The URL can be used to link to this page

2013-03-12 City Council - Public Agenda-1485'4- o 90� AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds MARCH 12, 2013 6:00 P.M. - CALL TO ORDER / FLAG SALUTE 1. (5 Minutes) Roll Call 2. (5 Minutes) Approval of Agenda 3. (5 Minutes) Approval of Consent Agenda Items A. Approval of City Council Meeting Minutes of March 5, 2013. B. Approval of claim checks #200858 through #200976 dated March 7, 2013 for $303,548.02 (reissued check #200858 $55,418.17). Approval of payroll direct deposit & checks #60055 through #60071 and #60083 for $471,026.08, benefit checks #60072 through #60082 and wire payments of $204,456.71 for the period February 16, 2013 through February 28, 2013. C. Ordinance amending Edmonds City Code 3.75.120 relating to the Edmonds Downtown Business Improvement District. 4, Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 5. (20 Minutes) Appointment of Interim Edmonds Downtown Business Improvement District Members Advisory Board. 6, (5 Minutes) Mayor's Comments 7. (15 Minutes) Council Comments 8. (15 Minutes) Convene in executive session regarding pending litigation per RCW 42.30.110(1)(i). 9, (5 Minutes) Reconvene in open session. Potential action as a result of meeting in executive session. 10. ADJOURN TO CITY COUNCIL COMMITTEE MEETINGS Packet Page 1 of 343 The City Council Committee meetings are work sessions for the City Council and staff. Members of the public are welcome to observe the meeting, but public participation is limited to making comments at the end of the meeting with a 3 minute limit per person. 11. Finance Committee Jury Meeting Room A. (10 MinuteS) Purchasing Policy Revision for Public Works Projects. B. (10 MinuteS) Addition of a project to the 2013 CIP, CFP, and TIP (Capital Improvement Program, Transportation Improvement Program, and Capital Facilities Plan) titled "Edmonds Gateway/SR 99 Revitalization - Phase 1" for $10,000,000. C. (15 Minutes) Street Funding (REET ) D. (10 Minutes) Ordinance consenting to the assignment of the Non -Exclusive Franchise granted to Metromedia pursuant to Ordinance No. 3295, to ZAYO Group. E. (10 Minutes) January 2013 Monthly Financial Report F. (10 Minutes) Public Comments (3 Minute Limit Per Person) 12. Parks. Planning & Public Works Committee Meeting Room: Council Chambers A. (5 Minutes) Authorization for Mayor to sign contract with Snohomish County for Tourism Promotion grant. B. (10 Minutes) Authorization to send out Call for Artists RFQ for Five Corners Roundabout Project. C. (15 Minutes) State Route 104 Transportation Study D. (5 Minutes) Traffic Impact Fee Annual Report E. (10 Minutes) Purchasing Policy Revision for Public Works Projects. F. (5 Minutes) Report on final construction costs for the 2011 Waterline Replacement Project and acceptance of project. G. (5 Minutes) Report on final construction costs for the 2012 Waterline Replacement Project and acceptance of project. H. (5 Minutes) Authorization to advertise a Request for Bid for construction services for the 2013 Waterline Replacement Project. I. (5 Minutes) Authorization for Mayor to approve acceptance and recording of easements for the Five Corners Roundabout project. J. (10Minutes) Proposed Ordinance authorizing the acquisition by negotiation or condemnation of real property interests needed for the Five Corners Roundabout Project. K. (5 Minutes) Authorization for Mayor to sign a Professional Services Agreement with a Consultant to provide services for the Perrinville Creek Stormwater Flow Reduction Retrofit Study. L. (10 Minutes) Authorization to advertise, a Request for Bid, for construction services for the WWTP Standby Power Distribution and Switchgear Improvement Project. M. (5 Minutes) Energy Savings Contracting (ESCO) III. N. (10 Minutes) Public Comments (3 Minute Limit Per Person) Packet Page 2 of 343 13. Public Safety and Personnel Committee Meeting Room: Police Training Room A. (5 Minutes) Amendment to Domestic Violence Coordinator ILA with the City of Mill Creek. B. (30 Minutes) Animal Licensing C. (10 Minutes) Discussion and potential action regarding possible amendment of City Code 8.48 Parking, Paragraph 8.48.215 B. 2. D. (15 Minutes) Student and Senior Volunteers E. (30 Minutes) Ethics Board and Code of Ethics F. (15 Minutes) Discussion regarding taking minutes during Council Committee meetings. G. (10 Minutes) Public Comments (3 Minute Limit Per Person) ADJOURN Packet Page 3 of 343 AM-5569 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: Consent Submitted By: Sandy Chase Department: City Clerk's Office Committee: Tyne: Information Subject Title Approval of City Council Meeting Minutes of March 5, 2013. Recommendation Review and approval. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. 03-05-13 Draft City Council Minutes Inbox Mayor Finalize for Agenda Form Started By: Sandy Chase Final Approval Date: 03/07/2013 Attachments Action Form Review Reviewed By Date Dave Earling 03/07/2013 12:44 PM Sandy Chase 03/07/2013 01:14 PM Started On: 03/07/2013 09:27 AM 3. A. Packet Page 4 of 343 EDMONDS CITY COUNCIL DRAFT MINUTES March 5, 2013 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ELECTED OFFICIALS ABSENT Strom Peterson, Councilmember 1. ROLL CALL STAFF PRESENT Ronald Cone, Interim Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Doug Fair, Municipal Court Judge Joan Ferebee, Court Administrator Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Sandy Chase called the roll. All elected officials were present with the exception of Councilmember Peterson. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO EXCUSE COUNCILMEMBER PETERSON. MOTION CARRIED UNANIMOUSLY. 2. APPROVAL OF AGENDA COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 26, 2013. B. APPROVAL OF CLAIM CHECKS #200747 THROUGH #200857 DATED FEBRUARY 28, 2013 FOR $473,785.35 (REISSUED CHECKS #200747 $334,100.00 AND #200806 $37.50). C. APPROVAL OF LIST OF EDMONDS' BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSE WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD, FEBRUARY 2013. Edmonds City Council Draft Minutes March 5, 2013 Page 1 Packet Page 5 of 343 D. APPROVAL OF 2013 TAXICAB OPERATOR'S LICENSE FOR YELLOW CAB OF WASHINGTON INC.. 4. AUDIENCE COMMENTS There were no members of the public present who wished to provide comment. 5. BRAIN INJURY AWARENESS MONTH PROCLAMATION Mayor Earling read a proclamation declaring March 2013 as Brain Injury Awareness Month. He explained when he taught at Shoreline Community College, he received a call that one of the drummers in his jazz group, Keith Scruggs, had been in a horrific accident and suffered a brain injury that troubles him to this day. Mayor Earling presented the proclamation to Lou Nash. Mr. Nash, a brain injury survivor since 1993, explained he facilitates a support group for caregivers and survivors. He expressed his appreciation for the proclamation, advising the Governor also signed a proclamation. Councilmember Johnson explained the proclamation is intended to raise awareness of brain injuries. The community's brain support group meets the first Tuesday of every month at Swedish -Edmonds Hospital from 6:30 to 8:30 p.m. in the cafeteria and everyone is welcome to attend. The community also has several local organizations that promote bicycle safety. She applauded the work of the Edmonds Kiwanis who through their school bike helmet project provide helmets to young bike riders. She also applauded the work of the Edmonds Bicycle Advisory Group who through their basics of bicycling program, teach elementary school children how to ride safely as well as work with other partners including the Hazel Miller Foundation. Councilmember Johnson explained the prevention of head injuries is an important public safety issue. The State does not require helmets for bicyclists or skateboarders. Over 30 jurisdictions in Washington have helmet laws including Seattle, Tacoma, Bellevue, Pierce and King Counties. She summarized this may be the right time for Edmonds to discuss whether to continue voluntary programs or have a mandatory bicycle helmet program to prevent brain injuries. She made the following motion in honor of brain injury awareness month: COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, THAT THE CITY COUNCIL REFER THIS TO THE PUBLIC SAFETY COMMITTEE OF THE COUNCIL FOR FURTHER DISCUSSION. MOTION CARRIED UNANIMOUSLY. 6. ANNUAL REPORT - MUNICIPAL COURT JUDGE Municipal Court Judge Doug Fair thanked Court Administrator Joan Ferebee who compiled the numbers and the presentation. He recognized Assistant Police Chief Jim Lawless for providing information regarding jail costs and Probation Officer Sherry Conway who provided information regarding electronic home monitoring, etc. Judge Fair displayed a comparison of filings for 2005 to 2012, explaining filing decreased significantly in 2012 to 6,325, down from the average for the past 4-5 years of 7,700 to 7,900 or approximately 20% from 2011 to 2012. There was a 32% reduction in traffic infraction filings and a 15% reduction in criminal case filings. Parking infractions increased approximately 37%. The decrease is primarily due to officer injuries in the traffic division of the police; one officer was out almost the entire year, another was out five months and a third was out for three months. He pointed out that Courts are reactive in nature; workloads Edmonds City Council Draft Minutes March 5, 2013 Page 2 Packet Page 6 of 343 are driven by forces outside their control: the Legislature, Council decisions and Police Department staffing. Judge Fair displayed a comparison of case filings by year 2007-2012, highlighting traffic infractions, general infractions, parking tickets, DUI, criminal traffic and criminal non -traffic. He reiterated case filings were down in 2012 due to staffing. Although parking tickets were up 37%, that equates to only about one additional parking ticket a day throughout the year. Judge Fair displayed a comparison of year-to-year revenues, explaining when filings are down, gross revenues are also down significantly, approximately $212,000 in 2012 compared to 2011, or approximately a 15% reduction. He displayed a comparison of net revenue, explaining the resulting net revenue to the City, after reimbursements to the State, was $743,504. Net revenues were down approximately 13% in 2012 compared to 2011 and about 4.5% short of revenue projections. Judge Fair displayed an Expenditure Status Report, explaining net expenses were down by $55,000, or a 7% difference from estimated expenses and approximately 6% less than 2011. A portion of that was the result of a half-time clerk eliminated in 2012. He explained courts are not generally an overall revenue generator because public safety as a whole includes public defender, prosecutor, jail expenses, etc. which are part of the executive function and not reflected in his budget. Regardless of whether the City has a Municipal Court, the City still must pay jail, prosecutor and public defense expenses but without the revenue generated by the court. Judge Fair displayed a comparison of passport revenue from 2002 to 2012, explaining passport applications and revenue decreased for the past 5 years but increased in 2012 by 28% or 112 applications. Judge Fair explained the court continues to save the City a substantial amount by using alternatives to confinement such as electronic home monitoring (EHM), community service and alcohol monitoring. These alternatives saved the City approximately $217,000 in 2012. Next, Judge Fair explained in the past defendants were brought to the court once a week which was a safety risk as well as allowed a limited number of defendants to be seen. The court now utilizes an all video in -custody calendar; defendants remain at the jail with their attorneys and he and the prosecutor are in the court. This improves safety due to no longer moving inmates, allows more defendants to be seen via two video in -custody calendars per week rather than one, and saves approximately $28,000/year in Police Department overtime for transports. The equipment was purchased using Court Improvement Funds. Judge Fair reviewed changes to the court schedule, explaining the first was eliminating night court. There has been little negative feedback from this change. He explained night court was eliminated as a cost savings due to the cost of reinstating security after a courtroom assault in Grays Harbor. The daily schedule for 2013 was changed in February; to economize on the use of court security, calendars were consolidated, eliminating court on Tuesdays, a savings of approximately $200/week in court security. Having no court on Tuesdays allows the sale of passports on Tuesdays. Judge Fair summarized if filings increase as anticipated, he will request the half-time position lost in 2012 be reinstated. Staff continues to explore online payments. Recent changes in City personnel in Finance and IT as well as changing banks have made that a difficult process. In 2014 he hoped to implement an electronic filing system whereby cases would be scanned and the paper file destroyed. Once a file is created, a file and any documents in it will only need to be handled once. This will save time and make document reproduction easier and more efficient. The City budgeted funds Edmonds City Council Draft Minutes March 5, 2013 Page 3 Packet Page 7 of 343 for a document retention and retrieval system in the City Clerk's Office. IT staff suggested combining those funds with funds from the Court Improvement Funds to purchase a document retention and retrieval system that works for the City and the Court. He pointed out such a system could be utilized by all City departments. Judge Fair summarized it was a pleasure and privilege to serve as the City's Municipal Court Judge. Edmonds is a great City and the court is a great facility. Councilmember Buckshnis commended Judge Fair on his report. She pointed out costs for interpreters were down considerably in 2012. Judge Fair answered it is primarily due to fewer filings but it could increase next year as there are no trends related to the need for an interpreter Councilmember Bloom asked Judge Fair to describe the community service option that allows a person to perform eight hours of community services versus a jail night. She asked what non-profit organizations were utilized. Judge Fair answered any 5016 is eligible to use community service. He noted the court is careful of the ones they use as there are some online community service organizations that are scams. The court tries to keep community service local; it is a good program that saves the City money. He noted doing eight hours of community gives a person time to reflect and make better choices. Councilmember Buckshnis commented the dog park had a person doing community service scooping dog waste. Judge Fair commented an ancillary benefit is sometimes people doing community service see they can do something or make a contact that may help them. He summarized the court's ultimate goal is to get people out of the court. Mayor Earling referred to Agenda Item 13, an executive session on a real estate matter and pending litigation. He announced the Council would not be discussing the real estate matter in executive session tonight and therefore would not make any decision in Agenda Item 14. 7. ANNUAL REPORT - EDMONDS CITIZENS' TREE BOARD AND ARBOR DAY PROCLAMATION. Tree Board President Anna Heckman explained the Tree Board has been in service for two years. She reviewed the Tree Board's accomplishments: Outreach o Edmonds Alive o Watershed Fun Fair o Farmers Market Education o Linden Mead — WDNR Urban Forestry Program o Lake Forest Park Urban forest volunteers o Community Tree Management Institute Proj ects o Edmonds Tree Canopy Cover o Heritage Tree Program o Design for Tree Code Update o Tree City USA and Tree City Growth Award Ms. Heckman described the Tree City USA program: • $2 per capital requirement • Work Plan • Arbor Day Edmonds City Council Draft Minutes March 5, 2013 Page 4 Packet Page 8 of 343 • Tree City USA Growth Awards Ms. Heckman provided further details regarding the Heritage Tree Program including the purpose: • Increase public awareness of trees and the importance and value of Edmonds' urban forest • Bring attention to and preserve unique and significant trees • Highlight trees as important parts of Edmonds' character and history • Encourage and engage citizens in their community Ms. Heckman provided the definition of a Heritage Tree: • A tree or collection of trees that is acknowledged and valued for the unique characteristics that set it apart from other similar trees. • Having historical significance to a person, place or event • Having attained significant size in height, canopy spread, or caliper for its age and species • Having special aesthetic qualities for its species • Possessing rare horticulture value • Prominently visible to the public • Not a hazard or obstruction • The owner of the tree agrees in writing to its being so designated She described the implementation of a Heritage Tree Program: • Program Set Up o City Council and legal approval o Municipal Ordinance or Code written and adopted per City requirements o nomination form, owner permission form, arborist's tree evaluation form • Publicity o website page o informational/promotional brochure • Incentive o award certificate (or signage) with Heritage designation o tree care instructions (customized by species) o list of supportive arborists or other tree maintenance sources Ms. Heckman provided details regarding developing tree code: • What do we have? o Step A. Assess the tree resource o Step B. Review tree management practices • What do we want? o Step C. Identify needs o Step D. Establish goals How do we get what we want? o Step E. Select tools and formulate the management strategy o Step F. Implement the management strategy Are we getting what we want? o Step G. Evaluate and revise She described the tree canopy cover analysis (done via I Tree) and the 2012 canopy cover distribution: • Non pervious — 15.1 % • Tree/canopy — 27.3 • Pavement — 22.1 % • Other pervious — 35.6% Edmonds City Council Draft Minutes March 5, 2013 Page 5 Packet Page 9 of 343 She provided a comparison of canopy covers: • Seattle — 23 % • WA DC — 35 % • Bellevue — 36 % • Kirkland — 40 % • Renton — 29 % • Shoreline — 31 % • American Forest Recommendation 40-42 % • Edmonds 25-29 % She described canopy cover project next steps: • Complete Data Collection o Fund complete canopy survey using LIDAR and NDVI GIS layers 0 1-2 days of City GIS Time o Assess what development zones tree planting focus should occur o Incorporate Critical Areas and Non City parks • Make a Plan o Set overall canopy cover goal o Set Time Line for Goal o Fund a street tree inventory and an ecosystem services study. o Canopy Quantity vs Quality - What are the benefits of tree Ms. Heckman described how trees pay back: • A large tree in the Pacific Northwest will provide $2,820 in environmental and other benefits over its lifetime. That's over a 300-percent return on investment! • Economic o Business sales o Property value Environmental Benefits o Storm water o CO2 o Pollutants o Health and wellness She explained on Arbor Day, the Tree Board plans to put up signs on Main Street that identify the trees and provide information regarding the environmental benefits. She read one of the signs, "this Tree is a Pin Oak. In this intersection of Main Street and 5th Avenue there are 8 oak trees. Together these oaks provide environmental benefits exceeding $2,086 per year. They intercept 28,462 gallons of stormwater and remove 7,055 lbs. of carbon dioxide from the atmosphere. Brought to you by the City of Edmonds Volunteer Tree Board. For Arbor Day, find the value of your trees using the National Tree Benefit Calculator at http://treebenefits.com/calculator." She announced Arbor Day is April 27, 2013. As fall is the appropriate time to plant trees in the Pacific Northwest, the focus of the spring Arbor Day will be educating the public. Ms. Heckman thanked Senior Planner Kernen Lien, Park Maintenance Manager Rich Lindsey, Parks Lead Dave Timbrook and Senior Executive Council Assistant Jana Spellman for their assistance and a pre-emptive thank you to Acting Development Services Director Rob Chave who will do their finances next year. Edmonds City Council Draft Minutes March 5, 2013 Page 6 Packet Page 10 of 343 Councilmember Fraley-Monillas asked the difference between a canopy and a forest. Ms. Heckman answered a forest is a functioning system not just the trees but also the understory canopy, mid -layer canopy, the fauna, etc. A canopy assessment is only the cover, not the functions the trees provide. Councilmember Bloom explained the Tree Board was formed without staff support; there has been staff support provided but it is not specific or regular. She asked what the Tree Board needs from the City to continue their work. Tree Board Member Susan Paine answered the volunteer board needs assistance with grant management, drafting code and legal analysis. Phase one of the Tree Code update will include, 1) definitions, 2) enforcement, and 3) penalties. Councilmember Bloom asked what would be needed for the Heritage Tree Program. Ms. Heckman answered that project is in the grant writing phase; incentives are needed to implement the program. Councilmember Bloom asked what mechanism would be used to adopt a Heritage Tree Program. Ms. Heckman answered a show of support from the Council such as a resolution. It was suggested a resolution be reviewed by the Parks, Planning and Public Works Committee. Councilmember Buckshnis was glad the Tree Board was updating the Tree Code, commenting good policy and procedures and sensible fines are important. She suggested the Tree Board seek assistance from Parks staff on grant writing. Mayor Earling read the proclamation proclaiming April 27, 2013 as Arbor Day in Edmonds. Ms. Paine commented the Tree Board is a collaborative team effort. She thanked the Council for the proclamation and for establishing the Tree Board. She advised there was a vacancy on the Tree Board. She also voiced her thanks to staff for their assistance. 8. PRESENTATION ON SUSTAINABLE DESIGN (VALERIE STEWART AND IAN DUNCAN) Planning Board Member Valerie Stewart described her background that includes a UW Certificate in Environmental Law and Regulation, IslandWood Education, Environment, and Community and Certified Sustainable Building Advisor. She provided a definition of sustainable design by Jason McLennan, Cascadia Region Green Building Council, "a design philosophy that seeks to maximize the quality of the built environment, while minimizing or eliminating negative impact to the natural environment." Sustainable design honors the earth's carry capacity and unsustainable building and lifestyles create more waste than can readily be assimilated and use resources more quickly than can be renewed. She displayed a graph illustrating natural capital (timber, water, energy and raw materials) spent by conventional buildings. She reviewed building's environmental impacts: Resource depletion o Use of fossil fuels o Use of virgin materials Environmental pollution o Production of waste o Unhealthy indoor air She explained sustainable development is development that meets the needs of the present without compromising the needs of the future. Sustainable development is also called green building. She encouraged the Council and the public to read, "Our Common Future." The primary goals of green building or sustainable development are resource conservation (energy, water, materials), ecosystem protection (air, water, soil) and indoor environmental quality. She reviewed what green building can do: Addresses Climate Change o Upgraded envelope Edmonds City Council Draft Minutes March 5, 2013 Page 7 Packet Page 11 of 343 o Landfill waste reduction o Tree preservation o CFC and HCFC-free insulation • Restores Salmon Habitat o Amend soil with compost o Advanced framing techniques o Pervious surfaces o Green infrastructure Reduces Asthma, Multiple Chemical Sensitivity o Access to public transportation o Low emitting building materials o Indoor pollution control o Building ventilation Address Social Equity, Access, Affordability o Energy efficiency o Improved air quality o Street design o Food production o Affordable housing She compared sustainable development to conventional development: Sustainable Development • Holistic; integrates site, systems, building envelope for highest performance • Eco-charrette design workshops with City green team; goals, benchmarks • Life cycle cost; triple bottom line accounting • 3`d party verified certification Conventional Development • Piecemeal approach; disciplines, stakeholders not together for planning • Little or no trained staff in green building • Concerned with first cost and short term payback; lacks long term view • Not accountable to proven standards of green building Ms. Stewart identified Green Building Certification programs that are third party verified via a checklist: National • National Association of Home Builders Green Building Program • USGBC LEED standards for New Construction, Existing Buildings, Core and Shell, Commercial Interiors, Neighborhood Development • Green Globes rates existing buildings against best practices and standards • Energy Star Northwest Re ig onal • Master Builders Association; Built Green • Salmon safe Ms. Stewart reviewed components in sustainable sites, explaining the checklist awards points for components: • Green parking lots • Charging stations and Flex Car spaces • Bicycle facilities • Green roofs • Stormwater reclamation Edmonds City Council Draft Minutes March 5, 2013 Page 8 Packet Page 12 of 343 • Water efficiency o Drought tolerant native plants o Rainwater harvesting o Low water appliances and fixtures o Rain gardens • Energy and Atmosphere o Climate responsive envelope o Natural ventilation o Daylighting o Right sized systems o Efficient equipment o Sensors and controls o Commissioning • Materials and Resources o Durability o Building reuse o CDL recycling o Salvaged materials o Recycled content o Design for disassembly • Indoor Environmental Quality o Eliminate materials with VOC's and other toxins o Good construction management o Acoustical comfort o Individual controls o Daylighting o Connection to nature She referred to the City's receipt of the Municipal Excellent Award, Going Green. She identified city pioneers in sustainable development policies: • City of Seattle Sustainable Building Policy 2000, energy disclosure requirement 2011 • City of Portland Creates High Performance Office Spaces 2004 • Issaquah, Kirkland, Bellingham, Seattle expedited permitting • Shoreline Sustainability Strategy 2006 • Lynnwood Energy Element 2007 • Bainbridge Island Green Building Ordinance 2009 • Seattle and Kirkland Green codes; 9 other local cities in the works Ms. Stewart displayed a diagram regarding building codes and assumptions. She commented on market drivers: • Green Financing based on energy efficiency and location • Green ratings and features to Multiple Listing forms; green buildings sell at a premium • Green leases- reduced energy costs, optimal indoor environmental quality JEQ), incentives for owners • Passive solar, rain gardens, locally sourced materials, early systems design saves money She displayed a diagram on code building resources. She highlighted features of Edmonds PCC LEED Platinum Salmon Safe certified 2010/2011: • Rainwater harvesting; 4500 gal tank diverts 160,000 gal; irrigation, flush toilets • Rain gardens redirect 1 million gal from parking lot, filters runoff Edmonds City Council Draft Minutes March 5, 2013 Page 9 Packet Page 13 of 343 Annual energy savings 50% better than industry standards Electric charging station No pesticide use She also displayed and reviewed case studies for a 5-Star Built Green historic home remodel, Lastingnest Woodland Project in Seattle, and a 5-Star Built Green development in Redmond, the Cottage Company. Ms. Stewart summarized sustainable design benefits the environment, it is smart for the economy and provides social equity. Steps to a sustainable future include: • Plan! Foster connections, activity, clean environment • Education for staff, officials, developers, citizens • Clarify code; enable green building, green team • Regular meetings with Builders' Council, WRIA8 Planning Board Member and LEED architect Ian Duncan identified the primary principles of green building: • Energy efficiency • Water efficiency • Resource conservation • Indoor environmental quality • Positive community impact He displayed a chart illustrating LEED point distribution, explaining the majority of points are from energy efficiency, much of which can be gained by simply caulking and flashing. A total of 110 points can be awarded to new construction; 35 are related to energy. Mr. Duncan referred to the perception that green building costs more than standard development, providing as an example Norman Foster's Hearst Tower in New York City that used 30% less steel than a conventional structure by changing the building's geometry. He cited benefits of green building such as: reduced capital costs, lower operating expenses, less impact on natural environment, healthy environments and improved productivity, stronger social networks and increased environmental awareness. He pointed out much of the information regarding green buildings refers to new buildings; Edmonds is approximately 90% built out. The code does not appear to have a clear definition of renovation versus demolition. He cited Austin, Texas as a case study; as an alternative to construction of a new power plant, Austin encouraged efficiency through rebates, solar panels, programmable thermostats, Energy Star Appliances, energy efficient lighting, free home energy audit and caulking flashing and glazing. As an example of a payback period, he explained retrofitting a 10,000 square foot commercial office building with high efficiency lighting would pay for itself in under three years. He described the average savings for LEED certified buildings: • Energy consumption- reduction of 28% • Water Consumption- reduction of 50% The average premium paid for construction of LEED certified buildings: • Platinum- 6.8% • Gold- 2.2% • Silver- 1.9% • Certified- 0.7% Edmonds City Council Draft Minutes March 5, 2013 Page 10 Packet Page 14 of 343 The potential lease/sale premium for LEED properties is 5-25%. The net present value of LEED could be up to $70/square foot. He provided a case study of the use of rain gardens to manage stormwater in the City of Bellingham: Project Conventional Vault Estimate Rain Garden Cost Bloedel Donovan Park parking lot $52,800 $12,800 City Hall parking lot $27,600 $5,600 He displayed several photographs and described a LEED project he did in Seattle, a rain garden, a roof garden, streetscape improvements in downtown Seattle, Chambers Bay golf course, and Roosevelt Neighborhood Streetscape concept renovation. He summarized Edmonds was a great place. Development is needed and should be encouraged but it can be done responsibly and does not need to cost more. Councilmember Buckshnis recalled Ms. Stewart experienced some frustration with the green permitting process for her own home. She asked how the green building permitting process could be improved. Ms. Stewart answered it is being discussed in the Mayor's Climate Protection Committee, such as streamlining permitting for green projects. She relayed Bellingham made changes to the permitting at the staff level with the Council's blessing and support from Sustainable Connections, the non-profit that assists Bellingham. Bellingham was able to implement streamlined permitting for green projects in six months. It would require a couple staff members who understand green buildings; help is also available from other jurisdictions. Councilmember Buckshnis suggested streamlined permitting for green projects be incorporated into the code rewrite. Councilmember Fraley-Monillas anticipated policies related to streamlined permitting could be developed quickly and suggested researching Shoreline and other cities' processes. Ms. Stewart commented builders want predictability and to ensure things such as inspections happen in a timely fashion. She emphasized there needs to be more guarantees for builders. Councilmember Bloom asked if a green team was intended to be a citizen committee. Ms. Stewart responded a green team is staff who review the documents and assign tasks to staff members. If there are two green -trained staff members who understand green building programs and processes, sustainable design, etc., there will always be someone available to handle a green project. There needs to be a point person who understands green building that follows the project from beginning to end and is available on call. Her personal experience found there was too much distance between staff members involved in the process at the City level. Councilmember Bloom asked if programs were available to train staff. Mr. Duncan replied the Green Building Council has numerous programs. Becoming a LEED AP requires studying the code and obtaining a certificate. He acknowledged LEED is not the end-all, be-all but it is quantifiable and there are performance reviews. Ms. Stewart answered she receives numerous announcements of training opportunities. Councilmember Bloom inquired about a committee. Ms. Stewart answered there is a subcommittee of the Climate Protection Committee that is interested in encouraging green building. Councilmember Johnson recalled the Tree Board's presentation and this presentation referred to the importance of green infrastructure. She referred to the Five Corners roundabout that has a center landscaped area that is basically a mound surrounded by a lot of impervious surface. She has been told pervious pavement is not appropriate in that area because of the soils. She asked how green techniques Edmonds City Council Draft Minutes March 5, 2013 Page 11 Packet Page 15 of 343 could be maximized for the center island and if it could be used as a rain garden. Mr. Duncan responded a rain garden is possible; the only issue is a retention pond must have a safety fence. There is a fine line between a rain garden and a retention pond. It could be done with a series of ponds but a central feature may raise public safety concerns. Councilmember Johnson relayed the idea is a mound with a wall around it and questioned how the mound could be turned into a rain garden. Mr. Duncan commented he was not familiar with the proposed plan but did not envision it as a lot of pavement so it would not be difficult to treat. Acting Development Services Director Rob Chave reported staff has had a green team for over a year. They are working on a sustainable operations plan for Development Services and have realized a 40% decrease in printing costs. Sustainable operations is not only reducing the carbon footprint but also reducing costs. The Building Department is investigating green codes, tracking what has occurred at the State Building Code Council and partnering with the State Department of Energy and other jurisdictions to streamline solar permitting and exploring online permitting. 9. UPDATE ON SNOHOMISH COUNTY BUILDABLE LANDS AND POPULATION/ EMPLOYMENT PROJECTIONS. Acting Development Services Director Rob Chave described a diagram illustrating the regional planning context and the relationship between GMA, multicounty planning policies, countywide planning policies, local plans and Puget Sound Regional Council (PSRC) planning. In a typical update process, the State Office of Financial Management (OFM) issues population projections by county. Snohomish County Tomorrow and Snohomish County go through a collaborative process to determine how the overall population projection for the County is allocated among individual jurisdictions. The current projections are through 2025. The next significant milestone occurs in 2015 when that milestone is extended to 2035. The 2015 update is significant because in addition to updated population and employment projections, it must acknowledge the regional growth strategy (RGS). He explained when PSRC updated Vision 2040, they adopted a regional growth strategy. He displayed a geological survey map illustrating growth in the region's urban footprint in 1950 compared to 2000. The concern is if nothing is done differently, all the resource lands outside the urban areas will be developed. He displayed a map identifying regional growth centers, manufacturing industrial centers, multimodal connections, and regional geographies (metropolitan cities, core cities, larger cities, small cites, unincorporated UGA, rural, Natural Resource Land (agriculture) and Natural Resources Land). Edmonds is considered a larger city. He explained to achieve the goals in VISION 2040, there is a new Regional Growth Strategy. Major components are: • Designation of geographic areas for regional growth centers, manufacturing and industrial centers, as well as other centers such as town centers and activity hubs in Urban Growth Areas (UGAs) and cities; • Planning for multi -modal connections and supportive land uses between centers and activity hubs; • Promotion of sustainability in all decision -making; and • Allocation of population and employment growth to regional geographies in Snohomish County. He displayed a bar graph illustrating population growth in metropolitan cities, core cities, larger cities, small cites, unincorporated UGA, and rural in Snohomish, Pierce, Kitsap and King Counties 2000 through 2040. The Snohomish County Tomorrow Planning and Advisory Committee considered what Edmonds City Council Draft Minutes March 5, 2013 Page 12 Packet Page 16 of 343 population and employment projections allocated according to the Regional Growth Strategy would look like for jurisdictions: RGS Regional Jurisdictions 2010 — 2035 2000- 2025 2000 — 2010 Geography RGS Growth Growth Actual Allocation Target Change Metropolitan City Everett 26% 8% 3% Core city Bothell, Lynnwood 11% 6% 4% Large City Arlington, Edmonds, Lake 24% 28% 32% Stevens, Marysville, Mill Creek, Monroe, Mountlake Terrace, Mukilteo Small City Brier, Darrington, Gold Bar, 7% 6% 4% Granite Falls, Index, Snohomish, Sultan, Woodway Unincorporated UGA 23% 42% 48% Urban Area Total 89 % 89 % 92 % Unincorporated Rural 11 % 11 % 8 % Countywide Total 100 % 100 % 100 % Mr. Chave reviewed Snohomish County's approach: 1. Direct growth into cities within Regional Geography categories as per the RGS; 2. Direct growth into cities between Regional Geography categories; 3. Direct growth into unincorporated Municipal Urban Growth Areas likely to be annexed, with an emphasis on urban center locations and along transit corridors; He displayed and reviewed a bar graph illustrating the 2010-2035 population growth proposed by the RGS and 2010-2025 additional population capacity (for 2007 BLR) for metropolitan cities, core cities, larger cities, small cites, unincorporated UGAs, and rural areas. He noted in recent decades less development has occurred in areas such as Edmonds because it is less expensive to develop in rural areas. Under the RGS, that trend is supposed to change. He also displayed and reviewed a bar graph illustrating the share of 2000-2010 county population growth and share of 2010-2035 county population growth for metropolitan cities, core cities, larger cities, small cites, unincorporated UGAs, and rural areas. He displayed a Draft 203 RGS Population Distribution using Final Draft 2012 BLR Population capacity to illustrate the amount of data that is compiled. Mr. Chave provided the major findings from a County fact sheet: "Population growth and employment growth countywide under the Regional Growth Strategy (RGS) are in line with past trends and the adopted 2025 countywide targets. However, the distribution of population growth within the county, in particular, changes significantly under the RGS since it is more heavily weighted toward cities with regional growth centers (the metropolitan city and core cities) and away from the unincorporated UGA than has been the case in the past." Mr. Chave displayed the 2035 initial plan targets: Geography 2011 Pop 2035 RGS Medium Scenario 2035 Pop Capacity Initial 2035 RGS "Planning Target" Avg Annual Pop Change Avg Annual Pop Change (%) Metro City 103,100 164,812 143,000 143,000 1,663 1.4% Core 52,430 77,914 73,989 73,989 898 1.4% Larger 222,657 278,969 280,842 286,293 2,652 1.1% Edmonds City Council Draft Minutes March 5, 2013 Page 13 Packet Page 17 of 343 Small 34,536 50,400 49,628 50,400 661 1.6% Uninc. Urban 182,990 235,737 279,250 256,485 3,062 1.4% Non-UGA 121,287 147,449 145,115 993 0.8% Total County 717,000 955,281 955,281 9,928 1.2% Edmonds 39,800 44,980 45,550 45,550 240 0.6 % Councilmember Buckshnis asked about Municipal Growth Urban Areas (MUGA). Mr. Chave answered MUGAs are urban growth areas associated with a particular city and intended to annex to a designated city over time. Edmonds' MUGA is Esperance. Councilmember Buckshnis commented one of the concerns with urban sprawl is public safety, roads, public transportation, etc. Councilmember Johnson asked Mr. Chave to speak to the policy implications if Edmonds were redefined as a core city with regard to land use and regional transportation. Mr. Chave answered core cities are associated with regional growth centers. That is why Lynnwood and Bothell are core cities. In order to be defined as a core city, Edmonds would have to identify a place where that level of development would occur. The only place that could possibly occur is on Highway 99. It is a rigorous process at the PSRC level to prove a certain threshold of density and the appropriate zoning exists so it can reasonably be expected that development will occur. The benefit, particularly at the regional level, is access to transportation, infrastructure, etc. funds. The RGS is clear that priorities for the future are metropolitan cities and core cities and they will receive the majority of funds. Mayor Earling commented from his experience with the Growth Management Hearings Board, he was unsure Edmonds wanted to take on the responsibility of being core city. Councilmember Bloom asked how population capacity is determined. Mr. Chave answered it is largely determined by Snohomish County via GIS and parcel level data, considering zoning, critical areas, developed and undeveloped areas, and underdeveloped areas, and applying growth factors. He summarized capacity numbers are based on existing plans and zoning. He pointed out capacity is not fixed; for example if development begins to occur on Highway 99, Edmonds' capacity could potentially increase significantly. 10. DISCUSSION AND POTENTIAL ACTION REGARDING LIVE AIRING OF CITY COUNCIL MEETINGS. Council President Petso explained staff is close to having the ability to air Council meetings live. With Council approval, live broadcasting will commence when staff is confident the system is working properly. Councilmember Fraley-Monillas asked the negatives of live airing City Council meetings. Council President Petso answered she was not aware of any. She has been told there are advantages and efficiencies of live broadcasting for the Council's and the Mayor's staffs. Councilmember Buckshnis expressed support for live airing of Council meetings to help citizens understand the process and make the Council's processes more transparent. Councilmember Fraley-Monillas observed either Lynnwood or Shoreline broadcasts their Council meetings live; citizens like it and there have not been any problems. Councilmember Bloom expressed her support for transparency reasons. She suggested a format that would allow citizens to call in to provide comment, recalling that is possible in some other cities. Council President Petso responded that had not been considered, the first step was to see if live airing worked. Edmonds City Council Draft Minutes March 5, 2013 Page 14 Packet Page 18 of 343 Live airing would occur when staff was confident the system was working properly. She assumed if the Council did not like live airing for some reason, it could be discontinued. Councilmember Buckshnis commented one issue with the public calling in would be verifying the identity of the caller. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO PROCEED WITH LIVE AIRING OF CITY COUNCIL MEETINGS WHEN STAFF WAS CONFIDENT THE SYSTEM WAS WORKING PROPERLY. MOTION CARRIED UNANIMOUSLY. 11. MAYOR'S COMMENTS Mayor Earling reported customer service workshops will be provided to staff members who are initial points of contact. He offered to send Councilmembers the dates of the workshops. Mayor Earling relayed his plans to make a State of the City address at the Wade James Theater on March 13, from 8:30 to 9:30 a.m. Dr. David Jaffe, Swedish -Edmonds, and Dr. Jean Hernandez, Edmonds Community College, will also participate. 12. COUNCIL COMMENTS Councilmember Johnson reported on her tour of the Edmonds PCC store today, thanks to Matt Smith. The Edmonds PCC commissary provides all the bakery goods for the nine PCCs in the Puget Sound area. PCC employs 130 people and is a LEED building, embracing the green initiatives that were discussed tonight. Council President Petso commented on the excellent City volunteers that were present at tonight's meeting from the Tree Board and the Planning Board. She noted the work done by volunteers is a gift to the City. The Council and Mayor are working on a volunteer recognition event. Council President Petso reported Council agendas are filling quickly and she encouraged Councilmembers to check the extended agenda. The full Council will meet next week prior to committee meetings. She anticipated a workshop in the near future regarding a levy and/or Metropolitan Park District due to upcoming election deadlines. With regard to Robert's Rules, she is working on scheduling training and has delayed adoption of Robert's Rules until training can be conducted. She anticipated the cost of training will be approximately $500, funded from Council miscellaneous. Councilmember Buckshnis reported the Snohomish County Interjurisdictional Housing Committee, a subcommittee of Snohomish County Tomorrow, will meet on Thursday to review the Interlocal Agreement. Participating cities included Mukilteo, Mountlake Terrace, Lake Stevens, Everett, Mill Creek, Snohomish, Sultan, Marysville, Edmonds, Lynnwood, Woodway, Granite Falls, Housing Authority of Snohomish County and Snohomish County. The Interjurisdictional Housing Committee will help with land development for affordable housing and grant funds have been provided by the Gates Foundation. The fee for Edmonds' participation will be minimal, approximately $2100-$2500. Councilmember Bloom echoed Council President Petso's comment about the City's incredible volunteers. She has met with volunteers at the Strategic Planning Committee, the Economic Development Commission and the Tree Board. She summarized the work volunteers do is amazing and the City is very fortunate to have them. Edmonds City Council Draft Minutes March 5, 2013 Page 15 Packet Page 19 of 343 13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING LITIGATION PER RCW 42.30.110(1)(i) At 9:16 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 10 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley- Monillas, Buckshnis, Petso and Bloom. Others present were City Attorney Jeff Taraday and City Clerk Sandy Chase. The executive session concluded at 9:26 p.m. 14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN Mayor Earling reconvened the meeting in the Council Chambers at 9:29 p.m. No action was taken as a result of meeting in executive session. 15. ADJOURN With no further business, the Council meeting was adjourned at 9:29 p.m. Edmonds City Council Draft Minutes March 5, 2013 Page 16 Packet Page 20 of 343 AM-5565 3. B. City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: Consent Submitted For: Ronald Cone Submitted By: Nori Jacobson Department: Finance Committee: Tyne: Action Information Subject Title Approval of claim checks #200858 through #200976 dated March 7, 2013 for $303,548.02 (reissued check #200858 $55,418.17). Approval of payroll direct deposit & checks #60055 through #60071 and #60083 for $471,026.08, benefit checks #60072 through #60082 and wire payments of $204,456.71 for the period February 16, 2013 through February 28, 2013. Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Fiscal Impact Fiscal Year: 2013 Revenue: Expenditure: 979,030.81 Fiscal Impact: Claims $303,548.02 Reissued check $55,418.17 (check number 200858) Payroll Employee checks and direct deposit $471,026.08 Payroll Benefit checks and wire payments $204,456.71 Total Payroll $675,482.79 Claim Checks 03-07-13 Project Numbers Payroll Benefit 2-28-13 Payroll Summary 2-28-13a Payroll Summary 2-28-13b Claim Reissued Check Inbox Finance City Clerk Mayor Attachments Form Review Reviewed By Date Ronald Cone 03/07/2013 09:30 AM Sandy Chase 03/07/2013 09:31 AM Dave Earling 03/07/2013 12:45 PM Packet Page 21 of 343 Finalize for Agenda Form Started By: Nori Jacobson Final Approval Date: 03/07/2013 Sandy Chase 03/07/2013 01:14 PM Started On: 03/07/2013 08:05 AM Packet Page 22 of 343 vchlist Voucher List Page: 1 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200859 3/7/2013 072627 911 ETC INC 22393 MONTHLY 911 DATABASE MAINT Monthly 911 database maint 001.000.31.518.88.48.00 100.00 Total : 100.00 200860 3/7/2013 073947 A WORKSAFE SERVICE INC 172726 Drug testing services Drug testing services 001.000.64.576.80.49.00 52.00 Drug Testing services 423.000.75.535.80.41.00 52.00 Total : 104.00 200861 3/7/2013 070322 A&A LANGUAGE SERVICES INC 1Z766312 JAN 19 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 130.00 CR18742 JAN 26 INTERPRETER FEES INTERPRETER FEES 001.000.23.523.30.41.01 158.60 CR27152 JAN 9 INTERPRETER FEES INTERPRETER FEES 001.000.23.523.30.41.01 147.60 CR29153 JAN 23 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 161.90 Total : 598.10 200862 3/7/2013 065052 AARD PEST CONTROL 316843 MEADOWDALE CC RODENT SERVI MEADOWDALE CC RODENT SERVI 001.000.64.576.80.48.00 75.00 9.5% Sales Tax 001.000.64.576.80.48.00 7.12 316861 SENIOR CENTER AND PARKS MAID SENIOR CENTER AND PARKS MAIP 001.000.64.576.80.48.00 105.00 9.5% Sales Tax Page: 1 Packet Page 23 of 343 vchlist Voucher List Page: 2 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200862 3/7/2013 065052 AARD PEST CONTROL (Continued) 001.000.64.576.80.48.00 9.98 Total : 197.10 200863 3/7/2013 068020 ADVANCED INTERACTIVE SYSTEMS 20014682 INV#20014682 - EDMONDS PD LASER BATTERIES OF 300 SERIES 001.000.41.521.22.31.00 80.00 9.5% Sales Tax 001.000.41.521.22.31.00 7.60 20014683 INV#20014683 - EDMONDS PD REPAIR PRISM ON 2/25/13 001.000.41.521.40.48.00 450.00 9.5% Sales Tax 001.000.41.521.40.48.00 42.75 Total : 580.35 200864 3/7/2013 071177 ADVANTAGE BUILDING SERVICES 13-0075 Monthly janitorial service Monthly janitorial service 423.000.76.535.80.41.23 334.00 Total : 334.00 200865 3/7/2013 074076 ADVANTAGE GRAPHICS INC 12152 2013 BUDGET BOOKS PRINTING & 2013 Budget book printing - Qty 50 001.000.31.514.23.49.00 840.00 9.5% Sales Tax 001.000.31.514.23.49.00 79.80 Total : 919.80 200866 3/7/2013 001528 AM TEST INC 74217 metals samples for ssi evaluation metals samples for ssi evaluation 423.100.76.594.39.41.10 900.00 Total : 900.00 200867 3/7/2013 069667 AMERICAN MARKETING 16333 SMALL PLATES FOR MARSH INTEF SMALL PLATES FOR MARSH INTEF 127.000.64.575.50.31.00 516.00 Page: 2 Packet Page 24 of 343 vchlist Voucher List Page: 3 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200867 3/7/2013 069667 AMERICAN MARKETING (Continued) Freight 127.000.64.575.50.31.00 14.48 9.5% Sales Tax 127.000.64.575.50.31.00 50.40 Total : 580.88 200868 3/7/2013 064961 ANDY'S MOTEL RM 29 2/15-2/19/13 HOUSING FOR DV VICTIM HOUSING FOR DV VICTIM (ARRANT 001.000.41.521.10.49.00 200.00 Total : 200.00 200869 3/7/2013 069751 ARAMARK UNIFORM SERVICES 655-6678652 WEEKLY UNIFORM SERVICE WEEKLY UNIFORM SERVICE 001.000.64.576.80.24.00 33.26 Total : 33.26 200870 3/7/2013 069751 ARAMARK UNIFORM SERVICES 655-6631392 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 20.40 9.5% Sales Tax 001.000.66.518.30.24.00 1.94 655-6631398 WWTP UNIFORMS, TOWELS, & MA WWTP UNIFORMS 423.000.76.535.80.24.00 1.14 WWTP TOWELS & MATS 423.000.76.535.80.41.11 55.50 9.5% Sales Tax 423.000.76.535.80.24.00 0.11 9.5% Sales Tax 423.000.76.535.80.41.11 5.27 655-6635834 PUBLIC WORKS OMC LOBBY MAT, PUBLIC WORKS OMC LOBBY MAT: 001.000.65.519.91.41.00 1.07 PUBLIC WORKS OMC LOBBY MAT: 111.000.68.542.90.41.00 4.07 Page: 3 Packet Page 25 of 343 vchlist Voucher List Page: 4 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 200870 3/7/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) PUBLIC WORKS OMC LOBBY MAT: 421.000.74.534.80.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 422.000.72.531.90.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 423.000.75.535.80.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 511.000.77.548.68.41.00 4.09 9.5% Sales Tax 001.000.65.519.91.41.00 0.10 9.5% Sales Tax 111.000.68.542.90.41.00 0.39 9.5% Sales Tax 421.000.74.534.80.41.00 0.39 9.5% Sales Tax 422.000.72.531.90.41.00 0.39 9.5% Sales Tax 423.000.75.535.80.41.00 0.39 9.5% Sales Tax 511.000.77.548.68.41.00 0.38 655-6635835 STREET/STORM DIVISION UNIFOR STREET/STORM DIVISION UNIFOR 111.000.68.542.90.24.00 5.00 STREET/STORM DIVISION UNIFOR 422.000.72.531.90.24.00 5.00 9.5% Sales Tax 111.000.68.542.90.24.00 0.48 9.5% Sales Tax 422.000.72.531.90.24.00 0.47 655-6635836 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 3.64 FLEET DIVISION MATS 511.000.77.548.68.41.00 6.36 Page: 4 Packet Page 26 of 343 vchlist Voucher List Page: 5 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 200870 3/7/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) 9.5% Sales Tax 511.000.77.548.68.24.00 0.35 9.5% Sales Tax 511.000.77.548.68.41.00 0.60 655-6643279 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 18.55 9.5% Sales Tax 001.000.66.518.30.24.00 1.76 655-6643284 WWTP UNIFORMS, TOWELS, & MA WWTP UNIFORMS 423.000.76.535.80.24.00 1.14 WWTP TOWELS & MATS 423.000.76.535.80.41.11 54.90 9.5% Sales Tax 423.000.76.535.80.24.00 0.11 9.5% Sales Tax 423.000.76.535.80.41.11 5.21 655-6647755 PUBLIC WORKS OMC LOBBY MAT: PUBLIC WORKS OMC LOBBY MAT: 001.000.65.519.91.41.00 1.07 PUBLIC WORKS OMC LOBBY MAT: 111.000.68.542.90.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 421.000.74.534.80.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 422.000.72.531.90.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 423.000.75.535.80.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT: 511.000.77.548.68.41.00 4.09 9.5% Sales Tax 001.000.65.519.91.41.00 0.10 9.5% Sales Tax Page: 5 Packet Page 27 of 343 vchlist Voucher List Page: 6 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 200870 3/7/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) 111.000.68.542.90.41.00 0.39 9.5% Sales Tax 421.000.74.534.80.41.00 0.39 9.5% Sales Tax 422.000.72.531.90.41.00 0.39 9.5% Sales Tax 423.000.75.535.80.41.00 0.39 9.5% Sales Tax 511.000.77.548.68.41.00 0.38 655-6647756 STREET/STORM DIVISION UNIFOR STREET/STORM DIVISION UNIFOR 111.000.68.542.90.24.00 5.00 STREET/STORM DIVISION UNIFOR 422.000.72.531.90.24.00 5.00 9.5% Sales Tax 111.000.68.542.90.24.00 0.48 9.5% Sales Tax 422.000.72.531.90.24.00 0.47 655-6647757 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 3.64 FLEET DIVISION MATS 511.000.77.548.68.41.00 6.61 9.5% Sales Tax 511.000.77.548.68.24.00 0.35 9.5% Sales Tax 511.000.77.548.68.41.00 0.62 655-6655039 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 18.55 9.5% Sales Tax 001.000.66.518.30.24.00 1.76 655-6655045 WWTP UNIFORMS, TOWELS, & MA WWTP UNIFORMS Page: 6 Packet Page 28 of 343 vchlist Voucher List Page: 7 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 200870 3/7/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) 423.000.76.535.80.24.00 1.14 WWTP TOWELS & MATS 423.000.76.535.80.41.11 54.10 9.5% Sales Tax 423.000.76.535.80.24.00 0.11 9.5% Sales Tax 423.000.76.535.80.41.11 5.14 655-6659467 PUBLIC WORKS OMC LOBBY MAT: PUBLIC WORKS OMC LOBBY MAT: 001.000.65.519.91.41.00 1.07 PUBLIC WORKS OMC LOBBY MAT: 111.000.68.542.90.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 421.000.74.534.80.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 422.000.72.531.90.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 423.000.75.535.80.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT: 511.000.77.548.68.41.00 4.09 9.5% Sales Tax 001.000.65.519.91.41.00 0.10 9.5% Sales Tax 111.000.68.542.90.41.00 0.39 9.5% Sales Tax 421.000.74.534.80.41.00 0.39 9.5% Sales Tax 422.000.72.531.90.41.00 0.39 9.5% Sales Tax 423.000.75.535.80.41.00 0.39 9.5% Sales Tax 511.000.77.548.68.41.00 0.38 655-6659468 STREET/STORM DIVISION UNIFOR STREET/STORM DIVISION UNIFOR Page: 7 Packet Page 29 of 343 vchlist Voucher List Page: 8 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 200870 3/7/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) 111.000.68.542.90.24.00 5.00 STREET/STORM DIVISION UNIFOR 422.000.72.531.90.24.00 5.00 9.5% Sales Tax 111.000.68.542.90.24.00 0.48 9.5% Sales Tax 422.000.72.531.90.24.00 0.47 655-6659469 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 3.64 FLEET DIVISION MATS 511.000.77.548.68.41.00 6.36 9.5% Sales Tax 511.000.77.548.68.24.00 0.35 9.5% Sales Tax 511.000.77.548.68.41.00 0.60 655-6666882 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 18.55 9.5% Sales Tax 001.000.66.518.30.24.00 1.76 655-6666887 WWTP UNIFORMS, TOWELS, & MA WWTP UNIFORMS 423.000.76.535.80.24.00 1.14 WWTP TOWELS & MATS 423.000.76.535.80.41.11 54.10 9.5% Sales Tax 423.000.76.535.80.24.00 0.11 9.5% Sales Tax 423.000.76.535.80.41.11 5.14 655-6671370 PUBLIC WORKS OMC LOBBY MAT: PUBLIC WORKS OMC LOBBY MAT: 001.000.65.519.91.41.00 1.07 PUBLIC WORKS OMC LOBBY MAT, Page: 8 Packet Page 30 of 343 vchlist Voucher List Page: 9 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 200870 3/7/2013 069751 ARAMARK UNIFORM SERVICES Invoice PO # Description/Account Amount (Continued) 111.000.68.542.90.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 421.000.74.534.80.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 422.000.72.531.90.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT, 423.000.75.535.80.41.00 4.07 PUBLIC WORKS OMC LOBBY MAT: 511.000.77.548.68.41.00 4.09 9.5% Sales Tax 001.000.65.519.91.41.00 0.10 9.5% Sales Tax 111.000.68.542.90.41.00 0.39 9.5% Sales Tax 421.000.74.534.80.41.00 0.39 9.5% Sales Tax 422.000.72.531.90.41.00 0.39 9.5% Sales Tax 423.000.75.535.80.41.00 0.39 9.5% Sales Tax 511.000.77.548.68.41.00 0.38 655-6671371 STREET/STORM DIVISION UNIFOR STREET/STORM DIVISION UNIFOR 111.000.68.542.90.24.00 5.00 STREET/STORM DIVISION UNIFOR 422.000.72.531.90.24.00 5.00 9.5% Sales Tax 111.000.68.542.90.24.00 0.48 9.5% Sales Tax 422.000.72.531.90.24.00 0.47 655-6671372 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 3.64 FLEET DIVISION MATS Page: 9 Packet Page 31 of 343 vchlist Voucher List Page: 10 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200870 3/7/2013 069751 ARAMARK UNIFORM SERVICES (Continued) 511.000.77.548.68.41.00 6.36 9.5% Sales Tax 511.000.77.548.68.24.00 0.35 9.5% Sales Tax 511.000.77.548.68.41.00 0.60 Total : 509.42 200871 3/7/2013 071124 ASSOCIATED PETROLEUM 0407832-IN #2 Diesel fuel #2 Diesel fuel 423.000.76.535.80.32.00 12,572.92 9.5% Sales Tax 423.000.76.535.80.32.00 1,194.43 Total : 13,767.35 200872 3/7/2013 069120 AST CAPITAL TRUST COMPANY Council MEBT COUNCIL MEBT CONTRIBUTIONS February 2013 MEBT for Council 811.000.231.520 845.30 Total : 845.30 200873 3/7/2013 069076 BACKGROUND INVESTIGATIONS INC COE0213 Background checks Background checks 001.000.22.518.10.41.00 30.00 Total : 30.00 200874 3/7/2013 074347 BARUSHKA, ALENA BARUSHKA 02/26/2013 REFUND -RETURNING AD FEE REFUND -RETURNING AD FEE 001.000.239.200 10.00 Total : 10.00 200875 3/7/2013 002500 BLUMENTHAL UNIFORMS & EQUIP 980519 INV#980519 - EDMONDS PD - LIM REMOVE OLD NAMETAG FROM JAI 001.000.41.521.22.24.00 2.50 SEW NEW NAMETAG ON JACKET 001.000.41.521.22.24.00 2.50 NAME TAGS "D. LIM" Page: 10 Packet Page 32 of 343 vchlist Voucher List Page: 11 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200875 3/7/2013 002500 BLUMENTHAL UNIFORMS & EQUIP (Continued) 001.000.41.521.22.24.00 9.90 SEW VELCRO ON BACK OF EMBLE 001.000.41.521.22.24.00 5.00 9.5% Sales Tax 001.000.41.521.22.24.00 1.89 980670 INV#980670 - EDMONDS PD - RAM; TURTLE NECK SHIRT 001.000.41.521.22.24.00 22.50 9.5% Sales Tax 001.000.41.521.22.24.00 2.14 Total : 46.43 200876 3/7/2013 074229 BONNIE AUBUCHON AUBUCHON 16451 JOY OF ART 16451 JOY OF ART 16451 001.000.64.571.22.41.00 137.50 Total : 137.50 200877 3/7/2013 073465 BRENNAN HEATING BLD20130204 Online Permit Void/Not in City. Online Permit Void/Not in City. 001.000.257.620 95.00 Total : 95.00 200878 3/7/2013 069295 BROWN, CANDY BROWN FEBRUARY 2013 FEBRUARY BIRD NATUALIST CLAS FEBRUARY BIRD NATUALIST CLAS 001.000.64.574.35.41.00 46.20 Total : 46.20 200879 3/7/2013 074348 BURKEMPER, RACHEL BURKEMPER 02/27/2013 REFUND- INSUFFCIENT REGISTRA REFUND- INSUFFCIENT REGISTRA 001.000.239.200 70.00 Total : 70.00 200880 3/7/2013 073029 CANON FINANCIAL SERVICES 12544374 CANON CONTRACT CHARGES C10 Canon contract charges C1030 001.000.61.519.70.45.00 9.33 Page: 11 Packet Page 33 of 343 vchlist Voucher List Page: 12 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200880 3/7/2013 073029 CANON FINANCIAL SERVICES (Continued) Canon contract charges C1030 001.000.22.518.10.45.00 9.33 Canon contract charges C1030 001.000.21.513.10.45.00 9.33 9.5% Sales Tax 001.000.61.519.70.45.00 0.89 9.5% Sales Tax 001.000.22.518.10.45.00 0.89 9.5% Sales Tax 001.000.21.513.10.45.00 0.88 12561205 CANON CONTRACT CHARGES C50 Contract charges for the C5051 001.000.61.519.70.45.00 83.35 Contract charges for the C5051 001.000.22.518.10.45.00 83.35 Contract charges for the C5051 001.000.21.513.10.45.00 83.29 9.5% Sales Tax 001.000.61.519.70.45.00 7.92 9.5% Sales Tax 001.000.22.518.10.45.00 7.92 9.5% Sales Tax 001.000.21.513.10.45.00 7.91 Total : 304.39 200881 3/7/2013 073029 CANON FINANCIAL SERVICES 12560471 WWTP CONTRACT 001-0601079-00 WWTP CONTRACT 001-0601079-00 423.000.76.535.80.45.41 85.80 Total : 85.80 200882 3/7/2013 003510 CENTRAL WELDING SUPPLY RN02130974 HELIUM FOR GYMNASTICS HELIUM FOR GYMNASTICS 001.000.64.575.55.45.00 11.75 9.5% Sales Tax 001.000.64.575.55.45.00 1.12 Page: 12 Packet Page 34 of 343 vchlist Voucher List Page: 13 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200882 3/7/2013 003510 003510 CENTRAL WELDING SUPPLY (Continued) Total : 12.87 200883 3/7/2013 003515 CH2M HILL INC 38113004823 Support for SSI project Support for SSI project 423.100.76.594.39.41.10 7,000.08 Total : 7,000.08 200884 3/7/2013 064840 CHAPUT, KAREN E CHAPUT 17468 FRIDAY NIGHT OUT 17468 FRIDAY NIGHT OUT 17468 001.000.64.571.22.41.00 70.68 Total : 70.68 200885 3/7/2013 073617 CLIFTON, AMBER 22613 TRAINING FOR COURT EMPLOYEE TRAINING FOR COURT EMPLOYEE 001.000.23.523.30.43.00 27.67 Total : 27.67 200886 3/7/2013 073667 COBURN, LI COBURN 02/28/2013 VOLLEYBALL GYM ATTENDANT VOLLEYBALL GYM ATTENDANT 001.000.64.575.52.41.00 140.00 Total : 140.00 200887 3/7/2013 070300 CODE 4 INC 11419 INV 11419 EDMONDS PD - RAMSEL EFFECTIVE CONTACTS W/MENTAL 001.000.41.521.40.49.00 99.00 Total : 99.00 200888 3/7/2013 073135 COGENT COMMUNICATIONS INC MAR-13 C/A CITYOFED00001 Mar-13 Fiber Optics Internet Connect 001.000.31.518.87.42.00 407.20 Total : 407.20 200889 3/7/2013 070323 COMCAST 8498310300721433 CEMETRY BUNDLED SERVICE CEMETRY BUNDLED SERVICE 130.000.64.536.20.42.00 116.50 Total : 116.50 Page: 13 Packet Page 35 of 343 vchlist Voucher List Page: 14 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200890 3/7/2013 065683 CORRY'S FINE DRY CLEANING FEB 2013 DRY CLEANING JAN/FEB - EDMONI CLEANING/LAUNDRY JAN/FEB 201: 001.000.41.521.22.24.00 985.33 Total : 985.33 200891 3/7/2013 072189 DATASITE 32444 INV#32444 ACCT#61515 - EDMOND SHREDDING 2 TOTES 2-14-13 001.000.41.521.10.41.00 80.00 Total : 80.00 200892 3/7/2013 072189 DATASITE 32320 SHREDDING SERVICES/CABINETS Doc Shred & storage 001.000.25.514.30.41.00 90.00 Doc Shred Services Finance 001.000.31.514.23.41.00 25.00 Total : 115.00 200893 3/7/2013 070230 DEPARTMENT OF LICENSING 2/21/13 - 3/6/13 STATE SHARE OF CONCEALED PI: State Share of Concealed Pistol 001.000.237.190 381.00 Total : 381.00 200894 3/7/2013 029900 DEPT OF RETIREMENT SYSTEMS February DRS FEBRUARY 2013 DRS February 2013 DRS 811.000.231.540 159,550.04 Total : 159,550.04 200895 3/7/2013 064531 DINES, JEANNIE 13-3341 MINUTE TAKING 2/19 & 2/26 Council Minutes 001.000.25.514.30.41.00 462.00 Total : 462.00 200896 3/7/2013 068591 DOUBLEDAY, MICHAEL 022831 STATE LOBBYIST FOR FEBRUARY State lobbyist for February 2013 001.000.61.519.70.41.00 4,135.00 Total : 4,135.00 Page: 14 Packet Page 36 of 343 vchlist Voucher List Page: 15 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 200897 3/7/2013 007775 EDMONDS CHAMBER OF COMMERCE 02/28/2013 200898 3/7/2013 069523 EDMONDS P&R YOUTH SCHOLARSHIP BRANTING 16669 BRANTING 16798 BRANTING 16896 BRIGGS 16571 BRIGGS 16649 KENNEMUR 16627 200899 3/7/2013 008812 ELECTRONIC BUSINESS MACHINES 084975 084989 PO # Description/Account Amount CHAMBER LUNCHEON FEBRUARY February Chamber luncheon Mayor 8 001.000.21.513.10.49.00 40.00 Total : 40.00 ATLUA BRANTING 16669 FUN FACT ATLUA BRANTING 16669 FUN FACT 122.000.64.571.20.49.00 71.00 PEUEL BRANTING 16798 PEUEL BRANTING 16798 122.000.64.571.20.49.00 47.00 ADRIENNE BRANTING 16896 KIND[ ADRIENNE BRANTING 16896 KIND[ 122.000.64.571.20.49.00 55.00 ELIANA BRIGGS 16581 GYMNASTIC ELIANA BRIGGS 16581 GYMNASTIC 122.000.64.571.20.49.00 75.00 BRIGGS 16649 GYMNASTICS BRIGGS 16649 GYMNASTICS 122.000.64.571.20.49.00 75.00 ALISON KENNEMUR 16627 GYMNA ALISON KENNEMUR 16627 GYMNA 122.000.64.571.20.49.00 75.00 Total : 398.00 MONTHLY MAINTENANCE AGREED MONTHLY MAINTENANCE AGREED 001.000.64.571.21.45.00 31.70 9.5% Sales Tax 001.000.64.571.21.45.00 3.01 MONTHLY MAINTENANCE AGREEN MONTHLY MAINTENANCE AGREEN 001.000.64.571.21.45.00 173.75 9.5% Sales Tax 001.000.64.571.21.45.00 16.51 Page: 15 Packet Page 37 of 343 vchlist Voucher List Page: 16 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200899 3/7/2013 008812 008812 ELECTRONIC BUSINESS MACHINE: (Continued) Total : 224.97 200900 3/7/2013 008812 ELECTRONIC BUSINESS MACHINES 084697 COPIER MAINT COPIER MAINT 001.000.23.512.50.45.00 5.20 084731 COPIER MAINT COPIER MAINT 001.000.23.523.30.45.00 80.06 085069 COPIER MAINT COPIER MAINT 001.000.23.512.50.45.00 2.57 Total : 87.83 200901 3/7/2013 008812 ELECTRONIC BUSINESS MACHINES 084990 CUST# MK5533 C5051 GQM52286 C Meter charges 01/30/13 - 02/28/13 B! 001.000.31.514.23.48.00 176.66 9.5% Sales Tax 001.000.31.514.23.48.00 16.78 085030 ZSYST MK0315 PRINTER MAINTEN Maintenance excess for printers 001.000.31.518.88.35.00 582.01 9.5% Sales Tax 001.000.31.518.88.35.00 55.29 Total : 830.74 200902 3/7/2013 008812 ELECTRONIC BUSINESS MACHINES 084991 COPIER CHARGES C5051 Copier charges C5051 001.000.61.519.70.45.00 138.67 Copier charges C5051 001.000.22.518.10.45.00 138.67 Copier charges C5051 001.000.21.513.10.45.00 138.59 9.5% Sales Tax 001.000.61.519.70.45.00 13.17 9.5% Sales Tax 001.000.22.518.10.45.00 13.17 Page: 16 Packet Page 38 of 343 vchlist Voucher List Page: 17 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200902 3/7/2013 008812 ELECTRONIC BUSINESS MACHINES (Continued) 9.5% Sales Tax 001.000.21.513.10.45.00 13.17 Total : 455.44 200903 3/7/2013 008812 ELECTRONIC BUSINESS MACHINES 084974 METER READING Recep. Desk copier 10/21 to 11/21 001.000.25.514.30.45.00 23.37 9.5% Sales Tax 001.000.25.514.30.45.00 2.22 084996 METER READING Meter Reading 2/28 to 03/30 001.000.25.514.30.42.00 476.76 9.5% Sales Tax 001.000.25.514.30.42.00 45.29 Total : 547.64 200904 3/7/2013 071967 ENG, STEPHEN ENG 02/27/13 TAEKWON-DO BEGINNING TAEKWON-DO BEGINNING 001.000.64.571.22.41.00 33.50 Total : 33.50 200905 3/7/2013 066378 FASTENAL COMPANY WAMOU27848 SUPPLIES SUPPLIES 001.000.64.576.80.31.00 20.55 9.5% Sales Tax 001.000.64.576.80.31.00 1.95 Total : 22.50 200906 3/7/2013 009895 FELDMAN, JAMES A 22813 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.39.512.52.41.00 8,470.00 Total : 8,470.00 200907 3/7/2013 072932 FRIEDRICH, KODY FRIEDRICH 16532 IRISH DANCE 16532 IRISH DANCE 16532 Page: 17 Packet Page 39 of 343 vchlist Voucher List Page: 18 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200907 3/7/2013 072932 FRIEDRICH, KODY (Continued) 001.000.64.571.22.41.00 69.00 IRISH DANCE 16536 001.000.64.571.22.41.00 240.00 Total : 309.00 200908 3/7/2013 011900 FRONTIER 425-712-0647 IRRIGATION SYSTEM IRRIGATION SYSTEM 001.000.64.576.80.42.00 41.76 425-745-5055 MEADOWDALE PRESCHOOL MEADOWDALE PRESCHOOL 001.000.64.575.56.42.00 70.43 Total : 112.19 200909 3/7/2013 011900 FRONTIER 253-003-6887 POINT EDWARDS CIRCUIT LINE SF POINT EDWARDS CIRCUIT LINE SF 423.000.75.535.80.42.00 41.67 253-020-6656 LIFT STATION #2 VG SPECIAL ACC LIFT STATION #2 VG SPECIAL ACC 423.000.75.535.80.42.00 21.95 425-776-6829 CITY HALL ALARM LINES 121 5TH / CITY HALL FIRE AND INTRUSION A 001.000.66.518.30.42.00 111.44 Total : 175.06 200910 3/7/2013 011900 FRONTIER 253-012-9189 WWTP AUTO DIALER - 1 VOICE GF WWTP AUTO DIALER - 1 VOICE GF 423.000.76.535.80.42.00 41.08 253-017-7256 WWTP TELEMETRY - 8 VOICEGRAI WWTP TELEMETRY - 8 VOICEGRAI 423.000.76.535.80.42.00 217.18 425-771-5553 WWTP AUTO DIALER - 1 BUSINES; WWTP AUTO DIALER - 1 BUSINES; 423.000.76.535.80.42.00 97.44 Total : 355.70 Page: 18 Packet Page 40 of 343 vchlist Voucher List Page: 19 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200911 3/7/2013 073922 GAVIOLA, NIKKA GAVIOLA 02/27/2013 TAEKWON-DO CONTINUING TAEKWON-DO CONTINUING 001.000.64.575.54.41.00 240.00 Total : 240.00 200912 3/7/2013 068617 GLEISNER, BARBARA GLEISNER 16731 MOVING FOR BETTER BALANCE V MOVING FOR BETTER BALANCE V 001.000.64.575.54.41.00 246.00 TAI CHI 16501 001.000.64.575.54.41.00 123.00 TAI CHI 16505 001.000.64.575.54.41.00 492.00 TAI CHI 16504 001.000.64.575.54.41.00 206.00 QIGONG 16509 001.000.64.575.54.41.00 251.13 QIGONG 16507 001.000.64.575.54.41.00 169.88 Total : 1,488.01 200913 3/7/2013 068302 HALFON CANDY COMPANY 492322 DOUBLE CRISP EGGS EGGS FOR EGG HUNT 001.000.64.571.22.31.00 351.00 Freight 001.000.64.571.22.31.00 3.00 Total : 354.00 200914 3/7/2013 071368 HEFFERAN, BRIGITTE HEFFERAN 16757 CALLIGRAPHY 16757 CALLIGRAPHY 16757 001.000.64.571.22.41.00 396.00 Total : 396.00 200915 3/7/2013 074096 HENDERSON, YOUNG & COMPANY 544-1302 PARK IMPACT FEE STUDY AND AN PARK IMPACT FEE STUDY AND AN 001.000.64.576.80.41.00 4,788.00 Page: 19 Packet Page 41 of 343 vchlist Voucher List Page: 20 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200915 3/7/2013 074096 074096 HENDERSON, YOUNG & COMPANY (Continued) Total : 4,788.00 200916 3/7/2013 074331 HOVICK, JAMES 26 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 519.60 Total : 519.60 200917 3/7/2013 073548 INDOFF INCORPORATED 2212379 OFFICE SUPPLIES Office supplies 001.000.31.514.23.31.00 27.68 9.5% Sales Tax 001.000.31.514.23.31.00 2.63 2227692 office supplies return office supplies return 423.000.76.535.80.31.41 -14.06 2236115 office supplies office supplies 423.000.76.535.80.31.41 17.84 9.5% Sales Tax 423.000.76.535.80.31.41 1.69 2238103 OFFICE SUPPLIES Office supplies 423.000.76.535.80.31.41 60.56 9.5% Sales Tax 423.000.76.535.80.31.41 5.75 2238999 OFFICE SUPPLIES Office supplies 423.000.76.535.80.31.41 11.72 9.5% Sales Tax 423.000.76.535.80.31.41 1.11 2239001 OFFICE SUPPLIES Office supplies 423.000.76.535.80.31.41 11.99 9.5% Sales Tax 423.000.76.535.80.31.41 1.14 Page: 20 Packet Page 42 of 343 vchlist Voucher List Page: 21 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200917 3/7/2013 073548 073548 INDOFF INCORPORATED (Continued) Total : 128.05 200918 3/7/2013 073548 INDOFF INCORPORATED 2238882 Misc. office supplies including pop-up Misc. office supplies including pop-up 001.000.62.524.10.31.00 177.43 9.5% Sales Tax 001.000.62.524.10.31.00 16.86 Total : 194.29 200919 3/7/2013 073548 INDOFF INCORPORATED 2239848 Office Supplies Office Supplies 001.000.22.518.10.31.00 207.45 9.5% Sales Tax 001.000.22.518.10.31.00 19.71 Total : 227.16 200920 3/7/2013 073924 KEARNS, JESSIKA CHRISTINE KEARNS 02/27/2013 TAEKWON-DO 16471 TAEKWON-DO 16471 001.000.64.571.22.41.00 57.15 KEARNS 16475 001.000.64.571.22.41.00 150.50 Total : 207.65 200921 3/7/2013 074340 KEY'S ORGAN IZATIONALCONSULTING coe 0213 Management Consulting Management Consulting 423.000.76.535.80.41.00 800.00 Total : 800.00 200922 3/7/2013 074326 KIMBALL MIDWEST 2837673 Specialty Drill Bits Specialty Drill Bits 423.000.76.535.80.31.21 160.02 9.5% Sales Tax 423.000.76.535.80.31.21 15.20 Total : 175.22 200923 3/7/2013 074330 KING, BEN 2/16/13 - 2/28/13 GEOSPATIAL DATA COLLECTION 8 Geospatial Data Collection & Mappinc Page: 21 Packet Page 43 of 343 vchlist Voucher List Page: 22 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200923 3/7/2013 074330 KING, BEN (Continued) 421.000.74.534.80.41.00 991.80 Total : 991.80 200924 3/7/2013 074240 KNIGHT, KAREN KNIGHT 16668 FUN FACTORY 16668 FUN FACTORY 16668 001.000.64.571.22.41.00 520.34 Total : 520.34 200925 3/7/2013 073218 LOBERG ROOFING BLD20130198 Charged permit fee based on bid inst Charged permit fee based on bid inst 001.000.257.620 208.50 Total : 208.50 200926 3/7/2013 072992 LYNNWOOD ICE CENTER ICE SKATE 16733 ICE SKATE -LEARN TO 16733 ICE SKATE -LEARN TO 16733 001.000.64.571.22.41.00 178.50 ICE SKATE -LEARN TO 16735 001.000.64.571.22.41.00 178.50 Total : 357.00 200927 3/7/2013 069362 MARSHALL, CITA 1208 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 88.32 1209 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 88.32 1211 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 88.32 1245 INTERPRETER FEES INTERPRETER FEES 001.000.39.512.52.41.00 88.32 1246 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 88.32 Page: 22 Packet Page 44 of 343 vchlist Voucher List Page: 23 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200927 3/7/2013 069362 069362 MARSHALL, CITA (Continued) Total : 441.60 200928 3/7/2013 020039 MCMASTER-CARR SUPPLY CO 46954177 fittings for shop fittings for shop 423.000.76.535.80.31.21 896.24 Total : 896.24 200929 3/7/2013 072223 MILLER, DOUG MILLER 03/05/2013 GYM MONITOR FOR COED VOLLE) GYM MONITOR FOR COED VOLLE) 001.000.64.575.52.41.00 35.00 MILLER 2/27/13 GYM MONITOR FOR BASKETBALL GYM MONITOR FOR BASKETBALL 001.000.64.575.52.41.00 140.00 Total : 175.00 200930 3/7/2013 074010 MINDJET LLC 900108517 5 Plus Mindjetll for Windows - annual 5 Plus Mindjetll for Windows - annual 001.000.62.524.20.49.00 83.01 5 Plus Mindjet11 for Windows - annw 001.000.62.558.60.49.00 166.03 5 Plus Mindjetll for Windows - annual 001.000.62.524.10.49.00 83.01 5 Plus Mindjetll for Windows - annual 001.000.67.532.20.35.00 83.01 5 Plus Mindjettll for Windows - annua 001.000.31.518.88.48.00 83.01 Total : 498.07 200931 3/7/2013 074306 NEBCO/NPRIT 2698939 LEOFF Fire LEOFF Fire 617.000.51.522.20.23.00 1,572.78 LEOFF coverage 009.000.39.517.37.23.00 8,594.18 Total : 10,166.96 200932 3/7/2013 061013 NORTHWEST CASCADE INC 1-618827 HICKMAN PARK RENTALS Page: 23 Packet Page 45 of 343 vchlist Voucher List Page: 24 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200932 3/7/2013 061013 NORTHWEST CASCADE INC (Continued) HICKMAN PARK RENTALS 001.000.64.576.80.45.00 587.88 1-618845 YOST POOL RENTALS YOST POOL RENTALS 001.000.64.576.80.45.00 310.99 Total : 898.87 200933 3/7/2013 025690 NOYES, KARIN 000 00 353 Planning Board Minutes on 1/23/13 Planning Board Minutes on 1/23/13 001.000.62.558.60.41.00 320.00 000 00 362 Planning Board minutes on 2/27/13. Planning Board minutes on 2/27/13. 001.000.62.558.60.41.00 304.00 Total : 624.00 200934 3/7/2013 063511 OFFICE MAX INC 698849 OFFICE SUPPLIES Office Supplies 001.000.25.514.30.31.00 105.56 9.5% Sales Tax 001.000.25.514.30.31.00 10.03 Total : 115.59 200935 3/7/2013 063511 OFFICE MAX INC 692751 Office Supplies Office Supplies 001.000.22.518.10.31.00 177.86 9.5% Sales Tax 001.000.22.518.10.31.00 16.90 Total : 194.76 200936 3/7/2013 026200 OLYMPIC VIEW WATER DISTRICT 0000130 220TH ST SW AND 84TH 220TH ST SW AND 84TH 001.000.64.576.80.47.00 15.06 0001520 820 15TH ST SW 820 15TH ST SW 001.000.64.576.80.47.00 35.30 Page: 24 Packet Page 46 of 343 vchlist Voucher List Page: 25 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200936 3/7/2013 026200 OLYMPIC VIEW WATER DISTRICT (Continued) 0001530 820 15TH ST SW 820 15TH ST SW 001.000.64.576.80.47.00 16.57 0002930 5TH & ST RTE 5TH & ST RTE 001.000.64.576.80.47.00 16.57 0005060 9803 EDMONDS WAY 9803 EDMONDS WAY 001.000.64.576.80.47.00 16.57 0026390 SIDEWALK NEAR 10415 SIDEWALK NEAR 10415 001.000.64.576.80.47.00 16.57 Total : 116.64 200937 3/7/2013 026200 OLYMPIC VIEW WATER DISTRICT 0021400 FIRE STATION #20 88TH AVE W FIRE STATION #20 88TH AVE W 001.000.66.518.30.47.00 195.11 Total : 195.11 200938 3/7/2013 027165 PARKER PAINT MFG. CO.INC. 954023035227 TINT TINT 001.000.64.576.80.31.00 49.98 9.5% Sales Tax 001.000.64.576.80.31.00 4.75 Total : 54.73 200939 3/7/2013 069633 PET PROS EPD-010 INV#EPD-010 - EDMONDS PD - MC( AVO ACTIVE CARE LAMB 30# 001.000.41.521.26.31.00 179.52 AVO ACTIVE CARE CHICKEN 30# 001.000.41.521.26.31.00 151.02 NU NC HI ENDURANCE 30# 001.000.41.521.26.31.00 336.24 9.5% Sales Tax 001.000.41.521.26.31.00 63.34 Page: 25 Packet Page 47 of 343 vchlist Voucher List Page: 26 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200939 3/7/2013 069633 069633 PET PROS (Continued) Total : 730.12 200940 3/7/2013 071983 PICKELBALL STUFF LLC 15751 JUGS BULLDOG WHITE DOZEN JUGS BULLDOG WHITE DOZEN 001.000.64.575.52.31.00 36.00 Freight 001.000.64.575.52.31.00 6.85 9.5% Sales Tax 001.000.64.575.52.31.00 4.07 Total : 46.92 200941 3/7/2013 028860 PLATT ELECTRIC SUPPLY INC 3353212 electrical supplies electrical supplies 423.000.76.535.80.31.22 111.59 9.5% Sales Tax 423.000.76.535.80.31.22 10.60 3365833 Electrical supplies Electrical supplies 423.000.76.535.80.31.22 325.84 9.5% Sales Tax 423.000.76.535.80.31.22 30.95 3372177 Conduit Conduit 423.000.76.535.80.31.22 323.20 9.5% Sales Tax 423.000.76.535.80.31.22 30.70 Total : 832.88 200942 3/7/2013 071811 PONY MAIL BOX & BUSINESS CTR 206180 shipping charge - returned goods shipping charge - returned goods 423.000.76.535.80.42.00 30.77 Total : 30.77 200943 3/7/2013 029800 PRINZ, DANIEL 25 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 1,807.84 Page: 26 Packet Page 48 of 343 vchlist Voucher List Page: 27 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200943 3/7/2013 029800 029800 PRINZ, DANIEL (Continued) Total : 1,807.84 200944 3/7/2013 070187 PROACTIVE DESIGN 03052013 FEBRUARY CONSULTING SERVICE February-13 Consulting hours for C 001.000.31.518.88.41.00 6,390.00 Total : 6,390.00 200945 3/7/2013 071911 PROTZ, MARGARET PROTZ 02/27/2013 FELDENKRAIS 16424 FELDENKRAIS 16424 001.000.64.575.54.41.00 182.00 Total : 182.00 200946 3/7/2013 046900 PUGET SOUND ENERGY 791-880-700-4 YOST POOL YOST POOL 001.000.64.576.80.47.00 152.64 Total : 152.64 200947 3/7/2013 046900 PUGET SOUND ENERGY 010-187-400-6 SNO-ISLE LIBRARY 650 MAIN ST / P SNO-ISLE LIBRARY 650 MAIN ST / P 001.000.66.518.30.47.00 358.12 023-075-700-7 CITY PARK BUILDING 600 3RD AVE CITY PARK BUILDING 600 3RD AVE 001.000.66.518.30.47.00 275.10 084-904-700-6 WWTP 200 2ND AVE S / METER 00( WWTP 200 2ND AVE S / METER 00( 423.000.76.535.80.47.63 43.39 275-316-600-4 CIVIC CENTER 250 5TH AVE N / ME CIVIC CENTER 250 5TH AVE N / ME 001.000.66.518.30.47.00 435.45 277-636-500-5 PUBLIC WORKS OMC 7110 210TH PUBLIC WORKS OMC 7110 210TH 001.000.65.519.91.47.00 37.25 PUBLIC WORKS OMC 7110 210TH ; 111.000.68.542.90.47.00 141.55 PUBLIC WORKS OMC 7110 210TH 421.000.74.534.80.47.00 141.55 Page: 27 Packet Page 49 of 343 vchlist Voucher List Page: 28 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200947 3/7/2013 046900 PUGET SOUND ENERGY (Continued) PUBLIC WORKS OMC 7110 210TH 423.000.75.535.80.47.10 141.55 PUBLIC WORKS OMC 7110 210TH 511.000.77.548.68.47.00 141.55 PUBLIC WORKS OMC 7110 210TH ; 422.000.72.531.90.47.00 141.55 368-997-600-3 OLD PUBLIC WORKS 200 DAYTON OLD PUBLIC WORKS 200 DAYTON 421.000.74.534.80.47.00 443.20 525-492-600-8 MEADOWDALE CLUBHOUSE 6801 MEADOWDALE CLUBHOUSE 6801 001.000.66.518.30.47.00 333.03 532-232-313-9 FIRE STATION # 16 8429 196TH ST FIRE STATION # 16 8429 196TH ST 001.000.66.518.30.47.00 891.37 567-289-500-9 LIFT STATION #9 8001 SIERRA DR, LIFT STATION #9 8001 SIERRA DR, 423.000.75.535.80.47.10 35.42 590-308-500-8 FLEET MAINTENANCE BAY 21105 7 FLEET MAINTENANCE BAY 21105 7 511.000.77.548.68.47.00 431.43 643-956-600-8 FIRE STATION #17 275 6TH AVE N FIRE STATION #17 275 6TH AVE N 001.000.66.518.30.47.00 950.57 649-032-700-1 FRANCES ANDERSON CENTER 701 FRANCES ANDERSON CENTER 701 001.000.66.518.30.47.00 2,299.98 991-966-110-9 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 350.60 Total : 7,592.66 200948 3/7/2013 074349 QUATIER, JIM QUATIER 03/01/2013 REFUND- INSUFFCIENT REGISTRA REFUND- INSUFFCIENT REGISTRA 001.000.239.200 41.00 Page: 28 Packet Page 50 of 343 vchlist Voucher List Page: 29 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200948 3/7/2013 074349 074349 QUATIER, JIM (Continued) Total : 41.00 200949 3/7/2013 074350 RATHBUN, LESTER RATHBUN 02/26/2013 REFUND DAMAGE DEPOSIT REFUND DAMAGE DEPOSIT 001.000.239.200 200.00 Total : 200.00 200950 3/7/2013 006841 RICOH USA INC 5025184966 Meter charges for Reception Meter charges for Reception 001.000.62.524.10.45.00 10.34 9.5% Sales Tax 001.000.62.524.10.45.00 0.98 Total : 11.32 200951 3/7/2013 036070 SHANNON TOWING INC 198141 INV#198141 - EDMONDS PD TOW LEXUS #640ZN1 001.000.41.521.22.41.00 158.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.01 Total : 173.01 200952 3/7/2013 071725 SKAGIT GARDENS INC 52199955 FLOWERS FLOWERS 125.000.64.576.80.31.00 467.88 Freight 125.000.64.576.80.31.00 40.00 Total : 507.88 200953 3/7/2013 036850 SMITH, SHERLUND D 24 LEOFF Presc LEOFF Presc 009.000.39.517.37.23.00 676.90 LEOFF Medicare Reimb 009.000.39.517.37.23.00 1,198.80 Total : 1,875.70 200954 3/7/2013 007287 SNO CO ECONOMIC DEVELOP CNCL 200002251 EASC SNOHOMISH UPDATE EASC Snohomish County update Page: 29 Packet Page 51 of 343 vchlist Voucher List Page: 30 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200954 3/7/2013 007287 SNO CO ECONOMIC DEVELOP CNCL (Continued) 001.000.21.513.10.49.00 25.00 Total : 25.00 200955 3/7/2013 037375 SNO CO PUD NO 1 2006-6395-3 131 SUNSET AVE 131 SUNSET AVE 001.000.64.576.80.47.00 689.10 2009-4334-8 23202 EDMONDS WAY 23202 EDMONDS WAY 001.000.64.576.80.47.00 177.91 2010-5432-7 50 RAILROAD AVE 50 RAILROAD AVE 001.000.64.576.80.47.00 345.94 2021-3965-5 100 RAILROAD AVE 100 RAILROAD AVE 001.000.64.576.80.47.00 53.36 Total : 1,266.31 200956 3/7/2013 037375 SNO CO PUD NO 1 2002-0291-9 LIFT STATION #8 113 RAILROAD A\ LIFT STATION #8 113 RAILROAD A\ 423.000.75.535.80.47.10 553.68 2002-7495-9 TRAFFIC LIGHT 23602 76TH AVE W TRAFFIC LIGHT 23602 76TH AVE W 111.000.68.542.64.47.00 39.20 2004-9315-3 TRAFFIC LIGHT 22000 76TH AVE W TRAFFIC LIGHT 22000 76TH AVE W 111.000.68.542.64.47.00 51.25 2007-4860-6 TRAFFIC LIGHT 9730 220TH TRAFFIC LIGHT 9730 220TH ST SW 111.000.68.542.64.47.00 32.72 2009-1385-3 DECORATIVE LIGHTING 115 2ND A DECORATIVE LIGHTING 115 2ND A 111.000.68.542.68.47.00 50.41 2011-9222-6 TRAFFIC LIGHT 20408 76TH AVE W TRAFFIC LIGHT 20408 76TH AVE W 111.000.68.542.64.47.00 35.28 Page: 30 Packet Page 52 of 343 vchlist Voucher List Page: 31 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200956 3/7/2013 037375 SNO CO PUD NO 1 (Continued) 2014-2731-7 LIFT STATION 7403 BALLINGER W/ LIFT STATION 7403 BALLINGER W/ 423.000.75.535.80.47.10 32.72 2015-3292-6 LIFT STATION #7 121 W DAYTON S LIFT STATION #7 121 W DAYTON S 423.000.75.535.80.47.10 442.07 2017-1178-5 STREET LIGHTING (183 LIGHTS @ STREET LIGHTING (183 LIGHTS @ 111.000.68.542.68.47.00 1,414.10 2020-7719-4 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 1,092.50 2022-8909-6 TRAFFIC LIGHT 22400 HWY 99 / ME TRAFFIC LIGHT 22400 HWY 99 / ME 111.000.68.542.64.47.00 117.08 2024-9953-9 LIFT STATION #1 105 CASPERS ST LIFT STATION #1 105 CASPERS ST 423.000.75.535.80.47.10 1,262.77 2025-2918-6 STREET LIGHTING (303 LIGHTS @ STREET LIGHTING (303 LIGHTS @ 111.000.68.542.68.47.00 2,439.86 2025-2920-2 STREET LIGHTING (13 LIGHTS @ 4 STREET LIGHTING (13 LIGHTS @ 4 111.000.68.542.68.47.00 113.38 2025-7615-3 STREET LIGHTING (2029 LIGHTS C STREET LIGHTING (2029 LIGHTS C 111.000.68.542.68.47.00 14,046.66 2025-7948-8 STREET LIGHTING (58 LIGHTS @ 2 STREET LIGHTING (58 LIGHTS @ 2 111.000.68.542.68.47.00 329.36 2047-1489-3 STREET LIGHTING (1 LIGHT @ 150' STREET LIGHTING (1 LIGHT @ 150' 111.000.68.542.68.47.00 3.05 2047-1492-7 STREET LIGHTING (18 LIGHTS @ 2 STREET LIGHTING (18 LIGHTS @ 2 Page: 31 Packet Page 53 of 343 vchlist Voucher List Page: 32 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200956 3/7/2013 037375 SNO CO PUD NO 1 (Continued) 111.000.68.542.68.47.00 67.73 2047-1493-5 STREET LIGHTING (5 LIGHTS @ 40 STREET LIGHTING (5 LIGHTS @ 40 111.000.68.542.68.47.00 35.72 2047-1494-3 STREET LIGHTING (2 LIGHTS @ 10 STREET LIGHTING (2 LIGHTS @ 10 111.000.68.542.68.47.00 9.07 2047-1495-0 STREET LIGHTING (26 LIGHTS @ 2 STREET LIGHTING (26 LIGHTS @ 2 111.000.68.542.68.47.00 123.19 Total : 22,291.80 200957 3/7/2013 037375 SNO CO PUD NO 1 2019-2991-6 Feb invoice Feb invoice 423.000.76.535.80.47.62 32.72 2025-7952-0 WWTP ENERGY MANAGEMENT SE WWTP ENERGY MANAGEMENT SE 423.000.76.535.80.47.61 7.56 Total : 40.28 200958 3/7/2013 063941 SNO CO SHERIFFS OFFICE 1000323856 INV#1000323856 CUST#SSH00095 E SCSO RANGE USAGE 9 HRS 2/19/1 001.000.41.521.40.41.00 450.00 SCSO RANGE USAGE 9.5 HRS 2/2C 001.000.41.521.40.41.00 475.00 Total : 925.00 200959 3/7/2013 067609 SNOHOMISH COUNTY CITIES 02/27/2013 AWC LEGISLATIVE RECEPTION 2013 AWC Legislative Reception 001.000.21.513.10.49.00 25.00 Total : 25.00 200960 3/7/2013 038300 SOUND DISPOSAL CO 103587 MONTHLY DISPOSAL FEES MONTHLY DISPOSAL FEES 001.000.64.576.80.47.00 569.63 Page: 32 Packet Page 54 of 343 vchlist Voucher List Page: 33 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200960 3/7/2013 038300 038300 SOUND DISPOSAL CO (Continued) Total : 569.63 200961 3/7/2013 038300 SOUND DISPOSAL CO 103583 CIVIC CENTER 250 5TH AVE N CIVIC CENTER 250 5TH AVE N 001.000.66.518.30.47.00 550.68 103585 FRANCES ANDERSON CENTER 701 FRANCES ANDERSON CENTER 701 001.000.66.518.30.47.00 674.47 103586 SNO-ISLE LIBRARY 650 MAIN ST SNO-ISLE LIBRARY 650 MAIN ST 001.000.66.518.30.47.00 555.23 103588 CITY HALL 121 5TH AVE N CITY HALL 121 5TH AVE N 001.000.66.518.30.47.00 459.89 Total : 2,240.27 200962 3/7/2013 038300 SOUND DISPOSAL CO 103584 WWTP 200 2ND AVE S / RECYCLIN WWTP 200 2ND AVE S / RECYCLIN 423.000.76.535.80.47.66 29.95 104757 WWTP 200 2ND AVE S / ASH DISK WWTP 200 2ND AVE S / ASH DISK 423.000.76.535.80.47.65 4,470.90 Total : 4,500.85 200963 3/7/2013 070864 SUPERMEDIA LLC 440011603183 C/A 440001304654 Basic e-commerce hosting 02/02/13 - 001.000.31.518.88.42.00 34.95 440011603196 C/A 440001307733 02/2013 Web Hosting for Internet 001.000.31.518.88.42.00 34.95 Total : 69.90 200964 3/7/2013 074242 SWAN, AMARA SWAN 16670 FUN FACTORY 16670 FUN FACTORY 16670 001.000.64.571.22.41.00 539.20 Total : 539.20 Page: 33 Packet Page 55 of 343 vchlist 03/06/2013 5:11:36PM Voucher List City of Edmonds Page: 34 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200965 3/7/2013 071666 TETRA TECH INC 50651324 predesign for facility remodel predesign for facility remodel 423.100.76.594.39.65.10 3,344.58 Total : 3,344.58 200966 3/7/2013 009350 THE DAILY HERALD COMPANY 101416 PROS PLAN RFP PROS PLAN RFP 001.000.64.571.21.44.00 44.72 PLAY & SPRAY 101416 CP PLAY AND SPRAY RFP CP PLAY AND SPRAY RFP 125.000.64.576.80.44.00 41.28 Total : 86.00 200967 3/7/2013 009350 THE DAILY HERALD COMPANY 1811550 NEWSPAPER ADS Ordinance 3911 001.000.25.514.30.44.00 36.12 Total : 36.12 200968 3/7/2013 009350 THE DAILY HERALD COMPANY 1810676 AMD20130001/13D Zones Legal Notic AMD20130001/13D Zones Legal Notic 001.000.62.558.60.44.00 36.12 1811225 McDonalds/PLN20130002 Legal Noti, McDonalds/PLN20130002 Legal Noti, 001.000.62.558.60.44.00 116.96 1811682 Hillman SEPA/PLN20120033 Legal N Hillman SEPA/PLN20120033 Legal N 001.000.62.558.60.44.00 49.88 1811983 Echelbarger/PLN20120043 Legal Noi Echelbarger/PLN20120043 Legal Noi 001.000.62.558.60.44.00 60.20 1812042 Hillman/PLN20120033 Legal Notice. Hillman/PLN20120033 Legal Notice. 001.000.62.558.60.44.00 72.24 Total : 335.40 200969 3/7/2013 074344 TR PROFESSIONAL 2707 KRAMER SYNCHRONIZER & FORM Page: 34 Packet Page 56 of 343 vchlist Voucher List Page: 35 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 200969 3/7/2013 074344 TR PROFESSIONAL Invoice (Continued) 2708 200970 3/7/2013 068724 US HEALTHWORKS MED GROUP OF W/ 0460305-WA 200971 3/7/2013 067865 VERIZON WIRELESS PO # Description/Account FC-400 Kramer Synchronizer & Form 001.000.31.518.88.64.00 AUDIO SOUND CHECK & LEVELS B 2/28/13 Service Call - Audio Sound 001.000.31.518.88.64.00 Total Pre -Employment Physical Duenas Pre -Employment Physical Duenas 423.000.76.535.80.41.00 Physical - Leder 423.000.75.535.80.41.00 physical - Wichers 422.000.72.531.90.41.00 Total 9700402143 C/A 571242650-0001 Blackberry Cell Phone Service Bld De 001.000.62.524.20.42.00 Blackberry Cell Phone Service City C 001.000.25.514.30.42.00 iPad Cell Phone Service Council 001.000.11.511.60.42.00 Blackberry Cell Phone Service Court 001.000.23.512.50.42.00 Blackberry Cell Phone Service Court 001.000.23.512.50.35.00 Blackberry Cell Phone Service Planni 001.000.62.558.60.42.00 Blackberry Cell Phone Service Comrr 001.000.61.519.70.42.00 Blackberry Cell Phone Service 001.000.67.532.20.42.00 Blackberry Cell Phone Service Faciliti 001.000.66.518.30.42.00 Amount 784.02 191.63 975.65 53.00 65.00 65.00 183.00 186.03 56.00 260.14 169.73 689.84 95.03 75.04 277.03 91.00 Page: 35 Packet Page 57 of 343 vchlist Voucher List Page: 36 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 200971 3/7/2013 067865 VERIZON WIRELESS 200972 3/7/2013 069836 VOLT SERVICE GROUP Invoice PO # Description/Account Amount (Continued) Blackberry Cell Phone Service Financ 001.000.31.514.23.42.00 95.03 Blackberry Cell Phone Service HR 001.000.22.518.10.42.00 50.00 Blackberry Cell Phone Service IT 001.000.31.518.88.42.00 332.59 Blackberry Cell Phone Service Mayor 001.000.21.513.10.42.00 85.04 Blackberry Cell Phone Service Parks 001.000.64.571.21.42.00 55.02 Blackberry Cell Phone Service Police 001.000.41.521.22.42.00 827.64 Blackberry Air Cards Police Dept 001.000.41.521.22.42.00 800.38 Blackberry Cell Phone Service PW Ai 001.000.65.519.91.42.00 239.63 Blackberry Cell Phone Service PW Si 111.000.68.542.90.42.00 35.98 Blackberry Cell Phone Service PW VI 421.000.74.534.80.42.00 36.71 Blackberry Cell Phone Service PW W 423.000.75.535.80.42.00 36.70 Blackberry Cell Phone Service Sewer 423.000.75.535.80.42.00 92.45 Blackberry Cell Phone Service WWTI 423.000.76.535.80.42.00 121.02 Blackberry Cell Phone Service Water 421.000.74.534.80.42.00 132.50 9700508594 C/A 772540262-00001 Lift Station access - testing 001.000.31.518.88.42.00 15.02 Total : 4,855.55 28831639 Admin Support Page: 36 Packet Page 58 of 343 vchlist Voucher List Page: 37 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200972 3/7/2013 069836 VOLT SERVICE GROUP (Continued) Admin Support 423.000.76.535.80.41.00 494.91 28866046 admin support admin support 423.000.76.535.80.41.00 488.80 Total : 983.71 200973 3/7/2013 067917 WALLY'S TOWING INC 48724 INV#48724 - EDMONDS PD TOW 1992 GMC JIMMY #ABR9016 001.000.41.521.22.41.00 158.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.01 Total : 173.01 200974 3/7/2013 047960 WEAN, GREG 23 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 572.00 Total : 572.00 200975 3/7/2013 064800 WEHOP 464348 TWINKLE STAR, TAGS TWINKLE STAR, TAGS 125.000.64.576.80.31.00 627.57 Freight 125.000.64.576.80.31.00 132.26 9.5% Sales Tax 125.000.64.576.80.31.00 72.18 Total : 832.01 200976 3/7/2013 071604 ZOHO CORPORATION 2039354 HELP DESK & DESKTOP MANAGEK ServiceDesk Plus Enterprise Edition 001.000.31.518.88.31.00 4,995.00 Desktop Center Professional Edition 001.000.31.518.88.31.00 995.00 Total : 5,990.00 Page: 37 Packet Page 59 of 343 vchlist Voucher List Page: 38 03/06/2013 5:11:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 118 Vouchers for bank code : usbank 118 Vouchers in this report Invoice PO # Description/Account Bank total Total vouchers Amount 303,548.02 303,548.02 Page: 38 Packet Page 60 of 343 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number FAC Edmonds Museum Exterior Repairs Project c327 EOLA FAC Senior Center Roof Repairs c332 EOLB General SR99 Enhancement Program c238 E6MA General SR104 Telecommunications Conduit Crossing c372 ElEA PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 EBMA PM Interurban Trail c146 E2DB PM Marina Beach Additional Parking c290 EBMB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Edmonds Marsh Feasibility Study c380 E2FC STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Public Facilities Water Quality Upgrades c339 E1 FD STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA Revised 2/28/2013 Packet Page 61 of 343 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR Shell Valley Emergency Access Road c268 E7CB STR Sunset Walkway Improvements c354 E1 DA STR Transportation Plan Update c391 E2AA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2013 Sewerline Replacement Project c398 E3GA SWR Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR BNSF Double Track Project c300 EBGC SWR City -Wide Sewer Improvements c301 EBGD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA SWR OVD Sewer Lateral Improvements c142 E3GB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2010 Waterline Replacement Program c363 EOJA WTR 2011 Waterline Replacement Program c333 E1JA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE WTR 2013 Waterline Replacement Program c397 E3JA WTR 5th Avenue Overlay Project c399 E2CC WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR AWD Intertie and Reservoir Improvements c324 EOIA WTR Edmonds General Facilities Charge Study c345 E1JC WTR Main Street Watermain c375 E1JK WTR OVD Watermain Improvements c141 E3JB WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD Revised 2/28/2013 Packet Page 62 of 343 PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM EOFC c326 Stormwater GIS Support WM d Res r WTR EOJA c363 2010 Waterline Replacement Program FAC EOLB STR E1AB STR E1 DA c332 c342 c343 c354 c372 STM El FA c336 c339 STM E1FF c341 STM STM E1 FM c374 SWR E1GA c347 WTR c370 WTR E1JA c333 WTR E1JC WTR E1JE WTR c344 c345 c340 ds Museum Exterior Repairs Project Senior Center Roof Repairs Five Corners Roundabout (212th Street SW @ 84th Avenue W) 2011 Residential Neighborhood Traffic Calming ntersection Improvements Sunset Walkway Improvements SR104 Telecommunications Conduit Crossing SW Edmonds-1 05th/1 06th Ave W Storm Improvements Public Facilities Water Quality Upgrades Storm Contribution to Transportation Proiects lbr Develop -IPDES Capacity) Street & SR104 Storm Drainaae Alternatives Irerrinville Creek Culvert Replacement Alder/Dellwood/Beach PI/224th St. Sewer Replacement Sewer, Water, Stormwater Revenue Requirements Update 2011 Waterline Replacement Program 76th Av� Extension Edmonds General Facilities PRV Station 11 and 12 Abandonment 2012 Waterline Replacement Progran c375 Main Street Watermain STR E2AA c391 Transportation Plan Update IR � Improvement Project STR E2AC c404 Citvwide Safetv Improvements c405 WTR E2CA c388 c389 WTR E2CC c399 STM E2FA c378 rwy 99 Enhancements (Phase III) 2012 Waterline Overlay Program Pioneer Way Road Repair 5th Ave Overlay Project Interurban Trail amw North Talbot Road Drainage Improvements SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Revised 2/28/2013 Packet Page 63 of 343 Edmonds Marsh Feasibility Study PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Protect Title E2FD c381 Lake Ballinger Associated Projects 2012 STM E2FE c382 2012 Citywide Storm Drainage Improvements 012 Sanitary Sewe SWR E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation STM E3FB c406 STM E3FD c409 STM SWR E3GA c398 3 Citywide Drainage Repl 2013 Lake Ballinger Basin Study & Associated Projects Perrinville Creek Stormwater Flow Reduction Retrofit Study Dayton Street Storm Improvements (6th Ave - 8th Ave) JlorthstreMe Abandon 2013 Sewerline Replacement Proiect Improvements WTR E3JA c397 2013 Waterline Replacement Program OVD Watermain Improvements STR E6DA c245 76th Avenue West/75th Place West Walkway Project rive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Proaram E7AA c265 Main Street Lighting and Sidewalk Enhancements STR E7AC i005 228th St. SW Corridor Improvements c268 Shell Valley Emergency Access Road STM E7FG m013 NPDES SWR E8GA c298 Lift Station 2 Improvements (Separated from Us 13 - 09/01/08) c300 BNSF Double Track Project= SWR E8GD c301 Citv-Wide Sewer Improvements Fourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking c294 2009 Street Overlay Program STR E9DA c312 226th Street Walkway Project albot Rd SWR E9GA c304 Sewer Lift Station Rehabilitation Design Senior Center Parking Lot & Landscaping Improvements Revised 2/28/2013 Packet Page 64 of 343 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title WTR c141 E3JB OVD Watermain Improvements SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STIR c245 E6DA 76th Avenue West/75th Place West Walkway Project STIR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STIR c265 E7AA Main Street Lighting and Sidewalk Enhancements STIR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 EBMA Fourth Avenue Cultural Corridor PM c290 EBMB Marina Beach Additional Parking STIR c294 E9CA 2009 Street Overlay Program SWR c298 EBGA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c300 EBGC BNSF Double Track Project SWR c301 EBGD City -Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STIR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 EOIA AWD Intertie and Reservoir Improvements STM c326 EOFC Stormwater GIS Support FAC c327 EOLA Edmonds Museum Exterior Repairs Project STIR c329 EOAA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 EOLB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c336 E1 FA SW Edmonds-105th/106th Ave W Storm Improvements STM c339 E1 FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1 FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study Revised 2/28/2013 Packet Page 65 of 343 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA Alder/Dellwood/Beach PI/224th St. Sewer Replacement STM c349 E1 FH Stormwater Development Review Support (NPDES Capacity) STR c354 E1 DA Sunset Walkway Improvements WTR c363 EOJA 2010 Waterline Replacement Program STR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 ElEA SR104 Telecommunications Conduit Crossing STM c374 E1 FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1 FN Perrinville Creek Culvert Replacement STM c378 E2FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E2FE 2012 Citywide Storm Drainage Improvements WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation STR c391 E2AA Transportation Plan Update STR c392 E2AB 9th Avenue Improvement Project WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project WTR c399 E2CC 5th Ave Overlay Project STR c404 E2AC Citywide Safety Improvements STR c405 E2AD Hwy 99 Enhancements (Phase III) STM c406 E3FA 2013 Citywide Drainage Replacement STM c406 E3FB 2013 Lake Ballinger Basin Study & Associated Projects STM c408 E3FC Perrinville Creek Stormwater Flow Reduction Retrofit Study STM c409 EYD Dayton Street Storm Improvements (6th Ave - 8th Ave) STM c410 EYE Northstream Pipe Abandonement on Puget Drive STR i005 E7AC 228th St. SW Corridor Improvements STM m013 E7FG NPDES Revised 2/28/2013 Packet Page 66 of 343 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 EOJA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c406 E31`13 SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC WTR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA WTR AWD Intertie and Reservoir Improvements c324 EOIA SWR BNSF Double Track Project c300 EBGC STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Citywide Safety Improvements c404 E2AC SWR City -Wide Sewer Improvements c301 EBGD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c409 E3FD WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 EOLA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA Revised 2/28/2013 Packet Page 67 of 343 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number PM Fourth Avenue Cultural Corridor c282 EBMA STR Hwy 99 Enhancements (Phase III) c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA STIR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 EBMB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Pipe Abandonement on Puget Drive c410 E3FE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1 FD PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 EOLB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STIR Shell Valley Emergency Access Road c268 E7CB General SR104 Telecommunications Conduit Crossing c372 ElEA General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STIR Sunset Walkway Improvements c354 E1 DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STIR Transportation Plan Update c391 E2AA Revised 2/28/2013 Packet Page 68 of 343 PROJECT NUMBERS (Phase and Task Numbers) Phases and Tasks (Enaineerina Division Phase Title ct Construction ds Design pl Preliminary sa Site Acquisition & Prep st Study ro Right -of -Way Task Title 196 Traffic Engineering & Studies 197 MAIT 198 CTR 199 Engineering Plans & Services 950 Engineering Staff Time 970 Construction Management 981 Contract 990 Miscellaneous 991 Retainage stm Engineering Staff Time -Storm str Engineering Staff Time -Street swr Engineering Staff Time -Sewer wtr Engineering Staff Time -Water prk Engineering Staff Time -Park Packet Page 69 of 343 Benefit Checks Summary Report City of Edmonds Pay Period: 608 - 02/16/2013 to 02/28/2013 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 60072 03/05/2013 mebt AST TTEE 80,710.46 0.00 60073 03/05/2013 epoa EPOA-1 POLICE 1,150.00 0.00 60074 03/05/2013 epoa4 EPOA-4 POLICE SUPPORT 117.00 0.00 60075 03/05/2013 flex FLEX -PLAN SERVICES, INC 295.83 0.00 60076 03/05/2013 jhan JOHN HANCOCK 1,495.64 0.00 60077 03/05/2013 pb NATIONWIDE RETIREMENT SOLUTION 3,066.05 0.00 60078 03/05/2013 cope SEIU COPE 62.00 0.00 60079 03/05/2013 seiu SEIU LOCAL 925 3,101.67 0.00 60080 03/05/2013 uw UNITED WAY OF SNOHOMISH COUNTY 396.00 0.00 60081 03/05/2013 icma VANTAGE TRANSFER AGENTS 304884 1,732.33 0.00 60082 03/05/2013 wadc WASHINGTON STATE TREASURER 16,066.00 0.00 108,192.98 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 1990 03/05/2013 aflac AFLAC 4,841.26 0.00 1993 03/05/2013 front FRONTIER BANK 91,213.97 0.00 1994 03/05/2013 oe OFFICE OF SUPPORT ENFORCEMENT 208.50 0.00 96,263.73 0.00 Grand Totals: 204,456.71 0.00 3/4/2013 Page 1 of 1 Packet Page 70 of 343 Payroll Earnings Summary Report City of Edmonds Pay Period: 608 (02/16/2013 to 02/28/2013) Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 104.00 0.00 121 SICK SICK LEAVE 677.75 27,884.54 122 VACATION VACATION 395.00 17,826.64 123 HOLIDAY HOLIDAY HOURS 45.00 1,633.43 124 HOLIDAY FLOATER HOLIDAY 214.00 7,891.94 125 COMP HOURS COMPENSATORY TIME 77.00 1,896.02 129 SICK Police Sick Leave L & 1 72.00 3,196.17 130 COMP HOURS Holiday Compensation Used 27.00 2,318.32 141 BEREAVEMENT BEREAVEMENT 17.75 832.40 150 REGULAR HOURS Kelly Day Used 174.00 7,704.52 152 COMP HOURS COMPTIME BUY BACK 0.88 29.45 155 COMP HOURS COMPTIME AUTO PAY 113.77 4,743.72 157 SICK SICK LEAVE PAYOFF 67.00 4,505.33 158 VACATION VACATION PAYOFF 428.99 21,322.93 160 VACATION MANAGEMENT LEAVE 49.00 3,496.17 190 REGULAR HOURS REGULAR HOURS 11,665.25 468,189.38 210 OVERTIME HOURS OVERTIME -STRAIGHT 115.50 4,731.28 215 OVERTIME HOURS WATER WATCH STANDBY 36.00 1,508.99 216 MISCELLANEOUS STANDBY TREATMENT PLAW 13.00 1,179.94 220 OVERTIME HOURS OVERTIME 1.5 281.75 16,111.66 225 OVERTIME HOURS OVERTIME -DOUBLE 3.00 184.73 405 ACTING PAY OUT OF CLASS - POLICE 0.00 286.71 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 670.39 602 COMP HOURS ACCRUED COMP 101.00 0.00 603 COMP HOURS Holiday Comp 1.0 36.00 0.00 604 COMP HOURS ACCRUED COMP TIME 154.75 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 23.56 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 158.62 boc MISCELLANEOUS BOC II Certification 0.00 80.05 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 137.44 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 597.11 det MISCELLANEOUS DETECTIVE PAY 0.00 95.89 det4 MISCELLANEOUS Detective 4% 0.00 795.84 03/04/2013 Packet Page 71 of 343 Page 1 of 2 Payroll Earnings Summary Report City of Edmonds Pay Period: 608 (02/16/2013 to 02/28/2013) Hour Type Hour Class Description Hours Amount ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 722.30 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 834.14 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 4,909.99 fmis SICK FAMILY MEDICAL/SICK 96.00 3,150.16 fmly VACATION Family Medical Leave Vacation 35.00 1,822.67 hol HOLIDAY HOLIDAY 1,122.80 45,638.81 k9 MISCELLANEOUS K-9 PAY 0.00 206.16 Iq1 LONGEVITY PAY LONGEVITY PAY 2% 0.00 1,928.00 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 1,511.43 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 4,669.31 Iq4 LONGEVITY Longevity 1 % 0.00 388.62 Iq5 LONGEVITY Longevity 3% 0.00 66.98 Iq6 LONGEVITY Longevity .5% 0.00 255.38 Iq7 LONGEVITY Longevity 1.5% 0.00 604.09 Iqh LONGEVITY Longevity Hourly 0.00 0.00 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 191.78 ooc MISCELLANEOUS 5% OUT OF CLASS 0.00 239.28 pds MISCELLANEOUS Public Disclosure Specialist 0.00 44.66 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 1,614.60 prof MISCELLANEOUS PROFESSIONAL STANDARDS 0.00 147.00 sdp MISCELLANEOUS SPECIAL DUTY PAY 5% 0.00 290.85 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 147.00 traf MISCELLANEOUS TRAFFIC 0.00 302.03 16,123.19 $669,718.41 Total Net Pay: $462,743.89 03/04/2013 Packet Page 72 of 343 Page 2 of 2 Payroll Earnings Summary Report City of Edmonds Pay Period: 642 (02/01/2013 to 02/28/2013) Hour Type Hour Class Description Hours 170 174 191 REGULAR HOURS REGULAR HOURS REGULAR HOURS COUNCIL BASE PAY COUNCIL PRESIDENTS PAY FIRE PENSION PAYMENTS Amount 0.00 7,000.00 0.00 200.00 5.00 3,587.89 5.00 $10,787.89 Total Net Pay: $8,282.19 03/04/2013 Page 1 of 1 Packet Page 73 of 343 vchlist Voucher List Page: 1 02/28/2013 11:34:59AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200858 2/28/2013 001702 AWC EMPLOY BENEFIT TRUST March 2013 AWC MARCH 2O13 AWC March 2013 AWC Premiums 811.000.231.510 55,418.17 Total : 55,418.17 1 Vouchers for bank code : usbank Bank total : 55,418.17 1 Vouchers in this report Total vouchers : 55,418.17 Page: 1 Packet Page 74 of 343 AM-5572 3. C. City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: Consent Submitted By: Stephen Clifton Department: Community Services Committee: Tyne: Information Subject Title Ordinance amending Edmonds City Code 3.75.120 relating to the Edmonds Downtown Business Improvement District. Recommendation City Council take action to approve ordinance amending Edmonds City Code 3.75.120 relating to the Edmonds Downtown Business Improvement District Previous Council Action November 13, 2012 - The City Council Finance Committee expressed support for, and recommended the City Council approve, a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds. November 27, 2012 - The City Council voted to approve a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds (see attached). December 18, 2012 - The City Council voted to approve a resolution declaring the City's intent to establish a business improvement district within a portion of the City of Edmonds and setting the public hearing date for January 15, 2013 (see attached). January 15, 2013 - The City Council voted to approve Ordinance 3909 establishing a business improvement district within a portion of the City of Edmonds. Narrative On February 26, 2013, I provided an update on Edmonds Downtown Business Improvement District (BID) activities. The update included references to a letter from the City, dated February 22, 2013, to business owners located within the BID boundary announcing the formation of an Edmonds Downtown Business Improvement District (BID) and asking for volunteers to serve on an Interim Members Advisory Board. I also mentioned that within the letter, we asked that business owners contact the City if the mailing address on file with the City is not accurate. During the update, I mentioned that Edmonds City Code, Section 3.75.120 requires the Mayor appoint an Interim BID Members Advisory Board, subject to City Council confirmation, which is to propose bylaws and policy guidelines to the City Council within 90 days of the City Council confirming the Mayor's initial appointments. Edmonds City Code Section 3.75.120 also requires the Interim BID Members Advisory Board recommend a work program and budget for year 2013 no later than 90 days after the effective date of Ordinance 3909 (Attachment 1). Because it took a while to prepare and issue the first letter, due in part to the resignation of the City's Finance Director, appointment of the BID Interim Members Advisory Board would not take place until well into the 90-day period related to preparing a work program and budget, thus leaving a little over one month for the BID Interim Members Advisory Board to recommend either to the City Council. I suggested and recommended bringing consistency between the timelines established for preparing bylaws/policy guidelines, and a work program/budget for year 2013. Attached you will find a draft ordinance (Attachments 2 and 3) that aligns both 90-day timelines. If approved, the Interim Members Advisory Board will be required to prepare and submit bylaws/policy guidelines, and a work program/budget for year 2013, to the City Council within 90 days of the City Council confirming the Mayor's appointment of an interim board. Packet Page 75 of 343 Attachments Ordinance 3909 Ordinance Amendine ECC 3.75.120 Attachment A to Ordinance Amending ECC Section 3.75.120 Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Stephen Clifton Final Approval Date: 03/08/2013 Form Review Date 03/07/2013 05:07 PM 03/07/2013 08:48 PM 03/08/2013 08:49 AM Started On: 03/07/2013 04:08 PM Packet Page 76 of 343 ORDINANCE NO. 3909 AN ORDINANCE ESTABLISHING AN EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT; LEVYING ASSESSMENTS UPON BUSINESS OWNERS; PROVIDING FOR THE DEPOSIT OF REVENUES IN A SPECIAL ACCOUNT AND EXPENDITURES THEREFROM; PROVIDING FOR COLLECTION OF AND PENALTIES FOR DELINQUENCIES; PROVIDING FOR THE ESTABLISHMENT OF A MEMBERS ADVISORY BOARD; AND PROVIDING FOR AN IMPLEMENTATION AGREEMENT WITH A PROGRAM ADMINISTRATOR. WHEREAS, the owners and operators of businesses located within the area and representing approximately sixty percent (60%) or more of the assessments levied by this ordinance signed a petition in support of establishing an Edmonds Downtown Business Improvement District; and WHEREAS, pursuant to RCW 35.87A.030, the City Council on November 27, 2012 adopted Resolution 1284 entitled "A Resolution of the City Council of the City of Edmonds, Washington, initiating a proposal for a Business Improvement District within a portion of the City of Edmonds"; WHEREAS, pursuant to RCW 35.87A.040, the City Council on December 18, 2012 adopted Resolution 1285 entitled, "A Resolution of the City Council of the City of Edmonds, Washington, Declaring the City's Intent to Establish a Business Improvement District Within a Portion of the City of Edmonds and Setting a Public Hearing Date Regarding the Same"; and WHEREAS, the Edmonds Downtown Business Improvement District established herein is for the purpose of enhancing conditions for the owners and operators of businesses;; and {ERZ699840.DOC;2/00006.080052/1 I Packet Page 77 of 343 WHEREAS, as provided by Resolution 1285, the City Council, held a public hearing on the Edmonds Downtown Business Improvement District on January 15, 2013 in the City Council Chambers, City Hall, 250 Fifth Avenue North, Edmonds, Washington; and WHEREAS, the testimony received at that hearing resulted in the Council determining that establishing an Edmonds Downtown Business Improvement District is in the best interest of the owners and operators of businesses within its boundaries and the public generally; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 3.75 of the Edmonds City Code entitled "Business Improvement District," is hereby adopted to read as follows: Chapter 3.75 BUSINESS IMPROVEMENT DISTRICT Sections: 3.75.010 Area Established. 3.75.020 Levy of Assessments. 3.75.030 Programs. 3.75.040 Assessment Methodology. 3.75.050 Rate Changes. 3.75.060 Deposit of Revenues. _ 3.75.070 Collection Schedule. 3.75.080 Delinquent Payments. 3.75.090 Notices. 3.75.100 Disputes. 3.75.110 Expenditures. 3.75.120 Members Advisory Board. 3.75.130 Business Improvement District Fund Oversight. 3.75.140 Contract for Program Management. ECC 3.75.010. Area Established. As authorized by Chapter 35.87A RCW, there is hereby established an Edmonds Downtown Business Improvement District ("EDBID") within the following boundaries as shown on the map attached as "Exhibit A"(when a street or alley is named, {ERZ699840.DOC;2/00006.080052/} 2 Packet Page 78 of 343 the area boundary is the centerline of the right-of-way_ including vacated portions unless otherwise specified in the description). The EDBID includes the parcels with the tax ID numbers set forth in Attachment B hereto, which is incorporated herein as set forth in full (for additional detail, please see the attached map). In case of a conflict between the list of parcels Exhibit B and the ma (Exhibit A), the map shall control. ECC 3.75.020. Levy of Assessments. To finance the programs authorized in Section 030, the owners and operators of businesses (collectively, "Members") in the EDBID described in Section I shall pay and be subject to a special assessment in the amount listed in Table 1 below. The Assessment shall be measured by the type and square footage of the business, subject to calculations and limitations in Section 040. Residential properties and the residential component of mixed -use properties shall not be subject to the special assessments. Commercial properties. or the portions thereof, that are vacant (do not contain a business) shall not be assessed. ECC 3.75.030. Programs. Assessment revenues may be used for any combination of the following component programs, but not for any other purpose: A. Marketing & Hospitality a. Maps/Brochures/Kiosks/Directories b. Web Site c. Social Media d. Marketing/Advertising Campaigns e. Holiday Decorations f. Street Performers/Artists g. Historic Education/Heritage Advocacy h. Special Public Events { ERZ699840.DOC;2/00006.080052/} Packet Page 79 of 343 B. Safety & Cleanliness a. Maintenance b. Securijy c. Pedestrian Environment Enhancements C. Appearance & Environment a. Design Enhancements b. Neighborhood Advocacy & Communication c. Streetscapes/Lightin • urniture D. Transportation a. Transportation Alternatives b. Directional Signage c. Parking Management & Miti ag tion E. Business Recruitment & Retention a. Education/Seminars b. Market Research c. Business Recruitment F. Organization a. Contract Staff & Professional Services b. Administration Costs. ECC 3.75.040. Assessment Methodoloay. The special assessment amount shall be based on the type of business multiplied by the square footage of a business. There shall be two business classifications for the purposes of calculating the assessment: "open door" businesses (e.p., restaurants, retailers, banks, etc.), and "by appointment" businesses (e.g., hair {ERZ699840.DOC;2/00006.080052/} 4 Packet Page 80 of 343 salons, doctors, lawyers, nail salons, insurance providers counselors, financial advisors, etc.). Open door establishments are assessed at a higher rate than by appointment businesses due to the relatively higher benefit that open door businesses are expected to receive from the programs, Table I shows the annual assessment for both classifications of businesses based on theirs ware footage within the EDBID. Table 1 Square footage Assessment for "Open Door" Assessment for "By Appointment" 0-499 $90 quarter ($30 per month) $30 quarter ($10 per month) 500-999 $105 quarter ($35 per month) $45 quarter ($15 per month) 1000-1999 $120 quarter ($40 per month) $60 quarter ($20 per month) 2000-4999 $135 quarter ($45 per month) $75 quarter ($25 per month) 5000 and over $150 quarter ($50 per month) $90 quarter ($30 per month) The initial assessment calculation shall be based on the City of Edmonds' business license records for year 2012. Governmental entities, public utilities, nonprofits operating under Internal Revenue Code section 501 c 3 shall not be assessed. ECC 3.75.050. Rate Changes. Changes in the assessment rate shall only be made by ordinance and as authorized by state law. ECC 3.75.060. Deposit of Revenues. The City of Edmonds will create a Business Improvement District Fund within the City of Edmonds budget; a separate subaccount designated as the Edmonds Downtown Business Improvement District Account (called "the Account"). The following monies shall be deposited in the Account: (a) All revenues from assessments levied under this ordinance; (b) Gifts, grants and donations; (c) Interest and all other income from the investment of Account deposits; 1 ERZ699840. DOC;2/00006.080052/1 Packet Page 81 of 343 (d) Reimbursements due to the Account; (e) Interest and/or penalties from delinquent accounts; and (f) Transfers from other city funds, PROVIDED THAT liabilities of the EDBID shall not be an obligation of the general fund or any other special fund of the city ECC 3.75.070. Collection Schedule. Assessments shall be paid and collected on a quarterly basis, PROVIDED THAT Members may opt to pay the full yearly assessment at the time of the billing for the first quarter. ECC 3.75.080. Delinquent Payments. If the assessment is not paid within sixty (60) days after its due date, a delinquency charge shall be added at the rate of twelve percent 12%per annum. The Finance Director is authorized to use a City of Edmonds approved collection agency to collect any unpaid assessments. Use of a collection agency will result in a business pgyigg the a enc 's fee on top of the amount of the BID assessment plus interest and penalties. ECC 3.75.090. Notices. Notices of assessment, installment payments, or delinquency. and all other notices contemplated by this ordinance shall be sent to the EDBID Member by ordinary mail to the mailing address shown on the Business License as maintained by the CiV Clerk. Failure of the Member to receive gny mailed notice shall not release the Member from the duty to pay the assessment and any interest and delinquency charges on the due date. ECC 3.75.100. Disputes. Any Member seeking to challenge the amount of an assessment or delinquency charge may submit additional information concerning the classification and/or square footage of the business to the Finance Director or designee, who may { ERZ699840. DOC;2/00006.080052/ } Packet Page 82 of 343 adiust the assessment based on Table 1 if he determines that the original classification and/or square footage was erroneous. The Finance Director shall provide a written detennination to the Member, which may be appealed to the City's Hearing Examiner within ten days of the Finance Director's determination bypaying an appeal fee in the amount of $250.00 and filing a notice of appeal with the city clerk that sets forth the alleged error in the Finance Director's determination. The Member has the burden of proof before the Hearing Examiner to show that the assessment or delinquency fee is incorrect. ECC 3.75.110. Expenditures. Expenditures from the Account shall be made Uon vouchers drawn by the Finance Director and shall be used exclusively for the purposes defined in Section 030. ECC 3.75.120. Members Advisory Board. The Mayor shall appoint, subject to confirmation by the City Council, an interim Members Advisory Board comprised of Members from the EDBID within sixty dais of the effective date of this ordinance. The Mayor shall appoint at least seven and no more than eleven interim board members. The interim Board shall be composed of both open door and by appointment EDBID Members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition., the Finance Director and the Community Services / Economic Development Director shall be non-votiniz, ex officio members of the interim board. The interim Members Advisory Board shall be responsible for proposing. bylaws and policy guidelines to the City Council that will address, among other matters, the coMposition and method ofa ointin or electing future board members. The initial Member Advisory Board shall submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments. The interim Members Advisory Board shall { ERZ699840.DOC;2/00006.080052/} Packet Page 83 of 343 also provide advice and consultation to the Finance Director, and to any individual or agency, that mqy be hired to manse the day-to-day operations of the Business Improvement District program, on all matters related to the operation of the program. The interim Members Advisory Board shall recommend a work program and budget for 2013 no later than 90 days after the effective date of this ordinance and shall recommend a work program and budget for all subsequent years no later than September 1 St of the ear before. The board shall address and discuss Member concerns and questions reizardin the EDBID and program; review all reports submitted to the Finance Department by the Member's Advisory Board or Program Administrator, if hired,• and sponsor the initial annual Members meeting. ECC 3.75.130. Business Improvement District Fund Oversight. The Finance Director shall administer the BID Fund for the City with authority to: (a) Consider adjusting the assessment amount based on an erroneous classification or square footage; (b) Collect the assessments; refund assessments when overpaid or otherwise improperly collected; extend the deadline for payment; and waive delinquencycharges and interest whenever the delinquency results from extenuating circumstances beyond the Member's control, such as a casualty loss causing premature closure of the business, bankruptcy, or the total principal payment due to the City (exclusive of penally and interest is Ten Doltars $10.U0 or less; (c) Calculate and collect the interest for late payments; and (d) Accept and deposit advance payment of assessments by Members,_ accept donations from governmental a mendpublic, and owners and operators of businesses. { ERZ699840. DOC ;2/00006.080052/ } Packet Page 84 of 343 ECC 3.75.140. Contract. for Program Management. The Community_ Services! Economic Development Director andlor Finance Director shall serve as the Program Administrator until permanent provisions are made pursuant to adopted bylaws. Section 2. Commencement of Assessments. Assessments shall commence at the beginning of the month following effective date of this ordinance. Section 3. Effective Date. This ordinance shall take effect five (5) days after passage and publication of an approved summary consisting of the title. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TA DAY FILED WITH THE CITY CLERK: 01-11-2013 PASSED BY THE CITY COUNCIL: 01-15-2013 PUBLISHED: 01-20-2013 EFFECTIVE DATE: 01-25-2013 ORDINANCE NO. 3909 {ERZ699840.DOC;2/00006.080052/} 9 Packet Page 85 of 343 SUMMARY OF ORDINANCE NO.3909 of the City of Edmonds, Washington On the 151h day of January, 2013, the City Council of the City of Edmonds, passed Ordinance No. 3909. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE ESTABLISHING AN EDMONDS DOWNTOWN BUSINESS IMPROVEMENT AREA; LEVYING ASSESSMENTS UPON BUSINESS OWNERS; PROVIDING FOR THE DEPOSIT OF REVENUES IN A SPECIAL ACCOUNT AND EXPENDITURES THEREFROM; PROVIDING FOR COLLECTION OF AND PENALTIES FOR DELINQUENCIES; PROVIDING FOR THE ESTABLISHMENT OF A MEMBERS ADVISORY BOARD; AND PROVIDING FOR A BUSINESS IMPROVEMENT DISTRICT PROGRAM ADMINISTRATOR. The full text of this Ordinance will be mailed upon request. DATED this 161h day of January, 2013 z. " p hc<-ate CITY CLERK, SANDRA S. CHASE {ERZ699840. DOC;2/00006.080052/} Packet Page 86 of 343 Attachment A {ERZ699840.DOC;2/00006.080052/1 11 Packet Page 87 of 343 �y .S !1 D Boul 1 Iz - i Ul L �n Cr 4 CL J 0 IN 2m 3a r.� ncr {ERZ699840.DOC;2/00006.080052/} 12 Packet Page 88 of 343 aQ R rf� A f A A 209 N wn t3�A►7+1 , 146 � U; W G lse Ala LAM } Downtown Business Improvement District QtY of Edmonds - In Sth Ave N k t gage 8 Wfl"8ds, WA �+ l6k 101, e e 9Qh finch = M feet x A Attachment B Parcel IDs Associated with Edmonds Downtown Business Improvement District 00434400100601 00830800020500 27032300407700 27032300406500 00434202101600 00871500010000 00434209703702 27032300405800 00434202101800 00871500010100 00434209703700 00434212003900 00434202101900 00787600010000 00952100010100 00434212003700 00434202102100 00787600020100 00952100000201 00434212003800 00434202102300 00787600020200 00952100000301 27032300404400 00434202102600 00787600020300 00952100000001 27032300405400 00434202102800 00863300010100 00952100000002 27032300405600 00434202102900 00863300020100 00952100000003 27032300405500 00434202103000 00863300020200 00952100000004 00434401500601 00434202103100 00863300020300 00952100000005 00434401500602 00434212000302 00434401200300 00952100000006 00454800102000 00434212000500 00858900120100 00952100000007 27032300408500 00434212000600 00858900120200 00952100000008 00678200010100 00434212000700 00858900120400 00952100000009 00678200010200 00434212000900 00858900120300 00952100000010 00678200010300 00434212001100 00434400700402 00952100000011 00678200010400 00434212001200 00434400700500 00952100000012 00678200010500 00434212001500 00434400700700 00952100000013 00678200010600 00434212001700 00434400700800 00952100000014 00678200010700 00434212002100 00434400700300 00952100000015 00678200010800 00434212002400 00434400700401 00952100000016 00678200020100 00434212002600 00434400600100 00952100000017 00678200020200 00434212002800 00434400600300 00952100000018 00678200020300 00434212003300 00434400600400 00952100000019 00678200020400 00434212100100 00434400600500 00952100000020 00678200020500 00434212103700 00434400600701 00952100000021 00678200020600 00434212200100 00434400600702 00952100000022 00678200020700 00434212300100 00434400601202 00952100000023 00678200020800 00434209700100 00434400601201 00952100000024 00678200030100 00434209700300 00434400600600 00952100000025 00678200030200 00434209700900 00434400101002 00952100000026 00678200030300 00434209703100 00434400101100 00952100000027 00678200030400 00434209703400 00434400101202 00952100000028 00678200030500 00682200000100 00434400101201 00952100000029 00678200030600 00682200000200 00864100010000 00952100000030 00678200030700 00682200000300 00864100020000 00952100000031 00678200030800 00682200000400 00864100020100 00952100000202 00678200040100 00682200000500 00864100020200 00952100000203 00678200040200 00682200000600 00864100020300 00952100000204 00678200040300 00682200000700 00864100020400 00952100000205 00678200040400 {ERZ699840.DOC;2/00006.080052/} 14 Packet Page 90 of 343 00682200000800 00864100020500 00952100000302 00678200040500 00682200000900 00864100030000 00952100000303 00678200040600 00682200001000 00864100030100 00952100000304 00678200040700 00682200001100 00864100030200 00952100000305 00678200040800 00682200001200 00864100030300 00956300010100 00454800300700 00434209803700 00864100030400 00956300010200 01070900000100 00434209803900 00454800101200 00956300020100 01070900000200 00434209804000 00454800100901 00956300020200 01070900010500 00434212100700 00434401500700 00956300020300 01070900010600 00434212203701 00887300010100 00956300020400 01070900020100 27032300409000 00887300010200 00956300020500 01070900020200 27032300408200 00887300020100 00956300030100 01070900020300 27032300405100 00887300020200 00956300030200 01070900020400 27032300405200 00887300030100 00956300030300 01070900020500 27032300405300 00887300030200 00956300030400 01070900020600 27032300404600 00887300030300 01016400010000 01070900020700 27032300405700 00887300030400 01016400020100 01070900030100 27032300404500 00887300030500 01016400020200 01070900030200 27032300404100 27032300412700 01016400020300 01070900030300 27032300403600 27032300412800 01016400020400 01070900030400 27032300403700 27032300412900 01016400030100 01070900030500 27032300404000 27032300413000 01016400030200 01070900030600 27032300407800 27032300413100 01016400030300 01070900000300 27032300407900 27032300413700 01016400030400 01070900000400 00813900000100 00434401201100 01016400000100 01070900020800 00813900000200 00434401201202 01016400000200 01070900020900 00813900000300 00434401201201 01016400000300 01070900021000 00813900000400 27032300404900 01016400000400 01070900021100 00813900010100 27032300408000 01016400000500 01070900021200 00813900010200 27032300413200 01016400000600 01070900021300 00813900020100 00434400700100 01016400000700 01070900030800 00813900020200 00858900100100 01016400000800 01070900030900 00434401600300 00454800200901 01016400000900 01070900031000 00434401601100 00434400100101 01016400001000 01070900031100 00434401600502 00434400100102 01016400001100 01070900031200 00434401600501 00434400100300 01016400001200 01070900031300 00434401600503 00434400101001 01016400001300 27032300404200 00454800100100 00434400100800 01016400001400 00434212003000 00454800100300 00434400100700 01016400001500 00434212003100 00454800100902 27032300408900 01016400001600 00434401300200 00454800101100 00924700000100 01016400001700 00434401300101 00454800101300 00924700000200 01016400001800 00434401300102 00454800101700 00924700000300 01016400001900 27032600102500 {ERZ699840.DOC;2/00006.080052/} 15 Packet Page 91 of 343 00454800200400 00924700000400 01016400002000 27032600100100 00454800201000 00924700000500 27032300403800 27032300413500 00454800201100 00924700000600 27032300403900 27032300413400 00454800201700 00924700000700 27032300407100 27032600100800 00454800201900 00924700000800 27032300407000 27032600100900 00830800020100 00924700000900 27032300406900 27032600102900 00830800020200 00924700001000 00434212000101 00830800020300 00924700001100 00434212000102 00830800020400 00924700001200 00434212000301 {ERZ699840.DOC;2/00006.080052/1 16 Packet Page 92 of 343 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTION 3.7 5.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds Downtown Business Improvement D i s t r i c t ( B I D ) was established by Ordinance No. 3909 resulting in the establishment of Edmonds City Code Section 3.75; and WHEREAS, Section 3.75.120 of the Edmonds City Code requires the BID Members Advisory Board to propose bylaws and policy guidelines to the City Council that will address, among other matters, the composition and method of appointing or electing future board members, and that the initial/interim BID Member Advisory Board submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments; and WHEREAS, Section 3.75.120 of the Edmonds City Code requires the BID Members Advisory Board recommend a work program and budget for 2013 no later than 90 days after the effective date of Ordinance 3909, and WHEREAS, the City Council now deems it appropriate to bring consistency between the timelines established for preparing bylaws/policy guidelines, and a work program/budget, for year 2013, i.e., submitting both bylaws/policy guidelines and a work program/budget for year 2013 to the city council within 90 days of the city council's confirmation of the mayor's initial Members Advisory Board appointments; and WHEREAS, on February 26, 2012, the City Council directed that an ordinance Packet Page 93 of 343 be prepared to make further revisions to chapter 3.75.120 ECC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.75.120 of the Edmonds City Code is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text shown in underline; deleted text shown in strike through): Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: :• Jeffrey B. Taraday, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Approved: MAYOR DAVID O. EARLING -2 Packet Page 94 of 343 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the 12th day of March, 2013, 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, SECTION 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.. The full text of this Ordinance will be mailed upon request. DATED this ___ day of March, 2013. CITY CLERK: SANDRA S. CHASE 4852-3031-9887, v 1 Packet Page 95 of 343 Attachment A ECC 3.75.120. Members Advisory Board. The Mayor shall appoint, subject to confirmation by the City Council, an interim Members Advisory Board comprised of Members from the EDBID within sixty days of the effective date of this ordinance. The Mayor shall appoint at least seven and no more than eleven interim board members. The interim Board shall be composed of both open door and by appointment EDBID Members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition, the Finance Director and the Community Services I Economic Development Director shall be non -voting, ex officio members of the interim board. The interim Members Advisory Board shall be responsible for proposing bylaws and policy guidelines to the City Council that will address, among other matters, the composition and method of appointing or electing future board members. The initial Member Advisory Board shall submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments. The interim Members Advisory Board shall also provide advice and consultation to the Finance Director, and to any individual or agency, that may be hired, to manage the day-to-day operations of the Business Improvement District program, on all matters related to the operation of the program. The interim Members Advisory Board shall reeemmend submit a proposed work program and budget for 2013 to the city council no later- tha within 90 days of the citv council's confirmation of the mavor's initial appointments after- the e ffeetive dat ^r this ordi a o and shall recommend a work program and budget for all subsequent years no later than September 1st of the year before. The board shall address and discuss Member Packet Page 96 of 343 concerns and questions regarding the EDBID and program; review all reports submitted to the Finance Department by the Member's Advisory Board or Program Administrator, if hired; and sponsor the initial annual Members meeting. Packet Page 97 of 343 AM-5560 City Council Meeting and Committee Meetings Meeting Date: Time: Submitted By: Department: Review Committee: Type: 03/12/2013 20 Minutes Stephen Clifton Community Services Action Committee Action: Information Subject Title Appointment of Interim Edmonds Downtown Business Improvement District Members Advisory Board. Recommendation 5. Previous Council Action November 13, 2012 - The City Council Finance Committee expressed support for, and recommended the City Council approve, a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds. November 27, 2012 - The City Council voted to approve a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds (see attached). December 18, 2012 - The City Council voted to approve a resolution declaring the City's intent to establish a business improvement district within a portion of the City of Edmonds and setting the public hearing date for January 15, 2013 (see attached). January 15, 2013 - The City Council voted to approve Ordinance 3909 establishing a business improvement district within a portion of the City of Edmonds. Narrative On February 22, 2013, the City sent a letter announcing the formation of an Edmonds Downtown Business Improvement District (BID) and asking for volunteers to serve on the Interim Members Advisory Board. Per Edmonds City Code 3.75.120, the Mayor is to appoint, subject to confirmation by the City Council, an interim Members Advisory Board comprised of Members from the Edmonds Downtown BID within sixty days of the effective date of the ordinance. The Mayor shall appoint at least seven and no more than eleven interim board members. The interim Board shall be composed of both open door and by appointment Edmonds Downtown BID Members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. Currently, the total rough proportional representation of businesses currently operating businesses subject to the BID assessment is 50.6% Open Door and 49.4% By Appointment. The interim Edmonds Downtown BID board is responsible for proposing bylaws and policy guidelines to the Edmonds City Council which include outlining the role, purpose, and operations of the board, and the composition and method of appointing or electing future board members. Additionally, the Interim Members Advisory Board will also be responsible for preparing an initial work plan for year 2013 (see related March 12, 2102 agenda item related to amending ECC 3.75.120). In the future, Edmonds Downtown BID members will be responsible for selecting Member Advisory Board members. Subject to Council confirmation, Mayor Earling appoints the following individuals who have expressed a desire to serve on the interim Edmonds Downtown BID Members Advisory Board: Open Door • Pam Stuller: Walnut Street Cafe (410 Walnut Street) • Paul Rucker: Saetia (120 - 5th Avenue South, Suite A) • Steve Balas: Waterfront Coffee Company (101 Main Street, Suite A) Packet Page 98 of 343 • Kim Wahl: Reliable Floors (542 Main Street) • David Arista: Arista Wine Cellars (320 - 5th Avenue South) • Mary Kay Sneeringer: Edmonds Bookshop (I I I - 5th Avenue South) By ppointment • Sally Merck: Sally Merck Counseling (543 Main Street, Suite 103) • Kevin Clarke: Clarke, White & Veenstra (100 - 2nd Avenue South, Suite 320) • Cadence Clyborne: HDR Engineering Inc. (123 - 2nd Avenue South) • Chris Fleck: Puget Sound Tax Services (514 - 5th Avenue South, Suite A) • Juliana van Buskirk: Edward Jones (313 Main Street, Suite 101) Upon confirmation, City staff will notify the appointees. As mentioned during the February 26, 2013 Edmonds Downtown BID update to the City Council, I will work with the Interim Members Advisory Board on a second letter that includes an Edmonds Downtown BID overview in addition to highlighting assessment rates, collection schedule, uses for BID funds, types of businesses exempt from assessments, purpose of the longer term Members Advisory Board, etc., prior to sending assessment notices to business owners. The letter will be sent to businesses located within the BID boundary. Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Stephen Clifton Final Approval Date: 03/08/2013 Form Review Date 03/08/2013 11:48 AM 03/08/2013 12:12 PM 03/08/2013 12:24 PM Started On: 03/06/2013 01:45 PM Packet Page 99 of 343 AM-5548 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 10 Minutes Submitted For: Rob English Department: Engineering Committee: Finance Subject Title Purchasing Policy Revision for Public Works Projects. Submitted By: Robert English Tyne: Action Information Recommendation Forward this item to the consent agenda for approval at the March 19, 2013 Council meeting. Previous Council Action None. Narrative 11. A. The current Purchasing Policy and City Council practice on contracts over $100,000, requires the advertisement for construction bids and requests for qualifications (RFQ) to be reviewed by the Public Works, Parks and Planning Committee and then placed on the City Council agenda for approval. Each approval, whether for a RFQ or bid advertisement, can add as much as four weeks to the project delivery schedule, since there is only one Committee meeting per month. Staff is recommending the following changes to the City's Purchasing Policies to improve the efficiency and delivery of capital improvement projects. Professional Services Contracts The City Council must approve all professional services contracts over $100,000. The proposed revision would eliminate City Council's pre -approval of the RFQ on contracts over $100,000, if the project is in the City Council approved budget or Capital Improvement Program (CIP). If the project is not in the City Council approved budget or CIP and is over $100,000, then the RFQ would need to be approved by the City Council. Construction Contracts The City Council must approve the award of all construction contracts over $100,000. The proposed revision would eliminate the requirement for Council authorization to advertise for construction bids on construction contracts over $100,000, if the project is in the City Council approved budget or CIP. If the construction project is not in the City Council approved budget or CIP and is estimated to cost over $100,000, then authorization to advertise for construction bids would need to be approved by the City Council. No change is proposed to the City Council's approval authority of professional service or construction contracts. The proposed revisions will reduce project delivery schedules by as much as 8 weeks on projects designed by a consultant and by as much as 4 weeks on projects designed by City staff. The reduced delivery time may improve opportunities to bid projects during the winter and spring and may result in more contractor bids and lower bid prices. City staff time and cost required to prepare two agenda reports for a Committee meeting and City Council meeting could be redirected to other project management activities. Attachments Packet Page 100 of 343 Draft Revision to Purchasing Policies Inbox Reviewed By Engineering Megan Luttrell Public Works Kody McConnell City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Robert English Final Approval Date: 03/07/2013 Form Review Date 03/06/2013 03:19 PM 03/06/2013 03:22 PM 03/06/2013 04:41 PM 03/07/2013 12:49 PM 03/07/2013 01:14 PM Started On: 03/01/2013 06:19 PM Packet Page 101 of 343 City of Edmonds `1)c 1 g9v Purchasing Policies and Procedures jan„aRr 2012March 2013 Packet Page 102 of 343 Table of Contents Page Policy......................................................................................................................................................1 Purpose..................................................................................................................................................1 Authority................................................................................................................................................1 Parameters.............................................................................................................................................1 Procurement of Products.....................................................................................................................2 Procurement of Professional Services...............................................................................................2 A. Professional, Technical, and Other............................................................................................2 B. Architectural, Engineering, and Land Surveyor Services(A/E).................................................3 Procurementof Public Works..............................................................................................................3 BiddingRequirements..........................................................................................................................4 BidProcedures...................................................................................................................................4 Apprentice Requirements...................................................................................................................6 ResponsibleBidder Criteria...............................................................................................................8 SmallWorks Roster............................................................................................................................11 Limited Pubic Works Process.........................................................................................................12 Change Orders on Public Works Construction Contracts.............................................................13 Reimbursement of Expenses.............................................................................................................13 OtherIssues........................................................................................................................................13 InterlocalAgreements....................................................................................................................13 Sole Source Procurement..............................................................................................................14 SpecialMarket Conditions..............................................................................................................14 Emergencies...................................................................................................................................14 Record Retention Requirements....................................................................................................14 State Minimum Bidding Requirements...........................................................................................15 Conflictsof Interest.........................................................................................................................15 Formsand Templates....................................................................................................................15 Recyclables....................................................................................................................................15 SurplusItems..................................................................................................................................15 Store Issued Charge Cards............................................................................................................15 PurchaseCards..............................................................................................................................15 QuickChecks.................................................................................................................................15 EarlyRelease.................................................................................................................................15 PettyCash......................................................................................................................................15 BudgetAdjustments.......................................................................................................................16 Exclusive Contract Agreements.....................................................................................................16 Expenditures of Direct or Indirect Federal Financial Assistance....................................................16 FinanceCommittee........................................................................................................................16 City of Edmonds Purchasing Policy jaRuary 204-2March 2013 Packet Page 103 of 343 Page 1 of 16 Policy The City of Edmonds will acquire goods and services in a manner that results in the most efficient delivery of the same considering cost and value received. To avoid conflict of interest, procurement will be impartial. Procurement of goods and services will provide the City with the best quality for the best value and will be for the benefit of the public. Employees are prohibited from making purchases for personal use and charging any City vendor account. Purchases will be made within budget limits and to meet goals and objectives approved in the City's budget. Potential purchases that are not within budget limits will be pre -approved through a budget amendment process. All City purchases will ultimately be approved by the City Council through the voucher approval process. Purpose This administrative manual establishes City responsibilities and policies, procedures, and practices to follow to purchase equipment, materials, and services. All employees must follow established policies and procedures. The City's purchasing policies and procedures, however, are intended solely for the benefit of the City. Nothing therein shall be interpreted to create any specially benefited or protected class of persons, or any private cause of action against the City. Adherence to policies and procedures will ensure that public purchases and contracts are open, fair, and at the least cost to the public. Policies and procedures are divided into six major areas: 1) Procurement of Products, 2) Procurement of Professional Services, 3) Procurement of Public Works, 4) Bidding Requirements, 5) Reimbursement of Expenses, and 6) Other Issues. Authority A department director (or designee), acting within his/her department budget, is authorized to provide for supplies and services purchases. To ensure the City's fiscal responsibility, purchases are coordinated through the Finance Department. The City's procurement procedures are based on Revised Code of Washington minimum standards, Edmonds City Council adopted resolutions and ordinances, rules and guidelines from the State Auditor's Office, and recommendations from Municipal Research Services Center. Parameters Dollar -value ranges indicated pertain to each purchase (including tax, freight, handling and set up costs, if applicable). Purchases cannot be broken into multiple purchases to avoid compliance with State statutes and City policies. Procurement of goods or services specifically identified and approved by Council during the budget process are excluded from pre -approval requirements. Any contract that extends beyond the approved budget cycle or which has continuing provisions (indemnities) which impose obligations beyond the budget cycle must go to Council for authorization; provided that the Mayor (or designees) shall be authorized to execute contracts with indemnity provisions that survive expiration or termination of the contracts if the following conditions are met: (1) City Attorney determines that the indemnity provision is in a standard form that assigns risks in a manner consistent with the costs and purposes of the contract; and (2) the dollar value of the contract is less than $100,000. City of Edmonds Purchasing Policy jaRuary P01 PMarch 2013 Packet Page 104 of 343 Page 2 of 16 Procurement of Products Purchasing decisions costing $50,000 or less must be approved by the department director (or designee). Purchases costing between $10,000 and $25,000 require at least three telephone quotes from vendors (unless the items are from a sole source vendor), and completion of the vendor quote form. Purchasing decisions costing more than $25,000 but less than $50,000 must be approved by the department director (or designees). Purchases require written quotations from, if possible, at least three vendors (unless the items are from a sole source vendor). Purchasing decisions costing more than $50,000 but less than $100,000 must be approved by the department director and the Mayor (or their designees). Purchases require written quotations from, if possible, at least three vendors (unless the items are from a sole source vendor). Purchases in excess of $100,000 must be bid competitively (unless the items are from a sole source vendor). See Bidding Requirements below. The City Council must authorize the call for bids for a purchase estimated at $100,000 or more, as well as award the contract. When soliciting quotes, the City will not inform a vendor of other vendors' quotes. All quotes/bids must be awarded to the lowest responsible bidder. Procurement of Professional Services A. Professional, Technical, and Other Services 1. Professional, Technical and Other services include disciplines not specifically related to A/E such as attorneys, computer programmers, financial analysts, bond counsels, artists, planners, real estate appraisers, landscapers, etc. 2. Purchase of professional services requires completion of a City professional service contract that describes services to be performed and purchase price. 3. The department director (or designee) must approve purchases of professional services costing $50,000 or less, and provided funds have been budgeted is authorized to sign the contract. 4. The department director and the Mayor (or their designees) must approve purchases of professional services costing more than $50,000 but less than $100,000. The Mayor is authorized to sign the contract provided funds have been budgeted. Professional services with an estimated consultant fee of $100,000 or greater, require a focused public solicitation to ensure the consultant has the necessary expertise. If the work is not part of a project listed in the most current City Council Approved budget or CIP, a —A summary of the public solicitation must be put on the City Council agenda for approval prior to advertisement. The City Council must approve Professional Service contracts costing more than $100,000, and authorize the Mayor to sign the contract. Expertise, experience, including prior experience with the City, timeframe for completing projects, and the value of a negotiated agreement will be considered when choosing a consultant/firm to perform professional services. City of Edmonds Purchasing Policy oaT nary P01 PMarch 2013 Packet Page 105 of 343 Page 3 of 16 B. Architectural, Engineering and Land Surveyor Services (A/E) 1. Procurement of A/E services will be in accordance with Chapter 39.80 RCW. The statute requires advance notice of the need for professional services (RCW 39.80.030), evaluation of firms' qualifications and performance (RCW 39.80.040), and negotiation with firms in accordance with adjudged qualifications (RCW 39.80.050). A/E purchases will be coordinated through the Public Works Department to ensure compliance with State statutes. 2. The department director (or designee) are designated authority to approve advertising Requests for Qualifications (RFQ's) for A/E services when the estimated consultant contract fee is $50,000 or less and to approve proceeding with procurement of A/E services using the A/E Consultant Roster, provided funds have been budgeted by Council. 3. The department director and the Mayor (or their designees) must approve consultant contracts when the estimated consultant contract fee is greater than $50,000, but less than $100,000, provided funds have been budgeted.. The Mayor is authorized to sign the contract. Per Resolution 1155 the City utilizes the A/E consultant roster maintained by Municipal Research and Services Center (MRSC). 5. Selection of an A/E consultant from the consultant roster may be made if the estimated consultant fee is $100,000 or less. All projects with an estimated A/E consultant fee of $100,000 or greater, and projects that are sufficiently complex/unique will require a focused public solicitation advertised as a Request for Qualification (RFQ's) to ensure the A/E consultant has the necessary expertise. If the project is not listed in the City's current City Council Approved budget or CIP, Aa summary of the RFQ and project details must be put on the City Council agenda for approval prior to advertising the RFQ. The City Council must approve A/E Professional Service contracts costing more than $100,000, and authorize the Mayor to sign the contract. A selection panel, with a minimum of three employees, shall be used to select an A/E consultant when the estimated consultant fee exceeds $100,000. A selection panel is optional when the A/E consultant fee is estimated to be less than $100,000. Purchase of A/E services require completion of a City professional service contract that describes services to be performed and purchase price. Procurement of Public Works RCW 39.04.010 defines public works to include all work, construction, alteration, repair or improvement other than ordinary maintenance, executed at the cost of the City. (Most public works projects are multiple craft, defined as more than one type of work being executed.) 1. City employees may be used to perform public works projects until the accumulated costs of public works projects performed by them during a budget cycle meets ten percent of the City's public works construction budget; PROVIDED that, for any public works project costing more than fifty thousand dollars, if multiple crafts or trades are involved, or thirty thousand dollars, if only a single craft or trade is involved, must be bid competitively. See Bidding Requirements below. 2. Starting in January 1, 2010, the bid limits above will be sixty five thousand dollars and forty thousand dollars, respectively. City of Edmonds Purchasing Policy oaT nary P01 PMarch 2013 Packet Page 106 of 343 Page 4 of 16 3. Once the accumulated cost of public works project performed by City employees during a budget cycle meets or exceeds ten percent of the City's public works construction budget, all other public works projects must be bid competitively, regardless of estimated costs. See Bidding Requirement below. 4. Public works projects are governed by prevailing wage requirements, regardless of contract amount. 5. Except as noted below for Small Works Roster or limited public works, a bid bond of five percent will be required on all public works bids, and a performance bond (or retainage for public works contracts of thirty five thousand dollars or less) will also be required pursuant to Chapter 39.08 RCW on public works contracts. Bidding Requirements The competitive bid process is generally (although not exclusively) used for public works projects. Dollar -value ranges indicated pertain to each purchase (including tax, freight, handling and set up costs, if applicable). Purchases cannot be broken into multiple purchases to avoid compliance with State statutes or City policies and procedures. Negotiations on bids are not permitted. Bid Procedures 1. Authorization for Bids Authorization to call for bids will be approved by the department director (or designee) for public works projects estimated at less than $50,000; and by the department director and the Mayor (or their designees) for a public works project costing more than $50,000 but less than $100,000. If the project is not included in the current City Council Approved budget or CIP, Tthe City Council must authorize the call for bids for a project estimated at $100,000 or more. 2. Publication of Notice After proper authorization, the requesting department director (or designee) will publish the advertisement for Bids reasonably in advance of the bid submittal deadline in the official newspaper or a newspaper of general circulation most likely to bring responsive bids. 3. Notice Contents Notice (or advertisement) for bids should contain definite specifications and procedures for bidders to use to estimate their bids. A bid notice for public work should include: - project title, - nature and scope of work or goods sought, - where contract documents (plans and specifications) can be reviewed or obtained, - cost, if any, to obtain a set of contract documents, - place, date, and time that bids are due, - place, date, and time that bids will be opened (if different from above), - materials and equipment to be furnished by the City, if any, - statement that a bid bond must accompany the bid for public works projects, and a - statement that the City retains the right to reject any and all bids and to waive minor irregularities in the bidding process. City of Edmonds Purchasing Policy oaT nary P01 PMarch 2013 Packet Page 107 of 343 Page 5 of 16 In addition, the City may provide evaluation criteria; minimum qualification expectations; date, time, and location of pre -bid conference (if applicable); and name, address, and telephone number of the project contact to assist bidders in preparing responsive submittals. 4. Bid Opening Bids are submitted to the City Clerk's Office, where they are time and date stamped and processed. No bids will be opened prior to the predetermined date and time. 5. Report on Bids The requesting department director will report on all bids received with a recommendation on the lowest responsible bidder, if any, or to reject all bids. 6. Bid Award Unless all bids are rejected, a winning bid must be awarded to the lowest responsible bidder by the department director (or designee) for a public works project costing less than $50,000; and by the department director and the Mayor (or their designees) for a public works project costing more than $50,000 but less than $100,000. The City Council must award bids which exceed $100,000. The City may chose to reject all bids for any reason. The following shall apply to bid solicitations: • Selection of a winning offer is based primarily on low bid, after factoring whenever possible such costs as maintenance and operations over the expected period of use. Consideration, however, may also be given for the following: • Ability, capacity, expertise and skill of the bidder to perform the contract. • Character, integrity, reputation, judgment, experience, and efficiency of bidder. • Ability to perform within time specified. • Quality of performance of previous contract(s). • Other information having a bearing on the decision to award the contract. • Minimum qualifications must be provided to ensure respondents are reasonably qualified. Minimum qualification requirement should be compared against the marketplace to ensure they are not overly restrictive. • To ensure consistency and fair process, the City will use standard forms, documents, contracts, and terms and conditions, when practical. The Public Works & Finance Departments will maintain templates for bid -related documents for use by departments. The City may use an evaluation selection committee to promote an open and proper selection. The requesting department director will appoint committee members to act in an advisory capacity. • When practical, the City will conduct a pre -bid conference to allow a thorough discussion of the City's expectations, intent, scope, specifications, and terms. Interested companies should be encouraged to attend. • Every bidder for a public works contract that is expected to cost one million dollars or more must submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of bidder to submit as City of Edmonds Purchasing Policy oaT nary P01 PMarch 2013 Packet Page 108 of 343 Page 6 of 16 part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the bid nonresponsive and, therefore, void. • If no responsive bid is received on the first call the City may readvertise and make a second call, or without any further call, it may enter into a negotiated contract, purchase the supplies, material or equipment or perform the work or improvement using its own employees. Apprentice Requirements A. Definitions. 1. "Apprentice" means an apprentice enrolled in a state -approved apprenticeship training program. 2. "Contractor" means a person, corporation, partnership, limited liability company, or joint venture entering into a contract with the City to construct a public work. 3. "Labor hours" refers to the total number of hours worked by workers receiving an hourly wage who are directly employed on the site of the public work and who are subject to state or federal prevailing wage requirements. "Labor hours" shall also include hours worked by workers employed by subcontractors on the site of the public work, and shall include additional hours worked as a result of a contract or project adjustment or pursuant to an agreed -upon change order. 4. "Estimated cost" means the anticipated cost of a public work, as determined by the City, based upon the expected costs of materials, supplies, equipment, and labor, but excluding taxes and contingency funds. 5. "Public work" refers to all City funded construction projects that constitute a public work pursuant to RCW 39.04.010 as now or hereafter amended and estimated to cost $250,000 or more. 6. "State -approved apprenticeship training program" means an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council. 7. "Subcontractor" means a person, corporation, partnership, limited liability company, or joint venture that has contracted with the contractor to perform all or part of the work to construct a public work by a contractor. B. Apprentice utilization. Apprentices shall be utilized for the construction of public works by contractors and subcontractors in accordance with this section. City of Edmonds Purchasing Policy oaT nary P01 PMarch 2013 Packet Page 109 of 343 Page 7 of 16 1. Apprenticeship utilization program goal. For public works contracts with an estimated cost of Two Hundred Fifty Thousand Dollars ($250,000) or more, the Director of Public Works, or his designee, is authorized to require that up to fifteen percent (15%) of the contract labor hours, including contractor and subcontractor hours, be performed by apprentices. 2. Contract requirements. Contract documents for such public works construction projects shall include provisions detailing the apprentice labor requirements. 3. Monitoring. The City will include an Apprenticeship Utilization Form for contractors to complete when submitting their bid documents, which identifies the intended usage of apprentices by the contractor and any subcontractors. This document will require the identification of individual apprentices by name and Washington State apprenticeship registration number, an estimate of the total apprentice labor hours, and the identification of apprentice hours to be worked by minorities, women, persons with disabilities and disadvantaged youth. This provision is not intended and shall not be used to discriminate against any applicant for training. In addition, the City will require the submittal of an Apprenticeship Verification Form by the contractor at the conclusion of the public works project that will identify the actual work performed by apprentices for the contractor and subcontractors. 4. Failure to meet utilization goal. Failure by a contractor to comply with established apprenticeship requirements, unless otherwise adjusted or waived in writing as set forth below, shall be deemed a breach of contract for which the City shall be entitled to all remedies allowed by law under the contract. Failure to comply with the apprenticeship requirements may also be considered evidence bearing on a contractor's qualification for award of future contracts with the City. 5. Adjustment and waiver. The Director of Public Works, or his designee, may adjust or waive the requirements of this section for a specific project at any time for the following reasons: (a) The demonstrated lack of availability of apprentices in specific geographic areas; (b) A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation; (c) The reasonable and necessary requirements of the contract render apprentice utilization infeasible at the required levels; City of Edmonds Purchasing Policy jaRuary P01 PMarch 2013 Page 8 of 16 Packet Page 110 of 343 (d) In order to meet the requirement, the contractor will be forced to displace members of its workforce; (e) The participating contractor has demonstrated a good faith effort to comply with the requirements of this section; and/or Other criteria deemed appropriate that are not inconsistent with the purpose and goals of this section. Responsible Bidder Criteria A. Mandatory responsible bidder criteria. 1. The bidder responsibility criteria set forth in this section shall be used by the Public Works Department to establish the minimum requirements for all contractors and subcontractors bidding on City contracts for public work (as those terms are defined in RCW 39.04.010). The bid documents shall set forth the documentation to be submitted by bidders to demonstrate their compliance with the mandatory responsible bidder criteria. 2. To be considered a responsible bidder and qualified to be awarded a City contract for public work, the bidder must: (a) At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW (contractor registration); (b) Have a current state unified business identifier (UBI) number; (c) If applicable, have: (i) industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; (ii) a state employment security department number as required in Title 50 RCW; and (iii) a state excise tax registration number as required in Title 82 RCW; (d) Not be disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3); and (e) Until December 31, 2013, not have violated RCW 39.04.370 more than one time as determined by the State Department of Labor and Industries. 3. A bidder must verify mandatory responsibility criteria for each first tier subcontractor, and a subcontractor of any tier that hires other subcontractors must verify mandatory responsibility criteria for each of its subcontractors. Verification shall include that each City of Edmonds Purchasing Policy jaRuary P01 PMarch 2013 Packet Page 111 of 343 Page 9 of 16 subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and ECC 18.00.060 and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license, if required by chapter 70.87 RCW. This verification requirement, as well as the mandatory responsibility criteria, must be included in every public works contract and subcontract of every tier. B. Supplemental responsible bidder criteria. 1. In addition to the mandatory bidder responsibility criteria set forth in ECC 18.00.060 (A), the Public Works Department may adopt in connection with a particular project relevant supplemental bidder responsibility criteria which the bidder must meet. Those supplemental criteria, including the basis for evaluation and the deadlines for requesting modification of the supplemental bidder responsibility criteria and for appealing a determination that a low bidder is not responsible under the supplemental bidder responsibility criteria, shall be provided in the invitation to bid or bidding documents. 2. As relevant to a particular project, supplemental bidder responsibility criteria may be included to require that: (a) The bidder shall not owe delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the Department of Revenue; (b) The bidder shall not currently be debarred or suspended by the federal government; (c) The bidder shall have complied with minority and women's business enterprises, disadvantaged business enterprises, or other similar utilization requirements or goals on federally -funded public works projects with such requirements completed by the bidder within three years of the bid submittal date, unless there are extenuating circumstances acceptable to the City; (d) The bidder shall not be listed as an ineligible contractor on the federal GSA Excluded Parties List System set forth by 31 U.S.0 § 6101 and Executive Order 13496; (e) If bidding on a public works project subject to the apprenticeship utilization requirements in ECC 18.00.050, the bidder: (i) shall not have been found out of compliance with apprenticeship requirements of ECC 18.00.050 unless otherwise excepted or waived in writing by the Mayor or the Mayor's designee pursuant to that section for a one-year period immediately preceding the date of the bid submittal deadline; and (ii) shall have complied with apprenticeship utilization goals on public works projects having such requirements that were completed by the bidder within a three-year period immediately preceding the date of the bid submittal deadline, unless there are extenuating circumstances acceptable to the City; City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 112 of 343 Page 10 of 16 (f) The bidder shall not have been convicted of a crime involving bidding on a public works contract within five years from the bid submittal deadline; (g) The bidder's standard subcontract form shall include the subcontractor responsibility language required by RCW 39.06.020, and the bidder shall have an established procedure which it utilizes to validate the responsibility of each of its subcontractors. The bidder's subcontract form shall also include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub -tier subcontractors with which it contracts are also "responsible" subcontractors as defined by RCW 39.06.020; (h) The bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects during the previous three years that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City; (i) The bidder shall have successfully completed projects of a similar size and scope as required by the contract documents for the project. In evaluating whether projects were successfully completed, the City may check owner references for previous projects and evaluate the owner's assessment of bidder performance, including but not limited to quality control, safety record, timeliness of performance, use of skilled personnel, management of subcontractors, availability of and use of appropriate equipment, compliance with contract documents, and management of submittals process, change orders and close-out; (j) The bidder shall not have had any public works contract terminated for cause by a government agency during the five year period immediately preceding the bid submittal deadline for the project, unless there are extenuating circumstances acceptable to the City; (k) The bidder shall not have judgments entered by a court of law against the bidder within five years of the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, unless there are extenuating circumstances acceptable to the City; and (1) The bidder shall not have a documented pattern of prevailing wage complaints filed against it within five years of the bid submittal date that demonstrates a failure to pay workers prevailing wages, unless there are extenuating circumstances acceptable to the City. 3. Supplemental bidder responsibility criteria may include any other criteria determined by the City to be relevant to the particular project being bid, including but not limited to the ability, capacity and skill of the bidder to perform, the experience and efficiency of the bidder, the financial situation of the bidder, and the performance of the bidder on previous contracts or services. 4. In a timely manner before the bid submittal deadline, a potential bidder may request that the City modify the supplemental bidder responsibility criteria. The City must evaluate the information submitted by the potential bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the City must publish an addendum to the bidding documents identifying the modified criteria. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 113 of 343 Page 11 of 16 5. If the bidder fails to supply information requested concerning responsibility within the time and manner specified in the bid documents, the City may base its determination of responsibility upon any available information related to the supplemental criteria or may find the bidder not responsible. 6. If the City determines a bidder to be not responsible, the City must provide, in writing, the reasons for the determination. The bidder may appeal the determination within the time period specified in the bidding documents by presenting additional information to the City. The City must consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the City may not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. 7. The invitation to bid or bidding documents shall specify the times, manner and means of communications, deadlines and determinations required by this section. Small Works Roster The City of Edmonds has entered into an agreement with Municipal Research and Services Center, whereas they will maintain the Small Works Roster. Resolution 1155, passed November 5, 2007 established a small works roster process to award public works contracts, and is incorporated below. The Mayor (or designee) is authorized to proceed with procurement from the Rosters, provided funds have been budgeted by Council. Use of the Small Works Roster allows the City to preclude the advertisement requirements and sealed bidding procedures of the formal competitive process. All other bidding procedures and requirements not in conflict remain the same. The following small works roster procedures are established for use by the City pursuant to RCW 39.04.155: Cost. The City need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed Three Hundred Thousand Dollars ($300,000.00), which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the City may use the small works roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. 2. Publication. At least once a year, on behalf of the City, MRSC shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to appropriate MRSC roster or rosters at any time that they submit a written request and necessary records. The City may require master contracts to be signed that become effective when a specific award is made using a small works roster. 3. Telephone or Written Quotations. The City shall obtain telephone, written or electronic quotations (in accordance with City of Edmonds Purchasing Policies and Procedures) for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04.350(1) and any pre -establish supplementary bidder criteria under RCW 39.04.350(2). City of Edmonds Purchasing Policy oaT nary P01 PlVarch 2013 Packet Page 114 of 343 Page 12 of 16 a) A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. b) Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. "Equitably distribute" means that the City may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. If the estimated cost of the work is from one hundred fifty thousand dollars ($150,000) to three hundred thousand dollars ($300,000), and the City chooses to solicit bids from at least five, but less than all the appropriate contractors on the appropriate small works roster, the City must notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The City has the sole option of determining whether this notice to the remaining contractors is made by: (i) publishing notice in a legal newspaper in general circulation in the area where the work is to be done; (ii) mailing a notice to these contractors; or (iii) sending a notice to these contractors by facsimile or email. c) At the time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project; d) A written record shall be made by the City representative of each contractor's bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. 4. Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty-five thousand dollars ($35,000), the City may award such a contract using the limited public works process provided under RCW 39.04.155(3). For a limited public works project, the City will solicit electronic or written quotations (note: no telephone quotations permitted) from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the City may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the City shall have the right of recovery against the contractor for any payments made on the contractor's behalf. The City shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 115 of 343 Page 13 of 16 5. Determining Lowest Responsible Bidder. The contract must be awarded to the contractor submitting the lowest responsible bid, or all bids must be rejected. If all bids are rejected, the City may call for new bids. A responsible bidder shall be a registered and/or licensed contractor who meets the mandatory bidder responsibility criteria established by RCW 39.04.350 and any supplementary criteria pre -established by the City. 6. Award. For contracts of $100,000 or more, the Mayor or his designee shall present all quotations/bids and recommendation for award of the contract to the lowest responsible bidder to the City Council for approval. For public works project contracts of less than $100,000, the Mayor or his designee shall have the authority to award public works contracts. 7. Bond and Other Requirements. Vendors/contractors selected off the Small Works Roster are not relieved from observing applicable legal requirements such as Bid Bond, Performance Bond, Retainage Requirements, Prevailing Wage, Labor and Material Bonding, etc. The City may waive bid bond for any solicitation using the Small Works Roster process, and/or performance bond for any contract awarded using the limited public works process. Change Orders on Public Works Construction Contracts Approval of change orders on Public Works Construction Contracts shall be in accordance with the following requirements: 1. City Council members shall be notified by e-mail of any change order in excess of $50,000. 2. City Council approval shall be required for: a) any change order in excess of $100,000 b) any change order which puts the total of change orders on a project over the designated management reserve. c) If City Council approval is required for a change order, but circumstances require a speedier approval, the Mayor is authorized to approve the required work provided that the change order and a written statement of the special circumstances requiring speedier approval is placed on the next City Council agenda for review. Reimbursement of Expenses Travel and Meeting Expenses Travel or training requires the requesting department director's prior approval. Expenses incurred on authorized travel will be reimbursed as submitted on the required, itemized, Claim for Expenses form. Receipts must be submitted with the claim form for all expenses except meals. To qualify for reimbursement, submitted expenses must be within 30 days of incurrence, reasonable and prudent under the circumstances, and directly relate to the conduct of City business or service. Reimbursement for personal expenses is prohibited. Travel mileage by private vehicle is reimbursed at the City's established rate, which is the current IRS rate. Other Issues Interlocal Aqreements Solicitation of bids/quotations is not required when purchases of materials, supplies, or equipment are made under State standard contracts or similar contracts executed by and through other local governments. The City Council must approve an interlocal agreement with the local government or State agency after confirming that the other government or agency has complied or intends to comply with its own statutory requirements and either (i) posted the bid or solicitation notice on a web site established City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 116 of 343 Page 14 of 16 and maintained by a public agency, purchasing cooperative, or similar service provider, for purposes of posting public notice of bid or proposal solicitations, or (ii) provided an access link on the state's web portal to the notice. Neither solicitation of bids/quotations nor interlocal agreement is required when purchasing materials, supplies, or equipment from or through the United States of America or any agency thereof (RCW 39.32.070). All internal procurement approval requirements must be observed and the process must comply with state statutory requirements. Sole Source Procurement If, after conducting a good faith review of available resources, the requesting department director determines that there is only one source of the required materials, supplies, equipment or service (including public works), a purchase may be awarded without complying with established bid requirements. The requesting department will submit a written request for sole source procurement with negotiated contract price, terms, conditions and delivery for approval. The vendor must certify that the City is getting the lowest price offered as compared to similarly situated clients, terms and conditions. Department directors can approve Sole Source purchases up to $50,000, the department director and the Mayor can approve sole source purchases costing more that $50,000 but less than $100,000. Council must approve sole source purchases costing more that $100,000. Immediately after the award of any sole source purchase, the factual basis for awarding the same must be recorded and open to public inspection. Special Market Conditions The City may waive established bidding requirements if an opportunity arises to purchase favorably - priced supplies, materials or equipment unrelated to public works projects that will be sold before the City can conduct the bid process. The City may waive established bidding requirements and acquire any supplies, materials, and equipment through an auction if the items can be purchased at a competitive price. Waiver will be authorized by the Mayor (or designee). Immediately after the award of any special market conditions contract, the contract and the factual basis for awarding the same must be recorded and open to public inspection. Emergencies In case of unforeseen circumstances beyond the control of the City that present a real and immediate threat to the City's ability to properly perform essential functions, or to City property or the safety of citizens and/or staff, the Mayor (or designee) can waive bid requirements to purchase supplies, materials, equipment or services to stabilize the emergency condition. Purchases must be properly documented as an emergency as soon as possible following the event. Within two weeks of confirming the emergency existed, the City Council will adopt a resolution certifying the emergency situation existed. Record Retention Requirements All quote/bid documents must be retained as indicated in the State of Washington Retention Schedule and be available for public inspection. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 117 of 343 Page 15 of 16 State Minimum Biddina Reauirements On a case by case basis, the City Council may waive any requirement contained in the City's purchasing policies and procedures as long as the result complies with applicable state laws. Conflicts of Interest The City will not accept donations of materials or services in return for a commitment to continue or initiate a purchasing agreement. No employee will participate in a procurement when they are aware of a conflict of interest, or accept gifts or gratuities from existing or potential vendors in return for a commitment to continue or initiate a purchasing relationship. See also RCW 42.23.030 and Chapter 3.70 ECC. Forms and Templates Purchasing forms and templates may be obtained from the public directory. Recyclables Every effort will be made to use products made from recycled materials if such products are available, of acceptable quality, and generally priced the same as similar, non -recycled products (Resolution 766). Surplus Items The City may acquire property from another governmental entity on mutually agreeable terms without soliciting bids/quotations. Store -Issued Charge Cards It is sometimes necessary to use store -issued charge cards. The Department Managers will request prior approval from the Finance Director or designee before establishing account. Purchase Cards Purchase cards can be issued with the approval of the Finance Director. They are to be used solely for City -authorized business purposes. See Credit Card Policy. Quick Checks Quick checks may be issued to avoid incurring penalties, interest, or late charges. Submit requests for quick checks to the Finance Department. Quick checks will be approved by the Finance Director or designee. Departments should avoid requests for quick checks by informing vendors of invoice deadlines and payment schedules. Early Release Any checks requiring an early release must be approved by the Finance Director or designee. Departments should avoid requests for early release by informing vendors of invoice deadlines and payment schedules. Petty Cash Petty cash funds cover minor disbursements. Employees may be reimbursed from petty cash funds for authorized purchases that total less than the established, petty -cash limit. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 118 of 343 Page 16 of 16 Budget Adjustments Department directors (or designees) must ensure that purchases are initiated only when departmental appropriations are sufficient to cover the anticipated cost. Expenditures that exceed departmental appropriations require the Mayor's approval via the Budget Adjustment Request Form. Exclusive Contract Agreements The City may enter into an exclusive contract with a vendor in order to ensure the lowest prices on goods and/or services unrelated to architecture, engineering, land survey or public works requiring competitive bidding. All departments must use exclusive vendor unless special circumstances such as emergencies, vendor does not carry exact product, etc. Expenditures of Direct or Indirect Federal Financial Assistance Prior to contracting for goods or services which will be paid for with either direct or indirect Federal financial assistance, where vendors have not signed a self certification, vendors must be checked against the Excluded Parties List System to assure they have not been suspended/debarred and are prohibited from receiving federal funds (http://www.epls.gov/). Documentation of verification must be retained and available for audit. See related Grant and Intergovernmental Loan Policy. Finance Committee The Finance Committee, composed of two Council members and the Finance Director, will review and update the City of Edmonds' purchasing and accounts payable policies and procedures, as necessary. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 119 of 343 Page 17 of 16 AM-5562 11. B. City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 10 Minutes Submitted For: Phil Williams Submitted By: Phil Williams Department: Public Works Committee: Finance Tyne: Action Information Subject Title Addition of a project to the 2013 CIP, CFP, and TIP (Capital Improvement Program, Transportation Improvement Program, and Capital Facilities Plan) titled "Edmonds Gateway/SR 99 Revitalization - Phase 1" for $10,000,000. Recommendation That council set a hearing date for April 16th for the addition of a project to the 2013 CIP, CFP, and TIP (Capital Improvement Program, Transportation Improvement Program, and Capital Facilities Plan) titled "Edmonds Gateway/SR 99 Revitalization - Phase 1" for $10,000,000. Previous Council Action None Narrative Edmonds Gateway/SR 99 Revitalization Project - $10,000,000 - With the successful transformation of HWY99 within the Shoreline City limits the opportunity and precedent exists to extend similar safety, capacity, and aesthetic improvements to that portion of HWY99 within the City limits of Edmonds. While meeting these objectives it will also be possible to create a recognizable "Gateway" into Edmonds from both North and South. The project could include, among other features, wider sidewalks or new sidewalk where none exist today, newer street lighting, center medians for access control and turning movements, etc., attractive and safe crosswalks, better stormwater management, targeted utility replacements, potential undergrounding of overhead utilities, as well as landscaping and other softscape treatments to warm-up this corridor and identify the area as being in Edmonds. This project would require multiple phases. The specific improvements to be included would be developed during the design phase of the project. The State legislature is currently reviewing several potential revenue packages to support improvements and additions to both state and local transportation facilities. It is felt a project like this, built on a strong partnership with WSDOT, could be successful in meeting the objectives outlined above and also competitive in attracting funding support. Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Phil Williams Final Approval Date: 03/07/2013 Form Review Date 03/06/2013 04:41 PM 03/07/2013 12:47 PM 03/07/2013 01:14 PM Started On: 03/06/2013 03:09 PM Packet Page 120 of 343 AM-5573 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 15 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Finance Type: Information Subject Title Street Funding ( REET ) Recommendation For discussion only Information 11. C. Previous Council Action Council identified this as a topic to discuss at the Finance Committee Meeting during their Council retreat on Feb 1 and 2nd, 2013. Narrative For discussion. Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Carrie Hite Final Approval Date: 03/07/2013 Form Review Date 03/07/2013 05:00 PM 03/07/2013 05:03 PM 03/07/2013 05:10 PM Started On: 03/07/2013 04:22 PM Packet Page 121 of 343 AM-5571 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 10 Minutes Submitted For: Stephen Clifton Department: Community Services Committee: Finance Submitted By: Stephen Clifton Tyne: Action Information 11. D. Subject Title Ordinance consenting to the assignment of the Non -Exclusive Franchise granted to Metromedia pursuant to Ordinance No. 3295, to ZAYO Group. Recommendation City staff is recommending the City Council take action to approve the attached proposed assignment of the non-exclusive franchise granted to Metromedia pursunant to Ordinance No. 3295, to ZAYO Group. Previous Council Action February 1, 2000 - The City Council approved Ordinance 3295 granting a non-exclusive franchise to Metromedia Fiber Network Services, Inc. to install, operate, and maintain a multiple conduit fiber optic telecommunications system in the City of Edmonds. Narrative On January 23, 2013, the City received a letter from ZAYO Group LLC (ZAYO) requesting that the MetroMedia franchise be assigned, or a new franchise granted, to ZAYO A (Attachment 1). ZAYO is the 100% owner of AboveNet (formerly known as MetroMedia), who currently holds a valid and existing non-exclusive franchise, under City of Edmonds Ordinance 3295 �http://www.edmondswa.-aov/images/COE/Government/Ciiy_Clerk/Ordinances/2000/Ord3295.htm1) dated February 1, 2000. The franchise allows Metromedia to install, operate and maintain a multiple conduit fiber optic telecommunications system within public rights of way and to accommodate future facilities as local economic growth increases further broadband demand over time. The existing franchise expires on or about February 6, 2015. NOTE: Similar to the Astound Broadband LLC Franchise approved by the City Council on February 19, 2013, ZAYO does not intend to provide cable television or other video services but instead, telecommunications services and therefore is not requesting a cable franchise. Upon review of the applicant's request, the City Attorney's office has determined that an assignment of the AboveNet/MM franchise is appropriate and a new franchise is not required. Attached you will find a draft ordinance assigning the telecommunications franchise agreement between the City and AboveNet/Metromedia, to ZAYO. NOTE: Under RCW 35.21.870, the City is authorized to impose a utility tax of up to six (6) percent on telecommunications services ZAYO will be providing per the attached franchise agreement. Franchise Agreement Highlights: Section 2. Grants the right, privilege, and authority to utilize the Public Ways of the City for construction and operation of the Franchisee's Facilities and to acquire, construct, operate, maintain, replace, use, install, remove, repair, reconstruct, inspect, sell, lease, transfer or to otherwise utilize in any lawful manner, all necessary equipment and facilities thereto for Franchisee's Facilities, and to provide communication service to persons located within the City. Section 3. Construction permits are required prior to site -specific location and installation of any portion of its Facilities within a Public Way pursuant to ECDC Chapter 18.60. Section 8. Consistent with ECDC Chapter 18.05, all of Franchisee's facilities shall be placed underground. Packet Page 122 of 343 Section 17. Indemnification and Waiver - Franchisee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness, or death of any person or damage to property. Section 18. Insurance - The Franchisee shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the Franchisee, its agents, representatives or employees. The Franchisee shall obtain comprehensive general liability insurance, automobile insurance, and workers compensation insurance. Section 20. Construction Bond - The Franchisee shall retain a street repair or sidewalk bond written by a corporate surety acceptable to the City equal to at least 125% of the estimated cost of restoring the Public Ways of the City to the pre -construction condition required by Section 11 (Restoration after Construction) of the Franchise. Request for Assignment of Franchise Agreement Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Stephen Clifton Final Approval Date: 03/08/2013 Attachments Form Review Date 03/08/2013 09:03 AM 03/08/2013 12:10 PM 03/08/2013 12:24 PM Started On: 03/07/2013 02:07 PM Packet Page 123 of 343 Franchise Application Package prepared for the City of Edmonds, Washington on behalf of the Zayo Group, L.L.C. Prepared by PaaANP r WMOT©M©AgDo �.A..Q. 303.547.6736 // randy.whitehead@cebridge.net Edmonds Franchise Application -- Zayo Croup, L.L.C. Packet Page 124 of 343 0 Z 0 G R O U P Via Federal Express January 23, 2013 Mr. Stephen Clifton City of Edmonds 121 5th Avenue North Edmonds, WA 98020 In Re: Zayo Group, L.L.C. Telecommunications Franchise Application Dear Mr. Clifton: Zeyo Group, LLC. 400 Centennial Parkway, Suite 200 Louisville, CO 80027 303.854.5000 Pursuant to our prior correspondence and communications, enclosed herewith is our formal request and application for a telecommunications franchise with the City of Edmonds, by way of assignment of our existing AboveNet/Metromedia franchise, or grant of a new franchise, either of which to authorize both companies' existing facilities to occupy Edmonds public rights of way and to accommodate future facilities as local economic growth increases further broadband demand over time. Additionally enclosed, is our check number 24226 in the amount of $ 5,000.00 for the application fee. Once you have had the opportunity to review the enclosed documentation, please feel free to contact me at any time that is convenient for your schedule, to discuss our proposed project, should you have any questions or concerns. I can be reached directly at 303.547.6736, or by way of e-mail at randy.whitehead@cebridge.net. 1 look forward to hearing from you, and appreciate the assistance you have provided in moving our request forward. Sincerely, Randy Whitehead, Senior Franchise Consultant Zayo Group, L.L.C. Enclosures cc: Michael Bradley, City Attorney Dylan Devito, Zayo Group, L.L.C. R:: f�fl li:, E�.`.. "`t._!i'¢t',"Vati; rd• <' :�!�}i lt.; _':{!P.ii= <_.t1yo p, Packet Page 125 of 343 Requested Information Presented in Order of Instructions Provided Specific Applicant and Project information is set forth below, pursuant to Michael Bradley's correspondence dated January 11, 2013. AM - Nature of Request Zayo Group, L.L.C. (the "Applicant") requests from the City of Edmonds (the "City"), a franchise agreement/ordinance authorizing the Applicant to install, maintain and operate a telecommunications system within the public rights of way of the City. The Applicant does not provide cable television or other video services and is not requesting a cable franchise. The Applicant is the 100% owner of AboveNet (formerly known as MetroMedia), who currently holds a valid and existing franchise, under Edmonds Ordinance 3295, dated February 1, 2000, and Applicant requests that this franchise be assigned to the Applicant, or otherwise a new franchise granted to the Applicant to authorize both the Applicant's planned development in the City as well as the existing telecommunications plant of AboveNet/MM that are already authorized by the AboveNet/MM franchise. The AboveNet/MM franchise will expire on or about January 31, 2015, as such, Applicant requests that the term of the assigned franchise or a new franchise, be extended to an additional 3, 5 year terms of automatic renewal, consistent with the original terms of the AboveNet/MM franchise and consistent with fair, equitable and reasonable access afforded all telecommunications providers, as required by the `96 Act. BMW - Applicant / Proposed Franchisee The Applicant hereunder is: Zayo Group, L.L.C. 400 Centennial Parkway Suite 200 Louisville, CO 80027 Domicile — Delaware Secretary of State File Number - Federal Employer Identification Number — Washington Uniform Business Number — Washington Public Utilities and Transportation Commission Registration Number — Delaware Limited Liability Company 4346984 26-139829 603-079-352 UT-110349 Packet Page 126 of 343 130)(b) - Authorized Persons / Contact The Applicant's Authorized Agent, Official Representative, and Primary Contact to process this application and.provide subsequent and ongoing representation, is as follows. All correspondence and communications regarding this package should be directed to: Randy Whitehead, Senior Franchise and Right of Way Consultant randy.whitehead@cebridge.net Office: 405.241.4040 Direct/Cell: 303.547.6736 Mail: Randy Whitehead, L.L.C. Attn. Zayo Pacific Northwest Projects P.O. Box 311, Lexington, OK 73051 Additional individuals authorized to represent the Applicant before City staff are as follow: Dylan DeVito, Director of Infrastructure Development & Associate General Counsel 2233 N.W. 581h Street, Seattle, WA 98107 dylan.devito@_zayo.com 1/ 303.414.1721 Tim Sypowicz, Project Manager, Lead OSP Manager for Washington and Oregon 3904 52"d Street, N.W., Gig Harbor, WA 98335 tim.sypowicz@zayo.com // 702.755.1143 -- ZaY,-) � �" ca.t"!P,IL, _.,L.G. Packet Page 127 of 343 'T I B(2)(a) - Business Structure The Applicant is a domestic Delaware limited liability company, duly qualified to transact business in the state of Washington as a foreign limited liability company. Please refer to the attached Exhibit A, for copies of Certificates of Good Standing from each of the state's respective Secretaries of State. Separately, the Applicant's senior management structure is set forth in Exhibit B. The Applicant is controlled and owned by Zayo Group Holdings, Inc., a domestic Delaware corporation, and Zayo Group Holdings, Inc. is controlled and owned by Communications Infrastructure Investments, L.L.C., a domestic Delaware limited liability company. Please refer to the attached Exhibit A, for copies of Certificates of Good Standing or their equivalents from the Delaware Secretary of State of each of these entities. All parent, subsidiary and affiliated businesses are listed and set forth in the company organizational chart attached hereto as Exhibit C. Eklmond's F!'E?kl€v'Ipame ZOYO CUrMU , LL.C. Packet Page 128 of 343 5 B(3) — Experience Occupying Public Rights of Way / Providing Communications The Applicant is a global provider of dark and lit fiber, IP services, and carrier -neutral coloration and interconnection. The Zayo network serves 208 markets in seven countries and 45 states, in addition to Washington D.C. Zayo's 65,000 route miles of optical fiber, the majority of which lie within public rights of way, connects metro locations in and between one of the industry's largest footprints of Tier 1-5 cities. Zayo's bandwidth infrastructure services are used by wireless and wireline carriers, media and content companies, governments, and high -bandwidth enterprises, like healthcare, education, financial services, logistics, technology, and numerous other industries. Zayo has approximately 9,900 buildings and 2,250 cell towers directly connected to its network and has over 200,000 square feet of equipment coloration space. B 4 — Mana ement and Corporate Structure The Applicant was founded in 2007 by Dan Caruso and John Scarano, both with extensive telecom careers, having among other things originally founded industry leader Level (3) Communications over a decade ago. Zayo has subsequently raised in excess of $ 350 Million in equity and has acquired and consolidated 17 separate communications companies and/or asset groups, including Adesta, AFS, certain CenturyTel markets, OnVoy, AboveNet, FiberLink, and 360networks, to name a few. The average industry tenure of Zayo's upper and mid -level managerial personnel is about 20 years. Please refer to the attached Exhibit B, for the requested Management Structure Organizational Chart. Please refer to the attached Exhibit C, for the requested Corporation Structure Organizational Chart. B 5 — Management Agreements There are no management agreements or agreements of any kind between the Applicant and any of the Applicant's affiliates related to the construction and operation of the Applicant's planned system in the City. C(1) — Legal Qualifications Please refer to the attached Exhibit D, for a copy of the Applicant's Certificate of Public Convenience and Necessity issued to the Applicant by the Washington Public Utilities and r dmoncls Franchise Application -- Zayo Group, L.L.C. Packet Page 129 of 343 Transportation Commission authorizing it to do business in the State of Washington as a communications company. C(2) — Employment Law Statements The Applicant is an Equal Opportunity Employer and has and will comply with all Equal Opportunity Employer and Affirmative Action Laws. C_(3) — Franchise Violations The Applicant nor any of its affiliates have ever been found in violation of any franchise ordinance or agreement, contract or regulation governing a communications system by any regulatory authority in any jurisdiction. C(4) — Other Violations The Applicant nor any of its affiliates, have ever been found in violation of any franchise, ordinance, agreement, permit, contract or regulation by a regulatory authority of any other type, e.g., public utility commission. DO)- Financial and Technical Qualifications The Applicant is among the top four wholesale telecommunications providers in the United States, and has grown both organically as well as by accretive growth by acquiring other companies and assets. As of December 31, 2011, Applicant's second fiscal quarter end reported annualized revenues of $ 355.9 Million. Its net earnings for the aforementioned second fiscal quarter were $ 1.1 Million. Its second fiscal quarter revenue was $ 89 Million and was a 54% annualized sequential quarter growth rate. Applicant is well capitalized and positioned to continue both its organic and accretive network business development and growth throughout the foreseeable future. The Applicant and its acquired predecessors have been operating advanced communications networks for approximately 20 years, and most of the well-known telecommunications companies that provide service to the general public have relied on the Applicant's network for the provision of these services. Its primary customers are other telecommunications companies, large enterprise class companies, i.e. Fortune 1000 companies, large government agencies and other large to mid -size organizations that require mission critical communications and data services. Edninr+r!�; A.f)pEEcatlon -- ZayoGr,� - . i r' Packet Page 130 of 343 Further, such qualifications have previously been evaluated and are monitored by the Washington Utilities and Transportation Commission, as the Applicant is a holder in good standing of a Certificate of Public Convenience and Necessity. Additional information regarding this topic, including capitalization and investor funding can be found on the Applicant's web site at www.zayo.com. E(1)- Planned Services and Operations The project is a component of a much larger project which includes the development of multiple metro wide network rings that will span areas ranging from Mountlake Terrace on the north to well south of Tacoma on the south. The project will ensure that the Pudget Sound area will remain at the forefront of communications technology and continue to be one of the most technically advanced areas in North America for the next century. Services to be made available, initially are for wholesale wireless backhaul, and longhaul pass - through transport. Applicant provides various products and services including but not limited to dark fiber, Ethernet, IP, colocation, mobile infrastructure and custom communications solutions, all of which are available upon request from, and consultation with, existing and prospective customers. The Applicant does not provide retail communication services directly to end user consumers, but instead provides wholesale services to existing retail telephone companies that enable them to offer end user services. It does not develop or expand its network on a speculative basis but instead expands it based on firm customer orders. This ensures that any traffic disruptions and pavement cuts are kept to a minimum. The Applicant's current construction plans are to provide cellular backhaul services to two existing cellular facilities operated by other retail telecommunications providers that provide service to area citizens within the City and surrounding areas. This backhaul expansion is necessary to accommodate the exponential growth in wireless broadband communications, and failure to meet this demand on a timely basis will result in widespread network outages which will impact not only casual communications, but public essential and first responder communications. As such, we ask for an expedited review and approval of our request in order to meet construction deadlines. This initial backhaul project consists of two locations within the City, as delineated on the following maps. The Initial Project Location 1, would encroach on a short distance of 2201h Street S.W. and Highway 99. The Initial Project Location 2, would encroach on a short distance of 228th Street S.W. and Highway 99. Service is already available via these cellular facilities; however, due to bandwidth constraints, additional backhaul capacity is necessary, hence this planned project to facilitate the bandwidth expansion. Future, potential customers in the City who would like to connect to Applicant's network, for the provisioning of any of our available communication services could connect at various existing Edmonds Franchise Application — Zayo Group, 0 - Packet Page 131 of 343 and planned splice handholes, manholes, splice pedestals and other similar components of our outside plant in the area. With firm orders, laterals would then be constructed to the new customer premises to connect them, pursuant to newly applied for permits with the City to be issued in accordance with the provisions of the franchise. Such future connectivity projects are based on extensive engineering review and analysis to ensure both technical and economic feasibility. Underground installations are performed by directional drilling under all existing paved roads in order to preserve their current conditions. Aerial installations are attached to existing utility poles by way of a bucket truck and pursuant to a separate pole attachment agreement with the respective owner of the utility poles. Initial Project — Location 1 115th St SW St SW a �h 216th St SW d. 216th St SW Hu. Ni:�l Cellular Facility rr�O r Fiber Optic P City of Edmonds Telecom Cable 5- it SLY 2 Running Line Project Segment City of 219t1t within Edmonds Mountlake Terrace City Limits P:IELOUY HILL 220[h St SW Esperance C� 4 Fiber Optic Telecom Cable 222nd St SW City city Running Line a 222nd St SW s Boundary Boundary > !L < a "> r s_ 224th St SIN 4 l = Fiber Optic Cable Alignment = Municipal Jurisdictional Boundaries This initial segment will encroach on 220th Street S.W. and Highway 99. This map is for franchise application purposes only and is subject to change pursuant to consultations with, and requirements of, Edmonds City personnel. Subsequent to such required changes, if any, detailed engineering and construction drawings submitted to the City with a permit application, as required by the franchise, shall supersede this map. Edmonds Franchise Applicatim Packet Page 132 of 343 a 226th St SW Q8th St SW Initial Project — Location 2 c Paik N ro 224th St SW 224th St SW 3 n Q n 2261h St SW Project Segment within Edmonds City of Edmonds City Limits � '' 3 s 231st St SW 232nd PI SW r 2281h St SW Esperance 230111 St SW 2300h St SW I 1 r s� > e m Q 233rd PI SW :2 L\vE BALLINGER > Ballinger Lake Golf Course 23411 St SW a 234th PI SW }} c L 17 it = Fiber Optic Cable Alignment = Municipal Jurisdictional Boundaries > s I V O Q � 2261h PI SW Mountlake Terrace This initial segment will encroach on 228th Street S.W. and Highway 99. 228th St SW <301h St SW 232, vd i J Q r E This map is for franchise application purposes only and is subject to change pursuant to consultations with, and requirements of, Edmonds City personnel. Subsequent to such required changes, if any, detailed engineering and construction drawings submitted to the City with a permit application, as required by the franchise, shall supersede this map. 10 Packet Page 133 of 343 E(2)- Planned Construction Schedule The planned construction schedule is contingent upon, and subject to, the time required to evaluate and approve this Application, consultation and discussion with City engineering and public works personnel, and issuance of separate construction permits that are required by the franchise, in addition to any necessary approvals from overlapping jurisdictions, i.e., Washington Department of Transportation, and adjacent jurisdictions. Due these matters, any schedule we provide at this time will likely have to be revised several times; however, a firm schedule will be provided at the time the construction permit is applied for, subsequent to the review and approval of this Application. It is the Applicant's intent to commence this project immediately upon approval of the final required authorization, which is presumed to be the Edmonds construction permit to be issued by the City. The duration of the entire project should be less than one week; weather or other acts of God permitting. The Applicant is in the process of acquiring all other necessary permits and licenses for the development of this project, as well as entering into pole attachment agreements with utility pole owners where plans call for aerial installation. These application, approval and entitlements processing are simultaneously underway throughout numerous jurisdictions in the Pudget Sound area. E 3 - Safety and Convenience of Persons and Property The Applicant undertakes all of its projects utilizing industry best practices, compliance with applicable construction, electric and similar codes promulgated by the respective industry organizations, and complies with all regulatory and legal requirements imposed by governmental bodies having jurisdiction, including pre, interim, and post project inspections to ensure the safety, functioning and appearance of property and safety of all persons and that all property and persons will not be adversely impacted by any given project. The Applicant complies with the local jurisdictions traffic management regulations when working in and near the public right of way, or absent such local requirements, will instead rely on and follow the regulations in the Washington Department of Transportation Manual on Uniform Traffic Control Devices. T ; State ,�,�m DFBV The Applicant and its contractors are also members of and participants in the Washington 811 Underground Utilities Notification Program. Prior to commencement of the project, all underground utilities are marked to ensure no encroachment or damage will be done to any type of underground utility lines or other obstacles. Where necessary, and so authorized by the local agency having jurisdiction, the Applicant and its contractors, will pothole certain Edmonds franchise Application Zayo GrOLIp, L_L.0 Packet Page 134 of 343 1i locations to ensure further safety when excavating or passing near existing utilities with the directional bore stem. Any damages, such as pavement cuts, or excavation in lawn areas, are repaired and restored by the Applicant and its contractors as a matter of best management practices, to their original pre -construction condition, and pursuant to the respective permit, easement, or other agreement authorizing such excavation or similar activities on a given tract of land or public right of way. Any accidental damages that may be caused outside an authorized tract of land or public right of way, are immediately addressed by the Applicant and its contractors and will be repaired to the satisfaction of the property owner or governmental agency having jurisdiction, under the direction of the Applicant, or the Applicant will reimburse an owner or agency accordingly upon a mutually equitable agreement for such repair and restoration. Such accidental damages however, are generally rare for the Applicant due to its stringent quality control, environmental protection, and industry renowned safety requirements and policies imposed upon its selected contractors. Further, the Applicant and its contractors are adequately covered by numerous types of insurance and are bondable and will cause bonds or other forms of surety to be issued by their underwriters when required, in order to ensure both the completion of the entire project and to ensure any and all damages are adequately remediated. With regard to the allocation of costs of installation, construction, operation or removal of the Applicant's facilities between the Applicant and its customers, the Applicant bears all such costs unless specifically agreed to otherwise between the Applicant and its customer. Such costs and matters are negotiated between the Applicant and its customers on a case by case basis. Typically, the Applicant will own any and all outside plant from the Applicant's existing facilities all the way to a negotiated demarcation point at the customer premises, where, past this point of demarcation or point of entry, typically on the customer's property, the customer owns its own plant on its own property. In many, if not most cases where the customer owns its own plant on its property, the customer usually opts for the Applicant to operate and maintain its plant by way of a separate maintenance agreement. A typical demarcation point maybe a handhole or manhole just inside the customer property line, or at or near the exterior wall face of its building, or terminated on a patch panel, router or other device inside a communications room inside the building, or any other place which accommodates the customers' needs and is technically, environmentally and economically feasible. With regard to ongoing operations of the network, in the event of any routine or emergency maintenance matters, such as a backhoe cutting through a cable, the Applicant's network is designed to automatically notify its 24/7 Network Operations Center upon network failure. Such notification provides the NOC with the exact location of the failure and the nature of the failure. The NOC will then communicate and coordinate efforts with local authorities, as necessary. Local field engineers and technicians will be dispatched to travel to the point of failure to undertake repairs. Generally, on -call field personnel are located throughout the network's footprint and can arrive on -site within minutes in a metro area, to no more than four hours in a very rural and unpopulated area. In any event, the NOC ensures continuous communications in Edm- - -, . '_ ,........ '^.: )pllcaiiion -- Zayo Groups, L.L.C. Packet Page 135 of 343 the event of a failure by automatically rerouting all communications traffic along redundant and alternate lines thus ensuring maximum 99.9999% uptime. F(1) - Certification The Certification required under this Article is set forth below with my notarized signature. GO) — Public Records Law The Applicant recognizes that information submitted to the City is open to public inspection and subject to the Washington Public Records Law, pursuant to RCW 42.56 et. seq. The Applicant hereby agrees to defend and hold harmless the City of Edmonds and its staff from any Applicant claim for disclosure, including but not limited to expenses including out of pocket costs and attorneys' fees, as well as any judgment entered against the City of Edmonds or its staff for the attorney fees of the party requesting disclosure. 6 +`anchss e , ppli€ at.ion ayc) Group, L.L.G. J 13 Packet Page 136 of 343 Application — Certification from F 1 above I, Randy Whitehead, by my signature below, being an authorized Agent and Representative of the Applicant, for the purposes of carrying out franchise authorizations and other entitlement authorizations, hereby declare and certify, on behalf of the Applicant as well as myself, that the information and documentation presented in this Application and its Exhibits and any supplemental information and documentation provided herewith or separately, are all true, factual and accurate, in all material respects, to the best of my knowledge and belief, and certify that the Application meets all requirements of applicable law. I further certify that I have been an Agent of, and consultant to, the Applicant and its predecessor(s) for the purposes of carrying out the aforementioned authorizations and entitlements, inter alia, for approximately 14 years and am intimately familiar the Applicant, its assets, operations and personnel, and am duly qualified to make this declaration and certification and to carry out all requirements and obligations necessary to acquire and secure the authorization requested in this Application. Respectfully Submitted by: Randy Whitehead, Authorized Representative and Agent of Applicant 11'Gt4�li Applicant's Authorized Representative Date Official Position: Authorized Representative and Agent of Applicant STATE OF OKLAHOMA ) ss. COUNTY OF CLEVELAND ) ThisAlstrument was acknowledged before me byas of Notary Public ' $ Rj: 1Rpossts A W221 My Commission Expires: OAv.Vl1y My Commission Number:4l Titl and Rank Packet Page 137 of 343 Exhibit A Certificates of Good Standing or Equivalents Please refer to the copies of these certificates on the following pages. Applicant: A —1: Zayo Group, L.L.C. — Washington Foreign A — 2: Zayo Group, L.L.C. — Delaware Domestic Applicant's Vertical Parent Entities: A — 3: Zayo Group Holdings, Inc. — Delaware Domestic A — 4: Communications Infrastructure Investments, L.L.C. — Delaware Domestic Edmonds Franchise Application -- Zayo Group, L.L.C. 15 Packet Page 138 of 343 A-1 Zayo Group, L.L.C. (Washington) Arr:Yel•A;FAA" Qe Mate of ti �tl t f�i�� Btu t!vvnAnry rol Ftob- 1,S .NI REED.'nm ssrSue ofO Slale efN'mbingsws—I cuxadisn ofie seal t—e —his CERTIFICATE OF EXISTFNMAUTHORIZATIOY OF ZAYO GROUP, 1.1-C 1 FURTRER CERTIFY 11 Ik —oe 1mJosoRic�shn Ihsl Je d,nsc namM ,' JLabJJs Com " fom:ad, J,c Iaxsof J,c Shr of ULaoc Nas lssnsd: Crnifia.fc 0f Rcgissrasiae m N'a9ve"— 1182011 1 FIIRTIIF.k CERTIFY Jm as oflhe dxeof:his.mif /AY0 GR01Y, 1 I C,nwm ayx<�d h srm1,bM xiJ, the flag mryoe,m:b w A6.ffl— hale S.J—w. 28.1011 IIBL.3.1 .352 4n.n u.1v n,� NM a,J,k S-J ••f:tr !�. .l N',M,npl.n n l thmry.:K Sur CapnJ fail Source: Washington Secretary of State Current status can be ascertained at any time by visiting the Washington Secretary of State's Web Site at: hftp://www.sos.wa.gov/corps/corps—search.aspx Edmonds Franchise Application -- Zayo Group, L.L.C. Packet Page 139 of 343 16 A -2 Zayo Group, L.L.C. (Delaware) DeCaware race 11he first State r, uerznez x BDZLoce, seateraBY Gr ware or rIB] srwre Dr DSL DO IiHBBBv CPJtrIPT 'ZaTD Gf1ODP, IJ rs DDLY -D uBprla rBc rww5 9I rxa StATe at sueurraaut axa rs rx D�.+�D —"WHO axD xqs a Le^_• SXisrar]Ce So Faa as TBe ItecoBDs Or rFrs Onsce dAOM, as Ol rxH nRSr DwY OP xovsDlIIt, w D. 2O12. I3�69B� 83OO �? J,�4 aYr � 9➢dT'lpiP] r Source: Delaware Secretary of State Current status can be ascertained at any time by visiting the Delaware Secretary of State's Web Site at: hftps:Hdelecorp.delaware.gov/tin/GiNameSearch.jsp Edmonds Franchise Application Packet Page 140 of 343 -- Zayo Group, L.L.C. A-3 Zayo Group Holdings, Inc. (Delaware) Department of State: Division of Corporations HOME Frequently A5keAQl10&lions View Search Results SfLg1ma ory f Charges L000ut About Agency Secrelarys Letter Entity Details Newsroom —- --- Frequent In.QorpQra Qn 11/13/2007 Questions File Numbec "56698 Dale !For i n (mrNddlyyyy) Related Links Dale: Contact Us Office Location EDM Name: ZAYO GROUP HOLDINGS, INC. SERVICES Pay Taxes Entity Kind CORPORATION En* T= GENERAL File UCC's Delaware Laws R�steux DOMESTIC Slate: DE Online Name Reservation $tatLt� GOOD Status Date 11/13/2007 Entity Search STANDING Status Validate C Certificate REG��G, NT ►NFORMATION Customer Service Survey Name: THE CORPORATION TRUST COMPANY INFORMATION Corporate Forms Address: CORPORATION TRUST CENTER 1209 ORANGE ST Corporate Fees UCC Forms and City: WILMINGTON County: NEW CASTLE Fees Taxes State: DE Postal Code: 19801 Expected Services Phone: (302)658-7581 Service of Process Additional Information Is available for a fee of S20.00. This Information will include Registered Agents Current Get Corporate status franchise tax assessment, current filing history and more. - Submitting a Would you like Tax & History Information Submil Request How to Form a New Business Entity Cerfrficabons. Back to Entity Search Apostilles & Awhemicabon of Documents To contact a Delaware Online Agent Slick here. site map I about this site I contact us I translate I delaware-gov hle.r'ErR�JxpySo_refa�yd SeWuOE 0d—Gnoa SwMl.I P� Zap Gw. Hddgs. 1z 1-16-207311er Source: Delaware Secretary of State 112 Current status can be ascertained at any time by visiting the Delaware Secretary of State's Web Site at- hftps:Hdelecorp.delaware.gov/tin/GiNameSearch.jsp Packet Page 141 of 343 A-4 Communications Infrastructure Investments, L.L.C. (Delaware) Department of State: Division of Corporations HOME Frequently Asked Questions View Search Results aurrtQgpLQf h r Loogul Abou Agency Secrelarys Letter Entity Details Newsroom - Frequent IncorpQWIion 05/2112007 Questions File Number 4355861 Dale !Formation (mNddlyyyy) Related Lints Dale: Corxacl Us Office Location Eby Name: COMMUNICATIONS INFRASTRUCTURE INVESTMENTS, LLC SERVICES Pay Taxes LIMITED File UCC's LIABILITY Delaware Laws EntityKind, COMPANY Entity Typ : GENERAL Online (LLC) Name Reservabon EntityScamh Residency: DOMESTIC Slate: DE Slabs Validate GOOD Certificate Status: STANDING Status Dale: 02/03/2009 Customer Service suvey INFORMATION REGISTERED AGENT INFORMATION Corporate Forms Corporate Fees Name: THE CORPORATION TRUST COMPANY LICC Forms and Fees Address: CORPORATION TRUST CENTER 1209 ORANGE ST Taxes Expedited City: WILMINGTON County: NEW CASTLE SerNces Senice of State: DE Postal Code: 19801 Process Registered Agents Phone' (302)658-7581 Get Corporate Status Submitting a Additional Information is available for a fee of $20,00. This information will include Request Howlo current Form a New tranchmse tax assessment, current filing history and more. Business Entity Certifications. Would you like Tax & History Information Submil Apostites 8 Authentication of Documents Back to Entity Search To contact a Delaware Online Agent GIIGL4M. rqo �p da—gw. de Source: Delaware Secretary of State Current status can be ascertained at any time by visiting the Delaware Secretary of State's Web Site at: hftps://delecorp.delaware.gov/tin/GiNameSearch.jsp Edmonds Franchise Application -- Zayc GrIOLlp, L,L.C. Packet Page 142 of 343 Exhibit B Management Organizational Chart Management XqY0 Dan Caruso President& Chief Executive Officer Ken desGarennes, Chief Finandal Officer Marty Snella, Chief Technology Officer / Chief Information Officer Scott Beer, General Counsel David Howsonr President, Sales & Customer Management Glenn Russo, Executive Vice President, Corporate Strategy & Development Additional information about the Applicant's Leadership Team and Management can be found by visiting the following web page: http://www.zayo.com/leadership-team Source: Internal — Human Resources Department Packet Page 143 of 343 Exhibit C Corporate Organizational Chart Enterprise Structure w'r� �b��•� uy6pM avr� .� �W_�r. rW Source: Internal — Law Department j 21 Packet Page 144 of 343 Exhibit D Copy of Applicant's Certificate of Public Convenience and Necessity issued by the Washington Public Utilities and Transportation Commission Source: Washington Utilities and Transportation Commission - Internal File Copy — Law Department di'it'sg`€wad h Cc-,,nc s Applicab n -- ' :, y, ' g" )p t i._, -C- 1 2.2 Packet Page 145 of 343 The foregoing, and its following exhibits, and any supplemental information provided, are all intended to be the Applicant's Franchise Application to the City of Edmonds. If I have overlooked addressing anything or providing any information or documentation requested or is otherwise mandatory, please let me know and I will remedy such oversight as quickly as possible. Thank you for taking the time to review this Application package. If you have any questions or concerns or would like to discuss this package and the project further, please contact: Randy Whitehead, Senior Franchise Consultant randy.whitehead@cebridge.net Office: 405.241.4040 Direct/Cell: 303.547.6736 Randy Whitehead, L.L.C. Attn. Zayo Pacific NW Projects P.O. Box 311 Lexington, OK 73051 RANl =1 1f W!I OT(M11-p(MAPO 6AS=A=A 303.547.6736 H randy.whitehead@cebridge.net Packet Page 146 of 343 AM-5570 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 10 Minutes Submitted For: Ronald Cone Department: Finance Committee: Finance Subject Title January 2013 Monthly Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative Submitted By: Sarah Mager Tyne: Information Attachments January 2013 Monthly Financial Report Form Review Inbox Reviewed By Finance Ronald Cone City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Sarah Mager Final Approval Date: 03/07/2013 Information Date 03/07/2013 11:48 AM 03/07/2013 11:53 AM 03/07/2013 05:03 PM 03/07/2013 05:10 PM Started On: 03/07/2013 11:16 AM 11. E. Packet Page 147 of 343 E �� of 0 JAN UARY 2013 MONTHLY FINANCIAL REPORT Ins. 1$90 General Fund activity year-to-date brought a deficit of $2.5 million to fund balances. Several specific revenue line items are tracking ahead of budget so far through January. These include Natural Gas Tax (11% of budget), Electric Utility Tax (10% of budget), Gas Utility Tax (12% of budget), Pull Tabs Tax (16% of budget), Amusements (52% of budget), Franchise Fees (average of 28% of budget), General Business License (55% of budget), Non -Resident Business License (44% of budget), Animal Licenses (19% of budget), and Real Estate Excise Tax (11 % of budget). At the end of January, 8% of the year had expired. Overall, General Fund expenditures are on track with 12% of budget spent to date. Salaries and Wages for all departments are at 8% of budget, and Overtime is at 6% of budget. No departments are over budget. The variance of 4% is due to the 1st quarter Fire District #1 payment made in January 2013. General Fund 14 12 $11.n7 10 o 8 ❑ General 6 c — Fund 4 2 Dec 2012 Jan 2013 1 CHANGE IN FUND BALANCES GENERAL FUND BALANCES FUND ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2012 1 /31 /2013 2/28/2013 Q1 YTD 001-General Fund $ 4,829,369 $ 2,312,440 $ - $ - $ (2,516,929) 009-Leoff-Medical Ins. Reserve 387,319 361,196 - - (26,123) 011-Risk Management Fund 244,000 244,000 - - - 012 -Contingency Reserve Fund 5,283,425 5,283,425 - - - 01 4-Historic Preservation Gift Fund 1,064 1,352 - - 288 013-Multimodal Transportation FD 55,859 55,859 - - - 016-Building Maintenance 213,999 213,506 - - (493) Total General Fund $ 11,015,035 $ 8,471,778 $ - $ - $ (2,543,257) Packet Page 148 of 343 JAN UARY 2013 DASHBOARD YEAR TO DATE TREND COMPARED TO PROJECTIONS REFERENCE GENERAL FUND REVENUES General Fund Revenue Neutral 11110, 25.68% Page 9 Sales & Use Tax Revenue Positive 4.34% Page 10 Gas Utility Tax Revenue V Negatived -15.71% Page 10 Telephone Utility Tax Revenue Positive 40.82% Page 11 Electric Utility Tax Revenue Neutral 0.87% Page 11 EXPENDITURES General Fund Expenditures Page 12 NON -GENERAL FUND REVENUES Real Estate Excise Tax Positive 24.77% Page 9 Key to revenue trend indicators: Positive =Positve variance of> 2% compared to projections. 44 Neutral 110, =Variance of -1 % to +2% compared to projections. Warning =Negative variance of-1% to 4% compared to projections. TNegativeT =Negative variance of >-4% compared to projections. 2 Packet Page 149 of 343 GOVERNMENTAL FUNDS OVERVIEW Combined governmental fund activity through January brought a deficit of $2.4 million to fund balances. The General Fund was responsible for a deficit of $2.5 million, the special revenue funds for an increase of $141,233, and the remaining was due to an increase of $2,956 in the debt service funds. Governmental Fund Balances -By Fund Group Governmental Fund Balances - Combined 14 18 12 $14.56 $11.02 10 $12.16 12 General c 8 $8.47 Fund ° ° o (Special 6 Revenue Debt 6 4 - -7 $3 67 Service 2 $0.01 $0.01 Dec2012 Jan 2013 Dec2012 Jan 2013 3 CHANGE IN FUND FUND BALANCES BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 1 /31 /2013 2/28/2013 Q1 YTD General Fund $ 11,015,035 $ 8,471,778 $ - $ - $ (2,543,257) Special Revenue 3,530,072 3,671,304 - - 141,233 Debt Service 11,014 13,971 - - 2,956 Governmental Funds $ 14,556,121 $ 12,157,053 $ - $ - $ (2,399,068) Packet Page 150 of 343 SPECIAL REVENUE FUNDS OVERVIEW Activity in all special revenue funds year-to-date brought an increase of $141,233. The graph below shows the total fund balances for all nineteen special revenue funds as of December 2012, and the current ending balance as of January 2013. Special Revenue Funds 5 4 $3.53 $3.67 3 o Specia I 2 Revenue 1 Dec 2012 Jan 2013 4 FUND BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- Special Revenue Packet Page 151 of 343 ENTERPRISE FUNDS OVERVIEW Utility Fund Activity through January brought an increase of $730,012 in the Enterprise Funds. 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000 Enterprise Funds- Fund Balances — 43,942,247 ZJ5592 Dec 2012 421- Water Utility Fund 44,227,513 422 - Storm Utility Fund 423 - Sewer/WWTP Utility Fund -� 12,670,274 7,649,140 Jan 2013 FUND BALANCES CHANGE IN FUND ENTERPRISE ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 1 /31 /2013 2/28/2013 Q1 YTD 421 - Water Utility Fund $ 12,322,592 $ 12,670,274 $ - $ - $ 347,682 422 - Storm Utility Fund 7,552,075 7,649,140 - - 97,065 423 - Sewer/WWTP Utility Fund 43,942,247 44,227,513 - - 285,266 Enterprise Funds $ 63,816,914 $ 64,546,926 $ - $ - $ 730,012 $47, 800,000 $37,800,000 $27, 800,000 $17, 800,000 $7,800,000 $(2,200,000) Enterprise Fund Balances as of January 31, 2013 /,b49,14U Water Utility Fund Storm Utility Fund Sewer/WWTP Utility Fund Packet Page 152 of 343 5 SUMMARY OVERVIEW At the end of January, 8% of the year had expired. Year-to-date activity brought a deficit of $1.8 million to the City -Wide fund balances, bringing the total to $83 million. Of the year-to-date deficit, a $2.4 million deficit was generated by governmental funds, an increase of $730,012 was generated by Enterprise (Utility) Funds, a deficit of $95,403 was generated by Internal Service Funds, and a deficit of $28,254 was generated by the Pension Trust Fund. CHANGE IN FUND FUND BALANCES BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2012 1 /31 /2013 2/28/2013 Q1 YTD Governmental Funds $ 14,556,121 $ 12,157,053 $ - $ - $ (2,399,068) Enterprise Funds 63,816,914 64,546,926 - - 730,012 Internal Services Fund 6,463,723 6,368,320 - - (95,403) Pension Trust Fund 216,693 188,438 - - (28,254) City-wide Total j $ 85,053,451 $ 83,260,738 $ j $ - $ (1,792,713) Governmental Fund Balances as of January 31, 2013 Limited Tax G.O. Bond Fund $681 L.I.D. Guaranty Fund $22,234 Sister City Commission $8,718 Cemetery Maintenance Trust Fund $818 809 Parks Trust Fund $149,873 Parks Construction Fund $6 6,352 Cemetery Maintenance/Improvement $54,025 Special Projects Fund ($139,809) Gifts Catalog Fund $216,38 Real Estate Excise Tax 1, Parks Acq $377 98 Real Estate Excise Tax 2 $1,060,349 Tourism Promotional Fund/Arts $64,452 Youth Scholarship Fund $15,506 Employee Parking Permit Fund $74,992 Hotel/Motel Tax Revenue Fund $110,259 Memodal Street Fund $17,669 Municipal Arts Acquis. Fund 1 $419, 42 Combined Street Const/Improve ($457,789) Street Fund 1 $61,009 Drug Enforcement Fund $133,364 General Fund 8,471,778 $1 $2,000,000 Q Packet Page 153 of 343 INTERNAL SERVICE FUNDS OVERVIEW Internal Service Fund activity through January brought a deficit of $95,403. We began the year with a fund balance of $6.5 million and currently at the end of January; we see an ending fund balance of $6.4 million. Internal Service Fund Balances 7 6.46 $6.37 6 5 4 3 2 1 Dec 2012 Jan 2013 7 FUND BALANCES CHANGE IN FUND BALANCES INTERNAL SERVICE ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 1 /31 /2013 2/28/2013 Q1 YTD 511 -Equipment Rental Fund $ 6,463,723 $ 6,368,320 $ - $ - $ (95,403) Internal Service Funds $ 6,463,723 $ 6,368,320 $ - $ - $ (95,403) Packet Page 154 of 343 INVESTMENT PORTFOLIO SUMMARY Agency/Issuer Investment Ty Washington State Local Investment Pool Government Investment Pool Opus Bank Certificate of Deposit FHLMC Bonds FHLMC Bonds FFCB Bonds TOTAL Investment Mix City of Edmonds Investment Portfolio Summary As of January 31, 2013 (a) Term Purchase Purchase Maturity/Call ** Yield to Weighted (months) Date Price Date Maturity Average Various $12,101,251 Various 0.24% 0.182% State Investment Pool Certificate of Deposit Bonds (a) To maturityor call date, whichever occurs first. 24 9/17/2012 500,000 9/17/2014 0.60% 0.019% 60 12/28/2012 1,000,000 6/28/2013 ** 0.90% 0.058% 54 12/27/2012 1,000,000 6/27/2013 0.75% 0.048% 45 12/19/2012 1,000,000 3/19/2013 ** 0.54% 0.035% % of Total Summary 77.6% Current 6-month treasury rate 3.2% Current State Pool rate 19.2% Blended Edmonds rate 100.0% 0.34% 0.342% 0.11 % 0.24% 0.34% Packet Page 155 of 343 N City of Edmonds, WA Monthly Revenue Summary -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 1,215,555 $ 1,215,555 $ 1,527,722 25.68% February 3,000,685 1,785,130 March 5,067,912 2,067,227 April 7,686,106 2,618,194 May 15,050,788 7,364,682 June 16,699,379 1,648,591 July 18,623,887 1,924,508 August 20,233,078 1,609,191 September 21,808,393 1,575,315 October 24,485,913 2,677,520 November 31,191,748 6,705,835 December 32,846,292 1,654,544 General Fund 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC tActuals/Trend Budget *The variance of 25.68% listed above, is a Year End Projected Variance. *The variance shown above is due to receipt of the 2012 4th quarter Franchise Agreement payments in January 2013. City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2013 Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 55,653 $ 55,653 $ 69,441 24.77% February 88,310 32,657 March 129,657 41,347 April 187,545 57,887 May 241,350 53,805 June 303,047 61,697 July 363,652 60,605 August 430,206 66,554 September 492,808 62,602 October 555,912 63,105 November 604,828 48,916 December 650,000 45,172 Real Estate Excise Tax 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ---*--Actuals/Trend Budget *The variance of 24.77%listed above, is a Year End Projected Variance. *The variance shown above is due to a larger number of sales transactions than were expected. O Packet Page 156 of 343 City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2013 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 6 000 000 January $ 390,013 $ February 884,364 March 1,235,989 April 1,600,252 May 2,031,316 June 2,414,769 July 2,801,571 August 3,255,906 September 3,657,629 October 4,069,329 November 4,525,665 December 4,913,150 390,013 $ 406,956 4.34% 5,000,000 494,351 4,000,000 351,625 364,263 3,000,000 431,064 383,453 2,000,000 386,802 1,000,000 454,335 401,723 Sales and Use Tax 411,700 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 456,336 387,485 Budget *The variance of 4.34% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2013 Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 112,509 $ 112,509 $ 94,836-15.71% February 230,573 118,064 March 338,041 107,468 April 428,064 90,023 May 504,039 75,974 June 561,033 56,994 July 602,742 41,709 August 632,326 29,584 September 659,759 27,432 October 688,968 29,210 November 738,628 49,660 December 811,174 72,546 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 Gas Utility Tax JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --4--Actuals/Trend Budget *The variance of -15.71 % listed above, is a Year End Projected Variance. *The expectation is that the negative variance of-15.71% is due to the milder winter experienced this year. 10 Packet Page 157 of 343 City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2013 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 95,577 $ 229,350 376,493 479,057 608,761 713,226 853,959 989,418 1,092,061 1,256,775 1,349,920 1,529,498 2,200,OW 95,577 $ 134,596 40.82% 2,000,000 133,773 1,800,000 147,142 1,600,000 102,564 1,400,000 1,200,000 129,705 1,000,000 104,465 800,000 140,733 600,000 135,459 400,000 102,643 200,000 164,714 - Telephone Utility Tax 93,146 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC I 179,578 ♦Actuals/Trend Budget *The variance of 40.82% listed above, is a Year End Projected Variance. *The Budget Forecast is taken from a five year average. Due to lower revenues in years 2008-2009, the variance from budget to actual is greater. City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2013 Flectric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 151,925 $ 151,925 $ 153,240 0.87% February 320,049 168,124 March 474,600 154,551 April 631,769 157,169 May 769,731 137,963 June 882,641 112,909 July 989,535 106,895 August 1,081,971 92,436 September 1,180,465 98,494 October 1,265,812 85,346 November 1,372,881 107,070 December 1,475,638 102,757 1,500,000 1,250,000 1,000,000 750,000 500,000 250,000 *The variance of .87% listed above, is a Year End Projected Variance. Electric Utility Tax JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC I Actuals/Trend Budget Packet Page 158 of 343 City of Edmonds, WA Monthly Expenditure Report -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 3,199,765 $ 3,199,765 $ 4,044,651 26.40% February 5,639,115 2,439,350 March 7,845,372 2,206,257 April 10,897,320 3,051,948 May 12,871,899 1,974,579 June 16,135,426 3,263,527 July 18,899,470 2,764,045 August 21,343,145 2,443,674 September 24,154,285 2,811,140 October 26,452,137 2,297,852 November 28,966,390 2,514,253 December 32,836,495 3,870,105 General Fund 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 JAN FEB MAR APR MAY TUN JUL AUG SEP OCT NOV DEC ♦Actuals/Trend Budget *The variance of 26.4% listed above, is a Year End Projected Variance. *The variance shown above is due partly to payment of annual WCIA insurance premiums. City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2013 Non -Departmental Cumulative Monthly YTD Variance BudeetForecast BudeetForecast Actuals January $ 1,816,389 $ 1,816,389 $ 2,450,235 34.90% February 2,355,824 539,434 March 2,681,753 325,929 April 3,823,776 1,142,023 May 4,033,724 209,948 June 5,803,237 1,769,514 July 6,605,000 801,763 August 6,982,815 377,816 September 7,887,878 905,063 October 8,269,547 381,669 November 8,680,122 410,575 December 11,455,569 2,775,447 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 Non -Departmental JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC I Actuals/Trend Budget *The variance of 34.9% listed above, is a Year End Projected Variance. *The variance shown above is due to the 1st quarter Fire District #1 payment made in January 2013. 12 Packet Page 159 of 343 City of Edmonds, WA Monthly Expenditure Report -City Council 2013 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 20,374 $ 20,374 $ 15,899-21.96% February 43,014 22,641 March 66,053 23,038 April 85,839 19,787 May 105,708 19,869 June 127,575 21,866 July 152,874 25,299 August 175,926 23,052 September 194,771 18,845 October 221,092 26,321 November 242,345 21,253 December 273,623 31,278 300,000 250,000 200,000 150,000 100,000 50,000 *The variance of-21.96% listed above, is a Year End Projected Variance. Office of City CouncH JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ♦Actuals/Trend Budget City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 3)) )00 3 January $ 19,842 $ February $ 39,927 $ March $ 59,288 $ April $ 78,550 $ May $ 97,575 $ June $ 116,645 $ July $ 136,825 $ August $ 156,088 $ September $ 174,946 $ October $ 195,944 $ November $ 215,940 $ December $ 234,758 $ 19,842 $ 19,244 -3.01% 250,000 20,084 200,000 19,362 19,262 150,000 19,024 19,070 100,000 20,180 50,000 19,263 18,858 Office of Mayor 20,999 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 19,996 18,818 1 Actuals/Trend Budget *The variance of -3.01% listed above, is a Year End Projected Variance. 13 Packet Page 160 of 343 City of Edmonds, WA Monthly Expenditure Report -Human Resources 2013 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 21,417 $ 21,417 $ 19,264-10.05% February 43,437 22,020 March 71,550 28,113 April 94,953 23,403 May 119,752 24,799 June 141,891 22,139 July 165,641 23,750 August 186,678 21,037 September 212,715 26,036 October 233,346 20,631 November 254,495 21,149 December 287,190 32,695 300,000 250,000 200,000 150,000 100,000 50,000 *The variance of-10.05% listed above, is a Year End Projected Variance. Human Resources JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC tActuals/Trend Budget City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2013 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 53,643 $ 112,911 175,311 237,725 296,077 360,063 418,105 479,445 537,638 599,224 660,765 729,506 NUU,000 53,643 $ 51,789 -3.46% 700,000 59,267 600,000 62,400 62,414 500,000 58,352 400,000 63,987 300,000 58,042 200,000 61,340 58,193 100,000 61,585 - Municipal Court 61,541 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 68,741 --O--Actuals/Trend Budget *The variance of -3.46% listed above, is a Year End Projected Variance. 14 Packet Page 161 of 343 City of Edmonds, WA Monthly Expenditure Report -Economic Development/Community Services 2013 Economic Development/Community Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % Economic Development/Community Services January $ February March April May June July August September October November December 23,043 $ 58,021 88,493 117,102 148,619 174,720 211,824 236,988 265,302 295,110 320,839 364,180 4VV,V UU 23,043 $ 23,425 1.66% 350,000 34,978 30,472 300,000 28,609 250,000 31,517 200,000 26,101 37,103 150,000 25,164 100,000 28,314 50,000 29,808 25,729 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 43,341 Actuals/Trend Budget *The variance of 1.66% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -City Clerk 2013 City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 1600,000 January $ February March April May June July August September October November December 41,767 $ 82,790 130,389 171,018 220,675 263,226 308,718 348,298 393,565 432,471 477,296 526,187 41,767 $ 37,742 -9.64% 1500,000 41,022 47,599 400,000 40,629 300,000 49,657 42,551 200,000 45,493 39,580 100,000 45,266 City Clerk 38,906 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 44,825 48,891 Actuals/Trend Budget *The variance of -9.64% listed above, is a Year End Projected Variance. *The negative variance shown above is due to unspent monies for the Public Records/Document Management System decision project. This project was started in November 2012, so we expect that future projections will be more in line with budget. 15 Packet Page 162 of 343 City of Edmonds, WA Monthly Expenditure Report -Information Services 2013 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 41,302 $ 41,302 $ 92,428 123.79% February 107,298 65,997 March 158,751 51,453 April 207,167 48,416 May 262,166 54,999 June 315,619 53,452 July 362,425 46,806 August 424,811 62,386 September 471,078 46,267 October 532,480 61,402 November 602,576 70,096 December 723,534 120,958 1, uuu,uuu 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 Information Services JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Actuals/Trend Budget *The variance of 123.79% listed above, is a Year End Projected Variance. *The variance shown above is due to purchase of the new Broadcast System, as well the temporary contract work for Information Services.. Finance City of Edmonds, WA Monthly Expenditure Report -Finance 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 72,772 $ 139,622 202,376 261,262 319,205 386,389 447,973 502,922 563,970 632,771 699,652 768,484 800,000 72,772 $ 57,416-21.10% 700,000 66,850 600,000 62,753 58,886 500,000 57,944 400,000 67,183 300,000 61,584 200,000 54,949 61,048 100,000 68,802 - Finance 66,881 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 68,832 --4--Actuals/Trend Budget *The variance of -21.1%listed above, is a Year End Projected Variance. 16 Packet Page 163 of 343 City of Edmonds, WA Monthly Expenditure Report -City Attorney 2013 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 41,600 $ 41,600 $ 45,000 8.17% February 83,200 41,600 March 124,800 41,600 April 166,400 41,600 May 208,000 41,600 June 249,600 41,600 July 291,200 41,600 August 332,800 41,600 September 374,400 41,600 October 416,000 41,600 November 457,600 41,600 December 499,200 41,600 600,000 500,000 400,000 300,000 200,000 100,000 *The variance of 8.17% listed above, is a Year End Projected Variance. Police January $ February March April May June July August September October November December City Attorney JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC tActuals/Trend Budget City of Edmonds, WA Monthly Expenditure Report -Police 2013 Cumulative Monthly YTD Variance Police 711,698 $ 1,410,348 2,145,943 2,840,086 3,527,398 4,308,719 5,026,944 5,739,849 6,480,625 7,196,799 8,160, 013 8,931,185 orecas c ua s 9,000,000 8,000,000 711,698 $ 664,289 -6.66% 7,000,000 698,649 6,000,000 735,595 694,143 5,000,000 687,312 14,000,000 781,321 3,000,000 718,225 2,000,000 712,905 1,000,000 740,777 716,174 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 963,214 771,172 1 -4--Actuals/Trend Budget *The variance of -6.66% listed above, is a Year End Projected Variance. 17 Packet Page 164 of 343 City of Edmonds, WA Monthly Expenditure Report -Development Services 2013 Development Services Cumulative Monthly YTD Variance Development Services Budget Forecast Budget Forecast Actuals i 2,000,000 January $ 130,011 $ 130,011 $ 133,389 2.60% 1,800,000 February 261,991 131,980 1,600,000 March 406,268 144,277 1,400,000 April 539,522 133,254 1,200,000 May 673,721 134,199 1,000,000 June 805,445 131,724 800,000 July 931,841 126,396 600,000 August 1,069,195 137,354 400,000 September 1,204,663 135,468 200,000 October 1,348,572 143,909 November 1,481,034 132,462 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 1,619,042 138,008 ♦Actuals/Trend Budget *The variance of 2.6% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2013 Parks & Recreation Cumulative Monthly YTD Variance Parks & Recreation Budget Forecast Budget Forecast Actuals r 3,500,000 January $ 216,401 $ 216,401 $ 198,242 -8.39% 3,000,000 February 450,652 234,250 March 703,168 252,517 2,500,000 April 947,956 244,788 2,000,000 May 1,200,818 252,862 June 1,513,169 312,351 1,500,000 July 1,899,001 385,832 1,000,000 August 2,284,736 385,735 September 2,586,720 301,983 500,000 October 2,831,728 245,008 - November 3,060,023 228,296 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 3,360,903 300,880 Actuals/Trend Budget *The variance of -8.39% listed above, is a Year End Projected Variance. 18 Packet Page 165 of 343 City of Edmonds, WA Monthly Expenditure Report -Public Works 2013 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 27,007 $ 52,806 79,315 104,820 130,712 156,718 192,014 217,880 244,097 270,921 295,226 324,517 ,+UV,V W 27,007 $ 25,911 -4.06% 350,000 25,799 26,509 300,000 25,505 250,000 25,892 200,000 26,006 35,296 150,000 25,866 100,000 26,217 50,000 26,824 Public Works 24,305 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 29,291 -Budget *The variance of -4.06% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2013 Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 106,672 $ 106,672 $ 94,610-11.31% February 220,921 114,249 March 343,665 122,743 April 478,949 135,284 May 552,523 73,574 June 670,350 117,826 July 775,460 105,110 August 878,941 103,481 September 997,041 118,100 October 1,099,774 102,733 November 1,211,822 112,048 December 1,344,159 132,337 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 *The variance of -11.31%listed above, is a Year End Projected Variance. Facilities Maintenance JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ---0--Actuals/Trend Budget Packet Page 166 of 343 19 City of Edmonds, WA Monthly Expenditure Report -Engineering 2013 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast ActuaIs r Engineering 1,400,000 January $ 114,876 $ 114,876 $ 115,768 0.78% 1,200,000 February 230,249 115,373 March 344,770 114,522 1,000,000 April 468,067 123,296 800,000 May 577,602 109,535 June 692,761 115,159 600000 July 811,020 118,259 400,000 August 927,980 116,960 September 1,048,722 120,742 200,000 October 1,171,901 123,179 November 1,285,284 113,383 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 1,394,458 109,174 --#--Actuals/Trend Budget *The variance of .78% listed above, is a Year End Projected Variance. 20 Packet Page 167 of 343 CITY OF EDMONDS REVENUES BY FUND - SUMMARY Fund No. Title 2013 Adopted Budget 1/31/2013 Revenues Variance % Received 001 GENERAL FUND $ 32,846,292 $ 1,527,722 $ (31,318,570) 50/c 009 LEOFF-MEDICAL INS. RESERVE 600,350 - (600,350) 00/( 011 RISK MANAGEMENT FUND 418,200 - (418,200) 00/( 012 CONTINGENCY RESERVE FUND 123,223 - (123,223) 00/( 014 HISTORIC PRESERVATION GIFT FUND - 288 288 00/( 016 BUILDING MAINTENANCE 56,900 - (56,900) 00% 104 DRUG ENFORCEMENT FUND 20,175 15,367 (4,808) 760/( III STREET FUND 1,406,800 92,012 (1,314,788) 70/( 112 COMBINED STREET CONST/IMPROVE 6,223,755 19,034 (6,204,721) 00/c 117 MUNICIPAL ARTS ACQUIS. FUND 59,891 - (59,891) 00/( 118 MEMORIAL STREET TREE 27 - (27) 00% 120 HOTEL/MOTEL TAX REVENUE FUND 52,870 4,360 (48,510) 80/( 121 EMPLOYEE PARKING PERMIT FUND 18,120 3,500 (14,620) 190/( 122 YOUTH SCHOLARSHIP FUND 2,025 - (2,025) 00% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 8,453 (10,547) 440/( 125 REAL ESTATE EXCISE TAX 2 650,600 69,441 (581,159) 110/( 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 650,600 69,441 (581,159) 110% 127 GIFTS CATALOG FUND 20,483 - (20,483) 00/( 129 SPECIAL PROJECTS FUND 14,700 - (14,700) 00% 130 CEMETERY MAINTENANCE/IMPROVEMT 119,950 9,651 (110,299) 80/( 132 PARKS CONSTRUCTION FUND 1,869,500 - (1,869,500) 00/( 136 PARKS TRUST FUND 228 - (228) 00% 137 CEMETERY MAINTENANCE TRUSTFD 14,600 1,072 (13,528) 70/( 138 SISTER CITY COMMISSION 3,517 - (3,517) 00/( 139 TRANSPORTATION BENEFIT DISTRICT 645,000 45,322 (599,678) 70/c 211 L.I.D. FUND CONTROL 22,130 2,956 (19,174) 130/( 213 L.I.D. GUARANTY FUND 22,230 - (22,230) 00/( 231 2012 LT GO DEBT SERVICE FUND - - - 00/c 234 LIMITED TAX G.O. BOND FUND, 414,500 - (414,500) 00/( 411 COMBINED UTILITY OPERATION - 17,245 17,245 00% 421 WATER UTILITY FUND 10,625,680 537,512 (10,088,168) 50/c 422 STORM UTILITY FUND 3,486,716 229,664 (3,257,052) 70/f 423 SEWER/WWTP UTILITY FUND 11,020,123 755,500 (10,264,623) 70/( 511 EQUIPMENT RENTAL FUND 1,361,972 - (1,361,972) 00/( 617 FIREMEN'S PENSION FUND 45,400 - (45,400) 00/( 21 Packet Page 168 of 343 CITY OF EDMONDS EXPENDITURES BY FUND - S UMMARY Fund No. Title 2013 Adopted Budget 1/31/2013 Expenditures Variance 001 GENERAL FUND $ 32,836,495 $ 4,044,651 $ (28,791,844) 009 LEOFF-MEDICAL INS. RESERVE 619,400 26,123 (593,277) 011 RISK MANAGEMENT RESERVE FUND 661,000 - (661,000) 014 HISTORIC PRESERVATION GIFT FUND - - - 016 BUILDING MAINTENANCE 35,000 493 (34,507) 104 DRUG ENFORCEMENT FUND 80,033 625 (79,408) Ill STREET FUND 1,557,715 145,149 (1,412,566) 112 COMBINED STREET CONST/IMPROVE 6,304,984 (270) (6,305,254) 117 MUNICIPAL ARTS ACQUIS. FUND 130,600 1,800 (128,800) 118 MEMORIAL STREET TREE - - - 120 HOTEL/MOTEL TAX REVENUE FUND 68,500 - (68,500) 121 EMPLOYEE PARKING PERMIT FUND 26,726 - (26,726) 122 YOUTH SCHOLARSHIP FUND 4,000 439 (3,561) 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 - (19,000) 125 REAL ESTATE EXCISE TAX 2 964,000 (6,017) (970,017) 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 662,105 - (662,105) 127 GIFTS CATALOG FUND 20,020 90 (19,930) 129 SPECIAL PROJECTS FUND 14,700 - (14,700) 130 CEMETERY MAINTENANCE/IMPROVEMT 152,761 9,219 (143,542) 132 PARKS CONSTRUCTION FUND 1,887,500 - (1,887,500) 136 PARKS TRUST FUND - - - 138 SISTER CITY COMMISSION 4,600 63 (4,537) 139 TRANSPORTATION BENEFIT DISTRICT 645,000 45,322 (599,678) 211 L.I.D. FUND CONTROL 22,130 - (22,130) 213 L.I.D. GUARANTY FUND - - - 231 2012 LT GO DEBT SERVICE FUND - - - 234 LIMITED TAX G.O. BOND FUND, 388,671 - (388,671) 421 WATER UTILITY FUND 9,196,851 189,830 (9,007,021) 422 STORM UTILITY FUND 4,470,772 132,599 (4,338,173) 423 SEWER/WWTP UTILITY FUND 16,853,609 470,235 (16,383,374) 511 EQUIPMENT RENTAL FUND 1,042,840 95,403 (947,437) 617 FIREMEN'S PENSION FUND 108,790 28,254 (80,536) $ 78,777,802 $ 5,184,008 $ (73.593.794) % S 1% 11% -1% 1% 22 Packet Page 169 of 343 CITY OF EDMONDS CHANGE IN FUND BALANCE - S UMMARY Fund No. Title 001 GENERAL FUND 009 LEOFF-MEDICAL INS. RESERVE 011 RISK MANAGEMENT RESERVE FUND 012 CONTINGENCY RESERVE FUND 014 HISTORIC PRESERVATION GIFT FUND 013 MULTIMODAL TRANSPORTATION FD. 016 BUILDING MAINTENANCE TOTAL GENERAL FUND 104 DRUG ENFORCEMENT FUND III STREET FUND 112 COMBINED STREET CONST/IMPROVE 117 MUNICIPAL ARTS ACQUIS. FUND 118 MEMORIAL STREET TREE 120 HOTEL/MOTEL TAX REVENUE FUND 121 EMPLOYEE PARKING PERMIT FUND 122 YOUTH SCHOLARSHIP FUND 123 TOURISM PROMOTIONAL FUND/ARTS 125 REAL ESTATE EXCISE TAX 2 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ 127 GIFTS CATALOG FUND 129 SPECIAL PROJECTS FUND 130 CEMETERY MAINTENANCE/IMPROVEMT 132 PARKS CONSTRUCTION FUND 136 PARKS TRUST FUND 137 CEMETERY MAINTENANCE TRUSTFD 138 SISTER CITY COMMISSION 139 TRANSPORTATION BENEFIT DISTRICT 211 L.I.D. FUND CONTROL 213 L.I.D. GUARANTY FUND 231 2012 LT GO DEBT SERVICE FUND 234 LIMITED TAX G.O. BOND FUND, 411 COMBINED UTILITY OPERATION 421 WATER UTILITY FUND 422 STORM UTILITY FUND 423 SEWER/WWTP UTILITY FUND 511 EQUIPMENT RENTAL FUND 617 FIREMEN'S PENSION FUND 1/1/2013 2013 2013 1/31/2013 Beg. Balance Revenues Expenditures Difference End. Balance $ 4,829,369 $ 1,527,722 $ 4,044,651 $ (2,516,929) $ 2,312,440 387,319 - 26,123 (26,123) 361,196 244,000 - - - 244,000 5,283,425 - - - 5,283,425 1,064 288 - 288 1,352 55,859 - - - 55,859 213,999 - 493 (493) 213,506 11,015,035 1,528,010 4,071,267 (2,543,257) 8,471,778 118,622 15,367 625 14,742 133,364 114,146 92,012 145,149 (53,137) 61,009 (477,093) 19,034 (270) 19,304 (457,789) 421,142 - 1,800 (1,800) 419,342 17,669 - - - 17,669 105,899 4,360 - 4,360 110,259 71,492 3,500 - 3,500 74,992 15,945 - 439 (439) 15,506 55,999 8,453 - 8,453 64,452 984,892 69,441 (6,017) 75,458 1,060,349 308,357 69,441 - 69,441 377,798 216,473 - 90 (90) 216,383 (139,809) - - - (139,809) 53,593 9,651 9,219 432 54,025 686,352 - - - 686,352 149,873 - - - 149,873 817,737 1,072 - 1,072 818,809 8,781 - 63 (63) 8,718 - 45,322 45,322 - - 3,496 2,956 - 2,956 6,452 22,234 - - - 22,234 (15,397) - - - (15,397) 681 - - - 681 - 17,245 - 17,245 17,245 12,322,592 537,512 189,830 347,682 12,670,274 7,552,075 229,664 132,599 97,065 7,649,140 43,942,247 755,500 470,235 285,266 44,227,513 6,463,723 - 95,403 (95,403) 6,368,320 216,693 - 28,254 (28,254) 188,438 TOTALALLFUNDS $ 85,053,451 $ 3,408,540 $ 5,184,008 $ (1,775,468) $ 83,277,983 We are currently using the estimated 2012 ending fund balance numbers for funds 421, 422, and 423. These will be updated when actuals are in; due to the change in how these funds are structured. 23 Packet Page 170 of 343 This page is intentionally left blank. 24 Packet Page 171 of 343 Pagel of 3 Title REAL PERSONAL / PROPERTY TAX EMS PROPERTY TAX VOTED PROPERTY TAX LOCAL RETAIL SALES/USE TAX NATURAL GAS USE TAX 1/10 SALES TAX LOCAL CRIM JUST ELECTRIC UTILITY TAX GAS UTILITY TAX SOLID WASTE UTILITY TAX WATER UTILITY TAX SEW ER UT ILIT Y T AX ST ORMWAT ER UT ILIT Y TAX T.V. CABLE UTILITY TAX TELEPHONE UTILITY TAX PULLTABS TAX LEASEHOLD EXCISE TAX PENALTIES ON GAMBLING TAXES LICENSES AND PERMITS : FIRE PERMITS -SPECIAL USE PROF AND OCC LICENSE -TAXI AMUSEMENTS FRANCHISE AGREEMENT -COMCAST FRANCHISE AGREEMENT -VERIZON/FRONT IER FRANCHISE AGREEMENT -BLACKROCK FRANCHISE AGREMENT-ZAYO OLYMPIC VIEW WATER DISTRICT FRANCHISE GENERAL BUSINESS LICENSE DEV SERV PERMIT SURCHARGE NON-RESIDENT BUS LICENSE RIGHT OF WAY FRANCHISE FEE BUILDING STRUCTURE PERMIT S ANIMAL LICENSES STREET AND CURB PERMIT OTR NON -BUS LIC/PERMIT S DIVE PARK PERMIT FEE INTERGOVERNMENTAL: DOI 15-0404-0-1-754 - BULLET PROOF VEST TARGET ZERO TEAMS GRANT HIGH VISIBILITY ENFORCEMENT PUD PRIVILEDGE TAX MVET/SPECIAL DISTRIBUTION JUDICIAL SALARY CONTRIBUTION -STATE CRIMINAL JUSTICE -SPECIAL PROGRAMS DUI - CITIES LIQUOR EXCISE TAX LIQUOR BOARD PROFITS SHARED COURT COSTS MUNICIPAL COURT AGREEMENT W/LYNNWOOD CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Adopted 1/31/2013 Budget Revenues Variance %Received $ 9,781,109 $ 55,370 $ (9,725,740) 1% 2,775,282 17,157 (2,758,125) 1% 916,103 5,459 (910,644) 1% 4,913,150 406,956 (4,506,194) 8% 8,706 995 (7,711) 11% 520,417 45,296 (475,121) 9% 1,475,638 153,240 (1,322,398) 10% 811,174 94,836 (716,338) 12% 287,710 25,049 (262,662) 9% 904,613 - (904,613) 0% 470,000 - (470,000) 0% 274,600 - (274,600) 0% 730,910 66,261 (664,649) 9% 1,529,498 134,596 (1,394,902) 9% 62,116 9,857 (52,259) 16% 212,350 - (212,350) 0% - - 0% 25,673,376 1,015,071 (24,658,305) 4% 5,555 - (5,555) 0% 1,030 - (1,030) 0% 6,060 3,175 (2,885) 52% 627,816 167,992 (459,824) 27% 95,806 22,058 (73,748) 23% 8,287 2,938 (5,349) 35% - - - 0% 214,415 52,556 (161,859) 25% 106,297 58,365 (47,932) 55% 18,422 1,755 (16,667) 10% 39,274 17,400 (21,874) 44% 9,500 9,773 273 103% 345,436 21,794 (323,642) 6% 13,205 2,532 (10,673) 19% 50,000 1,110 (48,890) 2% 7,070 1,077 (5,993) 15% - - 0% 1,548,173 362,525 (1,185,648) 23% 1,191 - (1,191) 0% 10,000 - (10,000) 0% 6,000 - (6,000) 0% 185,181 - (185,181) 0% 8,828 2,281 (6,547) 26% 12,572 - (12,572) 0% 33,290 8,546 (24,744) 26% 7,704 1,799 (5,905) 23% 20,000 - (20,000) 0% 301,761 - (301,761) 0% 3,030 - (3,030) 0% 1,500 750 (750) 50% 591,057 12,626 (576,931) 2% Packet Page 172 of 343 25 Page 2 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Adopted 1/31/2013 Title Budget Revenues Variance RECORD/LEGAL INSTRUMTS 1,065 - (1,065) D/M COURT REC SER 172 - (172) MUNIC.-DIST. COURT CURR EXPEN 188 - (188) SALE MAPS & BOOKS 72 14 (58) PHOTOCOPIES 4,572 475 (4,097) POLICE DISCLOSURE REQUESTS 4,500 247 (4,253) ASSESSMENT SEARCH 5 - (5) ENGINEERING FEES AND CHARGES 100,000 2,390 (97,610) ELECTION CANDIDATE FILING FEES 1,011 - (1,011) SNO-ISLE 57,236 14,445 (42,791) PASSPORTSAND NATURALIZATION FEES 9,571 - (9,571) POLICE SERVICES SPECIAL EVENTS 26,000 - (26,000) OCDETF OVERTIME - 1,113 1,113 CAMPUS SAFETY-EDM. SCH. DIST. 11,615 - (11,615) WOODWAY-LAW PROTECTION 36,000 2,470 (33,530) MISCELLANEOUS POLICE SERVICES 2,750 - (2,750) DUI EMERGENCY FIRE SERVICES 532 - (532) FIRE DISTRICT #1 STATION BILLINGS 27,808 13,304 (14,504) ADULT PROBATION SERVICE CHARGE 60,000 - (60,000) ELECTRONIC MONITOR DUI 165 - (165 ) BOOKING FEES 5,711 - (5,711) FIRE CONSTRUCTION INSPECTION FEES 5,577 515 (5,062) EMERGENCY SERVICE FEES 23,976 - (23,976) DUI EMERGENCY AID 67 - (67) EMS TRANSPORT USER FEE 814,318 10 (814,308) POLICE - FINGERPRINTING 496 15 (481) CRIM CNV FEE DUI 698 - (698) CRIM CONV FEE CT 4,360 - (4,360) CRIM CONV FEE CN 1,624 - (1,624) FIBER SERVICES 36,438 2,740 (33,698) INTERGOVERNMENTAL FIBER SERVICES 7,272 600 (6,672) FLEX FUEL PAYMENTS FROM STATIONS 213 171 (42) ANIMAL CONTROL SHELTER 6,616 515 (6,101) ZONING/SUBDIVISION FEE 38,000 5,820 (32,180) PLAN CHECKING FEES 216,457 12,275 (204,182) FIRE PLAN CHECK FEES 2,911 125 (2,786) PLANNING 1 % INSPECTION FEE 1,200 - (1,200) S.E.P.A. REVIEW 5,000 485 (4,515) CRITICAL AREA STUDY 12,000 775 (11,225) DV COORDINATOR SERVICES 10,921 923 (9,998) SWIM POOL ENTRANCE FEES 56,000 - (56,000) GYM AND WEIGHT ROOM FEES 5,500 633 (4,867) LOCKER FEES 300 - (300) SWIM CLASS FEES 32,000 - (32,000) INTERGOVERNMENTAL REVENUE-SSCCFH 69,300 - (69,300) PROGRAM FEES 780,000 40,220 (739,780) TAXABLE RECREATION ACTIVITIES 115,500 13,491 (102,009) SWIM TEAM/DIVE TEAM 31,600 - (31,600) BIRD FEST REGISTRATION FEES 660 - (660) INTERFUND REIMBURSEMENT -CONTRACT SVCS 1,520,248 - (1,520,248) 4,148,225 113,772 (4,034,453) %Received 26 Packet Page 173 of 343 Page 3 of 3 Title PROOF OF VEHICLE INS PENALTY TRAFFIC INFRACTION PENALTIES NC TRAFFIC INFRACTION CRT COST FEE CODE LEG ASSESSMENT (LGA) SPEEDING DOUBLE NON -TRAFFIC INFRACTION PENALTIES OTHER INFRACTIONS'04 PARKING INFRACTION PENALTIES PR -HANDICAPPED PARKING INFRACTION LOC PARK/INDDISZONE DWI PENALTIES DUI - DP ACCT OTHER CRIMINAL TRAF MISDEM PEN CRIMINAL TRAFFIC MISDEMEANOR 8/03 OTHER NON-TRAF MISDEMEANOR PEN OTHER NON TRAFFIC MISD. 8/03 COURT DV PENALTY ASSESSMENT CRIMINAL COSTS-RECOUPMENTS PUBLIC DEFENSE RECOUPMENT COURT INTERPRETER COSTS BUS. LICENSE PERMIT PENALTY MISC FINES AND PENALTIES MISCELLANEOUS: INVESTMENT INTEREST INTEREST ON COUNTY TAXES INTEREST - COURT COLLECTIONS PARKING SPACE/FACILITIES RENTALS BRACKET ROOM RENTAL LEASES LONG-TERM VENDING MACHINE/CONCESSION OTHER RENTS & USE CHARGES PARKS DONATIONS BIRD FESf CONTRIBUTIONS SALE OF JUNK/SALVAGE SALES OF UNCLAIM PROPERTY CONFISCATED AND FORFEITED PROPERTY POLICE JUDGMENT SREST IT UT ION CASHIER'S OVERAGES/SHORTAGES OTHER MISC REVENUES SMALL OVERPAYMENT NSF FEES - PARKS & REC NSF FEES - MUNICIPAL COURT NSF FEES - POLICE TRANSFERS -IN: INSURANCE RECOVERIES INTERFUND TRANSFER -IN INTERFUND TRANSFER- In (From 121) INTERFUND TRANSFER (From 136) TOTAL GENERAL FUND REVENUE CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Adopted 1/31/2013 Budget Revenues Variance %Received 10,214 - (10,214) 0% 24,000 - (24,000) 0% 213,000 - (213,000) 0% 20,086 - (20,086) 0% 77 - (77) 0% 2,034 - (2,034) 0% 1,002 - (1,002) 0% 31,592 - (31,592) 0% 794 - (794) 0% 404 - (404) 0% 3,000 - (3,000) 0% 9,200 - (9,200) 0% 415 - (415) 0% 8 - (8) 0% 33,000 - (33,000) 0% 539 - (539) 0% 14,000 - (14,000) 0% 1,491 - (1,491) 0% 113,265 - (113,265) 0% 40,000 - (40,000) 0% 292 - (292) 0% 7,444 - (7,444) 0% 485 480 (5) 99% 526,342 480 (525,862) 0% 8,000 - (8,000) 0% 1,250 11 (1,239) 1% 5,491 - (5,491) 0% 8,790 1,016 (7,774) 12% 140,000 2,525 (137,475) 2% 3,040 760 (2,280) 25% 143,000 15,682 (127,318) 11% 4,500 163 (4,337) 4% 6,200 - 4,300 1,200 (3,100) 28% 1,400 - 1,486 - (1,486) 0% 1,750 784 (966) 45% - 358 358 0% 465 - (465) 0% 44 (44) 0% 3,000 (3,000) 0% 66 (66) 0% 182 (182) 0% 978 - (978) 0% 91 - (91) 0% 334,033 22,498 (303,935) 7% - 0% - - 0% 25,086 (25,086) 0% - - 0% 25,086 - (25,086) 0% $ 32,846,292 $ 1,526,972 $ (31,310,220) 5% Packet Page 174 of 343 27 This page is intentionally left blank. W:3 Packet Page 175 of 343 Page 1 of 6 Title GENERAL FUND EXPENDITURES (001) SALARIES AND WAGES OVERTIME HOLIDAY BUY BACK BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS& MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES ECA CONTINGENCY RESERVE EXCISE TAXES INT ERFUND TRANSFER (009,111,112,116) MACHINERY/EQUIPMENT GENERAL OBLIGATION BOND PRINCIPAL CAPITAL LEASES AND INSTALLMENT PURCHASES OTHER DEBT INTEREST ON LONG-TERM EXTERNAL DEBT DEBT ISSUE COSTS INTERFUND SERVICES INTERFUND RENTAL LEO FF-MEDIC AL INS. RESERVE (009) BENEFITS IN HOME LTC CLAIMS PROFESSIONAL SERVICES MISCELLANEOUS RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS BUILDING MAINTENANCE SUBFUND (016) SUPPLIES PROFESSIONAL SERVICES REPAIRS& MAINTENANENCE DRUG INFO RCEMEVTFUND (104) SUPPLIES FUEL CONSUMED SMALL EQUIPMENT COMMUNICATIONS REPAIR/MAINT MISCELLANEOUS INTERGOVTLSVC CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 1/31/2013 Budget Expenditures Variance %Used $ 12,056,306 $ 1,020,571 $ (11,035,735) 8% 415,100 25,641 (389,459) 6% 193,388 802 (192,586) 0% 4,092,115 345,067 (3,747,048) 8% 61,110 5,172 (55,938) 8% 374,244 8,100 (366,144) 2% 117,050 342 (116,708) 0% 1,854,389 79,605 (1,774,784) 4% 204,660 5,901 (198,759) 3% 36,742 134 (36,608) 0% 40,865 1,271 (39,594) 3% 834,943 11,791 (823,152) 1% 396,193 395,999 (194) 100% 414,600 28,603 (385,997) 7% 320,547 35,266 (285,281) 11% 279,880 44,322 (235,558) 16% 8,099,655 2,014,061 (6,085,594) 25% 190,000 - (190,000) 0% 5,500 267 (5,233) 5% 1,096,535 - (1,096,535) 0% 85,000 21,257 (63,743) 25% 1,163,245 - (1,163,245) 0% 64,014 - (64,014) 0% - 478 478 0% 185,614 - (185,614) 0% 5,000 (5,000) 0% 201,800 (201,800) 0% 48,000 - (48,000) 0% 32,836,495 4,044,651 (28,791,844) 12% $ 435,000 $ 26,123 $ (408,877) 6% 176,400 - (176,400) 0% 8,000 (8,000) 0% - - 0% 619,400 26,123 (593,277) 4% $ 661,000 (661,000) 0% 661,000 661,000 0% $ 10,000 $ $ (10,000) 0% 20,000 (20,000) 0% 5,000 493 (4,507) 10% 35,000 $ 493 $ (34,507) 1% $ - $ - $ 0% 2,000 341 (1,659) 17% 5,000 - (5,000) 0% 2,233 284 (1,949) 13% 800 - (800) 0% 20,000 (20,000) 0% 50,000 - (50,000) 0% 80,033 625 79,408 1% Packet Page 176 of 343 29 Title CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 1/31/2013 Budget Expenditures Variance Page 2 of 6 %Used STREETFUND (111) SALARIES AND WAGES $ 447,655 $ 37,024 $ (410,631) 8% OVERTIME 18,400 3,144 (15,256) 17% BENEFITS 197,283 16,053 (181,230) 8% UNIFORMS 6,000 190 (5,810) 3% SUPPLIES 240,000 56 (239,944) 0% SMALL EQUIPMENT 26,000 - (26,000) 0% PROFESSIONAL SERVICES 32,700 - (32,700) 0% COMMUNICATIONS 3,500 172 (3,328) 5% TRAVEL 1,000 - (1,000) 0% ADVERTISING 350 - (350) 0% RENTAL/LEASE 159,134 43 (159,091) 0% INSURANCE 87,204 87,201 (3) 100% UTILITIES 267,750 1,267 (266,483) 0% REPAIRS & MAINTENANCE 25,000 - (25,000) 0% MISCELLANEOUS 8,000 (8,000) 0% INTERGOVERNMENTAL SERVICES 4,000 (4,000) 0% INTERFUND TRANSFER - 0% GENERAL OBLIGATION BOND PRINCIPAL 31,665 (31,665) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 2,074 - (2,074) 0% 1,557,715 145,149 (1,412,566) 9% COMBINED S TREET C 0 NS T/IMPRO VE (112) PROFESSIONAL SERVICES $ 1,152,100 $ (270) $ (1,152,370) 0% INTERFUND TRANSFER OUT (to 112,117) 378,500 - (378,500) 0% LAND 909,400 (909,400) 0% CONST SURFACE CONST PROJECTS 3,482,300 (3,482,300) 0% INTERGOVERNMENTAL LOANS 72,203 (72,203) 0% INTEREST ON INTERGOVERNMENTAL LOANS 4,481 (4,481) 0% INTERFUND SERVICES 306,000 - (306,000) 0% 6,304,984 (270) (6,305,254) 0% MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES $ 4,200 $ $ (4,200) 0% SMALL EQUIPMENT 1,000 (1,000) 0% PROFESSIONAL SERVICES 107,500 1,800 (105,700) 2% TRAVEL 50 - (50) 0% ADVERTISING 4,000 (4,000) 0% RENTAL/LEASE 550 (550) 0% REPAIRS& MAINTENANCE 300 (300) 0% MISCELLANEOUS 10,000 (10,000) 0% INTERFUND TRANSFER 3,000 - (3,000) 0% 130,600 1,800 (128,800) 1% MEMO RIAL S TREET TREE FUND (118) SUPPLIES $ - $ - $ 0% 0% HO TEL/MO TEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES $ 14,500 $ $ (14,500) 0% ADVERTISING 37,500 (37,500) 0% MISCELLANEOUS 2,500 (2,500) 0% INTERFUND TRANSFERS (to 117, 132) 14,000 (14,000) 0% 68,500 (68,500) 0% EMPLO YEE PARKING PERMIT FUND (121) SUPPLIES $ 1,640 $ $ (1,640) 0% INTERFUND TRANSFER (to 001) 25,086 (25,086) 0% 26,726 (26,726) 0% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS $ 4,000 $ 439 $ (3,561) 11% 4,000 439 (3,561) 11 % TOURISM PROMOTIONAL FUND/ARTS (123) PROFESSIONAL SVC $ 10,500 $ - $ (10,500) 0% ADVERTISING 4,500 (4,500) 0% MISCELLANEOUS 4,000 (4,000) 0% 19,000 $ (19,000) 0% 30 Packet Page 177 of 343 Title CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 1/31/2013 Budget Expenditures Variance Page 3 of 6 %Used REAL ESTATE EXCISE TAX (125) SUPPLIES $ 29,000 $ 4,464 $ (24,536) 15% PROFESSIONAL SERVICES 275,000 (10,481) (285,481) -4% UTILITIES - 0% REPAIRS& MAINTENANCE 160,000 (160,000) 0% INTERFUND TRANSFER (to 132) 500,000 (500,000) 0% CONSTRUCTION PROJECTS - 0% INTERFUND SERVICES - 0% 964,000 (6,017) (970,017) -1% REAL ESTATE EXCISE TAX 1, PARKS ACQ (126) MISCELLANEOUS $ - $ $ 0% TRANSFER TO FUND 234 56,550 (56,550) 0% LAND 200,000 (200,000) 0% GENERAL OBLIGATION BONDS 393,481 (393,481) 0% INTEREST 12,074 (12,074) 0% $ 662,105 (662,105) 0% GIFTS CATALOG FUND (127) SUPPLIES $ 14,020 $ 90 $ (13,930) 1% PROFESSIONAL SERVICES 6,000 (6,000) 0% INTERFUND TRANSFER - 0% 20,020 90 19,930 0% SPECIAL PROJECTS FUND (129) PROFESSIONAL SERVICES $ 7,700 $ $ (7,700) 0% CONSTRUCTION - 0% INTERFUND SERVICES 7,000 (7,000) 0% 14,700 (14,700) 0% C UM ETFd2Y MAINTENANC EIMPRO VEMENT (130) SALARIES AND WAGES $ 68,605 $ 5,907 $ (62,698) 9% OVERTIME 3,500 - (3,500) 0% BENEFITS 33,188 2,623 (30,565) 8% UNIFORMS 1,000 - (1,000) 0% SUPPLIES 7,000 212 (6,788) 3% SUPPLIES PURCHASED FOR INVENTORY/RESALE 20,000 - (20,000) 0% PROFESSIONAL SERVICES 1,000 - (1,000) 0% COMMUNICATIONS 1,412 117 (1,295) 8% TRAVEL 500 - (500) 0% ADVERTISING 3,000 (3,000) 0% RENTAL/LEASE 5,256 UTILITIES 3,800 (3,800) 0% REPAIRS& MAINTENANCE 500 - (500) 0% MISCELLANEOUS 4,000 360 (3,640) 9% MACHINERY/EQUIPMENT - - 0% INTERFUND SERVICES - - 0% 152,761 9,219 (138,286) 6% PARKS CONSTRUCTION FUND (132) SUPPLIES $ - $ - $ 0% PROFESSIONAL SERVICES 1,887,500 (1,887,500) 0% INTERFUND TRANSFER - 0% CONSTRUCTION PROJECTS 0% INTERFUND SERVICES - 0% 1,887,500 (1,887,500) 0% PARKS TRUST FUND (136) INTERFUND TRANSFER $ - $ $ 0% 0% SISTER CITY COMMISSION (138) SUPPLIES $ 500 $ $ (500) 0% STUDENT TRIP 2,600 (2,600) 0% MISCELLANEOUS 1,500 63 (1,437) 4% 4,600 63 (4,537) 1% TRANSPORTATION BENEFIT DIS TRIC T (139) PROFESSIONAL SERVICES $ - $ 1,045 $ 1,045 0% INSURANCE 5,000 5,000 - 100% INTERFUND TRANSFER 640,000 39,277 (600,723) 6% $ 645,000 45,322 $ (599,678) 7% 31 Packet Page 178 of 343 Page 4 of 6 Title LID FUND C O NTRO L (211) INTERFUND TRANSFER LID GUARANTY FUND (213) INTERFUND TRANSFER 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND INTEREST DEBT ISSUE COSTS LIMITED TAX G.O. BOND FUND (234) GENERAL OBLIGATION BONDS INTEREST WATER FUND (421) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED WATER PURCHASED FOR RESALE SUPPLIES PURCHASED FOR INVENTORY/RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS& MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXES INTERFUND TRANSFER (to 117,414) MACHINERY/EQUIPMENT CONSTRUCTION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST DEBT ISSUE COSTS OTHER INTEREST & DEBT SERVICE COSTS INTERFUND SERVICES CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 1/31/2013 Budget Expenditures Variance %Used $ 22,130 $ $ (22,130) 0% 22,130 $ $ (22,130) 0% $ $ $ 0% $ 0% $ $ $ 0% 0% 0% 0% $ 388,671 $ $ (388,671) 0% - 0% 388,671 (388,671) /o $ 756,455 $ 59,971 $ (696,484) 8% 24,180 1,286 (22,894) 5% 285,866 24,872 (260,994) 9% 6,840 190 (6,650) 3% 143,505 238 (143,267) 0% - - 0% 1,725,000 - (1,725,000) 0% 140,000 4,596 (135,404) 3% 10,400 - (10,400) 0% 173,136 - (173,136) 0% 30,280 1,615 (28,665) 5% 3,400 - (3,400) 0% 560 - (560) 0% 91,205 107 (91,098) 0% 67,699 67,607 (92) 100% 28,000 2,011 (25,989) 7% 24,160 - (24,160) 0% 307,630 22,271 (285,359) 7% 30,000 4,891 (25,109) 16% 904,893 - (904,893) 0% 927,500 (927,500) 0% 85,000 (85,000) 0% 2,532,580 (2,532,580) 0% 2,025 (2,025) 0% 209,471 (209,471) 0% 45,839 (45,839) 0% 280,306 (280,306) 0% 16,553 - (16,553) 0% - 175 175 0% 344,368 - (344,368) 0% 9,196,851 S 189,830 (9,007,021) 2°0 Packet Page 179 of 343 32 Page 5 of 6 Title S TO RM FUND (422) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UT ILIT ES REPAIR & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXESAND OPERATING ASSESSMENT INTERFUND TRANSFER (to 112, 117) CONSTRUCTION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST OTHER INTEREST & DEBT SERVICE COSTS INTERFUND PROFESSIONAL SERVICES SEWER FUND (423) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED SUPPLIES PURCHASED FOR INV OR RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIR & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXESAND OPERATING ASSESSMENT INTERFUND TRANSFERS (to 414, 423) MACHINERY/EQUIPMENT CONSTRUCTION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST DEBT ISSUE COSTS OTHER INTEREST & DEBT SERVICE COSTS INTERFUND PROFESSIONAL SERVICES CITY OF EDMO NDS EXPENDPTURES BY FUND - DETAIL 2013 Adopted 1/31/2013 Budget Expenditures Variance %Used $ 568,591 $ 43,095 $ (525,496) 8% 6,000 655 (5,345) 11% 232,141 17,037 (215,104) 7% 6,540 - (6,540) 0% 50,000 21 (49,979) 0% 4,400 - (4,400) 0% 586,190 45,085 (541,105) 8% 3,480 90 (3,390) 3% 4,300 - (4,300) 0% 500 - (500) 0% 217,412 43 (217,369) 0% 8,418 8,407 (11) 100% 10,000 829 (9,171) 8% 11,860 - (11,860) 0% 106,100 5,068 (101,032) 5% 45,000 12,187 (32,813) 27% 291,600 - (291,600) 0% 237,766 (237,766) 0% 1,388,400 (1,388,400) 0% 102,585 (102,585) 0% 82,906 (82,906) 0% 32,063 (32,063) 0% 186,129 (186,129) 0% - 83 83 0% 288,391 - (288,391) 0% 4,470,772 132,599 4,338,173 307. $ 1,653,859 $ 131,316 $ (1,522,543) 8% 73,000 14,766 (58,234) 20% 677,979 54,518 (623,461) 8% 11,190 - (11,190) 0% 482,505 15,031 (467,474) 3% 90,000 13,038 (76,962) 14% 3,000 - (3,000) 0% 16,400 993 (15,407) 6% 1,024,236 19,262 (1,004,974) 2% 40,280 1,819 (38,461) 5% 7,400 - (7,400) 0% 2,500 - (2,500) 0% 133,736 254 (133,482) 0% 157,117 156,092 (1,025) 99% 931,200 35,673 (895,527) 4% 90,000 1,239 (88,761) 1% 211,100 16,425 (194,675) 8% 290,000 4,891 (285,109) 2% 493,500 - (493,500) 0% 1,125,280 (1,125,280) 0% 141,000 - (141,000) 0% 7,924,700 4,834 (7,919,866) 0% 195,602 - (195,602) 0% 222,625 (222,625) 0% 138,939 (138,939) 0% 125,421 (125,421) 0% 16,551 - (16,551) 0% - 41 41 0% 574,489 42 (574,447) 0% - 16,853,609 S 470,235 (16,383,374) 3% Packet Page 180 of 343 33 Title CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 1/31/2013 Budget Expenditures Variance Page 6 of 6 %Used EQ UIPMENT RENTAL FUND (511) SALARIES AND WAGES $ 228,064 $ 11,249 $ (216,815) 5% OVERTIME 1,000 143 (857) 14% BENEFITS 100,397 5,511 (94,886) 5% UNIFORMS 1,000 - (1,000) 0% SUPPLIES 76,000 3,310 (72,690) 4% FUEL CONSUMED 1,000 - (1,000) 0% SUPPLIES PURCHASED FOR INVENTORY/RESALE 321,800 109 (321,691) 0% SMALL EQUIPMENT 8,000 329 (7,672) 4% PROFESSIONAL SERVICES 1,000 - (1,000) 0% COMMUNICATIONS 3,000 100 (2,900) 3 % RENTAL/LEASE 9,996 66 (9,930) 1 % INSURANCE 34,083 32,700 (1,383) 96% UTILITIES 14,000 829 (13,171) 6% REPAIRS& MAINTENANCE 60,000 706 (59,294) 1% MISCELLANEOUS 6,000 624 (5,376) 10% INTERGOVERNMENTAL SERVICES 2,500 - (2,500) 0% MACHINERY/EQUIPMENT 165,000 39,728 (125,272) 24% INTERFUND SERVICES 10,000 - (10,000) 0% 1,042,840 95,403 S (947,437) 9% FIREMEN'S PENSION FUND (617) BENEFITS $ 63,000 $ 7,012 $ (55,988) 11% PENSION AND DISABILITY PAYMENTS 43,790 21,242 (22,548) 49% PROF SERVICES 2,000 - (2,000) 0% 108,790 28,254 80,536 26% TOTAL EXPENDITURE ALL FUNDS 78,777,802 5,184,008 (73,588,538) 7% 34 Packet Page 181 of 343 Title CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICES DEVELOPMENT SERVICES PARKS & RECREATION PUBLIC WORKS FACILITIES MAINTENANCE Title WATER UTILITY FUND STORM UTILITY FUND SEWER/WWTP UTILITY FUND CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2013 Adopted Budget 273,623 $ 234,758 287,190 729,506 526,187 1,492,018 499,200 11,455,569 8,931,185 364,180 1,619,042 3,360,903 1,718,975 1,344,159 32.836.495 $ 1/31/2013 penditures 15,899 $ 19,244 19,264 51,789 37,742 149,843 45,000 2,450,235 664,289 23,425 133,389 198,242 141,679 94,610 4.044.651 $ Variance (257,724) (215,514) (267,926) (677,717) (488,445) (1,342,175) (454,200) (9,005,334) (8,266,896) (340,755) (1,485,653) (3,162,661) (1,577,296) CITY OF EDMONDS EXPENDITURES - UTILITY- BY FUND IN S UMMARY 2013 Adopted Budget $ 9,196,851 $ 4,470,772 16,853,609 $ 30,521,232 $ 1/31/2013 penditures 189,830 $ 132,599 470,235 792,664 $ 791.844 Variance (9,007,021) (4,338,173) (16,383,374) (29,728,568) % Used % Used 6% 8% 7% 7% 7% 10% 9% 21% 7% 6% 8% 6% 8% 7% 12% 2% 3% 3% 3% Packet Page 182 of 343 35 This page is intentionally left blank. 36 Packet Page 183 of 343 Page 1 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2013 Adopted 1/31/2013 Title Budget Expenditures Variance %Used CITY COUNCIL SALARIES $ 114,618 $ 9,923 $ (104,695) 9% OVERTIME 2,000 100 (1,900) 5% BENEFIT S 68,165 5,802 (62,363) 9% SUPPLIES 1,000 - (1,000) 0% PROFESSIONAL SVC 53,082 - (53,082) 0% COMMUNICATIONS 3,000 - (3,000) 0% TRAVEL 2,500 35 (2,465) 1 % RENTAL/LEASE 490 39 (451) 8% REPAIRS✓MAINT 1,500 - (1,500) 0% MISCELLANEOUS 27,268 - (27,268) 0% 273,623 157899 (257,724) 6% OFFICEOFMAYOR SALARIES $ 180,363 $ 15,499 $ (164,864) 9% OVERTIME - - - 0% BENEFITS 41,595 3,485 (38,110) 8% SUPPLIES 2,000 104 (1,896) 5% PROFESSIONAL SVC 1,500 - (1,500) 0% COMMUNICATION 1,400 - (1,400) 0% TRAVEL 2,000 - (2,000) 0% RENTAL/LEASE 2,400 106 (2,294) 4% REPAIR/MAINT 500 - (500) 0% MISCELLANEOUS 3,000 50 (2,950) 2% 234,758 S 19,244 S (215,514) 80 o HUMAN RES O URC ES SALARIES $ 169,000 S 11,572 $ (157,428) 7% OVERTIME - - - 0% BENEFITS 6L680 3,856 (57,824) 6% SUPPLIES 2,000 122 (1,878) 6% SMALL EQUIPMENT 100 - (100) 0% PROFESSIONAL SVC 32,000 3,533 (28,467) 11% COMMUNICATIONS 500 - (500) 0% TRAVEL 500 - (500) 0% ADVERTISING 5,000 3 (4,997) 0% RENTAL/LEASE 2,000 106 (1,894) 5% REPAIR/MAINT 6,000 - (6,000) 0% MISCELLANEOUS 8 410 72 (8,338) 1% 287,190 19,264 (267,926) 7% MUNIC IPAL C O URT SALARIES $ 464,471 $ 37,249 $ (427,222) 8% OVERTIME 100 - (100) 0% BENEFITS 168,526 12,332 (156,194) 7% SUPPLIES 9,159 545 (8,614) 6% SMALL EQUIPMENT 2,000 - (2,000) 0% PROFESSIONAL SERVICES 60,500 855 (59,645) 1% COMMUNICATIONS 2,600 - (2,600) 0% TRAVEL 1,250 99 (1,151) 8% RENTAL/LEASE 650 - (650) 0% REPAIR/MAINT 1,000 - (1,000) 0% MISCELLANEOUS 19,250 708 (18,542) 4% 729,506 51,789 (677,717) 7% 37 Packet Page 184 of 343 Title CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2013 Adopted 1/31/2013 Budget Expenditures Variance Page 2 of 4 %Used CITY C LERK SALARIES AND WAGES $ 305,572 $ 25,411 $ (280,161) 8% BENEFIT S 92,771 7,708 (85,063) 8% SUPPLIES 13,760 356 (13,404) 3% PROFESSIONAL SERVICES 24,107 792 (23,315) 3% COMMUNICATIONS 50,000 1,000 (49,000) 2% TRAVEL 250 - (250) 0% ADVERTISING 3,690 949 (2,741) 26% RENTAL/LEASE 25,000 1,335 (23,665) 5% REPAIRS & MAINTENANCE 8,037 - (8,037) 0% MISCELLANEOUS 3,000 190 (2,810) 6% 526,187 37,742 488,445 7% ADMINISTRATIVE SERVICES SALARIES $ 682,370 $ 55,419 $ (626,951) 8% OVERTIME 4,000 272 (3,728) 7% BENEFIT S 220,100 17,981 (202,119) 8% SUPPLIES 35,700 24 (35,676) 0% SMALL EQUIPMENT 87,500 342 (87,158) 0% PROFESSIONAL SERVICES 126,350 16,866 (109,484) 13% COMMUNICATIONS 58,960 3,245 (55,715) 6% TRAVEL 3,300 - (3,300) 0% RENTAL/LEASE 8,988 591 (8,397) 7% REPAIR/MAINT 171,750 32,762 (138,988) 19% MISCELLANEOUS 8,000 1,085 (6,915) 14% MACHINERY/EQUIPMENT 85,000 21,257 (63,743) 25% 1,492,018 149,843 (1,342,175) 10% CITY ATTORNEY PROFESSIONAL SVC $ 499,200 $ 45,000 $ (454,200) 9% MISC PROSECUTOR - - - 0% 499,200 45,000 (454,200) 9% NON -DEPARTMENTAL SALARIES $ 136,000 $ - $ (136,000) 0% BENEFITS - UNEMPLOYMENT 40,000 2,931 (37,069) 7% PROFESSIONAL SVC 380,000 5,000 (375,000) 1% COMMUNICATIONS - - - 0% RENTAL/LEASE 3,600 3,600 - 100% INSURANCE 396,193 395,999 (194) 100% MISCELLANEOUS 55,156 32,869 (22,287) 60% INTERGOVT SVC 7,532,912 2,009,092 (5,523,820) 27% ECA LOAN PAYMENT 190,000 - (190,000) 0% EXCISE TAXES 5,500 267 (5,233) 5% INTERFUND TRANSFERS 1,096,535 - (1,096,535) 0% GENERAL OBLIGATION BOND 1,163,245 - (1,163,245) 0% INSTALLMENT PURCHASES 64,014 - (64,014) 0% OTHER DEBT - - - 0% INTEREST ON LONG-TERM DEBT 185,614 - (185,614) 0% DEBT ISSUANCE COSTS 5,000 - (5,000) 0% FISCAL AGENT FEES - 478 478 0% INTERFUND SERVICES 201,800 - (201,800) 0% 11,455,569 2,450,235 (9,005,334) 21% 38 Packet Page 185 of 343 Page 3 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title SALARIES OVERTIME HOLIDAY BUYBACK BENEFIT S UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENTAL/LEASE REPAIR/MAINT MISCELLANEOUS INTERGOVTL SVC INTERFUND RENTAL COMMUNITY SERVICES ADMIN SALARIES BENEFIT S SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENTAL/LEASE REPAIR/MAINT MISCELLANEOUS DEVELO PMENT S ERVIC ES/PLANNING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENTAL/LEASE REPAIRS & MAINTENANCE MISCELLANEOUS ENGINEERING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL RENTAL/LEASE REPAIR/MAINT MISCELLANEOUS 2013 Adopted 1/31/2013 Budget Expenditures Variance %Used $ 5,169,010 $ 466,637 $ (4,702,373) 9% 400,000 24,948 (375,052) 6% 193,388 802 (192,586) 0% 1,728,703 151,150 (1,577,553) 9% 52,410 5,015 (47,395) 10% 94,100 2,112 (91,988) 2% 14,300 - (14,300) 0% 95,200 4,894 (90,306) 5% 33,592 332 (33,260) 1% 16,300 - (16,300) 0% 375 - (375) 0% 538,344 874 (537,470) 0% 16,115 38 (16,077) 0% 35,300 2,518 (32,782) 7% 496,048 4,970 (491,079) 1 % 48,000 - (48,000) 0% 8,931,185 664,2 99 (8,266,896) 7% $ 213,304 $ 17,812 $ (195,492) 8% 62,052 5,205 (56,847) 8% 1,500 103 (1,397) 7% 800 - (800) 0% 51,670 - (51,670) 0% 1,490 64 (1,426) 4% 2,000 - (2,000) 0% 24,500 - (24,500) 0% 2,364 106 (2,258) 5% 500 - (500) 0% 4,000 135 (3,865) 3% 364,180 S 23,425 340,755 6% $ 1,032,549 $ 96,159 $ (936,390) 9% 1,300 25 (1,275) 2% 358,465 33,999 (324,466) 9% - - - 0% 13,000 289 (12,711) 2% 1,100 - (1,100) 0% 145,600 171 (145,429) 0% 4,000 97 (3,903) 2% 1,600 - (1,600) 0% 3,000 74 (2,926) 2% 32,828 1,478 (31,350) 5% 500 - (500) 0% 25,100 1,098 (24,002) 4% 1,619,042 133,389 (1,485,653) 8% $ 1,007,140 $ 83,626 $ (923,514) 8% 5,000 - (5,000) 0% 342,150 30,939 (311,211) 9% 360 - (360) 0% - - - 0% 2,000 - (2,000) 0% 5,000 - (5,000) 0% 6,700 173 (6,527) 3% 600 - (600) 0% 13,408 - (13,408) 0% 1,800 - (1,800) 0% 10,300 1,030 (9,270) 10% 1,394,458 115,768 1,278,690 8% Packet Page 186 of 343 39 Page 4 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title PARKS & REC REATIO N SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS INTERGOVTL SVC PUBLIC WORKS SALARIES OVERTIME BENEFIT S SUPPLIES PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS FACILITIES MAINTENANCE SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES FUEL CONSUMED MINOR EQUIPMENT COMMUNICATIONS RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS TOTAL GENERAL FUND EXPENDITURES 2013 Adopted 1/31/2013 Budget Expenditures Variance %Used $ 1,735,424 $ 127,850 $ (1,607,574) 7% - 296 296 0% 582,236 44,601 (537,635) 8% 5,340 158 (5,182) 3% 131,925 3,042 (128,883) 2% 3,250 - (3,250) 0% 379,980 2,494 (377,486) 1% 28,218 384 (27,834) 1% 5,942 - (5,942) 0% 4,300 244 (4,056) 6% 149,152 3,479 (145,673) 2% 135,000 10,932 (124,068) 8% 51,845 194 (51,651) 0% 77,596 4,568 (73,028) 6% 70,695 - (70,695) 0% 3,360,903 198,242 T (3,162,661) 6% $ 225,381 $ 20,021 $ (205,360) 9% 200 - (200) 0% 76,157 5,453 (70,704) 7% 5,100 125 (4,975) 2% 200 - (200) 0% 1,200 20 (1,180) 2% 500 - (500) 0% 10,779 75 (10,704) 1% 2,600 218 (2,382) 8% 1,000 - (1,000) 0% 1,400 - (1,400) 0% 324,517 25,911 (298,606) 8% $ 621,104 $ 53,393 $ (567,711) 9% 2,500 - (2,500) 0% 249,515 19,625 (229,890) 8% 3,000 - (3,000) 0% 65,000 1,280 (63,720) 2% - - - 0% 6,000 - (6,000) 0% 13,000 587 (12,413) 5% 44,940 - (44,940) 0% 277,000 17,453 (259,547) 6% 60,000 2,272 (57,728) 4% 2,100 - (2,100) 0% 1,344,159 94,610 1,249,549 707o 32,836,495 4,044,651 (28,791,844) 12% Packet Page 187 of 343 e AM-5567 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 5 Minutes Submitted By: Frances Chapin Department: Parks and Recreation Committee: Parks, Planning, Public Works Tyne: Action Information Subject Title Authorization for Mayor to sign contract with Snohomish County for Tourism Promotion grant. Recommendation Forward authorization for Mayor to sign contract to Consent Agenda for full Council on March 19. Previous Council Action 12. A. Narrative The Parks, Recreation & Cultural Services Department applied for funding through the Snohomish County Tourism Promotion grants to help fund fabrication of several way -finding signs to replace and augment existing signage for major intersections at entryways to downtown. The City Lodging Tax Advisory Committee budgeted $10,000 in the 2013 approved budget to match the $11,000 grant from the County. The contract is an interlocal agreement between the City and the County. Attachments Grant contract Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Frances Chapin Final Approval Date: 03/07/2013 Form Review Date 03/07/2013 01:11 PM 03/07/2013 04:56 PM 03/07/2013 05:10 PM Started On: 03/07/2013 08:46 AM Packet Page 188 of 343 CONSULTANT: CONTACT PERSON: ADDRESS: TELEPHONE/FAX NUMBER: COUNTY DEPT: DEPT. CONTACT PERSON: TELEPHONE/FAX NUMBER: PROJECT: AMOUNT: FUND SOURCE: CONTRACT DURATION: City of Edmonds Frances Chapin 700 Main Street Edmonds, WA 98020 (425) 771-0228/(425) 771-0253 Executive Wendy Becker (425) 388-3186/(425) 388-3434 Wayfinding Signs $11,000.00 116501014104901 Contract execution through Dec. 31, 2013 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (the "Agreement") is made by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and City of Edmonds, a Washington municipality (the "Contractor"). R Prital c WHEREAS, by Section 1 of Resolution No. 79-335, adopted November 5, 1979 (and codified as SCC 4.40.010), the legislative body of the County levied a special excise tax on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property; and WHEREAS, by Section 1 of Resolution No. 79-335, as subsequently amended (and codified as SCC 4.40.050(1)), the legislative body of the County created a fund known as the "hotel/motel tax fund"; and WHEREAS, by Section 2 of Ordinance No. 87-062, adopted August 12, 1987 (codified as SCC 4.40.060), the County Council specified that the hotel -motel tax fund shall be used to support projects or purposes authorized under Chapter 67.28 RCW; and WHEREAS, Chapter 67.28 RCW permits the distribution of money from the hotel -motel AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 1 of 18 Packet Page 189 of 343 tax fund for tourism promotion, defined by RCW 67.28.180(2) (h)(ii) as "activities intended to attract visitors for overnight stays, arts, heritage, and cultural events, and recreational, professional, and amateur sports events"; and WHEREAS, by Section 4 of Ordinance No. 87-062 (codified as SCC 4.40.070), the County Council established an application and selection process for projects to be funded from the hotel -motel tax fund; and WHEREAS, pursuant to the procedures established by SCC 4.40.070, the County received applications for funding assistance from various eligible public and nonprofit entities in response to a public solicitation for such applications; and WHEREAS, the Snohomish County Lodging Tax Advisory Board evaluated the applications for eligibility and recommended funding levels for the projects, consistent with provisions of Chapter 67.28 RCW; and WHEREAS, by Motion No. 12-444, passed on January 16, 2013, the County Council authorized 2013 hotel -motel tax funding of the projects as set forth therein (or as subsequently amended by the Council) and authorized the County Executive to execute the necessary contracts. NOW, THEREFORE, in consideration of the mutual benefits and covenants contained herein, the parties agree as follows: 1. Purpose of Agreement; Scope of Services. The purposes of this Agreement are to produce a tourism -related promotional material in support of portions of Contractor's 2013 programming (the "Project") and to establish associated costs eligible for reimbursement by Snohomish County. The scope of services is as defined in Schedule A and shall be consistent with Schedule C, the Contractor's project application. Each of Schedules A and C is attached hereto and by this reference made a part hereof. The services shall be performed in accordance with the requirements of this Agreement and with generally accepted practices prevailing in the western Washington region in the occupation or industry in which the Contractor practices or operates at the time the services are performed. The Contractor shall perform the work in a timely manner and in accordance with the terms of this Agreement. Any materials or equipment used by the Contractor in connection with performing the services shall be of good quality. The Contractor represents that it is fully qualified to perform the services to be performed under this Agreement in a competent and professional manner. The Contractor will prepare and present status reports and other information regarding performance of the Agreement as the County may request. AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 2 of 18 Packet Page 190 of 343 2. Term of Agreement; Time of Performance. This Agreement shall be effective upon mutual execution (the "Effective Date") and shall terminate on December 31, 2013. The Contractor shall commence work upon the Effective Date and shall complete the work required by this Agreement no later than December 31, 2013, PROVIDED, HOWEVER, that the County's obligations after December 31, 2013 are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with the County Charter and applicable law. 3. Compensation. a. Services. The County will pay the Contractor for services as and when set forth in Schedule B, which is attached hereto and by this reference made a part of this Agreement. b. Overhead and Expenses. The Contractor's compensation for services set forth in Section 3a above includes overhead and expenses and no separate claims for reimbursement of overhead or expenses will be allowed under this Agreement. c. Invoices. Upon completion of the Project, the Contractor shall submit a properly executed invoice to the County indicating that all of the work has been performed and the amount of the flat fee due from the County. The invoice shall include an itemization of any reimbursable expenses incurred by the Contractor in performing the work, together with reasonable documentation substantiating such expenses, all in accordance with this Section 3 and Schedule A. Subject to Section 8 of this Agreement, the County will pay the invoice within thirty (30) calendar days of receipt. d. Contract Maximum. Total charges under this Agreement, all fees and expenses included, shall not exceed $11,000 for the Agreement. 4. Independent Contractor. The Contractor agrees that Contractor will perform the services under this Agreement as an independent contractor and not as an agent, employee, or servant of the County. This Agreement neither constitutes nor creates an employer -employee relationship. The parties agree that the Contractor is not entitled to any benefits or rights enjoyed by employees of the County. The Contractor specifically has the right to direct and control Contractor's own activities in providing the agreed services in accordance with the specifications set out in this Agreement. The County shall only have the right to ensure performance. Nothing in this Agreement shall be construed to render the parties partners or joint venturers. The Contractor shall furnish, employ and have exclusive control of all persons to be engaged in performing the Contractor's obligations under this Agreement (the "Contractor personnel"), and shall prescribe and control the means and methods of performing such obligations by providing adequate and proper supervision. Such Contractor personnel shall for all purposes be solely the employees or agents of the Contractor and shall not be deemed to be employees or agents of the County for any purposes whatsoever. With respect to Contractor AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 3 of 18 Packet Page 191 of 343 personnel, the Contractor shall be solely responsible for compliance with all rules, laws and regulations relating to employment of labor, hours of labor, working conditions, payment of wages and payment of taxes, including applicable contributions from Contractor personnel when required by law. Because it is an independent contractor, the Contractor shall be responsible for all obligations relating to federal income tax, self-employment or FICA taxes and contributions, and all other so-called employer taxes and contributions including, but not limited to, industrial insurance (workers' compensation). The Contractor agrees to indemnify, defend and hold the County harmless from any and all claims, valid or otherwise, made to the County because of these obligations. The Contractor assumes full responsibility for the payment of all payroll taxes, use, sales, income, or other form of taxes, fees, licenses, excises or payments required by any city, county, federal or state legislation which are now or may during the term of the Agreement be enacted as to all persons employed by the Contractor and as to all duties, activities and requirements by the Contractor in performance of the work under this Agreement. The Contractor shall assume exclusive liability therefor, and shall meet all requirements thereunder, pursuant to any rules or regulations that are now or may be promulgated in connection therewith. 5. Ownership. Any and all data, reports, analyses, documents, photographs, pamphlets, plans, specifications, surveys, films or any other materials created, prepared, produced, constructed, assembled, made, performed or otherwise produced by the Contractor or the Contractor's subcontractors or consultants for delivery to the County under this Agreement shall be the sole and absolute property of the County. Such property shall constitute "work made for hire" as defined by the U.S. Copyright Act of 1976, 17 U.S.C. § 101, and the ownership of the copyright and any other intellectual property rights in such property shall vest in the County at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and register, and the ability to transfer these rights. 6. Changes. No changes or additions shall be made in this Agreement except as agreed to by both parties, reduced to writing and executed with the same formalities as are required for the execution of this Agreement. 7. County Contact Person. The assigned contact person (or project manager) for the County for this Agreement shall be: Name: Wendy Becker Title: Economic and Cultural Development Officer Department: Executive Office Telephone: (425) 388-3186 Email: wendy.beckerksnoco.org 8. County Review and Approval. When the Contractor has completed any discrete AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 4 of 18 Packet Page 192 of 343 portion of the services, the Contractor shall verify that the work is free from errors and defects and otherwise conforms to the requirements of this Agreement. The Contractor shall then notify the County that said work is complete. The County shall promptly review and inspect the work to determine whether the work is acceptable. If the County determines the work conforms to the requirements of this Agreement, the County shall notify the Contractor that the County accepts the work. If the County determines the work contains errors, omissions, or otherwise fails to conform to the requirements of this Agreement, the County shall reject the work by providing the Contractor with written notice describing the problems with the work and describing the necessary corrections or modifications to same. In such event, the Contractor shall promptly remedy the problem or problems and re -submit the work to the County. The Contractor shall receive no additional compensation for time spent correcting errors. Payment for the work will not be made until the work is accepted by the County. The Contractor shall be responsible for the accuracy of work even after the County accepts the work. If the Contractor fails or refuses to correct the Contractor's work when so directed by the County, the County may withhold from any payment otherwise due to the Contractor an amount that the County in good faith believes is equal to the cost the County would incur in correcting the errors, in re -procuring the work from an alternate source, and in remedying any damage caused by the Contractor's conduct. 9. Subcontracting and Assignment. The Contractor shall not subcontract, assign, or delegate any of the rights, duties or obligations covered by this Agreement without prior express written consent of the County. Any attempt by the Contractor to subcontract, assign, or delegate any portion of the Contractor's obligations under this Agreement to another party in violation of the preceding sentence shall be null and void and shall constitute a material breach of this Agreement. 10. Records and Access; Audit; Ineligible Expenditures. The Contractor shall maintain adequate records to support billings. Said records shall be maintained for a period of seven (7) years after completion of this Agreement by the Contractor. The County or any of its duly authorized representatives shall have access at reasonable times to any books, documents, papers and records of the Contractor which are directly related to this Agreement for the purposes of making audit examinations, obtaining excerpts, transcripts or copies, and ensuring compliance by the County with applicable laws. Expenditures under this Agreement, which are determined by audit to be ineligible for reimbursement and for which payment has been made to the Contractor, shall be refunded to the County by the Contractor. 11. Indemnification. To the maximum extent permitted by law and except to the extent caused by the sole negligence of the County and, if any funds for this Agreement are provided by the State, the State, the Contractor shall indemnify and hold harmless the County and the State, their officers, officials, agents and employees, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature arising out of, in connection with, or AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 5 of 18 Packet Page 193 of 343 incidental to the services and/or deliverables provided by or on behalf of the Contractor. In addition, the Contractor shall assume the defense of the County and, if applicable, the State and their officers and employees in all legal or claim proceedings arising out of, in connection with, or incidental to such services and/or deliverables and shall pay all defense expenses, including reasonable attorneys' fees, expert fees and costs incurred by the County and, if applicable, the State, on account of such litigation or claims. The above indemnification obligations shall include, but are not limited to, all claims against the County and, if applicable, the State by an employee or former employee of the Contractor or its subcontractors, and the Contractor, by mutual negotiation, expressly waives all immunity and limitation on liability, as respects only the County and, if applicable, the State, under any industrial insurance act, including Title 51 RCW, other worker's compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. In the event that the County or, if applicable, the State incurs any judgment, award and/or cost including attorneys' fees arising from the provisions of this section, or to enforce the provisions of this section, any such judgment, award, fees, expenses and costs shall be recoverable from the Contractor. In addition to injuries to persons and damage to property, the term "claims," for purposes of this provision, shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in an unfair trade practice. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. Nothing contained within this provision shall affect or alter the application of any other provision contained within this Agreement. 12. Insurance Requirements. The Contractor shall procure by the time of execution of this Agreement, and maintain for the duration of this Agreement, (i) insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the services hereunder by the Contractor, its agents, representatives, or employees, and (ii) a current certificate of insurance and additional insured endorsement when applicable. a. General. Each insurance policy shall be written on an "occurrence" form, except that Professional Liability, Errors and Omissions coverage, if applicable, may be written on a claims made basis. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 6 of 18 Packet Page 194 of 343 an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of completion of the work which is the subject of this Agreement. By requiring the minimum insurance coverage set forth in this Section 12, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Agreement. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. b. No Limitation on Liability. The Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the County's recourse to any remedy available at law or in equity. c. Minimum Scope and Limits of Insurance. The Contractor shall maintain coverage at least as broad as, and with limits no less than: (i) General Liability: $1,000.000.00 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $1,000.000.00 aggregate limit. CG 00 01 current edition, including Products and Completed Operations; (ii) Automobile Liability: $1,000.000.00 combined single limit per accident for bodily injury and property damage. CA 0001 current edition, Symbol 1; (iii) Workers' Compensation: To meet applicable statutory requirements for workers' compensation coverage of the state or states of residency of the workers providing services under this Agreement; and (iv) Employers' Liability or "Stop Gap" coverage: $1,000.000.00. d. Other Insurance Provisions and Requirements. The insurance coverages required in this Agreement for all liability policies except workers' compensation and Professional Liability, if applicable, must contain, or must be endorsed to contain, the following provisions: (i) The County, its officers, officials, employees and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. Such coverage shall be primary and non-contributory insurance as respects the County, its officers, officials, employees and agents. Additional Insured Endorsement shall be included with the certificate of insurance, "CG 2026 07/04" or its equivalent is required. (ii) The Contractor's insurance coverage shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (iii) Any deductibles or self -insured retentions must be declared to, and approved by, the County. The deductible and/or self -insured retention of the policies AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 7 of 18 Packet Page 195 of 343 shall not limit or apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. (iv) Insurance coverage must be placed with insurers with a Best's Underwriting Guide rating of no less than A:VIII, or, if not rated in the Best's Underwriting Guide, with minimum surpluses the equivalent of Best's surplus size VIII. Professional Liability, Errors and Omissions insurance coverage, if applicable, may be placed with insurers with a Best's rating of B+:VII. Any exception must be approved by the County. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits until after forty-five (45) calendar days' prior written notice has been given to the County. If at any time any of the foregoing policies fail to meet minimum requirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for approval. e. Subcontractors. The Contractor shall include all subcontractors as insureds under its policies, or shall furnish separate certificates of insurance and policy endorsements for each subcontractor. Insurance coverages provided by subcontractors instead of the Contractor as evidence of compliance with the insurance requirements of this Agreement shall be subject to all of the requirements stated herein. 13. County Non-discrimination. It is the policy of the County to reject discrimination which denies equal treatment to any individual because of his or her race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability as provided in Washington's Law against Discrimination, Chapter 49.60 RCW, and the Snohomish County Human Rights Ordinance, Chapter 2.460 SCC. These laws protect against specific forms of discrimination in employment, credit transactions, public accommodation, housing, county facilities and services, and county contracts. The Contractor shall comply with the substantive requirements of Chapter 2.460 SCC, which are incorporated herein by this reference. Execution of this Agreement constitutes a certification by the Contractor of the Contractor's compliance with the requirements of Chapter 2.460 SCC. If the Contractor is found to have violated this provision, or to have furnished false or misleading information in an investigation or proceeding conducted pursuant to this Agreement or Chapter 2.460 SCC, this Agreement may be subject to a declaration of default and termination at the County's discretion. This provision shall not affect the Contractor's obligations under other federal, state, or local laws against discrimination. 14. Federal Non-discrimination. Snohomish County assures that no persons shall on the grounds of race, color, national origin, or sex as provided by Title VI of the Civil Rights Act AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 8 of 18 Packet Page 196 of 343 of 1964 (Pub. L. No. 88-352), as amended, and the Civil Rights Restoration Act of 1987 (Pub. L. No. 100-259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any County sponsored program or activity. Snohomish County further assures that every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not. 15. Employment of County Employ. SCC 2.50.075, "Restrictions on future employment of County employees," imposes certain restrictions on the subsequent employment and compensation of County employees. The Contractor represents and warrants to the County that it does not at the time of execution of this Agreement, and that it shall not during the term of this Agreement, employ a former or current County employee in violation of SCC 2.50.075. For breach or violation of these representations and warranties, the County shall have the right to terminate this Agreement without liability. 16. Compliance with Other Laws. The Contractor shall comply with all other applicable federal, state and local laws, rules, and regulations in performing this Agreement. 17. Compliance with Grant Terms and Conditions. The Contractor shall comply with any and all conditions, terms and requirements of any federal, state or other grant, if any, that wholly or partially funds the Contractor's work hereunder. 18. Prohibition of Contingency Fee Arrangements. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the County shall have the right to terminate 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. 19. Force Majeure. If either party is unable to perform any of its obligations under this Agreement as a direct result of an unforeseeable event beyond that party's reasonable control, including but not limited to an act of war, act of nature (including but not limited to earthquake and flood), embargo, riot, sabotage, labor shortage or dispute (despite due diligence in obtaining the same), or governmental restriction imposed subsequent to execution of the Agreement (collectively, a "force majeure event"), the time for performance shall be extended by the number of days directly attributable to the force majeure event. Both parties agree to use their best efforts to minimize the effects of such failures or delays. 20. Suspension of Work. The County may, at any time, instruct the Contractor in writing to stop work effective immediately, or as directed, pending either further instructions from the County to resume the work or a notice from the County of breach or termination under Section 21 of this Agreement. AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 9of18 Packet Page 197 of 343 21. Non -Waiver of Breach: Termination. a. The failure of the County to insist upon strict performance of any of the covenants or agreements contained in this Agreement, or to exercise any option conferred by this Agreement, in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. b. If the Contractor breaches any of its obligations hereunder, and fails to cure the same within five (5) business days of written notice to do so by the County, the County may terminate this Agreement, in which case the County shall pay the Contractor only for the services and corresponding reimbursable expenses, if any, accepted by the County in accordance with Sections 3 and 8 hereof. c. The County may terminate this Agreement upon five (5) business days' written notice to the Contractor for any reason other than stated in subparagraph b above, in which case payment shall be made in accordance with Sections 3 and 8 hereof for the services and corresponding reimbursable expenses, if any, reasonably and directly incurred by the Contractor in performing this Agreement prior to receipt of the termination notice. d. Termination by the County hereunder shall not affect the rights of the County as against the Contractor provided under any other section or paragraph herein. The County does not, by exercising its rights under this Section 21, waive, release or forego any legal remedy for any violation, breach or non-performance of any of the provisions of this Agreement. At its sole option, the County may deduct from the final payment due the Contractor (i) any damages, expenses or costs arising out of any such violations, breaches or non-performance and (ii) any other set -offs or credits including, but not limited to, the costs to the County of selecting and compensating another contactor to complete the work of the Agreement. 22. Notices. All notices and other communications shall be in writing and shall be sufficient if given, and shall be deemed given, on the date on which the same has been mailed by certified mail, return receipt requested, postage prepaid, addressed as follows: If to the County: Snohomish County Office of Economic Development 3000 Rockefeller Avenue Everett, Washington 98201 Attention: Wendy Becker Economic and Cultural Dev. Officer and to: Snohomish County Purchasing Division 3000 Rockefeller Avenue, M/S 507 Everett, Washington 98201 Attention: Cathy Robinson Purchasing Manager AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 10 of 18 Packet Page 198 of 343 If to the Contractor: City of Edmonds 700 Main Street Edmonds, WA 98020 Attention: Frances Chapin Cultural Services Manager The County or the Contractor may, by notice to the other given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent. 23. Confidentiality. The Contractor shall not disclose, transfer, sell or otherwise release to any third party any confidential information gained by reason of or otherwise in connection with the Contractor's performance under this Agreement. The Contractor may use such information solely for the purposes necessary to perform its obligations under this Agreement. The Contractor shall promptly give written notice to the County of any judicial proceeding seeking disclosure of such information. 24. Public Records Act. This Agreement and all public records associated with this Agreement shall be available from the County for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the custody of the Contractor are needed for the County to respond to a request under the Act, as determined by the County, the Contractor agrees to make them promptly available to the County. If the Contractor considers any portion of any record provided to the County under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the Contractor shall clearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the Act to inspect or copy the information so identified by the Contractor and the County determines that release of the information is required by the Act or otherwise appropriate, the County's sole obligations shall be to notify the Contractor (a) of the request and (b) of the date that such information will be released to the requester unless the Contractor obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the Contractor fails to timely obtain a court order enjoining disclosure, the County will release the requested information on the date specified. The County has, and by this section assumes, no obligation on behalf of the Contractor to claim any exemption from disclosure under the Act. The County shall not be liable to the Contractor for releasing records not clearly identified by the Contractor as confidential or proprietary. The County shall not be liable to the Contractor for any records that the County releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. 25. Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties. The language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings of this Agreement are used only AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 11 of 18 Packet Page 199 of 343 for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 26. Complete Agreement. This Agreement constitutes the entire understanding of the parties. Any written or verbal agreements that are not set forth herein or incorporated herein by reference are expressly excluded. 27. Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 28. No Third Party Beneficiaries. The provisions of this Agreement are for the exclusive benefit of the County and the Contractor. This Agreement shall not be deemed to have conferred any rights, express or implied, upon any third parties. 29. Governiniz Law; Venue. This Agreement shall be governed by the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. 30. Severability. Should any clause, phrase, sentence or paragraph of this agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. 31. Authority. Each signatory to this Agreement represents that he or she has full and sufficient authority to execute this Agreement on behalf of the County or the Contractor, as the case may be, and that upon execution of this Agreement it shall constitute a binding obligation of the County or the Contractor, as the case may be. 32. Survival. Those provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. 33. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement. SNOHOMISH COUNTY: County Executive CITY OF EDMONDS: Date DAVE EARLING Mayor AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Date Page 12 of 18 Packet Page 200 of 343 Approved as to insurance and indemnification provisions: Risk Management Approved as to form only: Approved as to form only: Date Legal Counsel to the Contractor Date Deputy Prosecuting Attorney Date AGREEMENT FOR PROFESSIONAL SERVICES WITH CITY OF EDMONDS Page 13 of 18 Packet Page 201 of 343 Schedule A Scope of Services CONTRACTOR: CITY OF EDMONDS PROJECT: WAYFINDING SIGNS 1. The Contractor will: (a) fabricate four (4) medium sized wayfinding signs to place in yet to be determined locations throughout the City of Edmond for (the "Project"); and (b) fabricate two (2) large wayfinding signs to place in yet to be determined locations throughout the City of Edmond for (the "Project"). In addition, • The Contractor shall work with the Snohomish County Tourism Bureau (the "Tourism Bureau") to ensure that any published materials prepared with financial assistance from County funds are consistent with the County's graphics standards as set forth in more detail in paragraph 2 below. • Any publications produced as a result of this Project shall prominently feature the following credit: MADE POSSIBLE IN PART BY ASSISTANCE FROM THE SNOHOMISH COUNTY HOTEL -MOTEL TAX FUND. • The Contractor will project the number of overnight visits the Project will generate and, as a condition to being funded in the future, report on the results. Alternatively, the Contractor can report on initiatives undertaken by it in concert with the Tourism Bureau to incorporate the funded Project in trip packaging which promotes overnight stays. • The Contractor will place on its website a link provided by the Tourism Bureau to the Washington Reservation Booking Engine and provide the "click-thru" data in its report accompanying its invoice for reimbursement. • If the Project will occur within a city or cities that collect their own lodging tax, the Contractor shall approach such city or cities for funding assistance for the Project. Prior to or concurrent with its first invoice to the County for this Project, the Contractor shall provide a written report to the County on the results of the Contractor's approaches to that city or those cities. If such approaches were not made by the Contractor, the Contractor shall explain in detail in that report its reasons for not doing so. The provision of the report shall be a pre -condition for the County's reimbursing the Contractor for services provided under this Agreement. 2. Through the auspices of the Tourism Bureau, the County pursues a long-range tourism development and marketing strategy. Part of that strategy is to foster the visual integration of published tourism materials in Snohomish County. For that purpose, the Tourism Bureau has developed a package of design guidelines which includes a logotype, a tag line and a family of colors. If any printed materials or print medium advertisements are produced as part of the Project that is the subject of this Agreement, the following requirement will apply: (i) The Contractor will coordinate design of printed materials produced under the Agreement with the Tourism Bureau with the goal of applying the design guidelines to printed materials produced hereunder. (ii) The Contractor will submit the proposed design to the County's contact set forth in Section 7 of the Agreement for review and approval prior to printing the production run. EVE Packet Page 202 of 343 3. To ensure that out -of -county visitors are attracted to the Project, the Contractor will direct more than fifty percent (50%) of any promotional materials underwritten in whole or in part by County funds at recipients outside of Snohomish county. For written materials, this goal may be accomplished by mailing written materials out of the county and/or by placing appropriate written materials with the Tourism Bureau. At least fifty percent (50%) of any electronic advertising funded under this Agreement will be directed at audiences outside of Snohomish County. Packet Page 203 of 343 Schedule B Compensation 1. The Contractor will be reimbursed by the County for services provided and/or eligible expenses incurred in executing the Project pursuant to the Agreement in an amount not to exceed the Contract Maximum. 2. Expenses eligible for reimbursement under the Agreement are defined as those listed in the "COUNTY" column of the Project budget below. The Contractor shall submit an invoice to the County with itemized invoices from third parties for all eligible expenditures for which the Contractor seeks reimbursement. In -kind matching volunteer services shall be valued at a rate of $22.00 per hour or as invoiced to the Contractor by independent third parties at a commercially reasonable rate that is customary for such work. In addition, if County funds are to be used to pay in whole or in part any printed materials, print advertising or broadcast medium advertising, the Contractor will submit with the Contractor's reimbursement request for associated costs incurred: three (3) copies of printed materials; one copy of each print advertisement as printed; and one copy of the text of each broadcast medium advertisement. The Contractor will not be reimbursed for any expenses incurred by it which provide direct promotional benefit to a specific private business entity. In order to ensure timely closeout of the Project, the Contractor shall submit its invoice to the County no later than thirty (30) calendar days after completion of the services authorized by this Agreement and, in any event, no later than December 31, 2013. The Contractor's invoice shall be accompanied by a report summarizing the Project and how funds provided for the Project under this Agreement have enhanced tourism in Snohomish County. In no event shall the Contractor's invoice be paid by the County if it is submitted after December 31, 2013, or if it is not accompanied by the required report. PROJECT BUDGET ITEM COUNTY MATCH MATCH CASH IN -KIND 1. Sign Fabrication $11,000 $10,000 2. Consultant — Wording $200 3. Staff $792 Total $11,000 $10,992 Upon request of the Contractor and approval by the County Executive as provided in SCC 4.40.065(11), the Contractor may be authorized to shift funds within the items defined in the budget shown above subject to the following conditions: 1. No funds may be shifted without prior written authorization from the County's contact set forth in Section 7 of the Agreement. Authorization to shift funds must be sought and approved prior to anticipated need. Packet Page 204 of 343 2. Funds shifted shall aggregate no more than twenty percent (20%) of the total allocation amount. 3. Funds shifted shall be within the original allocation. Authorization to shift funds IS NOT authorization to exceed the original amount of the allocation. In no event shall payments by the County under the Agreement exceed the Contract Maximum. 4. Funds may only be shifted among items listed in the original budget. No new budget items or expenditure categories may be funded without an amendment to this Agreement. Packet Page 205 of 343 Schedule C Contractor's Project Application C-1 Packet Page 206 of 343 AM-5568 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 10 Minutes Submitted By: Frances Chapin Department: Parks and Recreation Committee: Parks, Planning, Public Works Tyne: Action Information Subject Title Authorization to send out Call for Artists RFQ for Five Corners Roundabout Project. 12. B. Recommendation Forward authorization to send out Call for Artists for Five Corners Roundabout to Council on Consent Agenda March 19, 2013. Previous Council Action Narrative The City of Edmonds Arts Commission has identified areas outside the core downtown for placement of public art funded by the 1% for art fund. The Five Corners Roundabout Project provides an opportunity to site public art in a key entryway to the downtown. In the defined public art process the City Council approves Calls for Artists before they are sent out. For the Five Corners Roundabout Project the Arts Commission approved development of a Call for Artists on February 4, 2013 and reviewed the Call on March 4, 2013. The primary project site is the center of the roundabout. The goal of the artwork portion of the project is to work with the overall design to provide enhanced visual identity, a distinctive sense of place, and a unique signature for the Five Corners neighborhood. Up to three selected finalists will be contracted to develop concept designs for the site. Concept designs will be presented at a public meeting prior to selection of the artist for the project. In addition to representatives from City Council and the Arts Commission, the selection jury includes a member of the business community from Five Corners and a resident from the area. The budget is $25,000 artist fee plus $2,100 design fees for a total of $$27,100. Call for Artists Inbox City Clerk Mayor Finalize for Agenda Form Started By: Frances Chapin Final Approval Date: 03/07/2013 Reviewed By Sandy Chase Dave Earling Sandy Chase Attachments Form Review Date 03/07/2013 02:10 PM 03/07/2013 04:56 PM 03/07/2013 05:10 PM Started On: 03/07/2013 08:49 AM Packet Page 207 of 343 Call for Artists - RFQ City of Edmonds Five Corners Roundabout Project Project fabrication and installation budget - $20,000 City of Edmonds Arts Commission Deadline May 1, 2013 The City of Edmonds has funding available for artwork which will be a major visual identity element in the Five Corners Roundabout project at the intersection of 2121" and 84th. An existing five way stop intersection will be renovated with a new single lane roundabout. The intersection is two blocks from the main high school, serves as a gateway to the "bowl" portion of downtown Edmonds, and is a neighborhood shopping district with coffee shop, restaurants, gym, church, gas station and service businesses. The artwork site is in the center of the roundabout, a raised landscape area. The goal of the artwork portion of the project is to provide greater visual identity, a distinctive sense of place, and a unique signature for the Five Corners neighborhood. Edmonds' reputation as a vibrant arts community is anchored in the downtown/waterfront where artworks by prominent northwest artists are featured in the public art collection. This project is an opportunity to provide a visual gateway to the downtown leading from the more urban Highway 99 area of the community. SITE DESCRIPTION The project area is the center of the roundabout. PROJECT DESCRIPTION The Edmonds Arts Commission is seeking an artist or artist team to create an artwork or artworks to create a distinctive visual identity for the Five Corners Roundabout. The artwork may be a single element or a series of elements working in conjunction with landscaping. Vertical height will be important for visual impact. Plans for the project should consider: • Location: The artwork should reflect the spirit and function of the neighborhood while keeping in mind the interest of pedestrians and drivers without being distracting or providing an attractive nuisance for pedestrians. • Clientele: The work should appeal to the public, to all ages and ethnic backgrounds, and reflect the values of the community. Maintenance: It is intended that this be a lasting work, requiring little maintenance, and should be installed to endure its public use. Artists should specify materials which meet these demands and consider issues of potential vandalism. Safety: The work must not create any hazard to public safety and must conform to local and State highway requirements. Packet Page 208 of 343 FUNDING The design and construction fees for this project are funded by the City of Edmonds 1% for the Arts Ordinances and Cumulative Art Reserve Funds. Site preparation will be included in the construction budget for the roundabout. Up to three artists from the open competition may be invited to submit a site specific design. An honorarium of $700.00 will be paid for each finalist's design. Designs not selected will remain the property of the artist. . A total of $20,000 is available for artwork fabrication and installation once a design has been approved. Art costs shall include, but not be limited to: materials, fabrication, insurance, installation, and sales tax. SELECTION This is an open regional competition for Northwest artists. The selection panel will be composed of members representing: the City Council, Arts Commission, City Staff, citizens -at -large, and artists or art professionals. Successful applicants will demonstrate a strong innovative approach to design, good communication skills, and knowledge of materials. MATERIALS TO SUBMIT (one copy of each) Up to twelve digital images* - annotated - which demonstrate quality and strength of past works. Current resume including public art experience. A cover letter describing your interest and abilities in working with this project. * Digital images: Images should be in jpeg file format. Each file should be named with artist surname and image number to correspond with annotated image list (for example: 01 Smith). Maximum image size no more that 300 dpi and no larger than 1024 x 768 pixel resolution. DEADLINE — May 1, 2013 Must be received by Wednesday May 1, 2013 before 5:00 p.m. Send to: City of Edmonds Arts Commission, Public Art, 700 Main St., Edmonds WA 98020. PROPOSED SCHEDULE Deadline for material submission May 1, 2013 Finalist(s) selected for Honorariums May 9 Public Meeting/Finalists Designs due May 30 Recommendation to Arts Commission June 3 Presentation and Contract Approval by City Council June 11 and 18 Final design working with design team Fabrication & Installation For more information on this project, please contact Frances Chapin, the City of Edmonds Cultural Services Manager, at (425) 771-0228 or frances.chapin@edmondswa.gov Packet Page 209 of 343 AM-5549 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 15 Minutes Submitted For: Rob English Department: Engineering Committee: Parks, Planning, Public Works Subject Title State Route 104 Transportation Study Recommendation Submitted By: Robert English Tyne: Action Information Previous Council Action On October 16, 2012, the City Council added the Study to the Capital Improvement Program. On December 11, 2012, the City Council approved $50,000 for the State Route 104 Transportation Study. 12. C. Narrative This item has been placed on the committee's agenda to discuss the purpose and scope of work for the study. Inbox Reviewed By Engineering Megan Luttrell Public Works Kody McConnell City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Robert English Final Approval Date: 03/07/2013 Form Review Date 03/06/2013 03:11 PM 03/06/2013 03:22 PM 03/06/2013 04:41 PM 03/07/2013 04:59 PM 03/07/2013 05:10 PM Started On: 03/04/2013 10:07 AM Packet Page 210 of 343 AM-5555 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 5 Minutes Submitted For: Rob English Department: Engineering Committee: Parks, Planning, Public Works Subject Title Traffic Impact Fee Annual Report Submitted By: Megan Luttrell Tyne: Action Information Recommendation Forward item to the consent agenda for information at the March 19, 2013 Council meeting. Previous Council Action None. 12. D. Narrative In 2004, the City authorized the collection of Traffic Impact Fees to help pay for transportation projects that are needed to serve new growth and development. Pursuant to Section 18.82.080(C) of the Edmonds Community Development Code (ECDC), Attachment 1 is an accounting of the Traffic Impact Fee Fund for the year ending December 31, 2012. The City collected a total of $29,777.63 in traffic impact fees and interest of $188.79 during 2012. These revenues combined with the 2012 beginning fund balance of $358,854 resulted in total available funding of $388,820. On the expense side and in accordance with section 18.82.100 of the ECDC, the traffic impact fee fund paid $41,694 for the annual debt service to the Public Works Trust Fund (PWTF) for the 220th Street SW Improvements Project. The remaining balance of $347,126, plus impact fees collected in 2013, will be used to make the 2013 debt service payment ($41,497) on the 220th Street SW project and pay a large portion of the required local match for the Five Corners Roundabout project. Attachments Attachment 1 - 2012 Traffic Impact Fee Report Form Review Inbox Reviewed By Date Engineering Robert English 03/06/2013 04:56 PM Public Works Kody McConnell 03/07/2013 02:09 PM City Clerk Sandy Chase 03/07/2013 02:10 PM Mayor Dave Earling 03/07/2013 04:59 PM Finalize for Agenda Sandy Chase 03/07/2013 05:10 PM Form Started By: Megan Luttrell Started On: 03/05/2013 02:19 PM Final Approval Date: 03/07/2013 Packet Page 211 of 343 2012 Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.000.345.860.000.00 RECEIPTS Date Permit Number Receipt Number Applicant Previous ITE Land Use New ITE Land Use Notes Fee Collected With: Bus. License Bldg Permit I Fee Amount Site Address 02/08/12 bld20120014 054770 Red Petal Cakes Specialty Retail Coffee/Donut Shop TI X $5,397.45 321 Main Street 03/16/12 bld20100403 054932 Crosby vacant land SFR X $1,196.33 22211 93rd PI W 05/06/12 bld20120269 055258 Complete Dentistry Shopping Center Medical Office TI X $6,531.84 8129 Lake Ballinger Way 06/15/12 bld20120368 055430 John Gilbert vacant land SFR X $1,196.33 725 Spruce Street 06/22/12 bld20120369 055463 John Gilbert vacant land SFR X $1,196.33 723 Spruce Street 06/22/12 bld20120370 055464 John Gilbert vacant land SFR X $1,196.33 721 Spruce Street 06/25/12 bld20120219 055469 Bokhee Cooper vacant land SFR vested to old short X $840.72 809 9th Ave S plat 06/30/12 07/17/12 bld20110827 055597 Donald Devera vacant land SFR X $1,196.33 9807 224th St SW 08/22/12 bld20120446 055837 Janette Ronquillo vacant land SFR X $1,196.33 18007 Vista del Mar 08/28/12 bld20120175 055879 Todd Echelbarger vacant land SFR X $1,196.33 209 Elm Street 08/28/12 bld20120394 055883 Gregory Chandler vacant land SFR X $1,196.33 16124 N Mead Rd 09/18/12 bld20120576 056023 Larry Sundquist vacant land SFR X $1,196.33 21918 78th PI W 10/09/12 bld20120561 056174 Classico Homes Inc vacant land SFR vested to old short X $840.72 8540 202nd St SW plat 10/31/12 bld20120581 056297 Larry Sundquist vacant land SFR vested to old plat X $840.72 21914 78th PI W 10/31/12 bld20120579 056303 Larry Sundquist vacant land SFR vested to old plat X $840.72 Packet Page 212 of 343 Page 1 TRANSFERS 2012 Fund Name I Reference Transferred Total Beginning Balance $358,854.30 $364,251.75 $365,448.08 $371,979.92 $373,176.25 $374,372.58 $375,568.91 $376,409.63 JE120117 PWTF Annual-$41,694.10 Loan Payment $334,715.53 $335,911.86 $337,108.19 $338,304.52 $339,500.85 $340,697.18 $341,537.90 $342,378.62 2012 Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.000.345.860.000.00 RECEIPTS Permit Receipt Applicant Previous New Fee Collected With: Date Number Number Site Address ITE Land Use ITE Land Use Notes Bus. License Bldg Permit Fee Amount 21916 78th PI W 11/13/12 bId20120582 056580 Larry Sundquist vacant land SFR vested to old plat X $840.72 21912 78th PI W 11/13/12 bld20120578 056583 Larry Sundquist vacant land SFR vested to old plat X $840.72 21913 78th PI W 11/13/12 bld20120580 056586 Larry Sundquist vacant land SFR vested to old plat X $840.72 21911 78th PI W 11/13/12 bld20120662 056586 Stacie Echelbarger vacant land SFR X $1,196.33 1052 Alder Street TOTAL Traffic Impact Fess collected in 2012: $29,777.63 Interest Earned 2012 $188.79 Packet Page 213 of 343 Page 2 AM-5563 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 10 Minutes Submitted For: Rob English Department: Engineering Committee: Parks, Planning, Public Works Subject Title Purchasing Policy Revision for Public Works Projects. Submitted By: Megan Luttrell Tyne: Action Information Recommendation Forward this item to the consent agenda for approval at the March 19, 2013 Council meeting. Previous Council Action None. Narrative 12. E. The current Purchasing Policy and City Council practice on contracts over $100,000, requires the advertisement for construction bids and requests for qualifications (RFQ) to be reviewed by the Public Works, Parks and Planning Committee and then placed on the City Council agenda for approval. Each approval, whether for a RFQ or bid advertisement, can add as much as four weeks to the project delivery schedule, since there is only one Committee meeting per month. Staff is recommending the following changes to the City's Purchasing Policies to improve the efficiency and delivery of capital improvement projects. Professional Services Contracts The City Council must approve all professional services contracts over $100,000. The proposed revision would eliminate City Council's pre -approval of the RFQ on contracts over $100,000, if the project is in the City Council approved budget or Capital Improvement Program (CIP). If the project is not in the City Council approved budget or CIP and is over $100,000, then the RFQ would need to be approved by the City Council. Construction Contracts The City Council must approve the award of all construction contracts over $100,000. The proposed revision would eliminate the requirement for Council authorization to advertise for construction bids on construction contracts over $100,000, if the project is in the City Council approved budget or CIP. If the construction project is not in the City Council approved budget or CIP and is estimated to cost over $100,000, then authorization to advertise for construction bids would need to be approved by the City Council. No change is proposed to the City Council's approval authority of professional service or construction contracts. The proposed revisions will reduce project delivery schedules by as much as 8 weeks on projects designed by a consultant and by as much as 4 weeks on projects designed by City staff. The reduced delivery time may improve opportunities to bid projects during the winter and spring and may result in more contractor bids and lower bid prices. City staff time and cost required to prepare two agenda reports for a Committee meeting and City Council meeting could be redirected to other project management activities. Attachments Packet Page 214 of 343 Draft Revision to Purchasing Policies Inbox Reviewed By Engineering Megan Luttrell Public Works Kody McConnell City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Megan Luttrell Final Approval Date: 03/07/2013 Form Review Date 03/06/2013 03:19 PM 03/06/2013 03:22 PM 03/06/2013 04:41 PM 03/07/2013 05:03 PM 03/07/2013 05:10 PM Started On: 03/06/2013 03:12 PM Packet Page 215 of 343 City of Edmonds `1)c 1 g9v Purchasing Policies and Procedures jan„aRr 2012March 2013 Packet Page 216 of 343 Table of Contents Page Policy......................................................................................................................................................1 Purpose..................................................................................................................................................1 Authority................................................................................................................................................1 Parameters.............................................................................................................................................1 Procurement of Products.....................................................................................................................2 Procurement of Professional Services...............................................................................................2 A. Professional, Technical, and Other............................................................................................2 B. Architectural, Engineering, and Land Surveyor Services(A/E).................................................3 Procurementof Public Works..............................................................................................................3 BiddingRequirements..........................................................................................................................4 BidProcedures...................................................................................................................................4 Apprentice Requirements...................................................................................................................6 ResponsibleBidder Criteria...............................................................................................................8 SmallWorks Roster............................................................................................................................11 Limited Pubic Works Process.........................................................................................................12 Change Orders on Public Works Construction Contracts.............................................................13 Reimbursement of Expenses.............................................................................................................13 OtherIssues........................................................................................................................................13 InterlocalAgreements....................................................................................................................13 Sole Source Procurement..............................................................................................................14 SpecialMarket Conditions..............................................................................................................14 Emergencies...................................................................................................................................14 Record Retention Requirements....................................................................................................14 State Minimum Bidding Requirements...........................................................................................15 Conflictsof Interest.........................................................................................................................15 Formsand Templates....................................................................................................................15 Recyclables....................................................................................................................................15 SurplusItems..................................................................................................................................15 Store Issued Charge Cards............................................................................................................15 PurchaseCards..............................................................................................................................15 QuickChecks.................................................................................................................................15 EarlyRelease.................................................................................................................................15 PettyCash......................................................................................................................................15 BudgetAdjustments.......................................................................................................................16 Exclusive Contract Agreements.....................................................................................................16 Expenditures of Direct or Indirect Federal Financial Assistance....................................................16 FinanceCommittee........................................................................................................................16 City of Edmonds Purchasing Policy jaRuary 204-2March 2013 Packet Page 217 of 343 Page 1 of 16 Policy The City of Edmonds will acquire goods and services in a manner that results in the most efficient delivery of the same considering cost and value received. To avoid conflict of interest, procurement will be impartial. Procurement of goods and services will provide the City with the best quality for the best value and will be for the benefit of the public. Employees are prohibited from making purchases for personal use and charging any City vendor account. Purchases will be made within budget limits and to meet goals and objectives approved in the City's budget. Potential purchases that are not within budget limits will be pre -approved through a budget amendment process. All City purchases will ultimately be approved by the City Council through the voucher approval process. Purpose This administrative manual establishes City responsibilities and policies, procedures, and practices to follow to purchase equipment, materials, and services. All employees must follow established policies and procedures. The City's purchasing policies and procedures, however, are intended solely for the benefit of the City. Nothing therein shall be interpreted to create any specially benefited or protected class of persons, or any private cause of action against the City. Adherence to policies and procedures will ensure that public purchases and contracts are open, fair, and at the least cost to the public. Policies and procedures are divided into six major areas: 1) Procurement of Products, 2) Procurement of Professional Services, 3) Procurement of Public Works, 4) Bidding Requirements, 5) Reimbursement of Expenses, and 6) Other Issues. Authority A department director (or designee), acting within his/her department budget, is authorized to provide for supplies and services purchases. To ensure the City's fiscal responsibility, purchases are coordinated through the Finance Department. The City's procurement procedures are based on Revised Code of Washington minimum standards, Edmonds City Council adopted resolutions and ordinances, rules and guidelines from the State Auditor's Office, and recommendations from Municipal Research Services Center. Parameters Dollar -value ranges indicated pertain to each purchase (including tax, freight, handling and set up costs, if applicable). Purchases cannot be broken into multiple purchases to avoid compliance with State statutes and City policies. Procurement of goods or services specifically identified and approved by Council during the budget process are excluded from pre -approval requirements. Any contract that extends beyond the approved budget cycle or which has continuing provisions (indemnities) which impose obligations beyond the budget cycle must go to Council for authorization; provided that the Mayor (or designees) shall be authorized to execute contracts with indemnity provisions that survive expiration or termination of the contracts if the following conditions are met: (1) City Attorney determines that the indemnity provision is in a standard form that assigns risks in a manner consistent with the costs and purposes of the contract; and (2) the dollar value of the contract is less than $100,000. City of Edmonds Purchasing Policy jaRuary P01 PMarch 2013 Packet Page 218 of 343 Page 2 of 16 Procurement of Products Purchasing decisions costing $50,000 or less must be approved by the department director (or designee). Purchases costing between $10,000 and $25,000 require at least three telephone quotes from vendors (unless the items are from a sole source vendor), and completion of the vendor quote form. Purchasing decisions costing more than $25,000 but less than $50,000 must be approved by the department director (or designees). Purchases require written quotations from, if possible, at least three vendors (unless the items are from a sole source vendor). Purchasing decisions costing more than $50,000 but less than $100,000 must be approved by the department director and the Mayor (or their designees). Purchases require written quotations from, if possible, at least three vendors (unless the items are from a sole source vendor). Purchases in excess of $100,000 must be bid competitively (unless the items are from a sole source vendor). See Bidding Requirements below. The City Council must authorize the call for bids for a purchase estimated at $100,000 or more, as well as award the contract. When soliciting quotes, the City will not inform a vendor of other vendors' quotes. All quotes/bids must be awarded to the lowest responsible bidder. Procurement of Professional Services A. Professional, Technical, and Other Services 1. Professional, Technical and Other services include disciplines not specifically related to A/E such as attorneys, computer programmers, financial analysts, bond counsels, artists, planners, real estate appraisers, landscapers, etc. 2. Purchase of professional services requires completion of a City professional service contract that describes services to be performed and purchase price. 3. The department director (or designee) must approve purchases of professional services costing $50,000 or less, and provided funds have been budgeted is authorized to sign the contract. 4. The department director and the Mayor (or their designees) must approve purchases of professional services costing more than $50,000 but less than $100,000. The Mayor is authorized to sign the contract provided funds have been budgeted. Professional services with an estimated consultant fee of $100,000 or greater, require a focused public solicitation to ensure the consultant has the necessary expertise. If the work is not part of a project listed in the most current City Council Approved budget or CIP, a —A summary of the public solicitation must be put on the City Council agenda for approval prior to advertisement. The City Council must approve Professional Service contracts costing more than $100,000, and authorize the Mayor to sign the contract. Expertise, experience, including prior experience with the City, timeframe for completing projects, and the value of a negotiated agreement will be considered when choosing a consultant/firm to perform professional services. City of Edmonds Purchasing Policy oaT nary P01 PMarch 2013 Packet Page 219 of 343 Page 3 of 16 B. Architectural, Engineering and Land Surveyor Services (A/E) 1. Procurement of A/E services will be in accordance with Chapter 39.80 RCW. The statute requires advance notice of the need for professional services (RCW 39.80.030), evaluation of firms' qualifications and performance (RCW 39.80.040), and negotiation with firms in accordance with adjudged qualifications (RCW 39.80.050). A/E purchases will be coordinated through the Public Works Department to ensure compliance with State statutes. 2. The department director (or designee) are designated authority to approve advertising Requests for Qualifications (RFQ's) for A/E services when the estimated consultant contract fee is $50,000 or less and to approve proceeding with procurement of A/E services using the A/E Consultant Roster, provided funds have been budgeted by Council. 3. The department director and the Mayor (or their designees) must approve consultant contracts when the estimated consultant contract fee is greater than $50,000, but less than $100,000, provided funds have been budgeted.. The Mayor is authorized to sign the contract. Per Resolution 1155 the City utilizes the A/E consultant roster maintained by Municipal Research and Services Center (MRSC). 5. Selection of an A/E consultant from the consultant roster may be made if the estimated consultant fee is $100,000 or less. All projects with an estimated A/E consultant fee of $100,000 or greater, and projects that are sufficiently complex/unique will require a focused public solicitation advertised as a Request for Qualification (RFQ's) to ensure the A/E consultant has the necessary expertise. If the project is not listed in the City's current City Council Approved budget or CIP, Aa summary of the RFQ and project details must be put on the City Council agenda for approval prior to advertising the RFQ. The City Council must approve A/E Professional Service contracts costing more than $100,000, and authorize the Mayor to sign the contract. A selection panel, with a minimum of three employees, shall be used to select an A/E consultant when the estimated consultant fee exceeds $100,000. A selection panel is optional when the A/E consultant fee is estimated to be less than $100,000. Purchase of A/E services require completion of a City professional service contract that describes services to be performed and purchase price. Procurement of Public Works RCW 39.04.010 defines public works to include all work, construction, alteration, repair or improvement other than ordinary maintenance, executed at the cost of the City. (Most public works projects are multiple craft, defined as more than one type of work being executed.) 1. City employees may be used to perform public works projects until the accumulated costs of public works projects performed by them during a budget cycle meets ten percent of the City's public works construction budget; PROVIDED that, for any public works project costing more than fifty thousand dollars, if multiple crafts or trades are involved, or thirty thousand dollars, if only a single craft or trade is involved, must be bid competitively. See Bidding Requirements below. 2. Starting in January 1, 2010, the bid limits above will be sixty five thousand dollars and forty thousand dollars, respectively. City of Edmonds Purchasing Policy jaRuary 'P'zMarch 2013 Packet Page 220 of 343 Page 4 of 16 3. Once the accumulated cost of public works project performed by City employees during a budget cycle meets or exceeds ten percent of the City's public works construction budget, all other public works projects must be bid competitively, regardless of estimated costs. See Bidding Requirement below. 4. Public works projects are governed by prevailing wage requirements, regardless of contract amount. 5. Except as noted below for Small Works Roster or limited public works, a bid bond of five percent will be required on all public works bids, and a performance bond (or retainage for public works contracts of thirty five thousand dollars or less) will also be required pursuant to Chapter 39.08 RCW on public works contracts. Bidding Requirements The competitive bid process is generally (although not exclusively) used for public works projects. Dollar -value ranges indicated pertain to each purchase (including tax, freight, handling and set up costs, if applicable). Purchases cannot be broken into multiple purchases to avoid compliance with State statutes or City policies and procedures. Negotiations on bids are not permitted. Bid Procedures 1. Authorization for Bids Authorization to call for bids will be approved by the department director (or designee) for public works projects estimated at less than $50,000; and by the department director and the Mayor (or their designees) for a public works project costing more than $50,000 but less than $100,000. If the project is not included in the current City Council Approved budget or CIP, Tthe City Council must authorize the call for bids for a project estimated at $100,000 or more. 2. Publication of Notice After proper authorization, the requesting department director (or designee) will publish the advertisement for Bids reasonably in advance of the bid submittal deadline in the official newspaper or a newspaper of general circulation most likely to bring responsive bids. 3. Notice Contents Notice (or advertisement) for bids should contain definite specifications and procedures for bidders to use to estimate their bids. A bid notice for public work should include: - project title, - nature and scope of work or goods sought, - where contract documents (plans and specifications) can be reviewed or obtained, - cost, if any, to obtain a set of contract documents, - place, date, and time that bids are due, - place, date, and time that bids will be opened (if different from above), - materials and equipment to be furnished by the City, if any, - statement that a bid bond must accompany the bid for public works projects, and a - statement that the City retains the right to reject any and all bids and to waive minor irregularities in the bidding process. City of Edmonds Purchasing Policy jaRuary P01 PMarch 2013 Packet Page 221 of 343 Page 5 of 16 In addition, the City may provide evaluation criteria; minimum qualification expectations; date, time, and location of pre -bid conference (if applicable); and name, address, and telephone number of the project contact to assist bidders in preparing responsive submittals. 4. Bid Opening Bids are submitted to the City Clerk's Office, where they are time and date stamped and processed. No bids will be opened prior to the predetermined date and time. 5. Report on Bids The requesting department director will report on all bids received with a recommendation on the lowest responsible bidder, if any, or to reject all bids. 6. Bid Award Unless all bids are rejected, a winning bid must be awarded to the lowest responsible bidder by the department director (or designee) for a public works project costing less than $50,000; and by the department director and the Mayor (or their designees) for a public works project costing more than $50,000 but less than $100,000. The City Council must award bids which exceed $100,000. The City may chose to reject all bids for any reason. The following shall apply to bid solicitations: • Selection of a winning offer is based primarily on low bid, after factoring whenever possible such costs as maintenance and operations over the expected period of use. Consideration, however, may also be given for the following: • Ability, capacity, expertise and skill of the bidder to perform the contract. • Character, integrity, reputation, judgment, experience, and efficiency of bidder. • Ability to perform within time specified. • Quality of performance of previous contract(s). • Other information having a bearing on the decision to award the contract. • Minimum qualifications must be provided to ensure respondents are reasonably qualified. Minimum qualification requirement should be compared against the marketplace to ensure they are not overly restrictive. • To ensure consistency and fair process, the City will use standard forms, documents, contracts, and terms and conditions, when practical. The Public Works & Finance Departments will maintain templates for bid -related documents for use by departments. The City may use an evaluation selection committee to promote an open and proper selection. The requesting department director will appoint committee members to act in an advisory capacity. • When practical, the City will conduct a pre -bid conference to allow a thorough discussion of the City's expectations, intent, scope, specifications, and terms. Interested companies should be encouraged to attend. • Every bidder for a public works contract that is expected to cost one million dollars or more must submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of bidder to submit as City of Edmonds Purchasing Policy oaT nary P01 PMarch 2013 Packet Page 222 of 343 Page 6 of 16 part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the bid nonresponsive and, therefore, void. • If no responsive bid is received on the first call the City may readvertise and make a second call, or without any further call, it may enter into a negotiated contract, purchase the supplies, material or equipment or perform the work or improvement using its own employees. Apprentice Requirements A. Definitions. 1. "Apprentice" means an apprentice enrolled in a state -approved apprenticeship training program. 2. "Contractor" means a person, corporation, partnership, limited liability company, or joint venture entering into a contract with the City to construct a public work. 3. "Labor hours" refers to the total number of hours worked by workers receiving an hourly wage who are directly employed on the site of the public work and who are subject to state or federal prevailing wage requirements. "Labor hours" shall also include hours worked by workers employed by subcontractors on the site of the public work, and shall include additional hours worked as a result of a contract or project adjustment or pursuant to an agreed -upon change order. 4. "Estimated cost" means the anticipated cost of a public work, as determined by the City, based upon the expected costs of materials, supplies, equipment, and labor, but excluding taxes and contingency funds. 5. "Public work" refers to all City funded construction projects that constitute a public work pursuant to RCW 39.04.010 as now or hereafter amended and estimated to cost $250,000 or more. 6. "State -approved apprenticeship training program" means an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council. 7. "Subcontractor" means a person, corporation, partnership, limited liability company, or joint venture that has contracted with the contractor to perform all or part of the work to construct a public work by a contractor. B. Apprentice utilization. Apprentices shall be utilized for the construction of public works by contractors and subcontractors in accordance with this section. City of Edmonds Purchasing Policy oaT nary P01 PMarch 2013 Packet Page 223 of 343 Page 7 of 16 1. Apprenticeship utilization program goal. For public works contracts with an estimated cost of Two Hundred Fifty Thousand Dollars ($250,000) or more, the Director of Public Works, or his designee, is authorized to require that up to fifteen percent (15%) of the contract labor hours, including contractor and subcontractor hours, be performed by apprentices. 2. Contract requirements. Contract documents for such public works construction projects shall include provisions detailing the apprentice labor requirements. 3. Monitoring. The City will include an Apprenticeship Utilization Form for contractors to complete when submitting their bid documents, which identifies the intended usage of apprentices by the contractor and any subcontractors. This document will require the identification of individual apprentices by name and Washington State apprenticeship registration number, an estimate of the total apprentice labor hours, and the identification of apprentice hours to be worked by minorities, women, persons with disabilities and disadvantaged youth. This provision is not intended and shall not be used to discriminate against any applicant for training. In addition, the City will require the submittal of an Apprenticeship Verification Form by the contractor at the conclusion of the public works project that will identify the actual work performed by apprentices for the contractor and subcontractors. 4. Failure to meet utilization goal. Failure by a contractor to comply with established apprenticeship requirements, unless otherwise adjusted or waived in writing as set forth below, shall be deemed a breach of contract for which the City shall be entitled to all remedies allowed by law under the contract. Failure to comply with the apprenticeship requirements may also be considered evidence bearing on a contractor's qualification for award of future contracts with the City. 5. Adjustment and waiver. The Director of Public Works, or his designee, may adjust or waive the requirements of this section for a specific project at any time for the following reasons: (a) The demonstrated lack of availability of apprentices in specific geographic areas; (b) A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation; (c) The reasonable and necessary requirements of the contract render apprentice utilization infeasible at the required levels; City of Edmonds Purchasing Policy jaRuary P01 PMarch 2013 Page 8 of 16 Packet Page 224 of 343 (d) In order to meet the requirement, the contractor will be forced to displace members of its workforce; (e) The participating contractor has demonstrated a good faith effort to comply with the requirements of this section; and/or Other criteria deemed appropriate that are not inconsistent with the purpose and goals of this section. Responsible Bidder Criteria A. Mandatory responsible bidder criteria. 1. The bidder responsibility criteria set forth in this section shall be used by the Public Works Department to establish the minimum requirements for all contractors and subcontractors bidding on City contracts for public work (as those terms are defined in RCW 39.04.010). The bid documents shall set forth the documentation to be submitted by bidders to demonstrate their compliance with the mandatory responsible bidder criteria. 2. To be considered a responsible bidder and qualified to be awarded a City contract for public work, the bidder must: (a) At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW (contractor registration); (b) Have a current state unified business identifier (UBI) number; (c) If applicable, have: (i) industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; (ii) a state employment security department number as required in Title 50 RCW; and (iii) a state excise tax registration number as required in Title 82 RCW; (d) Not be disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3); and (e) Until December 31, 2013, not have violated RCW 39.04.370 more than one time as determined by the State Department of Labor and Industries. 3. A bidder must verify mandatory responsibility criteria for each first tier subcontractor, and a subcontractor of any tier that hires other subcontractors must verify mandatory responsibility criteria for each of its subcontractors. Verification shall include that each City of Edmonds Purchasing Policy jaRuary P01 PMarch 2013 Packet Page 225 of 343 Page 9 of 16 subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and ECC 18.00.060 and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license, if required by chapter 70.87 RCW. This verification requirement, as well as the mandatory responsibility criteria, must be included in every public works contract and subcontract of every tier. B. Supplemental responsible bidder criteria. 1. In addition to the mandatory bidder responsibility criteria set forth in ECC 18.00.060 (A), the Public Works Department may adopt in connection with a particular project relevant supplemental bidder responsibility criteria which the bidder must meet. Those supplemental criteria, including the basis for evaluation and the deadlines for requesting modification of the supplemental bidder responsibility criteria and for appealing a determination that a low bidder is not responsible under the supplemental bidder responsibility criteria, shall be provided in the invitation to bid or bidding documents. 2. As relevant to a particular project, supplemental bidder responsibility criteria may be included to require that: (a) The bidder shall not owe delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the Department of Revenue; (b) The bidder shall not currently be debarred or suspended by the federal government; (c) The bidder shall have complied with minority and women's business enterprises, disadvantaged business enterprises, or other similar utilization requirements or goals on federally -funded public works projects with such requirements completed by the bidder within three years of the bid submittal date, unless there are extenuating circumstances acceptable to the City; (d) The bidder shall not be listed as an ineligible contractor on the federal GSA Excluded Parties List System set forth by 31 U.S.0 § 6101 and Executive Order 13496; (e) If bidding on a public works project subject to the apprenticeship utilization requirements in ECC 18.00.050, the bidder: (i) shall not have been found out of compliance with apprenticeship requirements of ECC 18.00.050 unless otherwise excepted or waived in writing by the Mayor or the Mayor's designee pursuant to that section for a one-year period immediately preceding the date of the bid submittal deadline; and (ii) shall have complied with apprenticeship utilization goals on public works projects having such requirements that were completed by the bidder within a three-year period immediately preceding the date of the bid submittal deadline, unless there are extenuating circumstances acceptable to the City; City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 226 of 343 Page 10 of 16 (f) The bidder shall not have been convicted of a crime involving bidding on a public works contract within five years from the bid submittal deadline; (g) The bidder's standard subcontract form shall include the subcontractor responsibility language required by RCW 39.06.020, and the bidder shall have an established procedure which it utilizes to validate the responsibility of each of its subcontractors. The bidder's subcontract form shall also include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub -tier subcontractors with which it contracts are also "responsible" subcontractors as defined by RCW 39.06.020; (h) The bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects during the previous three years that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City; (i) The bidder shall have successfully completed projects of a similar size and scope as required by the contract documents for the project. In evaluating whether projects were successfully completed, the City may check owner references for previous projects and evaluate the owner's assessment of bidder performance, including but not limited to quality control, safety record, timeliness of performance, use of skilled personnel, management of subcontractors, availability of and use of appropriate equipment, compliance with contract documents, and management of submittals process, change orders and close-out; (j) The bidder shall not have had any public works contract terminated for cause by a government agency during the five year period immediately preceding the bid submittal deadline for the project, unless there are extenuating circumstances acceptable to the City; (k) The bidder shall not have judgments entered by a court of law against the bidder within five years of the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, unless there are extenuating circumstances acceptable to the City; and (1) The bidder shall not have a documented pattern of prevailing wage complaints filed against it within five years of the bid submittal date that demonstrates a failure to pay workers prevailing wages, unless there are extenuating circumstances acceptable to the City. 3. Supplemental bidder responsibility criteria may include any other criteria determined by the City to be relevant to the particular project being bid, including but not limited to the ability, capacity and skill of the bidder to perform, the experience and efficiency of the bidder, the financial situation of the bidder, and the performance of the bidder on previous contracts or services. 4. In a timely manner before the bid submittal deadline, a potential bidder may request that the City modify the supplemental bidder responsibility criteria. The City must evaluate the information submitted by the potential bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the City must publish an addendum to the bidding documents identifying the modified criteria. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 227 of 343 Page 11 of 16 5. If the bidder fails to supply information requested concerning responsibility within the time and manner specified in the bid documents, the City may base its determination of responsibility upon any available information related to the supplemental criteria or may find the bidder not responsible. 6. If the City determines a bidder to be not responsible, the City must provide, in writing, the reasons for the determination. The bidder may appeal the determination within the time period specified in the bidding documents by presenting additional information to the City. The City must consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the City may not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. 7. The invitation to bid or bidding documents shall specify the times, manner and means of communications, deadlines and determinations required by this section. Small Works Roster The City of Edmonds has entered into an agreement with Municipal Research and Services Center, whereas they will maintain the Small Works Roster. Resolution 1155, passed November 5, 2007 established a small works roster process to award public works contracts, and is incorporated below. The Mayor (or designee) is authorized to proceed with procurement from the Rosters, provided funds have been budgeted by Council. Use of the Small Works Roster allows the City to preclude the advertisement requirements and sealed bidding procedures of the formal competitive process. All other bidding procedures and requirements not in conflict remain the same. The following small works roster procedures are established for use by the City pursuant to RCW 39.04.155: Cost. The City need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed Three Hundred Thousand Dollars ($300,000.00), which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the City may use the small works roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. 2. Publication. At least once a year, on behalf of the City, MRSC shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to appropriate MRSC roster or rosters at any time that they submit a written request and necessary records. The City may require master contracts to be signed that become effective when a specific award is made using a small works roster. 3. Telephone or Written Quotations. The City shall obtain telephone, written or electronic quotations (in accordance with City of Edmonds Purchasing Policies and Procedures) for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04.350(1) and any pre -establish supplementary bidder criteria under RCW 39.04.350(2). City of Edmonds Purchasing Policy oaT nary P01 PlVarch 2013 Packet Page 228 of 343 Page 12 of 16 a) A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. b) Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. "Equitably distribute" means that the City may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. If the estimated cost of the work is from one hundred fifty thousand dollars ($150,000) to three hundred thousand dollars ($300,000), and the City chooses to solicit bids from at least five, but less than all the appropriate contractors on the appropriate small works roster, the City must notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The City has the sole option of determining whether this notice to the remaining contractors is made by: (i) publishing notice in a legal newspaper in general circulation in the area where the work is to be done; (ii) mailing a notice to these contractors; or (iii) sending a notice to these contractors by facsimile or email. c) At the time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project; d) A written record shall be made by the City representative of each contractor's bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. 4. Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty-five thousand dollars ($35,000), the City may award such a contract using the limited public works process provided under RCW 39.04.155(3). For a limited public works project, the City will solicit electronic or written quotations (note: no telephone quotations permitted) from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the City may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the City shall have the right of recovery against the contractor for any payments made on the contractor's behalf. The City shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 229 of 343 Page 13 of 16 5. Determining Lowest Responsible Bidder. The contract must be awarded to the contractor submitting the lowest responsible bid, or all bids must be rejected. If all bids are rejected, the City may call for new bids. A responsible bidder shall be a registered and/or licensed contractor who meets the mandatory bidder responsibility criteria established by RCW 39.04.350 and any supplementary criteria pre -established by the City. 6. Award. For contracts of $100,000 or more, the Mayor or his designee shall present all quotations/bids and recommendation for award of the contract to the lowest responsible bidder to the City Council for approval. For public works project contracts of less than $100,000, the Mayor or his designee shall have the authority to award public works contracts. 7. Bond and Other Requirements. Vendors/contractors selected off the Small Works Roster are not relieved from observing applicable legal requirements such as Bid Bond, Performance Bond, Retainage Requirements, Prevailing Wage, Labor and Material Bonding, etc. The City may waive bid bond for any solicitation using the Small Works Roster process, and/or performance bond for any contract awarded using the limited public works process. Change Orders on Public Works Construction Contracts Approval of change orders on Public Works Construction Contracts shall be in accordance with the following requirements: 1. City Council members shall be notified by e-mail of any change order in excess of $50,000. 2. City Council approval shall be required for: a) any change order in excess of $100,000 b) any change order which puts the total of change orders on a project over the designated management reserve. c) If City Council approval is required for a change order, but circumstances require a speedier approval, the Mayor is authorized to approve the required work provided that the change order and a written statement of the special circumstances requiring speedier approval is placed on the next City Council agenda for review. Reimbursement of Expenses Travel and Meeting Expenses Travel or training requires the requesting department director's prior approval. Expenses incurred on authorized travel will be reimbursed as submitted on the required, itemized, Claim for Expenses form. Receipts must be submitted with the claim form for all expenses except meals. To qualify for reimbursement, submitted expenses must be within 30 days of incurrence, reasonable and prudent under the circumstances, and directly relate to the conduct of City business or service. Reimbursement for personal expenses is prohibited. Travel mileage by private vehicle is reimbursed at the City's established rate, which is the current IRS rate. Other Issues Interlocal Aqreements Solicitation of bids/quotations is not required when purchases of materials, supplies, or equipment are made under State standard contracts or similar contracts executed by and through other local governments. The City Council must approve an interlocal agreement with the local government or State agency after confirming that the other government or agency has complied or intends to comply with its own statutory requirements and either (i) posted the bid or solicitation notice on a web site established City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 230 of 343 Page 14 of 16 and maintained by a public agency, purchasing cooperative, or similar service provider, for purposes of posting public notice of bid or proposal solicitations, or (ii) provided an access link on the state's web portal to the notice. Neither solicitation of bids/quotations nor interlocal agreement is required when purchasing materials, supplies, or equipment from or through the United States of America or any agency thereof (RCW 39.32.070). All internal procurement approval requirements must be observed and the process must comply with state statutory requirements. Sole Source Procurement If, after conducting a good faith review of available resources, the requesting department director determines that there is only one source of the required materials, supplies, equipment or service (including public works), a purchase may be awarded without complying with established bid requirements. The requesting department will submit a written request for sole source procurement with negotiated contract price, terms, conditions and delivery for approval. The vendor must certify that the City is getting the lowest price offered as compared to similarly situated clients, terms and conditions. Department directors can approve Sole Source purchases up to $50,000, the department director and the Mayor can approve sole source purchases costing more that $50,000 but less than $100,000. Council must approve sole source purchases costing more that $100,000. Immediately after the award of any sole source purchase, the factual basis for awarding the same must be recorded and open to public inspection. Special Market Conditions The City may waive established bidding requirements if an opportunity arises to purchase favorably - priced supplies, materials or equipment unrelated to public works projects that will be sold before the City can conduct the bid process. The City may waive established bidding requirements and acquire any supplies, materials, and equipment through an auction if the items can be purchased at a competitive price. Waiver will be authorized by the Mayor (or designee). Immediately after the award of any special market conditions contract, the contract and the factual basis for awarding the same must be recorded and open to public inspection. Emergencies In case of unforeseen circumstances beyond the control of the City that present a real and immediate threat to the City's ability to properly perform essential functions, or to City property or the safety of citizens and/or staff, the Mayor (or designee) can waive bid requirements to purchase supplies, materials, equipment or services to stabilize the emergency condition. Purchases must be properly documented as an emergency as soon as possible following the event. Within two weeks of confirming the emergency existed, the City Council will adopt a resolution certifying the emergency situation existed. Record Retention Requirements All quote/bid documents must be retained as indicated in the State of Washington Retention Schedule and be available for public inspection. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 231 of 343 Page 15 of 16 State Minimum Biddina Reauirements On a case by case basis, the City Council may waive any requirement contained in the City's purchasing policies and procedures as long as the result complies with applicable state laws. Conflicts of Interest The City will not accept donations of materials or services in return for a commitment to continue or initiate a purchasing agreement. No employee will participate in a procurement when they are aware of a conflict of interest, or accept gifts or gratuities from existing or potential vendors in return for a commitment to continue or initiate a purchasing relationship. See also RCW 42.23.030 and Chapter 3.70 ECC. Forms and Templates Purchasing forms and templates may be obtained from the public directory. Recyclables Every effort will be made to use products made from recycled materials if such products are available, of acceptable quality, and generally priced the same as similar, non -recycled products (Resolution 766). Surplus Items The City may acquire property from another governmental entity on mutually agreeable terms without soliciting bids/quotations. Store -Issued Charge Cards It is sometimes necessary to use store -issued charge cards. The Department Managers will request prior approval from the Finance Director or designee before establishing account. Purchase Cards Purchase cards can be issued with the approval of the Finance Director. They are to be used solely for City -authorized business purposes. See Credit Card Policy. Quick Checks Quick checks may be issued to avoid incurring penalties, interest, or late charges. Submit requests for quick checks to the Finance Department. Quick checks will be approved by the Finance Director or designee. Departments should avoid requests for quick checks by informing vendors of invoice deadlines and payment schedules. Early Release Any checks requiring an early release must be approved by the Finance Director or designee. Departments should avoid requests for early release by informing vendors of invoice deadlines and payment schedules. Petty Cash Petty cash funds cover minor disbursements. Employees may be reimbursed from petty cash funds for authorized purchases that total less than the established, petty -cash limit. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 232 of 343 Page 16 of 16 Budget Adjustments Department directors (or designees) must ensure that purchases are initiated only when departmental appropriations are sufficient to cover the anticipated cost. Expenditures that exceed departmental appropriations require the Mayor's approval via the Budget Adjustment Request Form. Exclusive Contract Agreements The City may enter into an exclusive contract with a vendor in order to ensure the lowest prices on goods and/or services unrelated to architecture, engineering, land survey or public works requiring competitive bidding. All departments must use exclusive vendor unless special circumstances such as emergencies, vendor does not carry exact product, etc. Expenditures of Direct or Indirect Federal Financial Assistance Prior to contracting for goods or services which will be paid for with either direct or indirect Federal financial assistance, where vendors have not signed a self certification, vendors must be checked against the Excluded Parties List System to assure they have not been suspended/debarred and are prohibited from receiving federal funds (http://www.epls.gov/). Documentation of verification must be retained and available for audit. See related Grant and Intergovernmental Loan Policy. Finance Committee The Finance Committee, composed of two Council members and the Finance Director, will review and update the City of Edmonds' purchasing and accounts payable policies and procedures, as necessary. City of Edmonds Purchasing Policy oamary P01 PMarch 2013 Packet Page 233 of 343 Page 17 of 16 AM-5558 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 5 Minutes Submitted For: Mike DeLilla Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information Subject Title Report on final construction costs for the 2011 Waterline Replacement Project and acceptance of project. Recommendation Forward this item to the consent agenda for Council acceptance at the March 19, 2013 Council meeting. Previous Council Action On May 17, 2011, Council authorized Staff to call for bids for the 2011 Waterline Replacement Project. 12. F. On July 19, 2011, Council voted to award the contract in the amount of $1,799,052.54 for the watermain project to Kar-Vel Construction Company. Narrative The 2011 Waterline Replacement Project is complete. The project replaced, at various locations around the City, approximately 7,100 linear feet of waterline piping with associated meters, and fire hydrants. In addition Dayton St. between SR104 and the BNSF tracks were overlaid. The project was funded by the 412 Water Fund and General Fund Fire Hydrant Improvement fund for all waterline work and the 412 (Water/Sewer/Storm) Funds for the W. Dayton St Overlay work. The contract award amount was $1,799,052.54 and Council approved a management reserve of $103,000. There were three approved change orders for unforeseen conditions during the watermain installation on Dayton, revisions to water meter sizes for services on 5th Avenue and additional sidewalk replacement on 5th Ave. The total cost of these change orders was $50,111.83 and the final construction cost paid the contractor was $1,849,164.47. Form Review Inbox Reviewed By Date Engineering Robert English 03/06/2013 02:34 PM Public Works Kody McConnell 03/06/2013 02:42 PM City Clerk Sandy Chase 03/06/2013 03:17 PM Mayor Dave Earling 03/07/2013 12:49 PM Finalize for Agenda Sandy Chase 03/07/2013 01:14 PM Form Started By: Megan Luttrell Started On: 03/05/2013 03:56 PM Final Approval Date: 03/07/2013 Packet Page 234 of 343 AM-5518 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 5 Minutes Submitted For: Ed Sibrel Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information Subject Title Report on final construction costs for the 2012 Waterline Replacement Project and acceptance of project. Recommendation Forward this item to the consent agenda for approval at the March 19, 2013 Council meeting. 12. G. Previous Council Action On June 6, 2012, Council voted to award the contract in the amount of $652,352.23 for the watermain project to D&G Backhoe, Inc. Narrative The 2012 Waterline Replacement Project replaced and upgraded approximately 3,300 linear feet of waterline piping with associated meters, fire hydrants and a pressure reducing station. Attachment 1 shows where the replacement work was completed. On July 7, 2012, D&G Backhoe was given Notice to Proceed with construction, stipulating 70 days in the contract, beginning August 6, 2012 and ending November 13, 2012. Substantial completion of the work was granted October 26, 2012 and physical completion on November 8, 2012, slightly ahead of schedule. The contract award amount was $652,352.23. The contractor completed the work at 3% under budget for $633,862.64 and one reconciliation change order for a decrease of ($18,490) was executed to adjust the contract to the actual paid amount. Attachments Attachment 1 - Site Man Form Review Inbox Reviewed By Date Engineering Robert English 02/25/2013 10:20 AM Public Works Kody McConnell 03/01/2013 11:33 AM City Clerk Sandy Chase 03/04/2013 01:12 PM Mayor Dave Earling 03/05/2013 08:27 AM Finalize for Agenda Sandy Chase 03/05/2013 11:47 AM Form Started By: Megan Luttrell Started On: 02/20/2013 01:17 PM Final Approval Date: 03/05/2013 Packet Page 235 of 343 2012 WATERLINE REPLACEMENT PROGRAM 80th Avenue West and 184th Street SW Packet Page 236 of 343 AM-5556 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 5 Minutes Submitted For: Mike DeLilla Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information 12. H. Subject Title Authorization to advertise a Request for Bid for construction services for the 2013 Waterline Replacement Project. Recommendation Forward item to the consent agenda for approval at the March 19, 2013 Council meeting. Previous Council Action None. Narrative The 2013 Waterline Replacement Project will upgrade/replace portions of the City's potable water network by replacing approximately 7,000 linear feet of existing waterlines and associated appurtenances at various locations within the City. The selection of the sites was determined using the data supplied in the 2010 Comprehensive Water System Plan dated December 2010, coordinating with upcoming road, sanitary sewer, and storm drain projects, and input from Public Works. Projects will focus on upsizing and/or looping portions of the existing network to improve flow and pressure and will remove and replace pipes that are near the end of their life cycle and are requiring additional maintenance. Staff will select a contractor to build the project using the selection process outline in the City's purchasing policy. The construction is expected to start late spring 2013 and be completed by early fall 2013. The total estimated costs for this project is $1.85M. The funding for this project comes from the Water Utility fund and the Fire Hydrant Improvement Fund and was approved by Council in the 2013 Capital Budget. Attachments Project Map Form Review Inbox Reviewed By Date Engineering Robert English 03/07/2013 01:52 PM Public Works Kody McConnell 03/07/2013 02:09 PM City Clerk Sandy Chase 03/07/2013 02:10 PM Mayor Dave Earling 03/07/2013 04:56 PM Finalize for Agenda Sandy Chase 03/07/2013 05:10 PM Form Started By: Megan Luttrell Started On: 03/05/2013 02:38 PM Final Approval Date: 03/07/2013 Packet Page 237 of 343 E3JA 2013 WATERMAIN REPLACEMENT 6T $r VICINITY MAP -T T. —LE i n�Il`I�IIIuIIIIInu®ea® � � � TL212T� ❑❑❑ Di h � PINE sT ®' n�n� rnI' a 216TH ST LJLJ �� LJLJ uLJ '� � O� a LJLJ � 2201H Sf 224TH ST � AM-5550 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 5 Minutes Submitted For: Rob English Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Robert English Tyne: Information Information 12.1. Subject Title Authorization for Mayor to approve acceptance and recording of easements for the Five Corners Roundabout project. Recommendation Add executed right of way documents for the Five Corners Roundabout project on future City Council consent agendas for approval and acceptance. Previous Council Action None. Narrative The City is currently working with five property owners to acquire the permanent right-of-way, landscaping and temporary construction easements for the Five Corners Roundabout project. The preliminary right of way needed from each property owner is shown on the attached exhibits. Universal Land Services, Inc. was hired by the City to prepare the right of way documents and complete the negotiations with the property owners. The final easement documents for each parcel will need to be accepted by the City Council, before they can be recorded at the County Recorder. All right of way documents need to be recorded before WSDOT will certify completion of the right of way phase and give authorization to advertise for construction bids. The purpose of this agenda item is to inform the committee that right of way deeds, landscaping and temporary construction easements will be placed on future consent agendas for Council approval, once the documents have been signed and accepted by each property owner. Attachments Andersen Exhibit Calvary Church Exhibit Lakeshore Exhibit DSA Exhibit Kwon Exhibit Form Review Inbox Reviewed By Date Engineering Robert English 03/06/2013 02:49 PM Public Works Phil Williams 03/06/2013 02:51 PM City Clerk Sandy Chase 03/06/2013 03:17 PM Mayor Dave Earling 03/07/2013 12:46 PM Finalize for Agenda Sandy Chase 03/07/2013 01:14 PM Form Started By: Robert English Started On: 03/04/2013 02:43 PM Final Approval Date: 03/07/2013 Packet Page 239 of 343 Packet Page 240 of 343 PARCEL NUMBER 00613400000600 PROPERTY OWNER ERIC D. ANDERSEN PARCEL AREA 0.30 AC (— 13,066 SF) ROW ACQUISITION AREA 33 SF PARCEL AREA REMAINING 0.30 AC (-13,035 SF) TEMPORARY CONSTRUCTION EASEMENT (TICE) AREA 191 SF WWW .I .............. u i t zo 40 LE6E ND PoGHT-OF-WAY ACQUISITION AREA IQj2j� TEMPORARY CONSTRUCTION �33ST EASEMENT AREA 0 JI EXISTING RIGHT—OF—WAY \ U I V EXISTING PROPERTY LINE P:\c\COED00000003\0400CAD\TT\DWG\Exhibits\ROW Exhibits\Flue ComersRoundabout ROW Exhibits.d" CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007) Est. 1890 DRAWN BY: K. POTUZAK DATE: 12/11/2012 SCALE: AS NOTED SHT: 1 OF 1 T LEGEND RIGHT —OF WAY - «. EASEMENT AREA POSTING PROPERTY I 1 I `.,14 OAF Rmn IN ----.., ELI ®� D AREA: 1,133 SF Q ......... ' 'M T I PARCEL NUMBER 00467400000100 PROPERTY OWNER CALVARY CHAPEL OF EDMONDS PARCEL AREA 1.02 AC (- 44,431 SF) ROW ACQUISITION AREA 1,133 SF PARCEL AREA REMAINING 0.99 AC (-43,298 SF) TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1,349 SF IN i 5.0' I P:\c\COED00000003\0400CAD\TT\DWG\Exhibits\ROW Exhibits\Flue Comers Roundabout — ROW Exhibits.dwg CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007) Est. 1890 DRAWN BY: K. POTUZAK DATE: 12/11/2012 SCALE: AS NOTED SHT: 1 OF 1 0'0 a © T z•o ...o 10 40 a N C'L£GEND I •.�� ..p AA 197ION AREA . PARCEL NUMBER 00373600100705 PROPERTY OWNER LAKESHORE INVESTMENT #17 PARCEL AREA 0.95 AC (— 41,382 SF) ROW ACQUISITION AREA 1,753 SF PARCEL AREA REMAINING 0.91 AC (-39,629 SF) LANDSCAPE EASEMENT AREA 144 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1388 SF i EASEMENT AREL AREA a - I��j .I •♦• I 1*4 .i?!!4 i 1 ♦♦♦ If 7� 9 lvk AREA: 144 SF iX >•: mok ^ FIN ss— • • __ CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT - I • -ANO. 1 1 D RAWN BY: K. POTUZAK DATE: 12/11/2012 SCALE: AS NOTED iur+�- PARCEL NUMBER 00373600501902 PROPERTY OWNER DEVELOPMENT SERVICES OF AMERICA PARCEL AREA 1.67 AC (- 72,745 SF) ROW ACQUISITION AREA 448 SF PARCEL AREA REMAINING 1.66 AC (-72,297 SF) LANDSCAPE EASEMENT 16 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1,104 SF ►�i �� ►�/i� I o 1 n ev � 41" ,MAP - 1 CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT- •F-WAY EXHIBIT FEDERAL AID NO. 1 1 D RAWN BY: K. POTUZAK DATE: 12/11/2012 SCALE: AS NOTED iur+�- LEGEND ACOUISITION AREA TEMPORARY CONSTRUCTION EASEMENT AREA I �, .. �� 9� PARCEL NUMBER 00373600501903 PROPERTY OWNER CHUNG HEE KWON PARCEL AREA 0.24 AC (— 10,454 SF) ROW ACQUISITION AREA 784 SF PARCEL AREA REMAINING 0.22 AC (-9,670 SF) TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1,309 SF gmag I • I • ... .........Exhibits\Five Corners Roundabout ROW Exhi CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT- e' •F-WAY EXHIBIT FEDERAL AID NO. 1 1 BY: K. POTUZAK DATE: 12/11/2012 SCALE: AS NOTED iur+�- AM-5553 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 10 Minutes Submitted For: Rob English Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Robert English Tyne: Action Information 12. J. Subject Title Proposed Ordinance authorizing the acquisition by negotiation or condemnation of real property interests needed for the Five Corners Roundabout Project. Recommendation A public hearing is scheduled for this item at the March 19, 2013 City Council meeting. Previous Council Action None. Narrative Right of way is needed from five property owners to construct the Five Corners Roundabout improvements. The City's right of way consultant, Universal Field Services, Inc., is negotiating for the purchase of the needed land and property rights, such as landscaping and temporary construction easements. The City has adopted right of way procedures for federal -aid projects that require the City to offer fair and equitable compensation for the property rights being acquired. On acquisitions of more than $25,000, a full appraisal is completed by a certified appraiser to establish the compensation due for the property rights being acquired. In addition to the first appraisal, an independent appraiser reviews the first appraiser's work to confirm that the offer is fair and equitable. On simple acquisitions less than $25,000, the appraiser can establish an offer for compensation based on market transactions and other pertinent information. However, the property owner is made aware at the time of the offer that an appraisal has not been done and that one can be prepared if they desire to have the information. The City's goal is to ensure that property owners are fairly compensated for the value of the land and property rights needed for the Project. However, there are times when a property owner and the City cannot agree on a settlement for those property rights. When an agreement cannot be reached through negotiations, the City can pursue the purchase of the property rights by condemnation. In order to utilize this right, the City Council must adopt an ordinance authorizing condemnation. The proposed ordinance is attached and includes four of the five properties. The fifth property (Kwon property) has accepted the City's compensation offer and has signed their right of way documents. A public hearing for the proposed ordinance is scheduled for the March 19, 2013 City Council meeting. The four property owners have been notified of the public hearing. Attachments Ordinance Form Review Packet Page 246 of 343 Inbox Reviewed By Engineering Robert English Public Works Kody McConnell City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Robert English Final Approval Date: 03/07/2013 Date 03/07/2013 03:00 PM 03/07/2013 03:06 PM 03/07/2013 03:12 PM 03/07/2013 05:02 PM 03/07/2013 05:10 PM Started On: 03/05/2013 11:05 AM Packet Page 247 of 343 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF REAL PROPERTY INTERESTS NEEDED FOR THE FIVE CORNERS ROUNDABOUT PROJECT. WHEREAS, the City of Edmonds (the "City") is working to plan, design and construct the Five Corners Roundabout project, which consists of installing a single lane roundabout with new sidewalk, curb and gutter, streetlights, splitter islands, and streetscape improvements; converting all overhead utility lines within the intersection to underground; and waterline replacements and stormwater improvements (collectively, the "Project"); and WHEREAS, the City issued a SEPA Determination of Non -significance, which threshold determinations are final; and WHEREAS, in order to carry out the Project, the City must obtain land and/or property rights, including any necessary easements and/or rights -of -way in or along 212th St. SW, Main St, 84th Ave. W, and Bowdoin Way: and WHEREAS, the City is the lead agency for the Project, and is responsible for obtaining all necessary land and property rights for the Project; and WHEREAS, pursuant to State and Federal policies and regulations, the City is acquiring real property rights, including necessary fee simple titles, easements and rights -of -way, through negotiations with property owners in or along 212th St. SW, Main St., 84th Ave. W, and Bowdoin Way, as a result of the Project; and WHEREAS, if the City is unable to acquire the necessary land and/or property rights, such as fee simple titles, easements and rights -of -way, in a timely manner, the City must file a petition in eminent domain (condemnation petition) in order to meet the funding and construction deadlines for the Project; and WHEREAS, the City is authorized by Chapter 35A.64 RCW to exercise the power of eminent domain pursuant to Chapters 8.12 and 8.28 RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth above are hereby adopted as if -1- Packet Page 248 of 343 set forth in full herein. Section 2. Acquisition of Real Property. The rights and interests in the real property described on Exhibits 1 through 4 ("Property"), attached hereto and incorporated herein by reference, is necessary for the construction of the Five Corners Roundabout Project, and is condemned, appropriated, taken and damaged in fee, easement and/or right-of-way for public purposes, subject to the making or paying of just compensation to the owners thereof in the manner provided by law. Section 3. Source of Funds. The cost and expense of acquiring all rights and interests in the Property shall be paid for from Congestion Mitigation and Air Quality (CMAQ) grant and City Transportation (Fund 112) funds. Section 4. Condemnation Authorization. City staff, the City Attorney, and City consultants for the Project have been negotiating with the property owners to obtain land / property rights. They have been authorized and directed to enter into any and all negotiations and agreements necessary to acquire the interests in the Property as described in Exhibits 1 through 4. If such negotiations fail to acquire such interests in the Property in a timely manner, as determined by the Mayor, the City Attorney is authorized to prosecute proceedings provided by law to condemn, appropriate and take the Property and carry out the provisions of this Ordinance. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. 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. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED: MAYOR DAVID O. EARLING -2- Packet Page 249 of 343 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. -3- Packet Page 250 of 343 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2013, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF REAL PROPERTY INTERESTS NEEDED FOR THE FIVE CORNERS ROUNDABOUT PROJECT. The full text of this Ordinance will be mailed upon request. DATED this day of 52013. CITY CLERK, SANDRA S. CHASE -I- Packet Page 251 of 343 Exhibit I ..,........ 1 on y 2 4- PARCEL NUMBER 00373600100705 —s PROPERTY OWNER LAKESHORE INVESTMENT #17 n 3 PARCEL AREA 0.95 AC (- 41,382 SF) rD -0 16 20 10 � •� ':i Q a `_'LEGEND �� I •: J TEMPORARY CONSTRUCTION RIGHT-OF-WAY v- - - EASEMENT {TCE) AREA 1,388 SF . YLZCJ AW:119110N AREA ®- TEMPORARY CWSTRUCITCN 5.0� // 5 1,z•u ' EASEMENT Aft \Fj't II (�� ..•✓f - �LANDSCAPE EASEMENT - AREA V ® E>4SRNG NgiC-OF-WAY '••--..' E7GSI,NC PROPERTY L➢iE II........ . ;. 4.s : :i , f �II• AREA: 1,753 SIF ...... - 4 AREA: 144 SF �4P AREA: 1,388 SF 5.0, v Era 015 1 1 1 •K . W . E, - . S — , O SD yp SF) s� J CX i4L 1� ISA \ L I 12'D 1 - I P:\c\COE000060D07\OgOOCgR\TT�DWG\E;fiTlt. ROW Exhlblta\Flva Camera Roundabout - ROW Exhibtte.dwg CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007) fst 1890 DRAWN BY: K. POTUZAK DATE: 12/11/2012 SCALE: AS NOTED SHT: 1 OF 1 ROW ACgIiISiTION AREA 1,753 SF PARCEL AREA REMAINING 0.91 AC {�•39,629 SF} LANDSCAPE EASEMENT AREA 144 SF Packet Page 252 of 343 Exhibit 2 1 . -- ,� - - ........ LEGEND RIGHT t>F wAr ACq 19TIDN AREA IETAPORARY C0HSTRULTI9N EASEMENT AWA 1-I �'- ETGSGNa RIGHT CF—WA , U' . •� 5.- ' e.� - _ E7GS7ikG PRGPEATY kEM urn 5 i JV . fin• ......... `T ma - T W s _ a SS ,� • • .•. � 5 - a1J •m f f AREA: t,3A9 SF 11 �. -r I;.•. �. I5'o • L- r PARCEL WMBER 00467400000100 PROPERTY OWNER CALVARY CHAPEL OF EDMONDS PARCEL AREA 1.02 AC (- 44,431 SF) ROW ACQUISITION AREA 1,133 SF PARCEL AREA REMAINING 0,99 AC (-43,298 SF) TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1.349 SF 5.0, P:\c\COED096t)0003\O?AOCAD\\�T'(\D_ \Exhibits\ROW Exhlblts\FTve Come Roundabout — ROW Exhlblte.dwg CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007) at. 1890 DRAWN BY: K. POTUJ DATE: 12111/2012 SCALE: AS NOTED SHT: 1 OF 1 Packet Page 253 of 343 1—� FOUND CONCRETE —,-----_ VON WITH BRASS RIVET IN CASE n 19 212TH ST SIfT— S88'51'32"E 2663.16' I 1 30 236.23' ccc) a 20+00 30r co o 0 on ----——— — — — — ——_ _ _� L1 — — , L4 L3 L2 ITPOB J ROW ACQUISITION STA 22+36.23, 1 1 30.00' RT rG`{ " FJ EDMONDS LUTHERAN V CHURCH I L PAR::E', J i a 10 20 4C EXHIBIT B DATE 11-9-12 DEHm gja COED0003 /svDhA06coad000 DRAWN: gja 4- FOUND ,9 2D CASED 24 MON 46+63.16 LEGEND RIGHT-OF-WAY ACQUISITION AREA — EXISTING RIGHT-OF-WAY PROPOSED RIGHT OF WAY LINE TABLE LINE BEARING DISTANCE L1 S88°51'32"E 10.00' L2 S01'08'28"W 1.00' L3 N88°51'32"W 10.00' L4 N01'08'28°E 1.00' YYDAVII EVANS AND ASSOCIATFS "'O- 1620 W. Marine Vew Drina, Suge 200 Euer.A Washington 96201 Phone: 425.259Ra99 FIVE CORNERS RIGHT—OF—WAY ACQUISTION CALVARY CHAPEL OF EDMONDS Packet Page 254 of 343 Exhibit 3 f Or 1217, �._. —IN i G ` 55 D 4 c"— u / 5. �/ � '. - e.• .. �' _ I ,'ice -__ _._--_-..—� of 11i. T. S / i�. � / � �.i�,l• 12P AREA: 33 SI= /- STORM PIPE INSTALLATI - 5;p ! •f• �} '` 6b `FQR PRIVATE DRAIN RECONNECTION ' :y:. !:' _ ;�• D / ... AREA: 284 SF 4... /' ........._. AREA: '191 ..............:.... ....... PARCEL NUMBER 00613400000600 PROPERTY OWNER ERIC D. ANDERSEN PARCEL AREA 0.30 AC (— 13,068 SF) ROW ACQUISMON'AREA 33 SF PARCEL AREA REMAINING 1 0.30 AC (-13,035 SF) TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 181 SF i !- _ --a LE ND RIGHT-W-WAY IMEA I, l nNFO CCNSI7ICN taEUENS II �. 3,RY iRRC770N EASOeENr AREA 0 I EbSMHG RIGHT -or WAY ' t � ' •. - - .�' t� � E7e5RNC PRCPEittt 11NE P:\c\C6EpOQpOpOp3\p400CAD\TT\DWG\Exhl6lte\R0W Exhlhita\Five Comers Ro�rundobout -ROW ExhiWe.6wg r CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007) Est. 1830 DRAWN BY: K. POTUZAK DATF: 12/1112012 SCALE: AS NOTES] SHT: l OF 1 Packet Page 255 of 343 Exhibit 4 n 0 113 -- 20 .40 A LEGEND t A=ISI as A,we� : r.,.�hU. U. TEMPORARY ® CONSMCBON EASEMMENT Y}}, AREA ® DaSRNG RIMT OF-1WY - \\� 5.0' DaSTING PROPERTY LINE Q e, PARCEL NUMBER 00373600501902 PROPERTY OWNER DEVELOPMENT SERVICES OF AMERICA PARCEL AREA 1.67 AC (- 72,745 SF) ROW ACQUISITION AREA 448 SF PARCEL AREA REMAINING 1.66 AC (-72,297 SF) LANDSCAPE EASEMENT 16 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1,104 SF AREA: 448 SF AREA: 16 SF — i AREA: 1,104 SF ••' . A - - p— ................ op_: 212TH ST SWo ®�'l,� � '. ' 7 i r .I +-.,y ^• fir" .- i P:\c\COEOOOOk0003\k4000AD\ DWG E>'hlblte\ROW Exfel6ite\F1ve Camera Roundabout —ROW Exhi6ltadw CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007) Est 189DRAWN BY: K. POTUZAK DATE: 12/1112012 SCALE: AS NOTED SHT: 1 OF 1 Packet Page 256 of 343 AM-5557 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 5 Minutes Submitted For: Jerry Shuster Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Information Information 12. K. Subject Title Authorization for Mayor to sign a Professional Services Agreement with a Consultant to provide services for the Perrinville Creek Stormwater Flow Reduction Retrofit Study. Recommendation A professional services contract to complete this study will be placed on the consent agenda for City Council approval at a future meeting. Previous Council Action On January 15, 2013 Council authorized Staff to advertise a Request for Qualifications (RFQ) for the Perrinville Creek Stormwater Flow Reduction Retrofit Study. Narrative The City's Engineering Division recently completed a pre -design report for the Perrinville Creek culvert replacement at Talbot Road. The report shows that a new fish -friendly culvert will need to be much larger than the current culvert (the existing culvert acts as a dam during high flows and restricts the amount of flow that passes under Talbot Road). Replacement of the culvert to fish passage specifications will result in an increased flow that will likely cause new private property flooding and further destruction of fish habitat in the area downstream of Talbot Road. The goal of this project is to develop a plan to reduce peak stormwater flows in Perrinville Creek that are currently causing stream bank erosion, sedimentation of City infrastructure, flooding of properties, and destruction of fish habitat. A successful reduction in peak flows will allow the City to safely replace the creek crossing at Talbot Road. Objectives: • Analyze the hydrology of the Perrinville Creek basin to assess the sub -basins that contribute the largest flows per acre during large storm events. • Develop a basin -wide flow reduction strategy that includes assessing the potential for retrofitting areas that contribute mostly to problems with low impact development techniques and other methods of stormwater control. Statements of qualifications were received from four firms in response to the RFQ. Per the purchasing policy a review panel comprised of Rob English, PE, City Engineer, Jerry Shuster, PE, Stormwater Engineering Program Manager, and Jamie Hawkins, Capital Project Manager, reviewed and compared the written submittals. All four firms were selected to go to the interview phase of the selection process: Lisa A. Harbert, P.E. PLLC, Herrera, MSA, and Tetra Tech. Interviews were held on March 8th for all firms with the same review panel members plus Phil Williams, Public Works and Utilities Director and Jared Bond, Environmental and Surface Water Manager, City of Lynnwood (note: approximately half the Perrinville Creek watershed is within the City of Lynnwood). Fiscal Impact This project can be found in the Council approved 2013-2018 Capital Improvement Plan. The City's 2013 approved budget has $200,000 approved for this project that includes consultant and City staff time. The project is funded from the Stormwater Utility Fund. Packet Page 257 of 343 Attachments Exhibit 1-Perrinville Creek Man Form Review Inbox Reviewed By Date Engineering Robert English 03/06/2013 02:30 PM Public Works Kody McConnell 03/06/2013 02:42 PM City Clerk Sandy Chase 03/06/2013 03:17 PM Mayor Dave Earling 03/07/2013 12:45 PM Finalize for Agenda Sandy Chase 03/07/2013 01:14 PM Form Started By: Megan Luttrell Started On: 03/05/2013 03:12 PM Final Approval Date: 03/07/2013 Packet Page 258 of 343 a 'r tit 1 r r r * qL A. - f - + i r { PI IL T4 ,�, + � � !*- y mot.... M I ��1 `•r�•� 1} •� � �� i 524 + . # - T ' •� ]-4 I�� fII I i _ Legend Figure 3- Perrinville Greek vwatershed upstream of Talbot Road crossing. Pernnwelle Creek watershed City rim rC boundary Proj le •,t s to • CPS data (05M{}M) 3 9d,7 30D 4 .-- Highway �JFeet -- Stream or ditch H E R R E R A Stow water conveyance PhmuigraphX-, USDA i CW- Packet Page 259 of 343 AM-5552 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 10 Minutes Submitted For: Pamela Randolph Department: Wastewater Treatment Plant Committee: Parks, Planning, Public Works Submitted By: Pamela Randolph Tyne: Action Information 12. L. Subject Title Authorization to advertise, a Request for Bid, for construction services for the WWTP Standby Power Distribution and Switchgear Improvement Project. Recommendation Forward item to the consent agenda for approval at the March 19th meeting. Previous Council Action 12.11.2012 - Authorization for Mayor to sign Proposed Supplemental Agreement No. 1 with HDR Engineering, Inc. for design services on the WWTP Standby Power Distribution and Switchgear Improvement Project. Narrative The WWTP Standby Power Distribution and Switchgear Improvement Project involves removal and replacement of the electrical power distribution switchgear line-up at the City of Edmonds' wastewater treatment plant (WWTP). Completing the project significantly reduces the risk of electrical equipment failure while improving safety and reliability. The engineers estimate to construct is $1,269,160.00. This project was chosen due to the criticality of the main switchgear and the reliance we place on the automated transfer switch to ensure uninterruptable power. Without power and reliable access to backup power, there is a certainty of risk associated with overflows and public health concerns. The WWTP was originally built in the late 1950's and was designed with a small influent wet well and no collection system storage. Further, the main switchgear is located outside in a marine atmosphere. The equipment and cabinets show signs of significant corrosion. During extreme weather, staff is required to work outside, resetting high voltage switchgear in very tight quarters. (Photos attached) Initially the project focus was to replace the automatic transfer switch for the generator and to refurbish the corrode switchgear. After a thorough evaluation of the equipment and associated project costs, a decision was made to replace failing equipment. Replacing the switchgear, instead of refurbishing old equipment, will extend the life of the switchgear; significantly reduce risk in executing the project, increase safety for personnel and incorporated improved electrical monitoring of the systems. Operations and Maintenance staff will be fully trained and involved in the project which in turn enhances our ability to operate and maintain the system in and efficient manner. The new equipment will be enclosed in the appropriate cabinetry that will reduce corrosion. Staff will develop routine preventative and corrective measures to ensure the equipment is maintained according to the manufactures recommendations. Attachments WWTP switch eg ar 1 WWTP switch ee ar 2 WWTP switch eg ar 3 WWTP switch eg ar 4 Packet Page 260 of 343 WWTP switch eg ar 6 Inbox City Clerk Mayor Finalize for Agenda Form Started By: Pamela Randolph Final Approval Date: 03/07/2013 Form Review Reviewed By Date Sandy Chase 03/05/2013 11:46 AM Dave Earling 03/07/2013 12:45 PM Sandy Chase 03/07/2013 01:14 PM Started On: 03/05/2013 07:45 AM Packet Page 261 of 343 i 0-4 z C,;c oR I *.. It s'C 1114t ti 4 ti Packet Page 263 of 34 - x�e� - 3 WARNING 4 TO INSURE AGAINST MODELI R-P-POCT-?5000M SHOCK OR ACCIDENT SERIAL AMPS 25W ' DISCONNECT ALL VOLTAGE 27�Me0 SOURCES OF SUPPLY PHASE WIRE 4 MZ 60 ` BEFORE SERM ING EMERGENCY SOURCE EA ER EC 0 1# AM-5547 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 5 Minutes Submitted By: Jim Stevens Department: Public Works Committee: Parks, Planning, Public Works Type: Information Subject Title Energy Savings Contracting (ESCO) III. Recommendation Action 12. M. Staff recommends the PPP Committee give its approval for the full Council to review this information at its next meeting in order to take action authorizig the mayor to conclude a contract with the Washington State Department of Enterprise Services to complete a third phase of energy efficiency projects across City operations. Previous Council Action Both the PPP Committee and the Finance Committee reviewed background information about this item in February. Narrative The City of Edmonds has already completed several energy efficiency projects through a State of Washington process. In particular, one in 2006, and a second in 2008, impacted City buildings other than the Treatment Plant. All of these projects have produced appreciable savings. For example, the Library has seen a decrease in electrical usage of nearly 50%, comparing 2004 with the post -project consumption in 2006. In the years since then, even greater savings have been achieved. This state process, called Energy Savings Contracting (ESCO), uses pre -approved firms to perform investment grade audits of proposed measures with the goals of reducing consumption and paying back the costs of improvements so identified. This pay -back is achieved through a combination of grants and yearly savings on utility bills. The same firm which performs the audit will act as the general contractor for the project itself. The ESCO also guarantees the calculated energy savings at 90% of the estimated savings or is on the hook to make up the difference, so savings are extremely likely to accrue at the full amount estimated. Both the 2006 and 2008 projects exceeded this standard of performance. In mid -January, the City of Edmonds completed an investment grade audit, through Ameresco Quantum, looking at options to increase efficiency across City operations. From this audit came a series of recommended actions encompassing work in both general fund and utilities -related facilities. The total maximum value of this project is set at $758,683, including sales tax. The project is predicated on obtaining grants from the Department of Commerce for $187,566 (1:3 funding match) and from the PUD and PSE for $60,376 (based on energy saved). This leaves the City with $502,326 required to fund the project. Of this sum, the City is planning to contribute $222,150 in cash, with the remainder of $280,176 financed through a low -interest, 10-year State Treasury loan. The City utilities will fully fund that share of project costs incurred by work in Old Public Works, Public Works, and the Waste Water Treatment plant. This means that they will contribute $74,331 in cash to account for all the work done at these facilities. The Parks Department has already set aside $120,000 this year to fund a sorely needed boiler replacement at Yost Pool, and this project has been rolled into the scope of the ESCO project. This means that an additional $27,819 is required from the general fund to meet the initial cash payment requirement of $222,150. The Project Cash Flow sheet shows the cash flow from estimated savings turning positive within six years, even with the 10-year payback schedule for the loan from the treasury. This is the result of investing roughly an additional $28,000 of general fund money to move this project forward. Staff has learned the results of the grant application to the Department of Commerce have been successful. At this point, it is appropriate to seek approval for the mayor to sign a contract with the Packet Page 267 of 343 Department of Enterprise Services and move into the project work itself. Fiscal Year: 2013 Fiscal Impact Revenue: Expenditure: $27,819 Fiscal Impact• An additional $27,819 is required from the general fund in current budget year to meet the initial cash payment requirement. See the narrative information Recommended Scone ESCO Financials ESCO Cash Flow PowerPoint Inbox Public Works City Clerk Mayor Finalize for Agenda Form Started By: Jim Stevens Final Approval Date: 03/05/2013 Attachments Form Review Reviewed By Date Kody McConnell 03/01/2013 11:33 AM Sandy Chase 03/04/2013 01:12 PM Dave Earling 03/05/2013 08:31 AM Sandy Chase 03/05/2013 11:47 AM Started On: 03/01/2013 07:57 AM Packet Page 268 of 343 AMERESCO Zi QUANTU' tea -c -. Project City of Edmonds . ESCo Phi Measure: Selected Options Date: January 15.2013 � ECM CdneNedon Measure se uscMot ,.„,.. Ws, .. Electric •. �Gaa, TotalR ebua ats usa. slactrl, - _ rGa. -� Electric - ._ rCaa _ Tabl ennaraewnp elaCde erirrmer Gas &,sauce+ nraalar Mal uow/mail Coat lnestrdve caborlmirel — a P.yb.rk consume DsrrrerM Consume Demand consume Damara CT We Cast Cost Cast IJ ton[ Cat Cmt SrAnp Savings Savhys Cost kWh kw marmall S S 5 kWh kW E S $ &hits kW (Tlrmad S S S S Canaerwilon idasauna Yee COE-L1 Ughong Replacement (Exterior Street Lights). This measure will ill retrofit and replace the existing HID exterior street poet top fixtures with new LED street post top fixtures 41 985 3 283 59 1 5855 29 710 308 MS am 5 138 $31542 11-93 Y. COE-L2 Lighting Replacement (School Flashing Signal Lights): This measure will replace -the fiaahing lights with stand alone solar powered models, 4 Locations. $720 $14520 $14520 20-17 Clfy Hall (aud parkin oarape) Mechanical Con—flon Aaessures No CH-M1 san'er Room Cooling: This measure will retrofit the wasting server room system with economizer cooling capability or replace system with new back up No CH-M2 Elevator. This measure will investigate and propose eolutions to the the stack effect problems in the elevator ! i�lrraenyEreq illayuraa LEgm 3W RevoM and tlpgtadEa iUMWr Ronk - Controls); Trva maasws will roaoet ma easang thresi fodures with now Moiamp Swlfer kils WEBS reflector and program start Y. CH-L1 tlaLm T11a naps Ial w+Am vabdLknp r alighting control system to regulate light operation and reduce energy uopgo moudmg: ^u:uyni�yxiiw,ne)•vv''Dot '!.Y'.ofYll4Eufaa - Daylighting sensor(a) 67,96 1 $5 281 W255 $3,197 $3 107 77,983 $2174 $347 $37 013 -796 $31 17 1238 Lighting Upgrades (Exterior- Parking): This measure will retrofit and replace the exterior Yes CH-L2 lighting systems Including the parking lot and parking garage The parking garage will be rehofitwi h new T-8 vapor tight fixtures The remaining exterior wall packs and pole lights will be replaced with new LED fixture. 12076 CJB II038 9566 $7T7 5277 8570 $661 $174 S9310 $1729 $7581 818 OenavrVf Elan Mlltllla'as No CH-37 Window Replacement: This measure alit replace windows with broken seals with new double Paned models Frar3oss Anderson Oorder WaaUrse Steam System Replacement This measure will replace the steam radiators in older portions No FACaJ1a of the budding with vertical classroom heat pumps and install a rooftop heat pump of the admin area only Alternative options for investigation include targeted stand alone HVAC units with early boyer shutdown or a Variable Refrigerant system No FAC-Mlb Admin HVAC: This measure will replace the existing hot water radiators in the dmin was with rooftop heat pumps No FAC-112 61ea1 Trap Audit This meaure will int late aateam tap audit to assess trap operation and System to— CtwarraCanShaarasa Yes FACL1 Lighting Upgrades (Exterior -Gymnasium)'. This measure will retrofit and replacathe exterior lighting systems with new LED fixtures This measure will also replace the (28) existing 6lamp gym iodates with (56) new 3lamp future and incorporate occupancy sensor control 271 107 l07 15.194 11,141 41JJ.1 4 27 $156 $16.444 S277B $13666 1263 1/rdPfeddls CAshkMwrla lfaahna0.til[onsansstsllt iragaaa Controls Upgrade: This measure wtil Install an energy management "am with dial -in Y. MC_M1 access, nigh setback, optimized sort, scheduling, add control for baseboard heaters, etc Auditing for this measure will include phone Fine sharing issues 2024 173 2.010 $ 1B3 1096 I 1 655 M I Slj%43$1- 26 1 1.130 1 E464 S5-723 E16dp Sit-0e3 6.99 L'eraarradaa aeaaaulra Yea MCL1 Lighting Upgrades (Exterior): This measure will replace the existing HID exterior lighting foduree with new LED faturee 2247 774 $175 579 $49 S48 1 83d E727 $20 OAe $378 $1 732 11.81 'Old' Pub11c Works Mar' .r Cavaorvadan alaasur.a Control. Upgrade: Incorporate push button override controls W the existing EMS (Archives) Yee OPW-M1 [o setback temperature during unoccupied times Sequence revisions in the "Players Area" to incorporate residential mode 757 772 3 ffi351 17,1191 3108 $1,330 $3 BS $4,415 183B 491 $1936 .10 $1817 $693 0-38 WE .AMERESCO 4 QUANTUM Project: City of Edmonds - ESCo Ph3 Measure: Selected Options Date: January 16, 21113 aaM s I Conservation Mearae yeetr:n! Ws ElacUl< Gas Total Uw-Dacutc Ws Elaabk Ws Tool FJaa1t Ws pswnx MaNC COR IncerNve ta6ar/M Carleaae Demand Use Cast fart Colt Camuma Demand U. Cart Cast Cat Consume OarrroM $arlrWf Savlrrp 4avin� Cast kWh kw 111rarrra) S s S kWh iris fy6vwl s s s 1nNh kW Inrwmll S s f s LW*V Upgm6a SEasslior- ftional This measure will replace the existing HID exterior and Yes 0PW-L7 pMdwlg la lghdfp hlauaa lNtll saw LEII1[m[es TM manure lnoelda upgFadegs Falb Genresm rife Flsnrlg flu Rating LoL 14,213 7104 $1704 3148 5245 11,054 BMrwd COMWVMd*A ellpfalrs No OPWG1 Submeter This measure wll install a submeter to capture the energy uee of the Arts Works and Players portions of the faclkty. Review Control Savings First No OPW432 Insulation: This menu re will upgrade the Insulation in the archive room to reduce hearing demand. Revew Control Savings First. Public Ltbtaty and Plena Room Mechanical Conatvarlon Af-- No PL-M1 Rooftop Unite: This measure wil replace the e�dsting rooftop un0r with new models, and Incorporate occupancy and CO2 demand ventilation controls CmaarralRxt slimttaalr Lighting Upgrades (Exterior- Parking): This measure will retrofit and replace the a asting HID Yes PL-L1 exterior lighting fatures, including the parking lot and parking garage, with new fiourescent and LED TMura 33.1791 7 $2 576 10 7aa 5635 SIM 22434 a0ea o Coaminvadon AhrMMtraes No PL-G1 Library Window Replacement This measure wit replace windows with broken seals with new double paned models No PL-G2 Plaza Room Window Replacement This measure will replace windows with broken seals with new double paned models Pub-,. adisky I � dMetMnFcr1 Car±ao�vulcn Yes PSC-M1 Controls Upgrade: This measure will upgrade the mdsting controls to incorporate CO2 and VFD control 906 2M 7g4 Z7851 33de2 7= 1 13 SM Z1.2W 41-11131 154 No PSC-M2 Controls Upgrade: This meeswaWN upgrade Me eutMng conVols to SACtalk controls co -owls aUan Mtlsrts Pe Yes PSC-U Lighting Retrofit (interior): This measure will retrofit and replace the eldsfing interior HID fodurec with new LED fixturea, and incorporate occupancy sensor control for existing interlor fioure.cent Podures 9703 754 P54 U81 8E SMS M 3341 6743 -33 Lighting Retrofit (exterior): This measure will retrofit and replace the existing HID exterior Yes PSC-L2 lighting fbdrres with new compact fiourecant and LED fixtures 30.537 2.373 12373 i fa $adz SW7 22719 Gealrif Conservation Afleawr No PSCG1 Weather Stripping: This measure will Insist weather strippng on 2 entry doors Pit & 191aeks OiYi.CM�T sr�^A•^ .r CoasaysrlaaT Control. Upgrade: This measure will upgrade and expand the DDC energy management system for optimized HVAC control including: No PWJd1 - Up grading the hardware to&4Ctalk compatible systems on locker rooms and conf.r.—Aibmry HVAC controls - Occupancy sensing to setback and turn off HVAC equipment for 3 systems { brery/conference, kitchen area and locker roomspvhen the apace is unoccupied' Lighting Retrofit and Control System (Interior) This measure will retrofit the existing fndures Yes PW-L1 32wcSbvureacere U%irawm 26 wait4mpa end ProYam tart balms. nasmesauraWE ale. incorporate a �+�y eessa control 1 777 8771 B97 43 $365 $43 $407 5230 rYea PWL2 Lighting Retrofit Interior and perking): This measure will replace the existing HID exterior and parking fighting foQures with new compact flour omm and LED fixture 57a 2,764 $2,764 12,45,11 $g68 $B6B 23 722 2 of Project: City of Edmonds - ESCo Phi Measure: Selected Options Data: January 15. 2013 �wrr;<a rlrrmt �wr R ....e,e ..an.nr rwm o—w -. •Gaaa McDs W ECM Conaervedon Measure Ell Gu EIu.Mc Gas Toth Use-Eleeale Gat Eh.Mc Total trte Gess A —a Writ. . Cost In (+tar/++I . Pyha Ua Can [on Cmt Use Con Cart Con Saatnp Savinp Sevinp Coat Consume Berrrarrd Comtmle icarnand C__ Demand keM kw ftlrsnrrq S S S trwh kW 111-1 S S S kWh WIN Maend 5 S S 8 No PW-G1 Insulated Door(a): This measure will insulate or replace the existing door in the public works and fleet areas with insulated models to reduce shell lose. Wridlow, Replacement This measure will replace windows with broken seals with new double No PWG2 paned models. Yost Pool llbeherrlaal Calnarraamrl Slaanaea Boiler Replacement (Yon Poolk This measure will replace the existing steam boilerwim a Yea Yi new high efficiency hotwater condensing boiler The existing steam -to -hot water converters will also be replaced with water -to -water rvnveners, Ifl,3M ISMS We= 7 049 1 $11985 $11.965 1 4303 54273 S162225 1 $12,842, $149,593 35-00 1?pnaenaa>!4[t f 1arM[lra Yee YP42 Lighting Retrofit (Exterior -Yon Pooq: This measure will replace the existing HID exterior fb"—with new LED fixtures, 29 307 2277 S= 7 309 5569 $569 21.979 1 708 S125 16 7 $10 263 560 RMU M 1AamY anld Cartla W t L7 Co .—dlon Measures Yea SCP�1 Lighting Retrofit (Exterior - City Park): This measure will replace the exterior roadway futures with new LED fixtures 8 0 31 $316 1.857 5144 144 172 $52 1104 S470 $3 394 15-15 YellSCp-L2 Lighting Retrofit (Exterior- Cemetery): This measure will replace the exhaling HID well packs with new LED wag packs 470 Si 121 9 $9 348 t3 911 73 38 20-65 ISJrlsa11�i11Pn iga/Yrns Irrigation to Battery Power. This measure would put the Irrigation timers on battery power to YeaSCPG7 eliminate the power meter fees. (-2 locations) $360 $1240 S1240 346 Sewer lUlt Stations Rrachardaw ConsaN lion Meatus No SLS-Mt Pumps: This measure will optim¢e or replace the pampa at selected sewer lift stations South Corral Sedor CJlnmr Ladslaat"e f!•IYsmNr aI, No SCJ41 Fuel Switch: This measure will change the kitchen domestic water heater togas Rooftop Gas Packs: This measure will replace the failing existing gas packs and gas fumacee Ya SC-M2 with new gas packs and gas furnaces This measure will also incorporate occupancyand CO2 demand venblation controls 18 t27 7108 1.25 7057 $B 310 16127 S1 1qd 53122 U0,010 $d-W $75 453 2417 Lbftw Coaaw vdan igoeatalee Yea SC-L1 Lighting Retrofit and Replacement (Exterior): This measure will retroM and replace the exiabng HID exterior fixtures with new CFL and LED fixtures 10-622 825 tau 9 $283 5263 7231 $562 5109 Sfi 476 $1 530 56-948 1036 Vanwardw Treahnard Plard illodmi Yoal co s aGon rfgaaassee Yea VJWTP-M1 Shop Heating: This menu reWit install a programoble themroetat to reduce fen runtime only S $1037 2 $518 5518 88 111 $2625 $687 $1958 378 Water Feature Control: This measure will schedule the water feature pump to shut off during Ya —P-M2 oveml0ht permde 61,740 d-797 54797 61180 53-798 53196 70.560 E1.599 $13, 125 $2-058 511067 4.92 Temfa- 31 885 E o43 $ 31 C�2 S 705 204.878 082 S 15 9.fr S 21 A S 37 82$ W 8823 $ 28 678 $2-242 S *sr. - 8 6t1. 9 s 18.5 g loyal Mechanical S . - 71 l 1'v,74a .ia,00c f de,wa VG.—MI 2 , i 6, i 2 . - i �e.een w,254 -v,eYu i i3,ara f -s iraa7a i io,i50 i Total Water - S - f f - - - i - S - f - - i f- f S $> ,Total 1.Total LiohUno rat 287,ODE - - - - S 22�00 E - f - - $ 22,300 - 114.370 - 78 - $ 8,925 - S 75 $ $ 9,001 f 172,133 - - - l78} - E 13,298 S - $1.582 35040 S 183.152 f 34.218 S 93696E 397A 34 Total Check tobls Motcla 425,27D 11,8ES f 33,0R1 $ 31,652 f !L795 204,873 22.002 f 1A019 5 31,W$ S 37.825 220-351 PM3 E 20 Wit fL242 S 457AS4 E W M S 8E .36. 3 of AMERESCO 4 QUANTUM Project Name: City of Edmonds - ESCo Ph3 January 15, 2013 I. PROJECT COSTS & ENERGY SAVINGS FOR SELECTED OPTIONS PROJECT COSTS Mach, Water, General Lighting Total Project costs Engineering Audit Estimated Labor and Material Cost $ 14,950 $ $ $ 457,864 27,471 $ 274,713 $ 183,152 M. W,G Design 0-10.0% of Labor ,& Material $ 27,471 LWhting Design 6.0% of Labor & Material Conslructon e_ t 6.0% of Labor & Material _ $ 15,483 $; 10.989 $ 10,989 $ 10.989 $ 27,472 Bonding 2.0% of Labor & Material $ 5,494 $ 3,663 $ 9,157 ESCO overhead and profit @ 18.0% of Labor & Material $ 49,448 If 32,961 $ 82,416 Subtotal: $ 388,559 $ 241,760 $ 630319 Construction contingency 5.096 of CC $ 13,7_36 $ 9,158 $ 22,893 . Subtotal - MaxtmuM ftqhsLCqW. Fat. Sates Tax g 9.5% of Maximum Project Cost Additional 2 Years of M&V - Ameresc_a lus sales tax Additional 2 Years of M&V - DES DES PManaqatnent Fees $ 402.295 $ 250,918 $ 653,213 $ 38,218 $ 23,837 $ 62,055 $ 4,415. $ 4,000 $ 35 000 TOTAL PROJECT PRICE: $ 440,513 : 274,755 $ 758,683 Estimated Utility Incentive $ 26.160 $ 34,216 J $ 60,376 Commerce Grant Rem $ 187,566 Estimated Client Net Cost iexcludi add'tl years M& $ 502,326 yment of Non -State Dollars Client initial cash pa $ 222 150 Client WOW cash. ent of Slate Dollars Amount to be financed by client: Year 2 Estimated Cash Flow: $ - $ 280178 $ $ 5,703) (8,658) Year 4 Cash Flow Fused on Guaranteed -Energy Savings (90%j, ECONOMiC ASSUMPTIONS Interest Rate : 2.00% Financin Term: 10 years Payments/year: 2 Inflation Rate: 3.50% Est Annual Rate of Energi Increases: 1.50% Savings Guarantee: 90% N_PV life: iS_years Client Discount Rate: 5% Estimated Net Present Value: (147,955 OSPI /Commerce Metrics Commerce Metrics Leverage Ratio: 3.00 Maint. Savings: $ 2,242 Sim 1e Payback:_23-93 ANNUAL ENERGY SAVINGS Mechanical Water Linhting General Total Electrical Savings (kWh Electrical Savings (W Nat Gas Savings(Therm) Oil (DESI) 48,254 0 9,899 0 0 172,133 0 220 387 0 0 0 0 0 -76 0 9 823 0 0 0 0 Propane (DESK 0 0 0 00 Water Savings CCF _ 0 0 0 0 0 $ Saved $ 13 579 $ $ 13,299 $ 26 878 TWMA.rm VaWc n 3.16 Annua Sv $ 17,124 $ 9,754 $ $ 26 878 1af1 Packet Page 272 of 343 If. PROJECT CASH FLOW FOR SELECTED OPTIONS PROJECT SAVINGS BASED ON ESTIMATED ENERGY SAYINGS 1100%1 Year eadfeg Rafanllca yaw 20i3 0 2014 1 io2 2 2016 3 2017 4 701E 5 2959 6 2020 7 2D73 11 ton 9 wn 2x4 2(175 2M t0 I1 12 13 z027 ti 242E 25 2a23 26 2930 17 70n 18 2092 70" 19 20 Mx2lanlcet Gxwal, and Wsl4r aaY a S 13,679 S 18.783 S 1S,990 S 16190 S 1012 3 rAAQ9 S Id" S 15,071 S 15,28T S 15,526 S 15,759 S 15,996 S 16,2M S 16,479 a le.72$ S 16,977 S 17= S 1iAQ0 S 17,753 S 16.79 LbM9w8. M2M 1. S 13MS T 4K 5 1 LM S :707 $ 14.115 5 14S 14S42 S +4,780 S fa S +S2M L 15434 S +55p6 S 75 i07 i 16.7� 5 16,36f SAS t8d�77 i 17.136 S 17,587 S 17,047 L Mr16wwlsa 4 f +m S l910 S IAW 6 IM S 1.w 3a s x057 $ uw S 217D s 2151 6 7,1E4 a 7,210 $_7�'A S 2.283 S 23t 2,497 GAer 11whmle•SPANP s s 3e0 S w, s 371 S 9F6 $ 30 $ 380 $ 394 $ 409 4 AM s 412 s 416 $ A24 4 435 S 437 S 443 S A50 $ 07 3 "A a 01 s A,a Total : s S 24.720 S 29-W S X000 S 30.450 S 30AW S 3tVl S 31,841 S U110 $ 32,804 $ 31M $ W,795 S 34= $ 34.017 S W_'M i 25.SW $ MoMT S 36,95E S 37.507 $ 38,07D 5 38.841 Cumuli we SWIIVK. s S 29-M S 58577 S $6.877 $ 11A127 s ISR034 $ 1614pS S Z':,Q 6 $ 245.M5 $ 27 XG S 311 RM 5345.458 5379.TET S 414An S 916 $ 465,766 S 5MM $ 559145 $ 596.852 $ 837772 $ a7 ,M GRCIMFC7 SE.1f MnA PRFE] Ali! C.710f "*rFF t7 ENF RGY C;&MhlG4 MAS9L 7'esrend =3 U14 MLS 2016 2M7 2046 71f4 20z0 =1 xu zw 202A z0z5 2166 z032 29z$ 2Al9 2730 zQ31 2932 M (AerAfa f4eeRsl sad llpd+asrl L S 1 $ IZI05 S IZ$RI $ 17760 $ 12.971 S 13,18a S 13 as3 S 13,584 $ 1 747 S 33,974 5 14.163 a t 3W $ 14,612 s MA3i S 16_W S 15270 $ 16.509 a 1574, S 15.977 5 113V7 Lkrhft ' $ S 11,ip9 5 M1 0 s 12MI $ 1z5ts s IZ704 $ 12,Sa4 $ 13,0M $ 13,284 s 13,493 S 13rM $ 13,631 S 14,D66 $ 14311 3 14,525 S 14.743 S $4,09 S 15,189 S I5AIT S +5,84s S 16AO Llpintlnv WlMnpmae s S IM $ I'm $ 1,744 s 7 M 5 17i7 $ IA24 $ 1 552 $ 1,aR $ 1,968 $ 1 AC4i S 1,965 S I M S 2.025 S 20F5 S YAKS $ 2,IV S 7,147 $ Z161 $ 2.2T4 t 2.247 {,rear l4skllsnanaie s S 324 S 3M S 334 S 332 $ 34A 3 3w $ 354 $ 3M 5 365 S Vil S 376 S 382 S 39F $ 393 S 39 i AM S All 5 Ali 5 424 S 43ED Todd s S m S 26 1 S 27M S VA05 3 27,815 S ZLZK S 28$57 $ 28087 S 79523 s 29,9M $ 30410 S M.M S 31335 7 St $ 32,782 S 377M $ 3A� S 33.757 S 34283 S 34.777 Camuhtlw SaW a S 26,20$ S 52.809 S 79.Wil S 1W.215 5 +35.001 S In265 a 191,922 S 821." s =.532 5 2M.498 53!c.9+3 S341.735 $ "-120 S a04.325 $ 437.207 $ 469.97S 5 50=1 S S59.297 $ 571250 S s06,027 ANNUAL PROJECT COSTS AmouMFlnanced: S (280,1781 CsahMnM S 7 Iwo yosrondftj 203d 2914 2015 zMa i917 zow 3D39 20M =3 2M 21323 20M 2025 20M z027 202E 2M9 2030 2031 2f432 z033 Annul Flnpncm9 Lwd $ cv.o5z 5 f31,D57] s (350z1 S ;s1,o5Z} $ n31,05Q) 5 1E1,0521 S 15t,052n S (31,0521 $ (31,0521 S (31. S a $ 6 S S S a $ S AG Tee Su , ardMwwftwftft $ S Q2M S 20 S S $ S S S E S S $ S S S S $ S S $ oes r.n:n sa a1kx+ s a 2.69w a v66(s s a $ a $ s s s s s s s s s $ : s ron3 Annual Cwb m L'04n( $RMISM S 03MM i O&M S p1jMj s 131AM $ WN0 S + Am $ P1.0m $ 039,DFA s (31,D61 S IMAM S 4 S f S S $ $ $ s MCT A1616111A1 rhQL! CS r%W WLCal C(a]An1r_1Mr_ I20z3 lFrT- yearencilIVI 2013 2034 2015 21116 2017 2018 2019 2020 2021 2022 2023 7024 2025 2026 2027 ZOzB 2029 2030 2031 2032 N!3 Cash Flow from Estimated Energy Savings .. .. _(wtih Inflation $ (222,150) $ (6,139) S (5,703) S (1,052) $ (002) $ (145) $ 319 $ 789 $ 1,267 $ 1,751 $ 2,244 $ 33,795 $ 34,302 S 34,817 $ 35,339 S 35,869 $ 36,407 $ 36,953 S 37,507 $ 38,070 S 38,041 Cumulative 5 0216M S OU M S 1230.%Z S (2 044) S MSS46] S M.7911 S f23 AM $ MM.863) 3 (IT3,41.71 $ (z31,685) 5 (229,A221 a MON pV/Is4e'S1126,508) S (91,1e6l S i55.3001 S (16.604) S 16p59 S $S,W S 93,636 S 192277 Cash Flow from Guaranteed Energy Savings wlth inflation $ (222,150) S (9,051) $ (8,658) $ (4,052) $ (3,847) $ (3,236) $ (2,819) $ (2,395) $ (1,965) $ (1,529) $ (1,086) S 30,416 $ 30,872 $ 31,335 $ 31,805 $ 32,282 S 32,788 S 33,258 $ 33,757 $ 34,263 $ 34,777 Cwnulathm S I2$.1SD] S (231") $ fT OD1 S pW,e121 S ($47,5661 S 9z50.7943 $ (759,61:9 5 =0M] $ f257.f773} S (259,502] S (z6o,59$] 4MMVM ss4assM S (187.7a6) 5 (1%1611 $ (%aVa) S (71,t IM S [37$rYS1 S (4.0991 S 30184 S 84.941 in ESCO III Information Increasing our City's energy efficiency Packet Page 274 of 343 What is the ESCO Process? • Established by the S for agency usage gT"TE Washington State Department of Energy Savings 'r. Enterprise Services Performanceld ,{ ,ass Energy Program C t• • Department of Enterprise T Services • Streamlined selection of engineering firm • Investment grade audit • Guaranteed energy savings • Same firm performs audit and acts as general contractor `nC. 1sC)'i on rac ing Saving Facility Resources Packet Page 275 of 343 What has Edmonds done.? City of Edmonds Library Electrical Usage and Demand 100.000 90.000 80.000 70.000 6Q.000 _ 50.000 a, 40.000 0 30.000 20,000 10.000 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Date 111111111111111111112004 kWh 111111111111111111112006 kWh +2004 kW A 2006 kW 160 140 120 100 Y 80 R E 60 40 20 0 Packet Page 276 of 343 I • Brought new heat pumps to the ., • Added digital control system to worn-out pneumatics at Library New generator for City Hall • Replaced HVAC sy City Hall stem components at I kh • Installed digital controls to enable HV C remote scheduling at City Hall r rf *j Packet Page 277 of 343 What will be ESCO III? (Part • Conversion LED of decorative street lamps to • Conversion of virtually all and yards to LED lighting F, City parking lots Interior occupancy sensors for buildings Replacement of Yost boiler • Replacement of 5 Center heating units at Senior • HVAC upgrade for Council Chambers Packet Page 279 of 343 What will be ESCO III? (Cont.) • Add itional controls upgrades ^V • Heating and water eat' ure�control at th WWT Leverages $187,,586 grant from DO�d Leverages $60,476 grants from PUD and LI DC IC ram -qdMIjmIII Positive cash flow i n 6 years. Packet Page 280 of 343 Snapshot of ESCO III Cash Flow ANNUAL PROJECT COSTS Amount Financed: $ (280,176) Cash Payment: $ (222,150) Year ending 2013 2014 2015 2016 2017 2018 2019 2020 2021 Annual Financing Costs $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) AQTech Support and Monitoring $ - $ (2,207) $ (2,207) $ - $ - $ - $ - $ - $ - DES Tech Support & Monitoring $ $ (2,000) $ (2,000) $ $ $ $ $ $ Total Annual Costs to Client $ (222,150) $ (35,259) $ (35,259) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) NET ANNUAL CASH FLOW WHEN FINANCING PROJECT: Year ending 2013 2014 2015 2016 2017 2018 2019 2020 2021 Cash Flow from Estimated Energy Savings $ (222,150) $ (6,139) $ (5,703) $ (1,052) $ (602) $ (145) $ 319 $ 789 $ 1,267 (with inflation) Cumulative $ (222,150) $ (228,289) $ (233,992) $ (235,044) $ (235,646) $ (235,791) $ (235,472) $ (234,683) $ (233,417) Cash Flow from Guaranteed Energy Savings $ (222,150) $ (9,051) $ (8,658) $ (4,052) $ (3,647) $ (3,236) $ (2,819) $ (2,395) $ (1,965) (with inflation) Cumulative $ (222,150) $ (231,201) $ (239,860) $ (243,912) $ (247,558) $ (250,794) $ (253,613) $ (256,008) $ (257,973) Packet Page 281 of 343 Questions? Packet Page 282 of 343 AM-5500 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 5 Minutes Submitted By: James Lawless Department: Police Department Committee: Public Safety, Personnel Type: Information Subject Title Amendment to Domestic Violence Coordinator ILA with the City of Mill Creek. Action Recommendation Staff recommends and requests approval and forward to full Council for approval via consent agenda. Previous Council Action The original ILA was approved by full Council via consent agenda on 8/14/12. Narrative 13. A. Since January 2007, the city of Edmonds and the City of Mill Creek by interlocal agreement have shared services of a Domestic Violence Coordinator. On 8/21/12, the Council approved the renewal of the ILA (which was formally entered into on 10/1/12) which called for the incumbent, who is a part-time City of Edmonds employee, to spend approximately 2/3 time here at Edmonds, with the balance at Mill Creek. This allocation between Mill Creek and Edmonds was based on the prior interlocal agreements. Representative duties are to provide coordination of domestic violence related cases between the victim, police department, prosecuting attorney's office and courts of jurisdiction. Additional duties include community education on domestic violence issues and training of department personnel relative to domestic violence. Work is performed in a support position for and within the police department in a civilian capacity. Our experience is that a Domestic Violence Coordinator can provide an effective level of service to DV victims, and to the overall prosecution effort, that is difficult to match absent such a designated person. The employee would be supervised by the Edmonds Police Department under Support Services. The police department is requesting authorization to continue the agreement with Mill Creek as both agencies believe this is in the best interest of our citizens. The position will be covered under the terms of the current Edmonds Police Officers' Association contract. Funding for this position is already provided for in the current General Fund Administrative Services. The Edmonds Police Department desires to reduce the number of hours committed to Edmonds from 12 to 6 per week in order to accomodate the incumbant. As a result, the current ILA must be amended to properly reflect the distribution of hours between Mill Creek and Edmonds. The ILA has been reviewed by the City Attorney and is approved as to form. Amended DV Coordinator ILA Inbox City Clerk Mayor Finalize for Agenda Form Started By: James Lawless Final Approval Date: 03/05/2013 Attachments Form Review Reviewed By Date Sandy Chase 03/04/2013 01:12 PM Dave Earling 03/05/2013 08:29 AM Sandy Chase 03/05/2013 11:47 AM Started On: 02/13/2013 04:35 PM Packet Page 283 of 343 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS, WASHINGTON AND CITY OF MILL CREEK, WASHINGTON FOR A DOMESTIC VIOLENCE COORDINATOR THIS AMENDMENT ("Amendment") is made and entered into as of the date set forth below between the City of Edmonds, a Washington municipal corporation ("Edmonds"), and the City of Mill Creek, a Washington municipal corporation ("Mill Creek") (collectively "the Parties"). RECITALS A. The Parties entered into an interlocal agreement dated October 1, 2012 ("the Agreement"), under which the City of Edmonds agreed to provide the services of a Domestic Violence Coordinator ("DVC") to the City of Mill Creek in exchange for payment of a specified monthly sum. B. Section Lb of the Agreement provides, inter alia, that in return for compensation, Edmonds shall direct the DVC to provide Mill Creek with domestic violence coordinator services for approximately thirty-three percent (33%) of the total work time to be provided by the DVC under the Agreement, and to provide Edmonds with services for the remaining approximately sixty-six percent (66%) of the total work time. C. Since entering into the Agreement on October 1, 2012, the DVC providing services under the Agreement has determined to decrease her work hours from nineteen (19) to twelve (12) hours per week. However, the DVC will continue to provide Mill Creek with six (6) work hours per week — the same number as was previously provided. The parties have determined that, due to the possibility of further fluctuations in the DVC's weekly hours, it is impractical to reference her work time under this Agreement in percentages. Instead, the parties have agreed that Mill Creek will be provided with approximately six (6) hours of the DVC's work time per week on the payment terms previously agreed upon. D. The Parties desire to amend the Agreement to clarify this change to its terms. NOW, THEREFORE, in consideration of the mutual benefits herein contained, the Parties hereby agree as follows: 1. Section Lb. of the Agreement is hereby amended to read as follows: 1. Purpose: b. In return for compensation, Edmonds shall direct the DVC to provide Mill Creek with services for approximately six (6) hours per week at mutually agreed upon times and days. Both parties accept minor Amendment to Mill Creek DV Coordinator Interlocal Agreement Page 1 of 3 Packet Page 284 of 343 variation to the six (6) hours per week schedule, as it is considered impractical to insure precise distribution of the DVC's weekly work hours due to the variation of workload requirements on any particular day, and distribution of holidays, sick leave and vacation days. 2. Section 4.a. of the Agreement is hereby amended to read as follows: 4. Compensation from Mill Creek a. Mill Creek shall pay Edmonds a percent of Edmonds' salary and benefits costs for the DVC that is equal to the percentage of time the DVC is assigned to provide services to Mill Creek. The amount will be billed in monthly installments. Should the DVC position be vacant for a portion of the month, Edmonds shall pro -rate the invoice accordingly. The total payments by Mill Creek for 2013 services shall not exceed $11,071.92. The annual not to exceed amount will be adjusted annually by an amount equal to the percentage Edmonds' hourly salary and benefit costs increase for the DVC as negotiated within its collective bargaining agreement with the Edmonds Police Officers Association. 3. This amendment shall be retroactively effective to January 1, 2013, the date the DVC work hours were reduced from 19 to 12 hours per week. 4. All other terms of the Agreement shall remain in full force and effect except as amended by this Amendment. If a conflict arises between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year written below. EXECUTED this day of , 2013. CITY OF EDMONDS CITY OF MILL CREEK By: — Mayor David O. Earling By: Amendment to Mill Creek DV Coordinator Interlocal Agreement Page 2 of 3 Packet Page 285 of 343 ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: By: Sandra S. Chase, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Office of the City Attorney Amendment to Mill Creek DV Coordinator Interlocal Agreement Page 3 of 3 Packet Page 286 of 343 AM-5561 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 30 Minutes Submitted For: Council Member Bloom Department: Committee: Subject Title Animal Licensing Recommendation Police Department Public Safety, Personnel Previous Council Action Submitted By: Al Compaan Tyne: Information 13. B. Narrative Public Safety Committee requested discussion on two topics related to animal licensing. First is whether there should be required licensing of cats. Second is whether duration of domestic animal licenses issued by the city should be on an annual or biennial basis. Representatives of Edmonds Animal Control and the Police Department will be available to assist with the discussion and to answer questions. Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Al Compaan Final Approval Date: 03/07/2013 Form Review Date 03/06/2013 03:17 PM 03/07/2013 12:44 PM 03/07/2013 01:14 PM Started On: 03/06/2013 02:19 PM Packet Page 287 of 343 AM-5538 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 10 Minutes Submitted For: Councilmember Fraley-Monillas Department: City Council Committee: Public Safety, Personnel Submitted By: Jana Spellman Tyne: Action Information 13. C. Subject Title Discussion and potential action regarding possible amendment of City Code 8.48 Parking, Paragraph 8.48.215 B. 2. Recommendation Previous Council Action On June 19, 2007 the Edmonds City Council passed Ordinance 3653 regarding parking infraction fines. Attachment 1: 6-19-2007 Approved Council Minutes Attachment 2: Ordinance 3653 Narrative The City -Wide Parking Committee has reviewed parking infraction penalties in this area. Due to limited time frames of parking enforcement to report and submit parking infractions to court within 24 hours, Edmonds Municipal court is unable to process reduced infractions within the 24 hours required by Ordinance 3653. Currently court staff are creating a separate tracking system to accept reduced penalties without written documents to verify infraction. This has caused an increased workload in a department that has reduced staffing. Edmonds Municipal Court has asked the City -Wide Parking Committee to review the Court's request to amend the City Code. The Committee is recommending elimination ofParagraph 2 (see below) of Section B of 8.48.215 Parking infraction penalties. 8.48.215 Parking infraction penalties. A. Any person who commits a parking infraction shall be assessed the following civil penalty, unless otherwise provided herein: 1. All parking infractions, whether on public streets or within lots, except as detailed in subsection (A)(2) of this section: $40.00; 2. Unauthorized handicapped zone parking: $450.00. B. All persons who have committed a parking infraction and are issued a notice of infraction for a violation of subsection (A)(1) of this section shall be assessed a reduced fine of $20.00 for that violation if: 1. It is their first violation; and 2. The individual pays, or mails the payment for, the penalty by the end of the next business day after the issuance of the notice of infraction. Packet Page 288 of 343 Attachments Attach 1: July 19, 2006 Approve Council Minutes Attach 2: Ordinance 3653 Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jana Spellman Final Approval Date: 03/07/2013 Form Review Date 03/05/2013 10:14 AM 03/07/2013 05:01 PM 03/07/2013 05:10 PM Started On: 02/26/2013 07:45 PM Packet Page 289 of 343 entrances. She noted with adequate signage, this program was self -enforcing similar to signage requiring dogs be leashed. Ms. Peterson described plans for a celebration when Tobacco Free Parks takes effect, displaying photographs of the celebration in Lynnwood when their parks became tobacco free that included a ceremony with the Mayor and a Snohomish County Health District Officer to describe role modeling of healthy behavior. She advised the Health District provided refreshments and give-aways at the celebration that supported Tobacco Free Parks. Mr. McIntosh advised the recommendation from staff included a celebration on July 31 at City Park at 12:30 p.m. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO ADOPT "FOR OUR KIDS: TOBACCO FREE PARKS" PROCLAMATION TO INCLUDE ALL CITY PARKS AND TRAILS WITH A KICK-OFF EVENT AND CELEBRATION AT 12:30 P.M. ON JULY 31, 2007 AT CITY PARK. Councilmember Moore pointed out the Snohomish County Health District donates the signs so there is no cost to the City. She noted the program would apply to the City's beaches as well. She anticipated the program would be accepted by the public with adequate signage. MOTION CARRIED UNANIMOUSLY. Proposed Increase in 6. PUBLIC HEARING REGARDING A PROPOSED INCREASE IN PARKING INFRACTION Parking FEES. Infraction Fees Assistant Police Chief Gerry Gannon explained in July 2003 the Council approved a survey of downtown parking. The survey results recommended the parking fines be restructured. The Downtown Parking Committee reviewed fines earlier this year. Based on work done by Parking Enforcement Officer Debbie Dawson, the Parking Committee and staff recommend the Council implement the proposed ordinance which doubled the current fines. He pointed out it had been approximately ten years since there had been any increase in parking fines. He highlighted major changes including the change in the fire zone penalty so that all parking zones are treated the same. A first parking violation is $40 and could be reduced by 50% if paid within 24 hours. A second violation is $40; the fine for subsequent violations double up to $160. The fines start over each year. He highlighted a section that was added, explaining there previously was no way to force a violator to move after an infraction had been issued. New language in the proposed ordinance would allow subsequent parking fines every three hours. He summarized the proposed changes were an effort to get the public to comply with parking restrictions. Councilmember Orvis commented the intent of the proposed increase was compliance. Assistant Chief Gannon agreed. For Councilmember Wambolt, Assistant Chief Gannon explained a first offense was $40 but could be reduced to $20 if paid within 24 hours. Mayor Haakenson opened the public participation portion of the public hearing. Karen Wiggins, Chair, Downtown Parking Committee, supported the proposed change to the parking fine structure to improve parking in downtown Edmonds. She also supported the change that allowed another infraction to be issued after three hours if the vehicle was not moved. Hearing no further public comment, Mayor Haakenson closed the public hearing. Edmonds City Council Approved Minutes June 19, 2007 Page 5 Packet Page 290 of 343 Councilmember Moore suggested in the future the Parking Committee consider the fine for parking in a fire lane. She noted parking in a Handicapped Zone was State regulated and the fine was $250. As parking in a fire lane was a public safety issue, it may warrant a larger fine. Ms. Wiggins agreed parking in a fire lane should be reviewed as a separate issue. COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER MARIN, TO APPROVE THE PROPOSED ORDINANCE INCREASING THE PENALTIES FOR PARKING rd# 3653 INFRACTIONS. MOTION CARRIED UNANIMOUSLY. The Ordinance reads as follows: Parking Infraction Ordinance No. 3653 — Amending the provisions of Chapter 8.48.215 Parking Infraction Penalties Penalties in order to increase parking fines. ommute Trip 7. PRESENTATION ON DRAFT CITY OF EDMONDS COMMUTE TRIP REDUCTION PLAN eduction Plan Development Services Director Duane Bowman explained the City has been involved in Commute Trip Reduction (CTR) since 1993 and there is a CTR section of the code. In 2006, the Washington State Legislature passed the Commute Trip Reduction Efficiency Act which amended the CTR requirements for local governments in counties experiencing the greatest automobile -related pollution and traffic congestion. The purpose of the amendments was to require local governments to develop and implement plans to reduce single occupancy vehicle trips. The Plan supplements the work that had already been done and established direct goals. Each city received a small amount from the State for this update; cities in Snohomish County pooled their funds and Snohomish County hired Perteet, Inc. to prepare the draft plans. Perteet then worked with city staffs and major employers throughout the County to develop the proposed plan. The draft plan focuses on reducing drive alone trips and vehicle miles traveled (VMT) among employees who work for major employers. In Edmonds the three major employers are the City, Stevens Hospital and Edmonds Family Medical Clinic. The plan has set a goal of reducing drive alone trips by 10% and VMT by 13% for major employers by 2011. He advised staff sought a motion from the Council to forward the Plan to the Puget Sound Regional Council (PSRC) for review. The City would not adopt the Plan until it was reviewed and any changes recommended by PSRC. Jonathan Dong, Perteet, Inc., explained the City was required under the Commute Trip Reduction Efficiency Act to prepare a Plan that meets State requirements. The purpose of the Plan was to address how the City would assist affected work sites meet their goals. He advised the proposed Plan was prepared in coordination with nine other jurisdictions in Snohomish County who are also required to prepare a Plan. Working with the other Snohomish County cities, a set of strategies were developed to assist affected work sites meet their goals. The Plan recommended the three affected work sites in Edmonds promote transit services that are available to the sites to encourage visitors and employers to utilize transit. The Plan recommends increasing and promoting the availability of vanpool and carpool services. The Plan also encourages the sites to promote biking and walking as a viable option as the sites offer amenities such as bike racks, lockers, showers, etc. Mr. Dong advised the plan would be administered by Community Transit via contract with the City. CT will administer the program, work with employers, monitor performance each year and provide an annual report. This is financed via State CTR funding that the City receives. Councilmember Marin asked him to highlight Snohomish County's role in coordinating the Plan. Mr. Dong advised Snohomish County was the lead agency in the development of the Plan. In June 2006 Snohomish County recognized it would be more efficient for the cities to work together on a strategy and recommended pooling resources to hire a consultant and proceed with a methodical approach to developing a Plan. Edmonds City Council Approved Minutes June 19, 2007 Page 6 Packet Page 291 of 343 0006.90000 WSS/gjz 5/20/07 ORDINANCE NO.3653 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 8.48.215 PARKING INFRACTION PENALTIES IN ORDER TO INCREASE PARKING FINES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, in order for fines to be meaningful and to cover the costs of enforcement, they must be reviewed and approved; and reviewed; and WHEREAS, it has been some time since the City's parking infractions have been WHEREAS, the City Council finds it to be in the public interest and necessary for cost recovery to increase the cost of parking fines; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code, Section 8.48.215 Parking infraction penalties is hereby amended to read as follows: 8.48.215 Parking infraction penalties. A. Any person who commits a parking infraction shall be assessed the following civil penalty, unless otherwise provided herein: 1. All parking infractions whether on public streets or within lots, except as detailed in subsections (A)(2) of this section: $40.00; 2. Unauthorized handicapped zone parking: $250.00; {WSS661253.DOC;1/00006.900000/1 - I - Packet Page 292 of 343 B. All persons who have committed a parking infraction and are issued a notice of infraction for a violation of subsection A (1)of parking infraction ordinances shall be assessed a reduced fine of $20.00 for that violation i£ 1. It is their first violation; and 2. The individual pays the penalty within 24 hours of the issuance of the notice of infraction. C. Repeat Violations Within One Calendar Year. 1. For persons who commit repeated parking violations within one calendar year, there shall be no opportunity for reduction and the penalty shall stand as stated in subsection (A) of this section regardless of when the penalty is paid; provided, however, that nothing herein shall be interpreted to prohibit the court from imposing additional penalties and costs for late payment. 2. After the second violation, the penalty listed in subsection (A), with the exception of A (2) of this section, shall be to $40.00 with no reduction. After the third violation, the penalty listed in subsection (A) of this section shall be increased to $80 and all subsequent violations within one calendar year shall pay a civil penalty equal to $160.00 per violation. 3. Each subsequent violation of the posted period of parking time constitutes another violation. Calculation of the new period of parking time begins immediately after a notice of infraction has been issued. 4. Any person who remains free of parking infractions for one calendar year shall revert to the base fine set forth in subsection (A) of this section to the end that, after a one-year period free of violation, the offense shall be considered a first offense and subject to reduction as provided above if paid within 24 hours. D. Any person who commits a parking infraction, and who fails to respond to the notice of that infraction within 15 days of its issuance, shall be assessed twice the civil penalty for such infraction as is set forth in subsections (A) and (B) of this section. Such penalty shall be in addition to any other penalties or fines imposed for failure to respond to a notice of parking infraction. E. "Person" as used in this section shall refer to the registered owner of the vehicle found to be in violation of the parking provisions of this chapter. {WSS661253.DOC;1/00006.900000/1 -2- Packet Page 293 of 343 Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally 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. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. W. SCOTT SNYDER APPROVED: MAYOR GARY HAAKENSON FILED WITH THE CITY CLERK: 06/15/2007 PASSED BY THE CITY COUNCIL: 06/19/2007 PUBLISHED: 06/24/2007 EFFECTIVE DATE: 06/29/2007 ORDINANCE NO. 3653 {WSS661253.DOC;1/00006.900000/1 - 3 - Packet Page 294 of 343 SUMMARY OF ORDINANCE NO.3653 of the City of Edmonds, Washington On the 19th day of June, 2007, the City Council of the City of Edmonds, passed Ordinance No. 3653. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 8.48.215 PARKING INFRACTION PENALTIES IN ORDER TO INCREASE PARKING FINES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of June, 2007. CITY CLERK, SANDRA S. CHASE {WSS661253.DOC;1/00006.900000/1 - 4 - Packet Page 295 of 343 AM-5516 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 15 Minutes Submitted For: City Council 13. D. Submitted By- Jana Spellman Department: City Council Review Committee: Public Safety/Personnel Committee Action: Cancel Type: Information Information Subject Title Student and Senior Volunteers Recommendation Previous Council Action This ordinance was discussed during the July 10, 2012 Public Safety and Personnel Committee (Attachment 1 - Minutes). This ordinance passed on the July 17, 2012 Council Agenda (Attachment 2). This item was discussed during the 2013 Council Retreat (Attachment 3 - Minutes). Narrative This item has been placed on this Committee for further discussion. Attach 1: 7-10-12 PS/P Committee Minutes Attach 2: Ord 3890 Attach 3: 2013 Council Retreat Approved Minutes Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jana Spellman Final Approval Date: 03/07/2013 Attachments Form Review Date 03/05/2013 11:46 AM 03/07/2013 12:48 PM 03/07/2013 01:14 PM Started On: 02/20/2013 10:45 AM Packet Page 296 of 343 MINUTES PUBLIC SAFETY AND PERSONNEL COMMITTEE MEETING JULY 10, 2012 Elected Officials Present: Councilmember Joan Bloom Councilmember Kristiana Johnson Staff Present: Sandy Chase, City Clerk The meeting was called to order at 6:03 p.m. by Councilmember Bloom. A. Renew Domestic Violence Coordinator Position with the City of Mill Creek. This item was removed from the agenda. It is to be rescheduled on the August Committee Meeting Agenda. B. Discussion Regarding Student Representatives on Boards & Commissions. Councilmember Bloom stated that she had a question with regard to the date the term for student representatives would begin noting the ordinance currently indicates the term would commence on August 1" of each year. She indicated that she spoke with Jeff Taraday, City Attorney, and he said the date does not matter, and that it is up to the City Council. Councilmember Bloom suggested the date be closer to the start of school. Councilmember Johnson stated she had the same concern with the date and suggested the date be changed to September 1st. Councilmember Bloom agreed that would be a more reasonable date. Councilmember Bloom commented that the City Council Student Representative typically does not serve through the summer months (only the school year). She noted that the City Attorney suggested including a sentence that reads: "Attendance at meetings during the summer would be considered optional." Councilmember Johnson agreed with adding this sentence. Committee members discussed how the ordinance would be brought to the attention of all of the city's boards and commissions. The committee members suggested the City Clerk forward the ordinance to department directors to be sure the boards and commissions are notified of this ordinance once adopted. The committee further discussed the need for minute takers for all of the boards and commissions. Action: The committee recommended revising the ordinance to change the term to commence on September 1st, and adding the sentence: "Attendance at meetings during the summer would be considered optional." The committee further recommended placing the ordinance on the July 17, 2012 City Council Consent Agenda. C. Public Comments No members of the public were present. The meeting adjourned at 6:25 p.m. Packet Page 297 of 343 ORDINANCE NO.3890 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW CHAPTER TO THE EDMONDS CITY CODE RELATING TO STUDENT REPRESENTATIVES ON THE CITY'S BOARDS AND COMMISSIONS. WHEREAS, certain boards and commissions of the City of Edmonds have expressed interest in appointing a student member; and WHEREAS, the city council has enjoyed the participation of a student representative on the city council; and WHEREAS, the city council would like to create additional opportunities for student involvement on the City's boards and commissions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. A new chapter 10.03 of the Edmonds City Code, entitled "Student Representatives on City's Boards and Commissions," is hereby added to read as follows: 10.03 STUDENT REPRESENTATIVES ON CITY'S BOARDS AND COMMISSIONS 10.03.010 Student representative authorized. 10.03.020 Qualifications. 10.03.030 Appointment process. 10.03.040 Term. 10.03.010 Student representative authorized. Any board or commission that derives its authority from the ordinances codified in this Title 10 may appoint a high school or college student to participate as a non -voting member of the board or commission. This person shall be known as a student representative. Student representatives may not attend executive sessions of the body to which they have been appointed. -I- Packet Page 298 of 343 10.03.020 Qualifications. Student representatives must be residents of the City of Edmonds, but they need not attend school in Edmonds. 10.03.030 Appointment process. Vacancies should be publicized on the city's website and through outreach to local high schools and colleges when city resources allow for such publication and outreach. Each board or commission interested in appointing a student representative is authorized to prepare a short application form that is relevant to the charge of the board or commission. If more than one application is submitted, all applications shall be forwarded to the board or commission for consideration. After the applications have been considered, nominations shall be voted on by the board or commission in an open public meeting. 10.03.040 Term. Each student representative shall serve a one-year term that commences on September 1st of each year. Student representative attendance at board or commission meetings during the summer shall be optional and any absences during the summer shall be excused by the board or commission. A student representative may apply for re -appointment to the same position for successive terms, PROVIDED THAT the board or commission shall evaluate all applicants for the student representative position and any re -appointment shall be voted on in an open public meeting. A student representative may be removed for cause prior to the end of the term on a super majority vote of the full board or commission. 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. -2- Packet Page 299 of 343 ATTEST/AUTHENTICATED: z4o,,-� -&- efL-�t" CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY; BY JEFF TARADAY FILED WITH THE CITY CLERK: 07-13-2012 PASSED BY THE CITY COUNCIL: 07-17-2012 PUBLISHED: 07-22-2012 EFFECTIVE DATE: 07-27-2012 ORDINANCE NO. 3890 Packet Page 300 of 343 SUMMARY OF ORDINANCE NO.3890 of the City of Edmonds, Washington On the 17"' day of July, 2012, the City Council of the City of Edmonds, passed Ordinance No. 3890. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW CHAPTER TO THE EDMONDS CITY CODE RELATING TO STUDENT REPRESENTATIVES ON THE CITY'S BOARDS AND COMMISSIONS. The full text of this Ordinance will be mailed upon request. DATED this 18'' day of July, 2012. 4840-7251-8158, v, 1 _4_ CITY CLERK, SANDRA S. CHASE Packet Page 301 of 343 Affidavit of Publication STATE OF WASHINGTON, } COUNTY OF SNOHOMISH 5ilAfFAAFIY OF OFiD,iJVANC tt0L3qL of iheCiCitsyy ril E�mon�da, Washlni 3 On the 17th day of July, 2012. she City Counal of the City of Edm&'d:3 prdlmm" NO. 38W. A stunnrary of the content of saki * oonL Bljn of the t�ia. provider, as follows: AN ORDINANCE pF THE CITY or EDMONDS. WASHINGTON, ADDING A NEW CHAPTER TO THE EDMONDS CITY CODE RELATING TO STUDENT RIIPRESFNTA71VES ON THE CIT!"S BOARDS AND COMMsSSIONS. The full text of this Ordinance will W_ mailed upat raquest- DATED ifs IBIh day of Juy. 20t2. CITY CLERK. SANDRA S. CHASE Published: My 22, 2C;f2. S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summary of Ordinance No. 3890 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: July 22, 2012 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 23rd day of a , 2012 1 1�Ole t�i7 Notary Public in and for the State of Washington, residin al E rett. County. i% 7 17-2tJ1r ` CIF NfA�' Account Name: City of Edmonds ~Account Number: 101416 Order Number: 0001787713 Packet Page 302 of 343 March Teams formed — late March Results teams determine criteria for funding of Offers Early April Request for Offers is distributed and funding criteria is communicated Mid -April Departments complete the Request for Offer process, indicating how the Mid -April to late May specific submittal meets the funding criteria established by the Results Team Results Teams rank Offers based on the extent to which they achieve Early June success in reaching the community priority Departments revise Offers based on feedback from Results Team Early July Final rankings are determined by Results Teams, rankings are Late July communicated to Mayor to be included in Preliminary Budget Mayor presents Preliminary Budget to Council Early October Council reviews budget during public hearings Mid -October to early November Adoption of final budget Late November to early December Discussion followed regarding Redmond's expenditure of $200,000 for consultants to assist with initiating a BP process, Ordinance No. 3789 that allows for a biennial budget, initial painful process, and composition of Results Teams. Summary: City Council to confirm community priorities and volunteer for Results Teams. 7. PFD STRUCTURE, DEBT REPAYMENT, AND/OR CAPITAL RESERVE Mr. Hunstock distributed and reviewed information regarding the Edmonds Public Facilities District (EPFD) including its creation, the 2002 Interlocal Agreement regarding purchase of the site, the City bonding on behalf of the EPFD, the 2008 Interlocal Agreement, and Contingent Loan Agreement (CLA). He distributed bond payment schedules for 2002 and 2008 bonds and EPFD estimated revenues and expenditures. He noted the EPFD estimated revenues and expenditures is worst case scenario, and does not include naming rights and other possible revenue sources. It also assumes sales tax credit ends in 2026; if that is extended by the Legislature, the EPFD's financial picture improves. Discussion followed regarding concern that the EPFD's financial information was not readily available when requested, having the Finance Committee review the EPFD's financial information, concern the EPFD's budget does not include funds for a capital reserve, concern the City's elected officials were not included in the EPFD's entrance and exit conferences, composition and purpose of the PFD Task Force, the EPFD as a separate governmental agency, significant infrastructure needs for the Edmonds Center for the Arts (ECA) building, assistance City staff has provided ECA staff, possibility of FEMA grant if the ECA can serve as emergency operations facility and the City's Finance Director as an ex-officio member of the EPFD Board. Summary: City needs to be an active participant. 8. STUDENT AND SENIOR VOLUNTEERS A. VOLUNTEER RECOGNITION Councilmember Johnson proposed the Mayor and Council have an event to recognize all volunteers. The City has 16 different advisory boards, committees, commissions and taskforces that give advice to City Council; Edmonds City Council Retreat Draft Minutes February 1-2, 2013 Page 19 Packet Page 303 of 343 approximately 120 people. She relayed Councilmembers Fraley-Monillas and Yamamoto have agreed to make an initial recommendation. She is seeking a date, location, the nature of the event and the cost. A brief discussion followed regarding the possibility of holding an event at the Senior Center, volunteer recognition events held by other organizations and seeking participation from businesses. Summary: Councilmembers work with administration on a volunteer recognition event. B. STUDENT AND SENIOR VOLUNTEERS Council discussion included identifying projects to involve volunteers in, potential liability of a volunteer doing City business, including an invitation in the City newsletter for volunteers, difficulty finding a Student Representative, ways to recruit more student volunteers, Boards and Commission's efforts to recruit Student Representatives, a suggestion for the Mayor's volunteer to set up outreach to schools, and full-time staff person in Kirkland who engages with youth. Summary: Refer to Committee for further discussion and effort. 10. AUDIENCE COMMENTS Darrol Haug, Edmonds, suggested the City would run better if the Council held more televised retreats. He suggested one televised meeting per month in Council Chambers to discuss items on which the Council will later make a decision. With regard to the Strategic Plan, he pointed out the survey was statistically valid and is representative of the citizens. He expressed support for Budgeting by Priorities (BP), stating it is the best thing the Council can do for the City. He suggested adding one step; once committees and teams have been selected, do a simulated BP process using the 2013 budget in order to, a) understand the process, and b) get citizens involved. He recommended as many of the BP process deliberations as possible occur in the public so the public feels they can be involved. With regard to volunteerism, he encouraged the Council to listen to its volunteers. The City of Seatac reported they have $200,000 in volunteer man hours Ron Wambolt, Edmonds, recalled the City had a biennial budget in 2007-2008 and 2009-2010. It was discontinued because of the difficulty seeing that far ahead. He commented BP seems like a lot of hard work and questioned the real benefits. He suggested asking cities who use that process whether their City ran better economically after BP than it did before BP. With regard to quasi-judicial hearings, he recalled the City Attorney saying Councilmembers want to hold quasi-judicial hearings because they think they are being helpful to citizens but most of the time, the Council has to tell them no. While a Councilmember, he assisted with removing the Council from quasi-judicial hearings but that was later reversed. His research of six hearings before the City Council in recent years, the Council ruled in favor of the Hearing Examiner five times and once in favor of the developer; the citizens lost all six times. Al Rutledge, Edmonds, commented on organizing and holding events in the City. Ken Reidy, Edmonds, urged the Council to highly prioritize the code rewrite and to improve the record keeping for executive sessions by keeping more detailed records. With regard to calling the question, he read from the Municipal Research and Services Center (MRSC) website, "Used to bring the body to an immediate vote. It closes debate and stops further amendment. Contrary to some misconceptions, the majority decides when enough discussion has occurred, not the moderator. The formal motion is to "call for the question" or "call for the previous question," or simply, "I move to close debate." The motion requires a second, is not debatable and requires a two-thirds majority." He suggested the Council consider this related to the Council's vote at their last meeting. Roger Hertrich, Edmonds, suggested when the Council is discussing legal issues, the City Attorney be more direct with his answers. Next, he was glad to hear staff mention chip seal during their presentation. With regard Edmonds City Council Retreat Draft Minutes February 1-2, 2013 Page 20 Packet Page 304 of 343 AM-5515 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 30 Minutes Submitted For: Councilmember Bloom Department: City Council Committee: Public Safety, Personnel Subject Title Ethics Board and Code of Ethics Recommendation Submitted By. Jana Spellman Tyne: Information Information 13. E. Previous Council Action At the 2012 Council retreat, Council made this subject a priority for 2012 (Attachment 1: 2012 Retreat Minutes). This agenda items was discussed during the Public Safety and Personnel Committee on April 10, 2012 (Attachment 2: 4-10-12 Minutes). This item was discussed at the 2013 Council Retreat (Attachment 5: February 2, 2013 Council Minutes). Narrative During the 2013 Council Retreat, this item was discussed and referred back to the Public Safety and Personnel Committee. In reviewing other cities' code of ethics, it was found that code of ethics are inclusive of elected officials, members of commissions and boards, and employees of the city. Edmonds currently has a one page Code of Conduct (Attachment 3) and a Conflict of Interest ordinance (Attachment 4). We will be reviewing code of ethics from the following cities found at: Marysville: http:Hcodepublishinia. com/wa/maasville/html/MaasvilleO2/MarysvilleO280.htm1#2.80 Lynnwood: Attachment 6 Monroe: http://www.codel2ublishinQ. com/WA/Monroe/html/Monroe02/MonroeO252.html#2.52 and the MRSC: h=://www.mrsc.or /� subjects/personnel/ethics.asl2x In addition we will review the Bainbridge Island Ethics Board materials, which are inclusive of code of ethics, and are very comprehensive: htW://www.ci.bainbrid,ge-isl.wa.us/ethics board.aspx Attachments Attach 1 Feb-03-12_Approved_City _Council _Retreat Minutes Packet Page 305 of 343 Attach 2 Al2ril-10-12 Public Safety, Personnel Committee Attach 3 - Exerpt from 2012 FINAL Edmonds Personnel Policies Attach 4 - Ord 3689 Conflict of Interest Attach 5: Draft Feb 2 2013 Council Retreat Minutes Attach 6 -City of Lynnwood Code of Ethics Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Jana Spellman Final Approval Date: 03/07/2013 Form Review Date 03/05/2013 11:46 AM 03/07/2013 05:00 PM 03/07/2013 05:10 PM Started On: 02/20/2013 10:44 AM Packet Page 306 of 343 before the Council is first a committee meeting or work session. Issues that have a financial impact will be discussed at a work session rather than just by the Finance Committee. It was the consensus of the Council to change the name of the Community Services/Development Services Committee to the Public Works, Parks and Planning Committees. • Mission Statements Committees will determine whether to develop a mission statement. Councilmembers Buckshnis and Yamamoto will develop a mission statement for the Finance Committee. • Clarify the Public Safety/Human Resources Committee It was the consensus of the Council to change the name of the Public Safety/Human Resources to Committee to the Public Safety and Personnel Committee. • Community Outreach, Tree Board Council President Peterson explained there has been a proposal to restart the Community Outreach Committee. Councilmember Plunkett recalled the Community Outreach Committee was discontinued after 3 years; no new methods of communicating were identified. Mayor Earling commented on the potential for an electronic newsletter. Discussion followed regarding whether to form a code rewrite committee so that the code rewrite is Council and citizen driven, technical expertise required for the code rewrite, having staff make periodic presentations at Council work sessions regarding the rewrite, the proposal by staff to restructure the code, providing opportunity for citizen comment but having professionals assemble the changes, citizen knowledge that could benefit the process, concern with citizens participating for their own benefit or at least that perception, proposal to have user groups test the model, ability for any citizen to identify code conflicts regardless of whether there is a committee structure, and asking staff whether forming a committee in the future could be helpful. The Council agreed to seek feedback from Planning Manager Rob Chave and Building Official Leonard Yarberry regarding forming a code rewrite committee and schedule further discussion on a work session agenda. Council President Peterson suggested enhancing the Council portion of the website with more updates, etc. and working with the Mayor on an electronic newsletter and then consider whether a Community Outreach Committee is needed. It was the consensus of the Council to add a Council liaison to the Tree Board and to make it a paid committee position. 0 Ethics Council President Peterson recalled there has been discussion about developing a code of ethics for Councilmembers. Councilmembers Fraley-Monillas, Bloom and Petso offered to serve on an ad hoc committee that would review other cities' codes and present a draft to the Council. • Miscellaneous Mr. Taraday explained a special meeting notice must be issued for Tuesday committee meetings that begin at 6:00 p.m. If the Council wished to continue holding committee meetings at 6:00 p.m., he suggested revising the code to reflect that start time. Edmonds City Council Retreat Draft Minutes February 2-3, 2011 Page 17 Packet Page 307 of 343 PUBLIC SAFETY/PERSONNEL COMMITTEE MEETING MINUTES April 10, 2012 Committee members present: Council Member K. Michael Plunkett Council Member Joan Bloom Others present: HR Manager Mary Ann Hardie Citizen Don Hall Council Member Plunkett called the meeting to order at 7:19 pm. DISCUSSION ON CODE OF ETHICS (RELATING TO COUNCIL MEMBERS) Council Member Michael Plunkett opened the discussion by stating it was unclear as to what action/direction should be taken at this point with regard to this as Council had not given any specific direction regarding this topic although one or some council member(s) may have wanted to discuss this further. Council Member Joan Bloom stated that she had reviewed the City of Kirkland's Code of Ethics and the Mountlake Terrace Code of Ethics and there were some concerns that she had with using a code of ethics similar to theirs. Council Member Bloom further stated that she was not aware that there was a code of ethics for Council Members. HR Manager Mary Ann Hardie affirmed this. Council Member Bloom stated that she would like to build a policy regarding a code of ethics and that this process needs to move forward. Council Member Plunkett stated that he was willing to discuss this topic since it was on the agenda, but that that he may not be interested in moving this forward [for Council consideration]. Ms. Hardie stated that she had discussed this HR Committee subject with Carrie Hite (Parks, Recreation & Cultural Services Director) prior to the meeting and that they both agreed that HR would likely not be the best (nor most appropriate) committee for this forum. Additionally, while HR had provided samples of codes of ethics from other cities it would seem that the City Attorney and/or the City Clerk's Office [or Council] may be more appropriate for this process. Ms. Hardie also emphasized that HR was willing to continue to provide information as needed to the committee to assist with the process, but that this was not a [specific to] HR function since it did not pertain to employee related policies. There was some discussion that followed by the committee about what the process would be to create a code of ethics policy for Council members, creating a committee for this and whether or not the HR Committee was the appropriate committee for the discussion. Council Member Plunkett emphasized his concern about the subjectivity of some of the other policies from other cities and that [while the City may not have a specific code of ethics for Council Members] there are state laws that Council Members must follow. Council Member Bloom stated that she understood Council Member Plunkett's concerns but that due to the expressed interest/concern from the citizens about the possible need for this policy, she felt it was important for: 1) The City of Edmonds to have this policy; 2) this information to be available to citizens (as well as being part of transparency of information and citizen participation); and 3) there to be continued work toward the creation of such a policy. Council Member Plunkett stated that he would like to make this information easier for citizens to access. Council Member Bloom stated that since there does not usually appear to be a large agenda for the HR Committee, that the work on this code of ethics policy could be done at this committee and that the Cities of Kirkland, Mountlake Terrace and another city may be reviewed for further policy consideration. Council Member Plunkett agreed that this could be kept on the HR Committee Meeting agenda and that further review of the policy will occur at the next meeting. Packet Page 308 of 343 PUBLIC COMMENT PERIOD Citizen Don Hall stated that he agreed with Council Member Plunkett that some of the code of ethics policies from other cities that he had come across did appear to be too subjective. Citizen Hall further stated that he became more interested in this topic of discussion after it was discovered that Council Members were not considered to be employees of the City and are not held to the same City Personnel Policy standards although [perhaps] they should be. This process will likely require a lot of "hands on" work and will be a difficult process. The meeting adjourned at 7:44 pm 2 Packet Page 309 of 343 CHAPTER X EMPLOYEE RESPONSIBILITIES AND CODE OF ETHICS 10.1 GENERAL CODE OF CONDUCT The City's primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. All employees are expected to serve the public in a professional manner, which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and department head. Since the proper working relationship between employees and the City depends on each employee's on -going job performance, professional conduct and behavior, the City has established certain minimum standards of personal and professional conduct. Among the City's expectations are: tact and courtesy towards the public and fellow employees; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the City's equipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens. In addition, all persons representing the City of Edmonds are expected to conduct business in the following manner: • All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens' rights, and showing courtesy to all. • Their actions shall be conducted within compliance of the laws and regulations governing the City's actions, including but not limited to RCW Title 42. • City representatives are expected to conduct business in an open manner. • They shall not engage in any conduct which would reflect unfavorably upon City government or any of the services it provides. • They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City's business. 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the City's opinion, with the best interests of the City or interfere with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which: 53 Packet Page 310 of 343 (1) prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; (2) is conducted during the employee's work hours; (3) utilizes City telephones, computers, supplies, credit, or any other resources, facilities or equipment; (4) is employed with a firm which has contracts with or does business with the City; or (5) may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. 10.3 REPORTING IMPROPER GOVERNMENT ACTION In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for speedy dispute resolution. Key Definitions: Improper Governmental Action is any action by a city officer or employee that is: (1) undertaken in the performance duties, whether or not the action employment, and of the official's or employee's official is within the scope of the employee's (2) in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. (3) "improper governmental action" does not include personnel actions (hiring, firing, complaints, promotions, reassignment, for example). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications. City employees who become aware of improper governmental action should follow this procedure: • Bring the matter to the attention of his/her supervisor, if non-involved, in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action. 54 Packet Page 311 of 343 • Where the employee believes the improper action involves their supervisor, the employee may raise the issue directly with Human Resources, their Department Director or the Mayor. Where the employee believes the improper action involves the Mayor, the employee may raise the issue with Human Resources or the City Attorney. • The Mayor or his/her designee, as the case may be, shall promptly investigate the report of improper government action. After the investigation is completed (within thirty (30) days of the employee's report), the employee shall be advised of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. For the purposes of this section, an emergency is a circumstance that if not immediately changed may cause damage to persons or property. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper government action occurred, or that insufficient action was taken by the City to address the improper action or that for other reasons the improper action is likely to recur. Outside agencies to which reports may be directed include: Snohomish County Prosecuting Attorney M/S 504 Everett, WA 98201 (425)388-3333 Washington State Attorney General 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504 (360)753-6200 Washington State Auditor Capital Campus P.O. Box 40021 Olympia, WA 98504 (360)902-0370 If the above -listed agencies do not appear to appropriate in light of the nature of the improper action to be reported, contact information for other state and county agencies may be obtained via the following link: http://access.wa.gov/agency/agency.aspx. It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Retaliatory 55 Packet Page 312 of 343 Action is any material adverse change in the terms and conditions of an employee's employment. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure: Procedure for Seeking Relief against Retaliation: (1) Employees must provide a written complaint to the supervisor within thirty (30) days of the occurrence of the alleged retaliatory action. If the supervisor is involved, the notice should go to the Mayor. If the Mayor is involved, the notice should go to the City Attorney. The written charge shall specify the alleged retaliatory action and the relief requested. (2) The Mayor or his/her designee, as the case may be, shall investigate the complaint and respond in writing within thirty (30) days of receipt of the written charge. Additional time to respond may be necessary depending on the nature and complexity of the complaint. (3) After receiving the City's response, the employee may request a hearing before a state administrative law judges (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the City's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Mayor for response. (4) Within five (5) working days of receipt of a request for hearing the City shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. Office of Administrative Hearings PO Box 42488 Olympia, WA 98504-2488 360.407.2700 800.558.4857 360.664.8721 Fax (5) At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. The Mayor or designee is responsible for implementing these policies and procedures. This includes posting the policy on the City bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. 56 Packet Page 313 of 343 Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. 10.4 POLITICAL ACTIVITIES City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities without a paid rental agreement. Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause. Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights. 10.5 NO SMOKING POLICY The City maintains a smoke -free workplace. No smoking of tobacco products or electronic smoking devices is permitted anywhere in the City's buildings or vehicles, and offices or other facilities rented or leased by the City. If an employee chooses to smoke, it must be done outside at least 25 feet from entrances, exits, windows that open, and ventilation air intakes. 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City cannot assume responsibility for any theft or damage to the personal belongings of City employees. Therefore, the City requests that employees avoid bringing valuable personal articles to work. Employees are solely responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City systems. Employees are advised that work -related searches of an employee's work area, workspace, computer and electronic mail on the City's property may be conducted without advance notice. The City reserves the right to search employee desks, lockers and personal belongings brought onto City premises if necessary. Employees who do not consent to inspections may be subject to discipline, up to and including immediate termination. Please see Attachment A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. 10.7 USE OF TELEPHONES AND CITY VEHICLES Use of City phones and City cellular phones for local personal phone calls and text messaging should be kept to a minimum; long distance personal use is prohibited. Other City equipment, including vehicles, should be used by employees for City business only, unless otherwise 57 Packet Page 314 of 343 approved by the Department Director. Employees' misuse of City services, telephones, vehicles, equipment or supplies can result in disciplinary action up to and including termination. The City reminds employees that Washington state law restricts the use of cell phones and PDA's while driving. Employees must comply with applicable laws while engaging in work for the City. 10.8 BULLETIN BOARDS Information of special interest to all employees is posted regularly on the City bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the Department Head. 10.9 MEDIA RELATIONS The Mayor or designated department heads shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The Mayor or department head may designate specific employees to give out procedural, factual or historical information on particular subjects. 10.10 USE OF SAFETY BELTS Per Washington law, anyone operating or riding in City vehicles must wear seat belts at all times. 10.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain specific City positions, an employee may be required to hold a valid Washington State Driver's license and/or a Commercial Driver's License (CDL). If an employee fails his or her CDL physical examination or the license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her department head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. Failure on the part of an employee to notify their department director of the revocation, suspension, or loss of driving privileges may subject the employee to disciplinary action, up to and including termination. 10.12 SOLICITATIONS Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply: Persons not employed by the City may not solicit, survey, petition, or distribute literature on our premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the City determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community -based fund raising effort. Packet Page 315 of 343 Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non -work time, such as before or after work or during meal or break periods. Soliciting employees who are on non -work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas, or through the City's electronic systems. The employee lunchroom is considered a non -work area under this policy. 10.13 USE OF CITY CREDIT Unless otherwise authorized by City policy or specifically authorized by the Mayor, no City employee is authorized to commit the City to any contractual agreement, especially an agreement that lends the City's credit in any way. Employees are prohibited from conducting personal business with companies in any way which improperly implies the employee is acting as an agent of the City. 10.14 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the well being of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who seek advice or treatment will not be subject to retaliation or discrimination. Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours or on City premises, including break times and meal periods. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. Employees may also not report for work when their performance is impaired by the use of prescribed or over-the-counter medications. The City reserves the right to search employee work areas, offices, desks, filing cabinets etc. to ensure compliance with this policy. Employees shall have no expectation of privacy in such areas. Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. 59 Packet Page 316 of 343 Testing: Certain employees of the City, including those who must possess CDLs or who have safety sensitive positions, are subject to random drug and alcohol testing. Any employee may also be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. The City may also choose to pursue criminal charges, if violations of law are suspected. The City has adopted Drug and Alcohol Testing Policies and Procedures, which more specifically describe the City's substance abuse policy, and these are incorporated herein by reference as Appendix B. Z1 Packet Page 317 of 343 0006.90000 BFP: 5/21/08 ORDINANCE NO.3689 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF TITLE 3 ECC, REVENUE AND FINANCE, TO ADD A NEW CHAPTER 3.70 ECC, CONFLICT OF INTEREST, REGARDING CONTRACTS WITH FORMER EMPLOYEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the city has contracted for professional services with firms that have hired former city employees; and WHEREAS, Chapters 42.20 and 42.23 RCW, which regulates conflict of interest in municipal contracting, does not specifically address dealings with former employees; and WHEREAS, the City Council finds it to be in the best interest of the city to adopt regulations establishing criteria for contracting with former employees or firms that hire former employees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 3.70 ECC, Conflict of Interest., is hereby adopted in Title 3 ECC, Revenue and Finance., to read as follows: Chapter 3.70 CONFLICT OF INTEREST 3.70.000 Definitions. 3.70.010 Restrictions on future employment of city employees. 3.70.020 Disclosure of Privileged, Confidential, or Proprietary Information. {SFP696127.DOC;1/00006.900000/} - 1 - Packet Page 318 of 343 3.70.030 Exemption. 3.70.040 Penalties. 3.70.000 Definitions. The definition of words used in Chapter 3.70 ECC shall be consistent with the definitions, context and usage of the terms in Chapter 42.23 RCW, and their interpretation by Washington Courts. 3.70.010 Restrictions on future employment of city employees. No former city official, officer or employee may, within a period of one year from the date of termination or city employment, accept employment or receive compensation from an employer if: (a) The former city official, officer or employee, during the two years immediately preceding termination of city employment, was engaged in the negotiation or administration of one or more contracts on behalf of the city with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration; and (b) Such a contract or contracts have a total value of more than ten thousand dollars; and (c) The duties of the employment with the employer or the activities for which the compensation would be received include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This session shall not be construed to prohibit a city elected or appointed official or a city employee from accepting employment with a city employee organization. 2. No former city official, officer or employee may, within a period of one year following the termination of city employment, have a direct or indirect beneficial interest in a contract or grant that was expressly authorized or funded by specific legislative or executive action in which the former city official, officer or employee participated. {BFP696127.DOQ1/00006.900000/} - 2 - Packet Page 319 of 343 3. No former city official, officer or employee may, within a period of one year following the termination of city employment, represent any person before any city board, body, agency, department, committee, examiner, adjustor, or commission regarding a specific project the former official or employee worked on, and was in a position to make discretionary decisions or recommendations, during his/her term of service or employment unless: (a) The former city official, officer or employee receives no compensation for representing that person; or (b) The specific project was a legislative issue; or (c) The matter involved in the representation by the former city official, officer or employee directly affects properties owned by the former city official, officer or employee. 4. Any elected or appointed official having the power to perform an official act or action shall, for a period of one year after the termination of his or her employment or term of service, refrain from lobbying the city department, agency, elected body, commission, or board on which they last served unless: (a) The former city elected or appointed official is receiving no compensation for such lobbying; or (b) The matter being lobbied directly affects properties owned by the former elected or appointed official. 3.70.020 Disclosure of Privileged, Confidential, or Proprietary Information. No former city official, officer or employee shall disclose or use any privileged, confidential, or proprietary information gained because of his or her service or employment with the city. 3.70.030 Exemption. 1. The prohibitions of ECC 3.10.010 notwithstanding, the city may contract with a former city official, officer or employee for expert or consultant services within one year of the latter's leaving city service upon determination and approval by resolution from the City Council that: {BFP696127.DOC;1/00006.900000/} - 3 - Packet Page 320 of 343 (a) It is important for the city to obtain the services in the contract, and time is of the essence; (b) The former city official, officer or employee is best qualified to perform the services, and contracting with another would result in undue burden on the city; and (c) The interests of the city, including but not limited to legal, financial and operations, will not be undermined as a result thereof. 2. The prohibitions of ECC 3.10.010 shall not apply to a former official, officer or employee acting on behalf of a governmental agency, if the City Council determines that the service to the agency is not adverse to the interest of the city. 3. Nothing in this ordinance shall prohibit an official elected to serve a governmental entity other than the City of Edmonds from carrying out his or her official duties for that government entity. 3.70.040 Penalties. Any person violating any provision of ECC 3,70.010 and ECC 3.70.020 shall be guilty of a gross misdemeanor and subject to punishment in accordance with ECC 5.50.020. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance is subject to referendum, and shall take effect thirty (30) days after passage and publication of an approved summary thereof consisting of the title. APPRD D: Atle� - MAY G Y AAAKENSON f BFP696127.DOC; 1/00006.900000/) - 4 - Packet Page 321 of 343 ATTEST/AUTHENTICATED: Ad'o��- z &:�� ' TY CLERK, SANDRA S. CHASE APPROVEDYTA : OFFICE OF EY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 06/13/2008 PASSED BY THE CITY COUNCIL: 06/17/2008 PUBLISHED: 06/22/2008 EFFECTIVE DATE: 07/22/2008 ORDINANCE. NO, 3689 (BFFP696127.DDC. 1/00006.9000001) - 5 - Packet Page 322 of 343 SUMMARY OF ORDINANCE NO.3689 of the City of Edmonds, Washington On the 17th day of June, 2008, the City Council of the City of Edmonds, passed Ordinance No.3689. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF TITLE 3 ECC, REVENUE AND FINANCE, TO ADD A NEW CHAPTER 3.70 ECC, CONFLICT OF INTEREST, REGARDING CONTRACTS WITH FORMER EMPLOYEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 18th day of June, 2008, -'ear. CITY CLERK, SANDRA S. CHASE { €3FP696127.DOC; I/CD006.9000001} Packet Page 323 of 343 Humann, Debi From: Chase, Sandy Sent: Wednesday, September 14, 2011 11:00 AM To: Humann, Debi Subject: RE: Ordinance Search Attachments: Ordinance 3689.pdf Hi Debi, I believe you are looking for Ordinance 3689 (attached) that was adopted in May 2008 that relates to "conflict of interest", former employees, etc. I did a quick word search for anything to do with "ethics" and nothing came up. Also, I do not recall any other ordinance that may apply. If I come across anything, I will be sure to let you know. Sandy From: Humann, Debi Sent: Wednesday, September 14, 2011 9:34 AM To: Chase, Sandy Subject: Ordinance Search Hi Sandy: I know you are too busy for words but I need help when you get a chance. At last night's PS/HR Committee meeting, Wilson and Bernheim reviewed the Ethics Board issue. They requested that I supply the ordinance that apparently was prepared when Don Fiene went from being an employee to working for a private company. No idea what this is about. Don left our employment 4/08 if that helps. If you can think of any other ordinance that might deal with ethics, that would be appreciate also. Thank you. Debi Packet Page 324 of 343 to watch the January 23 joint meeting with the Planning Board, Economic Development Commission and the consultant. With regard to student volunteers, he recalled his son was a student volunteer on the skate park and worked three years to design and build it. He used that experience in college. If the Council pursues a parks levy, he recommended including a project for students in order to engage them in campaigning for the levy. He agreed with Mr. Hertrich's suggestion for the Council to appoint a representative to the School District and also suggested Councilmembers attend the Superintendent's monthly roundtable meetings. Councilmember Bloom explained she wanted the Council to adopt an ethics policy that addresses board/commission, elected officials and staff. There are many policies in Washington could be adapted for Edmonds. The next step is to form an ethics committee; if a citizen has a question about something such as a conflict of interest, they can go to the ethics committee and determine whether something is potentially an ethics violation. She recommended the Council, 1) adopt an ethics policy, and 2) form an ethics committee. She sought Council approval for the Public Safety & Personnel Committee to pursue this. Ms. Hite explained the recently adopted personnel policy has an extensive ethics policy for employees; that is the best place for policies regarding employees. She encouraged the Council to develop an ethics policy for boards/commissions and elected officials but not to include employees. Discussion followed regarding other cities' ethics policies, past unsuccessful efforts to develop a code of ethics policy, developing a policy with enough examples to provide direction, and the difference between a code of conduct and code of ethics. Summary: Refer development of code of ethics to Public Safety and Personnel Committee. 11. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION No action. 10. MISCELLANEOUS Based on yesterday's discussion regarding public comment at committee meetings, Council President Petso distributed language for committee meeting notices and asked Councilmember to submit comments/concerns to Ms. Chase. The retreat was adjourned at 11:37 p.m. Edmonds City Council Retreat Draft Minutes February 1-2, 2013 Page 21 Packet Page 325 of 343 CITY OF LYNNWOOD Chapter 2.94 CODE OF ETHICS Sections: 2.94.010 Policy. 2.94.020 Definitions. 2.94.030 Personal gain or profit — Use of persons, money or property. 2.94.040 Conflict of interest. 2.94.050 Acceptance of gifts. 2.94.060 Campaign activities. 2.94.070 Confidential information. 2.94.080 Board of ethics — Complaints against a councilmember, member of a board or commission, or mayor — Advisory opinions. 2.94.085 Conducting a board hearing on motions and a sufficient complaint. 2.94.090 Complaints against employees and officials other than the mayor, councilmembers, and members of advisory bodies. 2.94.095 Alternative procedure for complaints against employees and officials other than the mayor, council members, and members of advisory bodies. 2.94.100 Liberal construction — Limitation period — Effective date. 2.94.010 Policy. The city of Lynnwood is committed to conducting its business in a fair, open, efficient and accountable manner. Public officials and employees shall conduct their public and private actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and their private interest. Each official and employee is assumed and expected to act in accordance with all laws that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of his or her office or business. Each employee and official should be informed of this code and meet its requirements. Questions regarding its interpretation concerning employees and officials should be brought to that person's supervisor or mayor for interpretations of this code, and subject to any collective bargaining agreement, any action concerning violation of this code concerning officials and employees shall be determined by the mayor; provided questions regarding the interpretation of the code as applied to councilmembers, mayor and allegations of violation of this code by councilmembers, mayor, or members of advisory bodies shall be referred to the board of ethics through the process established herein. (Ord. 2112 § 2, 1996) 2.94.020 Definitions. Throughout this code, the following definitions shall apply: A. "Advisory body" means any board or commission, committee or other entity previously, or hereafter, and named a board or commission in the ordinance or resolutions creating the body, created by the city council to give advice on subjects and perform such other functions as prescribed by the city council. Advisory body does not mean task forces, informal committees, or working groups appointed by the mayor or created by the city council for short periods of time or for specific tasks. B. "Benefit," "gain," "profit," or "interest in a contract" applies only to situations or contracts involving business transactions, employment matters, and other financial interests, and does not apply to situations or contracts which confer no financial benefit. Packet Page 326 of 343 C. City of Lynnwood Officials, Officers or Employees. "City official, officer, or employee" means every individual elected or appointed to an office or position of employment, whether such individual is paid or unpaid. D. "Confidential information" means: 1. Specific information, rather than generalized knowledge, that is not available to the general public on request; or 2. Information made confidential by law including but not limited to as provided in taxpayer information, RCW 82.32.330; information regarding organized crime, RCW 43.43.856; criminal history information, Chapter 10.97 RCW; medical records, Chapter 70.02 RCW; and juvenile records, RCW 13.50.010; or 3. Information which is initially disclosed or discussed in executive session, and which is not available to the general public on request; or 4. "Confidential information" does not include information officially disclosed by the mayor or a majority vote of the city council. E. "Contract" includes any contract, sale, lease, or purchase. F. "Contracting party" includes any person, partnership, association, cooperative, corporation, or other business entity which is a party to a contract with a municipality. G. "Ethics" means standards of conduct that are regulated by this code. H. "Family" means an individual's spouse, and child, step -child, grandchild, parent, step-parent, grandparent, brother, half- brother, sister, or half-sister of the individual and the spouse of any such person and a child, step -child, grandchild, parent, step-parent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse and the spouse of any such person. I. "Gift" means anything of economic value for which no consideration is given. "Gift" does not include: 1. Items from family members or friends where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the city or with the recipient in connection with city matters; 2. Items related to the outside business of the recipient that are customary and not related to the recipient's performance of official duties; 3. Items exchanged among officials and employees or a social event hosted or sponsored by a city officer or city employee for co-workers; 4. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event; 5. Items an official or employee is authorized by law to accept; Packet Page 327 of 343 6. Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event; 7. Items returned by the recipient to the donor within 30 days of receipt or donation to a charitable organization within 30 days of receipt; 8. Campaign contributions or other items reported or regulated under Chapter 42.17 RCW; 9. Discounts available to an individual as a member of an employee group, occupation, or similar broad -based group; and 10. Awards, prizes, scholarships, or other items provided in recognition of professional, academic or scientific achievement. J. "Person" means any individual, partnership, association, corporation, firm, institution, or other entity, whether or not operated for profit. (Ord. 2112 § 2, 1996) 2.94.030 Personal gain or profit — Use of persons, money or property. A. An official or employee shall not knowingly use his or her office or position for personal or family benefit gain or profit, or use his or her position to secure special privileges or exceptions for himself, herself, or for the benefit, gain, or profits of any other persons. B. No official or employee may employ or use any person, money, or property under the officer's or employee's official control or direction, or in his or her official custody, for the personal or family benefit, gain, or profit of the officer or employee, or another. C. This section does not prohibit the use of public resources to benefit others as part of an officer's or employee's public duties. D. Notwithstanding the provisions of LMC 2.94.030, the mayor shall have discretion, and may adopt rules, regarding the nature, scope and extent to which the city of Lynnwood, its officials and employees, may provide in -kind and other assistance, if any, to an activity or event; provided, that such assistance: 1. Does not unreasonably interfere with the proper performance of public duties and function; and 2. Provides a common benefit to the city; and 3. Is of a de minimus cost, or of reasonable value. Any terms, conditions, or mutual arrangements determined to be appropriate by the mayor, regarding the provision of any type of assistance, shall be in writing. (Ord. 2112 § 1, 1996) 2.94.040 Conflict of interest. A. An official or employee shall not be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of such person, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity, or reward in connection with such contract from any other person beneficially interested therein, and shall not knowingly engage in activities which are in conflict, or which Packet Page 328 of 343 have the potential to create a conflict, with performance of official duties. Examples of conflicts, or potential conflicts of interest, include but are not necessarily limited to circumstances where the official or employee, or their families: 1. Influences the selection or nonselection of or the conduct of business between the city and any entity when the official or employee has a financial interest; 2. Solicits for himself or herself or for another a gift or any other thing of value from the city or from any person or entity having dealings with the city; provided, however, that no conflict of interest for the official or employee shall be deemed to exist with respect to solicitation for campaign contributions required to be reported under Chapter 42.17 RCW or for charitable contributions; 3. Accepts any retainer, compensation, gift or other thing of value which is contingent upon a specific action or nonaction by the official or employee; 4. Accepts a gift in any manner other than as provided in subsection (E) of this section; 5. Intentionally uses or discloses information not available to the general public and acquired by reason of his or her official position which financially benefits himself or herself, family, friends or others. B. An official or employee is not interested in a contract if he or she has only a "remote interest" in the contract. "Remote interest" means that of: 1. A nonsalaried officer of a nonprofit corporation; 2. An employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; 3. A landlord or tenant of a contracting patty; and 4. A holder of less than one percent of the shares of a corporation or cooperative which is a contracting party. None of the provisions of this section are applicable to any officer or employee interested in a contract, even if the officer's or employee's interest is only remote, if the officer or employee influences or attempts to influence any other officer or employee of the city to enter into the contract. C. Repealed by Ord. 2493. D. A councilmember may not vote in the authorization, approval or ratification of a contract in which he or she is beneficially interested even though one of the exceptions allowing the awarding of such contract applies. A councilmember shall disclose the fact and extent of a remote interest for the official minutes of the city council prior to taking any action related to the interest and, thereafter. E. Restrictions after Leaving City. 1. For one year after leaving the city, a former official or employee may not hold or acquire a financial interest, direct or indirect, personally or through their family, in any contract or contracts having a total value of more than $5,000 made by, through, or under their supervision, or accept, directly or indirectly, any compensation, gratuity, or reward from any person interested in such a contract or transaction. Packet Page 329 of 343 2. For one year after leaving the city, a former official or employee may not: a. Assist anyone in proceedings involving the city where such official or employee worked on a matter in which they were officially involved in the course of their duties; b. Represent any private person as an advocate on a matter in which they were involved; or c. Compete for a city contract when they were involved in determining the scope of work or the selection process. 3. An official or employee may never disclose or use the city's privileged or proprietary information except to perform official duties. (Ord. 2493 §§ 1, 2, 2004; Ord. 2308 § 1, 2000; Ord. 2112 § 2, 1996) 2.94.050 Acceptance of gifts. A. Except for charitable contributions or campaign contributions required to be reported under Chapter 42.17 RCW, an official or employee may not accept gifts of cash in any amount that has any connection whatsoever with city employment or the performance of duties. B. Except as provided in subsection (E) of this section, an official or employee may not, directly or indirectly, give or receive or agree to receive, or ask for any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring the performance of any official duty, except from the city. C. Except as provided in subsection (E) of this section, any and all gifts received by a city employee will be given immediately to the employee's supervisor with an explanation of the circumstances surrounding receipt of the gift. The supervisor or department head will return the gift to the sender with a written expression of thanks and an explanation of the city policy concerning gifts. A copy of the memo shall be sent to the mayor. D. Except as provided in subsection (E) of this section, any and all gifts received by an official will be returned immediately to the sender, with a written expression of thanks and an explanation of city policy concerning gifts. A copy of the memo shall be sent to the mayor, or placed with the mayor's records. E. 1. An officer or employee may accept an item or cash if it is regulated or reported under Chapter 42.17 RCW. 2. No officer of employee may accept gifts with an aggregate value in excess of $50.00 from a single source in a calendar year or a single gift from multiple sources with a value in excess of $50.00, and only if it could be reasonably expected that the gift, gratuity, or favor would not influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction. For purposes of this section, "single source" means any person, corporation, or entity, whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under LMC 2.94.020. The value of gifts given to an office's or employee's family member shall be attributed to the official or employee for the purposes of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member. 3. The following are presumed not to influence the vote, action, or judgment of the official or employee, or be considered as part of a reward for action or inaction, so as to allow an official or employee to receive or accept them: Packet Page 330 of 343 a. Unsolicited advertising or promotional items of nominal value, such as pens and note pads. Employees should endeavor to use such items in the workplace instead of taking them home; b. Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item; c. Unsolicited items received for the purpose of evaluation or review, if the recipient has no personal beneficial interest in the eventual use or acquisition of the item; d. Informational material, publications, or subscriptions related to the recipient's performance of official duties; e. Food and beverages consumed at hosted receptions where attendance is related to the recipient's official duties; f. Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization; g. Those items excluded from the definition of gift in LMC 2.94.020(I); h. Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity; i. Payments for seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution; Flowers, plants, and floral arrangements. The employee receiving the gift shall: i. Notify the employee's supervisor of the gift; ii. Take the item to a recognized relief agency, or alternatively, make the items available for the enjoyment of all employees in the employee's work area; and iii. Send a thank -you card to the provider explaining what was done with the gift. k. Food and beverages on infrequent occasions in the ordinary course of meals where attendance is related to the performance of official duties. The presumption in this subsection is rebuttable and may be overcome by clear and convincing evidence based on the circumstances surrounding the giving and acceptance of the item. F. This section shall not apply to gifts made to the city. All such gifts shall be given to the mayor for official disposition. (Ord. 2112 § 2, 1996) 2.94.060 Campaign activities. A. Officials and employees may participate in the political process only on their own time, and only outside of the workplace by assisting a campaign for the elections of any person to any office, or for the promotion of or the opposition to any ballot proposition. Packet Page 331 of 343 B. Officials and employees shall not use or authorize the use of the facilities or resources of the city for the purpose of assisting a campaign for the election of any person to any office, or for the promotion or opposition to any ballot proposition, except as may be authorized by law under the provisions of Chapter 42.17.130 RCW. C. This section does not prohibit any activity permitted or regulated under Chapter 42.17 RCW. (Ord. 2112 § 2, 1996) 2.94.070 Confidential information. A. No official or employee may accept employment or engage in any business or professional activity that the official or employee might reasonably expect would require or induce him or her to disclose confidential information acquired by the official or employee by reason of the official's or employee's official position. B. No official or employee may disclose confidential information gained by reason of the officer's or employee's official position or otherwise use the information for his or her personal gain or benefit or the gain or benefit of another, unless the disclosure has been authorized by the mayor (or majority vote of the city council) or by terms of a contract involving: 1. The city; and 2. The person or persons who have authority to waive confidentiality of the information. C. An official or employee shall not use information acquired in confidence from a city customer, supplier, lessee or contractor for other than city purposes. D. This section does not prevent an official or employee from giving testimony under oath or from making statements required to be made under penalty of perjury or contempt. E. The mayor shall determine, acting in the best interest of the city, whether information is confidential; provided a majority of the city council may vote to release any information which is not by law required to be kept confidential. The types of information listed in RCW 42.17.310 are presumed confidential, unless the mayor (or city council by majority vote) determines it is not. In any matter involving an advisory body, the presiding officer shall determine, acting in the best interests of the city, whether information is confidential, subject to approval by the mayor or city council by majority vote. In any matter involving city employees, the higher ranking person shall determine, acting in the best interests of the city, whether information is confidential, subject to approval by the mayor. For example, a department head, meeting with employee B to discuss employee C's job performance, may determine that information discussed is confidential. (Ord. 2112 § 2, 1996) 2.94.080 Board of ethics — Complaints against a councilmember, member of a board or commission, or mayor — Advisory opinions. A. Board Established — Authority, Purpose and Duties — Membership — Officers — Policies and Procedures — Board Counsel — Staff. Board Established. There is established a board of ethics for the city of Lynnwood. 2. Authority, Purpose and Duties. The purpose of this board of ethics is: a. To issue advisory written opinions on the provisions of this code; Packet Page 332 of 343 b. To hear complaints and determine if violations of this ethics code, or state ethics law applicable to cities, have occurred by the mayor, a councilmember, a member of a board or commission, and to enter appropriate administrative orders and make recommendations to the city council; c. To hear and consider complaints referred to it by the mayor as provided for in LMC 2.94.095; d. To adopt policies, procedures and rules, as it may deem necessary and appropriate to accomplish its purpose and duties; e. To appoint a qualified individual or firm as "board counsel" who shall both provide the board with independent legal counsel apart from the city attorney, and be responsible to conduct investigations on complaints and conduct the functions and perform the duties set forth in subsection (A)(3) of this section; f. To manage the expenditure of appropriations for operation of the board, board counsel, and other staff; and g. To annually review: its budget; all service contracts to ensure ready availability of board counsel, third party investigators, and other staff, and to meet with contractors; activities for the proper training of such staff about this ethics code and the board's policies, rules and procedures for the administration thereof. 3. Board Counsel — Authority and Duties. Board counsel shall have the following authority and duties: a. To provide the ethics board with independent legal research, advice, assistance, and counsel on its organization and general operations, except in regard to any complaint once it has been filed and specifically in regard to such complaint during the time it is being considered by board counsel or the board under this section and LMC 2.94.085. b. To agree to settle complaints in accordance with the policies of the board and the purpose and intent of this ethics code, to enter appropriate administrative orders of settlement and administrative orders determining the sufficiency or insufficiency of a complaint, as set forth in subsection (B) of this section. c. To perform the functions of board counsel as set forth in this section and LMC 2.94.085. 4. Membership — Nomination, Confirmation and Alternates — Terms — Qualification — Removal. The board of ethics shall be composed of three members, none of whom shall be a city councilmember or city employee. a. The board members shall be nominated by the mayor and confirmed by the city council, for a term of three years or for fulfillment of an unexpired term. The original appointees' terms concluded as follows: Position No. 1: January 1, 1998 Position No. 2: January 1, 1999 Position No. 3: January 1, 2000 Any person may be removed from the board by the mayor, with the approval of the council. b. In addition to the members of the board, the mayor shall nominate, and the city council in its discretion shall confirm, first and second alternate board members. The alternates may attend all meetings of the Packet Page 333 of 343 board, and may participate as set forth in board rules, but shall have no voting rights unless they serve in the place of an appointed board member. In the event a board member must recuse himself or herself, or is not present, or is otherwise unavailable to conduct any board business, the first alternate member shall serve in his or her place. If a second alternate is needed, the second alternate shall then serve. c. Members and alternate members may be nonresidents of the city of Lynnwood. d. In filling any vacancy or making a nomination for membership on the board of ethics, the mayor shall strive to select persons with diverse perspectives and areas of expertise appropriate to the review of ethical matters, and who are of good general reputation and character. For proposed nominees who are nonresidents, the mayor shall state reasons that contributed to the decision to nominate a nonresident, including, but not limited to, particular expertise of the person to review ethics matters, and/or a desire to have a person or persons serve on the board who as nonresidents are less likely to have some personal, social, or business relationship with whomever may be the subject of an ethics complaint, and who would be less likely to be disqualified; and for other reasons deemed appropriate by the mayor. 5. Officers — Succession — Quorum — Procedures. The board shall elect from its membership a presiding officer who shall be the chief administrative officer of the board who shall be referred to as the board chair and a first vice -chair and a second vice -chair, who shall each serve for one year. If the board chair is unavailable, not present, or is recused from participation, the first vice -chair shall preside and have all authority and powers of the board chair during and, if necessary, between meetings of the board. If the board chair and the first vice -chair are both unavailable, not present, or are recused from participation, the second vice -chair shall preside and have all authority and powers of the board chair during and, if necessary, between meetings of the board. The board may elect any member to serve in additional offices or roles as the board deems necessary. The board shall provide a manner for minutes and records of all meetings to be kept. The board shall adopt policies, rules, and procedures; provided, a majority of the board shall constitute a quorum for the transaction of business, and a majority of the board shall be necessary to carry any proposition. 6. Meetings — Notice. A meeting of the board shall be held as the board deems necessary and advisable on 72 hours' notice to all members, or as provided in board rules, or otherwise as agreed by a majority of the board. 7. Board Counsel, Investigative and Clerical Staff. The board of ethics shall receive the following staff support: a. Normal Board Operations and Budgeting. The mayor shall provide staff, as he or she deems appropriate, to assist the board of ethics. The board shall make a timely request for necessary biennial budget appropriation(s) for "on -call" contract services for independent legal counsel, and for other staff and other operational costs to the mayor, who shall include that request in the preliminary budget, when, if otherwise necessary, the board may request appropriations directly from the city council. b. Board Operations Involving a Complaint. If at any time a complaint creates a need for additional or special funding, the board shall make a supplemental request to the mayor or administrative services director who shall forward it to the city council for review and appropriate action. B. Specific Complaint Against the Mayor, a Councilmember, or a Member of a Board or Commission — Complaint Requirements — Preliminary and Final Determinations of Sufficiency. Packet Page 334 of 343 1. Complaint Requirements — Service. Any person may submit a written complaint to the finance director alleging one or more violations of this code by the mayor, a councilmember, or a member of a board or commission. The complaint must: a. Set forth specific facts with enough precision and detail for board counsel to make a determination of sufficiency; and b. Set forth the specific section(s) and subsection(s) of this code that the complaining party believes has been violated; and c. An explanation by the complaining party of the reasons why the alleged facts violate this code; and d. Be signed under penalty of perjury by the person(s) submitting it in a manner consistent with Chapter 9A.72 RCW; and e. State each complaining person's correct name, address at which mail may be personally delivered to the submitter, and the telephone number at which each complaining person may be contacted. The finance director shall promptly serve or mail, by return receipt requested, a copy of the complaint to the individual(s) complained against and to board counsel. The finance director shall not send a copy of the complaint to board members, but shall send a notice to all board members and alternates setting forth only the name, address and any other necessary information identifying all complaining parties and the individual(s) complained against. The finance director shall notify all complaining parties, board members and alternates, and board counsel, of the date of completion of service or mailing of a copy of the complaint. 2. Board Counsel Consideration of Complaint — Preliminary Determination of Sufficiency — Investigation. Upon receipt of the complaint, board counsel shall: a. Initially review the complaint to determine if it reasonably complies with the requirements of a complaint in subsection (B)(1) of this section, and shall: i. Meet at least once together with all parties to hear from them on all aspects of the complaint and issues involved; ii. Allow all parties to submit at meetings, or otherwise, any information they have concerning the complaint and issues involved; iii. Request, as needed, clarification, explanation or submission of information necessary to properly consider the complaint; iv. Promptly distribute to all parties any correspondence between board counsel and any party; and v. Meet or discuss with any party, at such time or times as board counsel determines appropriate, a settlement of one or more of the complaint allegations and issues involved. b. When in the discretion of board counsel it is necessary or appropriate, refer the complaint and any information gathered to the investigative third party(ies) approved by the board; provided, board counsel shall direct and control that investigation. Packet Page 335 of 343 c. At the conclusion of the third party investigation, distribute to all parties all information gathered by any third party investigator, and any report, findings, or conclusions therefrom. d. After distribution of information from the third party investigation, convene at least one meeting with all parties in attendance to discuss a settlement and resolution of the complaint and the issues involved, and board counsel may submit proposals for settlement of one or more issues involved and set deadlines for response by any or all parties, and further, if a settlement of one or more issues is agreed to, board counsel shall enter an appropriate administrative order of settlement. e. If a settlement of one or more issues cannot be achieved, then enter an administrative order that: i. Dismisses any complaint allegation which remains insufficiently stated; ii. Dismisses any complaint allegation which is not supported by substantial facts; iii. Identifies and sets forth the terms of any agreed settlement between the parties and board counsel; iv. Identifies any complaint allegations withdrawn; v. Determines the sufficiency of all other complaint allegations which are supported by substantial facts; and vi. Sets forth any additional allegations, if any, from evidence which board counsel has discovered during the investigation, and such allegations shall comply with subsection (B)(1) of this section. This administrative order shall be served or mailed to all parties within seven days of the date it was signed by board counsel. f. Board counsel may, with the concurrence of the board, refer any complaint allegation, or any matter discovered by board counsel during the course of an investigation, to a city or county prosecutor. The board shall adopt policies and procedures to receive a recommendation for such a referral, and when appropriate to concur in such a recommendation. All proceedings involving a recommendation for a referral to a city or county prosecutor shall not be open to the public, nor shall any party, any party's representative, or any party's attorney be allowed to participate. 3. Complaint — Final Determination of Sufficiency — Standard. Board counsel shall make the final determination of the sufficiency of a complaint. A complaint shall be sufficient if it precisely alleges and reasonably describes acts which if true would constitute a prima facie showing of a violation of a specific provision(s) of this code. The purpose of requiring that the board counsel make a determination of sufficiency of the complaint is to ensure that the complaint is supported by identifiable facts, and to ensure that the complaint is not based on frivolous, speculative, or vague allegations. 4. Final Determination of Sufficiency — Administrative Order — Appeal. Ten days after the last settlement meeting, board counsel shall make and enter a determination of sufficiency in the form of a written administrative order which shall be served or mailed to each party. The administrative order shall include findings of fact and conclusions upon which board counsel made the determination of sufficiency or insufficiency. The determination of sufficiency issued by board counsel shall become final and binding 10 days after service or mailing is completed, unless it is appealed to the board. If it is not appealed, the board shall conduct a hearing as set forth Packet Page 336 of 343 in LMC 2.94.085. If, upon appeal, the board determines that the complaint, or a portion thereof, is sufficient or insufficient, it shall enter an appropriate administrative order, and no administrative or other legal review or appeal is available. If the board on appeal finds that the complaint, or a portion thereof, is sufficient, a hearing will be conducted as set forth in LMC 2.94.085. 5. Rights of Parties. Except as provided in subsection (13)(2)(f) of this section, each party to the complaint and the person(s) against whom the complaint was filed, and any other parties as the board may determine should be involved, shall all have the right: a. To attend and participate in person or through a designated representative of a party, and an attorney, during any board counsel meetings, or board hearings; b. In any board hearing on a motion or appeal, to present written and oral argument, supported by affidavits or declarations as may be appropriate, on any legal or factual issues involved in the motion or appeal before the board; and c. In any board hearing on a sufficient complaint, to call witnesses, cross-examine witnesses, and to present written and oral argument on any legal or factual issues involved in the complaint before the board. 6. Violation of the Ethics Code — Remedies. In the event the board's administrative order determines that the individual against whom the complaint was made has violated the code, then the city council may take any of the following actions by a majority vote of the council: a. Admonition. An admonition shall be a verbal nonpublic statement approved by the city council and made by the council president, or his/her designee, to the individual. b. Reprimand. A reprimand shall be administered to the individual by a resolution of reprimand by the city council. The resolution shall be prepared by the city council and shall be signed by the mayor or council president. If the individual objects to the content of such resolution, he or she may file a request stating the reasons for objections with the council president and asking for a review of the content of the resolution of reprimand by the city council. The city council shall review the resolution of reprimand in light of the board's administrative order and the request for review, and may take whatever action appears appropriate under the circumstances. c. Censure. A resolution of censure shall be a resolution read personally to the individual in public. The resolution shall be prepared by the city council and shall be signed by the mayor or council president. The individual shall appear at a city council meeting at a time and place directed by the city council to receive the resolution of censure. Notice shall be given at least 20 calendar days before the scheduled appearance at which time a copy of the proposed resolution of censure shall be provided to the individual. Within seven days of receipt of the notice, if the individual objects to the contents of such resolution, he or she may file a request stating the reasons for objections with the council president and asking for a review of the content of the proposed resolution of censure by the city council. Such a request will stay the administration of the censure. The city council shall review the proposed censure in light of the board's administrative order and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the city council shall be final and not subject to further review or appeal. If no such request is received, the resolution of censure shall be administered at the time and place set. It shall be read publicly, and the individual shall not make any statement in support of, or in opposition thereto, or in mitigation Packet Page 337 of 343 thereof. A censure shall be administered at the time it is scheduled whether or not the individual appears as required. d. Removal — Member of Board, Commission or Committee. In the event the individual against whom the complaint was made is currently a member of a city board, commission, committee, or other multimember bodies nominated by the mayor and confirmed by the city council, the city council may, in addition to the remedies set forth in subsections (13)(6)(a), (b), or (c) of this section, and notwithstanding any other provision of the Lynnwood Municipal Code, by a majority vote remove the individual from such board, commission or committee effective immediately. The action of the city council in the selection and carrying out of remedies shall be final and not subject to further review or appeal. 7. Proceedings Open/Closed. Proceedings by the board, when they relate to action involving a person, shall be made in executive session; however, consistent with RCW 42.30.110(1)(f), upon request of the individual against whom the complaint was made, one or more hearings before the board on a motion or the hearing on a sufficient complaint shall be open to the public. The deliberations of the board shall not be open to the public; however, any final action by the board on any administrative order shall be taken at a meeting open to the public and only after proper public notice is given. 8. Public Records. The complaint, board counsel's administrative order of settlement, an administrative order determining sufficiency or nonsufficiency of a complaint, and any other administrative order of the board shall be considered public records. An administrative order by board council determining that a complaint is sufficient shall contain at the beginning the following specific language: NOTICE: ANY PORTION OF THIS ADMINISTRATIVE ORDER DETERMINING SUFFICIENCY OF ANY PORTION OF A COMPLAINT DOES NOT DETERMINE THE TRUTH OR FALSITY OF THE ALLEGATIONS CONTAINED IN THE COMPLAINT FILED WITH THE BOARD. BOARD COUNCIL HAS ONLY DETERMINED THAT IF CERTAIN FACTS CONTAINED IN THE COMPLAINT ARE FOUND TO BE TRUE DURING A LATER BOARD HEARING THEN A VIOLATION(S) OF THE ETHICS CODE MAY BE FOUND TO HAVE OCCURRED. The city shall release copies of any written reports resulting from an investigation of a complaint and any written censures or reprimands issued by the city council, in response to public records requests consistent with Chapter 42.17 RCW and any other applicable public disclosure laws. 9. Council Action — Executive Session — Councilmember or Mayor Disqualification from Voting. Final action to decide upon remedies by the city council shall be by majority vote in a public meeting. If the proceeding involves a member of the city council, that member shall not vote on any matter involving the member. As provided in RCW 35A.12.100, the mayor may vote in the case of a tie, except if the action is against the mayor. Deliberations by the council may be in executive session; however, upon request of the individual against whom the complaint was made, a public hearing or public meeting before the council will be held on the issue of remedies. C. Advisory Opinions. 1. Upon request of any employee, the mayor or a member of the city council, or any official, the board of ethics may also render written advisory opinions concerning the applicability of the code to hypothetical circumstances and/or situations solely related to the persons making the request. Packet Page 338 of 343 2. Upon request of the mayor, or two members of the city council, the board of ethics may also render written advisory opinions concerning the applicability of the code to hypothetical circumstances and/or situations related to a matter of city-wide interest or policy. (Ord. 2493 § 3, 2004; Ord. 2133 § 1, 1997; Ord. 2112 § 2, 1996) 2.94.085 Conducting a board hearing on motions and a sufficient complaint. A. Evidentiary Standard for Violation — Burden of Proof — Motions — Procedural Administrative Orders — No Appeal. The board shall find a violation of this ethics code, or of state ethical laws which apply to cities, only upon a preponderance of the evidence presented and admitted during a hearing on a sufficient complaint. The burden of proof shall be upon board counsel to prove a violation by a preponderance of the evidence. The board is authorized to conduct hearings on any motion from the parties or board counsel, including motions for summary judgment. The standard of proof for summary judgment shall be that used by the trials courts of this state under Civil Rule 45. The board is authorized to determine and establish by administrative order all necessary and appropriate procedural matters including, but not limited to, scheduling, hearing procedures and other administrative matters regarding a hearing. Any board administrative order shall not be subject to review or appeal. B. Hearing — Time Periods — Tolling of Periods. The board shall conduct a hearing on a sufficient complaint or portion thereof which has not been otherwise disposed of as provided for in this chapter.The board shall begin a hearing no later than 15 working days after the final determination of sufficiency of the complaint unless a longer time period is requested by a party or board counsel, and approved by the board. The board shall render a final administrative order concluding the hearing no later than 90 calendar days after it begins the hearing unless a longer time period has been requested by the board and approved by the city council. However, the running of these two time periods shall be tolled and all proceedings of the board, or as may be applicable to the board counsel's activities in LMC 2.94.080(B), on the complaint, shall be stayed: 1. During any period from when the board files with the council president an application to the city council for subpoena power to the time a council decision on the application is made; 2. During any period from when the board becomes aware that any person refuses to obey such subpoena and until such time as a superior court issues an order on the subpoena and such person complies with that court order; 3. During any period from the date an appeal is made to the board regarding board counsel's administrative order of sufficiency until the board enters a final administrative order deciding the appeal; 4. During any period from the date a summary judgement motion is filed with the board until the board enters a final administrative order deciding the motion; or 5. During any period from the date a referral is made to a city or county prosecuting authority until a determination is made by each prosecuting authority that it will not proceed with a criminal prosecution concerning the matter(s) referred by the board or board counsel, or until a criminal proceeding is terminated or completed. C. Board Administrative Order — Finality — Reconsideration — Recommendations. The board shall render an administrative order and decision setting forth its findings of fact and conclusions of law as to whether or not the individual against whom the complaint was made has violated the code. Its administrative order and decision shall become final 10 working days after its entry, unless a motion for reconsideration is filed. The administrative order may include recommendations for the improvement of the city's ethics code as the board may in its discretion determine. Packet Page 339 of 343 D. Subpoenas — Requests — Authority to Issue — Service. The city council may issue subpoenas on behalf of any party in response to board counsel's or the board's application (which each shall include any party's requests and justification for subpoenas) for the attendance and testimony of witnesses, and the production of documentary evidence, at board counsel meetings of all parties, witness interviews, depositions, or hearings relating to any matter under investigation by board counsel or the board, or in connection with any hearing conducted by the board. Board counsel or the board shall request subpoena power by making a written application to the city council describing in detail the subject matter of the proposed subpoena and an explanation of why such information is reasonably necessary in order to conduct board counsel's or the board's investigation or hearing. The subpoena may be issued in the event the city council determines the subpoena request is reasonable. Board counsel shall be responsible to serve or mail all subpoenas authorized by the city council. In the event any person disobeys a subpoena, board counsel or the board may make a written application (which each shall include any party's requests and justification for enforcement) to the city council to direct the city attorney to invoke the aid of any superior court of the state. Such court may issue an order requiring such person to appear before board counsel or the board, to produce documentary evidence, and/or to provide testimony, and any failure to obey such order may be punished by that court as contempt. E. Right to Fully Participate. No administrative order may be issued by the board unless a person against whom a complaint was made has had a full opportunity to prepare for, and fully participate in, and present information, including affidavits in support or opposition to a motion before the board, and to cross-examine witnesses at the final hearing before the board on the merits of board counsel's final administrative order on sufficiency. F. Service of Administrative Order. A copy of the board's administrative order shall be served or mailed to the city council, the individual against whom the complaint was made, and the complaining party within seven calendar days of the board's presiding officer signing the order, unless a longer time period has been requested by the individual against whom the complaint was made, and has been approved by the board, or unless a longer time period has been requested by the board and has been approved by the city council. (Ord. 2493 § 4, 2004) 2.94.090 Complaints against employees and officials other than the mayor, councilmembers, and members of advisory bodies. Any and all complaints regarding city employees and officials, except for the mayor councilmembers, and members of advisory bodies shall be brought to the employee's supervisor, or mayor. The supervisor, or appropriate individual as determined by the mayor, shall investigate the complaint and recommend to the mayor appropriate action. Any action shall be determined by the mayor, and a report thereof shall be made to the city council in executive session. (Ord. 2112 § 2, 1996) 2.94.095 Alternative procedure for complaints against employees and officials other than the mayor, council members, and members of advisory bodies. A. If it appears after an administrative investigation that a person who reports directly to, or is supervised by, the mayor or that both a person who reports directly to, or is supervised by, the mayor and another employee may have both violated this chapter, then in either situation the mayor shall have an additional alternative procedure. In the discretion of the mayor, if the circumstances require it, or it is in the best interests of the city to strive to avoid even an appearance of impropriety in the conduct of the enforcement of this code, the mayor may refer any complaint within the scope of LMC 2.94.090 to the board of ethics and request it to either: 1. Begin its own investigation and issue written reports to the mayor on any alleged violations of this code which shall include recommendations for action by the mayor; or Packet Page 340 of 343 2. Review only the initial investigation materials provided with the referral, then issue written reports to the mayor on any alleged violations of this code which shall include recommendations for action by the mayor; or 3. Review the initial investigation materials provided with the referral and determine if additional investigation is needed, then issue written reports to the mayor on any alleged violations of this code which shall include recommendations for action by the mayor. B. The mayor's referral shall comply with the requirements for a "specific complaint" as outlined in LMC 2.94.080, except that: 1. The mayor's referral may also include any initial investigation materials or information prepared by third parties other than the mayor; and 2. Since the mayor has sworn to an oath of office and has a legal duty to enforce the law, the referral shall not be required to by signed under penalty of perjury. C. When considering a mayor's referral(s), board counsel and the board shall have: 1. All the authority and responsibilities that it would otherwise have under LMC 2.94.080 and 2.94.085, respectively, while investigating a complaint, holding hearings, and issuing an administrative order for disposition by the city council, including making an application(s) for subpoena powers and the issuing and enforcement of subpoenas under LMC 2.94.085(D); and 2. Authority to recommend to the mayor any action that would otherwise be available to the city council under LMC 2.94.080(B)(6). D. Any final action shall be determined by the mayor, and both the board's written report and a written report of final action taken by the mayor shall be provided to, and reviewed by, the city council in executive session. (Ord. 2493 § 5, 2004) 2.94.100 Liberal construction — Limitation period — Effective date. A. This code shall be liberally construed to effectuate its purpose and policy and to supplement existing laws that relate to the same subject. B. Any action taken under this code must be commenced within three years from the date of violation. C. This code shall take effect March 1, 1997. (Ord. 2112 § 2, 1996) Packet Page 341 of 343 AM-5517 City Council Meeting and Committee Meetings Meeting Date: 03/12/2013 Time: 15 Minutes Submitted For: Council President Petso Department: City Council Committee: Public Safety, Personnel Submitted By: Jana Spellman Tyne: Information Subject Title Discussion regarding taking minutes during Council Committee meetings. Recommendation Previous Council Action Information Narrative Council President Petso has placed this item on the agenda posing the following questions for discussion: 13. F. 1. Should these committees hire a professional minute taker to be present at meetings to take minutes? 2. Should meetings be recorded and then have a professional minute taker transcribe the minutes? 3. Should staff prepare simple "action" minutes? 4. Committee consider whether there should be a process for Councilmembers to review the minutes before they are presented to the public in the next Council packet. The cost for hiring a professional minute taker ranges from $30 to $32 an hour. The following is an e-mail that is the result of an inquiry of the Municipal Research & Services Center regarding taking of minutes during meetings: "You inquired about requirements related to meeting minutes. State law requires that a written record, in the form of (at least) written council meeting minutes, be "promptly recorded" and be "open to public inspection" by the city. State law does not require the city to tape or audio (or video) record meetings, nor does it mandate a specific method or format for meeting minutes. Specifically regarding meeting minutes, RCW 42.32.030 provides: The minutes of all regular and special meetings except executive sessions of such boards, commissions, agencies or authorities shall be promptly recorded and such records shall be open to public inspection. Specifically related to mayor -council code cities, RCW 35A.12.110 provides in relevant part: A journal of all proceedings shall be kept, which shall be a public record. The city council has the discretion to determine the level of detail for the council's meeting minutes and, as a result, there is variation from jurisdiction to jurisdiction on this issue. RCW 35A.12.120, which (like RCW 35A.12.110 above) is applicable to both mayor -council and council-manager code cities (see RCW 35A.13.170), provides specific authority for the city council to adopt rules for the conduct of its business, which can include requirements related to the official minutes of the meetings. I recommend use of "action minutes" in which the primary purpose of the minutes is to capture the essential information (i.e., date, time, location, attendees from the governing body and staff) and to summarize the action that was taken and the decisions that were made at the meeting. This would include action taken related to any motions, resolutions, or ordinances that were discussed. I think it's generally counterproductive to try to describe in detail what was said at meetings, by the councilmembers themselves and especially the public, because, inevitably, such descriptions will include inaccuracies and Packet Page 342 of 343 dealing with such inaccuracies may unnecessarily consume valuable council time. Additionally, minutes that are too detailed demand staff time in preparing such minutes and that time could likely be better spent preparing less detailed minutes and other essential tasks. There is some guidance on this issue in Robert's Rules of Order, Newly Revised, Section 48 (2000), which states that the minutes "should contain mainly a record of what was done at the meeting, not what was said by the members." Many cities follow Robert's Rules of Order and look to that source for guidance. We have found, in reviewing sample minutes from cities, that generally cities follow the approach of focusing on recording official actions taken at meetings. Typically, comments by members of the public are briefly summarized regarding the topic addressed and whether the person spoke for or against the issue. A helpful discussion of "action minutes" is discussed in an October 2009 article in our Council/Commission Advisor column entitled, Less Is More: Action Minutes Serve the City Best, by Ann G. Macfarlane, Professional Registered Parliamentarian. In part, that article explains: Robert's Rules of Order offers a simple guideline: minutes should record what is done, not what is said. The minutes should include decisions made, postponements, referrals to committee. They may also include a note that discussion was held, if the group wants to have it clear that they did their due diligence on a given issue. By keeping the minutes to this core of essential facts, energy and effort can be devoted to the larger issues that face all our civic bodies today. Another key point to consider is that there are specific types of meetings for which a verbatim transcript is required. For example, RCW 36.70C.I 10 requires a verbatim transcript for quasi-judicial hearings. As a practical matter, preparing a verbatim transcript usually requires an audio or possibly a video recording. Regarding more generally city council policies and practices related to what type of record to prepare and maintain for council meetings, I recommend that you also consult with the city attorney. The city attorney may think it advisable to have a certain level of detail in the minutes, given that meeting minutes can be useful historical information, as well as key sources of information in situations in which legal action is brought challenging city action and/or decisionmaking." Best Regards, Joe Levan Legal Consultant Municipal Research & Services Center 2601 4th Ave., Ste. 800 Seattle, WA 98121 Phone: (206) 625-1300 or (800) 933-6772 Email: jlevan@mrsc.org Web: www.mrsc.org Facebook: www.facebook.com/munigov Inbox City Clerk Mayor Finalize for Agenda Form Started By: Jana Spellman Final Approval Date: 03/07/2013 Form Review Reviewed By Date Sandy Chase 03/06/2013 01:45 PM Dave Earling 03/07/2013 12:46 PM Sandy Chase 03/07/2013 01:14 PM Started On: 02/20/2013 11:05 AM Packet Page 343 of 343