Loading...
2014.02.11 CC Special and Committee Meetings Agend              AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds _____________________________________________ SPECIAL MEETING February 11, 2014 5:30 P.M. CALL TO ORDER/FLAG SALUTE             1.Roll Call   2.(30 Minutes)Convene in executive session regarding potential litigation per RCW 42.30.110(1)(i).   3.(30 Minutes)Continued Interviews to Fill Council Vacancy Position #6   4. Potential action on Appointment to Fill Council Vacancy Position #6   City Council Committee Meetings February 11, 2014     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.   5.Finance Committee Meeting Location:  Jury Meeting Room   A.(10 Minutes)Information Technology Update   B.(5 Minutes)Surplus Computer Equipment   C.(10 Minutes)2013 December Budgetary Financial Report   D.(20 Minutes)Amendment to the Public Facilities District (PFD) Interlocal Agreement and related City Financial Statement changes.   E.(10 Minutes)Public Comments (3-minute limit per person)   6.Parks, Planning & Public Works Committee Meeting Location:  Council Chamber         Packet Page 1 of 393 A.(10 Minutes)Docket of Proposed Comprehensive Plan Amendment and proposed re-zone for Unocal lower yard. [Note: this item is continued from the December 10, 2013 and January 14, 2014 Council Committee meetings.]   B.(5 Minutes)Authorization to advertise, a Request for Bid, for construction services for the Wastewater Treatment Plant Facility Upgrade.   C.(5 Minutes)Approval of Amendment of Interlocal Agreement between the City of Edmonds and the City of Lynnwood for the 76th Ave W Sewerline and Waterline Installation Project.   D.(5 Minutes)76th Ave. W at 212th St. SW Intersection Improvements project Update   E.(5 Minutes)Interlocal Agreement with the City of Mountlake Terrace to formalize roles and responsibilities in regard to Edmonds’ water, sewer, and storm utilities located within Mountlake Terrace’s right of way.   F.(5 Minutes)Authorization for Mayor to sign Interlocal Agreements with Snohomish County for 2014 Pavement Preservation Program   G.(10 Minutes)Discussion of Legal Lot Issues   H.(5 Minutes)Authorize the Mayor to sign a grant agreement with the State Recreation and Conservation Office (RCO) for $200,000 to complete the Final Feasibility Study for the Willow Creek Daylighting/Edmonds Marsh Restoration Project.   I.(10 Minutes)Authorize Mayor to sign Interlocal Agreement with Department of Fish and Wildlife   J. City Park Project Update   K.(10 Minutes)Public comments (3-minute limit per person)   7.Public Safety and Personnel Committee Meeting Location:  Police Training Room   A.(10 Minutes)Review and recommendation on ordinance enacting recreational marijuana licensing regulations.   B.(15 Minutes)Citizens' Commission on the Compensation of Elected Officials - applications for the Council appointment to the Commission   C.(5 Minutes)PC Support Technician job description   D.(15 Minutes)ECC Chapter 2.10 related to Confirmation and Duties of City Officers   E.(20 Minutes)Discussion regarding hiring a consultant to work with Council to improve council relationships.   F.(20 Minutes)Discussion regarding setting a standard process/procedure for future Council appointees.   G.(10 Minutes)Public comments (3-minute limit per person)         Packet Page 2 of 393    AM-6545     3.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:30 Minutes   Submitted For:Council President Buckshnis Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action:  Type: Information  Information Subject Title Continued Interviews to Fill Council Vacancy Position #6 Recommendation Previous Council Action 1/28/2014 Council Meeting:  The Council interviewed 14 applicants for the Council Position #6 vacancy.  The Council announced during the meeting that they would bring the following applicants (no particular order) back for a second round of interviews: 1. Neil Tibbott 2. Stephen C. Schroeder 3. Carreen Nordling Rubenkonig 4. Thomas W. Mesaros 5. Tim Healy (E-mail interview) 6. Harry Gatjens 7. Kathleen Dewhirst The Council advised that these 7 are not considered finalists because all applicants are eligible to be nominated for appointment during the February 11, 2014 Council Meeting.  The Council decided to hold a second round of  interviews with some applicants because of one or more of the following: 1) they weren’t able to ask all their questions in the time provided; 2) they wished to ask clarifying or follow up questions; 3) Councilmembers are not as familiar with them as they are with other applicants (minutes attached). 2/4/2014 Council Meeting:  The Council interviewed 6 of the candidates selected at the 1/28/2014 Council meeting with one candidate, who was out of town, being interview by e-mail (minutes not yet available at the time the agenda was prepared). Narrative Continued Interviews to Fill Council Vacancy Position #6.  Those opting  to be included in the continuing interviews are: 1. Deborah Anderson  - 6:00 p.m. 2. Alvin Rutledge - 6:20 p.m. Attachments Attachment 1 - Applicants to receive Second Interview Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/06/2014 10:59 AM Mayor Dave Earling 02/06/2014 11:22 AM Finalize for Agenda Scott Passey 02/06/2014 11:37 AM Form Started By: Jana Spellman Started On: 02/03/2014 03:43 PM Final Approval Date: 02/06/2014  Packet Page 3 of 393    AM-6561     4.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:  Submitted For:Council President Buckshnis Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action:  Type: Potential Action  Information Subject Title Potential action on Appointment to Fill Council Vacancy Position #6 Recommendation Previous Council Action Narrative During tonight's meeting, the  Council may choose to postpone appointment to fill Council Vacancy for position #6 until February 18, 2014. If the Council decides to fill the appointment this evening, the following gives information regarding the appointment process: Attached is a copy of the "Rules for Nomination/Election" used by the City Council in the most recent process for filling a City Council vacancy. At the conclusion of the nomination/election process to fill the City Council vacancy, the Oath of Office will be administered to the individual appointed to the position. The applicants are: 1.   Deborah Anderson 2.   Thomas W. Mesaros 3.   Kathleen Dewhirst 4.   Harry Gatjens 5.   Randy Hayden 6.   Tim E. Healy 7.   Philip Lopresti 8.   Steve Bernheim 9.   Carreen Nordling Rubenkonig 10. Alvin A. Rutledge 11. Timothy A. Schell 12. Stephen C. Schroeder 13. Neil Tibbott 14. Ron Wambolt Packet Page 4 of 393 Attachments Rules for Nomination/Election Applications for Edmonds City Council Position #6 Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/06/2014 11:19 AM Mayor Dave Earling 02/06/2014 11:48 AM Finalize for Agenda Scott Passey 02/06/2014 12:04 PM Form Started By: Jana Spellman Started On: 02/06/2014 10:57 AM Final Approval Date: 02/06/2014  Packet Page 5 of 393 Approved 01-20-2009 RULES FOR NOMINATION/ELECTION TO FILL COUNCIL VACANCY Nominations Each Councilmember may nominate one candidate from the list of applicants by placing an “X” beside the name of the applicant of his or her choice on the form supplied for that purpose by the City Clerk, and by signing the nomination form. The City Clerk will announce and maintain a permanent record of the nominations and of the Councilmember nominating each candidate. The Election Each Councilmember may vote for one candidate by placing an “X” beside the name of the candidate of his or her choice on the ballot supplied for that purpose by the City Clerk, and by signing the ballot. The City Clerk will announce and maintain a permanent record of each ballot and who voted for each candidate. A Deadlock A deadlock occurs after each Councilmember votes the same way on three consecutive ballots. In the event the City Council should deadlock, then previous nominations are declared null and void and the Council may begin a new round of nominations. Packet Page 6 of 393 001 Packet Page 7 of 393 002 Packet Page 8 of 393 003 Packet Page 9 of 393 004 Packet Page 10 of 393 005 Packet Page 11 of 393 006 Packet Page 12 of 393 007 Packet Page 13 of 393 008 Packet Page 14 of 393 009 Packet Page 15 of 393 010 Packet Page 16 of 393 011 Packet Page 17 of 393 012 Packet Page 18 of 393 013 Packet Page 19 of 393 014 Packet Page 20 of 393 015 Packet Page 21 of 393 016 Packet Page 22 of 393 017 Packet Page 23 of 393 018 Packet Page 24 of 393 019 Packet Page 25 of 393 020 Packet Page 26 of 393 021 Packet Page 27 of 393 022 Packet Page 28 of 393 023 Packet Page 29 of 393 024 Packet Page 30 of 393 025 Packet Page 31 of 393 026 Packet Page 32 of 393 027 Packet Page 33 of 393 028 Packet Page 34 of 393 029 Packet Page 35 of 393 030 Packet Page 36 of 393 031 Packet Page 37 of 393 032 Packet Page 38 of 393 033 Packet Page 39 of 393 034 Packet Page 40 of 393 035 Packet Page 41 of 393 036 Packet Page 42 of 393 037 Packet Page 43 of 393 038 Packet Page 44 of 393 039 Packet Page 45 of 393 040 Packet Page 46 of 393 041 Packet Page 47 of 393 042 Packet Page 48 of 393 043 Packet Page 49 of 393 044 Packet Page 50 of 393 045 Packet Page 51 of 393 046 Packet Page 52 of 393 047 Packet Page 53 of 393 048 Packet Page 54 of 393 049 Packet Page 55 of 393 050 Packet Page 56 of 393 051 Packet Page 57 of 393 052 Packet Page 58 of 393 053 Packet Page 59 of 393 054 Packet Page 60 of 393 055 Packet Page 61 of 393 056 Packet Page 62 of 393 057 Packet Page 63 of 393 058 Packet Page 64 of 393 059 Packet Page 65 of 393 060 Packet Page 66 of 393 061 Packet Page 67 of 393 062 Packet Page 68 of 393 063 Packet Page 69 of 393 064 Packet Page 70 of 393 065 Packet Page 71 of 393 066 Packet Page 72 of 393 067 Packet Page 73 of 393 068 Packet Page 74 of 393 069 Packet Page 75 of 393 070 Packet Page 76 of 393 071 Packet Page 77 of 393 072 Packet Page 78 of 393 073 Packet Page 79 of 393 074 Packet Page 80 of 393 075 Packet Page 81 of 393 076 Packet Page 82 of 393 077 Packet Page 83 of 393 078 Packet Page 84 of 393 079 Packet Page 85 of 393 080 Packet Page 86 of 393 081 Packet Page 87 of 393 082 Packet Page 88 of 393 083 Packet Page 89 of 393 084 Packet Page 90 of 393 085 Packet Page 91 of 393 086 Packet Page 92 of 393 087 Packet Page 93 of 393 088 Packet Page 94 of 393 089 Packet Page 95 of 393 090 Packet Page 96 of 393 091 Packet Page 97 of 393 092 Packet Page 98 of 393 093 Packet Page 99 of 393 094 Packet Page 100 of 393 095 Packet Page 101 of 393 096 Packet Page 102 of 393 097 Packet Page 103 of 393 098 Packet Page 104 of 393 099 Packet Page 105 of 393 100 Packet Page 106 of 393 101 Packet Page 107 of 393 102 Packet Page 108 of 393 103 Packet Page 109 of 393 104 Packet Page 110 of 393 105 Packet Page 111 of 393 106 Packet Page 112 of 393 107 Packet Page 113 of 393 108 Packet Page 114 of 393 109 Packet Page 115 of 393 110 Packet Page 116 of 393 111 Packet Page 117 of 393 112 Packet Page 118 of 393 113 Packet Page 119 of 393 114 Packet Page 120 of 393 115 Packet Page 121 of 393 116 Packet Page 122 of 393 117 Packet Page 123 of 393 118 Packet Page 124 of 393 119 Packet Page 125 of 393 120 Packet Page 126 of 393 121 Packet Page 127 of 393 122 Packet Page 128 of 393 123 Packet Page 129 of 393 124 Packet Page 130 of 393 125 Packet Page 131 of 393 126 Packet Page 132 of 393 127 Packet Page 133 of 393 128 Packet Page 134 of 393 129 Packet Page 135 of 393 130 Packet Page 136 of 393 131 Packet Page 137 of 393 132 Packet Page 138 of 393 133 Packet Page 139 of 393 134 Packet Page 140 of 393 135 Packet Page 141 of 393 136 Packet Page 142 of 393 137 Packet Page 143 of 393 138 Packet Page 144 of 393 139 Packet Page 145 of 393 140 Packet Page 146 of 393 141 Packet Page 147 of 393 142 Packet Page 148 of 393 143 Packet Page 149 of 393 144 Packet Page 150 of 393 145 Packet Page 151 of 393    AM-6533     5. A.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:10 Minutes   Submitted For:Roger Neumaier Submitted By:Roger Neumaier Department:Finance Committee: Finance Type: Information Information Subject Title Information Technology Update Recommendation Previous Council Action Narrative The purpose of this agenda item is to have the city's information technology supervisor provide an update to the Council finance committee on city information technology opportunities, areas of focus and risks. The finance department recommends that an update similar to this occur on a quarterly basis. The information technology supervisor (who will be making the presentation) and the Council finance committee should discuss future presentations’ format and timing as well as whether future updates should also take place for the full Council. The items that will be covered in this quarter’s briefing include the following: * Status of FY 2014 IT decision packages * over view of this year's strategy * potential risks for 2014/2015 (things on the radar) * discussion with committee. Set goals, expectations and frequency Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/28/2014 01:57 PM Mayor Dave Earling 01/28/2014 02:36 PM Finalize for Agenda Scott Passey 01/29/2014 07:59 AM Form Started By: Roger Neumaier Started On: 01/28/2014 12:33 PM Final Approval Date: 01/29/2014  Packet Page 152 of 393    AM-6526     5. B.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:5 Minutes   Submitted For:Roger Neumaier Submitted By:Brian Tuley Department:Finance Committee: Finance Type: Information Information Subject Title Surplus Computer Equipment Recommendation Previous Council Action Narrative Attachments Spurplus computers list Form Review Inbox Reviewed By Date City Clerk Scott Passey 01/28/2014 01:57 PM Mayor Dave Earling 01/28/2014 02:40 PM Finalize for Agenda Scott Passey 01/29/2014 07:59 AM Form Started By: Brian Tuley Started On: 01/24/2014 01:39 PM Final Approval Date: 01/29/2014  Packet Page 153 of 393 The following list of computer equipment is obsolete, non-functional or no longer of useful service to the City Of Edmonds. As such, we recommend the equipment to be donated. Model SN# HP NC6000 laptop 2UA51503FY HP Compaq dc5100 MT(EQ167US) 2UA61302YK HP Compaq dc5100 MT(EQ167US) 2UA61302YL HP Compaq dc5100 MT(EQ167US) 2UA6310WN9 HP Compaq dc5700 Microtower 2UA7010DFZ HP Compaq dc5700 Microtower 2UA7010DG2 HP Compaq dc5700 Microtower 2UA7010DG8 HP Compaq dc5700 Microtower 2UA7010DG9 HP Compaq dc5700 Microtower 2UA7010DGB HP Compaq dc5700 Microtower 2UA7010DGC HP Compaq dc5700 Microtower 2UA7010DGD HP Compaq dc5700 Microtower 2UA7010DGL HP Compaq dc5700 Microtower 2UA7010DGM HP Compaq dc5700 Microtower 2UA7010DGQ HP Compaq dc5700 Microtower 2UA7010DGW HP Compaq dc5700 Microtower 2UA7010DGX HP Compaq dc5700 Microtower 2UA7010DH2 HP Compaq dc5700 Microtower 2UA7010DH3 HP Compaq dc5700 Microtower 2UA7010DH6 HP Compaq dc5700 Microtower 2UA7010DH8 HP Compaq dc5700 Microtower 2UA7010DHC HP Compaq dc5800 Microtower 2UA85203WC HP dc5000 uT(DZ216AV) 2UB505086L HP dc5000 uT(DZ216AV) 2UB505086W HP dc5000 uT(DZ216AV) 2UB505087B HP dc5000 uT(DZ216AV) 2UB5310G6Z Panasonic CF-Y4 laptop CF- Y4HWPZZBM HP DH939U#ABA laptop CNF3502SJR HP PG526UA#ABA laptop CNF4311MLM HP PG523UA#ABA laptop CNF446056Z GN553AA-ABA m9040n CNH7400SYG GN553AA-ABA m9040n CNH7400T8G GN553AA-ABA m9040n CNH7400VNB IBM 8307-49U KCDN15H IBM 8189-D7U KCXL97C IBM 8307-25U KLGPN2F HP dc5100 uT (PZ583UA) MXL54800NL Packet Page 154 of 393 HP dc5100 uT (PZ583UA) MXL6020B42 HP Compaq dc5800 Microtower MXL81917QP HP Compaq dc5800 Microtower MXL81917QR HP Compaq dc5800 Microtower MXL81917QT HP Compaq dc5800 Microtower MXL81917QX HP Compaq dc5800 Microtower MXL81917QZ HP Compaq dc5800 Microtower MXL81917R0 HP Compaq dc5800 Microtower MXL81917R3 HP Compaq dc5800 Microtower MXL81917R5 HP Compaq dc5800 Microtower MXL81917R6 HP Compaq dc5800 Microtower MXL81917RC HP Compaq dc5800 Microtower MXL81917RF HP Compaq dc5800 Microtower MXL81917RJ HP Compaq dc5800 Microtower MXL8501HB3 HP Compaq dc5800 Microtower MXL8501HB5 HP Compaq dc5800 Microtower MXL8501HB7 Packet Page 155 of 393    AM-6559     5. C.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:10 Minutes   Submitted For:Roger Neumaier Submitted By:Sarah Mager Department:Finance Committee: Finance Type: Information Information Subject Title 2013 December Budgetary Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative Attachments Preliminary December 2013 Budgetary Financial Report Form Review Inbox Reviewed By Date Finance Debra Sharp 02/06/2014 12:22 PM City Clerk Scott Passey 02/06/2014 12:31 PM Mayor Dave Earling 02/06/2014 02:02 PM Finalize for Agenda Scott Passey 02/06/2014 02:02 PM Form Started By: Sarah Mager Started On: 02/06/2014 10:24 AM Final Approval Date: 02/06/2014  Packet Page 156 of 393 CITY OF EDMONDS BUDGETARY FINANCIAL REPORT PRELIMINARY DECEMBER 2013 Packet Page 157 of 393 1 Fund No.Title 2013 Amended Budget 12/31/2012 Revenues 12/31/2013 Revenues Amount Remaining % Received 001 GENERAL FUND 32,908,710$ 33,149,747$ 34,309,655$ (1,400,945)$ 104% 009 LEOFF-MEDICAL INS. RESERVE 350,350 600,292 350,641 (291) 100% 011 RISK MANAGEMENT FUND 668,200 244,000 702,029 (33,829) 105% 012 CONTINGENCY RESERVE FUND 123,223 5,283,425 132,539 (9,316) 108% 014 HISTORIC PRESERVATION GIFT FUND 15,000 8,783 5,278 9,722 35% 016 BUILDING MAINTENANCE 304,842 56,888 103,739 201,103 34% 104 DRUG ENFORCEMENT FUND 20,175 50,468 17,376 2,799 86% 111 STREET FUND 1,446,800 1,331,970 1,442,677 4,123 100% 112 COMBINED STREET CONST/IMPROVE 5,368,529 1,461,228 1,487,148 3,881,381 28% 117 MUNICIPAL ARTS ACQUIS. FUND 69,885 76,831 65,521 4,364 94% 118 MEMORIAL STREET TREE 27 160 32 (5) 118% 120 HOTEL/MOTEL TAX REVENUE FUND 52,870 61,852 64,058 (11,188) 121% 121 EMPLOYEE PARKING PERMIT FUND 18,120 20,337 17,502 618 97% 122 YOUTH SCHOLARSHIP FUND 2,025 2,786 1,490 535 74% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 17,147 28,581 (9,581) 150% 125 REAL ESTATE EXCISE TAX 2 777,832 1,005,772 906,778 (128,946) 117% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 650,600 756,222 896,004 (245,404) 138% 127 GIFTS CATALOG FUND 36,483 38,694 37,802 (1,319) 104% 129 SPECIAL PROJECTS FUND 222,800 109,759 308,748 (85,948) 139% 130 CEMETERY MAINTENANCE/IMPROVEMT 119,950 141,225 152,452 (32,502) 127% 131 FIRE DONATIONS - - - - 0% 132 PARKS CONSTRUCTION FUND 2,008,350 1,086,112 222,863 1,785,487 11% 136 PARKS TRUST FUND 228 193 443 (215) 195% 137 CEMETERY MAINTENANCE TRUST FD 14,600 16,658 17,642 (3,042) 121% 138 SISTER CITY COMMISSION 9,367 2,779 9,568 (201) 102% 139 TRANSPORTATION BENEFIT DISTRICT 685,000 645,558 650,836 34,164 95% 211 L.I.D. FUND CONTROL 22,130 26,811 30,474 (8,344) 138% 213 L.I.D. GUARANTY FUND 22,230 128,338 22,189 41 100% 231 2012 LT GO DEBT SERVICE FUND 1,009,902 9,347,579 1,009,901 1 100% 411 COMBINED UTILITY OPERATION - N/A - - 0% 421 WATER UTILITY FUND 21,118,645 N/A 16,628,039 4,490,606 79% 422 STORM UTILITY FUND 5,240,817 N/A 5,268,972 (28,155) 101% 423 SEWER/WWTP UTILITY FUND 28,202,688 N/A 26,226,979 1,975,709 93% 424 BOND RESERVE FUND 1,115,174 N/A 1,115,169 5 100% 511 EQUIPMENT RENTAL FUND 1,361,972 1,191,444 1,428,780 (66,808) 105% 617 FIREMEN'S PENSION FUND 45,400 92,962 49,846 (4,446) 110% 104,031,924$ 56,956,020$ 93,711,751$ 10,320,173$ 90% 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 158 of 393 2 Fund No.Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent 001 GENERAL FUND 33,475,370$ 34,026,011$ 32,241,507$ 1,233,863$ 96% 009 LEOFF-MEDICAL INS. RESERVE 619,400 533,629 297,265 322,135 48% 011 RISK MANAGEMENT RESERVE FUND 661,000 - 558,835 102,165 85% 014 HISTORIC PRESERVATION GIFT FUND 15,000 7,719 5,280 9,720 35% 016 BUILDING MAINTENANCE 477,850 55,101 556,290 (78,440) 116% 104 DRUG ENFORCEMENT FUND 80,533 56,507 60,063 20,470 75% 111 STREET FUND 1,557,715 1,609,872 1,365,167 192,548 88% 112 COMBINED STREET CONST/IMPROVE 5,508,244 2,361,769 2,027,056 3,481,188 37% 117 MUNICIPAL ARTS ACQUIS. FUND 149,794 57,386 63,907 85,887 43% 118 MEMORIAL STREET TREE - 137 - - 0% 120 HOTEL/MOTEL TAX REVENUE FUND 68,500 49,848 61,330 7,170 90% 121 EMPLOYEE PARKING PERMIT FUND 27,386 26,422 27,283 103 100% 122 YOUTH SCHOLARSHIP FUND 4,000 3,375 3,579 421 89% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 21,398 17,140 1,860 90% 125 REAL ESTATE EXCISE TAX 2 1,521,732 457,520 191,213 1,330,519 13% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 668,534 673,802 468,534 200,000 70% 127 GIFTS CATALOG FUND 43,317 16,207 28,625 14,692 66% 129 SPECIAL PROJECTS FUND 222,800 255,408 170,097 52,703 76% 130 CEMETERY MAINTENANCE/IMPROVEMT 152,761 173,345 134,598 18,163 88% 132 PARKS CONSTRUCTION FUND 2,091,200 486,554 273,149 1,818,051 13% 136 PARKS TRUST FUND - 6,930 - - 0% 138 SISTER CITY COMMISSION 18,149 4,259 16,062 2,087 89% 139 TRANSPORTATION BENEFIT DISTRICT 685,000 645,558 650,836 34,164 95% 211 L.I.D. FUND CONTROL 22,130 128,184 22,130 - 100% 213 L.I.D. GUARANTY FUND - 244,000 - - 0% 231 2012 LT GO DEBT SERVICE FUND 1,009,902 9,362,977 1,009,901 1 100% 421 WATER UTILITY FUND 14,884,527 N/A 12,895,846 1,988,681 87% 422 STORM UTILITY FUND 5,642,242 N/A 4,112,355 1,529,887 73% 423 SEWER/WWTP UTILITY FUND 27,189,082 N/A 22,100,806 5,088,276 81% 424 BOND RESERVE FUND 272,659 N/A 271,210 1,449 99% 511 EQUIPMENT RENTAL FUND 1,095,372 1,390,614 885,585 209,787 81% 617 FIREMEN'S PENSION FUND 108,790 89,480 75,551 33,239 69% 98,291,989$ 52,744,012$ 80,591,202$ 17,700,787$ 82% 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 159 of 393 3 Page 1 of 3 Title 2013 Amended Budget 12/31/2012 Revenues 12/31/2013 Revenues Amount Remaining % Received TAXES: REAL PERSONAL / PROPERTY TAX 9,781,109$ 9,544,849$ 9,840,931$ (59,822)$ 101% EMS PROPERTY TAX 2,775,282 2,960,730 2,794,788 (19,506) 101% VOTED PROPERTY TAX 916,103 939,628 923,225 (7,122) 101% LOCAL RETAIL SALES/USE TAX 4,913,150 4,993,212 5,325,287 (412,137) 108% NATURAL GAS USE TAX 8,706 7,893 9,552 (846) 110% 1/10 SALES TAX LOCAL CRIM JUST 520,417 534,047 574,838 (54,421) 110% ELECTRIC UTILITY TAX 1,475,638 1,507,842 1,520,457 (44,819) 103% GAS UTILITY TAX 811,174 795,268 689,795 121,379 85% SOLID WASTE UTILITY TAX 287,710 290,523 302,507 (14,797) 105% WATER UTILITY TAX 904,613 819,466 938,649 (34,036) 104% SEWER UTILITY TAX 470,000 445,414 473,465 (3,465) 101% STORMWATER UTILITY TAX 274,600 252,856 286,574 (11,974) 104% T.V. CABLE UTILITY TAX 730,910 706,548 805,715 (74,805) 110% TELEPHONE UTILITY TAX 1,529,498 1,523,015 1,384,900 144,598 91% PULLTABS TAX 61,385 57,510 54,229 7,156 88% AMUSEMENT GAMES 731 - 136 595 19% LEASEHOLD EXCISE TAX 212,350 223,499 227,635 (15,285) 107% PENALTIES ON GAMBLING TAXES - - - - 0% 25,673,376 25,602,300 26,152,682 (479,306) 102% LICENSES AND PERMITS: FIRE PERMITS-SPECIAL USE 5,555 5,463 5,150 405 93% PROF AND OCC LICENSE-TAXI 1,030 510 630 400 61% AMUSEMENTS 6,060 5,475 4,700 1,360 78% FRANCHISE AGREEMENT-COMCAST 627,816 634,367 668,920 (41,104) 107% FRANCHISE FEE-EDUCATION/GOVERNMENT - - 33,222 (33,222) 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 106,297 106,907 110,511 (4,214) 104% DEV SERV PERMIT SURCHARGE 18,422 23,850 26,565 (8,143) 144% NON-RESIDENT BUS LICENSE 39,274 52,900 67,650 (28,376) 172% RIGHT OF WAY FRANCHISE FEE 9,500 9,308 9,773 (273) 103% BUILDING STRUCTURE PERMITS 345,436 346,724 479,193 (133,757) 139% ANIMAL LICENSES 13,205 14,429 10,225 2,980 77% STREET AND CURB PERMIT 50,000 69,209 44,909 5,091 90% OTR NON-BUS LIC/PERMITS 7,070 9,575 9,965 (2,895) 141% 1,548,173 1,632,119 1,836,684 (288,511) 119% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 1,191 4,804 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 - - 2,047 (2,047) 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 301,761 397,007 357,761 (56,000) 119% SHARED COURT COSTS 3,030 1,500 - 3,030 0% MUNICIPAL COURT AGREEMENT W/LYNNWOOD 1,500 750 - 1,500 0% 626,962 805,287 700,304 (74,842) 112% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 160 of 393 4 Page 2 of 3 Title 2013 Amended Budget 12/31/2012 Revenues 12/31/2013 Revenues Amount Remaining % Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,065 955 1,629 (564) 153% CIVIL PROBATE FILINGS - - 16 (16) 0% D/M COURT REC SER 172 153 71 101 41% MUNIC.-DIST. COURT CURR EXPEN 188 339 256 (68) 136% SALE MAPS & BOOKS 72 106 192 (120) 266% CLERKS TIME FOR SALE OF PARKING PERMITS 25,086 - 25,086 - 100% BID SUPPLIES REIMBURSEMENT - - 487 (487) 0% PHOTOCOPIES 4,572 3,218 1,894 2,678 41% POLICE DISCLOSURE REQUESTS 4,500 4,029 4,484 16 100% ASSESSMENT SEARCH 5 10 - 5 0% ENGINEERING FEES AND CHARGES 100,000 120,906 201,584 (101,584) 202% ELECTION CANDIDATE FILING FEES 1,011 - 1,460 (449) 144% SNO-ISLE 57,236 56,174 57,892 (656) 101% GENERAL MAINTENANCE SERVICES - - 360 (360) 0% PASSPORTS AND NATURALIZATION FEES 9,571 11,950 11,825 (2,254) 124% POLICE SERVICES SPECIAL EVENTS 26,000 28,605 27,797 (1,797) 107% OCDETF OVERTIME 3,117 2,439 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 2,500 250 91% DRE REIMBURSEABLE - - 709 (709) 0% DUI EMERGENCY FIRE SERVICES 532 551 617 (85) 116% FIRE DISTRICT #1 STATION BILLINGS 27,808 52,278 50,770 (22,962) 183% ADULT PROBATION SERVICE CHARGE 60,000 63,279 71,171 (11,171) 119% ELECTRONIC MONITOR DUI 165 82 590 (425) 358% BOOKING FEES 5,711 5,436 6,529 (818) 114% FIRE CONSTRUCTION INSPECTION FEES 5,577 4,635 7,100 (1,523) 127% EMERGENCY SERVICE FEES 23,976 19,859 17,644 6,332 74% DUI EMERGENCY AID 67 33 - 67 0% EMS TRANSPORT USER FEE 814,318 757,957 818,053 (3,735) 100% POLICE - FINGERPRINTING 496 286 315 181 64% CRIM CNV FEE DUI 698 683 600 98 86% CRIM CONV FEE CT 4,360 4,695 4,188 172 96% CRIM CONV FEE CN 1,624 1,851 1,717 (93) 106% FIBER SERVICES 36,438 44,001 23,880 12,558 66% INTERGOVERNMENTAL FIBER SERVICES 7,272 9,186 7,200 72 99% FLEX FUEL PAYMENTS FROM STATIONS 213 461 1,178 (965) 553% ANIMAL CONTROL SHELTER 6,616 6,715 6,075 541 92% ZONING/SUBDIVISION FEE 38,000 46,887 79,891 (41,891) 210% PLAN CHECKING FEES 216,457 199,513 292,628 (76,171) 135% FIRE PLAN CHECK FEES 2,911 1,243 2,400 511 82% PLANNING 1% INSPECTION FEE 1,200 732 966 234 81% S.E.P.A. REVIEW 5,000 2,910 6,305 (1,305) 126% CRITICAL AREA STUDY 12,000 15,035 19,685 (7,685) 164% DV COORDINATOR SERVICES 10,921 10,760 10,164 757 93% SWIM POOL ENTRANCE FEES 56,000 59,582 63,844 (7,844) 114% GYM AND WEIGHTROOM FEES 5,500 5,362 4,608 892 84% LOCKER FEES 300 303 439 (139) 146% SWIM CLASS FEES 32,000 28,625 30,132 1,868 94% INTERGOVERNMENTAL REVENUE-SSCCFH 69,300 69,300 - 69,300 0% PROGRAM FEES 780,000 691,575 709,193 70,807 91% TAXABLE RECREATION ACTIVITIES 115,500 137,767 128,796 (13,296) 112% 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 1,563,831 1,759,729 (239,481) 116% 4,176,428 4,096,156 4,545,403 (368,975) 109% CITY OF EDMONDS REVENUES - GENERAL FUND Packet Page 161 of 393 5 Page 3 of 3 Title 2013 Amended Budget 12/31/2012 Revenues 12/31/2013 Revenues Amount Remaining % Received FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 10,214 10,414 13,033 (2,819) 128% TRAFFIC INFRACTION PENALTIES 24,000 31,223 33,785 (9,785) 141% NC TRAFFIC INFRACTION 213,000 273,127 301,015 (88,015) 141% CRT COST FEE CODE LEG ASSESSMENT (LGA)20,086 20,320 26,130 (6,044) 130% SPEEDING DOUBLE 77 38 297 (220) 386% NON-TRAFFIC INFRACTION PENALTIES 2,034 900 298 1,736 15% OTHER INFRACTIONS '04 1,002 1,066 1,504 (502) 150% PARKING INFRACTION PENALTIES 31,592 37,001 49,789 (18,197) 158% PR-HANDICAPPED 794 - - 794 0% PARKING INFRACTION LOC 404 40 - 404 0% PARK/INDDISZONE 3,000 2,958 2,972 28 99% DWI PENALTIES 9,200 9,445 7,485 1,715 81% DUI - DP ACCT 415 1,851 2,927 (2,512) 705% OTHER CRIMINAL TRAF MISDEM PEN 8 404 - 8 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 33,000 36,413 40,971 (7,971) 124% CRIMINAL CONVICTION FEE CT - - 1,030 (1,030) 0% OTHER NON-TRAF MISDEMEANOR PEN 539 243 84 455 16% OTHER NON TRAFFIC MISD. 8/03 14,000 14,073 6,357 7,643 45% COURT DV PENALTY ASSESSMENT 1,491 1,213 1,916 (425) 129% CRIMINAL CONVICTION FEE CN - - 472 (472) 0% CRIMINAL COSTS-RECOUPMENTS 113,265 122,545 113,712 (447) 100% PUBLIC DEFENSE RECOUPMENT 40,000 33,037 29,431 10,569 74% COURT INTERPRETER COSTS 292 157 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% 526,342 602,468 639,896 (113,554) 122% MISCELLANEOUS: INVESTMENT INTEREST 8,000 5,436 5,483 2,517 69% INTEREST ON COUNTY TAXES 1,250 1,137 1,601 (351) 128% INTEREST - COURT COLLECTIONS 5,491 5,724 5,127 364 93% PARKING 8,790 12,187 10,720 (1,930) 122% SPACE/FACILITIES RENTALS 140,000 145,720 163,970 (23,970) 117% BRACKET ROOM RENTAL 3,040 4,585 7,505 (4,465) 247% LEASES LONG-TERM 143,000 159,588 167,018 (24,018) 117% VENDING MACHINE/CONCESSION 4,500 6,698 7,291 (2,791) 162% OTHER RENTS & USE CHARGES 6,200 5,745 8,906 (2,706) 144% DONATION/CONTRIBUTION - - 125 (125) 0% PARKS DONATIONS 4,300 18,993 11,587 (7,287) 269% BIRD FEST CONTRIBUTIONS 1,400 1,369 1,448 (48) 103% POLICE CONTRIUBTIONS FROM PRIV SOURCES 9,231 1,000 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 2,065 3,205 (1,455) 183% CONFISCATED AND FORFEITED PROPERTY - 1,034 6,296 (6,296) 0% OTHER JUDGEMENT SETTLEMENT - - 6,367 (6,367) 0% POLICE JUDGMENTS/RESTITUTION 465 170 170 295 37% CASHIER'S OVERAGES/SHORTAGES 44 6 75 (31) 171% OTHER MISC REVENUES 3,000 5,656 1,048 1,952 35% SMALL OVERPAYMENT 66 113 55 11 83% NSF FEES - PARKS & REC 182 180 210 (28) 115% NSF FEES - MUNICIPAL COURT 978 828 841 137 86% 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% 344,632 379,404 421,035 (76,403) 122% TRANSFERS-IN: INSURANCE RECOVERIES - - 854 (854) 0% INTERFUND TRANSFER-IN (from 121)- 32,016 - - 0% INTERFUND TRANSFER - In (From 104)500 - 500 - 100% INTERFUND TRANSFER (From 127)12,297 - 12,297 (0) 100% 12,797 32,016 13,651 (854) 107% TOTAL GENERAL FUND REVENUE 32,908,710$ 33,149,750$ 34,309,656$ (1,402,446)$ 104% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 162 of 393 6 Page 1 of 6 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent GENERAL FUND EXPENDITURES (001) SALARIES AND WAGES 12,084,617$ 12,082,826$ 11,918,929$ 165,688$ 99% OVERTIME 426,820 399,067 426,439 381 100% HOLIDAY BUY BACK 193,388 185,942 175,302 18,086 91% BENEFITS 4,120,688 4,128,119 4,176,225 (55,537) 101% UNIFORMS 61,110 51,871 46,721 14,389 76% SUPPLIES 384,647 443,744 307,615 77,032 80% SMALL EQUIPMENT 118,955 129,823 107,568 11,387 90% PROFESSIONAL SERVICES 2,105,165 1,528,775 1,692,700 412,465 80% COMMUNICATIONS 204,660 187,996 186,954 17,706 91% TRAVEL 36,742 21,827 19,016 17,726 52% ADVERTISING 40,865 56,328 34,553 6,312 85% RENTAL/LEASE 834,943 137,540 835,906 (963) 100% INSURANCE 396,193 420,109 399,287 (3,094) 101% UTILITIES 429,600 413,508 451,498 (21,898) 105% REPAIRS & MAINTENANCE 348,366 333,396 268,182 80,184 77% MISCELLANEOUS 282,248 277,316 288,571 (6,323) 102% INTERGOVERNMENTAL SERVICES 8,099,655 7,951,503 7,904,342 195,313 98% ECA CONTINGENCY RESERVE 190,000 250,000 180,000 10,000 95% EXCISE TAXES 5,500 6,452 5,280 220 96% INTERFUND TRANSFER 1,575,185 3,014,159 1,521,587 53,598 97% MACHINERY/EQUIPMENT 85,000 13,097 36,779 48,221 43% GENERAL OBLIGATION BOND PRINCIPAL 946,595 1,084,062 946,595 0 100% CAPITAL LEASES AND INSTALLMENT PURCHASES 64,014 63,380 64,014 0 100% OTHER DEBT - - 478 (478) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 185,614 290,693 185,613 1 100% DEBT ISSUE COSTS 5,000 1,125 - 5,000 0% INTERFUND SERVICES 201,800 123,093 13,353 188,447 7% INTERFUND RENTAL 48,000 430,260 48,000 - 100% 33,475,370$ 34,026,011$ 32,241,507$ 1,233,863$ 96% LEOFF-MEDICAL INS. RESERVE (009) BENEFITS 435,000$ 351,587$ 188,768$ 246,232$ 43% IN HOME LTC CLAIMS 176,400 174,607 102,167 74,233 58% PROFESSIONAL SERVICES 8,000 7,186 6,081 1,919 76% MISCELLANEOUS - 250 250 (250) 0% 619,400$ 533,630$ 297,265$ 322,135$ 48% 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 1,325 - 2,000 0% ADVERTISING 1,000 - - 1,000 0% MISCELLANEOUS 10,000 6,394 5,280 4,720 53% 15,000$ 7,719$ 5,280$ 9,720$ 35% BUILDING MAINTENANCE SUBFUND (016) SUPPLIES 10,000$ 573$ 965$ 9,035$ 10% PROFESSIONAL SERVICES 20,000 14,275 127,592 (107,592) 638% REPAIRS & MAINTENANENCE 277,850 40,253 425,869 (148,019) 153% MISCELLANEOUS - - 1,865 (1,865) 0% CONSTRUCTION PROJECTS 170,000 - - 170,000 0% 477,850$ 55,101$ 556,290$ (246,575)$ 116% DRUG ENFORCEMENT FUND (104) SUPPLIES -$ -$ -$ -$ 0% FUEL CONSUMED 2,000 2,615 5,102 (3,102) 255% SMALL EQUIPMENT 5,000 1,761 6,182 (1,182) 124% COMMUNICATIONS 2,233 2,761 3,471 (1,238) 155% REPAIR/MAINT 800 - 20 780 3% MISCELLANEOUS 20,000 10,000 5,000 15,000 25% INTERGOVTL SVC 50,000 39,370 39,789 10,211 80% INTERFUND TRANSFER 500 - 500 - 100% 80,533$ 56,507$ 60,063$ 20,470$ 75% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 163 of 393 7 Page 2 of 6 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent STREET FUND (111) SALARIES AND WAGES 447,655$ 504,884$ 432,354$ 15,301$ 97% OVERTIME 18,400 27,174 17,790 610 97% BENEFITS 197,283 221,797 191,711 5,572 97% UNIFORMS 6,000 5,090 4,146 1,854 69% SUPPLIES 240,000 195,963 147,339 92,661 61% SMALL EQUIPMENT 26,000 14,629 1,981 24,019 8% PROFESSIONAL SERVICES 3,700 20,654 4,576 (876) 124% COMMUNICATIONS 3,500 3,286 3,139 361 90% TRAVEL 1,000 835 693 307 69% ADVERTISING 350 - - 350 0% RENTAL/LEASE 159,134 4,359 159,178 (44) 100% INSURANCE 87,204 93,305 87,201 3 100% UTILITIES 267,750 247,428 249,002 18,748 93% REPAIRS & MAINTENANCE 54,000 18,037 29,154 24,846 54% MISCELLANEOUS 8,000 6,943 1,400 6,600 18% INTERGOVERNMENTAL SERVICES 4,000 3,006 1,764 2,236 44% INTERFUND TRANSFER 28,650 6,600 28,649 1 100% GENERAL OBLIGATION BOND PRINCIPAL 3,015 38,954 3,015 - 100% INTEREST ON LONG-TERM EXTERNAL DEBT 2,074 5,987 2,074 (0) 100% INTEREFUND RENTAL - 190,944 - - 0% 1,557,715$ 1,609,875$ 1,365,167$ 192,548$ 88% COMBINED STREET CONST/IMPROVE (112) PROFESSIONAL SERVICES 1,272,100$ 1,046,547$ 956,128$ 315,972$ 75% 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 1,045,215 779,324 1,739,808 31% INTERGOVERNMENTAL LOANS 72,203 72,201 72,201 2 100% INTEREST ON INTERGOVERNMENTAL LOANS 4,481 4,840 4,479 2 100% INTERFUND SERVICES 326,000 139,468 146,999 179,001 45% 5,508,244$ 2,361,768$ 2,027,056$ 3,481,188$ 37% MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES 6,970$ 3,444$ 6,334$ 636$ 91% SMALL EQUIPMENT 1,000 523 723 277 72% PROFESSIONAL SERVICES 119,533 42,860 41,817 77,716 35% TRAVEL 50 10 67 (17) 134% ADVERTISING 4,000 4,000 3,775 225 94% RENTAL/LEASE 4,831 - 4,281 550 89% REPAIRS & MAINTENANCE 300 - - 300 0% MISCELLANEOUS 10,110 6,550 6,910 3,200 68% INTERFUND TRANSFER 3,000 - - 3,000 0% 149,794$ 57,387$ 63,907$ 85,887$ 43% HOTEL/MOTEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES 14,500$ 12,804$ 20,373$ (5,873)$ 141% ADVERTISING 37,500 26,599 26,801 10,699 71% MISCELLANEOUS 2,500 1,446 157 2,343 6% INTERFUND TRANSFERS 4,000 9,000 4,000 - 100% CONSTRUCTION PROJECTS 10,000 - 10,000 - 100% 68,500$ 49,849$ 61,330$ 7,170$ 90% EMPLOYEE PARKING PERMIT FUND (121) SUPPLIES 1,640$ 1,336$ 1,642$ (2)$ 100% SMALL EQUIPMENT 660 - 555 105 84% PROFESSIONAL SERVICES 25,086 - 25,086 - 100% INTERFUND TRANSFER - 25,086 - - 0% 27,386$ 26,422$ 27,283$ 103$ 100% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS 4,000$ 3,375$ 3,579$ 421$ 89% 4,000$ 3,375$ 3,579$ 421$ 89% TOURISM PROMOTIONAL FUND/ARTS (123) PROFESSIONAL SVC 10,500$ 14,038$ 10,247$ 253$ 98% ADVERTISING 4,500 3,918 3,905 595 87% MISCELLANEOUS 4,000 3,442 2,989 1,011 75% 19,000$ 21,398$ 17,140$ 1,860$ 90% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 164 of 393 8 Page 3 of 6 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent REAL ESTATE EXCISE TAX 2 (125) SUPPLIES 29,000$ 43,622$ 136,991$ (107,991)$ 472% PROFESSIONAL SERVICES 337,000 109,651 20,214 316,786 6% ADVERTISING - - 379 (379) 0% RENTAL/LEASE - - 3,399 (3,399) 0% UTILITIES - 30,000 - - 0% REPAIRS & MAINTENANCE 305,000 1,544 30,229 274,771 10% INTERFUND TRANSFER 750,732 172,500 - 750,732 0% CONSTRUCTION PROJECTS 100,000 100,203 - 100,000 0% INTERFUND SERVICES - - - - 0% 1,521,732$ 457,520$ 191,213$ 1,330,519$ 13% REAL ESTATE EXCISE TAX 1, PARKS ACQ (126) MISCELLANEOUS -$ -$ -$ -$ 0% INTERFUND TRANSFER 438,910 52,196 438,910 0 100% LAND 200,000 - - 200,000 0% GENERAL OBLIGATION BONDS 17,550 502,163 17,550 - 100% INTEREST 12,074 119,443 12,074 0 100% 668,534$ 673,802$ 468,534$ 200,000$ 70% GIFTS CATALOG FUND (127) SUPPLIES 22,020$ 12,907$ 9,775$ 12,245$ 44% PROFESSIONAL SERVICES 9,000 3,300 6,553 2,447 73% INTERFUND TRANSFER 12,297 - 12,297 - 100% 43,317$ 16,207$ 28,625$ 14,692$ 66% SPECIAL PROJECTS FUND (129) PROFESSIONAL SERVICES 31,700$ 89,744$ 27,150$ 4,550$ 86% CONSTRUCTION PROJECTS 171,600 142,812 114,251 57,349 67% INTERFUND SERVICES 19,500 22,853 28,696 (9,196) 147% 222,800$ 255,409$ 170,097$ 52,703$ 76% CEMETERY MAINTENANCE/IMPROVEMENT (130) SALARIES AND WAGES 68,605$ 70,445$ 68,794$ (189)$ 100% OVERTIME 3,500 3,023 2,589 911 74% BENEFITS 33,188 33,028 31,626 1,562 95% UNIFORMS 1,000 - - 1,000 0% SUPPLIES 7,000 3,425 5,065 1,935 72% SUPPLIES PURCHASED FOR INVENTORY/RESALE 20,000 27,943 13,110 6,890 66% PROFESSIONAL SERVICES 1,000 200 200 800 20% COMMUNICATIONS 1,412 1,281 1,419 (7) 100% TRAVEL 500 - - 500 0% ADVERTISING 3,000 3,339 3,818 (818) 127% RENTAL/LEASE 5,256 - 5,256 - 100% UTILITIES 3,800 2,675 130 3,670 3% REPAIRS & MAINTENANCE 500 - - 500 0% MISCELLANEOUS 4,000 3,391 2,590 1,410 65% MACHINERY/EQUIPMENT - 17,336 - - 0% INTERFUND RENTAL - 7,260 - - 0% 152,761$ 173,346$ 134,598$ 18,163$ 88% PARKS CONSTRUCTION FUND (132) SUPPLIES -$ 75,671$ -$ -$ 0% PROFESSIONAL SERVICES 1,918,500 76,946 280,226 1,638,274 15% INTERFUND TRANSFER - 85,143 - - 0% CONSTRUCTION PROJECTS 169,700 228,399 (8,190) 177,890 -5% INTERFUND SERVICES 3,000 20,395 1,114 1,886 37% 2,091,200$ 486,554$ 273,149$ 1,818,051$ 13% 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 17,649 2,907 15,840 1,809 90% 18,149$ 4,259$ 16,062$ 2,087$ 89% TRANSPORTATION BENEFIT DISTRICT (139) PROFESSIONAL SERVICES -$ 1,798$ 1,756$ (1,756)$ 0% INSURANCE 5,000 5,000 5,000 - 100% INTERFUND TRANSFER 680,000 588,824 44,277 635,723 7% INTERGOVTL SERVICES - 49,936 599,803 (599,803) 0% 685,000$ 645,558$ 650,836$ 34,164$ 95% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 165 of 393 9 Page 4 of 6 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent LID FUND CONTROL (211) INTERFUND TRANSFER 22,130$ 128,184$ 22,130$ -$ 100% 22,130$ 128,184$ 22,130$ -$ 100% 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND 825,372$ 9,227,996$ 825,373$ (1)$ 100% INTEREST 184,530 15,890 184,528 2 100% DEBT ISSUE COSTS - 119,091 - - 0% 1,009,902$ 9,362,977$ 1,009,901$ 1$ 0% WATER FUND (421) SALARIES AND WAGES 756,455$ N/A 718,884$ 37,571$ 95% OVERTIME 24,180 N/A 23,408 772 97% BENEFITS 277,956 N/A 305,808 (27,852) 110% UNIFORMS 6,840 N/A 3,859 2,981 56% SUPPLIES 143,505 N/A 132,080 11,425 92% FUEL CONSUMED - N/A - - 0% WATER PURCHASED FOR RESALE 1,725,000 N/A 1,499,289 225,711 87% SUPPLIES PURCHASED FOR INVENTORY/RESALE 140,000 N/A 120,428 19,572 86% SMALL EQUIPMENT 10,400 N/A 6,669 3,731 64% PROFESSIONAL SERVICES 178,136 N/A 370,492 (192,356) 208% COMMUNICATIONS 30,280 N/A 29,974 306 99% TRAVEL 3,400 N/A 54 3,346 2% ADVERTISING 560 N/A - 560 0% RENTAL/LEASE 91,205 N/A 94,450 (3,245) 104% INSURANCE 67,699 N/A 67,607 92 100% UTILITIES 28,000 N/A 33,590 (5,590) 120% REPAIRS & MAINTENANCE 42,743 N/A 3,497 39,246 8% MISCELLANEOUS 307,630 N/A 347,899 (40,269) 113% INTERGOVERNMENTAL SERVICES 30,000 N/A 25,444 4,556 85% INTERFUND TAXES 904,893 N/A 938,649 (33,756) 104% INTERFUND TRANSFER 5,402,179 N/A 5,397,176 5,003 100% MACHINERY/EQUIPMENT 85,000 N/A 49,849 35,151 59% CONSTRUCTION PROJECTS 3,697,520 N/A 1,720,026 1,977,494 47% GENERAL OBLIGATION BONDS 2,025 N/A 2,025 - 100% REVENUE BONDS 209,471 N/A 209,471 1 100% INTERGOVERNMENTAL LOANS 45,839 N/A 45,839 0 100% INTEREST 280,306 N/A 280,305 1 100% 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 446,453 (92,085) 126% INTERFUND REPAIR - N/A 64 (64) 0% 14,884,527$ 12,895,846$ 1,988,746$ 87% 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 166 of 393 10 Page 5 of 6 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent STORM FUND (422) SALARIES AND WAGES 568,591$ N/A 526,084$ 42,507$ 93% OVERTIME 6,000 N/A 15,495 (9,495) 258% BENEFITS 224,231 N/A 226,528 (2,297) 101% UNIFORMS 6,540 N/A 5,820 720 89% SUPPLIES 50,000 N/A 40,356 9,644 81% SMALL EQUIPMENT 4,400 N/A 3,118 1,282 71% PROFESSIONAL SERVICES 729,578 N/A 751,536 (21,958) 103% COMMUNICATIONS 3,480 N/A 2,304 1,176 66% TRAVEL 4,300 N/A 864 3,436 20% ADVERTISING 500 N/A - 500 0% RENTAL/LEASE 217,412 N/A 215,042 2,370 99% INSURANCE 8,418 N/A 8,407 11 100% UTILITES 10,000 N/A 8,738 1,262 87% REPAIR & MAINTENANCE 30,443 N/A 6,429 24,014 21% MISCELLANEOUS 106,100 N/A 101,133 4,967 95% INTERGOVERNMENTAL SERVICES 45,000 N/A 32,162 12,838 71% INTERFUND TAXES AND OPERATING ASSESSMENT 291,600 N/A 286,574 5,026 98% INTERFUND TRANSFER 920,902 N/A 911,635 9,267 99% CONSTRUCTION PROJECTS 1,706,900 N/A - 1,706,900 0% GENERAL OBLIGATION BONDS 101,469 N/A 101,469 - 100% REVENUE BONDS 82,906 N/A 82,905 1 100% INTERGOVERNMENTAL LOANS 32,063 N/A 32,063 1 100% INTEREST 187,245 N/A 187,244 1 100% OTHER INTEREST & DEBT SERVICE COSTS 3,773 N/A 3,856 (83) 102% INTERFUND PROFESSIONAL SERVICES 300,391 N/A 562,595 (262,204) 187% 5,642,242$ 4,112,355$ 1,529,887$ 73% SEWER FUND (423) SALARIES AND WAGES 1,653,859$ N/A 1,520,375$ 133,484$ 92% OVERTIME 73,000 N/A 92,846 (19,846) 127% BENEFITS 670,069 N/A 645,686 24,383 96% UNIFORMS 11,190 N/A 7,907 3,283 71% SUPPLIES 482,505 N/A 286,908 195,597 59% FUEL CONSUMED 90,000 N/A 133,031 (43,031) 148% SUPPLIES PURCHASED FOR INV OR RESALE 3,000 N/A - 3,000 0% SMALL EQUIPMENT 16,400 N/A 18,515 (2,115) 113% PROFESSIONAL SERVICES 1,152,083 N/A 1,031,806 120,277 90% COMMUNICATIONS 40,280 N/A 37,689 2,591 94% TRAVEL 7,400 N/A 380 7,020 5% ADVERTISING 2,500 N/A 145 2,355 6% RENTAL/LEASE 133,736 N/A 131,766 1,970 99% INSURANCE 157,117 N/A 156,092 1,025 99% UTILITIES 931,200 N/A 892,214 38,986 96% REPAIR & MAINTENANCE 127,165 N/A 144,082 (16,917) 113% MISCELLANEOUS 211,100 N/A 216,119 (5,019) 102% INTERGOVERNMENTAL SERVICES 290,000 N/A 106,951 183,049 37% INTERFUND TAXES AND OPERATING ASSESSMENT 470,000 N/A 473,465 (3,465) 101% INTERFUND TRANSFERS 10,081,639 N/A 9,706,173 375,466 96% MACHINERY/EQUIPMENT 141,000 N/A - 141,000 0% CONSTRUCTION PROJECTS 9,104,110 N/A 5,270,094 3,834,016 58% GENERAL OBLIGATION BONDS 189,978 N/A 116,553 73,425 61% REVENUE BONDS 222,625 N/A 222,624 1 100% INTERGOVERNMENTAL LOANS 143,620 N/A 143,620 (0) 100% INTEREST 131,249 N/A 131,245 4 100% 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 577,361 21,228 96% 27,189,082$ 22,100,806$ 5,088,276$ 81% BOND RESERVE FUND (424) OTHER INTEREST & DEBT SERVICE COSTS 83,542$ N/A 82,095$ 1,447 98% INTEREST 189,117 N/A 189,115 2 100% 272,659 271,210 1,449 99% 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 167 of 393 11 Page 6 of 6 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent EQUIPMENT RENTAL FUND (511) SALARIES AND WAGES 228,064$ 229,422$ 178,166$ 49,899$ 78% OVERTIME 1,000 1,057 886 114 89% BENEFITS 100,397 98,599 79,780 20,617 79% UNIFORMS 1,000 648 762 238 76% SUPPLIES 76,000 89,673 105,729 (29,729) 139% FUEL CONSUMED 1,000 951 387 613 39% SUPPLIES PURCHASED FOR INVENTORY/RESALE 321,800 331,076 254,520 67,280 79% SMALL EQUIPMENT 8,000 5,889 23,061 (15,061) 288% PROFESSIONAL SERVICES 1,000 615 2,172 (1,172) 217% COMMUNICATIONS 3,000 1,419 1,590 1,410 53% RENTAL/LEASE 9,996 1,041 9,290 706 93% INSURANCE 34,083 32,530 34,153 (70) 100% UTILITIES 14,000 11,694 11,718 2,282 84% REPAIRS & MAINTENANCE 60,000 77,776 41,737 18,263 70% MISCELLANEOUS 6,000 6,359 5,356 644 89% INTERGOVERNMENTAL SERVICES 2,500 2,154 2,352 148 94% MACHINERY/EQUIPMENT 217,532 489,354 133,927 83,605 62% INTERFUND RENTAL 10,000 10,356 - 10,000 0% 1,095,372$ 1,390,613$ 885,585$ 209,787$ 81% FIREMEN'S PENSION FUND (617) BENEFITS 63,000$ 49,619$ 22,484$ 40,516$ 36% PENSION AND DISABILITY PAYMENTS 43,790 38,796 51,899 (8,109) 119% PROF SERVICES 2,000 1,065 1,169 831 58% 108,790$ 89,480$ 75,551$ 33,239$ 69% TOTAL EXPENDITURE ALL FUNDS 98,291,989$ 52,499,881$ 80,591,202$ 17,521,546$ 82% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 168 of 393 12 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent CITY COUNCIL 283,623$ 253,498$ 279,317$ 4,306$ 98% OFFICE OF MAYOR 240,866 227,032 235,609 5,257 98% HUMAN RESOURCES 296,058 216,535 259,691 36,367 88% MUNICIPAL COURT 729,506 723,690 730,892 (1,386) 100% CITY CLERK 596,831 505,422 588,370 8,461 99% ADMINISTRATIVE SERVICES 1,534,921 1,510,720 1,394,520 140,401 91% CITY ATTORNEY 489,200 486,551 488,093 1,107 100% NON-DEPARTMENTAL 11,693,173 13,242,251 10,976,027 717,146 94% POLICE SERVICES 9,013,653 8,650,216 8,949,272 64,381 99% COMMUNITY SERVICES/ECONOMIC DEV.377,764 421,617 370,469 7,295 98% DEVELOPMENT SERVICES 1,687,894 1,595,476 1,562,226 125,668 93% PARKS & RECREATION 3,442,517 3,272,365 3,388,522 53,995 98% PUBLIC WORKS 1,745,205 1,620,157 1,681,281 63,924 96% FACILITIES MAINTENANCE 1,344,159 1,300,481 1,337,219 6,940 99% 33,475,370$ 34,026,011$ 32,241,507$ 1,233,863$ 96% Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent WATER UTILITY FUND 14,884,527$ N/A 12,895,846$ 1,988,681$ 87% STORM UTILITY FUND 5,642,242 N/A 4,112,355 1,529,887 73% SEWER/WWTP UTILITY FUND 27,189,082 N/A 22,100,806 5,088,276 81% BOND RESERVE FUND 272,659 N/A 271,210 1,449 99% 47,988,510$ 39,380,217$ 8,608,293$ 82% 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 169 of 393 13 Page 1 of 4 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent CITY COUNCIL SALARIES 114,618$ 105,315$ 117,692$ (3,074)$ 103% OVERTIME 2,000 6,134 733 1,267 37% BENEFITS 68,165 70,190 69,616 (1,451) 102% SUPPLIES 1,000 783 398 602 40% PROFESSIONAL SVC 63,082 58,185 62,831 251 100% COMMUNICATIONS 3,000 3,217 3,152 (152) 105% TRAVEL 2,500 879 696 1,804 28% RENTAL/LEASE 490 467 481 9 98% REPAIRS/MAINT 1,500 - 55 1,445 4% MISCELLANEOUS 27,268 8,328 23,664 3,604 87% 283,623$ 253,498$ 279,317$ 4,306$ 98% OFFICE OF MAYOR SALARIES 185,987$ 178,239$ 185,986$ 1$ 100% OVERTIME - - - - 0% BENEFITS 42,079 40,220 42,490 (411) 101% SUPPLIES 2,000 737 1,424 576 71% PROFESSIONAL SVC 1,500 930 225 1,275 15% COMMUNICATION 1,400 1,162 1,020 380 73% TRAVEL 2,000 832 686 1,314 34% RENTAL/LEASE 2,400 2,648 2,024 376 84% REPAIR/MAINT 500 - - 500 0% MISCELLANEOUS 3,000 2,264 1,754 1,246 58% 240,866$ 227,032$ 235,609$ 5,257$ 98% HUMAN RESOURCES SALARIES 169,000$ 93,970$ 164,677$ 4,323$ 97% OVERTIME - - - - 0% BENEFITS 61,680 33,800 50,284 11,396 82% SUPPLIES 2,000 2,213 4,354 (2,354) 218% SMALL EQUIPMENT 100 - - 100 0% PROFESSIONAL SVC 39,500 70,996 23,149 16,352 59% COMMUNICATIONS 500 394 506 (6) 101% TRAVEL 500 - 655 (155) 131% ADVERTISING 5,000 1,427 3,752 1,248 75% RENTAL/LEASE 2,000 2,573 2,025 (25) 101% REPAIR/MAINT 6,000 4,820 5,349 651 89% MISCELLANEOUS 9,778 6,342 4,940 4,838 51% 296,058$ 216,535$ 259,691$ 36,367$ 88% MUNICIPAL COURT SALARIES 464,471$ 458,767$ 471,407$ (6,936)$ 101% OVERTIME 100 572 16 84 16% BENEFITS 168,526 162,481 158,012 10,514 94% SUPPLIES 9,159 10,789 14,170 (5,011) 155% SMALL EQUIPMENT 2,000 2,299 1,653 347 83% PROFESSIONAL SERVICES 60,500 62,042 69,341 (8,841) 115% COMMUNICATIONS 2,600 2,255 2,539 61 98% TRAVEL 1,250 2,441 2,088 (838) 167% RENTAL/LEASE 650 829 1,306 (656) 201% REPAIR/MAINT 1,000 1,073 409 591 41% MISCELLANEOUS 19,250 20,050 9,951 9,299 52% INTERGOVTL SVC - 92 - - 0% 729,506$ 723,690$ 730,892$ (1,386)$ 100% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL CITY OF EDMONDS Packet Page 170 of 393 14 Page 2 of 4 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent CITY CLERK SALARIES AND WAGES 315,572$ 294,964$ 353,666$ (38,094)$ 112% BENEFITS 92,771 91,106 102,173 (9,402) 110% SUPPLIES 13,760 8,888 8,415 5,345 61% SMALL EQUIPMENT - - 1,560 (1,560) 0% PROFESSIONAL SERVICES 84,751 20,244 44,395 40,356 52% COMMUNICATIONS 50,000 38,353 45,780 4,220 92% TRAVEL 250 7 57 193 23% ADVERTISING 3,690 24,030 3,472 218 94% RENTAL/LEASE 25,000 16,221 15,991 9,009 64% REPAIRS & MAINTENANCE 8,037 8,167 8,599 (562) 107% MISCELLANEOUS 3,000 3,442 4,261 (1,261) 142% 596,831$ 505,422$ 588,370$ 8,461$ 99% ADMINISTRATIVE SERVICES SALARIES 661,370$ 718,781$ 689,098$ (27,728)$ 104% OVERTIME 8,000 7,886 6,840 1,160 86% BENEFITS 214,100 224,364 220,730 (6,630) 103% SUPPLIES 46,103 121,911 23,949 22,154 52% SMALL EQUIPMENT 87,500 77,652 78,664 8,836 90% PROFESSIONAL SERVICES 181,850 51,434 96,489 85,361 53% COMMUNICATIONS 58,960 61,004 51,816 7,144 88% TRAVEL 3,300 2,330 1,036 2,264 31% RENTAL/LEASE 8,988 4,891 8,390 598 93% REPAIR/MAINT 171,750 218,765 151,962 19,788 88% MISCELLANEOUS 8,000 21,702 28,766 (20,766) 360% MACHINERY/EQUIPMENT 85,000 - 36,779 48,221 43% 1,534,921$ 1,510,720$ 1,394,520$ 140,401$ 91% CITY ATTORNEY PROFESSIONAL SVC 489,200$ 486,351$ 488,093$ 1,107$ 100% MISC PROSECUTOR - 200 - - 0% 489,200$ 486,551$ 488,093$ 1,107$ 100% NON-DEPARTMENTAL SALARIES 83,785$ 227,581$ -$ 83,785$ 0% BENEFITS - UNEMPLOYMENT 40,000 58,204 24,754 15,246 62% PROFESSIONAL SVC 380,000 236,325 227,101 152,899 60% COMMUNICATIONS - 5 - - 0% RENTAL/LEASE 3,600 3,600 3,600 - 100% INSURANCE 396,193 420,109 399,287 (3,094) 101% REPAIR & MAINTENANCE 27,819 - - 27,819 0% MISCELLANEOUS 55,156 56,383 54,993 163 100% INTERGOVT SVC 7,532,912 7,407,915 7,349,373 183,539 98% ECA LOAN PAYMENT 190,000 250,000 180,000 10,000 95% EXCISE TAXES 5,500 6,452 5,280 220 96% INTERFUND TRANSFERS 1,575,185 3,014,159 1,521,587 53,598 97% GENERAL OBLIGATION BOND 946,595 1,084,062 946,595 0 100% INSTALLMENT PURCHASES 64,014 63,380 64,014 0 100% OTHER DEBT - - - - 0% INTEREST ON LONG-TERM DEBT 185,614 290,693 185,613 1 100% 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% 11,693,173$ 13,242,251$ 10,976,027$ 717,146$ 94% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 171 of 393 15 Page 3 of 4 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent POLICE SERVICES SALARIES 5,206,408$ 5,167,515$ 5,127,390$ 79,018$ 98% OVERTIME 402,720 363,768 407,670 (4,950) 101% HOLIDAY BUYBACK 193,388 185,942 175,302 18,086 91% BENEFITS 1,733,917 1,797,963 1,826,734 (92,817) 105% UNIFORMS 52,410 46,484 40,324 12,086 77% SUPPLIES 94,100 78,162 64,702 29,398 69% SMALL EQUIPMENT 16,205 7,656 14,008 2,197 86% PROFESSIONAL SVC 129,431 89,191 152,803 (23,372) 118% COMMUNICATIONS 33,592 27,475 25,242 8,350 75% TRAVEL 16,300 11,844 10,706 5,594 66% ADVERTISING 375 88 73 302 19% RENTAL/LEASE 538,344 15,882 536,766 1,578 100% REPAIR/MAINT 16,115 15,953 6,730 9,385 42% MISCELLANEOUS 36,300 34,110 30,485 5,815 84% INTERGOVTL SVC 496,048 486,643 482,338 13,710 97% INTERFUND RENTAL 48,000 320,760 48,000 - 100% INTERFUND REPAIRS - 780 - - 0% 9,013,653$ 8,650,216$ 8,949,272$ 64,381$ 99% COMMUNITY SERVICES/ECON DEV. SALARIES 213,304$ 211,411$ 214,610$ (1,306)$ 101% BENEFITS 62,052 60,727 63,438 (1,386) 102% SUPPLIES 1,500 2,237 901 599 60% SMALL EQUIPMENT 800 - 539 261 67% PROFESSIONAL SVC 65,254 116,429 61,859 3,395 95% COMMUNICATIONS 1,490 1,265 1,477 13 99% TRAVEL 2,000 30 201 1,799 10% ADVERTISING 24,500 22,538 20,682 3,818 84% RENTAL/LEASE 2,364 3,204 2,379 (15) 101% REPAIR/MAINT 500 - - 500 0% MISCELLANEOUS 4,000 3,776 4,384 (384) 110% 377,764$ 421,617$ 370,469$ 7,295$ 98% DEVELOPMENT SERVICES/PLANNING SALARIES 1,044,346$ 1,064,774$ 1,036,527$ 7,819$ 99% OVERTIME 1,300 3,467 1,823 (523) 140% BENEFITS 361,520 370,982 368,362 (6,842) 102% UNIFORMS - - - - 0% SUPPLIES 13,000 19,002 11,078 1,922 85% MINOR EQUIPMENT 1,100 2,246 1,359 (259) 124% PROFESSIONAL SVC 199,600 63,630 76,969 122,631 39% COMMUNICATIONS 4,000 5,043 4,317 (317) 108% TRAVEL 1,600 1,661 891 709 56% ADVERTISING 3,000 5,318 3,892 (892) 130% RENTAL/LEASE 32,828 29,253 33,310 (482) 101% REPAIRS & MAINTENANCE 500 606 112 388 22% MISCELLANEOUS 25,100 29,494 23,586 1,514 94% 1,687,894$ 1,595,476$ 1,562,226$ 125,668$ 93% ENGINEERING SALARIES 1,007,140$ 961,712$ 966,112$ 41,028$ 96% OVERTIME 5,000 4,357 1,199 3,801 24% BENEFITS 365,880 334,526 357,672 8,208 98% UNIFORMS 360 182 244 116 68% 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 5,657 6,087 613 91% TRAVEL 600 591 52 548 9% ADVERTISING - - 264 (264) 0% RENTAL/LEASE 13,408 6,744 13,404 4 100% REPAIR/MAINT 1,800 895 38 1,762 2% MISCELLANEOUS 10,300 11,846 8,662 1,638 84% 1,418,188$ 1,331,353$ 1,355,577$ 62,611$ 96% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 172 of 393 16 Page 4 of 4 Title 2013 Amended Budget 12/31/2012 Expenditures 12/31/2013 Expenditures Amount Remaining % Spent PARKS & RECREATION SALARIES 1,769,631$ 1,770,045$ 1,718,242$ 51,389$ 97% OVERTIME 5,000 10,705 7,882 (2,882) 158% BENEFITS 584,326 583,620 581,413 2,913 100% UNIFORMS 5,340 2,807 4,281 1,059 80% SUPPLIES 131,925 114,261 103,578 28,347 79% MINOR EQUIPMENT 3,250 34,873 2,408 842 74% PROFESSIONAL SVC 405,297 270,815 385,600 19,697 95% COMMUNICATIONS 28,218 27,663 29,863 (1,645) 106% TRAVEL 5,942 1,208 1,949 3,993 33% ADVERTISING 4,300 2,928 2,418 1,882 56% RENTAL/LEASE 149,152 133,145 166,687 (17,535) 112% PUBLIC UTILITY 150,000 141,532 179,256 (29,256) 120% REPAIR/MAINT 51,845 33,670 43,209 8,636 83% MISCELLANEOUS 77,596 75,089 89,105 (11,509) 115% MACHINERY/EQUIPMENT - 13,097 - - 0% INTERGOVTL SVC 70,695 56,907 72,631 (1,936) 103% 3,442,517$ 3,272,365$ 3,388,522$ 53,995$ 98% PUBLIC WORKS SALARIES 227,881$ 221,930$ 244,852$ (16,971)$ 107% OVERTIME 200 - - 200 0% BENEFITS 76,157 55,092 66,913 9,244 88% SUPPLIES 5,100 4,345 4,484 616 88% SMALL EQUIPMENT - - 201 (201) 0% PROFESSIONAL SERVICES 200 58 60 140 30% COMMUNICATIONS 1,200 1,160 1,360 (160) 113% TRAVEL 500 - - 500 0% RENTAL/LEASE 10,779 2,924 4,327 6,452 40% PUBLIC UTILITY 2,600 2,250 2,299 301 88% REPAIR/MAINT 1,000 - - 1,000 0% MISCELLANEOUS 1,400 1,045 1,206 194 86% 327,017$ 288,804$ 325,704$ 1,313$ 100% FACILITIES MAINTENANCE SALARIES 621,104$ 607,822$ 628,669$ (7,565)$ 101% OVERTIME 2,500 2,178 276 2,224 11% BENEFITS 249,515 244,843 243,632 5,883 98% UNIFORMS 3,000 2,397 1,872 1,128 62% SUPPLIES 65,000 80,418 70,163 (5,163) 108% TRAVEL - 2 - - 0% MINOR EQUIPMENT 6,000 2,399 6,175 (175) 103% PROFESSIONAL SERVICES - - 2,945 (2,945) 0% COMMUNICATIONS 13,000 13,344 13,796 (796) 106% RENTAL/LEASE 44,940 24,660 45,215 (275) 101% PUBLIC UTILITY 277,000 269,726 269,943 7,057 97% REPAIR/MAINT 60,000 49,447 51,720 8,280 86% MISCELLANEOUS 2,100 3,245 2,814 (714) 134% 1,344,159$ 1,300,481$ 1,337,219$ 6,940$ 99% TOTAL GENERAL FUND EXPENDITURES 33,475,370$ 34,026,011$ 32,241,507$ 1,233,863$ 96% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 173 of 393 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 18,269,117 9.19% July 18,659,278 1,928,165 20,092,359 7.68% August 20,271,527 1,612,249 21,933,962 8.20% September 21,849,835 1,578,308 23,743,923 8.67% October 24,532,443 2,682,608 25,786,843 5.11% November 31,251,022 6,718,579 32,470,837 3.90% December 32,908,710 1,657,688 34,309,655 4.26% 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 42,139 895,737 37.81% 2013 City of Edmonds, WA Monthly Revenue Summary-General Fund 2013 City of Edmonds, WA Monthly Revenue Summary-Real Estate Excise Tax - 6,000,000 12,000,000 18,000,000 24,000,000 30,000,000 36,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year - 200,000 400,000 600,000 800,000 1,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Real Estate Excise Tax Current Year Budget Prior Year Packet Page 174 of 393 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 5,325,287 8.39% 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 71,463 689,795 -14.96% 2013 City of Edmonds, WA Monthly Revenue Summary-Sales and Use Tax 2013 City of Edmonds, WA Monthly Revenue Summary-Gas Utility Tax - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Sales and Use Tax Current Year Budget Prior Year - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Gas Utility Tax Current Year Budget Prior Year Packet Page 175 of 393 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 1,384,900 -9.45% 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 1,520,457 3.04% 2013 City of Edmonds, WA Monthly Revenue Summary-Telephone Utility Tax 2013 City of Edmonds, WA Monthly Revenue Summary-Electric Utility Tax - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Telephone Utility Tax Current Year Budget Prior Year - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Electric Utility Tax Current Year Budget Prior Year Packet Page 176 of 393 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 5,020,068 3.77% 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 2,866,644 -1.69% 2013 City of Edmonds, WA Monthly Revenue Summary-Meter Water Sales 2013 City of Edmonds, WA Monthly Revenue Summary-Storm Water Sales - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Meter Water Sales Current Year Budget Prior Year - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Storm Water Sales Current Year Budget Prior Year Packet Page 177 of 393 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 4,739,175 -3.97% City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2013 - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Unmeter Sewer Sales Current Year Budget Prior Year Packet Page 178 of 393 22 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 3,261,098$ 3,261,098$ 4,107,424$ 25.95% February 5,746,385 2,485,287 5,821,627 1.31% March 7,994,612 2,248,227 9,554,193 19.51% April 11,104,511 3,109,899 11,303,782 1.79% May 13,116,681 2,012,170 13,035,375 -0.62% June 16,441,874 3,325,192 15,542,252 -5.47% July 19,258,881 2,817,007 19,021,598 -1.23% August 21,748,385 2,489,504 20,865,746 -4.06% September 24,613,366 2,864,981 24,406,731 -0.84% October 26,954,419 2,341,053 26,255,302 -2.59% November 29,516,297 2,561,878 28,568,606 -3.21% December 33,475,370 3,959,073 32,241,507 -3.69% Non-Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 1,853,574$ 1,853,574$ 2,450,235$ 32.19% February 2,402,537 548,962 2,488,604 3.58% March 2,734,804 332,267 4,520,241 65.29% April 3,899,040 1,164,236 4,569,788 17.20% May 4,113,154 214,114 4,665,570 13.43% June 5,917,198 1,804,044 5,464,269 -7.65% July 6,735,546 818,348 7,050,688 4.68% August 7,119,212 383,666 7,087,477 -0.45% September 8,042,829 923,618 8,883,176 10.45% October 8,430,882 388,053 8,917,486 5.77% November 8,849,141 418,259 9,283,156 4.90% December 11,693,173 2,844,032 10,976,027 -6.13% 2013 City of Edmonds, WA Monthly Expenditure Report-General Fund 2013 City of Edmonds, WA Monthly Expenditure Report-Non-Departmental - 6,000,000 12,000,000 18,000,000 24,000,000 30,000,000 36,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Non-Departmental Current Year Budget Prior Year Packet Page 179 of 393 23 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 21,118$ 21,118$ 15,899$ -24.71% February 44,586 23,468 38,445 -13.77% March 68,467 23,880 61,389 -10.34% April 88,977 20,510 83,350 -6.32% May 109,572 20,595 103,077 -5.93% June 132,237 22,665 129,323 -2.20% July 158,461 26,224 152,370 -3.84% August 182,356 23,895 178,450 -2.14% September 201,889 19,533 206,591 2.33% October 229,172 27,283 224,897 -1.87% November 251,202 22,030 252,727 0.61% December 283,623 32,421 279,317 -1.52% 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$ 235,609 -2.18% 2013 City of Edmonds, WA Monthly Expenditure Report-City Council 2013 City of Edmonds, WA Monthly Expenditure Report-Office of Mayor - 50,000 100,000 150,000 200,000 250,000 300,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Council Current Year Budget Prior Year - 50,000 100,000 150,000 200,000 250,000 300,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Office of Mayor Current Year Budget Prior Year Packet Page 180 of 393 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 33,705 259,691 -12.28% 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 68,906 730,892 0.19% 2013 City of Edmonds, WA Monthly Expenditure Report-Human Resources 2013 City of Edmonds, WA Monthly Expenditure Report-Municipal Court - 50,000 100,000 150,000 200,000 250,000 300,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Human Resources Current Year Budget Prior Year - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Municipal Court Current Year Budget Prior Year Packet Page 181 of 393 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 44,958 370,469 -1.93% City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 47,375$ 47,375$ 37,742$ -20.33% February 93,905 46,530 83,146 -11.46% March 147,895 53,990 132,277 -10.56% April 193,978 46,084 174,295 -10.15% May 250,302 56,324 211,369 -15.55% June 298,566 48,263 255,790 -14.33% July 350,166 51,600 299,585 -14.44% August 395,060 44,894 359,928 -8.89% September 446,404 51,344 409,740 -8.21% October 490,533 44,129 495,285 0.97% November 541,376 50,843 542,017 0.12% December 596,831 55,455 588,370 -1.42% 2013 City of Edmonds, WA Monthly Expenditure Report-Community Services/Economic Development 2013 City of Edmonds, WA Monthly Expenditure Report-City Clerk - 100,000 200,000 300,000 400,000 500,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Community Services/Economic Development Current Year Budget Prior Year - 100,000 200,000 300,000 400,000 500,000 600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Clerk Current Year Budget Prior Year Packet Page 182 of 393 26 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 42,204$ 42,204$ 92,733$ 119.72% February 109,662 67,457 139,675 27.37% March 162,238 52,576 195,470 20.48% April 211,717 49,479 243,433 14.98% May 267,919 56,202 273,992 2.27% June 322,541 54,623 303,287 -5.97% July 370,384 47,842 335,108 -9.52% August 434,156 63,772 368,611 -15.10% September 481,442 47,286 410,614 -14.71% October 544,183 62,741 444,839 -18.26% November 615,774 71,591 480,220 -22.01% December 739,937 124,163 600,654 -18.82% 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 71,800 793,866 -0.14% 2013 City of Edmonds, WA Monthly Expenditure Report-Information Services 2013 City of Edmonds, WA Monthly Expenditure Report-Finance - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Information Services Current Year Budget Prior Year - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Finance Current Year Budget Prior Year Packet Page 183 of 393 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 41,600 488,093 -2.22% 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 8,949,272 -0.71% 2013 City of Edmonds, WA Monthly Expenditure Report-City Attorney 2013 City of Edmonds, WA Monthly Expenditure Report-Police - 100,000 200,000 300,000 400,000 500,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Attorney Current Year Budget Prior Year - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Police Current Year Budget Prior Year Packet Page 184 of 393 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 1,562,226 -7.45% 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 3,388,522 -0.99% 2013 City of Edmonds, WA Monthly Expenditure Report-Development Services 2013 City of Edmonds, WA Monthly Expenditure Report-Parks & Recreation - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Development Services Current Year Budget Prior Year - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Parks & Recreation Current Year Budget Prior Year Packet Page 185 of 393 29 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 27,215$ 27,215$ 26,193$ -3.75% February 53,213 25,998 53,241 0.05% March 79,926 26,713 80,244 0.40% April 105,628 25,702 106,672 0.99% May 131,719 26,091 135,132 2.59% June 157,925 26,206 162,172 2.69% July 193,493 35,568 190,140 -1.73% August 219,559 26,066 217,744 -0.83% September 245,977 26,419 245,061 -0.37% October 273,008 27,031 272,136 -0.32% November 297,500 24,492 298,568 0.36% December 327,017 29,517 325,704 -0.40% 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 1,337,219 -0.52% 2013 City of Edmonds, WA Monthly Expenditure Report-Public Works 2013 City of Edmonds, WA Monthly Expenditure Report-Facilities Maintenance - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Public Works Current Year Budget Prior Year - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Facilities Maintenance Current Year Budget Prior Year Packet Page 186 of 393 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 1,355,577 -4.41% City of Edmonds, WA Monthly Expenditure Report-Engineering 2013 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Engineering Current Year Budget Prior Year Packet Page 187 of 393 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 29,784,443$ Various 0.13% 0.079% Snohomish County Investment Pool Investment Pool Various 10,002,016$ Various 0.68% 0.143% Opus Bank Certificate of Deposit 24 9/17/2012 500,000 9/17/2014 0.60% 0.006% FHLMC Bonds 60 12/28/2012 1,000,000 3/28/2014 **0.90% 0.019% FHLMC Bonds 54 12/27/2012 1,000,000 3/27/2014 **0.75% 0.016% FFCB Bonds 45 12/19/2012 1,000,000 2/8/2014 **0.54% 0.011% US Bank Checking Account Checking 4,535,089 TOTAL 47,821,547$ 0.27%0.274% Investment Mix % of Total State Investment Pool 62.3% Current 6-month treasury rate 0.10% Certificate of Deposit 1.0% Current State Pool rate 0.13% Bonds 6.3% Blended Edmonds rate 0.27% 69.6% (a) To maturity. Summary City of Edmonds Investment Portfolio Summary As of December 31, 2013 Packet Page 188 of 393 32 GENERAL FUND OVERVIEW 12/31/2012 9/30/2013 12/31/2013 Q4 YTD 001-General Fund 4,635,301$ 3,972,782$ 6,703,449$ 2,730,667$ 2,068,148$ 009-Leoff-Medical Ins. Reserve 388,509 330,940 441,885 110,945 53,376 011-Risk Management Fund 114,000 40,122 257,195 217,072 143,195 012 - Contingency Reserve Fund 5,278,152 5,343,486 5,410,691 67,205 132,539 013-Mulitmodal Transportation FD 55,859 55,859 55,859 - - 014-Historic Preservation Gift Fund 1,063 (3,503) 1,061 4,564 (2) 016-Building Maintenance 214,026 208,001 (238,525) (446,526) (452,551) Total General Fund 10,686,910$ 9,947,688$ 12,631,614$ 2,683,927$ 1,944,704$ GENERAL FUND FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $10.69 $9.95 $12.63 - 2 4 6 8 10 12 14 16 Dec 2012 Sept 2013 Dec 2013 Mi l l i o n s General Fund General Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 189 of 393 33 GOVERNMENTAL FUNDS OVERVIEW 12/31/2012 9/30/2013 12/31/2013 Q4 YTD General Fund 10,686,910$ 9,947,688$ 12,631,614$ 2,683,927$ 1,944,704$ Special Revenue 4,324,145 6,439,112 5,093,024 (1,346,088) 768,879 Debt Service 26,229 56,722 56,762 40 30,533 Total Governmental Funds 15,037,284$ 16,443,522$ 17,781,400$ 1,337,878$ 2,744,116$ CHANGE IN FUND BALANCESGOVERNMENTAL FUNDS FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $10.69 $9.95 $12.63 $4.32 $6.44 $5.09 $0.03 $0.06 $0.06 - 2 4 6 8 10 12 14 16 Dec 2012 Sept 2013 Dec 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 $17.78 - 6 12 18 24 Dec 2012 Sept 2013 Dec 2013 Mi l l i o n s Governmental Fund Balances -Combined *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 190 of 393 34 SPECIAL REVENUE FUNDS OVERVIEW 12/31/2012 9/30/2013 12/31/2013 Q4 YTD 104 - Drug Enforcement Fund 118,537$ 98,997$ 75,850$ (23,148)$ (42,687)$ 111 - Street Fund 122,981 188,938 200,491 11,553 77,510 112 - Combined Street Const/Improve 384,261 838,153 (155,647) (993,801) (539,908) 117 - Municipal Arts Acquis. Fund 432,251 438,384 433,865 (4,520) 1,614 118 - Memorial Street Tree 17,671 17,684 17,703 19 32 120 - Hotel/Motel Tax Revenue Fund 103,792 95,514 106,520 11,006 2,728 121 - Employee Parking Permit Fund 71,500 63,578 61,719 (1,859) (9,781) 122 - Youth Scholarship Fund 15,947 13,258 13,858 601 (2,089) 123 - Tourism Promotional Fund/Arts 65,916 79,723 77,356 (2,367) 11,440 125 - Real Estate Tax 2 1,031,760 1,555,394 1,747,325 191,931 715,565 126 - Real Estate Excise Tax 1 309,555 976,102 737,025 (239,077) 427,470 127 - Gifts Catalog Fund 216,500 218,902 225,677 6,775 9,177 129 - Special Projects Fund 5,734 141,534 144,385 2,851 138,651 130 - Cemetery Maintenance/Improvement 53,600 62,310 71,453 9,144 17,853 132 - Parks Construction Fund 396,823 652,652 346,537 (306,115) (50,286) 136 - Parks Trust Fund 149,891 150,174 150,334 160 443 137 - Cemetery Maintenance Trust Fund 818,644 830,493 836,286 5,793 17,642 138 - Sister City Commission 8,782 17,322 2,288 (15,034) (6,494) Total Special Revenue 4,324,145$ 6,439,112$ 5,093,024$ (1,346,088)$ 768,879$ GOVERNMENTAL Special Revenue ---- ACTUAL -------- ACTUAL ---- $4.32 $6.44 $5.09 - 1 2 3 4 5 6 7 8 Dec 2012 Sept 2013 Dec 2013 Mi l l i o n s Special Revenue Special Revenue Funds *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 191 of 393 35 ENTERPRISE FUNDS OVERVIEW 12/31/2012 9/30/2013 12/31/2013 Q4 YTD 421 - Water Utility Fund 14,637,482$ 14,349,609$ 18,369,675$ 4,020,066$ 3,732,193$ 422 - Storm Utility Fund 8,400,457 8,991,068 9,557,074 566,006 1,156,617 423 - Sewer/WWTP Utility Fund 43,316,528 40,623,288 47,442,701 6,819,413 4,126,173 424 - Bond Reserve Fund - (82,095) 843,959 926,054 843,959 Total Enterprise Funds 66,354,467$ 63,881,870$ 76,213,409$ 12,331,539$ 9,858,942$ ENTERPRISE FUNDS FUND BALANCES CHANGE IN FUND ---- ACTUAL -------- ACTUAL ---- $18,369,675 $9,557,074 $47,442,701 $843,959 $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 Water Utility Storm Utility Sewer/WWTP Utility Bond Reserve Enterprise Fund Balances as of December 31, 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 192 of 393 36 SUMMARY OVERVIEW 12/31/2012 9/30/2013 12/31/2013 Q4 YTD Governmental Funds 15,037,284$ 16,443,522$ 17,781,400$ 1,337,878$ 2,744,116$ Enterprise Funds 66,354,467 64,055,943 76,213,409 12,157,466 9,858,942 Internal Services Fund 6,536,284 7,054,918 7,079,479 24,561 543,195 Pension Trust Fund 216,719 202,084 191,014 (11,070) (25,705) Total City-wide Total 88,144,754$ 87,756,467$ 101,265,303$ 13,508,836$ 13,120,549$ CITY-WIDE FUND BALANCES ---- ACTUAL ---- CHANGE IN FUND BALANCES ---- ACTUAL ---- $12,631,614 $75,850 $200,491 $433,865 $17,703 $106,520 $61,719 $13,858 $77,356 $1,747,325 $737,025 $225,677 $144,385 $71,453 $346,537 $150,334 $836,286 $2,288 $8,344 $47,922 $496 $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 December 31, 2013 (-$155,647) *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. Packet Page 193 of 393 37 INTERNAL SERVICE FUNDS OVERVIEW 12/31/2012 9/30/2013 12/31/2013 Q4 YTD 511 - Equipment Rental Fund 6,536,284$ 7,054,918$ 7,079,479$ 24,561$ 543,195$ Total Internal Service Funds 6,536,284$ 7,054,918$ 7,079,479$ 24,561$ 543,195$ 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 Dec 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 194 of 393    AM-6519     5. D.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:20 Minutes   Submitted For:Roger Neumaier Submitted By:Roger Neumaier Department:Finance Committee: Finance Type: Action Information Subject Title Amendment to the Public Facilities District (PFD) Interlocal Agreement and related City Financial Statement changes. Recommendation Review ordinance and forward to full council for discussion and action. Previous Council Action Narrative In 2002, the city of Edmonds, the Edmonds PFD, the Snohomish County PFD and Snohomish County signed an Interlocal agreement which transferred sales tax rebates the Edmonds PFD and detailed the sale of debt by the city for the Edmonds PFD and the reimbursement of 2002 City bond debt service costs in a contract between Edmonds and the Edmonds PFD. The Interlocal did not address the possibility of refunding the 2002 bonds. Such a refunding occurred in 2012. The city’s bond counsel and the PFD’s bond counsel have worked with the city Attorney to draft an amendment to the 2002 interlocal which lays out a mechanism for reimbursement of bond costs by the PFD to the city. This agenda item reviews that draft amendment. The city’s bond counsel will review in the committee meeting this ordinance which is an attachment to this agenda item. To be implemented, the amendment will require and signature by Edmonds PFD, the Snohomish County PFD and Snohomish County as well as the city of Edmonds council. The Finance staff has made the changes to the 2012 Edmonds annual financial report.  The report along with the PFD's report has been forwarded to the State Auditor's Office for review. Attachments Amendment to PFD Interlocal Agreement Emal from Alice at Foster Pepper Form Review Inbox Reviewed By Date Finance Debra Sharp 02/06/2014 03:03 PM City Clerk Scott Passey 02/06/2014 03:21 PM Mayor Dave Earling 02/06/2014 03:26 PM Finalize for Agenda Scott Passey 02/06/2014 03:30 PM Form Started By: Roger Neumaier Started On: 01/22/2014 01:02 PM Final Approval Date: 02/06/2014  Packet Page 195 of 393 Draft 2/6/14 51178514.4 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: Alice Ostdiek Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, WA 98101 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR DEVELOPMENT OF THE EDMONDS CENTRE [sic] FOR THE ARTS Document Title/Type: First Amendment to Interlocal Agreement Grantor: City of Edmonds Additional names on pg. 1 Grantee: Edmonds Public Facilities District Additional names on pg. 1 Legal Description: N/A Assessor’s Tax Parcel ID#: N/A Reference # (If applicable): 200211060003 Packet Page 196 of 393 Draft 2/6/14 51178514.4 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR DEVELOPMENT OF THE EDMONDS CENTRE [sic] FOR THE ARTS by and among THE CITY OF EDMONDS and THE EDMONDS PUBLIC FACILITIES DISTRICT and THE SNOHOMISH COUNTY PUBLIC FACILITIES DISTRICT and SNOHOMISH COUNTY Dated as of _______ __, 2014 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 Packet Page 197 of 393 Draft 2/6/14 51178514.4 –1– FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR DEVELOPMENT OF THE EDMONDS CENTRE [sic] FOR THE ARTS This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR DEVELOPMENT OF THE EDMONDS CENTRE [sic] FOR THE ARTS (this “First Amendment”) is dated as of __________ __, 2014, by and among THE CITY OF EDMONDS (the “City”), a code city organized under the laws of the State of Washington; the EDMONDS PUBLIC FACILITIES DISTRICT (the “City PFD”), a municipal corporation established by the City of Edmonds and duly organized and existing under and by virtue of the laws of the state of Washington; the SNOHOMISH COUNTY PUBLIC FACILITIES DISTRICT, a municipal corporation established by Snohomish County and duly organized and existing under and by virtue of the laws of the state of Washington; and SNOHOMISH COUNTY (the “County”), a political subdivision of and duly organized under the laws of the state of Washington and the charter of Snohomish County (the (collectively, the “Parties”). The Parties enter into this Agreement solely for the purpose of supplementing and amending the Interlocal Agreement for the Development of the Edmonds Centre [sic] for the Arts (the “2002 Agreement”) among the Parties, dated November 4, 2002. The Parties agree as follows: . Recitals. The following facts and circumstances form the background of Section 1 this First Amendment: 1.1 The City PFD and the City previously entered into the Interlocal Agreement for the Development of the Edmonds Centre [sic] for the Arts, dated as of November 4, 2002 (the “2002 Agreement”) regarding the joint development and operation of the Edmonds Center for the Arts. Pursuant to that 2002 Agreement, the City, the Snohomish County PFD and the County agreed to make contributions to the City PFD to support the joint development and operation of the Edmonds Center for the Arts, and the City PFD agreed to make certain payments to the City in support of debt to be issued by the City to pay a portion of the costs of acquisition and development of the Edmonds Center for the Arts. 1.2 In accordance with the 2002 Agreement, the City issued the 2002 City Bonds, the proceeds of which, together with other money contributed by the Parties and from private donations, were used by the City PFD to develop the Edmonds Center for the Arts in accordance with the 2002 Agreement. The Edmonds Center for the Arts is currently in operation. 1.3 In 2008, the City PFD issued its Sales Tax Obligation and Refunding Bonds, 2008 (the “2008 City PFD Bonds”), payable from Sales Tax Revenue and General Revenue (as defined below) to provide funds needed to complete additional phases of construction of the Edmonds Center for the Arts and other related costs, and paying certain fees and the costs of issuance and sale of the City PFD Bonds. Packet Page 198 of 393 Draft 2/6/14 51178514.4 –2– 1.4 To provide credit support and reduce the cost of borrowing associated with the issuance of the City PFD Bonds, the City and the City PFD entered into a Contingent Loan Agreement, dated as of July 14, 2008 (the “Contingent Loan Agreement”), as permit ted by Section C.1.(b) of the 2002 Agreement, which “reserve[d] the right to make or to agree to make, additional payments or transfers among themselves with respect to the Edmonds Centre [sic] For the Arts, so long as such agreements and/or payments are consistent with the terms of this Agreement.” 1.5 As of the date of this First Amendment, the City has loaned, and the City PFD has borrowed, the amounts described on Exhibit A pursuant to the Contingent Loan Agreement. Exhibit A also sets forth the amounts that have been repaid to the City and the amounts that remain outstanding as of the date of this First Amendment. Exhibit A is provided for informational purposes only and is not intended to create any rights in the Parties to this First Amendment except as specifically set forth in the Contingent Loan Agreement. 1.6 In 2012, the City issued its Limited Tax General Obligation Refunding Bonds, 2012 (the “2012 City Refunding Bonds”), a portion of the proceeds of which were used to refund the 2002 City Bonds in order to achieve a debt service savings as measured by the difference between the principal and interest cost over the life of the refunding bonds and the principal and interest cost over the life of the City Bonds to be refunded but for such refunding. 1.7 The Parties now desire to enter into this First Amendment for the purpose of clarifying the rights and obligations of the Parties under the Agreement, in light of the completion of development of the Edmonds Center for the Arts and to reflect the debt currently outstanding with respect to the Edmonds Center for the Arts. . Definitions. Section A of the Interlocal Agreement for the Development Section 2 of the Edmonds Centre [sic] for the Arts, dated as of November 4, 2002 (the “2002 Agreement”) is amended as set forth below. 2.1 Definitions Amended. The following definition in Section A is amended to read as follows. (Deleted language is indicated using strikeout format and surrounded by double parentheses, and additional language is indicated using double underlining.) Agreement is this lnterlocal Agreement entered into among the City, the City PFD, the County and the County PFD, dated as of November 4, 2002, under the authority of chapter 39.34 RCW for the development of the Edmonds ((Centre)) Center For the Arts as a Regional Center, as amended by the First Amendment, and as it may be further amended or supplemented from time to time. 2.2 Definitions Added. The following definitions are added to Section A of the 2002 Agreement: 2002 City Bonds means the City’s Limited Tax General Obligation Bonds, 2002, issued to pay a portion of the costs of the development of the Edmonds Center for the Arts. The 2002 City Bonds were refunded by the City’s Limited Tax General Obligation Refunding Bonds, 2012 and are no longer outstanding. Packet Page 199 of 393 Draft 2/6/14 51178514.4 –3– 2008 City PFD Bonds means the City PFD’s Sales Tax Obligation and Refunding Bonds, 2008, and any bonds that may be issued in the future for the purpose of refunding those bonds. 2012 City Refunding Bonds means that portion of the City’s Limited Tax General Obligation Refunding Bonds, 2012 allocated to the refunding of the 2002 City Bonds, and any bonds which may in the future be issued by the City for the purpose of, and allocated to, refunding the foregoing. Additional City PFD Bonds means any indebtedness that may be permitted to be issued in the future by the City PFD for City PFD purposes (other than for the purpose of refunding the 2008 City PFD Bonds), in accordance with Section __ of this First Amendment. City Bonds means the 2012 City Refunding Bonds and any additional bonds that may be issued in the future by the City for the purpose of financing or refinancing capital improvements to the Edmonds Center for the Arts. City PFD Bonds means the 2008 City PFD Bonds and any Additional City PFD Bonds. Contingent Loan Agreement means the Contingent Loan Agreement, by and between the City and the City PFD, dated as of July 14, 2008, with respect to the City PFD Bonds, as it may be amended or supplemented from time to time in accordance with its terms. Donations Capital Account means the account of the City PFD described in Section 4 of this First Amendment. First Amendment means this First Amendment to the Agreement. General Revenue Account means the account of the City PFD described in Section 4 of this First Amendment. General Revenue Fund means the fund of the City PFD described in Section 4 of this First Amendment. Intergovernmental Project Payments means, collectively or individually, depending on context: (a) those amounts payable by the County PFD to the City PFD from revenues of the sales and use tax imposed by the County PFD under RCW 82.14.390, as set forth in Exhibit B- 1 to this Agreement (the “County PFD Intergovernmental Project Payments”), and/or (b) those amounts payable by the City PFD to the City from revenues of the sales and use tax imposed by the City PFD under RCW 82.14.390 and from the County PFD Payments, as set forth in Exhibit B-3 to this Agreement (the “City PFD Intergovernmental Project Payments”). Regional Center Agency Fund means the fund of the City PFD described in Section 4 of this First Amendment. Sales Tax Revenue means all revenues collected by or on behalf of the City PFD from the sales and use tax imposed by the City PFD under RCW 82.14.390 and all Intergovernmental Project Payments received from the County PFD under this Agreement. . Amendments to Exhibit B. Section 3 3.1 Amendments to Exhibit B to Reflect Currently Outstanding Debt Service. Exhibits B-1, B-2 and B-3 to the 2002 Agreement are each amended and restated in their Packet Page 200 of 393 Draft 2/6/14 51178514.4 –4– entirety, as set forth in Exhibits B-1, B-2 and B-3 of this First Amendment, which are incorporated by this reference. 3.2 Future Amendments to Exhibit B-3. In the event that the City determines to issue future City Bonds for the purpose of financing or refinancing capital improvements to the Edmonds Center for the Arts, Exhibit B-3 may be amended by written agreement of the City and the City PFD, and shall become effective upon execution by both parties or as otherwise provided therein. Copies of such amended Exhibit B-3 shall be provided to the County and the County PFD within a reasonable time after the closing of such financing, but shall not be a condition of the exhibit’s effectiveness. . City PFD Funds and Accounts. For so long as any City Bonds or any Section 4 City PFD Bonds remain outstanding, the City PFD agrees to maintain a Debt Service Fund, a General Revenue Fund, and the Regional Center Agency Fund, and shall apply the amounts deposited therein in accordance with the following: 4.1 Debt Service Fund. The City PFD shall maintain as a special fund of the District a bond fund for the purpose of paying principal of and interest on City PFD Bonds. All General Revenue and Sales Tax Revenue collected for and allocated to the payment of the principal of and interest on the City PFD Bonds shall be deposited in the Bond Fund, together with any other money available and to be used therefor. 4.2 General Revenue Fund. The City PFD shall deposit into the General Revenue Fund all revenues collected by or on behalf of the City PFD from any sources whatsoever other than Sales Tax Revenue, including, without limitation, any admission and parking taxes collected by the City PFD (if any), and interest earnings on amounts in the General Revenue Fund. (a) General Revenue Account. All General Revenue, other than the amounts deposited into that Donations Capital Account (described below), shall be deposited into the General Revenue Account and shall be allocated and applied by the City PFD in the priority set forth below: (i) Payment of the costs of operating and maintaining the Edmonds Center for the Arts; (ii) Payment of the principal of, interest on, and any redemption premium with respect to the City PFD Bonds; (iii)Payment of City PFD Intergovernmental Project Payments due to the City under this Agreement, in amounts sufficient, together with any money available after payment is made from the Regional Center Agency Fund, to make the scheduled payments of the principal of, interest on and any redemption premium with respect to the City Bonds; (iv) Payment into any reasonable reserve account (if any) hereafter created by the City PFD for operation, repair and replacement; Packet Page 201 of 393 Draft 2/6/14 51178514.4 –5– (v) Payment of the costs of Developing (as defined in this Agreement) and operating the Edmonds Center for the Arts and for other City PFD purposes, in no particular order of preference. (b) Donations Capital Account. The City PFD shall deposit all amounts received by the City PFD as donated proceeds of its capital fundraising campaign in a special capital account within the General Revenue Fund. Interest earnings on such deposits may be retained in that account or transferred to the General Revenue Account, as directed by the Board of the City PFD. When the balance in the special account exceeds $150,000, such excess funds may be used for any proper City PFD capital purpose, consistent with any applicable donor restrictions, in discretion of the Board of the City PFD. The City PFD may not make any expenditure or transfer out of the account that would cause the balance to drop below $150,000, unless it: (a) provides written notice to the City at least 10 days prior to the proposed expenditure, and (b) if the purpose is other than to make a transfer into the Debt Service Fund, obtain the written consent of the City. (c) Regional Center Agency Fund (Sales Tax Revenue). All Sales Tax Revenue shall be deposited into the Regional Center Agency Fund. Amounts in the Regional Center Agency Fund shall be allocated and applied by the City PFD in the priority set forth below: (i) Payment of the City PFD Intergovernmental Project Payments due to the City under this Agreement in amounts sufficient, together with any money transferred from the General Revenue Fund for this purpose, to make the scheduled payments of the principal of, interest on and any redemption premium with respect to the City Bonds; (ii) Payment of the costs of Developing (as defined in this Agreement) the Edmonds Center for the Arts, and for other City PFD purposes, in no particular order of preference; and (iii)Payment of principal of, interest on and any redemption premium with respect to the PFD Bonds. 4.3 Amendments to this Section. This Section 4 of this First Amendment may be amended or supplemented by written agreement of the City and the City PFD, and shall become effective upon execution by both parties or as otherwise provided therein. Copies of such amendments or supplements shall be provided to the County and the County PFD within a reasonable time, but shall not be a condition of the effectiveness of any such written agreement or supplement. . Additional Covenants. For so long as any City Bonds remain Section 5 outstanding, the City PFD covenants as follows: 5.1 Operation of Regional Center. The City PFD shall cause the Edmonds Center for the Arts to be operated and maintained in a business-like fashion (including the maintenance of proper and customary property and liability insurance with respect to the Edmonds Center for the Arts) as both a “tourism-related facility” (within the meaning of RCW 67.28.080(7)) and a “regional center” (within the meaning of RCW 35.57.020) and shall cause all books and records to be maintained with respect thereto. Packet Page 202 of 393 Draft 2/6/14 51178514.4 –6– 5.2 Reporting. The City PFD shall provide the City with a quarterly report summarizing actual financial activity and financial expectations for the following four quarters. 5.3 No Liens. Neither the City nor the City PFD shall grant or permit any lien (other than consensual liens such as contractors’ liens) against the Edmonds Center for the Arts (or their respective interests therein) which, if unpaid, might become a lien or charge upon the Sales Tax Revenue, or any part thereof, prior to or superior to the lien of the City PFD Bonds and the City Bonds, or which might impair the security of the City PFD Bonds or the City Bonds. 5.4 Enforcement of Obligations. The City PFD shall take all reasonable measures permitted by law to enforce payment to it of all Sales Tax Revenue and any Intergovernmental Project Payments due to it under this Agreement. 5.5 Ownership, Sale, Transfer or Disposition of the Regional Center. The City PFD shall be the owner of the Regional Center, except to the extent the City or another Party to this Agreement acquires any interest therein pursuant to this Agreement or the Contingent Loan Agreement. Except pursuant to the disposition to a Party under this Agreement or the Contingent Loan Agreement, the City PFD will not sell, transfer or otherwise dispose of any facilities or property (real or personal) comprising a part of the Edmonds Center for the Arts Center, except upon approval by resolution of the Board and only consistent with one or more of the following: (a) The City PFD in its discretion may sell, transfer or dispose (each, as used in this subparagraph, a “transfer”) of facilities or property that is not material to the operation of the Edmonds Center for the Arts, or which has become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Edmonds Center for the Arts or is no longer necessary, material or useful to the operation of the Edmonds Center for the Arts; or (b) The City PFD in its discretion may transfer facilities or property if the City PFD receives from the transferee in a bona fide, arm’s length transaction an amount equal to the fair market value of the facilities or property so transferred. As used herein, “fair market value” means the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the willing buyer and willing seller each acting prudently and knowledgeably. The proceeds of any such transfer must be used in accordance with any covenants given in connection with any outstanding City PFD Bonds. During any time at which any City Bonds remain outstanding, no such transfer is permitted without the written consent of the City. (c) Nothing in this subsection 5.5 is intended to restrict the transfer of the facilities or property to the City (or another Party) pursuant to this Agreement or the Contingent Loan Agreement or to permit transfers not otherwise permitted under this Agreement. 5.6 Additional City PFD Bonds. (a) For so long as any City Bonds remain outstanding, the City PFD may not incur any additional indebtedness (including Additional City PFD Bonds), other than in the ordinary course of business, unless the following conditions are met at the time the additional indebtedness is incurred and the written consent of the City has been obtained: Packet Page 203 of 393 Draft 2/6/14 51178514.4 –7– (i) The City PFD is not currently in default under the Contingent Loan Agreement, the City PFD Bonds or this Agreement; (ii) The proceeds of such Additional City PFD Bonds (or additional indebtedness) will be used to fund or refund capital expenditures relating to the Edmonds Center for the Arts; (iii)The Additional City PFD Bonds (or additional indebtedness) will not cause the City PFD to exceed its non-voted debt capacity under RCW 35.57.030(1); and (iv) No ownership interest in the Edmonds Center for the Arts has been transferred to the City under Section 3.3(2) of the Contingent Loan Agreement that has not been transferred back to the City PFD under Section 3.3(3) of the Contingent Loan Agreement. (b) Additional City PFD Bonds may be issued on a parity of lien with the City PFD Bonds only if the above conditions are met at the time of issuance and the City’s written consent has been obtained, acknowledging that the Additional City PFD Bonds are to be secured by City PFD receipts under the Contingent Loan Agreement. 5.7 Amendments to this Section. This Section 5 of this First Amendment may be amended or supplemented by written agreement of the City and the City PFD, and shall become effective upon execution by both parties or as otherwise provided therein. Copies of such amendments or supplements shall be provided to the County and the County PFD within a reasonable time, but shall not be a condition of the effectiveness of any such written agreement or supplement. . Miscellaneous. Section 6 6.1 All Other Provisions of 2002 Agreement Apply. Except as and to the extent modified by this First Amendment, all provisions of the 2002 Agreement shall remain in full force and effect. 6.2 Counterparts. This First Amendment may be executed in counterparts, and each such counterpart shall be deemed to be an original instrument. All such counterparts together will constitute one and the same First Amendment. Packet Page 204 of 393 Draft 2/6/14 51178514.4 –8– ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed in their respective names by their duly authorized officers, and have caused this First Amendment to be dated as of the date set forth on the first page hereof. CITY OF EDMONDS, WASHINGTON __________________________________ Mayor Attest: __________________________________ City Clerk EDMONDS PUBLIC FACILITIES DISTRICT _________________________________ President, Board of Directors Attest: _________________________________ Secretary, Board of Directors SNOHOMISH COUNTY __________________________________ County Executive Approved as to Form Only: __________________________________ Deputy Prosecuting Attorney SNOHOMISH COUNTY PUBLIC FACILITIES DISTRICT _________________________________ President, Board of Directors Attest: _________________________________ Secretary, Board of Directors Packet Page 205 of 393 Draft 2/6/14 51178514.4 –1– Exhibit A Schedule of Outstanding Draws under Contingent Loan Agreement [Updated Table to Be Inserted] Packet Page 206 of 393 Draft 2/6/14 51178514.4 –1– Exhibit B-1 First Amended Exhibit B-1 Schedule of Snohomish County Public Facilities District Allocation of Sales Tax to the Edmonds Public Facilities District (City PFD) for the Edmonds Center for the Arts Year Intergovernmental Project Payments by Snohomish County PFD to City PFD 2002 $ 132,971 2003 140,255 2004 148,715 2005 157,432 2006 166,413 2007 175,667 2008 185,201 2009 195,025 2010 205,146 2011 215,575 2012 226,320 2013 237,390 2014 248,796 2015 260,548 2016 272,656 2017 285,132 2018 297,985 2019 311,227 2020 324,871 2021 338,928 2022 353,411 2023 368,333 2024 383,706 2025 399,545 2026 415,864 Total $ 6,447,112 NPV* of principal @ 4.8% $ 3,752,134 *NPV = Net Present Value, calculated as of November 4, 2002, using a discount rate of 4.8%. The foregoing allocations are subject to adjustment pursuant to the provisions of Section C.5 of the 2002 Agreement. Packet Page 207 of 393 Draft 2/6/14 51178514.4 –1– Exhibit B-2 First Amended Exhibit B-2 City of Edmonds Allocation to the Edmonds Public Facilities District (City PFD) in 2002: Date Amount Source 11/15/2002 $1,000,000 From Real Estate Excise Tax (Cash) 11/15/2002 $7,315,000 Estimated Proceeds from City Limited Tax General Obligation Bond Issue* Total $8,315,000 * As of the effective date of the 2002 Agreement, the 2002 City Bonds were expected to produce proceeds of approximately $7,315,000 to be repaid with the Intergovernmental Project Payments from the County PFD (amounts listed on Exhibit B-1, having a net present value calculated in 2002 using a discount rate of 4.8% of $3,752,134), from the City PFD (amounts listed on Exhibit B-2, then having a net present value of $2,634,646), and from additional City contributions (then having a net present value of $1,000,000). Actual proceeds from the issuance of the 2002 City Bonds equaled $7,018,859. [Language to Be Inserted to Reflect 2012 Refunding] Packet Page 208 of 393 Draft 2/6/14 51178514.4 –1– Exhibit B-3 First Amended Exhibit B-3 City PFD Expenditure of Special Sales and Use Tax to Edmonds Center for the Arts Development Financing Costs and Administrative and Operations Costs [Updated Table to Be Inserted] Packet Page 209 of 393 50560950.07 STATE OF WASHINGTON COUNTY OF SNOHOMISH ss. I certify that I know or have satisfactory evidence that ____________ and _____________ are the persons who appeared before me, and said persons acknowledged that said persons signed this instrument, on oath stated that said persons were authorized to execute the instrument and acknowledged it as the Mayor and Clerk, respectively, of the CITY OF EDMONDS, a municipal corporation of the State of Washington, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated this ______ day of _____________, 2011. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON COUNTY OF SNOHOMISH ss. I certify that I know or have satisfactory evidence that ____________ and _____________ are the persons who appeared before me, and said persons acknowledged that said persons signed this instrument, on oath stated that said persons were authorized to execute the instrument and acknowledged it as the President and Secretary, respectively, of Board of Directors of the EDMONDS PUBLIC FACILITIES DISTRICT, a municipal corporation of the State of Washington, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated this ______ day of __________________, 2011. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Packet Page 210 of 393 50560950.07 STATE OF WASHINGTON COUNTY OF SNOHOMISH ss. I certify that I know or have satisfactory evidence that ____________ is the person who appeared before me, and said persons acknowledged that said persons signed this instrument, on oath stated that said persons were authorized to execute the instrument and acknowledged it as the County Executive, of the SNOHOMISH COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such political subdivision for the uses and purposes mentioned in the instrument. Dated this ______ day of _____________, 2011. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON COUNTY OF SNOHOMISH ss. I certify that I know or have satisfactory evidence that ____________ and _____________ are the persons who appeared before me, and said persons acknowledged that said persons signed this instrument, on oath stated that said persons were authorized to execute the instrument and acknowledged it as the President and Secretary, respectively, of Board of Directors of the SNOHOMISH COUNTY PUBLIC FACILITIES DISTRICT, a municipal corporation of the State of Washington, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated this ______ day of __________________, 2011. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Packet Page 211 of 393 Packet Page 212 of 393    AM-6558     6. A.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 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 and January 14, 2014 Council Committee meetings.] 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.  1/14/2014 PPP Committee Meeting: Excerpt for 1/4/14 Minutes below: " A. Docket of Proposed Comprehensive Plan Amendment and proposed re-zone for Unocal lower yard.  Council member Buckshnis raised questions about whether this proposal relates to proposed buffers and the Shoreline Master Program (SMP). Messrs. Chave and Clifton stated that the proposed Comprehensive Plan Amendment and re-zone for the Unocal lower yard is a separate issue and discussions on shoreline buffers and building setbacks are part of the SMP review.  ACTION: Council member Buckshnis requested this item be moved to the February 11, 2014 Parks, Planning and Public Works Committee. She also requested that the letters from Washington State Department of Transportation and Chevron be included in the agenda packet." 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. This is on the agenda for further discussion. 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 1-7-14 Letter from Unocal 1-8-14 Letter from WSDOT 1-28-14 Letter from WSDOT Form Review Inbox Reviewed By Date Planning Department Rob Chave 02/06/2014 11:15 AM Packet Page 213 of 393 City Clerk Scott Passey 02/06/2014 11:19 AM Mayor Dave Earling 02/06/2014 11:32 AM Finalize for Agenda Scott Passey 02/06/2014 11:37 AM Form Started By: Jana Spellman Started On: 02/06/2014 10:20 AM Final Approval Date: 02/06/2014  Packet Page 214 of 393 Packet Page 215 of 393 Packet Page 216 of 393 Packet Page 217 of 393 Packet Page 218 of 393 Packet Page 219 of 393 Packet Page 220 of 393 Packet Page 221 of 393 Packet Page 222 of 393 Packet Page 223 of 393 Packet Page 224 of 393 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 225 of 393 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 226 of 393 Packet Page 227 of 393 Packet Page 228 of 393 Packet Page 229 of 393 P a c k e t P a g e 2 3 0 o f 3 9 3 P a c k e t P a g e 2 3 1 o f 3 9 3 P a c k e t P a g e 2 3 2 o f 3 9 3 P a c k e t P a g e 2 3 3 o f 3 9 3    AM-6568     6. B.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:5 Minutes   Submitted For:Pamela Randolph Submitted By:Pamela Randolph Department:Wastewater Treatment Plant Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization to advertise, a Request for Bid, for construction services for the Wastewater Treatment Plant Facility Upgrade. Recommendation Forward item to the consent agenda for approval at the Febuary 18 Council meeting. Previous Council Action none Narrative The Wastewater Treatment Plant Facility Upgrade would repair, replace and remodel the existing locker rooms, a control room (4 work stations) and upgrade the lunchroom facility to accomodate staff needs.   The existing builidng was constructed in 1988.  The mens locker room was and still is undersized for the number of occupants.  The womens locker room was and is oversized for the typical number of occupants.  The original lockers were not sized appropriatly to allow for personal clothes, uniforms or boots.  The "group" shower walls, grout and and tile floors show signs of significant deterioration.  Staff would prefer individual showers.  The lunchroom lacks personal food storage space, an oven and adaquate counter space to prepare lunches.  The control room, which is shared by both Operator and Maintenance Leads and the Pretreatment Technician is drab, has mismatched tile on the floor and has mismatched and re-used furnishings.  The enire space is in need of paint. Staff will select a contractor to build the project using the selection process outline in the City’s purchasing policy. The construction is expected to start in spring 2014 and would be completed by the end of summer 2014.   The total estimated consturuction costs for this project is $338,000. The funding for this project comes from the 423-WWTP Utility fund and was approved by Council in the 2014 Capital Budget.  The project cost will be shared by our Wastewater Treatment Partners; the City of Edmonds estimated contribution is $172,380. Form Review Inbox Reviewed By Date Public Works Kody McConnell 02/06/2014 01:31 PM City Clerk Scott Passey 02/06/2014 01:45 PM Mayor Dave Earling 02/06/2014 02:03 PM Finalize for Agenda Scott Passey 02/06/2014 02:05 PM Form Started By: Pamela Randolph Started On: 02/06/2014 12:54 PM Final Approval Date: 02/06/2014  Packet Page 234 of 393    AM-6565     6. C.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:5 Minutes   Submitted For:Mike DeLilla Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Approval of Amendment of Interlocal Agreement between the City of Edmonds and the City of Lynnwood for the 76th Ave W Sewerline and Waterline Installation Project. Recommendation Forward the item to the consent agenda for approval at the February 18, 2014 City Council meeting . Previous Council Action On August 15, 2011, Council authorized Mayor to sign the Interlocal Agreement with the City of Lynnwood. On February 14, 2012, the Planning, Parks and Public Works committee recommended Council authorize staff to advertise and forward this item to the consent agenda at the February 21, 2012 Council meeting. On February 21, 2012, Council authorized staff to advertise the 76th Ave W Watermain Installation Project that is part of the City of Lynnwood’s Sewer Main Replacement project. On December 18, 2012, Council authorized staff to award the construction of the 76th Ave W Watermain Installation project to Santana Trucking & Excavating, Inc. On August 20, 2013 Council authorized staff to provide an additional $100,000 in construction funding for the construction of the 76th Avenue W Watermain Replacement Project. On November 12, 2013 Council authorized the Mayor to sign a contract with Earthworks Enterprises, Inc. to complete the watermain replacement work and sign a contract with Lakeside Industries, Inc. to provide a temporary asphalt overlay. On December 17, 2013 Council authorized the Mayor to sign the first amendment to the Interlocal Agreement with the City of Lynnwood. Narrative The 76th Avenue W Water Main Installation Project will upgrade/replace portions of the City’s potable water network by replacing approximately 2,000 linear feet of existing waterlines and associated appurtenances along 76th Avenue W from approximately 180th Street to 175th Street.  The selection of the site was determined using the data supplied in the 2010 Comprehensive Water System Plan dated December 2010, and because it coincided with the Sewer Main upgrade project that the City of Lynnwood will construct along the same project limits.  An Interlocal Agreement was drafted and approved by the City of Lynnwood on October 6, 2011 and the City of Edmonds on October 17, 2011, so that the Water Main Installation Project could be done in conjunction with the City of Lynnwood as part of their Sewer Main replacement project.    The City of Lynnwood in conjunction with the City of Edmonds issued a Notice of Default to the contractor, Santana Trucking & Excavating, on October 9, 2013. Contract requirements specify a 15 day cure period ending on October 24, 2013 for Santana to remedy its default. Santana did not remedy the default during that period.   On November 12, 2013 Edmonds City Council authorized the Mayor to sign emergency contracts with Earthworks Enterprises, Inc. to complete the watermain replacement work and sign a contract with Lakeside Industries, Inc. to provide a temporary asphalt overlay.  The watermain replacement work and the temporary overlay work was substantially complete by Packet Page 235 of 393 temporary asphalt overlay.  The watermain replacement work and the temporary overlay work was substantially complete by December 20, 2014. On November 25, 2013, Lynnwood City Council authorized funding to pay for the temporary asphalt overlay work and to pay for associated costs.  The temporary overlay project was  led by the City of Edmonds.  In addition they approved the amendment of the Interlocal Agreement between the City of Edmonds and the City of Lynnwood.  Edmonds approved the amendment on December 17, 2013. During the emergency watermain installation work, it was discovered that the sewer service at the residence located at 17522 76th Ave West needed to be replaced.  Upon coordination with Lynnwood, both Cities agreed that this relocation will be paid for by the City of Lynnwood, with the work being led by the City of Edmonds and completed by Earthwork Enterprises as part of the emergency watermain replacement work.  This also requires that the Interlocal Agreement between the two cities be revised to cover this task.  Therefore, the second amendment to the Interlocal agreement addresses the changes to the agreed responsibilities that were needed due to the need to replace the sanitary sewer service pipe for the residence located at 17522 76th Ave West.  Finally, the City of Lynnwood will still be responsible for the final road restoration.  The restoration is expected to be completed in summer 2014. Attachments ILA Amendment City of Lynnwood's Emergency Declaration Form Review Inbox Reviewed By Date Engineering Robert English 02/06/2014 03:58 PM Public Works Kody McConnell 02/06/2014 03:58 PM City Clerk Scott Passey 02/06/2014 04:05 PM Mayor Dave Earling 02/06/2014 04:15 PM Finalize for Agenda Scott Passey 02/06/2014 04:21 PM Form Started By: Megan Luttrell Started On: 02/06/2014 11:46 AM Final Approval Date: 02/06/2014  Packet Page 236 of 393 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS, WASHINGTON AND CITY OF LYNNWOOD, WASHINGTON FOR 76TH AVENUE WEST WATER MAIN INSTALLATION DESIGN AND CONSTRUCTION THIS SECOND AMENDMENT (“Amendment”) is made and entered into as of the date set forth below between the City of Edmonds, a Washington municipal corporation (“Edmonds”), and the City of Lynnwood, a Washington municipal corporation (“Lynnwood”) (collectively “the Parties”). RECITALS A. The Parties entered into an Interlocal Agreement entitled 76th Avenue West Water Main Installation Design and Construction, dated October 17, 2011 (“the Agreement”), under which the Parties agreed to work cooperatively to provide for the design and construction of the Edmonds 76th Avenue West Water Main Installation project in conjunction with the design and construction of the Lynnwood 76th Avenue West Sewer Trunkline Improvement project. The Agreement defines the Parties’ respective rights, obligations, costs and liabilities regarding this undertaking. B. Sections 4 and 5 of the Agreement provide, among other things, that Edmonds will provide periodic payments to Lynnwood to reimburse Lynnwood for its costs associated with the design and construction of the Edmonds 76th Avenue West water main installation, and in return Lynnwood will incorporate this work into Lynnwood’s 76th Avenue West sewer trunkline improvements. C. Since entering into the Agreement on October 17, 2011 and the first amendment to the agreement on January 16th, 2014, a second emergency situation has arisen that requires Edmonds to replace a side sewer that serves the Edmonds resident at 17522 76th Avenue West. The Parties have agreed that Edmonds will pay for the construction services needed to replace the side sewer and Lynnwood will reimburse Edmonds for these services. This emergency situation requires the Parties to amend the Agreement to address the need to provide for these emergency construction services and to define the Parties’ respective rights, obligations, costs and liabilities regarding same. D. The Parties desire to amend the Agreement to clarify these changes to its terms. NOW, THEREFORE, in consideration of the mutual benefits herein contained, the Parties hereby agree as follows: Packet Page 237 of 393 1. Section 1 of the Agreement is hereby amended to read as follows: Section 1. Purpose. The purpose of this Agreement is to establish a formal arrangement under which Edmonds will pay Lynnwood to design and construct the Edmonds 76th Avenue West water main installation in conjunction with Lynnwood’s design and construction of the proposed Lynnwood 76th Avenue West Sewer Trunkline Improvements (collectively, “the Project”); with the exception that, due to emergency situations, Edmonds will contract for construction services to complete the Edmonds 76th Avenue West water main installation work remaining as of November 15, 2013, to provide a temporary asphalt overlay and striping on 76th Avenue West between 18223 76th Avenue West and 17410 76th Avenue West, to replace the side sewer serving 17522 76th Avenue West, and to provide temporary sidewalk repairs within the project area after the completion of the water main work. The terms, conditions, and covenants of this Agreement shall accordingly be interpreted to advance the new 76th Avenue West water main installation purpose. This Agreement further seeks to allocate and define the Parties’ respective rights, obligations, costs and liabilities concerning the establishment, operation and maintenance of this undertaking. 2. Section 4.A. of the Agreement is hereby amended to read as follows: Section 4. Obligations of Edmonds. Edmonds agrees to: A. Provide periodic payments to Lynnwood to reimburse Lynnwood for its costs in design and construction of the Edmonds 76th Avenue West water main pursuant to Section 6 of this Agreement; with the exception that Edmonds will contract for construction services to complete the Edmonds 76th Avenue West water main installation work remaining as of November 15, 2013 using the funds that it would otherwise have paid to Lynnwood under this Agreement to perform such work; and will contract for construction services to provide a temporary asphalt overlay and striping on 76th Avenue West between 18223 76th Avenue West and 17410 76th Avenue West, to replace the side sewer serving 17522 76th Avenue West, and provide temporary sidewalk repairs within the project area after the completion of the water main work, for which construction services Lynnwood will reimburse Edmonds. Packet Page 238 of 393 3. Sections 5.A. and 5.B. of the Agreement is hereby amended to read as follows: Section 5. Obligations of Lynnwood. Lynnwood agrees to: A. Provide and incorporate the Edmonds 76th Avenue West water main design into the Lynnwood design for sewer trunkline improvements; with the exception that Edmonds will contract for construction services to complete the Edmonds 76th Avenue West water main installation work remaining as of November 15, 2013, and will contract for construction services to provide a temporary asphalt overlay and striping on 76th Avenue West between 18223 76th Avenue West and 17410 76th Avenue West, replace the side sewer serving 17522 76th Avenue West and provide temporary sidewalk repairs within the project area after the completion of the water main work. B. Assume responsibility for constructing the new 76th Avenue West water main in accordance with the design plans approved by Edmonds (including but not limited to securing all necessary consultants, contractors, and subcontractors); with the exception that Edmonds will contract for construction services using emergency contracting procedures to complete the Edmonds 76th Avenue West water main installation work remaining as of November 15, 2013, and to provide a temporary asphalt overlay on 76th Avenue West between 18223 76th Avenue West and 17410 76th Avenue West and temporary sidewalk repairs within the project area. Lynnwood will reimburse Edmonds for the temporary asphalt overlay, striping, replacement of the side sewer serving 17522 76th Avenue West and temporary sidewalk repair construction services, and will be responsible for the full restoration of the road no later than [April 30, 2014]. All construction contracts shall be procured through a formal competitive bidding process consistent with applicable State law. Lynnwood shall be solely and exclusively responsible for ensuring the compliance of said bidding process with all applicable procedures required under state and local regulations. 4. Section 6.A. and 5.B. of the Agreement is hereby amended to read as follows: Section 6. Payment Schedule. The Parties agree to the following billing and payment schedule: A. For each outside construction contract expense incurred by Lynnwood regarding the Project, Lynnwood shall, within 30 days of the date Lynnwood is billed or invoiced for any undisputed charge by its consultants, contractors and subcontractors, submit an invoice to Edmonds for the Edmonds share of said expense for the new water main. Said invoice shall contain a reasonably detailed explanation of the methodology utilized by Lynnwood in calculating the Edmonds share of each expense. Contracts for construction shall provide for separate bid schedules, or Packet Page 239 of 393 other means to clearly identify the Edmonds portion of the Project cost for the new water main. Contracts for design shall identify all tasks and work performed associated with Edmonds portion of the design on invoices, fee estimates and project status reports. Time is of the essence and Lynnwood shall not unreasonably delay submittal of Edmonds share of expenses. In addition, for each construction contract expense incurred by Edmonds regarding the temporary asphalt overlay on 76th Avenue West between 18223 76th Avenue West and 17410 76th Avenue West, replacement of the side sewer serving 17522 76th Avenue West, and the temporary sidewalk repairs within the project area, Edmonds shall, within 30 days of the date Edmonds is billed or invoiced for any undisputed charge by its consultants, contractors, subcontractors, and city administrative costs, submit an invoice to Lynnwood; and Lynnwood shall, within thirty (30) days of receiving any such invoice from Edmonds, shall tender payment to Edmonds in the form of a check, money order or other certified funds for the invoiced amount. 5. All other terms of the Agreement shall remain in full force and effect except as amended by this Amendment. If a conflict arises between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year written below. EXECUTED this _____ day of ____________, 2014. CITY OF EDMONDS CITY OF LYNNWOOD By:_____________________________ By:____________________________ Mayor David O. Earling Nicola Smith, Mayor ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By:_____________________________ By:____________________________ Scott Passey, City Clerk Lorenzo Hines, Finance Director APPROVED AS TO FORM: APPROVED AS TO FORM: By:____________________________ By:_____________________________ Office of the City Attorney Rosemary Larson, City Attorney Packet Page 240 of 393 Packet Page 241 of 393 Packet Page 242 of 393    AM-6570     6. D.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:5 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Information Information Subject Title 76th Ave. W at 212th St. SW Intersection Improvements project Update Recommendation Forward the item for discussion at the February 18, 2014 City Council meeting. Previous Council Action On August 14, 2012, City Council authorized the Mayor to sign Supplemental Agreement with David Evans & Associates for the 76 th Ave. W at 212th St. SW Intersection Improvements project. Narrative 76th Ave W at 212th St. SW is one of the busiest signalized intersections in the City and is served by two federally classified minor arterial streets. The intersection experiences long queues during peak commute and school hours due to the limited capacity of the intersection with high volumes on each leg of the intersection / every movement.   The design phase for this project began in 2012 and different alternatives have been analyzed. At the 76th Ave W at 212th St. SW intersection, the following changes are proposed in order to improve traffic flow and intersection delays:  Addition of left turn lane for northbound and southbound movements (allowing both approaches to time concurrently) Addition of right-turn lane for westbound, northbound, and southbound movements Consolidate the number of through lanes for northbound and southbound movements from two lanes to one lane to match a future three lane arterial corridor.  Addition of bike lanes for all movements Those changes will result in intersection delay improvements since the projected 2030 No-Build Level of Service is LOS F and the projected 2030 LOS under this configuration is LOS D (meets City’s Level of Service / LOS D).   The existing 76th Ave W Corridor (from 220th St. SW to 196th St. SW) is a combined two through-lanes on each side of the street on one end and one through lane with parking stalls on each side of the street on the other. The proposed re-configuration consists of one through lane and a bike lane on each side of the street, with a two-way left turn lane. This layout along the corridor will provide the following:  Improve traffic flow and travel time from one end to the other, Reduce number of accidents (less rear-ends, left turn collisions, and conflict points) Improve access from 76th Ave W to and from minor streets and driveways with two-way left turn lanes Improve bicycle conditions with the addition of bike lanes on both sides of the entire corridor (additional buffer space between pedestrians and vehicles in Pedestrian intensive land use / in support of Complete Streets Ordinance) The design phase is currently 60% complete. The right of way phase recently began and the next step is to hold meetings with the property owners adjacent to the intersection.  A public Open House will occur after the property owners have been provided a project update. The design and right of way phases are scheduled for completion in 2015. No funding source is currently secured for the construction phase but a federal grant application will be submitted this spring for construction funding. Attachments Packet Page 243 of 393 Project Layout: 3-Lane Conversion w/ Bike Lanes & Right-Turn Lanes Form Review Inbox Reviewed By Date Engineering Robert English 02/06/2014 05:26 PM Public Works Kody McConnell 02/07/2014 09:27 AM City Clerk Scott Passey 02/07/2014 09:29 AM Mayor Finalize for Agenda Form Started By: Megan Luttrell Started On: 02/06/2014 01:56 PM Packet Page 244 of 393 Packet Page 245 of 393    AM-6564     6. E.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:5 Minutes   Submitted For:Mike DeLilla Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Interlocal Agreement with the City of Mountlake Terrace to formalize roles and responsibilities in regard to Edmonds’ water, sewer, and storm utilities located within Mountlake Terrace’s right of way. Recommendation Forward this item to the consent agenda for approval at the February 18, 2014 Council Meeting and authorize the Mayor to sign the Interlocal Agreement. Previous Council Action None. Narrative The City of Edmonds is in the process of designing various utility replacement projects that are adjacent to the City of Mountlake Terrace city limits.  A review of existing utility record data showed that Edmonds has existing water, sewer and storm pipes that encroached onto right of way that is within Mountlake Terrace city limits.  The Interlocal Agreement will formalize roles and responsibilities between the two jurisdictions in the event that these utilities need to be removed, replaced or relocated in the future.  Exhibit A to the agreement will be provided at the committee meeting.  Attachments Proposed ILA with City of Mountlake Terrace Form Review Inbox Reviewed By Date Engineering Robert English 02/06/2014 04:02 PM Public Works Kody McConnell 02/06/2014 04:03 PM City Clerk Scott Passey 02/06/2014 04:05 PM Mayor Dave Earling 02/06/2014 04:15 PM Finalize for Agenda Scott Passey 02/06/2014 04:21 PM Form Started By: Megan Luttrell Started On: 02/06/2014 11:32 AM Final Approval Date: 02/06/2014  Packet Page 246 of 393 INTERLOCAL AGREEMENT CITY OF EDMONDS AND MOUNTLAKE TERRACE Water, Sewer & Storm Utilities THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into by and between the City of Edmonds, Washington (“Edmonds”) and the City of Mountlake Terrace, Washington (“Mountlake Terrace”) (collectively, the “Parties”) as of the date entered below. WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units of local government of the State of Washington to cooperate on a basis of mutual advantage to provide for services and facilities; and WHEREAS, right of way is a limited resource for locating both public and private utilities and requires responsible management and stewardship to accommodate existing and future utility services; and WHEREAS, portions of Edmonds’ water, sewer and storm utility systems are currently located within the city limits of Mountlake Terrace; and WHEREAS, the Washington State Department of Ecology’s “Criteria for Sewage Works Design” specifies minimum clearances between sanitary sewer facilities and potable water pipelines; and WHEREAS, prudent engineering practice is to provide horizontal clearance between underground utilities to facilitate access for maintenance, repair, and replacement of a utility and avoid disruption of service provided by adjacent underground utilities; and WHEREAS, Edmonds has a deteriorated sanitary sewer main located south of the centerline of 228th Street SW near 73rd Avenue West that is to be reconstructed; and WHEREAS, Edmonds’ said deteriorated sanitary sewer main is located directly beneath an Edmonds water main which requires the removal and reconstruction of the water main to complete sanitary sewer reconstruction; and WHEREAS, Edmonds has determined that it is prudent and desirable to reconstruct the water main not above the reconstructed sewer but on a different alignment that will provide clearance between the reconstructed sewer and other existing utilities; and Packet Page 247 of 393 WHEREAS, the preferred alignment for the water main is north of the centerline of 228th Street SW in the vicinity of 73rd Avenue West, which is within the city limit of Mountlake Terrace; and WHEREAS, it may be necessary for Edmonds to relocate, modify or extend, or add to its utility systems within the city limits of Mountlake Terrace in the future; and WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining their respective rights, obligations, and liabilities regarding these utilities; and WHEREAS, the City Councils of the City of Edmonds and the City of Mountlake Terrace have taken appropriate action to approve each Party’s entry into this Agreement; NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, Edmonds and Mountlake Terrace agree as follows: TERMS Section 1. Purpose. The purpose of this Agreement is to establish a formal arrangement under which Mountlake Terrace will allow Edmonds to locate certain of its water, sewer and storm utilities inside the Mountlake Terrace city limits, and to allocate and define the Parties’ respective rights, obligations, and liabilities concerning the establishment, operation, maintenance, repair, reconstruction, abandonment, and removal of said utilities. The terms, conditions and covenants of this Agreement shall accordingly be interpreted to advance this purpose. Section 2. Definitions. For the purpose of this Agreement, the following word(s) shall have the following meaning(s): “UTILITIES” means and is limited to water, sanitary sewer and storm systems owned and operated by Edmonds. Section 3. Term. This Agreement shall be effective upon its execution by the Parties hereto and will remain in effect indefinitely, unless terminated in accordance with Section 4. Section 4. Termination. Either Party may terminate this Agreement with or without cause by providing the other Party with thirty (30) days written notice of its intent to terminate. Termination or expiration shall not alter the Parties’ obligations under Section 5 and Section 6 for UTILITIES already established within the Mountlake Terrace city limits, and shall not alter the Parties’ respective obligations under Section 10 of this Agreement. Section 5. Obligations of Edmonds. A. Edmonds shall assume responsibility, including the responsibility for all costs, associated with the establishment, operation, maintenance, repair, modification, Packet Page 248 of 393 reconstruction, abandonment, and removal of UTILITIES located within the Mountlake Terrace city limits, as described and depicted in Exhibit A, attached hereto and incorporated herein by this reference. Edmonds shall provide updated versions of Exhibit A as UTILITIES are added, modified, or removed with the permit application, unless otherwise approved in writing by Mountlake Terrace. B. Edmonds shall coordinate with Mountlake Terrace to ensure that all work, including but is not limited to, trench backfilling, pavement restoration, and temporary traffic control, relating to the UTILITIES located within Mountlake Terrace city limits is performed in accordance with the Mountlake Terrace municipal code, construction standards, and other applicable state, and federal standards and regulations, provided, however, all work relating to assembling and constructing the components of the UTILITIES located within the Mountlake Terrace city limits shall be done in accordance with the City of Edmonds municipal code, construction standards, and other applicable state and federal standards and regulations. Edmonds shall assume responsibility for approval of materials and inspection of the assembly, testing, alignments, slopes, and elevations of the components of the UTILITIES. Deviations from the alignments, slopes, and elevations of the components of the UTILITIES as shown on the construction plans approved by Mountlake Terrace, are subject to further review and approval by Mountlake Terrace. C. Edmonds shall respond promptly to information requests submitted by Mountlake Terrace or its agents regarding the UTILITIES located within Mountlake Terrace city limits. D. Edmonds shall provide Mountlake Terrace written justification of the necessity and practicality of locating additional future UTILITIES within Mountlake Terrace as compared to locating UTILITIES within Edmonds. Whether Mountlake Terrace allows additional future, UTILITIES to be located in Mountlake Terrace shall be at Mountlake Terrace’s sole discretion. E. Edmonds shall assume responsibility for acquiring any and all necessary temporary and permanent utility easements for the establishment, operation and maintenance of the UTILITIES. F. Edmonds shall submit plans and specifications and apply for all required permits issued under the authority of Mountlake Terrace and pay all permit fees as required. G. Edmonds shall be solely responsible to obtain permits required and issued by other jurisdictions and agencies. H. Edmonds shall designate Mountlake Terrace as an additional insured in all construction contracts for work related in any manner to UTILITIES within Mountlake Terrace city limits. Packet Page 249 of 393 I. Edmonds shall timely notify Mountlake Terrace of pre-construction meetings related to UTILITIES within Mountlake Terrace and invite Mountlake Terrace representatives to attend. J. Edmonds shall provide to Mountlake Terrace “as constructed” plans of all UTILITIES located within Mountlake Terrace, and provide updates to those plans when new UTILITIES are constructed and existing UTIILITIES are modified, reconstructed, or abandoned within ninety (90) days o f the Final Acceptance of the project by the Edmonds City Council or its designee. K. Edmonds shall promptly and timely field locate all UTILITIES within Mountlake Terrace city limits in response to field location requests from “one call” services and location requests directly from Mountlake Terrace, and shall assume all liability for unmarked and erroneously marked UTILITIES located within Mountlake Terrace city limits. L. Edmonds shall be responsible, at its sole cost and expense, for the removal and relocation, if needed, of UTILITES within Mountlake Terrace city limits, if in conflict with future improvements within the right of way, when removal is directed by Mountlake Terrace. Relocation to an alternative location within Mountlake Terrace shall be subject to the terms of this Agreement as if it is a new request for locating UTILITIES within Mountlake Terrace. Any such work shall be performed promptly and timely, but in no event more than one hundred eighty (180) calendar days after notice is provided if removal and relocation is performed by Edmonds’ city forces or is completed under a contract whose estimated cost allows bids to be solicited using Edmonds’ Small Works Roster, and two hundred seventy-five (275) calendar days after notice is provided if removal and relocation is completed under a contract whose estimated costs exceed limits set for using Edmonds’ Small Works Roster. Removal and relocation deemed an emergency shall be completed by Edmonds at its sole cost and expense and Edmonds shall perform all reasonable and necessary tasks to remove and/or relocate UTILITIES within Mountlake Terrace city limits in the shortest feasible time period. Section 6. Obligations of Mountlake Terrace. A. Mountlake Terrace shall provide timely review of applications for all required permits submitted by Edmonds for UTILITIES, the approval of which shall not be unreasonably withheld. B. Mountlake Terrace shall respond promptly to information requests submitted by Edmonds or its agents regarding the UTILITIES. C. Mountlake Terrace shall make reasonable and practical efforts to approve locations for UTILITIES that will reduce the probability of Edmonds needing relocations and removals of UTILITIES located within Mountlake Terrace city limits. Packet Page 250 of 393 D. Mountlake Terrace shall make reasonable and practical efforts to locate future Mountlake Terrace utility improvements to accommodate existing UTILITIES located within Mountlake Terrace city limits. E. Perform timely inspections of permitted work associated with construction, maintenance, repair, modification, reconstruction, abandonment, and removal of UTILITIES located within Mountlake Terrace city limits. F. Mountlake Terrace shall provide written notice to Edmonds to remove and/or relocate UTILITIES located within Mountlake Terrace city limits as may be required by Mountlake Terrace pursuant to Section 5L herein. Edmonds shall remove and/or relocate the UTILITES in accordance with the time period of removal and relocation as set forth in Section 5L herein, including removal and relocation of UTILITIES necessitated by an emergency. Section 7. Ownership and Disposition of Property. All materials installed in connection with the UTILITIES located within Mountlake Terrace city limits, shall be and will remain the exclusive property of Edmonds. Mountlake Terrace shall retain ownership of all property rights in the property under and above which the UTILITIES are installed within Mountlake Terrace city limits, with the exception of the necessary temporary and permanent utility easements acquired by Edmonds on its behalf described in Section 5. Section 8. Properties Served by UTILITIES within Mountlake Terrace city limits. UTILITIES located within Mountlake Terrace city limits shall provide service only to properties within the city limits of Edmonds unless prior written approval by Mountlake Terrace. Section 9. Administration; No Separate Entity Created. The City Engineer of Edmonds and the Engineering Services Director of Mountlake Terrace shall serve as the administrators of this Agreement. No separate legal entity is formed by this Agreement. Section 10. Release, Indemnification and Hold Harmless Agreement. Each Party to this Agreement shall be responsible for its own negligent and/or wrongful acts or omissions, and those of its own agents, employees, representatives, contractors or subcontractors, to the fullest extent required by the laws of the State of Washington. Each Party agrees to protect, indemnify and save the other Party harmless from and against any and all such liability for injury or damage to the other Party or the other Party’s property, and also from and against all claims, demands and causes of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of work performed under the terms hereof, caused by its own negligent and/or wrongful acts or omissions or that of its agents, employees, representatives, contractors or subcontractors. Section 11. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in Snohomish County Superior Court. Packet Page 251 of 393 Section 12. No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between Edmonds and any employee, agent, representative or contractor of Mountlake Terrace, or between Mountlake Terrace and any employee, agent, representative or contractor of Edmonds. Section 13. No Third Party Rights. This Agreement is intended for the sole and exclusive benefit of the Parties hereto and no third party rights are created by this Agreement. Section 14. Notices. Notices to Edmonds shall be sent to the following address: City of Edmonds City Engineer 121 Fifth Avenue N Edmonds, WA 98020 Notices to Mountlake Terrace shall be sent to the following address: City of Mountlake Terrace Engineering Services Director 6100 219th Street SW, Suite 200 Mountlake Terrace, WA 98043 Section 15. Duty to File Agreement with County Auditor. Edmonds shall, after this Agreement is executed by both Parties, file this Agreement with the Snohomish County Auditor. Section 16. Integration. This document constitutes the entire embodiment of the Agreement between the Parties and, unless modified in writing by an amendment to this Agreement signed by the Parties hereto, shall be implemented as described above. Section 17. Non-Waiver. Waiver by any Party of any of the provisions contained within this Agreement shall not be construed as a waiver of any other provision. Packet Page 252 of 393 CITY OF EDMONDS CITY OF MOUNTLAKE TERRACE By:______________________________ By:_______________________________ Dave Earling, Mayor Scott Hugill, Interim City Manager Date:_____________________________ Date:______________________________ ATTEST: ATTEST: _________________________________ __________________________________ Scott Passey, City Clerk Virginia Olsen, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: _____________________________ __________________________________ Office of the City Attorney Gregory G. Schrag, City Attorney Packet Page 253 of 393    AM-6548     6. F.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 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 Interlocal Agreements with Snohomish County for 2014 Pavement Preservation Program Recommendation Forward the items to the consent agenda for approval at a future City Council meeting. Previous Council Action None. Narrative At the January 21st City Council meeting, Staff presented the selected streets and type of pavement preservation that will be used in the 2014 pavement preservation program. Staff is working with Snohomish County to implement the City’s preservation program by using both County maintenance crews and the County’s annual pavement overlay contract. To complete this work, the City and County must execute two Interlocal Agreements.   The Interlocal Agreement for Municipal Road and Street Services within the City of Edmonds will allow the City to contract with the County and use their maintenance crews to complete the streets selected for a chip seal application. In addition, the City will also use the County services to complete pavement overlays on the shorter streets funded by the water utility fund. The attached 2014 pavement preservation program map shows the streets receiving chip seals in red and the short pavement overlays in brown. The Interlocal Agreement for Overlay Improvements within the City of Edmonds will allow the City to be included in the County’s annual pavement overlay program. This program is administered by the County and is a multi-agency contract that includes pavement overlay work in the County and other Snohomish County cities (Snohomish, Monroe, Mukilteo, Gold Bar, Granite Falls, Brier, and Mill Creek). By using this multi-agency approach, the quantities for pavement overlay work substantially increase and result in a large paving contract that typically produces more competitive pricing from a private contractor. The competitive pricing helps lower the paving costs to each agency that participates in the program. This program will be used to overlay 100th Ave W., from SR104 to 238th St. SW, shown in green on the attached map. Staff is working with the County to determine the estimated costs for the portion of work to be completed by the County maintenance crews. The County’s estimate should be available later this month.  The cost for paving 100th Ave will be determined after the County receives construction bids to complete the work. The County did review the 100th Ave location and is estimating a project cost of $343,000. The estimate is based on prices received from the County’s 2013 overlay contract.  Attachments Pavement Preservation Map Proposed ILA for small overlay/chip seal projects Proposed ILA for larger overlay project Form Review Inbox Reviewed By Date Packet Page 254 of 393 Engineering Robert English 02/06/2014 03:46 PM Public Works Kody McConnell 02/06/2014 03:47 PM City Clerk Scott Passey 02/06/2014 03:55 PM Mayor Dave Earling 02/06/2014 04:15 PM Finalize for Agenda Scott Passey 02/06/2014 04:21 PM Form Started By: Megan Luttrell Started On: 02/04/2014 04:58 PM Final Approval Date: 02/06/2014  Packet Page 255 of 393 7 6 t h A v e W Main St 196th St SW 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 Av e W N 205th St/244th St SW 3 r d A v e S Lund's Gulch Rd 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 7 5 t h P L W M e a d o w d ale Rd 2 3 1 s t St SW 240th St SW N 205th St/244th St SW 8 0 t h A v e W §¨¦ ¯ ¯ ¯ Packet Page 256 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 1 of 11 SERVICES WITHIN THE CITY OF EDMONDS INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET SERVICES WITHIN THE CITY OF EDMONDS This INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET SERVICES WITHIN THE CITY OF EDMONDS (this “Agreement”), is made and entered into this ____ day of , 2014, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the “County”), and the CITY OF EDMONDS, a Washington municipal corporation (the “City”) pursuant to Chapter 39.34 RCW. RECITALS A. The City has a need to contract for road and street services that are outside the resources normally available to the City. Pursuant to Chapter 39.34 RCW and RCW 36.75.207, the County regularly provides road and street services to municipalities located within Snohomish County. B. The County and the City agree that it is mutually beneficial for the County and the City to work together cooperatively. Pursuant to this Agreement, Chapter 39.34 RCW, RCW 35.77.020 through .040 and RCW 36.75.207, the City wishes to receive road and street services, and the County is agreeable to provide the same. C. In exchange for the road and street services described in Section 4 below, the City shall reimburse the County its actual costs incurred in performing the same, including time, labor, equipment, materials, and administrative overhead, all as more fully described in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of Agreement. This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW, RCW 35.77.020 through .040 and RCW 36.75.207. The purpose and intent of this Agreement is for the County and the City to work together efficiently and effectively to design and construct small capital projects on City streets and bridges and to maintain City streets and bridges. 2. Effective Date and Duration. This Agreement shall not take effect unless and until it has been duly executed by both parties and either filed with the County Auditor or posted on the County’s Interlocal Agreements website. This Agreement shall remain in effect through December 31, 2019, Packet Page 257 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 2 of 11 SERVICES WITHIN THE CITY OF EDMONDS unless earlier terminated pursuant to the provisions of Section 14 below, PROVIDED HOWEVER, that the term of this Agreement may be extended or renewed for up to two (2) additional three (3) year terms by written notice from the County to the City, PROVIDED FURTHER that each party’s obligations after December 31, 2014, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. 3. Administrators. Each party to this Agreement shall designate an individual (an “Administrator”), who may be designated by title or position, to oversee and administer such party’s participation in this Agreement. The parties’ initial Administrators shall be the following individuals: County’s Initial Administrator: Owen Carter, County Engineer Snohomish County DPW 3000 Rockefeller Avenue M/S 607 Everett, Washington 98201 City’s Initial Administrator: Phil Williams, Public Works Director City of Edmonds 121 5th Ave N Edmonds, WA 98020 Either party may change its Administrator at any time by delivering written notice of such party’s new Administrator to the other party 4. Scope of Services. The scope of the road and street services (the “Services”) includes but shall not be limited to the following: a. Construction of small capital projects on City streets and bridges, not subject to mandatory competitive bidding, as determined by the City, and which do not exceed $10,000 for a single project or activity as established by state law. b. Maintenance services on City streets and bridges (including, but not limited to the list of municipal road and street services contained in Appendix A and B), to maintain the facility, as nearly as practical in its original as constructed condition or its subsequently improved condition, and the operation of roadway facilities and services to provide satisfactory and safe motor vehicle transportation. c. Engineering and administrative services including clerical services, necessary for the planning, establishment, construction, and maintenance of the streets and bridges of the City. Packet Page 258 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 3 of 11 SERVICES WITHIN THE CITY OF EDMONDS 5. Process for Delivery of Services. 5.1 Submission of Work Orders. If the City desires that the County perform any of the Services, it shall submit to the County Administrator or his or her agent a Work Order in substantial form to that attached hereto in Appendix C. The City shall complete a Work Order in which it shall describe in detail the Services to be performed and shall state the desired completion date. The County may in its sole discretion require additional information from the City, including but not limited to, a road plan and profile or sketches. The City shall not submit any Work Orders for which the City’s cost for design, right-of-way acquisition, construction, or maintenance are reimbursable with Federal funds or Federal grants. 5.1.1 Work Orders for Winter Maintenance. At the City’s option, the City may submit an annual Work Order for winter maintenance operations. Any such annual Work Order shall include a plan identifying the routes on which the City desires winter maintenance services to be performed by the County. Unless otherwise notified by the City, the County will conduct winter maintenance operations on the City’s roads and streets identified in the plan any time the County has mobilized winter operations in the general area. Provided an annual Work Order request has been submitted by the City and accepted by the County, individual Work Order requests will not be required to initiate the County’s response to snow and ice events. 5.1.2 Work Orders for Ongoing Maintenance. At the City’s option, the City may submit an annual Work Order for ongoing maintenance operations. Any such annual Work Order shall include a plan identifying the routes on which the City desires ongoing maintenance and describe in detail the maintenance operations requested. Unless otherwise notified by the City, the County will conduct ongoing maintenance operations on the City’s roads and streets identified in the plan. Provided an annual Work Order request has been submitted by the City and accepted by the County, individual Work Order requests will not be required to initiate the County’s performance of ongoing maintenance operations. 5.1.3 Work Orders for Emergency Response Services. At the City’s option, the City may submit an annual Work Order for emergency response services. Any such annual Work Order shall include a plan identifying triggering emergency events and the routes on which the City desires emergency response services as well as describe in detail the emergency operations requested. Unless otherwise notified by the City, the County will conduct emergency response operations on the City’s roads and streets identified in the plan upon the occurrence of an emergency event. Provided an annual Work Order request has been submitted by the City and accepted by the County, individual Work Order requests will not be required to initiate the County’s response to an emergency event. 5.2 Response to Work Orders. Upon receipt of a Work Order, the County shall review the Services requested therein. The County, in its sole discretion, may agree to accept or reject the Work Order. Should the County reject the Work Order, it shall Packet Page 259 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 4 of 11 SERVICES WITHIN THE CITY OF EDMONDS make a notation to that effect on the Work Order and return it to the City. Should the County accept the Work Order, it shall (1) make a notation to that effect on the Work Order, and (2) prepare an Estimate of the time and costs for the requested Services as well as the time and cost of preparing said Estimate, which it will attach to the Work Order. The Estimate is non-binding and does not constitute a bid or contract maximum, and the City shall remain liable for the entire actual cost as described in Section 8 below. Once the Estimate has been attached to the Work Order, the County shall return the Work Order and Estimate to the City. 5.3 Notice to Proceed. Upon receipt of a responsive Work Order and Estimate from the County accepting the City’s request for Services, the City may issue a written Notice to Proceed authorizing the County to perform the requested Services. The issuance of a Notice to Proceed shall constitute a representation by the City that (1) it finds the County’s Estimate acceptable, and (2) sufficient funds are appropriated to cover the cost of the Services. 5.4 Performance by the County. Upon issuance of a Notice to Proceed, the Administrators or their designated agents shall finalize working procedures associated with the delivery of the Services. The County shall furnish and supply all necessary labor, supervision, machinery, equipment, material and supplies other than those required to be furnished by the City, PROVIDED HOWEVER that the County’s performance shall be subject to availability of personnel, equipment, and materials necessary to perform the Services without unduly disrupting the normal operations and functions of the County. The County shall notify the City of any hardship or other inability to perform under this Agreement, including postponement of Services due to County workload constraints. 5.5 Changes by the City to Work Orders. The City may make changes to the requested Services by submitting a new Work Order outlining in detail the desired changes to the Services. The County may, in its sole discretion, accept or reject the new Work Order, PROVIDED HOWEVER that the County’s acceptance is not required where the City is terminating work pursuant to Section 14.2 below. The City shall be liable for all increases in cost, if any, which may be incurred by changes to the Services, including but not limited to clean-up and striping costs and any non-cancelable costs. 5.6 Changes by the County to Work Orders. After issuance of a Notice to Proceed, the County shall provide the City with written notification of any changes to the Work Order required by the County when such changes will substantially alter the nature of the Services or the Estimate. The County shall obtain the City’s written approval to any such changes before implementing them. 5.7 Authority of Administrators. By entering into this Agreement and upon it becoming effective as described in Section 2 above, both parties authorize their respective Administrators to accept, deny, and negotiate the Work Orders described in this Section 4, including any associated increase, decrease, or other change to the costs of the Services. Packet Page 260 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 5 of 11 SERVICES WITHIN THE CITY OF EDMONDS 6. Services Provided by County. 6.1 Lead Agency. The County shall serve as the lead agency for the Services. 6.2 Services. The County shall perform for the City the Services, as that term is defined in Section 4 above. The County shall solely determine the schedule for the Services. The County will provide the City with a full and complete copy of any construction design plans. The County shall segregate the costs of the Services from other work the County may be performing. 6.3 Independent Contractor. The County will perform all Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the City. The County shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the County and not the City. The County has the express right to direct and control the County’s activities in providing the Services in accordance with the specifications set out in this Agreement. The City shall only have the right to ensure performance. 7. Cooperation by City. 7.1 Covenant to Cooperate. The City covenants to the County that it shall cooperate with the County in completing the Services. The City shall make its personnel, including but not limited to its Police and Public Works Department staff, available to the County at reasonable times and upon reasonable advance notice, for purposes of facilitating the County’s performance of the Services, including but not limited to any safety planning meeting the County schedules for purposes of discussing traffic control issues. Upon request by the County Administrator or his or her agent and before any work is commenced, the City shall order the temporary closing to traffic of all roads and streets, or portions thereof, as deemed necessary by the County, in its sole discretion, to perform the Services. 7.2 Grant of Access. The City certifies to the County that the City owns the real property or right-of-ways upon which the Services shall be rendered and additional real property or right-of-ways are not needed to complete the Services. The City further grants to the County, for the purpose of performing Services pursuant to this Agreement, permission and right-of-entry on, over, under, above and through real property owned by the City and those City rights-of-way and WSDOT rights-of-way that the City is responsible for maintaining that are necessary or convenient for the County to access in performing the Services. 7.3 Coordination with WSDOT and Utilities. Should, in providing the Services, it become necessary or convenient for the County to enter in, on, over, under or above a right-of-way owned by WSDOT or any utility or impact any equipment owned by WSDOT or any utility, the County shall notify the City, and the City shall cooperate in the County’s efforts to coordinate with WSDOT and/or the utility to obtain any required approvals and/or permits authorizing such activity. Packet Page 261 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 6 of 11 SERVICES WITHIN THE CITY OF EDMONDS 7.4 Permitting. At least thirty (30) days prior to the delivery of any requested Services, the City shall obtain and provide to the County copies of all permits necessary for the Services. 7.5 City’s Powers. Nothing contained herein shall be construed as in any way divesting the City of any of its powers with respect to the supervision, management, and control of roads and streets within its boundaries. 8. Payment by City. 8.1 Actual Costs. The County shall be reimbursed in full by the City for the actual costs of the Services provided by the County on a time and materials basis plus an administrative overhead charge as described in Section 8.2 below. The County agrees that only those costs directly allocable to the Services under generally accepted accounting procedures will be charged to the City. In computing the cost of the use of machinery and equipment, the County shall charge the City for the full cost to the County of rental machinery and equipment and any operator furnished therewith and/or the County equipment rental rate on County-owned machinery and equipment. 8.2 Administrative Overhead. For the purpose of fixing the compensation to be paid by the City to the County for the Services, it is agreed that there shall be included in each billing, to cover administrative costs, an amount not to exceed the County administrative rate. This rate is currently set at 15% of the total labor cost to the County for those County employees performing Services for the City under this Agreement. Charges for administrative costs are in addition to charges for materials and equipment. 8.3 Invoicing and Payment. The County shall invoice the City or its designee for all Services performed by the County. The City shall remain liable for complete and timely payment of all amounts invoiced. Invoices may be sent monthly, quarterly or on any other schedule that is mutually convenient to the parties. The County shall include in each invoice, documentation of all costs for labor, materials and equipment included in the invoice. Unless the City delivers written notice to the County disputing the amount of a particular invoice, the City shall make payment on all invoices submitted by the County within thirty (30) days of the invoice date. Amounts not paid within 30 days of the invoice date shall thereafter accrue interest at a rate of twelve percent per annum or one percent per month. 8.4 Records. The County shall maintain accurate time and accounting records related to the Services for a period of three (3) years following final payment. 9. Indemnification/Hold Harmless. Each party shall protect, defend, indemnify and save harmless the other party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, Packet Page 262 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 7 of 11 SERVICES WITHIN THE CITY OF EDMONDS judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the services associated with this Agreement caused by or resulting from each party's own negligent acts or omissions. Each party agrees that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor’s employees. The parties acknowledge that t hese provisions were specifically negotiated and agreed upon by them. The provisions of this Section 9 shall survive the expiration or earlier termination of this Agreement. 10. Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney’s fees. 11. Insurance. Each party shall maintain its own insurance and/or self-insurance for its obligations from damage to property and/or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self insurance shall not limit the liability of the indemnifying part to the indemnified party(s). Each Party shall provide the other with a certificate of insurance or letter of self-insurance annually as the case may be. Each party shall provide or purchase workers’ compensation insurance coverage to meet the Washington State Industrial Insurance regulations and cause any subcontractors working on behalf of said party to also carry such insurance prior to performing work under the Agreement. Packet Page 263 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 8 of 11 SERVICES WITHIN THE CITY OF EDMONDS 12. Compliance with Laws. In the performance of its obligations under this Agreement, each party shall comply with all applicable federal, state, and local laws, rules and regulations. 13. Default and Remedies. 13.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non-performing party. The non-performing party shall have thirty (30) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default (“Default”) under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said thirty (30) day period, then the non-performing party shall not be in Default if it commences cure within said thirty (30) day period and thereafter diligently pursues cure to completion. 13.2 Remedies. In the event of a party’s Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 13.1 above, the non- Defaulting party shall have the right to exercise any or all rights and remedies available to it in law or equity. 14. Early Termination. 14.1 30 Days’ Notice. Except as provided in Section 14.2 below, either party may terminate this Agreement at any time, with or without cause, upon not less than thirty (30) days advance written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 14.2 Lack of Funding. This Agreement is contingent upon governmental funding and local legislative appropriations. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement, this Agreement may be terminated by either party immediately by delivering written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 14.3 Calculation of Costs Due Upon Early Termination. Upon early termination of this Agreement as provided in this Section 14, the City shall pay the County for all Services performed up to the date of termination, as well as the costs of any and all non-cancelable obligations. The County shall notify the City within thirty (30) days of the date of termination of all remaining costs including non-cancelable costs. Termination costs charged to the City shall not exceed the actual costs incurred as a result of early termination. No payment shall be made by the City for any expense incurred or Services performed following the effective date of termination unless authorized in writing by the City. Packet Page 264 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 9 of 11 SERVICES WITHIN THE CITY OF EDMONDS 15. Dispute Resolution. In the event differences between the parties should arise over the terms and conditions or the performance of this Agreement, the parties shall use their best efforts to resolve those differences on an informal basis. If those differences cannot be resolved informally, the matter shall be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful, either of the parties may institute legal action for specific performance of this Agreement or for damages. The prevailing party in any legal action shall be entitled to a reasonable attorneys’ fee and court costs. 16. Notices. All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator’s designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 17. Miscellaneous. 17.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein, including but not limited to the Original Agreement PROVIDED HOWEVER, that the parties’ duties and obligations under the Original Agreement regarding insurance and indemnification shall survive as to any claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorneys’ fees in defense thereof, known or unknown, for injury, sickness, disability or death to persons or damage to property or business, arising prior to the Effective Date of this Agreement. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the party against whom such modification is sought to be enforced. 17.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 17.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. In the event that a lawsuit is instituted to enforce any Packet Page 265 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 10 of 11 SERVICES WITHIN THE CITY OF EDMONDS provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney’s fees. 17.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 17.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 17.6 No Waiver. A party’s forbearance or delay in exercising any right or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 17.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party’s sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 17.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 17.9 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 17.10 No Separate Entity Necessary. The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 17.11 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. Packet Page 266 of 393 (Rev. 7-2013) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 11 of 11 SERVICES WITHIN THE CITY OF EDMONDS 17.12 No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or parties shall be deemed to have any rights in, under or to this Agreement. 17.13 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COUNTY: Snohomish County, a political subdivision of the State of Washington By Name: Title: CITY: City of Edmonds, a Washington municipal corporation By Name: Title: Approved as to Form: Deputy Prosecuting Attorney Approved as to Form: City Attorney [The remainder of this page is intentionally left blank.] Packet Page 267 of 393 A-1 APPENDIX A MUNICIPAL ROAD AND STREET SERVICES Snohomish County - Road Maintenance Division Work Operations (Estimates provided on a per project basis) Drainage: • Catch Basin Routine Maintenance: Manually clean catch basins to ensure drainage flow is not restricted. This includes removing debris from the inlet and/or cleaning the catch portion of the structure. • Catch Basin Mechanical Cleaning: Mechanically remove sediment and debris from the catch basin using a vactor or eductor truck using vacuum hose and water jet as necessary to ensure drainage system remains free of material and flows are not restricted. • Culvert Cleaning, and Inspection, Manual: Inspecting and manually cleaning culvert inlets and outlets. • Culvert Cleaning, Mechanical: Use mechanical equipment for cleaning the culvert such as vactor, flusher or a backhoe to clean inlets and outfalls to remove obstructions. • Detention/Retention Basin Maintenance: Remove accumulated sediment, vegetation and debris from detention/retention basins to maintain design capacity to allow for proper function of the structure. Removal may be by manual or mechanical means and may include cleaning inlet and outlet grates/pipes. • Ditch Maintenance: Cleaning or re-shaping a man-made, open, storm water conveyance system that was constructed to carry storm water onto, through, or away from the highway right-of-way (i.e., not a modified stream). This operation does not include the acquisition of any permitting if required. • Underground Retention/Detention Facility Maintenance: Mechanically or manually clean and/or inspect underground detention/retention facilities on the right of way to maintain proper design capacity for the structure. This activity requires compliance with confined space regulations. Pavement Maintenance and Repair: • Crack and Joint Sealing: Repair defects in pavement surface by installing crack filling material to prevent water from entering the sub-grade. Cracks are cleaned and routed prior to filling. • Install Lane Markers/Raised Pavement Markers: Install lane markers to replace worn markers or to facilitate design changes in the channelization. Packet Page 268 of 393 A-2 • Installation, Maintenance and Repair of Guardrail: Maintain and repair guardrail; adjust cable tension; repair damage caused by collisions; upgrade terminal end sections; adjust height and alignment; Install new guardrail to design specifications. • Manual Pavement Patching: To repair the road surface by hand spreading asphalt mix (typically hot mix), raking to establish proper grade and compacting with a roller or other available means. Repair potholes, edge failures, dips, etc. • Pavement Markings -Thermo-plastic/Durable: Apply durable channelization material (typically thermo-plastic) to the roadway to delineate the lane limits. • Pavement Markings - Paint: Applying channelization to the roadway surface to delineate lane limits, such as edge lines (including gore lines), skip lines, no pass lines, centerlines, etc. • Sweeping & Cleaning Pavement with Mechanical Pickup Broom: Use mechanical pickup sweeper to remove sand, dirt and accumulated debris from the roadway and shoulders. Special consideration: An advance person may be needed to pick up large debris prior to the sweeping operation. Additional trucks may be needed to haul the sweeper spoils to an approved waste site. 'No Parking' signs may be needed in advance. • Traffic Sign Repair, Replacement, Maintenance and Installation: Repair, replace, maintain; or install new traffic signs to ensure that operational safety is maintained on the roadway system. Shoulder Maintenance: • Grade / Reshape Shoulders: Use motor grader to pull aggregate from shoulder slope back towards the roadway to eliminate the vertical edge at the edge of pavement. • Shoulder Buildup Removal: Use a motor grader and belt loader to remove buildup of sand, dirt and vegetation at the edge of shoulder to allow for proper drainage. Snow & Ice: • Anti-Icing and De-icing Application, Liquids: Apply anti-icing liquid to the roadway to reduce the probability of ice forming on the roadway. Apply de -icing liquids to the roadway to aid in ice removal. • Plowing/Sanding/Solid Deicer Application: Remove accumulated snow and slush from the roadway and shoulder of the roadway with a truck-mounted snowplow. Apply sand or other abrasives to roadways to improve traction during freezing weather and snowstorm conditions. This may include sand applied with pre -wet salt systems or blended with salt in solid form. Vegetation: • Control Vegetation Obstructions - Manual: Remove vegetation obstructions by manual methods, i.e. shovels, weedeaters, cutters or pulling weeds, to ensure visibility of signing and intersections. • Cutting/Pruning/Selective Thinning: Use hand tools to cut, trim or thin small amounts of plants in or around planting beds. Packet Page 269 of 393 A-3 • Noxious and Nuisance Weed Control - Spot Spray Non-power Equipment: Use hand sprayer to control noxious weeds, as identified on the state or county noxious weed list, with approved herbicides applied at the recommended application rate. Also manually spray nuisance weeds. An herbicide application record is required for the treated area. • Nuisance Vegetation Control - Manual: Use of manual means, i.e., hand operated trimmers, mowers, lopping shears, hand sprayer, saws, axes, to control undesirable vegetation obstructing line of sight or clear zone i.e., alders, blackberries and certain species of grasses. • Nuisance Vegetation Control - Mechanical: Use power-operated equipment, i.e., mowers and brush cutters, to control undesirable vegetation i.e., alders, and blackberries, etc. • Tree Trimming/Tree Canopy Maintenance: Use boom truck/bucket truck, saws and chippers to trim trees and canopied/encroaching shrubs to maintain clear zones, sight distance, pedestrian access, etc. • Roadside Mowing: Mow with mechanical mower to control grass height and trim undesirable vegetation. Other services provided: • Call-out Response for urgent or emergency situations • Catch Basin/ Manhole Repair or Replacement • Chip Seals; Project or Patching • Culvert Repair or Replacement • Guidepost and Delineator Replacement • Hauling and Disposal of Waste Material • Hydro Seeding and Mulching • Instructor, Equipment Training and Other Training Courses • Maintenance and Repair of Concrete Structures • Mechanical Pavement Patching, Paverbox • Noxious Weed Control - Mechanical • Noxious Weed Control - Manual • Pavement Milling/Full Depth Repair (small, localized areas) • Pavement Patching with Subgrade Repair • Rip Rap and Cribbing Repair • Seeding, Mulching, and Planting including native species. • Shoulder Washout Repair • Slope Repair, Slide Clean up & Maintenance • Traffic Control for Mobile Operations • Traffic Control for Stationary Operations • Vactor Waste Recycling/Disposal Packet Page 270 of 393 B-1 APPENDIX B MUNICIPAL ROAD AND STREET SERVICES Snohomish County – Bridge Operations Work Operations (Estimates provided on a per project basis) Bridge Inspection: • Bridge Inspection Services: Routine and special bridge inspections, completion of bridge inspection reports (including photos and descr iptions of the inspection), and entry of bridge inspection data into the Washington State Bridge Inventory System. The County‘s performance of inspections and reports shall be consistent with the National Bridge Inspection Standards as set forth in the cu rrent version of the Washington State Bridge Inspection Manual. Other services provided: Packet Page 271 of 393 C-1 APPENDIX C MUNICIPAL ROAD AND STREET SERVICES Snohomish County - Road Maintenance Division Work Order Form Packet Page 272 of 393 C-2 ROAD MAINTENANCE AID AGREEMENT WORK ORDER Agency/Jurisdiction: Submitted By: Date Submitted: Contact Info: Requested Completion Date: Authorized By: Position/Title: (Signature from Agency/Jurisdiction for approval to proceed per Estimated Cost Below) Date Approved: WORK TO BE PERFORMED (Description and/or Sketch) (Attach Additional Pages If Needed) Once completed please email to: Contact.PWRoad@snoco.org For Completion by Snohomish County Road Maintenance Division Estimated Cost For Services: Reimbursable Service Number: RR Approved By: RM Operations Manager: Date: RM Director: Date: Date of Completion: By: SNOHOMISH COUNTY PUBLIC WORKS DEPARTMENT ROAD MAINTENANCE DIVISION 8915 Cathcart Way Snohomish, WA 98296 425.388.7500 Fax 425.388.7538 Packet Page 273 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 1 of 10 WITHIN THE CITY OF EDMONDS INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS WITHIN THE CITY EDMONDS This INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS WITHIN THE CITY OF EDMONDS (this “Agreement”), is made and entered into this ____ day of , 2014, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the “County”), and the CITY OF EDMONDS, a Washington municipal corporation (the “City”) pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW. RECITALS A. The County performs asphalt paving work (including but not limited to design, engineering, placement of hot mix asphalt, road grinding, traffic control, road pulverization, and other paving related work) every year at various locations throughout the County (the “Overlay Program”). Pursuant to this Agreement, the City has the option of including its own asphalt paving projects (the “City’s Projects”) in the Overlay Program each year. B. For purposes of this Agreement, planning and design activities performed by the County with respect to the City’s Projects shall be referred to as the “Design Services.” For purposes of this Agreement, construction and installation activities performed by the County with respect to the City’s Projects shall be referred to as the “Construction Services.” Together, the Design Services and the Construction Services may be referred to in this Agreement as the “Services.” C. The County and the City agree that it will be more efficient and mutually beneficial for the County and the City to work together cooperatively in coordinating, designing, and constructing the City’s Projects, which will be defined as set forth in Section 3 below. D. To that end, the County and the City desire for the County to be the entity responsible for the overall planning, design and construction of the City’s Projects. The County and the City anticipate that the City’s Projects will be completed by October 1 of each year; however, the Overlay Program will remain open until June 1 of each following year throughout the duration of this Agreement as provided in Section 2 below. E. In exchange for the Services provided by the County, the City shall reimburse the County its actual costs incurred in performing the same, including time, labor, equipment, materials, and administrative overhead, all as more fully described in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: Packet Page 274 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 2 of 10 WITHIN THE CITY OF EDMONDS 1. Requirements of Interlocal Cooperation Act 1.1 Purpose of Agreement. This Agreement is authorized by and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW. The purpose and intent of this Agreement is for the County and the City to work together efficiently and effectively to accomplish the City’s Projects. This Agreement establishes the County as the entity responsible for all aspects of the City’s Projects planning, design, and construction. The City shall cooperate with the County to the extent reasonably necessary for accomplishing the City’s Projects, and shall reimburse the County for the County’s actual costs incurred in performing the Design Services and the Construction Services. 1.2 No Separate Entity Necessary. The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 1.3 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 1.4 Administrators. Each party to this Agreement shall designate an individual (an “Administrator”), who may be designated by title or position, to oversee and administer such party’s participation in this Agreement. The parties’ initial Administrators shall be the following individuals: County’s Initial Administrator: Owen Carter, County Engineer Snohomish County DPW 3000 Rockefeller Avenue M/S 607 Everett, Washington 98201 City’s Initial Administrator: City of Edmonds Either party may change its Administrator at any time by delivering written notice of such party’s new Administrator to the other party. 2. Effective Date and Duration As provided by RCW 39.34.040, this Agreement shall not take effect unless and until it (i) has been duly executed by both parties, and (ii) either filed with the County Auditor or posted on the County’s Interlocal Agreements website. This Agreement shall remain in effect through June 14, 2024, unless earlier terminated pursuant to the provisions of Section 11 below. 3. Scope and Definition of City’s Projects. 3.1 Process for Determining City’s Projects. Upon execution of this Packet Page 275 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 3 of 10 WITHIN THE CITY OF EDMONDS Agreement and on the anniversary date of execution each year thereafter, the City shall (1) provide the County a Statement of Intent indicating the amount of funds it has available for its City’s Projects for that year, including the source of such funds, and (2) prepare and submit to the County a prioritized list of projects that the City proposes for inclusion that year in the City’s Projects. For each project on the list the City shall include the route, beginning and ending termini, and a detailed description of the type of work required. The City shall not submit any projects for which the City’s cost for design, right-of-way acquisition, or construction are reimbursable with Federal funds or Federal grants. Upon receipt by the County of the City’s Statement of Intent and list of prioritized projects each year, the County shall review and design the same to ensure that the City’s available funds are sufficient to cover the estimated costs of the listed projects. The parties shall cooperate to make a final determination as to which projects to include in the City’s Projects for that year, including a determination as to a Final Estimated Cost, which shall be reflected in an Addendum to this Agreement. The Final Estimated Cost will include (1) a total of all estimated materials at the County’s estimated bid price (hereinafter referred to as “Materials Estimate”), and (2) a charge of 15% of the Materials Estimate for the cost of engineering work performed by the County on the City’s behalf (hereinafter referred to as “Engineering Estimate”). 3.2 Changes by the City to City’s Projects. After the parties have made a final determination of the City’s Projects for that year, the City may request either (1) that additional projects be added to the City’s Projects or, (2) that certain projects be eliminated where the actual costs will exceed the estimated costs for specific projects or where unexpected City budget constraints occur. 3.2.1 Additional Projects. Where the City wishes to add projects as provided in this Section 3.2, it may do so by submitting a written change order outlining (1) how much in funds it has available for the additional work, and (2) a description of the work, including the route, beginning and ending termini, and a detailed description of the type of work required. The County may, in its sole discretion, accept or reject the change order. The City shall be liable for all increases in cost, if any, which may be incurred by additions to the City’s Projects. 3.2.2 Elimination of Projects. Where the City wishes to eliminate projects as provided in this Section 3.2, it may do so by providing 30 days’ written notice of the same to the County’s Administrator. The City shall be liable for all costs associated with the elimination of a specific project, including but not limited to clean-up and striping costs and any non-cancelable costs, which will be billed to the City as described in Section 6 below. 3.3 Changes by the County to the City’s Projects. After the parties have made a final determination of the City’s Projects for that year, the County shall provide the City with written notification of any changes to the City’s Projects required by the County when such changes will substantially alter the nature of the City’s Projects or the City’s Packet Page 276 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 4 of 10 WITHIN THE CITY OF EDMONDS estimated costs. The County shall obtain the City’s written approval to any such changes before implementing them. 3.4 Authority of Administrators. By entering into this Agreement and upon it becoming effective as described in Section 2 above, both parties authorize their respective Administrators to accept, deny, and negotiate the Addendums described in Section 3.1 above as well as any addition, elimination, or change to the City’s Projects as described in this Section 3, including any associated increase, decrease, or other change to the costs of the City’s Projects. 4. Services Provided by County 4.1 Lead Agency. The County shall serve as the lead agency for the City’s Projects. 4.2 Design Services. The County shall perform for the City the “Design Services,” as that term is defined in Recital B above; namely, all necessary planning and design activities for the City’s Projects. The County shall solely determine the schedule for the Design Services. The County will provide the City with a full and complete copy of the construction design plans for the City’s Projects. The City may request changes to the construction design plans by submitting a written request to the County, which the County shall accommodate to the extent the requested changes are feasible. The County shall segregate the costs of the Design Services from the total costs of designing the entire Overlay Program each year. 4.3 Construction Services. The County shall perform for the City the “Construction Services,” as that term is defined in Recital B; namely, construction activities for the City’s Projects. The County shall solely determine the schedule for the Construction Services. Except where required by law, the County shall not be responsible for providing any notification (e.g. flyers, etc.) regarding the Construction Services to residents, businesses, or other third parties that will or may be affected by the City’s Projects. The County shall segregate the costs of the Construction Services from the total costs of constructing the entire Overlay Program each year. 4.4 Quality of Services. The Services performed by the County under this Agreement shall adhere to the standards set forth in the Standard Specifications for Road, Bridge, and Municipal Construction manual, Construction manual, and Local Agency Guidelines manual, all published by the Washington State Department of Transportation. The City may, at its sole expense, furnish an inspector to review the City’s Projects. The City’s inspector may communicate with the County and the County’s Administrator. The City’s inspector shall not communicate, directly or indirectly, with any contractor or subcontractor hired by the County as described in Sections 4.6 and 4.7 below. 4.5 Preconstruction Meeting. Each year, prior to the performance of any Construction Services, the County shall schedule a preconstruction meeting which the City’s Administrator or their designee shall attend. Packet Page 277 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 5 of 10 WITHIN THE CITY OF EDMONDS 4.6 Independent Contractor. The County will perform all Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the City. The County has the express right to direct and control the County’s activities in providing the agreed Services in accordance with the specifications set out in this Agreement. The City shall only have the right to ensure performance. 4.7 Sub-Contracting. The County may, in its sole discretion, hire one or more contractors and/or sub-contractors to perform some or all of the Services. In hiring a contractor and/or subcontractor, the County shall contract through a competitive bidding process each year. The bid packet shall identify by line item the cost for the City’s Projects separately from the rest of the Overlay Program costs for that year. The bid packet shall be posted online with the Builders Exchange of Washington at <http://www.bxwa.com/> and solicitation notices shall be published in The Everett Herald and Daily Journal of Commerce. After bidding closes for that year, the County shall provide to the City a dated, verified copy of the bid tabulations which correspond to the City’s Projects, including an estimate of construction costs for the City’s Projects. 5. Cooperation by City 5.1 Covenant to Cooperate. The City covenants to the County that it shall cooperate with the County in accomplishing the City’s Projects. The City shall make its personnel, including but not limited to its Public Works Department staff, available to the County at reasonable times and upon reasonable advance notice, for purposes of facilitating the County’s performance of the Services. 5.2 Grant of Access. The City certifies to the County that the City owns the real property or right-of-ways upon which the City’s Projects are located and additional real property or right-of-ways are not needed for the City’s Projects. The City further grants to the County, for the purpose of performing Services pursuant to this Agreement, permission and right-of-entry on, over, under, above and through real property owned by the City and those City rights-of-way and WSDOT rights-of-way that the City is responsible for maintaining that are necessary or convenient for the County to access in performing the Services. 5.3 Coordination with WSDOT and Utilities. Should, in providing the Services, it become necessary or convenient for the County to enter in, on, over, under or above a right-of-way owned by WSDOT or any utility or impact any equipment owned by WSDOT or any utility, the County shall notify the City, and the City shall cooperate in the County’s efforts to coordinate with WSDOT and/or the utility to obtain any required approvals and/or permits authorizing such activity. 5.4 Permitting. Prior to April 1 of each year, the City shall obtain and provide to the County copies of all permits necessary for the Project. Packet Page 278 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 6 of 10 WITHIN THE CITY OF EDMONDS 6. Payment by City 6.1 Actual Costs. The County shall be reimbursed in full by the City for the actual costs of the Services provided by the County on a time and materials basis plus an administrative overhead charge as described in Section 6.2 below. The County agrees that only those costs directly allocable to the Services under generally accepted accounting procedures will be charged to the City. 6.2 Administrative Overhead. For the purpose of fixing the compensation to be paid by the City to the County for the Services, it is agreed that there shall be included in each billing, to cover administrative costs, an amount not to exceed the County administrative rate. This rate is currently set at 15% of the total labor cost to the County for those County employees performing Services for the City under this Agreement. The administrative rate is not included in charges for materials, equipment or payments to contractors or subcontractors. 6.3 Contract Maximum. The maximum amount payable each year to the County from the City under this Agreement is the Final Estimated Cost described in Section 3.1 above plus an additional contingency charge of 10 percent of the Materials Estimate. The County shall not undertake work on the City’s Projects when such work is expected to exceed this Contract Maximum absent first obtaining written approval from the City. 6.4 Invoicing and Payment. The County shall invoice the City or its designee for all Services performed by the County. The City shall remain liable for complete and timely payment of all amounts invoiced. Invoices may be sent monthly, quarterly or on any other schedule that is mutually convenient to the parties. The County shall include in each invoice documentation of all costs for labor, materials and equipment included in the invoice. Unless the City delivers written notice to the County disputing the amount of a particular invoice, the City shall make payment on all invoices submitted by the County within thirty (30) days of the invoice date. Amounts not paid within 30 days of the invoice date shall thereafter accrue interest at a rate of twelve percent per annum or one percent per month. 7. Indemnification/Hold Harmless 7.1 County’s Indemnification of City. The County shall indemnify, defend and hold the City harmless from and against all liabilities, suits, losses, costs, damages, claims, expenses, penalties or charges, including, without limitation, reasonable attorneys’ fees and disbursements, that the City may incur or pay out by reason of: (i) any accidents, damages or injuries to persons or property occurring in, on, about or around the City’s Projects due to or arising out of the County’s performance of Services pursuant to this Agreement, but only to the extent such accidents, damages or injuries are due to any negligent or wrongful act or omission of the County; or (ii) any breach or Default (as such term is defined in Section 10.1 below) by the County under this Agreement. Packet Page 279 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 7 of 10 WITHIN THE CITY OF EDMONDS 7.2 City’s Indemnification of County. The City shall indemnify, defend and hold the County harmless from and against all liabilities, suits, losses, costs, damages, claims, expenses, penalties or charges, including, without limitation, reasonable attorneys’ fees and disbursements, that the County may incur or pay out by reason of: (i) any accidents, damages or injuries to persons or property occurring in, on or around the City’s Projects during the term of this Agreement, but only to the extent the same are caused by any negligent or wrongful act of the City; or (ii) any breach or Default (as such term is defined in Section 10.1 below) of the City under this Agreement. 7.3 Waiver of Immunity Under Industrial Insurance Act. The indemnification provisions of Section 7.1 and Section 7.2 above are specifically intended to constitute a waiver of each party’s immunity under Washington’s Industrial Insurance Act, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 7.4 Survival. The provisions of this Section 7 shall survive the expiration or earlier termination of this Agreement. 8. Insurance Each Party shall maintain its own insurance and/or self-insurance for its liabilities from damage to property and/or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self insurance shall not limit the liability of the indemnifying part to the indemnified party(s). 9. Compliance with Laws In the performance of its obligations under this Agreement, each party shall comply with all applicable federal, state, and local laws, rules and regulations. 10. Default and Remedies 10.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non-performing party. The non-performing party shall have thirty (30) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default (“Default”) under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said thirty (30) day period, then the non-performing party shall not be in Default if it commences cure within said thirty (30) day period and thereafter diligently pursues cure to completion. Packet Page 280 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 8 of 10 WITHIN THE CITY OF EDMONDS 10.2 Remedies. In the event of a party’s Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 10.1 above, the non- Defaulting party shall have the right to exercise any or all rights and remedies available to it in law or equity. 11. Early Termination 11.1 30 Days’ Notice. Except as provided in Section 11.2 below, either party may terminate this Agreement at any time, with or without cause, upon not less than thirty (30) days advance written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 11.2 Lack of Funding. This Agreement is contingent upon governmental funding and local legislative appropriations. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement, this Agreement may be terminated by either party immediately by delivering written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 11.3 Calculation of Costs Due Upon Early Termination. Upon early termination of this Agreement as provided in this Section 11, the City shall pay the County for all Services performed up to the date of termination, as well as the costs of any and all non-cancelable obligations. The County shall notify the City within thirty (30) days of the date of termination of all remaining costs including non-cancelable costs. Termination costs charged to the City shall not exceed the actual costs incurred as a result of early termination. No payment shall be made by the City for any expense incurred or Services performed following the effective date of termination unless authorized in writing by the City. 12. Notices All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator’s designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 1.4 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 13. Miscellaneous 13.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter Packet Page 281 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 9 of 10 WITHIN THE CITY OF EDMONDS contained herein. Except as otherwise provided in Section 3 above, this Agreement may not be modified or amended in any manner except by a written document signed by the party against whom such modification is sought to be enforced. 13.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 13.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney’s fees. 13.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 13.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 13.6 No Waiver. A party’s forbearance or delay in exercising any right or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 13.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party’s sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 13.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. Packet Page 282 of 393 INTERLOCAL AGREEMENT FOR OVERLAY IMPROVEMENTS 10 of 10 WITHIN THE CITY OF EDMONDS 13.9 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 13.10 No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or parties shall be deemed to have any rights in, under or to this Agreement. 13.11 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COUNTY: Snohomish County, a political subdivision of the State of Washington By Name: John Lovick Title: County Executive CITY: The City of Edmonds, a Washington municipal corporation By Name: Title: Approved as to Form: Deputy Prosecuting Attorney Approved as to Form: City Attorney [The remainder of this page is intentionally left blank.] Packet Page 283 of 393    AM-6556     6. G.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:10 Minutes   Submitted By:Kernen Lien Department:Planning Committee: Parks, Planning, Public Works Type:  Information Subject Title Discussion of Legal Lot Issues Recommendation Forward to Planning Board to develop code amendment recommendation to City Council defining what constitutes a legal lot in the City of Edmonds. Previous Council Action None. Narrative In order for a lot to be developed (or redeveloped) within the City of Edmonds, the lot must be a legal lot.  Over the last few months, there have been a number of properties where the legal status of the lot is in question and property owners have not been able to move forward with development proposals.  The City of Edmonds does not have a definition of legal lot nor a clear process within the code for determining legal lot status.  This is an issue that is likely to keep coming up as the last of the vacant properties in Edmonds are proposed for development and/or as older properties are redeveloped.  Staff is suggesting that code be developed to specifically define legal lot and the process for determining legal lot status.  A related issue that should be considered if a code update is pursued is "innocent purchaser."   An innocent purchaser is someone who unknowingly purchased an illegal lot.  As part of the legal lot issue, the City should develop a process where an innocent purchaser can be recognized and they can still develop the property they purchased if it meets certain criteria.  A clear example of a legal lot is where a property was part of a City/County approved subdivision that has been recorded with the Snohomish County Auditor. Lots with questionable legal status are ones that where created outside of the subdivision process (transfer of property through deed) or are part of an unrecorded plat, particularly if the property does not meet current zoning standards (or the standards in place at the time of their creation).    Items that should be taken into consideration in a code amendment include the timing of when the lot was created (did the City have a subdivision process in place when the lot was created) as well as the size of the lot (did the lot meet zoning requirements in place at the time of its creation). Form Review Inbox Reviewed By Date Planning Department Rob Chave 02/06/2014 01:42 PM City Clerk Scott Passey 02/06/2014 01:45 PM Mayor Dave Earling 02/06/2014 01:57 PM Finalize for Agenda Scott Passey 02/06/2014 02:02 PM Form Started By: Kernen Lien Started On: 02/06/2014 08:09 AM Final Approval Date: 02/06/2014  Packet Page 284 of 393    AM-6566     6. H.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:5 Minutes   Submitted For:Jerry Shuster Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorize the Mayor to sign a grant agreement with the State Recreation and Conservation Office (RCO) for $200,000 to complete the Final Feasibility Study for the Willow Creek Daylighting/Edmonds Marsh Restoration Project. Recommendation Forward the item to the consent agenda for approval at the February 18, 2014 City Council meeting. Previous Council Action On November 20, 2012, the Council authorized the Mayor to sign a grant agreement from the RCO for the Early Feasibility Study for the Willow Creek Daylighting project/Edmonds Marsh Restoration Project.  Narrative The City completed the Early Feasibility for the Willow Creek Daylighting project in the 2nd quarter of 2013.  In August 2013, the City applied to the RCO for additional funding to complete the Feasibility Study.  In December 2013, RCO awarded the City $200,000 for this project.  This grant is from the Puget Sound Acquisition and Restoration Fund (PSAR). The grant is part of more than $42 million given to organizations around the state for projects that restore and protect salmon habitat   The City of Edmonds will use this grant to complete the feasibility study for a project to improve the connection of Edmonds Marsh to Puget Sound through Willow Creek, which currently flows through a system of buried pipes and vaults built in the 1960s. Restoring an open channel connection from the marsh to Puget Sound will give salmon access to the marsh for rearing.   This table shows the major project tasks and a preliminary schedule: Task:Est. Completion Date: Finalize contractor selection process and award 2/2014 Cultural Resources Review 4/2014 Topographic surveys 6/2014 Beach outlet alignment 7/2014 Hydrodynamic modeling 9/2014 Geotechnical Assessment 11/2014 Contaminated Soils Assessment 11/2014 Final Feasibility Report 3/2015 Fiscal Impact: This grant will add $200,000 to the Stormwater Capital Fund. The grant requires a 15% match by the City. The matching money plus additional funding for other improvements in the area will be spent from the Stormwater Capital Fund.   Attachments RCO Grant Agreement Form Review Inbox Reviewed By Date Packet Page 285 of 393 Engineering Robert English 02/06/2014 02:21 PM Public Works Kody McConnell 02/06/2014 02:42 PM City Clerk Scott Passey 02/06/2014 02:42 PM Mayor Dave Earling 02/06/2014 03:03 PM Finalize for Agenda Scott Passey 02/06/2014 03:21 PM Form Started By: Megan Luttrell Started On: 02/06/2014 12:14 PM Final Approval Date: 02/06/2014  Packet Page 286 of 393 13-1107P PSAR Project Agreement Salmon Funding Accounts City of Edmonds Project Number:Project Sponsor: 12/4/2013Approval Date:Willow Creek Daylighting Final Feasibility StudyProject Title: PARTIES OF THE AGREEMENTA. This project grant Agreement (Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB) and the Recreation and Conservation Office, P.O. Box 40917, Olympia, Washington 98504-0917 and City of Edmonds (sponsor), 121 5th Ave N, Edmonds, WA 98020 and shall be binding on the agents and all persons acting by or through the parties. This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above. B. PURPOSE OF AGREEMENT C. DESCRIPTION OF PROJECT Edmonds Marsh is a 32-acre remnant of a historical 100+-acre barrier estuary and marsh complex located a short distance from the downtown core in the suburban City of Edmonds. This project is intended to address the key salmon recovery issue of limited juvenile access to important, yet rare, nearshore rearing habitat. The goal is to identify a design approach to restoration that significantly improves the connection between Edmonds Marsh and Puget Sound to provide juvenile salmon access to this intact estuarine rearing habitat by daylighting the Willow Creek outlet of Edmonds Marsh to Puget Sound. The Early Feasibility Study (completed in May 2013 and funded by RCO 11-1553) indicates this restoration action will provide improved access to 28 acres of estuarine marsh habitat suitable for juvenile Chinook salmon. The goal of the current project phase, Final Feasibility, is to address the remaining technical and social aspects of the project prior to entering into design work. These aspects include evaluating the marsh outlet configuration that would allow for juvenile salmon access into the marsh while still providing public park uses, evaluate the need for structural measures in the daylight channel to improve fish passage conditions and/or protect infrastructure, determine the need for a self-regulating tidegate to protect from coastal flooding, and assess the availability of the Unocal property for a daylighted channel and planted buffers. The project reimbursement period shall begin on December 5, 2013 and end on December 31, 2015. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC. Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is made after the Agreement end date, the time extension may be denied. The sponsor has obligations beyond this period of performance as described in Section E. D. PERIOD OF PERFORMANCE E. ON-GOING OBLIGATION The Project Sponsor's on-going obligation for the project shall be the same as the Period of Performance period identified in Section D. The total grant award provided by the funding board for this project shall not exceed $200,000.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board’s percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: F. PROJECT FUNDING Percentage Dollar Amount $200,000.00 85.00%SRFB - Puget Sound Acq. & Restoration 15.00%Project Sponsor $35,300.00 Total Project Cost $235,300.00 100.00% PROJAGR.RPT Salmon Funding Accounts Page 1 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 287 of 393 All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now existing or hereafter amended, including the sponsor’s application, eligible scope activities, project milestones, and the Standard Terms and Conditions of the project Agreement, all of which are incorporated herein. Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such amendment/deletions must be signed by both parties except the RCO director may unilaterally make amendments to extend the period of performance. Period of performance extensions need only be signed by RCO’s director or designee. G. RIGHTS AND OBLIGATIONS This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 420 WAC, and published agency policies, which are incorporated herein by this reference as if fully set forth. H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES I. SPECIAL CONDITIONS Disclosure notice: Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the following federal assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic Assistance Number 11.438, or 2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance Numbers 66.123 and 66.456. PSAR funded projects: Any signage or press materials must acknowledge the Puget Sound Acquisition and Restoration Fund as well as RCO as a fund source. Subject to EO 05-05: This project is subject to Governor's Executive Order 05-05 Archaeological and Cultural Resources (EO 05-05) as described in Section 9 of this project agreement. RCO will need to initiate cultural resources consultation following EO 05-05 for all ground disturbing activities. Completion of this consultation and a Notice to Proceed from RCO will be required before these ground-disturbing activities can begin. Feasibility Deliverables: This project will meet the standards for Design and Restoration Project Deliverables described in Manual 18 Appendix D-1. Project deliverables must include a comprehensive feasibility report that includes the following elements: 1. Description of the reach and the problem(s) within the context of salmon recovery. 2. Identification of specific objectives for addressing the problem(s). 3. Presentation and evaluation of basic site characterization data and engineering analysis that was used for identifying the conceptual design alternatives. 4. Identification and conceptual design of alternatives for achieving the project objectives. Each conceptual design alternative should include a description of the design and at least a plan view drawing of the proposed project on an accurately-scaled site plan. The plan view drawing should include: an area/location map; property boundaries (either surveyed or approximated based on assessor’s data); landownership; roads or other infrastructure as appropriate; scale; North arrow; water bodies and direction of flow; ordinary high water line or mean high water line for marine waters; and approximate dimensions of proposed elements. Sponsors should provide a plan view showing the existing conditions of the site as well as the proposed project. 5. Evaluation and discussion of the pros and cons of each alternative. This explanation should take into account the views of stakeholders (including landowners, and lead entity citizen and technical groups) and other factors the sponsor considers relevant. 6. Selection of preferred alternative(s) including an explanation for why it was selected over the other alternatives. For some projects, it may be unrealistic to narrow the “preferred alternative” to one option, because additional technical information may be needed to make a fully informed choice. PROJAGR.RPT Salmon Funding Accounts Page 2 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 288 of 393 J. FEDERAL FUND INFORMATION (none) PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both: Project Contact 121 5th Ave N Edmonds, WA 98020 Address: Title: Jerry ShusterName: Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 K. SRFB Recreation and Conservation Office shuster@ci.edmonds.wa.usEmail: These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M.EFFECTIVE DATE This Agreement, for project 13-1107P, shall be subject to the written approval of the RCO’s authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D above are allowed only when this Agreement is fully executed and an original is received by RCO. City of Edmonds Assistant Attorney General By: Title: Date: Pre-approved as to form: By: /s/ Name: (printed) State of Washington On behalf of the Salmon Recovery Funding Board (SRFB) Date:By: Kaleen Cottingham Director Date: The sponsor/s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement. The signators listed below represent and warrant their authority to bind the parties to this Agreement. June 7, 2013 PROJAGR.RPT Salmon Funding Accounts Page 3 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 289 of 393 Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS…………………………………………………...6 SECTION 2. PERFORMANCE BY THE SPONSOR…………………………………………………………… SECTION 3. ASSIGNMENT………………………………………………………………………………………. SECTION 4. RESPONSIBILITY FOR PROJECT………………………………………………………………. SECTION 5. INDEMNIFICATION………………………………………………………………………………… SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR…………………………………………….... SECTION 7. CONFLICT OF INTEREST………………………………………………………………………… SECTION 8. ACKNOWLEDGMENT AND SIGNS……………………………………………………………… SECTION 9. COMPLIANCE WITH APPLICABLE LAW……………………………………………………… SECTION 10. HAZARDOUS SUBSTANCES……………………………………………………………………. SECTION 11. RECORDS…………………………………………………………………………………………... SECTION 12. TREATMENT OF ASSETS………………………………………………………………………... SECTION 13. RIGHT OF INSPECTION…………………………………………………………………………... SECTION 14. STEWARDSHIP AND MONITORING……………………………………………………………. SECTION 15. DEBARMENT CERTIFICATION………………………………………………………………….. SECTION 16. PROJECT FUNDING………………………………………………………………………………. SECTION 17. PROJECT REIMBURSEMENTS…………………………………………………………………. SECTION 18. ADVANCE PAYMENTS…………………………………………………………………………… SECTION 19. RECOVERY OF PAYMENTS…………………………………………………………………….. SECTION 20. CONVENANT AGAINST CONTINGENT FEES………………………………………………... SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS………………………………………………………………………. SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS…………………………………… SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES……………………………………………………….. SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS………………………………………………………………………. SECTION 25. INCOME AND INCOME USE…………………………………………………………………….. SECTION 26. PREFERENCES FOR RESIDENTS…………………………………………………………….. 8 8 10 10 11 7 7 7 7 7 13 13 12 11 11 11 10 10 10 9 9 9 8 12 13 PROJAGR.RPT Salmon Funding Accounts Page 4 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 290 of 393 SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS………………………………………………………………………………………… SECTION 28. LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS…………………………………………………………. SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE……………………………………... SECTION 30. FARMLAND PRESERVATION ACCOUNT……………………………………………………. SECTION 31. ORDER OF PRECEDENCE……………………………………………………………………... SECTION 32. AMENDMENTS……………………………………………………………………………………. SECTION 33. LIMITATION OF AUTHORITY…………………………………………………………………… SECTION 34. WAIVER OF DEFAULT…………………………………………………………………………… SECTION 35. APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR BREACH……………………………………………………………….. SECTION 36. SPECIFIC PERFORMANCE…………………………………………………………………….. SECTION 37. TERMINATION……………………………………………………………………………………. SECTION 38. DISPUTE HEARING……………………………………………………………………………… SECTION 39. ATTORNEYS’ FEES……………………………………………………………………………... SECTION 40. GOVERNING LAW/VENUE……………………………………………………………………... SECTION 41. SEVERABILITY…………………………………………………………………………………… 16 16 15 15 15 14 14 14 14 14 13 14 15 15 16 PROJAGR.RPT Salmon Funding Accounts Page 5 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 291 of 393 13-1107P Standard Terms and Conditions of the Project Agreement City of Edmonds Project Number:Project Sponsor: 12/4/2013Approval Date:Willow Creek Daylighting Final Feasibility StudyProject Title: SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A.Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B.Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C.Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition -The purchase of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. Agreement - The accord accepted by all parties to the present transaction; this Agreement, any supplemental Agreements, any amendments to this Agreement and any intergovernmental Agreements. applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the funding Board. application - The documents and other materials that an applicant submits to the RCO to support the applicant’s request for grant funds; this includes materials required for the “Application” in the RCO’s automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. asset - Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement. This definition is restricted to non-fixed assets, including but not limited to vehicles, computers or machinery. cognizant or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements. contractor - Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor. The term "contractor" and "contractors" means contractor(s) in any tier. development - The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation, salmon recovery or habitat conservation resources. director - The chief executive officer of the Recreation and Conservation Office or that person’s designee. elements, items and worktypes - Components of the funded project as provided in the project description. funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77.85.110 RCW. grantee - The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant-supported project or activities. landowner agreement - A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. lower tier participant - refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone - An important event with a defined deadline for an activity related to implementation of a funded project. period of performance - The time period specified in the Agreement, under Section D, period of performance. project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement - Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation - The activities intended to improve an existing site or structure in order to increase its service life or functions. This does not include maintenance activities. restoration -Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. RTP - Recreational Trails Program - A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor - one of two or more eligible organizations that sponsors a grant-funded project. Of these two sponsors, only one - the primary sponsor - may be the fiscal agent. sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. subgrantee - The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. PROJAGR.RPT Salmon Funding Accounts Page 6 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 292 of 393 The sponsor, and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaluation summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 31. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. SECTION 2. PERFORMANCE BY THE SPONSOR Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office. SECTION 3. ASSIGNMENT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION 4. RESPONSIBILITY FOR PROJECT The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its agents, officers, employees , subcontractors and or vendors, of any tier, or any other persons for whom the State may be legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor’s negligence or the negligence of the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier. The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State’s, its agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to State, its agents, officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor’s own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government. SECTION 5. INDEMNIFICATION The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR PROJAGR.RPT Salmon Funding Accounts Page 7 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 293 of 393 state, and/or local laws. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION 7. CONFLICT OF INTEREST SECTION 8. ACKNOWLEDGMENT AND SIGNS Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. A. Signs. The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. B. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program’s funding contribution at all dedication ceremonies. C. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money ; 2. The dollar amount of federal funds for the project; and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources . D. The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor’s noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor’s failure to so comply with applicable law. Wages and Job Safety The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis-Bacon Act, and other federal laws, and the rules and regulations of the Washington State Department of Labor and Industries. Archaeological and Cultural Resources The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of SECTION 9. COMPLIANCE WITH APPLICABLE LAW PROJAGR.RPT Salmon Funding Accounts Page 8 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 294 of 393 Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes’ cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe’s cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50 Restrictions on Grant Use No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. SECTION 10. HAZARDOUS SUBSTANCES Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in Chapter 70.105D.020 (10) RCW, and certify: A. No hazardous substances were found on the site, or1. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed “clean.” 2. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. B. Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. C. SECTION 11. RECORDS Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project complete , as defined in Section 17(C) below. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. A. Access to records and data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the sponsor’s reports, including computer models and methodology for those models. B. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state’s defense of such claims. C. SECTION 12. TREATMENT OF ASSETS Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the asset(s) for the purpose for which it was funded, RCO will require the sponsor to deliver the asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to RCO. Assets shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing. A. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. B. PROJAGR.RPT Salmon Funding Accounts Page 9 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 295 of 393 The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure has been executed, it will further stipulate and define the funding board and RCO’s right to inspect and access lands acquired or developed with funding board assistance. SECTION 13. RIGHT OF INSPECTION Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board. SECTION 14. STEWARDSHIP AND MONITORING SECTION 15. DEBARMENT CERTIFICATION For Federally Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at http://www.gsaig.gov/index.cfm?LinkServID=C4C89080-D2BE-D29A-96355D44A13E4356. The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed circumstances. A. For State Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the “Contractors not Allowed to Bid on Public Works Projects” list at http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/ B. SECTION 16. PROJECT FUNDING Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. A. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. B. After the period of performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. C. Disclosure notice. Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the following federal assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic Assistance Number 11.438, or 2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance Numbers 66.123 and 66.456. D. Compliance and Retainage. RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place (if applicable); C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. B. This contract is administered on a reimbursement basis. The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO’s percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO does not reimburse for donations which the sponsor may use as part of its percentage. All reimbursement requests must include proper documentation of expenditures as required by RCO. A. SECTION 17. PROJECT REIMBURSEMENTS PROJAGR.RPT Salmon Funding Accounts Page 10 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 296 of 393 3. A final project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; and 8. Fiscal transactions are complete. 9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. D. Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060 (5). SECTION 18. ADVANCE PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. SECTION 19. RECOVERY OF PAYMENTS The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 20. COVENANT AGAINST CONTINGENT FEES The following provisions shall be in force only if the project described in this Agreement is for development, renovation and restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS Document Review and Approval. The sponsor agrees to submit one copy of all development, renovation, restoration or construction plans and specifications to RCO for review prior to implementation. Review and approval by RCO will be for compliance with the terms of this Agreement. A. Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process that follows applicable state and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures: (1) publish a notice to the public requesting bids/proposals for the project (2) specify in the notice the date for submittal of bids/proposals (3)specify in the notice the general procedure and criteria for selection; and (4) comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B. Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. C. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term lease, easement, or fee simple ownership) for the land proposed for development, renovation or restoration. The documentation must meet current RCO requirements. D. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: E. "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies.” Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three documents: “Stream Habitat Restoration Guidelines: Final Draft”, 2004; “Design of Road Culverts for Fish Passage”, 2003; and “Integrated Streambank Protection Guidelines”, 2002. These documents and other information can be found on the AHG website. F. PROJAGR.RPT Salmon Funding Accounts Page 11 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 297 of 393 Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. D. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the Agreement before final payment. C. Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. B. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. A. The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property (including easements) for outdoor recreation, habitat conservation, salmon recovery purposes, or farmland preservation: SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. 3. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 2. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 1. Real Property Acquisition and Relocation AssistanceE. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 1. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. 3. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 2. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9 - Archaeological and Cultural Resources before structures are removed or demolished. F. The sponsor shall not at any time convert any real property or facility acquired, developed, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board’s conversion policy, current or as amended in the future, that all real property or facilities acquired, developed, renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation, or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding board policies. SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES PROJAGR.RPT Salmon Funding Accounts Page 12 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 298 of 393 According to applicable federal, state, and local laws and regulations, including public health standards and building codes.A. For acquisition, development, renovation and restoration projects, sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and maintained: SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS In a reasonably safe condition for the project’s intended use.B. Throughout its estimated life so as to prevent undue deterioration.C. In compliance with all federal and state nondiscrimination laws, regulations and policies.D. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of area or facility. G. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.F. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. E. For acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must: Income.A. SECTION 25. INCOME AND INCOME USE Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunities furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A.25.210 RCW). 2. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 1. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law, the revenue may only be used to offset: B. The sponsor’s matching funds;1. The project’s total cost; 2. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor’s system; and/or 4. Capital expenses for similar acquisition and/or development.5. Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 26. PREFERENCES FOR RESIDENTS A corporate sponsor, including any nonprofit sponsor, shall: SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS Maintain corporate status with the state, including registering with the Washington Secretary of State’s office, throughout the sponsor’s obligation to the project as identified in the Agreement. A. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the sponsor’s obligation to the qualified successor if requirements are met. B. Sites or facilities open to the public may not require exclusive use, (e.g., members only).C. PROJAGR.RPT Salmon Funding Accounts Page 13 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 299 of 393 The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. A. SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. B. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement. C. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the sponsor. D. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. E. By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others, for any and all remedies that may be available by law. F. If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the “Project Agreement General Provisions” in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8 - Acknowledgement and Signs, • Section 10 - Hazardous Substances, • Section 14 - Stewardship and Monitoring • Section 22 - Provisions Applying to Acquisition Projects, Sub-sections F and G. • Section 23 - Restriction on Conversion of Real Property and/or Facilities to Other Uses, • Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects, Sub-sections E, F, G, and • Section 25 - Income and Income Use SECTION 30. FARMLAND PRESERVATION ACCOUNT This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: SECTION 31. ORDER OF PRECEDENCE Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; A. Project agreement including attachments;B. Special Conditions;C. Standard Terms and Conditions of the Project Agreement.D. Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO’s director or designee. SECTION 32. AMENDMENTS Only RCO or RCO’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 33. LIMITATION OF AUTHORITY PROJAGR.RPT Salmon Funding Accounts Page 14 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 300 of 393 Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director’s designee, and attached to the original Agreement. SECTION 34. WAIVER OF DEFAULT The funding board and RCO rely on the sponsor’s application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SECTION 35. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 36. SPECIFIC PERFORMANCE The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board SECTION 37. TERMINATION For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. A. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. C. Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board’s chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other SECTION 38. DISPUTE HEARING PROJAGR.RPT Salmon Funding Accounts Page 15 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 301 of 393 party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. SECTION 39. ATTORNEYS’ FEES This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing law/venue applies: SECTION 40. GOVERNING LAW/VENUE Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court. A. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project Funding of the Agreement in order to satisfy the judgment. B. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys’ fees. C. For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. SECTION 41. SEVERABILITY PROJAGR.RPT Salmon Funding Accounts Page 16 of 16 PSAR Project Agreement - RCO #13-1107P Chapter 77.85 RCW, Chapter 420 WAC Packet Page 302 of 393    AM-6551     6. I.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:10 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorize Mayor to sign Interlocal Agreement with Department of Fish and Wildlife Recommendation Forward to consent agenda for full Council for approval. Previous Council Action None Narrative The Edmonds Fishing Pier is in much need of capital repair.  It is owned by the Department of Fish and Wildlife, located on the Port of Edmonds Property, and is operated and maintained by the City of Edmonds.  This has been a longstanding partnership to establish and maintain this asset for the City of Edmonds.  Recently, the Department of Fish and Wildlife has been in discussion with the City of Edmonds in regards to beginning some long needed repair work.  They have allocated $190,000 to the City of Edmonds to begin the analysis and design work for the repair.  The City and State will pursue, in partnership, grant funding through RCO's ALEA and Local Parks categories in the 2014 grant cycle for additional funds to complete construction. The City's Engineering division will manage this project. Attachments ILA Fishing Pier Fishing Pier Condition Survey Form Review Inbox Reviewed By Date Public Works Kody McConnell 02/06/2014 01:31 PM City Clerk Scott Passey 02/06/2014 01:45 PM Mayor 02/06/2014 01:57 PM Finalize for Agenda Scott Passey 02/06/2014 02:02 PM Form Started By: Carrie Hite Started On: 02/05/2014 10:55 AM Final Approval Date: 02/06/2014  Packet Page 303 of 393 Packet Page 304 of 393 Packet Page 305 of 393 Packet Page 306 of 393 Packet Page 307 of 393 Packet Page 308 of 393 Packet Page 309 of 393 Packet Page 310 of 393 Packet Page 311 of 393 Packet Page 312 of 393 Packet Page 313 of 393 Packet Page 314 of 393 Packet Page 315 of 393 Packet Page 316 of 393 Packet Page 317 of 393 Packet Page 318 of 393 Packet Page 319 of 393 Packet Page 320 of 393 Packet Page 321 of 393 Packet Page 322 of 393 Packet Page 323 of 393 Packet Page 324 of 393 Packet Page 325 of 393 Packet Page 326 of 393 Packet Page 327 of 393 Packet Page 328 of 393 Packet Page 329 of 393 Packet Page 330 of 393 Packet Page 331 of 393 Packet Page 332 of 393 Packet Page 333 of 393 Packet Page 334 of 393 Packet Page 335 of 393 Packet Page 336 of 393 Packet Page 337 of 393 Packet Page 338 of 393 Packet Page 339 of 393 Packet Page 340 of 393 Packet Page 341 of 393 Packet Page 342 of 393 Packet Page 343 of 393 Packet Page 344 of 393 Packet Page 345 of 393 Packet Page 346 of 393 Packet Page 347 of 393 Packet Page 348 of 393 Packet Page 349 of 393 Packet Page 350 of 393    AM-6569     6. J.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:  Submitted By:Carrie Hite Department:Parks and Recreation Committee: Parks, Planning, Public Works Type: Action Information Subject Title City Park Project Update Recommendation Review update of project and provide guidance to staff or forward to full Council to provide guidance to staff. Previous Council Action Council authorized expenditures and received grants for City Park Spray and Play revitalization. Council authorized a Professional Services Agreement with MacLeod Reckord for Architectural and Engineering services for the City Park revitalization project.  Council authorized the Mayor to sign an award of bid for the Play Equipment. Council authorized the Mayor to sign an award of bid for the Spray Equipment. Narrative The City Park Revitalization project has been underway since January 2013. The project has several moving parts of which I will attempt to describe in this narrative. After a formal bidding process, MacLeod Reckord was awarded the A/E bid from Council in March 2013. Staff have been working with MacLeod Reckord to complete 95% design and bid documents for the construction of City Park Play and Spray revitalization. There are several components of this project that staff have completed and bid separately from the A/E contract in order to avoid the markup costs and to save money. To date, the City staff have facilitated the completion of the survey and wetland delineation for this project. In addition, staff have published formal bid processes for both the Play equipment and Spray equipment. Council has awarded a bid for the Play equipment and Spray equipment. We have now completed the 95% construction documents and they are in the process of review by the building department. In the review process, there were several concerns raised, the largest concern being the actual construction process given the geotechnical report. The geotechnical report demonstrates an artesian flow of water directly below the construction area of the spray pad. Design and specific earthwork projects often includes some uncertainty, multiple options for construction methods, design parameters, and strategies specifying and bidding the project, all with varying degrees of cost vs. risk. The design team, the geotechnical consultant, Public Works and Parks staff met on January 24, 2014 to discuss these concerns and explore options for this project weighing both the cost and the risk for construction. It was determined that the best possible alternative in moving forward with this project was to conduct additional geotechnical work, and possibly redesign the location of the catchment tank to the hillside. This would undoubtedly be dryer ground, and give the depth to install the tank without disturbing the artesian water flow. It was also determined that the best possible time to construct this would be in the dryer months of August – October. Considering the additional geotechnical work, the redesign, and the 95% construction costs, attached is the updated budget for this project.  Packet Page 351 of 393 Total expenditures, with tax and contingency would total $1,672,419. Revenues for the project currently total 1,350,000. This includes $500,000 from the Parks CIP, $500,000 from the State Recreation and Conservation Office, $270,000 from Hazel Miller Foundation, and $80,000 from Snohomish County. The City has several options in reviewing this project. Options: 1. Approve additional budget expenditure and go forward in the redesign and construction of the project. We do have $155,000 in the 125 and $170,000in the 132 that could realistically be directed to this project.  2. Cease the project. To date we have spent $106,000 on survey, design, wetland mitigation and permitting. We also have paid deposits for both the spray equipment and play equipment, totaling $169,000 that could be refundable. 3. Continue with replacement of the play area, research options for a new location at City Park of the spray area that would allow us to use a recirculating system for the water. We would need to contact the State RCO, Hazel Miller Foundation, and Snohomish County to determine if we could redirect the grants to a stand alone spray area in City Park. We would also need to dedicate some funds to geotechnical work and design for a new area.  Attachments City Park Project budget Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/06/2014 01:27 PM Mayor Dave Earling 02/06/2014 02:03 PM Finalize for Agenda Scott Passey 02/06/2014 02:05 PM Form Started By: Carrie Hite Started On: 02/06/2014 01:15 PM Final Approval Date: 02/06/2014  Packet Page 352 of 393 95% Budget Additional Line item total Project Total Project A&E 168,480.00$ 46,409.00$ 214,889.00$ Redesign 17,777.00$ Construction Support 19,640.00$ Additional Geotech 8,992.00$ Survey 17,000.00$ 17,000.00$ Wetland Mitigation 15,000.00$ 15,000.00$ Permits Play Equipment 177,122.00$ 177,122.00$ Spray Equipment 159,853.00$ 159,853.00$ Items by owner 3 phase power 75,000.00$ 75,000.00$ Plantings and irrigation 16,500.00$ 16,500.00$ Total 628,955.00$ 675,364.00$ 675,364.00$ Construction 758,775.00$ 69,000.00$ 827,775.00$ Contingency 10%75,878.00$ 6,900.00$ 82,778.00$ Total 834,653.00$ 75,900.00$ 910,553.00$ Tax ( 9.5%)79,292.00$ 7,210.00$ 86,502.00$ Total 913,945.00$ 83,110.00$ 997,055.00$ 997,055.00$ Total 1,672,419.00$ Revenue CIP/REET 125 500,000.00$ Hazel Miller Foundation 270,000.00$ RCO grant 500,000.00$ Snohomish County 80,000.00$ Total 1,350,000.00$ Deficit/Need 322,419.00$ Packet Page 353 of 393    AM-6553     7. A.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:10 Minutes   Submitted By:Scott Passey Department:City Clerk's Office Committee: Public Safety, Personnel Type: Action Information Subject Title Review and recommendation on ordinance enacting recreational marijuana licensing regulations. Recommendation Provide direction to staff regarding proposed licensing regulations and direct staff to bring forward an ordinance enacting recreational marijuana licensing regulations for Council approval on a future consent agenda. Previous Council Action The City Council established a six-month moratorium on marijuana-related businesses and activities by passing Ordinance No. 3938 on August 20, 2013, to enable the City to develop appropriate regulations to address the implementation of I-502 within Edmonds. The Planning Board will hold a public hearing on zoning provisions on February 12, 2014. Due to the timing of the Planning Board's action, coupled with the fact that the Council has yet to consider proposed licensing amendments to the city code, an extension of the existing moratorium was necessary. On February 4, 2014, the City Council passed Ordinance No. 3960 which extended the moratorium for three months to allow the City time to amend its code to establish the necessary protocols consistent with the Liquor Control Board's proposed new regulations. The expiration date of the extended moratorium is May 15, 2014. Narrative The draft ordinance (Exhibit 1) describes the application process, qualifications and requirements to obtain a recreational marijuana business license, and terms of such licenses, renewals, violations and penalties. Attachments Draft Ordinance - Recreational Marijuana Licensing Form Review Form Started By: Scott Passey Started On: 02/05/2014 03:25 PM Final Approval Date: 02/05/2014  Packet Page 354 of 393 DRAFT – September 23, 2013 For cities and towns desiring to adopt business license regulations for recreational marijuana uses. Given the current state of the law with regard to medical marijuana uses (see, page 13-14 of the Article Medical and Recreational Marijuana Uses – Local Regulation, by Carol Morris), permitting and licensing of medical marijuana uses is not recommended at this time. NOTE: Please review the Liquor Control Board’s proposed rules on licensing of recreational marijuana businesses, proposed chapter 314-55 WAC. ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF ______, WASHINGTON, RELATING TO BUSINESS LICENSES, ADOPTING BUSINESS LICENSE REQUIREMENTS FOR RECREATIONAL MARIJUANA USES, DESCRIBING THE REQUIREMENTS FOR LICENSE APPLICATIONS, FEES, INSPECTIONS, SIGNS, NECESSITY FOR REPORTING OF DISTURBANCES AND UNLAWFUL ACTIVITY, OPERATING AND LOCATIONAL REQUIREMENTS, REQUIRING PAYMENT OF SALES TAX, ADDRESSING NONRENEWALS, SUSPENSIONS AND REVOCATION, INDEMNIFICATION AND ENFORCEMENT, ADOPTING A NEW CHAPTER ____ TO THE _______ MUNICIPAL CODE. ____________________________________________________________________________ WHEREAS, In November of 2012, the Washington voters passed I-502, which directed the Washington State Liquor Control Board (LCB) to regulate recreational marijuana by licensing and taxing recreational marijuana producers, processors and retailers; and WHEREAS, the regulatory scheme in I-502 required the LCB to adopt rules before December of 2013 to address the methods for producing, processing and packaging of recreational marijuana, to establish security requirements for retail outlets, retail outlet locations and hours of operation, labeling requirements and method of transport of product throughout the state, taxing of marijuana-related activities, creation of a dedicated fund is created, consisting of marijuana excise taxes, license fees, penalties and other income: and WHEREAS, on September 4, 2013, the LCB issued proposed new regulations, which: prohibits the establishment of recreational marijuana businesses within 1,000 feet of certain identified sensitive uses, require criminal history background checks for licensees, establish qualifications for licensees, limits the amount of space available for recreational marijuana production, allows marijuana to take place indoors in a fully enclosed, secure facility or outdoors enclosed by a physical barrier with an 8 foot high fence, limits the average inventory on the licensed premises at any time, limits the number of retailers within counties and cities within the Packet Page 355 of 393 counties based on estimated consumption and population data, establishes insurance requirements for licensees, describes the security requirements, requires employees to wear badges, requiring alarm and surveillance systems on the licensed premises, requires that licensees track marijuana from seed to sale, establishes the manner in which free samples of marijuana may be provided, prohibits the sale of soil amendments, fertilizers and other crop production aids, identifies transportation requirements, sign requirements, recordkeeping requirements, identifies a mechanism for enforcement of violations, including the failure to pay taxes, specifies marijuana infused product serving sizes, maximum number of servings and limitations on transactions, identifies marijuana waste disposal restrictions, describes the process for quality assurance testing, extraction and the requirements for packaging and labeling, describes advertising limitations, explains the process for licensing suspension, revocation and penalties for violations; and WHEREAS, the LCB intends to have a hearing on the Revised Proposed Rules on October 9, 2013 so that the Rules will become final on November 18, 2013, to accept license applications on November 18, 2013 and to issue licenses beginning on December 1, 2013; and WHEREAS, on ____________, 201_, the City adopted Ordinance _____ addressing recreational marijuana; and WHEREAS, on ___________________, the Council considered this draft ordinance during its regular meeting; WHEREAS, on ___________________, the Council decided to adopt this ordinance __________________; NOW, THEREFORE, THE _____ CITY COUNCIL OF THE CITY OF ______ ORDAINS AS FOLLOWS: Section 1. A new Chapter 5.09 is hereby added to the _______ Municipal Code, which shall read as follows: CHAPTER 5.09 RECREATIONAL MARIJUANA Sections: 05.09.001 Findings and Purpose. 05.09.002 Definitions. 05.09.003 License Required, Effective Date. 05.09.004 Relationship to Recreational Marijuana Laws and Other Laws 05.09.005 Designation of Licensing Authority. 05.09.006 Requirements of Application for License. 05.09.007 Inspection Fee. 05.09.008 Denial of Application. 05.09.009 Locational Criteria. 05.09.010 Change of Location. 05.09.011 Outdoor Signage and Advertising. Packet Page 356 of 393 05.09.012 Security Requirements. 05.09.013 Report of Disturbances and Unlawful Activity. 05.09.014 Visibility of Activity and Control of Emissions. 05.09.015 Sales Tax 05.09.016 Inspection of Licensed Premises. 05.09.017 Nonrenewal, Suspension or Revocation of License. 05.09.018 No City Liability – Indemnification. 05.09.019 Other Laws Remain Applicable. 5.09.001. Findings and Purpose. A. The Council adopts all of the “whereas” sections of this Ordinance as findings to support this Chapter. B. The purpose of this chapter is to describe the application process, qualifications and requirements to obtain a recreational marijuana business license, terms of such licenses, renewals, violations and penalties. C. No part of this chapter is intended to or shall be deemed to conflict with federal law, including but not limited to, the Controlled Substances Act, 21 U.S.C. Section 800 et seq., the Uniform Controlled Substances Act (chapter 69.50 RCW) nor to otherwise permit any activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. Nothing in this Chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale or use of medical cannabis or recreational marijuana in any manner not authorized by chapter 69.51A RCW or chapter 69.50 RCW. Nothing in this Chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. It is the intention of the City Council that this Chapter be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass. 5.09.002. Definitions. For purposes of this chapter, the following definitions apply: A. “Child Care Center” means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington State Department of Early Learning, under chapter 170-295 WAC. B. “Cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof. C. “Deliver or Delivery” means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship. D. “Elementary School” means a school for early education that provides the first four to eight years of basic education and is recognized by the Washington State Superintendent of Public Instruction. Packet Page 357 of 393 E. “Game Arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted. F. “Indoors” means within a fully enclosed and secure structure that complies with the Washington State Building Code, as adopted by the City, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as 2” by 4” or thicker studs overlain with 3/8” or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. G. “Library” means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation. H. “Marijuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. For the purposes of this Ordinance, “cannabis” or “marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. I. “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana. J. “Marijuana, Usable” means dried marijuana flowers. The term “usable marijuana” does not include marijuana-infused products. K. “Outdoors” means any location that is not “indoors” within a fully enclosed and secure structure as defined herein. L. "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision of agency or any other legal or commercial entity. M. “Playground” means a public outdoor recreation area for children, usually equipped with swings, slides and other playground equipment, owned and/or managed by a city, county, state or federal government. N. "Process" means to handle or process cannabis in preparation for medical use. Packet Page 358 of 393 O. “Processer, Marijuana” means a person licensed by the State Liquor Control Board to process marijuana into useable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products as wholesale to marijuana retailers. P. “Producer, Marijuana” means a person licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. Q. "Produce or Production" means to manufacture, plant, grow or harvest cannabis or marijuana. R. “Public Park” means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government or metropolitan park district. Public park does not include trails. S. "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; premises where goods and services are offered to the public for retail sale; public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages, and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, buses, ferries, and other public conveyances of all kinds and character, and the depots, stops, and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. T. “Public Transit Center” means a facility located outside of the public right of way that is owned and managed by a transit agency or city, county, state or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. U. “Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state or federal government. V. “Retailer, Marijuana” means a person licensed by the State Liquor Control Board to sell usable marijuana and marijuana-infused products in a retail outlet. W. “Retail outlet” means a location licensed by the State Liquor Control Board for the retail sale of useable marijuana and marijuana-infused products. Packet Page 359 of 393 X. “Secondary School” means a high and/or middle school: A school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington State Superintendent of Public Instruction. Y. "Useable cannabis or usable marijuana" means dried flowers of the Cannabis plant. The term “usable cannabis or usable marijuana” does not include marijuana-infused products or cannabis products. 5.09.003 License Required -- Effective Date. A. It shall be unlawful for any person or entity to operate any recreational marijuana producer, processor or retail outlet without first having obtained a local license under this Chapter and a State license under Chapter 314-55 WAC, for each facility to be operated in connection with such business. Such license shall be kept current at all times, and the failure to maintain a current license shall constitute a violation of this Section. B. No person shall be deemed to have any entitlement or vested right to licensing under this Chapter by virtue of having received any prior license or permit from the City, including, by way of example, any zoning permit, medical marijuana license, wholesale food manufacturer’s license, or any other license. In order to lawfully engage in the business of producing, processing or selling recreational marijuana in the City, a person must qualify for and obtain a license in accordance with this Chapter and Chapter 314-55 WAC. C. This Chapter is not intended to regulate the possession, cultivation or use of medical marijuana by anyone who may qualify as a Qualified Patient or Designated Care Provider, under chapter 69.51A RCW. 5.09.004 Relationship to Recreational Marijuana Laws and Other Laws. Except as otherwise specifically provided herein, this Chapter incorporates the requirements and procedures set forth in I-502, as codified in chapter 69.50 RCW and chapter 314-55 WAC. In the event of any conflict between the provisions of this chapter 5.09 and the provisions of chapter 69.50 RCW or chapter 314-55 WAC, the more restrictive provision shall control. 5.09.005 Designation of Licensing Authority. In accordance with Section ________ of the ____ Municipal Code, the ____________ is designated as the local Licensing Authority for the purpose of administering this Chapter. The Licensing Authority shall have the following responsibilities: A. To grant or deny licenses under this Chapter, to grant or deny transfers of ownership or location of the license and impose penalties against licensees in the manner provided by law. Packet Page 360 of 393 B. To promulgate rules and regulations regarding the procedures for hearings before the Licensing Authority, and to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the Authority is authorized to conduct. Any such subpoena shall be served in the same manner as a subpoena issued by the Washington courts. C. To require any applicant or licensee to furnish any relevant information required by this Chapter. 5.09.006 Requirements of Application for License; Payment of Application Fee.1 A. A person or entity seeking a license pursuant to Washington State law and the provisions of this Chapter shall submit an application to the City on forms provided by the City. At the time of the application, each applicant shall pay a nonrefundable application fee to defray the costs incurred by the City for the processing of the application, as well as an inspection fee (as described in Section 5.09.007 below). In addition, the applicant shall present a suitable form of identification. B. The applicant shall also provide the following information on a form approved by, or acceptable to, the Licensing Authority, which information may be required for the applicant, the proposed manager of the recreational marijuana business (production, processing or retail outlet) and all persons having a financial interest in such business that is the subject of the application, or, if the applicant is an entity, having a financial interest in the entity: 1. name, address and date of birth; 2. An acknowledgement and consent that the City may conduct a background investigation, including a criminal history check, and that the City will be entitled to full and complete disclosure of all financial records of the recreational marijuana business, including records of deposit, withdrawals, balances and loans; 3. If the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status, and proof of registration with, or a certificate of good standing from, the Washington Secretary of State, as applicable; 4. If the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for the recreational marijuana use (production, processing or retail outlet); 5. A copy of any deed reflecting the applicant’s ownership of, or lease reflecting the right of the applicant to process, the proposed licensed premises; 6. Evidence of a valid State license for the recreational marijuana business; 7. A “to scale” diagram of the proposed licensed premises, no larger than eleven (11) inches by seventeen (17) inches, showing, without limitation, building layout, all entryways and exits to the proposed licensed premises, loading zones and all areas in which recreational marijuana will be stored, grown, manufactured or sold; 1 Keep in mind that the State will perform a criminal history background check, an investigation into the residency requirements, a financial investigation to verify the source of the funds used for the acquisition and start-up of the business, etc. WAC 314-55-020. Packet Page 361 of 393 8. A comprehensive business operation plan for the recreational marijuana business which shall contain, at a minimum, the following: (a) A security plan meeting the requirements of State law; (b) A description of all products to be processed, produced, cultivated or sold; (c) A plan for exterior signage that is in compliance with State law, this Chapter and the City’s sign code, including photographs and/or illustrations of the proposed signage; and 9. Any additional information that the Licensing Authority reasonably determines to be necessary in connection with the investigation and review of the application.2 C. All recreational marijuana businesses shall obtain other required permits or licenses related to the operation of the business, including, without limitation, any development approvals or building permits required by this Code, the Building Code or the Zoning Code. D. Upon receipt of a completed application, the Licensing Authority may circulate the application to all affected service areas and departments of the City to determine whether the application is in full compliance with all applicable laws, rules and regulations. E. The City may, prior to issuance of the license, perform an inspection of the proposed licensed premises to determine compliance with any applicable requirements of this Article or other provisions of this Code, the Building Code or the Zoning Code. 5.09.007. Inspection Fee. In order for the license to issue, and upon renewal thereafter, the licensee shall pay to the City a non-refundable fee in an amount determined by the Licensing Authority to cover the costs associated with the individual inspection conducted pursuant to this Chapter. 5.09.008. Denial of Application. The Licensing Authority may deny any application for a license or license renewal that does not meet the requirements of Washington State Law or this Chapter. The Licensing Authority may deny any application that contains any false, misleading or incomplete information. 5.09.009. Location Criteria. A. No license shall be issued to a recreational marijuana producer, processor or retail outlet if the proposed licensed business is within one thousand feet of any of the following: 1. Elementary or secondary school; 2. Playground; 3. Recreation center or facility; 4. Child care center; 5. Public park; 6. Public transit center; 2 See, chapter 314-55 WAC to determine what factors will be considered by the State of Washington in order to issue a license. Packet Page 362 of 393 7. Library; or 8. Any game arcade (where admission is not restricted to persons age twenty-one or older. The distances described above shall be computed by direct measurement as follows ____________________________________________________ (copy from LCB’s new rule amending proposed WAC 314-55-050(10), when it issues.) B. No license shall be issued to a recreational marijuana producers, processor or retail outlet if the proposed business is located within the boundaries of any ______________________ residential zone district; C. No license shall be issued to a recreational marijuana producers, processor or retail outlet if the proposed business is located in a residential unit. 5.09.010. Change of Location. A change in the location of a recreational marijuana business occurs any time a move by the licensee results in any change to the physical location address. A change in the location of such business requires the submission of a new application under Section 5.09.006 above. 5.09.011. Outdoor Signage and Advertising. A. All signage and advertising for a recreational marijuana processor, producer or retail outlet shall comply with the applicable provisions of this Code, the Sign Code, Zoning Code and WAC 314-55-155 (and all applicable rules and regulations promulgated thereunder). B. Violations of this Section relating to the Sign Code or Zoning Code shall result in a _______ fine. The City may enforce this section pursuant to chapter __.__ of the Municipal Code. For violations of WAC 314-55-155 and 314-55-525, the City may report the violation to the State Liquor Control Board. 5.09.012. Security Requirements. Security measures at all licensed premises shall comply with the requirements of WAC 314-55-083 (and all applicable rules and regulations promulgated thereunder). 5.09.013. Report of Disturbances and Unlawful Activity. A. All licensees and any agent, manager or employee thereof shall immediately report to the City Police Department any disorderly act, conduct or disturbance and any unlawful activity committed in or on the licenses premises, including, but not limited to, any unlawful resale of marijuana, and shall also immediately report any such activity in the immediate vicinity of the business. B. Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign with a minimum height of fourteen (14) inches and a Packet Page 363 of 393 minimum width of eleven (11) inches with each letter to be a minimum of one-half (1/2) inch in height, which shall read as follows: WARNING: The City of ______ Police Department must be notified of all disorderly acts, conduct or disturbances and all unlawful activities which occur on or within the premises of this licensed establishment. C. It shall not be a defense to a prosecution of a licensee under this Section that the licensee was not personally present on the premises at the time such unlawful activity, disorderly act, conduct or disturbance was committed; however, no agent or employee of the licensee shall be personally responsible for failing to report any disorderly act, conduct or disturbance and any unlawful activity hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed. D. Failure to comply with the requirements of this Section shall be considered by the Licensing Authority in any action relating to the issuance, revocation, suspension or nonrenewal of a license. 5.09.014. Visibility of Activities; Control of Emissions. A. All activities of the recreational marijuana business, including, but not limited to, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted out of the public view. B. No recreational marijuana or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises. C. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the recreational marijuana business must be in effect at all times. In the event that any odors, dust, fluids or other substances exit a recreational marijuana business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for the immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. 5.09.015. Sales Tax. Each recreational marijuana business shall collect and remit City sales tax on all recreational marijuana paraphernalia and other tangible personal property used or sold at the licensed premises. 5.09.016. Inspection of Licensed Premises. Packet Page 364 of 393 During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by the Police Department and all other City departments, as designated by the Licensing Authority, for the purpose of investigating and determining compliance with the provisions of this Chapter and any other applicable state and local laws and regulations. 5.09.017. Nonrenewal, Suspension or Revocation of License.3 A. The Licensing Authority, may, after notice and a hearing (using the procedures set forth in chapter ___ of this title), suspend, revoke or refuse to renew a license for any of the following reasons: 1. The applicant or licensee, or his or her agent, manager or employee, has violated, does not meet or has failed to comply with, any of the terms, requirements, conditions or provisions of this Chapter or with any applicable state or local law or regulation; or 2. The applicant or licensee, or his or her agent, manager or employee, has failed to comply with any special terms or conditions of its license pursuant to an order of the state or local licensing authority, including those terms and conditions that were established at the time of issuance of the license and those imposed as a result of any disciplinary proceedings held subsequent to the date of the issuance of the license. B. Evidence to support a finding under Subsection (A) above may include, without limitation, a continuing pattern of disorderly conduct, a continuing pattern of drug-related criminal conduct within the premises of the business or in the immediate area surrounding such business, or an ongoing nuisance condition emanating from or caused by the recreational marijuana business. Criminal conduct shall be limited to the violation of state or City law. 5.09.018. No City Liability – Indemnification. A. By accepting a license issued pursuant to this Chapter, the licensee waives and releases the City, its officers, elected officials, employees, volunteers and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state or local laws and regulations. B. By accepting a license issued pursuant to this Chapter, all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, volunteers and agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the recreational marijuana business that is the subject of the license. 3 The City’s Business Licensing Title should include procedures for enforcement, including notice to the licensee/applicant of hearing, the procedures for a hearing, issuance of a decision, etc. This chapter should be referenced here. Packet Page 365 of 393 5.09.019. Other Laws Remain Applicable. A. To the extent the State or the City adopts in the future any additional or stricter law or regulation governing the production, processing or sale of recreational marijuana, the additional or stricter regulation shall control the establishment or operation of any recreational marijuana business in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this Chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder. B. If the State prohibits the production, processing, sale or other distribution of marijuana through the premises licensed under this Chapter, any license issued hereunder shall be deemed immediately revoked by operation of law. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful 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 4. Effective Date. This ordinance shall be effective five days after publication of an approved summary, which shall consist of the title. PASSED by the City Council of ______ this ___ day of ________, 2013. _______________________________ MAYOR ATTEST/AUTHENTICATED: City Clerk. APPROVED AS TO FORM: Office of the City Attorney _________________________________ City Attorney PUBLISHED: EFFECTIVE DATE: Packet Page 366 of 393    AM-6555     7. B.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:15 Minutes   Submitted By:Mary Ann Hardie Department:Human Resources Committee: Public Safety, Personnel Type: Action Information Subject Title Citizens' Commission on the Compensation of Elected Officials - applications for the Council appointment to the Commission Recommendation Review the applications received (2) for the open Council appointed position to the Citizens' Commission on the Compensation of Elected Officials and forward the appropriate application(s) to Council for an appointment. Previous Council Action There are two appointments made by Council to the Commission.  With the expiration of one of the Council appointed Commission members, an appointment for this open position should be made. Narrative By ordinance (ECC 10.80), every even year, the Citizens' Commission on the Compensation of Elected Officials meets every even year to make review the City's elected officials (Mayor, Council and the Judge's) compensation (benefits and wage information) to make a recommendation for any compensation for Council to consider approving.  The Commission's recommendations must be submitted to the City Clerk's Office by the first Monday in May.  Per the ordinance: 10.80.040 Appointment- Two members of the compensation commission shall be appointed by the city council and one member shall be appointed by the mayor; the appointed three members shall select the other four members. The members of the compensation commission shall serve four-year terms originally commencing on October 1, 1999... No person may serve more than two consecutive terms.  Attached are two applications that were received by HR for the Council appointed Commission position for review (Mike Hathaway & Evelyn Wellington). Attachments Application - Hathaway Application - Wellington Edmonds City Code - 10.80 Form Review Inbox Reviewed By Date Parks and Recreation Carrie Hite 02/06/2014 08:37 AM City Clerk Scott Passey 02/06/2014 08:41 AM Mayor Dave Earling 02/06/2014 09:26 AM Finalize for Agenda Scott Passey 02/06/2014 09:45 AM Form Started By: Mary Ann Hardie Started On: 02/05/2014 05:13 PM Final Approval Date: 02/06/2014  Packet Page 367 of 393 Packet Page 368 of 393 Packet Page 369 of 393 Packet Page 370 of 393 Packet Page 371 of 393 Packet Page 372 of 393 Packet Page 373 of 393    AM-6547     7. C.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:5 Minutes   Submitted By:Mary Ann Hardie Department:Human Resources Committee: Public Safety, Personnel Type: Action Information Subject Title PC Support Technician job description Recommendation Approval of Personnel Committee to forward this (SEIU) union job description to full Council for consent. Previous Council Action The funding for the position (the duties of which are listed in this job description) was approved by Council for the 2014 budget.  Narrative The IT department experienced a re-organization in 2013 when the former Chief Information Officer (IS Manager) retired.   Due to the department restructure afterward and the City's IT complex network and systems needs, an additional .50 technical staff member was requested and then approved by Council in the 2014 budget.   The PC Support Technician previously existed in the SEIU union however, it was reclassified in 2012 based on the IT department's need for an Information Systems Specialist. Based on a recent study of external comparators and to ensure proper classification, the PC Support Technician position will be reclassified into the union at the same pay grade classification level (no change in pay grade) that it was at in the (current) classification schedule of the 2011-2014 SEIU contract.  This job description has been reviewed and verbally approved of by the SEIU union and, with the approval of the Personnel Committee, is requested to be forwarded to Council for approval on the consent calendar. Attachments PC Support Technician Form Review Inbox Reviewed By Date Parks and Recreation Carrie Hite 02/06/2014 08:37 AM City Clerk Scott Passey 02/06/2014 08:41 AM Mayor Dave Earling 02/06/2014 09:24 AM Finalize for Agenda Scott Passey 02/06/2014 09:45 AM Form Started By: Mary Ann Hardie Started On: 02/04/2014 04:12 PM Final Approval Date: 02/06/2014  Packet Page 374 of 393 Part Time IT Assistant January 2013 City of EDMONDS Washington PC SUPPORT TECHNICIAN Department: Information Technology Pay Grade: NE 11 Bargaining Unit: SEIU FLSA Status: Non-Exempt Revised Date: January 2014 Reports To: Information Systems Supervisor POSITION PURPOSE: Under general direction of Information Services Supervisor, responsible for installation, maintenance, and support services related to the City’s information services infrastructure, including: software applications, systems software and voice systems communication equipment. Installs, configures, administers and provides support for applications as well as basic level user support, technical assistance and training in the use of the computer systems, equipment and software; diagnoses problems and determines appropriate action. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties. Provides first line computer problem solving and technical support for the use of City-wide information system programs by providing customer service, technical assistance, and training to City staff on PC hardware, operating systems, and software. Install and/or upgrades systems and application software. Tasks include: troubleshooting and correcting hardware and software problems, installation and/or movement of: PC's and peripheral equipment, standard software and operating systems (including PCs, printers, LAN and network equipment).  Tracks calls for assistance and performs testing and evaluations on server, storage and PC hardware and software applications.  Troubleshooting problems with workstations, applications and desktop computer systems and peripheral devices; makes needed repairs and adjustments.  Performs configuration and imaging of systems; administers, configures changes and performs upgrades to applications and operating systems.  Installs and/or upgrades systems and application software; serves as internal helpdesk for users.  Installs and administers client & server applications and trains users and provides customer service, technical assistance and training to the City Staff on the PC hardware, operating systems and application software.  Coordinates and provides individual and small group training on new and existing software applications.  Assists individuals with core application needs such as: office productivity applications (Word, EXCEL, PowerPoint), GIS data & maps, databases, the internet, website maintenance, graphics, file recovery, telephones and related uses.  Troubleshoots and corrects hardware and software problems including: printers, modems, servers, PC’s, standard software, operating systems, LAN and network equipment.  Works with other IT staff to solve problems in advance and installs or moves PC’s and peripheral equipment. Packet Page 375 of 393 JOB DESCRIPTION PC Support Technician PC Support Technician January 2014  Performs or assists in periodic system maintenance including: backup, security, disc space management and monitoring LAN performance.  Operates computer and office equipment as well as various audio/visual equipment for presentations and performs routine maintenance on City GIS data and websites; assists staff with design and changes to maps and on website operations.  Provides support to the Department on matters as directed; also may serve as staff on a variety of committees.  Attends and participates in professional group meetings; maintains awareness of new trends and developments in the fields related to area of assignment and incorporates new developments as assigned.  Performs other duties as assigned. Required Knowledge of:  Must know PC operating systems, Windows and basic Linux.  PC diagnostic software and virus checking software.  Microsoft Office software applications: Outlook, Word, EXCEL and PowerPoint.  ESRI GIS.  Working knowledge of databases.  Scripting languages  Must be comfortable with PC hardware, tablets, smartphones, printers, scanners, peripherals, telephones and A/V equipment.  Familiarity with Open Source concepts preferred.  Providing technical support to users.  Networking fundamentals such as: IP addressing, Ethernet, Fiber connections, switches and routers Required Skill in:  Must have the ability to analyze problems, identify and provide clear solutions and communicate technical information to a wide variety of persons.  Meeting schedules and timelines by planning and organizing work; prioritizing tasks and using time effectively.  Working both independently and in a team setting.  Interpersonal skills using tact, patience and courtesy so as to establish and maintain effective working relationships with staff, management, vendors, outside agencies, community groups and the general public.  Excellent oral and written communication skills to communicate effectively.  Mechanical skills related to maintenance and setup of computers, networks, storage, telephony and A/V equipment. MINIMUM QUALIFICATIONS: Education and Experience: Degree in Information Technology, Computer Science or related field and two years of experience that includes work with database concepts, application programming, systems design, networking, PC troubleshooting, user support and Microsoft Office applications; OR an equivalent combination of education, training and experience. Packet Page 376 of 393 JOB DESCRIPTION PC Support Technician PC Support Technician January 2014 Required Licenses or Certifications:  Valid Washington State driver’s license. Must have a clean driving record; any offer of employment conditional subject to proof of a current, clean driving record in compliance with the City’s insurance guidelines.  Must be able to pass a background check. WORKING CONDITIONS:  Indoor work environment.  Constant interruptions.  Driving a vehicle to conduct work.  This position works a regular schedule; however incumbents may be required to work some holiday, evening and/or weekend hours to respond to emergencies and/or to implement specific projects. Physical Abilities:  Hearing, speaking or otherwise communicating to exchange information and make presentations in person or on the phone.  Seeing to read a variety of materials.  Dexterity of hands and fingers to operate a computer keyboard and various tools.  Sitting, standing or otherwise remaining in a stationary position for extended periods of time.  Bending at the waist, reaching overhead, above the shoulders and horizontally, stooping, kneeling, crouching, crawling, or otherwise positioning oneself to accomplish tasks.  Lifting/carrying or otherwise moving or transporting PC’s, monitors and associated equipment during the installation or maintenance of such equipment up to 50 pounds. Hazards:  Contact with angry and/or dissatisfied customers.  Exposure to computer glare and long periods of exposure to computer monitors.  Exposure to heavy dust in some work areas.  Occasional exposure to toxic or caustic chemicals, i.e. copier toner. Incumbent Signature: ____________________________________ Date: ________________________ Department Head: _______________________________________ Date: ________________________ Packet Page 377 of 393    AM-6552     7. D.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:15 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Review Committee: Public Safety/Personnel Committee Action: Recommend Review by Full Council Type: Information  Information Subject Title ECC Chapter 2.10 related to Confirmation and Duties of City Officers Recommendation Personnel Committee discuss recent changes to ECC Chapter 2.10 and determine if these changes warrant further Council discussion and/or action. Previous Council Action After deliberating various possible amendments to Chapter 2.10 ECC at the committee level, the City Council, on January 7, 2014, directed that the City Attorney prepare an ordinance to adopt the version of Chapter 2.10 that is shown on Attachment A, version 1. City Council adopted changes to the ECC Chapter 2.10, version 2 and requested this come back to the Personnel Committee for further discussion. Narrative City Council adopted changes the the ECC Chapter 2.10 at the January 21st Council meeting.  After adoption, there was a request to bring this back to the Personnel Committee for further discussion. Here is the background from the meeting on January 21st: Attached to this agenda memo is a proposed ordinance to adopt the amendments to Chapter 2.10 ECC, along with a new Chapter 2.03 that is necessary to provide a location for one section that is being moved out of Chapter 2.10 and an amendment to ECC 2.01.020 that is necessary to provide a location for another section that is being moved out of Chapter 2.10. Note that there are two versions of Attachment A included with this memo. Version 1 is the version that the City Council requested by motion on January 7, 2014. Version 2 is an alternative version that the Mayor is proposing, in light of the Finance Director’s recent resignation. Version 2 contains additional language (highlighted in yellow) that would allow the Mayor to bring forth candidates from the previous recruitment cycle if the vacancy occurs within 9 months.  In addition, it allows City Council to confirm an appointment based on a recent previous round of interviews when an appointive office (such as the position of Finance Director) becomes vacant again within nine months of the city council’s previous confirmation. Attachments Attachment 1 - Ordinance amending ECC Chapter 2.10 Attachment 2 - Attachment A v1 Attachment 3 - Attachment A v2 Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/06/2014 08:04 AM Packet Page 378 of 393 Mayor Dave Earling 02/06/2014 09:31 AM Finalize for Agenda Scott Passey 02/06/2014 09:45 AM Form Started By: Carrie Hite Started On: 02/05/2014 12:43 PM Final Approval Date: 02/06/2014  Packet Page 379 of 393 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.10 OF THE EDMONDS CITY CODE RELATING TO CONFIRMATION OF CERTAIN MAYORAL APPOINTMENTS AND PORTIONS OF CHAPTER 2.01 AND 2.03 OF THE EDMONDS CITY CODE RELATED TO THE EXECUTIVE ASSISTANTS TO THE CITY COUNCIL AND MAYOR. WHEREAS, RCW 35A.12.090 states that the mayor shall have the power of appointment of all appointive officers and employees; and WHEREAS, RCW 35A.12.090 further states that confirmation by the city council of appointments of officers and employees shall be required only when the city charter, or the council by ordinance, provides for confirmation of such appointments; and WHEREAS, the city council has previously provided for the city council’s confirmation of director level mayoral appointments in chapter 2.10 of the Edmonds City Code; and WHEREAS, the City Council has undertaken an effort to update certain portions of the Edmonds City Code that have not been updated for many years; and WHEREAS, the update is necessary to, among other reasons, conform the code to the city council’s actual practice in confirming mayor appointments and to make provisions for certain confirmation scenarios that the previous code did not address; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.10 of the Edmonds City Code, formerly entitled “Confirmation and Duties of Officers,” is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in strike-through). Packet Page 380 of 393 Section 2. A new chapter 2.03 entitled, “City Council,” is hereby added to the Edmonds City Code to read as follows (similar language was previously codified in ECC section 2.10.060): Chapter 2.03 CITY COUNCIL 2.03.010 Executive assistant to council. Executive assistant to council. The executive assistant to council shall be a contract employee hired on an annual basis by the city council. The terms and conditions of employment for the executive assistant to council as well as all benefits shall be governed by the provisions of the contract. Depending on the experience level of the particular person serving in this role, the prefix of “senior” may be added to the title. The contract shall provide for the delegation by the mayor of the direction of this individual to the city council president. In the event that the mayor elects in his or her discretion not to delegate that function, the city council reserves the right to immediately eliminate the position. Section 3. ECC section 2.01.020 formerly entitled “References to mayor’s administrative assistant,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through; similar language was previously codified in ECC section 2.10.070): 2.01.020 Mayor’s executive assistantReferences to mayor's administrative assistant. The position of mayor’s executive assistant shall be an at-will position with the executive assistant serving at the pleasure of the mayor.On and after January 1, 1984, the office of the mayor's administrative assistant is hereby abolished. All references in ECC 2.01.030 to the mayor's administrative assistant shall refer to the mayor or designee. Packet Page 381 of 393 Section 4. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. 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 JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 382 of 393 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 CHAPTER 2.10 OF THE EDMONDS CITY CODE RELATING TO CONFIRMATION OF CERTAIN MAYORAL APPOINTMENTS AND PORTIONS OF CHAPTER 2.01 AND 2.03 OF THE EDMONDS CITY CODE RELATED TO THE EXECUTIVE ASSISTANTS TO THE CITY COUNCIL AND MAYOR.. . The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2014. CITY CLERK, SCOTT PASSEY 4840-7251-8158, v. 1 Packet Page 383 of 393 Chapter 2.10 CONFIRMATION AND DUTIES OF CITY APPOINTIVE OFFICERS Sections: 2.10.010 Review of vacancies, appointment authority and cConfirmation process. 2.10.020 Assignment of duties. 2.10.030 Police chief. 2.10.040 Terms and extension of terms.Repealed. 2.10.050 References to director of community development. 2.10.060 Executive council assistant. 2.10.070 Mayor’s executive assistant. 2.10.005 Definitions. A. Appointive officer. For the purposes of this chapter, “appointive officer” means the following city officers that are appointed by the mayor and subject to city council confirmation: all director-level positions in the city’s adopted budget, including the police chief. B. Specifications. For the purposes of this chapter, “specifications” means the functions, powers, duties, compensation, and working conditions of the city’s appointive officers. 2.10.010 Review of vacancies, appointment authority and Confirmation confirmation process. A. Periodically, when the city conducts a salary survey regarding its non-represented employees, and Wheneverwhenever a vacancy occurs in one of the positions listed in this sectionchapter, the city council will may review the specifications for the appointive officerof that position(s) and revise it them as needed before the vacancy is filledacting to confirm a permanent appointment. Nothing in this subsection shall be construed to prevent the city council from reviewing such specifications at other times. The council’s revising of a specification will not have any effect on a previously confirmed permanent appointment. Recruitment to fill a vacant appointive office may be postponed until after the city council acts to revise the specifications or determines them not to be in need of revision. B. The mayor or his/her designee will review all applications and determine the per- sons with the highest qualifications. Any city council member, upon request to the mayor, may review the applications received for the a vacant position. Additionally and/or alternatively, the city council may evaluate the qualifications of an applicant for public employment in executive session pursuant to RCW 42.30.110(1)(g). Packet Page 384 of 393 C. The mayor shall appoint, subject to city council confirmation, the positions of judge and hearing examiner. The hearing examiner may be removed from his/her position for cause, as determined by the mayorIf, on occasion of a vacant appointive office, the mayor elects to propose a reorganization of the appointive offices which would alter the specifications of the vacant appointive office, he shall have sixty-days from the date of the vacancy to introduce a reorganization proposal to the city council along with any necessary accompanying budget amendment. If reorganization is proposed, recruitment to fill the vacant appointive office may be postponed until after the city council acts upon the reorganization proposal.The judge may be removed from his/her office for cause, as specified in RCW 3.50.095. D. The mayor shall appoint, subject to council confirmation, the department director positions of police chief, fire chief, community services director, administrative services director, development services director, parks and recreation director, public works director, and human resources director.appointive officers. The city council shall interview the top threethree candidates for each position prior to the mayor’s final selectionappointment, PROVIDED that the city council may waive the three-interview requirement by motion adopted by a majority plus one of the full council and may opt to interview as few as two candidates for any vacant appointive office. The mayor’s appointments to all other employee positions shall not be subject to city council confirmation. [Ord. 3279 § 1, 1999]. E. The mayor shall have the authority to appoint, without city council confirmation, an acting director to perform the functions and duties of a vacant appointive office, subject to the term limitations described in ECC 2.10.040.B, PROVIDED that there is budgetary authority to fill the position. The city council shall be given written notice about any such acting appointments including the effective date of the appointment. Acting directors shall be compensated pursuant to applicable ordinances and personnel policies regarding acting pay. F. The mayor shall begin recruitment of candidates to fill vacant appointive offices no later than thirty days after the latter of the two city council actions described in subsections A and C, above. 2.10.020 Assignment of duties. The city council shall define the functions, powers and duties of the city’s appointive officers and employees. The mayor shall direct, supervise, and be in charge of all appointive officers and employees in the performance of their functions, powers, and duties, except for employees hired pursuant to chapter 2.03 ECC. Appointive officersdepartment directors shall be responsible for carrying out all directives as assigned by the mayor, including, but not limited to, planning and directing the activities and staff in their respective assigned departments, supervising and evaluating the work processes and assigned staff, controlling the financial integrity of the assigned departmental budget, and insuring the delivery of quality public services. All department directors shall serve at the pleasure of the mayor. [Ord. 3279 § 1, 1999]. Packet Page 385 of 393 2.10.030 Police chief. Pursuant to the authority of RCW 41.12.050(2), the position of police chief has been removed exempted from civil service. The police chief shall be appointed by the mayor subject to confirmation by majority vote of the city council. [Ord. 3279 § 1, 1999]. 2.10.040 Terms and extensions of terms.Fire chief. Repealed by Ord. 3762. [Ord. 3279 § 1, 1999]. A. Permanent appointive officers shall serve without a definite term. B. The authority to hold an appointive office on an acting basis (an acting directorship) shall expire and be deemed vacant six months after the date of the acting appointment. If, during that six month period, the administration has not been able to generate sufficient interest from suitable candidates to satisfy the city council interview requirement (see subsection D, above), the mayor may request an extension of acting directorship authority from the city council, in increments of no more than six months at a time, to allow the recruiting process to continue. After the initial six-month term, each extension of the acting directorship shall be subject to city council confirmation. C. Both permanent and acting appointive officers shall be at-will positions serving at the pleasure of the mayor. 2.10.050 References to director of community development. Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code or any ordinance of the city to the director of community development director, said reference shall hereafter be construed to mean the development services department director or designee. [Ord. 3279 § 1, 1999].Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code, or any ordinance of the city to the administrative services director, said reference shall hereafter be construed to mean the finance director. With the exception of Title 3 of the Edmonds City Code, wherever references are made in the Edmonds City Code or Edmonds Community Development Code to the community services director, said references shall hereafter be construed to mean development services director, PROVIDED THAT references to the community services director in Titles 7, 9 and 18 and chapters 4.68 and 17.95 shall hereafter be construed to mean public works director. 2.10.060 Executive council assistant. The executive council assistant shall be a contract employee hired on an annual basis by the city council. The terms and conditions of employment for the executive council assistant as well as all benefits shall be governed by the provisions of the contract. The contract shall provide for the delegation by the mayor of the direction of this individual to the city council president. In the event that the mayor elects in his or her discretion not to delegate that func- Packet Page 386 of 393 tion, the council reserves the right to immediately eliminate the position. [Ord. 3279 § 1, 1999]. 2.10.070 Mayor’s executive assistant. The position of mayor’s executive assistant shall be an at-will position with the executive assistant serving at the pleasure of the mayor. The salary for the position is established by the annual salary ordinance. The terms and conditions of employment as well as job duties being set forth in a job description developed by the mayor with the concurrence of the city council. [Ord. 3279 § 1, 1999]. Packet Page 387 of 393 Chapter 2.10 CONFIRMATION AND DUTIES OF CITY APPOINTIVE OFFICERS Sections: 2.10.010 Review of vacancies, appointment authority and cConfirmation process. 2.10.020 Assignment of duties. 2.10.030 Police chief. 2.10.040 Terms and extension of terms.Repealed. 2.10.050 References to director of community development. 2.10.060 Executive council assistant. 2.10.070 Mayor’s executive assistant. 2.10.005 Definitions. A. Appointive officer. For the purposes of this chapter, “appointive officer” means the following city officers that are appointed by the mayor and subject to city council confirmation: all director-level positions in the city’s adopted budget, including the police chief. B. Specifications. For the purposes of this chapter, “specifications” means the functions, powers, duties, compensation, and working conditions of the city’s appointive officers. 2.10.010 Review of vacancies, appointment authority and Confirmation confirmation process. A. Periodically, when the city conducts a salary survey regarding its non-represented employees, and Wheneverwhenever a vacancy occurs in one of the positions listed in this sectionchapter, the city council will may review the specifications for the appointive officerof that position(s) and revise it them as needed before the vacancy is filledacting to confirm a permanent appointment. Nothing in this subsection shall be construed to prevent the city council from reviewing such specifications at other times. The council’s revising of a specification will not have any effect on a previously confirmed permanent appointment. Recruitment to fill a vacant appointive office may be postponed until after the city council acts to revise the specifications or determines them not to be in need of revision. B. The mayor or his/her designee will review all applications and determine the per- sons with the highest qualifications. Any city council member, upon request to the mayor, may review the applications received for the a vacant position. Additionally and/or alternatively, the city council may evaluate the qualifications of an applicant for public employment in executive session pursuant to RCW 42.30.110(1)(g). Packet Page 388 of 393 C. The mayor shall appoint, subject to city council confirmation, the positions of judge and hearing examiner. The hearing examiner may be removed from his/her position for cause, as determined by the mayorIf, on occasion of a vacant appointive office, the mayor elects to propose a reorganization of the appointive offices which would alter the specifications of the vacant appointive office, he shall have sixty-days from the date of the vacancy to introduce a reorganization proposal to the city council along with any necessary accompanying budget amendment. If reorganization is proposed, recruitment to fill the vacant appointive office may be postponed until after the city council acts upon the reorganization proposal.The judge may be removed from his/her office for cause, as specified in RCW 3.50.095. D. The mayor shall appoint, subject to council confirmation, the department director positions of police chief, fire chief, community services director, administrative services director, development services director, parks and recreation director, public works director, and human resources director.Appointive Officers. The city council shall interview the top threethree candidates for each position prior to the mayor’s final selectionappointment, PROVIDED that the city council may waive the three-interview requirement by motion adopted by a majority plus one of the full council and may opt to interview as few as two candidates for any vacant appointive office; AND FURTHER PROVIDED that, when an appointive office becomes vacant, or is about to become vacant, again within nine months of the city council’s confirmation of the last mayoral appointment to that office, the city council may waive an additional round of interviews, by motion adopted by a majority plus one of the full council, and proceed immediately to confirming the appointment of a candidate interviewed by the city council during the most recent recruitment for that appointive office. The mayor’s appointments to all other employee positions shall not be subject to city council confirmation. [Ord. 3279 § 1, 1999]. E. The mayor shall have the authority to appoint, without city council confirmation, an acting director to perform the functions and duties of a vacant appointive office, subject to the term limitations described in ECC 2.10.040.B, PROVIDED that there is budgetary authority to fill the position. The city council shall be given written notice about any such acting appointments including the effective date of the appointment. Acting directors shall be compensated pursuant to applicable ordinances and personnel policies regarding acting pay. F. The mayor shall begin recruitment of candidates to fill vacant appointive offices no later than thirty days after the latter of the two city council actions described in subsections A and C, above, PROVIDED THAT such recruitment shall not be necessary where the city council opts to make an immediate confirmation pursuant to a prior round of interviews as set forth in subsection D, above. 2.10.020 Assignment of duties. The city council shall define the functions, powers and duties of the city’s appointive officers and employees. The mayor shall direct, supervise, and be in charge of all Packet Page 389 of 393 appointive officers and employees in the performance of their functions, powers, and duties, except for employees hired pursuant to chapter 2.03 ECC. Appointive officersdepartment directors shall be responsible for carrying out all directives as assigned by the mayor, including, but not limited to, planning and directing the activities and staff in their respective assigned departments, supervising and evaluating the work processes and assigned staff, controlling the financial integrity of the assigned departmental budget, and insuring the delivery of quality public services. All department directors shall serve at the pleasure of the mayor. [Ord. 3279 § 1, 1999]. 2.10.030 Police chief. Pursuant to the authority of RCW 41.12.050(2), the position of police chief has been removed exempted from civil service. The police chief shall be appointed by the mayor subject to confirmation by majority vote of the city council. [Ord. 3279 § 1, 1999]. 2.10.040 Terms and extensions of terms.Fire chief. Repealed by Ord. 3762. [Ord. 3279 § 1, 1999]. A. Permanent appointive officers shall serve without a definite term. B. The authority to hold an appointive office on an acting basis (an acting directorship) shall expire and be deemed vacant six months after the date of the acting appointment. If, during that six month period, the administration has not been able to generate sufficient interest from suitable candidates to satisfy the city council interview requirement (see subsection D, above), the mayor may request an extension of acting directorship authority from the city council, in increments of no more than six months at a time, to allow the recruiting process to continue. After the initial six-month term, each extension of the acting directorship shall be subject to city council confirmation. C. Both permanent and acting appointive officers shall be at-will positions serving at the pleasure of the mayor. 2.10.050 References to director of community development. Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code or any ordinance of the city to the director of community development director, said reference shall hereafter be construed to mean the development services department director or designee. [Ord. 3279 § 1, 1999].Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code, or any ordinance of the city to the administrative services director, said reference shall hereafter be construed to mean the finance director. With the exception of Title 3 of the Edmonds City Code, wherever references are made in the Edmonds City Code or Edmonds Community Development Code to the community services director, said references shall hereafter be construed to mean development services director, PROVIDED THAT references to the Packet Page 390 of 393 community services director in Titles 7, 9 and 18 and chapters 4.68 and 17.95 shall hereafter be construed to mean public works director. 2.10.060 Executive council assistant. The executive council assistant shall be a contract employee hired on an annual basis by the city council. The terms and conditions of employment for the executive council assistant as well as all benefits shall be governed by the provisions of the contract. The contract shall provide for the delegation by the mayor of the direction of this individual to the city council president. In the event that the mayor elects in his or her discretion not to delegate that func- tion, the council reserves the right to immediately eliminate the position. [Ord. 3279 § 1, 1999]. 2.10.070 Mayor’s executive assistant. The position of mayor’s executive assistant shall be an at-will position with the executive assistant serving at the pleasure of the mayor. The salary for the position is established by the annual salary ordinance. The terms and conditions of employment as well as job duties being set forth in a job description developed by the mayor with the concurrence of the city council. [Ord. 3279 § 1, 1999]. Packet Page 391 of 393    AM-6562     7. E.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:20 Minutes   Submitted For:Councilmember Peterson Submitted By:Jana Spellman Department:City Council Committee: Public Safety, Personnel Type: Information Information Subject Title Discussion regarding hiring a consultant to work with Council to improve council relationships. Recommendation Previous Council Action Narrative Discussion regarding hiring a consultant to work with Council to improve council relationships. Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/06/2014 11:36 AM Mayor Dave Earling 02/06/2014 11:49 AM Finalize for Agenda Scott Passey 02/06/2014 12:04 PM Form Started By: Jana Spellman Started On: 02/06/2014 11:22 AM Final Approval Date: 02/06/2014  Packet Page 392 of 393    AM-6563     7. F.              City Council Special Meeting & Committee Meetings Meeting Date:02/11/2014 Time:20 Minutes   Submitted For:Councilmember Peterson Submitted By:Jana Spellman Department:City Council Committee: Public Safety, Personnel Type: Information Information Subject Title Discussion regarding setting a standard process/procedure for future Council appointees. Recommendation Previous Council Action Narrative Discussion regarding setting a standard process/procedure for future Council appointees. Excerpt from Edmonds City Code Chapter 1.02 regarding filling vacant Council positions. 1.02.035 Filling vacant council positions. A. In the event a vacancy or vacancies shall occur on the city council, such position(s) shall be filled until a successor to such position(s) can be elected for the remainder of the unexpired term(s) at the next municipal election. Such election process shall comply with the requirements of RCW 35A.12.050 and Chapter 42.12 RCW. In addition the city council shall establish a process commensurate with the time available which includes, at a minimum, public notification by posting and publication in the city's legal newspaper, the establishment of an application process with a clearly stated deadline for the submission of letters of interest, the development of questionnaires to assist the city council in its process, a public interview process conducted by the city council and nominations and selection by the city council during an open public meeting. All portions of this process shall be open to the public unless the city council in its discretion elects to discuss the qualifications of a candidate for public office in executive session as provided for by RCW 42.30.110(h).  B. In the event that a council member shall resign or otherwise become ineligible to hold office after the date when the council position has been filled by election but prior to the date on which the newly elected council member is eligible to take office, the city council may in its sole discretion elect to dispense with the procedures established in subsection A of this section and appoint the newly elected successor to fill the vacancy for the remainder of the unexpired term. [Ord. 3382 § 1, 2001; Ord. 3005 § 1, 1995; Ord. 1841 § 2, 1976]. Form Review Inbox Reviewed By Date City Clerk Scott Passey 02/06/2014 11:36 AM Mayor Dave Earling 02/06/2014 11:50 AM Finalize for Agenda Scott Passey 02/06/2014 12:04 PM Form Started By: Jana Spellman Started On: 02/06/2014 11:24 AM Final Approval Date: 02/06/2014  Packet Page 393 of 393