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2013-03-19 City Council - Public Agenda-1486'4- Z 90� AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds MARCH 19, 2013 7:00 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. AM-5595 Approval of City Council Meeting Minutes of March 12, 2013. B. AM-5585 Approval of claim checks #200977 through #201107 dated March 14, 2013 for $387,760.34. C. AM-5578 Acknowledge receipt of a Claim for Damages from Kathleen Fisher ($596.69). D. AM-5602 Ordinance consenting to the assignment of the Non -Exclusive Franchise granted to Metromedia pursuant to Ordinance No. 3295, to ZAYO Group. E. AM-5596 Authorization for Mayor to sign contract with Snohomish County for Tourism Promotion grant. F. AM-5594 Authorization to advertise Call for Artists RFQ for Five Corners Roundabout Project. G. AM-5588 Report on final construction costs for the 2011 Waterline Replacement Project and acceptance of project. H. AM-5589 Report on final construction costs for the 2012 Waterline Replacement Project and acceptance of project. I. AM-5590 Authorization to advertise a Request for Bid for construction services for the 2013 Waterline Replacement Project. Packet Page 1 of 267 J. AM-5598 Authorization to advertise a Request for Bids for construction services for the WWTP Standby Power Distribution and Switchgear Improvement Project. K. AM-5587 Purchasing Policy Revision for Public Works Projects. L. AM-5586 Traffic Impact Fee Annual Report M. AM-5582 Amendment to Domestic Violence Coordinator ILA with the City of Mill Creek. N. AM-5580 January 2013 Monthly Financial Report 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) Public Hearing: Proposed Ordinance authorizing the acquisition by negotiation or AM-5592 condemnation of real property interests needed for the Five Corners Roundabout Project. 6. (10 Minutes) Parks staffing and budget amendment request AM-5583 7. (2 Hours) Continued discussion on the Port of Edmonds request to incorporate the Harbor Square AM-5603 Master Plan into the City's Comprehensive Plan. 8. (15 Minutes) Report on City Council Committee Meetings of March 12, 2013. AM-5597 9. (5 Minutes) Mayor's Comments 10. (15 Minutes) Council Comments 11. (15 Minutes) Convene in executive session regarding pending litigation per RCW 42.3 0.11 0(l)(i). 12. (5 Minutes) Reconvene in open session. Potential action as a result of meeting in executive session. ADJOURN Packet Page 2 of 267 AM-5595 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted By: Sandy Chase Department: City Clerk's Office Review Committee: Type: Action Committee Action: Information Subject Title Approval of City Council Meeting Minutes of March 12, 2013. Recommendation Review and approval. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. 03-12-13 Draft City Council Minutes Inbox Mayor Finalize for Agenda Form Started By: Sandy Chase Final Approval Date: 03/14/2013 Attachments Form Review Reviewed By Date Dave Earling 03/14/2013 10:11 AM Sandy Chase 03/14/2013 01:19 PM Started On: 03/14/2013 09:22 AM 3. A. Packet Page 3 of 267 EDMONDS CITY COUNCIL DRAFT MINUTES March 12, 2013 The Edmonds City Council meeting was called to order at 6:00 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 Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Diane Buckshnis, Councilmember Adrienne Fraley-Monillas, Councilmember* (*Arrived 6:03 p.m.) ALSO PRESENT Walker Kasinadhuni, Student Representative 1. ROLL CALL STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Ronald Cone, Interim Finance Director Carrie Hite, Parks & Recreation Director Jeff Taraday, City Attorney Sandy Chase, City Clerk Linda Hynd, Deputy 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 Fraley-Monillas. (Councilmember Fraley-Monillas arrived at 6:03 p.m.) 2. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED (6-0). (Councilmember Fraley-Monillas was not present for the vote.). 3. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED (6-0). (Councilmember Fraley-Monillas was not present for the vote.). The agenda items approved are as follows: 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 NO. 3914 — AMENDING EDMONDS CITY CODE 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT. Edmonds City Council Draft Minutes March 12, 2013 Page 1 Packet Page 4 of 267 4. AUDIENCE COMMENTS Al Rutledge, Edmonds, commented there are new people moving into the City and other changes are occurring. He encouraged residents to participate in the Easter egg hunts held by the Edmonds Lutheran Church, Edmonds Methodist Church and the City. 5. APPOINTMENT OF INTERIM EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT MEMBERS ADVISORY BOARD. Community Services/Economic Development Director Stephen Clifton explained ECC 3.75.120 calls for the Mayor to appoint, subject to Council confirmation, at least 7 and no more than 11 board members, to serve in an interim capacity until the City Council approves a budget, work program and bylaws. Following this action, business owners located within the Business Improvement District (BID) will choose their own Members Advisory Board. A letter mailed in February to business owners within the BID invited them to contact the Mayor's office if they were interested in serving on the Interim Advisory Board. Twenty-one people contacted the City expressing interest in participating on the board. The packet contains the names of the 11 business owners the Mayor appointed to the Interim Advisory Board. The list of all 21 names was not included in the packet but was provided to the Council this evening. Mr. Clifton relayed an email from Council President Petso that she had heard a 50150 split of "open door" versus "by appointment" business owners on the board was an error. ECC 3.75.120 states the interim board shall be composed of open door and by appointment respectively, in rough proportion to the dollar value of the assessments to be levied on each classification of business. Currently, it is estimated the businesses paying assessments will generate $89,820 annually; by appointment businesses will generate approximately $44,430 or 49.3% of the total and open door will raise approximately $45,480 or 50.63%. The list of 11 interim members includes 6 open door business owners and 5 by appointment. He relayed Councilmember Johnson's concern with having business owners who expressed opposition to the formation of the BID, Waterfront Coffee Company and Kevin Clarke, appointed to the interim board. Mr. Clifton relayed a comment from Council President Petso regarding applications for appointment to the interim board. He explained the letter sent to business owners did not request the parties complete an application due to, 1) the interim nature of the board; the members will only serve a few months and the work program, budget and bylaws they produce will be approved by the City Council, and 2) unlike other boards such as the ADB or Planning Board where specific experience is required to serve, the only criteria for serving on the interim or permanent Members Advisory Board is that their business is located within the BID boundaries. Staff can request applicants submit applications in the future and provide them to the Council when confirmation of appointments is required. Council President Petso observed the structure of the interim board will be weighted slightly in favor of open door businesses; given the numbers are about 50150, she asked whether the bylaws could have the extra person from a by appointment business. Mr. Clifton responded the code states in rough proportion to the dollar value. In this case, it is nearly a 50150 split. The Mayor makes the appointments, subject to Council confirmation. Although she understood the calculation was based on dollars contributed, Councilmember Bloom did not feel that was a fair calculation. Mr. Clifton advised that method was not required by the RCW, it was contained in the ordinance adopted by the City Council. Councilmember Bloom's concern with basing the calculation on the contribution was because although the open door businesses were being charged more, they would receive much greater value from the BID. She requested the interim board consider that issue. Edmonds City Council Draft Minutes March 12, 2013 Page 2 Packet Page 5 of 267 She noted the appointment of 6 open door business owners and 5 by appointment business owners was already weighted in favor of open door businesses even though there were considerably more by appointment businesses in the BID. She asked the number of open door versus by appointment businesses. Mr. Clifton answered he did not have that information available. Councilmember Bloom preferred to have 6 by appointment business owners and 5 open door business owners appointed to the interim board as it would be a better balance. She asked whether that could be discussed. Mayor Earling responded it could be discussed; he was asked to make appointments to the interim board. The percentage of open door versus by appointment business is very close and he did not envision amending the ordinance for a 90 day work period. He noted the list of appointments were outstanding candidates; it was challenging to choose only 11 from the 21 applicants. He summarized those were his appointments and he requested the Council confirm them. Councilmember Yamamoto questioned why this point was being discussed. Regardless of whether a business was open door or by appointment, the purpose of the BID was to improve the downtown area which all these business owners represent. If each of the 11 were asked, he was certain they would agree the goal was to better downtown Edmonds, not to better their own businesses. Councilmember Fraley-Monillas thanked Mayor Earling for including members on the advisory board who opposed the formation of the BID, finding it sets a good example and will provide clarification. Mr. Clifton commented 6 of the 11 members were business owners who did not participate in the 3-year process of forming the BID. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO CONFIRM THE APPOINTMENT OF THE 11 MEMBERS TO THE INTERIM EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT MEMBERS ADVISORY BOARD AS SUGGESTED BY THE MAYOR. In response to Councilmember Yamamoto's comment, Councilmember Bloom explained this is an unusual board; it will be making decisions about how to spend the business owners' money in the BID. The business owners are being assessed a fee and although it is intended to benefit the downtown business district, it is also supposed to benefit the business owners. She recalled there was quite a bit of opposition to the formation of the BID, particularly from by appointment business owners as well as a number of open door businesses. She summarized the delineation of members could have been more fair with 6 open door business owners and 5 by appointment business owners. She did not support the motion for that reason. Councilmember Buckshnis pointed out this is an interim board and needs to be moved forward. She referred to the list of appointments, noting there were several who may want to participate on the permanent advisory board. She acknowledged it was difficult to get everyone on the same page and as Roger Brooks asked, why is the Council even thinking about this, a BID is needed. Council President Petso was satisfied with approving the interim board members as proposed but agreed with Councilmember Bloom that the interim board could consider whether the nearly 50150 split should be represented by 6 by appointment business owners and 5 open door business owners. Councilmember Yamamoto recalled Roger Brooks saying the BID is for the downtown businesses and government should keep their nose out of it. Mr. Clifton identified the members of the Interim Edmonds Downtown Business Improvement District, several of whom were in the audience: Pam Stuller, Walnut Street Cafe Edmonds City Council Draft Minutes March 12, 2013 Page 3 Packet Page 6 of 267 • David Arista, Arista Wine Cellars • Kim Wahl, Reliable Floors • Mary Kay Sneeringer, Edmonds Bookshop • Paul Rucker, Saetia • Steve Balas, Waterfront Coffee Company • Chris Fleck, Puget Sound Tax Services • Sally Merck, Sally Merck Counseling • Juliana van Buskirk, Edward Jones • Kevin Clarke, Clarke, White & Veenstra • Cadence Clyborne, HDR Engineering Inc. Mr. Clifton noted anyone not appointed to the interim board can attend their meetings as they are open to the public. He will contact those who were not selected and encourage them to attend the interim board meetings. MOTION CARRIED (6-1), COUNCILMEMBER BLOOM VOTING NO. 6. MAYOR'S COMMENTS Mayor Earling had no report. 7. COUNCIL COMMENTS Councilmember Buckshnis provided a reminder of the Mayor's State of the City Address occurring tomorrow at 8:30 a.m. at the Wade James Theater. Councilmember Peterson planned to attend the Mayor's Sate of the City Address. He said it was good to be back; he was out of town for a couple weeks and had a great trip. Council President Petso introduced Student Representative Walker Kasinadhuni, a junior at Meadowdale High School. She looked forward to his participation. Councilmember Fraley-Monillas welcomed Student Representative Walker Kasinadhuni. Councilmember Johnson congratulated everyone who was brave enough to serve on the Interim BID Members Advisory Committee and looked forward to their recommendations in 90 days. Student Representative Walker Kasinadhuni thanked the Council for welcoming him and he looked forward to working with the Council. Mayor Earling also welcomed Student Representative Walker Kasinadhuni. 8. CONVENE IN EXECUTIVE SESSION REGARDING PENDING LITIGATION PER RCW 42.30.110(1)(i). At 6:21 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 15 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, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday and City Clerk Sandy Chase. The executive session concluded at 6:33 p.m. Edmonds City Council Draft Minutes March 12, 2013 Page 4 Packet Page 7 of 267 9. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. Mayor Earling reconvened the regular City Council meeting at 6:35 p.m. 10. ADJOURN TO CITY COUNCIL COMMITTEE MEETINGS With no further business, the Council meeting was adjourned to committee meetings at 6:36 p.m. Edmonds City Council Draft Minutes March 12, 2013 Page 5 Packet Page 8 of 267 AM-5585 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted For: Ronald Cone Department: Finance Committee: Submitted By: Debra Sharp Type: Action Information Subiect Title Approval of claim checks #200977 through #201107 dated March 14, 2013 for $387,760.34. Recommendation Approval of claim checks Previous Council Action N/A 3. B. 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: 387,760.34 Fiscal Impact: Claims $387,760.34 Attachments Project Numbers Claim Checks 03-14-13 Inbox Reviewed By Finance Ronald Cone City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Debra Sharp Final Approval Date: 03/14/2013 Form Review Date 03/13/2013 05:03 PM 03/14/2013 09:21 AM 03/14/2013 10:06 AM 03/14/2013 01:19 PM Started On: 03/13/2013 02:51 PM Packet Page 9 of 267 PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number STIR EOAA c329 STM EOFC c326 EQJA WTR EOJA c363 Project Title 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade Stormwater GIS Support RIF Intertie and R=kprovements 2010 Waterline Replacement Proaram EOLA c327 Edmonds Museum Exterior Repairs Project FAC EOLB c332 c342 STIR E1AB c343 STIR E1 DA c354 STM Ell FA c336 Senior Center Roof Repairs Five Corners Roundabout (212th Street SW @ 84th Avenue W) 2011 Residential Neiahborhood Traffic Calmina at 212th St SW IntersectiolWprovements Sunset Walkwav I R104 Telecommunications Conduit Crossin SW Edmonds-1 05th/1 06th Ave W Storm I STM E1 FF c341 Storm Contribution to Transportation Projects c349 JWtormwater Development Revi upport (NPDES Capacity) STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives E1 FN c376 Xerrinville Creek Culvert Replacemen SWR E1GA c347 Alder/Dellwood/Beach PI/224th St. Sewer Replacement E1 GB Wformwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program E1JB 76th Ave W Waterline Extension with Lynnwood WTR ElJC c345 Edmonds General Facilities Charge Study c346 PRV Station 11 and 12 Abandonment WTR E1JE c340 2012 Waterline Replacement Program c375 Mai atermain STIR E2AA c391 Transportation Plan Update c392 9th Avenue Improvement Project STIR E2AC c404 Citywide Safety Improvements 99 Enhancements (Phase 111 WTR E2CA c388 2012 Waterline Overlay Program ay Road Repair WTR E2CC c399 5th Ave Overlay Project c146 Interurban Trail STM E21FA c378 North Talbot Road Drainage Improvements W Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System Revised 3/13/2013 Packet Page 10 of 267 PROJECT NUMBERS (By Engineering Number) Engineerinq Project Funding Number STM E2FC STM E2FD STM E2FE Project Accounting Number Project Title c380 Edmonds Marsh Feasibility Study c c382 2012 Citvwide Storm Drainage Improvements SWR E2GB c390 E3FA c406 STM E3FB c407 STM E3FD c409 SWR E3GA c398 WTR E3JA c397 012 Sanitary Sewer Comp Plan Upda Alder Sanitary Sewer Pipe Rehabilitation 2013 Citywide Drainage Replacemen 2013 Lake Ballinger Basin Study & Associated Projects inville CrMormwate Retrofit Study Dayton Street Storm Improvements (6th Ave - 8th Ave) Northstream Pipe Abandonement on Puget Drive 2013 Sewerline Replacement Project OVD Sewer Lateral Improvement iL 2013 Waterline Replacement Program STR E6DA c245 76th Avenue West/75th Place West Walkway Project E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program t Li STR E7AC i005 228th St. SW Corridor Improvements c268 IffhellMlley Emergency Access Road STM E7FG m013 NPDES c276 Dayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from Us 13 - 09/01/08) SWR E8GD c301 c282 PM E8MB c290 E9CA c294 STR E9DA c312 c SWR E9GA c304 City -Wide Sewer Improvements Fourth Avenue Cultural Corridor Marina Beach Additional Parking 2009 Street Overlay Program illirmp 226th Street Walkway Project Talbot Rd. Storm Drain Pr n Sewer Lift Station Rehabilitation Design enior Center Parking Lot & Landscaping Improvements Revised 3/13/2013 Packet Page 11 of 267 vchlist Voucher List Page: 1 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200977 3/14/2013 065052 AARD PEST CONTROL 317474 WWTP MONTHLY PEST CONTROL WWTP MONTHLY PEST CONTROL 423.000.76.535.80.41.23 73.00 9.5% Sales Tax 423.000.76.535.80.41.23 6.94 Total : 79.94 200978 3/14/2013 074036 ADVANCED PLC, LL 2994 WWTP CONTROL SYSTEM UPGRA WWTP CONTROL SYSTEM UPGRA 423.100.76.594.39.65.10 2,990.00 9.5% Sales Tax 423.100.76.594.39.65.10 284.05 Total : 3,274.05 200979 3/14/2013 000850 ALDERWOOD WATER DISTRICT 9292 MONTHLY WHOLESALE WATER Cl- MONTHLY WHOLESALE WATER CF 421.000.74.534.80.33.00 89,166.01 Total : 89,166.01 200980 3/14/2013 061540 ALLIED WASTE SERVICES 3-0197-0800478 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 140.19 3-0197-0800897 PUBLIC WORKS OMC 7110 210TH PUBLIC WORKS OMC 7110 210TH 001.000.65.519.91.47.00 27.84 PUBLIC WORKS OMC 7110 210TH 111.000.68.542.90.47.00 105.80 PUBLIC WORKS OMC 7110 210TH 421.000.74.534.80.47.00 105.80 PUBLIC WORKS OMC 7110 210TH 423.000.75.535.80.47.10 105.80 PUBLIC WORKS OMC 7110 210TH ; 511.000.77.548.68.47.00 105.80 PUBLIC WORKS OMC 7110 210TH ; 422.000.72.531.90.47.00 105.80 Page: 1 Packet Page 12 of 267 vchlist Voucher List Page: 2 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200980 3/14/2013 061540 ALLIED WASTE SERVICES (Continued) 3-0197-0801132 FIRE STATION #16 8429 196TH ST ; FIRE STATION #16 8429 196TH ST ; 001.000.66.518.30.47.00 148.91 3-0197-0829729 CLUBHOUSE 6801 N MEADOWDALI CLUBHOUSE 6801 N MEADOWDALI 001.000.66.518.30.47.00 64.98 Total : 910.92 200981 3/14/2013 069751 ARAMARK UNIFORM SERVICES 655-6690524 UNIFORM SERVICE UNIFORM SERVICE 001.000.64.576.80.24.00 30.37 9.5% Sales Tax 001.000.64.576.80.24.00 2.89 Total : 33.26 200982 3/14/2013 064343 AT&T 425-776-5316 PARKS FAX MODEM PARKS FAX MODEM 001.000.64.576.80.42.00 45.59 Total : 45.59 200983 3/14/2013 070305 AUTOMATIC FUNDS TRANSFER 68371 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #100 Printing 422.000.72.531.90.49.00 133.63 UB Outsourcing area #100 Printing 421.000.74.534.80.49.00 133.63 UB Outsourcing area #100 Printing 423.000.75.535.80.49.00 137.69 UB Outsourcing area #100 Postage 421.000.74.534.80.42.00 312.81 UB Outsourcing area #100 Postage 423.000.75.535.80.42.00 312.81 9.5% Sales Tax 422.000.72.531.90.49.00 12.70 9.5% Sales Tax 421.000.74.534.80.49.00 12.70 Page: 2 Packet Page 13 of 267 vchlist Voucher List Page: 3 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200983 3/14/2013 070305 AUTOMATIC FUNDS TRANSFER (Continued) 9.5% Sales Tax 423.000.75.535.80.49.00 13.07 68430 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #800 422.000.72.531.90.49.00 170.47 UB Outsourcing area #800 421.000.74.534.80.49.00 170.47 UB Outsourcing area #800 423.000.75.535.80.49.00 175.63 UB Outsourcing area #800 Postage 421.000.74.534.80.42.00 399.28 UB Outsourcing area #800 Postage 423.000.75.535.80.42.00 399.28 9.5% Sales Tax 422.000.72.531.90.49.00 16.19 9.5% Sales Tax 421.000.74.534.80.49.00 16.19 9.5% Sales Tax 423.000.75.535.80.49.00 16.70 68490 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #400 Printing 422.000.72.531.90.49.00 183.38 UB Outsourcing area #400 Printing 421.000.74.534.80.49.00 183.38 UB Outsourcing area #400 Printing 423.000.75.535.80.49.00 188.95 UB Outsourcing area #400 Postage 421.000.74.534.80.42.00 430.54 UB Outsourcing area #400 Postage 423.000.75.535.80.42.00 430.54 9.5% Sales Tax 422.000.72.531.90.49.00 17.42 9.5% Sales Tax 421.000.74.534.80.49.00 17.42 Page: 3 Packet Page 14 of 267 vchlist Voucher List Page: 4 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200983 3/14/2013 070305 AUTOMATIC FUNDS TRANSFER (Continued) 9.5% Sales Tax 423.000.75.535.80.49.00 17.95 68522 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #200 Printing 422.000.72.531.90.49.00 132.33 UB Outsourcing area #200 Printing 421.000.74.534.80.49.00 132.33 UB Outsourcing area #200 Printing 423.000.75.535.80.49.00 136.34 UB Outsourcing area #200 Postage 423.000.75.535.80.42.00 310.10 9.5% Sales Tax 422.000.72.531.90.49.00 12.57 9.5% Sales Tax 421.000.74.534.80.49.00 12.57 9.5% Sales Tax 423.000.75.535.80.49.00 12.95 UB Outsourcing area #200 Postage 421.000.74.534.80.42.00 310.11 68566 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #700 Printing 422.000.72.531.90.49.00 34.14 UB Outsourcing area #700 Printing 421.000.74.534.80.49.00 34.14 UB Outsourcing area #700 Printing 423.000.75.535.80.49.00 35.17 UB Outsourcing area #700 Postage 421.000.74.534.80.42.00 102.12 UB Outsourcing area #700 Postage 423.000.75.535.80.42.00 102.12 9.5% Sales Tax 422.000.72.531.90.49.00 3.24 9.5% Sales Tax 421.000.74.534.80.49.00 3.24 Page: 4 Packet Page 15 of 267 vchlist Voucher List Page: 5 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200983 3/14/2013 070305 AUTOMATIC FUNDS TRANSFER (Continued) 9.5% Sales Tax 423.000.75.535.80.49.00 3.34 Total : 5,279.64 200984 3/14/2013 028050 BILL PIERRE FORD INC 513973 Fleet- Brake Kits Inventory Fleet- Brake Kits Inventory 511.000.77.548.68.34.40 439.80 9.5% Sales Tax 511.000.77.548.68.34.40 41.78 Total : 481.58 200985 3/14/2013 074307 BLUE STAR GAS 0684793-IN Fleet - LPG (373.6 Gal Fleet - LPG (373.6 Gal 511.000.77.548.68.34.12 568.90 0686726-IN Fleet - 500 Gal LPG Fleet - 500 Gal LPG 511.000.77.548.68.34.12 825.00 0688374-IN Fleet - 500 Gal LPG Fleet - 500 Gal LPG 511.000.77, 548.68.34.12 825.00 Total : 2,218.90 200986 3/14/2013 065739 BOBBY WOLFORD TRUCKING & 055416 Storm - Concrete Recycle Fees Storm - Concrete Recycle Fees 422.000.72.531.10.49.00 141.75 055493 Storm - Concrete Recycle Storm - Concrete Recycle 422.000.72.531.10.49.00 141.75 Total : 283.50 200987 3/14/2013 074229 BONNIE AUBUCHON AUBUCHON 16455 PAINTING KIDS 16455 PAINTING KIDS 16455 001.000.64.571.22.41.00 97.50 Total : 97.50 200988 3/14/2013 018495 CALPORTLAND COMPANY 91750255 Parks - Gravel Page: 5 Packet Page 16 of 267 vchlist Voucher List Page: 6 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200988 3/14/2013 018495 CALPORTLAND COMPANY (Continued) Parks - Gravel 001.000.64.576.80.31.00 118.58 9.5% Sales Tax 001.000.64.576.80.31.00 11.27 Total : 129.85 200989 3/14/2013 074351 CARR, BRONWEN Al CARR 03/05/2013 REFUND INSUFFCIENT REGISTRA' REFUND INSUFFCIENT REGISTRA- 001.000.239.200 13.75 Total : 13.75 200990 3/14/2013 068484 CEMEX LLC 9425484786 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 410.00 9.5% Sales Tax 111.000.68.542.31.31.00 38.96 9425484787 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 452.41 9425492366 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 175.00 9.5% Sales Tax 111.000.68.542.31.31.00 16.63 9425500543 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 1,089.71 9425500544 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 705.00 9.5% Sales Tax 111.000.68.542.31.31.00 66.98 9425516376 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 140.00 Page: 6 Packet Page 17 of 267 vchlist Voucher List Page: 7 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200990 3/14/2013 068484 CEMEX LLC (Continued) 9.5% Sales Tax 111.000.68.542.31.31.00 13.30 9425540040 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 140.00 9.5% Sales Tax 111.000.68.542.31.31.00 13.30 9425554592 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 335.00 9.5% Sales Tax 111.000.68.542.31.31.00 31.83 9425627446 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 250.00 9.5% Sales Tax 111.000.68.542.31.31.00 23.75 9425645676 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 455.00 9.5% Sales Tax 111.000.68.542.31.31.00 43.23 9425663920 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 265.00 9.5% Sales Tax 111.000.68.542.31.31.00 25.18 Total : 4,690.28 200991 3/14/2013 003510 CENTRAL WELDING SUPPLY RN02130975 WWTP OPERATING SUPPLIES - CY WWTP OPERATING SUPPLIES - CY 423.000.76.535.80.31.11 58.00 9.5% Sales Tax 423.000.76.535.80.31.11 5.51 Page: 7 Packet Page 18 of 267 vchlist Voucher List Page: 8 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200991 3/14/2013 003510 003510 CENTRAL WELDING SUPPLY (Continued) Total : 63.51 200992 3/14/2013 064840 CHAPUT, KAREN E CHAPUT 17502 FRIDAY NIGHT OUT FRIDAY NIGHT OUT 001.000.64.571.22.41.00 36.16 Total : 36.16 200993 3/14/2013 073430 CHUPRINA, LARISSA CHUPRINA 16741 UKRAINIAN EGG DECORATING UKRAINIAN EGG DECORATING 001.000.64.571.22.41.00 128.70 Total : 128.70 200994 3/14/2013 019215 CITY OF LYNNWOOD 9967 CREDIT FOR CHAUDHRY ON 12/20 CREDIT DEC 2012 - CHAUDHRY 001.000.41.523.60.51.00 -335.00 9967 INV#9967 CUST#47 - EDMONDS PC PRISONER R&B FOR JAN 2013 001.000.41.523.60.51.00 1,610.83 9969 INV#9969 CUST#1430 - EDMONDS I VERIZON PHONE NARCS 2/2013 104.000.41.521.21.42.00 95.22 Total : 1,371.05 200995 3/14/2013 019215 CITY OF LYNNWOOD 9960 MONTHLY MAINT/OPERATIONS SE MONTHLY MAINT/OPERATIONS SE 423.000.75.535.80.47.20 27,602.00 Total : 27,602.00 200996 3/14/2013 074355 CITY OF MONROE POLICE DEPT OverpayOnAccount Overpayment on account Overpayment on account 001.000.233.000 234.96 Total : 234.96 200997 3/14/2013 004095 COASTWIDE LABS W2529388 Fac Maint - Cleaners, TT, Towels, Lin Fac Maint - Cleaners, TT, Towels, Lin 001.000.66.518.30.31.00 490.83 9.5% Sales Tax Page: 8 Packet Page 19 of 267 vchlist Voucher List Page: 9 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 200997 3/14/2013 004095 COASTWIDE LABS (Continued) 001.000.66.518.30.31.00 46.63 Total : 537.46 200998 3/14/2013 064369 CODE PUBLISHING CO 42815 CODE UPDATES ECC & ECDC Supplements 001.000.25.514.30.41.00 3,248.80 9.5% Sales Tax 001.000.25.514.30.41.00 308.64 Total : 3,557.44 200999 3/14/2013 065566 COLLINS, AMY 3048 REPAY PURCHASE OF UNIFORM S UNIFORM SHOES 001.000.41.521.11.24.00 99.95 9.5% Sales Tax 001.000.41.521.11.24.00 9.50 Total : 109.45 201000 3/14/2013 068473 COMMERCIAL SOUND & COMM. 041197 PS - Council Chambers Mic not workii PS - Council Chambers Mic not workii 001.000.66.518.30.48.00 187.50 9.5% Sales Tax 001.000.66.518.30.48.00 17.82 Total : 205.32 201001 3/14/2013 062891 COOK PAGING WA 8984911 WATER WATCH PAGER WATER WATCH PAGER 421.000.74.534.80.42.00 4.25 Total : 4.25 201002 3/14/2013 072848 COPIERS NW INV830039 INV#INV830039 ACCT#HMH636 - EC COPIER RENTAL 2/5/13 TO 3/4/13 001.000.41.521.10.45.00 226.77 9.5% Sales Tax 001.000.41.521.10.45.00 21.54 INV830040 INV#INV830040 ACCT#HMH636 - EC Page: 9 Packet Page 20 of 267 vchlist Voucher List Page: 10 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201002 3/14/2013 072848 COPIERS NW (Continued) BLACK COPIES 2/5/13 TO 3/4/13 001.000.41.521.10.45.00 54.70 COLOR COPIES 2/5/13 TO 3/4/13 001.000.41.521.10.45.00 114.07 9.5% Sales Tax 001.000.41.521.10.45.00 16.03 Total : 433.11 201003 3/14/2013 005965 CUES INC 380882 Freight Freight 423.000.75.535.80.31.00 143.19 9.5% Sales Tax 423.000.75.535.80.31.00 13.60 381073 Sewer TV Truck - Pole Assembly, Sewer TV Truck - Pole Assembly, 423.000.75.535.80.31.00 924.91 Freight 423.000.75.535.80.31.00 15.38 9.5% Sales Tax 423.000.75.535.80.31.00 89.34 381190 Sewer TV Truck Camera Supplies Sewer TV Truck Camera Supplies 423.000.75.535.80.31.00 1,975.30 Freight 423.000.75.535.80.31.00 14.04 9.5% Sales Tax 423.000.75.535.80.31.00 188.99 381527 Freight Freight 423.000.75.535.80.31.00 131.15 9.5% Sales Tax 423.000.75.535.80.31.00 12.46 381915 Sewer TV Truck Camera Repairs and Sewer TV Truck Camera Repairs and 423.000.75.535.80.48.00 905.37 Page: 10 Packet Page 21 of 267 vchlist Voucher List Page: 11 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201003 3/14/2013 005965 CUES INC (Continued) Freight 423.000.75.535.80.48.00 17.59 9.5% Sales Tax 423.000.75.535.80.48.00 87.69 382303 Sewer TV Truck Camera Repairs and Sewer TV Truck Camera Repairs and 423.000.75.535.80.48.00 899.47 Freight 423.000.75.535.80.48.00 49.28 9.5% Sales Tax 423.000.75.535.80.48.00 90.13 Total : 5,557.89 201004 3/14/2013 066131 DEPARTMENT OF HEALTH PWS ID 22500 U 2013 Operating Permit, System 2013 Operating Permit, System 421.000.74.534.80.49.00 8,622.11 Total : 8,622.11 201005 3/14/2013 047450 DEPT OF INFORMATION SERVICES 2013020331 CUSTOMER ID# D200-0 Scan Services for February 2013 001.000.31.518.88.42.00 940.00 Total : 940.00 201006 3/14/2013 064531 DINES, JEANNIE 13-3344 MINUTE TAKING 3/5 Council Minutes 001.000.25.514.30.41.00 240.00 Total : 240.00 201007 3/14/2013 073772 DIRECT MATTERS 52457 COURT FORMS COURT FORMS 001.000.23.512.50.31.00 499.57 Total : 499.57 201008 3/14/2013 014430 DMH INDUSTRIAL ELECTRIC INC 482166 FS 17 - Motor Inspection FS 17 - Motor Inspection Page: 11 Packet Page 22 of 267 vchlist Voucher List Page: 12 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201008 3/14/2013 014430 DMH INDUSTRIAL ELECTRIC INC (Continued) 001.000.66.518.30.48.00 39.00 9.2% Sales Tax 001.000.66.518.30.48.00 3.59 482192 FS 17 - Hot Water Circulator Pump A( FS 17 - Hot Water Circulator Pump A( 001.000.66.518.30.31.00 371.00 Freight 001.000.66.518.30.31.00 28.50 9.2% Sales Tax 001.000.66.518.30.31.00 36.75 Total : 478.84 201009 3/14/2013 007253 DUNN LUMBER 1709973 FAC - Supplies FAC - Supplies 001.000.66.518.30.31.00 8.30 9.5% Sales Tax 001.000.66.518.30.31.00 0.79 Total : 9.09 201010 3/14/2013 074030 ECHELBARGER INVESTMENTS LLC ENG20120370 Duplicate payment. Duplicate payment. 001.000.257.620 800.00 Total : 800.00 201011 3/14/2013 068292 EDGE ANALYTICAL 13-02463 Water Qaulity - Samples Water Qaulity - Samples 421.000.74.534.80.41.00 1,036.00 Total : 1,036.00 201012 3/14/2013 069523 EDMONDS P&R YOUTH SCHOLARSHIP HYDE 16581 GYMNASTICS 16581 FOR OLIVIA H GYMNASTICS 16581 FOR OLIVIA H 122.000.64.571.20.49.00 75.00 Total : 75.00 201013 3/14/2013 038500 EDMONDS SENIOR CENTER 2013-03-01 03/13 RECREATION SERVICES COI Page: 12 Packet Page 23 of 267 vchlist Voucher List Page: 13 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201013 3/14/2013 038500 EDMONDS SENIOR CENTER (Continued) 03/13 Recreation Services Contract F 001.000.39.555.00.41.00 5,000.00 Total : 5,000.00 201014 3/14/2013 008705 EDMONDS WATER DIVISION 5-10351 23823 76TH AVE W 23823 76TH AVE W 001.000.64.576.80.47.00 31.79 Total : 31.79 201015 3/14/2013 068803 EJ USA INC 3573433 Storm - Center Lock Vaned Grates Storm - Center Lock Vaned Grates 422.000.72.531.40.31.00 1,383.96 9.5% Sales Tax 422.000.72.531.40.31.00 131.48 Total : 1,515.44 201016 3/14/2013 008812 ELECTRONIC BUSINESS MACHINES 085179 COPIER CHARGE C1030 Coper charges for C1030 001.000.61.519.70.45.00 13.50 Coper charges for C1030 001.000.21.513.10.45.00 13.49 9.5% Sales Tax 001.000.61.519.70.45.00 1.28 9.5% Sales Tax 001.000.22.518.10.45.00 1.28 9.5% Sales Tax 001.000.21.513.10.45.00 1.29 Coper charges for C1030 001.000.22.518.10.45.00 13.50 Total : 44.34 201017 3/14/2013 008812 ELECTRONIC BUSINESS MACHINES 084976 FLEET COPY USE Fleet Copy Use (541 B/W) 511.000.77.548.68.31.10 4.33 9.5% Sales Tax Page: 13 Packet Page 24 of 267 vchlist Voucher List Page: 14 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 201017 3/14/2013 008812 ELECTRONIC BUSINESS MACHINES (Continued) 084986 084988 PO # Description/Account Amount 511.000.77.548.68.31.10 0.41 WATER SEWER COPY USE Water Sewer Copy Use- 421.000.74.534.80.31.00 48.31 Water Sewer Copy Use- 423.000.75.535.80.31.00 48.31 9.5% Sales Tax 421.000.74.534.80.31.00 4.59 9.5% Sales Tax 423.000.75.535.80.31.00 4.59 PW COPY USE PW Copy Use- 001.000.65.519.91.31.00 68.67 PW Copy Use-- 111.000.68.542.90.31.00 38.91 PW Copy Use- 422.000.72.531.90.31.00 38.91 PW Copy Use- 421.000.74.534.80.31.00 27.47 PW Copy Use- 423.000.75.535.80.31.00 27.47 PW Copy Use- 511.000.77.548.68.31.10 27.46 9.5% Sales Tax 001.000.65.519.91.31.00 6.53 9.5% Sales Tax 111.000.68.542.90.31.00 3.70 9.5% Sales Tax 422.000.72.531.90.31.00 3.70 9.5% Sales Tax 421.000.74.534.80.31.00 2.61 9.5% Sales Tax 423.000.75.535.80.31.00 2.61 9.5% Sales Tax Page: 14 Packet Page 25 of 267 vchlist Voucher List Page: 15 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201017 3/14/2013 008812 ELECTRONIC BUSINESS MACHINES (Continued) 511.000.77.548.68.31.10 2.59 Total : 361.17 201018 3/14/2013 008812 ELECTRONIC BUSINESS MACHINES 085176 Meter charges for Planning Dept. C1C Meter charges for Planning Dept. C1C 001.000.62.524.10.45.00 38.22 9.5% Sales Tax 001.000.62.524.10.45.00 3.63 085177 Meter charges for Building Dept. C10: Meter charges for Building Dept. C10: 001.000.62.524.10.45.00 46.14 9.5% Sales Tax 001.000.62.524.10.45.00 4.38 Total : 92.37 201019 3/14/2013 074345 EUROFINS EATON ANALYTICAL L0113858 Water Quality - Testing Water Quality - Testing 421.000.74.534.80.41.00 700.00 Total : 700.00 201020 3/14/2013 063953 EVERGREEN STATE HEAT & A/C 21355 City Hall - Service Repair City Hall - Service Repair 001.000.66.518.30.48.00 230.00 9.5% Sales Tax 001.000.66.518.30.48.00 21.85 Total : 251.85 201021 3/14/2013 066378 FASTENAL COMPANY WAMOU27897 SUPPLIES SUPPLIES 001.000.64.576.80.31.00 11.65 9.5% Sales Tax 001.000.64.576.80.31.00 1.11 Total : 12.76 201022 3/14/2013 069940 FIRST ADVANTAGE SBS 260412 INV 260412 ACCT ODY900JJM EDM Page: 15 Packet Page 26 of 267 vchlist Voucher List Page: 16 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201022 3/14/2013 069940 FIRST ADVANTAGE SBS (Continued) CREDIT CHECK - CONE 001.000.22.518.10.41.00 10.50 Total : 10.50 201023 3/14/2013 011900 FRONTIER 206-188-0247 TELEMETRY MASTER SUMMARY A TELEMETRY MASTER SUMMARY A 421.000.74.534.80.42.00 243.04 TELEMETRY MASTER SUMMARY A 423.000.75.535.80.42.00 243.03 253-011-1177 PUBLIC WORKS OMC RADIO LINE PUBLIC WORKS OMC RADIO LINE' 001.000.65.519.91.42.00 5.48 PUBLIC WORKS OMC RADIO LINE' 111.000.68.542.90.42.00 20.81 PUBLIC WORKS OMC RADIO LINE' 421.000.74.534.80.42.00 20.81 PUBLIC WORKS OMC RADIO LINE' 423.000.75.535.80.42.00 20.81 PUBLIC WORKS OMC RADIO LINE' 422.000.72.531.90.42.00 20.78 PUBLIC WORKS OMC RADIO LINE' 511.000.77.548.68.42.00 20.81 425-745-4313 CLUBHOUSE ALARM LINES 6801 M CLUBHOUSE FIRE AND INTRUSION 001.000.66.518.30.42.00 110.74 425-774-1031 LIFT STATION #8 VG SPECIAL ACC LIFT STATION #8 TWO VOICE GRA 423.000.75.535.80.42.00 46.84 425-775-7865 UTILITY BILLING RADIO LINE UTILITY BILLING RADIO LINE TO FI 421.000.74.534.80.42.00 53.85 425-776-1281 SNO-ISLE LIBRARY ELEVATOR PH, SNO-ISLE LIBRARY ELEVATOR PH, 001.000.66.518.30.42.00 41.74 425-776-2742 LIFT STATION #7 VG SPECIAL ACC Page: 16 Packet Page 27 of 267 vchlist Voucher List Page: 17 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201023 3/14/2013 011900 FRONTIER (Continued) LIFT STATION #7 V/G SPECIAL AC( 423.000.75.535.80.42.00 26.02 Total : 874.76 201024 3/14/2013 011900 FRONTIER 425-744-1681 SEAVIEW PARK IRRIGATION MODE SEAVIEW PARK IRRIGATION MODE 001.000.64.576.80.42.00 41.74 425-744-1691 SIERRA PARK IRRIGATION MODEM SIERRA PARK IRRIGATION MODEL 001.000.64.576.80.42.00 41.08 425-775-1344 BEACH RANGER PHONE @ FISHIN BEACH RANGER PHONE @ FISHIN 001.000.64.574.35.42.00 54.49 425-776-5316 GROUNDS MAINTENANCE FAX MC GROUNDS MAINTENANCE FAX MC 001.000.64.576.80.42.00 110.44 Total : 247.75 201025 3/14/2013 063137 GOODYEAR AUTO SERVICE CENTER 109942 Unit 99B - Tires - 2 Unit 99B - Tires - 2 511.000.77.548.68.31.10 201.90 9.5% Sales Tax 511.000.77.548.68.31.10 18.99 110064 Unit 6 Tires-2 Unit 6 Tires-2 511.000.77.548.68.31.10 305.44 9.5% Sales Tax 511.000.77.548.68.31.10 28.83 Total : 555.16 201026 3/14/2013 069733 H B JAEGER COMPANY LLC 135009/1 Water Supplies- Sediment Bags, Aspl Water Supplies- Sediment Bags, Aspl 421.000.74.534.80.31.00 255.00 Water Inventory - W-PIPECO-01-011 421.000.74.534.80.34.20 1,380.00 Page: 17 Packet Page 28 of 267 vchlist Voucher List Page: 18 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201026 3/14/2013 069733 H B JAEGER COMPANY LLC (Continued) 9.5% Sales Tax 421.000.74.534.80.31.00 24.23 9.5% Sales Tax 421.000.74.534.80.34.20 131.10 135690/1 Water Supplies - Pipe Sock Water Supplies - Pipe Sock 421.000.74.534.80.31.00 98.50 Water Inventory - W-SADLCI-1 6-010; 421.000.74.534.80.34.20 134.88 Water Inventory - W-CLMPCI-06-027 421.000.74.534.80.34.20 345.14 Freight 421.000.74.534.80.31.00 1.76 Freight 421.000.74.534.80.34.20 8.57 9.5% Sales Tax 421.000.74.534.80.31.00 9.53 9.5% Sales Tax 421.000.74.534.80.34.20 46.41 136151/1 Water Supplies - 10" Double Band Sa Water Supplies - 10" Double Band Sa 421.000.74.534.80.31.00 75.00 9.5% Sales Tax 421.000.74.534.80.31.00 7.13 Total : 2,517.25 201027 3/14/2013 074352 HAYNES, VICKI HAYNES 03/08/2013 REFUND MEDICAL REFUND MEDICAL 001.000.239.200 72.00 Total : 72.00 201028 3/14/2013 074321 HOWARD, PERRI 003 FLOWER POLE ART-HOWARD FLOWER POLE ART-HOWARD 127.200.64.573.20.41.00 2,050.00 Page: 18 Packet Page 29 of 267 vchlist Voucher List Page: 19 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201028 3/14/2013 074321 074321 HOWARD, PERRI (Continued) Total : 2,050.00 201029 3/14/2013 073548 INDOFF INCORPORATED 2244715 SUPPLIES SUPPLIES 001.000.23.523.30.31.00 241.71 Total : 241.71 201030 3/14/2013 073548 INDOFF INCORPORATED 2228873 UNIVERSAL ADDRESS LABELS Universal Fast Lift Labels 001.000.31.514.23.31.00 80.70 9.5% Sales Tax 001.000.31.514.23.31.00 7.67 2242287 BATTERIES Duracell 9V batteries for IT 001.000.31.518.88.31.00 24.15 9.5% Sales Tax 001.000.31.518.88.31.00 2.29 2242293 WRITING PADS, GEL PENS, POST I Universal Economy Ruled Writing Pa( 001.000.31.514.23.31.00 52.07 9.5% Sales Tax 001.000.31.514.23.31.00 4.94 2244353 UNIVERSAL FAST LIFT ADDRESS L Universal Fast Lift Address Labels 001.000.31.514.23.31.00 -40.35 9.5% Sales Tax 001.000.31.514.23.31.00 -3.83 2244855 POST IT FLAGS Post -it Flags 001.000.31.514.23.31.00 10.99 9.5% Sales Tax 001.000.31.514.23.31.00 1.04 Total : 139.67 201031 3/14/2013 073548 INDOFF INCORPORATED 2243512 Misc. office supplies including Misc. office supplies including Page: 19 Packet Page 30 of 267 vchlist Voucher List Page: 20 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201031 3/14/2013 073548 INDOFF INCORPORATED (Continued) 001.000.62.524.10.31.00 327.74 9.5% Sales Tax 001.000.62.524.10.31.00 31.14 Total : 358.88 201032 3/14/2013 068952 INFINITY INTERNET 410951 PRESCHOOL INTERNET PRESCHOOL INTERNET 001.000.64.575.56.42.00 15.00 Total : 15.00 201033 3/14/2013 069040 INTERSTATE AUTO PARTS 000007041 Fleet Shop Inventory - Wave Rotors Fleet Shop Inventory - Wave Rotors 511.000.77.548.68.34.40 173.02 9.5% Sales Tax 511.000.77.548.68.34.40 16.44 000007266 Fleet Returns - Police Rotors, Low Fleet Returns - Police Rotors, Low 511.000.77.548.68.34.40 -211.70 9.5% Sales Tax 511.000.77.548.68.34.40 -20.11 000008498 Fleet - Safety Glasses Fleet - Safety Glasses 511.000.77.548.68.31.20 17.94 9.5% Sales Tax 511.000.77.548.68.31.20 1.70 000008499 Fleet - Inventory - Wave Rotors Fleet - Inventory - Wave Rotors 511.000.77.548.68.34.40 147.48 Freight 511.000.77.548.68.34.40 11.90 9.5% Sales Tax 511.000.77, 548.68.34.40 15.14 Total : 151.81 201034 3/14/2013 014940 INTERSTATE BATTERY SYSTEMS 717755 Fleet Shop Supplies - Ties, Cables, Page: 20 Packet Page 31 of 267 vchlist Voucher List Page: 21 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201034 3/14/2013 014940 INTERSTATE BATTERY SYSTEMS (Continued) Fleet Shop Supplies - Ties, Cables, 511.000.77.548.68.31.20 48.34 9.5% Sales Tax 511.000.77.548.68.31.20 4.59 718275 Fleet Shop Supplies Fleet Shop Supplies 511.000.77.548.68.31.20 7.90 9.5% Sales Tax 511.000.77.548.68.31.20 0.75 Total : 61.58 201035 3/14/2013 014940 INTERSTATE BATTERY SYSTEMS 719618 PARKS GLOVES PARKS GLOVES 001.000.64.576.80.31.00 201.32 9.5% Sales Tax 001.000.64.576.80.31.00 19.13 Total : 220.45 201036 3/14/2013 065980 ISS WONDERWARE 402881 Water Sewer - Wonderware Renewal Water Sewer - Wonderware Renewal 421.000.74.534.80.41.00 2,150.00 9.5% Sales Tax 421.000.74.534.80.41.00 204.25 Total : 2,354.25 201037 3/14/2013 017050 KWICK'N KLEEN CAR WASH 03042013-01 INV#03042013-01 - EDMONDS PD 21 CAR WASHES @ $5.03 02/2013 001.000.41.521.22.48.00 105.63 Total : 105.63 201038 3/14/2013 017050 KWICK'N KLEEN CAR WASH 03042013-03 FEBRUARY CHARGES FEBRUARY CHARGES 001.000.64.576.80.47.00 5.03 Total : 5.03 Page: 21 Packet Page 32 of 267 vchlist Voucher List Page: 22 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201039 3/14/2013 017135 LANDAU ASSOCIATES INC 31069 Professional services through 2/2/13. Professional services through 2/2/13. 001.000.62.524.20.41.00 500.00 31070 Professional services through Februai Professional services through Februai 001.000.62.524.20.41.00 2,491.40 31071 Professional Services through 2/2/13. Professional Services through 2/2/13. 001.000.62.524.20.41.00 2,480.10 Total : 5,471.50 201040 3/14/2013 073603 LIGHTHOUSE LAW GROUP PLLC 20105 expenses 01-13 EXPENSES 01-13 reimbursement for expenses - 001.000.36.515.31.41.00 387.36 MAR-2013 03-13 LEGALS FEES 03-13 Legal fees 001.000.36.515.31.41.00 32,000.00 Total : 32,387.36 201041 3/14/2013 069362 MARSHALL, CITA 1210 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 88.32 1212 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 88.32 1213 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 88.32 1214 INTERPRETER FEES INTERPRETER FEES 001.000.39.512.52.41.00 88.32 Total : 353.28 201042 3/14/2013 074353 MCBRIDE, MICHELLE MCBRIDE 03/08/2013 CUSTOMER REQUESTED REFUND CUSTOMER REQUESTED REFUND 001.000.239.200 48.00 Page: 22 Packet Page 33 of 267 vchlist Voucher List Page: 23 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201042 3/14/2013 074353 074353 MCBRIDE, MICHELLE (Continued) Total : 48.00 201043 3/14/2013 063773 MICROFLEX 00021174 02-13 TAX AUDIT PROGRAM TAX AUDIT PROGRAM 001.000.31.514.23.41.00 101.64 Total : 101.64 201044 3/14/2013 074356 NAVAS-RIVAS, HERNAN 030413 INTERPRETER FEES INTERPRETER FEES 001.000.23.523.30.41.01 100.00 Total : 100.00 201045 3/14/2013 061013 NORTHWEST CASCADE INC 1-624160 RENTALS CIVIC FIELD RENTALS CIVIC FIELD 001.000.64.576.80.45.00 112.35 Total : 112.35 201046 3/14/2013 025690 NOYES, KARIN 000 00 363 Historic Preservation Commission Historic Preservation Commission 001.000.62.558.60.41.00 160.00 Total : 160.00 201047 3/14/2013 063511 OFFICE MAX INC 432468 SUPPLIES SUPPLIES 001.000.23.523.30.31.00 3,198.39 448389 SUPPLIES SUPPLIES 001.000.23.523.30.31.00 -2,242.56 783043 SUPPLIES SUPPLIES 001.000.23.523.30.31.00 -262.80 Total : 693.03 201048 3/14/2013 063511 OFFICE MAX INC 607218 PW Office Supplies - Steno Books PW Office Supplies - Steno Books 001.000.65.519.91.31.00 29.16 9.5% Sales Tax Page: 23 Packet Page 34 of 267 vchlist Voucher List Page: 24 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201048 3/14/2013 063511 OFFICE MAX INC (Continued) 001.000.65.519.91.31.00 2.77 Total : 31.93 201049 3/14/2013 063511 OFFICE MAX INC 779225 DISCOVERY BINDERS AND ADHES 9.5% Sales Tax 001.000.64.574.35.31.00 2.03 DISCOVERY BINDERS AND ADHES 001.000.64.574.35.31.00 21.34 786178 PRESCHOOL SUPPLIES PRESCHOOL SUPPLIES 001.000.64.575.56.31.00 53.19 9.5% Sales Tax 001.000.64.575.56.31.00 5.06 790051 PAPER ADMIN PAPER ADMIN 001.000.64.571.21.31.00 127.04 9.5% Sales Tax 001.000.64.571.21.31.00 12.07 Total : 220.73 201050 3/14/2013 070166 OFFICE OF THE STATE TREASURER February, 2013 COURT, BLDG CODE & JIS TRANSP Building Code Fee Account 001.000.237.150 121.50 State Patrol Death Investigation 001.000.237.330 55.14 Judicial Information Systems Account 001.000.237.180 4,455.58 School Zone Safety Account 001.000.237.200 77.20 Washington Auto Theft Prevention 001.000.237.250 2,552.68 Traumatic Brain Injury 001.000.237.260 468.08 Accessible Communities Acct 001.000.237.290 88.88 Page: 24 Packet Page 35 of 267 vchlist Voucher List Page: 25 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201050 3/14/2013 070166 OFFICE OF THE STATE TREASURER (Continued) Multi -Model Transportation 001.000.237.300 88.88 Hwy Safety Acct 001.000.237.320 87.49 Crime Lab Blood Breath Analysis 001.000.237.170 172.27 WSP Hwy Acct 001.000.237.340 313.01 Emergency Medical Services & Traun 001.000.237.120 1,304.06 PSEA 1, 2 & 3 Account 001.000.237.130 27,839.68 Total : 37,624.45 201051 3/14/2013 073751 OKANOGAN COUNTRY SHERIFF OKC JAIL FEB 2013 OKANOGAN CO JAIL - EDMONDS F 28 INMATE HOUSING DAYS 02/13 001.000.41.523.60.51.00 1,498.00 Total : 1,498.00 201052 3/14/2013 064070 PALMATIER, LISA PALMATIER 3/10/13 PARKS CONCERT COORDINATOR PARKS CONCERT COORDINATOR 117.100.64.573.20.41.00 448.00 Total : 448.00 201053 3/14/2013 027165 PARKER PAINT MFG. CO.INC. 954023035033 PW - Front Counter Paint Supplies PW - Front Counter Paint Supplies 001.000.66.518.30.31.00 36.39 9.5% Sales Tax 001.000.66.518.30.31.00 3.46 Total : 39.85 201054 3/14/2013 073150 POLLARD, ANDREA F 213 Flagging Class - 7 Street Flagging Class - 7 Street 111.000.68.542.90.49.00 315.00 6 Storm Page: 25 Packet Page 36 of 267 vchlist Voucher List Page: 26 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201054 3/14/2013 073150 POLLARD, ANDREA F (Continued) 422.000.72.531.90.49.00 270.00 8 Water 421.000.74.534.80.49.00 360.00 5 Sewer 423.000.75.535.80.49.00 225.00 Total : 1,170.00 201055 3/14/2013 064167 POLLARDWATER.COM-EAST 1346835-IN Water Supplies Water Supplies 421.000.74.534.80.31.00 1,592.60 Freight 421.000.74.534.80.31.00 24.38 9.5% Sales Tax 421.000.74.534.80.31.00 153.62 Total : 1,770.60 201056 3/14/2013 071811 PONY MAIL BOX & BUSINESS CTR 206031 WATER SEWER STREET STORM-L Water Sewer Street Storm - L&I Safet 111.000.68.542.90.42.00 2.90 Water Sewer Street Storm - L&I Safet 422.000.72.531.90.42.00 2.90 Water Sewer Street Storm - L&I Safet 421.000.74.534.80.42.00 2.90 Water Sewer Street Storm - L&I Safet 423.000.75.535.80.42.00 2.89 206161 WATER SEWER STREET STORM-L Water Sewer Street Storm - L&I Safet 111.000.68.542.90.42.00 2.90 Water Sewer Street Storm - L&I Safet 422.000.72.531.90.42.00 2.90 Water Sewer Street Storm - L&I Safet 421.000.74.534.80.42.00 2.90 Water Sewer Street Storm - L&I Safet 423.000.75.535.80.42.00 2.89 206400 Sewer - Cues Return Postage Page: 26 Packet Page 37 of 267 vchlist Voucher List Page: 27 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201056 3/14/2013 071811 PONY MAIL BOX & BUSINESS CTR (Continued) Sewer - Cues Return Postage 423.000.75.535.80.42.00 62.38 206434 WATER SEWER STREET STORM-L Water Sewer Street Storm - L&I Safet 111.000.68.542.90.42.00 2.90 Water Sewer Street Storm - L&I Safet 422.000.72.531.90.42.00 2.90 Water Sewer Street Storm - L&I Safet 421.000.74.534.80.42.00 2.90 Water Sewer Street Storm - L&I Safet 423.000.75.535.80.42.00 2.89 Total : 97.15 201057 3/14/2013 029117 PORT OF EDMONDS 03870 CITY STORMWATER RENT TO POF CITY STORMWATER RENT TO POF 001.000.64.576.80.47.00 2,326.58 03870 CITY STORMWATER RENT TO POF CITY STORMWATER RENT TO POF 001.000.64.576.80.47.00 3,006.99 Total : 5,333.57 201058 3/14/2013 064088 PROTECTION ONE 2010551 ALARM MONITORING MEADOWDAI ALARM MONITORING CLUBHOUSE 001.000.66.518.30.42.00 102.00 31146525 ALARM MONITORING CITY HALL ALARM MONITORING CITY HALL 1, 001.000.66.518.30.42.00 41.73 Total : 143.73 201059 3/14/2013 074342 PROTHMAN COMPANY 2013-3800 Interim Finance Director billing Interim Finance Director billing 001.000.31.514.20.41.00 6,359.22 Total : 6,359.22 201060 3/14/2013 071911 PROTZ, MARGARET PROTZ 16428 FELDENKRAIS 16428 Page: 27 Packet Page 38 of 267 vchlist Voucher List Page: 28 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201060 3/14/2013 071911 PROTZ, MARGARET (Continued) FELDENKRAIS 16428 001.000.64.575.54.41.00 105.00 Total : 105.00 201061 3/14/2013 046900 PUGET SOUND ENERGY 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 Total : 35.42 201062 3/14/2013 070809 PUGET SOUND EXECUTIVE 13-113 COURT SECURITY COURT SECURITY 001.000.23.512.50.41.00 1,485.00 13-167 COURT SECURITY COURT SECURITY 001.000.23.512.50.41.00 1,285.63 Total : 2,770.63 201063 3/14/2013 030780 QUIRING MONUMENTS INC 00000134050 INSCRIPTION AKSLEN INSCRIPTION AKSLEN 130.000.64.536.20.34.00 329.00 00000134051 INSCRIPTION THOMAS INSCRIPTION THOMAS 130.000.64.536.20.34.00 90.00 00000134052 INSCRIPTION FLATHERS INSCRIPTION FLATHERS 130.000.64.536.20.34.00 90.00 00000134053 INSCRIPTION FOSTER INSCRIPTION FOSTER 130.000.64.536.20.34.00 90.00 Total : 599.00 201064 3/14/2013 006841 RICOH USA INC 5025300632 Meter charges for Large copier for 9.5% Sales Tax 001.000.62.524.10.45.00 3.82 Meter charges for Large copier for Page: 28 Packet Page 39 of 267 vchlist Voucher List Page: 29 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201064 3/14/2013 006841 RICOH USA INC (Continued) 001.000.62.524.10.45.00 40.16 5025300633 Meter charges on Engineering MPC6( Meter charges on Engineering MPC6( 001.000.62.524.10.45.00 90.46 9.5% Sales Tax 001.000.62.524.10.45.00 8.60 Total : 143.04 201065 3/14/2013 070042 RICOH USA INC 88625416 Rent on reception copier/printer Rent on reception copier/printer 001.000.62.524.10.45.00 30.66 88666622 Rent on Engineering MPC6000 for bill Rent on Engineering MPC6000 for bill 001.000.62.524.10.45.00 443.48 88666626 Rent on Large copier R907EX for billh Rent on Large copier R907EX for billh 001.000.62.524.10.45.00 827.00 Total : 1,301.14 201066 3/14/2013 069062 RONGERUDE, JOHN 7873 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.39.512.52.41.00 1,000.00 Total : 1,000.00 201067 3/14/2013 071467 S MORRIS COMPANY FEB 2013 INVOICE 02/28/13 ACCT#70014 - EE #117869 5NPC 02/11/2013 001.000.41.521.70.41.00 56.60 #120195 2NPC 02/25/2013 001.000.41.521.70.41.00 22.64 Total : 79.24 201068 3/14/2013 033500 SAHLBERG EQUIPMENT INC 52322 Storm - 6' Replacement Chains Storm - 6' Replacement Chains 422.000.72.531.40.31.00 98.00 Freight Page: 29 Packet Page 40 of 267 vchlist Voucher List Page: 30 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201068 3/14/2013 033500 SAHLBERG EQUIPMENT INC (Continued) 422.000.72.531.40.31.00 23.50 9.5% Sales Tax 422.000.72, 531.40.31.00 11.54 Total : 133.04 201069 3/14/2013 033550 SALMON BAY SAND & GRAVEL 2316369 Roadway - Cement Roadway - Cement 111.000.68.542.31.31.00 969.72 9.5% Sales Tax 111.000.68.542.31.31.00 92.12 Total : 1,061.84 201070 3/14/2013 037375 SNO CO PUD NO 1 2005-9488-5 TRAFFIC LIGHT 22400 76TH AVE W TRAFFIC LIGHT 22400 76TH AVE W 111.000.68.542.64.47.00 77.01 2011-5142-0 PEDEST CAUTION LIGHT 21506 84- PEDEST CAUTION LIGHT 21506 84- 111.000.68.542.64.47.00 32.20 2011-8789-5 TRAFFIC LIGHT 21132 76TH AVE W TRAFFIC LIGHT 21132 76TH AVE W 111.000.68.542.64.47.00 34.34 2015-0127-7 LIFT STATION #14 7905 1/2 211TH f LIFT STATION #14 7905 1/2 211TH f 423.000.75.535.80.47.10 31.16 2021-9128-4 PEDEST CAUTION LIGHT 7801 212- PEDEST CAUTION LIGHT 7801 212- 111.000.68.542.68.47.00 31.16 2023-5673-9 TRAFFIC LIGHT 21530 76TH AVE W TRAFFIC LIGHT 21530 76TH AVE W 111.000.68.542.64.47.00 40.42 Total : 246.29 201071 3/14/2013 037375 SNO CO PUD NO 1 200650851 CITY PARK RESTROOMS CITY PARK RESTROOMS 001.000.64.576.80.47.00 62.05 Page: 30 Packet Page 41 of 267 vchlist Voucher List Page: 31 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201071 3/14/2013 037375 SNO CO PUD NO 1 (Continued) 200651644 PARK & MAINTENANCE SHOP PARK & MAINTENANCE SHOP 001.000.64.576.80.47.00 1,697.72 200869246 PLAYFIELD BLEACHERS PLAYFIELD BLEACHERS 001.000.64.576.80.47.00 266.34 202114484 CITY PARK SOUTH RESTROOMS & CITY PARK SOUTH RESTROOMS & 001.000.64.576.80.47.00 402.01 Total : 2,428.12 201072 3/14/2013 063941 SNO CO SHERIFFS OFFICE 2013-1507 CREDIT ON INVOICE #2013-1507 El CR 24 HOUSING @ $65.94 FOR 1/1: 001.000.41.523.60.51.00 -1,582.56 CR 19 WORK RELEASE @ $44.31 2, 001.000.41.523.60.51.00 -841.89 2013-1507 INV#2013-1507 - EDMONDS PD FEB BOOKINGS - 54 @ $94.95 001.000.41.523.60.51.00 5,127.30 FEB HOUSING - 412.33 @ $65.94 001.000.41.523.60.51.00 27,189.04 WORK RELEASE - 19 @ $44.31 001.000.41.523.60.51.00 841.89 Total : 30,733.78 201073 3/14/2013 006630 SNOHOMISH COUNTY 1000324316 FEBRUARY SERVICE CHARGES FEBRUARY SERVICE CHARGES 001.000.64.576.80.47.00 486.00 Total : 486.00 201074 3/14/2013 070167 SNOHOMISH COUNTY TREASURER February 2013 Crime Victims Court Remittance Crime Victims Court Remittance 001.000.237.140 783.73 Total : 783.73 Page: 31 Packet Page 42 of 267 vchlist Voucher List Page: 32 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201075 3/14/2013 038410 SOUND SAFETY PRODUCTS 2499031-01 WWTP SEBERS 2013 UNIFORM WWTP SEBERS 2013 UNIFORM 423.000.76.535.80.24.00 216.25 9.5% Sales Tax 423.000.76.535.80.24.00 19.90 4212020-0001-04 WWTP SLENKER 2013 UNIFORM WWTP SLENKER 2013 UNIFORM 423.000.76.535.80.24.00 126.85 9.5% Sales Tax 423.000.76.535.80.24.00 12.05 4212654-01 WWTP NORDQUIST 2013 UNIFORM WWTP NORDQUIST 2013 UNIFORM 423.000.76.535.80.24.00 153.15 9.5% Sales Tax 423.000.76.535.80.24.00 14.55 4212656-01 WWTP NORDQUIST 2013 UNIFORM WWTP NORDQUIST 2013 UNIFORM 423.000.76.535.80.24.00 77.95 9.5% Sales Tax 423.000.76.535.80.24.00 7.41 4212845-0001-04 WWTP VAN PELT 2013 UNIFORM WWTP VAN PELT 2013 UNIFORM 423.000.76.535.80.24.00 240.93 9.5% Sales Tax 423.000.76.535.80.24.00 24.07 421-2878-01 WWTP OLIVER 2013 UNIFORM WWTP OLIVER 2013 UNIFORM 423.000.76.535.80.24.00 219.27 9.5% Sales Tax 423.000.76.535.80.24.00 20.83 4213423-01 WWTP DUENAS 2013 UNIFORM WWTP DUENAS 2013 UNIFORM 423.000.76.535.80.24.00 96.34 9.5% Sales Tax 423.000.76.535.80.24.00 9.15 Page: 32 Packet Page 43 of 267 vchlist Voucher List Page: 33 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201075 3/14/2013 038410 038410 SOUND SAFETY PRODUCTS (Continued) Total : 1,238.70 201076 3/14/2013 038410 SOUND SAFETY PRODUCTS 2497884-01 Street- Work Jacket - B Sanders Street- Work Jacket - B Sanders 111.000.68.542.90.24.00 80.00 9.2% Sales Tax 111.000.68.542.90.24.00 7.36 2497999-01 Storm - Work Jacket - B Clemens Storm - Work Jacket - B Clemens 422.000.72.531.90.24.00 80.00 9.2% Sales Tax 422.000.72.531.90.24.00 7.36 2498000-01 Storm - T Shirts (4) - M Johnson Storm - T Shirts (4) - M Johnson 422.000.72.531.90.24.00 60.00 9.2% Sales Tax 422.000.72.531.90.24.00 5.52 2498963-01 Sewer - Work Jeans (5) D Leder Sewer - Work Jeans (5) D Leder 423.000.75.535.80.24.00 203.25 9.2% Sales Tax 423.000.75.535.80.24.00 18.70 4212204-01 Storm - Work Jeans (5) - K Harris Storm - Work Jeans (5) - K Harris 422.000.72.531.90.24.00 210.45 9.5% Sales Tax 422.000.72.531.90.24.00 19.99 4212728-01 Sewer - Work Jeans (5) D Crawford Sewer - Work Jeans (5) D Crawford 423.000.75.535.80.24.00 225.65 9.5% Sales Tax 423.000.75.535.80.24.00 21.44 4213255-01 Water - Work Jeans (5) R Shore Water - Work Jeans (5) R Shore 421.000.74.534.80.24.00 216.25 9.5% Sales Tax Page: 33 Packet Page 44 of 267 vchlist Voucher List Page: 34 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201076 3/14/2013 038410 SOUND SAFETY PRODUCTS (Continued) 421.000.74.534.80.24.00 20.54 4213311-01 Street - Work Clothes - P Johnson Street - Work Clothes - P Johnson 111.000.68.542.90.24.00 126.00 9.5% Sales Tax 111.000.68.542.90.24.00 11.97 4213707-01 Street - Work Jacket - K Harris Street - Work Jacket - K Harris 111.000.68.542.90.24.00 80.00 9.5% Sales Tax 111.000.68.542.90.24.00 7.60 4213916-01 Sewer - Work Jeans (5) S Long Sewer - Work Jeans (5) S Long 423.000.75.535.80.24.00 213.25 9.5% Sales Tax 423.000.75.535.80.24.00 20.26 4214151-01 Water - Work Boots Water - Work Boots 421.000.74.534.80.31.00 152.50 9.5% Sales Tax 421.000.74.534.80.31.00 14.49 Total : 1,802.58 201077 3/14/2013 071585 STERICYCLE INC 3002183951 INV#3002183951 CUST#6076358 EE MINIMUM MONTHLY CHARGE 001.000.41.521.80.41.00 10.00 9.5% Sales Tax 001.000.41.521.80.41.00 0.36 Total : 10.36 201078 3/14/2013 040430 STONEWAY ELECTRIC SUPPLY S100443041.001 Fac Maint - Lighting Supplies Fac Maint - Lighting Supplies 001.000.66.518.30.31.00 52.11 9.5% Sales Tax 001.000.66.518.30.31.00 4.95 Page: 34 Packet Page 45 of 267 vchlist Voucher List Page: 35 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201078 3/14/2013 040430 040430 STONEWAY ELECTRIC SUPPLY (Continued) Total : 57.06 201079 3/14/2013 072562 STUD1O3MUSIC LLC STUD1O3MUSIC 16657 PRINCESS PARTY 16657 PRINCESS PARTY 16657 001.000.64.571.22.41.00 176.00 Total : 176.00 201080 3/14/2013 065578 SYSTEMS INTERFACE INC 14364 Sewer L S 6 - Gas Detector Sewer L S 6 - Gas Detector 423.000.75.535.80.41.00 220.00 14365 Seaview Reservoir - Communication Seaview Reservoir - Communication 421.000.74.534.80.41.00 967.00 Total : 1,187.00 201081 3/14/2013 009350 THE DAILY HERALD COMPANY 1812234 NEWSPAPER ADS Ordinance 3912 001.000.25.514.30.44.00 25.80 1812315 NEWSPAPER AD Ord. 3913 001.000.25.514.30.44.00 25.80 Total : 51.60 201082 3/14/2013 009350 THE DAILY HERALD COMPANY 1812007 Ardsley/PLN20130004 legal notices. Ardsley/PLN20130004 legal notices. 001.000.62.558.60.44.00 53.32 Total : 53.32 201083 3/14/2013 027269 THE PART WORKS INC 354255 Sr Center - Lavatory Faucet Sr Center - Lavatory Faucet 001.000.66.518.30.31.00 132.85 Freight 001.000.66.518.30.31.00 10.25 9.5% Sales Tax 001.000.66.518.30.31.00 13.60 Total : 156.70 Page: 35 Packet Page 46 of 267 vchlist Voucher List Page: 36 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201084 3/14/2013 066056 THE SEATTLE TIMES 2-28-13 Parks Maintenance Worker Ad Parks Maintenance Worker Ad 001.000.22.518.10.44.00 150.00 Aquatic Manager Job Posting ad 001.000.22.518.10.44.00 150.00 Mechani job posting ad 001.000.22.518.10.44.00 150.00 Total : 450.00 201085 3/14/2013 038315 THYSSENKRUPP ELEVATOR US54073 ELEVATOR MAINTENANCE SENIOF ELEVATOR MAINTENANCE SENIOF 001.000.66.518.30.48.00 178.00 001.000.66.518.30.48.00 16.91 US54537 ELEVATOR PHONE MONITORING C ELEVATOR PHONE MONITORING C 001.000.66.518.30.48.00 48.13 US54628 ELEVATOR PHONE MONITORING ELEVATOR PHONE MONITORING 001.000.66.518.30.48.00 14.48 Total : 257.52 201086 3/14/2013 062693 US BANK #7914 CREDIT CR INV#7914 03/06/13 REFUND UNDEF RFUND BOOTS UNDER WARRANT' 001.000.41.521.71.24.00 -175.80 2519 INV#2519 03062013 TRAINING - EDI 2013 WAPRO MEMBERSHIP - MAR! 001.000.41.521.11.49.00 25.00 3181 INV#3181 03/06/13 - BARD - EDMON MINDFLASH-MO FEE FOR ONLINE- 001.000.41.521.40.49.00 179.10 LODGING DEP. - WA HOME. -SMITH 001.000.41.521.40.43.00 77.00 LODGING DEP. -WA HOME -FRAUS 001.000.41.521.40.43.00 77.00 LODGING DEP.-WA HOME-MCINTY Page: 36 Packet Page 47 of 267 vchlist Voucher List Page: 37 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 201086 3/14/2013 062693 US BANK Invoice PO # Description/Account Amount (Continued) 001.000.41.521.40.43.00 77.00 CANON POWER SHOT CAMERAS 001.000.41.521.22.35.00 173.02 TLO SEARCHES 02/2013 001.000.41.521.21.41.00 6.50 3520 INV#3520 03/06/13 - TRAINING - ED REG. NAMOA - FALK 001.000.41.521.40.49.00 150.00 REG. NAMOA - HARBINSON 001.000.41.521.40.49.00 150.00 REG. NAMOA - ROTH 001.000.41.521.40.49.00 150.00 FEDEX CHG #13-0524 001.000.41.521.10.42.00 12.96 FEDEX CHG #12-3682 001.000.41.521.10.42.00 12.96 FEDEX CHG #13-0311, 0454, 0699 001.000.41.521.10.42.00 9.75 FEDEX CHG #13-0697, 0499 001.000.41.521.10.42.00 9.75 7914 INV#7914 03/06/13 - THOMPSON -E HOLSTER & HANDCUFF POUCH 001.000.41.521.21.35.00 45.51 HOOVER VACUUM 001.000.41.521.80.35.00 235.92 WHIRLPOOL HEPA FILTER 001.000.41.521.11.35.00 106.23 WHIRLPOOL AIR PURIFIER 001.000.41.521.11.35.00 354.39 VACUUM BAGS 001.000.41.521.80.35.00 12.59 CARBON FILTERS FOR PURIFIER 001.000.41.521.11.35.00 31.95 Total : 1,720.83 Page: 37 Packet Page 48 of 267 vchlist Voucher List Page: 38 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201087 3/14/2013 062693 US BANK 0536 EXCEL MANUALS FOR R CONE Amazon.com - Excel 2010 Bible & Thi 001.000.31.514.23.49.00 80.16 2143 HP COMPUTERS,SERVER ADAPTE ACYBA SARL - website newsletter 001.000.31.518.88.48.00 77.43 TK TEK LLC - JG Premium M01 web 001.000.31.518.88.31.00 59.99 HP Direct - 001.000.31.518.88.35.00 10,955.49 The Office Dealer - Dymo lables 1695 001.000.31.518.88.31.00 44.25 Orange Computers - HP NC364T Quz 001.000.31.518.88.48.00 417.99 NewEgg.com - Encore ENLGA-1320 1 001.000.31.518.88.48.00 17.98 Walmart - Cell phone case for B Tuley 001.000.31.518.88.49.00 21.86 SystemTools Software - Hyena Enters 001.000.31.518.88.49.00 402.00 Provantage LLC - AMPZ01V APC Syr 001.000.31.518.88.48.00 429.20 2672 IPAD, ROUTER, HARD DRIVES, HP Walmart - 5 port Gigabit Ethernet 001.000.31.518.88.35.00 250.68 Best Buy - Western Digital 1 Tb My 001.000.31.518.88.35.00 563.80 N extWa rehouse. com - 1348267 D-Lin 001.000.31.518.88.35.00 132.01 Best Buy - iPad for P Williams 001.000.65.519.91.31.00 137.97 Best Buy - iPad for P Williams 421.000.74.534.80.31.00 137.97 Best Buy - iPad for P Williams 422.000.72.531.40.31.00 137.97 Page: 38 Packet Page 49 of 267 vchlist Voucher List Page: 39 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor 201087 3/14/2013 062693 US BANK Invoice PO # Description/Account Amount (Continued) Best Buy - iPad for P Williams 423.000.75.535.80.31.00 137.97 Best Buy - iPad for P Williams 423.000.76.535.80.31.00 137.96 Best Buy 9 - iPad mini for IS testing 001.000.31.518.88.35.00 733.61 JCD Repair - Apple iPhone 4AS Scre 001.000.31.518.88.49.00 86.50 Best Buy - Panasonic HC-V10P-K Op 001.000.23.512.50.49.00 167.53 HP - P4540sU5321 MQX500NXC04Y� 001.000.31.518.88.35.00 748.98 2672 BEST BUY WIRELESS ROUTER RE Best Buy - N600 Wireless Dual Band 001.000.31.518.88.35.00 -76.64 3470 DOMAIN NAME REG, UPS SHIPPIN, Bulkregister.com - Domain name 001.000.31.518.88.49.00 13.95 RadioShack - RCA to BNC adapters 001.000.31.518.88.64.00 84.22 The Home Depot - Network cable for 001.000.31.518.88.31.00 188.34 RadioShack - various audio/video cab 001.000.31.518.88.64.00 71.65 Apple iTunes - iAnnotate PDF app for 001.000.31.514.23.31.00 10.94 BulkRegister.com - Domain name 001.000.31.518.88.49.00 27.90 Apple iTunes - iAnnotate PDF app for 001.000.31.518.88.31.00 10.94 Apple iTunes - Numbers app for B Tul 001.000.31.518.88.31.00 10.94 Apple iTunes - Pages app for B Tuley 001.000.31.518.88.31.00 10.94 Page: 39 Packet Page 50 of 267 vchlist Voucher List Page: 40 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201087 3/14/2013 062693 US BANK (Continued) BulkRegister.com - Domain name 001.000.31.518.88.49.00 13.95 UPS - Freight charges for Precision 001.000.31.514.23.42.00 35.99 5855 GFOA SEMINARS, WFOA WEBINAF Government Finance Officers Associe 001.000.31.514.23.49.00 1,282.50 Washington Finance Officers Assocat 001.000.31.514.23.49.00 100.00 Total : 17,664.92 201088 3/14/2013 062693 US BANK 3686 AWC LEGISLATIVE CONFERENCE February Mayor's luncheon 001.000.21.513.10.43.00 13.00 Hotel for AWC Legislative Convention 001.000.21.513.10.43.00 258.36 Total : 271.36 201089 3/14/2013 062693 US BANK 3439 Verizon - Water - IPad Charger Adapt Verizon - Water - IPad Charger Adapt 421.000.74.534.80.31.00 12.31 Verizon - Water - IPad Charger Adapt 423.000.75.535.80.31.00 12.31 Home Depot - Water - Parts for Desk 421.000.74.534.80.31.00 10.42 Home Depot - Water - Parts for Desk 423.000.75.535.80.31.00 10.41 3546 Best Buy - Front Desk Keyboard Best Buy - Front Desk Keyboard 001.000.65.519.91.31.00 65.69 Amazon - Front Desk Mouse 001.000.65.519.91.31.00 49.15 Office Depot - Sewer - New Camera 423.000.75.535.80.31.00 167.43 Fred Meyer - PW Front Corridor Page: 40 Packet Page 51 of 267 vchlist Voucher List Page: 41 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201089 3/14/2013 062693 US BANK (Continued) 001.000.65.519.91.31.00 234.83 Amazon - PW Front Desk - USB Pow 001.000.65.519.91.31.00 58.01 Amazon - PW Front Desk - Apple 001.000.65.519.91.31.00 28.47 Total : 649.03 201090 3/14/2013 062693 US BANK 4675 PARKS AND REC MONTHLY CC PA DADDY DAUGHTER DANCE SUPPL 001.000.64, 571.22.31.00 21.91 APPLES FOR DADDY DAUGHTER 1 001.000.64.571.22.31.00 9.78 DADDY DAUGHTER DANCE SUPPL 001.000.64.571.22.31.00 53.69 SPEAKERS FOR DISCOVERY PRO( 001.000.64.574.35.31.00 30.65 WRPA SPOTLIGHT AWARDS 001.000.64.571.21.49.00 70.00 CONSTANT CONTACT RENEWAL 123.000.64.573.20.41.00 446.76 FLOWER AND GARDEN SHOW TICI 001.000.64.576.80.49.00 118.93 WRPA TRAINING ROCKNE 001.000.64.576.80.49.00 300.00 WRPA TRAINING TIMBROOK 001.000.64.576.80.49.00 300.00 MEETING/TRAINING TABLES 001.000.64.571.22.31.00 804.60 BIKE PEDAL STRAPS FOR WEIGHT 001.000.64.575.54.31.00 10.93 MONITOR FOR LOBBY AND USB 001.000.64.571.22.31.00 563.90 TV BRACKETS FOR LOBBY MONIT, 001.000.64.571.22.31.00 27.99 Page: 41 Packet Page 52 of 267 vchlist Voucher List Page: 42 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201090 3/14/2013 062693 US BANK (Continued) PRESCHOOL LESSON PLAN AND k 001.000.64.575.55.31.00 215.00 DADDY DAUGHTER DANCE, SAND 001.000.64.571.22.31.00 9.86 PARKS MAINT. USB 001.000.64.576.80.31.00 74.75 NATURE WATCH -DISCOVERY 001.000.64.574.35.31.00 13.95 EGG HUNT PRIZES 001.000.64.571.22.31.00 116.95 ROCK COLLECTION -DISCOVERY 001.000.64.574.35.31.00 31.84 EGG HUNT CANDY 001.000.64.571.22.31.00 40.00 SHAWGUIDE RENEWAL 123.000.64.573.20.44.00 500.00 PRESCHOOL SUPPLIES 001.000.64, 575.56.31.00 13.24 PRESCHOOL SUPPLIES, BUTCHEF 001.000.64.575.56.31.00 68.54 WHITE LUNCH BAGS FOR PRESCh 001.000.64.575.56.31.00 12.80 6254 DIRECTOR'S CC PARKING LOBBY DAY 001.000.64.571.22.43.00 12.00 SUPPLIES DIRECTOR 001.000.64.571.22.31.00 120.43 Total : 3,988.50 201091 3/14/2013 062693 US BANK 03/06/13 1 SanDisk Extreme Flash Drive for Rc 1 SanDisk Extreme Flash Drive for Rc 001.000.62.524.10.31.00 71.44 Mike Thies WABO Class "Legal Aspe 001.000.62.524.10.49.00 150.00 Page: 42 Packet Page 53 of 267 vchlist Voucher List Page: 43 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201091 3/14/2013 062693 US BANK (Continued) WABO, Accessability Update & IMC 8 001.000.62.524.20.49.00 1,200.00 Total : 1,421.44 201092 3/14/2013 062693 US BANK 3447 CRAIGSLIST ADS IN FEB & MAR Visa billing - Craigslist ads in Feb & 001.000.22.518.10.44.00 150.00 Total : 150.00 201093 3/14/2013 044960 UTILITIES UNDERGROUND LOC CTR 3020117 utility locates February 2013 utility locates February 2013 421.000.74.534.80.41.00 63.28 utility locates February 2013 423.000.75.535.80.41.00 63.28 utility locates February 2013 422.000.72.531.90.41.00 65.21 Total : 191.77 201094 3/14/2013 074125 WA STATE UNIV ENERGY PROGRAM 13-0517 PLANT SUPPORT OPERATIONS ME PLANT SUPPORT OPERATIONS ME 421.000.74.534.80.41.00 500.00 PLANT SUPPORT OPERATIONS ME 422.000.72.531.40.41.00 500.00 PLANT SUPPORT OPERATIONS ME 423.000.75.535.80.41.00 500.00 PLANT SUPPORT OPERATIONS ME 001.000.66.518.30.49.00 500.00 Total : 2,000.00 201095 3/14/2013 065035 WASHINGTON STATE PATROL I13006632 INV#I13006632 EDM301 - EDMOND! BACKGROUND CHECKS FEB 2013 001.000.237.100 495.00 Total : 495.00 201096 3/14/2013 064800 WEHOP 464471 FLOWER PROGRAM Page: 43 Packet Page 54 of 267 vchlist Voucher List Page: 44 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201096 3/14/2013 064800 WEHOP (Continued) FLOWER PROGRAM 125.000.64.576.80.31.00 684.79 Freight 125.000.64.576.80.31.00 175.00 9.5% Sales Tax 125.000.64.576.80.31.00 81.68 464476 FLOWER PROGRAM FLOWER PROGRAM 125.000.64.576.80.31.00 1,839.18 Freight 125.000.64.576.80.31.00 574.00 9.5% Sales Tax 125.000.64.576.80.31.00 229.25 464478 FLOWER PROGRAM FLOWER PROGRAM 125.000.64.576.80.31.00 380.78 Freight 125.000.64.576.80.31.00 105.00 9.5% Sales Tax 125.000.64.576.80.31.00 46.15 Total : 4,115.83 201097 3/14/2013 049208 WESTERN EQUIP DIST INC 718324 REPAIRS TORO GM 325 REPAIRS TORO GM 325 001.000.64.576.80.48.00 2,588.08 9.5% Sales Tax 001.000.64.576.80.48.00 245.87 Total : 2,833.95 201098 3/14/2013 068270 WETHERHOLT & ASSOCIATES PS 36949 WWTP BUILDING ROOF REPLACEI\ WWTP BUILDING ROOF REPLACEI\ 423.100.76.594.39.65.10 844.70 Total : 844.70 201099 3/14/2013 072634 WHISTLE WORKWEAR 68499 WWTP SLENKER RAINGEAR Page: 44 Packet Page 55 of 267 vchlist Voucher List Page: 45 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201099 3/14/2013 072634 WHISTLE WORKWEAR (Continued) WWTP SLENKER RAINGEAR 423.000.76.535.80.31.00 233.98 9.5% Sales Tax 423.000.76.535.80.31.00 21.53 68500 WWTP SLENKER 2013 UNIFORM WWTP SLENKER 2013 UNIFORM 423.000.76.535.80.24.00 104.37 9.5% Sales Tax 423.000.76.535.80.24.00 9.60 68507 WWTP VAUGHAN 2013 UNIFORM WWTP VAUGHAN 2013 UNIFORM 423.000.76.535.80.24.00 215.36 9.5% Sales Tax 423.000.76.535.80.24.00 22.57 68508 WWTP KRESTEL 2013 BOOT WWTP KRESTEL 2013 BOOT 423.000.76.535.80.24.00 152.98 9.5% Sales Tax 423.000.76.535.80.24.00 14.07 68509 WWTP KRESTEL 2013 UNIFORM WWTP KRESTEL 2013 UNIFORM 423.000.76.535.80.24.00 242.48 9.5% Sales Tax 423.000.76.535.80.24.00 22.52 68547 WWTP VAUGHAN 2013 BOOT WWTP VAUGHAN 2013 BOOT 423.000.76.535.80.24.00 143.99 9.5% Sales Tax 423.000.76.535.80.24.00 13.25 68566 WWTP LEIN 2013 UNIFORM WWTP LEIN 2013 UNIFORM 423.000.76.535.80.24.00 241.96 9.5% Sales Tax 423.000.76.535.80.24.00 22.26 Page: 45 Packet Page 56 of 267 vchlist Voucher List Page: 46 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201099 3/14/2013 072634 WHISTLE WORKWEAR (Continued) 68665 WWTP 2013 DUENAS UNIFORM WWTP 2013 DUENAS UNIFORM 423.000.76.535.80.24.00 214.17 9.5% Sales Tax 423.000.76.535.80.24.00 19.70 68769 WWTP DUENES 2013 BOOT WWTP DUENES 2013 BOOT 423.000.76.535.80.24.00 169.44 9.5% Sales Tax 423.000.76.535.80.24.00 16.56 6929 WWTP KORSTAD 2013 UNIFORM WWTP KORSTAD 2013 UNIFORM 423.000.76.535.80.24.00 242.79 9.5% Sales Tax 423.000.76.535.80.24.00 22.21 6930 WWTP KORSTAD 2013 BOOT WWTP KORSTAD 2013 BOOT 423.000.76.535.80.24.00 170.99 9.5% Sales Tax 423.000.76.535.80.24.00 14.71 6963 WWTP GARCIA 2013 UNIFORM WWTP GARCIA 2013 UNIFORM 423.000.76.535.80.24.00 243.88 9.5% Sales Tax 423.000.76.535.80.24.00 21.12 Total : 2,596.49 201100 3/14/2013 072634 WHISTLE WORKWEAR E 68680 Water - Work Boots - J Daniels Water - Work Boots - J Daniels 421.000.74.534.80.24.00 152.99 9.2% Sales Tax 421.000.74.534.80.24.00 14.08 E 68681 Water - Work Jeans (5) - J Daniels Water - Work Jeans (5) - J Daniels 421.000.74.534.80.24.00 193.45 Page: 46 Packet Page 57 of 267 vchlist Voucher List Page: 47 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201100 3/14/2013 072634 WHISTLE WORKWEAR (Continued) 9.2% Sales Tax 421.000.74.534.80.24.00 17.80 Total : 378.32 201101 3/14/2013 051280 ZEP MANUFACTURING COMPANY 9000022706 Sewer - Verdiza, Supplies Sewer - Verdiza, Supplies 423.000.75.535.80.31.00 87.96 Freight 423.000.75.535.80.31.00 18.37 9.5% Sales Tax 423.000.75.535.80.31.00 10.10 Total : 116.43 201102 3/14/2013 069226 BHC CONSULTANTS LLC 4918 E2GA.SERVICES THRU 1/25/13 E2GA.Services thru 1/25/13 423.000.75.594.35.41.30 6,292.84 E2GA.Services thru 1/25/13 423.000.76.535.80.41.00 7,691.25 Total : 13,984.09 201103 3/14/2013 074321 HOWARD, PERRI 002 E7AA.PERRI HOWARD ART WORK E7AA.Perri Howard Art Work 112.200.68.595.33.41.00 1,400.00 Total : 1,400.00 201104 3/14/2013 017135 LANDAU ASSOCIATES INC 31085 E1 GA.TASK ORDER 12-01 THRU 2/: E1 GA.Task Order 12-01 thru 2/2/13 423.000.75.594.35.41.30 1,692.75 Total : 1,692.75 201105 3/14/2013 070115 SHANNON & WILSON INC 88104 E21FC.SERVICES THRU 2/16/13 E2FC.Services thru 2/16/13 422.000.72.594.31.41.20 425.00 88105 E21FC.SERVICES THRU 2/16/13 E21FC.Services thru 2/16/13 Page: 47 Packet Page 58 of 267 vchlist Voucher List Page: 48 03/13/2013 4:19:36PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201105 3/14/2013 070115 SHANNON & WILSON INC (Continued) 422.000.72.594.31.41.20 6,806.70 88107 E2FB.SERVICES THRU 2/16/13 E2FB.Services thru 2/16/13 422.000.72.594.31.41.20 264.90 88108 E2FB.PHASE 2.SERVICES THRU 2/ E2FB.Phase 2.Services thru 2/16/13 422.000.72.594.31.41.20 4,489.00 Total : 11,985.60 201106 3/14/2013 062693 US BANK 8313 ENG CREDIT CARD.FEBRUARY 20' Eng Credit Card.February 2013. - 001.000.67.532.20.49.00 360.00 Total : 360.00 201107 3/14/2013 047455 WA ST DEPT OF TRANSPORTATION 02210CN Contract Spe LAMBERT. CONTRACT SPEC WRITI Lambert. Contract Spec Writing Class 001.000.67.532.20.49.00 75.00 02210CN.Contract Spe ZULAUF.CONTRACT SPEC WRITIN Zulauf.Contract Spec Writing Class 001.000.67.532.20.49.00 75.00 Total : 150.00 131 Vouchers for bank code : usbank Bank total : 387,760.34 131 Vouchers in this report Total vouchers : 387,760.34 Page: 48 Packet Page 59 of 267 AM-5578 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted By: Linda Hynd Department: City Clerk's Office Review Committee: Type: Action Information Committee Action: Subject Title Acknowledge receipt of a Claim for Damages from Kathleen Fisher ($596.69). Recommendation Acknowledge receipt of the Claim for Damages by minute entry. Previous Council Action N/A Narrative A Claim for Damages has been received from the following: Kathleen Fisher 20227 23rd Avenue NW Shoreline, Wa. 98177 ($596.69) Fisher Claim for Damages Inbox Mayor Finalize for Agenda Form Started By: Linda Hynd Final Approval Date: 03/15/2013 A*f nhmors+c Form Review Reviewed By Date Dave Earling 03/15/2013 08:23 AM Linda Hynd 03/15/2013 09:02 AM Started On: 03/12/2013 11:51 AM 3. C. Packet Page 60 of 267 CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Pleases take note,�hat KA 61•eI'2 who currently resides at �Z-Z� 3 mailing address home phone 6 33- 130� work phone #and who resided at eGL _ at the time of the occurrence Aland whose date of birth is 9�z�, is claiming damages against in the sum of $ �J� �1 �? - arising out of the following circumstances listed below. DATE OF OCCURRENCE: 3� S 1 20 13 r TIME: 09 : , i`) G(� LOCATION OF OCCURRENCE: GI 1 A4.4- ISWUlt-e-_ DESCRIPTION: Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. Gt1 (attach aTf extra sheet for add'tinha1 information, if needed) i"c// ry c fL V_a WI. w y �� i " 2. Efovide at of witnesse , if a plicable, to the occurrence f Inclu 'sn names, addr sses, and phon numbe s. r ►) of � 1 r-r' 1 . -a`:^1 f!r I K � rA , � rr iv.: r.�..� �.��. . V re 9111 G PPS'' r 3. Attach copies of all documentation relatin to expenses, injuries, 1p ses, and or estimates for repair. f + 4. Have you submitted a claim for damages to your insurance company? Yes >( No If so, please provide the name of the insurance company: and the policy #: _ * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY License Plate # 77'7v�Ll Driver License # ' 1 S #E KC Type Auto: !t o o G (year ! (make �+ (model) DRIVER: Gc` GX&-t #�i j6e r OWNER: Address: N C t) Address: v1rtJ2- / Phone#: _ go -S; 3 .r i; d U Phone#: _ Passengers: Name: ��tT�l -� Name: Address: Address: Form Revised 07/16/09 Page 1 of 2 Packet Page 61 of 267 * * NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED * * 1, �Y being first duly sworn, depose and say that I am the claimant for the above described; that I have read the above claim, know the contents thereof and believe the same to be true. x� x Signature of Claimant(s) State of Wnchinoton County of I certify that I know or have satisfactory evidence that SLer is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. -tt;t\u�.nnllttt�h Dated: E. 0I Sign ture Y Title �s My appointment expires: [] 3 �?4900 Please present the completed claim form to City Clerk's Office City of Edmonds 121 5th Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Form Revised 07/16/09 Packet Page 62 of 267 Page 2 of 2 AM-5602 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted For: Stephen Clifton Department: Community Services Committee: Submitted By. Stephen Clifton Type: Action Information 3. D. Subiect 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 pursuant to Ordinance No. 3295, to ZAYO Group LLC. The City of Edmonds Finance Committee reviewed and discussed this item on March 12, 2013 and recommended the full City Council approve of the assignment of the non-exclusive franchise granted to Metromedia pursuant to Ordinance No. 3295, to ZAYO Group LLC and that it be placed on the March 19, 2013 City Council consent agenda. 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 Fiber Network Services, Inc.), who currently holds a valid and existing non-exclusive franchise, under City of Edmonds Ordinance 3295 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 Packet Page 63 of 267 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. 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. Attachments Metromedia Fiber Network Services, Inc. Franchise Request for Assignment of Franchise Agreement Ordinance Granting Assignment of Non-Exlusive Metromedia Franchise to ZAYO Group LLC Inbox City Clerk Mayor Finalize for Agenda Form Review Reviewed By Date Sandy Chase 03/14/2013 02:53 PM Dave Earling 03/15/2013 08:23 AM Linda Hynd 03/15/2013 09:02 AM Packet Page 64 of 267 Form Started By: Stephen Clifton Started On: 03/14/2013 02:34 PM Final Approval Date: 03/15/2013 Packet Page 65 of 267 ORDINANCE NO. 3295 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO METROMEDIA FIBER NETWORK SERVICES, INC., A NON-EXCLUSIVE FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A MULTIPLE CONDUIT FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Metromedia Fiber Network Services, Inc. has requested that the City grant it the right to install, operate, and maintain a multiple conduit fiber optic telecommunications system within the public ways of the City; and WHEREAS, the City Council has found it desirable for the welfare of the City and its residents that such a non-exclusive franchise be granted to the Franchisee; and WHEREAS, the City Council has the authority under RCW 35A.47.040 to grant franchises for the use of its streets and other public properties; and WHEREAS, the City is willing to grant the rights requested subject to certain terms and conditions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Definitions. For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. a. "Affiliate" means an entity which owns or controls, is owned or controlled by, or is under common ownership with the Franchisee. {RJM413585.DOC;3/00006.080000/900000 } Metromedia Franchise Packet Page 66 of 267 b. "City" means the City of Edmonds, Washington. C. "Communication Service" shall mean any telecommunications services, telecommunications capacity, or dark fiber, provided by the Franchisee using its Communication System or Facilities, either directly or as a carrier for its subsidiaries, Affiliates, or any other person engaged in Communication Services, including, but not limited to, the transmission of voice, data or other electronic information, facsimile reproduction, burglar alarm monitoring, meter reading and home shopping, or other subsequently developed technology that carries an electronic signal over fiber optic cable. Communication Service shall also include non -switched, dedicated and private line, high capacity fiber optic transmission services to firms, businesses or institutions within the City. However, Communications Services shall not include the provision of cable television, open video, or similar services, as defined in the Communications Act of 1934, as amended, for which a separate franchise would be required. d. "Communication System" or "Facilities" shall mean the Franchisee's multiple conduit fiber optic cable system constructed and operated within the City's Public Way, and shall include all cables, wires, conduits, ducts, pedestals, and any associated converter, equipment, or other facilities within the City's Public Way, designed and constructed for the purpose of providing Communication Service. C. "FCC" means the Federal Communications Commission, or any successor governmental entity hereto. f. "Franchise" shall mean the initial authorization, or renewal thereof, granted by the City, through this franchise Ordinance, or a subsequently adopted franchise Ordinance, which authorizes construction and operation of the Franchisee's Communication System and associated Facilities for the purpose of offering Communication Service. g. "Franchisee" means Metromedia Fiber Network Services, Inc., a Delaware corporation, or the lawful successor, transferee, or assignee thereof. h. "Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity. i. "Public Way" shall mean the surface of, and any space above or below, any public street, highway, freeway, bridge, path, alley, court, boulevard, sidewalk, parkway, lane, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, utility strips, or rights -of -way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in the Service Area, which shall entitle the City and the Franchisee the use thereof for the purpose of installing, operating, repairing, and maintaining the { RJM413585.DOC;3/00006.080000/900000 } Metromedia Franchise 2 Packet Page 67 of 267 Communication System. Public Way shall also mean any easement now or hereafter held by the City within the Service Area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights -of -way, which within their proper use and meaning entitle the City and the Franchisee to the use thereof for the purposes of installing or transmitting the Franchisee's Communication Service over wires, cable, conductors, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the Communication System. j. "Service Area" means the present municipal boundaries of the City, and shall include any additions thereto by annexation or other legal means. Section 2. Authority Granted. The City hereby grants to the Franchisee, its heirs, successors, legal representatives, and assigns, subject to the terms and conditions hereinafter set forth, the right, privilege, and authority 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 the Franchisee's Communication System, and to provide Communication Service to persons located within the City. Section 3. Construction Permits Required. A. Prior to site -specific location and installation of any portion of its communication Facilities within a Public Way, the Franchisee shall apply for and obtain a Construction Permit pursuant to ECDC Chapter 18.60. In addition to any criteria set forth in ECDC Chapter 18.60, the Development Services Director shall apply the following criteria in the issuance or denial of a Construction Permit application: 1. Whether the Franchisee has received all requisite licenses, certificates, and authorizations from applicable federal, state, and local agencies with jurisdiction over the activities proposed by the Franchisee; 2. Whether there is sufficient capacity in the Public Way to accommodate the Franchisee's proposed Facilities; 3. The capacity of the Public Ways to accommodate additional utility, cable, and telecommunications Facilities if the Construction Permit is granted; 4. The damage or disruption, if any, of public or private Facilities, improvements, service, travel or landscaping if the Construction Permit is granted; 5. The public interest in minimizing the cost and disruption of construction within the Public Ways; and { RJM413585. DOC;3/00006.080000/900000 } Metromedia Franchise 3 Packet Page 68 of 267 6. The availability of alternate routes and/or locations for the proposed Facilities. B. Unless otherwise provided in said Permit, the Franchisee shall give the City at least 48 hours notice of the Franchisee's intent to commence work in the Public Ways. The Franchisee shall file plans or maps with the City showing the proposed location of its communication Facilities and pay all duly established permit and inspection fees associated with the processing of the permit. In no case shall any work commence within any Public Way without said Permit, except as otherwise provided in this Franchise. Section 4. Grant Limited to Occupation. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Public Ways of the City to the Franchisee, nor shall anything contained herein constitute a warranty of title. Section 5. Term of Franchise. The first term of this Franchise shall be for a period of five (5) years from the date of acceptance as set forth in Section 32, unless sooner terminated. This Franchise shall automatically renew for two (2) additional five (5) year terms. Provided, however, that either party may notify the other of its desire to renegotiate any of the terms set forth herein or of its desire to add to or delete any such terms not later than 180 days prior to expiration of the initial term hereof or any subsequent renewal terms. If either party makes such a request, this Franchise shall not renew unless and until the City and Franchisee reach agreement on said modification, addition, and/or deletion, and said agreement is approved by ordinance of the City Council. In the event that agreement cannot be reached, this Franchise shall terminate at the end of the then current term. Nothing in this Section prevents the parties from reaching agreement on renewal earlier than the time periods indicated. Section 6. Non -Exclusive Grant. This Franchise shall not in any manner prevent the City from entering into other similar agreements or granting other or further franchises in, under, on, across, over, through, along or below any of said Public Ways of the City. However, the City shall not permit any such future franchisee to physically interfere with the Franchisee's communication Facilities. In the event that such physical interference or disruption occurs, the Development Services Director may assist the Franchisee and such subsequent franchisee in resolving the dispute. Further, this Franchise shall in no way prevent or prohibit the City from using any of its Public Ways or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of the same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Public Ways, all in compliance with this Franchise. Section 7. Relocation of Communication System. A. The Franchisee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate, or remove from any Public Way any portion of its {RJM413585.DOC;3/00006.080000/9000001 Metromedia Franchise 4 Packet Page 69 of 267 communication Facilities when so required by the Development Services Director by reason of traffic conditions, public safety, dedications of new Public Ways and the establishment and improvement thereof, widening and improvement of existing Public Ways, street vacations, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity; provided that the Franchisee shall in all cases have the privilege to temporarily bypass, in the authorized portion of the same public way upon approval by the Development Services Director, any section of cable or any other facility required to be temporarily disconnected or removed. Upon the reasonable request of the Development Services Director and in order to facilitate the design of City street and right-of-way improvements, the Franchisee agrees to, at its sole cost and expense, locate, and if reasonably determined necessary by the City, to excavate and expose portions of its communication Facilities for inspection so that the location of same may be taken into account in the improvement design, PROVIDED that, Franchisee shall not be required to excavate and expose it's Facilities unless the Franchisee's as -built plans and maps of it's Facilities submitted pursuant to Section 9 of this Franchise are reasonably determined by the Development Services Director to be inadequate for purposes of this paragraph. The decision to relocate said Facilities in order to accommodate the City's improvements shall be made by the Development Services Director upon review of the location and construction of the Franchisee's Facilities. If the Development Services Director determines that the project necessitates the relocation of the Franchisee's then existing Facilities, the City shall: 1. Within a reasonable time, which shall be no less than 30 days, prior to the commencement of such improvement project, provide the Franchisee with written notice requiring such relocation. Provided, however, that in the event an emergency posing a threat to public safety, health or welfare, or in the event of an emergency beyond the control of the City and which will result in severe financial consequences to the City, the City shall give the Franchisee written notice as soon as practicable; and 2. Provide the Franchisee with copies of information for such improvement project and a proposed location for the Franchisee's Facilities so that the Franchisee may relocate its Facilities in other Public Ways in order to accommodate such improvement project. 3. The Franchisee shall complete relocation of its Facilities at no charge or expense to the City so as to accommodate the improvement project at least 10 days prior to commencement of the project. In the event of an emergency as described herein, the Franchisee shall relocate its Facilities within the time period specified by the Development Services Director. {RJM413585. DOC;3/00006.080000/900000 } Metromedia Franchise 5 Packet Page 70 of 267 The Franchisee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise the Franchisee in writing if one or more of the alternatives is suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If so requested by the City, the Franchisee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by the Franchisee full and fair consideration, within a reasonable time, so as to allow for the relocation work to be performed in a timely manner. In the event the City ultimately determines that there is no other reasonable alternative, the Franchisee shall relocate its Facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict the Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the Facilities to be constructed by said person or entity are not or will not become City -owned, operated or maintained Facilities; provided, that such arrangements do not unduly delay a City construction project. B. The Franchisee will indemnify, hold harmless, and pay the costs of defending the City against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of the Franchisee to relocate its Facilities in a timely manner; provided, that the Franchisee shall not be responsible for damages due to delays caused by the City or circumstances beyond the control of the Franchisee. Section 8. Undergroundina of Facilities. Consistent with ECDC Chapter 18.05, all of Franchisee's facilities shall be placed under -ground. Section 9. The Franchisee's Maps and Records. After construction is complete, the Franchisee shall provide the City with accurate copies of all as -built plans and maps in a form and content prescribed by the Development Services Director. These plans and maps shall be provided at no cost to the City, and shall include hard copies and digital copies in a format specified by the Development Services Director. Section 10. Work in Public Ways. During any period of relocation, construction, or maintenance, all surface structures, if any, shall be erected and used in such places and positions within said Public Ways and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property. The Franchisee shall at all times post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the state of Washington, including RCW 39.04.180 for the construction of trench safety systems. During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Public Ways, and all work by the Franchisee in any area covered by this Franchise and as described in this Section shall be preformed in accordance with City of Edmonds Public Works Construction Standards and warranted for a period of one year. { RJM413585.DOC;3/00006.080000/900000 } Metromedia Franchise 6 Packet Page 71 of 267 If either the City or the Franchisee shall at any time after installation of the Facilities plan to make excavations in area covered by this Franchise and as described in this Section, the party planning such excavation shall afford the other, upon receipt of written request to do so, an opportunity to share such an excavation. PROVIDED THAT: A. Such joint use shall not unreasonably delay the work of the party causing the excavation to be made or unreasonably increase its costs; B. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and C. Either party may deny such request for safety reasons or if their respective uses of the trench are incompatible. The joint use provisions of this Section shall apply only to joint use by the City and the Franchisee. Nothing in this Section is intended to require the Franchisee to afford other similar users the opportunity to share the Franchisee's excavations. Section 11. Restoration after Construction. The Franchisee shall, after installation, construction, relocation, maintenance, removal, or repair of its communication Facilities within the Public Ways, restore the surface of said Public Ways and any other City -owned property that may be disturbed by the work, to at least the same condition the Public Way or City -owned property was in immediately prior to any such installation, construction, relocation, maintenance, or repair, reasonable wear and tear excepted. The Public Works Department shall have final approval of the condition of such Public Ways and City -owned property after restoration, all in accordance with the Edmonds Municipal Code and Public Works Construction standards. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored, as per WAC 332-120," as the same now exists or may hereafter be amended, and all pertinent federal, state and local standards and specifications. The Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to the Public Ways or other affected area at its sole cost and expense according to the time and terms specified in the Construction Permit issued by the City all in accordance with the applicable provisions of the Edmonds Municipal Code, as the same now exists or as it may hereafter be amended or superseded. All work and restoration by the Franchisee pursuant to this Section shall be performed in accord with City of Edmonds Public Works Construction standards and warranted for a period of one year. Section 12. Emergency Work — Permit Waiver. In the event of any emergency in which any of the Franchisee's communication Facilities located in, above, or under any Public Way break, are damaged, or if the Franchisee's construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any individual, the Franchisee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of individuals without { RJM413585. DOC;3/00006.080000/9000001 Metromedia Franchise 7 Packet Page 72 of 267 first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve the Franchisee from the requirement of notifying the City of the emergency work and obtaining any permits necessary for this purpose after the emergency work. The Franchisee shall notify the City by telephone immediately upon learning of the emergency and shall apply for all required permits not later than the second succeeding day during which the Edmonds City Hall is open for business. Section 13. Dangerous Conditions, Authority for City to Abate. Whenever construction, installation, or excavation of the communication Facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining Public Way, street, or public place, or endangers the public, street utilities, or City - owned property, the Development Services Director may reasonably require the Franchisee, at the Franchisee's own expense, to take action to protect the public, adjacent public places, City - owned property, streets, utilities, and Public Ways. Such action may include compliance within a prescribed time. In the event that the Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, utilities, Public Ways, to maintain the lateral support thereof, or actions regarded as necessary safety precautions; and the Franchisee shall be liable to the City for the reasonable costs thereof. Section 14. Recovery of Costs. The Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, the Franchisee shall reimburse the City directly for any and all reasonable costs, after receipt of an itemized bill. In addition to the above, the Franchisee shall promptly reimburse the City for any and all reasonable costs the City incurs in response to any emergency involving the Franchisee's communication Facilities, after receipt of an itemized bill. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and a reasonable overhead. All billings will be itemized as to specifically identify the costs and expenses for each project for which the City claims reimbursement. The billing may be on an annual basis, but the City shall provide the Franchise with the City's itemization of costs at the conclusion of each project for information purposes. Section 15. Consideration. Pursuant to RCW 35.21.860, the City is precluded from imposing a fee on a "telephone business" as defined in RCW 82.04.065, except for administrative expenses or any applicable tax authorized by RCW 35.21.865. This Franchise is premised upon the City and Franchisee's understanding that the activities proposed by the Franchisee constitute a {RJM413585.DOC;3/00006.080000/900000 } Metromedia Franchise 8 Packet Page 73 of 267 "telephone business." As such, the rights granted under this Franchise are not conditioned upon payment of compensation in addition to reimbursement for administrative costs as set forth in Section 14 herein, payment of the grant fee set forth in Section 16, and payment of any applicable local utility tax applicable to Franchisee's operations. The City hereby reserves its right to impose a fee on the Franchisee, to the extent authorized by law, for purposes other than to recover its administrative expenses, if the Franchisee's operations are not those of a "telephone business" as defined in RCW 82.04.065, if the Franchisee's operations are now those of a telephone business and change in the future, or if statutory prohibitions on the imposition of such fees are removed. The City also reserves its right to require that the Franchisee obtain a separate agreement for its change in use, which agreement may include provisions intended to regulate the Franchisee's operations, as allowed under applicable law. Franchisee reserves its right to contest: (i) Any and all fee(s) imposed by the City on Franchisee and, (ii) any separate agreement(s) the City requires Franchisee to obtain. Section 16. Grant Fee. As additional consideration for the right and privileges granted hereunder, the Franchisee agrees to pay, at the time of acceptance of this Franchise, a one-time grant fee of One Thousand Dollars ($1,000.00) to defray the City's legal and administrative costs and expenses associated with negotiating and approving this Franchise, provided that such expenses shall not be included in the reimbursement provisions set forth in Section 14 of this Franchise. Section 17. Indemnification and Waiver. A. 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, judgements, awards or liability to any person arising from injury, sickness, or death of any person or damage to property: 1. For which the negligent acts or omissions of Franchisee, its agents, servants, officers or employees in performing the activities authorized by this Franchise are the proximate cause; 2. By virtue of the Franchisee's exercise of the rights granted herein; 3. By virtue of the City permitting Franchisee use of the City's Public Ways or other public property; 4. Based on the City's inspection or lack of inspection of work performed by Franchisee, its agents and servants, officers or employees in connection with work authorized on the Public Ways or property over which the City has control pursuant to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise; {RJM413585. DOC;3/00006.080000/9000001 Metromedia Franchise Packet Page 74 of 267 5. Arising as a result of the negligent acts or omissions of Franchisee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work upon the Public Ways, in any Public Way, or other public place in performance of work or services permitted under this Franchise. B. The provisions of Subsection A of this Section shall apply to claims by Franchisee's own employees and the employees of the Franchisee's agents, representatives, contractors, and subcontractors to which Franchisee might otherwise be immune under Title 51 RCW. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Franchisee acknowledges that the City would not enter into this Franchise without Franchisee's waiver thereof. C. Inspection or acceptance by the City of any work performed by the Franchisee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided that Franchisee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised with Franchisee's consent prior to the culmination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim, provided that Franchisee shall not be liable for such settlement or other compromise unless it has consented thereto. D. In the event that Franchisee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this Section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to the matter), to have been a wrongful refusal on the part of the Franchisee, then Franchisee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney's fees, the reasonable costs of the City, and reasonable fees of recovering under this Subsection. E. The obligations of Franchisee under the indemnification provisions of this Section shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the City, its officers, agents, employees or contractors except to the extent that such claims, actions, damages, costs, expenses, and attorneys fees were caused by the sole negligence or any willful, malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. In the event that a court of competent jurisdiction determines that this Franchise is subject to the provisions RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. F. Notwithstanding any other provisions of this Section, Franchisee assumes the risk of damage to its communication Facilities located in the Public Ways and upon City -owned WM413585. DOC;3/00006.080000/900000 } Metromedia Franchise 10 Packet Page 75 of 267 property from such activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful, malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Franchisee's Facilities as the result of any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. 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 provide to the City, for its inspection, an insurance certificate naming the City as an additional insured as its respective interests may appear prior to the commencement of any work or installation of any Facilities pursuant to this Franchise. Such insurance certificate shall evidence: A. Comprehensive general liability insurance, written on an occurrence basis, including contractual liability coverage, with limits, inclusive of umbrella or excess liability coverage, not less than: (1) $3,000,000.00 for bodily injury or death to each person; and (2) $3,000,000.00 for property damage resulting from any one accident. B. Automobile liability for owned, non -owned and hired vehicles with a limit, inclusive of umbrella or excess liability coverage, of $3,000,000.00 for each person and $3,000,000.00 for each accident. C. Worker's compensation within statutory limits and employer's liability insurance with limits, inclusive of umbrella or excess liability coverages, of not less than $1,000,000.00. The liability insurance policies required by this Section shall be maintained by the Franchisee throughout the term of this Franchise, and such other period of time during which the Franchisee is operating without a Franchise hereunder, or is engaged in the removal of its Communication System. Payment of deductibles and self -insured retentions shall be the sole responsibility of the Franchisee. The insurance certificate required by this Section shall contain a clause stating that the coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. The { RJM413585.DOC;3/00006.080000/900000 } Metromedia Franchise 11 Packet Page 76 of 267 Franchisee's insurance shall be primary insurance with respect to the City. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Franchisee's insurance and shall not contribute with it. In addition to the coverage requirements set forth in this Section, the insurance certificate required by this Section shall contain language which provides that the policy may not be cancelled, reduced in coverage, nor the intention not to renew be stated until at least 30 days after receipt by the City of written notice of the same via U.S. mail. Within 15 days after receipt by the City of said notice, and in no event later than 5 days prior to said cancellation or non - renewal, the Franchisee shall obtain and furnish to the City replacement insurance certificate(s) meeting the requirements of this Section Section 19. Abandonment and Removal of the Franchisee's Communication._Facilities. Upon the expiration, termination, or revocation of the rights granted under this Franchise, the Franchisee shall remove all of its communications Facilities from the Public Ways of the City within 90 days of receiving notice from the Development Services Director. Provided, however, that the City may permit the Franchisee's improvements to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee's agreement to transfer ownership of the communication Facilities to the City, the Franchisee shall submit to the City a proposal and instruments for transferring ownership to the City. Any such Facilities which are not permitted to be abandoned in place which are not removed within ninety (90) days of receipt of said notice shall automatically become the property of the City. Provided, however, that nothing contained within this Section shall prevent the City from compelling the Franchisee to remove any such Facilities through judicial action when the City has not permitted the Franchisee to abandon said Facilities in place. Section 20. Construction Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, other than installation of fiber optic cable within existing conduits where such placement does not involve cutting or otherwise disrupting the surface of Public Ways, the Franchisee shall furnish 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 of this Franchise. Said bond shall be required to remain in full force until 60 days after completion of the construction of Grantee's communication Facilities and other improvements from the Public Ways of the City, and said bond, or separate bond acceptable to the City, shall warrant all such restoration work for a period of one year. In the event that a bond issued to meet the requirements of this Section is canceled by the surety, after proper notice and pursuant to the terms of said bond, Franchisee shall, prior to expiration of said bond, be responsible for obtaining a replacement bond which complies with the terms of this Section. Section 21. Modification. The City and the Franchisee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon the written agreement of both {RJM413585.DOC;3/00006.080000/900000 } Metromedia Franchise 12 Packet Page 77 of 267 parties to such alteration, amendment or modification. Said modifications shall be approved by the City by ordinance and accepted by the Franchisee consistent with Section 32 hereof. Section 22. Forfeiture and Revocation. If the Franchisee willfully violates or fails to comply with any of the material provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given the Franchisee by the City under the provisions of this Franchise, then the Franchisee shall, at the election of the City Council, forfeit all rights conferred hereunder and this Franchise may be revoked, terminated or annulled by the City Council after a hearing held upon reasonable written notice to Franchisee. The City Council may decide, after consideration of the reasons for the Franchisee's failure to comply with the Franchise, to allow the Franchisee additional time to cure before such termination or revocation. The City may elect, in lieu of the above, and without prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling the Franchisee to comply with the provisions of this Franchise and to recover reasonable and documented damages and costs incurred by the City by reason of the Franchisee's failure to comply. Section 23. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the locations, elevation, manner or construction and maintenance of any Facilities by the Franchisee, and the Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to violate other requirements of the law. Section 24. Survival. All of the provisions, conditions, and requirements of this Franchise shall be in addition to any and all other obligations and liabilities the Franchisee may have to the City at common law, by statute, or by contract. The provisions, conditions, and requirements of Sections 7, Relocation of Communication System: 8, Undergrounding of Facilities: 10, Work in Public Ways: 11, Restoration after Construction: 13, Dangerous Conditions, Authority for City to Abate: 17, Indemnification and Waiver: 18, Insurance: and 19, AI)M donment and Removal of the Franchisee's Communication Facilitics, shall survive the expiration or termination of this Franchise, and any renewals or extensions thereof and remain effective until such time as the Franchisee removes its communication Facilities from the Public Ways, transfers ownership of said Facilities to a third party, or abandons said System in place, all as provided herein. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of the Franchisee and all privileges, as well as all obligations and liabilities of the Franchisee shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever the Franchisee is named herein. Section 25. Severability. In any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such {RJM413585.DOC;3/00006.080000/900000 } Metromedia Franchise 13 Packet Page 78 of 267 invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Franchise. Section 26. Assignment. This agreement may not be assigned or transferred without the written approval of the City, which approval shall not be unreasonably withheld or delayed, except that the Franchisee may freely assign this Franchise in whole or part to a parent, subsidiary, or affiliated corporation or as part of any corporate financing, reorganization or refinancing. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. The Franchisee shall provide prompt, written notice to the City of any such assignment. Franchisee may, without the prior written consent of the City: (i) Lease the Facilities, or any portion thereof, to another; (ii) grant an Indefeasible Right of User Interest in the Facilities, or any portion thereof, to another; or (iii) offer or provide capacity or bandwidth in its Facilities to another, PROVIDED THAT: Franchisee at all times retains exclusive control over such Facilities and remains responsible for locating, servicing, repairing, relocating or removing its Facilities pursuant to the terms and conditions of this Franchise. Section 27, Notice. Any notice or information required or permitted to be given to the parties under this Franchise may be sent to the following addresses unless otherwise specified: City City of Edmonds Development Services Director 121 5th Avenue North Edmonds, WA 98020 771-0220 Fax: (425) 771-0221 Franchisee: Metromedia Fiber Network Services, Inc. V.P. Legal Affairs One North Lexington Ave. White Plains, N.Y. 10601Telephone: (425) Telephone: (201) 531-8000 Notice shall be deemed given upon receipt in the case of personal delivery, three days after deposit in the United States Mail in the case of regular mail, or the next day in the case of overnight delivery. Section 28. Entire Franchise. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon approval and acceptance of this Franchise. Section 29. Attorney's Fees. If any suit or other action is instituted in connection with any controversy arising under this Franchise, the prevailing party shall be entitled to recover all of its costs and expenses including such sum as the court may judge reasonable for attorney's fees, including fees upon appeal of any judgement or ruling. {RJM413585.DOC;3/00006.080000/900000 } Metromedia Franchise 14 Packet Page 79 of 267 Section 30. Non -waiver. Failure of the City to declare any such breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but the City shall have the right to declare any such breach or default at any time. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. Section 31. Governing_Law/Venue. This Franchise shall be governed by and construed in accordance with the laws of the state of Washington. The venue and jurisdiction over any dispute related to this Franchise shall be with the Snohomish County Superior Court. Section 32. Acceptance. This Franchise shall be accepted by Franchisee by its filing with the City Clerk an unconditional written acceptance thereof. Section 33. 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 5 days after the passage and publication of an approved summary thereof consisting of the title. CITY OF DMONDS MA OR, G Y HAAKENSEN ATTEST/AUTHENTICATED : CITY CLERK SANDRA S. CHASE APPROVED AS TO ROM: OFFICE OF H SIgAI[PRNEY: By: W. SCOTT SNYDER FILED WITH THE CITY CLERK: 01/28/2000 PASSED BY THE CITY COUNCIL: 02/01/2000 PUBLISHED: 02/09/2000 EFFECTIVE DATE: 02/14/2000 ORDINANCE NO.: 3295 { RJM413585. DOC; 3/00006.080000/9000001 Metromedia Franchise 15 Packet Page 80 of 267 SUMMARY ORDINANCE NO. 3295 of the City of Edmonds, Washington On the 1 st day of February, 2000, the City Council of the City of Edmonds, passed Ordinance No. 3295. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO METROMEDIA FIBER NETWORK SERVICES, INC., A NON-EXCLUSIVE FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A MULTIPLE CONDUIT FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 2"d day of February, 2000. City Clerk, Sandra S. Chase {RJM413585.DOC;3/00006.080000/9000001 Metromedia Franchise 16 Packet Page 81 of 267 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 82 of 267 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. <_.t1Yo .'� oi-p, L. 5.�. Packet Page 83 of 267 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 84 of 267 130)(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 Edmonds Fr aEY.E.:i ise AppNc;a..[;1on Packet Page 85 of 267 -- ZaY,-) � �" ca.t"!P,IL, _.,L.G. '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 86 of 267 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 87 of 267 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. Edmonds Franchise Application -- Zayo Gr,, - ' ? " Packet Page 88 of 267 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, L..t - Packet Page 89 of 267 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 90 of 267 a 226th St SW Q8th St SW Initial Project — Location 2 P,ik 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 91 of 267 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 92 of 267 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 Edmonds Franchise Application -- Zayo Groups, L.L.C. Packet Page 93 of 267 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. 13 Packet Page 94 of 267 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 - c, 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 W22l16 My Commission Expires: OAv.Vl1y My Commission Number:4l Titl and Rank Packet Page 95 of 267 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 96 of 267 A-1 Zayo Group, L.L.C. (Washington) Ail•:Y6l•A;FAA" Qe Mate of ti �tl t f�i�� Btu t!vvnAnry rol Ftob- 1,S .NI REED. �s 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 97 of 267 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 Gf10DP, 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. 2012. I3�69B� 8300 �? 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 98 of 267 -- 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 Date: 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 99 of 267 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 Loogut 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 Slates 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 100 of 267 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 101 of 267 Exhibit C Corporate Organizational Chart Enterprise Structure w'r� �b��•� uy6pM avr� .� �W_�r. rW Source: Internal — Law Department j 21 Packet Page 102 of 267 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 22 Packet Page 103 of 267 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 104 of 267 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CONSENTING TO THE ASSIGNMENT OF THE NON-EXCLUSIVE FRANCHISE GRANTED TO METROMEDIA FIBER NETWORK SERVICES, INC., PURSUANT TO ORDINANCE NO. 3295, TO ZAYO GROUP. WHEREAS, the City of Edmonds, Washington (the "City"), by action of its City Council on February 2, 2000, and effective on February 14, 2000, enacted Ordinance No. 3295 (the "Franchise") granting a non-exclusive franchise to Metromedia Fiber Network Services, Inc. ("Metromedia"); and WHEREAS, pursuant to Section 32, of said Franchise an Acceptance of the Franchise was duly executed by Metromedia, creating a contract between the City and Metromedia; and WHEREAS, Metromedia was acquired by AboveNet, which was then acquired by Zayo Group ("Zayo"); and WHEREAS, Zayo has submitted a written request to the City pursuant to Section 26 of the Franchise asking the City to approve the assignment of the Franchise from Metromedia to Zayo; and WHEREAS, the City has reviewed the written request to transfer the Franchise and in reliance on the representations made by Zayo is willing to grant its consent to the assignment from Metromedia to Zayo, subject to the conditions contained herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Conditional Approval. The City's consent of the assignment of the Franchise granted pursuant to Ordinance No. 3295 to Zayo is hereby GRANTED in accordance with the Franchise and applicable law, subject to the following conditions: 1. Each of the foregoing recitals are hereby incorporated by reference; and 2. Within thirty (30) days of enactment of this Ordinance, Zayo shall execute the Acceptance of Ordinance No. 3295 and , attached hereto as Exhibit A; and 3. Zayo will continue to be bound by all the commitments, duties, and obligations, present and continuing, embodied in the Franchise and applicable laws, regulations, codes, standards and decisions; and 4. The City's consent to the assignment does not amend or alter the Franchise or any requirements therein in any way, and all provisions of the Franchise remain in full force and effect and are enforceable in accordance with their terms and with applicable law; and Packet Page 105 of 267 5. The City reserves all of its rights with respect to the Zayo's compliance with the terms, conditions, requirements and obligations set forth in the Franchise and applicable laws, regulations, codes and standards; and Section 2. Termination. Failure to comply with the conditions listed in Section 1 (Conditional Approval) shall result in the immediate termination of this Ordinance. Section 3. Non -Waiver. This Ordinance shall not be construed to grant or imply the City Council's consent to any subsequent transfer or assignment of the Franchise, or any other transaction that may require the City's consent under the Franchise, or applicable law. The City reserves all its rights with regard to any such transactions. Section 4. 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 5 days after the passage and publication of an approved summary thereof consisting of the title. CITY OF EDMONDS MAYOR, DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK SANDRA S. CHASE APPROVED AS TO FROM: OFFICE OF THE CITY ATTORNEY: By: JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: PA Packet Page 106 of 267 SUMMARY ORDINANCE NO. of the City of Edmonds, Washington On the 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, CONSENTING TO THE ASSIGNMENT OF THE NON-EXCLUSIVE FRANCHISE GRANTED TO METROMEDIA FIBER NETWORK SERVICES, INC., PURSUANT TO ORDINANCE NO. 3295, TO ZAYO GROUP. The full text of this Ordinance will be mailed upon request. DATED this day of March, 2013. City Clerk, Sandra S. Chase Packet Page 107 of 267 ACCEPTANCE OF ORDINANCE NO.3295 and WHEREAS, the City of Edmonds, Washington (the "City"), by action of its City Council on February 2, 2000, and effective on February 14, 2000, enacted Ordinance No. 3295 (the "Franchise") granting a non-exclusive franchise to Metromedia Fiber Network Services, Inc. ("Metromedia"); and WHEREAS, pursuant to Section 32, of said Franchise an Acceptance of the Franchise was duly executed by Metromedia, creating a contract between the City and Metromedia; and WHEREAS, Metromedia was acquired by AboveNet, which was then aquired by Zayo Group ("Zayo"); and WHEREAS, Zayo has submitted a written request to the City pursuant to Section 26 of the Franchise asking the City to approve the assignment of the Franchise from Metromedia to Zayo; and WHEREAS, the City conditionally approved the assignment through the enactment of Ordinance No. on March , 2013 and effective on , 2013; and WHEREAS, Ordinance No. requires that Zayo comply with Section 32 of the Franchise by filing with the City Clerk an unconditional written acceptance of the Franchise. NOW, THEREFORE, Zayo and its successors, heirs, assigns and transferees desires to accept, be bound by and to faithfully observe all of the lawful terms and conditions set forth in the Franchise and Ordinance No. . By executing this Acceptance, Zayo and its successors, heirs, assigns and transferees make the following representations, agreements, warranties and guarantees to the City: 1. Zayo, its successors, heirs, assigns and transferees desires to accept, be bound by and to faithfully observe or guarantee all of the terms and conditions set forth in in the Franchise and Ordinance No. 2. Zayo agrees that it has undertaken to be bound by all surviving lawful commitments and agreements previously made to the City by Metromedia, its subsidiaries or predecessors. 3. Zayo, its successors, heirs, assigns and transferees agree that the prior Acceptance executed by Metromedia shall be incorporated herein by reference; that, in addition, all surviving lawful terms and conditions of the prior acceptance shall continue to remain in full force and effect and shall continue to be binding commitments on the part of Zayo and its successors, heirs, assigns and transferees. Packet Page 108 of 267 4. Zayo, its successors, heirs, assigns and transferees agree that all agreements, representations, guaranties and warranties set forth herein shall be binding upon any subsequent successors, heirs, assigns and transferees, if any. 5. Zayo, its successors, heirs, assigns and transferees each acknowledge that they are subject to the City's right to exercise its lawful police power, subject to the provisions of Edmonds City Code. 6. Zayo, its successors, heirs, assigns and transferees agree that they will fully comply with all lawful bonding, insurance and letter of credit requirements in the Franchise. 7. This Acceptance and Guarantee shall be read in conjunction with, but not amend or supersede any provisions set forth in the Franchise. Dated: N ZAYO GROUP Its: Packet Page 109 of 267 AM-5596 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted By: Frances Chapin Department: Parks and Recreation Committee: Type: Information Action 3. E. Subiect Title Authorization for Mayor to sign contract with Snohomish County for Tourism Promotion grant. Recommendation Authorize Mayor to sign contract for Tourism Promotion grant with Snohomish County. Previous Council Action 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. Grant contract Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Frances Chapin Final Approval Date: 03/14/2013 Attachments Form Review Date 03/14/2013 09:45 AM 03/14/2013 10:03 AM 03/14/2013 01:19 PM Started On: 03/14/2013 09:40 AM Packet Page 110 of 267 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 111 of 267 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 112 of 267 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 113 of 267 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 114 of 267 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 115 of 267 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 116 of 267 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 117 of 267 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 118 of 267 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 119 of 267 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 120 of 267 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 121 of 267 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 122 of 267 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 123 of 267 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 124 of 267 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. E ►. Packet Page 125 of 267 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 126 of 267 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 127 of 267 Schedule C Contractor's Project Application C-1 Packet Page 128 of 267 AM-5594 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted By: Frances Chapin Department: Parks and Recreation Committee: Type: Information Action Subiect Title Authorization to advertise Call for Artists RFQ for Five Corners Roundabout Project. Recommendation Authorize advertisement of Call for Artists for Five Corners Roundabout. Previous Council Action Recommend request for authorization to advertise on Consent Agenda. Narrative 3. F. 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 advertised. 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 in the 117-200 fund is $25,000 artist fee plus $2,100 design fees for a total of $$27,100. Roundabout Art RFQ Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Frances Chapin Final Approval Date: 03/14/2013 Attachments Form Review Date 03/14/2013 09:45 AM 03/14/2013 10:04 AM 03/14/2013 01:19 PM Started On: 03/14/2013 08:48 AM Packet Page 129 of 267 Computerized concept for Five Corners Roundabout Proiect (not final design). Project fabrication and installation budget - $25,000 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 212th and 84th. An existing five way stop intersection will be renovated with a new single lane roundabout. The intersection serves as a significant gateway to the downtown portion of Edmonds. Located two blocks west of the main high school and Swedish Edmonds Hospital, the intersection is the center of a neighborhood shopping district with coffee shop, restaurants, gym, church, and service businesses. The artwork site is in the middle circle 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 and adjoining 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. A low wall will surround the slightly elevated center landscaped area which has a 36' diameter. Electrical conduit in the center provides options for lighting and a basic foundation will be supplied. The artist will work with the landscape consultant to determine foundation sites. There may be some opportunity to inlay small elements in sidewalk areas outside the center. Project Description The Edmonds Arts Commission is seeking an artist or artist team to create artwork(s) which contributes to 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 and location within the circle will be important for visual impact. Plans for the project should consider: Packet Page 130 of 267 • Location: The artwork should reflect the spirit and function of the neighborhood while keeping in mind the role as a gateway to the larger community. It should provide interest for pedestrians and drivers without being distracting or providing an attractive nuisance — pedestrians do not have access to the center. • 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. 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. Basic site preparation will be included in the construction budget for the roundabout. Up to three artists from the applicant pool 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 $25,000 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, ability to work with the community, 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 than 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 October/November 2013 (Final schedule TBD) For more information on this project, please contact Frances Chapin, City of Edmonds Cultural Services Manager, (425) 771-0228 or frances.chapin(ab-edmondswa.gov Packet Page 131 of 267 AM-5588 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted For: Mike DeLilla 3. G. Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Type: Action Information Subiect Title Report on final construction costs for the 2011 Waterline Replacement Project and acceptance of project. Recommendation Accept project. Previous Council Action On May 17, 2011, Council authorized Staff to call for bids for the 2011 Waterline Replacement Project. 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. On March 12, 2013, the Planning, Parks and Public Works committee reviewed this item and recommended it be placed on the consent agenda at the March 19, 2013 Council meeting. 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. Attachments Project Site May Form Review Inbox Reviewed By Date Engineering Robert English 03/14/2013 11:39 AM Public Works Phil Williams 03/14/2013 05:05 PM Packet Page 132 of 267 City Clerk Mayor Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 03/15/2013 Sandy Chase Dave Earling Linda Hynd 03/15/2013 05:32 AM 03/15/2013 08:24 AM 03/15/2013 09:02 AM Started On: 03/13/2013 03:24 PM Packet Page 133 of 267 Packet Page 134 of 267 AM-5589 3. H. City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted For: Ed Sibrel Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Type: Action Information Subiect Title Report on final construction costs for the 2012 Waterline Replacement Project and acceptance of project. Recommendation Accept project. 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. On March 12, 2013, the Planning, Parks and Public Works committee reviewed this item and recommended it be placed on the consent agenda at the March 19, 2013 Council meeting. 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 Map Form Review Inbox Reviewed By Date Engineering Robert English 03/13/2013 04:50 PM Public Works Phil Williams 03/13/2013 05:13 PM Packet Page 135 of 267 City Clerk Mayor Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 03/14/2013 Sandy Chase Dave Earling Sandy Chase 03/14/2013 09:21 AM 03/14/2013 10:11 AM 03/14/2013 01:19 PM Started On: 03/13/2013 03:28 PM Packet Page 136 of 267 2012 WATERLINE REPLACEMENT PROGRAM 80th Avenue West and 184th Street SW Packet Page 137 of 267 AM-5590 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted For: Mike DeLilla Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Type: Action Information Subiect Title Authorization to advertise a Request for Bid for construction services for the 2013 Waterline Replacement Project. Recommendation Authorize staff to advertise. Previous Council Action On March 12, 2013, the Planning, Parks and Public Works committee reviewed this item and recommended it be placed on the consent agenda at the March 19, 2013 Council meeting. 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 May Form Review Inbox Reviewed By Date Engineering Robert English 03/13/2013 04:52 PM Public Works Phil Williams 03/13/2013 05:13 PM Packet Page 138 of 267 City Clerk Mayor Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 03/14/2013 Sandy Chase Dave Earling Sandy Chase 03/14/2013 09:21 AM 03/14/2013 10:04 AM 03/14/2013 01:19 PM Started On: 03/13/2013 03:30 PM Packet Page 139 of 267 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-5598 City Council Meeting Meeting Date: 03/19/2013 Time: Submitted By: Pamela Randolph 3. J. Department: Wastewater Treatment Plant Committee: Parks, Planning, Public Works Type: Action Information Subiect Title Authorization to advertise a Request for Bids for construction services for the WWTP Standby Power Distribution and Switchgear Improvement Project. Recommendation The City Council approve on the consent agenda authorizing the advertisment of the Request for Bid, for the WWTP Standby Power Distribution and Switchgear Improvement Project construction services. Previous Council Action 3.12.13 - Parks, Planning and Public Works Committee approved the request to forward the item to the Consent Agenda. 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, Packet Page 141 of 267 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. WWTP switchgear 1 WWTP switchgear 2 WWTP switchgear 3 WWTP switchgear 4 WWTP switchgear 6 Inbox City Clerk Mayor Finalize for Agenda Form Started By: Pamela Randolph Final Approval Date: 03/15/2013 Attnehmvntc Form Review Reviewed By Date Sandy Chase 03/14/2013 02:43 PM Dave Earling 03/15/2013 08:23 AM Linda Hynd 03/15/2013 09:02 AM Started On: 03/14/2013 01:28 PM Packet Page 142 of 267 i 0-4 z C,;c oR I *.. It s'C 1114t ti 4 ti Packet Page 144 of 26 't* 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-5587 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted For: Rob English Department: Engineering Committee: Parks, Planning, Public Works Finance Submitted By: Megan Luttrell Type: Action Information Subject Title Purchasing Policy Revision for Public Works Projects. Recommendation Approve revisions. Previous Council Action 3. K. On March 12, 2013, the Finance and Planning, Parks and Public Works committees reviewed this item and recommended it be placed on the consent agenda at the March 19, 2013 Council meeting. Narrative 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 Packet Page 148 of 267 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 Draft Revision to Purchasing Policies Form Review Inbox Reviewed By Date Engineering Robert English 03/13/2013 04:43 PM Public Works Phil Williams 03/13/2013 05:13 PM City Clerk Sandy Chase 03/14/2013 09:21 AM Mayor Dave Earling 03/15/2013 08:25 AM Finalize for Agenda Linda Hynd 03/15/2013 09:02 AM Form Started By: Megan Luttrell Started On: 03/13/2013 03:20 PM Final Approval Date: 03/15/2013 Packet Page 149 of 267 City of Edmonds `1)c 1 g9v Purchasing Policies and Procedures jan„aRr 2012March 2013 Packet Page 150 of 267 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 151 of 267 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 152 of 267 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 153 of 267 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 154 of 267 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 155 of 267 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 156 of 267 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 157 of 267 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 158 of 267 (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 159 of 267 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 160 of 267 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 161 of 267 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 162 of 267 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 163 of 267 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 164 of 267 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 165 of 267 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 166 of 267 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 167 of 267 Page 17 of 16 AM-5586 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted For: Rob English Department: Engineering Committee: Parks, Planning, Public Works Subiect Title Traffic Impact Fee Annual Report Recommendation For information only. Submitted By: Megan Luttrell Type: Information Information Previous Council Action On March 12, 2013, the Planning, Parks and Public Works committee reviewed this item and recommended it be placed on the consent agenda for approval. Narrative 3. L. 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 Inbox Engineering Public Works City Clerk Mayor Form Review Reviewed By Date Robert English 03/13/2013 04:14 PM Phil Williams 03/13/2013 05:13 PM Sandy Chase 03/14/2013 09:21 AM Dave Earling 03/14/2013 10:10 AM Packet Page 168 of 267 Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 03/14/2013 Sandy Chase 03/14/2013 01:19 PM Started On: 03/13/2013 03:17 PM Packet Page 169 of 267 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 170 of 267 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 171 of 267 Page 2 AM-5582 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted By: James Lawless Department: Police Department Committee: Public Safety, Personnel Type: Action Information Subiect Title Amendment to Domestic Violence Coordinator ILA with the City of Mill Creek. Recommendation Council approval via consent agenda and foward to Mayor for signature. Previous Council Action The original ILA was approved by full Council via consent agenda on 8/14/12. Narrative 3. M. 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. Attachments Amended DV Coordinator ILA Packet Page 172 of 267 Inbox City Clerk Mayor Finalize for Agenda Form Started By: James Lawless Final Approval Date: 03/14/2013 Form Review Reviewed By Date Sandy Chase 03/13/2013 04:33 PM Dave Earling 03/14/2013 10:06 AM Sandy Chase 03/14/2013 01:19 PM Started On: 03/13/2013 11:59 AM Packet Page 173 of 267 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 174 of 267 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 175 of 267 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 176 of 267 AM-5580 City Council Meeting Meeting Date: 03/19/2013 Time: Consent Submitted For: Ronald Cone Department: Finance Committee: Subiect Title January 2013 Monthly Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative January 2013 Monthly Financial Report Inbox Reviewed By Finance Ronald Cone City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Sarah Mager Final Approval Date: 03/14/2013 Submitted By: Sarah Mager Type: Information Tnfnrm atinn Attachments Form Review Date 03/13/2013 10:17 AM 03/13/2013 04:33 PM 03/14/2013 10:11 AM 03/14/2013 01:19 PM Started On: 03/13/2013 07:36 AM 3. N. Packet Page 177 of 267 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 178 of 267 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 179 of 267 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 $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 180 of 267 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 181 of 267 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 182 of 267 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 $61,009 Drug Enforcement Fund $133,364 General Fund 8,471,778 $1 $2,000,000 Q Packet Page 183 of 267 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 184 of 267 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 185 of 267 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 186 of 267 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 187 of 267 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 188 of 267 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 189 of 267 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 190 of 267 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 191 of 267 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 192 of 267 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 193 of 267 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 194 of 267 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 195 of 267 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 196 of 267 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 197 of 267 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 198 of 267 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 199 of 267 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 200 of 267 This page is intentionally left blank. 24 Packet Page 201 of 267 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 202 of 267 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 203 of 267 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 204 of 267 27 This page is intentionally left blank. W:3 Packet Page 205 of 267 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 206 of 267 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 207 of 267 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 208 of 267 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 209 of 267 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 210 of 267 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 211 of 267 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 212 of 267 35 This page is intentionally left blank. 36 Packet Page 213 of 267 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 214 of 267 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 215 of 267 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 216 of 267 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 217 of 267 40 AM-5592 City Council Meeting Meeting Date: 03/19/2013 Time: 20 Minutes Submitted For: Rob English 5. Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Robert English Type: Action Information Subiect Title Public Hearing: Proposed Ordinance authorizing the acquisition by negotiation or condemnation of real property interests needed for the Five Corners Roundabout Project. Recommendation Approve Ordinance. Previous Council Action On March 12, 2013, the Planning, Parks and Public Works committee reviewed this item. There has been a Public Hearing scheduled at the March 19, 2013 Council meeting. 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. Packet Page 218 of 267 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 Inbox Reviewed By Date Engineering Robert English 03/14/2013 11:56 AM Public Works Phil Williams 03/14/2013 05:05 PM City Clerk Sandy Chase 03/15/2013 05:32 AM Mayor Dave Earling 03/15/2013 08:24 AM Finalize for Agenda Linda Hynd 03/15/2013 09:02 AM Form Started By: Megan Luttrell Started On: 03/13/2013 03:40 PM Final Approval Date: 03/15/2013 Packet Page 219 of 267 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 220 of 267 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 221 of 267 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 222 of 267 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 223 of 267 Exhibit I n" l0 20 da �. . •'il PARCEL NUMBER 00373600100706 PROPERTY OWNER LAKESHORE INVESTMENT #17 PARCEL AREA 0.95 AC 1 - 41.392 SFl ROW ACQUISII1014 AREA 1,753 SF PARCEL AREA REMAINING 0.91 AC (-39,629 SF) LANDSCAPE EASEMENT AREA 144 SF z yy RIGHT —a- WAr f : `l I I I' EASEMENT (TCE) AREA 1,388 SF AC0l1IAn(W M EA I! TE)dP0RARY CUISMUCTI rt 5:U j I!, ,, EASUIE31T AREA -� ,� ARIOSCME eASFJ.+k71T • L - . - - - _ - -- -- ARFh .y �. f. Eg5N3G RI WAY lily I — —� Q3SRNa PRlI3TY 1111E s .. ... „ �\`��' ,•Ab• ' •�•�' �` I IAREA: 1,753 SF � I AREA: 144 St AREA: 1,388 SF 50, `g>9 `If • f ` 1 r ve -4 „>. -- - y LC f � ♦77 � �_ I _1••I �•.sa �•' � .ter. �.��---•- -i 4• � �.4• fc\0\C10FD000a0003\0,I00CA4\T0�b1VG\ExryI It R011 EvJd6He\Elva Comers RoindnHoilt -- RC5'7 fxhE1,Ite.Jag {( A �� ' �) M N �] I CNOINF-EnINC DIVISION FIVE CORNERS ROUNDABOUT 9T D I� rr. HSECTIOM 9mmoyr41fdt NT (PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. OM-2512(007) ter. 189� DRAWN BY: K. POTUZAK DATE:-1211-I120'12 SCALE: AS NOTLD SFIT: 'I OF 1 Packet Page 224 of 267 Exhibit 2 1' ®, ►�LEGEND MZ RIGHT-OF-WAY op - �'-rT Of WAN r gloom 1 ff11ff 1f♦f♦♦1♦►♦♦111♦♦. f'�11�♦f! '11♦1• f+111a �111♦ SF _ f�sil�f�• 0 1111a1 AREA: 1,349 SF .1 F AREA: 1,133 SF �� .. {�f 1�l .11! 11f� 111� /114 1f1� Y11� fi I' � ►Ifs ►�� ►IE ►f� ►f� .PARCEL hUMBER 00467400000100 PROPER* OWNER CALVARY CHAPEL OF EDMONDS PARCEL �REA 1.02 AC (— 44,431 SF) ROW ACQUISITION AREA 1,143 SF PARCELPREA REMAINING 0.99 AC (-43,288 SF) TEMPORARY CONSTRUCTION -EASEMENT (TCE) AREA 1349 SF I 'in 5.0' P:\c\CCED0oo00003\OgaaCAD\ll\pWG\E>dt161Es\ROW E�161ts F w Comers Roundabout — ROW Eshlblte.dwg CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL Ala NO. CM-2512(007) rst. logo DRAWN BY: K. POTUZAK DATE: 3/07/2013 SCALE: AS NOTED SHT: 1 OF 1 Packet Page 225 of 267 :." f 10 . 1 Lam`..=�� _'�. '�`-��"� `•`� �!'f _ ��-_� � r �t:�<, � ; • yip �' ... ,. ��...��..: •. { Will AREA: 33 SF ,STORM PIPE INSTALLATION f FOR PRIVATE DRAIN RECONNECTION ............ AREA: 284 SIF AREA: 191 SF •..' I 4 PARCEL NUMBER 006,13400000600 PROPERTY OWNER ERIC D. ANDERSEN PARCEL AREA 0.30 AC (- 13.068 SF) ROW ACQUISITION' AREA 33 SF PARCEL AREA REMAINING 0,30 AC (-13,035 SF) TEMPORARY CONSTRUCnON EASEMENT (TCE) AREA 191 SF �;J�•� rn a�r•: f��— I LEJND I RIGHT-W-WAY ACgllmpwl AREA �` •f ® EASEUE14T COHSiROCRIXI EASEkiflii AREA ` - - �-.t FJ9SRIIG RI4YiT-P -4'!.Y loz 111I1I ry EHSPUG PROPERTY WiE PII\e\CQMOOOOOGO3\0+4000A➢\TT\D"\Exhlblt.\ROVI Exhlblt.\M.'Comers•floun/d�obout'- ROW £xhibltu.dwg 1 1�\ll �) �'J' ENGINEERING DIVISI0 �- -FIVE CONN ERR ROlJNDA0011I'l' IM T ERSECTION II11IPHOVEMENT PRojEcl- RIGHT-OF-WAY EXHIBU FEDERAL AID NO. CM-25-12(007) 189n DRAWN BY: K. POTUZAK DATE: '121-11/2012 SCALE: AS NOTED SHT: 'I OF 1 Packet Page 226 of 267 Exhibit 4 �4 LEGEND" IGralr-waY nCglnsna;l IAn . l • 190PI TEMPORARY'' - - - - I' -. - _ - - LiXX� ACOUSREATRUCII0.f EASQAQIS MEA Dasnua PROPERTY LIE - - - r PARCEL NUMBER 00373600501002 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 (-72,207 SF) LANDSCAPE EASEMENT 16 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1,104 SF Ord AREA: 44-B SF �� AREA: 16 SF.. v rr AREA; 1.104 SF 49 • \ r fey •� � � - .� i b : Q rr i U 212TH 5T SW P. �c�COF900000003\040OCA3\TT�0 G EKhlblts\AOYI Ohl 1 �Flvo Corncfu Raundobauk - �ROOW Ewhlblte.dwg �r��-; f f Ir () lr 1_ !� m () IN 1s; W ➢ NGINEEnING DIVISION FIVE CORAEFIS III: U11DAR OUT INTERSFC T IOM IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007) lest 1a9n DRAWN BY: K. POTUZAK I DATE: 12/11/2012 SCALE: AS NOTED I SHT: 'I OF 1 Packet Page 227 of 267 AM-5583 City Council Meeting Meeting Date: 03/19/2013 Time: 10 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Review Committee: Finance Type: Action Information Subject Title Parks staffing and budget amendment request 71' Committee Action: Recommend Review by Full Council Recommendation The Mayor and Finance Committee recommend approval of budgetary request to reinstate .5FTE Parks Sr. Office Specialist. Previous Council Action Finance Committee is supporting and forwarding to full council for discussion and approval. Narrative As Council will recall, the Parks Department made significant cuts last year due to both the 4.5% cuts requested by the Mayor, and one FTE that was accepted for the Voluntary Separation Incentive Program. Now that we are 2.5 months into the cuts and the 2013 budget year, the Recreation staff at the Frances Anderson Center have hit a pressure point, and in order to continue to provide customer service at the front counter, we are requesting the reinstatement of a .5FTE to the office staff. In completing a job analysis in the office operations, we anticipated the ability to cover the afternoon break, lunch, and program need at the front desk. Although we have covered these times, and continue to provide excellent customer service, what we have experienced is the impact on 3-4 other full time jobs in the office. The disruption and impact on productivity will have a longer term impact on our ability to provide programs, and realize revenue from these programs. We are now experiencing the break point in office operations staffing. If we continue at this level it will have a profound impact on staff stress levels, morale, recreation programming, and could result in decreased revenues and staff departures. The Parks Department is requesting the allocation of $24,000 carryover from the 2012 year end budget to reinstate this position from now until December 31, 2013. During the budget process for 2014, we will consider this addition as we develop the budget. Packet Page 228 of 267 Inbox City Clerk Mayor Finalize for Agenda Form Started By: Carrie Hite Final Approval Date: 03/14/2013 Form Review Reviewed By Date Sandy Chase 03/14/2013 09:45 AM Dave Earling 03/14/2013 10:05 AM Sandy Chase 03/14/2013 01:19 PM Started On: 03/13/2013 01:40 PM Packet Page 229 of 267 AM-5603 City Council Meeting Meeting Date: 03/19/2013 Time: 2 Hours Submitted By: Kemen Lien Department: Planning Review Committee: Type: Information Information Committee Action: 7. Subject Title Continued discussion on the Port of Edmonds request to incorporate the Harbor Square Master Plan into the City's Comprehensive Plan. Recommendation Review/compare the original and updated drafts (Exhibits 1 and 2) of the Harbor Square Master Plan (or "Subarea Plan" as the updated draft is termed) and provide direction to staff on how to proceed toward developing a final draft for consideration. Previous Council Action The City Council heard an introduction to the Harbor Square Master Plan at the November 20, 2012 City Council meeting, with subsequent public hearings held on December 4 and December 18, 2012. The December 18th public hearing was continued to January 29, 2013, and deliberation was continued to February 5, 2013. At the February 5, 2013 meeting, the City Council requested staff to develop a modified draft of the Harbor Square Master Plan based on comments provided by City Council and testimony received during the Public Hearings. Narrative The Port of Edmonds has submitted a request to the City of Edmonds to incorporate the Port's Harbor Square Master Plan (Exhibit 1) into the City's Comprehensive Plan. The Port's Harbor Square Master Plan envisions a mixed -use transit -oriented development. The mixed -use nature of the Master Plan will allow for retail, commercial, office and public uses, and residential housing. The SEPA checklist indicates a redeveloped Harbor Square consistent with the Master Plan could provide 340 to 358 residential units, 50,400 square feet of retail, 9,784 square feet of office, 123,410 square feet of recreational health club uses (including tennis courts), 3.8 acres of public open space, and 1,091 spaces of off-street parking. The Master Plan envisions buildings of varying heights, up to a maximum of 55 feet. Conceptually, the Master Plan proposal calls for locating the taller building towards the southern and western property boundaries of the site and outside of recognized public view corridors while shorter buildings would be located along Dayton Street. The Planning Board conducted an extensive review of the Harbor Square Master Plan over the course of six meetings (July 25, August 22, September 12, September 26, October 10, and October 24). The Planning Board recommended that the City Council incorporate the Port of Edmonds' Harbor Square Master Plan into the City's Comprehensive Plan and also offered fourteen (14) additional recommendations with regard to incorporating the Master Plan within the City's Comprehensive Plan. Packet Page 230 of 267 During review before the City Council, the Council raised a number of concerns with the Port's proposed Harbor Square Master Plan. At the February 5, 2013 Council meeting, the Council requested staff to develop a modified version of the Harbor Square Master Plan based on comments provided by the City Council and testimony received during the Public Hearings. Exhibit 2 is the staff -generated City Council Discussion Draft of the Harbor Square Master Plan. It should be emphasized that this is a discussion draft based on a staff review of many varied comments provided during the public hearings and by individual counci members. Some comments could be easily reconciled, but others were at odds or directly conflicted. Nonetheless, staff has attempted to place more emphasis in the plan on describing overall concepts and intent, leaving details to be worked out during subsequent zoning and development processes (as the Port had also contemplated). Any future zoning changes will, of course, be subject to Council review and approval. Exhibit 3 is a table that summarizes issues raised by the City Council and the public; the exhibit also identifies where these concerns are addressed in the revised Harbor Square Master Plan. Exhibit 4 is the Downtown Master Plan section of the City's Comprehensive Plan as revised by Council Member Lora Petso that is being included at Council Member Petso's request. Exhibit 5 is an email from Council Member Adrienne Fraley-Monillas with Council Member Fraley-Monillas' ideas for a revised Harbor Square Master Plan that is being included at Council Member Fraley-Monillas' request. Attachments Exhibit 1 - Port of Edmonds' Harbor Square Master Plan Exhibit 2 - Harbor Square Master Plan - City Council Discussion Draft Exhibit 3 - Harbor Square Master Plan Issue Table Exhibit 4 - Council Member Petso's revised Downtown Master Plan Exhbit 5 - Council Member Fraley-Monillas email Form Review Inbox Reviewed By Date Planning Department Rob Chave 03/15/2013 09:59 AM Community Services/Economic Dev. Stephen Clifton 03/15/2013 10:25 AM City Clerk Linda Hynd 03/15/2013 11:12 AM Mayor Dave Earling 03/15/2013 11:22 AM Finalize for Agenda Linda Hynd 03/15/2013 11:27 AM Form Started By: Kernen Lien Started On: 03/15/2013 08:02 AM Final Approval Date: 03/15/2013 Packet Page 231 of 267 New or Expanded Elements of the Port of Edmonds Master Plan Harbor Square Redevelopment Plan APRIL 18, 2012 Revised for Planning Board Review August 29. 2012 INTRODUCTION The Harbor Square Redevelopment Plan has been prepared as an amendment to the Port's Master Plan. Its purpose is to provide a framework and solid foundation for the eventual redevelopment of the 11-acre site into an economically feasible, environmentally responsible, and well -designed mixed -use transit -oriented development in the City's Downtown Waterfront District. Harbor Square is an important component of the Port's overall property holdings and when redeveloped will further the Port's statutory directive of "engaging in economic development programs" to benefit constituents of the Port District as well as the overall Edmonds community. The Harbor Square Redevelopment Plan provides important site planning and design principles to be used for future development plans. The preparation and adoption of the Plan is in the midst of a multi -phased planning process. Completed, ongoing, and future phases include: Phase 1 (complete) Prepared a generalized fiscal impact analysis of site redevelopment scenarios. Phase 2 (complete) An extensive outreach program to define the community's preferred use, connections, and design principles for the Harbor Square Redevelopment Plan. Phase 3 (ongoing) Port Commissioners will adopt the Redevelopment Plan into the Port Master Plan. Following Planning Board public hearings and action by the Edmonds City Council the Redevelopment Plan, if approved, will be incorporated into the City's Comprehensive Plan. Packet Page 232 of 267 Phase 4 (Future) Following approval of the Comprehensive Plan amendment by the Edmonds City Council, The Port will market the project to solicit responsible development interests. With the selection of a developer by the Port, negotiations between the Port and City will occur to address project issues including rezoning of the site, site layout, design issues, impact mitigation and other site development issues. Resolution of project issues will likely occur through the preparation and approval of a rezone and/or development agreement involving the City, the Port and the selected developer. Upon approval of the development agreement by the Edmonds City Council construction documents will be prepared and submitted to the City for review and approval. Implementation of the Harbor Square Redevelopment Plan is intended to occur over several years, depending on the economic climate, existing lease arrangements and site planning considerations. REDEVELOPMENT OBJECTIVES AND CONCEPT The Port has identified opportunities to redevelop the Harbor Square site with a mix of residential, office, and retail uses that promote economic development, environmental responsibility, and a high quality design character. The redevelopment concept includes increased public access opportunities and other amenities that capitalize on the site's waterfront setting and adjacency to Edmonds Marsh. Public benefits include an expanded tax base, increased downtown activity, enhanced connections between downtown and the waterfront, an improved pedestrian environment, promotion of transit oriented development, improved ecology, and increased waterfront view opportunities with public gathering places. Consistency with Edmonds Comprehensive Plan This Master Plan is consistent with the City of Edmonds Comprehensive Plan and pursues a number of the Plan's goals and policies. Most of the Comprehensive Plan goals and policies relevant to Harbor Square are located in the Waterfront Activity Center element. Below are some of the goals and policies from that element that guide this master plan. Additionally, the Physical Design Principles included in this Master Plan implement the design -specific Comprehensive Plan policies which are listed in that section. Comprehensive Plan goals and policies are identified in "italics." Comprehensive Plan Goals • Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. • Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian -oriented design elements, while protecting downtown's identity. Identify supporting arts and mixed use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at residential uses in the area surrounding this retail core area. Emphasize and plan for links between the retail core and these supporting areas. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 233 of 267 2 • Develop gateway/entrance areas into downtown which serve complementary purposes (e.g. convenience shopping, community activities). • Explore alternative development opportunities in the waterfront area, such as specifically encouraging arts -related and arts -complementing uses. Comprehensive Plan Policies • E.1. Ensure that the downtown waterfront area continues - and builds on - its function as a key identity element for the Edmonds community. • E.5. Extend Downtown westward and connect it to the shoreline by encouraging mixed -use development and pedestrian -oriented amenities and streetscape improvements, particularly along Dayton and Main Streets. Development in this area should draw on historical design elements found in the historic center of Edmonds to ensure an architectural tie throughout the Downtown Area. • E.8. Improve and encourage economic development opportunities by providing space for local businesses and cottage industries and undertaking supporting public improvement projects. • E.9. Enhance shoreline features to include a full spectrum of recreational activities, park settings, natural features (such as the Edmonds Marsh), and marina facilities. Improve public access to the shoreline and link waterfront features by establishing a continuous esplanade along the shoreline. The esplanade will be constructed over time through public improvements and Shoreline Master Program requirements placed on private development. • E.11. Encourage a more active and vital setting for new retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, downtown commercial activity and visitors from throughout the region. • E.12. Support a mix of uses downtown which includes a variety of housing, commercial, and cultural activities. The Comprehensive Plan identifies individual districts within Edmonds Waterfront. Harbor Square is located in the "Downtown Master Plan District" and the Comprehensive Plan describes the intent for this district as quoted below: Downtown Master Plan. The properties between SR-104 and the railroad, including Harbor Square, the Edmonds Shopping Center (former Safeway site), and extending past the Commuter Rail parking area up to Main Street. This area is appropriate for design -driven master planned development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. The location of existing taller buildings on the waterfront, and the site's situation at the bottom of "the Bowl, " could enable a design that provides for higher buildings outside current view corridors. Any redevelopment in this area should be oriented to the street fronts, and provide pedestrian -friendly walking areas, especially along Dayton and Main Streets. Development design should also not ignore the railroad side of the properties, since this is an area that provides a "first impression" of the city from railroad passengers and visitors to the waterfront. Art work, landscaping, and modulated building design should be used throughout any redevelopment project. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 234 of 267 3 Planning Principles The concept diagram on the next page illustrates the planning principles developed during Phase 2 of the planning process. The principles serve as design objectives and form the basis for the Plan Elements. The design intent as it relates to the uses, building character, circulation and parking, public spaces, and sustainability is defined below. ♦_W� LEGEND 114 Vehicle access and parking Pedestrian oriented storefronts and Village plaza actimlies Residentia[ Village -- - -- - - Pdrnary pedestrian route ❑ Mixed -use Gateway architectural element ■ ■ ■ W ■ Atlraciive streetscape edge Principles 1. Create a pedestrian entry and visual gateway at the Highway 104 / Dayton Street intersection which is the key link to downtown Edmonds. 2. Create an attractive street front along Highway 104. 3. Feature pedestrian -friendly facades and uses along Dayton Street W. 4. Establish a pedestrian -friendly esplanade with adjacent activities between the plaza (1) and the marsh. 5. Connect pedestrian walkways to linkages around the marsh. 6. Provide vehicular access into the site from Dayton Street W. 7. Provide direct pedestrian access to the marsh from Hwy 104. 8. Create a pedestrian focus such as a village green or plaza in the center of the redevelopment. 9. Locate residential development in the southeast portion of the site. 10. Locate parking near the western perimeter, next to the railroad, within a parking structure designed to serve the entire redevelopment 11. Architectural character should emphasize a "Northwest Style" compatible with the rest of downtown and feature high quality traditional materials and a variety of colors, forms, and textures. 12. Provide improved vegetation buffers to protect and enhance the Edmonds marsh. 13. Provide for a well -landscaped, Northwest -oriented, small town design theme. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 235 of 267 n PLAN ELEMENTS The Port will incorporate the following elements into the redevelopment of Harbor Square through design guidelines or conditions of purchase/sale agreement(s). Uses and Site Planning • Create a "village" character with pedestrian gathering spaces. • Create an attractive street front along SR104 as an entry into downtown, with a pedestrian and visual "gateway" at the SR104/Dayton Street intersection. • Locate most of the residential development in the southeast corner and southern part of the site in a village setting or well landscaped complex. • Introduce a mix of uses that complement downtown and that provide optimal tax revenue and other benefits to the City and Port, including pedestrian oriented retail and a residential mix geared toward a range of incomes. Circulation, Traffic and Parking • Provide vehicular access from Dayton Street approximately midway between SR104 and the railroad. • Locate most of the parking near the western perimeter of the site, next to the railroad. Parking could be enclosed in an above ground structure designed to serve the entire site. • Keep interior streets narrow to slow traffic and put the emphasis on pedestrians. • Provide for bicycle circulation with shared use trails, bike lanes and/or safe shared lanes on internal streets. Public Amenities • Create a pedestrian entry plaza to Harbor Square that invites public use and provides a visual gateway to Edmonds Marsh from the intersection at SR104/Dayton Street. This public entry point will serve as a key link to downtown Edmonds and also create a pedestrian focus such as a village green or public plaza in the center of Harbor Square that provides space for public activities such as concerts, performances, fairs or an outdoor market. • Establish a pedestrian friendly esplanade with compatible adjacent activities and building facades that extends from the public plaza at the corner of SR104/Dayton Street across Harbor Square to Edmonds Marsh.. • Create active sidewalk/pedestrian areas with retail spaces that open onto the Dayton Street W sidewalk. Small scale pedestrian spaces should be integrated between the development and the streetscape. New or Expanded Elements of the Port of Edmonds Master Plan rj Packet Page 236 of 267 • Connect pedestrian walkways to linkages around Edmonds Marsh and to City-wide bike and pedestrian routes. Orient development in a manner that connects Harbor Square to downtown and the waterfront. • Provide direct pedestrian access to Edmonds Marsh from SR104. • Provide a civic/cultural/view point/interpretive element within the development as a public benefit. • Include bicycle connections and facilities (e.g.: storage racks) in circulation and open space planning. consistent with a village scale Flexible (retaillresidential) space on the ground floor Visual connection from �-��' = ` Dayton/SIR corner through the site to the marsh----,� Internal site connection to the marsh trail as well as the city wide trail system Pedestrian oriented central esplanade with Low Impact Development (LID) elements such as pervious pavement, rain gardens, etc. Public spaces for onsite residents and Edmonds as a whole Pedestrian friendly esplanade extending from public plaza at corner of SR104/Dayton Street across Harbor Square to Edmonds Marsh Sustainability Edmond's Comprehensive Plan includes a Community Sustainability Element with goals and poli- cies to increase the city's sustainability based on three principles: flexibilityto adapt to changing conditions, a holistic approach that integrates multiple actions to address the broad range of issues and a long term perspective that extends beyond the typical 20 year GMA time frame. Among the most relevant of this section's policies are: (See pages 19 through 26 in the 2010 Comprehensive Plan) New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 237 of 267 e A.3 Integrate land use plans and implementation tools with transportation, housing, cultural and recreational, and economic development planning so as to form a cohesive and mutually -supporting whole. B.1 Undertake a multi -modal approach to transportation planning that promotes an integrated system of auto, transit, biking, walking and other forms of transportation designed to effectively support mobility and access. 8.4 When undertaking transportation planning and service decisions, evaluate and encourage land use patterns and policies that support a sustainable transportation system. D.3 Explore and employ alternative systems and techniques, such as life -cycle cost analysis, designed to maximize investments and/or reduce ongoing maintenance and facilities costs. E.4 Land use and regulatory schemes should be designed to encourage and support the ability of local residents to work, shop, and obtain services locally F.2 Recreational opportunities and programming should be integrated holistically into the City's infrastructure and planning process G.1 Land use and housing programs should be designed to provide for existing housing needs while providing flexibility to adapt to evolving housing needs and choices. G.2 Housing should be viewed as a community resource, providing opportunities for residents to choose to stay in the community as their needs and resources evolve and change over time. The Harbor Square Master Plan responds to these policies in several ways. The multi -functional uses proposed for the site and the connections to downtown and the waterfront called for in Master Plan's Planning Principles reflect the objectives of policies A.3 and EA Proximity and connections to bus, rail and ferry service respond to the transportation policies, especially B.1 and B.4. The Master Plan provisions directly below include an emphasis on green building and green infrastructure solu- tions as called for in Policy D.3 and the integrated pedestrian and bicycle scheme and supporting principles as well as provision for the athletic club and the marsh boardwalk address Policy F.2's call for integrated recreational opportunities. Finally, the Master Plan encourages a residential type and setting unique in Edmonds. Below are additional provisions to Edmonds' sustainability objec- tives. • Incorporate into individual buildings and the overall site redevelopment both low energy and low water consumption techniques, as well as other strategies to minimize carbon footprint. Employ alternative systems and techniques, such as life -cycle cost analysis, designed to maximize investments and/or reduce ongoing maintenance and facilities costs Provide improved natural vegetated buffers and building setbacks to protect and enhance Edmonds Marsh. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 238 of 267 • Incorporate low impact development (LID) elements, such as pervious pavements and rain gardens to reduce undesirable run-off. • Contribute to day -lighting Willow Creek and improving the site's ecological value. Dayton Street sidewalk character Physical Design Criteria In order to direct the development of Harbor Square in an orderly manner to create a unified and attractive complex, the Port of Edmonds will establish design standards or guidelines that direct the design of individual buildings and spaces. The standards or guidelines will be used along with other zoning code and municipal code regulations to review projects within Harbor Square. The criteria are intended to be consistent with and implement the following goals and policies in Edmonds Comprehensive Plan Downtown Waterfront Activity Center element: New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 239 of 267 E.14. Encourage opportunities for new development and redevelopment which reinforce Edmonds' attractive, small town pedestrian oriented character. Provide incentives to encourage adaptive reuse as an alternative to redevelopment of historic structures in order to preserve these resources. These historic structures are a key component of the small town character of Edmonds and its economic viability. Height limits that reinforce and require pedestrian -scale development are an important part of this quality of life, and should be implemented through zoning regulations and design guidelines. • E.17. Provide pedestrian -oriented amenities for citizens and visitors throughout the downtown waterfront area, including such things as: o Weather protection, o Street trees and flower baskets, o Street furniture, o Public art and art integrated into private developments, o Pocket parks, o Signage and other way -finding devices, o Restrooms. E 18. Strive for the elimination of overhead wires and poles whenever possible. E.19. Coordinate new building design with old structure restoration and renovation. E20. Develop sign regulations that support the pedestrian character of downtown, encouraging signage to assist in locating businesses and public and cultural facilities while discouraging obtrusive and garish signage which detracts from downtown pedestrian and cultural amenities. E21. Provide lighting for streets and public areas that is designed to promote comfort, security, and aesthetic beauty. • E.22. Building design should discourage automobile access and curb cuts that interfere with pedestrian activity and break up the streetscape. Encourage the use of alley entrances and courtyards to beautify the back alleys in the commercial and mixed use areas in the downtown area. The criteria described below present the general objectives and parameters that the standards or guidelines will implement. The physical design criteria for Harbor Square are necessarily general in nature because a specific lay -out for the complex will depend on development considerations and opportunities at the time. As noted above, they are intended to provide general guidance rather than serve as immutable standards. See site development objectives the Uses and Site Planning, Circulation and Traffic, and Public amenities sections. Height and Bulk Buildings should be no higher than 55' above grade except for 1) roof -top equipment and other appurtenances that are not visible from ground level and do not block significant views, and 2) special architectural features such as a tower, sculpture, etc. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 240 of 267 9 All structures above 35' in height should not diminish the "human scale" experience of pedestrians on Dayton Street or decrease sunlight on the street. To that end, all buildings over 35' should be set back at least 1' horizontally away from Dayton Street for every 1' in height above 35' above grade. (This results in in significant additional sun shading or perception of a taller building by a pedestrian on Dayton.) The schematic section below illustrates these relationships. Buildings modulated and enhanced with landscaping to provide pleasant pedestrian promenade from 104th/Dayton to the Marsh trail Buildings along All portions of buildings Dayton Avenue no (above 35' tall) set back taller than 4 from Dayton St. stories - sidewalk at least one foot horizontally for every one foot in height above 35' r: Ir.;n Vegetated setback & marsh Pedestrian oriented enhancements and boardwalk commercial activities on per Edmonds SMP ground floor along Dayton St. SCHEMATIC SECTION THROUGH HARBOR SQUARE LOOKING WEST Illustrating basic building height and setback requirements Dayton St. Furthermore, the "average building height" of all buildings on the Harbor Square site, taken as a whole shall not exceed 45'. The means of calculating "average building height" shall be as stated in the notes at the end of this Master Plan. Setbacks and Ecological Enhancements along Edmonds Marsh All development within shoreline jurisdiction is subject to the provisions of Edmonds Shoreline Master Program (SMP). Therefore, new buildings and development, including clearing, grading parking areas, etc. will comply with the SMP. Additionally, the Port is committed to improving the ecological health of the marsh and will ensure that new development along the marsh will increase ecological functions. Envisioned improvements include: on -site storm water improvements per the City's Storm Water Management regulations (which will improve water quality), vegetation plantings (buffers), and a nature viewing boardwalk. Small Scale Buildings All buildings should employ horizontal and vertical articulation and other architectural methods to maintain the small scale of Downtown Edmonds. Articulation means placing emphasis on architectural elements such as windows, balconies, fagade modulation, rooflines, etc to visually break down the fagade of a building into smaller pieces. Modulation is the stepping back or projecting forward of portions of a building facade as a means of breaking up the building's apparent bulk. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 241 of 267 10 In general, the articulation should be designed to reduce the scale of buildings so that the horizontal module is no greater than 60' in width. These preliminary dimensional provisions are intended to respond to Downtown Edmonds' historic 60' lot pattern and traditional architecture. Buildings over 35' in height should be horizontally articulated with upper story setbacks, different materials or window patterns on different stories, balconies, canopies or other means. Street Orientation Dayton Street Frontage The ground floor of buildings fronting on Dayton Street should feature "pedestrian oriented facades" and "pedestrian oriented uses". A "pedestrian oriented fagade" is one with transparent windows or window displays along most of the fagade front, pedestrian weather protection, signs oriented to the pedestrian rather than to the automobile passenger, a prominent building entry and other amenities such as building details, lighting, street furniture, etc. A "pedestrian oriented use" is a use that emphasizes human activity on the street such as retail shops, eating and drinking establishments, personal services and service oriented offices, etc. Buildings fronting on Dayton Street should either front directly on the street or be separated by a pedestrian oriented space such as a plaza, garden, outdoor seating area, etc. The sidewalk should be at least 15' wide. SR 104 Frontage The site frontage along SR 104 should feature either pedestrian oriented facades or attractive landscaping sufficient to screen the majority of building facades and all parking areas. There should be a pedestrian path along the entire SR 104 frontage. If WSDOT is amenable, the Port should enter into an agreement with WSDOT to improve the SR 104 ROW on the west side of the roadway to provide a much better streetscape, development edge and entry into downtown. Improvements should include street trees, landscaping, and if appropriate, a shared use (bike/pedestrian) trail. Architectural Character Provide for a well landscaped, Northwest oriented, small-town development character. Site Design and Landscaping Use green space that relates to and complements the adjacent uses. Use landscaping to create buffers between sidewalks and adjacent roadways. Notes: Average Building Height" shall be calculated by.• 1. First, multiplying the foot print of each building on the Harbor Square site (as defined in the Harbor Square Master Plan) times the height (as defined in Edmonds Zoning Code) of the New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 242 of 267 11 respective building. (See conditions below for buildings with multiple heights) This calcu- lation will yield the volume for each building. 2. Then, adding together the products calculated in step 1 (building volumes) and dividing that sum by the sum of all building footprints on the Harbor Square site. Provided that: Existing and proposed buildings will be included in the calculations • Where the height of a building varies from portion to another (e.g.: one wing of a building is 3 stories in height and another wing is 5 stories high.) then the building volume (height x foot- print) of each building portion shall be calculated separately. The height of buildings with pitched roofs shall be calculated as the average of the height of the ridge and the lower ea ve. • For phased development where a portion of the site is developed, the maximum average building height for an early phase may exceed 45' if the average height of all buildings on site is less than 45' for all subsequent phases. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 243 of 267 12 Harbor Square Subarea Plan City Council Discussion Draft I March 19, 2013 Notes: This is a discussion draft attempting to illustrate how the Master Plan could be adjusted to respond to some of the public hearing concerns and Council discussion. In general, more details are left to a future zoning process, with any height considerations to be arrived at through an incentive system that would be included in a proposed zoning ordinance. Introduction The Harbor Square Subarea Plan has been prepared as an amendment to the City of Edmonds Comprehensive Plan. Its purpose is to provide a framework and solid foundation for the eventual redevelopment of the 11-acre site into a community asset that will contribute to the City's economic, environmental, and community sustainability. The intent is to take advantage of the subarea's unique location and attributes, including its: • location adjoining the Edmonds Marsh; • proximity to different modes of transit; • located at the bottom of "the bowl", at the southern end of public view corridors; • key location, near both downtown and the city's waterfront • potential ability to take advantage of unique infrastructure opportunities, such as public fiber networks or district heating from the treatment plant. Harbor Square is an important component of the Port's overall property holdings and when redeveloped will further the Port's statutory directive of "engaging in economic development programs" to benefit constituents of the Port District as well as the overall Edmonds community. The Harbor Square Subarea Plan provides important site planning and design principles to be used for future development plans. Because it is a conceptual plan, this subarea plan does not establish any specific amount of square footage (commercial or retail) or any specific number of dwelling units. Following approval of the subarea plan by the Edmonds City Council, the City and Port will engage in more detailed planning to address project issues including rezoning of the site, site layout, design issues, impact mitigation and other site development issues. Resolution of project issues may occur through the preparation and approval of a rezone and/or development agreement involving the City, the Port and, possibly, a selected developer. Implementation of the Harbor Square Subarea Plan is intended to be adopted as a subarea plan consistent with the City of Edmonds Comprehensive Plan goals and policies for the Downtown Waterfront Activity Center. The subarea lies within the "Downtown Master Plan" district identified in Packet Page 244 of 267 the Downtown Waterfront Activity Center, and provides additional guidance for the future development of the Port's Harbor Square property. The plan will be implemented over a number of years, with the timeline depending on such factors as the economic climate, existing lease arrangements, and site planning considerations. Redevelopment Objectives and Concepts A key objective of the plan is that redevelopment of Harbor Square should complement and enhance the other features of the downtown/waterfront area that make it uniquely "Edmonds." These include such things as an active waterfront, natural amenities (notably Edmonds Marsh and the nearby trails and walkways), a pedestrian -oriented downtown that serves as both a business and employment center, and important multi modal transit facilities that provide benefits to both local and regional residents. In recognizing these features and amenities, certain potential concepts emerge that could take advantage of the unique opportunities that the subarea presents: Include a multi -use public space that offers opportunities for community gatherings and events, and providing opportunities to enhance the arts. Protect and enhance the Edmonds Marsh while providing enhanced public use areas and bike and pedestrian pathways that contribute to the larger downtown/waterfront activity area, improving connections between the waterfront and other parts of downtown. Focus on planning for and attracting employers and businesses who could provide a stimulus to the local economy and that take advantage of the site location. The availability of public fiber networks and transit could offer an attractive environment for technology or biotech companies, or arts or business incubators that are more dependent on community amenities and innovation rather than the scale advantages found in larger employment centers. Emphasize a mix of uses that contribute to an active subarea, which should focus on its location and potential for connections between the marsh, the waterfront, and downtown. Residential uses may be allowed that enhance this role, but should not be the principal use of the site. Apply a high level of sustainability principles in the site planning, infrastructure, and building design that takes place within the subarea. The result should be an example for the community to showcase and apply elsewhere. There are numerous examples of similar concepts employed successfully elsewhere. For example, Portland's Pearl District includes the idea of renovation and redevelopment of an older commercial/industrial district into a mixed use zone which includes public open space (Jamison Square) and ecological New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 245 of 267 G restoration (Tanner Springs Park). Themed redevelopment could leverage current interest in small industries such as breweries/brew pubs or arts workshops and galleries, similar to what the City of Tacoma is promoting for parts of its Brewery District. Farmers or arts markets could also be a feature included in this type of plan. Similarly, redevelopment of Harbor Square could seek to encourage space for incubator or start-up businesses, such as the TechStars or SURF Incubators in Seattle or the Environmental Business Cluster in i San Jose. Live/work space for artists a`P patterned after the Artspace Everett hem Lofts could also fit with these '� r t� � 0- 68L suaYcr �+ ' xS VE concepts. � 1 �"l `!` 5��:, p Wulf I• � � The Port of Edmonds has identified opportunities to redevelop the Harbor Square site with a mix of uses that promote economic development, environmental responsibility, and a high quality design character. The redevelopment concept includes increased public access opportunities and other amenities that capitalize on the site's waterfront setting and adjacency to Edmonds Marsh. Public benefits include an expanded tax base, increased downtown activity, enhanced connections between downtown and the waterfront, an improved pedestrian environment, promotion of transit oriented development, improved ecology, and increased waterfront view opportunities with public gathering places. Plan Elements The Port will incorporate the following elements into the redevelopment of Harbor Square through design guidelines or conditions of purchase/sale agreement(s). Uses and Site Planning • Create a "village" character with pedestrian gathering spaces. • Create an attractive street front along SR104 as an entry into downtown, with a pedestrian and visual "gateway" at the SR104/Dayton Street intersection. • Introduce a mix of uses that complement downtown and that further the redevelopment objectives and concepts identified in this plan (see discussion, above). Ensure that the public view corridor down Dayton Street is preserved and enhanced. Circulation, Traffic and Parking Provide vehicular access from Dayton Street approximately midway between SR104 and the railroad. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 246 of 267 3 Locate most of the parking near the western perimeter of the site, next to the railroad. Parking could be enclosed in an above ground structure designed to serve the entire site. Keep interior streets narrow to slow traffic and put the emphasis on pedestrians. Provide for bicycle circulation with shared use trails, bike lanes and/or safe shared lanes on internal streets. Public Amenities Establish a pedestrian friendly esplanade with compatible adjacent activities and building facades that extends from the public plaza at the corner of SR104/Dayton Street across Harbor Square to Edmonds Marsh.. Create active sidewalk/pedestrian areas with retail or other pedestrian -oriented spaces that open onto the Dayton Street sidewalk. Small scale pedestrian spaces should be integrated between the development and the streetscape. Whenever possible, spaces should be designed to be flexible and multi -use. Connect pedestrian walkways to linkages around Edmonds Marsh and to City-wide bike and pedestrian routes. Orient development in a manner that connects Harbor Square to downtown and the waterfront, and that recognizes the vistas toward the Marsh and Puget Sound. Provide direct pedestrian access to Edmonds Marsh from SR104. Include bicycle connections and facilities (e.g. storage racks) in circulation and open space planning. Sustainability Edmonds' Comprehensive Plan includes a Community Sustainability Element with goals and policies to increase the city's sustainability based on three principles: flexibility to adapt to changing conditions, a holistic approach that integrates multiple actions to address the broad range of issues and a long term perspective that extends beyond the typical 20 year GMA time frame. The Harbor Square Subarea Plan is intended to provide a planning framework consistent with the city's sustainability principles. The multi -functional uses proposed for the site and the connections to downtown and the waterfront are intended to support the ability of Edmonds residents to work, shop and obtain service locally, while also serving to promote and support the local economy. Proximity and connections to bus, rail and ferry service respond to the need to integrate land use and transportation. The Subarea Plan provisions directly below include an emphasis on green building and green infra- structure solutions, and the integrated pedestrian and bicycle scheme and supporting principles as well as provision for the athletic club and the marsh boardwalk address the need for integrated rec- New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 247 of 267 M reational opportunities. Below are additional provisions to Edmonds' sustainability objectives. • Incorporate into individual buildings and the overall site redevelopment both low energy and low water consumption techniques, as well as other strategies to minimize carbon footprint. • Employ alternative systems and techniques, such as life -cycle cost analysis, designed to maximize investments and/or reduce ongoing maintenance and facilities costs • Incorporate low impact development (LID) elements, such as pervious pavements and rain gardens to reduce undesirable run-off. stories stepped back to mass High quality design features with long lasting materials Connection to the Landscape buffer between the sidewalk and traffic Spaces for pedestrian activity and gatherings and retail spaces opening onto the sidewalk Pedestrian oriented retail along Dayton Physical Design Criteria In order to direct the development of Harbor Square in an orderly manner and create a unified and attractive complex, the Port of Edmonds will develop design standards and/or guidelines that direct the design of individual buildings and spaces. The standards or guidelines will be used along with other zoning code and municipal code regulations to review projects within Harbor Square. The criteria are intended to be consistent with and implement the goals and policies in the Edmonds Comprehensive Plan Downtown Waterfront Activity Center element: The physical design criteria for Harbor Square are necessarily general in nature because a specific lay -out for the complex will depend on development considerations and opportunities at the time. As noted above, they are intended to provide general guidance rather than serve as immutable New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 248 of 267 5 standards. See site development objectives the Uses and Site Planning, Circulation and Traffic, and Public amenities sections. Height and Bulk To implement the plan, future zoning shall provide for a base zoning height no higher than 35' above grade. The zoning may authorize additional bonus height, provided that any bonus height options may only be achieved through the provision of public benefits and/or amenities to be detailed in a subsequent zoning ordinance. The following public benefits and/or amenities are examples of the range of items that might be required in a future zoning ordinance to achieve bonus height on portions of the Harbor Square site [option: up to a maximum of 451: Contribute to day -lighting Willow Creek and improving the site's ecological value. Provide improved natural vegetated buffers and building setbacks to protect and enhance Edmonds Marsh. Provide a civic/cultural/view point/interpretive element within the development as a public benefit. Create a pedestrian entry plaza to Harbor Square that invites public use and provides a visual gateway to Edmonds Marsh from the intersection at SR104/Dayton Street. This public entry point will serve as a key link to downtown Edmonds and also create a pedestrian focus such as a village green or public plaza in the center of Harbor Square that provides space for public activities such as concerts, performances, fairs or an outdoor market. Establish a transfer of development rights program that serves to protect or reduce heights in another sensitive location — identified by the City — in exchange for a height increase at Harbor Square. Setbacks and Ecological Enhancements along Edmonds Marsh All development within shoreline jurisdiction is subject to the provisions of the Edmonds Shoreline Master Program (SMP). Therefore, new buildings and development, including clearing, grading parking areas, etc. will comply with the SMP. Additionally, the Port is committed to improving the ecological health of the marsh and will ensure that new development along the marsh will increase ecological functions. Envisioned improvements could include such features as on -site storm water improvements to improve drainage and water quality, enhanced or restored vegetation plantings and buffers, and a nature viewing boardwalk. Pedestrian Scale Buildings All buildings should employ horizontal and vertical articulation and other architectural methods to maintain the pedestrian scale found in Downtown Edmonds. Articulation means placing emphasis on architectural elements such as windows, balconies, fagade modulation, rooflines, etc to visually break down the fagade of a building into smaller pieces. Modulation is the differential treatment of a building's fagade as a means of breaking up the building's apparent bulk. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 249 of 267 i In general, the articulation should be designed to reduce the scale of buildings so that the horizontal module is no greater than 60' in width. These preliminary dimensional provisions are intended to respond to Downtown Edmonds' historic 60' lot pattern and traditional architecture. Street Orientation Dayton Street Frontage The ground floor of buildings fronting on Dayton Street should feature "pedestrian oriented facades" and "pedestrian oriented uses". A "pedestrian oriented fagade" is one with transparent windows or window displays along most of the fagade front, pedestrian weather protection, signs oriented to the pedestrian rather than to the automobile passenger, a prominent building entry and other amenities such as building details, lighting, street furniture, artwork, etc. A "pedestrian oriented use" is a use that emphasizes human activity on the street such as retail shops, eating and drinking establishments, personal services and service oriented offices, etc. Where these types of uses are not envisioned, artwork, open space, or other amenities could be placed to invite public interaction and interest. Buildings fronting on Dayton Street should either front directly on the street or be separated by a pedestrian oriented space such as a plaza, garden, outdoor seating area, etc. The sidewalk should be at least 15' wide. Consideration should be given to enhance street -side parking to support separating human activity from the traffic along Dayton Street. SR 104 Frontage The site frontage along SR 104 should feature either pedestrian oriented facades or attractive landscaping sufficient to screen the majority of building facades and all parking areas. There should be a pedestrian/multi-use path along the entire SR 104 frontage with connections to other existing and potential walkways. The Port should enter into an agreement with WSDOT to improve the SR 104 ROW on the west side of the roadway to provide a much better streetscape, development edge and entry into downtown. Improvements should include street trees, landscaping, and if appropriate, a shared use (bike/pedestrian) trail. Site Design and Landscaping Use green space that relates to and complements the adjacent uses. Use landscaping to create buffers between sidewalks and adjacent roadways. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 250 of 267 Harbor S uare Master Plan Council Comments/Suggestions Communicated to Staff How addressed in revised HSMP Residential Uses Comments regarding residential uses from the Council and citizens 1. No residential uses during the Public Hearing process were varied. In the revised HSMP, 2. Limit the extent of residential uses residential uses may be allowed to complement or enhance the overall a. Limit number of units development concept of Harbor Square, but should not be the principal b. Limit location along marsh use of the site. (Page 2) c. Provide for affordable housing d. Encourage live/work units 3. Allow residential development Height and Bulk Height: Heights are addressed on Page 6 of the revised HSMP. Base 1. Keep maximum height at 35 feet zoning heights are limited to 35 feet (as is currently allowed on the site) 2. Base height at 35 feet with possible increase in heights with with potential bonus heights if public benefits and/or amenities are incentives provide or a development rights transfer program is established. An 3. No mention of heights in Comprehensive Plan option is provided to cap any potential increase in height at 45 feet. 4. Establish a transfer of development rights program 5. Development should be pedestrian scale Bulk/Pedestrian Scale: Bulk and pedestrian scale design is addressed in 6. Limit building bulk a number of places in the HSMP including the following sections; Use and Site Planning (Page 3), Public Amenities (Page 4), Height and Bulk (Page 6), Pedestrian Scale Buildings (Pages 6 — 7), Street Orientation (Page 7), and Site Design and Landscaping (Pagel). Page 1 of 5 Packet Page 251 of 267 Harbor S uare Master Plan Council Comments/Suggestions Communicated to Staff How addressed in revised HSMP Buffers, Setbacks, and other Environmental Issues Setbacks and buffers from the Edmonds Marsh will be proscribed 1. Redevelopment not allowed in current "developed footprint". within the updated Shoreline Master Program, which is currently under New development must meet SMP and CAO buffers. review by the City Council. Any future development or redevelopment 2. Provide adequate buffers and setbacks to protect marsh at Harbor Square must comply with the SMP as noted on Page 6 of the 3. Geological Hazard (liquefaction) HSMP. 4. Flooding The HSMP also emphasizes green building and green infrastructure (LID techniques) as noted in the Sustainability section on Pages 4 — 5. Contributing to the day -lighting of Willow Creek and improving the buffers surrounding the Edmonds Marsh are also highlighted as potential incentives under the Height and Bulk section on Page 6. Geological hazard and flooding issues are items that will be dealt with during project level SEPA review. Incorporation into City's Comprehensive Plan The Planning Board recommended that the HSMP be incorporated in 1. Subarea Plan the City's Comprehensive Plan rather just be incorporated by reference 2. Incorporate full text of HSMP (PB Recommendation #12). Whether the HSMP is incorporated 3. Incorporate by reference completely into the Comprehensive Plan or adopted by reference, the effect is the same in that the HSMP would then be part of the City's Comprehensive Plan. This can be implemented through the adopting ordinance. Treating the HSMP as a subarea plan specifically emphasizes that the master plan only applies to the Harbor Square property. Additionally, considering the HSMP as a subarea plan addresses a recommendation from the Planning Board (PB Recommendation #10) that language from the City Attorney's memorandum be incorporated into the adoption of the HSMP. Page 2 of 5 Packet Page 252 of 267 Harbor S uare Master Plan Council Comments/Suggestions Communicated to Staff How addressed in revised HSMP Special Districts or Incentive Zoning: All these ideas are supported in the Redevelopment Objectives and 1. Brewery/distillery/brew pub zone Concepts narrative on Pages 2 — 3 of the HSMP. 2. Create district energy area using waste heat from sewer treatment plant 3. Campus for tech firm or other business 4. Tourists destination (small hotels with first floor restaurants, nightclubs, cafes, art galleries, studios, small shops that sell a variety of item these shops that may sell locally made arts, crafts, and jewelry). 5. Year-round farmers market 6. Roger Brooks' Concepts Parking Parking provided at a redeveloped Harbor Square will have to be 1. Limit parking requirements for residences in order to encourage consistent with the City's off street parking regulations as contained in a single car ECDC 17.50, unless modified in a future zoning change approved by 2. Parking must be adequate for any development Council. Connectivity Improving the connections between the waterfront and downtown is 1. Provide connectivity between waterfront and downtown emphasized in the Redevelopment Objectives and Concepts on Pages 2 2. Provide connectivity to trains, ferries, and buses. — 3. The Public Amenities section on Page 4 also recognizes the need for connections between the waterfront and downtown. Also the Sustainability section on Page 4 notes that the proximity to bus, rail and ferry respond to the need to integrate land use and transportation. Page 3 of 5 Packet Page 253 of 267 Planning Board Recommendations: 1. Building heights shall be limited to 45 feet and consideration may be given for heights up to 55 feet if the development proposal includes significant public amenities and/or sustainable design certification such as LEED Platinum. 2. Development proposals should place the tallest buildings towards the south and west boundaries of the property. 3. Buildings along Dayton Street should be limited to 35 feet in height. 4. Development plans shall ensure that the Public View Corridor down Dayton Street is preserved and enhanced. 5. On page 5 of the Harbor Square Master Plan under "Circulation, Traffic and Parking", an additional sentence should be added to read: "The absence of available off -site parking requires that adequate parking allowance be made to accommodate all customer, employee and resident vehicles during peak use times." 6. At the bottom of page 9 of the Harbor Square Master Plan, the exception to the 55 foot height limit for special architectural features such as a tower, sculpture, etc. should be deleted. 7. In the graphic "Schematic Section through Harbor Square Looking West" on page 10, the annotation as to "setback" above 35 feet along Dayton Street should be revised to "building step back". 8. An additional sentence should be added to the "Dayton Street Frontage" section on page 11 of the Harbor Square Master Plan to read: "Consideration should be given to enhance street -side parking to support separating human activity from the traffic along Dayton Street." 9. On page 11 of the Harbor Square Master Plan under "SR 104 Frontage", "If WSDOT is amendable" should be stricken from the beginning of the third sentence. 10. The Edmonds City Attorney shall develop language consistent with the memorandum dated September 6, 2012 to be incorporated into the City's adoption of the Comprehensive Questions of have been raised about how the Planning Board's recommendations will be incorporated in the HSMP. Some of the recommendations from the Planning Board are no longer applicable with regard to the revised master plan while other recommendations have been incorporated. Below is a summary of how the Planning Board's recommendations have been addressed in the current draft of the HSMP. 1. The specific building heights in the recommendation are no longer applicable. The possibility of allowing some additional height through incentive zoning if certain public amenities are provided has been incorporated in the HSMP in the Height and Bulk section on Page 6. 2. With a base height of 35 feet spelled out in the current draft of the HSMP, this condition is less relevant. If during a subsequent rezone public amenities are provided and a height bonus granted, design and location of the taller building will be addressed at that time. 3. Base height has been limited to 35 feet for the entire site. 4. Language from this condition has been added under the Uses and Site Planning section on Page 3. 5. As noted above, parking provided at a redeveloped Harbor Square will have to be consistent with the City's off street parking regulations as contained in ECDC 17.50. The standards contained in ECDC 17.50 are intended to ensure that adequate off street parking is provided for all uses on a redeveloped Harbor Square. Only a zoning change approved by Council could alter parking requirements. 6. The base height of 35 feet may only be exceeded if public benefits and/or amenities are provided (Page 6). 7. The referenced graphic has been removed from the HSMP. 8. Language has been added under the Dayton Street Frontage Section on Page 7. 9. Wording has been removed under the SR 104 Frontage section on Page 7. Page 4 of 5 Packet Page 254 of 267 Plan addressing height limits, precedent, and views. 10. The City Attorney memorandum addressed three issues. 11. Clarifying language should be added to the Harbor Square a. The height issue is addressed by limiting base height to 35 Master Plan that residential uses must be multifamily and not feet. Any increase in height above 35 feet could only be single-family residential. accomplished through incentive zoning approved by 12. If and when the Harbor Square Master Plan is adopted by the Council. City Council, it should be physically incorporated into the b. Concern with regard to precedent is addressed by treating Comprehensive Plan rather than incorporated by reference. the HSMP as a subarea plan. 13. Any future development proposal shall clearly demark and c. The third question addressed by the City Attorney's provide protection for the Edmonds Marsh by establishing an memorandum had to do with the protection of private area of open space not less than 25 feet landward from the edge views. No specific language with regard to this item has of the Edmonds Marsh and ensure any development preserves been addressed. The memo noted the City has discretion or improves the Edmonds Marsh Park/Walkway. in how it addresses private views. Private view protection 14. The approved Master Plan shall be modified as necessary to is not mentioned in any of the City's Planning Documents maintain consistency with the Shoreline Master Program update or codes. However, as noted in the City Attorney's to be determined following submittal by the City and approved memorandum (Attachment 22 from the November 20, by the State in accordance with process deadlines existent 2012 agenda item on the HSMP), the City has designated between the State and the City. specific public view corridors (See page 58 of the Comprehensive Plan). Protection of the Dayton Street view corridor is called out under the Use and Site Planning section on Page 3. Additionally, language with regard to the Attorney memorandum could be incorporated in the adopting ordinance. 11. No specific language with regard to multifamily development has been added. As noted above, residential development in Harbor Square should not be the principle use, but provide to enhance and support the mixed use nature of Harbor Square. Any more specific provisions regarding residential uses would be the subject of a future rezone approved by Council. 12. See above with regard to incorporating the HSMP. 13. As noted above, setback from the marsh will be determined by the updated Shoreline Master Program currently under review by the City Council. 14. The Setbacks and Ecological Enhancements along Edmonds Marsh section on Page 6 recognizing the HSMP must comply with the HSMP. Page 5 of 5 Packet Page 255 of 267 This area is appropriate for development which takes advantage of its fiber access and strategic location between the waterfront and downtown, but which recognizes the environmental and geographic constraints of the area. . Ultimately, perhaps with the assistance of WRIA 8, Snohomish County Conservation Fu- tures, and other organizations, the southern portion of the near water- front area will be used for an expanded Marsh and/or Marsh buffer. To provide a necessary connection between downtown and the water- front. �t redevelopment in #iris the near waterfront area shall b� provide pedestrian friendly walking ar- eas and public gathering spaces or parks, especially along Dayton and Main Streets. Public view corridors along Dayton and Main Street shall be maintained, and enhanced where possible (former Skippers site). Development design should also not ignore the railroad side of the prop- erties, since this is an area that provides a "first impression" of the city from railroad passengers and visitors to the waterfront. Art work, land- scaping, and modulated building design should be used throughout any redevelopment project. Due to view corridors and the need to maintain a pedestrian scale and small town character, building heights may not be increased, and build- ing bulk shall be limited. Parking must be adequate for any development, due to the need to also provide parking for the waterfront, the train station, and the ferry dock. Development shall include a destination for Edmonds residents and visi- tors, including but not limited to recreational, cultural, dining, lodging, hobby, commercial, tourist or entertainment attractions. Development shall not duplicate existing small scale retail or mixed use development or existing housing stock. Traditional housing such as mixed use, multi- family, transit oriented and condominimum uses shall be avoided, though a modest number of non-traditional housing options such as artist live/work studios may be considered in areas with adequate public ser- vices that are not geologically or otherwise hazardous. Packet Page 256 of 267 From: Clifton, Stephen To: Lien. Kernen; Earling, Dave Subject: FW: Draft comprehensive plan amendment Date: Wednesday, February 27, 2013 11:51:52 AM -----Original Message ----- From: Monillas, Adrienne Sent: Wednesday, February 27, 2013 11:44 AM To: Clifton, Stephen Cc: Petso, Lora; Chave, Rob; Taraday, Jeff Subject: Re: Draft comprehensive plan amendment By the way how does the 14 recommendations of the planning board get incorporated into the plan??? Adrienne Fraley-Monillas Sent from my Pad On Feb 25, 2013, at 6:33 PM, "Monillas, Adrienne" <Adrienne.Monillas@edmondswa.gov> wrote: > Thanks Lora for your thoughts. > I would also like my "vision" added to the plan. > I would like to see this become a tourist destination. I vision multiple small hotels with first floor restaurants, nightclubs, cafes, art gallery's, studios, small shops that sell a variety of item these shops that may sell locally made arts, crafts, and jewelry. To include a year round farmers market in this space. This area should provide connectivity to trains, ferries and buses. This needs to be a walkable area only. > No more height than current zoning. > I would like to see a safe buffer for the marsh and care taken to maintain the fragile environmental aspects. > In my extensive travels the past couple of years internationally and nationally tourists are attracted to this type of development and they bring resources with them. > edmonds needs to become a destination! > Adrienne Fraley-Monillas > Sent from my Pad > On Feb 25, 2013, at 5:09 PM, "Petso, Lora" <Lora.Petso@edmondswa.gov> wrote: >> Stephen/Rob- >> I created the attached draft comprehensive plan amendment based on the public comment, and shared it with council via bcc. >> Since this version deals with entire near waterfront area, I will also work on a version that is specific to Harbor Square, and leaves the rest of the area as is. >> It is just a draft, but it includes most of the ideas raised in public comments. >> Lora Packet Page 257 of 267 >> 2-23-2013 4 42 05 PM >> <2-23-2013 4_42_05 PM.pdf> Packet Page 258 of 267 AM-5597 City Council Meeting Meeting Date: 03/19/2013 Time: 15 Minutes Submitted By: Sandy Chase Department: Review Committee: Type: City Clerk's Office Information Information Subject Title Report on City Council Committee Meetings of March 12, 2013. Recommendation N/A Previous Council Action N/A Narrative Committee Action: Attached are copies of the meeting minutes for the following City Council Committees: •03-12-13 Finance Committee Meeting •03-12-13 Parks, Planning and Public Works Committee Meeting •03-12-13 Public Works and Personnel Committee Meeting Attachments 03-12-13 Finance Committee Minutes 03-12-13 Parks, Planning and PW Committee Minutes 03-12-13 Public Safety and Personnel Committee Minutes Inbox Mayor Finalize for Agenda Form Started By: Sandy Chase Final Approval Date: 03/15/2013 Form Review Reviewed By Date Dave Earling 03/15/2013 08:24 AM Linda Hynd 03/15/2013 09:02 AM Started On:03/14/2013 11:09 AM Packet Page 259 of 267 FINANCE COMMITTEE MEETING MINUTES March 12, 2013 Councilmembers Present Staff Present Councilmember Yamamoto Ronald Cone, Interim Finance Director Councilmember Fraley-Monillas Stephen Clifton, Comm. Svcs./Econ. Dev. Dir. Council President Petso Phil Williams, Public Works Director Public Present Carrie Hite, Parks and Recreation Director Ron Wambolt Deb Sharp, Accountant Roger Hertrich Sarah Major, Accountant Bruce Witenberg Jeannie Dines, Recorder Councilmember Yamamoto called the meeting to order at 6:37 p.m. A. Purchasing Policy Revision for Public Works Projects Mr. Williams explained under the proposed revision, staff would no longer be required to seek Council approval for requests to go to bid or requests to issue a RFQ/RFP for projects the Council has already approved on the CIP and included in the budget. If the construction contract meets the threshold amount, Council approval of the contract will still be required. Action: Schedule on full Council agenda. B. Addition of a Protect 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 Mr. Williams explained the State Legislature is considering a number of transportation packages with various funding sources. As the list of candidate projects did not include a large project in Edmonds; Representative Marko Liias requested the City quickly submit a project in the $5 - $10 million range. From a list of potential projects Mr. Williams submitted, Representative Liias felt this project, Edmonds Gateway/SR 99 Revitalization — Phase 1, had the best chance. The project would start redoing Edmonds' frontage on Hwy 99 similar to what Shoreline has done to improve access control, congestion relief, safety improvements, bike lanes, pedestrian improvements, landscaping, decorative lighting, etc. A project must be on the CIP, CFP, TIP to qualify for funding; revising the CFP requires a public hearing. Committee members expressed support. Action: Schedule on full Council. C. Street Fundina (REET Mr. Williams explained this issue was raised at the retreat; it was here for discussion. Ms. Hite explained the first $750,000 of REET is the only funding source for park capital; REET funds above $750,000 are designated for streets. Approximately $200,000 of the $750,000 is allocated for general park maintenance and the remaining $500,000 for parks projects, often used to leverage grant funds. Mr. Williams explained there are no funds in the City's budget for overlays; the City has not paved a street in five years. In 2013, $100,000 was allocated from the General Fund to balance the street budget for maintenance/repairs. Ms. Hite referred to discussions in the community about a Metropolitan Park District or park levy which could free up REET funds for streets, noting a street levy could also be added. Councilmembers discussed a MPD, park levy and/or street levy and other cities' success with park and street levies. Packet Page 260 of 267 Finance Committee Minutes, Action: Information on D. Ordinance Consenting to the Assignment of the Non -Exclusive Franchise Granted to Metromedia Pursuant to Ordinance No. 3295, to ZAYO Group. Mr. Clifton relayed telecommunications attorney Mike Bradley's recommendation to assign the existing the franchise agreement which will expire in 2015 to ZAYO. None of the terms of the franchise agreement change. This is nearly identical to the Astound — Blackrock franchise agreement assignment. ZAYO has no plans to deliver television so the City does not collect a 5% franchise, only a 6% utility tax on gross revenue. A $5,000 deposit was paid to handle the assignment/transfer; funds in excess of expenses will be refunded. Action: Schedule on Consent Agenda. E. January 2013 Monthly Financial Report Mr. Cone explained a lot of changes were made between the December 2012 and January 2013 reports. He reviewed several large expenditures paid in January 2013 to Fire District 1, ESCA, SnoCom, Snohomish County Voter Registration and WCIA that totaled $2.5 million. Councilmember Fraley-Monillas asked for a comparison of actual monthly expenses to previous years. She will email staff with the specific expenses she wants compared. Ms. Major agreed to provide Council President Petso the date and amount of FD1's 2012 first quarter payment. Action: Schedule on Consent Agenda. G. Parks Staffinq Ms. Hite explained 2.5 FTEs were cut from Parks, 1.0 FTE seasonal, 1.0 FTE office staff via Voluntary Separation Incentive Program (VSIP), and 0.5 FTE office admin assistant, resulting in 1.5 FTE less office staff to do nearly the same amount of work. After 21/2 months, the workload is too heavy for the remaining staff, affecting morale and requiring recreation coordinators to staff the front desk instead of programming classes that generate revenue. She proposed restoring 0.5 FTE Park front office staff to relieve workloads. The $24,000 cost for April — December 2013 would be funded from Park fund balance carried over from 2012 and she will determine ongoing funding. She relayed Mayor Earling is supportive and requested she make a presentation to the Finance Committee and then full Council. Discussion followed regarding duties of the person who took VSIP and the 0.5 FTE office admin assistant. Action: Schedule on full Council agenda. F. Public Comments Bruce Witenberg, Edmonds, encouraged the Council to consider Ms. Hite's proposal to add back .5 FTE due to the impact on morale, possibly losing staff and potential impacts on revenue. He asked what type of claims WCIA covers, which claims have been paid by WCIA, which claims have been paid from the General Fund, what claims are pending against the City, how much money is in the litigation reserve fund to pay future claims, WCIA premiums for 2013 compared to previous years and whether the City was paying to defend claims against the former Mayor. Adjournment — The meeting adjourned at 7:28 p.m. Packet Page 261 of 267 Parks, Planning and Public Works Committee Meeting March 12, 2013 Elected Officials Present: Council Member Kristiana Johnson Council Member Diane Buckshnis The committee meeting convened at 6:40 p.m. Staff Present: Frances Chapin, Cultural Services Manager Phil Williams, Public Works Director Walker Kasinadhuni, CC Student Representative Authorization for Mayor to sign contract with Snohomish County for Tourism Promotion grant. Councilmembers (CM) Buckshnis and Johnson reviewed the proposed new sign designs and placement and agreed with the need for improved way -finding signage. Acceptance of the grant from Snohomish County is recommended to the full Council on consent. ACTION: Move to Consent Agenda 2. Authorization to send out Call for Artist RFQ for Five Corners Roundabout Project. Frances Chapin handed out a revised RFQ. CM Johnson commented on the importance of making sure the whole project is attractive to the community and is designed with recognition of comments and preferences expressed during past public meetings and written comments. Ms. Chapin noted the public art component will include an additional public process. Consent calendar recommended. ACTION: Move to Consent Agenda 3. State Route 104 Transportation Study. This item was placed on the committee agenda following some discussion at the most recent council retreat. CMs Buckshnis and Johnson decided to discuss the study scope offline and bring it back to a future committee agenda. ACTION: Reschedule discussion for April 8, 2013 4. Traffic Impact Fee Annual Report. CM Buckshnis pointed out that in the future it might be good to look for opportunities to share this information with the public as an educational piece. ACTION: Move to Consent Packet Page 262 of 267 Parks, Planning and Public Works Committee Minutes March 12, 2013 Page 2 5. Purchasing Policy Revision for Public Works Projects. CM Buckshnis commented positively on the proposed changes. ACTION: Move to Consent 6. Report on final construction costs for the 2011 Waterline Replacement Project and acceptance of project. Final project numbers were reviewed. ACTION: Move to Consent 7. Report on final construction cost for the 2012 Waterline Replacement Project and acceptance of project. Final project numbers were reviewed. ACTION: Move to Consent 8. Authorization to advertise a Request for Bid for construction services for the 2013 Waterline Replacement Project. This Request for Bid authorization will be placed on the Council agenda for approval unless the changes in language for the City's Purchasing Policy are approved. See item 5 above. ACTION: Move to Consent 9. Authorization for Mayor to approve acceptance and recording of easements for the Five Corners Roundabout project. Five small parcels need to be purchased for the Five Corners project along with Landscape and Temporary Construction Easements. It was agreed that these should be placed on the Council's consent calendar as they come in. ACTION: Right of Way documents will be placed on future consent agendas for acceptance. 10. Proposed Ordinance authorizing the acquisition by negotiation or condemnation of real property interests needed for Five Corners Roundabout Project. Mr. Williams reported the City is actively negotiating easements and conversations are going well, but this ordinance provides a tool for the City to use if needed. He went on to discuss issues with the construction schedule related to the complex underground work that needs to be accomplished before the roundabout road surface is addressed. He also explained in response to a question from CM Johnson about landscaping, that the landscaping consultant is currently working on a design incorporating a variety of elements. ACTION: The Public Hearing is scheduled for the March 191h Council meeting. Packet Page 263 of 267 Parks, Planning and Public Works Committee Minutes March 12, 2013 Page 3 11. Authorization for Mayor to sign a Professional Services Agreement with a Consultant to provide services for the Perrinville Creek Stormwater Flow Reduction Retrofit Study. Mr. Williams discussed the need to do a hydraulic study to look at various approaches to changing peak flows in Perrinville Creek. The City of Edmonds is working with the City of Lynnwood. The consultant has been selected, TetraTech, and the scope of work and fee will be negotiated in the next month. The City plans to apply for an Ecology grant to supplement the funding supplied by Edmonds ratepayers and expand the scope of the study. ACTION: Move to Agenda for presentation after contract negotiated 12. Authorization to advertise, a Request for Bid, for construction services for the WWTP Standby Power Distribution and Switchgear Improvement Project. Mr. Williams explained this is a replacement project and confirmed that it is budgeted with utility funds. ACTION: Move to Consent 13. Energy Savings Contracting (ESCO) III. Mr. Williams outlined the process of the investment grade audit and list of work to be accomplished with a guarantee of 90% of project savings. CMs Buckshnis and Johnson agreed on the importance of a presentation at full Council to educate the public on the benefits of this project. ACTION: Move to Agenda for presentation 14. Public Comments Roger Hertrich — commented on the $10 million for SR 99 and the need to consider other transportation projects that are important such as an underpass at 99 and 220t" and upgrades on the 104 corridor from the freeway to the ferry. The meeting adjourned at 7:25 p.m. Packet Page 264 of 267 MINUTES PUBLIC SAFETY AND PERSONNEL COMMITTEE MEETING MARCH 12, 2013 Elected Officials Present: Councilmember Bloom (Committee Chair) Councilmember Peterson (Committee Member) City Staff Present: Chief of Police Al Compaan Assistant Chief of Police Jim Lawless Senior Animal Control Officer Debbie Dawson Edmonds Court Administrator Joan Ferebee City Clerk Sandy Chase The meeting was called to order at 6.35 p.m. A. Amendment to Domestic Violence Coordinator ILA with the City of Mill Creek. The meeting began with ACOP Lawless providing background on the current interlocal agreement between the City and the Mill Creek Police Department, which had been approved by Council on 8/14/12. He advised that the agreement needed to be amended as a result of a request by the incumbent Domestic Violence Coordinator requesting a reduction in hours, as she has returned to school. Councilmembers Bloom and Peterson recommended forwarding to full Council for approval via consent agenda. Action: Forward to City Council Consent Agenda with a recommendation to approve. B. Animal Licensing The discussion then turned to the issue of pet licensing and the associated fees. Officer Dawson provided the committee with a matrix of fees currently charged by the City as well as a comparison with surrounding jurisdictions. There was some discussion about the process for addressing the fees moving forward and Councilmember Bloom requested that Officer Dawson send her copies of licensing ordinances from surrounding jurisdictions. There was then some brief discussion about the possibility of the City utilizing an outside vendor for the licensing and fee collection process. ACOP Lawless advised that this is something that he is exploring, but he is waiting for the selection of a permanent Finance Director, as the process will impact finance and IT as well as police. It was agreed that Officer language and forward to th e Public Safety & Personnel Committee March 12, 2013 Page 1 of 3 Packet Page 265 of 267 Action: Take item to full Council for further discussion after draft discussion points and possible ordinance language received from Officer Dawson. C. Discussion and potential action regarding possible amendment of City Code 8.48, Parking, Paragraph 8.48.215 B.2. Joan Ferebee, Court Administrator, explained she attended a Parking Committee Meeting to bring to their attention the difficulty the Municipal Court is experiencing with the section of the City Code that allows citizens who receive a parking ticket to pay a reduced fine if the individual pays the fine by the end of the next business day after the issuance of the parking ticket. Generally, the Court does not have the tickets in their system that quickly. Therefore, the individuals can become very angry and upset when they come to the Municipal Court and are not able to pay. Ms. Ferebee stated that the Parking Committee recommended removing the section of the Code that allows for a reduced fine if it is paid by the end of the next business day. Councilmember Peterson stated that he was in agreement with eliminating the reduced fine. He stated that he would work with the City Attorney to create an ordinance to place on the consent agenda. Councilmember Bloom was in agreement. Action: Councilmember Peterson will work with the City Attorney to create an ordinance eliminating the reduced fine. The Ordinance is to be placed on a future Consent Agenda for approval. D. Student and Senior Volunteers Councilmember Bloom stated she would like to support the Boards and Commissions in obtaining student volunteers. She suggested that a senior volunteer could assist Jana Spellman, Senior Executive Council Assistant, in getting the word out to the various schools. Councilmember Peterson suggested Ms. Spellman could email the school board or a volunteer coordinator in the school system to determine if there are students interested in volunteering. Councilmember Bloom suggested a senior volunteer could work with Jana to develop a framework for contacting all of the schools with the appropriate person to contact and to advertise. Councilmember Peterson cautioned that managing a volunteer can take more time. He suggested talking with the Council President as she is in charge of Ms. Spellman's schedule. Councilmember Bloom also recalled that at the Council Retreat, Councilmember Johnson suggested an event be held to recognize city volunteers. Councilmember Bloom stated she will discuss with the Mayor the idea of scheduling a yearly event. E. Ethics Board and Code of Ethics Councilmember Bloom suggested narrowing down the list of sample policies from other cities for the City Attorney to work with in developing the policy for Edmonds. She suggested using the policies from the cities of Bainbridge Island, Lynnwood and Monroe. Public Safety & Personnel Committee March 12, 2013 Page 2 of 3 Packet Page 266 of 267 Councilmember Bloom stated that she would like the policy to include appointed officials (directors) in addition to elected officials and members of boards and commissions. Councilmember Peterson stated that he did not think the policy needed to address appointed officials (directors) as they answer to the Mayor. The Committee concluded that a further discussion on a Code of Ethics policy would be scheduled for the April Committee Meeting to determine which policy will be sent to the City Attorney. F. Discussion regarding taking minutes during Council Committee Meetings. Councilmember Peterson stated that if detailed/complete minutes are desired it would be necessary to pay someone to attend the meetings for this purpose. If action minutes are prepared (which is the way it has generally always been done), then he did not think councilmembers should take the minutes as it is difficult to participate in the discussion and take minutes. Councilmember Bloom agreed that councilmembers should not take minutes. After discussion, Councilmembers Bloom and Peterson agreed on the following recommendation: • Action minutes for committee meetings, prepared by staff members in attendance. • If a controversial item is scheduled, arrangements for more detailed minutes will be made. • Summary comments made by citizens should be included. Committee members will summarize citizen comments if no staff is available. • Work with Council President related to agenda items to make sure a staff member is available for each item discussed at the committee meeting. • Committee minutes are to be forwarded to committee chairs for review (as time allows). G. Public Comments There were no public comments. The committee meeting adjourned at 8:17 p.m. Public Safety & Personnel Committee March 12, 2013 Page 3 of 3 Packet Page 267 of 267