the “new” fitness room to their members and utilize it to assist with setting goals for the Enhanced Wellness Program participants. The Enhanced Wellness Program social worker and/or nurse will provide feedback and results to City of Edmonds staff. Packet Page 103 of 317 C. Please describe your sustainability plan for this project. In other words, how will the community health and wellness improvements be maintained in the long-term (limit 2000 characters)? The City of Edmonds will budget annual preventive maintenance for the fitness room equipment and maintain it for the life of the equipment. We will continue to provide cleaning supplies, equipment wipes, and a personal trainer for free weight room orientations for the Edmonds Senior Center members. The City of Edmonds plans to continue our partnerships with the Edmonds Senior Center. The City provides $60,000 in funding for the Edmonds Senior Center annually to provide recreation programs. Packet Page 104 of 317 D. Project/Program Budget: you may complete this form, or create your own to submit. Revenue Funds from Verdant Health (from section 2B) 39,513 Other revenue (specify): Other revenue (specify): Other revenue (specify): Other revenue (specify): In kind support (specify): Staff, personal trainer, new flooring, TV, stability balls, dumbbells, cleaning supplies, preventive maintenance, marketing 22,360 Misc. revenue (specify): Total Revenue $61,873 Expenses Salaries & Benefits 13,800 Equipment: New fitness room equipment, TV, stability balls, dumbbells 40,573 Rent/Utilities Training Printing/Postage/Publications: CRAZE, posters, passes annually 1,000 Supplies: Cleaning supplies annually 500 Other (specify): Preventive Maintenance annually 1,000 Other (specify): Flooring 5,000 Other (specify): Other (specify): Total Expenses $61,873 Budget Surplus/(Deficit) $0 E. Please explain any significant surplus or deficit in the budget. 4. Certification/Submission by Authorized Representative A. To the best of my knowledge and belief, all information in this application is true and correct. I am authorized by my organization to submit this application. x Yes No B. Authorized representative submitting this application: Name: Renée McRae Title: Recreation Manager Packet Page 105 of 317 INTERLOCAL AGREEMENT TO PROVIDE AN EXERCISE PROGRAM This Interlocal Agreement (hereinafter, “Agreement”) is made between Public Hospital District No. 2, Snohomish County, Washington and the City of Edmonds to provide an Exercise Program. 1. PARTIES 1.1 Public Hospital District No. 2, Snohomish County, Washington, a public hospital district formed under Chapter 70.44 RCW, is hereinafter referred to as “PHD2”; 1.2 The City of Edmonds, a Washington municipal corporation, is hereinafter referred to as “City”; and 1.3 Hereinafter, PHD2 and the City are each referred individually as a “Party” and collectively as the “Parties”. 2. PURPOSE AND PROGRAM 2.1 The purpose of this Agreement is to enable the City to provide an Exercise Program (“Program”) for the benefit of PHD2 residents. 2.2 The Program will provide opportunities for area residents to participate in an exercise program to improve their health. The program will have a particular focus on helping seniors with cardio, strength and flexibility to help seniors to live healthy and active lives. 3. AUTHORITY Chapter 39.34 RCW, Interlocal Cooperation Act, permits Washington State public agencies to enter into agreements to engage in cooperative activities. PHD2, a public hospital district, and the City, a Washington municipal corporation, are both Washington public agencies. 4. TERM AND TERMINATION 4.1 The Program shall commence on or about February 1, 2014, and continue through January 31, 2016. 4.2 The Agreement shall become effective upon the date this Agreement is executed by the Parties. 4.3 The Agreement shall terminate upon PHD2’s receipt of the final report generated by the City and accepted and approved by PHD2, which is scheduled for February 15, 2016. Packet Page 106 of 317 4.4. Either Party may terminate the Agreement for any reason upon sixty (60) days written notice to the other Party. If the Agreement is terminated pursuant to this provision, the City shall dispose of all assets acquired pursuant to the Agreement and remit to PHD2 the funds from such sale, less the costs of the sale. If the Agreement terminates pursuant to Section 4.3 above, the assets purchased pursuant to the Agreement shall be handled as set forth in Section 6.2, below. 5. OBLIGATIONS OF PHD2 5.1 PHD2 will fund the Program provided by the City based on the following budget: Funds from PHD2 Fitness room equipment purchases including cardio, muscle strength, and flexibility equipment needed for exercise program $39,513 Total $39,513 5.2 PHD2 shall pay the City for Program costs in one lump-sum payment of $39,513 on February 15, 2014. No additional payments by PHD2 are scheduled for the Program. 6. OBLIGATIONS OF THE CITY 6.1 The City shall install new exercise equipment and provide associated programming using the equipment and facility in Edmonds on or before February 15, 2014. The Program shall provide opportunities for area residents to participate in strength, cardio, flexibility, and other health and wellness activities. The program will have a particular focus on helping seniors to live healthy and active lives. 6.2 PHD2 Program funds in the amount of $39,513 shall be used by the City to upgrade its exercise equipment. Purchases of equipment using PHD2 Program funds must remain dedicated to the Program’s purpose for the useful life of the equipment. If the assets are disposed of prior to the end of their useful life, any surplus funds, after the cost of sale, shall be remitted to PHD2. The City shall be responsible for ongoing maintenance of the equipment. 6.3 The City shall track and measure the results of the Program, including the number of participants using the equipment through the program and the number of organized classes scheduled using the equipment. 6.4 The City shall submit progress reports of activities carried out under the Program, including summaries of outcomes and results and financial reports detailing use of the funds, in accordance with the following schedule: Packet Page 107 of 317 Date due to PHD2 Type of report August 1, 2014 6-month progress report February 1, 2015 Annual report and financial statements February 15, 2016 2nd annual report and financial statements 6.5 The City shall maintain records of receipts and expenditures and make its books available to PHD2 at any time, upon reasonable notice, during regular business hours. 6.6 The City shall use the Program funds provided by PHD2 only for the Program. Any unused Program funds remaining at the termination of this Agreement shall be refunded to PHD2 on or before February 15, 2016. 6.7 The City recognizes that PHD2 is a public agency subject to audit by the Washington State Auditor. The City shall provide PHD2 with any public record(s) in its possession that PHD2 requests be provided to the Washington State Auditor, to the State of Washington, or to the Federal Government. 6.8 The City shall comply with all local, state and federal laws including, if applicable, the federal Health Insurance Portability and Accountability Act (“HIPAA”). 6.9 During the term of this Agreement, the City shall consider suggestions by PHD2 for modifications to the Program that may result in more favorable health outcomes of the participants. 6.10 The City shall give credit (logo or language) to PHD2 in its publicity vehicles for the Program, including, but not limited to, programs, news releases, print advertising, electronic advertising and facility signage. Credit should also be given to PHD2 in any newspaper interviews about the Program enhancements. Electronic communications/websites should also include a link to PHD2’s website. The use of PHD2’s logo, when appropriate, is encouraged. PHD2 can provide black-and-white or color versions in digital format. 7. MISCELLANEOUS PROVISIONS 7.1 Relationship of the Parties and No Third Party Beneficiary. The relationship created between PHD2 and the City is strictly that of independent contractors. The Agreement creates no partnership or joint venture between the Parties, nor any separate legal or administrative entity, nor may any officer or employee of one Party be considered to be an employee or agent of the other. Further, the Agreement provides no rights to any third party and may not be relied on by any other person or entity. 7.2 Administration. The Agreement shall be administered jointly by PHD2 and the City under the supervision of PHD2’s Superintendent and the City’s Parks, Recreation and Cultural Services Department’s Recreation Manager. Packet Page 108 of 317 7.3 Applicable Law. The Agreement is entered under the laws of the State of Washington. Any litigation arising from this Agreement must be filed in Snohomish County Superior Court. 7.4 Liability and Insurance. The City will indemnify, defend and hold PHD2 harmless from any claims, lawsuits or other actions, and judgments arising in any way from the Exercise Program provided under this Agreement. The City will maintain a liability insurance policy of at least $1,000,000 per occurrence during the term of this Agreement. 7.5 Entire Agreement; Amendments. This Agreement is complete and integrates all understandings between the Parties. No amendment or other change to the Agreement will be binding on either party unless agreed to in writing and signed by each Party. 7.6 Severability. If a court of competent jurisdiction rules any part of this Agreement to be invalid, the remainder of the Agreement will still be in full force and effect. 7.7 Force Majeure. Neither Party will be in default or liable for failure to perform its obligations under this Agreement if that failure is due to causes beyond its reasonable control including, but not limited to, acts of God, acts of terrorism, fires, floods, windstorms earthquakes, labor disputes or governmental acts. 7.8 Notices and Reporting. Any notice or reporting required or otherwise given under this Agreement will be considered delivered or given when actually delivered or forty-eight (48) hours after being deposited in the U.S. Mail as certified mail addressed to the following: To PHD2: Carl Zapora, Superintendent Public Hospital District No. 2, Snohomish County PO Box 2606 Lynnwood, WA 98036 To The City of Edmonds City of Edmonds Attn: Renée McRae, Recreation Manager 700 Main Street Edmonds WA 98020 7.9 Assignment. This Agreement may not be assigned without the written consent of the other Party. Each Party may consent to or decline a request for assignment by the other Party at the sole discretion of the Party from which consent is requested. Packet Page 109 of 317 7.10 Duty to File Agreement with County Auditor. The City shall, within ten (10) days after this Agreement is executed by both Parties, file this Agreement with the Snohomish County Auditor or, alternatively, list it by subject on its website or other electronically retrievable public source as provided in RCW 39.34.040. PUBLIC HOSPITAL DISTRICT NO. 2 SNOHOMISH COUNTY, WASHINGTON By: _________________________________________ Date: ___________________ Carl Zapora, Superintendent CITY OF EDMONDS By: _________________________________________ Date: ___________________ David O. Earling, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 110 of 317    AM-6495     2. A.              City Council Committee Meetings Meeting Date:01/14/2014 Time:10 Minutes   Submitted For:Councilmember Bloom Submitted By:Jana Spellman Department:City Council Committee: Parks, Planning, Public Works Type: Information Information Subject Title Docket of Proposed Comprehensive Plan Amendment and proposed re-zone for Unocal lower yard. [Note: this item is continued from the December 10, 2013 Council Committee meeting. The material included here is the same as was included in that agenda item, with the addition of the 12/10/2013 Committee minutes.] Recommendation Request staff to docket a Comprehensive Plan amendment, and commence re-zone process to designate and re-zone the Unocal lower yard from MP2 to Public (P) or Open Space (OS). Previous Council Action Re-zone of Unocal lower yard to MP2 in 2002. Narrative Because of plans for restoration of the Edmonds Marsh, the MP2 zoning is no longer appropriate for this site. This agenda item is to start the process, and it is required that the process will include public comment. Attachments Attach 1: MP Zone ECDC Attach 2: P - Public Use Zone ECDC Attach 3: Open Space Zone ECDC Attach 4: 12/10/2013 PPP minutes Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/10/2014 02:33 PM Mayor Dave Earling 01/10/2014 02:41 PM Finalize for Agenda Scott Passey 01/10/2014 02:45 PM Form Started By: Rob Chave Started On: 01/10/2014 02:24 PM Final Approval Date: 01/10/2014  Packet Page 111 of 317 Packet Page 112 of 317 Packet Page 113 of 317 Packet Page 114 of 317 Packet Page 115 of 317 Packet Page 116 of 317 Packet Page 117 of 317 Packet Page 118 of 317 Packet Page 119 of 317 Packet Page 120 of 317 Packet Page 121 of 317 D R A F T M I N U T E S Public Works, Parks and Planning Committee Meeting December 10, 2013 Elected Officials Present: Staff Present: Council Member Kristiana Johnson Phil Williams, Public Works Director Council Member Lora Petso Rob English, City Engineer Carrie Hite, Parks, Rec. & Cultural Services Director Rob Chave, Acting Development Services Director The committee convened at 7:30 p.m. A. Docket of Proposed Comprehensive Plan Amendment and proposed re-zone for Unocal lower yard. Council President Petso introduced the discussion by indicating that this was an outgrowth of an SMP meeting on shoreline environments. She indicated Councilmember Bloom had an interest in potentially asking for a comprehensive plan and zoning review for the UNOCAL lower yard, and followed up with questions on the relationship between the SMP and zoning, etc. Mr. Chave indicated that SMP setbacks and/or buffers act as an overlay on any existing zoning, and there was not an immediate need to change either the plan designation or zoning of the lower yard, since SMP regulations would ultimately control. The Council could consider a plan amendment or rezone initiative at any time, and was not bound by the end-of-year deadline that normally applied. It was generally agreed to continue the discussion in January, when Stephen Clifton could be present to assist in the discussion. Public commentors: Kjris Lund (representing UNOCAL) and Timothy Smith (Director of Terminal Engineering, WSDOT) noted their interest in being provided advanced notice of and an opportunity to comment on any potential city actions involving the property. ACTION: Schedule for continued discussion at the January 2014 Committee Meeting B. Authorization for Mayor to sign professional services agreements with KPG for the 15th St. SW Walkway, 236th St. SW Walkway, and 238th St. SW Walkway projects. Mr. English reviewed the scope of work, location and funding source for each project. Each project will have a separate agreement with the goal of advertising one or more projects in the same contract documents. Staff is working with the consultant on the final fee and scope and may have one or more contracts ready for Council approval at the December 17th meeting. ACTION: The agreement(s) will either be placed on the December 17th agenda or a future agenda for discussion. C. Authorization for Mayor to approve acceptance and recording of a Storm Drainage Easement Transfer and Access Easement Grant Agreement for 1142 Vista Place. Mr. English described the location of the existing storm drainage pipe and channel on 1142 Vista Place and adjacent properties. He also identified the existing City storm drainage easements in the area and why access was needed on 1142 Vista Place. Packet Page 122 of 317 Public comment: Mr. Todd Brown spoke in favor of Item C, to approve the transfer and acceptance of the storm drainage easement. ACTION: Moved to consent agenda for approval. D. Authorization for Mayor to approve acceptance and recording of an Asset Transfer Agreement for 645 9th Avenue North. Mr. English outlined staff’s recommendation to transfer a sewer pipeline and easement that will serve 645 9th Ave and 818 Aloha St. ACTION: Moved to January Public Works, Parks and Planning Committee for further discussion. E. Authorization for Mayor to approve acceptance and recording of a Sanitary Sewer Easement Release and Grant Agreement for 620 Sunset Ave. Mr. English referenced the previous sewer easement that was approved by the City Council in 2012, which allowed the possibility of constructing a building structure within the City’s existing sewer easement. The building improvements were not constructed and staff’s recommendation is to approve a new easement that removes the allowance for a building structure. ACTION: Moved to consent agenda for approval. F. Report on final construction costs for the 224th St. Waterline Relocation Project and acceptance of project. Mr. English described the completed improvements and reviewed the final construction cost. ACTION: Moved to consent agenda for approval. G. Public Comments The meeting adjourned at 8:30 pm. Packet Page 123 of 317    AM-6482     2. B.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign a grant agreement with the Transportation Improvement Board for the 228th St. SW Corridor Improvement project Recommendation Forward the item to the consent agenda for approval at the January 21, 2014 City Council meeting. Previous Council Action None. Narrative The City was awarded a $1,722,000 grant from the Washington State Transportation Improvement Board (TIB) in November, 2013, for the 228th St. SW Corridor Improvement project. The project proposes to construct the missing link of roadway on 228th Street SW from State Route (SR) 99 to 76th Ave W and install two new traffic signals at the intersections of SR99 at 228th Street SW and 76th Ave W at 228th Street SW. The project is currently in the design and right-of-way phases. The start of construction is subject to acquisition of the remaining right of way parcels and may begin in summer 2014 or early 2015.  The City has secured a total of $6,491,000 in federal and state funding and this grant provides the remaining funding necessary to construct the project.  Attached is the TIB funding agreement that must be approved by the City Council. Approval of the agreement will confirm the funding commitment and allow the City to submit construction costs for grant reimbursement.       Attachments TIB Grant Form Review Inbox Reviewed By Date Engineering Robert English 01/09/2014 11:05 AM Packet Page 124 of 317 Public Works Phil Williams 01/09/2014 09:27 PM City Clerk Scott Passey 01/10/2014 09:53 AM Mayor Dave Earling 01/10/2014 02:39 PM Finalize for Agenda Scott Passey 01/10/2014 02:45 PM Form Started By: Megan Luttrell Started On: 01/08/2014 04:23 PM Final Approval Date: 01/10/2014  Packet Page 125 of 317 P a c k e t P a g e 1 2 6 o f 3 1 7 P a c k e t P a g e 1 2 7 o f 3 1 7 P a c k e t P a g e 1 2 8 o f 3 1 7 P a c k e t P a g e 1 2 9 o f 3 1 7 P a c k e t P a g e 1 3 0 o f 3 1 7    AM-6483     2. C.              City Council Committee Meetings Meeting Date:01/14/2014 Time:10 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign Local Agency Standard Consultant Agreement with KPG  for the 236 th St. SW Walkway project and Professional Service Agreements for the 15th St. SW Walkway and 238th St. SW Walkway projects Recommendation Forward each Agreement to the consent agenda for approval at the January 21, 2014 City Council meeting. Previous Council Action On December 10, 2013, a preliminary discussion was held at the PPP meeting regarding the authorization for Mayor to sign professional services agreements with KPG for the 15th St. SW Walkway, 236th St. SW Walkway, and 238th St. SW Walkway projects. Narrative In 2013, the City was awarded three Safe Routes to School transportation grants to design and construct new sidewalks at the following locations:  • 15th St. SW from 8th Ave. S to SR-104 (~ 600’)  • 236th St. SW from SR-104 to the Madrona Elementary school entrance (~ 600’)  • 238th St. SW from 100th Ave. W to 104th Ave. W (~1,200’), including replacement of the stormwater system and pavement overlay.   In accordance with the City’s purchasing policy, the City issued a formal Request for Qualifications (RFQ) to select a consultant team to complete the design and environmental phases on each project. The City included all three sidewalk projects into one RFQ, so one consultant team could be selected and there would be an opportunity to combine two or more of the projects together into one construction contract. Selecting one consultant team also provides continuity and consistency on each project during design development and provides efficiency in preparing the contract documents that will be used during construction.   The City received four statements of qualifications (SOQ’s) from design firms interested in completing the project. A selection panel of three Engineering Division employees reviewed and scored each SOQ. The selection panel chose KPG based on their experience and qualifications on other similar projects and federal-aid requirements.  The City and KPG negotiated the scope of services for each agreement and the services include Packet Page 131 of 317 completing the plans, specifications, environmental documentation and cost estimates. The design and environmental phases are scheduled for completion by June 2014.     The current fee for the scope of services is $62,268 for the 15th St. SW Walkway project (including $1,780 in management reserve), $182,672 for the 238th St. SW Walkway project (including $8,699 in management reserve), and $67,514 for the 236th St. SW project (including $3,215 in management reserve). The management reserve funds are included to address unforeseen design or environmental issues that occur during the project schedule.  Attachments 236th St. SW Walkway Local Agency Standard Consultant Agreement 236th St. SW Walkway Project Map 15th St. SW Walkway Professional Services Agreement 15th St. SW Walkway Project Map 238th St. SW Walkway Professional Services Agreement 238th St. SW Walkway Project Map Form Review Inbox Reviewed By Date Engineering Robert English 01/09/2014 04:51 PM Public Works Phil Williams 01/09/2014 09:27 PM City Clerk Scott Passey 01/10/2014 09:53 AM Mayor Dave Earling 01/10/2014 02:39 PM Finalize for Agenda Scott Passey 01/10/2014 02:45 PM Form Started By: Megan Luttrell Started On: 01/08/2014 04:33 PM Final Approval Date: 01/10/2014  Packet Page 132 of 317 Packet Page 133 of 317 Packet Page 134 of 317 Packet Page 135 of 317 Packet Page 136 of 317 Packet Page 137 of 317 Packet Page 138 of 317 Packet Page 139 of 317 Packet Page 140 of 317 Packet Page 141 of 317 Packet Page 142 of 317 Packet Page 143 of 317 Packet Page 144 of 317 Packet Page 145 of 317 Packet Page 146 of 317 Packet Page 147 of 317 Packet Page 148 of 317 Packet Page 149 of 317 Packet Page 150 of 317 Packet Page 151 of 317 Packet Page 152 of 317 Packet Page 153 of 317 Packet Page 154 of 317 Packet Page 155 of 317 Packet Page 156 of 317 Packet Page 157 of 317 Packet Page 158 of 317 Packet Page 159 of 317 Packet Page 160 of 317 Packet Page 161 of 317 Packet Page 162 of 317 Packet Page 163 of 317 Packet Page 164 of 317 Packet Page 165 of 317 Packet Page 166 of 317 Packet Page 167 of 317 Packet Page 168 of 317 Packet Page 169 of 317 Packet Page 170 of 317 Packet Page 171 of 317 Packet Page 172 of 317 Packet Page 173 of 317 Packet Page 174 of 317 Packet Page 175 of 317 Packet Page 176 of 317 Packet Page 177 of 317 Packet Page 178 of 317 Packet Page 179 of 317 Packet Page 180 of 317 Packet Page 181 of 317 Packet Page 182 of 317 Packet Page 183 of 317 Packet Page 184 of 317 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and KPG, P.S. hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consultant services with respect to the 15th St. SW Walkway from Edmonds Way to 8th Ave S; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the fee schedule found in Exhibit B, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $62,267.44. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City Engineer three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. Packet Page 185 of 317 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Page 186 of 317 Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker’s Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant’s professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City’s prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten days in advance of the effective date of said termination. Packet Page 187 of 317 11. Integration. The Agreement between the parties shall consist of this document, the Scope of Services attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Packet Page 188 of 317 The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: KPG, P.S. 2502 Jefferson Ave Tacoma, WA 98402 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS _______ DAY OF __________________, 20_____. CITY OF EDMONDS KPG, P.S. By By David O. Earling, Mayor Its ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Office of the City Attorney Packet Page 189 of 317 STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 190 of 317 EXHIBIT A City of Edmonds 15th St SW from Edmonds Way to 8th Ave S Project KPG Scope of Work December 11, 2013 Purpose The purpose of the 15th St SW from Edmonds Way to 8th Ave S Project is to improve accessibility and safety of children walking and biking to school. Proposed Improvements Proposed Improvements for the 15th St SW from Edmonds Way to 8th Ave S Project include: • Installation of approximately 600 feet of 5 foot sidewalk, curb, gutter, drainage and burb ramp upgrades on the north side of 15th Street SW from Edmonds Way (SR-104) to 8th Avenue S • Sharrow or bike lane pavement markings Project Assumptions • This project is funded with state Safe Routes to School funds. • The budget assumes the project is exempt under Executive Order 0505 – Cultural Resources. • This project along with two other Safe Routes to School projects (238th St SW and Madrona Walkway), all being designed concurrently, will be delivered as one (1) Bid Package that includes all 3 projects. Bid schedules will be set up to correspond with the different projects and funding sources. • Right of way / easement acquisition will not be part of this project. If it is determined that right-of-way will need to be acquired, any required property rights negotiations will be completed by the City of Edmonds. • The City will provide right-of-entry for surveying, geotechnical review, and/or construction, if required. • The City will provide bid contract document templates (contract forms, Invitation to Bid formats, City GSPs, etc.). • Plans will be developed using AutoCAD 2013 using KPG drafting standards. Work Element 1 Project Management The estimated project duration is 6 months. No design work will proceed after completion of 50% plans and estimates without written authorization from the City. No design work will proceed after the submittal of the 90% plans, specifications and estimate without written Packet Page 191 of 317 authorization from the City. 1.1 Provide project management administrative services including: • Project set-up and execute agreement • Execution of subcontractor agreements • Preparation of monthly progress reports and invoices • 5-10 minute phone discussions (every other week) for verbal progress reports • Record keeping and project closeout 1.2 Provide overall project management including: • Project staff management and coordination • Subcontractor management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.3 Coordinate with City staff. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: • One formal kickoff meeting at project start • One formal kickoff meeting upon re-authorization to proceed following 50% approval. Work Element 2 Quality Control/Quality Assurance The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to the City. 2.1 Field review completed base maps for completeness and accuracy and incorporate findings. 2.2 Senior review of drainage analysis and report. 2.3 Provide senior review of 50% Plans and estimates. 2.4 Provide senior review of 90% Plans, specifications and estimates. 2.5 Provide senior review of Final Plans, specifications and estimates. Work Element 3 Mapping Limits of survey: • 15th Street SW Approximately 50 feet wide o 15th Street SW from Edmonds Way to 8th Avenue S including all curb returns at the intersections with:  Edmonds Way  7th Place South (N)  7th Place South (S) Packet Page 192 of 317  8th Avenue South 3.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be City of Edmonds Datum. Approximately 4 control points at each corridor will be established and will be made available for the construction Consultant’s use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Section Corners • Side street monuments • Property Corners 3.2 Field Survey and Note Reduction. Field mapping will include building faces, building corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. Perform note reduction of the field survey data. 3.3 Mapping work to prepare 1”=20’ topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. The base map will include building faces, building corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. One-foot contours will be generated from the DTM. 3.4 Field survey to locate paint marks in work element 4.1 at 50-ft intervals and surface feature (valves, manholes, catch basins, junction boxes, vaults). The CONSULTANT will prepare a utility base map from this information. 3.5 Perform observation and measure-downs of existing storm drain catch basins and manholes. Document the approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size, material and location of storm drainage pipes will be documented. These observations will be made from the surface. Any required pipe video inspection or smoke testing needed to verify the condition or connectivity of drainage features within the proposed Right of Way will be performed by the City and the information will be made available to the Consultant. Necessary potholing will be provided by the CONSULTANT. Work Element 4 Utility Mapping 4.1 One-call and/or utility purveyors will mark all utility locations within the project corridor so that they can be surveyed in work element 3.4. Any service line locations and gravity storm and sewer needed for design will be field located or mapped. The consultant will be responsible to schedule and coordinate utility locates. 4.2 Coordinate with the utility companies and identify required locations for potholing based on the preferred design alternative. Consultant will prepare a potholing plan for review and approval by the City. If necessary, potholing needs agreed upon by the Packet Page 193 of 317 CONSULTANT and the utility owners will be performed under the direction of the CONSULTANT. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the mapping accordingly. Depths of utility lines located by potholing will be designated by a symbol in the plans and provided to the construction consultant. Survey of potholing information will be included in work element 3.4. Work Element 5 Stormwater Design 5.1 Compile and review existing stormwater data, including record drawings and previous design reports. 5.2 Determine project classification for the project site and evaluate applicable minimum requirements in accordance with ECC Chapter 18.30 and the Edmonds Stormwater Code Supplement. Document preliminary findings in a draft stormwater technical memorandum for the project site. 5.3 Perform alternatives analysis, preliminary and final design for low impact development or other infiltration techniques for each project site as required to mitigate increased impervious surface. Meet with City of Edmonds stormwater staff to present the alternatives analysis and preliminary design prior to completing final design of the facilities. 5.4 Evaluate localized flooding problem at 7th Place S and 15th Street SW. Design solution. 5.5 Prepare final stormwater technical memorandum for the project site to document applicable stormwater management requirements, modeling, and design calculations. Assumptions: • The projects will utilize Low Impact Development techniques or other infiltration methods for stormwater management, where required. • The City will provide all available as-builts Deliverables: • Preliminary Stormwater Technical Memorandum (2 hard copies and pdf file for each memo). • Final Stormwater Technical Memorandum (2 hard copies and pdf file for each memo). Work Element 6 Geotechnical Report 6.1 Geotechnical Exploration Plan The CONSULTANT will prepare a geotechnical exploration plan that identifies the location and type (i.e., hand boring) of investigation to be performed at each exploration location along the project alignment. The exploration plan will include 1”=40’ plan views showing these locations. A written description for the type of analysis to be performed Packet Page 194 of 317 will be prepared. The CONSULTANT will obtain and review existing information, coordinate and plan access and restoration for test holes, and identify features that affect other geotechnical design work elements. No field investigation will proceed until the geotechnical exploration plan has been approved by the City. 6.2 Field Explorations The field exploration program will consist of advancing four (4) shallow (approximately 3 to 4 ft in depth) hand borings to characterize general near surface soil conditions to support design of porous sidewalks. In an effort to avoid buried utilities, the CONSULTANT will contact the Washington Utilities Coordinating Council One Call service to locate underground utilities. The CONSULTANT will also coordinate with the CITY for any known information about existing site utilities prior to performing field activities. 6.3 Geotechnical Laboratory Testing The CONSULTANT will complete a limited geotechnical laboratory testing program consisting of natural moisture content determinations and grain size analyses (sieve and hydrometer) on selected soil samples from the hand borings to aid in classifying site soils and determining pertinent engineering properties of the soil. The CONSULTANT has budgeted for four (4) moisture content determinations and four (4) grain size analyses. 6.4 Geotechnical Engineering Analyses The CONSULTANT will develop geotechnical engineering conclusions and recommendations in accordance with WSDOT Standard Specifications for design and construction of the proposed improvements, including: ♦ Earthwork: temporary and permanent slope configurations, suitability of onsite soil for reuse as structural fill, import fill criteria, fill placement criteria, and sidewalk subgrade preparation. ♦ An estimate of the infiltration rate of the near-surface soil along the project alignment based on soil texture and corresponding published infiltration rates use in design of porous sidewalks. 6.5 Geotechnical Report The results of our field explorations, engineering analyses, and geotechnical engineering conclusions and recommendations, will be summarized in a draft geotechnical report for review by project team and the City. Upon receipt of review comments, the comments will be addressed and a signed and sealed final geotechnical report will be submitted. Packet Page 195 of 317 Assumptions ♦ All subcontractors, equipment subcontractors, laboratories, and other related subcontractor personnel will be selected, hired and paid by the CONSULTANT. ♦ Explorations will be on along perimeter of the project alignment and as a result, it is anticipated that traffic control and a right-of-way use permit from the CITY will not be needed. ♦ For this project, the CONSULTANT has not budgeted for drilling. ♦ Field exploration will be performed during the daylight hours. ♦ Piezometers to monitor groundwater levels over time will not be installed; however, the depth to the groundwater level will be noted at the time of exploration if encountered within the depth of our explorations. ♦ Soil samples will be disposed of 30 days after the date of acceptance of the final report unless other arrangements are made. Deliverables ♦ An electronic copy (in pdf format) and two bound copies of the Draft Geotechnical Report. ♦ An electronic copy (in pdf format) and two bound and one unbound copies of the Final Geotechnical Report. Work Element 7 Environmental 7.1 7.3 SEPA Checklist: If the project does not meet the exemptions in WAC 197-11-800, the CONSULTANT will prepare a SEPA Checklist for each project, in conformance with City of Edmonds standards. The SEPA checklist will briefly describe the project and address the project’s effects on elements of the environment as outlined in the checklist. To prepare elements of the SEPA checklist, we will use project design information prepared by KPG; other environmental information gathered for Tasks described above; and City documents such as the comprehensive plan and zoning code. We will also interview utility providers and city staff as necessary to complete the checklist. Assumptions: ♦ The City of Edmonds will be the lead agency for SEPA. ♦ The project will be exempt from SEPA. Applicability of exemptions will be determined concurrent with design. The CONSULTANT shall commence the above task only after direction by the City to proceed. ♦ The project will not require preparation of a SEPA Environmental Impact Statement, and either a Determination of Non-Significance (DNS) or a mitigated DNS will be issued for the project. Packet Page 196 of 317 ♦ CONSULTANT staff will not attend a public hearing should one be necessary. ♦ City of Edmonds staff will prepare and publish the DNS (or mitigated DNS). ♦ The CONSULTANT will not be required to respond to any public or agency comments on the SEPA Checklist(s). Deliverables: ♦ An electronic (Adobe PDF) and paper copy of the draft SEPA checklist. ♦ An electronic (Adobe PDF) and paper copy of the final SEPA checklist. Work Element 8 Community and Agency Coordination 8.1 Provide meeting minutes and action items from City arranged project meetings with cooperating stakeholders and permitting agencies. (Assume 1 meeting) 8.2 Arrange and coordinate 1 project meeting with the utility companies. Provide meeting minutes and action items. Work Element 9 Right of Way Calculations Perform the following work items necessary to establish the existing right-of-way (ROW) along the three separate corridors in the project vicinity 9.1 Research Records. Determine which existing corners and monuments should be field located and surveyed. 9.2 Calculations for ROW lines. Using the research information and the survey work described above, calculate location and surveyed corners, roadway features and monuments. 9.3 Incorporate existing right of way into project base map. No additional right of way or easements are anticipated. Preparation of legal descriptions is not included in this scope of work. Work Element 10 Final Design The Consultant shall provide Final Plans, Specifications and Estimates in accordance with the current WSDOT H&LP Local Agency Guidelines (LAG) Manual for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be stamped and signed by a licensed professional engineer in the State of Washington. 10.1 50% Design – Plans and Estimate Only 10.2 Final Design (90% Completion Level) – Plans, Specifications and Estimate Packet Page 197 of 317 10.3 Construction Documents (100% Completion Level) – Plans, Specifications and Estimate • Assemble a title and index sheet that would include a vicinity map. • Assemble a sheet for symbol and abbreviation legends, general notes • Prepare typical sections. • Prepare detail sheets. • Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. • Prepare alignment, walkway, and grading plans. These plans will include horizontal alignment information and plan views of grading, walkway alignment, and ADA ramp location, as well as limits of cut/fill required. • Prepare roadway profile control for the new walkway. Roadway centerline will be shown at 25 ft intervals. • Prepare private driveway plan and profile drawings. • Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, stop lines and curb face painting. These plans will also show the locations and sizes of all signs. • Prepare drainage detail sheets, depicting special or non-standard drainage features. For budgeting purposes, it is assumed that detention and/or treatment requirements will be mitigated with the use of porous sidewalks or rain gardens. • Prepare and assemble 50% and 90% Plan submittals for review and comment by the City and/or WSDOT. Final Bid Document Plans will be prepared based on 90% comments. • Perform 50%, 90% and Final Design quantity take-offs and opinion of costs. • Prepare contract specifications for the 90% and Final Bid Document submittals based on current WSDOT/APWA standards (English), applicable amendments to the current WSDOT/APWA standards and applicable LAG standards. Deliverables: ♦ Assemble and submit 50%, 90%, and Final levels of design. • One full size set of plans (90% and Final only) • 6 half-size sets of plans (11x17), including one unbound original • 2 copies of specs, including one unbound original (90% and Final only) Packet Page 198 of 317 • 6 copies of the opinion of cost • PSE Checklist • .pdf of all submittals Work Element 11 Assistance During Bidding 11.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare one (1) addendum. Management Reserve Management reserve will be used to address potential unforeseen design changes and/or additions as mutually agreed upon by the City and the CONSULTANT. ADDITIONAL SERVICES: The City of Edmonds may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Packet Page 199 of 317 EXHIBIT B FEE SUMMARY Project:City of Edmonds 15th St SW from Edmonds Way to 8th Ave S Project 12/11/2013 Description Prepare Bid Documents and Right of Way Plans: Work Element 1 - Project Management $3,520.64 Work Element 2 - Quality Control/Quality Assurance $3,594.34 Work Element 3 - Mapping $6,745.53 Work Element 4 - Utility Mapping $1,614.25 Work Element 5 - Stormwater Design $4,340.56 Work Element 6 - Geotechnical Report $6,851.16 Work Element 7 - Environmental $4,119.16 Work Element 8 - Community & Agency Coordination $1,052.88 Work Element 9 - Right-of-Way Calculations $1,354.89 Work Element 10 - Final Design $24,302.57 Work Element 11 - Assistance During Bidding $1,806.34 Subtotal $59,302.32 Management Reserve (5%)$2,965.12 Total Estimated Fee $62,267.44 Estimated Fee City of Edmonds Page 1 of 1 KPG 1/9/2014 Packet Page 200 of 317 EXHIBIT BHOUR AND FEE ESTIMATE Project:City of Edmonds 15th St SW from Edmonds Way to 8th Ave S Project 12/11/2013 Total Fee Proj Engr Design engr Senior Project Sen. Urb DesLandscape Survey Task Engineer Manager Proj. Surveyor Surveyor crew Technician Clerical Direct Overhead Profit Effective multiplier 64.90$ 56.56$ 40.13$ 34.62$ 50.65$ 28.85$ 21.63$ Hours Labor Cost 145.78%30%2.7578 Work Element 1 - Project Management 1.1 Project management administrative services 0 4 0 0 0 0 4 8 313 456 94 862.53$ 1.2 Overall Project management 0 4 0 0 0 0 4 8 313 456 94 862.53$ 1.3 City staff coordination meetings (2)0 8 0 0 0 2 4 14 597 870 179 1,645.58$ Reimbursable expenses - see breakdown for details 150.00$ 0 16 0 0 0 2 12 30 1,222 1,782 367 3,520.64$ Work Element 2 - Quality Control/Quality Assurance 2.1 Field review of base maps for accuracy 0 0 3 0 0 3 0 6 207 302 62 570.66$ 2.2 Drainage analysis review 4 0 0 0 0 0 0 4 260 378 78 715.92$ 2.3 Review 30% plans, and estimate 3 0 0 0 0 0 0 3 195 284 58 536.94$ 2.4 Review 90% plans, specs, and estimate 4 3 0 0 0 0 0 7 429 626 129 1,183.87$ 2.5 Review 100% plans, specs, and estimate 3 0 0 0 0 0 0 3 195 284 58 536.94$ Reimbursable expenses - see breakdown for details 50.00$ 14 3 3 0 0 3 0 23 1,285 1,874 386 3,594.34$ Work Element 3 - Mapping 3.1 Etablish Control Points 0 0 1 0 6 0 0 7 344 502 103 948.75$ 3.2 Field survey and note reduction 0 0 2 4 10 0 0 16 725 1,057 218 2,000.04$ 3.3 Prepare map 0 0 2 14 2 0 0 18 666 971 200 1,837.33$ 3.4 Locate utility paint marks 0 0 1 0 4 0 0 5 243 354 73 669.39$ 3.5 Perform Observation 0 0 1 0 2 0 0 3 141 206 42 390.02$ Reimbursable expenses - see breakdown for details 900.00$ 0 0 7 18 24 0 0 49 2,120 3,090 636 6,745.53$ Work Element 4 - Utility Mapping 4.1 Coordinate field utlity locates 0 1 1 2 2 0 0 6 267 390 80 736.95$ 4.2 Request utlity company as builts 0 1 2 0 0 0 0 3 137 199 41 377.29$ Reimbursable expenses - see breakdown for details 500.00$ 0 2 3 2 2 0 0 9 404 589 121 1,614.25$ Work Element 5 - Stormwater Design 5.1 Compile and review existing data 0 1 2 0 0 0 0 3 137 199 41 377.29$ 5.2 Stormwater requirements evaluation 0 1 4 0 0 0 0 5 217 316 65 598.61$ 5.3 Perform Alternative Analysis 1 1 4 0 0 0 0 6 282 411 85 777.59$ 5.4 Hydrologic and hydraulic modeling 0 1 3 0 0 0 0 4 177 258 53 487.95$ 5.5 Evaluate Pre-Treament Capacity 0 1 2 0 0 0 0 3 137 199 41 377.29$ 5.6 Flooding evaluation 0 1 1 0 0 0 0 2 97 141 29 266.64$ 5.7 Stormwater technical memorandum 1 4 4 0 0 0 1 10 473 690 142 1,305.18$ Reimbursable expenses - see breakdown for details 150.00$ 2 10 20 0 0 0 1 33 1,520 2,215 456 4,340.56$ Work Element 6 - Geotechnical Report 6.1 Geotechnical Exploration Plan 0 0 0 0 0 0 0 0 0 0 0 -$ 6.2 Field Exploration 0 0 0 0 0 0 0 0 0 0 0 -$ 6.3 Geotechnical Laboratory Testing 0 0 0 0 0 0 0 0 0 0 0 -$ 6.4 Geotechnical Engineering Analysis 0 0 0 0 0 0 0 0 0 0 0 -$ 6.5 Engineering Analyses 0 1 2 0 0 0 0 3 137 199 41 377.29$ Reimbursable expenses - see breakdown for details 6,473.87$ 0 2 8 0 0 8 0 18 665 969 199 6,851.16$ Task Total Labor Hour Estimate Task Totals Task Total Task Total Description Task Total Task Total City of Edmonds Page 1 of 2 KPG 1/9/2014 Packet Page 201 of 317 EXHIBIT BHOUR AND FEE ESTIMATE Project:City of Edmonds 15th St SW from Edmonds Way to 8th Ave S Project 12/11/2013 Total Fee Proj Engr Design engr Senior Project Sen. Urb DesLandscape Survey Task Engineer Manager Proj. Surveyor Surveyor crew Technician Clerical Direct Overhead Profit Effective multiplier 64.90$ 56.56$ 40.13$ 34.62$ 50.65$ 28.85$ 21.63$ Hours Labor Cost 145.78%30%2.7578 Labor Hour Estimate Description Work Element 7 - Environmental 7.1 Classification Summary/Exclusion 0 0 0 0 0 0 0 0 0 0 0 -$ 7.2 No Effect and Essential Fish Habitat 0 0 0 0 0 0 0 0 0 0 0 -$ 7.3 SEPA Checklist 0 2 4 0 0 4 0 10 389 567 117 1,072.84$ Reimbursable expenses - see breakdown for details 3,046.32$ 0 2 4 0 0 4 0 10 389 567 117 4,119.16$ Work Element 8 - Community & Agency Coordination 8.1 Provide meeting minutes & action items 0 1 0 0 0 0 2 3 100 146 30 275.28$ 8.2 Coordinate project meeting w/ utility co 0 3 0 0 0 0 1 4 191 279 57 527.59$ Reimbursable expenses - see breakdown for details 250.00$ 0 4 0 0 0 0 3 7 291 424 87 1,052.88$ Work Element 9 - Right-of-Way Calculations 9.1 Research records 0 0 2 0 0 0 0 2 80 117 24 221.31$ 9.2 Calculations for ROW lines 0 0 4 0 0 0 0 4 161 234 48 442.63$ 9.3 Incorporate existing ROW into base map 0 0 0 2 0 0 0 2 69 101 21 190.95$ Reimbursable expenses - see breakdown for details 500.00$ 0 0 6 2 0 0 0 8 310 452 93 1,354.89$ Work Element 10 - Final Design 10.1 50% Design, Plans and Estimate 1 8 15 20 0 20 3 67 2,454 3,577 736 6,766.39$ 10.2 90% PS&E 1 8 20 30 0 30 5 94 3,332 4,858 1,000 9,189.35$ 10.3 Construction Docs - PS&E 1 4 15 20 0 10 3 53 1,939 2,826 582 5,346.84$ Reimbursable expenses - see breakdown for details 3,000.00$ 3 20 50 70 0 60 11 214 7,724 11,261 2,317 24,302.57$ Work Element 11 - Assistance During Bidding 11.1 Addendum and Respond to bidders questions 1 1 4 4 0 4 4 18 622 907 187 1,716.34$ Reimbursable expenses - see breakdown for details 90.00$ 1 1 4 4 0 4 4 18 622 907 187 1,806.34$ 20 58 97 96 26 73 31 401 15888 23161 4766 $59,302.32 Management Reserve (3%)$1,779.07 Total Estimated Fee $61,081.39 Task Total Task Total Task Total Task Total TOTAL HOURS AND ESTIMATED FEE Task Total City of Edmonds Page 2 of 2 KPG 1/9/2014 Packet Page 202 of 317 EXHIBIT B HOUR AND FEE ESTIMATE Project:City of Edmonds 15th St SW from Edmonds Way to 8th Ave S Project 12/11/2013 Reimbursable Breakdown Work Element 1 - Project Management Mileage 100.00$ Reproduction 50.00$ Task 1 - Total 150.00$ Work Element 2 - Quality Control/Quality Assurance Mileage -$ Reproduction 50.00$ Task 2 - Total 50.00$ Work Element 3 - Mapping Mileage 300.00$ Reproduction -$ Potholing Allowance 600.00$ Task 3 - Total 900.00$ Work Element 4 - Utility Mapping Mileage -$ Reproduction -$ Potholing Allowance 500.00$ Task 4 - Total 500.00$ Work Element 5 - Stormwater Design Mileage 100.00$ Reproduction 50.00$ Task 5 - Total 150.00$ Work Element 6 - Geotechnical Report Mileage -$ Reproduction -$ Landau Associates - Geotechnical report 6,423.87$ Task 6 - Total 6,473.87$ Work Element 7 - Environmental Mileage 25.00$ Reproduction 50.00$ Landau Associates - 15th SEPA 2,971.32$ Task 7- Total 3,046.32$ City of Edmonds Page 1 of 2 KPG 1/9/2014 Packet Page 203 of 317 EXHIBIT B HOUR AND FEE ESTIMATE Project:City of Edmonds 15th St SW from Edmonds Way to 8th Ave S Project 12/11/2013 Reimbursable Breakdown Work Element 8 - Community & Agency Coordination Mileage 50.00$ Reproduction 200.00$ Task 8 - Total 250.00$ Work Element 9 - Right-of-Way Calculations Mileage -$ Reproduction 500.00$ Task 9 - Total 500.00$ Work Element 10 - Final Design Mileage 500.00$ Reproduction 2,500.00$ Task 10 - Total 3,000.00$ Work Element 11 - Assistance During Bidding Mileage 40.00$ Reproduction 50.00$ Task 11 - Total 90.00$ Reimbursable Subtotal 8,636.32$ Administrative fees on reimbursables (0%)-$ TOTAL REIMBURSABLES 8,636.32$ City of Edmonds Page 2 of 2 KPG 1/9/2014 Packet Page 204 of 317 I- 5 HW Y 9 9 76 t h A v e W Ed m o n d s W y Main St O ly mpic View Dr Pine St 196th St SW N 205th St/244th St SW 66 t h A v e W 9t h A v e N 84 t h A v e W 220th St SW 88 t h A v e W 68 t h A v e W 212th St SWBowdoin Wy Dayton St 1 0 0 t n A v e W 208th St SW 74th Ave W T a l b o t R d 3r d A v e S Puge t Dr 5t h A v e S Ol y m p i c A v e 200th St SW Lund's Gulch Rd 80 t h A v e W Ti m b e r L n 224th St SW 95 t h P l W 3rd A v e N Casper St 7 5 t h P L W 168th St SW 96 t h A v e W 7 2 n d A v e W M eado wdale Rd Sun s e t A v e N Ma p l e w o o d D r 2 3 1 s t St SW 206th St SW Meadowdale Beach Rd 8 3 r d A v e W 240th St SW 7 4 t h A v e W 66 t h A v e W 80 t h A v e W C I T Y O F E D M O N D S C I T Y O F E D M O N D S May 3, 2012 0 2,000 4,000 6,000 8,0001,000 Feet ¯ 1 in = 3,086 f￿ 1 5 T H S T S W 1 5 T H S T S WW a l k w a y I m p r o v e m e n t s W a l k w a y I m p r o v e m e n t s Proposed Sidewalk City of Edmonds City of Lynnwood City of Mountlake Terrace 1 5 t h S t S W 1 5 t h S t S W RO SEWO OD C T SU NRISE ED MOND SMEMO RIALCEMETERY RO BIN HO ODLA NES 98 1 8 98 1 0 98 0 8 98 0 6 98 0 2 97 9 8 97 9 4 97 9 2 97 9 0 IVAR'S PA RKI NG PCC(FO RMERALBERTSONS) BLOCKBUSTER PARKING PA R K I N G QFC PARKING ANTIQUESTACOBELL M C D O N A L D ' S 2302 8BARTELL'S -1 0030 CH E V R O N BALLFIELD S SH ERWO ODELEM. SCHO O L PA RKI NG G Y M OFFIC E 10 1 1 5 1 0 0 T H A V E W 1 0 6 T H A V E W 1 5 T H S T S W 1 0 2 N D P L W 8 T H P L S 2 2 9T H P L SW 7 T H P L S 2 2 7 TH PL S W 1 4T H WA Y 1 5 T H W A Y S W 8 T H P L S 2 2 6 TH PL SW 9 9 T H A V E W E D M O ND S W AY 1 4 T H W AY 1 4 T H W A Y 1 0 6 T H P L W E DM ON D S W AY 1 0 0 T H A V E W 2 2 8 T H ST SW S O U T H D E E R D R 10 8 T H A V E W NO R T H D E E R D R ALGO N Q UIN R D 225TH PL SW 2 2 6T H PL S W 1 0 7 T H P L W 10 5 T H P L W 7 T H P L S 2 2 6T H PL SW 22 6 T H ST SW 1 4 T H W AY 1 0 6 T H P L W 8 T H A V E S N e w S i d e w a l k N e w S i d e w a l k 0 420 840 1,260 1,680210Feet Packet Page 205 of 317 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and KPG, P.S. hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consultant services with respect to the 238th Street SW Walkway with Stormwater Project; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the fee schedule found in Exhibit B, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $182,671.44. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City Engineer three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. Packet Page 206 of 317 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Page 207 of 317 Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker’s Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant’s professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City’s prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten days in advance of the effective date of said termination. Packet Page 208 of 317 11. Integration. The Agreement between the parties shall consist of this document, the Scope of Services attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Packet Page 209 of 317 The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: KPG, P.S. 2502 Jefferson Ave Tacoma, WA 98402 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS _______ DAY OF __________________, 20_____. CITY OF EDMONDS KPG, P.S. By By David O. Earling, Mayor Its ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Office of the City Attorney Packet Page 210 of 317 STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 211 of 317 EXHIBIT A City of Edmonds 238th Street SW Walkway with Stormwater Project KPG Scope of Work December 11, 2013 Purpose The purpose of the 238th Street SW Walkway with Stormwater Project is to improve accessibility and safety of children walking and biking to school as well as improve stormwater facilities along the corridor. Proposed Improvements Proposed Improvements for this project include: • Installation of 1,200 feet of 5 foot sidewalk, curb and gutter along one side of the street from 100th Avenue W to 104th Avenue W including curb ramps, to include receiving ramps at both ends of the corridor, driveways, and storm system replacement. • Overlay 238th Street SW from 100th Avenue W to 104th Avenue • Rain gardens, pervious pavement sidewalks, and other LID techniques will be evaluated for this corridor • Mid-block crossing at the intersection with 102nd Avenue W • Sharrow pavement markings Packet Page 212 of 317 Project Assumptions • This project is funded with local and state funds. • The budget assumes the project is exempt under Executive Order 0505 – Cultural Resources. • This project along with two other Safe Routes to School projects (Madrona Elementary and 15th St SW), all being designed concurrently, will be delivered as one (1) Bid Package that includes all 3 projects. Bid schedules will be set up to correspond with the different projects and funding sources. • Right of way / easement acquisition will not be part of this project. If it is determined that right-of-way will need to be acquired, any required property rights negotiations will be completed by the City of Edmonds. • The City will provide all available survey and soils reports available for the 238th Street SW corridor. • The available soils report for the 238th Street SW corridor contains sufficient information to design the LID elements for this project. • The City will provide right-of-entry for surveying, geotechnical review, and/or construction, if required. • The City will provide bid contract document templates (contract forms, Invitation to Bid formats, City GSPs, etc.). • Plans will be developed using AutoCAD 2013 using KPG drafting standards. Work Element 1 Project Management The estimated project duration is 6 months. No design work will proceed after completion of 50% plans and estimates without written authorization from the City. No design work will proceed after the submittal of the 90% plans, specifications and estimate without written authorization from the City. 1.1 Provide project management administrative services including: • Project set-up and execute agreement • Execution of subcontractor agreements • Preparation of monthly progress reports and invoices • 5-10 minute phone discussions (every other week) for verbal progress reports • Record keeping and project closeout 1.2 Provide project management administrative services (Storm) 1.3 Provide overall project management including: • Project staff management and coordination • Subcontractor management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.4 Provide overall project management (Storm) 1.5 Coordinate with City staff, including preparation and attendance of up to 6 monthly coordination meetings throughout the duration of the project. Level of effort for this task Packet Page 213 of 317 is based on an average of 2 Consultant staff at each of the following meetings: • One formal kickoff meeting at project start • One formal kickoff meeting upon re-authorization to proceed following 50% approval. • Monthly meetings at the City throughout the project duration (estimate 4). 1.6 Coordinate with City staff (Storm) Work Element 2 Quality Control/Quality Assurance The Consultant shall provide internal QA/QC reviews of the following major work elements prior to submittal to the City. 2.1 Field review completed base maps for completeness and accuracy and incorporate findings. 2.2 Senior review of drainage analysis and report. (Storm) 2.3 Provide senior review of 50% Plans and estimates. 2.4 Provide senior review of 90% Plans, specifications and estimates. 2.5 Provide senior review of Final Plans, specifications and estimates. Work Element 3 Mapping Limits of survey: • 238th Street SW (Approximately 60 feet wide) o 237th Place SW, 400 feet west of 104th Avenue W to 104th Avenue W o 104th Avenue W, 50 feet north of 237th Place SW to 50 feet south of 238th Street SW 238th Street SW from 104th Ave W to 100th Avenue W, o 100th Avenue W, 50 feet north of 238th Street SW to 50 feet south of 238th Street SW 3.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be City of Edmonds Datum. Approximately 4 control points at each corridor will be established and will be made available for the construction Consultant’s use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Section Corners • Side street monuments • Property Corners 3.2 Field Survey and Note Reduction. Field mapping will include building faces, building Packet Page 214 of 317 corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. Perform note reduction of the field survey data. 3.3 Mapping work to prepare 1”=20’ topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. The base map will include building faces, building corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. One-foot contours will be generated from the DTM. 3.4 Field survey to locate paint marks in work element 4.1 at 50-ft intervals and surface feature (valves, manholes, catch basins, junction boxes, vaults). The CONSULTANT will prepare a utility base map from this information. 3.5 Perform observation and measure-downs of existing storm drain catch basins and manholes. Document the approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size, material and location of storm drainage pipes will be documented. These observations will be made from the surface. Any required pipe video inspection or smoke testing needed to verify the condition or connectivity of drainage features within the proposed Right of Way will be performed by the City and the information will be made available to the Consultant. Necessary potholing will be provided by the CONSULTANT. Work Element 4 Utility Mapping 4.1 One-call and/or utility purveyors will mark all utility locations within the project corridor so that they can be surveyed in work element 3.4. Any service line locations and gravity storm and sewer needed for design will be field located or mapped. The consultant will be responsible to schedule and coordinate utility locates. 4.2 Coordinate with the utility companies and identify required locations for potholing based on the preferred design alternative. Consultant will prepare a potholing plan for review and approval by the City. If necessary, potholing needs agreed upon by the CONSULTANT and the utility owners will be performed under the direction of the CONSULTANT. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the mapping accordingly. Depths of utility lines located by potholing will be designated by a symbol in the plans and provided to the construction consultant. Survey of potholing information will be included in work element 3.4. Work Element 5 Stormwater Design 5.1 Compile and review existing stormwater data, including record drawings and previous design reports. Meet with City of Edmonds stormwater staff to discuss previously completed design work. Perform site visit. 5.2 Determine project classification for the three project site and evaluate applicable Packet Page 215 of 317 minimum requirements in accordance with ECC Chapter 18.30 and the Edmonds Stormwater Code Supplement. Document preliminary findings in a draft stormwater technical memorandum for each project site. 5.3 Perform alternatives analysis, preliminary and final design for low impact development or other infiltration techniques for the project site as required to mitigate increased impervious surface. Meet with City of Edmonds stormwater staff to present the alternatives analysis and preliminary design prior to completing final design of the facilities. 5.4 Create a hydrologic and hydraulic model for new 238th Street SW storm drain that includes the Hickman Park infiltration system and upstream tributary basin areas. Basin areas and hydrologic modeling parameters will be provided by the City. Run model to evaluate pipe sizing and to predict performance of the Hickman Park system with the additional tributary area conveyed to it. 5.5 Evaluate the pre-treatment capacity of the existing infiltration system in Hickman Park. Design an upstream pre-treatment facility (e.g. CDS or Vortechs unit) if the existing pre- treatment capacity is found to be insufficient. A potential revision to the existing infiltration system’s flow distribution will also be evaluated as part of this effort. 5.6 Prepare final stormwater technical memorandum to document applicable stormwater management requirements, modeling, and design calculations. Assumptions: • The projects will utilize Low Impact Development techniques or other infiltration methods for stormwater management, where required. • The previously proposed infiltration trench in 101st Ave W will not be included in this project. • The City will provide as-built drawings and design information for the Hickman Park infiltration system, including sub-basin and hydrologic parameters for the upstream basin. This information will be incorporated into the hydrologic and hydraulic model as provided without addition basin analysis. Deliverables: • Preliminary Stormwater Technical Memorandum (2 hard copies and pdf file for each memo). • Final Stormwater Technical Memorandum (2 hard copies and pdf file for each memo). Work Element 6 Environmental 6.1 Environmental Classification Summary/Documented Categorical Exclusion. The CONSULTANT will prepare a WSDOT Local Agency Environmental Classification Summary (ECS) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Packet Page 216 of 317 Section 310.07). The ECS will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). We will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. CONSULTANT will compile and review environmental information from readily available public domain resources to gain a general understanding of environmental resources along the project corridor. A site reconnaissance will be completed to identify existing conditions at each project site. As detailed in the tasks below, the ECS will be supported, as necessary, by documents to include an evaluation of effect on species and habitats listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH), and cultural resources. The ECS will also require a discussion of stormwater treatment and detention, which will be based on information provided in the TIR. Assumptions: ♦ Project is limited to state/local funds and does not require compliance with NEPA. Preparation of documentation satisfying NEPA requirements for these projects is not included in this scope of services. ♦ The proposed project will not result in significant horizontal or vertical alignment of the existing roadway. ♦ Individual discipline reports or other documentation analyzing air quality, noise, critical and sensitive areas, resource lands, tribal lands, visual quality, hazardous and problem waste, environmental justice, and Section 4(f)/6(f) lands will not be required, and modeling efforts will not be required for these elements of the environment. ♦ Wetland, waterway, and associated buffer delineation will not be required. Deliverables: ♦ No Deliverables 6.2 No Effect Determination and Essential Fish Habitat Evaluation (EFH). If necessary, the CONSULTANT will prepare a brief no effect determination letter for the Madrona Elementary Walkway project on species listed as threatened under the ESA and an EFH evaluation. We will request site specific habitat information from the Washington State Department of Fish and Wildlife priority habitats and species database. Evaluation of specific project details such as construction techniques and equipment used, timing of construction, temporary sediment and erosion control measures, and best management practices will be based on information developed by KPG. Assumptions: ♦ The project will have no effect on listed species or their designated critical habitat and preparation of a Biological Assessment will not be required. The project will have no adverse impact to EFH. Packet Page 217 of 317 ♦ Stormwater from the project will not discharge to surface waters, and stormwater modeling using HI-RUN Model will not be required. ♦ In-water work will not occur. ♦ An additional site visit will not be required as part of this task. Characterization of site conditions will be based on findings from the site reconnaissance completed as part of Task 8.1. ♦ This task does not include efforts to perform a six month update of species listings, if necessary. ♦ The project “no effect” determination support requires discussion that is of complexity or length that exceeds space limits of ECS form. Deliverables: ♦ An electronic (Adobe PDF) of the draft No Effect Letter/ EFH Evaluation. ♦ An electronic (Adobe PDF) of the final No Effect Letter/ EFH Evaluation. 6.3 SEPA Checklist: If the project does not meet the exemptions in WAC 197-11-800, the CONSULTANT will prepare a SEPA Checklist for each project, in conformance with City of Edmonds standards. The SEPA checklist will briefly describe the project and address the project’s effects on elements of the environment as outlined in the checklist. To prepare elements of the SEPA checklist, we will use project design information prepared by KPG; other environmental information gathered for Tasks described above; and City documents such as the comprehensive plan and zoning code. We will also interview utility providers and city staff as necessary to complete the checklist. Assumptions: ♦ The City of Edmonds will be the lead agency for SEPA. ♦ The project may be exempt from SEPA. Applicability of exemptions will be determined concurrent with design. The CONSULTANT shall commence the above task only after direction by the City to proceed. ♦ The project will not require preparation of a SEPA Environmental Impact Statement, and either a Determination of Non-Significance (DNS) or a mitigated DNS will be issued for the project. ♦ CONSULTANT staff will not attend a public hearing should one be necessary. ♦ City of Edmonds staff will prepare and publish the DNS (or mitigated DNS). ♦ The CONSULTANT will not be required to respond to any public or agency comments on the SEPA Checklist(s). Deliverables: ♦ An electronic (Adobe PDF) and paper copy of the draft SEPA checklist. Packet Page 218 of 317 ♦ An electronic (Adobe PDF) and paper copy of the final SEPA checklist. Work Element 7 Community and Agency Coordination 7.1 Provide meeting minutes and action items from City arranged project meetings with cooperating stakeholders and permitting agencies. (Assume 2 meetings) 7.2 Arrange and coordinate 1 project meeting with the utility companies. Provide meeting minutes and action items. 7.3 Attend and assist in facilitation of one open house style community outreach session. 7.4 Prepare roll-plots, cross-section exhibits, and other design exhibits as required for the open house. 7.5 Community outreach for storm portion of project Work Element 8 Right of Way Calculations Perform the following work items necessary to establish the existing right-of-way (ROW) along the three separate corridors in the project vicinity 8.1 Research Records. Determine which existing corners and monuments should be field located and surveyed. 8.2 Calculations for ROW lines. Using the research information and the survey work described above, calculate location and surveyed corners, roadway features and monuments. 8.3 Incorporate existing right of way into project base map. No additional right of way or easements are anticipated. Preparation of legal descriptions is not included in this scope of work. Work Element 9 Final Design The Consultant shall provide Final Plans, Specifications and Estimates in accordance with the current WSDOT H&LP Local Agency Guidelines (LAG) Manual for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be stamped and signed by a licensed professional engineer in the State of Washington. Final bid documents will be prepared to allow for a separate bid schedules as necessary to accommodate the various funding sources being applied to this project. 9.1 50% Design – Plans and Estimate Only 9.2 Storm and Overlay – 50% 9.3 Final Design (90% Completion Level) – Plans, Specifications and Estimate Packet Page 219 of 317 9.4 Storm and Overlay – 90% 9.5 Construction Documents (100% Completion Level) – Plans, Specifications and Estimate 9.6 Storm and Overlay – Construction Documents • Prepare detail sheets. • Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. • Prepare alignment, walkway, and grading plans. These plans will include horizontal alignment information and plan views of grading, walkway alignment, and ADA ramp location, as well as limits of cut/fill required. • Prepare roadway profile control for the new walkway. Roadway centerline will be shown at 25 ft intervals. • Prepare private driveway plan and profile drawings. • Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, stop lines and curb face painting. These plans will also show the locations and sizes of all signs. • Prepare drainage detail sheets, depicting special or non-standard drainage features. For budgeting purposes, it is assumed that detention and/or treatment requirements will be mitigated with the use of porous sidewalks or rain gardens. • Prepare plans and details for signal modifications at the intersections of 238th Street SW at 104th • Prepare plans and details for overlay of 238th Street SW including restoration required, existing surface utilities which require adjustment to grade, curb ramp details for new and modified curb ramps, approximate locations of pavement/subgrade repairs. • Prepare and assemble 50% and 90% Plan submittals for review and comment by the City and/or WSDOT. Final Bid Document Plans will be prepared based on 90% comments. • Perform 50%, 90% and Final Design quantity take-offs and opinion of costs. • Prepare contract specifications for the 90% and Final Bid Document submittals based on current WSDOT/APWA standards (English), applicable amendments to the current WSDOT/APWA standards and applicable LAG standards. Packet Page 220 of 317 Deliverables: ♦ Assemble and submit for 50%, 90%, and Final levels of design. • One full size set of plans (90% and Final only) • 6 half-size sets of plans (11x17), including one unbound original • 2 copies of specs, including one unbound original (90% and Final only) • 6 copies of the opinion of cost • PSE Checklist • pdf of all submittals Work Element 10 Assistance During Bidding 10.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare three (3) addenda. Management Reserve Management reserve will be used to address potential unforeseen design changes and/or additions as mutually agreed upon by the City and the CONSULTANT. ADDITIONAL SERVICES: The City of Edmonds may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Packet Page 221 of 317 EXHIBIT B FEE SUMMARY Project:City of Edmonds 238th Street SW Walkway with Stormwater Project 0 Description Prepare Bid Documents and Right of Way Plans: Work Element 1 - Project Management $8,839.82 Work Element 2 - Quality Control/Quality Assurance $6,088.31 Work Element 3 - Mapping $7,616.45 Work Element 4 - Utility Mapping $1,914.74 Work Element 5 - Stormwater Design*$18,659.42 Work Element 6 - Environmental $3,822.85 Work Element 7 - Community & Agency Coordination $9,685.17 Work Element 8 - Right-of-Way Calculations $2,422.04 Work Element 9 - Final Design $111,134.35 Work Element 10 - Assistance During Bidding $3,789.65 Subtotal $173,972.80 Management Reserve (5%)$8,698.64 Total Estimated Fee $182,671.44 Estimated Fee City of Edmonds Walkways Projects Page 1 of 1 KPG 1/9/2014 Packet Page 222 of 317 EXHIBIT BHOUR AND FEE ESTIMATE Project:City of Edmonds 238th Street SW Walkway with Stormwater Project Total Fee Proj Engr Design engr Senior Project Sen. Urb DesLandscape Survey Task Engineer Manager Proj. Surveyor Surveyor crew Technician Clerical Direct Overhead Profit Effective multiplier 64.90$ 56.56$ 40.13$ 34.62$ 50.65$ 28.85$ 21.63$ Hours Labor Cost 145.78%30%2.7578 Work Element 1 - Project Management 1.1 Project management administrative services 2 4 0 0 0 0 4 10 443 645 133 1,220.49$ 1.2*Project management - Storm 2 4 0 0 0 0 4 10 443 645 133 1,220.49$ 1.3 Overall Project management 1 4 0 0 0 0 2 7 334 487 100 922.21$ 1.4*Overall Project management - Storm 1 8 0 0 0 0 4 13 604 880 181 1,665.44$ 1.5 City staff coordination meetings (2)1 3 2 0 0 2 2 10 416 606 125 1,146.67$ 1.6*City staff coordination meetings (4) - Storm 1 9 5 0 0 2 2 19 876 1,276 263 2,414.52$ Reimbursable expenses - see breakdown for details 250.00$ 8 32 7 0 0 4 18 69 3,115 4,541 934 8,839.82$ Work Element 2 - Quality Control/Quality Assurance 2.1 Field review of base maps for accuracy 0 0 4 0 0 4 0 8 276 402 83 760.88$ 2.2*Drainage analysis review (Local Funds)12 0 0 0 0 0 0 12 779 1,135 234 2,147.77$ 2.3 Review 50% plans, and estimate 4 0 0 0 0 0 0 4 260 378 78 715.92$ 2.4 Review 90% plans, specs, and estimate 6 4 0 0 0 0 0 10 616 897 185 1,697.81$ 2.5 Review 100% plans, specs, and estimate 4 0 0 0 0 0 0 4 260 378 78 715.92$ Reimbursable expenses - see breakdown for details 50.00$ 26 4 4 0 0 4 0 38 2,190 3,192 657 6,088.31$ Work Element 3 - Mapping 3.1 Etablish Control Points 0 0 1 0 6 0 0 7 344 502 103 948.75$ 3.2 Field survey and note reduction 0 0 3 4 12 0 0 19 867 1,263 260 2,390.06$ 3.3 Prepare map 0 0 20 0 0 20 692 1,009 208 1,909.50$ 3.4 Locate utility paint marks 0 0 1 0 6 0 0 7 344 502 103 948.75$ 3.5 Perform Observation 0 0 1 0 4 0 0 5 243 354 73 669.39$ Reimbursable expenses - see breakdown for details 750.00$ 0 0 6 24 28 0 0 58 2,490 3,630 747 7,616.45$ Work Element 4 - Utility Mapping 4.1 Coordinate field utlity locates 0 0 2 3 3 0 0 8 336 490 101 926.79$ 4.2 Request utlity company as builts 0 1 3 0 0 0 0 4 177 258 53 487.95$ Reimbursable expenses - see breakdown for details 500.00$ 0 1 5 3 3 0 0 12 513 748 154 1,914.74$ Work Element 5 - Stormwater Design* 5.1 Compile and review existing data 0 6 8 0 0 0 2 16 704 1,026 211 1,940.44$ 5.2 Stormwater requirements evaluation 0 4 16 0 0 0 0 20 868 1,266 260 2,394.43$ 5.3 Perform Alternative Analysis 2 8 24 0 0 0 0 34 1,545 2,253 464 4,261.57$ 5.4 Hydrologic and hydraulic modeling 0 8 20 0 0 0 0 28 1,255 1,830 376 3,460.98$ 5.5 Evaluate Pre-Treament Capacity 0 4 12 0 0 0 0 16 708 1,032 212 1,951.81$ 5.6 Stormwater technical memorandums 2 8 24 0 0 0 4 38 1,632 2,379 490 4,500.18$ Reimbursable expenses - see breakdown for details 150.00$ 4 38 104 0 0 0 6 152 6,712 9,784 2,013 18,659.42$ Labor Hour Estimate Task Totals Task Total Task Total Description Task Total Task Total City of Edmonds Page 1 of 2 KPG 1/9/2014 Packet Page 223 of 317 EXHIBIT BHOUR AND FEE ESTIMATE Project:City of Edmonds 238th Street SW Walkway with Stormwater Project Total Fee Proj Engr Design engr Senior Project Sen. Urb DesLandscape Survey Task Engineer Manager Proj. Surveyor Surveyor crew Technician Clerical Direct Overhead Profit Effective multiplier 64.90$ 56.56$ 40.13$ 34.62$ 50.65$ 28.85$ 21.63$ Hours Labor Cost 145.78%30%2.7578 Labor Hour Estimate Description Work Element 6 - Environmental 6.1 Classification Summary/Exclusion 0 0 0 0 0 0 0 0 0 0 0 -$ 6.2 No Effect and Essential Fish Habitat 0 0 0 0 0 0 0 0 0 0 0 -$ 6.3 SEPA Checklist 0 2 2 0 0 4 0 8 309 450 93 851.53$ Reimbursable expenses - see breakdown for details 2,971.32$ 0 2 2 0 0 4 0 8 309 450 93 3,822.85$ Work Element 7 - Community & Agency Coordination 7.1 Provide meeting minutes & action items 2 8 10 286 417 86 789.17$ 7.2 Coordinate project meeting w/ utility co 6 2 8 383 558 115 1,055.19$ 7.3 Attend & assist 1 open house event 4 3 2 3 12 596 869 179 1,643.87$ 7.4 Prepare roll-plots, cross section exhibits for open houses 1 5 10 16 546 795 164 1,504.89$ 7.5*Community Outreach - Storm 4 12 7 12 35 1,565 2,282 470 4,317.05$ Reimbursable expenses - see breakdown for details 375.00$ 8 24 14 0 0 25 10 81 3,376 4,921 1,013 9,685.17$ Work Element 8 - Right-of-Way Calculations 8.1 Research records 0 0 4 0 0 0 0 4 161 234 48 442.63$ 8.2 Calculations for ROW lines 0 0 10 0 0 0 0 10 401 585 120 1,106.57$ 8.3 Incorporate existing ROW into base map 0 0 0 6 0 0 0 6 208 303 62 572.85$ Reimbursable expenses - see breakdown for details 300.00$ 0 0 14 6 0 0 0 20 769 1,122 231 2,422.04$ Work Element 9 - Final Design 9.1 50% Design, Plans and Estimate 3 16 40 60 0 60 6 185 6,643 9,684 1,993 18,319.07$ 9.2*Storm and Overlay - 50% Design, Plans/Estimate 3 16 40 52 0 42 5 158 5,825 8,491 1,747 16,063.50$ 9.3 90% PS&E 5 23 50 80 0 75 10 243 8,781 12,801 2,634 24,217.01$ 9.4*Storm and Overlay - 90% PS&E 5 22 40 76 0 69 6 218 7,925 11,554 2,378 21,856.59$ 9.5 Construction Docs - PS&E 3 11 40 55 0 45 6 160 5,754 8,388 1,726 15,868.35$ 9.6*Storm and Overlay - Cons Docs - PS&E 3 11 30 50 0 35 3 132 4,826 7,036 1,448 13,309.83$ Reimbursable expenses - see breakdown for details 1,500.00$ 22 99 240 373 0 326 36 1,096 39,754 57,954 11,926 111,134.35$ Work Element 10 - Assistance During Bidding 10.1 Addenda and Respond to bidders questions 2 4 8 8 0 8 8 38 1,358 1,979 407 3,744.65$ Reimbursable expenses - see breakdown for details 45.00$ 2 4 8 8 0 8 8 38 1,358 1,979 407 3,789.65$ Local Funds 15 87 214 178 0 146 20 660 25288.03 36864.89 7586.409 $81,654.60 70 204 404 414 31 371 78 1572 60585 88321 18176 $173,973 Management Reserve (5%)$8,698.64 Total Estimated Fee $182,671.44 Task Total Task Total Task Total Task Total TOTAL HOURS AND ESTIMATED FEE Task Total City of Edmonds Page 2 of 2 KPG 1/9/2014 Packet Page 224 of 317 EXHIBIT B HOUR AND FEE ESTIMATE Project:City of Edmonds 238th Street SW Walkway with Stormwater Project 0 Reimbursable Breakdown Work Element 1 - Project Management Mileage 200.00$ Reproduction 50.00$ Task 1 - Total 250.00$ Work Element 2 - Quality Control/Quality Assurance Mileage -$ Reproduction 50.00$ Task 2 - Total 50.00$ Work Element 3 - Mapping Mileage 150.00$ Reproduction -$ Potholing Allowance 600.00$ Task 3 - Total 750.00$ Work Element 4 - Utility Mapping Mileage -$ Reproduction -$ Potholing Allowance 500.00$ Task 4 - Total 500.00$ Work Element 5 - Stormwater Design* Mileage 100.00$ Reproduction 50.00$ Task 5 - Total 150.00$ Work Element 6 - Environmental Mileage -$ Reproduction -$ Landau Associates - 238th SEPA 2,971.32$ Task 6 - Total 2,971.32$ City of Edmonds Page 1 of 2 KPG 1/9/2014 Packet Page 225 of 317 EXHIBIT B HOUR AND FEE ESTIMATE Project:City of Edmonds 238th Street SW Walkway with Stormwater Project 0 Reimbursable Breakdown Work Element 7 - Community & Agency Coordination Mileage 75.00$ Reproduction 300.00$ Task 7 - Total 375.00$ Work Element 8 - Right-of-Way Calculations Mileage -$ Reproduction 300.00$ Task 8 - Total 300.00$ Work Element 9 - Final Design Mileage 500.00$ Reproduction 1,000.00$ Task 9 - Total 1,500.00$ Work Element 10 - Assistance During Bidding Mileage 20.00$ Reproduction 25.00$ Task 10 - Total 45.00$ Reimbursable Subtotal 6,891.32$ Administrative fees on reimbursables (0%)-$ TOTAL REIMBURSABLES 6,891.32$ City of Edmonds Page 2 of 2 KPG 1/9/2014 Packet Page 226 of 317 I- 5 HW Y 9 9 76 t h A v e W Ed m o n d s W y Main St O ly mpic View Dr Pine St 196th St SW N 205th St/244th St SW 66 t h A v e W 9t h A v e N 84 t h A v e W 220th St SW 88 t h A v e W 68 t h A v e W 212th St SWBowdoin Wy Dayton St 1 0 0 t n A v e W 208th St SW 74th Ave W T a l b o t R d 3r d A v e S Puge t Dr 5t h A v e S Ol y m p i c A v e 200th St SW Lund's Gulch Rd 80 t h A v e W Ti m b e r L n 224th St SW 95 t h P l W 3rd A v e N Casper St 7 5 t h P L W 168th St SW 96 t h A v e W 7 2 n d A v e W M eado wdale Rd Sun s e t A v e N Ma p l e w o o d D r 2 3 1 s t St SW 206th St SW Meadowdale Beach Rd 8 3 r d A v e W 240th St SW 7 4 t h A v e W 66 t h A v e W 80 t h A v e W C I T Y O F E D M O N D S C I T Y O F E D M O N D S May 3, 2012 0 2,000 4,000 6,000 8,0001,000 Feet ¯ 1 in = 3,071 f￿ 2 3 8 T H S T S W 2 3 8 T H S T S WW a l k w a y I m p r o v e m e n t s W a l k w a y I m p r o v e m e n t s Proposed Sidewalk City of Edmonds City of Lynnwood City of Mountlake Terrace 2 3 8 t h S t S W 2 3 8 t h S t S W TE N N I S CO U R T S PAR K IN G OLD WO OD WAYH.S. FO O TB AL LFIEL D SA LE MLU TH ER NCH U RC H HIC KMAN PAR K FO RE ST G LEN KL A H A Y A P O O L BA SE B AL LFIEL D PA R K I N G GY M SH O P 1 T O 6 BOILE R AR T & S C I E N C E 7 T O 2 2 KIT COMM LIB RA RY 23 TO 42 43 T O 6 0 OFFICE 98089810 WO OD WAYELE M. BALLFIE LD PAR K IN G 9300 MA DR ON A SCHO O L BALLFI ELD TR AC K 9329 9325 V9327U9331T 23 9 0 2 FA I T H C O M M U N I T Y CH U R C H CE MET ER Y 2 32N D S T S W 1 0 4 T H A V E W 9 7 T H P L W 9 7 T H A V E W 2 3 7 T H P L S W 10 1 S T A V E W 240 TH P L S W F I R D A L E A V E R O B BE R S R O O S T/2 35T H PL SW 9 9 T H P L W 9 3 R D A V E W N O TT IN G H AM LA N E 1 0 2 N D A V E W 9 6 T H P L W 1 0 1 S T P L W 240T H S T A L A N A D A L E P L 233R D S T SW L I T T L E 239TH ST SW 237TH PL SW 234 TH P L 237 TH P L S W 23 8TH S T SW 9 7 T H P L W 9 2 N D A V E W 236T H S T S W 23 4TH S T SW94TH P L W 9 9 T H P L W 23 5TH P L 23 6TH P L 9 7 T H P L W 2 38T H ST S W 9 6 T H P L W J O H N C T R O BIN H O O D D R 9 4 T H P L W 9 7 T H P L W 24 0TH P L S W FRIAR TU C K L N R O B I N H O O D D R 1 0 1 S T P L W 10 1 S T A V E W 1 0 0 T H A V E W 1 0 2 N D P L W 1 0 0 T H A V E W 1 0 6 T H P L W 236 TH P L S W 235T H S T S W 24 0TH S T SW 236T H S T S W 236T H P L 1 0 1 S T P L W 23 5TH P L 9 1 S T A V E W 9 5 T H P L W 240T H PL S W 9 4 T H A V E W 9 6 T H A V E W 2 40T H PL 9 8 T H P L W 1 0 1 S T A V E W 9 2 N D A V E W N e w S i d e w a l k N e w S i d e w a l k 0 520 1,040 1,560 2,080260Feet Old Woodway HS WoodwayElementary Packet Page 227 of 317    AM-6489     2. D.              City Council Committee Meetings Meeting Date:01/14/2014 Time:10 Minutes   Submitted For:Council President Buckshnis and Councilmember Petso Submitted By:Jana Spellman Department:City Council Committee: Public Safety, Personnel Type: Potential Action Information Subject Title Discussion and potential action regarding modifying or terminating Sunset Walkway Project Recommendation Prepare presentation for full Council. Previous Council Action November 15, 2011 Council Meeting:  This item was discussed (minutes attached). June 4, 2013 Council Meeting:  This item was discussed (minutes attached). December 3, 2013 Council Meeting:  This item was discussed (minutes attached). Narrative The Committee is requested to consider issues and ideas raised by the public regarding the Sunset walkway project including, but not limited to, the following: (A)  Use of public funds on BNSF property. (B)  Use of grant funds on BNSF property. (C)  Design alternatives including but not limited to:  1.  Varying the width of the multi-use path. 2.  Making the path a pedestrian only sidewalk for all or part of the route. 3.  Moving the path to the east. 4.  Expanding the right-of-way on the east side. 5.  Using a robust path on the south end of the project only and crossing to the east side for the narrow section.       Fiscal Impact Fiscal Year:Revenue:Expenditure: Packet Page 228 of 317 Fiscal Year:Revenue:Expenditure: Fiscal Impact: Potential additional design expenditure. Attachments Wash Utilities & Transportation Commission 2001 Document 11-15-2011 Budget Amendment Agenda Memo re Sunset Walkway 11-15-2011 Approved City Council Minutes 6-4-2013 Approved City Council Minutes Resolution 1291 12-3-2013 Approved City Council Minutes Proposed Plans Proposed Cross Sections Form Review Inbox Reviewed By Date Engineering Robert English 01/09/2014 03:42 PM Public Works Phil Williams 01/09/2014 09:27 PM City Clerk Scott Passey 01/10/2014 09:53 AM Mayor Dave Earling 01/10/2014 02:45 PM Finalize for Agenda Scott Passey 01/10/2014 02:45 PM Form Started By: Jana Spellman Started On: 01/09/2014 08:20 AM Final Approval Date: 01/10/2014  Packet Page 229 of 317 39 SERVICE DATE JAN 0 9 2D01 BEFORE T`HE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, BURLINGTON NORTHERN RAILROAD COMPANY and THE NATIONAL RAILROAD PASSENGER CORPORATION, for Modification of Order regulating the Speed of Passenger and Freight Trains in Edmonds, Washington DOCKET NO. TR-940288 ORDER GRANTING MOTION TO MODIFY PRIOR ORDER; DENYING MOTION TO RESCIND PRIOR ORDER Synopsis: The Commission in this Order grants a request to modify a prior order and approves in principle an agreed proposal by the parties. The result is substitution of a natural (vegetation) barrier for a fence previously ordered by the Commission as a condition to increasing train speed through a portion of the City of Edmonds. The Commission rejects a request by the railroad and the state Department of Transportation that the Commission rescind the eazlier order for lack of jurisdiction. Procedural History This docket was originally brought on by the request of three petitioners -- the railroad (now the Burlington Northern Santa Fe Railroad, or BNSF), the state Department of Transportation (WSDO'1~, and the National Railroad Passenger Corporation (AMTRAK) -- to increase the speed limit for trains through the City of Edmonds, Washington. AMTRAK was not represented in this request for modification or rescission. The Commission ordered in April, 1995, in this docket that the train speed petition should be granted. It also found the existence of unique local conditions and approved a request by the City of Edmonds to require fencing at two locations to prevent trespassing as a condition of the speed increase.l On August 30, 2000, the petitioners asked the Commission to rescind or modify the order, asking that the Commission allow the parties to substitute a natural vegetation barrier for the fencing required in the prior order. The City filed a request to join the ' "Fences should be constructed on the bluff parallel to Sunset Avenue and the parking area on Ocean Avenue." Commission Decision and Order of April 12, 1995, Page 8. Packet Page 230 of 317 ~Oi DOCKET NO. TR-940288 PAGE 2 petition on the following day, asking that the Commission reopen the proceeding and modify the prior order to allow the natural barrier. The Commission convened a prehearing conference on October 26, 2000, before Administrative Law Judge C. Robert Wallis at which the parties made representations of fact and arguments of law, accepted the opportunity to file additional arguments, and agreed to submit the matter directly to the Commission on the pleadings, the transcript of the prehearing conference, and the prior record. The parties appeared as follows: Burlington Northern Santa Fe, by Robe Walkley, attorney, Sammamish; Washington State Department of Transportation, y Jeff Stier, asst. attorney general, Olympia; City of Edmonds, by W. Scott Snyder, Ogden, Murphy, Wallace, Seattle; Teresa Vehey, intervenor, by Bradford Cattle, attorney, Everett; and the Washington State Utilities and Transportation Commission, by Jonathan Thomas, asst. attorney general, Olympia. Background The Commission has twice rejected or conditioned an increase of train speeds within the City of Edmonds, Washington, because of unique local circumstances at the site. 8 In 1990, the Commission denied an AMTRAK petition to increase speeds at this location, citing unique local circumstances rendering the increased speed a hazard. In its July 23, 1990 Commission Order in consolidated dockets TR-2311 and TR-2248, the Commission stated, Edmonds is a major Puget Sound port. Over 8.3 million gallons of refined fuel are delivered monthly by tankers to the Edmonds terminal dock. The second-largest ferry terminal in state, used annually by more than one and one-half million passengers, is in the City of Edmonds. Over 800 private boats are moored at the Edmonds Marina, and over 200,000 people per year use Edmonds waterfront facilities, including beaches and fishing piers. Members of the public use the beach area in Edmonds next to the track and north of the ferry dock .... The azea is not, for the most part, a public area. However, public use is substantial, numbering in the hundreds each day during nice weather. People generally gain access to this area by crossing the tracks. In addition, people using the beach may be trapped by a high tide and are forced to walk along the tracks to return to town. .. . Packet Page 231 of 317 DOCKET NO. TR-940288 PAGE 3 Just south of MP 18 is Bracketts Landing, a public beach and underwater park which is heavily utilized. ... A fence sepazates the park from the railroad right of way, although some trespassing still occurs there. The Washington State Ferry dock is south of the park. The ferry holding lanes are one block from the railroad track, and the traffic signals and the dock axe coordinated with the train signals. Nearly all ferry traffic uses the Main Street railroad crossing. The Amtrak depot, at which passenger trains stop, is just north of MP 17.50. Across the tracks, on the waterfront, is another commercial complex, developed with public funds. Also in that area is a public fishing pier and restaurants, as well as public beaches. These waterfront amenities are on Port of Edmonds's property. The initial order in this docket references the provisions quoted above. Summarizing, the initial order notes that, This record shows that the Edmonds waterfront, separated from the rest of town by the railroad tracks that run right along the shoreline, is still a hub of activity for the City. The Edmonds-Kingston ferry terminal is a point of departure and arrival for hundreds of passengers each day, all of whom must cross the railroad tracks. There are restaurants, an underwater dive park, a senior center, and many other facilities along the waterfront, all on the west side of the tracks, while the main part of town is to the east of the tracks. 10 The initial order in this docket found that the Commission had jurisdiction to entertain the issue, and proposed to grant the speed increase request. The City of Edmonds sought administrative review of the initial order, asking that the speed increase be conditioned on construction of fences to restrict pedestrian access to tracks. The Commission agreed and imposed the condition. 11 The parties have asked that the matter be reopened under RCW 80.04.200, Rehearing before commission. They have recounted a history of litigation involving the fencing requirement — a shoreline application for authority to build a fence was litigated to a judicial decision approving the application by neighbors who believed that the fence would impede. their view. The parties in this matter disclose that an alternative to a fence has been agreed to by property owners near one of the proposed locations of the fence, as well as by the City, by the railroad, and by the Commission Staff. lZ The parties ask approval of the natural barrier alternative, in lieu of the fence . mandated in the Commission order. BNSF, joined by the state Department of Transportation, also asks the Commission to find that the Commission has no authority under federal law to decide the question, and to rescind the order. Packet Page 232 of 317 ~2 - DOCKET NO. TR-940288 PAGE 4 The Petition to Reopen and Modify the Prior Order 1,~ The parties ask reopening, in summary, because relevant parties have agreed that at one of the locations noted for barriers a natural barrier will likely be more effective than would a barrier engineered and constructed by humans.2 A natural barrier, the parties urge, would also be less visually intrusive than a fence. ~q The Commission grants the request. We may take administrative notice of the commonly known fact in western Washington that certain natural flora, such as blackberry bushes, can be substantially more effective at impeding access than most fences of human construction. We do note that in the initial order in this docket the Administrative Law Judge found that existing vegetation —which included thorned berry bushes —was insufficient to impede pedestrian traffic. We trust. and require that the parties will monitor the effectiveness of the barrier and will maintain it in a manner that will in fact prevent pedestrian access. The interest that the Commission acted in its order to protect was a reduction of the risk of injury and death to pedestrians in unique circumstances. The Commission accepts the parties' proposal, which is agreed to be a reasonable and effective approach to accomplishing the goal of reduced risk. /S 16 r4. Bamers are required at two locations. The parties may, at their option, install a natural barrier at both locations. The railroad, the CiTy, and the intervenor Verhey have entered a, stipulation agreeing to the substitution of the term "fencing or vegetative barriers reasonably designed and installed to discourage trespass" for the term "fences" in the earlier order. The Commission declines to accept the stipulation. Other patties were not signatories and their absence raises questions. In addition, while not expecting the parties to be insurers and while understanding that people can overcome any barrier, the term "discourage" is less emphatic than the Commission believes appropriate. The Motion to Rescind the Prior Order BNSF and the Department of Transportation ask the Commission to rescind the prior order and dismiss this proceeding on the basis that federal law preempts state jurisdiction. The railroad cites 49 U.S.C. Sec. 20106, et seq. and 49 CFR Part 213.9. The Department of Transportation supports the railroad in its motion. 18 Among other things, the petitioners contend that the Federal Railroad Administration (FRA) clarified after the final order in this docket that local speed regulations are Z The parties were free in their praise of the railroad for developing the natural barrier proposal; the Commission also commends the railroad for creative thinking and the parties for their cooperation. Packet Page 233 of 317 y3 DOCKET NO. TR-940288 PAGE 5 presumptively improper, that difficulty in securing permits which have already been granted was an unforeseen injurious result of the order, and that facts found in the 1990 order have no relevance to this docket. jg Commission Staff opposes the rescission request. First, Staff notes that the law by its very terms provides for state review and action in the event of "essentially local safety hazards."3 Commission Staff cites judicial authority4 defining rather broadly the "essenrially local" exemption from federal preemption. Zp The Commission declines to rule that it has been deprived of jurisdiction to address this matter at all. First, the issue of jurisdiction was clearly decided earlier in this docket.5 The petitioners bring no intervening change in circumstances to the Commission's attention that would alter its consistent prior analysis. A case they cite, CSX Transportation v. Easterwood, 507 U.S. 658 (1993), was decided a year before the entry of the Commission final order. They also cite to FR.A interpretations of the law made after entry of the Commission order. Even if the FR.A analysis were applied retroactively, the Commission believes that the local circumstances supporting the decision in this docket are sufficient to overcome a presumption against local authority. 21 Second, the department of transportation challenges the facts found in this initial and final orders in this docket. The parties had ample opportunity to contest the factual basis for the final order in this docket and failed to do so. Challenges aze cleazly inappropriate at this juncture. The nature of the facts found by the administrative law judge and the derivation of references to the prior order clearly indicate the continued existence of prior circumstances. Rehearing is an opportunity to address changed circumstances, not to relitigate matters that could and should have been litigated r` earlier. See, RCW 81.04.200.;Y*_.,µ: '~.3x; 22 Third, the Washington statutes give the Commission the responsibility to establish~~ speed limits in cities and towns and at railway-highway crossings at grade. RCW 81.48.030 and -.040. This is a matter important to the public health, safety, and 'k 3 49 U.S.C. 20106. ~~,* 4 The case is In the Matter of the Speed Limit for the Union Pacific Railroad through the Ciry of '~ Shakopee, State of Minnesota, 610 N.W.2d 677 (Minn. Ct. App., May 2000). The railroad argues that `~-`~ it is not ersuasive because it is a state and not a federal decision, but cites no federal decisions to the~' P contrary. There, as here, a combination of factors that might individually be commonplace rendered '; ~ the situation an essentially local safety hazard. :~ "''' S Mr. Walkley argued at the prehearing conference that the matter of jurisdiction was not addressed in '' the final order. While the Commission's jurisdiction to decide the matter was stated in the final order, parties' arguments were discussed in the initial order and resolved against challenges to jurisdiction. ~'7w:: ' No party raised the jurisdictional issue in seeking administrative review of the initial order. The issue1; therefore was decided in this docket and appears to be foreclosed from consideration at this time. Packet Page 234 of 317 DOCKET NO. TR-940288 PAGE 6 welfare. RCW 81.48.040. We should not lightly choose to decline that responsibility because the safety of the public of the state may depend upon our decisions. 2,? The federal law itself specifically provides for local decisions when needed to deal with essentially local safety hazards. We recognize the limited nature of such local circumstances, and do not lightly find that essentially local safety hazards have been shown. That is a different matter, however, from saying we aze preempted from all jurisdiction as a matter of law. Our prior decisions regarding this law in effect hold that the Commission has jurisdiction to determine whether unique circumstances exist and, upon an affirmative answer to that question, to address those circumstances. Zq The Commission in entering its order in this docket acted responsibly and only to the extent necessary to address the unique local circumstances. The circumstances associated with the track in question are not a single factor that commonly occurs, as the railroad contends, but involve a number of factors that, in combination, demonstrate a uniquely site-specific circumstance. The circumstances include the existence of double main line track, a nearby rail curve, the separation of busy and attractive public facilities from the population they serve by the track, the lack of parking facilities at the site of the waterfront facilities, forcing a large population to walk between vehicles on one side of the tracks and the attractions on the other side; and a history of accidents and incidents at the site.6 25 The Commission found in light of all of those risk factors that the circumstances of this location are unique and justify Commission action. The Commission took only the action least intrusive on the operation of the railroad — it did not set a lower speed limit —but it did at the City's request take action that was necessary to protect the public by imposing a condition to mitigate the risks. Conclusion 26 The Commission finds that a natural vegetation barrier, as proposed by the parties to this proceeding will, if properly monitored and maintained, be no less effective as a condition to increased train speeds than the fence previously ordered. The Commission concludes from that finding that the proposed natural barrier will adequately protect the public and that its construction will adequately protect the public health and safety and will satisfy the condition imposed by the Commission on increasing train speeds at the Edmonds, Washington location that is the subject of this proceeding. The .Commission orders, therefore, that the prior order be modified pursuant to RCW 80.04.210 to provide that construction and maintenance of natural barriers as described will satisfy the conditions imposed in the prior order, and that 6 The initial order cites ten accidents or other incidents at the location in the five years prior to the hearing. Packet Page 235 of 317 ~~~ DOCKET NO. TR-940288 PAGE 7 upon the completion and acceptance of natural barriers, train speeds may increase pursuant to the original request. The Commission declines to rescind its prior order, ruling that it does have jurisdiction to address unique local circumstances affecting train speed and to impose appropriate conditions on train speed increase requests in light of essentially local safety hazards. ORDER 27 The Commission grants the request to modify the earlier Commission order. That order is hereby modified; construction of natural barriers consistent with the evidence and representations in this reopened matter, including the regular monitoring and maintenance of such barriers, will deter access to the rail right of way by trespassers at least as effectively as a fence and will satisfy the conditions imposed by the Commission for action prior to increase of train speed through the City of Edmonds, Washington. 28 The Commission denies the request that the Commission rescind the prior order in this docket and rules that it does have jurisdiction to address the issues. DATED at Olympia, Washington and effective thisl~'day of January, 2001. WASHINGTON UTILITIES AND TRANSPORTATI COMMISSION /~ //~~.i MARZL`f N SI~OWALTE irwoman k RICHARD HEMSTAD, Commissioner NOTICE TO PARTIES: This is a final Order of the Commission. In addition to judicial review, administrative relief may be available through a petition for reconsideration, filed within 10 days of the service of this Order pursuant to RCW 34.05.470 and WAC 480-09-810, or a petition for rehearing pursuant to RCW 80.04.200 or RCW 81.04.200 and WAC 480-09-820(1). Packet Page 236 of 317    AM-4369     6.              City Council Meeting Meeting Date:11/15/2011 Time:15 Minutes   Submitted For:Roger Neumaier Submitted By:Debra Sharp Department:Finance Review Committee: Finance Committee Action: Recommend Review by Full Council Type:  Information Subject Title 2011 November Budget Amendment. Recommendation from Mayor and Staff Approve the November 2011 Budget Amendment Previous Council Action November Finance Committee Narrative The budget amendment was reviewed by the Finance Committee on November 7th.  During the committee meeting a few additional items were addressed and are at the end of the budget amendment.  The items added were a reduction to interfund transfers from both the Multimodal Fund and the Utility Fund to the General Fund, a reduction to both REET 1 and REET 2 revenue forecast for 2011 and finally the additional funds requested by the Edmonds Center for the Arts.  The committee also wanted to review adding the General Fund and Street Fund B-Fund contribution back into the 2011 budget.  There are two ordinances attached, one with the B-Fund contribution and one without. The Finance Committee also questioned a few of the capital project amendments.  Additional notes were added or the narrative clarified in the following three budget amendments - Fund 116 Additional Expenditures, Re-allocate funds for capital projects, and the Sunset Walkway Project.  The remainder of the budget amendment is unchanged. The first section of the budget amendment includes expenditure increases that are offset by grant revenues. There are four requests by the police department to increase their overtime expense due to grant funded special enforcement programs. The final grant reimbursement is related to the final energy efficient vehicle. The grant revenue was recorded into the General Fund and needs to be transferred to the Equipment Rental Fund where the vehicle was purchased. The next section of the budget amendment relates to items that have previously been before Council. Council approved the purchase of the Karlston Property on March 1, 2011. A motion to appropriate funds was made at that time. The second item was a motion made during the budget process last December to approve traffic calming devices funded by a transfer from the General Fund. A budget was added to the Packet Page 237 of 317 Street Construction Fund but the transfer from the General Fund to the Street Construction Fund was not part of the adopted budget.  The final section of the budget amendment includes new items. The majority of these items relate to the construction funds but there are a few General Fund amendments that will change ending fund balance. First there is a budget amendment to reduce the appropriated budget for the compensation consultant in 2011. There will be a request to reappropriate the funds in 2012. The second item is an increase for hydrant costs. The General Fund is required to reimburse the Utility Fund for actual costs paid from the utility for hydrant work. There is also a request for a budget amendment that relates to merchant bankcard fees due to a change in process that was addressed at the end of 2010. The departments have budgeted for these costs in 2012. Attachments 2011 November Budget Amendment 2011 November Budget Amendment with B-Fund Contribution Form Review Inbox Reviewed By Date Finance hunstock 11/09/2011 03:44 PM Finance hunstock 11/09/2011 03:44 PM City Clerk chase 11/10/2011 08:55 AM Community Services/Economic Dev.Stephen Clifton 11/10/2011 10:11 AM Finalize for Agenda chase 11/10/2011 10:21 AM Form Started By: Debra Sharp Started On: 11/09/2011 01:00 PM Final Approval Date: 11/10/2011  Packet Page 238 of 317 Edmonds City Council Approved Minutes November 15, 2011 Page 8 Clerk’s Office, he was inclined not to add to the barebones budget. He preferred to continue to squeeze whatever possible from the annual appropriations and have funds leftover at the end of the year if possible. Mayor Cooper explained the Governor plans to propose cuts to the State budget next Monday and the Council is scheduled to adopt the budget on Tuesday. Depending on what the legislature adopts as a result of their special session, the City could lose over $250,000 next year due to the Governor’s plans to pursue capturing the liquor profit dollars from cities, a reduction of approximately $500,000 a year. The Governor’s proposal is to make some of the reductions in the liquor profits in June/July 2012. The numbers in the preliminary budget and the Executive Summary do not include any cuts the legislature may approve in the special session or the 2012 legislative session. He summarized it appears the Governor and legislature are inclined to balance the state’s budget on the backs of cities and counties. Council President Peterson agreed with Councilmember Bernheim’s comments but supported the amendment for the records management system and upgrades to the EDEN software. He pointed out one of the Council’s biggest frustrations has been financial reports; it is important to upgrade that system to make the information more readily available. He concluded although the budget is tight, those are wise expenditures. Council President Peterson requested Councilmembers submit amendments so that they can be included in next week’s packet. 6. 2011 NOVEMBER BUDGET AMENDMENT Finance Director Shawn Hunstock explained page 278 of the Council packet contains a summary of the effect of budget amendments on the adopted budget by fund. The sum of all the budget amendments results in a decrease in revenue of $45,000 and an increase in expenses of $364,000 for a total change to the General Fund of $410,000. The Council packet contains two versions of the ordinance, one that includes the B Fund contribution and another that does not include the B Fund contribution. Council President Peterson asked Mr. Hunstock to comment on the benefit of funding the B Fund in 2011. Mr. Hunstock explained the City’s budget is currently projected to have a surplus at the end of 2011 of approximately $600,000. That will be impacted by the amendments in this ordinance. The Council can choose to use some of the current year surplus to fund the B Fund contribution. The City can generally get by for two years without funding the B Fund contribution; any longer than that impacts the actual replacement of vehicles and equipment. The 2012 budget does not have funding for the B Fund contribution. If the B Fund contribution were funded in 2011, the Council could choose not to make the contribution in a future year. Councilmember Bernheim asked the deadline for adopting the budget amendment. Mr. Hunstock answered it must be adopted by the end of the year. Councilmember Petso inquired about the $600,000 surplus that could be used to fund the B Fund contribution. Mr. Hunstock advised the estimate in the preliminary 2012 budget projected a surplus for 2011 of $680,000. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO ADOPT ORDINANCE NO. 3857, THE VERSION THAT INCLUDES MAKING THE B FUND CONTRIBUTION, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3831 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Packet Page 239 of 317 Edmonds City Council Approved Minutes November 15, 2011 Page 9 Council President Peterson was confident the amendment had been vetted by the Finance Committee. It is appropriate to fund the B Fund contribution this year while the funds are available and give the City a little breathing room while the economy stabilizes. He was hopeful the B Fund contribution could be made again at the end of 2012. Councilmember Petso provided assurance the Finance Committee reviewed the amendment in detail at their meeting last week. Some of the Finance Committee’s suggestions were incorporated into the amendment. She was satisfied everything in the amendment had been approved by the Council, intended or was required to reflect reality over the course of the year. THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 7. CHANGE ANIMAL BENEFIT FUND TO AN ANNUAL APPROPRIATION. Finance Director Shawn Hunstock explained this ordinance amends Edmonds City Code Chapter 5.05 that established the Animal Benefit Fund. This was never established as a separate fund according to accounting definition; it was set up as an account within the General Fund. There is approximately $3,500 in the account. The ordinance closes that out into fund balance and it becomes part of the City’s reserves. One of the adjustments to the 2012 budget is an annual $300 appropriation to fund the intent of the Animal Benefit Fund. There has been no use of the fund this year other than a reimbursement last week of approximately $50. It may be used more often if residents were aware it was available and if necessary the appropriation could be increased beyond $300/year. Councilmember Plunkett asked how the fund reached this dollar amount. Mr. Hunstock responded the amount originally appropriated receives interest each year. The minimal use of the original amount has been offset by interest and the total amount has not changed over time. Councilmember Plunkett asked whether the original funds were donations. Mr. Hunstock was not certain. If that is the case, a fund could be created via a 2012 budget amendment. Councilmember Plunkett recalled himself and 5,000 people over the objection of the City Council created a fund to assist with spay and neuter of animals. He created a political action committee to run a campaign to gather the 5,000 signatures on a petition. He thought the remaining money from that fund was placed in the Animal Benefit Fund. It was his impression the fund would generate interest and be self-sustaining. The intent of the funds was to offset the cost of spay/neuter of a pet that could be adopted at that time for approximately $20. The cost to adopt a pet now is approximately $100 because the shelter must provide medical care and have it spayed/neutered. Councilmember Plunkett asked whether $300/year would be sufficient. Mr. Hunstock answered $300 is a good initial estimate. There has been no use of the fund this year until last week. If use of the funds increase in the future, a budget amendment can be proposed in 2012 to increase the amount. Councilmember Plunkett trusted the Council to recognize this is as a worthy cause and to provide additional funds if necessary. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADOPT ORDINANCE NO. 3858, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE ANIMAL BENEFIT FUND PROVISIONS OF ECC 5.05.127.2; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. MOTION CARRIED UNANIMOUSLY. Packet Page 240 of 317 Edmonds City Council Approved Minutes June 4, 2013 Page 12 agreed that the City was prohibited from imposing larger buffers, notwithstanding the built environment. From a practical standpoint, the reality is if extremely large buffers are imposed in an area that is already developed, the end result will be a perpetuation of the existing use forever because it will be the most economic use of the property. No one will ever want to redevelop as redevelopment will not pencil out because it will result in the loss of currently usable property. It may be more effective to achieve restoration via an incentive program for redevelopment rather than imposing a huge buffer on the property that already includes a great deal of developed landscape. Councilmember Fraley-Monillas asked if the impervious pavement at Harbor Square represented the footprint. Mr. Lien answered yes, for the most part. He identified areas that are within the setbacks and buffers on an aerial image. For Councilmember Fraley-Monillas, Mr. Lien clarified the current footprint is all the impervious surface. Councilmember Johnson asked about the sequencing of the Comprehensive Plan update and the SMP as it relates to options for Harbor Square redevelopment. Mr. Lien answered there are two important issues with regard to how the SMP update relates to Harbor Square, 1) the buffer setback area, and 2) the Urban Mixed Use III environment. One of the reasons the Urban Mixed Use III environment was proposed rather than one of the existing Mixed Use environments was the Port’s consideration of residential development. It also addresses 4-5 other office/residential parcels north of Main Street. As the City considers moving forward with the Harbor Square Master Plan and has to move forward with the SMP, the biggest issue is residential development and whether to allow it long term on this site. The City must act on the SMP this year; Harbor Square may take longer. Mayor Earling summarized further discussion will be scheduled on a future agenda. 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON IN STRONG SUPPORT OF A 2013 TRANSPORTATION INVESTMENT PACKAGE. Public Works Director Phil Williams explained topics for the State special legislative session include balancing the operating budget and a statewide transportation funding package that will provide additional funding opportunities for the State, WSDOT and local governments. The package is evolving; there are currently a number of projects that would directly and indirectly benefit Edmonds. There are two specific capital projects for which bonding would be issued, 1) $700,000 for a walkway on Sunset Avenue, and 2) $10 million to begin the plan and fund the first phase of access, safety, and mobility improvements on Highway 99. Another key feature of the transportation package is a proposed increase in the State gas tax of $0.10 over a 4 year period, $0.05 the first year, $0.02 the second and third years, and $0.01 the fourth year. This would provide a substantial amount of funding for State and local projects. Edmonds would receive an additional approximately $140,000; the City currently receives approximately $900,000 from the State gas tax. Councilmember Buckshnis inquired about BNSF with regard to the Sunset project. Mr. Williams answered he had not given up hope of additional help from BNSF as the project proceeds into detailed design. If nothing changes the walkway can be built within the existing footprint of Sunset Avenue. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE RESOLUTION 1291, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, IN STRONG SUPPORT OF A 2013 TRANSPORTATION INVESTMENT PACKAGE. Councilmember Fraley-Monillas commented this has been a long time coming, particularly for Highway 99. She observed there were limited sidewalks on Highway 99 and asked if the proposed project would include sidewalks. Mr. Williams answered the intent would be to include pedestrian and bicycle amenities and bring the existing amenities up to ADA standards as well as solve numerous safety problems that Packet Page 241 of 317 Edmonds City Council Approved Minutes June 4, 2013 Page 13 exist on the corridor. It would be a huge and long project; this would be just the first phase. Councilmember Fraley-Monillas commented the first step is the right step for Edmonds. THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 12. MAYOR'S COMMENTS Mayor Earling reported flower baskets are being put up downtown. Next, he thanked the Council for confirming his appointment of Roger Neumaier as Finance Director and for approving the resolution in support of a 2013 Transportation Investment Package. 13. COUNCIL COMMENTS Councilmember Johnson reported the Rotary Waterfront Festival was a great community event. For the first time there was food recycling thanks to the work of Corrine Rubenkonig, the Waste Warriors and the City’s Recycling Coordinator Steve Fisher. She noted John Rubenkonig has been involved in recycling with the boy scouts for ten years. Councilmember Buckshnis thanked the Port of Edmonds and the boaters for allowing the Rotary to use the area for the Waterfront Festival. She thanked the citizens who contacted her and encouraged them to contact all Councilmembers. Councilmember Peterson expressed appreciation for the appointment of Roger Neumaier as the City’s Finance Director. He looked forward to working with him, noting he brings an incredible wealth of experience. He thanked Ron Cone for serving as the City’s Interim Finance Director. He also congratulated Snohomish County Executive Lovick on his appointment. He looked forward to new direction at Snohomish County and to working with Executive Lovick and the County Council on issues facing Edmonds. Council President Petso reported pursuant to Council direction she arranged a small meeting with Councilmembers Peterson and Fraley-Monillas, Port Commissioners Faires and Orvis, and Planning Board Member Phil Lovell. They had a lively discussion seeking commonality regarding the Harbor Square Master Plan and how to move ahead. There was not a lot of commonality and she planned to contact Councilmembers to discuss how to address the Harbor Square Master Plan issue in the future. She thanked the Councilmembers, Port Commissioners and Planning Board Member for their participation and opinions. Councilmember Yamamoto welcomed Roger Neumaier as Finance Director. He looked forward to working with him as the Chair of the Finance Committee. Councilmember Fraley-Monillas reported she was at the Waterfront Festival much of Friday. She thanked the Edmonds Police and Fire District 1 for their efforts to keep everyone calm and safe. She congratulated County Executive Lovick on his appointment and wished him the best. 14. CONVENE IN EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER PER RCW 42.30.110(1)(c), AND PENDING AND POTENTIAL LITIGATION PER RCW 42.30.110(1)(i). At 8:51 p.m., Mayor Earling announced that the City Council would meet in executive session regarding a real estate matter per RCW 42.30.110(1)(c) and pending and potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 10 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley- Packet Page 242 of 317 Packet Page 243 of 317 Packet Page 244 of 317 Packet Page 245 of 317 5. AUDIENCE COMMENTS Natalie Shippen, Edmonds, suggested Edmonds return to the sign code that kept the City tidy for many years; the first step would be to prohibit sandwich-board signs in the public right-of-way which was the rule in Edmonds for many years and still is in many cities. Exceptions to that rule would be a one-time 60 day period for new businesses to display a sandwich-board sign and possibly for special events. She suggested the signs require a permit and when the permit expires, the Planning Department notify the business they have five days to comply and impose a $50/day fine for each day of non-compliance. She summarized the sign code has a number of problems but this is the most critical. Ken Reidy, Edmonds, said the code rewrite is the biggest issue facing the City. Establishing a comprehensive, accurate, consistent and easy to administer City code is critical to the City’s efforts to provide a high level of government service that invites economic and other beneficial activities. He described the difference between the Edmonds City Code (ECC), also known as the Edmonds Municipal Code, that consists of Title 1-10 that address issues such as health, safety, finance, officials,, boards and commissions; and Edmonds Community Development Code (ECDC) that consists of Titles 15-23 that address building, planning, land use, public works, design and natural resources. Both parts of the code require update. He referred to discussion of Chapter 2.10 regarding confirmation and duties of City officers on tonight’s agenda, explaining the process began in 2012 and he spent over 100 hours researching this code section. He urged the Council to give the complex code rewrite the attention it deserved. Next, he relayed the State Board for Professional Engineers and Land Surveyors has established a precedent that it will take no corrective action against surveyors who produce preliminary plat maps that violate City of Edmonds standards. Therefore the City has a responsibility to careful review the accuracy of surveyors work. He offered to meet with Councilmembers to discuss this in more detail. 7. PUBLIC COMMENT AND DISCUSSION OF THE SUNSET AVE WALKWAY PROJECT Public Works Director Phil Williams explained the reasons for this project include view access, safety and accessibility. He displayed several photographs of the view from the west edge of Sunset Avenue, of people walking in the street and a bicycle riding the wrong way on Sunset Avenue to illustrate safety issues, and of the dirt path on the west side of the curb to illustrate accessibility issues. Mr. Williams described what is included in the project: • 2,000 foot long multi-use pathway on Sunset o For use by wheelchairs, stroller, roller blades, bicycles, Segways, walkers and other non- motorized traffic • Another 500 feet of improvements will be constructed on Caspers • 100% ADA accessible • Benches, art work • Continued access to parking Mr. Williams described what is not included in the project: • Trees • Tall or unshielded lights • Fencing (some limited railing will be necessary) Mr. Williams described the public process/information to date: • Project placed on City’s CIP 2011 – public comment. • Project also placed on 2012 and 2013 CIP • Added to TIP in 2011 after public comment and Council approval Packet Page 246 of 317 • Council resolution adopted to apply for funding – 2011 • Public survey and public meeting – 2011 • Sunset Avenue Overlook project in PROS Plan since 2008 • Press release may have been issued when grant received Mr. Williams identified issues to be addressed: • Parking • Circulation • Driveway access and turning radii • Emergency vehicles, refuse trucks and other delivery vehicles • Options/geometry on Caspers Street • Adequate public outreach and involvement, next meeting December 18 • Specific design features ie: artwork benches railing crosswalks, etc. • BNSF coordination Councilmember Buckshnis referred to the photograph of the proposed sidewalk connecting to an existing sidewalk, relaying it was her understanding the dirt path would not be disturbed. Mr. Williams explained the City owns the property west of the curb on both the northern end and the southern ends of the project; the property the City owns narrows to the north where it encounter the BNSF right-of-way. BNSF has offered a lease to allow use of the property on the railroad’s right-of-way that the City has already been using. The multi-use pathway would be in the location of the dirt path for some distance and then would move to the east. Councilmember Buckshnis asked whether it was a 10-foot or 12-foot walkway, noting a 2-foot difference was a lot in a 30 foot street. Mr. Williams answered none of the decisions are cast in concrete but typically a multi-use pathway is approximately 12 feet. The consultant believes state regulations would allow it to be signed as a multi-use pathway down to 10 feet. There may be locations where the pathway would be 10 feet due to the geometry. He summarized it makes sense to have a 12-foot pathway where there is room to do so. Councilmember Buckshnis assumed a 12-foot pathway would eliminate the angle parking. Mr. Williams responded the hope is to duplicate what currently exists. Councilmember Buckshnis asked whether the roadway would be changed to one-way. Mr. Williams answered the same two-way and one-way areas would be maintained. Councilmember Buckshnis recalled a fence was installed at the dog park after two dogs were killed. She asked whether staff planned to ask BNSF for a statement that they will not install a fence. Mr. Williams answered staff would try but it was difficulty to get BNSF to commit to anything long term. BNSF has a long term plan for a third track which would require cutting the bank and part of the street and building a wall. BNSF has been satisfied for the past 20 years with the plantings in this area and the ability of the plants to discourage access to the railroad tracks from Sunset Avenue. Councilmember Buckshnis asked how much has been spent to date on this walkway project. Mr. Williams responded the City received a $159,000 grant from Congestion Mitigation and Air Quality (CMAQ); the City signed a contract with MacLeod Reckord, an architectural design firm, for $62,000 to develop preliminary concepts that could inform the public process. Approximately $55,000 of the $62,000 pre-design contract has been expended to develop 2D drawings that can be displayed and commented on at public meetings and adjusted as necessary. Staff has heard the City will soon be offered an additional $90,000 grant that can be added to the $159,000 to complete a full design process on whatever project is eventually scoped. Councilmember Buckshnis asked whether the design in the PROS Plan would be used. Mr. Williams answered that version was tailored to the funding source at the time, Recreation and Conservation Office (RCO), and the project needed to look and function like a trail. The Packet Page 247 of 317 Federal Highway Administration (FHWA), the source of these two grant opportunities, are not concerned that the project looks like an expanded sidewalk. Councilmember Buckshnis observed this was not a Complete Streets project but was designed to increase tourism. Mr. Williams answered it definitely was a Complete Streets themed project. It greatly enhances access to this corridor for non-motorized users and keeps users safer while maintaining vehicular functions. Councilmember Fraley-Monillas asked whether a long-term lease of the property would prevent BNSF from installing a fence if they found the walkway increased their liability. Mr. Williams answered no, explaining BNSF was not offering a long term lease; they have offered a one-year revocable lease. He assumed they also retained the right to install a fence. Staff has been clear with BNSF that the reason for the lease is to develop this multi-use pathway. If BNSF saw the pathway as inconsistent with the operation of the railroad, he was certain they would not offer a lease. He anticipated discussions with BNSF regarding ways to reduce the temptation to access the water from the bank via softscaping. He recalled 20 years ago, the fence was related to increased speeds on the railroad tracks. Councilmember Fraley-Monillas pointed out even if the City did not install the walkway, BNSF could still install a fence. Mr. Williams agreed, anticipating the same public outcry as occurred 20 years ago. He summarized he doubted BNSF would sign a document giving away any future rights regardless of how unlikely it was they would avail themselves of those rights. Council President Petso asked whether the original request for a fence was initiated by the City and referred to documents she found that indicate that may have been the case. Mr. Williams answered he did not study all the documents; the idea of a fence was related to the Utility and Transportation Commission’s (UTC) evaluation of BNSF’s request to increase speeds. Council President Petso offered to provide the documents to Mr. Williams. Mr. Williams explained staff has talked with and walked the alignment with BNSF representatives; he did not sense any alarm on their part about the proposal. BNSF was not aware the street was partially in their right-of-way until the recent survey. Mayor Earling opened the opportunity for public comment. Bruce Jones, Edmonds, commented a 12-foot wide sidewalk will not work with the geography of the street. He anticipated the FHWA has seen many 5-foot sidewalks and questioned why the design started with fitting everything around a 12-foot wide sidewalk. Marilyn Lindberg, Edmonds, a resident on Sunset, expressed her strong opposition to the proposed sidewalk for Sunset Avenue. She anticipated a 10-12 foot sidewalk, 7-foot parking, 3-foot bike lane in the existing 30 feet would prevent her from backing out of her driveway. She foresaw chaos on a sidewalk on the west side with walkers, runners, skateboarders, strollers, wheelchairs, bicyclist and dogs on leashes. She recommended the grant either be cancelled or rescinded as the project is not desirable for this street. Sally Wassall, Edmonds, a resident on Sunset, said Sunset is 32’10” wide in front of their house. She questioned how parking and access for cars and trucks could be provided if the width was reduced by 12 feet for a sidewalk. She feared BNSF or WUTC would request a fence which was successfully prevented in the past. A fence would also be detrimental due to the sandy loom soil that is prone to slides. She summarized the walkway was a bad idea and they would like it to go away. Thalia Moutsanides, Edmonds, a resident on Sunset, referred to photographs she provided the Council that illustrate an oil truck making a delivery and the limited space for a car to go around. If a 10-12 foot wide sidewalk were construction on the west side, a vehicle could not pass. Sunset is 30 feet wide in front of her house, 10-12 feet for a sidewalk, 2 foot buffer zone, 8’5” parallel parking equals more than 20-22 Packet Page 248 of 317 feet, leaving less than 8-10 feet for vehicular traffic; oil trucks and emergency vehicles are 8 feet wide. Her photographs also illustrate an area where construction vehicles parked on both sides, making the road nearly impassible. Most people who walk on Sunset are opposed to the walkway. She was concerned with altering the fragile embankment, traffic, water problems, etc. She was strongly opposed to the project. Rick Hedges, Edmonds, a resident on Sunset, requested the Council rethink the walkway. Although he was opposed to the walkway project, if it proceeded he preferred a 5-foot wide sidewalk rather than 12- feet. He questioned how a pathway on the bank side of Sunset that combined bicycles, children, dogs on leash, etc. would work and feared it would encourage access to the railroad tracks. Northbound vehicular access would be negatively impacted by a narrowed roadway shared with bicycles, garbage trucks, etc. The current configuration is calm and enjoyable; he estimated a gravel trail to replace the dirt trail would be much less expensive. Jim Wassall, Edmonds, a resident on Sunset, explained in the past neither BNSF nor the City wanted the fence, it was proposed by WUTC due to BNSF’s request to increase train speeds. The requirement for a fence along Sunset was rescinded following a public outcry. He asked the cost of the one-year, renewable lease BNSF has offered the City. He relayed a car drives the wrong way on Sunset once a day on average; that would create a dangerous situation if the roadway is narrowed 12-feet. He was opposed to the proposed walkway. Carol Nickisher, Edmonds, a resident on Sunset, explained she moved to Sunset from Magnolia 2½ years ago due to the natural embankment that is part of the historic character of Edmonds. She has three large west-facing windows in her house and walks with her dog on the west side of Sunset daily and could not fathom a multi-use pathway that combined dogs, bicycles, roller blades, Segway and children. If there are safety concerns, it would be less expensive to install speed bumps although in her experience vehicles do not speed on Sunset. She doubted a promenade would attract more tourists, anticipating tourists would come anyway for the view. She estimated 80% of the people who visit Sunset will oppose this improvement. She relayed the remark of one person who said it’s beautiful as it is, leave it alone. She opposed the walkway. Jim Wilkinson, Edmonds, owner of multiple properties on Sunset, felt the proposal was trying to do too much in the available space. He has heard of car doors hitting cars where the roadway was narrowed on Main between 5th and 6th and did not want that to occur on Sunset. If improvements were made, he preferred a pedestrian-friendly, no parking area. The pathway will not go anywhere and will increase congestion. He asked that the City address a van with a handicap permit that parks and performs household tasks on Sunset for 6-10 hours every day. Edmonds allows vehicles with handicapped permits unlimited parking; federal law allows a 4-hour limits. He pointed out a 12-foot walkway on the west side would move parking to the crown of the street, further reducing views from one-story houses on Sunset as well as creating a sloped driving lane. Mike Echelbarger, Edmonds, a resident on Sunset, agreed with his neighbor’s concerns regarding parking, fencing, lighting, etc. He was not opposed to the proposal, noting there was only a plan to develop a proposal. He commented there are thousands of people walking on Sunset on a sunny weekend day. Of the thousands, only a small minority walk on the sidewalk; most walk in the bike path, the west side of the curb or the east side of the parked cars. The City needs to develop a plan to address the serious safety issue posed by people walking in the street. Although the speed limit is only 20 mph, drivers are looking at the view, not the roadway. He was not opposed to developing a plan to determine whether all the concerns could be addressed. He encouraged the City to seek input on this project from all users of Sunset, anticipating the use of Sunset will increase as the population increases. John Segelbaum, Edmonds, a resident on Sunset, said the question for the Council is to analyze the pros and cons of the proposal. Increasing pedestrian, bicycle, rollerblade, etc. traffic on Sunset is both a pro Packet Page 249 of 317 and a con as it will create congestion, increase risk of accidents between bicycles and motorists and create a traffic nightmare by decreasing the width of the roadway. Safety has never been a significant issue on Sunset; narrowing the roadway will increase conflicts between pedestrians, bicycles and vehicles. Moving the parking 13 feet east will either destroy or significantly restrict residents’ ability to back onto Sunset Avenue as well as restrict access by service vehicles. The walkway will likely result in the elimination of the on-street parking that residents depend on. Over 100 years Sunset and Front Street have served three purposes, moving vehicular and pedestrian traffic from Main to Caspers and ingress and egress for residents without impacting views. He concluded the proposed walkway would undo the character of Sunset Avenue. Jerry Tays, Edmonds, a former federal land manager, said he would have been unable to carry out such a project because a yearly lease would not be sufficient to spend federal funds on improvements. He questioned how city or state funds could be spent on property that the City does not own either in fee or a long term lease or how the City’s investment would be protected in the future. Jen Antilla, Edmonds, a regular user of Sunset, said Sunset’s natural environment is what appeals to people using the area. She suggested allowing only local access on Sunset, explaining many who park on Sunset leave their engines running which is disruptive to the environment, residents and pedestrians. Lisa Barern, Edmonds, relayed her family moved to Edmonds from the mid-west and they often visit waterfront parks. She did not anticipate a walkway would attract more visitors; people enjoy it now. She supported a gravel path or small sidewalk to provide ADA accessibility. She feared increasing activity on the west side would create a need for a fence to protect users from the bluff. Ken Reidy, Edmonds, said he has enjoyed Sunset in its current configuration since the mid-70s and it will be a sad day for Edmonds if the current situation changes. He suggested involving the public earlier in the process such as notification before projects are added to the CIP, CFP or TIP; notice mailed to residents within a certain radius of a project; or notification before the City seeks a grant. 8. PUBLIC COMMENT AND DISCUSSION ON THE SR-104/RAILROAD CROSSING ALTERNATIVES ANALYSIS Public Works Director Phil Williams relayed staff is recommending the City seek funding to analyze alternatives that could resolve the current conflicts caused by at-grade railroad crossings located at Main and Dayton Streets on the waterfront. BNSF is projecting a very significant increase in train traffic over the next 8-18 years, increasing from the current 35-40 trains per day to 70 days per day in 2020 and 104 trains per day by 2030. These trains cross the two rail crossings, often blocking them both at the same time. These numbers do not include the near-term potential addition of up to 18 trains per day hauling coal for export from the proposed expanded terminal near Bellingham. Rail traffic already presents significant conflicts, delays and safety hazards that will become debilitating as train numbers increase rapidly over the next decade: • Passing trains prevent the timely delivery of emergency services to the water side of the BNSF tracking where there is a busy senior center, 700 slip marina, nationally significant saltwater dive park, three City parks, several office buildings, two 2-5 story condominium buildings, several single family homes, a popular dog park, 3 restaurants and the ferry dock, all frequent users of emergency services. Delayed responses of several minutes or more are not uncommon and will be more frequent in the future. • Each train passing through Edmonds sounds its whistle at approximately 115 decibels, 8 times in a quarter mile distance as it passes the above developments. These blasts are deafening and disruptive to the enjoyment of the Edmonds waterfront. This will likely limit the desirability of future development on the Antique Mall and Harbor Square properties, significant keys to Edmonds’ economic future. Packet Page 250 of 317 Packet Page 251 of 317 Packet Page 252 of 317    AM-6480     2. E.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted For:Jerry Shuster Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign the First Amendment to the Interlocal Agreement with the Lake Ballinger/McAleer Creek Watershed Forum. Recommendation Forward item to the consent agenda for approval at the January 21, 2014, City Council meeting Previous Council Action On July 1, 2008, and September 7, 2010, Council approved a similar Interlocal Agreement (ILA) to be implemented by the appointed City representative to the Lake Ballinger/McAleer Creek Watershed Forum.  Both of these ILAs were one year agreements.  The ILA approved in 2010 for calendar year 2011 included funding for a Federal lobbyist approved by City Council.   On January 23, 2012, Council approved a version of this ILA with an end date of December 31, 2013 that included $1,600 to pay for Edmonds’ portion of the Forum administration costs but did not include a $10,000 contribution toward the Forum’s Federal Lobbying efforts. On April 3, 2013, Council approved this ILA that included funding for the Forum administration costs and the Forum’s Federal Lobbying efforts. Narrative The current ILA expired on December 31, 2013.  This First Amendment to the ILA will: Make it effective January 1, 2014 through December 31, 2015 (2 years) Authorize funding for Forum Administrative Support up to $4,800 per year, that will be spilt amongst the member jurisdictions Authorize funding for Forum Lobbying efforts up to $36,000 per year, which will be split amongst the member jurisdictions. Currently, the Forum has three official member jurisdictions, the Cities of Mountlake Terrace, Lake Forest Park, and Edmonds. This First amendment will build on the work done by the Forum members and the Forum’s lobbyist.  Over the past 2 years progress has been made on the recurrent flooding issue that affects Edmonds’ residents located on the south shore of Lake Ballinger: The design has been completed for the replacement of three culverts on McAleer Creek, the sole outlet for Lake Ballinger The first large culvert was replaced in 2013. The remaining two are scheduled for replacement Packet Page 253 of 317 with foot bridges in the summer of 2014 (Mountlake Terrace has construction contract in-place) Edmonds installed a web-based early warning system so anyone with an internet connection can check the lake level at any time. The Army Corps of Engineering conducted an initial project review of the situation and has recommended some project actions. The Water Resources Development Act (WRDA) bill has been passed by the House of Representatives and a House-Senate conference committee began work Nov. 20 on resolving the differences between the Water Resources Reform and Development Act (H.R. 3080) and the Senate’s version of the water resources legislation. Our Congressional delegation indicates a possible reform of the WRDA process that would make it easier for Forum projects to get funded. This First Amendment to the ILA has been approved by the City Attorney. Fiscal Impact The 2014 City budget has $55,000 for Lake Ballinger Associated projects in the Stormwater Utility Fund. The Councils of Lake Forest Park and Mountlake Terrace have indicated approval of this ILA amendment.  If the Edmonds City Council approves the amendment to the ILA, our costs will be capped $1,600 per year for Forum Administration and at $12,000 for the Forum’s lobbyist.  If additional jurisdictions join the Forum (such as Snohomish County, Shoreline, or Lynnwood), the cost per year will be less.   There is sufficient funding in this line item to fund the administrative and lobbying costs in 2014.  Since this amendment extends through 2015 and Edmonds does not, yet, have a Council-approved 2015 budget, the ILA has the following language in Section 6.2:“…the financial obligations of each Member Jurisdiction to fund this Agreement after December 31, 2011 are contingent upon local legislative appropriation of necessary funds in future fiscal years…”. Attachments Amendment to ILA Original ILA Form Review Inbox Reviewed By Date Engineering Megan Luttrell 01/09/2014 08:06 AM Public Works Phil Williams 01/09/2014 09:26 PM City Clerk Scott Passey 01/10/2014 09:53 AM Mayor Dave Earling 01/10/2014 02:45 PM Finalize for Agenda Scott Passey 01/10/2014 02:46 PM Form Started By: Megan Luttrell Started On: 01/08/2014 03:23 PM Final Approval Date: 01/10/2014  Packet Page 254 of 317 First Amendment to Interlocal Agreement for the Governmental Jurisdictions within the Lake Ballinger/McAleer Creek Watershed Including the Cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace, Shoreline and Snohomish County This First Amendment to the Agreement (“First Amendment”) is entered into by and among Snohomish County, a political subdivision of the state of Washington, and the cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace, and Shoreline, all municipal corporations of the state of Washington. RECITALS WHEREAS, the Agreement, expires on December 31, 2013; and WHEREAS, The Agreement, by its terms, may be extended for such additional terms as the Member Jurisdictions may agree in writing; and WHEREAS, the Member Jurisdictions desire to extend the Agreement for an additional two-year term commencing January 1, 2014 through December 31, 2015 (“extended term”); and WHERAS, the Member Jurisdictions desire to provide for a new Exhibit D (“Operating Fund Allocations”), a new Exhibit E (“Service Provider Operating Fund Allocations”) for the extended term; and WHEREAS, the Member Jurisdictions desire to amend the Agreement on the terms and conditions set forth in this First Amendment. NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, the Member Jurisdictions agree to amend the Agreement as follows: Section 1. Defined Terms. All capitalized terms when used herein shall have the same respective meanings as are given such terms in the Agreement, unless expressly provided otherwise in this First Amendment. Section 2. Extension of Term. The Member Jurisdictions acknowledge and agree that the term of the Agreement shall be extended by an additional two-year term, Packet Page 255 of 317 commencing January 1, 2014 and remain in effect through December 31, 2015 (“New Term”), unless terminated earlier pursuant to the provisions in the Agreement. Section 3. Replacement of Exhibit D and Exhibit E. Member Jurisdictions acknowledge and agree that Exhibit D and Exhibit E to the Agreement shall be replaced respectively with new Exhibits, Exhibit D1 (“Operating Fund Allocations”) and Exhibit E1 (“Service Provider Operating Fund Allocations”), which are attached hereto and incorporated by reference. Section 4. Method and Duty to File First Amendment. Member Jurisdictions shall, upon execution of this First Amendment to the Agreement, post this First Amendment on its official website in accordance with RCW 39.34.040 and RCW 39.34.200. Section 5. Counterparts. This First Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument and, collectively, constitute the entire First Amendment. Section 6. Conflict; No Further Modification. In the event of any conflict between the terms and conditions of the Agreement and the terms and conditions of this First Amendment, the terms and conditions of this First Amendment shall prevail. Section 7. Remaining Terms of Agreement. Except as specifically set forth in this First Amendment, all other terms and conditions of the Agreement and Exhibits shall remain unmodified and in full force and effect. Section 8. Effective Date of Amendment. This First Amendment shall become effective upon its execution by Member Jurisdictions, as authorized by each jurisdiction’s legislative body. IN WITNESS WHEREOF, the Member Jurisdictions hereto have executed this First Amendment on the dates indicated below: Approved as to Form: CITY OF EDMONDS By: By: Title: Title: Date: ___________ Date: _________________ Packet Page 256 of 317 Approved as to Form: CITY OF LAKE FOREST PARK By: By: Title: Title: Date: ___________ Date: _________________ Approved as to Form: CITY OF LYNNWOOD By: By: Title: Title: Date: ___________ Date: _________________ Approved as to Form: CITY OF MOUNTLAKE TERRACE By: By: Title: Title: Date: ___________ Date: _________________ Approved as to Form: CITY OF SHORELINE By: By: Title: Title: Date: ___________ Date: _________________ Approved as to Form: SNOHOMISH COUNTY By: By: Title: Title: Date: ___________ Date: _________________ Packet Page 257 of 317 EXHIBIT D1 OPERATING FUND ALLOCATIONS Packet Page 258 of 317 Table 1 Service Provider Operating Fund Allocation 2014-2015 Allocation shall be equal percentage for each (current) Member Jurisdiction Jurisdiction % of Total % of Total % of Total % of Total Original members 5 members 4 members 3 members Edmonds 16.67% 20.00% 25.00% 33.33% Snohomish County 16.67% 20.00% 25.00% Lake Forest Park 16.67% 20.00% 25.00% 33.33% Mountlake Terrace 16.67% 20.00% 25.00% 33.33% Lynnwood 16.67% Shoreline 16.67% 20.00% Packet Page 259 of 317 EXHIBIT E1 SERVICE PROVIDER OPERATING FUND ALLOCATIONS Packet Page 260 of 317 Administrative Support Service Provider Needs Listing The Forum wishes to retain the City of Mountlake Terrace as the Administrative Support Service Provider. The Forum has suggested quarterly meetings at a minimum for the current agreement period with other meetings held as needed. The Service Provider needs listing allows for four quarterly meetings and up to four additional meetings per year. Duties Hours/Quarter Year 1. Attend and take notes at monthly Forum Meeting 5 20 2. Arrange for room reservations, provide materials for meetings 5 20 3. Compile and produce minutes from the Forum meetings 10 40 4. Generate draft agenda for the Forum Meeting - 3 12 coordinate with the chair and co-chair on meeting agenda 5. Coordinate e-mail contacts through the Forum distribution list 1 4 6. Assists with cities web site maintenance 6 24 7. Maintains documents record for Forum activities 6 24 8. Prepares News Releases on Forum updates 4 16 Total 40 160 Additional Duties may be added as needs develop Provider Support through the City of Mountlake Terrace Administrative Support for 2014 $4,800 Administrative Support for 2015 $4,800 This listing assumes services are provided at 40 hours a quarter are allocated for a total of 160 hours for each of the 2014 and 2015 calendar years. Each Member Jurisdiction’s cost percentage of the Administrator Support Provider is listed in Exhibit D Table 1. Packet Page 261 of 317 Federal Government Relations Service Provider Needs Listing The Member Jurisdictions wish to retain and employ a Federal Government Relations Service Provider, Johnston Group, for the term of the agreement period (January 1, 2014 to December 31, 2015) to provide federal government relation services for the Forum in order to increase its visibility with its congressional delegation and compete for federal funding. The Johnston Group scope of services is attached at the end of this exhibit. The total cost for each year of the agreement shall not exceed the amounts listed for 2014 and 2015 below. Government Relations Support through the Johnston Group: For 2014 $36,000 For 2015 $36,000 The Member Jurisdiction’s cost percentage of the Federal Government Service Provider is listed in Exhibit D Table 1. Packet Page 262 of 317 Appendix A Scope of Services The Consultant (“The Johnston Group”) shall provide the scope of services listed below for the Client (“Lake Ballinger/McAleer Creek Watershed Forum”). The scope of services may include, but not be limited to, the following activities: Support Federal Funding for the Lake Ballinger/McAleer Creek Watershed Forum • Work with the Lake Ballinger/McAleer Creek Watershed Forum to identify the funding needs and get detailed information about priority projects contained in the Forum’s Capital Improvement Plan. • Review Forum planning documents and budget to ascertain the full range of Forum initiatives and determine which Forum projects are eligible for support through the existing federal funding programs. • Advise the Lake Ballinger/McAleer Creek Watershed Forum about which projects ought to be prioritized for federal grants, directed federal spending via appropriations and authorization bills. • Assist the Forum with its engagement with the Seattle office of the U.S. Army Corps of Engineers and utilize the delegation to bolster this relationship to result in funding for the Forum. Prepare and Support the Lake Ballinger/McAleer Creek Watershed Forum within WRDA Consideration and Potential Funding Opportunities • Advise the Forum about the creation of collateral materials for federal funding requests. • Work with the Forum to identify potential supporters for project requests and secure letters of endorsement. • Coordinate formal submission of appropriations requests, if applicable, and ensure compliance with all deadlines. • Work with Forum on the Water Resources Development Act reauthorization and seek federal funds to support the Forum’s activities. Packet Page 263 of 317 • Determine legislative tactics Congress may utilize to enact federal appropriations bills and implement a strategy to preserve funds targeted for the Lake Ballinger Watershed Forum. • Contact key congressional staff to obtain support for the Forum’s federal funding requests and respond to any questions or concerns as appropriate. • Assist congressional staff in the preparation of letters of request to relevant House and Senate oversight, authorization and appropriations committees and subcommittees. • Monitor the budget and appropriations process throughout the year with regular legislative updates provided to the Forum. D.C. Lobbying Meetings • Schedule meetings in Washington, D.C. with Lake Ballinger/McAleer Creek Watershed Forum representatives and Congressman Larsen, Congressman McDermott, Representative DelBene and Senators Murray and Cantwell. We also may schedule meetings with other members of the delegation as relevant. • Include the D.C.-based liaison for Washington State Governor Inslee as a part of our D.C. meetings and outreach strategy if appropriate to do so. • Identify and prepare key congressional staff for federal funding and policy requests and meetings with Forum representatives and elected officials. • Attend and facilitate meetings in Washington, D.C. • Prepare Lake Ballinger/McAleer Creek Watershed Forum officials for congressional meetings. • Follow up to all meetings as appropriate. • Ensure that district and D.C. based key staff in each delegation office are aligned in support of Forum’s goals. • Maintain regular communication with key legislative staff and elected officials throughout the year in support of the Forum’s funding and policy agenda. • Ensure the delegation is prepared to engage federal Agencies in support of the Forum as necessary and as appropriate. Packet Page 264 of 317 • Ensure the delegation is prepared to swiftly respond in the event of a flooding event to coordinate disaster relief and support. • This proposal assumes two annual trips to Washington, D.C. for the Lake Ballinger/McAleer Creek Watershed Forum. Involvement of Lake Ballinger/McAleer Creek Watershed Forum Member Staff and Elected Officials • Issue monthly activity reports to Forum representatives detailing specific actions taken on the Forum’s behalf. • Engage the Forum’s elected officials and staff as necessary to contact Members of Congress and their staff as appropriate in support of the funding requests. • Counsel the Forum about locally-based lobbying activities to further the Forum’s legislative and federal funding priorities, potentially including meeting in North King County / South Snohomish County with members of the federal delegation, participation in congressional sponsored events in Washington State and the continued involvement of district based congressional staff in Forum meetings. • Draft correspondence as appropriate for the Forum to send to Congress on policy issues and other legislative concerns. • Work to include Forum elected leadership in delegation based policy discussions as they develop and as appropriate. Delegation Engagement with the Lake Ballinger/McAleer Creek Watershed Forum • Solicit support from each Member of Congress that we are seeking support from (i.e. Congressman Rick Larsen, Congresswoman DelBene, Congressman Jim McDermott, Senator Patty Murray and Senator Maria Cantwell) for our federal funding and policy requests. • Maintain year-long direct engagement with targeted Members of Congress and their staff. • Prioritize a visit to the Watershed by district congressional staff to get a firsthand look at the Forum’s projects and have an in-depth discussion about the Forum’s funding and policy needs. Grant Funding Strategy • Solicit support from the Governor and the congressional delegation for the relevant Forum grant applications. Packet Page 265 of 317 P a c k e t P a g e 2 6 6 o f 3 1 7 P a c k e t P a g e 2 6 7 o f 3 1 7 P a c k e t P a g e 2 6 8 o f 3 1 7 P a c k e t P a g e 2 6 9 o f 3 1 7 P a c k e t P a g e 2 7 0 o f 3 1 7 P a c k e t P a g e 2 7 1 o f 3 1 7 P a c k e t P a g e 2 7 2 o f 3 1 7 P a c k e t P a g e 2 7 3 o f 3 1 7 P a c k e t P a g e 2 7 4 o f 3 1 7 P a c k e t P a g e 2 7 5 o f 3 1 7 P a c k e t P a g e 2 7 6 o f 3 1 7 P a c k e t P a g e 2 7 7 o f 3 1 7 P a c k e t P a g e 2 7 8 o f 3 1 7 P a c k e t P a g e 2 7 9 o f 3 1 7 P a c k e t P a g e 2 8 0 o f 3 1 7 P a c k e t P a g e 2 8 1 o f 3 1 7 P a c k e t P a g e 2 8 2 o f 3 1 7 P a c k e t P a g e 2 8 3 o f 3 1 7 P a c k e t P a g e 2 8 4 o f 3 1 7 P a c k e t P a g e 2 8 5 o f 3 1 7 P a c k e t P a g e 2 8 6 o f 3 1 7 P a c k e t P a g e 2 8 7 o f 3 1 7    AM-6481     2. F.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted For:Rob English Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Quarterly Public Works Project Report Recommendation The report is being provided for information. Previous Council Action None. Narrative Attached is the quarterly report for capital improvement projects managed by the Public Works Department. The fourth quarter report for 2013 contains information on the estimated project budget, 2013 budget, change orders, funding sources and schedule. Attachments Quarterly Public Works Project Report Form Review Inbox Reviewed By Date Engineering Megan Luttrell 01/09/2014 05:14 PM Public Works Phil Williams 01/09/2014 09:27 PM City Clerk Scott Passey 01/10/2014 09:53 AM Mayor Dave Earling 01/10/2014 02:39 PM Finalize for Agenda Scott Passey 01/10/2014 02:45 PM Form Started By: Megan Luttrell Started On: 01/08/2014 03:58 PM Final Approval Date: 01/10/2014  Packet Page 288 of 317 Capital Improvement Program Status City or Total 2013 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ESCO III Facilities Ameresco 758,683.00$ 758,683.00$ 60000 247,942.00$ 16 _Jun-14 Con ●ESCO Contract through WA DES process. ●Exterior lighting changes have been accomplished with the exception of a few clea-up items. The City has received a rebate of approx. $43,000 from the PUD for this part of the work. ●Equipment replacements for Yost Pool and Edmonds Senior Center set for early 2014. ●Additional control capacity coming for the Council Chambers HVAC system. ●The FA was turned into a change order with a value of just over $60,000. This allowed Yost Pool to open on time last year. Frances Anderson ADA Upgrades Facilities Consultant $200,000 $170,000 $11,000 _016 May-13 Dec-13 Cl-Out ●Substantial completion attained December 13th. ●The largest changes came about as a result of issues dealing with 1950's plumbing systems. ●Contractor is now in the process of completing punch list items. ●Total value for three change directives stands at $10,582.39, leaving 40% of contingency available. ●There are two change orders whose total value is approximately $11,000. Public Works Yard Water Quality Upgrade (Vehicle Waste Facility Upgrade & Cover for Material Piles) Facilities Consultant $397,960 $263,500 _$311,379 422 Jun-13 Aug-13 Des ●Consultant hired to design waste handing facility at Public Works Yard, construction 2014 (75% grant funded). ●Construction of spoil pile covers completed (100% grant funded). 76th Avenue West/75th Place West Walkway & 162nd Park Project Parks Gray & Osborne $3,704,064 $12,000 $1,282,613 _125 Apr-09 Nov-10 Cl-Out ●Close out phase - working on release of retainage bond. ●Construction is complete. ●Change Order 1: $59,895; Change Order 2: $28,584; Change Order 3: $22,117; Change Order 4: $10,096; Change Order 5: $15,799; Change Order 6: $131,547; Change Order 7:$245,297;Change Order 8: $167,739; Change Order #9: $25,109; Change Order #10: $19,618; Change Order #11: $92,710; Change Order #12: $139,100; Change Order #13: $325,000. ●$77,000-2012 Budget Amend (1st Qtr) ●$103,000-2012 Budget Amend (May) ●$30,000-2012 Budget Amend (December) ●$12,000-2013 Budget Amend (Feb) Dayton Street Plaza Parks Barker $160,605 $168,000 __132 TBD TBD Des ●Coordinating with Parks Dept to possibly go to construction in 2014 ●$168,000 - 2013 Budget Amend (Feb) Interurban Trail Parks KPFF $2,430,000 $27,000 $145,556 $1,325,703 132 May-11 Jun-12 Cl-Out ● Construction is 100% complete. ● Working on close out. ● Plant establishment period completed in spring 2013. ● Change order 1: $37,757 ● Change order 2: $2,240 ● Change order 3: $41,003 ● Change order 4: $13,412 ● Change order 5: $7,257 ● Change order 6: $4,680 ● Change order 7: $0 ● Change order 8: $33,275 ● Change order 9: $4,152 ● Change order 10: $1,780 ● $314,414-2012 Budget Amendment (1st Qtr) ●$27,000-2013 Budget Amendment (Feb) 2012 - Alder/Dellwood/Beach Pl/224th Sewer Replacement Sewer City $1,257,627 $1,224,500 __423 5/2013 2/2014 10/2013 9/2014 Con ●Dellwood site to be completed at a later date so that more pressing sites can be addressed. Expected Ad Date for Beach Place and AlderFeb 2014. ●Easement acquired at Ebb Tide Site acquired and approved by council on Feb 2013. ●Sewer construction of 224th substantially complete. Sept 2013. Final Payment and closeout in progress. 2013 Sewer Replacement Project Sewer CHS $2,027,000 $1,982,000 __423 Mar-14 Dec-14 Des ●Design at 75%. ●Project to be built in 2014. Alder CIPP(Citywide CIPP Sewer Rehab) Sewer City $306,000 $302,600 __423 Jul-13 Jan-14 Con ●Construction 80% Complete. ScheduleProject Budget Packet Page 289 of 317 Capital Improvement Program Status City or Total 2013 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget Lift Stations 3, 4, 5, 9, 10, 11, 12, 14 & 15 Sewer CHS $4,602,121 $3,484,900 $47,087 _423 Aug-12 Oct-13 Cl-Out ● Construction 100% Complete. ● Contractor currently working on completing punch list. ●Change Order No.1, $47,087.35. ●Substantial Completion 10/25/13 Sanitary Sewer Comprehensive Plan Sewer BHC $218,100 $126,187 __423 __Study ●Final plan approved by City Council on October 1, 2013. ●$27,087 - Budget Amendment (August) ● Project Complete. 238th St Drainage to Hickman Park Storm KPG $646,260 $646,260 __422 Jun-14 Nov-14 Des ● Project broken into two phases due to grant for sidewalks. ● Phase I to be constructed in 2014 (Alley infiltration system upgrade south of 107th PL W. and 102nd AVE W. infiltration system upgrade - behind church). ● Phase II stormwater improvements on 238th St SW with sidewalk in 2014 or 2015 (connect to Hickman Park infiltration). ● RFQs for design of Phase II received and selection of design firm completed ●$60,000 - 2013 Budget Amendment (May) 95th/93rd Pl Stormwater Improvements Storm City TBD $226,000 __422 Mar-14 Jul-14 On-Hold _ City-Wide Drainage Improv.Storm City $149,000 $149,000 __422 __Pre/Des/ Con ● Willow Creek Outfall Inspected; minor repairs completed ● Additional improvements in design for 233 - 3rd Ave and Northstream inlet near Puget Drive, due to effects for large storms in late August, and September (will carry over to 2014). Dayton St & SR 104 Drainage Improvement Study Storm Consultant $283,000 $283,000 __422 __Study ● Draft Alternatives Analysis Report completed ● Public Open house completed 6/20/2013. ● Final Report completed. ● Scope of Work for next phase to be completed early 2014. Dayton St. Storm Improvements (6th to 8th) Storm City TBD $40,000 __422 __On-Hold _ Lake Ballinger Associated Projects Storm City $106,000 $106,000 __422 Apr-13 Dec-13 Des ● Replacement of 1st downstream Culvert with box culvert on McAleer Creek completed by Mountlake Terrace. Replace of 2 more culverts scheduled for Summer 2014 by MLT. ● Additional modeling of Lake and weir configurations completed. ● Web-based lake level indicator completed by City of Edmonds 4th quarter 2013. Perrinville Creek Flow Reduction Retrofit Study Storm Consultant $388,772 $200,000 _$188,772 422 __Study ● Contract executed with Consultant; project underway ● $188,772 grant secured from Department of Ecology to supplement budget. ● Final report expected in Spring 2014. Talbot Rd / Perrinville Creek Drainage Improvement & Habitat Enhancement-Phase II Storm City $95,000 $95,000 -$50,200 _422 __Cl-Out ● Construction complete ● Culvert inspections completed; no defects found. ●Change Order #1: $1,939.90 ●Change Order #2: -$68,047.10 ●Change Order #3: $15,907.42 ● Tide gate feasibility study completed October 2013. Willow Creek Daylight/Edmonds Marsh Feasibility Study Storm Consultant $150,000 $100,000 __422 __Study ● Final Early Feasibility Study completed ● Pre-proposal for further work to RCO/SRF Board Submittal including response to questions. ● Full proposal for further work to RCO/SRF submitted 8/2013. ● Notice of $200,000 grant award December 2013 ● RFQ FOR 2014-2015 Final Feasibility and Design due 1/15/2014. 15th St. SW Walkway Street KPG $374,000 $40,000 _$374,000 112 Jun-14 Dec-14 Des ● Design 0% complete. ● The project proposes the addition of sidewalk on 15th St. SW from SR-104 to 8th Ave. S, on one side of the street. ● The City secured a state grant for $374,000 (through Safe Routes to School grant). The design funds have been obligated. 228th St. SW Corridor Safety Improvements Street Perteet $6,843,000 $719,700 _$6,491,000 112 Jul-14 Dec-15 Des / ROW ● Design 90% complete. ● Right of Way acquisition (6 out of 10 property owners have signed the ROW documents). ● Grant funding is included in all project phases. ● A TIB grant was recently secured for additional construction funding (total of $1.7M). Packet Page 290 of 317 Capital Improvement Program Status City or Total 2013 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget 236th St. SW Walkway Street KPG $494,000 $40,000 _$494,000 112 May-14 Dec-14 Des ● Design 0% complete. ● The project proposes the addition of sidewalk on 236th St. SW from SR-104 to Madrona Elementary, on one side of the street. ● The City secured a state grant for $494,000 (through Safe Routes to School grant), The design funds have been obligated. 238th St. SW Walkway Street KPG $1,391,000 $60,000 _$591,000 112 May-14 Dec-14 Des ● Design 0% complete. ● The project proposes the addition of sidewalk on 238th St. SW from 100th Ave. W to 104th Ave. W, on one side of the street. ● The City secured a state grant to cfor $591,000 (through Safe Routes to School grant). The design funds have been obligated. ● This project will be combined with the storm drain improvements scheduled along this same stretch. 5th Avenue Overlay Project Street Otak, Inc.$1,002,532 $1,002,532 _$551,000 112, 422 & 421 Jul-13 Dec-14 Con ●Construction 100% complete ●Contractor working on punchlist ●Change Order #1 for $8007.15 executed November, 2013 ●Project Substantially completed December 2013 76th Ave. W @ 212th St. SW Intersection Improvements Street Dave Evans $2,760,000 $450,800 _$940,397 112 TBD TBD Des ● Design 65% complete. ● Grant funding is included in the design and ROW phases. ADA curb ramp upgrades along 3rd Ave. S Street City $92,000 $0 _$50,000 112 Jul-14 Oct-14 Pre ● Design 0% complete. ● The project proposed the upgrade to curb ramps along 3rd Ave. S from Main St. to Pine St. Citywide Pedestrian Countdown Display & Cabinet Upgrades Street Harris / DKS $300,000 $295,000 _$300,000 112 Oct-13 Apr-14 Con ● Design 100% complete. ● Grant funding has also been secured for 100% of the design and construction phase. Five Corners Roundabout (212th St. SW @ 84th Av. W) Street Dave Evans $3,659,515 $3,134,200 _$2,399,500 112 421 422 423 Feb-14 Dec-14 Des / ROW ● Design 95% complete. ● Right of Way acquisition complete. ● One property owner has signed a Possession and Use Agreement. The value of the property will be determined in the future. ● Water, Storm & Sewer Utility Funds are contributing to project funding. Main St. @ 9th Ave.(interim solution) Street City $10,000 $10,000 __112 __Pre ● On-Hold Main Street Pedestrian Lighting from 5th Ave to 6th Ave Street Parametrix $1,737,101 $220,000 $51,386 $1,225,000 112 421 422 Jul-12 Dec-12 Cl-Out ● Construction complete ● Construction close-out in progress. ● $312,000 - 2012 Budget Amendment (August) ● Change Order 1 - $15,099.14 ● Change Order 2 - $1,193.00 ● Change Order 3 - $1,020.18 ● Change Order 4 - $639.24 ● Change Order 5 - $16,335.51 ● Change Order 6 - $3,169.57 ● Change Order 7 - $1,968.00 ● Change Order 8 - $2,980.00 ● Change Order 9 - $10,321.98 ● Change Order 10 - ($2,000.00) ● Change Order 11 - $659.12 SR-104 Transportation Corridor Study Street TBD TBD $50,000 __112 __Study ● The consultant selection process will begin in the 1st quarter of 2014. State Route (SR) 99 International District Enhancements (Phase 1 and 2) Street CH2MHill $615,800 $208,100 _$662,000 129 Apr-12 Nov-13 Cl-Out ● Design 90% complete. ● The construction of this project will be combined with the 228th St. SW Corridor Improvement project since both are within close proximity of each other, have a similar construction timeline, and same grant funding source. State Route (SR) 99 International District Enhancements (Phase 3) Street KPG $684,000 $98,000 _$684,000 112 July-14 Dec-15 Des ● Design 90% complete. ● The construction of this project will be combined with the 228th St. SW Corridor Improvement project since both are within close proximity of each other, have a similar construction timeline, and same grant funding source. Packet Page 291 of 317 Capital Improvement Program Status City or Total 2013 Change City Complete **Active Project Description Type Consultant Budget Budget Orders Grants Fund(s) #Advertise Const Phase Comments ScheduleProject Budget Sunset Walkway Improvements Street MacLeod Reckord $1,878,000 $88,000 _$249,000 112 TBD TBD Des ● A public meeting was held on December 18th to present the preliminary design concepts. ● (2) Federal grants have been secured for the design phase (one in 2012 and other in 2013). 2013 Replacement Program - Waterline Water City $2,137,980 $2,092,980 $3,509 _421 Mar-13 Nov-13 Cl-out ●Construction at 100%. ●D&G Backhoe awarded $1,304,457.70 contract in April 2013. ●Substantial Completion Awarded Oct 31, 2013 for 2013 WL Replacement. ●Conflict with Sewer for 224th & 76th Project required replacement of watermain to allow for sewerline replacement. This project bid separately from watermains since that project is already in progress. ●Project awarded Aug 2013 to Earthwork Enterprises. Constr completed Oct 2013. ●1 change order for $3,509.10 issued. 76th Ave W Waterline Extension with Lynnwood Water Roth Hill $805,000 $765,786 $48,153 _421 Oct-12 TBD Con ●$175,000-2013 Budget Amendment (Feb). ●$100,000 additional budget approved Aug 2013. Change order for unsuitable soils processed Sept 2013 for $48,153. ●Emergency Declared in Nov 2013 to complete project because Lynnwood dismissed contractor due to various issues. ●Earthwork Enterprises hired to complete waterline work. Work completed by December 20, 2013. ●Lakeside Industries hired to place temporary pavement along road alignment. Woirk Completed by December 20, 2013. ●COE & Lynnwood discussing final paving for roadway currently scheduled for summer 2014. Control system upgrade WWTP Tetra Tech $700,000 $0 $0 $0 423 Winter 2013 Dec-18 Des ●Reliability -replace aging control system equipment and provide for redundancy - Start with PLC in 600 bldg. PLC and I/O replacement - replace 1 cabinet/year - (replace old HIKs). ●We anticipate going out for an RFP in Jan 2014 for final design, enginering and installation. Facility repair and improvement project WWTP Tetra Tech $350,000 $0 $0 $0 423 Winter 2014 Dec-13 Des ●Reliability - repair men's locker room, floor damage and reallocate space based on need. ●The final design is completed. The project is behind the original schedule however due to other constraints construction has been moved to 2014. Incinerator regulatory compliance & improvement WWTP CH2M Hill & Coal Creek Environment al $1,040,000 $25,530 __423 _Jan-14 Des ●Regulatory - Currently, we are working with Envirocare to engineer a retrofit of our VenturiPak Scrubber that incorporates the new mercury absorption module. ●Design is complete and installation will occur in 2014. ●This bring us into compliance with new regulations. Switchgear replacement WWTP HDR $1,400,000 $99,399 __423 Apr-13 Sep-13 Cl-Out ●Reliability - This project is completed and in project close-out. Only outstanding is the installation of 3 new doors. Variable frequency drive installation WWTP City $100,000 $31,733 __423 _Jul-14 Con ●Reliability - VFD's are on site. 1 is completely installed - The installation is being pushed out to 2014. Ad Advertising Pre Des ROW Ad Con Cl-Out Study Design Construction Close-out Construcion Contract Study Right-of-Way Acquisition Advertise for Contruction Bids **Active Phase Preliminary Design Packet Page 292 of 317    AM-6488     2. G.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted For:Rob English Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to approve acceptance and recording of an Asset Transfer Agreement for 645 9th Avenue North Recommendation Forward item to the consent agenda for approval at the January 14, 2014, City Council meeting.  Previous Council Action On December 10, 2013, staff presented this item to the Planning, Parks and Public Works Committee. Narrative The City of Edmonds owns a sanitary sewer main through the subject parcel and adjacent parcel to the north as shown in Attachment 2.  The subject parcel is currently being developed and the parcel to the north is vacant land.  The owners of both parcels desire transfer of the sewer main and easement from the City of Edmonds to the property owners.  In 1987 the sewer mainline/easement was provided to the City during development of the Aloha Plat.  The City has not performed any maintenance on the sewer mainline since the installation in 1987, because no homes have been connected to the line and therefore the line has remained dry. Had this plat been developed today, the sewer mainline and easement would have remained private because the mainline offers no benefit to the City.  This is due to the fact that the site conditions only allow for the subject parcels to be connected to the sewer mainline. Attachments Attachment 1 - Proposed Asset Transfer Agreement Attachment 2 - Plat Map Showing Location of Easement Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/10/2014 02:57 PM Mayor Dave Earling 01/10/2014 02:58 PM Finalize for Agenda Scott Passey 01/10/2014 02:59 PM Form Started By: Megan Luttrell Started On: 01/09/2014 08:05 AM Final Approval Date: 01/10/2014  Packet Page 293 of 317 Packet Page 294 of 317 Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 ASSET TRANSFER AGREEMENT Transferor: City of Edmonds Owners and Transferees: Critchlow Homes Inc Property Address: 818 Aloha Street Assessor’s Property Tax Parcel No for Lot 9: 00756500000900 Owners and Transferees: Paula A Trost & John Wiskerchen Property Address: 645 9th Ave North Assessor’s Property Tax Parcel No for Lot 10: 00756500001000 WHEREAS, the CITY OF EDMONDS, a Washington Municipal Corporation (the “City” and “Transferor”) and Paula A Trost and John Wiskerchen, owners of the real property located at 645 9th Ave North and Critchlow Homes Inc, owners of the real property located at 818 Aloha Street, referenced above as (the “Owners” and “Transferees”), have determined that it is beneficial to all parties to transfer ownership rights in certain assets associated with such real property from the City to the Owners; and WHEREAS, such assets are in the form of a sewer main and non-exclusive utility easement described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the “Assets”); and WHEREAS, the parties wish to officially document the transfer of the Assets and each party’s rights and responsibilities relating thereto; NOW, THEREFORE, IN CONSIDERATION of the benefits to accrue to the Owners and the City herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the City hereby permanently conveys and transfers to the Owners, and the Owners hereby accept, all rights, title and interest of every nature held by the City in the Assets. Utility systems located within the easement as described and depicted in Exhibit A, attached hereto and incorporated herein by this reference, and shared between Lots 9 and 10, shall be the collective responsibility of the owners of Lots 9 and 10, and the cost of said maintenance, repair, and/or reconstruction shall be borne jointly between the owners of Lots 9 and 10, except that no owners/transferees shall be responsible for said maintenance, repair and/or reconstruction of that portion of that commonly used utility system located upstream from the point of connection of that respective lot owner. The Assets hereby transferred are located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON. DATED this ________ day of ________________, 2014. Packet Page 295 of 317 TRANSFEREE: TRANSFERRORS: ___________________________________ __________________________________ Paula A Trost Dave Earling, Mayor, City of Edmonds ___________________________________ John Wiskerchen ATTEST/AUTHENTICATED: __________________________________ Critchlow Homes Inc. Scott Passey, City Clerk APPROVED AS TO FORM: __________________________________ Office of the City Attorney STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH ) On this day personally appeared before me Paula A. Trost, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 2014 NOTARY PUBLIC in and for the State of Washington, residing at STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me John Wiskerchen, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 2014 NOTARY PUBLIC in and for the State of Washington, residing at STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 2014 NOTARY PUBLIC in and for the State of Washington, residing at Packet Page 296 of 317 P a c k e t P a g e 2 9 7 o f 3 1 7    AM-6479     2. H.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted For:Rob English Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to approve acceptance and recording of a Deed of Dedication for 321 2nd Ave N Recommendation Forward item to the consent agenda for approval at the January 21, 2014, City Council meeting Previous Council Action None. Narrative The subject property is being developed from a vacant lot to a single family residence.  As a condition of development and in accordance with the City of Edmonds Official Street Map, a 5-foot street right-of-way dedication is required along the 2nd Ave N property frontage.      Attachments Right-of-Way Dedication Deed Form Review Inbox Reviewed By Date Engineering Robert English 01/09/2014 10:28 AM Public Works Phil Williams 01/09/2014 09:26 PM City Clerk Scott Passey 01/10/2014 09:53 AM Mayor Dave Earling 01/10/2014 02:38 PM Finalize for Agenda Scott Passey 01/10/2014 02:45 PM Form Started By: Megan Luttrell Started On: 01/08/2014 03:00 PM Final Approval Date: 01/10/2014  Packet Page 298 of 317 P a c k e t P a g e 2 9 9 o f 3 1 7 P a c k e t P a g e 3 0 0 o f 3 1 7 P a c k e t P a g e 3 0 1 o f 3 1 7 P a c k e t P a g e 3 0 2 o f 3 1 7    AM-6494     2. I.              City Council Committee Meetings Meeting Date:01/14/2014 Time:5 Minutes   Submitted For:Rob English Submitted By:Robert English Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Discussion on the 2014 Pavement Preservation Program Recommendation Forward item to the City Council for a presentation.  Previous Council Action None. Narrative Staff will provide an overview of the 2014 pavement preservation program.  Attached is a map showing the selected streets and the type of pavement preservation to be used on each street. Attachments 2014 Street Preservation Map 100th Ave Pictures 2nd Ave Pictures 72nd Ave Pictures 73rd Ave Pictures Form Review Inbox Reviewed By Date Engineering Robert English 01/09/2014 05:29 PM Public Works Phil Williams 01/09/2014 09:28 PM City Clerk Scott Passey 01/10/2014 09:53 AM Mayor Dave Earling 01/10/2014 02:44 PM Finalize for Agenda Scott Passey 01/10/2014 02:45 PM Form Started By: Robert English Started On: 01/09/2014 05:14 PM Final Approval Date: 01/10/2014  Packet Page 303 of 317 2014 Pavement Preservation Program (Chipped Seal / Overlay) Chipped Seal on 2nd Ave N. from Bell St. to Caspers St. Chipped Seal on 72nd Ave. W from OVD to 176th St. SW Chipped Seal on 73rd Ave. W from OVD to 179th St. SW 2" Overlay on 76th Ave. W from 174th St. SW to 173rd St. SW (as part of Water Line project) 2" Overlay on Hillcrest Pl. from Main St. to end of street (as part of Water line project) 2" Overlay on 224th St. SW from 76th Ave. W to Hwy. 99 (as part of Water line project) 2" Overlay on 100th Ave. W from SR-104 to 238th St. SW Overlay as part of Water line project Overlay project Chipped seal project 7 6 t h A v e W Main St 196th St SW O l y m p i c V i e w D r Pine St 6 6 t h A v e W 8 4 t h A v e W 220th St SW 8 8 t h A v e W 208th St SW 7 4 t h A v e W 6 8 t h A v e W 9 t h A v e N Bowdoin Wy 212th St SW Dayton St 1 0 0 t n A v e W N 205th St/244th St SW 3 r d A v e S O l y m p i c A v e 5 t h A v e S 200th St SW 168th St SW 8 0 t h A v e W 224th St SW T i m b e r L n 9 5 t h P l W 9 6 t h A v e W M e a d o w d ale Rd 240th St SW 7 4 t h A v e W 8 0 t h A v e W I-5 99 104 524 ¯City of Edmonds Mapbook 2" overlay on OVD from 76th Ave. W to ~ 200' west of 76th Ave. W (as part of Water line project) Packet Page 304 of 317 Packet Page 305 of 317 Packet Page 306 of 317 Packet Page 307 of 317 Packet Page 308 of 317 Packet Page 309 of 317    AM-6461     3. A.              City Council Committee Meetings Meeting Date:01/14/2014 Time:15 Minutes   Submitted For:Councilmembers Bloom and Peterson Submitted By:Jana Spellman Department:City Council Committee: Public Safety, Personnel Type: Potential Action Information Subject Title Discussion and potential action on resolution adopting policy regarding Councilmember participation by speaker phone or other technology. Recommendation Previous Council Action September 10, 2013 PS/P Committee Meeting:  This item was discussed (minutes attached). October 8, 2013 PS/P Committee Meeting:  The PS/P Committee took the following action: D. Discussion regarding Council attendance via speaker phone. The committee decided to use the Spokane policy as a framework and to discuss in full Council the following: (1) Definition of extraordinary circumstances such as: travel complications Medical/family emergencies. (2) Whether or not we should allow call ins to items associated with public hearings. (3) Confirm call in to quasi-judicial hearings not allowed. Action: Forward for full Council discussion to finalize policy. 11/4/2013 Council Meeting:  Due to lack of time, this item was sent back to the Public Safety/Personal Committee for further discussion. 11/12/2013 Public Safety Personnel Committee (minutes' excerpt): E. Discussion regarding Council attendance via speaker phone: One remaining question was whether a Councilmember must call in for the full meeting including audience comment.  Action: Move to full Council. December 3, 2013 Council Meeting:  Due to the lateness of the hour, this meeting was moved to the December 10, 2013 full Council Meeting.  Packet Page 310 of 317 December 10, 2013 Council Meeting:  Please refer to attached minutes for Council action. Narrative In the opinion of MRSC, a council member participating by phone or other technology shall be able to hear and be heard. Other items among the various policies include: 1. A limit of two times per year per council member 2. Allow if needed for a quorum 3. Allow if an issue of high importance to the council member 4. Allow if an issue for which it is important to have all councilmembers participate 5. Limit to one item, and don't allow an entire meeting 6. Provide advance notice 7. Only under extraordinary circumstance 8. Only with permission of the entire Council (majority?) 9. Not for matters set for public hearings or quasi judicial 10. Permission from Council President 11. Review all applicable material 12. Participate in all related aspects of the meeting This item is now before the full Council for discussion and potential action.   Attachments Attach 1: Spokane City Council Rules_03-04-2013 Attach 2: 09-10-13_Public_Safety_and_Personnel_Committee_Minutes Attach 3: 12-4-13-Speaker phone participation Resolution Draft 4 Attach 4: Excerpt from 12-10-13 Council Meeting Minutes Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/09/2014 02:12 PM Mayor Dave Earling 01/09/2014 02:16 PM Finalize for Agenda Scott Passey 01/10/2014 09:54 AM Form Started By: Jana Spellman Started On: 01/02/2014 11:27 AM Final Approval Date: 01/10/2014  Packet Page 311 of 317 cases of voice vote, it shall be sufficient for the Chair to announce, and the record to reflect, whether the motion carried or failed. Regardless of method of voting, each council member shall have the right, before the next matter is considered, to explain the reasons for his or her vote and such a request shall be regarded as a matter of privilege. 5.5.7 A Councilperson may only abstain from voting when he or she has a direct personal or pecuniary interest not common to other members of the Council, which is fully expressed to all other members of the Council during the Council meeting. Rule 5.6 SUSPENSION OF RULES These rules may be temporarily suspended for a particular matter by five votes. Rule 5.7 RECONSIDERATION A council member may move reconsideration of an item voted on during an administrative session at that day's legislative session or at the next briefing session. All legislative decisions of the City Council regarding ordinances, resolutions and hearing items are final. When permissible, a council member may re-submit a subsequent ordinance or resolution to repeal or modify a prior city council action. Rule 5.8 PARTICIPATION BY TELEPHONIC COMMUNICATION A Councilperson may participate telephonically in all or part of a Council Meeting if: 1. prior approval is given by the Council President for good cause, whose approval shall not be unreasonably withheld, 2. all persons participating in the meeting are able to hear each other at the same time, such as by the use of speaker phone and 3. the Councilperson participating telephonically shall have reviewed all of the applicable material and participated in the relevant portion of the Council Meeting related to the topic to which the Councilperson is voting on. Any technical prohibitions or difficulties that prevent all parties present at the Council Meeting from adequately communicating with one another will negate any authorization previously given by the Council President. RULE 6 – ADJUDICATIVE APPEALS AND HEARINGS Adjudicative hearings are quasi-judicial hearings involving named parties. Testimony during adjudicative hearings is limited to the parties involved in the hearing. Public testimony is not accepted in adjudicative hearings. Where procedures for appeals and hearings have been established by ordinance, the Council shall follow those Packet Page 312 of 317 Public Safety & Personnel Committee September 10, 2013 Page 2 of 4 end: “In the event that a Board member is unable to abide by the Code of Conduct policies, the Board, with a super majority vote, can recommend removal of the board member to the County Executive Mayor, for action by the City Council.” With regard to the Bellevue Code: • Retain numbers 1, 2, 3, 4, 5, 6 and 10 (eliminating 7, 8, 9 and 11). With regard to the Kirkland Code of Conduct: • It was agreed to also retain the first two paragraphs with the following change: remove the first sentence that states “The Code of Conduct is supplemental to the Kirkland Municipal Code and the Code of Ethics.” B. Consideration of Council Comments Regarding Code of Ethics. Councilmember Bloom recalled comments previously received from Councilmembers related to disclosure of financial information. Councilmembers did not want board and commission members to have to disclose financial information. Councilmember Bloom also recalled that Councilmember Johnson did not want the policy to go “backwards.” Councilmember Peterson stated that he would not want an Ethics Policy to affect previous Councilmembers who did not have an opportunity to vote on it. He would not want it to be retroactive. Councilmember Bloom referred to the Bellevue Code of Ethics under 1.E. where it states the complaint must be filed within two years of the date of the occurrence or occurrences alleged to constitute a violation of the Code of Ethics. Councilmember Peterson stated he reads this to mean moving forward; not retroactive. It was agreed by Councilmembers to ask the City Attorney to look at this. Councilmembers next discussed the complaint procedure. It was noted that Bellevue has an Ethics Officer and Kirkland uses a Hearing Examiner. Councilmember Peterson commented that he likes the idea of having an Ethics Officer, noting the Hearing Examiner deals mostly with land use issues. Councilmember Bloom commented that given the issues related to staff availability and Hearing Examiner availability, she believes the Code should be modeled after Bellevue (versus Kirkland). Councilmember Peterson agreed. Councilmembers agreed to use the Bellevue Code of Ethics (eliminate Section B that begins on page 5 – except for number 9. Number 9 deals with “Nepotism” and the committee would like this included in the Code of Ethics.) C. Discussion regarding Council attendance via speaker phone. Councilmember Peterson stated that in reviewing the sample procedures included in the packet, he thought the procedures from Spokane was the simplest and gives some latitude to the Council President and the council member who would be calling in. The other procedures seemed to be more detailed and included limiting the participation by phone to only one item. Packet Page 313 of 317 Public Safety & Personnel Committee September 10, 2013 Page 3 of 4 Councilmember Bloom expressed concern with limiting participation to one item noting that the Councilmember who is calling in needs to be able to hear such things as “Audience Comments” that may include comments that would be important to hear for the topic of interest. Councilmember Peterson agreed that the meeting should be attended as a whole, but pointed out in reality it may not be possible. Councilmember Peterson suggested under “Code of Conduct” to add “attendance for entire meetings; expected to show up on time and be available for the entire meeting.” Councilmember Bloom commented that she prefers the Bothell policy. Councilmember Peterson agreed except recommended removing the limit to one agenda item. It was the recommendation of the Councilmembers to adopt the Bothell policy with the major change of not limiting to one agenda item and change the language that refers to City Manager form of government. Councilmember Bloom noted that the Bothell policy refers to “rare occasion.” She suggested this be defined and would like it to be limited as much as possible. She suggested putting a cap on how many times it can happen. Councilmembers recommended converting the Bothell policy to an Edmonds policy; consider what “rare occasion” means to see if it would be desired to limit how many times someone can call in; if there is a public hearing associated, being able to listen to the entire public hearing is mandatory. D. Public Comments Ken Reidy, Edmonds, commented that he believes it is important that City Council members hear public comment before a vote is taken. He wanted to thank the committee for looking at the Code of Ethics and Code of Conduct issues. As a citizen, he believes these issues need to be looked at more broadly than only boards, commissions and council. He believes it should apply to staff, Mayor and City Attorney. He has a hard time seeing how the Mayor can enforce a Code of Conduct because of his relationship with the staff. Mr. Reidy provided examples of why a Code of Conduct and Code of Ethics is important. He referred to an email from the City Attorney replying to an email from Jeannie McConnell telling her that there is no rush to respond to Mr. Reidy’s request in the email. He read an email that was sent by Mayor Haakenson to Michael Plunkett dated October 29, 2009. The email was sent from a private email account by Gary Haakenson. A summary of the email includes: The email states that the Hearing Examiner was set to hear the Reidy/Thuesen case on November 4. The email references an executive session that was scheduled related to the case and also states a full discussion agenda item was scheduled by DJ to talk about the Reidy/Thuesen issue. The email includes the statements “If he persists and puts it on the agenda, you may want to rally three other votes to remove it from the agenda on Tuesday night if you think its wise. Just trying to keep you in the loop as to what he is doing. Why he is doing it is beyond me but if he’s working with Reidy….it must be to get at you somehow.” Packet Page 314 of 317 RESOLUTION # A RESOLUTION OF THE EDMONDS CITY COUNCIL IMPLEMENTING A POLICY REGARDING COUNCILMEMBER PARTICIPATION BY SPEAKER PHONE OR OTHER TECHNOLOGY WHEREAS, the Edmonds City Council is seeking to implement a policy whereby Councilmembers can participate in a Council Meeting via speaker phone or other technology. NOW THEREFORE, BE IT RESOLVED, that a Councilmember may participate by speaker phone or other technology in all or part of a Council meeting if; 1. prior approval is given by the Council President for good cause, whose approval shall not be unreasonably withheld, 2. all persons participating in the meeting are able to hear each other at the same time, such as by the use of speaker phone or other technology; and 3. Councilmember must call in for the full meeting including audience comment; and 4. the Councilperson participating by speaker phone shall have reviewed all of the applicable material and participated in the relevant portion of the Council Meeting related to the topic to which the Councilperson is voting on. Any technical prohibitions or difficulties that prevent all parties present at the Council Meeting from adequately communicating with one another will negate any authorization previously given by the Council President. This resolution shall take effect immediately upon its adoption. Adopted this _________ of _________________________, 2013. DAVID O. EARLING, MAYOR ATTEST/AUTHENTICATED: __________________________________________ CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION N0: Packet Page 315 of 317 Edmonds City Council Approved Minutes December 10, 2013 Page 9 COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DELETE “OR THE CITY” FROM ITEM 3 IN THE FIRST SECTION. MOTION CARRIED UNANIMOUSLY. Councilmember Bloom referred to the final paragraph, “Violations of this Code of Conduct should be raised with an appropriate individual: the group leader, a relevant staff member, a City Council member or the Mayor. Persistent violations could lead to an effort to remove the individual from the group.” She recommended clarifying that this applied to a violation of the Code of Conduct by a City Board, Commission, Committee, or Work Group and not an elected official. Councilmember Johnson pointed out the resolution addresses the Code of Conduct for the Mayor, City Councilmembers, and members of all City Boards, Commissions, Committees, or Work Groups . Councilmember Bloom explained this was added at the request of Councilmember Peterson due to his interest in a means to remove a committee or board member due to a Code of Conduct violation. Councilmember Buckshnis suggested adding “with the exception of Councilmembers and the Mayor.” Council President Petso suggested deleting the phrase and revising the resolution in the future. She commented on the difficulty developing a generic phrase because all boards, commissions, committees and work groups have different processes for removal and appointment of members. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DELETE “VIOLATIONS OF THIS CODE OF CONDUCT SHOULD BE RAISED WITH AN APPROPRIATE INDIVIDUAL: THE GROUP LEADER, A RELEVANT STAFF MEMBER, A CITY COUNCIL MEMBER OR THE MAYOR. PERSISTENT VIOLATIONS COULD LEAD TO AN EFFORT TO REMOVE THE INDIVIDUAL FROM THE GROUP.” MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE RESOLUTION 1306 AS AMENDED, A RESOLUTION OF THE EDMONDS CITY COUNCIL IMPLEMENTING A CODE OF CONDUCT FOR THE MAYOR, COUNCILMEMBERS, AND ALL MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES, OR WORK GROUPS. MOTION CARRIED UNANIMOUSLY. 7. DISCUSSION AND POTENTIAL ACTION ON RESOLUTION ADOPTING POLICY REGARDING COUNCILMEMBER PARTICIPATION BY SPEAKER PHONE OR OTHER TECHNOLOGY Council President Petso relayed the Public Safety & Personnel Committee has been discussing this issue. An issue was raised whether a Councilmember may phone in and participate in only a portion of a meeting. She referred to a language added by the Committee, Item 3 highlighted on Attachment 3, “Councilmember must call in for the full meeting including audience comment, and.” She felt it was acceptable for a Councilmember to phone in as long as they participated in all relevant portions of a meeting. Councilmember Buckshnis explained she has participated in Council meetings by phone, but found it very difficult due to the 5 second delay in the video. If the consensus was to include Item 3, she preferred not to allow Councilmembers to participate by speaker phone or other technology. Council President Petso preferred to allow Councilmembers to participate by speaker phone and supported deleting Item 3. The resolution states the Councilmember must participate in the relevant portion of the Council meeting. For example, if audience comments pertained to the item and the Councilmember did not hear them, it would not be appropriate for the Councilmember to participate. Packet Page 316 of 317 Edmonds City Council Approved Minutes December 10, 2013 Page 10 Instead of requiring a Councilmember to call in for the full meeting, Councilmember Bloom suggested if there was an audience comment related to the item, the Council President be responsible for conveying the comment to the Councilmember calling in. Councilmember Johnson was opposed to allowing Councilmembers to participate via speaker phone and having their vote counted. She pointed out Council President Petso, Councilmember Bloom and she have perfect attendance. She recognized there would be times when a Councilmember was unable to attend a meeting but felt it was a Councilmember’s job to attend and participate in Council meetings. Councilmember Bloom observed without Councilmember Johnson’s vote, the resolution would not pass. Councilmember Buckshnis spoke in favor of a Councilmember participating via speaker phone; it was up to a Councilmember to decide whether they wanted to call in while on vacation, etc. She preferred to delay approval of the resolution until all Councilmembers were present. Mayor Earling commented he has served on many boards and commissions and all have allowed members to participate via phone. 8. MAYOR'S COMMENTS Mayor Earling reported the staff holiday breakfast was attended by 85-90 staff members and Councilmember Peterson. He also reported on Fire District 1’s art auction; the proceeds benefit the Edmonds 9/11 memorial. Donations are being accepted for the memorial. 9. COUNCIL COMMENTS Councilmember Bloom reminded of the Port’s Holiday Lights at the Docks through early January. The re are activities at the Edmonds marina tonight; the Seattle Christmas Ship departed from the marina at 7:00 p.m. Councilmember Buckshnis reported the Senior Center is a cold weather shelter. She relayed that Betty Mueller passed away and that former Finance Director Shawn Hunstock got married. Councilmember Johnson announced the Historic Preservation Committee’s dedication of the Larsen building, west of the library parking lot entrance on Main, on Friday at 10:00 a.m. Council President Petso offered condolences to Betty Mueller’s family. She explained Ms. Mueller was very active in the City including the bond measure to construct the Public Safety building and the Police and Fire Foundations. 10. ADJOURN With no further business, the Council meeting was adjourned to committee meetings at 7:31 p.m. Packet Page 317 of 317