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2014.05.13 CC Committee Meeting Agenda Packet              AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds _____________________________________________ SPECIAL MEETING May 13, 2014 6:00 P.M.               1.(30 Minutes)Convene in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i).   Council Committee Meetings      City Council Committee meetings are simultaneous 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.   2.Finance Committee Meeting Location:  Jury Meeting Room   A.(10 Minutes)2014 March Budgetary Financial Report   B.(5 Minutes)Update on funds for Historic Preservation Calendar   C.(10 Minutes)Contract Renewal with Lighthouse Law Group PLLC   D.(5 Minutes)Authorization to Contract with James G. Murphy to Sell Surplus City Vehicles and Sell a Parts Car to Pick-n-Pull   E.Public Comment (3-minute limit)   3.Parks, Planning & Public Works Committee Meeting Location:  Council Chambers   A.(5 Minutes)Solarize Edmonds Project Memorandum of Understanding (MOU)   B.(10 Minutes)Naming of City-owned Facilities.   C.(5 Minutes)Special Event Contracts         Packet Page 1 of 200 D.(5 Minutes)Authorization for Mayor to sign a Local Agency Agreement with KPG, P.S. for design of walkway improvements on 236 th St. S.W. from SR104(Edmonds Way) to Madrona Elementary School.   E.(5 Minutes)Report on final construction costs for the Main Street Lighting and Sidewalk Enhancements Project and acceptance of project.   F.(5 Minutes)Authorization for Mayor to sign a Professional Services Agreement with KPG, P.S. for design of walkway improvements to 238 th St. S.W. from 100th Ave W to 104th Ave. W.   G.(5 Minutes)Authorization to award a construction contract for the Annual Sewer Replacement Project - Phase 2   H.Public Comment (3-minute limit)   4.Public Safety and Personnel Committee Meeting Location:  Police Training Room   A.(5 Minutes)Interlocal Agreement with Yakima County for Jail Services   B.(5 Minutes)Amending Ordinance - Avoiding compliance with traffic devices - Penalty   C.(10 Minutes)Appointments to Boards and Commissions   D.Public Comment (3-minute limit)         Packet Page 2 of 200    AM-6846     2. A.              City Council Committee Meetings Meeting Date:05/13/2014 Time:10 Minutes   Submitted For:Scott James Submitted By:Sarah Mager Department:Finance Committee: Finance Type: Information Information Subject Title 2014 March Budgetary Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative Attachments 2014 March Budgetary Financial Report Form Review Inbox Reviewed By Date Finance Scott James 05/08/2014 11:20 AM City Clerk Scott Passey 05/08/2014 11:22 AM Mayor Dave Earling 05/08/2014 12:06 PM Finalize for Agenda Scott Passey 05/08/2014 12:31 PM Form Started By: Sarah Mager Started On: 05/08/2014 10:31 AM Final Approval Date: 05/08/2014  Packet Page 3 of 200 CITY OF EDMONDS QUARTERLY BUDGETARY FINANCIAL REPORT MARCH 2014 Packet Page 4 of 200 1 City of Edmonds Quarterly Financial Review: March 2014 On a quarterly basis, the Budgetary Financial Report includes a brief review of key financial information included within the report or affecting the City’s finances. This report includes a series of cash-basis reports, graphic General Fund trends for individual department monthly expenditures and key General Fund and enterprise revenues, and also current year-to-date changes in fund balances. General Fund Revenues and Expenditures Year to date, General Fund revenues are equal to 22.8% of budgeted revenues for the year. Revenues year to date are 36.2% greater than 2013’s year to date revenues, however, 2013 revenues include $2.7 million in bond refunding revenues. Without the bond refunding revenues, 2014 General Fund revenues are $456,000 or 7.4% greater than 2013 revenues. Year-to-date Sales Tax revenues account for $211,700 of the increase and are 14.3% ahead of sales tax in 2013. Development related revenues are $150,000 ahead of 2013 revenues. Overall general fund revenues for the first quarter of 2014, show that we will be close to meeting anticipated budget amounts. General Fund department expenditures are on track with the 2.0% assumption for year-end under-expenditures included with the 2014 proposed budget. It is interesting to note that at the end of the first quarter that 2014 year-to-date General Fund expenditures are $40 thousand less than 2013 year-to-date expenditures at the same point in the year. Non-General Fund Revenues and Expenditures Non-General Fund revenues are $328,000 ahead of 2013 levels. The increases are led by Water, Storm and Sewer Utility Fund revenues, which are beneficiaries of rate increases that became effective in January of this year. Non-General Fund expenditures are on track with budgeted expectations. REET Revenues Real Estate Excise tax revenues continue to come in strong, however, they are lower than a year ago. Projected year end revenues should match the 2014 budget. Economic Outlook The regional economy continues to show strength, with the greater Puget Sound unemployment rate decreasing to 5.4% from 2013 unemployment rate of 5.7%. The State rate decreased to 7.3% from 2013 unemployment rate of 8%. The unemployment rate for the United States as a whole stands at 6.3%. Packet Page 5 of 200 2 Page 1 of 1 Fund No.Title 2014 Amended Budget 3/31/2013 Revenues 3/31/2014 Revenues Amount Remaining % Received 001 GENERAL FUND 39,005,697$ 5,680,288$ 8,899,880$ 30,105,817$ 23% 009 LEOFF-MEDICAL INS. RESERVE 594,946 73 384 594,562 0% 011 RISK MANAGEMENT FUND 903,858 220,100 - 903,858 0% 012 CONTINGENCY RESERVE FUND 527,115 1,097 6,365 520,750 1% 014 HISTORIC PRESERVATION GIFT FUND 8,000 682 1 7,999 0% 016 BUILDING MAINTENANCE 679,800 45 187,608 492,192 28% 104 DRUG ENFORCEMENT FUND 20,075 17,235 18,156 1,919 90% 111 STREET FUND 1,712,100 350,093 314,894 1,397,206 18% 112 COMBINED STREET CONST/IMPROVE 9,161,607 752,134 962,842 8,198,765 11% 117 MUNICIPAL ARTS ACQUIS. FUND 91,473 4,590 10,869 80,604 12% 118 MEMORIAL STREET TREE 25 4 17 8 69% 120 HOTEL/MOTEL TAX REVENUE FUND 54,140 12,586 13,274 40,866 25% 121 EMPLOYEE PARKING PERMIT FUND 20,308 5,382 8,668 11,640 43% 122 YOUTH SCHOLARSHIP FUND 1,623 3 33 1,590 2% 123 TOURISM PROMOTIONAL FUND/ARTS 18,200 11,215 4,544 13,656 25% 125 REAL ESTATE EXCISE TAX 2 904,343 257,504 205,873 698,470 23% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 904,243 257,358 204,533 699,710 23% 127 GIFTS CATALOG FUND 43,708 17,946 20,333 23,375 47% 129 SPECIAL PROJECTS FUND 4,000 166,187 41,897 (37,897) 1047% 130 CEMETERY MAINTENANCE/IMPROVEMT 160,136 24,434 37,308 122,828 23% 132 PARKS CONSTRUCTION FUND 1,540,000 143,231 102,660 1,437,340 7% 136 PARKS TRUST FUND 186 206 147 39 79% 137 CEMETERY MAINTENANCE TRUST FD 12,970 2,929 4,456 8,514 34% 138 SISTER CITY COMMISSION 4,519 2 2 4,517 0% 139 TRANSPORTATION BENEFIT DISTRICT 645,000 147,055 151,853 493,147 24% 211 L.I.D. FUND CONTROL 28,600 5,916 1,408 27,192 5% 213 L.I.D. GUARANTY FUND 28,626 5 47 28,579 0% 231 2012 LT GO DEBT SERVICE FUND 1,022,689 - - 1,022,689 0% 232 2014 DEBT SERVICE FUND 966,286 - - 966,286 0% 411 COMBINED UTILITY OPERATION - 57,446 69,199 (69,199) 0% 421 WATER UTILITY FUND 6,249,596 1,412,638 1,666,977 4,582,619 27% 422 STORM UTILITY FUND 3,630,158 961,913 1,101,528 2,528,630 30% 423 SEWER/WWTP UTILITY FUND 8,347,200 2,019,937 1,985,245 6,361,955 24% 424 BOND RESERVE FUND 840,816 - - 840,816 0% 511 EQUIPMENT RENTAL FUND 1,478,108 348,422 375,226 1,102,882 25% 617 FIREMEN'S PENSION FUND 45,379 40 179 45,200 0% 627 BUSINESS IMPROVEMENT DISTRICT - - 30,745 (30,745) 0% 79,655,530$ 12,878,693$ 16,427,150$ 63,228,380$ 21% CITY OF EDMONDS REVENUES BY FUND - SUMMARY Packet Page 6 of 200 3 Page 1 of 1 Fund No.Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent 001 GENERAL FUND 41,017,923$ 9,554,193$ 9,514,450$ 31,503,473$ 23% 009 LEOFF-MEDICAL INS. RESERVE 503,361 92,705 99,759 403,602 20% 011 RISK MANAGEMENT RESERVE FUND 300,000 464,100 - 300,000 0% 014 HISTORIC PRESERVATION GIFT FUND 8,000 800 - 8,000 0% 016 BUILDING MAINTENANCE 720,200 - 12,634 707,566 2% 104 DRUG ENFORCEMENT FUND 81,033 1,987 2,253 78,780 3% 111 STREET FUND 1,658,810 375,338 357,993 1,300,817 22% 112 COMBINED STREET CONST/IMPROVE 9,561,866 179,022 212,340 9,349,526 2% 117 MUNICIPAL ARTS ACQUIS. FUND 152,575 5,847 8,726 143,849 6% 118 MEMORIAL STREET TREE - - - - 0% 120 HOTEL/MOTEL TAX REVENUE FUND 54,000 100 - 54,000 0% 121 EMPLOYEE PARKING PERMIT FUND 26,786 - - 26,786 0% 122 YOUTH SCHOLARSHIP FUND 3,600 1,018 478 3,122 13% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 999 564 18,436 3% 125 REAL ESTATE EXCISE TAX 2 1,582,712 17,230 47,555 1,535,157 3% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 1,189,291 - 2,500 1,186,791 0% 127 GIFTS CATALOG FUND 18,200 7,163 533 17,667 3% 129 SPECIAL PROJECTS FUND *4,000 10,045 17,469 (13,469) 437% 130 CEMETERY MAINTENANCE/IMPROVEMT 175,435 30,222 34,822 140,613 20% 132 PARKS CONSTRUCTION FUND 2,289,000 3,054 99,826 2,189,174 4% 136 PARKS TRUST FUND - - - - 0% 138 SISTER CITY COMMISSION 4,500 63 274 4,226 6% 139 TRANSPORTATION BENEFIT DISTRICT 645,000 147,055 151,853 493,147 24% 211 L.I.D. FUND CONTROL 28,600 - - 28,600 0% 213 L.I.D. GUARANTY FUND - - - - 0% 231 2012 LT GO DEBT SERVICE FUND 1,022,690 - - 1,022,690 0% 232 2014 DEBT SERVICE FUND 966,286 - - 966,286 0% 421 WATER UTILITY FUND 9,630,124 1,036,799 1,414,857 8,215,267 15% 422 STORM UTILITY FUND 6,571,213 713,535 639,997 5,931,216 10% 423 SEWER/WWTP UTILITY FUND 14,746,399 2,264,973 1,582,313 13,164,086 11% 424 BOND RESERVE FUND 840,816 - - 840,816 0% 511 EQUIPMENT RENTAL FUND 1,093,279 214,113 213,822 879,457 20% 617 FIREMEN'S PENSION FUND 89,615 38,741 17,062 72,553 19% 627 BUSINESS IMPROVEMENT DISTRCIT - - 9,008 (9,008) 0% 95,004,314$ 15,159,104$ 14,441,088$ 80,572,235$ 15% CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY Packet Page 7 of 200 4 Page 1 of 3 Title 2014 Amended Budget 3/31/2013 Revenues 3/31/2014 Revenues Amount Remaining % Received TAXES: REAL PERSONAL / PROPERTY TAX 9,857,161$ 416,187$ 320,270$ 9,536,891$ 3% EMS PROPERTY TAX 3,105,938 128,959 97,875 3,008,063 3% VOTED PROPERTY TAX 946,303 41,033 30,710 915,593 3% LOCAL RETAIL SALES/USE TAX 5,525,609 1,265,893 1,477,603 4,048,006 27% NATURAL GAS USE TAX 8,793 3,123 3,368 5,425 38% 1/10 SALES TAX LOCAL CRIM JUST 590,174 144,864 153,579 436,595 26% ELECTRIC UTILITY TAX 1,490,394 487,478 534,485 955,909 36% GAS UTILITY TAX 819,286 303,170 298,299 520,987 36% SOLID WASTE UTILITY TAX 297,972 74,898 68,111 229,861 23% WATER UTILITY TAX 920,882 217,707 242,014 678,868 26% SEWER UTILITY TAX 479,750 120,749 133,495 346,255 28% STORMWATER UTILITY TAX 295,972 85,709 89,638 206,334 30% T.V. CABLE UTILITY TAX 738,219 196,078 205,673 532,546 28% TELEPHONE UTILITY TAX 1,544,793 366,495 359,490 1,185,303 23% PULLTABS TAX 62,613 15,500 11,054 51,559 18% AMUSEMENT GAMES 746 51 12 734 2% LEASEHOLD EXCISE TAX 232,528 48,671 50,434 182,094 22% 26,917,133 3,916,564 4,076,111 22,841,022 15% LICENSES AND PERMITS: FIRE PERMITS-SPECIAL USE 5,666 - 40 5,626 1% PROF AND OCC LICENSE-TAXI 700 300 330 370 47% AMUSEMENTS 4,500 4,025 3,950 550 88% FRANCHISE AGREEMENT-COMCAST 659,488 167,992 172,694 486,794 26% FRANCHISE FEE-EDUCATION/GOVERNMENT - - 10,993 (10,993) 0% FRANCHISE AGREEMENT-VERIZON/FRONTIER 115,219 22,058 22,843 92,376 20% FRANCHISE AGREEMENT-BLACKROCK 14,299 2,938 4,717 9,582 33% FRANCHISE AGREMENT-ZAYO - 5,000 - - 0% OLYMPIC VIEW WATER DISTRICT FRANCHISE 233,162 52,692 74,829 158,333 32% GENERAL BUSINESS LICENSE 107,360 81,877 82,646 24,714 77% DEV SERV PERMIT SURCHARGE 38,500 5,250 7,615 30,885 20% NON-RESIDENT BUS LICENSE 53,963 24,050 25,500 28,463 47% RIGHT OF WAY FRANCHISE FEE 9,000 9,773 - 9,000 0% BUILDING STRUCTURE PERMITS 503,000 69,299 66,519 436,481 13% ANIMAL LICENSES 53,040 3,781 6,186 46,854 12% STREET AND CURB PERMIT 151,045 2,220 3,515 147,530 2% OTR NON-BUS LIC/PERMITS 18,467 3,045 3,180 15,287 17% 1,967,409 454,300 485,556 1,481,853 25% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 3,176 - - 3,176 0% ROOFTOP SOLAR CHALLENGE GRANT - - 1,000 (1,000) 0% TARGET ZERO TEAMS GRANT 7,500 1,480 1,666 5,834 22% HIGH VISIBILITY ENFORCEMENT 3,000 419 535 2,465 18% DOCKSIDE DRILLS GRANT REIMBURSE - - 721 (721) 0% SMART COMMUTER PROJECT GRANT - 250 - - 0% PUD PRIVILEDGE TAX 187,033 - - 187,033 0% MVET/SPECIAL DISTRIBUTION 8,916 2,281 2,487 6,429 28% JUDICIAL SALARY CONTRIBUTION-STATE 12,600 3,134 3,169 9,431 25% CRIMINAL JUSTICE-SPECIAL PROGRAMS 34,300 8,546 9,203 25,097 27% DUI - CITIES 7,900 1,799 1,854 6,046 23% LIQUOR EXCISE TAX 64,675 - 26,478 38,197 41% LIQUOR BOARD PROFITS 360,879 89,450 88,821 272,058 25% VERDANT INTERLOCAL GRANTS 39,513 - 39,513 - 100% 729,492 107,360 175,446 554,046 24% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 8 of 200 5 Page 2 of 3 Title 2014 Amended Budget 3/31/2013 Revenues 3/31/2014 Revenues Amount Remaining % Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,200 179 162 1,038 14% COURT RECORD SERVICES 50 - - 50 0% D/M COURT REC SER 50 14 10 40 20% SHARED COURT COSTS 3,700 - - 3,700 0% MUNIC.-DIST. COURT CURR EXPEN 200 32 107 93 54% SALE MAPS & BOOKS 73 68 9 64 13% CLERKS TIME FOR SALE OF PARKING PERMITS 25,086 - - 25,086 0% PHOTOCOPIES 4,618 797 570 4,048 12% POLICE DISCLOSURE REQUESTS 4,000 1,021 812 3,188 20% ENGINEERING FEES AND CHARGES 267,630 9,530 37,499 230,131 14% ELECTION CANDIDATE FILING FEES 1,036 - - 1,036 0% SNO-ISLE 58,667 14,445 14,212 44,455 24% PASSPORTS AND NATURALIZATION FEES 11,000 2,550 5,875 5,125 53% POLICE SERVICES SPECIAL EVENTS 26,000 - - 26,000 0% OCDETF OVERTIME - 1,113 4,445 (4,445) 0% CAMPUS SAFETY-EDM. SCH. DIST.12,300 - - 12,300 0% WOODWAY-LAW PROTECTION 36,000 2,470 9,450 26,550 26% MISCELLANEOUS POLICE SERVICES 1,500 - - 1,500 0% POLICE - FINGERPRINTING 275 35 185 90 67% DUI EMERGENCY FIRE SERVICES 700 202 51 649 7% FIRE DISTRICT #1 STATION BILLINGS 28,503 13,304 13,333 15,170 47% ADULT PROBATION SERVICE CHARGE 64,000 11,231 16,994 47,006 27% BOOKING FEES 6,300 1,154 1,722 4,578 27% FIRE CONSTRUCTION INSPECTION FEES 5,716 1,520 4,806 910 84% EMERGENCY SERVICE FEES 24,575 2,753 4,555 20,020 19% EMS TRANSPORT USER FEE 800,000 217,549 241,224 558,776 30% CRIM CNV FEE DUI - 133 - - 0% CRIM CONV FEE CT 5,700 982 1,046 4,654 18% CRIM CONV FEE CN 2,000 257 323 1,677 16% FIBER SERVICES 37,349 8,220 3,720 33,629 10% INTERGOVERNMENTAL FIBER SERVICES 7,454 1,800 1,800 5,654 24% FLEX FUEL PAYMENTS FROM STATIONS 218 394 305 (87) 140% ANIMAL CONTROL SHELTER 6,616 1,090 715 5,901 11% ZONING/SUBDIVISION FEE 95,950 16,255 11,103 84,847 12% PLAN CHECKING FEES 310,000 53,157 207,707 102,293 67% FIRE PLAN CHECK FEES 2,984 500 2,390 594 80% PLANNING 1% INSPECTION FEE 1,630 - - 1,630 0% S.E.P.A. REVIEW 6,980 1,940 1,705 5,275 24% CRITICAL AREA STUDY 16,530 3,410 5,115 11,415 31% DV COORDINATOR SERVICES 8,600 2,768 2,171 6,429 25% SWIM POOL ENTRANCE FEES 61,000 - - 61,000 0% GYM AND WEIGHTROOM FEES 5,500 1,694 1,444 4,056 26% LOCKER FEES 350 - - 350 0% SWIM CLASS FEES 32,000 - - 32,000 0% PROGRAM FEES 757,000 176,231 182,209 574,791 24% TAXABLE RECREATION ACTIVITIES 120,000 43,573 35,251 84,749 29% SWIM TEAM/DIVE TEAM 32,500 - - 32,500 0% BIRD FEST REGISTRATION FEES 825 - 20 805 2% INTERFUND REIMBURSEMENT-CONTRACT SVCS 1,902,614 439,803 369,187 1,533,427 19% 4,796,979 1,032,176 1,182,231 3,614,748 25% CITY OF EDMONDS REVENUES - GENERAL FUND Packet Page 9 of 200 6 Page 3 of 3 Title 2014 Amended Budget 3/31/2013 Revenues 3/31/2014 Revenues Amount Remaining % Received FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 11,000 1,843 2,142 8,858 19% TRAFFIC INFRACTION PENALTIES 38,000 4,847 6,305 31,695 17% NC TRAFFIC INFRACTION 310,000 45,390 65,719 244,281 21% CRT COST FEE CODE LEG ASSESSMENT (LGA)25,000 3,614 5,044 19,956 20% SPEEDING DOUBLE 330 - - 330 0% NON-TRAFFIC INFRACTION PENALTIES 2,085 - 1,201 884 58% OTHER INFRACTIONS '04 2,300 102 171 2,129 7% PARKING INFRACTION PENALTIES 52,000 9,447 10,300 41,700 20% PARK/INDDISZONE - 400 308 (308) 0% DWI PENALTIES 3,000 (205) 1,794 1,206 60% DUI - DP ACCT 3,700 429 683 3,017 18% CRIM CNV FEE DUI 700 - 166 534 24% OTHER CRIMINAL TRAF MISDEM PEN - - 18 (18) 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 38,000 5,680 8,997 29,003 24% CRIMINAL CONVICTION FEE CT - 62 387 (387) 0% OTHER NON-TRAF MISDEMEANOR PEN 100 41 3 97 3% OTHER NON TRAFFIC MISD. 8/03 - (3,183) 10,287 (10,287) 0% COURT DV PENALTY ASSESSMENT 1,900 442 344 1,556 18% CRIMINAL CONVICTION FEE CN - 29 200 (200) 0% CRIMINAL COSTS-RECOUPMENTS 120,000 20,109 25,729 94,271 21% PUBLIC DEFENSE RECOUPMENT 35,000 5,174 8,208 26,792 23% COURT INTERPRETER COSTS 50 6 49 1 99% BUS. LICENSE PERMIT PENALTY 4,000 955 1,855 2,145 46% MISC FINES AND PENALTIES 3,600 1,510 - 3,600 0% 650,765 96,691 149,910 500,856 23% MISCELLANEOUS: INVESTMENT INTEREST 88,200 140 3,415 84,785 4% INTEREST ON COUNTY TAXES 1,281 304 152 1,129 12% INTEREST - COURT COLLECTIONS 4,000 616 1,881 2,119 47% PARKING 12,804 2,370 2,257 10,547 18% SPACE/FACILITIES RENTALS 153,200 14,134 9,032 144,169 6% BRACKET ROOM RENTAL 4,817 1,480 1,560 3,257 32% LEASES LONG-TERM 159,335 43,185 42,662 116,673 27% VENDING MACHINE/CONCESSION 5,500 694 782 4,718 14% OTHER RENTS & USE CHARGES 8,400 - - 8,400 0% PARKS DONATIONS 9,100 7,250 4,050 5,050 45% BIRD FEST CONTRIBUTIONS 1,300 200 200 1,100 15% SALE OF JUNK/SALVAGE 1,200 - - 1,200 0% SALES OF UNCLAIM PROPERTY 4,000 1,553 166 3,834 4% CONFISCATED AND FORFEITED PROPERTY - 358 - - 0% POLICE JUDGMENTS/RESTITUTION 477 40 88 389 18% CASHIER'S OVERAGES/SHORTAGES 45 1 201 (156) 447% OTHER MISC REVENUES 725,427 563 603 724,824 0% SMALL OVERPAYMENT 68 2 21 47 31% NSF FEES - PARKS & REC 150 30 30 120 20% NSF FEES - MUNICIPAL COURT 1,300 189 213 1,087 16% NSF FEES - DEVELOPMENT SERVICES DEPT - 90 - - 0% 1,180,604 73,197 67,312 1,113,292 6% TRANSFERS-IN: PROCEEDS OF REFUNDING DEBT 2,763,315 - 2,763,314 1 100% 2,763,315 - 2,763,314 1 0% TOTAL GENERAL FUND REVENUE 39,005,697$ 5,680,288$ 8,899,880$ 30,105,817$ 23% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 10 of 200 7 Page 1 of 6 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent GENERAL FUND EXPENDITURES (001) SALARIES AND WAGES 13,071,102$ 2,987,561$ 2,935,887$ 10,135,215$ 22% OVERTIME 425,123 83,936 99,217 325,906 23% HOLIDAY BUY BACK 201,026 802 - 201,026 0% BENEFITS 4,659,657 1,009,898 1,118,938 3,540,719 24% UNIFORMS 65,210 9,405 14,584 50,626 22% SUPPLIES 376,613 68,922 87,446 289,167 23% SMALL EQUIPMENT 240,083 24,822 59,665 180,418 25% PROFESSIONAL SERVICES 2,288,918 314,045 314,989 1,973,929 14% COMMUNICATIONS 203,230 42,912 32,158 171,072 16% TRAVEL 33,685 2,122 2,377 31,308 7% ADVERTISING 57,375 4,307 5,614 51,761 10% RENTAL/LEASE 933,815 207,480 234,173 699,642 25% INSURANCE 379,784 397,566 383,906 (4,122) 101% UTILITIES 457,800 113,768 110,869 346,931 24% REPAIRS & MAINTENANCE 349,835 67,028 121,564 228,271 35% MISCELLANEOUS 354,066 82,961 82,771 271,295 23% INTERGOVERNMENTAL SERVICES 8,316,935 3,845,609 3,892,520 4,424,415 47% INTERGOVERNMENTAL PAYMENTS 180,000 - - 180,000 0% EXCISE TAXES 6,452 760 812 5,641 13% INTERFUND TRANSFER 5,137,373 255,078 - 5,137,373 0% MACHINERY/EQUIPMENT 55,721 22,735 - 55,721 0% GENERAL OBLIGATION BOND PRINCIPAL 2,874,066 - - 2,874,066 0% CAPITAL LEASES AND INSTALLMENT PURCHASES 64,654 - - 64,654 0% OTHER DEBT - 478 479 (479) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 85,400 - - 85,400 0% DEBT ISSUE COSTS - - 16,481 (16,481) 0% INTERFUND SERVICES 200,000 - - 200,000 0% INTERFUND RENTAL - 12,000 - - 0% 41,017,923$ 9,554,193$ 9,514,450$ 31,503,473$ 23% LEOFF-MEDICAL INS. RESERVE (009) BENEFITS 312,774$ 65,174$ 83,943$ 228,831$ 27% IN HOME LTC CLAIMS 183,337 27,531 15,815 167,522 9% PROFESSIONAL SERVICES 7,000 - - 7,000 0% MISCELLANEOUS 250 - - 250 0% 503,361$ 92,705$ 99,759$ 403,602$ 20% RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS 300,000$ 464,100$ -$ 300,000$ 0% 300,000$ 464,100$ -$ 300,000$ 0% HISTORIC PRESERVATION GIFT FUND (014) SUPPLIES 100$ -$ -$ 100$ 0% PROFESSIONAL SERVICES 100 - - 100 0% ADVERTISING 100 - - 100 0% MISCELLANEOUS 7,700 800 - 7,700 0% 8,000$ 800$ -$ 8,000$ 0% BUILDING MAINTENANCE SUBFUND (016) SUPPLIES -$ -$ 294$ (294)$ 0% PROFESSIONAL SERVICES 20,000 - 2,217 17,783 11% REPAIRS & MAINTENANENCE 668,200 - 10,123 658,077 2% CONSTRUCTION PROJECTS 32,000 - - 32,000 0% 720,200$ -$ 12,634$ 675,566$ 2% DRUG ENFORCEMENT FUND (104) FUEL CONSUMED 3,000 1,136 1,503 1,497 50% SMALL EQUIPMENT 5,000 - - 5,000 0% COMMUNICATIONS 2,233 851 750 1,483 34% REPAIR/MAINT 800 - - 800 0% MISCELLANEOUS 20,000 - - 20,000 0% INTERGOVTL SVC 50,000 - - 50,000 0% 81,033$ 1,987$ 2,253$ 78,780$ 3% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 11 of 200 8 Page 2 of 6 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent STREET FUND (111) SALARIES AND WAGES 481,344$ 107,186$ 101,190$ 380,154$ 21% OVERTIME 21,400 4,269 8,073 13,327 38% BENEFITS 239,311 45,802 49,425 189,886 21% UNIFORMS 6,000 3,400 3,435 2,565 57% SUPPLIES 240,000 37,089 17,091 222,909 7% SMALL EQUIPMENT 26,000 - 3,292 22,708 13% PROFESSIONAL SERVICES 13,700 3,984 4,909 8,791 36% COMMUNICATIONS 2,500 584 927 1,573 37% TRAVEL 1,000 - 110 890 11% ADVERTISING 350 - - 350 0% RENTAL/LEASE 180,104 39,295 44,579 135,525 25% INSURANCE 82,400 87,201 74,683 7,717 91% UTILITIES 275,783 43,810 45,233 230,550 16% REPAIRS & MAINTENANCE 45,000 2,313 5,002 39,998 11% MISCELLANEOUS 8,000 315 - 8,000 0% INTERGOVERNMENTAL SERVICES 2,000 89 45 1,955 2% INTERFUND TRANSFER 28,805 - - 28,805 0% GENERAL OBLIGATION BOND PRINCIPAL 3,149 - - 3,149 0% INTEREST ON LONG-TERM EXTERNAL DEBT 1,964 - - 1,964 0% 1,658,810$ 375,338$ 357,993$ 1,300,817$ 22% COMBINED STREET CONST/IMPROVE (112) PROFESSIONAL SERVICES 2,022,300$ 69,167$ 126,351$ 1,895,949$ 6% INTERFUND TRANSFER OUT 384,043 - - 384,043 0% LAND 373,000 - 4,508 368,492 1% CONST SURFACE CONST PROJECTS 6,215,200 75,590 46,784 6,168,416 1% INTERGOVERNMENTAL LOANS 72,203 - - 72,203 0% INTEREST ON INTERGOVERNMENTAL LOANS 4,120 - - 4,120 0% INTERFUND SERVICES 491,000 34,264 34,697 456,303 7% 9,561,866$ 179,022$ 212,340$ 9,349,526$ 2% MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES 4,200$ -$ 39$ 4,161$ 1% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 135,000 4,373 7,680 127,320 6% TRAVEL 75 12 11 65 14% ADVERTISING 4,000 1,450 53 3,948 1% RENTAL/LEASE 2,000 - - 2,000 0% REPAIRS & MAINTENANCE 300 - - 300 0% MISCELLANEOUS 6,000 12 944 5,056 16% 152,575$ 5,847$ 8,726$ 143,849$ 6% HOTEL/MOTEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES 16,000$ -$ -$ 16,000$ 0% ADVERTISING 33,500 - - 33,500 0% MISCELLANEOUS 500 100 - 500 0% INTERFUND TRANSFERS 4,000 - - 4,000 0% 54,000$ 100$ -$ 54,000$ 0% EMPLOYEE PARKING PERMIT FUND (121) SUPPLIES 1,700$ -$ -$ 1,700$ 0% PROFESSIONAL SERVICES 25,086 - - 25,086 0% 26,786$ -$ -$ 26,786$ 0% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS 3,600$ 1,018$ 478$ 3,122$ 13% 3,600$ 1,018$ 478$ 3,122$ 13% TOURISM PROMOTIONAL FUND/ARTS (123) PROFESSIONAL SVC 10,500$ 447$ -$ 10,500$ 0% ADVERTISING 4,500 553 - 4,500 0% MISCELLANEOUS 4,000 - 564 3,436 14% 19,000$ 999$ 564$ 18,436$ 3% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 12 of 200 9 Page 3 of 6 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent REAL ESTATE EXCISE TAX 2 (125) SUPPLIES 30,000$ 19,160$ 24,407$ 5,593$ 81% PROFESSIONAL SERVICES 400,000 (2,079) 6,801 393,199 2% ADVERTISING - 148 - - 0% RENTAL/LEASE - - 3,379 (3,379) 0% REPAIRS & MAINTENANCE 152,712 - 12,968 139,744 8% INTERFUND TRANSFER 800,000 - - 800,000 0% CONSTRUCTION PROJECTS 200,000 - - 200,000 0% 1,582,712$ 17,230$ 47,555$ 1,535,157$ 3% REAL ESTATE EXCISE TAX 1, PARKS ACQ (126) MISCELLANEOUS 200,000$ -$ 2,500$ 197,500$ 1% INTERFUND TRANSFER 959,528 - - 959,528 0% GENERAL OBLIGATION BONDS 18,330 - - 18,330 0% INTEREST 11,433 - - 11,433 0% 1,189,291$ -$ 2,500$ 1,186,791$ 0% GIFTS CATALOG FUND (127) SUPPLIES 11,700$ 1,013$ 533$ 11,167$ 5% PROFESSIONAL SERVICES 4,000 6,150 - 4,000 0% INTERFUND TRANSFER 2,500 - - 2,500 0% 18,200$ 7,163$ 533$ 17,667$ 3% SPECIAL PROJECTS FUND (129) * PROFESSIONAL SERVICES 2,000$ -$ -$ 2,000$ 0% CONSTRUCTION PROJECTS - - 17,469 (17,469) 0% INTERFUND SERVICES 2,000 10,045 - 2,000 0% 4,000$ 10,045$ 17,469$ (13,469)$ 437% CEMETERY MAINTENANCE/IMPROVEMENT (130) SALARIES AND WAGES 81,251$ 17,341 17,583$ 63,668$ 22% OVERTIME 3,500 124 1,028 2,472 29% BENEFITS 39,056 7,843 7,983 31,074 20% UNIFORMS 1,000 - - 1,000 0% SUPPLIES 7,000 255 1,715 5,285 24% SUPPLIES PURCHASED FOR INVENTORY/RESALE 20,000 1,867 2,502 17,498 13% PROFESSIONAL SERVICES 1,000 - - 1,000 0% COMMUNICATIONS 1,412 350 359 1,053 25% TRAVEL 500 - - 500 0% ADVERTISING 3,200 108 177 3,023 6% RENTAL/LEASE 9,216 1,314 2,304 6,912 25% UTILITIES 3,800 - 136 3,664 4% REPAIRS & MAINTENANCE 500 - - 500 0% MISCELLANEOUS 4,000 1,019 1,035 2,965 26% 175,435$ 30,222$ 34,822$ 140,613$ 20% PARKS CONSTRUCTION FUND (132) PROFESSIONAL SERVICES (201,000) 1,940 99,826 (300,826) 0% LAND 700,000 - - 700,000 0% CONSTRUCTION PROJECTS 1,790,000 - - 1,790,000 0% INTERFUND SERVICES - 1,114 - - 0% 2,289,000$ 3,054$ 99,826$ 2,189,174$ 4% SISTER CITY COMMISSION (138) SUPPLIES 500$ -$ -$ 500$ 0% TRAVEL 3,000 - - 3,000 0% MISCELLANEOUS 1,000 63 274 726 27% 4,500$ 63$ 274$ 4,226$ 6% TRANSPORTATION BENEFIT DISTRICT (139) PROFESSIONAL SERVICES -$ 1,756$ -$ -$ 0% INSURANCE 5,000 5,000 2,500 2,500 50% INTERFUND TRANSFER - 140,299 - - 0% INTERGOVTL SERVICES 640,000 - 149,353 490,647 23% 645,000$ 147,055$ 151,853$ 493,147$ 24% *A budget amendment will be completed for this carryforward expense for the SR99 International District Enhancement Project CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 13 of 200 10 Page 4 of 6 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent LID FUND CONTROL (211) INTERFUND TRANSFER 28,600$ -$ -$ 28,600$ 0% 28,600$ -$ -$ 28,600$ 0% 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND 854,667$ -$ -$ 854,667$ 0% INTEREST 168,023 - - 168,023 0% 1,022,690$ -$ -$ 1,022,690$ 0% 2014 DEBT SERVICE FUND (232) GENERAL OBLIGATION BOND 923,199$ -$ -$ 923,199$ 0% INTEREST 23,105 - - 23,105 0% DEBT ISSUE COSTS 19,982 - - 19,982 0% 966,286$ -$ -$ 966,286$ 0% WATER FUND (421) SALARIES AND WAGES 677,172$ 177,452$ 182,542$ 494,630$ 27% OVERTIME 24,180 3,557 3,206 20,974 13% BENEFITS 326,137 73,319 83,444 242,693 26% UNIFORMS 6,800 1,844 1,252 5,548 18% SUPPLIES 151,838 11,947 37,064 114,774 24% FUEL CONSUMED - - - - 0% WATER PURCHASED FOR RESALE 1,600,000 190,276 189,238 1,410,762 12% SUPPLIES PURCHASED FOR INVENTORY/RESALE 130,816 23,819 59,352 71,464 45% SMALL EQUIPMENT 25,161 105 1,474 23,687 6% PROFESSIONAL SERVICES 229,150 22,983 36,637 192,513 16% COMMUNICATIONS 35,000 8,471 6,020 28,980 17% TRAVEL 2,600 - - 2,600 0% ADVERTISING 500 - - 500 0% RENTAL/LEASE 104,820 23,107 26,276 78,544 25% INSURANCE 66,869 67,607 65,068 1,801 97% UTILITIES 40,000 8,193 13,537 26,463 34% REPAIRS & MAINTENANCE 17,600 363 515 17,085 3% MISCELLANEOUS 307,880 80,040 94,038 213,842 31% INTERGOVERNMENTAL SERVICES 30,000 10,079 10,292 19,708 34% INTERFUND TAXES 920,881 217,707 242,014 678,867 26% INTERFUND TRANSFER 292,830 - - 292,830 0% MACHINERY/EQUIPMENT 49,849 - - 49,849 0% CONSTRUCTION PROJECTS 3,475,939 - 270,338 3,205,601 8% GENERAL OBLIGATION BONDS 2,115 - - 2,115 0% REVENUE BONDS 306,140 - - 306,140 0% INTERGOVERNMENTAL LOANS 45,839 - - 45,839 0% INTEREST 275,912 - - 275,912 0% OTHER INTEREST & DEBT SERVICE COSTS - 175 175 (175) 0% INTERFUND SERVICES 484,096 115,756 92,376 391,720 19% 9,630,124$ 1,036,799$ 1,414,857$ 8,215,267$ 15% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 14 of 200 11 Page 5 of 6 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent STORM FUND (422) SALARIES AND WAGES 594,775$ 137,385$ 147,161$ 447,614$ 25% OVERTIME 6,000 2,789 2,738 3,262 46% BENEFITS 258,745 55,785 65,954 192,791 25% UNIFORMS 6,500 3,813 4,124 2,376 63% SUPPLIES 58,333 2,808 10,866 47,467 19% SMALL EQUIPMENT 4,000 - 560 3,440 14% PROFESSIONAL SERVICES 1,548,909 172,032 65,695 1,483,214 4% COMMUNICATIONS 3,200 301 1,014 2,186 32% TRAVEL 4,300 - - 4,300 0% ADVERTISING 500 - - 500 0% RENTAL/LEASE 213,612 53,280 52,403 161,209 25% INSURANCE 8,089 8,407 36,035 (27,946) 445% UTILITES 10,500 2,651 2,664 7,836 25% REPAIR & MAINTENANCE 13,000 - 6,711 6,289 52% MISCELLANEOUS 112,100 25,508 25,198 86,902 22% INTERGOVERNMENTAL SERVICES 75,000 16,682 11,933 63,067 16% INTERFUND TAXES AND OPERATING ASSESSMENT 295,973 85,709 89,638 206,335 30% INTERFUND TRANSFER 54,291 - - 54,291 0% CONSTRUCTION PROJECTS 2,219,712 - - 2,219,712 0% GENERAL OBLIGATION BONDS 105,461 - - 105,461 0% REVENUE BONDS 149,691 - - 149,691 0% INTERGOVERNMENTAL LOANS 32,063 - - 32,063 0% INTEREST 182,178 - - 182,178 0% OTHER INTEREST & DEBT SERVICE COSTS - 83 84 (84) 0% INTERFUND PROFESSIONAL SERVICES 614,281 146,304 117,219 497,062 19% 6,571,213$ 713,535$ 639,997$ 5,931,216$ 10% SEWER FUND (423) SALARIES AND WAGES 1,650,330$ 391,476$ 414,554$ 1,235,776$ 25% OVERTIME 73,000 32,190 22,206 50,794 30% BENEFITS 760,694 158,866 187,036 573,658 25% UNIFORMS 11,400 5,843 5,144 6,256 45% SUPPLIES 399,333 59,784 37,534 361,799 9% FUEL CONSUMED 90,000 51,046 26,997 63,003 30% SMALL EQUIPMENT 26,000 1,880 8,793 17,207 34% PROFESSIONAL SERVICES 1,065,500 368,273 126,325 939,175 12% COMMUNICATIONS 40,000 9,018 8,911 31,089 22% TRAVEL 7,400 - - 7,400 0% ADVERTISING 2,500 - - 2,500 0% RENTAL/LEASE 149,968 33,024 36,543 113,425 24% INSURANCE 155,006 156,092 128,145 26,861 83% UTILITIES 1,170,600 198,978 176,653 993,947 15% REPAIR & MAINTENANCE 175,000 14,886 34,827 140,173 20% MISCELLANEOUS 217,935 52,282 43,242 174,693 20% INTERGOVERNMENTAL SERVICES 408,889 42,648 43,874 365,015 11% INTERFUND TAXES AND OPERATING ASSESSMENT 479,750 120,749 133,495 346,255 28% INTERFUND TRANSFERS 1,168,346 - - 1,168,346 0% MACHINERY/EQUIPMENT 449,500 - 6,504 442,996 1% CONSTRUCTION PROJECTS 4,837,535 435,339 15,689 4,821,846 0% GENERAL OBLIGATION BONDS 120,529 - - 120,529 0% REVENUE BONDS 69,169 - - 69,169 0% INTERGOVERNMENTAL LOANS 203,621 - - 203,621 0% INTEREST 149,971 - - 149,971 0% OTHER INTEREST & DEBT SERVICE COSTS - 41 41 (41) 0% INTERFUND PROFESSIONAL SERVICES 864,423 132,558 125,799 738,624 15% 14,746,399$ 2,264,973$ 1,582,313$ 13,164,086$ 11% BOND RESERVE FUND (424) REVENUE BONDS 160,000$ -$ -$ 160,000$ 0% INTEREST 680,816 - - 680,816 0% 840,816 - - 840,816 0% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 15 of 200 12 Page 6 of 6 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent EQUIPMENT RENTAL FUND (511) SALARIES AND WAGES 203,962$ 34,458$ 51,751$ 152,211$ 25% OVERTIME 1,000 886 234 766 23% BENEFITS 89,965 16,716 23,522 66,443 26% UNIFORMS 1,000 293 448 552 45% SUPPLIES 96,500 11,202 10,774 85,726 11% FUEL CONSUMED 1,000 - 123 877 12% SUPPLIES PURCHASED FOR INVENTORY/RESALE 361,700 45,509 14,131 347,569 4% SMALL EQUIPMENT 8,000 543 6,344 1,656 79% PROFESSIONAL SERVICES 1,000 569 318 682 32% COMMUNICATIONS 3,000 314 455 2,545 15% RENTAL/LEASE 14,484 2,256 3,445 11,040 24% INSURANCE 32,701 32,700 35,893 (3,192) 110% UTILITIES 14,000 3,926 3,961 10,039 28% REPAIRS & MAINTENANCE 60,000 16,093 14,871 45,129 25% MISCELLANEOUS 6,000 1,602 840 5,160 14% INTERGOVERNMENTAL SERVICES 2,500 119 60 2,440 2% MACHINERY/EQUIPMENT 186,467 46,927 46,653 139,814 25% INTERFUND RENTAL 10,000 - - 10,000 0% 1,093,279$ 214,113$ 213,822$ 879,457$ 20% FIREMEN'S PENSION FUND (617) BENEFITS 49,619$ 10,323$ 9,235$ 40,384$ 19% PENSION AND DISABILITY PAYMENTS 38,796 28,418 7,827 30,969 20% PROFESSIONAL SERVICES 1,200 - - 1,200 0% 89,615$ 38,741$ 17,062$ 72,553$ 19% BUSINESS IMPROVEMENT DISTRICT FUND (627) PROFESSIONAL SERVICES -$ -$ 8,450$ (8,450)$ 0% MISCELLANEOUS - - 558 (558) 0% -$ -$ 9,008$ (9,008)$ 0% TOTAL EXPENDITURE ALL FUNDS 95,004,314$ 15,159,104$ 14,441,088$ 79,691,419$ 15% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 16 of 200 13 Page 1 of 1 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent CITY COUNCIL 238,644$ 61,389$ 46,539$ 192,105$ 20% OFFICE OF MAYOR 251,085 59,435 61,132 189,953 24% HUMAN RESOURCES 349,938 59,024 88,106 261,832 25% MUNICIPAL COURT 801,872 172,514 198,204 603,668 25% CITY CLERK 537,273 132,277 127,044 410,229 24% ADMINISTRATIVE SERVICES 1,645,285 390,531 390,820 1,254,465 24% CITY ATTORNEY 552,900 110,418 123,381 429,519 22% NON-DEPARTMENTAL 17,816,558 4,520,241 4,388,210 13,428,348 25% POLICE SERVICES 8,824,364 2,104,655 2,062,997 6,761,367 23% COMMUNITY SERVICES/ECONOMIC DEV.508,024 82,365 83,578 424,446 16% DEVELOPMENT SERVICES 2,185,960 425,710 387,354 1,798,606 18% PARKS & RECREATION 3,811,516 687,221 732,519 3,078,997 19% PUBLIC WORKS 2,088,677 428,001 460,860 1,627,817 22% FACILITIES MAINTENANCE 1,405,827 320,411 363,708 1,042,119 26% 41,017,923$ 9,554,193$ 9,514,450$ 31,503,473$ 23% Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent WATER UTILITY FUND 9,630,124$ 1,036,799$ 1,414,857$ 8,215,267$ 15% STORM UTILITY FUND 6,571,213 713,535 639,997 5,931,216 10% SEWER/WWTP UTILITY FUND 14,746,399 2,264,973 1,582,313 13,164,086 11% BOND RESERVE FUND 840,816 - - 840,816 0% 31,788,552$ 4,015,308$ 3,637,167$ 28,151,385$ 11% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY EXPENDITURES - UTILITY- BY FUND IN SUMMARY CITY OF EDMONDS CITY OF EDMONDS Packet Page 17 of 200 14 Page 1 of 4 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent CITY COUNCIL SALARIES 117,615$ 29,568$ 27,164$ 90,451$ 23% OVERTIME 2,000 155 79 1,921 4% BENEFITS 72,271 17,363 17,460 54,811 24% SUPPLIES 2,000 88 87 1,913 4% SMALL EQUIPMENT - - 471 (471) 0% PROFESSIONAL SERVICES 10,000 13,259 - 10,000 0% COMMUNICATIONS 3,000 520 540 2,460 18% TRAVEL 2,500 323 403 2,097 16% RENTAL/LEASE 490 113 123 367 25% REPAIRS/MAINTENANCE 1,500 - - 1,500 0% MISCELLANEOUS 27,268 - 212 27,056 1% 238,644$ 61,389$ 46,539$ 192,105$ 20% OFFICE OF MAYOR SALARIES 192,115$ 46,497$ 47,637$ 144,478$ 25% BENEFITS 46,170 10,446 11,195 34,975 24% SUPPLIES 2,000 720 92 1,908 5% PROFESSIONAL SERVICES 1,500 605 876 624 58% COMMUNICATION 1,400 170 252 1,148 18% TRAVEL 2,000 271 256 1,744 13% RENTAL/LEASE 2,400 553 559 1,841 23% REPAIR/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 3,000 173 265 2,735 9% 251,085$ 59,435$ 61,132$ 189,953$ 24% HUMAN RESOURCES SALARIES 194,389$ 39,143$ 46,869$ 147,520$ 24% BENEFITS 59,339 11,943 16,180 43,159 27% SUPPLIES 2,300 1,012 1,123 1,177 49% SMALL EQUIPMENT 100 - - 100 0% PROFESSIONAL SERVICES 71,000 5,309 16,042 54,958 23% COMMUNICATIONS 700 80 80 620 11% TRAVEL 500 - - 500 0% ADVERTISING 5,000 911 556 4,444 11% RENTAL/LEASE 2,200 554 560 1,640 25% REPAIR/MAINTENANCE 6,000 - 6,119 (119) 102% MISCELLANEOUS 8,410 72 578 7,832 7% 349,938$ 59,024$ 88,106$ 261,832$ 25% MUNICIPAL COURT SALARIES 500,048$ 111,746$ 130,054$ 369,994$ 26% OVERTIME - - 1,441 (1,441) 0% BENEFITS 177,004 36,987 38,985 138,019 22% SUPPLIES 9,400 2,518 2,007 7,393 21% SMALL EQUIPMENT 2,500 690 236 2,264 9% PROFESSIONAL SERVICES 69,000 16,393 22,030 46,970 32% COMMUNICATIONS 2,600 411 523 2,077 20% TRAVEL 2,390 559 681 1,709 28% RENTAL/LEASE 1,070 228 120 950 11% REPAIR/MAINTENANCE 610 286 305 305 50% MISCELLANEOUS 37,250 2,697 1,822 35,428 5% 801,872$ 172,514$ 198,204$ 603,668$ 25% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL CITY OF EDMONDS Packet Page 18 of 200 15 Page 2 of 4 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent CITY CLERK SALARIES AND WAGES 307,596$ 75,702$ 72,320$ 235,276$ 24% OVERTIME - - 284 (284) 0% BENEFITS 101,833 23,010 26,219 75,614 26% SUPPLIES 10,237 2,014 1,992 8,245 19% PROFESSIONAL SERVICES 24,107 6,314 6,674 17,433 28% COMMUNICATIONS 50,000 17,899 8,808 41,192 18% TRAVEL 1,000 - - 1,000 0% ADVERTISING 4,200 1,860 504 3,696 12% RENTAL/LEASE 20,000 4,011 4,028 15,972 20% REPAIRS & MAINTENANCE 14,300 350 5,085 9,215 36% MISCELLANEOUS 4,000 1,116 1,129 2,871 28% 537,273$ 132,277$ 127,044$ 410,229$ 24% ADMINISTRATIVE SERVICES SALARIES 771,709$ 178,204$ 173,515$ 598,194$ 22% OVERTIME 6,667 2,297 972 5,695 15% BENEFITS 255,363 53,085 58,483 196,880 23% SUPPLIES 36,036 8,260 17,374 18,662 48% SMALL EQUIPMENT 170,554 21,367 52,040 118,514 31% PROFESSIONAL SERVICES 103,856 50,842 2,531 101,325 2% COMMUNICATIONS 58,960 12,347 9,990 48,970 17% TRAVEL 1,750 - 6 1,744 0% RENTAL/LEASE 8,904 2,336 2,315 6,589 26% REPAIR/MAINTENANCE 180,986 30,367 69,958 111,028 39% MISCELLANEOUS 10,500 8,692 3,636 6,864 35% MACHINERY/EQUIPMENT 40,000 22,735 - 40,000 0% 1,645,285$ 390,531$ 390,820$ 1,254,465$ 24% CITY ATTORNEY PROFESSIONAL SERVICES 552,900$ 110,418$ 123,331$ 429,569$ 22% MISC PROSECUTOR - - 50 (50) 0% 552,900$ 110,418$ 123,381$ 429,519$ 22% NON-DEPARTMENTAL SALARIES 278,171$ -$ -$ 278,171$ 0% BENEFITS - UNEMPLOYMENT 25,000 2,931 8,481 16,519 34% SUPPLIES 3,000 - 93 2,907 3% PROFESSIONAL SERVICES 287,347 47,131 49,833 237,514 17% RENTAL/LEASE 3,600 3,600 3,600 - 100% INSURANCE 379,784 397,566 383,906 (4,122) 101% MISCELLANEOUS 55,708 40,065 42,124 13,584 76% INTERGOVT SERVICES 8,236,003 3,772,632 3,882,401 4,353,602 47% ECA LOAN PAYMENT 180,000 - - 180,000 0% EXCISE TAXES 6,452 760 812 5,641 13% INTERFUND TRANSFERS 5,137,373 255,078 - 5,137,373 0% GENERAL OBLIGATION BOND 2,874,066 - - 2,874,066 0% INSTALLMENT PURCHASES 64,654 - - 64,654 0% INTEREST ON LONG-TERM DEBT 85,400 - - 85,400 0% DEBT ISSUANCE COSTS - - 16,481 (16,481) 0% FISCAL AGENT FEES - 478 479 (479) 0% INTERFUND SERVICES 200,000 - - 200,000 0% 17,816,558$ 4,520,241$ 4,388,210$ 13,428,348$ 25% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 19 of 200 16 Page 3 of 4 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent POLICE SERVICES SALARIES 5,263,948$ 1,298,875$ 1,247,878$ 4,016,070$ 24% OVERTIME 402,456 78,772 93,796 308,660 23% HOLIDAY BUYBACK 201,026 802 - 201,026 0% BENEFITS 1,962,070 446,277 488,053 1,474,017 25% UNIFORMS 56,910 8,217 11,968 44,942 21% SUPPLIES 87,500 24,735 22,500 65,000 26% SMALL EQUIPMENT 15,900 2,036 1,560 14,340 10% PROFESSIONAL SERVICES 114,287 11,869 24,715 89,572 22% COMMUNICATIONS 25,592 4,184 4,656 20,936 18% TRAVEL 14,300 935 986 13,314 7% ADVERTISING 375 36 21 354 6% RENTAL/LEASE 608,688 133,567 151,352 457,336 25% REPAIR/MAINTENANCE 16,115 1,124 1,674 14,441 10% MISCELLANEOUS 44,960 8,247 8,721 36,239 19% INTERGOVTL SERVICES 10,237 72,977 5,119 5,119 50% INTERFUND RENTAL - 12,000 - - 0% 8,824,364$ 2,104,655$ 2,062,997$ 6,761,367$ 23% COMMUNITY SERVICES/ECON DEV. SALARIES 216,742$ 53,471$ 54,204$ 162,538$ 25% BENEFITS 68,668 15,612 17,635 51,033 26% SUPPLIES 1,500 204 228 1,272 15% SMALL EQUIPMENT 800 - - 800 0% PROFESSIONAL SERVICES 145,824 11,040 9,000 136,824 6% COMMUNICATIONS 1,490 344 204 1,286 14% TRAVEL 2,000 - 6 1,994 0% ADVERTISING 39,500 - 577 38,923 1% RENTAL/LEASE 2,000 644 560 1,440 28% REPAIR/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 29,000 1,050 1,164 27,836 4% 508,024$ 82,365$ 83,578$ 424,446$ 16% DEVELOPMENT SERVICES/PLANNING SALARIES 1,255,706$ 304,858$ 266,359$ 989,347$ 21% OVERTIME 1,300 25 724 576 56% BENEFITS 459,602 99,392 98,330 361,272 21% UNIFORMS 100 - - 100 0% SUPPLIES 13,100 1,658 2,731 10,369 21% SMALL EQUIPMENT 1,100 - - 1,100 0% PROFESSIONAL SERVICES 380,800 4,820 3,058 377,742 1% COMMUNICATIONS 4,600 853 800 3,800 17% TRAVEL 1,600 12 - 1,600 0% ADVERTISING 4,000 837 1,160 2,840 29% RENTAL/LEASE 38,152 8,084 9,149 29,003 24% REPAIRS & MAINTENANCE 500 - - 500 0% MISCELLANEOUS 25,400 5,172 5,044 20,356 20% 2,185,960$ 425,710$ 387,354$ 1,798,606$ 18% ENGINEERING SALARIES 1,203,904$ 249,382$ 261,974$ 941,930$ 22% OVERTIME 5,000 947 - 5,000 0% BENEFITS 423,053 89,699 102,138 320,915 24% UNIFORMS 360 - - 360 0% SMALL EQUIPMENT 2,200 403 1,068 1,132 49% PROFESSIONAL SERVICES 52,950 - - 52,950 0% COMMUNICATIONS 11,220 1,072 1,222 9,998 11% TRAVEL 600 10 40 560 7% ADVERTISING - 264 - - 0% RENTAL/LEASE 18,492 3,351 4,623 13,869 25% REPAIR/MAINTENANCE 1,800 - 546 1,254 30% MISCELLANEOUS 15,000 2,629 4,512 10,488 30% 1,734,579$ 347,757$ 376,122$ 1,358,457$ 22% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 20 of 200 17 Page 4 of 4 Title 2014 Adopted Budget 3/31/2013 Expenditures 3/31/2014 Expenditures Amount Remaining % Spent PARKS & RECREATION SALARIES 1,893,802$ 383,303$ 389,019$ 1,504,783$ 21% OVERTIME 5,000 1,717 1,431 3,569 29% BENEFITS 664,166 134,161 147,454 516,712 22% UNIFORMS 5,340 823 1,146 4,194 21% SUPPLIES 114,940 19,372 21,378 93,562 19% SMALL EQUIPMENT 43,929 - 2,796 41,133 6% PROFESSIONAL SERVICES 475,147 36,034 56,680 418,467 12% COMMUNICATIONS 28,818 1,537 1,330 27,488 5% TRAVEL 4,545 12 - 4,545 0% ADVERTISING 4,300 398 2,797 1,503 65% RENTAL/LEASE 170,019 38,209 43,235 126,784 25% PUBLIC UTILITY 175,000 36,817 27,456 147,544 16% REPAIR/MAINTENANCE 52,524 22,517 20,787 31,737 40% MISCELLANEOUS 87,570 12,320 12,009 75,561 14% MACHINERY/EQUIPMENT 15,721 - - 15,721 0% INTERGOVTL SERVICES 70,695 - 5,000 65,695 7% 3,811,516$ 687,221$ 732,519$ 3,078,997$ 19% PUBLIC WORKS SALARIES 250,358$ 60,063$ 62,088$ 188,270$ 25% OVERTIME 200 - - 200 0% BENEFITS 78,450 16,345 18,703 59,747 24% SUPPLIES 7,600 1,778 1,071 6,529 14% PROFESSIONAL SERVICES 200 9 10 190 5% COMMUNICATIONS 1,350 355 166 1,184 12% TRAVEL 500 - - 500 0% RENTAL/LEASE 7,740 996 1,560 6,180 20% PUBLIC UTILITY 2,800 698 701 2,099 25% REPAIR/MAINTENANCE 1,000 - - 1,000 0% MISCELLANEOUS 3,900 - 440 3,460 11% 354,098$ 80,244$ 84,738$ 269,360$ 24% FACILITIES MAINTENANCE SALARIES 624,999$ 156,749$ 156,805$ 468,194$ 25% OVERTIME 2,500 23 492 2,008 20% BENEFITS 266,668 52,647 69,624 197,044 26% UNIFORMS 2,500 364 1,470 1,030 59% SUPPLIES 87,000 6,563 16,771 70,229 19% SMALL EQUIPMENT 3,000 326 1,493 1,507 50% PROFESSIONAL SERVICES - - 210 (210) 0% COMMUNICATIONS 13,500 3,139 3,588 9,912 27% RENTAL/LEASE 50,060 11,235 12,390 37,670 25% PUBLIC UTILITY 280,000 76,253 82,712 197,288 30% REPAIR/MAINTENANCE 73,500 12,384 17,089 56,411 23% MISCELLANEOUS 2,100 728 1,064 1,036 51% 1,405,827$ 320,411$ 363,708$ 1,042,119$ 26% TOTAL GENERAL FUND EXPENDITURES 41,017,923$ 9,554,193$ 9,514,450$ 31,503,473$ 23% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 21 of 200 18 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 1,922,341$ 1,922,341$ 1,704,062$ -11.35% February 4,013,965 2,091,624 6,617,557 64.86% March 6,283,590 2,269,626 8,899,880 41.64% April 9,625,539 3,341,949 13,633,311 41.64% May 18,184,894 8,559,355 25,756,512 41.64% June 20,096,577 1,911,683 28,464,159 41.64% July 22,322,038 2,225,461 31,616,232 41.64% August 24,269,126 1,947,088 34,374,027 41.64% September 26,177,374 1,908,248 37,076,809 41.64% October 29,315,875 3,138,501 41,522,083 41.64% November 37,024,188 7,708,313 52,439,895 41.64% December 39,005,697 1,981,509 55,246,442 41.64% *The difference between budget and actual shown is due to proceeds from refunding the 2003 UTGO Bonds. Proceeds were $2.8 million. Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 74,651$ 74,651$ 92,868$ 24.40% February 120,737 46,087 149,163 23.54% March 181,397 60,660 204,533 12.75% April 256,711 75,314 289,452 12.75% May 323,837 67,125 365,139 12.75% June 398,387 74,550 449,198 12.75% July 483,191 84,805 544,818 12.75% August 578,011 94,819 651,731 12.75% September 666,060 88,049 751,010 12.75% October 768,001 101,941 865,952 12.75% November 837,495 69,494 944,310 12.75% December 902,243 64,748 1,017,316 12.75% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Revenue Summary-General Fund 2014 City of Edmonds, WA Monthly Revenue Summary-Real Estate Excise Tax 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Real Estate Excise Tax Current Year Budget Prior Year 0 8,000,000 16,000,000 24,000,000 32,000,000 40,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year Packet Page 22 of 200 19 ($20,000)$0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 $200,000 $220,000 Clothing and Accessories Accommodation Automotive Repair Health & Personal Care Communications Amusement & Recreation Retail Food Stores Wholesale Trade Misc Retail Trade Business Services Others Retail Eating & Drinking Contractors Retail Automotive/Gas Total ($5,023) $494 $616 $688 $1,045 $2,267 $3,868 $6,237 $7,848 $8,815 $9,454 $16,014 $27,343 $132,044 $211,709 Change in Sales Tax Revenue: First Quarter 2014 compared to First Quarter 2013 Retail Eating & Drinking 168,559 Contractors 193,452 Wholesale Trade 61,947 Communications 54,303 Misc Retail Trade 182,423 Accommodation 7,584 Business Services 107,829 Health & Personal Care 24,034 Automotive Repair 38,221 Amusement & Recreation 18,313 Retail Food Stores 64,394 Others 71,490 Retail Automotive/Gas 425,952 Clothing and Accessories 59,101 Sales Tax Analysis By Category Current Period: March 2014 Year-to-Date Total $1,477,603 Packet Page 23 of 200 20 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 428,831$ 428,831$ 444,169$ 3.58% February 963,323 534,493 998,510 3.65% March 1,363,952 400,629 1,477,603 8.33% April 1,763,418 399,466 1,910,354 8.33% May 2,251,403 487,985 2,439,000 8.33% June 2,687,897 436,495 2,911,865 8.33% July 3,127,170 439,272 3,387,740 8.33% August 3,623,461 496,291 3,925,385 8.33% September 4,086,398 462,937 4,426,895 8.33% October 4,563,331 476,933 4,943,569 8.33% November 5,078,747 515,416 5,501,931 8.33% December 5,525,609 446,862 5,986,028 8.33% Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 113,876$ 113,876$ 103,199$ -9.38% February 239,319 125,442 198,165 -17.20% March 342,980 103,661 298,299 -13.03% April 436,459 93,479 379,600 -13.03% May 512,262 75,803 445,528 -13.03% June 565,759 53,498 492,056 -13.03% July 607,696 41,937 528,530 -13.03% August 638,725 31,029 555,517 -13.03% September 666,716 27,990 579,861 -13.03% October 696,005 29,289 605,335 -13.03% November 746,459 50,453 649,215 -13.03% December 819,286 72,827 712,555 -13.03% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Revenue Summary-Sales and Use Tax 2014 City of Edmonds, WA Monthly Revenue Summary-Gas Utility Tax 0 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 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Gas Utility Tax Current Year Budget Prior Year Packet Page 24 of 200 21 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 126,925$ 126,925$ 120,158$ -5.33% February 249,682 122,757 248,366 -0.53% March 386,065 136,384 359,490 -6.88% April 499,602 113,536 465,211 -6.88% May 645,057 145,456 600,653 -6.88% June 768,223 123,165 715,340 -6.88% July 895,235 127,013 833,610 -6.88% August 1,037,189 141,953 965,792 -6.88% September 1,143,101 105,912 1,064,413 -6.88% October 1,286,698 143,597 1,198,125 -6.88% November 1,381,314 94,616 1,286,228 -6.88% December 1,544,793 163,479 1,438,454 -6.88% Electric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 158,918$ 158,918$ 175,072$ 10.16% February 320,172 161,254 352,390 10.06% March 475,954 155,782 534,485 12.30% April 631,990 156,035 709,709 12.30% May 774,898 142,908 870,190 12.30% June 885,438 110,541 994,325 12.30% July 991,385 105,947 1,113,301 12.30% August 1,087,004 95,619 1,220,679 12.30% September 1,187,503 100,499 1,333,536 12.30% October 1,274,792 87,289 1,431,560 12.30% November 1,383,012 108,220 1,553,088 12.30% December 1,490,394 107,382 1,673,675 12.30% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Revenue Summary-Telephone Utility Tax 2014 City of Edmonds, WA Monthly Revenue Summary-Electric Utility Tax 0 200,000 400,000 600,000 800,000 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 0 200,000 400,000 600,000 800,000 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 Electric Utility Tax Current Year Budget Prior Year Packet Page 25 of 200 22 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 429,754$ 429,754$ 489,005$ 13.79% February 729,586 299,832 828,145 13.51% March 1,147,622 418,036 1,294,140 12.77% April 1,435,683 288,061 1,618,978 12.77% May 1,858,183 422,500 2,095,418 12.77% June 2,169,885 311,702 2,446,915 12.77% July 2,657,881 487,996 2,997,214 12.77% August 3,086,188 428,307 3,480,204 12.77% September 3,680,575 594,387 4,150,476 12.77% October 4,108,457 427,882 4,632,986 12.77% November 4,610,786 502,330 5,199,448 12.77% December 4,924,500 313,714 5,553,214 12.77% Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 210,362$ 210,362$ 216,037$ 10.16% February 663,443 453,081 680,744 10.06% March 874,097 210,654 896,910 12.30% April 1,061,161 187,064 1,088,856 12.30% May 1,272,188 211,026 1,305,390 12.30% June 1,459,452 187,265 1,497,542 12.30% July 1,671,872 212,419 1,715,506 2.61% August 2,138,683 466,812 2,194,501 2.61% September 2,356,833 218,149 2,418,343 2.61% October 2,549,604 192,771 2,616,146 2.61% November 2,766,495 216,890 2,838,697 2.61% December 2,959,725 193,230 3,036,970 2.61% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Revenue Summary-Meter Water Sales 2014 City of Edmonds, WA Monthly Revenue Summary-Storm Water Sales 0 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 0 1,000,000 2,000,000 3,000,000 4,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Storm Water Sales Current Year Budget Prior Year Packet Page 26 of 200 23 Unmeter Sewer Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 434,795$ 434,795$ 479,087$ 10.19% February 786,497 351,702 860,724 9.44% March 1,218,216 431,719 1,335,216 9.60% April 1,568,380 350,165 1,719,011 9.60% May 2,004,398 436,018 2,196,905 9.60% June 2,358,600 354,202 2,585,126 9.60% July 2,803,274 444,674 3,072,507 9.60% August 3,161,173 357,899 3,464,779 9.60% September 3,614,263 453,090 3,961,384 9.60% October 3,973,096 358,833 4,354,680 9.60% November 4,416,998 443,903 4,841,216 9.60% December 4,773,750 356,752 5,232,231 9.60% City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2014 *The monthly budget forecast columns are based on a five-year average. 0 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 Unmeter Sewer Sales Current Year Budget Prior Year Packet Page 27 of 200 24 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 4,323,477$ 4,323,477$ 4,116,199$ -4.79% February 7,241,054 2,917,577 5,980,774 -17.40% March 10,327,699 3,086,645 9,514,450 -7.87% April 13,984,047 3,656,348 12,882,881 -7.87% May 16,321,972 2,337,925 15,036,707 -7.87% June 20,090,914 3,768,942 18,508,867 -7.87% July 23,791,643 3,700,729 21,918,184 -7.87% August 26,718,400 2,926,757 24,614,475 -7.87% September 30,539,111 3,820,711 28,134,326 -7.87% October 33,259,023 2,719,912 30,640,060 -7.87% November 36,285,678 3,026,655 33,428,383 -7.87% December 41,017,923 4,732,245 37,787,990 -7.87% Non-Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 3,068,401$ 3,068,401$ 2,396,214$ -21.91% February 3,846,233 777,832 2,563,640 -33.35% March 4,950,102 1,103,869 4,388,210 -11.35% April 6,682,580 1,732,478 5,924,032 -11.35% May 6,906,919 224,339 6,122,906 -11.35% June 9,057,540 2,150,621 8,029,408 -11.35% July 10,731,894 1,674,353 9,513,703 -11.35% August 11,362,211 630,317 10,072,472 -11.35% September 13,308,539 1,946,329 11,797,870 -11.35% October 13,878,772 570,233 12,303,375 -11.35% November 14,484,996 606,224 12,840,786 -11.35% December 17,816,558 3,331,562 15,794,178 -11.35% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-General Fund 2014 City of Edmonds, WA Monthly Expenditure Report-Non-Departmental 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year 0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 18,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Non-Departmental Current Year Budget Prior Year Packet Page 28 of 200 25 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 17,436$ 17,436$ 14,710$ -15.64% February 37,196 19,760 29,242 -21.38% March 56,930 19,734 46,539 -18.25% April 74,661 17,731 61,033 -18.25% May 91,717 17,056 74,976 -18.25% June 111,368 19,651 91,040 -18.25% July 133,849 22,481 109,418 -18.25% August 154,203 20,355 126,057 -18.25% September 171,728 17,524 140,383 -18.25% October 193,996 22,268 158,587 -18.25% November 214,250 20,254 175,144 -18.25% December 238,644 24,394 195,085 -18.25% Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 21,493$ 21,493$ 19,866$ -7.57% February 42,845$ 21,353$ 40,990 -4.33% March 63,933$ 21,088$ 61,132 -4.38% April 84,211$ 20,278$ 80,521 -4.38% May 104,565$ 20,354$ 99,983 -4.38% June 125,279$ 20,714$ 119,789 -4.38% July 146,686$ 21,408$ 140,258 -4.38% August 167,273$ 20,586$ 159,942 -4.38% September 187,312$ 20,039$ 179,103 -4.38% October 209,955$ 22,643$ 200,754 -4.38% November 231,093$ 21,138$ 220,966 -4.38% December 251,085$ 19,992$ 240,082 -4.38% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-City Council 2014 City of Edmonds, WA Monthly Expenditure Report-Office of Mayor 0 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 0 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 29 of 200 26 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 25,798$ 25,798$ 27,275$ 5.72% February 52,555 26,756 60,853 15.79% March 84,843 32,288 88,106 3.85% April 114,019 29,176 118,404 3.85% May 143,795 29,775 149,325 3.85% June 171,136 27,342 177,718 3.85% July 199,812 28,676 207,497 3.85% August 225,905 26,093 234,594 3.85% September 257,927 32,022 267,848 3.85% October 285,341 27,413 296,315 3.85% November 310,098 24,757 322,024 3.85% December 349,938 39,840 363,397 3.85% Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 59,240$ 59,240$ 58,367$ -1.47% February 125,452 66,212 116,841 -6.86% March 193,525 68,074 198,204 2.42% April 262,436 68,911 268,781 2.42% May 327,513 65,077 335,431 2.42% June 396,410 68,897 405,994 2.42% July 459,812 63,402 470,929 2.42% August 527,281 67,468 540,028 2.42% September 590,660 63,379 604,940 2.42% October 658,527 67,868 674,448 2.42% November 725,443 66,915 742,981 2.42% December 801,872 76,429 821,258 2.42% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Human Resources 2014 City of Edmonds, WA Monthly Expenditure Report-Municipal Court 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Municipal Court Current Year Budget Prior Year 0 100,000 200,000 300,000 400,000 500,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Human Resources Current Year Budget Prior Year Packet Page 30 of 200 27 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 31,471$ 31,471$ 24,299$ -22.79% February 80,480 49,009 54,146 -32.72% March 121,436 40,956 83,578 -31.18% April 161,422 39,986 111,098 -31.18% May 203,742 42,320 140,225 -31.18% June 240,317 36,574 165,397 -31.18% July 291,509 51,193 200,630 -31.18% August 327,786 36,277 225,598 -31.18% September 366,394 38,607 252,169 -31.18% October 408,391 41,998 281,074 -31.18% November 444,482 36,090 305,913 -31.18% December 508,024 63,542 349,645 -31.18% City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 39,751$ 39,751$ 40,227$ 1.20% February 81,417 41,666 85,455 4.96% March 128,867 47,450 127,044 -1.41% April 170,636 41,769 168,222 -1.41% May 217,171 46,535 214,099 -1.41% June 257,997 40,826 254,347 -1.41% July 303,101 45,105 298,813 -1.41% August 347,896 44,795 342,975 -1.41% September 395,264 47,368 389,672 -1.41% October 442,040 46,776 435,786 -1.41% November 489,440 47,400 482,516 -1.41% December 537,273 47,833 529,672 -1.41% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Community Services/Economic Development 2014 City of Edmonds, WA Monthly Expenditure Report-City Clerk 0 100,000 200,000 300,000 400,000 500,000 600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Clerk Current Year Budget Prior Year 0 100,000 200,000 300,000 400,000 500,000 600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Community Services/Economic Development Current Year Budget Prior Year Packet Page 31 of 200 28 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 64,335$ 64,335$ 58,589$ -8.93% February 144,552 80,218 139,016 -3.83% March 210,044 65,492 181,347 -13.66% April 270,577 60,533 233,609 -13.66% May 331,379 60,802 286,104 -13.66% June 386,283 54,904 333,506 -13.66% July 435,056 48,773 375,616 -13.66% August 479,932 44,876 414,360 -13.66% September 532,834 52,903 460,035 -13.66% October 596,181 63,346 514,727 -13.66% November 674,806 78,626 582,610 -13.66% December 836,856 162,050 722,519 -13.66% Finance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 76,488$ 76,488$ 130,464$ 70.57% February 146,752 70,263 153,899 4.87% March 212,713 65,961 209,473 -1.52% April 274,608 61,895 270,426 -1.52% May 335,512 60,905 330,403 -1.52% June 406,136 70,624 399,952 -1.52% July 470,869 64,733 463,698 -1.52% August 528,622 57,753 520,572 -1.52% September 592,790 64,168 583,763 -1.52% October 665,109 72,319 654,981 -1.52% November 735,415 70,306 724,216 -1.52% December 808,429 73,014 796,118 -1.52% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Information Services 2014 City of Edmonds, WA Monthly Expenditure Report-Finance 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Information Services Current Year Budget Prior Year 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Finance Current Year Budget Prior Year Packet Page 32 of 200 29 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 46,075$ 46,075$ 32,000$ -30.55% February 92,150 46,075 91,366 -0.85% March 138,225 46,075 123,381 -10.74% April 184,300 46,075 164,507 -10.74% May 230,375 46,075 205,634 -10.74% June 276,450 46,075 246,761 -10.74% July 322,525 46,075 287,888 -10.74% August 368,600 46,075 329,015 -10.74% September 414,675 46,075 370,142 -10.74% October 460,750 46,075 411,269 -10.74% November 506,825 46,075 452,396 -10.74% December 552,900 46,075 493,522 -10.74% Police Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 694,934$ 694,934$ 681,573$ -1.92% February 1,396,727 701,792 1,369,842 -1.92% March 2,108,550 711,824 2,062,997 -2.16% April 2,804,359 695,808 2,743,773 -2.16% May 3,483,663 679,305 3,408,401 -2.16% June 4,223,782 740,119 4,132,531 -2.16% July 4,932,717 708,934 4,826,149 -2.16% August 5,641,058 708,341 5,519,187 -2.16% September 6,384,074 743,016 6,246,151 -2.16% October 7,087,171 703,097 6,934,058 -2.16% November 8,045,281 958,110 7,871,469 -2.16% December 8,824,364 779,083 8,633,720 -2.16% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-City Attorney 2014 City of Edmonds, WA Monthly Expenditure Report-Police 0 100,000 200,000 300,000 400,000 500,000 600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Attorney Current Year Budget Prior Year 0 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 33 of 200 30 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 179,731$ 179,731$ 126,887$ -29.40% February 358,977 179,246 257,352 -28.31% March 560,541 201,563 387,354 -30.90% April 736,099 175,558 508,671 -30.90% May 910,009 173,910 628,849 -30.90% June 1,078,220 168,211 745,089 -30.90% July 1,254,294 176,074 866,762 -30.90% August 1,440,601 186,307 995,507 -30.90% September 1,621,328 180,727 1,120,396 -30.90% October 1,816,254 194,926 1,255,097 -30.90% November 1,997,513 181,259 1,380,353 -30.90% December 2,185,960 188,447 1,510,577 -30.90% Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 243,789$ 243,789$ 237,608$ -2.54% February 511,969 268,181 486,587 -4.96% March 798,363 286,393 732,519 -8.25% April 1,075,752 277,389 987,031 -8.25% May 1,366,907 291,155 1,254,173 -8.25% June 1,710,422 343,515 1,569,357 -8.25% July 2,149,079 438,657 1,971,836 -8.25% August 2,584,204 435,125 2,371,075 -8.25% September 2,912,856 328,652 2,672,622 -8.25% October 3,200,535 287,679 2,936,575 -8.25% November 3,464,074 263,539 3,178,378 -8.25% December 3,811,516 347,442 3,497,166 -8.25% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Development Services 2014 City of Edmonds, WA Monthly Expenditure Report-Parks & Recreation 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Parks & Recreation Current Year Budget Prior Year 0 400,000 800,000 1,200,000 1,600,000 2,000,000 2,400,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Development Services Current Year Budget Prior Year Packet Page 34 of 200 31 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 29,205$ 29,205$ 27,811$ -4.77% February 57,374 28,169 55,607 -3.08% March 85,998 28,624 84,738 -1.47% April 113,676 27,678 112,010 -1.47% May 142,297 28,621 140,211 -1.47% June 171,373 29,077 168,862 -1.47% July 210,538 39,164 207,452 -1.47% August 238,755 28,217 235,255 -1.47% September 266,891 28,136 262,979 -1.47% October 296,178 29,287 291,837 -1.47% November 322,670 26,492 317,940 -1.47% December 354,098 31,428 348,908 -1.47% Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 109,761$ 109,761$ 118,162$ 7.65% February 228,319 118,558 229,255 0.41% March 356,501 128,182 363,708 2.02% April 468,975 112,475 478,457 2.02% May 583,345 114,370 595,140 2.02% June 696,280 112,934 710,357 2.02% July 809,237 112,957 825,598 2.02% August 918,038 108,802 936,599 2.02% September 1,038,936 120,897 1,059,941 2.02% October 1,145,093 106,158 1,168,245 2.02% November 1,265,760 120,666 1,291,351 2.02% December 1,405,827 140,067 1,434,250 2.02% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Public Works 2014 City of Edmonds, WA Monthly Expenditure Report-Facilities Maintenance 0 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 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Facilities Maintenance Current Year Budget Prior Year Packet Page 35 of 200 32 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 145,346$ 145,346$ 122,149$ -15.96% February 292,949 147,603 246,682 -15.79% March 437,616 144,667 376,122 -14.05% April 582,646 145,030 500,773 -14.05% May 725,109 142,463 623,217 -14.05% June 866,319 141,210 744,584 -14.05% July 1,007,948 141,630 866,312 -14.05% August 1,150,544 142,595 988,870 -14.05% September 1,298,303 147,759 1,115,866 -14.05% October 1,452,811 154,508 1,248,662 -14.05% November 1,596,130 143,319 1,371,842 -14.05% December 1,734,579 138,449 1,490,836 -14.05% *The monthly budget forecast columns are based on a five-year average. City of Edmonds, WA Monthly Expenditure Report-Engineering 2014 0 200,000 400,000 600,000 800,000 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 Engineering Current Year Budget Prior Year Packet Page 36 of 200 33 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 28,207,903$ Various 0.11% 0.068% Snohomish County Investment Pool Investment Pool Various 10,011,363$ Various 0.75% 0.159% 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 6/28/2014 **0.90% 0.019% FHLMC Bonds 54 12/27/2012 1,000,000 6/27/2014 **0.75% 0.016% FFCB Bonds 45 12/19/2012 1,000,000 4/20/2014 **0.54% 0.011% US Bank Checking Account Checking 5,245,418 TOTAL 46,964,684$ 0.28%0.280% Investment Mix % of Total State Investment Pool 60.1% Current 6-month treasury rate 0.07% Certificate of Deposit 1.1% Current State Pool rate 0.11% Bonds 6.4% Blended Edmonds rate 0.28% 67.5% (a) To maturity. Summary City of Edmonds Investment Portfolio Summary As of March 31, 2014 Packet Page 37 of 200 34 GENERAL FUND OVERVIEW 12/31/2013 1/31/2014 3/31/2014 Q1 YTD 001-General Fund 6,834,380$ 2,017,560$ 6,219,809$ (614,570)$ (614,570)$ 009-Leoff-Medical Ins. Reserve 440,744 411,088 341,370 (99,375) (99,375) 011-Risk Management Fund 387,195 387,195 387,195 - - 012 - Contingency Reserve Fund 5,376,796 5,412,434 5,383,161 6,365 6,365 013-Mulitmodal Transportation FD 55,859 55,859 55,859 - - 014-Historic Preservation Gift Fund 1,061 1,062 1,063 1 1 016-Building Maintenance 64,762 64,762 239,736 174,974 174,974 Total General Fund 13,160,798$ 8,349,961$ 12,628,193$ (532,605)$ (532,605)$ GENERAL FUND FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $13.16 $8.35 $12.63 - 2 4 6 8 10 12 14 16 Dec 2013 Jan 2014 March 2014 Mi l l i o n s Series1 General Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 38 of 200 35 GOVERNMENTAL FUNDS OVERVIEW 12/31/2013 1/31/2014 3/31/2014 Q1 YTD General Fund 13,160,798$ 8,349,961$ 12,628,193$ (532,605)$ (532,605)$ Special Revenue 5,373,320 4,191,233 6,538,493 1,165,173 1,165,173 Debt Service 57,162 57,177 58,616 1,455 1,455 Total Governmental Funds 18,591,280$ 12,598,371$ 19,225,302$ 634,022$ 634,022$ CHANGE IN FUND BALANCESGOVERNMENTAL FUNDS FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $13.16 $8.35 $12.63 $5.37 $4.19 $6.54 $0.06 $0.06 $0.06 - 2 4 6 8 10 12 14 16 Dec 2013 Jan 2014 March 2014 Mi l l i o n s General Fund Special Revenue Debt Service Governmental Fund Balances-By Fund GroupGovernmental Fund Balances-By Fund Group $18.59 $12.60 $19.23 - 6 12 18 24 Dec 2013 Jan 2014 March 2014 Mi l l i o n s Governmental Fund Balances -Combined *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 39 of 200 36 SPECIAL REVENUE FUNDS OVERVIEW 12/31/2013 1/31/2014 3/31/2014 Q1 YTD 104 - Drug Enforcement Fund 91,432$ 106,527$ 107,335$ 15,903$ 15,903$ 111 - Street Fund 215,199 57,757 172,100 (43,099) (43,099) 112 - Combined Street Const/Improve 481,154 (694,906) 1,231,656 750,502 750,502 117 - Municipal Arts Acquis. Fund 431,932 431,482 434,075 2,143 2,143 118 - Memorial Street Tree 17,703 17,708 17,720 17 17 120 - Hotel/Motel Tax Revenue Fund 106,735 102,256 120,009 13,274 13,274 121 - Employee Parking Permit Fund 61,719 69,991 70,387 8,668 8,668 122 - Youth Scholarship Fund 13,858 13,595 13,413 (445) (445) 123 - Tourism Promotional Fund/Arts 70,428 68,985 74,409 3,980 3,980 125 - Real Estate Tax 2 1,101,453 1,191,607 1,259,770 158,317 158,317 126 - Real Estate Excise Tax 1 760,452 760,452 962,485 202,033 202,033 127 - Gifts Catalog Fund 225,677 236,918 245,477 19,800 19,800 129 - Special Projects Fund 15,289 15,289 39,717 24,428 24,428 130 - Cemetery Maintenance/Improvement 70,202 75,326 72,688 2,486 2,486 132 - Parks Construction Fund 718,446 747,593 721,279 2,834 2,834 136 - Parks Trust Fund 150,334 150,383 150,481 147 147 137 - Cemetery Maintenance Trust Fund 839,291 837,982 843,747 4,456 4,456 138 - Sister City Commission 2,014 2,289 1,743 (272) (272) Total Special Revenue 5,373,320$ 4,191,233$ 6,538,493$ 1,165,173$ 1,165,173$ GOVERNMENTAL Special Revenue FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $5.37 $4.19 $6.54 - 1 2 3 4 5 6 7 8 Dec 2013 Jan 2014 March 2014 Mi l l i o n s Special Revenue Special Revenue Funds *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 40 of 200 37 ENTERPRISE FUNDS OVERVIEW 12/31/2013 1/31/2014 3/31/2014 Q1 YTD 421 - Water Utility Fund 15,482,784$ 12,688,945$ 15,734,903$ 252,119$ 252,119$ 422 - Storm Utility Fund 9,286,862 8,077,117 9,748,394 461,532 461,532 423 - Sewer/WWTP Utility Fund 43,594,080 36,918,346 43,997,013 402,932 402,932 424 - Bond Reserve Fund 843,959 843,959 843,959 - - 411 - Combined Utility Operation - 20,108 69,199 69,199 69,199 Total Enterprise Funds 69,207,685$ 58,548,475$ 70,393,467$ 1,185,782$ 1,185,782$ ENTERPRISE FUNDS FUND BALANCES CHANGE IN FUND ---- ACTUAL -------- ACTUAL ---- $69,199 $15,734,903 $9,748,394 $43,997,013 $843,959 $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 Combined Utility Water Utility Storm Utility Sewer/WWTP Utility Bond Reserve Enterprise Fund Balances as of March 31, 2014 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 41 of 200 38 SUMMARY OVERVIEW 12/31/2013 1/31/2014 3/31/2014 Q1 YTD Governmental Funds 18,591,280$ 12,598,371$ 19,225,302$ 634,022$ 634,022$ Enterprise Funds 69,207,685 58,548,475 70,393,467 1,185,782 1,185,782 Internal Services Fund 6,946,389 6,842,861 7,107,793 161,404 161,404 Agency Funds 247,178 263,263 252,032 4,854 4,854 Total City-wide Total 94,992,532$ 78,252,970$ 96,978,594$ 1,986,062$ 1,986,062$ CITY-WIDE FUND BALANCES ---- ACTUAL ---- CHANGE IN FUND BALANCES ---- ACTUAL ---- $77,900 $174,132 $7,107,793 $496 $47,968 $10,152 $1,743 $843,747 $150,481 $721,279 $72,688 $39,717 $245,477 $962,485 $1,259,770 $74,409 $13,413 $70,387 $120,009 $17,720 $434,075 $1,231,656 $172,100 $107,335 $12,628,193 $1 $2,000,000 Business Improvement District Firemen's Pension Fund Equipment Rental Fund 2012 LTGO Debt Service Fund L.I.D. Guaranty Fund L.I.D. Fund Control Sister City Commission Cemetery Maintenance Trust Fund Parks Trust Fund Parks Construction Fund Cemetery Maintenance/Improvement Special Projects Fund Gifts Catalog Fund Real Estate Excise Tax 1, Parks Acq Real Estate Excise Tax 2 Tourism Promotional Fund/Arts Youth Scholarship Fund Employee Parking Permit Fund Hotel/Motel Tax Revenue Fund Memorial Street Fund Municipal Arts Acquis. Fund Combined Street Const/Improve Street Fund Drug Enforcement Fund General Fund Governmental Fund Balances as of March 31, 2014 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 42 of 200 39 INTERNAL SERVICE FUNDS OVERVIEW 12/31/2013 1/31/2014 3/31/2014 Q1 YTD 511 - Equipment Rental Fund 6,946,389$ 6,842,861$ 7,107,793$ 161,404$ 161,404$ Total Internal Service Funds 6,946,389$ 6,842,861$ 7,107,793$ 161,404$ 161,404$ INTERNAL SERVICE FUNDS FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $6.95 $6.84 $7.11 - 2 4 6 8 Dec 2013 Jan 2014 March 2014 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. The beginning fund balances for 2014 are preliminary, these will be updated after the completion of the 2013 Financial Statements. Packet Page 43 of 200    AM-6850     2. B.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted By:Rob Chave Department:Planning Committee: Finance Type: Information Information Subject Title Update on funds for Historic Preservation Calendar Recommendation Update the full Council on the status of the Historic Preservation Calendar project. Previous Council Action The Council amended the 2014 budget to add funding for printing a 2015 historic preservation calendar ($5,000). Narrative When the 2014 budget was approved by Council, an amendment was included to fund a 2015 Historic Preservation Calendar (similar to past years' efforts). The understanding was that the $5,000 allocated by Council would be reimbursed by a state grant if that was obtained. During discussions by staff earlier this year with the State Office of Archaeology and Historic Preservation, it was determined that a grant application for another calendar would not be successful, given the limited funds available and the state's other priorities. Therefore, the City's Historic Preservation Commission would like to advise the Council of the inability of the Commission to obtain grant funding and seek the Council's permission to move forward with the funding provided by the Council in the 2014 budget without the expectation of any grant money being received.  Form Review Inbox Reviewed By Date City Clerk Scott Passey 05/09/2014 08:00 AM Mayor Dave Earling 05/09/2014 09:08 AM Finalize for Agenda Scott Passey 05/09/2014 09:20 AM Form Started By: Rob Chave Started On: 05/08/2014 06:56 PM Final Approval Date: 05/09/2014  Packet Page 44 of 200    AM-6849     2. C.              City Council Committee Meetings Meeting Date:05/13/2014 Time:10 Minutes   Submitted For:Council President Buckshnis Submitted By:Jana Spellman Department:City Council Committee: Finance Type: Information Information Subject Title Contract Renewal with Lighthouse Law Group PLLC Recommendation Previous Council Action As background for considering the renewal of the contract with Lighthouse Law Group (Lighthouse), it is appropriate to review the city’s actual expense for the City Attorney in years 2002 through 2010 (these are the years for which this information can be obtained from budgets on the city’s website). This exercise was a bit difficult as we must remember there were varying ways of reporting attorney expenses and in different categories. It should be noted that the budgeted amount during this period varied significantly from the actual expense incurred thus making the actual expense a more relevant point of comparison. The 2002-2010 City Attorney actual costs are reflected in the following table (in 2006 and 2008, the figures are italicized to indicate that they are “year-end estimates” obtained from the 2007-2008 and 2009-2010 budgets and not “actual” numbers like the other years):  2002 - $173,007 2003 - $172,193 2004 - $267,989 2005 - $299,434 2006 - $340,000 2007 - $420,259 2008 - $518,992 2009 - $476,132 2010 - $621,850 Please note again, that these numbers are actually lower than the real actual cost to the city because they do not include additional costs incurred by the city that were identified in the budget as “miscellaneous” or “labor negotiation”. The numbers above also do not include amounts for the city prosecutor as we attempted to merely reflect work performed by Odgen Murphy Wallace. During this period from 2002 through 2010, the average annual increase in the cost of the city attorney amounted to 18.7%. Comparing the 2002 cost to the 2006 cost, one finds an increase of 97% over that four-year period. Comparing the 2010 cost to the 2006 cost, one finds an increase of 83% over that four-year period. In March 2011, partly in response to this history of significant cost increases, the city retained Lighthouse to provide City Attorney services. Since then, the city has contracted with Lighthouse under a flat fee of $32,000 per month.  The Lighthouse flat fee is different than the retainer arrangement that many other cities use to contract for city attorney services. Under a retainer, the city commits to a certain minimum amount per month in exchange for a fixed quantity of hours. But if that quantity of hours is exceeded, the city would pay more than the retainer, often at a higher hourly rate (i.e. Lynnwood’s contract for city attorney services uses this method and I believe OMW had the same arrangement with the City of Edmonds for its years of service).  In contrast to the retainer described above, the City pays Lighthouse a “flat fee” or the same amount of money each month regardless of how much work is performed by Lighthouse. There is no scenario where Lighthouse can charge more than the amount of the flat fee, except to be reimbursed for costs incurred by Lighthouse on behalf of the city (e.g. filing fees, etc.). Lighthouse is obligated to perform most of the City’s civil work, including litigation not covered by WCIA, under this flat fee Packet Page 45 of 200 Lighthouse is obligated to perform most of the City’s civil work, including litigation not covered by WCIA, under this flat fee arrangement with some exceptions that are set forth in the contract. The City, of course, has and does retain discretion to hire other law firms, if desired, to address special circumstances such as closed record reviews.  Over the last two years, Lighthouse has worked an average of 3153 hours per year on behalf of Edmonds. That equates to an average hourly rate of $128 per hour. By way of comparison, in 2011 when the city last issued an RFP for city attorney services, the hourly rates proposed by the three other firms chosen to interview with the city council were as follows: $175 per hour (for Gary McLean); $180 to $225 (for OMW, the lower rate being for associates); $160-$180 (for Weed Graafstra). OMW proposed a fixed fee in 2011 of $37,500 per month, but their fixed fee did not include any litigation and only covered two council meetings and two staff meetings per month. When it proposed the flat fee in 2011, Lighthouse intended that the amount of the flat fee would be renegotiated for each year of its four-year contracts with the city. For various reasons, the contract that was ultimately executed and stated that the fee could not be increased until after December 31, 2014. So, the rate has not increased since it was established in March 2011. Narrative The Proposal: For 2015, Lighthouse is proposing a flat fee of $41,000 per month or $492,000 per year. This is still less than the average actual City Attorney cost for years 2008 through 2010 when the city contracted with another firm. If one were to equate this increase to a series of equal annual increases, it would amount to four consecutive increases of 6.4%, as compared to the average annual increase of 18.7% from 2002 through 2010. The proposed 2015 flat fee is a 28% increase over the current flat fee approved in 2011. Lighthouse is proposing that the $41,000 flat fee for 2015 would be increased by 4% each year for 2016, 2017, and 2018. Comparison to Hourly Rates: If one were to analyze the proposed 2015 flat fee on an hourly basis (assuming the same average 3153 hours worked over the last two years) it equates to an hourly rate of $156 per hour. This compares favorably to the hourly rates charged by two other municipal law firms that currently serve as city attorney to the cities of Issaquah and Lynnwood. Lynnwood pays its city attorney according to the following rates: for members - $175 for the first 70 hours per month, then $210 for additional hours; for associates $160-$165 per hour. Issaquah pays its city attorney $247 per hour for members and $190 per hour for associates. The Lynnwood and Issaquah rates above were established for use in 2013. It is not known at this time what those firms will charge in 2015. Comparison to Total Civil Legal Budgets of Other Cities: It would be appropriate to inquire how the proposed total City Attorney annual budget ($492,000) compares to those of other similar cities. But this inquiry would be difficult and time-consuming to perform and may still not yield an “apples to apples” comparison for the following reasons: • City attorney costs are not always reflected in the city attorney line item of the budget. For example, Edmonds has frequently, but not consistently, allocated a portion of the city attorney’s budget to the city council budget. This occurred in years 2007 through 2013, but not 2004 through 2006 and not in 2014. Other cities sometimes allocate legal fees incurred by the city to the budget for a significant capital project. Because the various places where the legal fees of a given jurisdiction would appear may not be readily apparent in that jurisdiction’s budget, one cannot have a high level of confidence that the city attorney line item is fully inclusive of all legal fees. • Some cities (e.g. Lynnwood) include the cost of public defense in the legal budget, others do not. • Because all cities adopt their budgets toward the end of the year, any budget-based analysis will usually be one year off because one is forced to look at 2014 numbers when budgeting for 2015. • For cities with in-house legal departments, it may not always be readily apparent from the budget which employees are working on the civil side, which employees are working on the criminal side, and which employees are working both civil and criminal concurrently. • Of course, there is the question of which cities to use as comparable cities in such an exercise and what factors are the most relevant in determining which cities are the most comparable from the standpoint of city attorney expense.  o It is overly simplistic to assume, for example, that legal fees will increase on a per capita basis with population.  o WCIA places cities into actuarial groups based on the number of worker hours that a city has in a year. So, worker hours may be another valid data point for comparison. Note that worker hours and population do not move in lock step. WCIA’s actuarial group 4 (over $400,000 worker hours) includes cities with populations as low as 19,120 (Port Angeles) to as high as Packet Page 46 of 200 95,540 (Renton). WCIA’s actuarial group 3 (200,000 to 400,000 worker hours) includes cities with populations as low as 9,290 (Fife) and as high as 53,670 (Shoreline). o Another factor that might not be as obvious is percentage of voter turnout. A compelling argument can be made that a politically engaged local citizenry will generate more legal work than a citizenry that is not engaged. This is because an engaged citizenry is paying attention to their local government and asking questions of their government officials, many of which are legal in nature and generate work for the city attorney. In 2013, the City of Edmonds had a voter turnout of 52.14% according to a December 2, 2013 article in the Herald. By comparison, the cities of Lynnwood and Mountlake Terrace had voter turnouts of 42.06% and 41.16% according to the same article. The city of Shoreline had a voter turnout of 45.3%. And the statewide turnout was 45.27%. From these figures one can surmise that Edmonds has one of the highest voter turnouts of any similarly-sized city in the state. The above analysis suggests that it may be more relevant to compare Edmonds present legal fees to Edmonds past legal fees than it is to compare Edmonds present legal fees to the present legal fees of some number of “comparable” cities. With that caveat, the attached table provides some data from other cities. See Attachment 1. The Lighthouse year-end reports for 2012 and 2013 have also been included for your review. To date, there has been no incidents provided to Council regarding the performance of Lighthouse and while this has been a “rookie” contract for them and minor complaints may have occurred, the flat rate structure is very attractive from a budgeting and planning perspective.  Attachments Attachment 1 - Table Comparing Total Legal Budgets of Various Cities Attachment 2 - Lighthouse Year End Report Attachment 3 - Mayor memo legal counsel Form Review Inbox Reviewed By Date City Clerk Scott Passey 05/08/2014 12:31 PM Mayor Dave Earling 05/09/2014 09:09 AM Finalize for Agenda Scott Passey 05/09/2014 09:20 AM Form Started By: Jana Spellman Started On: 05/08/2014 12:04 PM Final Approval Date: 05/09/2014  Packet Page 47 of 200 Packet Page 48 of 200 Lighthouse Law Group PLLC Annual Report to Edmonds City Council 1) Pending Litigation Being Handled by Lighthouse a) Six pending cases i) Three that we inherited (Precision Earthworks, Locke, Meiers) ii) Two where the facts arose while we were city attorney iii) One where seemingly every city in Washington has been sued for the same relief (New Cingular) b) Precision Earthworks v. City of Edmonds i) Dispute over construction contract ii) Mediation effort only partially successful – paid $139,100 in a change order on tonight’s consent agenda to settle the Kulchin claim iii) That claim had been in the amount of roughly $253,000 plus interest c) Locke v. City of Edmonds i) Dispute over a driveway that connects the Locke property to Pine Street (1) Other tangential issues ii) Case has been pending since 2005 iii) Working cooperatively to resolve at least some of the issues iv) Optimistic that at least some of the issues will be amicably resolved d) Olson v. City of Edmonds i) LUPA matter involving a final plat approved by the City ii) Case has been on hold for a long time to allow for negotiation iii) We understand that the Olsons and the Thuesens are trying to resolve the matter out of court e) Humann v. City of Edmonds i) Two matters pending (1) Whistleblower complaint pending before the ALJ regarding whether Mayor Cooper’s termination of Ms. Humann was in retaliation for a protected whistleblower activity (a) Hearing scheduled for March 18, 2013 (2) Superior court proceeding to determine whether the City should be required to submit the City Council’s legislative budgetary action to the ALJ for review as a second act of retaliation ii) In the absence of some kind of settlement, this matter could go on for some time iii) Interesting legal issues here could lead to an appeal being taken f) New Cingular Wireless v. City of Bothell et al. i) Lawsuit seeking refund of taxes mistakenly paid by AT&T Packet Page 49 of 200 ii) City joined in a motion to dismiss to be heard by the court on Friday g) Meiers v. City of Edmonds i) Mountain beavers ii) Still on going 2) Litigation Resolved by Lighthouse During 2012 a) Cole v. City of Edmonds i) City settled late payment of wages claim for $1,900 ii) Remaining contract related claims were dismissed on our motion for summary judgment (1) No appeal taken of the summary judgment iii) EEOC investigation still on-going b) Browns Bay v. City of Edmonds i) LUPA case challenging the City’s award of a contract to do make some stormwater drainage improvements ii) Case was dismissed with prejudice this fall iii) No money paid to obtain that dismissal 3) Advisory and Transactional Work – team approach a) Patricia i) Public Records Act compliance ii) Code Enforcement (1) Mostly involving tree cutting iii) Other miscellaneous work b) Sharon i) Litigation (1) Meiers (2) Precision Earthworks ii) Labor and Employment matters (1) Rosa (2) Kathie iii) Contract review c) Mike i) Multiple Franchise Issues (1) Comcast – tonight’s agenda (2) Frontier (3) other (4) Works directly with Stephen Clifton on these matters ii) Fiber-optic service contracts Packet Page 50 of 200 d) Susan i) Advice to Planning Board re Harbor Square e) Chuck i) Presentation to Planning Board on Form-based Code f) Me i) City Council advice ii) Mayor advice iii) Land use iv) Point guard for just about everything 4) Year to Date Numbers (as of yesterday) a) 3,369 hours worked i) 482 for city council (roughly 14%, but a much higher percentage of my time) ii) well over 1150 for litigation (changed accounting recently to ensure that all litigation is being tracked separately) – well over 34%, my guess is closer to 50% b) Flat fee c) But many might be curious to know what this works out to on an hourly basis d) When divided by the fees we’ve earned to date e) Works out to an average hourly rate of just under $110 per hour 5) Questions? Packet Page 51 of 200 Packet Page 52 of 200    AM-6810     2. D.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted For:Phil Williams Submitted By:Kody McConnell Department:Public Works Committee: Finance Type: Action Information Subject Title Authorization to Contract with James G. Murphy to Sell Surplus City Vehicles and Sell a Parts Car to Pick-n-Pull Recommendation It is recommended that authorization be given to Public Works Fleet Division to contract with James G. Murphy Auctioneers to sell surplus city vehicles and sell a parts car to Pick-n-Pull. Previous Council Action N/A Narrative Previously, the city has utilized the services of James G. Murphy Auctioneers to sell surplus city vehicles and equipment. This has proven to be a cost effective method to manage surplus items.  The following vehicles: Unit # 42-PRK 1995 Ford F-350 Vin # 2FDKF37H1SCA61417 Unit # 649-POL 2008 Ford Crown Victoria Vin # 2FAHP71V38X145649 Unit # 337-POL 2008 Ford Crown Victoria Vin # 2FAHP71V18X175037 (Parts car) Unit # 70-STR 1996 Ford Super Duty Vin # 1FDLF47G5TEB27383 Fiscal Impact Fiscal Year:2014 Revenue:16,500 Expenditure: Fiscal Impact: Monies will be deposited into B-Fund Replacement Account Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/17/2014 12:03 PM Mayor Dave Earling 04/17/2014 01:27 PM Finalize for Agenda Scott Passey 04/17/2014 02:12 PM Form Started By: Kody McConnell Started On: 04/16/2014 02:14 PM Final Approval Date: 04/17/2014  Packet Page 53 of 200    AM-6845     3. A.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted By:Rob Chave Department:Planning Committee: Parks, Planning, Public Works Type: Action Information Subject Title Solarize Edmonds Project Memorandum of Understanding (MOU) Recommendation Recommend the full Council approve the Memorandum of Understanding (Exhibit 1). Previous Council Action On November 19, 2013, the City Council authorized the Mayor to send a letter of support for this grant partnership (the "Solarize Edmonds/Lynnwood Project"). See Exhibit 2. Narrative This is a proposal to enter into a Memorandum of Understanding with Northwest SEED to support a community-based project to encourage Southwest County residents to install solar arrays at their homes. Referred to in the memorandum of understanding as the "Solarize Edmonds/Lynnwood Project," the City of Edmonds would help support community meetings and outreach about the project and the permitting process, but would not be directly involved in the contractor selection or contracting. The basics of the project are described in Exhibits 2 and 3. The project is funded by a grant from Snohomish PUD, and the City potentially benefits by receiving a small grant ($10,000) if we assist with the project. Attachments Exhibit 1: Memorandum of Understanding Exhibit 2: Council agenda item from 11-19-2013 Exhibit 3: Solarize project materials Form Review Inbox Reviewed By Date City Clerk Scott Passey 05/09/2014 08:00 AM Mayor Dave Earling 05/09/2014 09:08 AM Finalize for Agenda Scott Passey 05/09/2014 09:20 AM Form Started By: Rob Chave Started On: 05/08/2014 09:31 AM Final Approval Date: 05/09/2014  Packet Page 54 of 200 MEMORANDUM OF UNDERSTANDING Relating to the Solarize Edmonds/Lynnwood Project WHEREAS, Northwest Sustainable Energy for Economic Development (NW SEED) has selected the City of Edmonds as a community partner for the SOLARIZE EDMONDS/LYNNWOOD project to perform community outreach to residents and small business owners in Edmonds; and WHEREAS, NWSEED and the City of Edmonds (the Parties) wish to enter into a Memorandum of Understanding regarding their respective roles and responsibilities relating to the SOLARIZE EDMONDS/LYNNWOOD project; and WHEREAS, the Parties have agreed to work together in the spirit of the SOLARIZE EDMONDS/LYNNWOOD project to provide a high quality education and installation program for the residents and small business owners of Edmonds to take place in April 2014 through December 2014; and WHEREAS, the City of Edmonds, in partnership with NW SEED, will support citizen engagement in a volunteer-led process to select an installation partner or partners for the SOLARIZE EDMONDS/LYNNWOOD project to provide solar installations for residents in Edmonds; and WHEREAS, NWSEED will leverage additional funding and partnerships to support the SOLARIZE EDMONDS/LYNNWOOD project; and WHEREAS, the mission of this project shall meet the goals of the Parties and is deemed to be of significant value to City of Edmonds residents and small business owners; and WHEREAS, the educational, marketing, and online materials developed for this project will be used by the Parties solely for the purpose of advancing the SOLARIZE EDMONDS/ LYNNWOOD project; NOW THEREFORE, the undersigned agree to undertake the following roles and responsibilities: ROLES AND RESPONSIBILITIES: Northwest SEED • Provide overall project management, status reports and team meetings to ensure project deliverables are met within budget and on time. • Draft and execute Memorandum of Understanding between partners to solidify commitments. • Provide Solarize training for City of Edmonds staff and community volunteers, including the Contractor Selection Committee and the Outreach Committee. • Assist citizen volunteer committee with drafting the request for proposal, conducting interviews and selecting solar installer(s). • Manage overall marketing and branding, including hosting the project website and drafting outreach materials. • Assist with media and outreach logistics for the project. Packet Page 55 of 200 • Update workshop curriculum and materials and co-lead workshops with the City of Edmonds staff, community volunteers and installer(s). • Manage the participant registration process and maintain the participant database. • Provide project reporting to funders. • Provide technical assistance. • Provide project evaluation with the City of Edmonds staff, community volunteers and installer(s). City of Edmonds • Serve as the local community liaison. • Recruit volunteers and coordinate volunteer assignments. • Form a steering committee and appoint a point person to work with the project team on implementation. • Schedule, organize and convene training meetings as needed. • Support a volunteer committee (Contractor Selection Committee) that will draft and publish the request for proposals and interview and select the solar installer(s) in the best interest of and value for the Edmonds community. • Schedule, organize, and co-lead team meetings with project partners. • Work with NWSEED and the installation team to market the program and generate attendance at the Solarize workshops. • Attend and participate in workshops. • Provide press interviews as needed under coordination by the project partners. • Assist with other neighborhood outreach support as needed. • Assist with project reporting. • Participate in project evaluation. Once the Parties have selected a solar installation company or companies, those companies will have the following roles and responsibilities: • Fulfill solar installations and pricing in accordance with the proposal presented to and accepted by the volunteer Contractor Selection Committee and NW SEED. • Manage all participant site evaluations, work contracts and solar system installations. • Manage leads in a fair and equitable manner for both contractors and participants, as agreed upon prior to the launch of registration. • Coordinate participant site evaluations such that each batch of workshop leads provided by NW SEED is addressed prior to provision of the subsequent batch. • Execute customer contracts between the participant and the solar installer. NW SEED and the City of Edmonds are not parties to the contract and the solar installer will be solely liable for any claims, losses, or damages arising out of the contract. • Provide customer service before and after customer installations. • Maintain and keep current a customer management system that includes real-time participant data, which can be accessed by NWSEED. • Participate in project team meetings and neighborhood outreach. • Participate in and help conduct workshops. • Assist with printing of materials and other neighborhood outreach support as needed. • Work with project partners to publicize the campaign, and provide press interviews as needed under coordination by project partners. • Participate in project evaluation. Packet Page 56 of 200 Privacy Policy: The names, addresses, and additional contact information of those who participate in workshops, register on the website, or install solar through the SOLARIZE EDMONDS/LYNNWOOD project will not be made public or otherwise sold or exchanged unless the homeowner or business gives express written (or “opt-in”) permission. NW SEED reserves the right to add participant names to the internal NW SEED mailing list. Participants will have the ability to unsubscribe, if desired. NW SEED reserves the right to publish participant information as it pertains to system type and system size. NW SEED will not publish participant names and addresses unless the homeowner or business gives express written (or “opt-in”) permission. AGREEMENT: Northwest Sustainable Energy for Economic Development ______________________ ____________ Jennifer Grove Date City of Edmonds (Community Partner) ______________________ ____________ Shane Hope, Date Development Services Director Packet Page 57 of 200 AM-6334 3. L. City Council Meeting Meeting Date:11/19/2013 Time: Consent Department: Planning Review Committee: Parks/Planning/Public Works Committee Action: Approve for Consent Agenda Type: Action Information Subject Title Authorization of Letter of Support for potential solar grant partnership. Recommendation Authorize the Mayor to send a letter supporting the grant partnership. Previous Council Action The Parks/Planning/Public Works Committee reviewed this item on November 12, 2013, and recommended approval, subject to future Council review of any memorandum of understanding. Narrative The City has been approached by a non-profit organization, NW SEED, to act as a community partner in a grant application to PUD for money to support an initiative in the Edmonds area. NW SEED (Solar Energy for Economic Development) has extensive experience in community-based solar initiatives, and has a record of success with similar initiatives in other communities in King and Snohomish Counties. In the program, NW SEED handles the education and works with the community partner and contractor to guarantee lowered-cost solar installations in a particular neighborhood or community. The community partner helps get the word out to the community. Local residents need not use the contractor offered via the NW SEED program, but the program normally provides information and an incentive to actually undertake a residential solar project. All contracting is done between the actual contractor and the home owner. If the grant application is successful, NW SEED would normally follow up with a memorandum of understanding laying out the program and indicating the City's willingness to participate. Any memorandum of understanding will require review by the City Attorney and approval by the City Council. In any case, the project would not impact the City's budget since no additional City expenditures will be required. The request at this time is to authorize the Mayor to send a letter supporting the program/grant application. Timing is important, since NW SEED's grant application is due to PUD by November 21st. Attachments 1Print Agenda Memo 5/8/2014http://agenda.ci.edmonds.wa.us/print_ag_memo.cfm?seq=6334&rev=0&mode=External&re... Packet Page 58 of 200 Exhibit 1: NW SEED program materials Form Review Inbox Reviewed By Date City Clerk Scott Passey 11/14/2013 04:31 PM Mayor Dave Earling 11/14/2013 05:25 PM Finalize for Agenda Scott Passey 11/15/2013 06:04 AM City Clerk Scott Passey 11/14/2013 04:31 PM Mayor Dave Earling 11/14/2013 05:25 PM Finalize for Agenda Scott Passey 11/15/2013 06:04 AM Form Started By: Rob Chave Started On: 11/14/2013 04:04 PM Final Approval Date: 11/15/2013 2Print Agenda Memo 5/8/2014http://agenda.ci.edmonds.wa.us/print_ag_memo.cfm?seq=6334&rev=0&mode=External&re... Packet Page 59 of 200 CITY OF EDMONDS C IT Y HALL • THIRD FLOOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0247 • fax (425) 771-0252 www.edmo nd swa.gov OFFICE OF THE MAYOR November 20, 2013 Leslie Moynihan Customer Renewables Program Manager Public Utility District No. 1 of Snohomish County 2320 California Street, M/S E2 Everett, WA 98206-1107 Dear Leslie, DAVE EARLING MAYOR I am writing to express the City of Edmonds' support for partnering with Northwest SEED as a Community Partner in the Solarize Edmonds campaign. We look forward to working with Snohomish PUD and Northwest SEED to encourage solar adoption by supporting a group purchase campaign that will feature competitive contractor selection, grassroots education and outreach, and accelerated installation of solar PV systems on local residences and small businesses . Our participation on the Solarize Edmonds team will be coordinated by Rob Chave in our Development Services Department. In recent years, the City of Edmonds has made significant strides towards making solar energy more accessible to local residents. In 2011, the City supported the installation of a 4 .2 kilowatt community solar project on the roof of the Frances Anderson Center. Since 2012, the City has worked with Northwest SEED and other jurisdictions across the region on the Evergreen State Solar Partnership and Pacific Northwest Solar Partnership, with a goal to streamline solar permitting and interconnection processes. As a result of this work, we have started to see increased interest in solar installations in our local community, and feel that the Solarize Edmonds campaign could help encourage that interest even more. As a member of the Solarize Edmonds team, the City of Edmonds will work alongside Snohomish PUD and Northwest SEED to make solar more affordable and accessible to our local community. Thank you for making this important opportunity available to us. -)~-~ Dave arling ~ Mayor J • Incorporated August 11 , 1890 • Sister City -Hekinan , Japan Packet Page 60 of 200 Program Background Local nonprofit Northwest SEED (www.nwseed.org) brought the Solarize program to Washington in 2011. Since then, Northwest SEED has worked with utilities, community groups, and installers around the state to launch 7 successful Solarize campaigns, resulting in more than 350 solar installations and spurring investment of more than $8 million in our local solar economy. Northwest SEED has run campaigns in partnership with both Snohomish PUD and Seattle City Light. Snohomish PUD has recently made new funding available for 1-2 Solarize campaigns in 2014. Key elements of a Solarize campaign include:  Community leadership through grassroots outreach and engagement  Competitively selected contractors with set prices, chosen by the community  Limited time, geographically limited campaigns to motivate neighbors to Solarize together Community Partners  Community groups and city staff collectively organize to host Solarize campaign  Volunteers lead contractor selection and community engagement  Act as “boots on the ground” to spread the word about Solarize Installation Partner  Competitively selected through a community-led RFP process  Selected process driven by volunteers from community hosting campaign  Offers same prices, service, and warrantees to all Solarize participants – plus a group discount! Why Solarize Now?  Federal tax credits, state sales tax credits, the state production incentive, and utility net metering help bring the cost down. However, these programs all have expiration dates, so the sooner you install solar the better. (Details available at www.solarizewa.org)  Banks and credit unions offer low-interest loans to green up your home with solar.  Two companies are making solar panels and equipment right here in Washington, and there are many local installation companies, so these projects can support local jobs and our economy.  Typical payback time for a solar installation is 6-15 years.  There is mounting research that shows solar increases home value and resale price. Participant Process (TBD for potential Edmonds campaign) 1. Register online at www.solarizewa.org/registration (once registration period opens). 2. Attend a free informational workshop. Full workshop schedule available online at www.solarizewa.org/workshops. 3. Once you’ve attended a workshop, you’re eligible for a free site assessment and discounted pricing. The installation team will work with you to schedule home visit and draw up a bid specific to your budget, roof, and goals. 4. Decide whether you want to join the momentum by going solar through Solarize WA. 5. Spread the word to friends and neighbors! Packet Page 61 of 200 You are here: Home » Attend a Workshop » What Does Solar Cost? What Does Solar Cost? Solarize Washington allows homeowners and businesses to tap into lowered upfront costs through program participation. Solarize Washington packages existing federal and state incentives with a unique Solarize discount. With this discount, most program participants are able to recoup approximately 50% of their cost within one year! Here's how it breaks down: The Solarize Discount: group purchase brings down the cost of a solar system The Solarize discount is a result of the installation efficiencies made possible by Solarize Washington. Solar installers are able to offer significant group discounts on the purchase and installation of solar systems through the program's focus on increased participant education, neighborhood outreach, and economies of scale. Solarize discounts average between 10-20%, depending on the campaign. Washington State Sales Tax Exemption: no sales tax on purchase + installation of solar system When you purchase a solar system sized below 10 kilowatts (most residential systems), your purchase is exempt from state sales tax. This incentive expires June 30, 2013 -- making now the time to Solarize your home or business! Federal Tax Credit: 30% off total system cost The federal government provides a tax credit to cover 30% of the total installed cost of your solar system. If you do not have the tax appetite to take the entire 30% credit in the first year, the remaining credit can be rolled over to your next tax return. This incentive expires December 31, 2016. Washington State Production Incentive: $0.15-54 per kilowatt-hour produced by your solar system Washington State has established an annual production incentive that pays you for every kilowatt-hour of energy your solar system produces, regardless of how much of that energy you use in your home. Through the production incentive, you receive $0.15 per kilowatt-hour produced if your system is manufactured outside of Washington, and $0.54 per kilowatt-hour if your system is fully manufactured within Washington. If you're a Seattle City Light customer, that means you're getting paid up to six times more to produce energy than you would otherwise be paying to purchase energy from the utility. This annual incentive expires June 30, 2020. Net Metering: retail value for the energy you send into the grid When your home isn't using the energy that your solar system is producing, that energy flows into the electric grid, spinning your meter backwards and thereby lowering your electric bill. Your utility keeps track of your "net" energy use -- that is, how much you pull out of the grid compared to how much you put back into it. At the end of a billing period, if your production exceeds your consumption, the utility credits your account accordingly at retail value. This incentive does not expire. So, what does this all mean? When combined with the federal tax credit, the state production incentive, and utility net metering, the Solarize discount allows most participants to recoup approximately 50% of the cost of their solar system within one year! After year one, your solar system continues to pay itself back through the annual benefit accrued via the state production incentive and utility net metering. Solarize Seattle by Northwest SEED is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States License. Based on a work at solarizeseattle.org. Permissions beyond the scope of this license may be available at nwseed.org. Page 1 of 1What Does Solar Cost? — Solarize Seattle 11/7/2013http://solarizewa.org/workshops/what-it-costs Packet Page 62 of 200 You are here: Home » Attend a Workshop » Frequently Asked Questions Frequently Asked Questions What is Solarize Washington? Solarize Washington, an initiative of Northwest SEED, is an innovative program designed to bring solar energy to Washington homes. This is a community-led effort that empowers you and your neighbors to get educated about solar, select an installer, and leverage group buying power. By partnering with grassroots sustainability groups and local installers in your community, Northwest SEED helps neighbors come together to enjoy significant discounts through the group purchase of solar systems. Key features of Solarize Washington include: • Grassroots outreach and promotion by neighborhood volunteers • Competitively selected contractors with set prices • Free educational workshops for all participants • Free site assessments for all participants to determine solar suitability • A limited time offer to get the best deal on solar around! Do you intend to roll the project out citywide? Yes! We’ve already received interest from several neighborhood groups and businesses that want to Solarize their community. We intend to roll the program out neighborhood-by-neighborhood -- let us know if you want to be next! We look forward to unleashing the demand for solar in Washington. How are Solarize neighborhoods selected? Northwest SEED is excited to bring the power of the Solarize model to neighborhoods and communities across Washington. When we wrap up our current Solarize Washington campaigns, we will release a Call for Partners for the next campaign. If you would like to be kept up-to-date on the next Call for Partners and make your neighborhood the next to Solarize, please contact us. How are solar installers selected for a Solarize campaign? The installer selection process is led by the neighborhood group spearheading each Solarize campaign. With support from Northwest SEED, the neighborhood group develops and circulates a Request for Proposals to local installers. Upon receipt of proposals, the neighborhood group evaluates and interviews the top proposers. After a rigorous and competitive selection process, the neighborhood group selects a solar installer to partner on the Solarize campaign. What is the process to go solar through a Solarize campaign? 1.Get registered. Register in our system so we can keep you up-to-date on workshops and schedule individual site assessments. 2.Get educated. Attend a free Solarize Washington workshop to learn about solar energy and this limited time opportunity. Workshop attendance will put you on the fast track to receive a free site assessment. 3.Get evaluated. Once you've attended a workshop, you're eligible to receive a free site assessment! Through a competitive RFP process, the neighborhood and Northwest SEED will choose a solar installer to provide installation services and group pricing discounts for the neighborhood's Solarize participants. The selected installer will come to your home and see if solar is right for you, and work with you to determine the best system for your needs and budget. 4.Sign your contract. Decide whether you want to install solar on your home and sign your contract with the selected installer. Until this point, you're under no obligation to go solar. 5.Get solarized! Join the Solarize Washington movement! Once your contract is signed, the selected installer will work with you to schedule your discounted solar installation. Does solar energy work in Washington? Absolutely! In fact, more and more people are opting to install solar systems every year in Washington. Although many think of Washington (at least Western Washington) as gray and rainy, we actually receive 15% more annual sunlight than Germany, the world’s leading solar market. How does solar PV work? Page 1 of 2Frequently Asked Questions — Solarize Seattle 11/7/2013http://solarizewa.org/workshops/frequently-asked-questions Packet Page 63 of 200 A solar PV system generates electricity by converting sunlight into electricity that can be used in your home or business. This reduces the amount of electricity you need to purchase from your utility. If your system produces more electricity than you need at any given time, it will actually spin your meter backwards to supply the grid. Your utility keeps track of how much electricity you supply to the grid as well as how much you purchase, and bills you only for your net electricity consumption (via net metering.) At the end of any billing period, if overall electricity production exceeds consumption (indicated by a negative meter read) a billing credit is applied to your next bill. The size of a solar PV system is often described in watts (W) or kilowatts (kW). 1,000 W = one kW. Watts are a unit of power, just like the horsepower of an engine. They express the maximum possible output of energy the system can produce at any point in time. When sunlight strikes solar PV panels, they produce electricity that is measured in kilowatt hours (kWh). Kilowatt hours are the units of energy you buy from your utility and use in your home to run your appliances, lighting and electronics. What kinds of incentives are available? •Net Metering - When you install your solar electric system in compliance with utility interconnection standards and sign an Interconnection Agreement, any unused solar electricity goes back into the grid, spinning the meter backwards and lowering your electric bill. Meter readings by the utility record a customer's "net" electricity use. At the end of any billing period, if overall electricity production exceeds consumption (indicated by a negative meter read) a billing credit at current retail rates is applied to your next bill. •Federal Tax Incentives - The federal Energy Policy Act of 2005, as amended by the Emergency Economic Stabilization Act of 2008, includes provisions for individuals and businesses to claim a 30% federal income tax credit for the cost of solar technology installations. Credit applies to the basis remaining after any utility or state incentives have been taken. Contact the U.S. Internal Revenue Service for further information. •Washington State Sales Tax Exemption - The sale of solar electric systems under 10 kilowatts is exempt from state sales taxes. •Renewable Energy Production Incentives - In May 2005, the Governor of Washington signed Senate Bill 5101, and in August 2006 the Washington Department of Revenue issued rules (updated in 2009) that established a base-level production incentive of 15 cents per kilowatt-hour (kWh) capped at $5,000 per year, for individuals, businesses, or local governments that generate electricity from solar power, wind power or anaerobic digesters. Higher incentive levels are available (up to 54 cents per kilowatt-hour) if the solar electric (PV) panels and/or inverter are manufactured in the State of Washington. If the system is a community-solar system the base rate is 30 cents per kilowatt-hour with higher incentive levels if system components are made in-state. The program runs from July 1, 2005 through June 30, 2020. Ownership of the renewable energy credits or "green tags" remains with the customer-generator. Your solar electric system must be certified by the State Department of Revenue. Solarize Seattle by Northwest SEED is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States License. Based on a work at solarizeseattle.org. Permissions beyond the scope of this license may be available at nwseed.org. Page 2 of 2Frequently Asked Questions — Solarize Seattle 11/7/2013http://solarizewa.org/workshops/frequently-asked-questions Packet Page 64 of 200    AM-6763     3. B.              City Council Committee Meetings Meeting Date:05/13/2014 Time:10 Minutes   Submitted For:Phil Williams Submitted By:Jim Stevens Department:Public Works Committee: Parks, Planning, Public Works Type: Action Information Subject Title Naming of City-owned Facilities. Recommendation Staff recommends consideration of a policy for naming buildings and physical resources, such as meeting and conference rooms. Staff further seeks guidance in selecting one of several physical methods of placing suitable place-naming signage at Fire station 16. Previous Council Action City Council was recently asked to name one of the City's fire stations in honor of Betty Mueller because of her civic contributions and her work supporting the construction of new public safety facilities. Several councilmembers asked staff to evaluate the suggestion and bring a recommendation back to council on a future agenda. In reviewing how similar requests have been handled in the past it became apparent there was no over-riding City policy or procedures outlining a process to be followed. After looking at policies used by other cities in Washington State a draft example policy was developed and is presented here for Council and public comment on before going forward. Narrative Staff has searched for any relevant City policies covering the naming process for City buildings and facilities.  There are none that currently exist.  There is often not even a clear memory of how any of the City buildings or rooms today named in honor of individual persons came to acquire their memorial designations.  Staff is asking that Council now consider the value of establishing procedures for naming City structures and spaces.  The City of Olympia maintains such a policy with a very succinct set of guidelines.  That policy has been redrafted here with a few edits as a straw-man policy for Edmonds. In terms of the options that could be considered for Fire Station #16, there are four choices to review.  Generally, they consist of reworking the existing monument signage (located out near the street) at a cost of approximately $950, or reworking the existing bronze building plaque or creating an entirely new one for essentially the same cost.  Two additional alternatives would consist of introducing new stainless steel lettering directly to the side of the building.  This could be done in 2” or 5” letters, depending on the location of the installation.  The costs would run between $1600 and $2500, based on the size chosen. Attachments Policy for Naming City Facilities Form Review Inbox Reviewed By Date Public Works Phil Williams 04/22/2014 08:40 AM Parks and Recreation Carrie Hite 04/22/2014 08:53 AM City Clerk Scott Passey 04/30/2014 11:40 AM Mayor Dave Earling 04/30/2014 01:22 PM Finalize for Agenda Scott Passey 04/30/2014 02:40 PM Form Started By: Jim Stevens Started On: 04/08/2014 11:11 AM Final Approval Date: 04/30/2014  Packet Page 65 of 200 Packet Page 66 of 200 City of Edmonds The City will choose names for public buildings and property owned by the City of Edmonds based on the building or property’s relationship to any of the following criteria: A. Neighborhood, geographic or common usage identification. B. Building or property’s purpose. C. A natural or geological feature. D. A historical figure or place. E. An individual, living or deceased, who has made a significant land, building, or monetary contribution to the city for the building or property being named. F. An individual, living or deceased, who has contributed outstanding civic service to the city and, if deceased, has been so for a period of at least one year. 12.62.020 Naming of City-owned Public Buildings and Properties – Procedure. A. Whenever the City Council wishes to consider naming a City-owned building or property, the issue shall be referred to the City Council’s General Government Committee to establish the specific process and to make a recommendation(s) to the full Council. B. Before taking action, the City Council shall provide an opportunity for public comment on the recommendation(s) from the General Government Committee. 12.62.030 Naming of Interior Features. The interior features or spaces of a City-owned building may be named separately from the main building subject to the criteria and procedures set forth in this Chapter. 12.62.040 Name Changes. A. Designation of a name shall not prohibit the renaming of the building or property at a future date, or the designation of a sunset for the name at the time of approval. B. Name changes shall be subject to the criteria and procedures set forth in this Chapter. Packet Page 67 of 200    AM-6838     3. C.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted By:Renee McRae Department:Parks and Recreation Committee: Parks, Planning, Public Works Type: Action Information Subject Title Special Event Contracts Recommendation Forward the contracts to the May 20, 2014 City Council Consent Agenda for approval. Previous Council Action None Narrative Each year the City Council reviews and authorizes the Mayor to sign the special event contracts. At this time you are reviewing the Bastille Day and Classic Car Show contracts.   The Bastille Day contract has no significant changes. The Classic Car Show Contract has added a beer garden, which will be located in the parking lot south of City Hall.  Language has been added to the contract in section 1.11 related to this. Attachments 2014 Bastille Day 2014 Classic Car Show Form Review Inbox Reviewed By Date City Clerk Scott Passey 05/07/2014 09:40 AM Mayor Dave Earling 05/07/2014 01:36 PM Finalize for Agenda Scott Passey 05/08/2014 11:22 AM Form Started By: Renee McRae Started On: 05/06/2014 11:17 AM Final Approval Date: 05/08/2014  Packet Page 68 of 200 CONTRACT BETWEEN THE CITY OF EDMONDS AND EDMONDS PETANQUE CLUB July 12-13, 2014 The following agreement (“Agreement”) is made by and between CITY OF EDMONDS ("City"), and Edmonds Petanque Club ("EPC") (collectively, the “Parties”). WHEREAS, EPC has proposed to hold a public event known as Bastille Day in Edmonds (or “Event”); WHEREAS, the City Council finds that the Event provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. City Responsibilities: 1.1 City shall provide use of surfaces on Civic Center Field hereinafter referred to as the “City-Provided Site” on Saturday, July 12, 2014 from 3pm-5pm for lining the field and on Sunday, July 13, 2014 from 9am-6pm for the Event. The provisions of this Agreement relate only to the City- Provided Site. City shall inspect the Civic Center Field facilities before and after the Event. 1.2 City has the right to check the noise level of any amplified sound equipment or other sound source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.3 City shall provide two additional garbage containers and one recycle container for the Event. 1.4 City shall provide access to power at the west end of the stadium. EPC shall be responsible for providing appropriate power cords sufficient for its uses. 1.5 City shall install Bastille Day street banners as provided by EPC at approved sites. EPC shall obtain a Street Banner Permit and pay the required fee. 2. EPC Responsibilities: In addition to the above and in consideration of the use of the facilities and services above described, EPC agrees to the following: 2.1 EPC accepts the condition of the Civic Center Field as it currently exists. 2.2 EPC shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of Packet Page 69 of 200 the endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. The City shall be named as an insured on EPC’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that EPC’s insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of EPC’s insurance and shall not contribute to it. EPC shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.3 EPC agrees that the Event is a public event. EPC further agrees that areas constituting the City-Provided Site that are covered under this Agreement are traditional public forums. As a result, EPC shall permit citizens attending events open to the general public at the City-Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference. 2.4 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. EPC will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 EPC shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with EPC’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by EPC of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.6 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. EPC warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.7 EPC shall provide any and all security services necessary to reasonably secure the area and facilities provided. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by EPC or the participants in this Event. 2.8 EPC shall ensure that all booths/beer garden/wine garden have the necessary state and local permits for serving and selling alcohol. EPC agrees to use its best efforts to prevent service of alcohol to minors, including segregation of the beer garden/wine garden and checking identification in accordance with common practice. EPC shall obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.9 EPC shall contract for one additional sani-can and wash station at Civic Center Field. These may be placed on site the Friday night preceding the Event. Maintenance and removal of, and Packet Page 70 of 200 damage to, sani-cans, is solely the responsibility of EPC. EPC shall provide extra paper supplies for sani-cans and existing City portable toilets in the event there is a shortage of such supplies. 2.10 EPC shall obtain all required approvals for food handling and serving to the general public through the Snohomish County Health Department. EPC shall provide City with a written statement from that department that all requirements have been met and necessary permits issued. 2.11 EPC shall advise all participating vendors of the terms and conditions of this Agreement and shall insure that vendors maintain all insurance, licenses and permits required by local, state and federal law for the duration of the Event. 2.12 Upon completion of the Event, EPC shall make adequate provisions for the cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the morning prior to the Event. A final inspection of the Event area shall be conducted by a designated City official to determine if all areas are clean and returned to their original condition. 2.13 EPC shall pay City all permit fees for the above-mentioned facility use ($110) prior to Friday, June 13, 2014. The fees are subject to change if requests for additional services are made by EPC. 2.14 EPC shall pay City a cleaning/damage deposit of $1,000.00 prior to Friday, June 13, 2014. The deposit shall be refunded to EPC if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse City for supplies, losses or cleaning costs. In addition, EPC shall be responsible for any damages, labor and/or materials required to repair damage to City property. 2.15 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.16 Neither EPC nor any of its officers, agents, or employees shall discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.17 If the tent area exceeds 400 square feet, EPC shall contact the Edmonds Fire Marshal at Fire Prevention Services (425) 775-7720 for an inspection of the tent area prior to the opening of the Event to the general public, at or before 9:00 a.m., July 13, 2014, as the Parties shall agree. EPC shall correct all fire safety related problems prior to the opening of the Event. If such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal, and at the sole discretion of City, any violation or other condition that threatens life, health or property has not been corrected. 2.18 A Class K fire extinguisher will be required if griddles or BBQ appliances are used for cooking. If cooking is taking place in a tent, the tent will have to be labeled fire resistant. 2.19 All use and configuration of structures, booths and other facilities used in the Event may be inspected and reviewed by the Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine that such facilities comply with State and local law, as well as to insure that no lasting damage shall be done to any public facility or property. Packet Page 71 of 200 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Termination. The City shall have the right, in its sole and absolute discretion, to unilaterally terminate this Agreement should the same become necessary to protect public health, safety or welfare; in which case, the City shall provide written notice of the same to EPC. 3.4 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of EPC shall be deemed to be the same of the City for any purpose. EPC alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________, 2014. CITY OF EDMONDS: EDMONDS PETANQUE CLUB: David O. Earling, Mayor Michelle Martin, President ATTEST/AUTHENTICATED: APPROVED AS TO FORM: Scott Passey, City Clerk Office of the City Attorney Packet Page 72 of 200 CONTRACT BETWEEN THE CITY OF EDMONDS AND THE GREATER EDMONDS CHAMBER OF COMMERCE September 7, 2014 The following is an agreement (“Agreement”) between CITY OF EDMONDS ("City"), and the GREATER EDMONDS CHAMBER OF COMMERCE ("Chamber") (collectively, the “Parties”). WHEREAS, the Chamber has proposed to hold a public event known as the Edmonds Chamber of Commerce Classic Car Show (“Classic Car Show” or “Event”); WHEREAS, the City Council finds that the “Classic Car Show” provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. City and Chamber agree that: 1.1 City shall provide use of the following surfaces by Chamber for the Classic Car Show: • “Center Round” around the fountain in downtown Edmonds at 5th Avenue and Main Street, • Main Street from the East side of its intersection with 3rd Avenue to the West side of its intersection with 6th Avenue, • 4th Avenue S. from the South side of its intersection with Bell Street to the North side of its intersection with Dayton Street, and again from the South side of its intersection with Dayton Street to approximately 100 feet south down 4th Avenue, • 5th Avenue, from the North side of its intersection with Walnut Street to the North side of its intersection of the northern leg of Bell Street, • Dayton Street, from the West side of 5th Avenue to the East side of 4th Avenue, • City Hall parking lot located immediately South of the City Hall building at 121 5th Avenue N and the parking lot under City Hall, • On street parking spaces on 5th Ave N from Bell Street to Seville driveway, 217 5th Ave N (west), and Bell Street to the Public Safety parking lot access midblock (east). Packet Page 73 of 200 (The above areas shall be hereinafter referred to as the “City-Provided Site.”) 1.2 One or several days before the Event, City shall place signs so as to clear the City- Provided Site of all vehicles from 2:00 a.m. on the date of the event until 7:00 p.m. on the same day. The Main and 5th closure to the most northern portion of Bell shall be until 8:00 p.m. 1.3 City shall provide barriers near the following 13 locations for street closures required to contain the City-Provided Site described in Paragraph 1.1: Pine and 5th, to close 5th Avenue north to Walnut, Maple and 5th, to close Maple Street east of 5th Avenue Dayton and 6th, to allow local access only on Dayton between 6th Avenue & 5th Avenue Dayton and 5th, to close 5th Avenue north and south of Dayton Street Dayton and 5th, to close Dayton west of 5th Avenue Dayton and 4th, to close Dayton east of 4th Avenue Walnut and 5th, to close 5th Avenue north and south of Walnut Street Main and 5th, to close 5th Avenue to the most northern portion of Bell Main and 6th, to close Main Street west of 6th Avenue Main and 3rd, to close Main Street east of 3rd Avenue 4th and Bell, to close 4th Avenue south of Bell Street 4th and Dayton, to close 4th Avenue north and south of Dayton Street; and On 4th, to close 4th Avenue 100 ft. immediately south of Dayton 1.4 City shall arrange for access control of 5th Avenue South at Walnut Street from 8:30 a.m. until 11:30 a.m. on the date of the Event. Chamber will be responsible for paying the actual cost of the overtime wages incurred by the City of the police officer to be stationed at the intersection. This intersection will not be closed to general traffic east and west, but access will be controlled and may be limited during this time period to allow for the safe staging of Event vehicles. There will be a committee member at the intersection with the police officer to designate which vehicles will be part of the Event. 1.5 Above barriers shall be delivered so as to allow Chamber to position such barriers at 5:00 a.m. the day of the Event. The number of barriers left by City at each of the eight locations shall be sufficient to provide adequate street closure. Chamber shall remove same barriers at 7:00 p.m. on the same day. 1.6 City shall also provide street closure barriers for the purpose described in Paragraph 1.7 near the following intersections: Maple Street and 6th Avenue, to close Maple west of 6th; and Alder Street and 6th Avenue, to close Alder west of 6th. 1.7 Chamber shall position such barriers at 5:00 a.m. the day of the Event so as to provide adequate street closures and prevent traffic from 6th Avenue to turn onto Maple Street or Packet Page 74 of 200 Alder Street from 5:00 a.m. until 10:00 a.m. Chamber shall remove such barriers at 10:00 a.m. on the same day. 1.8 On the day of the event, Chamber shall place traffic cones on the center-dividing line of 5th Avenue between Pine Street and Walnut Street from 5:00 a.m. until 10:00 a.m. 1.9 Chamber shall obtain any necessary Street Use Permits and pay the required fees. Police, Fire, and Public Works will meet with Chamber of Commerce officials to resolve any remaining or potential issues of traffic control and barricades prior to the event, but shall have no authority to waive the requirements of city ordinance or state law. Chamber shall establish a sixteen foot (16’) fire lane down the middle of each street on which Classic Car Show cars will be parked for emergency vehicle access throughout the day of event. Chamber car show staff and ambassadors will ensure that no cars encroach upon this fire lane. 1.10 The Chamber shall be permitted to establish and operate five outdoor dining gardens within the City-Provided Site during the Event. These gardens shall not exceed 15’ x 25’ in dimension, and shall be fenced in a manner that clearly establishes and distinguishes their boundaries. Maximum capacity of the dining gardens shall be determined by the Edmonds Fire Marshall. Dining gardens shall provide tables, chairs and umbrellas for use by their diners. No alcohol shall be served or permitted in the dining gardens. Food and non-alcoholic drinks may be served in the dining gardens, but no food preparation shall be permitted therein. Dining gardens shall be sponsored by local restaurants, and shall be located near each sponsoring restaurant. Dining gardens shall open no earlier than 4AM and shall close no later than 5:00 p.m. during the Event. Chamber shall inform all food vendors of the applicable requirements for food vending at the Event, as set forth by Snohomish County Fire District 1, and shall be responsible for ensuring that food vendors follow such requirements. 1.11 Chamber shall be permitted to establish a beer garden, separate from the dining gardens, in the parking lot to the south of Edmonds City Hall. Chamber shall be responsible for obtaining all necessary state permits for serving and selling alcohol. Chamber agrees to make its best efforts to prevent service of alcohol to minors, including segregation of the beer garden, posting security at the entrances of the beer garden and checking identification in accordance with common practice. Chamber shall obtain any copyright licenses necessary for presenting licensed live and recorded music. 1.12 All use and configuration of structures, booths and other temporary facilities used in the event shall be inspected and reviewed by Edmonds Fire Marshall, Police Chief, Building Official and Parks and Recreation Director or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. Edmonds Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 7:00 a.m., September 7, 2014, as the Parties shall agree and note all potential problems. Prior to the opening of the event, Chamber shall correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel such event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property shall appear. Packet Page 75 of 200 1.13 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.14 Chamber shall obtain and note on the back of the Classic Car Show registration card, which is posted on the dashboard of cars on display, at least one cell phone number for the car’s owner, to allow the Chamber to contact the owners when away from their cars. 2. Chamber Responsibilities In addition to the above and in consideration of the use of the facilities and services above described, Chamber agrees to the following: 2.1 The Chamber shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The City shall be named as an insured on the Chamber’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that the Chamber’s insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Chamber’s insurance and shall not contribute to it. The Chamber shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.2 The Chamber agrees that the Classic Car Show is a public event. The Chamber further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber shall permit citizens attending events open to the general public at City-Provided Site during the Classic Car Show to exercise therein their protected constitutional right to free speech without interference. 2.3 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.4 The Chamber shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by the Chamber of the immunity Packet Page 76 of 200 provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.5 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.6 Chamber shall provide any and all security services necessary to reasonably secure the area and facilities provided, including the City-Provided Site. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by Chamber or the participants in this Event. 2.7 Chamber shall provide a fire watch for all times in and around the booths and displays open to the general public as a part of this Event. 2.8 Chamber shall provide sufficient wash stations and approximately 12 sani-cans that may be placed on site the night preceding the Event. Garbage service, if necessary, shall be contracted and paid for by Chamber. 2.9 Upon completion of the Event, Chamber shall make adequate provisions for the cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements shall be completed by 7:00 p.m. on that day. Cleanup of sidewalks shall be completed by 11:00 p.m. on that day. Cleanup areas include the City-Provided Site as described in Section 1 and all streets immediately surrounding the Event perimeter. A final inspection of the Event area shall be conducted by a designated City official to determine if all areas are clean and returned to their original condition. 2.10 Chamber shall pay City all permit fees for the above-mentioned facility use and services at least ten (10) days prior to the Event, and shall reimburse City for the actual costs of supplies or services furnished by City (excluding those agreed to in Section 1) within thirty (30) days of mailing of a final bill by the City, provided such supplies and services are approved and listed by all Parties to this Agreement in a signed addendum to this Agreement prior to the date which they purport to be required. 2.11 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, Packet Page 77 of 200 written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Termination. The City shall have the right, in its sole and absolute discretion, to unilaterally terminate this Agreement should the same become necessary to protect public health, safety or welfare; in which case, the City shall provide written notice of the same to the Chamber. 3.4 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber shall be deemed to be the same of the City for any purpose. The Chamber alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________, 2014. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: David O. Earling, Mayor Greg Urban, President and CEO ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 78 of 200    AM-6840     3. D.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted For:Ryan Hague Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign a Local Agency Agreement with KPG, P.S. for design of walkway improvements on 236th St. S.W. from SR104(Edmonds Way) to Madrona Elementary School. Recommendation Forward the item to the consent agenda for approval at May 20, 2014 City Council meeting. Previous Council Action On December 10, 2013, the Parks, Planning and Public Works committee reviewed this item and recommended it be forwarded to full Council for discussion. On January 14, 2014, the Parks, Planning and Public Works committee reviewed this item and recommended it be placed on the consent agenda for approval. Narrative The City was awarded three Safe Routes to School grants in 2013 to fund the design and construction of walkways on 15th St. SW, 236th St. SW and 238th St. SW. In accordance with the City’s purchasing policy, the City issued a Request for Qualifications (RFQ) to hire a consultant to design the three walkways. The City received statements of qualifications from four engineering firms and the selection committee chose KPG, P.S. to provide design services based on their qualifications, experience and approach. In December 2013 and January 2014, staff presented a preliminary scope of work to the Planning, Parks and Public Works (PPP) committee with the goal of scheduling a finalized agreement for approval at a future City Council meeting. In late December, KPG’s project manager left the firm and the project was reassigned to a new project manager. In February, KPG’s new project manager had an extended leave of absence due to a family issue which delayed finalizing the project’s scope and fee. During that time period, WSDOT also issued new guidance for the review of consultant overhead rates on projects that receive federal funds. For these reasons, plus a change in the City’s project manager, led to a delay in completing the final scope and fee for all three walkway projects.  For administration purposes, it was determined that each project should have a separate design agreement to properly track and report project costs. The attached agreement is for professional services to design the walkway on 236th St from SR104 (Edmonds Way) to Madrona Elementary School. A Local Agency Standard Consultant Agreement form is being used since this project is being funded by a federal transportation grant. The proposed fee is $68,389 and includes a $3,257 management reserve that may be authorized by the City to resolve unforeseen conditions. The design costs will be funded by the grant and no local match is required.  The key tasks in the scope of work include surveying, stormwater design and the development of the contract plans, specifications and estimate. The scope of work also includes a task to support staff with property owner meetings and a public open house after the 30% designs are complete. The tentative schedule is to complete the design phase by early 2015 and construct the project in summer 2015. Packet Page 79 of 200 Attachments KPG Agreement Project Map Form Review Inbox Reviewed By Date Engineering Megan Luttrell 05/08/2014 11:59 AM City Clerk Scott Passey 05/08/2014 12:00 PM Mayor Dave Earling 05/08/2014 12:07 PM Finalize for Agenda Scott Passey 05/08/2014 12:31 PM Form Started By: Megan Luttrell Started On: 05/06/2014 04:08 PM Final Approval Date: 05/08/2014  Packet Page 80 of 200 Page 1 of 8DOTForm 140-089 EFRevised 09/2013 THIS AGREEMENT, made and entered into this day of ,,2014 between the Local Agency of , Washington, hereinafter called the “AGENCY” ,the City of Edmonds and the above organization hereinafter called the “CONSULTANT”. Local Agency Standard Consultant Agreement Consultant/Address/Telephone Project Title And Work Description Lump Sum Lump Sum Amount $ Cost Plus Fixed Fee 141.59 Actual Cost Fixed Overhead Rate 141.59 6,831.00Fixed Fee $ Overhead Progress Payment Rate % Overhead Cost Method % % Specific Rates Of Pay Negotiated Hourly Rate Provisional Hourly Rate Cost Per Unit of Work Do you require a 1099 for IRS? % DBE Participation Yes No Yes No City of Edmonds Madrona Elementary Walkway Project - Prepare Final Plans, Specifications, and Estimates. June 30, 2015 91-1477622 Agreement Number Federal Aid Number Agreement Type (Choose one) Actual Cost Not To Exceed Completion Date Federal ID Number or Social Security Number KPG, P.S. 753 9th Ave North Seattle, WA 98109 206-286-1640 Total Amount Authorized $65,131.94 Management Reserve Fund $3,256.60 Maximum Amount Payable $68,388.54 Architectural/Engineering Agreement Index of Exhibits (Check all that apply): Exhibit A-1 Scope of Work Exhibit A-2 Task Order Agreement Exhibit B-1 DBE Utilization Certification Exhibit C Electronic Exchange of Data Exhibit D-1 Payment - Lump Sum Exhibit D-2 Payment - Cost Plus Exhibit D-3 Payment - Hourly Rate Exhibit D-4 Payment - Provisional Exhibit E-1 Fee - Lump/Fixed/Unit Exhibit E-2 Fee - Specific Rates Exhibit F Overhead Cost Exhibit G Subcontracted Work Exhibit G-1 Subconsultant Fee Exhibit G-2 Fee-Sub Specific Rates Exhibit G-3 Sub Overhead Cost Exhibit H Title VI Assurances Exhibit I Payment Upon Termination of Agreement Exhibit J Alleged Consultant Design Error Procedures Exhibit K Consultant Claim Procedures Exhibit L Liability Insurance Increase Exhibit M-1a Consultant Certification Exhibit M-1b Agency Official Certification Exhibit M-2 Certification - Primary Exhibit M-3 Lobbying Certification Exhibit M-4 Pricing Data Certification App. 31.910 Supplemental Signature Page Personal Services Agreement Packet Page 81 of 200 WITNESSETH THAT : WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’S “DBE Program Participation Plan”. The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT’S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C.” All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 Packet Page 82 of 200 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit “D” attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY’S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit “G” attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit “G.” The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 Packet Page 83 of 200 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “H” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “H” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit “I” for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 Packet Page 84 of 200 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’S failure to perform is without the CONSULTANT’S or it’s employee’s default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY’S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”, and disputes concerning claims will be conducted under the procedures found in Exhibit “K”. XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 Packet Page 85 of 200 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT’S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT’S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT’S negligence or the negligence of the CONSULTANT’S agents or employees. The CONSULTANT’S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the STATE. B. Commercial general liability written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000) per occurrences and two million dollars ($2,000,000) in the aggregate for each policy period. C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT’S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit “L”. In no case shall the CONSULTANT’S professional liability to third parties be limited in any way. Page 6 of 8 Packet Page 86 of 200 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any “request for equitable adjustment”, hereafter referred to as “CLAIM”, under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit “M-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “M -2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “M-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “M-4” Certificate of Current Cost or Pricing Data. Exhibit “M-3” is required only in AGREEMENTS over $100,000 and Exhibit “M-4” is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 Packet Page 87 of 200 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. By By Consultant AgencyNelson Davis Page 8 of 8DOT Packet Page 88 of 200 EXHIBIT A-1 City of Edmonds Madrona Elementary Walkway Project KPG Scope of Work April 8, 2014 Purpose The purpose of the Madrona Elementary Walkway Project is to improve accessibility and safety of children walking and biking to school. Construction is anticipated during summer break of 2015. Proposed Improvements Proposed Improvements for the Madrona Elementary Walkway Project include: • Installation of 5 foot sidewalk, curb, gutter, storm water drainage, and curb ramp upgrades on the south side of 236th Street between the school driveway and Edmonds Way (SR-104) • Installation of 5 foot sidewalk connecting 236th and school entrance • Installation of sharrow pavement markings on both sides of 236th Street from Edmonds Way to the school driveway Project Assumptions • This project is funded with federal funds. • The budget assumes the project is exempt under Section 106 – Cultural Resources. • This project will be delivered as one (1) Bid Package as a stand alone project. At the City’s option, the project may be combined for bid with two other Safe Routes to School projects (238th St SW and 15th St SW) with separate bid schedules set up to correspond with the funding sources. • Due to steep gradient, it is assumed that infiltration facilities are not feasible and that added impervious surface will be mitigated with traditional detention and water quality devices located within the right of way. • Right of way / easement acquisition will not be part of this project. If it is determined that right-of-way will need to be acquired, any required property rights negotiations will be completed by the City of Edmonds. • The City will provide right-of-entry for surveying, geotechnical review, and/or construction, if required. • The City will provide bid contract document templates (contract forms, Invitation to Bid formats, etc.). • Plans will be developed using AutoCAD 2013 using KPG drafting standards. Packet Page 89 of 200 Work Element 1 Project Management The estimated project duration is 6 months but may be extended to 12 months at no additional cost. No design work will proceed after completion of 30% plans and estimate without written authorization from the City. No design work will proceed after the submittal of the 90% plans, specifications and estimate without written authorization from the City. 1.1 Provide project management administrative services including: • Project set-up and execute agreement • Execution of subcontractor agreements • Preparation of monthly progress reports and invoices. Invoice format shall be approved by City and include budget, % complete, and paid to date by task. • 5-10 minute phone discussions (every other week) for verbal progress reports • Record keeping and project closeout 1.2 Provide overall project management including: • Project staff management and coordination • Subcontractor management and coordination • Prepare and update project schedule. Schedule shall be developed and maintained by the Consultant for the life of the project. • Schedule and budget monitoring 1.3 Coordinate with City staff. Level of effort for this task is based on an average of 2 Consultant staff at up to four (4) coordination meetings. 1.4 Provide internal QA/QC reviews prior to all submittals to City. Work Element 2 Mapping Limits of survey: • 236th Street SW (Approximately 40 feet wide from north pavement edge to 10’ behind proposed sidewalk location) o 236th Street SW from Edmonds Way to approximately 125 feet west of 92nd Avenue W, including the intersection of Edmonds Way and 236th Street SW and 50 feet of all other approaches of the intersection o Approximately 250 feet from 236th Street SW (easterly driveway) to school entrance • Additional topography at driveways on south side to ensure adequate transition behind new sidewalk and evaluation of drainage issues. 2.1 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be City of Edmonds Datum. Approximately 4 control points will be established and will be made available for the construction Consultant’s use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: Packet Page 90 of 200 • Section Corners • Side street monuments • Property Corners 2.2 Field Survey and Note Reduction. Field mapping will include building faces, building corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. Perform note reduction of the field survey data. 2.3 Mapping work to prepare 1”=20’ topographic base map and digital terrain model (DTM) in AutoCAD format of the project within the limits described above. The base map will include building faces, building corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. One-foot contours will be generated from the DTM. 2.4 One-call and/or utility purveyors will mark all utility locations within the project corridor. Any service line locations and gravity storm and sewer needed for design will be field located or mapped. The consultant will be responsible to schedule and coordinate utility locates. Field survey to locate paint marks at 50-ft intervals and surface feature (valves, manholes, catch basins, junction boxes, vaults). The CONSULTANT will prepare a utility base map from this information. 2.5 Perform observation and measure-downs of existing storm drain catch basins and manholes. Document the approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size, material and location of storm drainage pipes will be documented. These observations will be made from the surface. Any required pipe video inspection or smoke testing needed to verify the condition or connectivity of drainage features within the proposed Right of Way will be performed by the City and the information will be made available to the Consultant. . 2.6 Coordinate with the utility companies and identify required locations for potholing based on the preferred design alternative. Consultant will prepare a potholing plan for review and approval by the City. If necessary, potholing needs agreed upon by the CONSULTANT and the utility owners will be performed by the utility owners and surveyed by the Consultant. Pothole locations will be marked with pins to identify depth from existing grade to top of their facilities. This information will be incorporated into the mapping accordingly. Depths of utility lines located by potholing will be designated by a symbol in the plans and provided to the construction consultant. Work Element 3 Stormwater Design 3.1 Compile and review existing stormwater data, including record drawings and previous design reports. 3.2 Determine project classification for the project site and evaluate applicable minimum requirements in accordance with ECC Chapter 18.30 and the Edmonds Stormwater Code Supplement. Document preliminary findings in a draft stormwater technical memorandum for the project site. Packet Page 91 of 200 3.3 Perform alternatives analysis for the project site as required to mitigate increased impervious surface. Identify any collection and conveyance needs resulting from proposed sidewalk improvements and meet with City of Edmonds stormwater staff to present the alternatives analysis and preliminary design prior to completing final design of the facilities. Due to the steep gradient of the roadway, it is assumed that infiltration is not feasible for this site. 3.4 Prepare final stormwater technical memorandum for the project site to document applicable stormwater management requirements, modeling, and design calculations. Assumptions: • The City will provide all available as-builts Deliverables: • Preliminary Stormwater Technical Memorandum (2 hard copies and pdf file for each memo). • Final Stormwater Technical Memorandum (2 hard copies and pdf file for each memo). Work Element 4 Environmental 4.1 Provide supporting graphics and review and comment on NEPA and SEPA documentation provided by the City. Assumptions: ♦ NEPA and SEPA documentation will be provided by the City. Deliverables: ♦ Supporting graphics and review comments of documentation. Work Element 5 Community and Agency Coordination 5.1 Provide meeting minutes and action items from City arranged project meetings with stakeholders and funding agency representatives. (Assume 1 meetings) 5.2 Distribute 30% Plans to utility owners to identify conflict areas and pothole requests. Arrange and coordinate one (1) project meeting with the utility companies. Provide meeting minutes and action items. Utility adjustments and minor relocations utilizing utility owner standard plans will be incorporated into the Plans. Relocation or upgrade designs, if required, will be provided by the utility owners. 5.3 Attend and assist in facilitation of one (1) community open house. Meeting arrangements will be made by the City. 5.4 Prepare roll-plots, cross-section exhibits, and other design exhibits as required for the public meeting, stakeholder meetings, and utility meetings. Packet Page 92 of 200 5.5 Attend up to three (3) one-on-one property owner meetings as requested by the City. Work Element 6 Right of Way Calculations Perform the following work items necessary to establish the existing right-of-way (ROW) along the corridor based on publicly available information. Title research is not anticipated or included in the project budget. 6.1 Research Records. Determine which existing corners and monuments should be field located and surveyed. 6.2 Calculations for ROW lines. Using the research information and the survey work described above, calculate location and surveyed corners, roadway features and monuments. 6.3 Incorporate existing right of way into project base map. No additional right of way or easements are anticipated. Preparation of legal descriptions is not included in this scope of work. Work Element 7 Final Design The Consultant shall provide Final Plans, Specifications and Estimates in accordance with the current WSDOT H&LP Local Agency Guidelines (LAG) Manual for review and approval by the City. 7.1 Prepare Plans: Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be stamped and signed by a licensed professional engineer in the State of Washington. A total of 23 plan sheets are anticipated as described below: ♦ Assemble a title and index sheet that would include a vicinity map. (1 sheet) ♦ Assemble a sheet for symbol and abbreviation legends, general notes (1 sheet) ♦ Prepare typical sections. (1 sheet) ♦ Prepare detail sheets. (1 sheet) ♦ Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. (3 sheets) ♦ Prepare alignment, walkway, and grading plan and profiles. These plans will include horizontal alignment information and plan views of grading, walkway alignment, and ADA ramp location, as well as limits of cut/fill required. Pedestrian facilities will conform to WSDOT standards for ADA compliance. Utility relocations and adjustments will be depicted in plan view and reference Olympic View Water and Sewer District Standard Plans. (3 sheets) ♦ Prepare private driveway plan and profile drawings. (2 sheets) ♦ Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, Packet Page 93 of 200 sharrows, stop lines and curb face painting. These plans will also show the locations and sizes of all signs. (3 sheets) ♦ Prepare drainage plan and profile sheets for new collection, conveyance piping, and treatment facilities (if required). Provide detail sheet depicting special or non-standard drainage features. (4 sheets) ♦ Prepare plans and details for signal modifications at the intersection of 236th Street SW at SR-104. This will include loop impacts, signal push button retrofits, and foundation modifications as required. No pole relocations are anticipated. (2 sheets) ♦ Prepare vehicle and pedestrian traffic control plans sufficient for WSDOT approval. Vehicular traffic control plans will be per standard K plans where applicable. (2 sheets) 7.2 Prepare and assemble the following submittals for review and comment by the City: ♦ 30% Design – Plans and Estimate Only ♦ Final Design (90% Completion Level) – Plans, Specifications and Estimate ♦ Construction Documents (100% Completion Level) – Plans, Specifications and Estimate 7.3 Perform 30%, 90% and Final Design quantity take-offs and opinion of costs. Quantity take offs will be provided with each submittal in a format acceptable to the City. 7.4 Prepare contract specifications for the 90% and Final Bid Document submittals based on current WSDOT/APWA standards (English), applicable amendments to the current WSDOT/APWA standards and applicable LAG standards. 7.5 WSDOT documentation: Prepare and submit the following project documentation as required by H&LP for funding compliance: ♦ Complete LAG Manual Design Matrix ♦ Comply and submit PS&E checklist to accompany 90% review submittal ♦ Prepare Maximum Extent Feasible (MEF) documentation for pedestrian facilities that cannot be designed to full ADA standards based on topography, existing facilities, right of way constraints, etc. ♦ Prepare and stamp required deviations, if applicable. Assumptions: ♦ Public Interest Finding (PIF) will be prepared by the City if required. Deliverables: ♦ Assemble and submit 30%, 90%, and Final levels of design. • One full size set of plans (90% and Final only) • 6 half-size sets of plans (11x17), including one unbound original Packet Page 94 of 200 • 2 copies of specs, including one unbound original (90% and Final only) • 6 copies of the opinion of cost ♦ LAG Manual Design Matrix ♦ PS&E Checklist ♦ MEF documentation (draft and final) ♦ Any required deviations (draft and final) ♦ .pdf of all submittals Work Element 8 Assistance During Bidding 8.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare one (1) addendum, unless additional addenda are necessary to correct errors or omissions by the consultant in the design plans or specifications. Management Reserve Management reserve will be used to address potential unforeseen design changes and/or additions as mutually agreed upon by the City and the CONSULTANT. ADDITIONAL SERVICES: The City of Edmonds may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Packet Page 95 of 200 Exhibit D-2 Payment (Cost Plus a Fixed Fee) DOT Form 140-089 EF Exhibit D-2 Revised 6/08 The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, “Scope of Work.” The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non-salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under “Overhead Progress Payment Rate.” Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year’s overhead cost to reflect the actual rate. Packet Page 96 of 200 Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT’S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY’S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 “Travel Cost b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person- hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled “Termination of Agreement.” 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed Packet Page 97 of 200 the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, “Extra Work.”6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non-Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Packet Page 98 of 200 EX H I B I T E - 1 HO U R A N D F E E E S T I M A T E Pr o j e c t : C i t y o f E d m o n d s Ma d r o n a E l e m e n t a r y W a l k w a y P r o j e c t Ap r i l 2 3 , 2 0 1 4 Total Fee Pr o j E n g r D e s i g n e n g r Se n i o r Pr o j e c t S en . U r b D e s La n d s c a p e S u r v e y Ta s k En g i n e e r Ma n a g e r P ro j . S u r v e y o Su r v e y o r c r e w T e c h n i c i a n C l e r i c a l Di r e c t O v e r h e a d P r o f i t E f f e c t i v e m u l t i p l i e r 64 . 9 0 $ 5 6 . 5 6 $ 40 . 1 3 $ 34 . 6 2 $ 50 . 6 5 $ 2 8 . 8 5 $ 2 1 . 6 3 $ H o u r s L a b o r C o s t 1 4 1 . 5 9 % 3 0 % 2 . 7 1 5 9 Wo r k E l e m e n t 1 - P r o j e c t M a n a g e m e n t 1. 1 P r o j e c t m a n a g e m e n t a d m i n i s t r a t i v e s e r v i c e s 0 3 0 0 0 0 3 6 2 3 5 3 3 2 7 0 637.07 $ 1. 2 Ov e r a l l P r o j e c t m a n a g e m e n t 0 6 0 0 0 0 6 1 2 4 6 9 6 6 4 1 4 1 1,274.14 $ 1. 3 C i t y s t a f f c o o r d i n a t i o n m e e t i n g s ( 4 ) 0 8 8 0 0 0 2 1 8 8 1 7 1 , 1 5 6 2 4 5 2,218.18 $ 1. 4 Q A / Q C R e v i e w s 8 4 0 0 0 0 0 1 2 7 4 5 1 , 0 5 5 2 2 4 2,024.54 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 100.00 $ 8 21 8 0 0 0 1 1 4 8 2 , 2 6 6 3,208 680 6,253.93 $ Wo r k E l e m e n t 2 - M a p p i n g 2. 1 E s t a b l i s h h o r i z o n t a l a n d v e r t i c a l c o n t r o l 0 2 0 0 8 0 0 1 0 5 1 8 7 3 4 1 5 5 1,407.71 $ 2. 2 F i e l d s u r v e y a n d n o t e r e d u c t i o n 0 0 4 8 2 0 0 0 3 2 1 , 4 5 0 2 , 0 5 4 4 3 5 3,939.30 $ 2. 3 P r e p a r e t o p o a n d D T M 0 0 4 1 6 0 4 0 2 4 8 3 0 1 , 1 7 5 2 4 9 2,253.71 $ 2. 4 L o c a t e u t i l i t y p a i n t m a r k s 0 0 0 2 8 0 0 1 0 4 7 4 6 7 2 1 4 2 1,288.53 $ 2. 5 C B a n d M H m e a s u r e d o w n s 0 0 0 2 4 0 0 6 2 7 2 3 8 5 8 2 738.29 $ 2. 6 Po t h o l e p i c k u p s 0 0 0 2 4 0 0 6 2 7 2 3 8 5 8 2 738.29 $ Re i m bu r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 300.00 $ 0 2 8 3 0 4 4 4 0 8 2 3 , 5 4 5 5,019 1 , 0 6 3 10,665.83 $ Wo r k E l e m e n t 3 - S t o r m w a t e r D e s i g n 3. 1 C o m p i l e a n d r e v i e w e x i s t i n g d a t a 0 2 0 2 0 0 0 4 1 8 2 2 5 8 5 5 495.27 $ 3. 2 St o r m w a t e r r e q u i r e m e n t s e v a l u a t i o n 0 4 0 4 0 0 0 8 3 6 5 5 1 6 1 0 9 990.54 $ 3. 3 Pe r f o r m A l t e r n a t i v e A n a l y s i s 2 4 0 8 0 0 0 1 4 6 3 3 8 9 6 1 9 0 1,719.16 $ 3. 4 S t o r m w a t e r t e c h n i c a l m e m o r a n d u m s 2 4 0 8 0 4 2 2 0 7 9 2 1 , 1 2 1 2 3 7 2,150.07 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 100.00 $ 41 4 0 2 2 0 4 2 4 6 1 , 9 7 2 2,792 592 5,455.05 $ Wo r k E l e m e n t 4 - E n v i r o n m e n t a l 4. 1 G r a p h i c a n d R e v i e w o f C i t y d o c u m e n t a t i o n 0 2 4 0 0 4 0 1 0 3 8 9 5 5 1 1 1 7 1,056.54 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s -$ 0 24 0 0 4 0 1 0 3 8 9 551 1 1 7 1,056.54 $ La b o r H o u r E s t i m a t e Ta s k T o t a l s Ta s k T o t a l De s c r i p t i o n Ta s k T o t a l Ta s k T o t a l Ci t y o f E d m o n d s Wa l k w a y s P r o j e c t s Pa g e 1 o f 5 KPG 4/23/2014 Packet Page 99 of 200 EX H I B I T E - 1 HO U R A N D F E E E S T I M A T E Pr o j e c t : C i t y o f E d m o n d s Ma d r o n a E l e m e n t a r y W a l k w a y P r o j e c t Ap r i l 2 3 , 2 0 1 4 Total Fee Pr o j E n g r D e s i g n e n g r Se n i o r Pr o j e c t S en . U r b D e s La n d s c a p e S u r v e y Ta s k En g i n e e r Ma n a g e r P ro j . S u r v e y o Su r v e y o r c r e w T e c h n i c i a n C l e r i c a l Di r e c t O v e r h e a d P r o f i t E f f e c t i v e m u l t i p l i e r 64 . 9 0 $ 5 6 . 5 6 $ 40 . 1 3 $ 34 . 6 2 $ 50 . 6 5 $ 2 8 . 8 5 $ 2 1 . 6 3 $ H o u r s L a b o r C o s t 1 4 1 . 5 9 % 3 0 % 2 . 7 1 5 9 La b o r H o u r E s t i m a t e De s c r i p t i o n Wo r k E l e m e n t 5 - C o m m u n i t y & A g e n c y C o o r d i n a t i o n 5. 1 S t a k e h o l d e r M e e t i n g s ( 1 ) 4 4 0 0 0 0 2 1 0 5 2 9 7 4 9 1 5 9 1 , 4 3 6 . 9 8 $ 5. 2 U t i l i t y c o o r d i n a t i o n ( 1 m e e t i n g s ) 2 4 0 0 0 2 2 1 0 4 5 7 6 4 7 1 3 7 1 , 2 4 1 . 1 7 $ 5. 3 C o m m u n i t y o p e n h o u s e ( 1 ) 3 3 2 0 0 0 0 8 4 4 5 6 3 0 1 3 3 1 , 2 0 7 . 5 7 $ 5. 4 P r e p a r e m e e t i n g e x h i b i t s 0 0 2 0 0 8 0 1 0 3 1 1 4 4 0 9 3 8 4 4 . 7 8 $ 5. 5 On e - o n - o n e p r o p e r t y o w n e r m e e t i n g s ( 3 ) 0 0 8 0 0 4 2 1 4 4 8 0 6 7 9 1 4 4 1,302.71 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 250.00 $ 9 11 1 2 0 0 1 4 6 5 2 2 , 2 2 1 3,145 666 6,283.21 $ Wo r k E l e m e n t 6 - R i g h t - o f - W a y C a l c u l a t i o n s 6. 1 R e s e a r c h r e c o r d s 0 0 4 0 0 0 2 6 2 0 4 2 8 9 6 1 553.39 $ 6. 2 Ca l c u l a t i o n s f o r R O W l i n e s 0 0 8 0 0 0 0 8 3 2 1 4 5 5 9 6 871.80 $ 6. 3 In c o r p o r a t e e x i s t i n g R O W i n t o b a s e m a p 0 0 0 4 0 0 0 4 1 3 8 1 9 6 4 2 376.10 $ Re i m bu r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 50.00 $ 0 0 1 2 4 0 0 2 1 8 6 6 3 939 1 9 9 1,851.29 $ Wo r k E l e m e n t 7 - F i n a l D e s i g n 7. 1 P l a n p r e p a r a t i o n 4 1 6 2 4 6 0 0 8 0 0 1 8 4 6 , 5 1 3 9 , 2 2 1 1 , 9 5 4 1 7 , 6 8 8 . 0 0 $ 7. 2 P r e p a r e s u b m i t t a l s 0 0 0 6 0 8 8 2 2 6 1 2 8 6 6 1 8 3 1,660.94 $ 7. 3 Q u a n t i t y a n d c o s t e s t i m a t i n g 0 2 4 8 0 0 0 1 4 5 5 1 7 8 0 1 6 5 1,495.32 $ 7. 4 P r e p a r e s p e c i f i c a t i o n s 2 1 6 1 6 1 2 0 0 4 5 0 2 , 1 7 9 3 , 0 8 5 6 5 4 5,917.19 $ 7. 5 W S D O T d o c u m e n t a t i o n 2 8 8 8 0 8 4 3 8 1 , 4 9 8 2 , 1 2 0 4 4 9 4,067.22 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 1,700.00 $ 8 4 2 5 2 9 4 0 9 6 1 6 3 0 8 1 1 , 3 5 1 16,072 3,405 32,528.67 $ Wo r k E l e m e n t 8 - A s s i s t a n c e D u r i n g B i d d i n g 8. 1 A d d e n d u m a n d R e s p o n d t o b i d d e r s q u e s t i o n s 0 2 2 2 0 2 2 1 0 3 6 4 5 1 5 1 0 9 987.42 $ Re i m bu r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 50.00 $ 0 22 2 0 2 2 1 0 3 6 4 515 109 1,037.42 $ 29 9 4 9 8 1 5 2 4 4 1 2 4 3 9 5 7 4 2 2 7 7 1 3 2 2 4 1 6 8 3 1 65,131.94 $ Ma n a g e m e n t R e s e r v e ( 5 % ) 3,256.60 $ To t a l E s t i m a t e d F e e 6 8 , 3 8 8 . 5 4 $ Ta s k T o t a l Ta s k T o t a l Ta s k T o t a l TO T A L H O U R S A N D E S T I M A T E D F E E Ta s k T o t a l Ci t y o f E d m o n d s Wa l k w a y s P r o j e c t s Pa g e 2 o f 5 KPG 4/23/2014 Packet Page 100 of 200 EX H I B I T E- 1 HO U R A N D F E E E S T I M A T E Pr o j e c t : C i t y o f E d m o n d s Ma d r o n a E l e m e n t a r y W a l k w a y P r o j e c t Ap r i l 2 3 , 2 0 1 4 Re i m b u r s a b l e B r e a k d o w n Wo r k E l e m e n t 1 - P r o j e c t M a n a g e m e n t Mi l e a g e 50.00 $ Re p r o d u c t i o n 50.00 $ Ta s k 1 - T o t a l 100.00 $ Wo r k E l e m e n t 2 - M a p p i n g Mi l e a g e 300.00 $ Re p r o d u c t i o n -$ Ta s k 2 - T o t a l 300.00 $ Wo r k E l e m e n t 3 - S t o r m w a t e r D e s i g n Mi l e a g e 50.00 $ Re p r o d u c t i o n 50.00 $ Ta s k 3 - T o t a l 100.00 $ Wo r k E l e m e n t 4 - E n v i r o n m e n t a l Mi l e a g e -$ Re p r o d u c t i o n -$ Ta s k 4 - T o t a l -$ Ci t y o f E d m o n d s Wa l k w a y s P r o j e c t s Pa g e 3 o f 5 KPG 4/23/2014 Packet Page 101 of 200 EX H I B I T E- 1 HO U R A N D F E E E S T I M A T E Pr o j e c t : C i t y o f E d m o n d s Ma d r o n a E l e m e n t a r y W a l k w a y P r o j e c t Ap r i l 2 3 , 2 0 1 4 Re i m b u r s a b l e B r e a k d o w n Wo r k E l e m e n t 5 - C o m m u n i t y & A g e n c y C o o r d i n a t i o n Mi l e a g e 50.00 $ Re p r o d u c t i o n 200.00 $ Ta s k 5 - T o t a l 250.00 $ W or k E l e m e n t 6 - R i g h t - o f - W a y C a l c u l a t i o n s Mi l e a g e -$ Re p r o d u c t i o n 50.00 $ T as k 6 - T o t a l 50.00 $ W or k E l e m e n t 7 - F i n a l D e s i g n Mi l e a g e 200.00 $ R ep r o d u c t i o n 1,500.00 $ T as k 7 - T o t a l 1,700.00 $ W or k E l e m e n t 8 - A s s i s t a n c e D u r i n g B i d d i n g Mi l e a g e -$ Re p r o d u c t i o n 50.00 $ T as k 8 - T o t a l 50.00 $ Re im b u r s a b l e S u b t o t a l 2,550.00 $ A dm i n i s t r a t i v e f e e s o n r e i m b u r s a b l e s ( 0 % ) -$ TO T A L R E I M B U R S A B L E S 2,550.00 $ Ci t y o f E d m o n d s Wa l k w a y s P r o j e c t s Pa g e 4 o f 5 KPG 4/23/2014 Packet Page 102 of 200 EXHIBIT E-1 FEE SUMMARY Project:City of Edmonds Madrona Elementary Walkway Project April 23, 2014 Description Work Element 1 - Project Management $6,253.93 Work Element 2 - Mapping $10,665.83 Work Element 3 - Stormwater Design $5,455.05 Work Element 4 - Environmental $1,056.54 Work Element 5 - Community & Agency Coordination $6,283.21 Work Element 6 - Right-of-Way Calculations $1,851.29 Work Element 7 - Final Design $32,528.67 Work Element 8 - Assistance During Bidding $1,037.42 Subtotal $65,131.94 Management Reserve (5%) $3,256.60 Total Estimated Fee $68,388.54 Estimated Fee City of Edmonds Walkways Projects Page 5 of 5 KPG 4/23/2014 Packet Page 103 of 200 Packet Page 104 of 200 Packet Page 105 of 200 Packet Page 106 of 200 Packet Page 107 of 200 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: No subcontracts anticipated. DOT Form 140-089 EF Exhibit G Revised 6/05 Packet Page 108 of 200 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT’S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT’S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit HRevised 6/05 Packet Page 109 of 200 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Packet Page 110 of 200 Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6/05 Packet Page 111 of 200 Exhibit J Alleged Consultant Design Error Procedures DOT Form 140-089 EF Exhibit J Revised 6/05 The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 – Potential Consultant Design Error(s) is Identified by Agency’s Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 – Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 – Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region Packet Page 112 of 200 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 – Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General’s Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Packet Page 113 of 200 Exhibit K Consultant Claim Procedures DOT Form 140-089 EF Exhibit K Revised 6/05 The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 – Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 – Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. Packet Page 114 of 200 If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. Step 3 – Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency’s summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 – Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 – Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 – Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Packet Page 115 of 200 Exhibit M-1(a) Certification Of Consultant I hereby certify that I am representative of the firm of whose address is and that neither I nor the above firm I here represent has: and duly authorized (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Local Agency Date Signature Project No.13137C Nelson Davis 753 9th Ave North, Seattle, WA 98109 City of Edmonds KPG, P.S. DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Packet Page 116 of 200 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: , (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature the City of Edmonds DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Packet Page 117 of 200 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions Consultant (Firm): (Date)(Signature) President or Authorized Official of Consultant KPG, P.S. DOT Form 140-089 EF Exhibit M-2 Revised 6/05 I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Packet Page 118 of 200 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying Consultant (Firm): (Date)(Signature) President or Authorized Official of Consultant KPG, P.S. DOT Form 140-089 EF Exhibit M-3Revised 6/05 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Packet Page 119 of 200 Exhibit M-4 Certificate of Current Cost or Pricing Data Name Title Date of Execution*** This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of are accurate, complete, and current as of **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. the Madrona Elementary Walkway Project April 23, 2014 Firm Principal April 23, 2014 KPG, P.S. Nelson Davis DOT Form 140-089 EF Exhibit M-4Revised 6/05 * Packet Page 120 of 200 © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION WGS_1984_Web_Mercator_Auxiliary_Sphere Feet Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 313.810 1:7,531 Madrona Walkway 627.6 Packet Page 121 of 200    AM-6847     3. E.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted For:Rob English Submitted By:Robert English Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Report on final construction costs for the Main Street Lighting and Sidewalk Enhancements Project and acceptance of project. Recommendation Forward the item to the consent agenda for approval at the May 20, 2014 City Council meeting. Previous Council Action On May 15, 2012, the City Council authorized staff to advertise for construction bids for the Main St. Improvement Project.  On August 14, 2012, the City Council approved a resolution to reject all bids received on August 9, 2012 for the Main Street Decorative Lighting and Sidewalk Enhancements Project (5th Ave to 6th Ave). On August 28, 2012, the City Council authorized the award of the Main Street Decorative Lighting and Sidewalk Enhancements contract to Interwest Construction, Inc. in the amount of $1,092,552.65. Narrative The Main Street Decorative Lighting and Sidewalk Enhancements Project is complete and constructed new streetscape improvements between 5th and 6th Avenues. Improvements included new and wider sidewalks, curb and gutter, street trees, street lighting, mid-block pedestrian crosswalk, flower basket poles, public art, benches, trash receptacles and bike racks. The project also replaced an aging watermain, installed new stormwater pipes and infiltration system and removed the overhead utilities and poles. The project costs were funded by federal and state transportation grants, water and stormwater utility funds and the Street 112 fund.  In January, the project received a Silver Award for Social, Economic and Sustainable Design Considerations from the American Council of Engineering Companies (ACEC) of Washington.  The contract award amount was $1,092,553 and Council approved a management reserve of $109,300. There were twelve approved change orders for extra work related to removal of concrete pavement beneath the existing roadway, providing a variable message sign, overtime work, additional flagging, surveys and miscellaneous work. The final cost paid to Interwest Construction, Inc. was $1,106,118.  Form Review Inbox Reviewed By Date Engineering Robert English 05/08/2014 01:54 PM City Clerk Scott Passey 05/08/2014 01:58 PM Mayor Dave Earling 05/08/2014 03:29 PM Finalize for Agenda Scott Passey 05/08/2014 04:59 PM Form Started By: Robert English Started On: 05/08/2014 11:15 AM Final Approval Date: 05/08/2014  Packet Page 122 of 200    AM-6839     3. F.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted For:Ryan Hague Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign a Professional Services Agreement with KPG, P.S. for design of walkway improvements to 238 th St. S.W. from 100th Ave W to 104th Ave. W. Recommendation Forward the item to the consent agenda for approval at May 20, 2014 City Council meeting. Previous Council Action On December 10, 2013, the Parks, Planning and Public Works committee reviewed this item and recommended it be forwarded to full Council for discussion. On January 14, 2014, the Parks, Planning and Public Works committee reviewed this item and recommended it be placed on the consent agenda for approval. Narrative The City was awarded three Safe Routes to School grants in 2013 to fund the design and construction of walkways on 15th St. SW, 236th St. SW and 238th St. SW. In accordance with the City’s purchasing policy, the City issued a Request for Qualifications (RFQ) to hire a consultant to design the three walkways. The City received statements of qualifications from four engineering firms and the selection committee chose KPG, P.S. to provide design services based on their qualifications, experience and approach. In December 2013 and January 2014, staff presented a preliminary scope of work to the Planning, Parks and Public Works (PPP) committee with the goal of scheduling a finalized agreement for approval at a future City Council meeting. In late December, KPG’s project manager left the firm and the project was reassigned to a new project manager. In February, KPG’s new project manager had an extended leave of absence due to a family issue which delayed finalizing the project’s scope and fee. During that time period, WSDOT also issued new guidance for the review of consultant overhead rates on projects that receive federal funds. For these reasons, plus a change in the City’s project manager, led to a delay in completing the final scope and fee for all three walkway projects.  The walkway project is being combined with an existing stormwater project that will improve stormwater drainage along 238th St. The attached agreement is for professional services to design the walkway on 238th St and the storm drainage improvements. The total proposed fee is $183,807 and includes an $8,753 management reserve that may be authorized by the City to resolve unforeseen conditions. The design costs will be funded by the grant and stormwater utility funds.  The key tasks in the scope of work include the design of the stormwater improvements and development of the contract plans, specifications and estimate. The scope of work also includes a task to support staff with property owner meetings and a public open house after the 30% designs are complete. The tentative schedule is to complete the design phase by early 2015 and begin construction in spring 2015. Attachments KPG Agreement Packet Page 123 of 200 Project Map Form Review Inbox Reviewed By Date Engineering Megan Luttrell 05/08/2014 12:02 PM City Clerk Scott Passey 05/08/2014 12:03 PM Mayor Dave Earling 05/08/2014 12:07 PM Finalize for Agenda Scott Passey 05/08/2014 12:31 PM Form Started By: Megan Luttrell Started On: 05/06/2014 03:04 PM Final Approval Date: 05/08/2014  Packet Page 124 of 200 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and KPG, P.S. hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consultant services with respect to the 238th Street SW Walkway with Stormwater Project; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the fee schedule found in Exhibit B, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $183,806.46. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City Engineer three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. Packet Page 125 of 200 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Page 126 of 200 Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker’s Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant’s professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City’s prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten days in advance of the effective date of said termination. Packet Page 127 of 200 11. Integration. The Agreement between the parties shall consist of this document, the Scope of Services attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Packet Page 128 of 200 The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: KPG, P.S. 2502 Jefferson Ave Tacoma, WA 98402 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS _______ DAY OF __________________, 20_____. CITY OF EDMONDS KPG, P.S. By By David O. Earling, Mayor Its ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Office of the City Attorney Packet Page 129 of 200 STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 130 of 200 EXHIBIT A City of Edmonds 238th Street SW Walkway with Stormwater Project KPG Scope of Work April 23, 2014 Purpose The purpose of the 238th Street SW Walkway with Stormwater Project is to improve accessibility and safety of children walking and biking to school as well as improve stormwater facilities along the corridor. Proposed Improvements Proposed Improvements for this project include: • Installation of 1,200 feet of 5 foot sidewalk, curb and gutter along one side of the street from 100th Avenue W to 104th Avenue W including curb ramps, to include receiving ramps at both ends of the corridor, driveways, and storm system replacement. • Sharrow pavement markings. • Overlay 238th Street SW from 100th Avenue W to 104th Avenue (Task 3 Local Funds). • Rain gardens, pervious pavement sidewalks, and other LID techniques will be evaluated for this corridor (Task 3 Local Funds). Project Assumptions • This project is funded with local (Task 3) and state (All other Tasks) funds. • The budget assumes the project is exempt under Executive Order 0505 – Cultural Resources. • This project will be delivered as one (1) Bid Package as a stand alone project. At the City’s option, the project may be combined for bid with two other Safe Routes to School projects (Madrona Elementary and 15th St SW) with separate bid schedules set up to correspond with the funding sources. • Right of way / easement acquisition will not be part of this project. If it is determined that right-of-way will need to be acquired, any required property rights negotiations will be completed by the City of Edmonds. • The City will provide all available soils reports available for the 238th Street SW corridor. • The available soils report for the 238th Street SW corridor contains sufficient information to design the LID elements for this project. • The City will provide topographic base maps in AutoCAD format for use as the design base map. • The City will provide right-of-entry for surveying, geotechnical review, and/or construction, if required. • The City will provide bid contract document templates (contract forms, Invitation to Bid formats, etc.). • Plans will be developed using AutoCAD 2013 using KPG drafting standards. Packet Page 131 of 200 Work Element 1 Project Management The estimated project duration is 6 months but may be extended to 12 months at no additional cost. No design work will proceed after completion of 30% plans and estimate without written authorization from the City. No design work will proceed after the submittal of the 90% plans, specifications and estimate without written authorization from the City. 1.1 Provide project management administrative services including: • Project set-up and execute agreement • Execution of subcontractor agreements • Preparation of monthly progress reports and invoices • 5-10 minute phone discussions (every other week) for verbal progress reports • Record keeping and project closeout 1.2 Provide overall project management including: • Project staff management and coordination • Subcontractor management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.3 Coordinate with City staff. Level of effort for this task is based on an average of 2 Consultant staff at up to four (4) coordination meetings. 1.4 Provide internal QA/QC reviews prior to all submittals to City. Work Element 2 Mapping 2.1 The Consultant shall review the site and work collaboratively with the City to determine which side of the street the sidewalk will be placed. 2.2 Based on the outcome of this review, the Consultant shall review site conditions compared to the existing survey provided by the City and provide additional pickups where required. Budget allowance for additional survey is included in Exhibit B. It is anticipated this will include a localized drainage issue at 23615 104th Street. Work Element 3 Stormwater and Overlay Design 3.1 Compile and review existing stormwater data, including record drawings and previous design reports. Meet with City of Edmonds stormwater staff to discuss previously completed design work. Perform site visit. 3.2 Determine project classification for the project site and evaluate applicable minimum requirements in accordance with ECC Chapter 18.30 and the Edmonds Stormwater Code Supplement. Document preliminary findings in a draft stormwater technical memorandum for the project site. Packet Page 132 of 200 3.3 Perform alternatives analysis, preliminary and final design for low impact development or other infiltration techniques for the project site as required to mitigate increased impervious surface and to improve existing storm system. Meet with City of Edmonds stormwater staff to present the alternatives analysis and preliminary design prior to completing final design of the facilities. 3.4 Create a hydrologic and hydraulic model for new 238th Street SW storm drain that includes the Hickman Park infiltration system and upstream tributary basin areas. XP Storm will be used for modeling. Basin areas and hydrologic modeling parameters will be provided by the City. Run model to evaluate pipe sizing and to predict performance of the Hickman Park system with the additional tributary area conveyed to it. 3.5 Evaluate the pre-treatment capacity of the existing infiltration system in Hickman Park. Design an upstream pre-treatment facility (e.g. CDS or Vortechs unit) if the existing pre- treatment capacity is found to be insufficient. A potential revision to the existing infiltration system’s flow distribution will also be evaluated as part of this effort. 3.6 Prepare final stormwater technical memorandum to document applicable stormwater management requirements, modeling, and design calculations. 3.7 Prepare 30% Drainage and Overlay Plans and Details (estimate 8 sheets) and incorporate into the Task 7 30% Submittal. The overlay of 238th Street SW will include existing surface utilities which require adjustment to grade and approximate locations of pavement/subgrade repairs. 3.8 Incorporate 30% comments and prepare 90% Drainage and Overlay Plans and incorporate into the Task 7 90% Submittal. 3.9 Perform 30%, 90% and Final Design quantity take-offs and opinion of costs. Quantity take offs will be provided with each submittal in a format acceptable to the City. 3.10 Prepare contract specifications for the 90% and Final Bid Document submittals based on current WSDOT/APWA standards (English), applicable amendments to the current WSDOT/APWA standards and applicable LAG standards. Assumptions: • The projects will utilize Low Impact Development techniques or other infiltration methods for stormwater management, where required. • The previously proposed infiltration trench in 101st Ave W will not be included in this project. • The City will provide as-built drawings and design information for the Hickman Park infiltration system, including sub-basin and hydrologic parameters for the upstream basin. This information will be incorporated into the hydrologic and hydraulic model as provided without addition basin analysis. Deliverables: • Preliminary Stormwater Technical Memorandum (2 hard copies and pdf file for each memo). • Final Stormwater Technical Memorandum (2 hard copies and pdf file for each Packet Page 133 of 200 memo). • Preliminary and Final Plans, Specifications and Estimates will be included in the Task 7 submittals Work Element 4 Environmental 4.1 Provide supporting graphics and review and comment on SEPA documentation provided by the City. Assumptions: ♦ SEPA documentation will be provided by the City. Deliverables: ♦ Supporting graphics and review comments of documentation. Work Element 5 Community and Agency Coordination 5.1 Provide meeting minutes and action items from City arranged project meetings with stakeholders and funding agency representatives. (Assume 2 meetings) 5.2 Distribute 30% Plans to utility owners to identify conflict areas and pothole requests. Arrange and coordinate up to two (2) project meetings with the utility companies. Provide meeting minutes and action items. Utility adjustments and minor relocations utilizing utility owner standard plans will be incorporated into the Plans. Relocation or upgrade designs, if required, will be provided by the utility owners. 5.3 Attend and assist in facilitation of one (1) community open house. Meeting arrangements will be made by the City. 5.4 Prepare roll-plots, cross-section exhibits, and other design exhibits as required for the public meeting, stakeholder meetings, and utility meetings. 5.5 Attend up to three (3) one-on-one property owner meetings as requested by the City. Work Element 6 Right of Way Calculations Perform the following work items necessary to establish the existing right-of-way (ROW) along the corridor based on publicly available information. Title research is not anticipated or included in the project budget. 6.1 Research Records. Determine which existing corners and monuments should be field located and surveyed. 6.2 Calculations for ROW lines. Using the research information and the survey work described above, calculate location and surveyed corners, roadway features and monuments. 6.3 Incorporate existing right of way into project base map. No additional right of way or Packet Page 134 of 200 easements are anticipated. Preparation of legal descriptions is not included in this scope of work. Work Element 7 Final Design The Consultant shall provide Final Plans, Specifications and Estimates in accordance with the current WSDOT H&LP Local Agency Guidelines (LAG) Manual for review and approval by the City. This task applies to the sidewalk improvements only and will be combined with the Task 5 drainage and overlay plans and specifications at each submittal. 7.1 Prepare Plans: Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be stamped and signed by a licensed professional engineer in the State of Washington. A total of 20 plan sheets are anticipated as described below: ♦ Assemble a title and index sheet that would include a vicinity map. (1 sheet) ♦ Assemble a sheet for symbol and abbreviation legends, general notes (1 sheet) ♦ Prepare typical sections. (1 sheet) ♦ Prepare detail sheets. (1 sheet) ♦ Prepare site preparation and erosion control plans. These plans will include all demolition and erosion control, and will provide grading limits. (3 sheets) ♦ Prepare alignment, walkway, and grading plan and profiles. These plans will include horizontal alignment information and plan views of grading, walkway alignment, and ADA ramp location, as well as limits of cut/fill required. Pedestrian facilities will conform to WSDOT standards for ADA compliance. Utility relocations and adjustments will be depicted in plan view and reference Olympic View Water and Sewer District Standard Plans. (3 sheets) ♦ Prepare private driveway plan and profile drawings. (3 sheets) ♦ Prepare channelization and signing plans. These plans will delineate the locations of all pavement markings including lane lines, crosswalks, turn arrows, sharrows, stop lines and curb face painting. These plans will also show the locations and sizes of all signs. (3 sheets) ♦ Prepare plans and details for signal modifications at the intersection of 238th Street SW at 100th Avenue W. This will include loop impacts, signal push button retrofits, and foundation modifications as required. No pole relocations are anticipated. (2 sheets) ♦ Prepare vehicle and pedestrian traffic control plans sufficient for WSDOT approval. Vehicular traffic control plans will be per standard K plans where applicable. (2 sheets) 7.2 Prepare and assemble the following submittals for review and comment by the City: ♦ 30% Design – Plans and Estimate Only ♦ Final Design (90% Completion Level) – Plans, Specifications and Estimate Packet Page 135 of 200 ♦ Construction Documents (100% Completion Level) – Plans, Specifications and Estimate 7.3 Perform 30%, 90% and Final Design quantity take-offs and opinion of costs. Quantity take offs will be provided with each submittal in a format acceptable to the City. 7.4 Prepare contract specifications for the 90% and Final Bid Document submittals based on current WSDOT/APWA standards (English), applicable amendments to the current WSDOT/APWA standards and applicable LAG standards. Assumptions: ♦ Public Interest Finding (PIF) will be prepared by the City if required. Deliverables: ♦ Assemble and submit 30%, 90%, and Final levels of design. • One full size set of plans (90% and Final only) • 6 half-size sets of plans (11x17), including one unbound original • 2 copies of specs, including one unbound original (90% and Final only) • 6 copies of the opinion of cost ♦ .pdf of all submittals Work Element 8 Assistance During Bidding 8.1 Prepare addenda and respond to bidders questions relayed through the City. It is assumed that the CONSULTANT will prepare up to two (2) addendum, unless additional addenda are necessary to correct errors or omissions by the consultant in the design plans or specifications. Management Reserve Management reserve will be used to address potential unforeseen design changes and/or additions as mutually agreed upon by the City and the CONSULTANT. ADDITIONAL SERVICES: The City of Edmonds may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Packet Page 136 of 200 EX H I B I T B HO U R A N D F E E E S T I M A T E Pr o j e c t : C i t y o f E d m o n d s 23 8 t h S t r e e t S W W a l k w a y w i t h S t o r m w a t e r P r o j e c t Ma y 5 , 2 0 1 4 Total Fee Pr o j E n g r D e s i g n e n g r Se n i o r Pr o j e c t S en . U r b D e s La n d s c a p e S u r v e y Ta s k En g i n e e r Ma n a g e r P ro j . S u r v e y o Su r v e y o r c r e w T e c h n i c i a n C l e r i c a l Di r e c t O v e r h e a d P r o f i t E f f e c t i v e m u l t i p l i e r 64 . 9 0 $ 5 6 . 5 6 $ 40 . 1 3 $ 34 . 6 2 $ 50 . 6 5 $ 2 8 . 8 5 $ 2 1 . 6 3 $ H o u r s L a b o r C o s t 1 4 1 . 4 5 % 3 0 % 2 . 7 1 4 5 Wo r k E l e m e n t 1 - P r o j e c t M a n a g e m e n t 1. 1 P r o j e c t m a n a g e m e n t a d m i n i s t r a t i v e s e r v i c e s 6 6 0 0 0 0 6 1 8 8 5 9 1 , 2 1 4 2 5 8 2,330.51 $ 1. 2 O v e r a l l P r o j e c t m a n a g e m e n t 6 8 0 0 0 0 6 2 0 9 7 2 1 , 3 7 4 2 9 1 2,637.57 $ 1. 3 C i t y s t a f f c o o r d i n a t i o n m e e t i n g s ( 4 ) 8 8 8 0 0 0 4 2 8 1 , 3 7 9 1 , 9 5 1 4 1 4 3,743.84 $ 1. 4 Q A / Q C R e v i e w s 8 4 0 0 0 0 0 1 2 7 4 5 1 , 0 5 4 2 2 4 2,023.50 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 100.00 $ 28 2 6 8 0 0 0 1 6 7 8 3 , 9 5 5 5,594 1 , 1 8 6 10,835.41 $ Wo r k E l e m e n t 2 - M a p p i n g 2. 1 R e v i e w s i t e t o d e t e r m i n e s i d e w a l k l o c a t i o n 2 4 8 0 8 0 0 2 2 1 , 0 8 2 1 , 5 3 1 3 2 5 2,937.74 $ 2. 2 R e v i e w o f C i t y s u r v e y / a d d i t i o n a l s u r v e y a l l o w . 0 0 4 1 6 2 0 0 0 4 0 1 , 7 2 7 2 , 4 4 3 5 1 8 4,689.08 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 50.00 $ 2 4 1 2 1 6 2 8 0 0 6 2 2 , 8 1 0 3,974 843 7,626.82 $ Wo r k E l e m e n t 3 - S t o r m w a t e r a n d O v e r l a y D e s i g n ( L o c a l F u n d s ) 3. 1 C o m p i l e a n d r e v i e w e x i s t i n g d a t a 2 8 8 0 0 0 2 2 0 9 4 7 1 , 3 3 9 2 8 4 2,569.38 $ 3. 2 S t o r m w a t e r r e q u i r e m e n t s e v a l u a t i o n 0 8 1 6 0 0 0 4 2 8 1 , 1 8 1 1 , 6 7 1 3 5 4 3,205.82 $ 3. 3 P e r f o r m A l t e r n a t i v e A n a l y s i s 4 1 2 2 4 8 0 0 0 4 8 2 , 1 7 8 3 , 0 8 1 6 5 3 5,912.94 $ 3. 4 H y d r o l o g i c a n d h y d r a u l i c m o d e l i n g 0 8 2 4 0 0 0 0 3 2 1 , 4 1 5 2 , 0 0 2 4 2 5 3,842.32 $ 3. 5 E v a l u a t e P r e - T r e a m e n t C a p a c i t y 4 8 1 6 0 0 0 0 2 8 1 , 3 5 4 1 , 9 1 5 4 0 6 3,675.65 $ 3. 6 S t o r m w a t e r t e c h n i c a l m e m o r a n d u m s 4 1 2 4 0 0 0 0 8 6 4 2 , 7 1 6 3 , 8 4 2 8 1 5 7,373.56 $ 3. 7 P r e p a r e 3 0 % O v e r l a y a n d D r a i n a g e P l a n s 4 1 6 4 0 8 0 0 1 0 0 4 2 4 4 8 , 5 1 1 1 2 , 0 3 8 2 , 5 5 3 2 3 , 1 0 2 . 2 4 $ 3. 8 P r e p a r e 9 0 % O v e r l a y a n d D r a i n a g e P l a n s 8 2 4 6 0 8 0 0 1 2 0 4 2 9 6 1 0 , 6 0 2 1 4 , 9 9 7 3 , 1 8 1 2 8 , 7 7 9 . 8 3 $ 3. 9 O v e r l a y a n d D r a i n a g e Q T O a n d E s t i m a t e s 2 4 8 8 0 4 0 2 6 1 , 0 6 9 1 , 5 1 3 3 2 1 2,902.89 $ 3. 1 0 O v e r l a y a n d D r a i n a g e S p e c s 4 1 6 2 4 8 0 0 8 6 0 2 , 5 7 8 3 , 6 4 6 7 7 3 6,996.79 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 700.00 $ 32 1 1 6 2 6 0 1 8 4 0 2 2 4 3 0 8 4 6 3 2 , 5 5 2 46,044 9,765 89,061.43 $ Wo r k E l e m e n t 4 - E n v i r o n m e n t a l 4. 1 G r a p h i c a n d R e v i e w o f C i t y d o c u m e n t a t i o n 0 2 4 0 0 8 0 1 4 5 0 4 7 1 4 1 5 1 1,369.25 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s -$ 02 4 0 0 8 0 1 4 5 0 4 714 1 5 1 1,369.25 $ La b o r H o u r E s t i m a t e Ta s k T o t a l s Ta s k T o t a l Ta s k T o t a l De s c r i p t i o n Ta s k T o t a l Ci t y o f E d m o n d s Pa g e 1 o f 5 KPG 5/5/2014 Packet Page 137 of 200 EX H I B I T B HO U R A N D F E E E S T I M A T E Pr o j e c t : C i t y o f E d m o n d s 23 8 t h S t r e e t S W W a l k w a y w i t h S t o r m w a t e r P r o j e c t Ma y 5 , 2 0 1 4 Total Fee Pr o j E n g r D e s i g n e n g r Se n i o r Pr o j e c t S en . U r b D e s La n d s c a p e S u r v e y Ta s k En g i n e e r Ma n a g e r P ro j . S u r v e y o Su r v e y o r c r e w T e c h n i c i a n C l e r i c a l Di r e c t O v e r h e a d P r o f i t E f f e c t i v e m u l t i p l i e r 64 . 9 0 $ 5 6 . 5 6 $ 40 . 1 3 $ 34 . 6 2 $ 50 . 6 5 $ 2 8 . 8 5 $ 2 1 . 6 3 $ H o u r s L a b o r C o s t 1 4 1 . 4 5 % 3 0 % 2 . 7 1 4 5 La b o r H o u r E s t i m a t e De s c r i p t i o n Wo r k E l e m e n t 5 - C o m m u n i t y & A g e n c y C o o r d i n a t i o n 5. 1 S t a k e h o l d e r M e e t i n g s ( 1 ) 4 4 0 0 0 0 2 1 0 5 2 9 7 4 8 1 5 9 1 , 4 3 6 . 2 4 $ 5. 2 U t i l i t y c o o r d i n a t i o n ( 1 m e e t i n g s ) 2 4 0 0 0 2 2 1 0 4 5 7 6 4 6 1 3 7 1 , 2 4 0 . 5 3 $ 5. 3 C o m m u n i t y o p e n h o u s e ( 1 ) 4 4 4 0 0 0 0 1 2 6 4 6 9 1 4 1 9 4 1 , 7 5 4 . 4 9 $ 5. 4 P r e p a r e m e e t i n g e x h i b i t s 0 0 8 0 0 8 0 1 6 5 5 2 7 8 1 1 6 6 1 , 4 9 7 . 8 6 $ 5. 5 O n e - o n - o n e p r o p e r t y o w n e r m e e t i n g s ( 3 ) 0 0 8 0 0 4 2 1 4 4 8 0 6 7 8 1 4 4 1 , 3 0 2 . 0 4 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 250.00 $ 10 1 2 2 0 0 0 1 4 6 6 2 2 , 6 6 4 3,768 799 7,481.16 $ Wo r k E l e m e n t 6 - R i g h t - o f - W a y C a l c u l a t i o n s 6. 1 R e s e a r c h r e c o r d s 0 0 8 0 0 0 0 8 3 2 1 4 5 4 9 6 871.35 $ 6. 2 C a l c u l a t i o n s f o r R O W l i n e s 0 0 1 2 0 0 0 0 1 2 4 8 2 6 8 1 1 4 4 1,307.03 $ 6. 3 I n c o r p o r a t e e x i s t i n g R O W i n t o b a s e m a p 0 0 0 8 0 0 0 8 2 7 7 3 9 2 8 3 751.81 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 100.00 $ 0 0 2 0 8 0 0 0 2 8 1 , 0 7 9 1,527 324 3,030.19 $ Wo r k E l e m e n t 7 - F i n a l D e s i g n 7. 1 P l a n p r e p a r a t i o n 16 4 0 6 0 1 0 0 0 1 6 0 0 3 7 6 1 3 , 7 8 6 1 9 , 5 0 1 4 , 1 3 6 3 7 , 4 2 2 . 9 1 $ 7. 2 P r e p a r e s u b m i t t a l s 0 0 0 8 0 8 8 2 4 6 8 1 9 6 3 2 0 4 1,848.03 $ 7. 3 Q u a n t i t y a n d c o s t e s t i m a t i n g 0 4 1 2 8 0 8 0 3 2 1 , 2 1 6 1 , 7 1 9 3 6 5 3,299.47 $ 7. 4 P r e p a r e s p e c i f i c a t i o n s 8 2 4 1 6 8 0 0 1 2 6 8 3 , 0 5 5 4 , 3 2 2 9 1 7 8,293.23 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 1,050.00 $ 24 6 8 8 8 1 2 4 0 1 7 6 2 0 5 0 0 1 8 , 7 3 8 26,505 5,621 51,913.65 $ Wo r k E l e m e n t 8 - A s s i s t a n c e D u r i n g B i d d i n g 8. 1 A d d e n d a a n d R e s p o n d t o b i d d e r s q u e s t i o n s 2 4 8 8 0 8 8 3 8 1 , 3 5 8 1 , 9 2 1 4 0 7 3,685.86 $ Re i m b u r s a b l e e x p e n s e s - s e e b r e a k d o w n f o r d e t a i l s 50.00 $ 24 8 8 0 8 8 3 8 1 , 3 5 8 1,921 407 3,735.86 $ 98 2 3 2 4 2 0 3 4 0 2 8 4 3 0 8 0 1 6 2 8 6 3 6 6 0 9 0 0 4 6 1 9 0 9 8 $ 1 7 5 , 0 5 4 Ma n a g e m e n t R e s e r v e ( 5 % ) $8,752.69 To t a l E s t i m a t e d F e e $ 1 8 3 , 8 0 6 . 4 6 Ta s k T o t a l Ta s k T o t a l TO T A L H O U R S A N D E S T I M A T E D F E E Ta s k T o t a l Ta s k T o t a l Ci t y o f E d m o n d s Pa g e 2 o f 5 KPG 5/5/2014 Packet Page 138 of 200 EX H I B I T B HO U R A N D F E E E S T I M A T E Pr o j e c t : C i t y o f E d m o n d s 23 8 t h S t r e e t S W W a l k w a y w i t h S t o r m w a t e r P r o j e c t Ma y 5 , 2 0 1 4 Re i m b u r s a b l e B r e a k d o w n Wo r k E l e m e n t 1 - P r o j e c t M a n a g e m e n t Mi l e a g e 50.00 $ Re p r o d u c t i o n 50.00 $ Ta s k 1 - T o t a l 100.00 $ Wo r k E l e m e n t 2 - M a p p i n g Mi l e a g e -$ Re p r o d u c t i o n 50.00 $ Ta s k 2 - T o t a l 50.00 $ Wo r k E l e m e n t 3 - S t o r m w a t e r a n d O v e r l a y D e s i g n ( L o c a l F u n d s ) Mi l e a g e 200.00 $ Re p r o d u c t i o n 500.00 $ Ta s k 3 - T o t a l 700.00 $ Wo r k E l e m e n t 4 - E n v i r o n m e n t a l Mi l e a g e -$ Re p r o d u c t i o n -$ Ta s k 4 - T o t a l -$ Wo r k E l e m e n t 5 - C o m m u n i t y & A g e n c y C o o r d i n a t i o n Mi l e a g e 50.00 $ Re p r o d u c t i o n 200.00 $ Ta s k 5 - T o t a l 250.00 $ Wo r k E l e m e n t 6 - R i g h t - o f - W a y C a l c u l a t i o n s Mi l e a g e -$ Re p r o d u c t i o n 100.00 $ Ta s k 6 - T o t a l 100.00 $ Wo r k E l e m e n t 7 - F i n a l D e s i g n Mi l e a g e 300.00 $ Re p r o d u c t i o n 750.00 $ Ta s k 7 - T o t a l 1,050.00 $ Ci t y o f E d m o n d s Pa g e 3 o f 5 KPG 5/5/2014 Packet Page 139 of 200 EX H I B I T B HO U R A N D F E E E S T I M A T E Pr o j e c t : C i t y o f E d m o n d s 23 8 t h S t r e e t S W W a l k w a y w i t h S t o r m w a t e r P r o j e c t Ma y 5 , 2 0 1 4 Re i m b u r s a b l e B r e a k d o w n Wo r k E l e m e n t 8 - A s s i s t a n c e D u r i n g B i d d i n g Mi l e a g e 25.00 $ Re p r o d u c t i o n 25.00 $ Ta s k 8 - T o t a l 50.00 $ Re i m b u r s a b l e S u b t o t a l 2,300.00 $ Ad m i n i s t r a t i v e f e e s o n r e i m b u r s a b l e s ( 0 % ) -$ TO T A L R E I M B U R S A B L E S 2,300.00 $ Ci t y o f E d m o n d s Pa g e 4 o f 5 KPG 5/5/2014 Packet Page 140 of 200 EXHIBIT B FEE SUMMARY Project:City of Edmonds 238th Street SW Walkway with Stormwater Project May 5, 2014 Description Safe Routes to School Funds: Work Element 1 - Project Management $10,835.41 Work Element 2 - Mapping $7,626.82 Work Element 4 - Environmental $1,369.25 Work Element 5 - Community & Agency Coordination $7,481.16 Work Element 6 - Right-of-Way Calculations $3,030.19 Work Element 7 - Final Design $51,913.65 Work Element 8 - Assistance During Bidding $3,735.86 Subtotal (SRTS) $85,992.34 Local Funds: Work Element 3 - Stormwater and Overlay Design (Local Funds) $89,061.43 Subtotal (Local) $89,061.43 Management Reserve (5%) $8,752.69 Total Estimated Fee $183,806.46 Estimated Fee City of Edmonds Walkways Projects Page 5 of 5 KPG 5/5/2014 Packet Page 141 of 200 © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION WGS_1984_Web_Mercator_Auxiliary_Sphere Feet Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 313.810 1:7,531 238th St. SW Walkway 627.6 Packet Page 142 of 200    AM-6837     3. G.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted For:Ed Sibrel Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization to award a construction contract for the Annual Sewer Replacement Project - Phase 2 Recommendation Forward the item to the consent agenda for approval at a future Council meeting. Previous Council Action None. Narrative This project is part of the City’s program to replace and upgrade existing sewerlines at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or has some other existing system deficiency.  The project will replace at various locations around the City approximately 4,500 linear feet of sewer main with associated manholes and sewer connections, as well as approximately 1,000 linear feet of water main.   The project costs are being funded by the 423 Sewer Fund and the 421 Water Fund.   On April 24 and May 1, 2014 the project was advertised for construction bids with a bid opening scheduled for May 8, 2014. The bid results and project budget will be provided at the committee meeting. Construction is expected to begin in mid-June and be completed by the end of 2014. Attachments Project Map Form Review Inbox Reviewed By Date Engineering Robert English 05/07/2014 03:09 PM City Clerk Scott Passey 05/07/2014 04:09 PM Mayor Dave Earling 05/08/2014 10:30 AM Finalize for Agenda Scott Passey 05/08/2014 11:22 AM Form Started By: Megan Luttrell Started On: 05/06/2014 09:21 AM Final Approval Date: 05/08/2014  Packet Page 143 of 200 P a c k e t P a g e 1 4 4 o f 2 0 0    AM-6821     4. A.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted By:James Lawless Department:Police Department Committee: Public Safety, Personnel Type: Action Information Subject Title Interlocal Agreement with Yakima County for Jail Services Recommendation It is the recommendation and request of staff that this Interlocal Agreement (ILA) be forwarded to full Council for approval via the consent agenda. Previous Council Action N/A Narrative The Edmonds Police Department currently has contracts with three jail facilities for the housing of both short and long-term prisoners. Jail capacities vary and at times facilities are unable to accommodate our needs for booking prisoners. In addition, costs vary from facility to facility with those on the east side of the state generally being less expensive, especially for long-term commitments. It is anticipated that both the Lynnwood City Jail and the Snohomish County Jail will be raising and/or restructuring their rates in 2015. In order to have additional options for booking prisoners to address capacity issues, as well as ensure that we are being as financially responsible as we can be, we seek out other options/alternatives whenever possible. To that end, we have negotiated an interlocal agreement with the Yakima County Jail for the housing of long-term commitments, similarly to what we have in place with Okanogan County. Yakima County will not charge a one-time booking fee and they will also transport prisoners to and from their facility with that expense being built into the daily housing fee (this is the same arrangement we have with Okanogan County as well). The current rates are as follows:                                  One-time Booking                                  Fee Daily Fee Lynnwood City Jail          $10.00                                              $65.00/day Snohomish County Jail     $95.94                                              $66.66/day Okanogan County Jail         n/a                                                $54.40/day Yakima County Jail              n/a                                               $54.75/day The City Attorney has reviewed the attached ILA and has approved the document as to form. Attachments Yakima County ILA for Jail Services Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/30/2014 11:40 AM Mayor Dave Earling 04/30/2014 01:20 PM Finalize for Agenda Scott Passey 04/30/2014 02:40 PM Form Started By: James Lawless Started On: 04/23/2014 10:33 AM Final Approval Date: 04/30/2014  Packet Page 145 of 200 Packet Page 146 of 200 Agreement for Inmate Housing -- 2014 Page 1 AGREEMENT FOR INMATE HOUSING 2014 THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between Yakima County (hereinafter the "County") and the City of Edmonds (hereinafter the “City”). WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to enter into a contract for inmate housing, and WHEREAS, the City desires to transfer custody of certain of its inmates to the County to be housed in the County's corrections facilities during those inmates' confinement, and to compensate the County for housing such inmates, and WHEREAS, the County desires to house inmates who would be otherwise in the City’s custody on the terms agreed herein. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto mutually agree as follows: 1. Purpose. The purpose and intent of this Agreement is to establish the terms under which the County will house City inmates during the calendar year 2014. 2. Definitions. Business day means Monday though Friday excluding Yakima County standard holidays. Committing Court means the court that issued the order or sentence that established the City’s custody of a City Inmate. Detainer – A legal order authorizing or commanding another agency a right to take custody of a person. City Inmate means a person subject to City custody who is transferred to County custody under this Agreement 3. General Provisions. The County shall accept City Inmates according to the terms of this Agreement and shall provide housing, care, and custody of those City Inmates in the same manner as it provides housing, care and custody to its own inmates. The County shall manage, maintain, and operate its corrections facilities in compliance with all applicable federal, state, and local laws and regulations. 4. Right to Refuse or Return Inmate. To the greatest extent permitted by law, the County shall have the right to refuse to accept a City Inmate or to return a City Inmate to the City, if the Inmate has a current illness or injury that is listed in Attachment A - Medical Acceptability. The County shall provide notice to the City at least one business day prior to transport. 5. Inmate Transport. County Transported: The County shall transport Inmates to and from the County’s corrections facilities except when weather or other conditions beyond the County’s control prevent transport. Inmate transport dates will be determined by the amount of inmates the City has housed with the County. Packet Page 147 of 200 Agreement for Inmate Housing -- 2014 Page 2 The County will pick up and drop off Inmates at a mutually agreed upon destination. In the event the City wishes the County to pick up and/or drop off a City Inmate at another detention or correction facility, the City shall notify the County of the location of the Inmate for pick up and/or drop off. The City shall provide a written inmate transport list to the County the business day prior to transport. At the time of scheduling transport if possible, but no later than transport pickup, the City shall provide to the County the warrant or court order detaining or committing the Inmate, as well as any order that specifies the Inmate’s next court date or sentence to confinement. The City shall provide a complete copy of each Inmate’s records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. City Transported: The City will provide the County a written transport list to the County the business day prior to delivery. At the time of delivery, the City shall provide the County the warrant or court order detaining or committing the inmate as well as any order that specifies the Inmate’s next court date or sentence to confinement. The City shall provide a complete copy of each Inmate’s records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. 6. Inmate Records. The City shall provide all medical records in its possession to the County’s transport officers prior to the Inmate’s departure from the City’s detention or designated detention facility. In the event the Inmate is transported by the City, the City shall provide all medical records in its possession to the County’s booking officer. In the event additional information is requested by the County regarding a particular Inmate, the County and City will mutually cooperate to provide the additional information needed. 7. Inmate Property. The County shall accept and transport Inmate property in accordance with Attachment B – Property, and shall be responsible only for inmate property actually delivered into County possession. The County shall hold and handle each Inmate’s personal property in the same manner it holds and handles property of other County inmates. In the event a City Inmate is being transported from a City designated detention or correction facility, it will be the responsibility of the City to dispose of the Inmate’s property not delivered and accepted into County possession. When returning Inmates to the City, the County shall transport Inmate property according to the provisions of Attachment B – Property, and it shall be the responsibility of the County to dispose of any of the Inmate’s property not transported with the Inmate. 8. Booking. Inmates shall be booked pursuant the County’s booking policies and procedures. Inmates transported by the City that are not acceptable at booking, will be the responsibility of the City to transport back to City. Pursuant to RCW 70.48.130, and as part of the booking procedure, the Department of Corrections shall obtain general information concerning the Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a City Inmate is entitled. The information is to be used for third party billing. The County and City will attempt to develop a process at City detention facilities for pre-booking Inmates who are being transferred to the custody of the County. Packet Page 148 of 200 Agreement for Inmate Housing -- 2014 Page 3 9. Classification. Inmates shall be classified pursuant to the County’s classification policies and procedures, and within the sole discretion and judgment of the County. The City shall provide information identified in Attachment C – Classification, of this Agreement. 10. Housing. Inmates shall be assigned to housing pursuant to the County’s policies and procedures, and within the sole discretion and judgment of the County. Provided however, that generally, if a City Inmate’s classification qualifies him/her to be housed in the Yakima County Corrections Center, and there is a bed available at the Yakima County Corrections Center, the Inmate shall be housed in the Yakima County Corrections Center. Exceptions to this general provision include circumstances such as: 1) No women are housed at the Yakima County Corrections Center; 2) Inmates assigned to certain work crews must be housed in the Main Jail or Annex; 3) Certain programs are available only to Inmates housed in the Main Jail or Annex; 4) Inmates who will be housed for less than one week will usually be housed in the Main Jail or Annex. 11. Inmate Work Programs. The County may assign Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties. 12. Health Care. The County shall provide in-facility medical care commonly associated with county corrections operations as guided by American Correctional Association or National Commission on Correctional Health Care standards. Inmates shall be responsible for co-payment for health services according to County policy. The City shall not be responsible to the County for Inmate co-payments. No Inmate shall be denied necessary health care because of an inability to pay for health services. The County shall notify the City’s designee(s) via e-mail or fax if a City Inmate requires medical or dental treatment at an outside medical or health care facility. The City shall be responsible to promptly notify the County of any changes in its designee(s). The City shall pay for all medical, mental health, dental or any other medical services that are required to care for the City’s Inmates outside YCDOC facilities. Except, the County shall bear the expense of any such medical care necessitated by improper conduct of the County, or of its officers or agents. The County shall notify the City as soon as reasonably possible before the Inmate receives medical and/or dental treatment outside of YCDOC facilities. The City acknowledges that such notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not excuse the City from financial responsibility for related medical expenses, and shall not be a basis for imposing financial responsibility for related medical expenses on the County. Outside medical expenses for Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 13. Inmate Discipline. The County shall discipline Inmates according to the same policies and procedures under which other County inmates are disciplined. However, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable County inmate, up to and including the removal of earned early release credits as approved by the City. 14. Removal from County Facilities. Except for work programs or health care, and during emergencies, Inmates shall not be removed from County facilities without written authorization from the City or by the order of any court having jurisdiction. Other jurisdictions Packet Page 149 of 200 Agreement for Inmate Housing -- 2014 Page 4 may “borrow” a City Inmate only according to the provisions of Attachment D – Borrowing. In the event of the Inmate’s emergency removal, the County shall notify the City by email or fax as soon as reasonably possible. No early release or alternative to incarceration, including furloughs, home detention, or work release shall be granted to any Inmate without written authorization by the committing court. 15. Visitation. The County shall provide scheduled visitation for attorneys, spouses, family and friends of Inmates. Such visitation may be accomplished as provided in Section 24 of this Agreement. 16. Inmate-Attorney Communication. Confidential telephones or visitation rooms shall be available to inmates to communicate with their attorneys. 17. Inmate Accounts. The County shall establish and maintain an account for each Inmate. The County shall ensure family members and others have a reasonable process to add funds to a City Inmate’s account, Upon returning custody of a City Inmate to the City, the County shall transfer the balance of that Inmate’s account that is not subject to charges, to the Inmate or to the City in the form of a check or a debit card in the name of the Inmate. In the event the County contracts with a company/business that furnishes technology for wireless inmate account crediting (such as Keefee or JPAY) the City may allow the County (or County’s contracted representative) to install the equipment necessary for use of the system. The City shall not be financially responsible for any aspect of the system, including but not limited to installation or maintenance costs. The City shall not receive any compensation or profits for such a system. 18. Detainers. Inmates in a “Detainer” status shall be handled according to Attachment E – Detainers. 19. Releases. The City shall be responsible for computing and tracking all sentence time calculations, good time, court dates and release dates. Inmates will be released in accordance with Attachment F – Inmate Release. The County shall not transfer custody of a City Inmate housed pursuant to this Agreement to any party other than the City, except as provided in this Agreement or as directed by the City. 20. Escape. If a City Inmate escapes County custody, the County shall notify the City as soon as reasonably possible. The County shall use all reasonable efforts to pursue and regain custody of escaped City Inmates, and shall assume all costs connected with the recapture of the City Inmate. 21. Death. If a City Inmate dies in County custody, the County shall notify the City as soon as reasonably possible. The Yakima County Coroner shall assume custody of the City Inmate’s body. Unless another agency becomes responsible for investigation, YCDOC shall investigate and shall provide the City with a report of its investigation. The City may participate in the investigation. If another agency becomes responsible for investigation, YCDOC shall liaison or otherwise facilitate the City’s communication with and receipt of reports from the other agency. The City shall provide the County with written instructions regarding the disposition of the City Inmate’s body. The City shall pay for all reasonable expenses for the preparation and shipment of the body. The City may request in writing that the County arrange for burial and all matters related or incidental thereto and the City shall be responsible for all costs associate with this Packet Page 150 of 200 Agreement for Inmate Housing -- 2014 Page 5 request. Except, the County shall bear such expenses necessitated by improper conduct of County, or its officers or agents. 22. Reporting Requirements. Ordinarily on business days, the County will deliver the following reports to the JAG, which will disseminate them to the City: Here Now Report - a report detailing City inmates in YCDOC custody. Housing Report – a report detailing which city inmates are housed at the Yakima County Corrections Center. Custody Report – a report of total inmate populations confined at all YCDOC facilities. It includes current and historical safety and population data. Special Housing Report – Identifies city inmates who are in special housing assignments. 23. City’s Right of Inspection. The City shall have the right, upon reasonable advance notice, to inspect County correction facilities where City Inmates are housed at reasonable times. During such inspections, the City may interview its Inmates and review its Inmates’ records. The City shall have no right to interview inmates housed for other jurisdictions or to review their medical records, unless it is properly authorized to do so by the inmate or the other jurisdiction. 24. Technology. The County and City may each permit the other continuous access to its computer database regarding all City Inmates housed by the County. This continuous access feature may be accomplished through a computer link between a computer(s) designated by the City and appropriate computer(s) of the County. By separate mutual agreement, the County and City may provide video conference capabilities for personal visiting, professional visiting, pre-trial conferences, arraignments and other court and conferencing needs. Bed Rate. In consideration of Yakima County’s commitment to house City Inmates, the City shall pay the County based on the Monthly Average Daily Population (MADP) sliding scale: Monthly Average Daily Population (MADP) Daily Rate Per Inmate 151 - above $48.75 126-150 $49.75 101-125 $50.75 76-100 $51.75 51-75 $52.75 26-50 $53.75 0-25 $54.75 Packet Page 151 of 200 Agreement for Inmate Housing -- 2014 Page 6 The Bed Rate includes all in-facility medical, dental (if available), and mental health services. In the event an inmate requires out of facility medical, dental or mental health services, the City shall be responsible for the cost of the services. The County shall not charge a booking fee in connection with housing the City’s Inmates. The City may purchase additional beds, as available, at the then- existing bed rate; however, the County shall have the right to refuse to accept custody of or house inmates in excess of the City’s minimum bed commitment. The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 25. Billing and Payment. The County shall provide the City with monthly statements itemizing the name of each City Inmate, the number of days of housing, including the date and time booked into the County and date and time released from the County and itemization of any additional charges including a description of the service provided, date provided and reason for service. The County shall provide said statement for each month on or about the 10th day of the following month. Payment shall be due to the County within (30) days from the billing date. The County may bill the City electronically. Payments not received by the 30th day shall bear interest at the rate of 1% per month until payment is received. The Daily Fee for City Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 26. Duration of Agreement. The duration of this Agreement shall be from January 1, 2014, at 1200 A.M. and shall end at 11:59 P.M., on December 31 2014 unless otherwise terminated in accordance with Section 31 of this Agreement. This Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to the County and City. 27. Independent Contractor. In providing services under this Agreement, the County is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a party to this Agreement. 28. Hold Harmless, Defense, and Indemnification,. The County shall hold harmless, defend, and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate property while in County custody) that result from or arise out of the acts or omissions of County, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the County’s services, duties, and obligations under this Agreement. Packet Page 152 of 200 Agreement for Inmate Housing -- 2014 Page 7 The City shall hold harmless, defend, and indemnify the County, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate property while in County custody) that result from or arise out of the acts or omissions of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the City’s services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the City and the County in connection with or incidental to the performance or non-performance of the City’s and or County’s services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, the City and County shall each be liable for its proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this Section or this Agreement shall be construed to create a right in any third party to indemnification or defense. The County and City hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. 29. Insurance. The County and City shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. The County and City shall each maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. 30. Termination. A. Mutual Agreement: This Agreement may be terminated by mutual written consent between the County and City with ninety (90) days written notice to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected City Inmates. B. Imperiling Conditions: The City shall have the right to terminate this Agreement where: 1) conditions and/or circumstances at Yakima’s facilities present an imminent risk of serious injury or death to the City’s Inmates [Imperiling Conditions]; 2) the City has sent County written notice by certified mail, return receipt requested describing with reasonable specificity the Imperiling Conditions; and 3) the County has failed to cure the Imperiling Conditions within a reasonable period of time, which, unless the parties agree in writing to a longer period, shall be no more than 30 days after the County receives the City’s notice. Termination under this provision shall be effective if and when: 1) after at least 30 days, the County has not cured the Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given the Packet Page 153 of 200 Agreement for Inmate Housing -- 2014 Page 8 County formal written notice of final termination under this provision. After Termination under this provision the City shall have no further financial obligations under this Agreement. C. Material Breach: Either party shall have the right to terminate this Agreement if: 1) the other party is in material breach of any term of this Agreement; 2) the terminating party has sent the breaching party written notice of its intent to terminate this Agreement under this section by certified mail, return receipt requested describing with reasonable specificity the basis for the termination; and 3) the breaching party has failed to cure the breach within ninety (90) days, unless the parties agree in writing to a longer cure period. Termination shall be effective upon and the City shall have no further financial obligations under this Agreement from the date of removal of its Inmates from the Yakima Facility or County’s receipt of final notice that City is terminating the Agreement after the expiration of the cure period, whichever occurs last. 31. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the parties solely because of this Agreement. 32. Equal Opportunity. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. 33. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the County to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of County stated herein. 34. Non-Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 35. Severability. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 36. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any actions, suit, or judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or Superior Court for the State of Washington in Thurston County 37. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City, Manager or Mayor and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. 38. General Provisions. Unless otherwise agreed in writing executed by both parties, on and after January 1, 2015, and so long as this Agreement remains in effect, this document constitutes the entire Agreement between the City and the County under which the County Packet Page 154 of 200 Agreement for Inmate Housing -- 2014 Page 9 houses City Inmates, and no other oral or written agreements between the parties shall affect this Agreement. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. The County shall not delegate its duties pertaining to housing City Inmates without the written consent of the City, which consent shall not be withheld unreasonably. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event the County or City defaults on the performance of any terms of this Agreement and files a lawsuit, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses. This Agreement may be executed in any number of counterparts. 39. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand-delivered to the parties to their addresses as follows: TO CITY: Jim Lawless, Assistant Chief of Police Edmonds Police Department 250 5th Ave N. Edmonds, WA 98020 TO COUNTY: Ed Campbell, Director Yakima County Department of Corrections 111 North Front Street Yakima, WA 98901 Alternatively, to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses specified above. Packet Page 155 of 200 Agreement for Inmate Housing -- 2014 Page 10 CITY OF EDMONDS, WASHINGTON By: ___________________________ Dave Earling, City Mayor Date: ___________________________ Attest: By: ___________________________ Scott Passey, Edmonds City Clerk Approved as to form: By: ___________________________ Edmonds City Attorney Packet Page 156 of 200 Agreement for Inmate Housing -- 2014 Page 11 ATTACHMENT A MEDICAL ACCEPTABILITY The County shall determine the medical and mental acceptability of inmates for transport using the following excluding criteria: 1. Blood or fluid present at an open wound site or bleeding from an open wound. 2. Signs of untreated broken bones or dislocated joints. 3. Any injury or illness requiring immediate or emergency medical treatment. 4. Unconsciousness. 5. Inmates unable to stand and walk under their own power. 6. Wheel chair bound individuals. 7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants. 8. Signs of alcohol and/or drug withdrawal. 9. Bed bound individuals. 10. Individuals with attached IV or requiring IV medications. 11. Individuals requiring the use of oxygen tanks. 12. AMA (Against Medical Advice) from the hospital. 13. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser-eye surgery and minor surgery may be evaluated on a case by case basis. 14. Post-operative persons who have follow up appointments within the next four weeks. 15. Wounds with drainage tubes attached. 16. Persons with permanent catheters. 17. Open and/or oozing bedsores. 18. Individuals requiring nebulizers who cannot obtain one. 19. Persons with Alzheimer’s, dementia or other psychological conditions to the point where the inmate cannot perform activities of daily living (“ADL’s”) or who do not have the capacity to function safely within a correctional environment. 20. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL’s. 21. Female inmates more than 5 months pregnant. Or any female inmate considered a high- risk pregnancy. 22. Persons undergoing chemotherapy and/or radiation treatment. 23. Persons undergoing dialysis. Packet Page 157 of 200 Agreement for Inmate Housing -- 2014 Page 12 24. Persons with the following untreated medical conditions: a) Heart disease b) Seizures disorders c) Insulin dependent diabetes d) Cancer e) Asthma f) Psychosis g) HIV Positive or AIDS 25. Persons who are HIV positive or have AIDS and are taking anti-viral medications. 26. Persons taking Methadone, or Suboxone, a substitute for Methadone. 27. Persons with suicidal ideations or gestures within the past 72 hours. 28. Person, if prescribed, have not taken psychotropic medications for at least 72 hours. 29. Persons who have attempted suicide within the last 30 days. 30. Persons who have attempted suicide by overdose or ligature strangulation during current incarceration. 31. Persons displaying current psychotic episode. 32. Persons requiring CPAP machines as prescribed must be transported with the machine. Packet Page 158 of 200 Agreement for Inmate Housing -- 2014 Page 13 ATTACHMENT B PROPERTY County transport personnel will only accept Inmate property as follows: 1. The property shall be sealed in a single property bag no larger than a common paper grocery bag. 2. Money, valuables, and medications shall be placed in a clear envelope and sealed within the Inmate’s property bag. 3. Checks and documents (court, warrants, etc) shall be attached to the outside of the property bag. 4. The transporting officer shall account for the property bag and funds being transported. Yakima County Department of Corrections transport personnel will not accept or transport the following: a) Backpacks, suitcases, etc. b) Unpackaged food products or food products in packaging that has been opened. c) Any type of weapon (includes pocketknives). d) Liquids. e) Any items that will not fit into the property bag. f) Material deemed to be contraband. Yakima County will limit property returned with the Inmate to the City according to these criteria. Packet Page 159 of 200 Agreement for Inmate Housing -- 2014 Page 14 ATTACHMENT C CLASSIFICATION The City shall supply the County with the following Classification related information, if it known to or in possession of the City: 1. If the City Inmate has been classified to a special housing unit and/or if the City Inmate has been classified as protective custody. 2. If the City Inmate is a violent offender or has displayed violent behavior during present or past incarcerations. 3. If the City Inmate is an escape risk. Packet Page 160 of 200 Agreement for Inmate Housing -- 2014 Page 15 ATTACHMENT D BORROWING One contracting city may “borrow” another contracting city’s inmate as follows: 1. If a City requests the transport of another contracting City’s Inmate from the County the requesting City must notify each agency with rights to custody of the Inmate, and if each agency with rights to custody of the Inmate notifies the County in writing (e-mail) of its approval, the County shall provide the requested transport. The County will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the inmate. 2. Once custody of the City Inmate has been transferred to another agency, it is the responsibility of the requesting City to determine whether the City Inmate shall be returned to the custody of the County, and if so, the requesting City shall make all necessary and proper arrangements with the County and any agency with rights to custody of the Inmate, for the Inmate’s return according to the terms of this agreement. 3. The County will not track the City Inmate once he or she has left the County’s facility. 4. If the Inmate is returned to the custody of the County, the requesting City shall provide the County with sentencing/charge information. The City shall supply all pre-sentence, and post-sentence paperwork from agreeing agencies that authorized the borrowing of the Inmate. This will aid Yakima County in determining split billing and release dates. 5. If the agency requesting to borrow a City Inmate is not in the “Contracting Agency,” the requesting agency will be responsible to make all transport arrangements including all legal paperwork for the transport with the City of jurisdiction. 6. The County will transport the City Inmate only to a King County city that also contracts with the County for Inmate housing. 7. Inmates transported by the City, cannot be borrowed out of YCDOC. Packet Page 161 of 200 Agreement for Inmate Housing -- 2014 Page 16 ATTACHMENT E This attachment only applies to Inmates transported by the YCDOC. WARRANTS/OTHER COURT ORDERS/DETAINERS 1. The following shall apply to City Inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers. When receiving a City Inmate, the Transport Officers shall review all paperwork provided by the City for all grounds to hold the Inmate and ensure that this information is entered into the County’s JMS and is routed to the Out of County Transport Section Office Specialist. 2. Prior to releasing a City Inmate, the County shall check the NCIC and WACIC systems to determine if the Inmate is subject to any valid warrants or other detainers. a) If the Inmate is subject to a warrant that is limited to King County, YCDOC will, upon receiving written permission (e mail) from the City, transport the Inmate to the custodial agency for the jurisdiction that issued the warrant. However, Yakima County will not assume responsibility to serve any such warrants. b) If the City Inmate is subject to a warrant from a western Washington jurisdiction outside King County, YCDOC will release the Inmate at the location determined by written (e mail) agreement of the YCDOC and the City under Section 5 of this Agreement. c) If the City Inmate is subject to a warrant from an eastern Washington jurisdiction, YCDOC will send the Inmate to the custodial agency for that jurisdiction on the Mini-Chain. d) If, upon return from YCDOC to the City, the Inmate is subject to a warrant that provides for statewide extradition, YCDOC will either transport the Inmate to the detention/correction facility in King County designated by the agency/jurisdiction that issued the warrant if it is in King County, or will send the Inmate to the agency/jurisdiction that issued the warrant on the Mini-Chain. 3. City Inmates who have or are subject to Immigration and Custom Enforcement (ICE) detainers shall be returned to the City, unless the County and City agree in writing (email) to some other course of action. Packet Page 162 of 200 Agreement for Inmate Housing -- 2014 Page 17 ATTACHMENT F INMATE RELEASE County transport personnel will release City Inmates as follows: 1. Inside a staffed correction or detention facility (jail). 2. Inside a staffed police agency (sally port or other secured area). 3. Outside of a Law Enforcement Agency when agency personnel, telephone access, and weather protection (lobby areas) are available to the released Inmate. 4. The County does not transport on Mondays. 5. City Inmates for whom bail is posted, or who otherwise have a right to be released may, by signed written waiver, choose to remain in custody and return to City by the regularly scheduled transport, or to be released to a family member or friend, or to the streets of Yakima. 6. Inmates transported by City must be picked up at least 12-(twelve) hours prior to the inmate’s scheduled release date and time. If the inmate is not picked up before the scheduled release time, the Inmate will be automatically scheduled to be transported, at the City’s cost to include the addition of transport fees for all days served, on the next available transport to the City. Packet Page 163 of 200    AM-6841     4. B.              City Council Committee Meetings Meeting Date:05/13/2014 Time:5 Minutes   Submitted By:Al Compaan Department:Police Department Committee: Public Safety, Personnel Type: Action Information Subject Title Amending Ordinance - Avoiding compliance with traffic devices - Penalty Recommendation Approve for Consent Agenda Previous Council Action Narrative ECC 8.32 contains Miscellaneous Driving and Traffic Rules and the associated penalties. One subsection, 8.32.070, Avoiding compliance with traffic devices prohibited, has had a maximum fine of $250 associated with it since the ordinance was originally codified in 1990. To make the penalty for this violation consistent with the penalty associated with other basic traffic infractions adopted by City Code, it is recommended that the penalty for 8.32.070 be changed as noted in the draft. Net effect of the change at the present time would be a total of $124 penalty assessed by the Municipal Court upon a finding that a violation occurred.  Attachments DRAFT ECC 8.32.070 Form Review Inbox Reviewed By Date City Clerk Scott Passey 05/07/2014 09:40 AM Mayor Dave Earling 05/07/2014 01:37 PM Finalize for Agenda Scott Passey 05/08/2014 11:22 AM Form Started By: Al Compaan Started On: 05/06/2014 05:20 PM Final Approval Date: 05/08/2014  Packet Page 164 of 200 - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING A CERTAIN PENALTY PROVISION OF ECC 8.32 (“MISCELLANEOUS DRIVING AND TRAFFIC RULES”); PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds has determined that a certain penalty provision of the City’s Miscellaneous Driving and Traffic Rules code section, ECC 8.32, is inconsistent with other similar driving and traffic infractions; and WHEREAS, the City of Edmonds wishes to revise ECC 8.32 to address this issue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Subsection .070 of Section 8.32 of the ECC Miscellaneous Driving and Traffic Rules is hereby amended to read as follows (deleted text in strike-through; new text in underline): 8.32.070 Avoiding compliance with traffic devices prohibited. A. No person shall drive a motor vehicle over private property in order to avoid compliance with a traffic-control device. B. Any person violating the provisions of this section shall have committed a traffic infraction, punishable by a maximum fine of $250.00 as an unscheduled infraction pursuant to Infraction Rules for Courts of Limited Jurisdiction (IRLJ) Rule 6.2(b), plus all statutory assessments. [Ord. 2788 § 1, 1990]. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Packet Page 165 of 200 - 2 - Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 166 of 200 - 3 - 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 A CERTAIN PENALTY PROVISION OF ECC 8.32 (“MISCELLANEOUS DRIVING AND TRAFFIC RULES”); PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2014. CITY CLERK, SCOTT PASSEY Packet Page 167 of 200    AM-6843     4. C.              City Council Committee Meetings Meeting Date:05/13/2014 Time:10 Minutes   Submitted For:Public Safety/Personnel Committee Submitted By:Jana Spellman Department:City Council Committee: Public Safety, Personnel Type:  Information Subject Title Appointments to Boards and Commissions Recommendation N/A Previous Council Action N/A Narrative Discussion regarding appointments to Boards and Commissions.  A recent issue has arisen regarding whether or not members who reside outside of the City of Edmonds should be allowed to serve on a Board or Commission. Attached are copies of the following City Code Chapters for various Boards and Commissions, as well as a draft ordinance amending the code related to the Citizens Economic Development Commission. Attachments City Code Chapter 10.05 - ADB City Code Chapter 10.16 - Cemetery City Code Chapter 10.20 - Arts  City Code Chapter 10.50 - Library City Code Chapter 10.60 - Sister City City Code Chapter 10.70 - Lodging Tax City Code Chapter 10.75 - Economic Development City Code Chapter 10.80 - Compensation City Code Chapter 10.90 - Historic  City Code Chapter 10.95 - Tree Board CEDC Ordinance Amendment Form Review Inbox Reviewed By Date City Clerk Scott Passey 05/08/2014 12:01 PM Mayor Dave Earling 05/08/2014 12:06 PM Finalize for Agenda Scott Passey 05/08/2014 12:31 PM Form Started By: Jana Spellman Started On: 05/08/2014 08:44 AM Final Approval Date: 05/08/2014  Packet Page 168 of 200 Packet Page 169 of 200 Packet Page 170 of 200 Packet Page 171 of 200 Packet Page 172 of 200 Packet Page 173 of 200 Packet Page 174 of 200 Packet Page 175 of 200 Packet Page 176 of 200 Packet Page 177 of 200 Packet Page 178 of 200 Packet Page 179 of 200 Packet Page 180 of 200 Packet Page 181 of 200 Packet Page 182 of 200 Packet Page 183 of 200 Packet Page 184 of 200 Packet Page 185 of 200 Packet Page 186 of 200 Packet Page 187 of 200 Packet Page 188 of 200 Packet Page 189 of 200 Packet Page 190 of 200 Packet Page 191 of 200 Packet Page 192 of 200 Packet Page 193 of 200 Packet Page 194 of 200 Packet Page 195 of 200 Packet Page 196 of 200 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE 10.75.010 REGARDING THE CITIZENS’ ECONOMIC DEVELOPMENT COMMISSION TO REQUIRE EDMONDS RESIDENCY FOR MEMBERSHIP ON THE COMMISSION; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Citizens Economic Development Commission was established by Ordinance 3735 in 2009; and WHEREAS, Ordinance 3735 stated that that “the City Council finds it to be in the public interest to establish an Economic Development Commission in order to take advantage of the large number of highly qualified citizens who are interested in serving their community as it addresses this problem;” and WHEREAS, this language from Ordinance 3735 indicates a legislative intent that members of the Citizens Economic Development Commission be residents of the City of Edmonds; and WHEREAS, the City Council has determined that it serves the public interest to require residency in the City of Edmonds for membership to the Citizens Economic Development Commission; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.75.010 of the ECC, entitled “Commission created – Membership – Term of appointments,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 10.75.010 Commission created – Membership – Term of appointments. A. There is hereby created a citizens economic development commission consisting of up to 17 members. The commission shall automatically expire December 31, 2015. Packet Page 197 of 200 B. The members of the commission shall be appointed in the following manner: 1. Each council member may appoint up to two members. 2. The mayor may appoint up to three members. 3. In the event that any commissioner resigns or fails to attend three consecutive commission meetings, that position may be deemed vacant by the holder of the office that appointed the commissioner (e.g., mayor or council member) and such office holder may appoint a replacement commissioner for the remainder of the unexpired term for that position. 4. Elected government officials shall not be eligible for appointment to the commission; provided, that the city council president may appoint up to two council members to serve as nonvoting, ex officio members of the commission; and further provided, that the Edmonds port commission may also appoint one of its members to serve as a nonvoting, ex officio member of the commission. 5. City employees shall not be eligible for appointment to the commission. 6. Members of the commission must be residents of the city of Edmonds. 7. If a commissioner satisfied the eligibility criteria in effect upon his/her appointment to the commission but fails to maintain his/her eligibility either through an amendment of the eligibility criteria or due to a change of circumstances surrounding the commission (e.g. change of residency) after his/her appointment, that commissioner shall lose his/her seat on the commission as a matter of law and the seat shall be deemed vacant. 8. Any vacancy on the commission will be advertised, and the new appointee will be selected from the applications received. C. Commissioner terms shall be staggered such that all members of the commission as of December 31, 2011, shall have their terms expire on December 31, 2012. All members appointed during 2012 shall have their terms expire on December 31, 2014. All members appointed during 2013 or later shall have their terms expire on December 31, 2015. Packet Page 198 of 200 Section 2. 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 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 199 of 200 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 EDMONDS CITY CODE 10.75.010 REGARDING THE CITIZENS’ ECONOMIC DEVELOPMENT COMMISSION TO REQUIRE EDMONDS RESIDENCY FOR MEMBERSHIP ON THE COMMISSION; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2014. CITY CLERK, SCOTT PASSEY Packet Page 200 of 200